25 U.S.C. § 2505 — Duration of eligibility determination

Page 491 TITLE 25—INDIANS § 2505 1 So in original. Probably should be subsection ‘‘(c)(1)(B)(ii).’’ actions taken (including the costs associated with such actions), under this section at the same time that the President is required to sub- mit to Congress the budget under section 1105 of title 31. (Pub. L. 100–297, title V, § 5205, as added Pub. L. 107–110, title X, § 1043, Jan. 8, 2002, 115 Stat. 2068.) Editorial Notes REFERENCES IN TEXT The Education Amendments of 1978, referred to in subsecs. (a)(1)(A), (B), (b)(1), and (c)(1), is Pub. L. 95–561, Nov. 1, 1978, 92 Stat. 2143. Title XI of the Act is classi- fied principally to chapter 22 (§ 2000 et seq.) of this title. For complete classification of this Act to the Code, see Short Title of 1978 Amendment note set out under sec- tion 6301 of Title 20, Education, and Tables. The Indian Self-Determination and Education Assist- ance Act, referred to in subsecs. (a)(2) and (f)(1)(C), is Pub. L. 93–638, Jan. 4, 1975, 88 Stat. 2203, which is classi- fied principally to chapter 46 (§ 5301 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 5301 of this title and Tables. The title, referred to in subsec. (c)(2)(E), probably should be ‘‘this part’’, meaning part B of title V of Pub. L. 100–297, known as the Tribally Controlled Schools Act of 1988, which is classified generally to this chap- ter. For complete classification of part B to the Code, see Short Title note set out under section 2501 of this title and Tables. PRIOR PROVISIONS A prior section 2504, Pub. L. 100–297, title V, § 5205, Apr. 28, 1988, 102 Stat. 387; Pub. L. 100–427, § 10(c), Sept. 9, 1988, 102 Stat. 1608; Pub. L. 101–301, § 5(g), May 24, 1990, 104 Stat. 209; Pub. L. 102–119, § 26(f), Oct. 7, 1991, 105 Stat. 607; Pub. L. 103–382, title III, §§ 382(a), (b), 394(m)(2), Oct. 20, 1994, 108 Stat. 4017, 4029, related to composition of grants, prior to repeal by Pub. L. 107–110, title X, § 1043, Jan. 8, 2002, 115 Stat. 2063. See section 2503 of this title. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Jan. 8, 2002, except with respect to certain noncompetitive programs and competitive pro- grams, see section 5 of Pub. L. 107–110, set out as a note under section 6301 of Title 20, Education. § 2505. Duration of eligibility determination (a) In general If the Secretary determines that a tribally controlled school is eligible for assistance under this chapter, the eligibility determination shall remain in effect until the determination is re- voked by the Secretary, and the requirements of subsection (b) or (c) of section 2504 of this title, if applicable, shall be considered to have been met with respect to such school until the eligi- bility determination is revoked by the Sec- retary. (b) Annual reports (1) In general Each recipient of a grant provided under this chapter shall complete an annual report which shall be limited to— (A) an annual financial statement report- ing revenue and expenditures as defined by the cost accounting established by the grantee; (B) an annual financial audit conducted pursuant to the standards of the Single Audit Act of 1984 [31 U.S.C. 7501 et seq.]; (C) a biennial compliance audit of the pro- curement of personal property during the pe- riod for which the report is being prepared that shall be in compliance with written procurement standards that are developed by the local school board; (D) an annual submission to the Secretary of the number of students served and a brief description of programs offered under the grant; and (E) a program evaluation conducted by an impartial evaluation review team, to be based on the standards established for pur- poses of subsection (c)(1)(A)(ii).1 (2) Evaluation review teams Where appropriate, other tribally controlled schools and representatives of tribally con- trolled community colleges shall make up members of the evaluation review teams. (3) Evaluations In the case of a school which is accredited, evaluations will be conducted at intervals under the terms of accreditation. (4) Submission of report (A) To tribal governing body Upon completion of the report required under paragraph (1), the recipient of the grant shall send (via first class mail, return receipt requested) a copy of such annual re- port to the tribal governing body (as defined in section 2012(f) of this title) of the tribally controlled school. (B) To Secretary Not later than 30 days after receiving writ- ten confirmation that the tribal governing body has received the report sent pursuant to subparagraph (A), the recipient of the grant shall send a copy of the report to the Secretary. (c) Revocation of eligibility (1) Determination of eligibility for assistance The Secretary shall not revoke a determina- tion that a school is eligible for assistance under this chapter if— (A) the Indian tribe or tribal organization submits the reports required under sub- section (b) with respect to the school; and (B) at least one of the following clauses ap- plies with respect to the school: (i) The school is certified or accredited by a State or regional accrediting associa- tion or is a candidate in good standing for such accreditation under the rules of the State or regional accrediting association, showing that credits achieved by the stu- dents within the education programs are, or will be, accepted at grade level by a State certified or regionally accredited in- stitution. (ii) The Secretary determines that there is a reasonable expectation that the cer- tification or accreditation described in Page 492 TITLE 25—INDIANS § 2506 2 So in original. Probably should be section ‘‘2504(b)(1)(A)’’. 3 So in original. Probably should be section ‘‘2504(f)(1)(C)’’. clause (i), or candidacy in good standing for such certification or accreditation, will be achieved by the school within 3 years. The school seeking accreditation shall re- main under the standards of the Bureau in effect on January 8, 2002, until such time as the school is accredited, except that if the Bureau standards are in conflict with the standards of the accrediting agency, the standards of such agency shall apply in such case. (iii) The school is accredited by a tribal department of education if such accredita- tion is accepted by a generally recognized regional or State accreditation agency. (iv)(I) With respect to a school that lacks accreditation, or that is not a can- didate for accreditation, based on cir- cumstances that are not beyond the con- trol of the school board, every 3 years an impartial evaluator agreed upon by the Secretary and the grant recipient conducts evaluations of the school, and the school receives a positive assessment under such evaluations. The evaluations are con- ducted under standards adopted by a con- tractor under a contract for the school en- tered into under the Indian Self-Deter- mination and Education Assistance Act [25 U.S.C. 5301 et seq.] (or revisions of such standards agreed to by the Secretary and the grant recipient) prior to January 8, 2002. (II) If the Secretary and a grant recipi- ent other than a tribal governing body fail to agree on such an evaluator, the tribal governing body shall choose the evaluator or perform the evaluation. If the Secretary and a grant recipient that is a tribal gov- erning body fail to agree on such an eval- uator, subclause (I) shall not apply. (III) A positive assessment by an impar- tial evaluator under this clause shall not affect the revocation of a determination of eligibility by the Secretary where such revocation is based on circumstances that were within the control of the school board. (2) Notice requirements for revocation The Secretary shall not revoke a determina- tion that a school is eligible for assistance under this chapter, or reassume control of a school that was a Bureau school prior to ap- proval of an application submitted under sec- tion 2505(b)(1)(A) 2 of this title until the Sec- retary— (A) provides notice to the tribally con- trolled school and the tribal governing body (within the meaning of section 2021 of this title) of the tribally controlled school which states— (i) the specific deficiencies that led to the revocation or resumption determina- tion; and (ii) the actions that are needed to rem- edy such deficiencies; and (B) affords such authority an opportunity to effect the remedial actions. (3) Technical assistance The Secretary shall provide such technical assistance to enable the school and governing body to carry out such remedial actions. (4) Hearing and appeal In addition to notice and technical assist- ance under this subsection, the Secretary shall provide to the school and governing body— (A) at the request of the school or gov- erning body, a hearing on the record regard- ing the revocation or reassumption deter- mination, to be conducted under the rules and regulations described in section 2505(f)(1)(C) 3 of this title; and (B) an opportunity to appeal the decision resulting from the hearing. (d) Applicability of section pursuant to election under section 2507(b) With respect to a tribally controlled school that receives assistance under this chapter pur- suant to an election made under section 2507(b) of this title— (1) subsection (b) of this section shall apply; and (2) the Secretary may not revoke eligibility for assistance under this chapter except in conformance with subsection (c) of this sec- tion. (Pub. L. 100–297, title V, § 5206, as added Pub. L. 107–110, title X, § 1043, Jan. 8, 2002, 115 Stat. 2072.) Editorial Notes REFERENCES IN TEXT The Single Audit Act of 1984, referred to in subsec. (b)(1)(B), is Pub. L. 98–502, Oct. 19, 1984, 98 Stat. 2327, which enacted chapter 75 (§ 7501 et seq.) of Title 31, Money and Finance, and provisions set out as notes under section 7501 of Title 31. For complete classifica- tion of this Act to the Code, see Short Title of 1984 Amendment note set out under section 7501 of Title 31 and Tables. The Indian Self-Determination and Education Assist- ance Act, referred to in subsec. (c)(1)(B)(iv)(I), is Pub. L. 93–638, Jan. 4, 1975, 88 Stat. 2203, which is classified principally to chapter 46 (§ 5301 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 5301 of this title and Tables. PRIOR PROVISIONS A prior section 2505, Pub. L. 100–297, title V, § 5206, Apr. 28, 1988, 102 Stat. 388; Pub. L. 100–427, § 11, Sept. 9, 1988, 102 Stat. 1608; Pub. L. 105–362, title VIII, § 801(d), Nov. 10, 1998, 112 Stat. 3288, related to eligibility for grants, prior to repeal by Pub. L. 107–110, title X, § 1043, Jan. 8, 2002, 115 Stat. 2063. See section 2504 of this title. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Jan. 8, 2002, except with respect to certain noncompetitive programs and competitive pro- grams, see section 5 of Pub. L. 107–110, set out as a note under section 6301 of Title 20, Education. § 2506. Payment of grants; investment of funds (a) Payments (1) In general Except as otherwise provided in this sub- section, the Secretary shall make payments to