--- kind: "section" citation: "25 U.S.C. § 2002" title: "25" title_heading: "Indians" number: "2002" heading: "National criteria for home-living situations" release: "119-102" date: "2026-07-12" url: "https://uscodex.org/usc/25/2002" units: - "Chapter 22 — Bureau of Indian Affairs Programs" --- # §2002. National criteria for home-living situations - (a) **Revision of standards—** - (1) **In general—** The [Secretary](/usc/25/2021.md?p=17), in consultation with the [Secretary](/usc/25/2021.md?p=17) of Education, [Indian organizations](/usc/25/2021.md?p=11) and [tribes](/usc/25/2021.md?p=20), and [Bureau-funded schools](/usc/25/2021.md?p=3), shall revise the national standards for home-living (dormitory) situations to include such factors as heating, lighting, cooling, adult-child ratios, needs for counselors (including special needs related to off-reservation home-living (dormitory) situations), therapeutic programs, space, and privacy. - (2) **Implementation—** Such standards shall be implemented in [Bureau](/usc/25/2021.md?p=2)-operated schools, and shall serve as minimum standards for [contract or grant schools](/usc/25/2021.md?p=6). - (3) **Revision after establishment—** Once established, any revisions of such standards shall be developed according to the requirements established under [section 2017 of this title](/usc/25/2017.md). - (b) **Implementation—** The [Secretary](/usc/25/2021.md?p=17) shall implement the revised standards established under this section immediately upon completion of the standards. - (c) **Plan—** - (1) **In general—** The [Secretary](/usc/25/2021.md?p=17) shall submit to the appropriate committees of Congress, the [tribes](/usc/25/2021.md?p=20), and the affected schools, and publish in the Federal Register, a detailed plan to bring all [Bureau-funded schools](/usc/25/2021.md?p=3) that provide home-living (dormitory) situations up to the standards established under this section. - (2) **Components of plan—** The plan described in [paragraph (1)](#c-1) shall include— - (A) a statement of the relative needs of each [Bureau](/usc/25/2021.md?p=2)-funded home-living (dormitory) school; - (B) projected future needs of each [Bureau](/usc/25/2021.md?p=2)-funded home-living (dormitory) school; - (C) detailed information on the status of each school in relation to the standards established under this section; - (D) specific cost estimates for meeting each standard for each such school; - (E) aggregate cost estimates for bringing all such schools into compliance with the criteria established under this section; and - (F) specific timelines for bringing each school into compliance with such standards. - (d) **Waiver—** - (1) **In general—** A [tribal governing body](/usc/25/2021.md?p=19) or [local school board](/usc/25/2021.md?p=14) may, in accordance with this subsection, waive the standards established under this section for a school described in [subsection (a)](#a). - (2) **Inappropriate standards—** - (A) **In general—** A [tribal governing body](/usc/25/2021.md?p=19), or the [local school board](/usc/25/2021.md?p=14) so designated by the [tribal governing body](/usc/25/2021.md?p=19), may waive, in whole or in part, the standards established under this section if such standards are determined by such body or board to be inappropriate for the needs of students from that [tribe](/usc/25/2021.md?p=20). - (B) **Alternative standards—** The [tribal governing body](/usc/25/2021.md?p=19) or school board involved shall, not later than 60 days after providing a waiver under [subparagraph (A)](#d-2-A) for a school, submit to the [Director](/usc/25/2021.md?p=7) a proposal for alternative standards that take into account the specific needs of the [tribe](/usc/25/2021.md?p=20)’s children. Such alternative standards shall be established by the [Director](/usc/25/2021.md?p=7) for the school involved unless specifically rejected by the [Director](/usc/25/2021.md?p=7) for good cause and in writing provided to the affected [tribes](/usc/25/2021.md?p=20) or [local school board](/usc/25/2021.md?p=14). - (e) **Closure for failure to meet standards prohibited—** No school in operation on or before July 1, 1999 (regardless of compliance or noncompliance with the standards established under this section), may be closed, transferred to another authority, or consolidated, and no program of such a school may be substantially curtailed, because the school failed to meet such standards. ## Source credit (Pub. L. 95–561, title XI, § 1122, as added Pub. L. 107–110, title X, § 1042, Jan. 8, 2002, 115 Stat. 2018.) ## Notes ### Editorial Notes ### Prior Provisions A prior section 2002, Pub. L. 95–561, title XI, § 1122, as added Pub. L. 103–382, title III, § 381, Oct. 20, 1994, 108 Stat. 3984; amended Pub. L. 105–362, title VIII, § 801(c)(2), Nov. 10, 1998, 112 Stat. 3288, related to national criteria for dormitory situations, prior to the general amendment of this chapter by Pub. L. 107–110. Another prior section 2002, Pub. L. 95–561, title XI, § 1122, Nov. 1, 1978, 92 Stat. 2318; Pub. L. 96–46, § 2(b)(5), Aug. 6, 1979, 93 Stat. 341; Pub. L. 96–88, title III, § 301(a)(1), title V, § 507, Oct. 17, 1979, 93 Stat. 677, 692; Pub. L. 100–297, title V, § 5105, Apr. 28, 1988, 102 Stat. 367, related to national criteria for dormitory situations, prior to the general amendment of this chapter by Pub. L. 103–382. ### Statutory Notes and Related Subsidiaries ### Effective Date Section effective Jan. 8, 2002, except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 107–110, set out as a note under section 6301 of Title 20, Education.