---
kind: "section"
citation: "25 U.S.C. § 2004"
title: "25"
title_heading: "Indians"
number: "2004"
heading: "School boundaries"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/25/2004"
units:
  - "Chapter 22 — Bureau of Indian Affairs Programs"
---

# §2004. School boundaries

- (a) **Establishment by Secretary—** The [Secretary](/usc/25/2021.md?p=17) shall establish, by [regulation](/usc/25/2021.md?p=16-A), separate geographical attendance areas for each [Bureau-funded school](/usc/25/2021.md?p=3).
- (b) **Establishment by tribal body—** In any case where there is more than one [Bureau-funded school](/usc/25/2021.md?p=3) located on an Indian reservation, at the direction of the [tribal governing body](/usc/25/2021.md?p=19), the relevant school boards of the [Bureau-funded schools](/usc/25/2021.md?p=3) on the reservation may, by mutual consent, establish the relevant attendance areas for such schools, subject to the approval of the [tribal governing body](/usc/25/2021.md?p=19). Any such boundaries so established shall be accepted by the [Secretary](/usc/25/2021.md?p=17).
- (c) **Boundary revisions—**
  - (1) **Notice—** On or after July 1, 2001, no geographical attendance area shall be revised or established with respect to any [Bureau-funded school](/usc/25/2021.md?p=3) unless the [tribal governing body](/usc/25/2021.md?p=19) or the [local school board](/usc/25/2021.md?p=14) concerned (if so designated by the [tribal governing body](/usc/25/2021.md?p=19)) has been afforded—
    - (A) at least 6 months notice of the intention of the [Bureau](/usc/25/2021.md?p=2) to revise or establish such attendance area; and
    - (B) the opportunity to propose alternative boundaries.
  - (2) **Revision process—** Any [tribe](/usc/25/2021.md?p=20) may petition the [Secretary](/usc/25/2021.md?p=17) for revision of existing attendance area boundaries. The [Secretary](/usc/25/2021.md?p=17) shall accept such proposed alternative or revised boundaries unless the [Secretary](/usc/25/2021.md?p=17) finds, after consultation with the affected [tribe](/usc/25/2021.md?p=20) or [tribes](/usc/25/2021.md?p=20), that such revised boundaries do not reflect the needs of the Indian students to be served or do not provide adequate stability to all of the affected programs. The [Secretary](/usc/25/2021.md?p=17) shall cause such revisions to be published in the Federal Register.
  - (3) **Tribal resolution determination—** Nothing in this section shall deny a [tribal governing body](/usc/25/2021.md?p=19) the authority, on a continuing basis, to adopt a tribal resolution allowing parents the choice of the [Bureau-funded school](/usc/25/2021.md?p=3) their children may attend, regardless of the attendance boundaries established under this section.
- (d) **Funding restrictions—**
  - (1) **In general—** The [Secretary](/usc/25/2021.md?p=17) shall not deny funding to a [Bureau-funded school](/usc/25/2021.md?p=3) for any eligible Indian student attending the school solely because that student’s home or domicile is outside of the geographical attendance area established for that school under this section.
  - (2) **Transportation—** No funding shall be made available without tribal authorization to enable a school to provide transportation for any student to or from the school and a location outside the approved attendance area of the school.
- (e) **Reservation as boundary—** When there is only one [Bureau](/usc/25/2021.md?p=2)-funded program located on an Indian reservation—
  - (1) the attendance area for the program shall be the boundaries (established by treaty, agreement, legislation, court decisions, or executive decisions and as accepted by the [tribe](/usc/25/2021.md?p=20)) of the reservation served; and
  - (2) those students residing near the reservation shall also receive services from such program.
- (f) **Off-reservation home-living (dormitory) schools—**
  - (1) **In general—** Notwithstanding any geographical attendance areas, attendance at off-reservation home-living (dormitory) schools shall include students requiring special emphasis programs to be implemented at each off-reservation home-living (dormitory) school.
  - (2) **Coordination—** Such attendance shall be coordinated between [education line officers](/usc/25/2021.md?p=8), the family, and the referring and receiving programs.

## Source credit

(Pub. L. 95–561, title XI, § 1124, as added Pub. L. 107–110, title X, § 1042, Jan. 8, 2002, 115 Stat. 2019.)

## Notes

### Editorial Notes

### Prior Provisions

A prior section 2004, Pub. L. 95–561, title XI, § 1124, as added Pub. L. 103–382, title III, § 381, Oct. 20, 1994, 108 Stat. 3986, related to school boundaries, prior to the general amendment of this chapter by Pub. L. 107–110.

Another prior section 2004, Pub. L. 95–561, title XI, § 1124, Nov. 1, 1978, 92 Stat. 2319; Pub. L. 98–511, title V, § 503, Oct. 19, 1984, 98 Stat. 2393; Pub. L. 99–89, § 3, Aug. 15, 1985, 99 Stat. 380; Pub. L. 100–297, title V, § 5120, Apr. 28, 1988, 102 Stat. 384, related to school boundaries, 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.