US Codex
U.S.C.
Notes

§2021. Definitions — Inbound Citations

25 U.S.C. § 2021

Cited by 711 provisions in release 119-102.

Citations to 25 U.S.C. § 2021 as a whole

Citations to §2021(1)

Citations to §2021(2)

  • 25 U.S.C. § 2000
    Go to provision →
    Congress declares that the Federal Government has the sole responsibility for the operation and financial support of the Bureau of Indian Affairs funded school system that it has established on or near Indian reservations and Indian trust lands throughout the Nation for Indian children. It is the policy of the United States to fulfill the Federal Government’s unique and continuing trust relationship with and responsibility to the Indian people for the education of Indian children and for the operation and financial support of the Bureau of Indian Affairs-funded school system to work in full cooperation with tribes toward the goal of ensuring that the programs of the Bureau of Indian Affairs-funded school system are of the highest quality and provide for the basic elementary and secondary educational needs of Indian children, including meeting the unique educational and cultural needs of those children.
  • 25 U.S.C. § 2001(a)(1)
    Go to provision →
    (1) The purpose of the accreditation required under this section shall be to ensure that Indian students being served by a school funded by the Bureau of Indian Affairs are provided with educational opportunities that equal or exceed those for all other students in the United States.
  • 25 U.S.C. § 2001(a)(2)
    Go to provision →
    (2) Local school boards for schools operated by the Bureau of Indian Affairs, in cooperation and consultation with the appropriate tribal governing bodies and their communities, are encouraged to adopt declarations of purpose for education for their communities, taking into account the implications of such declarations on education in their communities and for their schools. In adopting such declarations of purpose, the school boards shall consider the effect the declarations may have on the motivation of students and faculties.
  • 25 U.S.C. § 2001(b)(8)(D)
    Go to provision →
    (D) With respect to a Bureau-operated school that fails to be accredited at the end of the third full year immediately following the date that the school’s plan was first in effect under paragraph (7), the Secretary may take one or more of the following corrective actions:
    (i) Institute and fully implement actions suggested by the accrediting agency.
    (ii) Consult with the tribe involved to determine the causes for the lack of accreditation including potential staffing and administrative changes that are or may be necessary.
    (iii) Set aside a certain amount of funds that may only be used by the school to obtain accreditation.
    (I) Provide the tribe with a 60-day period during which to determine whether the tribe desires to operate the school as a contract or grant school before meeting the accreditation requirements in section 5207(c) of the Tribally Controlled Schools Act of 19881 at the beginning of the next school year following the determination to take corrective action. If the tribe agrees to operate the school as a contract or grant school, the tribe shall prepare a plan, pursuant to paragraph (7), for approval by the Secretary in accordance with paragraph (7), to achieve accreditation.
    (II) If the tribe declines to assume control of the school, the Secretary, in consultation with the tribe, may contract with an outside entity, consistent with applicable law, or appoint a receiver or trustee to operate and administer the affairs of the school until the school is accredited. The outside entity, receiver, or trustee shall prepare a plan, pursuant to paragraph (7), for approval by the Secretary in accordance with paragraph (7).
    (III) Upon accreditation of the school, the Secretary shall allow the tribe to continue to operate the school as a grant or contract school, or if the school is being controlled by an outside entity, provide the tribe with the option to assume operation of the school as a contract school, in accordance with the Indian Self-Determination Act [25 U.S.C. 5321 et seq.], or as a grant school in accordance with the Tribally Controlled Schools Act of 1988 [25 U.S.C. 2501 et seq.], at the beginning of the school year following the school year in which the school obtains accreditation. If the tribe declines, the Secretary may allow the outside entity, receiver, or trustee to continue the operation of the school or reassume control of the school.
  • 25 U.S.C. § 2001(b)(10)
    Go to provision →
    (10) The Bureau shall, either directly or through contract with an Indian organization, establish a consistent system of reporting standards for fiscal control and fund accounting for all contract and grant schools. Such standards shall provide data comparable to those used by Bureau-operated schools.
  • 25 U.S.C. § 2001(c)(2)
    Go to provision →
    (2) On an annual basis, the Secretary shall submit to the appropriate committees of Congress, all Bureau-funded schools, and the tribal governing bodies of such schools a detailed plan to ensure that all Bureau-funded schools are accredited, or if such schools are in the process of obtaining accreditation that such schools meet the Bureau standards in effect on the day before January 8, 2002, to the extent that such standards do not conflict with the standards of the accrediting agency. Such plan shall include detailed information on the status of each school’s educational program in relation to the applicable standards, specific cost estimates for meeting such standards at each school, and specific timelines for bringing each school up to the level required by such standards.
  • 25 U.S.C. § 2001(d)(4)(A)
    Go to provision →
    (A) In a case in which closure, transfer to another authority, consolidation, or substantial curtailment of a school is under active consideration or review by any division of the Bureau or the Department of the Interior, the affected tribe, tribal governing body, and designated local school board will be notified immediately in writing, kept fully and currently informed, and afforded an opportunity to comment with respect to such consideration or review.
  • 25 U.S.C. § 2001(d)(5)(D)
    Go to provision →
    (D) a description of the consultation conducted between the potential service provider, current service provider, parents, tribal representatives and the tribe or tribes involved, and the Director of the Office of Indian Education Programs within the Bureau regarding such students.
  • 25 U.S.C. § 2001(e)(1)(B)(iii)
    Go to provision →
    (iii) The adequacy of the applicant’s program plans or, in the case of a Bureau-funded school, of projected needs analysis done either by the tribe or the Bureau.
  • 25 U.S.C. § 2001(e)(6)
    Go to provision →
    (6) Nothing in this section or any other provision of law, shall be construed to preclude the expansion of grades and related facilities at a Bureau-funded school, if such expansion is paid for with non-Bureau funds. Subject to the availability of appropriated funds the Secretary is authorized to provide the necessary funds needed to supplement the cost of operations and maintenance of such expansion.
  • 25 U.S.C. § 2001(g)
    Go to provision →
    (g) Funds received by Bureau-funded schools from the Bureau of Indian Affairs, and under any program from the Department of Education or any other Federal agency, for the purpose of providing education or related services may be used for schoolwide projects to improve the educational program for all Indian students.
  • 25 U.S.C. § 2001(h)(1)
    Go to provision →
    (1) The Comptroller General of the United States shall conduct a study to determine the adequacy of funding, and formulas used by the Bureau to determine funding, for programs operated by Bureau-funded schools, taking into account unique circumstances applicable to Bureau-funded schools. The study shall analyze existing information gathered and contained in germane studies that have been conducted or are currently being conducted with regard to Bureau-funded schools.
  • 25 U.S.C. § 2002(a)(2)
    Go to provision →
    (2) Such standards shall be implemented in Bureau-operated schools, and shall serve as minimum standards for contract or grant schools.
  • 25 U.S.C. § 2002(c)(2)(A)
    Go to provision →
    (A) a statement of the relative needs of each Bureau-funded home-living (dormitory) school;
  • 25 U.S.C. § 2002(c)(2)(B)
    Go to provision →
    (B) projected future needs of each Bureau-funded home-living (dormitory) school;
  • 25 U.S.C. § 2004(c)(1)(A)
    Go to provision →
    (A) at least 6 months notice of the intention of the Bureau to revise or establish such attendance area; and
  • 25 U.S.C. § 2004(e)
    Go to provision →
    (e) When there is only one Bureau-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) of the reservation served; and
    (2) those students residing near the reservation shall also receive services from such program.
  • 25 U.S.C. § 2005(a)(5)(A)(i)(I)
    Go to provision →
    (I) incorporates the findings from the Government Accountability Office study evaluating and comparing school systems of the Department of Defense and the Bureau of Indian Affairs;
  • 25 U.S.C. § 2005(a)(6)
    Go to provision →
    (6) The Secretary shall develop a Facilities Information Systems Support Database to maintain and update the information contained in the reports under clauses (ii) and (iii) of paragraph (5)(A) and the information contained in the survey conducted under paragraph (1). The system shall be updated every 3 years by the Bureau of Indian Affairs and monitored by Government Accountability Office, and shall be made available to school boards of Bureau-funded schools and their respective tribes, and Congress.
  • 25 U.S.C. § 2005(b)(1)
    Go to provision →
    (1) The Secretary shall immediately begin to bring all schools, dormitories, and other Indian education-related facilities operated by the Bureau or under contract or grant with the Bureau, into compliance with—
    (A) all applicable tribal, Federal, or State health and safety standards, whichever provides greater protection (except that the tribal standards to be applied shall be no greater than any otherwise applicable Federal or State standards);
    (B) section 794 of title 29; and
    (C) the Americans with Disabilities Act of 1990 [42 U.S.C. 12101 et seq.].
  • 25 U.S.C. § 2005(c)
    Go to provision →
    (c) At the time that the annual budget request for Bureau educational services is presented, the Secretary shall submit to the appropriate committees of Congress a detailed plan to bring all facilities covered under subsection (a) into compliance with the standards referred to in that subsection that includes—
    (1) detailed information on the status of each facility’s compliance with such standards;
    (2) specific cost estimates for meeting such standards at each school; and
    (3) specific timelines for bringing each school into compliance with such standards.
  • 25 U.S.C. § 2005(d)(2)(B)
    Go to provision →
    (B) using the list prepared under subparagraph (A), propose a list for the orderly replacement of all Bureau-funded education-related facilities over a period of 40 years to enable planning and scheduling of budget requests;
  • 25 U.S.C. § 2005(e)(1)(A)
    Go to provision →
    (A) A Bureau-funded school may be closed or consolidated, or the programs of a Bureau-funded school may be substantially curtailed, by reason of facility conditions that constitute an immediate hazard to health and safety only if a health and safety officer of the Bureau and an individual designated at the beginning of the school year by the tribe involved under subparagraph (B) determine that such conditions exist at a facility of the Bureau-funded school.
  • 25 U.S.C. § 2005(e)(1)(C)
    Go to provision →
    (C) After making a determination described in subparagraph (A), the Bureau health and safety officer and the individual designated by the tribe shall conduct an inspection of the conditions of such facility in order to determine whether conditions at such facility constitute an immediate hazard to health and safety. Such inspection shall be completed as expeditiously as practicable, but not later than 20 days after the date on which the action described in subparagraph (A) is taken.
  • 25 U.S.C. § 2005(e)(1)(D)
    Go to provision →
    (D) If the Bureau health and safety officer, and the individual designated by the tribe, conducting the inspection of a facility required under subparagraph (C) do not concur that conditions at the facility constitute an immediate hazard to health and safety, such officer and individual shall immediately notify the tribal governing body and provide written information related to their determinations.
  • 25 U.S.C. § 2005(e)(1)(E)
    Go to provision →
    (E) Not later than 10 days after a tribal governing body receives notice under subparagraph (D), the tribal governing body shall consider all information relating to the determinations of the Bureau health and safety officer and the individual designated by the tribe and make a determination regarding the closure, consolidation, or curtailment involved.
  • 25 U.S.C. § 2005(e)(1)(F)(i)
    Go to provision →
    (i) If the Bureau health and safety officer and the individual designated by the tribe conducting the inspection of a facility required under subparagraph (C), concur that conditions at the facility constitute an immediate hazard to health and safety, or if the tribal governing body makes such a determination under subparagraph (E), the facility involved shall be closed immediately.
  • 25 U.S.C. § 2005(e)(1)(F)(ii)
    Go to provision →
    (ii) If the Bureau health and safety officer or the individual designated by the tribe conducting the inspection of a facility required under subparagraph (C) determines that conditions at the facility do not constitute an immediate hazard to health and safety, any consolidation or curtailment that was made under this paragraph shall immediately cease and any school closed by reason of conditions at the facility shall be reopened immediately.
  • 25 U.S.C. § 2005(e)(2)(C)(ii)
    Go to provision →
    (ii) with respect to a school that is to be closed for not less than 1 year, a time period determined appropriate by the Bureau.
  • 25 U.S.C. § 2005(e)(3)
    Go to provision →
    (3) Any closure of a Bureau-funded school under this subsection for a period that exceeds 30 days but is less than 1 year, shall be treated by the Bureau as an emergency facility improvement and repair project.
  • 25 U.S.C. § 2005(f)(1)
    Go to provision →
    (1) Beginning with the first fiscal year following January 8, 2002, all funds appropriated to the budget accounts for the operations and maintenance of Bureau-funded schools shall be distributed by formula to the schools. No funds from these accounts may be retained or segregated by the Bureau to pay for administrative or other costs of any facilities branch or office, at any level of the Bureau.
  • 25 U.S.C. § 2005(f)(2)
    Go to provision →
    (2) No funds shall be withheld from the distribution to the budget of any school operated under contract or grant by the Bureau for maintenance or any other facilities or road-related purpose, unless such school has consented, as a modification to the contract or in writing for grants schools, to the withholding of such funds, including the amount thereof, the purpose for which the funds will be used, and the timeline for the services to be provided. The school may, at the end of any fiscal year, cancel an agreement under this paragraph upon giving the Bureau 30 days notice of its intent to do so.
  • 25 U.S.C. § 2006(a)
    Go to provision →
    (a) The Secretary shall vest in the Assistant Secretary for Indian Affairs all functions with respect to formulation and establishment of policy and procedure and supervision of programs and expenditures of Federal funds for the purpose of Indian education administered by the Bureau. The Assistant Secretary shall carry out such functions through the Director of the Office of Indian Education Programs.
  • 25 U.S.C. § 2006(b)(1)
    Go to provision →
    (1) Not later than 180 days after January 8, 2002, the Director of the Office shall direct and supervise the operations of all personnel directly and substantially involved in the provision of education program services by the Bureau, including school or institution custodial or maintenance personnel, and personnel responsible for contracting, procurement, and finance functions connected with school operation programs.
  • 25 U.S.C. § 2006(d)(1)
    Go to provision →
    (1) monitor and evaluate Bureau education programs;
  • 25 U.S.C. § 2006(e)(2)(B)
    Go to provision →
    (B) The appropriate education line officers shall make arrangements for the maintenance of education facilities with the local supervisors of the Bureau maintenance personnel. The local supervisors of Bureau maintenance personnel shall take appropriate action to implement the decisions made by the appropriate education line officers, except that no funds under this chapter may be authorized for expenditure unless such appropriate education line officer is assured that the necessary maintenance has been, or will be, provided in a reasonable manner.
  • 25 U.S.C. § 2006(f)(1)
    Go to provision →
    (1) Notwithstanding any other provision of law, the Director of the Office shall promulgate guidelines for the establishment and administration of mechanisms for the acceptance of gifts and bequests for the use and benefit of particular schools or designated Bureau-operated education programs, including, in appropriate cases, the establishment and administration of trust funds.
  • 25 U.S.C. § 2006(f)(2)
    Go to provision →
    (2) Except as provided in paragraph (3), in a case in which a Bureau-operated education program is the beneficiary of such a gift or bequest, the Director shall—
    (A) make provisions for monitoring use of the gift or bequest; and
    (B) submit a report to the appropriate committees of Congress that describes the amount and terms of such gift or bequest, the manner in which such gift or bequest shall be used, and any results achieved by such use.
  • 25 U.S.C. § 2007(a)(2)(B)
    Go to provision →
    (B) Not later than January 1, 2003, the Secretary shall review the formula established under this section and shall take such steps as are necessary to increase the availability of counseling and therapeutic programs for students in off-reservation home-living (dormitory) schools and other Bureau-operated residential facilities.
  • 25 U.S.C. § 2007(f)(1)
    Go to provision →
    (1) is a member of, or is at least one-fourth degree Indian blood descendant of a member of, a tribe that is eligible for the special programs and services provided by the United States through the Bureau to Indians because of their status as Indians;
  • 25 U.S.C. § 2007(f)(2)
    Go to provision →
    (2) resides on or near a reservation or meets the criteria for attendance at a Bureau off-reservation home-living school; and
  • 25 U.S.C. § 2007(g)(2)(C)
    Go to provision →
    (C) the student is a dependent of a Bureau, Indian Health Service, or tribal government employee who lives on or near the school site; or
  • 25 U.S.C. § 2008(a)(1)(A)(ii)
    Go to provision →
    (ii) are not customarily paid by comparable Bureau-operated programs out of direct program funds; and
  • 25 U.S.C. § 2008(a)(1)(A)(iii)(I)
    Go to provision →
    (I) normally provided for comparable Bureau programs by Federal officials using resources other than Bureau direct program funds; or
  • 25 U.S.C. § 2008(a)(2)
    Go to provision →
    (2) The term “Bureau elementary and secondary functions” means—
    (A) all functions funded at Bureau schools by the Office;
    (B) all programs—
    (i) funds for which are appropriated to other agencies of the Federal Government; and
    (ii) which are administered for the benefit of Indians through Bureau schools; and
    (C) all operation, maintenance, and repair funds for facilities and Government quarters used in the operation or support of elementary and secondary education functions for the benefit of Indians, from whatever source derived.
  • 25 U.S.C. § 2008(a)(3)(B)
    Go to provision →
    (B) In the case of Bureau elementary or secondary education functions which have not previously been operated by a tribe or tribal organization under contract, grant, or agreement with the Bureau, the direct cost base for the initial year shall be the projected aggregate direct cost program funding for all Bureau elementary and secondary functions to be operated by the tribe or tribal organization during that fiscal year.
  • 25 U.S.C. § 2008(a)(7)
    Go to provision →
    (7) The term “tribal elementary or secondary educational programs” means all Bureau elementary and secondary functions, together with any other Bureau programs or portions of programs (excluding funds for social services that are appropriated to agencies other than the Bureau and are funded through the Bureau, funds for major subcontracts, construction, and other major capital expenditures, and unexpended funds carried over from prior years) which share common administrative cost functions, that are operated directly by a tribe or tribal organization under a contract, grant, or agreement with the Bureau.
  • 25 U.S.C. § 2008(b)(1)(B)
    Go to provision →
    (B) carry out other necessary support functions which would otherwise be provided by the Secretary or other Federal officers or employees, from resources other than direct program funds, in support of comparable Bureau-operated programs.
  • 25 U.S.C. § 2008(c)(1)
    Go to provision →
    (1) The amount of the grant provided to each tribe or tribal organization under this section for each fiscal year shall be determined by applying the administrative cost percentage rate of the tribe or tribal organization to the aggregate of the Bureau elementary and secondary functions operated by the tribe or tribal organization for which funds are received from or through the Bureau.
  • 25 U.S.C. § 2008(g)
    Go to provision →
    (g) Funds received as grants under this section for Bureau-funded programs operated by a tribe or tribal organization under a contract or agreement shall not be taken into consideration for purposes of indirect cost underrecovery and overrecovery determinations by any Federal agency for any other funds, from whatever source derived.
  • 25 U.S.C. § 2008(i)(6)
    Go to provision →
    (6) The Secretary shall include in the Bureau’s justification for each appropriations request beginning in the first fiscal year after the completion of the studies conducted under paragraph (1), a projection of the overall costs associated with the formula set forth in subsection (c) for all tribal elementary or secondary education programs which the Secretary expects to be funded in the fiscal year for which the appropriations are sought.
  • 25 U.S.C. § 2008(i)(7)
    Go to provision →
    (7) For purposes of this subsection, the size of tribal elementary or secondary educational programs is determined by the aggregate direct cost program funding level for all Bureau-funded programs which share common administrative cost functions.
  • 25 U.S.C. § 2010(a)(3)(A)
    Go to provision →
    (A) Notwithstanding any other provision of law (including a regulation), the supervisor of a Bureau-operated school may expend an aggregate of not more than $50,000 of the amount allotted to the school under section 2007 of this title to acquire materials, supplies, equipment, operation services, maintenance services, and other services for the school, and amounts received as operations and maintenance funds, funds received from the Department of Education, or funds received from other Federal sources, without competitive bidding if—
    (i) the cost for any single item acquired does not exceed $15,000;
    (ii) the school board approves the acquisition;
    (iii) the supervisor certifies that the cost is fair and reasonable;
    (iv) the documents relating to the acquisition executed by the supervisor of the school or other school staff cite this paragraph as authority for the acquisition; and
    (v) the acquisition transaction is documented in a journal maintained at the school that clearly identifies when the transaction occurred, the item that was acquired and from whom, the price paid, the quantities acquired, and any other information the supervisor or the school board considers to be relevant.
  • 25 U.S.C. § 2010(a)(3)(B)
    Go to provision →
    (B) Not later than 6 months after January 8, 2002, the Secretary shall send notice of the provisions of this paragraph to each supervisor of a Bureau school and associated school board chairperson, the education line officer of each agency and area, and the Bureau division in charge of procurement, at both the local and national levels.
  • 25 U.S.C. § 2010(a)(3)(C)(ii)
    Go to provision →
    (ii) ensuring that there is at least one such individual at each Bureau facility; and
  • 25 U.S.C. § 2010(b)(1)
    Go to provision →
    (1) Each Bureau-operated school that receives an allotment under section 2007 of this title shall prepare a local financial plan that specifies the manner in which the school will expend the funds made available under the allotment and ensures that the school will meet the accreditation requirements or standards for the school pursuant to section 2001 of this title.
  • 25 U.S.C. § 2010(b)(4)(C)
    Go to provision →
    (C) may appeal any such action of the local school board to the appropriate education line officer of the Bureau agency by filing a written statement describing the action and the reasons the supervisor believes such action should be overturned.
  • 25 U.S.C. § 2010(f)(1)(A)
    Go to provision →
    (A) From funds allotted to a Bureau school under section 2007 of this title, the Secretary shall, if specifically requested by the appropriate tribal governing body, implement a cooperative agreement that is entered into between the tribe, the Bureau, the local school board, and a local public school district that meets the requirements of paragraph (2) and involves the school.
  • 25 U.S.C. § 2010(f)(1)(B)
    Go to provision →
    (B) The tribe, the Bureau, the school board, and the local public school district shall determine the terms of an agreement entered into under subparagraph (A).
  • 25 U.S.C. § 2011(a)
    Go to provision →
    (a) It shall be the policy of the United States acting through the Secretary, in carrying out the functions of the Bureau, to facilitate Indian control of Indian affairs in all matters relating to education.
  • 25 U.S.C. § 2011(b)(2)(A)
    Go to provision →
    (A) In this subsection, the term “consultation” means a process involving the open discussion and joint deliberation of all options with respect to potential issues or changes between the Bureau and all interested parties.
  • 25 U.S.C. § 2012(c)(1)(A)
    Go to provision →
    (A) lists of qualified and interviewed applicants for education positions be maintained in each agency and area office of the Bureau from among individuals who have applied at the agency or area level for an education position or who have applied at the national level and have indicated in such application an interest in working in certain areas or agencies;
  • 25 U.S.C. § 2012(d)(1)(A)(ii)
    Go to provision →
    (ii) each supervisor of a Bureau school shall be hired by the education line officer of the agency office of the Bureau for the jurisdiction in which the school is located;
  • 25 U.S.C. § 2012(d)(1)(A)(iii)
    Go to provision →
    (iii) each educator employed in an agency office of the Bureau shall be hired by the superintendent for education of the agency office; and
  • 25 U.S.C. § 2012(d)(1)(C)(i)
    Go to provision →
    (i) before an individual is employed in an education position in an agency or area office of the Bureau, the appropriate agency school board shall be consulted; and
  • 25 U.S.C. § 2012(d)(2)(A)
    Go to provision →
    (A) Any individual who applies at the local level for an education position shall state on such individual’s application whether or not such individual has applied at the national level for an education position in the Bureau.
  • 25 U.S.C. § 2012(d)(2)(D)
    Go to provision →
    (D) If the individual has applied at the national level for an education position in the Bureau, the appointment of such individual at the local level shall be conditional for a period of 90 days, during which period the Secretary may appoint a more qualified individual (as determined by the Secretary) from the list maintained at the national level pursuant to subsection (c)(1)(A)(ii)2 to the position to which such individual was appointed.
  • 25 U.S.C. § 2012(d)(4)(B)(i)
    Go to provision →
    (i) The education line officer of an agency office of the Bureau may appeal to the Director of the Office any determination by the local school board for the school that an individual be employed, or not be employed, as the supervisor of a school by filing a written statement describing the determination and the reasons the supervisor believes such determination should be overturned.
  • 25 U.S.C. § 2012(d)(5)(A)
    Go to provision →
    (A) The education line officer of an agency office of the Bureau may appeal to the Director of the Office any determination by the agency school board that an individual be employed, or not be employed, in an education position in such agency office by filing a written statement describing the determination and the reasons the supervisor believes such determination should be overturned.
  • 25 U.S.C. § 2012(e)(2)(B)(i)
    Go to provision →
    (i) The supervisor shall have the right to appeal to the education line officer of the appropriate agency office of the Bureau a determination by a local school board under subparagraph (A)(iii), as evidenced by school board records, not to discharge an educator.
  • 25 U.S.C. § 2012(e)(3)(B)
    Go to provision →
    (B) to recommend to the education line officer of the appropriate agency office of the Bureau and to the Director of the Office, that the supervisor of the school be discharged.
  • 25 U.S.C. § 2012(f)(1)(B)
    Go to provision →
    (B) This paragraph shall not be construed to relieve the responsibility of the Bureau to issue timely and adequate announcements and advertisements concerning any such personnel action if such action is intended to fill a vacancy (no matter how such vacancy is created).
  • 25 U.S.C. § 2012(g)(1)(D)(i)
    Go to provision →
    (i) preclude the use of regulations and procedures used by the Bureau prior to April 28, 1988, in making determinations regarding promotions and advancements through levels of pay that are based on the merit, education, experience, or tenure of the educator; or
  • 25 U.S.C. § 2012(g)(2)(B)(iii)
    Go to provision →
    (iii) A request made under clause (i) shall be considered to be approved at the end of the 60th day after the request is received in the Central Office of the Bureau unless before that time the request is approved, approved with a modification, or disapproved by the Secretary.
  • 25 U.S.C. § 2012(h)
    Go to provision →
    (h) Upon termination of employment with the Bureau, any annual leave remaining to the credit of an individual covered by this section shall be liquidated in accordance with sections 5551(a) and 6306 of title 5, except that leave earned or accrued under regulations promulgated pursuant to subsection (b)(10) shall not be so liquidated.
  • 25 U.S.C. § 2012(j)
    Go to provision →
    (j) An educator who voluntarily terminates employment with the Bureau before the expiration of the existing employment contract between such educator and the Bureau shall not be eligible to be employed in another education position in the Bureau during the remainder of the term of such contract.
  • 25 U.S.C. § 2012(n)(1)(A)
    Go to provision →
    (A) Notwithstanding any other provision of law, the Secretary may provide, for each Bureau area, a stipend in lieu of overtime premium pay or compensatory time off.
  • 25 U.S.C. § 2012(n)(1)(B)
    Go to provision →
    (B) Any employee of the Bureau who performs additional activities to provide services to students or otherwise support the school’s academic and social programs may elect to be compensated for all such work on the basis of the stipend.
  • 25 U.S.C. § 2012(n)(3)
    Go to provision →
    (3) This subsection applies to all Bureau employees, regardless of whether the employee is employed under this section or title 5.
  • 25 U.S.C. § 2012(o)(1)
    Go to provision →
    (1) The term “education position” means a position in the Bureau the duties and responsibilities of which—
    (i) are performed on a school year basis principally in a Bureau school; and
    (ii) involve—
    (I) classroom or other instruction or the supervision or direction of classroom or other instruction;
    (II) any activity (other than teaching) which requires academic credits in educational theory and practice equal to the academic credits in educational theory and practice required for a bachelor’s degree in education from an accredited institution of higher education;
    (III) any activity in or related to the field of education notwithstanding that academic credits in educational theory and practice are not a formal requirement for the conduct of such activity; or
    (IV) support services at, or associated with, the site of the school; or
    (B) are performed at the agency level of the Bureau and involve the implementation of education-related programs other than the position for agency superintendent for education.
  • 25 U.S.C. § 2012(o)(1)(B)
    Go to provision →
    (B) are performed at the agency level of the Bureau and involve the implementation of education-related programs other than the position for agency superintendent for education.
  • 25 U.S.C. § 2013(a)(7)
    Go to provision →
    (7) information on the administrative and program costs attributable to each Bureau program, divided into discrete elements;
  • 25 U.S.C. § 2013(b)
    Go to provision →
    (b) Not later than July 1, 2003, the Secretary shall complete the implementation of the updated computerized management information system at each Bureau field office and Bureau-funded school.
  • 25 U.S.C. § 2014
    Go to provision →
    The Secretary shall institute a policy for the recruitment of qualified Indian educators and a detailed plan to promote employees from within the Bureau. Such plan shall include opportunities for acquiring work experience prior to actual work assignment.
  • 25 U.S.C. § 2015(a)
    Go to provision →
    (a) The Secretary shall submit to each appropriate committee of Congress, all Bureau-funded schools, and the tribal governing bodies of such schools, a detailed annual report on the state of education within the Bureau, and any problems encountered in Indian education during the period covered by the report, that includes—
    (1) suggestions for the improvement of the Bureau educational system and for increasing tribal or local Indian control of such system; and
    (2) information on the status of tribally controlled community colleges.
  • 25 U.S.C. § 2015(a)(1)
    Go to provision →
    (1) suggestions for the improvement of the Bureau educational system and for increasing tribal or local Indian control of such system; and
  • 25 U.S.C. § 2015(b)
    Go to provision →
    (b) The annual budget request for the education programs of the Bureau, as submitted as part of the President’s next annual budget request under section 1105 of title 31 shall include the plans required by sections 2001(c), 2002(c), and 2004(c)1 of this title.
  • 25 U.S.C. § 2015(c)
    Go to provision →
    (c) The Inspector General of the Department of the Interior shall establish a system to ensure that financial and compliance audits, based upon the extent to which a school described in subsection (a) has complied with the local financial plan under section 2010 of this title, are conducted of each Bureau-operated school at least once every 3 years.
  • 25 U.S.C. § 2015(d)
    Go to provision →
    (d) The Director shall, at least once every 3 to 5 years, conduct a comprehensive evaluation of Bureau-operated schools. Such evaluation shall be in addition to any other program review or evaluation that may be required under Federal law.
  • 25 U.S.C. § 2019(e)
    Go to provision →
    (e) Family literacy programs operated under this section and other family literacy programs operated by the Bureau of Indian Affairs shall be coordinated with family literacy programs for Indian children under subpart 2 of part B of title II of the Elementary and Secondary Education Act of 1965 [20 U.S.C. 6641 et seq.] in order to avoid duplication and to encourage the dissemination of information on quality family literacy programs serving Indians.
  • 25 U.S.C. § 2020(d)(2)
    Go to provision →
    (2) to provide for the development of coordinated educational programs (including all preschool, elementary, secondary, and higher or vocational educational programs funded by tribal, Federal, or other sources) on reservations (and on former Indian reservations in Oklahoma) by encouraging tribal administrative support of all Bureau-funded educational programs as well as encouraging tribal cooperation and coordination with entities carrying out all educational programs receiving financial support from other Federal agencies, State agencies, or private entities; and
  • 25 U.S.C. § 2020(e)(3)(A)(i)
    Go to provision →
    (i) the assumption, by the tribal department of education, of all assets and functions of the Bureau agency office associated with the tribe, to the extent the assets and functions relate to education; and
  • 25 U.S.C. § 2020(e)(3)(A)(ii)
    Go to provision →
    (ii) the termination by the Bureau of such functions and office at the time of such assumption; and

Citations to §2021(3)

Citations to §2021(4)

Citations to §2021(5)

Citations to §2021(6)

Citations to §2021(7)

Citations to §2021(8)

Citations to §2021(9)

Citations to §2021(10)

Citations to §2021(11)

Citations to §2021(12)

Citations to §2021(14)

Citations to §2021(15)

Citations to §2021(16)(A)

  • 25 U.S.C. § 2001(b)(9)
    Go to provision →
    (9) Nothing in this section shall be construed to alter or otherwise affect the rights, remedies, and procedures afforded to school employees under applicable law (including applicable regulations or court orders) or under the terms of any collective bargaining agreement, memorandum of understanding, or other agreement between such employees and their employers.
  • 25 U.S.C. § 2001(d)(3)
    Go to provision →
    (3) The Secretary shall, by regulation, promulgate standards and procedures for the closure, transfer to another authority, consolidation, or substantial curtailment of Bureau schools, in accordance with the requirements of this subsection.
  • 25 U.S.C. § 2001(e)(4)(C)
    Go to provision →
    (C) provide to the applicant a hearing on the record regarding the denial, under the same rules and regulations as apply under the Indian Self-Determination and Education Assistance Act [25 U.S.C. 5301 et seq.]; and
  • 25 U.S.C. § 2003(a)
    Go to provision →
    (a) The provisions of part 32 of title 25, Code of Federal Regulations, as in effect on January 1, 1987, are incorporated into this Act and shall be treated as though such provisions are set forth in this subsection. Such provisions may be altered only by means of an Act of Congress. To the extent that such provisions of part 32 do not conform with this Act or any statutory provision of law enacted before November 1, 1978, the provisions of this Act and the provisions of such other statutory law shall govern.
  • 25 U.S.C. § 2003(b)
    Go to provision →
    (b) In this section, the term “regulation” means any rule, regulation, guideline, interpretation, order, or requirement of general applicability prescribed by any officer or employee of the executive branch.
  • 25 U.S.C. § 2004(a)
    Go to provision →
    (a) The Secretary shall establish, by regulation, separate geographical attendance areas for each Bureau-funded school.
  • 25 U.S.C. § 2007(a)(1)
    Go to provision →
    (1) The Secretary shall establish, by regulation adopted in accordance with section 2017 of this title, a formula for determining the minimum annual amount of funds necessary to sustain each Bureau-funded school. In establishing such formula, the Secretary shall consider—
    (A) the number of eligible Indian students served and total student population of the school;
    (B) special cost factors, such as—
    (i) the isolation of the school;
    (ii) the need for special staffing, transportation, or educational programs;
    (iii) food and housing costs;
    (iv) maintenance and repair costs associated with the physical condition of the educational facilities;
    (v) special transportation and other costs of isolated and small schools;
    (vi) the costs of home-living (dormitory) arrangements, where determined necessary by a tribal governing body or designated school board;
    (vii) costs associated with greater lengths of service by education personnel;
    (viii) the costs of therapeutic programs for students requiring such programs; and
    (ix) special costs for gifted and talented students;
    (C) the cost of providing academic services which are at least equivalent to those provided by public schools in the State in which the school is located;
    (D) whether the available funding will enable the school involved to comply with the accreditation standards applicable to the school under section 2001 of this title; and
    (E) such other relevant factors as the Secretary determines are appropriate.
  • 25 U.S.C. § 2010(a)(1)
    Go to provision →
    (1) The Secretary shall establish, by regulation adopted in accordance with section 2016 of this title, a system for the direct funding and support of all Bureau-funded schools. Such system shall allot funds in accordance with section 2007 of this title. All amounts appropriated for distribution in accordance with this section shall be made available in accordance with paragraph (2).
  • 25 U.S.C. § 2010(a)(3)(A)
    Go to provision →
    (A) Notwithstanding any other provision of law (including a regulation), the supervisor of a Bureau-operated school may expend an aggregate of not more than $50,000 of the amount allotted to the school under section 2007 of this title to acquire materials, supplies, equipment, operation services, maintenance services, and other services for the school, and amounts received as operations and maintenance funds, funds received from the Department of Education, or funds received from other Federal sources, without competitive bidding if—
    (i) the cost for any single item acquired does not exceed $15,000;
    (ii) the school board approves the acquisition;
    (iii) the supervisor certifies that the cost is fair and reasonable;
    (iv) the documents relating to the acquisition executed by the supervisor of the school or other school staff cite this paragraph as authority for the acquisition; and
    (v) the acquisition transaction is documented in a journal maintained at the school that clearly identifies when the transaction occurred, the item that was acquired and from whom, the price paid, the quantities acquired, and any other information the supervisor or the school board considers to be relevant.
  • 25 U.S.C. § 2012(b)
    Go to provision →
    (b) Not later than 60 days after January 8, 2002, the Secretary shall prescribe regulations to carry out this section. Such regulations shall provide for—
    (1) the establishment of education positions;
    (2) the establishment of qualifications for educators and education personnel;
    (3) the fixing of basic compensation for educators and education positions;
    (4) the appointment of educators;
    (5) the discharge of educators;
    (6) the entitlement of educators to compensation;
    (7) the payment of compensation to educators;
    (8) the conditions of employment of educators;
    (9) the leave system for educators;
    (10) the annual leave and sick leave for educators;
    (11) the length of the school year applicable to education positions described in subsection (a); and
    (12) such additional matters as may be appropriate.
  • 25 U.S.C. § 2012(c)(1)
    Go to provision →
    (1) In prescribing regulations to govern the qualifications of educators, the Secretary shall require that—
    (A) lists of qualified and interviewed applicants for education positions be maintained in each agency and area office of the Bureau from among individuals who have applied at the agency or area level for an education position or who have applied at the national level and have indicated in such application an interest in working in certain areas or agencies;
    (B) a local school board shall have the authority to waive on a case-by-case basis, any formal education or degree qualifications established by regulation pursuant to subsection (b)(2), in order for a tribal member to be hired in an education position to teach courses on tribal culture and language and that subject to subsection (e)(2), a determination by a school board that such a person be hired shall be instituted by the supervisor of the school involved; and
    (C) that1 it shall not be a prerequisite to the employment of an individual in an education position at the local level that—
    (i) such individual’s name appear on a list maintained pursuant to subparagraph (A); or
    (ii) such individual have applied at the national level for an education position.
  • 25 U.S.C. § 2012(c)(1)(B)
    Go to provision →
    (B) a local school board shall have the authority to waive on a case-by-case basis, any formal education or degree qualifications established by regulation pursuant to subsection (b)(2), in order for a tribal member to be hired in an education position to teach courses on tribal culture and language and that subject to subsection (e)(2), a determination by a school board that such a person be hired shall be instituted by the supervisor of the school involved; and
  • 25 U.S.C. § 2012(c)(2)
    Go to provision →
    (2) The Secretary may authorize the temporary employment in an education position of an individual who has not met the certification standards established pursuant to regulations if the Secretary determines that failure to do so would result in that position remaining vacant.
  • 25 U.S.C. § 2012(d)(1)
    Go to provision →
    (1) In prescribing regulations to govern the appointment of educators, the Secretary shall require—
    (I) that educators employed in a Bureau school (other than the supervisor of the school) shall be hired by the supervisor of the school; and
    (II) in a case in which there are no qualified applicants available to fill a vacancy at a Bureau school, the supervisor may consult a list maintained pursuant to subsection (c)(1)(A);
    (ii) each supervisor of a Bureau school shall be hired by the education line officer of the agency office of the Bureau for the jurisdiction in which the school is located;
    (iii) each educator employed in an agency office of the Bureau shall be hired by the superintendent for education of the agency office; and
    (iv) each education line officer and educator employed in the office of the Director of the Office shall be hired by the Director;
    (i) before an individual is employed in an education position in a Bureau school by the supervisor of the school (or, with respect to the position of supervisor, by the appropriate agency education line officer), the local school board for the school shall be consulted; and
    (ii) that a determination by such school board, as evidenced by school board records, that such individual should or should not be so employed shall be instituted by the supervisor (or with respect to the position of supervisor, by the superintendent for education of the agency office);
    (i) before an individual is employed in an education position in an agency or area office of the Bureau, the appropriate agency school board shall be consulted; and
    (ii) a determination by such school board, as evidenced by school board records, that such individual should or should not be employed shall be instituted by the superintendent for education of the agency office; and
    (D) all employment decisions or actions be in compliance with all applicable Federal, State, and tribal laws.
  • 25 U.S.C. § 2012(e)(1)
    Go to provision →
    (1) In promulgating regulations to govern the discharge and conditions of employment of educators, the Secretary shall require—
    (A) that procedures shall be established for the rapid and equitable resolution of grievances of educators;
    (B) that no educator may be discharged without notice of the reasons for the discharge and an opportunity for a hearing under procedures that comport with the requirements of due process; and
    (C) that each educator employed in a Bureau school shall be notified 30 days prior to the end of an academic year whether the employment contract of the individual will be renewed for the following year.
  • 25 U.S.C. § 2012(e)(2)(A)(i)
    Go to provision →
    (i) Except as provided in clause (iii), the supervisor of a Bureau school may discharge (subject to procedures established under paragraph (1)(B)) for cause (as determined under regulations prescribed by the Secretary) any educator employed in such school.
  • 25 U.S.C. § 2012(g)(1)(D)(i)
    Go to provision →
    (i) preclude the use of regulations and procedures used by the Bureau prior to April 28, 1988, in making determinations regarding promotions and advancements through levels of pay that are based on the merit, education, experience, or tenure of the educator; or
  • 25 U.S.C. § 2012(h)
    Go to provision →
    (h) Upon termination of employment with the Bureau, any annual leave remaining to the credit of an individual covered by this section shall be liquidated in accordance with sections 5551(a) and 6306 of title 5, except that leave earned or accrued under regulations promulgated pursuant to subsection (b)(10) shall not be so liquidated.
  • 25 U.S.C. § 2012(i)
    Go to provision →
    (i) In the case of any educator who is transferred, promoted, or reappointed, without break in service, to a position in the Federal Government under a different leave system, any remaining leave to the credit of such person earned or credited under the regulations promulgated pursuant to subsection (b)(10) shall be transferred to such person’s credit in the employing agency on an adjusted basis in accordance with regulations which shall be promulgated by the Office of Personnel Management.
  • 25 U.S.C. § 2016
    Go to provision →
    The Secretary shall prescribe such rules and regulations as are necessary to ensure the constitutional and civil rights of Indian students attending Bureau-funded schools, including such students’ rights to—
  • 25 U.S.C. § 2017(a)(1)
    Go to provision →
    (1) The Secretary may promulgate only such regulations—
    (A) as are necessary to ensure compliance with the specific provisions of this chapter; and
    (B) as the Secretary is authorized to promulgate pursuant to section 2510 of this title.1
  • 25 U.S.C. § 2017(a)(2)
    Go to provision →
    (2) In promulgating the regulations, the Secretary shall—
    (A) publish proposed regulations in the Federal Register; and
    (B) provide a period of not less than 120 days for public comment and consultation on the regulations.
  • 25 U.S.C. § 2017(a)(2)(A)
    Go to provision →
    (A) publish proposed regulations in the Federal Register; and
  • 25 U.S.C. § 2017(a)(2)(B)
    Go to provision →
    (B) provide a period of not less than 120 days for public comment and consultation on the regulations.
  • 25 U.S.C. § 2017(a)(3)
    Go to provision →
    (3) The regulations shall contain, immediately following each regulatory section, a citation to any statutory provision providing authority to promulgate such regulatory section.
  • 25 U.S.C. § 2017(b)
    Go to provision →
    (b) The provisions of this Act shall supersede any conflicting provisions of law (including any conflicting regulations) in effect on the day before the date of enactment of this Act and the Secretary is authorized to repeal any regulation inconsistent with the provisions of this Act.
  • 25 U.S.C. § 2018(a)
    Go to provision →
    (a) Prior to publishing any proposed regulations under subsection (b)(1), and prior to establishing the negotiated rulemaking committee under subsection (b)(3), the Secretary shall convene regional meetings to consult with personnel of the Office of Indian Education Programs, educators at Bureau schools, and tribal officials, parents, teachers, administrators, and school board members of tribes served by Bureau-funded schools to provide guidance to the Secretary on the content of regulations authorized to be promulgated under this chapter and the Tribally Controlled Schools Act of 1988 [25 U.S.C. 2501 et seq.].
  • 25 U.S.C. § 2018(b)(1)
    Go to provision →
    (1) Notwithstanding sections 563(a) and 565(a) of title 5, the Secretary shall promulgate regulations authorized under subsection (a) and under the Tribally Controlled Schools Act of 1988 [25 U.S.C. 2501 et seq.], in accordance with the negotiated rulemaking procedures provided for under subchapter III of chapter 5 of title 5, and shall publish final regulations in the Federal Register.
  • 25 U.S.C. § 2018(b)(2)
    Go to provision →
    (2) If draft regulations implementing this chapter and the Tribally Controlled Schools Act of 1988 [25 U.S.C. 2501 et seq.] are not promulgated in final form within 18 months after January 8, 2002, the Secretary shall notify the appropriate committees of Congress of which draft regulations were not promulgated in final form by the deadline and the reason such final regulations were not promulgated.
  • 25 U.S.C. § 2018(c)(1)
    Go to provision →
    (1) The provisions of this section shall supersede any conflicting regulations in effect on the day before the date of enactment of this chapter, and the Secretary may repeal any regulation that is inconsistent with the provisions of this chapter.
  • 25 U.S.C. § 2018(c)(2)
    Go to provision →
    (2) The Secretary may modify regulations promulgated under this section or the Tribally Controlled Schools Act of 1988 [25 U.S.C. 2501 et seq.], only in accordance with this section.
  • 25 U.S.C. § 2020(g)
    Go to provision →
    (g) A tribe that receives a grant under this section shall comply with regulations relating to grants made under section 5322(a) of this title that are in effect on the date that the tribal governing body submits the application for the grant under subsection (b). The Secretary shall not impose any terms, conditions, or requirements on the provision of grants under this section that are not specified in this section.

Citations to §2021(17)

  • 25 U.S.C. § 2001(b)(1)(B)
    Go to provision →
    (B) Not later than 12 months after January 8, 2002, the Secretary of the Interior and the Secretary of Education shall, in consultation with Indian tribes, Indian education organizations, and accrediting agencies, develop and submit to the appropriate committees of Congress a report on the desirability and feasibility of establishing a tribal accreditation agency that would—
    (i) review and acknowledge the accreditation standards for Bureau-funded schools; and
    (ii) establish accreditation procedures to facilitate the application, review of the standards and review processes, and recognition of qualified and credible tribal departments of education as accrediting bodies serving tribal schools.
  • 25 U.S.C. § 2001(b)(3)(A)
    Go to provision →
    (A) The Secretary, through contracts and grants, shall provide technical and financial assistance to Bureau-funded schools, to the extent that necessary amounts are made available, to enable such schools to obtain the accreditation required under this subsection, if the school boards request that such assistance, in part or in whole, be provided.
  • 25 U.S.C. § 2001(b)(3)(B)
    Go to provision →
    (B) The Secretary may provide such assistance directly or through the Department of Education, an institution of higher education, a private not-for-profit organization or for-profit organization, an educational service agency, or another entity with demonstrated experience in assisting schools in obtaining accreditation.
  • 25 U.S.C. § 2001(b)(5)
    Go to provision →
    (5) Not later than 90 days after the end of each school year, the Secretary shall prepare and submit to the Committee on Appropriations, the Committee on Education and the Workforce, and the Committee on Resources of the House of Representatives and the Committee on Appropriations, the Committee on Indian Affairs, and the Committee on Health, Education, Labor, and Pensions of the Senate, a report concerning unaccredited Bureau-funded schools that—
    (A) identifies those Bureau-funded schools that fail to be accredited or to be candidates for accreditation within the period provided for in paragraph (1);
    (B) with respect to each Bureau-funded school identified under subparagraph (A), identifies the reasons that each such school is not accredited or a candidate for accreditation, as determined by the appropriate accreditation agency, and a description of any possible way in which to remedy such nonaccreditation; and
    (C) with respect to each Bureau-funded school for which the reported reasons for the lack of accreditation under subparagraph (B) are a result of the school’s inadequate basic resources, contains information and funding requests for the full funding needed to provide such schools with accreditation, such funds if provided shall be applied to such unaccredited school under this paragraph.
  • 25 U.S.C. § 2001(b)(6)(A)
    Go to provision →
    (A) Prior to including a Bureau-funded school in an annual report required under paragraph (5), the Secretary shall—
    (i) ensure that the school has exhausted all administrative remedies provided by the accreditation agency; and
    (ii) provide the school with an opportunity to review the data on which such inclusion is based.
  • 25 U.S.C. § 2001(b)(6)(B)
    Go to provision →
    (B) If the school board of a school that the Secretary has proposed for inclusion in an annual report under paragraph (5) believes that such inclusion is in error, the school board may provide to the Secretary such information as the board believes is in conflict with the information and conclusions of the Secretary with respect to the determination to include the school in such annual report. The Secretary shall consider such information provided by the school board before making a final determination concerning the inclusion of the school in any such report.
  • 25 U.S.C. § 2001(b)(6)(C)
    Go to provision →
    (C) Not later than 30 days after making an initial determination to include a school in an annual report under paragraph (5), the Secretary shall make public the final determination on the accreditation status of the school.
  • 25 U.S.C. § 2001(b)(7)(A)
    Go to provision →
    (A) Not later than 120 days after the date on which a school is included in an annual report under paragraph (5), the school shall develop a school plan, in consultation with interested parties including parents, school staff, the school board, and other outside experts (if appropriate), that shall be submitted to the Secretary for approval. The school plan shall cover a 3-year period and shall—
    (i) incorporate strategies that address the specific issues that caused the school to fail to be accredited or fail to be a candidate for accreditation;
    (ii) incorporate policies and practices concerning the school that have the greatest likelihood of ensuring that the school will obtain accreditation during the 3-year period beginning on the date on which the plan is implemented;
    (iii) contain an assurance that the school will reserve the necessary funds, from the funds described in paragraph (3), for each fiscal year for the purpose of obtaining accreditation;
    (iv) specify how the funds described in clause (iii) will be used to obtain accreditation;
    (v) establish specific annual, objective goals for measuring continuous and significant progress made by the school in a manner that will ensure the accreditation of the school within the 3-year period described in clause (ii);
    (vi) identify how the school will provide written notification about the lack of accreditation to the parents of each student enrolled in such school, in a format and, to the extent practicable, in a language the parents can understand; and
    (vii) specify the responsibilities of the school board and any assistance to be provided by the Secretary under paragraph (3).
  • 25 U.S.C. § 2001(b)(7)(A)(vii)
    Go to provision →
    (vii) specify the responsibilities of the school board and any assistance to be provided by the Secretary under paragraph (3).
  • 25 U.S.C. § 2001(b)(7)(C)
    Go to provision →
    (C) Not later than 45 days after receiving a school plan, the Secretary shall—
    (i) establish a peer-review process to assist with the review of the plan; and
    (ii) promptly review the school plan, work with the school as necessary, and approve the school plan if the plan meets the requirements of this paragraph.
  • 25 U.S.C. § 2001(b)(8)(B)
    Go to provision →
    (B) The Secretary shall grant a waiver which shall exempt a school from any or all of the requirements of this paragraph and paragraph (7) (though such school shall be required to comply with the standards contained in part 36 of title 25, Code of Federal Register,2 as in effect on January 8, 2002) if the school—
    (i) is identified in the report described in paragraph (5)(C); and
    (ii) fails to be accredited for reasons that are beyond the control of the school board, as determined by the Secretary, including, but not limited to—
    (I) a significant decline in financial resources;
    (II) the poor condition of facilities, vehicles, or other property; and
    (III) a natural disaster.
  • 25 U.S.C. § 2001(b)(8)(B)(ii)
    Go to provision →
    (ii) fails to be accredited for reasons that are beyond the control of the school board, as determined by the Secretary, including, but not limited to—
    (I) a significant decline in financial resources;
    (II) the poor condition of facilities, vehicles, or other property; and
    (III) a natural disaster.
  • 25 U.S.C. § 2001(b)(8)(C)
    Go to provision →
    (C) After providing assistance to a school under paragraph (3), the Secretary shall—
    (i) annually review the progress of the school under the applicable school plan to determine whether the school is meeting, or making adequate progress toward achieving the goals described in paragraph (7)(A)(v) with respect to reaccreditation or becoming a candidate for accreditation;
    (ii) except as provided in subparagraph (B), continue to provide assistance while implementing the school’s plan, and, if determined appropriate by the Secretary, take corrective action with respect to the school if it fails to be accredited at the end of the third full year immediately following the date that the school’s plan was first in effect under paragraph (7);
    (iii) provide all students enrolled in a school that is eligible for a corrective action determination by the Secretary under clause (ii) with the option to transfer to another public or Bureau-funded school, including a public charter school, that is accredited;
    (iv) promptly notify the parents of children enrolled in a school that is eligible for a corrective action determination by the Secretary under clause (ii) of the option to transfer their child to another public or Bureau-funded school; and
    (v) provide, or pay for the provision of, transportation for each student described in clause (iii) to the school described in clause (iii) to which the student elects to be transferred to the extent funds are available, as determined by the tribal governing body.
  • 25 U.S.C. § 2001(b)(8)(C)(ii)
    Go to provision →
    (ii) except as provided in subparagraph (B), continue to provide assistance while implementing the school’s plan, and, if determined appropriate by the Secretary, take corrective action with respect to the school if it fails to be accredited at the end of the third full year immediately following the date that the school’s plan was first in effect under paragraph (7);
  • 25 U.S.C. § 2001(b)(8)(C)(iii)
    Go to provision →
    (iii) provide all students enrolled in a school that is eligible for a corrective action determination by the Secretary under clause (ii) with the option to transfer to another public or Bureau-funded school, including a public charter school, that is accredited;
  • 25 U.S.C. § 2001(b)(8)(C)(iv)
    Go to provision →
    (iv) promptly notify the parents of children enrolled in a school that is eligible for a corrective action determination by the Secretary under clause (ii) of the option to transfer their child to another public or Bureau-funded school; and
  • 25 U.S.C. § 2001(b)(8)(D)
    Go to provision →
    (D) With respect to a Bureau-operated school that fails to be accredited at the end of the third full year immediately following the date that the school’s plan was first in effect under paragraph (7), the Secretary may take one or more of the following corrective actions:
    (i) Institute and fully implement actions suggested by the accrediting agency.
    (ii) Consult with the tribe involved to determine the causes for the lack of accreditation including potential staffing and administrative changes that are or may be necessary.
    (iii) Set aside a certain amount of funds that may only be used by the school to obtain accreditation.
    (I) Provide the tribe with a 60-day period during which to determine whether the tribe desires to operate the school as a contract or grant school before meeting the accreditation requirements in section 5207(c) of the Tribally Controlled Schools Act of 19881 at the beginning of the next school year following the determination to take corrective action. If the tribe agrees to operate the school as a contract or grant school, the tribe shall prepare a plan, pursuant to paragraph (7), for approval by the Secretary in accordance with paragraph (7), to achieve accreditation.
    (II) If the tribe declines to assume control of the school, the Secretary, in consultation with the tribe, may contract with an outside entity, consistent with applicable law, or appoint a receiver or trustee to operate and administer the affairs of the school until the school is accredited. The outside entity, receiver, or trustee shall prepare a plan, pursuant to paragraph (7), for approval by the Secretary in accordance with paragraph (7).
    (III) Upon accreditation of the school, the Secretary shall allow the tribe to continue to operate the school as a grant or contract school, or if the school is being controlled by an outside entity, provide the tribe with the option to assume operation of the school as a contract school, in accordance with the Indian Self-Determination Act [25 U.S.C. 5321 et seq.], or as a grant school in accordance with the Tribally Controlled Schools Act of 1988 [25 U.S.C. 2501 et seq.], at the beginning of the school year following the school year in which the school obtains accreditation. If the tribe declines, the Secretary may allow the outside entity, receiver, or trustee to continue the operation of the school or reassume control of the school.
  • 25 U.S.C. § 2001(b)(8)(D)(iv)(I)
    Go to provision →
    (I) Provide the tribe with a 60-day period during which to determine whether the tribe desires to operate the school as a contract or grant school before meeting the accreditation requirements in section 5207(c) of the Tribally Controlled Schools Act of 19881 at the beginning of the next school year following the determination to take corrective action. If the tribe agrees to operate the school as a contract or grant school, the tribe shall prepare a plan, pursuant to paragraph (7), for approval by the Secretary in accordance with paragraph (7), to achieve accreditation.
  • 25 U.S.C. § 2001(b)(8)(D)(iv)(II)
    Go to provision →
    (II) If the tribe declines to assume control of the school, the Secretary, in consultation with the tribe, may contract with an outside entity, consistent with applicable law, or appoint a receiver or trustee to operate and administer the affairs of the school until the school is accredited. The outside entity, receiver, or trustee shall prepare a plan, pursuant to paragraph (7), for approval by the Secretary in accordance with paragraph (7).
  • 25 U.S.C. § 2001(b)(8)(D)(iv)(III)
    Go to provision →
    (III) Upon accreditation of the school, the Secretary shall allow the tribe to continue to operate the school as a grant or contract school, or if the school is being controlled by an outside entity, provide the tribe with the option to assume operation of the school as a contract school, in accordance with the Indian Self-Determination Act [25 U.S.C. 5321 et seq.], or as a grant school in accordance with the Tribally Controlled Schools Act of 1988 [25 U.S.C. 2501 et seq.], at the beginning of the school year following the school year in which the school obtains accreditation. If the tribe declines, the Secretary may allow the outside entity, receiver, or trustee to continue the operation of the school or reassume control of the school.
  • 25 U.S.C. § 2001(b)(8)(E)(i)
    Go to provision →
    (i) With respect to a contract or grant school that fails to be accredited at the end of the third full year immediately following the date that the school’s plan was first in effect under paragraph (7), the Secretary may take one or more of the corrective actions described in subparagraph (D)(i) and (D)(ii). The Secretary shall implement such corrective action for at least 1 year prior to taking any action described under clause (ii).
  • 25 U.S.C. § 2001(b)(8)(E)(ii)
    Go to provision →
    (ii) If the corrective action described in clause (i) does not result in accreditation of the school, the Secretary, in conjunction with the tribal governing body, may contract with an outside entity to operate the school in order to achieve accreditation of the school within 2 school years. Prior to entering into such a contract, the Secretary shall develop a proposal for such operation which shall include, at a minimum, the following elements:
    (I) The identification of one or more outside entities each of which has demonstrated to the Secretary its ability to develop a satisfactory plan for achieving accreditation and its willingness and availability to undertake such a plan.
    (II) A plan for implementing operation of the school by such an outside entity, including the methodology for oversight and evaluation of the performance of the outside entity by the Secretary and the tribe.
  • 25 U.S.C. § 2001(b)(8)(E)(ii)(I)
    Go to provision →
    (I) The identification of one or more outside entities each of which has demonstrated to the Secretary its ability to develop a satisfactory plan for achieving accreditation and its willingness and availability to undertake such a plan.
  • 25 U.S.C. § 2001(b)(8)(E)(ii)(II)
    Go to provision →
    (II) A plan for implementing operation of the school by such an outside entity, including the methodology for oversight and evaluation of the performance of the outside entity by the Secretary and the tribe.
  • 25 U.S.C. § 2001(b)(8)(E)(iii)
    Go to provision →
    (iii) The tribal governing body shall have 60 days to amend the plan developed pursuant to clause (ii), including identifying another outside entity to operate the school. The Secretary shall reach agreement with the tribal governing body on the proposal and any such amendments to the plan not later than 30 days after the expiration of the 60-day period described in the preceding sentence. After the approval of the proposal and any amendments, the Secretary, with continuing consultation with such tribal governing body, shall implement the proposal.
  • 25 U.S.C. § 2001(b)(8)(E)(v)
    Go to provision →
    (v) Nothing in this subparagraph shall limit a tribe’s right to retrocede operation of a school to the Secretary pursuant to section 105(e) of the Indian Self-Determination Act [25 U.S.C. 5324(e)] (with respect to a contract school) or section 5204(f) of the Tribally Controlled Schools Act of 19881 (with respect to a grant school).
  • 25 U.S.C. § 2001(b)(8)(E)(vi)
    Go to provision →
    (vi) The provisions of this subparagraph shall be construed to be consistent with the provisions of the Tribally Controlled Schools Act of 1988 [25 U.S.C. 2501 et seq.] and the Indian Self-Determination Act [25 U.S.C. 5321 et seq.] as in effect on the day before January 8, 2002, and shall not be construed as expanding the authority of the Secretary under any other law.
  • 25 U.S.C. § 2001(b)(8)(F)
    Go to provision →
    (F) With respect to a school that is operated pursuant to a grant, or a school that is operated under a contract under the Indian Self-Determination Act [25 U.S.C. 5321 et seq.], prior to implementing any corrective action under this paragraph, the Secretary shall provide notice and an opportunity for a hearing to the affected school pursuant to section 5207 of the Tribally Controlled Schools Act of 1988.1
  • 25 U.S.C. § 2001(c)(1)
    Go to provision →
    (1) Except as provided in subsection (b), the Secretary shall implement the standards in effect under this section1 on the day before January 8, 2002.
  • 25 U.S.C. § 2001(c)(2)
    Go to provision →
    (2) On an annual basis, the Secretary shall submit to the appropriate committees of Congress, all Bureau-funded schools, and the tribal governing bodies of such schools a detailed plan to ensure that all Bureau-funded schools are accredited, or if such schools are in the process of obtaining accreditation that such schools meet the Bureau standards in effect on the day before January 8, 2002, to the extent that such standards do not conflict with the standards of the accrediting agency. Such plan shall include detailed information on the status of each school’s educational program in relation to the applicable standards, specific cost estimates for meeting such standards at each school, and specific timelines for bringing each school up to the level required by such standards.
  • 25 U.S.C. § 2001(d)(3)
    Go to provision →
    (3) The Secretary shall, by regulation, promulgate standards and procedures for the closure, transfer to another authority, consolidation, or substantial curtailment of Bureau schools, in accordance with the requirements of this subsection.
  • 25 U.S.C. § 2001(d)(5)
    Go to provision →
    (5) The Secretary shall submit to the appropriate committees of Congress, the affected tribe, and the designated school board, a report describing the process of the active consideration or review referred to in paragraph (4) that includes—
    (A) a study of the impact of such action on the student population;
    (B) a description of those students with particular educational and social needs;
    (C) recommendations to ensure that alternative services are available to such students; and
    (D) a description of the consultation conducted between the potential service provider, current service provider, parents, tribal representatives and the tribe or tribes involved, and the Director of the Office of Indian Education Programs within the Bureau regarding such students.
  • 25 U.S.C. § 2001(d)(7)
    Go to provision →
    (7) The Secretary shall not terminate, close, consolidate, contract, transfer to another authority, or take any other action relating to an elementary school or secondary school (or any program of such a school) of an Indian tribe without the approval of the governing body of any Indian tribe that would be affected by such an action.
  • 25 U.S.C. § 2001(e)(1)(A)(i)
    Go to provision →
    (i) The Secretary shall consider only the factors described in subparagraph (B) in reviewing—
    (I) applications from any tribe for the awarding of a contract or grant for a school that is not a Bureau-funded school; and
    (II) applications from any tribe or school board of any Bureau-funded school for—
    (aa) a school which is not a Bureau-funded school; or
    (bb) the expansion of a Bureau-funded school which would increase the amount of funds received by the Indian tribe or school board under section 2007 of this title.
  • 25 U.S.C. § 2001(e)(1)(A)(ii)
    Go to provision →
    (ii) With respect to applications described in this subparagraph, the Secretary shall give consideration to all factors described in subparagraph (B), but no such application shall be denied based primarily upon the geographic proximity of comparable public education.
  • 25 U.S.C. § 2001(e)(1)(B)
    Go to provision →
    (B) With respect to applications described in subparagraph (A), the Secretary shall consider the following factors relating to the program and services that are the subject of the application:
    (i) The adequacy of the facilities or the potential to obtain or provide adequate facilities.
    (ii) Geographic and demographic factors in the affected areas.
    (iii) The adequacy of the applicant’s program plans or, in the case of a Bureau-funded school, of projected needs analysis done either by the tribe or the Bureau.
    (iv) Geographic proximity of comparable public education.
    (v) The stated needs of all affected parties, including students, families, tribal governments at both the central and local levels, and school organizations.
    (vi) Adequacy and comparability of programs already available.
    (vii) Consistency of available programs with tribal educational codes or tribal legislation on education.
    (viii) The history and success of those services for the proposed population to be served, as determined from all factors, including standardized examination performance.
  • 25 U.S.C. § 2001(e)(2)(A)
    Go to provision →
    (A) Not later than 180 days after the date on which an application described in paragraph (1)(A) is submitted to the Secretary, the Secretary shall make a determination of whether to approve the application.
  • 25 U.S.C. § 2001(e)(2)(B)
    Go to provision →
    (B) If the Secretary fails to make a determination with respect to an application by the date described in subparagraph (A), the application shall be deemed to have been approved by the Secretary.
  • 25 U.S.C. § 2001(e)(3)(A)
    Go to provision →
    (A) Notwithstanding paragraph (2)(B), an application described in paragraph (1)(A) may be approved by the Secretary only if—
    (i) the application has been approved by the tribal governing body of the students served by (or to be served by) the school or program that is the subject of the application; and
    (ii) written evidence of such approval is submitted with the application.
  • 25 U.S.C. § 2001(e)(4)
    Go to provision →
    (4) If the Secretary denies an application described in paragraph (1)(A), the Secretary shall—
    (A) state the objections to the application in writing to the applicant not later than 180 days after the date the application is submitted to the Secretary;
    (B) provide assistance to the applicant to overcome the stated objections;
    (C) provide to the applicant a hearing on the record regarding the denial, under the same rules and regulations as apply under the Indian Self-Determination and Education Assistance Act [25 U.S.C. 5301 et seq.]; and
    (D) provide to the applicant a notice of the applicant’s appeals rights and an opportunity to appeal the decision resulting from the hearing under subparagraph (D).
  • 25 U.S.C. § 2001(e)(4)(A)
    Go to provision →
    (A) state the objections to the application in writing to the applicant not later than 180 days after the date the application is submitted to the Secretary;
  • 25 U.S.C. § 2001(e)(5)(A)
    Go to provision →
    (A) Except as otherwise provided in this paragraph, an action that is the subject of any application described in paragraph (1)(A) that is approved by the Secretary shall become effective—
    (i) at the beginning of the academic year following the fiscal year in which the application is approved; or
    (ii) at an earlier date determined by the Secretary.
  • 25 U.S.C. § 2001(e)(5)(A)(ii)
    Go to provision →
    (ii) at an earlier date determined by the Secretary.
  • 25 U.S.C. § 2001(e)(5)(B)
    Go to provision →
    (B) If an application is deemed to have been approved by the Secretary under paragraph (2)(B), the action that is the subject of the application shall become effective—
    (i) on the date that is 18 months after the date on which the application is submitted to the Secretary; or
    (ii) at an earlier date determined by the Secretary.
  • 25 U.S.C. § 2001(e)(5)(B)(i)
    Go to provision →
    (i) on the date that is 18 months after the date on which the application is submitted to the Secretary; or
  • 25 U.S.C. § 2001(e)(5)(B)(ii)
    Go to provision →
    (ii) at an earlier date determined by the Secretary.
  • 25 U.S.C. § 2001(e)(6)
    Go to provision →
    (6) Nothing in this section or any other provision of law, shall be construed to preclude the expansion of grades and related facilities at a Bureau-funded school, if such expansion is paid for with non-Bureau funds. Subject to the availability of appropriated funds the Secretary is authorized to provide the necessary funds needed to supplement the cost of operations and maintenance of such expansion.
  • 25 U.S.C. § 2001(h)(2)
    Go to provision →
    (2) Upon completion of the study, the Secretary of the Interior shall take such action as necessary to ensure distribution of the findings of the study to all affected Indian tribes, local school boards, and associations of local school boards.
  • 25 U.S.C. § 2002(a)(1)
    Go to provision →
    (1) The Secretary, in consultation with the Secretary of Education, Indian organizations and tribes, and Bureau-funded schools, 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.
  • 25 U.S.C. § 2002(b)
    Go to provision →
    (b) The Secretary shall implement the revised standards established under this section immediately upon completion of the standards.
  • 25 U.S.C. § 2002(c)(1)
    Go to provision →
    (1) The Secretary shall submit to the appropriate committees of Congress, the tribes, and the affected schools, and publish in the Federal Register, a detailed plan to bring all Bureau-funded schools that provide home-living (dormitory) situations up to the standards established under this section.
  • 25 U.S.C. § 2004(a)
    Go to provision →
    (a) The Secretary shall establish, by regulation, separate geographical attendance areas for each Bureau-funded school.
  • 25 U.S.C. § 2004(b)
    Go to provision →
    (b) In any case where there is more than one Bureau-funded school located on an Indian reservation, at the direction of the tribal governing body, the relevant school boards of the Bureau-funded schools on the reservation may, by mutual consent, establish the relevant attendance areas for such schools, subject to the approval of the tribal governing body. Any such boundaries so established shall be accepted by the Secretary.
  • 25 U.S.C. § 2004(c)(2)
    Go to provision →
    (2) Any tribe may petition the Secretary for revision of existing attendance area boundaries. The Secretary shall accept such proposed alternative or revised boundaries unless the Secretary finds, after consultation with the affected tribe or tribes, 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 shall cause such revisions to be published in the Federal Register.
  • 25 U.S.C. § 2004(d)(1)
    Go to provision →
    (1) The Secretary shall not deny funding to a Bureau-funded school 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.
  • 25 U.S.C. § 2005(a)(4)
    Go to provision →
    (4) Not later than 2 years after January 8, 2002, the Government Accountability Office shall submit the results of the national survey conducted under paragraph (1) to the Committee on Indian Affairs, the Committee on Health, Education, Labor, and Pensions, and the Committee on Appropriations of the Senate and the Committee on Resources, the Committee on Education and the Workforce, and the Committee on Appropriations of the House of Representatives and to the Secretary. The Secretary shall submit the results of the national survey to school boards of Bureau-funded schools and their respective tribes.
  • 25 U.S.C. § 2005(a)(5)(A)
    Go to provision →
    (A) Not later than 6 months after the date on which the submission is made under paragraph (4), the Secretary shall establish a negotiated rulemaking committee pursuant to section 2018(b)(3) of this title. The negotiated rulemaking committee shall prepare and submit to the Secretary the following:
    (i) A catalog of the condition of school facilities at all Bureau-funded schools that—
    (I) incorporates the findings from the Government Accountability Office study evaluating and comparing school systems of the Department of Defense and the Bureau of Indian Affairs;
    (II) rates such facilities with respect to the rate of deterioration and useful life of structures and major systems;
    (III) establishes a routine maintenance schedule for each facility;
    (IV) identifies the complementary educational facilities that do not exist but that are needed; and
    (V) makes projections on the amount of funds needed to keep each school viable, consistent with the accreditation standards required pursuant to this Act.
    (ii) A school replacement and new construction report that determines replacement and new construction need, and a formula for the equitable distribution of funds to address such need, for Bureau-funded schools. Such formula shall utilize necessary factors in determining an equitable distribution of funds, including—
    (I) the size of school;
    (II) school enrollment;
    (III) the age of the school;
    (IV) the condition of the school;
    (V) environmental factors at the school; and
    (VI) school isolation.
    (iii) A renovation repairs report that determines renovation need (major and minor), and a formula for the equitable distribution of funds to address such need, for Bureau-funded schools. Such report shall identify needed repairs or renovations with respect to a facility, or a part of a facility, or the grounds of the facility, to remedy a need based on disabilities access or health and safety changes to a facility. The formula developed shall utilize necessary factors in determining an equitable distribution of funds, including the factors described in clause (ii).
  • 25 U.S.C. § 2005(a)(6)
    Go to provision →
    (6) The Secretary shall develop a Facilities Information Systems Support Database to maintain and update the information contained in the reports under clauses (ii) and (iii) of paragraph (5)(A) and the information contained in the survey conducted under paragraph (1). The system shall be updated every 3 years by the Bureau of Indian Affairs and monitored by Government Accountability Office, and shall be made available to school boards of Bureau-funded schools and their respective tribes, and Congress.
  • 25 U.S.C. § 2005(b)(1)
    Go to provision →
    (1) The Secretary shall immediately begin to bring all schools, dormitories, and other Indian education-related facilities operated by the Bureau or under contract or grant with the Bureau, into compliance with—
    (A) all applicable tribal, Federal, or State health and safety standards, whichever provides greater protection (except that the tribal standards to be applied shall be no greater than any otherwise applicable Federal or State standards);
    (B) section 794 of title 29; and
    (C) the Americans with Disabilities Act of 1990 [42 U.S.C. 12101 et seq.].
  • 25 U.S.C. § 2005(c)
    Go to provision →
    (c) At the time that the annual budget request for Bureau educational services is presented, the Secretary shall submit to the appropriate committees of Congress a detailed plan to bring all facilities covered under subsection (a) into compliance with the standards referred to in that subsection that includes—
    (1) detailed information on the status of each facility’s compliance with such standards;
    (2) specific cost estimates for meeting such standards at each school; and
    (3) specific timelines for bringing each school into compliance with such standards.
  • 25 U.S.C. § 2005(d)(1)
    Go to provision →
    (1) On an annual basis, the Secretary shall submit to the appropriate committees of Congress and cause to be published in the Federal Register, the system used to establish priorities for replacement and construction projects for Bureau-funded schools and home-living schools, including boarding schools and dormitories. At the time any budget request for education is presented, the Secretary shall publish in the Federal Register and submit with the budget request the current list of all Bureau-funded school construction priorities.
  • 25 U.S.C. § 2005(d)(2)
    Go to provision →
    (2) In addition to the plan submitted under subsection (c), the Secretary shall—
    (A) not later than 18 months after January 8, 2002, establish a long-term construction and replacement list for all Bureau-funded schools;
    (B) using the list prepared under subparagraph (A), propose a list for the orderly replacement of all Bureau-funded education-related facilities over a period of 40 years to enable planning and scheduling of budget requests;
    (C) cause the list prepared under subparagraph (B) to be published in the Federal Register and allow a period of not less than 120 days for public comment;
    (D) make such revisions to the list prepared under subparagraph (B) as are appropriate based on the comments received; and
    (E) cause the final list to be published in the Federal Register.
  • 25 U.S.C. § 2005(e)(1)(G)
    Go to provision →
    (G) If a Bureau-funded school is temporarily closed or consolidated or the programs of a Bureau-funded school are temporarily substantially curtailed under this subsection and the Secretary determines that the closure, consolidation, or curtailment will exceed 1 year, the Secretary shall submit to the appropriate committees of Congress, the affected tribe, and the local school board, not later than 90 days after the date on which the closure, consolidation, or curtailment was initiated, a report that specifies—
    (i) the reasons for such temporary action;
    (ii) the actions the Secretary is taking to eliminate the conditions that constitute the hazard;
    (iii) an estimated date by which the actions described in clause (ii) will be concluded; and
    (iv) a plan for providing alternate education services for students enrolled at the school that is to be closed.
  • 25 U.S.C. § 2005(e)(1)(G)(ii)
    Go to provision →
    (ii) the actions the Secretary is taking to eliminate the conditions that constitute the hazard;
  • 25 U.S.C. § 2005(e)(2)(A)
    Go to provision →
    (A) The Secretary shall permit the local school board to temporarily utilize facilities adjacent to the school, or satellite facilities, if such facilities are suitable for conducting classroom activities. In permitting the use of facilities under the preceding sentence, the Secretary may waive applicable minor standards under section 2001 of this title relating to such facilities (such as the required number of exit lights or configuration of restrooms) so long as such waivers do not result in the creation of an environment that constitutes an immediate and substantial threat to the health, safety, and life of students and staff.
  • 25 U.S.C. § 2006(a)
    Go to provision →
    (a) The Secretary shall vest in the Assistant Secretary for Indian Affairs all functions with respect to formulation and establishment of policy and procedure and supervision of programs and expenditures of Federal funds for the purpose of Indian education administered by the Bureau. The Assistant Secretary shall carry out such functions through the Director of the Office of Indian Education Programs.
  • 25 U.S.C. § 2006(b)(2)
    Go to provision →
    (2) The Assistant Secretary for Indian Affairs shall, not later than 180 days after January 8, 2002, coordinate the transfer of functions relating to procurements for, contracts of, operation of, and maintenance of schools and other support functions to the Director.
  • 25 U.S.C. § 2006(c)
    Go to provision →
    (c) For purposes of this Act, all functions relating to education that are located at the Area or Agency level and performed by an education line officer shall be subject to contract under the Indian Self-Determination and Education Assistance Act [25 U.S.C. 5301 et seq.], unless determined by the Secretary to be inherently Federal functions as defined in section 2021(12) of this title.
  • 25 U.S.C. § 2006(e)(1)
    Go to provision →
    (1) The Assistant Secretary shall submit as part of the annual budget a plan—
    (A) for school facilities to be constructed under section 2005(c) of this title;
    (B) for establishing priorities among projects and for the improvement and repair of educational facilities, which together shall form the basis for the distribution of appropriated funds; and
    (C) for capital improvements to be made over the 5 succeeding years.
  • 25 U.S.C. § 2006(e)(2)(A)
    Go to provision →
    (A) The Assistant Secretary shall establish a program, including the distribution of appropriated funds, for the operation and maintenance of education facilities. Such program shall include—
    (i) a method of computing the amount necessary for each educational facility;
    (ii) similar treatment of all Bureau-funded schools;
    (iii) a notice of an allocation of appropriated funds from the Director of the Office of Indian Education Programs directly to the education line officers and appropriate school officials;
    (iv) a method for determining the need for, and priority of, facilities repair and maintenance projects, both major and minor (to be determined, through the conduct by the Assistant Secretary, of a series of meetings at the agency and area level with representatives of the Bureau-funded schools in those areas and agencies to receive comment on the lists and prioritization of such projects); and
    (v) a system for the conduct of routine preventive maintenance.
  • 25 U.S.C. § 2006(e)(2)(A)(iv)
    Go to provision →
    (iv) a method for determining the need for, and priority of, facilities repair and maintenance projects, both major and minor (to be determined, through the conduct by the Assistant Secretary, of a series of meetings at the agency and area level with representatives of the Bureau-funded schools in those areas and agencies to receive comment on the lists and prioritization of such projects); and
  • 25 U.S.C. § 2007(a)(1)
    Go to provision →
    (1) The Secretary shall establish, by regulation adopted in accordance with section 2017 of this title, a formula for determining the minimum annual amount of funds necessary to sustain each Bureau-funded school. In establishing such formula, the Secretary shall consider—
    (A) the number of eligible Indian students served and total student population of the school;
    (B) special cost factors, such as—
    (i) the isolation of the school;
    (ii) the need for special staffing, transportation, or educational programs;
    (iii) food and housing costs;
    (iv) maintenance and repair costs associated with the physical condition of the educational facilities;
    (v) special transportation and other costs of isolated and small schools;
    (vi) the costs of home-living (dormitory) arrangements, where determined necessary by a tribal governing body or designated school board;
    (vii) costs associated with greater lengths of service by education personnel;
    (viii) the costs of therapeutic programs for students requiring such programs; and
    (ix) special costs for gifted and talented students;
    (C) the cost of providing academic services which are at least equivalent to those provided by public schools in the State in which the school is located;
    (D) whether the available funding will enable the school involved to comply with the accreditation standards applicable to the school under section 2001 of this title; and
    (E) such other relevant factors as the Secretary determines are appropriate.
  • 25 U.S.C. § 2007(a)(1)(E)
    Go to provision →
    (E) such other relevant factors as the Secretary determines are appropriate.
  • 25 U.S.C. § 2007(a)(2)(A)
    Go to provision →
    (A) Upon the establishment of the standards required in section 2002 of this title, the Secretary shall revise the formula established under this subsection to reflect the cost of funding such standards.
  • 25 U.S.C. § 2007(a)(2)(B)
    Go to provision →
    (B) Not later than January 1, 2003, the Secretary shall review the formula established under this section and shall take such steps as are necessary to increase the availability of counseling and therapeutic programs for students in off-reservation home-living (dormitory) schools and other Bureau-operated residential facilities.
  • 25 U.S.C. § 2007(a)(2)(C)
    Go to provision →
    (C) Concurrent with such action, the Secretary shall review the standards established under section 2002 of this title to be certain that adequate provision is made for parental notification regarding, and consent for, such counseling and therapeutic programs.
  • 25 U.S.C. § 2007(c)(1)
    Go to provision →
    (1) For fiscal year 2003, and for each subsequent fiscal year, the Secretary shall adjust the formula established under subsection (a) to ensure that the formula does the following:
    (A) Uses a weighted unit of 1.2 for each eligible Indian student enrolled in the seventh and eighth grades of the school in considering the number of eligible Indian students served by the school.
    (B) Considers a school with an enrollment of less than 50 eligible Indian students as having an average daily attendance of 50 eligible Indian students for purposes of implementing the adjustment factor for small schools.
    (C) Takes into account the provision of residential services on less than a 9-month basis at a school when the school board and supervisor of the school determine that a less than 9-month basis will be implemented for the school year involved.
    (D) Uses a weighted unit of 2.0 for each eligible Indian student that—
    (i) is gifted and talented; and
    (ii) is enrolled in the school on a full-time basis,
    in considering the number of eligible Indian students served by the school.
    (E) Uses a weighted unit of 0.25 for each eligible Indian student who is enrolled in a year-long credit course in an Indian or Native language as part of the regular curriculum of a school, in considering the number of eligible Indian students served by such school. The adjustment required under this subparagraph shall be used for such school after—
    (i) the certification of the Indian or Native language curriculum by the school board of such school to the Secretary, together with an estimate of the number of full-time students expected to be enrolled in the curriculum in the second school year for which the certification is made; and
    (ii) the funds appropriated for allotment under this section are designated by the appropriations Act appropriating such funds as the amount necessary to implement such adjustment at such school without reducing allotments made under this section to any school by virtue of such adjustment.
  • 25 U.S.C. § 2007(c)(1)(E)(i)
    Go to provision →
    (i) the certification of the Indian or Native language curriculum by the school board of such school to the Secretary, together with an estimate of the number of full-time students expected to be enrolled in the curriculum in the second school year for which the certification is made; and
  • 25 U.S.C. § 2007(d)(1)
    Go to provision →
    (1) The Secretary shall reserve from the funds available for distribution for each fiscal year under this section an amount that, in the aggregate, equals 1 percent of the funds available for such purpose for that fiscal year, to be used, at the discretion of the Director of the Office of Indian Education Programs, to meet emergencies and unforeseen contingencies affecting the education programs funded under this section.
  • 25 U.S.C. § 2007(d)(4)
    Go to provision →
    (4) When the Secretary makes funds available under this subsection, the Secretary shall report such action to the appropriate committees of Congress within the annual budget submission.
  • 25 U.S.C. § 2007(g)(2)
    Go to provision →
    (2) The Secretary may permit the attendance at a Bureau school of a student who is not an eligible Indian student if—
    (A) the Secretary determines that the student’s attendance will not adversely affect the school’s program for eligible Indian students because of cost, overcrowding, or violation of standards or accreditation;
    (B) the school board consents;
    (C) the student is a dependent of a Bureau, Indian Health Service, or tribal government employee who lives on or near the school site; or
    (D) tuition is paid for the student that is not more than the tuition charged by the nearest public school district for out-of-district students and shall be in addition to the school’s allocation under this section.
  • 25 U.S.C. § 2007(g)(2)(A)
    Go to provision →
    (A) the Secretary determines that the student’s attendance will not adversely affect the school’s program for eligible Indian students because of cost, overcrowding, or violation of standards or accreditation;
  • 25 U.S.C. § 2007(h)
    Go to provision →
    (h) Notwithstanding any other provision of law, at the election of the school board of a Bureau school made at any time during the fiscal year, a portion equal to not more than 15 percent of the funds allocated with respect to a school under this section for any fiscal year shall remain available to the school for expenditure without fiscal year limitation. The Assistant Secretary shall take such steps as are necessary to implement this subsection.
  • 25 U.S.C. § 2008(b)(1)
    Go to provision →
    (1) Subject to the availability of funds, the Secretary shall provide grants to each tribe or tribal organization operating a contract school or grant school in the amount determined under this section with respect to the tribe or tribal organization for the purpose of paying the administrative and indirect costs incurred in operating contract or grant schools, provided that no school operated as a stand-alone institution shall receive less than $200,000 per year for these purposes, in order to—
    (A) enable tribes and tribal organizations operating such schools, without reducing direct program services to the beneficiaries of the program, to provide all related administrative overhead services and operations necessary to meet the requirements of law and prudent management practice; and
    (B) carry out other necessary support functions which would otherwise be provided by the Secretary or other Federal officers or employees, from resources other than direct program funds, in support of comparable Bureau-operated programs.
  • 25 U.S.C. § 2008(b)(1)(B)
    Go to provision →
    (B) carry out other necessary support functions which would otherwise be provided by the Secretary or other Federal officers or employees, from resources other than direct program funds, in support of comparable Bureau-operated programs.
  • 25 U.S.C. § 2008(c)(2)
    Go to provision →
    (2) The Secretary shall—
    (A) reduce the amount of the grant determined under paragraph (1) to the extent that payments for administrative costs are actually received by an Indian tribe or tribal organization under any Federal education program included in the direct cost base of the tribe or tribal organization; and
    (B) take such actions as may be necessary to be reimbursed by any other department or agency of the Federal Government for the portion of grants made under this section for the costs of administering any program for Indians that is funded by appropriations made to such other department or agency.
  • 25 U.S.C. § 2008(h)
    Go to provision →
    (h) In applying this section and section 106 of the Indian Self-Determination and Education Assistance Act [25 U.S.C. 5325] with respect to an Indian tribe or tribal organization that—
    (1) receives funds under this section for administrative costs incurred in operating a contract or grant school or a school operated under the Tribally Controlled Schools Act of 1988 [25 U.S.C. 2501 et seq.]; and
    (2) operates one or more other programs under a contract or grant provided under the Indian Self-Determination and Education Assistance Act [25 U.S.C. 5301 et seq.],
    the Secretary shall ensure that the Indian tribe or tribal organization is provided with the full amount of the administrative costs that are associated with operating the contract or grant school, and of the indirect costs, that are associated with all of such other programs, except that funds appropriated for implementation of this section shall be used only to supply the amount of the grant required to be provided by this section.
  • 25 U.S.C. § 2008(i)(6)
    Go to provision →
    (6) The Secretary shall include in the Bureau’s justification for each appropriations request beginning in the first fiscal year after the completion of the studies conducted under paragraph (1), a projection of the overall costs associated with the formula set forth in subsection (c) for all tribal elementary or secondary education programs which the Secretary expects to be funded in the fiscal year for which the appropriations are sought.
  • 25 U.S.C. § 2008(j)(2)
    Go to provision →
    (2) If the total amount of funds necessary to provide grants to tribes and tribal organizations in the amounts determined under subsection (c) for a fiscal year exceeds the amount of funds appropriated to carry out this section for such fiscal year, the Secretary shall reduce the amount of each grant determined under subsection (c) for such fiscal year by an amount that bears the same relationship to such excess as the amount of such grants determined under subsection (c) bears to the total of all grants determined under subsection (c) section1 for all tribes and tribal organizations for such fiscal year.
  • 25 U.S.C. § 2008(l)(1)
    Go to provision →
    (1) Beginning with President’s2 annual budget request under section 1105 of title 31 for fiscal year 2002, and with respect to each succeeding budget request, at the discretion of the Secretary, the Secretary shall submit to the appropriate committees of Congress information and funding requests for the full funding of administrative costs grants required to be paid under this section.
  • 25 U.S.C. § 2009(a)
    Go to provision →
    (a) Not later than 1 year after January 8, 2002, the Secretary shall establish within the Office of Indian Education Programs a Division of Budget Analysis (hereafter in this section referred to as the “Division”). Such Division shall be under the direct supervision and control of the Director of the Office.
  • 25 U.S.C. § 2009(c)
    Go to provision →
    (c) Not later than the date on which the Assistant Secretary for Indian Affairs makes the annual budget submission, for each fiscal year after January 8, 2002, the Director of the Office shall submit to the appropriate committees of Congress (including the Appropriations committees), all Bureau-funded schools, and the tribal governing bodies of such schools, a report that contains—
    (1) projections, based upon the information gathered pursuant to subsection (b) and any other relevant information, of amounts necessary to provide Indian students in Bureau-funded schools the educational program set forth in this chapter;
    (2) a description of the methods and formulas used to calculate the amounts projected pursuant to paragraph (1); and
    (3) such other information as the Director of the Office considers appropriate.
  • 25 U.S.C. § 2009(d)
    Go to provision →
    (d) The Director of the Office and the Assistant Secretary for Indian Affairs shall use the annual report required by subsection (c) when preparing annual budget submissions.
  • 25 U.S.C. § 2010(a)(1)
    Go to provision →
    (1) The Secretary shall establish, by regulation adopted in accordance with section 2016 of this title, a system for the direct funding and support of all Bureau-funded schools. Such system shall allot funds in accordance with section 2007 of this title. All amounts appropriated for distribution in accordance with this section shall be made available in accordance with paragraph (2).
  • 25 U.S.C. § 2010(a)(2)(A)(i)
    Go to provision →
    (i) shall become available for obligation by the affected schools on July 1 of the fiscal year for which such allotments are appropriated without further action by the Secretary; and
  • 25 U.S.C. § 2010(a)(2)(B)
    Go to provision →
    (B) The Secretary shall, on the basis of the amounts appropriated as described in this paragraph—
    (i) publish, not later than July 1 of the fiscal year for which the amounts are appropriated, information indicating the amount of the allotments to be made to each affected school under section 2007 of this title, of 80 percent of such appropriated amounts; and
    (ii) publish, not later than September 30 of such fiscal year, information indicating the amount of the allotments to be made under section 2007 of this title, from the remaining 20 percent of such appropriated amounts, adjusted to reflect the actual student attendance.
  • 25 U.S.C. § 2010(a)(2)(C)
    Go to provision →
    (C) Any overpayments made to tribal schools shall be returned to the Secretary not later than 30 days after the final determination that the school was overpaid pursuant to this section.
  • 25 U.S.C. § 2010(a)(3)(B)
    Go to provision →
    (B) Not later than 6 months after January 8, 2002, the Secretary shall send notice of the provisions of this paragraph to each supervisor of a Bureau school and associated school board chairperson, the education line officer of each agency and area, and the Bureau division in charge of procurement, at both the local and national levels.
  • 25 U.S.C. § 2010(a)(4)(A)
    Go to provision →
    (A) to fund allotments under section 2007 of this title, the Secretary, notwithstanding any other law, may use—
    (i) funds appropriated for the operation of any Bureau-funded school that is closed or consolidated; and
    (ii) funds appropriated for any program that has been curtailed at any Bureau school; and
  • 25 U.S.C. § 2010(a)(4)(B)
    Go to provision →
    (B) the Secretary may waive the application of the provisions of section 2001(h) of this title with respect to the closure or consolidation of a school, or the curtailment of a program at a school, during such fiscal year if the funds described in clauses (i) and (ii) of subparagraph (A) with respect to such school are used to fund allotments made under section 2007 of this title for such fiscal year.
  • 25 U.S.C. § 2010(c)
    Go to provision →
    (c) The Secretary may approve applications for funding tribal divisions of education and developing tribal codes of education, from funds made available pursuant to section 5322(a) of this title.
  • 25 U.S.C. § 2010(d)
    Go to provision →
    (d) In carrying out this section, a local school board may request technical assistance and training from the Secretary, and the Secretary shall, to the maximum extent practicable, provide those services and make appropriate provisions in the budget of the Office for the provision of those services.
  • 25 U.S.C. § 2010(e)(1)(C)
    Go to provision →
    (C) The Assistant Secretary for Indian Affairs shall provide for the use of any such school facility during any summer in which such use is requested.
  • 25 U.S.C. § 2010(e)(3)
    Go to provision →
    (3) The Assistant Secretary for Indian Affairs, acting through the Director of the Office, shall—
    (A) provide technical assistance and coordination for any program described in paragraph (1); and
    (B) to the extent practicable, encourage the coordination of such programs with any other summer programs that might benefit Indian youth, regardless of the funding source or administrative entity of any such program.
  • 25 U.S.C. § 2010(f)(1)(A)
    Go to provision →
    (A) From funds allotted to a Bureau school under section 2007 of this title, the Secretary shall, if specifically requested by the appropriate tribal governing body, implement a cooperative agreement that is entered into between the tribe, the Bureau, the local school board, and a local public school district that meets the requirements of paragraph (2) and involves the school.
  • 25 U.S.C. § 2011(a)
    Go to provision →
    (a) It shall be the policy of the United States acting through the Secretary, in carrying out the functions of the Bureau, to facilitate Indian control of Indian affairs in all matters relating to education.
  • 25 U.S.C. § 2011(b)(1)
    Go to provision →
    (1) All actions under this Act shall be done with active consultation with tribes. The United States acting through the Secretary and tribes shall work in a government-to-government relationship to ensure quality education for all tribal members.
  • 25 U.S.C. § 2011(b)(2)(B)(i)
    Go to provision →
    (i) to present issues (including proposals regarding changes in current practices or programs) that will be considered for future action by the Secretary; and
  • 25 U.S.C. § 2011(b)(2)(B)(ii)
    Go to provision →
    (ii) to participate and discuss the options presented, or to present alternatives, with the views and concerns of the interested parties given effect unless the Secretary determines, from information available from or presented by the interested parties during one or more of the discussions and deliberations, that there is a substantial reason for another course of action.
  • 25 U.S.C. § 2011(b)(2)(C)
    Go to provision →
    (C) The Secretary shall submit to any Member of Congress, within 18 days of the receipt of a written request by such Member, a written explanation of any decision made by the Secretary which is not consistent with the views of the interested parties described in subparagraph (B).
  • 25 U.S.C. § 2012(b)
    Go to provision →
    (b) Not later than 60 days after January 8, 2002, the Secretary shall prescribe regulations to carry out this section. Such regulations shall provide for—
    (1) the establishment of education positions;
    (2) the establishment of qualifications for educators and education personnel;
    (3) the fixing of basic compensation for educators and education positions;
    (4) the appointment of educators;
    (5) the discharge of educators;
    (6) the entitlement of educators to compensation;
    (7) the payment of compensation to educators;
    (8) the conditions of employment of educators;
    (9) the leave system for educators;
    (10) the annual leave and sick leave for educators;
    (11) the length of the school year applicable to education positions described in subsection (a); and
    (12) such additional matters as may be appropriate.
  • 25 U.S.C. § 2012(c)(1)
    Go to provision →
    (1) In prescribing regulations to govern the qualifications of educators, the Secretary shall require that—
    (A) lists of qualified and interviewed applicants for education positions be maintained in each agency and area office of the Bureau from among individuals who have applied at the agency or area level for an education position or who have applied at the national level and have indicated in such application an interest in working in certain areas or agencies;
    (B) a local school board shall have the authority to waive on a case-by-case basis, any formal education or degree qualifications established by regulation pursuant to subsection (b)(2), in order for a tribal member to be hired in an education position to teach courses on tribal culture and language and that subject to subsection (e)(2), a determination by a school board that such a person be hired shall be instituted by the supervisor of the school involved; and
    (C) that1 it shall not be a prerequisite to the employment of an individual in an education position at the local level that—
    (i) such individual’s name appear on a list maintained pursuant to subparagraph (A); or
    (ii) such individual have applied at the national level for an education position.
  • 25 U.S.C. § 2012(c)(2)
    Go to provision →
    (2) The Secretary may authorize the temporary employment in an education position of an individual who has not met the certification standards established pursuant to regulations if the Secretary determines that failure to do so would result in that position remaining vacant.
  • 25 U.S.C. § 2012(d)(1)
    Go to provision →
    (1) In prescribing regulations to govern the appointment of educators, the Secretary shall require—
    (I) that educators employed in a Bureau school (other than the supervisor of the school) shall be hired by the supervisor of the school; and
    (II) in a case in which there are no qualified applicants available to fill a vacancy at a Bureau school, the supervisor may consult a list maintained pursuant to subsection (c)(1)(A);
    (ii) each supervisor of a Bureau school shall be hired by the education line officer of the agency office of the Bureau for the jurisdiction in which the school is located;
    (iii) each educator employed in an agency office of the Bureau shall be hired by the superintendent for education of the agency office; and
    (iv) each education line officer and educator employed in the office of the Director of the Office shall be hired by the Director;
    (i) before an individual is employed in an education position in a Bureau school by the supervisor of the school (or, with respect to the position of supervisor, by the appropriate agency education line officer), the local school board for the school shall be consulted; and
    (ii) that a determination by such school board, as evidenced by school board records, that such individual should or should not be so employed shall be instituted by the supervisor (or with respect to the position of supervisor, by the superintendent for education of the agency office);
    (i) before an individual is employed in an education position in an agency or area office of the Bureau, the appropriate agency school board shall be consulted; and
    (ii) a determination by such school board, as evidenced by school board records, that such individual should or should not be employed shall be instituted by the superintendent for education of the agency office; and
    (D) all employment decisions or actions be in compliance with all applicable Federal, State, and tribal laws.
  • 25 U.S.C. § 2012(d)(2)(B)
    Go to provision →
    (B) If such individual is employed at the local level, such individual’s name shall be immediately forwarded to the Secretary, who shall, as soon as practicable but in no event in more than 30 days, ascertain the accuracy of the statement made by such individual pursuant to subparagraph (A).
  • 25 U.S.C. § 2012(d)(2)(C)
    Go to provision →
    (C) Notwithstanding subsection (e), if the individual’s statement is found to have been false, such individual, at the Secretary’s discretion, may be disciplined or discharged.
  • 25 U.S.C. § 2012(d)(2)(D)
    Go to provision →
    (D) If the individual has applied at the national level for an education position in the Bureau, the appointment of such individual at the local level shall be conditional for a period of 90 days, during which period the Secretary may appoint a more qualified individual (as determined by the Secretary) from the list maintained at the national level pursuant to subsection (c)(1)(A)(ii)2 to the position to which such individual was appointed.
  • 25 U.S.C. § 2012(e)(1)
    Go to provision →
    (1) In promulgating regulations to govern the discharge and conditions of employment of educators, the Secretary shall require—
    (A) that procedures shall be established for the rapid and equitable resolution of grievances of educators;
    (B) that no educator may be discharged without notice of the reasons for the discharge and an opportunity for a hearing under procedures that comport with the requirements of due process; and
    (C) that each educator employed in a Bureau school shall be notified 30 days prior to the end of an academic year whether the employment contract of the individual will be renewed for the following year.
  • 25 U.S.C. § 2012(e)(2)(A)(i)
    Go to provision →
    (i) Except as provided in clause (iii), the supervisor of a Bureau school may discharge (subject to procedures established under paragraph (1)(B)) for cause (as determined under regulations prescribed by the Secretary) any educator employed in such school.
  • 25 U.S.C. § 2012(g)(1)(A)
    Go to provision →
    (A) Except as otherwise provided in this section, the Secretary shall establish the compensation or annual salary rate for educators and education positions—
    (i) at rates in effect under the General Schedule for individuals with comparable qualifications, and holding comparable positions, to whom chapter 51 of title 5 is applicable; or
    (ii) on the basis of the Federal Wage System schedule in effect for the locality involved, and for the comparable positions, at the rates of compensation in effect for the senior executive service.
  • 25 U.S.C. § 2012(g)(1)(B)(i)
    Go to provision →
    (i) The Secretary shall establish the rate of compensation, or annual salary rate, for the positions of teachers and counselors (including dormitory counselors and home-living counselors) at the rate of compensation applicable (on January 8, 2002, and thereafter) for comparable positions in the overseas schools under the Defense Department Overseas Teachers Pay and Personnel Practices Act [20 U.S.C. 901 et seq.].
  • 25 U.S.C. § 2012(g)(1)(B)(ii)
    Go to provision →
    (ii) The Secretary shall allow the local school boards involved authority to implement only the aspects of the Defense Department Overseas Teachers Pay and Personnel Practices Act pay provisions that are considered essential for recruitment and retention of teachers and counselors. Implementation of such provisions shall not be construed to require the implementation of that entire Act.
  • 25 U.S.C. § 2012(g)(2)(A)
    Go to provision →
    (A) The Secretary may pay a post differential rate, not to exceed 25 percent of the rate of compensation, for educators or education positions, on the basis of conditions of environment or work that warrant additional pay, as a recruitment and retention incentive.
  • 25 U.S.C. § 2012(g)(2)(B)(i)
    Go to provision →
    (i) Except as provided in clause (ii), on the request of the supervisor and the local school board of a Bureau school, the Secretary shall grant the supervisor of the school authorization to provide one or more post differential rates under subparagraph (A).
  • 25 U.S.C. § 2012(g)(2)(B)(ii)
    Go to provision →
    (ii) The Secretary shall disapprove, or approve with a modification, a request for authorization to provide a post differential rate if the Secretary determines for clear and convincing reasons (and advises the board in writing of those reasons) that the rate should be disapproved or decreased because the disparity of compensation between the appropriate educators or positions in the Bureau school, and the comparable educators or positions at the nearest public school, is—
    (aa) at least 5 percent; or
    (bb) less than 5 percent; and
    (II) does not affect the recruitment or retention of employees at the school.
  • 25 U.S.C. § 2012(g)(2)(B)(iii)
    Go to provision →
    (iii) A request made under clause (i) shall be considered to be approved at the end of the 60th day after the request is received in the Central Office of the Bureau unless before that time the request is approved, approved with a modification, or disapproved by the Secretary.
  • 25 U.S.C. § 2012(g)(2)(B)(iv)
    Go to provision →
    (iv) The Secretary or the supervisor of a Bureau school may discontinue or decrease a post differential rate provided for under this paragraph at the beginning of an academic year if—
    (I) the local school board requests that such differential be discontinued or decreased; or
    (II) the Secretary or the supervisor, respectively, determines for clear and convincing reasons (and advises the board in writing of those reasons) that there is no disparity of compensation that would affect the recruitment or retention of employees at the school after the differential is discontinued or decreased.
  • 25 U.S.C. § 2012(g)(2)(B)(iv)(II)
    Go to provision →
    (II) the Secretary or the supervisor, respectively, determines for clear and convincing reasons (and advises the board in writing of those reasons) that there is no disparity of compensation that would affect the recruitment or retention of employees at the school after the differential is discontinued or decreased.
  • 25 U.S.C. § 2012(g)(2)(B)(v)
    Go to provision →
    (v) On or before February 1 of each year, the Secretary shall submit to Congress a report describing the requests and approvals of authorization made under this paragraph during the previous year and listing the positions receiving post differential rates under contracts entered into under those authorizations.
  • 25 U.S.C. § 2012(l)(1)
    Go to provision →
    (1) Notwithstanding section 1342 of title 31, the Secretary may, subject to the approval of the local school board concerned, accept voluntary services on behalf of Bureau schools.
  • 25 U.S.C. § 2012(m)(1)(A)
    Go to provision →
    (A) Notwithstanding any other provision of law, including laws relating to dual compensation, the Secretary, at the election of the employee, shall prorate the salary of an employee employed in an education position for the academic school year over the entire 12-month period.
  • 25 U.S.C. § 2012(n)(1)(A)
    Go to provision →
    (A) Notwithstanding any other provision of law, the Secretary may provide, for each Bureau area, a stipend in lieu of overtime premium pay or compensatory time off.
  • 25 U.S.C. § 2012(r)
    Go to provision →
    (r) The Secretary is authorized to provide annual stipends to teachers who become certified by the National Board of Professional Teaching Standards, the National Council on Teacher Quality, or other nationally recognized certification or credentialing organizations.
  • 25 U.S.C. § 2013(a)
    Go to provision →
    (a) Not later than 12 months after January 8, 2002, the Secretary shall update the computerized management information system within the Office. The information to be updated shall include information regarding—
    (1) student enrollment;
    (2) curricula;
    (3) staffing;
    (4) facilities;
    (5) community demographics;
    (6) student assessment information;
    (7) information on the administrative and program costs attributable to each Bureau program, divided into discrete elements;
    (8) relevant reports;
    (9) personnel records;
    (10) finance and payroll; and
    (11) such other items as the Secretary determines to be appropriate.
  • 25 U.S.C. § 2013(a)(11)
    Go to provision →
    (11) such other items as the Secretary determines to be appropriate.
  • 25 U.S.C. § 2013(b)
    Go to provision →
    (b) Not later than July 1, 2003, the Secretary shall complete the implementation of the updated computerized management information system at each Bureau field office and Bureau-funded school.
  • 25 U.S.C. § 2014
    Go to provision →
    The Secretary shall institute a policy for the recruitment of qualified Indian educators and a detailed plan to promote employees from within the Bureau. Such plan shall include opportunities for acquiring work experience prior to actual work assignment.
  • 25 U.S.C. § 2015(a)
    Go to provision →
    (a) The Secretary shall submit to each appropriate committee of Congress, all Bureau-funded schools, and the tribal governing bodies of such schools, a detailed annual report on the state of education within the Bureau, and any problems encountered in Indian education during the period covered by the report, that includes—
    (1) suggestions for the improvement of the Bureau educational system and for increasing tribal or local Indian control of such system; and
    (2) information on the status of tribally controlled community colleges.
  • 25 U.S.C. § 2016
    Go to provision →
    The Secretary shall prescribe such rules and regulations as are necessary to ensure the constitutional and civil rights of Indian students attending Bureau-funded schools, including such students’ rights to—
  • 25 U.S.C. § 2017(a)(1)
    Go to provision →
    (1) The Secretary may promulgate only such regulations—
    (A) as are necessary to ensure compliance with the specific provisions of this chapter; and
    (B) as the Secretary is authorized to promulgate pursuant to section 2510 of this title.1
  • 25 U.S.C. § 2017(a)(1)(B)
    Go to provision →
    (B) as the Secretary is authorized to promulgate pursuant to section 2510 of this title.1
  • 25 U.S.C. § 2017(a)(2)
    Go to provision →
    (2) In promulgating the regulations, the Secretary shall—
    (A) publish proposed regulations in the Federal Register; and
    (B) provide a period of not less than 120 days for public comment and consultation on the regulations.
  • 25 U.S.C. § 2017(b)
    Go to provision →
    (b) The provisions of this Act shall supersede any conflicting provisions of law (including any conflicting regulations) in effect on the day before the date of enactment of this Act and the Secretary is authorized to repeal any regulation inconsistent with the provisions of this Act.
  • 25 U.S.C. § 2018(a)
    Go to provision →
    (a) Prior to publishing any proposed regulations under subsection (b)(1), and prior to establishing the negotiated rulemaking committee under subsection (b)(3), the Secretary shall convene regional meetings to consult with personnel of the Office of Indian Education Programs, educators at Bureau schools, and tribal officials, parents, teachers, administrators, and school board members of tribes served by Bureau-funded schools to provide guidance to the Secretary on the content of regulations authorized to be promulgated under this chapter and the Tribally Controlled Schools Act of 1988 [25 U.S.C. 2501 et seq.].
  • 25 U.S.C. § 2018(b)(1)
    Go to provision →
    (1) Notwithstanding sections 563(a) and 565(a) of title 5, the Secretary shall promulgate regulations authorized under subsection (a) and under the Tribally Controlled Schools Act of 1988 [25 U.S.C. 2501 et seq.], in accordance with the negotiated rulemaking procedures provided for under subchapter III of chapter 5 of title 5, and shall publish final regulations in the Federal Register.
  • 25 U.S.C. § 2018(b)(2)
    Go to provision →
    (2) If draft regulations implementing this chapter and the Tribally Controlled Schools Act of 1988 [25 U.S.C. 2501 et seq.] are not promulgated in final form within 18 months after January 8, 2002, the Secretary shall notify the appropriate committees of Congress of which draft regulations were not promulgated in final form by the deadline and the reason such final regulations were not promulgated.
  • 25 U.S.C. § 2018(b)(3)
    Go to provision →
    (3) The Secretary shall establish a negotiated rulemaking committee to carry out this subsection. In establishing such committee, the Secretary shall—
    (A) apply the procedures provided for under subchapter III of chapter 5 of title 5 in a manner that reflects the unique government-to-government relationship between Indian tribes and the United States;
    (B) ensure that the membership of the committee includes only representatives of the Federal Government and of tribes served by Bureau-funded schools;
    (C) select the tribal representatives of the committee from among individuals nominated by the representatives of the tribal and tribally operated schools;
    (D) ensure, to the maximum extent possible, that the tribal representative membership on the committee reflects the proportionate share of students from tribes served by the Bureau-funded school system; and
    (E) comply with chapter 10 of title 5.
  • 25 U.S.C. § 2018(b)(4)
    Go to provision →
    (4) The Secretary shall carry out this section using the general administrative funds of the Department of the Interior. In accordance with subchapter III of chapter 5 of title 5 and section 1006(d) of title 5, payment of costs associated with negotiated rulemaking shall include the reasonable expenses of committee members.
  • 25 U.S.C. § 2018(c)(1)
    Go to provision →
    (1) The provisions of this section shall supersede any conflicting regulations in effect on the day before the date of enactment of this chapter, and the Secretary may repeal any regulation that is inconsistent with the provisions of this chapter.
  • 25 U.S.C. § 2018(c)(2)
    Go to provision →
    (2) The Secretary may modify regulations promulgated under this section or the Tribally Controlled Schools Act of 1988 [25 U.S.C. 2501 et seq.], only in accordance with this section.
  • 25 U.S.C. § 2019(a)
    Go to provision →
    (a) The Secretary shall provide grants to tribes, tribal organizations, and consortia of tribes and tribal organizations to fund early childhood development programs that are operated by such tribes, organizations, or consortia.
  • 25 U.S.C. § 2019(c)(1)
    Go to provision →
    (1) A grant may be provided under subsection (a) to a tribe, tribal organization, or consortium of tribes and tribal organizations only if the tribe, organization, or consortium submits to the Secretary an application for the grant at such time and in such form as the Secretary shall prescribe.
  • 25 U.S.C. § 2019(f)
    Go to provision →
    (f) The Secretary shall, out of funds appropriated under subsection (g), include in the grants provided under subsection (a) amounts for administrative costs incurred by the tribe, tribal organization, or consortium of tribes in establishing and maintaining the early childhood development program.
  • 25 U.S.C. § 2020(a)
    Go to provision →
    (a) Subject to the availability of appropriations, the Secretary shall make grants and provide technical assistance to tribes for the development and operation of tribal departments or divisions of education for the purpose of planning and coordinating all educational programs of the tribe.
  • 25 U.S.C. § 2020(b)
    Go to provision →
    (b) For a tribe to be eligible to receive a grant under this section, the governing body of the tribe shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require.
  • 25 U.S.C. § 2020(c)
    Go to provision →
    (c) The Secretary shall award grants under this section in a manner that fosters geographic and population diversity.
  • 25 U.S.C. § 2020(e)
    Go to provision →
    (e) In making grants under this section, the Secretary shall give priority to any application that—
    (1) includes—
    (A) assurances that the applicant serves three or more separate Bureau-funded schools; and
    (B) assurances from the applicant that the tribal department of education to be funded under this section will provide coordinating services and technical assistance to all of such schools;
    (2) includes assurances that all education programs for which funds are provided by such a contract or grant will be monitored and audited, by or through the tribal department of education, to ensure that the programs meet the requirements of law; and
    (3) provides a plan and schedule that—
    (A) provides for—
    (i) the assumption, by the tribal department of education, of all assets and functions of the Bureau agency office associated with the tribe, to the extent the assets and functions relate to education; and
    (ii) the termination by the Bureau of such functions and office at the time of such assumption; and
    (B) provides that the assumption shall occur over the term of the grant made under this section, except that, when mutually agreeable to the tribal governing body and the Assistant Secretary, the period in which such assumption is to occur may be modified, reduced, or extended after the initial year of the grant.
  • 25 U.S.C. § 2020(e)(3)(B)
    Go to provision →
    (B) provides that the assumption shall occur over the term of the grant made under this section, except that, when mutually agreeable to the tribal governing body and the Assistant Secretary, the period in which such assumption is to occur may be modified, reduced, or extended after the initial year of the grant.
  • 25 U.S.C. § 2020(f)
    Go to provision →
    (f) Subject to the availability of appropriated funds, a grant provided under this section shall be provided for a period of 3 years. If the performance of the grant recipient is satisfactory to the Secretary, the grant may be renewed for additional 3-year terms.
  • 25 U.S.C. § 2020(g)
    Go to provision →
    (g) A tribe that receives a grant under this section shall comply with regulations relating to grants made under section 5322(a) of this title that are in effect on the date that the tribal governing body submits the application for the grant under subsection (b). The Secretary shall not impose any terms, conditions, or requirements on the provision of grants under this section that are not specified in this section.

Citations to §2021(18)

Citations to §2021(19)

Citations to §2021(20)