25 U.S.C. § 2504 — Eligibility for grants

Page 489 TITLE 25—INDIANS § 2504 to chapter 22 (§ 2000 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 6301 of Title 20, Education, and Tables. Section 1124 of the Education Amendments of 1978 (25 U.S.C. 2005(a)), referred to in subsec. (b)(4)(B)(iii), prob- ably should be section 1125 of the Education Amend- ments of 1978, Pub. L. 95–561, which is classified to sec- tion 2005 of this title and requires, in subsec. (b), com- pliance with health and safety standards. Section 1124 of Pub. L. 95–561, which is classified to section 2004 of this title, relates to school boundaries. PRIOR PROVISIONS A prior section 2503, Pub. L. 100–297, title V, § 5204, Apr. 28, 1988, 102 Stat. 386; Pub. L. 100–427, § 10(a), (b), Sept. 9, 1988, 102 Stat. 1607; Pub. L. 102–119, § 26(f), Oct. 7, 1991, 105 Stat. 607; Pub. L. 103–382, title III, § 394(m)(1), Oct. 20, 1994, 108 Stat. 4029, authorized grants, prior to repeal by Pub. L. 107–110, title X, § 1043, Jan. 8, 2002, 115 Stat. 2063. See section 2502 of this title. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Jan. 8, 2002, except with respect to certain noncompetitive programs and competitive pro- grams, see section 5 of Pub. L. 107–110, set out as a note under section 6301 of Title 20, Education. § 2504. Eligibility for grants (a) Rules (1) In general A tribally controlled school is eligible for as- sistance under this chapter if the school— (A) on April 28, 1988, was a contract school under title XI of the Education Amendments of 1978 [25 U.S.C. 2000 et seq.] and the tribe or tribal organization operating the school sub- mits to the Secretary a written notice of election to receive a grant under this chap- ter; (B) was a Bureau-operated school under title XI of the Education Amendments of 1978 [25 U.S.C. 2000 et seq.] and has met the requirements of subsection (b); (C) is a school for which the Bureau has not provided funds, but which has met the requirements of subsection (c); or (D) is a school with respect to which an election has been made under paragraph (2) and which has met the requirements of sub- section (b). (2) New schools Any application which has been submitted under the Indian Self-Determination and Edu- cation Assistance Act [25 U.S.C. 5301 et seq.] by an Indian tribe for a school which is not in operation on January 8, 2002, shall be reviewed under the guidelines and regulations for appli- cations submitted under the Indian Self-Deter- mination and Education Assistance Act that were in effect at the time the application was submitted, unless the Indian tribe or tribal or- ganization elects to have the application re- viewed under the provisions of subsection (b). (b) Additional requirements for Bureau-funded schools and certain electing schools (1) Bureau-funded schools A school that was a Bureau-funded school under title XI of the Education Amendments of 1978 [25 U.S.C. 2000 et seq.] on January 8, 2002, and any school with respect to which an election is made under subsection (a)(2), meets the requirements of this subsection if— (A) the Indian tribe or tribal organization that operates, or desires to operate, the school submits to the Secretary an applica- tion requesting that the Secretary— (i) transfer operation of the school to the Indian tribe or tribal organization, if the Indian tribe or tribal organization is not already operating the school; and (ii) make a determination as to whether the school is eligible for assistance under this chapter; and (B) the Secretary makes a determination that the school is eligible for assistance under this chapter. (2) Certain electing schools (A) In general By not later than the date that is 120 days after the date on which an application is submitted to the Secretary under paragraph (1)(A), the Secretary shall determine— (i) in the case of a school which is not being operated by the Indian tribe or tribal organization, whether to transfer oper- ation of the school to the Indian tribe or tribal organization; and (ii) whether the school is eligible for as- sistance under this chapter. (B) Other determinations In considering applications submitted under paragraph (1)(A), the Secretary— (i) shall transfer operation of the school to the Indian tribe or tribal organization, if the tribe or tribal organization is not al- ready operating the school; and (ii) shall determine that the school is eli- gible for assistance under this chapter, un- less the Secretary finds by clear and con- vincing evidence that the services to be provided by the Indian tribe or tribal orga- nization will be deleterious to the welfare of the Indians served by the school. (C) Considerations In considering applications submitted under paragraph (1)(A), the Secretary shall consider whether the Indian tribe or tribal organization would be deficient in operating the school with respect to— (i) equipment; (ii) bookkeeping and accounting proce- dures; (iii) ability to adequately manage a school; or (iv) adequately trained personnel. (c) Additional requirements for a school which is not a Bureau-funded school (1) In general A school which is not a Bureau-funded school under title XI of the Education Amend- ments of 1978 [25 U.S.C. 2000 et seq.] meets the requirements of this subsection if— (A) the Indian tribe or tribal organization that operates, or desires to operate, the school submits to the Secretary an applica- Page 490 TITLE 25—INDIANS § 2504 1 See References in Text note below. tion requesting a determination by the Sec- retary as to whether the school is eligible for assistance under this chapter; and (B) the Secretary makes a determination that a school is eligible for assistance under this chapter. (2) Deadline for determination by Secretary (A) In general By not later than the date that is 180 days after the date on which an application is submitted to the Secretary under paragraph (1)(A), the Secretary shall determine wheth- er the school is eligible for assistance under this chapter. (B) Considerations In making the determination under sub- paragraph (A), the Secretary shall give equal consideration to each of the following fac- tors: (i) With respect to the applicant’s pro- posal— (I) the adequacy of facilities or the po- tential to obtain or provide adequate fa- cilities; (II) geographic and demographic fac- tors in the affected areas; (III) adequacy of the applicant’s pro- gram plans; (IV) geographic proximity of com- parable public education; and (V) the needs as expressed by all af- fected parties, including but not limited to students, families, tribal governments at both the central and local levels, and school organizations. (ii) With respect to all education services already available— (I) geographic and demographic factors in the affected areas; (II) adequacy and comparability of pro- grams already available; (III) consistency of available programs with tribal education codes or tribal leg- islation on education; and (IV) the history and success of these services for the proposed population to be served, as determined from all factors including, if relevant, standardized ex- amination performance. (C) Geographic proximity The Secretary may not make a determina- tion under this paragraph that is primarily based upon the geographic proximity of com- parable public education. (D) Other information Applications submitted under paragraph (1)(A) shall include information on the fac- tors described in subparagraph (B)(i), but the applicant may also provide the Secretary such information relative to the factors de- scribed in subparagraph (B)(ii) as the appli- cant considers appropriate. (E) Deadline If the Secretary fails to make a determina- tion under subparagraph (A) with respect to an application within 180 days after the date on which the Secretary received the applica- tion, the Secretary shall be treated as hav- ing made a determination that the tribally controlled school is eligible for assistance under the title 1 and the grant shall become effective 18 months after the date on which the Secretary received the application, or on an earlier date, at the Secretary’s discre- tion. (d) Filing of applications and reports (1) In general All applications and reports submitted to the Secretary under this chapter, and any amendments to such applications or reports, shall be filed with the education line officer designated by the Director of the Office of In- dian Education Programs of the Bureau of In- dian Affairs. The date on which such filing oc- curs shall, for purposes of this chapter, be treated as the date on which the application or amendment was submitted to the Secretary. (2) Supporting documentation Any application that is submitted under this chapter shall be accompanied by a document indicating the action taken by the tribal gov- erning body in authorizing such application. (e) Effective date for approved applications Except as provided by subsection (c)(2)(E), a grant provided under this chapter, and any transfer of the operation of a Bureau school made under subsection (b), shall become effec- tive beginning the academic year succeeding the fiscal year in which the application for the grant or transfer is made, or at an earlier date determined by the Secretary. (f) Denial of applications (1) In general Whenever the Secretary refuses to approve a grant under this chapter, to transfer operation of a Bureau school under subsection (b), or de- termines that a school is not eligible for as- sistance under this chapter, the Secretary shall— (A) state the objections in writing to the tribe or tribal organization within the allot- ted time; (B) provide assistance to the tribe or tribal organization to overcome all stated objec- tions; (C) at the request of the tribe or tribal or- ganization, provide the tribe or tribal orga- nization a hearing on the record under the same rules and regulations that apply under the Indian Self-Determination and Edu- cation Assistance Act [25 U.S.C. 5301 et seq.]; and (D) provide an opportunity to appeal the objection raised. (2) Timeline for reconsideration of amended applications The Secretary shall reconsider any amended application submitted under this chapter within 60 days after the amended application is submitted to the Secretary. (g) Report The Bureau shall submit an annual report to the Congress on all applications received, and Page 491 TITLE 25—INDIANS § 2505 1 So in original. Probably should be subsection ‘‘(c)(1)(B)(ii).’’ actions taken (including the costs associated with such actions), under this section at the same time that the President is required to sub- mit to Congress the budget under section 1105 of title 31. (Pub. L. 100–297, title V, § 5205, as added Pub. L. 107–110, title X, § 1043, Jan. 8, 2002, 115 Stat. 2068.) Editorial Notes REFERENCES IN TEXT The Education Amendments of 1978, referred to in subsecs. (a)(1)(A), (B), (b)(1), and (c)(1), is Pub. L. 95–561, Nov. 1, 1978, 92 Stat. 2143. Title XI of the Act is classi- fied principally to chapter 22 (§ 2000 et seq.) of this title. For complete classification of this Act to the Code, see Short Title of 1978 Amendment note set out under sec- tion 6301 of Title 20, Education, and Tables. The Indian Self-Determination and Education Assist- ance Act, referred to in subsecs. (a)(2) and (f)(1)(C), is Pub. L. 93–638, Jan. 4, 1975, 88 Stat. 2203, which is classi- fied principally to chapter 46 (§ 5301 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 5301 of this title and Tables. The title, referred to in subsec. (c)(2)(E), probably should be ‘‘this part’’, meaning part B of title V of Pub. L. 100–297, known as the Tribally Controlled Schools Act of 1988, which is classified generally to this chap- ter. For complete classification of part B to the Code, see Short Title note set out under section 2501 of this title and Tables. PRIOR PROVISIONS A prior section 2504, Pub. L. 100–297, title V, § 5205, Apr. 28, 1988, 102 Stat. 387; Pub. L. 100–427, § 10(c), Sept. 9, 1988, 102 Stat. 1608; Pub. L. 101–301, § 5(g), May 24, 1990, 104 Stat. 209; Pub. L. 102–119, § 26(f), Oct. 7, 1991, 105 Stat. 607; Pub. L. 103–382, title III, §§ 382(a), (b), 394(m)(2), Oct. 20, 1994, 108 Stat. 4017, 4029, related to composition of grants, prior to repeal by Pub. L. 107–110, title X, § 1043, Jan. 8, 2002, 115 Stat. 2063. See section 2503 of this title. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Jan. 8, 2002, except with respect to certain noncompetitive programs and competitive pro- grams, see section 5 of Pub. L. 107–110, set out as a note under section 6301 of Title 20, Education. § 2505. Duration of eligibility determination (a) In general If the Secretary determines that a tribally controlled school is eligible for assistance under this chapter, the eligibility determination shall remain in effect until the determination is re- voked by the Secretary, and the requirements of subsection (b) or (c) of section 2504 of this title, if applicable, shall be considered to have been met with respect to such school until the eligi- bility determination is revoked by the Sec- retary. (b) Annual reports (1) In general Each recipient of a grant provided under this chapter shall complete an annual report which shall be limited to— (A) an annual financial statement report- ing revenue and expenditures as defined by the cost accounting established by the grantee; (B) an annual financial audit conducted pursuant to the standards of the Single Audit Act of 1984 [31 U.S.C. 7501 et seq.]; (C) a biennial compliance audit of the pro- curement of personal property during the pe- riod for which the report is being prepared that shall be in compliance with written procurement standards that are developed by the local school board; (D) an annual submission to the Secretary of the number of students served and a brief description of programs offered under the grant; and (E) a program evaluation conducted by an impartial evaluation review team, to be based on the standards established for pur- poses of subsection (c)(1)(A)(ii).1 (2) Evaluation review teams Where appropriate, other tribally controlled schools and representatives of tribally con- trolled community colleges shall make up members of the evaluation review teams. (3) Evaluations In the case of a school which is accredited, evaluations will be conducted at intervals under the terms of accreditation. (4) Submission of report (A) To tribal governing body Upon completion of the report required under paragraph (1), the recipient of the grant shall send (via first class mail, return receipt requested) a copy of such annual re- port to the tribal governing body (as defined in section 2012(f) of this title) of the tribally controlled school. (B) To Secretary Not later than 30 days after receiving writ- ten confirmation that the tribal governing body has received the report sent pursuant to subparagraph (A), the recipient of the grant shall send a copy of the report to the Secretary. (c) Revocation of eligibility (1) Determination of eligibility for assistance The Secretary shall not revoke a determina- tion that a school is eligible for assistance under this chapter if— (A) the Indian tribe or tribal organization submits the reports required under sub- section (b) with respect to the school; and (B) at least one of the following clauses ap- plies with respect to the school: (i) The school is certified or accredited by a State or regional accrediting associa- tion or is a candidate in good standing for such accreditation under the rules of the State or regional accrediting association, showing that credits achieved by the stu- dents within the education programs are, or will be, accepted at grade level by a State certified or regionally accredited in- stitution. (ii) The Secretary determines that there is a reasonable expectation that the cer- tification or accreditation described in