 
 CHAPTER 70--STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND SECONDARY 
                                 SCHOOLS
 
                       SUBCHAPTER VIII--IMPACT AID
 
Sec. 7704. Policies and procedures relating to children residing 
        on Indian lands
        

(a) In general

    A local educational agency that claims children residing on Indian 
lands for the purpose of receiving funds under section 7703 of this 
title shall establish policies and procedures to ensure that--
        (1) such children participate in programs and activities 
    supported by such funds on an equal basis with all other children;
        (2) parents of such children and Indian tribes are afforded an 
    opportunity to present their views on such programs and activities, 
    including an opportunity to make recommendations on the needs of 
    those children and how the local educational agency may help such 
    children realize the benefits of such programs and activities;
        (3) parents and Indian tribes are consulted and involved in 
    planning and developing such programs and activities;
        (4) relevant applications, evaluations, and program plans are 
    disseminated to the parents and Indian tribes; and
        (5) parents and Indian tribes are afforded an opportunity to 
    present their views to such agency regarding such agency's general 
    educational program.

(b) Records

    A local educational agency that claims children residing on Indian 
lands for the purpose of receiving funds under section 7703 of this 
title shall maintain records demonstrating such agency's compliance with 
the requirements contained in subsection (a) of this section.

(c) Waiver

    A local educational agency that claims children residing on Indian 
lands for the purpose of receiving funds under section 7703 of this 
title shall not be required to comply with the requirements of 
subsections (a) and (b) of this section for any fiscal year with respect 
to any Indian tribe from which such agency has received a written 
statement that the agency need not comply with those subsections because 
the tribe is satisfied with the provision of educational services by 
such agency to such children.

(d) Technical assistance and enforcement

    The Secretary shall--
        (1) provide technical assistance to local educational agencies, 
    parents, and Indian tribes to enable such agencies, parents, and 
    tribes to carry out this section; and
        (2) enforce this section through such actions, which may include 
    the withholding of funds, as the Secretary determines to be 
    appropriate, after affording the affected local educational agency, 
    parents, and Indian tribe an opportunity to present their views.

(e) Complaints

                           (1) In general

        (A) Any tribe, or its designee, which has students in attendance 
    at a local educational agency may, in its discretion and without 
    regard to the requirements of any other provision of law, file a 
    written complaint with the Secretary regarding any action of a local 
    educational agency taken pursuant to, or relevant to, the 
    requirements of this section.
        (B) Within ten working days from receipt of a complaint, the 
    Secretary shall--
            (i) designate a time and place for a hearing into the 
        matters relating to the complaint at a location in close 
        proximity to the local educational agency involved, or if the 
        Secretary determines there is good cause, at some other location 
        convenient to both the tribe, or its designee, and the local 
        educational agency;
            (ii) designate a hearing examiner to conduct the hearing; 
        and
            (iii) notify the affected tribe or tribes and the local 
        educational agency involved of the time, place, and nature of 
        the hearing and send copies of the complaint to the local 
        educational agency and the affected tribe or tribes.

                             (2) Hearing

        The hearing shall be held within 30 days of the designation of a 
    hearing examiner and shall be open to the public. A record of the 
    proceedings shall be established and maintained.

                 (3) Evidence; recommendations; cost

        The complaining tribe, or its designee, and the local 
    educational agency shall be entitled to present evidence on matters 
    relevant to the complaint and to make recommendations concerning the 
    appropriate remedial actions. Each party to the hearing shall bear 
    only its own costs in the proceedings.

                  (4) Findings and recommendations

        Within 30 days of the completion of the hearing, the hearing 
    examiner shall, on the basis of the record, make written findings of 
    fact and recommendations concerning appropriate remedial action, if 
    any, which should be taken. The hearing examiner's findings and 
    recommendations, along with the hearing record, shall be forwarded 
    to the Secretary.

                      (5) Written determination

        Within 30 days of the Secretary's receipt of the findings, 
    recommendations, and record, the Secretary shall, on the basis of 
    the record, make a written determination of the appropriate remedial 
    action, if any, to be taken by the local educational agency, the 
    schedule for completion of the remedial action, and the reasons for 
    the Secretary's decision.

                         (6) Copies provided

        Upon completion of the Secretary's final determination, the 
    Secretary shall provide the complaining tribe, or its designee, and 
    the local educational agency with copies of the hearing record, the 
    hearing examiner's findings and recommendations, and the Secretary's 
    final determination. The final determination of the Secretary shall 
    be subject to judicial review.

                          (7) Consolidation

        In all actions under this subsection, the Secretary shall have 
    discretion to consolidate complaints involving the same tribe or 
    local educational agency.

                           (8) Withholding

        If the local educational agency rejects the determination of the 
    Secretary, or if the remedy required is not undertaken within the 
    time established and the Secretary determines that an extension of 
    the time established will not effectively encourage the remedy 
    required, the Secretary shall withhold payment of all moneys to 
    which such local agency is eligible under section 7703 of this title 
    until such time as the remedy required is undertaken, except where 
    the complaining tribe or its designee formally requests that such 
    funds be released to the local educational agency, except that the 
    Secretary may not withhold such moneys during the course of the 
    school year if the Secretary determines that such withholding would 
    substantially disrupt the educational programs of the local 
    educational agency.

                   (9) Rejection of determination

        If the local educational agency rejects the determination of the 
    Secretary and a tribe exercises the option under section 1101(d) of 
    the Education Amendments of 1978, to have education services 
    provided either directly by the Bureau of Indian Affairs or by 
    contract with the Bureau of Indian Affairs, any Indian students 
    affiliated with that tribe who wish to remain in attendance at the 
    local educational agency against whom the complaint which led to the 
    tribal action under such subsection (d) of this section was lodged 
    may be counted with respect to that local educational agency for the 
    purpose of receiving funds under section 7703 of this title. In such 
    event, funds under such section shall not be withheld pursuant to 
    paragraph (8) and no further complaints with respect to such 
    students may be filed under paragraph (1).

(f) Construction

    This section is based upon the special relationship between the 
Indian nations and the United States and nothing in this section shall 
be construed to relieve any State of any duty with respect to any 
citizens of that State.

(Pub. L. 89-10, title VIII, Sec. 8004, as added Pub. L. 103-382, title 
I, Sec. 101, Oct. 20, 1994, 108 Stat. 3759.)

                       References in Text

    Section 1101(d) of the Education Amendments of 1978, referred to in 
subsec. (e)(9), is section 1101(d) of Pub. L. 95-561, Nov. 1, 1978, 92 
Stat. 2315, set out below.


  Contract Authority of Indian Tribes if Remedial Action Is Not Taken; 
     Election To Have Services Provided by Bureau Schools; Special 
                               Regulations

    Section 1101(d) of Pub. L. 95-561 directed Secretary of Health, 
Education, and Welfare, in cooperation with Commissioner of Education, 
within one year of Nov. 1, 1978, to promulgate special regulations which 
would provide that where a local educational agency had not undertaken 
the remedial action required by the Commissioner under 20 U.S.C. 
240(b)(3)(C)(vi), the affected tribes could elect for the Bureau of 
Indian Affairs to provide educational services provided by the local 
educational agency.

                  Section Referred to in Other Sections

    This section is referred to in section 7705 of this title.
