 CHAPTER 70--STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND SECONDARY 
                                 SCHOOLS
 
   SUBCHAPTER IX--INDIAN, NATIVE HAWAIIAN, AND ALASKA NATIVE EDUCATION
 
                        Part A--Indian Education
 
         subpart 1--formula grants to local educational agencies
 
Sec. 7816. Student eligibility forms


(a) In general

    The Secretary shall require that, as part of an application for a 
grant under this subpart, each applicant shall maintain a file, with 
respect to each Indian child for whom the local educational agency 
provides a free public education, that contains a form that sets forth 
information establishing the status of the child as an Indian child 
eligible for assistance under this subpart and that otherwise meets the 
requirements of subsection (b) of this section.

(b) Forms

                           (1) In general

        The form described in subsection (a) of this section shall 
    include--
            (A) either--
                (i)(I) the name of the tribe or band of Indians (as 
            defined in section 7881(4) of this title) with respect to 
            which the child claims membership;
                (II) the enrollment number establishing the membership 
            of the child (if readily available); and
                (III) the name and address of the organization that 
            maintains updated and accurate membership data for such 
            tribe or band of Indians; or
                (ii) if the child is not a member of a tribe or band of 
            Indians, the name, the enrollment number (if readily 
            available), and the organization (and address thereof) 
            responsible for maintaining updated and accurate membership 
            rolls of any parent or grandparent of the child from whom 
            the child claims eligibility;

            (B) a statement of whether the tribe or band of Indians with 
        respect to which the child, parent or grandparent of the child 
        claims membership is federally recognized;
            (C) the name and address of the parent or legal guardian of 
        the child;
            (D) a signature of the parent or legal guardian of the child 
        that verifies the accuracy of the information supplied; and
            (E) any other information that the Secretary considers 
        necessary to provide an accurate program profile.

                       (2) Minimum information

        In order for a child to be eligible to be counted for the 
    purpose of computing the amount of a grant award made under section 
    7813 of this title, an eligibility form prepared pursuant to this 
    section for a child shall include--
            (A) the name of the child;
            (B) the name of the tribe or band of Indians (as defined in 
        section 7881(4) of this title) with respect to which the child 
        claims eligibility; and
            (C) the dated signature of the parent or guardian of the 
        child.

                             (3) Failure

        The failure of an applicant to furnish any information described 
    in this subsection other than the information described in paragraph 
    (2) with respect to any child shall have no bearing on the 
    determination of whether the child is an eligible Indian child for 
    the purposes of determining the amount of a grant award made under 
    section 7813 of this title.

(c) Statutory construction

    Nothing in this section shall be construed to affect a definition 
contained in section 7881 of this title.

(d) Forms and standards of proof

    The forms and the standards of proof (including the standard of good 
faith compliance) that were in use during the 1985-1986 academic year to 
establish the eligibility of a child for entitlement under the Indian 
Elementary and Secondary School Assistance Act shall be the forms and 
standards of proof used--
        (1) to establish such eligibility; and
        (2) to meet the requirements of subsection (a) of this section.

(e) Documentation

    For purposes of determining whether a child is eligible to be 
counted for the purpose of computing the amount of a grant under section 
7813 of this title, the membership of the child, or any parent or 
grandparent of the child, in a tribe or band of Indians may be 
established by proof other than an enrollment number, notwithstanding 
the availability of an enrollment number for a member of such tribe or 
band. Nothing in subsection (b) of this section shall be construed to 
require the furnishing of an enrollment number.

(f) Monitoring and evaluation review

                           (1) In general

        (A) For each fiscal year, in order to provide such information 
    as is necessary to carry out the responsibility of the Secretary to 
    provide technical assistance under this subpart, the Secretary shall 
    conduct a monitoring and evaluation review of a sampling of the 
    recipients of grants under this subpart. The sampling conducted 
    under this subparagraph shall take into account size of the local 
    educational agency and the geographic location of such agency.
        (B) A local educational agency may not be held liable to the 
    United States or be subject to any penalty, by reason of the 
    findings of an audit that relates to the date of completion, or the 
    date of submission, of any forms used to establish, before April 28, 
    1988, the eligibility of a child for entitlement under the Indian 
    Elementary and Secondary School Assistance Act.

                        (2) False information

        Any local educational agency that provides false information in 
    an application for a grant under this subpart shall--
            (A) be ineligible to apply for any other grant under this 
        subpart; and
            (B) be liable to the United States for any funds that have 
        not been expended.

                        (3) Excluded children

        A student who provides false information for the form required 
    under subsection (d) of this section shall not be counted for the 
    purpose of computing the amount of a grant under section 7813 of 
    this title.

(g) Distribution

    For the purposes of the distribution of funds under this subpart to 
schools that receive funding from the Bureau of Indian Affairs pursuant 
to--
        (1) section 2010 of title 25; and
        (2) the Act of April 16, 1934 (48 Stat. 596, chapter 147) [25 
    U.S.C. 452 et seq.],

the Secretary shall, in lieu of meeting the requirements of this section 
for counting Indian children, use a count of the number of students in 
such schools certified by the Bureau of Indian Affairs.

(Pub. L. 89-10, title IX, Sec. 9116, as added Pub. L. 103-382, title I, 
Sec. 101, Oct. 20, 1994, 108 Stat. 3779.)

                       References in Text

    The Indian Elementary and Secondary School Assistance Act, referred 
to in subsecs. (d) and (f)(1)(B), is title III of act Sept. 30, 1950, 
ch. 1124, as added by Pub. L. 92-318, title IV, Sec. 411(a), June 23, 
1972, 86 Stat. 335, as amended, which was classified generally to 
subchapter III (Sec. 241aa et seq.) of chapter 13 of this title, prior 
to repeal by Pub. L. 100-297, title V, Sec. 5352(1), Apr. 28, 1988, 102 
Stat. 414.
    Act of April 16, 1934, referred to in subsec. (g)(2), is act Apr. 
16, 1934, ch. 147, 48 Stat. 596, as amended, popularly known as the 
Johnson-O'Malley Act, which is classified generally to section 452 et 
seq. of Title 25, Indians. For complete classification of this Act to 
the Code, see Short Title note set out under section 452 of Title 25 and 
Tables.

                  Section Referred to in Other Sections

    This section is referred to in sections 7812, 7813 of this title.
