
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 25USC2001]

 
                            TITLE 25--INDIANS
 
              CHAPTER 22--BUREAU OF INDIAN AFFAIRS PROGRAMS
 
Sec. 2001. Standards for basic education of Indian children in 
        Bureau of Indian Affairs schools
        

(a) Purpose

    (1) The purpose of the standards developed under this section shall 
be to afford Indian students being served by a Bureau funded school with 
the same opportunities as all other students to achieve the National 
Education Goals embodied in the Goals 2000: Educate America Act [20 
U.S.C. 5801 et seq.]. Consistent with the provisions of this section and 
section 2011 of this title, the Secretary shall take such actions as are 
necessary to coordinate standards developed and implemented under this 
section with those in the State improvement plans developed and 
implemented pursuant to the Goals 2000: Educate America Act for the 
States in which each Bureau funded school operates. In developing and 
reviewing such standards and coordination, the Secretary shall utilize 
the findings and recommendations of the panel established in section 
315(b)(4) \1\ of such Act.
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    \1\ See References in Text note below.
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    (2) The Secretary shall take immediate steps to encourage school 
boards of Bureau funded schools to engage their communities in adopting 
declarations of purposes of education in their communities, analyzing 
the implications of such purposes for their schools, and determining how 
such purposes may be made to motivate students and faculties and 
otherwise animate their schools by May 1, 1995. Such declarations shall 
represent the aspirations of a community for the kinds of persons such 
community wants its children to increasingly become, and shall include 
such purposes as assuring that all learners are becoming accomplished in 
ways important to themselves and respected by their parents and 
communities, shaping worthwhile and satisfying lives for themselves, 
exemplifying the best values of the community and humankind, and 
becoming increasingly effective in shaping the character and quality of 
the world all learners share.

(b) Studies and surveys

    Within 18 months of the publication of the voluntary national 
content standards described in section 203(a)(2) of the Goals 2000: 
Educate America Act [20 U.S.C. 5823(a)(2)], the Secretary, in 
consultation with the Secretary of Education and Indian organizations 
and tribes, shall carry out or cause to be carried out by contract with 
an Indian organization such studies and surveys, making the fullest use 
possible of other existing studies, surveys, and plans, as are necessary 
to establish and revise standards for the basic education of Indian 
children attending Bureau funded schools. Such studies and surveys shall 
take into account factors such as academic needs, local cultural 
differences, type and level of language skills, geographic isolation, 
and appropriate teacher-student ratios for such children, and shall be 
directed toward the attainment of equal educational opportunity for such 
children.

(c) Revision of minimum academic standards

    (1) The Secretary shall revise the minimum academic standards 
published in the Federal Register of September 9, 1985 (50 Fed. Reg. 
174) for the basic education of Indian children in accordance with the 
purpose described in subsection (a) of this section and the findings of 
the studies and surveys described in subsection (b) of this section, and 
shall publish such revised standards in the Federal Register for the 
purpose of receiving comments from the tribes and other interested 
parties. Within 21 months of October 20, 1994, the Secretary shall 
establish final standards, distribute such standards to all the tribes 
and publish such final standards in the Federal Register. The Secretary 
shall revise such final standards periodically as necessary. Prior to 
any revision of such final standards, the Secretary shall distribute 
such proposed revision to all the tribes, and publish such proposed 
revision in the Federal Register, for the purpose of receiving comments 
from the tribes and other interested parties.
    (2) The standards described in paragraph (1) shall apply to Bureau 
schools, and subject to subsection (f) of this section, to contract or 
grant schools, and may also serve as a model for educational programs 
for Indian children in public schools. In establishing and revising such 
standards, the Secretary shall take into account the special needs of 
Indian students and the support and reinforcement of the specific 
cultural heritage of each tribe.

(d) Alternative or modified standards

    The Secretary shall provide alternative or modified standards in 
lieu of the standards established under subsection (c) of this section, 
where necessary, so that the programs of each school shall be in 
compliance with the minimum standards required for accreditation of 
schools in the State where the school is located.

(e) Waiver of standards

    A tribal governing body, or the local school board so designated by 
the tribal governing body, shall have the local authority to waive, in 
part or in whole, the standards established under subsection \2\ (c) and 
(d) of this section, where such standards are deemed by such body to be 
inappropriate. The tribal governing body or designated school board 
shall, within 60 days thereafter, submit to the Secretary a proposal for 
alternative standards that take into account the specific needs of the 
tribe's children. Such revised standards shall be established by the 
Secretary unless specifically rejected by the Secretary for good cause 
and in writing to the affected tribes or local school board, which 
rejection shall be final and unreviewable.
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    \2\ So in original. Probably should be ``subsections''.
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(f) Implementation of standards

    (1) The Secretary, through contracting and grant-making procedures, 
shall assist school boards of contract or grant schools in the 
implementation of the standards established under subsections (c) and 
(d) of this section, if the school boards request that such standards, 
in part or in whole, be implemented. At the request of a contract or 
grant school board, the Secretary shall provide alternative or modified 
standards for the standards established under subsections (c) and (d) of 
this section to take into account the needs of the Indian children and 
the contract or grant school.
    (2) Within 1 year of August 15, 1985, 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 or grant schools. Such standards shall yield 
data results comparable to those used by Bureau schools.

(g) Annual plan for meeting of standards

    Subject to subsections (e) and (f) of this section, the Secretary 
shall begin to implement the standards established under this section 
immediately upon the date of their establishment. Not later than January 
1, 1995, and at each time thereafter 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 
Bureau schools and contract or grant schools up to the level required by 
the applicable standards established under this section. Such plan shall 
include detailed information on the status of each school's educational 
program in relation to the applicable standards established under this 
section, specific cost estimates for meeting such standards at each 
school, and specific time lines for bringing each school up to the level 
required by such standards.

(h) Closure or consolidation of schools

    (1) Except as specifically required by statute, no school or 
peripheral dormitory operated by the Bureau on or after January 1, 1992, 
may be closed or consolidated or have its program substantially 
curtailed unless done according to the requirements of this subsection, 
except that, in those cases where the tribal governing body, or the 
local school board concerned (if so designated by the tribal governing 
body), requests closure or consolidation, the requirements of this 
subsection shall not apply. The requirements of this subsection shall 
not apply when a temporary closure, consolidation, or substantial 
curtailment is required by plant conditions which constitute an 
immediate hazard to health and safety.
    (2) The Secretary shall, by regulation, promulgate standards and 
procedures for the closing, consolidation, or substantial curtailment of 
Bureau schools in accordance with the requirements of this subsection.
    (3) Whenever closure, transfer to any other 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 as soon as such 
consideration or review begins, kept fully and currently informed, and 
afforded an opportunity to comment with respect to such consideration or 
review. When a formal decision is made to close, transfer to any other 
authority, consolidate, or substantially curtail a school, the affected 
tribe, tribal governing body, and designated local school board shall be 
notified at least 6 months prior to the end of the school year preceding 
the proposed closure date. Copies of any such notices and information 
shall be transmitted promptly to the Congress and published in the 
Federal Register.
    (4) The Secretary may terminate, contract, transfer to any other 
authority, or consolidate or substantially curtail the operation or 
facilities of--
        (A) any Bureau funded school that is operated on or after April 
    1, 1987,
        (B) any program of such a school that is operated on or after 
    April 1, 1987, or
        (C) any school board of a school operated under a grant under 
    the Tribally Controlled Schools Act of 1988 [25 U.S.C. 2501 et 
    seq.],

only if the tribal governing body approves such action.

(i) Authorization of appropriations

    There are authorized to be appropriated such sums as may be 
necessary, for academic program costs, in order to bring all Bureau 
schools and contract or grant schools up to the level required by the 
applicable standards established under this section.

(j) Alcohol and substance abuse prevention and treatment

    (1) All Bureau funded schools shall include within their curriculum 
a program of instruction relating to alcohol and substance abuse 
prevention and treatment. The Assistant Secretary shall provide the 
technical assistance necessary to develop and implement such a program 
for students in kindergarten and grades 1 through 12, at the request 
of--
        (A) any Bureau school (subject to the approval of the school 
    board of such school);
        (B) any school board of a school operating under a contract 
    entered into under the Indian Self-Determination and Education 
    Assistance Act (25 U.S.C. 450 et seq.); or
        (C) any school board of a school operating under a grant under 
    the Tribally Controlled Schools Act of 1988 [25 U.S.C. 2501 et 
    seq.].

    (2) In schools operated directly by the Bureau, the Secretary shall 
provide for--
        (A) accurate reporting of all incidents relating to alcohol and 
    substance abuse; and
        (B) individual student crisis intervention.

    (3) The programs requested under paragraph (1) shall be developed in 
consultation with the Indian tribe that is to be served by such program 
and health personnel in the local community of such tribe.
    (4) Schools requesting program assistance under this subsection are 
encouraged to involve family units and, where appropriate, tribal elders 
and Native healers in such instructions.

(k) ``Tribal governing body'' defined

    For purposes of this section, the term ``tribal governing body'' 
means, with respect to any school, the tribal governing body, or tribal 
governing bodies, that represent at least 90 percent of the students 
served by such school.

(l) Application for contracts or grants for non-Bureau funded schools or 
        expansion of Bureau funded schools

    (1)(A)(i) The Secretary shall only consider the factors described in 
subparagraphs (B) and (C) 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.

    (ii) The Secretary shall give consideration to all of the factors 
under clause (i), but none of the applications under clause (i) may be 
denied based primarily upon the geographic proximity of public 
education.
    (B) The Secretary shall consider the following factors relating to 
the program that is the subject of an application described in 
subparagraph (A):
        (i) The adequacy of facilities or the potential to obtain or 
    provide adequate facilities.
        (ii) Geographic and demographic factors in the affected areas.
        (iii) Adequacy of the applicant's program plans or, in the case 
    of a Bureau funded school, of projected needs analysis done either 
    by a tribe or by Bureau personnel.
        (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.

    (C) The Secretary shall consider with respect to applications 
described in subparagraph (A) the following factors relating to all the 
educational services available at the time the application is 
considered:
        (i) Geographic and demographic factors in the affected areas.
        (ii) Adequacy and comparability of programs already available.
        (iii) Consistency of available programs with tribal educational 
    codes or tribal legislation on education.
        (iv) The history and success of these services for the proposed 
    population to be served, as determined from all factors and not just 
    standardized examination performance.

    (2)(A) The Secretary shall make a determination of whether to 
approve any application described in paragraph (1)(A) by not later than 
the date that is 180 days after the day on which such application is 
submitted to the Secretary.
    (B) If the Secretary fails to make the determination described in 
subparagraph (A) with respect to an application by the date described in 
subparagraph (A), the application shall be treated as having been 
approved by the Secretary.
    (3)(A) Any application described in paragraph (1)(A) may be 
submitted to 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.

    (B) Each application described in paragraph (1)(A)--
        (i) shall provide information concerning each of the factors 
    described in paragraph (1)(B), and
        (ii) may provide information concerning the factors described in 
    paragraph (1)(C).

    (4) Whenever the Secretary makes a determination to deny approval of 
any application described in paragraph (1)(A), the Secretary shall--
        (A) state the objections in writing to the applicant by not 
    later than the date that is 180 days after the day on which the 
    application is submitted to the Secretary,
        (B) provide assistance to the applicant to overcome stated 
    objections, and
        (C) provide the applicant a hearing, under the same rules and 
    regulations pertaining to the Indian Self-Determination and 
    Education Assistance Act [25 U.S.C. 450 et seq.], and an opportunity 
    to appeal the objections raised by the Secretary.

    (5)(A) Except as otherwise provided in this paragraph, the action 
which is the subject of any application described in paragraph (1)(A) 
that is approved by the Secretary shall become effective with the 
commencement of the academic year succeeding the fiscal year in which 
the application is approved, or at an earlier date determined by the 
Secretary.
    (B) If an application is treated as having been approved by the 
Secretary by reason of paragraph (2)(B), the action that is the subject 
of the application shall become effective on the date that is 18 months 
after the date on which the application is submitted to the Secretary, 
or at an earlier date determined by the Secretary.

(Pub. L. 95-561, title XI, Sec. 1121, as added Pub. L. 103-382, title 
III, Sec. 381, Oct. 20, 1994, 108 Stat. 3979; amended Pub. L. 104-134, 
title I, Sec. 101(d) [title VII, Sec. 703(d)], Apr. 26, 1996, 110 Stat. 
1321-211, 1321-255; renumbered title I, Pub. L. 104-140, Sec. 1(a), May 
2, 1996, 110 Stat. 1327; Pub. L. 105-362, title VIII, Sec. 801(c)(1), 
Nov. 10, 1998, 112 Stat. 3287.)

                       References in Text

    The Goals 2000: Educate America Act, referred to in subsec. (a)(1), 
is Pub. L. 103-227, Mar. 31, 1994, 108 Stat. 125 (except titles V and 
IX), which is classified principally to chapter 68 (Sec. 5801 et seq.) 
of Title 20, Education (except subchapters V (Sec. 5931 et seq.) and IX 
(Sec. 6001 et seq.)). For complete classification of this Act to the 
Code, see Short Title note set out under section 5801 of Title 20 and 
Tables.
    Section 315 of the Goals 2000: Educate America Act, referred to in 
subsec. (a)(1), was classified to section 5895 of Title 20, Education, 
and was repealed by Pub. L. 106-113, div. B, Sec. 1000(a)(4) [title III, 
Sec. 310(i)], Nov. 29, 1999, 113 Stat. 1535, 1501A-265.
    The Tribally Controlled Schools Act of 1988, referred to in subsecs. 
(h)(4)(C) and (j)(1)(C), is part B (Secs. 5201-5212) of title V of Pub. 
L. 100-297, Apr. 28, 1988, 102 Stat. 385, as amended, which is 
classified generally to chapter 27 (Sec. 2501 et seq.) of this title. 
For complete classification of this Act to the Code, see Short Title 
note set out under section 2501 of this title and Tables.
    The Indian Self-Determination and Education Assistance Act referred 
to in subsecs. (j)(1)(B) and (l)(4)(C), is Pub. L. 93-638, Jan. 4, 1975, 
88 Stat. 2203, as amended, which is classified principally to part A 
(Sec. 450 et seq.) of subchapter II of chapter 14 of this title. For 
complete classification of this Act to the Code, see Short Title note 
set out under section 450 of this title and Tables.


                            Prior Provisions

    A prior section 2001, Pub. L. 95-561, title XI, Sec. 1121, Nov. 1, 
1978, 92 Stat. 2316; Pub. L. 96-46, Sec. 2(b)(2)-(4), Aug. 6, 1979, 93 
Stat. 341; Pub. L. 96-88, title III, Sec. 301(a)(1), title V, Sec. 507, 
Oct. 17, 1979, 93 Stat. 677, 692; Pub. L. 98-511, title V, Sec. 502, 
Oct. 19, 1984, 98 Stat. 2391; Pub. L. 99-89, Sec. 2, Aug. 15, 1985, 99 
Stat. 379; Pub. L. 99-570, title IV, Sec. 4133(b)(3), Oct. 27, 1986, 100 
Stat. 3207-134; Pub. L. 100-297, title V, Secs. 5102, 5104, Apr. 28, 
1988, 102 Stat. 363, 365; Pub. L. 100-427, Sec. 1(a), (b), Sept. 9, 
1988, 102 Stat. 1603; Pub. L. 102-531, title III, Sec. 312(b), Oct. 27, 
1992, 106 Stat. 3504, related to standards for basic education of Indian 
children in Bureau or contract schools, prior to the general amendment 
of this chapter by Pub. L. 103-382.


                               Amendments

    1998--Subsec. (h)(4), (5). Pub. L. 105-362 redesignated par. (5) as 
(4) and struck out former par. (4) which read as follows: ``The 
Secretary shall make a report to Congress, the affected tribe, and the 
designated local school board describing the process of the active 
consideration or review referred to in paragraph (3). At a minimum, the 
report shall include a study of the impact of such action on the student 
population, with every effort to identify those students with particular 
educational and social needs, and to ensure that alternative services 
are available to such students. Such report shall include the 
description of the consultation conducted between the potential service 
provider, current service provider, parents, tribal representative and 
the tribe or tribes involved, and the Director of the Office of Indian 
Education Programs within the Bureau regarding such students. No 
irreversible action may be taken in furtherance of any such proposed 
school closure, transfer to any other authority, consolidation, or 
substantial curtailment (including any action which would prejudice the 
personnel or programs of such school) until the end of the first full 
academic year after such report is made.''
    1996--Subsec. (b). Pub. L. 104-134 substituted ``203(a)(2)'' for 
``213(a)''.


                      Short Title of 1988 Amendment

    Section 5101 of Pub. L. 100-297 provided that: ``This part [part A 
(Secs. 5101-5120) of title V of Pub. L. 100-297, enacting sections 
2008a, 2022a, and 2022b of this title, amending this section and 
sections 2002 to 2005, 2008 to 2011, and 2019 of this title, repealing 
section 241bb-1 of Title 20, Education, enacting provisions set out as 
notes under section 2011 of this title and section 1411 of Title 20, and 
repealing provisions set out as a note under section 241aa of Title 20] 
may be cited as the `Indian Education Amendments of 1988'.''


                      Short Title of 1985 Amendment

    Section 1(a) of Pub. L. 99-89 provided that: ``This Act [amending 
this section and sections 2004, 2006, 2008, 2009, 2016, 2020, 2021, and 
2022 of this title, repealing section 2023 of this title, and enacting 
provisions set out as a note under this section] may be cited as the 
`Indian Education Technical Amendments Act of 1985'.''


                      Short Title of 1984 Amendment

    Section 501(a) of title V of Pub. L. 98-511 provided that: ``This 
title [enacting sections 2020 to 2023 of this title, amending this 
section, sections 2004, 2006, 2008, 2009, 2011, 2012, 2016, 2018 of this 
title, and sections 241aa to 241ff, 1211a, 1221g, 3385, 3385a, and 3385b 
of Title 20, Education, and enacting provisions set out as a note under 
section 241ff of Title 20] may be cited as the `Indian Education 
Amendments of 1984'.''


                 Therapeutic Model Demonstration Schools

    Section 566 of Pub. L. 103-382 provided that:
    ``(a) Authorization.--
        ``(1) In general.--The Secretary of the Interior, acting through 
    the Bureau of Indian Affairs, is authorized to establish 
    demonstration schools, based on the therapeutic model described in 
    this section, to provide services necessary to achieve positive 
    changes in the attitudes, behavior, and academic performance of 
    Indian youth attending off-reservation boarding schools.
        ``(2) Purpose.--The purpose of the therapeutic model 
    demonstration schools is--
            ``(A) to provide a program, based on an annual written plan, 
        linking clinicians, counselors, and mental health professionals 
        with academic program personnel in a culturally sensitive 
        residential program tailored to the particular needs of Indian 
        students;
            ``(B) to provide for a continued evaluation of the planning 
        and implementation of the therapeutic model in the designated 
        schools; and
            ``(C) to determine what steps the Bureau of Indian Affairs 
        must take and what resources are required to transform existing 
        off-reservation boarding schools to meet the needs of chemically 
        dependent, emotionally disturbed, socially troubled, or other 
        at-risk Indian youth who attend such schools.
    ``(b) Location.--The Secretary shall initiate the therapeutic model 
at two schools during school years 1994 through 1996, and shall give 
priority to--
        ``(1) one school that is the recipient of a grant under section 
    5204 of the August [Augustus] F. Hawkins-Robert T. Stafford 
    Elementary and Secondary School Improvement Amendments of 1988 [25 
    U.S.C. 2503] during the 1994-1995 school year; and
        ``(2) one school operated by the Bureau of Indian Affairs during 
    the 1995-1996 school year.
    ``(c) Services.--The demonstration schools shall provide an 
integrated residential environment that may include--
        ``(1) mental health services;
        ``(2) education;
        ``(3) recreation therapy;
        ``(4) social service programs;
        ``(5) substance abuse education and prevention; and
        ``(6) other support services for aftercare.
    ``(d) Staffing.--The demonstration schools shall be staffed with 
health and social service professionals, and educators, and may 
include--
        ``(1) clinical psychologists;
        ``(2) child psychologists;
        ``(3) substance abuse counselors;
        ``(4) social workers; and
        ``(5) health educators.
    ``(e) Enrollment.--Notwithstanding any other provision of law, the 
Secretary of the Interior may limit the enrollment at the demonstration 
schools.
    ``(f) Assistance.--The Secretary is authorized to enter into 
agreements with other organizations and agencies, including the Indian 
Health Service, to carry out this section.
    ``(g) Report.--Not later than July 31 of each year, the Secretary of 
the Interior shall submit a report to the Committee on Indian Affairs of 
the Senate and the Committee on Education and Labor [now Committee on 
Education and the Workforce] of the House of Representatives on the 
progress of the Department of the Interior in the development of the 
demonstration schools.''


               Native Americans Educational Assistance Act

    Pub. L. 102-524, Sec. 4, Oct. 26, 1992, 106 Stat. 3437, as amended 
by Pub. L. 105-362, title VIII, Sec. 801(f), Nov. 10, 1998, 112 Stat. 
3288, known as the ``Native Americans Educational Assistance Act'', 
authorized Secretary of the Interior to enter into an agreement with a 
nonprofit captioning agency engaged in manufacturing and distributing 
captioning decoders, for the purpose of carrying out a demonstration 
project to determine effectiveness of captioned educational materials as 
an educational tool in schools operated by Bureau of Indian Affairs, and 
authorized to be appropriated sums necessary to carry out this section.


               White House Conference on Indian Education

    Part E (Secs. 5501-5508) of title V of Pub. L. 100-297, as amended 
by Pub. L. 100-427, Sec. 26, Sept. 9, 1988, 102 Stat. 1614; Pub. L. 101-
301, Sec. 5(e), May 24, 1990, 104 Stat. 208; Pub. L. 102-27, title III, 
Sec. 306, Apr. 10, 1991, 105 Stat. 152, provided for establishment, 
membership, etc., of a White House Conference on Indian Education to 
explore feasibility of establishing an independent Board of Indian 
Education that would assume responsibility for all existing Federal 
programs relating to education of Indians and develop recommendations 
for improvement of educational programs to make the programs more 
relevant to needs of Indians, established an Interagency Task Force on 
the White House Conference on Indian Education to plan and conduct the 
Conference and an Advisory Committee on the Conference to assist and 
advise the Task Force in planning and conducting the Conference, and 
directed the Conference to submit to President not later than 120 days 
following the close of the Conference a final report of the findings and 
recommendations made by the Conference, which final report was to be 
submitted by President to Congress within 90 days of receipt by 
President, with a statement of President's recommendations, and which 
final report was submitted to Congress.

                  Section Referred to in Other Sections

    This section is referred to in sections 2002, 2007, 2010, 2017, 2506 
of this title.
