
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 25USC2505]

 
                            TITLE 25--INDIANS
 
              CHAPTER 27--TRIBALLY CONTROLLED SCHOOL GRANTS
 
Sec. 2505. Eligibility for grants


(a) In general

    (1) A tribally controlled school is eligible for assistance under 
this chapter if the school--
        (A) was, on April 28, 1988, a contract school under title XI of 
    the Education Amendments of 1978 [25 U.S.C. 2001 et seq.] and the 
    tribe or tribal organization operating the school submits to the 
    Secretary a written notice of election to receive a grant under this 
    chapter,
        (B) was a Bureau school under title XI of the Education 
    Amendments of 1978 and has met the requirements of subsection (b) of 
    this section,
        (C) is a school for which the Bureau has not provided funds, but 
    which has met the requirements of subsection (c) of this section, or
        (D) is a school with respect to which an election has been made 
    under paragraph (2) and which has met the requirements of subsection 
    (b) of this section.

    (2) Any application which has been submitted under the Indian Self-
Determination and Education Assistance Act [25 U.S.C. 450 et seq.] by an 
Indian tribe for a school which is not in operation on April 28, 1988, 
shall be reviewed under the guidelines and regulations for applications 
submitted under the Indian Self-Determination and Education Assistance 
Act that were in effect at the time the application was submitted, 
unless the Indian tribe or tribal organization elects to have the 
application reviewed under the provisions of subsection (b) of this 
section.

(b) Additional requirements for Bureau schools and certain electing 
        schools

    (1) A school that was a Bureau funded school under title XI of the 
Education Amendments of 1978 [25 U.S.C. 2001 et seq.] on April 28, 
1988.,\1\ and any school with respect to which an election is made under 
subsection (a)(2) of this section, meets the requirements of this 
subsection if--
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    \1\ So in original.
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        (A) the Indian tribe or tribal organization that operates, or 
    desires to operate, the school submits to the Secretary an 
    application 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 of 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)(A) By no 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) if the school is not being operated by the Indian tribe or 
    tribal organization, whether to transfer operation of the school to 
    the Indian tribe or tribal organization, and
        (ii) whether the school is eligible for assistance under this 
    chapter.

    (B) 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 Indian tribe or tribal organization 
    is not already operating the school, and
        (ii) shall determine that the school is eligible for assistance 
    under this chapter,

unless the Secretary finds by clear and convincing evidence that the 
services to be provided by the Indian tribe or tribal organization will 
be deleterious to the welfare of the Indians served by the school.
    (C) 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 procedures,
        (iii) substantive knowledge of operating the school,
        (iv) adequately trained personnel, or
        (v) any other necessary components in the operation of the 
    school.

(c) Additional requirements for school which is not a Bureau funded 
        school

    (1) A school which is not a Bureau funded school under title XI of 
the Education Amendments of 1978 [25 U.S.C. 2001 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 
    application requesting a determination by the Secretary of 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)(A) By no 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 whether the school is eligible for 
assistance under this chapter.
    (B) In making the determination under subparagraph (A), the 
Secretary shall give equal consideration to each of the following 
factors:
        (i) with respect to the applicant's proposal--
            (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 applicant's program plans;
            (IV) geographic proximity of comparable public education; 
        and
            (V) the needs as expressed by all affected parties, 
        including but not limited to students, families, tribal 
        governments at both the central and local levels, and school 
        organizations; and

        (ii) with respect to all education services already available--
            (I) geographic and demographic factors in the affected 
        areas;
            (II) adequacy and comparability of programs already 
        available;
            (III) consistency of available programs with tribal 
        education codes or tribal legislation to education; and
            (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.

    (C) The Secretary may not make a determination under this paragraph 
that is primarily based upon the geographic proximity of comparable 
public education.
    (D) Applications submitted under paragraph (1)(A) shall include 
information on the factors described in subparagraph (B)(i), but the 
applicant may also provide the Secretary such information relative to 
the factors described in subparagraph (B)(ii) as the applicant considers 
appropriate.
    (E) If the Secretary fails to make a determination under 
subparagraph (A) with respect to an application within 180 days after 
the date on which the Secretary received the application, the Secretary 
shall be treated as having made a determination that the tribally 
controlled school is eligible for assistance under the title \2\ and the 
grant shall become effective 18 months after the date on which the 
Secretary received the application, or an earlier date, at the 
Secretary's discretion.
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    \2\ See References in Text note below.
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(d) Applications and reports

    (1) All applications and reports submitted to the Secretary under 
this chapter, and any amendments to such applications or reports, shall 
be filed with the agency or area education officer designated by the 
Director of the Office of Indian Education of the Bureau of Indian 
Affairs. The date on which such filing occurs shall, for purposes of 
this chapter, be treated as the date on which the application or 
amendment is submitted to the Secretary.
    (2) Any application that is submitted under this chapter shall be 
accompanied by a document indicating the action taken by the tribal 
governing body in authorizing such application.

(e) Effective date for approved applications

    Except as provided in subsection (c)(2)(E) of this section, a grant 
provided under this chapter, and any transfer of the operation of a 
Bureau school made under subsection (b) of this section, shall become 
effective beginning with 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) Whenever the Secretary declines to provide a grant under this 
chapter, to transfer operation of a Bureau school under subsection (b) 
of this section, or determines that a school is not eligible for 
assistance under this chapter, the Secretary shall--
        (A) state the objections in writing to the tribe or tribal 
    organization within the allotted time,
        (B) provide assistance to the tribe or tribal organization to 
    overcome all stated objections,
        (C) provide the tribe or tribal organization a hearing on the 
    record, under the same rules and regulations that apply under the 
    Indian Self-Determination and Education Assistance Act [25 U.S.C. 
    450 et seq.], and
        (D) provide an opportunity to appeal the objection raised.

    (2) The Secretary shall reconsider any amended application submitted 
under this chapter within 60 days after the amended application is 
submitted to the Secretary.

(Pub. L. 100-297, title V, Sec. 5206, Apr. 28, 1988, 102 Stat. 388; Pub. 
L. 100-427, Sec. 11, Sept. 9, 1988, 102 Stat. 1608; Pub. L. 105-362, 
title VIII, Sec. 801(d), Nov. 10, 1998, 112 Stat. 3288.)

                       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, 
as amended. Title XI of the Education Amendments of 1978 is classified 
principally to chapter 22 (Sec. 2001 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.
    The Indian Self-Determination and Education Assistance Act, referred 
to in subsecs. (a)(2) and (f)(1)(C), is Pub. L. 93-638, Jan. 4, 1975, 88 
Stat. 2203, as amended, which is classified principally to subchapter II 
(Sec. 450 et seq.) 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.
    The title, referred to in subsec. (c)(2)(D), 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 chapter. For complete classification of part B to the 
Code, see Short Title note set out under section 2501 of this title and 
Tables.


                               Amendments

    1998--Subsec. (g). Pub. L. 105-362 struck out heading and text of 
subsec. (g). Text read as follows: ``The Bureau shall submit an annual 
report to the Congress on all applications received, and actions taken 
(including the costs associated with such actions), under this section 
at the same time that the President is required to submit to the 
Congress the budget under section 1105 of title 31.''
    1988--Subsec. (a)(1)(A), (B). Pub. L. 100-427, Sec. 11(a), amended 
subpars. (A) and (B) generally. Prior to amendment, subpars. (A) and (B) 
read as follows:
    ``(A) was, on April 28, 1988, a school which received funds under 
the authority of the Indian Self-Determination and Education Assistance 
Act (25 U.S.C. 450, et seq.),
    ``(B) was a school operated (as either an elementary or secondary 
school or a combined program) by the Bureau and has met the requirements 
of subsection (b) of this section,''.
    Subsec. (b)(1). Pub. L. 100-427, Sec. 11(b), in introductory 
provisions, substituted ``A school that was a Bureau funded school under 
title XI of the Education Amendments of 1978 on April 28, 1988.'' for 
``Any school that was operated as a Bureau school on April 28, 1988''.
    Subsec. (c). Pub. L. 100-427, Sec. 11(c), substituted ``school which 
is not Bureau funded school'' for ``schools that have not received 
Bureau funds'' in heading and substituted ``A school which is not a 
Bureau funded school under title XI of the Education Amendments of 
1978'' for ``A school for which the Bureau has not provided funds'' in 
par. (1).
    Subsec. (d)(1). Pub. L. 100-427, Sec. 11(d), substituted ``Bureau of 
Indian Affairs'' for ``Department of Education''.
    Subsec. (f)(1)(C). Pub. L. 100-427, Sec. 11(e), inserted ``on the 
record'' after ``hearing''.

                  Section Referred to in Other Sections

    This section is referred to in section 2506 of this title.
