
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: 25USC2506]

 
                            TITLE 25--INDIANS
 
              CHAPTER 27--TRIBALLY CONTROLLED SCHOOL GRANTS
 
Sec. 2506. 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 revoked 
by the Secretary, and the requirements of subsection (b) or (c) of 
section 2505 of this title, if applicable, shall be considered to have 
been met with respect to such school until the eligibility determination 
is revoked by the Secretary.

(b) Annual reports

    Each recipient of a grant provided under this chapter shall submit 
to the Secretary and to the tribal governing body (within the meaning of 
section 1121(j) \1\ of the Education Amendments of 1978) of the tribally 
controlled school an annual report that shall be limited to--
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    \1\ See References in Text note below.
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        (1) an annual financial statement reporting revenue and 
    expenditures as defined by the cost accounting established by the 
    grantee;
        (2) a biannual financial audit conducted pursuant to the 
    standards of the Single Audit Act of 1984 [31 U.S.C. 7501 et seq.];
        (3) an annual submission to the Secretary of the number of 
    students served and a brief description of programs offered under 
    the grant; and
        (4) a program evaluation conducted by an impartial entity, to be 
    based on the standards established for purposes of subsection 
    (c)(1)(A)(ii) of this section.

(c) Revocation of eligibility

    (1)(A) The Secretary shall not revoke a determination that a school 
is eligible for assistance under this chapter if--
        (i) the Indian tribe or tribal organization submits the reports 
    required under subsection (b) of this section with respect to the 
    school, and
        (ii) at least one of the following subclauses applies with 
    respect to the school:
            (I) The school is certified or accredited by a State or 
        regional accrediting association as recognized by the Secretary 
        of Education, 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 
        students within the education programs are, or will be, accepted 
        at grade level by a State certified or regionally accredited 
        institution.
            (II) A determination made by the Secretary that there is a 
        reasonable expectation that the accreditation described in 
        subclause (I), or the candidacy in good standing for such 
        accreditation, will be reached by the school within 3 years and 
        that the program offered by the school is beneficial to the 
        Indian students.
            (III) The school is accredited by a tribal department of 
        education if such accreditation is accepted by a generally 
        recognized regional or State accreditation agency.
            (IV) The school accepts the standards promulgated under 
        section 1121 of the Education Amendments of 1978 [25 U.S.C. 
        2001] and an evaluation of performance is conducted under this 
        section in conformance with the regulations pertaining to Bureau 
        operated schools by an impartial evaluator chosen by the 
        grantee, but no grantee shall be required to comply with these 
        standards to a higher degree than a comparable Bureau operated 
        school.
            (V) A positive evaluation of the school is conducted once 
        every 3 years under standards adopted by the contractor under a 
        contract for a school entered into under the Indian Self-
        Determination and Education Assistance Act [25 U.S.C. 450 et 
        seq.] (or revisions of such standards agreed to by the Secretary 
        and the grantee) prior to April 28, 1988, such evaluation to be 
        conducted by an impartial evaluator agreed to by the Secretary 
        and the grantee. If the Secretary and a grantee other than the 
        tribal governing body fail to agree on such an evaluator, the 
        tribal governing body shall choose the evaluator or perform the 
        evaluation. If the Secretary and a grantee which is the tribal 
        governing body fail to agree on such an evaluator, this 
        subclause shall not apply.

    (B) The choice of standards employed for purposes of subparagraph 
(A)(ii) shall be consistent with section 1121(e) \2\ of the Education 
Amendments of 1978.
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    \2\ See References in Text note below.
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    (2) The Secretary shall not revoke a determination that a school is 
eligible for assistance under this chapter, or reassume control of a 
school that was a Bureau school prior to approval of an application 
submitted under section 2505(b)(1)(A) of this title, until the 
Secretary--
        (A) provides notice to the tribally controlled school and the 
    tribal governing body (within the meaning of section 1121(j) \2\ of 
    the Education Amendments of 1978) of the tribally controlled school 
    which states--
            (i) the specific deficiencies that led to the revocation or 
        resumption determination, and
            (ii) the actions that are needed to remedy such 
        deficiencies, and

        (B) affords such authority an opportunity to effect any remedial 
    actions.

The Secretary shall provide such technical assistance as is necessary to 
effect such remedial actions. Such notice and technical assistance shall 
be in addition to a hearing and appeal to be conducted pursuant to the 
regulations described in section 2505(f)(1)(C) of this title.

(d) Applicability of section pursuant to election under section 2508(b)

    With respect to a tribally controlled school which receives 
assistance under this chapter pursuant to an election made under section 
2508(b) of this title--
        (1) subsection (b) of this section shall apply; and
        (2) the Secretary may not revoke eligibility for assistance 
    under this chapter except in conformance with subsection (c) of this 
    section.

(Pub. L. 100-297, title V, Sec. 5207, Apr. 28, 1988, 102 Stat. 391; Pub. 
L. 100-427, Sec. 12, Sept. 9, 1988, 102 Stat. 1608.)

                       References in Text

    Section 1121 of the Education Amendments of 1978, referred to in 
subsecs. (b) and (c)(1)(A)(ii)(IV), (B), (2)(A), means section 1121 of 
Pub. L. 95-561, which was classified to section 2001 of this title, 
prior to the general amendment of chapter 22 (Sec. 2001 et seq.) of this 
title by Pub. L. 103-382, title III, Sec. 381, Oct. 20, 1994, 108 Stat. 
3979. Pub. L. 103-382 enacted a new section 1121 of Pub. L. 95-561 which 
is classified to section 2001 of this title and which contains in 
subsecs. (f) and (k) provisions similar to those contained in subsecs. 
(e) and (j), respectively, of former section 2001 of this title.
    The Single Audit Act of 1984, referred to in subsec. (b)(2), is Pub. 
L. 98-502, Oct. 19, 1984, 98 Stat. 2327, as amended, which is classified 
generally to chapter 75 (Sec. 7501 et seq.) of Title 31, Money and 
Finance. For complete classification of this Act to the Code, see Short 
Title note set out under section 7501 of Title 31 and Tables.
    The Indian Self-Determination and Education Assistance Act, referred 
to in subsec. (c)(1)(A)(ii)(V), 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.


                               Amendments

    1988--Subsec. (c)(1)(A)(ii)(I). Pub. L. 100-427, Sec. 12(a), 
substituted ``as recognized by'' for ``as determined by''.
    Subsec. (c)(1)(A)(ii)(V). Pub. L. 100-427, Sec. 12(b), inserted 
``(or revisions of such standards agreed to by the Secretary and the 
grantee)'' after ``Education Assistance Act'' and substituted ``If the 
Secretary and a grantee other than the tribal governing body fail to 
agree on such an evaluator, the tribal governing body shall choose the 
evaluator or perform the evaluation. If the Secretary and a grantee 
which is the tribal governing body fail to agree on such an evaluator, 
this subclause shall not apply.'' for ``Upon failure to agree on such an 
evaluator, the governing body of the tribe shall choose the evaluator or 
perform the evaluation.''
    Subsec. (d). Pub. L. 100-427, Sec. 12(d), added subsec. (d).

                  Section Referred to in Other Sections

    This section is referred to in section 2508 of this title.
