1995 US Code
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

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§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) of such Act [20 U.S.C. 5895(b)(4)].

(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 213(a) of the Goals 2000: Educate America Act [20 U.S.C. 5843(a)], 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 1 (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.

(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 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.

(5) 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, §1121, as added Pub. L. 103–382, title III, §381, Oct. 20, 1994, 108 Stat. 3979.)

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 (§5801 et seq.) of Title 20, Education (except subchapters V (§5931 et seq.) and IX (§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.

The Tribally Controlled Schools Act of 1988, referred to in subsecs. (h)(5)(C) and (j)(1)(C), is part B (§§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 (§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 (§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, §1121, Nov. 1, 1978, 92 Stat. 2316; Pub. L. 96–46, §2(b)(2)–(4), Aug. 6, 1979, 93 Stat. 341; Pub. L. 96–88, title III, §301(a)(1), title V, §507, Oct. 17, 1979, 93 Stat. 677, 692; Pub. L. 98–511, title V, §502, Oct. 19, 1984, 98 Stat. 2391; Pub. L. 99–89, §2, Aug. 15, 1985, 99 Stat. 379; Pub. L. 99–570, title IV, §4133(b)(3), Oct. 27, 1986, 100 Stat. 3207–134; Pub. L. 100–297, title V, §§5102, 5104, Apr. 28, 1988, 102 Stat. 363, 365; Pub. L. 100–427, §1(a), (b), Sept. 9, 1988, 102 Stat. 1603; Pub. L. 102–531, title III, §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.

Short Title of 1988 Amendment

Section 5101 of Pub. L. 100–297 provided that: “This part [part A (§§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 Economic and Educational Opportunities] 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, §4, Oct. 26, 1992, 106 Stat. 3437, 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, directed Secretary, prior to the expiration of the 12-month period following the date of the agreement, to report to Congress the results of the demonstration project carried out pursuant to such agreement, together with recommendations of the Secretary, and authorized to be appropriated sums necessary to carry out this section.

White House Conference on Indian Education

Part E (§§5501–5508) of title V of Pub. L. 100–297, as amended by Pub. L. 100–427, §26, Sept. 9, 1988, 102 Stat. 1614; Pub. L. 101–301, §5(e), May 24, 1990, 104 Stat. 208; Pub. L. 102–27, title III, §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, 2019, 2506 of this title.

1 So in original. Probably should be “subsections”.