1995 US Code
Title 25 - INDIANS
CHAPTER 27 - TRIBALLY CONTROLLED SCHOOL GRANTS
Sec. 2506 - Duration of eligibility determination

View Metadata

§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—

(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.

(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, §5207, Apr. 28, 1988, 102 Stat. 391; Pub. L. 100–427, §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 (§2001 et seq.) of this title by Pub. L. 103–382, title III, §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, which is classified generally to chapter 75 (§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 (§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, §12(a), substituted “as recognized by” for “as determined by”.

Subsec. (c)(1)(A)(ii)(V). Pub. L. 100–427, §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, §12(d), added subsec. (d).

Section Referred to in Other Sections

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

1 See References in Text note below.

2 See References in Text note below.