25 U.S.C. § 2001 : US Code - Section 2001: Accreditation for the basic education of Indian children in Bureau of Indian Affairs schools

Search 25 U.S.C. § 2001 : US Code - Section 2001: Accreditation for the basic education of Indian children in Bureau of Indian Affairs schools

(a) Purpose; declarations of purpose
(1) Purpose
The purpose of the accreditation required under this section
shall be to ensure that Indian students being served by a school
funded by the Bureau of Indian Affairs are provided with
educational opportunities that equal or exceed those for all
other students in the United States.
(2) Declarations of purpose
Local school boards for schools operated by the Bureau of
Indian Affairs, in cooperation and consultation with the
appropriate tribal governing bodies and their communities, are
encouraged to adopt declarations of purpose for education for
their communities, taking into account the implications of such
declarations on education in their communities and for their
schools. In adopting such declarations of purpose, the school
boards shall consider the effect the declarations may have on the
motivation of students and faculties.
(b) Accreditation
(1) Deadline
(A) In general
Not later than 24 months after January 8, 2002, each Bureau-
funded school shall, to the extent that necessary funds are
provided, be a candidate for accreditation or be accredited -
(i) by a tribal accrediting body, if the accreditation
standards of the tribal accrediting body have been accepted
by formal action of the tribal governing body and such
accreditation is acknowledged by a generally recognized State
certification or regional accrediting agency;
(ii) by a regional accreditation agency;
(iii) by State accreditation standards for the State in
which the Bureau-funded school is located; or
(iv) in the case of a Bureau-funded school that is located
on a reservation that is located in more than one State, in
accordance with the State accreditation standards of one
State as selected by the tribal government.
(B) Feasibility study
Not later than 12 months after January 8, 2002, the Secretary
of the Interior and the Secretary of Education shall, in
consultation with Indian tribes, Indian education
organizations, and accrediting agencies, develop and submit to
the appropriate committees of Congress a report on the
desirability and feasibility of establishing a tribal
accreditation agency that would -
(i) review and acknowledge the accreditation standards for
Bureau-funded schools; and
(ii) establish accreditation procedures to facilitate the
application, review of the standards and review processes,
and recognition of qualified and credible tribal departments
of education as accrediting bodies serving tribal schools.
(2) Determination of accreditation to be applied
The accreditation type applied for each school shall be
determined by the tribal governing body, or the school board, if
authorized by the tribal governing body.
(3) Assistance to school boards
(A) In general
The Secretary, through contracts and grants, shall provide
technical and financial assistance to Bureau-funded schools, to
the extent that necessary amounts are made available, to enable
such schools to obtain the accreditation required under this
subsection, if the school boards request that such assistance,
in part or in whole, be provided.
(B) Entities through which assistance may be provided
The Secretary may provide such assistance directly or through
the Department of Education, an institution of higher
education, a private not-for-profit organization or for-profit
organization, an educational service agency, or another entity
with demonstrated experience in assisting schools in obtaining
accreditation.
(4) Application of current standards during accreditation
A Bureau-funded school that is seeking accreditation shall
remain subject to the standards issued under this section (!1)
and in effect on the day before January 8, 2002, until such time
as the school is accredited, except that if any of such standards
are in conflict with the standards of the accrediting agency, the
standards of such agency shall apply in such case.
(5) Annual report on unaccredited schools
Not later than 90 days after the end of each school year, the
Secretary shall prepare and submit to the Committee on
Appropriations, the Committee on Education and the Workforce, and
the Committee on Resources of the House of Representatives and
the Committee on Appropriations, the Committee on Indian Affairs,
and the Committee on Health, Education, Labor, and Pensions of
the Senate, a report concerning unaccredited Bureau-funded
schools that -
(A) identifies those Bureau-funded schools that fail to be
accredited or to be candidates for accreditation within the
period provided for in paragraph (1);
(B) with respect to each Bureau-funded school identified
under subparagraph (A), identifies the reasons that each such
school is not accredited or a candidate for accreditation, as
determined by the appropriate accreditation agency, and a
description of any possible way in which to remedy such
nonaccreditation; and
(C) with respect to each Bureau-funded school for which the
reported reasons for the lack of accreditation under
subparagraph (B) are a result of the school's inadequate basic
resources, contains information and funding requests for the
full funding needed to provide such schools with accreditation,
such funds if provided shall be applied to such unaccredited
school under this paragraph.
(6) Opportunity to review and present evidence
(A) In general
Prior to including a Bureau-funded school in an annual report
required under paragraph (5), the Secretary shall -
(i) ensure that the school has exhausted all administrative
remedies provided by the accreditation agency; and
(ii) provide the school with an opportunity to review the
data on which such inclusion is based.
(B) Provision of additional information
If the school board of a school that the Secretary has
proposed for inclusion in an annual report under paragraph (5)
believes that such inclusion is in error, the school board may
provide to the Secretary such information as the board believes
is in conflict with the information and conclusions of the
Secretary with respect to the determination to include the
school in such annual report. The Secretary shall consider such
information provided by the school board before making a final
determination concerning the inclusion of the school in any
such report.
(C) Publication of accreditation status
Not later than 30 days after making an initial determination
to include a school in an annual report under paragraph (5),
the Secretary shall make public the final determination on the
accreditation status of the school.
(7) School plan
(A) In general
Not later than 120 days after the date on which a school is
included in an annual report under paragraph (5), the school
shall develop a school plan, in consultation with interested
parties including parents, school staff, the school board, and
other outside experts (if appropriate), that shall be submitted
to the Secretary for approval. The school plan shall cover a 3-
year period and shall -
(i) incorporate strategies that address the specific issues
that caused the school to fail to be accredited or fail to be
a candidate for accreditation;
(ii) incorporate policies and practices concerning the
school that have the greatest likelihood of ensuring that the
school will obtain accreditation during the 3-year period
beginning on the date on which the plan is implemented;
(iii) contain an assurance that the school will reserve the
necessary funds, from the funds described in paragraph (3),
for each fiscal year for the purpose of obtaining
accreditation;
(iv) specify how the funds described in clause (iii) will
be used to obtain accreditation;
(v) establish specific annual, objective goals for
measuring continuous and significant progress made by the
school in a manner that will ensure the accreditation of the
school within the 3-year period described in clause (ii);
(vi) identify how the school will provide written
notification about the lack of accreditation to the parents
of each student enrolled in such school, in a format and, to
the extent practicable, in a language the parents can
understand; and
(vii) specify the responsibilities of the school board and
any assistance to be provided by the Secretary under
paragraph (3).
(B) Implementation
A school shall implement the school plan under subparagraph
(A) expeditiously, but in no event later than the beginning of
the school year following the school year in which the school
was included in the annual report under paragraph (5) so long
as the necessary resources have been provided to the school.
(C) Review of plan
Not later than 45 days after receiving a school plan, the
Secretary shall -
(i) establish a peer-review process to assist with the
review of the plan; and
(ii) promptly review the school plan, work with the school
as necessary, and approve the school plan if the plan meets
the requirements of this paragraph.
(8) Corrective action
(A) Definition
In this subsection, the term "corrective action" means any
action that -
(i) substantially and directly responds to -
(I) the failure of a school to achieve accreditation; and
(II) any underlying staffing, curriculum, or other
programmatic problem in the school that contributed to the
lack of accreditation; and
(ii) is designed to increase substantially the likelihood
that the school will be accredited.
(B) Waiver
The Secretary shall grant a waiver which shall exempt a
school from any or all of the requirements of this paragraph
and paragraph (7) (though such school shall be required to
comply with the standards contained in part 36 of title 25,
Code of Federal Register,(!2) as in effect on January 8, 2002)
if the school -
(i) is identified in the report described in paragraph
(5)(C); and
(ii) fails to be accredited for reasons that are beyond the
control of the school board, as determined by the Secretary,
including, but not limited to -
(I) a significant decline in financial resources;
(II) the poor condition of facilities, vehicles, or other
property; and
(III) a natural disaster.
(C) Duties of Secretary
After providing assistance to a school under paragraph (3),
the Secretary shall -
(i) annually review the progress of the school under the
applicable school plan to determine whether the school is
meeting, or making adequate progress toward achieving the
goals described in paragraph (7)(A)(v) with respect to
reaccreditation or becoming a candidate for accreditation;
(ii) except as provided in subparagraph (B), continue to
provide assistance while implementing the school's plan, and,
if determined appropriate by the Secretary, take corrective
action with respect to the school if it fails to be
accredited at the end of the third full year immediately
following the date that the school's plan was first in effect
under paragraph (7);
(iii) provide all students enrolled in a school that is
eligible for a corrective action determination by the
Secretary under clause (ii) with the option to transfer to
another public or Bureau-funded school, including a public
charter school, that is accredited;
(iv) promptly notify the parents of children enrolled in a
school that is eligible for a corrective action determination
by the Secretary under clause (ii) of the option to transfer
their child to another public or Bureau-funded school; and
(v) provide, or pay for the provision of, transportation
for each student described in clause (iii) to the school
described in clause (iii) to which the student elects to be
transferred to the extent funds are available, as determined
by the tribal governing body.
(D) Failure of school plan of Bureau-operated school
With respect to a Bureau-operated school that fails to be
accredited at the end of the third full year immediately
following the date that the school's plan was first in effect
under paragraph (7), the Secretary may take one or more of the
following corrective actions:
(i) Institute and fully implement actions suggested by the
accrediting agency.
(ii) Consult with the tribe involved to determine the
causes for the lack of accreditation including potential
staffing and administrative changes that are or may be
necessary.
(iii) Set aside a certain amount of funds that may only be
used by the school to obtain accreditation.
(iv)(I) Provide the tribe with a 60-day period during which
to determine whether the tribe desires to operate the school
as a contract or grant school before meeting the
accreditation requirements in section 5207(c) of the Tribally
Controlled Schools Act of 1988 (!1) at the beginning of the
next school year following the determination to take
corrective action. If the tribe agrees to operate the school
as a contract or grant school, the tribe shall prepare a
plan, pursuant to paragraph (7), for approval by the
Secretary in accordance with paragraph (7), to achieve
accreditation.
(II) If the tribe declines to assume control of the school,
the Secretary, in consultation with the tribe, may contract
with an outside entity, consistent with applicable law, or
appoint a receiver or trustee to operate and administer the
affairs of the school until the school is accredited. The
outside entity, receiver, or trustee shall prepare a plan,
pursuant to paragraph (7), for approval by the Secretary in
accordance with paragraph (7).
(III) Upon accreditation of the school, the Secretary shall
allow the tribe to continue to operate the school as a grant
or contract school, or if the school is being controlled by
an outside entity, provide the tribe with the option to
assume operation of the school as a contract school, in
accordance with the Indian Self-Determination Act [25 U.S.C.
450f et seq.], or as a grant school in accordance with the
Tribally Controlled Schools Act of 1988 [25 U.S.C. 2501 et
seq.], at the beginning of the school year following the
school year in which the school obtains accreditation. If the
tribe declines, the Secretary may allow the outside entity,
receiver, or trustee to continue the operation of the school
or reassume control of the school.
(E) Failure of school plan of contract or grant school
(i) Corrective action
With respect to a contract or grant school that fails to be
accredited at the end of the third full year immediately
following the date that the school's plan was first in effect
under paragraph (7), the Secretary may take one or more of
the corrective actions described in subparagraph (D)(i) and
(D)(ii). The Secretary shall implement such corrective action
for at least 1 year prior to taking any action described
under clause (ii).
(ii) Outside entity
If the corrective action described in clause (i) does not
result in accreditation of the school, the Secretary, in
conjunction with the tribal governing body, may contract with
an outside entity to operate the school in order to achieve
accreditation of the school within 2 school years. Prior to
entering into such a contract, the Secretary shall develop a
proposal for such operation which shall include, at a
minimum, the following elements:
(I) The identification of one or more outside entities
each of which has demonstrated to the Secretary its ability
to develop a satisfactory plan for achieving accreditation
and its willingness and availability to undertake such a
plan.
(II) A plan for implementing operation of the school by
such an outside entity, including the methodology for
oversight and evaluation of the performance of the outside
entity by the Secretary and the tribe.
(iii) Proposal amendments
The tribal governing body shall have 60 days to amend the
plan developed pursuant to clause (ii), including identifying
another outside entity to operate the school. The Secretary
shall reach agreement with the tribal governing body on the
proposal and any such amendments to the plan not later than
30 days after the expiration of the 60-day period described
in the preceding sentence. After the approval of the proposal
and any amendments, the Secretary, with continuing
consultation with such tribal governing body, shall implement
the proposal.
(iv) Accreditation
Upon accreditation of the school, the tribe shall have the
option to assume the operation and administration of the
school as a contract school after complying with the Indian
Self-Determination Act [25 U.S.C. 450f et seq.], or as a
grant school, after complying with the Tribally Controlled
Schools Act of 1988 [25 U.S.C. 2501 et seq.], at the
beginning of the school year following the year in which the
school obtains accreditation.
(v) Retrocede
Nothing in this subparagraph shall limit a tribe's right to
retrocede operation of a school to the Secretary pursuant to
section 105(e) of the Indian Self-Determination Act [25
U.S.C. 450j(e)] (with respect to a contract school) or
section 5204(f) of the Tribally Controlled Schools Act of
1988 (!1) (with respect to a grant school).
(vi) Consistent
The provisions of this subparagraph shall be construed to
be consistent with the provisions of the Tribally Controlled
Schools Act of 1988 [25 U.S.C. 2501 et seq.] and the Indian
Self-Determination Act [25 U.S.C. 450f et seq.] as in effect
on the day before January 8, 2002, and shall not be construed
as expanding the authority of the Secretary under any other
law.
(F) Hearing
With respect to a school that is operated pursuant to a
grant, or a school that is operated under a contract under the
Indian Self-Determination Act [25 U.S.C. 450f et seq.], prior
to implementing any corrective action under this paragraph, the
Secretary shall provide notice and an opportunity for a hearing
to the affected school pursuant to section 5207 of the Tribally
Controlled Schools Act of 1988.(!1)
(9) Statutory construction
Nothing in this section shall be construed to alter or
otherwise affect the rights, remedies, and procedures afforded to
school employees under applicable law (including applicable
regulations or court orders) or under the terms of any collective
bargaining agreement, memorandum of understanding, or other
agreement between such employees and their employers.
(10) Fiscal control and fund accounting standards
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
and grant schools. Such standards shall provide data comparable
to those used by Bureau-operated schools.
(c) Annual plan
(1) In general
Except as provided in subsection (b) of this section, the
Secretary shall implement the standards in effect under this
section (!1) on the day before January 8, 2002.
(2) Plan
On an annual basis, the Secretary shall submit to the
appropriate committees of Congress, all Bureau-funded schools,
and the tribal governing bodies of such schools a detailed plan
to ensure that all Bureau-funded schools are accredited, or if
such schools are in the process of obtaining accreditation that
such schools meet the Bureau standards in effect on the day
before January 8, 2002, to the extent that such standards do not
conflict with the standards of the accrediting agency. Such plan
shall include detailed information on the status of each school's
educational program in relation to the applicable standards,
specific cost estimates for meeting such standards at each
school, and specific timelines for bringing each school up to the
level required by such standards.
(d) Closure or consolidation of schools
(1) In general
Except as specifically required by law -
(A) no Bureau-funded school or dormitory operated on or after
January 1, 1992, may be closed, consolidated, or transferred to
another authority; and
(B) no program of such a school may be substantially
curtailed except in accordance with the requirements of this
subsection.
(2) Exceptions
This subsection (other than this paragraph) shall not apply -
(A) in those cases in which the tribal governing body for a
school, or the local school board concerned (if designated by
the tribal governing body to act under this paragraph),
requests the closure, consolidation, or substantial
curtailment; or
(B) if a temporary closure, consolidation, or substantial
curtailment is required by facility conditions that constitute
an immediate hazard to health and safety.
(3) Regulations
The Secretary shall, by regulation, promulgate standards and
procedures for the closure, transfer to another authority,
consolidation, or substantial curtailment of Bureau schools, in
accordance with the requirements of this subsection.
(4) Notice
(A) In general
In a case in which closure, transfer to another 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 immediately in writing, kept fully and currently
informed, and afforded an opportunity to comment with respect
to such consideration or review.
(B) Decision to close
If a formal decision is made to close, transfer to another
authority, consolidate, or substantially curtail a school, the
affected tribe, tribal governing body, and designated school
board shall be notified not later than 180 days before the end
of the school year preceding the proposed closure date.
(C) Copies
Copies of any such notices and information shall be -
(i) submitted promptly to the appropriate committees of
Congress; and
(ii) published in the Federal Register.
(5) Report
The Secretary shall submit to the appropriate committees of
Congress, the affected tribe, and the designated school board, a
report describing the process of the active consideration or
review referred to in paragraph (4) that includes -
(A) a study of the impact of such action on the student
population;
(B) a description of those students with particular
educational and social needs;
(C) recommendations to ensure that alternative services are
available to such students; and
(D) a description of the consultation conducted between the
potential service provider, current service provider, parents,
tribal representatives and the tribe or tribes involved, and
the Director of the Office of Indian Education Programs within
the Bureau regarding such students.
(6) Limitation on certain actions
No irrevocable action may be taken in furtherance of any such
proposed school closure, transfer to another authority,
consolidation, or substantial curtailment (including any action
which would prejudice the personnel or programs of such school)
prior to the end of the first full academic year after such
report is made.
(7) Approval of Indian tribes
The Secretary shall not terminate, close, consolidate,
contract, transfer to another authority, or take any other action
relating to an elementary school or secondary school (or any
program of such a school) of an Indian tribe without the approval
of the governing body of any Indian tribe that would be affected
by such an action.
(e) Application for contracts or grants for non-Bureau-funded
schools or expansion of Bureau-funded schools
(1) Review by Secretary
(A) Consideration of factors
(i) In general
The Secretary shall consider only the factors described in
subparagraph (B) 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) No denial based on geographic proximity
With respect to applications described in this
subparagraph, the Secretary shall give consideration to all
factors described in subparagraph (B), but no such
application shall be denied based primarily upon the
geographic proximity of comparable public education.
(B) Factors
With respect to applications described in subparagraph (A),
the Secretary shall consider the following factors relating to
the program and services that are the subject of the
application:
(i) The adequacy of the facilities or the potential to
obtain or provide adequate facilities.
(ii) Geographic and demographic factors in the affected
areas.
(iii) The adequacy of the applicant's program plans or, in
the case of a Bureau-funded school, of projected needs
analysis done either by the tribe or the Bureau.
(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.
(vi) Adequacy and comparability of programs already
available.
(vii) Consistency of available programs with tribal
educational codes or tribal legislation on education.
(viii) The history and success of those services for the
proposed population to be served, as determined from all
factors, including standardized examination performance.
(2) Determination on application
(A) In general
Not later than 180 days after the date on which an
application described in paragraph (1)(A) is submitted to the
Secretary, the Secretary shall make a determination of whether
to approve the application.
(B) Failure to make determination
If the Secretary fails to make a determination with respect
to an application by the date described in subparagraph (A),
the application shall be deemed to have been approved by the
Secretary.
(3) Requirements for applications
(A) In general
Notwithstanding paragraph (2)(B), an application described in
paragraph (1)(A) may be approved by 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) Included information
Each application described in paragraph (1)(A) shall include
information concerning each of the factors described in
paragraph (1)(B).
(4) Denial of applications
If the Secretary denies an application described in paragraph
(1)(A), the Secretary shall -
(A) state the objections to the application in writing to the
applicant not later than 180 days after the date the
application is submitted to the Secretary;
(B) provide assistance to the applicant to overcome the
stated objections;
(C) provide to the applicant a hearing on the record
regarding the denial, under the same rules and regulations as
apply under the Indian Self-Determination and Education
Assistance Act [25 U.S.C. 450 et seq.]; and
(D) provide to the applicant a notice of the applicant's
appeals rights and an opportunity to appeal the decision
resulting from the hearing under subparagraph (D).
(5) Effective date of a subject application
(A) In general
Except as otherwise provided in this paragraph, an action
that is the subject of any application described in paragraph
(1)(A) that is approved by the Secretary shall become effective
-
(i) at the beginning of the academic year following the
fiscal year in which the application is approved; or
(ii) at an earlier date determined by the Secretary.
(B) Applications deemed approved
If an application is deemed to have been approved by the
Secretary under paragraph (2)(B), the action that is the
subject of the application shall become effective -
(i) on the date that is 18 months after the date on which
the application is submitted to the Secretary; or
(ii) at an earlier date determined by the Secretary.
(6) Statutory construction
Nothing in this section or any other provision of law, shall be
construed to preclude the expansion of grades and related
facilities at a Bureau-funded school, if such expansion is paid
for with non-Bureau funds. Subject to the availability of
appropriated funds the Secretary is authorized to provide the
necessary funds needed to supplement the cost of operations and
maintenance of such expansion.
(f) Joint administration
Administrative, transportation, and program cost funds received
by Bureau-funded schools, and any program from the Department of
Education or any other Federal agency for the purpose of providing
education or related services, and other funds received for such
education and related services from nonfederally funded programs,
shall be apportioned and the funds shall be retained at the school.
(g) General use of funds
Funds received by Bureau-funded schools from the Bureau of Indian
Affairs, and under any program from the Department of Education or
any other Federal agency, for the purpose of providing education or
related services may be used for schoolwide projects to improve the
educational program for all Indian students.
(h) Study on adequacy of funds and formulas
(1) Study
The Comptroller General of the United States shall conduct a
study to determine the adequacy of funding, and formulas used by
the Bureau to determine funding, for programs operated by Bureau-
funded schools, taking into account unique circumstances
applicable to Bureau-funded schools. The study shall analyze
existing information gathered and contained in germane studies
that have been conducted or are currently being conducted with
regard to Bureau-funded schools.
(2) Action
Upon completion of the study, the Secretary of the Interior
shall take such action as necessary to ensure distribution of the
findings of the study to all affected Indian tribes, local school
boards, and associations of local school boards.