25 U.S.C. § 2004 : US Code - Section 2004: School boundaries

Search 25 U.S.C. § 2004 : US Code - Section 2004: School boundaries

(a) Establishment by Secretary
The Secretary shall establish, by regulation, separate
geographical attendance areas for each Bureau-funded school.
(b) Establishment by tribal body
In any case where there is more than one Bureau-funded school
located on an Indian reservation, at the direction of the tribal
governing body, the relevant school boards of the Bureau-funded
schools on the reservation may, by mutual consent, establish the
relevant attendance areas for such schools, subject to the approval
of the tribal governing body. Any such boundaries so established
shall be accepted by the Secretary.
(c) Boundary revisions
(1) Notice
On or after July 1, 2001, no geographical attendance area shall
be revised or established with respect to any Bureau-funded
school unless the tribal governing body or the local school board
concerned (if so designated by the tribal governing body) has
been afforded -
(A) at least 6 months notice of the intention of the Bureau
to revise or establish such attendance area; and
(B) the opportunity to propose alternative boundaries.
(2) Revision process
Any tribe may petition the Secretary for revision of existing
attendance area boundaries. The Secretary shall accept such
proposed alternative or revised boundaries unless the Secretary
finds, after consultation with the affected tribe or tribes, that
such revised boundaries do not reflect the needs of the Indian
students to be served or do not provide adequate stability to all
of the affected programs. The Secretary shall cause such
revisions to be published in the Federal Register.
(3) Tribal resolution determination
Nothing in this section shall deny a tribal governing body the
authority, on a continuing basis, to adopt a tribal resolution
allowing parents the choice of the Bureau-funded school their
children may attend, regardless of the attendance boundaries
established under this section.
(d) Funding restrictions
(1) In general
The Secretary shall not deny funding to a Bureau-funded school
for any eligible Indian student attending the school solely
because that student's home or domicile is outside of the
geographical attendance area established for that school under
this section.
(2) Transportation
No funding shall be made available without tribal authorization
to enable a school to provide transportation for any student to
or from the school and a location outside the approved attendance
area of the school.
(e) Reservation as boundary
When there is only one Bureau-funded program located on an Indian
reservation -
(1) the attendance area for the program shall be the boundaries
(established by treaty, agreement, legislation, court decisions,
or executive decisions and as accepted by the tribe) of the
reservation served; and
(2) those students residing near the reservation shall also
receive services from such program.
(f) Off-reservation home-living (dormitory) schools
(1) In general
Notwithstanding any geographical attendance areas, attendance
at off-reservation home-living (dormitory) schools shall include
students requiring special emphasis programs to be implemented at
each off-reservation home-living (dormitory) school.
(2) Coordination
Such attendance shall be coordinated between education line
officers, the family, and the referring and receiving programs.