25 U.S.C. § 2505 : US Code - Section 2505: Duration of eligibility determination

Search 25 U.S.C. § 2505 : US Code - Section 2505: 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 2504 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
(1) In general
Each recipient of a grant provided under this chapter shall
complete an annual report which shall be limited to -
(A) an annual financial statement reporting revenue and
expenditures as defined by the cost accounting established by
the grantee;
(B) an annual financial audit conducted pursuant to the
standards of the Single Audit Act of 1984 [31 U.S.C. 7501 et
seq.];
(C) a biennial compliance audit of the procurement of
personal property during the period for which the report is
being prepared that shall be in compliance with written
procurement standards that are developed by the local school
board;
(D) an annual submission to the Secretary of the number of
students served and a brief description of programs offered
under the grant; and
(E) a program evaluation conducted by an impartial evaluation
review team, to be based on the standards established for
purposes of subsection (c)(1)(A)(ii) (!1) of this section.
(2) Evaluation review teams
Where appropriate, other tribally controlled schools and
representatives of tribally controlled community colleges shall
make up members of the evaluation review teams.
(3) Evaluations
In the case of a school which is accredited, evaluations will
be conducted at intervals under the terms of accreditation.
(4) Submission of report
(A) To tribal governing body
Upon completion of the report required under paragraph (1),
the recipient of the grant shall send (via first class mail,
return receipt requested) a copy of such annual report to the
tribal governing body (as defined in section 2012(f) of this
title) of the tribally controlled school.
(B) To Secretary
Not later than 30 days after receiving written confirmation
that the tribal governing body has received the report sent
pursuant to subparagraph (A), the recipient of the grant shall
send a copy of the report to the Secretary.
(c) Revocation of eligibility
(1) Determination of eligibility for assistance
The Secretary shall not revoke a determination that a school is
eligible for assistance under this chapter if -
(A) the Indian tribe or tribal organization submits the
reports required under subsection (b) of this section with
respect to the school; and
(B) at least one of the following clauses applies with
respect to the school:
(i) The school is certified or accredited by a State or
regional accrediting association 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 the students within the education programs are,
or will be, accepted at grade level by a State certified or
regionally accredited institution.
(ii) The Secretary determines that there is a reasonable
expectation that the certification or accreditation described
in clause (i), or candidacy in good standing for such
certification or accreditation, will be achieved by the
school within 3 years. The school seeking accreditation shall
remain under the standards of the Bureau in effect on January
8, 2002, until such time as the school is accredited, except
that if the Bureau standards are in conflict with the
standards of the accrediting agency, the standards of such
agency shall apply in such case.
(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)(I) With respect to a school that lacks accreditation,
or that is not a candidate for accreditation, based on
circumstances that are not beyond the control of the school
board, every 3 years an impartial evaluator agreed upon by
the Secretary and the grant recipient conducts evaluations of
the school, and the school receives a positive assessment
under such evaluations. The evaluations are conducted under
standards adopted by a contractor under a contract for the
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 grant recipient) prior to January 8, 2002.
(II) If the Secretary and a grant recipient other than a
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 grant recipient that
is a tribal governing body fail to agree on such an
evaluator, subclause (I) shall not apply.
(III) A positive assessment by an impartial evaluator under
this clause shall not affect the revocation of a
determination of eligibility by the Secretary where such
revocation is based on circumstances that were within the
control of the school board.
(2) Notice requirements for revocation
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) (!2) of this
title until the Secretary -
(A) provides notice to the tribally controlled school and the
tribal governing body (within the meaning of section 2021 of
this title) 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 the
remedial actions.
(3) Technical assistance
The Secretary shall provide such technical assistance to enable
the school and governing body to carry out such remedial actions.
(4) Hearing and appeal
In addition to notice and technical assistance under this
subsection, the Secretary shall provide to the school and
governing body -
(A) at the request of the school or governing body, a hearing
on the record regarding the revocation or reassumption
determination, to be conducted under the rules and regulations
described in section 2505(f)(1)(C) (!3) of this title; and
(B) an opportunity to appeal the decision resulting from the
hearing.
(d) Applicability of section pursuant to election under section
2507(b)
With respect to a tribally controlled school that receives
assistance under this chapter pursuant to an election made under
section 2507(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.