Page 583 TITLE 25—INDIANS § 2010

PRIOR PROVISIONS

A prior section 2009, Pub. L. 95–561, title XI, §1129,

Nov. 1, 1978, 92 Stat. 2321; Pub. L. 98–511, title V, §§506,

507(a), Oct. 19, 1984, 98 Stat. 2395, 2396; Pub. L. 99–89, §6,

Aug. 15, 1985, 99 Stat. 382; Pub. L. 99–570, title IV,

§4133(b)(4), Oct. 27, 1986, 100 Stat. 3207–134; Pub. L.

100–297, title V, §§5109, 5110, 5118, Apr. 28, 1988, 102 Stat.

375, 376, 382; Pub. L. 100–427, §§6, 9(d), Sept. 9, 1988, 102

Stat. 1605, 1607, related to uniform direct funding and

support, prior to the general amendment of this chapter by Pub. L. 103–382.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2006, 2019 of this

title.

§ 2010. Uniform direct funding and support

(a) Establishment of system

(1) Within six months after October 20, 1994,

the Secretary shall establish, by regulation

adopted in accordance with section 2019 of this

title, a system for the direct funding and support of all Bureau funded schools. Such system

shall allot funds, in accordance with section 2007

of this title. All amounts appropriated for distribution under this section may be made available under paragraph (2).

(2)(A) For the purpose of affording adequate

notice of funding available pursuant to the allotments made by section 2007 of this title,

amounts appropriated in an appropriation Act

for any fiscal year shall become available for obligation by the affected schools on July 1 of the

fiscal year in which such amounts are appropriated without further action by the Secretary,

and shall remain available for obligation

through the succeeding fiscal year.

(B) The Secretary shall, on the basis of the

amount appropriated in accordance with this

paragraph—

(i) publish, on July 1 of the fiscal year for

which the funds are appropriated, allotments

to each affected school made under section

2007 of this title of 85 percent of such appropriation; and

(ii) publish, not later than September 30 of

such fiscal year, the allotments to be made

under section 2007 of this title of the remaining 15 percent of such appropriation, adjusted

to reflect actual student attendance.

(3)(A) Notwithstanding any law or regulation,

the supervisor of a Bureau school may expend an

aggregate of not more than $35,000 of the

amount allotted the school under section 2007 of

this title to acquire supplies and equipment for

the school without competitive bidding if—

(i) the cost for any single item purchased

does not exceed $10,000;

(ii) the school board approves the procurement;

(iii) the supervisor certifies that the cost is

fair and reasonable;

(iv) the documents relating to the procurement executed by the supervisor or other

school staff cite this paragraph as authority

for the procurement; and

(v) the transaction is documented in a journal maintained at the school clearly identifying when the transaction occurred, what was

acquired and from whom, the prices paid, the

quantities acquired, and any other information the supervisor or school board considers

relevant.

(B) The Director shall be responsible for determining the application of this paragraph, including the authorization of specific individuals

to carry out this paragraph, and shall be responsible for the provision of guidelines on the use of

this paragraph and adequate training on such

guidelines.

(4) If a sequestration order issued under the

Balanced Budget and Emergency Deficit Control

Act of 1985 reduces the amount of funds available for allotment under section 2007 of this title

for any fiscal year by more than 7 percent of the

amount of funds available for allotment under

such section during the preceding fiscal year—

(A) the Secretary, notwithstanding any

other law, may use—

(i) funds appropriated for the operation of

any Bureau school that is closed or consolidated, and

(ii) funds appropriated for any program

that has been curtailed at any Bureau

school,

to fund allotments made under section 2007 of

this title, and

(B) the Secretary may waive the application

of the provisions of section 2001(h) of this title

with respect to the closure or consolidation of

a school, or the curtailment of a program at a

school, during such fiscal year if the funds described in clauses (i) and (ii) of subparagraph

(A) with respect to such school are used to

fund allotments made under section 2007 of

this title for such fiscal year.

(b) Local financial plans for expenditure of funds

In the case of all Bureau schools, allotted

funds shall be expended on the basis of local financial plans which shall be prepared by the

local school supervisor in active consultation

with the local school board for each school, and

the local school board for each school shall have

the authority to ratify, reject, or amend such financial plan, and expenditures thereunder, and,

on its own determination or in response to the

supervisor of the school, to revise such financial

plan to meet needs not foreseen at the time of

preparation of the financial plan. The supervisor

shall provide the appropriate union representative of the education employees with copies of

proposed draft financial plans and all amendments or modifications thereto, at the same

time such copies are submitted to the local

school board. The supervisor of the school may

appeal any such action of the local school board

to the appropriate education line officer of the

Bureau agency by filing a written statement describing the action and the reasons the supervisor believes such action should be overturned.

A copy of such statement shall be submitted to

the local school board and such board shall be

afforded an opportunity to respond, in writing,

to such appeal. After reviewing such written appeal and response, the appropriate education

line officer may, for good cause, overturn the action of the local school board. The appropriate

line education officer shall transmit the determination of such appeal in the form of a written

opinion to such board and to such supervisor
§ 2010 TITLE 25—INDIANS Page 584

1See References in Text note below.

identifying the reasons for overturning such action.

(c) Use of self-determination grant funds

Funds for self-determination grants under section 450h(a)(2) of this title shall not be used for

providing technical assistance and training in

the field of education by the Bureau unless such

services are provided in accordance with a plan,

agreed to by the tribe or tribes affected and the

Bureau, under which control of education programs is intended to be transferred to such tribe

or tribes within a specific period of time negotiated under such agreement. The Secretary

may approve applications for funding tribal divisions of education and the development of tribal

codes of education from funds appropriated pursuant to section 450h(a) 1 of this title.

(d) Technical assistance and training

In the exercise of its authority under this section, a local school board may request technical

assistance and training from the Secretary, and

the Secretary shall, to the greatest extent possible, provide such services, and make appropriate provisions in the budget of the Office for

such services.

(e) Summer program of academic and support

services

(1) A financial plan under subsection (b) of this

section for a school may include, at the discretion of the local administrator and the school

board of such school, a provision for a summer

program of academic and support services for

students of the school. Any such program may

include activities related to the prevention of

alcohol and substance abuse. The Assistant Secretary of Indian Affairs shall provide for the utilization of any such school facility during any

summer in which such utilization is requested.

(2) Notwithstanding any other provision of

law, funds authorized under the Act of April 16,

1934 (25 U.S.C. 452 et seq.) and this Act may be

used to augment the services provided in each

summer program at the option, and under the

control, of the tribe or Indian controlled school

receiving such funds.

(3) The Assistant Secretary of Indian Affairs,

acting through the Director of the Office, shall

provide technical assistance and coordination

for any program described in paragraph (1) and

shall, to the extent possible, encourage the coordination of such programs with any other

summer programs that might benefit Indian

youth, regardless of the funding source or administrative entity of any such program.

(f) Cooperative agreements

(1) From funds allotted to a Bureau school

under section 2007 of this title, the Secretary

shall, if specifically requested by the tribal governing body (within the meaning of section

2001(k) of this title), implement any cooperative

agreement entered into between the tribe, the

Bureau school board, and the local public school

district which meets the requirements of paragraph (2) and involves the school. The tribe, the

Bureau school board, and the local public school

district shall determine the terms of the agreement. Such agreement may encompass coordination of all or any part of the following:

(A) Academic program and curriculum, unless the Bureau school is currently accredited

by a State or regional accrediting entity and

would not continue to be so accredited.

(B) Support services, including procurement

and facilities maintenance.

(C) Transportation.

(2) Each agreement entered into pursuant to

the authority provided in paragraph (1) shall

confer a benefit upon the Bureau school commensurate with the burden assumed, though

this requirement shall not be construed so as to

require equal expenditures or an exchange of

similar services.

(g) Product or result of student projects

Notwithstanding any other provision of law,

where there is agreement on action between the

superintendent and the school board of a Bureau

funded school, the product or result of a project

conducted in whole or in major part by a student may be given to that student upon the

completion of such project.

(h) Federal matching funds requirements

Notwithstanding any other provision of law,

funds received by a Bureau funded school under

this chapter shall not be considered Federal

funds for purposes of meeting a matching funds

requirement in any Federal program.

(Pub. L. 95–561, title XI, §1130, as added Pub. L.

103–382, title III, §381, Oct. 20, 1994, 108 Stat.

3999.)

REFERENCES IN TEXT

The Balanced Budget and Emergency Deficit Control

Act of 1985, referred to in subsec. (a)(4), is title II of

Pub. L. 99–177, Dec. 12, 1985, 99 Stat. 1038, as amended

which enacted chapter 20 (§900 et seq.) and sections 654

to 656 of Title 2, The Congress, amended sections 602,

622, 631 to 642, and 651 to 653 of Title 2, sections 1104 to

1106, and 1109 of Title 31, Money and Finance, and section 911 of Title 42, The Public Health and Welfare, repealed section 661 of Title 2, enacted provisions set out

as notes under section 900 of Title 2 and section 911 of

Title 42, and amended provisions set out as a note

under section 621 of Title 2. For complete classification

of this Act to the Code, see Short Title note set out

under section 900 of Title 2 and Tables.

Section 450h(a) of this title, referred to in subsec. (c),

was in the original ‘‘section 104(a) of such Act’’, meaning section 104(a) of the Indian Self-Determination and

Education Assistance Act, which was translated as

reading section 103(a) of that Act to reflect the probable intent of Congress, because section 104(a) amended

section 3371 of Title 5, Government Organization and

Employees, but former section 104(a), which was renumbered section 103(a) by Pub. L. 100–472, title II,

§202(a), Oct. 5, 1988, 102 Stat. 2289, authorizes the Secretary of the Interior to contract with and make grants

to tribal organizations.

Act of April 16, 1934, referred to in subsec. (e)(2), is

act Apr. 16, 1934, ch. 147, 48 Stat. 596, as amended, popularly known as the Johnson-O’Malley Act, which is

classified generally to section 452 et seq. of this title.

For complete classification of this Act to the Code, see

Short Title note set out under section 452 of this title

and Tables.

This Act, referred to in subsec. (e)(2), means Pub. L.

95–561, Nov. 1, 1978, 92 Stat. 2143, as amended, known as

the Education Amendments of 1978. For complete classification of this Act to the Code, see Short Title note

set out under section 6301 of Title 20, Education, and

Tables.
Page 585 TITLE 25—INDIANS § 2012

This chapter, referred to in subsec. (h), was in the

original ‘‘this title’’, meaning title XI (§§1101–1152) of

Pub. L. 95–561, which is classified principally to this

chapter. For complete classification of title XI to the

Code, see Tables.

PRIOR PROVISIONS

A prior section 2010, Pub. L. 95–561, title XI, §1130,

Nov. 1, 1978, 92 Stat. 2321; Pub. L. 100–297, title V, §5111,

Apr. 28, 1988, 102 Stat. 376; Pub. L. 100–427, §7, Sept. 9,

1988, 102 Stat. 1605, related to policy for Indian control

of Indian education, prior to the general amendment of

this chapter by Pub. L. 103–382.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2007, 2012, 2017,

2019, 2411 of this title; title 20 section 7816.

§ 2011. Policy for Indian control of Indian education

(a) Facilitation of Indian control

It shall be the policy of the Secretary and the

Bureau, in carrying out the functions of the Bureau, to facilitate Indian control of Indian affairs in all matters relating to education.

(b) Consultation with tribes

(1) All actions under this Act shall be done

with active consultation with tribes.

(2) The consultation required under paragraph

(1) means a process involving the open discussion and joint deliberation of all options with

respect to potential issues or changes between

the Bureau and all interested parties. During

such discussions and joint deliberations, interested parties (including tribes and school officials) shall be given an opportunity to present

issues including proposals regarding changes in

current practices or programs which will be considered for future action by the Bureau. All interested parties shall be given an opportunity to

participate and discuss the options presented or

to present other alternatives, with the views and

concerns of the interested parties given effect

unless the Secretary determines, from information educed or presented by the interested parties during 1 or more of the discussions and deliberations, that there is a substantial reason

for another course of action. The Secretary shall

submit to any Member of Congress, within 18

days of the receipt of a written request by such

Member, a written explanation of any decision

made by the Secretary which is not consistent

with the views of the interested parties.

(Pub. L. 95–561, title XI, §1131, as added Pub. L.

103–382, title III, §381, Oct. 20, 1994, 108 Stat.

4001.)

REFERENCES IN TEXT

This Act, referred to in subsec. (b)(1), means Pub. L.

95–561, Nov. 1, 1978, 92 Stat. 2143, as amended, known as

the Education Amendments of 1978. For complete classification of this Act to the Code, see Short Title note

set out under section 6301 of Title 20, Education, and

Tables.

PRIOR PROVISIONS

A prior section 2011, Pub. L. 95–561, title XI, §1131,

Nov. 1, 1978, 92 Stat. 2322; 1978 Reorg. Plan No. 2, §102,

eff. Jan. 1, 1979, 43 F.R. 36037, 92 Stat. 3783; Pub. L.

98–511, title V, §507(b), Oct. 19, 1984, 98 Stat. 2396; Pub.

L. 100–297, title V, §§5112(a), (b)(1), 5114, 5115, Apr. 28,

1988, 102 Stat. 377, 378, 380; Pub. L. 100–427, §9(a)–(c),

Sept. 9, 1988, 102 Stat. 1606, related to education personnel, prior to the general amendment of this chapter by

Pub. L. 103–382.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 472a, 2001, 2002,

2008, 2019 of this title.

§ 2012. Education personnel

(a) In general

(1) Chapter 51, subchapter III of chapter 53, and

chapter 63 of title 5, relating to classification,

pay, and leave, respectively, and the sections of

such title relating to the appointment, promotion, and removal of civil service employees,

shall not apply to educators or to education positions (as defined in subsection (n) of this section).

(2) Paragraph (1) shall take effect 1 year after

November 1, 1978.

(b) Regulations

Not later than the effective date of subsection

(a)(2) of this section, the Secretary shall prescribe regulations to carry out this section.

Such regulations shall govern—

(1) the establishment of education positions,

(2) the establishment of qualifications for

educators,

(3) the fixing of basic compensation for educators and education positions,

(4) the appointment of educators,

(5) the discharge of educators,

(6) the entitlement of educators to compensation,

(7) the payment of compensation to educators,

(8) the conditions of employment of educators,

(9) the length of the school year applicable

to education positions described in subsection

(n)(1)(A) of this section,

(10) the leave system for educators, and

(11) such other matters as may be appropriate.

(c) Qualifications of educators

(1) In prescribing regulations to govern the

qualifications of educators, the Secretary shall

require—

(A)(i) that lists of qualified and interviewed

applicants for education positions be maintained in each agency and area office of the

Bureau from among individuals who have applied at the agency or area level for an education position or who have applied at the national level and have indicated in such application an interest in working in certain areas

or agencies; and

(ii) that a list of qualified and interviewed

applicants for education positions be maintained in the Office from among individuals

who have applied at the national level for an

education position and who have expressed interest in working in an education position

anywhere in the United States;

(B) that a local school board shall have the

authority to waive on a case-by-case basis,

any formal education or degree qualifications

established by regulation pursuant to subsection (b)(2) of this section, in order for a

tribal member to be hired in an education po-