H. R. 1—485
‘‘(A) the number of Indian children who are eligible
under section 7117 and served by such agency; and
‘‘(B) the greater of—
‘‘(i) the average per pupil expenditure of the State
in which such agency is located; or
‘‘(ii) 80 percent of the average per pupil expendi-
ture of all the States.
‘‘(2) REDUCTION.—The Secretary shall reduce the amount
of each allocation otherwise determined under this section in
accordance with subsection (e).
‘‘(b) MINIMUM GRANT.—
‘‘(1) IN GENERAL.—Notwithstanding subsection (e), an entity
that is eligible for a grant under section 7112, and a school
that is operated or supported by the Bureau of Indian Affairs
that is eligible for a grant under subsection (d), that submits
an application that is approved by the Secretary, shall, subject
to appropriations, receive a grant under this subpart in an
amount that is not less than $3,000.
‘‘(2) CONSORTIA.—Local educational agencies may form a
consortium for the purpose of obtaining grants under this sub-
part.
‘‘(3) INCREASE.—The Secretary may increase the minimum
grant under paragraph (1) to not more than $4,000 for all
grantees if the Secretary determines such increase is necessary
to ensure the quality of the programs provided.
‘‘(c) DEFINITION.—For the purpose of this section, the term
‘average per pupil expenditure’, used with respect to a State, means
an amount equal to—
‘‘(1) the sum of the aggregate current expenditures of all
the local educational agencies in the State, plus any direct
current expenditures by the State for the operation of such
agencies, without regard to the sources of funds from which
such local or State expenditures were made, during the second
fiscal year preceding the fiscal year for which the computation
is made; divided by
‘‘(2) the aggregate number of children who were included
in average daily attendance for whom such agencies provided
free public education during such preceding fiscal year.
‘‘(d) SCHOOLS OPERATED OR SUPPORTED BY THE BUREAU OF
INDIAN AFFAIRS.—
‘‘(1) IN GENERAL.—Subject to subsection (e), in addition
to the grants awarded under subsection (a), the Secretary shall
allocate to the Secretary of the Interior an amount equal to
the product of—
‘‘(A) the total number of Indian children enrolled in
schools that are operated by—
‘‘(i) the Bureau of Indian Affairs; or
‘‘(ii) an Indian tribe, or an organization controlled
or sanctioned by an Indian tribal government, for the
children of that tribe under a contract with, or grant
from, the Department of the Interior under the Indian
Self-Determination Act or the Tribally Controlled
Schools Act of 1988; and
‘‘(B) the greater of—
‘‘(i) the average per pupil expenditure of the State
in which the school is located; or
H. R. 1—486
‘‘(ii) 80 percent of the average per pupil expendi-
ture of all the States.
‘‘(2) SPECIAL
RULE.—Any school described in paragraph
(1)(A) that wishes to receive an allocation under this subpart
shall submit an application in accordance with section 7114,
and shall otherwise be treated as a local educational agency
for the purpose of this subpart, except that such school shall
not be subject to section 7114(c)(4), section 7118(c), or section
7119.
‘‘(e) RATABLE REDUCTIONS.—If the sums appropriated for any
fiscal year under section 7152(a) are insufficient to pay in full
the amounts determined for local educational agencies under sub-
section (a)(1) and for the Secretary of the Interior under subsection
(d), each of those amounts shall be ratably reduced.
‘‘SEC. 7114. APPLICATIONS.
‘‘(a) APPLICATION REQUIRED.—Each local educational agency
that desires to receive a grant under this subpart shall submit
an application to the Secretary at such time, in such manner,
and containing such information as the Secretary may reasonably
require.
‘‘(b) COMPREHENSIVE PROGRAM REQUIRED.—Each application
submitted under subsection (a) shall include a description of a
comprehensive program for meeting the needs of Indian children
served by the local educational agency, including the language
and cultural needs of the children, that—
‘‘(1) describes how the comprehensive program will offer
programs and activities to meet the culturally related academic
needs of American Indian and Alaska Native students;
‘‘(2)(A) is consistent with the State and local plans sub-
mitted under other provisions of this Act; and
‘‘(B) includes academic content and student academic
achievement goals for such children, and benchmarks for
attaining such goals, that are based on the challenging State
academic content and student academic achievement standards
adopted under title I for all children;
‘‘(3) explains how Federal, State, and local programs, espe-
cially programs carried out under title I, will meet the needs
of such students;
‘‘(4) demonstrates how funds made available under this
subpart will be used for activities described in section 7115;
‘‘(5) describes the professional development opportunities
that will be provided, as needed, to ensure that—
‘‘(A) teachers and other school professionals who are
new to the Indian community are prepared to work with
Indian children; and
‘‘(B) all teachers who will be involved in programs
assisted under this subpart have been properly trained
to carry out such programs; and
‘‘(6) describes how the local educational agency—
‘‘(A) will periodically assess the progress of all Indian
children enrolled in the schools of the local educational
agency, including Indian children who do not participate
in programs assisted under this subpart, in meeting the
goals described in paragraph (2);
‘‘(B) will provide the results of each assessment
referred to in subparagraph (A) to—
H. R. 1—487
‘‘(i) the committee described in subsection (c)(4);
and
‘‘(ii) the community served by the local educational
agency; and
‘‘(C) is responding to findings of any previous assess-
ments that are similar to the assessments described in
subparagraph (A).
‘‘(c) ASSURANCES.—Each application submitted under subsection
(a) shall include assurances that—
‘‘(1) the local educational agency will use funds received
under this subpart only to supplement the funds that, in the
absence of the Federal funds made available under this subpart,
such agency would make available for the education of Indian
children, and not to supplant such funds;
‘‘(2) the local educational agency will prepare and submit
to the Secretary such reports, in such form and containing
such information, as the Secretary may require to—
‘‘(A) carry out the functions of the Secretary under
this subpart; and
‘‘(B) determine the extent to which activities carried
out with funds provided to the local educational agency
under this subpart are effective in improving the edu-
cational achievement of Indian students served by such
agency;
‘‘(3) the program for which assistance is sought—
‘‘(A) is based on a comprehensive local assessment
and prioritization of the unique educational and culturally
related academic needs of the American Indian and Alaska
Native students for whom the local educational agency
is providing an education;
‘‘(B) will use the best available talents and resources,
including individuals from the Indian community; and
‘‘(C) was developed by such agency in open consultation
with parents of Indian children and teachers, and, if appro-
priate, Indian students from secondary schools, including
through public hearings held by such agency to provide
to the individuals described in this subparagraph a full
opportunity to understand the program and to offer rec-
ommendations regarding the program; and
‘‘(4) the local educational agency developed the program
with the participation and written approval of a committee—
‘‘(A) that is composed of, and selected by—
‘‘(i) parents of Indian children in the local edu-
cational agency’s schools;
‘‘(ii) teachers in the schools; and
‘‘(iii) if appropriate, Indian students attending sec-
ondary schools of the agency;
‘‘(B) a majority of whose members are parents of Indian
children;
‘‘(C) that has set forth such policies and procedures,
including policies and procedures relating to the hiring
of personnel, as will ensure that the program for which
assistance is sought will be operated and evaluated in
consultation with, and with the involvement of, parents
of the children, and representatives of the area, to be
served;
H. R. 1—488
‘‘(D) with respect to an application describing a
schoolwide program in accordance with section 7115(c),
that has—
‘‘(i) reviewed in a timely fashion the program; and
‘‘(ii) determined that the program will not diminish
the availability of culturally related activities for Amer-
ican Indian and Alaska Native students; and
‘‘(E) that has adopted reasonable bylaws for the conduct
of the activities of the committee and abides by such
bylaws.
‘‘SEC. 7115. AUTHORIZED SERVICES AND ACTIVITIES.
‘‘(a) GENERAL REQUIREMENTS.—Each local educational agency
that receives a grant under this subpart shall use the grant funds,
in a manner consistent with the purpose specified in section 7111,
for services and activities that—
(1) are designed to carry out the comprehensive program
of the local educational agency for Indian students, and
described in the application of the local educational agency
submitted to the Secretary under section 7114(a);
‘‘(2) are designed with special regard for the language and
cultural needs of the Indian students; and
‘‘(3) supplement and enrich the regular school program
of such agency.
‘‘(b) PARTICULAR
ACTIVITIES.—The services and activities
referred to in subsection (a) may include—
‘‘(1) culturally related activities that support the program
described in the application submitted by the local educational
agency;
‘‘(2) early childhood and family programs that emphasize
school readiness;
‘‘(3) enrichment programs that focus on problem solving
and cognitive skills development and directly support the
attainment of challenging State academic content and student
academic achievement standards;
‘‘(4) integrated educational services in combination with
other programs that meet the needs of Indian children and
their families;
‘‘(5) career preparation activities to enable Indian students
to participate in programs such as the programs supported
by the Carl D. Perkins Vocational and Technical Education
Act of 1998, including programs for tech-prep education, men-
toring, and apprenticeship;
‘‘(6) activities to educate individuals concerning substance
abuse and to prevent substance abuse;
‘‘(7) the acquisition of equipment, but only if the acquisition
of the equipment is essential to achieve the purpose described
in section 7111;
‘‘(8) activities that promote the incorporation of culturally
responsive teaching and learning strategies into the educational
program of the local educational agency;
‘‘(9) activities that incorporate American Indian and Alaska
Native specific curriculum content, consistent with State stand-
ards, into the curriculum used by the local educational agency;
‘‘(10) family literacy services; and
H. R. 1—489
‘‘(11) activities that recognize and support the unique cul-
tural and educational needs of Indian children, and incorporate
appropriately qualified tribal elders and seniors.
‘‘(c) SCHOOLWIDE PROGRAMS.—Notwithstanding any other provi-
sion of law, a local educational agency may use funds made available
to such agency under this subpart to support a schoolwide program
under section 1114 if—
‘‘(1) the committee established pursuant to section
7114(c)(4) approves the use of the funds for the schoolwide
program; and
‘‘(2) the schoolwide program is consistent with the purpose
described in section 7111.
‘‘(d) LIMITATION ON ADMINISTRATIVE COSTS.—Not more than
5 percent of the funds provided to a grantee under this subpart
for any fiscal year may be used for administrative purposes.
‘‘SEC. 7116. INTEGRATION OF SERVICES AUTHORIZED.
‘‘(a) PLAN.—An entity receiving funds under this subpart may
submit a plan to the Secretary for the integration of education
and related services provided to Indian students.
‘‘(b) CONSOLIDATION OF PROGRAMS.—Upon the receipt of an
acceptable plan under subsection (a), the Secretary, in cooperation
with each Federal agency providing grants for the provision of
education and related services to the entity, shall authorize the
entity to consolidate, in accordance with such plan, the federally
funded education and related services programs of the entity and
the Federal programs, or portions of the programs, serving Indian
students in a manner that integrates the program services involved
into a single, coordinated, comprehensive program and reduces
administrative costs by consolidating administrative functions.
‘‘(c) PROGRAMS AFFECTED.—The funds that may be consolidated
in a demonstration project under any such plan referred to in
subsection (a) shall include funds for any Federal program exclu-
sively serving Indian children, or the funds reserved under any
Federal program to exclusively serve Indian children, under which
the entity is eligible for receipt of funds under a statutory or
administrative formula for the purposes of providing education and
related services that would be used to serve Indian students.
‘‘(d) PLAN REQUIREMENTS.—For a plan to be acceptable pursu-
ant to subsection (b), the plan shall—
‘‘(1) identify the programs or funding sources to be consoli-
dated;
‘‘(2) be consistent with the objectives of this section con-
cerning authorizing the services to be integrated in a dem-
onstration project;
‘‘(3) describe a comprehensive strategy that identifies the
full range of potential educational opportunities and related
services to be provided to assist Indian students to achieve
the objectives set forth in this subpart;
‘‘(4) describe the way in which services are to be integrated
and delivered and the results expected from the plan;
‘‘(5) identify the projected expenditures under the plan
in a single budget;
‘‘(6) identify the State, tribal, or local agency or agencies
to be involved in the delivery of the services integrated under
the plan;
H. R. 1—490
‘‘(7) identify any statutory provisions, regulations, policies,
or procedures that the entity believes need to be waived in
order to implement the plan;
‘‘(8) set forth measures for academic content and student
academic achievement goals designed to be met within a specific
period of time; and
‘‘(9) be approved by a committee formed in accordance
with section 7114(c)(4), if such a committee exists.
‘‘(e) PLAN REVIEW.—Upon receipt of the plan from an eligible
entity, the Secretary shall consult with the Secretary of each Fed-
eral department providing funds to be used to implement the plan,
and with the entity submitting the plan. The parties so consulting
shall identify any waivers of statutory requirements or of Federal
departmental regulations, policies, or procedures necessary to
enable the entity to implement the plan. Notwithstanding any
other provision of law, the Secretary of the affected department
shall have the authority to waive any regulation, policy, or proce-
dure promulgated by that department that has been so identified
by the entity or department, unless the Secretary of the affected
department determines that such a waiver is inconsistent with
the objectives of this subpart or those provisions of the statute
from which the program involved derives authority that are specifi-
cally applicable to Indian students.
‘‘(f) PLAN APPROVAL.—Within 90 days after the receipt of an
entity’s plan by the Secretary, the Secretary shall inform the entity,
in writing, of the Secretary’s approval or disapproval of the plan.
If the plan is disapproved, the entity shall be informed, in writing,
of the reasons for the disapproval and shall be given an opportunity
to amend the plan or to petition the Secretary to reconsider such
disapproval.
‘‘(g) RESPONSIBILITIES
OF DEPARTMENT
OF EDUCATION.—Not
later than 180 days after the date of enactment of the No Child
Left Behind Act of 2001, the Secretary of Education, the Secretary
of the Interior, and the head of any other Federal department
or agency identified by the Secretary of Education, shall enter
into an interdepartmental memorandum of agreement providing
for the implementation of the demonstration projects authorized
under this section. The lead agency head for a demonstration project
under this section shall be—
‘‘(1) the Secretary of the Interior, in the case of an entity
meeting the definition of a contract or grant school under
title XI of the Education Amendments of 1978; or
‘‘(2) the Secretary of Education, in the case of any other
entity.
‘‘(h) RESPONSIBILITIES OF LEAD AGENCY.—The responsibilities
of the lead agency shall include—
‘‘(1) the use of a single report format related to the plan
for the individual project, which shall be used by an eligible
entity to report on the activities undertaken under the project;
‘‘(2) the use of a single report format related to the projected
expenditures for the individual project which shall be used
by an eligible entity to report on all project expenditures;
‘‘(3) the development of a single system of Federal oversight
for the project, which shall be implemented by the lead agency;
and
‘‘(4) the provision of technical assistance to an eligible
entity appropriate to the project, except that an eligible entity
H. R. 1—491
shall have the authority to accept or reject the plan for pro-
viding such technical assistance and the technical assistance
provider.
‘‘(i) REPORT REQUIREMENTS.—A single report format shall be
developed by the Secretary, consistent with the requirements of
this section. Such report format shall require that reports described
in subsection (h), together with records maintained on the consoli-
dated program at the local level, shall contain such information
as will allow a determination that the eligible entity has complied
with the requirements incorporated in its approved plan, including
making a demonstration of student academic achievement, and
will provide assurances to each Secretary that the eligible entity
has complied with all directly applicable statutory requirements
and with those directly applicable regulatory requirements that
have not been waived.
‘‘(j) NO REDUCTION IN AMOUNTS.—In no case shall the amount
of Federal funds available to an eligible entity involved in any
demonstration project be reduced as a result of the enactment
of this section.
‘‘(k) INTERAGENCY FUND TRANSFERS AUTHORIZED.—The Sec-
retary is authorized to take such action as may be necessary to
provide for an interagency transfer of funds otherwise available
to an eligible entity in order to further the objectives of this section.
‘‘(l) ADMINISTRATION OF FUNDS.—
‘‘(1) IN GENERAL.—Program funds for the consolidated pro-
grams shall be administered in such a manner as to allow
for a determination that funds from a specific program are
spent on allowable activities authorized under such program,
except that the eligible entity shall determine the proportion
of the funds granted that shall be allocated to such program.
‘‘(2) SEPARATE RECORDS NOT REQUIRED.—Nothing in this
section shall be construed as requiring the eligible entity to
maintain separate records tracing any services or activities
conducted under the approved plan to the individual programs
under which funds were authorized for the services or activities,
nor shall the eligible entity be required to allocate expenditures
among such individual programs.
‘‘(m) OVERAGE.—The eligible entity may commingle all adminis-
trative funds from the consolidated programs and shall be entitled
to the full amount of such funds (under each program’s or agency’s
regulations). The overage (defined as the difference between the
amount of the commingled funds and the actual administrative
cost of the programs) shall be considered to be properly spent
for Federal audit purposes, if the overage is used for the purposes
provided for under this section.
‘‘(n) FISCAL ACCOUNTABILITY.—Nothing in this part shall be
construed so as to interfere with the ability of the Secretary or
the lead agency to fulfill the responsibilities for the safeguarding
of Federal funds pursuant to chapter 75 of title 31, United States
Code.
‘‘(o) REPORT ON STATUTORY OBSTACLES TO PROGRAM INTEGRA-
TION.—
‘‘(1) PRELIMINARY REPORT.—Not later than 2 years after
the date of enactment of the No Child Left Behind Act of
2001, the Secretary of Education shall submit a preliminary
report to the Committee on Education and the Workforce and
the Committee on Resources of the House of Representatives
H. R. 1—492
and the Committee on Health, Education, Labor, and Pensions
and the Committee on Indian Affairs of the Senate on the
status of the implementation of the demonstration projects
authorized under this section.
‘‘(2) FINAL REPORT.—Not later than 5 years after the date
of enactment of the No Child Left Behind Act of 2001, the
Secretary of Education shall submit a report to the Committee
on Education and the Workforce and the Committee on
Resources of the House of Representatives and the Committee
on Health, Education, Labor, and Pensions and the Committee
on Indian Affairs of the Senate on the results of the
implementation of the demonstration projects authorized under
this section. Such report shall identify statutory barriers to
the ability of participants to integrate more effectively their
education and related services to Indian students in a manner
consistent with the objectives of this section.
‘‘(p) DEFINITIONS.—For the purposes of this section, the term
‘Secretary’ means—
‘‘(1) the Secretary of the Interior, in the case of an entity
meeting the definition of a contract or grant school under
title XI of the Education Amendments of 1978; or
‘‘(2) the Secretary of Education, in the case of any other
entity.
‘‘SEC. 7117. STUDENT ELIGIBILITY FORMS.
‘‘(a) IN GENERAL.—The Secretary shall require that, as part
of an application for a grant under this subpart, each applicant
shall maintain a file, with respect to each Indian child for whom
the local educational agency provides a free public education, that
contains a form that sets forth information establishing the status
of the child as an Indian child eligible for assistance under this
subpart, and that otherwise meets the requirements of subsection
(b).
‘‘(b) FORMS.—The form described in subsection (a) shall
include—
‘‘(1) either—
‘‘(A)(i) the name of the tribe or band of Indians (as
defined in section 7151) with respect to which the child
claims membership;
‘‘(ii) the enrollment number establishing the member-
ship of the child (if readily available); and
‘‘(iii) the name and address of the organization that
maintains updated and accurate membership data for such
tribe or band of Indians; or
‘‘(B) the name, the enrollment number (if readily avail-
able), and the name and address of the organization respon-
sible for maintaining updated and accurate membership
data, of any parent or grandparent of the child from whom
the child claims eligibility under this subpart, if the child
is not a member of the tribe or band of Indians (as so
defined);
‘‘(2) a statement of whether the tribe or band of Indians
(as so defined), with respect to which the child, or parent
or grandparent of the child, claims membership, is federally
recognized;
‘‘(3) the name and address of the parent or legal guardian
of the child;
H. R. 1—493
‘‘(4) a signature of the parent or legal guardian of the
child that verifies the accuracy of the information supplied;
and
‘‘(5) any other information that the Secretary considers
necessary to provide an accurate program profile.
‘‘(c) STATUTORY CONSTRUCTION.—Nothing in this section shall
be construed to affect a definition contained in section 7151.
‘‘(d) FORMS AND STANDARDS OF PROOF.—The forms and the
standards of proof (including the standard of good faith compliance)
that were in use during the 1985–86 academic year to establish
the eligibility of a child for entitlement under the Indian Elementary
and Secondary School Assistance Act shall be the forms and stand-
ards of proof used—
‘‘(1) to establish eligibility under this subpart; and
‘‘(2) to meet the requirements of subsection (a).
‘‘(e) DOCUMENTATION.—For purposes of determining whether
a child is eligible to be counted for the purpose of computing
the amount of a grant award under section 7113, the membership
of the child, or any parent or grandparent of the child, in a tribe
or band of Indians (as so defined) may be established by proof
other than an enrollment number, notwithstanding the availability
of an enrollment number for a member of such tribe or band.
Nothing in subsection (b) shall be construed to require the fur-
nishing of an enrollment number.
‘‘(f) MONITORING AND EVALUATION REVIEW.—
‘‘(1) IN GENERAL.—
‘‘(A) REVIEW.—For each fiscal year, in order to provide
such information as is necessary to carry out the responsi-
bility of the Secretary to provide technical assistance under
this subpart, the Secretary shall conduct a monitoring and
evaluation review of a sampling of the recipients of grants
under this subpart. The sampling conducted under this
subparagraph shall take into account the size of and the
geographic location of each local educational agency.
‘‘(B) EXCEPTION.—A local educational agency may not
be held liable to the United States or be subject to any
penalty, by reason of the findings of an audit that relates
to the date of completion, or the date of submission, of
any forms used to establish, before April 28, 1988, the
eligibility of a child for an entitlement under the Indian
Elementary and Secondary School Assistance Act.
‘‘(2) FALSE
INFORMATION.—Any local educational agency
that provides false information in an application for a grant
under this subpart shall—
‘‘(A) be ineligible to apply for any other grant under
this subpart; and
‘‘(B) be liable to the United States for any funds from
the grant that have not been expended.
‘‘(3) EXCLUDED CHILDREN.—A student who provides false
information for the form required under subsection (a) shall
not be counted for the purpose of computing the amount of
a grant under section 7113.
‘‘(g) TRIBAL GRANT AND CONTRACT SCHOOLS.—Notwithstanding
any other provision of this section, in calculating the amount of
a grant under this subpart to a tribal school that receives a grant
or contract from the Bureau of Indian Affairs, the Secretary shall
use only one of the following, as selected by the school: