‘‘(4) If such school has been approved, in ac-
cordance with section 1116(g), for use of an alter-
native definition of adequate yearly progress, the 
school may adopt an appropriate assessment that— 
‘‘(A) is developed in consultation with, and 
with the approval of, the Secretary of the Inte-
rior; and 
‘‘(B) is consistent with the requirements of 
this section.’’; 
(2) in section 1112— 
(A) in subsection (b)(1)— 
(i) by redesignating subparagraphs 
(F) through (Q) as subparagraphs (G) 
through (R), respectively; and 
(ii) by inserting after subparagraph 
(E), the following: 
‘‘(F) a description of the procedure that 
the local educational agency will use to engage 
in timely, ongoing, and meaningful consultation 
with representatives of Indian tribes located in 
the area served by the local education agency in 
the development of the local plan, in order to— 
‘‘(i) improve the coordination of ac-
tivities under this Act; 
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‘‘(ii) meet the purpose of this title; 
and 
‘‘(iii) meet the unique cultural, lan-
guage, and educational needs of Indian 
students;’’; 
(B) in subsection (c)(1)— 
(i) by redesignating subparagraphs 
(D) through (O) as subparagraphs (E) 
through (P), respectively; and 
(ii) by inserting after subparagraph 
(C), the following: 
‘‘(D) engage in timely and meaningful con-
sultation with representatives of Indian tribes 
located in the area served by the local education 
agency;’’; and 
(C) in subsection (d)(1), by striking ‘‘and 
other appropriate school personnel,’’ and insert-
ing ‘‘other appropriate school personnel, rep-
resentatives of Indian tribes located in the area 
served by the local educational agency,’’; 
(3) in section 1115(b)(2)(A), by inserting ‘‘, In-
dian children,’’ after ‘‘migrant children’’; 
(4) in section 1116— 
(A) in subsection (b)(3)(A)— 
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(i) in the matter preceding clause (i), 
by inserting ‘‘representatives of Indian 
tribes located in the area served by the 
school,’’ after ‘‘school staff,’’; 
(ii) in clause (ix), by striking ‘‘and’’ 
after the semicolon; 
(iii) in clause (x), by striking the pe-
riod at the end; and 
(iv) by adding at the end the fol-
lowing: 
‘‘(xi) provide an assurance that, if the 
school receives funds described in title VII, 
the school will continue to direct such 
funds to the activities described in title 
VII.’’; 
(B) in subsection (c)(7)(A)— 
(i) in the matter preceding clause (i), 
by inserting ‘‘representatives of Indian 
tribes located in the area served by the 
local education agency,’’ after ‘‘school 
staff,’’; 
(ii) in clause (vii), by striking ‘‘and’’ 
after the semicolon; 
(iii) in clause (viii), by striking the pe-
riod at the end and inserting ‘‘; and’’; and 
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(iv) by adding at the end the fol-
lowing: 
‘‘(ix) incorporate, as appropriate, ac-
tivities that meet the unique cultural, lan-
guage, and educational needs of Indian 
students eligible to be served under title 
VII of this Act.’’; 
(C) in subsection (g)(1)— 
(i) in subparagraph (B)— 
(I) by striking ‘‘The tribal gov-
erning body or’’ and inserting ‘‘An In-
dian tribe,’’; 
(II) by inserting ‘‘, or consortium 
of such entities’’ after ‘‘Bureau of In-
dian Affairs’’; 
(III) by striking ‘‘body or school 
board’’ and inserting ‘‘Indian tribe, 
school board, or consortium of such 
entities’’; and 
(IV) by inserting ‘‘of the Inte-
rior’’ after ‘‘such alternative definition 
unless the Secretary’’; 
(ii) in subparagraph (C), by striking 
‘‘a tribal governing body or school board of 
a school funded by the Bureau of Indian 
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Affairs’’ and inserting ‘‘an Indian tribe, 
school board of a school funded by the Bu-
reau of Indian Affairs, or consortium of 
such entities’’; and 
(iii) by adding at the end the fol-
lowing: 
‘‘(D) DEEMED APPROVAL.—A proposed al-
ternative definition of adequate yearly progress 
submitted pursuant to subparagraph (B) shall 
be deemed to be approved by the Secretary of 
the Interior unless the Secretary of the Interior 
issues the notification set forth in subparagraph 
(E) prior to the expiration of the 30-day period 
beginning on the date on which the Secretary of 
the Interior received the proposed alternative 
definition of adequate yearly progress. 
‘‘(E) NOTIFICATION.—If the Secretary of 
the Interior finds that the application is not in 
compliance, in whole or in part, with this sub-
part, the Secretary of the Interior shall— 
‘‘(i) notify the entity or entities de-
scribed in subparagraph (B) of the finding 
of noncompliance and, in such notification, 
shall— 
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‘‘(I) cite the specific provisions in 
the application that are not in compli-
ance; 
‘‘(II) provide an explanation of 
the basis of the non-compliance; 
‘‘(III) request additional informa-
tion only as to the noncompliant pro-
visions needed to make the proposal 
compliant; 
‘‘(IV) provide a description of the 
steps that the entity or entities need 
to take to make the application com-
pliant; and 
‘‘(V) provide assistance to over-
come the finding of noncompliance; 
and 
‘‘(ii) provide the entity or entities de-
scribed in subparagraph (B) with the op-
portunity for a hearing, which shall be 
completed not more than 60 days after 
such entity or entities receive the notice of 
opportunity for a hearing, or at such later 
date as agreed to by the submitting entity 
or entities. 
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