472
that affect them and their children, and schools should
continue to foster such involvement;
‘‘(3) although the numbers of Indian teachers,
administrators, and university professors have in-
creased since 1972, teacher training programs are not
recruiting, training, or retraining sufficient numbers
of Indian persons as educators to meet the needs of
a growing Indian student population in elementary,
secondary, vocational, adult, and higher education;
‘‘(4) the dropout rate for Indian students is un-
acceptably high; for example, nine percent of Indian
students who were eighth graders in 1988 had already
dropped out of school by 1990;
‘‘(5) from 1980 to 1990, the percentage of Indian
persons living in poverty increased from 24 percent
to 31 percent, and the readiness of Indian children to
learn is hampered by the high incidence of poverty,
unemployment, and health problems among Indian
children and families; and
‘‘(6) research related specifically to the education
of Indian children and adults is very limited, and
much of it is poor in quality or focused on limited
local or regional issues.
473
‘‘SEC. 6002. PURPOSE.
‘‘(a) PURPOSE.—It is the purpose of this title to sup-
port the efforts of local educational agencies, Indian tribes
and organizations, postsecondary institutions, and other
entities to meet the special educational and culturally relat-
ed academic needs of American Indians and Alaska Na-
tives, so that they can achieve to the same challenging State
performance standards expected of all students.
‘‘(b) PROGRAMS AUTHORIZED.—This title carries out
the purpose described in subsection (a) by authorizing pro-
grams of direct assistance for—
‘‘(1) meeting the special educational and cul-
turally related academic needs of American Indians
and Alaska Natives;
‘‘(2) the education of Indian children and adults;
‘‘(3) the training of Indian persons as educators
and counselors, and in other professions serving In-
dian people; and
‘‘(4) research, evaluation, data collection, and
technical assistance.
‘‘PART A—FORMULA GRANTS TO LOCAL
EDUCATIONAL AGENCIES
‘‘SEC. 6101. PURPOSE.
‘‘It is the purpose of this part to support local edu-
cational agencies in their efforts to reform elementary and
474
secondary school programs that serve Indian students in
order to ensure that such programs—
‘‘(1) are based on challenging State content and
student performance standards that are used for all
students; and
‘‘(2) are designed to assist Indian students meet
those standards and assist the Nation in reaching the
National Education Goals.
‘‘SEC. 6102. GRANTS TO LOCAL EDUCATIONAL AGENCIES.
‘‘A local educational agency is eligible for a grant
under this part for any fiscal year if the number of Indian
children who were enrolled in the schools of the agency, and
to whom the agency provided free public education, during
the preceding fiscal year—
‘‘(1) was at least 20; or
‘‘(2) constituted not less than 25 percent of the
agency’s total enrollment.
‘‘SEC. 6103. AMOUNT OF GRANTS.
‘‘(a) AMOUNT OF GRANTS.—(1) The Secretary is au-
thorized to allocate to each local educational agency which
has an approved application under this part an amount
equal to the product of—
‘‘(A) the number of Indian children described in
section 6106; and
‘‘(B) the greater of—
475
‘‘(i) the average per-pupil expenditure of the
State in which the agency is located; or
‘‘(ii) 80 percent of the average per-pupil ex-
penditure in the United States.
‘‘(2) The Secretary shall reduce the amount of each al-
location determined under paragraph (1) in accordance
with subsection (e) of this section.
‘‘(b) MINIMUM GRANT AMOUNT.—The Secretary shall
not make a grant to a local educational agency if the
amount determined under subsection (a) is less than $4,000,
except that the Secretary may make a grant to a consortium
of local educational agencies, one or more of which does not
qualify for such a minimum award, if—
‘‘(1) the total amount so determined for such
agencies is not less than $4,000;
‘‘(2) such agencies, in the aggregate, meet the eli-
gibility requirement of either section 6102(1) or
6102(2); and
‘‘(3) the Secretary determines that such a grant
would be effectively used to carry out the purpose of
this part.
‘‘(c) DEFINITION.—For the purpose of this section, the
average per-pupil expenditure of a State is determined by
dividing—
476
‘‘(1) the aggregate current expenditures of all the
local educational agencies in the State, plus any di-
rect current expenditures by the State for the oper-
ation 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; by
‘‘(2) the aggregate number of children who were
in average daily attendance for whom such agencies
provided free public education during such preceding
fiscal year.
‘‘(d) SCHOOLS OPERATED OR SUPPORTED BY THE BU-
REAU OF INDIAN AFFAIRS.—(1) In addition to the grants
determined 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 en-
rolled 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 gov-
ernment, for the children of that tribe under a
contract with, or grant from, the Department of
the Interior under the Indian Self-Determination
Act (25 U.S.C. 450f et seq.) or the Tribally Con-
477
trolled Schools Act of 1988 (25 U.S.C. 2501 et
seq.); and
‘‘(B) the greater of—
‘‘(i) the average per-pupil expenditure of the
State in which the school is located; or
‘‘(ii) 80 percent of the average per-pupil ex-
penditure in the United States.
‘‘(2) The Secretary shall transfer the amount deter-
mined under paragraph (1), reduced as may be necessary
under subsection (e), to the Secretary of the Interior in ac-
cordance with, and subject to, section 9205 of this Act.
‘‘(e) RATABLE REDUCTIONS.—If the sums appro-
priated for any fiscal year under section 6602(a) are insuf-
ficient to pay in full the amounts determined for local edu-
cational agencies under subsection (a)(1) and for the Sec-
retary of the Interior under subsection (d), each of those
amounts shall be ratably reduced.
‘‘SEC. 6104. APPLICATIONS.
‘‘(a) GENERAL.—Any local educational agency that
desires to receive a grant under this part shall submit an
application to the Secretary at such time, in such manner,
and containing such information as the Secretary may rea-
sonably require.
‘‘(b) COMPREHENSIVE PROGRAM REQUIRED.—Each
such application shall include a comprehensive program for
478
meeting the needs of Indian children in the local edu-
cational agency, including their language and cultural
needs, that—
‘‘(1) provides programs and activities to meet the
culturally related academic needs of American Indian
and Alaska Native students,
‘‘(2)(A) is consistent with, and promotes the
goals in, the State and local plans, either approved
or being developed, under title III of the Goals 2000:
Educate America Act or, if such plans are not ap-
proved or being developed, with the State and local
plans under sections 1111 and 1112 of this Act; and
‘‘(B) includes academic content and student per-
formance goals for such children, and benchmarks for
attaining them, that are based on the challenging
State standards adopted under title III of the Goals
2000: Educate America Act or under title I of this
Act for all children;
‘‘(3) explains how Federal, State, and local pro-
grams, especially under title I of this Act, will meet
the needs of such students;
‘‘(4) demonstrates how funds under this part will
be used for activities authorized by section 6105;
‘‘(5) describes the professional development to be
provided, as needed, to ensure that—
479
‘‘(A) teachers and other school professionals
who are new to the Indian community are pre-
pared to work with Indian children; and
‘‘(B) all teachers who will be involved in the
project have been properly trained to carry it
out; and
‘‘(6) describes how the agency—
‘‘(A) will periodically assess the progress of
all Indian children in its schools, including In-
dian children who do not participate in pro-
grams under this part, in meeting the goals de-
scribed in paragraph (2);
‘‘(B) will provide the results of that assess-
ment to the parent committee described in sub-
section (c)(6) and to the community served by
the agency; and
‘‘(C) is responding to findings of any pre-
vious such assessments.
‘‘(c) ASSURANCES.—Each such application shall also
include assurances that—
‘‘(1) the local educational agency will use funds
received under this part only to supplement the level
of funds that, in the absence of such Federal funds,
the agency would make available for the education of
Indian children, and not to supplant such funds;
480
‘‘(2) the local educational agency will submit
such reports to the Secretary, in such form and con-
taining such information, as the Secretary may re-
quire to—
‘‘(A) carry out the Secretary’s functions
under this part; and
‘‘(B) determine the extent to which funds
provided under this part have been effective in
improving the educational achievement of Indian
students in the local educational agency;
‘‘(3) the program for which assistance is sought
has been based upon a local assessment and
prioritization of the special educational and cul-
turally related academic needs of the American In-
dian and Alaska Native students for which the local
educational agency is providing an education;
‘‘(4) the program for which assistance is sought
will use the best available talents and resources, in-
cluding persons from the Indian community;
‘‘(5) the local educational agency has developed
the program in open consultation with parents of In-
dian children, teachers, and, where appropriate, sec-
ondary school Indian students, including holding
public hearings at which such persons have had a full
481
opportunity to understand the program and to offer
recommendations regarding such program;
‘‘(6) the local educational agency has developed
the program with the participation and written ap-
proval of a committee—
‘‘(A) that is composed of, and selected by,
parents of Indian children in the local edu-
cational agency’s schools, teachers, and, where
appropriate, secondary school Indian students
and of which at least half the members are such
parent;
‘‘(B) that sets forth such policies and proce-
dures, 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; and
‘‘(C) that, in the case of an application
which includes a schoolwide project (as specified
in section 6105(c) of this part) finds that such
project will not diminish the availability of cul-
turally related activities for American Indians
and Alaskan Native students; and
482
‘‘(D) that adopts and abides by reasonable
bylaws for the conduct of the activities of the
committee.
‘‘(d) STATE EDUCATIONAL AGENCY REVIEW.—(1) Be-
fore submitting its application to the Secretary, the local
educational agency shall obtain comments on the applica-
tion from the State educational agency.
‘‘(2) The local educational agency shall send the State
educational agency’s comments to the Secretary with its ap-
plication.
‘‘SEC. 6105. AUTHORIZED SERVICES AND ACTIVITIES.
‘‘(a) GENERAL
REQUIREMENTS.—Each local edu-
cational agency that receives a grant under this part shall
use the grant funds for services and activities, consistent
with the purpose of this part, that—
‘‘(1) are designed to carry out its comprehensive
plan for Indian students, described in its application
under section 6104(b);
‘‘(2) are designed with special regard for the lan-
guage and cultural needs of those students; and
‘‘(3) supplement and enrich the regular school
program.
‘‘(b) PARTICULAR ACTIVITIES.—Such services and ac-
tivities include—
483
‘‘(1) culturally related activities which support
the program set out in the application, as required in
section 6104;
‘‘(2) early childhood and family programs that
emphasize school readiness;
‘‘(3) enrichment programs that focus on problem-
solving and cognitive skills development and that di-
rectly support the attainment of challenging State
content and student performance standards;
‘‘(4) integrated educational services in combina-
tion with other programs meeting similar needs;
‘‘(5) school-to-work transition activities to enable
Indian students to participate in programs such as
those supported by the School-to-Work Opportunities
Act of 1993 and the Carl D. Perkins Vocational and
Applied Technology Education Act, including tech-
prep, mentoring, and apprenticeship programs;
‘‘(6) prevention of, and education about, sub-
stance abuse; and
‘‘(7) acquisition of equipment, but only if such
acquisition is essential to meet the purpose of this
part.
‘‘(c) SCHOOLWIDE PROGRAMS.—Notwithstanding any
other provision of this part, a local educational agency may
use funds it receives under this part to support a schoolwide
484
program under section 1114 of title I of this Act, in accord-
ance with such section, if the Secretary determines that the
local educational agency has made adequate provision for
the participation of Indian children in such project and
the involvement of Indian parents in the formulation of
such project.
‘‘SEC. 6106. STUDENT ELIGIBILITY FORMS.
‘‘(a) The Secretary shall require that each application
for a grant under this subpart for each fiscal year be sup-
ported by a form, maintained in the files of the applicant,
for each eligible Indian child for whom the local educational
agency is providing free public education that sets forth in-
formation establishing the status of the child as an eligible
Indian child.
‘‘(b) The Secretary shall request on the form required
under subsection (a) at least the following information:
‘‘(1) either—
‘‘(A) the name of the tribe, band, or other
organized group of Indians with which the child
claims membership, along with the enrollment
number establishing membership (if readily
available), and the name and address of the or-
ganization which has updated and accurate
membership data for such tribe, band, or other
organized group of Indians, or
485
‘‘(B) if the child is not a member of a tribe,
band, or other organized group of Indians, the
name, the enrollment number (if readily avail-
able), and the organization (and address thereof)
responsible for maintaining updated and accu-
rate membership rolls of any of the child’s par-
ents or grandparents, from whom the child
claims eligibility;
‘‘(2) whether the tribe, band, or other organized
group of Indians with which the child, his parents, or
grandparents claim membership is federally recog-
nized;
‘‘(3) the name and address of the parent or legal
guardian;
‘‘(4) the signature of the parent or legal guard-
ian verifying the accuracy of the information sup-
plied; and
‘‘(5) any other information which the Secretary
deems necessary to provide an accurate program pro-
file.
‘‘(c) Nothing in the requirements of subsection (b) may
be construed as affecting the definition set forth in section
6601. In order for a child to be counted in computing the
local educational agency’s grant award, the eligibility form
for the child must contain at a minimum—
486
‘‘(1) the child’s name;
‘‘(2) the name of the tribe, band, or other orga-
nized group of Indians; and
‘‘(3) the parent’s dated signature.
The failure of an applicant to furnish any other informa-
tion listed in subsection (b) with respect to any child shall
have no bearing on the determination of whether the child
is an eligible Indian child.
‘‘(d) The forms and the standards of proof (including
the standard of good faith compliance) that were in use dur-
ing the 1985–1986 academic year to establish a child’s eligi-
bility for entitlement under the Indian Elementary and
Secondary School Assistance Act shall be the only forms and
standards of proof used to establish such eligibility and to
meet the requirements of subsection (a).
‘‘(e) For purposes of determining whether a child is
an eligible Indian child, the membership of the child, or
any parent or grandparent of the child, in a tribe, band,
or other organized group of Indians may be established by
proof other than an enrollment number, even if enrollment
numbers for members of such tribe, band, or groups are
available. Nothing in subsection (b) may be construed as
requiring the furnishing of enrollment numbers.
‘‘(f)(1)(A) The Secretary shall establish a method of
auditing, on an annual basis, a sample of not less than
487
one-fourth of the total number of local educational agencies
receiving funds under this part and shall submit to the Con-
gress an annual report on the findings of the audits.
‘‘(B) For purposes of an audit conducted by the Fed-
eral Government with respect to funds provided under this
part, all procedures, practices, and policies that are estab-
lished by—
‘‘(i) the Office of Indian Education of the De-
partment of Education, or
‘‘(ii) a grantee under this subpart who, in estab-
lishing such procedures, practices, and policies, was
acting under the direction of any employee of such
Office that is authorized by the Director of such Office
to provide such direction,
shall, with respect to the period beginning on the date of
the establishment of such procedures, practices, and policies,
and ending on the date (if any) on which the Director of
such Office revokes authorization for such procedures, prac-
tices, and policies, be considered appropriate and acceptable
procedures, practices, and policies which are in conformity
with Federal law.
‘‘(C) A local educational agency may not be held liable
to the United States, or be otherwise penalized, by reason
of the findings of an audit that relate to the date of comple-
tion, or the date of submission, of any forms used to estab-
488
lish, before April 28, 1988, a child’s eligibility for entitle-
ment under the Indian Elementary and Secondary School
Assistance Act.
‘‘(2) Any local educational agency that provides false
information in the application for a grant under this sub-
part shall be ineligible to apply for any other grants under
this part and shall be liable to the United States for any
funds provided under this part that have not been expended.
‘‘(3) Any student who provides false information on
the form required under subsection (d)(1) may not be taken
into account in determining the amount of any grant under
this part.
‘‘(g) For purposes of distribution of funds under this
Act to schools funded by the Bureau of Indian Affairs, the
Secretary shall use the count of the number of students in
each such school funded under the Indian Student Equali-
zation Formula developed pursuant to section 1128 of Pub-
lic Law 95–561, in lieu of the requirements of this section.
‘‘SEC. 6107. PAYMENTS.
‘‘(a) GENERAL.—The Secretary shall pay each local
educational agency with an application approved under
this part the amount determined under section 6103, subject
to subsections (b) and (c) of this section and shall notify
such local educational agency of the amount no later than
June 1 of the year in which the grant will be paid.
489
‘‘(b) PAYMENTS
TAKEN
INTO
ACCOUNT
BY
THE
STATE.—The Secretary shall not make a grant under this
part for any fiscal year to any local educational agency
in a State that has taken into consideration payments
under this part (or under subpart 1 of the Indian Edu-
cation Act of 1988) in determining the eligibility of the
local educational agency for State aid, or the amount of
that aid, with respect to the free public education of chil-
dren during that year or the preceding fiscal year.
‘‘(c) REDUCTION OF PAYMENT FOR FAILURE TO MAIN-
TAIN FISCAL EFFORT.—(1) The Secretary shall not pay
any local educational agency the full amount determined
under section 6103 for any fiscal year unless the State edu-
cational agency notifies the Secretary, and the Secretary
determines, that the combined fiscal effort of that local agen-
cy and the State with respect to the provision of free public
education by such local agency for the preceding fiscal year,
computed on either a per-student or aggregate expenditure
basis, was not less than 90 percent of such combined fiscal
effort, computed on the same basis, for the second preceding
fiscal year.
‘‘(2) If the Secretary determines for any fiscal year
that a local educational agency failed to maintain its fiscal
effort at the 90 percent level required by paragraph (1), the
Secretary shall—
490
‘‘(A) reduce the amount of the grant that would
otherwise be made to the agency under this part in
the exact proportion of such agency’s failure to main-
tain its fiscal effort at such level; and
‘‘(B) not use the reduced amount of the agency’s
expenditures for the preceding year to determine com-
pliance with paragraph (1) for any succeeding fiscal
year, but shall use the amount of expenditures that
would have been required to comply with paragraph
(1).
‘‘(3)(A) The Secretary may waive the requirement of
paragraph (1), for not more than one year at a time, if
the Secretary determines that the failure to comply with
such requirement is due to exceptional or uncontrollable cir-
cumstances, such as a natural disaster or a precipitous and
unforeseen decline in the agency’s financial resources.
‘‘(B) The Secretary shall not use the reduced amount
of such agency’s expenditures for the fiscal year preceding
the fiscal year for which a waiver is granted to determine
compliance with paragraph (1) for any succeeding fiscal
year, but shall use the amount of expenditures that would
have been required to comply with paragraph (1) in the
absence of the waiver.
491
‘‘(d) REALLOCATIONS.—The Secretary may reallocate,
in the manner the Secretary determines will best carry out
the purpose of this part, any amounts that—
‘‘(1) based on estimates by local educational
agencies or other information, will not be needed by
such agencies to carry out their approved projects
under this part; or
‘‘(2) otherwise become available for reallocation
under this part.
‘‘PART B—SPECIAL PROGRAMS AND PROJECTS
TO IMPROVE EDUCATIONAL OPPORTUNITIES
FOR INDIAN CHILDREN
‘‘SEC. 6201. IMPROVEMENT OF EDUCATIONAL OPPORTUNI-
TIES FOR INDIAN CHILDREN.
‘‘(a) IN GENERAL.—The Secretary shall carry out a
program of making grants for the improvement of edu-
cational opportunities for Indian children—
‘‘(1) to support planning, pilot, and demonstra-
tion projects, in accordance with subsection (b), which
are designed to test and demonstrate the effectiveness
of programs for improving educational opportunities
for Indian children;
‘‘(2) to assist in the establishment and operation
of programs, in accordance with subsection (c), which
are designed to stimulate—
492
‘‘(A) the provision of educational services
not available to Indian children in sufficient
quantity or quality, and
‘‘(B) the development and establishment of
exemplary educational programs to serve as
models for regular school programs in which In-
dian children are educated;
‘‘(3) to assist in the establishment and operation
of preservice and inservice training programs, in ac-
cordance with subsection (d), for persons serving In-
dian children as educational personnel; and
‘‘(4) to encourage the dissemination of informa-
tion and materials relating to, and the evaluation of
the effectiveness of, education programs which may
offer educational opportunities to Indian children.
‘‘(b) DEMONSTRATION PROJECTS.—The Secretary is
authorized to make grants to State and local educational
agencies, federally supported elementary and secondary
schools for Indian children and to Indian tribes, Indian
organizations, and Indian institutions to support plan-
ning, pilot, and demonstration projects which are designed
to plan for, and test and demonstrate the effectiveness of,
programs for improving educational opportunities for In-
dian children, including—
493
‘‘(1) innovative programs related to the edu-
cational needs of educationally deprived children;
‘‘(2) bilingual and bicultural education pro-
grams and projects;
‘‘(3) special health and nutrition services and
other related activities which meet the special health,
social, and psychological problems of Indian children;
and
‘‘(4) coordination of the operation of other feder-
ally assisted programs which may be used to assist in
meeting the needs of such children.
‘‘(c) SERVICES AND PROGRAMS TO IMPROVE EDU-
CATIONAL OPPORTUNITIES.—
‘‘(1) The Secretary is authorized to make grants
to State and local educational agencies and to tribal
and other Indian community organizations to assist
them in developing and establishing educational serv-
ices and programs specifically designed to improve
educational opportunities for Indian children. Such
grants may be used—
‘‘(A) to provide educational services not
available to such children in sufficient quantity
or quality, including—
‘‘(i) remedial and compensatory in-
struction, school health, physical education,
494
psychological, and other services designed to
assist and encourage Indian children to
enter, remain in, or reenter elementary or
secondary school;
‘‘(ii) comprehensive academic and vo-
cational instruction;
‘‘(iii) instructional materials (such as
library books, textbooks, and other printed,
published, or audiovisual materials) and
equipment;
‘‘(iv) comprehensive guidance, counsel-
ing, mentoring, and testing services;
‘‘(v) special education programs for
disabled and gifted and talented Indian
children;
‘‘(vi) early childhood programs, includ-
ing kindergarten;
‘‘(vii) bilingual and bicultural edu-
cation programs; and
‘‘(viii) other services which meet the
purposes of this subsection; and
‘‘(B) to establish and operate exemplary
and innovative educational programs and cen-
ters, involving new educational approaches,
methods, and techniques designed to enrich pro-
495
grams of elementary and secondary education for
Indian children.
‘‘(2) In addition to the grants provided under
paragraph (1), the Secretary is authorized to provide
grants to consortia of Indian tribes or tribal organi-
zations, local educational agencies, and institutions of
higher education for the purpose of developing, im-
proving, and implementing a program of—
‘‘(A) encouraging Indian students to ac-
quire a higher education, and
‘‘(B) reducing the incidence of dropouts
among elementary and secondary school stu-
dents.
‘‘(d) TRAINING.—
‘‘(1) The Secretary is authorized to make grants
to institutions of higher education and to State and
local educational agencies, in combination with insti-
tutions of higher education, for carrying out pro-
grams and projects—
‘‘(A) to prepare persons to serve Indian stu-
dents as teachers, administrators, teacher aides,
social workers, and ancillary educational person-
nel; and
496
‘‘(B) to improve the qualifications of such
persons who are serving Indian students in such
capacities.
‘‘(2) Grants made under this subsection may be
used for the establishment of fellowship programs
leading to an advanced degree, for institutes and, as
part of a continuing program, for seminars,
symposia, workshops, and conferences.
‘‘(3) In programs funded by grants authorized
under this subsection, preference shall be given to the
training of Indians.
‘‘(4) In making grants under this subsection, the
Secretary shall consider prior performance and may
not limit eligibility on the basis of the number of pre-
vious grants or the length of time for which the appli-
cant has received grants.
‘‘(d) APPLICATIONS FOR GRANTS.—
‘‘(1) Applications for a grant under this section
shall be submitted at such time, in such manner, and
shall contain such information, and shall be consist-
ent with such criteria, as may be required under reg-
ulations prescribed by the Secretary. Such applica-
tions shall—
‘‘(A) set forth a statement describing the ac-
tivities for which assistance is sought;
497
‘‘(B) in the case of an application for a
grant under subsection (c)—
‘‘(i) subject to such criteria as the Sec-
retary shall prescribe, provide for—
‘‘(I) the use of funds available
under this section, and
‘‘(II) the coordination of other re-
sources available to the applicant,
in order to ensure that, within the scope of
the purpose of the project, there will be a
comprehensive program to achieve the pur-
poses of this section, and
‘‘(ii) provide for the training of per-
sonnel participating in the project; and
‘‘(C) provide for an evaluation of the effec-
tiveness of the project in achieving its purpose
and the purposes of this section.
‘‘(2)(A) The Secretary may approve an applica-
tion for a grant under subsection (b) or (c) only if
the Secretary is satisfied that such application, and
any document submitted with respect thereto—
‘‘(i) demonstrate that—
‘‘(I) there has been adequate participa-
tion by the parents of the children to be
498
served and tribal communities in the plan-
ning and development of the project, and
‘‘(II) there will be such participation
in the operation and evaluation of the
project, and
‘‘(ii) provide for the participation, on an
equitable basis, of eligible Indian children—
‘‘(I) who reside in the area to be
served,
‘‘(II) who are enrolled in private non-
profit elementary and secondary schools,
and
‘‘(III) whose needs are of the type
which the program is intended to meet,
to the extent consistent with the number of such
children.
‘‘(B) In approving applications under this sec-
tion, the Secretary shall give priority to applications
from Indian educational agencies, organizations, and
institutions.
‘‘SEC. 6202. SPECIAL EDUCATIONAL TRAINING PROGRAMS
FOR THE TEACHERS OF INDIAN CHILDREN.
‘‘(a) IN GENERAL.—
‘‘(1) The Secretary is authorized to make grants
to, and enter into contracts with, institutions of
499
higher education, Indian organizations, and Indian
tribes for the purpose of—
‘‘(A) preparing individuals for teaching or
administering special programs and projects de-
signed to meet the special educational needs of
Indian people, and
‘‘(B) providing in-service training for per-
sons teaching in such programs.
‘‘(2) Priority shall be given in the awarding of
grants, and in the entering into of contracts, under
subsection (a) to Indian institutions and organiza-
tions.
‘‘(b) FELLOWSHIPS AND TRAINEESHIPS.—
‘‘(1) In carrying out the provisions of this sec-
tion, the Secretary is authorized to award fellowships
and traineeships to individuals and to make grants
to, and to enter into contracts with, institutions of
higher education, Indian organizations, and Indian
tribes for the costs of education allowances.
‘‘(2) In awarding fellowships and traineeships
under this subsection, the Secretary shall give pref-
erence to Indians.
‘‘(3) In the case of traineeships and fellowships,
the Secretary is authorized to grant stipends to, and
500
allowances for dependents of, persons receiving
traineeships and fellowships.
‘‘SEC. 6203. FELLOWSHIPS FOR INDIAN STUDENTS.
‘‘(a) IN GENERAL.—During each fiscal year ending
prior to October 1, 1999, the Secretary is authorized to
award fellowships to be used for study in graduate and pro-
fessional programs at institutions of higher education. Such
fellowships shall be awarded to Indian students in order
to enable them to pursue a course of study of not more than
4 academic years leading toward a postbaccalaureate degree
in medicine, clinical psychology, psychology, law, edu-
cation, and related fields or leading to an undergraduate
or graduate degree in engineering, business administration,
natural resources, and related fields.
‘‘(b) STIPENDS.—The Secretary shall pay to persons
awarded fellowships under subsection (a) such stipends (in-
cluding such allowances for subsistence of such persons and
their dependents) the Secretary may determine to be con-
sistent with prevailing practices under comparable federally
supported programs.
‘‘(c) PAYMENTS TO INSTITUTIONS IN LIEU OF TUI-
TION.—The Secretary shall pay to the institution of higher
education at which the holder of a fellowship awarded under
subsection (a) is pursuing a course of study, in lieu of tui-
tion charged such holder, such amounts as the Secretary
501
may determine to be necessary to cover the cost of education
provided the holder of such a fellowship.
‘‘(d) SPECIAL RULES.—
‘‘(1) The Secretary may, if a fellowship awarded
under subsection (a) is vacated prior to the end of the
period for which it was awarded, award an addi-
tional fellowship for the remainder of such period.
‘‘(2) By no later than the date that is 45 days
before the commencement of an academic term, the
Secretary shall provide to each individual who is
awarded a fellowship under subsection (a) for such
academic term written notice of the amount of such
fellowship and of any stipends or other payments that
will be made under this section to, or for the benefit
of, such individual for such academic term.
‘‘(3) Not more than 10 percent of the fellowships
awarded under subsection (a) shall be awarded, on a
priority basis, to persons receiving training in guid-
ance counseling with a specialty in the area of alcohol
and substance abuse counseling and education.
‘‘(e) SERVICE OBLIGATION.—The Secretary shall, by
regulation, require that individuals who receive training
under this section perform related work and shall notify
such local educational agency of the amount no later than
502
June 1 of the year in which the grant will be paid following
that training or repay all or part of the cost of the training.
‘‘SEC. 6204. GIFTED AND TALENTED.
‘‘(a) ESTABLISHMENT OF CENTERS.—The Secretary
shall establish 2 centers for gifted and talented Indian stu-
dents at tribally controlled community colleges.
‘‘(b) DEMONSTRATION PROJECTS.—
‘‘(1) The Secretary shall award separate grants
to, or enter into contracts with—
‘‘(A) 2 tribally controlled community col-
leges that—
‘‘(i) are eligible for funding under the
Tribally Controlled Community College As-
sistance Act of 1978, and
‘‘(ii) are fully accredited, or
‘‘(B) if acceptable applications are not sub-
mitted to the Secretary by 2 of such colleges, the
American Indian Higher Education Consortium,
for the establishment of centers under subsection (a)
and for demonstration projects designed to address the
special needs of Indian students in elementary and
secondary schools who are gifted and talented and to
provide such support services to their families that
are needed to enable the students to benefit from the
project.
503
‘‘(2) Any person to whom a grant is made, or
with whom a contract is entered into, under para-
graph (1) may enter into a contract with any other
persons, including the Children’s Television Work-
shop, for the purpose of carrying out the demonstra-
tion projects for which such grant was awarded or for
which the contract was entered into by the Secretary.
‘‘(3) Demonstration projects funded under this
section may include—
‘‘(A) the identification of the special needs
of gifted and talented students, particularly at
the elementary school level, with attention to the
emotional and psychosocial needs of these stu-
dents and to the provision of those support serv-
ices to their families that are needed to enable
these students to benefit from the project;
‘‘(B) 
the 
conduct 
of 
educational,
psychosocial, and developmental activities which
hold reasonable promise of resulting in substan-
tial progress toward meeting the educational
needs of such gifted and talented children, in-
cluding, but not limited to, demonstrating and
exploring the use of Indian languages and expo-
sure 
to 
Indian 
cultural 
traditions, 
and
mentoring and apprenticeship programs;
504
‘‘(C) the provision of technical assistance
and the coordination of activities at schools
which receive grants under subsection (c) with
respect to the activities funded by such grants,
the evaluation of programs at such schools fund-
ed by such grants, or the dissemination of such
evaluations;
‘‘(D) the use of public television in meeting
the special educational needs of such gifted and
talented children;
‘‘(E) leadership programs designed to rep-
licate programs for such children throughout the
United States, including the dissemination of in-
formation 
derived 
from 
the 
demonstration
projects conducted under this section; and
‘‘(F) appropriate research, evaluation, and
related activities pertaining to the needs of such
children and to the provision of such support
services to their families that are needed to en-
able such children to benefit from the project.
‘‘(c) ADDITIONAL GRANTS.—
‘‘(1) The Secretary, in consultation with the Sec-
retary of the Interior, shall provide 5 grants to schools
that are Bureau funded schools for program research
and development regarding, and the development and
505
dissemination of curriculum and teacher training
material regarding—
‘‘(A) gifted and talented students,
‘‘(B) college preparatory studies (including
programs for Indian students interested in teach-
ing careers),
‘‘(C) students with special culturally related
academic needs, including social, lingual, and
cultural needs, and
‘‘(D) math and science education.
‘‘(2) Applications for the grants provided under
paragraph (1) shall be submitted to the Secretary in
such form and at such time as the Secretary may pre-
scribe. Applications for such grants by Bureau
schools, and the administration of any of such grants
made to a Bureau school, shall be undertaken jointly
by the supervisor of the Bureau school and the local
school board.
‘‘(3) Grants may be provided under paragraph
(1) for one or more activities described in paragraph
(1).
‘‘(4) In providing grants under paragraph (1),
the Secretary shall—
‘‘(A) achieve a mixture of programs de-
scribed in paragraph (1) which ensures that stu-
506
dents at all grade levels and in all geographic
areas of the United States are able to participate
in some programs funded by grants provided
under this subsection, and
‘‘(B) ensure that a definition of the term
‘gifted and talented student’ for purposes of this
section and section 1128(c)(3)(A)(i) of the Edu-
cation Amendments of 1978 is developed as soon
as possible.
‘‘(5) Subject to the availability of appropriated
funds, grants provided under paragraph (1) shall be
made for a 3-year period and may be renewed by the
Secretary for additional 3-year periods if perform-
ance by the grantee is satisfactory to the Secretary.
‘‘(6)(A) The dissemination of any materials de-
veloped from activities funded by grants provided
under paragraph (1) shall be carried out in coopera-
tion with institutions receiving funds under sub-
section (b).
‘‘(B) The Secretary shall report to the Secretary
of the Interior and to the Congress any results from
activities described in paragraph (4)(B).
‘‘(7)(A) The costs of evaluating any activities
funded by grants made under paragraph (1) shall be
divided between the school conducting such activities
507
and the demonstration project recipients under sub-
section (b).
‘‘(B) If no funds are provided under subsection
(b) for—
‘‘(i) the evaluation of activities funded by
grants made under paragraph (1),
‘‘(ii) technical assistance and coordination
with respect to such activities, or
‘‘(iii) dissemination of such evaluations,
the Secretary shall, by grant or through contract, pro-
vide for such evaluations, technical assistance, coordi-
nation, and dissemination.
‘‘(d) INFORMATION NETWORK.—The Secretary shall
encourage persons to whom a grant is made, or with whom
a contract is entered into, under this section to work coop-
eratively as a national network so that the information de-
veloped by such persons is readily available to the entire
educational community.
‘‘SEC. 6205. TRIBALLY CONTROLLED SCHOOLS ACT.
‘‘(a) TIMELY PAYMENTS.—Subsection (a) is amended
to read as follows:
‘‘ ‘(a)(1) Except as otherwise provided in this sub-
section, the Secretary shall make payments to grantees
under this part in 2 payments:
508
‘‘ ‘(A) one payment to be made no later than
July 1 of each year in an amount equal to one-half
of the amount which the grantee was entitled to re-
ceive during the preceding academic year, and
‘‘ ‘(B) the second payment, consisting of the re-
mainder to which the grantee is entitled for the aca-
demic year, shall be made no later than December 1
of each year.
‘‘ ‘(2) For any school for which no payment was made
from Bureau funds in the preceding academic year, full
payment of the amount computed for the first academic
year of eligibility under this part shall be made no later
than December 1 of the academic year.
‘‘ ‘(3) With regard to funds for grantees that become
available for obligation on October 1 of the fiscal year for
which they are appropriated, the Secretary shall make pay-
ments to grantees no later than December 1 of the fiscal
year.
‘‘ ‘(4) The provisions of the Prompt Payment Act (31
U.S.C. 3901 et seq.) shall apply to the payments required
to be made by paragraphs (1), (2), and (3) of this sub-
section.’.
‘‘(b) Paragraph (3) is amended by striking ‘Para-
graphs (1) and (2)’ and inserting in lieu thereof ‘Para-
509
graphs (1), (2), and (3)’, and is renumbered as paragraph
‘(5)’.
‘‘PART C—SPECIAL PROGRAMS RELATING TO
ADULT EDUCATION FOR INDIANS
‘‘SEC. 6301. IMPROVEMENT OF EDUCATIONAL OPPORTUNI-
TIES FOR ADULT INDIANS.
‘‘(a) IN GENERAL.—The Secretary shall carry out a
program of awarding grants to State and local educational
agencies and to Indian tribes, institutions, and organiza-
tions—
‘‘(1) to support planning, pilot, and demonstra-
tion projects which are designed to test and dem-
onstrate the effectiveness of programs for improving
employment and educational opportunities for adult
Indians;
‘‘(2) to assist in the establishment and operation
of programs which are designed to stimulate—
‘‘(A) the provision of basic literacy opportu-
nities to all nonliterate Indian adults, and
‘‘(B) the provision of opportunities to all
Indian adults to qualify for a high school
equivalency certificate in the shortest period of
time feasible;
‘‘(3) to support a major research and develop-
ment program to develop more innovative and effec-
510
tive techniques for achieving the literacy and high
school equivalency goals;
‘‘(4) to provide for basic surveys and evaluations
to define accurately the extent of the problems of illit-
eracy and lack of high school completion among Indi-
ans; and
‘‘(5) to encourage the dissemination of informa-
tion and materials relating to, and the evaluation of
the effectiveness of, education programs which may
offer educational opportunities to Indian adults.
‘‘(b) EDUCATIONAL SERVICES.—The Secretary is au-
thorized to make grants to Indian tribes, Indian institu-
tions, and Indian organizations to develop and establish
educational services and programs specifically designed to
improve educational opportunities for Indian adults.
‘‘(c) INFORMATION AND EVALUATION.—The Secretary
is also authorized to make grants to, and to enter into con-
tracts with, public agencies and institutions and Indian
tribes, institutions, and organizations for—
‘‘(1) the dissemination of information concerning
educational programs, services, and resources avail-
able to Indian adults, including evaluations thereof;
and
‘‘(2) the evaluation of federally assisted programs
in which Indian adults may participate to determine
511
the effectiveness of such programs in achieving the
purposes of such programs with respect to such
adults.
‘‘(d) APPLICATIONS.—
‘‘(1) Applications for a grant under this section
shall be submitted at such time, in such manner, con-
tain such information, and be consistent with such
criteria, as may be required under regulations pre-
scribed by the Secretary. Such applications shall—
‘‘(A) set forth a statement describing the ac-
tivities for which assistance is sought; and
‘‘(B) provide for an evaluation of the effec-
tiveness of the project in achieving its purposes
and the purposes of this section.
‘‘(2) The Secretary shall not approve an applica-
tion for a grant under subsection (a) unless the Sec-
retary is satisfied that such application, and any doc-
uments submitted with respect thereto, indicate
that—
‘‘(A) there has been adequate participation
by the individuals to be served and tribal com-
munities in the planning and development of the
project, and
‘‘(B) there will be such a participation in
the operation and evaluation of the project.
512
‘‘(3) In approving applications under subsection
(a), the Secretary shall give priority to applications
from Indian educational agencies, organizations, and
institutions.
‘‘PART D—NATIONAL ACTIVITIES AND GRANTS TO
STATES
‘‘SEC. 6401. NATIONAL ACTIVITIES.
‘‘(a) AUTHORIZED ACTIVITIES.—From funds appro-
priated for any fiscal year to carry out this section, the
Secretary may—
‘‘(1) conduct research related to effective ap-
proaches to the education of Indian children and
adults;
‘‘(2) evaluate federally assisted education pro-
grams from which Indian children and adults may
benefit;
‘‘(3) collect and analyze data on the educational
status and needs of Indians; and
‘‘(4) carry out other activities consistent with the
purpose of this Act.
‘‘(b) ELIGIBILITY.—The Secretary may carry out any
of the activities described in subsection (a) directly or
through grants to, or contracts or cooperative agreements
with, Indian tribes, Indian organizations, State edu-
cational agencies, local educational agencies, institutions of
513
higher education, including Indian institutions of higher
education, and other public and private agencies and insti-
tutions.
‘‘(c) COORDINATION.—Research activities supported
under this section—
‘‘(1) shall be carried out in consultation with the
Office of Educational Research and Improvement to
assure that such activities are coordinated with and
enhance the research and development activities sup-
ported by the Office; and
‘‘(2) may include collaborative research activities
which are jointly funded and carried out by the Office
of Indian Education and the Office of Educational
Research and Improvement.
‘‘SEC. 6402. STATE EDUCATIONAL AGENCY REVIEW.
‘‘(a) Before submitting its application to the Sec-
retary, the local educational agency shall submit its appli-
cation to the State educational agency.
‘‘(b) The State education agency may send to the Sec-
retary comments on each local educational agency applica-
tion its reviews. The Secretary shall take such comments
into consideration in reviewing such application.
514
‘‘PART E—FEDERAL ADMINISTRATION
‘‘SEC. 6501. OFFICE OF INDIAN EDUCATION.
‘‘(a) OFFICE OF INDIAN EDUCATION.—There shall be
an Office of Indian Education (referred to in this section
as ‘the Office’) in the Department of Education.
‘‘(b) DIRECTOR.—(1) The Office shall be under the di-
rection of the Director, who shall be appointed by the Sec-
retary and who shall report directly to the Assistant Sec-
retary for Elementary and Secondary Education.
‘‘(2) The Director shall—
‘‘(A) be responsible for administering this title;
‘‘(B) be involved in, and be primarily respon-
sible for, the development of all policies affecting In-
dian children and adults under programs adminis-
tered by the Office of Elementary and Secondary
Education;
‘‘(C) coordinate the development of policy and
practice for all programs in the Department relating
to Indian persons; and
‘‘(D) assist the Assistant Secretary of the Office
of Educational Research and Improvement in identi-
fying research priorities related to the education of
Indian persons.
‘‘(3) The Director of the Office shall be a member of
the career Senior Executive Service.
515
‘‘(c) INDIAN PREFERENCE IN EMPLOYMENT.—(1) The
Secretary shall give a preference to Indian persons in all
personnel actions in the Office.
‘‘(2) Such preference shall be implemented in the same
fashion as the preference given to any veteran under section
2609 of the Revised Statutes, section 45 of title 25, United
States Code.
‘‘SEC. 6502. NATIONAL ADVISORY COUNCIL ON INDIAN EDU-
CATION.
‘‘(a) MEMBERSHIP.—There shall be a National Advi-
sory Council on Indian Education (referred to in this sec-
tion as ‘the Council’), which shall—
‘‘(1) consist of 15 Indian members, who shall be
appointed by the President from lists of nominees fur-
nished, from time to time, by Indian tribes and orga-
nizations; and
‘‘(2) represent different geographic areas of the
country.
‘‘(b) DUTIES.—The Council shall—
‘‘(1) advise the Secretary on the funding and ad-
ministration, including the development of regula-
tions and of administrative policies and practices, of
any program, including programs under this title, for
which the Secretary is responsible and in which In-
516
dian children or adults participate or from which
they can benefit;
‘‘(2) make recommendations to the Secretary for
filling the Director’s position whenever a vacancy oc-
curs in such position; and
‘‘(3) submit to the Congress, by June 30 of each
year, a report on its activities, which shall include—
‘‘(A) any recommendations it finds appro-
priate for the improvement of Federal education
programs in which Indian children or adults
participate, or from which they can benefit; and
‘‘(B) its recommendations with respect to
the funding of any such programs.
‘‘SEC. 6503. PEER REVIEW.
‘‘In reviewing applications under parts B, C, and D
of this title, the Secretary may use a peer review process.
‘‘SEC. 6504. PREFERENCE FOR INDIAN APPLICANTS.
‘‘In making grants under parts B and C of this title,
the Secretary shall give a preference to Indian tribes, In-
dian organizations, and Indian institutions of higher edu-
cation under any program for which they are eligible to
apply.
‘‘SEC. 6505. MINIMUM GRANT CRITERIA.
‘‘In making grants under parts B and C of this title,
the Secretary shall approve only projects that are—
517
‘‘(1) of sufficient size, scope, and quality to
achieve the purpose of the section under which assist-
ance is sought; and
‘‘(2) based on relevant research findings.
‘‘PART F—DEFINITIONS; AUTHORIZATIONS
OF APPROPRIATIONS
‘‘SEC. 6601. DEFINITIONS.
‘‘The following definitions apply to terms as used in
this title:
‘‘(1) The term ‘adult’ means an individual who
is either—
‘‘(A) not less than 16 years old; or
‘‘(B) beyond the age of compulsory school
attendance under State law.
‘‘(2) The term ‘adult education’ has the meaning
given such term in section 312(2) of the Adult Edu-
cation Act.
‘‘(3) The term ‘free public education’ means edu-
cation that is—
‘‘(A) provided at public expense, under pub-
lic supervision and direction, and without tui-
tion charge; and
‘‘(B) provided as elementary or secondary
education in the applicable State or to preschool
children.
518
‘‘(4) The term ‘Indian’ means an individual who
is—
‘‘(A) a member of an Indian tribe or band,
as membership is defined by the tribe or band,
including—
‘‘(i) tribes and bands terminated since
1940; and
‘‘(ii) tribes and bands recognized by
the State in which they reside;
‘‘(B) a descendant, in the first or second de-
gree, of an individual described in subparagraph
(A);
‘‘(C) considered by the Secretary of the Inte-
rior to be an Indian for any purpose; or
‘‘(D) an Eskimo, Aleut, or other Alaska Na-
tive.
‘‘SEC. 6602. AUTHORIZATIONS OF APPROPRIATIONS.
‘‘(a) PART A.—For the purpose of carrying out part
A of this title, there are authorized to be appropriated
$61,300,000 for fiscal year 1995 and such sums as may be
necessary for each of the fiscal years 1996, 1997, 1998, and
1999.
‘‘(b) PARTS B THROUGH D.—For the purpose of car-
rying out parts B, C, and D of this title, there are author-
ized to be appropriated $20,925,000 for fiscal year 1995
519
and such sums as may be necessary for each of the fiscal
years 1996, 1997, 1998, and 1999.
‘‘(c) PART E.—For the purpose of carrying out part
E of this title, including section 6502, there are authorized
to be appropriated $3,775,000 for fiscal year 1995 and such
sums as may be necessary for each of the fiscal years 1996,
1997, 1998, and 1999.
‘‘PART G—BUREAU OF INDIAN AFFAIRS
PROGRAMS
‘‘SEC. 6701. STANDARDS FOR THE BASIC EDUCATION OF IN-
DIAN CHILDREN IN BUREAU OF INDIAN AF-
FAIRS SCHOOLS.
‘‘(a) The purpose of the standards developed under this
section shall be to afford Indian students being served by
a Bureau funded school with the same opportunities as all
other students to achieve the high goals embodied in the
Goals 2000: Educate America Act. Consistent with the pro-
visions of this section and section 6711 of this part, the
Secretary shall take such actions as are necessary to coordi-
nate standards developed and implemented under this sec-
tion with those in the State plans developed and imple-
mented pursuant to the GOALS 2000 Educate America Act
for the States in which each Bureau funded school operates.
In developing and reviewing these standards and such co-
ordination, the Secretary shall utilize the findings and rec-
520
ommendations of the panel established by the Goals 2000:
Educate America Act
‘‘(b) The Secretary, in consultation with the Secretary
of Education, and in consultation with Indian organiza-
tions and tribes, shall carry out or cause to be carried out
by contract with an Indian organization such studies and
surveys, making the fullest use possible of other existing
studies, surveys, and plans, as are necessary to establish
and revise standards for the basic education of Indian chil-
dren attending Bureau funded schools. Such studies and
surveys shall take into account factors such as academic
needs, local cultural differences, type and level of language
skills, geographic isolation, and appropriate teacher-student
ratios for such children, and shall be directed toward the
attainment of equal eductional opportunity for such chil-
dren.
‘‘(c)(1) Within 18 months of the date of enactment of
this Act, the Secretary shall revise the minimum academic
standards published in the Federal Register of November
1983 for the basic education of Indian chlidren which are
consistent with subsections (a) and (b) of this section and
section 6711, and shall distribute such revised standards in
the Federal Register for the purpose of receiving comments
from the tribes and other interested parties. Within 21
months of the date of enactment of the Elementary and Sec-
521
ondary Education Act Amendments of 1993, the Secretary
shall establish final standards, distribute such standards to
all the tribes and publish such standards in the Federal
Register. The Secretary shall revise such standards periodi-
cally as necessary. Prior to any revision of such standards,
the Secretary shall distribute such proposed revision to all
the tribes, and publish such proposed revision in the Federal
Register, for the purpose of receiving comments from the
tribes and other interested parties.
‘‘(2) Such standards shall apply to Bureau schools,
and subject to subsection (f), to contract and grant schools,
and may also serve as a model for educational programs
for Indian children in public schools. In establishing and
revising such standards, the Secretary shall take into ac-
count the special needs of Indian students and the support
and reinforcement of the specific cultural heritage of each
tribe. Such standards shall include a requirement, developed
in coordination with Indian tribes, the affected local school
boards, the Indian Health Service of the Department of
Health and Human Services, the State health departments,
and the Centers for Disease Control and Prevention, on im-
munization for childhood diseases, including provisions for
in-school immunization, where necessary.
‘‘(d) The Secretary shall provide alternative or modi-
fied standards in lieu of the standards established under
522
subsection (c), where necessary, so that the programs of each
school shall be in compliance with the minimum standards
required for accreditation of schools in the State where the
school is located.
‘‘(e) A tribal governing body, or the local school board
so designated by the tribal governing body, shall have the
local authority to waive, in part or in whole, the standards
established under subsections (c) and (d), where such stand-
ards are deemed by such body to be inappropriate or ill-
conceived. The tribal governing body or designated school
board shall, within 60 days thereafter, submit to the Sec-
retary a proposal for alternative standards that takes into
account the specific needs of the tribe’s children. Such re-
vised standards shall be established by the Secretary unless
specifically rejected by the Secretary for good cause and in
writing to the affected tribes or local school board, which
rejection shall be final and unreviewable.
‘‘(f)(1) The Secretary, through contracting and grant-
making procedures, shall assist school boards of contract
and grant schools in the implementation of the standards
established under subsection (c) and (d), if the school boards
request that such standards, in part or in whole, be imple-
mented. At the request of a contract or grant school board,
the Secretary shall provide alternative or modified stand-
ards for the standards established under subsections (c) and
523
(d) to take into account the needs of the Indian children
and the contract or grant school.
‘‘(2) Within 1 year of the date of the enactment of the
Indian Education Technical Amendments Act of 1985, the
Bureau shall, either directly or through contract with an
Indian organization, establish a consistent system of report-
ing standards for fiscal control and fund accounting for all
contract schools. Such standards shall yield data results
comparable to those used by Bureau schools.
‘‘(g) Subject to subsections (e) and (f), the Secretary
shall begin to implement the standards established under
this section immediately upon the date of their establish-
ment. No later than January 1, 1995, and at each time
thereafter that the annual budget request for Bureau edu-
cational services is presented, the Secretary shall submit to
the appropriate committees of Congress a detailed plan to
bring all Bureau and contract and grant schools up to the
level required by the applicable standards established under
this section. Such plan shall include, but not be limited to,
detailed information on the status of each school’s edu-
cational program in relation to the applicable standards
established under this section, specific cost estimates for
meeting such standards at each school, and specific time
lines for bringing each school up to the level required by
such standards.
524
‘‘(h)(1) Except as specifically required by statute, no
school or peripheral dormitory operated by the Bureau of
Indian Affairs on or after January 1, 1992, may be closed
or consolidated or have its program substantially curtailed
unless done according to the requirements of this subsection,
except that, in those cases where the tribal governing body,
or the local school board concerned (if so designated by the
tribal governing body), requests closure or consolidation, the
requirements of this subsection shall not apply. The require-
ments of this subsection shall not apply when a temporary
closure, consolidation, or substantial curtailment is re-
quired by plant conditions which constitute an immediate
hazard to health and safety.
‘‘(2) The Secretary shall, by regulation, promulgate
standards and procedures for the closing, consolidation, or
substantial curtailment of Bureau schools in accordance
with the requirements of this subsection.
‘‘(3) Whenever closure, transfer to any other authority,
consolidation, or substantial curtailment of a school is
under active consideration or review by any division of the
Bureau or the Department of the Interior, the affected tribe,
tribal governing body, and designated local school board,
will be notified as soon as such consideration or review be-
gins, kept fully and currently informed, and afforded an
opportunity to comment with respect to such consideration
525
or review. When a formal decision is made to close, transfer
to any other authority, consolidate, or substantially curtail
a school, the affected tribe, tribal governing body, and des-
ignated local school board shall be notified at least 6 months
prior to the end of the school year preceding the proposed
effective date. Copies of any such notices and information
shall be transmitted promptly to the Congress and published
in the Federal Register.
‘‘(4) The Secretary shall make a report to Congress,
the affected tribe, and the designated local school board de-
scribing the process of the active consideration or review
referred to in paragraph (3). At a minimum, the report
shall include a study of the impact of such action on the
student population, with every effort to identify those stu-
dents with particular educational and social needs, and to
ensure that alternative services are available to such stu-
dents. Such report shall include the description of the con-
sultation conducted between the potential service provider,
current service provider, parents, tribal representative and
the tribe or tribes involved, and the Director of the Office
of Indian Education Programs within the Bureau regard-
ing such students. No irreversible action may be taken in
furtherance of any such proposed school closure, transfer to
any other authority, consolidation, or substantial curtail-
ment (including any action which would prejudice the per-
526
sonnel or programs of such school) until the end of the first
full academic year after such report is made.
‘‘(5) The Secretary may terminate, contract, transfer
to any other authority, or consolidate or substantially cur-
tail the operation or facilities of—
‘‘(A) any Bureau funded school that is operated
on or after April 1, 1987,
‘‘(B) any program of such a school that is oper-
ated on or after April 1, 1987, or
‘‘(C) any school board of a school operated under
a grant under the Tribally Controlled Schools Act of
1988 (Public Law 100–297),
only if the tribal governing body approves such action.
‘‘(i) There are hereby authorized to be appropriated
such sums as may be necessary, for academic program costs,
in order to bring all Bureau and contract schools up to
the level required by the applicable standards established
under this section.
‘‘(j)(1) All schools funded by the Bureau of Indian Af-
fairs shall include within their curriculum a program of
instruction relating to alcohol and substance abuse preven-
tion and treatment. The Assistant Secretary shall provide
the technical assistance necessary to develop and implement
such a program for students in kindergarten and grades
1 through 12, at the request of—
527
‘‘(A) any Bureau of Indian Affairs school (sub-
ject to the approval of the school board of such school);
‘‘(B) any school board of a school operating
under a contract entered into under the Indian Self-
Determination and Education Assistance Act (25
U.S.C. 450 et seq.); or
‘‘(C) any school board of a school operating
under a grant under the Tribally Controlled Schools
Act of 1988 (Public Law 100–297).
‘‘(2) In schools operated directly by the Bureau of In-
dian Affairs, the Secretary shall provide for—
‘‘(A) accurate reporting of all incidents relating
to alcohol and substance abuse; and
‘‘(B) individual student crisis intervention.
‘‘(3) The programs requested under paragraph (1)
shall be developed in consultation with the Indian tribe that
is to be served by such program and health personnel in
the local community of such tribe.
‘‘(4) Schools requesting program assistance under this
subsection are encouraged to involve family units and,
where appropriate, tribal elders and Native healers in such
instructions.
‘‘(k) For purposes of this section, the term ‘tribal gov-
erning body’ means, with respect to any school, the tribal
528
governing body, or tribal governing bodies, that represent
at least 90 percent of the students served by such school.
‘‘(l)(1)(A) The Secretary shall only consider the factors
described in subparagraphs (B) and (C) in reviewing—
‘‘(i) applications from any tribe for the award-
ing of a contract or grant for a school that is not a
Bureau funded school, and
‘‘(ii) applications from any tribe or school board
of any Bureau funded school for—
‘‘(I) a school which is not a Bureau funded
school; or
‘‘(II) the expansion of a Bureau funded
school which would increase the amount of funds
received by the Indian tribe or school board
under section 6707.
The Secretary shall give consideration to all of such factors,
but none of such applications may be denied based pri-
marily upon the geographic proximity of public education.
‘‘(B) The Secretary shall consider the following factors
relating to the program that is the subject of an application
described in subparagraph (A):
‘‘(i) the adequacy of facilities or the potential to
obtain or provide adequate facilities;
‘‘(ii) geographic and demographic factors in the
affected areas;
529
‘‘(iii) adequacy of the applicant’s program plans
or, in the case of a Bureau funded school, of projected
needs analysis done either by a tribe or by Bureau
personnel;
‘‘(iv) geographic proximity of comparable public
education; and
‘‘(v) the stated needs of all affected parties, in-
cluding (but not limited to) students, families, tribal
governments at both the central and local levels, and
school organizations.
‘‘(C) The Secretary shall consider with respect to ap-
plications described in subparagraph (A) the following fac-
tors relating to all the educational services available at the
time the application is considered:
‘‘(i) geographic and demographic factors in the
affected areas;
‘‘(ii) adequacy and comparability of programs
already available;
‘‘(iii) consistency of available programs with
tribal educational codes or tribal legislation on edu-
cation; and
‘‘(iv) the history and success of these services for
the proposed population to be served, as determined
from all factors and not just standardized examina-
tion performance.
530
‘‘(2)(A) The Secretary shall make a determination of
whether to approve any application described in paragraph
(1)(A) by no later than the date that is 180 days after the
day on which such application is submitted to the Sec-
retary.
‘‘(B) If the Secretary fails to make the determination
described in subparagraph (A) with respect to an applica-
tion by the date described in subparagraph (A), the applica-
tion shall be treated as having been approved by the Sec-
retary.
‘‘(3)(A) Any application described in paragraph
(1)(A) may be submitted to the Secretary only if—
‘‘(i) the application has been approved by the
tribal governing body of the students served by (or to
be served by) the school or program that is the subject
of the application, and
‘‘(ii) written evidence of such approval is sub-
mitted with the application.
‘‘(B) Each application described in paragraph
(1)(A)—
‘‘(i) shall provide information concerning each of
the factors described in paragraph (1)(B), and
‘‘(ii) may provide information concerning the
factors described in paragraph (1)(C).
531
‘‘(4) Whenever the Secretary makes a determination to
deny approval of any application described in paragraph
(1)(A), the Secretary shall—
‘‘(A) state the objections in writing to the appli-
cant by no later than the date that is 180 days after
the day on which the application is submitted to the
Secretary,
‘‘(B) provide assistance to the applicant to over-
come stated objections, and
‘‘(C) provide the applicant a hearing, under the
same rules and regulations pertaining to the Indian
Self-Determination and Education Assistance Act,
and an opportunity to appeal the objections raised by
the Secretary.
‘‘(5)(A) Except as otherwise provided in this para-
graph, the action which is the subject of any application
described in paragraph (1)(A) that is approved by the Sec-
retary shall become effective with the commencement of the
academic year succeeding the fiscal year in which the appli-
cation is approved, or at an earlier date determined by the
Secretary.
‘‘(B) If an application is treated as having been ap-
proved by the Secretary by reason of paragraph (2)(B), the
action that is the subject of the application shall become
effective on the date that is 18 months after the date on
532
which the application is submitted to the Secretary, or at
an earlier date determined by the Secretary.
‘‘SEC. 6702. NATIONAL CRITERIA FOR DORMITORY SITUA-
TIONS.
‘‘(a) The Secretary, in consultation with the Secretary
of the Department of Education, and in consultation with
Indian organizations and tribes, shall conduct or cause to
be conducted by contract with an Indian organization, a
study of the costs applicable to boarding arrangements for
Indian students provided in Bureau and contract and
grant schools, for the purpose of establishing national cri-
teria for such dormitory situations. Such criteria shall in-
clude adult-child ratios, needs for counselors (including spe-
cial needs related to off-reservation boarding arrange-
ments), space, and privacy.
‘‘(b) No later than January 1, 1996, the Secretary
shall propose such criteria, and shall distribute such pro-
posed criteria to the tribes and publish such proposed cri-
teria in the Federal Register for the purpose of receiving
comments from the tribes and other interested parties. With-
in eighteen months of the date of the enactment of this Act,
the Secretary shall establish final criteria, distribute such
criteria to all the tribes, and publish such criteria in the
Federal Register. The Secretary shall revise such criteria
periodically as necessary. Any revisions to the standards
533
established under this section shall be developed subject to
requirements established under section 6711.
‘‘(c) The Secretary shall begin to implement the cri-
teria established under this section immediately upon the
date of their establishment. No later than January 1, 1981,
and at each time thereafter that the annual budget request
for Bureau educational services is presented, the Secretary
shall submit to the appropriate committees of Congress a
detailed plan to bring all Bureau and contract boarding
schools up to the criteria established under this section.
Such plan shall include, but not be limited to, predictions
for the relative need for each boarding school in the future,
detailed information on the status of each school in relation
to the criteria established under this section, specific cost
estimates for meeting such criteria at each school, and spe-
cific time lines for bringing each school up to the level re-
quired by such criteria.
‘‘(d)(1) The criteria established under this section may
be waived in the same manner as the standards provided
under section 6701(c) may be waived under section 6701(e).
‘‘(2) No school in operation on or before January 1,
1987 (regardless of compliance or noncompliance with the
criteria established under this section) may be closed, trans-
ferred to another authority, consolidated or have its pro-
gram substantially curtailed for failure to meet the criteria.
534
‘‘(3) By no later than May 1, 1996, the Secretary shall
submit to the Congress a report detailing the costs associ-
ated with, and the actions necessary for, complete compli-
ance with the criteria established under this section.
‘‘(e) There are hereby authorized to be appropriated
such sums as may be necessary in order to bring each school
up to the level required by the criteria established under
this section.
‘‘SEC. 6703. REGULATIONS.
‘‘(a) The provisions of part 32 of title 25 of the Code
of Federal Regulations, as in effect on January 1, 1987,
are hereby incorporated into this Act and shall be treated
as though such provisions are set forth in this subsection.
Accordingly, such provisions may be altered only by means
of an amendment to this subsection that is contained in
an Act or joint resolution which is enacted into law. To
the extent that such provisions of part 32 do not conform
with this Act or any statutory provision of law enacted be-
fore the date of enactment of this Act, the provisions of this
Act and the provisions of such other statutory law shall gov-
ern.
‘‘(b) The provisions of parts 31, 33, 36, 39, 42, and
43 of title 25 of the Code of Federal Regulations, as in effect
on January 1, 1987, shall be applied by the Federal Gov-
ernment and shall not, before July 1, 1989, be amended,
535
revoked, or altered in any manner. No officer or employee
of the Executive Branch shall have the authority to issue
any other regulations, prior to July 1, 1989, that supersede,
supplement, or otherwise affect the provisions of such parts.
To the extent that the provisions of such parts do not con-
form with this Act or any statutory provision of law en-
acted before the date of enactment of this Act, the provisions
of this Act and the provisions of such other statutory law
shall govern.
‘‘(c) After June 30, 1989, no regulation prescribed for
the application of any program provided under this title
shall become effective unless—
‘‘(1) the regulation has been published as a pro-
posed regulation in the Federal Register,
‘‘(2) an opportunity of no less than 90 days has
been afforded the public to comment on the published
proposed regulation, and
‘‘(3) the regulation has, after such period for
public comment, been published in the Federal Reg-
ister as a final regulation.
‘‘(d) For purposes of this section, the term ‘regulation’
means any rules, regulations, guidelines, interpretations,
orders, or requirements of general applicability prescribed
by any officer or employee of the Executive Branch.