(G) does not charge tuition; 
(H) complies with the Age Discrimination 
Act of 1975 (42 U.S.C. 6101 et seq.), title VI 
of the Civil Rights Act of 1964 (42 U.S.C. 
2000d et seq.), title IX of the Education 
Amendments of 1972 (20 U.S.C. 1681 et seq.), 
section 504 of the Rehabilitation Act of 1973 
(29 U.S.C. 794), the Americans with Disabil-
ities Act of 1990 (42 U.S.C. 12101 et seq.), 
section 1232g of this title (commonly referred 
to as the ‘‘Family Educational Rights and Pri-
vacy Act of 1974’’), and part B of the Individ-
uals with Disabilities Education Act (20 U.S.C. 
1411 et seq.); 
(I) is a school to which parents choose to 
send their children, and that— 
(i) admits students on the basis of a 
lottery, 
consistent 
with 
section 
4303(c)(3)(A) of the Elementary and Sec-
ondary Education Act of 1965 (20 U.S.C. 
7221b(c)(3)(A)), if more students apply 
for admission than can be accommodated; 
or 
(ii) automatically enrolls students who 
are enrolled in the immediate prior grade 
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level of Bureau-funded schools and, for any 
additional student openings or student 
openings created through regular attrition 
in student enrollment in the affiliated 
charter school and the enrolling school, ad-
mits students on the basis of a lottery as 
described in clause (i); 
(J) agrees to comply with the same Fed-
eral audit requirements as do other Bureau- 
funded schools, unless such Federal audit re-
quirements are waived by the Bureau of Indian 
Education; 
(K) meets all applicable Federal health 
and safety requirements; 
(L) operates in accordance with Federal 
law; 
(M) has a written performance contract 
with the Bureau of Indian Education that in-
cludes a description of how student perform-
ance will be measured in charter schools pursu-
ant to assessments that are required of other 
schools and pursuant to any other assessments 
mutually agreeable to the Bureau of Indian 
Education, Tribe(s) served, and the charter 
school; and 
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(N) may serve students in early childhood 
education programs. 
(2) DEVELOPER.—The term ‘‘developer’’ means 
an individual or group of individuals (including a 
public, private, or Tribal nonprofit organization), 
which may include teachers, administrators and 
other school staff, parents, or other members of the 
local community in which a charter school project 
will be carried out. 
SEC. 5. GAO STUDY. 
Not later than 3 years after the date of enactment 
of this Act, the Comptroller General of the United States 
shall— 
(1) conduct a review of the implementation of 
the programs established by this Act during the pre-
ceding 3-year period, including any factors impact-
ing increased participation in education savings ac-
count programs established pursuant to the amend-
ments made by this Act; 
(2) submit a report describing the results of the 
review under paragraph (1) to— 
(A) the Committee on Indian Affairs of the 
Senate; and 
(B) the Subcommittee on Indian, Insular 
and Alaska Native Affairs of the Committee on 
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Natural Resources of the House of Representa-
tives; and 
(3) make the report described in paragraph (2) 
publicly available. 
SEC. 6. SEVERABILITY. 
If any provision of this Act, or an amendment made 
by this Act, or the application of such provision or amend-
ment to any person or circumstance, is held to be invalid, 
the remainder of this Act, or an amendment made by this 
Act, or the application of such provision to other persons 
or circumstances, shall not be affected. 
Æ 
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