497 
•HR 1 RH1&2 
‘‘SEC. 1121. ACCREDITATION AND STANDARDS FOR THE 
BASIC EDUCATION OF INDIAN CHILDREN IN 
BUREAU OF INDIAN AFFAIRS SCHOOLS. 
‘‘(a) PURPOSE.—The purpose of the standards imple-
mented under this section shall be to afford Indian students 
being served by a school funded by the Bureau of Indian 
Affairs the same opportunities as all other students in the 
United States to achieve the same challenging State aca-
demic achievement standards expected of all students. 
‘‘(b) STUDIES AND SURVEYS RELATING TO STAND-
ARDS.—Not later than 1 year after the date of the enact-
ment of the No Child Left Behind Act of 2001, the Sec-
retary, in consultation with the Secretary of Education, 
consortia of education organizations, and Indian organiza-
tions and tribes, and making the fullest use possible of other 
existing studies, surveys, and plans, shall carry out by con-
tract with an Indian organization, studies and surveys to 
establish and revise standards for the basic education of In-
dian children attending Bureau funded schools. Such stud-
ies and surveys shall take into account factors such as aca-
demic needs, local cultural differences, type and level of lan-
guage skills, geographic isolation, and appropriate teacher- 
student ratios for such children, and shall be directed to-
ward the attainment of equal educational opportunity for 
such children. 
‘‘(c) REVISION OF MINIMUM ACADEMIC STANDARDS.— 
VerDate Mar 15 2010 
15:07 Jun 10, 2011
Jkt 223001
PO 00000
Frm 00497
Fmt 6652
Sfmt 6203
E:\ERIC\H1.RH2
H1
rmajette on DSK89S0YB1PROD with MISCELLANEOUS
498 
•HR 1 RH1&2 
‘‘(1) IN GENERAL.—Not later than 2 years after 
the date of the enactment of the No Child Left Behind 
Act of 2001, the Secretary shall— 
‘‘(A) propose revisions to the minimum aca-
demic standards published in the Federal Reg-
ister on September 9, 1995 (50 Fed. Reg. 174) 
for the basic education of Indian children at-
tending Bureau funded schools in accordance 
with the purpose described in subsection (a) and 
the findings of the studies and surveys conducted 
under subsection (b); 
‘‘(B) publish such proposed revisions to such 
standards in the Federal Register for the purpose 
of receiving comments from the tribes, tribal 
school boards, Bureau funded schools, and other 
interested parties; and 
‘‘(C) consistent with the provisions of this 
section and section 1131, take such actions as 
are necessary to coordinate standards imple-
mented under this section with the Comprehen-
sive School Reform Plan developed by the Bu-
reau and— 
‘‘(i) with the standards of the improve-
ment plans for the States in which any 
VerDate Mar 15 2010 
15:07 Jun 10, 2011
Jkt 223001
PO 00000
Frm 00498
Fmt 6652
Sfmt 6203
E:\ERIC\H1.RH2
H1
rmajette on DSK89S0YB1PROD with MISCELLANEOUS
499 
•HR 1 RH1&2 
school operated by the Bureau of Indian Af-
fairs is located; or 
‘‘(ii) in the case where schools operated 
by the Bureau are within the boundaries of 
reservation land of one tribe but within the 
boundaries of more than one State, with the 
standards of the State improvement plan of 
one such State selected by the tribe. 
‘‘(2) FURTHER
REVISIONS.—Not later that 6 
months after the close of the comment period, the Sec-
retary shall establish final standards, distribute such 
standards to all tribes and publish such final stand-
ards in the Federal Register. The Secretary shall re-
vise such standards periodically as necessary. Prior to 
any revision of such final standards, the Secretary 
shall distribute such proposed revision to all the 
tribes, and publish such proposed revision in the Fed-
eral Register, for the purpose of receiving comments 
from the tribes and other interested parties. 
‘‘(3) APPLICABILITY OF STANDARDS.—Except as 
provided in subsection (e), the final standards pub-
lished under paragraph (2) shall apply to all Bureau 
funded schools not accredited under subsection (f), 
and may also serve as a model for educational pro-
grams for Indian children in public schools. 
VerDate Mar 15 2010 
15:07 Jun 10, 2011
Jkt 223001
PO 00000
Frm 00499
Fmt 6652
Sfmt 6203
E:\ERIC\H1.RH2
H1
rmajette on DSK89S0YB1PROD with MISCELLANEOUS
500 
•HR 1 RH1&2 
‘‘(4) CONSIDERATIONS WHEN ESTABLISHING AND 
REVISING STANDARDS.—In establishing and revising 
such standards, the Secretary shall take into account 
the unique needs of Indian students and support and 
reinforcement of the specific cultural heritage of each 
tribe. 
‘‘(d) ALTERNATIVE OR MODIFIED STANDARDS.—The 
Secretary shall provide alternative or modified standards 
in lieu of the standards established under subsection (c), 
where necessary, so that the programs of each school are 
in compliance with the minimum accreditation standards 
required for schools in the State or region where the school 
is located. 
‘‘(e) WAIVER OF STANDARDS; ALTERNATIVE STAND-
ARDS.—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) if such standards 
are deemed by such body to be inappropriate. The tribal 
governing body or designated school board shall, not later 
than 60 days after a waiver under this subsection, submit 
to the Secretary a proposal for alternative standards that 
take into account the specific needs of the tribe’s children. 
Such alternative standards shall be established by the Sec-
retary unless specifically rejected by the Secretary for good 
VerDate Mar 15 2010 
15:07 Jun 10, 2011
Jkt 223001
PO 00000
Frm 00500
Fmt 6652
Sfmt 6203
E:\ERIC\H1.RH2
H1
rmajette on DSK89S0YB1PROD with MISCELLANEOUS
501 
•HR 1 RH1&2 
cause and in writing to the affected tribes or local school 
board, which rejection shall be final and not subject to re-
view. 
‘‘(f) 
ACCREDITATION
AND
IMPLEMENTATION
OF 
STANDARDS.— 
‘‘(1) DEADLINE FOR MEETING STANDARDS.—Not 
later the second academic year after publication of the 
standards, to the extent necessary funding is pro-
vided, all Bureau funded schools shall meet the stand-
ards established under subsections (c) and (d) or shall 
be accredited— 
‘‘(A) by a tribal accrediting body, if the ac-
creditation standards of the tribal accrediting 
body have been accepted by formal action of the 
tribal governing body and are equal to or exceed 
the accreditation standards of the State or region 
in which the school is located; 
‘‘(B) by a regional accreditation agency; or 
‘‘(C) by State accreditation standards for 
the State in which it is located. 
‘‘(2) DETERMINATION OF STANDARDS TO BE AP-
PLIED.—The accreditation type or standards applied 
for each school shall be determined by the school board 
of the school, in consultation with the Administrator 
of the school, provided that in the case where the 
VerDate Mar 15 2010 
15:07 Jun 10, 2011
Jkt 223001
PO 00000
Frm 00501
Fmt 6652
Sfmt 6203
E:\ERIC\H1.RH2
H1
rmajette on DSK89S0YB1PROD with MISCELLANEOUS
502 
•HR 1 RH1&2 
School Board and the Administrator fail to agree on 
the type of accreditation and standards to apply, the 
decision of the school board with the approval of the 
tribal governing body shall be final. 
‘‘(3) ASSISTANCE TO SCHOOL BOARDS.—The Sec-
retary, through contracts and grants, shall assist 
school boards of contract or grant schools in imple-
mentation of the standards established under sub-
sections (c) and (d), if the school boards request that 
such standards, in part or in whole, be implemented. 
‘‘(4) FISCAL CONTROL AND FUND ACCOUNTING 
STANDARDS.—The Bureau shall, either directly or 
through contract with an Indian organization, estab-
lish a consistent system of reporting standards for fis-
cal control and fund accounting for all contract and 
grant schools. Such standards shall provide data com-
parable to those used by Bureau operated schools. 
‘‘(g) ANNUAL PLAN FOR MEETING OF STANDARDS.— 
Except as provided in subsections (e) and (f), the Secretary 
shall begin to implement the standards established under 
this section immediately upon the date of their establish-
ment. On an annual basis, the Secretary shall submit to 
the appropriate committees of Congress, all Bureau funded 
schools, and the tribal governing bodies of such schools a 
detailed plan to bring all Bureau schools and contract or 
VerDate Mar 15 2010 
15:07 Jun 10, 2011
Jkt 223001
PO 00000
Frm 00502
Fmt 6652
Sfmt 6203
E:\ERIC\H1.RH2
H1
rmajette on DSK89S0YB1PROD with MISCELLANEOUS
503 
•HR 1 RH1&2 
grant schools up to the level required by the applicable 
standards established under this section. Such plan shall 
include detailed information on the status of each school’s 
educational program in relation to the applicable standards 
established under this section, specific cost estimates for 
meeting such standards at each school and specific timelines 
for bringing each school up to the level required by such 
standards. 
‘‘(h) CLOSURE OR CONSOLIDATION OF SCHOOLS.— 
‘‘(1) IN
GENERAL.—Except as specifically re-
quired by statute, no school or peripheral dormitory 
operated by the Bureau 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. 
‘‘(2) EXCEPTIONS.—This subsection shall not 
apply— 
‘‘(A) in those cases where the tribal gov-
erning body, or the local school board concerned 
(if so designated by the tribal governing body), 
requests closure or consolidation; or 
‘‘(B) when a temporary closure, consolida-
tion, or substantial curtailment is required by 
plant conditions which constitute an immediate 
hazard to health and safety. 
VerDate Mar 15 2010 
15:07 Jun 10, 2011
Jkt 223001
PO 00000
Frm 00503
Fmt 6652
Sfmt 6203
E:\ERIC\H1.RH2
H1
rmajette on DSK89S0YB1PROD with MISCELLANEOUS
504 
•HR 1 RH1&2 
‘‘(3) REGULATIONS.—The Secretary shall, by 
regulation, promulgate standards and procedures for 
the closure, transfer to another authority, consolida-
tion, or substantial curtailment of Bureau schools, in 
accordance with the requirements of this subsection. 
‘‘(4) NOTICE.—Whenever closure, transfer to an-
other authority, consolidation, or substantial curtail-
ment of a school is under active consideration or re-
view by any division of the Bureau or the Depart-
ment of the Interior, the affected tribe, tribal gov-
erning body, and designated local school board, will 
be notified immediately, kept fully and currently in-
formed, and afforded an opportunity to comment with 
respect to such consideration or review. When a for-
mal decision is made to close, transfer to another au-
thority, consolidate, or substantially curtail a school, 
the affected tribe, tribal governing body, and des-
ignated school board shall be notified at least 6 
months prior to the end of the school year preceding 
the proposed closure date. Copies of any such notices 
and information shall be transmitted promptly to the 
appropriate committees of Congress and published in 
the Federal Register. 
‘‘(5) REPORT.—The Secretary shall make a re-
port to the appropriate committees of Congress, the 
VerDate Mar 15 2010 
15:07 Jun 10, 2011
Jkt 223001
PO 00000
Frm 00504
Fmt 6652
Sfmt 6203
E:\ERIC\H1.RH2
H1
rmajette on DSK89S0YB1PROD with MISCELLANEOUS
505 
•HR 1 RH1&2 
affected tribe, and the designated school board describ-
ing the process of the active consideration or review 
referred to in paragraph (4). The report shall include 
a study of the impact of such action on the student 
population, identify those students with particular 
educational and social needs, and ensure that alter-
native services are available to such students. Such 
report shall include the description of the consultation 
conducted between the potential service provider, cur-
rent service provider, parents, tribal representatives 
and the tribe or tribes involved, and the Director of 
the Office of Indian Education Programs within the 
Bureau regarding such students. 
‘‘(6) LIMITATION ON CERTAIN ACTIONS.—No ir-
revocable action may be taken in furtherance of any 
such proposed school closure, transfer to another au-
thority, consolidation, or substantial curtailment (in-
cluding any action which would prejudice the per-
sonnel or programs of such school) prior to the end 
of the first full academic year after such report is 
made. 
‘‘(7) TRIBAL
GOVERNING
BODY
APPROVAL
RE-
QUIRED FOR CERTAIN ACTIONS.—The Secretary may 
terminate, contract, transfer to any other authority, 
VerDate Mar 15 2010 
15:07 Jun 10, 2011
Jkt 223001
PO 00000
Frm 00505
Fmt 6652
Sfmt 6203
E:\ERIC\H1.RH2
H1
rmajette on DSK89S0YB1PROD with MISCELLANEOUS
506 
•HR 1 RH1&2 
consolidate, or substantially curtail the operation or 
facilities of— 
‘‘(A) any Bureau funded school that is oper-
ated on or after of January 1, 1999; 
‘‘(B) any program of such a school that is 
operated on or after January 1, 1999; or 
‘‘(C) any school board of a school operated 
under a grant under the Tribally Controlled 
Schools Act of 1988, 
only if the tribal governing body approves such ac-
tion. 
‘‘(i) APPLICATION FOR CONTRACTS OR GRANTS FOR 
NON-BUREAU FUNDED SCHOOLS OR EXPANSION OF BU-
REAU FUNDED SCHOOLS.— 
‘‘(1) IN GENERAL.—(A)(i) The Secretary shall 
only consider the factors described in subparagraph 
(B) in reviewing— 
‘‘(I) applications from any tribe for the 
awarding 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— 
‘‘(aa) a school which is not a Bureau 
funded school; or 
VerDate Mar 15 2010 
15:07 Jun 10, 2011
Jkt 223001
PO 00000
Frm 00506
Fmt 6652
Sfmt 6203
E:\ERIC\H1.RH2
H1
rmajette on DSK89S0YB1PROD with MISCELLANEOUS
507 
•HR 1 RH1&2 
‘‘(bb) the expansion of a Bureau fund-
ed school which would increase the amount 
of funds received by the Indian tribe or 
school board under section 1127. 
‘‘(ii) With respect to applications described in 
this subparagraph, the Secretary shall give consider-
ation to all the factors described in subparagraph (B), 
but no such application shall be denied based pri-
marily upon the geographic proximity of comparable 
public education. 
‘‘(B) With respect to applications described in 
subparagraph (A) the Secretary shall consider the fol-
lowing factors relating to the program and services 
that are the subject of the application: 
‘‘(i) The adequacy of the facilities or the po-
tential to obtain or provide adequate facilities. 
‘‘(ii) Geographic and demographic factors 
in the affected areas. 
‘‘(iii) The adequacy of the applicant’s pro-
gram plans or, in the case of a Bureau funded 
school, of projected needs analysis done either by 
the tribe or the Bureau. 
‘‘(iv) Geographic proximity of comparable 
public education. 
VerDate Mar 15 2010 
15:07 Jun 10, 2011
Jkt 223001
PO 00000
Frm 00507
Fmt 6652
Sfmt 6203
E:\ERIC\H1.RH2
H1
rmajette on DSK89S0YB1PROD with MISCELLANEOUS
508 
•HR 1 RH1&2 
‘‘(v) The stated needs of all affected parties, 
including students, families, tribal governments 
at both the central and local levels, and school 
organizations. 
‘‘(vi) Adequacy and comparability of pro-
grams already available. 
‘‘(vii) Consistency of available programs 
with tribal educational codes or tribal legislation 
on education. 
‘‘(viii) The history and success of these serv-
ices for the proposed population to be served, as 
determined from all factors, including but not 
limited to standardized examination perform-
ance. 
‘‘(2) DETERMINATION ON APPLICATION.—(A) The 
Secretary shall make a determination of whether to 
approve any application described in paragraph 
(1)(A) not later than 180 days after such application 
is submitted to the Secretary. 
‘‘(B) If the Secretary fails to make the deter-
mination with respect to an application by the date 
described in subparagraph (A), the application shall 
be treated a having been approved by the Secretary. 
‘‘(3) REQUIREMENTS
FOR
APPLICATIONS.—(A) 
Notwithstanding paragraph (2)(B), an application 
VerDate Mar 15 2010 
15:07 Jun 10, 2011
Jkt 223001
PO 00000
Frm 00508
Fmt 6652
Sfmt 6203
E:\ERIC\H1.RH2
H1
rmajette on DSK89S0YB1PROD with MISCELLANEOUS
511 
•HR 1 RH1&2 
education or related services may be used for schoolwide 
projects to improve the educational program for all Indian 
students. 
‘‘(k) STUDY
ON ADEQUACY
OF FUNDS
AND FOR-
MULAS.—The Comptroller General shall conduct a study, 
in consultation with Indian tribes and local school boards, 
to determine the adequacy of funding, and formulas used 
by the Bureau to determine funding, for programs operated 
by Bureau funded schools, taking into account unique cir-
cumstances applicable to Bureau funded schools, as well as 
expenditures for comparable purposes in public schools na-
tionally. Upon completion of the study, the Secretary of the 
Interior shall take such action as necessary to ensure dis-
tribution of the findings of the study to all affected Indian 
tribes, local school boards, and associations of local school 
boards. 
‘‘SEC. 1122. NATIONAL CRITERIA FOR HOME-LIVING SITUA-
TIONS. 
‘‘(a) IN GENERAL.—The Secretary, in consultation 
with the Secretary of Education, Indian organizations and 
tribes, and Bureau funded schools, shall revise the national 
standards for home-living (dormitory) situations to include 
such factors as heating, lighting, cooling, adult-child ratios, 
needs for counselors (including special needs related to off- 
reservation home-living (dormitory) situations), thera-
VerDate Mar 15 2010 
15:07 Jun 10, 2011
Jkt 223001
PO 00000
Frm 00511
Fmt 6652
Sfmt 6203
E:\ERIC\H1.RH2
H1
rmajette on DSK89S0YB1PROD with MISCELLANEOUS
512 
•HR 1 RH1&2 
peutic programs, space, and privacy. Such standards shall 
be implemented in Bureau operated schools, and shall serve 
as minimum standards for contract or grant schools. Once 
established, any revisions of such standards shall be devel-
oped according to the requirements established under section 
1138A. 
‘‘(b) IMPLEMENTATION.—The Secretary shall imple-
ment the revised standards established under this section 
immediately upon their completion. 
‘‘(c) PLAN.—At the time of each annual budget submis-
sion for Bureau educational services is presented, the Sec-
retary shall submit to the appropriate committees of Con-
gress, the tribes, and the affected schools, and publish in 
the Federal Register, a detailed plan to bring all Bureau 
funded schools that provide home-living (dormitory) situa-
tions up to the standards established under this section. 
Such plan shall include a statement of the relative needs 
of each Bureau funded home-living (dormitory) school, pro-
jected future needs of each Bureau funded home-living (dor-
mitory) school, detailed information on the status of each 
school in relation to the standards established under this 
section, specific cost estimates for meeting each standard for 
each such school, aggregate cost estimates for bringing all 
such schools into compliance with the criteria established 
VerDate Mar 15 2010 
15:07 Jun 10, 2011
Jkt 223001
PO 00000
Frm 00512
Fmt 6652
Sfmt 6203
E:\ERIC\H1.RH2
H1
rmajette on DSK89S0YB1PROD with MISCELLANEOUS
513 
•HR 1 RH1&2 
under this section, and specific timelines for bringing each 
school into compliance with such standards. 
‘‘(d) WAIVER.—The criteria established under this sec-
tion may be waived in the same manner as the standards 
provided under section 1121(c) may be waived. 
‘‘(e) CLOSURE FOR FAILURE TO MEET STANDARDS 
PROHIBITED.—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, 
transferred to another authority, consolidated, or have its 
program substantially curtailed for failure to meet the cri-
teria. 
‘‘SEC. 1123. CODIFICATION OF REGULATIONS. 
‘‘(a) PART 32 OF TITLE 25 OF CODE OF FEDERAL 
REGULATIONS.—The provisions of part 32 of title 25 of the 
Code of Federal Regulations, as in effect on January 1, 
1987, are incorporated into this Act and shall be treated 
as though such provisions are set forth in this subsection. 
Such provisions may be altered only by means of an Act 
of Congress. To the extent that such provisions of part 32 
do not conform with this Act or any statutory provision 
of law enacted before November 1, 1978, the provisions of 
this Act and the provisions of such other statutory law shall 
govern. 
VerDate Mar 15 2010 
15:07 Jun 10, 2011
Jkt 223001
PO 00000
Frm 00513
Fmt 6652
Sfmt 6203
E:\ERIC\H1.RH2
H1
rmajette on DSK89S0YB1PROD with MISCELLANEOUS
514 
•HR 1 RH1&2 
‘‘(b) REGULATION DEFINED.—For purposes of this 
part, the term ‘regulation’ means any rules, regulations, 
guidelines, interpretations, orders, or requirements of gen-
eral applicability prescribed by any officer or employee of 
the executive branch. 
‘‘SEC. 1124. SCHOOL BOUNDARIES. 
‘‘(a) ESTABLISHMENT BY SECRETARY.—The Secretary 
shall establish, by regulation, separate geographical attend-
ance areas for each Bureau funded school. 
‘‘(b) ESTABLISHMENT BY TRIBAL BODY.—In any case 
where there is more than one Bureau funded school located 
on an Indian reservation, at the direction of the tribal gov-
erning body, the relevant school boards of the Bureau fund-
ed schools on the reservation may, by mutual consent, estab-
lish the relevant attendance areas for such schools, subject 
to the approval of the tribal governing body. Any such 
boundaries so established shall be accepted by the Secretary. 
‘‘(c) BOUNDARY REVISIONS.— 
‘‘(1) IN GENERAL.—On or after July 1, 2001, no 
geographical attendance area shall be revised or estab-
lished with respect to any Bureau funded school un-
less the tribal governing body or the local school board 
concerned (if so designated by the tribal governing 
body) has been afforded— 
VerDate Mar 15 2010 
15:07 Jun 10, 2011
Jkt 223001
PO 00000
Frm 00514
Fmt 6652
Sfmt 6203
E:\ERIC\H1.RH2
H1
rmajette on DSK89S0YB1PROD with MISCELLANEOUS
515 
•HR 1 RH1&2 
‘‘(A) at least 6 months notice of the inten-
tion of the Bureau to revise or establish such at-
tendance area; and 
‘‘(B) the opportunity to propose alternative 
boundaries. 
Any tribe may petition the Secretary for revision of 
existing attendance area boundaries. The Secretary 
shall accept such proposed alternative or revised 
boundaries unless the Secretary finds, after consulta-
tion with the affected tribe or tribes, that such revised 
boundaries do not reflect the needs of the Indian stu-
dents to be served or do not provide adequate stability 
to all of the affected programs. The Secretary shall 
cause such revisions to be published in the Federal 
Register. 
‘‘(2) TRIBAL
RESOLUTION
DETERMINATION.— 
Nothing in this section shall be interpreted as denying 
a tribal governing body the authority, on a con-
tinuing basis, to adopt a tribal resolution allowing 
parents the choice of the Bureau funded school their 
children may attend, regardless of the attendance 
boundaries established under this section. 
‘‘(d) FUNDING RESTRICTIONS.—The Secretary shall 
not deny funding to a Bureau funded school for any eligible 
Indian student attending the school solely because that stu-
VerDate Mar 15 2010 
15:07 Jun 10, 2011
Jkt 223001
PO 00000
Frm 00515
Fmt 6652
Sfmt 6203
E:\ERIC\H1.RH2
H1
rmajette on DSK89S0YB1PROD with MISCELLANEOUS