H. R. 6—260
goals, that are based on the challenging State standards
adopted under title I for all children;
‘‘(3) explains how Federal, State, and local programs, espe-
cially under title I, will meet the needs of such students;
‘‘(4) demonstrates how funds made available under this
subpart will be used for activities described in section 9115;
‘‘(5) describes the professional development opportunities
that will be provided, as needed, to ensure that—
‘‘(A) teachers and other school professionals who are
new to the Indian community are prepared to work with
Indian children; and
‘‘(B) all teachers who will be involved in programs
assisted under this subpart have been properly trained
to carry out such programs; and
‘‘(6) describes how the local educational agency—
‘‘(A) will periodically assess the progress of all Indian
children enrolled in the schools of the local educational
agency, including Indian children who do not participate
in programs assisted under this subpart, in meeting the
goals described in paragraph (2);
‘‘(B) will provide the results of each assessment
referred to in subparagraph (A) to—
‘‘(i) the committee of parents described in sub-
section (c)(4); and
‘‘(ii) the community served by the local educational
agency; and
‘‘(C) is responding to findings of any previous assess-
ments that are similar to the assessments described in
subparagraph (A).
‘‘(c) ASSURANCES.—Each application submitted under subsection
(a) shall include assurances that—
‘‘(1) the local educational agency will use funds received
under this subpart only to supplement the level of funds that,
in the absence of the Federal funds made available under
this subpart, such agency would make available for the edu-
cation of Indian children, and not to supplant such funds;
‘‘(2) the local educational agency will submit such reports
to the Secretary, in such form and containing such information,
as the Secretary may require to—
‘‘(A) carry out the functions of the Secretary under
this subpart; and
‘‘(B) determine the extent to which funds provided
to the local educational agency under this subpart are
effective in improving the educational achievement of
Indian students served by such agency;
‘‘(3) the program for which assistance is sought—
‘‘(A) is based on a local assessment and prioritization
of the special educational and culturally related academic
needs of the American Indian and Alaska Native students
for whom the local educational agency is providing an
education;
‘‘(B) will use the best available talents and resources,
including individuals from the Indian community; and
‘‘(C) was developed by such agency in open consultation
with parents of Indian children and teachers, and, if appro-
priate, Indian students from secondary schools, including
public hearings held by such agency to provide the individ-
H. R. 6—261
uals described in this subparagraph a full opportunity to
understand the program and to offer recommendations
regarding the program; and
‘‘(4) the local educational agency developed the program
with the participation and written approval of a committee—
‘‘(A) that is composed of, and selected by—
‘‘(i) parents of Indian children in the local edu-
cational agency’s schools and teachers; and
‘‘(ii) if appropriate, Indian students attending
secondary schools;
‘‘(B) the membership of which is at least more than
one-half parents of Indian children;
‘‘(C) that sets forth such policies and procedures,
including policies and procedures relating to the hiring
of personnel, as will ensure that the program for which
assistance is sought will be operated and evaluated in
consultation with, and with the involvement of, parents
of the children, and representatives of the area, to be
served;
‘‘(D) with respect to an application describing a
schoolwide program in accordance with section 9115(c),
has—
‘‘(i) reviewed in a timely fashion the program; and
‘‘(ii) determined that the program will not diminish
the availability of culturally related activities for Amer-
ican Indians and Alaskan Native students; and
‘‘(E) has adopted reasonable bylaws for the conduct
of the activities of the committee and abides by such
bylaws.
‘‘SEC. 9115. AUTHORIZED SERVICES AND ACTIVITIES.
‘‘(a) GENERAL REQUIREMENTS.—Each local educational agency
that receives a grant under this subpart shall use the grant funds,
in a manner consistent with the purpose specified in section 9111,
for services and activities that—
‘‘(1) are designed to carry out the comprehensive plan of
the local educational agency for Indian students, and described
in the application of the local educational agency submitted
to the Secretary under section 9114(b);
‘‘(2) are designed with special regard for the language and
cultural needs of the Indian students; and
‘‘(3) supplement and enrich the regular school program
of such agency.
‘‘(b) PARTICULAR
ACTIVITIES.—The services and activities
referred to in subsection (a) may include—
‘‘(1) culturally related activities that support the program
described in the application submitted by the local educational
agency;
‘‘(2) early childhood and family programs that emphasize
school readiness;
‘‘(3) enrichment programs that focus on problem-solving
and cognitive skills development and directly support the
attainment of challenging State content standards and State
student performance standards;
‘‘(4) integrated educational services in combination with
other programs that meet the needs of Indian children and
their families;
H. R. 6—262
‘‘(5) school-to-work transition activities to enable Indian
students to participate in programs such as the programs sup-
ported by the School-to-Work Opportunities Act of 1994 and
the Carl D. Perkins Vocational and Applied Technology Edu-
cation Act, including programs for tech-prep, mentoring, and
apprenticeship;
‘‘(6) activities to educate individuals concerning substance
abuse and to prevent substance abuse; and
‘‘(7) the acquisition of equipment, but only if the acquisition
of the equipment is essential to meet the purpose described
in section 9111.
‘‘(c) SCHOOLWIDE PROGRAMS.—Notwithstanding any other provi-
sion of law, a local educational agency may use funds made available
to such agency under this subpart to support a schoolwide program
under section 1114 if—
‘‘(1) the committee composed of parents established pursu-
ant to section 9114(c)(4) approves the use of the funds for
the schoolwide program; and
‘‘(2) the schoolwide program is consistent with the purpose
described in section 9111.
‘‘SEC. 9116. STUDENT ELIGIBILITY FORMS.
‘‘(a) IN GENERAL.—The Secretary shall require that, as part
of an application for a grant under this subpart, each applicant
shall maintain a file, with respect to each Indian child for whom
the local educational agency provides a free public education, that
contains a form that sets forth information establishing the status
of the child as an Indian child eligible for assistance under this
subpart and that otherwise meets the requirements of subsection
(b).
‘‘(b) FORMS.—
‘‘(1) IN
GENERAL.—The form described in subsection (a)
shall include—
‘‘(A) either—
‘‘(i)(I) the name of the tribe or band of Indians
(as defined in section 9161(4)) with respect to which
the child claims membership;
‘‘(II) the enrollment number establishing the mem-
bership of the child (if readily available); and
‘‘(III) the name and address of the organization
that maintains updated and accurate membership data
for such tribe or band of Indians; or
‘‘(ii) if the child is not a member of a tribe or
band of Indians, the name, the enrollment number
(if readily available), and the organization (and address
thereof) responsible for maintaining updated and
accurate membership rolls of any parent or grand-
parent of the child from whom the child claims eligi-
bility;
‘‘(B) a statement of whether the tribe or band of Indians
with respect to which the child, parent or grandparent
of the child claims membership is federally recognized;
‘‘(C) the name and address of the parent or legal guard-
ian of the child;
‘‘(D) a signature of the parent or legal guardian of
the child that verifies the accuracy of the information sup-
plied; and
H. R. 6—263
‘‘(E) any other information that the Secretary considers
necessary to provide an accurate program profile.
‘‘(2) MINIMUM INFORMATION.—In order for a child to be
eligible to be counted for the purpose of computing the amount
of a grant award made under section 9113, an eligibility form
prepared pursuant to this section for a child shall include—
‘‘(A) the name of the child;
‘‘(B) the name of the tribe or band of Indians (as
defined in section 9161(4)) with respect to which the child
claims eligibility; and
‘‘(C) the dated signature of the parent or guardian
of the child.
‘‘(3) FAILURE.—The failure of an applicant to furnish any
information described in this subsection other than the informa-
tion described in paragraph (2) with respect to any child shall
have no bearing on the determination of whether the child
is an eligible Indian child for the purposes of determining
the amount of a grant award made under section 9113.
‘‘(c) STATUTORY CONSTRUCTION.—Nothing in this section shall
be construed to affect a definition contained in section 9161.
‘‘(d) FORMS AND STANDARDS OF PROOF.—The forms and the
standards of proof (including the standard of good faith compliance)
that were in use during the 1985–1986 academic year to establish
the eligibility of a child for entitlement under the Indian Elementary
and Secondary School Assistance Act shall be the forms and stand-
ards of proof used—
‘‘(1) to establish such eligibility; and
‘‘(2) to meet the requirements of subsection (a).
‘‘(e) DOCUMENTATION.—For purposes of determining whether
a child is eligible to be counted for the purpose of computing
the amount of a grant under section 9113, the membership of
the child, or any parent or grandparent of the child, in a tribe
or band of Indians may be established by proof other than an
enrollment number, notwithstanding the availability of an enroll-
ment number for a member of such tribe or band. Nothing in
subsection (b) shall be construed to require the furnishing of an
enrollment number.
‘‘(f) MONITORING AND EVALUATION REVIEW.—
‘‘(1) IN GENERAL.—(A) For each fiscal year, in order to
provide such information as is necessary to carry out the
responsibility of the Secretary to provide technical assistance
under this subpart, the Secretary shall conduct a monitoring
and evaluation review of a sampling of the recipients of grants
under this subpart. The sampling conducted under this
subparagraph shall take into account size of the local edu-
cational agency and the geographic location of such agency.
‘‘(B) A local educational agency may not be held liable
to the United States or be subject to any penalty, by reason
of the findings of an audit that relates to the date of completion,
or the date of submission, of any forms used to establish,
before April 28, 1988, the eligibility of a child for entitlement
under the Indian Elementary and Secondary School Assistance
Act.
‘‘(2) FALSE
INFORMATION.—Any local educational agency
that provides false information in an application for a grant
under this subpart shall—