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‘‘(2) SEPARATE
RECORDS
NOT
REQUIRED.—
Nothing in this section shall be construed as requir-
ing the eligible entity to maintain separate records
tracing any services or activities conducted under its
approved plan to the individual programs under
which funds were authorized, nor shall the eligible
entity be required to allocate expenditures among
such individual programs.
‘‘(m) OVERAGE.—All administrative costs may be
commingled and participating entities shall be entitled to
the full amount of such costs (under each program or de-
partment’s regulations), and no overage shall be counted
for Federal audit purposes, provided that the overage is
used for the purposes provided for under this section.
‘‘(n) FISCAL ACCOUNTABILITY.—Nothing in this
part shall be construed so as to interfere with the ability
of the Secretary or the lead agency to fulfill the respon-
sibilities for the safeguarding of Federal funds pursuant
to the Single Audit Act of 1984.
‘‘(o) REPORT ON STATUTORY OBSTACLES TO PRO-
GRAM INTEGRATION.—
‘‘(1) PRELIMINARY REPORT.—Not later than 2
years after the date of the enactment of the Student
Results Act of 1999, the Secretary of Education
shall submit a preliminary report to the Committee
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on Health, Education, Labor, and Pensions of the
Senate and the Committee on Education and the
Workforce of the House of Representatives on the
status of the implementation of the demonstration
program authorized under this section.
‘‘(2) FINAL REPORT.—Not later than 5 years
after the date of the enactment of the Student Re-
sults Act of 1999, the Secretary of Education shall
submit a report to the Committee on Health, Edu-
cation, Labor, and Pensions of the Senate and the
Committee on Education and the Workforce of the
House of Representatives on the results of the im-
plementation of the demonstration program author-
ized under this section. Such report shall identify
statutory barriers to the ability of participants to in-
tegrate more effectively their education and related
services to Indian students in a manner consistent
with the purposes of this section.
‘‘(p) DEFINITIONS.—For the purposes of this section,
the term ‘Secretary’ means—
‘‘(1) the Secretary of the Interior, in the case
of applicant meeting the definition of contract or
grant school under title XI of the Education Amend-
ments of 1978; or
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‘‘(2) the Secretary of Education, in the case of
any other applicant.
‘‘SEC. 9117. 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 pro-
vides 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 sub-
part and that otherwise meets the requirements of subsec-
tion (b).
‘‘(b) FORMS.—
‘‘(1) IN GENERAL.—The form described in sub-
section (a) shall include—
‘‘(A) either—
‘‘(i)(I) the name of the tribe or band
of 
Indians 
(as 
described 
in 
section
9161(3)) with respect to which the child
claims membership;
‘‘(II) the enrollment number estab-
lishing the membership of the child (if
readily available); and
‘‘(III) the name and address of the
organization that maintains updated and
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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 the tribe of
any parent or grandparent of the child
from whom the child claims eligibility;
‘‘(B) a statement of whether the tribe or
band of Indians with respect to which the child,
parent, or grandparent of the child claims mem-
bership is federally recognized;
‘‘(C) the name and address of the parent
or legal guardian of the child;
‘‘(D) a signature of the parent or legal
guardian of the child that verifies the accuracy
of the information supplied; and
‘‘(E) any other information that the Sec-
retary considers necessary to provide an accu-
rate 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
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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 Indi-
ans (as described in section 9161(3)) with re-
spect 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 information described in paragraph
(2) with respect to any child shall have no bearing
on the determination of whether the child is an eligi-
ble 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
standards of proof used—
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‘‘(1) to establish such eligibility; and
‘‘(2) to meet the requirements of subsection (a).
‘‘(e) DOCUMENTATION.—For purposes of deter-
mining 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 enrollment
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 pro-
vide technical assistance under this subpart, the Sec-
retary shall conduct a monitoring and evaluation re-
view of a sampling of the recipients of grants under
this subpart. The sampling conducted under this
subparagraph shall take into account the size of the
local educational 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
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penalty, by reason of the findings of an audit that
relates to the date of completion, or the date of sub-
mission, 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 edu-
cational agency that provides false information in an
application for a grant under this subpart shall—
‘‘(A) be ineligible to apply for any other
grant under this part; and
‘‘(B) be liable to the United States for any
funds that have not been expended.
‘‘(3) EXCLUDED
CHILDREN.—A student who
provides false information for the form required
under subsection (a) shall not be counted for the
purpose of computing the amount of a grant under
section 9113.
‘‘(g) TRIBAL GRANT AND CONTRACT SCHOOLS.—
Notwithstanding any other provision of this section, in
awarding funds under this subpart to a tribal school that
receives a grant or contract from the Bureau of Indian
Affairs, the Secretary shall use only one of the following,
as selected by the school:
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‘‘(1) A count of the number of students in those
schools certified by the Bureau.
‘‘(2) A count of the number of students for
whom the school has eligibility forms that comply
with this section.
‘‘(h) TIMING OF CHILD COUNTS.—For purposes of
determining the number of children to be counted in calcu-
lating the amount of a local educational agency’s grant
under this subpart (other than in the case described in
subsection (g)(1)), the local educational agency shall—
‘‘(1) establish a date on, or a period not longer
than 31 consecutive days during which, the agency
counts those children, so long as that date or period
occurs before the deadline established by the Sec-
retary for submitting an application under section
9114; and
‘‘(2) determine that each such child was en-
rolled, and receiving a free public education, in a
school of the agency on that date or during that pe-
riod, as the case may be.
‘‘SEC. 9118. PAYMENTS.
‘‘(a) IN GENERAL.—Subject to subsections (b) and
(c), the Secretary shall pay to each local educational agen-
cy that submits an application that is approved by the Sec-
retary under this subpart the amount determined under
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section 9113. The Secretary shall notify the local edu-
cational agency of the amount of the payment not later
than June 1 of the year for which the Secretary makes
the payment.
‘‘(b) PAYMENTS TAKEN INTO ACCOUNT
BY
THE
STATE.—The Secretary may not make a grant under this
subpart to a local educational agency for a fiscal year if,
for such fiscal year, the State in which the local edu-
cational agency is located takes into consideration pay-
ments made under this subpart in determining the eligi-
bility of the local educational agency for State aid, or the
amount of the State aid, with respect to the free public
education of children during such fiscal year or the pre-
ceding fiscal year.
‘‘(c) REDUCTION OF PAYMENT FOR FAILURE TO
MAINTAIN FISCAL EFFORT.—
‘‘(1) IN GENERAL.—The Secretary may not pay
a local educational agency the full amount of a grant
award determined under section 9113 for any fiscal
year unless the State educational agency notifies the
Secretary, and the Secretary determines that, with
respect to the provision of free public education by
the local educational agency for the preceding fiscal
year, the combined fiscal effort of the local edu-
cational agency and the State, computed on either a
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per student or aggregate expenditure basis, was not
less than 90 percent of the amount of the combined
fiscal effort, computed on the same basis, for the
second preceding fiscal year.
‘‘(2) FAILURE TO MAINTAIN EFFORT.—If, for
any fiscal year, the Secretary determines that a local
educational agency failed to maintain the fiscal ef-
fort of such agency at the level specified in para-
graph (1), the Secretary shall—
‘‘(A) reduce the amount of the grant that
would otherwise be made to such agency under
this subpart in the exact proportion of such
agency’s failure to maintain its fiscal effort at
such level; and
‘‘(B) not use the reduced amount of the
agency’s expenditures for the preceding year 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).
‘‘(3) WAIVER.—(A) The Secretary may waive
the requirement of paragraph (1), for not more than
1 year at a time, if the Secretary determines that
the failure to comply with such requirement is due
to exceptional or uncontrollable circumstances, such
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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 re-
quired to comply with paragraph (1) in the absence
of the waiver.
‘‘(d) REALLOCATIONS.—The Secretary may reallo-
cate, in a manner that the Secretary determines will best
carry out the purpose of this subpart, any amounts that—
‘‘(1) based on estimates made by local edu-
cational agencies or other information, the Secretary
determines will not be needed by such agencies to
carry out approved programs under this subpart; or
‘‘(2) otherwise become available for reallocation
under this subpart.
‘‘SEC. 9119. STATE EDUCATIONAL AGENCY REVIEW.
‘‘Before submitting an application to the Secretary
under section 9114, a local educational agency shall sub-
mit the application to the State educational agency, which
may comment on such application. If the State educational
agency comments on the application, it shall comment on
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all applications submitted by local educational agencies in
the State and shall provide those comments to the respec-
tive local educational agencies, with an opportunity to re-
spond.
‘‘Subpart 2—Special Programs and Projects To Im-
prove Educational Opportunities for Indian
Children
‘‘SEC. 9121. IMPROVEMENT OF EDUCATIONAL OPPORTUNI-
TIES FOR INDIAN CHILDREN.
‘‘(a) PURPOSE.—
‘‘(1) IN GENERAL.—It is the purpose of this
section to support projects to develop, test, and dem-
onstrate the effectiveness of services and programs
to improve educational opportunities and achieve-
ment of Indian children.
‘‘(2) COORDINATION.—The Secretary shall take
such actions as are necessary to achieve the coordi-
nation of activities assisted under this subpart
with—
‘‘(A) other programs funded under this
Act; and
‘‘(B) other Federal programs operated for
the benefit of American Indian and Alaska Na-
tive children.
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‘‘(b) ELIGIBLE ENTITIES.—For the purpose of this
section, the term ‘eligible entity’ means a State edu-
cational agency, local educational agency, Indian tribe, In-
dian organization, federally supported elementary and sec-
ondary school for Indian students, Indian institution, in-
cluding an Indian institution of higher education, or a con-
sortium of such institutions.
‘‘(c) GRANTS AUTHORIZED.—
‘‘(1) IN GENERAL.—The Secretary shall award
grants to eligible entities to enable such entities to
carry out activities that meet the purpose specified
in subsection (a)(1), including—
‘‘(A) innovative programs related to the
educational needs of educationally disadvan-
taged children;
‘‘(B) educational services that are not
available to such children in sufficient quantity
or quality, including remedial instruction, to
raise the achievement of Indian children in one
or more of the core academic subjects of
English, mathematics, science, foreign lan-
guages, art, history, and geography;
‘‘(C) bilingual and bicultural programs and
projects;
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‘‘(D) special health and nutrition services,
and other related activities, that address the
unique health, social, and psychological prob-
lems of Indian children;
‘‘(E) special compensatory and other pro-
grams and projects designed to assist and en-
courage Indian children to enter, remain in, or
reenter school, and to increase the rate of sec-
ondary school graduation;
‘‘(F) comprehensive guidance, counseling,
and testing services;
‘‘(G) early childhood and kindergarten pro-
grams, including family-based preschool pro-
grams that emphasize school readiness and pa-
rental skills, and the provision of services to In-
dian children with disabilities;
‘‘(H) partnership projects between local
educational agencies and institutions of higher
education that allow secondary school students
to enroll in courses at the postsecondary level to
aid such students in the transition from sec-
ondary school to postsecondary education;
‘‘(I) partnership projects between schools
and local businesses for career preparation pro-
grams designed to provide Indian youth with