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‘‘SEC. 33. PEST MANAGEMENT IN SCHOOLS.
‘‘(a) DEFINITIONS.—In this section:
‘‘(1) BAIT.—The term ‘bait’ means a pesticide
that contains an ingredient that serves as a feeding
stimulant, odor, pheromone, or other attractant for a
target pest.
‘‘(2) CONTACT PERSON.—The term ‘contact per-
son’ means an individual who is—
‘‘(A) knowledgeable about school pest man-
agement plans; and
‘‘(B) designated by a local educational
agency to carry out implementation of the school
pest management plan of a school.
‘‘(3) EMERGENCY.—The term ‘emergency’ means
an urgent need to mitigate or eliminate a pest that
threatens the health or safety of a student or staff
member.
‘‘(4) LOCAL EDUCATIONAL AGENCY.—The term
‘local educational agency’ has the meaning given the
term in section 3 of the Elementary and Secondary
Education Act of 1965.
‘‘(5) SCHOOL.—
‘‘(A) IN GENERAL.—The term ‘school’ means
a public—
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‘‘(i) elementary school (as defined in
section 3 of the Elementary and Secondary
Education Act of 1965);
‘‘(ii) secondary school (as defined in
section 3 of the Act);
‘‘(iii) kindergarten or nursery school
that is part of an elementary school or sec-
ondary school; or
‘‘(iv) tribally-funded school.
‘‘(B) INCLUSIONS.—The term ‘school’ in-
cludes any school building, and any area outside
of a school building (including a lawn, play-
ground, sports field, and any other property or
facility), that is controlled, managed, or owned
by the school or school district.
‘‘(6) SCHOOL
PEST
MANAGEMENT
PLAN.—The
term ‘school pest management plan’ means a pest
management plan developed under subsection (b).
‘‘(7) STAFF MEMBER.—
‘‘(A) IN GENERAL.—The term ‘staff member’
means a person employed at a school or local
educational agency.
‘‘(B) EXCLUSIONS.—The term ‘staff mem-
ber’ does not include—
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‘‘(i) a person hired by a school, local
educational agency, or State to apply a pes-
ticide; or
‘‘(ii) a person assisting in the applica-
tion of a pesticide.
‘‘(8) STATE AGENCY.—The term ‘State agency’
means the an agency of a State, or an agency of an
Indian tribe or tribal organization (as those terms
are defined in section 4 of the Indian Self-Determina-
tion and Education Assistance Act (25 U.S.C. 450b)),
that exercises primary jurisdiction over matters relat-
ing to pesticide regulation.
‘‘(9) UNIVERSAL NOTIFICATION.—The term ‘uni-
versal notification’ means notice provided by a local
educational agency or school to—
‘‘(A) parents, legal guardians, or other per-
sons with legal standing as parents of each child
attending the school; and
‘‘(B) staff members of the school.
‘‘(b) SCHOOL PEST MANAGEMENT PLANS.—
‘‘(1) STATE PLANS.—
‘‘(A) GUIDANCE.—As soon as practicable
(but not later than 180 days) after the date of
enactment of the School Environment Protection
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Act of 2001, the Administrator shall develop, in
accordance with this section—
‘‘(i) guidance for a school pest manage-
ment plan; and
‘‘(ii) a sample school pest management
plan.
‘‘(B) PLAN.—As soon as practicable (but
not later than 1 year) after the date of enact-
ment of the School Environment Protection Act
of 2001, each State agency shall develop and sub-
mit to the Administrator for approval, as part
of the State cooperative agreement under section
23, a school pest management plan for local edu-
cational agencies in the State.
‘‘(C) COMPONENTS.—A school pest manage-
ment plan developed under subparagraph (B)
shall, at a minimum—
‘‘(i) implement a system that—
‘‘(I) eliminates or mitigates health
risks, or economic or aesthetic damage,
caused by pests;
‘‘(II) employs—
‘‘(aa) integrated methods;
‘‘(bb) site or pest inspection;
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‘‘(cc) pest population moni-
toring; and
‘‘(dd) an evaluation of the
need for pest management; and
‘‘(III) is developed taking into
consideration pest management alter-
natives (including sanitation, struc-
tural repair, and mechanical, biologi-
cal, cultural, and pesticide strategies)
that minimize health and environ-
mental risks;
‘‘(ii) require, for pesticide applications
at the school, universal notification to be
provided—
‘‘(I) at the beginning of the school
year;
‘‘(II) at the midpoint of the school
year; and
‘‘(III) at the beginning of any
summer session, as determined by the
school;
‘‘(iii) establish a registry of staff mem-
bers of a school, and of parents, legal guard-
ians, or other persons with legal standing as
parents of each child attending the school,
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that have requested to be notified in ad-
vance of any pesticide application at the
school;
‘‘(iv) establish guidelines that are con-
sistent with the definition of a school pest
management plan under subsection (a);
‘‘(v) require that each local educational
agency use a certified applicator or a per-
son authorized by the State agency to im-
plement the school pest management plans;
‘‘(vi) be consistent with the State coop-
erative agreement under section 23; and
‘‘(vii) require the posting of signs in
accordance with paragraph (4)(G).
‘‘(D) APPROVAL BY ADMINISTRATOR.—Not
later than 90 days after receiving a school pest
management plan submitted by a State agency
under subparagraph (B), the Administrator
shall—
‘‘(i) determine whether the school pest
management plan, at a minimum, meets
the requirements of subparagraph (C); and
‘‘(ii)(I) if the Administrator deter-
mines that the school pest management plan
meets the requirements, approve the school
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pest management plan as part of the State
cooperative agreement; or
‘‘(II) if the Administrator determines
that the school pest management plan does
not meet the requirements—
‘‘(aa) disapprove the school pest
management plan;
‘‘(bb) provide the State agency
with recommendations for and assist-
ance in revising the school pest man-
agement plan to meet the requirements;
and
‘‘(cc) provide a 90-day deadline
by which the State agency shall resub-
mit the revised school pest management
plan to obtain approval of the plan, in
accordance with the State cooperative
agreement.
‘‘(E) DISTRIBUTION
OF
STATE
PLAN
TO
SCHOOLS.—On approval of the school pest man-
agement plan of a State agency, the State agency
shall make the school pest management plan
available to each local educational agency in the
State.
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‘‘(F) EXCEPTION
FOR
EXISTING
STATE
PLANS.—If, on the date of enactment of the
School Environment Protection Act of 2001, a
State has implemented a school pest management
plan that, at a minimum, meets the require-
ments under subparagraph (C) (as determined
by the Administrator), the State agency may
maintain the school pest management plan and
shall not be required to develop a new school pest
management plan under subparagraph (B).
‘‘(2) IMPLEMENTATION BY LOCAL EDUCATIONAL
AGENCIES.—
‘‘(A) IN GENERAL.—Not later than 1 year
after the date on which a local educational agen-
cy receives a copy of a school pest management
plan of a State agency under paragraph (1)(E),
the local educational agency shall develop and
implement in each of the schools under the juris-
diction of the local educational agency a school
pest management plan that meets the standards
and requirements under the school pest manage-
ment plan of the State agency, as determined by
the Administrator.
‘‘(B) EXCEPTION FOR EXISTING PLANS.—If,
on the date of enactment of the School Environ-
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ment Protection Act of 2001, a State maintains
a school pest management plan that, at a min-
imum, meets the standards and criteria estab-
lished under this section (as determined by the
Administrator), and a local educational agency
in the State has implemented the State school
pest management plan, the local educational
agency may maintain the school pest manage-
ment plan and shall not be required to develop
and implement a new school pest management
plan under subparagraph (A).
‘‘(C) 
APPLICATION
OF
PESTICIDES
AT
SCHOOLS.—A school pest management plan shall
prohibit—
‘‘(i) the application of a pesticide to
any area or room at a school while the area
or room is occupied or in use by students
or staff members (except students and staff
participating in regular or vocational agri-
cultural instruction involving the use of
pesticides); and
‘‘(ii) the use by students or staff mem-
bers of an area or room treated with a pes-
ticide by broadcast spraying, baseboard
spraying, tenting, or fogging during—
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‘‘(I) the period specified on the
label of the pesticide during which a
treated area or room should remain
unoccupied; or
‘‘(II) if there is no period speci-
fied on the label, the 24-hour period be-
ginning at the end of the treatment.
‘‘(3) CONTACT PERSON.—
‘‘(A) IN GENERAL.—Each local educational
agency shall designate a contact person to carry
out a school pest management plan in schools
under the jurisdiction of the local educational
agency.
‘‘(B) DUTIES.—The contact person of a
local educational agency shall—
‘‘(i) maintain information about the
scheduling of pesticide applications in each
school under the jurisdiction of the local
educational agency;
‘‘(ii) act as a contact for inquiries, and
disseminate information requested by par-
ents or guardians, about the school pest
management plan;
‘‘(iii) maintain and make available to
parents, legal guardians, or other persons
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with legal standing as parents of each child
attending the school, before and during the
notice period and after application—
‘‘(I) copies of material safety data
sheet for pesticides applied at the
school, or copies of material safety data
sheets for end-use dilutions of pes-
ticides applied at the school, if data
sheets are available;
‘‘(II) labels and fact sheets ap-
proved by the Administrator for all
pesticides that may be used by the local
educational agency; and
‘‘(III) any final official informa-
tion related to the pesticide, as pro-
vided to the local educational agency
by the State agency; and
‘‘(iv) for each school, maintain all pes-
ticide use data for each pesticide used at the
school (other than antimicrobial pesticides
(as defined in clauses (i) and (ii) of section
2(mm)(1)(A))) for at least 3 years after the
date on which the pesticide is applied; and
‘‘(v) make that data available for in-
spection on request by any person.
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‘‘(4) NOTIFICATION.—
‘‘(A) UNIVERSAL NOTIFICATION.—At the be-
ginning of each school year, at the midpoint of
each school year, and at the beginning of any
summer session (as determined by the school), a
local educational agency or school shall provide
to staff members of a school, and to parents, legal
guardians, and other persons with legal standing
as parents of students enrolled at the school, a
notice describing the school pest management
plan that includes—
‘‘(i) a summary of the requirements
and procedures under the school pest man-
agement plan;
‘‘(ii) a description of any potential
pest problems that the school may experi-
ence (including a description of the proce-
dures that may be used to address those
problems);
‘‘(iii) the address, telephone number,
and website address of the Office of Pes-
ticide Programs of the Environmental Pro-
tection Agency; and
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‘‘(iv) the following statement (includ-
ing information to be supplied by the school
as indicated in brackets):
‘As part of a school pest management plan, lllll
(insert school name) may use pesticides to control pests. The
Environmental Protection Agency (EPA) and lllll
(insert name of State agency exercising jurisdiction over
pesticide registration and use) registers pesticides for that
use. EPA continues to examine registered pesticides to de-
termine that use of the pesticides in accordance with in-
structions printed on the label does not pose unreasonable
risks to human health and the environment. Nevertheless,
EPA cannot guarantee that registered pesticides do not pose
risks, and unnecessary exposure to pesticides should be
avoided. Based in part on recommendations of a 1993 study
by the National Academy of Sciences that reviewed reg-
istered pesticides and their potential to cause unreasonable
adverse effects on human health, particularly on the health
of pregnant women, infants, and children, Congress enacted
the Food Quality Protection Act of 1996. That law requires
EPA to reevaluate all registered pesticides and new pes-
ticides to measure their safety, taking into account the
unique exposures and sensitivity that pregnant women, in-
fants, and children may have to pesticides. EPA review
under that law is ongoing. You may request to be notified
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at least 24 hours in advance of pesticide applications to
be made and receive information about the applications by
registering with the school. Certain pesticides used by the
school (including baits, pastes, and gels) are exempt from
notification requirements. If you would like more informa-
tion concerning any pesticide application or any product
used at the school, contact lllll (insert name and
phone number of contact person)’.
‘‘(B) NOTIFICATION TO PERSONS ON REG-
ISTRY.—
‘‘(i) IN GENERAL.—Except as provided
in clause (ii) and paragraph (5)—
‘‘(I) notice of an upcoming pes-
ticide application at a school shall be
provided to each person on the registry
of the school not later than 24 hours
before the end of the last business day
during which the school is in session
that precedes the day on which the ap-
plication is to be made; and
‘‘(II) the application of a pes-
ticide for which a notice is given under
subclause (I) shall not commence before
the end of the business day.
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‘‘(ii) NOTIFICATION CONCERNING PES-
TICIDES USED IN CURRICULA.—If pesticides
are used as part of a regular vocational ag-
ricultural curriculum of the school, a notice
containing the information described in
subclauses (I), (IV), (VI), and (VII) of
clause (iii) for all pesticides that may be
used as a part of that curriculum shall be
provided to persons on the registry only
once at the beginning of each academic term
of the school.
‘‘(iii) CONTENTS OF NOTICE.—A notice
under clause (i) shall contain—
‘‘(I) the trade name, common
name (if applicable), and Environ-
mental Protection Agency registration
number of each pesticide to be applied;
‘‘(II) a description of each loca-
tion at the school at which a pesticide
is to be applied;
‘‘(III) a description of the date
and time of application, except that, in
the case of an outdoor pesticide appli-
cation, a notice shall include at least 3
dates, in chronological order, on which
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the outdoor pesticide application may
take place if the preceding date is can-
celed;
‘‘(IV) all information supplied to
the local educational agency by the
State agency, including a description
of potentially acute and chronic effects
that may result from exposure to each
pesticide to be applied based on—
‘‘(aa) a description of poten-
tially acute and chronic effects
that may result from exposure to
each pesticide to be applied, as
stated on the label of the pesticide
approved by the Administrator;
‘‘(bb) 
information 
derived
from the material safety data
sheet for the end-use dilution of
the pesticide to be applied (if
available) or the material safety
data sheets; and
‘‘(cc) final, official informa-
tion related to the pesticide pre-
pared by the Administrator and
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provided to the local educational
agency by the State agency;
‘‘(V) a description of the purpose
of the application of the pesticide;
‘‘(VI) the address, telephone num-
ber, and website address of the Office of
Pesticide Programs of the Environ-
mental Protection Agency; and
‘‘(VII) the statement described in
subparagraph (A)(iv) (other than the
ninth sentence of that statement).
‘‘(C) NOTIFICATION AND POSTING EXEMP-
TION.—A notice or posting of a sign under sub-
paragraph (A), (B), or (G) shall not be required
for the application at a school of—
‘‘(i) an antimicrobial pesticide;
‘‘(ii) a bait, gel, or paste that is
placed—
‘‘(I) out of reach of children or in
an area that is not accessible to chil-
dren; or
‘‘(II) in a tamper-resistant or
child-resistant container or station;
and
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‘‘(iii) any pesticide that, as of the date
of enactment of the School Environment
Protection Act of 2001, is exempt from the
requirements of this Act under section 25(b)
(including regulations promulgated at sec-
tion 152 of title 40, Code of Federal Regula-
tions (or any successor regulation)).
‘‘(D) NEW
STAFF
MEMBERS
AND
STU-
DENTS.—After the beginning of each school year,
a local educational agency or school within a
local educational agency shall provide each no-
tice required under subparagraph (A) to—
‘‘(i) each new staff member who is em-
ployed during the school year; and
‘‘(ii) the parent or guardian of each
new student enrolled during the school year.
‘‘(E) METHOD OF NOTIFICATION.—A local
educational agency or school may provide a no-
tice under this subsection, using information de-
scribed in paragraph (4), in the form of—
‘‘(i) a written notice sent home with
the students and provided to staff members;
‘‘(ii) a telephone call;
‘‘(iii) direct contact;
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‘‘(iv) a written notice mailed at least
1 week before the application; or
‘‘(v) a notice delivered electronically
(such as through electronic mail or fac-
simile).
‘‘(F) REISSUANCE.—If the date of the appli-
cation of the pesticide needs to be extended be-
yond the period required for notice under this
paragraph, the school shall issue a notice con-
taining only the new date and location of appli-
cation.
‘‘(G) POSTING OF SIGNS.—
‘‘(i) IN GENERAL.—Except as provided
in paragraph (5)—
‘‘(I) a school shall post a sign not
later than the last business day during
which school is in session preceding the
date of application of a pesticide at the
school; and
‘‘(II) the application for which a
sign is posted under subclause (I) shall
not commence before the time that is
24 hours after the end of the business
day on which the sign is posted.
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‘‘(ii) LOCATION.—A sign shall be post-
ed under clause (i)—
‘‘(I) at a central location notice-
able to individuals entering the build-
ing; and
‘‘(II) at the proposed site of appli-
cation.
‘‘(iii) ADMINISTRATION.—A sign re-
quired to be posted under clause (i) shall—
‘‘(I) remain posted for at least 24
hours after the end of the application;
‘‘(II) be—
‘‘(aa) at least 81⁄2 inches by
11 inches for signs posted inside
the school; and
‘‘(bb) at least 4 inches by 5
inches for signs posted outside the
school; and
‘‘(III) contain—
‘‘(aa) information about the
pest problem for which the appli-
cation is necessary;
‘‘(bb) the name of each pes-
ticide to be used;
‘‘(cc) the date of application;
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‘‘(dd) the name and tele-
phone number of the designated
contact person; and
‘‘(ee) the statement contained
in subparagraph (A)(iv).
‘‘(iv) OUTDOOR
PESTICIDE
APPLICA-
TIONS.—
‘‘(I) IN GENERAL.—In the case of
an outdoor pesticide application at a
school, each sign shall include at least
3 dates, in chronological order, on
which the outdoor pesticide application
may take place if the preceding date is
canceled.
‘‘(II) DURATION OF POSTING.—A
sign described in subclause (I) shall be
posted after an outdoor pesticide appli-
cation in accordance with clauses (ii)
and (iii).
‘‘(5) EMERGENCIES.—
‘‘(A) IN GENERAL.—A school may apply a
pesticide at the school without complying with
this part in an emergency, subject to subpara-
graph (B).
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‘‘(B) SUBSEQUENT NOTIFICATION OF PAR-
ENTS, GUARDIANS, AND STAFF MEMBERS.—Not
later than the earlier of the time that is 24 hours
after a school applies a pesticide under this
paragraph or on the morning of the next busi-
ness day, the school shall provide to each parent
or guardian of a student listed on the registry,
a staff member listed on the registry, and the
designated contact person, notice of the applica-
tion of the pesticide in an emergency that
includes—
‘‘(i) the information required for a no-
tice under paragraph (4)(G); and
‘‘(ii) a description of the problem and
the factors that required the application of
the pesticide to avoid a threat to the health
or safety of a student or staff member.
‘‘(C) 
METHOD
OF
NOTIFICATION.—The
school may provide the notice required by para-
graph (B) by any method of notification de-
scribed in paragraph (4)(E).
‘‘(D) POSTING
OF
SIGNS.—Immediately
after the application of a pesticide under this
paragraph, a school shall post a sign warning of
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the pesticide application in accordance with
clauses (ii) through (iv) of paragraph (4)(B).
‘‘(c) RELATIONSHIP TO STATE AND LOCAL REQUIRE-
MENTS.—Nothing in this section (including regulations
promulgated under this section)—
‘‘(1) precludes a State or political subdivision of
a State from imposing on local educational agencies
and schools any requirement under State or local law
(including regulations) that is more stringent than
the requirements imposed under this section; or
‘‘(2) establishes any exception under, or affects
in any other way, section 24(b).
‘‘(d) AUTHORIZATION
OF APPROPRIATIONS.—There
are authorized to be appropriated such sums as are nec-
essary to carry out this section.’’.
(c) CONFORMING AMENDMENT.—The table of contents
in section 1(b) of the Federal Insecticide, Fungicide, and
Rodenticide Act (7 U.S.C. prec. 121) is amended by striking
the items relating to sections 30 through 32 and inserting
the following:
‘‘Sec. 30. Minimum requirements for training of maintenance applicators and
service technicians.
‘‘Sec. 31. Environmental Protection Agency minor use program.
‘‘Sec. 32. Department of Agriculture minor use program.
‘‘(a) In general.
‘‘(b)(1) Minor use pesticide data.
‘‘(2) Minor Use Pesticide Data Revolving Fund.
‘‘Sec. 33. Pest management in schools.
‘‘(a) Definitions.
‘‘(1) Bait.
‘‘(2) Contact person.
‘‘(3) Emergency.
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‘‘(4) Local educational agency.
‘‘(5) School.
‘‘(6) Staff member.
‘‘(7) State agency.
‘‘(8) Universal notification.
‘‘(b) School pest management plans.
‘‘(1) State plans.
‘‘(2) Implementation by local educational agencies.
‘‘(3) Contact person.
‘‘(4) Notification.
‘‘(5) Emergencies.
‘‘(c) Relationship to State and local requirements.
‘‘(d) Authorization of appropriations.
‘‘Sec. 34. Severability.
‘‘Sec. 35. Authorization of appropriations.’’.
(d) EFFECTIVE DATE.—This section and the amend-
ments made by this section take effect on October 1, 2001.
TITLE XI—TEACHER
PROTECTION
SEC. 1101. TEACHER PROTECTION.
The Act (20 U.S.C. 6301 et seq.) is amended by adding
at the end the following:
‘‘TITLE X—TEACHER
PROTECTION
‘‘SEC. 10001. SHORT TITLE.
‘‘This title may be cited as the ‘Paul D. Coverdell
Teacher Protection Act of 2001’.
‘‘SEC. 10002. FINDINGS AND PURPOSE.
‘‘(a) FINDINGS.—Congress makes the following find-
ings:
‘‘(1) The ability of teachers, principals and other
school professionals to teach, inspire and shape the in-
tellect of our Nation’s elementary and secondary
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school students is deterred and hindered by frivolous
lawsuits and litigation.
‘‘(2) Each year more and more teachers, prin-
cipals and other school professionals face lawsuits for
actions undertaken as part of their duties to provide
millions of school children quality educational oppor-
tunities.
‘‘(3) Too many teachers, principals and other
school professionals face increasingly severe and ran-
dom acts of violence in the classroom and in schools.
‘‘(4) Providing teachers, principals and other
school professionals a safe and secure environment is
an important part of the effort to improve and ex-
pand educational opportunities, which are critical for
the continued economic development of the United
States.
‘‘(5) Frivolous lawsuits against teachers main-
taining order in the classroom impose significant fi-
nancial burdens on local educational agencies, and
deprive the agencies of funds that would best be used
for educating students.
‘‘(6) Clarifying and limiting the liability of
teachers, principals and other school professionals
who undertake reasonable actions to maintain order,
discipline and an appropriate educational environ-
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ment is an appropriate subject of Federal legislation
because—
‘‘(A) the scope of the problems created by the
legitimate fears of teachers, principals and other
school professionals about frivolous, arbitrary or
capricious lawsuits against teachers is of na-
tional importance; and
‘‘(B) millions of children and their families
across the Nation depend on teachers, principals
and other school professionals for the intellectual
development of children.
‘‘(b) PURPOSE.—The purpose of this title is to provide
teachers, principals and other school professionals the tools
they need to undertake reasonable actions to maintain
order, discipline, and an appropriate educational environ-
ment.
‘‘SEC. 10003. PREEMPTION AND ELECTION OF STATE NON-
APPLICABILITY.
‘‘(a) PREEMPTION.—This title preempts the laws of
any State to the extent that such laws are inconsistent with
this title, except that this title shall not preempt any State
law that provides additional protection from liability relat-
ing to teachers.
‘‘(b) ELECTION OF STATE REGARDING NONAPPLICA-
BILITY.—This title shall not apply to any civil action in
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a State court against a teacher with respect to claims aris-
ing within that State if such State enacts a statute in ac-
cordance with State requirements for enacting legislation—
‘‘(1) citing the authority of this subsection;
‘‘(2) declaring the election of such State that this
title shall not apply, as of a date certain, to such civil
action in the State; and
‘‘(3) containing no other provisions.
‘‘SEC. 10004. LIMITATION ON LIABILITY FOR TEACHERS.
‘‘(a) LIABILITY PROTECTION FOR TEACHERS.—Except
as provided in subsections (b) through (d), no teacher in
a school shall be liable for harm caused by an act or omis-
sion of the teacher on behalf of the school if—
‘‘(1) the teacher was acting within the scope of
the teacher’s employment or responsibilities related to
providing educational services;
‘‘(2) the actions of the teacher were carried out
in conformity with local, State, and Federal laws (in-
cluding rules and regulations) in furtherance of ef-
forts to control, discipline, expel, or suspend a student
or maintain order or control in the classroom or
school;
‘‘(3) if appropriate or required, the teacher was
properly licensed, certified, or authorized by the ap-
propriate authorities for the activities or practice in
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the State in which the harm occurred, where the ac-
tivities were or practice was undertaken within the
scope of the teacher’s responsibilities;
‘‘(4) the harm was not caused by willful or
criminal misconduct, gross negligence, reckless mis-
conduct, or a conscious, flagrant indifference to the
rights or safety of the individual harmed by the teach-
er; and
‘‘(5) the harm was not caused by the teacher op-
erating a motor vehicle, vessel, aircraft, or other vehi-
cle for which the State requires the operator or the
owner of the vehicle, craft, or vessel to—
‘‘(A) possess an operator’s license; or
‘‘(B) maintain insurance.
‘‘(b) CONCERNING RESPONSIBILITY OF TEACHERS TO
SCHOOLS AND GOVERNMENTAL ENTITIES.—Nothing in this
section shall be construed to affect any civil action brought
by any school or any governmental entity against any
teacher of such school.
‘‘(c) RULE OF CONSTRUCTION.—Nothing in this sec-
tion shall be construed to affect any State or local law (in-
cluding a rule or regulation) or policy pertaining to the
use of corporal punishment.
‘‘(d) EXCEPTIONS TO TEACHER LIABILITY PROTEC-
TION.—If the laws of a State limit teacher liability subject
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to 1 or more of the following conditions, such conditions
shall not be construed as inconsistent with this section:
‘‘(1) A State law that requires a school or gov-
ernmental entity to adhere to risk management proce-
dures, including mandatory training of teachers.
‘‘(2) A State law that makes the school or gov-
ernmental entity liable for the acts or omissions of its
teachers to the same extent as an employer is liable
for the acts or omissions of its employees.
‘‘(3) A State law that makes a limitation of li-
ability inapplicable if the civil action was brought by
an officer of a State or local government pursuant to
State or local law.
‘‘(e) LIMITATION ON PUNITIVE DAMAGES BASED ON
THE ACTIONS OF TEACHERS.—
‘‘(1) GENERAL RULE.—Punitive damages may
not be awarded against a teacher in an action
brought for harm based on the action or omission of
a teacher acting within the scope of the teacher’s re-
sponsibilities to a school or governmental entity un-
less the claimant establishes by clear and convincing
evidence that the harm was proximately caused by an
action or omission of such teacher which constitutes
willful or criminal misconduct, or a conscious, fla-
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grant indifference to the rights or safety of the indi-
vidual harmed.
‘‘(2) CONSTRUCTION.—Paragraph (1) does not
create a cause of action for punitive damages and
does not preempt or supersede any Federal or State
law to the extent that such law would further limit
the award of punitive damages.
‘‘(f) EXCEPTIONS TO LIMITATIONS ON LIABILITY.—
‘‘(1) IN GENERAL.—The limitations on the liabil-
ity of a teacher under this title shall not apply to any
misconduct that—
‘‘(A) constitutes a crime of violence (as that
term is defined in section 16 of title 18, United
States Code) or act of international terrorism (as
that term is defined in section 2331 of title 18,
United States Code) for which the defendant has
been convicted in any court;
‘‘(B) involves a sexual offense, as defined by
applicable State law, for which the defendant has
been convicted in any court;
‘‘(C) involves misconduct for which the de-
fendant has been found to have violated a Fed-
eral or State civil rights law; or
‘‘(D) where the defendant was under the in-
fluence (as determined pursuant to applicable
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State law) of intoxicating alcohol or any drug at
the time of the misconduct.
‘‘(2) HIRING.—The limitations on the liability of
a teacher under this title shall not apply to mis-
conduct during background investigations, or during
other actions, involved in the hiring of a teacher.
‘‘SEC. 10005. LIABILITY FOR NONECONOMIC LOSS.
‘‘(a) GENERAL RULE.—In any civil action against a
teacher, based on an action or omission of a teacher acting
within the scope of the teacher’s responsibilities to a school
or governmental entity, the liability of the teacher for non-
economic loss shall be determined in accordance with sub-
section (b).
‘‘(b) AMOUNT OF LIABILITY.—
‘‘(1) IN
GENERAL.—Each defendant who is a
teacher, shall be liable only for the amount of non-
economic loss allocated to that defendant in direct
proportion to the percentage of responsibility of that
defendant (determined in accordance with paragraph
(2)) for the harm to the claimant with respect to
which that defendant is liable. The court shall render
a separate judgment against each defendant in an
amount determined pursuant to the preceding sen-
tence.
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‘‘(2) PERCENTAGE
OF
RESPONSIBILITY.—For
purposes of determining the amount of noneconomic
loss allocated to a defendant who is a teacher under
this section, the trier of fact shall determine the per-
centage of responsibility of each person responsible for
the claimant’s harm, whether or not such person is a
party to the action.
‘‘(c) RULE OF CONSTRUCTION.—Nothing in this sec-
tion shall be construed to preempt or supersede any Federal
or State law that further limits the application of joint li-
ability in a civil action described in subsection (a), beyond
the limitations established in this section.
‘‘SEC. 10006. DEFINITIONS.
‘‘For purposes of this title:
‘‘(1) ECONOMIC LOSS.—The term ‘economic loss’
means any pecuniary loss resulting from harm (in-
cluding the loss of earnings or other benefits related
to employment, medical expense loss, replacement
services loss, loss due to death, burial costs, and loss
of business or employment opportunities) to the extent
recovery for such loss is allowed under applicable
State law.
‘‘(2) HARM.—The term ‘harm’ includes physical,
nonphysical, economic, and noneconomic losses.
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‘‘(3) NONECONOMIC
LOSSES.—The term ‘non-
economic losses’ means losses for physical and emo-
tional pain, suffering, inconvenience, physical im-
pairment, mental anguish, disfigurement, loss of en-
joyment of life, loss of society and companionship,
loss of consortium (other than loss of domestic serv-
ice), hedonic damages, injury to reputation and all
other nonpecuniary losses of any kind or nature.
‘‘(4) SCHOOL.—The term ‘school’ means a public
or private kindergarten, a public or private elemen-
tary school or secondary school (as defined in section
14101, or a home school.
‘‘(5) STATE.—The term ‘State’ means each of the
several States of the United States, the District of Co-
lumbia, the Commonwealth of Puerto Rico, the
United States Virgin Islands, Guam, American
Samoa, the Commonwealth of the Northern Mariana
Islands, any other territory or possession of the
United States, or any political subdivision of any
such State, territory, or possession.
‘‘(6) TEACHER.—The term ‘teacher’ means a
teacher, instructor, principal, administrator, other
educational professional that works in a school, or an
individual member of a school board (as distinct from
the board itself).
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‘‘SEC. 10007. EFFECTIVE DATE.
‘‘(a) IN GENERAL.—This title shall take effect 90 days
after the date of the enactment of the Paul D. Coverdell
Teacher Protection Act of 2001.
‘‘(b) APPLICATION.—This title applies to any claim for
harm caused by an act or omission of a teacher if that claim
is filed on or after the effective date of the Paul D. Coverdell
Teacher Protection Act of 2001, without regard to whether
the harm that is the subject of the claim or the conduct
that caused the harm occurred before such effective date.’’.
TITLE XII—NATIVE AMERICAN
EDUCATION IMPROVEMENT
SEC. 1201. SHORT TITLE.
This title may be cited as the ‘‘Native American Edu-
cation Improvement Act of 2001’’.
Subtitle A—Amendments to the
Education Amendments of 1978
SEC. 1211. AMENDMENTS TO THE EDUCATION AMEND-
MENTS OF 1978.
Part B of title XI of the Education Amendments of
1978 (25 U.S.C. 2001 et seq.) is amended to read as follows:
‘‘PART B—BUREAU OF INDIAN AFFAIRS
PROGRAMS
‘‘SEC. 1120. FINDING AND POLICY.
‘‘(a) FINDING.—Congress finds and recognizes that—
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‘‘(1) the Federal Government’s unique and con-
tinuing trust relationship with and responsibility to
the Indian people includes the education of Indian
children; and
‘‘(2) the Federal Government has the responsi-
bility for the operation and financial support of the
Bureau of Indian Affairs funded school system that
the Federal Government has established on or near
reservations and Indian trust lands throughout the
Nation for Indian children.
‘‘(b) POLICY.—It is the policy of the United States to
work in full cooperation with tribes toward the goal of as-
suring that the programs of the Bureau of Indian Affairs
funded school system are of the highest quality and provide
for the basic elementary and secondary educational needs
of Indian children, including meeting the unique edu-
cational and cultural needs of these children.
‘‘SEC. 1121. ACCREDITATION FOR THE BASIC EDUCATION
OF INDIAN CHILDREN IN BUREAU OF INDIAN
AFFAIRS SCHOOLS.
‘‘(a) PURPOSE; DECLARATIONS OF PURPOSE.—
‘‘(1) PURPOSE.—The purpose of the accredita-
tion required under this section shall be to ensure that
Indian students being served by a school funded by
the Bureau of Indian Affairs are provided with edu-
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cational opportunities that equal or exceed those for
all other students in the United States.
‘‘(2) DECLARATIONS OF PURPOSE.—
‘‘(A) IN GENERAL.—Local school boards for
schools operated by the Bureau of Indian Affairs,
in cooperation and consultation with the appro-
priate tribal governing bodies and their commu-
nities, are encouraged to adopt declarations of
purpose for education for their communities, tak-
ing into account the implications of such dec-
larations on education in their communities and
for their schools. In adopting such declarations of
purpose, the school boards shall consider the ef-
fect the declarations may have on the motivation
of students and faculties.
‘‘(B) CONTENTS.—A declaration of purpose
for a community shall—
‘‘(i) represent the aspirations of the
community for the kinds of people the com-
munity would like the community’s children
to become; and
‘‘(ii) contain an expression of the com-
munity’s desires that all students in the
community shall—
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‘‘(I) 
become 
accomplished 
in
things and ways important to the stu-
dents and respected by their parents
and community;
‘‘(II) shape worthwhile and satis-
fying lives for themselves;
‘‘(III) exemplify the best values of
the community and humankind; and
‘‘(IV) become increasingly effective
in shaping the character and quality of
the world all students share.
‘‘(b) ACCREDITATION.—
‘‘(1) DEADLINE.—
‘‘(A) IN
GENERAL.—Not later than 12
months after the date of enactment of the Native
American Education Improvement Act of 2001,
each Bureau funded school shall, to the extent
that necessary funds are provided, be a can-
didate for accreditation or be accredited—
‘‘(i) by a tribal department of edu-
cation if such accreditation is accepted by a
generally recognized State certification or
regional accrediting agency;
‘‘(ii) by a regional accreditation agen-
cy;
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‘‘(iii) in accordance with State accred-
itation standards for the State in which the
school is located; or
‘‘(iv) in the case of a school that is lo-
cated on a reservation that is located in
more than 1 State, in accordance with the
State accreditation standards of 1 State as
selected by the tribal government.
‘‘(B) FEASIBILITY STUDY.—Not later than
12 months after the date of enactment of the Na-
tive American Education Improvement Act of
2001, the Secretary of the Interior and the Sec-
retary of Education shall, in conjunction with
Indian tribes, Indian education organizations,
and accrediting agencies, develop and submit to
the appropriate Committees of Congress a report
on the desirability and feasibility of establishing
a National Tribal Accreditation Agency that
would serve as an accrediting body for Bureau
funded schools.
‘‘(2) DETERMINATION OF ACCREDITATION TO BE
APPLIED.—The accreditation type applied for each
school shall be determined by the tribal governing
body, or the school board, if authorized by the tribal
governing body.
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‘‘(3) ASSISTANCE TO SCHOOL BOARDS.—The Sec-
retary, through contracts and grants, shall provide
technical and financial assistance to Bureau funded
schools, to the extent that necessary amounts are made
available, to enable such schools to obtain the accredi-
tation required under this subsection, if the school
boards request that such assistance, in part or in
whole, be provided. The Secretary may provide such
assistance directly or through the Department of Edu-
cation, an institution of higher education, a private
not-for profit organization or for-profit organization,
an educational service agency, or another entity with
demonstrated experience in assisting schools in ob-
taining accreditation.
‘‘(4) APPLICATION
OF
CURRENT
STANDARDS
DURING
ACCREDITATION.—A Bureau funded school
that is seeking accreditation shall remain subject to
the standards issued under section 1121 of the Edu-
cation Amendments of 1978 and in effect on the date
of enactment of the Native American Education Im-
provement Act of 2001 until such time as the school
is accredited, except that if any of such standards are
in conflict with the standards of the accrediting agen-
cy, the standards of such agency shall apply in such
case.
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‘‘(5) 
ANNUAL
REPORT
ON
UNACCREDITED
SCHOOLS.—Not later than 90 days after the end of
each school year, the Secretary shall prepare and sub-
mit to the Committees on Appropriations and the
Committee on Resources of the House of Representa-
tives and the Committees on Appropriations and the
Committee on Indian Affairs of the Senate, a report
concerning 
unaccredited 
Bureau 
funded 
schools
that—
‘‘(A) identifies those Bureau funded schools
that fail to be accredited or to be candidates for
accreditation within the period provided for in
paragraph (1);
‘‘(B) with respect to each Bureau funded
school identified under subparagraph (A), identi-
fies the reasons that each such school is not ac-
credited or a candidate for accreditation, as de-
termined by the appropriate accreditation agen-
cy, and a description of any possible way in
which to remedy such nonaccreditation; and
‘‘(C) with respect to each Bureau funded
school for which the reported reasons for the lack
of accreditation under subparagraph (B) are a
result of the school’s inadequate basic resources,
contains information and funding requests for
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the full funding needed to provide such schools
with accreditation, such funds if provided shall
be applied to such unaccredited school under this
paragraph.
‘‘(6) OPPORTUNITY
TO
REVIEW
AND
PRESENT
EVIDENCE.—
‘‘(A) IN GENERAL.—Prior to including a
Bureau funded school in an annual report re-
quired under paragraph (5), the Secretary
shall—
‘‘(i) ensure that the school has ex-
hausted all administrative remedies pro-
vided by the accreditation agency; and
‘‘(ii) provide the school with an oppor-
tunity to review the data on which such in-
clusion is based.
‘‘(B) PROVISION OF ADDITIONAL INFORMA-
TION.—If the school board of a school that the
Secretary has proposed for inclusion in an an-
nual report under paragraph (5) believes that
such inclusion is in error, the school board may
provide to the Secretary such information as the
board believes is in conflict with the information
and conclusions of the Secretary with respect to
the determination to include the school in such
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annual report. The Secretary shall consider such
information provided by the school board before
making a final determination concerning the in-
clusion of the school in any such report.
‘‘(C) PUBLICATION OF ACCREDITATION STA-
TUS.—Not later than 30 days after making an
initial determination to include a school in an
annual report under paragraph (5), the Sec-
retary shall make public the final determination
on the accreditation status of the school.
‘‘(7) SCHOOL PLAN.—
‘‘(A) IN
GENERAL.—Not later than 120
days after the date on which a school is included
in an annual report under paragraph (5), the
school shall develop a school plan, in consulta-
tion with interested parties including parents,
school staff, the school board, and other outside
experts (if appropriate), that shall be submitted
to the Secretary for approval. The school plan
shall cover a 3-year period and shall—
‘‘(i) incorporate strategies that address
the specific issues that caused the school to
fail to be accredited or fail to be a can-
didate for accreditation;
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‘‘(ii) incorporate policies and practices
concerning the school that have the greatest
likelihood of ensuring that the school will
obtain accreditation during the 3 year-pe-
riod beginning on the date on which the
plan is implemented;
‘‘(iii) contain an assurance that the
school will reserve the necessary funds, from
the funds described in paragraph (3), for
each fiscal year for the purpose of obtaining
accreditation;
‘‘(iv) specify how the funds described
in clause (iii) will be used to obtain accred-
itation;
‘‘(v) establish specific annual, objective
goals for measuring continuous and signifi-
cant progress made by the school in a man-
ner that will ensure the accreditation of the
school within the 3-year period described in
clause (ii);
‘‘(vi) identify how the school will pro-
vide written notification about the lack of
accreditation to the parents of each student
enrolled in such school, in a format and, to
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the extent practicable, in a language the
parents can understand; and
‘‘(vii) specify the responsibilities of the
school board and any assistance to be pro-
vided by the Secretary under paragraph
(3).
‘‘(B) IMPLEMENTATION.—A school shall im-
plement the school plan under subparagraph (A)
expeditiously, but in no event later than the be-
ginning of the school year following the school
year in which the school was included in the an-
nual report under paragraph (5) so long as the
necessary resources have been provided to the
school.
‘‘(C) REVIEW OF PLAN.—Not later than 45
days after receiving a school plan, the Secretary
shall—
‘‘(i) establish a peer-review process to
assist with the review of the plan; and
‘‘(ii) promptly review the school plan,
work with the school as necessary, and ap-
prove the school plan if the plan meets the
requirements of this paragraph.
‘‘(8) CORRECTIVE ACTION.—
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‘‘(A) DEFINITION.—In this subsection, the
term ‘corrective action’ means action that—
‘‘(i) substantially and directly re-
sponds to—
‘‘(I) the failure of a school to
achieve accreditation; and
‘‘(II) any underlying staffing,
curriculum, or other programmatic
problem in the school that contributed
to the lack of accreditation; and
‘‘(ii) is designed to increase substan-
tially the likelihood that the school will be
accredited.
‘‘(B) CORRECTIVE ACTION INAPPLICABLE.—
The Secretary shall grant a waiver to any school
that fails to be accredited for reasons that are be-
yond the control of the school board, as deter-
mined by the Secretary, including a significant
decline in financial resources, the poor condition
of facilities, vehicles or other property, or a nat-
ural disaster. Such a waiver shall exempt such
school from any or all of the requirements of this
paragraph and paragraph (7), but such school
shall be required to comply with the standards
contained in part 36 of title 25, Code of Federal
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Register, as in effect on the date of enactment of
the Native American Education Improvement
Act of 2001.
‘‘(C) DUTIES
OF
SECRETARY.—After pro-
viding assistance to a school under paragraph
(3), the Secretary shall—
‘‘(i) annually review the progress of the
school under the applicable school plan, to
determine whether the school is meeting, or
making adequate progress towards, achiev-
ing the goals described in paragraph
(7)(A)(v) with respect to reaccreditation or
becoming a candidate for accreditation;
‘‘(ii) except as provided in subpara-
graph (B), continue to provide assistance
while implementing the school’s plan, and,
if determined appropriate by the Secretary,
take corrective action with respect to the
school if it fails to be accredited at the end
of the third year of the school’s plan;
‘‘(iii) promptly notify the parents of
children enrolled in the school of the option
to transfer their child to another school;
‘‘(iv) provide all students enrolled in
the school with the option to transfer to an-
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other school, including a public or charter
school, that is accredited; and
‘‘(v) provide, or pay for the provision
of, transportation for each student described
in clause (iv) to the school to which the stu-
dent elects to be transferred.
‘‘(D) FAILURE OF SCHOOL PLAN.—With re-
spect to a Bureau operated school that fails to be
accredited at the end of the 3-year period during
which the school’s plan is in effect under para-
graph (7), the Secretary may take 1 or more of
the following corrective actions:
‘‘(i) Institute and fully implement ac-
tions suggested by the accrediting agency.
‘‘(ii) Consult with the tribe involved to
determine the causes for the lack of accredi-
tation including potential staffing and ad-
ministrative changes that are or may be
necessary.
‘‘(iii) Set aside a certain amount of
funds that may only be used by the school
to obtain accreditation.
‘‘(iv)(I) Provide the tribe with a 60-
day period in which to determine whether
the tribe desires to operate the school as a
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contract or grant school, before meeting the
accreditation requirements in section 5207
of the Tribally Controlled Schools Act, at
the beginning of the next school year fol-
lowing the determination to take corrective
action. If the tribe agrees to operate the
school as a contract or grant school, the
tribe shall prepare a plan, pursuant to
paragraph (7), for approval by the Sec-
retary in accordance with paragraph (7), to
achieve accreditation.
‘‘(II) If the tribe declines to assume
control of the school, the Secretary, in con-
sultation with the tribe, may contract with
an outside entity, consistent with applicable
law, or appoint a receiver or trustee to op-
erate and administer the affairs of the
school until the school is accredited. The
outside entity, receiver or trustee shall pre-
pare a plan, pursuant to paragraph (7), for
approval by the Secretary in accordance
with paragraph (7).
‘‘(III) Upon accreditation of the school,
the Secretary shall allow the tribe to con-
tinue to operate the school as a grant or
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contract school, or if being controlled by an
outside entity, provide the tribe with the op-
tion to assume operation of the school as a
contract school, in accordance with the In-
dian Self Determination Act, or as a grant
school in accordance with the Tribally Con-
trolled Schools Act, at the beginning of the
school year following the school year in
which the school obtains accreditation. If
the tribe declines, the Secretary may allow
the outside entity, receiver or trustee to con-
tinue the operation of the school or re-
assume control of the school.
‘‘(v)(I) With respect to—
‘‘(aa) a school that is a grant
school, comply with section 5207 of the
Tribally Controlled Schools Act;
‘‘(bb) a school that is a contract
school, comply with the Indian Self
Determination Act;
‘‘(cc) a school described in item
(aa) or (bb), take any corrective ac-
tions described in clauses (i) through
(iii); or
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‘‘(dd) a school described in item
(aa) or (bb), the Secretary, after com-
plying with the notice and hearing re-
quirements of the reassumption provi-
sions of the Indian Self Determination
Act, may assume the operation and ad-
ministration of the school at the begin-
ning of the school year following the
revocation of the school’s determination
of eligibility and shall adopt a plan in
accordance with paragraph (7).
‘‘(II) With respect to a school described
in subclause (I), if, at the end of the 3-year
period during which the school’s plan is in
effect under paragraph (7), the school is still
not accredited, the Secretary in consultation
with the tribe may contract with an outside
entity or appoint a receiver or trustee,
which shall adopt a plan in accordance
with paragraph (7), to operate and admin-
ister the affairs of the school until the school
is accredited.
‘‘(III) Upon accreditation of the school,
the tribe shall have the option to assume the
operation and administration of the school
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as a contract school after complying with
the Indian Self Determination Act, or as a
grant school, after complying with the Trib-
ally Controlled Schools Act, at the begin-
ning of the school year following the year in
which the school obtains accreditation.
‘‘(IV) The provisions of this clause
shall be construed consistent with the provi-
sions of the Tribally Controlled Schools Act
and the Indian Self Determination Act as
in effect on the date of enactment of the Na-
tive American Education Improvement Act
of 2001, and shall not be construed as ex-
panding the authority of the Secretary
under any other law.
‘‘(E) HEARING.—With respect to a school
that is operated pursuant to a grant, or a school
that is operated under a contract under the In-
dian Self Determination Act, prior to imple-
menting any corrective action under this para-
graph, the Secretary shall provide notice and an
opportunity for a hearing to the affected school
pursuant to section 5207 of the Tribally Con-
trolled Schools Act.
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‘‘(9) STATUTORY
CONSTRUCTION.—Nothing in
this section shall be construed to alter or otherwise af-
fect the rights, remedies, and procedures afforded to
school employees under applicable law (including ap-
plicable regulations or court orders) or under the
terms of any collective bargaining agreement, memo-
randum of understanding, or other agreement between
such employees and their employers.
‘‘(c) ANNUAL PLAN.—
‘‘(1) IN GENERAL.—Except as provided in sub-
section (b), the Secretary shall implement the Bureau
standards in effect on the date of enactment of the
Native American Education Improvement Act of
2001.
‘‘(2) PLAN.—On an annual basis, the Secretary
shall submit to the appropriate committees of Con-
gress, all Bureau funded schools, and the tribal gov-
erning bodies of such schools a detailed plan to ensure
that all Bureau funded schools are accredited, or if
such school are in the process of obtaining accredita-
tion that such school meet the Bureau standards in ef-
fect on the date of enactment of the Native American
Education Improvement Act of 2001 to the extent that
such standards do not conflict with the standards of
the accrediting agency. Such plan shall include de-
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tailed information on the status of each school’s edu-
cational program in relation to the applicable stand-
ards, specific cost estimates for meeting such stand-
ards at each school, and specific timelines for bring-
ing each school up to the level required by such stand-
ards.
‘‘(d) CLOSURE OR CONSOLIDATION OF SCHOOLS.—
‘‘(1) IN
GENERAL.—Except as specifically re-
quired by law, no Bureau funded school or dormitory
operated on or after January 1, 1992, may be closed,
consolidated, or transferred to another authority and
no program of such a school may be substantially
curtailed except in accordance with the requirements
of this subsection.
‘‘(2) EXCEPTIONS.—This subsection (other than
this paragraph) shall not apply—
‘‘(A) in those cases in which the tribal gov-
erning body for a school, or the local school
board concerned (if designated by the tribal gov-
erning body to act under this paragraph), re-
quests the closure, consolidation, or substantial
curtailment; or
‘‘(B) if a temporary closure, consolidation,
or substantial curtailment is required by facility
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conditions that constitute an immediate hazard
to health and safety.
‘‘(3) REGULATIONS.—The Secretary shall, by
regulation, promulgate standards and procedures for
the closure, transfer to another authority, consolida-
tion, or substantial curtailment of school programs of
Bureau schools, in accordance with the requirements
of this subsection.
‘‘(4) NOTIFICATION.—
‘‘(A) CONSIDERATION.—Whenever closure,
transfer to another authority, consolidation, or
substantial curtailment of a school program of a
Bureau school is under active consideration or
review by any division of the Bureau or the De-
partment of the Interior, the head of the division
or the Secretary shall ensure that the affected
tribe, tribal governing body, and local school
board, are notified (in writing) immediately,
kept fully and currently informed, and afforded
an opportunity to comment with respect to such
consideration or review.
‘‘(B) FORMAL DECISION.—When the head of
any division of the Bureau or the Secretary
makes a formal decision to close, transfer to an-
other authority, consolidate, or substantially cur-
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tail a school program of a Bureau school, the
head of the division or the Secretary shall notify
(in writing) the affected tribes, tribal governing
body, and local school board at least 6 months
prior to the end of the academic year preceding
the date of the proposed action.
‘‘(C) COPIES OF NOTIFICATIONS AND INFOR-
MATION.—The Secretary shall transmit copies of
the notifications described in this paragraph
promptly to the appropriate committees of Con-
gress and publish such notifications copies in the
Federal Register.
‘‘(5) REPORT.—
‘‘(A) IN
GENERAL.—The Secretary shall
submit a report to the appropriate committees of
Congress, the affected tribal governing body and
the designated local school board, describing the
process of the active consideration or review re-
ferred to in paragraph (4).
‘‘(B) CONTENTS.—The report shall include
the results of a study of the impact of the action
under consideration or review on the student
population of the school involved, identify those
students at the school with particular edu-
cational and social needs, and ensure that alter-
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native services are available to such students.
Such report shall include a description of con-
sultation conducted between the potential service
provider and current service provider of such
services, parents, tribal representatives, the tribe
involved, and the Director regarding such stu-
dents.
‘‘(6) LIMITATION ON CERTAIN ACTIONS.—No ir-
reversible action may be taken to further any pro-
posed school closure, transfer to another authority,
consolidation, or substantial curtailment described in
this subsection concerning a school (including any ac-
tion that would prejudice the personnel or programs
of such school) prior to the end of the first full aca-
demic year after the report described in paragraph
(5) is submitted.
‘‘(7) TRIBAL
GOVERNING
BODY
APPROVAL
RE-
QUIRED FOR CERTAIN ACTIONS.—The Secretary may
terminate, contract, transfer to any other authority,
consolidate, or substantially curtail the operation or
facilities of—
‘‘(A) any Bureau funded school that is oper-
ated on or after January 1, 1999;
‘‘(B) any program of such a school that is
operated on or after January 1, 1999; or
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‘‘(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 for the school in-
volved approves such action.
‘‘(e) APPLICATION FOR CONTRACTS OR GRANTS FOR
NON-BUREAU FUNDED SCHOOLS OR EXPANSION OF BU-
REAU FUNDED SCHOOLS.—
‘‘(1) IN GENERAL.—
‘‘(A) APPLICATIONS.—
‘‘(i) TRIBES; SCHOOL
BOARDS.—The
Secretary shall only consider the factors de-
scribed 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 fund-
ed school; and
‘‘(II) applications from any tribe
or school board associated with any
Bureau funded school for the awarding
of a contract or grant for the expan-
sion of a Bureau funded school that
would increase the amount of funds re-
ceived by the tribe or school board
under section 1126.
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‘‘(ii) LIMITATION.—With respect to ap-
plications described in this subparagraph,
the Secretary shall give consideration to all
the factors described in subparagraph (B),
but no such application shall be denied
based primarily upon the geographic prox-
imity of comparable public education.
‘‘(B) FACTORS.—With respect to applica-
tions described in subparagraph (A) the Sec-
retary shall consider the following factors relat-
ing to the program and services that are the sub-
ject of the application:
‘‘(i) The adequacy of existing facilities
to support the proposed program and serv-
ices or the applicant’s ability to obtain or
provide adequate facilities.
‘‘(ii) Geographic and demographic fac-
tors in the affected areas.
‘‘(iii) The adequacy of the applicant’s
program plans or, in the case of a Bureau
funded school, of a projected needs analysis
conducted either by the tribe or the Bureau.
‘‘(iv) Geographic proximity of com-
parable public education.
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‘‘(v) The stated needs of all affected
parties, including students, families, tribal
governing bodies at both the central and
local levels, and school organizations.
‘‘(vi) Adequacy and comparability of
programs and services already available.
‘‘(vii) Consistency of the proposed pro-
gram and services with tribal educational
codes or tribal legislation on education.
‘‘(viii) The history and success of these
services for the proposed population to be
served, as determined from all factors, in-
cluding standardized examination perform-
ance.
‘‘(2) DETERMINATION ON APPLICATION.—
‘‘(A) PERIOD.—The Secretary shall make a
determination concerning whether to approve
any application described in paragraph (1)(A)
not later than 180 days after the date such ap-
plication is submitted to the Secretary.
‘‘(B) FAILURE TO MAKE DETERMINATION.—
If the Secretary fails to make the determination
with respect to an application by the date de-
scribed in subparagraph (A), the application
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shall be treated as having been approved by the
Secretary.
‘‘(3) REQUIREMENTS FOR APPLICATIONS.—
‘‘(A) APPROVAL.—Notwithstanding para-
graph (2)(B), an application described in para-
graph (1)(A) may be approved by 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 applica-
tion; and
‘‘(ii) the tribe or designated school
board involved submits written evidence of
such approval with the application.
‘‘(B) INFORMATION.—Each application de-
scribed in paragraph (1)(A) shall contain infor-
mation discussing each of the factors described in
paragraph (1)(B).
‘‘(4) DENIAL OF APPLICATIONS.—If the Secretary
denies an application described in paragraph (1)(A),
the Secretary shall—
‘‘(A) state the objections to the application
in writing to the applicant not later than 180
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days after the date the application is submitted
to the Secretary;
‘‘(B) provide assistance to the applicant to
overcome the stated objections;
‘‘(C) provide to the applicant a hearing on
the record regarding the denial, under the same
rules and regulations as apply under the Indian
Self-Determination and Education Assistance
Act; and
‘‘(D) provide to the applicant a notice of the
applicant’s appeals rights and an opportunity to
appeal the decision resulting from the hearing
under subparagraph (D).
‘‘(5) EFFECTIVE DATE OF A SUBJECT APPLICA-
TION.—
‘‘(A) IN
GENERAL.—Except as otherwise
provided in this paragraph, the action that is
the subject of any application described in para-
graph (1)(A) that is approved by the Secretary
shall become effective—
‘‘(i) on the first day of the academic
year following the fiscal year in which the
application is approved; or
‘‘(ii) on an earlier date determined by
the Secretary.
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‘‘(B) 
APPLICATION
TREATED
AS
AP-
PROVED.—If an application is treated as having
been approved by the Secretary under paragraph
(2)(B), the action that is the subject of the appli-
cation shall become effective—
‘‘(i) on the date that is 18 months after
the date on which the application is sub-
mitted to the Secretary; or
‘‘(ii) on an earlier date determined by
the Secretary.
‘‘(6) STATUTORY
CONSTRUCTION.—Nothing in
this section, or any other provision of law, shall be
construed to preclude the expansion of grades and re-
lated facilities at a Bureau funded school, if such ex-
pansion is paid for with non-Bureau funds.
‘‘(f) JOINT ADMINISTRATION.—Administrative, trans-
portation, and program cost funds received by Bureau
funded schools, and any program from the Department of
Education or any other Federal agency for the purpose of
providing education or related services, and other funds re-
ceived for such education and related services from non-Fed-
erally funded programs, shall be apportioned and the funds
shall be retained at the school.
‘‘(g) GENERAL USE OF FUNDS.—Funds received by
Bureau funded schools from the Bureau of Indian Affairs
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and under any program from the Department of Education
or any other Federal agency for the purpose of providing
education or related services may be used for schoolwide
projects to improve the educational program of the schools
for all Indian students.
‘‘(h) STUDY
ON ADEQUACY
OF FUNDS
AND FOR-
MULAS.—
‘‘(1) STUDY.—The Comptroller General of the
United States shall conduct a study to include an
analysis of the information contained in the General
Accounting Office study evaluating and comparing
school systems of the Department of Defense and the
Bureau of Indian Affairs, in consultation with tribes
and local school boards, to determine the adequacy of
funding, and formulas used by the Bureau to deter-
mine funding, for programs operated by Bureau
funded schools, taking into account unique cir-
cumstances applicable to Bureau funded schools.
‘‘(2) FINDINGS.—On completion of the study
under paragraph (1), the Secretary shall take such
action as may be necessary to ensure distribution of
the findings of the study to the appropriate author-
izing and appropriating committees of Congress, all
affected tribes, local school boards, and associations of
local school boards.
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‘‘SEC. 1122. NATIONAL STANDARDS FOR HOME LIVING SITU-
ATIONS.
‘‘(a) IN GENERAL.—The Secretary, in accordance with
section 1136, shall revise the national standards for home-
living (dormitory) situations to include such factors as
heating, lighting, cooling, adult-child ratios, need for coun-
selors (including special needs related to off-reservation
home-living (dormitory) situations), therapeutic programs,
space, and privacy. Such standards shall be implemented
in Bureau schools. Any subsequent revisions shall also be
in accordance with such section 1136.
‘‘(b) IMPLEMENTATION.—The Secretary shall imple-
ment the revised standards established under this section
immediately upon their issuance.
‘‘(c) PLAN.—
‘‘(1) IN GENERAL.—Upon the submission of each
annual budget request for Bureau educational services
(as contained in the President’s annual budget re-
quest under section 1105 of title 31, United States
Code), the Secretary shall submit to the appropriate
committees of Congress, the tribes, and the affected
schools, and publish in the Federal Register, a de-
tailed plan to bring all Bureau funded schools that
have dormitories or provide home-living (dormitory)
situations into compliance with the standards estab-
lished under this section.
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‘‘(2) CONTENTS.—Each plan under paragraph
(1) shall include—
‘‘(A) a statement of the relative needs of
each of the home-living schools and projected fu-
ture needs of each of the home-living schools;
‘‘(B) detailed information on the status of
each of the schools in relation to the standards
established under this section;
‘‘(C) specific cost estimates for meeting each
standard for each such school;
‘‘(D) aggregate cost estimates for bringing
all such schools into compliance with the stand-
ards established under this section; and
‘‘(E) specific timelines for bringing each
school into compliance with such standards.
‘‘(d) WAIVER.—
‘‘(1) IN GENERAL.—A tribal governing body or
local school board may, in accordance with this sub-
section, waive the standards established under this
section for a school described in subsection (a).
‘‘(2) INAPPROPRIATE STANDARDS.—
‘‘(A) IN
GENERAL.—A tribal governing
body, or the local school board so designated by
the tribal governing body, may waive, in whole
or in part, the standards established under this
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section if such standards are determined by such
body or board to be inappropriate for the needs
of students from that tribe.
‘‘(B) ALTERNATIVE STANDARDS.—The trib-
al governing body or school board involved shall,
not later than 60 days after providing a waiver
under subparagraph (A) for a school, submit to
the Director 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 Director for the school in-
volved unless specifically rejected by the Director
for good cause and in writing provided to the af-
fected tribes or local school board.
‘‘(e) CLOSURE FOR FAILURE TO MEET STANDARDS
PROHIBITED.—No school in operation on or before July 1,
1999 (regardless of compliance or noncompliance with the
standards established under this section), may be closed,
transferred to another authority, or consolidated, and no
program of such a school may be substantially curtailed,
because the school failed to meet such standards.
‘‘SEC. 1123. SCHOOL BOUNDARIES.
‘‘(a) ESTABLISHMENT BY SECRETARY.—Except as de-
scribed in subsection (b), the Secretary shall establish, by
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regulation, separate geographical attendance areas for each
Bureau funded school.
‘‘(b) ESTABLISHMENT BY TRIBAL BODY.—In any case
in which there is more than 1 Bureau funded school located
on a reservation of a tribe, at the direction of the tribal
governing body, the relevant school boards of the Bureau
funded schools on the reservation may, by mutual consent,
establish the boundaries of the relevant geographical attend-
ance 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.—Effective on July 1, 1999,
the Secretary may not establish or revise boundaries
of a geographical attendance area with respect to any
Bureau funded school unless the tribal governing body
concerned and the school board concerned has been
afforded—
‘‘(A) at least 6 months notice of the inten-
tion of the Secretary to establish or revise such
boundaries; and
‘‘(B) the opportunity to propose alternative
boundaries.
‘‘(2) PETITIONS.—Any tribe may submit a peti-
tion to the Secretary requesting a revision of the geo-
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graphical attendance area boundaries referred to in
paragraph (1).
‘‘(3) BOUNDARIES.—The Secretary shall accept
proposed alternative boundaries described in para-
graph (1)(B) or revised boundaries described in a pe-
tition submitted under paragraph (2) unless the Sec-
retary finds, after consultation with the affected tribe,
that such alternative or revised boundaries do not re-
flect the needs of the Indian students to be served or
do not provide adequate stability to all of the affected
programs. On accepting the boundaries, the Secretary
shall publish information describing the boundaries
in the Federal Register.
‘‘(4) 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 a choice of the Bureau funded school their
child may attend, regardless of the geographical at-
tendance area boundaries established under this sec-
tion.
‘‘(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-
dent’s home or domicile is outside of the boundaries of the
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geographical attendance area established for that school
under this section. No funding shall be made available for
transportation without tribal authorization to enable the
school to provide transportation for any student to or from
the school and a location outside the approved attendance
area of the school.
‘‘(e) RESERVATION AS BOUNDARY.—In any case in
which there is only 1 Bureau funded school located on a
reservation, the boundaries of the geographical attendance
area for the school shall be the boundaries (as established
by treaty, agreement, legislation, court decision, or execu-
tive decision and as accepted by the tribe involved) of the
reservation served, and those students residing near the res-
ervation shall also receive services from such school.
‘‘(f) OFF-RESERVATION HOME-LIVING SCHOOLS.—
Notwithstanding the boundaries of the geographical attend-
ance areas established under this section, each Bureau fund-
ed school that is an off-reservation home-living school shall
implement special emphasis programs and permit the at-
tendance of students requiring the programs. The programs
provided for such students shall be coordinated among edu-
cation line officers, the families of the students, the schools,
and the entities operating programs that referred the stu-
dents to the schools.
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‘‘SEC. 1124. FACILITIES CONSTRUCTION.
‘‘(a) NATIONAL
SURVEY
OF
FACILITIES
CONDI-
TIONS.—
‘‘(1) IN GENERAL.—Not later than 12 months
after the date of enactment of the Native American
Education Improvement Act of 2001, the General Ac-
counting Office shall compile, collect, and secure the
data that is needed to prepare a national survey of
the physical conditions of all Bureau funded school
facilities.
‘‘(2) DATA AND METHODOLOGIES.—In preparing
the national survey required under paragraph (1), the
General Accounting Office shall use the following data
and methodologies:
‘‘(A) The existing Department of Defense
formula for determining the condition and ade-
quacy of Department of Defense facilities.
‘‘(B) Data related to conditions of Bureau
funded schools that has previously been compiled,
collected, or secured from whatever source derived
so long as the data is relevant, timely, and nec-
essary to the survey.
‘‘(C) The methodologies of the American In-
stitute of Architects, or other accredited and rep-
utable architecture or engineering associations.
‘‘(3) CONSULTATIONS.—
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‘‘(A) IN
GENERAL.—In carrying out the
survey required under paragraph (1), the Gen-
eral Accounting Office shall, to the maximum ex-
tent practicable, consult (and if necessary con-
tract) with national, regional, and tribal Indian
education organizations to ensure that a com-
plete and accurate national survey is achieved.
‘‘(B) REQUESTS
FOR
INFORMATION.—All
Bureau funded schools shall comply with reason-
able requests for information by the General Ac-
counting Office and shall respond to such re-
quests in a timely fashion.
‘‘(4) SUBMISSION TO CONGRESS.—Not later than
24 months after the date of enactment of the Native
American Education Improvement Act of 2001, the
General Accounting Office shall submit the results of
the national survey conducted under paragraph (1) to
the Committee on Indian Affairs and Committee on
Appropriations of the Senate, and the Committee on
Resources, Committee on Education and the Work-
force, and Committee on Appropriations of the House
and to the Secretary, who, in turn shall submit the
results of the national survey to school boards of Bu-
reau-funded schools and their respective Tribes.
‘‘(5) NEGOTIATED RULEMAKING COMMITTEE.—
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‘‘(A) IN
GENERAL.—Not later than 6
months after the date on which the submission is
made under paragraph (4), the Secretary shall
establish a negotiated rule making committee
pursuant to section 1136(c). The negotiated rule-
making committee shall prepare and submit to
the Secretary the following:
‘‘(i) A catalogue of the condition of
school facilities at all Bureau funded schools
that—
‘‘(I) incorporates the findings
from the General Accounting Office
study evaluating and comparing school
systems of the Department of Defense
and the Bureau of Indian Affairs;
‘‘(II) rates such facilities with re-
spect to the rate of deterioration and
useful life of structures and major sys-
tems;
‘‘(III) establishes a routine main-
tenance schedule for each facility;
‘‘(IV) identifies the complemen-
tary educational facilities that do not
exist but that are needed; and
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‘‘(V) makes projections on the
amount of funds needed to keep each
school viable, consistent with the ac-
creditation standards required pursu-
ant to this Act.
‘‘(ii) A school replacement and new
construction report that determines replace-
ment and new construction need, and a for-
mula for the equitable distribution of funds
to address such need, for Bureau funded
schools. Such formula shall utilize necessary
factors in determining an equitable dis-
tribution of funds, including—
‘‘(I) the size of school;
‘‘(II) school enrollment;
‘‘(III) the age of the school;
‘‘(IV) the condition of the school;
‘‘(V) environmental factors at the
school; and
‘‘(VI) school isolation.
‘‘(iii) A renovation repairs report that
determines renovation need (major and
minor), and a formula for the equitable dis-
tribution of funds to address such need, for
Bureau funded schools. Such report shall
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identify needed repairs or renovations with
respect to a facility, or a part of a facility,
or the grounds of the facility, to remedy a
need based on disabilities access or health
and safety changes to a facility. The for-
mula developed shall utilize necessary fac-
tors in determining an equitable distribu-
tion of funds, including the factors described
in subparagraph (B).
‘‘(B) SUBMISSION OF REPORTS.—Not later
than 24 months after the negotiated rulemaking
committee is established under subparagraph
(A), the reports described in clauses (ii) and (iii)
of subparagraph (A) shall be submitted to the
committees of Congress referred to in paragraph
(4), the national and regional Indian education
organizations, and to all school boards of Bu-
reau-funded schools and their respective Tribes.
‘‘(6) FACILITIES
INFORMATION
SYSTEMS
SUP-
PORT DATABASE.—The Secretary shall develop a Fa-
cilities Information Systems Support Database to
maintain and update the information contained in
the reports under clauses (ii) and (iii) of paragraph
(5)(A) and the information contained in the survey
conducted under paragraph (1). The system shall be
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updated every 3 years by the Bureau of Indian Af-
fairs and monitored by General Accounting Office,
and shall be made available to school boards of Bu-
reau-funded schools and their respective Tribes, and
Congress.
‘‘(b) COMPLIANCE WITH HEALTH AND SAFETY STAND-
ARDS.—The Secretary shall immediately begin to bring all
schools, dormitories, and other Indian education-related fa-
cilities operated by the Bureau or under contract or grant
with the Bureau into compliance with all applicable tribal,
Federal, or State health and safety standards, whichever
provides greater protection (except that the tribal standards
to be applied shall be no greater than any otherwise appli-
cable Federal or State standards), with section 504 of the
Rehabilitation Act of 1973, and with the Americans with
Disabilities Act of 1990. Nothing in this section shall re-
quire termination of the operations of any facility which
does not comply with such provisions and which is in use
on the date of the enactment of the Native American Edu-
cation Improvement Act of 2001.
‘‘(c) COMPLIANCE PLAN.—At the time 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 facilities covered
under subsection (b) of this section into compliance with
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the standards referred to in subsection (b). Such plan shall
include detailed information on the status of each facility’s
compliance with such standards, specific cost estimates for
meeting such standards at each school, and specific
timelines for bringing each school into compliance with
such standards.
‘‘(d) CONSTRUCTION PRIORITIES.—
‘‘(1) SYSTEM TO ESTABLISH PRIORITIES.—The
Secretary shall annually prepare and submit to the
appropriate committees of Congress, and publish in
the Federal Register, information describing the sys-
tem used by the Secretary to establish priorities for
replacement and construction projects for Bureau
funded schools and home-living schools, including
boarding schools, and dormitories. On making each
budget request described in subsection (c), the Sec-
retary shall publish in the Federal Register and sub-
mit with the budget request a list of all of the Bureau
funded school construction priorities, as described in
paragraph (2).
‘‘(2) LONG-TERM CONSTRUCTION AND REPLACE-
MENT LIST.—In addition to submitting the plan de-
scribed in subsection (c), the Secretary shall—
‘‘(A) not later than 18 months after the date
of enactment of the Native American Education
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Improvement Act of 2001, establish a long-term
construction and replacement priority list for all
Bureau funded schools;
‘‘(B) using the list prepared under subpara-
graph (A), propose a list for the orderly replace-
ment of all Bureau funded education-related fa-
cilities over a period of 40 years to facilitate
planning and scheduling of budget requests;
‘‘(C) publish the list prepared under sub-
paragraph (B) in the Federal Register and allow
a period of not less than 120 days for public
comment;
‘‘(D) make such revisions to the list pre-
pared under subparagraph (B) as are appro-
priate based on the comments received; and
‘‘(E) publish a final list in the Federal Reg-
ister.
‘‘(3) EFFECT ON OTHER LIST.—Nothing in this
section shall be construed as interfering with or
changing in any way the construction and replace-
ment priority list established by the Secretary, as the
list exists on the date of enactment of the Native
American Education Improvement Act of 2001.
‘‘(e) HAZARDOUS CONDITION
AT BUREAU FUNDED
SCHOOL.—
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‘‘(1) CLOSURE, CONSOLIDATION, OR
CURTAIL-
MENT.—
‘‘(A) IN GENERAL.—A Bureau funded school
may be closed or consolidated, and the programs
of a Bureau funded school may be substantially
curtailed by reason of facility conditions that
constitute an immediate hazard to health and
safety only if a health and safety officer of the
Bureau and an individual designated by the
tribe involved under subparagraph (B), deter-
mine that such conditions exist at a facility of
the Bureau funded school.
‘‘(B) DESIGNATION
OF
INDIVIDUAL
BY
TRIBE.—To be designated by a tribe for purposes
of subparagraph (A), an individual shall—
‘‘(i) be a licensed or certified facilities
safety inspector;
‘‘(ii) have demonstrated experience in
the inspection of facilities for health and
safety purposes with respect to occupancy;
or
‘‘(iii) have a significant educational
background in the health and safety of fa-
cilities with respect to occupancy.
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‘‘(C) INSPECTION.—In making a determina-
tion described in subparagraph (A), the Bureau
health and safety officer and the individual des-
ignated by the tribe shall conduct an inspection
of the conditions of such facility in order to de-
termine whether conditions at such facility con-
stitute an immediate hazard to health and safe-
ty.
‘‘(D) FAILURE TO CONCUR.—If the Bureau
health and safety officer, and the individual des-
ignated by the tribe, conducting the inspection of
a facility required under subparagraph (A) do
not concur that conditions at the facility con-
stitute an immediate hazard to health and safe-
ty, such officer and individual shall immediately
notify the tribal governing body and provide
written information related to their determina-
tions.
‘‘(E) CONSIDERATION
BY
TRIBAL
GOV-
ERNING BODY.—Not later than 10 days after a
tribal governing body received notice under sub-
paragraph (D), the tribal governing body shall
consider all information related to the deter-
minations of the Bureau health and safety officer
and the individual designated by the tribe and
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make a determination regarding the closure, con-
solidation, or curtailment involved.
‘‘(F) AGREEMENT TO CLOSE, CONSOLIDATE,
OR CURTAIL.—If the Bureau health and safety
officer, and the individual designated by the
tribe, conducting the inspection of a facility re-
quired under subparagraph (A), concur that con-
ditions at the facility constitute an immediate
hazard to health and safety, or if the tribal gov-
erning body makes such a determination under
subparagraph (E) the facility involved shall be
closed immediately.
‘‘(G) GENERAL
CLOSURE
REPORT.—If a
Bureau funded school is temporarily closed or
consolidated or the programs of a Bureau funded
school are temporarily substantially curtailed
under this subsection and the Secretary deter-
mines that the closure, consolidation, or curtail-
ment will exceed 1 year, the Secretary shall sub-
mit to the appropriate committees of Congress,
the affected tribe, and the local school board, not
later than 3 months after the date on which the
closure, consolidation, or curtailment was initi-
ated, a report that specifies—
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‘‘(i) the reasons for such temporary ac-
tion;
‘‘(ii) the actions the Secretary is tak-
ing to eliminate the conditions that con-
stitute the hazard;
‘‘(iii) an estimated date by which the
actions described in clause (ii) will be con-
cluded; and
‘‘(iv) a plan for providing alternate
education services for students enrolled at
the school that is to be closed.
‘‘(2) NONAPPLICATION OF CERTAIN STANDARDS
FOR TEMPORARY FACILITY USE.—
‘‘(A) CLASSROOM
ACTIVITIES.—The Sec-
retary shall permit the local school board to tem-
porarily utilize facilities adjacent to the school,
or satellite facilities, if such facilities are suit-
able for conducting classroom activities. In per-
mitting the use of facilities under the preceding
sentence, the Secretary may waive applicable
minor standards under section 1121 relating to
such facilities (such as the required number of
exit lights or configuration of restrooms) so long
as such waivers do not result in the creation of
an environment that constitutes an immediate
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and substantial threat to the health, safety, and
life of students and staff.
‘‘(B) 
ADMINISTRATIVE
ACTIVITIES.—The
provisions of subparagraph (A) shall apply with
respect to administrative personnel if the facili-
ties involved are suitable for activities performed
by such personnel.
‘‘(C) TEMPORARY.—In this paragraph, the
term ‘temporary’ means—
‘‘(i) with respect to a school that is to
be closed for not more than 1 year, 3
months or less; and
‘‘(ii) with respect to a school that is to
be closed for not less than 1 year, a time pe-
riod determined appropriate by the Bureau.
‘‘(3) TREATMENT OF CLOSURE.—Any closure of
a Bureau funded school under this subsection for a
period that exceeds 1 month but is less than 1 year,
shall be treated by the Bureau as an emergency facil-
ity improvement and repair project.
‘‘(4) USE OF FUNDS.—With respect to a Bureau
funded school that is closed under this subsection, the
tribal governing body, or the designated local school
board of each Bureau funded school, involved may au-
thorize the use of funds allocated pursuant to section
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1126, to abate the hazardous conditions without fur-
ther action by Congress.
‘‘(f) FUNDING REQUIREMENT.—
‘‘(1) DISTRIBUTION OF FUNDS.—Beginning with
the first fiscal year following the date of enactment of
the Native American Education Improvement Act of
2001, all funds appropriated to the budget accounts
for the operations and maintenance of Bureau funded
schools shall be distributed by formula to the schools.
No funds from these accounts may be retained or seg-
regated by the Bureau to pay for administrative or
other costs of any facilities branch or office, at any
level of the Bureau.
‘‘(2) REQUIREMENTS FOR CERTAIN USES.—
‘‘(A) AGREEMENT.—The Secretary shall not
withhold funds that would be distributed under
paragraph (1) to any grant or contract school,
in order to use the funds for maintenance or any
other facilities or road-related purposes, unless
such school—
‘‘(i) has consented to the withholding of
such funds, including the amount of the
funds, the purpose for which the funds will
be used, and the timeline for the services to
be provided with the funds; and
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‘‘(ii) has provided the consent by enter-
ing into an agreement that is—
‘‘(I) a modification to the con-
tract; and
‘‘(II) in writing (in the case of a
school that receives a grant).
‘‘(B) CANCELLATION.—The school may, at
the end of any fiscal year, cancel an agreement
entered into under this paragraph, on giving the
Bureau 30 days notice of the intent of the school
to cancel the agreement.
‘‘(g) NO REDUCTION IN FEDERAL FUNDING.—Nothing
in this section shall be construed to reduce any Federal
funding for a school because the school received funding for
facilities improvement or construction from a State or any
other source.
‘‘SEC. 1125. BUREAU OF INDIAN AFFAIRS EDUCATION FUNC-
TIONS.
‘‘(a) FORMULATION AND ESTABLISHMENT OF POLICY
AND PROCEDURE; SUPERVISION OF PROGRAMS AND EX-
PENDITURES.—The Secretary shall vest in the Assistant
Secretary for Indian Affairs all functions with respect to
formulation and establishment of policy and procedure, and
supervision of programs and expenditures of Federal funds
for the purpose of Indian education administered by the
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Bureau. The Assistant Secretary shall carry out such func-
tions through the Director of the Office of Indian Education
Programs.
‘‘(b) DIRECTION AND SUPERVISION OF PERSONNEL
OPERATIONS.—
‘‘(1) IN
GENERAL.—Not later than 6 months
after the date of the enactment of the Native Amer-
ican Education Improvement Act of 2001, the Direc-
tor of the Office shall direct and supervise the oper-
ations of all personnel directly and substantially in-
volved in the provision of education program services
by the Bureau, including school or institution custo-
dial or maintenance personnel, and personnel respon-
sible for contracting, a procurement, and finance
functions connected with school operation programs.
‘‘(2) TRANSFERS.—The Assistant Secretary for
Indian Affairs shall, not later than 6 months after the
date of enactment of the Native American Education
Improvement Act of 2001, coordinate the transfer of
functions relating to procurements for, contracts of,
operation of, and maintenance of schools and other
support functions to the Director.
‘‘(c) INHERENT FEDERAL FUNCTION.—For purposes of
this Act, all functions relating to education that are located
at the Area or Agency level and performed by an education
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line officer shall be subject to contract under the Indian
Self-Determination and Education Assistance Act, unless
determined by the Secretary to be inherently Federal func-
tions as defined in section 1139(9).
‘‘(d) EVALUATION OF PROGRAMS; SERVICES AND SUP-
PORT FUNCTIONS; TECHNICAL AND COORDINATION ASSIST-
ANCE.—Education personnel who are under the direction
and supervision of the Director of the Office in accordance
with subsection (b)(1) shall—
‘‘(1) monitor and evaluate Bureau education
programs;
‘‘(2) provide all services and support functions
for education programs with respect to personnel mat-
ters involving staffing actions and functions; and
‘‘(3) provide technical and coordination assist-
ance in areas such as procurement, contracting, budg-
eting, personnel, curricula, and operation and main-
tenance of school facilities.
‘‘(e) CONSTRUCTION, IMPROVEMENT, OPERATION, AND
MAINTENANCE OF FACILITIES.—
‘‘(1) PLAN FOR CONSTRUCTION.—The Assistant
Secretary for Indian Affairs shall submit as part of
the annual budget request for educational services (as
contained in the President’s annual budget request
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under section 1105 of title 31, United States Code) a
plan—
‘‘(A) for the construction of school facilities
in accordance with section 1124(d);
‘‘(B) for the improvement and repair of
education facilities and for establishing prior-
ities among the improvement and repair projects
involved, which together shall form the basis for
the distribution of appropriated funds; and
‘‘(C) for capital improvements to education
facilities to be made over the 5 years succeeding
the year covered by the plan.
‘‘(2) PROGRAM
FOR
OPERATION
AND
MAINTE-
NANCE.—
‘‘(A) IN GENERAL.—
‘‘(i) PROGRAM.—The Assistant Sec-
retary shall establish a program, including
a program for the distribution of funds ap-
propriated under this part, for the oper-
ation and maintenance of education facili-
ties. Such program shall include—
‘‘(I) a method of computing the
amount necessary for the operation
and maintenance of each education fa-
cility;
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‘‘(II) a requirement of similar
treatment of all Bureau funded schools;
‘‘(III) a notice of an allocation of
the appropriated funds from the Direc-
tor of the Office directly to the appro-
priate education line officers and
school officials;
‘‘(IV) a method for determining
the need for, and priority of, facilities
improvement and repair projects, both
major and minor; and
‘‘(V) a system for conducting rou-
tine preventive maintenance.
‘‘(ii) MEETINGS.—In making the deter-
mination referred to in clause (i)(IV), the
Assistant Secretary shall cause a series of
meetings to be conducted at the area and
agency level with representatives of the Bu-
reau funded schools in the corresponding
areas and served by corresponding agencies,
to receive comment on the projects described
in clause (i)(IV) and prioritization of such
projects.
‘‘(B) MAINTENANCE.—The appropriate edu-
cation line officers shall make arrangements for
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the maintenance of the education facilities with
the local supervisors of the Bureau maintenance
personnel. The local supervisors of Bureau main-
tenance personnel shall take appropriate action
to implement the decisions made by the appro-
priate education line officers. No funds made
available under this part may be authorized for
expenditure for maintenance of such an edu-
cation facility unless the appropriate education
line officer is assured that the necessary mainte-
nance has been, or will be, provided in a reason-
able manner.
‘‘(3) IMPLEMENTATION.—The requirements of
this subsection shall be implemented as soon as prac-
ticable after the date of enactment of the Native
American Education Improvement Act of 2001.
‘‘(f) ACCEPTANCE OF GIFTS AND BEQUESTS.—
‘‘(1) GUIDELINES.—Notwithstanding any other
provision of law, the Director of the Office shall pro-
mulgate guidelines for the establishment and adminis-
tration of mechanisms for the acceptance of gifts and
bequests for the use and benefit of particular schools
or designated Bureau operated education programs,
including, in appropriate cases, the establishment and
administration of trust funds.
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‘‘(2) MONITORING
AND
REPORTS.—Except as
provided in paragraph (3), in a case in which a Bu-
reau operated education program is the beneficiary of
such a gift or bequest, the Director shall—
‘‘(A) make provisions for monitoring use of
the gift or bequest; and
‘‘(B) submit a report to the appropriate
committees of Congress that describes the amount
and terms of such gift or bequest, the manner in
which such gift or bequest shall be used, and any
results achieved by such use.
‘‘(3) EXCEPTION.—The requirements of para-
graph (2) shall not apply in the case of a gift or be-
quest that is valued at $5,000 or less.
‘‘(g) FUNCTIONS CLARIFIED.—In this section, the term
‘functions’ includes powers and duties.
‘‘SEC. 1126. ALLOTMENT FORMULA.
‘‘(a) FACTORS CONSIDERED; REVISION TO REFLECT
STANDARDS.—
‘‘(1) FORMULA.—The Secretary shall establish,
by regulation adopted in accordance with section
1136, a formula for determining the minimum an-
nual amount of funds necessary to operate each Bu-
reau funded school. In establishing such formula, the
Secretary shall consider—
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‘‘(A) the number of eligible Indian students
served by the school and the total student popu-
lation of the school;
‘‘(B) special cost factors, such as—
‘‘(i) the isolation of the school;
‘‘(ii) the need for special staffing,
transportation, or educational programs;
‘‘(iii) food and housing costs;
‘‘(iv) maintenance and repair costs as-
sociated with the physical condition of the
educational facilities;
‘‘(v) special transportation and other
costs of an isolated or small school;
‘‘(vi) the costs of home-living (dor-
mitory) arrangements, where determined
necessary by a tribal governing body or des-
ignated school board;
‘‘(vii) costs associated with greater
lengths of service by education personnel;
‘‘(viii) the costs of therapeutic pro-
grams for students requiring such programs;
and
‘‘(ix) special costs for gifted and tal-
ented students;
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‘‘(C) the costs of providing academic serv-
ices that are at least equivalent to the services
provided by public schools in the State in which
the school is located;
‘‘(D) whether the available funding will en-
able the school involved to comply with the ac-
creditation standards applicable to the school
under section 1121; and
‘‘(E) such other relevant factors as the Sec-
retary determines are appropriate including the
information contained in the General Accounting
Office study evaluating and comparing school
systems of the Department of Defense and the
Bureau of Indian Affairs.
‘‘(2) REVISION OF FORMULA.—On the establish-
ment of the standards required in section 1122, the
Secretary shall—
‘‘(A) revise the formula established under
paragraph (1) to reflect the cost of compliance
with such standards; and
‘‘(B)(i) after the formula has been estab-
lished under paragraph (1), take such action as
may be necessary to increase the availability of
counseling and therapeutic programs for students
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in off-reservation home-living schools and other
Bureau operated residential facilities; and
‘‘(ii) concurrently with any actions taken
under clause (i), review the standards established
under section 1122 to ensure that such standards
adequately provide for parental notification re-
garding, and consent for, such counseling and
therapeutic programs.
‘‘(b) PRO RATA ALLOTMENT.—Notwithstanding any
other provision of law, Federal funds appropriated for the
general local operation of Bureau funded schools shall be
allotted on a pro rata basis in accordance with the formula
established under subsection (a).
‘‘(c) ANNUAL ADJUSTMENT; RESERVATION OF AMOUNT
FOR SCHOOL BOARD ACTIVITIES.—
‘‘(1) ANNUAL ADJUSTMENT.—
‘‘(A) IN GENERAL.—For fiscal year 2002,
and for each subsequent fiscal year, the Secretary
shall adjust the formula established under sub-
section (a) to—
‘‘(i) use a weighted factor of 1.2 for
each eligible Indian student enrolled in the
seventh and eighth grades of the school in
considering the number of eligible Indian
students served by the school;
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‘‘(ii) consider a school with an enroll-
ment of fewer than 50 eligible Indian stu-
dents as having an average daily attend-
ance of 50 eligible Indian students for pur-
poses of implementing the adjustment factor
for small schools;
‘‘(iii) take into account the provision
of residential services on less than a 9-
month basis at a school in a case in which
the school board and supervisor of the school
determine that the school will provide the
services for fewer than 9 months for the aca-
demic year involved;
‘‘(iv) use a weighted factor of 2.0 for
each eligible Indian student that—
‘‘(I) is gifted and talented; and
‘‘(II) is enrolled in the school on
a full-time basis,
in considering the number of eligible Indian
students served by the school; and
‘‘(v) use a weighted factor of 0.25 for
each eligible Indian student who is enrolled
in a year long credit course in an Indian
or Native language as part of the regular
curriculum of a school, in considering the
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number of eligible Indian students served by
such school.
‘‘(B) TIMING.—The Secretary shall make
the adjustment required under subparagraph
(A)(v) for such school after—
‘‘(i) the school board of such school pro-
vides a certification of the Indian or Native
language curriculum of the school to the
Secretary, together with an estimate of the
number of full-time students expected to be
enrolled in the curriculum in the second
academic year after the academic year for
which the certification is made; and
‘‘(ii) the funds appropriated for allot-
ments under this section are designated, in
the appropriations Act appropriating such
funds, as the funds necessary to implement
such adjustment at such school without re-
ducing an allotment made under this sec-
tion to any school by virtue of such adjust-
ment.
‘‘(2) RESERVATION OF AMOUNT.—
‘‘(A) IN GENERAL.—From the funds allotted
in accordance with the formula established under
subsection (a) for each Bureau school, the local
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school board of such school may reserve an
amount which does not exceed the greater of—
‘‘(i) $8,000; or
‘‘(ii) the lesser of—
‘‘(I) $15,000; or
‘‘(II) 1 percent of such allotted
funds,
for school board activities for such school, includ-
ing (notwithstanding any other provision of law)
meeting expenses and the cost of membership in,
and support of, organizations engaged in activi-
ties on behalf of Indian education.
‘‘(B) TRAINING.—Each local school board,
and any agency school board that serves as a
local school board for any grant or contract
school, shall ensure that each individual who is
a new member of the school board receives, with-
in 12 months after the individual becomes a
member of the school board, 40 hours of training
relevant to that individual’s service on the board.
Such training may include training concerning
legal issues pertaining to Bureau funded schools,
legal issues pertaining to school boards, ethics,
and other topics determined to be appropriate by
the school board. The training described in this
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subparagraph shall not be required but is rec-
ommended for a tribal governing body that
serves in the capacity of a school board.
‘‘(d) RESERVATION OF AMOUNT FOR EMERGENCIES.—
‘‘(1) IN GENERAL.—The Secretary shall reserve
from the funds available for allotment for each fiscal
year under this section an amount that, in the aggre-
gate, equals 1 percent of the funds available for allot-
ment for that fiscal year.
‘‘(2) USE OF FUNDS.—Amounts reserved under
paragraph (1) shall be used, at the discretion of the
Director of the Office, to meet emergencies and unfore-
seen contingencies affecting the education programs
funded under this section. Funds reserved under this
subsection may only be expended for education serv-
ices or programs, including emergency repairs of edu-
cation facilities, at a school site (as defined in section
5204(c)(2) of the Tribally Controlled Schools Act of
1988).
‘‘(3) FUNDS REMAINING AVAILABLE.—Funds re-
served under this subsection shall remain available
without fiscal year limitation until expended. The ag-
gregate amount of such funds, from all fiscal years,
that is available for expenditure in a fiscal year may
not exceed an amount equal to 1 percent of the funds
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available for allotment under this section for that fis-
cal year.
‘‘(4) REPORTS.—If the Secretary makes funds
available under this subsection, the Secretary shall
submit a report describing such action to the appro-
priate committees of Congress as part of the Presi-
dent’s next annual budget request under section 1105
of title 31, United States Code.
‘‘(e) SUPPLEMENTAL APPROPRIATIONS.—Any funds
provided in a supplemental appropriations Act to meet in-
creased pay costs attributable to school level personnel of
Bureau funded schools shall be allotted under this section.
‘‘(f) ELIGIBLE INDIAN STUDENT DEFINED.—In this
section, the term ‘eligible Indian student’ means a student
who—
‘‘(1) is a member of, or is at least 1⁄4 degree In-
dian blood descendant of a member of, a tribe that is
eligible for the special programs and services provided
by the United States through the Bureau to Indians
because of their status as Indians;
‘‘(2) resides on or near a reservation or meets the
criteria for attendance at a Bureau off-reservation
home-living school; and
‘‘(3) is enrolled in a Bureau funded school.
‘‘(g) TUITION.—
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‘‘(1) IN GENERAL.—A Bureau school or contract
or grant school may not charge an eligible Indian
student tuition for attendance at the school. A Bureau
school may not charge a student attending the school
under the circumstances described in paragraph
(2)(B) tuition for attendance at the school.
‘‘(2) ATTENDANCE OF NON-INDIAN STUDENTS AT
BUREAU SCHOOLS.—The Secretary may permit the
attendance at a Bureau school of a student who is not
an eligible Indian student if—
‘‘(A)(i) the Secretary determines that the
student’s attendance will not adversely affect the
school’s program for eligible Indian students be-
cause of cost, overcrowding, or violation of stand-
ards or accreditation requirements; and
‘‘(ii) the local school board consents; and
‘‘(B)(i) the student is a dependent of a Bu-
reau, Indian Health Service, or tribal govern-
ment employee who lives on or near the school
site; or
‘‘(ii) tuition is paid for the student in an
amount that is not more than the amount of tui-
tion charged by the nearest public school district
for out-of-district students, and is paid in addi-
tion to the school’s allotment under this section.
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‘‘(3) ATTENDANCE OF NON-INDIAN STUDENTS AT
CONTRACT AND GRANT SCHOOLS.—The school board of
a contract or grant school may permit students who
are not eligible Indian students to attend the contract
or grant school. Any tuition collected for those stu-
dents shall be in addition to the amount the school re-
ceived under this section.
‘‘(h) FUNDS AVAILABLE WITHOUT FISCAL YEAR LIMI-
TATION.—Notwithstanding any other provision of law, at
the election of the local school board of a Bureau school
made at any time during a fiscal year, a portion equal
to not more than 15 percent of the funds allotted for the
school under this section for the fiscal year shall remain
available to the school for expenditure without fiscal year
limitation. The Assistant Secretary for Indian Affairs shall
take such steps as may be necessary to implement this sub-
section.
‘‘(i) STUDENTS
AT RICHFIELD DORMITORY, RICH-
FIELD, UTAH.—Tuition for the instruction of each out-of-
State Indian student in a home-living situation at the
Richfield dormitory in Richfield, Utah, who attends Sevier
County high schools in Richfield, Utah, for an academic
year, shall be paid from Indian school equalization pro-
gram funds authorized in this section and section 1129, at
a rate not to exceed the weighted amount provided for under
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subsection (b) for a student for that year. No additional
administrative cost funds shall be provided under this part
to pay for administrative costs relating to the instruction
of the students.
‘‘SEC. 1127. ADMINISTRATIVE COST GRANTS.
‘‘(a) DEFINITIONS.—In this section:
‘‘(1) ADMINISTRATIVE COST.—
‘‘(A) IN GENERAL.—The term ‘administra-
tive cost’ means the cost of necessary administra-
tive functions which—
‘‘(i) the tribe or tribal organization incurs
as a result of operating a tribal elementary or
secondary educational program;
‘‘(ii) are not customarily paid by com-
parable Bureau operated programs out of direct
program funds; and
‘‘(iii) are either—
‘‘(I) normally provided for comparable
Bureau programs by Federal officials using
resources other than Bureau direct program
funds; or
‘‘(II) are otherwise required of tribal
self-determination program operators by
law or prudent management practice.
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‘‘(B) INCLUSIONS.—The term ‘administra-
tive cost’ may include—
‘‘(i) contract or grant (or other agreement)
administration;
‘‘(ii) executive, policy, and corporate leader-
ship and decisionmaking;
‘‘(iii) program planning, development, and
management;
‘‘(iv) fiscal, personnel, property, and pro-
curement management;
‘‘(v) related office services and record keep-
ing; and
‘‘(vi) costs of necessary insurance, auditing,
legal, safety and security services.
‘‘(2) BUREAU
ELEMENTARY
AND
SECONDARY
FUNCTIONS.—The term ‘Bureau elementary and sec-
ondary functions’ means—
‘‘(A) all functions funded at Bureau schools
by the Office;
‘‘(B) all programs—
‘‘(i) funds for which are appropriated
to other agencies of the Federal Government;
and
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school unless the provision of law authorizing
such requirement specifies that such requirement
applies to such a school.
‘‘(B) LIMITATION.—In considering an ap-
plication from a Bureau funded school for par-
ticipation in a program or project that has a re-
quirement described in subparagraph (A), the
entity administering such program or project or
awarding such grant shall not give positive or
negative weight to such application based solely
on the provisions of this paragraph. Such an ap-
plication shall be considered as if it fully met
any matching requirement.
‘‘SEC. 1130. POLICY FOR INDIAN CONTROL OF INDIAN EDU-
CATION.
‘‘(a) FACILITATION OF INDIAN CONTROL.—It shall be
the policy of the United States acting through the Secretary,
in carrying out the functions of the Bureau, to facilitate
Indian control of Indian affairs in all matters relating to
education.
‘‘(b) CONSULTATION WITH TRIBES.—
‘‘(1) IN GENERAL.—All actions under this Act
shall be done with active consultation with tribes. The
United States acting through the Secretary, and
tribes shall work in a government-to-government rela-