H. R. 1—587
‘‘(B) WAIVER.—The Secretary shall grant a waiver
which shall exempt a school from any or all of the require-
ments of this paragraph and paragraph (7) (though such
school shall be required to comply with the standards con-
tained in part 36 of title 25, Code of Federal Register,
as in effect on the date of enactment of the Native American
Education Improvement Act of 2001) if the school—
‘‘(i) is identified in the report described in para-
graph (5)(C); and
‘‘(ii) fails to be accredited for reasons that are
beyond the control of the school board, as determined
by the Secretary, including, but not limited to—
‘‘(I) a significant decline in financial resources;
‘‘(II) the poor condition of facilities, vehicles,
or other property; and
‘‘(III) a natural disaster.
‘‘(C) DUTIES OF SECRETARY.—After providing 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
toward achieving the goals described in paragraph
(7)(A)(v) with respect to reaccreditation or becoming
a candidate for accreditation;
‘‘(ii) except as provided in subparagraph (B), con-
tinue 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 full year immediately following the date that
the school’s plan was first in effect under paragraph
(7);
‘‘(iii) provide all students enrolled in a school that
is eligible for a corrective action determination by the
Secretary under clause (ii) with the option to transfer
to another public or Bureau-funded school, including
a public charter school, that is accredited;
‘‘(iv) promptly notify the parents of children
enrolled in a school that is eligible for a corrective
action determination by the Secretary under clause
(ii) of the option to transfer their child to another
public or Bureau-funded school; and
‘‘(v) provide, or pay for the provision of, transpor-
tation for each student described in clause (iii) to the
school described in clause (iii) to which the student
elects to be transferred to the extent funds are avail-
able, as determined by the tribal governing body.
‘‘(D) FAILURE OF SCHOOL PLAN OF BUREAU-OPERATED
SCHOOL.—With respect to a Bureau-operated school that
fails to be accredited at the end of the third full year
immediately following the date that the school’s plan was
first in effect under paragraph (7), the Secretary may take
one or more of the following corrective actions:
‘‘(i) Institute and fully implement actions suggested
by the accrediting agency.
H. R. 1—588
‘‘(ii) Consult with the tribe involved to determine
the causes for the lack of accreditation including poten-
tial staffing and administrative 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
during which to determine whether the tribe desires
to operate the school as a contract or grant school
before meeting the accreditation requirements in sec-
tion 5207(c) of the Tribally Controlled Schools Act of
1988 at the beginning of the next school year following
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 Secretary in accord-
ance with paragraph (7), to achieve accreditation.
‘‘(II) If the tribe declines to assume control of the
school, the Secretary, in consultation with the tribe,
may contract with an outside entity, consistent with
applicable law, or appoint a receiver or trustee to
operate and administer the affairs of the school until
the school is accredited. The outside entity, receiver,
or trustee shall prepare a plan, pursuant to paragraph
(7), for approval by the Secretary in accordance with
paragraph (7).
‘‘(III) Upon accreditation of the school, the Sec-
retary shall allow the tribe to continue to operate the
school as a grant or contract school, or if the school
is being controlled by an outside entity, provide the
tribe with the option to assume operation of the school
as a contract school, in accordance with the Indian
Self-Determination Act, or as a grant school in accord-
ance with the Tribally Controlled Schools Act of 1988,
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 continue the operation
of the school or reassume control of the school.
‘‘(E) FAILURE OF SCHOOL PLAN OF CONTRACT OR GRANT
SCHOOL.—
‘‘(i) CORRECTIVE ACTION.—With respect to a con-
tract or grant school that fails to be accredited at
the end of the third full year immediately following
the date that the school’s plan was first in effect under
paragraph (7), the Secretary may take one or more
of the corrective actions described in subparagraph
(D)(i) and (D)(ii). The Secretary shall implement such
corrective action for at least 1 year prior to taking
any action described under clause (ii).
‘‘(ii) OUTSIDE
ENTITY.—If the corrective action
described in clause (i) does not result in accreditation
of the school, the Secretary, in conjunction with the
tribal governing body, may contract with an outside
entity to operate the school in order to achieve accredi-
tation of the school within 2 school years. Prior to
entering into such a contract, the Secretary shall
H. R. 1—589
develop a proposal for such operation which shall
include, at a minimum, the following elements:
‘‘(I) The identification of one or more outside
entities each of which has demonstrated to the
Secretary its ability to develop a satisfactory plan
for achieving accreditation and its willingness and
availability to undertake such a plan.
‘‘(II) A plan for implementing operation of the
school by such an outside entity, including the
methodology for oversight and evaluation of the
performance of the outside entity by the Secretary
and the tribe.
‘‘(iii) PROPOSAL
AMENDMENTS.—The tribal gov-
erning body shall have 60 days to amend the plan
developed pursuant to clause (ii), including identifying
another outside entity to operate the school. The Sec-
retary shall reach agreement with the tribal governing
body on the proposal and any such amendments to
the plan not later than 30 days after the expiration
of the 60-day period described in the preceding sen-
tence. After the approval of the proposal and any
amendments, the Secretary, with continuing consulta-
tion with such tribal governing body, shall implement
the proposal.
‘‘(iv) ACCREDITATION.—Upon accreditation of the
school, the tribe shall have the option to assume the
operation and administration of the school as a contract
school after complying with the Indian Self-Determina-
tion Act, or as a grant school, after complying with
the Tribally Controlled Schools Act of 1988, at the
beginning of the school year following the year in which
the school obtains accreditation.
‘‘(v) RETROCEDE.—Nothing in this subparagraph
shall limit a tribe’s right to retrocede operation of
a school to the Secretary pursuant to section 105(e)
of the Indian Self-Determination Act (with respect to
a contract school) or section 5204(f) of the Tribally
Controlled Schools Act of 1988 (with respect to a grant
school).
‘‘(vi) CONSISTENT.—The provisions of this subpara-
graph shall be construed to be consistent with the
provisions of the Tribally Controlled Schools Act of
1988 and the Indian Self-Determination Act as in effect
on the day before the date of enactment of the Native
American Education Improvement Act of 2001, and
shall not be construed as expanding the authority of
the Secretary under any other law.
‘‘(F) HEARING.—With respect to a school that is oper-
ated pursuant to a grant, or a school that is operated
under a contract under the Indian Self-Determination Act,
prior to implementing any corrective action under this
paragraph, the Secretary shall provide notice and an oppor-
tunity for a hearing to the affected school pursuant to
section 5207 of the Tribally Controlled Schools Act of 1988.
‘‘(9) STATUTORY
CONSTRUCTION.—Nothing in this section
shall be construed to alter or otherwise affect the rights, rem-
edies, and procedures afforded to school employees under
H. R. 1—590
applicable law (including applicable regulations or court orders)
or under the terms of any collective bargaining agreement,
memorandum of understanding, or other agreement between
such employees and their employers.
‘‘(10) FISCAL CONTROL AND FUND ACCOUNTING STANDARDS.—
The Bureau shall, either directly or through contract with
an Indian organization, establish a consistent system of
reporting standards for fiscal control and fund accounting for
all contract and grant schools. Such standards shall provide
data comparable to those used by Bureau-operated schools.
‘‘(c) ANNUAL PLAN.—
‘‘(1) IN GENERAL.—Except as provided in subsection (b),
the Secretary shall implement the standards in effect under
this section on the day before 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 Congress, all Bureau-funded
schools, and the tribal governing bodies of such schools a
detailed plan to ensure that all Bureau-funded schools are
accredited, or if such schools are in the process of obtaining
accreditation that such schools meet the Bureau standards
in effect on the day before 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 detailed information
on the status of each school’s educational program in relation
to the applicable standards, specific cost estimates for meeting
such standards at each school, and specific timelines for
bringing each school up to the level required by such standards.
‘‘(d) CLOSURE OR CONSOLIDATION OF SCHOOLS.—
‘‘(1) IN GENERAL.—Except as specifically required by law—
‘‘(A) no Bureau-funded school or dormitory operated
on or after January 1, 1992, may be closed, consolidated,
or transferred to another authority; and
‘‘(B) 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 para-
graph) shall not apply—
‘‘(A) in those cases in which the tribal governing body
for a school, or the local school board concerned (if des-
ignated by the tribal governing body to act under this
paragraph), requests the closure, consolidation, or substan-
tial curtailment; or
‘‘(B) if a temporary closure, consolidation, or substan-
tial curtailment is required by facility conditions that con-
stitute 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, consolidation, or substantial curtailment
of Bureau schools, in accordance with the requirements of this
subsection.
‘‘(4) NOTICE.—
‘‘(A) IN GENERAL.—In a case in which closure, transfer
to another authority, consolidation, or substantial curtail-
ment of a school is under active consideration or review
by any division of the Bureau or the Department of the