§ 2505. — Eligibility for grants.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 25USC2505]
TITLE 25--INDIANS
CHAPTER 27--TRIBALLY CONTROLLED SCHOOL GRANTS
Sec. 2505. Duration of eligibility determination
(a) In general
If the Secretary determines that a tribally controlled school is
eligible for assistance under this chapter, the eligibility
determination shall remain in effect until the determination is revoked
by the Secretary, and the requirements of subsection (b) or (c) of
section 2504 of this title, if applicable, shall be considered to have
been met with respect to such school until the eligibility determination
is revoked by the Secretary.
(b) Annual reports
(1) In general
Each recipient of a grant provided under this chapter shall
complete an annual report which shall be limited to--
(A) an annual financial statement reporting revenue and
expenditures as defined by the cost accounting established by
the grantee;
(B) an annual financial audit conducted pursuant to the
standards of the Single Audit Act of 1984 [31 U.S.C. 7501 et
seq.];
(C) a biennial compliance audit of the procurement of
personal property during the period for which the report is
being prepared that shall be in compliance with written
procurement standards that are developed by the local school
board;
(D) an annual submission to the Secretary of the number of
students served and a brief description of programs offered
under the grant; and
(E) a program evaluation conducted by an impartial
evaluation review team, to be based on the standards established
for purposes of subsection (c)(1)(A)(ii) \1\ of this section.
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\1\ So in original. Probably should be subsection ``(c)(1)(B)(ii)''.
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(2) Evaluation review teams
Where appropriate, other tribally controlled schools and
representatives of tribally controlled community colleges shall make
up members of the evaluation review teams.
(3) Evaluations
In the case of a school which is accredited, evaluations will be
conducted at intervals under the terms of accreditation.
(4) Submission of report
(A) To tribal governing body
Upon completion of the report required under paragraph (1),
the recipient of the grant shall send (via first class mail,
return receipt requested) a copy of such annual report to the
tribal governing body (as defined in section 2012(f) of this
title) of the tribally controlled school.
(B) To Secretary
Not later than 30 days after receiving written confirmation
that the tribal governing body has received the report sent
pursuant to subparagraph (A), the recipient of the grant shall
send a copy of the report to the Secretary.
(c) Revocation of eligibility
(1) Determination of eligibility for assistance
The Secretary shall not revoke a determination that a school is
eligible for assistance under this chapter if--
(A) the Indian tribe or tribal organization submits the
reports required under subsection (b) of this section with
respect to the school; and
(B) at least one of the following clauses applies with
respect to the school:
(i) The school is certified or accredited by a State or
regional accrediting association or is a candidate in good
standing for such accreditation under the rules of the State
or regional accrediting association, showing that credits
achieved by the students within the education programs are,
or will be, accepted at grade level by a State certified or
regionally accredited institution.
(ii) The Secretary determines that there is a reasonable
expectation that the certification or accreditation
described in clause (i), or candidacy in good standing for
such certification or accreditation, will be achieved by the
school within 3 years. The school seeking accreditation
shall remain under the standards of the Bureau in effect on
January 8, 2002, until such time as the school is
accredited, except that if the Bureau standards are in
conflict with the standards of the accrediting agency, the
standards of such agency shall apply in such case.
(iii) The school is accredited by a tribal department of
education if such accreditation is accepted by a generally
recognized regional or State accreditation agency.
(iv)(I) With respect to a school that lacks
accreditation, or that is not a candidate for accreditation,
based on circumstances that are not beyond the control of
the school board, every 3 years an impartial evaluator
agreed upon by the Secretary and the grant recipient
conducts evaluations of the school, and the school receives
a positive assessment under such evaluations. The
evaluations are conducted under standards adopted by a
contractor under a contract for the school entered into
under the Indian Self-Determination and Education Assistance
Act [25 U.S.C. 450 et seq.] (or revisions of such standards
agreed to by the Secretary and the grant recipient) prior to
January 8, 2002.
(II) If the Secretary and a grant recipient other than a
tribal governing body fail to agree on such an evaluator,
the tribal governing body shall choose the evaluator or
perform the evaluation. If the Secretary and a grant
recipient that is a tribal governing body fail to agree on
such an evaluator, subclause (I) shall not apply.
(III) A positive assessment by an impartial evaluator
under this clause shall not affect the revocation of a
determination of eligibility by the Secretary where such
revocation is based on circumstances that were within the
control of the school board.
(2) Notice requirements for revocation
The Secretary shall not revoke a determination that a school is
eligible for assistance under this chapter, or reassume control of a
school that was a Bureau school prior to approval of an application
submitted under section 2505(b)(1)(A) \2\ of this title until the
Secretary--
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\2\ So in original. Probably should be section ``2504(b)(1)(A)''.
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(A) provides notice to the tribally controlled school and
the tribal governing body (within the meaning of section 2021 of
this title) of the tribally controlled school which states--
(i) the specific deficiencies that led to the revocation
or resumption determination; and
(ii) the actions that are needed to remedy such
deficiencies; and
(B) affords such authority an opportunity to effect the
remedial actions.
(3) Technical assistance
The Secretary shall provide such technical assistance to enable
the school and governing body to carry out such remedial actions.
(4) Hearing and appeal
In addition to notice and technical assistance under this
subsection, the Secretary shall provide to the school and governing
body--
(A) at the request of the school or governing body, a
hearing on the record regarding the revocation or reassumption
determination, to be conducted under the rules and regulations
described in section 2505(f)(1)(C) \3\ of this title; and
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\3\ So in original. Probably should be section ``2504(f)(1)(C)''.
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(B) an opportunity to appeal the decision resulting from the
hearing.
(d) Applicability of section pursuant to election under section 2507(b)
With respect to a tribally controlled school that receives
assistance under this chapter pursuant to an election made under section
2507(b) of this title--
(1) subsection (b) of this section shall apply; and
(2) the Secretary may not revoke eligibility for assistance
under this chapter except in conformance with subsection (c) of this
section.
(Pub. L. 100-297, title V, Sec. 5206, as added Pub. L. 107-110, title X,
Sec. 1043, Jan. 8, 2002, 115 Stat. 2072.)
References in Text
The Single Audit Act of 1984, referred to in subsec. (b)(1)(B), is
Pub. L. 98-502, Oct. 19, 1984, 98 Stat. 2327, as amended, which is
classified generally to chapter 75 (Sec. 7501 et seq.) of Title 31,
Money and Finance. For complete classification of this Act to the Code,
see Short Title of 1984 Amendment note set out under section 7501 of
Title 31 and Tables.
The Indian Self-Determination and Education Assistance Act, referred
to in subsec. (c)(1)(B)(iv)(I), is Pub. L. 93-638, Jan. 4, 1975, 88
Stat. 2203, as amended, which is classified principally to subchapter II
(Sec. 450 et seq.) of chapter 14 of this title. For complete
classification of this Act to the Code, see Short Title note set out
under section 450 of this title and Tables.
Prior Provisions
A prior section 2505, Pub. L. 100-297, title V, Sec. 5206, Apr. 28,
1988, 102 Stat. 388; Pub. L. 100-427, Sec. 11, Sept. 9, 1988, 102 Stat.
1608; Pub. L. 105-362, title VIII, Sec. 801(d), Nov. 10, 1998, 112 Stat.
3288, related to eligibility for grants, prior to repeal by Pub. L. 107-
110, title X, Sec. 1043, Jan. 8, 2002, 115 Stat. 2063. See section 2504
of this title.
Effective Date
Section effective Jan. 8, 2002, except with respect to certain
noncompetitive programs and competitive programs, see section 5 of Pub.
L. 107-110, set out as a note under section 6301 of Title 20, Education.
Section Referred to in Other Sections
This section is referred to in section 2507 of this title.
