§ 2001. — Standards for basic education of Indian children in Bureau of Indian Affairs schools.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 25USC2001]
TITLE 25--INDIANS
CHAPTER 22--BUREAU OF INDIAN AFFAIRS PROGRAMS
Sec. 2001. 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 accreditation 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 educational
opportunities that equal or exceed those for all other students in
the United States.
(2) Declarations of purpose
Local school boards for schools operated by the Bureau of Indian
Affairs, in cooperation and consultation with the appropriate tribal
governing bodies and their communities, are encouraged to adopt
declarations of purpose for education for their communities, taking
into account the implications of such declarations on education in
their communities and for their schools. In adopting such
declarations of purpose, the school boards shall consider the effect
the declarations may have on the motivation of students and
faculties.
(b) Accreditation
(1) Deadline
(A) In general
Not later than 24 months after January 8, 2002, each Bureau-
funded school shall, to the extent that necessary funds are
provided, be a candidate for accreditation or be accredited--
(i) by a tribal accrediting body, if the accreditation
standards of the tribal accrediting body have been accepted
by formal action of the tribal governing body and such
accreditation is acknowledged by a generally recognized
State certification or regional accrediting agency;
(ii) by a regional accreditation agency;
(iii) by State accreditation standards for the State in
which the Bureau-funded school is located; or
(iv) in the case of a Bureau-funded school that is
located on a reservation that is located in more than one
State, in accordance with the State accreditation standards
of one State as selected by the tribal government.
(B) Feasibility study
Not later than 12 months after January 8, 2002, the
Secretary of the Interior and the Secretary of Education shall,
in consultation 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 tribal
accreditation agency that would--
(i) review and acknowledge the accreditation standards
for Bureau-funded schools; and
(ii) establish accreditation procedures to facilitate
the application, review of the standards and review
processes, and recognition of qualified and credible tribal
departments of education as accrediting bodies serving
tribal 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.
(3) Assistance to school boards
(A) In general
The Secretary, 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 accreditation required under this
subsection, if the school boards request that such assistance,
in part or in whole, be provided.
(B) Entities through which assistance may be provided
The Secretary may provide such assistance directly or
through the Department of Education, 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 obtaining
accreditation.
(4) Application of current standards during accreditation
A Bureau-funded school that is seeking accreditation shall
remain subject to the standards issued under this section \1\ and in
effect on the day before January 8, 2002, until such time as the
school is accredited, except that if any of such standards are in
conflict with the standards of the accrediting agency, the standards
of such agency shall apply in such case.
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\1\ See References in Text note below.
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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 submit to the Committee on
Appropriations, the Committee on Education and the Workforce, and
the Committee on Resources of the House of Representatives and the
Committee on Appropriations, the Committee on Indian Affairs, and
the Committee on Health, Education, Labor, and Pensions 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), identifies the reasons that each such
school is not accredited or a candidate for accreditation, as
determined by the appropriate accreditation agency, 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 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 required under paragraph (5), the Secretary shall--
(i) ensure that the school has exhausted all
administrative remedies provided by the accreditation
agency; and
(ii) provide the school with an opportunity to review
the data on which such inclusion is based.
(B) Provision of additional information
If the school board of a school that the Secretary has
proposed for inclusion in an annual 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 annual report. The Secretary shall consider such
information provided by the school board before making a final
determination concerning the inclusion of the school in any such
report.
(C) Publication of accreditation status
Not later than 30 days after making an initial determination
to include a school in an annual report under paragraph (5), the
Secretary 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 consultation 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 candidate for accreditation;
(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
period 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 accreditation;
(v) establish specific annual, objective goals for
measuring continuous and significant progress made by the
school in a manner that will ensure the accreditation of the
school within the 3-year period described in clause (ii);
(vi) identify how the school will provide written
notification about the lack of accreditation to the parents
of each student enrolled in such school, in a format and, to
the extent practicable, in a language the parents can
understand; and
(vii) specify the responsibilities of the school board
and any assistance to be provided by the Secretary under
paragraph (3).
(B) Implementation
A school shall implement the school plan under subparagraph
(A) expeditiously, but in no event later than the beginning of
the school year following the school year in which the school
was included in the annual 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 approve the school plan if the plan
meets the requirements of this paragraph.
(8) Corrective action
(A) Definition
In this subsection, the term ``corrective action'' means any
action that--
(i) substantially and directly responds 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 substantially the
likelihood that the school will be accredited.
(B) Waiver
The Secretary shall grant a waiver which shall exempt a
school from any or all of the requirements of this paragraph and
paragraph (7) (though such school shall be required to comply
with the standards contained in part 36 of title 25, Code of
Federal Register,\2\ as in effect on January 8, 2002) if the
school--
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\2\ So in original. Probably should be ``Regulations,''.
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(i) is identified in the report described in paragraph
(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), 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 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, transportation
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 available, 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.
(ii) Consult with the tribe involved to determine the
causes for the lack of accreditation including potential
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 section 5207(c) of the
Tribally Controlled Schools Act of 1988 \1\ 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 accordance 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 Secretary
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
[25 U.S.C. 450f et seq.], or as a grant school in accordance
with the Tribally Controlled Schools Act of 1988 [25 U.S.C.
2501 et seq.], 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 contract 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 accreditation of the school within 2 school years.
Prior to entering into such a contract, the Secretary shall
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 governing body shall have 60 days to amend
the plan developed pursuant to clause (ii), including
identifying another outside entity to operate the school.
The Secretary 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 sentence. After the
approval of the proposal and any amendments, the Secretary,
with continuing consultation 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-Determination Act [25 U.S.C. 450f et seq.], or as a
grant school, after complying with the Tribally Controlled
Schools Act of 1988 [25 U.S.C. 2501 et seq.], 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 [25
U.S.C. 450j(e)] (with respect to a contract school) or
section 5204(f) of the Tribally Controlled Schools Act of
1988 \1\ (with respect to a grant school).
(vi) Consistent
The provisions of this subparagraph shall be construed
to be consistent with the provisions of the Tribally
Controlled Schools Act of 1988 [25 U.S.C. 2501 et seq.] and
the Indian Self-Determination Act [25 U.S.C. 450f et seq.]
as in effect on the day before January 8, 2002, 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 operated pursuant to a
grant, or a school that is operated under a contract under the
Indian Self-Determination Act [25 U.S.C. 450f et seq.], prior to
implementing any corrective action under this paragraph, the
Secretary shall provide notice and an opportunity for a hearing
to the affected school pursuant to section 5207 of the Tribally
Controlled Schools Act of 1988.\1\
(9) Statutory construction
Nothing in this section shall be construed to alter or otherwise
affect the rights, remedies, and procedures afforded to school
employees under 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) of this section, the
Secretary shall implement the standards in effect under this section
\1\ on the day before January 8, 2002.
(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
January 8, 2002, 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 paragraph) shall not apply--
(A) in those cases in which the tribal governing body for a
school, or the local school board concerned (if designated by
the tribal governing body to act under this paragraph), requests
the closure, consolidation, or substantial curtailment; or
(B) if a temporary closure, consolidation, or substantial
curtailment is required by facility 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,
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 curtailment of a school is under
active consideration or review by any division of the Bureau or
the Department of the Interior, the affected tribe, tribal
governing body, and designated local school board will be
notified immediately in writing, kept fully and currently
informed, and afforded an opportunity to comment with respect to
such consideration or review.
(B) Decision to close
If a formal decision is made to close, transfer to another
authority, consolidate, or substantially curtail a school, the
affected tribe, tribal governing body, and designated school
board shall be notified not later than 180 days before the end
of the school year preceding the proposed closure date.
(C) Copies
Copies of any such notices and information shall be--
(i) submitted promptly to the appropriate committees of
Congress; and
(ii) published in the Federal Register.
(5) Report
The Secretary shall submit to the appropriate committees of
Congress, the affected tribe, and the designated school board, a
report describing the process of the active consideration or review
referred to in paragraph (4) that includes--
(A) a study of the impact of such action on the student
population;
(B) a description of those students with particular
educational and social needs;
(C) recommendations to ensure that alternative services are
available to such students; and
(D) a description of the consultation conducted between the
potential service provider, current service provider, parents,
tribal representatives and the tribe or tribes involved, and the
Director of the Office of Indian Education Programs within the
Bureau regarding such students.
(6) Limitation on certain actions
No irrevocable action may be taken in furtherance of any such
proposed school closure, transfer to another authority,
consolidation, or substantial curtailment (including any action
which would prejudice the personnel or programs of such school)
prior to the end of the first full academic year after such report
is made.
(7) Tribal governing body approval required for certain
actions
The Secretary may, with the approval of the tribal governing
body, terminate, contract, transfer to any other authority,
consolidate, or substantially curtail the operation or facilities
of--
(A) any Bureau-funded school that is operated on or after
January 1, 1999;
(B) any program of such a school that is operated on or
after January 1, 1999; or
(C) any school board of a school operated under a grant
under the Tribally Controlled Schools Act of 1988 [25 U.S.C.
2501 et seq.].
(e) Application for contracts or grants for non-Bureau-funded schools or
expansion of Bureau-funded schools
(1) Review by Secretary
(A) Consideration of factors
(i) In general
The Secretary shall consider only the factors described
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-
funded school; and
(II) applications from any tribe or school board of
any Bureau-funded school for--
(aa) a school which is not a Bureau-funded
school; or
(bb) the expansion of a Bureau-funded school
which would increase the amount of funds received by
the Indian tribe or school board under section 2007
of this title.
(ii) No denial based on geographic proximity
With respect to applications described in this
subparagraph, the Secretary shall give consideration to all
factors described in subparagraph (B), but no such
application shall be denied based primarily upon the
geographic proximity of comparable public education.
(B) Factors
With respect to applications described in subparagraph (A),
the Secretary shall consider the following factors relating to
the program and services that are the subject of the
application:
(i) The adequacy of the facilities or the potential to
obtain or provide adequate facilities.
(ii) Geographic and demographic factors in the affected
areas.
(iii) The adequacy of the applicant's program plans or,
in the case of a Bureau-funded school, of projected needs
analysis done either by the tribe or the Bureau.
(iv) Geographic proximity of comparable public
education.
(v) The stated needs of all affected parties, including
students, families, tribal governments at both the central
and local levels, and school organizations.
(vi) Adequacy and comparability of programs already
available.
(vii) Consistency of available programs with tribal
educational codes or tribal legislation on education.
(viii) The history and success of those services for the
proposed population to be served, as determined from all
factors, including standardized examination performance.
(2) Determination on application
(A) In general
Not later than 180 days after the date on which an
application described in paragraph (1)(A) is submitted to the
Secretary, the Secretary shall make a determination of whether
to approve the application.
(B) Failure to make determination
If the Secretary fails to make a determination with respect
to an application by the date described in subparagraph (A), the
application shall be deemed to have been approved by the
Secretary.
(3) Requirements for applications
(A) In general
Notwithstanding paragraph (2)(B), an application described
in paragraph (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
application; and
(ii) written evidence of such approval is submitted with
the application.
(B) Included information
Each application described in paragraph (1)(A) shall include
information concerning 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 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 [25 U.S.C. 450 et seq.]; 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 application
(A) In general
Except as otherwise provided in this paragraph, an action
that is the subject of any application described in paragraph
(1)(A) that is approved by the Secretary shall become
effective--
(i) at the beginning of the academic year following the
fiscal year in which the application is approved; or
(ii) at an earlier date determined by the Secretary.
(B) Applications deemed approved
If an application is deemed to have been approved by the
Secretary under paragraph (2)(B), the action that is the subject
of the application shall become effective--
(i) on the date that is 18 months after the date on
which the application is submitted to the Secretary; or
(ii) at 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 related facilities
at a Bureau-funded school, if such expansion is paid for with non-
Bureau funds. Subject to the availability of appropriated funds the
Secretary is authorized to provide the necessary funds needed to
supplement the cost of operations and maintenance of such expansion.
(f) Joint administration
Administrative, transportation, 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 received for such education and
related services from nonfederally 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, 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 for all Indian students.
(h) Study on adequacy of funds and formulas
(1) Study
The Comptroller General of the United States shall conduct a
study to determine the adequacy of funding, and formulas used by the
Bureau to determine funding, for programs operated by Bureau-funded
schools, taking into account unique circumstances applicable to
Bureau-funded schools. The study shall analyze existing information
gathered and contained in germane studies that have been conducted
or are currently being conducted with regard to Bureau-funded
schools.
(2) Action
Upon completion of the study, the Secretary of the Interior
shall take such action as necessary to ensure distribution of the
findings of the study to all affected Indian tribes, local school
boards, and associations of local school boards.
(Pub. L. 95-561, title XI, Sec. 1121, as added Pub. L. 107-110, title X,
Sec. 1042, Jan. 8, 2002, 115 Stat. 2007.)
References in Text
This section, referred to in subsec. (b)(4) and the second place
appearing in subsec. (c)(1), mean section 1121 of Pub. L. 95-561, prior
to the general amendment of this chapter by Pub. L. 107-110. See Prior
Provisions notes below.
The Indian Self-Determination Act, referred to in subsec. (b)(8)(D)-
(F), is title I of Pub. L. 93-638, Jan. 4, 1975, 88 Stat. 2206, as
amended, which is classified principally to part A (Sec. 450f et seq.)
of subchapter II 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.
The Tribally Controlled Schools Act of 1988, referred to in subsecs.
(b)(8)(D)-(F) and (d)(7)(C), is part B (Secs. 5201-5212) of title V of
Pub. L. 100-297, Apr. 28, 1988, 102 Stat. 385, as amended, which is
classified generally to chapter 27 (Sec. 2501 et seq.) of this title.
Sections 5204 and 5207 of the Act were classified to sections 2503 and
2506, respectively, of this title, prior to repeal by Pub. L. 107-110,
title X, Sec. 1043, Jan. 8, 2002, 115 Stat. 2063. Pub. L. 107-110
enacted new sections 5204 and 5207 which are classified to sections 2503
and 2506, respectively, of this title. Pub. L. 107-110 enacted new
sections 5203 and 5206 of Pub. L. 100-297, relating to subject matter
similar to that of former sections 5204 and 5207, respectively, which
are classified to sections 2502 and 2505, respectively, of this title.
For complete classification of this Act to the Code, see Short Title
note set out under section 2501 of this title and Tables.
The Indian Self-Determination and Education Assistance Act referred
to in subsec. (e)(4)(C), is Pub. L. 93-638, Jan. 4, 1975, 88 Stat. 2203,
as amended, which is classified principally to part A (Sec. 450 et seq.)
of subchapter II 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 2001, Pub. L. 95-561, title XI, Sec. 1121, as added
Pub. L. 103-382, title III, Sec. 381, Oct. 20, 1994, 108 Stat. 3979;
amended Pub. L. 104-134, title I, Sec. 101(d) [title VII, Sec. 703(d)],
Apr. 26, 1996, 110 Stat. 1321-211, 1321-255; renumbered title I, Pub. L.
104-140, Sec. 1(a), May 2, 1996, 110 Stat. 1327; Pub. L. 105-362, title
VIII, Sec. 801(c)(1), Nov. 10, 1998, 112 Stat. 3287, related to
standards for basic education of Indian children in Bureau of Indian
Affairs schools, prior to the general amendment of this chapter by Pub.
L. 107-110.
Another prior section 2001, Pub. L. 95-561, title XI, Sec. 1121,
Nov. 1, 1978, 92 Stat. 2316; Pub. L. 96-46, Sec. 2(b)(2)-(4), Aug. 6,
1979, 93 Stat. 341; Pub. L. 96-88, title III, Sec. 301(a)(1), title V,
Sec. 507, Oct. 17, 1979, 93 Stat. 677, 692; Pub. L. 98-511, title V,
Sec. 502, Oct. 19, 1984, 98 Stat. 2391; Pub. L. 99-89, Sec. 2, Aug. 15,
1985, 99 Stat. 379; Pub. L. 99-570, title IV, Sec. 4133(b)(3), Oct. 27,
1986, 100 Stat. 3207-134; Pub. L. 100-297, title V, Secs. 5102, 5104,
Apr. 28, 1988, 102 Stat. 363, 365; Pub. L. 100-427, Sec. 1(a), (b),
Sept. 9, 1988, 102 Stat. 1603; Pub. L. 102-531, title III, Sec. 312(b),
Oct. 27, 1992, 106 Stat. 3504, related to standards for basic education
of Indian children in Bureau or contract schools, prior to the general
amendment of this chapter by Pub. L. 103-382.
Section Referred to in Other Sections
This section is referred to in sections 2005, 2007, 2010, 2015 of
this title.
