§ 2002. — National criteria for dormitory situations.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 25USC2002]
TITLE 25--INDIANS
CHAPTER 22--BUREAU OF INDIAN AFFAIRS PROGRAMS
Sec. 2002. National criteria for home-living situations
(a) Revision of standards
(1) In general
The Secretary, in consultation with the Secretary of Education,
Indian organizations and tribes, and Bureau-funded schools, shall
revise the national standards for home-living (dormitory) situations
to include such factors as heating, lighting, cooling, adult-child
ratios, needs for counselors (including special needs related to
off-reservation home-living (dormitory) situations), therapeutic
programs, space, and privacy.
(2) Implementation
Such standards shall be implemented in Bureau-operated schools,
and shall serve as minimum standards for contract or grant schools.
(3) Revision after establishment
Once established, any revisions of such standards shall be
developed according to the requirements established under section
2017 of this title.
(b) Implementation
The Secretary shall implement the revised standards established
under this section immediately upon completion of the standards.
(c) Plan
(1) In general
The Secretary shall submit to the appropriate committees of
Congress, the tribes, and the affected schools, and publish in the
Federal Register, a detailed plan to bring all Bureau-funded schools
that provide home-living (dormitory) situations up to the standards
established under this section.
(2) Components of plan
The plan described in paragraph (1) shall include--
(A) a statement of the relative needs of each Bureau-funded
home-living (dormitory) school;
(B) projected future needs of each Bureau-funded home-living
(dormitory) school;
(C) detailed information on the status of each school in
relation to the standards established under this section;
(D) specific cost estimates for meeting each standard for
each such school;
(E) aggregate cost estimates for bringing all such schools
into compliance with the criteria established under this
section; and
(F) 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 subsection, waive the standards established under this
section for a school described in subsection (a) of this section.
(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 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 tribal 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 involved unless
specifically rejected by the Director for good cause and in
writing provided to the affected 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.
(Pub. L. 95-561, title XI, Sec. 1122, as added Pub. L. 107-110, title X,
Sec. 1042, Jan. 8, 2002, 115 Stat. 2018.)
Prior Provisions
A prior section 2002, Pub. L. 95-561, title XI, Sec. 1122, as added
Pub. L. 103-382, title III, Sec. 381, Oct. 20, 1994, 108 Stat. 3984;
amended Pub. L. 105-362, title VIII, Sec. 801(c)(2), Nov. 10, 1998, 112
Stat. 3288, related to national criteria for dormitory situations, prior
to the general amendment of this chapter by Pub. L. 107-110.
Another prior section 2002, Pub. L. 95-561, title XI, Sec. 1122,
Nov. 1, 1978, 92 Stat. 2318; Pub. L. 96-46, Sec. 2(b)(5), 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. 100-297, title V,
Sec. 5105, Apr. 28, 1988, 102 Stat. 367, related to national criteria
for dormitory situations, 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 2002, 2007, 2015 of this
title.
