§ 2004. — School boundaries.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 25USC2004]
TITLE 25--INDIANS
CHAPTER 22--BUREAU OF INDIAN AFFAIRS PROGRAMS
Sec. 2004. School boundaries
(a) Establishment by Secretary
The Secretary shall establish, by regulation, separate geographical
attendance areas for each Bureau-funded school.
(b) Establishment by tribal body
In any case where there is more than one Bureau-funded school
located on an Indian reservation, 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 relevant
attendance 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) Notice
On or after July 1, 2001, no geographical attendance area shall
be revised or established with respect to any Bureau-funded school
unless the tribal governing body or the local school board concerned
(if so designated by the tribal governing body) has been afforded--
(A) at least 6 months notice of the intention of the Bureau
to revise or establish such attendance area; and
(B) the opportunity to propose alternative boundaries.
(2) Revision process
Any tribe may petition the Secretary for revision of existing
attendance area boundaries. The Secretary shall accept such proposed
alternative or revised boundaries unless the Secretary finds, after
consultation with the affected tribe or tribes, that such revised
boundaries do not reflect the needs of the Indian students to be
served or do not provide adequate stability to all of the affected
programs. The Secretary shall cause such revisions to be published
in the Federal Register.
(3) Tribal resolution determination
Nothing in this section shall deny a tribal governing body the
authority, on a continuing basis, to adopt a tribal resolution
allowing parents the choice of the Bureau-funded school their
children may attend, regardless of the attendance boundaries
established under this section.
(d) Funding restrictions
(1) In general
The Secretary shall not deny funding to a Bureau-funded school
for any eligible Indian student attending the school solely because
that student's home or domicile is outside of the geographical
attendance area established for that school under this section.
(2) Transportation
No funding shall be made available without tribal authorization
to enable a 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
When there is only one Bureau-funded program located on an Indian
reservation--
(1) the attendance area for the program shall be the boundaries
(established by treaty, agreement, legislation, court decisions, or
executive decisions and as accepted by the tribe) of the reservation
served; and
(2) those students residing near the reservation shall also
receive services from such program.
(f) Off-reservation home-living (dormitory) schools
(1) In general
Notwithstanding any geographical attendance areas, attendance at
off-reservation home-living (dormitory) schools shall include
students requiring special emphasis programs to be implemented at
each off-reservation home-living (dormitory) school.
(2) Coordination
Such attendance shall be coordinated between education line
officers, the family, and the referring and receiving programs.
(Pub. L. 95-561, title XI, Sec. 1124, as added Pub. L. 107-110, title X,
Sec. 1042, Jan. 8, 2002, 115 Stat. 2019.)
Prior Provisions
A prior section 2004, Pub. L. 95-561, title XI, Sec. 1124, as added
Pub. L. 103-382, title III, Sec. 381, Oct. 20, 1994, 108 Stat. 3986,
related to school boundaries, prior to the general amendment of this
chapter by Pub. L. 107-110.
Another prior section 2004, Pub. L. 95-561, title XI, Sec. 1124,
Nov. 1, 1978, 92 Stat. 2319; Pub. L. 98-511, title V, Sec. 503, Oct. 19,
1984, 98 Stat. 2393; Pub. L. 99-89, Sec. 3, Aug. 15, 1985, 99 Stat. 380;
Pub. L. 100-297, title V, Sec. 5120, Apr. 28, 1988, 102 Stat. 384,
related to school boundaries, 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 section 2015 of this title.
