Title 25 — Indians
Chapter 22 — Bureau of Indian Affairs Programs
§ 2002. National criteria for home-living situations
Statutory text
Revision of standards
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.
Implementation
Such standards shall be implemented in Bureau-operated schools, and shall serve as minimum standards for contract or grant schools.
Revision after establishment
Once established, any revisions of such standards shall be developed according to the requirements established under section 2017 of this title.
Implementation
The Secretary shall implement the revised standards established under this section immediately upon completion of the standards.
Plan
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.
Components of plan
The plan described in paragraph (1) shall include—
a statement of the relative needs of each Bureau-funded home-living (dormitory) school;
projected future needs of each Bureau-funded home-living (dormitory) school;
detailed information on the status of each school in relation to the standards established under this section;
specific cost estimates for meeting each standard for each such school;
aggregate cost estimates for bringing all such schools into compliance with the criteria established under this section; and
specific timelines for bringing each school into compliance with such standards.
Waiver
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).
Inappropriate standards
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.
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.
Closure for failure to meet standards prohibited
No school in operation on or before (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.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Education Amendments of 1978
Pub. L. 95–561 title XI § 1122 · 92 Stat. 2143
Enacted · 25 U.S.C. § 2002
(Pub. L. 95–561, title XI, § 1122, as added Pub. L. 107–110, title X, § 1042, Jan. 8, 2002, 115 Stat. 2018.)
Source evidence
Code source credit
(Pub. L. 95–561, title XI, § 1122, as added Pub. L. 107–110, title X, § 1042, Jan. 8, 2002, 115 Stat. 2018.)Enacted provision · exact public law section
Sec. 1122. national criteria for dormitory situations (a) Boarding costs, study. 25 USC 2002. The Secretary, in consultation with the Assistant Secretary for Health, Education, and Welfare for Education, and in consultation with Indian organizations and tribes, shall conduct or cause to be conducted by contract with an Indian organization, a study of the costs applicable to boarding arrangements for Indian students provided in Bureau and contract schools, for the purpose of establishing national criterial for such dormitory situations. Such criteria shall include adult-child ratios, needs for counselors (including special needs related to off-reservation boarding arrangements), space, and privacy. (b) Distributions to tribes and publication in Federal Register. Within fifteen months of the date of enactment of this Act, the Secretary shall propose such criteria, and shall distribute such proposed criteria to the tribes and publish such proposed criteria in the Federal Register for the purpose of receiving comments from the trilies and other interested parties. Within eighteen months of the date of enactment of this Act, the Secretary shall establish final criteria, distribute such criteria to all the tribes, and publish such criteria in the Federal Register. The Secretary shall revise such criteria periodically as necessary. Prior to any revision of such criteria, the Secretary shall distribute such proposed revision to all the tribes, and publish such proposed revision in the Federal Register, for the purpose of receiving comments from the tribes and other interested parties. (c) The Secretary shall begin to implement the criteria established under this section immediately upon the date of their Plan, submittal to congressional committees. establishment. Within one year of such date, and at each time thereafter that the annual budget request for Bureau educational services is presented, the Secretary shall submit to the appropriate committees of Congress a detailed plan to bring all Bureau and contract boarding schools up to the criteria established under this section. Such plan shall include, but not be limited to. predictions for the relative need for each boarding school in the future, detailed information on the status of each school in relation to the criteria established under this section, specific cost estimates for meeting such criteria at each school, and specific time lines for bringing each school up to the level required by such criteria. (d) Appropriation authorization. There are hereby authorized to be appropriated such stuns as may be necessary in order to bring each school up to the level required by the criteria established under this section.
1 of 1 references resolved to an enrolled provision
Editorial Notes
Prior Provisions
A prior section 2002, Pub. L. 95–561, title XI, § 1122, as added Pub. L. 103–382, title III, § 381, , 108 Stat. 3984; amended Pub. L. 105–362, title VIII, § 801(c)(2), , 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, § 1122, , 92 Stat. 2318; Pub. L. 96–46, § 2(b)(5), , 93 Stat. 341; Pub. L. 96–88, title III, § 301(a)(1), title V, § 507, , 93 Stat. 677, 692; Pub. L. 100–297, title V, § 5105, , 102 Stat. 367, related to national criteria for dormitory situations, prior to the general amendment of this chapter by Pub. L. 103–382.
Statutory Notes and Related Subsidiaries
Effective Date
Section effective , 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.
Credits
(Pub. L. 95–561, title XI, § 1122, as added Pub. L. 107–110, title X, § 1042, , 115 Stat. 2018.)