Title 25IndiansRelease 119-73

§2002 National criteria for home-living situations

Title 25 › Chapter CHAPTER 22— - BUREAU OF INDIAN AFFAIRS PROGRAMS › § 2002

Last updated Apr 6, 2026|Official source

Summary

The Secretary must update national rules for school dormitories after talking with the Secretary of Education, Indian tribes and groups, and Bureau-funded schools. The rules must cover things like heating, lighting, cooling, adult-to-child ratios, need for counselors (including off-reservation issues), therapy programs, space, and privacy. Bureau-run schools must follow the rules, and contract or grant schools must meet them as minimums. Any future changes must follow the procedures in section 2017. The Secretary must put the new rules into effect as soon as they are finished. The Secretary must also send and publish a detailed plan to the appropriate committees of Congress, the tribes, and the affected schools in the Federal Register. The plan must show each school’s current and future needs, its status compared to the rules, cost estimates for each standard for each school, total cost to fix all schools, and a timeline for each school. A tribal governing body or a local school board chosen by the tribe can waive all or part of the rules if they are not right for the tribe’s students. Within 60 days of granting a waiver, that body must give the Director an alternative-standards proposal. The Director must accept the alternatives unless the Director rejects them for good cause in writing to the tribes or local school board. No school that was operating on or before July 1, 1999 may be closed, transferred to another authority, merged with another school, or have its program sharply cut just because it did not meet these rules.

Full Legal Text

Title 25, §2002

Indians — Source: USLM XML via OLRC

(a)(1)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)Such standards shall be implemented in Bureau-operated schools, and shall serve as minimum standards for contract or grant schools.
(3)Once established, any revisions of such standards shall be developed according to the requirements established under section 2017 of this title.
(b)The Secretary shall implement the revised standards established under this section immediately upon completion of the standards.
(c)(1)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)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)(1)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).
(2)(A)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)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)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.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

A prior section 2002, Pub. L. 95–561, title XI, § 1122, as added Pub. L. 103–382, title III, § 381, Oct. 20, 1994, 108 Stat. 3984; amended Pub. L. 105–362, title VIII, § 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, § 1122, Nov. 1, 1978, 92 Stat. 2318; Pub. L. 96–46, § 2(b)(5), Aug. 6, 1979, 93 Stat. 341; Pub. L. 96–88, title III, § 301(a)(1), title V, § 507, Oct. 17, 1979, 93 Stat. 677, 692; Pub. L. 100–297, title V, § 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.

Statutory Notes and Related Subsidiaries

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.

Reference

Citations & Metadata

Citation

25 U.S.C. § 2002

Title 25Indians

Last Updated

Apr 6, 2026

Release point: 119-73