§2010 Uniform direct funding and support

Summary

The Secretary must create rules to give money directly to all Bureau-funded schools and follow the allotment rules in section 2007. Money that is appropriated for a year becomes available for schools to spend on July 1 of that year and stays available through the next fiscal year. By July 1 the Secretary must publish the amounts that equal 80% of those allotments, and by September 30 must publish the amounts from the remaining 20% adjusted for actual student attendance. If a school is overpaid, the extra money must be returned within 30 days after the overpayment is finally found. A Bureau school supervisor may buy items without competitive bids up to $50,000 total for the school, as long as no single item costs more than $15,000, the school board approves, the supervisor says the price is fair, the purchase paperwork cites this rule, and the purchase is logged. The Secretary had to notify local supervisors within 6 months after January 8, 2002, and the Office Director must authorize people to use this buying rule, make sure at least one person at each facility can do it, and provide guidance and training. If a budget cut called a sequestration cuts allotments by more than 7% from the prior year, the Secretary may use money from closed or cut-back schools or programs to cover allotments and may waive certain rules about school closures or consolidations for that year. Each Bureau-operated school must make a local financial plan showing how it will spend its allotment and meet accreditation standards. The plan must follow federal and tribal law and be written by the supervisor with the local school board. The school board can approve, reject, or change the plan. The supervisor must carry out board decisions, give union representatives copies of proposed plans and changes, and may appeal board actions to the Bureau education line officer. The board gets a copy of any appeal and can answer; the line officer can overturn the board for good cause and must send a written decision. The Secretary may approve funding for tribal education offices and tribal education codes under section 5322(a). Local school boards can ask for technical help and the Secretary should provide it when possible. Schools may include summer academic or support programs in their plans, including substance-abuse prevention, and must be allowed to use school facilities when requested. If a tribe asks, the Secretary must put in place cooperative agreements among the tribe, the Bureau, the local school board, and a local public school district to coordinate academics, support services, and transportation; such agreements must benefit the Bureau school in proportion to its burden but need not be an equal exchange. If superintendent and board agree, a student can keep the product of a major student project. Funds a Bureau school gets for education (not for buildings or facilities) are not treated as Federal money for matching requirements, and grant-makers must not favor or penalize applications just because of that.