Title 25, IndiansRelease 119-110

§2002 National Criteria for Home-living Situations

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

Last updated Sep 22, 2026|Official source

Summary

The Secretary must work with the Secretary of Education, tribes, Indian organizations, and Bureau-funded schools to redo national standards for home-living (dormitory) situations. The updated rules must cover things like heating, lighting, cooling, adult-to-child ratios, counselor needs (including off-reservation dorms), therapy programs, space, and privacy. Bureau-run schools must follow the standards, and the rules act as minimum requirements for contract or grant schools. Any future changes must follow the process in section 2017. The Secretary must put the new standards into effect as soon as they are finished. The Secretary must also give Congress’s committees, the tribes, the affected schools, and the Federal Register a plan to bring every Bureau-funded dormitory school up to the new standards. The plan must show each school’s current and future needs, how each school measures up, cost estimates for each school and for all schools together, and timetables for meeting the standards. A tribal governing body or its local school board may waive standards if they are not right for their students, but must send the Director alternative standards within 60 days. The Director will adopt those alternatives unless rejected for good cause in writing. No school open on or before July 1, 1999 may be closed, moved, merged, or have major programs cut because it does not meet the standards.

Full Legal Text

Title 25, §2002

Indians, Source: USLM XML via OLRC

(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).
(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.

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 25, Indians

Last Updated

Sep 22, 2026

Release point: 119-110