§2010 Uniform Direct Funding and Support

Summary

Creates a system for direct funding and support of all Bureau-funded schools. The Secretary must make rules for how money is given out and follow the allotment method in section 2007. Money appropriated for a fiscal year becomes available to schools on July 1 of that year and can be spent through the next fiscal year. By July 1 the Secretary must publish the amounts equal to 80% of those allotments for each school, and by September 30 must publish the remaining 20% adjusted for actual student attendance. Any overpayment to a tribal school must be returned within 30 days after it is finally found. A Bureau school supervisor may, without competitive bidding, spend up to $50,000 total from allotted or related operation funds for supplies, equipment, maintenance, and services, so long as no single purchase is over $15,000, the school board approves, the supervisor certifies a fair price, the paperwork cites this authority, and the purchase is logged in the school journal. Within 6 months after January 8, 2002, the Secretary had to notify supervisors and certain officials about these rules. The Office Director must decide how these rules apply, authorize individuals to use them, keep at least one authorized person at each Bureau facility, and provide guidelines and training. If a sequestration order cuts allotments under section 2007 by more than 7% compared to the prior year, the Secretary may use funds from closed or curtailed schools or programs to meet allotments and may waive certain closure or consolidation rules if those funds are used for allotments. Each Bureau-operated school that gets an allotment must make a local financial plan saying how the money will be spent and how the school will meet accreditation standards. The plan must follow Federal and tribal law. The supervisor makes the plan with active input from the local school board. The board can approve, reject, or change the plan and can later revise it. The supervisor must carry out board decisions, give proposed plans and changes to the local union rep and the board, and may appeal board actions in writing to the appropriate education line officer. Appeals are shared with the board and can be overturned for good cause, with a written opinion sent to both. The Secretary may approve funding for tribal education divisions and tribal education codes. Local boards can ask for technical help and training, and the Secretary must provide these services as much as possible. A school’s plan may include a summer academic and support program, including prevention activities, and the Assistant Secretary must allow requested summer use of school facilities and provide technical help and coordination. The Secretary must implement cooperative agreements among tribes, the Bureau, the local school board, and a local public district if requested; such agreements can coordinate curriculum, support services, and transportation, and must give the Bureau school a benefit matching its burden. Student project results can be given to students if the superintendent and school board agree. Funds a Bureau-funded school receives under this chapter for education (not including construction or facilities) are not treated as Federal funds for purposes of matching requirements, and grantmakers may not favor or penalize applications just because of that rule.