§2505 — Title 25 Indians | U.S. Code

Summary

If the Secretary finds a tribally controlled school eligible for help, that decision stays in effect until the Secretary takes it away. Schools that get grants must file one annual report. The report must include a yearly financial statement, a financial audit under the Single Audit Act of 1984, a procurement compliance audit every two years, the number of students and a short description of programs, and a program evaluation by an impartial review team. Other tribally controlled schools and tribally controlled community college representatives can be on those review teams. Accredited schools are evaluated on the schedule of their accrediting agency. After the report is finished, the grantee must mail it to the tribal governing body by first class mail, return receipt requested. Within 30 days after the tribal governing body confirms it got the report, the grantee must send a copy to the Secretary. The Secretary cannot take away eligibility if the tribe files the required reports and one of several conditions is met: the school is accredited or a candidate for accreditation; the Secretary thinks the school will get accreditation within 3 years (the school stays under the Bureau standards in effect on January 8, 2002 until accredited, unless the accreditor’s standards conflict); the school is accredited by a tribal education department that is accepted by a regional or State agency; or, for schools without accreditation for reasons within their control, an agreed impartial evaluator gives a positive review every 3 years under standards created under an earlier contract. Before revoking eligibility or reassuming control, the Secretary must give notice of specific problems and actions needed, allow time to fix them, provide technical help, and, if requested, offer a hearing on the record and an appeal.

Title 25, §2505

Indians — Source: USLM XML via OLRC

(a)If the Secretary determines that a tribally controlled school is eligible for assistance under this chapter, the eligibility determination shall remain in effect until the determination is revoked by the Secretary, and the requirements of subsection (b) or (c) of section 2504 of this title, if applicable, shall be considered to have been met with respect to such school until the eligibility determination is revoked by the Secretary.

(b)(1)Each recipient of a grant provided under this chapter shall complete an annual report which shall be limited to—

(A)an annual financial statement reporting revenue and expenditures as defined by the cost accounting established by the grantee;

(B)an annual financial audit conducted pursuant to the standards of the Single Audit Act of 1984 [31 U.S.C. 7501 et seq.];

(C)a biennial compliance audit of the procurement of personal property during the period for which the report is being prepared that shall be in compliance with written procurement standards that are developed by the local school board;

(D)an annual submission to the Secretary of the number of students served and a brief description of programs offered under the grant; and

(E)a program evaluation conducted by an impartial evaluation review team, to be based on the standards established for purposes of subsection (c)(1)(A)(ii).11 So in original. Probably should be subsection “(c)(1)(B)(ii).”

(2)Where appropriate, other tribally controlled schools and representatives of tribally controlled community colleges shall make up members of the evaluation review teams.

(3)In the case of a school which is accredited, evaluations will be conducted at intervals under the terms of accreditation.

(4)(A)Upon completion of the report required under paragraph (1), the recipient of the grant shall send (via first class mail, return receipt requested) a copy of such annual report to the tribal governing body (as defined in section 2012(f) of this title) of the tribally controlled school.

(B)Not later than 30 days after receiving written confirmation that the tribal governing body has received the report sent pursuant to subparagraph (A), the recipient of the grant shall send a copy of the report to the Secretary.

(c)(1)The Secretary shall not revoke a determination that a school is eligible for assistance under this chapter if—

(A)the Indian tribe or tribal organization submits the reports required under subsection (b) with respect to the school; and

(B)at least one of the following clauses applies with respect to the school:

(i)The school is certified or accredited by a State or regional accrediting association or is a candidate in good standing for such accreditation under the rules of the State or regional accrediting association, showing that credits achieved by the students within the education programs are, or will be, accepted at grade level by a State certified or regionally accredited institution.

(ii)The Secretary determines that there is a reasonable expectation that the certification or accreditation described in clause (i), or candidacy in good standing for such certification or accreditation, will be achieved by the school within 3 years. The school seeking accreditation shall remain under the standards of the Bureau in effect on January 8, 2002, until such time as the school is accredited, except that if the Bureau standards are in conflict with the standards of the accrediting agency, the standards of such agency shall apply in such case.

(iii)The school is accredited by a tribal department of education if such accreditation is accepted by a generally recognized regional or State accreditation agency.

(iv)(I)With respect to a school that lacks accreditation, or that is not a candidate for accreditation, based on circumstances that are not beyond the control of the school board, every 3 years an impartial evaluator agreed upon by the Secretary and the grant recipient conducts evaluations of the school, and the school receives a positive assessment under such evaluations. The evaluations are conducted under standards adopted by a contractor under a contract for the school entered into under the Indian Self-Determination and Education Assistance Act [25 U.S.C. 5301 et seq.] (or revisions of such standards agreed to by the Secretary and the grant recipient) prior to January 8, 2002.

(II)If the Secretary and a grant recipient other than a tribal governing body fail to agree on such an evaluator, the tribal governing body shall choose the evaluator or perform the evaluation. If the Secretary and a grant recipient that is a tribal governing body fail to agree on such an evaluator, subclause (I) shall not apply.

(III)A positive assessment by an impartial evaluator under this clause shall not affect the revocation of a determination of eligibility by the Secretary where such revocation is based on circumstances that were within the control of the school board.

(2)The Secretary shall not revoke a determination that a school is eligible for assistance under this chapter, or reassume control of a school that was a Bureau school prior to approval of an application submitted under section 2505(b)(1)(A) 22 So in original. Probably should be section “2504(b)(1)(A)”. of this title until the Secretary—

(A)provides notice to the tribally controlled school and the tribal governing body (within the meaning of section 2021 of this title) of the tribally controlled school which states—

(i)the specific deficiencies that led to the revocation or resumption determination; and

(ii)the actions that are needed to remedy such deficiencies; and

(B)affords such authority an opportunity to effect the remedial actions.

(3)The Secretary shall provide such technical assistance to enable the school and governing body to carry out such remedial actions.

(4)In addition to notice and technical assistance under this subsection, the Secretary shall provide to the school and governing body—

(A)at the request of the school or governing body, a hearing on the record regarding the revocation or reassumption determination, to be conducted under the rules and regulations described in section 2505(f)(1)(C) 33 So in original. Probably should be section “2504(f)(1)(C)”. of this title; and

(B)an opportunity to appeal the decision resulting from the hearing.

(d)With respect to a tribally controlled school that receives assistance under this chapter pursuant to an election made under section 2507(b) of this title—

(1)subsection (b) of this section shall apply; and

(2)the Secretary may not revoke eligibility for assistance under this chapter except in conformance with subsection (c) of this section.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Single Audit Act of 1984, referred to in subsec. (b)(1)(B), is Pub. L. 98–502, Oct. 19, 1984, 98 Stat. 2327, which enacted chapter 75 (§ 7501 et seq.) of Title 31, Money and Finance, and provisions set out as notes under section 7501 of Title 31. For complete classification of this Act to the Code, see

Short Title

of 1984 Amendment note set out under section 7501 of Title 31 and Tables. The Indian Self-Determination and Education Assistance Act, referred to in subsec. (c)(1)(B)(iv)(I), is Pub. L. 93–638, Jan. 4, 1975, 88 Stat. 2203, which is classified principally to chapter 46 (§ 5301 et seq.) of this title. For complete classification of this Act to the Code, see

Short Title

note set out under section 5301 of this title and Tables.

Prior Provisions

A prior section 2505, Pub. L. 100–297, title V, § 5206, Apr. 28, 1988, 102 Stat. 388; Pub. L. 100–427, § 11, Sept. 9, 1988, 102 Stat. 1608; Pub. L. 105–362, title VIII, § 801(d), Nov. 10, 1998, 112 Stat. 3288, related to eligibility for grants, prior to repeal by Pub. L. 107–110, title X, § 1043, Jan. 8, 2002, 115 Stat. 2063. See section 2504 of this title.Q04

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.

§2505 Duration of Eligibility Determination

Summary

Title 25, §2505

Notes & Related Subsidiaries

Editorial Notes

References in Text

Short Title

Short Title

Prior Provisions

Statutory Notes and Related Subsidiaries

Effective Date

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