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25 U.S.C. § 2503 — Composition of grants

Federal law — U.S. Code and appendices · legal_authorities

25 U.S.C. § 2503 — Composition of grants

**(a) In general** The grant provided under this chapter to an Indian tribe or tribal organization for any fiscal year shall consist of— (1) the total amount of funds allocated for such fiscal year under sections 1127 and 1128 of the Education Amendments of 1978 [[25 U.S.C. 2007](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section2007&num=0&edition=prelim), 2008] with respect to the tribally controlled schools eligible for assistance under this chapter which are operated by such Indian tribe or tribal organization, including, but not limited to, funds provided under such sections, or under any other provision of law, for transportation costs; (2) to the extent requested by such Indian tribe or tribal organization, the total amount of funds provided from operations and maintenance accounts and, notwithstanding [section 5324 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section5324&num=0&edition=prelim), or any other provision of law, other facilities accounts for such schools for such fiscal year (including but not limited to those referenced under section 1126(d) of the Education Amendments of 1978 [[25 U.S.C. 2006(d)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section2006/d&num=0&edition=prelim)] or any other law); and (3) the total amount of funds that are allocated to such schools for such fiscal year under— (A) title I of the Elementary and Secondary Education Act of 1965 [[20 U.S.C. 6301](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section6301&num=0&edition=prelim) et seq.]; (B) the Individuals with Disabilities Education Act [[20 U.S.C. 1400](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1400&num=0&edition=prelim)

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Source location: Title 25, Chapter 27, § 2503; chapter-027-tribally-controlled-school-grants.md

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**(a) In general** The grant provided under this chapter to an Indian tribe or tribal organization for any fiscal year shall consist of— (1) the total amount of funds allocated for such fiscal year under sections 1127 and 1128 of the Education Amendments of 1978 [[25 U.S.C. 2007](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section2007&num=0&edition=prelim), 2008] with respect to the tribally controlled schools eligible for assistance under this chapter which are operated by such Indian tribe or tribal organization, including, but not limited to, funds provided under such sections, or under any other provision of law, for transportation costs; (2) to the extent requested by such Indian tribe or tribal organization, the total amount of funds provided from operations and maintenance accounts and, notwithstanding [section 5324 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section5324&num=0&edition=prelim), or any other provision of law, other facilities accounts for such schools for such fiscal year (including but not limited to those referenced under section 1126(d) of the Education Amendments of 1978 [[25 U.S.C. 2006(d)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section2006/d&num=0&edition=prelim)] or any other law); and (3) the total amount of funds that are allocated to such schools for such fiscal year under— (A) title I of the Elementary and Secondary Education Act of 1965 [[20 U.S.C. 6301](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section6301&num=0&edition=prelim) et seq.]; (B) the Individuals with Disabilities Education Act [[20 U.S.C. 1400](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1400&num=0&edition=prelim) et seq.]; and (C) any other Federal education law, that are allocated to such schools for such fiscal year.11 So in original. The words “, that are allocated to such schools for such fiscal year” probably should not appear. **(b) Special rules** (1) **In general** (A) *Applicability of certain laws* — Funds allocated to a tribally controlled school by reason of paragraph (1) or (2) of subsection (a) shall be subject to the provisions of this chapter and shall not be subject to any additional restriction, priority, or limitation that is imposed by the Bureau with respect to funds provided under— (i) title I of the Elementary and Secondary Education Act of 1965 [[20 U.S.C. 6301](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section6301&num=0&edition=prelim) et seq.]; (ii) the Individuals with Disabilities Education Act [[20 U.S.C. 1400](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1400&num=0&edition=prelim) et seq.]; or (iii) any Federal education law other than title XI of the Education Amendments of 1978 [[25 U.S.C. 2000](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section2000&num=0&edition=prelim) et seq.]. (B) *Applicability of Bureau provisions* — Indian tribes and tribal organizations to which grants are provided under this chapter, and tribally controlled schools for which such grants are provided, shall not be subject to any requirements, obligations, restrictions, or limitations imposed by the Bureau that would otherwise apply solely by reason of the receipt of funds provided under any law referred to in clause (i), (ii), or (iii) of subparagraph (A). (2) **Schools considered contract schools** — Tribally controlled schools for which grants are provided under this chapter shall be treated as contract schools for the purposes of allocation of funds under sections 1126(e), 1127, and 1128 of the Education Amendments of 1978 [[25 U.S.C. 2006(e)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section2006/e&num=0&edition=prelim), 2007, 2008]. (3) **Schools considered Bureau schools** — Tribally controlled schools for which grants are provided under this chapter shall be treated as Bureau schools for the purposes of allocation of funds provided under— (A) title I of the Elementary and Secondary Education Act of 1965 [[20 U.S.C. 6301](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section6301&num=0&edition=prelim) et seq.]; (B) the Individuals with Disabilities Education Act [[20 U.S.C. 1400](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1400&num=0&edition=prelim) et seq.]; and (C) any other Federal education law, that are distributed through the Bureau. (4) **Accounts; use of certain funds** (A) *Separate account* (i) *In general* — Notwithstanding section 2503(a)(2) 22 So in original. Probably should be “2502(a)(2)”. of this title, with respect to funds from facilities improvement and repair, alteration and renovation (major or minor), health and safety, or new construction accounts included in the grant provided under section 2503(a) 33 So in original. Probably should be “2502(a)”. of this title, the grant recipient shall maintain a separate account for such funds. (ii) *Submission of accounting* — At the end of the period designated for the work covered by the funds received, the grant recipient shall submit to the Secretary a separate accounting of the work done and the funds expended. (iii) *Use of funds* — Funds received from those accounts may only be used for the purpose for which the funds were appropriated and for the work encompassed by the application or submission for which the funds were received. (iv) *Completion of project* — Upon completion of a project for which a separate account is established under this paragraph, the portion of the grant related to such project may be closed out upon agreement by the grantee and the Secretary. (B) *Requirements for projects* (i) *Regulatory requirements* — With respect to a grant to a tribally controlled school under this chapter for new construction or facilities improvements and repair in excess of $100,000, such grant shall be subject to the Administrative and Audit Requirements and Cost Principles for Assistance Programs contained in part 12 of title 43, Code of Federal Regulations. (ii) *Exception* — Notwithstanding clause (i), grants described in such clause shall not be subject to section 12.61 of title 43, Code of Federal Regulations. The Secretary and the grantee shall negotiate and determine a schedule of payments for the work to be performed. (iii) *Applications* — In considering applications for a grant described in clause (i), the Secretary shall consider whether the Indian tribe or tribal organization involved would be deficient in ensuring that the construction projects under the proposed grant conform to applicable building standards and codes and Federal, tribal, or State health and safety standards as required under section 1124 of the Education Amendments of 1978 ([25 U.S.C. 2005(a)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section2005/a&num=0&edition=prelim)) 44 See References in Text note below. with respect to organizational and financial management capabilities. (iv) *Disputes* — Any disputes between the Secretary and any grantee concerning a grant described in clause (i) shall be subject to the dispute provisions contained in section 2508(e) 55 So in original. Probably should be “2507(e)”. of this title. (C) *New construction* — Notwithstanding subparagraph (A), a school receiving a grant under this chapter for facilities improvement and repair may use such grant funds for new construction if the tribal governing body or tribal organization that submits the application for the grant provides funding for the new construction equal to at least 25 percent of the total cost of such new construction. (D) *Period* — In a case in which the appropriations measure under which the funds described in subparagraph (A) are made available or the application submitted for the funds does not stipulate a period for the work covered by the funds, the Secretary and the grant recipient shall consult and determine such a period prior to the transfer of the funds. A period so determined may be extended upon mutual agreement of the Secretary and the grant recipient. (5) **Enforcement of request to include funds** (A) *In general* — If the Secretary fails to carry out a request filed by an Indian tribe or tribal organization to include in such tribe 66 So in original. Probably should be “tribe’s”. or organization’s grant under this chapter the funds described in subsection (a)(2) within 180 days after the filing of the request, the Secretary shall— (i) be deemed to have approved such request; and (ii) immediately upon the expiration of such 180-day period amend the grant accordingly. (B) *Rights* — A tribe or organization described in subparagraph (A) may enforce its rights under subsection (a)(2) and this paragraph, including rights relating to any denial or failure to act on such tribe’s or organization’s request, pursuant to the dispute authority described in section 2508(e) 5 of this title.

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Federal law — U.S. Code and appendices · legal_authorities

20 U.S.C. § 1400 — Short title; findings; purposes

**(a) Short title** This chapter may be cited as the “Individuals with Disabilities Education Act”. **(b) Omitted** **(c) Findings** Congress finds the following: (1) Disability is a natural part of the human experience and in no way diminishes the right of individuals to participate in or contribute to society. Improving educational results for children with disabilities is an essential element of our national policy of ensuring equality of opportunity, full participation, independent living, and economic self-sufficiency for individuals with disabilities. (2) Before the date of enactment of the Education for All Handicapped Children Act of 1975 (Public Law 94–142), the educational needs of millions of children with disabilities were not being fully met because— (A) the children did not receive appropriate educational services; (B) the children were excluded entirely from the public school system and from being educated with their peers; (C) undiagnosed disabilities prevented the children from having a successful educational experience; or (D) a lack of adequate resources within the public school system forced families to find services outside the public school system. (3) Since the enactment and implementation of the Education for All Handicapped Children Act of 1975, this chapter has been successful in ensuring children with disabilities and the families of such children access to a free appropriate public education and in improving educational results for children with disabilities. (4) However, the implementation of this chapter has been impeded by low expectations, and an insufficient focus on applying replicable research on proven methods of teaching and learning for children with disabilities. (5) Almost 30 years of research and experience has

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Federal law — U.S. Code and appendices · legal_authorities

20 U.S.C. § 1400 — Short title; findings; purposes

§ 1400. Short title; findings; purposes (a) Short title This chapter may be cited as the ‘‘Individuals with Disabilities Education Act’’. (b) Omitted (c) Findings Congress finds the following: (1) Disability is a natural part of the human experience and in no way diminishes the right of individuals to participate in or contribute to society. Improving educational results for children with disabilities is an essential ele- ment of our national policy of ensuring equal- Page 928 TITLE 20—EDUCATION § 1400 ity of opportunity, full participation, inde- pendent living, and economic self-sufficiency for individuals with disabilities. (2) Before the date of enactment of the Edu- cation for All Handicapped Children Act of 1975 (Public Law 94–142), the educational needs of millions of children with disabilities were not being fully met because— (A) the children did not receive appro- priate educational services; (B) the children were excluded entirely from the public school system and from being educated with their peers; (C) undiagnosed disabilities prevented the children from having a successful edu- cational experience; or (D) a lack of adequate resources within the public school system forced families to find services outside the public school system. (3) Since the enactment and implementation of the Education for All Handicapped Children Act of 1975, this chapter has been successful in ensuring children with disabilities and the families of such children access to a free ap- propriate public education and in improving educational results for children with disabil- ities. (4) However, the implementation of this chapter has been impeded by low expectations, and an insufficient focus on applying replicable research on proven methods of t

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Federal law — U.S. Code and appendices · legal_authorities

20 U.S.C. § 6301 — Agreements and records

**(a) Agreements** In any case in which a negotiated rulemaking process is established under [section 6571(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section6571/b&num=0&edition=prelim), all published proposed regulations shall conform to agreements that result from the rulemaking described in [section 6571 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section6571&num=0&edition=prelim) unless the Secretary reopens the negotiated rulemaking process. **(b) Records** The Secretary shall ensure that an accurate and reliable record of agreements reached during the negotiations process is maintained.

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Federal law — U.S. Code and appendices · legal_authorities

20 U.S.C. § 6301 — Statement of purpose

§ 6301. Statement of purpose The purpose of this subchapter is to provide all children significant opportunity to receive a fair, equitable, and high-quality education, and to close educational achievement gaps. (Pub. L. 89–10, title I, § 1001, as added Pub. L. 107–110, title I, § 101, Jan. 8, 2002, 115 Stat. 1439; amended Pub. L. 114–95, title I, § 1001, Dec. 10, 2015, 129 Stat. 1814.) Editorial Notes PRIOR PROVISIONS A prior section 6301, Pub. L. 89–10, title I, § 1001, as added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3519, declared policy and stated purpose of this sub- chapter, prior to the general amendment of this sub- chapter by Pub. L. 107–110. A prior section 1001 of Pub. L. 89–10 was classified to section 2701 of this title, prior to the general amend- ment of Pub. L. 89–10 by Pub. L. 103–382. Another prior section 1001 of Pub. L. 89–10 was renum- bered section 9001 and was classified to section 3381 of this title, prior to the general amendment of Pub. L. 89–10 by Pub. L. 103–382. AMENDMENTS 2015—Pub. L. 114–95 amended section generally. Prior to amendment, section set forth purpose of subchapter and included provisions relating to how this purpose could be accomplished. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2015 AMENDMENT Pub. L. 114–95, § 5, Dec. 10, 2015, 129 Stat. 1806, provided that: ‘‘(a) IN GENERAL.—Except as otherwise provided in this Act [see Tables for classification], or an amend- ment made by this Act, this Act, and the amendments made by this Act, shall be effective upon the date of en- actment of this Act [Dec. 10, 2015]. ‘‘(b) NONCOMPETITIVE PROGRAMS.—With respect to noncompetitive programs under the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq) and

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Federal law — U.S. Code and appendices · legal_authorities

25 U.S.C. § 2000 — Declaration of policy

Congress declares that the Federal Government has the sole responsibility for the operation and financial support of the Bureau of Indian Affairs funded school system that it has established on or near Indian reservations and Indian trust lands throughout the Nation for Indian children. It is the policy of the United States to fulfill the Federal Government’s unique and continuing trust relationship with and responsibility to the Indian people for the education of Indian children and for the operation and financial support of the Bureau of Indian Affairs-funded school system to work in full cooperation with tribes toward the goal of ensuring that the programs of the Bureau of Indian Affairs-funded school system are of the highest quality and provide for the basic elementary and secondary educational needs of Indian children, including meeting the unique educational and cultural needs of those children.

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Federal law — U.S. Code and appendices · legal_authorities

25 U.S.C. § 2000 — Declaration of policy

§ 2000. Declaration of policy Congress declares that the Federal Govern- ment has the sole responsibility for the oper- ation and financial support of the Bureau of In- dian Affairs funded school system that it has es- tablished on or near Indian reservations and In- dian trust lands throughout the Nation for In- dian children. It is the policy of the United States to fulfill the Federal Government’s unique and continuing trust relationship with and responsibility to the Indian people for the education of Indian children and for the oper- ation and financial support of the Bureau of In- dian Affairs-funded school system to work in full cooperation with tribes toward the goal of ensuring that the programs of the Bureau of In- dian Affairs-funded school system are of the highest quality and provide for the basic ele- mentary and secondary educational needs of In- dian children, including meeting the unique edu- cational and cultural needs of those children. (Pub. L. 95–561, title XI, § 1120, as added Pub. L. 107–110, title X, § 1042, Jan. 8, 2002, 115 Stat. 2007.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Jan. 8, 2002, except with respect to certain noncompetitive programs and competitive pro- grams, see section 5 of Pub. L. 107–110, set out as a note under section 6301 of Title 20, Education. SHORT TITLE OF 2002 AMENDMENT Pub. L. 107–110, title X, § 1041, Jan. 8, 2002, 115 Stat. 2007, provided that: ‘‘This part [part D (§§ 1041–1045) of title X of Pub. L. 107–110, enacting this chapter and sec- tions 2501 to 2511 of this title, amending section 13d–2 of this title, and repealing former sections 2501 to 2511 of this title] may be cited as the ‘Native American Edu- cation Improvement Act of 2001’.’’ SHORT TITLE OF 1988 A

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Federal law — U.S. Code and appendices · legal_authorities

25 U.S.C. § 2006 — Bureau of Indian Affairs education functions

**(a) Formulation and establishment of policy and procedure; supervision of programs and expenditures** The Secretary shall vest in the Assistant Secretary for Indian Affairs all functions with respect to formulation and establishment of policy and procedure and supervision of programs and expenditures of Federal funds for the purpose of Indian education administered by the Bureau. The Assistant Secretary shall carry out such functions through the Director of the Office of Indian Education Programs. **(b) Direction and supervision of personnel operations** (1) **In general** — Not later than 180 days after January 8, 2002, the Director of the Office shall direct and supervise the operations of all personnel directly and substantially involved in the provision of education program services by the Bureau, including school or institution custodial or maintenance personnel, and personnel responsible for contracting, procurement, and finance functions connected with school operation programs. (2) **Transfers** — The Assistant Secretary for Indian Affairs shall, not later than 180 days after January 8, 2002, coordinate the transfer of functions relating to procurements for, contracts of, operation of, and maintenance of schools and other support functions to the Director. **(c) Inherent Federal function** For purposes of this Act, all functions relating to education that are located at the Area or Agency level and performed by an education line officer shall be subject to contract under the Indian Self-Determination and Education Assistance Act [[25 U.S.C. 5301](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section5301&num=0&edition=prelim) et seq.], unless determined by the Secretary to be inherently Federal functions as defined in [section 2021(12

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Federal law — U.S. Code and appendices · legal_authorities

25 U.S.C. § 2006 — Bureau of Indian Affairs education func-

§ 2006. Bureau of Indian Affairs education func- tions (a) Formulation and establishment of policy and procedure; supervision of programs and ex- penditures The Secretary shall vest in the Assistant Sec- retary for Indian Affairs all functions with re- spect to formulation and establishment of policy and procedure and supervision of programs and expenditures of Federal funds for the purpose of Indian education administered by the Bureau. The Assistant Secretary shall carry out such functions through the Director of the Office of Indian Education Programs. (b) Direction and supervision of personnel oper- ations (1) In general Not later than 180 days after January 8, 2002, the Director of the Office shall direct and su- pervise the operations of all personnel directly and substantially involved in the provision of education program services by the Bureau, in- cluding school or institution custodial or maintenance personnel, and personnel respon- sible for contracting, procurement, and fi- nance functions connected with school oper- ation programs. (2) Transfers The Assistant Secretary for Indian Affairs shall, not later than 180 days after January 8, 2002, coordinate the transfer of functions re- lating to procurements for, contracts of, oper- ation of, and maintenance of schools and other support functions to the Director. (c) Inherent Federal function For purposes of this Act, all functions relating to education that are located at the Area or Agency level and performed by an education line officer shall be subject to contract under the In- dian Self-Determination and Education Assist- ance Act [25 U.S.C. 5301 et seq.], unless deter- mined by the Secretary to be inherently Federal functions as defined in section 2021(12) of this title. (d)

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Federal law — U.S. Code and appendices · legal_authorities

25 U.S.C. § 2007 — Allotment formula

**(a) Factors considered; revision to reflect standards** (1) **Formula** — The Secretary shall establish, by regulation adopted in accordance with [section 2017 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section2017&num=0&edition=prelim), a formula for determining the minimum annual amount of funds necessary to sustain each Bureau-funded school. In establishing such formula, the Secretary shall consider— (A) the number of eligible Indian students served and total student population of the school; (B) special cost factors, such as— (i) the isolation of the school; (ii) the need for special staffing, transportation, or educational programs; (iii) food and housing costs; (iv) maintenance and repair costs associated with the physical condition of the educational facilities; (v) special transportation and other costs of isolated and small schools; (vi) the costs of home-living (dormitory) arrangements, where determined necessary by a tribal governing body or designated school board; (vii) costs associated with greater lengths of service by education personnel; (viii) the costs of therapeutic programs for students requiring such programs; and (ix) special costs for gifted and talented students; (C) the cost of providing academic services which are at least equivalent to those provided by public schools in the State in which the school is located; (D) whether the available funding will enable the school involved to comply with the accreditation standards applicable to the school under [section 2001 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section2001&num=0&edition=prelim); and (E) such other relevant factors as the Secretary determin

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Federal law — U.S. Code and appendices · legal_authorities

25 U.S.C. § 2007 — Allotment formula

§ 2007. Allotment formula (a) Factors considered; revision to reflect stand- ards (1) Formula The Secretary shall establish, by regulation adopted in accordance with section 2017 of this title, a formula for determining the minimum annual amount of funds necessary to sustain each Bureau-funded school. In establishing such formula, the Secretary shall consider— (A) the number of eligible Indian students served and total student population of the school; (B) special cost factors, such as— (i) the isolation of the school; (ii) the need for special staffing, trans- portation, or educational programs; (iii) food and housing costs; (iv) maintenance and repair costs associ- ated with the physical condition of the educational facilities; (v) special transportation and other costs of isolated and small schools; (vi) the costs of home-living (dormitory) arrangements, where determined nec- essary by a tribal governing body or des- ignated school board; (vii) costs associated with greater lengths of service by education personnel; (viii) the costs of therapeutic programs for students requiring such programs; and (ix) special costs for gifted and talented students; (C) the cost of providing academic services which are at least equivalent to those pro- vided by public schools in the State in which the school is located; (D) whether the available funding will en- able the school involved to comply with the accreditation standards applicable to the school under section 2001 of this title; and (E) such other relevant factors as the Sec- retary determines are appropriate. (2) Revision of formula (A) In general Upon the establishment of the standards required in section 2002 of this title, the Sec- retary shall revise the formula established und

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