§ 2002. National criteria for home-living situations
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(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.
(Pub. L. 95–561, title XI, § 1122, as added Pub. L. 107–110, title X, § 1042, Jan. 8, 2002, 115 Stat. 2018.)
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U.S. Code
statutes-at-large
- Public Law 95–561To extend and amend expiring elementary and secondary education programs, and for other purposes
- Public Law 105–362To eliminate unnecessary and wasteful Federal reports
- Public Law 100–297To improve elementary and secondary education, and for other purposes
- Public Law 96–46To make technical corrections and miscellaneous amendments in certain education laws contained in the Education Amendments of 1978, and for other purposes
- Public Law 107–110To close the achievement gap with accountability, flexibility, and choice, so that no child is left behind
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- Pub. L. 95–561, title XI, § 1122
- Pub. L. 107–110, title X, § 1042
- 115 Stat. 2018
- Pub. L. 103–382, title III, § 381
- 108 Stat. 3984
- Pub. L. 105–362, title VIII, § 801(c)(2)
- 112 Stat. 3288
- Pub. L. 107–110
- 92 Stat. 2318
- Pub. L. 96–46, § 2(b)(5)
- 93 Stat. 341
- Pub. L. 96–88, title III, § 301(a)(1)
- 93 Stat. 677
- Pub. L. 100–297, title V, § 5105
- 102 Stat. 367
- Pub. L. 103–382
- section 5 of Pub. L. 107–110
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§ 2002
National criteria for home-living situations
Fed. Reg.×6
Stat.×5
U.S.C.×2
Stat. Comp.×1
Pub. L.Pub. L. 95–561, title XI, § 1122
Pub. L.Pub. L. 107–110, title X, § 1042
Stat.115 Stat. 2018
Pub. L.Pub. L. 103–382, title III, § 381
Stat.108 Stat. 3984
Cites 19 · showing 7Cited by 14 across 4 sources