25 U.S. Code § 2505 - Duration of eligibility determination
(a) In general
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) ofsection 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) Annual reports
(1) In general
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)  of this section.
(2) Evaluation review teams
Where appropriate, other tribally controlled schools and representatives of tribally controlled community colleges shall make up members of the evaluation review teams.
In the case of a school which is accredited, evaluations will be conducted at intervals under the terms of accreditation.
(4) Submission of report
(A) To tribal governing body
(c) Revocation of eligibility
(1) Determination of eligibility for assistance
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) of this section 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.
(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. 450 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.
(2) Notice requirements for revocation
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)  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—
(3) Technical assistance
The Secretary shall provide such technical assistance to enable the school and governing body to carry out such remedial actions.
(4) Hearing and appeal
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)  of this title; and
(d) Applicability of section pursuant to election under section 2507(b)
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—
 So in original. Probably should be subsection “(c)(1)(B)(ii)”.
 So in original. Probably should be section “2504(b)(1)(A)”.
 So in original. Probably should be section “2504(f)(1)(C)”.
Source(Pub. L. 100–297, title V, § 5206, as added Pub. L. 107–110, title X, § 1043,Jan. 8, 2002, 115 Stat. 2072.)
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, as amended, which is classified principally to subchapter II (§ 450 et seq.) of chapter 14 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 450 of this title and Tables.
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.
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