corrective action
(8) Corrective action (A) Definition In this subsection, the term “corrective action” means any action that— (i) substantially and directly responds to— (I) the failure of a school to achieve accreditation; and (II) any underlying staffing, curriculum, or other programmatic problem in the school that contributed to the lack of accreditation; and (ii) is designed to increase substantially the likelihood that the school will be accredited. (B) Waiver The Secretary shall grant a waiver which shall exempt a school from any or all of the requirements of this paragraph and paragraph (7) (though such school shall be required to comply with the standards contained in part 36 of title 25, Code of Federal Register, as in effect on January 8, 2002 ) if the school— (i) is identified in the report described in paragraph (5)(C); and (ii) fails to be accredited for reasons that are beyond the control of the school board, as determined by the Secretary, including, but not limited to— (I) a significant decline in financial resources; (II) the poor condition of facilities, vehicles, or other property; and (III) a natural disaster. (C) Duties of Secretary After providing assistance to a school under paragraph (3), the Secretary shall— (i) annually review the progress of the school under the applicable school plan to determine whether the school is meeting, or making adequate progress toward achieving the goals described in paragraph (7)(A)(v) with respect to reaccreditation or becoming a candidate for accreditation; (ii) except as provided in subparagraph (B), continue to provide assistance while implementing the school’s plan, and, if determined appropriate by the Secretary, take corrective action with respect to the school if it fails to be accredited at the end of the third full year immediately following the date that the school’s plan was first in effect under paragraph (7); (iii) provide all students enrolled in a school that is eligible for a corrective action determination by the Secretary under clause (ii) with the option to transfer to another public or Bureau-funded school, including a public charter school, that is accredited; (iv) promptly notify the parents of children enrolled in a school that is eligible for a corrective action determination by the Secretary under clause (ii) of the option to transfer their child to another public or Bureau-funded school; and (v) provide, or pay for the provision of, transportation for each student described in clause (iii) to the school described in clause (iii) to which the student elects to be transferred to the extent funds are available, as determined by the tribal governing body. (D) Failure of school plan of Bureau-operated school With respect to a Bureau-operated school that fails to be accredited at the end of the third full year immediately following the date that the school’s plan was first in effect under paragraph (7), the Secretary may take one or more of the following corrective actions: (i) Institute and fully implement actions suggested by the accrediting agency. (ii) Consult with the tribe involved to determine the causes for the lack of accreditation including potential staffing and administrative changes that are or may be necessary. (iii) Set aside a certain amount of funds that may only be used by the school to obtain accreditation. (iv) (I) Provide the tribe with a 60-day period during which to determine whether the tribe desires to operate the school as a contract or grant school before meeting the accreditation requirements in section 5207(c) of the Tribally Controlled Schools Act of 1988 1 at the beginning of the next school year following the determination to take corrective action. If the tribe agrees to operate the school as a contract or grant school, the tribe shall prepare a plan, pursuant to paragraph (7), for approval by the Secretary in accordance with paragraph (7), to achieve accreditation. (II) If the tribe declines to assume control of the school, the Secretary, in consultation with the tribe, may contract with an outside entity, consistent with applicable law, or appoint a receiver or trustee to operate and administer the affairs of the school until the school is accredited. The outside entity, receiver, or trustee shall prepare a plan, pursuant to paragraph (7), for approval by the Secretary in accordance with paragraph (7). (III) Upon accreditation of the school, the Secretary shall allow the tribe to continue to operate the school as a grant or contract school, or if the school is being controlled by an outside entity, provide the tribe with the option to assume operation of the school as a contract school, in accordance with the Indian Self-Determination Act [ 25 U.S.C. 5321 et seq.], or as a grant school in accordance with the Tribally Controlled Schools Act of 1988 [ 25 U.S.C. 2501 et seq.], at the beginning of the school year following the school year in which the school obtains accreditation. If the tribe declines, the Secretary may allow the outside entity, receiver, or trustee to continue the operation of the school or reassume control of the school. (E) Failure of school plan of contract or grant school (i) Corrective action With respect to a contract or grant school that fails to be accredited at the end of the third full year immediately following the date that the school’s plan was first in effect under paragraph (7), the Secretary may take one or more of the corrective actions described in subparagraph (D)(i) and (D)(ii). The Secretary shall implement such corrective action for at least 1 year prior to taking any action described under clause (ii). (ii) Outside entity If the corrective action described in clause (i) does not result in accreditation of the school, the Secretary, in conjunction with the tribal governing body, may contract with an outside entity to operate the school in order to achieve accreditation of the school within 2 school years. Prior to entering into such a contract, the Secretary shall develop a proposal for such operation which shall include, at a minimum, the following elements: (I) The identification of one or more outside entities each of which has demonstrated to the Secretary its ability to develop a satisfactory plan for achieving accreditation and its willingness and availability to undertake such a plan. (II) A plan for implementing operation of the school by such an outside entity, including the methodology for oversight and evaluation of the performance of the outside entity by the Secretary and the tribe. (iii) Proposal amendments The tribal governing body shall have 60 days to amend the plan developed pursuant to clause (ii), including identifying another outside entity to operate the school. The Secretary shall reach agreement with the tribal governing body on the proposal and any such amendments to the plan not later than 30 days after the expiration of the 60-day period described in the preceding sentence. After the approval of the proposal and any amendments, the Secretary, with continuing consultation with such tribal governing body, shall implement the proposal. (iv) Accreditation Upon accreditation of the school, the tribe shall have the option to assume the operation and administration of the school as a contract school after complying with the Indian Self-Determination Act [ 25 U.S.C. 5321 et seq.], or as a grant school, after complying with the Tribally Controlled Schools Act of 1988 [ 25 U.S.C. 2501 et seq.], at the beginning of the school year following the year in which the school obtains accreditation. (v) Retrocede Nothing in this subparagraph shall limit a tribe’s right to retrocede operation of a school to the Secretary pursuant to section 105(e) of the Indian Self-Determination Act [ 25 U.S.C. 5324(e) ] (with respect to a contract school) or section 5204(f) of the Tribally Controlled Schools Act of 1988 1 (with respect to a grant school). (vi) Consistent The provisions of this subparagraph shall be construed to be consistent with the provisions of the Tribally Controlled Schools Act of 1988 [ 25 U.S.C. 2501 et seq.] and the Indian Self-Determination Act [ 25 U.S.C. 5321 et seq.] as in effect on the day before January 8, 2002 , and shall not be construed as expanding the authority of the Secretary under any other law. (F) Hearing With respect to a school that is operated pursuant to a grant, or a school that is operated under a contract under the Indian Self-Determination Act [ 25 U.S.C. 5321 et seq.], prior to implementing any corrective action under this paragraph, the Secretary shall provide notice and an opportunity for a hearing to the affected school pursuant to section 5207 of the Tribally Controlled Schools Act of 1988. 1