§ 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, 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—
(B)
special cost factors, such as—
(iv)
maintenance and repair costs associated with the physical condition of the educational facilities;
(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; and
(2)
Revision of formula
(A)
In general
Upon the establishment of the standards required in section
2002 of this title, the Secretary shall revise the formula established under this subsection to reflect the cost of funding such standards.
(B)
Review of formula
Not later than January 1, 2003, the Secretary shall review the formula established under this section and shall take such steps as are necessary to increase the availability of counseling and therapeutic programs for students in off-reservation home-living (dormitory) schools and other Bureau-operated residential facilities.
(C)
Review of standards
Concurrent with such action, the Secretary shall review the standards established under section
2002 of this title to be certain that adequate provision is made for parental notification regarding, and consent for, such counseling and therapeutic programs.
(b)
Pro rata allotment
Notwithstanding any other provision of law, Federal funds appropriated for the general local operation of Bureau-funded schools shall be allotted pro rata in accordance with the formula established under subsection (a) of this section.
(c)
Annual adjustment; reservation of amount for school board activities
(1)
Annual adjustment
For fiscal year 2003, and for each subsequent fiscal year, the Secretary shall adjust the formula established under subsection (a) of this section to ensure that the formula does the following:
(A)
Uses a weighted unit of 1.2 for each eligible Indian student enrolled in the seventh and eighth grades of the school in considering the number of eligible Indian students served by the school.
(B)
Considers a school with an enrollment of less than 50 eligible Indian students as having an average daily attendance of 50 eligible Indian students for purposes of implementing the adjustment factor for small schools.
(C)
Takes into account the provision of residential services on less than a 9-month basis at a school when the school board and supervisor of the school determine that a less than 9-month basis will be implemented for the school year involved.
(D)
Uses a weighted unit of 2.0 for each eligible Indian student that—
in considering the number of eligible Indian students served by the school.
(E)
Uses a weighted unit of 0.25 for each eligible Indian student who is enrolled in a year-long credit course in an Indian or Native language as part of the regular curriculum of a school, in considering the number of eligible Indian students served by such school. The adjustment required under this subparagraph shall be used for such school after—
(2)
Reservation of amount
(A)
In general
From the funds allotted in accordance with the formula established under subsection (a) of this section for each Bureau school, the local school board of such school may reserve an amount which does not exceed the greater of—
(B)
Training
(i)
In general
Each local school board, and any agency school board that serves as a local school board for any grant or contract school, shall ensure that each individual who is a new member of the school board receives, within 1 year after the individual becomes a member of the school board, 40 hours of training relevant to that individual’s service on the board.
(d)
Reservation of amount for emergencies
(1)
In general
The Secretary shall reserve from the funds available for distribution for each fiscal year under this section an amount that, in the aggregate, equals 1 percent of the funds available for such purpose for that fiscal year, to be used, at the discretion of the Director of the Office of Indian Education Programs, to meet emergencies and unforeseen contingencies affecting the education programs funded under this section.
(e)
Supplemental appropriations
Supplemental appropriations enacted to meet increased pay costs attributable to school level personnel shall be distributed under this section.
(f)
Eligible Indian student defined
In this section, the term “eligible Indian student” means a student who—
(1)
is a member of, or is at least one-fourth degree Indian blood descendant of a member of, a tribe that is eligible for the special programs and services provided by the United States through the Bureau to Indians because of their status as Indians;
(g)
Tuition
(1)
In general
No eligible Indian student or a student attending a Bureau school under paragraph (2)(C) may be charged tuition for attendance at a Bureau school or contract or grant school.
(2)
Attendance of non-Indian students at Bureau schools
The Secretary may permit the attendance at a Bureau school of a student who is not an eligible Indian student if—
(A)
the Secretary determines that the student’s attendance will not adversely affect the school’s program for eligible Indian students because of cost, overcrowding, or violation of standards or accreditation;
(3)
Attendance of non-Indian students at contract and grant schools
The school board of a contract or grant school may permit students who are not eligible Indian students under this subsection to attend its contract school or grant school. Any tuition collected for those students shall be in addition to funding received under this section.
(h)
Funds available without fiscal year limitation
Notwithstanding any other provision of law, at the election of the school board of a Bureau school made at any time during the fiscal year, a portion equal to not more than 15 percent of the funds allocated with respect to a school under this section for any fiscal year shall remain available to the school for expenditure without fiscal year limitation. The Assistant Secretary shall take such steps as are necessary to implement this subsection.
(i)
Students at Richfield dormitory, Richfield, Utah
(1)
In general
Tuition for the instruction of each out-of-State Indian student in a home-living situation at the Richfield dormitory in Richfield, Utah, who attends Sevier County high schools in Richfield, Utah, for an academic year, shall be paid from Indian school equalization program funds authorized in this section and section
2009 [2] of this title, at a rate not to exceed the weighted amount provided for under subsection (b) of this section for a student for that year.
[1] So in original. Probably should be section “2502(c)(2)”.
[2] So in original. Probably should be section “2010”.