§ 2504. Eligibility for grants
(a)
Rules
(1)
In general
A tribally controlled school is eligible for assistance under this chapter if the school—
(A)
on April 28, 1988, was a contract school under title XI of the Education Amendments of 1978 [25 U.S.C. 2000 et seq.] and the tribe or tribal organization operating the school submits to the Secretary a written notice of election to receive a grant under this chapter;
(B)
was a Bureau-operated school under title XI of the Education Amendments of 1978 [25 U.S.C. 2000 et seq.] and has met the requirements of subsection (b) of this section;
(2)
New schools
Any application which has been submitted under the Indian Self-Determination and Education Assistance Act [25 U.S.C. 450 et seq.] by an Indian tribe for a school which is not in operation on January 8, 2002, shall be reviewed under the guidelines and regulations for applications submitted under the Indian Self-Determination and Education Assistance Act that were in effect at the time the application was submitted, unless the Indian tribe or tribal organization elects to have the application reviewed under the provisions of subsection (b) of this section.
(b)
Additional requirements for Bureau-funded schools and certain electing schools
(1)
Bureau-funded schools
A school that was a Bureau-funded school under title XI of the Education Amendments of 1978 [25 U.S.C. 2000 et seq.] on January 8, 2002, and any school with respect to which an election is made under subsection (a)(2) of this section, meets the requirements of this subsection if—
(A)
the Indian tribe or tribal organization that operates, or desires to operate, the school submits to the Secretary an application requesting that the Secretary—
(2)
Certain electing schools
(A)
In general
By not later than the date that is 120 days after the date on which an application is submitted to the Secretary under paragraph (1)(A), the Secretary shall determine—
(B)
Other determinations
In considering applications submitted under paragraph (1)(A), the Secretary—
(c)
Additional requirements for a school which is not a Bureau-funded school
(1)
In general
A school which is not a Bureau-funded school under title XI of the Education Amendments of 1978 [25 U.S.C. 2000 et seq.] meets the requirements of this subsection if—
(2)
Deadline for determination by Secretary
(A)
In general
By not later than the date that is 180 days after the date on which an application is submitted to the Secretary under paragraph (1)(A), the Secretary shall determine whether the school is eligible for assistance under this chapter.
(B)
Considerations
In making the determination under subparagraph (A), the Secretary shall give equal consideration to each of the following factors:
(C)
Geographic proximity
The Secretary may not make a determination under this paragraph that is primarily based upon the geographic proximity of comparable public education.
(D)
Other information
Applications submitted under paragraph (1)(A) shall include information on the factors described in subparagraph (B)(i), but the applicant may also provide the Secretary such information relative to the factors described in subparagraph (B)(ii) as the applicant considers appropriate.
(E)
Deadline
If the Secretary fails to make a determination under subparagraph (A) with respect to an application within 180 days after the date on which the Secretary received the application, the Secretary shall be treated as having made a determination that the tribally controlled school is eligible for assistance under the title [1] and the grant shall become effective 18 months after the date on which the Secretary received the application, or on an earlier date, at the Secretary’s discretion.
(d)
Filing of applications and reports
(1)
In general
All applications and reports submitted to the Secretary under this chapter, and any amendments to such applications or reports, shall be filed with the education line officer designated by the Director of the Office of Indian Education Programs of the Bureau of Indian Affairs. The date on which such filing occurs shall, for purposes of this chapter, be treated as the date on which the application or amendment was submitted to the Secretary.
(e)
Effective date for approved applications
Except as provided by subsection (c)(2)(E) of this section, a grant provided under this chapter, and any transfer of the operation of a Bureau school made under subsection (b) of this section, shall become effective beginning the academic year succeeding the fiscal year in which the application for the grant or transfer is made, or at an earlier date determined by the Secretary.
(f)
Denial of applications
(1)
In general
Whenever the Secretary refuses to approve a grant under this chapter, to transfer operation of a Bureau school under subsection (b) of this section, or determines that a school is not eligible for assistance under this chapter, the Secretary shall—
[1] See References in Text note below.