102 STAT. 366
PUBLIC LAW 100-297—APR. 28, 1988
the educational services available at the time the application is considered: "(i) geographic and demographic factors in the affected areas; "(ii) adequacy and comparability of programs already available; "(iii) consistency of available programs with tribal educational codes or tribal legislation on education; and "(iv) the history and success of these services for the proposed population to be served, as determined from all factors and not just standardized examination performance. "(2)(A) The Secretary shall make a determination of whether to approve any application described in paragraph (1)(A) by no later than the date that is 180 days after the day on which such application is submitted to the Secretary. "(B) If the Secretary fails to make the determination described in subparagraph (A) with respect to an application by the date described in subparagraph (A), the application shall be treated as having been approved by the Secretary. "(3)(A) Any application described in paragraph (I)(A) may be submitted to the Secretary only if— "(i) the application has been approved by the tribal governing body of the students served by (or to be served by) the school or program that is the subject of the application, and "(ii) written evidence of such approval is submitted with the application. "(B) Each application described in paragraph (1)(A)— "(i) shall provide information concerning each of the factors described in paragraph (1)(B), and "(ii) may provide information concerning the factors described in paragraph (1)(C). "(4) Whenever the Secretary makes a determination to deny approval of any application described in paragraph (1)(A), the Secretary shall— "(A) state the objections in writing to the applicant by no later than the date that is 180 days after the day on which the application is submitted to the Secretary, "(B) provide assistance to the applicant to overcome stated objections, and "(C) provide the applicant a hearing, under the same rules and regulations pertaining to the Indian Self-Determination and Education Assistance Act, and an opportunity to appeal the objections raised by the Secretary. "(5)(A) Except as otherwise provided in this paragraph, the action which is the subject of any application described in paragraph (1)(A) that is approved by the Secretary shall become effective with the commencement of the academic year succeeding the fiscal year in which the application is approved, or at an earlier date determined by the Secretary. "(B) If an application is treated as having been approved by the Secretary by reason of paragraph (2)(B), the action that is the subject of the application shall become effective on the date that is 18 months after the date on which the application is submitted to the Secretary, or at an earlier date determined by the Secretary. "(6)(A) Any application for expansion of the grade levels offered by a tribally controlled school which has been submitted to the Secretary prior to the date of enactment of this Act shall be reviewed under the regulations and guidelines in effect on the date
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