102 STAT. 390
PUBLIC LAW 100-297—APR. 28, 1988 (iv) adequately trained personnel, or (v) any other necessary components in the operation of the school.
(c) ADDITIONAL REQUIREMENTS FOR SCHOOLS THAT HAVE NOT RECEIVED BUREAU FUNDS.—
(1) A school for which the Bureau has not provided funds 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 a determination by the Secretary of whether the school is eligible for assistance under this part, and (B) the Secretary makes a determination that the school is eligible for assistance under this part. (2)(A) By no 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 part. (B) In making the determination under subparagraph (A), the Secretary shall give equal consideration to each of the following factors: (i) with respect to the applicant's proposal— (I) the adequacy of facilities or the potential to obtain or provide adequate facilities; (II) geographic and demographic factors in the affected areas; (III) adequacy of applicant's program plans; (IV) geographic proximity of comparable public education; and (V) the needs as expressed by all affected parties, including but not limited to students, families, tribal governments at both the central and local levels, and school organizations; and (ii) with respect to all education services already available— (I) geographic and demographic factors in the affected areas; (II) adequacy and comparability of programs already available; (III) consistency of available programs with tribal education codes or tribal legislation to 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. (C) The Secretary may not make a determination under this paragraph that is primarily based upon the geographic proximity of comparable public education. (D) 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) 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
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