Page:United States Statutes at Large Volume 102 Part 2.djvu/604

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PUBLIC LAW 100-000—MMMM. DD, 1988

102 STAT. 1608

PUBLIC LAW 1 0 0 - 4 2 7 - S E P T. 9, 1988

Education Amendments of 1978 before receiving assistance under this part."; (2) by striking out "tribe" each place it appears in the first sentence and inserting in lieu thereof "tribal governing body"; and (3) by striking out "Indian" in the first sentence. (c) COMPOSITION.—Section 5205(b)(3)(A)(i) of the Tribally Controlled Schools Act of 1988 (25 U.S.C. 2504(b)(3)(A)(i)) is amended by inserting "chapter 1 o f before "title I". SEC. 11. ELIGIBILITY FOR GRANTS.

Contracts.

(a) IN GENERAL.—Subparagraphs (A) and (B) of section 5206(a)(l) of the Tribally Controlled Schools Act of 1988 (25 U.S.C. 2505(a)(l)) are amended to read as follows: "(A) was, on April 28, 1988, a contract school under title XI of the Education Amendments of 1978 and the tribe or tribal organization operating the school submits to the Secretary a written notice of election to receive a grant under this part, "(B) was a Bureau school under title XI of the Education Amendments of 1978 and has met the requirements of subsection (b),". (b) ADDITIONAL REQUIREMENTS FOR BUREAU FUNDED SCHOOLS.—

Section 5206(b)(l) of the Tribally Controlled Schools Act of 1988 (25 U.S.C. 2505(b)(l)) is amended by striking out "Any school that was operated as a Bureau school on the date of enactment of this Act" and inserting in lieu thereof "A school that was a Bureau funded school under title XI of the Education Amendments of 1978 on April 28, 1988.". (c) SCHOOLS WHICH ARE NOT BUREAU FUNDED.—Section 5206(c) of

the Tribally Controlled Schools Act of 1988 (25 U.S.C. 2505(c)) is amended— (1) by amending the subsection heading to read "ADDITIONAL REQUIREMENTS FOR A SCHOOL WHICH IS NOT A BUREAU FUNDED SCHOOL.—"; and

(2) in paragraph (1), by striking out "A school for which the Bureau has not provided funds" and inserting in lieu thereof "A school which is not a Bureau funded school under title XI of the Education Amendments of 1978". (d) APPLICATIONS AND REPORTS.—Section 5206(d)(l) of the Tribally

Controlled Schools Act of 1988 (25 U.S.C. 2505(d)(l)) is amended by striking out "the Department of Education" and inserting in lieu thereof "the Bureau of Indian Affairs". (e) RECORD OF HEARINGS.—Section 5206(fKlXC) of the Tribally Controlled Schools Act of 1988 (25 U.S.C. 2505(fKD(C)) is amended by inserting "on the record" after "hearing". SEC. 12. DURATION OF ELIGIBILITY DETERMINATION.

(a) ROLE OF SECRETARY OF EDUCATION.—Subclause (I) of section 5207(c)(l)(A)(ii) of the Tribally Controlled Schools Act of 1988 (25 U.S.C. 2506(c)(l)(A)(ii)) is amended by striking out "as determined by" and inserting in lieu thereof "as recognized by". (b) REVOCATION.—Subclause (V) of section 5207(c)(l)(A)(ii) of the Tribally Controlled Schools Act of 1988 (25 U.S.C. 2506(c)(l)(A)(ii)) is amended— (1) by striking out the last sentence and inserting in lieu thereof the following: "If the Secretary and a grantee other than the tribal governing body fail to agree on such an evalua-