108 STAT. 3980
PUBLIC LAW 103-382—OCT. 20, 1994
Academic
standards.
Federal
Register,
publication.
and becoming increasingly effective in shaping the character and
quahty of the world all learners share.
"(b) Within 18 months of the publication of the voluntary
national content standards described in section 213(a) of the Goals
2000: Educate America Act, the Secretary, in consultation with
the Secretary of Education and Indian organizations and tribes,
shall carry out or cause to be carried out by contract with an
Indian organization such studies and surveys, making the fullest
use possible of other existing studies, surveys, and plans, as are
necessary to establish and revise standards for the basic education
of Indian children attending Bureau funded schools. Such studies
and surveys shall take into account factors such as academic needs,
local cultural differences, t3npe and level of language skills,
geographic isolation, and appropriate teacher-student ratios for such
children, and shall be directed toward the attainment of equal
educational opportunity for such children.
"(c)(1) The Secretary shall revise the minimum academic standards published in the Federal Register of September 9, 1985 (50
Fed. Reg. 174) for the basic education of Indian children in accordance with the purpose described in subsection (a) and the findings
of the studies and surveys described in subsection (b), and shall
publish such revised standards in the Federal Register for the
purpose of receiving comments from the tribes and other interested
parties. Within 21 months of the date of enactment of the Improving
America's Schools Act of 1994, the Secretary shall establish final
standards, distribute such standards to all the tribes and publish
such final standards in the Federal Register. The Secretary shall
revise such final standards periodically as necessary. Prior to any
revision of such final standards, the Secretary shall distribute such
proposed revision to all the tribes, and publish such proposed revision in the Federal Register, for the purpose of receiving comments
from the tribes and other interested parties.
"(2) The standards described in paragraph (1) shall apply to
Bureau schools, and subject to subsection (f), to contract or grant
schools, and may also serve as a model for educational programs
for Indian children in public schools. In establishing and revising
such standards, the Secretary shall take into account the special
needs of Indian students and the support and reinforcement of
the specific cultural heritage of each tribe.
"(d) The Secretary shall provide alternative or modified standards in lieu of the standards established under subsection (c),
where necessary, so that the programs of each school shall be
in compliance with the minimum standards required for accreditation of schools in the State where the school is located.
"(e) A tribal governing body, or the local school board so designated by the tribal governing body, shall have the local authority
to waive, in part or in whole, the standards established under
subsection (c) and (d), where such standards are deemed by such
body to be inappropriate. The tribal governing body or designated
school board shall, within 60 days thereafter, submit to the Secretary a proposal for alternative standards that take into account
the specific needs of the tribe's children. Such revised standards
shall be established by the Secretary unless specifically rejected
by the Secretary for good cause and in writing to the affected
tribes or local school board, which rejection shall be final and
unreviewable.
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