PUBLIC LAW 103-382—OCT. 20, 1994 108 STAT. 3983 "(4) Schools requesting program assistance under this subsection are encouraged to involve family units and, where appropriate, tribal elders and Native healers in such instructions. "(k) For purposes of this section, the term 'tribal governing body' means, with respect to any school, the tribal governing body, or tribal governing bodies, that represent at least 90 percent of the students served by such school. "(l)(l)(A)(i) The Secretary shall only consider the factors described in subparagraphs (B) and (C) in reviewing— "(I) applications from any tribe for the awarding of a contract or grant for a school that is not a Bureau funded school; and "(11) applications from any tribe or school board of any Bureau funded school for— "(aa) a school which is not a Bureau funded school; or "(bb) the expansion of a Bureau funded school which would increase the amount of funds received by the Indian tribe or school board under section 1127. "(ii) The Secretary shall give consideration to all of the factors under clause (i), but none of the applications under clause (i) may be denied based primarily upon the geographic proximity of public education. "(B) The Secretary shall consider the following factors relating to the program that is the subject of an application described in subparagraph (A): "(i) llie adequacy of facilities or the potential to obtain or provide adequate facilities. "(ii) Greographic and demographic factors in the affected areas. "(iii) Adequacy of the applicant's program plans or, in the case of a Bureau funded school, of projected needs analysis done either by a tribe or by Bureau personnel. "(iv) Greographic proximity of comparable public education. "(v) The stated needs of all affected parties, including students, families, tribal governments at both the central and local levels, and school organizations. "(C) The Secretary shall consider with respect to applications described in subparagraph (A) the following factors relating to £dl the educational services available at the time the application is considered: "(i) Greographic 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. "(iv) The history and success of these services for the proposed population to be served, as determined from all factors and not just stsindardized examination performance. "(2)(A) The Secretary shall make a determination of whether to approve any application described in paragraph (1)(A) by not 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
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