Index: Legislation
ESEA TITLE X--REPEALS REDESIGNATIONS AND AMENDMENTS TO OTHER STATUTES
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PART A--REPEALS
SEC. 1011. REPEALS.
The following provisions of law are repealed:
(1) Part G of title XV of the Higher Education Amendments of 1992 (20 U.S.C. 1070a-11 note), relating to the Advanced Placement fee payment program.
(2) Part B of title VIII of the Higher Education Amendments of 1998 (20 U.S.C. 1070a-11 note), relating to the Advanced Placement incentive program.
(3) Part F of the General Education Provisions Act (20 U.S.C. 1235 et seq.), relating to Ready to Learn Television.
(4) The following provisions of the Goals 2000: Educate America Act (20 U.S.C. 5801 et seq.):
(A) Parts A and C of title II (20 U.S.C. 5821 et seq., 5871), relating to the National Education Goals Panel.
(B) Title VI (20 U.S.C. 5951), relating to the International Education Program.
(5) The following provisions of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.):
(A) Titles X through XII (20 U.S.C. 8001 et seq.).
(B) Sections 13001 and 13002 (20 U.S.C. 8601, 8602).
(C) Title XIV (20 U.S.C. 8801 et seq.).
(6) The Troops-to-Teachers Program Act of 1999 (20 U.S.C. 9301 et seq.).
SEC. 1012. CONFORMING CLERICAL AND TECHNICAL AMENDMENTS.
The table of contents in section 1(b) of the Goals 2000: Educate America Act (20 U.S.C. 5801 note) is amended by striking the items relating to the following provisions:
(1) Parts A and C of title II (including the items relating to sections within those parts).
(2) Sections 231, 232, 234, and 235.
(3) Titles III through VI (including the items relating to sections within those titles).
   
PART B--REDESIGNATIONS
SEC. 1021. COMPREHENSIVE REGIONAL ASSISTANCE CENTERS.
(a) IN GENERAL- Part A of title XIII of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8621 et seq.) is transferred to and redesignated as part K of the Educational Research, Development, Dissemination, and Improvement Act of 1994.
(b) SECTIONS- Sections 13101 through 13105 of such part are redesignated as sections 1001 through 1005, respectively.
(c) DEFINED TERMS- Part K of the Educational Research, Development, Dissemination, and Improvement Act of 1994 (as transferred and redesignated by this section) is amended by adding at the end the following new section:
`SEC. 1006. DEFINED TERMS.
`In this part, the definitions of terms defined in section 9101 of the Elementary and Secondary Education Act of 1965 shall apply.'.
SEC. 1022. NATIONAL DIFFUSION NETWORK.
(a) IN GENERAL- Part B of title XIII of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8651 et seq.) is transferred to and redesignated as part L of the Educational Research, Development, Dissemination, and Improvement Act of 1994.
(b) SECTIONS- Sections 13201 and 13102 of such part are redesignated as sections 1011 and 1012, respectively.
(c) DEFINED TERMS- Part L of the Educational Research, Development, Dissemination, and Improvement Act of 1994 (as transferred and redesignated by this section) is amended by adding at the end the following new section:
`SEC. 1013. DEFINED TERMS.
`In this part, the definitions of terms defined in section 9101 of the Elementary and Secondary Education Act of 1965 shall apply.'.
SEC. 1023. EISENHOWER REGIONAL MATHEMATICS AND SCIENCE EDUCATION CONSORTIA.
(a) IN GENERAL- Part C of title XIII of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8671 et seq.) is transferred to and redesignated as part M of the Educational Research, Development, Dissemination, and Improvement Act of 1994.
(b) SECTIONS- Sections 13301 through 13108 of such part are redesignated as sections 1021 through 1028, respectively.
(c) DEFINED TERMS- Part M of the Educational Research, Development, Dissemination, and Improvement Act of 1994 (as transferred and redesignated by this section) is amended by adding at the end the following new section:
`SEC. 1029. DEFINED TERMS.
`In this part, the definitions of terms defined in section 9101 of the Elementary and Secondary Education Act of 1965 shall apply.'.
SEC. 1024. TECHNOLOGY-BASED TECHNICAL ASSISTANCE.
(a) IN GENERAL- Part D of title XIII of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8701) is transferred to and redesignated as part N of the Educational Research, Development, Dissemination, and Improvement Act of 1994.
(b) SECTIONS- Section 13401 of such part is redesignated as section 1031.
(c) DEFINED TERMS- Part N of the Educational Research, Development, Dissemination, and Improvement Act of 1994 (as transferred and redesignated by this section) is amended by adding at the end the following new section:
`SEC. 1032. DEFINED TERMS.
`In this part, the definitions of terms defined in section 9101 of the Elementary and Secondary Education Act of 1965 shall apply.'.
SEC. 1025. CONFORMING AMENDMENTS.
(a) PARTS K THROUGH M- Parts K through M of the Educational Research, Development, Dissemination, and Improvement Act of 1994 (as transferred and redesignated by sections 1021 through 1024 of this Act) are amended as follows:
(1) Insert `of such Act' in--
(A) section 1002(a)(1)(A), after ESEA Title I'; and
(B) section 1002(a)(1)(B), after `section 1114'.
(2) Insert `of the Elementary and Secondary Education Act of 1965 (as such Act was in effect on the day before the date of enactment of the No Child Left Behind Act of 2001)' in--
(A) sections 1001(a)(2)(A) and 1011(e)(1), after ESEA Title I';
(B) sections 1002(b)(1) and section 1011(g)(3)(A), after `section 1114'; and
(C) in section 1011(e)(3), after ESEA Title III'.
(3) In section 1011(a)(1), strike `(hereafter referred to in this Act as `NDN')'.
(4) In subsections (c) and (g)(1) of section 1011 and in section 1027(1)(E), strike `of the Educational Research, Development, Dissemination, and Improvement Act of 1994'.
(5) In subsections (a)(2)(A) and (d) of section 1011, strike PART A' and insert PART K'.
(6) In sections 1002(a)(4) and 1011(e)(3), strike PART C' and insert PART M'.
(7) In section 1002(a), strike `section 13101(a)' and insert `section 1001(a)'.
(8) In section 1003(b)(1), strike `section 13102' and insert `section 1002'.
(9) In section 1004(b)(1), strike `section 13105' and insert `section 1005'.
(10) In sections 1002(a)(7) and 1003(b)(2), strike `section 13201' and insert `section 1011'.
(11) In section 1022(2) and (3), strike `section 13301(a)(1)' and insert `section 1021(a)(1)'.
(12) In section 1027(4), strike `section 13301' and insert `section 1021'.
(13) In subsections (a) and (b) of section 1025, strike `section 13303' and insert `section 1023'.
(14) In the text preceding paragraph (1) of section 1022, strike `section 13304' and insert `section 1024'.
(15) In section 1021(a)(3), strike `section 13308' and insert `section 1028'.
(16) In sections 1003(b)(2) and 1011(f)(4), strike `section 13401' and insert `section 1031'.
(17) Strike `this Act' and insert `the Elementary and Secondary Education Act of 1965 (as such Act was in effect on the day before the date of enactment of the No Child Left Behind Act of 2001)' in--
(A) section 1001(a)(1) (the first occurrence only);
(B) paragraphs (1) through (3) of section 1001(c);
(C) paragraphs (1), (2), (6), and (8) of section 1002(a);
(D) section 1011(e); and
(E) section 1031(2).
(18) In paragraphs (1) and (2) of section 1004(b), strike `this Act' and insert `the Elementary and Secondary Education Act of 1965'.
(19) In section 1001(a)(1) (the second occurrence only) and in section 1002(a)(1)(C), strike `this Act' and insert `such Act'.
(20) Section 1011 is amended--
(A) in subsection (a)(1), by striking `In order to implement the purposes of this title, the' and inserting `The'; and
(B) in subsection (f)(5), by striking `to achieve the purposes of this title'.
(21) In section 1022(1), strike `, the Eisenhower National Clearinghouse for Science and Mathematics Education established under section 2102(b)'.
(22) In section 1026(a), strike `section 14701' and insert `section 9601'.
(b) TITLE XIII HEADING- The Elementary and Secondary Education Act of 1965 is amended by striking the heading of title XIII.
PART C--HOMELESS EDUCATION
SEC. 1031. SHORT TITLE.
This part may be cited as the `McKinney-Vento Homeless Education Assistance Improvements Act of 2001'.
SEC. 1032. EDUCATION FOR HOMELESS CHILDREN AND YOUTHS.
Subtitle B of title VII of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11431 et seq.) is amended to read as follows:
`Subtitle B--Education for Homeless Children and Youths
`SEC. 721. STATEMENT OF POLICY.
`The following is the policy of the Congress:
`(1) Each State educational agency shall ensure that each child of a homeless individual and each homeless youth has equal access to the same free, appropriate public education, including a public preschool education, as provided to other children and youths.
`(2) In any State that has a compulsory residency requirement as a component of the State's compulsory school attendance laws or other laws, regulations, practices, or policies that may act as a barrier to the enrollment, attendance, or success in school of homeless children and youths, the State will review and undertake steps to revise such laws, regulations, practices, or policies to ensure that homeless children and youths are afforded the same free, appropriate public education as provided to other children and youths.
`(3) Homelessness alone is not sufficient reason to separate students from the mainstream school environment.
`(4) Homeless children and youths should have access to the education and other services that such children and youths need to ensure that such children and youths have an opportunity to meet the same challenging State student academic achievement standards to which all students are held.
`SEC. 722. GRANTS FOR STATE AND LOCAL ACTIVITIES FOR THE EDUCATION OF HOMELESS CHILDREN AND YOUTHS.
`(a) GENERAL AUTHORITY- The Secretary is authorized to make grants to States in accordance with the provisions of this section to enable such States to carry out the activities described in subsections (d) through (g).
`(b) APPLICATION- No State may receive a grant under this section unless the State educational agency submits an application to the Secretary at such time, in such manner, and containing or accompanied by such information as the Secretary may reasonably require.
`(c) ALLOCATION AND RESERVATIONS-
`(1) ALLOCATION- (A) Subject to subparagraph (B), the Secretary is authorized to allot to each State an amount that bears the same ratio to the amount appropriated for such year under section 726 that remains after the Secretary reserves funds under paragraph (2) and uses funds to carry out section 724(d) and (h), as the amount allocated under section 1122 of the Elementary and Secondary Education Act of 1965 to the State for that year bears to the total amount allocated under section 1122 of such Act to all States for that year, except that no State shall receive less than the greater of--
`(i) $150,000;
`(ii) one-fourth of 1 percent of the amount appropriated under section 726 for that year; or
`(iii) the amount such State received under this section for fiscal year 2001.
`(B) If there are insufficient funds in a fiscal year to allot to each State the minimum amount under subparagraph (A), the Secretary shall ratably reduce the allotments to all States based on the proportionate share that each State received under this subsection for the preceding fiscal year.
`(2) RESERVATIONS- (A) The Secretary is authorized to reserve 0.1 percent of the amount appropriated for each fiscal year under section 726 to be allocated by the Secretary among the United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands, according to their respective need for assistance under this subtitle, as determined by the Secretary.
`(B)(i) The Secretary shall transfer 1 percent of the amount appropriated for each fiscal year under section 726 to the Department of the Interior for programs for Indian students served by schools funded by the Secretary of the Interior, as determined under the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450 et seq.), that are consistent with the purposes of the programs described in this subtitle.
`(ii) The Secretary and the Secretary of the Interior shall enter into an agreement, consistent with the requirements of this subtitle, for the distribution and use of the funds described in clause (i) under terms that the Secretary determines best meet the purposes of the programs described in this subtitle. Such agreement shall set forth the plans of the Secretary of the Interior for the use of the amounts transferred, including appropriate goals, objectives, and milestones.
`(3) STATE DEFINED- For purposes of this subsection, the term `State' does not include the United States Virgin Islands, Guam, American Samoa, or the Commonwealth of the Northern Mariana Islands.
`(d) ACTIVITIES- Grants under this section shall be used for the following:
`(1) To carry out the policies set forth in section 721 in the State.
`(2) To provide activities for, and services to, homeless children, including preschool-aged homeless children, and youths that enable such children and youths to enroll in, attend, and succeed in school, or, if appropriate, in preschool programs.
`(3) To establish or designate an Office of Coordinator for Education of Homeless Children and Youths in the State educational agency in accordance with subsection (f).
`(4) To prepare and carry out the State plan described in subsection (g).
`(5) To develop and implement professional development programs for school personnel to heighten their awareness of, and capacity to respond to, specific problems in the education of homeless children and youths.
`(e) STATE AND LOCAL SUBGRANTS-
`(1) MINIMUM DISBURSEMENTS BY STATES- From the sums made available each year to carry out this subtitle, the State educational agency shall distribute not less than 75 percent in subgrants to local educational agencies for the purposes of carrying out section 723, except that States funded at the minimum level set forth in subsection (c)(1) shall distribute not less than 50 percent in subgrants to local educational agencies for the purposes of carrying out section 723.
`(2) USE BY STATE EDUCATIONAL AGENCY- A State educational agency may use funds made available for State use under this subtitle to conduct activities under subsection (f) directly or through grants or contracts.
`(3) PROHIBITION ON SEGREGATING HOMELESS STUDENTS-
`(A) IN GENERAL- Except as provided in subparagraph (B) and section 723(a)(2)(B)(ii), in providing a free public education to a homeless child or youth, no State receiving funds under this subtitle shall segregate such child or youth in a separate school, or in a separate program within a school, based on such child's or youth's status as homeless.
`(B) EXCEPTION- Notwithstanding subparagraph (A), paragraphs (1)(J)(i) and (3) of subsection (g), section 723(a)(2), and any other provision of this subtitle relating to the placement of homeless children or youths in schools, a State that has a separate school for homeless children or youths that was operated in fiscal year 2000 in a covered county shall be eligible to receive funds under this subtitle for programs carried out in such school if--
`(i) the school meets the requirements of subparagraph (C);
`(ii) any local educational agency serving a school that the homeless children and youths enrolled in the separate school are eligible to attend meets the requirements of subparagraph (E); and
`(iii) the State is otherwise eligible to receive funds under this subtitle.
`(C) SCHOOL REQUIREMENTS- For the State to be eligible under subparagraph (B) to receive funds under this subtitle, the school described in such subparagraph shall--
`(i) provide written notice, at the time any child or youth seeks enrollment in such school, and at least twice annually while the child or youth is enrolled in such school, to the parent or guardian of the child or youth (or, in the case of an unaccompanied youth, the youth) that--
`(I) shall be signed by the parent or guardian (or, in the case of an unaccompanied youth, the youth);
`(II) sets forth the general rights provided under this subtitle;
`(III) specifically states--
`(aa) the choice of schools homeless children and youths are eligible to attend, as provided in subsection (g)(3)(A);
`(bb) that no homeless child or youth is required to attend a separate school for homeless children or youths;
`(cc) that homeless children and youths shall be provided comparable services described in subsection (g)(4), including transportation services, educational services, and meals through school meals programs; and
`(dd) that homeless children and youths should not be stigmatized by school personnel; and
`(IV) provides contact information for the local liaison for homeless children and youths and the State Coordinator for Education of Homeless Children and Youths;
`(ii)(I) provide assistance to the parent or guardian of each homeless child or youth (or, in the case of an unaccompanied youth, the youth) to exercise the right to attend the parent's or guardian's (or youth's) choice of schools, as provided in subsection (g)(3)(A); and
`(II) coordinate with the local educational agency with jurisdiction for the school selected by the parent or guardian (or youth), to provide transportation and other necessary services;
`(iii) ensure that the parent or guardian (or, in the case of an unaccompanied youth, the youth) shall receive the information required by this subparagraph in a manner and form understandable to such parent or guardian (or youth), including, if necessary and to the extent feasible, in the native language of such parent or guardian (or youth); and
`(iv) demonstrate in the school's application for funds under this subtitle that such school--
`(I) is complying with clauses (i) and (ii); and
`(II) is meeting (as of the date of submission of the application) the same Federal and State standards, regulations, and mandates as other public schools in the State (such as complying with sections 1111 and 1116 of the Elementary and Secondary Education Act of 1965 and providing a full range of education and related services, including services applicable to students with disabilities).
`(D) SCHOOL INELIGIBILITY- A separate school described in subparagraph (B) that fails to meet the standards, regulations, and mandates described in subparagraph (C)(iv)(II) shall not be eligible to receive funds under this subtitle for programs carried out in such school after the first date of such failure.
`(E) LOCAL EDUCATIONAL AGENCY REQUIREMENTS- For the State to be eligible to receive the funds described in subparagraph (B), the local educational agency described in subparagraph (B)(ii) shall--
`(i) implement a coordinated system for ensuring that homeless children and youths--
`(I) are advised of the choice of schools provided in subsection (g)(3)(A);
`(II) are immediately enrolled, in accordance with subsection (g)(3)(C), in the school selected under subsection (g)(3)(A); and
`(III) are promptly provided necessary services described in subsection (g)(4), including transportation, to allow homeless children and youths to exercise their choices of schools under subsection (g)(3)(A);
`(ii) document that written notice has been provided--
`(I) in accordance with subparagraph (C)(i) for each child or youth enrolled in a separate school under subparagraph (B); and
`(II) in accordance with subsection (g)(6)(A)(v);
`(iii) prohibit schools within the agency's jurisdiction from referring homeless children or youths to, or requiring homeless children and youths to enroll in or attend, a separate school described in subparagraph (B);
`(iv) identify and remove any barriers that exist in schools within the agency's jurisdiction that may have contributed to the creation or existence of separate schools described in subparagraph (B); and
`(v) not use funds received under this subtitle to establish--
`(I) new or additional separate schools for homeless children or youths; or
`(II) new or additional sites for separate schools for homeless children or youths, other than the sites occupied by the schools described in subparagraph (B) in fiscal year 2000.
`(F) REPORT-
`(i) PREPARATION- The Secretary shall prepare a report on the separate schools and local educational agencies described in subparagraph (B) that receive funds under this subtitle in accordance with this paragraph. The report shall contain, at a minimum, information on--
`(I) compliance with all requirements of this paragraph;
`(II) barriers to school access in the school districts served by the local educational agencies; and
`(III) the progress the separate schools are making in integrating homeless children and youths into the mainstream school environment, including the average length of student enrollment in such schools.
`(ii) COMPLIANCE WITH INFORMATION REQUESTS- For purposes of enabling the Secretary to prepare the report, the separate schools and local educational agencies shall cooperate with the Secretary and the State Coordinator for Education of Homeless Children and Youths established in the State under subsection (d)(3), and shall comply with any requests for information by the Secretary and State Coordinator for such State.
`(iii) SUBMISSION- Not later than 2 years after the date of enactment of the McKinney-Vento Homeless Education Assistance Improvements Act of 2001, the Secretary shall submit the report described in clause (i) to--
`(I) the President;
`(II) the Committee on Education and the Workforce of the House of Representatives; and
`(III) the Committee on Health, Education, Labor, and Pensions of the Senate.
`(G) DEFINITION- For purposes of this paragraph, the term `covered county' means--
`(i) San Joaquin County, California;
`(ii) Orange County, California;
`(iii) San Diego County, California; and
`(iv) Maricopa County, Arizona.
`(f) FUNCTIONS OF THE OFFICE OF COORDINATOR- The Coordinator for Education of Homeless Children and Youths established in each State shall--
`(1) gather reliable, valid, and comprehensive information on the nature and extent of the problems homeless children and youths have in gaining access to public preschool programs and to public elementary schools and secondary schools, the difficulties in identifying the special needs of such children and youths, any progress made by the State educational agency and local educational agencies in the State in addressing such problems and difficulties, and the success of the programs under this subtitle in allowing homeless children and youths to enroll in, attend, and succeed in, school;
`(2) develop and carry out the State plan described in subsection (g);
`(3) collect and transmit to the Secretary, at such time and in such manner as the Secretary may require, a report containing such information as the Secretary determines is necessary to assess the educational needs of homeless children and youths within the State;
`(4) facilitate coordination between the State educational agency, the State social services agency, and other agencies (including agencies providing mental health services) to provide services to homeless children, including preschool-aged homeless children, and youths, and to families of such children and youths;
`(5) in order to improve the provision of comprehensive education and related services to homeless children and youths and their families, coordinate and collaborate with--
`(A) educators, including child development and preschool program personnel;
`(B) providers of services to homeless and runaway children and youths and homeless families (including domestic violence agencies, shelter operators, transitional housing facilities, runaway and homeless youth centers, and transitional living programs for homeless youths);
`(C) local educational agency liaisons designated under subsection (g)(1)(J)(ii) for homeless children and youths; and
`(D) community organizations and groups representing homeless children and youths and their families; and
`(6) provide technical assistance to local educational agencies in coordination with local educational agency liaisons designated under subsection (g)(1)(J)(ii), to ensure that local educational agencies comply with the requirements of section 722(e)(3) and paragraphs (3) through (7) of subsection (g).
`(g) STATE PLAN-
`(1) IN GENERAL- Each State shall submit to the Secretary a plan to provide for the education of homeless children and youths within the State. Such plan shall include the following:
`(A) A description of how such children and youths are (or will be) given the opportunity to meet the same challenging State academic achievement standards all students are expected to meet.
`(B) A description of the procedures the State educational agency will use to identify such children and youths in the State and to assess their special needs.
`(C) A description of procedures for the prompt resolution of disputes regarding the educational placement of homeless children and youths.
`(D) A description of programs for school personnel (including principals, attendance officers, teachers, enrollment personnel, and pupil services personnel) to heighten the awareness of such personnel of the specific needs of runaway and homeless youths.
`(E) A description of procedures that ensure that homeless children and youths who meet the relevant eligibility criteria are able to participate in Federal, State, or local food programs.
`(F) A description of procedures that ensure that--
`(i) homeless children have equal access to the same public preschool programs, administered by the State agency, as provided to other children in the State;
`(ii) homeless youths and youths separated from the public schools are identified and accorded equal access to appropriate secondary education and support services; and
`(iii) homeless children and youths who meet the relevant eligibility criteria are able to participate in Federal, State, or local before- and after-school care programs.
`(G) Strategies to address problems identified in the report provided to the Secretary under subsection (f)(3).
`(H) Strategies to address other problems with respect to the education of homeless children and youths, including problems resulting from enrollment delays that are caused by--
`(i) immunization and medical records requirements;
`(ii) residency requirements;
`(iii) lack of birth certificates, school records, or other documentation;
`(iv) guardianship issues; or
`(v) uniform or dress code requirements.
`(I) A demonstration that the State educational agency and local educational agencies in the State have developed, and shall review and revise, policies to remove barriers to the enrollment and retention of homeless children and youths in schools in the State.
`(J) Assurances that--
`(i) the State educational agency and local educational agencies in the State will adopt policies and practices to ensure that homeless children and youths are not stigmatized or segregated on the basis of their status as homeless;
`(ii) local educational agencies will designate an appropriate staff person, who may also be a coordinator for other Federal programs, as a local educational agency liaison for homeless children and youths, to carry out the duties described in paragraph (6)(A); and
`(iii) the State and its local educational agencies will adopt policies and practices to ensure that transportation is provided, at the request of the parent or guardian (or in the case of an unaccompanied youth, the liaison), to and from the school of origin, as determined in paragraph (3)(A), in accordance with the following, as applicable:
`(I) If the homeless child or youth continues to live in the area served by the local educational agency in which the school of origin is located, the child's or youth's transportation to and from the school of origin shall be provided or arranged by the local educational agency in which the school of origin is located.
`(II) If the homeless child's or youth's living arrangements in the area served by the local educational agency of origin terminate and the child or youth, though continuing his or her education in the school of origin, begins living in an area served by another local educational agency, the local educational agency of origin and the local educational agency in which the homeless child or youth is living shall agree upon a method to apportion the responsibility and costs for providing the child with transportation to and from the school of origin. If the local educational agencies are unable to agree upon such method, the responsibility and costs for transportation shall be shared equally.
`(2) COMPLIANCE-
`(A) IN GENERAL- Each plan adopted under this subsection shall also describe how the State will ensure that local educational agencies in the State will comply with the requirements of paragraphs (3) through (7).
`(B) COORDINATION- Such plan shall indicate what technical assistance the State will furnish to local educational agencies and how compliance efforts will be coordinated with the local educational agency liaisons designated under paragraph (1)(J)(ii).
`(3) LOCAL EDUCATIONAL AGENCY REQUIREMENTS-
`(A) IN GENERAL- The local educational agency serving each child or youth to be assisted under this subtitle shall, according to the child's or youth's best interest--
`(i) continue the child's or youth's education in the school of origin for the duration of homelessness--
`(I) in any case in which a family becomes homeless between academic years or during an academic year; or
`(II) for the remainder of the academic year, if the child or youth becomes permanently housed during an academic year; or
`(ii) enroll the child or youth in any public school that nonhomeless students who live in the attendance area in which the child or youth is actually living are eligible to attend.
`(B) BEST INTEREST- In determining the best interest of the child or youth under subparagraph (A), the local educational agency shall--
`(i) to the extent feasible, keep a homeless child or youth in the school of origin, except when doing so is contrary to the wishes of the child's or youth's parent or guardian;
`(ii) provide a written explanation, including a statement regarding the right to appeal under subparagraph (E), to the homeless child's or youth's parent or guardian, if the local educational agency sends such child or youth to a school other than the school of origin or a school requested by the parent or guardian; and
`(iii) in the case of an unaccompanied youth, ensure that the homeless liaison designated under paragraph (1)(J)(ii) assists in placement or enrollment decisions under this subparagraph, considers the views of such unaccompanied youth, and provides notice to such youth of the right to appeal under subparagraph (E).
`(C) ENROLLMENT- (i) The school selected in accordance with this paragraph shall immediately enroll the homeless child or youth, even if the child or youth is unable to produce records normally required for enrollment, such as previous academic records, medical records, proof of residency, or other documentation.
`(ii) The enrolling school shall immediately contact the school last attended by the child or youth to obtain relevant academic and other records.
`(iii) If the child or youth needs to obtain immunizations, or immunization or medical records, the enrolling school shall immediately refer the parent or guardian of the child or youth to the local educational agency liaison designated under paragraph (1)(J)(ii), who shall assist in obtaining necessary immunizations, or immunization or medical records, in accordance with subparagraph (D).
`(D) RECORDS- Any record ordinarily kept by the school, including immunization or medical records, academic records, birth certificates, guardianship records, and evaluations for special services or programs, regarding each homeless child or youth shall be maintained--
`(i) so that the records are available, in a timely fashion, when a child or youth enters a new school or school district; and
`(ii) in a manner consistent with section 444 of the General Education Provisions Act (20 U.S.C. 1232g).
`(E) ENROLLMENT DISPUTES- If a dispute arises over school selection or enrollment in a school--
`(i) the child or youth shall be immediately admitted to the school in which enrollment is sought, pending resolution of the dispute;
`(ii) the parent or guardian of the child or youth shall be provided with a written explanation of the school's decision regarding school selection or enrollment, including the rights of the parent, guardian, or youth to appeal the decision;
`(iii) the child, youth, parent, or guardian shall be referred to the local educational agency liaison designated under paragraph (1)(J)(ii), who shall carry out the dispute resolution process as described in paragraph (1)(C) as expeditiously as possible after receiving notice of the dispute; and
`(iv) in the case of an unaccompanied youth, the homeless liaison shall ensure that the youth is immediately enrolled in school pending resolution of the dispute.
`(F) PLACEMENT CHOICE- The choice regarding placement shall be made regardless of whether the child or youth lives with the homeless parents or has been temporarily placed elsewhere.
`(G) SCHOOL OF ORIGIN DEFINED- In this paragraph, the term `school of origin' means the school that the child or youth attended when permanently housed or the school in which the child or youth was last enrolled.
`(H) CONTACT INFORMATION- Nothing in this subtitle shall prohibit a local educational agency from requiring a parent or guardian of a homeless child to submit contact information.
`(4) COMPARABLE SERVICES- Each homeless child or youth to be assisted under this subtitle shall be provided services comparable to services offered to other students in the school selected under paragraph (3), including the following:
`(A) Transportation services.
`(B) Educational services for which the child or youth meets the eligibility criteria, such as services provided under title I of the Elementary and Secondary Education Act of 1965 or similar State or local programs, educational programs for children with disabilities, and educational programs for students with limited English proficiency.
`(C) Programs in vocational and technical education.
`(D) Programs for gifted and talented students.
`(E) School nutrition programs.
`(5) COORDINATION-
`(A) IN GENERAL- Each local educational agency serving homeless children and youths that receives assistance under this subtitle shall coordinate--
`(i) the provision of services under this subtitle with local social services agencies and other agencies or programs providing services to homeless children and youths and their families, including services and programs funded under the Runaway and Homeless Youth Act (42 U.S.C. 5701 et seq.); and
`(ii) with other local educational agencies on interdistrict issues, such as transportation or transfer of school records.
`(B) HOUSING ASSISTANCE- If applicable, each State educational agency and local educational agency that receives assistance under this subtitle shall coordinate with State and local housing agencies responsible for developing the comprehensive housing affordability strategy described in section 105 of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 12705) to minimize educational disruption for children and youths who become homeless.
`(C) COORDINATION PURPOSE- The coordination required under subparagraphs (A) and (B) shall be designed to--
`(i) ensure that homeless children and youths have access and reasonable proximity to available education and related support services; and
`(ii) raise the awareness of school personnel and service providers of the effects of short-term stays in a shelter and other challenges associated with homelessness.
`(6) LOCAL EDUCATIONAL AGENCY LIAISON-
`(A) DUTIES- Each local educational agency liaison for homeless children and youths, designated under paragraph (1)(J)(ii), shall ensure that--
`(i) homeless children and youths are identified by school personnel and through coordination activities with other entities and agencies;
`(ii) homeless children and youths enroll in, and have a full and equal opportunity to succeed in, schools of that local educational agency;
`(iii) homeless families, children, and youths receive educational services for which such families, children, and youths are eligible, including Head Start and Even Start programs and preschool programs administered by the local educational agency, and referrals to health care services, dental services, mental health services, and other appropriate services;
PART C--HOMELESS EDUCATION.1
`(iv) the parents or guardians of homeless children and youths are informed of the educational and related opportunities available to their children and are provided with meaningful opportunities to participate in the education of their children;
`(v) public notice of the educational rights of homeless children and youths is disseminated where such children and youths receive services under this Act, such as schools, family shelters, and soup kitchens;
`(vi) enrollment disputes are mediated in accordance with paragraph (3)(E); and
`(vii) the parent or guardian of a homeless child or youth, and any unaccompanied youth, is fully informed of all transportation services, including transportation to the school of origin, as described in paragraph (1)(J)(iii), and is assisted in accessing transportation to the school that is selected under paragraph (3)(A).
`(B) NOTICE- State coordinators established under subsection (d)(3) and local educational agencies shall inform school personnel, service providers, and advocates working with homeless families of the duties of the local educational agency liaisons.
`(C) LOCAL AND STATE COORDINATION- Local educational agency liaisons for homeless children and youths shall, as a part of their duties, coordinate and collaborate with State coordinators and community and school personnel responsible for the provision of education and related services to homeless children and youths.
`(7) REVIEW AND REVISIONS-
`(A) IN GENERAL- Each State educational agency and local educational agency that receives assistance under this subtitle shall review and revise any policies that may act as barriers to the enrollment of homeless children and youths in schools that are selected under paragraph (3).
`(B) CONSIDERATION- In reviewing and revising such policies, consideration shall be given to issues concerning transportation, immunization, residency, birth certificates, school records and other documentation, and guardianship.
`(C) SPECIAL ATTENTION- Special attention shall be given to ensuring the enrollment and attendance of homeless children and youths who are not currently attending school.
`SEC. 723. LOCAL EDUCATIONAL AGENCY SUBGRANTS FOR THE EDUCATION OF HOMELESS CHILDREN AND YOUTHS.
`(a) GENERAL AUTHORITY-
`(1) IN GENERAL- The State educational agency shall, in accordance with section 722(e), and from amounts made available to such agency under section 726, make subgrants to local educational agencies for the purpose of facilitating the enrollment, attendance, and success in school of homeless children and youths.
`(2) SERVICES-
`(A) IN GENERAL- Services under paragraph (1)--
`(i) may be provided through programs on school grounds or at other facilities;
`(ii) shall, to the maximum extent practicable, be provided through existing programs and mechanisms that integrate homeless children and youths with nonhomeless children and youths; and
`(iii) shall be designed to expand or improve services provided as part of a school's regular academic program, but not to replace such services provided under such program.
`(B) SERVICES ON SCHOOL GROUNDS- If services under paragraph (1) are provided on school grounds, schools--
`(i) may use funds under this subtitle to provide the same services to other children and youths who are determined by the local educational agency to be at risk of failing in, or dropping out of, school, subject to the requirements of clause (ii); and
`(ii) except as otherwise provided in section 722(e)(3)(B), shall not provide services in settings within a school that segregate homeless children and youths from other children and youths, except as necessary for short periods of time--
`(I) for health and safety emergencies; or
`(II) to provide temporary, special, and supplementary services to meet the unique needs of homeless children and youths.
`(3) REQUIREMENT- Services provided under this section shall not replace the regular academic program and shall be designed to expand upon or improve services provided as part of the school's regular academic program.
`(b) APPLICATION- A local educational agency that desires to receive a subgrant under this section shall submit an application to the State educational agency at such time, in such manner, and containing or accompanied by such information as the State educational agency may reasonably require. Such application shall include the following:
`(1) An assessment of the educational and related needs of homeless children and youths in the area served by such agency (which may be undertaken as part of needs assessments for other disadvantaged groups).
`(2) A description of the services and programs for which assistance is sought to address the needs identified in paragraph (1).
`(3) An assurance that the local educational agency's combined fiscal effort per student, or the aggregate expenditures of that agency and the State with respect to the provision of free public education by such agency for the fiscal year preceding the fiscal year for which the determination is made, was not less than 90 percent of such combined fiscal effort or aggregate expenditures for the second fiscal year preceding the fiscal year for which the determination is made.
`(4) An assurance that the applicant complies with, or will use requested funds to comply with, paragraphs (3) through (7) of section 722(g).
`(5) A description of policies and procedures, consistent with section 722(e)(3), that the agency will implement to ensure that activities carried out by the agency will not isolate or stigmatize homeless children and youths.
`(c) AWARDS-
`(1) IN GENERAL- The State educational agency shall, in accordance with the requirements of this subtitle and from amounts made available to it under section 726, make competitive subgrants to local educational agencies that submit applications under subsection (b). Such subgrants shall be awarded on the basis of the need of such agencies for assistance under this subtitle and the quality of the applications submitted.
`(2) NEED- In determining need under paragraph (1), the State educational agency may consider the number of homeless children and youths enrolled in preschool, elementary, and secondary schools within the area served by the local educational agency, and shall consider the needs of such children and youths and the ability of the local educational agency to meet such needs. The State educational agency may also consider the following:
`(A) The extent to which the proposed use of funds will facilitate the enrollment, retention, and educational success of homeless children and youths.
`(B) The extent to which the application--
`(i) reflects coordination with other local and State agencies that serve homeless children and youths; and
`(ii) describes how the applicant will meet the requirements of section 722(g)(3).
`(C) The extent to which the applicant exhibits in the application and in current practice a commitment to education for all homeless children and youths.
`(D) Such other criteria as the State agency determines appropriate.
`(3) QUALITY- In determining the quality of applications under paragraph (1), the State educational agency shall consider the following:
`(A) The applicant's needs assessment under subsection (b)(1) and the likelihood that the program presented in the application will meet such needs.
`(B) The types, intensity, and coordination of the services to be provided under the program.
`(C) The involvement of parents or guardians of homeless children or youths in the education of their children.
`(D) The extent to which homeless children and youths will be integrated within the regular education program.
`(E) The quality of the applicant's evaluation plan for the program.
`(F) The extent to which services provided under this subtitle will be coordinated with other services available to homeless children and youths and their families.
`(G) Such other measures as the State educational agency considers indicative of a high-quality program, such as the extent to which the local educational agency will provide case management or related services to unaccompanied youths.
`(4) DURATION OF GRANTS- Grants awarded under this section shall be for terms not to exceed 3 years.
`(d) AUTHORIZED ACTIVITIES- A local educational agency may use funds awarded under this section for activities that carry out the purpose of this subtitle, including the following:
`(1) The provision of tutoring, supplemental instruction, and enriched educational services that are linked to the achievement of the same challenging State academic content standards and challenging State student academic achievement standards the State establishes for other children and youths.
`(2) The provision of expedited evaluations of the strengths and needs of homeless children and youths, including needs and eligibility for programs and services (such as educational programs for gifted and talented students, children with disabilities, and students with limited English proficiency, services provided under title I of the Elementary and Secondary Education Act of 1965 or similar State or local programs, programs in vocational and technical education, and school nutrition programs).
`(3) Professional development and other activities for educators and pupil services personnel that are designed to heighten the understanding and sensitivity of such personnel to the needs of homeless children and youths, the rights of such children and youths under this subtitle, and the specific educational needs of runaway and homeless youths.
`(4) The provision of referral services to homeless children and youths for medical, dental, mental, and other health services.
`(5) The provision of assistance to defray the excess cost of transportation for students under section 722(g)(4)(A), not otherwise provided through Federal, State, or local funding, where necessary to enable students to attend the school selected under section 722(g)(3).
`(6) The provision of developmentally appropriate early childhood education programs, not otherwise provided through Federal, State, or local funding, for preschool-aged homeless children.
`(7) The provision of services and assistance to attract, engage, and retain homeless children and youths, and unaccompanied youths, in public school programs and services provided to nonhomeless children and youths.
`(8) The provision for homeless children and youths of before- and after-school, mentoring, and summer programs in which a teacher or other qualified individual provides tutoring, homework assistance, and supervision of educational activities.
`(9) If necessary, the payment of fees and other costs associated with tracking, obtaining, and transferring records necessary to enroll homeless children and youths in school, including birth certificates, immunization or medical records, academic records, guardianship records, and evaluations for special programs or services.
`(10) The provision of education and training to the parents of homeless children and youths about the rights of, and resources available to, such children and youths.
`(11) The development of coordination between schools and agencies providing services to homeless children and youths, as described in section 722(g)(5).
`(12) The provision of pupil services (including violence prevention counseling) and referrals for such services.
`(13) Activities to address the particular needs of homeless children and youths that may arise from domestic violence.
`(14) The adaptation of space and purchase of supplies for any nonschool facilities made available under subsection (a)(2) to provide services under this subsection.
`(15) The provision of school supplies, including those supplies to be distributed at shelters or temporary housing facilities, or other appropriate locations.
`(16) The provision of other extraordinary or emergency assistance needed to enable homeless children and youths to attend school.
`SEC. 724. SECRETARIAL RESPONSIBILITIES.
`(a) REVIEW OF STATE PLANS- In reviewing the State plan submitted by a State educational agency under section 722(g), the Secretary shall use a peer review process and shall evaluate whether State laws, policies, and practices described in such plan adequately address the problems of homeless children and youths relating to access to education and placement as described in such plan.
`(b) TECHNICAL ASSISTANCE- The Secretary shall provide support and technical assistance to a State educational agency to assist such agency in carrying out its responsibilities under this subtitle, if requested by the State educational agency.
`(c) NOTICE- The Secretary shall, before the next school year that begins after the date of enactment of the McKinney-Vento Homeless Education Assistance Improvements Act of 2001, create and disseminate nationwide a public notice of the educational rights of homeless children and youths and disseminate such notice to other Federal agencies, programs, and grantees, including Head Start grantees, Health Care for the Homeless grantees, Emergency Food and Shelter grantees, and homeless assistance programs administered by the Department of Housing and Urban Development.
`(d) EVALUATION AND DISSEMINATION- The Secretary shall conduct evaluation and dissemination activities of programs designed to meet the educational needs of homeless elementary and secondary school students, and may use funds appropriated under section 726 to conduct such activities.
`(e) SUBMISSION AND DISTRIBUTION- The Secretary shall require applications for grants under this subtitle to be submitted to the Secretary not later than the expiration of the 60-day period beginning on the date that funds are available for purposes of making such grants and shall make such grants not later than the expiration of the 120-day period beginning on such date.
`(f) DETERMINATION BY SECRETARY- The Secretary, based on the information received from the States and information gathered by the Secretary under subsection (h), shall determine the extent to which State educational agencies are ensuring that each homeless child and homeless youth has access to a free appropriate public education, as described in section 721(1).
`(g) GUIDELINES- The Secretary shall develop, issue, and publish in the Federal Register, not later than 60 days after the date of enactment of the McKinney-Vento Homeless Education Assistance Improvements Act of 2001, school enrollment guidelines for States with respect to homeless children and youths. The guidelines shall describe--
`(1) successful ways in which a State may assist local educational agencies to immediately enroll homeless children and youths in school; and
`(2) how a State can review the State's requirements regarding immunization and medical or school records and make such revisions to the requirements as are appropriate and necessary in order to enroll homeless children and youths in school immediately.
`(h) INFORMATION-
`(1) IN GENERAL- From funds appropriated under section 726, the Secretary shall, directly or through grants, contracts, or cooperative agreements, periodically collect and disseminate data and information regarding--
`(A) the number and location of homeless children and youths;
`(B) the education and related services such children and youths receive;
`(C) the extent to which the needs of homeless children and youths are being met; and
`(D) such other data and information as the Secretary determines to be necessary and relevant to carry out this subtitle.
`(2) COORDINATION- The Secretary shall coordinate such collection and dissemination with other agencies and entities that receive assistance and administer programs under this subtitle.
`(i) REPORT- Not later than 4 years after the date of enactment of the McKinney-Vento Homeless Education Assistance Improvements Act of 2001, the Secretary shall prepare and submit to the President and the Committee on Education and the Workforce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate a report on the status of education of homeless children and youths, which shall include information on--
`(1) the education of homeless children and youths; and
`(2) the actions of the Secretary and the effectiveness of the programs supported under this subtitle.
`SEC. 725. DEFINITIONS.
`For purposes of this subtitle:
`(1) The terms `enroll' and `enrollment' include attending classes and participating fully in school activities.
`(2) The term `homeless children and youths'--
`(A) means individuals who lack a fixed, regular, and adequate nighttime residence (within the meaning of section 103(a)(1)); and
`(B) includes--
`(i) children and youths who are sharing the housing of other persons due to loss of housing, economic hardship, or a similar reason; are living in motels, hotels, trailer parks, or camping grounds due to the lack of alternative adequate accommodations; are living in emergency or transitional shelters; are abandoned in hospitals; or are awaiting foster care placement;
`(ii) children and youths who have a primary nighttime residence that is a public or private place not designed for or ordinarily used as a regular sleeping accommodation for human beings (within the meaning of section 103(a)(2)(C));
`(iii) children and youths who are living in cars, parks, public spaces, abandoned buildings, substandard housing, bus or train stations, or similar settings; and
`(iv) migratory children (as such term is defined in section 1309 of the Elementary and Secondary Education Act of 1965) who qualify as homeless for the purposes of this subtitle because the children are living in circumstances described in clauses (i) through (iii).
`(3) The terms `local educational agency' and `State educational agency' have the meanings given such terms in section 9101 of the Elementary and Secondary Education Act of 1965.
`(4) The term `Secretary' means the Secretary of Education.
`(5) The term `State' means each of the 50 States, the District of Columbia, and the Commonwealth of Puerto Rico.
`(6) The term `unaccompanied youth' includes a youth not in the physical custody of a parent or guardian.
`SEC. 726. AUTHORIZATION OF APPROPRIATIONS.
`For the purpose of carrying out this subtitle, there are authorized to be appropriated $70,000,000 for fiscal year 2002 and such sums as may be necessary for each of fiscal years 2003 through 2007.'.
SEC. 1033. CONFORMING AMENDMENT.
The table of contents of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11301 note) is amended so that the items relating to subtitle B of title VII read as follows:
`Subtitle B--Education for Homeless Children and Youths
`Sec. 721. Statement of policy.
`Sec. 722. Grants for State and local activities for the education of homeless children and youths.
`Sec. 723. Local educational agency subgrants for the education of homeless children and youths.
`Sec. 724. Secretarial responsibilities.
`Sec. 725. Definitions.
`Sec. 726. Authorization of appropriations.'.
SEC. 1034. TECHNICAL AMENDMENT.
(a) IN GENERAL- Section 1 of Public Law 106-400 (42 U.S.C. 11301) is amended by striking `Section 1 of' and inserting `Section 101 of'.
(b) EFFECTIVE DATE- The amendment made by subsection (a) shall be deemed to be effective on the date of enactment of Public Law 106-400.
PART D--NATIVE AMERICAN EDUCATION IMPROVEMENT
SEC. 1041. SHORT TITLE.
This part may be cited as the `Native American Education Improvement Act of 2001'.
SEC. 1042. AMENDMENTS TO THE EDUCATION AMENDMENTS OF 1978.
Part B of title XI of the Education Amendments of 1978 (25 U.S.C. 2001 et seq.) is amended to read as follows:
PART B--BUREAU OF INDIAN AFFAIRS PROGRAMS
`SEC. 1120. DECLARATION OF POLICY.
`Congress declares that the Federal Government has the sole responsibility for the operation and financial support of the Bureau of Indian Affairs funded school system that it has established on or near Indian reservations and Indian trust lands throughout the Nation for Indian children. It is the policy of the United States to fulfill the Federal Government's unique and continuing trust relationship with and responsibility to the Indian people for the education of Indian children and for the operation and financial support of the Bureau of Indian Affairs-funded school system to work in full cooperation with tribes toward the goal of ensuring that the programs of the Bureau of Indian Affairs-funded school system are of the highest quality and provide for the basic elementary and secondary educational needs of Indian children, including meeting the unique educational and cultural needs of those children.
`SEC. 1121. ACCREDITATION FOR THE BASIC EDUCATION OF INDIAN CHILDREN IN BUREAU OF INDIAN AFFAIRS SCHOOLS.
`(a) PURPOSE; DECLARATIONS OF PURPOSE-
`(1) PURPOSE- The purpose of the accreditation required under this section shall be to ensure that Indian students being served by a school funded by the Bureau of Indian Affairs are provided with educational opportunities that equal or exceed those for all other students in the United States.
`(2) DECLARATIONS OF PURPOSE- Local school boards for schools operated by the Bureau of Indian Affairs, in cooperation and consultation with the appropriate tribal governing bodies and their communities, are encouraged to adopt declarations of purpose for education for their communities, taking into account the implications of such declarations on education in their communities and for their schools. In adopting such declarations of purpose, the school boards shall consider the effect the declarations may have on the motivation of students and faculties.
`(b) ACCREDITATION-
`(1) DEADLINE-
`(A) IN GENERAL- Not later than 24 months after the date of enactment of the Native American Education Improvement Act of 2001, each Bureau-funded school shall, to the extent that necessary funds are provided, be a candidate for accreditation or be accredited--
`(i) by a tribal accrediting body, if the accreditation standards of the tribal accrediting body have been accepted by formal action of the tribal governing body and such accreditation is acknowledged by a generally recognized State certification or regional accrediting agency;
`(ii) by a regional accreditation agency;
`(iii) by State accreditation standards for the State in which the Bureau-funded school is located; or
`(iv) in the case of a Bureau-funded school that is located on a reservation that is located in more than one State, in accordance with the State accreditation standards of one State as selected by the tribal government.
`(B) FEASIBILITY STUDY- Not later than 12 months after the date of enactment of the Native American Education Improvement Act of 2001, the Secretary of the Interior and the Secretary of Education shall, in consultation with Indian tribes, Indian education organizations, and accrediting agencies, develop and submit to the appropriate committees of Congress a report on the desirability and feasibility of establishing a tribal accreditation agency that would--
`(i) review and acknowledge the accreditation standards for Bureau-funded schools; and
`(ii) establish accreditation procedures to facilitate the application, review of the standards and review processes, and recognition of qualified and credible tribal departments of education as accrediting bodies serving tribal schools.
`(2) DETERMINATION OF ACCREDITATION TO BE APPLIED- The accreditation type applied for each school shall be determined by the tribal governing body, or the school board, if authorized by the tribal governing body.
`(3) ASSISTANCE TO SCHOOL BOARDS-
`(A) IN GENERAL- The Secretary, through contracts and grants, shall provide technical and financial assistance to Bureau-funded schools, to the extent that necessary amounts are made available, to enable such schools to obtain the accreditation required under this subsection, if the school boards request that such assistance, in part or in whole, be provided.
`(B) ENTITIES THROUGH WHICH ASSISTANCE MAY BE PROVIDED- The Secretary may provide such assistance directly or through the Department of Education, an institution of higher education, a private not-for-profit organization or for-profit organization, an educational service agency, or another entity with demonstrated experience in assisting schools in obtaining accreditation.
`(4) APPLICATION OF CURRENT STANDARDS DURING ACCREDITATION- A Bureau-funded school that is seeking accreditation shall remain subject to the standards issued under section 1121 of the Education Amendments of 1978 and in effect on the day before the date of enactment of the Native American Education Improvement Act of 2001 until such time as the school is accredited, except that if any of such standards are in conflict with the standards of the accrediting agency, the standards of such agency shall apply in such case.
`(5) ANNUAL REPORT ON UNACCREDITED SCHOOLS- Not later than 90 days after the end of each school year, the Secretary shall prepare and submit to the Committee on Appropriations, the Committee on Education and the Workforce, and the Committee on Resources of the House of Representatives and the Committee on Appropriations, the Committee on Indian Affairs, and the Committee on Health, Education, Labor, and Pensions of the Senate, a report concerning unaccredited Bureau-funded schools that--
`(A) identifies those Bureau-funded schools that fail to be accredited or to be candidates for accreditation within the period provided for in paragraph (1);
`(B) with respect to each Bureau-funded school identified under subparagraph (A), identifies the reasons that each such school is not accredited or a candidate for accreditation, as determined by the appropriate accreditation agency, and a description of any possible way in which to remedy such nonaccreditation; and
`(C) with respect to each Bureau-funded school for which the reported reasons for the lack of accreditation under subparagraph (B) are a result of the school's inadequate basic resources, contains information and funding requests for the full funding needed to provide such schools with accreditation, such funds if provided shall be applied to such unaccredited school under this paragraph.
`(6) OPPORTUNITY TO REVIEW AND PRESENT EVIDENCE-
`(A) IN GENERAL- Prior to including a Bureau-funded school in an annual report required under paragraph (5), the Secretary shall--
`(i) ensure that the school has exhausted all administrative remedies provided by the accreditation agency; and
`(ii) provide the school with an opportunity to review the data on which such inclusion is based.
`(B) PROVISION OF ADDITIONAL INFORMATION- If the school board of a school that the Secretary has proposed for inclusion in an annual report under paragraph (5) believes that such inclusion is in error, the school board may provide to the Secretary such information as the board believes is in conflict with the information and conclusions of the Secretary with respect to the determination to include the school in such annual report. The Secretary shall consider such information provided by the school board before making a final determination concerning the inclusion of the school in any such report.
`(C) PUBLICATION OF ACCREDITATION STATUS- Not later than 30 days after making an initial determination to include a school in an annual report under paragraph (5), the Secretary shall make public the final determination on the accreditation status of the school.
`(7) SCHOOL PLAN-
`(A) IN GENERAL- Not later than 120 days after the date on which a school is included in an annual report under paragraph (5), the school shall develop a school plan, in consultation with interested parties including parents, school staff, the school board, and other outside experts (if appropriate), that shall be submitted to the Secretary for approval. The school plan shall cover a 3-year period and shall--
`(i) incorporate strategies that address the specific issues that caused the school to fail to be accredited or fail to be a candidate for accreditation;
`(ii) incorporate policies and practices concerning the school that have the greatest likelihood of ensuring that the school will obtain accreditation during the 3-year period beginning on the date on which the plan is implemented;
`(iii) contain an assurance that the school will reserve the necessary funds, from the funds described in paragraph (3), for each fiscal year for the purpose of obtaining accreditation;
`(iv) specify how the funds described in clause (iii) will be used to obtain accreditation;
`(v) establish specific annual, objective goals for measuring continuous and significant progress made by the school in a manner that will ensure the accreditation of the school within the 3-year period described in clause (ii);
`(vi) identify how the school will provide written notification about the lack of accreditation to the parents of each student enrolled in such school, in a format and, to the extent practicable, in a language the parents can understand; and
`(vii) specify the responsibilities of the school board and any assistance to be provided by the Secretary under paragraph (3).
`(B) IMPLEMENTATION- A school shall implement the school plan under subparagraph (A) expeditiously, but in no event later than the beginning of the school year following the school year in which the school was included in the annual report under paragraph (5) so long as the necessary resources have been provided to the school.
`(C) REVIEW OF PLAN- Not later than 45 days after receiving a school plan, the Secretary shall--
`(i) establish a peer-review process to assist with the review of the plan; and
`(ii) promptly review the school plan, work with the school as necessary, and approve the school plan if the plan meets the requirements of this paragraph.
`(8) CORRECTIVE ACTION-
`(A) DEFINITION- In this subsection, the term `corrective action' means any action that--
`(i) substantially and directly responds to--
`(I) the failure of a school to achieve accreditation; and
`(II) any underlying staffing, curriculum, or other programmatic problem in the school that contributed to the lack of accreditation; and
`(ii) is designed to increase substantially the likelihood that the school will be accredited.
`(B) WAIVER- The Secretary shall grant a waiver which shall exempt a school from any or all of the requirements of this paragraph and paragraph (7) (though such school shall be required to comply with the standards contained in part 36 of title 25, Code of Federal Register, as in effect on the date of enactment of the Native American Education Improvement Act of 2001) if the school--
`(i) is identified in the report described in paragraph (5)(C); and
`(ii) fails to be accredited for reasons that are beyond the control of the school board, as determined by the Secretary, including, but not limited to--
`(I) a significant decline in financial resources;
`(II) the poor condition of facilities, vehicles, or other property; and
`(III) a natural disaster.
`(C) DUTIES OF SECRETARY- After providing assistance to a school under paragraph (3), the Secretary shall--
`(i) annually review the progress of the school under the applicable school plan to determine whether the school is meeting, or making adequate progress toward achieving the goals described in paragraph (7)(A)(v) with respect to reaccreditation or becoming a candidate for accreditation;
`(ii) except as provided in subparagraph (B), continue to provide assistance while implementing the school's plan, and, if determined appropriate by the Secretary, take corrective action with respect to the school if it fails to be accredited at the end of the third full year immediately following the date that the school's plan was first in effect under paragraph (7);
`(iii) provide all students enrolled in a school that is eligible for a corrective action determination by the Secretary under clause (ii) with the option to transfer to another public or Bureau-funded school, including a public charter school, that is accredited;
`(iv) promptly notify the parents of children enrolled in a school that is eligible for a corrective action determination by the Secretary under clause (ii) of the option to transfer their child to another public or Bureau-funded school; and
`(v) provide, or pay for the provision of, transportation for each student described in clause (iii) to the school described in clause (iii) to which the student elects to be transferred to the extent funds are available, as determined by the tribal governing body.
`(D) FAILURE OF SCHOOL PLAN OF BUREAU-OPERATED SCHOOL- With respect to a Bureau-operated school that fails to be accredited at the end of the third full year immediately following the date that the school's plan was first in effect under paragraph (7), the Secretary may take one or more of the following corrective actions:
`(i) Institute and fully implement actions suggested by the accrediting agency.
`(ii) Consult with the tribe involved to determine the causes for the lack of accreditation including potential staffing and administrative changes that are or may be necessary.
`(iii) Set aside a certain amount of funds that may only be used by the school to obtain accreditation.
`(iv)(I) Provide the tribe with a 60-day period during which to determine whether the tribe desires to operate the school as a contract or grant school before meeting the accreditation requirements in section 5207(c) of the Tribally Controlled Schools Act of 1988 at the beginning of the next school year following the determination to take corrective action. If the tribe agrees to operate the school as a contract or grant school, the tribe shall prepare a plan, pursuant to paragraph (7), for approval by the Secretary in accordance with paragraph (7), to achieve accreditation.
`(II) If the tribe declines to assume control of the school, the Secretary, in consultation with the tribe, may contract with an outside entity, consistent with applicable law, or appoint a receiver or trustee to operate and administer the affairs of the school until the school is accredited. The outside entity, receiver, or trustee shall prepare a plan, pursuant to paragraph (7), for approval by the Secretary in accordance with paragraph (7).
`(III) Upon accreditation of the school, the Secretary shall allow the tribe to continue to operate the school as a grant or contract school, or if the school is being controlled by an outside entity, provide the tribe with the option to assume operation of the school as a contract school, in accordance with the Indian Self-Determination Act, or as a grant school in accordance with the Tribally Controlled Schools Act of 1988, at the beginning of the school year following the school year in which the school obtains accreditation. If the tribe declines, the Secretary may allow the outside entity, receiver, or trustee to continue the operation of the school or reassume control of the school.
`(E) FAILURE OF SCHOOL PLAN OF CONTRACT OR GRANT SCHOOL-
`(i) CORRECTIVE ACTION- With respect to a contract or grant school that fails to be accredited at the end of the third full year immediately following the date that the school's plan was first in effect under paragraph (7), the Secretary may take one or more of the corrective actions described in subparagraph (D)(i) and (D)(ii). The Secretary shall implement such corrective action for at least 1 year prior to taking any action described under clause (ii).
`(ii) OUTSIDE ENTITY- If the corrective action described in clause (i) does not result in accreditation of the school, the Secretary, in conjunction with the tribal governing body, may contract with an outside entity to operate the school in order to achieve accreditation of the school within 2 school years. Prior to entering into such a contract, the Secretary shall develop a proposal for such operation which shall include, at a minimum, the following elements:
`(I) The identification of one or more outside entities each of which has demonstrated to the Secretary its ability to develop a satisfactory plan for achieving accreditation and its willingness and availability to undertake such a plan.
`(II) A plan for implementing operation of the school by such an outside entity, including the methodology for oversight and evaluation of the performance of the outside entity by the Secretary and the tribe.
`(iii) PROPOSAL AMENDMENTS- The tribal governing body shall have 60 days to amend the plan developed pursuant to clause (ii), including identifying another outside entity to operate the school. The Secretary shall reach agreement with the tribal governing body on the proposal and any such amendments to the plan not later than 30 days after the expiration of the 60-day period described in the preceding sentence. After the approval of the proposal and any amendments, the Secretary, with continuing consultation with such tribal governing body, shall implement the proposal.
`(iv) ACCREDITATION- Upon accreditation of the school, the tribe shall have the option to assume the operation and administration of the school as a contract school after complying with the Indian Self-Determination Act, or as a grant school, after complying with the Tribally Controlled Schools Act of 1988, at the beginning of the school year following the year in which the school obtains accreditation.
`(v) RETROCEDE- Nothing in this subparagraph shall limit a tribe's right to retrocede operation of a school to the Secretary pursuant to section 105(e) of the Indian Self-Determination Act (with respect to a contract school) or section 5204(f) of the Tribally Controlled Schools Act of 1988 (with respect to a grant school).
`(vi) CONSISTENT- The provisions of this subparagraph shall be construed to be consistent with the provisions of the Tribally Controlled Schools Act of 1988 and the Indian Self-Determination Act as in effect on the day before the date of enactment of the Native American Education Improvement Act of 2001, and shall not be construed as expanding the authority of the Secretary under any other law.
`(F) HEARING- With respect to a school that is operated pursuant to a grant, or a school that is operated under a contract under the Indian Self-Determination Act, prior to implementing any corrective action under this paragraph, the Secretary shall provide notice and an opportunity for a hearing to the affected school pursuant to section 5207 of the Tribally Controlled Schools Act of 1988.
`(9) STATUTORY CONSTRUCTION- Nothing in this section shall be construed to alter or otherwise affect the rights, remedies, and procedures afforded to school employees under applicable law (including applicable regulations or court orders) or under the terms of any collective bargaining agreement, memorandum of understanding, or other agreement between such employees and their employers.
`(10) FISCAL CONTROL AND FUND ACCOUNTING STANDARDS- The Bureau shall, either directly or through contract with an Indian organization, establish a consistent system of reporting standards for fiscal control and fund accounting for all contract and grant schools. Such standards shall provide data comparable to those used by Bureau-operated schools.
`(c) ANNUAL PLAN-
`(1) IN GENERAL- Except as provided in subsection (b), the Secretary shall implement the standards in effect under this section on the day before the date of enactment of the Native American Education Improvement Act of 2001.
`(2) PLAN- On an annual basis, the Secretary shall submit to the appropriate committees of Congress, all Bureau-funded schools, and the tribal governing bodies of such schools a detailed plan to ensure that all Bureau-funded schools are accredited, or if such schools are in the process of obtaining accreditation that such schools meet the Bureau standards in effect on the day before the date of enactment of the Native American Education Improvement Act of 2001 to the extent that such standards do not conflict with the standards of the accrediting agency. Such plan shall include detailed information on the status of each school's educational program in relation to the applicable standards, specific cost estimates for meeting such standards at each school, and specific timelines for bringing each school up to the level required by such standards.
`(d) CLOSURE OR CONSOLIDATION OF SCHOOLS-
`(1) IN GENERAL- Except as specifically required by law--
`(A) no Bureau-funded school or dormitory operated on or after January 1, 1992, may be closed, consolidated, or transferred to another authority; and
`(B) no program of such a school may be substantially curtailed except in accordance with the requirements of this subsection.
`(2) EXCEPTIONS- This subsection (other than this paragraph) shall not apply--
`(A) in those cases in which the tribal governing body for a school, or the local school board concerned (if designated by the tribal governing body to act under this paragraph), requests the closure, consolidation, or substantial curtailment; or
`(B) if a temporary closure, consolidation, or substantial curtailment is required by facility conditions that constitute an immediate hazard to health and safety.
`(3) REGULATIONS- The Secretary shall, by regulation, promulgate standards and procedures for the closure, transfer to another authority, consolidation, or substantial curtailment of Bureau schools, in accordance with the requirements of this subsection.
`(4) NOTICE-
`(A) IN GENERAL- In a case in which closure, transfer to another authority, consolidation, or substantial curtailment of a school is under active consideration or review by any division of the Bureau or the Department of the Interior, the affected tribe, tribal governing body, and designated local school board will be notified immediately in writing, kept fully and currently informed, and afforded an opportunity to comment with respect to such consideration or review.
`(B) DECISION TO CLOSE- If a formal decision is made to close, transfer to another authority, consolidate, or substantially curtail a school, the affected tribe, tribal governing body, and designated school board shall be notified not later than 180 days before the end of the school year preceding the proposed closure date.
`(C) COPIES- Copies of any such notices and information shall be--
`(i) submitted promptly to the appropriate committees of Congress; and
`(ii) published in the Federal Register.
`(5) REPORT- The Secretary shall submit to the appropriate committees of Congress, the affected tribe, and the designated school board, a report describing the process of the active consideration or review referred to in paragraph (4) that includes--
`(A) a study of the impact of such action on the student population;
`(B) a description of those students with particular educational and social needs;
`(C) recommendations to ensure that alternative services are available to such students; and
`(D) a description of the consultation conducted between the potential service provider, current service provider, parents, tribal representatives and the tribe or tribes involved, and the Director of the Office of Indian Education Programs within the Bureau regarding such students.
`(6) LIMITATION ON CERTAIN ACTIONS- No irrevocable action may be taken in furtherance of any such proposed school closure, transfer to another authority, consolidation, or substantial curtailment (including any action which would prejudice the personnel or programs of such school) prior to the end of the first full academic year after such report is made.
`(7) TRIBAL GOVERNING BODY APPROVAL REQUIRED FOR CERTAIN ACTIONS- The Secretary may, with the approval of the tribal governing body, terminate, contract, transfer to any other authority, consolidate, or substantially curtail the operation or facilities of--
`(A) any Bureau-funded school that is operated on or after January 1, 1999;
`(B) any program of such a school that is operated on or after January 1, 1999; or
`(C) any school board of a school operated under a grant under the Tribally Controlled Schools Act of 1988.
`(e) APPLICATION FOR CONTRACTS OR GRANTS FOR NON-BUREAU-FUNDED SCHOOLS OR EXPANSION OF BUREAU-FUNDED SCHOOLS-
`(1) REVIEW BY SECRETARY-
`(A) CONSIDERATION OF FACTORS-
`(i) IN GENERAL- The Secretary shall consider only the factors described in subparagraph (B) 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
`(II) 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) NO DENIAL BASED ON GEOGRAPHIC PROXIMITY- With respect to applications described in this subparagraph, the Secretary shall give consideration to all factors described in subparagraph (B), but no such application shall be denied based primarily upon the geographic proximity of comparable public education.
`(B) FACTORS- With respect to applications described in subparagraph (A), the Secretary shall consider the following factors relating to the program and services that are the subject of the application:
`(i) The adequacy of the facilities or the potential to obtain or provide adequate facilities.
`(ii) Geographic and demographic factors in the affected areas.
`(iii) The adequacy of the applicant's program plans or, in the case of a Bureau-funded school, of projected needs analysis done either by the tribe or the Bureau.
`(iv) Geographic 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.
`(vi) Adequacy and comparability of programs already available.
`(vii) Consistency of available programs with tribal educational codes or tribal legislation on education.
`(viii) The history and success of those services for the proposed population to be served, as determined from all factors, including standardized examination performance.
`(2) DETERMINATION ON APPLICATION-
`(A) IN GENERAL- Not later than 180 days after the date on which an application described in paragraph (1)(A) is submitted to the Secretary, the Secretary shall make a determination of whether to approve the application.
`(B) FAILURE TO MAKE DETERMINATION- If the Secretary fails to make a determination with respect to an application by the date described in subparagraph (A), the application shall be deemed to have been approved by the Secretary.
`(3) REQUIREMENTS FOR APPLICATIONS-
`(A) IN GENERAL- Notwithstanding paragraph (2)(B), an application described in paragraph (1)(A) may be approved by 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) INCLUDED INFORMATION- Each application described in paragraph (1)(A) shall include information concerning each of the factors described in paragraph (1)(B).
`(4) DENIAL OF APPLICATIONS- If the Secretary denies an application described in paragraph (1)(A), the Secretary shall--
`(A) state the objections to the application in writing to the applicant not later than 180 days after the date the application is submitted to the Secretary;
`(B) provide assistance to the applicant to overcome the stated objections;
`(C) provide to the applicant a hearing on the record regarding the denial, under the same rules and regulations as apply under the Indian Self-Determination and Education Assistance Act; and
`(D) provide to the applicant a notice of the applicant's appeals rights and an opportunity to appeal the decision resulting from the hearing under subparagraph (D).
`(5) EFFECTIVE DATE OF A SUBJECT APPLICATION-
`(A) IN GENERAL- Except as otherwise provided in this paragraph, an action that is the subject of any application described in paragraph (1)(A) that is approved by the Secretary shall become effective--
PART D--NATIVE AMERICAN EDUCATION IMPROVEMENT.1
`(i) at the beginning of the academic year following the fiscal year in which the application is approved; or
`(ii) at an earlier date determined by the Secretary.
`(B) APPLICATIONS DEEMED APPROVED- If an application is deemed to have been approved by the Secretary under paragraph (2)(B), the action that is the subject of the application shall become effective--
`(i) on the date that is 18 months after the date on which the application is submitted to the Secretary; or
`(ii) at an earlier date determined by the Secretary.
`(6) STATUTORY CONSTRUCTION- Nothing in this section or any other provision of law, shall be construed to preclude the expansion of grades and related facilities at a Bureau-funded school, if such expansion is paid for with non-Bureau funds. Subject to the availability of appropriated funds the Secretary is authorized to provide the necessary funds needed to supplement the cost of operations and maintenance of such expansion.
`(f) JOINT ADMINISTRATION- Administrative, transportation, and program cost funds received by Bureau-funded schools, and any program from the Department of Education or any other Federal agency for the purpose of providing education or related services, and other funds received for such education and related services from nonfederally funded programs, shall be apportioned and the funds shall be retained at the school.
`(g) GENERAL USE OF FUNDS- Funds received by Bureau-funded schools from the Bureau of Indian Affairs, and under any program from the Department of Education or any other Federal agency, for the purpose of providing education or related services may be used for schoolwide projects to improve the educational program for all Indian students.
`(h) STUDY ON ADEQUACY OF FUNDS AND FORMULAS-
`(1) STUDY- The Comptroller General of the United States shall conduct a study to determine the adequacy of funding, and formulas used by the Bureau to determine funding, for programs operated by Bureau-funded schools, taking into account unique circumstances applicable to Bureau-funded schools. The study shall analyze existing information gathered and contained in germane studies that have been conducted or are currently being conducted with regard to Bureau-funded schools.
`(2) ACTION- Upon completion of the study, the Secretary of the Interior shall take such action as necessary to ensure distribution of the findings of the study to all affected Indian tribes, local school boards, and associations of local school boards.
`SEC. 1122. NATIONAL CRITERIA FOR HOME-LIVING SITUATIONS.
`(a) REVISION OF STANDARDS-
`(1) IN GENERAL- The Secretary, in consultation with the Secretary of Education, Indian organizations and tribes, and Bureau-funded schools, shall revise the national standards for home-living (dormitory) situations to include such factors as heating, lighting, cooling, adult-child ratios, needs for counselors (including special needs related to off-reservation home-living (dormitory) situations), therapeutic programs, space, and privacy.
`(2) IMPLEMENTATION- Such standards shall be implemented in Bureau-operated schools, and shall serve as minimum standards for contract or grant schools.
`(3) REVISION AFTER ESTABLISHMENT- Once established, any revisions of such standards shall be developed according to the requirements established under section 1137.
`(b) IMPLEMENTATION- The Secretary shall implement the revised standards established under this section immediately upon completion of the standards.
`(c) PLAN-
`(1) IN GENERAL- The Secretary shall submit to the appropriate committees of Congress, the tribes, and the affected schools, and publish in the Federal Register, a detailed plan to bring all Bureau-funded schools that provide home-living (dormitory) situations up to the standards established under this section.
`(2) COMPONENTS OF PLAN- The plan described in paragraph (1) shall include--
`(A) a statement of the relative needs of each Bureau-funded home-living (dormitory) school;
`(B) projected future needs of each Bureau-funded home-living (dormitory) school;
`(C) detailed information on the status of each school in relation to the standards established under this section;
`(D) specific cost estimates for meeting each standard for each such school;
`(E) aggregate cost estimates for bringing all such schools into compliance with the criteria established under this section; and
`(F) specific timelines for bringing each school into compliance with such standards.
`(d) WAIVER-
`(1) IN GENERAL- A tribal governing body or local school board may, in accordance with this subsection, waive the standards established under this section for a school described in subsection (a).
`(2) INAPPROPRIATE STANDARDS-
`(A) IN GENERAL- A tribal governing body, or the local school board so designated by the tribal governing body, may waive, in whole or in part, the standards established under this section if such standards are determined by such body or board to be inappropriate for the needs of students from that tribe.
`(B) ALTERNATIVE STANDARDS- The tribal governing body or school board involved shall, not later than 60 days after providing a waiver under subparagraph (A) for a school, submit to the Director a proposal for alternative standards that take into account the specific needs of the tribe's children. Such alternative standards shall be established by the Director for the school involved unless specifically rejected by the Director for good cause and in writing provided to the affected tribes or local school board.
`(e) CLOSURE FOR FAILURE TO MEET STANDARDS PROHIBITED- No school in operation on or before July 1, 1999 (regardless of compliance or noncompliance with the standards established under this section), may be closed, transferred to another authority, or consolidated, and no program of such a school may be substantially curtailed, because the school failed to meet such standards.
`SEC. 1123. CODIFICATION OF REGULATIONS.
`(a) PART 32 OF TITLE 25, CODE OF FEDERAL REGULATIONS- The provisions of part 32 of title 25, Code of Federal Regulations, as in effect on January 1, 1987, are incorporated into this Act and shall be treated as though such provisions are set forth in this subsection. Such provisions may be altered only by means of an Act of Congress. To the extent that such provisions of part 32 do not conform with this Act or any statutory provision of law enacted before November 1, 1978, the provisions of this Act and the provisions of such other statutory law shall govern.
`(b) DEFINITION OF REGULATION- In this section, the term `regulation' means any rule, regulation, guideline, interpretation, order, or requirement of general applicability prescribed by any officer or employee of the executive branch.
`SEC. 1124. SCHOOL BOUNDARIES.
`(a) ESTABLISHMENT BY SECRETARY- The Secretary shall establish, by regulation, separate geographical attendance areas for each Bureau-funded school.
`(b) ESTABLISHMENT BY TRIBAL BODY- In any case where there is more than one Bureau-funded school located on an Indian reservation, at the direction of the tribal governing body, the relevant school boards of the Bureau-funded schools on the reservation may, by mutual consent, establish the relevant attendance areas for such schools, subject to the approval of the tribal governing body. Any such boundaries so established shall be accepted by the Secretary.
`(c) BOUNDARY REVISIONS-
`(1) NOTICE- On or after July 1, 2001, no geographical attendance area shall be revised or established with respect to any Bureau-funded school unless the tribal governing body or the local school board concerned (if so designated by the tribal governing body) has been afforded--
`(A) at least 6 months notice of the intention of the Bureau to revise or establish such attendance area; and
`(B) the opportunity to propose alternative boundaries.
`(2) REVISION PROCESS- Any tribe may petition the Secretary for revision of existing attendance area boundaries. The Secretary shall accept such proposed alternative or revised boundaries unless the Secretary finds, after consultation with the affected tribe or tribes, that such revised boundaries do not reflect the needs of the Indian students to be served or do not provide adequate stability to all of the affected programs. The Secretary shall cause such revisions to be published in the Federal Register.
`(3) TRIBAL RESOLUTION DETERMINATION- Nothing in this section shall deny a tribal governing body the authority, on a continuing basis, to adopt a tribal resolution allowing parents the choice of the Bureau-funded school their children may attend, regardless of the attendance boundaries established under this section.
`(d) FUNDING RESTRICTIONS-
`(1) IN GENERAL- The Secretary shall not deny funding to a Bureau-funded school for any eligible Indian student attending the school solely because that student's home or domicile is outside of the geographical attendance area established for that school under this section.
`(2) TRANSPORTATION- No funding shall be made available without tribal authorization to enable a school to provide transportation for any student to or from the school and a location outside the approved attendance area of the school.
`(e) RESERVATION AS BOUNDARY- When there is only one Bureau-funded program located on an Indian reservation--
`(1) the attendance area for the program shall be the boundaries (established by treaty, agreement, legislation, court decisions, or executive decisions and as accepted by the tribe) of the reservation served; and
`(2) those students residing near the reservation shall also receive services from such program.
`(f) OFF-RESERVATION HOME-LIVING (DORMITORY) SCHOOLS-
`(1) IN GENERAL- Notwithstanding any geographical attendance areas, attendance at off-reservation home-living (dormitory) schools shall include students requiring special emphasis programs to be implemented at each off-reservation home-living (dormitory) school.
`(2) COORDINATION- Such attendance shall be coordinated between education line officers, the family, and the referring and receiving programs.
`SEC. 1125. FACILITIES CONSTRUCTION.
`(a) NATIONAL SURVEY OF FACILITIES CONDITIONS-
`(1) IN GENERAL- Not later than 12 months after the date of enactment of the Native American Education Improvement Act of 2001, the General Accounting Office shall compile, collect, and secure the data that are needed to prepare a national survey of the physical conditions of all Bureau-funded school facilities.
`(2) DATA AND METHODOLOGIES- In preparing the national survey required under paragraph (1), the General Accounting Office shall use the following data and methodologies:
`(A) The existing Department of Defense formula for determining the condition and adequacy of Department of Defense facilities.
`(B) Data related to conditions of Bureau-funded schools that has previously been compiled, collected, or secured from whatever source derived so long as the data are accurate, relevant, timely, and necessary to the survey.
`(C) The methodologies of the American Institute of Architects, or other accredited and reputable architecture or engineering associations.
`(3) CONSULTATIONS-
`(A) IN GENERAL- In carrying out the survey required under paragraph (1), the General Accounting Office shall, to the maximum extent practicable, consult (and if necessary contract) with national, regional, and tribal Indian education organizations to ensure that a complete and accurate national survey is achieved.
`(B) REQUESTS FOR INFORMATION- All Bureau-funded schools shall comply with reasonable requests for information by the General Accounting Office and shall respond to such requests in a timely fashion.
`(4) SUBMISSION- Not later than 2 years after the date of enactment of the Native American Education Improvement Act of 2001, the General Accounting Office shall submit the results of the national survey conducted under paragraph (1) to the Committee on Indian Affairs, the Committee on Health, Education, Labor, and Pensions, and the Committee on Appropriations of the Senate and the Committee on Resources, the Committee on Education and the Workforce, and the Committee on Appropriations of the House of Representatives and to the Secretary. The Secretary shall submit the results of the national survey to school boards of Bureau-funded schools and their respective tribes.
`(5) NEGOTIATED RULEMAKING COMMITTEE-
`(A) IN GENERAL- Not later than 6 months after the date on which the submission is made under paragraph (4), the Secretary shall establish a negotiated rulemaking committee pursuant to section 1138(b)(3). The negotiated rulemaking committee shall prepare and submit to the Secretary the following:
`(i) A catalog of the condition of school facilities at all Bureau-funded schools that--
`(I) incorporates the findings from the General Accounting Office study evaluating and comparing school systems of the Department of Defense and the Bureau of Indian Affairs;
`(II) rates such facilities with respect to the rate of deterioration and useful life of structures and major systems;
`(III) establishes a routine maintenance schedule for each facility;
`(IV) identifies the complementary educational facilities that do not exist but that are needed; and
`(V) makes projections on the amount of funds needed to keep each school viable, consistent with the accreditation standards required pursuant to this Act.
`(ii) A school replacement and new construction report that determines replacement and new construction need, and a formula for the equitable distribution of funds to address such need, for Bureau-funded schools. Such formula shall utilize necessary factors in determining an equitable distribution of funds, including--
`(I) the size of school;
`(II) school enrollment;
`(III) the age of the school;
`(IV) the condition of the school;
`(V) environmental factors at the school; and
`(VI) school isolation.
`(iii) A renovation repairs report that determines renovation need (major and minor), and a formula for the equitable distribution of funds to address such need, for Bureau-funded schools. Such report shall identify needed repairs or renovations with respect to a facility, or a part of a facility, or the grounds of the facility, to remedy a need based on disabilities access or health and safety changes to a facility. The formula developed shall utilize necessary factors in determining an equitable distribution of funds, including the factors described in clause (ii).
`(B) SUBMISSION OF REPORTS- Not later than 24 months after the negotiated rulemaking committee is established under subparagraph (A), the reports described in clauses (ii) and (iii) of subparagraph (A) shall be submitted to the committees of Congress referred to in paragraph (4), the national and regional Indian education organizations, and to all school boards of Bureau-funded schools and their respective tribes.
`(6) FACILITIES INFORMATION SYSTEMS SUPPORT DATABASE- The Secretary shall develop a Facilities Information Systems Support Database to maintain and update the information contained in the reports under clauses (ii) and (iii) of paragraph (5)(A) and the information contained in the survey conducted under paragraph (1). The system shall be updated every 3 years by the Bureau of Indian Affairs and monitored by General Accounting Office, and shall be made available to school boards of Bureau-funded schools and their respective tribes, and Congress.
`(b) COMPLIANCE WITH HEALTH AND SAFETY STANDARDS-
`(1) IN GENERAL- The Secretary shall immediately begin to bring all schools, dormitories, and other Indian education-related facilities operated by the Bureau or under contract or grant with the Bureau, into compliance with--
`(A) all applicable tribal, Federal, or State health and safety standards, whichever provides greater protection (except that the tribal standards to be applied shall be no greater than any otherwise applicable Federal or State standards);
`(B) section 504 of the Rehabilitation Act of 1973; and
`(C) the Americans with Disabilities Act of 1990.
`(2) NO TERMINATION REQUIRED- Nothing in this subsection requires termination of the operations of any facility that--
`(A) does not comply with the provisions and standards described in paragraph (1); and
`(B) is in use on the date of enactment of the Native American Education Improvement Act of 2001.
`(c) COMPLIANCE PLAN- At the time that the annual budget request for Bureau educational services is presented, the Secretary shall submit to the appropriate committees of Congress a detailed plan to bring all facilities covered under subsection (a) into compliance with the standards referred to in that subsection that includes--
`(1) detailed information on the status of each facility's compliance with such standards;
`(2) specific cost estimates for meeting such standards at each school; and
`(3) specific timelines for bringing each school into compliance with such standards.
`(d) CONSTRUCTION PRIORITIES-
`(1) SYSTEM TO ESTABLISH PRIORITIES- On an annual basis, the Secretary shall submit to the appropriate committees of Congress and cause to be published in the Federal Register, the system used to establish priorities for replacement and construction projects for Bureau-funded schools and home-living schools, including boarding schools and dormitories. At the time any budget request for education is presented, the Secretary shall publish in the Federal Register and submit with the budget request the current list of all Bureau-funded school construction priorities.
`(2) LONG-TERM CONSTRUCTION AND REPLACEMENT LIST- In addition to the plan submitted under subsection (c), the Secretary shall--
`(A) not later than 18 months after the date of enactment of the Native American Education Improvement Act of 2001, establish a long-term construction and replacement list for all Bureau-funded schools;
`(B) using the list prepared under subparagraph (A), propose a list for the orderly replacement of all Bureau-funded education-related facilities over a period of 40 years to enable planning and scheduling of budget requests;
`(C) cause the list prepared under subparagraph (B) to be published in the Federal Register and allow a period of not less than 120 days for public comment;
`(D) make such revisions to the list prepared under subparagraph (B) as are appropriate based on the comments received; and
`(E) cause the final list to be published in the Federal Register.
`(3) EFFECT ON OTHER LIST- Nothing in this section shall interfere with or change in any way the construction priority list as it existed on the day before the date of enactment of the Native American Education Improvement Act of 2001.
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