(a) Factors considered; revision to reflect standards
(1) Formula The Secretary shall establish, by regulation adopted in accordance with section
2017 of this title, a formula for determining the minimum annual amount of funds necessary to sustain each Bureau-funded
school. In establishing such formula, the Secretary shall consider
(A) the number of eligible Indian students served and total
student population of the
school;
(B) special cost factors, such as
(i) the isolation of the
school;
(ii) the need for special staffing, transportation, or educational programs;
(iii) food and housing costs;
(iv) maintenance and repair costs associated with the physical condition of the educational facilities;
(v) special transportation and other costs of isolated and small schools;
(vi) the costs of home-living (dormitory) arrangements, where determined necessary by a tribal governing body or designated
school board;
(vii) costs associated with greater lengths of service by education personnel;
(viii) the costs of therapeutic programs for students requiring such programs; and
(ix) special costs for gifted and talented students;
(C) the cost of providing academic services which are at least equivalent to those provided by public schools in the State in which the
school is located;
(D) whether the available funding will enable the
school involved to comply with the accreditation standards applicable to the
school under section
2001 of this title; and
(E) such other relevant factors as the Secretary determines are appropriate.
(2) Revision of formula
(A) In general Upon the establishment of the standards required in section
2002 of this title, the Secretary shall revise the formula established under this subsection to reflect the cost of funding such standards.
(B) Review of formula
Not later than January 1, 2003, the Secretary shall review the formula established under this section and shall take such steps as are necessary to increase the availability of counseling and therapeutic programs for students in off-reservation home-living (dormitory) schools and other Bureau-operated residential facilities.
(C) Review of standards Concurrent with such action, the Secretary shall review the standards established under section
2002 of this title to be certain that adequate provision is made for parental notification regarding, and consent for, such counseling and therapeutic programs.
(b) Pro rata allotment
Notwithstanding any other provision of law, Federal funds appropriated for the general local operation of Bureau-funded schools shall be allotted pro rata in accordance with the formula established under subsection (a) of this section.
(c) Annual adjustment; reservation of amount for school board activities
(1) Annual adjustment For fiscal year 2003, and for each subsequent fiscal year, the Secretary shall adjust the formula established under subsection (a) of this section to ensure that the formula does the following:
(A) Uses a weighted unit of 1.2 for each eligible Indian
student enrolled in the seventh and eighth grades of the
school in considering the number of eligible Indian students served by the
school.
(B) Considers a
school with an enrollment of less than 50 eligible Indian students as having an average daily attendance of 50 eligible Indian students for purposes of implementing the adjustment factor for small schools.
(C) Takes into account the provision of residential services on less than a 9-month basis at a
school when the
school board and supervisor of the
school determine that a less than 9-month basis will be implemented for the
school year involved.
(D) Uses a weighted unit of 2.0 for each eligible Indian
student that
(i) is gifted and talented; and
(ii) is enrolled in the
school on a full-time basis,
in considering the number of eligible Indian students served by the school.
(E) Uses a weighted unit of 0.25 for each eligible Indian
student who is enrolled in a year-long credit course in an Indian or Native language as part of the regular curriculum of a
school, in considering the number of eligible Indian students served by such
school. The adjustment required under this subparagraph shall be used for such
school after
(i) the certification of the Indian or Native language curriculum by the
school board of such
school to the Secretary, together with an estimate of the number of full-time students expected to be enrolled in the curriculum in the second
school year for which the certification is made; and
(ii) the funds appropriated for allotment under this section are designated by the appropriations Act appropriating such funds as the amount necessary to implement such adjustment at such
school without reducing allotments made under this section to any
school by virtue of such adjustment.
(2) Reservation of amount
(A) In general From the funds allotted in accordance with the formula established under subsection (a) of this section for each Bureau
school, the local
school board of such
school may reserve an amount which does not exceed the greater of
(i) $8,000; or
(ii) the lesser of
(I) $15,000; or
(II) 1 percent of such allotted funds,
for school board activities for such school, including (notwithstanding any other provision of law) meeting expenses and the cost of membership in, and support of, organizations engaged in activities on behalf of Indian education.
(B) Training
(i) In general Each local
school board, and any agency
school board that serves as a local
school board for any grant or contract
school, shall ensure that each individual who is a new member of the
school board receives, within 1 year after the individual becomes a member of the
school board, 40 hours of training relevant to that individuals service on the board.
(ii) Types of training Such training may include training concerning legal issues pertaining to Bureau-funded schools, legal issues pertaining to
school boards, ethics, and other topics determined to be appropriate by the
school board.
(iii) Recommendation The training described in this subparagraph shall not be required, but is recommended, for a tribal governing body that serves in the capacity of a
school board.
(d) Reservation of amount for emergencies
(1) In general
The Secretary shall reserve from the funds available for distribution for each fiscal year under this section an amount that, in the aggregate, equals 1 percent of the funds available for such purpose for that fiscal year, to be used, at the discretion of the Director of the Office of Indian Education Programs, to meet emergencies and unforeseen contingencies affecting the education programs funded under this section.
(2) Use of funds Funds reserved under this subsection may be expended only for education services or programs, including emergency repairs of educational facilities, at a schoolsite (as defined by section
2503 (c)(2)1 of this title).
(3) Availability of funds
Funds reserved under this subsection shall remain available without fiscal year limitation until expended. However, the aggregate amount available from all fiscal years may not exceed 1 percent of the current year funds.
(4) Report
When the Secretary makes funds available under this subsection, the Secretary shall report such action to the appropriate committees of Congress within the annual budget submission.
(e) Supplemental appropriations Supplemental appropriations enacted to meet increased pay costs attributable to
school level personnel shall be distributed under this section.
(f) Eligible Indian student defined In this section, the term eligible Indian
student means a
student who
(1) is a member of, or is at least one-fourth degree Indian blood descendant of a member of, a tribe that is eligible for the special programs and services provided by the United States through the Bureau to Indians because of their status as Indians;
(2) resides on or near a reservation or meets the criteria for attendance at a Bureau off-reservation home-living
school; and
(3) is enrolled in a Bureau-funded
school.
(g) Tuition
(1) In general No eligible Indian
student or a
student attending a Bureau
school under paragraph (2)(C) may be charged tuition for attendance at a Bureau
school or contract or grant
school.
(2) Attendance of non-Indian students at Bureau schools The Secretary may permit the attendance at a Bureau
school of a
student who is not an eligible Indian
student if
(A) the Secretary determines that the students attendance will not adversely affect the schools program for eligible Indian students because of cost, overcrowding, or violation of standards or accreditation;
(B) the
school board consents;
(C) the
student is a dependent of a Bureau, Indian Health Service, or tribal government employee who lives on or near the
school site; or
(D) tuition is paid for the
student that is not more than the tuition charged by the nearest
school">public
school district for out-of-district students and shall be in addition to the schools allocation under this section.
(3) Attendance of non-Indian students at contract and grant schools The
school board of a contract or grant
school may permit students who are not eligible Indian students under this subsection to attend its contract
school or grant
school. Any tuition collected for those students shall be in addition to funding received under this section.
(h) Funds available without fiscal year limitation Notwithstanding any other provision of law, at the election of the
school board of a Bureau
school made at any time during the fiscal year, a portion equal to not more than 15 percent of the funds allocated with respect to a
school under this section for any fiscal year shall remain available to the
school for expenditure without fiscal year limitation. The Assistant Secretary shall take such steps as are necessary to implement this subsection.
(i) Students at Richfield dormitory, Richfield, Utah
(1) In general Tuition for the instruction of each out-of-State Indian
student in a home-living situation at the Richfield dormitory in Richfield, Utah, who attends Sevier County high schools in Richfield, Utah, for an academic year, shall be paid from Indian
school equalization program funds authorized in this section and section
20092 of this title, at a rate not to exceed the weighted amount provided for under subsection (b) of this section for a
student for that year.
(2) No administrative cost funds
No additional administrative cost funds shall be provided under this chapter to pay for administrative costs relating to the instruction of the students.
