U.S. Code, Title 25, Indians

Author: "U.S. Congress, Office of the Law Revision Counsel"

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§ 2004. School Boundaries

(a) Establishment

     The Secretary shall, in accordance with this section, establish separate geographical attendance areas for each Bureau school.

(b) Alternative or revised boundaries

     (1) Except as provided in paragraph (2), on or after July 1, 1985, no attendance area shall be changed 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 (i) afforded at least six months notice of the intention of the Bureau to change or establish such attendance area, and (ii) given the opportunity to propose alternative boundaries. 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.

     (2) In any case where there is more than 1 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) Reservation as boundary

     In any case where there is only 1 Bureau operated program located on an Indian reservation, the attendance area for the program shall be the boundaries of the reservation served, and those students residing near the reservation shall also receive services from such program.

(d) Coordination and consultation with tribes and school boards

     The Bureau shall include in the regulations the requirement that each appropriate education line officer coordinate and consult with the affected tribes and relevant school boards in the establishment of such geographic boundaries.

(Pub. L. 95–561, title XI, § 1124, as added Pub. L. 103–382, title III, § 381, Oct. 20, 1994, 108 Stat. 3986.)

Prior Provisions

     A prior section 2004, Pub. L. 95–561, title XI, § 1124, Nov. 1, 1978, 92 Stat. 2319; Pub. L. 98–511, title V, § 503, Oct. 19, 1984, 98 Stat. 2393; Pub. L. 99–89, § 3, Aug. 15, 1985, 99 Stat. 380; Pub. L. 100–297, title V, § 5120, Apr. 28, 1988, 102 Stat. 384, related to school boundaries, prior to the general amendment of this chapter by Pub. L. 103–382.