Page:United States Statutes at Large Volume 115 Part 2.djvu/1031

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PUBLIC LAW 107-110-^AN. 8, 2002 115 STAT. 2015 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.—I f 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 CER- TAIN 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— Notification. Deadline. Federal Register, publication.