Page:United States Statutes at Large Volume 115 Part 2.djvu/1057

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PUBLIC LAW 107-110—JAN. 8, 2002 115 STAT. 2041 than 7 percent of the amount of funds available for allotment under such section during the preceding fiscal year— "(A) to fund allotments under section 1127, the Secretary, notwithstanding any other law, may use— "(i) funds appropriated for the operation of any Bureau-funded school that is closed or consolidated; and "(ii) funds appropriated for any program that has been curtailed at any Bureau school; and "(B) the Secretary may waive the application of the provisions of section 1121(h) with respect to the closure or consolidation of a school, or the curtailment of a program at a school, during such fiscal year if the funds described in clauses (i) and (ii) of subparagraph (A) with respect to such school are used to fund allotments made under section 1127 for such fiscal year. "(b) LOCAL FINANCIAL PLANS FOR EXPENDITURE OF FUNDS. — "(1) PLAN REQUIRED.—Each Bureau-operated school that receives an allotment under section 1127 shall prepare a local financial plan that specifies the manner in which the school will expend the funds made available under the allotment and ensures that the school will meet the accreditation requirements or standards for the school pursuant to section 1121. "(2) REQUIREMENT. —^A local financial plan under paragraph (1) shall comply with all applicable Federal and tribal laws. "(3) PREPARATION AND REVISION.— "(A) IN GENERAL.— The financial plan for a school under subparagraph (A) shall be prepared by the supervisor of the school in active consultation with the local school board for the school. "(B) AUTHORITY OF SCHOOL BOARD. —The local school board for each school shall have the authority to ratify, reject, or amend such financial plan and, at the initiative of the local school board or in response to the supervisor of the school, to revise such financial plan to meet needs not foreseen at the time of preparation of the financial plan. "(4) ROLE OF SUPERVISOR.—The supervisor of the school— "(A) shall implement the decisions of the school board relating to the financial plan under paragraph (1); "(B) shall provide the appropriate local union representative of the education employees of the school with copies of proposed financial plans relating to the school and all modifications and proposed modifications to the plans, and at the same time submit such copies to the local school board; and "(C) may appeal any such action of the local school board to the appropriate education line officer of the Bureau agency by filing a written statement describing the action and the reasons the supervisor believes such action should be overturned. "(5) STATEMENTS.— "(A) IN GENERAL.—^A copy of each statement filed under paragraph (4)(C) shall be submitted to the local school board and such board shall be afforded an opportunity to respond, in writing, to such appeal.