Page:United States Statutes at Large Volume 115 Part 2.djvu/933

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PUBLIC LAW 107-110-^AN. 8, 2002 115 STAT. 1917 "(4) a signature of the parent or legal guardian of the child that verifies the accuracy of the information supplied; and "(5) any other information that the Secretary considers necessary to provide an accurate program profile. "(c) STATUTORY CONSTRUCTION. —Nothing in this section shall be construed to affect a definition contained in section 7151. "(d) FORMS AND STANDARDS OF PROOF.—The forms and the standards of proof (including the standard of good faith compliance) that were in use during the 1985-86 academic year to establish the eligibility of a child for entitlement under the Indian Elementary and Secondary School Assistance Act shall be the forms and standards of proof used— "(1) to establish eligibility under this subpart; and "(2) to meet the requirements of subsection (a). "(e) DOCUMENTATION.— For purposes of determining whether a child is eligible to be counted for the purpose of computing the amount of a grant award under section 7113, the membership of the child, or any parent or grandparent of the child, in a tribe or band of Indians (as so defined) may be established by proof other than an enrollment number, notwithstanding the availability of an enrollment number for a member of such tribe or band. Nothing in subsection (b) shall be construed to require the furnishing of an enrollment number. " (f) MONITORING AND EVALUATION REVIEW.— " (1) IN GENERAL.— "(A) REVIEW.— For each fiscal year, in order to provide such information as is necessary to carry out the responsibility of the Secretary to provide technical assistance under this subpart, the Secretary shall conduct a monitoring and evaluation review of a sampling of the recipients of grants under this subpart. The sampling conducted under this subparagraph shall take into account the size of and the geographic location of each local educational agency. "(B) EXCEPTION.— ^A local educational agency may not be held liable to the United States or be subject to any penalty, by reason of the findings of an audit that relates to the date of completion, or the date of submission, of any forms used to establish, before April 28, 1988, the eligibility of a child for an entitlement under the Indian Elementary and Secondary School Assistance Act. "(2) FALSE INFORMATION.— Any local educational agency that provides false information in an application for a grant under this subpart shall— "(A) be ineligible to apply for any other grant under this subpart; and "(B) be liable to the United States for any funds from the grant that have not been expended. "(3) EXCLUDED CHILDREN.—^A student who provides false information for the form required under subsection (a) shall not be counted for the purpose of computing the amount of a grant under section 7113. " (g) TRIBAL GRANT AND CONTRACT SCHOOLS.— Notwithstanding any other provision of this section, in calculating the amount of a grant under this subpart to a tribal school that receives a grant or contract from the Bureau of Indian Affairs, the Secretary shall use only one of the following, as selected by the school: