Page:United States Statutes at Large Volume 102 Part 1.djvu/423

 PUBLIC LAW 100-297—APR. 28, 1988

102 STAT. 385

PART B—TRIBALLY CONTROLLED SCHOOL GRANTS ^ SEC. 5201. SHORT TITLE.

Tribally Controlled 1988°^^ ^^^ °^

This part may be cited as the "Tribally Controlled Schools Act of 25 USC 2501 note. 1988". SEC. 5202. FINDINGS.

25 USC 2501.

The Congress, after careful review of the Federal Government's historical and special legal relationship with, and resulting responsibilities to, Indians, finds that— (1) the Indian Self-Determination and Education Assistance Act, which was a product of the legitimate aspirations and a recognition of the inherent authority of Indian nations, was and is a crucial positive step towards tribal and community control; (2) the Bureau of Indian Affairs' administration and domination of the contracting process under such Act has not provided the full opportunity to develop leadership skills crucial to the realization of self-government, and has denied to the Indian people an effective voice in the planning and implementation of programs for the benefit of Indians which are responsive to the true needs of Indian communities; (3) Indians will never surrender their desire to control their relationships both among themselves and with the non-Indian governments, organizations, and persons; (4) true self-determination in any society of people is dependent upon an educational process which will ensure the development of qualified people to fulfill meaningful leadership roles; (5) the Federal administration of education for Indian children has not effected the desired level of educational achievement nor created the diverse opportunities and personal satisfaction which education can and should provide; (6) true local control requires the least possible Federal interference; and (7) the time has come to enhance the concepts made manifest in the Indian Self-Determination and Education Assistance Act. SEC. 5203. DECLARATION OF POLICY.

(a) RECOGNITION.—The Congress recognizes the obligation of the United States to respond to the strong expression of the Indian people for self-determination by assuring maximum Indian participation in the direction of educational services so as to render such services more responsive to the needs and desires of those communities. (b) COMMITMENT.—The Congress declares its commitment to the maintenance of the Federal Government's unique and continuing trust relationship with and responsibility to the Indian people through the establishment of a meaningful Indian self-determination policy for education which will deter further perpetuation of Federal bureaucratic domination of programs. (c) NATIONAL GOAL.—The Congress declares that a major national goal of the United States is to provide the resources, processes, and structures which will enable tribes and local communities to effect the quantity and quality of educational services and opportunities which will permit Indian children to compete and excel in the life areas of their choice, and to achieve the measure of self-determination essential to their social and economic well-being.

25 USC 2502.

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