Page:United States Statutes at Large Volume 102 Part 1.djvu/430

 102 STAT. 392

PUBLIC LAW 100-297—APR. 28, 1988

ments of 1978) of the tribally controlled school an annual report that shall be limited to— (1) an annual financial statement reporting revenue and expenditures as defined by the cost accounting established by the grantee; (2) a biannual financial audit conducted pursuant to the standards of the Single Audit Act of 1984; (3) an annual submission to the Secretary of the number of students served and a brief description of programs offered under the grant; and (4) a program evaluation conducted by an impartial entity, to be based on the standards established for purposes of subsection (c)(l)(A)(ii). (c) REVOCATION OF ELIGIBILITY.—

(I)(A) The Secretary shall not revoke a determination that a school is eligible for assistance under this part if— (i) the Indian tribe or tribal organization submits the reports required under subsection (b) with respect to the school, and (ii) at least one of the following subclauses applies with respect to the school: (I) The school is certified or accredited by a State or regional accrediting association as determined by the Secretary of Education, or is a candidate in good standing for such accreditation under the rules of the State or regional accrediting association, showing that credits achieved by students within the education programs are, or will be, accepted at grade level by a State certified or regionally accredited institution. (II) A determination made by the Secretary that there is a reasonable expectation that the accreditation described in subclause (I), or the candidacy in good standing for such accreditation, will be reached by the school within 3 years and that the program offered by the school is beneficial to the Indian students. (III) The school is accredited by a tribal department of education if such accreditation is accepted by a generally recognized regional or State accreditation agency. (IV) The school accepts the standards promulgated under section 1121 of the Education Amendments of 1978 and an evaluation of performance is conducted under this section in conformance with the regulations pertaining to Bureau operated schools by an impartial evaluator chosen by the grantee, but no grantee shall be required to comply with these standards to a higher degree than a comparable Bureau operated school. (V) A positive evaluation of the school is conducted once every 3 years under standards adopted by the contractor under a contract for a school entered into under the Indian Self-Determination and Education Assistance Act prior to the date of enactment of this Act, such evaluation to be conducted by an impartial evaluator agreed to by the Secretary and the grantee. Upon failure to agree on such an evaluator, the governing body of the tribe shall choose the evaluator or perform the evaluation.

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