Page:United States Statutes at Large Volume 102 Part 2.djvu/606

 102 STAT. 1610

Grants. Contracts.

PUBLIC LAW 100-427—SEPT. 9, 1988

Self-Determination and Education Assistance Act (25 U.S.C. 450 et seq.). "(3) Any tribe or tribal organization which assumes operation of a Bureau school with assistance under this part and any tribe or tribal organization which elects to operate a school with assistance under this part rather than to continue as a contract school shall be entitled to any funds which would carryover from the previous fiscal year as if such school were operated as a contract school. "(e) EXCEPTIONS, PROBLEMS, AND DISPUTES.—Any exception or problem cited in an audit conducted pursuant to section 5207(b)(2) of this Act, any dispute regarding the amount of a grant under section 5205 (and the amount of any funds referred to in that section), any payments to be made under section 5208 of this Act, and any dispute involving the amount of, or payment of, the administrative grant under section 1128A of the Education Amendments of 1978 (25 U.S.C. 2008a) shall be handled under the provisions governing such exceptions, problems, or disputes in the case of contracts under the Indian Self-Determination and Education Assistance Act of 1975 (Public Law 93-658; 25 U.S.C. 450 et seq.).". SEC. 15. GRANTS TO LOCAL EDUCATIONAL AGENCIES.

Section 5312 of the Indian Education Act of 1988 (25 U.S.C. 2602) is amended— (1) by amending subsection (b)(1) to read as follows: "(1) For any fiscal year for which appropriations are authorized under section 5316 of this Act, the Secretary shall determine the number of Indian children who were enrolled in the schools of each local educational agency that applies for a grant, and for whom such agency provided free public education, during such fiscal year."; (2) in subsection (b)(2)(A), by striking all after "the product of^" and inserting in lieu thereof the following: "(i) the number of Indian children determined under paragraph (1), multiplied by "(ii) the average per pupil expenditure per local educational agency, as determined under subparagraph (C), bears to the sum of such products for all such local educational agencies."; (3) in the first sentence of subsection (b)(2)(B)— (A) by striking out "eligible"; and (B) by inserting "determined under paragraph (1)" after "children"; (4) in subsection (b)(3), by striking out "5315(c)(2)" and inserting in lieu thereof "5315(c)"; and (5) in subsection (c)(D, by striking out "in accordance with the provisions of this subpart and inserting in lieu thereof ", on a competitive basis,". SEC. 16. APPLICATIONS FOR GRANTS; CONDITIONS FOR APPROVAL.

Section 5314 of the Indian Education Act of 1988 (25 U.S.C. 2604) is amended— (1) in subsection (a)— (A) by striking out "provided"; and (B) by striking out "5312(b)" and inserting in lieu thereof "5312(c)";

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