Page:United States Statutes at Large Volume 108 Part 5.djvu/290

 108 STAT. 3780 PUBLIC LAW 103-382—OCT. 20. 1994 "(E) any other information that the Secretary considers necessary to provide an accurate program profile. "(2) MINIMUM INFORMATION. —In order for a child to be eligible to be counted for the purpose of computing the amount of a grant award made under section 9113, an eligibility form prepared pursuant to this section for a child shall include— "(A) the name of the child; "(B) the name of the tribe or band of Indians (as defined in section 9161(4)) with respect to which the child claims eligibility; and "(C) the dated signature of the parent or guardian of the child. "(3) FAILURE. —The failure of an applicant to furnish any information described in this subsection other than the information described in paragraph (2) with respect to any child shall have no bearing on the determination of whether the child is an eligible Indian child for the purposes of determining the amount of a grant award made under section 9113. "(c) STATUTORY CONSTRUCTION.— Nothing in this section shall be construed to affect a definition contained in section 9161. "(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 1985-1986 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 such eligibility; 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 under section 9113, the membership of the child, or any parent or grandparent of the child, in a tribe or band of Indians 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) 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 size of the local educational agency and the geographic location of such agency. "(B) 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 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—

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