Page:United States Statutes at Large Volume 108 Part 5.djvu/494

 108 STAT. 3984 PUBLIC LAW 103-382—OCT. 20, 1994 Effective date. 25 USC 2002. Federal Register, publication. described in subparagraph (A), the application shall be treated as having been approved by the Secretary. "(3)(A) Any application described in paragraph (1)(A) may be submitted to the Secretary only if— "(i) the application has been approved by the tribal governing body of the students served by (or to be served by) the school or program that is the subject of the application, and "(ii) written evidence of such approval is submitted with the application. "(B) Each application described in paragraph (1)(A)— "(i) shall provide information concerning each of the factors described in paragraph (1)(B), and "(ii) may provide information concerning the factors described in paragraph (1)(C). "(4) Whenever the Secretary makes a determination to deny approval of any application described in paragraph (1)(A), the Secretary shall— "(A) state the objections in writing to the applicant by not later than the date that is 180 days after the day on which the application is submitted to the Secretary, "(B) provide assistance to the applicant to overcome stated objections, and "(C) provide the applicant a hearing, under the same rules and regulations pertaining to the Indian Self-Determination and Education Assistance Act, and an opportunity to appeal the objections raised by the Secretary. "(5)(A) Except as otherwise provided in this paragraph, the action which is the subject of any application described in paragraph (1)(A) that is approved by the Secretary shall become effective with the commencement of the academic year succeeding the fiscal year in which the application is approved, or at an earlier date determined by the Secretary. "(B) If an application is treated as having been approved by the Secretary by reason of paragraph (2)(B), the action that is the subject of the application shall become effective on the date that is 18 months after the date on which the application is submitted to the Secretary, or at an earlier date determined by the Secretary. "SEC. 1122. NATIONAL CRITERIA FOR DORMITORY SITUATIONS. "(a) The Secretary, in consultation with the Secretary of the Department of Education, and in consultation with Indian organizations and tribes, shall conduct or cause to be conducted by contract with an Indian organization, a study of the costs applicable to boarding arrangements for Indian students provided in Bureau schools, and contract or grant schools, for the purpose of establishing national criteria for such dormitory situations. Such criteria shall include adult-child ratios, needs for counselors (including special needs related to off-reservation boarding arrangements), space, and privacy. "(b) Not later than January 1, 1996, the Secretary shall propose such criteria, and shall distribute such proposed criteria to the tribes and publish such proposed criteria in the Federal Register for the purpose of receiving comments from the tribes and other interested parties. Within 18 months of the date of the enactment of the Improving America's Schools Act of 1994, the Secretary shall establish final criteria, distribute such final criteria to all

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