Page:United States Statutes at Large Volume 115 Part 2.djvu/1027

 PUBLIC LAW 107-110-^AN. 8, 2002 115 STAT. 2011 "(B) WAIVER. —The Secretary shall grant a waiver which shall exempt a school from any or all of the requirements of this paragraph and paragraph (7) (though such school shall be required to comply with the standards contained in part 36 of title 25, Code of Federal Register, as in effect on the date of enactment of the Native American Education Improvement Act of 2001) if the school— "(i) is identified in the report described in paragraph (5)(C); and "(ii) fails to be accredited for reasons that are beyond the control of the school board, as determined by the Secretary, including, but not limited to— "(I) a significant decline in financial resources; "(II) the poor condition of facilities, vehicles, or other property; and "(III) a natural disaster. "(C) DUTIES OF SECRETARY.— After providing assistance to a school under paragraph (3), the Secretary shall— "(i) annually review the progress of the school under the applicable school plan to determine whether the school is meeting, or making adequate progress toward achieving the goals described in paragraph (7)(A)(v) with respect to reaccreditation or becoming a candidate for accreditation; "(ii) except as provided in subparagraph (B), continue to provide assistance while implementing the school's plan, and, if determined appropriate by the Secretary, take corrective action with respect to the school if it fails to be accredited at the end of the third full year immediately following the date that the school's plan was first in effect under paragraph (7); "(iii) provide all students enrolled in a school that is eligible for a corrective action determination by the Secretary under clause (ii) with the option to transfer to another public or Bureau-funded school, including a public charter school, that is accredited; "(iv) promptly notify the parents of children enrolled in a school that is eligible for a corrective action determination by the Secretary under clause (ii) of the option to transfer their child to another public or Bureau-funded school; and "(v) provide, or pay for the provision of, transportation for each student described in clause (iii) to the school described in clause (iii) to which the student elects to be transferred to the extent funds are available, as determined by the tribal governing body. "(D) FAILURE OF SCHOOL PLAN OF BUREAU-OPERATED SCHOOL.— With respect to a Bureau-operated school that fails to be accredited at the end of the third full year immediately following the date that the school's plan was first in effect under paragraph (7), the Secretary may take one or more of the following corrective actions: "(i) Institute and fully implement actions suggested by the accrediting agency.

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