Page:United States Statutes at Large Volume 115 Part 2.djvu/1045

 PUBLIC LAW 107-110-^AN. 8, 2002 115 STAT. 2029 "(iv) maintenance and repair costs associated with the physical condition of the educational facilities; "(v) special transportation and other costs of isolated and small schools; "(vi) the costs of home-living (dormitory) arrangements, where determined necessary by a tribal governing body or designated school board; "(vii) costs associated with greater lengths of service by education personnel; "(viii) the costs of therapeutic programs for students requiring such programs; and "(ix) special costs for gifted and talented students; "(C) the cost of providing academic services which are at least equivalent to those provided by public schools in the State in which the school is located; "(D) whether the available funding will enable the school involved to comply with the accreditation standards applicable to the school under section 1121; and "(E) such other relevant factors as the Secretary determines are appropriate. " (2) REVISION OF FORMULA. — "(A) IN GENERAL.— Upon the establishment of the standards required in section 1122, the Secretary shall revise the formula established under this subsection to reflect the cost of funding such standards. "(B) REVIEW OF FORMULA.— Not later than January Deadline. 1, 2003, the Secretary shall review the formula established under this section and shall take such steps as are necessary to increase the availability of counseling and therapeutic programs for students in off-reservation home-living (dormitory) schools and other Bureau-operated residential facilities. "(C) REVIEW OF STANDARDS. —Concurrent with such action, the Secretary shall review the standards established under section 1122 to be certain that adequate provision is made for parental notification regarding, and consent for, such counseling and therapeutic programs. "(b) PRO RATA ALLOTMENT.— Notwithstanding any other provision of law, Federal funds appropriated for the general local operation of Bureau-funded schools shall be allotted pro rata in accordance with the formula established under subsection (a). "(c) ANNUAL ADJUSTMENT; RESERVATION OF AMOUNT FOR SCHOOL BOARD ACTIVITIES. — "(1) ANNUAL ADJUSTMENT.— For fiscal year 2003, and for each subsequent fiscal year, the Secretary shall adjust the formula established under subsection (a) to ensure that the formula does the following: "(A) Uses a weighted unit of 1.2 for each eligible Indian student enrolled in the seventh and eighth grades of the school in considering the number of eligible Indian students served by the school. "(B) Considers a school with an enrollment of less than 50 eligible Indian students as having an average daily attendance of 50 eligible Indian students for purposes of implementing the adjustment factor for small schools. "(C) Takes into account the provision of residential services on less than a 9-month basis at a school when

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