Page:United States Statutes at Large Volume 115 Part 2.djvu/1086

 115 STAT. 2070 PUBLIC LAW 107-110—JAN. 8, 2002 "(B) OTHER DETERMINATIONS.— In considering applications submitted under paragraph (1)(A), the Secretary— "(i) shall transfer operation of the school to the Indian tribe or tribal organization, if the tribe or tribal organization is not already operating the school; and "(ii) shall determine that the school is eligible for assistance under this part, unless the Secretary finds by clear and convincing evidence that the services to be provided by the Indian tribe or tribal organization will be deleterious to the welfare of the Indians served by the school. "(C) CONSIDERATIONS.— In considering applications submitted under paragraph (1)(A), the Secretary shall consider whether the Indian tribe or tribal organization would be deficient in operating the school with respect to— " (i) equipment; "(ii) bookkeeping and accounting procedures; "(iii) ability to adequately manage a school; or "(iv) adequately trained personnel. "(c) ADDITIONAL REQUIREMENTS FOR A SCHOOL WHICH IS NOT A BUREAU-FUNDED SCHOOL.— "(1) IN GENERAL.—^A school which is not a Bureau-funded school under title XI of the Education Amendments of 1978 meets the requirements of this subsection if— "(A) the Indian tribe or tribal organization that operates, or desires to operate, the school submits to the Secretary an application requesting a determination by the Secretary as to whether the school is eligible for assistance under this part; and "(B) the Secretary makes a determination that a school is eligible for assistance under this part. "(2) DEADLINE FOR DETERMINATION BY SECRETARY.— "(A) IN GENERAL.—By not later than the date that is 180 days after the date on which an application is submitted to the Secretary under paragraph (1)(A), the Secretary shall determine whether the school is eligible for assistance under this part. "(B) CONSIDERATIONS,— In making the determination under subparagraph (A), the Secretary shall give equal consideration to each of the following factors: "(i) With respect to the applicant's proposal— "(I) the adequacy of facilities or the potential to obtain or provide adequate facilities; "(II) geographic and demographic factors in the affected areas; "(III) adequacy of the applicant's program plans; "(IV) geographic proximity of comparable public education; and "(V) the needs as expressed by all affected parties, including but not limited to students, families, tribal governments at both the central and local levels, and school organizations, "(ii) With respect to all education services already available— "(I) geographic and demographic factors in the affected areas;

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