Page:United States Statutes at Large Volume 99 Part 1.djvu/402

 99 STAT. 380 98 Stat. 2392. 25 USC 2001. 98 Stat. 2392.

Schools and colleges.

Federal Register, publication. Report. Study.

98 Stat. 2393. 25 USC 2004.

PUBLIC LAW 99-89—AUG. 15, 1985 (c) PERSONNEL ACTIONS.—Section 1121(f) of the Act is amended by striking out the last sentence. (d) CLOSING, CONSOLIDATION, AND CURTAILMENT.—Section 1121(g)

of the Act is amended— (1) in paragraph (1), by striking out "no school operated by the Bureau of Indian Affairs on January 1, 1984, may be closed or its program curtailed" and inserting in lieu thereof "no school or peripheral dormitory operated by the Bureau of Indian Affairs on or after the date of enactment of the Indian Education Technical Amendments Act of 1985 may be closed or consolidated or have its program substantially curtailed"; (2) by adding at the end of such paragraph the following new sentence: "The requirements of this subsection shall not apply when a temporary closure, consolidation, or substantial curtailment is required by plant conditions which constitute an immediate hazard to health and safety."; (3) in paragraph (2) by striking out "closing or consolidation" and inserting in lieu thereof "closing, consolidation, or substantial curtailment"; and (4) by striking out paragraphs (3), (4), and (5) and inserting in lieu thereof the following: "(3) Such standards and procedures shall require that whenever closure, consolidation, or substantial curtailment of a school is under active consideration or review by any division of the Bureau or the Department of the Interior, the affected tribe, tribal governing body, and designated local school board will be notified as soon as such consideration or review begins, kept fully and currently informed, and afforded an opportunity to comment with respect to such consideration or review. When a formal decision is made to close, consolidate, or substantially curtail a school, the affected tribe, tribal governing body, and designated local school board shall be notified at least 6 months prior to the end of the school year preceding the proposed effective date. Copies of any such notices and information shall be transmitted promptly to the Congress and published in the Federal Register. "(4) The Secretary shall make a report to Congress, the affected tribe, and the designated local school board describing the process of the active consideration or review referred to in paragraph (3). At a minimum, the report shall include a study of the impact of such action on the student population, with every effort to identify those students with particular educational and social needs, and to insure that alternative services are available to such students. Such report shall include the description of the consultation conducted between the potential service provider, current service provider, parents, tribal representative and the tribe or tribes involved, and the Director of the Office of Indian Education Programs within the Bureau regarding such students. No irreversible action may be taken in furtherance of any such proposed school closure, consolidation, or substantial curtailment (including any action which would prejudice the personnel or programs of such school) until the end of the first full academic year after such report is made.". SEC. 3. SCHOOL BOUNDARIES. Section 1124(b) of the Act is amended to read as follows: "(b) On or after the date of enactment of the Indian Education Technical Amendments Act of 1985, no attendance area shall be changed or established with respect to any such school unless the

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