View all text of Subchapter VII [§ 7701 - § 7714]
§ 7704. Policies and procedures relating to children residing on Indian lands
(a) In generalA local educational agency that claims children residing on Indian lands for the purpose of receiving funds under section 7703 of this title shall establish policies and procedures to ensure that—
(1) such children participate in programs and activities supported by such funds on an equal basis with all other children;
(2) parents of such children and Indian tribes are afforded an opportunity to present their views on such programs and activities, including an opportunity to make recommendations on the needs of those children and how the local educational agency may help such children realize the benefits of such programs and activities;
(3) parents and Indian tribes are consulted and involved in planning and developing such programs and activities;
(4) relevant applications, evaluations, and program plans are disseminated to the parents and Indian tribes; and
(5) parents and Indian tribes are afforded an opportunity to present their views to such agency regarding such agency’s general educational program.
(b) Records
(c) Waiver
(d) Technical assistance and enforcementThe Secretary shall—
(1) provide technical assistance to local educational agencies, parents, and Indian tribes to enable such agencies, parents, and tribes to carry out this section; and
(2) enforce this section through such actions, which may include the withholding of funds, as the Secretary determines to be appropriate, after affording the affected local educational agency, parents, and Indian tribe an opportunity to present their views.
(e) Complaints
(1) In general
(A) Any tribe, or its designee, which has students in attendance at a local educational agency may, in its discretion and without regard to the requirements of any other provision of law, file a written complaint with the Secretary regarding any action of a local educational agency taken pursuant to, or relevant to, the requirements of this section.
(B) Within ten working days from receipt of a complaint, the Secretary shall—
(i) designate a time and place for a hearing into the matters relating to the complaint at a location in close proximity to the local educational agency involved, or if the Secretary determines there is good cause, at some other location convenient to both the tribe, or its designee, and the local educational agency;
(ii) designate a hearing examiner to conduct the hearing; and
(iii) notify the affected tribe or tribes and the local educational agency involved of the time, place, and nature of the hearing and send copies of the complaint to the local educational agency and the affected tribe or tribes.
(2) Hearing
(3) Evidence; recommendations; cost
(4) Findings and recommendations
(5) Written determination
(6) Copies provided
(7) Consolidation
(8) Withholding
(9) Rejection of determination
(f) Construction
(Pub. L. 89–10, title VII, § 7004, formerly title VIII, § 8004, as added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3759; renumbered title VII, § 7004, and amended Pub. L. 114–95, title VII, §§ 7001(c)(1), (d)(2), 7005, Dec. 10, 2015, 129 Stat. 2074, 2086.)