(a)
Establishment by Secretary
The Secretary shall establish, by regulation, separate geographical attendance areas for each Bureau-funded school.
(b)
Establishment by tribal body
In any case where there is more than one Bureau-funded school located on an Indian reservation, at the direction of the tribal governing body, the relevant school boards of the Bureau-funded schools on the reservation may, by mutual consent, establish the relevant attendance areas for such schools, subject to the approval of the tribal governing body. Any such boundaries so established shall be accepted by the Secretary.
(c)
Boundary revisions
(1)
Notice
On or after July 1, 2001, no geographical attendance area shall be revised or established with respect to any Bureau-funded school unless the tribal governing body or the local school board concerned (if so designated by the tribal governing body) has been afforded—
(A)
at least 6 months notice of the intention of the Bureau to revise or establish such attendance area; and
(B)
the opportunity to propose alternative boundaries.
(2)
Revision process
Any tribe may petition the Secretary for revision of existing attendance area boundaries. The Secretary shall accept such proposed alternative or revised boundaries unless the Secretary finds, after consultation with the affected tribe or tribes, that such revised boundaries do not reflect the needs of the Indian students to be served or do not provide adequate stability to all of the affected programs. The Secretary shall cause such revisions to be published in the Federal Register.
(3)
Tribal resolution determination
Nothing in this section shall deny a tribal governing body the authority, on a continuing basis, to adopt a tribal resolution allowing parents the choice of the Bureau-funded school their children may attend, regardless of the attendance boundaries established under this section.
(f)
Off-reservation home-living (dormitory) schools
(1)
In general
Notwithstanding any geographical attendance areas, attendance at off-reservation home-living (dormitory) schools shall include students requiring special emphasis programs to be implemented at each off-reservation home-living (dormitory) school.
(2)
Coordination
Such attendance shall be coordinated between education line officers, the family, and the referring and receiving programs.