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Public Law 107-110, 115 Stat. 1425.
70 FR 22204, Apr. 28, 2005, unless otherwise noted.
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The currently established geographic attendance boundaries of day schools, on-reservation boarding schools, and peripheral dorms remain in place unless the tribal governing body revises them.
(a) If there is only one day school, on-reservation boarding school, or peripheral dorm within a reservation's boundaries, the Secretary will establish the reservation boundary as the geographic attendance boundary;
(b) When there is more than one day school, on-reservation boarding school, or peripheral dorm within a reservation boundary, the Tribe may choose to establish boundaries for each;
(c) If a Tribe does not establish boundaries under paragraph (b) of this section, the Secretary will do so.
(a) The Secretary can change the geographic attendance boundaries of a day school, on-reservation boarding school, or peripheral dorm only after:
(1) Notifying the Tribe at least 6 months in advance; and
(2) Giving the Tribe an opportunity to suggest different geographical attendance boundaries.
(b) A tribe may ask the Secretary to change geographical attendance boundaries by writing a letter to the Director of the Office of Indian Education Programs, explaining the tribe's suggested changes. The Secretary must consult with the affected tribes before deciding whether to accept or reject a suggested geographic attendance boundary change.
(1) If the Secretary accepts the Tribe's suggested change, the Secretary must publish the change in the Federal Register.
(2) If the Secretary rejects the Tribe's suggestion, the Secretary will explain in writing to the Tribe why the suggestion either:
(i) Does not meet the needs of Indian students to be served; or
(ii) Does not provide adequate stability to all affected programs.
(a) The Tribal governing body establishes a process for developing proposed boundaries or boundary changes. This process may include consultation and coordination with all entities involved in student education.
(b) The Tribal governing body may delegate the development of proposed boundaries to the relevant school boards. The boundaries set by the school boards must be approved by the Tribal governing body.
(c) The Tribal governing body must send the proposed boundaries and a copy of its approval to the Secretary.
Geographic attendance boundaries for a new day school, on-reservation boarding school, or peripheral dorm must be established by either:
(a) The tribe; or
(b) If the tribe chooses not to establish boundaries, the Secretary.
Yes. An eligible student living off a reservation can attend a day school, on-reservation boarding school, or peripheral dorm.