[Code of Federal Regulations]
[Title 25, Volume 1]
[Revised as of April 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 25CFR36.2]

[Page 137]
 
                            TITLE 25--INDIANS
 
     CHAPTER I--BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR
 
PART 36--MINIMUM ACADEMIC STANDARDS FOR THE BASIC EDUCATION OF INDIAN CHILDREN AND NATIONAL CRITERIA FOR DORMITORY SITUATIONS--Table of Contents
 
                      Subpart A--General Provisions
 
Sec. 36.2  Applicability.

    (a) The minimum academic standards for the basic education of Indian 
children established under this part, subparts B through G, are 
mandatory for all Bureau of Indian Affairs operated schools unless a 
tribal governing body or the local school board, if so designated by the 
tribal governing body, waives, in part or in whole, the standards 
established under this part. When a tribe(s) formally takes action to 
waive, in total or in part, standards contained in this part, proof of 
such action shall be forwarded to the Agency Superintendent for 
Education (ASE) or area Education Programs Administrator (EPA). Within 
15 days of receipt of such documentation the ASE or EPA shall notify, in 
writing, the parents or legal guardians whose children are attending the 
school(s) affected.
    (b) The minimum academic standards for the education of Indian 
children established under subparts B through G are not applicable to 
Indian-controlled contract schools unless the Indian-controlled contract 
school board formally adopts them in whole or in part. The Bureau will 
not refuse to enter into a contract on the basis of failure to meet 
these standards but will, through contracting procedures, assist the 
school in reaching compliance, if so requested by the Indian-controlled 
contract school board.
    (c) The national criteria for dormitory situations established under 
subpart H will serve as a minimum requirement and shall be mandatory for 
all Bureau-operated and Indian-controlled contract schools.
    (d) Standards and criteria contained under this part will serve as 
minimum requirements for the regular school educational program.
    (e) In states where additional minimum academic standards exist or 
are established, those state standards shall also apply.