[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: 25CFR36.61]

[Page 151]
 
                            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 G--Compliance and Waivers
 
Sec. 36.61  Waivers and revisions.

    (a) The tribal governing body, or the local school board if so 
designated by the tribal governing body, shall have the local authority 
to waive, in part or in whole, the standard(s) established in this part, 
where the standard(s) is deemed by such body to be inappropriate and 
shall also have the authority to revise such standard(s) to take into 
account the specific needs of the tribe's children. This includes 
Bureau-operated schools. When the tribal governing body, or local school 
board if so designated by the tribal governing body, waives the 
standard(s) or part thereof, it shall within 60 days submit revised 
standard(s) to the Assistant Secretary for approval. In the interim 
between the waiver of the standard(s) and the approval of the revised 
standard(s), the standards of this part or minimum state standards shall 
apply to the affected school(s). In the notice of the waiver, the tribal 
governing body or its designee shall state whether the standards in this 
part or the minimum state standards apply to the affected school(s) for 
such interim period. The Assistant Secretary shall respond to the 
revised standard(s) within 45 days of receipt. Revised standard(s) shall 
be established by the Assistant Secretary unless specifically rejected 
by the Assistant Secretary for good cause and in writing. The written 
notice of rejection shall be sent to the affected tribe(s) and local 
school board. Such rejection shall be final. All revised standards shall 
be submitted to the Assistant Secretary in writing and will adhere to 
the following procedure:
    (1) Waivers and revisions shall be submitted by November 15 each 
school year to accompany the school's annual standards compliance report 
as required by Sec. 36.60(b).
    (2) The section or part of the standard to be waived must be 
specified, and the extent to which it is to be deviated from shall be 
described.
    (3) A justification shall be included with a revised standard, which 
explains why the alternative standard is considered necessary.
    (4) Measurable objectives of the alternative standard(s), the method 
of achieving the alternative standard(s), and the estimated cost of 
implementation must be stated.
    (b) The Assistant Secretary shall assist the school board of an 
Indian-controlled contract school in the implementation of the standards 
established under this part if the school board requests that these 
standards, in part or in whole, be implemented. At the request of an 
Indian-controlled contract school board, the Assistant Secretary shall 
provide alternative or modified standards to those established in this 
part to take into account the needs of the Indian children and the 
Indian-controlled contract school.

[50 FR 36816, Sept. 9, 1985, as amended at 59 FR 61766, Dec. 1, 1994]