[Code of Federal Regulations]
[Title 25, Volume 1]
[Revised as of April 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 25CFR39.64]

[Page 180-181]
 
                            TITLE 25--INDIANS
 
     CHAPTER I--BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR
 
PART 39_THE INDIAN SCHOOL EQUALIZATION PROGRAM--Table of Contents
 
               Subpart E_Local Educational Financial Plan
 
Sec. 39.64  Procedures for financial plan appeals.

    (a) If the supervisor of a school finds an action of the local 
school board, in rejecting or amending the local financial plan, to be 
unacceptable in his or her judgment as a professional educator, the 
supervisor may appeal to the Agency Superintendent of Education under 
the following procedures and conditions:
    (1) The appeal must be presented in writing, within ten (10) 
consecutive days of the supervisor's receipt of the school board 
decision which is appealed.
    (2) The written appeal shall contain, at a minimum, the following 
information and documentation:
    (i) All descriptive information concerning the element(s) in the 
local financial plan being appealed, substantially as presented to the 
school board prior to its decision.

[[Page 181]]

    (ii) Official documentation of the school board's decision amending 
or rejecting the element(s) being appealed.
    (iii) A statement of the school supervisor's reasons for appealing 
the board's actions.
    (iv) Signed certification by the supervisor that his/her reason for 
appeal has been presented to the chairperson of the school board, and 
that the school board has been offered full opportunity to submit a 
counter statement to the Superintendent.
    (3) If the supervisor of the school is also the Superintendent, the 
appeal shall be made following the above procedures to the Director, who 
shall follow procedures set forth below, as acting Superintendent for 
the appeal.
    (b) Within ten (10) consecutive days of receiving the appeal, the 
Agency Superintendent of Education shall review the appeal documents to 
determine if they are complete according to the criteria established in 
this subpart, and if so shall notify both the school supervisor and the 
school board of a date for an informal conference.
    (c) Within twenty-five (25) consecutive days of receiving the 
referral for approval, the Superintendent shall:
    (1) Hear any arguments on either or both sides of the appeal 
issue(s) at the option of either the supervisor of the school board 
involved.
    (2) Following the informal conference, either sustain or reject the 
appeal for good cause, which the Superintendent shall set out in writing 
to both the supervisor and school board.
    (d) Nothing in this subsection shall be construed as enabling the 
supervisor of a tribally operated school to appeal decisions of a 
contract school board to the Agency Superintendent for Education, nor as 
empowering the Agency Superintendent for Education to overturn any 
action of a contract school board under this appeal process as 
established in Pub. L. 93-638.
    (e) Within 180 days after the effective date of this subpart, the 
Assistant Secretary shall develop and publish in the Federal Register 
procedures for a formal hearing process which shall be available to 
school boards who believe their decisions regarding the financial plan 
have been overturned for other than good cause.