“ Application of current standards during accreditation.—A Bureau-funded school that is seeking accreditation shall remain subject to the standards issued under section 1121 of the Education Amendments of 1978 and in effect on the day before the date of enactment of the Native American Education Improvement Act of 2001 until such time as the school is accredited, except that if any of such standards are in conflict with the standards of the accrediting agency, the standards of such agency shall apply in such case. ”

“ In general.—In a case in which closure, transfer to another authority, consolidation, or substantial curtailment of a school is under active consideration or review by any division of the Bureau or the Department of the Interior, the affected tribe, tribal governing body, and designated local school board will be notified immediately in writing, kept fully and currently informed, and afforded an opportunity to comment with respect to such consideration or review. ”

“ If the homeless child's or youth's living arrangements in the area served by the local educational agency of origin terminate and the child or youth, though continuing his or her education in the school of origin, begins living in an area served by another local educational agency, the local educational agency of origin and the local educational agency in which the homeless child or youth is living shall agree upon a method to apportion the responsibility and costs for providing the child with transportation to and from the school of origin. ”

“ In general.—The education line officer of an agency office of the Bureau may appeal to the Director of the Office any determination by the local school board for the school that an individual be employed, or not be employed, as the supervisor of a school by filing a written statement describing the determination and the reasons the supervisor believes such determination should be overturned. ”

“ To develop and implement professional development programs for school personnel to heighten their awareness of, and capacity to respond to, specific problems in the education of homeless children and youths. ”

“ Tribal organization.—The term `tribal organization' means— `` (i) the recognized governing body of any Indian tribe, band, nation, pueblo, or other organized community, including a Native village (as defined in section 3 (c) of the Alaska Native Claims Settlement Act) ; or `` (ii) in connection with any personnel action referred to in this subsection, any local school board to which the governing body has delegated the authority to grant a waiver under this subsection with respect to a personnel action. ”

“ General Use of Funds.—Funds received by Bureau-funded schools from the Bureau of Indian Affairs, and under any program from the Department of Education or any other Federal agency, for the purpose of providing education or related services may be used for schoolwide projects to improve the educational program for all Indian students. ”

“ Educational Needs.—Congress affirms— `` (1) true self-determination in any society of people is dependent upon an educational process that will ensure the development of qualified people to fulfill meaningful leadership roles; `` (2) that Indian people have special and unique educational needs, including the need for programs to meet the linguistic and cultural aspirations of Indian tribes and communities; and `` (3) that those needs may best be met through a grant process. ”

“ Requirements for certain uses.—No funds shall be withheld from the distribution to the budget of any school operated under contract or grant by the Bureau for maintenance or any other facilities or road-related purpose, unless such school has consented, as a modification to the contract or in writing for grants schools, to the withholding of such funds, including the amount thereof, the purpose for which the funds will be used, and the timeline for the services to be provided. ”

“ Waiver.— `` (1) In general.—A tribal governing body or local school board may, in accordance with this subsection, waive the standards established under this section for a school described in subsection (a) . `` (2) Inappropriate standards.— `` (A) In general.—A tribal governing body, or the local school board so designated by the tribal governing body, may waive, in whole or in part, the standards established under this section if such standards are determined by such body or board to be inappropriate for the needs of students from that tribe. ”

“ The terms `local educational agency' and `State educational agency' have the meanings given such terms in section 9101 of the Elementary and Secondary Education Act of 1965. `` (4) The term `Secretary' means the Secretary of Education. `` (5) The term `State' means each of the 50 States, the District of Columbia, and the Commonwealth of Puerto Rico. `` (6) The term `unaccompanied youth' includes a youth not in the physical custody of a parent or guardian. ”

“ Tribally controlled school.—The term `tribally controlled school' means a school that— `` (A) is operated by an Indian tribe or a tribal organization, enrolling students in kindergarten through grade 12, including a preschool; `` (B) is not a local educational agency; and `` (C) is not directly administered by the Bureau of Indian Affairs. ”

“ Technical and Coordinating Assistance.—Education personnel who are under the direction and supervision of the Director of the Office of Indian Education Programs in accordance with subsection (b) (1) shall— `` (1) monitor and evaluate Bureau education programs; `` (2) provide all services and support functions for education programs with respect to personnel matters involving staffing actions and functions; and `` (3) provide technical and coordinating assistance in areas such as procurement, contracting, budgeting, personnel, curriculum, and operation and maintenance of school facilities. ”

“ Invasive physical examination.—The term `invasive physical examination' means any medical examination that involves the exposure of private body parts, or any act during such examination that includes incision, insertion, or injection into the body, but does not include a hearing, vision, or scoliosis screening. ”