DURATION OF ELIGIBILITY DETERMINATION.

SEC. 5207. DURATION OF ELIGIBILITY DETERMINATION. (a) In General.—If the Secretary determines that a tribally controlled school is eligible for assistance under this part, the eligibility determination shall remain in effect until the determination is revoked by the Secretary, and the requirements of subsection (b) or (c) of section 5206, if applicable, shall be considered to have been met with respect to such school until the eligibility determination is revoked by the Secretary. (b) Annual Reports.—Each recipient of a grant provided under this part shall submit to the Secretary and to the tribal governing body (within the meaning of section 1121(j) of the Education Amend-102 STAT. 392ments of 1978) of the tribally controlled school an annual report that shall be limited to— (1) an annual financial statement reporting revenue and expenditures as defined by the cost accounting established by the grantee; (2) a biannual financial audit conducted pursuant to the standards of the Single Audit Act of 1984; (3) an annual submission to the Secretary of the number of students served and a brief description of programs offered under the grant; and (4) a program evaluation conducted by an impartial entity, to be based on the standards established for purposes of subsection (c)(1)(A)(ii). (c) Revocation of Eligibility.— (1)(A) The Secretary shall not revoke a determination that a school is eligible for assistance under this part if— (i) the Indian tribe or tribal organization submits the reports required under subsection (b) with respect to the school, and (ii) at least one of the following subclauses applies with respect to the school: (I) The school is certified or accredited by a State or regional accrediting association as determined by the Secretary of Education, or is a candidate in good standing for such accreditation under the rules of the State or regional accrediting association, showing that cred-its achieved by students within the education programs are, or will be, accepted at grade level by a State certified or regionally accredited institution. (II) A determination made by the Secretary that there is a reasonable expectation that the accreditation described in subclause (I), or the candidacy in good standing for such accreditation, will be reached by the school within 3 years and that the program offered by the school is beneficial to the Indian students. (III) The school is accredited by a tribal department of education if such accreditation is accepted by a generally recognized regional or State accreditation agency. (IV) The school accepts the standards promulgated under section 1121 of the Education Amendments of 1978 and an evaluation of performance is conducted under this section in conformance with the regulations pertaining to Bureau operated schools by an impartial evaluator chosen by the grantee, but no grantee shall be required to comply with these standards to a higher degree than a comparable Bureau operated school. (V) A positive evaluation of the school is conducted once every 3 years under standards adopted by the contractor under a contract for a school entered into under the Indian Self-Determination and Education Assistance Act prior to the date of enactment of this Act, such evaluation to be conducted by an impartial evaluator agreed to by the Secretary and the grantee. Upon failure to agree on such an evaluator, the governing body of the tribe shall choose the evaluator or perform the evaluation. 102 STAT. 393 (B) The choice of standards employed for purposes of subparagraph (A)(ii) shall be consistent with section 1121(e) of the Education Amendments of 1978. (2) The Secretary shall not revoke a determination that a school is eligible for assistance under this part, or reassume control of a school that was a Bureau school prior to approval of an application submitted under section 5206(b)(1)(A), until the Secretary— (A) provides notice to the tribally controlled school and the tribal governing body (within the meaning of section 1121(j) of the Education Amendments of 1978} of the tribally controlled school which states— (i) the specific deficiencies that led to the revocation or resumption determination, and (ii) the actions that are needed to remedy such deficiencies, and (B) affords such authority an opportunity to effect any remedial actions. The Secretary shall provide such technical assistance as is necessary to effect such remedial actions. Such notice and technical assistance shall be in addition to a hearing and appeal to be conducted pursuant to the regulations described in section 5206(f)(1)(C).