U.S.C. 236 et seq.). For the authorizations made in this subsection, any amounts authorized but not appropriated in any fiscal year shall remain available for appropriation in succeeding fiscal years. Any amount appropriated pursuant to this Act for any fiscal year shall remain available until expended."

PAYMENTS TO LOCAL SCHOOL AGENCIES FOR FISCAL YEARS THROUGH 1983; SEPARATION OF FUNDS; REPORT TO Congressional CommitteeS

Section 305(b)(2), formerly § 305(a)(2), of Pub. L. 93-380, as amended by Pub. L. 94-273, § 48(b), Apr. 21, 1976, 90 Stat. 382, renumbered by Pub. L. 94-482, title V. § 501(a)(3), Oct. 12, 1976, 90 Stat. 2235, and amended Pub. L. 95-561, title X, § 1001(d), (e), Nov. 1, 1978, 92 Stat. 2306; Pub. L. 96-88, title III, § 301(a)(1), title V, 507, Oct. 17, 1979, 93 Stat. 677, 692, provided that: "(A)(i) Notwithstanding any other provision of law unless enacted in express limitation of this subparagraph

"(I) in the case of any local educational agency which is entitled to a payment under section 3 of the Act of September 30, 1950 (Public Law 874, Eightyfirst Congress) [this section] for the fiscal year ending June 30, 1973, which constituted an amount equal to not less than 10 per centum of the current expenditures of such agency for such fiscal year, the amount paid to such agency pursuant to such Act of September 30, 1950 [this chapter] for any fiscal year beginning after June 30, 1974, and ending prior to October 1, 1978, on the basis of the entitlement of that agency under such section 3 [this section], shall not be less than 90 per centum of the amount paid to such agency on the basis of such entitlement for the preceding fiscal year; and

"(II) in the case of any other local educational agency, the amount so paid during any fiscal year beginning after June 30, 1974, and ending prior to October 1, 1978, shall not be less than 80 per centum of the amount so paid for the preceding fiscal year. In the case of any local educational agency which is eligible prior to July 1, 1975, for a payment under section 3 of the Act of September 30, 1950 (Public Law 874, Eighty-first Congress) [this section] by reason of the 3 per centum requirement in clause (B) of section 3(c)(2) of such Act [former subsec. (c)(2)(B) of this section], as in effect prior to the effective date of the amendment made by paragraph (1) of subsection (a) [see note for section 305(b)(1) of Pub. L. 93-380 under this section), but which fails to meet such requirement in any fiscal year ending prior to October 1, 1977, such agency shall continue to be eligible for a payment under such section 3 as then in effect [former section 238 of this title] for the two succeeding fiscal years, but the payment under such section [former section 238 of this title] during the second of such succeeding fiscal years shall not exceed 50 per centum of the amount of the payment such agency was entitled to receive during the most recent fiscal year in which it was so eligible by reason of such clause (B) [former subsec. (c)(2)(B) of this section].

"(ii) Funds appropriated for any fiscal year for making payments to local educational agencies pursuant to the Act of September 30, 1950 (Public Law 874, Eighty-first Congress) [this chapter], which are increased by reason of the provisions of division (i) shall, to the extent of any such increase, be separate from funds appropriated for such fiscal year for payments pursuant to title I of such Act [subchapter II of this chapter] which are not so increased. If, for any fiscal year, a law making appropriations for payments pursuant to such title I [subchapter II of this chapter] is enacted and such law makes no express provision for payments increased by division (i)—

"(I) all funds so appropriated shall be allocated and paid in accordance with section 5 of such Act of September 30, 1950 [section 240 of this title], and without regard for the provisions of division (i); and "(II) not later than fifteen days after the enactment of such law, the Secretary of Education shall

submit a report to the Committees on Appropriations and on Education and Labor of the House of Representatives and the Committees on Appropriations and Labor and Public Welfare of the Senate, which report shall contain a statement detailing the dollar amounts necessary to satisfy the requirements of division (i) and constitute a budget estimate within the meaning of section 201(a)(5) of the Act of June 10, 1921 (31 U.S.C. 11(a)(5)) [31 U.S.C. 1105(a)(5)].

"(B) In the case of any local educational agency which experiences a decrease in the number of children determined by the Secretary of Education under section 3 of the Act of September 30, 1950 (Public Law 874, Eighty-first Congress) [this section] of 10 per centum or more of such number

“(i) during the fiscal year ending June 30, 1974, or the fiscal year ending June 30, 1975; or

"(ii) during the period beginning July 1, 1973, and ending June 30, 1975;

as the result of a decrease in, or cessation of, Federal activities affecting military installations in the United States announced after April 16, 1973, the amount of the payment to which such agency shall be entitled under title I of such Act [subchapter II of this chapter], as computed under section 3 of such Act [this section], for any fiscal year ending prior to July 1, 1983, shall not be less than 90 per centum of the amount to which the agency was so entitled during the preceding fiscal year. The provisions of this subparagraph shall be effective on and after July 1, 1974, and with respect to appropriations for the fiscal year ending June 30, 1975, and succeeding fiscal years, and such provisions shall be deemed to have been enacted before the beginning of the fiscal year ending June 30, 1975. Nothing in this subparagraph shall be construed to decrease the amount of the payment to which any local educational agency is entitled for any fiscal year on the basis of entitlements created under section 3 of such Act of September 30, 1950 [this section].

"(C) During the first fiscal year in which the amendments made by subsection (a) are effective [see note for section 305(b)(1) of Pub. L. 93-380 under this section] and each of the succeeding fiscal years ending prior to July 1, 1983, the Secretary of Education shall determine with respect to each local educational agency in any State the number of children who were in average daily attendance at the schools of such agency, and for whom such agency provided free public education, during such fiscal year, and who, while in attendance at such schools resided with a parent employed on Federal property in a State or in a county other than the State or county, as the case may be, in which the school district of such agency is located but which is situated within a reasonable commuting distance from the school district of such agency. If the number of children determined under the preceding sentence is equal to at least 10 per centum of the total number of children determined with respect to such agency for such fiscal year under section 3(b) of the Act of September 30, 1950 (Public Law 874, Eighty-first Congress) [subsec. (b) of this section], the amount to which such agency shall be entitled with respect to a number of children determined under such section 3(b) [subsec. (b) of this section] for such fiscal year, shall not be less than 90 per centum of the amount which such agency received with respect to the number of children so determined during the preceding fiscal year, as computed under section 3 of such Act [this section].

"(D)(i) The Secretary of Education shall determine for each fiscal year beginning after June 30, 1975, and ending prior to July 1, 1978, the amount which each local educational agency would be paid for that fiscal year under section 3 of the Act of September 30, 1950 (Public Law 874, Eighty-first Congress) [this section] if the amount appropriated had been allocated as provided in section 5(c) of such Act [section 240(c) of this title] without regard for entitlements (or portions

thereof) which are attributable to determinations under subsections (a) and (b) of such section [section 240(a) and (b) of this title] of the number of children who resided on, or resided with a parent employed on, property which is part of a low-rent housing project described in section 403(1)(C) [section 244(1)(C) of this title]. The Secretary shall then determine the amount which each local educational agency is to be paid for that fiscal year under such section 3 [this section] and allocated in accordance with such section 5(c) [section 240(c) of this title]. If the amount determined with respect to any local educational agency under the first sentence of this division is greater than the amount determined with respect to the second sentence of this division, the Secretary shall pay to that agency an amount equal to the difference between the amounts so determined.

"(ii) Funds appropriated for any fiscal year for making payments pursuant to the third sentence of division (i) shall be separate from funds appropriated for such fiscal year for making payments pursuant to section 5 of the Act of September 30, 1950 (Public Law 874, Eighty-first Congress) [section 240 of this title]. If, for any fiscal year, a law making appropriations for payments pursuant to such section 5 [section 240 of this title] is enacted, and such law makes no express provision for payments pursuant to such third sentence

"(I) all funds so appropriated shall be allocated and paid in accordance with such section 5 [section 240 of this title], without regard for such third sentence; and

"(II) not later than fifteen days after the enactment of such law, the Secretary shall submit a report to the Committees on Appropriations and on Education and Labor of the House of Representatives and the Committees on Appropriations and Labor and Public Welfare of the Senate, which report shall contain a statement detailing the dollar amounts necessary to make the payments required under such third sentence and shall, with respect to such dollar amounts, constitute a budget estimate within the meaning of section 201(a)(5) of the Act of June 10, 1921 (31 U.S.C. 11(a)(5)) [31 U.S.C. 1105(a)(5)]."

FISCAL YEAR TRANSITION PERIOD OF JULY 1, 1976, THROUGH SEPTEMBER 30, 1976, DEEMED PART OF FISCAL YEAR BEGINNING OCTOBER 1, 1976

Fiscal year transition period of July 1, 1976, through Sept. 30, 1976, deemed part of fiscal year beginning Oct. 1, 1976, for purposes of this section, see section 205(26) of Pub. L. 94-274, Apr. 21, 1976, 90 Stat. 393, set out as a note under section 5532 of Title 5, Government Organization and Employees.

POSTPONEMENT OF EFFECTIVE DATE OF 3 PERCENT ABSORPTION REQUIREMENT IN SUBSECTION (C)(1) OF THIS SECTION

Act Aug. 31, 1954, ch. 1150, 68 Stat. 1006, as amended by act Aug. 12, 1955, ch. 868, § 3, 69 Stat. 713, provided that notwithstanding subsec. (c)(1) of this section, the amounts payable to a local educational agency for the fiscal year ending June 30, 1955, and the succeeding fiscal year, with respect to the number of children determined under subsecs. (a) or (b) of this section, were to be computed on the same basis as was used during the fiscal year ending June 30, 1954, under subsecs. (a) to (d) of this section.

Absorption requirement contained in subsection (c)(1) of this section was eliminated by 1956 amendment to subsec. (c) effected by act Aug. 3, 1956, § 204(a).

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 239, 240, 241, 244, 635, 1228 of this title.

§ 239. Sudden and substantial increases in attendance

(a) Determination by Secretary; amount of contribu

tion

If the Secretary determines for any fiscal year ending prior to October 1, 1983

(1) that, as a direct result of activities of the United States (carried on either directly or through a contractor), an increase in the number of children in average daily attendance at the schools of any local educational agency has occurred in such fiscal year, which increase so resulting from activities of the United States is equal to at least 5 per centum of the difference between the number of children in average daily attendance at the schools of such agency during the preceding fiscal year and the number of such children whose attendance during such year resulted from activities of the United States (including children who resided on Federal property or with a parent employed on Federal property); and

(2) that such activities of the United States have placed on such agency a substantial and continuing financial burden; and

(3) that such agency is making a reasonable tax effort and is exercising due diligence in availing itself of State and other financial assistance but is unable to secure sufficient funds to meet the increased educational costs involved,

then such agency shall be entitled to receive for such fiscal year an amount equal to the product of

(A) the number of children which the Secretary determines to be the increase, so resulting from activities of the United States, in such year in average daily attendance; and

(B) the amount which the Secretary determines to be the current expenditures per child necessary to provide free public education to such additional children during such year, minus the amount which the Secretary determines to be available from State, local, and Federal sources for such purpose (not counting as available for such purpose either payments under this chapter or funds from local sources necessary to provide free public education to other children).

For the next fiscal year (except where the determination under the preceding sentence has been made with respect to the fiscal year ending June 30, 1973) such agency shall be entitled to receive 50 per centum of such product reduced by the amount of such product which is attributable to children with respect to whom such agency is, or upon application would be, entitled to receive any payment under section 238 of this title for such fiscal year, but not to exceed for such year the amount which the Secretary determines to be necessary to enable such agency, with the State, local, and other Federal funds (exclusive of funds available under subchapter II of this chapter) available to it for such purpose, to provide a level of education equivalent to that maintained in the school districts in such State which in his judgment are generally comparable to the school

district of such agency. The determinations whether an increase has occurred for purposes of clause (1) of this subsection and whether such increase meets the 5 per centum requirement contained in such clause, for any fiscal year, shall be made on the basis of estimates by the Secretary made prior to the close of such year, except that an underestimate made by the Secretary pursuant to the foregoing provisions of this sentence shall not operate to deprive an agency of its entitlement to any payments under this section to which it would be entitled had the estimate been accurate. The determination under clause (B) of this subsection shall be made by the Secretary after considering the current expenditures per child in providing free public education in those school districts in the State which, in the judgment of the Secretary, are generally comparable to the school district of the local educational agency for which the computation is being made. (b) Omitted

(c) Counting of certain children in determination of increases

In determining under subsection (a) of this section whether there has been an increase in attendance in any fiscal year directly resulting from activities of the United States and the number of children with respect to whom payment is to be made for any fiscal year, the Secretary shall not count

(A) children with respect to whom a local educational agency is, or upon application would be, entitled to receive any payment under section 238 of this title for such fiscal year: Provided, That the Secretary shall count for such purposes as an increase directly resulting from activities of the United States, an increase in the number of children who reside on Federal property or reside with a parent employed on Federal property, if the local educational agency files, in accordance with regulations of the Secretary, its election that such increase be counted for such purposes instead of for the purposes of section 238 of this title; and

(B) children whose attendance is attributable to activities of the United States carried on in connection with real property which has been excluded from the definition of Federal property by the last sentence of paragraph (1) of section 244 of this title.

(d) Adjustment for decreases in Federal activities Whenever the Secretary determines that

(1) a local educational agency has made preparations to provide during a fiscal year free public education for a certain number of children to whom subsection (a) of this section applies;

(2) such preparations were in his judgment reasonable in the light of the information available to such agency at the time such preparations were made; and

(3) such number has been substantially reduced by reason of a decrease in or cessation of Federal activities or by reason of a failure of any of such activities to occur,

the amount to which such agency is otherwise entitled under this section for such year shall

be increased to the amount to which, in the judgment of the Secretary, such agency would have been entitled but for such decrease in or cessation of Federal activities or the failure of such activities to occur, minus any reduction in current expenditures for such year which the Secretary determines that such agency has effected, or reasonably should have effected, by reason of such decrease in or cessation of Federal activities or the failure of such activities to occur.

(e) Consultation with State and local authorities

All determinations of the Secretary under this section shall be made only after consultation with the State educational agency and the local educational agency.

(Sept. 30, 1950, ch. 1124, title I, § 4, formerly § 4, 64 Stat. 1104; Aug. 8, 1953, ch. 402, §§ 3-5, 67 Stat. 532-534; Aug. 12, 1955, ch. 868, §§ 1, 2, 69 Stat. 713; Aug. 3, 1956, ch. 915, title II, §§ 207, 208, 70 Stat. 972; Aug. 12, 1958, Pub. L. 85-620, title II, § 203, 72 Stat. 560; Oct. 3, 1961, Pub. L. 87-344, title I, § 102(a), 75 Stat. 759; Dec. 18, 1963, Pub. L. 88-210, title III, § 302, formerly § 32, 77 Stat. 419, renumbered Oct. 16, 1968, Pub. L. 90-576, title I, § 101(a)(1), 82 Stat. 1064; Oct. 16, 1964, Pub. L. 88-665, title XI, § 1102(a), 78 Stat. 1109; renumbered and amended Apr. 11, 1965, Pub. L. 89-10, title I, §§ 3(b), 5, 79 Stat. 34, 36; Jan. 2, 1968, Pub. L. 90-247, title III, § 301(e), 81 Stat. 813; Apr. 13, 1970, Pub. L. 91-230, title II, § 201(b), 84 Stat. 154; Aug. 21, 1974, Pub. L. 93-380, title III, § 303(a)(2), 88 Stat. 522; Apr. 21, 1976, Pub. L. 94-273, § 3(5), 90 Stat. 376; Nov. 1, 1978, Pub. L. 95-561, title X, § 1001(c), 92 Stat. 2306; Oct. 17, 1979, Pub. L. 96-88, title III, § 301(a)(1), title V, § 507, 93 Stat. 677, 692.)

CODIFICATION

Subsec. (b) provided for additional assistance to local educational agencies where increases in school attendance occurred prior to July 1, 1950.

AMENDMENTS

1978-Subsec. (a). Pub. L. 95-561 substituted in provision preceding par. (1) "1983" for "1978". 1976-Subsec. (a). Pub. L. 94-273 substituted "October" for "July”.

1974-Subsec. (a). Pub. L. 93-380, in text preceding cl. (1), substituted "1978" for "1973".

1970-Subsec. (a). Pub. L. 91-230 substituted "1973" for "1970" wherever appearing.

1968-Subsec. (a). Pub. L. 90-247 substituted "1970" for "1968" in two instances.

1965-Subsec. (a). Pub. L. 89-10 substituted "1968" for "1966", wherever appearing, and, in the closing provisions, inserted provisions which excluded from the computation of available funds those funds available under subchapter II of this chapter.

1964-Subsec. (a). Pub. L. 88-665 substituted "1966" for "1965", wherever appearing.

1963-Subsec. (a). Pub. L. 88-210 substituted "1965" for "1963", wherever appearing.

1961-Subsec. (a). Pub. L. 87-344 substituted "July 1, 1963" and "June 30, 1963" for "July 1, 1961" and "June 30, 1961", respectively.

1958-Subsec. (a). Pub. L. 85-620, § 203(a), substituted "1961" for "1958" in two instances, and inserted "reduced by the amount of such product which is attributable to children with respect to whom such agency is, or upon application would be, entitled to re

ceive any payment under section 238 of this title for such fiscal year" following "50 per centum of such product".

Subsec. (c). Pub. L. 85-620, § 203(b), inserted proviso in subpar. (A) requiring the Commissioner to count for such purposes as an increase directly resulting from activities of the United States, an increase in the number of children who reside on Federal property or reside with a parent employed on Federal property, if the local agency files its election that such increase be counted for such purposes instead of for the purposes of section 238 of this title.

1956-Subsec. (a). Act Aug. 3, 1956, § 207, substituted "1958" for "1957" in two instances, and eliminated "section 237 of" from subpar. 3(B).

Subsec. (c). Act Aug. 3, 1956, § 208, inserted par. (A), that children for whom a local educational agency could receive payment under section 238 may not be counted, designated existing provisions as par. (B), and eliminated therefrom the words "but shall count as an increase directly resulting from activities of the United States an increase in the number of children who reside on Federal property or reside with a parent employed on Federal property".

1955-Subsec. (a). Act Aug. 12, 1955, extended the duration date until July 1, 1957, and authorized payments to schools where the increase in the number of children in average daily attendance in any fiscal year is equal to five percent of the nonfederally connected children.

1953-Subsec. (a). Act Aug. 8, 1953, § 3, extended the duration date until July 1, 1956, imposed as an eligibility condition a 5 percent increase over the preceding year's school attendance, provided that the increase must be a "direct" result of Federal activities, limited payments on the basis of an increase to a two-year period, permitted deductions of payments made under section 238 of this title, based the determination of amount of payment on expenditures in "generally comparable" rather than "most nearly comparable" districts, and provided that the requirement as to minimum number of children might be based on estimates.

Subsec. (c). Act. Aug. 8, 1953, § 4, eliminated the reference to children with respect to whom a local educational agency was entitled to receive payment under section 238 of this title, and added the provision that an increase in children who reside on Federal property or with a parent employed on Federal property shall be counted as an increase directly resulting from activities of the United States.

Subsec. (d). Act Aug. 8, 1953, § 5, removed the special requirements for larger cities and provided for additional payments in certain cases where the Federal increase was less than expected.

EFFECTIVE DATE OF 1978 AMENDMENT Amendment by Pub. L. 95-561 effective with respect to the 1979 fiscal year and subsequent fiscal years, see section 1032 of Pub. L. 95-561, set out as an Effective Date of 1978 Amendment note under section 237 of this title.

EFFECTIVE DATE OF 1974 AMENDMENT Amendment by Pub. L. 93-380 effective on and after July 1, 1973, see section 303(b) of Pub. L. 93-380, set out as an Effective Date of 1974 Amendment note under section 237 of this title.

EFFECTIVE DATE OF 1963 AMENDMENT Amendment by Pub. L. 88-210 effective July 1, 1963, see section 303, formerly 33, of Pub. L. 88-210, set out as an Effective Date of 1963 Amendment note under section 237 of this title.

EFFECTIVE DATE OF 1961 AMENDMENT Amendment by Pub. L. 87-344 effective for the period beginning July 1, 1961, see section 103 of Pub. L. 87-344, set out as an Effective Date of 1961 Amendment note under section 633 of this title.

EFFECTIVE DATE OF 1958 AMENDMENT

Amendment by Pub. L. 85-620 effective for the period beginning July 1, 1958, see Effective Date of 1958 Amendment note set out under section 237 of this title.

EFFECTIVE DATE OF 1956 AMENDMENT

Amendment by act Aug. 3, 1956, effective July 1, 1956, see Effective Date of 1956 Amendment note under section 237 of this title.

EFFECTIVE DATE OF 1953 AMENDMENT

For effective date of amendments by act Aug. 8, 1953, see section 12 of act Aug. 8, 1953, set out as an Effective Date of 1953 Amendment note under section 237 of this title.

TRANSFER OF FUNCTIONS

"Secretary", meaning the Secretary of Education, was substituted for "Commissioner" in text pursuant to sections 301(a)(1) and 507 of Pub. L. 96-88, which are classified to sections 3441(a)(1) and 3507 of this title and which transferred all functions of the Commissioner of Education to the Secretary of Education. FISCAL YEAR TRANSITION PERIOD OF JULY 1, 1976, THROUGH SEPTEMBER 30, 1976, DEEMED PART OF FISCAL YEAR BEGINNING OCTOBER 1, 1976

Fiscal year transition period of July 1, 1976, through Sept. 30, 1976, deemed part of fiscal year beginning Oct. 1, 1976, for purposes of this section, see section 205(26) of Pub. L. 94-274, Apr. 21, 1976, 90 Stat. 393, set out as a note under section 5532 of Title 5, Government Organization and Employees.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 240, 241, 244 of this title.

§ 239a. Repealed. Pub. L. 97-35, title V, § 542(1), Aug. 13, 1981, 95 Stat. 458

Section, act Sept. 30, 1950, ch. 1124, title I, § 4A, as added Oct. 3, 1980, Pub. L. 96-374, title XIII, § 1341, 95 Stat. 1500, related to payments for special programs for alien children who fled from Cambodia, Vietnam, Laos, Cuba, or Haiti. See provisions set out as notes under section 1522 of Title 8, Aliens and Nationality.

EFFECTIVE DATE OF REPEAL

Section repealed effective Oct. 1, 1981, see section 547 of Pub. L. 97-35, set out as a note under section 1522 of Title 8, Aliens and Nationality.

§ 240. Payments

(a) Applications to Secretary; time of submission; form; information

Any local educational agency desiring to receive the payments to which it is entitled for any fiscal year under sections 237, 238, or 239 of this title shall submit an application therefor through the State educational agency of the State in which such agency is located to the Secretary. Such applications shall be submitted at such time, in such form, and containing such information as the Secretary may reasonably require to enable him to carry out his functions under this subchapter and shall give adequate assurance that the applicant will submit such reports as the Secretary may reasonably require to determine whether such agency is entitled to a payment under any of such sections and the amount of such payment.

(b) Payments by Secretary; early payments on the basis of estimates; Indian education

(1) The Secretary shall pay to each local educational agency, making application pursuant to subsection (a) of this section, the amount to which it is entitled under sections 237, 238, or 239 of this title. Sums appropriated, for any fiscal year, to enable the Secretary to make payments pursuant to this subchapter shall, notwithstanding any other provision of law unless enacted in express limitation of this subsection, remain available for obligation and payments with respect to amounts due local educational agencies under this subchapter for such fiscal year, until the end of the fiscal year succeeding the fiscal year for which such sums are appropriated.

(2) Not later than thirty days after the beginning of any fiscal year the Secretary shall, on the basis of any application for preliminary payment from any local educational agency which was eligible for a payment during the preceding fiscal year on the basis of entitlements established under section 237 or 238 of this title, make such a payment to such agency of not less than 75 per centum of the amount that such agency received during such preceding fiscal year.

(3)(A) Payments of entitlements under section 238(d)(2)(D) of this title shall be made only to local educational agencies which have, within one year of November 1, 1978, or when local educational agencies are formed after November 1, 1978, within one year of their formation, established such policies and procedures with respect to information received from Indian parents and tribes as required by this paragraph and which have made assurances to the Secretary, at such time and in such manner as shall be determined by regulation, that such policies and procedures have been established. The Secretary shall have the authority to waive this one-year limit for good cause, and in writing to the tribes to be affected.

(B) Each local educational agency shall establish such policies and procedures as are necessary to insure that—

(i) Indian children claimed under section 238(a) of this title participate on an equal basis in the school program with all other children educated by the local educational agency;

(ii) applications, evaluations, and program plans are adequately disseminated to the tribes and parents of Indian children claimed under section 238(a) of this title; and

(iii) tribes and parents of Indian children claimed under section 238(a) of this title are—

(I) afforded an opportunity to present their views with respect to the application, including the opportunity to make recommendations concerning the needs of their children and the ways by which they can assist their children in realizing the benefits to be derived from the educational programs assisted under this paragraph;

(II) actively consulted and involved in the planning and development of programs assisted under this paragraph; and

(III) afforded a general opportunity to present their overall views on the educa

tional program, including the operation of such programs, and the degree of parental participation allowed.

(C)(i) Any tribe, or its designee, which has students in attendance at a local educational agency may, in its discretion and without regard to the requirements of any other provision of law, file a written complaint with the Secretary regarding any action of a local educational agency taken pursuant to, or relevant to, the requirements of subparagraph (B) of this paragraph.

(ii) Within ten working days from receipt of the complaint, the Secretary shall—

(I) designate a time and place for a hearing into the matters relating to the complaint at a location in close proximity to the local educational agency involved, or, if the Secretary determines there is good cause, at some other location convenient to both the tribe, or its designee, and the local educational agency;

(II) designate a hearing examiner to conduct the hearing; and

(III) notify the affected tribe or tribes and the local educational agency involved of the time, place, and nature of the hearing and send copies of the complaint to the local educational agency and the affected tribe or tribes.

(iii) The hearing shall be held within thirty days of the designation of a hearing examiner and shall be open to the public. A record of the proceedings shall be established and maintained.

(iv) The complaining tribe, or its designee, and the local educational agency shall be entitled to present evidence on matters relevant to the complaint and to make recommendations concerning the appropriate remedial actions. Each party to the hearing shall bear only its own costs in the proceeding.

(v) Within thirty days of the completion of the hearing, the hearing examiner shall, on the basis of the record, make written findings of fact and recommendations concerning appropriate remedial actions (if any) which should be taken. The hearing examiner's findings and recommendations, along with the hearing record, shall be forwarded to the Secretary.

(vi) Within thirty days of his receipt of the findings, recommendations, and record, the Secretary shall, on the basis of the record, make a written determination of the appropriate remedial action, if any, to be taken by the local educational agency, the schedule for completion of the remedial action, and the reasons for his decision.

(vii) Upon completion of his final determination, the Secretary shall provide the complaining tribe, or its designee, and the local educational agency with copies of the hearing record, the hearing examiner's findings and recommendations, and the Secretary's final determination. The final determination of the Secretary shall be subject to judicial review.

(viii) In all actions under this subparagraph, the Secretary shall have discretion to consolidate complaints involving the same tribe or local educational agency.