§2501. Findings

The Congress, after careful review of the Federal Government's historical and special legal relationship with, and resulting responsibilities to, Indians, finds that-

(1) the Indian Self-Determination and Education Assistance Act [25 U.S.C. 450 et seq.], which was a product of the legitimate aspirations and a recognition of the inherent authority of Indian nations, was and is a crucial positive step towards tribal and community control;

(2) the Bureau of Indian Affairs' administration and domination of the contracting process under such Act [25 U.S.C. 450 et seq.] has not provided the full opportunity to develop leadership skills crucial to the realization of self-government, and has denied to the Indian people an effective voice in the planning and implementation of programs for the benefit of Indians which are responsive to the true needs of Indian communities;

(3) Indians will never surrender their desire to control their relationships both among themselves and with the non-Indian governments, organizations, and persons;

(4) true self-determination in any society of people is dependent upon an educational process which will ensure the development of qualified people to fulfill meaningful leadership roles;

(5) the Federal administration of education for Indian children has not effected the desired level of educational achievement nor created the diverse opportunities and personal satisfaction which education can and should provide;

(6) true local control requires the least possible Federal interference; and

(7) the time has come to enhance the concepts made manifest in the Indian Self-Determination and Education Assistance Act [25 U.S.C. 450 et seq.].

( Pub. L. 100–297, title V, §5202, Apr. 28, 1988, 102 Stat. 385 .)

References in Text

The Indian Self-Determination and Education Assistance Act, referred to in pars. (1), (2), and (7), is Pub. L. 93–638, Jan. 4, 1975, 88 Stat. 2203 , as amended, which is classified principally to subchapter II (§450 et seq.) of chapter 14 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 450 of this title and Tables.

Effective Date

For effective date and applicability of chapter, see section 6303 of Pub. L. 100–297, set out as an Effective Date of 1988 Amendment note under section 1071 of Title 20, Education.

Short Title

Section 5201 of Pub. L. 100–297 provided that: "This part [part B (§§5201–5212) of title V of Pub. L. 100–297, enacting this chapter] may be cited as the 'Tribally Controlled Schools Act of 1988'."