§ 37.122 Once geographic attendance boundaries are established, how can they be changed?

(a) The Secretary can change the geographic attendance boundaries of a day school, on-reservation boarding school, or peripheral dorm only after: (1) Notifying the Tribe at least 6 months in advance; and (2) Giving the Tribe an opportunity to suggest different geographical attendance boundaries. (b) A tribe may ask the Secretary to change geographical attendance boundaries by writing a letter to the Director of the Office of Indian Education Programs, explaining the tribe's suggested changes. The Secretary must consult with the affected tribes before deciding whether to accept or reject a suggested geographic attendance boundary change. (1) If the Secretary accepts the Tribe's suggested change, the Secretary must publish the change in the Federal Register. (2) If the Secretary rejects the Tribe's suggestion, the Secretary will explain in writing to the Tribe why the suggestion either: (i) Does not meet the needs of Indian students to be served; or (ii) Does not provide adequate stability to all affected programs.