Public Law 107-110, 115 Stat. 1425.
70 FR 22200, Apr. 28, 2005, unless otherwise noted.
This part establishes for schools receiving Bureau funding a definition of “Adequate Yearly Progress (AYP).” Nothing in this part:
(a) Diminishes the Secretary's trust responsibility for Indian education or any statutory rights in law;
(b) Affects in any way the sovereign rights of tribes; or
(c) Terminates or changes the trust responsibility of the United States to Indian tribes or individual Indians.
Yes, the Act requires the Secretary to develop a definition of AYP through negotiated rulemaking. In developing the Secretary's definition of AYP, the No Child Left Behind Negotiated Rulemaking Committee (Committee) considered a variety of options. In choosing the definition in § 30.104, the Committee in no way intended to diminish the Secretary's trust responsibility for Indian education or any statutory rights in law. Nothing in this part:
(a) Affects in any way the sovereign rights of tribes; or
(b) Terminates or changes the trust responsibility of the United States to Indian tribes or individual Indians.
Yes, the Committee considered having the Bureau of Indian Affairs develop a separate Bureau definition of AYP. For a variety of reasons, the Committee reached consensus on the definition in § 30.104. This definition is in no way intended to diminish the United States' trust responsibility for Indian education nor is it intended to give States authority over Bureau-funded schools.
The Secretary defines AYP as follows. The definition meets the requirements in 20 U.S.C. 6311(b).
(a) Effective in the 2005-2006 school year, the academic content and student achievement standards, assessments, and the definition of AYP are those of the State where the school is located, unless an alternative definition of AYP is proposed by the tribal governing body or school board and approved by the Secretary.
(1) If the geographic boundaries of the school include more than one State, the tribal governing body or school board may choose the State definition it desires. Such decision shall be communicated to the Secretary in writing.
(2) This section does not mean that the school is under the jurisdiction of the State for any purpose, rather a reference to the State is solely for the purpose of using the State's assessment, academic content and student achievement standards, and definition of AYP.
(3) The use of the State's definition of AYP does not diminish or alter the Federal Government's trust responsibility for Indian education.
(b) School boards or tribal governing bodies may seek a waiver that may include developing their own definition of AYP, or adopting or modifying an existing definition of AYP that has been accepted by the Department of Education. The Secretary is committed to providing technical assistance to a school, or a group of schools, to develop an alternative definition of AYP.
Yes. A tribal governing body or school board may waive all or part of the Secretary's definition of academic content and achievement standards, assessments, and AYP. However, unless an alternative definition is approved
If a tribal governing body or school board decides that the definition of AYP in § 30.104 is inappropriate, it may decide to waive all or part of the definition. Within 60 days of the decision to waive, the tribal governing body or school board must submit to the Secretary a proposal for an alternative definition of AYP. The proposal must meet the requirements of 20 U.S.C. 6311(b) and 34 CFR 200.13-200.20, taking into account the unique circumstances and needs of the school or schools and the students served.
(a) An alternative definition of AYP must meet the requirements of 20 U.S.C. 6311(b)(2) of the Act and 34 CFR 200.13-200.20, taking into account the unique circumstances and needs of the school or schools and the students served.
(b) In accordance with 20 U.S.C. 6311(b) of the Act and 34 CFR 200.13-200.20, an alternative definition of AYP must:
(1) Apply the same high standards of academic achievement to all students;
(2) Be statistically valid and reliable;
(3) Result in continuous and substantial academic improvement for all students;
(4) Measure the progress of all students based on a high-quality assessment system that includes, at a minimum, academic assessments in mathematics and reading or language arts;
(5) Measure progress separately for reading or language arts and for mathematics;
(6) Unless disaggregation of data cannot yield statistically reliable information or reveals personally identifiable information, apply the same annual measurable objectives to each of the following:
(i) The achievement of all students; and
(ii) The achievement of economically disadvantaged students, students from major racial or ethnic groups, students with disabilities, and students with limited English proficiency;
(7) Establish a starting point;
(8) Create a timeline to ensure that all students are proficient by the 2013-2014 school year;
(9) Establish annual measurable objectives;
(10) Establish intermediate goals;
(11) Include at least one other academic indicator which, for any school with a 12th grade, must be graduation rate; and
(12) Ensure that at least 95 percent of the students enrolled in each group under § 30.107(b)(6) are assessed.
(c) If a Bureau-funded school's alternative definition of AYP does not use a State's academic content and student achievement standards and academic assessments, the school must include with its alternative definition the academic standards and assessment it proposes to use. These standards and assessments must meet the requirements in 20 U.S.C. 6311(b) and 34 CFR 200.1-200.9.
Yes, a tribal governing body or school board may take part of the Secretary's definition and propose to waive the remainder. The proposed alternative definition of AYP must, however, include both the parts of the Secretary's AYP definition the tribal governing body or school board is adopting and those parts the tribal governing body or school board is proposing to change.
Yes, the Secretary through the Bureau, shall provide technical assistance either directly or through contract to the tribal governing body or the school board in developing an alternative AYP definition. A tribal governing body or school board needing assistance must submit a request to the Director of
(a) The tribal governing body or school board requesting technical assistance to develop an alternative definition of AYP must submit a written request to the Director of OIEP, specifying the form of assistance it requires.
(b) The Director of OIEP must acknowledge receipt of the request for technical assistance within 10 days of receiving the request.
(c) No later than 30 days after receiving the original request, the Director of OIEP will identify a point of contact. This contact will immediately begin working with the tribal governing body or school board to jointly develop the specifics of the technical assistance, including identifying the form, substance, and timeline for the assistance.
In order to maximize the time the tribal governing body or school board has to develop an alternative definition of AYP and to provide full opportunity for technical assistance, the tribal governing body or school board should request technical assistance before formally notifying the Secretary of its intention to waive the Secretary's definition of AYP.
(a) The tribal governing body or school board submits a proposed alternative definition of AYP to the Director, OIEP within 60 days of its decision to waive the Secretary's definition.
(b) Within 60 days of receiving a proposed alternative definition of AYP, OIEP will notify the tribal governing body or the school board of:
(1) Whether the proposed alternative definition is complete; and
(2) If the definition is complete, an estimated timetable for the final decision.
(c) If the proposed alternative definition is incomplete, OIEP will provide the tribal governing body or school board with technical assistance to complete the proposed alternative definition of AYP, including identifying what additional items are necessary.
(d) The Secretaries will review the proposed alternative definition of AYP to determine whether it is consistent with the requirements of 20 U.S.C. 6311(b). This review must take into account the unique circumstances and needs of the schools and students.
(e) The Secretaries shall approve the alternative definition of AYP if it is consistent with the requirements of 20 U.S.C. 6311(b), taking into consideration the unique circumstances and needs of the school or schools and the students served.
(f) If the Secretaries approve the alternative definition of AYP:
(1) The Secretary shall promptly notify the tribal governing body or school board; and
(2) The alternate definition of AYP will become effective at the start of the following school year.
(g) The Secretaries will disapprove the alternative definition of AYP if it is not consistent with the requirements of 20 U.S.C. 6311(b). If the alternative definition is disapproved, the tribal governing body or school board will be notified of the following:
(1) That the definition is disapproved; and
(2) The reasons why the proposed alternative definition does not meet the requirements of 20 U.S.C. 6311(b).
(h) If the Secretaries deny a proposed definition under paragraph (g) of this section, they shall provide technical assistance to overcome the basis for the denial.
All students in grades three through eight and at least once in grades ten
The performance data of all students assessed pursuant to § 30.114 must be included for purposes of AYP if the student is enrolled in a Bureau-funded school for a full academic year as defined by the Secretary or by an approved alternative definition of AYP.
A school makes AYP if each group of students identified in § 30.107(b)(6) meets or exceeds the annual measurable objectives and participation rate identified in §§ 30.107(b)(9) and 30.107(b)(12) respectively, and the school meets the other academic indicators identified in § 30.107(b)(11). If a school fails to achieve its annual measurable objectives for any group identified in § 30.107(b)(6), there are two other methods it may use to determine whether it made AYP:
(a)
(1) In each group that does not achieve the school's annual measurable objectives, the percentage of students who were below the “proficient” level of academic achievement decreased by at least 10 percent from the preceding school year; and
(2) The students in that group made progress on one or more of the other academic indicators; and
(3) Not less than 95 percent of the students in that group participated in the assessment.
(b)
Yes. The Bureau must give such a school the opportunity to review the data on which the bureau would identify a school for improvement, and present evidence as set out in 20 U.S.C. 6316(b)(2).
(a) For a Bureau-operated school, implementation of remedial actions is the responsibility of the Bureau.
(b) For a tribally operated contract school or grant school, implementation of remedial actions is the responsibility of the school board of the school.
Yes, Bureau-funded schools are exempt from offering public school choice and supplemental educational services when identified for school improvement, corrective action, and restructuring.
From fiscal year 2004 to fiscal year 2007, the Bureau will reserve 4 percent of its title I allocation to assist Bureau-funded schools identified for school improvement, corrective action, and restructuring.
(a) The Bureau will allocate at least 95 percent of funds under this section to Bureau-funded schools identified for school improvement, corrective action, and restructuring to carry out those schools' responsibilities under 20 U.S.C. 6316(b). With the approval of the school board the Bureau may directly provide for the remedial activities or arrange for their provision through other entities such as school support teams or educational service agencies.
(b) In allocating funds under this section, the Bureau will give priority to schools that:
(1) Are the lowest-achieving schools;
(2) Demonstrate the greatest need for funds; and
(3) Demonstrate the strongest commitment to ensuring that the funds enable the lowest-achieving schools to meet progress goals in the school improvement plans.
(c) Funds reserved under this section must not decrease total funding under title I, part A of the Act, for any school below the level for the preceding year. To the extent that reserving funds under this section would reduce the title I, part A dollar amount of any school below the amount of title I, part A dollars the school received the previous year, the Secretary is authorized to reduce the title I, part A allocations of those schools receiving an increase in the title I, part A funds over the previous year to create the 4 percent reserve. This section does not authorize a school to receive title I, part A dollars it is not otherwise eligible to receive.
(d) The Bureau will publish in the
Yes, if a Bureau-funded school is identified for school improvement, corrective action, or restructuring, the Bureau must provide technical or other assistance described in 20 U.S.C. 6316(b)(4) and 20 U.S.C. 6316(g)(3) .
The Bureau must provide support to all Bureau-funded schools to assist them in achieving AYP. This includes technical assistance and other forms of support.
Yes, to the extent that Congress appropriates other funds to assist schools not meeting AYP, the Bureau will apply to the Department of Education for these funds.
(a) The Department will work directly with State officials to assist schools in obtaining access to the State's assessment. This can include direct communication with the Governor of the State. A Bureau-funded school may, if necessary, pay a State for access to its assessment tools and scoring services.
(b) If a State does not provide access to the State's assessment, the Bureau-funded school must submit a waiver for an alternative definition of AYP.
The Bureau has the following reporting responsibilities to the Department of Education, appropriate Committees of Congress, and the public.
(a) In order to provide information about annual progress, the Bureau must obtain from all Bureau-funded schools the results of assessments administered for all tested students, special education students, students with limited English proficiency, and disseminate such results in an annual report.
(b) The Bureau must identify each school that did not meet AYP in accordance with the school's AYP definition.
(c) Within its annual report to Congress, the Secretary shall include all of the reporting requirements of 20 U.S.C. 6316(g)(5).
Notwithstanding any other provision of law, no person is required to respond to, nor shall any person be subject to a penalty for failure to comply with, a collection of information subject to the requirements of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501
Sec. 1, 41 Stat. 410; 25 U.S.C. 282, unless otherwise noted.
22 FR 10533, Dec. 24, 1957, unless otherwise noted.
As used in this part:
(a)
(b)
Federal Indian school facilities may be used for community activities and for adult education activities upon approval by the superintendent or officer in charge.
Indian and non-Indian children who are not eligible for enrollment in Bureau-operated schools under § 31.1 may be enrolled in such schools under the following conditions:
(a) In boarding schools upon payment of tuition fees, which shall not exceed the per capita cost of maintenance in the school attended, when their presence will not exclude Indian pupils eligible under § 31.1.
(b) In day schools in areas where there are no other adequate free school
Compulsory school attendance of Indian children is provided for by law.
For penalties for the failure of Indians to send children to school and for contributing to the delinquency of minors, see § 11.424 of this chapter.
There shall be no coercion of children in the matter of transfers from one school to another, but voluntary enrollment should be effected through maintenance of Federal Indian schools or programs which suit the needs and interests of the areas in which they are located.
The Secretary or his authorized representative may authorize officials and employees of the Bureau of Indian Affairs to accept and to disburse deposits of funds of students and student activity associations in schools operated by the Bureau in accordance with the purposes of such deposits. The following steps shall be taken to safeguard these funds:
(a) A written plan of operation shall be developed by the membership of each student activity group. The plan of operation subject to the approval of authorized officials shall outline procedures and provide for a system of accounting for the student funds commensurate with the age and grade level of the students yet adequate for financial control purposes and shall stipulate the maximum operating capital of activity.
(b) Appropriate safekeeping facilities shall be provided for all student personal and group funds and for the accounting or bookkeeping records.
(c) Employees handling student funds in cumulative amounts in excess of $100 shall be covered by a comprehensive fidelity bond the penal sum of which shall be appropriately related to fund amounts handled.
(d) Student funds accumulated in excess of the amount authorized for operating purposes by the plan of operation shall be deposited in federally insured depositories.
(e) Periodic administrative inspections and financial audit of student fund operations shall be conducted by authorized Bureau personnel.
Secs. 1130 and 1133 of Title XI of the Education Amendments of 1978 (92 Stat. 2143, 2321 and 2325, Pub. L. 95-561; 25 U.S.C. 2010 and 2013).
44 FR 58098, Oct. 9, 1979, unless otherwise noted. Redesignated at 47 FR 13327, Mar. 30, 1982.
The purpose of this part is to state the policies to be followed by all schools and education programs under the jurisdiction of the Bureau of Indian Affairs. Contract schools operated by Indian Tribes or Alaska Native entities may develop their independent policies, consistent with contractual obligations, or adhere to these. The adherence to the appropriate policies shall reflect the best interests of the student, the Federal government, the Tribes and Alaska Native entities, and shall be based on educationally sound judgment.
As used in this part, the term:
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(j)
(k)
(l)
(m)
(n)
(o)
(p)
(q)
(r)
Recognizing the special rights of Indian Tribes and Alaska Native entities and the unique government-to-government relationship of Indian Tribes and Alaska Native villages with the Federal Government as affirmed by the United States Constitution, U.S. Supreme Court decisions, treaties, Federal statutes, and Executive Orders, and as set out in the Congressional declaration in sections 2 and 3 of the Indian Self-Determination and Education Assistance Act (Pub. L. 93-638; 88 Stat. 2203; 25 U.S.C. 450 and 450a), it is the responsibility and goal of the Federal government to provide comprehensive education programs and services for Indians and Alaska Natives. As acknowledged in section 5 of the Indian Child Welfare Act of 1978 (Pub. L. 95-608; 92 Stat. 3069; 25 U.S.C. 1901), in the Federal Government's protection and preservation of Indian Tribes and Alaska Native villages and their resources, there is no resource more vital to such Tribes and villages than their young people and the Federal Government has a direct interest, as trustee, in protecting Indian and Alaska Native children, including their education. The mission of the Bureau of Indian Affairs, Office of Indian Education Programs, is to provide quality education opportunities from early childhood through life in accordance with the Tribes' needs for cultural and economic well-being in keeping with the wide diversity of Indian Tribes and Alaska Native villages as distinct cultural and governmental entities. The Bureau shall manifest consideration of the whole person, taking into account the spiritual, mental, physical and cultural aspects of the person within family and Tribal or Alaska Native village contexts.
In carrying out its Education mission, the Assistant Secretary for Indian Affairs through the Director shall:
(a)
(2) Be guided in policy formulation and funding priorities, including the proposing and awarding of contracts and grants, by periodic and systematic consultation with governing bodies of Tribes and Alaska Native entities.
(3) Ensure that Indian Tribes and Alaska Native entities fully exercise self-determination and control in planning, priority-setting, development, management, operation, staffing and evaluation in all aspects of the education process.
(4) Ensure that each agency or local school board shall be authorized and empowered to function as the policy making body for the school, consistent with the authority granted by the tribes or Alaska Native entity(ies) served by the school(s).
(b)
(c)
(d)
(e)
(f)
(g)
(2) Encourage and defend the right of the Tribes and Alaska Native entities to govern their own internal affairs in all matters relating to education, and their right to determine the equitable and appropriate composition of governing boards at Bureau off-reservation and post-secondary schools.
(h)
(i)
(j)
(k)
(2) Assume an assertive role in coordinating comprehensive support for Indian and Alaska Native students internally and from other agencies in education, mental and physical health, juvenile justice, job training, including apprenticeship programs and other related Federal, State and local programs and services.
(3) Serve as an advocate and carry out responsibilities for Indian and Alaska Native students in public and other non-Bureau operated schools consistent with the wishes of the appropriate Indian Tribes and Alaska Native entities, particularly in regard to Impact Aid (Pub. L. 81-874), Johnson-O'Malley, and all Elementary and Secondary Education Act programs.
(l)
(m)
(n)
(o)
(p)
(q)
(2) Implement rules, regulations, procedures, practices, and standards to insure flexibility in the exercise of local Tribal or Alaska Native village options, and provide for input in periodic reviews, evaluations, and revisions to meet changing needs and circumstances.
(r)
(2) Extend to Tribes and Alaska Native entities the prerogative of determining those critical professions and fields of study in post-secondary education which are of the highest priority to meet their economic and cultural goals.
(s)
(2) Maintain all school and residential facilities to meet appropriate Tribal, State or Federal safety, health and child care standards. If a conflict exists in these standards, the Federal standard shall be followed; in the absence of a Federal standard, the Tribal standard shall be followed. In case of conflict, any such Tribal health or safety standards shall be no greater than any otherwise applicable State standard.
(t)
(u)
(v)
(w)
(x)
(2) Provide and make available a computerized management information system which will provide statistical information such as, but not limited to, student enrollment, curriculum, staff, facilities, student assessments and related educational information.
(y)
(2) Assist and promote the establishment of Indian regional and/or national accrediting associations for all levels of Indian Education.
(z)
(aa)
The Director, Office Indian Education Programs will develop guidelines for evaluating all functional and programmatic responsibilities associated with title XI of the Education Amendments of 1978 (Pub. L. 95-561), and in the January 1, 1981 annual report, as provided in section 1136, of Pub. L. 95-561 include a statement of the specific program toward implementing these policies.
Sec. 1126, Pub. L. 95-561, Education Amendments of 1978 (92 Stat. 2143, 2391; 25 U.S.C. 2006).
44 FR 58103, Oct. 9, 1979, unless otherwise noted. Redesignated at 47 FR 13327, Mar. 30, 1982.
(a)
(b)
(c)
(d)
(e)
(f)
It is the policy of the Department of the Interior that:
(a) Indian control of Indian affairs in all matters relating to education shall be facilitated.
(b) Authority to perform education functions shall be delegated directly from the Assistant Secretary-Indian Affairs to the Director, Office of Indian Education Programs.
(c) Administrative authority shall be compatible with program authorities; and, both shall be delegated to the operating level to assure efficient and effective delivery of education services to Indian children, youth, and adults.
(d) The Director, Office of Indian Education Programs shall supervise the operation of Indian education program personnel at the Arena, Agency,
(e) Indian Education program functions to be performed at the Area office level shall include those dealing with higher education, Johnson-O'Malley aid to non-Bureau schools, off-reservation boarding schools, those education program operations serving tribes from more than one Agency except those at the three post-secondary institutions, on-reservation education functions located at an Agency where no educational personnel are assigned, education contract operations, and adult education.
The administrative and programmatic authorities of the Assistant Secretary—Indian Affairs pertaining to Indian education functions shall not be delegated to other than the Director, Office of Indian Education Programs. The Assistant Secretary shall publish delegations of authorites to the Director in the Bureau of Indian Affairs Manual after the effective date of these regulations.
The authorities of the Assistant Secretary—Indian Affairs as delegated to the Director, Office of Indian Education Programs may be redelegated by the Director to a Bureau of Indian Affairs Agency Superintendent for Education, to a Bureau Area Education Programs Director, or to a President of a Bureau of Indian Affairs post-secondary education institution.
A Bureau Area Education Programs Director shall perform those Bureau of Indian Affairs education functions related to Johnson-O'Malley aid to non-Bureau schools, higher education, Bureau peripheral dormitories, adult education, off-reservation residential schools, on-reservation functions located at an Agency where no education personnel are assigned, education contract operations, and those education program operations serving Tribes from more than one Agency, except those of the Bureau's post-secondary institutions.
A Bureau Agency Superintendent for Education shall perform those education functions related to elementary and secondary education, early childhood education, peripheral dormitories which have been supervised prior to Pub. L. 95-561, and exceptional education programs as defined in 25 CFR part 32. This section shall not be construed to remove higher education, adult education and/or Johnson-O'Malley programs currently administered at the Agency level. Further, the Director under the authority of § 33.4 will periodically review Area programs such as higher education, adult education, and Johnson-O'Malley for consideration to assign to Agency level administration.
(a) The Assistant Secretary—Indian Affairs shall:
(1) Implement the transfer for Indian education functions from the jurisdiction of Agency Superintendents and Area Office Directors to the Director, Office of Indian Education Programs.
(2) Modify existing descriptions of positions for Area Office Directors, Agency Superintendents, and all other personnel directly and substantially involved with the provisions of education services by the Bureau of Indian Affairs.
(b) The Director, Office of Indian Education Programs shall:
(1) For Area, Agency, and Bureau of Indian Affairs postsecondary institutional personnel:
(i) Properly list the duties of each employee required to perform functions redelegated by the Director;
(ii) Define the responsibilities for monitoring and evaluating education programs; and
(iii) Exercise supervision of these employees.
(2) Define responsibilities for employees providing technical and coordinating assistance for support services
The Assistant Secretary—Indian Affairs shall implement Bureau of Indian Affairs Area Office and Agency Office reorganizations required to structure these offices consistent with education program activities to be undertaken at those levels.
The Director, Office of Indian Education Programs shall prepare and promulgate procedures to govern the provision of support services by the Bureau of Indian Affairs for the education function. These procedures shall be consistent with existing laws, regulations, Executive Orders, and Departmental policies governing administrative support services. These provisions shall be prepared in consultation with those personnel within the Bureau of Indian Affairs who are responsible to the Commissioner of Indian Affairs for providing support services.
The Assistant Secretary—Indian Affairs, directly or through the Commissioner of Indian Affairs, shall issue procedures in the Bureau of Indian Affairs Manual governing the provision of support services to the Bureau's Education Office function.
Section 502, 25 U.S.C. 2001; section 5101, 25 U.S.C. 2001; Section 1101, 25 U.S.C. 2002; 5 U.S.C. 301; 25 U.S.C. 2 and 9; 25 U.S.C. 2901, Title I of P.L. 101-477.
50 FR 36816, Sept. 9, 1985, unless otherwise noted.
(a) The purpose of this rule is to establish minimum academic standards for the basic education of Indian children for Bureau-operated schools and for those Indian-controlled contract schools which adopt these standards and to establish national criteria for dormitory situations for schools operated by the Bureau of Indian Affairs and for Indian-controlled contract schools operating dormitories.
(b) The information collection requirement contained in § 36.61(a) has been approved by the Office of Management and Budget under 44 U.S.C. 3507 and assigned clearance number 1076-0092. The information is being collected to evaluate waiver request(s) from tribal government(s) and school board(s). The information will be used to ascertain the approval of academic waiver request. The obligation to respond is mandatory under 25 U.S.C. 2001. The information collection requirements contained in §§ 36.71(g), 36.74(f), and 36.76(b) of this rule are not required to be approved by the Office of Management and Budget since less than ten persons or tribes are affected by the information collection requirement of this rule. However, when ten or more persons or tribes become affected by this requirement, the Bureau will submit an approval request.
The national criteria for dormitory situations established under subpart H will serve as a minimum requirement and shall be mandatory for all Bureau-operated and Indian-controlled contract schools.
For purposes of this part, the following definitions apply:
(a) Each school shall develop a written mission statement and philosophy of education that addresses the accumulation of knowledge and development of skills, interests, appreciations, ideals, and attitudes within the school's total educational program. A statement of expected outcomes shall outline what the school is attempting to do to meet the needs and interests of its students and community in accordance with the school's mission statement and philosophy.
(b) The statement of philosophy and goals shall be developed with the involvement of students, parents, lay citizens, school staff, and tribe(s) and shall be formally adopted by the local school board.
(c) The philosophy and goals shall be reviewed annually and revised as necessary by each school.
(d) A copy of the philosophy and goals shall be submitted to the Agency Superintendent for Education or Area Education Programs Administrator, as appropriate.
(e) Informational provisions shall be developed in the form of a manual, handbook, brochure, or other written document(s) of the minimum academic standards of the school's programs and the basic rules and procedures of the school. The staff, students, and parents shall receive the written document or documents and have same explained to all who request explanation. The topics covered in the document(s) shall include but not be limited to the following:
(1) Statement of philosophy and goals;
(2) Description of how policies are developed and administered;
(3) A brief explanation of curricular offerings;
(4) A copy of student rights handbook;
(5) Basic practices related to:
(i) Grading system;
(ii) Graduation requirements, if applicable;
(iii) Attendance policies;
(iv) Special programs at the school; and
(v) Student activities available for students.
(a)
(1) The overall school ratio of regular program students to regular program teachers in self-contained classrooms shall not exceed the following except
(2) Multi-grade classrooms that cross grade-level boundaries (e.g., K-1, 3-4, etc.) shall use the maximum of the lower grade. In grades K-8, grades shall be consolidated to meet the teacher ratios listed above.
(3) The daily teaching load per teacher in departmentalized classes shall not exceed 150 students (ADM) except in activity type classes such as music and physical education.
(4) Schools exceeding these specific staffing ratios for over 30 consecutive days during one school year shall submit a justification for a request for a waiver to the Director, through the Agency Superintendent for Education or Area Education Programs Administrator, as appropriate, which may be approved for a period not to exceed one school year and for the following reasons:
(i) Additional classroom space is not available for establishing another class; or
(ii) The school, Agency, Area and Office of Indian Education Programs Applicant Supply File has been exhausted and the required teacher position cannot be filled. However, efforts to fill the vacancy shall be continued.
(5) Each school shall provide, in the absence of a regular teacher, a certified substitute teacher who meets the State substitute teacher qualifications. In the event that such a substitute is not available, coverage will be provided by a school employee designated by the school supervisor. A class cannot have as a teacher an employee without teaching credentials for more than 20 school days during any one school year.
(b)
(c)
The policy and procedures of each school and its curricula shall be developed and revised based on an assessment of educational needs. This needs assessment shall be conducted at least every seven (7) years at the same frequency as required in § 36.50, School Program Evaluation. This assessment shall include at least the following:
(a) A clear statement of student educational goals and objectives. A student educational goal is defined as a statement of the knowledge, skills, attitudes, or concepts students are expected to exhibit upon completion of a grade level. Student educational objectives are defined as statements of more specific knowledge, skills, attitudes, or concepts students must exhibit in order to achieve the goal.
(b) The collection of appropriate data from which valid determinations, judgments, and decisions can be made with respect to the status of the educational program, e.g.,
(1) Perceptions of the parents, tribes, educators, and the students with regard to the relevance and importance of the goals.
(2) The extent to which educational goals and objectives have been achieved.
(3) The data developed as a result of the evaluation outlined in § 36.50 School Program Evaluation.
(c) A statement of educational needs which identifies the difference between the current status of students and the desired goals for the students.
(d) A plan of action to remediate assessed needs.
(a) Each school shall implement an organized program of curriculum development involving certified and non-certified staff and shall provide the opportunity for involvement by members of the local community.
(b) Curriculum development program activities shall be based on an analysis of school programs and shall be related to needs assessment and evaluation.
(c) Each school shall involve staff and provide the opportunity for involvement by the tribal community in planning programs, objectives, and activities which meet student/teacher needs.
(a) If an emergency arises from an uncontrollable circumstance during the school day which results in the dismissal of students by the school administration, the day may be counted as a school day provided that three-fourths of the instructional hours are met.
(b) The educational program shall include multi-culture and multi-ethnic dimensions designed to enable students to function effectively in a pluralistic society.
(1) The school's language arts program shall assess the English and native language abilities of its students and provide instruction that teaches and/or maintains both the English and the primary native language of the school population. Programs shall meet local tribal approval.
(2) The school program shall include aspects of the native culture in all curriculum areas. Content shall meet local tribal approval.
(3) The school program shall assess the learning styles of its students and provide instruction based upon that assessment. The method for assessing learning styles shall be determined at the local level.
(4) The school program shall provide for at least one field trip per child per year to broaden social and academic experiences.
(c) All intraschool programs (e.g., library, instructional labs, physical education, music, etc.) which are directly related to or affect student instruction shall provide services from the beginning of the school term through the final class period at the close of the school term.
(a) The curriculum for kindergarten shall provide children with experiences which emphasize language development, native language where necessary as determined by 25 CFR 39.11(g), and performance of the requirements in paragraph (b) of this section. Such programs shall assist children in developing positive feelings toward themselves and others.
(b) A kindergarten instructional program shall include but not be limited to:
(1) Language (observing, listening, speaking).
(2) Exploration of the environment (number, space and time relationships, natural science).
(3) Psychomotor and socialization development.
(4) Development of imaginative and creative tendencies.
(5) Health education inclusive of the requirements contained in the Act of May 20, 1886, 24 Stat. 69.
(a) The elementary instruction programs, grades one through six, shall include but need not be limited to:
(1) Language arts.
(2) Mathematics.
(3) Social studies.
(4) Sciences.
(5) Fine arts.
(6) Physical education.
(b) Each school shall integrate the following content areas into its curriculum:
(1) Career awareness,
(2) Environmental and safety education,
(3) Health education (includes requirements contained in 24 Stat. 69),
(4) Metric education, and
(5) Computer literacy.
(a) The instructional program shall reflect the school's philosophy and the needs of the students and the community. It shall be part of a progressive development that begins in the elementary program which precedes it and continues to the secondary program which follows.
(b) The curriculum shall include the following required instructional content areas at each grade level but need not be limited to:
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(c) The following content areas shall be integrated into the curriculum.
(1) Career exploration and orientation.
(2) Environmental and safety education.
(3) Metric education.
(4) Consumer economics (including personal finances).
(5) Health education (includes meeting the requirements contained in 24 Stat. 69).
(d) Languages other than English are encouraged to be offered as a content area beginning at junior high/middle school level.
(e) Student enrollment in any laboratory or vocational exploration class shall be consistent with applicable health and safety standards.
(a) The secondary instructional program shall reflect the philosophy of the student, tribe, community, and school, and an awareness of the changing world.
(b) The secondary instructional curriculum shall include the following content areas:
(1) Language arts (communication skills).
(2) Sciences.
(3) Mathematics.
(4) Social studies.
(5) Fine arts and practical arts.
(6) Physical education.
(7) Languages other than English.
(8) Driver education. (See guidelines available from the applicable State Department of Education.)
(9)
(i) Vocational exploration,
(ii) Vocational skill development, and
(iii) School/on-the-job cooperative education programs.
(c) The following shall be integrated into the curriculum:
(1) Consumer economics (including personal finances),
(2) Metric education,
(3) Safety education, and
(4) Health education. (In addition, the program shall meet the requirements contained in 24 Stat. 69.)
(d) The high school program shall provide program coordination with feeder schools, career direction, and preparation for the student entering independent living through employment, post-secondary education, and/or marriage.
(e) Yearly class schedules shall take into account the graduation requirements of each student.
(f) Student enrollment in any laboratory or vocational class shall be consistent with applicable health and safety standards.
(g) Schools are encouraged to provide alternative programs that lead to high school completion for secondary students who do not function successfully in the regular academic setting.
(a) Each school shall implement a uniform grading system which assesses a student's mastery of the prescribed objectives of the courses of study undertaken. The mastery of prescribed course objectives shall be the primary measure of academic attainment for reporting student grades on report cards.
(b) The information derived from student instructional evaluations shall be shared with the student and with the parents and shall be used to give teachers and students direction for subsequent learning activities.
(c) Parent/teacher and parent/teacher/student conferences focused on the student's instructional progress and development shall be held, where feasible and practical, to provide an additional means of communication between home and school. Residential schools may meet this standard by documenting the communication of student grades on report cards to parents.
(d) Each school shall issue a report card to parents of students who are under the age of eighteen (18) and to students eighteen (18) years of age and older on a regular basis, but not less than four (4) times yearly. The report card shall include, but not be limited to, the following sections:
(1) Recommendations and probable promotion status;
(2) Appropriate signatures and request for return of report cards; and
(3) Student attendance record.
(e) A summary of each year's final card shall become part of the student's permanent school record.
Each school shall establish and implement a promotion policy which shall be submitted to and approved by the local school board and Agency Superintendent for Education or Area Education Programs Administrator, as appropriate. The requirements shall include, but not be limited to, the following:
(a) Each grade level or equivalent shall have a minimum criteria for student promotion based primarily on measurable mastery of the instructional objectives.
(b) Criterion-referenced tests that evaluate student skills shall be utilized for measuring the mastery of instructional objectives. The evaluation results shall form the basis for the promotion of each student.
(c) A student who has not participated, either directly or through approved alternative instructional methods or programs, in a minimum of 160 instructional days per academic term or 80 instructional days per semester without a written excused absence shall not be promoted. A school board or a school committee may review a promotion decision and, if warranted due to compelling and/or extenuating circumstances, rescind in writing such action on a case-by-case basis. Alternative instructional methods shall be submitted in writing for approval by the Agency Superintendent for Education or Area Education Programs Administrator, as appropriate.
Graduation requirements contained under this section shall be applied beginning with the graduating class of the 1987-88 school year.
(a) Satisfactory completion of a minimum number of units shall be the measure for the issuance of a high school diploma.
(b) To graduate, a student shall earn 20 units in a four year high school program unless the state in which the school is located exceeds these requirements, in which case the state's requirements shall apply; fifteen (15) units shall be required as follows:
(1) Language arts—four (4) units.
(2) Mathematics—three (3) units.
(3) Social studies—three (3) units.
(i) One (1) unit in United States history;
(ii) One-half (
(iii) One-half (
(iv) One-half (
(v) One-half (
(4) Science—two (2) units.
(i) One (1) unit in the general science area.
(ii) One (1) unit in laboratory science areas, i.e., chemistry, physics, biology, zoology, laboratory anatomy.
(5) Physical education—one (1) unit.
(6) Practical arts—one (1) unit. Credit in any vocational course may also be used to satisfy this required unit.
(7) Fine arts—one (1) unit. Music, art, dance, drama, theatre, and other fine arts courses may be used to satisfy this required unit. These are minimum requirements; local schools may establish academic or vocational requirements beyond those prescribed by these standards.
(c) A school with an average enrollment of fewer than 75 students may offer subjects in alternate years. If schools use this pattern, alternating pairs of subjects shall be listed and approved by the Agency Superintendent for Education or Area Education Programs Administrator, as appropriate.
(d) Credits earned through approved correspondence or extension study may be accepted if such credits are from schools approved or accredited by the state in which they are located or by a college or university which is regionally accredited for such purposes.
(e) Students who successfully complete the requirements of the High School Proficiency Examination in the State in which the school is located shall receive an endorsement so stating on their diplomas.
(a) Each school shall provide a library/media program which shall, as a minimum, meet the applicable state and/or regional standards, but shall not be limited to these, and shall include the following:
(1) A written set of instructional and service objectives shall be established that is integrated and consistent with the school's educational goals and philosophy. The librarian or educational media specialist, with students and staff, shall set objectives based on assessed academic and residential needs. The program and services will be evaluated yearly by the principal and the librarian or educational media specialist to determine the degree to which all objectives have been met.
(2) A written policy for the selection of materials and equipment shall be developed by a library committee in collaboration with the librarian and be approved by the school board. The collection of materials shall include as a minimum the following:
(i) A collection of books suitable for the range of student abilities and interests being served in the following ADM ratios.
(A) Elementary K-6, 15 books per student
(B) Middle 7-8, 12 books per student
(C) Secondary 9-12, 10 books per student
(ii) Eight (8) to 12 percent of the basic collection must be composed of reference books, currently relevant and in a state of good physical condition, for practical use. Single copies of the principal textbooks used to complement instruction shall be in the collection, but textbooks cannot be counted toward this standard.
(iii) A periodical collection, suitable for the range of student abilities and interests being served, consisting of one (1) periodical for every ten (10) students, shall be maintained. Schools of over 200 will have a base collection of 20 periodicals.
(iv) A professional collection for the school staff shall be developed and maintained by the librarian in cooperation with a faculty committee.
(v) A variety of audio-visual materials, suitable for the range of instruction being provided, of at least 750 items or five (5) items for each student, whichever is larger, and inclusive of materials located in the classrooms shall be maintained. This category includes some of each of the following: Tactile objects, globes, models, maps, films, film-strips, microforms, slides, audio and video tapes, recordings, transparencies and graphics, and the equipment to use all of these. Multiple items within a specific set of materials will be counted as separate items.
(3) There shall be a library media center serviced by a librarian. Schools with fewer than 200 students are encouraged, wherever feasible, to cooperate in sharing librarian resources. Schools within an Agency and/or Area may cooperatively share the costs and services of a librarian who shall facilitate sharing of the combined available resources among the cooperating schools in accordance with the following ratios:
(4) All libraries must conduct an annual inventory of available books, materials, and equipment in accordance with the acquisitions and selection policies.
(a) Each school shall establish a textbook review committee composed of teachers, parents, and students, and school board members. Appointment to the textbook review committee shall be subject to school board approval.
(b) The textbook review committee shall establish a procedure and criteria for the annual review of textbooks and other materials used to complement instruction. The criteria shall include, but not be limited to, the following:
(1) The textbook content shall meet the course objectives which are within the adopted school curriculum.
(2) The textbooks shall, as much as possible, reflect cultures accurately.
(3) The textbooks shall be current, in good physical condition, and varied in reading levels.
(c) Each school shall equitably distribute instructional materials to all classrooms. Each school shall inventory all property and equipment annually prior to requisitioning additional materials. Copies of the inventory shall be kept on file by the school staff.
Each school shall offer student counseling services concerned with physical, social, emotional, intellectual, and vocational growth for each individual. Counseling services shall be included in a school-wide assessment program.
(a) Each Agency and Area, as appropriate, shall institute and supervise an assessment program for its schools in order to provide for the objective assessment of student academic performance. Required formal tests shall be administered annually to all regular program students in grades 4, 8, and 12. (The testing of special education and gifted/talented students shall be in accordance with respective regulations.) If required by state certification standards, schools may use the state mandated academic achievement tests and accompanying requirements. These formal tests and their subtest contents, as well as the test-related procedures, shall include, but not be limited to, the following:
(1) Each Spring, schools shall conduct testing for grades 4, 8, and 12 using a current version of a standardized academic achievement test based upon the national assessment standards designed to assess higher order thinking skills. All schools shall keep a current record, with the Office of Indian Education Programs, of the test the school administers each Spring and the testing dates.
(2) Schools shall use some form of performance-based or authentic assessment in addition to standardized achievement testing.
(3) Each school shall report the summative results of its assessment program to its respective Agency or
(4) Parents/guardians shall be informed of their children's assessment results and provided with an explanation and interpretation to ensure adequate understanding of the results.
(5) Each school's instructional program shall establish an ongoing student academic assessment program to ensure that defined assessment procedures are in place. The program shall include regular training in basic assessment procedures and routines for all teachers and other staff involved in student assessment.
(6) Each Agency and Area, as appropriate, shall report the results of each school's formal Spring tests to the Office of Indian Education Programs by August 1 of each year. Summative information from performance-based and authentic assessments shall be reported at the same time.
(b) Each counseling program shall provide the following:
(1) Each school having a minimum school ADM of 200 students shall make provisions for the full-time professional services of a counselor, and each school enrolling fewer than 200 students shall make provisions for a part-time professional counselor.
(2) The counselors shall be familiar with the unique tribal, social, and economic characteristics of students.
(3) The counseling program shall contain the following:
(i) A written referral procedure;
(ii) Counseling techniques and documentation procedures to provide for the career, academic, social, and personal needs of the students which are based on the cultural beliefs and values of the students being served;
(iii) Preventative and crisis counseling on both individual and group bases;
(iv) Confidentiality and security of counseling records for each student; and
(v) Design and implementation of orientation programs to facilitate the pupil's transition from elementary to junior high/middle school and from junior high/middle school to high school.
(vi) Each junior or middle school and high school student shall receive academic counseling a minimum of twice yearly during which time the counselor shall assist the student in developing a written academic and career plan based on ability, aptitude, and interests. Additionally, counselors will assist high school students in selecting courses which satisfy the school's and the state's graduation requirements and the student's academic and career plan. Further, seniors will be given aid in completing registration and/or financial assistance applications for either vocational or academic post-secondary institutions.
(vii) Each high school counseling program shall be required to have on file for each student a planned academic program of studies which is available from the regular course offerings of the school to meet the student's career objectives and which will show that the student has received counseling.
All schools shall provide and maintain a well-balanced student activities program based on assessment of both student and program needs. Each activity program shall help develop leadership abilities and provide opportunities for student participation but not be limited to activities that include special interest clubs, physical activities, student government, and cultural affairs. The activity program shall be an integral part of the overall educational program.
(a) All student activities shall be required to have qualified sponsors and be approved by the school supervisor, and the school board shall approve the overall activity plan. A qualified sponsor is a professional staff member of the school that is given responsibility to provide guidance or supervision for student activities.
(b) A plan of student activity operations shall be submitted, by each activity at the beginning of each school year, to the school supervisor. The plan will include the purpose, structure, coordination, and planned types of fund-raising activities.
(c) School may participate in interscholastic sports and activities on an
(d) Until comparable competitive opportunities are provided to all students, regardless of sex, no student shall be barred from participation in interscholastic competition in noncontact sports except on the basis of individual merit.
(e) Residential schools shall plan and provide an intramural program for all students. The program shall include a variety of scholastic and sport activities.
(f) Students shall be involved only in activities which are sanctioned by the school.
(g) All student activities involved only in fund raising are required to establish a school/student activity bank account following school/student banking procedures outlined under 25 CFR 31.7. All student activity accounts shall be audited annually.
(h) The school shall provide for the safety and welfare of students participating in school-sponsored activities.
(i) Each sponsor of a student activity will be given orientation and training covering the responsibilities of a sponsor by the school supervisor.
Each school shall complete a formal, formative evaluation at least once every seven (7) years beginning no later than the second complete school year following the effective date of this part. Schools shall follow state and/or regional accreditation, or accreditation requirements equal to the state in which a school is located. Each school shall follow the prescribed evaluation cycle. The primary purpose of this evaluation will be to determine the effects and quality of school programs and to improve the operations and services of the school programs.
(a) Each school's evaluation design or model will provide objective and quantitative analysis of each area to be evaluated. The analysis shall include product and process evaluation methods. The areas to be reviewed will include, but not be limited to, the following:
(1) School philosophy and objectives.
(2) Administrative and organizational requirements.
(3) Program planning and implementation.
(4) Curriculum development and instruction.
(5) Primary education.
(6) Program of studies for elementary, junior high/middle, and high schools.
(7) Grading requirements.
(8) Promotion requirements.
(9) High school graduation requirements.
(10) Library/media.
(11) Textbooks and other instructional materials.
(12) Counseling services.
(13) Medical and health services.
(14) Student activities.
(15) Transportation services.
(16) Staff certification and performance.
(17) Facilities (school plant).
(18) Parent and community concerns.
(19) School procedures and policies.
(20) School board operations.
(b) The Director, within six (6) months from the effective date of this part, shall distribute to each school, Agency or Area, as appropriate, a standardized needs assessment and evaluation instrument with guidelines for developing and applying a locally appropriate evaluation model for carrying out the requirements of this standard.
(a) The Office of Indian Education Programs shall monitor and evaluate the conformance of each Agency or Area, as appropriate, and its schools with the requirements of this part. In addition, it shall annually conduct onsite monitoring at one-third of the Agencies and Areas, thereby monitoring onsite each Agency and/or Area
(b) Each Agency or Area, as appropriate, in conjunction with its school board shall monitor and evaluate the conformance of its school with the requirements of this part through an annual onsite evaluation involving one-third of the schools annually, thereby monitoring onsite each school at least once every three (3) years. Within 30 days of the onsite visit, the Agency Superintendent for Education or Area Education Programs Administrator, as appropriate, shall issue to the local school supervisor and local school board a written report summarizing the findings and ordering, as necessary, required actions to correct noted deficiencies.
(c) Schools, Agencies, and Areas shall keep such records and submit to the responsible official or designee accurate reports at such times, in such form, and containing such information as determined by that official to be necessary to ascertain conformance with the requirements of this part.
(d) Schools, Agencies, and Areas shall permit access for examination purposes by the responsible official, or any duly authorized designee, to any school records and other sources of information which are related or pertinent to the requirements of this part.
(e) The Office of Indian Education Programs, Agency Superintendent for Education, or Area Education Programs Administrator, as appropriate, shall annually conduct a summative evaluation to assess the degree to which each Bureau educational policy and administrative procedure assists or hinders schools in complying with the requirements of this part. This will include, but not be limited to, the following actions:
(1) Evaluate current policies and practices not related to this part and the effects thereof on the amount of time and resources required which otherwise would be available for these standards;
(2) Modify any policies and practices which interfere with or compromise a school's capability to achieve and maintain these standards;
(3) Invite non-Federal agencies to evaluate the effects current policies and procedures have had on complying with the requirements of this part; and
(4) Submit annually to the Director a copy of the summative evaluation.
50 FR 36816, Sept. 9, 1985, unless otherwise noted. Redesignated at 70 FR 21951, Apr. 28, 2005.
This subpart contains the criteria and mandatory requirements for all dormitories. The individual employee responsibilities, based on the terminology used to designate specific employee positions and their assigned responsibilities, may vary depending upon whether the dormitory is a direct Bureau operation or contract operation.
(a) The Homeliving Specialist is the administrative head of the dormitory who shall have sufficient autonomy and authority to ensure the successful functioning of all phases of the dormitory program, and, in dormitories attached to a school, shall report to the school supervisor.
(b) In situations where a Bureau-funded dormitory is maintained, operated, and administered separately from the academic program, this dormitory will ensure access to or provide a guidance program equal to the standards as those under § 36.42 of this part.
(c) Students who qualify for residential services under the Exceptional Child Program must have, in their individualized education plan, objectives that are to be met in the homeliving program. Documentation to support completion of these objectives is required.
(d) Dormitories with intense residential guidance programs shall have updated written descriptions of the programs with stated purposes, objectives, activities, staffing, and evaluation system. Each student diagnosed as being in need of intense guidance services shall have a file which contains the following:
(1) Documentation of eligibility according to the definition contained under 25 CFR 39.11(h);
(2) Documentation of a diagnosis of the student's needs;
(3) A placement decision signed by a minimum of three (3) staff members;
(4) An individualized treatment plan which includes:
(i) Referral date and referral sources;
(ii) Diagnosis identifying specific needs;
(iii) Specific goals and objectives to be met;
(iv) Record of specific services including beginning and ending dates;
(v) Designation of responsible staff person(s); and
(vi) A means by which the student's progress and the effectiveness of the individualized treatment plan can be periodically reviewed and reevaluated.
(e) Each dormitory program that does not have an academic program under subpart C shall make available career counseling information on educational and occupational opportunities and help students assess their aptitudes and interests. This shall be done on a continuing basis, beginning at the elementary level.
(f) Counseling services shall be made available for students during non-academic hours.
(g) Provisions shall be made to interpret to staff, students, and parents the administrative policies and practices of the dormitory. This provision shall be made in the form of a manual, handbook, brochure, or other written document that will be made available and explained to all who are interested. The topics shall include, but not be limited to, the following:
(1) Statement of philosophy and goals;
(2) Description of how policies are developed and administered; and
(3) A copy of the student rights handbook.
(h) Program will be designed and orientation programs implemented to facilitate the pupils' transition from elementary to middle school and from middle to high school, where appropriate.
(i) All dormitories shall provide and maintain a well-balanced student activities program based on assessment of both student and program needs. Programs shall provide opportunities for student participation in, but not limited to, activities that include special interest clubs, physical activities, student government, and cultural affairs. In addition, the following provisions shall be adhered to:
(1) Dormitories shall plan and provide for an intramural program that includes a variety of scholastic and sport activities.
(2) A plan of operation shall be submitted by each activity at the beginning of each school year to the school supervisor and approved by the school board. The plan shall include the purpose, structure, and coordination of all activities.
(3) All dormitories conducting fund-raising activities are required to established a school/student activity bank account following school/student banking procedures outlined under 25 CFR § 31.7. All accounts shall be audited annually.
(a) Each dormitory program shall provide or have access to the services of a qualified counselor who holds a valid counselor certificate and has training and experience in dealing with elementary students.
(b) Counselors may be assigned minimal or temporary school supervisory duties. A school supervisor shall not serve in the capacity of counselor while holding the position of school supervisor.
(c) The dormitory program shall have the following ratios (ADM) for counselors:
(d) Dormitory counselors' work hours shall be arranged to provide maximum availability of services to students when they are not in academic session.
(a) Each dormitory program shall provide or have access to the services of a qualified counselor who holds a valid counselor certificate and has training and experience dealing with secondary students.
(b) Counselors may be assigned minimal or temporary school supervisory duties. A school supervisor shall not serve in the capacity of a counselor while holding a position as a school supervisor.
(c) The dormitory program shall have the following ratios (ADM) for counselor:
(d) Counselors' work hours shall be arranged to provide maximum availability of service to students when they are not in academic session.
Staff shall be provided so that at least one adult is on duty at all times when students are in the dormitory. Each dormitory program shall include, but not be limited to, the following:
(a) Every dormitory facility shall be under the direct supervision of a dormitory manager. A building composed of separate wings or several floors shall be counted as one facility.
(b) Each dormitory operation shall provide the following minimum on-duty paraprofessional staff to student ratio (ADM):
(c) Group instruction and discussion session shall be held on various topics at least on a monthly basis, but preferably on a weekly basis. Topics to be presented may be determined by a committee comprised of students, staff, administrators, and parents. These topics shall include discussions of problems or needs that exist at the location and/or community.
(d) Each dormitory facility shall be cleaned daily when in operation to provide a safe and sanitary environment. Student assistance may be utilized; however, the responsibility for the cleanliness, safety, and sanitation of the facility shall rest with the dormitory administrator. Bed and bath linen shall be changed a minimum of once per week. Necessary toiletry items shall be made available to those
(e) Dormitory operations shall have access to clothes washers and dryers. Equipment shall be utilized only for students' clothing. In grades one through six, residential paraprofessionals shall be responsible for the upkeep of clothing. Students in grades seven through 12 shall be responsible for the upkeeping of their own clothing. In grades seven through 12, students shall be allowed to wash and dry their clothing after training is given in using the machines. Contracting for student clothing care may also be utilized under this part.
(f) A system of student accountability shall be established at each residential facility. Minimum requirements of the system shall include an attendance procedure at least four (4) times per normal waking day for grades one through eight and two (2) times for grades nine through 12. However, students in grades seven through 12 may be allowed to have a self check-in system provided that an employee reviews the roster within an hour of each designated check-in time. During sleeping hours, students in grades one through eight shall be checked on an hourly basis; students in grades nine through 12 shall be checked every two (2) hours. At the start of each school day, residential facilities supervisors shall report to the school office which students will not be in attendance. An intra-school pass system shall be developed and implemented.
(g) Students shall be permitted to be released from the dormitory overnight, on weekends, or during vacation periods only when prior written approval is granted by the parent or guardian and only if the local school board adopts a policy governing the conditions of release. Such policy must adhere to the concept that the dormitory/school is acting in
(h) Dormitory facilities shall have a designated room or rooms which shall be utilized as an isolation room(s) for student health care needs. Students isolated in such room(s) shall be checked on a minimum of an hourly basis.
(i) Each dormitory operation shall develop a written procedure for handling emergency situations. Such a procedure shall include names and telephone numbers of the responsible parties to contact in case of emergencies. Situations that shall be considered emergencies include life-threatening medical/health problems, power failures, walkaways, etc.
(j) A tutoring program shall be developed and implemented to assist those students having academic difficulties. Each dormitory operation shall provide a time and place where tutoring, homework, reading, and/or studying can be done for at least one hour daily.
(k) The responsible dormitory supervisor shall be accountable for reporting any hazardous or defective items in the dormitory to the appropriate supervisor and plant manager.
(l) Leisure-time activities shall be provided to dormitory students. These activities may include recreational activities, clubs, arts/crafts, and reading of newspapers and periodicals. Television viewing shall not be considered as structured leisure time unless a scheduled program provides educational benefit.
(m) Lines of communication shall be established with other local social service agencies to assist in the resolution of problems that may extend beyond the confines of the dormitory. These agencies may be State, tribal, or Federal.
(n) Dormitory personnel will receive training in emergency first aid procedures.
The configuration of sleeping space and other living areas will vary according to the grade levels of the occupants; however, sleeping rooms shall provide sufficient space and privacy for the resident students. The following space and privacy requirements shall be required for dormitories. A dormitory shall be considered at capacity when the addition of one more student would put the school out of compliance with the space standard; and additional students shall not be admitted for residential purposes.
(a) Dormitory facilities for grades one through eight shall have space footage averaging from 40 to 60 square
(b) Dormitories housing students who are in grades nine through 12 shall provide sleeping rooms with a per student square footage averaging from 50 to 70 square feet, exclusive of furniture (wardrobe, desks, beds, etc.).
(c) When new dormitories are constructed or existing dormitories are remodeled, sleeping rooms shall be constructed not to exceed a maximum of four students per room for grades one through 12.
(d) Each peripheral dormitory shall have a set of encyclopedias, one dictionary for every ten students (ADM), and ten other general reference materials such as an atlas or periodical subscription.
Implementation of the National Criteria for Dormitory Situations shall begin immediately on the effective date of this part. A dormitory is in compliance when it has met and satisfied all the requirements under subpart H.
(a) The education supervisor(s) or peripheral dormitory supervisor shall report to their supervisor(s) within 45 days after the start of each school term with a compliance report to the local school board that attests to whether a dormitory is in compliance or noncompliance; within 15 days, the compliance report shall be submitted to the Agency Superintendent for Education or Area Education Programs Administrator, as appropriate.
(b) The school supervisor or the peripheral dormitory supervisor shall notify in writing each parent or legal guardian of the dormitory noncompliance status within 60 days after the beginning of the school term.
(c) The compliance report shall contain the following:
(1) A written statement attesting to the fact that the dormitory has or has not met all of the requirements.
(2) A specific listing of the requirements that have not been met.
(3) A detailed action plan designed to correct deficiencies.
(4) A statement signed by the local school board attesting to the fact that it has been apprised of the school's compliance status and concurs or does not concur with the action plan to reach compliance.
(d) The Agency Superintendent for Education or the Area Education Programs Administrator, as appropriate, shall review each dormitory compliance report and shall provide the Director with a detailed report by November 15 each year which shall include:
(1) A list of dormitories indicating those not in compliance.
(2) A detailed statement as to why each school indicated is not in compliance and how it is proposed to reach compliance.
(3) A plan of action outlining what actions the Agency or Area education line officers, as appropriate, will take to assist the dormitories to reach compliance.
(e) In the event a dormitory is not in compliance for two consecutive years due to conditions which can be corrected locally, appropriate personnel actions shall be initiated at all appropriate levels of school/dormitory administration. Noncompliance may be grounds for dismissal.
(f) The Secretary shall submit to the appropriate committees of Congress at the time of the annual budget request a detailed plan to bring all Bureau and contract boarding schools up to the criteria established under section 1122 of Pub. L. 95-561, and 25 U.S.C. 2002. Such plan shall include, but not be limited to, predictions for the relative need for each boarding school in relation to the criteria established under this section and specific cost estimates for meeting such criteria at each school up to the level required by such criteria.
(a) The tribal governing body (tribe), or the local school board (LSB), if so designated by the tribe, shall have the local authority to waive or revise in part or in whole, the standard(s) established in this part if the standard(s) are determined to be inappropriate or if they fail to take into account specific needs of the tribe's children. This provision includes both tribal and Bureau-
(b) All revised standards shall be submitted to the Assistant Secretary in writing in accordance with the following procedure:
(1) Waivers and revisions shall be submitted by November 15 each school year to accompany the dormitory's annual standards compliance report.
(2) The section or part to be waived shall be specified, and the extent to which it is to be deviated from shall be described.
(3) A justification explaining why the alternative standard is determined necessary shall be included with the revised standard.
(4) Measurable objectives and the method of achieving the alternative standard along with the estimated cost of implementation shall be stated.
(c) The Assistant Secretary shall respond in writing within 45 days of receipt of the waiver or revision. The waiver shall be granted or the revision shall be accepted by the Assistant Secretary unless specifically rejected for good cause and in writing. The written rejection shall be sent to the affected tribe(s) and LSB. This rejection shall be final. The waiver is granted or revision is established automatically on the 46th day of receipt if no written response is provided by the Assistant Secretary.
(d) The Assistant Secretary shall assist the school board of an Indian-controlled contract school in the implementation of the standards established in this part if the school board requests that these standards, in part or in whole, be implemented. At the request of an Indian-controlled contract school board, the Assistant Secretary shall provide alternative or modified standards to those established in this part to take into account the needs of the Indian children and Indian-controlled contract school.
Public Law 107-110, 115 Stat. 1425.
70 FR 22204, Apr. 28, 2005, unless otherwise noted.
(a) This part:
(1) Establishes procedures for confirming, establishing, or revising attendance areas for each Bureau-funded school;
(2) Encourages consultation with and coordination between and among all agencies (school boards, tribes, and others) involved with a student's education; and
(3) Defines how tribes may develop policies regarding setting or revising
(b) The goals of the procedures in this part are to:
(1) Provide stability for schools;
(2) Assist schools to project and to track current and future student enrollment figures for planning their budget, transportation, and facilities construction needs;
(3) Adjust for geographic changes in enrollment, changes in school capacities, and improvement of day school opportunities; and
(4) Avoid overcrowding or stress on limited resources.
This part is divided into three subparts. Subpart A applies to all Bureau-funded schools. Subpart B applies only to day schools, on-reservation boarding schools, and peripheral dorms—in other words, to all Bureau-funded schools except off-reservation boarding schools. Subpart C applies only to off-reservation boarding schools (ORBS).
Notwithstanding any other provision of law, no person is required to respond to, nor shall any person be subject to a penalty for failure to comply with, a collection of information subject to the requirements of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501
The Tribal governing body or the Secretary determines geographic attendance areas.
A tribal governing body may:
(a) Establish and revise geographical attendance boundaries for all but ORB schools;
(b) Authorize ISEP-eligible students, residing within the tribe's jurisdiction, to receive transportation funding to attend schools outside the geographic attendance area in which the student lives; and
(c) Authorize tribal member students who are ISEP-eligible and are not residing within the tribe's jurisdiction to receive transportation funding to attend schools outside the student's geographic attendance area.
Yes. The Secretary must ensure that each school has a geographic attendance area boundary.
The currently established geographic attendance boundaries of day schools, on-reservation boarding schools, and peripheral dorms remain in place unless the tribal governing body revises them.
(a) If there is only one day school, on-reservation boarding school, or peripheral dorm within a reservation's boundaries, the Secretary will establish the reservation boundary as the geographic attendance boundary;
(b) When there is more than one day school, on-reservation boarding school, or peripheral dorm within a reservation boundary, the Tribe may choose to establish boundaries for each;
(c) If a Tribe does not establish boundaries under paragraph (b) of this section, the Secretary will do so.
(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
(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.
(a) The Tribal governing body establishes a process for developing proposed boundaries or boundary changes. This process may include consultation and coordination with all entities involved in student education.
(b) The Tribal governing body may delegate the development of proposed boundaries to the relevant school boards. The boundaries set by the school boards must be approved by the Tribal governing body.
(c) The Tribal governing body must send the proposed boundaries and a copy of its approval to the Secretary.
Geographic attendance boundaries for a new day school, on-reservation boarding school, or peripheral dorm must be established by either:
(a) The tribe; or
(b) If the tribe chooses not to establish boundaries, the Secretary.
Yes. An eligible student living off a reservation can attend a day school, on-reservation boarding school, or peripheral dorm.
The Secretary or the Secretary's designee, in consultation with the affected Tribes, establishes the boundaries for off-reservation boarding schools (ORBS).
Any student is eligible to attend an ORBS.
25 U.S.C. 2011 and 2015, Secs. 1131 and 1135 of the Act of November 1, 1978, 92 Stat. 2322 and 2327; Secs. 511 and 512, Pub. L. 98-511; Secs. 8 and 9, Pub. L. 99-89; Title V of Pub. L. 100-297; Pub. L. 105-337.
53 FR 37678, Sept. 27, 1988, unless otherwise noted.
(a)
(b)
(c)
(a) The information collection requirements contained in § 38.5 use Standard Form 171 for collection, and have been approved by OMB under 25 U.S.C. 2011 and 2015 and assigned approval number 3206-0012. The sponsoring agency for the Standard Form 171, is the Office of Personnel Management. The information is being collected to determine eligibility for employment. The information will be used to rate the qualifications of applicants for employment. Response is mandatory for employment.
(b) The information collection requirement for § 38.14, Voluntary Services has been approved by the Office of Management and Budget under 44 U.S.C. 3501
As used in this part, the term:
(a) Are performed on a school term basis principally in a Bureau elementary and secondary school which involve:
(1) Classroom or other instruction or the supervision or direction of classroom or other instruction;
(2) Any activity (other than teaching) that requires academic credits in educational theory and practice equal to the academic credits in educational theory and practice required for a bachelor's degree in education from an accredited institution of higher education; or
(3) Any activity in or related to the field of education notwithstanding that academic credits in educational theory and practice are not a formal requirement for the conduct of such activity; or
(4) Support services at or associated with the site of the school; or
(b) Are performed at the Agency level of the Bureau and involve the implementation of education-related Bureau programs. The position of Agency Superintendent for Education is excluded.
(a) The Director shall establish the kinds of positions required to carry out the Bureau's education function. No position will be established or continued for which:
(1) Funds are not available; or
(2) There is not a clearly demonstrable need and intent for it to carry out an education function.
(b) Positions established for regular school operations will be restricted to school term or program duration. Particular care shall be taken to insure
(a)
(b)
(1) School boards may waive formal education and State certification requirements for tribal members who are hired to teach tribal culture and language.
(2) Tribal members appointed under this waiver may not have their basic pay rate set higher than the rate paid to qualified educators in teaching positions at that school.
(c)
(d)
(a)
(b)
(c)
(d)
(i) Contract renewal incentive—one pay increment for each renewal, not to exceed four increments, unless the educator is covered by a negotiated labor union agreement.
(ii) Performance—employees whose performance is rated “above satisfactory”; one pay increment; employees whose performance is rated “outstanding”; two pay increments.
(2) Pay increments based on education may be awarded as outlined in 62 BIAM.
(e)
(1) The Director may authorize payment of a staffing differential not exceeding 25 per centum of the rate of basic compensation based on a formally-documented request by an ASE or AEPA. Such a staffing differential shall only be authorized in writing when the Director determines that:
(i) It is warranted by the geographic isolation of the work site or other unusually difficult environmental working or living conditions and/or,
(ii) It is necessary as a recruitment or retention incentive. This staffing differential is to be computed on the basic schedule rate before any other additions are computed.
(2) Special rates may be established for recruitment and retention applicable only to a specific position or to specific types of positions in specific locations based on a formally documented request by an ASE or AEPA and submitted to the Director for approval.
(f)
(1)
(2)
(3)
(i) Each educator may change such election once during the academic school term, provided notice is given two weeks prior to the end of the fifth month after the beginning of the academic school term.
(ii) An educator who elects a 12-month basis of prorated pay may further elect to be paid in one lump sum at the end of the academic school term for the then remaining amount of rate of basic pay otherwise due, provided notice is given four weeks prior to the end of the academic school term.
(iii) No educator shall suffer a loss of pay or benefits because of elections made under this section.
(4)
(i) The Director is authorized to establish a schedule of stipends for each Bureau Area, taking into consideration types of activities to be compensated and payments provided by public school districts in or near the Area.
(ii) The stipend shall be a supplement to the employee's base pay and is not a part of salary for retirement computation purposes.
(iii) The employee shall be paid the stipend in equal payments over the period of the extracurricular activity.
(a)
(b)
(c)
(d)
(e)
(f)
(1) The contract will be made only:
(i) After it is determined that an individual already meeting certification or experience requirements is not available; or
(ii) For conversion of a status quo employee who does not yet meet all established position requirements.
(2) Consultation with the appropriate school board is required prior to the contract.
(3) The contract may be of 12-month or school-term duration.
(4) The employee will be required to make satisfactory progress toward meeting full qualification requirements.
(5) If the employee fails to meet the requirements established under § 38.7(f)(4), the contract will be terminated. Such termination cannot be grieved or appealed.
(g)
(h)
(i) The length of the contract will not exceed 60 days, or the next regularly scheduled school board meeting, whichever comes first.
(ii) If the board meets and does not take action on the individual in question, the short-term contract may be extended for the duration of the school year.
(iii) It shall be the responsibility of the school supervisor to fully inform
(2) The local school board may authorize the school supervisor to make an emergency short-term contract to classroom, dormitory and other positions directly related to the health and safety of students. When this situation exists, short-term contracts may be made in accordance with the following:
(i) If local and agency lists of qualified applicants are exhausted, short-term contracts may be made without regard to qualifications for the position;
(ii) The pay level will be based on the qualifications of the individual employed rather than the requirements of the position, if the qualifications of the individual are lower than required;
(iii) The short-term contract may not exceed the school term and may not be renewed or extended;
(iv) Every 60 days the school supervisor will determine if qualified individuals have been placed on the local or agency lists. If a qualified individual on the list accepts employment, the school supervisor must terminate the emergency appointment at the time the qualified individual is appointed.
(i)
(j)
(k)
(l)
(1) If the school board disagrees with the school supervisor's or ASE's or AEPA's recommendations, the board will submit a formal, written certification of its determinations to the school supervisor or ASE or AEPA within 25 days. If the board's determinations are not received within the 25 days, the school supervisor or ASE or AEPA shall issue the 60 day notification of renewal or nonrenawal to the individual as required under § 38.8.
(2) When the school board submits its determination within the 25 days and determines that a contract will be renewed, or nonrenewed, the appropriate official shall issue the required renewal notice, or nonrenawal, or appeal the determination of the school board to the appropriate official who will make a determination in accordance with the appeal procedure is § 38.7(a) of this part. After the probationary period, if the determination is that the contract will not be renewed, the procedures specified in § 38.8 shall apply.
Where the determination is made that an employee's contract shall not be renewed for the following year, the following procedure will apply to those employees who have completed three full continuous school terms of service under consecutive contract appointments and satisfactory performance in the same or comparable education positions.
(a) The employee will be given a written notice of the action and the reasons thereof not less than 60 days before the end of the school term.
(b) The employee will be given 10 calendar days to request an informal hearing before the appropriate official or body. Upon request, the employee may be given official time, not to exceed eight hours, to prepare a written response to the reason(s).
(c) If so requested, an informal hearing shall be held within 30 calendar days of receipt of the request.
(d) The appropriate official or body will render a written determination within seven calendar days after the informal hearing.
(e) The employee has a right to request an administrative review by the ASE or AEPA of the determination within 10 calendar days of that determination. The ASE or AEPA then has 20 calendar days to render a final decision. Where the employee is the supervisor of the school or an agency education employee, any appeal of the ASE or AEPA would be addressed to the Director for a decision. If the Director or ASE's or AEPA's decision overturns the appropriate official or bodies determination, the appropriate official or body will be notified of the reasons in writing. Failure by the Director or ASE or AEPA to act within the 20 days will sustain the determination. This completes the administrative appeal process.
(f) Failure of any of the parties to meet the requirements of the above procedures will serve to negate the particular action sought by the negligent party.
(g) Those employees with less than three full continuous school terms of consecutive contract appointments are serving a probationary period. Nonrenewal of his/her contract will be considered a continuation of the examining process. This action cannot be appealed or grieved.
(h) Independent of the procedures outlined in this section, the school supervisor or ASE or AEPA, for applicable positions, shall be required to submit to the ASE or AEPA or appropriate higher authority all nonrenewal actions. Within 60 days, the ASE or AEPA shall review the nonrenewal actions and may overturn the determination of nonrenewal. In the event that the ASE or AEPA makes a decision to overturn the school board determination, the ASE or AEPA shall notify the school board in writing of his/her reasons for doing so.
(i) No more than the substantial standard of evidence shall be required to sustain the nonrenewal.
(j) A procedural error shall not be grounds for overturning a determination of nonrenewal unless the employee shows harmful error in the application of the Agency's procedures in arriving at such a decision. For purposes of this section, “harmful error” means error by the Agency in the application of its procedures which, in the absence or cure of the error, might have caused the Agency to reach a conclusion different than the one reached. The burden is upon the appellant to show that based upon the record as a whole, the error was harmful. i.e., caused substantial harm or prejudice to his/her rights.
(k) Nonrenewal of a contract is not discharge and will not follow the discharge procedures.
(a)
(b)
(c)
(d)
(1) The educator to be discharged shall receive a written notice of the proposal, specifying the causes or complaints upon which the proposal is based, not less than 30 calendar days before the discharge. However, this shall not prohibit the exclusion of the individual from the education facility in cases where exclusion is required for the safety of the students or the orderly operation of the facility.
(2) A reasonable time, but not less than 10 calendar days, will be allotted for the individual to make written and/or oral responses to the charge.
(3) An opportunity will be afforded the individual to review the material relied upon to support the charge.
(4) Official time, not to exceed eight hours, will be provided to the individual to prepare a response to the charge.
(5) The educator may elect to have a representative and shall furnish the identity of any representative to the ASE or AEPA. The ASE or AEPA may disallow, as an employee representative, any individual whose activities as a representative would cause a conflict of interest or position, or an employee whose release from his or her official position would give rise to unreasonable costs to the Government, or when priority work assignment precludes his or her release from official duties. The terms of any applicable collective bargaining agreement and 5 U.S.C. 7114(a)(5) shall govern representation of employees in an exclusive bargaining unit.
(6) The individual has a right to a final decision made by the appropriate level of supervision.
(7) The individual has a right to appeal the final decision and have the merits of the case reviewed by a Departmental official not previously involved in the case. This right includes entitlement to a hearing upon request under procedures in accordance with the requirements of due process under section 1131(e)(1)(B) of Pub. L. 95-561.
(e)
(2) The appropriate school board, under any uniform procedure as it may adopt, may issue a formal written certification to the school supervisor, ASE, or AEPA either approving or disapproving the discharge before the expiration of the notice period and before actual discharge. Failure to respond before the expiration of the notice period will have the effect of approving the discharge.
(3) The school supervisor initiating a discharge action may appeal the board's determination to the ASE or AEPA within 10 calendar days of receipt of the board's notice. The ASE or AEPA initiating a discharge may appeal the board's determination to the Director within 10 calendar days of receipt of the board's notice. Within 20 calendar days following the receipt of an appeal, the reviewing official may, for good cause, reverse the school board's determination by a notice in writing to the board. Failure to act within 20 calendar days shall have the effect of approving the board's determination.
(f)
(a)
(b)
(1) The working and hiring conditions for various tribal jurisdictions and Bureau locations;
(2) The need for all education personnel to adapt to local situations; and
(3) The requirement of all education personnel to comply with and support duly adopted school board policies, including those relating to tribal culture or language.
(c)
(d)
(e)
(f)
(g)
The length of the regular school term shall be at least 180 student instructional days, unless a waiver has been granted under the provisions of 25 CFR 36.61.
(a)
(1)
(i) The school-term employee will request the use of this leave in advance when it is for personal use or personal business (e.g., going to the bank, etc.). When this leave is requested for emergency purposes (e.g., death in immediate family), it will be requested immediately after the emergency is known, if possible, by the employee and before leave is taken or as soon as the supervisor reports to work on the official work day.
(ii) Final approval rests with the supervisor. This leave shall be taken only during the school term. No compensation for or carryover of unused leave is authorized.
(2)
(i) Sick leave shall accrue at the rate of four hours each biweekly pay period in pay status during the term of the contract; and no precredit or advance of sick leave is authorized.
(ii) Accumulated sick leave at the time of separation will be recredited to an educator who is reemployed within three years of separation.
(3)
(b)
(1)
(2)
(c)
(1)
(2)
(d)
(2) The part-time employee will request the use of this leave in writing in advance when it is for personal use or personal business (e.g., going to the bank, etc.). When this leave is requested for emergency purposes (e.g., death in immediate family), it will be requested immediately after the emergency is known, if possible, by the employee and before leave is taken or as soon as the supervisor reports to work on the official work day.
(3) Final approval rests with the supervisor. This leave shall be taken only during the school year. No compensation for or carryover of unused leave is authorized.
(4)
(i) Sick leave shall accrue at the rate of three hours each biweekly pay period in pay status for the first 21 pay periods of their contract; no precredit or advance for sick leave is authorized.
(ii) Accumulated sick leave at the time of separation will be recredited to an educator who is reemployed within three years of separation.
(5)
(i) All school vacation time for part-time employees will be approved at the convenience of the program and not as a right of the employee.
(ii) Vacation time cannot be paid for or carried over for a part-time employee if the employee is required to work during the school vacation time or if the program will not permit part-time employees to take such vacation time.
(e)
(1)
(2)
(3)
(4)
(f) Educators serving with contracts with work weeks of 20 hours a week or less are not eligible for any type of paid leave.
(g) For school term educators, no paid leave is earned nor may accumulated leave be used during any period of employment with the Bureau between school terms.
(h) Employees issued contracts for intermittent work are not eligible for any type of paid leave.
(i)
(a)
(b) If the tribe or school board waives the Indian preference law, the employee loses the early-out retirement eligibility under Pub. L. 96-135, “early-out for non-Indians,” if they are entitled to the early-out retirement. A memorandum for the record on BIA letterhead shall be signed by the employee and placed on the permanent side of his/her Official Personnel Folder, along with the tribal resolution, if the tribe/school board has waived the Indian preference law to employ the non-Indian.”
(c)
(1) Written determination by the school board should be received within a reasonable period, but not to exceed 30 days from receipt of the request. Failure of the school board to act within this period shall have the effect of disapproving the proposed conversion.
(2) With school board approval, an involuntary change in position shall not affect the current status of status quo education employees.
(a)
(b)
(c)
(d)
(1) Title 5 U.S.C. chapter 81, dealing with compensation for injuries sustained during the performance of work assignments.
(2) Federal tort claims provisions published in 28 U.S.C. chapter 171.
(3) Department of the Interior Regulations Governing Responsibilities and Conduct.
(e)
(f)
(a) The Southwestern Indian Polytechnic Institute has an independent personnel system established under Public Law 105-337, the Administrative Systems Act of 1998, 112 Stat. 3171. The details of this system are in the Indian Affairs Manual (IAM) at Part 20. This manual system may be found in Bureau of Indian Affairs Regional and Agency Offices, Education Line Offices, and the Central Office in Washington, DC.
(b) The personnel system is in the excepted service and addresses the areas of classification, staffing, pay, performance, discipline, and separation. Other areas of personnel such as leave, retirement, life insurance, health benefits, thrift savings, etc., remain under the jurisdiction of the Office of Personnel Management.
25 U.S.C. 13, 2008; Public Law 107-110, 115 Stat. 1425.
44 FR 61864, Oct. 26, 1979, unless otherwise noted. Redesignated at 47 FR 13327, Mar. 30, 1982.
70 FR 22205, Apr. 28, 2005, unless otherwise noted.
This part provides for the uniform direct funding of Bureau-operated and tribally operated day schools, boarding schools, and dormitories. This part applies to all schools, dormitories, and administrative units that are funded through the Indian School Equalization Program of the Bureau of Indian Affairs.
(1) Bureau school;
(2) A contract or grant school; or
(3) A school for which assistance is provided under the Tribally Controlled Schools Act of 1988.
(1) Is a member of, or is at least one-fourth degree Indian blood descendant
(2) Resides on or near a reservation or meets the criteria for attendance at a Bureau off-reservation home-living school; and
(3) Is enrolled in a Bureau-funded school.
(1) The child was born outside of the United States or the child's Native language is not English;
(2) The child comes from an environment where a language other than English is dominant; or
(3) The child is an American Indian or Alaska Native and comes from an environment where a language other than English has had a significant impact on the child's level of English language proficiency.
(1) The members of the local school board shall be appointed by the tribal governing bodies affected; and
(2) The Secretary shall determine number of members in consultation with the affected tribes.
(1) A member of the instructional program in the same boarding school in which the student is counted as a resident; or
(2) Enrolled in and a current member of a public school or another Bureau-funded school.
(1) Enrolled in and are current members of a public school or Bureau-funded school; or
(2) Members of the instructional program in the same boarding school in which they are counted as residents and:
(i) Are officially enrolled in the residential program of a Bureau-operated or -funded school; and
(ii) Are actually receiving supplemental services provided to all students who are provided room and board in a boarding school or a dormitory.
(1) Used to transport day students to and/or from home and the school; and
(2) Operated by an operator in the employ of, or under contract to, a Bureau-funded school, who is qualified to
(1) Specially designed instruction, at no cost to the parents, to meet the unique needs of a child with a disability, including:
(i) Instruction conducted in the classroom, in the home, in hospitals and institutions, and in other settings; and
(ii) Instruction in physical education.
(2) The term includes each of the following, if it meets the requirements of paragraph (1) of this definition:
(i) Speech-language pathology services, or any other related service, if the service is considered special education rather than a related service under State standards;
(1) Travel training; and
(2) Vocational education.
(1) To address the unique needs of the child that result from the child's disability; and
(2) To ensure access of the child to the general curriculum, so that he or she can meet the educational standards within the jurisdiction of the public agency that apply to all children
(1) For academic programs, the average daily membership of the 3 years before the current year of operation; and
(2) For the residential programs, the count period membership of the 3 years before the current year of operation.
(1) Develop an awareness of the environment in which they live; and
(2) Learn the skills necessary to move efficiently and safely from place to place within that environment (
(1) The measure of student membership adjusted by the weights or ratios used as factors in the Indian School Equalization Formula; and
(2) The factor used to adjust the weighted student count at any school as the result of other adjustments made under this part.
Notwithstanding any other provision of law, no person is required to respond to, nor shall any person be subject to a penalty for failure to comply with a collection of information, subject to the requirements of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501
70 FR 22205, Apr. 28, 2005, unless otherwise noted.
The Indian School Equalization Formula (ISEF) was established to allocate Indian School Equalization Program (ISEP) funds. OIEP applies ISEF to determine funding allocation for Bureau-funded schools as described in §§ 39.204 through 39.206.
No. ISEF does not attempt to assess the actual cost of school operations either at the local level or in the aggregate at the national level. ISEF provides a method of distribution of funds appropriated by Congress for all schools.
Academic base funding is the ADM times the weighted student unit.
To determine base funding, schools must use the factors shown in the following table. The school must apply the appropriate factor to each student for funding purposes.
(a) Each school must provide for students with disabilities by:
(1) Reserving 15 percent of academic base funding to support special education programs; and
(2) Providing resources through residential base funding to meet the needs of students with disabilities under the National Criteria for Home-Living Situations.
(b) A school may spend all or part of the 15 percent academic base funding reserved under paragraph (a)(1) of this section on school-wide programs to benefit all students (including those without disabilities) only if the school can document that it has met all needs of students with disabilities with such funds, and after having done so, there are unspent funds remaining from such funds.
(a) Schools may supplement the 15 percent base academic funding reserved under § 39.104 for special education with funds available under part B of the Individuals with Disabilities Education Act (IDEA). To obtain part B funds, the school must submit an application to OIEP. IDEA funds are available only if the school demonstrates that funds reserved under § 39.104(a) are inadequate to pay for services needed by all eligible ISEP students with disabilities.
(b) The Bureau will facilitate the delivery of IDEA part B funding by:
(1) Providing technical assistance to schools in completing the application for the funds; and
(2) Providing training to Bureau staff to improve the delivery of part B funds.
To receive ISEP special education funding, a student must be under 22 years old and must not have received a high school diploma or its equivalent on the first day of eligible attendance. The following minimum age requirements also apply:
(a) To be counted as a kindergarten student, a child must be at least 5 years old by December 31; and
(b) To be counted as a first grade student; a child must be at least 6 years old by December 31.
Yes, schools are allotted supplemental funds for special student and/or school costs. ISEF provides additional funds to schools through add-on weights (called special cost factors).
Yes, ISEF funds can be distributed for the provision of services for gifted and talented students.
The term gifted and talented means students, children, or youth who:
(a) Give evidence of high achievement capability in areas such as intellectual, creative, artistic, or leadership capacity, or in specific academic fields; and
(b) Need services or activities not ordinarily provided by the school in order to fully develop those capabilities.
There is no limit on the number of students that a school can classify as gifted and talented.
If a school identifies more than 13 percent of its student population as gifted and talented the Bureau will immediately audit the school's gifted and talented program to ensure that all identified students:
(a) Meet the gifted and talented requirement in the regulations; and
(b) Are receiving gifted and talented services.
To be funded as gifted and talented under this part, a student must be identified as gifted and talented in at least one of the following areas.
(a)
(b)
(c)
(d)
(e)
(a) Screening can be completed annually to identify potentially eligible students. A student may be nominated for gifted and talented designation using the criteria in § 39.114 by any of the following:
(1) A teacher or other school staff;
(2) Another student;
(3) A community member;
(4) A parent or legal guardian; or
(5) The student himself or herself.
(b) Students can be nominated based on information regarding the student's abilities from any of the following sources:
(1) Collections of work;
(2) Audio/visual tapes;
(3) School grades;
(4) Judgment of work by qualified individuals knowledgeable about the student's performances (
(5) Interviews or observations; or
(6) Information from other sources.
(c) The school must have written parental consent to collect documentation of gifts and talents under paragraph (b) of this section.
(a) To determine who receives gifted and talented funding, the school must use qualified professionals to perform a multi-disciplinary assessment. The assessment may include the examination of work samples or performance appropriate to the area under consideration. The school must have the parent or guardian's written permission to conduct individual assessments or evaluations. Assessments under this section must meet the following standards:
(1) The assessment must use assessment instruments specified in § 39.114 for each of the five criteria for which the student is nominated;
(2) If the assessment uses a multi-criteria evaluation, that evaluation must be an unbiased evaluation based on student needs and abilities;
(3) Indicators for visual and performing arts and leadership may be determined based on national, regional, or local criteria; and
(4) The assessment may use student portfolios.
(b) A multi-disciplinary team will review the assessment results to determine eligibility for gifted and talented services. The purpose of the team is to determine eligibility and placement to receive gifted and talented services.
(1) Team members may include nominator, classroom teacher, qualified professional who conducted the assessment, local experts as needed, and other appropriate personnel such as the principal and/or a counselor.
(2) A minimum of three team members is required to determine eligibility.
(3) The team will design a specific education plan to provide gifted and talented services related in the areas identified.
Gifted and talented services are provided through or under the supervision of highly qualified professional teachers. To provide gifted and talented services for a student, a school must take the steps in this section.
(a) The multi-disciplinary team formed under § 39.116(b) will sign a statement of agreement for placement of services based on documentation reviewed.
(b) The student's parent or guardian must give written permission for the student to participate.
(c) The school must develop a specific education plan that contains:
(1) The date of placement;
(2) The date services will begin;
(3) The criterion from § 39.114 for which the student is receiving services and the student's performance level;
(4) Measurable goals and objectives; and
(5) A list of staff responsible for each service that the school is providing.
For each student receiving gifted and talented services, the school must conduct a yearly evaluation of progress, file timely progress reports, and update the specific education plan.
(a) If a school identifies a student as gifted and talented based on § 39.114 (a), (b), or (c), then the student does not need to reapply for the gifted and talented program. However, the student must be reevaluated at least every 3 years through the 10th grade to verify eligibility for funding.
(b) If a school identifies a student as gifted and talented based on § 39.114 (d) or (e), the student must be reevaluated annually for the gifted and talented program.
A student must leave the gifted and talented program when either:
(a) The student has received all of the available services that can meet the student's needs;
(b) The student no longer meets the criteria that have qualified him or her for the program; or
(c) The parent or guardian removes the student from the program.
In providing services under this section, the school must:
(a) Provide a variety of programming services to meet the needs of the students;
(b) Provide the type and duration of services identified in the Individual Education Plan established for each student; and
(c) Maintain individual student files to provide documentation of process and services; and
(d) Maintain confidentiality of student records under the Family Educational Rights and Privacy Act (FERPA).
The WSU for a gifted and talented student is the base academic weight (see § 39.103) subtracted from 2.0. The following table shows the gifted and talented weights obtained using this procedure.
Yes, schools can use ISEF funds to implement Language Development programs that demonstrate the positive effects of Native language programs on students' academic success and English proficiency. Funds can be distributed to a total aggregate instructional weight of 0.13 for each eligible student.
A Language Development program is one that serves students who either:
(a) Are not proficient in spoken or written English;
(b) Are not proficient in any language;
(c) Are learning their Native language for the purpose of maintenance or language restoration and enhancement;
(d) Are being instructed in their Native language; or
(e) Are learning non-language subjects in their Native language.
A school may offer Language Development programs to students as part of its regular academic program. Language Development does not have to be offered as a stand-alone program.
Tribal governing bodies or local school boards decide how their funds for Language Development programs will be used in the instructional program to meet the needs of their students.
A student is identified as limited English proficient (LEP) by using a nationally recognized scientifically research-based test.
A school must provide services that assist each LEP student to:
(a) Become proficient in English and, to the extent possible, proficient in their Native language; and
(b) Meet the same challenging academic content and student academic achievement standards that all students are expected to meet under 20 U.S.C. 6311(b)(1).
Language Development programs are funded at 0.13 WSUs per student.
Yes, a school may operate a language development program without a specific appropriation from Congress, but any funds used for such a program must come from existing ISEP funds. When Congress specifically appropriates funds for Indian or Native languages, the factor to support the language development program will be no more than 0.25 WSU.
A school will receive a small school adjustment if either:
(a) Its average daily membership (ADM) is less than 100 students; or
(b) It serves lower grades and has a diploma-awarding high school component with an average instructional daily membership of less than 100 students.
(a) A school with a 3-year ADM of 50 or fewer students will receive an adjustment equivalent to an additional 12.5 base WSU; or
(b) A school with a 3-year ADM of 51 to 99 students will use the following formula to determine the number of WSU for its adjustment. With X being the ADM, the formula is as follows:
For purposes of this part, a small high school:
(a) Is accredited under 25 U.S.C. 2001(b);
(b) Is staffed with highly qualified teachers;
(c) Operates any combination of grades 9 through 12;
(d) Offers high school diplomas; and
(e) Has an ADM of fewer than 100 students.
(a) The small high school adjustment is a WSU adjustment given to a small high school that meets both of the following criteria:
(1) It has a 3-year average daily membership (ADM) of less than 100 students; and
(2) It operates as part of a school that during the 2003-04 school year also included lower grades.
(b) The following table shows the WSU adjustment given to small high schools. In the table, “X” stands for the ADM.
A school that meets the criteria in § 39.140 can receive both a small school adjustment and a small high school adjustment. The following table shows the total amount of adjustments for eligible schools by average daily membership (ADM) category.
In order to compensate for the additional costs of operating a small residential program, OIEP will add to the total WSUs of each qualifying school as shown in the following table:
Yes. Havasupai Elementary School, for as long as it remains in its present location, will be awarded an additional cost factor of 12.5 WSU.
70 FR 22205, Apr. 28, 2005, unless otherwise noted.
OIEP uses the Indian School Equalization Formula (ISEF) to distribute Indian School Equalization Program (ISEP) appropriations equitably to Bureau-funded schools.
ISEF does not attempt to assess the actual cost of school operations either at the local school level or in the aggregate nationally. ISEF is a relative distribution of available funds at the local school level by comparison with all other Bureau-funded schools.
(1) For academic programs, the average daily membership of the 3 years before the current year of operation; and
(2) For the residential programs, the count period membership of the 3 years before the current year of operation.
OIEP calculates a school's allotment no later than July 1. Schools must submit final ADM enrollment figures no later than June 15.
OIEP calculates ADM by:
(a) Adding the total enrollment figures from periodic reports received from each Bureau-funded school; and
(b) Dividing the total enrollment for each school by the number of days in the school's reporting period.
(a) OIEP will add the weights obtained from the calculations in paragraphs (a)(1), (a)(2), and (a)(3) of this section to obtain the total weighted student units (WSUs) for each school.
(1) Each year's ADM is multiplied by the applicable weighted student unit for each grade level;
(2) Calculate any supplemental WSUs generated by the students; and
(3) Calculate any supplemental WSUs generated by the schools.
(b) The total WSU for the school year is the sum of paragraphs (a)(1), (a)(2), and (a)(3) of this section.
(a) To calculate the appropriated dollar value of one WSU, OIEP divides the systemwide average number of WSUs for the previous 3 years into the current year's appropriation.
(b) To calculate the average WSU for a 3-year period:
(1)
(2)
To determine a school's funding for the school year, OIEP uses the following seven-step process:
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(a) On July 1, schools will receive 80 percent of their funds as determined in § 39.207.
(b) On December 1, the balance will be distributed to all schools after verification of the school count and any adjustments made through the appeals process for the third year.
If a student is enrolled, is in attendance during any of the first 10 days of school, and receives at least 5 days' instruction, the student is deemed to be enrolled all 10 days and shall be counted for ADM purposes. The first 10 days of school, for purposes of this section, are determined by the calendar that the school submits to OIEP.
(a) For ISEP purposes, a school can add a student to the membership when he or she has been enrolled and has received a full day of instruction from the school.
(b) Except as provided in § 39.210, to be counted for ADM, a student dropped under § 39.209 must:
(1) Be re-enrolled; and
(2) Receive a full day of instruction from the school.
If a student is absent for 10 consecutive school days, the school must drop that student from the membership for ISEP purposes of that school on the 11th day.
A school can count other categories of students for membership purposes as shown in the following table.
Yes, if a student attends more than one school during an academic year, each school may count the student as enrolled once the student meets the criteria in 39.209.
No, the Bureau will not fund any child that is being home schooled.
A full time program provides the following number of instructional/student hours to the corresponding grade level:
(a) A school can receive funding for the following part-time students:
(1) Kindergarten students enrolled in a 2-hour program; and
(2) Grade 7-12 students enrolled in at least half but less than a full instructional day.
(b) The school must count students classified as part-time at 50 percent of their basic instructional WSU value.
Residential programs are funded on a WSU basis using a formula that takes into account the number of nights of service per week. Funding for residential programs is based on the average of the 3 previous years' residential WSUs.
For a student to be considered in residence for purposes of this subpart, the school must be able to document that the student was:
(a) In residence at least one night during the first full week of October;
(b) In residence at least one night during the week preceding the first full week in October;
(c) In residence at least one night during the week following the first full week in October; and
(d) Present for both the after school count and the midnight count at least one night during each week specified in this section.
(a) Residential services are funded as shown in the following table:
(b) In order to qualify for residential services funding under paragraph (a)(2) of this section, a school must document that at least 10 percent of residents are present on 3 of the 4 weekends during the count period.
(c) At least 50 percent of the residency levels established during the count period must be maintained every month for the remainder of the school year.
(d) A school may obtain waivers from the requirements of this section if there are health or safety justifications.
Each school must maintain its declared nights of service per week as certified in its submitted school calendar. For each month that a school does not maintain 25 percent of the residency shown in its submitted calendar, the school will lose one-tenth of its current year allocation.
Residential programs must report their monthly counts to the Director on the last school day of the month. To be counted, a student must have been in residence at least 10 nights during each full school month.
A full school month is each 30-day period following the first day that residential services are provided to students based on the school residential calendar.
The calculation of the three-year rolling average of ADM for each school and for the entire Bureau-funded school system will be phased-in as shown in the following table.
70 FR 22205, Apr. 28, 2005, unless otherwise noted.
The purpose of this subpart is to ensure accountability of administrative officials by creating procedures that are systematic and can be verified by a random independent outside auditing procedures. These procedures will ensure the equitable distribution of funds among schools.
(a) Each school must maintain an individual file on each student receiving basic educational and supplemental services. The file must contain written documentation of the following:
(1) Each student's eligibility and attendance records;
(2) A complete listing of all supplemental services provided, including all necessary documentation required by statute and regulations (
(3) Documentation of expenditures and program delivery for student transportation to and from school provided by commercial carriers.
(b) The School must maintain the following files in a central location:
(1) The school's ADM and supplemental program counts and residential count;
(2) Transportation related documentation, such as school bus mileage, bus routes;
(3) A list of students transported to and from school;
(4) An electronic student count program or database;
(5) Class record books;
(6) Supplemental program class record books;
(7) For residential programs, residential student attendance documentation;
(8) Evidence of teacher certification; and
(9) The school's accreditation certificate.
(c) The Director must maintain a record of required certifications for ELOs, specialists, and school superintendents in a central location.
(a) Each school must:
(1) Certify that the files required by § 39.403 are complete and accurate; and
(2) Compile a student roster that includes a complete list of all students by grade, days of attendance, and supplemental services.
(b) The chief school administrator and the president of the school board are responsible for certifying the school's ADM and residential count is true and accurate to the best of their knowledge or belief and is supported by appropriate documentation.
(c) OIEP's education line officer (ELO) will annually review the following to verify that the information is true and accurate and is supported by program documentation:
(1) The eligibility of every student;
(2) The school's ADM and supplemental program counts and residential count;
(3) Evidence of accreditation;
(4) Documentation for all provided basic and supplemental services, including all necessary documentation required by statute and regulations (
(5) Documentation required by subpart G of this part for student transportation to and from school provided by commercial carriers.
The eligibility of every student shall be verified. The ELO will take a random sampling of five days with a minimum of one day per grading period to verify the information in § 39.404(c). The ELO will verify the count for the count period and verify residency during the remainder of the year.
Every school must maintain a file on each student receiving additional services. (Additional services include homebound services, institutional services, distance courses, Internet courses or college services.) The school must certify, and its records must show, that:
(a) Each homebound or institutionalized student is receiving 5 contact hours each week by certified educational personnel;
(b) Each student taking college, distance or internet courses is in physical attendance at the school for at least 3 certified contact hours per day.
The responsible administrative official for each school must maintain records relating to ISEP, supplemental services, and transportation-related expenditures. The official must maintain these records in appropriate retrievable storage for at least the four years prior to the current school year, unless Federal records retention schedules require a longer period.
Administrative officials have the following responsibilities:
(a) Applying the appropriate standards in this part for classifying and counting ISEP eligible Indian students at the school for formula funding purposes;
(b) Accounting for and reporting student transportation expenditures;
(c) Providing training and supervision to ensure that appropriate standards are adhered to in counting students and accounting for student transportation expenditures;
(d) Submitting all reports and data on a timely basis; and
(e) Taking appropriate disciplinary action for failure to comply with requirements of this part.
(a) The Director of OIEP must ensure accountability in student counts and student transportation by doing all of the following:
(1) Conducting annual independent and random field audits of the processes and reports of at least one school per OIEP line office to ascertain the accuracy of Bureau line officers' reviews;
(2) Hearing and making decisions on appeals from school officials;
(3) Reviewing reports to ensure that standards and policies are applied consistently, education line officers treat schools fairly and equitably, and the Bureau takes appropriate administrative action for failure to follow this part; and
(4) Reporting the results of the findings and determinations under this section to the appropriate tribal governing body.
(b) The purpose of the audit required by paragraph (a)(1) of this section is to ensure that the procedures outlined in these regulations are implemented. To conduct the audit required by paragraph (a)(1) of this section, OIEP will select an independent audit firm that will:
(1) Select a statistically valid audit sample of recent student counts and student transportation reports; and
(2) Analyze these reports to determine adherence to the requirements of this part and accuracy in reporting.
To be considered for auditing ISEP administration under this subpart, an independent audit firm must:
(a) Be a licensed Certified Public Accountant Firm that meets all requirements for conducting audits under the Federal Single Audit Act;
(b) Not be under investigation or sanction for violation of professional audit standards or ethics;
(c) Certify that it has conducted a conflict of interests check and that no conflict exists; and
(d) Be selected through a competitive bidding process.
(a) The auditor selected under § 39.410 must:
(1) Provide an initial draft report of its findings to the governing board or responsible Federal official for the school(s) involved; and
(2) Solicit, consider, and incorporate a response to the findings, where submitted, in the final audit report.
(b) The auditor must submit a final report to the Assistant Secretary—Indian Affairs and all tribes served by each school involved. The report must include all documented exceptions to the requirements of this part, including those exceptions that:
(1) The auditor regards as negligible;
(2) The auditor regards as significant, or as evidence of incompetence on the part of responsible officials, and that must be resolved in a manner similar
(3) Involve fraud and abuse.
(c) The auditor must immediately report exceptions involving fraud and abuse directly to the Department of the Interior Inspector General's office.
(a) The employer of a responsible administrative official must take appropriate personnel action if the official:
(1) Submits false or fraudulent ISEP-related counts;
(2) Submits willfully inaccurate counts of student participation in weighted program areas; or
(3) Certifies or verifies submissions described in paragraphs (a)(1) or (a)(2) of this section.
(b) Unless prohibited by law, the employer must report:
(1) Notice of final Federal personnel action to the tribal governing body and tribal school board; and
(2) Notice of final tribal or school board personnel action to the Director of OIEP.
Yes, a school may appeal to the Director any administrative action disallowing any academic, transportation, supplemental program or residential count. In this appeal, the school may provide evidence to indicate the student's eligibility, membership or residency or adequacy of a program for all or a portion of school year. The school must follow the applicable appeals process in 25 CFR part 2 or 25 CFR part 900, subpart L.
70 FR 22205, Apr. 28, 2005, unless otherwise noted.
The Secretary:
(a) Must reserve 1 percent of funds from the allotment formula to meet emergencies and unforeseen contingencies affecting educational programs;
(b) Can carry over to the next fiscal year a maximum of 1 percent the current year funds; and
(c) May distribute all funds in excess of 1 percent equally to all schools or distribute excess as a part of ISEP.
An emergency or unforeseen contingency is an event that meets all of the following criteria:
(a) It could not be planned for;
(b) It is not the result of mismanagement, malfeasance, or willful neglect;
(c) It is not covered by an insurance policy in force at the time of the event;
(d) The Assistant Secretary determines that Bureau cannot reimburse the emergency from the facilities emergency repair fund; and
(e) It could not have been prevented by prudent action by officials responsible for the educational program.
To apply for contingency funds, a school must send a request to the ELO. The ELO must send the request to the Director for consideration within 48 hours of receipt. The Director will consider the severity of the event and will attempt to respond to the request as soon as possible, but in any event within 30 days.
Contingency funds can be used only for education services and programs, including repair of educational facilities.
Bureau-operated schools may carry over funds to the next fiscal year.
(a) At the end of each fiscal year, Bureau/OIEP shall send an annual report to Congress detailing how the Contingency Funds were used during the previous fiscal year.
(b) By October 1 of each year, the Bureau must send a letter to each school
70 FR 22205, Apr. 28, 2005, unless otherwise noted.
Yes. Bureau-operated schools are limited to $8,000 or one percent (1%) of ISEP allotted funds (not to exceed $15,000).
No, school board training for Bureau-operated schools is not considered a school board expense subject to the limitation in § 39.600.
Yes. Any new member of a local school board or an agency school board must complete 40 hours of training within one year of appointment, provided that such training is recommended, but is not required, for a tribal governing body that serves in the capacity of a school board.
Yes. There is an ISEP weight not to exceed 1.2 WSUs to cover school board training and expenses at Bureau-operated schools.
70 FR 22205, Apr. 28, 2005, unless otherwise noted.
(a) This subpart covers how transportation mileage and funds for schools are calculated under the ISEP transportation program. The program funds transportation of students from home to school and return.
(b) To use this part effectively, a school should:
(1) Determine its eligibility for funds using the provisions of §§ 39.702 through 39.708;
(2) Calculate its transportation miles using the provisions of §§ 39.710 and 39.711; and
(3) Submit the required reports as required by §§ 39.721 and 39.722.
A school transporting students by commercial bus, train, airplane, or other commercial modes of transportation will be funded at the cost of the commercial ticket for:
(a) The trip from home to school in the Fall;
(b) The round-trip return home at Christmas; and
(c) The return trip home at the end of the school year.
This section applies only if a school transports residential students by commercial bus, train or airplane from home to school. The school may receive funds for the ground miles that the school has to drive to deliver the students or their luggage from the bus, train, or plane terminal to the school.
Yes. Schools may receive funds for actual chaperone expenses, excluding
Yes. A school that transports a special education student from home to a treatment center and back to home on a daily basis as required by the student's Individual Education Plan may count those miles for day student funding.
Yes. If the peripheral dormitory is required to transport dormitory students to the public school, the dormitory may count those miles driven transporting students to the public school for day transportation funding.
(a) The following transportation expenses are currently not eligible for transportation funding, however the data will be collected under the provisions in this subpart:
(1) Fuel and maintenance runs;
(2) Transportation home for medical or other emergencies;
(3) Transportation from school to treatment or special services programs;
(4) Transportation to after-school programs; and
(5) Transportation for day and boarding school students to attend instructional programs less than full-time at locations other than the school reporting the mileage.
(b) Examples of after-school programs covered by paragraph (a)(4) of this section include:
(1) Athletics;
(2) Band;
(3) Detention;
(4) Tutoring, study hall and special classes; and
(5) Extra-curricular activities such as arts and crafts.
No. Only miles generated by ISEP-eligible students enrolled in and attending a school are eligible for student transportation funding.
To calculate the total annual bus transportation miles for day students, a school must use the appropriate formula from this section. In the formulas, Tu = Miles driven on Tuesday of the transportation mileage count week, W = Miles driven on Wednesday of the transportation mileage count week, and Th = Miles driven on Thursday of the transportation mileage count week.
(a) For ISEP-eligible day students whose route is entirely over improved roads, calculate miles using the following formula:
(b) For ISEP-eligible day students whose route is partly over unimproved roads, calculate miles using the following three steps.
(1)
(2)
(3)
To calculate the total annual transportation miles for residential students, a school must use the procedures in paragraph (b) of this section.
(a) The school can receive funds for the following trips:
(1) Transportation to the school at the start of the school year;
(2) Round trip home at Christmas; and
(3) Return trip to home at the end of the school year.
(b) To calculate the actual miles driven to transport students from home to school at the start of the school year, add together the miles driven for all buses used to transport students from their homes to the school. If a school transports students over unimproved roads, the school must separate the number of miles driven for each bus into improved miles and unimproved miles. The number of miles driven is the sum of:
(1) The number of miles driven on improved roads; and
(2) The number of miles driven on unimproved roads multiplied by 1.2.
(c) The annual miles driven for each school is the sum of the mileage from paragraphs (b)(1) and (b)(2) of this section multiplied by 4.
In order to construct an actual cost data base, residential and day schools must report data required by §§ 39.721 and 39.722.
(a) Each off-reservation boarding school that provides transportation must report annually the information required by this section. The report must:
(1) Be submitted to OIEP by August 1 and cover the preceding school year;
(2) Include a Charter/Commercial and Air Transportation Form signed and certified as complete and accurate by the School Principal and the appropriate ELO; and
(3) Include the information required by paragraph (b) of this section.
(b) Each annual transportation report must include the following information:
(1) Fixed vehicle costs, including: the number and type of buses, passenger size, and local GSA rental rate and duration of GSA contract;
(2) Variable vehicle costs;
(3) Mileage traveled to transport students to and from school on school days, to sites of special services, and to extra-curricular activities;
(4) Medical trips;
(5) Maintenance and Service costs; and
(6) Driver costs;
(7) All expenses referred to in § 39.707.
(a) By August 1 of each year, all schools and peripheral dorms that provide transportation must submit a report that covers the preceding year. This report must include:
(1) Fixed vehicle costs and other costs, including: the number and type of buses, passenger size, and local GSA rental rate and duration of GSA contract;
(2) Variable vehicle costs;
(3) Mileage traveled to transport students to and from school on school days, to sites of special services, and to extra-curricular activities;
(4) Mileage driven for student medical trips;
(5) Costs of vehicle maintenance and service cost, including cost of miles driven to obtain maintenance and service;
(6) Driver costs; and
(7) All expenses referred to in § 39.707.
(b) In addition, all day schools and on-reservation boarding schools must include in their report a Day Student Transportation Form signed and certified as complete and accurate by the School Principal and the appropriate ELO.
All vehicles used by schools to transport students must meet or exceed all appropriate Federal motor vehicle safety standards and State or Tribal motor vehicle safety standards. The Bureau will not fund transportation mileage and costs incurred transporting students in vehicles that do not meet these standards.
No. Transportation time cannot be used as instruction time for day school students in meeting the minimum required hours for academic funding.
OIEP allocates transportation funds based on the types of transportation programs that the school provides. To allocate transportation funds OIEP:
(a) Multiplies the one-way commercial costs for all schools by four to identify the total commercial costs for all schools;
(b) Subtracts the commercial cost total from the appropriated transportation funds and allocates the balance of the transportation funds to each school with a per-mile rate;
(c) Divides the balance of funds by the sum of the annual day miles and the annual residential miles to identify a per-mile rate;
(d) For day transportation, multiplies the per-mile rate times the annual day miles for each school; and
(e) For residential transportation, multiplies the per mile rate times the annual transportation miles for each school.
70 FR 22205, Apr. 28, 2005, unless otherwise noted.
(a) The Secretary's formula to determine the minimum annual amount necessary to sustain a Bureau-funded school's academic or residential program is as follows:
(b) Sections 39.802 through 39.807 explain the derivation of the formula in paragraph (a) of this section.
(c) If the annual minimum amount calculated under this section and §§ 39.802 through 39.807 is not fully funded, OIEP will pro rate funds distributed to schools using the Indian School Equalization Formula.
The student unit value is the dollar value applied to each student in an academic or residential program. There are two types of student unit values: the student unit instructional value (SUIV) and the student unit residential value (SURV).
(a) The student unit instructional value (SUIV) applies to a student enrolled in an instructional program. It is an annually established ratio of 1.0 that represents a student in grades 4 through 6 of a typical non-residential program.
(b) The student unit residential value (SURV) applies to a residential student. It is an annually established ratio of 1.0 that represents a student in grades 4 through 6 of a typical residential program.
A weighted student unit is an adjusted ratio using factors in the Indian School Equalization Formula to establish educational priorities and to provide for the unique needs of specific students, such as:
(a) Students in grades kindergarten through 3 or grades 7 through 12;
(b) Special education students;
(c) Gifted and talented students;
(d) Distance education students;
(e) Vocational and industrial education students;
(f) Native Language Instruction students;
(g) Small schools;
(h) Personnel costs;
(i) Alternative schooling; and
(j) Early Childhood Education programs.
The SUIV is calculated by the following 5-step process:
(a)
(b)
(c)
(d)
(e)
The process described in § 39.804 is illustrated in the table below, using figures for the 1999-2000 school year:
(a) The SURV is the adjusted national average current expenditures for residential schools (ANACER) of public and private residential schools. This average is determined using data from the Association of Boarding Schools.
(b) Applying the procedure in paragraph (a) of this section, the SURV for school year 1999-2000 was $11,000.
(a) The student unit instructional value (SUIV) and the student unit residential value (SURV) will be adjusted annually to derive the current year Student Unit Value (SUV) by dividing the calculated SUIV and the SURV into two parts and adjusting each one as shown in this section.
(1) The first part consists of 85 percent of the calculated SUIV and the SURV. OIEP will adjust this portion using the personnel cost of living increase of the Department of Defense schools for each year.
(2) The second part consists of 15 percent the calculated SUIV and the SURV. OIEP will adjust this portion using the Consumer Price Index-Urban of the Department of Labor.
(b) If the student unit value amount is not fully funded, the schools will receive their pro rata share using the Indian School Equalization Formula.
Notwithstanding any other provision of law, no person is required to respond to, nor shall any person be subject to a penalty for failure to comply with, a collection of information subject to the requirements of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501
44 FR 61864, Oct. 26, 1979, unless otherwise noted. Redesignated at 47 FR 13327, Mar. 30, 1982. Redesignated at 70 FR 33702, June 9, 2005.
There is established in the Division of Facilities Management a separate temporary fund entitled the Interim Maintenance and Minor Repair Fund. The Assistant Secretary shall cause the distribution of an amount of $1 million, under the FY 1980 Appropriation for the Bureau, from budget activity 3500, “General Management and Facilities Operation”, to the direct use of schools, and shall create an appropriate account or subaccount for the Interim Maintenance and Minor Repair Fund and credit these funds thereto.
Funds from the Interim Maintenance and Minor Repair Fund shall be distributed to Bureau operated and funded schools and shall be separately earmarked in local school financial plans solely for expenditure at the discretion of the school supervisor for cost of school facility maintenance and minor repair. These funds shall be used to meet immediate minor repair and maintenance needs.
(a) Interim Maintenance and Minor Repair funds shall be allocated to all Bureau operated and contract schools based on the number of square feet of floor space used for that school's educational program, for student residence and for support facilities. Staff quarters shall be specifically excluded from the computation.
(b) Square footage figures used in determining school allocations shall be taken from the facilities inventory maintained by the Division of Facilities Engineering.
(c) In those cases, such as contract schools, where square footage figures are not now available, it shall be the responsibility of the Bureau's Division of Facilities Engineering to correct the information.
(d) Schools in Alaska shall receive a 25% cost adjustment increase in the computation of their allocation.
Funds allocated under this provision for maintenance and minor repair shall be used for no other purpose.
Nothing in this provision shall be interpreted as relieving the Bureau branch of Facilities Management or its field offices of any responsibility for continuing to provide maintenance and repair service to schools through existing procedures.
56 FR 35795, July 26, 1991, unless otherwise noted. Redesignated at 70 FR 33702, June 9, 2005.
The purpose of this subpart is to provide funds at the agency and area education offices for FY 1991 and future years for administration of all Bureau of Indian Affairs education functions, including but not limited to school operations, continuing education, early childhood education, post-secondary education and Johnson-O'Malley Programs.
(a)
(b)
The total annual budget for agencies/areas shall be allotted to the Director and through him/her to agency and area education offices. This total budget shall be distributed to the various agency and area education offices as follows:
(a) Each agency or area education office as defined above shall receive a base amount of $50,000 for basic administrative costs; and
(b) Each agency or area education office as defined above shall receive an amount under these funds equal to two percent of the total higher education, Johnson-O'Malley and adult education funds administered by each office, except that the Navajo Agencies are restricted to a maximum of $50,000 for administering the Johnson-O'Malley and higher education programs; and
(c) Eighty percent of the remaining funds shall be distributed proportionately based on the number of schools operated under the jurisdiction of each agency or area education office, with Bureau-operated schools counting as 1 and contract/grant schools counting as 0.6; and
(d) The remaining twenty percent shall be distributed proportionately based on the total weighted student units generated by all schools under the jurisdiction of each agency or area education office.
For FY 1991 only, the Director may reserve an amount equal to no more than one half of the funds received in FY 1990 by those offices to be closed in FY 1991 to cover severance pay costs, lump sum leave payments and relocation costs for those individuals affected by the closures. Any balance uncommitted by March 31, 1991, shall be distributed in accordance with the formula in § 39.122.
44 FR 61864, Oct. 26, 1979, unless otherwise noted. Redesignated at 47 FR 13327, Mar. 30, 1982. Redesignated at 70 FR 33702, June 9, 2005.
Those schools having pre-kindergarten programs funded fully or in part from Bureau education funds in fiscal year 1979 shall be funded from Bureau education funds by the Director in fiscal year 1980 and fiscal year 1981 at their fiscal year 1979 Bureau education funding levels. The fiscal year 1979 pre-kindergarten Bureau funding amount for each Bureau funded school shall be deducted from the school's fiscal year 1979 Bureau Education Budget amount
The Director, in consultation with the tribes and school boards, shall determine appropriate weight factors needed to include pre-kindergarten programs in the Indian School Equalization Formula in fiscal year 1982. Based on a needs assessment, to be completed by January 1, 1980, pre-kindergarten programs shall be included in the Bureau's education request for fiscal year 1982.
44 FR 61864, Oct. 26, 1979, unless otherwise noted. Redesignated at 70 FR 33702, June 9, 2005.
Contract school operation and maintenance costs for fiscal year 1979 means the sum of costs for custodial salaries and fringe benefits, related supplies and equipment and equipment repair, insurance, and school operation utilities costs, where such costs are not paid by the Division of Facilities Management or other noneducation Bureau sources.
There is established in the Division of Facilities Management a separate fund entitled the Contract School Operation and Maintenance Fund. The Secretary shall cause the distribution of an amount of $2.5 million, under the fiscal year 1980 appropriation for the Bureau, from budget activity 3500. “General Management and Facilities Operations”, to the schools through this fund and shall create an appropriate account or subaccount for the Contract School Operation and Maintenance Fund.
(a) Each contract school shall receive in fiscal year 1980 a portion of the Contract School Operation and Maintenance Fund determined by the percentage share which that school's fiscal year 1979 operation and maintenance cost represents in the total fiscal year 1979 operation and maintenance cost for all such schools.
(b) To be eligible for these funds, a contract school shall submit a detailed report of actual operation and maintenance costs for fiscal year 1979 to the Director by November 23, 1979. These cost figures will be subject to verification by the Director to assure their accuracy prior to the allotment of any funds under this subpart.
(c) Any funds generated under this subpart shall be included in the computation of the phase-in amount if supplemental operation and maintenance funds were included in a school's fiscal year 1979 3100 contract funds.
The Assistant Secretary shall arrange for full funding for operation and maintenance of contract schools by fiscal year 1981.
Sec. 11, 48 Stat. 986; 25 U.S.C. 471.
22 FR 10533, Dec. 24, 1957, unless otherwise noted. Redesignated at 47 FR 13327, Mar. 30, 1982.
Funds appropriated by Congress for the education of Indians may be used
Working scholarships may be granted to Indians who wish to earn their board and room by part-time work at Federal boarding schools that are located near a college, trade, or vocational school.
Applications for educational loans, grants, and working scholarships shall be submitted through the superintendent or officer in charge of the agency at which the applicant is enrolled in the manner prescribed by the Commissioner.
If a borrower or cosigner has security to offer for an educational loan it must be given in an amount adequate to protect the loan.
Repayment schedules for educational loans may provide not to exceed two years for repayment for each year in school.
Secs. 114 and 203(a), Pub. L. 95-471, 25 U.S.C. 1815, 25 U.S.C. 640c-1(c).
44 FR 67042, Nov. 21, 1979, unless otherwise noted. Redesignated at 47 FR 13327, Mar. 30, 1982.
The policy of the Department of the Interior is to support and encourage the establishment, operation, and improvement of tribally controlled community colleges to ensure continued and expanded educational opportunities for Indian students. The regulations in this subpart prescribe procedures for providing financial and technical assistance to this end under the Tribally Controlled Community College Assistance Act of 1978 (Pub. L. 95-471, 92 Stat. 1325, 25 U.S.C. 1801
The regulations in this subpart are applicable to the provision of financial
As used in this subpart A:
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(j)
(1) Admits as regular students only persons having a certificate of graduation from a school providing secondary education, or the recognized equivalent of such a certificate,
(2) Provides an educational program for which it awards a bachelor's degree or provides not less than a two-year program which is acceptable for full credit toward such a degree,
(3) Is a public or other nonprofit institution, and
(4) Is accredited by a nationally recognized accrediting agency or association or, if not so accredited,
(A) Is an institution with respect to which the Commissioner of Education has determined that there is satisfactory assurance, considering the resources available to the institution, the period of time, if any, during which it has operated, the effort it is making to meet accreditation standards and the purpose for which this determination is being made, that the institution will meet the accreditation standards of such an agency or association within a reasonable time, or
(B) Is an institution whose credits are accepted, on transfer, by not less than three institutions which are so accredited, for credit on the same basis as if transferred from an institution so accredited.
(k)
(l)
(m)
(n)
Financial assistance under this subpart shall be available only to a Community College which:
(a) Is governed by a board of directors, regents, or trustees, a majority of whom are Indians;
(b) Demonstrates its adherence to stated goals, a philosophy, or a plan of operation which is directed to meet the needs of Indians, and has formally adopted, in writing, such goals, philosophy, or plan of operation, which may be in the form of a constitution, by-laws, or policy statement of the Community College;
(c) If in operation for more than one year, has students a majority of whom are Indian; and
(d) Upon completion of a feasibility study, receives a positive determination, and;
(e) Is not in violation of § 41.11 of this subpart.
Financial assistance under this subpart shall be available to defray only the operating expenses of education
The Assistant Secretary for Indian Affairs is authorized to enter into an agreement with the Assistant Secretary for Education, Department of Health and Human Services, and to revise such agreement as necessary, to assist the Director of Education in the development of plans, procedures, and criteria for feasibility studies under this subpart, and to provide the Director with technical assistance in conducting such feasibility studies, including determinations as to the reasonable number of students required to support a Community College.
(a) Grants under § 41.8 of this subpart may be made to a Community College only after a positive determination of feasibility as provided in this section.
(b) Within thirty (30) days of receiving a resolution or other duly authorized request from the governing body of one or more Indian Tribes, the Director of Education shall initiate a feasibility study to determine whether there is justification to encourage and maintain a Community College for such tribe or tribes. The feasibility study shall give consideration to the following factors:
(1) Financial feasibility based upon potential enrollment;
(2) Evidence of low tribal levels of tribal matriculation in and graduation from postsecondary educational institutions;
(3) Tribal, linguistics, or cultural differences;
(4) Isolation;
(5) Presence of alternate education sources;
(6) Proposed curriculum;
(7) The benefits of continued and expanded educational opportunities for Indian students.
(c) The Director of Education will issue detailed guidelines for conducting and analyzing the feasibility studies.
(d) Feasibility studies under this section shall be conducted in consultation with the tribal governing body or bodies involved or their designated representatives. Each feasibility study shall be completed and filed by the Director of Education within sixty (60) days after the feasibility study has been initiated. The study shall be filed with (1) the Assistant Secretary, (2) the tribal governing body or bodies requesting the studies, and (3) with the board of directors, regents, or trustees of the Community College, if already established.
(e) In the case of any feasibility study which results in a negative determination by the Director of Education, a Tribe requesting the study may within thirty (30) days of receipt of the study or of notice of such determination file a notice of appeal with the Assistant Secretary. Following the timely filing of a Tribe's notice of appeal, the Tribe and Community College shall have a right to a formal review of the feasibility study, including a hearing upon reasonable notice within sixty (60) days before the Assistant Secretary (or his/her designee, other than the Director of Education or any federal employee under the Director's supervision). At the hearing, the appealing Tribe or the Community College (or both) may present additional evidence or arguments to justify feasibility. Within thirty (30) days of the hearing, the Assistant Secretary shall issue a written ruling either confirming, modifying, or reversing the original determination. The ruling, which shall be final for the Department, shall be mailed or otherwise delivered to the appealing Tribe and the Community College within one week of its issuance. In any case where the original negative determination is not reversed, the Assistant Secretary's ruling shall specify the grounds for the decision and state the manner in which the determination related to each of the factors specified.
(f) A negative determination shall not prevent a Tribe from requesting another feasibility study, but no more than one feasibility study shall be requested for any given Community College per year.
(a) Each Community College which has received a positive feasibility study determination under § 41.7 of this subpart shall be entitled to apply for financial assistance under this subpart.
(b) Except with respect to applications for grants for the 1979-1980 academic year, each Community College shall make an application to the Director of Education before January 31, of the year preceding the academic year for which financial assistance is requested. Each application must contain the following information:
(1) The name and address of the Community College and the names of the members of the governing board and the number of its members who are Indian;
(2) A statement that the Community College has received a positive feasibility determination and the date thereof;
(3) A written statement of the goals, philosophy, or proposed plan of operation sufficient to demonstrate that its education program or proposed program is designed to meet the needs of Indians;
(4) In the case of a Community College which has been in operation for more than one year, a statement of the total number of FTE Indian students and the total number of all FTE students;
(5) If the Community College has not yet begun operations, a statement of expected enrollment, including the total number of FTE students and the number of FTE Indian students;
(6) The name and address of the Indian Tribe or Tribes which control or operate and manage, or have established, sanctioned, or chartered the Community College, and a statement as to which of those Tribes have not done so with respect to any other Community College;
(7) A curriculum, which may be in the form of a college catalog or like publication;
(8) A proposed budget, showing total expected operating expenses of education programs and expected revenues from all sources for the academic year to which the information applies;
(9) An assurance that the Community College will not deny admission to any Indian student because that student is not a member of a specific tribe or because such student is a member of a specific tribe, and will comply with the requirements set forth in § 41.11 of this subpart together with any request and justification for a specific waiver of any requirement of 25 CFR part 276 which the Community College believes to be inappropriate;
(10) Certification by the chief executive officer of the Community College that the information on the application is complete and correct and that the application has been filed with the governing body or bodies of the Tribe or Tribes which control or have sanctioned or chartered it.
(c)(1) Within thirty (30) days of receiving an application required under paragraph (b) of this section, the Director of Education shall review the application submitted by the Community College and any comments with respect thereto filed by the Tribe(s) or by any national Indian organization(s) whose assistance has been requested by the Community College, and make a grant award in an amount determined under paragraph (d) of this section to the Community College if the application qualifies the Community College to receive a grant.
(2) In the case of any Community College whose application is not approved, the Director shall promptly send a notice of such action to the Community College. Such notice shall include a statement of the specific reasons for not approving the application and a statement advising the College of its right within thirty (30) days to amend or supplement the application on file to rectify the defect.
(3) Final disapproval of a grant application by the Director after the thirty day period referred to in paragraph (c)(2) of this section, or a failure of the Director of Education to approve an application within thirty (30) days of its receipt may be appealed by a Community College in the same manner as
(4) A Grant award under an approved application shall be evidenced by a grant agreement, signed by the Director of Education, incorporating the application and the provisions required by § 41.11.
(d)(1) In fiscal year 1980, each Community College which qualifies for a grant will receive a grant for academic year 1979-80; thereafter each Community College which qualifies for a grant shall receive a grant for the academic year commencing after the date of approval of its application. Except as provided in paragraph (d)(3) of this section grants shall be in an amount equal to $4,000 multiplied by the number of FTE Indian students in attendance at such college during each academic term divided by the number of academic terms in the academic year, except that no such grant shall exceed the annual operating expenses of the education programs provided by the Community College. The mathematical formula for calculating the base grant is BG (Base Grant)=
(2) For the first Federal fiscal year for which funds are appropriated for grants under this subpart, not less than eight (8) nor more than fifteen (15) grants shall be approved; priority in awarding such grants shall be given to Community Colleges which are operating on October 17, 1978, and which have a history of service to the Indian people. (If more than fifteen (15) Community Colleges meeting these two (2) conditions submit applications for the first fiscal year, a further priority for awarding grants among them shall be given to those who appear to be in the best position to fulfill the purpose of the Act and to those whose continued existence would be threatened if they did not receive such a grant).
(3) All grants under this section shall be subject to the availability of appropriations and the amount thereof shall be ratably reduced for all Community Colleges if the sums appropriated for any fiscal year for financial assistance under this subpart are not sufficient to pay the full amounts to which the eligible Community Colleges are otherwise entitled under paragraph (d)(1) of this section.
(e) The Director of Education shall authorize payments to each such Community College in advance installments by letter of credit or Treasury check in an amount equal to fifty percent (50%) of the grant amount available for allotment to such Community College for such academic year under paragraph (d) of this section on or before October 1st of such College's academic year (except for 1979-80) or the first day on which appropriations for the fiscal year beginning on such date are available for obligation by BIA whichever occurs later, based on the number of FTE Indian students calculated on the basis of registrations as in effect at the conclusion of the sixth week of the final academic term of the preceding academic year. On or before January 1st (or such other date that is the first day of the fifth month) of such College's academic year, payments shall be made in the form of advance installments to each Community College in an amount equal to seventy-five percent (75%) of the grant amount available for allotment to such Community College for such academic year under paragraph (d) of this section, calculated on the basis of registrations at the conclusion of sixth week of the academic year, less the amount previously advanced for such academic year. On or before July 1st (or such other date that is the first day of the eleventh month) of each such academic year the balance
(f) If with respect to any academic year the amounts of financial assistance hereunder have been ratably reduced as provided in paragraph (d)(3) of this section and additional funds have not been appropriated to pay the full amount of such reductions on or before June 1st of such year, the Director of Education shall notify each Community College of such fact in writing, and each Community College shall report in writing to the Director of Education on or before July 1st of such year the amount of unused portion of received funds. The total of such reported unused portions of received funds shall be reallocated by the Director of Education in proportion to the amount of financial assistance to which each Community College is entitled under paragraph (d) but which has not been provided due to the ratable reductions provided for therein, (except that no Community College shall receive more than the total annual cost of the education programs provided by such College) and payments shall be made reflecting such reallocations on or before August 1st of such academic year.
(g) If the Director of Education determines that a Community College has received, through mistake or fraud, payments of financial assistance under this subpart to which it was not entitled, the Director shall promptly notify the college, which may appeal the Director's determination under the procedures set forth in § 41.7, and adjust the amount of payments to the college under this subpart for the same or subsequent academic years to compensate for such overpayments or otherwise attempt to recover such overpayments.
(h) Eligibility for grants under this subpart shall not, by itself, bar a Community College from qualifying for or receiving financial assistance under any other Federal program for which it may qualify.
Each Community College receiving financial assistance under this subpart shall provide to the Director of Education on or before December 1st of each year a report which shall include an accounting of the amounts and purposes for which such financial assistance was expended during the preceding academic year; the annual cost of education programs of the Community College from all sources for such academic year; and a final report of the performance based upon the criteria set forth in the Community College's stated goals, philosophy or plan of operation. Upon reasonable cause, the Director of Education may extend the period for submitting the annual report. Each Community College shall in addition report to the Director of Education its FTE Indian student enrollment for each academic term of the academic year within three weeks of the date such FTE calculation is made.
The Director of Education shall furnish technical assistance either directly or through contract to any Community College requesting it. Such assistance shall be initiated within thirty (30) days of a Community College's request in writing. In any case, where the type and source of technical assistance is specified in the request, the Director, to the extent possible or feasible, shall provide the type of technical assistance through the source so specified. Technical assistance may include, but is not limited to, consulting services for the development of programs, plans, and feasibility studies and accounting, and other technical advice. In awarding of contracts for technical assistance, preference shall be given to an organization designated by the Community College to be assisted. Denials of requests for technical assistance under this section shall be made in writing and sent to the applicant within thirty (30) days of the request, together with a statement of the reason for denial. An appeal under this section may be undertaken in the same manner as in the case of negative determinations of feasibility under § 41.7 of his subpart.
The general requirements for grant administration in this section are applicable to all grants provided under this subpart to Community Colleges:
(a) Services or assistance provided to Indians by Community Colleges aided under this subpart shall be provided in a fair and uniform manner, and admission to any such Community College shall not be denied to any Indian student because such individual is not a member of a specific Indian tribe or because such individual is a member of a specific Indian tribe.
(b) Except as may be otherwise provided in this subpart, any Community College receiving financial assistance under this subpart shall comply with part 276 of this title, subject to any express waiver of specific inappropriate provisions of part 276 that may be granted by the Assistant Secretary after request and justification by the Community College.
(c) A Community College shall have the right to appeal any adverse decision of the Director of Education under a grant agreement to the Assistant Secretary by filing written notice of appeal with the Assistant Secretary within thirty (30) days after the adverse decision. Within thirty (30) days after receiving notice of appeal, the Assistant Secretary shall conduct a formal hearing at which time the College may present evidence and argument to support its appeal. Within thirty (30) days of the hearing, the Assistant Secretary shall issue a written ruling on the appeal confirming, modifying, or reversing the Director of Education's decision, the Assistant Secretary shall state in detail the basis for his/her ruling. The ruling of the Assistant Secretary on an appeal shall be final for the Department of the Interior.
Appropriations under title I of the Tribally Controlled Community College Assistance Act of 1978 shall be separately identified in the Bureau of Indian Affairs Budget Justification. Funds appropriated for grants under this subpart shall not be commingled with other funds expended by the Bureau of Indian Affairs.
Persons submitting or causing to be submitted to the Bureau any false information in connection with any application, report, or other document, upon which the provision of Federal financial assistance or any other payment of Federal funds is based, may be subject to criminal prosecution under provisions such as sections 287, 371, or 1001 of title 18, U.S. Code.
It is the policy of this Department to support and encourage the establishment, operation, and improvement of tribally controlled community colleges in order to ensure continued and expanded educational opportunities for Indian students. The regulations in this subpart prescribe procedures for providing financial and technical assistance to this end for the Navajo Community College under the Navajo Community College Act, as amended (25 U.S.C. 640a-c).
The regulations in this subpart are applicable to the provision of financial and technical assistance to Navajo Community College pursuant to the Navajo Community College Act of December 15, 1971 (Pub. L. 92-189, 85 Stat. 646, 25 U.S.C. 640a-c) as amended by the Navajo Community College Assistance Act of 1978, title II of the Tribally Controlled Community College Assistance Act of 1978 (Pub. L. 95-471, 92 Stat. 1325, 1329, 25 U.S.C. 640c). Regulations applicable to Tribally Controlled Community Colleges other than Navajo Community College are found in subpart A of this part 41.
As used in this subpart:
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(j)
Financial assistance under this subpart shall be available to defray only the operating and maintenance expenses of education programs of the College. Financial assistance under this subpart shall not be used for religious worship or sectarian instruction, but nothing in this subpart shall be construed as barring instruction in comparative religions or cultures or in languages of Indian tribes.
(a) Navajo Community College is entitled to annual grants for operation and maintenance of the College in amounts based upon the number of Full-Time Equivalent Indian students in attendance.
(b) Annually, in the manner and within the deadline established by the Director of Education, the Navajo Community College shall submit an application in the form of a statement of its FTE enrollment (total and Indian) for the next academic year. The statement shall include a description of the College's curriculum, which may be in the form of a College catalog or like publication, and a proposed budget showing total expected operating expenses of educational programs and expected revenue from all sources for the
(c) Annual budget request for the College shall be sparately identified in the Bureau of Indian Affairs Budget Justifications. Funds appropriated for grants under this subpart shall not be commingled with other funds appropriations historically expended by the Bureau of Indian Affairs for programs and projects normally provided on the Navajo Reservation for Navajo beneficiaries.
(d) Within thirty (30) days of submission of the statement required under paragraph (b) of this section, the Director of Education shall make a grant award to the College in an amount determined under paragraph (e) of this section. The grant award shall be evidenced by a grant agreement signed by the Director of Education, incorporating the grant application and including the provisions required by § 41.27 of this subpart.
(e) The College shall be eligible to receive a grant for the fiscal year beginning October 1, 1979, and for each succeeding year, in an amount equal to $4,000 multiplied by the number of FTE Indian students in attendance at the College during each academic term divided by the number of academic terms in the academic year, except that no such grant shall exceed the annual operating expenses of the education programs provided by the College. The mathematical formula for calculating the base grant is BG (Base Grant)=
(f) The Director of Education shall authorize payments to the College in advance installments by letter of credit or Treasury check in an amount equal to fifty percent (50%) of the grant amount available for allotment to the College for such academic year under paragraph (e) of this section on or before October 1st of such academic year (except 1979-80) or the first day on which appropriations for the fiscal year beginning on such date are available for obligation by BIA, whichever occurs later, based on the number of FTE Indian students calculated on the basis of registrations as in effect at the conclusion of the sixth week of the final academic term of the preceding year. On or before January 1st (or such other date that is the first day of the fifth month) of such academic year, payment shall be made in the form of such advance installments to the College in an amount equal to seventy-five percent (75%) of the grant amount available for allotment to the College for such academic year under paragraph (e) of this section, calculated on the basis of registrations as in effect at the conclusion of the sixth week of the academic year, less the amount previously advanced for such academic year. On or before July 1st (or such other date that is the first day of the eleventh month) of such academic year, the balance of the grant amount to which the College is entitled under paragraph (e) of this section shall be paid to the College. In the event that additional sums are appropriated for the benefit of the College, these sums shall be included in the final payment.
(g) Overpayments of grants under this subpart may be recovered in the manner provided by § 41.8(g) of subpart A.
(h) Payments to the Navajo Community College under this subpart shall not disqualify the College from applying for or receiving grants or contracts
The Navajo Community College shall provide the Director of Education on or before September 1st of each year a report which shall include an accounting of the amounts and purposes for which financial assistance under this subpart was expended during the preceding academic year, the annual cost of the education programs of the College from all sources for such academic year, and a final report of the performance based upon the criteria set forth in the College's stated goals, philosophy or plan of operation. Upon reasonable cause, the Director of Education may extend the period for submitting the annual report. The college shall in addition report to the Director of Education its FTE Indian Student enrollment for each academic term of the academic year within three weeks of the date such FTE calculation is made.
The Director of Education shall furnish technical assistance, either directly or through contract, to the College when requested in writing. Such assistance shall be initiated within thirty (30) days of the College's request. In any case in which the form and source of technical assistance is specified in the request, the Director of Education shall to the extent possible or feasible provide technical assistance in the form requested and through the source so specified. Technical assistance may include, but is not limited to, consulting services in the development of annual statements and reports required under this subpart and accounting, and other technical advice and assistance.
The general requirements for grant administration in this section are applicable to all grants provided under this subpart to the Navajo Community College.
(a) Services or assistance provided to Indians by the College with the financial assistance provided under this subpart shall be provided in a fair and uniform manner, and admission to the College shall not be denied any Indian student because such individual is not a member of a specific Indian tribe or because such individual is a member of a specific Indian tribe.
(b) Except as may be otherwise provided in this subpart, the College shall comply with part 276 of this title, subject to express waiver of specific inappropriate provisions of part 276 that may be granted, after request and justification by the College by the Assistant Secretary.
(c) In addition to any other right the college may have under this subpart, the College shall have the right to appeal any adverse decision of the Director of Education under a grant agreement to the Assistant Secretary by filing written notice of appeal with the Assistant Secretary within thirty (30) days of the adverse decision. Within thirty (30) days after receiving notice of appeal, the Assistant Secretary shall conduct a formal hearing at which time the College may present evidence and argument to support its appeal. Within thirty (30) days of the hearing, the Assistant Secretary shall issue a written ruling on the appeal confirming, modifying or reversing the decision of the Director of Education. In the case of a ruling not reversing the Director of Education's decision, the Assistant Secretary shall state in detail the basis for his/her ruling. The ruling of the Assistant Secretary on an appeal shall be final for the Department of the Interior.
Persons submitting or causing to be submitted to the Bureau any false information in connection with any application, report, or other document, upon which the provision of the Federal financial assistance, or any other payment of Federal funds, is based, may be subject to criminal prosecution under provisions such as sections 287, 371, or 1001 of title 18, U.S. Code.
5 U.S.C. 301, Pub. L. 107-110, 115 Stat. 1425.
70 FR 22218, Apr. 28, 2005, unless otherwise noted.
(a) This part applies to every Bureau-funded school. The regulations in this part govern student rights and due process procedures in disciplinary proceedings in all Bureau-funded schools. To comply with this part, each school must:
(1) Respect the constitutional, statutory, civil and human rights of individual students; and
(2) Respect the role of Tribal judicial systems where appropriate.
(b) All student rights, due process procedures, and educational practices should, where appropriate or possible, afford students consideration of and rights equal to the student's traditional Native customs and practices.
Individual students at Bureau-funded schools have, and must be accorded, at least the following rights:
(a) The right to an education that may take into consideration Native American or Alaska Native values;
(b) The right to an education that incorporates applicable Federal and Tribal constitutional and statutory protections for individuals; and
(c) The right to due process in instances of disciplinary actions.
(a) In addressing alleged violations of school policies, each school must consider, to the extent appropriate, the reintegration of the student into the school community.
(b) The school may address a student violation using alternative dispute resolution (ADR) processes or the formal disciplinary process.
(1) When appropriate, the school should first attempt to use the ADR processes described in § 42.4 that may allow resolution of the alleged violation without recourse to punitive action.
(2) Where ADR processes do not resolve matters or cannot be used, the school must address the alleged violation through a formal disciplinary proceeding under § 42.7 consistent with the due process rights described in § 42.7.
Alternative dispute resolution (ADR) processes are formal or informal processes that may allow resolution of the violation without recourse to punitive action.
(a) ADR processes may:
(1) Include peer adjudication, mediation, and conciliation; and
(2) Involve appropriate customs and practices of the Indian Tribes or Alaska Native Villages to the extent that these practices are readily identifiable.
(b) For further information on ADR processes and how to use them, contact the Office of Collaborative Action and Dispute Resolution by:
(1) Sending an e-mail to:
(2) Writing to: Office of Collaborative Action and Dispute Resolution, Department of the Interior, 1849 C Street NW., MS 5258, Washington, DC 20240.
(a) The school may address an alleged violation through the ADR processes described in § 42.4, unless one of the conditions in paragraph (b) of this section applies.
(b) The school must not use ADR processes in any of the following circumstances:
(1) Where the Act requires immediate expulsion (“zero tolerance” laws);
(2) For a special education disciplinary proceeding where use of ADR would not be compatible with the Individuals with Disabilities Education Act (Pub. L. 105-17); or
(3) When all parties do not agree to using alternative dispute resolution processes.
(c) If ADR processes do not resolve matters or cannot be used, the school must address alleged violations through the formal disciplinary proceeding described in § 42.8.
Unless local school policies and procedures provide for less, a formal disciplinary hearing is required before a suspension in excess of 10 days or expulsion.
Due process must include written notice of the charges and a fair and impartial hearing as required by this section.
(a) The school must give the student written notice of charges within a reasonable time before the hearing required by paragraph (b) of this section. Notice of the charges includes:
(1) A copy of the school policy allegedly violated;
(2) The facts related to the alleged violation;
(3) Information about any statements that the school has received relating to the charge and instructions on how to obtain copies of those statements; and
(4) Information regarding those parts of the student's record that the school will consider in rendering a disciplinary decision.
(b) The school must hold a fair and impartial hearing before imposing disciplinary action, except under the following circumstances:
(1) If the Act requires immediate removal (such as, if the student brought a firearm to school) or if there is some other statutory basis for removal;
(2) In an emergency situation that seriously and immediately endangers the health or safety of the student or others; or
(3) If the student (or the student's parent or guardian if the student is less than 18 years old) chooses to waive entitlement to a hearing.
(c) In an emergency situation under paragraph (b)(2) of this section, the school:
(1) May temporarily remove the student;
(2) Must immediately document for the record the facts giving rise to the emergency; and
(3) Must afford the student a hearing that follows due process, as set forth in this part, within ten days.
A student has the following due process rights in a formal disciplinary proceeding:
(a) The right to have present at the hearing the student's parents or guardians (or their designee);
(b) The right to be represented by counsel (legal counsel will not be paid for by the Bureau-funded school or the Secretary);
(c) The right to produce, and have produced, witnesses on the student's behalf and to confront and examine all witnesses;
(d) The right to the record of the disciplinary action, including written findings of fact and conclusions;
(e) The right to administrative review and appeal under school policy;
(f) The right not to be compelled to testify against himself or herself; and
(g) The right to have an allegation of misconduct and related information expunged from the student's school record if the student is found not guilty of the charges.
In formal disciplinary proceedings, each school must consider victims' rights when appropriate.
(a) The victim's rights may include a right to:
(1) Participate in disciplinary proceedings either in writing or in person;
(2) Provide a statement concerning the impact of the incident on the victim; and
(3) Have the outcome explained to the victim and to his or her parents or guardian by a school official, consistent with confidentiality.
(b) For the purposes of this part, the victim is the actual victim, not his or her parents or guardians.
Each school must:
(a) Develop a student handbook that includes local school policies, definitions of suspension, expulsion, zero tolerance, and other appropriate terms, and a copy of the regulations in this part;
(b) Provide all school staff a current and updated copy of student rights and responsibilities before the first day of each school year;
(c) Provide all students and their parents or guardians a current and updated copy of student rights and responsibilities every school year upon enrollment; and
(d) Require students, school staff, and to the extent possible, parents and guardians, to confirm in writing that they have received a copy and understand the student rights and responsibilities.
Notwithstanding any other provision of law, no person is required to respond to, nor shall any person be subject to a penalty for failure to comply with a collection of information, subject to the requirements of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501
35 Stat. 72 (25 U.S.C. 295); Pub. L. 93-579, 88 Stat. 1896; Sec. 438, Pub. L. 93-380, as amended; Pub. L. 94-142.
43 FR 52024, Nov. 8, 1978, unless otherwise noted. Redesignated at 47 FR 13327, Mar. 30, 1982.
This part contains the regulations of the Bureau of Indian Affairs, U.S. Department of the Interior, governing the maintenance, control, and accessibility of student records. This part will apply to all educational institutions under the jurisdiction of the Bureau of Indian Affairs, whether operated under contract or otherwise.
As used in this part:
(a)
(b)
(c)
(d)
(e)
(1) Records of any educational personnel which are in the sole possession of the maker and which are not accessible or revealed to any other person except a substitute.
(2) Records made and maintained in the normal course of business which relate exclusively to persons who are employed in an educational institution but do not attend that institution.
(3) Directory information as given in § 43.20.
(4) Records on a student who is 18 years of age or older, or is attending an institution of post-secondary education, which are made or maintained by a physician, psychiatrist, psychologist, or other recognized professional or paraprofessional acting in his professional or paraprofessional capacity, or assisting in that capacity, and which are made, maintained, or used only in connection with the provision of treatment to the student, and are not available to anyone other than persons providing such treatment, except that such records can be personally reviewed by a physician or other appropriate professional of the student's choice.
The regulations in this part do not prevent educational institutions from giving noneligible students rights similar to those given to parents and eligible students. Educational institutions may do so at their discretion.
(a) Each educational institution to which this part applies and which maintains records on students shall inform parents or eligible students of the rights given them by this part.
(b) In meeting the requirement in paragraph (a) of this section the educational institution shall give notice to parents and eligible students at least annually of the following:
(1) The types of education records and information contained in them which are directly related to students and maintained by the institution.
(2) The name and position of the official responsible for maintaining each type of record, the persons who have access to those records, and the purpose for which they have access.
(3) The policies of the institution for reviewing and expunging those records.
(4) The procedures established by the institution under § 43.5.
(5) The procedures for challenging the content of education records including those in § 43.10.
(6) The cost, if any, which will be charged to the parent or eligible student for reproducing copies of records under § 43.5.
(7) The categories of information which the institution has designated as “directory information” under § 43.20.
(c) The notice given to a parent or eligible student under this section shall be in a language considered by the institution to be understandable by the parent or eligible student.
Educational institutions shall give parents of students or eligible students, who are or have been in attendance at the institutions, access to student records, except as stated in § 43.6.
Educational institutions are not required to make available to students the following materials:
(a) Financial records of the parents of the student or any information contained in those records.
(b) Confidential letters and statements of recommendations, which were placed in any student's record prior to January 1, 1975, and which are not used for purposes other than those for which they were specifically intended.
(c) Those records listed in § 43.2(e) which are exempt from the definition of
The right of access specified in § 43.5 shall include:
(a) The right to obtain a list of the types of student records which are maintained by the institution.
(b) The right to inspect and review the content of those records.
(c) The right to obtain copies of those records, the cost, if any, not to exceed the actual cost to the educational institution of reproducing the copies.
(d) The right to a response from the institution to reasonable requests for explanations and interpretations of those records.
(e) The right to an opportunity for a hearing to challenge the content of records.
(f) If any material or document in the record of a student includes information on more than one student, the right to inspect and review only that portion of such material or document as relates to that particular student or to be informed of the specific information contained in such part of such materials.
This part does not prevent educational institutions from destroying any records, if not otherwise prevented by law. However, access shall be granted under § 43.5 before destroying student records where the parent or eligible student has requested access. Only records which are no longer relevant or necessary may be destroyed, subject to § 43.23(c).
Each educational institution shall establish appropriate procedures for granting a request by parents for access to the records of their children, or by eligible students for access to their own records within a reasonable period of time. In no case shall access be withheld more than forty-five (45) days after the request has been made.
Each educational institution shall give parents of students and eligible students, who are or have been in attendance at the institution, an opportunity to challenge the content of the student's records to:
(a) Insure that the records are not inaccurate, misleading, or otherwise violating the privacy or other rights of students.
(b) Provide an opportunity for correcting or deleting any inaccurate, misleading, or otherwise inappropriate data in the record.
(c) Insert into such records a written comment by the parents or eligible students pertaining to the content of such records.
Educational institutions may attempt to resolve differences with the parent of a student or the eligible student regarding the content of the student's records through informal meetings and discussions with the parent or eligible student.
Upon the request of the educational institution, the parent, or eligible student, a hearing shall be conducted under the procedures adopted and published by the institution. Such procedures shall include at least the following elements:
(a) The hearing shall be conducted and decided within a reasonable period of time following the request for the hearing.
(b) The hearing shall be informal and a verbatim record of proceedings will not be required. Interpreters will be utilized when necessary.
(c) The hearing shall be conducted by an institutional official or other party who does not have a direct interest in the outcome of the hearing.
(d) The parents or eligible student shall be given a full and fair opportunity to present evidence relevant to the issues raised under § 43.10.
(e) Within a reasonable period of time after the hearing ends, the hearing official shall make his recommendation in writing to the head of the educational institution. Within 20 days after receipt of the recommendation, the head of the institution shall issue his decision in writing to the parent or eligible student.
If any parent or eligible student is adversely affected by the decision of the head of the institution, that party shall have appeal rights as given in 25 CFR part 2. However, each official decision shall be issued within 30 days from receipt of the appeal.
Educational institutions shall not permit access to or the release of student records or personally identifiable information contained in them, other than directory information of students, without the written consent of the parents or of an eligible student, to any party other than the following:
(a) Local school officials, including teachers within the educational institution, who have been determined by the institution to have legitimate educational interests in the records.
(b) Officials of other schools or school systems at which a student is interested in enrolling. The student or parent must be notified of such release except in cases involving Bureau of Indian Affairs schools. All Bureau of Indian Affairs schools are considered to be components of one school system whether operated under contract or otherwise.
(c) Persons having official involvement with a student's application for or grant of financial aid.
(d) Parents of a dependent student as defined in section 152 of the Internal Revenue Code of 1954, as amended.
(e) Accreditation agencies in order to carry out their accrediting functions.
(f) U.S. Office of Education officials and other governmental education officials when deemed necessary by the institution to carry out their official functions.
(g) An education testing center or similar institution as a part of its validation research which has been authorized by the school.
(h) In an emergency, any person to whom the information is necessary in the discretion of the school's administration in order to protect the student's health and safety, subject to § 43.17.
(i) Indian groups, contractors, grantees, professional social service organizations and personnel performing professional services, when necessary to carry out an official function authorized by the Bureau of Indian Affairs.
(j) Pursuant to the order of a court of competent jurisdiction; however, the parent or eligible student must be notified of such order in advance of compliance therewith by the educational institution.
The consent of a parent or eligible student requested under this part for the release of student records shall be in writing, signed and dated by the person giving the consent. The consent shall include:
(a) A specification of the records to be released.
(b) The reasons for release.
(c) The names of the parties to whom the records will be released.
Where the consent of a parent or eligible student is required under this part for the release of student records, a copy of the records to be released shall be provided on request to:
(a) The student's parents or the eligible student.
(b) The student who is not an eligible student, if desired by the parents.
(a) Educational institutions may release information from student records to appropriate persons in an emergency if the information is necessary to protect the health or safety of a student or other person. The factors to be used in determining whether records may be released under this section include the following:
(1) The seriousness of the threat to the health or safety of the student or other persons.
(2) The need for those records to meet the emergency.
(3) Whether the persons to whom the records are released are in a position to deal with the emergency.
(4) The extent to which time is of the essence in dealing with the emergency.
(a) Each educational institution shall maintain a record kept with the student records of each student, which will indicate all parties other than those specified in § 43.14 which have requested or obtained access to those records and which will indicate specifically the legitimate interest that each party had in obtaining this information.
(b) A record of access shall be available only to:
(1) Parents or eligible students.
(2) The school official and his or her assistants who are responsible for the custody of such records.
(3) Persons or organizations authorized in and under the conditions of § 43.14.
(a) Educational institutions shall not release personal information on a student except on the condition that the party to which the information is being transferred will not permit any other party to have access to the information without the written consent of the parents or of the eligible students.
(b) With any information released to a party under paragraph (a) of this section, educational institutions shall include a written statement which informs the party of the requirement in paragraph (a) of this section.
(a) Any educational institution making public directory information shall make a reasonable effort to individually notify the parent or eligible student of the categories of information which it has designated as directory information. The institution shall allow a reasonable period of time after notice has been given for a parent or eligible student to inform the institution that any or all of the information designated should not be released without the prior consent of the parent or eligible student.
(b) Directory information may include the following: A student's name, address, telephone listing, date and place of birth, major field of study, participation in officially recognized activities and sports, weight and height of members of athletic teams, dates of attendance, degrees and awards received, and the most recent previous educational agency or institution attended by the student, tribe, agency, area, name of parent, sex, and classification (grade). No other information may be included. Educational institutions have the right to limit the content of directory information.
(a) Records shall contain only information about an individual which is relevant and necessary to accomplish a purpose of the Bureau required to be accomplished by statute or Executive order of the President.
(b) Student records which are used in making any determination about any student shall be maintained with such accuracy, relevance, timeliness, and completeness as is reasonably necessary to assure fairness to the student in making the determination.
(c) Information which may be used in determining a student's rights, benefits, and privileges under Federal programs shall be collected directly from the student or his parents, to the greatest extent practicable. In deciding whether collection of information from a parent or eligible student, as opposed to a third-party source is practicable, the following factors among others may be considered:
(1) Whether the nature of the information sought is such that it can only be obtained from a third party.
(2) Whether the cost of collecting the information from the parent or student is unreasonable, when compared with the cost of collecting it from a third party.
(3) Whether there is a risk that information collected from third parties, if inaccurate, could result in an adverse
(4) Whether the information, if supplied by the parent or student, would have to be verified by a third party.
(5) Whether provisions can be made for verification by the parent of student of information collected from third parties.
(d) Each individual parent or eligible student who is asked to supply information about himself which will be added to a system of student records shall be notified of the basis for requesting the information, how it may be used, and what the consequences, if any, are of not supplying the information. At a minimum, the notice to the parent or eligible student must state:
(1) The authority (whether granted by statute or Executive Order of the President) which authorizes requesting the information and whether disclosure of such information is mandatory or voluntary.
(2) The principle purpose or purposes for which the information is intended to be used.
(3) The routine uses which may be made of the information.
(4) The effects, if any, of not providing all or any part of the requested information.
(e) When information is collected on a standard form, the notice to the parent or eligible student shall be on the form or on a tear-off sheet attached to the form or on a separate sheet, whichever, is most practical.
(f) When information is collected by an interviewer, the interviewer shall provide the parent or eligible student with a written notice which the individual may retain. If the interview is conducted by telephone, however, the interviewer may summarize the notice for the individual and need not provide a copy to the individual unless the individual requests that a copy be mailed to him.
(g) A parent or eligible student may be asked to acknowledge, in writing, that he has been given the notice required by this section.
(h) No student records may be maintained describing how any individual exercises rights guaranteed by the first amendment to the Constitution unless:
(1) Expressly authorized by statute or by the individual about whom the student record is maintained; or
(2) Pertinent to and within the scope of an authorized law enforcement activity.
(a) Student records shall be maintained with appropriate administrative, technical and physical safeguards to insure the security and confidentiality of records and to protect against any anticipated threats or hazards to their security or integrity which could result in substantial harm, embarrassment, inconvenience, or unfairness to any individual on whom information is maintained.
(b) When maintained in manual form, student records shall be maintained, at a minimum, subject to the following safeguards, or safeguards giving comparable protection:
(1) Areas in which the student records are maintained or regularly used shall be posted with an appropriate warning, stating that access to the records is limited to authorized persons. The warning shall also summarize the requirements of § 43.23 and state that employees may be subject to a criminal penalty for the unauthorized disclosure of student records.
(2) During working hours, the area in which the student records are maintained or regularly used shall be occupied by authorized personnel, or access to the student records shall be restricted by their storage in locked metal file cabinets or a locked room.
(3) During nonworking hours, access to the student records shall be restricted by their storage in locked metal file cabinets or a locked room.
(4) Where a locked room is the method of security provided for a system, the educational institution responsible for the system shall, no later than December 31, 1978, supplement that security by:
(i) Providing lockable file cabinets or containers for the student records, or
(ii) Changing the lock or locks for the room so that they may not be opened with a master key. For the purpose of this paragraph, a master is a key which may be used to open rooms
(c) When maintained in computerized form, student records shall be maintained, at a minimum, subject to safeguards based on those recommended in the National Bureau of Standards' booklet, “Computer Security Guidelines for Implementing the Privacy Act of 1974” (May 30, 1975), and any supplements to it, which are adequate and appropriate to assure the integrity of records in the system.
(d) The education institution responsible for a system of student records shall be responsible for assuring that specific procedures are developed to assure that the student records in the system for which it is responsible are maintained with security meeting the regulations in this section. These procedures shall be in writing and shall be posted or otherwise periodically brought to the attention of employees working with the student records contained in the system.
(a) Employees whose duties require handling of student records shall, at all times, take care to protect the integrity, security, and confidentiality of these records.
(b) No employee of the educational institution may disclose student records unless disclosure is permitted under § 43.14 or made to the parent of the student or eligible student to whom the record pertains.
(c) No employee of the educational institution may alter or destroy a student record, unless:
(1) Alteration or destruction is properly undertaken in the course of the employee's regular duties, or
(2) Alteration or destruction is required by an authorized administrative decision or the decision of a court of competent jurisdiction.
(d) The educational institution responsible for a system of student records shall be responsible for assuring that employees with access to the system are made aware of the requirements of this section.
Public Law 107-110, Title 10, Part D, the Native American Education Improvement Act, 115 Stat. 2007; Part B, Section 1138, Regional Meetings and Negotiated Rulemaking, 115 Stat. 2057.
70 FR 22219, Apr. 28, 2005, unless otherwise noted.
In making a grant under this part the Secretary will use only:
(a) The Tribally Controlled Schools Act;
(b) The regulations in this part; and
(c) Guidelines, manuals, and policy directives agreed to by the grantee.
This part does not:
(a) Affect in any way the sovereign immunity from suit enjoyed by Indian tribes;
(b) Terminate or change the trust responsibility of the United States to any Indian tribe or individual Indian;
(c) Require an Indian tribe to apply for a grant; or
(d) Impede awards by any other Federal agency to any Indian tribe or tribal organization to administer any Indian program under any other law.
The Secretary can make grants to Indian tribes and tribal organizations that operate:
(a) A school under the provisions of 25 U.S.C. 450
(b) A tribally controlled school (including a charter school, community-generated school or other type of school) approved by tribal governing body; or
(c) A Bureau-funded school approved by tribal governing body.
A grant can be terminated only by one of the following methods:
(a) Retrocession;
(b) Revocation of eligibility by the Secretary; or
(c) Reassumption by the Secretary.
(a) To retrocede a program, the tribal governing body must:
(1) Notify the Bureau in writing, by formal action of the tribal governing body; and
(2) Consult with the Bureau to establish a mutually agreeable effective date. If no date is agreed upon, the retrocession is effective 120 days after the tribal governing body notifies the Bureau.
(b) The Bureau must accept any request for retrocession that meets the criteria in paragraph (a) of this section.
(c) After the tribal governing body retrocedes a program:
(1) The tribal governing body decides whether the school becomes Bureau-operated or contracted under 25 U.S.C. 450
(2) If the tribal governing body decides that the school is to be Bureau-operated, the Bureau must provide education-related services in at least the same quantity and quality as those that were previously provided.
(a) In order to revoke eligibility, the Secretary must:
(1) Provide the tribe or tribal organization with a written notice;
(2) Furnish the tribe or tribal organization with technical assistance to take remedial action; and
(3) Provide an appeal process.
(b) The Secretary cannot revoke an eligibility determination if the tribe or tribal organization is in compliance with 25 U.S.C. 2505(c).
(c) The Secretary can take corrective action if the school fails to be accredited by January 8, 2005.
(d) In order to revoke eligibility for a grant, the Secretary must send the tribe or tribal organization a written notice that:
(1) States the specific deficiencies that are the basis of the revocation or reassumption; and
(2) Explains what actions the tribe or tribal organization must take to remedy the deficiencies.
(e) The tribe or tribal organization may appeal a notice of revocation or reassumption by requesting a hearing under 25 CFR part 900, subpart L or P.
(f) After revoking eligibility, the Secretary will either contract the program under 25 U.S.C. 450
The Secretary may only reassume a program in compliance with 25 U.S.C. 450m and 25 CFR part 900, subpart P. The tribe or school board shall have a right to appeal the reassumption pursuant to 25 CFR part 900, subpart L.
(a) The Secretary makes two annual grant payments.
(1) The first payment, consisting of 80 per cent of the amount that the grantee was entitled to receive during the previous academic year, must be made no later than July 1 of each year; and
(2) The second payment, consisting of the remainder to which the grantee is entitled for the academic year, must be made no later than December 1 of each year.
(b) For funds that become available for obligation on October 1, the Secretary must make payments no later than December 1.
(c) If the Secretary does not make grant payments by the deadlines stated in this section, the Secretary must pay interest under the Prompt Payment Act. If the Secretary does not pay this interest, the grantee may pursue the remedies provided under the Prompt Payment Act.
(a) If the Secretary has mistakenly overpaid the grant recipient, then the Secretary will notify the grant recipient of the overpayment. The grant recipient must return the overpayment within 30 days after the final determination that overpayment occurred.
(b) When the grant recipient returns the money to the Secretary, the Secretary will distribute the money equally to all schools in the system.
(a) The following provisions of 25 CFR part 900 apply to grants under the Tribally Controlled Schools Act.
(1) Subpart F; Standards for Tribal or Tribal Organization Management Systems, § 900.45.
(2) Subpart H; Lease of Tribally-owned Buildings by the Secretary.
(3) Subpart I; Property Donation Procedures.
(4) Subpart N; Post-award Contract Disputes.
(5) Subpart P; Retrocession and Reassumption Procedures.
(b) To resolve any disputes arising from the Secretary's administration of the requirements of this part, the procedures in subpart N of part 900 apply if the dispute involves any of the following:
(1) Any exception or problem cited in an audit;
(2) Any dispute regarding the grant authorized;
(3) Any dispute involving an administrative cost grant;
(4) Any dispute regarding new construction or facility improvement or repair; or
(5) Any dispute regarding the Secretary's denial or failure to act on a request for facilities funds.
Yes, the Federal Tort Claims Act applies to grantees.
Notwithstanding any other provision of law, no person is required to respond to, nor shall any person be subject to a penalty for failure to comply with a collection of information, subject to the requirements of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501
43 U.S.C. 1457; 25 U.S.C. 2, 9, 13.
62 FR 44081, Aug. 19, 1997, unless otherwise noted.
The purpose of the Adult Education Program is to:
(a) Improve educational opportunities for Indian adults who lack the level of literacy skills necessary for effective citizenship and productive employment;
(b) Expand and improve existing programs for delivering adult education services, including delivery of these services to educationally disadvantaged Indian adults; and
(c) Encourage the establishment of adult education programs that will:
(1) Enable Indian adults to acquire adult basic educational skills necessary for literate functioning;
(2) Provide Indian adults with sufficient basic education to enable them to benefit from job training and retraining programs and to obtain and retain productive employment so that they might more fully enjoy the benefits and responsibilities of citizenship; and
(3) Enable Indian adults, who so desire, to continue their education to at least the level of completion of adult secondary education.
As used in this part:
(1) Has minimal competence in reading, writing, and computation;
(2) Cannot speak, read, or write the English language sufficiently to allow employment commensurate with the adult's real ability;
(3) Is not sufficiently competent to meet the educational requirements of an adult consumer; or
(4) In grade level measurements that would be designated as grades 0 through 8.
(1) Lack sufficient mastery of basic educational skills to enable them to function effectively in society, or
(2) Do not have a certificate of graduation from a school providing secondary education and have not achieved a GED.
(1) Is literate and can function in everyday life, but is not proficient as a competitive consumer or employee; or
(2) Does not have a certificate of graduation (or its equivalent) from a school providing secondary education and in grade level measurements that would be designated as grades 9 through 12.
Information collection requirements contained in this part have been approved by the Office of Management and Budget under 44 U.S.C. 3501
(a) Subject to availability of funds, funds appropriated for the BIA's Adult Education Program may be used to support local projects or programs designed to:
(1) Enable Indian adults to acquire basic educational skills, including literacy;
(2) Enable Indian adults to continue their education through the secondary school level;
(3) Establish career education projects intended to improve employment opportunities;
(4) Provide educational services or instruction for elderly, disabled, or incarcerated Indian adults;
(5) Prepare individuals to benefit from occupational training; and
(6) Teach employment-related skills.
(b) Funds should not be used to support programs designed solely to prepare Indian adults to enter a specific occupation or cluster of closely related occupations.
(c) The Adult Education Program must be implemented in accordance with a plan established by the tribe(s) affected by the program. The tribe(s) may determine to set standards in addition to those established in this part.
(a) The Adult Education Office will implement the program or project that is designed to address the needs of the Indian adults in the service area. To determine the needs of Indian adults in the area, the Adult Education Office must consider:
(1) Elementary/secondary school dropout or absentee rates;
(2) Average grade level completed;
(3) Unemployment rates; and
(4) Other appropriate measures.
(b) The Adult Education Office, to ensure efforts that no duplication of services exists, will identify other services in the area, including those offered by Federal, State and Tribal entities, that are designed to meet the same needs as those to be addressed by the project, and the number of Indian adults who receive those services.
(c) The Adult Education Office must establish and maintain an evaluation plan.
(1) The plan must be designed to measure the project's effectiveness in meeting each objective and the impact of the project on the adults involved; and
(2) The plan must provide procedures for periodic assessment of the progress of the project and, if necessary, modification of the project as a result of that assessment.
(d) Subject to the availability of funds, the project is to be supported under the funding level established for Adult Education in the formulation of the budget under the TPA process.
(a) The Adult Education Office will annually submit a report on the previous project year's activities to the Director, Office of Indian Education Programs. The report must include the following information:
(1) The type of eligible activity, under § 46.10, conducted under the project(s);
(2) The number of participants acquiring the GED, high school diploma, and other certificates of performance; and
(3) A narrative summary of the activities conducted under the project.
(b) Each Adult Education Office must:
(1) Submit any records and information that the Director requires in connection with the administration of the program; and
(2) Comply with any requirements that the Director may impose to ensure the accuracy of the reports required by this part.
Pub. L. 107-110, 115 Stat. 1425.
70 FR 22221, Apr. 28, 2005, unless otherwise noted.
This part contains the requirements for developing local educational financial plans that Bureau-operated schools need in order to receive direct funding from the Bureau of Indian Affairs under section 1127 of the Act.
(1) Programs dollars for educational services for a particular Bureau-operated school; and
(2) Has been ratified in an action of record by the local school board or determined by the superintendent under the appeals process in 25 CFR part 2.
The Office of Indian Education Programs (OIEP) will notify each Bureau-operated school in writing of the annual funding amount it will receive as follows:
(a) No later than July 1 OIEP will let the Bureau-operated school know the amount that is 80 percent of its funding; and
(b) No later than September 30 OIEP will let the Bureau-operated school know the amount of the remaining 20 percent.
By July 1 of each year OIEP will make available for obligation 80 percent of the funds for the fiscal year that begins on the following October 1.
Each Bureau-operated school's school supervisor has the responsibilities in this section. The school supervisor must do all of the following:
(a) Ensure that the Bureau-operated school spends funds in accordance with the local educational financial plan, as ratified or amended by the school board;
(b) Sign all documents required to obligate or pay funds or to record receipt of goods and services;
(c) Report at least quarterly to the local school board on the amounts spent, obligated, and currently remaining in funds budgeted for each program in the local educational financial plan;
(d) Recommend changes in budget amounts to carry out the local educational financial plan, and incorporate these changes in the budget as ratified by the local school board, subject to provisions for appeal and overturn; and
(e) Maintain expenditure records in accordance with financial planning system procedures.
The Comptroller General, the Assistant Secretary, the Director, or any of their duly authorized representatives have access for audit and explanation purposes to any of the local school's accounts, documents, papers, and records which are related to the Bureau-operated schools' operation.
Each Bureau-operated school must spend all allotted funds in accordance with applicable Federal regulations and local education financial plans. If a Bureau-operated school and OIEP region or Agency support services staff disagree over expenditures, the Bureau-operated school must appeal to the Director for a decision.
The local Bureau-operated school supervisor develops the local educational financial plan in active consultation with the local school board, based on the tentative allotment received.
(a) The local educational financial plan must include:
(1) Separate funds for each group receiving a discrete program of services is to be provided, including each program funded through the Indian School Equalization Program;
(2) A budget showing the costs projected for each program; and
(3) A certification provision meeting the requirements of paragraph (b) of this section.
(b) The certification required by paragraph (a)(3) of this section must provide for:
(1) Certification by the chairman of the school board that the plan has been ratified in an action of record by the board; and
(2) Certification by the Education Line Officer that he or she has approved the plan as shown in an action overturning the school board's rejection or amendment of the plan.
(a) The following deadlines apply to development of the local educational financial plan:
(1) Within 15 days after receiving the tentative allotment, the school supervisor must consult with the local school board on the local educational financial plan.
(2) Within 30 days of receiving the tentative allotment, the school board must review the local educational financial plan and, by a quorum vote, ratify, reject, or amend, the plan.
(3) Within one week of the school board action under paragraph (a)(2) of this section, the supervisor must either:
(i) Send the plan to the education line officer (ELO), along with the official documentation of the school board action; or
(ii) Appeal the school board's decision to the ELO.
(4) The ELO will review the local educational financial plan for compliance with laws and regulations and may refer the plan to the Solicitor's Office for legal review. If the ELO notes any problem with the plan, he or she must:
(i) Notify the local board and local supervisor of the problem within two weeks of receiving the plan;
(ii) Make arrangements to assist the local school supervisor and board to correct the problem; and
(iii) Refer the problem to the Director of the Office of Indian Education if it cannot be solved locally.
(b) When consulting with the school board under paragraph (a)(1) of this section, the school supervisor must:
(1) Discuss the present program of the Bureau-operated school and any proposed changes he or she wishes to recommend;
(2) Give the school board members every opportunity to express their own ideas and views on the supervisor recommendations; and
(3) After the discussions required by paragraphs (b)(1) and (b)(2) of this section, present a draft plan to the school board with recommendations concerning each of the elements.
(c) If the school board does not act within the deadline in paragraph (a)(2) of this section, the supervisor must send the plan to the ELO for ratification. The school board may later amend the plan by a quorum vote; the supervisor must transmit this amendment in accordance with paragraph (a)(3) of this section.
A Bureau-operated school may use funds that it receives under this part as matching funds for other Federal programs.
Notwithstanding any other provision of law, no person is required to respond to, nor shall any person be subject to a penalty for failure to comply with, a collection of information subject to the requirements of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501