DOCUMENT RESUME
ED 344 714 RC 018 600
TITLE Educating the American Indian/Alaska Native Family. 16th Annual Report to the United States Congress. Fiscal Year 1989. INSTITUTION National Advisory Council on Indian Education, Washington, D.C. PUB DATE 90 NOTE 379p. PUB TYPE Viewpoints (Opinion/Position Papers, Essays, etc.) (120) -- Reports - Descriptive (141) -- Statistical Data (110)
EDRS PRICE liF01/PC16 Plus Postage. DESCRIPTORS Adult Basic Education; *Alaska Natives; *American Indian Education; American Indians; *Educational Assessment; Elementary Secondary Education; *Federal Indian Relationship; *Federal Programs; Government Publications; Government Role; Higher Education; Program Evaluation IDENTIFIERS *National Advisory Council on Indian Education
ABSTRACT This document describes activities and presents recommendations of the National Advisory Council on Indian Education (NACIE) for fiscal year 1989. NACIE activities included: (1) development of regulations and administrative practices and policies; (2) review of applications for assistance under the Indian Education Act of 1988;(3) evaluation of all federal programs and projects that benefit Indian students;(4) publication of the NACIE Newsletter to provide technical assistance and to disseminate information; (5) submission of recommendations to the Secretary of Education on proposed federal regulations;(6) submission of a list of nominees for the Director of the Office of Indian Education; and (7) submission of the NACIE 15th Annual Report to Congress. Updates of education statistics reflect trends in elementary, secondary, and postsecondary Indian Education. Recommendations for educating the American Indian/Alaska Native family, in line with the national education goals, incorporate the concerns and opinions of Indian and Alaskan educators and leaders. Appendices include: (1) dates and places of NACIE meetings;(2) list of Indian Education Act fellowship recipients for 1989;(3) profiles of programs beneiiting Indian/Alaska Native students for 1989;(4) nominees and winners of the National Leadership and Achievement Program for Outstanding Alaska and American Indian Youth for 1989;(5) abstracts on nine projects selected for the 1989 Office of Indian Education Showcase of Effective Projects (Title V); and (6) the text of Title V; and a copy of the sections of the Code of Federal Regulations relating to Indian Education. (LP)
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Sir U.111. DEPARTMINT Of IDUCATION - (Ace of Educationel Research and lisproyement A EDUCATIONAL RESOURCES INFORMATION AI& CENTER (ERIC) /Thisdocument has been reproduced as received from lb* person or organization Tr( ongutating it Alaska No we Family" 0 Minor changes have been made to imptoye reproduction quality
Points of wow or opinions slated in this doctr merit do not necessardy mpresent official /111111ma-1 OERI posit*n of policy C
16th Annual Report to the United States Congress Fiscal Year 1989 tol
NAtIONAL ADVISORY cpuNCIL ON DIAN EDUCATION
9 BEST COPYAIMILAili PRESIDENTIAL APPOINTEES IN FISCAL YEAR 1989 provided in t se members continue to serve until the President appoints their successors.
Chairperson: Eddie L. TUllis (Creek) Gloria A. Duus (Navajo) Dr. Helen M. Scheirbeck (Lumbee) Tribal Chairman U.S. Department of Labor North Carolina Indian Cult. Center Poarch Band of Creeks Women's Bureau, OPTA/DPTA P.O. Box 1285 Star Route A, Box 105-A Room S-3317 Pembroke, NC 28372 Atmore, AL 36502 200 Constitution Ave. NW. Term expires 9/29/90 Term expires 9/29/88 Washington, DC 20210 Term expires 9/29/90 Jim Shore (Seminole) Ronald P. Andrade (Luiseno-Diegueno) General Counsel U.S. Department of Energy Joan K. Harte (Menominee) Seminole Tribe of Florida Office of Minority Economic Impact liTIEL:FT5Te Board of Education 6073 Stirling Road 1000 Independence Ave. SW., Room 5B110 100 West Randolph Street, 14-300 Hollywood, FL 33024 Washington, DC 20585 Chicago, IL60601 Term expires 9/29/91 Term expires 9/29/90 Term expires 9/29/91
Andrea L. Barlow (Shoshone-Bannock) James A. HUnt (Lumbee) Clarence W. Skye (Sioux) .1373 Laughran Road Assistant County Supervisor Executive Director Pocatello, ID 83202 Farmers Home Administration United Sioux Tribes of South Dakota Term expires 9/29/89 40C East 2nd Street P.O. Box 1193 Lumberton, NC 28358 Pierre, SD 57501 Louis R. Bruce (Mbhawk-Sioux) Term expires 9/29/89 Term expired 1/17/89 Native American Consultants, Inc. 725 Second St. NE. Omar J. Lane (Creek) Washington, DC 20002 1410 Sandpiper Circle #7 Darius "Kanie" St. Paul (Colville) Resigned 3/24/89 Salt Lake City, UT 84117 SuperintenTal Term expires 9/29/89 Paschal Sherman Ind:an School Robert Chiago (Navajo-Pima) Omak Lake Road Director, Department of Education W.L. "Buck" Martin (Stockbridge-Miinsee) Omak, WA 98841 Salt River Pima-Maricopa NITicy and Intergov'tal Relations Advisor Term expires 9/29/91 Indian Community Governor's Office Rt. 1, Box 216 State Capitol, Room 115 East Robert Youngdeer (Cherokee) Scottsdale, AZ 85256 Madison, WI 53702 Principal Chief Term expires 9/29/89 Term expires 9/29/90 Eastern Band of Cherokee P.O. Box 455 Marie Cox (Comanche) Dr. Mar aret F. Nelson (Cherokee) Cherokee, NC 28719 3201 Shadybrook Drive 508 seneca Term expired 1/18/89 Midwest City, OK 73110 Tahlequah, OK 74464 Term expires 9/29/89 Term expires 9/29/90
NACIE STAFF: Jo Jo Hunt (Lumbee), Executive Director Denise Bambi Kraus (Tlingit), Legislative Pon:), Analyst John W. Cheek (Creek), Education Program SpeciJlist Mary Evelyn Mahsetky (Cherokee/Kickapoo), Staff Assistant EDUCATING THE AMERICAN INDIAN/ALASKA NATIVE FAMILY
N I E
NATIONAL ADVISORY COUNCIL ON INDIAN EDUCATION
16th ANNUAL REPORT TO THE UNITED STATES CONGRESS
FISCAL YEAR 1989
National Advisory Council on Indian Education 330 "C" Street SW., Room 4072 Switzer Building Washington, DC20202-7556 202-732-1353
ANNUAL REPORT COMMITTEE Members: Robert K. Chiago, Chairperson Dr. Helen M. Scheirbeck Mrs. Andrea L. Barlow 16th Anntim_alRe rt
CONTEMS 11his
Letters of Transmittal
1 Part I Introduction Authority and Functions of the Council 3 4 Council Committees
Part II Council Activities in Fiscal Year 1989 12 Part III Update of Indian Education Statistics 13 Indian/Alaska Native Participation in U.S.Education 27 Financing the Indian and AlaskaNative Education Effort 41 Participation by Indians/AlaskaNatives in Selected Federal Programs 56 American Indians/Alaska Natives andAcademic Achievement 62 American Indians/Alaska Natives andFinancial Aid 70 American Endians Employed in EducationalPositions
79 Part IV Educating the American Indian/AlaskaNative Family 84 Part V Recommendations 93 A Dates and Places of Meetings Appendix 95 B List of Fellowship Recipients Appendix 98 Secondary School RecognitionAwards AppendixC 99 Profiles of Programs BenefitingIndian/Alaska Native Students . - AppendixD 109 EOutstanding Indian/Alaska NativeYouth Program Appendix 111 Indian Education Showcase Projects AppendixF 133 AppendixG Title V of Public Law 100-297 AppendixH Public Law 100-427, An Act toMake Clarifying, Corrective, and ConformingAmendments to Laws Relating 164 to Indian Education, andfor Other Purposes Regulations 171 AppendixI Office of Indian Diucation Program LIST OF TABLES
Page
Table 1 -- Distribution of American Indian/Alaska Native Students 14 Table 2 -- 20-Year Elementary/Secondary & Postsecondary Enrollment Trends For All Students 15 Table 3 -- Public, Private, and NCEA K-12 Populations 16 Table 4 -- American Indian/Alaska Native Participation in NCEA Schools 17 Table 5 -- Indian Student Enrollment in Higher Education Institutions 18 Table 6 -- American Indians/Alaska Natives in the United States, 1980 to 1988 19 Table 7 -- Tribal College Enrollment, 1981 to 1989 20 Table 8 -- American Indian/Alaska Native Degree Recipients in Higher Education, Various Years 21 Table 9 -- Indian/Alaska Native Graduation Rates by Field of Study- Bachelor's 23 Table 10 -- Indian/Alaska Native Graduation Rates by Field of Study- Master's 25
Table 11 -- Trxdian/Alaska Native Graduation Rates by Field of Study- Doctorate 8 26
Table 12 -- FA Zducation Appropriations for Fiscal Years 1988 and 1989 e . 27 Table 13 -- GLwe of Indian Education Appropriations for Fiscal Years 1988 and 1989 28 Table 14 -- American Indian/Alaska Native Participants in Indian Education Act Subpart 1 Formula Grant Program by State- Local Educational Agencies and BIA/Tribal Schools, Fiscal Year 1989 31 Table 15 -- Indian Education Act Subpart 1 - Indian-Controlled Schools Discretionary Grant Awards by State, Fiscal Year 1989 33 Table 16 -- Indian Education Act Subpart 2 - Discretionary Grant Awards Fiscal Year 1989 35 Table 17 -- Indian Education Act Subpart 2 - Discretionary Grant Awards Fiscal Year 1989 by Category 36 Table 18 -- Indian Education Act Subpart 3 - Discretionary Grant Awards Fiscal Year 1989 by Category and by State 38 Table 19 -- American Indians/Alaska Natives Participating in Chapter 1 During Fiscal Year 1988 by State 42
Table 20 -- American Indian/Alaska Native Participation in Chapter 1 1986 to 1989 0 . 43 Table 21 -- American Indians/Alaska Natives Generating Funds to School Districts Under Impact Aid 45 Table 22 -- BIA Johnson-O'Malley Educational Assistance Program Fiscal Year 1989 Data by State 46 Table 23 -- Comparison of American Indians/Alaska Natives Enrolled in State-Administered Adult Education Programs 47
Table 24 -- ABE/GED Indian/Alaska Native Participants in State-Administered Programs. . . 49 Table 25 -- Office of Indian Education, Education Services for Indian Adults SO Table 26 -- Bureau of Indian Affairs Adult Education Program 51 ii LIST OF TABLES Continued ftge
by Area Office 52 Table 27 -- BIA Adult Education Programs 54 Indian Vocational EducationFunding History Table 28 -- 57 SAT Averages by Ethnic Gnaup,1978-1985 and 1987-1989 Table 29 -- 58 Number of SAT Test-Takers Table 30 -- 59 Table 31 -- American College Testing Program Average ACT Scores by Subject 6C Table 32 -- American Indian/Alaska Native 60 Scores by Subject Table 33 -- All Students Average ACT 63 BIA Higher Education GrantProgram Table 34 -- 64 BIA Special Higher EducationGraduate Scholarship Program Table 35 -- 66 Table 36 -- Indian Fellowship Recipients,Office of Indian Education . . . 67 Table 37 -- Indian Health ServiceScholarship Program ...... 68 Undergraduates Enrolled in theFall of 1986 Who Were AwardedFederal Aid. Table 38 -- 71 Employed Full-Time in K-12Schools, 1986. . Table 39 -- American Indians/Alaska Natives American Indians/Alaska NativesEmployed in Higher Education Table 40 -- 73 Institutions, 1985 Native Faculty by Rank andSex, United States . 76 Table 41 -- 1983 American Indian/Alaska Full-Time Regular Faculty byRace/Ethnicity, Table 42 -- Percentage Distribution of Area, Fall 1987 . . . 77 Type and Control ofInstitution, and Department Program
LIST OF FIGURES
timmumis 111=111111. pas
Subpart 1 Grantee/Student Participants FY1989, Indian Education Act Figure 1 -- 29 Formula Grants 30 Figure 2 -- Indian Education Act, Subpart1 (1973-89 Appropriations) Appropriations) 34 Figure 3 -- Indian Education Act, Subpart2 (1973-89 Appropriations) 37 Figure 4 -- Indian Education Act,Subpart 3 (1973-89 Appropriations) 39 Figure 5 -- Indian Education Act,Subpart 4 (1973-89 Budget) 40 Figure 6 -- Indian Education Act, FiscalYears 1973-89 (Total NATIONAL 330 C Street, S.W., Room 4072 ADVISORY COUNCIL Washington, D.C. 20202-7556 ON INDIAN EDUCATION (202) 732-1353
March 31, 1990
The Honorable J. Danforth Quayle President of the Senate Washington, DC 20510
Dear Mr. President:
The National Advisory Council on Indian Education (NACIE) hereby submits its 16th AnnualReportforFiscal Year 19892 "Educating theAmerican Indian/Alaska Native Family." This report is required bysection 5342 of PublicLaw 100-297, which authorizes the Council and mandates its functions.
In fiscal year 1989, Council Members met on several occasions with Indian and Alaska Native educators and leaders to hear their concerns and opinions on variousIndian education issues. These views are reflected in the recommendations made by the Council in this report. It isimportant to note that Indian and Alaska Native people are concerned about the quality of education of Indian and Alaska Native students in public schools, Bureau of Indian Affairs-operated schools, and tribally-operated schools; about the operational funding needs of these schools; and about the construction needs of these schools. In addition, there are concerns about the need for stable funding for tribal colleges for both operations and construction. The area of adult education affects the entire Indian or Alaska Native family, and inadequate resources have been committed to Indian and Alaska Native communities both from Indian education sources and federal adult education sources. Vocational-technical education and higher education/scholarship issues also concern Indian and Alaska Native people.
The National Advisory CouncilonIndian Education appreciatestheconcern and efforts of both the Congress and the Administration over the years in Indian and Alaska Native education. The diverse Indian and Alaska Native population lives on reservations,in urban areas,and in rural nonreservation areas; includes members of tribes and villages which have a special government-to-government relationship with the United States, as well as state recognized and terminated tribes; and also includes communities in various stages of development. However,they all have in common the concern for the future of the American Indian or Alaska Native familyand the role education will play in preparing the family for the 21st century. An increase in the educational attainment of an Indian or Alaska Native adult will greatly affect the entire family,as a risein the educational attainment of students will eventually affect the entire community. Although progress has been made, the current education level ofthe Indian and Alaska Native population stillranksat the bottom ofthe American population; consequently,there must bea very special effort made by the federal, state, and tribal governments as well as individual teachers, administrators, parents, and others to assist this population.
Sincerely,
;749 at ." Eddie L. Tullis Chairman 1
A Presidential CouncilEstablished by Congress NATIONAL 330 C Street, S.W., Room 4072 ADVISORY COUNCIL Washington, D.C. 20202-7556 ON INDIAN EDUCATION (202) 732-1353
40..-...0.40.41--1;,1March 31, 190-
The Honorable Thomas F. Foley Speaker of the House of Representatives Washington, DC 20515
Dear Mr. Speaker:
The National Advisory Council OY Aian Education (NACIE) hereby submits its 16th AnnualReport forFiscalYear "Educating theAmerican Indian/AlaskaNative Family." This report is requil / section 5342 of Public Law100-297, which authorizes the Council and mandates functions.
In fiscal year 1989, Council Members met on several occasions with Indian and Alaska Native educators and leaders to hear their concerns and opinionson variousIndian education issues. These views are reflected in the recommendations made by the Council in this report. Itisimportant to note that Indian and Alaska Native people are concerned about the quality of ucation of Indian and Alaska Native students in public schools, Bureau of Indian Affal-s-operated schools, and tribally-operated schools; about the operational funding needs of these schools; and about the construction needs of these schools. In addition, there are concerns about the need for stable funding for tribal colleges for both operations and construction. The area of adult education affects the entire Indian or Alaska Native family, and inadequate resources have been committed to Indian and Alaska Native communities both from Indian educationsources and federal adult education sources. Vocational-technical education and higher education/scholarship issues also concern Indian and Alaska Native people.
The National Advisory CouncilonIndian Education appreciates theconcern and efforts of both the Congress and the Administration over the years in Indian and Alaska Native education. The diverse Indian and Alaska Native population lives on reservations,in urban areas, and in rural nonreservation areas; includes members of tribes and villages which have a special government-to-government relationship with the United States, as well as state recognized and terminated tribes; and also includes communities in various stages of development. However, they all have in common the concern for the future of the American Indian or Alaska Native family and the role education will play in preparing the family for the 21st century. An increase in the educational attainment of an Indian or Alaska Native adult will greatly affect the entire family,asa rise in the educational attainment of students will eventually affect the entire community. Although progress has been made, the current education level ofthe Indian and Alaska Native population still ranks at the bottom of the American population; consequently,there must be a very special effort made by the federal, state, and tribal governments as well as individual teachers, administrators, parents, and others to assist this population. z-_,/ Eddie L. TUllis
Chairman . .)
A Presidential Council Established by Congress In Memor i am
LOUIS ROOKS BRUCE (Mohawk-Sioux)
1905-1989
The Members and staff of the National AdvisoryCouncil on IndianEducation respectfully pay tribute to former Commissioner of Indian Affairs Louis R. Bruce, a respected and loved Kember of the Council untilhisresignation in March1989dueto prolongedillness. His death in MAy 1989 left a long legacy of contributions to the American Indian andAlaska Native communities. We are grateful to have enjoyed Commissioner Bure's warm smiles,his caring for his fellow man, and his concern for the educationof all Indian and. Alaska Native people.
This annual report is dedicated to the memory of Commissioner Brucewith the hope and prayer that we all will have hislifelxig diligence in working to improve theeducational opportunities for Whin and Alaska Native children and adults.
h PART I
INIRODUCTION
The 16th Annual Report of the activities andrecommendations of the National Advisory Council on Indian Education (NACIE) is hereby submitted tothe Congress. The reporting period is fiscal year 1989, covering October 1, 1988, throughSeptember 30, 1989. This report is requir.id by section 5342(b)(7) of Public Law 100-297.
The Council has been in existence since 1973and held its first meeting in Arlington,Virginia, on May 19, 1973. The Indian Education Act (Title IV, PublicLaw 92-318), originally enacted in 1972, established the Council to consist of 15 *mbers who areIndians and Alaska Natives appointed by the President of the United States from listsof nominees furnished from time to time byIndian tribes and organizations and representingdiverse geogravhic areas of the country. The Council has been reauthorized over the years withthe last such action in the Indian EducationAct of 1988 (Part C, Title V, Public Law 100-297). A Member of the Council is appointed for a term not to exceed three years but serves until the Presidentappoints a successor.
TheIndian Education Act of1988 has, subject to section448(b) of the General Education Provisions Act, authorized the Council to continue toexist until October 1, 1993. That Act delineates the Council's statutory functionsand provides authorization for appropriationsfor the Council.
The Council has seen a number of changesin its composition and its staff infiscal year 1989. Skye and Mr. New Members were appointed, including Mrs.Joan K. Harte to succeed Mr. Clarence W. Member", W. Jim Shore was Darius "Kanie"St. Paultosucceed Mr.Robert Youngdeer. One 1989 was W. Omar J. Lane. Staff reappointed. The Chairman of the Council during fiscal year changes were also made with the appointmentof %. Jo Jo HUnt,effective December 1988,as executive director to replace Mrs. Gloria AnnDuus, a Council Member, who hadserved as acting executive director during the search for a permanentdirector. TheCouncilgreatly appreciates its administrative the effortsof Mrs.Duus from Mhrch throughNovember 1988in perfoiming W. John W. functions. In December 1988, Mrs. Duus returned tothe status of Council Member. Mrs. Joyce Cheek joined the staffin January 1989 in the position ofeducation specialist. Stanley served as secretary for the Counciloffice for approximately six years and left thestaff position of in February 1989. Mrs. Mhry Evelyn Mahsetky joinedthe staff in February 1989 in the Legislative Policy Analyst in November 1988. staff assistant. Rs. Bambi Kraus was promoted to (as indicated in With these changes, the Councilcontinued its activities mandated under the Act Part II of this report), including thesearch for a new Director, Office ofIndian Education, Department of Education. Title V of Public Law 100-297 broughtchanges in the law governing the administration of Indian education programs and alsoauthorized the President to call a White active in sharing House Conferenceon IndianEducation. The Courcil Members and staff were
1 WIRODUCTION, continued
information on the new law and regulations and the potential fora White House Conference through participation in conferencesand through the NACIE Newsletter. Inaddition, the Council concluded its national youth award competition. Council Members and staff continued discussions with Indian educators and tribal leaders at various meetings throughout fiscalyear 1989.
Thetitle of this annualreport, "Educating the AmericanIndian/Alasks Native Family," was selected to reflect the intent of the Council's recommendations hereinand the need to focus on the varied and diverse educational needs of Indian and Alaska Native communities, including the basic education,vocational-technical education,and professional development needs to foster economic development in such communities. The Council and the Indian and Alaska Native people believe that any Indian or Alaska Native studentcan learn, if provided the opportunity, and that through education, together with economic development, the economic self-sufficiency of Indian and Alaska Native people can become a reality. However, economic development without education and training of our people will lead to tribal and village enterprises staffed by others and continued high Indian/Alaska Native unemployment. AUTHORITY
Section 5342 of the Indian Education Act (Part C of TitleV of P.L. 100-297, the Augustus F. Hhwkins-Robert T. Stafford Elementary and Secondary P:hool ImprovementAmendments of 1988; 25 U.S.C. 2642). The Councilis governed by the provisions of Part D of the GeneralEducation Provisions Act (P.L. 90-247,as amended; 20 U.S.C.1233 etseq.)and the Federal Advisory Committee Act (P.L. 92-463,5 U.S.0 Appendix I) which set forth standards for the formationand use of advisory committees.
FUNCTIONS OF COUNCIL ,11,IEW, The Council is established to, among other things, assistthe Secretary of Education in carrying out responsibilities under the IndianEducation Act of 1988 and to advise the Congress and the Secretary of Education with regard to federal education programsin which Indian children or adults participate or from which they can benefit. More specifically, the Council is directed to:
the 1. Advise the Secretary ofEducation with respecttothe administration(including development of regulations and of administrative practices andpolicies) of any program in which Indian children or adults participate, or from whichthey can benefit, including the programs authorized by the IndianEducation Act of1988, and with respect to adequate funding thereof;
make 2. Reviewapplicationsforassistanceunder the Indian Education Act of 1988and recommendations to the Secretary with respect to their approval;
3. Evaluate programs and projects carried out under any program ofthe Department of Education in which Indian children or adults can participate orfrom which they can benefit and disseminate the results of such evaluations;
educational 4. Providetechnical assistance tolocal educational agencies and to Indian agencies, institutions, and organizations to assist them in improvingthe education of Ir.dian children;
administration and 5. Assistthe Secretary'n developing criteria and regulations for the evaluation of grants made under subpart 1 of the IndianEducation Act of 1988;
6. Submit to the Secretary a list of nominees for theposition of Director of the Office of Indian Education (whenever a vacancy occurs); and
7. Submit to the Congress no later than June 30 of each year areport on its activities, which shallinclude any recommendations it may deem necessaryfor the improvement of federal education programs in which Indian children andadults participate or from which they can benefit, which report shall include a statement ofthe Council's recommendations to the Secretary with respect to the funding of any such programs.
3 COUNCIL COMMITTEES IN FISCAL YEAR 1989
Executive Committee School Quality Control Committee
Chairperson Omar J. Lane Chairperson Margaret F. Nelson First Vice Chairperson Eddie L Tullis Member Andrea L. Barlow Second Vice Chairperson Robert K. Chiago Member Louis R. Bruce First Member at Large Margaret F. Nelson Member Marie C. Cox Second Member at Large Ronald P. Andrade Member Gloria A. Duus
Search Committee Pro rams Committee Executive Committee Members Chairperson Ronald P. Andrade Member Clarence W. Skye Member Robert Youngdeer Pro22sal_Review Committee Member Joan K. Harte Member Darius "Kanie" St. Paul All Council Members
Communications Committee
Chairperson Robert K. Chiago Member Helen M. Scheirbeck
Interagency and Tribal Relations Committee
Chairperson Eddie L. Tullis Member James A. Hunt Member W.L. "Buck" Martin Member Jim Shore
2 5 4 PART II
COUNCIL ACTIVITIES INFISCAL YEAR 1989 Development of eRts ilationLandAdministrative Practices andPolicies ve ate fl Education of the Departmentof Education amended its During fiscal year 1989,the Office of Indian (Part C, Title V, changes in the IndianEducation Act of 1988 program regulationsto conform to Council on Indian amended by Public Law100-427). The National Advisory Public Law 100-297, as Lauro F.Cavazos on the submitted comments toSecretary of Education Education prepared and regulations, including allamendments, is following proposedregulations. A copy of the current included in Appendix I. Educational Agencies Discretiona Grants/Formula Grants to Local General Provisions and the Federal Register,"Indian t e Dèpartmentof ucation Fifilished in On November 1 , 1988, Rulemaking." The Provisions and DiscretionaryGrants;Notice of Proposed Education General incorporated technical January 17, 1989. These proposed regulations closing date for comments was changes in definitionsand Indian Education Actof 1988, including amendments required by the the Council and talented program. On February 1, 1989, requirements for grantsunder a new gifted Along with of Education recommendations onthe proposed rulemaking. submitted to the Secretary it be provided a copy recommendations, the Councilspecifically requested that several substantive proposed rulemaking or least 10 days prior topublication of notice of of the draft notice at July 19, 1989. printed on May 11, 1989,and were effective final rules. Final regulations were November 16, 1989,"Formula Education also printed inthe Federal Register on The Department of The closing (lat.: was Educational Agencies; Noticeof Proposed Rulemaking." Grant Program; Local Secretary of Education onthese The Council alsosubmitted comments to the also January 17, 1989. regulationsgoverning forcomments included theproposed proposed regulations. This call schools and theclarification of therequirements for eligibility of the Bureauof Indian Affairs funds under the ofIndian students to generate including children inthe applicant's count that formula grants which were published onMay 4, 1989, provide program. The final regulations, school districts, (LEAs),which include public may be awardedto local educationalagencies operated by the Bureauof Indian Affairs. The final tribally controlledschools, and schools of for including childrenin the applicant's count regulations also clarifythe requirements do not change the funds under the program. The final regulations Indian students to generate exceeding 30 days, duringwhich notice of establishing adate or a period, not proposed rulemaking the student certificationform and the minimuminformation required on the LEA conducts the count regarding how it isdetermined that New sections in theregulations add provisions (ED Form 506). requirements and whataction is taken if a a granteeis in compliancewith student certification requirements. Thefinal regulations were grantee failsto meetthestudent certification effective on June 18, 1989.
0I 5 COUNCIL ACTIVITIES, continued
Legislative Mandate 01
The Council Memberswere concerned that no commentswere received from the field regarding the proposed amendments to the discretionary regulations and that only four partiessubmitted comments on the formula grant proposed regulations. The Council suggested that thismay be due to the tedious process one has to followto determine what actual chan, are being made in existing regulations. The Council recommended that future proposed and finalrulemaking be published an amendment in the nature of as a substitute so that grantees and other interestedparties can determine how the regulations will actually read with such changes. It should be noted that in reviewing the chaages effected by theproposed formula grant rulemaking,one had to review not only theFederal Register notke of proposed rulemaking butalso Public ;Jaw 100-297, the technical amendments to such law contained in Public Law 100-427, the thencurrent regulations as printed in the newest available bound volume of Title 34 of the Code of FederalRegulations (revised as of July 1, 1987), and the final formulagrant regulations published in the Federal Register on July 28, 1987. This tedious review and comparisonis difficult for an attorney with a background in legislation and regulations and would be virtually impossible forthe average layperson in Indian Country.
Indian Fellowship Program The Secretary of Education published a notice of proposed rulemaking for the IndianFellowship Program in the Federal Register on October 12,1988. The Council did not commenton these regulations but had provided general recommendations on the program in conjunctionwith fellowship application review earlier in 1988. On May 18, 1989, the Department ofEducation published the finalfellowship program regulations, whichprovide thatIndian fellowships will be awarded primarily on the basis of scholastic merit and not on demonstrated financialneed. Detailed examples of allowable related fields of study were omitted in the amended regulations. Except for minor editorial and technical revisions, there was no difference between thenotice of proposed rulemaking and the final regulations.The regulations were effective July19, 1989. Other Activities Implementation of Indian preference in thenewly reorganized Office of Indian Educationwas one of the most complex issuesin fiscal year 1989. In addition,the Indian Education Act of 1988 provides for a one-time preference fornon-Indian employees who were serving inOIE on the date of enactment of such Act and who desire to take anotherposition in the Department not within OIE. The Council and staff maintained ,-lose communication regardingbothIndian and non-Indian preference policies with the Office of IndianEducation, the Office of Elementary andSecondary Education, and the Office of the Secretary. The Council offered its assistance and recommendations on the implementation ofIndian preference, along with distributingvacancy announcementsfor positions forthenewlyreorganized OIE positions,and also stressed the importance of fair treatment of individuals entitled to the one-timenon-Indian preference. Other
6 COUNCIL ACTIVITIES, continued
Development of Regulations,continued (Legislative Mhndate 11) exclusion of of Education officialsconcerned the Even Start Program discussions with Department several LEAs tribal schools fromeligibility, audit problems of Bureau ofIndian Affairs and information needs, offer of resulting from student countissues, Indian education statistical ether Department of Educationofficials, and Council Members and staff tobrief the Secretary and the need to call the WhiteHouse Conference on IndianEducation.
Review Applications (Legislative Mandate #2) Washington, DC, to review of the Council met onApril 3-4, 1989, in The Proposal Review Committee recommendations to under the Indian EducationAct of 1988 and to make applications for assistance applications with respect to theirapproval. The Committee reviewed the Secretary of Education 2, and 3 of such Actfor under the programsauthorized by subparts 1, for discretionary awards pilot, and demonstrationprojects; discretionary grants toIndian-controlled schools; planning, educational services forIndian children; educational educational personneldevelopment projects; The Committee was delegatedauthority by the services for Indian adults;and Indian fellowships. behalf in the applicationreview process.'Each Council Member full Councilto act on its of a conflict of meeting signed a certificationattesting to the absence attending the Committee submitted ;.,o Secretary of Recommendations were formulated atthe meeting and officially interest. Daniel F. Bonner responded onMay Education Cavazos on April 12,1989. Acting Assistant Secretary 18, 1989, to theCouncil's recommendations. of readers to review and scoreall Indian Education The Office of indianEducation engages panels after which the scores arestandardized and the Act discretionary andfellowship applications, in order of highest tolowest score. Since the applications are so applications are ranked submitted, the for Council Members toreview all applications numerous as tomake it impossible scored high enough to befunded. the applications thatthe readers have Committee reviews only applications on the slateswith provisos The Committee voted to approvethe funding of all General recommendations were asfollows: regarding certain fellowshipapplications. Indian affairs, review and scoring shouldhave a sensitivity to 1. Federal readers for proposal (Department of Health and Human the Administration forNative Americans and agencies such as and Indian Head StartProgram Affairs,Indian Health Service, Services), Bureau of Indian provide Indian readers for (Department of Health and HumanServices) should be approached to Indian Education Actproposal reading.
7 3 1 COUNCIL ACTIVITIES, continued
Revieu Applications, continued (Legislative Mandate #2
2. TheDirectorofthe Office of Indian Education shouldinvestigate ways that assistance in proposal writing technical may be provided to tribes and organizationsinterested in submitting applications for discretionary grants. There is such competition forthese grants, alld it appears that sometimesthe more needy groups do not receive grants but thatgrants are awarded to 'the applicants which have the best writtenproposals. There is alsoa lack of equitable geographical distribution with Indian tribes andorganizations in the easternpart of the country often leftout. Technical assistance in proposalwriting should helpto alleviate some of the seeminglyinequitable distribution ofgrants. 3. It wzq noted that there were notations in the files of proposedreductions by OIE staff in the budgets of certain discretionary grantees (excluding fellowships). The Committee recommends th6t th-re should bea fixed percentage reduction rate so that all grantees equally shareany reductions and more granteesmay be funded. 4. The National Advisory Council on Indian Education should become involvedin the proposal review process at an earlier stage than is currently practiced. Members of the Council should serve as panel moderators for the field readingprocess. 5. The Office of Iudian Education should provide the Council witha description of how readers are selected and a step-by-step description of the entire application reviewprocess outlining authority of the Director to make decisions at each stepso the Council will know where and to whom to address itsconcerns.
Evaluate PEogyams ancl Projects (Legislative
In an effort to fulfill the Council's mandate tooversee all federal educationprograms that benefit Indian students, Council staff researched and organized thechart, "Programs Benefiting Indian Students in Fiscal Year 1988." This chart was initially distributedto the Council's mailing list and then included in the NACIE15thAnnualReport to theU.S. Congress. Thirty-threeprograms were profiled in the chart. In fiscal year 1989, similarinformation was collected and is included in theAppendix D of this report.
On January 17, 1989, as part of its meeting held in Bethesda,Maryland, the Council heldan open discussion with Indian educators, representatives of Indian tribes andorganizations, and others interested in the education of Indian children and adultsto identify issues and problems, determine the best solutions, and develop action plans to addressthese concerns.
8 COUNCIL ACTIVITIES, continued irwrrygtrizu_nriEvaluatePaasandProectscontinued g s at ve te but are not now study of the programs fromwhich Indians can benefit The Council initiated a Council to make any necessary participating to determine the reasontherefor in order for the added to the NACIENewsletter for change. In addition, a sectionwas recommendations funded through the Departmentof spotlighting innovative programs,including ,..rograms and projects these special projects. Education, thereby allowingdissemination of information on
Provide Technical Assistance (Legislatfie Mandate 14) Alaska Native individuals,tribes, villages, The Council disseminatedinformation to Indian and schools, universities, andother organizations schools, community colleges,and public and private other mailings, annual report,telephone serving Indian studentsthrough the NACIE Newsletter, the NACIE staff publishedthree issues of the contacts, and meetings. During the fiscal year, available to the public freeof cost. These newsletters contained NACIE Newsletter that were and studies, Federal Register information on NACIE activities,Congressional activities, reports conference announcements, jobvacancies, and notices, activities of theDepartment of Education, other Indian education news. and other meetings staff attended and participatedin several conferences The Council Members and Jo Jo HUnt Council Members and ExecutiveDirector to share information. Specifically, participated in the followingactivities: discussion Indian Education Association(NIEA) co-hosted a round-table o NACIE and the National Along with then NACIE education issues in TUlsa,Oklahoma, on November 13,1989. on Indian national leaders attended topresent Chairman Buck Martin and NIEAPresident Ed Parisian, other Council Members alsoconducted a business their views on the currentstate of Indianeducation. 14-16, 1988, in the 20thAnnual Conference of meeting and attendedand participated on November the National IndianEducation Association in Aulsa. participated in an informal paneldiscussion o On February 7, 1989, theNACIE Executive Director with jounalists in the51st Class of NiemanFoundation on Indianissues, including education, she provided an updateof Council activities to Fellows at Harvard University. On February 8, (BIC) and received information onBIC's education community people at theBoston Indian Council programs.
9 COUNCIL ACTIVITIES, continued
Provide Technical Assistance, continued (Legislative Mandate 14) o During the first week of March 1989, theOffice of Indian Education sponsoreda meeting of state Indian education coordinators and staff of variousDepartment of Education programs that benefit Indian students. The NACIE Executive Director participatedin the meeting and presented an update of the Council's activities. o The NACIE Executive Director participatedin the United South and Eastern TribesWashington Week activities in Washington, DC, with thepresentation of a workshopon February 14 and serving on a panel on February 15. o The North Carolina Indian Unity Conferencewas held in mid March 1989 in Fayetteville, North Carolina,and the NACIE Executive Director presented,on March 16,a keynote address and a workshop on Indian education issues. o Council Chairman Omar J. Lane and Council MlemberBob Chiago attended and participatedin the Annual Western Indian Education Conference in March1989 in Phoenix, Arizona. The NACIE Executive Director delivered an opening keynote addressfor the conference and, together with ChairmanLane and Council Member Chiago, presentedtwo workshops. Workshops were held on Mhrch 22 and 23, 1989. o On April 13, 1989, the NACIE Executive Directorparticipated in a forum at the American Indian Higher Education Consortium Annual Conferenceheld in Albuquerque, New Mexico. o On April 14,1989, the NACIE Executive Director presenteda workshop at the Colorado Indian Education Annual Conference in Denver, Colorado. o In late April 1989,Council Members Margaret Nelson and MarieCox and the NACIE Executive Director attended and participated in the OklahomaIndian Education Exposition held in Norman, Oklahoma. In conjunction with this conference,on April 26, 1989, the Executive Director gave the initiation banquet address for the Oklahoma Indian StudentHonor Society. On April 27, she made a presentaticn on Council activities. o On May 5, 1989, the NACIE Executive Director delivered thecommencement address atthe Southwestern Indian Polytechnical Institute inAlbuwerque, New Mexico. o On July 31, 1989, the NACIE Executive Director madea presentation on national Indian education concerns at the Summer Conference for Indian Educators heldat Dartmouth College in Hanover, New Hampshire.
i; 10 3 7 COUNCIL ACTIVITIES, continued EValuation of Grants Made Under Develop_Criteria and Regulationsfor the Administration and Mbpart-A. (Legislative Mandate #5) published in the 1988, the Office of IndianEducation, Department of Education On November 16, Local Educational Federal Register a noticeof proposed rulemaking,"Formula Grant Program; Mandate il of this part, the Agencies; Notice of ProposedRulemaking."As reported in Legislative proposed regulations to theSecretary of Education. See Council c Atted recommendations on the Legislative Mandate #1 above for moredetails.
Whenever a Vacam Submit a List of Nominees forthe Director of the Officeof Tndian Education Ti-§52E-PRIEFac-Ocurs (Legislative Mandate 16)
Director of the Office of IndianEducation was again conducted The search process for a permanent Director John Sam. The due to the illness anduntimely death of former in fiscal year 1989 announcement as soon as possibleand Council urged the Department ofEducation to post the vacancy recommendations regarding expeditiously fill the positionof Director of OIE. The Council made in dissemination of the announcement. changes to the draft vacancyannouncement and assisted Executive Resources Board Lane appointed a Council*mber to serve on the Council Chairman Omar J. On May 22, 1989, the review and score applicationsfor the position. rating panel convened to developed a list of reviewed the applicationsof six candidates and Council's Search Committee On May 23, 1989, the full questions to be used inthe interviewing of eachsuch candidate. the individuals to benominated for the Council interviewed the sixcandidates and determined submitted to the Secretary ofEducation its On May 24,1989, the Council formally position. did not name a permanentOIE rank-ordered list of threenominees. The Secretary of Education director in fiscal year 1989.
1.5._c_m_pliStibmitaRertoteCotthicil'sActivities gis at ve ate the NACIE 15th AnnualReportto the U.S. Councilsubmitted the manuscriptversion of The The final, printed version,"Building Congress to the Departmentof Education in August 1988. in Indian Education," wasdistributed at from Yesterday to Tomorrow: The Continuing Federal Role the Secretary responded tothe Council's a laterdate. In a letter dated March19, 1990, recommendations contained inthe report.
11 H PART III
UPDATE OF INDIAN EDUCATION STATISTICS
The National Advisory Council on Indian Education has beenvery concerned about the lack of a readily available compilation ofstatistical and other information regarding the education of Indian and Alaska Native children and adults. The Council made an effort in its annual report for fiscal year 1988 to collect as much informationas possible from all identified sources so that the Congress, the Administration, Indian and Alaska Nativepeople, and other interested parties could begin to assess the needs, observe thesuccesses, and plan for the future of Indian and Alaska Native education. The Council has again collected information for fiscalyear 1989 and plans to continueto do so until the National Center for Education Statistics (NCES) of the Department of Education or some other responsible entityassumes the collection of necessary information on Indian and Alaska Native students.
It should be noted that NCES does publish certain informationon Indians and Alaska Natives in the postsecondary volume of the annual publication Condition of Educationbut that little, if any, information on Indians and Alaska Natives is reported in theelementary and secondary volume. In addition, NCESpublishes theDigestof Education Statistics. The report of the Quality Education for Minorities Project, published in January 1989, notedthat in the 1988 edition of Digest, only 21 of the303 tables provide any data on Indians and Alaska Natives. A close review of the 1989 edition of Digest showsno better coverage.
Since the publication of the NACIE 15th Annual Report, there have beennumerous updates in the reporting of numbers of Indians/Alaska Natives attending the various educationalinstitutions in the United States. The most currently available data have been used for thisreport and, as a result, some f,gures may not match those reported in the fiscalyear 1988 annual report. The differences aredue primarily toannual updates in statistical dataacquired fromNCES. Additionally, some enrollment figures do not become consistent until2 or 3 years have elapsed. Where specific information was not available through NCES, data from theBureau of the Census or other appropriate agencies were used, including the Office of Civil Rightsof the Department of Education, National Catholic Educational Association, Equal Employment Opportunity Commission,and American Council on Education. These organizations use different sampling methods for arriving at their computations,and comparingsimilar data from one agency with another is discouraged. Estimates of Indian student participationare included, provided there were consistent rates of Indian participation during prior years. If such was not the case, as in first-professional degree programs where the rate of Indian participation fluctuatedfrom one year to the next, no estimates are given.
Data are included for the first time for Indian participation in two- andfour-year institutions; numbersof Indian/Alaska Nativestudents who havereceived associate andfirst-professional degrees,as compared with their non-Indian counterparts; participation rates ofIndian/Alaska Native studentsin selected federal programs by state; and Indian/Alaska Natives employed in various educational positions.
12 411 UPDATE OF INDIANEDUCATION STATISTICS,continued EDUCATION INDIAN/ALASKA NATIVEPARTICIPATION IN U.S. Native studentsattended the school term, approximately377,000 Indian/Alaska During the 1988-89 secondary schools. Another and Bureau of IndianAffairs elementary and nation's public, private, Indians/Alaska Natives compriseless than attended higher educationinstitutions. 92,000 Indians secondary, and postsecondaryprograms. A 1989 of the total populationin elementary, one percent 56 percent ofIndians are highschool graduates the Census reportindicates that Bureau of Eight percent ofIndian students go on to compared to 67 percentof the total U.S.population. U.S. average is 16 percent. complete 4 or more yearsof college, while the is based onindividuals much of the dataincluded in this report It should be noted that The information Indians or Alaska Nativesto the reportingauthority. identifying themselves as Interior and from theOffice of Indian Indian Affairs of theDepartment of the from the Bureau of of there beingsome is mostreliable interms Education of the Department of Education Opportunity the Bureau of theCensus, Equal Employment verification of ethnicity. However, authorities do notspecifically verifyethnicity of Commission, and variousother reporting is used as the Native villages. While this information individuals through thetribes or Alaska the reader. best available, thiscaveat is offered to educational settings, identified Indians/AlaskaNatives in major Table 1 shows the number of 1989, Indian andAlaska (BIA) schools. Overall, from 1988 to including Bureau ofIndian Affairs those attending institutions increasedby 3,713, as did Native studentsattending public/private thosestudents largest gain inBureau-funded schools were BIA-fundedschools by 410. The in enrollment, No particular reason wasgiven for the increase attending tribal contractschools. families from public of transfer by s,..mestudents and their other than it maybe an indication setting. schools back to the morefamiliar tribal school
13 UPDATE OF INDIAN EDUCATION STATISTICS,continued
Higher education participants showed a modest gain ofapproximately 1,000 students forthe 1988-89 academic year. Since 1984, the number of Indians in higher educationinstitutions has steadily increased with 1989 registeringthe largest numberever to attend college.
TABLE 1
Distribution of American Indian/AlaskaNative Students
AI/AN Students AI/AN Students in Public and in Higher Ed. Year Private Schools BIA-Funded Schools Total Institutions 1989 3 ,089 39, 91 3 8:0 91,753--- 1988 333,376*** 39,381 372,757 91,000 1987 320,500 39,911 360,411 90,000 1986 355,796 38,475 394,271 90,000 1984 364,313 40,693 405,006 84,000 1982 304,293* 40,773 345,066 88,000 1980 305,730 41,604 347,334 84,000 1978 329,430 41,324 370,754 78,000 1976 288,262 45,609 333,871 76,000 1974 288,208 49,524 337,732 Not Available 1972 232,765 53,646 286,411 Not Available 1970 197,245 52,098 249,343 Not Available 1968 177 463 51 448 228 911 Not Available NOTE: Some enrollment numbers donot match figures published inthe NACIE 15th Annual Report due to yearly updates of preliminary data by the NatimalCenter for Education Statistics, Department of Education. Sources: "Office of Civil Rights Survey1968-1986 (Public and PrivateSchool Data)," U.S. Department of Education; BIA FiscalYear 1968-78 StatisticsConcerning Indian Education (BIA-Funded Schools Data);BIA Schoul Reports1980-86 (BIA-Funded Schools Data); and National Catholic Educational Association 1988 and1989 data. 1987-89 Bureau of Indian Affairs student data acquired by telephone contact withBIA statistical branch, Washington, DC. * Office of Indian Education studentcount only (public school figures). ** Include, the National Catholic Educational Association Indiancount of 10,279 (school year 1988-89) plus the Office of Indian Educationstudent count of 326,810. *** Includes the National Catholic Educational Association Indiancount of 9,200 (school year 1987-88) plus the Office of Indian Educationstudent count of 324,176.
14 4 5 UPDATE OF INMAN EMUCATION.7;TATISTICS, continued
American Education at a(dance and secondary schools. 45.6 million students wereattending U.S. elementary In the fall of 1989, and continues the increase of over 155,000students from the previous year This illustrates an schools began to for all students since1986. Attendance in American upward participation rate with their own school-agechildren. drop during the mid-1980'sreflecting fewer "baby-boomers" for all students now appearsto be again increasing The total public andprivate school population last however, when compared to totalenrollment figures for the to the levels ofthe early 1980's; been a drop in number of students hasducreased. Since 1970, there has 20 years (Table 2), the institutions increased by 4.4 K-12 enrollment of 5.7million, while thoseattending postsecondary million.
TABLE 2 Enrollment Trends 20-Year Elementa/Seconda & Postseconda _or 1 Stents
Higher Total U.S. Education Enrollment K - 12 Enrollment* Education Enrollment 58 million 1g-89 45 million 13 million 57.4 million 1985 --45.1 million 12.3 million 58.4 million 1980 --46.3 million 12.1 million 61.0 million 1975 --49.8 million 11.2 million 59.9 million IiMMI1970 --51.3 million 8.6 million *Includes private schoolenrollment. and "Projections of Source: "Digest ofEducation Statistics 1989" Center for Education Education Statistics to 2000", National Statistics.
to an estimated through grade 8 rose from27.0 million in fall 1985 Enrollment in kindergarten 12.5 million to an Enrollment in the uppergrades decreased from 28.4 million in fall1988. in These two trends resultedin an overall increase estimated 11.8 million overthe same period. 1970am: 1980, preprimary during the three-year period. Between public schoolenrollment of the increasing 22 percent. An important feature enrollment increased an additional full-day schools is thehigh proportionin participationof youngchildren in preprimary kindergarten and nurseryschool programs.
15 4E; UPDATE OF INDIAN EDUCATION STATISTICS,continued
Lndians/Alaska Natives in Private Schools
NCES typically has not maintained data on the number of Indians/AlaskaNatives attending K-12 private schools due to the small number of such students enrolledat such schools. In order to determine the number of Indians/Alaska Natives attending private schools,data from the National Catholic Educational Association (NCEA) have again been utilized. Withouc NCEA's assistance, it would not have been possible to compile enough data from otherexisting sources forany reliable estimate of the number of Indian/Alaska Native students attending privateschools in the United States. Since 1970, NCEA has published statistical information on Catholicelementaryand secondary enrollment at its member schools with a breakdown byethnicity. During the 1988-89 school term, NCEA comprised aroximately 50 percent of the privateschool population in the U.S. and 38 percent of all private schools operating in thiscountry. Of the total NCEA population, 10,279 students (0.41 percent) were identified as being of Native American &scent. Although the NCEA total is 50 percent of the private school population, itdoes not necessarily follow that doubling the figure of 10,279 would provide the number of Indian/AlaskaNative students in all U.S. private schools. Table 3 gives the number of Indianstudents counted by NCEAas compared to the total NCEA, private school,and public school populations.
TABLE 3
Public, Private, and NCEA K-12Populations
Total NCEA % of Public School Private School NCEA Indian NCEA Year Po ulation** Po ulation Po ulation* 9 2 0 22§T177.-477Frerridents*,4 p Po.1 1988 40,196,000 5,241,000 2,623,031 9,200 (.35%) 1987 40,024,000 5,347,000 2,734,423 9,300 (.34%) 1986 39,837,000 5,452,000 2,821,000 9,700 (.34%) 1985 39,509,000 5,557,000 2,901,757 9,100 (.31%) 1984 39,295,000 5,700,000 2,968,154 9,700 (.33%) 1983 39,352,000 5,715,000 3,026,200 10,700 (.35%) 1982 39,652,000 5,600,000 3,094,000 10,000 (.32%) 1981 40,099,000 5,500,000 3,106,378 9,700 (.31%) 1980 40,987,000 5,331,000 3,140,051 10,000 (.32%) 1971 45 909 000 5 100 000 IL163.0000 20 400 (.47%) "19F8-89 Statistical Report onSchools, Enrollment & Staffing,"National Catholic Educational Association (NCEA). ** "Statistics of Public Elementary andSecondary Schools,"National Center for Education Statistics.
16 4 UPDATE OF INDIAN EDUCATIONSTATISTICS, continued during the of Indians/Alaska Nativesattending NCEA member schools Table 4 shows the distribution Indian students in the As would be expected, thereis a large proportion of 1988-89 school year. of the of the United States. Although this represents only 50 percent west and far west region the public school total private school populationin the U.S., thedistribution roughly parallels demographic pattern for Indianstudents in general.
TABLE 4
American Indian/Alaska NativeParticiation in NCEA Schools
Region Elementa SecondaryTotal New England- 159 68 7 Mid East 941 458 1,399 Great Lakes 1,270 468 1,738 Plains 1,448 353 1,801 South East 300 70 370 West 4 Far West 3,637 1,107 4,744 "giFia-Taal 7,755 2,57.4 10,279
and Secondary Schools Source: "United States Catholic Elementary Association. 1988-89 Statistical Report,"National Catholic Educational
these are schools have a religiousorientation, and nearly half of Eighty percent of all private schools (33 percent During the 1988-39 school term,there were 8,867 Catholic Catholic schools. elementary and 1,362 (15 schools) in this country; of these7,505 (85 percent) were of all private 15th Annual Report, theCouncil for schools. As reported in the NACIE percent) were secondary the gathering of (CAPE) has indicated that it is considering AmericanPrivateEducation Indians/Alaska Natives, the racial breakdown ofstudents, specifically statistical information on to all During the spring of 1990,CAPE plans to send out a survey attending its member schools. be available during requesting such informationwith preliminary reports to of its member schools permanent part ofCAPE's data This surveyinstrumentwill become a the summerof 1990. forthcoming CAPE data and theexisting acquisition process for thefuture. With access to this reports should providethe most accurate look data collection efforts ofNCEA, future NACIE annual in U.S. private schools. Membership within CAPE at the Indian/AlaskaNative participation rate private schools and 4.1million (76 percent) of allprivate now comprises15,000 of the 27,000 school students.
17 o UPDATE OF INDIAN EDUCATION STATISTICS,continued
Indians/Alaska Natives in Higher Education
Several sources of information havebeen pursued to providea broader look at the American Indian and Alaska Native in programs of higher education. Surprisingly, it was found that of all ImJian/Alaska Native students attending institutions of highereducation,the largest area of participation has consistently beenin two-year schools offeringassociate level degrees. Table S shows, since 1976, As Indians/Alaska Natives attendingtwo-year institutions have annually maintained an average of 55 percent of the total Indian highereducation enrollment, while those attending four-year institutions have averaged 45 percent. Table 5 also compares the numberof Indians/Alaska Natives attending postsecondaryinstitutions to their non-Indiancounterparts. Comparing 1986 enrollment statistics to 1987 degree totals shows thatAmerican Indians/Alaska Natives are underrepresented in earned bachelor's degrees. Tc illustrate this point,in fall 1986, Indians/Alaska Natives made up 0.7 percent of the undergraduate populationbut received only 0.4 percent of baccalaureate degreesgranted in spring 1987 (see Table 8A). TABLES
Indian Student Enrollment in Hi herEducation Institutions
AI/AN in AI/AN in All AI/AN Percentage of 4-Year 2-Year Year Students Students* Posulation Inst./ (%) In t./ (%) 19:' 1 0, 1 2 9 Al(SS%)** 1988 12,849,000 91,000 0.711 41,000 (45%) 50,000 (55%) 1987 12,768,000 90,000 0.70% 40,500 (45%)** 49,500 (55%)** 1986 12,505,000 90,000 0.72% 39,000 (44%) 51,000 (56%) 1984 12,242,000 84,000 0.69% 38,000 (45%) 46,000 (55%) 1982 12,426,000 88,000 0.71% 39,000 (44%) 49,000 (56%) 1980 12,097,000 84,000 0.69% 37,000 (441) 47,000 (56%) 1978 11,260,000 78,000 0.69% 35,000 (45%) 43,000 (55%) 1976 11 012,000 76 000 0.69% 35 000 (46%) 41 000 (54%)
Source: "Digestof Education Statistics,1988" and "National Estimates of BliEFFEducation Statistics: 1988," NationalCenter for Education Statistics, U.S. Department of Education. * "Fall Enrollment in Colleges andUniversities" and Integrated Postsecondary Education Data Systems (IPEDS) "FallEnrollment, 1986" Survey and Unpublished Tabulations (prepared February 1989),National Center for aNcation Statistics, U.S. Department of Educatiord ** Estimates based on 45-percent (4-yearinstitutions) and 55-percent (2-year institutions) average rate ofparticipation trend.
18 UPDATE OF INDIAN EDUCATP3N STATISTICS,continued
The reasons why Indians/Alaska Nativestend to enroll more in two-yearinstitutions may be due to several conditions, including (in no order ofimportance):
Expense of four-year over two-yearinstitutions; MoreIndian/Alaska Native adults may be rearing afamily,working,and concurrently working toward degree requirements; TWo-year institutions may be in closer proximityand more readily available those and affordable to Indian/AlaskaNative students, especially to attending tribally controlled community colleges;and Entrance requirements may be less stringentfor two-year colleges.
The 1988-89 school year had the largestnumber of American Indians/Alaska Natives to everattend postsecondary institutions. This could be due in part to the growth inthe American Indian/Alaska Native population rn general. According to a report released by the Bureauof the Census in February 1990, there has been a 19-percent(270,000 persons) increase of AmericanIndians/A1aska the numbers of Natives since the 1980 decennial census. Table 6 shows the incremental changes in Indians/Alaska Natives in the United States forthe past nine years. It should noted that Bureau of the Census data on tribes may differfrom other sources, such as tribal governmentsand the Bureau of Indian Affairs, because censusdata ary based on self-identificationwhile statistics from other sources may be based on personsincluded on tribal rolls or persons with acertain proportion of Indian blood. Indeed, several federal programs usethe self-identification method when counting ethnic students participatingin their programs. While data from the 1990 census will not be available for at least three years, we canstill expect an increase in the American Indian/Alaska Native population.
TABLE 6
American Indians/Alaska Natives in the UnitedStates 1980 to 1983
Year Total Poolliltion "1980 ------iTa9T15gr 1981 1,458,000 1982 1,490,000 1083 1,524,000 1984 1,559,000 1985 1,594,000 1986 1,629,000 1987 1,664,000 1988 1,699 000
Source: U.S. Bureau of the Census, February1990.
IMMO"'
19
5,1 UPDATE OF INDIAN EDUCATION STATISTICS, continued
Tribally Controlled Community Colleges
The earliest of the tribally controlled community colleges has been inexistence for approximately 20 years. There is no doubt that these schools have helped to elevate the educationalstatus of Indian people living on remote reservations and have doneso on limited budgets which public institutions wouldnoteven consider. Serving primarily membersoftribescontrollingthe individual institutions, these schools also admit non-Indiansas well to their programs.
Enrollment figures for these schools have continued to steadily increaseevery year while per pupil expenditures have decreased, since appropriations have only moderately increasedeach year. Several studies stress the reduction in per pupil funding, but oftenneglect the increase in students attending these schools. The following table shows the numbers of students enrolledat all tribal colleges since1981 and per pupil spending. Since 1981,student enrollment has increased 161 percent. There are currently24 tribally controlled community colleges in the United States with most receiving funding through the Tribally Controlled CommunityCollege Assistance Act of 1978, as amended, and other foundationor grant sources.
NOTE: Studentsattendingtribally controlled community collegesareincludedin enrollment figures under two-year institutions in Table 5.
TABLE 7
Tribal Colle e Enrollment, 1981 to 1989
Student Per Pupil Year Enrollment Expenditure 1989 4,400 '1,964 1988 3 108 $2,139 1987 3,J20 $2,317 1986 3,000 $2,317 1985 2,853 $2,459 1984 2,306 $2,616 1983 2,065 $2,194 1982 2,089 $2,826 1981 1 689 $3 100
Source: Tribal College Enrollment - Funding History prepared by the American Indian Higher Education Consortium, 1990.
20 UPDATE OF INDIAN EDUCATION STATISTICS, continued
Table 8 shows the number of degrees received by Indians/Alaska Natives for selected years since 1976. While such students consistently increase participation in all postsecondary areas, there continues to be a limited number of students actually graduating from these institutions. As previously mentioned, the majority of Indians/Alaska Natives in postsecondary institutions attend two-year schools; however, degree completions at the associate level appears to besomewhat less than at the baccalaureate level, giving the appearance that all who attend thes:', institutionsdo not graduate. Total Indian/Alaska Native enrollment reached almost 92,000 for the 1988-89 school year, by far representing the highest enrollment yetin institutions of higher education.
Indians/Alaska Natives, as well as most other minorities, have experienced in the last few years minimal increases in degrees received at the baccalaureate level. The largest number of degree recipients for Indians occurred during the 1984-85 school year with 4,200 awards being made.
TABLE 8
American Indian/Alaska Native Degree Recipients in Higher Education, Various Years
Associates A,..) rees Conferred
All AI/AN % of Students Students Students 1 8 00 o Trend vi ent 1987-88 424,000 No TrendEvident 1986-87 427,000 3,197 0.75% 1984-85 454,712 2,953 0.65% 1980-81 416,377 3,574 0.86% 1978-79 402,702 3,073 0.76% 1976-77 406 377 NA NA
NA - Not Available
21 UPDATE OF INDIAN EDUCATION STATISTICS, continued
TABLE 8A
American Indian/Alaska Native Degree Recipients in Higher Education, Various Years, continued
Bachelor's Degrees Conferred Master!s_pegrees Conferred
All AI/AN % of All AI/AN % of StudentsStudentsStudents StudentsStudentsStudents 1988-89** 994,000 4,000 0.4% 1988-89** 293,000 1,200 0.4% 1987-88** 989,000 4,000 0.4% 1987-88** 290,000 1,200 0.4% 1986-87* 991,264 3,975 0.40% 1986-87* 289,349 1,107 0.38% 1984-85 979,477 4,246 0.43% 1984-85 286,251 1,256 0.45% 1980-81 935,140 3,593 0.38% 1980-81 295,739 1,034 0.35% 1978-79 921,390 3,404 0.37% 1978-79 301,079 999 0.33% 1976-77 919 549 3 319 0.36% 1976-77 317 164 967 0.31%
Doctoral De rees Conferred rees
All AI/AN % of All AI/AN % of StudentsStudentsStudents StudentsStudentsStudents 1 8-89 3 , 0.4 ---2,TON-ordrarrenEvient1988-89 7 1987-88* 33,456 93 0.4% 1987-88 74,400 No Trend Evident 1986-87* 32,367 115 0.4% 1986-87 73,700 304 0.41% 1984-85 32,307 119 0.37% 1984-85 75,063 248 0.33% 1980-81 32,389 130 0.39% 1980-81 71,956 192 0.27% 1978-79 32,664 104 0.32% 1978-79 68,848 216 0.31% 1976-77 33 111 95 0.29% 1976-77 64 359 No Data Available
Source: "Condition of Education1989,"Volume 2, Postsecondary Education, National Center for Education Statistics, U.S. Department of Education. * "Eighth Alnual Status Report on Minorities in Higher Education," American Council on Education, December 1989. ** Projections by NationalCenter for Education Statistics of numbers of degrees to be conferred on all students were used to calculate the projections of the number of degrees expected to be conferred on American Indiahs/Alaska Natives by using a trend of 0.4 percent.
22 tiu 61 UPDATE OF INDIAN EDUCATION STATISTICS, continued
Participation in every degree category decreases as higher levels of educational attainment are reached. To give indication of the fields of study from which American Indians/Alaska Natives typicallygraduate, Tables 9, 10, and 11 show thenumber of students completing degree requirements in selected fields of study.
TABLE 9
Indian/Alaska Native Graduation Rates by Field of Study
Bachelor's Degrees
Field: Education 1976 1985 1987 1976-87 1985-87 Total 2 3 Z 3 . -674- Men 239 165 124 -48.1 -24.8 Women 503 318 328 -34.8 3.1
Fiel : 0 .nge 0 .nge Business 1976 1985 1987 1976-87 1985-87 Total 426 99 8 Men 350 487 400 14.3 -17.9 Women 76 412 383 403.9 -7.0
Fiel : f7MTEIF-T-CEiEiF Social Science 1976 1985 1987 1976-87 1985-87 Total 513 447 464 -9.6 778- Men 311 229 249 -19.9 8,7 Women 202 218 215 6.4 -1.4
Fiel : Health Professions 1976 1985 1987 1976-87 1985-87 Total --1-66- 273 274 6M Men 38 49 46 21.1 -6.1 Women 128 224 228 78.1 1.8
G3 25 UPDATE OF INDIAN EDUCATION STATISTICS, continued
TABLE 9A
Indian/Alaska Native GraduaZdon Rates by Field of Study, continued
Bachelor's De reescontinued
Field: Biological"- % Change % Change Life Sciences 1976 1985 1987 1976-87 1985-87 Total 143 --111 7------1747 2.8 -8.7 Men 90 89 79 -12.2 -11.2 Women 53 72 68 28.3 -5.6
Field: % Change % Change Engineering 1976 1985 1987 1976-87 1985-87 Total 150 209 214 42-.7 2.4 Men 148 169 184 24.3 8.9 Women 2 40 30 1 400.0 -25.0
Source: "EighthAnnual StatusReporton Minorities in Higher Education," American Council on Education, December 1989.
G 4 24 E.; 5 UPDATE OF INDIAN EDUCATION STATISTICS, continued
Table 10
Indian/Alaska Native Graduation Rates by Field of Study
Master's De rees for Selected Fields
Field Education 1976 1985 1987 1976-87 1985-87 Tota 9 Men 169 139 120 -29.0 -13.7 Women 221 329 256 15.8 -22.2
Business 1976 1985 1987 1976-87 1985-87 Total 70 Men 64 189 112 75.0 -40.7 Women 82 58 728.6 -29.3
Field: .ange Social Science 1976 1985 1987 1976-87 1985-87 Total 38 43 23 -39.5 -46. Men 24 25 17 -29.2 -32.0 Women 14 18 6 -57.1 -66.7 ------Felge Professions 1976 1985 1987 1976-87 1985-87 rtil 37 ZIT-- 62 1.6 676- Men 17 14 12 -14.3 -29.4 Women 20 47 SO 150.0 6.4
Falfari5-1-107gF Public Affairs 1976 1985 1987 1976-87 1985-87 8 13 Men 34 32 52 62.5 52.9 Women 26 53 83 56.6 219.2
6 7
t; UPDATE OF INDIAN EDUCATION STATISTICS, continued
Table 10A
Indian/Alaska Native Graduation Rates by Field of Study, continued
Master's De rees for Selected Fieldscontinued
Field: % Change % Change Engineering 1976 1985 1987 1976-87 1985-87 Total 40 47 39 -2.5 7-17- Men 40 43 33 -17.5 -23.3 Women 0 4 6 N/A 50.0
Source: "Eighth Annual Status Report onMinorities in Higher Education," American Council on Education, December 1989.
TABLE 11
Indian/Alaska Native Graduation Rate by Field of Study
by Field
% Change Field 1980 1988 1930-88 WaTion --43 -----157- --1176- Physical Science 5 11 120.0 Engilaering 3 4 33.3 Life Science 7 18 157.1 Social Science 13 12 -7.7 Humanities 3 7 133.3 Professional Other 1 6 500.0
Source: "Eighth Annual Status Report onMinorities in Higher Education," American Council on Education, December 1989.
G S 26 UPDATE OF INDIAN EDUCATION STATISTICS, continued
FINANCING THE INDIAN AND AIASKA NATIVE EDUCATION EFFORT
The Bureau of Indian Affairs and the Office of Indian Educatior at the Department of Education are the two entities first mentioned in any discussion of funding for Indianeducation. Hbwever, other federal major contributors to the Indian and Alaska Native education effort are listedin Appendix D. The total Bureau ofIndian Affairs education budget does exceed any one other program's annual fiscal contribution, but BIA funds cover everyt' ;.ng from school operationsfor BIA- and tribally-operated K-12 schools and peripheral dormitories to highereducation and adult education programs. However, this funding source is very important to its constituents, the federally recognized tribes and Alaska Native villages. Table 12 shows the appropriations for Bureau of Indian Affairs Education for fiscal years 1988 and 1989. It should be noted that certain of the line items,such as Indian School Equalization Formula, Postsecondary Schools, Tribally Controlled Community Colleges, Special Higher Education Scholarships, and Scholarships, include administrative costs as well as educational services. For further information on certain line items below, please see pages 20, 45 to 55, and 62 to 64.
TABLE 12 AiFITi:TUTTE Appropriated BUREAU OF INDIAN AFFAIRS EDUCATION Fiscal Year 1988 Fiscal Year 1989
School Operations: Indian School Equalization Formula $163,120,000 $164,290,000 Education Standards 300,000 Institutionalized Handicapped 1,428,000 1,428,000 School Boards (Expenses & Tiaining) 1,235,000 1,235,000 Student Transportation 11,962,000 11,918,000 Solo Parent 108,000 108,000 Technical Support (Agency & MIS) 8,890,000 8,807,000 Substance/Alcohol Abuse Counselors 2,400,000 2,391,000
Johnson-OTillsi 20,351,000 23,000,000
Continuing Education: Postsecondary Schools 13,362,000 11,556,000 Special Higher Education Scholarships 1,910,000 1,960,000 Tribally Controlled Community Colleges 12,868,000 12,968,000 (Operations & Endowment)
Tribe/Agency Operations: Scholarships 28,770,000 28,476,000 Tribal College3 Snyder Act Supplement 918,000 932,000 Adult Education 3,141,000 3,138,000
TOTAL: $271,263,000 $272,207,000 UPDATE OF INDIAN EDUCATION STATISTICS, continued
Authorized by the Indian Education Act of 1988, the Office of Indian Education in the Department of Education serves more Indian children and adults than any other federal education program.The service population includes not only the BIA's constituency of members of federally recognized tribes and Alaska Native villages but also members of terminated and state recognized Indian tribes and Indians/Alaska Natives living in urban areas. Subpart 1 of the Act authorizes a formula grant program for public and BIA-funded (includes BIA-operated and tribal schools) and a competitive discretionary grant program forIndian-controlledschools. Subpart 2 authorizes discretionary grant programs and the Indian Fellowship Program. Subpart 3 authorizes discretionary grants for Indian adult education, and subpart 4 authorizes the administration of theprogram and the National Advisory Councilon IndianEducation. Table 13 shows the appropriations for fiscal years 1988 and 1989 for the Office of Indian Education. In addition, Figure 1shows the number of formula grantees and the number of students served in each state. Figures 2,3, 4, and 5 depict graphically the funding levels of the Indian Education Act programs and administration since the first appropriation in 1973, while Figure 6 graphically represents the total appropriation in those years. Tables 14 through 18 also provide additional information.
TABLE 13 Appropriated Appropriated OFFICE OF INDIAN EDUCATION Fiscal Year 1988 Fiscal Year 1989
Subpart 1: Local Educational Agencies $45,670,000 $49,248,000 Indian-Controlled Schools 3,500,000 3,500,000 Subtotal: 49,170,000 52,748,000
Subpart 2: Education Services for Children 3,710,000 3,710,000 Planning, Pilot & Demonstration 1,935,000 1,935,000 Fellowships 1,600,000 1,600,000 Education Personnel Development 2,262,000 2,262,000 Resource & Evaluation Centers 2,200,000 2,300,000 Gifted & Talented Program 0 500,000 Subtotal: 11,707,000 12,307,000
Subpart 3: 155TTOTScrvices for Adults 3,000,000 4,000,000 Planning, Pilot & Demonstration 0 0 Subtotal: 3,000,000 4,000,000
Subpart 4: Office of Indian Education 2,163,006 2,206,000 National Advisory Council on Indian Education 286,100 292,000 Subtotal: 2,449,TO 2,498,000
TOTAL: $66,326,000 $71,553,000
t7-_`1 GRANTEE/STUM-NT PARTICIPANTS PY 1989 Educamitic3n Act Sutm_3tAvt 1 Frn-muliA Ge-gaints
WA 72/16,408
MT ND MN 1/54 OR 33/10,814 24/6,291 53/11.396 22/5,506 3/908* 1/430* WI NY ID 40/7,544 SD MI - 3/599 11/1,910 WY 16/4,418 6/1.856 35/10,753 65/ --I/110 10/2,450* 12,362 IA - - -3/327 HE NV 4/116 UT 8/1.938 8/1.938 OH 12/4,918 ID 2/295 4/850 I/215* 1/800 1/105 CO 8/2.018 KS MO 023/L10i 8/1,441 1/20 CA NC 111/28,059 AZ 19/17 095 1/436* 65/39,62/ NM OK fA("17171 36* 28/28,873 322/6/,022 AR 37/10,050* 2/111 27/5,799* 1/297* M S TX 2/105 AL AA12/10599 4/790 LA 8/3380
FL 7/696
Ourirlu FY 1981 00/000PWAIAlir.dlEd Glreinte*I/Studerlt Cc:bur-It BIA F-7,r-mtAlk-AGveuritcpc9s 41111111MMIIIIMMME
Figure 1 t) .. LNUJI.A14 IBULICI:AUXUN A(.31, SUBRART 1 (Tc3rm.ar1y Riar-t. A)
YR.
73 $11,500.000
74 $25,000,000
75 $25,000,000
76 $35,000,000
77 $37,000,000
78 $38,850,000
79 $48,000,000
80 $52,000,000 $58,250,000 SI
82 $54,960,000
83 $48,465 000
84 $50900,000
85 $50,323,000
86 $47,870,000
87 $47,200,000
88 $49,170,04 $52,748,000 89
55 \ 60 65 10 15 20 25 30 35 40 45 50 iiimillionss
Figure 2 30 I.;
t) UPDATE OF INDIAY EDUCATION STATISTICS,continued
TABLE 14
American Indian/Alaska Native Participants in IndianEducation Act Subpart 1 Formula Grant Program by State - Local EducationalAgencies and BIA/Tribal Schools Fiscal Year 1989
L c a 1_ uc at i I _1eijsi s e_ BIA/Tribal Schools #o tu ent ota tate # of B/T .tu ent State Grants Count Grant Amt. PPE* Grants Count Grant Amt. PPE* a ama Alaska 47 21,779 6,426,344 295 $126 Arizona 65 39,627 5,173,422 131 37 10,050 $1,268,393 Arkansas 2 777 78,227 101 133 California 111 28,059 3,853,378 137 1 436 57,884 Colorado 8 2,018 308,283 153 Connecticut 1 110 22,023 200 Delaware D.C. Florida 7 696 97,274 140 Georgia Hawaii Idaho 11 1,910 181,882 95 Illinois 1 t,00 121,005 151 IMO Indiana 1 105 13,754 131 Iowa 4 776 108,856 140 Kansas 8 1,441 208,776 145 Kentucky - Louisiana 8 3,3F9 382,126 113 Maine 4 426 60,417 142 Maryland 4 850 149,577 176 Massachusetts 3 599 113,528 190 Michigan 65 12,362 1,982,305 161 Minnesota 53 11,396 1,754,775 154 Mississippi 2 105 9,090 87 Missouri 1 20 2,558 128 Montana 33 10,814 1,670,735 154 Nebraska 8 1,938 268,146 138 UPDATE OF INDIAN EDUCATION STATISTICS, continued
TABLE 14A
American Indian/Alaska Native Participants in Indian Education Act Subpart 1 Formula Grant Program by State - Local Educational Agencies and BIA/Tribal Schools Fiscal Year 1989
LocalEducational Agencies BIA/Tribal Schools # of LEA Student Total State LEA 0 of BIT Student Total State B/T- State Grants Count Grant Amt. PPE* Grants Count Grant Amt. PPE* Nevada 12 3,280 $ 431,719 $132 =Po IN/ New Hampshire - - - New Jersey 3 327 71,709 219 - New Mexico 28 28,873 3,784,346 131 27 5,799 $ 734,774 $127 New York 16 4,418 1,057,383 239 - North Carolina 19 17,095 1,970,459 115 1 938 104,521 111 North Dakota 24 6,291 796,514 127 3 908 111,138 122 Ohio 2 295 39,893 135 - - - Oklahoma 322 67,022 7,650,976 114 1 297 32,777 110 Oregon 22 5,506 879,670 160 1 430 66,413 154 Pennsylvania ------Rhode Island 1 195 35,809 184 - - - - - South Carolina ------South Dakota 35 10,753 1,218,788 113 10 2,450 270,209 110 Tennessee 1 28 2,916 104 - - - Texas 4 790 99,209 126 - - - Utah 12 4,918 437,521 89 1 215 18,491 86 Vermont 1 514 83,293 162 - - - Virginia 2 110 15,317 139 - - Washington 73 16,408 2,395,972 146 - - - - W. Virginia - Wisconsin 7,544 1,256,959 167 - - - - Wyoinin 1 856 355 597 192 - - Urtil 1 ---ms---8-2---2-r723---$27664,600 M4 Total B/T 82 21 523 2 664 600 124 MUNLIT.517T-Til
*PPE - Per Pupil Expenditure Sou,-ce: Office of Indian Education, Department of Education, Washington,DC.
32 ,0 UPDATE OF INDIAN EDUCATION STATISTICS, continued
TABLE 15
Indian Education Act Subpart 1 - Indian-Controlled Schools Discretionary Grant Awards by State, Fiscal Year 1989
Indi.An-Controlled Schools
State Grants Total Funds F107.17&------1----$-87,379 Kansas 1 82,236 Minnesota 4 967,427 Mississippi 1 316,971 Montana 1 344,034 Nevada 1 117,245 Newr Mexico 3 315,299 North Dakota 1 366,847 Oklahoma 2 275,026 South Dakota 2 311,302 Washington 1 177,219 Wyoming 1 139,015 Total (12 States) 20 $3,500,000
Source: Fiscal Year 1991 Budget Justification, Office of Indian Education
33 INOMAN COUCATION AM", SUMP/MR-1r 2 (Vc3r-mE)r-ly Peirt 0)
YO.
73 $5,000,000
74 $12,000,000
75 $12,000,000
76 $16,000,000
77 $14,080,000
78 $14,400,000
79 $15,500,000
80 $15,600,000
81 $14,500,000
82 $14,880,000 03 $12,600,000
84 $12,000,000
85 $11,760,000
86 $11,301,000
87 $11,568,000
08 I $11,707,000
89 $12,307,000
10 12 14 16 18 20 22 if-I milliC3r1S
Figure 3 14 g Lt UPDATE OF INDIAN EDUCATION STATISTICS: continued
TABLE 16
Indian Education Act Subpart 2 - Discretionary Grant Awards, Fiscal Year 1989
Educational Services and Planning, Educational Personnel Pilot, and Demonstration Programs Development Ftograms
State Grants Total Funds State Grants Total Funds Alaska 1 $128,180 California 1 $ 190,654 Arizbna 3 557,462 Montana 3 661,937 California 4 680,273 New Mexico 1 59,025 Colc. .do 1 110,889 Oklahoma 3 526,900 D.C. 1 116,527 Pennsylvania 1 194,917 Kansas 1 91,441 South Dakota 2 206,731 Mhssachusetts 1 110,840 Wisconsin 2 356,459 Minnesota 5 985,062 !yarning 1 121,492 Mississippi 1 166,165 Total (8 States) 14 $2,318,000 Montana 1 82,621 (New Awards 14) Nebraska 1 120,763 (Continuations 0) New *xico 5 533,535 North Dakota 2 222,033 Oklahoma 3 352,614 South Dakota 1 49,949 Utah 1 113,070 Washington 6 747,965 Wisconsin 3 475,606 Total (18 States) 41 $5,644,995 (New Awards 32) (Continuations 9)
Source: Fiscal Year 1991 Budget Justification, Office of Indian Education.
cb(9 rl 35 UPDATE OF INDIAN EDUCATION STATISTICS,continued
TABLE 17
Indian Education Act Subpart 2 - DiscretionaryGrant Awards, Fise:a1 Year 1989 by Category
Planning, Pilot, and Demonstration
Subpart 2 Applications Number Percent Total by Received Awarded Awarded Cate o anning 23 1 4.3% $1417 0 Pilot 32 9 28.1% 1,020,515 Demonstration 30 6 20.0% 755 335 Total 85 16 TETf---517I72X-§ (New Awards 12) (Continuations 4)
Educational Services for Indian Children
Subpart 2 Applications Number Percent Total by Category Received Awarded Awarded Cate o 127-TailUTs--- 112-- 2 1Trew Awards 20) (Continuations 5)
EdcationalLPersollTen12222EL
Subpart 2 Applications Number Percent Total by Cate o Received Awarded Awarded Cate o 5* EPD "5322" 27 7 25.0% 1 093 000 Total 55 (New Awards 14) * Includescarryover funds of$56,115.
Fellowships
Subpart 2 Applications Number Percent Total by CaqgplyRfseked____Awarded Category Fellos-67-8n4 18.3F$1,570,961 (New Awards 51) (Continuations 73)
Source: Fiscal Year 1991 Budget Justification,Office of Indian Education. INUMAN EIDUCATWN ACT, ."LJORART a Ftrt. IC)
YR.
72 $500,000
74 $3,000,000
76 $3,000,000 78 $4,000,000 77 $4,200,000 78 $4,410,000 79 $6,930,000 80 $5,830,000 GI $5,430,000 82 0,213,000 83 $5,531,000 84 $3,000,000
86 $2,940,000 88 $2,797,000
87 $3,000,000 88 $3,000,000
69 $4,000,000
1000 1600 2000 2500 3000 3500 4000 4500 6000 5500 $000
Uhoc_lusrancil
Figure 4 3 7 '7/ UPDATE OF INDIAN EDUCATION STATISTICS, continued
TABLE 18
Indian Education Act Subpart 3 - Discretionary Grant Awards, Fiscal Year 1989 by Category
Applications Numkr Percent Subpart 3 Subpart 3 Receiv-d Awarded Awarded Total
New Awards (Continuations 2)
Subpart 3 - Special Programs for Indian Adults Fiscal Year 1989 by State
State Grants Total Funds Alaska 1 F-7701E-- Arizona 2 228,457 Colorado 1 128,457 Idaho 1 122,586 Louisiana 1 64,410 Massachusetts 1 146,232 Michigan 1 28,468 Minnesota 5 823,975 Mississippi 1 307,414 Montana 3 355,373 Nevada 1 98,528 New Mexico 1 87,107 North Dakota 2 161,429 Oklahoma 4 577,539 South Dakota 1 87,260 Utah 2 159,187 Washington 4 536 033 7576TE-CDT-EiiiTiTYT----$47156Y:TO (New Awards 30) (Continuations 2)
Source: Office of Indian Education, Department of Education, Washingtun, 1)42.
38 eva_ INDIAN EDUCATION ACT, SUBPART A PrAy-t. 0)
YR.
73 $1,000,000
74 $1,759,000
75 $2,000.000
76 $2,055,000
77 $1,932,000
78 $2,072.000
79 $2,305,000
80 82.470.000
81 83,500,000
82 $2,799,000
83 $2,589,000
84 " $2,880,000
85 $2.381,000
86 $?,219,000
87 $2,268,000
88 $2,449,000
89 $2,498,000 3500 3750 4000 1 000 1250 1500 1750 2000 2250 2500 2750 3000 3250
thc3ussairlds
Figure 5 kJ() 39 INDIAN EDUCATIC3N ACT, FISCAL"YEARS 1979S9 (Total Oudgett)
YR.
73 $18,000s coo
74 $41,759,000 75 $42,000.000
76 $57,055,000
77 $57,212,000 78 $59,731i .000 79 871,735,000 80 $75,900,000 $81,680,000 81 82 $77,852,000 83 $69,185,000
84 $68,780,000
85 $67,404,000 86 $64,187,000
87 $64,036,000
88 166,326.000 $71,553,000 89 60 65 70 75 BO 85 15 30 35 40 45 50 55 ire millictn
Figure 6 40 UPDATE OF INDIAN EDUCATION STATISTICS, continued
PARTICIPATION BY INDLANS/ALASIA NATIVES IN SELECTED FEDERAL PRO(RAMS
AmericanIndians/AlaskaNatives, by virtueof their relativestanding inthehierarchy of America's socio-economic structure, are often able to participate in various programs designed to provide equitableaccessin educationalpursuits. Several factors predisposeIndians/Alaska Natives, as well as other minorities, for inclusion in such programs including family income, single versus dual parent families, low achievement scores, demographics of residence, employment, cultural differences, etc. The correlation between economic status and achievement levels cannot be overestimated as the number of minority students attending public schools increases and average test scores fall. The overall intention of programs for the disadvantaged is to raise academic levels to those approaching the national norms. The following programs provide services to eligible students, including American Indians/Alaska Natives. Brief program descriptions follow, including the number of Indian/Alaska Native participants by state, if available.
(ha ter 1 Pro ram (Department of Education)
Chapter 1 is a compensatory education vogram administered by the Officeof Elementary and Secondary Education within the Department)f Education. Part A of Chapter 1 provides financial assistance through state educational agencies (SEAs) to local educational agencie5 (LEAs) to meet the special educational needs of educationally deprived children in school attendance areas and schools with high concentrations of children from low-income families and to meet the needs of children in localinstitutions for neglected or delinwent children. ibis assistance is to improve the educational opportunities of educationally deprived children by helping them succeed in the regular program, attain grade-level proficiency, and improve achievement in basic and more advanced skills that all children are expected to master.
Indian/Alaska Native children receiving Chapter 1services in public schools from fiscal years 1982 to 1985 comprised two percent of the total Chapter 1 student population for each of those years. In fiscal year 1986, the Indian/AlaAa Native student population dropped to one percent. For fiscal years 1987 and 1988, such students again increased to two percent .f the total Chapter 1 population. Table 19 shows the distribution by state of the number of AmericanIndians/Alaska Natives counted for Chapter 1 services during school year 1987-88.
Authorizing legislation for Chapter 1 also permits a portion of of the Chapter 1 appropriationfor LEAs to be set-aside for Indian children in out-of-state schools and for Indianchildren attending tribally-operated schools and BIA-operated schools. As with the btoader Chapter IProgram,a child is considered educationally disadvantaged if the child needs specialassistance to perform at a grade level appropriate for his or her age and comes from afamily background that is economically disadvantaged. In the BIA school system (including tribal schools),all Indian students are considered economically eligible, but they also must be performing at anacademic grade level below national norms to participate.
41 UPDATE OF INDIAN EDUCATION STATISTICS, continued
TABLE 19
IAmerican Indians/Alaska Natives Participating in Chapter 1 During Fiscal Year 1988 By State
State LEA SEA State LEA SEA Vaama 161 Mbntana 2,294 54 Alaska 2,552 Nebraska 879 17 Arizona 14,276 105 Nevada 333 7 Arkansas 120 0 New Hampshire 7 California 6,696 New Jersey 236 0 Colorado 556 3 New Mexico 5,659 44 Connecticut 41 5 New York 962 2 Delaware 21 0 North Carolina 3,194 67 D.C. 0 0 North Dakota 905 Florida 210 Ohio 105 2 Georgia 37 0 Oklahoma 8,893 28 Hawaii 34 0 Oregon 1,085 52 Idaho 436 2 Pennsylvania 107 5 Illinois 178 1 Rhode Island 79 0 Indiana 73 1 South Carolina 144 0 Iowa 208 9 South lakota 2,593 67 Kansas 287 11 Tennessee 57 Kentucky 14 1 Texas 427 Louisiana 664 0 Utah 1,370 15 Maine 111 Vermont 101 0 Maryland 140 3 Virginia 69 0 Massachusetts 145 1 Washington 2,854 20 Michigan 1,362 7 West Virginia 10 Minnesota 2,336 Wisconsin 1,293 Missiscippi 164 Wyoming 186 Missouri 3 BIA Cha ter 1 16,801 0 u total 81,468 534 SEA Student Count 534 GRAND TOTAL REPORTED 82,002 * Not Reported LEA - Local educationalagencies providing basic Chapter 1 services. SEA - State educationalagencies providing Chapter 1 services for neglecLed or delinquent children. Source: Chapter 1 Program Office, Department of Education.
42 UPDATE OF INDIAN EDUCATION STATISTICS,continued
TABLE 20
American Indian/Alaska Native Participation inChapter 1
Per Pupil Fiscal All AI/AN Per Pupil BIA Wenditure Year Participants Partici ants (%) Exp-nditure Participants 1989 1 . $1,478 1988 4,943,763 81,547* (2%) $696 16,801 15,479 1,602 1987 4,700,114 70,894 (21) 15 497 1,435 1986 4,725 970 82,357 (2%) 645 although there is a * This total was reported by Chapter1 Program staff, discrepancy with the total from state reportsshown in Table19. Source: Chapter 1 Program Office, Department ofEducation.
Impact Aid Program (Department ofEducation) educational agency (LEA) which is soaffected by Under TitleI of Public Law 81-874, any local federal activities as to have had aburden placed on it and which providesfree public elementary tuitioncharge, secondary education,under public supervisionand direction without and/or The pursuant to the laws of the statein which it is located, may applyfor Impact Aid funding. arising from federal property in two kinds of burden recognizedby the law are a revenue burden service burden arising from the LEA the school district not subject toreal property taxes and a base, with providing educational services forfederally-connected children without having a tax The total appropriation respect to those children,adequate to provide them with theseservices. $227,301,183 (33 percent) went to during fis(-1year 1989 was$693,000,000. Of this amount, Native children enrolled in theirschools. school dist. ts that have Indian/Alaska (federal property held in trust for the Under the category of childrenresiding on Indian lands Aid funds are primarily of Indian tribes and Alaska Native villages),students generating Impact Impact Aid or Alaska Nativedescent, although non-Indiansliving on Indian lands also generate daily The Indian lands students representonly 5 percent of the program's total average funds. often attendance, yet they account for 33 percentof payments. Indian and Alaska Native students school districts in areas on or near make up large percentages ofthe enrollments of the public funds may account for over reservations or Alaska Native villages. In some instances, Impact Aid additional amounts of 50 percent of the operatingbudgets. In addition, thesedistricts receive
43 U UPDATE OF INDIAN EDUCATION STATISTICS, continued supplemental program funds, such as Chapter 1 and Indian Education Act (Title V) dollars,but because these dollars are for specificpurposes, they cannot be spent on many of the other high cost general budget items needed tc educate students who residein extremely remoteareas of the country. Consequently, Impact Aid funds whichgo into the general operating budget of the LEAare important to the education of both Indian andnon-Indian students in the school district.
The law provides that school districtsreceive 125 percent entitlement for ea,',4.ild living on non-taxable Indian land for whom it provides freepublic education, regardless o; therace of the child. However, there are special provisions coveringIndian children claimed, which requirethe school district to establish policies andprocedures that insure that (1) Indian childenclaimed by the school district in itscount must participate on an equal basis with allother children educated by the school district (to prevent disparity withina district); (2) applications, evaluations, and program plans are adequately disseminatedto tribes and parents of Indian children claimed in the count; and (3) tribesand parents of such Indian studentsare afforded an opportunity to present their views regarding theapplication including making recommradations concerning the needs of their children are actively consulted and involved in the phatung and development of programs, andareaffordeda general opportunity to present their overall viewson the educational programs, including the operationsof such programs, and the degree of parental participation allowed.
Any tribe, or its designee, which has studentsin a school district,may file a written complaint with the Secretary of Education regarding the actions of a schoc district under the aforementioned special provisions. The definition of "Indian tribe" in the law includesAlaska Native village or regional or village corporation. The lawand regulations specify the requirements for a hearing on the complaint andresolution of the matter.
American Indian/Alaska Native studentsmay be counted in two categories, those students who reside on Indian lands and those special education (handicapped) studentswho reside on Indian lands. Table 21 shows the distribution of fundsto districts with federally-connected students and the numbers of Indian/Alaska Native students countedduring the last five fiscal years.
44 .1 1 UPDATE OF INDIAN EDUCATIONSTATISTICS, continued
TABLE 21 School Districts Under ImpactAid American Indians/AlaskaNatives Generating Funds to
Number of Percent of Total Total Impact Aid AI/AN Percent of Federally Fiscal Year Pa vnts riation ApDropriation Year Students Connected Students T989 --765747 ----5.91% 38 237,007,125 35.36% 670,180,000 1988 106,089 5.39% 225,590,766 34.02% 663,000,000 1987 101,794 5.00% 221,988,264 36.07% 615,300,000 1986 104,607 5.12% 224 107 327 34.85% 643 000 000 1985 99 708 4.88%
Impact Aid Indian/AlaskaNative Students Counted ByCategory
Indian "A" Total Students Year Indian "A" St-cial Ed. 1 109, 106,089 1988 94,364 11,725 101,794 1987 90,932 10,862 104,607 1986 93,895 10,712 99 708 1985 90 142 9 566
Office of Impact Aid, Departmentof Education Source: Impact Aid Program Reports,
(Jaw Pro ram (De artment of theInterior) Bureau of Indian AffairsJohnson-O'Malle
Educational Assistance Actof 1934, as amended, this programprovides Under the Johnson-O'Malley attending public the BIA to contractorsfor eligible Indian students financial assistance through and address the special Funding may be used to supplementthe regular school programs schools. contractors and localIndian education educational needs of thesestudents as determined by providedby the JOM Programrelate to Thetypes of supplementalactivities committees. Popular programs includehome-school educational needs, teacher support,and parental costs. coordinators and academicremediation. distribution by state. Table 22 shows the fiscal year1989 Johnson-O'Malley
45 1u UPDATE OF INDIAN EDUCATION STATISTICS, continued
TABLE 22
BIA Johnson-O'Malley Educational Assistance Program Fiscal Year 1989 Data by State
State Av. JOM Number Per Pupil Per Student State State Served Oast Amount Allocation
Alaska 24,540 frrn8,183 201.33 4,940,000 Arizona 43,633 3,007 98.87 4,313,000 California 4,040 3,458 98.87 399,400 Colorado 693 3,911 98.87 68,500 Connecticut 34 4,670 115.05 3,900 Florida 524 3,417 98.87 51,800 Idaho 10856 2,417 98.87 183,500 Iowa 540 3,552 98.87 53,400 Kansas 537 3,761 98.87 53,100 Louisiana 114 3,053 98.87 11,300 Mhine 206 3,387 98.87 20,400 Michigan 3,021 4,065 98.87 301,400 Minnesota 6,420 3,872 98.87 634,700 Missouri 12 3,122 98.87 1,200 Mississippi 485 2,169 98.87 48,000 Montana 8,667 3,999 98.87 856,900 Nebraska 1,743 3,553 98.87 172,400 Nevada 3,350 3,384 98.87 331,200 New Mexico 29,632 3,080 98.87 2,929,700 New York 2,103 5,829 143.81 302,400 North Dakota 3,171 3,386 98.87 313,500 Oklahoma 41,458 3,078 98.87 4,098,900 Oregon 2,475 4,051 99.77 246,900 Rhode Island 523 4,566 112.35 58,800 South Dakota 9,690 2,947 98.87 958,000 Texas 266 3,191 98.87 26,300 Utah 2,973 2,351 98.87 294,000 Washington 6,255 3,794 98.87 618,400 Wisconsin 5,051 4,093 100.67 508,500 Wyoming 1 251 0S1 124.03 (31 States) Total 205,705 3,705 111.81 US400;00U
Source: Fiscal Year 1990 Budget Justification, Bureau of Indian Affairs
U UPDATE OF INDIAN EDUCATION STATISTICS,continued
Adult Edu_adim r aial De artment of Education) Public Law 100-297. The The Adult Education Act wasreauthorized in 1988 in Part B, Title II, The objectives of the Adult authorization for appropriations is through fiscal year 1993. adults and to encourage the EducationAct is to improve educational opportunities for basic educational establishment of adult education programsthat will enable all adults to acqpire skills necessary for literatefunctioning, enable adults who sodesire to complete secondary and retraining programs andobtain school,and enable adults to benefitfrom job training productive employment to more fully enjoythe benefits and responsibilitiesof citizenship. by a Federal grants are made to designated state(including insular areas) educational agencies The states fund formula based on the number of adultswho have not completed secondaryschool. described in the state plan local programs of adult basic andsecondary education based on need as other public or private nonprofit resources available. Local educational agencies and and and agencies, organizations, and institutions areeligible for subgrants; however, tribal groups Indian organizations are not alwayseligible to participate because ofomission of Indians/Alaska Natives from the state plan and thedefinition of "local educational agency(LEA)"inthe LEA as a public school district. authorizing legislation. That definition basically identifies an (ABE) and General Educational The two primary programs offeredinclude the Adult Basic Education those individuals with limited Development(GED)programs. In general, ABE programs prepare the basic fundamentals skills in English and mathematics sothat they can progressively master This is a prerequisite for many before attempting the curriculumof GED preparatory courses. education for years. Indian/Alaska Native adults who have notbeen involved in any type of formal with thetotal adult 23 shows how AmericanIndians/Alaska Natives compare nationally Table Indians/Alaska Natives most education community funded underthe state-administered program. participants each year. often make up less than one percentof the total adult education
TABLE 23 ro le. in parison o 'H-rican nfianslas . latives State-Administered Adult Education Programs
IniILLIotal AI/AN (%)
1988 3,039,430 26,904 0.89% 1987 2,949,720 42,309 1.43% 1986 3,069,677 25,272 0.82% 1985 2 879 125 26 102 0.91%
Source: Adult Education State ProgramsOffice, Department of Education
47 UPDATE OF INDIAN EDUCATION STATISTICS, continued
It should be noted that, dependingon how some states arrive at their figures, there isa possibility of duplicate counts between stat-administeredadult education programs and those operated by tribes, villages,or Indian/Alaska Native organizations through grants from the Office of Indian Educationor Buleau of Indian Affairs. This occursbecause states administer the GED examinations and are able to include all Indians/AlaskaNatives applying for GED certification in their yearly reports. Federal appropriations for the followingyear are then based on this inflated number of persons served. States with sizableIndian populations stand to benefit without actually having servedsome of the Indians/Alaska Natives they count. Table 24 shows by state the combined number of Indians/Alaska Natives enrolled inGED and adult basic education (ABE) programs funded under the AdultEducation Basic Grants Ptogram.
The attention of the reader is directed to datafor the State of California for fiscalyear 1987, in which 16,605 Imdians/Alaska Natives reportedlyparticipated in the state-administered ABE/GED programs. It is not likely that this figure is accurate, giventhe fact that 2,214 Indians/Alaska Natives were reportedly served in fiscalyear 1986 and 1,691 such individuals were reportedly served in fiscal year 1988. It is further argued that it isvery unlikely that 16,000-plus Indians or Alaska Nativeswere able to complete the requirements for of an ABE programor GED certificationin one year. It is mostlikely that either thestate erroneously reported information for fiscal year 1987or that the Division of Adult Education and Literacy madean error in keying in the state's data. Clearly, this information is inconsistent withall other years and should be checked to ensure that a ten-folderror has not been made in California's report and that a 15,000-person error was not made in the totalfor all states for fiscal year 1987.
48 113 UPDATE OF INDIAN EDUCATIONSTATISTICS, continued
TABLE 24 Programs ABE/GED Indian/Alaska NativeParticipants in State-Administered Fiscal Years Fiscal Years 1986 1987 1988 1989 1987 1988 1989 State 1985 State 1985 1986 241 240 249 6T 76---77-278 Nebraska 392-- 438 Alabama 778 57 15 54 21 28 2,716 2,076 1,399 1,630 1,476 Nevada Alaska 1 0 5 5 868 950 1,376 Nevi Hampshire 1 Arizona 867 800 36 82 158 New Jersey 97 105 59 Arkansas 109 77 157 118 New Mexico 1,399 1,500 1,820 1,689 2,262 2,930 2,214 16,605 1,691 518 California 1,030 977 498 502 640 178 213 235 270 266 New York Colorado 821 882 1,752 1,903 2,219 103 96 142 85 104 North Carolina Connecticut 366 379 508 392 573 27 8 4 7 9 North Dakota Delaware 342 207 358 203 238 1,737 1,258 1,924 1,508 1,457 Ohio Florida 1,454 1,753 1,551 1,506 1,734 43 29 45 87 143 Oklahoma Georgia 739 780 664 635 696 0 21 24 120 127 Oregon Hawaii 73 56 79 116 178 20e 474 469 630 565 Pennsylvania Idaho 27 24 21 195 345 Rhode Island 22 75 Illinois 160 134 665 173 South Carolina 101 143 323 300 64 188 138 191 247 Indiana 1,422 1,407 1,727 1,505 1,316 143 140 156 222 134 South Dakota Iowa 59 67 54 80 102 411 127 94 148 130 Tennessee Kansas 934 811 1,061 1,051 742 48 76 81 115 103 Texas Kentucky 576 583 789 735 544 1,399 130 235 162 175 Utah Louisiana 0 121 85 24 19 86 62 82 106 67 Vermont Maine 16 22 14 22 43 153 186 173 238 223 Virginia Maryland 847 836 775 936 779 139 129 290 171 173 Washing# ,n Massachusetts 12 24 )3 69 42 302 1,732 1,577 1,478 659 West Virginia Michigan 391 329 658 892 1,089 1,548 2,242 2,410 2,373 2,685 Wisconsin Minnesota 259 135 192 181 41 25 55 94 25 Wyoming Mississippi 0 4 2 10 341 288 246 Dist. of Columbia Missouri 259 327 0 Guam 0 4 (VI)* 5 Montana 841 787 680 855 725 otal iii 25 3 II,
participants in 1986. Guam had no such participantsfor * The Virgin Islands had4 Indian/Alaska Native 1986. Division ofAdult Education and Literacy,Office of Source: Program Reports,Fiscal Years 1985-89, Vocational and Adult Education,Department of Education.
49 UPDATE OF INDIAN EDUCATION STATISTICS, continued
The following is a brief overview of adult educationprograms offered by the two major Indian education funding providers, the Office of Indian Educationof the Department of Education and the Bureau of Indian Affairs of the Department of the Interior.
Office of Indian Education Adult Education Proram(Deartment of Education)
The Office of Indian Education's Adult Education Programis a competitive discretionary grant program. Adult education grants are awardedon a competitive basis to Indian tribes, Alaska Native villages, organizations, and institutions, Awards are made for a period of 12 to 36 months. Awards made for 12 months usually donot provide enough time for many adults to master basic fundamentals needed toeven attempt the GED level curriculum. The objectives of this program are to enable Indian/Alaska Native adults to acquire basic literacy,complete secondary school, and secure the educationnecessary for them to benefit from vocational training. Many projects also offer consumer education and other specialservices such as academic and career counseling, aptitude and vocational testing, and job referral. In fiscal year 1989, the Office of Indian Education awarded 32 grants to projects servingapproximately 7,200 Indian adults. These awards went to 12 tribes, 14 Indian organizations, and 6tribally controlled community colleges. Eleven of the awards were in urbanareas land21 in rural or reservation settings. The grants ranged from $28,468 to $307,414.
TABLE 25
Office of Indian Education, Education Services for Indian Adults
Number of AI/AN Per Pupil Year ro riation Programs 1.2cp_ticiants Ex nditure 1989 .4,001,111 52 7,200 556 1988 3,000,000 25 5,650 531 1987 3,000,000 29 9,600 313 1986 2,797,000 25 10,692 262 1985 2,940,000 22 7 222 407
Source: Fiscal Year 1989Budget Justification, Office of Indian Education.
50 LA. UPDATE OF INDIAN EDUCATIONSTATISTICS, continued pirogamlEtpartmenLof_the Interior) Bureau of Indian AffairsAdult Education Program are to provideeducational opportunities The objectives of theBureau's Adult Education Indians/Alaska Natives to completehigh school graduation and learning experiences toenable adult literacy skills, and gain newskills and knowledge toimprove their requirements, acquire basic Program is based and as members of thecommunity. The Adult Education functioning as individuals the assessed needs of theadult priority, and the curriculumis a direct result of on tribal In fiscal year 1989, 75 tribes Nativepopulation withintheservice area. Indian/Alaska contracts,and Bureau of Indian administered adult education programsunder Public Law 93-638 Affairs offices administered13 programs.
TABLE 26
Bureau of Indian AffairsAdult Education Program
Number of AI/AN Per Pupil Participants Ex nditure Year ro riation Pro rams 8 55 -178-0 38 00 12,000 251 1988 3,141,000 88 13,000 262 1987 3,141,000 88 12,800 265 1986 3,391,000 88 13 520 257 1985 3 474 000 88 Justification, Bureau of Indian Source: Fiscal Year 1990 Budget Affairs .416
of the 88 adult educationprograms fundedin fiscal Tabie 27 provides abreakdown by area office year 1989.
51 oFDATE OF INDIAN EDUCATICN STATISTICS, continued
TABLE 27 ult Education Programsy Area 0 ice
Area Office Projects 3NTEJ17--- 9 Albuquerque 7 Anadarko 8 Billings 0 Eastern 9 Juneau 7 Minneapolis 4 Muskogee 5 Navajo 4 Phoenix 4 Portland 20 Sacramento 4 BIA Field Offices 7 Total 88
Source: Office of Indian Education Programs, Bureau of Indian Affairs, Washington, DC. Please note that BIA Field Office information above is inconsistentwith that provided in the BIA Fiscal Year 1990 Budget Justification.
Vocational Education Pro rams (De artment of Education)
The Department of Education administers vocationaleducation programs as authorized under the Carl D. Perkins Vocational Education Act. Primary goals of the Act are to improve and modernize vocational education to meet the needs of the workforce, promote economic growth, and toassure that disadvantaged and handicapped students and other specialpopulations have access to quality vocational education programs. To accomplish these goals,the Act identifies various target populations,prescribes all(nation mechanisms,andlists requiredor desired services. The various programs and amounts funded under the vocationaleducation authorization for fiscalyear 1989 wete:
Basic Grants $831,566,000 Consumer and Homemaking Education 33,118,000 National Programs 26,005,000 Community-based Organization 8,892,000 State Councils 7,904,000
Permanent Appropriation (Smith-Hughes Act) . 7,148,000
1, UPDATE OF INDIAN EDUCATIONSTATISTICS, continued
distributed to the states in theBasic Grants Program. Indian tribes and The majority of funds is whether the state has organizations may be eligible toparticipate in the program depending on If such needs are not in the plan included Indian vocationaleducation needs in the state plan. subgrants as public or privatenonprofit to allow tribes and Indianorganizations to compete for authorizing legislation, whichdoes organizations, some states usethe definition of "LEA" in the competitive not include tribes, as a wayto eliminate tribes andIndian organizations from the needs of American In general, most states assumethat the vocational education grants process. of the Act, which annually Indians/Alaska Natives are being metunder the set-aside provision education budget be used forIndian/Alaska provides that 1 1/4 percentof the total vocational of Indian Affairs is required tomatch the 1 Native programs. Under this provision, the Bureau specifically for Indians/AlaskaNatives. 1/4 percent set-aside amount,thereby doubling the money asked for and received awaiver from The BIA has never met thisrequirement and has annually $70 million has been lost inservices to Congress. It has been estimatedthat approximately Indian/Alaska Native people since 1978. the criteria for programeligibility, it is Although Indian/Alaska Nativestudents meet all in vocational education programsat the uncertain how many, and towhat degree, they participate there was any type of formal countof the number and public school level. The last year for which the 1982-83 school year. Reasons ethnicity of participants invocational education programs was yearly counts of participantsinclude: duplication of countsfor for currently not conducting who than one vocational education course;those students in high school those students taking more institutions; and several college level vocational courseswould be counted by both are taking within thevocational designations,such asspecial education services, internal categorical From the last year a count wasconducted education program also lend toduplication of count. Indian/Alaska Native females (1982-83), there were 30,616Indian/Alaska Native males and 33,218 Surprisingly, Indian/Alaska Native reportedly served, for a totalof 63,834 such participants. 3,000. The total number of vocational females outnumberedIndian/Alaska Native males by almost in high school and ininstitutions of higher education participants duringthe 1982-83 school year education was over 9,810,000.
Indian Vocational EducationPro ram (De artment ofEducation) assistance in the form ofdiscretionary grants The purpose of this programis to provide financial (federally recognized) and AlaskaNative groups to eligible Indiantribes and tribal organizations portions of programsautho-ized by and consistent to plan, conduct,and administer programs or The two primary objectifesof this program are with the Carl D. PerkinsVocational Education Act. record of trainees servedunder this authority and(2) to promote (1) to improve the job placement is given to tribal/Alaska Native economicdevelopment plans. Funding priority linkages to To substantiate a 65 percent placementrate for programcompleters. applications which would organizations in 400 projects funded servingapproximately 100 tribal date, there have been over Table 28 shows the funding 30 different states. The programhas been in existence since1977. history of this program. 53 UPDATE OF INDIAN EDUCATION STATISTICS, continued
TABLE 28
Indian Vocational Blucation Funding History
Gantinuation New Total Applications iiscal Year ro riation Pro'ects Pro'ects PI las Received 1989 .10,818,990 35 5 40 39 1988 10,462,777 28 12 40 71 1987 10,414,352 18 30 48 71 1986 9,564,367 19 22 41 92 1985 9,895,639 25 20 45 74 1984 6,733,624 29 0 29 0 1983 6,645,484 0 30 30 87 1982 5,936,734 22 0 22 0 1981 6,186,230 26 0 26 0 1980 6,929,755 8 26 34 58
1979 5,929,888 29 3 32 LI. 1978 5,437,777 19 11 30 40 1977 5,2814476 0 20 20 78
Source: Indian VocationalEducation Program,OfficeofVocational and Adult Education, Department of Education.
Vocational education training is offered in a wide range of occupations including construction trades,heavy equipment operation,business and clericalskills, small business management, forestry, agricultural c-zupations, automotive repair, upgrading skills of police officers, boat building, fisheries management,and tourism. In addition, bilingual training in a variety of vocational occupations is also offered. Urban programs may also apply for funding, if they obtain a tribal resolution authorizing the participation of tribal members. UPDATE OF INDIAN EDUCATION STATISTICS,continued 'OM
Bureau of Indian Affairs AdultVocational Training docs not fall under the authorityof the The Bureau of IndianAffairs Adult Vocational Training the Office of Tribal Services. Office of Indian Education Programsbut is administered through training to Indians and AlaskaNatives in fields in which they can This program offers vocational provides obtain the necessary skills tobecome employable. The adult vocational training program trade, apprenticeships, counseling, guidance, institutionaltraining in any recognized vocation or 400 training institutions,each with a and on-the-job training. The BIA uses approximately anestablishedrecordof reputation in the field of vocational training and recognized These schools offer successfully placing their studentsin suitable employment upongraduation. ig, auto mechanics,computer courses to theIndian/Alaska Native trainees in areassuch as weld cosmetology, and x-ray technology. The programming, secretarialskills, registered nursing, 35 years of age, who aremembers of program is available toadult Indians/Alaska Natives, 18 to the reservation, trust federally recognized tribes/AlaskaNative villages and reside on or near Applicants are assisted in theselection of their training land, or Alaska Nativevillage. interpretation of aptitude skills testresults. This is program throughpersonal counseling and attain the necessary skills to to ensure that all applicants aretrained in a field where they can offers assistance to approximately3,000 become employable. Annually, the vocational program Indian/Alaska Native adults. for Indian During fiscal year 1989,two other institutionsoffered adult voce4ional programs North Dakota, and the These were the United TribesTechnical College (UTTC) in Bismark, adults. the Bureau of Iadian Affairs National Ironworkers Training Program. UTTC is under contract with training in 1 of 10 vocationalskill areas, to provide Indianapplicants with an opportunity for completion of training. Through counseling and testing,UTTC plus job placement assistance upon is in line with the assists the applicant inmaking a career choice which,in most instances, The National IronworkersTraining Program manpower and skillsneeds of the applicant'stribe. learn the ironworker trade. The program provides an opportunity forthe Indian participant to trainees in each class. Trainees conducts thr-e 14-week classes each yearwith approximately 30 credited with one yearof work andshop instruction. Each graduate is receiveclassroom From 1987 to 1988, there were experience toward his/her three yearsof apprenticeship training. TrainingProgram and 552at UTTC. Employment 275completions intheNational Ironworkers placement was 95 percent and 75percent, respectively.
$ I' UPDATE OF INDIAN EDUCATION STATISTICS, continued
AMERICAN INDIANS/ALASKA NATIVES AND ACADEMIC ACHIEVEMENT
American Indian/Alaska Native students must meet thesame admission requirements for acceptance into postsecondary institutions as their non-Indian counterparts. One of the requirements which mustbe included in an application is test results fromoneofthe major college-entrance examinations. The two most common are the Scholastic Aptitude Test (SAT) and theAmerican College Testing (ACT) Program. Mosthigher educationinstitutions will accepteither test as an indication of a student's probablesuccess in college-level course work, and, indeed, both tests are offered in all states. In 1988, 28 states, predominantly in the central andwestern United States administered to the majority of their students the ACT while the remaining22 states tended to use the SAT. However, a greater number of students took the SAT. In 1989, over 1.1 million students Ivzsre administered the SAT while 850,000 took the ACT. Of the SAT test-takers, over 18,000 (1,6%) were identified as being of Indian/Alaska Native descent,while 9,000 (1%) such students tot,./. the ACT. The 27,000 plusIndians/Alaska Natives taking postsecondary entrance examinations show a definite increaseover the 1988 total of just over 20,000 and 17,000 in 1987.
The increased participation of American Indians/Alaska Natives inalmost every segment of the U.S. social and educational structure gives a clear indication of the endurance andthe ability to adapt when Indian people are confronted by adversity and change whilemaintaining a cultural identity. But what cost hao this evolutionary adaptationprocess placed on individuals caught between two worlds. While equity is still an elusive ideal for most Indians, will anything change once test scores reach the norm set by the dominant society? In one sense, achievement scores could be said to be the yardstick by whichone measures progress in blending in with the rest of society.
Overview of thecSholastis_Lktillide Test and the American College Testing Program
The SAT - The SAT is a 2 1/2-hour, multiple-choice test that measures developed verbal and mathematical reasoningabilitiesrelatedto successfulperformance in college. The SAT is reported on a scale of 200 to 800 in each of the verbalor mathematical categories. The sum of both scores then becomes the overall SAT score for each student. Basically, the more years of study of academic subjects and the higher the grades and rank-in-class achieved, the higher the mean SAT score; however, one should not assume a casual relationship between the two.Herein lies the most-often debated cause and effect of (or lack of) achievement by American Indians/Alaska Natives and other minorities on achievement tests.
The following charts show how American Indians/Alaska Nativescompare with other minority groups, whites, and the nation as a whole.
56 UPDATE OF INDIAN EDUCATION STATISTICS, continued
TABLE 29
SAT AverLles_by Ethnic Groua_1278:1285 and 1987-1989
SAT Verbal
1978 1979 1980 1981 1982 1983 1984 1985 1986 1987 1988 1989 rlcan In Ian 387 38 390 391 388 388 390 392 NA 393 393 384 Asian American 401 396 396 397 398 395 398 404 NA 405 408 409 Black 332 330 330 332 341 339 342 346 NA 351 353 351 Mexican American 370 370 372 373 377 375 376 382 NA 379 382 381 Puerto Rican 349 345 350 353 360 358 358 368 NA 360 355 360 Other Hispanic NA NA NA NA NA NA NA NA NA 387 387 389 White 446 444 442 442 444 443 44E 449 NA 447 445 446 Other 399 393 394 388 392 386 388 391 NA 405 410 414 All Men 433 431 428 430 431 430 433 437 437 435 435 434 All Women 425 423 420 418 421 420 420 425 426 425 422 421 All Students 429 427 424 424 426 425 426 431 431 430 428 427
SAT Mathematical
1978 1979 1980 1931 1982 1983 1984 1985 1986 1987 1988 1989 Aiiai..--n4lnericanIrgTn-4T6 425 424 473----127----1-28 -----NA 432 435 428 Asian American 510 511 509 5]3 513 514 519 518 NA 521 522 525 384 386 1 Black 354 358 360 362 366 369 373 376 NA 377 Mexican American 402 410 413 415 416 417 420 426 NA 424 428 430 406 Puerto Rican 388 388 394 398 403 403 405 409 NA 400 402 Other Hispanic NA NA NA NA NA NA NA NA NA 432 433 436 490 491 White 485 483 482 483 4°3 484 487 490 NA 489 467 Other 450 447 449 447 449 446 450 448 NA 455 460 500 All Men 494 493 491 492 493 493 495 499 501 500 498 All Women 444 443 443 443 443 445 449 452 451 453 455 454 476 All Students 468 467 466 466 467 468 471 475 475 476 476
Source: The College Board Annual Report 1989
, . 5'7IL; UPDATE OF INDIAN EDUCATION STATISTICS, continued
American Indians showed an increase in scores every year from 1982 through 1988 from an average score of 388 to 393 (5 points) on the verbal and 424 to 435(11 points) on the math section. However, from 1988 to 1989, both categories for Indians showed decrease to 384 on the verbal section and 428 on the math. This can be explained by the 5,675 more Indians or Alaska Natives takingthe SAT in 1989 than in 1988,resulting in an overall lowering of averages in both categories. The overall composite gain by white svudents was one point on the verbal and seven po'ntsonthe mathematical sectionsfor theper.od 1982-88. Comparing only the degree of improvement, American Indians/Alaska Natives far surpassed the gains made by whites, but in actual average scores, Indians/Alaska Natives are out-performed bywhites approximately 60 points in both areas. Typically, Asian Americans out-perfolm all racial groups in the mathematical section but score well below the mean on the verbal section. Table 30 shows the number of college-bound students taking the SAT in 1988 and 1989 and the percent of change from 1988 to 1989.
TABLE 30
Number of SAT Test-Takers
Ethnic Group 1988 1989Chgan e from 1988 American Indian 12,330 18,005 5,675 Raj Asian American 64,102 68,254 4,152 (6%) Black 97,483 96,615 -868 (-0.9%) Mexican American 22,722 25,207 2,485 (11%) Puerto Rican 11,497 11,415 -82 (-0.7%) Other Hispanic 20,213 21,242 1,029 (5%) White 813,116 752,257 -60,859 (-7.5%) Other 14,094 13,454 -640 (-4.5%) All Wn 544,065 521,229 -22,836 (-4.2%) . All Women / . All Students 1,134,364 -178-8)72-21-4-6-;11-1-17-42117
Source: The College Board 1989 Arnual Report
The ACT - The ACT examination is a test of general educational development designed to measurethe knowledge and skills that students have developed during their school careers. The scoring range for the ACT is from 1 to 35 and covers 4 content areas, including English,mathematics, social studies, and natural sciences. The resultant subject area scores are then averagedfor a total
58 t.) , UPDATE OF INDIAN EDUCATION STATISTICS, continued composite score, which some institutions use as acut-off point for acceptance or denial into their schools. In general, the average performance of most minority groupshas been lower than the average performance of the majority group onthe ACT tests. The lower average ACT scores earned by minority students are indicators that, on average,the past educational opportunities and experiences are inferior to those of majority students. Often state graduation requirements, especially in the core subjects, play a big part in how wellIndians/Alaska Natives do on these tests. c'milar indicators mentioned in the SAT section also affectachievement levels here.
Table 31 shows how American Indians/Alaska Natives comparewith other minority groups, whites, and the nation as a whole.
TABLE 31
American College Testing...111E11m
Comparison of Average ACT Scores for the Last Five Years byEthnic Group
1985 1986 1987 1988 1989 rican Ins Ian Alas a Native 14.1 14.4 14.6 14.9 14.1 Asian American/Pacific Islander 19.2 19.6 19.8 19.9 20.0 Black 12.6 13.0 13.4 13.6 13.6 Mexican American/Chicano 14.7 15.2 15.4 15.7 15.4 Puerto Rican/Other Hispanic 16.2 16.5 16.9 17.1 17.0 White 19.5 19.7 19.6 19.6 19.4 All Students 18.6 18.8 18.7 18.8 18.6 All Wn 19.4 19.6 19.5 19.6 19.3 All Women 17.9 18.1 18.1 18.1 18.0
Source: American College Testing Program 1989 Yearly Report
Tables 32 and 33 show the number of AmericanIndian/Alaska Native and all participants taking the ACT with average scores by subject. UPDATE OF INDIAN EDUCATION STATISTICS, continued
TABLE 32
American Indian/Alaska Native Avera e ACT Scores by Sub'ect
Student Social Natural Year Count Enlish %th Studies Sciences Com site
19 . . 1 1 1986 6,712 14.4 12.1 13.0 17.7 14.4 1987 7,358 14.6 12.5 13.2 17,,8 14.6 1988 8,096 14.7 12.8 13.3 18.1 14.9 1989 9 115 14.6 12.8 13.0 17.9 14.7
TABLE 33
All Students Average ACT Scores by Sub'ect
Student Social Natural Year Count lish Math Studies Sciences Com osite 1985 855,171 18.1 17.2 17 1 1986 842,322 18.5 17.3 17.6 21.4 18.8 1987 777,444 18.4 17.2 17.5 21.4 18.7 1988 729,606 18.5 17.2 17.4 21.4 18.8 1989 738,836 18.4 17.1 17.2 21.2 18.6
Soucce: American College Testing Program 1989 Yearly Report
60 iJu 1:u UPDATE OF INDIAN EDUCATION STATISTICS, continued
Standardized Tests and American Indians/Alaska Natives
American Indians/Alaska Natives have performed on both the ACT and SAT with scores approximating most other minorities but consistently lower than white students. The reasons for this are often associated with social conditions, family situations, and income within the students' environments. The majorityof Indians/AlaskaNativescome from economicallydisadvantaged backgrounds and may not be exposed to as many of the everyday experiences other non-Indians take for granted. The median family income for Indians/Alaska Natives from the 1980 census was less than $14,000, compared to almost $20,000 for the rest of the U.S. population. Twenty-four percent of the -ndian/Alaska Native population is considered to be living in poverty conditions, while the rest of the U.°. population compares at 10 percent.
The strong cultural and traditional influences of the Indian/Alaska Native communities are other factors to consider. Ideals and attitudes considered important in non-Indian society are often of little importance toIndians/Alaska Natives. An example of this is the American trait of competitiveness, which was often considered an undesirable condition to certain Indian cultures. Iu addition, early years of discrimination and ill-treatment in boarding schools at the hands of the federal government reinforced the negative attitudes of many Indians who shunned the education of the white man in order to preserve what was left of their cultures. These factors are indeed changing but,nevertheless,have had an indirectinfluence on the way Indian people excel, especially when compared to other ethnic groups. All minority groups have had to deal with some degree of discrimination by the dominant society, and test scores are often a reflection of this. The current debate concerning the bias of standardized tests is a positive move on the part of test developers to objectively and, as accurately as possible, measure a student's knowledge base and his/her ability to successfully meet the requirements of a postsecondary education. Even with all the obstacles confronting Indians/Alaska Natives today, the most important resource at their disposal is a culture that is still alive in its people and the positive aspects an education can add, once acquired.
61 UPDATE OF INDIAN EDUCATION STATISTICS, continued
AMERICAN INDIANS/ALASKA NATIVES AND FINANCIAL AID
American Indians/Alaska Natives pursuing a higher education degree are often faced with the same difficulties as non-Indians in locating funds to pay for a college education. Many Americans believe that just because a person is a member of an Indian tribe, the tribe and/or the federal government automatically pays for any and all higher education expenses. Any recent American Indian/Alaska Native graduate will explain that such is not the case. While some assistance is offered to tribal.members who demonstrate financial need,the proportion of assistance tribal higher education departments routinely fund only makes up 25 percent of the entire financial aid package. One of the problems of this type of arrangement is that instead of going to one central location to apply for loans or grants, the Indian student must contact the tribe for procedures on applying for tribal grants and,if applicable,the Bureau ofIndian Affairs for scholarship information, whilesimultaneously applyingforalloftheavailable grant or loan programs availablefrom state andotherfederalsources. The maze of paperworkreqpiredby each organization's financial aid officeris sometimes enough to keep some American Indians/Alaska Natives from entering postsecondary education programs. Once a "financial aid package" is finally developed,it should meet all the costs ofthe year's expenses; however, after all academic expenses are paid, there usually exist gapsassociated with living expenses. One would hope that these costs could be absorbed by grants, but, as will be shown later, Indians/Alaska Natives must often rely on loans, if a college education is to be achieved.
Due to their growth in numbers, there has recently been increased interest in minority students in the American educational system. With America losingits competitive edge in the fields of science and engineering, governmental agencies and private industry are providing opportunities to increase the numbers of students going into these select disciplines. Few American Indians/Alaska Natives are taking advantage of these programs due to the relative newness and demanding standards for program acceptance. With average achievement scores of Indians/Alaska Natives lower than the national average, more preparation must be done to insure American Indian/AlaskaNative participation in this area. Factors which must be addressed include adequate preparation at the public school (K-12) level with inclusion of such students in academic programs offering higher mathematics and sciences and appropriate levels of funding at the postsecondary level toinsure that thosestudents with thedriveand talenthavethe ,opportunity to pursue their chosen professions.
The following gives a brief overview of some of the student financial assistance sources most often used by Ame-ican Indians/Alaska Natives.
Bureau of Indian Affairs Scholarship Program
The purpose of the BIA Higher Education Program is to provide financialaid to eligible Indian and AlaskaNative students to attend accredited postsecondary institutionswhich will enable them to
62 UPDATE OF INDIAN EDUCATICr SIMISTICS, continued meet theireducationalgoals, developleadershipabilities, and increase their employment opportunities in professional fields so that they may contribute to the economic and social goals and objectives of the various tribes. The program provides for grants to Indians, Eskimos, or Aleut students who are members of a federally recognized tribe or village and who areadmitted for enrollment in an accredited college or university program leading primarily to abaccalaureate degree. A certificate of degree of Indian blood or other proof of Indian blood certified by the tribal enrollment office of the BIA must be a part of the student's application. Financial need is determined by the institution's financial aid ofZicer. Education staff at the area and agency offices provides supervision for this program.
The financial aid package, completed and certified by the institution'sfinancial aid officer, serves as the principal basis fordetermining the BIA grant amount. The BIA grant award, combined with any other assistance, cannot exceed the institution's determination ofthe student's need. The BIA contribution is approximately 25 percent cf the total assistance requiredby students. They supplement their scholarship grant withcollege-based awards, such as Pell Grants, Supplementary Education Opportunity Grants (SEOG), Perkins Loans, and CollegeWork Study (CWS); funds from other public sources, such as Veterans Administration, welfare, state grants,Social Security, tribal awards, vocational rehabilitation; tuition waivers from the college;and parental and personal contributions.
Typically, the undergradute scholarship program for Indian/Alaska Native studentsis contracted out to tribes or may be administered at the agency levelof the BIA. Some tribal organizations may have additional resources from whichthey supplement any existing funds for higher education purposes.
Table 34 shows the funding levels for the BIA's undergraduate scholarship program.
TABLE 34
BIA Higher Education Grant Program
Fiscal Funding Number Average Number of # of Tribal Program Year Level Served Grant Size Graduates Contracts Direction Cost 1989 .2:9476, 1 0 1,38 1 0 10 3 1988 28,770,000 17,800 1,402 1,600 100 3,817,000 1987 31,168,000 15,214 1,800 1,102 98 3,817,000 1986 29,203,000 14,500 1,676 1,450 96 3,645,000 1985 26,868,000 16,000 1,461 1,380 96 3,500,000 1984 26 197 000 15 600 1 461 1,310 91 3 404 000
Source: Fiscal Year 1990 Budget Justification, Bureau of IndianAffairs
463, UPDATE OF INDIAN EDUCATION STATISTICS, continued
BIA Special ilsor Education Scholarships
This program provides financial assistance to Indian/AlaskaNative students for graduate level study with special emphasis on the professions of law,education, medicine, natural resources, engineering, business administration, and social work. To qualify for assistance under the current program,the applicant must meet all the basic requirements e theBureau's general scholarship program, have earned an undergraduate degree, and be officiallyadmitted to a graduate studies program. Pre-law studentsin a special summer program, or those requiringgraduate studies to qualify to enter professional career fields, may also beassisted from this program. Since 1972,the Bureau's gra4uate scholarship program has been contracted out tothe American Indian Graduate Center (AIG,--formerly Imerican Indian Scholarships,Inc.) in Albuquerque, New Mexico. Students receiving these special scholarships have historicallybeen required to apply for all available financial aid offered at the graduatelevel. The individlal's budget is then submittedbythecollegefinancialaidofficer tothe special program with "unmetneed" recommendations. The maximum dollar amount available under this program is$10,000 per academic year; however, no individual grant mayexceed the calculated "unmet need" recommendation submitted by the college financial aid officer. If the "unmet need" exceeds the maximum allowance,the student must then apply for additional loans. Using the maximum allowance criteria, about 30 to 35 percent of the budget has been available to fundstulents in other than the 6 priority fields.
Funding levels for the graduateprogram have not kept up with thedemand of Americar Indians/Alaska Natives wishing to pursue postgraduate degrees. The graduate program has typically been able to fund only 40 to 50 percent of theapplicants each year. Table 35 shows the number of applicants recently funded under this program.
TABLE 35
BIA Special Higher EducationGraduate Scholarship Progiam
Academic Year Summer Academic Year 1987-88 1987 1988-89 Summer 1989 Field of Study Awards Awards licants/Awards (%) * licants/Awards (%) Law 152 101 6 3 4 Education 63 14 129/62 (48%) Business 25 3 59/29 (49%) Health Professions 53 10 138/82 (59%) Engineering 4 0 7/7 (100%) Natural lesources 0 1 2/1 (50%) Other Filds 27 2 74/3 (4%) Total 300 65 561/28-3731T
* Percent of total applicantsfunded.
c1 liJ UPDATE OF INDIAN EDUCATION STATISTICS, continued
Office of Indian Education Fellowship Program
The Department of Education's Cffice of Indian Education administers the Indian Fellowship Program for qualified American Mians and Alaska Natives at either the undergraduate or graduate level. Students must be attending or be accepted by the institution as full-time students. Allowable fields of study at the undergraduate or graduate level include engineering, business administration, natural resources, and related fields. At the postbaccalaureate level, students may apply for a fellowship if pursuing degrees in medicine, psychology, clinical psychology, law, education, and related fields.
Unlike the Bureau's.scholarship program, the Indian Fellowship Program is not based on a student's levelof financial need butrather on previous scholastic performance and,to some degree, leadership abilities shown and commitment to pursuing the chosen field of study and to providing leadership to the Indian community once a degree has been earned Additionally, a recipient of a fellowship award does not necessarily have to apply for other sources of funding. However, if he/she does apply for other financial resources, the Indian fellowship udll be adjusted to prevent an overaward. Indian fellowship recipients are usually not notified until just before the start date of the fallterm, and, in some cases,students have already applied for and received additionalloans or grants to coverthe year's academic expenses. The current authorizing legislation requires written notification of award of an Indian fellowship to be made not less than 45 days before the beginning of the academic term. The Indian Fellowship Program does not currently have information indicating the percentage of recipients who are receiving additional financialassistancefrom federal, state, or private sources. Program staff reported that additional manpower would be needed to extract this information from individual student files.
Forthosestudents seeking a continuation of a fellowship beyond thefirst year, certain conditionsapply. Acceptable grade performance ismandatory, asis timely completion of a continuation application. Program regulations prescribe that fellowship awards may continue for a period of time set by the school as standard for the allowable field of study or for a period of time not to exceed four years for an undergraduate or doctorate degree and not to exceed two years for a master's degree. Table 29 shows the number of fellowship awards from 1985 through 1989. During the last3 fiscal years,this program has met approximately 20 percent of the need of Indian/Alaska Native students seeking fcllowship assistance. If available, the breakdown by new or continuation awards is also shown. UPDATE OF INDIAN EDUCATION STATISTICS, continued
TABLE 36
Indian Fellowship Recipients
Office of Indian Education
FISCAL YEAR 1985 1986 1987 1988 1989 Niinber -A-w-a-ia-s----ffl7C-- c --' -2f1 157 741 141 617 124 678 New 53 51 Continuation 88 73
* Total Applications received
Indian Health Service ScholarshipProgram
The Indian Health Service of the Department of Health and Human Services offers three scholarship programs to eligible Indian/Alaska Native students wishing to pursue careersin health fields. In the Indian Health Care Improvement Act, Public Law 94-437, the Congress and the President of the United States established a national goal "to provide the quantity and quality of health services which will permit the health status of Indians to be raised to the highest possible level and to encourage the maximum participation of Indians in theplanning and management of those services." In order to accomplish this goal, the Act and its subsequent 1980 amendments authorize theIndian Health Service (IHS) to conduct threeinterrelated scholarship programs to train the health professional personnel necessary to staff IHS health programs and other health programs serving Indian and Alaska Native people. The three IHS scholarship programs are:
Health Professions Preparatory Scholarship Program Health Professions Pregraduate Scholarship Program Health Professions Scholarship Program
The Fealth Professions Preparatory Program provides financial assistance for Indian/Alaska Native students only to enroll in courses Zhat will prepare them for acceptance intohealth professions schools, i.e., medicine, nursing, dentistry, etc. Courses may be either compensatory (required to improve science, mathematics, or other basic skills and knowledge) or professional(required in order to qualify for admission into a health professions program). Health career categories for this program change from year to year depending on manpower needs of IHS;therefore, prospective applicants should contact the IHS for current priority fields.
66 Li UPDATE OF INDIAN EDUCATMN STATISTICS, continued
The Health Professions Pregraduate Scholarship Program provides financial support for Indian/Alaska Native students only to enroll in courses leading to a baccalaureate degree in specific preprofessional areas (the 1989-90 priority fields were premedicine and predentistry). Again,the priority needs may change,and applicants should contact the IHS for the current priority fields. Students must also be accepted by and/or enrolled in the specified program at the time of application.
The Health Professions Scholarship Program provides financial assistance to students enrolled in health professions and allied health professions programs. For this program, there are service obligation and payback requirements that the recipient incurs upon acceptance of the scholarship funding. Priority is given to graduate students and junior and senior level students, unless otherwise specified. Table 37 shows the funding level of the IHS Scholarship Program and the number of awards made during the last two fiscal years. The percent funded category reflects only those students who received new awards out of the eligible applications received.
Table 37
IHS Scholarship Program Total New Continuation Total Percentage*Applications Year Appropriation Awards Awards Awards Funded Received 1989 $7,896,000 178 242 420 21% 866 1988 7 646 000 88 335 423 10% 880
* Percent funded reflects percentage of new awards made from all applications received. Source: Telephone contact, IHS Scholarship Program.
Other Sources of Financial Aid
In addition to the aforementioned scholarship/fellowship programs and the requirementby most that Indian/Alaska Nativestudents apply for other sources of financial assistance,the following information is included on the majorfinancialaid programs offered bytheDepartmentof Education. All of these financial assistance programs are authorized under Title IV of theHigher Education Act. These programs are divided into three major categories:(1) grants -- financial assistance which does not have to be repaid; (2) loans -- borrowed money that mustbe repaid with interest; and (3) work-study -- school-based programs in which students can work to pay for school.
I J-67 UPDATE OF INDIAN EDUCATION STATISTICS, continued
The major federalfinancial assistance programs are the Pell Grant, Supplemental Educational Opportunity Grant (SEOG), College Work-Study (CVS), Perkins Loan(formerly National Direct Student Loans (NDSL)), Stafford Loan (core program was previouslyGuaranteed Student Loan (GSL) Program), Supplemental Loans for Students (SLS), and Parent Loans for Undergraduates(PLUS). In 1987, a report was prepared by the NationalCenter for Education Statistics entitled "Undergraduate Financing of Postsecondary Education - A Report of the 1987 Na0ona1Postsecondary Student Aid Study." The study provided valuable information on loan and grantdistribution trends during 1986. Table 38 is provided to illustrate how American Indians/Alaska Nativesutilized federal financial assistance programs during the study period.
TABLE 38
Undergraduates Enrolled in the Fall of 1986 Who Were Awarded Federal Aid
Selected e of Federal Aid (in ercenta es) Student Number of Any Selecte Title IVrograms Any Ot er Characteristics Undergraduates Federal Title IV Federal Aid Aid Pell ShOG OWS NDSL GSL Aid otal In.ergraeuates 11,213,432 3 .9 -30.-8---rn7.-6----207- 4.0 GENDER Male 5,034,831 34.1 28.9 15.2 4.5 3.8 5.4 20.3 2.7 Female 6,178,601 35.6 32.3 19.4 5.4 4.7 5.8 20.6 2.7 RACE/EDHNICITY American indrin 112,134 40.3 36.9 29.2 5.6 4.3 5.3 15.4 5.6 Asian American 571,885 33.3 28.5 20.4 6.8 5.3 6.0 14.5 4.2 Black 1,042,849 55.7 50.2 39.7 9.8 8.1 6.8 29.1 5.6 Hispanic 762,513 40.9 36.6 26.1 6.6 4.3 5.3 20.4 3.5 White 8,724,050 32,'1 28.0 13.7 4.1 3.8 5.4 19.9 3.9
Source: "Undergraduate Financingof Postsecondary Education - A Report of the 1987 National Postsecondary Student Aid Study," Page 57,National Center for Education Statistics, Department of Education. Note: Some grant or loan programs were changed or renamedafter completion of the study. Please also note that the number of American Indian undergraduates in 1986 reported by this study is at variance withthat reported in Table 1 and that the above figures are estimates based on asample.
As shown above, wost American Indian/AlaskaNative students, as well as other students, utilize the Pell Grant Program when seeking additional sources to complete the "financial aidpackage." Of allofthefinancial assistance programs,Pell receives the bulk ofappropriated funds. According to the same 1987 study, American Indiansreceived, onaverage, $3,299 ingrant amounts
68 1004.: UPDATE OF INDIAN EDUCATION STATISTICS, continued and/or were loaned $2,762 to pay for one year of undergraduateeducation. The average grant amount to Indians/Alaska Natives exceeded allother racial group averages, probably due to the inclusion of tribal or BIA scholarships. Interestingly, such students also exceeded all other racial groupsin loan amounts received. This, in itself, is ironic because of the federal government's obligation to provide education to Indian peoplein exchange for land in early ratified treaties.
Indian/Alaska Native family income is less than the national average. Those parents working extra jobs or those parents lucky enough to have a college educationmaking middle income salaries may be placing their children in positions where they cannotqualify for grant funds and, therefore, must rely on loans to in order to go to college.
Since 1970, the federal government has moved in differentdirections, toward need-based grants in the first half of the 1970's and toward guaranteedstudent loans in the second half. After 1980, more federal aid was awardedthrough loans than in the form of grant aid.All forms of aid have not kept pace with inflation, as illustratedby the $60 average annual increase in the Pell grant maximum, for which the poorest applicants couldqualify, compared to the average annual increase in costs of attendance faced by such students atpublic colleges of about $300 per year and about $600 per year at private colleges during this same period oftime. As the purchasing power of availablegrantsassistance hasdiminished, rtudents with financialneed have had to rely increasingly on student loans to finance college attendance costs.
Increasingly, there have been several private foundationsoffering scholarshipsto minority applicants who have above average grades and candemonstrate financial need. The majority of these scholarships are found in the areas of science,engineering, and other technical fields. The ever-increasing demand for students to enter thesefields indicates the severity of shortages and the need for well-aained and qualifiedpersonnel. If the current funding trend for all Indian education postsecondary programs continues, one can expectIndians and Alaska Natives to remain at or near the bottom of every socio-economicindicator in the United States. More and ,2ore Indians and AlaskaNatives are applying for less and less currentdollar scholarship funds which meansthere willbe eventually anIndian nation ofborrowers,unless obligations and educational priorities are met. The last two decades have shown vastimprovements in the health, without educational,and economic status of almost allIndian and Alaska Native people,but, maintaining the momentum that has already beenestablished, we risk continuing in a third-world existence within our own country. UPDATE OF INDIAN EDUCATION STATISTICS, continued
AMERICAN INDIANS EMPLOYED IN EDUCATIONAL POSITIONS
The United States is experiencing severe national shortages in teaching positions at all levels. That, coupled with the vast number of pending retirements and the fewer students going into teaching professions, promises to place an exceeding burden on those new to the profession and career faculty. American Indian/Alaska Nativeadultsare an integral partofthelearning experiencefortheirchildren. The presence of Indians andAlaskaNatives in K-12and postsecondary institutions in teaching or support positions provides positive role and mentoring models for students. Of course, the same is true for other minorities. Projections for the end of the 20th century indicate that the majority of public school students will be from ethnic minority backgrounds, particularly in urban areas. Unfortunately, the same studies predict fewer minority teachers to instruct the growing numbers of minority students.
Data for 1986 shows that over 14,000 Indians were employed in the nation's K-12 schools. No data were available from the Department of Education's Office of Indian Education providing any type of estimate of the number of American Indians/Alaska Natives employed in Indian Education Act (Title V) programs. Surveys completed Isy the Equal Employment Opportunity Commission typically count all employees in each school district; consequently, total figures under specific categories such as teacher aides and certified teachers, could include those employed in Indian education programs. At this time, however, there is no reliable way to estimate the number of American Indian/Alaska Natives working in Title V programs.
In the fall of 1987, across all institutions of higher education, whites accounted for 89 percent of full-time regular faculty and 90 percent of part-time regular faculty (Table 42). Relatively small numbers of full-time faculty positions were held by Asian Americans (4 percent), blacks (3 percent), Hispanics(2 percent),and American Indians/Alaska Natives(1 percent). Minorities accounted for similar percentages of part-time faculty. As shown by the following tables, the numbers and percentages of American Indians/Alaska Nativesgoing into certaindisciplines requiring advanced skill development is disappointingly low and non-existent in some cases. For example, in 1987, there were no! uch faculty engineering instructors identified in either two- or four-year institutions in the United States. Additionally, no American Indians/Alaska Natives were counted as being engaged in any type of research at any institutionstargeted during this survey. In 1985, the total number of American Indians/Alaska Natives employed in some capacity in institutions of higher education reached almost 12,000.
In terms of those American Iridians/Alaska Natives in positions within the American educational system, the following tables show the various positions and numbers employed in each. The latest available information reported here is the 1986 elementary and secondary report for K-12 public schools (Table 39) covering 6,425 school districts and 52,752 schools and the 1985 employment report for institutions ofhigher education (Table40) covering the 2,868 public and private institutions which had 100 or more employees. More recent higher education faculty informatir as reported for 1987 (Table 42) has also been includ-d.
70 1 I 'JO UPDATE OF INDIAN EDUCATION STATISTICS, continued
TABLE 39
American Indians/Alaska Natives Emplo ed Full-Time in K-12 Schools (6 425 Districts)* 1986
1986 Mhle Female Total Executives/Administrators/Mhnagers 99 66 165 Principals 104 89 193 Assistant Principals Teaching 6 1 7 Assistant Principals Non-Teaching 52 26 78 Elementary Classroom Teachers 1,252 1,483 2,735 Secondary Classroom Teachers 821 527 1,348 Other Classroom Teachers 156 303 459 Guidance 91 113 204 Psychological 18 40 58 Librarians/Audio Visual St -f 16 53 69 Consultants & Supervisors U. Instruction 27 41 68 Other Professional Staff 92 185 27/ Teacher Aides 264 1,701 1,966 Technicians 210 131 341 Clerical/Secretarial Staff 54 852 906 Service Workers 1,160 916 2,076 Skilled Crafts 174 19 193 Laborers, Unskilled 110 82 192 Total EthOloyed Full-Time 4,706 6,628 11,334
American Indians/Alaska Natives Em lo ed Part-Time in K-12 Schools (6,425Disiricts)*, 1986
1986 Male Female Total Professional Instructional 76------73-6--217 All Other 578 1 233 1,811 TairaTTO7RErt-Time 654 1,3 9 2,023
1,71J UPDATE OF INDIAN EDUCATION STATISTICS, coatinued
TABLE 39A
American Indian/Alaska Native "New Hires" in K-12 Schools (6 425 Districtsl!, 1986
1986 Male Female Total Executives 111inistrators nagers 5 2 7 Principals/Assistant Principals 9 7 16 Classroom Teachers 85 177 262 Other Professional Staff 15 36 51 Non-Professional Staff 475 252 727 Total "New Hires" 4r"7---Y63
Total American Ingins/AllaalltimsEmployed in K-12 Public Schools (6t42521stricts)*, 1986 All Categories
1986 Male Female Total Tail Employed Full-Time 4,706 6,628 11,334 Total Employed Part-Time 654 1,369 2,023 Total "New Hires" 589 474 1,063 Total Indians Employed in K-12 Schools5,949 8,471- 14,420
*Note: According to the National Center for Education Statistics, there were 15,713 public school districts in the United States in school year 1986-87. The number of districts in 1985-86 is not available. Of these, 6,425 responded to the survey. Source: "1986 Elementary and Secondary Staff Information EE0-5 Survey, Summary Report Total U.S.," Equal Employment Opportunity Commission.
72 UPDATE OF INDIAN EMUCATION STATISTICS, continued
TABLE 40
IAmerican Lndians Alaska Na ives Emploed in Hher Education Institutions 2 868 Schools)*, 1985
Full-Time Faculty
1985 Male Female Total 9-10 Month Contract 8 7 2 6 1 3 Less than 9-10 Mbnth Contract 29 8 37 11-12 Mbnth Contract 231 76 307 MUTTiT117niFialty -----1,127----70-1,177
1985 Male Female Total TRiEutives/AdmInistrators Professional Non-Faculty 654 552 1,206 Secretarial/Clerical 282 1,379 1,661 Technical Paraprofessionals 277 303 580 Skill Crafts 379 10 389 Service Maintenance 926 409 1,335 Exec/Mgr/Adm 64 16 80 Soft Money 227 317 544 Foreign 133 49 182 Total-0-fiii-Fulf=limeEmployees 3,233
Tenured Full-Time Fa.29.LtEly_latj.s.
1985 Male Female Total Professors 243 27 270 Associate Professors 272 42 314 Assistant Professors 89 12 101 Instructors 91 43 134 Lecturers 1 1 2 Other Facult 6 2 8 Total Tenured Full-Time 702 127 829 UPDATE OF INDIAN EDUCATION STATISTICS, continued
TABLE 40A
Non-Tenured Faculty by Rank
1985 Male Female Total ofessors 9 4 13 Associate Professors 53 7 60 Assistant Professors 263 43 306 Instructors 37 23 60 Lecturers 1 3 4 Other Facult 6 1 7 otal Non- enured Full-Time 81 430-
Other Full-Time Faculty by Rank
1985 Male Female Total Pro essors Associate Professors 22 8 30 Assistant Professors 50 23 73 Instructors 178 64 242 Lecturers 27 14 41 Other Facult 34 20 54 1T61 Other u 1-Time Facu ty
Part-Time Faculty
1985 Male Female Total Executives/Act ,inistrators/Managers 22 18 40 Tenured Faculty 12 6 18 Non-Tenured Faculty 37 25 62 Other Faculty 421 322 743 Professional Non-Faculty 94 92 186 Secretarial/Clerical 53 394 447 Technical Paraprofessionals 67 121 188 Skill Crafts 20 5 25 Service Maintenance 150 112 262 Total Part-Time Faculty 1176--1T095-1771-
74 o UPDATE OF INDIAN EDUCATIONSTATISTICS, continued
TABLE 40B
Education Institutions 1985 continued American Indians/AlaskaNatives Em lo ed in Hi her
New Hires
Female Total 1985 Ntle 2 Executives/Administrators anagers 12 Tenured Faculty 11 1 62 Non-Tenured Faculty 38 24 19 105 Other Faculty 86 84 Professional Non-Faculty 40 44 135 153 Secretarial/Clerical 18 50 Technical Paraprofessionals 20 30 25 Skill Crafts 24 1 32 93 Service Maintenance 61 I 596 ot a ew ires
Hieher Education Institutions 1985 Total AmericanIndians/Alaska Natives Em lo ed in 11.11,221211_2_22.368 Schools *
Female Total 1985 Male 35 1,477 ota ull ime aculty 1,1 7 3,184 6,477 Total Other Full-TimeEmployees 3,293 829 Total Tenured Full-Time 702 127 450 Total Non-Tenured Full-Time 369 81 456 Total Other Full-Time Faculty 323 133 1 971 Total Part-Time Facult 876 1 095 4,9 0 11 0 ran otaln ians in H. 0 provided by The above higher educationtables reflect information *Note: required to respond to the the 2,868 institutions with atleast 100 employees survey. Report, U.S. Summary,"Equal Employment Source: "1985 EE0-6 Detail Summary Opportunity Commission.
75 iud kJ UPDATE OF INDIAN EDUCATION STATISTICS, continued
TABLE 41
1983 American Indian/Alaska Native Faculty by Rank and Sex, UnitedStates
Rank Male Female Total o essors 19 35 ----2-31: Associate Professors 229 55 284 Assistant Professors 216 81 297 Instructors 219 135 354 Lecturers 23 15 38 Other Faculty 69 34 103 Total 952 355 1,307
Note: Some 52 percent of Indian/Alaska Native male facultywas tenured and some 36 percent of females. Source: "The American Indianin Higher Education,1975-76 to1984-85," National Center for Education Statistics, Department of Education,March 1987.
i 1 ti
76 UPDATE OF INDIAN EDUCATION STATISTIC5,continuea
TABLE 42 Type and ercenta e istrr uflon ofFun-Time Re ular Fialt b Race/Ettcg8/ y4 ntro o nstitut on, an partment ogram Area, Fa
Full-Time % % % % % _rte!ularFacult AI/AN Asian Black Hisanic White 1 4 3 2 89 larliIstili--itior-WITt84-prik-..TEW By il)ype and Contila 2 90 Pu lic Research 9 228 100 1 5 2 6 5 85 Private Research 39,136 (100%) 0 4 1 91 Public Doctoral 2/ 53,871 (100%) 1 5 2 1 86 Private Doctoral-3/ 22,107 (IOW -1 10 2 2 88 Public Comprehensive 93,144 (100%) 1 6 4 2 1 91 Private Comprehensive 35,160 (100%) 1 4 8 1 87 Liberal Arts 39,086 (100%) 1 3 3 91 Public two-year 4/ 91,559 (100%) 1 2 3 3 1 95 Other 5/ 14,778 (100%) 0 1 3 2 89 our-Yr. nstitutions 78,7 2 100 1 By Program Area 3 ------g- Ag. and Home Econ. 10,912 (100%) 2 1 -1 3 1 86 Business 24,329 (100%) 1 9 7 3 88 Education 24,464 (100%) 1 1. 1 83 Engineering 18,682 (100%) 0 15 1 3 3 91 Fine Arts 24,789 (100%) 1 2 1 88 Health Science 78,927 (100%) 1 7 3 2 3 4 91 Humanities 47,426 (100%) 1 2 89 Natural Sciences 60,347 (100%) 1 7 1 5 2 89 Social Sciences 40,369 (100%) 1 2 6 1 88 Other Fields 48 488 (100%) 1 4 percent. -1 ss t that grant a two-year All accredited, nonproprietaryU.S. postsecondary institutions 1/ education level is (AA) or higher degree and whoseaccreditation at the higher recognized by the U.S. Departmentof Education. institutions classified by theCarnegie Foundation as 2/ Includes publicly controlled specialized medical schools. institutions classified by theCarnegie Foundation as 3/ Includes privately controlled specialized medical schools. included only in "allinstitutions" because of too 4/ Respondents from two-year colleges are few cases for a reliableestimate. institutions, except medical,that offer degrees ranging 5/ Religious and other specialized from bachelor to doctorate. because of rounding. Note: Details may not add to total Postsecondary Faculty,"NationalCenterfor Education Source: "1988 National Sum/ of Statistics, Department ofEducation. IMESINNIMI
C UPDATE OF INDIAN EDUCATION STATISTICS, continued
TABLE 42A Percentage Distri ution of Part-Time Re ular Facultyy Race Et icit ControlndartnthistitutiormelogramArjeaFall 19
Part-Time % % % % % Reular Faculty AI/AN Asian Black His anic White All Institutions 1/ 17 , 1 3 4 2 90 B r- and Control blic esearc 1 98 Private Research 8,466(100%) 2 2 12 2 83 Public Doctoral 2/ 7,403(100%) 1 0 1 2 96 Private Doctoral-3/ 10,428(100%) 0 16 0 7 77 Public Comprehenjve 21,659(100%) 4 9 2 1 84 Private Comprehensive 9,842(100%) 0 -1 0 3 97 Liberal Arts 12,917(100%) 1 0 15 2 82 Public two-year 4/ 80,814(100%) 1 2 3 2 91 Other 5/ 12 032(100%) 0 1 1 0 98 our- r. nstitutions : : 1 1 8 Proram Area usiness 2 0 Education 4,233(100%) 9 81 /M Engineering MP M. M, M. MP Fine Arts 80506(100%) 0 5 2 4 89 Health Science 17,214(100%) 1 10 13 4 72 Humanities 8,598(100%) 0 3 3 2 93 Natural Sciences 10,073(100%) 1 8 1 1 89 Social Sciences 5,693(100%) 14 7 0 74 Other Fields 16 577(100%) 1 0 1 1 97 ... oo few cases for a reliable estimate. -1 Less than 1 percent. 1/ All accredited, nonproprietary U.S. postsecondary institutionsthat grant a two-year (AA) or higher degree and whose accreditationat the higher education level is recognized by the U.S. Department of Education. 2/ Includes publicly controlled institutions classified by theCarnegie Foundation as specialized medical schools. 3/ Includes privately controlled institutions classified bythe Carnegie Foundation as specialized medical schools. 4/ Respondents from two-year colleges are included only iA "allinstitutions" because of too few cases for a reliable estimate. 5/ Religious and other specialized institutions, except medical,that offer degrees ranging from bachelor to doctorate. Note: Details may not add to total because of rounding. Source: "1988 National Survey ofPostsecondary Faculty," National Centerfor Education Statistics, Department of Education.
1/4-) PART IV
EDUCATING ME MERMAN INDIAN/ALASKA NATIVEFAMILY
This section ofthe annual report will be written fromthe perspective of the education of everyone in Indianand Alaska Native communities and in linewith the national education goals as outlined by President Bush in the Stateof the Union Address on January 31,1990. Indians and Alaska Natives have a two-fold right to expectto participate in any federalefforts to reach the national goals by the year 2000, onebeing because of the special relationship betweenthe tribes and the Government of the UnitedStates, which has been acknowledged by theCongress as giving the rise to a responsibility to assure superioreducational opportunities for all Indians, and second being because of the status ofIndians and Alaska Natives as citizensof the United States of America.
The national education goals outlinedby President Bush are as follows: America will start school ready to Goal 1: By the year 2000, all children in leITET graduation rate will increase to at Goal 2: By the year 2000, the high school Teigflo percent. having Goal 3: By the year 2000, American studentswill leave grades 4, 8, and 12 English, demonstrated competency over a challenging subject matter including mathematics, science, history, geography,and every school in America will ensure so they may beprepared for that allstudentslearnto use their minds well, responsible citizenship, further learning,and productive employment in ourmodern economy.
Goal 4: By the year 2000, U.S. students willbe first in the world in mathematics and science achievement. American will be literate and possessthe Goal 5: By the year 2000, every adult knouledge and skills to compete in aglobal economy and exercise the rightsand responsibilities of citizenship. in America will be free of drugs and Goal 6: By the year 2000, every school violence and offer a disciplinedenvironment conducive to learning.
Likewise,in any The education ofan individual begins atbirth and continues until death. community, one must be concerned aboutthe education of the youngestmember up to and including that a youngster learns more in that of the oldest member. It is clear from extensive research life. Consequently, the Indian and Alaska the first three years of lifethan inthe rest of
I :7)9 EDUCATING THE AMERICAN INMAN/ALASKA NATIVE FAMILY, continued
Native communities must be concerned about early childhood education. In Indian and Alaska Native communities, the most prevalent preschool program is Head Start. In some isolated communities, Head Start is the only preschool program, and while Indians/Alaska Nativesare usually able to meet the low family income requirement, some families in these isolatedareas exceed the income ceiling and are excluded from the only preschool programs in their geographicalarea. Of the 310 federally recognized Indian reservations and 197 Alaska Native villages eligible forthe Indian Head Start Program, 106 tribal organizationswere awarded grants in fiscal year 1989 with 14,202 children served. Some other early childhood programs are funded through discretionarygrant programs, but it is clear that to reach the first national education goal in Indian and Alaska Native communities, more early childhood programs must be established.
Although elders usually have more of life and wisdom to teach than to learn, that is not thecase for younger adult members of a community. Since parents are a child's first teachers, they should have access to the training and support they need. During the work day, the "learning" of the youngest ofchildren is usually in thehandsofoneparentor other caregiver, sothese individuals must be prepared to "teach" the youngsters and influence them. To promote early recognition of the importance of reading, writing, and math skills, the parent(s)or caregivers must show that they can perform in these areas. Even after the child begins preschool and after kindergarten and into elementary and secondary school, the importance of the skills of theparents or caregivers cannot be overestimated. Conseqpently, in order to reach the youngsters, one must begin in a community with the education needs of its adults.
With the latest information on Indian and Alaska Native education levls being from the 1980 Census, one is at a disadvantage in assessing the current education needs of Indian and Alaska Native adults. However, to avoid assumptions, the 1980 information indicates that of Indian and Alaska Native persons 25 years of age and over (691,452 individuals), only 55.8percent were high school graduates. With 44.2 percent of the population with less thana high school education in 1980 (approximately 305,621 individuals) and 24 percent of the population with only 0to 8 years of education, the overriding question is whether, in the intervening 10years, there has been significant progress made in the education of those 300,000-plus individuals and whether there have been others entering this age group who also lack a high school education. Tables 23, 24, 25, and 26 provided earlier in this report indicate that Indians and Alaska Natives have been served in state-administered adult education programs and in programs funded by OIE and BIA but do not provide information on the success rate of the individuals participating or if they completed o; how many years it took them to complete high school equivalency. Since states administer the GED test,it is probably not wise to add the numbers served in state-administeredprograms and Indian proo,:ams because of the likelihood of a duplicate count for Indian General Equivalency Diploma (GED) test-takers. Thus,it appears that the adult education efforts of the Office of indian Educatioa and the Bureau of Indian Affairs should be doubled in the next fewyears to better meet what appears to be the Indian/AlaskaNative adulteducation needs and to attempt to
80 EDUCATING THE AMERICAN INDIAN/ALASKANATIVE FAMILY, continued who do not graduate from high school under meet national goalS and rezlaim those students is in order to show the actual national goal 2. However, an adult education needs assessment extent of the problem. involvement in the education There is currently in the UnitedStates great concern about parental children's school of children. Many parents have been criticizedfor lack of involvement in their comfortable in their programs. It is very important for Indian;:nd Alaska Native parents to feel including the parents' own children's school settings. This may involve many factors, sometimes teacher education needs being met so that theydo not feel intimidated by the school system or any Sometimes this requires someunderstanding about the Indian community onthe or administrator. that they part of teachers and someoutreach to the parents. Poorly educated parents who feel attend any such conference, have nothing to share at aparent-teacher conference are not likely to for teachers and school especially in an intimidating environment. In-service training administrators could assist in this area. schoel dropout rates in the Indians and Alaska Natives reportedlyhave one of the highest high If Indian and Alaska Native United States; however, hard nationalstatistics are not available. including the way teachers students are to graduate in largernumbers, many factors must change, and the way students think and administrators view and interactwith Indian/Alaska Native students Because of the small numbers ofIndian or Alaska Native classroomteachers and of themselves. It is administrators, most Indian or AlaskaNative children are taught bynon-Indiaa teachers. from a positive importantthat teachers receive trainingregarding cultural differences most in teaching Indian and Alaska perspective as well as trainingin effective programs and practices Native children. goals 3 and 4,teachers and In order for Indian and AlaskaNative students to meet national and Alaska Native students, administrators must be convinced thatall students, including Indian Curriculum tracking still exists can learn math andscience and other challenging subjectmatter. is evident in the scores ofsuch in many cases for Indian andAlaska Native students. This Many Indian and Alaska Native students on the SAT and ACT asshown in Tables 29 through 33. is clear that tracked into remedial programsand vocational programs. It students are still students and do not teachers and administrators often do nothave high expectations for such Research in effective encourage them toenroll in higher mathematics andscience classes. both essential components to teaching practices and trainingof teachers in such practices are effecting positive change inthis area. students to have the financial means to In addition, it is importantfor Indian and Alaska Native degrees inmathematics, science, college and complete baccalaureate and graduate attend As shown previously engineering, as well as in othersubject areas needed in theircommunities. Indian scholarship programs ofthe in Tables 34 through 37 andthe accompanying narrative, the It is clear that in order various agencies meet only a smallportion of the need for assistance. EDUCATING THE AMERICAN INDIAN/ALASKA NATIVE FAMILY, continued
to meet goal 4 and the professional development needs of Indianand Alaska Native communities, scholarship assistance must be greatly increased. Teacher education is particularly important, and aspecialinitiative should be establishedto produce Indian/Alaska Native teachers for Indian/Alaska Native children. Two of thu tribal collegesnow award baccalaureate degrees in education, and one of them most recently is ableto award a master's degree in education. There should be a national assessment of the otherprofessional development needs of Indian and Alaska Native communities, taking into consideration economicdevelopment plans, tribal government needs, and health professional needs, to be usedto determine the priority fields of study for various Indian scholarship/fellowship programs.
In order for Indian and Alacka Native communitiesto meet national education goal 5,a number of factors mvst be considered. The necessity for increasedIndian adult education efforts has already been discussed above, but vocational-technicaleducation needs must be addressed. Table 28 shows that the Indian Vocational EducationProgram at the Department of Education,a set-aside under the Carl D. Perkins Vocational EducationAct, has funded a great number of projects since its inception in 1977; however, itserves only members of federally recognized Indian tribes and Alaska Native villages in about 40 projectsper year. The BIA Adult Vocational Training funds another 3,000 members of such federally recognized Indian/AlaskaNative entities per year. The Bureau of Indian Affairs also operates Southwestern IndianPolytechnic Institute, which serves 400 to 500 students with programsin vocational and technical fields, and HaskellIndian Junior College, which serves 700 to 800-plus students withprograms in liberal arts, business education, and vocational-technical education. However,there are many federally recognized tribes and Alaska Native villages without localprograms, and no off-reservation Indians or Alaska Natives are served. Consequently, it is important that these Indian and AlaskaNative people have access to the state-administered vocational educationprograms. While a few states have worked well with Indian communities,many state-administered programs stop at the reservation lineor provide little outreach to urban Indians id rural nonreservation Indian communities. It should be noted that despite the ABE/GED totals in Table 24, there are similar access problems to state-administered adulteducation programs. In orderto address thisproblem, it is very importantfor Indian and Alaska Native adult education and vocationaleducation needs to be reflected in each respective state plan submitted forthe state-administered grant programs. In addition,it should be noted that there isno set-aside for Indians and Alaska Natives in the Adult Education Act comparable to that under the PerkinsAct. In order to better meet the adult education needs of reservation and Alaska Native village residents,a two-percent such set-aside 5hould be added to the Adult Education Act.
The IndianandAlaska Native communitiescover a vast rangewithrespect to degrees of development. Some tribes have launched economic development efforts thathave been successful, while others have not been successfulor are not yet ready to develop. It is very important that education and training go hand-in-hand with economic development. Indians and Alaska Natives have EDUCATING ME AMERICAN INDIAN/ALASKANATIVE FAMILY, continued educational or other job foundthemselvessometimes trained, through vocational previously and they then went back for training programs, for thatwhich did not exist in the local economy marketable skill or to keep moneycoming into more training eitherin hope of gaining a locally training. There must be family from thestipend or compensation paid tothem during the development efforts or the laborforce coordination between trainingprovided and tribal economic tribal economic development needs of the communitiesbordering thereservations. Conversely, canresult in tribal enterprisesrun by withouteducation and trainingof Indian people non-Indians and continuing highIndian unemployment.
in reservation communities. They The tribally controlled collegeshave a significant role to play have served as institutional resources have brought postsecondaryeducation home to the people and in tribal economic development,education governments. The colleges have worked for tribal for the whole communityand strategies at the elementaryand secondary level, and as resources underfunded as reflected in Table7. In addition, many individuals. These colleges are terribly Additional operational andconstruction of the colleges are housedin inadequate facilities. should be begun to provide funds are needed, and 4ecialdevelopmental and sustaining efforts historically black colleges. tribal colleges with opportunitiescomparable to those provided for reach national education goal6 will The ability of the Indian andAlaska Native communities to drugs and violence. About 85 percent of Indian andAlaska Native depend on how America handles always drug-free or even children attend public schools, andthose school environments are not In fact, some public schools on or nearreservations and tribal and BIA safe physical plants. safe environment elementary andsecondary schools haveconstruction needs with no available This basic need for safefacilities should be met. In addition, the conducive to /earning. by many other Indian and Alaska Nativechildren andadults is also affected education of separated from the The educational activitiesof an individual cannot be socio-economic factors. school, sleepy factors affect learning. Whether a child is hungry at rest of him, and various or sickbecause of kept awake dueto alcohol- ordrug-related family violence, from being Clearly, these factors and inadequate health services or poorhousing can affect his learning. adult learner's ability tc takeadvantage of adequate child care andtransportation affect the involved in programsto meetthese educationalopportunities. Severalfeckral agencies are included in any coordinatedeffort to improve the socio-economic needs. These agencies must be education level of Indian and AlaskaNative people. underway or proposed, and theWhite House There are a number ofIndian education studies now The above discourse showsthat Conference on Indian Educationhas been authorized andpromised. all of American education. In fact, the field of Indian/AlaskaNative education is as diverse as all of the special problemsattendant Indian education is a microcosmof American education with If America is seriousabout meeting its thereto with a tederal(BIA) school system added in. addressing the education crisistoday, then national education goals andmeeting the challenge of concentrated effort, research,and innovation Indian and Alaska Nativeeducation is the area for effectively and successfully inhldian and Alaska Native --forif programs and practices work the rest of America. education, they will work for 83 PART V
RECOMMENDATIONS
The recommendations of the NationalAdvisory Council on Indian Educationto the Congress of the United States and to the Departmentof Education and the current Administrationare as follows:
1. Me Office of Indian Education (OIE)should be reestablishedas an independent division within the structure of the UnitedStates Department of Education, and the Directorof OIE should be upgraded to an Assistant Secretary whoshall report directly to the Secretary ofEducation.
2. The Office of Indian Education ofthe Department of Education shouldplay a leading role in identifying and disseminating effectiveIndian/Alaska Native education practicesfrom all education projects funded by theDepartment of Education.
3. The Secretary of Education shouldconduct a review of the Resource andEvaluation Centers funded by . the Office of Indian Education. Such review should note theirmandate, responsiveness to Indian Education Actprogram grantees and p,tential grantees, andany gaps in such service. After such a review, changes should be madein the contracts or service delivery to better meet the needs of grantees and potential grantees, particularly Indianand Alaska Native potential discretionarygrantees.
4. The Secretary of Education should conductan evaluation of the Indian Fellowship Program and report on number of applicants funded, tribes ofthe applicants, levels of funding, and number of applicants not funded. A survey of the professional needs inIndian affairs should be conducted to highlight potentialnew areas of fellowship activity.
5. The Secretary of Education should conducta review ofall grant-in-aid programsin the Department of Education under which localeducational agencies receive fundingto ensure that Indian Education Act fundsare not being used to supplant other federal funds.
6. There should be incruased cooperation between the Department of Education, Office ofIndian Education, and the National Advisory Councilon Indian Education, especially with respect to policy development,regulations, and other items related to administrationof programs in which Indian childrenor adults participate or from which they can benefit.
7. The President should call the WhiteHouse Conference on Indian Education, and theCongress should appropriate for fiscalyear 1991,to remain available until expended,the sum of $500,000 to be used with the fundsappropriated in fiscalyear 1990 to carry out the necessary planning of the Conference and $1.5 million infiscal year 1992 to conduct the Conference and any associated preconferences.
84 RECONENDATIONS, continued Public Law 100-297, to extend to The Congress should enact anamendment to Part E, Title V, 8. Indian Education must be September 30, 1992, the date by wHchthe White Hbuse Conference on and comprehensive event. held to allow the necessaryplanning for this most important White Hbuse Conference on The Advisory Committee and theInteragency Task Force for the 9. that the planning for the Indian Education should beappointed as soon as possible so national Conference and any necessarypreconferences may begin. Task Force The National Advisory Council onIndian Education,the Indian Nations At Risk 10. Indian Affairs should be established by the Secretary ofEducation,and the Bureau of Interagency Task Force for theWhite House Conference to share required to cooperate with the consultations, so that the information and results of anystudies, hearings, or education the informationgathering and work of these aforementioned entities can feed into synth izing efforts of the Conference. that "the Government of theUnited Since the Congress hasacknowledged in Public Law 100-297 11. which has given rise to aresponsibility States has a specialrelationship with the Indians all Indians,"the Congress and/or the toassure superioreducational opportunities for for Education Statistics toprovide Secretary of Education shoulddirect the National Center published report which provides statistical information onIndians and Alaska Natives in any by oversampling, or by whatever such information by ethnicityand to collect such information Indians and Alaska Natives. sampling method is appropriate, toproduce reliable estimates on and Secretary of Educationshould require The Congress and/or theSecretary of the Interior 12. Education Statistics to includethe the Bureau of Indian Affairsand the National Center for other study as well as in any children in BIA-funded schools in anynational longitudinal or published report which provideseducational information by ethnicity. Affairs education programs so that The Congress should forwardfund all Bureau of Indian 13. elementary and secondaryschools, tribes, Alaska Native villagesand corporations, tribal for Johnson-O'Malley funds,and tribal colleges, localeducational agencies as contractors othcLs can better plan the,seducational activities. administrators and teachersand administrators in For Bureau of IndianAffairs teachers and 14. Impact Aid,or Johnson-O'Malley all school districtswhich receive IndianEducation Act, in-service teacher training program,for funding, there should beestablished a mandatory credits, which will which theteachers/administrators willreceive continuing education positive perspective tofacilitate provide them with training oncultural differences from a Indian and Alaska Native a betterunderstanding of the behaviorsand learning styles of the contributions oftheir people to children and an appreciationof their backgrounds and also share effective programsand practices in this country. The training program should educating Indian and AlaskaNative students. 85
1 ..)( RECOWENDATIONS, continued
15. The Department of Education should strictly enforcethe provisions of the Impact Aid law which require Indian policies and proceduresto be in place in each school district and active consultationand involvementby Indiantribes and parentsin the planningand development of programs for their children. There should be a resolution by the Congress indicating that the federal payments under theImpact Aid Program to districts counting students who reside on Lndian landsare in lieu of and represent the tax payments of the Indian tribe, since the tribe made thepayment many years ago with the ceding of lands. The school districts should never be ableto think that Indians do not pay propertytaxes and that, consequently,LEAs do not have to be as responsiveto them as they are to other taxpayers.
16. The Department of Education should provide technicalassistance to Indian tribes and Alaska Native villages regarding the rights of tribes,villages, and Indian/Alaska Native parents to be involved in the education of their childrenin schools receiving Impact Aid fundsas prescribed in policies and procedures required by thestatute and regulations.
17. The Congress should amend Public Law 81-815to provide a125 percent funding priority (multiply priority index by 1.25)for construction funds in the Impact Aid Programfor schools serving children who resideon Indian lands comparable to the 125 percent entitlement for operational funds under Public Law 81-874.
18. runding should be availableunder PublicLaw 81-815, asamended, for replacement of facilities serving children livingon Indian lands as well as for initial construction. In addition, there should be provisions foremergency construction without having to wait for the regular application cycle tocover loss from fire or other destruction (not including major disaster declared by the President, for which thereis already authority).
19. All federal education statutes should be amended to include Indian tribes, tribal organizations, Alaska Native villages,or Alaska Native corporations in the definition of "local educational agency (LEA)" in thosecases where the exclusion from such definition would resultin children attending tribalor BIA schools andIndian citizens living on reserv3tions or Alaska Natives being deniedaccess to the same discretionary and formula grant programs that serve other Americans.
20. Theincome eligibility requirementshould be waived for Head Start and other preschool programs in remote areas where such prograis are the only preschoolprograms available for Indians and Alaska Natives.
21. The Congress should providea stable and ongoing fund for construction of tribal elementary and secondary schools and tribal collegesto ensure that the construction and renovation needs of all such current schoolsare met by fiscal year 2000 with a phase-in of Ply newly established schools or colleges into theprogram.
86 REaWENDATIONS, continued $3,100 per full-time equivalent student, 22. The tribal colleges shouldbe funded at a minimum of which was the per pupilexpenditure in fiscal year 1981.
Community College Assistance Actshould be reauthorized inaccordance 23. The Tribally Controlled Education Consortium. with the recommendations ofthe American Indian Higher
colleges fairly and providethem at least the same opportunities OS 24. In order to treat tribal legislative effort and a other predominantly minorityschools,there should be a special the efforts put forth forhistorically White House initiative ontribal colleges similar to black colleges. provide a two-percent set asidefor 25. The Congress should amendthe Adult Education Act to adult education programs forIndians and Alaska Natives. Affairs to remove from the IndianPriority The Congress should requirethe Bureau of Indian 26. (scholarship) program, so System both the adult education programand the higher education against other tribal government that the tribes do not have toprioritize education programs services, such as law enforcement.
for both the Office of IndianEducation and the Bureau ofIndian 27. The adult education budgets Affairs should be doubled(to $14,976,000 in fiscal year1991). granted a waiver by the Congress toavoid The Bureau of IndianAffairs should never again be 28. and Alaska Native villagesunder the the matching requirement forfunds for Indian tribes Carl D. Perkins VocationalEducatiori Act.
legislation requiring a nationalassessment of the adulteducation 29. The Congress should pass people. and vocational education needsof Indian and Alaska Native
national technical assistance centerfor Indian and Alaska 30. There should be established a Native adult education.
legislation requiring a nationalassessment of theprofessional 31. The Congress should pass development plans, and Alaska Native people,given their economic development needs of Indian of health professional needs,and teacher needs, for the purpose tribal government needs, fellowship programs, particularly at determining priority fields ofstudy for scholarship and back to jobs available inIndian the graduate and professionallevel, and matching graduates and Alaska Native communities. Bureau ofIndian Affairs, the Indian Health Thescholarship/fellowship budgets for the 32. doubled (to $74,762,000 infiscal year Service, and the Office ofIndian Education should be 1991).
8 7. I RECOMENDATIONS, continued
33. The other agencies of government establishing programs or policies affecting the education of Indian and Alaska Native people should be required to inform the National Advisory Councilon Indian Education, the Office of Indian Education at the Department of Education, and the Office of Indian Education Programs at the Bureau of Indian Affairs to facilitate exchange of information and coordination of efforts to meet the educational needs of this population.
34. State educational agencies (SEAs) with more than five Indian Education Act formula grantees should receive funding for a state Indian education office to assist in the monitoring of and technical assistance to formula grantees;to interact with other programs to assist in ensuring against supplanting state and other federal funds with Indian Education Act funds; to interface withstate-administeredprograms, suchasadult education andvocational education, to assure that Indians and Alaska Natives are included in the state plans; and to serve as educational resources to Indian and Alaska Native communities.
38. TheCongress should amend the Indian Education Act to allow new formula grantees under subpart 1.
36. The Department of Education should develop strategies for ensuring that LEAs concentrate efforts to successfully meet the original intent of the Indian Education Act to utilize grant funds to develop the appropriate methods and activities to address the special educational and culturally-related academic needs of Indian and Alaska Native children and then integrate these methods and activities into the school system. The Department should also assess how LEAs may become more effective at addressing Indian/Alaska Native student needs not as Indian education problems but aslocaleducation concernsthat warrant unique and specialized approaches.
37. The Department of Education should evaluate the effectiveness of Indian Education Act formula grant projects and require formula grantees to seek technical assistance as needed from the Resource and Evaluation Centers rather than the current practice of technical assistance to grantees only upon their request. Often those formula grantees who need assistance most do not request it.
38. The Department of Education and the Bureau of Indian Affairs should maintain a working group to work out problems which may develop with eligibility of BIA and tribal schools for Department of Education programs; to develop collaborative working relationships for staff training, sharing of and collecting information, and pathcipation in joint studies regarding Indian and Alaska Native students; and to resolveany regulatory obstacles for BIA schools now administering Indian Education Act formula grant or other programs, such as hiring of project personnel, supply and eqpipment procurements, and student count form management.
88 te) RECOMENDATIONS , cont inued Aim have application packages for each grant programand 39. The Office of Indian Education should for Indian fellowships prepared andavailable to allow atleast three months from the application availability date to theapplication closing date. To ensure appropriate notice and availability, application packages forformula grants should automatically bemailed to all prior year grantees immediately uponreceipt from the printer. Likewise, application mailed to packages for Indian-controlled schoolsdiscretionary grants should be automatically packages for all all eligible tribal schools. Notice of the availability of application to all federally otherdiscretionarygrants and Indian fellowships should bemailed recognized, terminated, and state recognizedIndian tribes, Alaska Native villages, urbanand resource and rural nonreservation Lmdianorganizations, tribalschools, tribal colleges, evaluation centers, and other interestedparties. The National Advisory Council onIndian Education will shareits mailing list to accomplishadequate notice and distribution of application packages.
socioeconomicimpediments to 40. Federalagenciesshould work cooperatively to address the educating Indian and Alaska Native people totheir full potential, including addressingthe which affect health, housing, nutrition, substanceabuse, family violence, and other problems the whole child and the whole adult pelsonin reaching his/her educational goals.
In orderto better assess theachieiement ofIndianand Alaska Native elementary and 41. on Indian secondary students, theCongress should direct the NationalAdvisory Coulicil Education, the National Center forEducation Statistics, the Office of IndianEducation at the Bureau of Indian the Department of Education, theOffice of Indian Education Programs at jointly Affairs,state education agency representatives,and other appropriate parties to data to determine and report back to appropriatecommittees of the Congress the achievement Indian require of Indian Education Act formula grantees. The Congress should then amend the Education Act to require collection andreporting of such data by formula grantees as a condition of the grant award.
publish inthe Federal Register 42. The Congress should require all federal agencies to proposed rulemaking or final rulesasan amendment inthe nature of a substitute, with narrative explanation of changes from anyprevious regulations, so that thekimerican public can readily determinehow the regulations will actually readwith such changes.
kfi9 .Ie.1V JET .5'
1 J APPENDIX A
DATES AND PLACES OF MEETINGS AlrIMINIMIiInNi1114. IIMM
1988 November 141_1918 N_ovember13-161988continued Executive CommAtee Meeting (Closed meeting) Alaska standing Tulsa, Oklahoma committees of the Council had an opportunity to meet during the conference, vmd each The Committee discussed the final interview committee discussed setting goals, listing and selection process of candidates for the objectives, and assigning duties. position of Executive Director of the National Advisory Council on Indian Education. 1989 .A1111a_11129L:1 November 16 1988 TVIIIT&I&IIMeaing (Open meeting) Bethesda, Mhryland Full Council Meeting (Closed meeting) Tulsa, Oklahoma This, the second full Council meeting of the The full Council interviewed candidates for fiscal year, began with a morning Issues the position of Executive Director and Session during which the Council Members selected MS. Jo Jo Hunt. had open discussion with Indian educators, representatives of Indian tribes and organi- zations, and other interested individuals to November 13-16, 1988 identify problems in Indian education and Full Council Meeting (Partially closed meeting) discuss solutions. On the second day of the Tulsa, Oklahoma meeting, representatives of OIE, BIA Educa- tion, and the Indian Health Scholarship Pro- On November 13 1988, the National Advisory gram provided updates on their programs. Council on Ind Education, in conjunction Congressional staff reported on the Indian with the Nation. Indian Education Association education legislative agenda. The Council's (NIEA), held a ruund-table discussion with standing committees held working sessions and about 30 other representatives of Indian reported back to the full Council. The education organizations at the 20th Annual relationship between the Council and the NIEA Conference. In addition to attending Department of Education and the reorganiza- the conference, the Council also held a tion of the Office of Indian Education with general business meeting and, as a new the implementation of Indian preference were activity, held a youth initiative meeting of particular concern. In addition, Members with about 10 Indian leaders to discuss discussed the Council's advocacy role. the problems and needs of Indian and
= 93 i Jo 1 LiftJ APPENDIX A
DATES AND PLACES OF MEETINGS, continued
April 3-4, 1989 NW.98'Itinued Proposal Review Committee Meeting (Closed meeting) -CifiaiditeSforthe-poition of Director of Washington, DC of the Office of Indian Education. The Council Mlembers subsequently ,.;.7,%3sed the The duly constituted Proposal Review Committee candidates and developed a rank-ordered list met to review the grant applications for of nominees to be submitted to the Secretary. discretionary awards under the programs On May 24, 1989, the Council conducted a gen- authorized by subparts 1,2, and 3 of the eral business meeting, including discussion Indian Education Act, including applications of the Council's expansion of its scope of for discretionary grants to Indian-controlled activities to include programs in all depart- schools; planning, pilot, and demonstration ments which affect or may affect the educa- projects; educational personnel development tion of Indian and Alaska Native people. projects; educational services for Indian While it was felt that this has always :.-Jen children projects; educational services for tLe mandate of the Council, it is cleav that Indian adults; and Indian fellowships. The the numbers of programs in other departments Council subsequently submitted recommendations have grown tremendously since the beginning to the Secretary of Education regarding approval of the Council in 1973. of applications for funding. The Acting Assistant Secretary for Elementary and Secondary Education responded to the Council's recommendations. August 3-41 1989 Executive Committee Meeting (Open meeting) San Diego, California May 221989 ecutive Committee Meeting (Closed meeting) The Committee met and discussed the White Washington, DC House Confe7:ence on Indian Education and the the lack of a selection by the Secretary of The Executive Committee met as the Council's Education for the position of Director, Search Committee to review the selection process Office of Indian Education. The Committee for the position of Director, Office of Indian also planned the agenda for the next full Education, Department of Education. Council meeting to be held in Anchorage, Alaska, to coincide with the 21st Annual Conference of the National Indian Education Association. The performance appraisal May 23-24, 1989 system for all Council full-time staff was Full Council Meeting (Pcirtially closed meeting) also discussed and approved. Washington, DC
On May 23, 1989, the full Council met in closed session for the purpose of interviewing the six
94 14 4',)0 APPENDIX B
LIST OF FELLOWSHIP RECIPIENTS
The following individuals vse the recipients of fiscal year 1989 Indian Education Act fellowships, as awarded by field of study:
BUSINESS EDUCATION
New Awards New Awards Jeffrey Johnson 7MATTliiigoy Patricia Mabe Ronalda Cadiente Charles Mounts Yvonne David Caroline Sellars Delores Dunning Andrew Seymour Jonathan Reeder Ermina Ruhf Continuation Awards Clayton Small Vernon Brown Alyce Spotted Bear Eugene Cam Ramona Tecumseh Catherine Cichosz Melanie Fourkiller Continuation Awards Faith H. jacob Leesta Bentley Stephen M. Red Elk Lila F. Bird Sarah 1% Stratton Nelson Blaine Gretchen Freed-Rowland Karen M. Halbritter CLINICAL PSYCHOLOGY Shirley Kendall Frank M. Laber New Awards Robert D. Mbndragon Jessiline Anderson John J. Peregoy Priscilla Day Steven Small Francis Steindorf Continuation Awards Alberta F.W Rebecca R. Crawford ENGINEERING Carol A. Hoogenboom Richard Revard New Awards Darlene Wood Crystal Bond APPENDIX B
LIST OF FELLOWSHIP RECIPIENTS, continued
ENGINEERING, continued LAWcontinued
Necia Brayboy Continuation Awards George Franklet Ronald P. Andrade Thomas Jacks Toni L. Goodin Tom Mhyotte Mickael T. Hembree Darren Simpson Tamsen Holm Fredie Zachary Jolanda E. Ingram Heather Kendall Continuation Awards Tina M. Kuckkahn Paula R. Lee William P. Cummings Francina G. Lewis Anthony G. Falcone Stephen J. Moss Steven J. Horn Susanne Roubidoux Zachary La Batte Troy M. Woodward Bryan C, Locklear Bradley T. Lynch Brian K. Rogers MFZICINE Paris Rutherford William E. Taylor, Jr. New Awards Madonna C. Yawakie 3117T1NNEE Vernon Chee Jessica Doney Kimberly Draper LAW Laurie Fox Mary Hoover New Awards Elaine Martel Aii5a1albritter Rex Quaempts Sally James James Kawahara Continuation Awards John La Velle 'Sta6771geyta Rose Parish Linda S. Aranaydo Wayne Scheeler Charlene Amery Matthew Thornton Doyle D. Bender
96 APPENDIX B
LIST OF FELLOWSHIP RECIPIENTS, continued
MEDICINE continued PSYCHOLOGY, continued
Clay Campbell Mary Coolidge Tammie A. Chavis Roger Fields David J. Gayton Jeannette Hhynes Brett A. Koplin Chris Oliver Glenn C. Middleton Donna Powless Nancy F. Sandoval William Rogers Brian W. Thompson Kathryn Ann Wallace Continuation Awards Paula A. West Robert C. Brisbois Lisa Joyce Yankton Georgia A. Mhsayesva Jeffrey A. Mowrer Lisa M. Savage NATURAL RESOURCES Barbara Starr Iva W. Trottier New Awards Candice Anderson Christine Chouteau Phoebe Mills Monica Mueller Amanda Speicher
Continuation Awards Daniel D. Belcourt Christine J. Benally Benjamin Cunningham, Jr. Eddie John Previtte III Roylene Rides At The Door Tardie Lee Roupe Wenonah E. Skye
FSYCHOLOGY
New Awards Sandra Bigelow APPENDIX C
SECONDARY SCHOOL RECOGNITION PROGRAM, U.S. DEPARTMENT OF EDUCATION
In fiscal year 1989,the U.S. Department of Education announced the names of 218 public and private secondary schoolsselected for nationalrecognition in the 1988-89 Secundary School Recognition Program. Selections were made from over 650 middle, junior high, and senior high schools, nominated by state departments of education and the Bureau of Indian AfZairs (BIA). One BIA school was selected for national recognition. The Cherokee Central School in Cherokee, North Carolina, was selectedbythe Departmentof Education asan exemplary program. For more information on the school, please contact:
Dr. George J. Doering Cherokee Central School Cherokee, North Carolina 28719 (704/497-5511)
4-1
98 APPENDIX D
PROGRAMS BENEFITING INDLWALASKA NATIVE STUDENTS IN FISCAL YEAR 1989
I ITIV4 i l of el ;)1 'WI )1AN 1! Int iratKIOR
Elementary and Secohdary Education School Operations Indian Education Act $ 71,544,742* t oraTliT Adjustments) $164,290,000 Impact Aid - Mainte,.ance & Operations 239,355,638 Institutionalized Handicapped 1,428,000 Impact Aid - Construction 7,681,000 School Boards (Expenses & Training) 1,235,000 Adult and Vbcational Education Student Transportation 11,918,000 108,000 Vocational luc de 10,808,990 Solo Parent Special Education and Rehabilitation Services Technical Support (Agency & MIS) 8,807t000 ocational e ilitationet 'de 3,625,000 Substance/Alcohol Abuse Counselors 2,391,000 Postsecondary Education Johnson-O'Malley 23,000,000 linority science Improvement Program 548,523 Continuing Education Institutional Aid 2,401,904 Postsecondary Schools 11,556,000 Bilingual Education 11,286,180 Special Higher Education Scholarships 1,960,000 Educational Research and Improvement Tribally Controlled Comm. Colleges Library Services for Tribes 2,448,700 (Operations & Endowment) 12,968,000 Tribe/Agency 0rations TOTAL: $349,700,677 olarships 28,476,000 Tribal Colleges Snyder Act Supplement 932,000 C_Iited_bl_BIA but funded through Education Department Adult Education 3,138,000
Chapter 1 Set-Aside $ 25,217,025 TOTAL: $272,207,000 Fducation of the Handicapped Set-Aside 18,286,876 Mhth and Science Set-Aside 598,375 OTHER PROGRAMS Drug-Free Schools & Communities Set-Aside 3,475,000 Office of Construction (Interior) $ 33,650,000 TOTAL: $ 47,577,276 Indian Health Service Scholarship Program 7,896,000 Head Start (Health & Human Services) 41,773,791 Institute of American Indian Arts 3,093,000
TOTAL: $ 86,412,791
GRAND TOTAL: $755,897,744
*This total and the grand total reflects the funds obligated as reported bythe Office of Indian Education. The total appropriation for the Indian Education Act programs and administration was$71,553,000 for fiscal year 1989.
99 APPENDIX D Profiles of Programs Benefiting Indian/Alaska Native Students in Fiscal Yeay 1A19
FY 1989 BUDGET MOAN O OF STUDENTS ISSUES IN FISCAL YEAR 1989
Dr. John W. Tippeconnic III Total: $71,544,742 BIA schools are eligible, as local cffice of Indian EdUeation Number programs 1,398 educational agencies, for subpart 1grants Office of Elementary & Secondary Ed. Subpart 1 $49,239,742 in fiscal year 1989. U.S. Department of Education Sbpt 1-ICS $ 3,500,000 New gifted and talented pilot program is 400 Maryland Avenue SW., Room 2177 Subpart 2$12,307,000 funded for fiscal year 1989 for one project. Washington, DC 20202-6138 Subpart 3$ 4,000,000 Indian preference in OIE being implemented. 202-401-1887 Admin. $ 2,498,000 Received 678 applications for fellowship Students program; funded 73 continuation fellowships Total 375,849 and 51 new fellowships in fiscal year 1989. Subpart 1 348,333 Subpart 1is formula grants; subpart 1 Subpart 1-ICS 5,949 ICS is discretionary grants to Indian- i Subpart 2 14,243 controlled schools; subpart 2 is for India Fellowships 124 ch ldren and resource and evaluation Subpart 3 7,200 centers; and subpart 3 is for Indian adults.
Charles E. Hansen, Director P.L. 81-874,Sec. 3: P.L. 81-874, Section 3, provides for Impact Aid Program $ 239,355,638 assistance to LEAs providing a free public U.S. Department of Education Payments to local education to children who reside on Indian 400 Maryland Avenue SW., Room 2077 educational agencies lands or with a parent who resides on or Washington, DC 20202-6244 (LEAs) providing a works on federal property or is on active 202-401-3637 free public education duty in the uniformed services. Pursuant to children who reside to section 5(b)(3) of the law and the on Indian lands regulations found at 34 CFR 223, an LEA claiming assistance for Indian lands No. of students: children must have a set of Indian policies 109,347 (computed as and procedures providing tribal leaoers and avera ge dai l y parents of Indian/Alaska Native children attendance ) with opportunities to comment on and participate in the educational programs.
Willia Patterson P.L. 81-815 Direct grants to school districts serving Impact Aid Construction To be obligated children who reside on Indian lands for U.S. Department of Education $ 7,681,000 construction or renovation of school 400 Maryland Avenue SW., Room 2117 facilities. Washington, DC 20202-6244 No. of projects: $4,175,000 was carried over from fiscal 202-401-16163 3 year 1989 to fiscal year 1990.
; s 100 1.- .4. APPENDIX DProfiles of Programs Benefiting Indian/Alaska Native Students in FiscalYear 1989, continued
FY 1989 BUDGET PROGRAM It OF EIMENT5 ISSUES IN FISCAL YEAR 1989
Harvey G. Thiel & Karen R. Suagee 1.25% set-aside o Congress was still considering In4ian Vocational Education Program $ 10,808,990 reauthorization of the Carl D. Perkins Office of Adult and Vocational Ed. Vocational Education Act in fiscal U.S. Department of Education Projects funded ye:.ir 1989. 330 "C" Street SW., Room 4512 40 Competitive grant program to serve Washington, DC 20202-7242 federally recognized tribes and Alaska Native villages with 35 continuations and . 202-732-2380 Indians served Approximately 2,300 5 new grants for a total of only 40 projects. Clearly need to better access the state-administered vocational programs.
Edward Hofler 0.25 % set-aside State grants and set-aside service grants Indian Tribes & Organizations Prog. $ 3,625,000 to tribes to provide vocational Vocational Rehabilitation rehabilitation services to handicapped 6.S. Department of Education No. of clients: clients. 400 Maryland Avenue SW. About 3,000 in 14 This program is authorized by Part D, (Room 3318, Switzer Building) projects (8 new/6 Section 130, Rehabilitation Act of Washington, DC 20202-2650 continuation) 1973, as amended. The Act was most recently 202-732-1332 amended by P.L. 99-506 and P.L. 100-C30 and is to be considered for reauthorization by 1991.
Dr. Argelia Velez-Rodriguez $ 548,523 e Discretionary grants to improvescience and Minority Science Improvement Program engineering education programs; total funds Offico of Postsecondary Education No. of students: reflect amounts going to predominantly 7th & "D" Streets SW., Room 3022 1,239students in 7 Indian institutions. Washington, DC 20202-5339 institutions 202-708-9996
Dr. Louis J. Venuto $ 2,401,904 Discretionary grantsto developinstitu- Institutional Aid tional self-sufficiency; total funds reflect U,S. Department of Education No. of institutions: amounts going to predominantly Indian 400 Maryland Avenue SW. 10 institutions. Room 3042, ROB-3 Washington, DC 20202-5335 202-708-8839
16." APPENDIX DProfiles of Programs Benefiting Indian/Alaska Native Students in Fiscal Year 1989, continued
FY 1389 BUDGET PROGRAM 0 OF STUDENTS SERVED ISSUES IN FISCAL YEAR 1989
D'Alan Huff, Ed. Program Officer Indian Exclusive Fiscal year 1989 awards are continua- Division of State & Local Programs $ 11,286,180 tion grants. Fiscal year 1987 was the Office_of Bilingual Education No. of students: first year of the three- to five-year U.S. Department of Education 15,392 (94 programs in grants. 330 "C" Street SW., Room 5609 18 states) Need more Indian staff on the national Washington, DC 20202-6610 Indian included but level due to the large Indian population 202-732-5700 not exclusive: that is served. $ 3,392,131 In addition to the Division of State and No. of students: Local Programs, Indian students also 2,255 (22 programs in benefited from OBEMLA's Division of 9 states) National Programs. In 1989, these programs were: Academic Excellence Program $ 379,530 (2 projects) Family English Literacy Program $ 644,116 (5 projects) Special Populations ProgrAM $ 1,322,200 (10 projects serving 1,618 limited English proficient students) Short-Term TrainingLProgram $ 169,483 (2 projects)
Beth Fine Total Direct grants to federally recognized Library Services for Indian Tribes $ 2,448,700 Indian tribes and Alaska Native villages U.S. Department of Education Indian Tribes for the provision of public library 555 New Jersey Avenue NW. $ 1,836,525 services. Washington, DC 20208-5571 Basic (159 Grants) Library Services and Construction Act 202-357-6323 $ 598,090 reauthorized in fiscal year 1990. Special (17 Grants) $ 1,238,435 Hawaiian (1 Grant) $ 612,175
Sharon Lynn 1% Set-Aside For use at BIA-operated and tribal schools, Chapter 1 $ 25,217,025 this program provides compensatory Bureau of Indian Affairs No. of students: (supplemental) education services to U.S. Department of the Interior 16,604 disadvantaged children. 18th & "C" Streets NW. MS 3516-MIB Code 500 Washington, DC 20245 202-208-6364 102 continued AITOMIX_DProfiles of Programs BenefitingIndian/Alaska Native Students in Fiscal Year 1989,
FY 1989 BUDGET PROGRAM II OF STUDENTS ISSUES IN FISCAL YEAR 1989 Provides supplemental funding for special Goodwin K. Cobb III P.L. 94-142 education and related services to handi- Education of the Handicapped 1.25% Set-Aside capped Indian/Alaska Native children ages Bureau of Indian Affairs $ 18,286,876 U.S. Department of the Interior HoL, of students: 0-21 years. Includes funds from Program for Infants & 18th & "C" Streets NW. 6,762 Part H of the MS 3516-MIB Code 500 Toddlers with Handicaps Washington, DC 20245 Education for the Handicapped Program. 202-208-6675 Provides training for math and science Bill Mehojah 0.5% Set-Aside Math & Science Education $ 598,375 teachers. Bureau of Indian Affairs U.S. Department of the Interior 18th & "C" Streets NW., Room 3512 MS 3516-MIB Code 500 Washington, DC 20245 202-208-1190 For alcohol and drug abuseprevention Bill Mehojah 1% Set-Aside the BIA. Drug-Free Schools & Communities $ 3,475,000 program for children served by Bureau of Indian Affairs U.S. Department of the Interior 18th & "C" Streets NW., Room 3512 MS 3516-MIB Code 500 Washington, DC 20245 202-208-1190 In fiscal year 1990, the BIAwill operate, Dennis Fox $164,290,000* either directly or by contracts with or ISEP MiLmula & AdJustments1 No. of students: grants to tribes, about 166 elementaryand Bureau of Indian Affairs 39,381 in 23 states secondary schools and 14 dormitories. U.S. Department of the Interior BIA-operated percent of all BIA- 18th & "C" Streets NW. 27,197 6 In fiscal 1989, 40 funded schools were operated by tribes MS 3516-MIB Code 500 Tribal schools under contract or through grants, and 7 Washington, DC 20245 12,184 schools were operated under formal 202-208-7387 includes FERS cooperative agreements with publicschools. MEOW DProfiles of Programs Benefiting Indian/Alaska Native Students in Fiscal Year 1989, continued
FY 1909 BUDGET PROCORAM * OF STUDENTS ISSUES IN FISCA!. YEAR 1989
Goodwin K. Cobb III P.L. 91-142 Program typically provides education and Institutionaligednedicapped $ 1,428,000 related services to severely handicapped Bureau of Indian Affairs and --ntzlly fragile children between the U.S. Department of the Interior No. of students: ages u,5 to 21 yea.^s. 18th & "C" Streets NW. 147 Children are served in 25 private MS 3516-MIB Code 500 facilities, 2 tribal institutions, and 10 Washington, DC 20245 state institutions. 202-208-6675 .
Bill Mehojah 1,235,000 To facilitate Indian control of all matters School Boards relating to education, PA. 95-561 directed Bureau of Indian Affairs Indian school boards be involved in local U.S. Department of the Interior educational planning and decisionmaking. 18th & "C" Streets NW. Fiscal year 1989 money went for schccii MS 3516-MIB Code 500 board expenses for: (1) travel, per diem, Washington, DC 20245 stipends, and other costs for meetings; 202-208-1190 (2) fees for membership in school board associations; and (3) legal fees. Fiscal year 1990 funds for school boards were transferred to ISEP formula in accordance with P.L. 100-297, which authorizes a set-aside rather than direct funding.
Dr. Dennis Fox $ 11,918,000 o Funding includes service costs for vehice Student Transportation operators, GSA vehicle rental, supplies and Bureau of Indian Affairs equipment, maintenance, and repa.ft and othe U.S. Department of the Interior support costs. 18th & "C" Streets NW. MS 3516-MIB Code 500 Washington, DC 20245 202-208-7387
104 APPENDIX DProfiles of Programs Benefiting Indian/Alaska NativeStudents in Fiscal Year 1989, continued
FY 1989 BUDGET PROGRAM OF STUDENTS ISSUES IN FISCAL YEAR 1989
Dr. Dennis Fox $ 108,000 Operated at Sherman Indian School and Solo Parent Program Flandreau Indian School to provide single Bureau of Indian Affairs parents the opportunity to complete their U,S. Department of the Interior high school educations while living at the 18th & "C" Streets NW. school with their children. MS 3516-MTB Code 500 Washington, DC 20245 202-208-7387
Dr. Dennis Fox Total Includes educational Management Information System (MIS) activities; field level staff Technical Support $ 8,807,000 aureau of Indian Affairs assistance to the Director, Office of U.S. Department of the Interior Area/Agency Office Indian Education Programs; and broad technical assistance and leadership for all 18th & "C" Streets NW. $ 8,423,000 MS 3516-MIB Code 500 education programs to local school boards, Washington, DC 20245 MIS other tribal members, parents, and other 202-208-7387 $ 384,000 Indian citizens. Under P.L. 99-57(, all schools funded by Bill Mehojah Substance/Alcohol Abuse Education 2,391,000 the BIA are required to provide n program of instruction relating to alcohol and Program Bureau of Indian Affairs substance abuse prevention and treatment. this U.S. Department of the Interior In fiscal year 1989, the BIA expanded abuse funding 18th & "C" Streets NW. program with other substance from the Department of Education to include MS 3516-MIB Code 500 disease prevention Washington, DC 20245 a health promotion and program and an AIDS program. 202-208-1190 Funds are used by counselors and staff.
Bill Mehojah $ 23,000,000 Provides funding for supplemental education programs for eligible Indian/ Johnson-O'Malley Program Bureau of Indian Affairs No. of students: Alaska Native children in public schools U.S. Department of the Interior 205,705 in 306 and programs for three and four-year-old 18th & "C" Streets NW. contracts children to meet their special needs and local Washington, DC 20245 as determined by contractors 202-208-1190 Indian education committees. P.L. 100-446 requires that a new formula be phased in over three years beginning with all states receiving a minimum weight factor of 1.1 in fiscal year 1989, 1.2 in 1990 and 1.3 in 1991. 105 APPENDIX 0 Profiles of Programs Benefiting Indian/Alaska Native Students in Fiscal Year 1989, continued
FY 1989 BUDGET PROGRAM 0 oLAIVIERI5 ISSUES IN FISCAL YEAR 1989
Dr. Jim Martin $ 11,556,000 The Institute of American Indian Arts (IAIA) Postsecondary Schools No. of students: severed ties with the BIA in 1988, as pro- Bureau of Indian Affairs Haskell ($7,503,000) vided in P.L. 99-498, which was signed in U.S. Dewtment of the Interior Fall 756/Spring 689 October 1986. Thus, the fiscal year 1989 18th & "C" Streets NW. SIPI ($4,053,000) appropriation for postsecondary schools did Washi(Igton, DC 20245 Fall 465/Spring 480 not include IAIA. 202-206-7388
Reggie Roa7.)guez Total Fiscal year 1989 program includes Summer Special H1gher Ed. Scholarships $ 1,960,000 Law Program. Bureau of lilditm Affairs Amer. Ind. Scholar. In fiscal year 1989, only applicants in the U.S. Department of the Interior $ 1,800,000 priority fields of study were eligible for 18th & "C" Streets NW. Students served: funding. Washilgton, DC 20245 285 Received 561 applications in fiscal year 202-208-4871 UNM Summer Law Program 1989. $ 160,000 Students served: 61
Reggie Rodriguez Total Twenty-one colleges were served in fiscal Tribally Controlled Comm. Colleges $ 12,968,000 year 1989; 22 colleges are being served in Bureau of Indian Affairs fiscal year 1990. U.S. Department of the Interior Operating Costs The Tribally Controlled Community College 18th & "C" Streets NW. Title 1 0,489,000 Assistance Act authorizes this program (P.L. Washington, DC 20245 Title II $4,113,000 98-192, as amended). Title I funds all 202-208-4871 Tech/Asst $ 116,000 colleges except Navajo Community College. EndowmentAPL 99-428) Title II fundsare only forthe Navaje $ 250,000 Community College.
Reggie Rodriguez $ 28,476,000 Education staff at the area and agency Scholarships (Higher Ed. Program) offices provide supervision for this Bureau of Indian Affairs program. This undergraduate scholarship U.S. Department of the Interior program is contracted out to tribes or may 18th & "C" Streets NW. be administered at the agency level. Washington, DC 20245 202-208-4871
106 Indian/Alaska Native Students inFiscal Year 1989, continued APPENDIX D Profiles ofPrograms Benefiting
FY 1989 BUDGET ISSUES IN FISCAL YEAR 1989 PROGRAM OF STUDENTS choose to supplement grants $ 932,000 i Some tribes Reggie Rodriguez under PA. 98-192 with fundsavailable Tribal Colleges through the Indian PrioritySystem. Pureau of Indian Affairs This supplemental appropriationis made U.S. Department of theInterior pursuant to the generalauthority in the 18th & "C" Streets NW. Snyder Act (P.L. 67-85; 25USC 13). Washington, DC 20245 202-208-4871 Provides educationalopportunities and Reggie Rodriguez $ 3,138,000 learning experiences toenable adult Adult Education Indians/Alaska Natives to completehigh Bureau of Indian Affairs No. of students: school gaduationrequirements, acquire Interior 12,500 in 88 programs U.S. Department of the basic literacy skills, andgain new skills 18th & "C" Streets NW. and knowledge. Washington, DC 20245 202-208-4871 completed $ 3,093,000 IAIA, having successfully Yemia Kiamichi transition of separation fromthe BIA, Institute of American IndianArts campus and a No. of students: has secured a site for a new Campus of College of Santa Fe Meeting its 160 building for the museum. St. Michael's Drive Congressional mandate, it hasimplemented Box 20007 several new programs and coursesand has 87504 Santa Fe, NM increased student enrollmentsubstantially. 505-988-6603 IAIA will receive$4,135,000 in fiscal year 1990. IAIA is federally chartered asthe Institute of American Indianand Alaska Native Culture and ArtsDevelopment.
is based on Total New school construction Arthur Love established ranking processpublished in th- Office of Construction Management $ 33,650,000 Federal Register. Repair and Improvement Interior Education Projects U.S. Department of the Program is based on priorityranked input 18th & "C" Streets NW., Room2415 $ 9,190,000 from B1A area offices. Washington, DC 20245 PlAMIJAILALilliiaa $ 500,000 202-208-3403 Improvement $ 23,960,000
1i3.7 . 1.,, ApEENDIX3 Profiles of Programs Benefiting Indian/AlaskaNative Students in Fiscal Year 1989, continued
FY 1989 BUDGET MALIAN 0 OF STUDENTS ISSUES IN FISCAL YEAR...1989
Bill Mehojah $ 5,700,000* This program is in its second year ofa gill_511122i1 two-year award. The grant awarded by the Bureau of Indian Affairs 1 projectserves 16 Department of Education to TI-IN United U. Department of the Interior sites Star Network of San Antonio, Texas, enabled 18th & "C" Streets NW., Room 3512 the network to provide 16 BIA schools with MS 3512-MI8 Code 500 *Amount is not direct student instruction and teacher train- Washington, DC 20245 included in 1989 grand ing in the subject areas of mathematics, 202-208-4072 total because it is foreign languages, and sciences via second year of an satellite. award counted in fiscal year 1988 grand total.
Wes Picciotti, Acting Chief Entire Program Out of 1,000 applications received, the IHS Scholarship Program $ 7,896,000 Scholarship Program could only make 178 Indian Health Serviqg Section 102 new awards because of limited funds; there Twinbrook Metro Plaza Bldg. #100 $ 625,000 were 242 (tontinuation awards. 12300 Twinbrook Parkway Section 103 Placement of graduates without Indian Rockville, MD 20852 $ 2,119,000 preferenceshould be resolved; mandatory 301-443-6197 Section 104 placement process is being considered. $ 4,058,000 Section 105 $ 1,094,000
Lee Fields, Acting Chief $ 41,773,791 Eligibility requirements: must meet family American Indian Programs Branch income guidelines, which vary according to proiggt_Head Start Tribal Organizations: number in household. Department of Health & 106 Must be from a federally recognized Human Services Indian tribe or Alaska Native villdge 330 "C" Street SW., Room 2229 Children served: to participate in a project funded by the Washington, DC 20013 14,202 Indian Headstart Program. 202-245-0569
108 APPENDIX E
OUTSTANDING INDIAN/ALASKA NATIVE YOUTHPROGRAM
Committee of the National AdvisoryCouncil on Indian In June 1988,the School Quality Control for Outstanding Alaska Native Education announced the NationalLeadership and Achievement Program 1988 to recognize and honorIndian/Alaska Native youth. This program and American Indian Youth Native Youth 2000 was an effort ofthe Council to participatein the American Indian and Alaska Department of Health and Human Program of the Intra-DepartmentalCouncil on Indian Affairs, U.S. enlist all sectors of theAmerican Indian and Services. Y. 2000 is a nationwide effort to economic self-sufficiency. Alaska Native community inhelping youth achieve social and The four national winners were On July 5, 1989, the Councilannounced the winners of the program. Arizona; Tim D. Wilcox ofWinsloL,Arizona; Nora Jean Dial of Nicole Gaye Stern of Tucson, Albert S. Bowie of Iffirston-Salem, North Carolina; and SeanHayden Snell of Tahlequah, Oklahoma. aCEOWIRiment of "Hbnorable Mention" in thenational San Juan Pueblo, NewMexico, received the received a national winnercertificate and a $200 competition. The four national winners each certificate and a $100 cash award. All cash award, and the honorablemention recipient received a nominated Indian youth.received acertificate of achievement. donated the money for thenational cash The Gould Foundation forChildren and two individuals the donations and provided The Association on AmericanIndian Affairs (MIA) accepted awards. acknowledges the assistance of theGould checks for the winners. The Council very gratefully worthy young people. Foundation and AAIA in this mostexciting effort on behalf of very One could receive as many as45 points for Ranking factors were used inscoring the applications. commitment statement written academic record based on schooltranscripts; 20 points for education ability; and 35 points for youthaccomplishments by the applicant based oncontent and writing school participation, extracurricular based on letters of recommendation, school awards, and/orawards, and specialconsiduration of activitiesandvolunteerwork, special honors national winner follows: employment/family/handicaps. A brief profile of each her class of 293 from Nicole Gaye Stern(Mscalero Apache): Nicole graduated first in She maintained a gradepoint Catalina High Schoolin TUcson,Arizona,in 1988. lettering in 5 sports andparticipating in average of 4.0throughout high school while at Tucson Medical Centerand band and several clubs. She also was a junior volunteer Nicole was a freshman atStanford was named 1988Tucson CitizenStudent-Athlete. University in Californiaduring the 1988-89 school year. senior at Winslow Tim D. Wilcox (Navajo/SanJuan/Potowatomi): Tim was a high school Transcripts through 1117VREO7171 Winslow, Arizona,during the 1988-89 school year. of 3.952 and ranked third the llth grade show thathe maintained a grade point average excellent student, Tim hasbeen active in in a class of 176. In addition to being an dancing, and traditional crafts archeology, sports, student council, traditional making, beadwork, and leatherwork. i) including weaving, pottery 109 4 )ti, APPENDIX E
OUTSTANDING INDIAN/ALASKA NATIVE YOUTH PROGRAM, continued
=11011.0111101100010M01011110011 ilmMIIMPME! 100mWOMMINJWWittElMmowN0001
Nora Jean Dial (Lunkbee): Nova graduated from Forsyth Community College in North T577155--In 1985 witn a grade point average of 3.93 inanelectronicdata proces3ing/business curriculum. Among her accomplishments in high school and activities in the North Calalina Indian community, she has received her hometown's "One Community Award" and was named Miss Indian North Carolina and North Carolina Most Outstanding Indian Student.
Sean Ha den Snell (Cherokee): Sean was a high school senior at Tahlequah High School In Oklahoma dThg the 1938-89 schoolyear. Transcripts through the llth grade show that he maintained a "straight A" average, and he has receivednumerous certificates of excellence. Sean was admitted to Northeastern State University for the fall 1988 semester as a high school concurrent student. He also achieved recognition during two summers while working in 3 leading role in the 19th Century Living Museum of the Cherokee National Historical Society. lhis was the first year that the National Advisory Council on Indian Education presented Youth Awards. The Council was pleased by the response of 92 nominations from 24 states. Along with the four national winners and honorable mention, there were 19 state winners. Some states did not have any nominations, or applications were not complete; therefore, there was not a winner from every state. The ctate winners were:
Alaska ..... Francine ChUlak North Carolina..Shelley Lowery Arizona Leslie Juel Vann North Dakota000 .Albert P. Allick California Kee Bathke Oklahoma Clarissa L. Cook Colorado Delphine Singer Oregon Lynn DeLorme
Florida Rita Gopher Pennsylvania.... Stephen J. Johnson
Idaho Patrick. B. Teton South Dakota0 . Gaylene Pretty Bird Mdchigan Katherine Holappa Utah Anthony C. Peterman Nevada William H. Taylor Washington Anita Abrego New Mexico Sybil Kannon Wyoming Michael Goggles New Yolk Kerry Jimerson
11C J OFFICE OF INDIAN EDUCATION
SHOWCASE OF EFFECTIVE PROJECTS 1989
UNITED STATES DEPARTMENT OF EDUCATION
OFFICE OF ELEMENTARY AND SECONDARY EDUCATION INTRODUCTION
In keeping with the President's declaration and the Secretary's policyto promote excellence in education, the Office of Indian Education is commit- ted to supporting educational excellence in schools serving American Indian and Alaska Native students.
In 1987, the Office of Indian Education Programs (OIE) createda recogni- tion program of effective Title V showcase projects for theirpotential as model projects at the Annual National Indian Educationconference. There are many Indian education projects that are suspected to be working successfully, and those recommended for the showcase projectshave been identified as promising practices havinga strong potential for becoming a model project. Projects were nominated either by the regional Indian Resource Centers or by the Operations Branch Units in the Office of Indian Education. Projects were allowed to self-nominate but theywere required to meet the selection criteria listed below.
In order for projects to be recommended, they must: 1) have measurable objectives, 2) show objective evaluation data, 3) show potentialto prove effectiveness, 4) have cross-culturalor cross-tribal relevance, 5) show potential for replication, 6) show high degree of parentalcommunity involvement, 7) show potential for Program EffectivenessPanel submission; and 8) show evidence of commitment to prove effectiveness of project.
The following are abstracts on nine projects selected forthe 1989 Showcase projects. They are all at different stages of developmentas effective projects. For more information, you may contact the Office of Indian Education at 202-732-1887, or the Indian EducationResource and Evaluation Center in your regional servicearea. A list of the Centers is provided at the end of the abstracts.
4/' AttA/4.1,_)41/4a Aaron N. Shedd Acting Director Office of Indian Education TABLE OF CONTENTS
Page
Introduction 1
Center I Region 2 Bay City Public Schools 2 South Bend Public Schools 4
Center II Region 6 Red Lake 6
Center III Region 8 Juneau 8 Quileute 10
Center IV Region 12 National Indian Youth Center 12 Denver Indian Center 14
Center V Region 16 Moore Public Schools 16 Coweta Public Schools , 18
Resource and Evaluation Centers 20 CENTER I REGICN
INDIAN EDUCATION ACT FORMULA GRANT PROJECT Bay City Public Schools Fremont School, 1001 Marsac Street Bay City, Michigan48708
Carole Spyhalski, Project Coordinator (517) 894-0411
PROJECT DESCRIPTION
The Bay City Public Schools Indian Educationproject serves approximately 290 Indian students, almost all of whomare members of Federally recognized tribes. The project has two full-time professionalstaff and one half-time office assistant. The project provides student services in: attendance assistance, academic assistance,cultural awareness, and career education.
WHAT WORKS EFFECTIVELY
The project utilizesa comprehensive and systematic approach in its analysis of student needs. This approach allows the staff to collect highly detailed student-outcome-basedevaluation data. A detailed sequence of interventions are made to assist students withproblems in chronic absenteeism, i.e., studentswho have mdssed more than 20 half-days of school during one marking period.Another series of activitiesserve students who are not attaining at leasta "C" grade in a subject course, or who perform at or below the 50th percentileon standardized achievement tests. In both components, project staff involveparents and teachers of students in communicating their needsand problems as well as identifying appropriate solutions.There is direct student involvement in identi- fying individual goals throughuse of a goal attainment survey. These goals are formalized ina learning contract between the student and either project staff or studentpeer tutors. Activities in eadh area are inte- grated across components.
HOW IT WORKS
Project staff meet with the parents andteachers to develop an attendance portfolio for each student identifiedas having attendance problems. The individualized plan takes intoaccount referrals to other agencies that deal with special behavioral and disciplineproblems. The student is assisted in identifying individualgoals as student and staff jointly develop an intervention plan basedon a learning contract. An academic skills assessment is made in orderto properly plan for personal growth and skill development of the student.This is accomplished througha series of intervention strategies, suchas use of exercises that demon- strate the importance of reading skills in one's choicefor a personal career. Other strategies might address development of: (a) organiza- tional skills which will be useful in completingclassroom assignments, (b) life-coping skills, (c) good study habits and (d) goodhygiene/habitc. Academic, cultural and career educational activities areintegrated into each student's pdan.
Individualized instructional learning packets consisting ofactivities which can be completed independently or duringtutorial sessions are prepared for students in need of academic assistance. For example, in language arts, activities consist of (a) speed reading,(b) reading comprehension, (c) spelling exercises, and (d) writingexercises. In math, activities consist of (a) word problems, (b)exercises in fractions or basic concepts in algebra, (c)worksheets that complete a series of progressively complex math skills, (d) number line diagrams, (e)deduc- tive reasoning exercises, and (f) exercises that demonstrate othermath concepts such as perimeter, volume and area. Since students will often need assistance in several basic skills area, the lesson planswill incorporate a set of interrelatedactivities. The plan estabaishes mastery objectives for each student so that mastery levelis measured and documented. Enrichment activities to promote positive self-concept and discipline are also integrated into the plan as part of anexperiential and leadership training effort.
WHY IT WORKS
Individual student needs are matched with individualized strategies for meeting those needs. As a result, there is a high degree of satisfaction and cooperation among students and parents.
HOW THE PROJECT PROVES ITS EFFECTrVENESS
The project maintains a broad array of individualstudent data, including standardized achievement test scores, course and subject letter grades, attendance and absenteeism rates, etc.The impact of the Bay City Indian Education project is best realized when one looks at the reductionin their drop-out rate over the past decade. In the 1980-81 school year, only 44% of the Indian seniors completed their education. Over 76 percent of the seniors graduated in 1984-85; 82% graduated by1986-87.
WHAT MAKES THE PROJECT UNIQUE
The project uses a comprehensive and systematic approachin its evaluation of individual student needs which reEults in acollection of highly detailed student-outcome-based evaluation data used for measuringproject impact. CENTER I REGION
TUTORING AND CULTURAL ENRICHMENT PROGRAM South Bend Community School Corporation 635 South Main Street cr, South Bend, Indiana 46601
Edward A. Myers, Office of Pupil Personnel (219) 282-4141
PROJECT DESCRIPTION
This project, funded under an Indian Educationformula grant, serves approximately 98 Indian students, mostly membersof the Potawatomi Indian Nation. The program is designed to assist Indianstudents by: (a) reinforcing lessons taught in theirclassrooms, (b) remediating areas of failure or weakness, (c) enhancing self-esteemand study habits, and (d) building an understanding of their culturalheritage.
WHAT WORKS EFFECTIVELY
The volunteer tutoring component ismost successful in its cost- effectiveness and personal developmental benefitsreceived by students. The tutoring component of the project utilizesvolunteer tutors from a local college, formerly from NotreDame University and currently, from St. Mary's College. This allows the project to spendmore of its funds on cultural instructional activities and student "scholarships"which provide access to specialprograms in the school district.
HOW IT WORKS
Indian students, who score below grade-levelachievement standards on the Indiana Statewide Test for EducationProgress (ISTEP), meet weekly with education majors at St. Mary's College. These individuals are committed to providing individualized assistance in tutoring,fostering good study habits, and promoting educationalsuccess among Indian students. Since many of the Indian students come from families of whommany have never been on a college campus, the tutors serveas primary education role-models for students. Parents are encouraged to provide positive incentivesfor their children and are required to bringthe students to St. Mary's each week. The one-on-one tutoring is focusedon basic skills and aimed at specific course content area in whicha student may be weak. An Indian student in need of assistance in history, Englishliterature, or economics is matched with an education majoror minor in the respective course of study. Each tutor takes a mentoring interest in hisor her student and provides constructive extra-curricular experiencesfor the student, such as visiting the museums or attendinga sports event with the student. Tutors serve as motivators as they provide guidance to students in their develop, ment of self-confidence and higher aspirationsfor themselves, such as going to college. WHY IT MRKS
At the beginning of the school year, tutors aregiven an intensive orientation by the St. Mary's faculty. The orientation involves training in (a) tutoring techniques, (b) strategies forstaying on task, and (c) general concepts of child psychology. At the same time, tutors are familiarized with Indiar education issues by the Indianeducation parent committee and school district personnel associated with the program. The parents of tutored students are also present atthe orientation and asked to provide encouragement and positive homestudy environments. Parents often offer information regarding student's interest,temperament, habits, etc., which can be useful to the tuturs whendealing with students. Parent involvement is a strong element of the program.
Each Indian student provides his or her tutor with anindividualized needs assessment completed by the classroom teacher. The assessment lists areas to be reinforced during the tutorialsession. Students bring homework assignments to their tutorial sessions. The project provides resources such as school supplies, suggested Indian-related booksand other materia]s for their students. The tutor is also provided information with regard to the student's problem areas in meeting the ISTEPobjectives. Thus, the tutoring is designed to meet specific individualized student needs.
Additionally, the project offers a practicum opportunity for tutors as an incentive to participate in the program by fulfilling fieldservice hours required for teacher certification at St. Mary's College.
HOW THE PROJECT PROVES ITS EFFECTIVENESS
The project's effectiveness id determined by theperformance of Indian students on the ISTEP. Students who do not pass the ISTEP for their respective grade are required to attend summer school. As a result of the project, there have not been any Indian students who have had toattend summe- school. The project is additionally cost-effective,since it receives approximately 1000 hours of volunteer services from college students.
WHAT MANES THE PROJECT UNIQUE
The project makes special arrangements for recruitingstudent volunteers or tutors from the educationdepartment at a university and mandates parent attendance at the tutoring sessions. CENTER II REGION
RED LAKE INDIgN EDUCATICN PROGRAM 03 Red Lake Independent School District No. 38 Red Lake, Mannesota56671
Delores Cloud, Indian Education Director Darlene Johnson, Instructor, Co-presentor Phone #218-679-3873
PROJECT DESCRIPTION
The project serves students in grades K-12on the Red Lake Indian Reservation. The students are almost exclusively members of the Red Lake Band of Chippewa Indians. The project provides culturally relevant instruction in: Ojibwe language, Ojibwe arts and crafts, Ojibwe tribal history and government, and ethnography and history of other American Indian tribes. In addition, the program recognizes student supports activities that increase student self-esteem and help in reducing drug and alcohol usage.
WHAT WORKS MOST EFFECTIVELY
The program has collected objective quantitative data to show evidence that all components of the project are effective. The Ojibwe language component consisting of teaching both oral and written aspects of the language, is effective across all grades but has shown the greatest impact in the lower grades. The project has also been effective in providing students with hands-on experience in arts and crafts, giving the students tangible links with their cultural heritage.
WHY IT WORKS
The project operates under an effective Parent Committee,ensures culturally relevant curriculum and activities, and careful attention is given to researdh design and objective assessment.The Parent Committee is involved in the initial assessment of needs and throughout the final project evaluation insuring that the project stays focusedon the needs of the community. Students are attracted to a curriculum which seeks to preserve their language, convey the crafts of their ancestors, and teach the history of their reservation. The project maintains close consulta- tion with a team of independent evaluators whoare trained in tools a research design and statistical analysis to insure the scientific integrity in the evalua'ion results of the project. The information provided by the evaluators serves as feedback for ongoing project modifi- cation. A large portion of the success of the project is due to the commitment of staff, their knowledge about theprogram, and their active membership in the community.
AJ. HOW IT WORKS
A needs assessment is administered to parents, school personnel, students, and others in the community prior to the development of each year's program. The evaluators provide a statistical =unary of the needs assessment from which the Parent Committee formulates the project goals. The Parent Committee and staff translate the goals into activities and curriculum. The evaluators develop a design for determining effectiveness of the different project components. Different aspects of the curri.culum are taught at various grade levels in the schools with all students having the opportunity tu participate in the project. Most of the curriculum is delivered in a traditional classroum setting for periods of time ranging from several weeks to an entire school year. Support activities for students in the high school take place throughout the school year. These activities include publishing a newspaper, organizing an Indian Club, providing speakers who serve as positive role models for Indian youth, and assisting students with questions and problems related to drugs and alcohol. Finally, the project is evaluated and its results are used by the staff and Parent Committee to develop new objectives for the coming year.
HOW THE PROJECT HAS PROVEN ITS EFFECTIVENESS
The evaluators work with staff to insure that project objectives are stated in measurable terms. Specific outcome ueasures are developed for each objective. Using standard test construction methodology, the evaluators develop various tests in conjunction with classroom teachers for a given subject. The program has developed a large number of ins+-:uments measuring the knowledge gained in Ojibwe language and arts and drafts. Oral and written tests are used in the more highly developed language component. The evaluation employs a pre-post design, and, in the past, has included no-treatment control groups to evaluate rival hypotheses about the locus of observed dhanges. Data analyses include descriptive statistics, inferential statistics for evaluating the significance of pre-1;3st changes, and measures of effects. After 10 years of testing, the project has collected sufficient evidence to claim effectiveness of the program. For example, in the Ojibwe language component, of the 71 comparisons made during this period (N=1475), 59 showed significant positive changes from pretesting to posttesting at the p=<.05 level. Eta squared values ranging from .42 to .86 indicate these to be very strong effects. Other components of the project showed similar but less dramatic results.
WHAT MAKES THE PROJECT UNIQUE
The close collaboration between the staff, with their expertise in a culturally based curriculum, the Parent Committee, with their sensitivity to the needs of the community, and the evaluators, with their research skills, make the project unique. The abdlity of these three groups to provide one another with valuable information has allowed the project to self-correct and mature. The evaluation is seen by the three groups, not simply as a requirement of the funding process, but, as a vehicle to enhance the delivery of services to the youth on Red Lake Reservation. 0 4 4; CENTER III REGION
JUNEAU INDIAN STUDIES PROGRAM Juneau City and Borough School District 10014 Crazy Horse Drive Juneau, Alaska99801
Ronalda Cadiente, Workshop Presentor Crietina Hill, Project Director (907) 586-2303 (907) 463-5105
PROJECT DESCRIPTION
The Juneau Indian Studies Program (JISP), operated by the Juneau City and Borough School District, Juneau, Alaska, is a formula grant which provides cultural awareness curriculum units for elementary and secondary students for purposes of improving self identity and self-image.
The proFram focuses on the integration of an Alaskan Native cultural awareness unit into the Social Studies curriculum and on district teacher training for appropriate delivery of the approved curriculum units.The program's goal is attained through activities Lhat include: classroom instruction based on the district-wide Indian Studies Curriculum Guides from grades K-5 and 9-12; teacher evaluation of cultural presentations; teacher inservice training on cultural curriculum for institutionalized quality delivery; and evaluation of teacher inservice training.
WHAT WORKS MOST EFFECTIVELY
Curriculum guides for elementary and secondary social studies education were developed and pilot-tested. A "Comprehensive Social Studies" framework was adopted in May, 1989. A Native culture inservice plan was developed and integrated in a staff development model for multicultural teacher education for all district teachers. This institutionalized approach to the Native cultural awareness education has created pride in the Native culture among the Native community, in general, and is projected to increase the self-esteem level of students. This has also increased student attendance at the cultural classes.
WHY IT WORKS
The institutionalized approach to culture awareness instruction works because it resulted from guided, not imposed, dialogue among representatives of the two cultures, looking at similarities and differences as valuable, not as dominative tools. Once alienation was overcome, the students felt motivated to share the cultural richness
1,; Page 2 offered them, leading to full participation by choice and curriculum institutionalization by consensus. The mutual acceptance of both communities' cultural heritage ultimately earned acceptance of the Native cultural curriculum into the general school district curriculum, under the "K-12 Comprehensive Social Studies Curriculum".
HOW IT WORKS
The Native Alaskan cultural curriculum units were developed and pilot-tested in a critical and cooperative format that involved the Scope and Sequence Indian Education Curriculum Committee (SSIECC) to facilitate mutual acceptance and district-wide curriculum institutionalization.
Direct classroom instruction based on pilot-tested curriculum guides infuses seriousness of purpose, prevents improvisation and/or transmission of personal bias and makes Native culture appear to students as a "teachable" subject. Inservice training provides teachers with a familiarity of the curriculum and generates teacher confidence necessary to professionally convey multicultural information. This procedure diminishes the resistance that might arise from the imposition of a new district-wide comprehensive curriculum. The rediscovery and official instruction of Native values has consistently effected inter-cultural dialogue and is suspected to promote substantial growth in Native self-esteem.
HOW THE PROJECT HAS OR WILL PROVE ITS EFFECTIVENESS
Comparisons between planned outcomes and actual outcomes are established by qualitative descriptive methods that include surveys, teacher and parent observations/reports and records review. The Program has consistently met and exceeed stated expectations. The activity has shown a marked interest in Native Alaskan culture by Nati,..e and non-Native students, and a high sensitivity among districts' teachers to the Native heritage. There is also an eagerness by all education parties to make the curriculum work as evidenced by the high participation of the students in the cultural classes.
WHAT IMES THE PROJECT UNITE
The Program activities have attained, through Native curriculum development and broad Scope and Sequence Committee critique, an increased student participation in Native culture classes, high levels of self-esteem, curricular institutionalization, community dialogue and capacity of the Social Studies teacher to professionally teach a Native curriculum. The high mark of program uniqueness is the official acceptance of the curriculum into the dilitrict's "comprehensive K-12 comprehensive Social Studies Curriculum". The curriculum has been requested and applied by various school districts throughout Alaska. CENTER III REGION
QUILEUTE INDIAN EDUCATION PROGRAM Quiieute Tribal School P.O. Box 39 LaPush, WA. 98350
Terri Tavenner, Project Director (206) 374-6163 ext. 305
PROJECT DESCRIPTION
The project provides tutoring, cultural awareness and couiseling services to students at the Quileute Tribal School in LaPush, Washington, for purposes of bolstering self-concept and increasing knowledge of the Quileute language and culture within the tribal community generated curriculum.
The project emphasizes Quileute specific language and culture curriculum development, cultural alternatives and development of a cultural foundation to help reduce drug and alcohol use among the students. Tutoring in reading and math is also emphasized by the project.
WHAT WORKS MOST EFFECTIVELY
Several factors have been observed as working effectively. These are: community involvement and consensus-seeking in the design and implementation of the project, and communiLy feedback and input into activities. The most effective factor lies within the integration of activities into one community-based undertaking, which maximizes participation and minimizies bureaucratic compartmentalization.
WHY IT WORKS
The project works because all available resources are gathered and focused into attaining one clear result: producing greater benefits for all the parties involved. The community's continued involvement, from design to institutionalization and operation of the curriculum, generates positive feelings about the school and community. The family functions as an educational facilitator perceived in a co-educational mode. The student is attracted to the culturally-based curriculum, learns in the traditional setting, i.e., within and with the community, and receives reinforcement through traditional counseling and tutoring.
HOW IT WORKS
Administratively, the project director coordinates the whole operation, ensuring comprehensiveness of project and obtaining full involvement of the parties. Page 2
Enrichment activities consist of either actualpromotion of tribal cultural activities sponsored by the schoolor establishing an archive of learning materials as resources for curriculumdevelopment. The experiential method, which promotes learning by doingin the natural community, is used in culrural instruction with selected community specialistsin hunting, fishing,canoe carving, weaving and storytelling servingas instructors. The tribal language is taught in a daily class by paraprofessionalElders. Multi-lingual software deve]oped under the project to reinforce oralinstruction is used by students following "experiential" learning sessions.
Counseling activities incorporate cultural activitieswhich involve the family in group teaching of traditionalvalues, principles and practices. The project takes into consideration thecommunity environment afflicted by alcoholism and drug abuse, anduses traditional "naturalistic" counseling in efforts to reinforce the value of survivaland identity preservation. This will result in a positive change in theeducational outlook and motivation among the students.
HOW THE PROJECT HAS OR WILL PROVE ITS EFFECTIVENESS
Although no experimental or quasi-experimentaldesign is called for by the project, program outcomes have been measured byqualitative instruments over time. Achievement tests and self-concept inventorieshave been developed and used in measuring effectiveness.
The project has been able toprove efficiency and effectLveness and have consistently exceeded the stated expectations. These results appear to show an impact on self-concept, school-communityconsenus, juvenile chemical abuse, dropout rates, drug and alcoholrelated deaths, and growing multigenerational culturalresurgence. Consistent improvement in behavior toward self and school, in basic academicperformance, growth in community participation in ownership mode, and timelyproduct delivery of completed archival and curricular materials, allexpress a high degree of project effectiveness and efficiency.
WHAT MAUS 7HE PROJECT unga
The project provides a comprehensive serviceto a tribal school founded upon the self-determination priueiple of educational sovereignty.
Methodologically, the project melds tradition andtechnology in a way that restores traditional learning habits. The elders and youngsters are involved together in the learningprocess. MITER IV RIMICN
NATICNAL INDIAN *MUM LEADERSHIPman= 101 South Clark St. Gallup, UM 877301
MCCIellan Hall, Project Edrector 505,863-9521
PROJECT DESCRIPTION
National Indian Youth Project (NIYLP) isdesigned to provide a sequenced, social developmental experience for 7-9th gradeIndian youth which will assist them in developing dkills in prbblemsolving, decision making, cooperation and other critical areas thatenhance self-esteem and confi- dence while promoting independence andmaturity. A, key feature of the program is the National YouthLeadership Camp.
WHAT WORKS MOST EFFECTIVELY
Outdoor adventure-based activitiesprovide a critical element to the project. Activities focus on development of copingskills, leadership services, and incorporation of traditionalIndian values into the life styles of today's youth.
WE1Y IT WORKS
Traditional cultural values are reinforcedthroughout the activities. Ybuth gain both personal and socialexperiences that are fun, challenging, and provide a sense of empowerment intheir developmental process.
UM IT VCIRKS
The program begins with theNational Indian Leaderdhip Camp.Young people are removed from theirfamily surroundings and placed in a camp 4g environment where they are expected to help createtheir ownyouL.1 community. Radios, tape players, television and junkfood are not allowed at camp in order to udnimizedistractions during the 8-10 day program.
Students qo through a highly structured sequenceof events, beginning wdth an "immersion" pbasa wherestudents are ndxed together with youthfram other ccamunities to form clan groups. These groups eat and work together solving prOblkAos during a 10 day period. Opportunities for skill develop, uent are created for prdblemsolving, communications, groupdecision making and cooperation through high adventurechallenges.
Students are challenged with avariety of physical and intellectual demands, and are taught to apply thedkills when dealing with their home problems. Each group designs a project thatrequires each individual to implement it the Lollowing year. Adult mentors who have been through trairdng provide guidance in the homecommunities. Hag THE PROJECT HAS OR WILL PROVE ITSEFFECTIVENESS
The project has evolved undera variety of settings among numerous tribes over the past seven years.The American Indian Education Policy Centerat Penn State University evaluated the pioneer phase conductedduring the period of 1983-1987. An adapted model of the project bao been testedover the past three years at the Hannahville IndianSchool in Northern Midhi- gan, Passamagooddy Tribe in Maine, Cherokee Nation HealthDepartment in Oklahoma, libunded Knee District Scholia in South Dakota,and the Lower Mskokwin School District in Alaska. Results of the 1988-89program are currently under evaluation.
MAT MAKES THE PRCUECT UNIQUE
National Indian Youth Leadership Project (NUYLP) isa baend of adven- ture-based education, experiential education, traditionalIndian values, and approaches based on the "habilitation"model and a "cascading role-gnodeling" staffing pettern. These ncdels have been testedover the last seven years using funls from snail foundationgrants and grassroots fund-raising activities.
MEASURE USED
The instrument used for the 1983-87 periodwas Janis-Field Self-Esteem Inventory. The current project will alsouse the Janis-Field test but will supplement that data withan on-site evaluation of the camp program consisting of interviews with staff and studentsto provide cpalitative data. A follow-up evaluation of students is conducted withparental consent and school cooperation. Eadh participant's grades, attendance and involvement in the sdhool and communityare monitored closely. MIER IV RESICti
CIRCLE OF LEARIOIV 1-. Denver Indian Center, Inc. Cfs 4407 Mbrrison Road Eenver, Colorado 80219
Lisa Harjo, Project Director Lisa Stoneboy - Presentor (303) 936-2688
PROJECT DESCRIPTION:
The Circle of Learning is aChildren and family services programthat focuses efforts cn nurturing theIndian child, parents and family. Client services include early childhoodeducation classes for children ages 21/2 education to 5 years cld, in-homeinstructicn fcc children 0-5 and parent classes. The Circle of Learning is housedin an intertribal urban American Indian Community Centerthat also offers parents ancppcctunity seniors fcc employment training andassistance, adult basic education, a program, a youth prcgramand a sccial services program.The project was developed in respcnse to theexpressed need of the Denver Indiancommunity fcc an cpportunity to participate morefully in the larger society and still retain their roots and culturalheritage.
WHAT WORKS MOST EFTECTIVELY:
The practices of empoweringchildren and fandlies through astructured educaticoal prccess, and the buildingof a positive self-concept are strong aspects of the 1-rogram.
MY IT WORKS: and Three ccapcnent services, pceschoolclasses, in-house instruction, each meet an parent educaticn areindependently successful in that they isolated need of parents andchildren. In order to promoteindependence and self-motivated learning inchildren and parents, the three components were forged into a process=del. These complimentary serviceswork tcgether to support the developmentof an early foundation andenhancement of a positive parent and childpartnership.
BCW IT %WKS:
The Circle of Learning operates twoclassrooms for early childhood education on a year round basis. The program has developedits own "the Circle American Indian culturally basedcurriculum for presChool, with eaCh unit and activity Never Ends." This curriculum is thematic of study. built around an Indian legendillustrating the particular unit The classrooms operate on afull and half day andemOhasize age appropri- in a culturally ate learning skills. Cialture knowledge is presented sends a appropriate setting. The Biome Base Instruction program
.1 teadher into the clients' homes to provide educationalservices as needed for both parent and Children under 5years old. The majority of services are modeling lessons for parent/child interaction focusedon age-appropri- ate basic Skills placed in a cultural context. The Home Base Instructor uses the Circle Never Ends Qirriculum. Parents are additionally in- structed in health, safety, nutrition, child growth,discipline and on other topics as requested.
The parent education component offersa wide array of activities to help parents gain skills and knowledge, build literacy skills,reduce personal isolation, and increase positive self concept andempowerment. Services range from parent support groups, sewing, cooking and other skill related classes to paraprofessional employment, training, literacy andparenting classes.
HCM1 THE PROJECT HAS OR WILL PROVE IT EFFECTIVENESS:
The goal of the Circle of Learning Program is to build and enhance individual and group capacity of parents and Children withinthe American Indian community by actively participating in the educationalprocess of their Children. In a nine month period (Septemben,June) of parent participation in school related functions, studentsat the preschool have gained within a range of 12-24 months of developmental learningdkills. Attendance in the Iparent education classes has increased and familiesare Observed to be taking a more positive role. More parents are also attending more group meetings.
MEASURE USED:
Students at the presChool and home-base program are pre-and-post tested annually using the Santa Clara Inventory of Developmental Tasks. These test results are collaborated once each year witha single application of the Denver Developmental Skills Test.Significant growth beyond normal expectations has been noted yearly for more than fiveyears. In addition, child observation records are kept monthly along with daily attendance, and a Skills Checklist designed in conjunction with the curriculum.
Statistics are kept on the frequency of parent participation and number of parents completing parent training. This year, a follow-up study will begin on students entering public sdhool.
WHAT MAKES THE PROJECT UNIQUE:
The project is based on the idea of nurturing partnerdhips between parents and children in education, with a focus on the whole child in hisor her cultural home/sChool environment. CENTER V REGION
MOORE INDIAN EDUCATION CENTER Moore Public School District 2009 North Janeway Moore, Oklahoma 73160
Pat Ross, Director of Indian Education (405) 794-1874
DESCRIPTION OF PROJECT
The Moore Public School District'sIndian education formula grant program serves 2,432 Indian students in gradesK-12. These students come from 44 different tribes and are enrolled in thedistrict's 15 elementary schools, four junior high schools, two high schools, and aspecial learning center.
The project consists of: (1) tutorial services in reading andmathematics; (2) supplemental counseling services;(3) activities to increase awareness and appreciation tor Indian culture; (4)dissemination of information on scholarships, grants, and financial aid, and(5) dissemination of information on increased opportunities tor careerand vocational training.
WHAT WORKS MOST EFFECTIVELY
The success of the program is attributedto the quality and experience of the staff, In addition to their dedication andcommitment to the project.
Student outcome objectives have been metconsistently as shown by statistics kept on the program for the past 16 years. Results show that each objective has exceeded the target objective.
WHY IT WORKS
The Moore Public Schools IndianEducation Program has worked well onbasis of The four factors: communication, culture, counseling, andcurriculum. activities are designed to be sensitiveto the needs of Indian studentsand encourage students to developpositive feelings and attitudes about themselves and others.
Cooperation is another factor attributed tothe project's success. An excellent cooperation existsbetween the Moore Public Schools' Hoardof Education, superintendent, administrators,principals, teachers and between the Indian classified personnel. Ctoperation has been also excellent Education Parent Committee and theschool district personnel. HOW IT WORKS
A developmental counseling and drug prevention K-12program is provided tor the Indian students. All 15 elementary and 6secondary scnools are served by certified counselors. Counseling and drug preventionactivities are delivered through individual and small group guidance. Each home school conducts a yearly needs assessment, and the resultsare used to determine the needs tor the program tor that school. A guidance committeecomposed of the Indian counselor, students, parents, teachers, and administratorsis responsible tor planningand implementing theprogram.
Eight paraprofessionaltutors travel twicea week to 15 elementary schools work with students to in the basic academic areas ofreading and mathematics under the direction ot a prescriptive teacher. The teacher pre and post tests each student, writes a prescription, and monitors thetutoring program. The tutors also work cooperatively with the counselorsto provide a cultural arts program. The students are pre-tested,taught a curriculum,required to produce arts and/or crafts,and are post-tested. The tutors and counselors meet once a month at regularly scheduled meetings to coordinatethe program. Career education is providedtor secondary students.
Additionally, the program sponsors cultural resource speechesto address the students and address cultural differences and Indian heritagein a positive manner. The objective ot thisaspect of the project is to enhanceself- identity among students, and ultimately to improve theirself-esteem.
HCW THE PROJECT HAS ORWILL PROVE ITS EFFECTIVENESS
Objectives tor the components are evaluated at the end of theproject. Pre and post tests used to measure the degree to which objectiveswere met revealed that the reading objective was met with 786 of the studentssurpass- ing the stated objective. The math objective was met with80% of the students surpassing the statedobjective.
WHAT MAKES THE PROJECT UNIQUE
The program began 16 years ago in the closet ot a World War IIbarracks. Today, the MOORE INDIAN EDUCATION CENTER has become a focal pointtor all activities. The staff has access toa large media center which containsa variety ot materials to helpthe Indian education statt provideunique services to students. Some materials developed by the staffinclude: Indian Education Brochure, Elementary andSecondary Guidance Handbooks, Artsand Crafts CUrriculum Handbook,Tutoring Manual, The Community andYou (drug prevention brochure), Drug AbusePrevention tor Parents, CommunicationGrams, and Bibliographies for theabove areas. CENTER V REGION
COWETA PUBLIC SCHOOLS INDIAN EDUCATION PROJECT o School District No. 1-17 732 Trower Street - P.O. Box 550 Coweta, Oklahoma 74429
Clair McKean, Director (918) 486-6506 Ken Childers, Coordinator (918) 486-3115
DESCRIFTION OF PROJECT
The Coweta Public Schools Indian Education Project providesthree types of services to Indian students: tutoring, cultural awareness and parental support services. The goals of the project are to help promote a positive self-concept among 789 Indian students and to raise Indian studentachieve- ment levels in the Coweta schools.While most ot the Indian students are from the Creek and Cherokee tribes, tne project servesstudents from approximately 14 tribes. TUtoring is offered to students in grades K-12 with an emphasis on grades K-8. Cultural awareness is provided tor all Indian students through speakers, field trips, and special projects.
%NAT WORKS MOST FEFECTIVELY
The Tutoring component is the catalyst that pulls all theefforts together by personally reaching out to all Indian students throughthe school district.
HOW IT WORKS
The Coweta Public Schools is able to provide the followingtypes of assistance necessary for effective learning and teaching ofIndian students within the regular school setting:
Academic- A tutorial program usingadult tutors is provided tor students. Teaching assistants are used to tutor Indian students in basic subjects in grades K-9, and as funds permit, certified teachers are used to tutor students at the high school level.
Cultural -The cultural program is focused around an IndianHeritage Center. Demonstrations, lectures, films, books, and displays of Indian artifacts are provided to students to enhance their cultural identity, raisetheir self-esteem, development of cultural appreciation, and understandingof Indian values. Economic - A parental support program is designed to aideconomically distressed Indian students with school supplesand other related school materials to students whocaniot afford them. These support services eliminate feelingsot inadequacy and embarrassment, allowing many Indian studentswho could not otherwise attord to participate inschool activities.
WHY IT WORKS
This project is successful tor twomain reasons: (1) there is a strong work- ing relationship between the parent committee,adminisation, statt and community which creates positive expectationsand offer., encouragement; and (2) there is consistencyamong paraprofessionals and the teaching stattin meeting individual needs of students. Emphasis is placed on buildinga student-teacher relationship that tosters trustand expectations. The statt and tutors serve as role models andare accessible to all Indian students at all times.
HU4 THE PROJECT HAS OR WILL PROVE ITSEFFECTIVENESS
NCE gains ot greater than zeroon the Metropolitan Achievement Test-6 were tound to be consistent with the students'involvement in the project. Teachers, parents and statt observedincreased self-esteem as work assign- ments were completed. Follow up ot student accomplishments,Spart ot the long range plan, provides evidence oteftectiveness ot the project.
WHAT MAKES THE PROJECT UNIQUE
This project has exhibiteda strong spirit ot cooperation, trust, and dedica- tion toward an objective that builds on the futurewhile maintaining sight of the past. The students appear to be accomplishingmore since the present school administration united ettorts with theIndian community on the project. Title V
Resource and Evaluation Center Directory
Center Phone Region States Served
Director: Gwen Shunatona (202) 628-4444 Eastern AL, CT, DC, Indian Education Resource Toll Free Number: DE, FL, GA, Center I 1-800-621-2998 IL, IN, KY ORBIS - Suite 200 MA, MD, ME, 1411 K Street N.W. MI, MS, NC, Washington, D.C. 20005 NH, NJ, NY, PA, RI, SC, TN, VT, %V
Director: PYll Baird (701) 258-0437 N. Plains IA, MN, MT, Indian Edu,ation Resource Toll Free Numbers: ND, NE, SD, Center T1 (In State) WY United Tribes 1-800-932-8997 Technical College (Out of State) 3315 University Dr. 1-800-437-8054 Bismarck, ND 58504
Director: Raymond Reyes (509) 328-4220 Northwest AK, ID, OR, Indian Education Resource Extension 2813 WA Center III Toll Free Numbers: School of Education 1-800-533-2554 Gonzaga University 1-800-648-5847 302 East Sharp Spokane, WA 99258-0001
Director: Shirley Hendricks(602) 967-9428 Southwest AZ, CA, CO, Indian Education Resource Toll Free Numhers: HI, NM, NV, Center IV (In State) UT NITRC-Suite 216 1-800-352-6498 2121 S. Mill Avenue (Out of State) Tempe, AZ 85282 1-800-528-6425
Director: Mary Ann Brittan (405) 364-0656 S. Plains AR, KS, LA, Indian Education Resource Toll Free Numbers: MO, OK, TX Center V (In State) AIRD, Inc. Suite 200 1-800-422-0966 2424 Springer Drive (Out of State) Norman, OK 73069 1-800-451-2191 PUBLIC LAW 100-297APR. 28, 1988 102 STAT. 863
TITLE V-INDIAN EDUCATION
PART ABUREAU AND CONTRACT SCHOOLS Indian Education Amendment. of SEC. 5101. siiowr TITLE. 1908. This part may be cited as the "Indian Education Amendments of25 WC 2801 note. 1988". SEC. 6102, PROHIBITION ON TRANSFERS OF BUREAU AND CONTRACT SCHOOLS. Section 1121 of the Educatior. Amendments of 1978 (25 U.S.C. 2001) is amended (1) by adding at the end of subsection (g) the following new paragraph: "(5) The Secretary may terminate, contract, transfer to any other authority, or consolidate or substantially curtail the operation or facilities of "(A) any Bureau funded school that is operated on or after April 1, 1987, or "(B) any program of such a school that is operated on or after April 1, 1987, only if the tribal governing body Lpproves such action.", ; . I4 133 102 STAT. 364 PUBLIC LAW 100-297--APR. 28, 1988 PUBLIC LAW 100-297APR. 28, 1988 102 STAT. 365
(2) by striking "Such standards and procedures shall require "(iii) If the health and safety officer conducting an inspection of a that whenever" in subsection (gX3) and inserting in lieu thereof plant required under clause 1idetermines that conditions at the "Whenever", plant do not constitute an immediate hazard to health and safety, (3) by inserting "transfer to any other anthority," after any consolidation or curtailment that was made by reason of condi- "cloee," and after "closure," each place either term appears in tions at the plant shall immediately cease and any school closed by paragraphs (3) and (4) of subsection (g), and reason of conditions at the plant shall be reopened immediately. ') by adding at the end thereof the following new subsection: "(3) If Reports. "(j) l'u. :narposes of this section, the term 'tribal governing body' "(A) a Bureau school is temporarily cloeed or consolidated, or means, with respect to any school, the tribal governing body, or the programs of a Bureau echool are subetantially curtailed, by tribal governing bodies, that represent at least 90 percent of the reason of plant conditions that constitute an immediate hazard students served such school.". to health and safety, and by "(B) the Secretary estimates that the closure, consolidation, or SEC, 5103. REPORT ON TEMPORARY ACTIONS TAKEN FOR A YEAR, curtai:ment will be more than 1 year in duration, Section 1125 of the Education Amendments of 1918 (25 U.S.C. the Secretary shall submit to the Congress, by no later than the date 2005) is amended that is 6 months after the date on which the closure, consolidation, (1) by redesignating subsection (d) as subsection (e), or curtailment is initiated, a report which sets forth the reasons for (2) by inserting after subsection (c) the following new subsec- such temporary actions and the actions the Secretary is taking to tion: eliminate the conditions that constitute the hazard.". Public health "WU/ A Bureau school may be closed or consolidated, and the SEC. 5101. ELICIIIIIITY AM1 EXPANSION OF HUREAU FUNDED SCHOOLS. and safety. programs of a Bureau school may be substantially curtailed, by Section 1121 of the Education Amendments of 1978 (25 U.S.C. reason of plant conditions that constitute an immediate hazard to 2001) is amended health and safety only if a health and safety officer of the Bureau (1) by striking out "Indian controlled contract schools (herein- determines that such conditions exist at the Bureau school. after referred to as 'contract schools')" in subeection (a) and "(21(A) In making determinations described in paragraph (1) inserting in lieu thereof "contract schools", and before July 1, 1989, health and safety officers of the Bureau shall (2) by adding at the end thereof the following new subsection: use the health and safety guidelines oftheBureau that were in "(kW i SA) The Secretary shall only consider the factors described effect on January 1, 1988. in subparagraphs (B) and (C) in reviewing Regulatwas. "(B) Upon the enactment of the Indian Education Amendments of "( if applications from any tribe for the awarding of a contract 1988, the Secretary shall conduct a review of the guidelines used by or grant for a school that has not previously received funds from the Bureau in determining whether plant conditions at a Bureau the Bureau, Federal school constitute an inimediate hazard to health and safety. By no "(ii) applications from any tribe or Bureau school board for later than June 30, 1989, the Secretary shall publish in the Federal "II) a school which has not previously been operated or =rtion. Register the final form of regulations which shall be used by health funded by the Bureau, or and safety officers of the Bureau in making such determinations. "ill) the expansion of any program currently funded by "(CXi) If the Bureau which would increase the amount of funds "(I) the Secretary fails to publish in the Federal Register in received by the Indian tribe or school board under section final form the regulations required under subparagraph (B) 1128. before July 1, 1989, and The Secretary shall give consideration to all of such factors, but "(II) action described in paragraph (1) is taken after June 30, none of such applications may be denied based primarily uponthe 1989, and before the date on which such regulations are pub- geogaphie proximity of public education. lished in final form in the Federal Register by reason of the "(B) 'The Secretary shall consider the following factors relating to condition of any plant, the program that is the subject of an application described in an inspection of the condition of such plant shall be conductedby an subparagraph (A): appropriate tribal, county, municipal, or State health and safety "(i) the adequacy of facilities or the potential to obtain or officer to determine whether conditions at such plant constitute an provide adequate facilities; immediate hazard to health and safety. Such inspection shall be "(ii) geographic and demographic factors in the affected areas; completed by no later than the date that is 30 days after the date on "(iii) adequacy of the applicant's program plans or, in the case which the action described in paragraph (1) is taken. of a Bureau operated program, of projected needs analysis done "(ii) The inspection required under clause (i) shall be conducted by either by a tribe or by Bureau personnel; a health and safety officer designated jointly by the&cretary and "(iv) geographic proximity of comparable public education; the tribes affeeted by the action described in paragraph (1). lf the and Secretary and such tribes are unable to agree on the designation of "iv) the stated needs of all affected parties, including (but not the health and safety officer, the Secretary shall designate the limAed to) students, families, tribal governments at both the health and safety officer and shall provide notice of such designation central and local levels, and school organizations. to each of such tribes before the inspection is conducted by such "(C) The Secretary shall consider with respect to applications officer. described in subparagraph (A) the following factors relating to all
1 34 102 STAT, 366 PUBLIC LAW 100-297APR. 28, 1988 PUBLIC LAW 100-297--A PR. 28, 1988 102 STAT. 367 the educational services availableat the time the application is considered: on which such application was submitted, unless the applicant elects to have the provisions of this subsection apply to the review of such "(i) geographic and demographic factorsin the affected areas; "(ii) adequacy and comparability ofprograms already avail- application. able; "(B) Notwithstanding any other provision of law, if the school "(iii)consistency of availableprograms with tribal edu- board of the Bureau funded schools at the Pueblo of Zia and the cational codes or tribal legislationon education; and Tama Settlement vote within the 2-year period beginning on the "(iv) the history and success of these servicesfor the proposed date of enactment of the Indian Education Amendments of 1988 to population to be served, as determined fromall factors and not expand each of the schools to include kindergarten through grade 8, just standardized examination performance. the schools shall be so expanded at the beginning of the next school "(2XA) The Secretary shall makea determination of whether to year occurring after the vote.". approve any application described in paragraph (1)(A) by no later SEC. 5105. DORMITORY CR(TERIA. than the date that is 180 days after the dayon which such applica- tion is submitted to the Secretary. Section 1122 of the Education Amendments of 1978 125 U.S.C. "(B) If the Secretary fails to make the determinationdescribed in 2002) is amended by redesignating subsection id) as subsection lel subparagraph (A) with respect toan application by the date de- and inserting after subaection (c) the following new subsection: scriWd in subparagraph (A), the applicationshall be treated as "(d)(1) The criteria established under this section may be waived having been approved by the Secretary. in the same manner as the standards provided under section 1121(b) "(3)(A) Any application described in paragraph(11(A) may be may be waived under (section 1121(d). submitted to the Secretary only if "(2) No school in operation on or before January 1, 1987 (regard- "(i) the application has been approved bythe tribal governing less of compliance or noncompliance with the criteria established body of the students served by (or to beserved by) the school or under this section) may he closed, transferred to another authority, program that is the subject of the application, and consolidated or have ita program subatantially curtailed for failure "(li) written evidence of such approval is application. submitted with the to meet the criteria. "(3) By no 'eater then May 1, 1989, the Secretary shall submit toReports. "(B) Each application described in paragraph(1)(A) the Congress a report detailing the costa associated with, and the "(i) shall provide information concerningeach of the factors described in paragraph (1)(B), and actions necessary for, complete compliance with the criteria estab- lished under this section.". "(ii) may provide information concerning thefactors described in paragraph 111(C). SEC. 5106. REGULATIONS. "(4) Whenever the Secretary makesa determination to deny approval of any application described Section 1123 of the Education Amendments of 1978 (25 U.S.C. retary shall in paragraph (1XA), the Sec- 2003) is amended to read as follows: "(A) state the objections in writing to the applicant by no "RILGWATIONS later than the date that is 180 days after theday on which the application is submitted to the Secretary, "Sec. 1123. (el The provisions of part 32 of title 25 of the Code of "(B) provide assistance to the applicantto overcome stated objections, and Federal Regulations, as in effect on January 1, 1987, are hereby IC) provide the applicant incorporated into this Act and rhall be treated as though such a hearing, under the same rules provisions are set forth in this subsection. Accordingly, such provi- and regulations pertaining to the IndianSelf-Determination sions may he altered only by means of an amendment to this and Education Assistance Act, andan opportunity to appeal the objections raised by the Secretary. subsection that is contained in an Act or joint resolution which is enacted into law. To the extent that such provisions of part 32 do not Effective date. "(fiXA) Except as otherwise 'irovided inthis paragraph, the action which is the subject of any conform with this Act or any statutory provision of law enacted at. lication described in paragraph (1sA) before the date of enactment of this Act, the provisions of this Act that is approved by the Secretary shallbecome effective with the commencement of the academic year succeeding thefiscal year in and the provisions of such other statutory law shall govern. which the application is approved,or at an earlier date determined "(to The provisions of parts 31, 33, 36, 39, 42, and 43 of tiVe 25 of by the Secretary. the Code of Federal Regulatiens, as in effect on January 1, 1987, "(B) If an application is treatedas having been approved by the shall be applied by the Federal Government and shall not, before Secretary by reason of paragraph (21(B),the action that is the Juiy 1, 1989, be amended, revoked, or altered in any manner. No subject of the application shall becomeeffective on the date that is officer or employee of the Executive Branch shall have the authority 18 months after the date on which the applicationis submitted to to issue any other regulations, prior to July 1, 1989, that supersede, the Secretary, or at an earlier date determinedby the Secretary. supplement, or otherwise affect the provisions or such parts. To the "(6)(A) Any application for expansion of thegrade levels offered extent that the provisiont. of such parte do not conform with this Act by a tribally controlled school which hasbeen submitted to the or any statutory provision of law enacted before the date of enact- Secretary prior to the date ofenactment of this Act shall be ment of this Act, the provisions of this Act and the provisions of reviewed under the regulations and guidelinesin effect on the date such other statutory law shall govern.
0 13p:: 102 STAT. 368 PUBLIC LAW 100-29'7APR. 28, 1988 PUBLIC LAW 100-297APR, 28, 1988 102 STAT. 369
"(c) After June :i0, 1989, no regulation prescribed for the applica- "(ii) the first fiscal year for which an increase in the tion of any program provided under this title shall become effective amount of funds appropriated for allotment under this unless section is designated by the law that appropriates such Federal °ciJ the regulation has been published as a proposed regula- funds as the amount necessary to implement such adjust- Regid.r, tion Se the Federal Register, ment without reducing allotmente made under this section publication. "121 an opportunity of no less than 90 days has been afforded to any school. the public to comment on the published proposed regulation, "(5) For each of the fiscal years 1989 sad 1990, the Secretary and shall adjust the formula established under subsection (a) to Federal 11(3) the regulation has, after such period for public comment, provide funding to schools operated by Indian tribes that are Register, been published in the Federal Regisfor as a final regulation. treated under State law as political subdivisions of the State in publication. "id) For purposes of this section, the term 'regulation' means any an amount sufficient to enable the schools to meet standards rules, regulations, guidelines, interpretations, orders, or require- imposed by the State.". menta, of general applicability prescribed by any officer or employee (b)STUDY. 20USC 1411 of the Executive Branch.". (1 ) The Comptroller General of the United States (hereafter innote. this subsectim referred to as the "Comptroller General") shall SEC. 5107. FORMULA MODIFICATIONS, conduct a study to determine (a)N GENERAL-- (A) the number of children who 111 Paragraph (1) of section 1128(c) of the Education Amend- (i) are 3 or 4 years of age, ments of 1978 (25 U.S.C. 2008(cX1)) is amended to read as (ii) are eligible for services provided by the Bureau of follows: Indian Affairs of the Department of the Interior, and "(1) For fiscal year 1990, and for each subsequent fiscal year, (hi) are handicapped children (within the meaning of the Secretary shall adjust the formula establiasmi under aubsec- section 602(1) of the Education of the Handicapped Act tion (a) to. (20 U.S.C. 401(1))), "IA) use a weighted urit of 1.2 for each eligible Indian (B) ths geographic disbursement of such children, student enrolled in the seventh and eighth greas of the (C) the number of' such children who the Comptroller school in considering the number of eligible Indian students General Ee3timates will receive services under the pre-school served by the achool; set-aside program under Public Law 99-457, "(B) consider a school with an average daily attendance of (D) the sufficiency of the pre-school services described in less than 50 eligible Indian students SS having an average subparagraph (C), daily attendance of 50 eligible Indian students for purposeu (E) the unmet needs of such children, of implementing the adjustment factor for srnall a..!hools; IF) the number of such children who the Comptroller and General estimates will attend education programs (schools "(C) take into account the provision of residential services or residential programs) funded by the Bureau, and on a leas than 9-month basis at a school when the school ((1) the information described in subparagraphs (B), (C), board and Supervisor of the school determine that a less (D), and (E) with respect to the children described in than 9.month basis will be implemented for the school year subparagraph (F). involved.". (2) By no liner than the date that is1 year after the date of Reports. (2) Subsection (c) of section 1128 of the &lucation Amend- enactment of this Act, the Comptroller General shall submit to the ments of 1978 (25 U.S.C. 20080)) is amended y adding at the Congress a report on the study conducted under paragraph (1). end theree .'te following new paragraphs: 14XA) e Secretary shall adjust the formula established S. 5108. ADMINISTRATIVE COST. under subsection (a) to use a weighted unit of 2.0 for each (a) IN GENEKALThe Education Amendments of 1978 (25 U.S.C. eligible Indian student that 2008) is amended by inserting after section 1128 (25 U.S.C. 2008) the "(i) is gifted and talented (as determined pursuant to following new section: section 5324 of the Indian Education Amendments of 1988), and "ADMINISTRATIVE COST GRANTS "(h) is enrolled in the school on a full-time basis, in considering the number of eligible Indian students served by "SW' 1128A. (aX1) The Secretary shall, subject to the availability25 USC 2008a. the school. of appropriated funds, provide grants to each tribe or tribal "al) The adjustment required under subparagraph (A) shall organivation operating a contract school in the amount determined he used for the later of the following fiscal years and for each under this section with respect to the tribe or tribal organization for fiscal year succeeding such later fiscal year: the purpose of paying the administrative and indirect costs incurred "(if the sevond fiscal year succeeding the fiscal year in in operating contract schools in order to.--- which the Secretary of Education makes the report re- "(A) enable tribes and tribal organizations operating such quired under section 5324(cX6)(B) of the Indian Education schools, without reducing direct program services to the bene- Act of 1988. or ficiaries of the program, to provide an related administrative
1 36 PUBLIC LAW 100-297APR. 28, 1988 102 STAT. 371 102 STAT. 370 PUBLIC LAW 100-297APR. 28, 1988 available to the contract school without fiscal yearlimitation and overhead services and operations necessary to meetthe require- without diminishing the amount of any grantsotherwise payable to ments of law and prudent managementpractice, and the school under this section for anyfiscal year beginning after the "(B) carry out other necessary supportfunctions which would fiscal year for which the grant is provided. otherwise be provided by the Secretary orother Federal officers "(3) Funds received as grants under thissection for Bureau funded or employees, from resourcesother than direct program funds, programs operated by a tribe ortribal organization under a contract in support of comparable Bureauoperated programs. or agreement shall notbe taken into consideration for purposesof "(2) Amounts appropriated to fundthe grants provided under this indirect cost underrecovery and overrecoverydeterminations by any section shall be in addition to, andshall not reduce, the amounts Federal agency for any other funds, from whatever sourcederived. administered by the contract appropriated for the program being "(e) F3r purposes of this section the costs of schools. each tribe or tribal "(INA) The term 'administrative cost' means "(b)(1) The amount of the grant provided to necessary administrativefunctions which organization under this section for eachfiscal year shall be deter- "(i) the tribe or tribal organizationincurs as a result of mined by applying the administrative costpercentage rate of the secondary educational each of the direct cost education operating a tribal elementary or tribe or tribal organization to program, programs operated by thetribe or tribal organization for which "(ii) are not customarily paid bycomparable Bureau funds are received from or through theBureau. operated programs out of direct program funds, and "(2) The Secretary shall 4(iii) are either "(A) reduce the amount of the grantdetermined under Bureau pro- for administra- "(1) normally provided for comparable paragraph (I) to the extent that payments grams by Federal officials using resourcesother than tive costs are actually received by anIndian tribe or tribal organization under any Federal education programin- Bureau direct program funds, or tribal organiza- "(II) are otherwise required of tribalself-determina- cluded in the direct cost base of the tribe or tion program operators by law or prudentmanagement tion, and practice. "(B) take such actions as may be necessaryto be re- include, but is not imbursed by any other department or agency ofthe Federal "(13) The term 'administrative cost' may Government for the portion of grants madeunder this necessarily limited to for "(i) contract (or other agreement)administrstion; section for the costs of administering any program policy, and corporate leadership and Indians that is funded by appropriationsmade to such other "(a) executive, department or agency. decisionmaking; administrative cost percent- "(Hi) program planning, development,and management; "(c) For purposes of this section, the andprocurement age rate for a contractschool for a fiscal year is equal tothe "(iv)fiscal,personnel,property, percentage determined by dividing management; "(v) related office services and recordkeeping; and "( I) the sum of auditing, legal, safety "(A) the amount equal to "(vi) costs of necessary insurance, "(i) the direct cost base of the tribe ortribal organiza- and security services. tion for the fiscal year, multipliedby "(2) The term 'Bureau elementaryand secondary functions' "(n) the minimum base rate, plus means by the Office "(B) the amount equal to. "(A) all functions funded at Bureau schools "(i) the standard direct cost base,multiplied by of Indian Education Programs of theBureau; "(ii) the maximum base rate, by "(B) all programs other agen- "(2) the sum of "(i) funds for which are appropriated to "(A) the direct cost base of the tribe ortribal organization cies of the Federal Government, and benefit of Indians for the fiscal year, plus "(n) which are administered for the "(B) the standard direct cost base. through Bureau schools; and The administrative cost percentage rateshall be determined to the "(C) all operation, maintenance, andrepair funds for the operation or one hundredth of adecimal point. facilities and government quarters used in "Id (I )(A) Funds received by a contractschool as grants under this support of elementary ancl secondaryeducation functions section for tribal elementary orsecondary educational programs for tile 'benefit of Indians, from whatever sourcederived. may be combined by thecontract school into a singleadministrative "(3) The term 'tribal elementary orsecondary educational cost account without the necessityof maintaining separate funding programs' means all Bureauelementary and secondary func- Bureau programs or portions of source accounting. tions, together with any other "(B) Indirect cost funds for programs atthe school which share orograms (excluding fundsfor social services that are appro- common administrativeservices with tribal elementary orsecond- riated to agencies other than theBureau and are expended ary educational programs maybe included in the administrative through the Bureau, funds for majorsubcontracts, construction, cost account described insubparagraph (A). and other major capital expenditures,and unexpended funds "(2) Funds received as grants underthis section with respect to carried over from prior years) whichshare common adminiatra- tribal elementary or secondaryeducation programs shall remain
.137 tj o 102 STAT. 372 PUBLIC LAW 100-297 APR. 28, 1988 PUBLIC LAW 100-29'7--APR. 28, 1988 102 STAT. 3'73
tive cost functions, that are operated directly by a tribe cr tribal "60 all national and regional Indian organizations of organization under a contract or agreement with the Bureau. which such tribes( and tribal organizations are typically "(411M Except as otherwise provided in this paragraph, the members; direct cost base of a tribe or tribal organization for the fiscal "(B) be conducted on-site at a representative statistical year is the aggregate direct cost program funding for all tribal sample of the tribal elementary or secondary educational pro- elementary or secondary educational programs operated by the grams under a contract entered into with a nationally reputable tribe or tribal ca,nization during publ ic accounti ng and business consulting firm; "(i1 the second fiscal year preceding such fiscal year, or V) take into account the availability of skilled labor, "(ii) if such programs have not been operated by the tribe commodities, business and automatic data processing services, or tribal organization during the 2 preceding fiscal years, related Indian preference and Indian control of education the first fiscal year preceding such fiscal year. requirements, anti any other market factors found substantially "(B) In the case of Bureau elementary or secondary education to affect the administrative costs and efficiency of each such functione which have not previously been operated by a tribe or tribal elementary or secondary educational program studied in tribal organization under contract or agreement with the order to assure that all required administrative activities can Bureau, the direct cost base for the initial year shall be the reasonably be delivered in a cost effective manner for each such projected aggregate direct cost program funding for all Bureau program, given an administrative cost allowance generated by the values, percentages, or other factors found in the studies to elementary and secondary functions to be operated by the tribe be relevant in such formula; or tribal organization during that fiscal year. "(D) identify, and quantify in terms of percentages of direct 11(5) The term 'maximum base rate'means 50 percent. program costs, any general factors arising from geographic "(6) The term 'minimum base rate' means 11 percent. isolation, ar numbers of programs administered, independent of "en The term 'standard direct cost base' means $600,000. program size factors used to compute a base administrative cost "(1111) Upon the ennctment of the Indian Educatien Amendmenis percentage in such fermula; and of 1988, the Secretary shall '(E) identify any other incremental cost factors substantially "(A) conduct such studies as may he needed to establish an affecting the costs of required administrative cost functions at empirical basis for detertnining relevant factors subatantially any of the tribal elementary or secondary educational programs affecting the required administrative costs of tribal elementary studied and determine whether the factors are of general ap- and secondary educational programs, using the formula set plicability to other such programs, and (if so) how they may forth in subsection (c), and effectively be incorporated into such formula. "(B) a study to determine "(3) Determinations described in paragraph (2XC) shall he based "fil a maximum base rate which ensures that the amount on what is pragmatically poesible to tic at each location studied, of the grants provided under this seetion will provide ade- given prudent management practice, inet,pective of whether re- quate (but not excessive) funding of the administrative cobts quired administrative services were actually or fully delivered at of the smallest tribal elementary or secondary educational these sites, or other services were delivered instead, during the prograins, period of the study. "(ii) a minimum base rate which ensures that the amount "(4) Upon completion of the studies conducted under paragraph Reports. of the granta provided under this section will provide ade- (1), but in no case later than October 1, 1989, the Secretary shall quate (but not excessive) funding of the administrative costs submit to the Congress a report on the findings of the studies, of the largest tribal elementary or secondary educational together with determinations based upon such findings that would programs, and affect the definitions of terms used in tlae formula that is aet forth in "(iii) a standard direct cost base which is the aggregate subsection (c). "(5) The Secretary shall include in the Bureau's justification for direct cost funding level for which the percentage deter- each appropriations request for each Neel year beginning after mined under subeection1c) will- fiscal year 1989, a projection of the overall costs associated with the 01 be equal to the median between the maximum formula set forth in subaection (c) for all tribal ekmentary or base rate and the minimum base rate, and secondary educational programs which the Secretary expects to be "al) ensure that the amount of the grants provided funded in the fiscal year for which the appropriations are sought. under this eection will provide adequate (but not exces- "1() For purposes of this subsection, the sire of tribal elementary sive) funding of the administrative costs of tribal ele- or secondary educational programs is determined by the aggregate mentary or secondary educational programs closest to direct cost program funding level for all Bureau funded programs the size of the program. whidi share common administrative cost functions. (2i The studies required under paragraph (1) shall "(gal) There are authorized to be appropriated for each hscul year Approprtubon "(A) be conducted in full conaultation (in accordance with such sums as may be necessary to carry out the provisions of this authorizatton. section 1130) with section. "fit the tribes and tribal organizations that are affected "421 If the total amount of funds nmes4ary to provide grants to by the application of the formula set forth in subsection (C), tribes and tribuli rganitations in the amounts determined under and subsection (b) for a fiscal year exceeds the amount of funds aepro-
138 102 STAT. 37b 102 STAT. 374 PUBLIC LAW 100-297APR. 28, 1988 PUBLIC LAW 100-297--APR. 28, 1988 "(II) such amount determined under subsection (b1.". priated to carry out this section for such fiscal year, the Secretary (b)SCHOOL. BOARD TRAINING.Paragraph(3) of section 1128(c) of shall reduce the amount of each grunt determined under subsection the Education Amendments of 1978 (20 U.S.C. 2008(c)(3)) isamended 25USC 2008 (b1 for such fiscal year by an amount that bears the same relation- L.0read as follows: ship to such excess as the amount of such grant determined under "(3)(A) The Secretary shall reserve for nationalschool board subsection (b) bears to the total of all grants determined under training 0.133 percent of the funds appropriated for eachfiscal year subeection (b) for all tribes and tribal organizations for such fiscal for distribution under this section. Such training shall beconducted year. inrough the same organizations through which, and in the same "(hK1) Notwithstanding any other provision of this section, the manner in which, the training wasconducted in fiscal year 1986. If ntracts. amount of the grants provided under this section for fiscal year 1989 the contract for such training is not awarded beforeMay 1 of each shall fiscal year, the contract under which such training weeprovided for "(A) in lieu of being determined under subsection (b), be the fiscal year preceding such fiscal year shall berenewed by the determined for each tribal elementary or secondary educational Secretary for such fiscal year. The agenda for the trainingsessions program on the same basis that indirect costs were determined shall be established by the school boards through theirregional or for such programs for fiscal year 1988, and national organizations. "(B) be subject to the provisions of subsection (d). "(B) For each year in which the Secretary uses aweighted unit "(2) Notwithstanding any other provision of this section, the formula established under subsection (a) to fund Bureauschools, a amount of the grant provided under this section for fiscal year 1990 Bureau school which generates less than 168 weighted units shall with respect to each tribal elementary and secondary educational receive an additional 2 weighted units to defray schoolboard program that was operated by a tribe or tribal organization in fiscal activities. year 1989 shall be equal to '(C) From the funds allotted in accordance withthe formula "(A) if the amount of the grant determined under subsection established under subsection (a) for each Bureau school, thelocal (b) for fiscal year 1390 with respect to such program exceeds the school board of such school may reserve an amountwhich does not amount received by the tribe or tribal organization with respect, exceed the greater of to such program for administrative costs for fiscal year 1988 (or "(i) $4,000, or fiscal year 1989 if such program was not operated by the tribe or "(ii) 2 percent of such allotted funds, tribal organization clueing fiscal year 1988), the sum of for school board activities for such school, including but notlimited "(i) such amount received, plus to, and notwithstanding any other provisionof law, meeting ex- "(ii) one-third of the excess of penses and the cost of membership in,and support of, organizations "(I) such amount determined under subsection (b), engaged in activities on behalf of Indian education:1. over (C)PERCENTAGE OIR FUNDB NOT SUBJECT TO FISCAL YEARL1MITA- "(II) such amount received, or TION.Section 1128 of the Education Amendments of 1978 (20U.S.C. "(B) if such amount received exceeds such amount determined 2008) is amended by adding at the end thereof thefollowing new 25 USC ZOOS. under subsection (b), the excess of subsection: "(i) such amount received, over "(h) At the election of the local school board made at anytime "(ii) an amount equal to one-third of the excess of during the fiscal year, a portion equal to no more than15 percent of "(I) such amount received, over the funds allocated with respect to a schoolunder this section for "(II) such amount determined under subsection (b). any fiscal year shall remain available tothe school for expenditure "(3) Notwithstandin6 any other provision of this section, the without fiscal year limitation.". amount of the granta provided under this i-ection for fiscal year 1991 with respect to each tribal elementary ai d secondary educational SEC 5109.1.0CM.PROCUREMENT. progrem that was operated by a tribe or tribal organization in fiscal Paragraph (4) of section 1129(a) of the Education Amendmentsof year 1989 shall be equal to 1978 (25 U.S.C. 2009) is amended to read as follows: "(A) if the amount of the grant determined under subsection "(4) Notwithstanding any law or regulation, thesupeni:sor of a (b) for flie:al yea 1991 with respect to such program exceeds the Bureau school may expend an aggregate of no morethan $25,000 of amount received by the tribe or tribal organization with respect the amount allotted the school under section 1128 toacquire sup- to siich program for administrative costa for fiscal year 1990, the phes and equipment for the school without competitivebidding if sum of "(A) the cost for any single item purchased does notexceed "(i) such amount received, plus $10,000; "kii) one-half of the excess of-- "(B) the school board approves the procurement; "11) such amount determined under subsection (b), "(C) the supervisor certifiesthat the costisfair and over reasonable; "(II) such amount received, or "(D) the documents relating to the procurementexecuted by "(Iii if such amount received exceeds such amount determined the supervisor or other school staff cite thisparagraph as under subeection (b), the excess of authonty for the procurement; and "(i) such amount received, over "(E) the transaction is documented in a journalmaintained at "(ii) an amount equal to one-half of the excese of the school clearly identifying when the transactionoccurred, "(I) such amount received over,
13 9 102 STAT. 376 PUBLIC LAW 100-297APR. 28, 1988 PUBLIC LAW 100-297APR. 28, 1988 102 STAT. 377 what was acquired and .; ^orn whom, the prices paid, the quan- retary which is not consistent with the views of the interested tities acquired, and any ether information the supervisoror parties.". school board considers relevant.". SEC. 3112. INDIAN EMPLOYMENT PREFERENCE. SEC. 3110. COORDINATED PROURA MS. (a) APPLICANTS.Subsection (1)(1) of section 1131 of the Education Section 1129 of the Education Amendments of 1978 (25 U.S.C. Amendments of 1978 (25 U.S.C. 2011) is amended by strikingout "an 2009) is amended by adding at the end thereof the followingnew employee" and inserting in lieu thereof "an applicantor employee" subsection: (b) PROVIDERS OF Sumner Seavices. Contracts. "((xl) From funds allotted to a school under section 1128, the (1) Subparagraph (A) of section 1131(00) of the Education Secretary shall, if specifically requested by the tribal governing body Amendments of 1978 (25 U.S.C. 2011(nX1KA)) is amended (within the meaning of section I(j)) whose children are served by (A) by striking out "or" at the end of clause (ii), and a program operated by the Bureau, implement any cooperative (B) by adding at the end thereof the followingnew clause: agreement entered into between the tribe, the Bureau school board, "(iv) support services at, or associated with, the site and the local public school district which meets the requirements of of the school; or". paragraph (2) and involves educaiion programs operated by the (2) The amendments made by paragraph (1) shall apply with 25 USC 2011 Bureau. The tribe, the Bureau school board, and the local public respect to an individual who is employed by the Bureau ofnote. school district shall determine the terms of the agreement. Such Indian Affairs of the Department of the Interioron the date of agreement may encompass coordination of all or any part of the enactment of this Act only if such individual elects, in such following: form and at such time as the Secretary of the Interiormay "(A) Academic program and curriculum, if a facility operated prescribe, the application of such amendments withrespect to by the Bureau which is currently accredited by a Stateor such individual. regional accrediting entity would continue to be accredited. "(B) Support services, including procurement and facilities SF:C. 5113. PERSONNEL COMPENSATION, RECRUITMENT, AND RF:TKNTION 25 USC 2011 maintenance. STUDIES. note. "(C) Transportation. (a) IN GENERALThe Secretary shall conduct such studies and Reports. "(2) Each agreement entered into pursuant to the authority pro- gather such information as may benecessary to prepare a report vided in paragraph (I) shall confer a benefit upon the Bureau school that the Secretary shall submit to the Congress byno later than the commensurate with the burden assumed, though this requirement date that is 6 months after the date of enactment of this Act. The shall not be construed so as to require equal expendituresor an report shall compare personnel compensation in Bureau funded exchange of similar services.". schools with SEC. 5111. CONSULTATION. (I) nearest public schools that (A) have successful educational programs, and Section 1130 of the Education Amendments of 1978 (25 U.S.C. (B) are comparable in size, geographic location, grade 2010) is amended levels, and student population characteristics to Bureau (I) by striking out "Bureau" the first time it appears and funded schools, and inserting in lieu thereof "the Secretary and the Bureau", (2) schools operated within the United States by the Depart- (2) by striking out "It shall" and inserting in lieu thereof "(a) ment of Defense. It shall'', and (b) INCLUSIONS.The report required under subsection (a) shall (3) by adding at the end thereof the following new subsection: include "(bX1) All actions under this Act shall be done with active con- (I I :etailed information on the current salaries and personnel sultation w h tribes. benefits for comparable positions in the Bureau funded schools "(2) The consultation required under paragraph (I) means a proc- and the schools described in paragraphs (I) and (2) of subsection ess involving the open discussion ane joint deliberation of all options (a), with ,esoct to potential issues or changes between the Bureau and (2) a comparison of starting salariwi, tenure, length el service, all interested parties. During such discusaions and joint delibera- educational and certification requirements, length of workyear tiont, interested parties (including, but not limited to, tribes and and work day, and fringe benefits between Bureau funded school officials) shall be given an opportunity to present issues schools and the schools described in paragraphs (1) and (2) of including proposals regarding changes in current practices or pro- subsection (a), grams which will be considered for future action by the Bureau. All (3) a projection of the compensation factors described inpara- interested parties shall be given an opportunity to participate and graphs (1) and (2) for Bureau hmded schools and the schools discuss the edtions presented or to present other alternatives, with described in paragraphs (I) and (2) of subsection (a)over the the views and concerns of tile interested parties given effect unless next live years, and the Secretary determines, from information educed or presented (4) such additional information and analysis as the Secretary during the discussions, that there is a substantial reason for another deems aperopriate. course of action. The Secretary shall submit to any Member of (C) FUNDING AND STMT.. Congress, within 18 days of the receipt of a written request by such () The cost of the studies and the report required under Member, a written explanation of any decision made by the Sec- subsection (a) (including, but not limited to, costs for allcon-
140 e PUBLIC LAW 100-297APR. 28, 1988 102 STAT. 379 102 STAT. 378 PUBLIC LAW 100-297APR, 28, 1988 the study) shall be paid from "(i) for contracts for the 1989-1990 academic year, at tracts, travel, and staff assigned to rates which reflect one-third of the changes in the rates amounts appropriatedto the Bureau's Management and applicable to such positions on the date of enactment of the Administration subactivity of the GeneralAdministration activ- benefits of employees Indian Education Amendments of 1988 that must be made ity, except that the salaries and personnel to conform the rates to the rates established under subpara- detailed to the study from the Office of IndianEducation of the Bureau may continue to be charged tothe amounts appro. graph (B) for such positions for contracts for the 1991-1992 academic year, and priated to the Bureau's Education account. "(ii) for contracts for the 1990-1991 academic year, at (2) lithe Secretary does notconduct the studies required detailed to work on rates which reflect two-thirds of such changes. under subsection (a) by contract, the staff "(D) The establishment of rates of basic compensation and the studies and report required undersubsection (a) shall in- from the Office of annual salary rates by the Secretary under subparagraphs (B) clude not less than two career employees and (C) shall not preclude the use of regulations and procedures Indian Education of the Bureau whohave substantial experi- the level of an agency office) of used by the Bureau before the enactment of the Indian Edu- ence in the administration (at cation Amendments of 1988 in making determinations regard- school operations and in the drafting ofpersonnel regulations, this Act. ing promotions and advancements through levels of pay that including but not limited to those under are based on the merit, education,experience, or tenure of the (d) CONTRACTS.The Secretary mayconduct part or all of the through contracts entered into educator. studies required under subsection (a) "(E)(i) Except as provided in clause Oil, the establishment of with one or aimindian education organizations. Secretary shall conduct such other rates of basic compensation and annual salary rates by the (e) ADDITIONAL STUDIES.--The recruitment in Bureau Secretary ander subparagraphs (B) and (C) shall not affect the studies of personne! compensation and continued employment or compensation of any individual em- funded and public schools ati aredesirable in carrying out the Education Amendments of 1978. ployed in an education pocition on the day before the date of purposes of title 11 of the enactment of the Indian Education Amendments of 1988 if this (I) DEVINITIONS.For purposes ofthis section Secretary of the laterior. paragraph did not apply to such individual on such day. II) The term "Secretary" means the may, during Bureauof Indian Affairs of "Oil Any individual describedin clause (i) (2) The term "Bureau" means the the 5-year period beginning on the date on which the Secretary the Department of the Interior. establishes rates of basic compensation and annual salary rates 51 II. RFAHILAlt COMPENSATION OF BUREAU EDUCATORS; under subparagraph (B), make an irrevocable election to have NONVOLUNTARY FURLOUGHS. the basic compensation rate or annual salary rate of such individual determined in accordance with this paragraph. (a) COMPENSATION.--Paragraph (1)of section 1131(h) of the Edu- cation Amendments of 1978 (25U.S.C. 2011(h)(1)) isamended-- "(iii) If an individual makes the election described in clause (iiby inserting "or on the basis of theFederal Wage System (ii), such election shall not affect the application to the individ- "is applicable", ual of the same retirement system and leave system that applies schedule in effect for the locality" after to the individual during the fiscal year preceding thefiscal year (2) by striking out 'The Secretaryshall" and inserting in lieu provided in this section, the in which such election is made. thereof "(A) Except as otherwise "(F) The President shall include with the budget submitted President of U.S. Secretary shall", and following new subpara- under section 1105 of title 31, United States Code, for each of (3) by adding af. the end thereof the the fiscal years 1990,1991, and 1992 a written statement by the graphs: 6-month period begin- Secretary which specifies "(B) By no late:- than the close of tne "(1) the amount of funds the Secretary needs to pay basic ning on the date of' enactment of theIndian Education Amend- shall establish, for contracts for compensation and the annual salaries of educators for such ments of 1988, the Secretary fiscal year, end the 1991-1992 academic year, andthereafter, the rates of basic compeesation, or annual salary rates, for thepositions of teach- "(ii) the amount of funds the Secretary estimates would be needed to pay basic compensation and the annual sala- ers arid counselors(including dormitory counselors andhome- compensation applicable ries el educators for such fiscal year if the amendments livaig counselors) at the rates of basic made to this paragraph by the Indian Education Amend- (on the date of enactment of suchAmendments and thereafter) schools under the Defense ments of 1988 had not been enacted.". to comparable positions in overseas (b) FURIoliGlis.Section 1131 of the Education Amendments of Department Overseas Teachers Payand Personnel Practices establishes such rates within such 1978 (20 U.S.C. 2011) is amended by adding at the end thereof the Act, unless the Secretary following new subsection: 6 month period through collectivebargaining with the appro- education employees that is "(psi) No educator whose basic wmpensation is paid from funds (riate union representative of the allocated under section 1128 may be placed on furlough (within the recognizt: I by the Bureau. the 6-month period de- meaning of section 7511(105) of title 5, United States Code)without "(C) By no later than the close of the consent of such educator for an aggregate of more than 4 w scribed in subparagraph (11), theSecretary shall establish the rates of basic compensation orannual salary rates for the within the same calendar year, unless (including dormitory and "(A) the supervisor, with the approval of the local school positions (if teachers and counselors board (or of the agency superintendent for education upon home-living counselors) .141
ICe 1) , - C JO e 102 STAT. 384) PUBLIC LAW 100-297APR. 28, 1988 PUBLIC LAW 100-297APR. 28,1988 102 STAT. 381 appeal under paragraph (2)), of the Bureau school at which such authority under this subparagraph dui ing the previous fiscal educator provides services determines thata longer period of year andlistingthepositions contracted underthose grantsof furlough is necessary due to a shortage of funds, and authority.". "(B) all educators (other than principals and clericalem- ployees) providing services at such Bureau schoolare placed on SEC. 5:16. EARLY CHILDHOOD PEVELOPMENT CROORAM. furloughs of equal length. Title XI of the Education Amendments of 1978 is amended "(2) The supervisor of a Bureau schoolmay appeal to the appro- (1) by striking out part C, and priate agency superintendent for education any refusel by the 20 US(: 241aa local (2) by adding at the end of part B the followingnew section:note, 241bb-1. school board to approve any determination of the supervisor thatis described in paragraph (1XA) by filinga written statement describ- "EARLY CHILDHOOD DEVELOPMENT PROGRAM ing the determination and the reasons the supervisor believessuch determination should be approved. A copy of such statementshall "Sec. 1141. (a) The Secretary shall provide grants to tribes,tribalGrants. be submitted to the local school board and such board shallbe organieations, and consortia of tribes and tribal organizationsto25 USC 2022a. afforded an opportunity to respond, in writing, to such appeal.After fund early childhood development programs thata, e operated by reviewing such written appeal and response, the superintendent such tribes, organizations, or consortia. may, for good cause, approve the determination of the supervisor "(bal) The total amount of the grants provided under subsection The superintendent shall transmit the determination of suchappeal (a) with respect to each tribe, tribal organization,or cos:sortium of in the form of a written opinion to such local school board andto .tribes or tribal organizations for each fiscalyear shall br equal to the supervisor identifying tlie reasons for approving such deter- the amount which bears the same relationship to the totalamount mination.". appropriated under the authority of subsection (0 for such fiscal SEC. 5115. POST DIFFERENTIALS. year (!ess amounts provided under subsection (e)) as "(A) the total number of children under 6years of age who Paragraph (3) of section 1131(h) of the Education Amendmentsot are members of 1978 (25 U.S.C. 2011(h)(3)) is amended-- "(i) such tribe. (I) by striking out "The Secretary" and inserting in bet. "(ii) the tribe that authorized such tribal organization,or thereof "(A) The SeCretary", and "(iii) any tribe that (2) by adding at the end thereof the followingnew subpara graph: "(I) is a member of such consortium, or "(BX0 Upon the request of the supervisor and the local school "(II) authorizes any tribal organization that isa board of a Bureau school, the Secretary shall grant the supervisor member of such consortium, hears to of "(13) the total number of all chi!dren under 6 years ofage who the school authorization to provide one or more post differentials are members of any tribs that-- under subparagraph (A) unless the Secretary determines !orclear "(i) is eligible to receive funds under subsection (al, and convincing reasons (and advises the board in writing of those "(ii) is a member of a consortium that is eligible to receive reasons) that certain of the requested post differentials should be such funds, or disapproved or decreased because there is no disparity ofcompensa. "(iii) authorizes a tribal organization that is eligible to tion for the involved employees or positions in the Bureau school,Lis receive .tuch funds. compored with the nearest publie school, that is either "(2) No grant may be provided under subsection (a-- "d) at least 5 percent, or "(A) to any tribe that has less than 500 members, "(II) less than 5 percent and affects the recruitmentor reten- tion of employees at the echool. "(B) to any tribal organization which is authorized "(1) by only ene tribe that has less than 500 members,or The reouest under this subparagraph rhall be deemed grantedas "(:;) by one or more tribes that have a combined total requeeted at the end of the 60th day after the request is received in membership of less than 500 members, or the Central Office of the Bureau unless before that time itis "(C) to any consortium composed of tribes, approved, approved with modificution, or disapproved by the Sec- or ttebal organiza- retery. tions authorized by tribes, that have a combined total tribal membership of less than 500 members. "(ii) The Secretary or the supervisor of a Bureau mchoolmay "(0(I) A grunt may be provided under subsection (a) toa trite!, discontinue or decrease a post differential authorieed byreason of tribal organization, or consortia of tribes and tribal organirations this subparagraph at the beginning of a school year after either only if the tribe, organization or consortia submits to the Secretary "(1) the local school board requests that it. be discontinuedor an application for the grant at such time and in such form as the decreased, or Secretary shall prescribe. "(II) the Secretary or the supervisor determines for clear and "12) Applications submitted under paragraph (1) shall set forth the convincing reasons (and advises the board in writing of those early childhood development program that the applicant desires to reasons) that there is no disparity of compensation that. woold operatt:. affect the recruitment or retention of employees at the school g(d) The early childhood development programs thatare funded arter the differential is discontinued or decreaeed. by grants provided under subsection (a) Reports "(ilia 3n or teefore February 1 of each year, the Secretary shall "(1) shall coordinate existing programs and may provideserv- submit to Congress a report describing the requests and grants of ices that meet identified needs of parents and children under 6
1 42 PUBLIC LAW 100-297--APR. 28, 1988 102 STAT. 383 102 STAT. 382 PUBLIC LAW 100-297APR. 28, 1988 years of age which are not being met by r-,isting programs, "Oil funds appropriated for any program that has been including curtailed at any Bureau school, "(A ) prenatal care, to fund allotments made under section 1128,and "(RI nutrition education, "(B) the Secretary may waive the application of the provisions "(C) health education and screening, of section 1121(g) with respect to the closure orconsolidation of "( Di educational testing, and a school, or the curtailmentof a program at a school, during "(E) other educational services, such fiscal year if the funds described in clauses (i) and (ii)of "(2) may include instruction in the language, art, and culture subparagraph (A) with respect to such school are used to fund of the tribe, and allotments made under section 1128 for such fiscal year.". "(3) shall provide for periodic assessment of the program. Grants. "(e) The Secretary shall, Gut of funds appropriated under the SEC. 5119. TRIBAL DEPARTMENTS OF EDUCATION. authority of subsection (f), include in the grants provided under Part B of title XI of the Education Amendments of 1978is subsection (a) amounts h or administrative costs incurred by the tribe anicaded by adding at the end thereof the following newsection: or tribal organization in establishing andmaintaining the early childhood development program. "TRIBAL DEPARTMENTS OR EDUCATION "(f) There are authorized to be appropriated for fiscal year 1989, Appropnation the 25 USC 2022b. authorisation. and for each succeeding fiscal year, $15,000,000 for the purpose of "Sec. 1142. (a) Subjwt to the availability of appropriations, carrying out the provisions of this section.". Secretary shall provide grants and technical assistance tc tribes for the development and operation of tribal departmentsof education SEC. 5117. DEFINITIONS. forthe purpose of planning and coordinating all educational pro- Section 1139 of the Education Amendments of 1978 (25 U.S.C. grams of the tribe. 2019) is amended "(b) Grants crar4;idded under this section shall (1) by striking out paragraph (S) and inserting in lieu thereof "0) be on applications from the governingbody of the the follow ing: tribe, "(3) the term 'Bureau funded school' means "(2)reflectfactors such as geographic and population "( A) a Bureau school; diversity, "(B) a contract school; or "(3) facilitate tribal control in all matters relating tothe "(C) a school for which assistance is provided under the education of Indian children on Indian reservations and on Tribally Controlled Schools Act of 1988;", former Indian reservations in Oklahoma, (2) by redesignating paragraphs (4) through (10) as paragraphs "(4) provide for the development of coordinatededucational (6) through (12), respectively, and programs on Indian reservations(including allpreschool, (3) by inserting after paragraph (3) the following new para- elementary, secondary, and higher or vocationaleducational graphs: programs funded by tribal, Federal, orother sources) by "(4) the term 'Bureou school' means a Bureau operated ele- encouraging tribal administrative support of all Bureaufunded mentary or secondary day or boarding school or aBureau educational programs as well as encouraging tribal cooperation operated dormitory for students attending a school other than a and coordination with all educational programs receivingfinan- Bureau school; cial support from State agencies, other Federal agencies, or '(5) the term 'contract school' means an elementary or private entities, secondary school or a dormitory which receives financial assist- "(5) provide for the development and enforcementof tribr,l ance for its operation under a contract or agreementwith the educational codes, including tribal educational policiea z,nd Bureau under section 102, 104(1), or 208 of the Indian Sel;.- tribal standards applicable to curriculum, personnel,students, Determination and Education Assistance Act (25 U.S.C. 450f, facilities, and support programs, and 450h(1), and 458d);". "(6) otherwise comply with regulations for grantsunder sec- SEC. 5118, SEQUESTRATION ORDERS. tion 104(a) of the Indian Self-Determination andEducational Assistance Act (25 U.S.C. 450h) that are in effect on thedate Subsection (a) of section 1129 of the Education Amendments of application for such grants are made. 1978 (25 U.S.C. 2009(a)) is amended by adding at the end thereof the under this following new paragraph: "(al) In approving and funding applications for grants Budget section, the Secretary shall give priority to anyapplication that "(5) If a sequestration order issued under the Balanced "(A) includes assurances from the majorityof Bureau funded and Emergency Deficit Control Act of 1985 reduces the amount of the reservation of the funds available for allotment under section 1128 for any fiscal year schools located within the boundaries of by more than 7 percent of the amount of funds available for applicant that the tribal department of education tobe funded allotment under section 1128 during the preceding fiscal year under this section will provide coordinatingservices and tech- "(A) the Secretary may, notwithstanding any other provision nical assistance to all of such schools, including(but not limited of law, use to) the submission to eachapplicable agency of a unified "(1) funds appropriated for the operation of any Bureau application for funding for all of such schoolswhich provides school that is closed or consolidated, and that-
14 3 ; e 102 STAT. 384 PUBLIC LAW 100-297APR. 28, 1988 PUBLIC LAW 100-297APR. 28, 1988 102 STAT. 385 "(i) no administrative costs other than those attributable to the individual programs of such schools will be associated PART BTRIBALLY CONTROLLED SCHOOL GRANTS Tribally with the unified application, and Controlled "(ii) the distribution of all funds received under the uni- SEC. 5201. SHORT TITLE. Schools Act of 1988 fied application will be equal to the amount of funds pro- This part may be cited as the "Tribally Controlled Schools Act of25 MC 2501 vided by the applicable agency to which each of such 1988". note. schools is entitled under law, "(B) includes assurances from the tribal governing body that SEC. 5202. HNOINGS. 26 USC 2501. the tribal department of education funded under this section The Congress, after careful review of the Federal Government's will administer all contracts or grants (except those covered by historical and special legal relationship with, and resultingrespon- the other provisions of this title and the Tribally Controlled sibilities to, Indians, finds that Community College Assistance Act of 1978) for education pro- (1) the Indian Self-Determination and Education Assistance grama administered bythetribe and will coordinate all of the Act, which was a product of the legitimate aspirations anda programs to the greatest extent possible, recognition of the inherent authority of Indian nations,was and "(C) includes assurances for the monitoring and auditing by is a crucial positive step towards tribal and community control; or through the tribal department of education of all education (2) the Bureau of Indian Affairs' administration and domina- programs for which funds are provided by contract or grant to tion of the contracting process under such Act hasnot provided ensure that the programs meet the requirements of law, and the full opportunity to develop leadership skills crucial to the "(11) provides a plan and schedule for reahzation ol self-government, and has denied to the Indian "(i) the assumption over the term of the grant by the people an effective voice in the planning and implementation of tribal department of education of all assets and functions of programs for the benefit of Indians which are responsive to the the Bureau agency office associated with the tribe, insofar true needs of Indian communities; as those responsibilities relate to education, and (3) Indians will never surrender their desire to control their "(ii) the termination by the Bureau of such operations relationships both among themselves and with the non-Indian and office at the time of such assumption, governments, organizations, and persons; but when mutually agreeable between the tribal governing body (4) true self-determination in any society of people is depend- and the Assistant Secretary, the period in which such assump- ent upon an educational process which will ensure the develop- tion is to occur may be modified, reduced, or extended after the ment of qualified people to fulfill meaningful leadership roles; initial year of the grant. (5) the Federal administration of education for Indian chil- "(2) Subject to the availability of appropriated funds, grants pro- dren has not effected the desired level of educational achieve- vided under this section shall be provided for a period of 3 years and ment nor created the diverse opportunities and personal the grant may, if performance by the grantee is satisfactory to the satisfaction which education can and should provide; (6) true local control requires the least possible Federal inter- Secretary, be renewed for additional 3-year terms. ference; and "(d) The Secretary shall not impose any terms, conditions, or (7) the time has come to enhance the concepts made manifeet requirements on the provision of grants under this section that are in the Indian Self-Determination and Education Assistance Act. not specified in this section. Appropriation "(e) There are authorized to be appropriated for each fiscal year SEC. 5203. DECLARATION OP POLICY. 25 USC 2502. authorization. such sums as may be necessary to carry out the provisions of this (a) RECOGNITION.The Congress recognizes the obligation of the section.". United States to respond to the strong expression of the Indian SEC. 5120. SCHOOL BOUNDARIES. people for self-determination by assuring maximum Indian partici- pation in the direction of educational servicesso as to render such Subsection (b) of section 1124 of the Education Amendments of services more responsive to the needs and desires of thosecommu- 1978 (25 U.S.C. 2004(b)) is amended nities. (1) by striking out "On or after" and inserting in lieu thereof (b) COMMITMENT.The Congress declares its commitment tothe "(1) Except as provided in paragraph (2), on or afier", and maintenance of the Federal Government's unique and continuing (2) by adding at the end thereof the following new paragraph: trust relationship with and recponsibility to the Indian people "(2) In any case where there is more than one Bureau funded through the establishment of a meaningful Indian self-determina- school located on an Indian reservation, at the dire,:tion of the tribal tion policy for education which will deter further perpetuation of governing body, the relevant school boards of the Bureau funded Federal bureaucratic domination of programs. schools ol the reservation may, by mutual consent, establish the (e) NATIONAL GOALThe Congress declares that a major national relevant attendance areas for such schools, subject w the approval goal of the United States is to provide themources, processes, and of the tribal governing body. Any such boundaries so established structures which will enable tribes and local communities to effect shall be accepted by the Secretary.". the quantity and quality of educational services and opportunities which will permit Indian children to compete and excel in the life areaa of their choice, and to achieve the measure of self-determina- tion essential to their social and economic well-being.
144 ; 19-139 0 - 88 9 (297) 4.#c PUBLIC LAW 100-297APR. 28, 1988 102 STAT. 387 1988 102 STAT. 386 PUBLIC LAW 100-297APR. 28, (3) Funds provided under any grantmade under this part may (CI) EDUCATIONAL Nceos.The Congressaffirms the reality of the not be expended foradministrative costs (as defined under special and unique educational needsof Indian peoples, including section 1128A(e)i1 l or the EducationAmendments of 1978) in the need for programs to meet thelinguistic and cultural aspira- excess of the amountgenerated for such costs under section tions of Indian tribes and communities.These may best be met 1128A of such Act. (c) LIMFTATION ON TRANSFER ORFIr-108 AMONG SCHOOLAITES. throuth a grant process. which operates schools at more lel FEDERAL RELATIONS. TheCongress declares its commitment to ID In the case of a grantee these policies and its support, to thefull extent of its responsibility, than one schoolsite, the grantee mayexpend no more than the for Federal relations with the IndianNations. lesser of 11-; TERMINATION.The Congress herebyrepudiates and rejects (A) 10 percent of the fundsallocated for a sehoolsite House Concurrent Resolution 108 of the83rd Congress and any under section 1128 or the EdutationAmendments of 1978, policy of unilateral terminatioa ofFederal relations with any Indian or Nation. (B) $400,000 of such funds, at any other schoolsite. 25 USC 2503. SEC. 520-1.(:RANT4 AlITRORIZED. (2) Foe purposes of thissubsection, the term "schoolsite" (a) IN GENERAL. means the physicallocation and the facilities of an elementary ) The Secretary shall provide grantsto Indian tribes, and or secondary educational orresidential program operated by, or tribal organizations, that .der contract with, the Bureau forwhich a discreet etude, t (A) operate tribally controlledschools which are eligible count is identified under thefunding formula established under for assistance under this part, and section 1128 of the Education Amendmentsof 1978. (B) submit to the Secretaryapplications for such grants. (d) No Requiastssise To ACCEPTGRANTS.Nothing in this part (2) Grants provided under this part shallbe deposited into the may be construed-- general operating fund of the triballycontrolled school with (1) to require a tribe or tribalorganizatime to apply for or respect to which the grant is provided. accept, or 13sA) Except as otherwise provided in thisparagraph, grants (2) to allow any person to coerce anytribe or tribal organiza- provided under this part shall be used todefray, at the discre- tion into applying for, or accepting, tribally controlled school with plan, conduct, and administerall of, or tion of the scnool board of the a grant under this part to VoInntatism. respect to which the grant isprovided, any expenditures for any portion of, anyBureau program. Such applications,and the education-related activities for which anyfunds that compose timing of such applications, shall bestrictly voluntary. Nothing in the grant may be used under thelaws described in section this part may be construed as allowing orrequiring any grant with 5205(a), including but not limited to,expenditures for any entity other than theentity to which the grant ieprovided. rthool operations, academic, educational,residential, (e) No EFFECT ON FEDERAL.RESPONSIBILITY.Granta provided guidance and counseling, and administrative purposes,and under this part shall not terminate,modify, suspend, or reauce the (ii) support services for theschool, including transpor- responsibility of the Federal Governmentto provide a program. tation. (11 RETROCESSION.Whenever anIndian tribe requests retroces- (B) Grants provided under this part may,at the discretion of sion of any program for whichassistance hi provided under this part, the school beard of the triballycontrolled school with respect to such retrocession shall becomeeffective upon A date specified by the which such grant is provided, be used todefray operation and Secretary not more than 120 days after thedate on which the tribe maintenance expe nditures for the schoolif any funds for the requests the retrscession, orsuch later date as may bemutually operation and maintenance of theschool are allocated to the agreed upon by the Secretary andthe tribe. If such a program is of the laws described in retroceded, the Secretary shall provide to anyIndian tribe eerved by school under the provisions of any and quality of services that section 5205(a). such program at lea.st the same quantity C) If funds allocated to a triballycontrolled school under would have been provided undersueh program at the level of chapter 1 of title I of the Elementaryand Secondary Education fundittg provided ender this part prier tothe retrocession. Act of 1965, the Education of theHandicapped Act, or any (g) No 'TERMINATION roil ADMINISTRATIVECONVENIENCE.Grants Federal education law other than titleXI of the Education provided under this Aet may notbe terminated, modified, sus- Amendments of 1978 are included in a grantprovided under pended, or reduced only for theconvenience of the administering this part, a portion of the grant equal tothe amount of the agency. funds allocated under such law shallbe expended only for those 25 USC 2504. activities for which funds providedunder such law may be SEC. 5205. (IMPOSITION 1W CHANTS. expended under the terms of such law. (a) IN GENERAL.The grantprovided undsr this part to an Indian tribe or tribal organization for anyfiscal year shall consist Dr (b)Lissil iTIONS. be provided under this part allocated for such fiscal year ( ) No more than one grant may ill the total amount or funds with respect to any Indian tribe ortribal organization for any under sections 1128 and 1128A of theEducation Amendments of 1978 with respect. to the triballycontrolled schools eligible for fiscal year. operated by such Indian (2) Funds provided under any grant:de under this part may assistance under this part that are including, but not limited to, funds not be used in connectionwith religiuus worship orsectarian tribe or tribal organization, instruction. 145
J ti 102 STAT. 388 PUBLIC LAW 100-297--APR. 28, 1988 PUBLIC LAW 100-297APR. 28, 1988 102 STAT. 389 provided under such sections, or under any other provision of law, for transportation costs, (C) is a school for which the Bureau has not provided funds, but which has met the requirements of subsection (c), (2) to the extent requested by such Indian tribeor tribal or organimtion, the total amount of funds provided fromoper- (D) is a school with respect to which an election has been ations and maintenance accounts and other facilitiesaccounts made under paragraph (2) and which has met the require- for such schools for such fiscal year under section 1126(d) of the ments of subsection (b). Education Amendments of 1978 or under any other law, and (2) Any application which has been submitted under the (3) the total amount of funds provided under Indian Self-Determination and Education Assistance Act byan (A) chapter 1 of title I of the Elementary and Secondary Indian tribe for a school which is not in operationon the date of Education Act of 1965, enactment of this Act shall he reviewed under the guidelines (B) the Education of the Handicapped Act, and and regulations for applications submitted under the Indian IC) an; :her Federal education law, Self-Determination and Education Assistance Act thatwere in that are allotated to such schools for such fiscal year. effect at the time the application was submitted, utiles/4 the (b) SPECIAL RULES. Indian tribe or tribal organization elects to nave the application ( 1 )In the allocation of fund 'r sections 1128, 1128A, and reviewed under the provisions of subsection (b). 1126(d) of the Education Aniendnients uf 1978, triballycon- BD ADDITIONAL REQUIREMENTS FOR BUREAU SCRUMAND CERTMN trolled schools for which grants sre provided under thispart ELECTING SCHOOLS. shall be treated as contract schools. /Any school that was operated as a Bureau schoolon the (2) In the allocation offundsprovided under date of enactment of this Act, and any school with respect to (A) chapter 1 of title I of the Elementary and Secondary which an election is made under subeection (aX2),meets the Education Act of 1965, requirements of this subsection if (B) the Education of the Handicapped Act, and (A) the Indian tribe or tribal organization that operates, (C) any other Federal education law, or desires to operate, the school submits to the Secretary an that aredistributedthrough the Bureau, tribally controlled application requesting that the Secretary schools for which grants are provide, under this part shall be (i) transfer operation of the school to the Indian tribe treated as Bureau achoola. or tribal organization, if the Indian tribe or tribal organization is not already operating the school, and (3),A) Funds allocated to a tribally controlled school byreason hi) make a determination of whether the school is of paragraph (1) or (2) shall be subject to the provisions of this eligible for assistance under this part, and part and shall not be subject to any additional restriction, (B) the Secretary makes a determination that the school priority, or limitation that is imposed by the Bureau with is eligible for asnistance under this part. respect to funds p, ,vided under (2)(A) Ity no later than the datethatis 120 days after the date (i) title I of the Elementary and Secondary Education Act on which an application is submitted to the Secretary under of 1965, paragraph (1 )(A), the Secretary shall determine (ii) the Education of the Handicapped Act, or (i ) if the school is not being operated by the Indian tribe (iii) any Federal education law other than title XI of the or tribal organization, whether to transfer operation of the Education Amendments of 1978. school to the Indian tribe or tribal taganization, and (B) Indian tribes and tribal organizations to which grants are (ii) whether the school is eligible for assistance under this provided undthis part, and tribally controlled schools for part. which such grants are provided, shall not be subject toany I t3) In considering applications submitted under paragraph requirements, obligations, r, Arictions, or limitations imposed (1)(A), the Secretary by the Bureau that would otherwise apply solely byreason of (i) shall transfer operation of the school to the Indian the receipt of funds provided under any law referred to in tribe or tribal organization, if the Indian tribeor tribal clause (i), (ii), or (iii) of subparagraph (A). organization is not already operating the school, and shall determine that the school is eligible for assist- 25 USC Z505 . SEC. 5206. ELIGIBILITY FORtittamts. ance under this part. (a)IN GLNERAL. unless the Secretary finds by clear and convincing evidence that /A tribally controlled sellout is eligible for assistance under the services to be provided by the Indian tribeor tiibal this part if the school organization win be deleterious to the welfare of the Indians (A) was, on the date of enactment of this Act, a school served by the school. which received funds under the authority of the Indian (C) in considering applications submiaed under paragraph Self-Determination and Education Assistance Act (25 U.S.C. (IM A), the Secretary shall consider whether the Indian tribeor 450, et seq.), tribal organization would be deficient in operating the school %kith respect ta 1/1) was a school operated (as either an elementary or (i) equipment, secondary school or a combined program) by the Bureau (ii) bookkeeping and accounting procedures, and has met the requirements of subsection (b), fiii) substantive knowledge of operating the school, 146 102 STAT. 390 PUBLIC LAW 100-297--APR. 28, 1988 PUBLIC LAW 100-297--APR. 28, 1988 102 STAT.al (iv) adequately trained personnel, or that the tribally controlled schoolis eligible for assistance (v) any other necessary components in the operation of under the title and the grant shall become effective 18 months the school. after the date on which the Secretery received the applicetion, IC) ADDITIONAL REQUIREMENTS FOR SCHOOLS THAT HAVE Nur RE- or an earlier date, at the Secretary's discretion. CEIVED BUREAU FuelDe. (d) APPLICATIONSAND REPORTS. (1) A school for which the Bereau has not provided funds (1) All applications and reports submitted to the Secretary meets the requirements of this subsection if under this part, and any amendments to such applications or (A) the Indian tribe or tribal organization that. operates, reports, shall be filed with the agency or area education officer or desires to operate, the school submit+, the Secretary an designated by the Director of the Office of Indian Education of application requesting a determination by the Secretary of the Department of Education. The date on which such filing whether the school is eligible for mistance under this part, occurs shall. for purposes of this part, be treated as the date on and which the application or amendment is submitted to the (B) the Secretary makes a determination that the school Secretary. is eligible for assistance under this part. (2) Any application that ia submitted under this part shall be (24A) By no later than the date that is 180 days after the date accompanied by a document indicating the action taken by the on which an application is submitted to the Secretary under tribal governing body in authorizing such application. paragraph (IXA), the Secretary shall determine whether the (e)EFFECTIVEDATEFOR APPROVEDAPPLICATIONS.ExCeptDBpro- school is eligible for assistance under this part. vided in subeection (cX2E), a grant provided under this part, and (B) In malting the determination under subparagraph (A), the any transfer of the operation of a Bureau school made under Secretary ehall give equal consideration to each of the following suection (b), shall become effective beginning with the academic factors: year succeeding the fiscal year in which the application for the (i) with respect to the applicant's proposal grant or transfer is made, or at an earlier date determined by the II) the adequacy of facilities or the potential to obtain Secretary. or provide adequate facilities; (0 DENIALOFAPPLICATIONS. 11l; geographic and demographic factors in the af- (1) Whenever the Secretary declines to provide a grant under fected areas; this part, to transfer operation of a Bureau school under subsec- (III) adequacy of applicant's program plans; tion (b), or determines that a school ib not eligible for assistance (IV) geographic proximity of comparable public edu- under this part, the Secretary shall cation; and (A) state the objections in writing to the tribe or tribal (V) the needs as expressed by all affected parties, organization within the allotted time, including but not limited to students, families, tribal (B) provide assistance to the tribe or tribal organization governments at both the central and local levels, and to overcome all stated objections, school organizations; and (C) provide the tribe or tribal organization a hearing, (n) with respect to all education services already avail- under the same rules and regulations that apply under the able Indian Self-Determination and Education Assistance Act, (I) geographic and demographic factors in the af- and fected areas; (D; provide an opportunity to appeal the objection raised. (II) adequacy and comparability of programs already (2) The Secretary shall reconsider any amended application available; submitted under this part within 60 days after the amended (lib consistency of available programs with triba! application is submitted to the Secretary. education codes or tribal legislation to education; and (g) ItErotte.The Bureau shall submit an annual report to the (IV) the history and success of these services for the Congress on all applications received, and actions taken (including proposed population to be served, as determined from the costs associated with such actions), under this section at the allfactors and not just stand3rdized examination same time that the President is required to submit to the Congress performance. the budget under section 1105 of title 31, United States Code. ICI The Secretary may not make a determination under this paragrtph that is primarily based upon the geographic proxim- sEe. 5207. DURATION Ole ELICIBILITY DETERMINATION. 25 USC 2506. ity of comparable public education. (a) IN GENERAL.If the Secretary determines that a tribally WIApplications submitted under paragraph (I XAl shall in- controlled schoolis eligible for assistance under this part, the clude information on the factors described in subparagraph eligibility determination shall remain in effect until the determina- (1W), but the applicant may also provide the Secretary such tion is revoked by the Secretary, and the requirements of subsection information relative to the factors described in subparagraph (b) or (c) of section 5206, if applicable, shall be considered to have Wm in as the applicant considers appropriate. been met with respect to such school until the eligibility determina- IF) If the Secretary fails to make a deterrnination under tion is revoked by the Secreuiry. subparagraph IA) with respect to an application within ISU days (b)ANNUALRE:KamEach recipient of a grant provided under after the date cn which the Secretary received the application, this part shall submit to the Secretary feet to the tribal governing the Secretary shall be treated as having made a determination body (within the meaning of section 1121i, uf the Education Amend-
147 102STAT, 392 PUBLIC LAW100-297APR. 28, 1988 PUBLIC LAW 100--297APR. 28,1988 102STAT.393
ments of 1978) of the tribally controlled school an annual report that (B) The choice of standards employed for purposes of subpara- shall be limited to graph (AXii) shall be consistent with section 1121(e) of the ( 1) an annual financial statement reporting revenue and Education Amendments of 1978. expenditures as defined by the cost accounting established by (2) The Secretary shall not revoke a determination that a the grantee; school is eligible for assistance under this part, or reassume (2) a biannual financial audit conducted pursuant to the control of a school that was a Bureau school prior to approval of standards of the Single Audit Act of 1984; an application submitted under section 5206(bX1)(A), until the (3) an annual submission to the Secretary of the number of SeCretary students served and a brief description of programs offered (A) provides notice to the tribally controlled school and under the grant; and the tribal governing body (within the meaning of section (4) a program evaluation conducted by an impartial entity, to 1121(j) of the Education Amendments of 1978) of the tribally be based on the standards established for purposes of subsection controlled school which states (c)(1)(A)(ii). (i) the specific deficiencies that led to the revocation (C) REVOCATION orELIGIBILITY. or resumption determination, and (IsA) The Secretary shall uot revoke a determination that a Oil the actions that are needad to remedy such defi- school is eligible for assistance under this part if ciencies, and (i) the Indian tribe or tribal organization submits the (B) affords such authority an opportunity to effect any reports required under subsection (b) with respect to the remedial actions. school, and The Secretary shall provide such technical assistance as is id) at least one of the following subclauses applies wiih necessary to effect such remedial actions, Such notice and respect to the school: technical assistance shall be in addition to a hearing and appeal (I) The school is certified or accred;ted by a Stec or to be conducted pursuant to the regulations described in section regional accrediting association as determined by the 520((fX1XC). Secretary of Education, or is a candidate in goad stand- ing for such accreditation under the rules of the State 5208. PAYMENT OF GRANTS; INVESTMENT OF FUNDS. 25 USC 2507. or regional accrediting association, showing that cred- (a) PAYMENTS. its achieved by students within the education programs are, or will be, accepted at grade level by a State (1) Fxcept as otherwise provided in this subsection, the Sec- certified or regionally accredited institution, retary shall make payments to grantees under this part in two (II) A determination made by the Secretary that payments: there is a reasonable expectation that tlw a%.reditation (A) one payment to be made no later than October 1 of described in subclause (I), or the caneidacy in good each fiscal year in an amount equal to one-half the amount standing for such accreditation, will be reached by the paid during the preceding fiscal year to the grantee or a school within 3 years and that the program offered by contractor that has elected to have the provisions of this the school is beneficial to the Indian students. part apply, and (III) The school is accredited by a tribal department (B) the second payment consisting of the remainder to of education if such accreditation is accepted a which the grantee or contractor is entitled for the fiscal generally recognized regional or State accreditatim year to be made by no later than January 1 of the fiscal agency. year. (IV) The school accepts the standards promulgated (2) For any school for which no payment was made under this under section 1121 of the Education Amendments of part in the preceding fiscal year, full payment of the amount 1978 and an evaluation of performance is conducted computed Ibr each fiscal year shall be made by January 1 of the under this section in conformance with the regulations fiscal year. pertaining to Bureau operated schools by an impartial (b) INVE.STMENT Or FUNDS. evaluator chosen by the grantee, but no grantee shall I 1 I Notwithstanding any other provision of law, any interest be required to cumply with these standards to a higher or investment income that accrues on any funds provided under degree than a comparable Bureau operated school. this part after such funds are paid to the Indian tribe or tribal (V) A positive evaluation of the school is conducted organization and before such funds are expended for the pur- once every 3 years under standards adopted by the pose ler which such funds were provided under this part shall contractor under a contract for a school entered into be the property of the Indian tribe or tribal organization and under the Indian Self-Determination and Education shall not be taken into account by any officer or employee of the Assistance Act prior to the date of enactment of this Fedenil Government in determining whether to provide assist- Act, such evaluation to be conducted by an impartial anc,_., or the amount of assistance, under any provision of evaluator agreed to by the Secretary and the grantee. Federal law. Upon failure to agree on such an evaluator, the guvern- (2) Funds provided under this part may be ing body of the tribe shall choose the evaluator or (A) invested by the Indian tribe or tribal organization perform the evaluation. only in obligations of the United States or in obligations or
1 48 I 102 STAT. 395 102 STAT. 394 PUBLIC LAW 100-297APR. 28, 1988 PUBLIC LAW 100-297APR. 28, 1988 securities that are guaranteed or insured by the United (2) The term "Indian tribe" means anylndien tribe, band, community, including any States, or nation, or other organized group or (B) deposited only into accounts that are insured by an Alaska Native Village or regional orvillage corporation (as agency or Mstrumentality of the UnitedStates. defined in or established pursuant tothe Alaskan Native Claims Settlement Act), which is recognized aseligible for the (c)REcOvERIELForthepurposesofunderrecoveryanti United States to overrecovery determinations by anyFederal agency for any other special programs and services provided by the funds, from whatever source derived, funds received under this part Indians because of their status as Indians. (3XA) The term "tribal organization" means shall not be taken into consideration. (i) the recognized governing body of anyIndian tribe, or of Indians 25 USC 2508. SEC. 5209. APPLICATION WITH RESPECT TO INDIAN SELF-DETERMINA. (ii)anylegallyestablishedorganization TION AND EDUCATION ASSISTANCE ACT. which provisions of (I) is controlled, sanctioned, orchartered by such (a)CERTAIN PROyisioNsToAPPLYToGRANTS.All governing body or is democraticallyelected by tho sections 5, 6, 7, 105, 109, and 110 of the IndianSelf-Determination adult members of the Indian community tobe served and Education Assistance Act (25 U.S.C. 450c, et seq.) except those by such organization, and provisions pertaining to indirect costs and length of contract, shall (ID includes the maximum participationof Indians in apply to grants provided under this part. all phases of its activities. (b) EtsarioNFOR GRANT IN LIEU OP CONTRACT... provided under this part to Contractors for activities to which this part applies who (B) In any case in which a grant is (1) an organization toperform services benefiting more than one have entered into a contract under the Indian Self-Determina- Indian tribe, the approval of the governingbodies of Indian tion and Education AssistanceActthat is in effect upon the tribes representing 80 percent of thosestudents attending the date of enactment of this Act may, by giving notice tothe tribally controlled school shall be considered asufficient tribal Secretary, elect to have the provisions of this part apply to such authorization for such grant. activity in lieu of such contract. (4) The term "Secretary" means theSecretary of the Interior. (2) Any election made under paragraph (1) shall take effect on (5) The term "tribally controlledschool" means a school, the later of operated by a tribe or a tribal organization,enrolling students (A) October 1 of the fiscal year succeeding the fiscal year in kindergarten through grade 12, includiugpreschools, which in which such election is made, or is not a local educational agencyand which is not directly (B) the date that is 60 days after the date of such election. administered by the Bureau of Indian Affairs. (c) NoDUPL1CATION.Nofunds may be provided under any con- (6) The term "a local educationalagency" means a public tract entered into under the IndianSelf-Determination and Edu- board of education or other publicauthority legally constituted cation Assistance Act to pay any expenses incurred inproviding any within a State for either administrativecontrol or direction of, program or service if a grant has beenmade under this part to pay or to perform a servicefunction for, public elementary or such expenses. secondary schoob in a city, county, township,school district, or other political subdivision of a State, orsuch combination nf 26 USC 2509. SEC. 5210. ROLE Or THE DIRECTOR. school districts or counties as arerecognized in a State as an Applications for grants under this part, and all applicationmodi- administrative agency for its public elementary orsecondary fications, shall be reviewed and approved by personnel under the schools. Such term includes any other publicinstitution or direction and control of the Director of the Office of Indian Edu- agency having administrativecontrol and direction of a public cation Programs. Required reports shall besubmitted to education elementary or secondary school. personnel under the directic i and control of the Directorof such (7) The term "Bureau" means theBureau cf Indian Affairs of Office. the Department of the Interior.
26 USC 2510. SEC. 5211. REGULATIONS. Indian PART CDEPARTMENT OF EDUCATION Education Act The Secretary is authorized to issue regulationsrelating to the of 1988. discharge of duties specifically assigned to theSecretary by this SEC. 5301. SHORT TIT1.E. USC 2601 part. In all other matters relating to thedetails of planning, devel- This part may be cited as the "IndianEducation Act of 1988". note. opment, implementing, and evaluating grantsunder this part, the Secretary shall not issue regulations. Regulations issued pursuantto for the Subpart 1Financial Assistance to LocalEducational Agencies this part shall not have the standing of a Federal statute for the Education of Indian Children purposes ofjudicial review. 26 USC 2601. 26 USC 2611. SEC. 5212, DEFINITIONS. SEC. 5311. DECLARATION OF POLICY. For purposes of this part In recognition of the specialeducational and culturally related (1) The term "eligible Indian student" has themeaning of academic needs of Indian students in theUnited States, Congress Amendments of hereby declares it to be the policyof the United States to provide such term in section 1128(f) of the Education agencies to develop and 1978 (25 U.S.C. 20080. financial assistance to local educational
, 1 49 102 STAT. 396 PUBLIC LAW 100-297APR. 28, 1988 PUBLIC LAW 100-297APR. 28, 1988 102 STAT. 397 carry out elementary and secondary school programs specially de- signed to meet these special educational and culturally related Oil the aggregate number of children whowere in aver- academic needs, or both. age daily attendance for whom such agencies provided free public education during such preceding fiscalyear. 25 USC 254.12. SEC. 5312. GRANTS TO LOCAL EDUCATIONAL AGEN(IES. (3)(A) The first fiscal year for which schools operatedby the (a) IN GENERAL.The Secretary shall, in order to effectuate the Bureau of Indian Affairs of the Department of theInterior shall policy set forth in section 5311, carry out a program of making be treated as local educational agencies for thepurposes of this grants to local educational agencies which are entitled to payments subpart (other than sections 5314(b)(2)(B)611 and 5315(cX2))is the under this subpart and which have submitted, and have had ap- first fiscal year beginning after the date ofenactment of this proved, applications therefor, in accordance with the provisions of Act for which the amount of funds appropriated forallocation under this subsection equals or exceeds the amountof funds this subpart. that, if such schools are not treated (b) AMOUNT OF GRANTS. as local educational agen- MA) For any fiscal year for which appropriations are au- cies, is necessary to allocate under paragraph (2) (determined thorized under section 5316 of this Act, the Secretary shall without regard to subparagraph (11)) to each localeducational determine the number of eligible Indian children who were agency which has an application approved under this subpart for such fiscal year an amount of funds for each eligibleIndian enrolled in the schools of a local educational agency, and for child equal to the sum of- whom such agency provided free public education, during such 00 the average amount of funds per eligible Indian child fiscal year. that was received by such local educationalagency for fiscal (B) For purposes of this subpart, the term "eligible Indian year 1988 under section 303(aX2) of the Indian Elementary children" means Indian children whom the Secretary has deter- and Secondary School Assistance Act (20 U.S.C. 241bb(aX2)), mined plus (i) were enrolled in a school of the local educational (ii) 2 percent of the amount described in clause (i). agency, and (13)(i) Notwithstanding any other provision of this subpart,foe nil were provided free public education by the local edu- each fiscal year to which this clause applies cational agency. (1) paragraph (2) shall first be applied to allocatethe (2)(A) From the sums appropriated under section 5316(a) for portion of the funds appropriated for such fiscalyear for any fiscal year, the Secretary shall allocate to each local edu . allocation unde. this subsection that doesnot exceed the cational agency which has an application approved under this amount determined to be necessary under subparagraph subpart an amount which bears the same ratio to such sums as (A) among only thoselocal educationalagencies that theproductof received funds under section 303(aX2) of the IndianEle- (i) the number of eligible Indian children, multiplied by mentary and Secondary School Assistance Act (20 U.S.0 nil the average per pupil expenditure per local edu- 241bb(a)(2)) for fiscal year 1988, and cational agency, (II) paragraph (2) shall then be applied to allocatethe bears to the sum of such products for all such local educational remaining portion (if any) of the funds appropriatedfor agencies. such fiscal year for allocation under this subsectionamong (B) A local educational agency shall not be entitled to receive only thoee local educational agencies thatare schools oper- a grant under this subpart for any fiscal year unless the number ated by the Bureau of Indian Affairs. of eligible Indian children, with mpect to such agency, is at Clause (i) applies to the first fiscalyear described in least 10 or constitutes at least 50 percent of its total enrollment. subparagraph (A), and each succeeding fiscalyear, until the The requiremenis of this subparagraph shall not apply to any amount of funds appropriated for allocation under th ':. subsec- local educational agencies serving Indian children in Alaska, tion for any fiscal year beginning after the date of enactmentof California, and Oklahoma or located on, or in proximity to, an this Act equals or exceeds the amount of funds that,if all Indian reservation. schools operatedbythe Bureau of Indian Affairs are treatedas (C) For the purposes of this subsection, the averageper pupil local educational agencies, is necessary to allocate underpara- expenditure for a local educational agency is equal to the graph (2) (determined without regard to clause (i)lto each local amount determined by dividing educational agency which has an application approvedunder (i) the sum of this subpart for such fiscal yearan amount of funds for each (1) the aggregate current expenditures, during the eligible Indian child equal to the sum of- second fiscal year preceding the fiscal year for which 11) the average amount of fundsper eligible Indian the computation is made, of all of the local educational child that was received by such local educational agencies in the State in which such agency is located, agency for fiscal year 1988 under the Indian Ele- plus mentary and Secondary School Assistance Act, plus (11) any direct current expenditures by such State for (11) 2 percent of the amount described in subclause (I). the operation of such agencies (without regard to the IdGRANTS TO SCHOOLS THAT ARE NOT,OR HAVE NOT BEEN, LOCAL sources of funds from which either of such expendi- EDUCATIONAL AGENCIES. tures are made), by ( In addition to the sums appropriated forany fiscal year for grants to local educational agencies under this subpart, thereis 150 074 4 , ki 102 STA'r. 398 PUBLIC LAW 100-297APR, 28, 1988 PUBLIC LAW 100-20APR. 28, 1988 102 STAT. 399 hereby authorized to be appropriated for any fiscal year an (3) in the case of an application for payments for planning, amount not in excess of 10 percent of the amount appropriated provide that for payments on the basis of entitlements computed under (A) the planning wa.1 or will be directly related to pro- subsection (b) for that fiscal year, for the purpose of enabling grams or projects to be carried out under this subpart and the Secretary to provide financial assistance in accordance with has resulted, or is reasonably likely to result, in a program the provisions of this subpart to schools or project which will be carried out under this subpart, and (A) which are located on or near reservations; and (B) the planning funds are needed because of the innova- (B) which tive nature of the program or project or because the local (i) are not local educational agencies, or educational agency lacks the resources necessary to plan (ii) have not been local educational agencies for more adequately for programs and projects to be carried out than 3 years. under this subpart; California. (2) The requirements of clause (A) of paragraph (1) shall not (4) provide that effective procedures, including provisions for Oklahoma. apply to any school serving Indian children in California, Okla- appropriate objective measurement of educational achievement, Alaska. homa, or Alaska will be adopted for evaluating at least annually the effective- (d)GRANTS POR DEMONSTRATIONPROJECTSin addition to the ness of the programs and projects in meeting the special edu- sums appropriated for any fiscal year for grants to local educational cational nftds of Indian students; agencies under this subpart, there is hereby authorized to be appro- (5) set forth policies and procedures which assure that Federal priated for any fiscal year an amount not in excess of 10 percent of funds made available under this subpart for any fiscal year will the amount appropriated for payments of entitlements computed be so used as to supplement and, to the extent practical, in- under subsection (b) for that fiscal year, for the purpose of enabling crease the level of funds that would, in the absence of such the Secretary to make grants on a competitive basis to local edu- Federal funds, be made available by the applicant for the cational agencies to support demonstration projects and programs education of Indian children and in no case supplant such which are designed to plan for and improve educational opportuni- funds; ties for Indian children, except that the Secretary shall reserve a (6) provide for such fiscal control and fund accounting proce- portion not to exceed 25 percent of such funds to make grants for dures as may be necessary to assure proper disbursement of, demonstration projects examining the special educational and cul- and accounting for, Federal funds paid to the applicant under turally related academic needs that arise in school districts with this subpart; and high concentrationa of Indian children. (7) provide for making an annual report and such otherReports. reports, in such form and containing such information, as theRecords. 25 USC 2603. SE('. 5313. USESOF FEDERAL FUNDS. Secretary may reasonably require to carry out his functions Grants under this subpart may be used, in accordance with under this subpart and to determine the extent to which funds applications approved under section 5314, for provided under this subpart have been effective in improving (1) planning and development of programs specifically de- the educational opportunities of Indian students in the area signed to meet the special educational or culturally related served, and for the keeping of such records, and the affording of academic needs, or both, of Indian children, including pilot such access thereto, as the Secretary may find necessary to projects designed to test the effectiveness of plans so developed; assure the correctness and verification of such reports. (2) the establishment, maintenance, and operation of such (b)APPROVAL Or APPLICATIONS.Anapplication by a 10Cal edu- programs, including, in accordance with regulations of the Sec- cational agency or agencies for a grant under thia subpart may be retary, minor remodeling of classroom or other space used for approved only if it is consistent with the applicable provisions of this such programs and acquisition of necessary equipment; and subpart and (3) the training of counselors at schools eligible to receive (1) meets the requirements set forth in subsection (a); funds under this subpart in counseling techniques relevant to (2) provides that the program or project for which application the treatment of alcohol and substance abuse. is made (A) will utilize the best available talents and resources 25 USC 2604 SEC. 53i4.APPI,ICATIONS FOR GRANTS; CONDITIONS FOR APPROVAL. (including persons from the Indian community) and will (a) IN GENERALA grant provided under this subpart, except as substantially increase the educational opportunities of provided in section 5312(b), may be made only to a local educational Indian children in the area to be served by the applicant; agency ur agencies, and only upon application to the Secretary at and such time or times, in such manner, and containing or accompanied (fI) has been developed by such information as the Secretary deems necessary. Such applica- (i) in open consultation with parents of Indian chil- tion shall dren, teachers, and, where applicable, secondary school (1) provide that the activities and services for which assist- students, including public hearings at which such per ance under this subpart is sought will be administered by or sons have had a full opportunity to understand the under the supervision of the applicant; program far which assistance is being sought and to (2) set forth a program for carrying out the purposes of section offer recommendations thereon, and 5313, and provide for such methods of administration as are (ii) with the participation and written approval of a necessary for the proper and efficient operation of the program; committee
151
I 1 , ,J 102 STAT. 400 PUBLIC LAW 100-D7APR. 28, 198F PUBLIC LAW 100-297APR. 28, 1988 102 STAT. 401
(I) which is composed of, and selected by, parents (4) The forms and the standards of proof (including the stand- of children particirating in the program for which ard of good faith compliance) that were in use during the 1985- assistanceisaought, teachers,and,where 1986 academic year to establish a child's eligibility for entitle- applicable, secondary school students, and ment under the Indian Elementary and Secondary School (11) of which at lead half the members shall be Assistance Act shall be the only forms and standards of proof parents described in subclause (1); used to establish such eligibility and to meet the requirements (3) sets forth such policies and procedures including policies of paragraph (1) after the date of enactment of this Act. and procedures relating to the hiring of personnel,as will (5) For purpoees or determining whether a child is an eligible ensure that the program for which assistance is sought will be Indian child, the membership of the child, or any parent or operated and evaluated in consultation with, and with the grandparent of the child, in a tribe, band, or other organized involvement of, parents of the children and representatives of group of Indians may be established by proof other than an the area to be served, including the committee established for the purposes of paragraph (21(B)(ii); and enrollment number, even if enrollment numbers for members of (4) provides that the parent committee formed pursuant to such tribe, band, or groups are available. Nothing in paragraph paragraph (2)113)(ii) will adopt and abide by reasonable bylaws (2) may be construed as requiring the furnishing of enrollment for the conduct of the program for which aasistance is sought. numbers. (C) AMENDMENTS or APPLICATIONS.Arnendments of applications (e) AUDITING; PENALTITai FOR FALSE INFORMATION. submitted under this subpart shall, except as the Secretarymay 11 NA) The Secretary shall establish a method of auditing, onReports. otherwise provide by regulation, be subject to approval in thesame an annual basis, a sample of not kw than one-fourth of the total manner an original applications. number of local education agencies receiving funds under this (d) ELIGIBILITY FORMS. subpart and shall submit to the Congress an annual report on The Secretary shall require that each application fora the findings of the audits. grant under this subpart for each fiscal year include a form for (B) For purposes of any audit conducted by the Federal eech eligible Indian child for whom the local educational agency Government with respect to funds provide under this subpart, is providing free public education that sets forth information all procedures, practices, and policies that are established by establishing the status of the child as an eligible Indian child. (i) the Office of Indian Education of the Department of (2) The Secretary shall request on the form required under Education, or paragraph (1) at least the following information: (ii) a grantee under this subpart who, in establishing such (A) either procedures, practices, and policies, was acting under the (i) the name of the tribe, band, or other organivid direction of any employee of such Office that is authorized group of Indians with which the child claims member- by the Director of such Office to provide such direction, ship, along with the enrollment number establishing shall, with respect to the period beginning on the date of the membership (if readily available), and the name and establishment of such procedures, practices, and policies, and address of the organization which has updated and ending on the date (if any) on which the Director of such Office accurate membership data for such tribe, band, or revokes authorization for such procedures, practices, and poli- other organized group of Indians, or cies, be considered appropriate and acceptable procedures, prac- (ii) if the child is not a eember of a tribe, band, or tices, and policies which are in conformity with Federal law. other organized group of I. ns, the name, the enroll- (C) No local education agency may be held liable to the ment number (if readily av 'e) and the organization United States, or be otherwise penalized, by reason of the (and address thereof) res ibleformaintaining findings of any audit conducted before the date of enactment of updated and accurate membership rolls of any of the this Act that child's parents or grandparents, from whom the child claims eligibility; (i) relate to the date of completion, or the date of submis- (II) whether the tribe, band, or other organized group of sion, of any lerms used to establish a child's eligibility for Indians with which the applicant, his parents, or grand- entitlement under the Indian Elementary and Secondary parents claim membership is federally recognized; School Assistance Act, and (C) the name and addrese of the parent or legal guardian; (n) are the subject of any administrative or judicial (D) the signature of the parent or legal guardian verifying proceeding pending on the date of enactment of this Act. the accuracy of the information supplied; and (2) Any local educ i. tional agency that provides false informa- (E) any other information which the Secretary deems tion in the application for a grant under this subpart shall be necessary to provide an accurate program profile. ineligible to apply fur any other grants under this subpart and (3) Notaing in the requirements of paragraph (2) may be shall be liable to the United States for any funds provided under construed as affecting the definition set forth in section 5351(4). this subpart that have nut been expended. The failuiof an applicant to furnish any information listed in (3) Any student who provides false information on the form paragraph (.)) with respect to any child shall have no bearing on required under subsection (d)(1) may nut be taken into account the determination of whether the child is an eligible Indian in determining the amount of any grant under this subpart.
152 19-139 0 - 118 10 (M) k. 102 STAT. 403 102 STAT. 402 PUBLIC LAW 100-297APR. 28, 1988 PUBLIC LAW 100-297APR. 28, 1988
Grants. SEC. 5315. PAYMENTS. Subpart 2Special Programs and Projects to Improve 26 USC 2605. Educaticaal Opportunities for Indian Children (a) IN GXNXRAL The Secretary shall, subject to the provisionsof section 5316, from time-to-time pay to each local educational agency SEC. 5321. IMPROVEm1.ft6 or EDUCATIONAL OPPORTUNITIES FOR 25 USC 2621. which has had an arplication approved under section 5314, an INDIAN Ch. 1 OREN. amount equal to the amount estimated to beexpended by such agency in carrying out activities under suchapplication. (a) IN GENERALThe Secretary shall carry out a programof (b) DENIALOFParsorasIFPAYMKNTS TAKEN INT° ACCOUNTSY making grants for the improve:pent of educational opportunities for STATENopayments shall be made under this subpa for any Indian children fiscal year ta any local educational agency in a State which has (1) to support planning, pilot, and demonstration projects, in taken into consideration payments under this subpart in determin- accordance with subeeeion (b), which are designed to test and ing the eligibility of such local educational agency in thatState for demonstrate the effectiveness of programs for improving edu- State aid, or the amount of that aid, with respect to thefree public cational opportunities for Indian children; education of children during that year or the preceding fiscal year. (2) to assist in the establishment and operation of programs, in accordance with subsection (c), whieh %tre designed to stimu- (c) RIDUCTION FOR FAILURKToMAINTAIN FISCALEFFORT. "(1) Except as provided in paragraph(2),a local educational late-- agency may receive funds under this subpartfor any fiscal year (A) the provision or edu, e*.cinal services not available to only if the State educational agency finds that either the com- Indian children in milieu-it quantity or quality, and bined field effort per student or the aggregate expendits.esof (B) the development13"4.tstablishment of exemplary edu- that agency and the State with respect to the provisionof free cational programs to ser-e as models for regular school public education by that agency for the preceding fisc d year programs in which Indian children are educated; was not lees than 90 percent of suchcombined fiscal uffort or (3) to (Assist in the establishment and operation of preservice aggregate expenditures for the aecond preceding fiscal year. and lar-er.,..e training programs, in accordance with subeection (d!, for persons serving Indian children as educational person- "(2)The State educational agency shall reduce the amountof the allocation of funds under this subpart in anyfiscal year in ncand the exact proportion to which a local educational agencyfails to (4) t 'courage the dissemination of information and mate- meet the requirement of paragraph (1) byfalling below 90 rials, .ting to, and the evaluation of the effectiveness of, percent of both the combined fiscal effort perstudent and edix:ation programs which may offer educational opportunities favorable to to Indian children. aggregate expenditures (using the measure moot (to DEMONSTRATION PROJECTS.The Secretary is authorized to such local agency), and no such lesser amount shallbe used for computing the effort required under paragraph (1) for subee- make grants to State and local educational agencies, federally sup- ported elementary and r-vondary schools for Indian children and to quent years. "(3) The State educational agency may waive, for 1 fiscal year Indian tribes, Indian organizations, and Indian institutions to sup- State edu- port planning, pilot, and demonstration projects which aredesignee only, the requirements of this subsection if the of, programs cational agency determines that such a waiverwould be equi- to plan for, and test and demonstrate the effectiveness improving educationalopportunitiesforIndianchildren, table due to exceptional or uncontrollable circumstancessuch for and unforeseen decline in including as a natural disaster or a precipitous (1) innovative programs related to the educational needsof the financial resources of the local educational agency. educationally deprived children; 25 USC 2606. SEC. 531s. AUTHORIZATION OF APPROPRIATIONS; ADJUSTMENTS. (2) bilingual and bicultural education programs and projects; under this (3) special health and nutrition services, and other related (a) IN GENERALFor the purpoee of making payments activities, which meet the special health, social, and psycho- subpart, there are authorized to be appropriated logical problems of Indian children; and (1) for fiscal year 1988, $70,000,000, and and 1993, (4) coordination of the operation of other federally assisted (2)for each of the fiscal years 1989, 1990, 1991, 1992, programs which may be used to assist in meeting theneeds of such sums as may be necessary. (b) RRALLOCATIONs.The Secretary may reallocate,insuch such children. (C) SERVICES AND PROGRAMS To IMPROVE EDUCATIONALOPPORTUNI- manner as will best assist in advancingthe purposes of this subpart, determines, based upon estimates TIES. any amount which the Secretary 11) The Secretary is authorized to make grants to State and made by local educational agencies, will notbe needed by any such local educational agencies and to tribal and other Indian agency to carry out its approvedproject. community organizations to aasist them in developing and establishing educational services and programs specifically de- signed to improve educational opportunities for Indian children. Such grants may be used (A) to provide educational services not available to such children in sufficient quantity or quality, including- t u BEST tie MAKE 102 STAT. 404 PUBLIC LAW 100-297APR. 28, 1988 PUBLIC LAW 100-297APR. 28, 1988 102 STAT. 405
(i) remedial and compensatory instruction, school tracts with private institutions and organizations, to establish, health, physical education, psychological, and other on a regional basis, information centers to services designed to assist and encourage Indian chi!. (A) evaluate programs assisted under this Act and under dren to enter, remain in, or reenter elementary or other Indian education programs in order to determine secondary school; their effectiveness in meeting the special educational and Oil comprehensive academic and vocational instruc- culturally related academic needs of Indian children and tion; adults and to conduct research to determine those needs; (iH) instructional materials (such as library books, (13) provide technical assistance upon request to local textbooks, and other printed, published, or audiovisual educational agencies and Indian tribes, Indian organize. materials) and equipment; tions, Indian institutions, and parent committees created (iv) comprehensive guidance, counseling, and testing pursuant to section 531411020MM in evaluating and carry- services; ing out programs assisted under this Act, through the (v) special education programs for handicapped and provision of materials and personnel resources; and gifted and talented Indian children; ICI disseminate information upon request to the parties Public Nil early childhood program% including kinder- described in subparagraph (13) concerning all Federal edu- information garten; cation programs which affect the education of Indian chil- (vii) bilingual and bicultural education programs; dren and adults,including information onsuccessful and models and programa designed to meet the special edu- (viii) other services which meet the purposes of this cational needs of Indian children. subsection; and (2) Grants or contracts made under this subsection may beCmtructs. (13) to establish and operate exemplary and innovative made for a term not to exceed 3 years and may be renewed for educational programs and centers, involving new edu- additional 3-year terms if provision is made to ensure annual cational approaches, methods, and techniques designed to review of the projects. CO From funds appropriated under the authority of subsectionContracts enrich programs of elementary and secondary education for (g)(1), the Secretary is authorized to make grants to, and to Indian children. enter into contracts with, Indian tribes, Indian institutions, and (2) In addition to the grants provided under paragraph (1), the Indian organizations, and public agencies and institutions for Secretary is authorized to provide grants to consortia of Indian (A) the national dissemination of information concerning tribes or tribal organizations, local educational agencies, and education programs, services, and resources available to institutions of higher education for the purpose of developing, Indian children, including evaluations thereof; and improving, and implementing a program of (B) the evaluation of the effectiveness of federally assisted (A) encouraging Indian students to acquire a higher edu- programs in which Indian children may participate in cation, and achieving the purposes of such programs with respect to (h) reducing the incidence of dropouts among elementary such children. and secondary school students. (4) The sum of the grants made u uler this subsection to State (d)TRAINING. educational agencies for any fiscal year shall not exceed 15 (1)The Secretary is authorized to make grants to institutions percent of the total amount of funds appropriated for the of higher education and to State and local educational agencies, provision of grants under this subsection for such fiscal year. in combination with institutions of higher education, for carry- lin APPLICATIONS MR GRANTS.-- ing out programs and projects 11)Applications for a grant under this secthn shall be submit- (A) to prepare persons to serve Indian students as ted at such time, in such manner, and shall contain such teachers, administrators, teacher aides, social workers, and information, and shall be consistent with such criteria, as may ancillary educational personnel; and be required under regulations prescribed by the Secretary. Such (B) to improve the qualifications of such persons who are applications shall. serving Indian students in such capacities. (A) set forth a statement describing the activities for (2) Grants made under this subsection may be used for the which assistance is sought; establishment of fellowship programs leading to an advanced (B) in the case of an application for a grant under subsec- degree, for institutes and, as part of a continuing program, for tion (c)--. seminars, symposia, workshops, and conferences. subject to such criteria as the Secretary shall (3) In programs funded by grants authorized under this prescribe, provide for tiubsection, preference shall bejiven to the training of Indians. (I) the use of funds available under this section, le) GRANTSroilEVALUATION AND TECHNICAL ASSISTANCE. and (1)The Secretary is authorized to make grants to, and to enter (Il) the coordination of other resources available into contracts with, public agencies, State educational agencies to the applicant, in States in which more than 5,000 Indian children are enrolled in order to ensure that, within the scope of the purpose ii public elementary and secondary schools, Indian tribes, of the project, there will be a comprehensive program Indian institutiona, ond Indian organizations. and to make con- to achieve the purposes of this section, and
145,4 102 STAT. 406 PUBLIC LAW 100-297APR. 28, 1988 PUBLIC LAW 100-297APR. 28, 1988 102 STAT. 407
(ii) provide for the training of personnel participating (h) FELLOWSHIPS AND TRAINEESHIPS. in the project; and ) In carrying out the provisions of this section, the Secretary Contracts. (C) provicle fen- an evaluation of the effectiveness/ of the is authorized to award fellowships and traineeships to individ- project in achieving its purpose and the purposes of this uals and to make grants to, and to enter into contracts with, section. institutions of higher education, Indian orgaMzations, and (2)(A) The Secretary may approve an application for a grant Indian tribes for the costa of education allowances. under subsection (b), (c), or (d) only if the Secretary is satisfied (2) In awarding fellowships and traineeships under this that such application, and anydocumentsubmitted with respect subsection, the Secretary shall give preference to Indians. thereto-- (3) In the case of traineeships and fellowships, the Secretary is (i) demonstrate that-- authorized to grant stipends to, and allowances for dependents (I) there has been adequate participation by the par- of, persons receiving traineeships and fellowships. ents of the children to be served and tribal commu- (c) AUTHORIZATION Or APPROPIHATIONS.There are authorized to nities in the planning and development of the project, be appropriated for each fiscal year ending prior to October 1, 1993, and such sums as may be necesaary to carry out the provisions of this (II) there will be such participation in the operation section. and evaluation of the project, and SEC. 5323. FELIAMSHIPS FOR INDIAN STUDENTS. 25 USC 2623. ii provide for the participation, on an equitable basis, of eligible Indian children (a) IN GENERALDuring each fiscal year ending prior to October (I) who reside in the area to be served, 1, 1993, the Secretary is authorized to award fellowships to be used (II) who are enrolled in private nonprofit elementary for study in graduate and professional ifrograms at institutions of and secondary schools, and higher education. Such fellowships shall be awarded to Indian stu- (III) whose needs are of the type which the program dents in order to enable them to pursue a course or study of not is intended to meet, more than 4 academic years leading toward a post baccalaureate to the extent consistent with the number of such children. degree in medicine, clinical psychology, psychology, law, education, (B) In approving applications under this section, the Secretary and related fields or leading to an undergraduate or graduate degree shall give priority to applications from Indian educational agen- in engineering, business administration, natural resources, and cies, organizations, and institutions. related fields. (3) The Secretary may approve an application for a grant (b) STIPENDS.The Secretary shall pay to persons awarded fellow- under subsection (e) only if the Secretary is satisfied that the ships under subsection (a) such stipends (including such allowances funds made available under that subsection will be used to for subsistence of such persons and their dependents) as he may supplement the level of funds from State, local, and other determine to be consistent with prevailing practices under com- Federal sources that would, in the absence of Federal funds parable federally supported programs. provided under that subsection, be made available by the State te) PAYMENTS TO INSTITUTIONS IN LIEU Or TUITION.The Secretary or local educational agency for the activities descriW in that shall pay to the institution of higher education at which the holder subsection, and in no case will be used to supplant those funds. of a fellowship awarded under subsection (a) is pursuing a course of (g) AUTHORIZATION Or APPROPRIATION/L study, in lieu of tuition charged such holder, such amounts as the ID For the purpose of making grants under the provisions of Secretary may determine to be necessary to cover the cost of edu- this section, there are authorized to be appiopriated $35,000,000 cation provided the holder of such a fellowship. for each fiscal year ending prior to October 1, 1993. (d) SPECIAL ROLM (2) For the purpose of making grants under subsection (014 ( 1) The Secretary may, if a fellowship awarded under subsec . there are authorized to be appropriated $8,000,000 for each of tion (a) is vacated prior to the end of the period for which it was the fiscal years ending prior to October 1, 1993. awarded, award an additional fellowship for the remainder of such period. aôUSC 2522. SEC. 5222. SPECIAL EDUCATIONAL TRAINING PROGRAMS FOR THE (2) By no later than the date that is 45 days before the TEACHERS OF INDIAN CHILDREN. commencement of an academic term, the Secretary shall pro- Contracts. 111/ IN GENERAL. vide to each individual who is awarded a fellowship under ID The Secretary is authorized to make grants to, and enter subsection (a) for such academic term written notice of the into contracts with, institutions of higher education, Indian amount. of such fellowship and of any stipends or other pay- organizations, and Indian tribes for the purpose of ments that will be made under this section to, or for the benefit (A) preparing individuals for teaching or administeriug of, such individual for such academic term. special programs and projects designed to meet the special (3) Not more than 10 percent of the fellowships awarded educational needs of Indian people, and under subsection (a) shall be awarded, on a priority basis, to (B) providing in-service training for persons teaching in persons receiving training in guidance counseling with aspo., such programs. cialty in the area of alcohol and substance abase counseling and (2) Priority shall be given in the awarding of grants, and in education. the entering into of contracts, under subsection (a) to Indian (e) AUTHORIZATION OP' APPROPRIAT1ONS.There are authorized to institutions and organizations. be appropriated for fiscal year 1989, and for each of the 4 succeeding j STAT. 408 PUBLIC LAW 100-297APR. 28, 1988 PUBLIC LAW 100-297APR. 28, 1988 102 STAT. 409
fiscal years, such sums as may be necessary to carry out the provision of those support services to thels families that are provisions of this section. needed to enable such children to benefit from the project. 25 USC 2624. SEC. 5324. GIFTED AND TALENTED. (C) ADDITIONAL GRANTS. (1) The Secretaty, in consultation with the Secretary of the (8) ESTABLISHMENT OF CENTERS.TheSecretary shall establish 2 tribally controlled Interior, shall provide 5 granta to schools that are Bureau centers for gifted and talented Indian studenta at funded schools for program research and development regard- community colleges. ing, and the development and dissemination of curriculum and Contracts. (b) DEMONSTRATION PROJECTS. teacher training material regarding (1) The Secretary shall award separate granta to, or enter into (A) gifted and talented studenta, contracts with (B) college preparatory studies (including programs for (A) 2 tribally controlled community colleges that Con- Indisn studenta interested in teaching careers), (1) are eligible for funding under the Tribally (C) students with special culturally related academic trolled Community College Assistance Act of 1978, and needs, including social, lingual, and cultural needs, and (ii) are fully accredited, or (13) if acceptable applications are not submitted to the (D) math and science education. (2) Applications for the grants provided under paragraph (1) Secretary by 2 of such colleges, the American Indian shall be submitted to the Secretary in such form and at such Higher Education Qmsortium, for time as the Secretary may prescribe. Applications for such for the establishment of centers under subsection (a) and grants by Bureau schools, and the administration of any of such demonsteation projecta designed to address the special needsof Indian students in elementary and secondary schools who are granta made to a Bureau school, shall be undertaken jointly by gifted and talented and to provide those support services to the supervisor of the Bureau school and the local school hoard. benefit (3) Grants may be provided under paragraph a) for one or their families that are needed to enable the studenta to more activities described in paragraph (1).. frum the project. whom a (4) In providing grants under paragraph (1), the Secretary Children's (2) Any person to whom a grant is made, or with shall Television contract is entered into, under paragraph (1) may enterinto a Network. Children's Tele- (A) achieve a mixture of programs described in paragraph contract with any other persons, including the (1) which ensures that students at all grade levels and in all vision Workshop, for the purpose of carrying outthe demonstra- which the geographic areas of the United States are able to partici- tion projects for which such grant was awarded or for pate in some programs funded by grants provided under contract was entered into by the Secretary. this subsection, and (3) Demonstration projects funded under this section may (B) ensure that a definition of the term "gifted and include talented student" for purposes of this section and section (A) ene identification of the special needsof gifted and talented students, particularly at the elementaryschool 1128(cX1XAXii) of the Education Amendments of 1978 is level, with attention to the emotional and psychosocial developed as soon as possible. needs of these students and to the provision of those sup- (5) Subject to the availability of appropriated funds, granta needed to enable provided under paragraph (1) shall be made for a 3-year period port services to their families that are and may be renewed by the Secretary for additional 9-year these studenta to benefit from the project; riods if performance by the grantee is satisfactory to the (13) the conduct of educational, psychosocial,and devel- of retary. opmental activities whiel hold reasonable promise (6XA) The dissemination of any materials developed from resulting in substantial progress toward meetingthe edu- includ- activities funded by granta provided under paragraph (1) shall cational needs of such gifted and talented children, be carried out in cooperation with institutions receiving funds ing, but not limited to, demonstrating andexploring the use tradi- under subsection (b). of Indian languages and exposure to Indian cultural (B) The Secretary shall report to the Secretary of the Interior Reports tions; and to the Congress any results from activities druicribed in (C) the provision of technical assistance andthe coordina- tion of activities at schools which receive grantaunder paragraph (4)(13). by such IIXA1 The costa of evaluating any activities funded by granta subsection Id1 with respect to the activities funded made under paragraph (1) shall be divided between the school grants, the evaluation of programs at suchschools funded such evaluations; conducting ouch activities and the evaluator. by such grants, or the dissemination of Contracts. (D) the use of public television in meetingthe special WI If no funds are provided under subsection (b) for children; (1) the evaluation of activities funded by grants made educational needs of such gifted and talented under paragraph al, (El leadership programs designed to replicate programs (H) technical assistance and coordination with respect to for such children throughout the United States,mcluding the dem- such activitiil, or the dissemination of information derived from dissemination of such evaluations, onstration projects conducted under this section; and the Secretary shall, by grant or through contract, provide for (F) appropriate research, evaluation, andrelated activi- and to the suchevaluations,technicalassistance,coordination,and ties pertaining to the needs of ouch children dissemination.
156 J " PUBLIC LAW 100-297APR. 28, 1988 102 STAT. 411 102 STAT. 410 PUBLIC LAW 1)0-297--APR. 28, 1988
(d) INFORMATION Nerwortit.TheSecretary shall encourage per- (d) APPLICATIONS. - sons to whom a grant is made, orwith whom a contract is entered (1) Applications for a grant under this section shall be submit- into, under this section to work cooperatively as anational network ted at such time, in such manner, contain such information, and so that the informationdeveloped by such persons is readily avail- be consistent with such criteria, as may be required under able to the entire educational community. regulations prescribed by the Secretary. Such applications (e) AUTHORIZATION OFAPPROPRIATIONS.There are authorized to shall be appropriated $3,000,000 for each ofthe fiscal years 1988, 1989, (A) set forth a statement describing the activities for 1990, 1991, 1992, and 1993 for the purposeof carrying out the which assistance is sought; and provisions of this section. Such sums shallremain available until (B) provide for an evaluation of the effectiveness of the expended. project in achieving its purposes and those of this section. (2) The Secretary shall not approve an application for a grant Subpart 3Special Programs Relating toAdult Education for under subsection (a) unless he is satisfied that such application, Grants. and any documents submitted with respect thereto, indicate Indians that OPPORTUNITIES FOR ADULT (A) there has been adequate participation by the individ- 25 USC 2631, SEC. 5330. IMPROVEMENT OF EDUCATIONAL INDIANS. uals to be served and tribal communities in the planning and development of the project, and (a) IN GENERALTh Secretary shall carryout a program of educational agencies and to (B) there will be such a participation in the operation and awarding grants to State and local evaluation of the project. Indian tribes, institutions, and organizations (3) In approving applications under subsection (a), the Sec- (1) to support planning, pilot, anddemonstration projects retary shall give priority to applications from Indian edu- which are designed to test and demonstratethe effectiveneas of and educational cational agencies, organizations, and institutions. programsfor improvingemployment lel AUTHORIZATION OR APPROPRIATIONS.There are authorized to opportunities for adult Indians; operation of programs be appropriated for fiscal year 1989, and for each of the 4 succeeding (2) to assist in the establishment and fiscal years, such sums as may be necessary to carry out the which are designed to stimulate provisions of this section. (A) the provision of basic literacyopportunities to all nonliterate Indian adults, and (B) the provision of opportunities toall Indian adults to Subpart 4Program Administration certificate in the qualify for a high school equivalency SEC. r3l1. OFFICE OF INDIAN EDUCATION. Establishment. shortest period of time feasible; 25 USC 2641. (3) to support a major research anddevelopment program to (a) iN GENERALThere is established, in the Department of develop more innovative and effectivetechniques for achieving Education, an Office of Indian Education. the literacy and high school equivalencygoals; (b) DIRE:CUM (4) to provide for basic surveysand evaluations to define ( I )The Office of Indian Education shall be under the direction accurately the extent of the problemsof illiteracy and lack of of the Director of the Office of Indian Education, who shall be high school completion among Indians;and appointed by the Secretary from a list of nominees submitted to (5) to encourage the disseminationof information and mate- the Secretary by the National Advisory Council on Indian information rials relating to, and the evaluationof the effectiveness of, Education. education programa which may offereducational opportunities (2) The Director of the Office of Indian Education shall to Indian adults. (A) be responuible for administering the provisions of this (b) EDUCATIONAL SERI/ICI:S.TheSecretary is authorized to make part, grants to Indian tribes, Indianinstitutions, and Indian organizations (B) be responsible for the development of all policies and to develop and establisheducational services and programs specifi- procedures relative to the implementation of this part, cally designed to improve educationalopportunities for Indian (C) he involved in, and primarily resp n-ible for, develop- adults. ment of all policies affecting India. programs EvALUATION.The Secretary is also au- within the Office of Elementary and . Education Contracts. (c) INFORMAT1CL, AND thorizet; to make grants to, and to enterinto contracts with, public of the Department of Education, and agencies and institutions andIndiantribes,institutions, and (I)) coordinate the development of polic _Ind practices for organizations for all programs in the Department of Education relating to (1) the dissemination of informationconcerning educational Indians and Alaskan Natives. programs, services, and resourcesavailable to Indian adults, (2) The Director - 'Mice of Indian Education shall report including evaluations thereof; and directly to the A ecretary of Education for Elementary (2) the evaluation of federallyassisted programs in which and Secondary E.; Indian adults may participate todetermine the effectiveness of (3) The Directc Office of Indian Education shall be such programs in achieving the purposesof such programs with compensated at the rate prescribed for, and shall be placed in, respect to such adults. grade 18 of the General Schedule set forth in section 5332 of 157 102 STAT. 413 102 STAT. 412 PUBLIC LAW 100-297--APR. 28, 1988 PUBLIC LAW 100-297APR. 28, 1988 and regulations Regulations. title 5, United States Code, an d. shall perform such duties as are (5) assist the Secretary in developing criteria delegated or assigned to the Director by the Secretary. The for the administration and evaluation of grantsmade under position created by this subsection shall be in addition to the subpart 1; (6) submit to the Secretary a list of nomineesfor the position number of positions placed in grade 18 of such General Schedule whenet Jr a under secr )n 5108 of title 5, United States Code. of Director of the Office of Indian Education vacancy in such position occurs, and Col INDIAN VREPERBNCB. ..1.tne 30 of each Reports. (IXA) An professional staff within the Office of Indian Edu- (7) submit to the Congress by no later than cation shall have experience with Indian education programs. year a report on its activities,which shall include (A) any recommendations it may deem necessaryfor the The Secretary shall give a preference to Indians in all personnel improvement of Federal education programs inwhich actions within the Office of Indian Education. Such preference they shall be implemented in the same fashion as the preference Indian children and adults participate, or from which given to any veteran referred to in subparagraph (A), (B), or (C) can benefit, and (B) a statement of the National Council'srecommenda- of section 2108(3) of title 5, United States CWe. funding of any (B) The provisions of this paragraph shall apply to all person- tions to the Secretary with respect to the nel actions taken after the date of enactment of this Act. such programs. (c) CANTRACTING.With respect tofunctions of the National Coun- (2) The Secretary shall provide a one-time preference for subsection (b), the qualified individuals who cil described in paragraphs (2), (3), and (4) of National Council is authorized to contract with anypublic or private (A) are not Indians, assistance in carry- (B) are serving within the Office of Indian Education on nonprofit agency, institution, or organization for ing out such functions. the date of enactment of this Act, and section 400(d) (C) desire to take another position in the Department of (d) FUND1NG.From sums appropriated pursuant to of the General Education Provisions Actwhich are available for Education which is not within the' Office of Indian Edu- available such sums as cation and foi which there is a vacancy. part D of such Act, the Secretary shall make may be necessary to enable theNational Council to carry out its Petallishment. SEC. 5342. NATIONAL MWISOKY COUNCIL ON INDIAN EDUCATION. functions under this section. 25 U8C 2642. (a) IN GIVIZRAL SEC 5343. AUTHORIZATION OF APPROPRIATIONS. 25 USC 2643. (1) There is hereby established the National Advisory Council There are authorized to be appropriated for fiscal year1989, and on Indian Education (hereafter in this subpart referred to as the each of the 4 succeeding fiscal years, such sums as maybe necessary "National Council"), which (A) shall consist of 15 members who are Indians ap- to carry out the provisions of this subpart. pointed by the President from lista of nominees furnished, Subpart 5Miscellaneous from time to time, by Indian tribes and organizations, and 25 USC 2651. (B) shallrepresent diverse geographic areas of the SEC. 5351. DEFINITIONS. country. For perposes of this part-- Termination (2) Subject to section 448(b) of the General Education Provi- The term "adult" means any individual who date. sions Act, the National Council shall continue to exist until (A) is 16 years old or older, or October 1, 1993. attend- (b) FUNLTION5.The National Council Attil (B) who is beyond the age of compulsory sc000l (1) advise the Secretary with respect to ance under State law. (2) The term "adult education" meansinstruction or services (A) the administration (including the development of in a second- regulations and of administrative practices and policies) of below college level for adults who are not enrolled ary school and who do nothave any program effectively (i) in which Indian children or adults participate, or (A) the basic skills to enable them to function (ii) from which they can benefit, including this part, in society, or (13) a certificate of graduation from a schoolproviding and secondary education (and who have not achieved anequiva- (B) adequate funding of such programs; lent level of education). (2) review applications for assistance under this part and education that is make recommendations to the Secretary with respect to their (3) The term "free public education" means provided at public expense, under public supervisionand direc- approval; tion, and without tuition charge, and that isprovided as ele- (3) evaluate programs and projects carried out under any applicable State. program of the Department of Education in whichIndian chil- mentary or secondary education in the (4) The term "Indian" means any individual whois dren or adults can participate or from which they can benefit, other organized and disseminate the results of such evaluations; (A) a member of an Indian tribe, band, or group of Indians (as defined bythe Indian tribe, band, or (4) provide technical assistance to local educational agencies other organized group), including thoseIndiantribes, and to Indian educational agencies, institutions, and organiza- thoee recog- tions to assia them in improving the education of Indian hands, or groups terminated since 1940 and nized by the State in which they reside, children;
158 UJL PUBLIC LAW 100-297APR. 28, 1988 102 STAT. 415 102 STAT. 414 PUBLIC LAW 100-297APR. 28, 1988 (B1 a descendant, in the !irst or second degreof an "(Ai the maintenance arid operation of the college,in- individual described in subparagraph (A), cluding - (C) considered by the Secretary of the Interior to be an "(i) basic, spe,:ial, developmental, vocational, technical, Indian for any purpose, and special handicapped education costs, (D) an Eskimo, Aleut, or other Alaska Native, or "(ii) annual capital expenditures, including equipment (El is determined to be an Indian under regulations needs,minorcapitalimprovementsandremodeling promulgated by the Secretary after consultation with the projects, physical plant maintenance and operation costs, Igational Advisory Council on Indian Education. and exceptions and supplemental need account, and (5)(A) The term "local educational agency" has the meaning "OW summer and special interest programs, given to such term by section 19841100) of the Elementary and "(B) major capital improvements, including internal capital Secondary Education Act of 1965 (20 U.S.C. 2854(1010)). outlay funds and capital improvement projects, (B) Tae term "local educational agency", for purposes of "(C) mandatory payments, including payments due on bonds, subpart 1(except for sections 5314(b)(2X13)(ii) and 5315(cX2)1 loans, notes, or lease purchases, and includes "ID) supplemental student services, including student hous. (0 any Indian tribe, or an organization controlled or ing, food service, and the provision of access to books and sanctioned by an Indian tribal government, that operates a services.". school for the children of that tribe if the school either SEC. 5402. PAYMENT OF GRAN'N; INTEREST. (I) provides its studente an educational program that meets the standards established by the Secretary of the (a) TRIBALLY CONTROLLED COMMUNITY COLLEGES.--Subsection(bi Interior under section 1121 of the Education Amend- of section 108 of the Tribally Controlled Community College Assist- ments of 1978, or ance Act of 1978 (25 U.S.C. 1808(1))1 is amended (II) is operated by that tribe or organization under a (1) by striking out -The Secretary" and inserting in lieu contract with the Department of the Interior in accord- thereof "( I ) The Secretary", and ance with the Indian Self-Determination andEducation (2) by adding at the end thereof the following new paragraphs: Securities. Assistance Act, and "(2)Notwithstanding any other provision of law, the Secretary for the fiscal year described in section 5312(bX3XA) shall not, in disbursing funds provided under this title, use any and each succeeding fiscal year, any school operated by the method of payment which was not used during fiscal year 1987 in Bureau of Indian Affairs of the Department of the Interior, the disbursement of funds provided under this title. either individually or in cooperation with any other local "(3)(A) Notwithstanding any provision of law other than subpara- education agency. graph (B), any interest or investment income that accrues on any (6) The term "parent" includes an individual acting in loco funds provided under this title after such funds are paid to the parental, other than by virtue of being a school administrator or tribally controlled community college and before such funds are official. expended for the purpose for which such funds were provided ender (7) The term "Secretary" means the Secretary of Education. this title shall be the property of the tribally controlled community (8) The terms "Bureau school", "contract school", and college and shall not be taken into account by any officer or "Bureau funded school" have the respective meaning given to employee of the Federal Government in determining whether to such terms bv section 1139 of the Education Amendments of provide assistance, or the amount of assistance, to the tribally 1978 (25 U.S.(. 2019). controlled community college under any provision of Federal law. "(B) All interest or investment income described in subparagraph SEC. 5352. CONFORMING AMENDMENTS. (A) shall be expended by the tribally controlled community college The following provisions of law are hereby repealed: by no later than the close of the fiscal year succeeding the fiscal (1) The Indian Elementary and Secondary School Assistance year in which such interest or investment income .Iccrues. 20 USC 241aa et Act. "(4) Funds provided under this title may only be invebted by the OCQ (2) Section 1005 of the Elementary and Secondary Education tribally controlled community college in obligations of the United 20 USU 3386 Act of 1965. States or in obligations or securities that are oaranteed or insured (3) Section 315 of the Adult Education Act. by the United States ". (4) Sections 421(b1(21, 422, 423, 441, 442, and 453 of the Indian (D) NAVAJO COMMUNITYCot.i.Ecr.The Navajo Community Col. 20 USC 1211, Education Act (title IV of Public Law 92-318). lege Act is amended by adding at the end thereof the following new 1411 note, 3385o, section: 3385b, PART DMISCELLANEOUS PROVISIONS 12211-1221h. "PAYMENTS; INTRUST SEC. 5401. NAVAJO COMMUNITY COLLEGE. "SEe. 7.(a) Notwithstanding any other provision of law, the 25 USC 040c-3. Paragraph (1) of section 5(b) of the Navajo Community College Act Secretary ofthe Interior shall not, in disbursing funds provided (25 U.S.C. 640c-1(bX1 )) is amended to read as follows: under the! Act, use any method of payment which was not used Appropriation "(1) There are authorized to be appropriated for grants tothe during fiscal year 1987 in the disbursement of funds provided under authorization. Navajo Community College, for each fuical year, an amount nec- this Act. Grants. essary to pay expenses incurred for 0 102 STAT. 417 102 STAT. 416 PUBLIC LAW 100-2117APR. 28, 1988 PUBLIC LAW 100-297APR. 28, 1988 factory progress toward completion of a program ortraining that Securities. "(b)(1)(A) Notwithstanding any provisionof law other than subparagraph (B), any interest or investment income that accrues can reasonably be expected tolead to gainful employment) for at on any funds provided under this Act after such funds are paid to least half-time study or training in the Navajo Community College and before such funds are expended (1) a college assisted by the Bureau under the Tribally Con- for the purpose for which such funds were provided under this Act trolled Comm,' ity College Assistance Act of 1978 (92 Stat. 1325; shall be the property of the Navajo Community College and shall 25 U.S.C. 1801) or the Navajo Community College Act (85 Stat. not be taken into account by any officer or employee of the Federal 645; 25 U.S.C. 640a); Government in determining whether to provide assistance, or the (2) an institution of higher education or a vocational school (as ameunt of assistance. to the Navajo Community College under any defined for purposes of any program of assistance to studeats provision of Federal law. under the Higher Education Act of 1965); "(B) All interest or investment income described in subparagraph (3) a course the Secretary determines will lead to a high (A) shall be expended by the Navajo Community College by no later school diploma or an equivalent certificate; or than the close of the fiscal year succeeding the fiscal year in which (4) other programs or training approved by theSecretary. such interest or investment income accrues. (b)PAMIRSNar To Bs CoNsimatemin determining the amount "(2) Funds provided under this Act may only be invested by the of general assistance provided by the Bureau of Indian Affairs,the Navajo Community College in obligations of the United States or in Secretary of the Interior shall not include consideration of obligations or securities that are guaranteed or insured by the (1) additional expenses in connection with the study or train- ing described in suNwtion (a), and United States.". (2) the amount of any financial assistance receivedby the SEC. 5403. MATCHING FUNDS. individual as a student or trainee. (a) TRIBALLY CONTROLLED COMMUNITY COLLEGE-S.Section109 of (c) No &searONOran Euclinury REettnimweNrs.This section the Tribally Controlled Community College Assistance Act of 1978 does not alter any eligibility requirement for generalassistance (25 U.S.C. 1809) is amended by adding at the end thereof the from the Bureau of Indian Affairs other than the requirement tobe following new subsection: available for employment and to seek employment. "(d) Notwithstanding any other provision of law, funds provided SEC. 5105. USE OF BUREAU PACILMRS, 25 USC 17. under this title to the tribally controlled community college may be treated as non-Federal, private funds of the college for purpmes of (a) IN GENERALThe Secretary of the Interior may permittribal, any provision of Federal law which requires thatnon-Federal or student, and other non-Federal organizations to use facilities, lands, private funds of the college be used in a project or for a specific and equipment administered by the Bureau of Indian Affairs if such use does not interfere with the purpose forwhich the facilities, land, purpose.". and equipment are administered by the Bureau. TheSecretary of (13) NAvAJoCOMMUNITYCommieSection 6 of the Navajo Maycharge the user for the actual or estimated addi- 25 USC 640c-2. Community College Act is amended the Interior tional cost of utilities or other expenses incurred because of the use ( I) by striking out "Except" and ineerting in lieu thereof "(a appropriation or Except'', and and the amounts collected shall be credited to the (2) by adding at the end thereof the following new subsection: fund from which the expenses are paid. (b)SCOPEor AuThoRITY.The authorityprovided by this section "(b) Notwithstanding any other provision of law, funds provided authority under this Act to the Navajo Community College may be treated as is in addition to, and not in derogatien of, any other non-Federal, private funds of the College for purposes of any provi- available to the Secretary of the interior. sion of Federal law which requi es that non-Federal or private funds SEC. 5106. INSTITUTE OP AMERICAN INDIAN AND ALASKANATIVE CUL- of the college be used in a 2roject or for a specific purpose.". TURK AND ARTS DEVELOPMENT. 25 USC 300b (c) VOCATIONAL EDUCATION FUNDB.Notwithstandingany other (a)TERMINATION OF CIVIL SERVICE POSITIONS.Paragraph(1) of provision of law, funds provided by the Bureau for adult vocational section 1509(g) of the Higher Education Amendments of 1986 (20 education to any vocational school (as defined for purpmes of an., U.S.C. 4416(gX1)) is amended by striking out "At the end ofthe 2- program of assistance to students under theHigher Education Act in section 1514(f)" and of 1965) may be treated as non-Federal, private funds of such school year period beginning on the date referred to for purposes of any pr %vision of Federal law which requires that inserting in lieu thereof "On June 30, 1989' . non-Federal or private funds of such school be used in a project or ib) ENDOWMENTPRoomme.Section 151e of the Higher Education Amendments of 1986 (20 U.S.C. 4425) is am ended for a specific purpose. (1) by striking out "From the amount appropriated pursuant 25 USC lad -2. SEC. 5101. ENROLLMENT AND GENERA!. ASSISTANCE PAYMENTS. to section 1521(a), the Secretary shah make available tothe Institute not more than ;500,000 which" in subsection (aX1) and (a)IN GENERAL.TheSecretary of the Interior shall not disqualify from continued :eceipt of general assistance payments fromthe and inserting in lieu thereof "From amounts appropriated under section 1531(a), not more than $500,500", and Bureau of Indion Affairs an otherwise eligible Indian for whomthe FuNns.From the amount Bureau has been making general assistance payments for atleaat 3 (2) by striking out"ALLOCATION OP months (or exclude such an individual from continued consideration appropriated pursuant to section 1521(a), the Secretary shall in determining the amount of general assistance payments for a allocate to the Institute an amount for" in subsection (d) and household) because the individual is enrolled (and is making satis- inserting in lieu thereof"PAYMENTor FemmeCONTRIBU-
160 f ) ) 102 STAT. 418 PUBLIC LAW 100-297APR. 28, 1988 PUBLIC LAW 100-297APR. 28, 1988 102 STAT. 419
TION.Amounts appropriated under section 1531(a) for use (1) the Government of the United States has a special rela- under this section shall be paid by the Secretary of the Treasury tionship with the Indians which has given rise to a responsibil- to the Institute as". ity to assure superior educational opportunities for all Indians; (c) AUTHORIZATION OF APPROPRIATIONS.Subsection (a) of section (2) this responsibility is being carried out by Federal schools 1511 of the Higher Education Amendments of 1986 (20 U.S.C. and federally funded programs; 4451(a)) is amended to read as follows: (3) while the States provide educational services to the major- "(a) PART A. ity of Indian students in the United States, the State services "(1) There are authorized to be appropriated for each fiscal are largely funded by Federal funds and are not, in any way, in year such sums as may be necessary to carry out the provisions derogation of the Federal responsibility; of part A. (4) changes in the Federal and State systems in the past "(2) Funds appropriated under the authority of paragraph (1) decade and the growth of tribal control over schools has led to shall remain available without fiscai year limitation. substantial improvements in the educational opportunities and "(3) Except as provided for amounts subject to section 1518(d), successes of Indian students; amounts appropriated under the authority of this subsection for (5) substantial and substantive problems continue to exist and fiscal year 1989, and for each succeeding fiscal year, shall be interfere with the realization of full opportunities for Indian paid to the Institute at the later of students; and "(A) the beginning of the fiscal year, or (6) identification of these problems through the convening of a "(B) upon enactment of such appropriation.". White House conference will facilitate formulation of solutions. Id) UNOBLIGATED APPROPRIATION AND RESPONSIBILITY FOR OBLIGA- SEC. 5502. AUTHORIZATION TO CALL CONFERENCE. 0SC 2001 TIONS.Subeection (e) of section 1514 of the Higher Education note (a) IN GENERALThe President shall call and conduct a WhitePresident of U.S. Amendments of 1986 (20 U.S.C. 4421(e)) is amended by adding at the House Conference on Indian Education (hereafter in this part re- end thereof the following new paragraphs: (erred to as the "Conference") which shall be held not earlier than "(3) Any funds appropriated for the Institute for fiscal year September 1, 1989, and not later than September 30, 1991. 1988 that are not expended or obligated on the date described in (b)PURPOSEThepurpose of the White House Conference on paragraph (2) shall be paid to the Institute within 10 days of Indian Education shall be to that date. (1) explore the feasibility of establishing an independent "(4) The Institute shall be responsible for all obligations of the Board of Indian Education that would assume responsibility for Institute incurred after the date described in paragraph (2) and all existing Federal programs relating to the education of In- the Secretary of the Interior shall be responsible for aD obliga- dians, and tions of the Institute incurred on or before that date. (2) develop recommendations for the improvement of edu- (e) ACCOUNTING rot' NON-FEDERAL FUNDb.Sedi0II 1501 of the cational programs to make the programs more relevant to the Higher Education Amendments of 1986 (20 U.S.C.4414)is need. of Indians, in accordance with the findings set forth in amended section 5501. (1) by striking out "In carrying out" and inserting in lieu sEc. mos.COMPOSITION OR CONFERENCE. 25 USC 2001 thereof "(al IN GENERAL. -In carrying out", and note. (2) by adding at the end thereof the following new subsection. (a) IN GENERAL.The Conference shall be composed of "lb) ACCOUNTING FOR NON-FEDERAL FUNDS.Any funds received (1) reprtsentatives of the Bureau of Indian Affairs of the by. or under the control of, the Institute that are not Federal funds Department of the Interior; shall be accounted for separately from Federal funds.". (2) representatives of Indian educational institutions, public Pumar PROPOSALS.Subsection (b) of section 1515 of the schools, agencies, organizations and associations that deal with the education of Indians; Higher Education Amendments of 1986 (20 U.S.C. 4422(b))is (3) educators from reservations and urban areas where In- amended dians make up a substartial portion of the student population; (1) by striking out "During the 2.year period beginning on the and date referred to in section 1514(f)" in paragraph W and insurt- (4) individuals with a special knowledge of, and special com- ing in lieu thereof "Prior to October 1, 1988", and petence in dealing with, Indians and Indian problems, including (2) by striking out "the period described in paragraph (1)" in education and health. paragraph CZ) and inserting in lieu thereof "September 30, (b)SICLECT1ON.The President shall select one-third of the partici . 1958". pants of the Conference, the Speaker of the House of Representa- tives shall select one-third of the participants, and the President pro PART EWHITE HOUSE (7ONFEItENCE ON INDIAN tempore of the Senate shall select the remaining one-third of the EDUCATION partkipants. (c)DISTRIBUTIONor PARTICIPANT8.In selecting the participants 25 USC 2001 SEC. S5111. FINDINGS. of the Conference the President, the Speaker of the House of note The Congress finds that- Representatives, and the President pro tempore of the Senate shall ensure that- 1 61 0 102 STAT. 420 PUBLIC LAW 100-297APR. 28, 1988 PUBLIC LAW 100-297--APR. 28, 1988 102 STAT. 421
(I) one-fourth of the participants are individuals who are (d) FEDERA I. AGENCY COOPERATION AND ASSISTA NCR. currently active educators on Indian reservations; (1) Each Federal department Lied agency shall cooperate with, (2) one-fourth of the participants are educators selected from and provide assistance to, the Task Force upon request made by urban areas with large concentrations of Indians; the Task Force under subsection (cX1). For that purpose, each (3) one-fourth of the participants are iedividuals who are Federal department and agency is authorized and encouraged to Federal and tribal government officials; and provide personnel to the Task Force. (4) one-fourth of the participants are Indiens, including mem- (2) The Commisaioner of the Administration for Native bers of Indian tribes that are not recognized by the Federal Americans of the Department of Health and Human Services Government. and the Director of the Indian Health Service of the Depart- ment of Health and Human Services are authorized to detail 25 USC 2001 SEC. 5504. ADMINISTRATIVE PROVISIONS. personnel to the Task Force, upon request, to enable the Task note. (a) PLANNING AND DIRELTIOH.The Conference shall be planned Force to carry out its functions under this part. and conducted by the Interapncy Task Force on the White House (e) PERSONNELIn carrying out the provisions of this part, the Conference on Indian Education (hereafter in this part referred to as Task Force is authorized to engage such personnel as may be the "Task Force"). necessary to assist the Conference and the Advisory Committee of (b) ESTABLISHMENT OF TASK FORCE. the Conference, without regard for the provisions of title 5, United (1) If the President calls the Conference, the Secretary of the States Code, governing appointments in the competitive service, and Interior and the Secretary of Education, acting jointly, shall without regard to chapter 51, and subchapter III of chapter 53 of establish the Task Force on the White House Conference on such title relating to classification and General Schedule pay rates. Indian Education which shall consist of such employees of the (1) ExPENSES.Participants in the Conference may, while away Department of the Interior and the Department of Education as from their homes or regular places of business and attending the the Secretary of the Interior and the Secretary of Education Conference, be allowed such travel expenses, including per diem in determine to IR necessary to enable the Task Force to carry out lieu of subsistence, as are allowed under section 5703 of title 5, its duties. United States Code. Such expenses may be paid by way of advances, (2) The Secretary of the Interior and the Secretary of Edu- reimbursement, or in installments, as the Task Force may deter- cation shall each appoint no less than 2 professional staff mine. members and one support staff member to the Task Force. SEC. 5505.Kamm. 25 USC 2001 (3) Al: staff assigned to the Task Force shall work on prepara- note. tions for, and the conduct of, the Cenference on a full-time basis. (a) IN GENERAL A final report of the Conference, containing (4) The Secretary of the Interior shall provide office space and such findings and recommendations as may be made by the Con- materials for the Task Force, including an allowance for mail- ference, shall be submitted to the President not later than 120 days ing costs. following the close of the Conference. The final report shall be madePubhc (5) Each professional staff pereon appointed to the Task Force public and, within 90 days after its receipt by the President,information. shall have expertise directly related to Indian education and at transmitted to the Congress together with a statement of the Presi- least one person appointed by the Secretary of the Interior shall dent containing recommendations of the President with respect to be experienced in dealing with the Congress, Indiau tribes, and such report. nongovernmental organizations. (b) DISTRIBUTION.The Conference is authorized to publish andPublic (6) The Secretary of the Interior and the Secretary of Edu- distribute for the Conference the reports authorized under this part.information. cation, acting jointly, shall designate one staff person as the Copies of all such reports shall be provided to the Federal depository Director of the Task f'orce. libraries. (C) FUNCTION OP THE TASK FORCE.The Task Force shelle- SEC. 5506.A DV ISOR Y COM M Eetabliehment. d) when appropriate, request the cooperation and assistance 25 USC 2001 of other Federal departments and agencies in order to carry out (a)CoMPoSITION.Thereishereby established the Advisorynote. its responsibilities; Committee of the Conference (hereafter in this part referred to as (2) prepare and make available background materials for the the "Advisory Committee") composed of use of participants in the Conference and any associatedState i five individuals designated by the Speaker of the House of conferences, and prepare and distribute such reports of the Representatives, with not more than three being Members of Conference and of any associated State conferences as may be the House of Representatives; appropriate; (2) five individuals designated by the President pro tempore of (3) make technical and financial assistance (by grants, con. the Senate, with not more than three being Member% of the tracts, or otherwise) available to the States and intertribal Senate; organizations to enable them to organize and conduct con- (3) ten individuals appointed by the President; ferences and other meetings in order to prepare for the Con- 141 the Aseistant Secretary of the Interior for Indian Affairs or ference; and a delegate of the Assistant &cretary; (4) conduct fiscal oversight activities with reepect to the (5) the Secretary of Education or a delegate of the Secretary; preparation for, and the convening of, the Conference, including and contracting for the services of an auditor. (6) the Direetor of the Task Force.
(-1 162 I 4.31 102 STAT. 422 PUBLIC LAW I00-297APR. 28, 1988
The President, the President pro tempore of the Senate, and the Speaker of the House of Representatives, shall, after consultation with Indian tribes, ensure that members of the Advisory Committee are broadly representative of all Indians of the UnitedStates. (b) FliNCTION.The Advisory Committee shall assist and advise the Task Force in planning and conducting the Conference. 1C/ ADMINIMATION. 111 The Director of the Task Force shall serve as vice chair- man of the Advisory Committee. The Advisory Committee shall elect the chhirman of the Advisory Committee from among those members of the Advisory Committee who are not full-time Federal employees. (2) The Advisory Committee shall select the chairman of the Conference. (31 The chairman of the Advisory Committee is authorized to establish, prescribe functions for, and appoint members to such advisory and technical committee., as may be necessary to assist and advise the Task Force in carrying out its duties. (d) COMPIENSATION.Members of any committee established under this section who are not regular full-time officers or employees of the United States shall, while attending to the business of the Conference, be entitled to receive compensation at a rate fixed by the President that does not exceed the rate of pay specified at the time of such service for grade GS-I8 under section 5332, of title 5, United States Code, including traveltime. Such members may, while away fr an their homes or regulin places of business, beallowed travel expenses, including per diem in lieu of subsistence, as may be authorized under section 5703 of title 5, United States Code.
25 USC 2001 MC. SUM (ins AND TITLE TO CERTAIN PROPERTY. note Grants. (a) Girrs.The Task Force shall have authority to accept, on behalf of the Conference, in the name of the United States, grants, gifts, or bequests of money for immediate disbursement by the Task Force in furtherance of the Conference. Such grants, gifts, or be- quests offered the Task Force, shall be paid by the donor or his representative into the Treasury of the United States in a special account to the credit of the Conference for the purposes of this part. lb) DISPOSITION OF MATERIAL9.Materials and equipment acquired for the use of the Conference, or for the Task Force, shall be transferred to the Bureau of Indian Affairs after the close of the Conference.
25 USC 2001 SEC. 5508, AUTHORIZATION OF APPROPRIATIONS. note. There are authorized to be appropriated for each of the fiscal years 1988, 1989, and 19(10 such sums as may be necessary to carry out this part. Such sums shall remain available until expended.
1 63 APPENDIX H PUBLIC LAW 100-427SEPT. 9, 1988 102 STiiT. 1603 Public Law 100-427 100th Congress An Act
To make chirifying, conective, and conforming amendments to laws relating to Sept. 9, 19104 Indian education, and for other purposes. (H.R. 51741 Be it enacted by the SenateandHouse of Representatives of the United States of America in Congress assembled, SVAMION I. BUREAU !NNW:I/SCHOOL& (a) Fseross.Section 112ftkX1) of the Education Amendments of 1978 (25 U.S.C. 2001(kX1)) is amended (1) in subparagraph (AO (A) by striking out "has not previously received funds from the Bureau" and inserting in lieu thereof "is not a Bureau funded school"; (B) by striking out "Bureau school board" and inserting in lieu thereof "school board of any Bureau funded school"; (C) by striking out "has not previously been operated or funded by the Bureau" in subclause (1) and inserting in lieu thereof "is not a Bureau funded school"; and (D) by striking out "any program currently funded by the Bureau" in subclause (ID and inserting in lieu thew!' "a Bureau funded school"; and (2) in subparagraph (BXiii), by striking out "a Bureau oper- ated program" and inserting in lieu thereof "a Bureau funded school", (b) APPLICAIION.Section 1121(kX6XA) of the Education Amend- ments of 1978 (25 U.S.C. 2001(kX6XA)) is amended (1) by striking out "tribally controlled school" and inserting in lieu thereof "contract school"; and (2) by striking out "the date of enactment of this Act" and inserting in lieu thereof "April 28, 1988,". (c) DIEFIN1110N8.(1) Section 1139 of the Education Amendments of 1978 (25 U.S.C. 2019) is amended (A) by redesignating paragraphs (10) through (12) as para- graphs (11) through (13), respectively; and (B) by inserting afterparagraph(9) the following new paragraph: "(10) the term 'Office' means the Office of Indian Education Programs within the Bureau;". (2) Section 1139(5) of the &lucation Amendments of 1978 (25 U.S.C. 2019) is amended (A) by striking out "104(1)" and inserting in lieu thereof "104(8)"; and (B) by striking out "450h(1)" and inserting in lieu thereof "4501(8)". (3) Section 1126(a) of the Education Amendments of 1978(25 U.S.C. 20061438 is amended by striking out "(hereinafter referred to as the 'Ofteer.
164 102 STAT. 1604 PUBLIC LAW 100-427SEPT. 9, 1988 PUBLIC LAW 100-427SEPT. 9, 1988 102 STAT. 1605
SEC. 2. ALIOTMENT FORMULA. (1) by redesignating paragraphs (3) through (6) as paragraphs (4) through (7), respectively; and (a) FISCAL YEAR 1990.--Sedion 11280(1)(B) of the Education (2) by inserting after paragraph (2) the following new Amendments of 1978 (2.5 U.S.C. 200840(1 II B)) is ainended by striking paragraph: out "an average daily attendance of" and inserting in lieu thereof "(3) In carrying out the studies required under this subsection, the "an enrollment ol". Secretary shall obtain the input of, and afford an opportunity to (b) TRCHNICAL APERNDMENTS.(1) Clause (i) of section 1128(0(4NA) of the Education Amendments of 1978 (25 U.S.C. 2008(cK4KA)) is participate to, the Inspector General of the Department of the amended by striking out "Amendments" and inserting inlieu Interior.". thereof "Act". (d) Gamer SCHOOLLSection 1128A of the Education Amend- (2) Clause (iii) of section 5107(bXIXA) of the !ndian Education ments of 1978 (15 U.S.C. 2008a) is amended by adding at the end Amendments of 1988 (20 U.S.C. 1411 note) is amended thereof the following new subsection: (A) by striking out "602(1)" and inserting in lieu thereof "(i) The provisions of this section shall also apply to those schools "602(01)"; and operating under the Tribally Controlled Schools Act of 1988.". (B) by striking out "401(1)" and inserting in lieu thereof SEC. 5. SCIII POI. HOARD TRAINING. "1401(aX 1)". (C) CONTRACT SCHOOLS TREATED AS POLMCAL SUIMIVISIONS.SeC- (a) Erreernee DATILParagraph (3) or section 1128(c) of the FAu- tins 1128(cX5) of the Education Amendments of 1978 (25 U.S.C. cation Amendments of 1978 (25 U.S.C. 2008(c)) is amended by adding 2008(cX5)) is amended by striking out "achools operated by Indian at the end thereof the following new subparagraph: tribes" and inserting in lieu thereof "contract schools". "(D) This paragraph shall take effect on October 1, 1989.". (b) See-Amos AMOUNT.--Clauae (ii) of eection 1128(c)(3)(C) of the SEC. 3. EMERGENCIES AND UNFORESEEN CONTINGENCIES. Education Amendments of 1118 (25 U.S.C. 2008(cX3I(C)) is amended Section 1111(d) of the Education Amendments of 1978 (25 U.S.C. by striking out "2 percent" and inserting in lieu thereof "1 percent". 2008(d)) is amended to read as follows: "(d) The Secretary shall reserve from the funds available for SEC. F. COORDINATED PROtaRAMS. distribution for each focal year under this section an amount which, Section 1129(01) of the Education Amendments of 078 (25 U.S.C. in the aggregate, shall equal 1 perce it or the funds available for 20091 IN I I) is amended such purpose for the'. fiscal yeatr. Such funds shall be used, at the I I) by striking out "a echool" and inserting in lieu thereof "a discretion of the Director of the Office, to meet emergencies and Bureau school"; unforeseen contingencies affecting the education programs funded 42) by striking out "whoae children are served by a program under thie section. Funds reserved under this subsection may only operated by the Bureau"; be expeoded for education services or programs at a schooleite (as (3) by striking out "education programs operated by the defined in section 5204(cX2) of the Tribally Controlled Schools Act of Bureau" and inserting in lieu thereof "tl.e school"; and 1988). Funds rammed under this subsection shall remain available (4) in subparagraph (A), by striking out "if a facility operated without (local year limitation until expended. However, the aggre- by the Bureau which is currently accredited by a State or gate amount available from all fiscal years may not exceed 1 percent regional accrediting entity would continue to be accredited" and Reports of the current year funds. Whenever the Secretary makes funds available under this subsection, the Secretary shall report such inserting in lieu thereof "unless the Bureau school is currently action to the appropriate committees of Congress within the annual accredited by a State or regional accrediting entity and would budget submiaeion.". not continue to be so accredited". aEc. 4.ADMINISTRATIVE COST GRANTS. SW. 7. CONSULTATION. (a) Astotney or Grimm, RATR APPUCAIILE ONLY TO EDUCATIONAL Section 1130(h)(2) of the Education Amendments of 1978 (25 U.S.C. AcnvrnmaSection 1128A(bX1) of the &location Amendments of 20191M2/1is amended by striking out "from information educed or 1978 (25 U.S.C. 2008a(b)(1)) is amended presented during the discussions" and substituting in lieu thereof (1) by striking out "to each of the direct cost education "from information educed or presented by the interested parties programs" and inserting in lieu thereof "to the aggregate of the during one or more of the discussions and deliberations.". Bureau elementary and secondary functions"; and sEe. ii.PERSONNEL STUDIES. (2) by adding at the end thereof the following new sentence: "The administrative cost percentage rate determined under Section 5113 of the Indian Education Amendments of 1988 (25 subsection (c) does not apply to other programs operated by the U.S.C. 2011 note) is amended-- tribe or tribal organ ization.". (1) in subsection (a)(2), by striking out "schools operated (b) SINGLE ADMINIEMATIVE COST ACCOUNT.Subsection (dX1 XA ) of within the United States" and inserting in lieu thereof "ele- section1 l28A of the Mucation Amendments of 1978 125 U.S.C. mentary and secondary schools operated"; and 2008a) is amended by inserting "tribe or" before "contract school" (2) in subsection (e), by striking out "II" and inserting in lieu each place it appears. thereof "Xl". (c) STumas.Subsection (f) of section 1128A of the Education Amendments of 1978 (25 U.S.C. 2008a) is amended 135, 102 STAT. 1606 PUBLIC LAW 100-427SEPT. 9, 1988 PUBLIC LAW 100-427SEPT. 9, 1988 102 STAT. 1607
s.REGULAR COMPENSATION OP BUREAU EDUCATOIMNI/N. (2) in subparagraph (A), by striking out "a shortage of funds" VOLUNTARY PURLOUGHS. and inserting in lieu thereof "an insufficient amount of funds available for personnel compensation at such school, as deter- (a) COMPENSATION.Section 1131(hX1) of the Education Amend- mined under the financial plan process as determined under ments of 1978 (25 U.S.C. 2011(h)(1)) is amended section 1129(b) of this Act"; and (1) in subparagraph (B), by striking out "the close of the 6- (3) by inserting before the period at the end of subparagraph month period beginning on the date of enactment of the Indian (B) ", except that the supervisor, with the approval of the local Education Amendments of 1988" and inserting in lieu thereof school board (or of the agency superintendent for education "October 28, 1988"; upon appeal under paragraph (2)), may continue one or more (2) in subparagraph (C), by striking out "the close of the 6- educators in pay status if (i) they are needed to operate summer month period described in subparagraph (B)" and inserting in programs, attend summer training sessions, or participate in lieu thereof "October 28, 1988"; special activities including (but not-limited to) curriculum devel- (3) in subparagraph (C)(i), by striking out "the date of enact- opment committees, and (ii) they are selected based upon their Discrimination. ment of the Indian Education Amendments of 1988" and insert- qualifications, after public notice of the minimum qualificationsProhibition. ing in lieu thereof "April 28, 1988,"; reasonably necessary and without discrimination as to super- (4) in subparagraph (EX°, by striking out "any individual visory, nonsupervisory,a. other status of the educators who employed in an education position on the day before the date of apply". enactment of the Indian Education Amendments of 1988 if this (d) FINANCIAL FLANS.Section 1129 of the Education Amend- paragraph did not apply to such individual on such day" and ments of 1978 (TS U.S.C. 2009) is amended by adding after the first inserting in lieu thereof "an educator who was employed in an sentence of subiection (b) the following new sentence: "The super- education position on October 31, 1979, and who did not make visor shall provide the appropriate union representative of the the election under paragraph (2) of subsection (o)"; and education employees with copies of proposed draft financial plans (5) in subparagraph (EXiii), by inserting before the period and all amendments or modifications thereto, at the same time they ", except that the individual must use leave accrued during a are submitted to the local school board.". contract period by the end of that contract period". (b) APPLICATION.Section 1131(o) of the Education Amendments SEC. It GRANTS. Contracts of 1978 (25 U.S.C. 2011(o)) is amended (a) IN GENERALSection 5204(aX1) of the Tribally Controlled (1) in paragraph (1) Schools Act of 1988 (25 U.S.C. 2503(aX1)) is amended by striking (A) by striking out "This section shall apply with respect out subparagraphs (A) and (B) and inserting in lieu thereof the to any individual hired after the effective date of subsection following: (aX2) for employment in an education position" and insert- "(A) operate contract schools under title XI of the Edu- ing in lieu thereof "Subsections (a) through (n) of this cation Amendments of 1978 and notify the Secretary of section apply to an educator hired after November 1, 1979 their election to operate the schools with assistance under (and to an educator who elected application under para- this part rather than continuing as contract schools; graph (2)1"; and "(B) operate other tribally controlled schools eligible for (B) by striking out "any individual employed immediatPly assistance under this part and submit applications (which before the effective date of subsection laX21" and inserting are approved by their tribal governing bodies) to the Sec- in lieu thereof "an individual employed on October 31, retary for such grants; or 1979"; and "(C) elect to assume operation of Bureau schools with (2) in paragraph (2) assistance under this part and submit applications (which (A) by striking out "position immediately before the effec- are approved by their tribal governing bodies) to the Sec- tive date of subsection (aX2) may, within five years of the Teary for such grants.". date of enactment of this Act" and inserting in lieu thereof (131 REntocrasion.Section 5204(1) of the Tribally Controlled "position on October 31, 1979, may, not later than Novem- Schools Act of 1988 (25 U.S.C. 2503111) is amended ber 1, 1983"; and (1) by adding the following at the end thereof: (13) by inserting "of subsections (a) through (n)" after "The tribe requesting retrocession shall specify whether the ret- "provisions". rocession is to status as a Bureau school or as a contract school (c) FURLOUGHICSection 1131(pX1) of the Education Amendments under title XI of the Education Amendments of 1978. Except as of 1978(25 U.S.C. 201 11p)( 1 I) is amended otherwise determined by the Secretary, the tribe or tribal organiza- (1) by striking out "No educator whose basic compensation is tion operating the program to be ietroceded must transfer to the paid from funds allocated under section 1128 may be" and Secretary (or to the tribe or tribal organization which will operate inserting in lieu thereof "An educator who was employed in an the program as a contract school) the existing equipment and education position on October 31, 1979, who was eligible to materials which were acquired make an election under paragraph (2) of subsection (o) at that "( 1 I with assistance under this part, or time, and who did not make the election under paragraph (2) of "(2) upon assumption of operation of the program under this subsection (0), may not be"; part if it was a Bureau funded school under title XI of the 166 I 1 " ".." J 102 STAT. 1608 PUBLIC LAW 100-427SEPT. 9, 1988 PUBLIC LAW 100-427SEPT. 9, 1988 102 STAT. 1609
Education Amendments of 1978 before receiving assistance tor, the tribal governing body shall choose the evaluator or under this part"; perform the evaluation. If the Secretary and a grantee which is (2) by striking out "tribe" each place it appears in the first the tribal governing body fail to agree on such an evaluator, this sentence and inserting in lieu thereof "tribal governing body"; subclause shall not apply."; and and (2) by inserting "(or revisions of such standards agreed to by (3) by striking out "Indian" in the first sentence. the Secretary and the geantee)" after "Education Assistance (c) COMPOSITION.Section 52054b)(3)(Axi) of the Thbally Con- Act". trolled Schools Act of 1988 (25 U.S.C. 2504(bX3XAX0) is amended by (c) APPLICATION.Section 5207 of the Tribally Controlled Schools inserting "chapter 1 or' before "title I". Act of 1988 (25 U.S.C. 2507) is amended by adding at the end thereof the following new subsection: SEC. IL ELIGIBILITY FOR GRANTS. "(d) APPLICABILITY OF SECTION PURSUANT Ito ELECTION UNDER 25 USC 2506. (a) IN GENERALSubparagraphs (A) and (B) of section 506(a)(1) SEcTION 5209(b).--With respect to a tribally .:ontrolled school which of the Tribally Controlled Schools Act ol 1938 (25 U.S.C. 2505(0(1)) receives assistanca under this part pursuant to an election made are amended to read as follows: under section 52091W Contracts. "(A) was, on April 28, 1988, a contract school under title XI of "(1)subsection (b) of this &action shall apply; and the Education Amendments of 1978 and the tribe or tribal "(2) the Secretary may not revoke eligibility for assistance organization operating the school submits to the Secretary a under this part except in conformance with subsection (e) of this written notice of election to receive a grant under thbr part, section.". "(B) was a Bureau school under title XI of the Education Amendments of 1978 and has met the requirements of subsec- SEC. 13. PAYMENTS OF GRANTS. tion (b),". 1a1 PAYMENT.Paragraph (2) of section 5208(a) of the Tribally (b) AIHHTIONAL REQUIREMENTS FOR BUREAU FUNDED SCHOOLS. Controlled Schools Act of 1988 (25 U.S.C. 2507(a)) is amended by Section 5206(bX1) of the Tribally Controlled Schools Act of 1988 (25 striking out "under this part" and inserting in lieu thereof "from U.S.C. 2505(b)(1)) is amended by striking out "Any school that was Bureau :ands". operated as a Bureau school on the date of enactment of this Act" tb) RESTRICTIONS.Section 5208(a) of the Tribally Controlled and inserting in lieu thereof "A school that was a Bureau funded Schools Act of 1988 (25 U.S.C. 2507(a)) is amended by adding the school under title XI of the Education Amendments of 1978 on following new paragraph at the end thereof: April 28, 1988.". "(3) Paragraphs (1) and (2) of this subeection shall be subject SCHOOIS WHICH ARE NOT BUREAU FUNDED.Section 520610 of to any restriction on amounta of payments under this part that the Tribally Controlled Schools Act of 1988 (25 U.S.C. 2505(0) is may be imposed by a continuing resolution or other Act appro- amended priating the funds involeed.". ( 11 by amending the subsection heading to read "Ammo NAL REQUIREMENTS FOR A SCHOOL WHICH IS NOT A BUREAU FUNDED $EC. II. APPLICATION WITH RESPECT TO INDIAN SELF-DETERMINATION SCHOOL."; and AND EDUCATION ASSISTANCE ACT. (2) in paiagraph (1), by striking out "A school for which the Section 5209 of the Tribally Controlled Schools Act of 1988 (25 Bureau has not provided funds" and inserting in lieu thereof "A U.S.C. 2508) is amended-- school which is not a Bureau funded school under title XI of the (1) in subsection (b) by adding at the end thereof the following: Education Amendments of 1978". "(3) In any case in which the 60-day period referred to in Effective date (d) APPLICATIONS AND REPORTS.Section 52061011 of the Tribally paragraph (2)(B) is less than 60 days before the beginning of the Controlled Schools Act of 1988 (25 U.S.C. 2h051(1111i1 is am,-nded by kriking out "the Department of Education" and inserting in lieu succeeding fiscal year, such election shall not take effect until thereof "the Bureau of Indian Affairs". the fiscal year after the fiscal year succeeding the election. For (e) REPORD or HEARINGS.Section 520641111NC) of the Tribally fiscal year 1989, the Secretary may waive this paragraph for elections received prior to September 30, 1988."; and Controlled Schools Act of 1988 125 U.S.C. 2505(0(1g:)1 is amended by insertnig "on the record" after "hearing". (2) by adding the following new subsections at the end thereof: "(ell TRANSFERS AND CARRYOVERS. Contracts sm.. 12.1)1101'10N 1W ELIGIBILITY DETERMINATION. "(II A tribe or tribal organization assuming the operation of a (at OF SECRETARY OF EDUCATION.E.11belaUse (11) of section Bureau school with assistance under this part shall be entitled 52(17(c)( I X AK of the Tribally Controlled Schools Act of 1988 125 to the transfer or use of buildings, eqt4ment, supplies, and U.S.0 25014K is amended by striking out "as determined materials to the same extent as if it were cuntracting under the by" and inserting in lieu thereof "as recognized by". Indian Self-Determination and Education Assistance Act (25 ito REVoCATION.--Suhclause (V1 of section 5207(cX1WAxii) of the U.S.C. 450 et seq.). Tribally Controlled Schools Act of 19)48 (25 U.S.C. 25064cX IMMO) is "(2) A tribe or tribal organization assuming the operation of a amended-- contract school with assistance under this part shall be entitled 1h by striking out the last sentence and inserting in lieu to the transfer or use of the buildings, equipment, supplies, and thereof the following. "If the Secretary and a grantee other materials that were used in the operation of the contract school than the tribal governing body fail to agree on such an evalua- to the same extent as if it were contracting under the Indian 147, BESTUK AVAILAKE 102 STAT. 1610 PUBIAC LAW 100-427SEPT. 9, 1988 PUBLIC LAW 100-427---SEPT. 9, 1988 102 STAT. 1611 Self-Determination and Education Assistance Act (25 U.S C. 450 (2) in subsection (:4(3), by inserting "," after "procedures" the et seq.). first place it appears; "(3) Any tribe or tribal organization which assumes operation (3) in subsection (dX1), by striking out "includea form" and of a Bureau school with assistance under this part andany tribe inserting in lieu thereof "be supported bya form, maintained in or tribal organization which elects to operate a school with the files of the applicant,"; assistance under this part rather than to continue as a contract (4) in subsection (c1112)(A)60, by striking out "grandparents," school shall be entitled to any funds which would carryover and inserting in lieu thereof "grandparents"; from the previous fiscal year as if such school were operatedas (5) in subsection (dX2X13), by striking out "applicant"and a contract school. inserting in lieu thereof "child' ; lirants "(e) ExcEmoms, PROBLEM:, DISPUTOLAny exception or (6) in subparagraphs (C) and (D) of subsection (dX2), bystrik- Contracts problem cited in an audit conducted pursuant to section 5207(bX2) of ing out "or legal guardian" each place itappears; this Act, any dispute regarding the amount of a grant under section (7) in subsection (dX3) 5205 (and the amount of any funds referred to in that section),any (A) by inserting "other" before "information"; and payments to be made under section 5208 of this Act, and any dispute (B) by inserting after the first sentence the following: involving the amount of, or payment of, the administrative grant "In order for a child to be c, anted in computing thelocal edu- under section 1128A of the Education Amendments of 1978 (25 cational agency's grant award, the eligibility form for thechild must U.S.C. 2008a) shall be handled under the provisions governing such contain at least exceptions, problems, or disputes in the case of contracts under the "(A) the child's name; Indian Self-Determination and Fducation Assistance Act of 1975 "(B) the name of the tribe, band,or other organized group of (Public Law 93-65E, 25 U.S.C. 450 et seq.).". Indians; and "(C) the parent's dated signature."; and AEC. 15. GRANTS TO LOCAL EDUCATHINAL AGENCIES. (8) in subsection (eX1) Section 5312 of the Indian Education Act of 1988 (25 U.S.C. 2602) (A) by striking out "education" in subparagraph (A) and is amended inserting in lieu thereof "educational"; (1) by amending subeection (10(1) to read as follows: (B) by striking out "provide" in subparagraph (B) and "(1) For any fiscal year for which appropriationsare au- inserting in lieu thereof "provided"; and thorized under section 5316 of this Act, the Secretary shall (C by striking ont "education" in subparagraph (C) and determine the number of Indian children who were enrolled in inserting in lieu thereof "educational". the schools of each local educational agency that applies fora SEC. 1. PAYMEN1:4. grant, and for whom such agency provided free public edu- cation, during such fiscal year."; Section 5315(c) of the Indian Education Act of 1988 (25 U.S.C. (2) in subsection (bX2)(A), by striking all after "the product 2(i05(c)) is amended to read as follows: of--" and inserting in lieu thereof the following: "(C) RSDUMION KRFAILURE ToMAINTAINFISCAL Erroar "(i) the number of Indian children determined under "(1) The Secretary shall not pay toany local educational slow .111d hwal paragraph (1), multiplied by agency its full allotment under section 5312 for any fiscal yeargovernmenlh unless the State educational agency determines that thecom- "00 the average per pupil expenditure per local edu- bined fiscal effort of that local agency and the State w'th cational agency, as determined under subparagraph (C), respect to the provision of free public education by that local bears to the sum of such products for all such local educational agency for the preceding fiscal year, computed on either a per agencies."; student or aggregate expenditure basis, was at least 90 percent (3) in the first sentence of subsection (bX2XB) of such combined fiscal effort, computedon the same basis, for (A) by striking out "eligible"; and the second preceding fiscal year. (B) by inserting "determined under paragraph (1)" after "(2) If the Secretary determines for any fiscalyear tnat a local "children"; educational agency failed to maintain its expenditures at the 90 (4) in subsection (b)(3), by striking out "5315(cX2)" and insert- percent level required by paragraph (1), the Secretary shall ing in lieu thereof "53151c) '; and "(A) reduce the allocation of funds to that agency in the (5) in subsection (01), by striking out "in accordance with the exact proportion of that agency's failure to maintain its provisions of this subpart" and inserting in lieu thereof ", ona expenditures at that level, and competitive basis.". "(11) not use the reduced amount of the agency's expendi- SEC. 16, APPLICATIONS FOR GRANTS; CONDITIONS FOR APPROVAL, tures for the pret-eding year to determine compliance with paragraph (1) in ony succeeding fiscal year, but shalluse Section 5314 of the Indian Education Act of 1988 (25 U.S.C. 2604) the amount of expenditures that would have been required is amended to comply with paragraph IR (1) in subsection (a) The Secretary may waive the requirements of this subsec- IA I by striking out "provided"; and tion for one fiscal year only if the Secretary determines thata (1i) by striking out "5312(b)' and inserting in lieu thereof waiver would be equitable due to exceptional or uncontrollable "5312icl"; circumstances, such as a natural disaster or a precipitous and 168
1 t ) 102 STAT. 1613 102 STAT. 1612 PUBLIC LAW 100-427suer. 9, 1988 PUBLIC LAW 100-427SEPT. 9, 1988
unforeseen decline in the agency's financial resources. The SEC. U. NATIONAL ADVISORY COUNCIL ON INMAN EDUCATION. Secretary shall not use the reduced amount of the agency's Section 5342(aX1)(A) of the Indian Education Act of 1988 (25 U.S.C. expenditures for the fiscal year preceding the fiscal year for 264k1a)(1XA)) is amended by striking out "Indians" end inserting in which a waiver is granted to determine compliance with para- lieu thereof "Indiars,". graph (1) in any succeeding fiscal year, but shall use the amount of expenditures that would have been required to comply with SEC. 23. DEFINITIONS. paragraph (1) in the absence of a waiver.". Section 5351 of the Indian Edueotion Act of 1988 (25 U.S.C. 2651) is amended..- SEC. Is. IMPROVEMENT OF EDUCATIONAL OPPORTUNIVES FOR INDIAN (1) by amending paragraph (43(A) to read as follows: CHILDREN. "(A) a member (as defined by an Indian tribe, band, or (a) TRAINING POE THOSE SERVING INDIAN STUDENTR.Section other organized group) of such Indian tribe, band, or other 5321(d) of the Indian Education Act of 1988 (25 U.S.C. 2621(d)) is organized group of Indians, including those Indian tribes, amended by adding at die end thereof the following: bands, or groups terminated since 1940 and those recog- nized by the State in which they reside,"; Grants "(4) In making grants under this subsettion, the Secretary shall consider prior performance and may not limit eligibility (2) in paragraph (5)(A) the length of (A) by striking out "The" and inserting in lieu thereof on the basis of the number of previous grants or "Except as provided in subparagraph (B), the"; firne for which the applicant has received grants.". (B) by striking out "section 19841(10)" and inserting in (b) TECHNICAL Amusesurans.Subparagraphs (B) and (C) of sec- lieu thereof "section 1471(12)"; and tion 5321(eX1) of the Indian 1Fahication Act of 1988 (25 U.S.C. (C) by striking out "(20 U.S.C. 2854(1)(10))" aad inserting 2621(eX1)) are each amended by striking out. "upon request" and in lieu thereof "(20 U.S.C. 2891(12)"; and inserting in lieu thereof ", upon request,". (3) in paragraph 5(B) (c) AUTHORIZATION or APPROPRIATIONRSection 5321(gXI) of the (A) by striking out "The term" and all that follows Indian Education Act of 1988 (25 U.S.C. 2621(g)(1)) is amended by through "includes" and insertina in lieu thereof the fol- inserting ", other than subsection (eX1)" after "this section". lowing: "For purposes of the formula grant of subpart I (except for sections 5314011(210M) and 5315(c)), the term SEC. Is. FIELIAMSHIPS FOR INDIAN STUDENTS. local educational agency' includes"; and (a) TECHNICAL Conezerson Section 5323(a) of the IndianFA- (B) by striking out "edi cation" in clause (ii) and inserting ucation Act or 1988 (25 U.S.C. 2623(a)) is amendedby griking in lieu thereof "educational". out"poet baccalaureate"and insertinginlieuthereof "postbaccalaureate". SEC. 24. TRIBALLY CONTROLLED COMMUNITY COLLEGES. (b) TABLE or QHITENTE.The item relating to section r123 in the Section 108 of the Tribally Controlled Community Ozillege Assist- table of contents contained in aection 1(b) of the Augustus F. Haw- ance Act of 1978 (25 U.S.C. 1808) is amended byadding at the end kins-Robert T. Stafford Elementary and Secondary School Improve- thereof the following: ment Amendments of 1988 (102 Stat. 139) is amended toread as "(c) Nothing in this section shall be construed as interfering with, follows: or suspending the obligatien of the Bureau for, theimplementation of all legislative provisions enacted prior to April 26, 1988, specifi- "Sec. 532:1. Fellowships for Indian Sludents.". cally including those of Public Law 98-192.", SEC. 25. GIFTED AND TALENTED. SEC. 23. USE OF BUREAU FACILITIES. (a) DEMONSTRATION PROJECTS.Section 5324(b)(3)(C) of the Indian (a) IN GENCRAL..Section 5405(a) of the Augustus F.Hawkins- Education Act of 1988 (25 U.S.C. 2624(b(31(C)) is amended by Robert T. Stafford Elementary and Secondary School Improvement striking out "subsection (d)" and inserting in lieu thereof "subsec- Amendments of 1988 (25 U.S.C. 17(a)) is amended to read as follows: tion tc)". "(a) IN GENERALThe Secretary of the Interior may permit tribal Public lands. (b) Anornonse GRANTS.Section 5324(c) of the Indian Education Pub;ic buildings governments and organizations and student organizations to UK and grounds. Act of 1988 (25 U.S.C. 2624(c)) is amended 13ureau of Indian Affairs equipment, land, buildings, and other (1) in paragraph (4)(B), by striking out "1128(c)(1)(AXiirand structures if such use does not interfere with the purpose forwhich inserting in lieu thereof "1128(c)(4MAXi)"; and they are administered by the Bureau and when such use benefits (2) in paragi-aph (7 XAo, by striking out "evaluator" and insert- Indians or Federal or federally funded programs. The Secretary may utilities. ing in lieu thereof "demonstration project recipient.: under charge the user for the cost of the utilities and other expenses subsection (1s)". incurred for the use. The amounts collected shall be credited to the appropriation or fund from which the expenses are paid and shall be sEC. 21. OVIICE OF INDIAN EDUCATION. available until the end of the fiscal year following the fiscal year in section 5341(b)(2XD) of the Indian Education Act of 1988 (25 US.C. which collented. The Secretary's decision to not permit a use under 264 l(131(21(1))) is amended by striking out "Alaskan" and insertiag in this section in final and shall not be subject to judicial review.". lieu there(); "Alaska". (b) Sectioa 5405 of the Augustus F. Hawkine-Robert T. Stafford Elementary and Secondary School Improvement Amendments of 169 J),
4---) (...) 102 STAT. 1614 PUBLIC LAW 100-427--SEPT 9, 1988
1988 (25 U.S.C. 17) is further amended by adding at the end thereof the following new subsection: Contracts. "(c) The payment of any fee, or agreement to pay costs, to the Secretary shall not in any way or to any extent limit the right of the United States to rely upon sovereign immunity ok. any Stateor Federal statute limiting liability or damages from injuries sustained in connection with use under this section.". SEC. 26. WHITE HOUSE CONFERENCE ON INDIAN EDUCATION. (a) COMPOSITION.Section 5503(aX2) of the Augustus F. Hawkins- Robert T. Stafford Elementary and Secondary School Improvement Amendments of 1988 (25 U.S.C. 2001 note) is amended by inserting "(including members of local school boards of schools funded by the Bureau of Indian Affairs)" after "Indian educational institutions". (b) ADVISORY CAusimrrrxx.Section 5506(d) of the Augustus F. Hawkins-Robert T. Stafford Elementary and Secondary School Improvement Amendments of 1988 (25 U.S.C. 2001 note) is amended by striking otg "traveltime" and inserting in lieu thereof "travel time". (c) Gins.Section 5507(a) of the Augustus F. Hawkins-Robert T. Stafford Elementary and Secondary School Improvement Amend- ments of 1988 (25 U.S.C. 2001 note) is amended by striking out "Force," and inserting in lieu thereof "Force". SEC. 27. REPEAL 01? ANNUAL REPORT ON EDUCATION OF INDIAN CHILDREN. Section 6210 of the Augustus F. Hawkins-Robert T. Stafford Ele- mentary and Secondary School Improvement Amendments of 1988 (25 U.S.C. 2016a) is repealed. Approved September 9, 1988.
LEGISLATIVE HISTORY-1TH 5174-
CONGRESSIONAL REA!()III). Vol1:14 (198/4 Aug 9, considered and Fumed House and Senate. 1 70 0 3A) 0 APPENDIX I Education 11111
OplOMMINI4
alw 34 PARTS 1 TO 299 Revised as of November 1,1989
411
1111111111111 34 CFR O. N (11-1419 Iditlaa) Off. of Elem. and Soc. Edw., Education 250.4 Bee. 250.5 What provisions of the IndianSelf- 1 254.2(lleserve4) Unless otherwise provided, the fol- Determination and Education Assistance lowing definitions apply to Mill part Act apply to these programs? 1250.11 What regulatioas apply I. theseand to 34 CFR Parts 251 through 268: program? "Adult" means any individual who is Moped 6.--(lemvsdl In addition to the regulations con-sixteen years old or older, or who IN tained in this part and thz applicablebeyond the age of compulsory achool Sebpatt COlsw Ossi Oas Apply fata &Mt programregulatioi is,the programsattendance under State Law. 250.20 How does an applicant applyunder under 34 CFR Parts 251 through 258 "Adult education" means instruction a particular program? are subject to the Education Depart-or services below college level for AMNON=25 U.B.C. 2601-2651, unless ment General Administrative Regula-adults who are not enrolled in a mac- otherwise noted. tions (EDGAR) in: ondary achool and who do not have (a) 34 CPR Part 74 (Administration (1) The basic skills to enable them to of Grants); function effectively in society; or Subpart AOonaral (b) 34 CPR Part 75 (Direct Grant (2) A certificate of graduation from 1154.1 What programsare ',yawed by Programs), except for I 75.590(c) relat-a school providing secondary educa- theme regulations/ ing to a grantee's project evaluation; tion, and who have not achieved an (c) 34 CPR Part 77 (Definitions); equivalent level of education. The regulations in MIN Part&MY to (d) 34 CPR Part 78 (Education "Ancillary educational personnel" allprograms conducted under the Appeal Board); and Indian (1) This term means guidance cowl- Education Act exceptthe (e) 34 CPR Part 79 (Intergovernmen-eelors,librarlana and others who Indian Fellowship Prograin (34CFR tal Review of Department of Educa-assistinmeeting the educational Part 283). Programs governed bythese tion Programs and Activities), exceptneeds of Indian students. regulations and their applicablepro- that Part 79 does not apply to 34 CFR Pam regulations are as follows: Parts 252, 255, and 2541. (2) The term does not include per- (a) Formula GrantaLocal Educe,- sons in positions not directly involved tion Agencies (34 CFR Part 251). (Authority: 26 U.S.C. 2601-2061) in the educational process, such as (49 PR 22761. June 7, 1984, m amended atclerks or cafeteria Personnel. (Authority: 26 U.S.C. 21101-2001) 114 FR 20451, MAY 11, 19691 "Bureau achool" means an elementa- (b) Indian-Controlled SchoolsEn- ry or secondary day 'or boarding achool richment Projects (34 CFR Part 252). 168.4 What definition apply to theseoperated by the Bureau of Indian Af- program? fairs (BIA) of the Department of the (Authority: 25 USC. 2602(c)) (a) Definitions In RDGAR. Except asInterior. (c) Educational Services for Indian otherwiseprovided,thefollowing "Bureau-funded school" means Children (34 CPR Part 253). terms used in this part and in 34 CPRBureau school or an elementary or Parts 251 through 258 are defined insecondary uchool that receives Pub. L. (Authority: MI U.S.C. 2621(a), (c)) 34 CPR Part 77: 93-838 (Indian Self-Determination and (d) Planning, Pilot, and Demonstra- Applicant Education Assistance Act) contract tion Projects for Indian Children (34 Application funds or assistance under the Tribally CPR Part 254). Award Controlled Schools Act of 1968 from Budget period the Bureau of Indian Affairs. (Authority: 25 U.B.C. 2621(a). (b)) EDGAR "Child" means an individual within (e) Gifted and Talented Program ($4 Elementary school the age limits for which the aPPIkeble CPR Part 255). Facilities State provides a free public education. Fiscal year (Authority: 25 0.8.C. 21124(c)) Grant "Demonstration project" means Grantee project that affords opportunities to (t) Educational Personnel Develop- Grant period examine in practice, and to saner the PART 230INDIAN EDUCATION ment (34 CPR 256). focal government qualities of, an educational method, ACTGEWERAL PROVISIONS (Authority: 25 U.S.C. Mild). 2623) Minor remodeling approach, or technique for the pur- Nonprofit pose of adaptation of that method, ap- (g) Educational Servicm for Indian Private proach, or technique by other institu- Seeped A--41essetsi Adults (34 CPR Part 257). Project Project period tions with similar needs. Soc. "Equipment" means: 260.1 What programare governed by (Authority: 25 U.S.C. 2631(b)) Public these regulations? (h) Planning, Pilot. and Demonstra- Secondary school (1) Machinery, utilities, and built-in 260.2 (Reser mil tion Projects for Indian Adults (34 Secretary apparatus; 260.3 What reguk,zioas State (2) Any enclosure or structure necee- aoply to these pro-CPR Pert 258). State educational agency (SEA) mune Supplies sary to house the items listed in para- 360.4 What definitions81391.1 to Ume pro- (Authority: 25 VAC. 3631(a)) graph (1) of this definition; and grams? (54 PR 20481. allay 11, 1989) (b) Definitions that (IPA" to the pro- (3) Any other item necessary for the 172 grams governed by this part functioning of a facility for the provi- 250A Off. of Else.. sad Soc.Eden., Education 2.311A 34 CM Ch. N (11-149 Edition) bachelor'sor other politicalsubdivision of a "Indian institution" means a pre- for full credit toward a State, or such combination of school sions of educational services, includingschool, elementary, secendary, or post- degree; or districts or counties recognized in a items such as: A twolear Programin engineer- (1) Instructional apparatus and nee-secondary school that: the physical orState as an administrative agencyfor (1) Is established for the education ing, mathematics, or Um public elementary or'secondary emery furniture; biologicallences that Is designed to includes (11) Printed, published, and audiovis-of Indians; prepare a student towork as a techni-schools. The term Includes (2) Is controlled by a governing level inany other publicInstitution ar !agency ual instnwtional materiale; and cian and at a semiprofessional di- (iii) Books, periodicals, documents,board, the majority of which is Indian; engineering, scientific, orother tech-having administrative control end and related materials. and nological fields that requirethe under-rection of a public elementary or sec- "Free public education" except as (3) If located on an Indian reserva- of basic engi-ondary school. tion, operates with the sanction or by standing and application (2) As used in 34 CFR Part251 the defined in 34 CFR 251.32, means edu- neering,scientific, or mathematical and cation that la: charter ot the governing body of that principles or knowledge; term also includes tribal schools atpublirexpense,reserv stlon. nonprofit in-Bureau schools. (1)Provided "Indian organization" means an or- (4) Is a public or other under public supervision and direction, stitution; and "Parent" without tuition charge; s.nd ionization that: (5)(1XA) Is at nedited by anational- (1) Includes a legal guardian or (2) Provided as elementary or sec- (1) Is legally established: or as-other individual standing in loco par- (I) By tribal or inter-tribal charter or ly recognized accrediting agency enits (in the place of the parent)other ondary school education in the appli- sociation listed by the Secretary; or ad- cable State. in accordance with State or tribal law; (B) If not accredited, is anInstitu-than by virtue of being a school "Full-time student" means an indi-and tion whose credits areaccepted, onministrator or official. Examples of in- vidual pursuing studies that constitute (in With appropriate constitution, transfer, by not fewer thanthree insti-dividuals who may stand tn loco par- a full-time workloadin accordanceby-laws, or articles of incorporation; tutions that are accredited,on theenits with respect W a child are institution'sestablished (2) Has as its primary purpose the transferred from an (1) A foster parent of the child;and withan promotion of the educational, econom- same basis as if the Policy. institution that is accredited. (II) A grandparent with whom "Giftedandtalentedstudents"ic, or social self-sufficiency of Indians; (11) However, in the caseof an insti-child resides. give (3) Is controlled by governing (2) In determining whether anhidi- means children and youth who board, the majority of which is Indian:, tution described in paragraph(3)(111) with re- evidence of high performance capabil- of tills definition, if theSecretary de-vidual stands tn loco parentia ity in areas such as intellectual, cre- (4) It located on an Indian reserva- termines that there is nonationallyspect to a child, an LEA mayconaider ative, artistic, or leadership capacitytion, operates with the sanction or by recognized accrediting agency or asso-much factors as: or in specific academic fields, andwhocharter of the governing body of that that type (1) The current relationshipof the ciation qualified to accredit child and the natural parent(s); require services or activitiee not ordi-reservation: of institution: of the narily provided by the school in order (8) Is neither an organization or sub- (A) The Secretary appoints anadvi- (II) The length and stability in develop much capabilities fully. division of, nor under the direct con- sory committee composedof personsrelationship between the individual "Handicapped Person" means an in-trol of, any institution of higher edu- specially qualified to evaluatetrtiningand the child; dividual requiring special educationcation; and institution; (111) Tribal custom and tribel (8) Is not an agency of State or local provided by that type of whetbsr and related services because he or she: and (lv) Applicable State law, (1) Is mentally retarded,hard-of-government. (B) The advisory committee pre-legislative or judicial; and "Indian tribe" means any federally (v )Dependency for purposes of hearing, deaf, speech-impaired, visual- tribe, band, scribes C2 standardsofcontent, ly handicapped, seriously emotionallyor State-recognized Indian scope, and quality that mustbe met inState of Federal income taxes. disturbed, orthopedically Impaired, ornation,rancherla,pueblo,Alaska institu- "Pilot project" means a projectthat Native village, or regional or village order to qualify that type of testa an educationalmethod,ap- other health-Impaired; or tion to participate under theappropri- limited and (2) Hu a specific learning disability.corporation as defined In or estate ate program and determineswhetherproach, or technique in a "Indian"except asnoted inlished under the Alaska Native Claims institutionsmeetthosecontrolled setting to del ermine: Settlement Act (85 Stat. 888), that ex- Particular (1) Whethertheeducational I 250.5(b)means an individual who is: standards. meets (1) A member (as defined by anercises the power of self-government. (ill) For the purpose ofparagraphmethod, approach, nr technique Indian tribe, band, or other organized "Institution of higher education" (5) of this definition, theSecretaryan established neva;and group) of such Indian tribe, band, ormeans, in any State, an educationalin- publishes a list of nationally recog- (2) Whether the educationalWee- stitution that: Mee of the educationalmethod, ap- other organized group of Indians, in- nized accrediting agencies orassocia- appropriate cluding those Indian tribes, bands, or (1) Admits as a regular atudent only tions that the Secretary determinestoproach, or technique are an individual having ahigh school for Indian chihiren or adults. groups terminated since1940 and be reliable authority es to thequality project those recognized by the State in whichgraduation certificate or the recog- of education or training offered. "Planning project" means a nized equivalent of a high school grad- that: they reside; "Local educational agency"(LEA) objec- (3) A descendant, in the first oruation certificate; means (1) Establishes educational sec and degree, of an individualde- (2) Is legally authorized within that (1) A public board of education ortives; and scrLbed in paragraph (1) of this dentinState to provide a program of educa- other public authority legally consti- (2) Proposes activities and resources tion beyond high school; that would be needed to meetthese non; tuted within a State foreither admin- Indian (3) Considered b; the Secretary of (3) Provides: istrative control or direction of, ortoobjectives for the education of An educationalProgramfor children or adults. the Interior to be an Indian for any (I) perform a service function for,public ln 34 sesrpose; or which it awards a bachelor's degree; in a "Secondary school," as used (U) An educational program of not elementary of secondary schools CFR Parts 254, 255, and258, means a (4) An eskimo or Aleut or other city, county,township, school district, Alaska Native. less than two years that Is acceptable 4:r 14)
4'1 . I 2SO.S DT CFR CIL N (111-149 Wee) Off. ef 11140. sod Sem Edw., Educetlen 251.3 day or residential school that provides (1) Give to Indians preferences and Arrnmarar: 25 U.S.C. 2601-3001, unless secondary education, as determinedopportunities for training and employ- otherwise noted. under State law, except that it doesment in connection with the adminis- PART 251INDIAN EDUCATION not include any education providedtration of the grant; and FORMULA GRANTS TO LOCAL Subpar? A-41/001111 beyond grade 12. (3) Give to Indian organizations and EDUCATIONAL AGENCIES "State," as used in 34 CFR PartstoIndian-ownedeconomicenter- 1 261.1Formula GrantsLocal num- 261, 262, and 253, means any of the 60 Selman Afitment States, Puerto Rico, Wakt: prisesas defined in section 3 of the Hotta Agemies. Guam, theDistrictofColumbia,Indian Financing Act of 1974 (25 Sec. This program, Formula Grants American Samoa, or the Virgin Is-U.S.C.1462(e))preferenoeinthe 261.1 Formula GrantaLocal EducationalLocal Educational Agencies (LEAs), lands. award of contracts in connection with Agencies. Provides financial assistance to devel- "Stipend" means an allowance forthe administration of the grant. 251.2 Who is eligible for smistance underop and carry out elementary and sec- magma living expenses paid to a par- this program? ondary school projects that meet the (authority: Pub. lis 93-4135. Section 7(b); 25 261.3 What regulations apply tO this oro.special educational and culturally re- ticipant in a personnel development U.S.C. 4110e(b)) gram? Pro Net- 251.4 What definitions &ROY tO this Pro-lated academie needs; of Indian chil- ruches aide" (b) For purposes of this section, an gram? dren. (1) This term mune a person who"Indian" ismember of any Indian (Authority: 25 U.S.C. MOD assists a teacher in the performance oftribe, band, nation, or other organized Wiped 11Witel Riad Adbritiee Dees Moo tweetary Assist Wader fhb memo (49 FR 23764, June 7, 1964, as amended at the teacher's teaching or administra-group or community, including any 54 FR 19336, Way 4, 19111 tive dut4es. Alaska Native village or regional or vil- 251.10 What type of projects may be (2) The term does not include per-lage corporation as defined in or estab- 1 261.2 Who iseligibleforasaistance sons in positions not directly involvedlished under the Alaska Native Claims funded? in the educational proceas, such as 'leder tide program? Settlement Aet (55 Stat. 61111), that Ls Reiman CHew lime Om Apply tor e Greet? (a) An LEA is eligible for aasistance clerks or cafeteria personnel. recognized as eligible for the special "Tribal school" means any school 251.20 How laparent committee &elected? under this program. operated by an Indian tribe, or an or-programs and services provided by the 351.21 Must an applicant hold a public (bX1) An LEA other than a tribal ganization controlled or sanctioned byUnited States to Indiana because of hearing? school or a Bureau school is entitled an Indian tribal government for thetheir status as Indians. 251.22 How does the LEA determine theto receive a grant only if the number children of that tribe if the school (Authority: 25 U.S.C. 450 (b), (d), (e)) student count? of Indian children enrolled in the either LEA's schools is either (49 FR 33761, June 7. 1914, aa amended at Wiped DHow Dem lite Sorretery Helio e (I) At least 10; or (1) Provides its students an educe- 54 FR 30411, May 11, 19613 &ma Waal Program that meets the stand- (II) At least one-half of the total en- ards established by the Secretary of 251.30 How does the Secretary determinerollment for that agency. the Interior In accordance with the Sapid 11IRseerved) the amount of a grant? (2) However, an LEA may apply Indian Self-Determinatton and Educa- 251.31 Psymenta to local educational agen-without regard to the enrollment re- tion Assistance Act; or Subpart CNow Dan Ono Apply for cies. quirements of paragraph (bX1) of this (2) Is operated by that tribe or orga- Grant? 261.32 Free public education. lection if it Ls located nization under a contract with the De- (1) In Alaska, California, or Oklaho- Pitmen 1Witel Comlitime Must S. Het by e ma; or Pertinent of the Interior in accordance1 21111.21 How does an applicant apply Oreetteet with the Indian Self -Determination Ruderparticular proem? (11) On, or in proximity W, an Indian and Education Amistanee Act. 151.40 What la the maintenance of effortreservation. (a) An applicant shall specify in its required for LEM? (c) An LEA that Ls a Bureau school (Authority: 25 U.S.C. 2601-3651) application the particular program 251.41 When may the Secretary grant ais eligible only if funds are available in (Authority: 30 U.S.C. 3411m-241ff. 244, IISI, under 34 CFR Parts 251 through 256 waiver of the maintenance of effort re-accordance with section 5312(bX3) of 1302, 12111a, 1221h(a). $311. 2316, 3315a) under which it is applying. (!uirement? the Act. (411 PR 23761, June 7. 1164, se amended at ( b) If the applicant submits an aPP11- 2L. -42 What la the effect of a waiver on de- 63 PR 211232, July a 1967; 64 FR 20411,cation under a program covered by termination of an LEA's maintenance of (Authority: 26 U.S.C. 2102 (a), (b)) May 11, 19691 this part and the project proposed by effort In the following year? (54 FR 10335, May 1, 11111 the applicant Ls not authorized under 251.43 How must a grantee uee the results 1250.5 What proviektas of the ladies of its evaluations? 1 261.3 What regulations apply to this pro- Self-Deimminalloa and Education As-that program, the Secretary may, with pam? sistance Act apply I. dame programs? the consent of the applicant, review Moped 11.Witet Are Ike Aininiebeliwe (a) Awards under programs coveredand consider the application under an ReeponeibiNtiee el e Greased The following regulations apply to by this part that are primarily for theappropriate program, if any, covered this program: by this part. 251.50 What are the responsibilities of a (a)( 1) The regulations in 34 CFR benefit of Indians are subject to the grantee regarding student certification? Part 250. provisions of section 7(b) of the Indian (Authority: 25 U.S.C. 3601-2651) 251.51 How does the Secretary determine a (2) However, 34 CFR 75.111 (d) and Self-Determination and Education As- grantee's compliance with the student(e) of the Education Department Gen- sistance Act (Pub. L. 92-636). That sec-(49 PR 23761. June 7, 1964, as amended at certification requirements? 64 PR 30411, May 11. 19191 261.62 What action does the Secretaryeral Administrative Regulations, relia- tion requires that, to the greatest take if a grantee hills te meet the stu-ble to the contenta of an aPPlication. utent feksibAe, a grantee: dent certification requirements? do not apply to this program. 174 vs 001/4) *251.4 34 CM Q. N (11-1419 Wien) Off. of Ilosa. sod Soc. Edw., Education 251.31 (bX1) The regulations in this PartSubpart CHow Dims Ono Apply kr ance and to offer recommendations on (Authority: 25 U.B.C. 2602(b), 2604(d), 2651) 261. a Grata the project. 154 FR 19335, May 4, 1969) (2) However, the following provi- (c) In the cue of an applicationfor a sions of this part do not apply to tribal1 261.21 How is a parent committee select- continuation award, the grantee shall Subpart 0How Does Ow Secretary schools or Bureau schools: ed? provide at the public hearing or hear- Stake a Grant? public dis- (I) Section 251.20, relating to the se- (a) Before developing an epplication, ings an opportunity for full cussion of all aspects of the project to 261.34 How does the Secretary deter- lection of the parent committee. an LEAother than a tribal school or of the (11) Any other provisions of this parta Bureau Schoolshall establish and date and for the remainder mine the amount of a great? relating to the parent committee. publicize procedures for the selection project period. (a) The Secretary determines the (LW Sections 251.31 and 251.32 relat-ofparent committee. (Authority: 25 U.B.C. 2601(b)(2)(5)(1), 2651) amount an applimintreceives any ing to free public education. (b) The folk:wing are eligible to 149 FR 23164, June 7, 19 14, asamended at fiscal year on the basis of the formula (iv) Sections 251.40-251.42 relatingselect and serve on a parent commit- 64 FR 19336, May 4, 19691 in section 5312(b), of the Indian Edu- to the tnaintenance of effort required tee: cation Act. for LEAs. 41) Parents of Indian children who 261.22 How does tile LEA determinethe (b) Under the statutory formula, the willparticipateintheproposed student count? Secretary computes the amount of the (Authority: 26 U.B.C. 2401-311041, 2661) project. (a) Before including a studentin thegrant to which an applicant I. entitled (49 PR 23764. June I. 1944, as amended at (2)Teachers,includingguidance count of Indian children to generate by multiplying: 54 PR 19336, May 4, 1969) (1) The number of Irian children counselors, except members of the funds under this part, an LEAshall the aPPII. project staff. (1) Establishdate or a period, notenrolled in the schools I 261.4 What dentitions apply to this pro- (3) Indian secondary schoolstu- exceeding 30 days, during which thecant and to whom the applicant pro- gram? dents, if any, enrolled in the LEA's LEA conducts the count; vides free public education; by (2) Determine that the .hild was en- (2) The average per pupll expendi- The definitions in 34 CFR 250.4 schools. ture for the LEA as determined under apply to this program. (Oil) At least half the members of rolled in the LEA's elementary or sec- ondary schools on the count date orsection 5312(bX2XC), of the Indian (Authority: 26 U.B.C. 2601-2606) the committee must be parents of the Education Act. Indian children to be served by the during the count period; (c) In setting the amount ofgrant, proposed project. (3) Determine that the child re-the Secretary allocates to each ap- Subpart 11What Kind of Activities (2) The committee must include at ceived a free puoilc education in the applicant an amount that Does the Secretory Assist Underleast one teacher and, where applica- LEA's &chock on the count date or proved during the count period; and bears the same ratio to the total This Pregnant ble, at least one secondary student to amount aPProPriated so the Product be served 13y the program for which (4) Obtain for each child included in the count the student certificationof paragraphs (b) (1) and (2) of this 251.19 What types of projects may be aasistance is sought. section for that applicant hears to the funded? form prescribed by the Secretary. (d) The persons listed in paragraph (b) Before including a student in thesum of these products for allapproved (a) The Secretary may fund applica- (b) of this section shall select the applicants. members of the committee. count of Indian children to generate tions proposing the funds under this part, the LEA shall (Authority: 24 U.B.C. 2602(b), 2606) (1) Establishment, maintenance, or (e) An individual may continue to be determine that the student certifica- operation of projects specifically de-a member of the committee only so tion form referred to in paragraph (49 FR 23764, June '1, 1.964, as amended at signed to meet the special educationallong as he or she is eligible under (aX4) of this section includes, at a50 PR 10924, Mar. 18, 19661 64 PR 193)11, or culturally related academic needs, paragraph (b) of this section. minimum: May 4, 19691 or both, of Indian children; or (Authority: 25 U.B.C. 2604(bX2X13). 2661) (1) The student's name; Payments to local edweational (2) Training of cc .sselors at the ap- (2) The name of the eligible Indian 1 251.31 Plicant's school in counseling tech- (49 PR 23764. June 7, 1144, as amended at tribe, band, or group of which the stu- agencies. niques relevant to the treatment of 64 PR 10335, May 4, 1989) dent, the parent, or the grandparent is The Secretary makes payments to a member, as defined by thetribe,an applicant local educational agency alchol and substance abuse. I 261.21Must an aPplicant hold u public (LEA) for children claimed under sec- (b) An applicant may also aPPly for hearing? band, or group; and (3) The parent's signature and date.tion 5312(b), of the Indian Education assistance to: (a) Before preparing an application (c) The LEA may include in the Act, only if: (1) Plan for and take other stepsfor a new or continuation award, an (a) The LEA is responsible under ap- leading to thedevelopment of count a student whose student certifi- applicant shall hold one or more hear- cation form does not have the parent's plicable State or Federal law for pro- projects; and ings open to the general public. r)gnature and date, provided that theviding a free public education (ais pro- (2)'s.rry out pilot projects designed (b) At the public hearing or hear- parent's signature and date 6.:e ob- vided In I 251.32) to those children; to feet the effectiveness of those plans. ings, the applicant shall provide to the tained within 90 days ot the start of (b) The LEA is providing a free (Authority: 25 U.B.C. 2803) parenta of Indian childrenincluding the grant period for which the studentpublic education to those children; persons aeting in loco parenlls is counted to generate funds underand (49 PR 23764, June 7, )944, u amended at teachers, and, where applicable, sec- (c) The State provides funds for the 64 PR 19335, May 4, 19993 this part. ondary school students, a full opportu- (Approved by the Office of Managementeducation of those children on the nity to understand the project for and Budget under control number 1810- same basis as all other publicschool which the applicant is seeking assist- 0031) children in the State. c.1175* 251.32 34 CPR Ch. N (11-1-39 Edition) Off. Mem sod See. Eder, Edecution *251.43 (Authority: M U.S.C. 2602(b), 2451) pecta of the educational program for fiscal period ending on June 30, 1984. The (ii) A precipitious and unforeseen de- the children claimed. The Secretary "second preceding fiscal year" I. the 12-cline in the financial resources of the (53 PR 24232, July 28. um, as amended at month fiscal period ending on June 30, 1983. LEA. 54 PR 19334, May 4. 1089) considers significant aapects of the education& program to include admin- (eX1) For the purpo...,-; A making the (2) The Secretary does not consider 25132 Free public mileartioa. istrative decisions relating to teachers, finding described in paragraph (a) oftax initiatives or referenda to be ex- instruction, and curriculum. this section, an SEA may computeceptional circumstances. (a) Aa used in $ 251.31, a free public (d) If the Secretary grants a waiver education means education that la pro- (Authority: 25 U.S.C. 2602(b). 2451) combined fiscal effort on the basis of vided: either aggregate expenditures or perunder paragraph (a) of this section, (1) At public expenee; (52 PR 28233. Juiy 28. 1947, as amended at pupil expenditure. the affected LEA may receive Its full (2) As the complete elementary and 54 PR 19334, May 4, 19411) (2)(1) As used in this section, "aggre-allocation of formula grant funds. secondary educational program; gate expenditures" means expendi- (Approved by the Office of Management (3) ln a school of the LEA or under a imbitort E--Whot Conditions Must Bs tures by the LEA and the State forand Budget under control number 1810- tuitionarrangementwithanother Met by o Zirasiteof free public education provided by that 0021) LEA or other educational entley; and LEA. (Authority: 38 U.S.C. 2608(c)) (4) 'ander public supervialon and di- I 251.49 What I. the malatesaace of effort (II) The term includes expenditures rection. reeitimmeat? (51 FR 4734, Feb. 7, 1966, as amended at 53 for administration, instrnction, attend- FR 49144. Dec. 6, 1945; 54 PR 19334, UaY 4, (b) For the purpose of paraeraph (a) Subject to the granting of a ance, health services, pupil transporta- 1989] (aX 1) of this section, education is pro- waiver under I 251.41, the Secretary tion services, operation and mainte- vided at public expense if: makes full payment.% to an LEA for nance of plant, fixed charges, and net 251.42 What I. the effect of a waiver on (1) There is no tuition charge to theany fiscal year if the appropriate SEA expenditures to cover deficits for food determination of au LEA's mainte- child or the child's parents; and finds that the combined fiscal effort services and student activities. nance of effort in the following year? (2) Federal funds, other than Pub. L. of that LEA and the State with re- (Ili) The term does not include ex- 51-874 funds (Impact Aid) and Pub. L. No level of expenditures permitted spect to the provision of free public penditures for community services, under a waiver may be used as a. basis 93-835 contract funds (Inolen Self-De-education by that LEA for the preced- capital outlay and debt aervice, or anyfor computing the fiscal effort re- termination and Education Assistanceing fiscal year was not -less than 90 expendituresfromfundsgranted Act), do not provide a aubstantial por- quired under $ 251.40 for subsequent percent of the combined fiscal effort under Federal programs of assistance. years. Instead, for subsequent years, tion of the basic educational program. for that purpose for the second pre- (3) As used in this section, "per pupil (c) For the purpose of paragraph fiscal effort must be computed on the ceding fist& year. expenditures" means aggregateex- basis of the level of expenditures that (aX2) of this section, the complete ele- (b) The requiremert of paragraph penditures divided by the number of mentary or secondary educational pro- would have been required had a waiver (a) of this section doea not apply to an pupils in average daily attendance atnot been granted. gram is the program recognized by theLEA that is a tribal school or a bureau the LEA's schoolsas determined in State sa meeting ail requirementa for school. accordance with State law--during the Example: An LEA was granted a waiver in elementary or secondary education for (c) Subject to the granting ofa. fiscal year for which the computation fiscal year 1945 because Its fiscal effort in the children claimed. It is not a pro- waiver under I 251.41. if the Secretary is made. the preceding fiscal year (19at) was leas gram that provides only: determines that the LEA has failed to than 90 percent of its fiscal effort in the (1) Supplementary services or in- (Authority: 25 U.S.C. 2405(c). 2651) second preceding fiscal year (1M') due to struction; or maintain the combined fiscal effort as exceptional circumstances. In determining required under paragraph (a) the Sec- (51 FR 4734. Feb. 7. 1986, as amended at 54 maintenance of effort for the purpose of (2) A portion of the required educa- FR 19336, May 4, 1989) tions', program. retary reduces the LEA's award in the funding in fiscal year 1086, the LEA'. com- exact proportion by which the LEA bined fiscal effort for the preceding fiscal (d) For the purpose of paragraphfailed to meet the combined fiscal *261.41When may the Secretary grant a Year (1985) must Ise at least Ill percent (90 (aX3) of this section, a tuition ar-effort requirement. waiver of the maiettaitace of effort re- percent of 00 percent) of its !local effort in rangement must: (d) For purposes of determinine quireasent? the third preceding fiscal year (1983). (1) Satisfy all applicable legal re- (Authority: 28 MSC 21106(c)) quirements in the State; and maintenance of effort, the "preceding (a) The Secretary may grant a (2) Genuinely reelect the applicantfiscal year" means the Federal fiscal waiver, for one year only, of the main- (51 FR 4734, Feb. 7, 1986, as amended at 54 LEA's responsibility to provide a freeyear or the I2-month Meal period ter nceofeffortrequirementin FR 19336, May 4, 1089) most commonly used in a State for of . 1 251.40,if the Secretary determines publiceducationtothechildren grantee use the re- claimed under section 5312(b), of thetidal reporting purposes pilor to the that the LEA'. failure to meet that re- 1 251.43 How mast Indian Education Act. beginning of the Federal fiscal year in qeirement le due exceptional circum- suits of its evaluations? (e) For the purpose of paragraphwhich funds are awarded. stances. (a) If an evaluation under seetlon (aX4) of this section, education provid- Example: For funds awarded in fiscal Year (b) An LEA may aelt the Secretary to5314(aX4) of the Act shows that a ed under public supervision and direc- 1985 for expervIlture by LEAs during the grant a waiver of the maintenance ofprojectlsnot making substantial tion means education that is provided* 19115-84 school year. If a State is using the effort requirement by submitting a re-Progress toward meeting the objec- (1) In a school of the applicant LEAFederal (Lmal year, thi. "preceding fistal quest for a waiver that includes a de-tives of the project and this part, the or another LEA; or year- is fiscal year 1984 (which began on sception of the circumstances that thegrentee shall amend its application in October 1.1983). The "second preceding LEA considers to be exceptional. accordance with section 5314(c) of the (2) By another educational entity. fiscal year" is flacel year 10113 (which began over which the applicant LEA, oron October 1, 1982). If a State is using a (cX1) Exceptional circumstances in-Act. other public agency, exercises author- fiscal year that begins on July 1, 1984. the clude but are net limited to: (b)he amendments to the applica- ity with respect to the significant as-"preceding fiscal year" isthe la-month (1) A natural disaster; or tion must include changes that will 176 3.14, OfT. af Else. and Sec. Educ., Eelvaitles 252.4 251.SO 34 CPR Ch. II (11.149 Edifies) Sec. 0 262.3 What regulations apply to this pro- enable the grantee to meet those ob-of funds improperly generated. The Sabred C(Itmervedl gram? jectives. Secretary may The following regulations apply to (1) Collect the funds awarded for Selmer, C1eesw Dees floo Soerehoy Make a this program: (Authority: RI U.B.C. Mee (aX4), (c)) each child inappropriately counted in &era la4 PR 193241. May 4. 19291 (a) The regulations in 34 CPR Part the fiscal year or yearn at issue by 2.4.30 How does the Secretary evaluate an 280. (I)Demanding direct repayment Subpart IFWhed Ars Ow Adobe Wm- application? (b) The following provisions in 34 from the grantee: 253.31 Wnat selection criteria does theSec- CPR Part 251: Ova Reveal lieNhles of s Grant. (il) Reducing the grantee's current retary use? (IX° Section 251.20. relating to the grant award where the Secretary's de- AUTHORITY: 26 U.S.C. 2802(c), unlessoth-selection of the parent committee. 1 161.6e What are the respossileintke of atermination under paragraph (a) of enlist noted. (II) However, this requirement does gramme regarding student **nines-the section concerns the current fiscal not apply to an Indian tribe or Indisn Um? year; or Subpart AOonerel organization. For each student included in the (III) Offsettingtheequivalent WI) If an applicant LEA has formed amount from the grantee's award for a 1 262.1lease-Controlled SchoolsEn-or is forming parent committee count of Indian students in accordancefiscal year following the determine- with1 251.22and on which the richment Projects. under 34 CPR 261.20 for the purpose amount of a grant is based, a granteedon; and This program, Indian Controlledof applying forgrant under 34 CPR shall keep on file the student certifica- (2) For one to three years following SchoolsEnrictunentProjects,pro-Part 361 (Formula DrugsLocal Edu- tion form prescribed by the Secretary.that determinations require the grant- vides financial assistance for educa-cational Agencies) the LEA may have (Approved by the Office of Managementee to submit with Its application for tional enrichment projects designed tothat committee serve as the pcxent and Budget under control number 1810-funds under thie part a verification by meet the special edueslional and cul-coMMIttee for the purposes of this ,931) an independent eutditor that student turallyrelated academic needs ofprogram. (Authority: 25 U.B.C. 3694(d)) certification forms have been complet- Indian children In Indian-controlled (2) Section 261.21. relating to the ed and maintained by the grantee tor elementary and secondary schools orholding of one or more public hear- (49 PR 23764, June 7. 1954, as amended ateach child included In the count In the 64 PR 193241, May 4, 1989) LEM. ings. application. (3 XI) Section 251.40, relating to the II 281.61 How does the Secretary deter- (b) In applying an administrative (Authority: 25 U.B.C. 2692(c)) maintenance of effort required for ease a graMee's compliant* with theoffset under 1 251.52taX 1 Xiii), the Sec- (49 PR 23767. June 7, 1984. Redesignated atLEAL Meting cedinesttoa esquiresseals? retary uses the procedures contained 54 TR 29481, May 11. 1989, and amended at (II) However, this requirement does Periodically, the Secretary reviews in 34 CPR Part 30. 54 PR 39492, May 11, 19891 not apply to an Indian tribe or Indian grantee's records to determine, for the(Approved by the Office of Management assistanceorganization. current fiscal year and for prior fiscaland Budget under control number 1811)- 262.2 Who leeligiblefor under this programa? (cX1) The regulations in this Part years for which the grantee is required0031) 262. to maintain records, if (Authority: 25 U.B.C. 2501-2606) (a) Under this program any appli- (2) However, en Indian tribe or (a) The requirements in1 351.22 cant among the following is eligibleIndian organisatien is not subject to were met; (54 PH 19336, May 4, 1989) for assistance if it operates or plans toany Provisions of this partrelating to (b) A certification form that meets establish and operate a school forthe parent committee. the renuirements of 1 251.22 is on file Indian childrenor,ifeligible,an for each child included by the grantee PART 252INOTAN CONTRO,..10 LEAthat is located on or geographi- (Authority: 26 U.S.C. 3403(c)) in the count of children to generate SCHOOLSESUCHMENT PROJECTS cally near one or more reservations: funds ender this part; and tee FR 23767, June 7, 1964. Redesignated at (c) Each child counted by the grant . (1) Indian tribes; 64 FR 20451, May 11. 1989, and amended at ee is otherwise eligible to be counted SaMpeat AGemtel (2) Indian organizations: 64 Ps 304112, May 11. 1960] (3) Local educational agencies under this part. Sec. (LEAs) that have been in existence 262.4 What deflnitloaa apply I. *Is pew (Approved by the Office of ManagementkW) Indian ControlledBc hop's Dirk h- grass? and Budget under control number 1610- meat Projects. not more than three years. 0031) 292.6 Who I. eligible for assistance under (b) The requirement that a School 10 The definitions in 34 CPR 260.4 thls program? be assisted under thls part be locatedapply to this program. (Authority: 28 U.S.C. 2601-3808) 262.3 Whst regulations aPply to this pro- on or near a reservation does not (54 PR 111338, May 4, 1089) gram? apply to any school serving Indian (Authority: 25 U.B.C. 2101-2606, 2681) 363.4 What definitions apply to this pro- 261.62 What action does the Steretary children in Alaska, California, or Okla- (49 FR 23767, June 7, 1964. Redesignated at gram? homa. 54 FR Mtg, May 11, 1N0, and amended at take If a grantee folk to meet ger Am- 54 PR 304112. MAW 11. 10693 ami otrelle Won nwpgreintala? Saipan 13--Whal Woes of Adivalos Dos* Ike (Authority: 25 U.S.C. 24102(c)) 44;IftheSecretary determines Soustert Aube auk. Pale Praipooll ($0 PR 10635, Mar. 111, 1916. Redesignated under 1 251.61 that a grantee is not in212.16 What types of projects may be at 64 PR 20481, and amended at 54 FR compliance with the student certifica- 29442) tion requirements, the grantee shall funded? repay to the Departenent the amount Fart 253 24.10 34 CFR Ch. N (11-149 Editien) OFF. a Elora. and Sac. Educ., Education
II 252.31 (c) Parental and community invohe-the quality of the evaluation plan for &Apart IIWhot Kinds of &fluidal' What eekctioa criteria doss ths the project. Damn the Sacretary Assist Under Secretary use? ment. (10 points) (1) The Secretary reviews each ap- (2) In making this determination, Thk FrovanT The Secretary uses the following se- plication to determine the extent tothe Secretary considers: lection criteria in evaluating each ap- which parents of the children tobe (I) How well the evaluation will 1 ULM What types el projects may beplacation: served and other members of themeasure: flowled? (a) Need. (20 points) Indian community are involved in the (A) The project's effectsveness in (a) The Secretary may fund applica- (1) The Secretary reviews each ap- project. meeting each objective: and tions proposing projects that include,plication to determine the need for (2) The Secretary looks for informa- (B) The impact of the project on the hut are nut limited to, those designedthe proposed project. tion that shows that parentsandchildren involved; to: (2) In making this determination. other members of the Indian commu- (ID The applicant's plan for collect- (1) Improve acquisition of bailie aca-the Secretary considers: nity: ing and analyzing data, including: demic skills; (I) The educational needs to be ad- (I) Were involved in planning andde- (A) The appropriateness of the in- (2) Stimulate interest in careers; dressed by the project, including the veloping the project; and struments to collect the data; (3) Stimulate interest in tribal cul-extent and severity of these needs as (Ii) Will be involved in operating and (B) The appropriatenessofthe ture and organization; indicated by the number and percent- evaluating the project. .method for analyzing the data; and (4) Prevent school dropouts andage of Indian children with the needs (d) Quality of key personnel.(10 (C) The timetable for collecting and in the area to be served by the project points) analyzing the data; and reduce absenteeism; and by such factors as dropout rates, (1) The Secretary reviews each ap- (5) Establish or improve preschool (lii) Procedures for academic achievement levels, stand- plication for information that shows Periodicassessmentofthe education programs. Including kinder-ardized teat scores, or other appropri- the qualifications of the key personnel (A) garten; or progress of the project; and ate measures. the applicant plans to use for the (B) If necessary, modification of the (0) Develon or improve instructional (II) A description of the efforts being project. materlala. project earesult of that assessment. made to meet these needs and an ex- (2) The Secretary looks for informa- (g) Adequacy of resoUrce& (10 points) (b) The activities listed in paragraphplanation of why these efforts are in- tion that shows: (1) The Secretary reviews each ap- (a) of this section are examples ofsufficient; (I) The quaillations of the projectplication to determine the extent to projects the Secretary may fund under (Si) A clear description of the educa- director; which the resources to be devoted to this program. AD aPPlicant may Pro-tional approach to be used and why (li) The qualifications of each of the other key personnel to be used in thethe project are adequate. pose to carry out one or more of thesethe applicant haa chosen this ap- (2) In making this determination, activities or any other activity thatproach; project; the Secretary looks for information meets the purpose of this program. (Iv) Evidence that the approach Is (iil) The time that each person re- ferred to in paragraphs (dX2) (i) andthat shows: likely to be successful with the chil- (I) The facilities that the applicant (Authority: 25 U.B.C. 2602(c)) dren who wW participateinthe (II) of this section will commit to the (49 PR 23757, June 7, 1984. Redesignated atproject; and project; and plans to use are adequate; and (Iv) The extent to which the appli- (U) The equipment and supplies that 64 PR 20451, May 11, 1959, and amended at (v) An explanation of why the appli- the applicant plans to use are ade- 54 PR 20482, Kay 11, 1989) cant lacks the financial resources to cant will give preference to Indians in conduct the project. the hiring of project staff. quate. (3) To determine personnel qualifi-(Approved by the Office of Management &Aped C-4 bowman (b) Plait of operation. (20 points) and Budget under control number 1810- (1) The Secretary reviews each ap- cations, the Secretary considers expe- plication to determine the quality of rience and training in fields related to 0021) Subpart Donis tha Sow Airy the objectives of the project, as well as (Authority: 25 U.S.C. 2602(c), 2604) Maks a Orate the plan of operation for the project. other information that the applicant (2) In making this determination, 149 PR 23767, June '1, 1984, as amendedat provides. 53 PR 49144, Dec, 6, 1956. Redesignatedat 25236 How does the Secretary eyeholethe Secretary looks for; (e) Budget and cost effectiveness. (10 at an applkationt (I) A clear statement of the purpose 54 PR 20481, May 11, 1989, and amended poin.$) 54 FR 20482. Mar 11, 19891 (a) The Secretary evaluates an appli-of the project; (1) The Secretary reviews each ap- (II) Objectives that are: plication for information that shows cation on the basis of the criteria in (A) Related to the purpose of the that the project has an adequate 262.31. project; FART 253EDUCATIONAL SERVICES (b) The Secretary awards up to 100 budget and Is cost effective. FOR INDIAN CHILDREN possible total points for these criteria. (B) Sharply defined; (2) The Secretary looks for informa- (C) Stated in measurable terms: and tion that shows: (c) The maximum possible score for (I) The budget for the project is ade- Subpart AGemrel each complete criterion is indicated in (D)Capableofbeingachieved parentheses. within the project period; quate to support the project activities; Sec. (III) An activity plan, Includingti- and 253.1Educational Services for Indian Chil- (Authority: 25 DAC 2601(c), 1601) meline, that clearly and realistically (II) Costs are reasonable in relation dren. outlines the activities related to each to the objectives of the project. 253.2 Who I. eligible for assistance under 149 PR 23757, June 7, 1984. Redesignated at objective; and (1) Evaluation plan. (20 Pointe) this program? 64 FR 20461, May 11, 1909, and amended at 353.3 What regulations apply to this pro- 54 PR 20481. May 11, 19891 (Iv) A plan for effective administra- (1) The Secretary reviews each ap tion of the project. plication for information that shows gram? 178
-; ; 0 t1 I 25342 §1S3.1 34 CFR Ch. N (11-149 Edifies) Off. ef Elem. end Sec. Educ.,Educetien Sec. education for projects described in fund under this program.An applicant (a) Need. (20 points) 263.4 What definitions apply to this pro-1 253.10(c) out one or more (1) The Secretary rem wseach ap- gram? may propose to carry for (Authority: 26 U.S.C. 2621(c)) of these activities or any otheractivityplication to determine the need of this pro-the proposed services. Subpart 8W1sel Wads ef Activitim Dem Me (49 FR 23769. June 7, 1964. Redesignated that meets the purposes (2) In making thisdetermination. Seer Mery Asa MA Under This Mime? and amended at 64 FR 20482, May 11. 19803 gram. applicantsthe Secretary considers: (c) Consortia of eligible the 263.10 What types of projects may be1263.3 What regulations apply to Ma pro- describedin5 253.2(1) may receive (I) The needs to be addreued by funded? and imple-project, including the extent and se- gram? grants to develop. improve, verity of these needs as indicated by Subpart CIllewvedi The following regulations apply to ment programs to (1) Encourage Indian studentsto ac-the number and percentageof Indian this program: and chilaren in the area to be servedby Subpart 0--itevo Dees dm gesmfery Make a (a) The regulations in 34 CPR Part quire a higher education; proposed Oreeff (2) Reduce the incidenceof dropoutsthe project who require the 250. elementary and second-services and by such factors asdrop- (b) The regulations in this Part 253. among Indian achievement 263.30 How does the Secretary evaluate an ary school students. outrates,academic application? (Authority: 25 U.S.C. 2621(a), (c)) levels,standardisedtestscores, or 263.31 To what applicads does the Secre- (Authority: 25 U.S.C. 2621(aX2),(c)) other appropriate measures; tary Sive priority? (49 FR 23769, June 7, 1984. Redesignated in and amended at 54 FR 20482, May 11. 19881 (49 FIR, 23769, June 7, 1984. Redesignated (ii) A description of other services 253.32 What selection criteria does the Sec- and amended at 54 FR 20482,May 11, 19891 offered by retary usel the areaincluding those I 253.4 What definitions apply to this pro- the applicantthat aredesigned to AUTHORITY: 26 U.S.C. 2621(a). (c), unless grata? Subpart C.--(iteserved] meet the same needs as those Wbe ad- otherwise noted. The definitions in 34 CPR 250.4 dressed by the project and the number Subvert DHew Does theSecretary of Indian children who receivethew Subvert Aerel apply to this program. other services; (Authority: 26 U.S.C. 2621(a), (c)) Make e Grant? (ill) Evidence that these other serv- 8:63.1Educational Services for Indian evaluateices are insufficient In eitherquantity Children. (49 FR 23769. June 7, 1984. Redesignated 1263.36 How does the Secretary and amended at 64 FR 20482, May 11, 19881 an application? or quality or both, or anexplanation This program, Educational Services of why they are not used bychildren (a) The Secretary evaluates anappli- and tor Indian Children, provides financialSubpart IWhat Kinds of Activities criteria inwho require the proposed services; assistance for. cation on the basis of the (iv) An explanation of whythe ap- (a) Projects designed to improve edu- Does the Secretory Assist Under 253.32. plicant lacks the financial resources to This Progress? (b) The Secretary awards upto 100 cational opportunities for Indian chil- possible total points for thesecriteria.conduct the proJeet. dren by providing educational services1 263.10 What types of projects may be (c) The maximum possible scorefor (b) Plan of operation. (20 points) that are not available in sufficient in (1) The Secretary reviewseach ap- quantity or quality to those children; funded? each complete criterion is indicated plication for Information thatshows and (a) The Secretary may fund applica- parentheses. the quality of the plan ofoperation (b) Enrichment projects that Intro-tions proposing projects that Include, (Authority: 25 U.S.C. 2621 (a), (O. (f)(1),(2)) but are not limited to, those designed for the project. duce innovative and exemplary ap- (49 FR 23769, June 7, 1984. Redesignated (2) In making this determination, proaches, methods, and techniquesto: and amended at 64 FR 20482, May 11,19891 the Secretary looks for into the education of Indian children (1) Improve acquisition of basic aca- (i) A clear statement of the purpose in elementary and secondary schools. demic skills; 'To what applicants does the Sec- (2) Provide special educational serv- 1 263.31 of the project; (Authority: 26 U.B.C. 2621(a). (c)) retary give priority? (II) Objectives that are ices for handicapped and for gifted In addition to the pointsawarded (A) Related to the purposeof the (49 FR 23769. June 7, 1984. Redesignated and talented Indian children; awards and amended at 64 FR 20482, May 11, 19891 (3) Stimulate interest in careers; under 5 253.32, the Secretary project; 25 points to each application from an (B) Sharply defined; (4) Establish after-school education- and 11263.2 WhoI.eligibleforassistance al centers; Indian tribe, Indian organization, or (C) Stated in measurable terms; ender this program/ Indian institution, or from aconsorti- Capableofbeingachieved (5) Stimulate interest in tribal cul- tribe, (D) The following are erigible for asaist-ture and organization; um that includes an Indian within the project period; Prevent school exopouts and Indian organization, or Indian institu- (III) An activity plan, including ati- ance under this program: (6) tion of higher education. meline, that clearly and realistically (a) Stateeducational agenciesreduce absenteeism; each (SEA.). ) Establish or improve preschool (Authority: 25 U.S.C. 2621(fX2)(B)) outlines the activities related to objective; and (b) Localeducational agencieseducation, including kindergarten: 149 FR 23769. June 7. 1984.Redesignated administra- (LW). (8) Provide guidance, counseling, and and amended at 64 FE. 20482. Ilday 11.1969/ (iv) A plan for effective (c) Indian tribes. testing services; or Lion of the project. (d) Indian organizations. (9) Develop or improve instructional I 263.32 What selection criteria doesthe (c) Parental and communityinvolve- (e) Indian institutions. materials. Secretary use? ment. (10 points) (1) The Secreta 1 reviews each ap- (1) Consortia of Indian tribes or (b) The types of projects listed in The Secretary nses thefollowing se, to Indian organizations, local educationalparagraph (a) of this section are exam- lection criteria in evaluating each ap-plication to determine the extent agencies, and institutions of higherples of projects Lie Secretary may which parente and other membersof plIcatio4; 0 179I J I) ; 43 I 0 Part 254 34 CM Ch. II (11-149 Editioa) Off. of Som. end Soc. Educ., Education 254.10
the Indian community are involved in (II) The impact of the project on the sec. (b) The regulations in this Part 254. the project. children involved; Subpart C-41teservedl (Authority: 25 U.S.C. 3831(a). (b)) (2) The Secretary looks for informa- (II) The applicant's plan for collect- tion that shows that parents anding and analyzing data, including: &Aped 0-41ew Dees Me Seaetery Make e 149 PR 23770. June 7, 1884. Redesignated other members of the Indian commu- (A) The appropriateness of the in- Gnat/ and amended at 64 PR SOM, May 11. 1901 nity: struments to collect the data; 254.30 How does the Secretary evaluate an (I) Were involved in planning and de- 1 264.4 What Mishima apply to this pre- (B) The appropriatenessofthe application? gram? veloping the project; and method for analyzing the data; and 214.31 To what applicants does the Secre- (U) Will be involved in operating and tary give priority? The definitions in 34 CPR 250.4 evaluating the project. (C) The timetable for collecting and 214.32 What election criteria does the Sec-apply to this program. (d) QualUy of key personnel. (10analyzing the data; and retary use :or a planning grant? points) ( ill) Procedures for: 214.33 What selection criteria does the Sec-(Authority: 25 U.S.C. 1431(a). (b)) (1) The Secretary reviews each ap- (A)Periodicassessmentofthe retary use for a pilot grant? 149 PR 23770, June 7, 1884. Redesignated progress of the project; and 264.34 What selection criteria does the Sec-and amended at 54 PR 20442 May 11, 19001 plication to determine the quality of retary use for a demonstration grant? the staff that the applicant plans to an If Woman% modification of the use for the project. project asresult of that assessment. AUTHORITY:26U.S.C.2521(a)(1).(b), Subpart 11-Whet Kiwis ef Activities (3) In making this determination, (g) Adequacy of resources. (10 pointa) unless otherwise noted. Does ties Sev.ota.y. Assist Darter the Secretary considers- (1) The Secretary reviews each ap- This Program? (I) The qualifications of the projectplication to determine the extent to Subpart A-Genorel director; which the resources to be devoted to Planning. Pilot, aad Ikooastra-1264.10 What typos el projects may he (II) The qualifications of each of thethe project are adequate. 1 264.1 funded? other key personnel to be used in the tioa Projects for Indian Children. (2) In making this determination the This program, Planning, Pilot, and (aX 1) The Secretary may fund anidi- project; Secretary looks for information that cations proPoldnE Proiecte detained W (III) The time that each person re- shows: 'IemonstrationProjects forIndian ildren, provides financial assistanceplan, test, or demonstrate the effec- ferred to in paragraphs (dX2) (I) and (I) The facilities that the applicant tiveness of Programs for Improving (U) of this section will commit to theplans to use are adequate; and tur planning, pilot, and demonstrationeducational opportunities to; Indian project; and projects designed to create, test, and (II) The equipment and supplies that demonstrate the effectiveness of pro-children. (iv) The extent to which the appli-the applicant plans to use are ade- (2) An applicant may apply separate- cant will give preference to Indians inquate. grams for improving educational op- the hiring of project staff. portunities for Indian children. ly for one or more planning grant, (Approved by the Office of Management pilot grant, or demonstration grant. (3) To determine personnel qualifi-end Budget under control number 1810- (Authority: 25 U.S.C. 2821(aX1). (b)) (3) An applicant may not spray for cations. the Secretary considers expe- (1021) (49 FR 23770, June I. 1884. Redesignatedmore than one type of grantfor each rience and training in fields related to and amended at 54 PR 24482, May 11, 19891 proposed project. the objectives of the project, as well as (Authority: 25 U.S.C. 2821 (c). (()(1), (2)) (b) Proposed planning, pilot, or dem- other Information that the applicant (49 PR 23789, June 7, 1984, as amended at 1 264.2 Whoiseliglbkforassistance provides. onstration projects may indude, but 53 PR 49144, Dee. 13, 1988. Redesignated and under this pmgraal? are not limited to: (e) Budget and cost effectiveness. (10 amended at 54 FR 20482. May 11, 10891 The following are eligible for assist- points) (1) Activities designed to develop, ance under this program: test, replicate, or adapt: (1) The Seeretary reviews each ap- (a) Stateeducational agencies (I) Curricular materials to improve plication for Information that showsPART 254--PLANNING, PILOT, AND (8EAs). the academic achievement of Indian that theproject has an adequate DEMONSTRATION PROJECTS FOR Local educational agencies budget and is cost effcctivn. (b ) children; INDIAN 041LOREN (LEM). (II) Successful educational practices (2) The Secreiary looks for :nforma- (c) Indian tribes. tion that shows: to improve the academic achievement Subpart A-41eaerei (d) Indian organizations. of Indian children; (I) The budget for the project la ade- (e) Indian institutions. (ill) Programs related to the educe- quate to support the project activities; Sec. (f ) Federally supported elementary and ttonal needs of educationally deprived 254.1Planning. Pilot. and Demonstration and secondary schools for Indian chil-Indian children; or (II) Costs are reasonable in relation Projects for Indian Children. dren. to the objectives of the project. 254.2 Who is eligible for assistance under (iv) Techniques to lower the school ( f ) Evaluation plan. (20 points) this program? (Authority: 25 U.S.C. 2821(b)) dropout rate or reduce absenteeism (1) The Secretary reviews each ap-254.3 What regulstions apply to this pro- 149 PR 23770, June 7, 1884. Redesignated among Indian children; plication to determine the quality of g ram? and amended at 54 PR 20482, May 11, 19891 (2) Development, testing and valida- the plan for evaluating the project. 254.4 What definitions apply to this Pro- tion, or demonstration of materials ap- (2) In making this determination, g ram? 1 264.3 What regulations apply to this pro- propriate for measuring the academic the Secretary considers: grave? achievement of Indian children; or (I) How well the evaluationwill Subpart 15-Whet Med. el Activities Dees the The following regulations apply to (3) Coordination of the operation of measure: Secretary Assist Under This Pregame? this program: other federally assisted programs that (A) The project's effectiveness in254.10 What types of projects may be (a) The regulations in 34 CFR Partmay be used to assist in meeting the meeting each objective; and funded? 250. educational needs of Indian children.
180 I )1
k Off. of Elook and Soc.Educ., Educeolca *234.33 II 254.30 34 CM Ch. II (11-1-13 Edifies) (1) The Secretari reviews each an- (2) May give absolute preferenCe ta (iv) A Plan for effectiveadministra- (c) The types of projects listed In tion of the project. plication to determine the quality of paragraph (b) of this section are ex-each application that addresses these involve-the plan for evaluating the planning amples of projects the Secretary maypriorities. (c) Parental and community ment (10 points) project. fund under this program. An applicant (Authority: 25 U.B.C. 2621(11(2XB)) (1) The Secretary reviewseach ap- (2) In making this determination. maY Pre Pow to carry out one or more plication to determine theextent tothe Secretary considers: of these activities or any other activity (49 PR 23170, June 7, 1884. Redesignated at to be (I) How well the evaluationwill that meets the purposes of this pro-54 PR 20482, Ma; 11, 1989, and amended at which parents of the children in 54 PR 30483, May 11, 1969) served and other membersof themessure the project's effectiveness Indian community areinvolved in themeeting each objective; (d) Priorities. (1) Each year the Sec- 264.32 What selection criteria does the planning project. (II) The applicant's plan for collect- retary may select for priority for plan- for informa-ing and analyzing data. Includinr Secretary use for a planning grant? (2) The Secretary looks the in- ning. pilot, or demonstration grants The Secretary tutes the following se- tion that shows thatparents and (A) The appropriateness of one or more of the types of projects Indian commu-struments to collect the data; listed in paragraph (b) of this section.lection criteria in evaluating each ap- other members of the the plication for a planning grant: nity: (B) The appropriatenem for (2) The Secretary publishes the se- (a) Need. (20 points) (I) Were involved inPlanning and de-method of analyzing the data; and lected priorities, if any, in a notice in (1) The Secretary reviews each ap- veloping the pmject; and (C) The timetable for collecting and the FIDIRAL Racism. plication to determine the need for (II) Will be involved inoperating andanalyzing the data; and (Authority: 26 U.S.C. 2821(a)(l). (b)) and the soundneu of the rationale for evaluating the project. (iii) Procedures for the planning project. (d) Quality of keypersonneL (10 (A)Perioimceseessmentofthe 149 PR 23710, June 7, 1884. Redesignated progress of the project; and and amended at 64 FR 20482, May 11, 19891 (2) In making this determination, points) the the Secretary looks for (1) The Secretary reviewseach ap- (B) If necessarj, modification of plication for information that showsProject as a result of thatassessment. (I) An identification and description points) Sediport CIlLoserved] of the specific problem to be addremed the qualifications of the keypersonnel (g) Adequacy of resources. (10 and evidence that the problem is of the applicant plans to usefor the (1) The Secretary reviews each ap- Moon 1)-4fow Does the Secretary significant magnitude among Indian planning project. plication for information that shows Mk* GM*? children; (2) The Secretary looksfor informa-that the applicant plans to devote ade- (II) A clear statement of the educa- tion that shows: (materesourcestotheplanning I 264.38 How does the Secretary evaluatetional approach to be developed; (I) The qualifications of theprojectProject. so &mikados? (III) A description of the literature director, (2) The Secretary looks for informa- (a) The Secretary evaluates an appli-review, site visits, or other appropriate (II) The qualifications of eachof thetion that shows: cation on the basis of the applicableactivity that shows that the applicant other key personnel to be usedin the (I) The facilities that the applicant criteriainI 264.32, I 254.33,orhas made a serious attempt to learn project; plans to use are adequate; and f 254.34, depending on the type offrom other projects that address simi- (III) The time that each person re- (it) The equipment and suppliesthat grant for which the applicant has ap-lar needs or have tried similar ap- ferred to in paragraphs (dX2) (I) andthe applicant plans to use are ade- plied. proaches; and (II) of this section will commit to the (b) The Secretary awards up to 100 (Iv) Evidence that the project is project; and (AoProved by the Office ofManagement (Iv) The extent to which the &PO-and Budget under control number1810- possible total points for the criteria es-likely to serve as a model for commu- Indians in tablithed for each type of grant. nities with similar educational needs. cant will give preference to 0021) (b) Plan et/operation. (20 points) the hiring of project staff. (Authority: 26 U.B.C. 2821(b), (1)(1), (2)) (c) The maxinunn possible score for (3) To determine personnelqualifi- each complete criterion is indiceted in (1) The Secretary reviews each ap- 149 PR 23710, June 7. 1964, asamended at parentheses. plication for information that shows cations. the Secretary considers ewe- Redesignated at rience and training in fields related to 53 PR 49144, Dee. S. 11188. at the quality of the plan of operation the objectives of the project, as well as 54 PR 20482. May 11, 1989, and amended (Authority: 26 U.s.c. 2821(b)) for the planning project. 54 FR 20483, May 11, 19118) 146 1PR 23770, June 7, 1684. Redesignated (2) In making this determination. other information tha i. the applicant end amended at 64 PR 20482, May 11, 19691 the Secretary looks for information provides. 264.33 What selection criteria doesthe that shows: (e) Budget and cost effectiveness. (10 Secretary me fee a pilot grant? 1 184.31 T. what eppikants dues the Sec. (I) A clear statement of the purpoee points) The Secretary uses the following se- Mary give priority? (1) The Secretary reviews each ap- of the project; plication for information that showslection criteria in evaluating each ap- In addition to the points awarded (H) Objectivea that are: that the planning project has an ade-plication for a pilot grant: under I 264.32,264.33, or I 264.34, (A) Related to the purpose of the quate budget and in coat effective. (a) Need. (20 points) the Secretary: project; informa- (1) The Secretary reviews each ap- (B) Sharply defined; (2) The Secretary looks for (a) Awards 25 points to each aPPllca- tion that shows: plication tl determine the need for tion from an IT dian tribe. Indian orga- (C) Stated in measurable terms; and (I) The budget for the project isade-and the soundness of the rationalefor nisation, or Indian institution; and (D)Capableofbeingachieved activities;the pilot project; within the project period. quate to support the project (bX1) May award up to 10 points to and (2) In making this determination. an application for the extent to which (III) An activity plan, Includipg ti- (ID Costa are reasonable in relationthe Secretary looks for. the applicant addresses the priorities,meline, that clearly and realistiully to the objectoves of the project. (i) An identification and description limy, selected by the Secretary underoutlines the activities related to each (f) Evaluation plan. (20 points) of the specific problem to be addremed 264.10(d); or objective; and 1 8.1)
) f 2E4.33 34 CM Ch. M (11-149 Edifies) Off. of Elem. and Sac. Educ., Education *254.34 and evidence that the problem is of (1) The Secretary reviews each ap- (B) The appropriatenessofthe (B) The applicant has made a seri- significant magnitude among Indianplication for information that shows method for analyzing the data; and ous attempt to learn from research children; the qualifications of the key per ',mei (C) The timetable for collecting andand from other projecte that address (in A clear statement of the educa-the applicant Melee to use for th. pilot analyzing the data: and similar needs or have tried similar ap- tional approach to be tested in theproject. (ill) Procedures for: proaches. project; (2) The Secretary looka for informa- (A)Periodicassessmentofthe (b) Plan of operation. (15 points) (ill) Evidence 'hat tion that shows: progress of the project; and (1) The Secretary reviews each ap- (A) The pla e.n which the pilot (I) The qualifications of the project (B) If necessary, modification of theplication for information that shows project is based Included an adequatedirector: project as a result of that assessment. the quality of the plan of operation literature review, site visits, or other (it) The qualifications of each of the (g) Adequacy of resources. (10 points) for the demonstration project. IIDPropriate activity: and other key personnel to be used in the (1) The Secretary reviews each ap- (2) In making this determination, (B) The applicant has made a seri-project; plication for information that showsthe Secretary looks for information ous attempt to learn from researeh (ill) The time that each person re- that the applicant plans to devote ade- that shows: and from other projects that addrers ferred to in paragraphs (dX2) (I) end quate resources to the pilot project. (I) A clear statement of the purpose similar needs or that have tried simi-(ID of this section will commit to the (2) The Secretary looks for informa-of the project; lar approeches; sad proJeeti tion that shows: (ID Objectives that are: (iv) Evidence that the projectis (iv) The extent to which the &Rill- (I) The facilities that the applicant (A) Related to the purpose of the likely to serve as a model for commu-cant will give preference to Indians in plans to use are adequate; and nlUes with similar educational needs. (ID The equipment and supplies that project; the hiring of project staff; and (B) Sharply defined; (b) Plan 4/operation. (20 points) (v) The procedures the applicant in- the applicant plans to use are ade- (1) The Secretary reviews each ap- quate. (C) Stated in measurable terms; and tends to use to train staff for imple- (1))Capableofbeingachieved plication for information that showsmenting the project. (Approved by the Office of Management the quality of the plan of operation and Budget under control number 1810- within the project period; for the pilot project. (3) To determine personnel qualifi- (ill) An activity plan, including a ti- cations. the Secretary considers expe- °021) meline, that clearly and realistically (2) The Secretary looka for informa- (Authority: 26 U.S.C. 2821( b), (f)(1), (2)) tion that shows: rience and training in fields related to outlines the activities related to each (I) A clear statement of the purpose the objectives of the project, as well as (49 FR 23770, June 7. 1984. as amended at objective; and other information that the applicant 53 FR 49144, Dec. 8, 1988. Redesignated at (iv) A plan for effective administra- of the project; 54 FR 20482, May 11, 1989, and amended at (il) Objectives that are: provides. tion of the project. (e) Budget and cost effectiveness. (10 54 FR 20483, May tl, 1989) (c) Parental and community involve- (A) Related to the purpose of the points) project; 3254.34What sekelea veiled& does thement. (10 points) (B) Sharply defined; (1) The Secretary reviews each ap- Secretaryusefar a demonstration (1) The Secretary reviews each ap- (C) Stated in measurable terms; and plication for information that shows pant? plication to determine the extent to (D)Capableofbeingachieved that the pilot project has an adequate which the parenta of the Indian chil- budget and is cost effective. The Secretary uses the following se- within the project period. lection criteria in evaluating each ap-dren to be served and other members (ill) An activity plan, Including a ti- (2) The Secretary looka for informa- of the Indian community are involved tion that shows: plication for a demonstration grant: in the demonstration project. meline, that clearly and realistically (a) Need. (15 points) outlines the activities related to each (I) The budget for the project la ade- (1) The Secretary reviews each ap- (2) The Secretary looks for informa- objective; and quate to support the project activities; tionthat shows that parents and and plication to determine the need for (iv) A plan for effective administra- and the soundness of the rationale for other members of the Indian commu- tion of the project. (11) Costs are reasonable in relation the demorstration project. nity: (c) Parentel and community involve-to the objectives of the project. (2) In making this determination, (I) Were involved in planning and de- ment. (10 points) (f) Evaluation plan. (20 polnts) the Secretary looks for: veloping the project; and (1) The Secretary reviews each ap- (1) The Secretary reviews each ap- (I) An identification and description (Il) Will be Involved in operating and plication to determine the extent toplication to determine the quality of of the specific problem to be addreased evaluating the project. which the parents of the children tothe plantorevaluatingthepilot and evidence that the problem la of (d) Quality of key personneL (10 be served and other members of theproject. sufficient magnitude among Indian pointe) Indian community are involved in the (2) In making this determination the ch ildren; (1) The Secretary reviews each ap- pilot project. Secretary considers: (in A clear statement of the educa-plieetion for information that shows (2) The Secretary looks for informa- (I) How well the evaluation will tional approach to be demonstratedthe qualifications of the key personnel tion that shows that parents andmeasure: and evidence that the project is likely tobe usedinthe demonstration other members of the Indian commu- (A) The project's effectiveness in to serve as a model for communitiesproject. nity: meeting each objective; and with similar educational needs; and (2) The Secretary looks for informa- (I) Were involved in planning and de- (B) The impact of the project on the (ill) Evidence that: tion that shows: veloping the project; and children involved; (A) The plan and pilot project on (I) The qualifications of the project (il) WW be involved in operating and Ill The applicant's plan for collect- which the demonstration projectis director; evaluating project. ing end analyzing data, Including: based included an adequate literature (ii) The qualifications of each of the (d) Quante of key personneL (10 (A) The appropriateness of the in- review, site visits, or other appropriateother key personnel to be used in the points) struments to collect the data; activity; and project; 182 OIL of Saw and Sac. Edam, Education 25541 Part 255 34 CM Ch. II (11-149 Edition) dissemination of teacher training ma- (iii) The time that each person re-planfordisseminating information Sec. about the demonstration project, In. 255.2 Who I. eligible for an &wird? terials regarding one or more of the ferred to in paragraphs (d)(2) (I) andeluding the results of the project and 254.3 What regUations emir? following: (II) of this section will commit tothe 256.4 What definitions aPPly? (a) Gifted and talented students. development of the project; any specialized materials developed by 266.10 What, activities may the Secretary the project. fund? (b) College preparatory studies (In- (Iv) The extent t9 which the &poli . cluding programs for Indian students cant will give preference to Indians in (2) In making this determination, 268.11 Must the applicant or grantee co- the hiring of project staff; and the Secretary looks for: ordinate activities with other entities? interested in teaching careers). Information that shows high (c) Students with special culturally (v) The procedures the applicant in- (I) Wiped 11-11eserved1 including tends to use to train staff, If necessary,quality in the design of the dissemina. relatedacademicneeds, for implementing the project. tion plan and procedures for evaluat- Subpart C-14ew dem the iscretery Mahe en social, lingual, and cultural needs. (3) To determine personnel qualifi-ing the effectivenes of the dissemble. Award? (d) Mathematics and science educa- cations, the Secretary considers entre-lion plan; tion. to (ID A description of the types of ma . 285.30 How does the Secretary evaluate an Hence and training in fields related appikation? (Authority: 25 U.B.C. 3434(c)) the objectives of the project, an welt asteriala the applicant plans to make 255.31 What selection criteria does the Sec- other information that the applicantavailable and the methods for making retary use? II:6.11Must the applicant or grantee co- provides. the materials available; 255.32 What other factors does the Seem ordiaste activities with other unties? (e) Budget and cost citectiveneu. (10 (ill)Provisionstor demonstrating tary consider in selecting grantees? the methods and techniques used by (a) The supervisor of Bureau points) Auruoury: 25 U.S.C. 3824(c), unless Mb-school shall undertake 10111lly lig (1) The Secretary reviews each ap .the project; OflitlIC noted. plicatirm for, or administration of, a plication for information thatshows (Iv) Provisions for assisting interest- grant under this part with the supervi- that the demonstration project has aned schools in adapting or adopting and Sous= 54 PR 20483, May 11. 1535, unless sucoessfully Implementing the project; otherwise noted. sor of the local school board. adequate budget and Is cost effective. (b) Each grantee will work cooPera- (2) The Secretary looks for informa-and tively with other recipients of funds tion that shows: (v) Provisions for publicizing the Subpart AOatmeal (I) The budget for the project is ade . findings of the project at the local, under section 5324 of the Indian Edu- 1 166.1What is the Gifted aad Talentedcation Act as part of a national Ant- quate to support the projectactivities;State, or national level. Program? ofresources.(10 work. and (h)Adequacy This program provides five grants to (la Costa are reasonable in relationpoints) Bureau-funded schools for gifted and (Authority: 25 U.S.C. 2024(c), (d)) to the objectives el the project. (1) The Secretary reviews each ap- talented program research, develop- ( f) Evaluation plan. (15 points) plication tor information that shows Subpart 11Iltesstved] (1) The Secretary reviews each ap-that the applicant plans to devote ade- ment and dimemination. plication to determine the quality ofquate resources to the demonstration (Authority: 25 U.S.C. 2424(c)) the plan for evaluating the demonstra-project. Subpart CItow Don the keretery tion project. (2) The Secretary looks for informa- I 165.1 Who is eligible for an award? alike en Award? (2) In making this determination,tion that shows: Bureau-funded schools are eligible the Secretary considers: (I) The facilities that the applicant for grants under this program. 256.30 Mow does the Secretary evaluate will an applkation? (I) How well the evaluation plans to use are adequate; and (Authority: 25 U.S.C. 2824(c), Mil) measure: (ID The equipment and supplies that (a) The Secretary evaluates an appli- (A) The project's effectiveness Inthe applicant plans to use areade- 1265.3 What reguletions apply? cation on the basis of the applicable meeting each objective; and quate. criteria in 1 255.31. (13) The impact of the project on the The following regulations apply to (Approved by the Office of Management this program: (b) The Secretary awards up to 100 children involved; and Budget under control number1816- possible total points for these criteria. (II) The applicant's plan . ur collect- (a) The regulations in 34 CFR Part °021) 250. (c) The maximum possible score for ing and analyzing data, including: (Authority: 25 U.S.C. 2621(b), (f)(1), (2)) (b) The regulations in this Part 255.each complete criterion ls indicated in (A) The appropriateness of the in- parentheses. struments to collett the data; 149 FR 23770, June 7, 1984. u amendedat (Authority: 26 (..1 S.C. 2624(c)) (B) The appropriateneuofthe 53 FR 49144, Dec. 8, 1936. Redesignated at (Authority: 25 U.S.C. 2624(c)) method for analyzing the data; and 165.4 What definitions apply! 64 FR 20482. May 11, 1989, and amended at 0 266.31 What selection criteria does the (C) The timetable tor collecting and 54 FR 20433, May 11, 19891 The definitions in 34 CFR 250.4 analyzing the data; and apply to this program. Secretary use? (lil) Procedures for: (Authority: 25 U.S.C. 2624(c)) The Secretary uses the following se- (A)Periodicassessmentofthe PART 255GIFTED AND TALENTED lection criteria in evaluating each ap- progress of the project; and PROGRAM I 166.10 What activities may the Secretary plication: (13) If necesaary, modification of the fund? (a) Need. (20 points). The Secretary project u a result of that assessment. Wiped AGemmel The Secretary may fund program re-assessea the need for the proposed (g) Dissemination. (15 points) search and development, the develop-project, Including (1) The Secretary reviews each ap- Sec. ment and dissemination of curriculum (1) The soundness of the rationale plication tor evidence that the appli- 265.1 What la the Gifted and Telented Pro. for the project and the extent and se- cant haa an effective and efficient gram? materials, and the development and 41 183 ," 0 UST UR MEM 11256.2 11255.31 34 CPR Ch. N (11-149 NNW) Off. of Elm. and Soc. Edw., Education (1) The facilities that the applicant Sec. verity among Indian children of the (e)Budgetandcost effectiveness.(5 256.32 What selection criteria does the educational needs to be addressed; points). The Secretary reviews the plans to use are adequate; and Secretary use? (2) The extent to which the educa-budget to ensure that (2) The equipment and supplies that256.33 What other factors does the &ere. tional approach to be developed is (1) The budget is adequate to sup- the applicant plans to use are ade- Lary consider in selecting grantees under likely to be succeasful in meeting theport the project activities; and quate. the section 5321(d) program? needs: (2) The costs are reasonable in rela (Authority: 25 U S.C. 2624(c). (d)) (3) The extent to which the appli- Subpart Centlitiees Meet I. Met by tion to the objectives of the project. Enemies Dans Non: At 54 FR 20483, fiesatee cant iaknowledgeable about other (f) Evaluation plan. (15 points) The Nay 11, 1989, I 255.31 was added, effective projects that address similar needs orSecretary reviews the evaluation plan after information collection requirements256.40 What coats are allowable for sti- have tried similar approaches; and to ensure that have been approved by the Office of Man- pends and dependency allowances? (4) The likelihood that the project (1) The evaluation will measure the agement and Budget under the Paperwork256.41 What other conditions must a will serve as a model for communitiesproject's effectiveness in meeting each Reduction Act of 1980. A document an- grantee meet? with similar educational needs. objective; nouncing the effective date will be Pub- (b) Plan of operation. (20 points). lished in the Federal Register at a later keyed IfWbet An she Adreleisketive (2) The evaluation will measure the Oesettiel The Secretary reviews the plan of op-impact of the project on the children date. ResimossIbliMee of eration to ensure that involved, if applicable; 1255.32 What other factors does the Sec-256.50 What preference must a grantee (1) The purpose of the project is (3) The instruments for collecting retary consider la selecting grantees? give in selecting participants? consistent with the needs identifieddata and the methods for analyzing Aunioanv: 25 U.S.C. 2621(d), 3622, unless and the purpose of the funding pro-the data are appropriate; In addition to using the selection cri-otherwise noted. gram; teria in 5 255.31, the Secretary selects (4) There is an appropriate timeta- projects that achieve a mixture of (2) The design of the project is ofble for collecting, analyzing, and re- SOIIRCIC49 PR 23774, June 7, 1984, unless high quality; projects described in I 255.10 to ensure otherwise noted. (3) The objectives of the project porting data; that students at all grade levels and (5) Procedures have been established ( I) Relate to the purpose of the students in all geographic areas of the Subpart AGeneral project; for modification of the project, if nee. country are able to participate in some essary, as a result of periodic progress projecta funded under this program. (ii) Will provide clear and measura-assessments; and 1254.1EducationalPersonnelDevelop- ble indices of the project in progress in ment. achieving its purpose; and (6)Adequate provision has been (Authority: 25 U.S.C. 2624(c), (d)) (HD Are capable of being achievedmade to cooperate with recipients of (a) Educational Personnel Develop- within the project period; funds under section 5324 of the Indian ment includes two programs support- (4) The activities are appropriateEducationActinevaluatingthe PART 256EDUCAT1ONAL ing projects designed to: and should result in the accomplish-project. PERSONNEL DEVELOPMENT (1) Prepare persons to aerve Indian ment of the project objectives; and (g) Dissemination. (10 points). The students as teachers, administrators, (5) The plan of management is effec-Secretary reviews the plan for dissemi- febped AOeorrai teacher aides, social workers, and an- tive and ensures proper and efficientnating information about the project, cillary educational personnel; and administration of Lhe project. including the results of the project Sec. (2) Improve the qualifications of per- and any materials developed by the 266.1Educational Personnel Development. sons serving Indian students in these (c) Parental and community involve- 256.2 Who Ls eligible for assistance undercapacities. ment. (10 points). The Secretary deter-project to ensure that these Programs? mines whether parents of the skthiren (1) The disseminelIon p.. Is effec- 256.3 What regulations apply to these pro- (b) The two programs included in to be served and other membe01 thetive and and efficient; grams? Educational Personnel Development Indian community will be involved in (2) The materials disseminated are 256.4 What definitions apply to these pro-are: the project, including the extent ofappropriate in term of quality and grams? (1) The program authorized by sec- their involvement in utility; tion 5321(d) of the Indian Education (1) Planning and developing the (3) The method and techniques used Subpart BWhot Kinds el Activities Dees the Act and referred to in this part as the project; and by the project will be demonstrated; Secretary Assist tinder These Free/ems? section 5321(d) Program; and (2) Operating and evaluating the (4) Schools interested in adapting or (2) The program authorized by bee- 258.10 What types ofprojects may betion 5322 of the Indian Education Act project. adopting the project's materials or funded? (d) Quality of key personnel. (15methods will be assisted; and and referred to in this part as the sec- points). The Secretary reviews the key (5) The findings of the project will fiebeert CNew Dees One Apply fel e Onset? tion 5322 Program. personnel the applicant plans to usebe published at the local, State, or na- (Authority: 25 U.S.C. 3621(d), 2622) on the project to ensure that tional level, and provision has been 256.20 What provisionsforparticipation must an applicant make? 149 FR 23774, June 7, 1984,IIA3amended at ( 1 ) The project director has the ex-made to coordinate dissemination ac- 54 FR 20484, May 11, 1989) perience and training needed for thetivities with recipients of funds under Subpart 1)--14ew Dees the Secretary Melte position; section 5324 of the Indian Education Brent? 256.2 WhoI.eligibleforassistance (2) Other key personnel have the ex- Act. under these programs? perience and training needed for tack (h)Adequacyof resources (5 points). 256,30 How doe. the Secretary evaluate an (a) The following are eligible for as- poeitions in the project; and The Secretary reviews the resources to application? (3) Sufficient time will be commitbidbe devoted to the project to ensure 266,31 To what applicanta does the Secre-sistance under the Section 5321(d) to the project by key personnel. that-- tary give priority? Program: 184 30o t YoJ 256.3 34 CR Ch. 11 (11-149 Edith.) Off. of Mem and Sec Edw., Education § 254.32 (1) Institutions of higher education.psychologists, school administrators, 148 PR 23774, June 7, 1984, aeamended at (II) Objectives that are: (2) Localeducational agenciesteacher aides, social workers, adtdt 54 PR 20454, May 11, 19893 (A) Related to the purpose of the project; (LEAs) in combination with institu-education specialists or instructors, or does the Sec- tions of higher education. college administrators. 1264.3) To what applkanta (B) Sharply defined; (3)Stateeducational agencies retary give priority? (C) Stated in measurable terms; and (SEAs) in combination with institu- (Authority: 25 U.S.C. 2821(d), 2822) In addition to the pointsawarded (D)Capableofbeingachieved tions of higher education, under 1 25632, the Secretary awards: within the project period. (b) The following are eligible for as-Subpart CIlow Does One Apply fee (a) Ten points to each application (iii) An activity plan, including a ti- sistance under the Section 5322 Pro- Grant? proposing a project in which all par-meline, that clearly and realistically gram; ticipants will be enrolled in outlines the activities related to each (1) Institutions of higher education. 1 266.26 What provisions for partieipatisa (1) A course of studyresulting In objective; (2) Indian tribes. mtut an applicant make/ degreeat the bachelor'slevelor (Iv) Techniques designed specifically (3) Indian organizatiores higher; or to enable project participants to meet Prior to the submission of an spoil. (2) Courses beyond thebachelor'sthe heeds of Indian students; and (Authority: 26 U.S.C. 2621(d), 2822) cant under this Part, each applicant degree. (v) A plan for effective administra- 149 FR 23774, June 7, 1984, as amended atshall (b) Ten points to each applicationtion of the project. 64 FR 20464, May 11, 19691 (a) To the extent consistent with the under the Section 5321(d) Program (c) Benefit to Indian studenta (10 number of eligible children in the area from an Indian institution of higherpoints) 264.3 What regulations apply to theseto be served who are enrolled in Pri- education; (1) The Secretary reviews each ap- programs? vate nonprofit elementary and second- (c) Ten points to eachapplicationplication to determine the likelihood The following regulations apply toary schools and whose needs are of the under the Section 5321(d) Programthat, after receiving training under these programs: type that the program is intended to proposing a project in which 100 per-the project, the participants will serve (a) The regulations in 34 CPR Partmeet, make provision for the partici- cent of participants will be Indian. Indian studelts as educational person- 250. pation on an equitable basis of persons (d) Fifteen points to each applica-nel or ancillary educational personnel, (b) The regulations in this Part 258.serving or preparing to serve these tion under the Section 5322Programas described in I 2111.10(b). (Authority: 26 U.S.C. 2821(d), 2822) children as educational personnel or from an Indian institution of higher (2) In making this determination, ancillary educational personnel; and education, Indian tribe, or Indian or-the Secretary considers: 1 266.4 What definitions apply to these (b) Have provided tor adequate par- ganization. (I) Policies or Practices of the appli- programs? ticipation by relevant tribal communi- cant, such as those governing selection ties, including parents of Indian chil- (Authority: 26 U.S.C. 3821 (d) and ((RUB),of participants, that increase the like- The definitions in 34 CPR 250.4dren, in planning and developing this 3822) lihood that participantswill serve apply to these progranu. project and have made provision for 149 FR 23174, June 'I, 1984, aa amended at Indian students on completion of the (Authority: 26 U.S.C. 2621(d), 2832) their participation le operating and 54 FR 20484, May 11, 19893 training; and evaluating the project. 1154.32 What selection criteria does the (II) Evidence that, on completionof Subpart IIWhoi Kinds of Activities(Authority: 26 U.S.C. 2821 (d), (t)(1), (2), Secretary met the training, participants will be able Dees the Secretory Assist Under 2822) The Secretary uses the following se-to obtain positions that involve the These Progress? education of Indian students. (54 FR 20484, May 11, 19891 lection criteria in evaluating each ap- plication: (d) Quality of key personnel. (15 1 254.11 What types of projects may be (a) Need. (20 points) points) funded? Subpart DHow Does the Secretory (1) The Secretary reviews each ap- (1) The Secretary reviews each ap- (a) The Secretary may fund applica- MakeGrant? plication to determine the need forplication to determine thequality of tions proposing projects designed to: the type of personnel to be Lathed. the staff that the applicant plans to 1251.30 How does the Secretary evaluate use for the project. (1) Prepare persons to serve Indian (2) In making this determination the determination, students as educational personnel or an application? Secretary considers (2) In making this ancillary educational personnel, ma de- (a) The Secretary reviews and ap- (I) The conclusions of and support-the Secretary considers: scribed in paragraph (b) of this sec- ing evidence from a current needs as- (I) The qualifications of the project proves applications under the section director, tion; 5321(d) Program separately from ap- sessment or other appropriate docu- (II) The oualifications of each of the (2) ImIrove the qualifications of per-plications under the section 6922 Pro- mentation; and other key personnel to be used inthe sons serving Indian students in thesegram. (ii) The recency fo the assessment or ty. ()Jett; tyPes of positions; or (b) The Secretary evaluates each ap- other documentation. (ill) The time that each person re- (3) Provide In-service training to per-plication under either program on the (b) Plan of operation. (25 points) sons serving Indian students in these (1) The Secretary reviews each ap-ferred to En paragraphs (d)(2) (I) and basis fo the criteria in 1 256.32. (II) of this section will commit to the types of positions. (c) The Secretary awards up to 100 peeation for information that shows (b) Projects assisted under these pro- quality of the plan of operationProject; and grams may prepare participants torpossible total points for these criteria. (iv) The extent to which the appli- (d) The maximum possible score for ,or the project. cant wilt give preference to Indiansin poaltions such as teachers, special edu-each complete criterion is indicated in (2) In making this determination, cators of handicapped or gifted and the Secretary looks for: the hiring of project staff. talented students, bilingual-biculturalParentheses. (I) A clear statement of the purpose (3) To determine personnelqualifi- specialists, guidance counselors, school (Authority: 26 U.S.C. 3821(d), 2832) of the Project; cationa, the Secretary considers expe- 'j1 13 5 30 *25443 $4 CFR Ch. N (11-149 Edition) Off. of Elem. and See. Educ., Education § 257.10 rience and training in fields related toI 256.33 What other factors does the Sec- IR FR 20485, May II, 19891 1 257.2 Whoiseligibleforassistance the objectives of the project, u well as retary consider in seketing mates. under this program? other information that the applicant nader the section 632l(d) program? Subpart F--What Ars the Administra- The following are eligible for &Bakst- provides. In addition to using the selection cri- tive Responsibilities of a Grant-ance under this program: (e) Budget and cost effectiveness. (10teria in 1 256.32, the Secretary could- ee? (a) Indian tribes. points) era the prior performance of a grantee (b) Indian organizations. (1) The Secretary reviews es'1ap- under the section 5321(d) program in 1256.50 What preference must grantee (c) Indian institutions. plication to determine the extent toselectinggranteesfor new awards give in selecting participants? which the project has an adequateunder the section 5321(d) program. In selecting project participants, a(Authority: 25 U.S.C. 2831(b)) budget and is cost effective. (Authority: 26 U.S.C. 2621(d)(4)) grantee shall give preference to Indi-i 267.3 What regulations apply to this pro- (2) The Secretary looks for informa- ans. gram? tion that shows: tgs FR 20484, May 11, 16891 (I) The budget for the project is ade- (Authmity: 25 U.S.C. 2821(d), 2822) The following regulations apply to quate to support the project activities; SubpaN 1What Conditions Must I. this program: and Met byGrantee? (a) The regulations in 34 CFR Part (II) Costs are reasonable in relation PART 257EDUCATIONAL SERVICES 250. I 265.40 What costs are allowable for sti- FOR INDIAN ADULTS (b) The regulations in this Part 257. to the objectives of the project. pends and depeadeacy allowaaces? (f) Evaluation plan. (10 points) Subpart ACietterel (Authority: 26 U.S.C. 2631) (1) The Secretary reviews each ap- (a) A grantee may, from project plication to determine the quality offunds, pay to narticipants stipends and Sec. 257.4What definitions apply to this pro- the plan for evaluating the project. allowances for dependents. 267.1EducationalServicesforIndian gram? (2) In making this determination, (b) Each year, the Secretary an- Adults. The definitions in34 CFR 250.4 nounces in a notice in thePEDIMAL 267.2 Who is eligible for assistance under the Secretary considers: Ratans* theestimated maximum this program? apply to this program. (I) How well the evaluationwill amount of a stipend and the '..utinutted 257.3 What regulations apply to this pro- (Authority: 26 U.S.C. 2631) measure: maximum amount of an allowance for gram? (A) The project's effectiveness in 267.4 What definitions apply to this pro- dependents. gram? Subpart IIWhat Kinds of Activities meeting er,, a objective; and (cX1) In determining a participant's Does the Secretary Assist Under (B) The impact of the project on theneed for assistance and the amount of bobsled 11What Kinds of Adivines Dees the This Program? participants; and theassistance,thegranteeshall Secretary Assisi Under This Propose? (ii) Procedures for: deduct financialassistanceother 257.10What types of projects may be (A)Periodicassessmentofthethan loansreceived or expected to be 257.10 What types of projects may be funded? progress of the project; and received by the participant for his or funded? (B) If necessary, modification of theher living expenses and for the sup- (a) The Secretary makes grants project as a result of that asaessment.port of his or her dependents. Subred 0-11teservadl under this program for services and in- (2) The total financial assistance struction below the college level. (g) Adequacy of resources. (10 points)provided to a participant from all Subpart 0Itew Does the Secretary Make a (b) The Secretary may fund applica- (1) The Secretary reviews each ap- Glens? tions proposing projects designed to: plication for information that showssources other than loans may not exceed the participant's need for that 257.30 How does the Secretary evaluate an (1) Enable Indian adults to acquire that the applicant plans to devote ade- basic educational skills, including liter- quate resources to the project. assistance. application? (d)(1) Unless approved by the Secre- 257.31 What selectioncriteria does the acy; (2) In making this determination,tary, the grantee may not pay a sti- Secretary use? (2) Enable Indian adults to continue the Secretary looks for informationpend or dependency allowance to a Atrrnoatrv: 25 U.S.C. 2631, unless other-their education through the secondary that shows: participant who I. not a full-time stu- wise noted. school level; (I) The facilities that the applicant careereducation dent. Soong: 49 FR 23776, June 7, 1984,unless (3) Establish plans to use are adequate; and (2) The Secretary may approve pay- otherwise noted. projects intended to improve empltay- (U) The equipment and supplies thatment of a partial stipend to a teacher ment opportunities; and the applicant plans to use are ade-aide who must take leave without pay (4) Provide educational services or quate. in order to be a part-time student. Subpart AGeneral instruction for. (I) Handicapped or elderly Indian (Approved by the Office of Management (Authority: 25 U.S.C. 2821(d), 2822) 1257.1Educational Services for Indian and Budget under control number 1810- Adults. adults; or 0021 ) 1 254.11What other meadoos mat a This program, Educational Services (11) Incarcerated Indian adults. grantee meet? (c) The types of projects listed in (Authority: 25 U.S.C. 2621 (d), (fX1 ),(2), for Indian Adults, provides financialparagraph (b) of this Section are ex- 21211) Each grantee shall provide adequate assistanceforeducatlinalserviceamples of projects the Secretary may Information to participanta about the projects designed to improve educa . 149 FR 23774, June 1, 1984, as amended at tional opportunities for Indian adults,fund under this program. An applicant 63 PR 49144, Dee. 8, 161111; 54 PR 20414, May intent of the training program. may propose to carry out one or more U, (Authority: 25 U.S.C. 3621(d), 21122) (Authority: 25 U.S.C. 2831(b)) of these activities or any other activi- 186 k j 4; *257.30 34 CM Ch. II (11-1-89 Edition) Off. of Elam and Soc. Educ., Education Part 258 ties that meets the purposes of thiscompleted, unemployment rates,or the staff that the applicant plans to (B) If necessary, modification of the program. other appropriate measures; use for the project. project as a result of that assessment. (dia) The Secretary does not fund (ID A description of other services in (g) Adequacy of resources. (10 points) under this program activities designedthe areaincluding those offered by (2) The Secretary looks for informa- solely to prepare individuals to enter athe applicantthat are designed to tion that shows: (1) The Secretary reviews each ap- specific occupation or cluster of close- (I) The qualifications of the projectplication to determine the extent to meet the same needs as those to be ad- director; which the resources to be devoted to ly related occupations in an occupa-dressedbytheproject,and the (ID The qualifications of each of thethe project are adequate. tional field after participating in thenumber of Indian adults who receive other key personnel to be used in the project. these other services; (2) In making th Idetermination, (2) However, if the following types (ill) Evidence that these other serv- project; the Secretary lookl, for information of activities are otherwise authorized (iil) The time that each person re- that shows: ices are insufficient in quantity or ferred to in paragraphs (dX2) (I) and (i) The facilities that the applicant under this part, the Secretary mayquality or both, or an explanation of (II) of this section will commit to the fund: why these other services are not used plans to use are adequate; and project; and Oil The equipment and supplies that (I)Activities that are designed toby adults who require the proposed (iv) The extent to which the appli- prepare individuals to benefit from oc-services; and the applicant plans to use are ade- cupational training; and cant will give preference to Indians inquate. (iv) An explanation of why the ap- the hiring of project staff. (11)Activities that incidentally in-plicant lacks the financial resources to (Approved by the Office of Management volve the teaching of employment-re-conduct the project. (3) To determine personnel qualifi-and Budget under control number 1810- lated skills. cations, the Secretary considers expe- (b) Plan of operation. (20 points) rience and training in fields related to0021) (Authority: 26 U.S.C. (1) The Secretary reviews each ap- (Authority: 25 U.S.C. 2831 (b), (d)) plication for information that shows the objectives of the project, as well aa the quality of the plan of operation other information that the applicant (49 FR 23778, June 7, 1984, as amended at Subpart C--(Rosorvod) provides. 53 FR 491(4, Dec. 8, 19883 for the project. (e) Budget and Cost effectiveness. (10 Subpart DHow Does the Sacrotary (2) The Secretary looks for informs- points) tion that shows: (1) The Secretary reviews each ap- Mak* a Grant? (I) A clear statement of the purpose PART 258PLANNING, PILOT, AND plication for information that shows DEMONSTRATION PROJECTS FOR 0 257.30 How does the &ere lary evaluate of the project; that the project has an adequate (il) Objectives that are: INDIAN ADULTS an application? (A) Related to the purpose of the budget and is cost effective. (a) The Secretary evaluates an appli- (2) The Secretary looks for informa- project; tion that shows: Subpart AGsweeral cation on the basis of the criteria in (B) Sharply defined; II 257.31. (I) The budget for the project is ade- Sec. (C) Stated in measurable terms; and quate to support the project activities; (b) The Secretary awards up to 100 (D)Capableofbeingachieved 258.1Planning, Pilot, and Demonstration possible total points for these criteria. and Projects for Indian Adults. withtn the project period. (it) Costs are reasonable in relation (c) The maximum possible score for (Iii) An activity plan, including a ti- 268.2 Who is eligible for aasistance under each criterion la indicated in parenthe- to the objectives of the project. this program? ses. meline, that clearly and realistically (f) Evaluation plan. (20 points) 258.3 What regulations apply to this pro- outlines the activities related to each (1) The Secretary reviews each ap- gram? (Authority: 25 U.S.C. 2851(bn objective; and plication for information to determine258.4 What definitions aPPly to tills pro- (iv) A plan for effective administra- gram? 1 257.31What selection criteria does the the quality of the plan for evaluating tion of the project. the project. Secretary use? (c)Community involvement.(10 (2) In making this determination, Subpart 14Whei Mods st Activities Dees Ma The Secretary Uses the following se-points) the Secretary considers: Sestotary Assist wades This Ivegeesa? lection criteria in °valuating each ap- (1) The Secretary reviews each ap- (I) How well the evaluationwill plication: plication to determine the extent to 258.10Whitt types ofprojecis may be measure: funded? (a) Need. (20 points) which the individuals to be served and (A) The project's effectiveness in (1) The Secretary reviews each ap-other members of the Indian commu- meeting each objective; and Subpart CIltessirved1 plication to determine the need fornity are involved in the project. (B) The impact of the project on the the proposed services. (2) The Secretary looks for informa- adults involved; kissers 1)-44ew Does the Secretary Make a (2) In making this determination,tion that shows that individuals to be (ii) The applicant's plan foi collect- Greet? the Secretary considers: served and other members of the ing and analyzing data including: (I) The needs to be addressed by theIndian community: (A) The appropriatehess of the hi-258.30 How does the Secretary evaluate an project, including the extent and se- (I) Were involved in planning and de- struments to collect the data; application? verity of these needs as indicated byveloping the project; and 268.31 To what applicants does the Secre- (B) The appropriateness ofthe tary give priority? the number and percentage of Indian (ID Will be involved in operating and method for analyzing the data; and adults in the area to be aerved by theevaluating the project. 258.32 What selectioncl iteria does the (C) The timetable tor collecting and Secretary use for a p154 4ning grant? project who need the proposed serv- (d) Quality of key personnel. (10 analyzing the data; and 258.33 What selection alteria does the Sec- ices and by such factors as elementarypoints) (iii) Procedures for: retary use forphut (rent? and secondary school dropout or ab- (1) The Secretary reviews each ap- (A)Periodicassessmentofthe 258.34 What selection criteria does the Sec- senteeism rates, average grade levelplication to determine the quality of progress of the project; and retary use for a demonstration grant? * 187 0 .k.0 .) Off. of limn. and Sec. Nut.,Education §2SS.32 I 253.1 34 CM Ch. N (11-149 Edifies) (2) The Secretary publishesthe se- (I) An identification and description Airnioarrr: 25 U.S.C. 2531(a). unless oth-plan, test, or demonstrate the effec. lected priorities, If any, in anotice inof the specific problem to be addressed erwise noted. Hyenas of programa for improving and evidence that the problem Is of the FIDIMAL lisourrsa. Sooacc: 49 FR 23777. June 7, 1984, unless employment and educational opportu- sufficient magnitude among Indian otherwise noted. nities for Indian adults. (Authority: 25 U.S.C. 2831(a)) adults; (2) An applicant may apply separate. 149 PR 23777, June 7, 1984, asamended at (li) A clear statement of the educa- Subport AOenerel ly for one or more planning Brenta 54 YR 20465, May 11, 19891 tional approach to be developed; pilot grants, or demonstration (manta. (111i A description of the literature 1 255.1Planning, Pilot, and Derronstno (3) An applicant may not apply for Subpart C-41taturvedl review, site visits, or other appropriate nom Projects for Indian Adults. more than one type of grant for each activity that shows that the applicant proposed project. has made a serious attempt to learn This program, Planning, Pilot, and (b) Proposed planning, pilot, or dem- Subpart 0How Dews *a Socralary Demonstration ProjectsforIndianonstration projects may include, but Stoke a Grant? from other projects that address simi- Adults, provides financial assistanceare not limited to, activities designed lar needs or have tried similar ap- for planning, pilot, and demonstrationto develop, test, replicate, or adapt 1 368.30 How does the Secretaryevaluate proaches; and projects designed to create, test, and (1) Educational approaches to assist am application? (iv) Evidence that the project is demonstrate the effectiveness of pro- &PPS- likely to serve as a model for commu- andIndian adults in achieving basic liter. (a) The Secretary evaluates an nities with similar educational needs. grams for improving employment icy; cation on the basis of the aPPlieanie educational opportunities for Indian (2) Methods for improving the basic criteria in268.32, 258.33, or 268.34, (b) Plan of operatfon. (10 points) adults. skills of Indian adults so that they depending on the type of grant for (1) The Secretary reviews each ap- (Authority: 25 U.S.C. 2131(a)) may benefit from occupational train- which the applicant has aPPIled- plication for information that shows ing; or (b) The Secretary awerds up to 100the quality of the plan of operation 263.2 Whoiseligibleforassistance (3) Educational approaches to waist possible total points for the criteria es-for the planning project. under this programa? Indian adults in qualifying for high tablished for each type of grant. (2) In making this determination, (c) The maximum poasible scoreforthe Secretary looks for information The following are eligible for assist-school equivalency certificates in the In ance under this program: shortest time feasible. each complete criterion is indicated that shows: (a)Stateeducational agencies (c) The types of projects listed in parentheses. (I) A clear statement of the purpose (SEAs). paragraph (b) of this section are ex- (Authority: 25 U.S.C. 2631(a)) of the project; (b)Local educationalagenciesamples of projects the Secretary may (II) Objectives that are: (LEAs). fund under this Program. An aPPlicant I" 158.31 To what applicants does theSec- (A) Related to the purpose of the (c) Indian tribes. may propose to carry out one or more retary give priority? project; of these activities or any other activity OD Sharply defined; (d) Indian organizations. In addition to the points awarded and (e) Indian institutions. that meets the purposes of this! pro- under258.32, 258.33, or 258.34, the (C) Stated In eleasurable terms; gram. (D)Capableofbeingachieved (Authority: 25 U.S.C. 263111)) (d) If a proposed project includes Secretary: within the project period. (a) Awards 25 points to each applica- ti- 258.3 What regulations apply to this pro- services and instruction, those services tion from an Indirtribe, Indian orga- (111) An activity plan, including a gram? and instruction must be below the col- nization, or Indian institution; and meline, that clearly and realistically lege level. (bX1) May award up to 10 points tooutlines the activities related to each The following regulations apply to (eX1) The Secretary does not fu id an application for the extentto whichobjective; and this program: under this program activities designed the applicant addresses the priorities, (iv) A plan for effective administra- (a) The regulatit ts in 34 CFR Partsolely to prepare individuals to enter a if any, selected by the Secretary undertion of the project. 250. specific occupation or cluster of close- 258.10(D; or (c)Community involvement.(10 (b) The regulations in this Part 258.ly related occupations in an occups- (2) May give absolute preference topointe) (Authority: 30 U.S.C. 2831(a)) tional field after participating in the applications that address these prior- (1) The Secretary reviews each ap- project. Kies. plication to determine the extent to 11255.4 What definitions apply to this pro- (2) However, if the following types which individuals to be servedand gram? of activities are otherwise authorised (Authority: 25 U.S.C. 20'4 i(d)(3)) other members of the Indian commu- The definitions in 34 CPR 250.4under this part, the Secretary may 1 268.32 What selection criteria does the nityare involved in theplanning apply in this program. f und: Secretary use forplanning pant? project. (1) Activities that are designed to (2) The Secretary looks for informs- (Authority: 95 U.S.C. 201(a)) prepare individuals to benefit from oc- The Secretary uses the following se-tion that shows that individuals tobe cupational training; and lection criteria in evaluating each ap-served and other members ofthe Sirbport 11Whet Kinds of Adivities (11) Activities that incidentally in- plication for s planning grant: (a) Need: (2( points) Indian community: Dees the Secretary Assist Undervolve the teething of employment-re- (1) The Secretary reviews each ap- (I) Were involved in planning and de- This Program? lated skills. veloping the project; and (f) Priorities. (1) Each Year the Sec- plication to determine the need for and the soundness of the rationale for (II) Will be involved in operating and I 258.16 What types of project* nay beretary may select for priority for plan- evaluating the planning project. funded ? ning, pilot, or demonstration grants the planning project. (d) Quality of key personnel. (10 one or more of the types of projects (2) In making this determination, (W(l) The Secretary may fund appli- points) . listed in paragreph (b) of this section. the Secretary looka for: cations proposing projecta designed to 0 0 .1 188 3 23L33 34 Olt Cli. N (11-149 Editles) Off. of Elem. sad See. Edw., Ideation II 253.33 (1) The Secretary reviews each ap- (B) If necessary, modification of the plication for information that showsproject as a result of that assessment. the quality of the plan of operation (3) To determine personnel qualifi- the qualifications of the key personnel for the pilot project. cations. the Secretary considers expe- (g) Adequacy of resources. (10 points) rience and training in fields related to the applicant plans to use for the (1) The Secretary reviews eachap (2) The Secretary looks for informa- planning project. plication for information that shows tion that shows: the objectives of the project, as well as (2) The Secretary loots for informa. (I) A clear statement of the purposeother information that the applicant that the applicant plans to devote ade. of the project; provides. tion that shows: quateresourcestotheplanning (i) The qualifications of the Projectproject. (II) Objectives that are: (e) Budget and cost effectiveness. (10 director; (2) The Secretary looks for informs. (A) Related to the purpose of thepoints) (ii) The qualifications of each of thetion that shows: project; (1) The Secretary reviews each ap- other key personne to be used in the (i) The facilities that the applicant (B) Sharply defined; plication for information that shows project; plans to use are adequate; and (C) Stated in measurable terms; andthat the pilot project has an adequate (iii) The time that each person re- (Ii) The equipment and suppliesthat (D)Capableofbeingachievedbudget and Is cost effective. ferred to in paragraphs (d)(2) (i) andthe applicant plans to useare ade- within the project period. (2) The Secretary looks for Informa- (ii) of this section will commit to thequate. (Iii) An activity plan. Including a ti-tion that shows: project; and (Approved by the Office of Management meline, that clearly and realistically (I) The budget for the project is ade- (iv) The extent to which the appli-and Budget under control number 1915- outlines the activities related :kJ eachquate to support the project activities; cant will give prt"erence to Inditns in 0021) objective; and and the hiring of project stafi. (iv) A plan for effective administra- (ID Coats are reasonable in relation (3) To determine personnel qualifi- (Authority: 15 U.B.C. 2631 (a), (d)) tion of the project. to the objectives of the project. cations. the Secretary considers expe- 149 1PR 23777, June 7, Net as emendedat (c)Community involvement.(10 (f) Evaluation plan. (20 points) rience and training in fields related to 53 PR 49144, Dec. 6, 19991 points) (1) The Secretary reviews each ap- the ebjectives of the project, ao well as (1) The Secretary reviews each ap-plication to determine the quality of other information that the applicant 268.33 What atkeloa criteria does Um plication to determine the extent tothe planfor evaluating the pilot provides. Secretary ase for a pilot gnat? which individuals to be served andproject. (e) Budget and cost effectiveness. (10 The Secretary uses the followingse- other members of the Indian commu- (2) In making this determination. points) lection criteria in evaluating eachap nity are involved in the pilot project. the Secretary considers: (1) The Secretary reviews each ap-plication for a pilot grant: (2) The Secretary looks for informa- (I) How well the evaluation will plication for information that shows (a) Need. (20 points) tion that shows that individuals to bemeasure: that the planning project has an ade- (1) The Secretary reviews each ap- served and other members of the (A) The project's effectiveness in quate budget and is cost effective. plication to determine the need for Indian community: meeting each objective; and and the soundness of the rationale for (I) Were involved in planning and de- (2) The Secretary looks for informs-the pilot project. (B) The impact of the project on the tion that shows: veloping the project; and adults involved; (I) The budget for the project Is ade- (2) In making this determination, (II) Will be involved in operating and the Secretary looks for: (II) The applicant's plan for collect- quate to support the project activities; evaluating the project. ing and analyzing data. includLtg: and (i) An identification and descriptfian (d) Qualify of key personnel. (10 of the specific problem to be addressed (A) The appropriateness of the in- (II) Costa are reasonable in relation points) struments to collect the data; to the objectives of the project. and evidence that the problem is of (1) The Secretary reviews each ap- lignificant magnitude among Indian (B) The appropriatenessofthe (f) Evaluation plan. (20 points) plication for information that showsmethod for analyzing the data; and (1) The Secretary reviews each ap-adults; the qualifications of the key personnel plication to determine the quality of CM A clear statement of the educa- the applicant plans to use for the pilot (C) The timetable for collecting and the plan for eveluating the project. tional approach to be tested in the project. analyzing the data; and (2) In making this determination.project: (2) The Secretary looks for informa- (ill) Procedures for: the Secretary considers: (III) Evidence that: tion that shows: (A)Periodicassessmentofthe (A) The plan upon which the pilot progress of the project; and (I) How well tht evaluationwill (I) The qualifications of the project measure the project's effectiveness inproject is based included an adequate director; (B) If necessary, modification of the meeting each objective; literature review, site visits, or other (II) The qualifications of each of theproject as a result of that assessment. (:!) The applicant's plan for collect-appropriate activity; and other key personnel to be used in the (g) Adequacy of resources. (10 points) :u and analyzing data. including: (B) The applicant has made a seri- project; (1) The Secretary reviews each ap- ous attempt to learn from research plication for information that shows (A) The appropriateness of the in-and from other projects that address (III) The time that each person re. strumente to collect the data; ferred to in paragraphs (d)(2) (I) andthat the applicant plans to devote ade- similar needs or that have tried simi- quate resourc I to the pilot project. (B) The appropriatenessofthelar approaches; and (II) of this section will commit to the method for analyzing the data; and project; (2) The Secretary looks for informa- (iv) Evioence that the projectis tion that shows: (C) The timetable for collecting andlikely to serve as a model for commu- (Iv) The extent to which the appli- analyzing the data; and nities with similar educational needs. cant will give preference to Indians in (I) The facilities that the applicant (HD Procet: area for: (b) Plan of operation. (20 pointa) the hiring of project staff; and plans to use are adequate; and 1,A) Periodicassessmentofthe (1) The Secretary reviev : each ap- (v) The procedures the applicant in- OD The equipment and supplies that progress of the project; and tends to use to train staff for imple-the applicant plans to use are ade- plication for information that shows menting the project. 4uate. 1 3 9 Port 263 Soc. Educ., Education 23434 34 CM Ch. N (11-149 Rados) OK of E1.as. and publicizing the for informs- (v) Provisions for (Approved by the Office of Management (III) An activity plan, including a ti- (2) The Secretary looks findings of tne project atthe local. and Budget under control number 1810- meline, that clearly and reelistically Uon that shows: State. or national level. (1031) (I) The budget torthe project is ade- (10 outlines the activities related to each project activities; (h)Adequacyafresources. (Authority. 25 U.B.C. 2831 la), (d) objective; and quate W sppport the points) and each ap- (49 PR 23777. June 7. 1964. am amended at (Iv) A plan for effective administra- reasonable in relation (1) The Secretary reviews tion of the prc;ect. (10 Costa are shows 63 PR 49144, Dec. O. 1988; 54 FR 20435. May of the project. plication for information that 11, INN (e)Community involvement(10 to the objectives that the applicant plans todevote ade- CD Evaluation plan.(15 points) points) reviews each ap-quate resources to thedemonstration 1 368.34 What eekction criteria dm-s the (1) The Secretary rrilews each ap- (1) The Secretary the quality ofproject. Secretaryusefor a demoestratioaplication to determine the extent to plication to determine (2) The Secretary looksfor informa- the plan for evaluatingthe Project- great? which the individuals to be served and determination, tion that shows: other members of the Indian commu- (2) In making this alMlicant The Secretary uses the following se- considers: (I) The facilities that the lection criteria in evaluating each ap-nity are involved in the demonstration the Secretary evaluation will plans to use are adequate;and plicatian for a demonstration grant: project. (I) How well the (U) The equi;nneet end suPPlielthat (a) Need. (15 points) (2) The Secretary looks for informa- measure: effectiveness inthe applicant ;liana to useare ade- (1) The Secretary reviews each ap-tion that shows that individuals to be (A) The project's served and other members of the meeting each objective;Dad quate. plication to determine the need for (B) The impact ofthe project on the(Approved by the Office ofManagement and the soundness of the rationale for Indian community: number 1610- (i) Were involved in planning and de- adults involved; and Budget under control the demonstration project. plan for collect- 0031) veloping the demonstration project; (II) The applicant's (3) In making this determination. including: (Authority: 36 U.S.C. 2631 (a), (d)) the Secretary looks for and ing and analyzing data, of the in- (ID Will be involved in operating and (A) The appropriateness amended at (I) An identification and description data; (49 FR 23777, June 7, 1984, as evaluating the project. struments to collect the 54 PR 20466. MaY of the specific problem to be addressed (B) The aPProPriatenessofthe 53 FR 49144, Dee. 8, 1968: and evidence that the problem is of (d) Quality of key personnel. (10 the data; and 11, 19491 points) method for analyzing significant magnitude among Indian (C) The timetable forcollecting and adults: (1) The Secretary reviews each ap- plication for information that shows analyzing the data; and FELLOWSHIP (U) A clear statement of the educa- (III) Procedures for: PART 263INDIAN tional approach to be demonstratedthe qualifications of the key personnel ofthe PROGRAM the applicant plans to use for the dem- (A)Periodicamessment and evidence that the project is likely progress of the project;and tm serve as a model for communitiesonstration project. modification of the Isibport *-4osterol (2) The Secretary looks for inform& (11) If necessary, with similar educational needs; and project as a result ofthat assessment. tion that shows: Sec. (iii) Evidence that: (g) Dissemination.(15 points) Fellowship Pro- (A) The plan and pilot project on (I) The qualifications of the project each ap-263.1 What is the Indian director. (1) The Secretary reviews gram? which the proposea demonstratimn plication for evidence thatthe appli- to apply under the project is based included an adequate (II) The qualifications of each of the 343.3 Who is eligible other key personnel to be used in the cant has an effectiveand efficient Indian Fellowship Program? literature revieu. site visits, or other for disseminatinginformation263.3 What definitionsapply to the Indian aPProPriate activity; and project; plan project. in- (III) The time that each person re- about the demonstration Fellowship Program? (B) The applicant has made a seri- cluding the results of theproject and293.4 What we theallowable fields oi MU attempt to learn frotn research ferred to in paragraph (dX2) (I) and materials developed by study? and from other projects that address(11) of this section will commit to the any specialized 263.5 What does afellowship award in- similar needs or have tried similar ap- development of the project; the project. clude? (iv) The extent to which the *MAI- (2) In making thisdetermination, proaches. the Secretary looks for Antietam (b) Plan of operation. (15 Pointe) cant will give preference to Indians in high Unwed liWisist Owed the the hiring of project staff; and (I)Information that shows Cosloisit (1) The Secretary reviews each ap- quality in the designof the dissemina- plication for infonaation that shows (v) The procedures the applicant in- for evaluat- Evidence that tends to use to train staff. If necessary, tion Plan and procedures 263.6 Application contents: the quality of the plan of operation ing the effectivenessof the dissemina- the applicant is Indian. for the demonstration project. for implementing the projects. Application contents: Evidenceof ad- (3) To determine Pereonnel qualifi- tion plan; 263.7 (3) In making this determination, (II) A description of thetypes of ma- mission or attendance. the Secretary looks for informationcations, the Secretary conmders expe- plans to make 203.6 Application contents:ThilaCripta. rience and training in fields related to terials the applicant that shows: available and the methodsfor making (i) A clear statement of the purposethe objectives of the project, as well u Subpart CHow Dees IlseSecretory feted the materiale available: fellows? of the project; other information that the Wham& Provisions for demonstrating (ID Objectives that are: provides. (ill) used by the Secretary (e) Budget and cost ellectiveleu. (10 the methods and techniques 363.11 What priorities may (A) Related to the purpose of the establish? points) the project; evaluate IP- project; (iv) Provisions forassisting interest- 283.13 How does the Secretary (s) Sharply defined; (1) The Secretary reviews each ap- in adapting or plications? plication for information that shows ed Indian communities to certain au- (C) Stated in meaaurable terms; and adopting and successfullyimplement- 283.13 What priority is given ofbeingachieved that the demonstration project has an plicants? (D)Capable ing the project; and within the project Pednd. adequate budget and is cost effective. 190 tlti § 263.1 34 CFR Ch. U (11-149Edifies) Off. of Elem. and Soc. Educ., Education § 263.6 Sec. 283.3 Wh& definitions Subpart DWher God Moos Must11. Mot by applyto um Secretarv means the SecretarY of (Authority: 25 U.S.C. 2023) Indian F vship Program? Fellows? the Department of Education or an of- (48 FR 35333, Aug. 3. 1983, as amended at 54 The following definitions ficial or employee of the Department 283.21Required certification of informa- apply to FR 21577. may 18, 19891 tion. the Indian Fellowship Program: acting for the Secretary underdele- 283.22 Time period for Department means the gation of authority. fellowship. rnent of Education. U.S. Depart Stipend means that portion of a fel- Subpart IIWhat Should the 283.23 ResponMbilities ofa Fellow. lowship award that is used for room Application Contain? 283.24 Leave of absence requests. Dependent allowancemeana costs 283.26 Discontinuation of fellowshippay- for the care of minor and board and personal living ex- ments. children who penses. 0 2633 Applicationconknts:Evidence reside with the Fellow. Undergraduate degree means a bac- that the applicant is Wien. Expenses means tuitionand required Subpart is llospeosiblo for Groot fees, required university calaureate (bachelor's) degree awarded An application must contain evi- Foymoets? health thaw. by an institution of higher education.dence that the applicant is Indian as ance, room, personal livingexpenses, defined in 0 263.3 of this part. 283.:'1Disbursement of funds. and board at ornear the institution, (Authority: 25 U.S.C. 2823, 2851) travel in cases of extreme 148 PR 35333, Aug. 3, 1983, as amended at 54 (Approved by the Office of Management Au-ruosny: 25 U.S.C. 2823, unlessother- hardship, tn. wise noted. structional supplies, and PR 21677, May 18, 19891 and Budget under contro) number 1810- lowance. dependent al- °020) Fellow means the recipient 1 263.4 What art the allowable fields of(Authority: 26 U.S.C. 2823) 'ubpart AGeneral of tel study? lowship under the IndianFellowship 148 FR 35333, Aug. 3. 1083, as amended at 64 263.1What isthe Indian FellowshipProgram. (a) The followingareallowable PR 21577, May 18, 19191 Proaram? Fellowship meansan award under fields for postbaccalaureate degree the Indian F'ellowship Program. under this program: 0 263.7 The Indian Fellowship Program Application contents: Evidence ei pro- Full course loadmeans the number (1) Medicine. admission or %nudism vides fellowships to enableIndian stu-of credit hours which (2) Clinical Psychology. dents to pursue a course ofstudy lead- the institution (3) Law. (a) An application must contain evi- ing ta requires offull-time student. dence that the applicant is currently Full-time student (4) Education. (a) A postbaccalaureatedegree in means student (5) psychologY. in attendance or hu been accepted for who: admission as a full-time student at an medicine, law, education,Psychology, (a) Is (b) The followingareallowable clinical psychology,or a related field; degree candidate; fields for an undergraduate or post-accredited institution of higher educa- or (b) Carries a fullcourse load; and baccalaureate degree under this Pro-tion in one of the eligible fields of (b) An undergraduateor postbacca- (c) Is not employed formore than 20 gram: study listed in263.4. luareate degree in businessadministra-hoursweek. (1) Business Administration. (b) An applicant who has not yet tion, engineering, naturalresources, or Good standing meansa cumulative (2) Engineering. been acceptedfor admission may a related field. grade point average of at least2.0 on a (3) Natural resources. submit an application that the Secre- (Authority: 26 U.S.C. 2823) 4.0 grade point scale in whichfailing (c) The Secretary considers, on atary may consider, provided that the grades are computedas prrt of the av . case-by-case basis, the eligibility of ap-applicant is accepted by an accredited I84 PR 21577, May 18, 1989) erase, or another appropriatestand- plications for fellowships in relatedinstitution of higher education by a ard established by the fields of study. date to be specified by the Secretary. 1 263.2 Who I. eligible institution. to apply under the Indian means an individualwho 6-- (Authority: 25 U.S.C. 2823) (Approved by the Cce of Management Indian Fellowship Program? (a) A member of anIndian tribe. and Budget under control number 1810- (a) In order to be eligible fora fel-band, or other organizedgroup of In. 154 PR 21577, May 18, 19891 0020) lowship an applicant must be: dians (as defined by the Indiantribe, 1 263.5 What does a fellowship award in.(Authority: 26 U.S.C. 2023) (1) An Indian as defined in263.3: band, or other organizedgroup), th. elude? (2) A United States citizen; eluding those Indian tribes, 148 PR 15333, Aug. 3. 1983, as amended at 64 and bands, or (a'r The Secretary awards a fellow- PR 21577, May 18, 19891 (3)(i) Currently in attendanceor ac- groups terminated since1940 and cepted for admission those recognized by the ship in an amount up to, but not more as a full-time un- State in which than, the expenses as defined in this I 263.8Applicatioa coateats: Traaseripts. dergraduate or postbaccalaureatestu-they reside: dent at an accreditedinstitution of (b) A descendant, in thefirst or Part. The assistance provided by the (a) An applicant for an undergradu- higher education in program either ate fellowship shall submit the most one of the fieldssecond degree, of an individualdc . (1) Fully financesstudent's educa- listed in283.4 orrelated field; andscribed in paragraph (a) ofthis defini- current official high school and, if ap- tion; tional expenses; or (ii) Recognized by thatinstitution as (2) Supplements other financial aid.propriate, undergraduate transcripts. degree candidate. (c) Considered by the Secretary of including Federal funding, other than (b) An applicant forgraduate fel- (b) An applicant mustnot have ob-the Interior to be an Indianfor any loans,for meeting educational ex-lowship shall submit the most current tained a terminal postbaccalaureatepurpose; or penses. official undergraduate and, if appro- degree. (d) An Eskimo, Aleut,or other (b) The Secretary announces the ex-priate, graduate transcripts. (Authority: 26 U.S.C. 2823) Alaska Native. pected maximum amounts for subsist-(Approved by the Office of Management Institutionofhighereducation ence and other fellowship costs in theand Budget under control number 1810- 148 FR 35333, Aug. 3, 1983,as amended at 64 °0)0) PR 21677, May 18, 19891 means that term ;az defined in34 CFR annual application notice published in 250.4. the FILDICRAL Rectum. (Authority: 25 U.S.C. 3023) ) Ii i t; 191 3 er 4, § 263.24 § 263.11 34 CFR Ch. II (11-149 Edition) Off. of Sim and Soc. Edw.,Education a) Has complied with the Indian (48 FR 35333, AUff. 3, 1983, a.s amended at 54 (3) The Secretary reviews the appli. 1 263.13 What priorityis given to certain FR 21577, May 18. 19891 cant'sofficialtranscripts and any Education Act of 1988 and applicable applicants? regulations; grade reports and test scores. (a) The Secretaryawards not more (2) Has remained a full-time student Subposf C-How Doss tiro Socrotary (d) Leadership. (10 points) (1) The than 10 percent of thefellowships, onin good standing In the field in which SAW follows? Secretary reviews documentation of a priority buts,to persons receivingthe fellowahipwasawarded; and any leadership positions held by the training in guidance counselingwith a (3) Has submitted a noncoe.peting 1 243.11What priorities may the Secretary applicant while in school and three specialty in the area of alcoholandcontinuationapplicationrequesting establish? letters of assessment that address the substance abuse counseLingand educa-additional support. (a) Each year the Secretary may es-applicant's potential for success and tion. (c) A fellowsh:p terminates whenthe tablish priorities among the allowableleadership in his or her field of study. (b)The Secretary shall award15 ad-Fellowreceivesthedegreebeing fields of study described in I 283.4. (2) The applicant shall submit three ditional points beyond thoseawardedsought or after the Fellow has re- (b) The Secretary announces the pri- letters, one from each of the following under § 263.12 to applicantswho aPttly ceived the fellowship for the maxi- orities selected and the approximate groups: for graduate fellowships inthe fieldsmum number of years allowed asde- amount of funds reserved for any com- (i) A school principal, a teacher, an of business administration,engineer-fined in paragraph (a) of this section, bination of the various fields or relat-academic or non-academic instructor ing,natural resources, and relatedwhichever comes first. ed fields of study in the applicationor counselor. fields. (d) A Fellow who received an under- notice published in the Mum. Rams- (II) A college professor, a coordinator (Authority: 25 U.S.C. 2623) graduate degree may seek support M. of a project funded under Subpart 1 of under this program to pursue agradu- (48 FR 35333, Aug. 3, 1983, asamended at 54 ate level or postbaccalaureate degree (Authority: 26 U.S.C. 2623) the Indian Education Act of 1988, or PR 21578, May 18, 19891 an academic advisor. by submitting a new application. (48 FR 35333, Aug. 3, 1983, as amended at 54 (III) A member of a parent commit- Must So (Authority: 25 U.S.C. 2623) FR 21577, May 18, 10891 tee for a project funded under Subpart Subpart D-What Conditions Mot by Follows? (48 FR 35333, Aug. 3, 1953, as amended at 54 243.12 How does the Secretary evaluate 1 of the Indian Education Act of 1968, a tribal COUliCil member, or a civic FR 21578, May 18, 19893 applications? 1143.21Required certification of informa- leader who has observed the applicant 0 253.23Responsibilities ofFellow. (a) The Secretary evaluates an appli-in educational, social, or civic activi- tion. cation on the basis of the criteria To verify further the accuracyof A Fellow shall- ties. appli- (a) Start school during thefirst se- listed in paragraphs (c), (d), and (e) of (e) Commitment. (10 points) (1) The the information provided in the this section, in addition ta the priority cation, the applicant shall provideall mester of the award at thc institution points awarded under I 283.13. TheSecretary considers the applicant's information and documents asre- named on the grant award document maximum possible point range forcommitment by reviewing an educa- quested by the Secretary, including in- and complete at least one full academ- each criterion is stated in parentheses.tional commitment essay written by formationonotherfinancialaidic term; The number of points the Secretarythe applicant. The Secretary awards sources for educational purposes.The (b) Submit to the Secretarytwo awards for each criterion depends on up to 10 points for this criterion. applicant's failure to provide the re-copies of his or her officialgrade how well the application addresses all (2) In reviewing the essay, the Secre- quested information and documentsreport at the close of each academic of the factors of that criterion. Thetary looks for: invalidates the application. term at that institution; and total number of points available under (I) The applicant's ability to write (Approved by the Office of Management (c) Request a leave of absencefrom the criteria in this section is 100. clearly; and Budget under control number 1810- the Secretary for any interruptionin (b) The Secretary evaluates and (11) How well and the extent to 0020) his or her program of academicstud- ranks an application with other appli-which the applicant expresses a com- (Authority: 25 U.S.C. 2623) ies. cations for the same field and relatedmitment of pursuing his or her chosen (Approved by the Office of Management (48 FR 35333. Aug. 3, 1983, as amended at 54 1810- fields. field of study; and PR 21578, May 18, 19891 and Budget under control number (c)Official academie record.(80 Mil The extent to which the essay 0020) points) (1) The Secretary considersexplains how participation in the fel- 1 263.22 Time period for a fellowship. (Authority: 25 U.S.C. 2823) the quality of the applicant's academiclowship program will enable the appli- (a) The Secretary awards a fellow- (48 FR 35333, Aug. 3, 1983, as amendedat 53 record and the applicant's potentialcant to achieve his or her potential ship for a period of time set liy the Fit 49144, Dec. 6, 1988; 64 FR 21578, MO for success in his or her field of studyand assist him or her In providing school as standard for the allowable 16, 19891 by reviewing the items in paragraphsleaderthip to the Indian Community. (c) (2) and (3) of this section. field of study or for a period of time- Leave of absence requests. tAi;proved by the Office of Management (1) Not to exceed four academic 263.24 (2) The Secretary reviews the appli- doctor- (a) A Fellow may request a leaveof cant's grade and if applicable stand-and Budget under control number 1810- yeers for an undergraduate or 0020) ate degree; and absence from the Secretaryfor a ardized test scores, such as the Scho- period not longer than 9 months. lastic Aptitude Test (SAT), American (Authority: 25 U.S.C. 2623) (2) Nut to exceed two academic years leave of for a master's degree. (b) The Secretary permits a College Testing Assessment Program (48 FR 35333, Aug. 3, 1983, as amended at 53 absence only if the institutioncertifies (ACT), Graduate Record Examination (b) The Secretary reviews the status FR 49144, Dec. 6, 1988; 54 FR 21577, May of each Fellow at the end of each yearthat the Fellow is eligible to resume (ORE), Law School Admissions Test 10, 19891 and continues support only ifthehis or her course of study at theend (LSAT), Medical College Admission of the leave of absence. Test (MCAT), and achievements tests. Fellow- c.; 192 214.25 34 cm Ch. 11 (11-149 Edifiee) (Authority: 25 U.S.C. 2623) of the stipends, that has beenre- 148 PR 35333, Aug. 3, 1583, ag amended at 54 ceived, u determined by the Secre- PR 21515,may18, I9551 tary. 1 213.26Diseutlasatiometfellowship (Authority: 25 U.S.C. 2623) esyroents. 146 PR 35333, Aug. 3, 1583, as amended at 54 (a) The Secretary may discontinue PR 21574, May 15, 1536] the fellowship. if the Fellow (1) Pails to comply with the provi- sions under this Part, including failure W obtain an approved leave of absence under26124, or with the terms and conditions of the fellowship award; or (2) Pails to report any change in his or her academic status. (b) The Secretary will discontinue a fellowship only after providing reason- able notice and an opportunity for the Fellow to rebut. in writing or in an in- formal meeting with the responsible official in the Department of Educa- tion, the bails for the decision. (Authority; 16 U.S.C. 2623) 148 PR 36333, Aug. 3, 1113, as amended at 54 FR 21578, May 18, 16891 Wiped EWho I. Responsible for Grant Poymente9 1 243.31Diatiresment of funds. (a) Funds are disbursed directly to the institution of higher education where a Fellow is enrolled. Stipends must be distributed to Fellows in in- stallments by the institution. No fewer than two installments per academic year may be made. (b) If the fellowship is vacated or discontinued (1) The Secretary may elect to allow the fellowship to follow the Fellow to another institution if the Fellow trans- fers during the current award period andmaintainseligibilityforthe award; (2) The Secretary may award the un- expended funds from the fellowship to an alternate applicant at that institu- tion for a period of study that does ot exceed the term or amount of the original fellowship; or (3) The Secretary may require the Institution to return the unext,ended funds. (c) A Fellow who officially or unoffi- cially withdraws or is expelled from an institution before completion of a term shall refund a prorated portion U13 OGVERNUENT MINTING orrics IV9U 2,-692 g11/2101(1 193 / ABOUT THE COVER .
The original artwork on the coverof this report is entitled, "THEM, LISTENIN'." The National Advisory Council on IndianEducation is very appreciative of Mt. SamEnglish for painting this watercolor especiallyfor the cover of this report.
Mr. English, an Ojibwe Indianartist is a descendant of both the Turtle Mountain Band and the Red Lake Bandof Ojibwe Indians. He is a renowned watercolorist, whose work is controlled,utilizingvivid,saturated colors with faces and figuresof the Indians laid down onpaper with a bright sinuosity. TheIndians in his paintings look at the viewer with questioning eyes. The several recurring thematic elements woven throughout Mr. English's paintings are bright color, feathers, sunglasses,and robes. The printing of the cover of the Council's annual reportis always done in one color of ink, so Mr. English has accommodated this requirement.
Mr. Englishlives and paints in the Southwest and currently is at theSam English Studio/Gallery, Ltd., 400 San Felipe NW.,Old Town Albuquerque,New Mexico 87104. Telephone: 505-843-9332.
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