Bureau of Indian Education School Board Training School Board Authorities and Tribal Oversight First, welcome to this session. If you haven’t been in another session that congratulated you on taking on this responsibility, then I’d like to do that. Being a board member sometimes isn’t easy—so thank you for being of service to your community and to the children who will be the adults of tomorrow. People like you make your community stronger. 2016-2017

Agenda Welcome Overview Roles and Responsibilities Questions and Discussion Takeaways So you can keep track…here’s where we are and what we’re going to do for the next hour… Right now, lets get an overview…

Background 1969: Senate Subcommittee report 1972: Indian Education Act recognized that American Indians have distinct educational, cultural, and language- related academic needs. Subsequent legislation builds on this foundation. There has been an evolution in legislation affecting education of the Indian peoples In 1969 a Senate Subcommittee issued a report “Indian Education-A National Tragedy-A National Challenge”. This began to focus attention on education of American Indian and Alaska Native students. In 1972, the Indian Education Act formed the Office of Indian Education and recognized that American Indians have distinct educational, cultural and language related academic needs. Subsequent legislation has sought to build on this foundation, seeking self determination and the best way to fund and run Indian schools. Now let’s go through an overview of the specific legislation in force today--

Indian Self-Determination and Education Assistance Act Public Law 93-638 (1975) Indian Self-Determination and Education Assistance Act Authorized BIA to transfer school management authority to tribal agencies via contracts. BIA funding includes: ISEP funds (Indian School Equalization Program) Administrative Cost Grants for contract schools Three years after the Indian Education Act, the Indian Self-Determination and Education Assistance Act was passed. This allowed the Bureau of Indian Affairs to give tribal agencies the authority to run their own schools and receive grants and funds. The main funding source for schools are ISEP funds. The amount of ISEP is determined by a formula that takes into account the unique needs of each school and the grades it teaches.

Public Law 95-561 Education Amendments of 1978 Increased local tribal control of Bureau-funded schools and programs. Provided for local school boards with “limited” authority at each school and program. Established line authority to BIE. School board authorities include: Budget and finance approvals Staffing and other human resource functions such as volunteers, child protection, contract renewals, furloughs Programming Education standards—usually those of the state, or proposed by the school board or tribe and approved by the Secretary. If more than one state is involved, the tribe or school board may choose.. Limited authority means that if there is a disagreement between the fiscal agent for the school or the principal or superintendent, the Education Line officer makes the decision.

Public Law 95-561 (cont’d) Statutory guidance to BIE-funded schools: Provides for Indian School Boards in BIE schools. Requires BIE to consult with tribes about schools. Allows cooperative agreements between tribes, Bureau school boards, and public school districts. Provides formula-based funding for BIE and tribal schools. Requires schools to be accredited or meet standards. Allows tribes to set academic standards. Originally law referred to BIA funded schools, but these are now funded through the Bureau of Indian Education, which became a separate entity several years ago.

Public Law 95-561 (cont’d) School Board Training Provisions New school board members must complete 40 hours of training within a year of appointment, provided that such training is recommended. Expenses for School Board training are limited to one percent of ISEP, not to exceed $15,000. Talk about how and why training is recommended

Public Law 100-297 Indian Education Act of 1988 Allows tribes to operate BIE-funded schools as grant schools rather than contract schools for funding. Timelier funding Ability to invest Ability to use interest for educational needs Authorizes BIE to transfer school management authority to tribal agencies via contract. In 1988, the main legislation that affects schools today was passed. This gave schools the ability to be grant schools rater than contract which allowed for more flexible use of funds. It also let the BIA transfer management of schools to tribes so that today there are tribally operated schools. Today: Congress recognizes the obligation of the United States to assure maximum Tribal participation in the direction of educational services Congress is committed to a self determination policy for education for the Indian people Statute prevents grant termination for administrative convenience Unique educational needs of Indian peoples are best met through a voluntary grant process

Public Law 100-297 (cont’d) Most BIE funding supports: ISEP (Indian School Equalization Program) grants to BIE and contract schools Administrative cost grants to contract schools Early Childhood Development Program Also authorizes: Tribal Departments of Education Tribal early childhood programs Amended by No Child Left Behind Act of 2001

Tribally Controlled Schools Act (1988) There should be maximum Indian participation in direction of educational services. It is national policy to provide the resources, processes and structure that tribes and local communities need for children to compete and excel. Needs are best met through grants. That year, Congress affirmed the idea that self determination of the Indian people is dependent on an educational process that would ensure the development of qualified people to fulfill meaningful societal roles This also affirmed that Indian peoples have unique educational needs, such as the need for programs to meet linguistic and cultural needs These needs are best met through a grant process

No Child Left Behind Act (2001) Amends PL 95-561 and PL 100-297 Increased federal role in holding schools accountable for student outcomes Special emphasis on minority students Requires students to be tested and proficient Teachers must be “highly qualified” Non-adherence can put funding at risk Replaced in 2015 by the Every Student Succeeds Act. No child left behind created the mechanism of AYP- or adequate yearly progress. If standards are not met over two years or more, there are various sanctions. Highly qualified teachers have a Bachelor’s in the subject they are teaching and state certification. There is controversy associated with NCLB, including emphasis on reading and math. See separate school module on ESSA.

Tribal Oversight Responsibilities for Tribally Controlled School Grants Since tribal councils are the authorizing authority for applying for and accepting grants, they become responsible for oversight. Responsibility may be transferred to Board. The responsibility for applying and accepting grants under these laws falls to the tribes and tribal councils. Tribal councils may assign responsibility to the tribal board of education or education department Grant oversight means making sure that your superintendent is ensuring compliance with grant processes, procedures, requirements, terms and expectations.

Tribal Oversight Responsibilities from PL 100-297 Written election procedures for School Board. Compliance with personnel and financial policies. Development of risk management program. Written election procedures for School Board are approved by Tribal Council and Tribal Election Board Let’s go through these. As we do, let’s share what your board is doing in each of these areas.

Tribal Oversight Responsibilities from PL 100-297 Schools must: Ensure that school board has operational knowledge. Ensure school board has property management system. Ensure school board submits applications and reports for grants and reimbursements. Ensure school administrators are trained in PL 100-297 Written election procedures for School Board are approved by Tribal Council and Tribal Election Board Let’s go through these. As we do, let’s share what your board is doing in each of these areas.

Questions for Discussion How would you characterize the relationship of the federal government to the tribes in respect to education? How can you best ensure grant compliance as a member of the board? How are grant funds monitored at your school?

Takeaways What are three things you will remember from this session? What will you do differently?