TED-FREQUENTLY ASKED QUESTIONS.docx

FREQUENTLY ASKED QUESTIONS

1. Does the Secretary have the authority to provide funds to Tribal Education Departments?

Yes, under 25 USCS § 2020 Tribal departments or divisions of education, it states:

(a) In general. Subject to the availability of appropriations, the Secretary shall make grants and provide technical assistance to tribes for the development and operation of Tribal departments or divisions of education for the purpose of planning and coordinating all educational programs of the tribe.

(b) Applications. For a tribe to be eligible to receive a grant under this section the governing body of the tribe shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require.

(c) Diversity. The Secretary shall award grants under this section in a manner that fosters geographic and population diversity.

(d) Use. Tribes that receive grants under this section shall use the funds made available through the grants—

(1) to facilitate Tribal control in all matters relating to the education of Indian children on reservations (and on former Indian reservations in Oklahoma);

(2) to provide for the development of coordinated educational programs (including all preschool, elementary, secondary, and higher or vocational educational programs funded by Tribal, Federal, or other sources) on reservations (and on former Indian reservations in Oklahoma) by encouraging Tribal administrative support of all Bureau-funded educational programs as well as encouraging Tribal cooperation and coordination with entities carrying out all educational programs receiving financial support from other Federal agencies, State agencies, or private entities; and

(3) to provide for the development and enforcement of Tribal educational codes, including Tribal educational policies and Tribal standards applicable to curriculum, personnel, students, facilities, and support programs.

(e) Priorities. In making grants under this section, the Secretary shall give priority to any application that--

(1) includes—

(A) assurances that the applicant serves three or more separate Bureau-funded schools; and

(B) assurances from the applicant that the Tribal department of education to be funded under this section will provide coordinating services and technical assistance to all such schools;

(2) includes assurances that all education programs for which funds are provided by such a contract or grant will be monitored and audited, by or through the Tribal department of education, to ensure that the programs meet the requirements of law; and (3) provides a plan and schedule that—

(A) provides for—

(i) the assumption, by the Tribal department of education, of all assets and functions of the Bureau agency office associated with the tribe, to the extent the assets and functions relate to education; and

(ii) the termination by the Bureau of such functions and office at the time of such assumption; and

(B) provides that the assumption shall occur over the term of the grant made under this section, except that, when mutually agreeable to the Tribal governing body and the Assistant Secretary, the period in which such assumption is to occur may be modified, reduced, or extended after the initial year of the grant.

(f) Time period of grant. Subject to the availability of appropriated funds, a grant provided under this section shall be provided for a period of three years. If the performance of the grant recipient is satisfactory to the Secretary, the grant may be renewed for additional three-year terms. (g) Terms, conditions, or requirements. A tribe that receives a grant under this section shall comply with regulations relating to grants made under section 103(a) of the Indian Self-Determination and Education Assistance Act [25 USCS § 450h(a)] that are in effect on the date that the Tribal governing body submits the application for the grant under subsection (b). The Secretary shall not impose any terms, conditions, or requirements on the provision of grants under this section that are not specified in this section.

(h) Authorization of appropriations. There are authorized to be appropriated to carry out this section $ 2,000,000.

2. What statutory authority, regulatory authority, and policies does Bureau of Indian Education have in overseeing their schools?

The federal government has a trust responsibility for Indians, including for educational services. The Snyder Act and P.L. 95-561 provide legal authority for the Bureau of Indian Education to oversee federally operated schools.

3. What statutory authority, regulatory authority, and policies do tribes have in overseeing their schools?

Tribes have an inherent sovereign right to govern their people, including children. P.L. 93-638 and P.L. 100-297 provide statutory support and funding mechanisms to support Tribes that operate Tribal schools.

4. Once geographic attendance boundaries are established how can they be changed?

Tribes can change geographic boundaries of schools. Bureau regulations at 25 CFR 37.122, state that:

(a) The Secretary can change the geographic attendance boundaries of a day school, on-reservation boarding school, or peripheral dorm only after:

(1) Notifying the Tribe at least six months in advance; and

(2) Giving the Tribe an opportunity to suggest different geographical attendance boundaries.

(b) A tribe may ask the Secretary to change geographical attendance boundaries by writing a letter to the Director of the Office of Indian Education Programs, explaining the tribe's suggested changes. The Secretary must consult with the affected tribes before deciding whether to accept or reject a suggested geographic attendance boundary change.

(1) If the Secretary accepts the Tribe's suggested change, the Secretary must publish the change in the Federal Register.

(2) If the Secretary rejects the Tribe's suggestion, the Secretary will explain in writing to the Tribe why the suggestion either:

(i) Does not meet the needs of Indian students to be served; or

(ii) Does not provide adequate stability to all affected programs.

5. By tribes controlling their own education, is the federal government not fulfilling its trust responsibility?

No, the federal government will uphold its commitment to tribes and support tribes as they take control of their own education. This grant is completely voluntary. It has been the belief by many tribes that tribes can do a better job of promoting student outcomes—and the federal government supports this belief. In addition, Bureau of Indian Education will continue to provide quality technical assistance and monitor school performance whether a tribe is part of the grant or not.

6. Who will be responsible for audits?

The Tribal Education Department grantee is responsible for the audit of these grant funds.

7. What about the conditions of assurances such as the School Improvement Grant?

Receipt of this grant will not change the conditions of any other funding from the Department of the Interior or the Department of Education automatically. But tribes may want to re-evaluate the current arrangements to improve upon them.

8. What are the lines of authority (government to government) between BIE and the Tribal Education Department?

There are currently no lines of authority between the Bureau of Indian Education and Tribal Education Departments, except as delegated by the Tribal council or other appropriate Tribal governing body.

9. How can the tribe support native and state common core curriculum at the school’s sites, particularly for native language, culture and history?

If a tribe operates Bureau-funded schools, it can control much of the curriculum in those schools directly. In addition, a grantee could include in its plan the development of native language, culture, and history curriculum both for those schools that it operates and for those programs with which it coordinates.

10. Can a Tribal Education Department serve schools outside its reservation with this grant?

Yes, the Bureau-funded school system has included some nearby but off-reservation schools for many decades. Tribal Education Departments may include such schools in their plans for serving educational programs and doing so may, in some cases, be critical to effectively serving Indian children and their families on the reservation due to frequent transfers between schools, detention centers, and other facilities.

11. Can a Tribal Education Department serve educational programs at juvenile detention centers, treatment centers, or similar entities with this grant?

Yes, all educational programs can be included in a Tribal Education Department’s development of coordinated educational programs. In addition to juvenile detention centers and treatment centers, Tribal Education Departments may also include preschool, higher education, vocational educational programs. We encourage the coordination of all education programs on the reservation.

12. Can a Tribal Education Department use this grant to coordinate educational programs operated by non-Tribal entities?

Yes, assuming the non-Tribal entity is willing to be a partner. Successful coordination of educational programs on a reservation might necessarily include programs operated by BIE, other federal agencies, a state or local government, or other organizations.

13. Can two tribes create a joint educational program and apply for this grant?

Yes, if allowable under the Tribal law of each tribe. A tribe will have to decide whether a joint Tribal Education Department is a workable and desirable expression of its inherent Tribal sovereignty.