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Federal government and the state. I am aware that in some school districts it strictly is the state and local monies that support the educational opportunities. The question being whether both of them are supporting it with their fair share in the former districts.
Mr. QUIE. We have a treaty with Indian nations. We don't have the same arrangement at military bases. Indians don't pay income tax in states while military people do, in whatever state they come from. Indians don't pay sales tax. Military people do, if they buy off the base. I think those are some other reasons why it is different.
How would you feel if we changed P.L. 874 with regard to Indians in that we would pay not only for the local share of education, but the state's share as well on the one hand, and then because of the unique treaty arrangements that permit the Indian parents to have a voice in the expenditure of that money, similar to what we have done in Johnson-O'Malley now, to permit a voice in the expenditure of the money?
Mr. STORMER. With respect to parental participation, you well recognize our law does require assurances be provided by the local educational agencies, presently, that parental participation in the planning of the programs for their Indian children is required. Also that the children who reside on Indian lands are participating in the educational programs, that they are receiving equitable treatment similar to other children within the school district. Both of these assurances were made a portion of Public Law 874 and we are attempting to, through our program officers, see that those assurances are carried out.
Mr. QUIE. How much voice do the Indian parents actually have? Is it strictly advisory or do they have some veto power?
Mr. STORMER. I think you have a continuum. In a number of school districts the Indians serve and sit as a majority on the School Board. In some instances they serve as a minority on the School Board. In other instances
Mr. QUIE. That is not because of P.L. 874 though. Mr. STORMER. No. Mr. QUIE. I am talking about what is required. You talk about what the law requires in P.L. 874.
Mr. STORMER. I couldn't give you a precise assessment as to how much participation is actually occurring. I would presume inasmuch as we have not received information from our program officers indicating it is to the contrary, that the parents are participating in an advisory role, and maybe, possibly, in some instances, in a more firm fashion than that.
Mr. QUIE. Can you supply the regulations on the requirements and then a survey of what actually is occurring?
Mr. STORMER. We will send that to you. [The information follows:]
Our regulation concerning assurances with respect to Indian children
is as follows:
Section 115.14 Assurances and parental participation with respect to
Indian children for applications under section 3.
(a) Each application for payment under section 3(a) or section 3(b)
of the Act which is based upon children who reside on or reside with a
parent employed on Indian lands (as included within the definition of
Federal property under section 403(1)(A) of the Act) shall set forth
adequate assurance that Indian children will participate on an equitable
basis in the school program of the applicant local educational agency.
(Pub. L. 92-318, section 411(a); (20 U.S.C. 240(a)(2)))
(b) Each application based upon children as described in paragraph
(a) of this section shall:
(1) Set forth such policies and procedures as will ensure that
programs and projects assisted under the application have been planned
and developed, and will be operated in consultation with, and with the
involvement of parents of, the children to be served by such programs
and projects. Applicants must submit a brief statement describing such
policies and procedures with each application;
(2) Be submitted with assurance that such parents have had an
opportunity to present their views with respect to the application; and
(3) Set forth policies and procedures for adequate dissemination of
program plans and evaluations to such parents and the public. Applicants
must submit a brief statement describing such policies and procedures
with each application.
(c) It shall be the responsibility of the applicant local educational
agency to provide to the parents of such children:
(1) Opportunity to make recommendations to the local educational agency
concerning the needs of the Indian children;
(2) Opportunity to consult with the local educational agency concerning
the ways in which such parents can assist their children in realizing the
benefits to be derived from the educational program of the local educational
(3) Opportunity to present their views to the appropriate school
personnel concerning the educational program and parental participation.
(20 U.S.c. 1231d; Pub. L. 92-318, section 411(a))
The application for assistance under P.L. 874 contains a number of
assurances of which the following apply specifically to school districts
educating children residing on Indian lands:
"Indian children claimed under Section 3(a) or Section 3(b) who reside on,
or reside with a parent employed on Indian lands will participate on an
equitable basis in the school program as all other children educated by
the local education agency."
"Policies and procedures have been set forth and implemented to ensure
that parents of Indian children claimed for Indian lands under Section 3
have been consulted and involved in the planning, development, and
operating of program and projects assisted under this application for
(Attach a brief statement describing such policies and
"Parents of Indian children claimed from Indian land under Section 3
have had an opportunity to make recommendations concerning the needs of
such children, and the ways these parents can assist the children in
realizing the benefits to be derived from the education programs, as well
as to present their views concerning the educational program and parental
"Policies and procedures have been set forth and implemented to adequately
disseminate program plans and evaluations to the parents of Indian
children claimed for Indian lands under Section 3 and to the public and
that such parents have had an opportunity to present their views with
respect to the application.
(Attach a brief statement describing such
policies and procedures).
"The "handicapped children" and "children with specific learning dis
abilities" claimed in Tables 1 and 2 are receiving services in programs
which are of sufficient size, scope, and quality as to give reasonable
promise of substantial progress toward meeting the special educational
and related needs of such children."
During on-site reviews of school district records, SAFA Regional Program
Officers are required to discuss these assurances with local education
agency officials and to review documentary evidence indicating compliance.
We plan soon to develop and implement procedures that will provide a readily
available report on the names of Indian school districts that are visited
each year and collect examples of documents that assure compliance.
of these data are contained presently in individual application files
which are maintained by State and application number rather than by type
of school district.
Mr. STORMER. If I can go back to the earlier portion of your question with respect to whether the Indian children should be supported one hundred percent by Federal funds and no participation by state funds, I would be inclined to—and I am speaking personally, not as a representative at the present time of the Administration--personally I think that would not be an appropriate response. I think the state must participate to some degree in the support of their children, of all children who reside within the state boundaries, and it is a combination of state and Federal responsibility for those children.
I would question whether or not a youngster, an Indian youngster who is relying one hundred percent on Federal funds, would be equitably treated, in this status within the state if the state did not have some participation in their educational resonsibilities.
Mr. QUIE. Are Indians involved in states where they can't take P.L. 874 money into consideration because of equalization within the states?
Mr. STORMER. Are they involved in those states?
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