local educational agencies (1) which have been local educational agencies for less than three years, and (ii) which enroll a substantial proportion of Indian children, and (3) which best satisfy the selection criteria set forth in § 186.33. (b) Assistance under this subpart is to be used for the purpose of developing and carrying out, in such agencies, elementary and secondary school programs specially designed to meet the special educational needs of Indian students. (c) Assistance may be made available under this subpart to meet the costs incurred in connection with the establishment of such agencies. (20 U.S.C. 241bb (b); S. Rept. 92-346, 92d Cong., 1st Sess. 1971, p. 99) § 186.32 Eligibility factors. (a) Eligibility of nonlocal educational agencies. In determining whether an applicant is a nonlocal educational agency (as defined in § 186.2), eligible to apply for assistance under this subpart, the Commissioner shall consider such factors as the following: (1) Whether the governing body of the school or school system was selected by, is representative of, and is solely responsible to the Indian tribe or community which that school or school system serves; and (2) Whether the governing body derives authority from such community to carry out such functions as: (1) Employing, managing, and terminating personnel; (ii) Developing and revising curricula; (iii) Establishing attendance, academic, and other relevant standards; (iv) Developing and approving budgets; (v) Establishing operational policies; and (vi) Raising funds. (b) Applications of nonlocal educational agencies. To assist the Commissioner in making eligibility determinations regarding nonlocal educational agencies, an application shall contain: (1) Adequate documentation of the authority to carry out the functions contained in paragraph (a) of this section such as: (1) Incorporation certificate or other organizational charter; (ii) By-laws or charter; (iii) Contract or other agreement to administer the school or school system; (iv) A certified description of the duties of the governing body; and (a) In considering whether to approve applications, and in determining the amount of the awards under approved applications, the Commissioner will take into account, in addition to criteria contained in 45 CFR 100a.26(b), criteria such as the following: (1) The number of Indian children enrolled in the agency applying for assistance, and the number that would be involved in the proposed program or project; (2) The degree to which costs for which assistance is sought are connected to start up costs incurred in the establishment of community control of a school or school system or of a new local educational agency; (3) The degree to which the program or project to be assisted addresses the particular educational and cultural needs of Indian children; (4) The degree to which the proposed program or project offers activities and services not previously available to Indian children in sufficient quantity or quality; (5) The adequacy of planning to provide significant long-term improvement of educational opportunities for the Indian children to be served by the school system; (6) The degree to which the proposed program or project is related to the educational plan and priorities of the Indian community to be served; and (7) Whether the application satisfies appropriate requirements of Subpart B of this Part. (b) Applications submitted under this subpart must satisfy the following requirements of Subpart B of this Part: (1) Sections 186.11 and 186.12, dealing with required contents of applications; (2) Section 186.13(b), requiring utilization of the best available talents and resources (including persons from the Indian community); (3) Sections 186.13 (c) (1) and 186.17, requiring an assurance that the proposed program or project will be developed, operated and evaluated in open consultation with the Indian community, including at least one public hearing at which all interested community members will have an opportunity to understand the program and to offer recommendations thereon; and (4) Section 186.14, describing appropriate subjects for discussion at the public hearing required in paragraph (b) (3) of this section. (c) Applications submitted under this subpart are not required to satisfy the provisions in §§ 186.13 (c) (2) and 186.15186.17 of subpart B of this Part relating to the nomination, selection, and functions of a Parent Committee. (20 U.S.C. 241dd (b) (2)) Subpart D-Fellowships for Indian Students 187.31 187.32 Eligible applicants and authorized activities. Criteria and priorities for consideration of applications. 187.33 Designation of alternate recipients of fellowships. 187.34 Applications. AUTHORITY: Sec. 810, Pub. L. 89-10, as amended, 86 Stat. 339 (20 U.S.C. 887c), unless othewise noted. SOURCE: 41 FR 16439, Apr. 19, 1796, unless otherwise noted. Subpart A-Scope; Definitions; General Provisions; Applicable Related Statute § 187.1 Scope. This part governs: (a) The provision of assistance to State and local educational agencies; Indian tribes, organizations, and institutions; federally supported elementary and secondary schools for Indian children; and institutions of higher education for carrying out special programs and projects to improve educational opportunities for Indian children under section 810 of the Elementary and Secondary Education Act of 1965 (as added by section 421 of the Indian Education Act) and (through special programs for educators of Indian children) section 422 of the Indian Education Act; and (b) The awarding of fellowships to Indian students in graduate and professional programs at institutions of higher education under section 423 of the Indian Education Act. (20 U.S.C. 887c, 887c-1, and 887c-2) § 187.2 Definitions. As used in this part: "Academic year” means a period of time, generally of not less than eight months, in which a fulltime student would normally be expected to complete the equivalent of two semesters, two trimeters, three quarters, or 900 clock hours of instruction. (20 U.S.C. 887c-2) "Allowance for dependents" means a payment, in a sum approved by the Commissioner, to a recipient of a fellowship or traineeship on account of his dependents, if any. (20 U.S.C. 887c, 887c-1, and 887c-2) "Cost of education allowance" means a payment to an eligible applicant (or, in the case of a fellowship under Subpart D, to the institution of higher education attended by the fellowship hold er) in a sum approved by the Commissioner and on behalf of an eligible recipient of a fellowship, or of education or training described in § 187.23, to cover the cost of the education or training to be provided to the eligible recipient by the eligible applicant (or, in the case of a fellowship under Subpart D, by the institution of higher education attended by the fellowship holder). (20 U.S.C. 887c, 887c-1, and 887c-2) "Exemplary" as applied to an educational program, project, service, or activity, refers to a program, project, service or activity designed to be so educationally effective or outstanding that it could be identified as a promising solution to a basic Indian education problem. (20 U.S.C. 887c (a) (2) and (c)) "Federally supported elementary and secondary school for Indian children" means an elementary or secondary school for Indian children operated or supported by the Department of the Interior. (20 U.S.C. 887c (b)) "Fellowship" means an award to an eligible recipient thereof described in § 187.16 (f) (2), an eligible recipient of education described in § 187.23(a), or an eligible applicant under Subpart D, and consists of a cost of education allowance, a stipend, and an allowance for dependents, if any. (20 U.S.C. 887c, 887c-1, and 887c-2) "Guidance and counseling" refers to: (a) Services to Indian pupils to assist them in assessing and understanding their particular abilities, educational needs, and career and vocational interests; and (b) Assistance in personal and social development, including the development of a positive self-concept for Indian children and their parents. (20 U.S.C. 887c (c) (1) (D)) "Handicapped children" means mentally retarded, hard of hearing, deaf, speech impaired, visually handicapped, seriously emotionally disturbed, orthopedically impaired, or other health-impaired children, or children with specific learning disabilities, who by reason thereof require special education and related services. (20 U.S.C. 887c (1) (E)) "Indian" means any individual, living on or off a reservation, who is: (a) A member of a tribe, band, or other organized group of Indians, including those tribes, bands, or groups terminated since 1940 and those recognized now or in the future by the State in which they reside, or who is a descendant, in the first or second degree, of any such member; or (b) Considered by the Secretary of the Interior to be an Indian for any purpose; or (c) An Eskimo or Aleut or other Alaska Native. (20 U.S.C. 1221h) "Institution of higher education" means an educational institution in any State which: (a) Admits as regular students only individuals having a certificate of graduation from a high school, or the recognized equivalent of such a certificate; (b) Is legally authorized within the State to provide a program of education beyond high school; (c) Provides an educational program for which it awards a bachelor's degree; or provides not less than a two-year program which is acceptable for full credit toward such a degree, or offers a two-year program in engineering, mathematics, or the physical or biological sciences which is designed to prepare the student to work as a technician and at a semiprofessional level in engineering, scientific, or other technological fields which require the understanding and application of basic engineering, scientific, or mathematical principles or knowledge; (d) Is a public or other nonprofit institution; and (e) Is accredited by a nationally recognized accrediting agency or association listed by the Commissioner pursuant to this paragraph or, if not so accredited, is an institution whose credits are accepted, on transfer, by not less than three institutions which are so accredited, for credit on the same basis as if transferred from an institution so accredited: Provided, however, that in the case of an institution offering a two-year program in engineering, mathematics, or the physical or biological sciences which is designed to prepare the student to work as a technician and at a semiprofessional level in engineering, scientific, or technological fields which requires the understanding and application of basic engineering, scientific, or mathematical principles or knowledge, if the Commissioner determines that there is no nationally recog nized accrediting agency or association qualified to accredit such institutions, he shall appoint an advisory committee, composed of persons specially qualified to evaluate training provided by such institutions, which shall prescribe the standards of content, scope, and quality which must be met in order to qualify such institutions to participate under this part and shall also determine whether particular institutions meet such standards. (20 U.S.C. 887c, 887c-1, and 887c-2) "Local educational agency" means a public board of education or other public authority legally constituted within a State for either administrative control or direction of, or to perform a service function for, public elementary or secondary schools in a city, county, township, school district, or other political subdivision of a State, or such combination of school districts or counties as are recognized in a State as an administrative agency for its public elementary or secondary schools. Such term also includes any other public institution or agency having administrative control and direction of a public elementary or secondary school. (20 U.S.C. 887c) "State" refers to, in addition to the several States of the Union, the Commonwealth of Puerto Rico, the District of Columbia, Guam, American Samoa, the Virgin Islands, and the Trust Territory of the Pacific Islands. (20 U.S.C. 887c, 887c-1, and 887c-2) "State educational agency" means the State board of education or other agency or officer primarily responsible for the State supervision of public elementary and secondary schools, or, if there is no such officer or agency, an officer or agency designated by the Governor or by State law. (20 U.S.C. 887c) "Stipend" means a payment, in a sum approved by the Commissioner, to a recipient of a fellowship or traineeship without regard to his dependents. (20 U.S.C. 887c, 887c-1, and 887c-2) "Traineeship" means an award to an eligible recipent of training described in § 187.23 (b), and consists of a cost of education allowance, a stipend, and an allowance for dependents, if any. (20 U.S.C. 887c-1) § 187.3 General Provisions. Assistance under this part is subject to applicable provisions contained in Subchapter A of this chapter (relating to fiscal, administrative, property management, and other matters). (20 U.S.C. 887c, 887c-1, and 887c-2) Assistance under this part is subject to section 7(b) of the Indian Self-Determination and Education Assistance Act (Pub. L. 93-638) and any regulations promulgated thereunder, to the extent that such statutory provision and regulations are by their terms applicable to assistance under this part. Section 7(b) provides for preference to Indians, in the contexts of training and employment and the awarding of subcontracts and subgrants, in connection with assistance under Federal legislation for the benefit of Indians. (20 U.S.C. 450e (b)) Subpart B-Improvement of Educational § 187.11 Planning, pilot, and demon- (a) Eligible applicants and authorized activities. State and local educational agencies, federally supported elementary and secondary schools for Indian children, and Indian tribes, organizations, and institutions may apply for grants to support planning, pilot and demonstration projects which are designed to plan for, and test and demonstrate the effectiveness of, programs for improving educational opportunities for Indian children, including: (1) Innovative programs related to the educational needs of educationally deprived children; (2) Bilingual and bicultural education programs and projects; (3) Special health and nutrition services and other related activities which meet the special health, social, and psychological problems of Indian children; and (4) Coordinating the operation of other federally assisted programs which may be used to assist in meeting the needs of these children. (20 U.S.C. 887c (a)(1) and (b)) (b) Criteria. In considering whether to approve applications submitted under this section and in determining the amount of the awards under those applications, the Commissioner will take into account the following criteria (in addition to the criteria referred to in § 187.15): (1) The degree to which the project addresses a demonstrated and substantial educational need of Indian children which is not being adequately met by projects supported with resources under other Federal, State, or local programs; (2) The degree to which the successful carrying out of the project will measurably contribute to improving the educational opportunities of Indian children throughout the Nation; (3) The numbers of Indian children who are estimated to require educational or other related services or programs of the kind which will be demonstrated or improved by the proposed project; (4) In the case of projects which address themselves primarily to academic needs, the degree to which the level of academic achievement of Indian children is likely to be improved by accomplishing or replicating the results of the proposed projects; (5) The degree of innovation of the proposed project; and (6) The degree to which the project can be replicated for the purpose of providing educational services or programs for Indian children. (20 U.S.C. 887c (b)) (c) Priority. In considering applications under this section, the Commissioner will give priority to applications from Indian educational agencies, organizations, and institutions, and to projects which will provide models for coordinating the operation, at the local level, of Federally assisted programs or projects designed to assist in meeting the educational needs of Indian children. (20 U.S.C. 887c (b), (f)) § 187.12 Educational services and exemplary programs and centers. (a) Eligible applicants and authorized activities. State and local educational agencies, and tribal and other Indian community organizations, may apply for grants to assist them: (1) To provide educational services, specifically designed to improve educational opportunities for Indian children, which are not available to Indian children in sufficient quantity or quality, including: 90-004-76- -68 (i) Remedial and compensatory instruction, school health, physical education, psychological, and other services designed to assist and encourage Indian children to enter, remain in, or reenter elementary or secondary school; (ii) Comprehesive academic and vocational instruction; (iii) Instructional materials (such as library books, textbooks, and other printed or published or audiovisual materials) and equipment; (iv) Comprehensive guidance, counseling, and testing services; (v) Special education programs for the handicapped; (vi) Preschool programs; (vii) Bilingual and bicultural education programs; and (viii) Other services which meet the purposes of this subparagraph; and (2) To establish and operate exemplary and innovative educational programs and centers which involve new educational approaches, methods, and techniques designed to enrich programs of elementary and secondary education for Indian children and which will serve as models for regular elementary and secondary school programs in which Indian children are educated. (20 U.S.C. 887c (a) (2) and (c)) (b) Criteria. In considering whether to approve applications submitted under this section and in determining the amount of the awards under those aplications, the Commissioner will take into account the following criteria (in addition to the criteria referred to in § 187.15): (1) The degree to which the application demonstrates that the services to be stimulated by the project are not available in sufficient quantity or quality to the Indian children to be served; (2) The significance, in terms of long term improvement of the educational opportunities of Indian children, of the provision of the educational service, or the widespread application of the exemplary program or center, for which assistance is requested; (3) In the case of an exemplary educational program or center, the degree to which the application demonstrates that the educational approach, method, or technique involved in the program or center has not previously been tested or applied in the education of Indian children; and |