§ 34.5 Approval of courses for vocational training at institutions.

A course of vocational training at any institution, public or private, offering vocational training, or with any school of nursing offering a 3-year course of study leading to a diploma in nursing which is accredited by a recognized body or bodies approved for such purpose by the Secretary, may be approved; Provided,

(a) The institution is accredited by a recognized national or regional accrediting association; or

(b) The institution is approved for training by a State agency authorized to make such approvals; and,

(c) It is determined that there is reasonable certainty of employment for graduates of the institution in their respective fields of training.

[34 FR 17520, Oct. 30, 1969]

§ 34.6 Approval of apprenticeship training.

A program of apprenticeship training may be approved when such training:

(a) Is offered by a corporation or association which has furnished such training to bona fide apprentices for at least one year preceding participation in this program; and

(b) Is under the supervision of a State apprenticeship agency, a State Apprenticeship Council, or the Federal Apprenticeship Training Service; and

(c) Leads to an occupation which requires the use of skills that normally are learned through training on the job and employment in which occupation is based upon training on the job rather than upon such elements as length of service, normal turnover, personality, and other personal characteristics; and

(d) Is identified expressly as apprenticeship training by the establishment offering it.

§ 34.7 Approval of on-the-job training.

On-the-job training may be approved when such training is offered by a corporation or association which has an existing on-the-job training program which is recognized by indus

try and labor as leading to skilled employment.

§ 34.8 Financial assistance for trainees.

Individuals or family units where the head of the family is entering training under this part may be granted financial assistance to provide for transportation to the place of training, and subsistence during the course of training. For purposes of this part, subsistence may be construed to provide for all or any part of the following items: Medical examinations; subsistence en route; subsistence during the course of training until the first full pay check from employment has been received; personal appearance; housewares; furniture; health care; payment for required books; supplies and tools for training; and payment of tuition and related cost and other required expenses, in accordance with the schedule and amounts as established by the Secretary or his authorized representative.

[27 FR 1888, Feb. 28, 1962]

§ 34.9 Contracts and agreements.

Training facilities and services required for the program of vocational training may be arranged through contracts or agreements with agencies, establishments, or organizations. These may include:

(a) Appropriate Federal, State, or local government agencies, or

(b) Private schools which have a recognized reputation in vocational education as successfully obtaining employment for its graduates in the fields of training approved by the Secretary or his authorized representative, for purposes of the program, or (c) Corporations and associations with apprenticeship on-the-job training programs recognized by industry and labor as leading to skilled employment.

[34 FR 17520, Oct. 30, 1969]

or

§ 34.10 Waiver or exception.

The rules set forth in this part are prescribed as required by section 1, of the act of August 3, 1956, 70 Stat. 986. Waiver of or exception to these rules may be made where such waiver or ex

ception is not inconsistent with any terms of said statute, upon a finding by the Secretary of the Interior that such waiver or exception is justified by circumstances not contemplated by these rules and such action is desirable to carry out the purpose of the statute.

PART 35-STUDENT RIGHTS AND DUE PROCESS PROCEDURES

Sec.

35.1 Purpose.

35.2 Application to Bureau schools. 35.3 Rights of the individual student.

35.4 Due process.

35.5 Application to schools under Bureau contract.

AUTHORITY: 5 U.S.C. sec. 301.

SOURCE: 39 FR 32741, Sept. 11, 1974, unless otherwise noted.

§ 35.1 Purpose.

The regulations in this part govern establishing programs of student rights and due process procedures in Bureau of Indian Affairs schools and in schools that are operating under contract with the Bureau of Indian Affairs.

§ 35.2 Application to Bureau schools.

All Bureau of Indian Affairs schools shall be governed by the regulations set forth in this part and said regulations shall be expressly included as a part of the local school regulations of each Bureau of Indian Affairs school. Upon admission, all students of Bureau of Indian Affairs schools shall be given a copy of the school regulations governing the conduct of students and shall be notified of any amendments thereto.

§ 35.3 Rights of the individual student.

Individual students at Bureau of Indian Affairs schools have, and shall be accorded, the following rights:

(a) The right to an education. (b) The right to be free from unreasonable search and seizure of their person and property, to a reasonable degree of privacy, and to a safe and secure environment.

(c) The right to make his or her own decisions where applicable.

(d) The right to freedom of religion and culture.

(e) The right to freedom of speech and expression, including symbolic expression, such as display of buttons, posters, choice of dress, and length of hair, so long as the symbolic expression does not unreasonably and in fact disrupt the educational process or endanger the health and safety of the student or others.

(f) The right to freedom of the press, except where material in student publications is libelous, slanderous, or obscene.

(g) The right to peaceably assemble and to petition the redress of griev

ances.

(h) The right to freedom from discrimination.

(i) The right to due process. Every student is entitled to due process in every instance of disciplinary action for alleged violation of school regulations for which the student may be subjected to penalties of suspension, expulsion, or transfer.

§ 35.4 Due process.

Due process shall include:

(a) Written notice of charges within a reasonable time prior to a hearing. Notice of the charges shall include reference to the regulation allegedly violated, the facts alleged to constitute the violation, and notice of access to all statements of persons relating to the charge and to those parts of the student's school record which will be considered in rendering a disciplinary decision.

(b) A fair and impartial hearing prior to the imposition of disciplinary action absent the actual existence of an emergency situation seriously and immediately endangering the health or safety of the student or others. In an emergency situation the official may impose disciplinary action not to exceed a temporary suspension, but shall immediately thereafter report in writing the facts (not conclusions) giving rise to the emergency and shall afford the student a hearing which fully comports with due process, as set forth herein, as soon as practicable thereafter.

(c) The right to have present at the hearing the student's parent(s) or guardian(s) (or their designee) and to be represented by lay or legal counsel of the student's choice. Private attorney's fees are to be borne by the student.

(d) The right to produce, and have produced, witnesses on the student's behalf and to confront and examine all witnesses.

(e) The right to a record of hearings of disciplinary actions, including written findings of fact and conclusions in all cases of disciplinary action.

Non-Bureau of Indian Affairs schools which are funded under contract with the Bureau of Indian Affairs must also recognize these student rights.

(a) "Act" means any act of Congress authorizing the directing the Secretary to prepare a roll of a specific tribe or band of Indians.

(b) "Secretary" means the Secretary of the Interior or his authorized representative.

(c) "Commissioner" means the Commissioner of Indian Affairs or his authorized representative.

(d) "Director" means the Area Director or his authorized representative of the Bureau of Indian Affairs Office which has administrative jurisdiction over the local office responsible for administering the affairs of the tribe.

(e) "Superintendent" means the official or other designated representative of the Bureau of Indian Affairs in charge of the local office which has immediate administrative jurisdiction over the affairs of the tribe for which a roll is being prepared.

(f) "Staff Officer" means the Enrollment Officer or other person authorized to prepare the roll.

(g) "Tribal Committee" means the body of the tribe vested with authority to pass on enrollment matters.

(h) "Descendents" means those persons who are the issue of the ancestor

through whom enrollment rights are claimed, namely, the children, grandchildren, etc. It does not include collateral relatives such as aunts, uncles, cousins, etc.

(i) "Sponsor" means a parent, recognized guardian, next friend, next of kin, spouse, executor or administrator of estate, the Director or other person who files an application for enrollment on behalf of another person.

(j) "Basic Roll" means the specific allotment, annuity, census or other roll designated in the act as the basis upon which a new roll is to be compiled.

(k) "Lineal ancestor" means an ancestor, living or deceased, who is related to an applicant by direct ascent, namely parent, grandparent, etc. It does not include collateral relatives such as aunts, uncles, etc.

[30 FR 7745, June 16, 1965, as amended at 33 FR 18154, Dec. 6, 1968]

§ 41.2 Purpose.

The regulations in this Part 41 are to govern the compilation of rolls of Indian tribes by the Secretary of the Interior pursuant to statutory authority. The regulations are not to apply in the compilation of tribal membership rolls where the responsibility for the preparation and maintenance of such rolls rests with the tribes.

§ 41.3 Qualifications for enrollment and the deadline for filing applications. (a) Qualifications which must be met to establish eligibility for enrollment and the deadline for filing enrollment applications will be included in this Part 41 by appropriate amendments to this section.

(b) Tlingit and Haida Tribes in Alaska: All persons of Tlingit or Haida Indian blood residing in the various local communities or areas in the United States or Canada on August 19, 1965, shall be eligible for enrollment provided they were legal residents of the Territory of Alaska on June 19, 1935, or prior thereto, or they are descendants of persons of Tlingit or Haida Indian blood who were legal

residents of the Territory of Alaska on June 19, 1935, or prior thereto. Applications for enrollment must be postmarked no later than December 31, 1967.

(c) Miami Indians of Oklahoma and Indiana. (1) All persons of Miami Indian ancestry born on or prior to and living on October 14, 1966, whose names or the name of an ancestor through whom they claim eligibility appears on one of the following rolls, shall be entitled to be enrolled to share in the distribution of judgment, funds awarded the Miami Indians of Indiana in Indian Claims Commission Docket 124-A, except persons whose names appear on the current tribal roll of the Miami Tribe of Oklahoma: Roll of Miami Indians of Indiana of June 12, 1895.

Roll of "Miami Indians of Indiana, now living in Kansas, Quapaw Agency, I.T., and Oklahoma Territory."

Roll of Eel River Miami Tribe of Indians of May 27, 1889, prepared and completed pursuant to the Act of June 29, 1888 (25 Stat. 223).

(2)(i) All persons of Miami Indian ancestry born on or prior to and living on October 14, 1966, whose names or the name of an ancestor through whom they claim eligibility appears on any of the rolls listed in § 41.3(c)(1) or on the roll of the Western Miami Tribe of Indians of June 12, 1891, prepared and completed pursuant to the Act of March 3, 1891 (26 Stat. 1000), shall be entitled to be enrolled to share in the distribution of the judgment funds awarded the Miami Indians in Indian Claims Commission Dockets 67 and 124.

(ii) Persons who file applications for enrollment on the roll to be prepared under § 41.3(c)(1) need not file another application to be considered for enrollment on the roll to be prepared under § 41.3(c)(2).

(iii) Applications must be filed with the Area Director, Bureau of Indian Affairs, Federal Building, Muskogee, Okla. 74401, and must be postmarked no later than July 31, 1967.

(d)(1) Nooksack Tribe of Indians. All persons born on or prior to and living on October 14, 1966, who establish that they are descendents of members

of the Nooksack Tribe as it existed in 1855 shall be entitled to be enrolled to share in the distribution of the judgment funds awarded the Nooksack Tribe.

(2) Application for enrollment must be filed with the Area Director, Bureau of Indian Affairs, Box 3785, Portland, Oreg. 97208, and must be postmarked no later than October 1, 1967.

(e) Duwamish Tribe of Indians. (1) All persons born on or prior to and living on October 14, 1966, who establish that they are descendents of members of the Duwamish Tribe as it existed in 1855 shall be entitled to be enrolled to share in the distribution of the judgment funds awarded Duwamish Tribe of Indians.

the

(2) Applications for enrollment must be filed with the Area Director, Bureau of Indian Affairs, Box 3785, Portland, Oreg. 97208, and must be postmarked no later than September 1, 1967.

(f) Omaha Tribe of Nebraska. (1) The membership roll of the Omaha Tribe prepared pursuant to the Act of September 14, 1961 (75 Stat. 508), shall be brought up to date by adding the names of children born after September 14, 1961, but on or prior to and living on November 2, 1966, who possess at least one-fourth degree aboriginal Omaha Indian blood. Children who are enrolled with any other tribes shall not be entitled to have their names added to the roll.

(2) Applications for enrollment must be filed with the Area Director, Bureau of Indian Affairs, 820 South Main Street, Aberdeen, S. Dak. 57401, and must be postmarked no later than April 1, 1967.

(g) Quileute Tribe of Indians. (1) Applicants for enrollment on the base roll of the Quileute Tribe to be prepared by the Secretary with the assistance of the tribal governing body must establish that they were born on or prior to and living on December 31, 1940. Upon approval of the base roll by the Secretary and the tribal governing body it shall become the basic membership roll of the tribe for all purposes, notwithstanding the provi