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(c) Accessibility to children. Persons to serve as surrogates should be selected from the same region or district in which the child resides.

(d) Procedures for Assigning Surrogates. Assignment of a surrogate to a particular child shall be made within 15 days of the child's eligibility determination according to the following procedures:

(1) Any person whose work involves education or treatment of children who knows of a child possibly needing special education services and knows that the parents or guardians are not known, unavailable, or that the child is a ward of the State should file a request for assignment of a surrogate to the child with the child's LEA.

(2) In an effort to determine whether or not the parents or guardians are in fact unkown, unavailable, or that the child is a ward of the state. the LEA will send a notice of the need for a surrogate to the adult in charge of the child's place of residence and to the parents or guardians at their last known address.

(3) The LEA will confer with the local unit of the State Division of Family Services or similar agency in determining whether or not the parents or guardians are unkown, unavailable, or the child is a ward of the State. This determination will be completed within a reasonable time. If it is determined that there is a need for a surrogate, such assignment will be completed within 15 days.

C. Procedural Safeguards-A Least Restrictive Alternative.—Following are the procedures to insure that to the maximum extent appropriate, handicapped children, including children in public or private institutions or other treatment facilities, are educated with children who are not handicapped, and that special classes, separate schooling, or other removal of handicapped children from the regular education environment occurs only when the nature or severity of the handicap is such that education in regular classes with the use of supplementary aids and services cannot be achieved satisfactorily.

Statement of Philosophy.-The BIA maintains the overarching philosophy of providing an appropriate education for each handicapped Indian child. To the extent possible by the circumstance in each case it will insure that such a goal is met by requiring a specified program of instruction. It will emphasize the provision of said instruction of handicapped children within the context of the regular classroom where possible and where not possible, written justification must preceed the partial or full-time removal of a child from that context for instruction. Such justification should include projected timeliness for the return of the child to the regular program of instruction.

4. Question. How are monies under ESEA, Title VI-B, Title I, and Title III utilized to provide special education and related services for handicapped children?

Answer. Title VI-B funds are dispersed through a grant proposal process. Area offices and/or individual BIA schools submit a grant proposal document responsive to Title VI-B requirements for review and approval or disapproval. The review process is conducted by a Title VI committee. Based on the committee's review judgements, projects are awarded funding for the programs proposal. Because of the limited funds under Title VI-B, $240,000–74, $970,000-75 and $360,000–76 (projected), and because the funds are not to be used for multiple year funding, the proposals are submitted in open competition for funds.

As part of the funding procedures, the central office retains the responsibility for monitoring of Title VI-B projects and for the provision of technical assist ance. For these activities, the Central Office establishes an administrative budget from Title VI-B.

5. Question. What is the amount of the total special education budget within BIA?

Answer. At the present time general funds which are encumbered from general education funds are in the form of in-kind contributions (facilities equipment). Until a congressional allocation to allow such general funding on a continuing basis, the maintaining of special education cannot be carried out. The Title monies for special education do not provide for maintaining special education as a part of the general curricula.

6. Question. Please describe the activities, locations and resource commitments of the BIA regarding services and programs for Native American talented and gifted students.

Answer. Three years ago the Bureau operated three special programs for gifted Indian children at three separate schools on the Navajo Reservation. These were

largely generated by the individual teachers and funded with Title I funds. Since the Bureau was informed that this was a misapplication of Title I funds, these programs were discontinued and there are none at this time.

The Division of Continuing Education has been in constant contact with the USOE Office of Gifted and Talented in an effort to obtain support for its efforts in this area of endeavor. Unfortunately, USOE has had no program funds with which to provide support of a financial nature.

The Division of Continuing Education has had representation at USOE sponsored conferences on education for the gifted and talented.

One problem that constantly reoccurs is the omission of the BIA from the terminology of proposed legislation on this subject. A recent example of this was H.R. 5013, "Title VIII Gifted and Talented Educational Assistance," a bill submitted by Mr. Helstoski on March 17, 1975. We have asked that the Bill be amended to include the BIA.

The Division of Continuing Education has also responded to the USOE proposed rules published in the Federal Register of July 22, 1975, requesting that the BIA be granted quasi Statehood status relative to the administration of the program for the Education of the Gifted and Talented.

If the BIA should be successful in its quest for categorical funding for special education, most certainly a line item should be included for service to the gifted and talented.

VOCATIONAL EDUCATION

1. Send any explanation you have on BIA's vocational education programs relating to BIA secondary schools.

The BIA has never been included in USOE funding for vocational education for secondary schools. Consequently, there have been no funds available for the BIA Central Office to promote vocational education programs since all program funds are allotted to the Areas under the Bureau's Self-determination Program. However, minimal vocational education programming is in operation at some BIA secondary schools.

2. What is BIA's relationship with the States relating to vocational education. Is there any communication between BIA and the States for joint operation of Vocational schools (using Vocational Education Act and BIA funding)? Is there communication with the Bureau of Occupational and Adult Education within the Office of Education in Washington to receive technical assistance in working through the States to receive such OE monies for vocational training? Inasmuch as the Bureau of Indian Affairs has so far been excluded by omission from the terminology of the Vocational Education Acts of 1963 and 1968, there has been no joint operation of vocational schools.

In addition, there has been no joint relationship between the BIA and the Department of Labor programs under the Comprehensive Employment and Training Act (CETA).

The Bureau is working to change this situation of exclusion and will continue to work to be included through amendments to the law or at least reach a written agreement of cooperation between the various programs dealing with Vocational education.

HIGHER EDUCATION ASSISTANCE PROGRAM

1. Question. What problems does the BIA perceive in the administration of the Higher Education Assistance Program? Are late awards to students a problem in recent years?

Answer. Limited funding in terms of a "no increase" BIA budget will definitely cause problems in adequately funding students. College costs are predicted to rise 5-8 percent in school year 1975-76. Field scholarship officers will face the choices of reduced funding or funding fewer applicants. (A substantial waiting list has been carried over from last year.)

Lack of clarity on proposed regulations governing packaging BIA grants with the U.S. Office of Education funding programs. The proposed regulations are still in the proposed stages and no immediate publishing of final regulations appears to be in the offing. Financial aid officers are free to interpret the proposed regulations as they wish in the absence of final regulations with some continuing practices which are detrimental to the welfare of Native American students. The SEOG program offers a maximum of $1,500 per year per student for those who qualify.

62-746-76- -8

Lack of Indian Counselors. The lack of Indian counselors at the college level continues to be a major problem in assisting Native American students a their higher education plans. Only a few of such positions are at the colleg level and some of these are being curtailed due to budgetary limitations.

Yes, students applying late are often deprived of financial assistance available from the institution or given less desirable types of aid, such as loans. This results in the Bureau having to pay a greater share of financial aid packages. One of the reasons for late awards is the lack of information about financial programs: particularly new programs, such as BEOG and SEOG; the availability of forms and assistance to complete the forms necessary to take advantage of the programs 2. Question. How many BIA personnel were involved in administering this program in Fiscal Year 1975 in the Washington Central Office; Albuquerque Central Office; and, each of the 12 Area Offices?

Answer:

Washington Central Office

Albuquerque Central Office____.
Area Offices___

1 Includes tribal contract personnel and some part-time employees.

3. Question. What BIA internal or contracted studies or evaluations have been done in the last ten years concerning the BIA higher education component? (List title, author, date and publisher.)

Answer. The American Indian High School Dropout, Northwest Regional Educational Laboratory, September 1968.

The American Indian High School Dropout in the Southwest, by Charles S. Owens and Willard P. Bass, January 1969, Southwestern Cooperative Educational Laboratory Inc.

The American Indian High School Graduate in the Southwest, by Willard P. Bass, Southwestern Cooperative Educational Laboratory, Inc., July 1969. Higher Education Evaluation, Student Characteristics and Opinions, Bureau of Indian Affairs, Division of Evaluation and Program Review. Dr. Thomas R. Hopkins and Dr. Eugene Leitka, June 1973.

Higher Education Evaluation, Analysis and Comparison of Evaluative Data (Companion documents to Higher Education Evaluation, Student Characteristics and Opinions), Bureau of Indian Affairs, Division of Program Review and Evaluation, Marie Munson, December 1973.

Th American Indian Graduate, After High School, What? by Alphonse D. Selinger, and Edward C. Johnson, Northwest Regional Educational Laboratory, November 1968.

Statistics Sheet showing program graduates; dropouts; total number assisted and annual budgets from 1965-75, Bureau of Indian Affairs, Division of Continuing Education, 1975.

NATIONAL ADVISORY COUNCIL ON INDIAN EDUCATION

Do you think the National Advisory Council on Indian Education should be allowed to exercise the function of evaluating programs administered not only by the Office of Indian Education, but to add, as well, oversight responsibilities for evaluating education programs for Indians administered by the Office of Education as well as the Bureau of Indian Affairs?

The Bureau of Indian Affairs deals directly with legally constituted Indian Tribal Governments throughout the United States. When Tribal Evaluation of Education is called for, it is related to the respective Tribal Governments. Therefore, the local Tribal Governments which represent the Tribes to which the BIA must relate, are the groups who exercise the evaluation function.

The Bureau of Indian Affairs has experimented with a National Advisory Committee on Education and found that there were continuous conflicts with local Tribes. When the National Advisory Group was dropped, the conflicts ended. To recognize a National Group in Education would again establish a continuous set of conflicts between National and local Indians. Educationally, there is sound reason for localizing Indian responsibility as the American Edocation System is by law assigned to States and, ultimately, communities. Estab lishing a national body in effect is contrary to the American Education System and, regarding BIA Education, does not work to the benefit of the Indian child.

CONGRESS OF THE UNITED STATES,

HOUSE OF REPRESENTATIVES,
COMMITTEE ON EDUCATION AND LABOR,

SUBCOMMITTEE ON ELEMENTARY, SECONDARY AND VOCATIONAL EDUCATION, Washington, D.C., October 22, 1975.

Mr. MORRIS THOMPSON,

Commissioner, Bureau of Indian Affairs, U.S. Department of Interior,

Washington, D.C.

DEAR MR. THOMPSON: Thank you very much for sending us your responses to our joint letter of July 31, 1975, concerning the administration of Indian education programs by the Bureau of Indian Affairs. After reviewing your responses, we have decided that we would like you to provide further information concerning the administration of those programs.

We would be interested in answers to the following questions which are numbered to accord with the original questions we sent to you in our letter of July 31st.

GENERAL QUESTIONS

(1) We notice that in response to our first question you stated that there are 20 positions in the central office in Washington and 45 in the central office in Albuquerque. Could you delineate more clearly than you have in your answer so far, the respective responsibilities of the people in the Washington central office and those in the Albuquerque central office? Could you also explain how $3,839,466 was expended through the Washington central office, and $1,777,654 through the Albuquerque central office (data from your response to question #2)? What type of expenditures were these? Were they contracts or grants? And if so, under what authorities and for what purposes?

In response to our question subsection (c) of #1, you provided data showing the number of BIA personnel in non-education positions but paid with education funds, but you did not explain why these individuals were paid from education funds. Could you please provide a response to us for each one of the individuals? (3) In response to our question #3, you provided us with a list of evaluations of BIA programs. Could you please send us copies of the following evaluations which you have listed: (a) An Analysis of Academic Achievement of Indian High School Students in Federal and Public High Schools; (b) A Teacher Mobility and Retention Study; (c) Results of the Test of Proficiency in English as a Second Language in Grades 4, 5, and 6 of BIA Schools, School Year 1971-72; (d) An Evaluation of the Johnson O'Malley Program; (e) A Public School Survey of Construction Aid Needs Related to the Education of Reservation Indian Children; and (f) Teacher Characteristics and Turn-over Survey.

(4) In response to our question #4, regarding needs assessment, you provided us with copies of a 1972 BIA publication on needs assessment. Could you please supply us with the latest information from BIA on needs assessment? In particular where is it being carried out, and give us an example of the program explained in detail.

You state that “BIA policy for many, many years has been to base instruction on individual needs of the child." Could you send us material which would help us understand how this policy is carried out within the BIA schools?

(5) In response to our question #5 concerning BIA policy on the definition of "Indian", you gave us a detailed history of Federal practice dealing with the definition of "Indian". Is it our understanding from your response that you limit participation in BIA funded programs for education to children who have onefourth Indian blood from Indians who are members of groups "towards which the Federal Government has assumed special responsibilities", that is Indians from tribes which are federally recognized?

BIA-OPERATED BOARDING AND DAY SCHOOLS

(1) In response to our question concerning BIA policy on boarding schools, you stated that "the off-reservation boarding school enrolls adolescent youth who have special personal, social, educational, or family needs". You also stated that boarding schools operated on reservations will continue to do so until all-weather roads are available. Could you please us with the number of on-reservation boarding schools you are operating for fiscal year 1976 as compared to fiscal year 1973 and the number of off-reservation boarding schools you are operating for fiscal year 1976 as compared to fiscal year 1973?

(3) (a)-(b) In response to our question regarding supplemental staff in BIA boarding schools, you provided us with the total number of such staff in each school. Could you please provide us with a breakdown of how many of these staf in each school deal with Office of Education title programs, vocational education. compensatory education, bilingual and bicultural education, and administration? In response to the same question concerning the costs of operating boarding schools, you provided us with total aggregate costs. Could you provide us with a breakdown of these total aggregate costs by (a) instructional costs, (b) administrative salaries, (c) curriculum development, (d) maintenance costs, and (a) other similar categories? Also, please give us the costs per student in each school In response to the same question concerning travel to school, you stated that BIA policy was that no elementary school child should be required to walk a distance greater than a mile, and no high school student should be required to walk a distance greater than 11⁄2 miles. You also stated that no elementary school student should be required to ride the bus more than one hour and no high school student should be required to ride a bus more than one and a half hours. Could you please provide us with the number of children whom you are responsible for whose travel time exceeds these limits, and could you tell us what percentage of the total number of children these are?

JOHNSON O'MALLEY

Regarding several of your answers to questions on the Johnson-O'Malley Act, will you give us a more complete breakdown of your method of operation in carrying out the monitoring of JOM programs?

VOCATIONAL EDUCATION

In response to our questions regarding vocational education, you stated that the BIA has never been included in USOE funding for vocational education and that as a consequence there are not many vocational education programs funded in BIA schools. Although your statement is correct regarding USOE, we would like to know why the BIA does not fund high school vocational education progroms in all BIA schools from its own fund sources?

We appreciate your cooperation in providing us with answers to the questions in our letter of July 31st, and we look forward to receiving your responses to these additional questions.

Thank you.
Sincerely,

Hon. CARL D. PERKINS,

CARL D. PERKINS,
ALBERT H. QUIE,
LLOYD MEEDS,

UNITED STAtes DepartmENT OF THE INTERIOR,
BUREAU OF INDIAN AFFAIRS.
Washington, D.C., February 17, 1976.

Chairman, Committee on Education and Labor, House of Representatives, Washington, D.C.

DEAR MR. CHAIRMAN: In response to your October 22, 1975 request, we are enclosing answers to your questions. We are unable to provide the answer to Question #3 (a)-(b) at this time, therefore, a response will be coming at a later date. Please accept our apologies for the lateness of our response. We hope this will provide the information you need.

Sincerely yours,

MORRIS THOMPSON. Commissioner of Indian Affairs

GENERAL QUESTIONS

Question No. 1. We notice that in response to our first question you stated that there are 20 positions in the Central Office in Washington and 45 in the Central Office in Albuquerque. Could you delineate more clearly than you have in your answer so far, the respective responsibilities of the people in the Washington Central Office and those in the Albuquerque Central Office? Could you also

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