POSITION STATEMENT ON PROPOSED REGULATIONS FOR PUBLIC LAW 93-638 Pursuant to the legislative intent expressed in the language contained thể Indian Self-Determination and Education Assistance Act (Public Law 93-638'; 88 Stat. 2203), the Education Committee of the Rosebud Sioux Tribe strongly."! ports incorporation of the following recommendations regarding the regulations proposed for 25 CFR, Chapter 1, Subchapter Y, Part 403.--Education Contracts 1. Sec. 403.2(n) states that a "previously private school" must be controlled, A sanctioned or chartered by the Tribal governing body. Further, where a former mission school is involved, the title to the school facility and the land on which it is situated must have been transferred to an Indian tribe for operation as a non-sectarian school. a. OBJECTION: Regarding title transfer, the proposed regulations lack an RECOMMENDATION: Give Indian people an option, eliminating unnecessary constraints which prevent some Indian children from receiving educational. benefits provided by the Act. Revise the regulations to read "Where a former mission school is involved, the title to the school facility and the land on which it is situated must have been transferred to an Indian tribe or tribal organization for operation as a non-sectarian school." 2. Sec. 403.2(u) states "That in any case where a contract is let to an organization to perform services benefiting more than one Indian tribe, the approval of each such Indian tribe shall be prerequisite to the letting of such contract." a. OBJECTION: In many cases, an organization attempting to provide natives and fifteen are lavajo, the ormization would be required to b. RECOMENDATION: Revise the remulation to exempt an organization from 3. Sec. 403.11 (c,3) provita tent the Burenu will contract with a State, 'school district, or Indian corporation for supplemental programs or operational support if a tribal organization rat recedes a contract. a. OBJECTION: Ne provision is made for tribal input as to which of the eligible entities (Pate, schod district, or Inding corporation) will contract with the Bureau in the case t retrocession by a tribal organization. b. RECOMMENDATION: Chure relation to provide Indian tribes with the power to decide which of the ei,it entities hall receive the contract retroceded by the tribal orar ist in Provided, that the decision is made within 30 days f the date of tification of the Bureau by the tribal organization of the intent to retrored. 4. Sec. 403.15 (a) provides that, when a loen! school board is composed of a majority of Indians, that rehool board will serve in place of an Indian Education a. OBJECTION: In order to be eligible for election to an Indian Education an rdian tribe. Under the proposed regulations a five-member school board, in which three members are each of 1/16 Indian blood and none c the mentors are parents of eligible Indian children, would be required by regulation to serve in place of an Indian Education Committee, & deplorable prospect which only servies to defeat the intent of the Act. b. RECOMENDATION: change the relations to include the definition of a school board composed of a majority of Indians as being a school board in which the majority of members are parents (or stand in loco parentis) of an Indian child of 1/4 or more Indian blood enrolled in the school(s) affected by the contract(s). a1 OBJFSTION: Sec. 463.15(a) states unequivocally that, in the case or a school board composed of " majority of Indians, that school board will serve in place of an Indian Education Committee. Sec. 403.16(c) states that said chool board hall have the powers and duties of the Indian Education Committee. Inne fatal stroke, all existing Indien Johnson O'Malley representative bodies in that school district are beheuicd. There are Johnson O'Malley Indian Education Committees functioning in these district which will be rendered invalid regardless of demonstrated excellence and erodibility in representing parents of Intian children. May of these committees have mentership requirements which re idention to the proposed regulations regarding Indian Education Committee membership. Morcover, state law provider that there can be orly one school board And finally, if the emphasis is on recognizing the tribal governing b. RECO'S ENDATION: Give Indian people a choice. Modify Sec. 403.15 to provide that, in the case of a local school board composed of a majority 5. of parent of eligible Indian children enrolled in the school(s) Sec. 403.15 (b,1) states that an Indian Education Committee is to be clccted from among the parents of eligible Indian students enrolled in the school1⁄2 affected by the contract(s). a. OBJECTION: Ne rr vision te male reparling who is eligible to vote fee Indian Education Comittee mesters. b. RECOMMENDATICI: Revize the regulations to state that an Trois Fuucrulon Committee is to be electe! by art from am or the parents of eligible in 1.1 students enrolled in the geloci(s) affected by the contract(). a. OBJECTION: There are now, and will continue to be, individuals to do b. RECOMMENDATION: Rodify the prorored regulation to provide that 25% 6. Section. 403.13 (h,1,TV) states that, in order for a public school district to be eligible to receive finds for operational support, there must is at least 75 percent eligible Indian enrollment within the school district or thin any particular school served. The Commissioner may waive the require... ་ at the request of the tribe(s) and Indian Education Committee(s) if there is at least 51% eligible Indian enrollment within the school district or within any particular school served. a. OBJECTION: Previous regulations governing eligibility for operational support required 70% eligible Indian enrollment and no minimum eligible. Indian enrollment percentage figure for waiver eligibility. This Committee can conceive of no rational explanation for the proposed changes and is totally unfamiliar with the rationale leading to the proposed regulations, in question. b. RECOMMENDATION: Revise the regulations to include the original 70 percent eligible Indian enrollment for eligibility for operational support. Strike the 51 percent. minimum eligible Indian enrollment for waiver eligi-. bility, and allow the Commissioner to decide each request for waiver on the basis of individual merit. |