DOCUMENT RESUME

ED 137 022 RC 009 800

TITLE 1976-1977 Arizona Johnson-O'Malley State Educational .

Plan, Pursuant to P.L. 93-638 and ARS 15-1161.INSTITUTION Arizona Indian Education Association, Phoenix.;

Arizona State Dept. of Public Instruction, Phoenix,Div. of Indian Education.

PUB DATE [76]NOTE 39p.; For related document, see RC 009 801

EDRS PRICE 8F-S0.83 HC-$2.06 Plus Postage.DRSCRIPTORS Administration; Advisory Committees; *American

Indians; Community Involvement; Definitions;*Educational Objectives; Educational Philosophy;Educational Policy; Educational Programs; *FederalLegislation; Guides; Self Actualization; SpecialServices; *Specifi !ations; State Boards of Education;*State Legislation

IDENTIFIERS *Arizona; Arizona Indian Education Association;*Indian Self Petermination Education Assistnace Act;Johnson 0 Malley Act

ABSTRACTPrepared by the Arizona Indian Education Association,

this publication constitutes Arizona's 1976-77 Johnson-O'Malley StateEducational Plan as stipulated by Public Law 93-638 (Indian SelfDetermination lnd Education Assistance Act) and Arizona RevisedStatutes 15-1161. Indicating the corresponding regulation number inthe margin, this publication is presented in outline form as follows:(I) Narrative; (II) Philosophy and Purpose; (III) Goals; (IV)Policies; (V) Parental Participation; (VI) Programs and Services(Supplemental, Operational Support, and Special Services); (VII)Administration and Management; (VIII) General Provisions; (IX)Arizona Indian Education Association; (X) Definitions; (XI)Appendices (Constitution and Bylaws of the Arizona Indian EducationAssociation State of Arizona). Developed in joint sessions viahearings and individual, tribal, and parental input, the Plan isdesigned for compliance with applicable Federal, state, and local

-- laws to assure greater uniformity and cooperation among all schooldistricts of the State of Arizona, the Arizona State Board ofEducation, Bureau of Indian Affairs, and each Indian tribe and IndianEducation Committee within the State of Arizona. To the extentpractical, the Plan is to be utilized to supplement educationalprograms for eligible Indian children and, where approved, for IndianYouth being served by other Indian educational programs or programscreated for the benefit of Indian youth. (JC)

Documents acquired by ERIC include many informal unpublished materials not available from other sources. ERIC makes everyeffort to obtain the best copy avaibble. Nevertheless, items of marginal reproducibility are often encountered and this affects thequality of the microfiche and hardcopy reproductions ERIC makes available via the ERIC Document Reproduction Service (EDRS).EDRS is not responsible for the quality of the originai document. Reproductions supplied by EDRS are the best that can be made fromthe original.

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MAR 1977

141\ 1976-1977

LUC:I

U 5 OEPARTMENT OF HEALTH.EDUCATION ;WELFARENATIONAL INSTITUTE OF

EOUCATION

11415 00CuMENT HAS BEEN REPRO-DuCE 0 EXACTLY AS RECEIVED FROM

THE PERSON OR ORGANIZATION OR!OINNG It POINTS OF VIEW OR OPINIONS

STATED 00 NOT NECESSARILY REPRE-

SENT OFFICIAL NATIONAL INSTITUTE OF

EOLJCATION POSITION OR POL,CY

ARIZONA

JohnsonO'Malley State Educational Plan

Pursuant to P.L. 93-638and

ARS 15-1161

Prepared by:

Arizona Indian Education Association

Mr. Wesley Bonito, President

and

Arizona Department of Education

Division of IndiadEducation

1535 West Jefferson Street

Phoenix, Arizona 85007

602-271-4391

Carolyn Warner, Superintendent

EN 7 6 3

2

II

0

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PREFACE

The Arizona Department of Education, Division of Indian Education, in recognition of theresponsibilities to serve all Indian youth in pursuit of educational and personal awarenesshas had the privilege of assisting in the development of the 1976-1977 ArizonaJohnsonO'Malley State Educational Plan.

The recognition of this effort extends to many outstanding and gifted individuals serving inoil capacities of life for and on behalf of their children. The need was established, and ourpurpose and task is to serve our youth with all the resources and energies available throughthe present and future Indian leaderships.

The success of each program hereafter can be assured by the sound and dedicatedinstruction of parents built upon the traditions and sovereignities of our Indian ancestry.

1Ve are in extreme appreciation of the meaningful guidance and foresight shared with thestaff of the Division of Indian Education by the Arizona Tribal Leadership; the ArizonaIndian Education Association; the Arizona State Board of Education; the Phoenix AreaOffice Bureau of Indian Affairs; Mrs. Carolyn Warner, Superintendent of PublicInstruction; the Indian Education Committees; and above all, our Indian youth.

I am proud and honored to extend a special appreciation to the Division of IndianEducation staff Gay Law'ence, Lorene McIntyre, Lucy Pete, and Connie Gutierrez foradding their talents and sincerity in creating an opportunity for excellence. I have beenindeed fortunate to have had the opportunity to serve and share with so many wonderfulpeople the intents of the following Plan. Thank you one and all!

,3

TERRY LEONARD

: #

ARIZONA DEPARTMENT OF EDUCATION

General OperationsServices

Mr. Jim BrunsteinAsso ciat e Superintendent

Carolyn Warner, Superintendent

Dr. Jim Hartgraves, Deputy Superintendent

Career, Vocational Business and FinancialEducation Services Servicez

Mr. Bill Anderson Mr. John GeorgeAssociate Superintendent Associate Superintendent

010

General EducationServices

Dr. Mary Jo LivixAssociate Superintendent

ARIZONA STATE BOARD OF EDUCATION

Mr. Stephen S. Jenkins, Jr President

Mrs. Amy T. Worthen Vice President

Mrs. Carolyn Warner Executive Officer and Secretary

Mr. 0. B. Joy Member

Mr. Leon H. Maehling Member

Mr. J. Ben Picone Member

Mrs. Merle Platt Member

Dr. John W. Schwada Member

Mrs. Miriam Sorey MemberDIVISION OF INDIAN EDUCATION

Terrance F. Leonard, DirectorGay Lawrence, Education Specialist

Lorene McIntyre, Administrative AssistantLucy Pete, Clerical

Connie Gutierrez, Clerical

4

: *

ARIZONA INDIAN EDUCATION ASSOCIATION1976-1977 MEMBERSHIP

ARS 15-102.4, § 273.15, § 273.17, § 273.20(b)

AKCHIN: Wilbert J. Carlyle, Chr.AkChin Tribal CouncilRoute 1 Box 12Maricopa, Arizona 85239Telephone: 568-2379 or 568-2362

CAMP VERDE: Vera Brown Starr, Chr.YavapaiApache Indian CommunityClarkdale, Arizona 86324Telephone: 567-3649

COCOPAH: Robert Sam Barley, Chr.Cocopah Tribal CouncilBin GSomerton, Arizona 85350Telephone: 627-2102

COLORADO RIVER: Anthony Drennan, Sr., Gov.Colorado River Indian TribesRoute 1 Box 23-BParker, Arizona 85344Telephone: 669-9211

FORT APACHE: Ronnie Lupe, Chr.White Mountain Apache Tribal CouncilP.O. Box 708Whiteriver, Arizona 85941Telephone: 3384371

FORT McDOWELL: Clinton M. Pattea, Chr.MohaveApache Tribal CouncilP.O. Box 244Fountain Efills, Arizona 85268Telephone: 837,9831

FORT MOJAVE: Llewellyn Barrackman, Chr.Fort Mojave Tribal CouncilP.O. Box 798Needles, California 92363Telephone: 714-326-3844

FORT YUMA: Fritz BrownQuechan Tribal CouncilP.O. Box 1169Yuma, Arizona 85364Telephone: 714-572-0023 or 714-572-0328

GILA RIVER: Alexander Lewis, Sr., Gov.Gila River Indian CommunityP.O. Box 97Sacaton, Arizona 85247Telephone: 562-3311 or 963-4323

HAVASUPAI: Clark C. Jack, Jr., Chr.Havasupai Tribal CouncilGeneral DeliverySupai, Arizona 86435Telephone: 448-2961

HOPI: Abbott Sekawuaptewa, Chr.Hopi Tribal CouncilP.O. Box 123Oraibi, Arizona 86039Telephone: 734-2415

HUALAPAI: Earl Havatone, Chr.Hualapai Tribal CouncilP.O. Box 168Peach Springs, Arizona 86434Telephone: 769-2216

KAIBABPAIUTE: Vivienne C. Jake, Chr.KaibabPaiute TribeTribal Affairs BuildingFredonia, Arizona 86022Telephone: 643-5545 or 643-5524

PAPAGO: Cecil Williams, Chr.Papago Taal CouncilP.O. Box 837Sells, Arizona 85634Telephone: 383-2221

PAYSON (TONTO APACHES): Milton CampbellPayson Indian CommunityP.O. Box 184Payson, Arizona 85541

SALT RIVER: Gerald Antone, Chr.Salt River PimaMaricopa Indian

CommunityRoute I, Box 216Scottsdale, Arizona 85256Telephone: 949-7234

SAN CARLOS: Buck Kitcheyan, Chr.San Carlos Apache Tribal CouncilP.O. Box "O'San Carlos, Arizona 85550Telephone: 475-2361

YAVAPAIPRESC'OTT: Patricia McGee, Pres.YavapaiPrescott Indian TribeP.O. Box 348Prescott, Arizona 86301Telephone: 445-8790

"A prospective coi:tractor in consultation with its Indian Education Committee(s) shallformulate an educational plan and submit it to the appropriate Area Director as a part ofthe application to contract required by section 273.20."

iv

5

25 CFR Part 273.14

TABLE OF CONTENTS

Page

I. NARRATIVE 1

II. PHILOSOPHY AND PURPOSE 3

III. GOALS 4

IV. POLICIES 5

V. PARENTAL PARTICIPATION 8

VI. PROGRAMS AND SERVICES 11

A. Supplemental 11

B. Operational Support 14

C. Special Services 20

VII. ADMINISTRATION AND MANAGEMENT 21

VIII. GENERAL PROVISIONS 22

IX. ARIZONA INDIAN EDUCATION ASSOCIATION

X. DEFINITIONS 27

XI. APPENDICES 31

0

1976-1977

ARIZONA JOHNSONO'MALLEY STATE EDUCATIONAL PLAN

I. NARRATIVE

It is the intent of the Arizona Department of Education and theArizona Indian Education Association in the development of the1976-1977 Arizona JohnsonO'Malley State Educational Plan toprovide guidance and opportunities for Indian communities andpublic school districts in assessing local needs for the benefit ofIndian youth.

The 1976-1977 Arizona JohnsonO'Malley State Educational Planprescribes flexibility for local Indian Education Committees todetermine what programs can best meet the special, academic, andcultural needs of their children. This flexibility is essential to thecomprehensive scope and statewide service area to be addressed bythe Plan. It is fully required that each program/project developedunder this Plan shall provide for the maximum participation of thecommunity and youth to be served. Said participation shall beaccomplished through the appropriate Indian EducationCommittee, Indian communities, and the local educational agency.

In support of the above, the Arizona State Board of Education,Mrs. Carolyn Warner, Superintendent of Public Instruction, and theArizona Indian Education Association, have directed the Divisionof Indian. Education to provide the necessary services andassistance for all programs and Indisn youth. The Association hasfurther required.the initiation of planning toward future support ofthe Division by the State of Arizona. The implementation andevaluation of all programs under this plan will be made by thelocal Indian Education Committees, the Arizona Indian EducationAssociation, and the Division of Indian Education.

In general, the JohnsonO'Malley Program in the State of Arizonahas experienced significant changes since 1939 and more so withinthe last three years. The present service area extends to all publicschools and communities within the State of Arizona where Indianyouth are being educationally served. By utilizing applicable statelaws, the Department of Education also provides funding andassistance to Indian tribes and organizations to establish aninvaluable means of cooperation for their Indian youth.

I t shall be understood, that the 1976-1977 ArizonaJohnsonO'Malley State Educational Plan is intended to benefit allIndian children, and that the inherent concept of IndianSelfDetermination will be respected and assured in developing the .

7

25 USC 455ARS 15-1161

§ 273.13§ 273.14

§ 273.20

ARS 15-102

§273.4

local Indian Education Committees toward the implementation ofthat concept. Said assurances on the intent of the Educational Planto provide applicable assistance to parents or students being servedmeets the mandate of the Arizona Indian Education Association to"promote the development of quality education for all Indianchildren, education which fosters individual achievement andacademic excellence, and insures equality of treatment and servicesfor all Indian children."

To the extent practical or feasible, the Educational Plan andprovisions thereof shall be utilized to supplement educationalprograms for eligible Indian children and where approved by theIndian Education Committees for Indian Youth being served byother Indian Educational Programs or programs created for thebenefit of Indian youth. The rights and responsibilities of allparties affected by such programs shall be observed and respectedin the development, implementation, and fmal disposition of allgoals and objectives created under this Plan.

The following 1976-1977 Arizona JohnsonO'Malley StateEducational Plan developed in joint sessions of the signed parties,through hearings and individual, tribal, and parental input wasdesigned for compliance with applicable federal, state, and locallaws to assure greater uuiforrnity and cooperation among all schooldistricts of the State of Arizona, the Arizona State Board ofEducation, Bureau of Indian Affairs, and each Indian tribe andIndian Education Committee within the State of Arizona.

8

2

§ 273.1

H. PHILOSOPHY AND PURPOSE

A. The philosophy of Indian Education in the State ofArizona for the intent and purposes of the 1976-1977Arizona JohnsonO'MalleY State Educational Plan andsuch other programs or services created for the benefit ofIndian children shall be the assurance of quantity and

tea

quality educational opportunities of all

ch

c

enr

and to maintain the cultural integritY of Indian tribesthrough the maximization of parental, tribal,involvement in the develoPment of said opportunities forIndian youth.

B. To provide a comprehensive educational plan for the1976-1977 school year to assure programmatic and fiscalaccountability in (1) supplemental programs and specialservices, (2) parental participation, (3) operationalexpenditures, and (4) administrative management to meetthe specialized and unique educational needs of Indianyou th.

C. To prescribe the procedures by which contract fundsmay be Programmed to eligible public school districtsparticipating in the

johnson"alleyProgranioratianonds

educating eligible Indian children, or, to one or moreArizona Indian tribes under the provisions of theIntergovernmental Agre ement, or Indian corPpursuant to PL. 93-638.

D. To provide and foster the intent of the Congress of theUnited States pursuant to the Indian Self--.Determinationand Education Assistance Act of 1975, P.L. 93-638:

"The Congress declares that a major nationalgoal of the United States is to Provide thequantity and qualitY of educational servicesand opportunities which will Permit Indianchildren to complete and excel in the life areasof their choice, and to achieve the

inself-determination es;rntial to their soecaisaulre ranoci

economic well-being.

E. To provide educational benefits for Indian youth Insupport of the state educational requirements, nr suchother educational programs and services required byfederal or state laws, and to provide training andemployment opportunities for Indian Youth and theaffected Indian communities.

9

3

25 USC 455ARS 15-102

§ 2734

§ 273.13§ 273.18

ARS 15-1161

25 USC 450 aSec. 3(c)

ARIZ. XI,

ARIZ. XI, I

ARS 15-102ARS 15-1141

§ 273.17§ 273.18

A. To increaseotaZIdemic

Programs upon local asseYOtith tIlrhased , the

and culturaldevelopment

:dimanellyt:

knowledge

ouaftnhd

from

of Indian

TO redue" ogtiles Pereennon of I

sIgloPaplsle:n en tary

sohoplanthrougli the specialized programs createdUrlder tills

C T0 ifiCreaSaend 341Clent self-awareness in educationalvicesPr°graras rest able or Planned throughseravailed

sick cial inte larOat.iectS Under this Plan.

I). To increase ent3arental Participation within the localedtleatiorl agd cY through the programs

Dep ruelit of fducation.this van anartsneh other services

inundtheer

E. rcrifide technical assistance and training localIndia% Oucation Cononittees, tribes, school districts,

to

a n d colonlurlities on P.L. 93_638, the IndianSeir_Detelliin.hiaitiotk and Education Assistance Act,Title II ! oanPtL-O'N4aliey),reguwion- 9 t,Nher educational programs

anplicable

berlefitinl' nd ta-t, , Indi

Done

laws andor services

Ecillcatiorl a he ZrTziothrla tilirndlatrEcituhceatiPartment ofAssociation.

B.

ARS 15-102ARS 15-111

ARS 15-1141§ 273.18

ADE 146-005/28

IV. POLICIES

A. T he provisions of the 1976-1977 Arizona ARS 15-1161JohnsonO'Malley State Educational Plan shall be ARS 15-1141executed in accordance with (1) state laws applicable tothe education of all children, (2) secretarial policies, and(3) bona fide contracts pursuant to P.L. 93-638. Thedistribution of contract funds will be made in support ofthe progroIns and services of this Nan to eligibleapplicants pursuant to 25 CFR 273.11 and ARS 11-951.

B. All commitments and distributions of contract funds § 273.16under this Plan are subject to funds being made available § 273.17to the Bureau of Indian Affairs and shall be expended § 273.18for the benefit of eligible Indian children as, approved on ARS 15-1141a project basis with separate fiscal accountability. It shall ARS 15-1161be required that the approved expenditures of the Indian ARS 15-1231Education Committees in the performance of their dutiesunder this Plan shall be for the benefit of eligible Indianchildren

C.

D.

E.

Appropriations authorized under JohnsonO'Malley Actof 1934, as amended, shall supplement, not supplant,state and local funds; use of said funds shall not result ina decrease of state, local, or federal funds, and that suchother sources must be used to 'provide comparableservices to non-Indian and Indian students prior to theuse of JohnsonO'Malley funds; in no instance shallthese funds be used as payment for capital outlay ordebt retirement expenses (except where such capitalcosts are allowable for such equipment necessary forimplementation of the project and/or approved by thePhoen4 Area Office, contracting office, or its authorizedrepresentative).

All applicants shall submit an application or resolution toparticipate in the JohnsonO'Malley Program as providedby this Plan and subject to available funds forsupplementary or operational programs.

Each applicant shall prepare, maintain, and certify theeligible Indian student enrollment to be served. A coPYof such certification, together with the names, tribalaffiliation, age, and grade level of the individual studentsshall be maintained at the local district or tribal office..Alet ter of certification of the total eligible Indianenrollment at the close of the second school month shallbe submitted to the Division of Indian Education.

Awards will be based on the estimated eligible Indianstudent enrollment to be served and may be subject tosuch provisions for adjustment of funds to the actual

5

11

§ 273.34§ 273.41

ARS 15-1161§ 273.20

§ 273.12§ 273.18§ 273.20

number of children being served in the last quarter ofthe school year as determined by the Division of IndianEducation.

F. In the absence of federal regulations, the State Board ofEducation shall determine the puipose and methods ofexpenditure and shall be the chief educational autlorityfor the administration and supervision of the expenditureof federal appropriations.

G. This Plan may be aMended by the mutual consent andapproval of the signed parties as a result of changes ineither state or federal law or regulations applicable toP.L. 73-167 and fmancial aid for public instniction. Anyprogram or project under this Plan may be revised oramended as deemed necessary to carry out the purposesof the program or project. However, no programapproved by the Indian Education Committee shall bealtered from the time of its original approval to the endof the contract period without the written approval ofthe Committee.

H. Arizona Indian tribes and Indian corporations within theadministrative jurisdiction of the Phoenix Area Office,Bureau of Indian Affairs, may participate and receiveassistance or services under the provisions of this Planpursuant to the Intergovernmental Agreement foreducational purposes consistent with requirements ofCFR Part 273 and 41 CFR Part 1.

I. All supplementary programs or projects and applicablesub-contracts or Intergovernmental Agreements shallprovide an opportunitY and consideration for theemployment and training of members of the affectedIndian community. This provision may be waived by thelocal Indian Education Committee, provided that allprograms or projects authorized under this Plan shallutilize the best available talents and resources from theIndian communities; said waiver shall be recorded in theofficial minutes of the affected committee(s).

J. Budgets for operational and supplementary ARS 15-1161programs/projects may be adjusted within the contract § 273.16period to an amount which will be not more than § 273.1810 percent of an increase or decrease within a line item.Adjustments in excess of 10 percent shall be firstapproved by the Indian Education Committee and theDivision of Indian Education.

ARS 15-1141ARS 15-1142

ARS 15-1142§ 273.17

ARS 11-952

25 USC 452§ 273.16§ 237.45

K. Unused funds for operational or supplementalprograms/projects may be carried forward, to thesucceeding fiscal year's program, or as a credit to the

6

12

25 USC 13ARS 15-1141

§ 273.18

subsequent year's progam as approved by the Divisionof Indian Education and upon the written request of theIndian Education Committee; however, all funds notexpended, obligated, or used for the purposes of thisPlan, or, unlawfully expended shall be returned to theDivision of Indian Education.

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7

V. PARENTAL PARTICIPATION

A. All supplementary programs shall require theestablishment of a local Indian Education Corilmitteecomposed of parents of Indian children being served,where applicable, Indian high school students, andexercise all authorities granted thereto by the IndianSelfDeterminat:on and Education Assistance ActP.L. 93-638. Said Committee aiall be nominated orselected, and served by procedures determined by theIndian community affe :ted or as delineated in theconstitution and bylaws of each committee. All proposesshall require the ma.stimum and continuing parentalparticipation in the planning, development, approval ordisapproval, and implementation of all programsestablished under this Plan. All amendments to programspursuant to this Plan shall require the prior approval ofthe appropriate Indian Education Committee.

B. Where a local schoo board is NOT COMPOSED of amajority of Indian people, the parents o: Indian childrenenrolled shall establish a local Indian EducationCommittee from their members and shall have suchauthorities granted thereto by 25 CFR Part 273.16 andin further compliance with such federal, state, and locallaws or regulations applicable to federal assistance foreducational purposes.

C. Whenever a local Indian Committee or Committeesestablished pursuant to Section 305 of lie Act ofJune 23, 1972 (Title IV P.L. 92-318) oi an IndianAdvisory School Board(s) established pursuant toP.L. 93-638, January 4, 1975, exists in such schooldistrict, or Indian community, such committee or boardmay, in the discretion of the affectr-: district or tribalgoverning body or bodies, be utilized as the IndianEducation Committee.

2S USC 456§ 273.15

2S UsC 456

2S USC 456

D. For purposes of this Plan, where the elected public ARS 15-1142school boards of trustees are composed of a MAJORITY ARS 15_1161of Indian people, said board may serve as the localIndian Education Committee, provided that such shallnot limit the continuing participation of parents ofIndian children being served and members of the IndianCommittee affected. In such instances, the elected publicschool board of trustees shall establish a subcommitteefor supplementary programs to be composed of parentSof children being served, and exercise such duties andfunctions consistent with the recipient agency.

E. Where funds are distributed in an Arizona Indian Tribepursuant to an Intergovernmental Agreement, or, to an

8

14

25 USC 458ARS 11-952

Indian corporation pursuant to this Plan, theestablishment of an Indian Education Committee shall berequired and consistent with such administrative/fiscalpolicies and procedures determined by the tribalgoverning body or bodies.

F. Whenever an Indian Education Committee, establishedunder the provisions of this Plan is confronted by animpasse on program negotiation or implementation or isconstrained in the exercise of its duties, the Division ofIndian Education and the duly authorized representativeof the Secretary of Interior may be requested to mediatesuch proceedings and shall offer recommendations in thebest interest of the students being served.

G. The Indian Education Committee(s) may recommend tothe Commissioner of Indian Affairs and/or the StateBoard of Education through the appropriate Bureaucontracting officer's representative cancellation orsuspension of a contract(s) or project(s) which containsthe program(s) approved by the Indian EducationCommittee if the applicant fails to permit suchCommittee to exercise its powers and duties as specifiedby 25 CFR Part 273.16. Where funds are distributed toArizona Indian tribes or Indian corporations pursuant tothis Plan, such recommendations may be made throughappropriate governing body or bodies.

H. Each Indian Education Committee established under thisPlan may establish an executive panel from its members,as needed, to hear grievances, comments,recommendations, or such other presentations inrelationship to the program or services created under thisPlan, or as delineated in each committee's constitutionand bylaws for such purposes. Said panel may conductits hearings in executive sessions, provided, that adequateadvance notice is presented to the affected parties.

I. Indian Education Committees shall establish criteria andprocedures for interviewing applicants for any positioncreated under the provisions of this Plan, provided, thatany recommendations for employment shall be consistentwith the recipient agency (applicant) and that the basisof qualifications for any position should be established inthe position description pursuant to the degree ofprofessional requirement and program need. The affectedpublic school board of trustees or governing bodies shallnot delegate away their authority as the prime applicantin receipt and fiscal disposition of federal appropriationsfor educational purposes.

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9

§ 273.36

§ 273.18

§ 273.16

§ 273.15§ 273.16§ 273.18

5 273.16

J. All school districts receiving funds under this Plan mayprovide members of the Indian Education Committeeaccess to non-confidential records concerning studentsserved by the JohnsonO'Malley program, provided, thatwritten approvals shall be given by the parents orguardians of students being served in compliance withthe Freedom of Information, Invasion of PersonalPrivacy Acts, and Protection of the Rights and Privacy ofParents and Students (5 USC 552 P.L. 93-502,88 STAT. 1561; P.L. 93-380, 88 STAT. 574).

16

10

ARS 15-151§ 273.49§ 273.54

VI. PROGRAMS AND SERVICES

A. SUPPLEMENTAL

1. Supplementary programs or projects are those whichshall be designed to meet the special and uniqueeducational needs of eligible Indian children, from3 years old through grades 12, and to create andenhance educational opportunities as provided bythis Plan in compliance with applicable federal,state, and local laws and regulations, or, such otherprograms or projects designed to increaseproficiency in an educational standard orrequirement. Funds for supplemental prcgrams shallbe mcpended by line item for lawful purposesauthorized by the Indian Education Committee(s)and may be used to supplement other educationalprograms, provided, that such shall neither supplantnor be used proportionally unless approved by theDivbion of Indian Education upon the writtenrequest of the Indian Education Committee.

2. Supplementary funds may be awarded to an eligibleapplicant in the foilowing manner, further subjectto available funds:

§ 273.1§ 273.2(t)

§ 273.31

based entirely on the approved supplemental ARS 15-1142program or project submitted by an applicantand designed to meet the special needs of allor a portion of the eligible Indian studentenrollment; or,

per capita payments based on the state averageper pupil expenditure factor times the numberof eligible Indian students enrolled at the closeof the second school month when sufficientfunds are allocated to the Area Office (BIA);or,

per capita payments based on the productobtained from the division of the totalavailable funds by the number of eligibleIndian students enrolled at the close of thesecond school month times the factor forelementary and high school students or suchother factors as are mutually determined bythe signing parties.

3. To receive fundings, a supplementary progam orproject proposal shall establish the following:

a. Eligible Indian Studentsb. Indian Education Committee (assurances)

1 I

17

§ 273.31

§ 273.18

c. Budget (line items)d. Needs Assessmente. Goalsf. Objectivesg. Activitiesh. Evaluationi. Monitoring Systemj. Calendar of Eventsk. Dissemination1. IEC Constitution and Bylaws

4. Supplementary program/project expenditures mayinclude the following: (a) personal salaries, fringebenefits, bus drivers, and specialists;(b) transportation (field trips) for out of classroomactivities for cultural enrichment or special events;(c) Indian cultural or heritage studies; (d) IndianEducation Committee expenses in performance ofduties; (e) conference, workshop, and seminar feesincurred by Indian students, the Indian EducationCommittee, or program personnel; (f) specialservices or equipment for physically handicappedand mentally retarded children; (g) text or referencebooks necessitated by the programs or projects;(h) training costs by the Indian EducationCommittee or progam personnel; (i) consultant feesnecessitated by the program or project whichbenefits shall nsult in proficiency or effectivenessof goals and objectives; (j) equipment and suppliesdirectly related to the program or project to benefiteligible Indian students being served; i.e., bandinstruments, arts and crafts items, etc; (k) summerschool or special interest summer programs(educationally measurable) or summer work/studyprograms; (1) rental or lease of equipment necessaryto implement project; (m) parental costs.

5. Parental costs shall be expenditures for eniergencyand/or unusual circumstances to benefit all or aportion of the eligible Indian students as approvedby the local Indian Education Committee pursuantto such criterion developed for this purpose andapplied uniformly in support of supplementaryprograms/projects which may include the following;however, G.E.D. or livestock expenditures areprohibited:

a. Activity and Other Related Fees

b. High School Text Books

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§ 273.16§ 273.17§ 273.18§ 273.34§ 273.37§ 273.38

§ 273.2(t)§ 273.16§ 273.34

c. Special School Supplies (home economics,industrial arts, agOculture, lab, etc.)

d. Physical Education (uniforms and shoes)

e. ;:yrdividual A thief c Equipment

f. Personal Clothing

g. Yearbooks

h. Graduation Expenditures

i. Student Travel

j. School Lunches (emergency situations only)

k. Other individual emergency needs which shallenable the student to continue class attendance(to be approved by the Division of IndianEducation).

6. Program expenditures inay sur plement theinstructional and 6upportive services identMed underthe provisions of the Indian Education Act of 1972(Title IV, P.L. 92-318), provided, that suchexpenditures will not supplant any funds under suchAct, and that such programs are in addition to orcomplementary to the basic educational programsoffered by the affected school district or Indiantribe(s).

7. Supplemental programs may be operated onpremises within or without tht Echool districtboundaries, or at such other facilities maintained bya tribal government, Indian corporation, or theBureau of Indian Affairs adequately facilitated toaccomodate said programs, provided, that whensupplementary programs designed to extend theclassroom participation of eligible Indian studentsbeyond the school premises and during normalschool hours the State compulsory schoolattendance laws shall govern.

13

§ 273.34

25 USC 458e

§ 273.37

B. OPERATIONAL SUPPORT PROGRAMS

1. NARRATIVE To maintain the sharedresponsibility of state and federal obligations toprovide for Indian education through the applicablepublic school systems of the State of Arizona wheresuch are located principally on an Indianreservation, the Arizona State Board of Education,pursuant to provisions of state law, shall receivesuch federal appropriations designed for operationalexpenditures in support of all educationalrequirements pursuant to Article XI, Section 1 ofthe Arizona State Constitution, Arizona RevisedStatutes, Title 15 Education, and AdministrativeRules and Regulations,- Title VII,Chapter 2 Education (Arizona State Board ofEducation Policies).

2. Programmatic expenditures made in support of 25 UK 452-456operational costs incurred by eligible and ARS 15-1161participating public school districts educating § 273.1eligible Indian children to meet educational § 273.2(1)requirements established in ARS § 273.13Title 15 Education and Policies of the State Board § 273.33of Education.

3. Contract funds for operational expenditures shall bebased on adopted school district budgets, or anauthorized State budget format request for financialaid with written justifications in support of theeducational programs and services of the eligiblepublic school district. All fiscalprocedures/expenditures for this purpose shall beexecuted pursuant to ARS 15-1161 and UniformSystem of Financial Records/chart ofaccounts Fund Code 010 and 492.

4. To be eligible for operational expenditure fundingor consideration a school district must establish allof the following:

a. That there exists at least 70 percent or more ofeligible Indian children within the schooldistrict or within any particular school served.

b. All other sources 3f fmancial aid or revenuesto which the distr5ct is entitled are utilized,including all forms of state aid, P.L. 81-874funds, balances forward, and funds raised froma local tax levy based on the qualifyingJohnsonO'Malley rate established by theArizona Department of Education.

14

2 0

ARS 15-102ARS 15-1201ARS 15-1202

ADE 41-110ARS 15-1201ADE 15-1202

USFR/HF-1-3USFR/II-G-1&2

c. That the district has made a reasonable tax ARS 15-445effort with a mill levy in support of education ADE 41-110programs at least equal to the state average,beiag the rate not less than the average leviedby all similar districts in the state during theIrevious year, excluding special levies andbonded indebtedness. For the 1976-1977school year the JOM qualifying tax rate will be$3.16 for elementary school districts and $2.72for high school districts. The average tax rat.? isto be developed separately for elementarydistricts and high school districts which will bea simple average tax rate as used in the annualreport of the Department of Public Instruction.Whenever applicable, a unified school districtmay use the unified rate.

d. That the district cannot satisfy the minimum ARS 15-1021-1025state standards or requirements in the absence ARS 15-1602of such funds: SBE/II/1-6

"Rule of the State Board EducationalRequirements":

i. The State Board of Education, in order tocomply with A.R.S. 15-102.16 & 17,hereby prescribes the subjects to betaught and optional subjects to be taught.The subjects of world history, geography,Arizona history and constitution,American history and civics (U.S.Constitution) may be combined intosocial studies and the subjects reading(including phonics), spelling, handwritingand language may be combined intolanguage arts provided that the minimumcourse content of each subject is includedin the single instructional programadopted. If the textbook or instructionalprogam adopted is one which does notinclude one of the required subject areas,a separate textbook or program shall beadopted for that specific subject area.

SUBJECTS TO BE TAUGHTYEARS

TAUGHT

Arithmetic 1-8*Geography 1-8*World History 1-8

*/**Ariz. History & Constitution 7-8*/** American History 7-8

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2 1

SUBJECTS TO BE TAUGHT

*/**Civics (U.S. Constitution)

YEARSTAUGHT

***Handwriting 1-8***Language 1-8***Reading (including phonics) K-8***Spelling 1-8

Literature 6-8Health 1-8Science 1-Music 1-8

*These subjectsSocial Studies.

**These subjects15-1021 to bethe grammar sch

***These subjectsLanguage Arts.

may be combined into

are required by A.R.S.taught at least one year inool.may be combined into

OPTIONAL SUBJECTS

Manual Training (statutory)Household Economics (statutory)Arts and CraftsBandChorusForeign LanguageJournalismPhysical EducationTyping

The State Board of Education requiresthat each common school district having akindergarten progam include threesubjects out of the prescribed list ofsubjects to be taught for common schoolsand that reading including phonics be oneof the three required. The kindergartenprogam shall be addressed to readinessfor all subjects taught in the prim uygrades.

The State Board of Education, pursuantto A.R.S. 15-1021, has adopted as amajor goal that every student in Arizonashall have the equal opportunity tounderstand the essentials, sources, andhistory of the U.S. and ArizonaConstitutions and to understand theprinciples and ideals of our AmericanInstitu tions.

16

2 2

The State Board, therefore, require3 thateach common school district determinethat the Pupils in their districts areknowledgeable .3L this subject, as shownby a district developed method, prior toreceiving a certificate of promotion fromeighth grade.

iv. The State Board of Education hasadopted the goal that every student shallhave the eq!ial opportunity to learn toread and write effectively and to masterthe basic computational skills.

The state Board believes that developingstandards for these basic skills isprerequisite and essential to the learningprocess of the student. Therefore theState Board requires that promotion fromyear to Year shall be based uponpredetermined standards for these basicskills as established by the local district.

The State Board further requires that eachstudent shall attain at least a sixth gradecompetency m reading, computational andwritten communicative skills, asdetermined by the local district, prior toreceiving the standard eighth gradecertificate of Promotion- This Policybecomes effective JanuarY 1, 1976.

The State Board further requires that eachstudent shall demonstrate ability to readat a ninth gr.ade level of Proficiency asshall be estabushed by the local district,prior to graduation from high school. Thispolicy becomes effective for classes afterJanuary 1, 1976-

v. The State Board of Education realizesthat because of physical and/or mentaldeficiency not every student in Arizonawill he able to attain an eighth gradecompetency Prior to completion ofcommon school, therefore the State Boardo f Education, pursuant to A.R.S.15--546 A. Prescribes the following tYpesof eighth grade certificates of promotion:

2 3

17

vi, Stantiard Certificate of promotion

This certificate of promotion shall beissueQ to

sixtbthgrosaede competencywho attain at

in reading,least Students

writ tetnh ec 01 omcma

, as de ed by

....onstitutioos.44

tisfied 4 distrive sa ct determinationrof cothpetencY c'n the Arizona and U.S.

yil. prSPeciai fdtleation Certiricate ofotion

irisstq of promotion shall be

-.1013 and determined to have acertificate

evak to th°se students vih° have been1 i ated in accordance with A.R.S.

PhYsic,, and/or deficiency whichrt their attnalinerimt:nit of a sixth gradepreve_ s'its

competency in reading, computational andwritten communicative skills, asdeterThz_

ed by the local district, and werelyuna.-411eI t 0 Pass the conStitUtiOnscompetency deter,,,---gination. Prior to the

issuance of this special

certif.;

_, educationcertinhk -4ate the district supenutendent or

Qesignee shau certifY that the'cate iS being issued for valid cause.

oe .disttictA

shall clearly identify thev hefit fro,,d

tocationa,

nee-s 44of the students in

be 4.1 the con Ltact.tended to

rtic Stat.,Board of Educa don be heves that

ey ea chilti Arizona should have equaledlicatie1141 oppornmitY to

at noreceive

stUen

the basic,oviledge skills in each subject area, andr shall be deprived of this0`nportunidty because of socio-economic or

oilier 'actors beyond his/her control. TheColifFse °f prescribed by the State Board...uucat -/i rov ides the basic minimumcoarse c°11tent in each prescribed subject areaw ir. Ire 4 ininiInlinl quality education inc_Inpuance Article xi, section 1 by theAuraona Si

4te Constitution:,district made

t-roputing it a good faith effort incontributions

USFR/II -G-- l 8c2

-111- eg'-rd toe and local

con tract funds pursuant tOC° oUt r stat

ARS 15-102

18

2 4

The district shall not budget or project a USFR/I I F 1-3deficit by using contract funds pursuant to thisPlan.

5. Funds shall be used for operational expenditures to ARS 15-102provide educational services and opportunities inaccordance with the minimum State EducationalStandards with fiscal accountability under theadopted chart of accounts.

6. By approval of this Plan, the Arizona Board of ARS 15-1161Education herein certifies that the following public ARS 15-102school districts have satisfactorily met allrequirements of 25 CFR Part 273.13 (b):

a.b.C.

d.

e.

AlchesaY High School District No. 20Fort Thomas Elementary School District No. 7Fort Thomas High School District No. 7Keams Canyon Elementary School DistrictNo. 25Sacaton Elementary School District No. 18

7. Funds for operational support shall be utilized to ARS 15-1161maintain the requirements of Arizona Reyised § 273.16(1)Statutes, Title 15 Education, as approved by theIndian Education Committee pursuant toArticle V, D of this Plan, provided, that wheneverthe election of the applicable boards of trusteesresults in a minority of Indian people, the ArizonaState Board of Education purskint to Article IV, F,and the Bureau of Indian Affairs pursuant toArticle VII, F, of this Plan, shall jointly prescribesuch provisions to assure compliance with 25 CFR273.16 for such funds designated for this purpose,including but limited to the provisions and resultsof ARS 15-473 and ARS 15-1202 (qualifiedelectors and public school district budgets).

C. SPECIAL SERVICES

1. Special services may be provided for specialextraordinary needs or circumstances, andemergency services which may be provided to apublic school district, Indian child, Arizona Indiantribe, Arizona Indian Education Association, or anI n dian corporation, to enhance or enricheducational opportunities and upgrade the qualityof education for Indian children. Priorities may begiven to Indian children participating in specialeducational programs for trainable and educableyouth, provided, that all other resources are fullyutilized.

2. Funds for this purPose shall be maintained in theoperational budget of the Division of IndianEducation. Awards for Special Service Projects shallbe approved by the signed parties on a line itembasis, or by such other procedures as mutuallydetermined by the contract officers' representatives.

3. Funds under this provision may be utilized by theArizona Indian Education Association (StateJohnsonO'Malley Indian Education Committee)for in-service training or to provide training sessionsto other applicable JohnsonO'Malley IndianEducation Committees or Arizona public schooldistricts.

Applicants may submit requests for assistance, withwritten justifications or statements of needsconsistent with the provisions of this Plan forsupplementary programs/projects and the provisionsof item 2 of this Part to the Division of IndianEducation.

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20

ARS 15-1141ARS 15-1161

§ 273.31(c)

VII. ADMINISTRATION AND MANAGEMENT

A. The Bureau shall provide funds for administrative andmanagement costs to carry out the contractedJohnsonO'Malley Program, and the provisions of the1 976-1 977 Arizona J ohnsonO'Mallev StateEducational Plan.

ARS 15-1161§ 273.18

B. The Arizona Department of Education, Division of ADE 146-005/28Indian Education, shall be authorized by the State Boardof Education to be responsible for the administrationand management of all contracts executed under theauthority of the JohnsonO'Marey Act and ARS15-1161, and shall perform such other functions asrequired or delegated by the Superintendent of PublicInstructbn. Such responsibilities shall include fmaldisposition of proposals submitted under this plan forfunding and statutory compliances.

C. The Division of Indian Education shall be staffed by anadequate staff to carry out the provisions of this Planand contractual agreements, and to provide technicalassistance, monitoring and evaluation and conduct fiscalaudits at a minimum of one every two yearsdelineated by the U.S. Office of Education, or asrequired by the Department of the Interior.

D. Additional fui.:ti,ms or activities of the Division ofIndian Education may be performed to coordinate otherstate, federal, or local progams applicable to theeducational and special needs of Indian children and theIndian communities. and, upon request, to the generalpublic.

E. The Divi..;ion of Indian Education shall be authorized bythe State Board of Education to review and authorizedistribution of funds for all proposals submitted underthis Plan.

F. The Division of Indian Education shall h.: responsible formaintaining all documents such as invoices, purchaseorders, cancelled checks, balance sheets, and all otherrecords relating to financial transactions to facilitateauditing, and maintain other documents relating to theadministration of the contract. The records involved inany claim or expenditure which has been questionedshall be further maintained until final determination hasbeen made on the questioned expenditures.

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21

§ 273.18

ARS 15-102ARS 15-121(6)

ARS 15-1142

ARS 15-1142§ 273.47§ 273.48

VIII.GENERAL PROVISIONS

A. All public school districts and Indian tribes receivingfunds under this Plan shall comply with Title VI of theCivil Rights Act. "No person in .he United States shall,on the gounds of race, color, or national origin beexcluded from participation in, be denied the benefits of,or be subject to discrimination under any program oractivity receiving federal financial assistance."

B. All funds provided by this Plan, shall be expended onlyfor the benefit of eligible Indian students, provided, thatwhere students other than eligible Indian studentsparticipate in progams contracted under this part,money expended under such contract shall be proratedto cover the participation of only the eligible Indianstudents, except where the participation of non-eligiblestudents is so incidental as to be de minimus. Suchde minimus participation must be approved by the IndianEducation Committee.

C. All programs or projects funded under this Plan shall beopen for visitations and inspection by the contractor or aduly authorized representative of the Secretary of theInterior or members of the Indian Education Committeeto monitor, evaluate, and audit progam effeailieness andfmancial expenditures.

D. School districts receiving funds under theJohnsonO'Malley Act shall provide educationalopportunities to all Indian children within that schooldistrict or school on the same terms and under roe sameconditions which apply to all other students, and shallinsure that /ndian children receive all aid from all sourceswhich they would be entitled to receive. In no instanceshall there be discrimination against Indians or schoolsenrolling such Indians, and as applicable, the rules andregulations pertaining to student rights and due process(25 CFR .Part 35) be observed.

E. No contract funds under the JohnsonO'Malley Act shallbe made available by the Bureau directly to other thantribal organizations, states, school districts, and Indiancorporations. However, tribal organizations, states, schooldistricts, and Indian corporations receiving funds underthis part may use the funds to subco &act for necessaryservices with any appropriate individual, organization orcorporation.

F. The Bureau of Indian Affairs may provide additionalguidelines to the State Board of Education on thedisisibution of contract funds 'based upon the special

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§ 273.42

§ 273.32

§ 273.16§ 273.18§ 273.48

§ 273.38

§ 273.36

§ 273.31(c)

cultural, linguistic, social, educational needs of thecommunities involved, actual cost of providingeducational services, or such other factors consistent withauthorities granted thereto.

G. The Arizona Department of Education shall make anannual report to the approving official and theparticipating Indian Education Committees on or beforeSeptember 15 for the previous school year, and include,but not be limited to, (a) an accounting of the amountsand purposes for which the contract funds wereexpended, (b) information on the conduct of theprogram, (c) a quantitative evaluation of the effectivenessof the stated goals and objectives contained in theapplicant's educational plans, programs, and projects andsuch other documents required by the signed contract.

H. All applicants participating under this Plan shall submitthe following information on or before July 30 of eachyear for said annual report. (A state summary reportform will be supplied by the Division of IndianEducation).

1. Number of eligible Indian eighth grade and twelfthgrade graduates each year.

2. Report to the Division of Indian Education totalenrollment of Indian students by grade and age inthe J ohnsonO'Malley participating schools(kindergarten through grade 12).

3. Report number of dropouts and transfers by gradeand age, including reason for leaving school.

4. Total school enrollment including Indian andnon-Indian students.

5. All applicants shall further submit periodic progressreports on program activities and current fiscalexpenditures on or before December 31, 1976, andApril 30, 1977 in addition to the annual reportnoted above.

6. Copies of each Indian Education Committee'sminutes shall be submitted as approved.

1. Records shall be maintained on financial transactionsinvolving the receipt and expenditure of funds providedunder the contract in a manner which will provideaccurate, current and complete disclosure of financialstatus, correlation with budget or allowable costschedules, and clear audit facilitating data.

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§ 273.50

ARS 15-1141§ 273.50

ARS 15-1161§ 273.47

J. During the term of any program created under this Planand for three years after the program or undertaking iscompleted, the Comptroller General and the Secretary,or any of their duly authorized representatives, shall haveaccess, for audit and examination purposes, to any of thecontractor's books, documents, papers, and recordswhich, in their opinion, may be related or pertinent tothe contract or any subcontract.

K. All contracts, non-confidential records concerning allstudents served by the program, reports, budgets, budgetestimates, plans, and other documents pertaining topreceding and current year administration of the contractprogram shall be made available by the contractor andlocal school officials to each member of the IndianEducation Committee and to members of the publicupon request. The Department of Education, Division ofIndian Education, or local school official shall provide,free of charge, single copies of such documents uponrequest.

L. In those states where Public Law 83-280, 18 U.S.C.1162 and 28 U.S.C. 1360 do not confer civil jurisdiction,state employees may be permitted to enter upon Indianlands, reservations, or allotments if the duly-constitutedgoverning body of the tribe adopts a resolution ofconsent for the following purposes:

a. Inspecting school conditions in the public schoolslocated on Indian tribal lands, reservations, orallotments.

b. Enforcing state compulsory school attendance lawsagainst Indian children, parents, or persons standingin loco parentis.

M. All programs established under this Plan must complywith the applicable requirements in the FederalProcurement Regulations (41 CFR Part 1), assupplemented by the Interior Procurement Regulations(41 CFR Part 14), the Bureau of Indian AffairsProcurement Regulations (41 rFR Part 14H), except41 CFR Part 14H-70, Subpart D of 43 CFR Part 2which implements the Privacy Act (5 U.S.C. 552a), andsuch other procedures determined by the contractofficers' representatives (ADE/76/2CLT).

3 0

24

§ 273.48

ARS 15-151ARS 15-152

§ 273.49§ 273.54

25 USC 231ARS 15-321

§ 273.52 .

IX. ARIZONA INDIAN EDUCATION ASSOCIATION

A. The statewide Arizona JohnsonO'Malley Indian 25 USC 450(a)Education Committee hereinafter known as the Arizona ARS 15-1141Indian Education Association shall be composed of one ARS 15-1161member and one alternate as nominated or selected by § 273.1procedures determined by each Arizona Indian tribe or § 273.4tribal government composed of the following: § 237.15(3) (a)

§ 273.20AKChin HavasupaiCamp Verde HopiCocopah HualapaiColorado River KaibabPaiuteFort Apache PapagoFort McDowell PaysonFort Mohave Salt RiverFort Yuma San CarlosGila River Yavapai

B. Each local Indian Education Committee(s) establishedunder this Plan except Intergovernmental Agreementsmay elect one representative and one alternate from itsmembers to participate in the activities of theAssociation.

C. For purposes of this Plan, the Arizona Indian EducationAssociation shall serve in the liaison capacity to theArizona State Board of Education, Department ofEducation, and the Bureau of Indian Affairs and mayserve and operate under the terms and conditionsdelineated in the constitution and bylaws pursuant toP.L. 93-638.

D. Additional functions and responsibilities of theAssociation may at its option be exercised, provided,that such are in accordance with the applicable state,federal, and local laws or regulations, and the provisionsof this Plan for educational purposes.

E. The Arizona State Board of Education may in theperformance of its duties designate the Association toundertake special activities for the benefit of Indianchildren, Indian communites, and public school districts.

F. The Arizona Indian Education Association in connectionwith the Arizona Department of Education may provideassistance through an Indian tribe, to provide per diemand mileage for tribal representatives or alternates.Representatives from each Indian Education Committeeshall be reimbursed from its approved budget to attendand vote at Arizona Indian Education Associationmeetings as designated in the constitution and bylaws ofthe Arizona Indian Education Association.

25

3 1

G. The Arizona Indian Zducation Association may conductannual state conference(s) on Indian Education incooperation with the Phoenix Area Office and theArizona Department of Education, Division of IndianEducation.

X. DEFINITIONS

(a) AREA DIRECTOR means the official in charge of aBureau of Indian Affairs Area Office.

(b) BUREAU means the Bureau of Indian Affairs.

(c) COMMISSIONER means the Commissioner of IndianAffairs.

(d) ELIGIBLE INDIAN STUDENT or Indian students, fromage 3 years through grade(s) 12, shall be eligible forbenefits provided by a contract pursuant to this Plan andare Y4 or more degree Indian blood and recognized bythe Secretary as being eligible for Bureau services.

(e) EDUCATION PLAN means a comprehensive plan for theprogrammatic and fiscal services of and accountability byan applicant for the education of eligible Indian studentsunder this Plan.

(f) INDIAN TRIBE means any Indian tribe, Band, Nation,Rancheria, Pueblo, Colony, or Community, including anyAlaska Native village or regional or village corporation as'defined in or established pursuant to the Alaska NativeClaims Settlement Act (85 Stat. 688) which is federallyrecognized as eligible by the United States Governmentthrough the Secretary for the special programs andservices provided by the Secretary to Indians because oftheir status as Indians.

(g) INDIAN CORPORATION means a legally establishedorganization of Indians chartered under State or Federallaw and which is not included within the defmition of"tribal organization" given in paragraph (w).

(h) INDIAN EDUCATION COMMITTEE means one of theentities specified by the Arizona JohnsonOlfalley StateEducation Plan.

(i) INDIAN means a person who is a member of an Indiantribe.

(j) JOHNSONO'MALLEY ACT means the Act of April 16,1934 (48 Stat. 596), as amended by the Act of June 4,1936 (49 Stat. 1458, 25 U.S.C. 452-456), and furtheramended by the Act of January 4, 1975 (88 Stat. 2203).

(k) OPERATIONAL SUPPORT means those expenditures forschool operational costs in order to meet establishedState educational standards or statewide requirements.

3 327

(1) PUB. L. 93-638 means the Indian SelfDeterminationand Education Assistance Act (Pub. L. 93-638; 88 Stat.2203).

(m) PREVIOUSLY PRIVATE SCHOOL means a school(other than a Federal school operated by the Bureau)that is operated primarily for Indian stu6ents from age3 years through grades 12; and, which at the time ofapplication is controlled, sanctioned, or cha:tered by thegovernment body(s) of an Indian tribe(s).

(n) RESIDENCE means the residence of an Indian child is tobe interpreted by districts in the same way that residenceis generally interpreted for non-Indian children attendinga public school under the same circumstances.

(o) RESERVATION or INDIAN RESERVATION means anyIndian tribe's reservation, Pueblo, Colony, or Rancheria,including former reservations in Oklahoma, AlaskaNatives regions established pursuant to the Alaska NativeClaims Settlement Act (85 Stat. 688), and Indianallotments.

(P) SCHOOL DISTRICT LOCAL EDUCATION AGENCYmeans that subdivisi...;, of the State which contains thepublic elementary and secondary educational institutionsproviding educational services and is controlled by a dulyelected board, commission, or similarly constitutedassembly.

(q) SECRETARY means the Secretary of the Interior.

(r) STATE means a State of the United States of Americaor any political subdivision of a State.

(s) SUPERINTENDENT means the official in charge of aBureau of Indian Affairs Agency Office.

(t) SUPPLIES means those non-equipment items of tangiblepersonal property which are consumed in use or whichmay not reasonably be expected to last longer than oneyear.

(u) SUPPLEMENTAL PROGRAMS means those programsdesigned to meet the specialized and unique educationalneeds of eligible Indian students which may have resultedfrom socio-economic conditions of the parents, fromcultural or language difference or other factors; and asprovided by Section 273.34(b).

(v) TRIBAL GOVERNMENT, TRIBAL GOVERNINGBODY and TRIBAL COUNCIL means the recorizedgoverning body of an Indian tribe.

28

3 4

(w) TRIBAL ORGANIZATION means the recognizedgoverning body of any Indian tribe or any legallyestablished organization of Indians or tribes which iscontrolled, sanctioned, or chartered by such governingbody or bodies, or which is democratically elected bythe adult members of the Indian community to be servedby such organization and which included the maximumparticipation of Indians in all phases of its activities;Provided, that a request for a contract must be made bythe Indian tribe that will receive services under thecontract; Provided further, that in any case where acontract is let to an organization to perform servicesbenefiting more than one Indian tribe, the approval ofeach such Indian tribe shall be a prerequisite to theletting of such contract.

(x) CAPITAL OUTLAY is defined as an expenditure offunds which results in acquiring fixed assets or anaddition to fixed assets which are presumed to havebenefits for more than a one-year duration. Examples areexpenditures for land or existing buildings, theimprovement of grounds, and the construction of oradditions to buildings. The purchase of capital equipment(slide projectors, tape recorders, calculators, referencematerials, etc.) may be authorized if approved asnecessary for the conduct of special need programs. Ifsuch capital equipment items are purchased from thesecontract funds, they must be tagged as "Property ofIndian Education (JOM)."

(y) DEBT SERVICE expenditures are those for theretirement of debts or the expenditure for interest ondebts, except principal and interest on current loans(those payable within the same year that funds wereborrowed).

(z) INTERGOVERNMENTAL AGREEMENT means theagreement entered into between an Arizona Indian tribeand the State Board of Education for the purpose ofimplementing educational programs and services pir:suantto this Plan.

3 5

29

XI. APPENDICES

3 6

CONSTITUTION AND BYLAWSOF THE

ARIZONA INDIAN EDUCATION ASSOCIATIONSTATE OF ARIZONA

ARTICLE I. NAME

The Arizona Indian Education Association is hereby established as an advisoryorganization to the State Department of Education, whose principal address will be Divisionof Indian Education, Arizona Department of Education, 1535 West Jefferson Street,Phoenix, Arizona 85007.

ARTICLE II. PURPOSE

The purpose of the Arizona Indian Education Association is to promote thedevelopment of quality education for all Indian children; education which fosters individualachievement and academic excellence, and insures equality of treatment and services for allIndian children.

ARTICLE III. GOALS AND OBJECTIVES

The goals and objectives of the Arizona Indian Education Association will be thefollowing:

1. To assure greater uniformity and cooperation among all school districts of theState of Arizona, the Arizona State Board of Education, Bureau of Indian Affairs, and eachIndian tribe within the State of Arizona Indian Education Committee.

2. To provide advice, consultation, and educational guidance to all concerned on theeducational needs of Indian children.

The above goals and objectives will be applicable to all educational programs whichaffect the educational prosperity of all Indian children, including (a) JohnsonO'MalleyProgam; (b) Indian Education Act Program; (c) Bilingual/Bicultural Program; and (d) anyother educational program for Indian children.

ARTICLE IV. AUTHORITY

The legal framework for establishment of the Arizona Indian Education Association isvested in the:

1. Arizona Revised Statutes (A.R.S.), Title 15, Education 15-102.4

2. Policies State Board of Education.

3. Arizona JohnsonO'Malley Educational Plan,

4. BIA Manual 20-6. 1-6.12 (Educational Service Through Indian Organization).

5. 41 CFR Sec. 1-15.711-3.

37

6. Indian Self-Determination and Education Assistance Act P.L. 93-638), Part 271 orTitle 25, Chapter I, Sub-Chapter Y Part 271 Section 273.15, 273.16, 273.17.

ARTICLE V. MEMBERSHIP

Section 1. MEMBERSHIP AND TERM OF OFFICE. The Arizona Indian EducationAssociation shall consist of such individuals who are members of and representing each ofthe tribes in the State of Arizona and parental representatives from local Indian EducationCommittees participating under the 1976-1977 Arizona JohnsonO'Malley State EducationalPlan. Each member and alternate will be elected or appointed by their respective tribalgoverning body and, where applicable, each local Indian Education Committee to serve on theAssociation for a term of two years. The terms, of office shall be staggered so that aproportionate number of members are elected on alternate years. Membership may beextended to Indian high school students being served under the State Plan.

Section 2. VACANCIES. Any vacancy occurring other than by expiration of termsshall be filled by the alternate for the unexpired term. Each participating Indian EducationCommittee will submit to the Division of Indian Education a constitution and bylaws androster of that committee to serve on the Association.

Section 3. STANDARD FOR SELECTION OF MEMBERS OF THE ASSOCIATION.

a. The members of the Association shall be elected or appointed on the basis of:(1) Their commitment to the interest and welfare of Indian people; (2) their professional orpersonal experience in improving the quality of Indian education; (3) their dedication toimplementing effective, bold, and innovative education programs; (4) must be a parent ofeligible Indian child.

b. Any member or alternate shall assume all conducts and procedures in an ethicalmanner and shall be further required to attend all Association meetings unless officiallyexcused for reasons of health or official duties affiliated with representing tribe.

c. No member or alternate shall be compensated except in performance of officialduties authorized by the president or a majority of the members, provided that saidcompensation shall be limited to travel and per diem or reimbursements for authorizedexpenses.

Section 4. ELIGIBILITY. Members selected to serve on the Arizona Indian EducationAssociation shall be a member of the Indian Education Committee he or she represents, butnot be an elected official of any office of the State of Arizona. Future members may be addedto the Association as necessary and beneficial to the needs of the Indian children, providedthat each new member is approved by the Association and the State Board of Education. Suchapproval shall require a two-thirds (2/3) majority vote.

Section 5. ELECTION OF OFFICERS. Members of the Association at its organizationalmeeting in September, by general election ballot, shall elect from its membership, an ExecutiveCommittee, a president, vice-president, and secretary/treasurer. These officers will serve for atwo-year term. Vacancy in.any office shall be filled by the Association for the remainder ofthe term. An Executive Committee may be established to perform such duties designated bythe Association and shall consist of 7 members representing (3) tribal, (3) metropolitan, and(1) Indian high school student.

Section 6. DUTIES OF THE OFFICERS

2

38

a. The president shall preside at all meetings of the Association. The president mayappoint or establish a committee from among members of the Arizona Indian EducationAssociation or as approved by the Executive Committee from members of the Indiancommunities to perform or accomplish tasks on behalf of the Association.

b. The vice-president shall perform the duties of the president in the event of his/herabsence. He/she shall perform such other functions as may be designated by the presidentor the Association.

c. The secretary shall call the roll, handle all official correspondence, keep minutesof all regular and special meetings, and it shall be his/her duty tu submit promptly to theAssociation copies of all minutes. The secretary shall also send out notifications of themeetings.

d. The treasurer shall be responsible for fiscal reporting.

ARTICLE VI. MEETINGS

Section 1. The Association shall meet on a semi-annual basis beginning in Septemberof the calendar year or at such times as the president or a majority of the members call fora special meeting. The Executive Committee meetings shall be held on the third Friday ofSeptember.

Section 2. Four (4) members of the Executive Committee shall constitute a quorum.A quorum shall be necessary to conduct formal business. Each member shall have one voteon each motion. In case of a tie vote, the president shall cast his/her vote to break the tiemajority.

Section 3. All Association meetings shall be open to the public with the exception ofduly called Executive Sessions. The president or a majority of the members may call anExecutive Session which shall be limited to members of the Association wherein mattersrelating to personnel issues or such other matters of a personal nature are discussed,provided that any such Executive Sessions be in compliance with the state laws.

Section 4. When a member has unexcused absence for two consecutive ExecutiveCommittee meetings other than with official excuse, the other members may declare theposition vacant and shall notify the ex-member by registered mail.

ARTICLE VH. OTHER DUTIES

The other duties of the Arizona Indian Education Association shall include, but not belimited to the following:

a. To provide recommendations to the Superintendent of Public Instruction.

b. To provide recommendations to the State Board of Education.

c. To provide recommendations to Tribal Councils.

d. To travel on behalf of the Association on official business to schools, conferences,and workshops (out-of-state travel is subject to availability of funds and approvalof the Director, Division of Indian Education).

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