[Federal Register Volume 59, Number 62 (Thursday, March 31, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-7244]


[[Page Unknown]]

[Federal Register: March 31, 1994]


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Part III





Department of the Interior





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Bureau of Indian Affairs



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25 CFR Part 36




Minimum Academic Standards for the Basic Education of Indian Children 
and National Criteria for Dormitory Situations; Proposed Rule
DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs

25 CFR Part 36

RIN 1076-AC32

 
Minimum Academic Standards for the Basic Education of Indian 
Children and National Criteria for Dormitory Situations

AGENCY: Bureau of Indian Affairs, Interior.

ACTION: Proposed rule.

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SUMMARY: The Bureau of Indian Affairs (BIA) is proposing to amend its 
regulations to add definitions; to establish requirements for 
immunization against childhood diseases for children enrolled in 
Bureau-funded schools; to provide for the inclusion of Native language 
and culture into the curriculum; to provide schools the opportunity to 
develop unique mission and philosophy statements; to offer students 
alternative programs for high school completion; to provide for new 
testing requirements; to authorize tribal governing bodies or local 
school boards to waive or revise dormitory standards; and to establish 
a new timeline for submission of waivers.

DATES: Comments must be received on or before June 29, 1994.

ADDRESSES: Mail or hand deliver comments to Bette Haskins, Bureau of 
Indian Affairs, Office of Indian Education Programs, 1849 C St. NW./MS 
3512-MIB, Code 531, room 3543, Washington, DC 20240.

FOR FURTHER INFORMATION CONTACT: Bette Haskins, (202) 219-3817, Office 
of Indian Education Programs, 1849 C St. NW./MS 3512-MIB, Code 531, 
room 3543, Washington, DC 20240.

SUPPLEMENTARY INFORMATION: The Bureau is proposing modifications and 
additions to existing regulations in order to incorporate the various 
recommendations, statutory requirements, and innovative strategies 
within the regulatory standards of 25 CFR part 36, Minimum Academic 
Standards for the Basic Education of Indian Children and National 
Criteria for Dormitory Situations.
    The BIA Office of Indian Education Programs (OIEP) held tribal 
consultation hearings, as required by 25 U.S.C. 2010(b)(1), to provide 
Indian tribes, school boards, parents, Indian organizations, and other 
interested parties an opportunity to comment on potential changes or 
issues being considered by the BIA regarding Indian education programs. 
These consultation hearings were held during January 1991, July 1991, 
January 1992, and July 1992 in Anchorage, AK; Phoenix, AZ; Sacramento, 
CA; Minneapolis, MN; Billings, MT; Albuquerque, NM; Gallup, NM; 
Oklahoma City, OK; Portland, OR; Aberdeen, SD; and Nashville, TN. The 
results of these hearings were used in developing the proposed rule.
    The President's Goals 2000 school reform plan calls for local 
decision-making regarding the means for attaining improved educational 
achievement. Comments made during these consultation hearings fully 
supported allowing Bureau schools to develop their own unique mission 
and philosophy statements. Public Law 98-511, section 502, requires 
that standards established under section 1121 of Pub. L. 95-561 include 
a requirement for immunization against childhood diseases. Comments 
made during the consultation hearings regarding immunization of all 
students enrolled in BIA-funded schools indicated support of the 
requirement with the following concerns: (1) The need to include 
language that the Indian Health Service would immunize all students 
enrolled in BIA-funded schools; and (2) the need to reconsider imposing 
state standards on sovereign tribal entities.
    Title I of Pub. L. 101-477, the Native American Languages Act, 
states, ``It is the policy of the United States to preserve, protect, 
and promote the rights and freedom of Native Americans to use, 
practice, and develop Native American languages.'' The President's 
Goals 2000 plan recognizes the need for students to be competent in 
more than one language. The final audit report by the Office of the 
Inspector General, ``Implementation of the Education Amendments of 
1978, Bureau of Indian Affairs,'' dated July 5, 1991, asserts that the 
Amendments require the Bureau to establish standards for the basic 
education of Indian children that would account for factors such as 
academic needs, local cultural differences, type and level of language 
skills, and geographical isolation. Comments made fully supported the 
inclusion of native language and culture in the curriculum, but 
underlined the need for funding to implement the requirement and sought 
clarification of the requirement. Only two comments opposed the 
requirement, stating that: (1) It was not the function of the local 
school and (2) it would be difficult to implement the requirement due 
to the languages differing from village to village.
    The President's Goals 2000 plan also calls for ``breaking the 
mold,'' radically altering the customary modes of teaching and learning 
and redesigning human relationships and organizational structure of 
schools to produce student learning. Comments made regarding 
alternative programs supported the requirement, but also underlined the 
need for funding and clarification of the requirement.
    A report of the National Commission on Testing and Public Policy 
states, ``The fundamental recommendation of the Commission is that 
current testing policies and practices be substantially restructured to 
help people develop their talents and become constructive citizens and 
to help institutions become more productive, accountable and just.'' 
The President's Goals 2000 plan calls for the establishment of national 
standards to measure student performance, which will foster good 
teaching and learning as well as monitor student progress. The majority 
of the comments were in support of new testing requirements that are 
more in line with the recommendation of the National Commission on 
Testing and Public Policy and the President's Goals 2000 plan. The 
major concerns regarding the new testing requirements were related to 
training of staff, funding, and the benefits to the students of testing 
in general. Those comments opposing the requirements were in opposition 
to any testing in general.
    Public Law 100-297, section 5105, provides authority to waive 
dormitory criteria (standards) established under section 1122 of Public 
Law 95-561 in the same manner that academic standards may be waived. In 
regard to waivers of dormitory criteria, comments indicated support of 
the regulation change. There was, however, concern that the regulations 
would make it more difficult for boards to secure a waiver of 
standards. Previously, there has been no provision for securing a 
waiver of dormitory standards. This proposed regulation allows for 
waivers of dormitory standards in the same manner that academic 
standards may be waived. Comments received regarding a change in the 
waiver submission time indicated a favoring of a change to a November 
15 deadline each year rather than the existing 75 days prior to the 
beginning of the school year.
    The policy of the Department of the Interior is, whenever 
practical, to afford the public an opportunity to participate in the 
rulemaking process. Accordingly, interested persons may submit written 
comments regarding the proposed rule to the locations identified in the 
ADDRESSES section of this document.
    The Department of the Interior has determined that this rule is not 
a significant regulatory action under Executive Order 12866 and 
therefore will not be reviewed by the Office of Management and Budget.
    This rule will not have a significant economic impact on a 
substantial number of small entities under the Regulatory Flexibility 
Act (5 U.S.C. 601 et seq.) since there are no increased or decreased 
costs, information collections, or involvement of small entities. The 
economic effects on current entities will not change.
    The Department of the Interior has determined that this document 
does not require the preparation of a Takings Implication Assessment 
under Executive Order 12630, as it does not affect the use or value of 
private property.
    The Department of the Interior has determined that this document is 
in compliance with Executive Order 12778, Civil Justice Reform, 
sections 2(a) and 2 (b)(2).
    The Department of the Interior has determined that this proposed 
rule does not constitute a major Federal action significantly affecting 
the quality of the human environment and that no detailed statement is 
required pursuant to the National Environmental Policy Act of 1969.
    There are no information collection requirements in this proposed 
rule that require the approval of the Office of Management and Budget 
under 44 U.S.C. 3501 et seq.
    The primary author of this document is Bette Haskins, Planning, 
Oversight and Evaluation Staff, Office of Indian Education Programs, 
(202) 219-3817.

List of Subjects in 25 CFR Part 36

    Elementary and secondary education, Childhood diseases, Dormitory 
criteria, Immunization, Indians-education, Schools.

    For the reasons set out in the preamble, title 25, chapter I, 
subchapter E, part 36 of the Code of Federal Regulations is proposed to 
be amended as set forth below.

PART 36--MINIMUM ACADEMIC STANDARDS FOR THE BASIC EDUCATION OF 
INDIAN CHILDREN AND NATIONAL CRITERIA FOR DORMITORY SITUATIONS

    1. The authority citation for 25 CFR Part 36 is revised to read as 
follows:

    Authority: Section 502, 25 U.S.C. 2001; Section 5101, 25 U.S.C. 
2001; Section 110l, 25 U.S.C. 2002; 5 U.S.C. 301; 25 U.S.C. 2 and 9; 
25 U.S.C. 2901, Title I of Pub.L. 101-477.

    2. Section 36.3, Definitions, is amended by removing the paragraph 
designations and by adding in alphabetical order the definitions of 
``Authentic assessment'' and ``Higher order thinking skills,'' as 
follows:


Sec. 36.3  Definitions.

* * * * *
    Authentic assessment means the testing of higher order thinking 
skills by monitoring performance of tasks requiring analysis, 
creativity, and application skills in real life situations.
* * * * *
    High order thinking skills (or advanced skills) means skills such 
as reading comprehension, written composition, and mathematical 
reasoning. They differ from so-called basic or discrete skills such as 
phonetic decoding and arithmetic operations.
* * * * *
    3. Section 36.10, Standard I--Philosophy and goals is amended by 
revising paragraph (a) to read as follows:


Sec. 36.10  Standard I--Philosophy and goals.

    (a) Each school shall develop a written mission statement and 
philosophy of education that addresses the accumulation of knowledge 
and development of skills, interests, appreciations, ideals, and 
attitudes within the school's total educational program. A statement of 
expected outcomes shall outline what the school is attempting to do to 
meet the needs and interests of its students and community in 
accordance with the school's mission statement and philosophy.
* * * * *
    4. Section 36.11, Standard II--Administrative requirements is 
amended by adding a paragraph (d) as follows:


Sec. 36.11  Standard II--Administrative requirements.

* * * * *
    (d) Immunization. School children shall be immunized in accordance 
with the regulations and requirements of the state in which they attend 
school.
    5. Section 36.20, Standard V--Minimum academic programs/school 
calendar is amended by adding paragraphs (1), (2), (3) and (4) as 
follows:


Sec. 36.20  Standard V--Minimum academic programs/school calendar.

* * * * *
    (d) * * *
     (1) The school's language arts program shall diagnose the English 
and native language abilities of its students and provide instruction 
that teaches and/or maintains both the English and the primary native 
language of the school population. Programs shall meet local tribal 
approval.
    (2) The school program shall include aspects of the native culture 
in all curriculum areas. Content shall meet local tribal approval.
    (3) The school program shall diagnose the learning styles of its 
students and provide instruction based upon that diagnosis. The method 
for diagnosing learning styles shall be determined at the local level.
    (4) The school program shall provide for at least one field trip 
per child per year to broaden social and academic experiences.
* * * * *
    6. Section 36.24, Standard IX--Secondary instructional program is 
amended by adding a paragraph (g) as follows:


Sec. 36.24  Standard IX--Secondary instructional program.

* * * * *
    (g) Schools are encouraged to provide alternative programs that 
lead to high school completion for secondary students who do not 
function successfully in the regular academic setting.
    7. Section 36.42, Standard XV--Counseling services is revised as 
follows:


Sec. 36.42  Standard XV--Counseling services.

    Each school shall offer student counseling services concerned with 
physical, social, emotional, intellectual, and vocational growth for 
each individual. Counseling services will also include a school-wide 
assessment program. Each Agency and Area, as appropriate, shall 
institute and supervise an assessment program for its schools in order 
to provide for the objective assessment of student academic 
performance. Required formal tests shall be administered annually to 
all regular program students in grades 4, 8, and 12. (The testing of 
Chapter 1, Special Education and Gifted/Talented students shall be in 
accordance with respective regulations.) If required by state 
certification standards, schools may use the state mandated academic 
achievement tests and accompanying requirements. These formal tests and 
their subtest contents, as well as the test-related procedures, shall 
include, but not be limited to, the following:
    (a) Each Spring, schools shall conduct testing for grades 4, 8, and 
12 using a current version of a standardized academic achievement test 
based on the national assessment standards designed to assess higher 
order thinking skills. All schools shall keep a current record, with 
the Office of Indian Education Programs, of the test the school 
administers each Spring and the testing dates.
    (b) Schools shall utilize some form of performance-based or 
authentic assessment in addition to standardized achievement testing.
    (c) Each school shall report the summative results of its 
assessment program to its respective Agency or Area, as appropriate, 
and its school board.
    (d) Parents/guardians shall be informed of their children's 
assessment results and provided with an explanation and interpretation 
to ensure adequate understanding of the results.
    (e) Each school shall establish an ongoing student academic 
assessment program to ensure that defined assessment procedures are in 
place. The program shall include regular training in basic assessment 
procedures and routines for all teachers and other staff involved in 
student assessment.
    (f) Each Agency and Area, as appropriate, shall report the results 
of each school's formal spring tests to the Office of Indian Education 
Programs by August 1 of each year. Summative information from 
performance-based and authentic assessments shall be reported at the 
same time.
    8. Section 36.61, Waivers and revisions is amended by revising 
aparagraph (a)(1) as follows:


Sec. 36.61  Waivers and revisions.

    (a) * * *
    Waivers and revisions shall be submitted by November 15 each school 
year to accompany the school's annual standards compliance report as 
required by Sec. 36.60(b).
* * * * *
    9. Subpart H--National Dormitory Criteria is amended by adding 
Sec. 36.77 as follows:


Sec. 36.77  Waivers and revisions.

    (a) The tribal governing body (tribe), or the local school board 
(LSB), if so designated by the tribe, shall have the local authority to 
waive or revise in part or in whole, the standard(s) established in 
this part if the standard(s) are determined to be inappropriate or if 
they fail to take into account specific needs of the tribe's children. 
This provision includes both tribal and Bureau-operated schools. When 
the tribe or LSB, if designated by the tribe, waives or revises a 
standard, it shall within 60 days submit the waiver or revision to the 
Assistant Secretary for approval. Until this approval is obtained, the 
standard of this part or minimum state standards shall apply to the 
affected school(s).
    (b) All revised standards shall be submitted to the Assistant 
Secretary in writing in accordance with the following procedure: (1) 
Waivers and revisions shall be submitted by November 15 each school 
year to accompany the dormitory's annual standards compliance report.
    (2) The section or part to be waived shall be specified, and the 
extent to which it is to be deviated from shall be described.
    (3) A justification explaining why the alternative standard is 
determined necessary shall be included with the revised standard.
    (4) Measurable objectives and the method of achieving the 
alternative standard along with the estimated cost of implementation 
shall be stated.
    (c) The Assistant Secretary shall respond in writing within 45 days 
of receipt of the waiver or revision. The waiver shall be granted or 
the revision shall be accepted by the Assistant Secretary unless 
specifically rejected for good cause and in writing. The written 
rejection shall be sent to the affected tribe(s) and LSB. This 
rejection shall be final. The waiver is granted or revision is 
established automatically on the 46th day of receipt if no written 
response is provided by the Assistant Secretary.
    (d) The Assistant Secretary shall assist the school board of an 
Indian-controlled contract school in the implementation of the 
standards established in this part if the school board requests that 
these standards, in part or in whole, be implemented. At the request of 
an Indian-controlled contract school board, the Assistant Secretary 
shall provide alternative or modified standards to those established in 
this part to take into account the needs of the Indian children and 
Indian-controlled contract school.

    Dated: February 18, 1994.
Ada E. Deer,
Assistant Secretary--Indian Affairs.
[FR Doc. 94-7244 Filed 3-30-94; 8:45 am]
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