[Federal Register Volume 59, Number 230 (Thursday, December 1, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-29330]
[[Page Unknown]]
[Federal Register: December 1, 1994]
_______________________________________________________________________
Part X
Department of the Interior
_______________________________________________________________________
Bureau of Indian Affairs
_______________________________________________________________________
25 CFR Part 36
Minimum Academic Standards for the Basic Education of Indian Children
and National Criteria for Dormitory Situations; Final 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: Final rule.
-----------------------------------------------------------------------
SUMMARY: This rule establishes requirements for children enrolled in
Bureau-funded schools, provides for the inclusion of Native language
and culture into the curriculum, provides schools the opportunity to
develop mission and philosophy statements, offers students alternative
programs for high school completion, provides for new testing
requirements, and authorizes tribal governing bodies or local school
boards to waive or revise dormitory standards and to establish a new
timeline for submission of waivers.
EFFECTIVE DATE: December 1, 1994.
FOR FURTHER INFORMATION CONTACT: Bette Haskins, (202) 219-3817, Office
of Indian Education Programs, 1849 C St. NW, MS 3512-MIB, Washington,
DC 20240.
SUPPLEMENTARY INFORMATION: The BIA is modifying and making additions to
existing regulations to incorporate various tribal recommendations,
statutory requirements, and innovative changes.
The BIA Office of Indian Education Programs (OIEP) held tribal
consultation meetings, 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 meetings 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 improving educational
achievement. Comments made during these consultation meetings fully
supported allowing BIA-funded schools to develop their own unique
mission and philosophy statements.
Public Law 98-511, section 502, requires that standards established
under Section 1121 of Public Law 95-561 include a requirement for
immunization against childhood diseases. Comments made during the
consultation meetings 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 Public Law 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
BIA 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.
Tribal comments 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 tribal 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. Tribal comments 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 from the tribal meetings 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 commenters
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, tribal comments indicated
support for the regulatory 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. The regulation allows for waivers of
dormitory standards in the same manner that academic standards may be
waived. Commenters favored a change to a November 15 deadline rather
than the existing deadline of 75 days prior to the beginning of the
school year.
On March 31, 1994, the BIA published proposed rules in the Federal
Register to amend 25 CFR Part 36 (Number 59 FR page number 15294). A
total of eleven comments were received and have been considered as
described below.
General Comments
Two commenters agreed with incorporating the language of Goals 2000
into the amendments.
Eight comments supported the incorporation of language and culture
into the curriculum.
Specific Comments
Comment. Philosophy and goals, Section 36.10(a). One commenter
recommended the following language be added at the end of that section:
``Mission statements shall meet local tribal approval.''
Response. No addition was made. Philosophy and goals are developed
by schools in unison with the community.
Comment. Administrative requirements, Sec. 36.11(d). Two commenters
suggested that immunization standards for Indian children should follow
guidelines of the Advisory Committee on Immunization Practices and the
American Academy of Pediatrics endorsed by Indian Health Service.
Response. The sentence concerning immunizations has been amended to
include the phrase ``or standards of the Indian Health Service.''
Comment. Minimum academic programs/school calendar, Sec. 36.20(d).
One commenter suggested that the terminology be changed from diagnose
to assess to reflect the language of Goals 2000.
Response. The terminology was changed to read assess instead of
diagnose to better reflect the language of Goals 2000.
Comment. Counseling services, Sec. 36.42. One commenter was
concerned that the school-wide assessment program was included under
counseling services.
Response. Section 36.42(a)(5) states that each school's
instructional program shall establish an ongoing student academic
assessment program.
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.).
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 has determined that this rule does not have
significant federalism effects.
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 programs, 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 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 1101, 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 P.L. 101-477.
2. Section 36.3, Definitions, is amended by removing the paragraph
designations, rearranging the existing regulations in alphabetical
order, and 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.
* * * * *
Higher order thinking skills (or advanced skills) means skills such
as reading comprehension, written composition, and mathematical
reasoning. They differ from 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 or standards of the Indian Health Service.
5. Section 36.20, Standard V--Minimum academic programs/school
calendar is amended by adding paragraphs (d) (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 assess 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 assess the learning styles of its
students and provide instruction based upon that assessment. The method
for assessing 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 amended by
revising the introductory text and paragraph (a) 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 shall be included in a school-wide
assessment program.
(a) 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 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:
(1) Each Spring, schools shall conduct testing for grades 4, 8, and
12 using a current version of a standardized academic achievement test
based upon 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.
(2) Schools shall use some form of performance-based or authentic
assessment in addition to standardized achievement testing.
(3) Each school shall report the summative results of its
assessment program to its respective Agency or Area, as appropriate,
and its school board.
(4) 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.
(5) Each school's instructional program 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.
(6) 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 a
paragraph (a)(1) as follows:
Sec. 36.61 Waivers and revisions.
(a) * * *
(1) Waivers and revisions shall be submitted by November 15 each
school year to accompany the school's annual standards compliance
report as required by 36.60(b).
* * * * *
9. Subpart H--National Dormitory Criteria is amended by adding a
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 submit the waiver or revision to the Assistant
Secretary for approval within 60 days. 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: September 21, 1994.
Ada E. Deer,
Assistant Secretary--Indian Affairs.
[FR Doc. 94-29330 Filed 11-30-94; 8:45 am]
BILLING CODE 4310-02-P