[Federal Register Volume 83, Number 74 (Tuesday, April 17, 2018)]
[Proposed Rules]
[Pages 16806-16808]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-07922]


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DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs

25 CFR Part 30

[189A2100DD/AAKC001030/A0A501010.999900 253G]


Bureau of Indian Education Standards, Assessments, and 
Accountability System Negotiated Rulemaking Committee Establishment; 
Proposed Membership

AGENCY: Bureau of Indian Affairs, Interior.

ACTION: Proposed membership of Committee and request for nominations.

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SUMMARY: The U.S. Department of the Interior is announcing the proposed 
members to form the Bureau of Indian Education (BIE) Standards, 
Assessments, and Accountability System Negotiated Rulemaking Committee 
(Committee) which will advise the Secretary of the Interior (Secretary) 
through the BIE on a proposed rule to revise the Adequate Yearly 
Progress regulation as previously announced in the Federal Register. 
This notice solicits comments on the proposed membership, and invites 
additional nominations for Committee members who will adequately 
represent the interests that are likely to be significantly affected by 
the proposed rule. The Secretary also proposes to appoint Federal 
representatives to the Committee as listed.

DATES: Comments must be submitted no later than May 17, 2018.

ADDRESSES: Send comments and nominations to the Designated Federal 
Officer, Ms. Sue Bement, Education Program Specialist, Bureau of Indian 
Education, by any of the following methods:
     (Preferred method) Email to: [email protected];
     Mail, hand-carry or use an overnight courier service to 
the Designated Federal Officer, Ms. Sue Bement, c/o The Office of 
Regulatory Affairs and Collaborative Action, 1001 Indian School Road 
NW, Suite 312, Albuquerque, NM 87104.

FOR FURTHER INFORMATION CONTACT: The Designated Federal Officer, Ms. 
Sue Bement, Bureau of Indian Education; email: [email protected]; 
phone: (952) 851-5427.

SUPPLEMENTARY INFORMATION:

Background

    The purpose of the BIE Committee is to serve as an advisory 
committee under the Federal Advisory Committee Act (FACA) and the 
Negotiated Rulemaking Act (NRA). Pursuant to the Federal Register 
notice of intent (82 FR 43199), the Secretary has selected 13 Tribal 
representatives and 5 Federal representatives for the Committee, for a 
proposed total of 18 members.

Every Student Succeeds Act

    The Every Student Succeeds Act (ESSA) reauthorizes and amends the 
Elementary and Secondary Education Act of 1965 (ESEA). ESEA Section 
8204, as amended by ESSA directs the Secretary of the Interior, in 
consultation with the Secretary of Education, if so requested, to use a 
negotiated rulemaking process to develop regulations for implementation 
of the Secretary of the Interior's responsibility to define standards, 
assessments, and an accountability system for Bureau-funded schools. 
The Committee will recommend regulations that will replace the existing 
regulations at 25 CFR part 30 and implement the Secretary's new 
statutory responsibility to define standards, assessments, and an 
accountability system for Bureau-funded schools consistent with ESEA 
section 1111, as amended, on a national, regional, or Tribal basis, as 
appropriate, taking into account the unique circumstances and needs of 
such schools and the students served by such schools.
    ESEA section 8204 also provides that if a Tribal governing body or 
school board of a Bureau-funded school determines the requirements 
established by the Secretary of the Interior are inappropriate, they 
may waive, in part or in whole, such requirements. Where such 
requirements are waived, the Tribal governing body or school board 
must, within 60 days, submit to the Secretary of the Interior a 
proposal for alternative standards, assessments, and an accountability 
system, if applicable, consistent with ESEA section 1111. The proposal 
will be approved by the Secretary of the Interior and the Secretary of 
Education, unless the proposed standards, assessments, and 
accountability system do not meet the requirements of ESEA section 
1111, taking into account the unique circumstances and needs of such 
school or schools and the students served. Additionally, a Tribal 
governing body or school board of a Bureau-funded school seeking a 
waiver may request, technical assistance from the Secretary of the 
Interior and the Secretary of Education.

Proposed Work of the Committee

    The objectives of the Committee are to represent the interests that 
will be significantly affected by the final regulations, negotiate in 
good faith, and reach consensus, where possible, on recommendations to 
the Secretary for the proposed regulations.
    The Committee will be charged, consistent with ESEA section 8204, 
with developing draft regulations to implement the Secretary's 
responsibility to define the standards, assessments, and an 
accountability system, consistent with ESEA Section 1111, for Bureau-
funded schools. The draft regulations will be considered by the 
Secretary and subject to government-to-government consultation. As a 
part of its deliberations, the Committee will consider the appropriate 
scope of the draft regulations, e.g., national, regional, or Tribal 
basis, as appropriate, taking

[[Page 16807]]

into account the unique circumstances and needs of such schools and the 
students served by such schools, and how BIE will implement such 
regulations.
    The BIE encourages Tribal self-determination in Native education, 
by encouraging governing Tribes or school boards to develop alternative 
standards, assessments, and an accountability system, and by providing 
technical assistance. Therefore, the Committee will also be asked to 
provide recommendations on how the BIE could best provide technical 
assistance under ESEA section 8204 to Tribes who opt to exercise their 
authority to waive in part or in whole the Secretary's definition of 
standards, assessments, and accountability system.
    Since the contemplated regulations must be in place as soon as 
possible, the Committee will be expected to meet frequently within a 
short time frame. The BIE currently anticipates up to four meetings, 
with each meeting lasting two to three days in length. The BIE has 
dedicated resources required to: Ensure the Committee is able to 
conduct meetings, provide technical assistance, and provide any 
additional support required to fulfill the Committee's 
responsibilities.

Proposed Tribal Committee Members

    On September 14, 2017, the BIE published a Federal Register notice 
of intent (82 FR 43199) requesting comments and nominations for Tribal 
representatives for the Committee. The comment period for that notice 
of intent closed October 16, 2017.
    Within the notice, the BIE solicited comments on the proposal to 
establish the Committee, including comments on any additional interests 
not identified. The BIE solicited nominations from Tribes whose 
students attend Bureau-funded schools operated by either BIE or by the 
Tribe through a contract or grant who would be affected by the final 
rule to nominate a representative and alternate to serve when the 
representative is unavailable for membership on the Committee. The BIE 
also invited nominations for Committee members who will adequately 
represent the interests that are likely to be significantly affected by 
the proposed rule such as: Students enrolled, or parents of students 
enrolled at the 174 Bureau-funded schools, school teachers, and 
administrators, Tribes, and Indian communities served by these schools.
    The proposed Committee was selected based upon nominations 
submitted through the process identified in the Federal Register (82 FR 
43199) dated September 14, 2017, under the ``Nominations'' section. The 
Secretary did not consider nominations that were received in any other 
manner or were received after the close of the comment period.
    The Secretary proposes the following Tribal representatives for the 
Committee:

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         Proposed committee member                  Nominated by
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Gloria Coats-Kitsopoulos, Superintendent,   Oglala Sioux Tribe (South
 American Horse School.                      Dakota).
Charles Cuny, Superintendent, Little Wound  Oglala Sioux Tribe (South
 School.                                     Dakota).
Michael Debrieo, Principal, Kha'p'o         Santa Clara Indian Pueblo
 Community School.                           (New Mexico).
Ronald Etheridge, Deputy Executive          Intertribal Council of the
 Director of Education Services, Cherokee    Five Civilized Tribes
 Nation.                                     (Oklahoma).
Leslie Harper-Liberty, Government           Leech Lake Band of Ojibwe
 Relations Specialist, Leech Lake Band of    (Minnesota).
 Ojibwe.
Tommy Lewis, Jr., Superintendent of         National Indian Education
 Schools, Navajo Nation.                     Association (Arizona).
Jennifer Lynn McLeod Tyson, Tribal          Sault Ste. Marie Tribe of
 Councilwoman, Sault Ste. Marie Tribe of     Chippewa Indians
 Chippewa Indians.                           (Michigan).
Patricia Sandoval, Director of Planning     Pueblo of Laguna (New
 and Evaluation, Santa Fe Indian School.     Mexico).
Delima ``Bonnie'' Rose Payer, Teacher,      American Federation of
 Ojibwa Indian School on the Turtle          Teachers (North Dakota).
 Mountain Reservation.
Richard St. Germaine, Commissioner,         Mille Lacs Band of Ojibwe
 Education for the Mille Lacs Band of        (Minnesota).
 Ojibwe.
Sherry Tubby, Exceptional Education         Mississippi Band of Choctaw
 Coordinator, Choctaw Tribal Schools.        Indians (Mississippi).
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    The Secretary proposes the following alternate Tribal 
representatives for the Committee:

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    Proposed alternate committee member             Nominated by
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Lucinda Campbell, Lukachukai Community      Din[eacute] Grant Schools
 Board of Education, Inc..                   Association (Arizona).
Franklin No Runner, Superintendent, St.     Northern Arapaho Business
 Stephens Indian School.                     Council (Wyoming).
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Proposed Federal Committee Members

    The Designated Federal Officer for the Committee will be Ms. Sue 
Bement, Bureau of Indian Education. The Secretary proposes the 
following Federal representatives for the Committee:

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                   Name                              Affiliation
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Jeffrey Hamley, Associate Deputy Director,  Bureau of Indian Education.
 Division of Performance and
 Accountability.
Lora Braucher, Superintendent, Chemawa      Bureau of Indian Education.
 Indian School.
Brian Quint, Attorney-Advisor.............  Office of the Solicitor.
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[[Page 16808]]

    The Secretary proposes the following alternate Federal 
representatives for the Committee:

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                   Name                              Affiliation
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Jimmy Hastings, Education Program           Bureau of Indian Education.
 Administrator.
Brenda Riel, Attorney-Advisor.............  Office of the Solicitor.
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Comments

    The Secretary solicited comments on the proposal to establish the 
Committee and received one response from the National Indian Education 
Association (NIEA) that was submitted through the process identified in 
the Federal Register (82 FR 43199) dated September 14, 2017. The 
Secretary did not consider comments that were received in any other 
manner or were received after the close of the comment period.
    The comments received from NIEA: (1) Support the proposal to form a 
negotiated rulemaking committee, (2) encourage the Secretary to include 
Native educators, researchers, and evaluators on the Committee, and (3) 
encourage the Secretary to ensure that representatives are served by 
Bureau-funded schools.
    Both the Secretary and the BIE believe the proposed representatives 
address NIEA's comments to ensure the Native students are best 
supported and evaluated holistically. The proposed representatives 
carry a wide range of experiences, knowledge, and understanding to 
support Native students both academically and culturally.

Nominations

    If you are a Tribe with Bureau-funded schools, an Indian education 
organization, or an interested individual, we invite you to comment on 
the proposed nominations in this notice or to nominate other persons 
for membership on the Committee. The Committee membership should 
reflect the diversity of Tribal interests, and Tribes should nominate 
representatives and alternates who will:
     Have knowledge of school standards, assessments, and 
accountability systems;
     Have relevant experiences as past or present 
superintendents, principals, teachers, or school board members;
     Are able to coordinate, to the extent possible, with other 
interests who may not be represented on the Committee;
     Are able to represent one or more of the specified 
interests with the authority to embody the views of that or those 
interest(s), communicate with interested constituents, and have a clear 
means to reach agreement on behalf of the interest(s);
     Are able to negotiate effectively on behalf of the 
interest(s) represented;
     Are able to commit the time and effort required to attend 
and prepare for meetings; and
     Are able to collaborate among diverse parties in a 
consensus-seeking process.
    The Secretary will consider nominations for representatives only if 
they are nominated through the process identified in this Notice and in 
the Federal Register Notice of Intent (82 FR 43199). The Secretary will 
not consider any nominations received in any other manner. The 
Secretary will not consider nominations for Federal representatives; 
only the Secretary may nominate Federal employees to the Committee.
    Nominations must include the following information about each 
nominee:
    (1) A current letter from the entity representing one of the 
interest(s) identified supporting the nomination of the individual to 
serve as a representative for the Committee;
    (2) A resume reflecting the nominee's qualifications and experience 
in Indian education; resume to include the nominee's name, Tribal 
affiliation (if applicable), job title, major job duties, employer, 
business address, business telephone and fax numbers (and business 
email address, if applicable);
    (3) The interest(s) to be represented by the nominee identified in 
Section V, in the Federal Register (82 FR 43199) published September 
14, 2017, and whether the nominee will represent other interest(s) 
related to this rulemaking;
    (4) A brief description of how the nominee will represent the views 
of the identified interest(s), communicate with constituents, and have 
a clear means to reach agreement on behalf of the interest(s) they are 
representing; and
    (5) A statement on whether the nominee is only representing one 
interest or whether the expectation is that the nominee represents a 
specific group of interests.
    To be considered, nominations must be received by the close of 
business on the date listed in the DATES section, at the location 
indicated in the ADDRESSES section.

III. Public Disclosure of Comments

    Before including your address, phone number, email address, or 
other personal identifying information in your comment, you should be 
aware that your entire nomination submission--including your personal 
identifying information--may be made publically available at any time. 
While you can ask us in your submission to withhold your personal 
identifying information from public review, we cannot guarantee that we 
will be able to do so.

    Authority: The Elementary and Secondary Education Act of 1965, 
as amended, 20 U.S.C. 6301 et seq.

    Dated: April 9, 2018.
John Tahsuda,
Principal Deputy Assistant Secretary--Indian Affairs, Exercising the 
Authority of the Assistant Secretary--Indian Affairs.
[FR Doc. 2018-07922 Filed 4-16-18; 8:45 am]
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