[Federal Register Volume 85, Number 197 (Friday, October 9, 2020)]
[Proposed Rules]
[Pages 64090-64091]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-21972]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs

43 CFR Part 17


Bureau of Indian Education: National Policy Memorandum on Section 
504 of the Rehabilitation Act of 1973 (NPM-EDUC-33)

AGENCY: Bureau of Indian Education, Interior.

ACTION: Notification of Tribal consultation.

-----------------------------------------------------------------------

SUMMARY: This document announces that the Bureau of Indian Education 
(BIE) will be conducting consultation meetings by webinar to obtain 
oral and written comments on the BIE National Policy Memorandum (NPM-
EDUC-33), which is an interim policy, applicable to BIE-operated 
elementary and secondary schools and dormitories, on the 
nondiscrimination prohibitions based on disability found in Section 504 
of the Rehabilitation Act of 1973, as amended, and the Department's 
implementing regulations. The Department will use comments received 
during consultation to inform its development of a final Section 504 
policy for BIE-operated elementary and secondary schools and 
dormitories.

DATES: Written comments must be received on or before November 27, 
2020, 11:59 p.m. EST. See SUPPLEMENTARY INFORMATION section for 
scheduled dates and links to register for each webinar meeting.

ADDRESSES: Mail or hand-deliver written comments to Tracie Atkins, 
Bureau of Indian Education, 1001 Indian School Road, Albuquerque, NM 
87104. Submissions by facsimile should be sent to (505) 563-3043. 
Written comments can also be emailed to [email protected].

FOR FURTHER INFORMATION CONTACT: Tracie Atkins, BIE 504 Program 
Coordinator, (202) 893-3553 or [email protected].

SUPPLEMENTARY INFORMATION: The purpose of the consultation is to 
provide Indian Tribes, school boards, parents, Indian organizations and 
other interested parties with an opportunity to comment on the BIE 
National Policy Memorandum (NPM-EDUC-33), which is an interim policy, 
applicable to BIE-operated elementary and secondary schools and 
dormitories, on the nondiscrimination prohibitions based on disability 
found in Section 504 of the Rehabilitation Act of 1973, as amended, 29 
U.S.C. 794 (Section 504) and the Department's implementing regulations

[[Page 64091]]

at 43 CFR 17.501-17.570 (Subpart E). NPM-EDUC-33 explains how
    BIE-operated schools will implement the Subpart E regulations and 
outlines ways in which BIE will be able to identify, assess, and 
provide eligible students with disabilities appropriate educational 
services within the meaning of Section 504.
    The Department will use comments received during consultation to 
inform its development of a final Section 504 policy for BIE-operated 
elementary and secondary schools and dormitories. The proposed 
consultation topics are: (1) Qualifying for Section 504 protections, 
(2) Program Accessibility, (3) Identification of Students with 
Disabilities, (4) Development and contents of a Section 504 
Individualized Accommodation Plan (IAP), (5) Section 504 and 
Discipline: Manifestation Determination, (6) and Compliance Procedures: 
Filing a complaint.
    BIE will conduct two consultation sessions through telephonic 
webinar with a Tribal representative or their designee, and school 
boards, parents, teachers, and other public stakeholders. The following 
table lists dates and consultation teleconference webinar registration 
information. After registering, you will receive a confirmation email 
containing information about joining the meeting.

----------------------------------------------------------------------------------------------------------------
             For                         Dates                  Time (EDT)            To register for webinar
----------------------------------------------------------------------------------------------------------------
Tribes.......................  November 9 and 10, 2020.  4 p.m.-5 p.m............  Register in advance for this
                                                                                    meeting: https://us02web.zoom.us/meeting/register/tZcvc-6vrjwpHdOA4NqtOhjmn4Wrcp9L8swF wF.
Public.......................  November 9 and 10, 2020.  5 p.m.-6 p.m............  Register in advance for this
                                                                                    meeting: https://us02web.zoom.us/meeting/register/tZcvc-6vrjwpHdOA4NqtOhjmn4Wrcp9L8swF wF.
----------------------------------------------------------------------------------------------------------------

    The Tribal consultation presentation and a copy of NPM-EDUC 33 can 
be found at https://www.bia.gov/sites/bia.gov/files/assets/public/raca/national_policy_memoranda/pdf/NPM-EDUC-33_Section-504_FINAL_Signed_IssueDate_508.pdf.
    The BIE strongly recommends reviewing the NPM prior to attending a 
consultation session or submitting written comments in order to provide 
meaningful feedback.

Public Comment Availability

    Comments, including names, street addresses, and other contact 
information of respondents, will be available for public review at the 
address listed under the ADDRESSES section during regular business 
hours (8 a.m. to 4:30 p.m. EST), Monday through Friday, except Federal 
holidays. Individual respondents may request confidentiality. If you 
wish us to withhold your name, street address, and other contact 
information (such as fax or phone number) from public review or from 
disclosure under the Freedom of Information Act, you must state this 
prominently at the beginning of your comment. We will honor your 
request to the extent allowable by law. We will make available for 
public inspection in their entirety all submissions from organizations 
or businesses, and from individuals identifying themselves as 
representatives or officials of organizations or businesses.

Authority

    This document is published in accordance with the authority 
delegated by the Secretary of the Interior to the Assistant Secretary--
Indian Affairs by 209 DM 8.1.

Tara Sweeney,
Assistant Secretary--Indian Affairs.
[FR Doc. 2020-21972 Filed 10-8-20; 8:45 am]
BILLING CODE 4337-15-P