25 CFR 32 Indian Education Policies

Bureau of Indian Affairs, Interior

§ 32.2

facilities available, tuition fees may be
charged for such enrollment at the discretion of the superintendent or other
officer in charge provided such fees
shall not exceed the tuition fees allowed or charged by the State or county in which such school is located for
the children admitted in the public
schools of such State or county.
(34 Stat. 1018, 35 Stat. 783, 40 Stat. 564; 25
U.S.C. 288, 289, 297)
[29 FR 5828, May 2, 1964]

§ 31.4

Compulsory attendance.

Compulsory school attendance of Indian children is provided for by law.
(60 Stat. 962; 25 U.S.C. 231)
CROSS REFERENCE: For penalties for the
failure of Indians to send children to school
and for contributing to the delinquency of
minors, see § 11.424 of this chapter.

§ 31.6

[26 FR 10637, Nov. 14, 1961]

PART 32—INDIAN EDUCATION
POLICIES

Coercion prohibited.

There shall be no coercion of children
in the matter of transfers from one
school to another, but voluntary enrollment should be effected through
maintenance of Federal Indian schools
or programs which suit the needs and
interests of the areas in which they are
located.
(Sec. 1, 29 Stat. 348; 25 U.S.C. 287)

§ 31.7 Handling of student funds in
Federal school facilities.

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(b) Appropriate safekeeping facilities
shall be provided for all student personal and group funds and for the accounting or bookkeeping records.
(c) Employees handling student funds
in cumulative amounts in excess of $100
shall be covered by a comprehensive fidelity bond the penal sum of which
shall be appropriately related to fund
amounts handled.
(d) Student funds accumulated in excess of the amount authorized for operating purposes by the plan of operation
shall be deposited in federally insured
depositories.
(e) Periodic administrative inspections and financial audit of student
fund operations shall be conducted by
authorized Bureau personnel.

The Secretary or his authorized representative may authorize officials and
employees of the Bureau of Indian Affairs to accept and to disburse deposits
of funds of students and student activity associations in schools operated by
the Bureau in accordance with the purposes of such deposits. The following
steps shall be taken to safeguard these
funds:
(a) A written plan of operation shall
be developed by the membership of
each student activity group. The plan
of operation subject to the approval of
authorized officials shall outline procedures and provide for a system of accounting for the student funds commensurate with the age and grade level
of the students yet adequate for financial control purposes and shall stipulate the maximum operating capital of
activity.

Sec.
32.1 Purpose and scope.
32.2 Definitions.
32.3 Mission statement.
32.4 Policies.
32.5 Evaluation of implementation of Pub.
L. 95–561.
AUTHORITY: Secs. 1130 and 1133 of Title XI
of the Education Amendments of 1978 (92
Stat. 2143, 2321 and 2325, Pub. L. 95–561; 25
U.S.C. 2010 and 2013).
SOURCE: 44 FR 58098, Oct. 9, 1979, unless
otherwise noted. Redesignated at 47 FR 13327,
Mar. 30, 1982.

§ 32.1

Purpose and scope.

The purpose of this part is to state
the policies to be followed by all
schools and education programs under
the jurisdiction of the Bureau of Indian
Affairs. Contract schools operated by
Indian Tribes or Alaska Native entities
may develop their independent policies, consistent with contractual obligations, or adhere to these. The adherence to the appropriate policies shall
reflect the best interests of the student, the Federal government, the
Tribes and Alaska Native entities, and
shall be based on educationally sound
judgment.
§ 32.2

Definitions.

As used in this part, the term:

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§ 32.2

25 CFR Ch. I (4–1–07 Edition)

(a) Agency School Board means a
body, the members of which are appointed by the school boards of the
schools located within such agency,
and the number of such members shall
be determined by the Director in consultation with the affected Tribes or
Alaska Native entities except that, in
agencies serving a single school, the
school board of such school shall fulfill
these duties.
(b) Alaska Native means an Indian,
Eskimo, or Aleut who is a member of
an Alaska Native entity.
(c) Alaska Native Entity means any
Alaska Native village or regional or
village corporation as defined in or established pursuant to the Alaska Native Claims Settlement Act (85 Stat.
688; 43 U.S.C. 1601 et seq.).
(d) Alaska Native Village means any
Native village as defined in section 3(c)
of the Alaska Native Claims Settlement Act (85 Stat. 689; 43 U.S.C. 1602
(c)).
(e) Boarding school, hereinafter referred to as residential school, means a
Bureau school offering residential care
and support services as well as an academic program.
(f) Bureau means the Bureau of Indian Affairs of the Department of the
Interior.
(g) Consultation means a conferring
process with Tribes, Alaska Native entities, and Tribal organizations on a
periodic and systematic basis in which
the Bureau and Department officials
listen to and give effect, to the extent
they can, to the views of these entities.
(h) Contract school means a school
(other than a public school) which is
Tribally operated and aided by a financial assistance contract with the Bureau.
(i) Day school means a Bureau school
offering an academic program and certain support services such as counseling, food, transportation, etc., but
excluding residential care.
(j) Director means the Director, Office
of Indian Education Programs, Bureau
of Indian Affairs.
(k) Early childhood education means
comprehensive education activities
with continuity of educational approach for children ages 0–8 years and
their families, appropriate for their
age, development, language and cul-

ture which supplement and support
usual family responsibilities for child
growth and development. They are coordinated with, but do not supplant,
existing educational, health, nutritional, social and other necessary services.
(l) Exceptional Education Programs
mean the provision of services to those
children who are identified as handicapped and have been found to meet
the criteria of handicapped as defined
in Pub. L. 94–142, and programs for gifted and talented students.
(m) Indian means a member of an Indian Tribe.
(n) Indian Organization means any
group, association, partnership, corporation, or other legal entity owned
or controlled by a federally recognized
Indian Tribe or Tribes, or a majority of
whose members are members of federally recognized Indian Tribes.
(o) Indian Tribe or Tribe means any
Indian tribe, band, nation, rancheria,
pueblo, colony, or community which is
recognized as eligible for the special
programs and services provided by the
United States to Indians because of
their status as Indians.
(p) Local school board, when used with
respect to a Bureau school, means a
body chosen in accordance with the
laws of the Tribe or Alaska Native entity to be served or, in the absence of
such laws, elected by the parents of the
Indian children attending the school,
except that in schools serving a substantial number of students from different Tribes or Alaska Native entities
the members shall be appointed by the
governing bodies of the Tribes and entities affected; and, the number of such
members shall be determined by the
Director in consultation with the affected Tribes and entities.
(q) Post-secondary education means
any education program beyond the age
of compulsory education, including
higher education, career, vocational,
and technical.
(r) Tribal Organization means an organization composed of or duly representing Tribal governments which
may be national or regional in scope
and function.

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