25 CFR 32.5 Evaluation of implementation of Pub. L. 95-561

§ 32.5

25 CFR Ch. I (4–1–07 Edition)

(z) Eligibility for services. Serve Indian
and Alaska Native students who are
recognized by the Secretary of the Interior as eligible for Federal services,
because of their status as Indians or
Alaska Natives, whose Indian blood
quantum is 1⁄4 degree or more. In the
absence of other available facilities,
children of non-Indian Bureau personnel or other non-eligibles may be
served subject to the provisions of 25
U.S.C. 288 and 289.
(aa) Appropriations. Aggressively seek
sufficient appropriations to carry out
all policies herein established subject
to the president’s budget and the Department’s budgetary process.
§ 32.5 Evaluation of implementation of
Pub. L. 95–561.
The Director, Office Indian Education Programs will develop guidelines for evaluating all functional and
programmatic responsibilities associated with title XI of the Education
Amendments of 1978 (Pub. L. 95–561),
and in the January 1, 1981 annual report, as provided in section 1136, of
Pub. L. 95–561 include a statement of
the specific program toward implementing these policies.

PART 33—TRANSFER OF INDIAN
EDUCATION FUNCTIONS
Sec.
33.1
33.2
33.3
33.4
33.5
33.6
33.7
33.8
33.9
33.10

Definitions.
Policy.
Delegation of authority.
Redelegation of authority.
Area education functions.
Agency education functions.
Implementing procedures.
Realignment of area and agency offices.
Development of procedures.
Issuance of procedures.

AUTHORITY: Sec. 1126, Pub. L. 95–561, Education Amendments of 1978 (92 Stat. 2143,
2391; 25 U.S.C. 2006).
SOURCE: 44 FR 58103, Oct. 9, 1979, unless
otherwise noted. Redesignated at 47 FR 13327,
Mar. 30, 1982.

cprice-sewell on PROD1PC66 with CFR

§ 33.1

Definitions.

(a) Agency means that organizational
unit of the Bureau which provides direct services to the governing body or
bodies and members of one or more
specified Indian Tribes.

(b) Early childhood means education
activities serving the 0 to 8 year old
child, including pre-natal, child care,
kindergarten, homebase, homebound,
and special education programs.
(c) Elementary and secondary education means those programs serving
the child from grade one through grade
twelve.
(d) Operating level means the organizational level at which direct educational services are performed.
(e) Personnel directly and substantially
involved means those persons who provide services which affect the operation of Indian education programs, including (but not limited to) school or
institution custodial or maintenance
personnel, and whose services for Indian education programs require the
expenditure of at least 51 percent of the
employee’s working time.
(f) Post-secondary means education
programs that are provided for persons
past the age for compulsory education
to include continuing education, higher
education, undergraduate and graduate, career and adult education. As
used in this Act, the term Post-Secondary shall include those Bureau of
Indian Affairs programs operated at
Southwestern Indian Polytechnic Institute, the Institute of American Indian
Arts, and Haskell Indian Junior College, and those operated at Tribally
controlled community colleges under
Pub. L. 95–471.
§ 33.2 Policy.
It is the policy of the Department of
the Interior that:
(a) Indian control of Indian affairs in
all matters relating to education shall
be facilitated.
(b) Authority to perform education
functions shall be delegated directly
from the Assistant Secretary-Indian
Affairs to the Director, Office of Indian
Education Programs.
(c) Administrative authority shall be
compatible with program authorities;
and, both shall be delegated to the operating level to assure efficient and effective delivery of education services
to Indian children, youth, and adults.
(d) The Director, Office of Indian
Education Programs shall supervise
the operation of Indian education program personnel at the Arena, Agency,

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