25 CFR 32 - Indian Education Policies

Bureau of Indian Affairs, Interior

§ 32.2

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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delity 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.
(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 fi-

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:
(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

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§ 32.3

25 CFR Ch. I (4–1–10 Edition)

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 culture 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.
§ 32.3

Mission statement.

Recognizing the special rights of Indian Tribes and Alaska Native entities
and the unique government-to-government relationship of Indian Tribes and
Alaska Native villages with the Federal Government as affirmed by the

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Bureau of Indian Affairs, Interior

§ 32.4

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United States Constitution, U.S. Supreme Court decisions, treaties, Federal statutes, and Executive Orders,
and as set out in the Congressional declaration in sections 2 and 3 of the Indian Self-Determination and Education
Assistance Act (Pub. L. 93–638; 88 Stat.
2203; 25 U.S.C. 450 and 450a), it is the responsibility and goal of the Federal
government to provide comprehensive
education programs and services for Indians and Alaska Natives. As acknowledged in section 5 of the Indian Child
Welfare Act of 1978 (Pub. L. 95–608; 92
Stat. 3069; 25 U.S.C. 1901), in the Federal Government’s protection and preservation of Indian Tribes and Alaska
Native villages and their resources,
there is no resource more vital to such
Tribes and villages than their young
people and the Federal Government has
a direct interest, as trustee, in protecting Indian and Alaska Native children, including their education. The
mission of the Bureau of Indian Affairs,
Office of Indian Education Programs, is
to provide quality education opportunities from early childhood through life
in accordance with the Tribes’ needs
for cultural and economic well-being in
keeping with the wide diversity of Indian Tribes and Alaska Native villages
as distinct cultural and governmental
entities. The Bureau shall manifest
consideration of the whole person, taking into account the spiritual, mental,
physical and cultural aspects of the
person within family and Tribal or
Alaska Native village contexts.
§ 32.4 Policies.
In carrying out its Education mission, the Assistant Secretary for Indian Affairs through the Director shall:
(a) Policy making. (1) Assure that no
new policy shall be established nor any
existing policy changed or modified
without consultation with affected
Tribes and Alaska Native Government
entities.
(2) Be guided in policy formulation
and funding priorities, including the
proposing and awarding of contracts
and grants, by periodic and systematic
consultation with governing bodies of
Tribes and Alaska Native entities.
(3) Ensure that Indian Tribes and
Alaska Native entities fully exercise
self-determination and control in plan-

ning, priority-setting, development,
management, operation, staffing and
evaluation in all aspects of the education process.
(4) Ensure that each agency or local
school board shall be authorized and
empowered to function as the policy
making body for the school, consistent
with the authority granted by the
tribes or Alaska Native entity(ies)
served by the school(s).
(b) Student rights. Ensure the constitutional, statutory, civil and human
rights of all Indian and Alaska Native
students, and respect the role of Tribal
judicial systems where appropriate including, for example, ensuring that
students have the right to be free from
cruel and unusual punishment and that
all disciplinary procedures shall be
consistent with appropriate customs
and practices of the appropriate Indian
Tribe or Alaska Native village.
(c) Equity funding. Assure that resources for all education programs are
equitably distributed for the benefit of
all Indian and Alaska Native students,
taking into account special educational needs where they exist, as further described in part 39 of this subchapter.
(d) Direction of programs. Ensure that
the education function be structured in
such a manner that all matters relating to the operation of education programs be administered by or be under
the direction of education personnel.
(e) Respect for family. Promote, respect and defend the cohesiveness and
integrity of the family, and Tribal and
Alaska Native community, as they relate to the educational and social prerogatives of the Tribes and Alaska Native entities.
(f) Religious freedom. Promote and respect the right to cultural practices
and religious freedom for all students,
consistent with Tribal and Alaska Native entities’ wishes and with the provisions of the American Indian Religious Freedom Act (92 Stat. 469; Pub.
L. 95–341; 42 U.S.C. 1996).
(g) Tribal rights regarding governing
bodies and planning. (1) Develop in consultation with Tribes and Alaska Native entities a plan to include their direct involvement in short and longrange planning of Bureau operated

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§ 32.4

25 CFR Ch. I (4–1–10 Edition)

post-secondary schools through the formation of policy making governing
boards.
(2) Encourage and defend the right of
the Tribes and Alaska Native entities
to govern their own internal affairs in
all matters relating to education, and
their right to determine the equitable
and appropriate composition of governing boards at Bureau off-reservation
and post-secondary schools.
(h) Multilingual education. Provide for
a comprehensive multicultural and
multilingual educational program including the production and use of instructional materials, culturally appropriate methodologies and teaching
and learning strategies that will reinforce, preserve and maintain Indian
and Alaska Native languages, cultures,
and histories which school boards,
Tribes and Alaska Native entities may
utilize at their discretion.
(i) Choice of school. Afford Indian and
Alaska Native students the opportunity to attend local day schools and
other schools of choice and the option
to attend boarding schools when the
student and parent or guardian determine it is in the student’s best interest
and consistent with the provisions of
the Indian Child Welfare Act of 1978
(Pub. L. 95–608) except that, residential
schools shall not be used as substitutes
for providing adequate local family social services. Each school shall establish its attendance area in cooperation
with neighboring schools.
(j) Tribal education plans. Assist
Tribes and Alaska Native entities at
their request in the development of Departments of Education, education
codes, and comprehensive education
plans.
(k) Advocacy and coordination. (1)
Serve as an advocate for Indian Tribes
and Alaska Native entities in education matters before the Federal,
State and local governments.
(2) Assume an assertive role in coordinating comprehensive support for
Indian and Alaska Native students internally and from other agencies in
education, mental and physical health,
juvenile justice, job training, including
apprenticeship programs and other related Federal, State and local programs and services.

(3) Serve as an advocate and carry
out responsibilities for Indian and
Alaska Native students in public and
other non-Bureau operated schools consistent with the wishes of the appropriate Indian Tribes and Alaska Native
entities, particularly in regard to Impact Aid (Pub. L. 81–874), JohnsonO’Malley, and all Elementary and Secondary Education Act programs.
(l) Student assessment. Establish and
maintain a program of research and development to provide accurate and culturally specific assessment instruments to measure student performance
in cooperation with Tribes and Alaska
Native entities.
(m) Recruitment of Indians. Adopt procedures to insure that qualified Indian
and Alaska Native educators are recruited for positions appropriate to
their cultural background and qualifications.
(n) Priorities in contracts and grants.
Provide financial support through contracts, grants or other funding mechanisms with first priority given to the
Tribes and Alaska Native entities,
Tribal organizations, Tribally controlled community colleges, and Indian
or Alaska Native professional or technical assistance organizations which
have the sanction of the benefitting
Tribes and Alaska Native entities.
(o) Community school concept. Promote the community school concept by
encouraging year around multi-use of
educational facilities, equipment and
services for Tribal, Alaska Native village, and community development.
(p) Education close to home. Provide
day and residential educational services as close to an Indian or Alaska Native student’s home as possible, except
when a student elects to attend a
school elsewhere for specialized curricular offerings or services.
(q) Tribal notification and involvement
and program flexibility. (1) Notify Indian
Tribes and Alaska Native entities of
proposed, pending or final Federal legislation, appropriations, Solicitor’s and
Attorney General’s opinions and court
decisions affecting Indian and Alaska
Native education for the purposes of information and consultation, providing
them ready access at the local level to
all evaluations, data records, reports

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Bureau of Indian Affairs, Interior

§ 32.4

and other relevant information, consistent with the provisions of the Privacy and Freedom of Information Acts.
(2) Implement rules, regulations, procedures, practices, and standards to insure flexibility in the exercise of local
Tribal or Alaska Native village options, and provide for input in periodic
reviews, evaluations, and revisions to
meet
changing
needs
and
circumstances.
(r) Career and higher education. (1) Ensure to the extent possible that all students who choose to pursue career and
post-secondary education, including
but not limited to, undergraduate and
graduate programs, or preparation for
skilled trades, receive adequate academic or other preparation, at the
schools of their choice, assuring that
students are provided adequate support
services to enable them to meet their
educational goals.
(2) Extend to Tribes and Alaska Native entities the prerogative of determining those critical professions and
fields of study in post-secondary education which are of the highest priority
to meet their economic and cultural
goals.
(s) Planning, maintenance and use of
facilities. (1) Ensure that the needs of
the students and Tribal or Alaska Native community will receive first priority in the planning, design, construction, operation and maintenance of Bureau schools and residential facilities,
rather than other considerations, such
as ease of maintenance, and that these
facilities assure a supportive environment for learning, living and recreation.
(2) Maintain all school and residential facilities to meet appropriate Tribal, State or Federal safety, health and
child care standards. If a conflict exists
in these standards, the Federal standard shall be followed; in the absence of
a Federal standard, the Tribal standard
shall be followed. In case of conflict,
any such Tribal health or safety standards shall be no greater than any otherwise applicable State standard.
(t) Alternative, innovative and exemplary programs. Vigorously encourage
and support alternative, innovative
and exemplary programs reflecting
Tribal or Alaska Native village specific
learning styles, including but not lim-

ited to, parent-based early childhood
education programs, adult and vocational technical education, library and
media services, special education including programs for handicapped, gifted and talented students, summer programs, and career development.
(u) Training. Provide support and
technical assistance at all levels for
the training of duly sanctioned Tribal
and Alaska Native education representatives involved in educational decisionmaking, including pre-service and inservice training for educators.
(v) Tribally controlled community colleges. Assist Tribes and Alaska Natives
in their planning, designing, construction, operation and maintenance of
Tribally controlled community colleges, consistent with all appropriate
legislation. (See part 41 of this subchapter.)
(w) Equal opportunity. Establish and
enforce policies and practices to guarantee equal opportunity and open access to all Indian and Alaska Native
students in all matters relating to
their education programs consistent
with the provisions of the Privacy and
Freedom of Information Acts.
(x) Accountability, evaluation of MIS.
(1) Enforce a strict standard of fiscal,
programmatic and contract accountability to the Tribes and Alaska Native
entities and assist them in the development of their own standards of accountability and carry out annual evaluations of all Bureau-operated or funded education programs.
(2) Provide and make available a
computerized management information
system which will provide statistical
information such as, but not limited
to, student enrollment, curriculum,
staff, facilities, student assessments
and related educational information.
(y) Accreditation. (1) Encourage and
assist all Bureau and contract schools
to attain appropriate State, regional,
Tribal or national accreditation.
(2) Assist and promote the establishment of Indian regional and/or national
accrediting associations for all levels
of Indian Education.
(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

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§ 32.5

25 CFR Ch. I (4–1–10 Edition)

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.

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§ 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,
and the three Bureau of Indian Affairs
post-secondary institutions.
(e) Indian Education program functions to be performed at the Area office
level shall include those dealing with

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