Impact Aid Section 8003
Payments for Federally Connected Children


   Current Section
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Indian Policies and Procedures

Section 8004-Indian Policies and Procedures Relating to Children Residing on Indian Lands

Any LEA that claims children residing on Indian lands for the purpose of receiving funds under section 8003 must establish Indian policies and procedures (IPPs) to ensure that the LEA meets the following requirements:

  1. Give the tribal officials and parents of Indian children an opportunity to comment on whether Indian children participate on an equal basis with non-Indian children in the educational program and activities provided by the LEA;
  2. Assess the extent to which Indian children participate on an equal basis with non-Indian children served by the LEA;
  3. Modify, if necessary, its educational program to ensure that Indian children participate on an equal basis with non-Indian children served by the LEA;
  4. Disseminate relevant applications, evaluations, program plans, and information related to the educational programs of the LEA in sufficient time to allow the tribes and parents of Indian children an opportunity to review the materials and make recommendations on the needs of the Indian children and how the LEA may help those children realize the benefits of the LEA's education programs and activities;
  5. Gather information concerning the Indian community views education issues, including the frequency, location and time of meetings;
  6. Notify the Indian parents and tribes of the locations and times of meetings;
  7. Consult and involve tribal officials and parents of Indian children in the planning and development of the LEA's educational programs and activities; and
  8. Modify the IPPs, if necessary, based upon an assessment by the tribes and parents of the effectiveness of their input regarding the development and implementation of the IPPs.

Waiver Requirements

For any year in which an LEA receives a written statement from the Indian tribe or tribes whose children attend the LEAs schools that the LEA need not comply with the IPP requirements because the tribe(s) is satisfied with the LEA's provision of educational services to such children, the LEA must include the written statement with its application in lieu of IPPs. This statement constitutes a waiver of the IPP requirements of the LEA for that year.


Compliance

The LEA should review its IPPs annually to ensure compliance with statutory and regulatory requirements. The Impact Aid Program also determines whether the LEA is in compliance by periodically reviewing the LEA's documentation of its IPP compliance activities (the LEA must maintain records documenting such activities). The Impact Aid Program offers technical assistance to LEAs, parents and Indian tribes to enable them to carry out the IPPs.

If an Indian tribe whose children attend school in an LEA believes the LEA is not complying with the required IPPs, the tribe may file a complaint with the Secretary of Education against the LEA. Both the LEA and the Indian community will have an opportunity to participate in a hearing. The Secretary will make a final written determination, based on the findings and recommendations of the hearing examiner, describing how the complaint will be resolved.

The Secretary is also charged with enforcing IPP compliance through withholding funds or taking other appropriate actions. The LEA and the Indian community will have an opportunity to express their views prior to any such action.


 
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Last Modified: 06/19/2006