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Indian Education Procedural Directive

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The following Procedural Directive is implemented to give effect to the Board of Education of the Albuquerque Public Schools Policy K.10 and fulfill the requirements of applicable state and federal statutes and regulations relating to Indian Education.

Definitions

“Tribe” means an Indian nation, tribe or pueblo located within New Mexico.

“Tribal Official” means any official of a tribe a) any part of whose jurisdictional boundaries include areas also found within the boundaries of APS, or b) which has entered into an agreement with APS to provide education to children of that tribe, which official has been designated by the tribe to act as its agent in dealing with APS.

“Title VII” refers to 20 USC §7401, et seq.

“Title VIII” refers to 20 USC §7701 et seq.

Responsibilities of the Title VII Indian Parent Committee (IPC)

The responsibilities of the committee is as set forth in the Bylaws as may be amended from time to time.  A Copy of the Bylaws is attached hereto.

Opportunity to Comment by Tribal Officials and Parents

Tribal Officials and parents of Indian children will be provided an opportunity to comment on the participation of Indian children on an equal basis in all programs and activities offered by APS.

The APS Superintendent and/or Director of the Indian Education Department will meet annually with Tribal Officials, parents of Indian children, and staff.  The purpose of these meetings will be to inform and to address comments and concerns regarding Indian children’s equal participation in the educational programs of the District.  See:  34 CFR 222.94(a) (1)

Generally, at least the following meetings will occur annually:

  • APS’ Indian Parent Committee meeting in September.
  • The APS Board of Education public hearing on Title VIII Indian policies and procedures (usually held in January).  This meeting of the APS Board may also serve to meet the requirements of Title VII.

Other meetings may be requested or organized by the Indian Parent Committee, Tribal Officials, or parents of Indian children.

Annual Participation Assessment

APS will annually assess the extent to which Indian students are participating on an equal basis in the educational programs and activities, including extra curricular and co-curricular activities, of the District.  The data to be reviewed will include the state and local accountability reports and the annual APS Indian Education Report.  The Indian Parent Committee and APS Indian Education Department staff will review parent and student input and surveys prior to the preparation of the Title VII request, and Title VIII Impact Aid request, as well as other Indian Education programs.  Information regarding this input will be discussed at the public hearing for the Title VII, and Title VIII, usually held in January.  APS will use that information to assess the effectiveness of Indian community input regarding the participation of Indian children in the District’s education program and activities and the development and implementation of the Indian Policies and Procedures, and for modifying, if necessary, the District’s Indian Policies and - Procedural Directive.

Modifications If Necessary to Ensure Equal Participation — Indian Parent Committee Input

When data indicate that Indian students do not participate on an equal basis with non-Indian students in the educational programs of the District, or that Indian students are not making appropriate progress, the Indian Parent Committee will:

  • Recommend a plan to the APS Superintendent or Board; or
  • Make suggestions to the APS Superintendent or Board to modify the educational programs or provide services in order to attain equal participation or appropriate progress.

Disseminate Timely Material Related to the Education Programs to Allow Time to Review and Make Recommendations

The following materials will annually be disseminated to Tribal Officials whose jurisdictional boundaries include areas within the boundaries of APS or which has entered into an agreement with APS to provide education to children of that tribe and parents of Indian students who attend APS:

  • Title VIII Application.  The complete Title VIII Application will be sent to Tribal Officials whose jurisdictional boundaries include areas within the boundaries of the APS, or which the boundaries of APS, and a summary prepared for all parents of Indian students who attend APS in conjunction with the Title VIII public hearing, which is usually held in January. The Indian Parent Committee formed pursuant to the Indian Education Act and APS Indian Education Department staff will review parent and student input and surveys prior to the preparation of the Impact Aid – Title VIII application.  Information regarding this input will be discussed at the public hearing for the new Title VIII application at the public hearing usually held in January.  It is expected that Impact Aid Applications will list these tribes: Acoma, Cochiti, Isleta, Jemez, Laguna, Pojoaque, Sandia, San Felipe, San Ildefonso, Santa Ana, Santo Domingo, Taos, Zia Pueblos, Jicarilla Apache and Tohajiilee (Canoncito Navajo).
  • Evaluation of programs assisted with Title VII, and VIII, funds.  Review of new or continuing programs is an on-going process of the Superintendent and Board of Education.  Agendas will be regularly forwarded to Tribal Officials.  An annual summary will be provided at the January Title VIII public hearing.
  • Program plans and information related to the education programs of the District
  • Assessment data for Indian students and non-Indian students in the District.

Adequate time and opportunity will be provided for Tribal Officials and the Indian Parent Committee and the parents of Indian students who attend APS to present views and comments regarding the disseminated documents.  A Board meeting will be held, usually in January, for the discussion of the disseminated material as part of a regular Board of Education agenda.  Tribal Officials and parents of Indian students who attend APS and staff will be notified at least ten (10) days prior to the meeting.  Notice will be posted in the APS District Office and will be sent to the Tribal Council or Tribal Education Departmentof any tribe whose jurisdictional boundaries include areas within the APS boundaries, or which has entered into an agreement with APS to provide education to children of that tribe.

Solicitation of Indian Views

APS will solicit information from Tribal Officials and parents of Indian students who attend APS on Indian views, including views regarding the frequency, location and time of meetings.

At the Board of Education of APS meeting described in the procedure for dissemination of materials, above, members of the Indian community will be afforded the opportunity to comment and suggest alternatives to the regularly scheduled times, locations, and frequency of pertinent meetings.

The Director of the APS Indian Education Department will designate an IPC member to attend APS budget hearings and Equity Council meetings.

The Director of the APS Indian Education Department will assist the IPC in conducting meetings regarding Title VIII – Impact Aid, and Title VII. The APS Indian Education Department will provide opportunity for Indian tribes and parents of Indian students who attend APS to provide direct input to the Director of the Indian Education Department of APS.

The APS Indian Education Department will conduct needs assessment surveys as required to meet federal guidelines.

Notification of Meetings

In addition to issuing the public notices required by the Open Meetings Act, APS will notify Tribal Officials, parents of Indian students who attend APS, the I P C and Tribal Education Department staff of the location and times of meetings in the same manner as that provided for the January Board of Education of APS meeting.  Notice will be posted in the APS District Office, and will also be sent to the Tribal Councils and the Tribal Education Departments.

Consultation in Planning and Development of Educational Programs

APS will actively consult with and regularly involve the IPC, as well as interested Tribal Officials, and parents of Indian students who attend APS, in the planning and development of educational programs assisted with Title VIII funds.

The Title VIII application will be available for review by the IPC and other interested members of the Indian community prior to the public meeting generally held in January.

Discussion of equal participation of Indian students will generally be held in January at a Board of Education of APS meeting.  The IPC and interested parents of Indian students who attend APS and Tribal Officials will review assessment data to develop or modify educational programs or services so as to allow participation of Indian students on an equal basis.  These findings and recommendations will be presented to the Board in March, or as required by federal guidelines.

Assessment and Modification of Policy and Procedures

Tribes and parents of Indian children who attend APS may assess the effectiveness of their input regarding the participation of Indian children in APS programs and activities and the development and implementation of these procedures and Board Policy K.10, and share the results of that assessment with APS, including proposing any modification to that policy or these procedures.  The APS Indian Education Department may also monitor the application and implementation of these policies, and may propose modifications to either the policy or the procedures to the Superintendent and Board of Education of APS, who may consider the proposals and take appropriate action.

Members of the Indian community, tribal officials, and members of the IPC, and APS staff will be notified of modifications to programs or services which result from the review of assessment data and recommendations to the Board of Education of APS.

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