Indian Education Policies and Procedures (2022 School Year) - December 2020 Revision

This procedural directive was updated in January 2022 for the 2022-2023 school year and is posted here for historical purposes.

Indian Policies and Procedures
Albuquerque Public School District
2022 School Year

It is the intent of the Albuquerque Public School District (APS) that all Native American children of school age have equal access to all programs, services and activities offered within the school district as specified in the Board of Education’s policy IH9. It is the purpose of the Indian Policies and Procedures (IPP) to establish a framework for a shared involvement and relationship with the Navajo Nation and the Pueblos of Acoma, Cochiti, Isleta, Jemez, Laguna, Sandia, San Felipe, Santa Ana, Santo Domingo, Zia and Tohajiilee (Canoncito Navajo) (All within a 50-mile radius of the school district) to develop and assess educational programs and activities offered by APS and to ensure that all school-age children enrolled[1]1 in the district as well as families, guardians, and tribes have the opportunity for equal participation.

The IH9 states; INDIAN EDUCATION: The Board of Education of the Albuquerque Public Schools recognizes the importance of Native American students maintaining their traditions and values while obtaining educational skills to enable them to be responsible and productive students and members of society. The Board of Education desires to ensure educational opportunities for all students, including Native American students. The Board of Education shall foster cooperation and maintain an open line of communication with tribal governments whose jurisdictional boundaries include areas within the Albuquerque Public Schools boundaries to verify, in accordance with state and federal law, which tribes agree with Albuquerque Public Schools Indian Education policies and procedures. The Superintendent, or his/her designee, shall draft appropriate Procedural Directives to implement this policy and assure compliance with state and federal Indian Education laws.

To this end, the Albuquerque Public School District will consult with local tribal officials and parents of Native American children in the planning and development of Indian Policies and Procedures (IPPs), general education programs, and activities. Consultation meetings with Tribal Officials and parents of Native American children are ongoing.

These policies and procedures will be reviewed annually and revisions will be made within 90 days of the determination of the changes. When data indicates that Native American students do not participate on an equal basis with non-Native American students in the educational programs of the District, or that Native American students are not making appropriate progress, the Indian Parent Committee and Tribal Leaders 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.

In addition, it is APS’s intent in adopting these IPPs to comply fully with all requirements of federal and state law, including Title VII of the Elementary and Secondary Education Act of 1965, the New Mexico Indian Education Act, NMSA 1978, “22-23A-1, et seq., and regulations promulgated pursuant to these acts, including 34 C.F.R.222.94.

This IPP provides guidance in establishing a mutually beneficial relationship between the District and the Tribes and upholds the best practices of collaborative accountability and responsibility for the identification of priority programs and services for the support of the academic, social and educational needs of Native American children.

Attestations

The Albuquerque Public School District attests that it has established Indian Policies and Procedures (IPPs) as required in section 7004 of the Impact Aid law for any children claimed who reside on eligible Indian lands.  The IPP have been adequately disseminated to the tribes and parents of children residing on eligible Indian lands. A copy of the current policies and procedures was attached to the FY 2021 Impact Aid application.

The Albuquerque Public School District attests that it will provide a copy of written responses in an Executive Summary to include comments, concerns and recommendations received from tribal leaders and parents of Native American children. The Indian Policies and Procedures consultation process will be the method for dissemination of these responses to tribal leaders and parents of Native American children prior to the submission of the FY 2022 Impact Aid application.

Indian Policies and Procedures

The following Indian Policies and Procedures become effective upon the Albuquerque Public Schools Board of Education approval.

Policy 1:

The Albuquerque Public Schools will disseminate relevant applications, evaluations, program plans and information related to the LEA's education program and activities with sufficient advance notice to allow tribes and parents of Native American children the opportunity to review and make recommendations. [34 CFR 222.94(a)(1)]

Procedure 1:

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

Generally, the following meetings will occur annually:

• APS’ Indian Parent Committee’s monthly meetings.
• APS’ Indian Education Committee’s quarterly meetings.
• The APS Board of Education will hold a public hearing on Title VII Indian Policies and Procedures in the fall of each year. Other meetings may be requested or organized by the Indian Parent Committee, Tribal Officials, or parents of Native American children.
• Tribal Leaders Consultation Summits (one in the fall and one in the spring of each year).
• The monthly Impact Aid/IPP meetings.
• The Impact Aid Public Hearing during fall each year to review the IPP, source checks and the application.

The District Administrator/designee will, as soon as reasonably possible after such information becomes available, but not later than one week in advance of any meeting, mail to  Native American  parents and Tribal officials a copy of the following materials via regular mail and electronic mail to 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 Native American students who attend APS:

• Impact Aid/ Title VII FY 2022 application; The completed Title VII Application will be available to Tribal Officials whose jurisdictional boundaries include areas within a 50-mile radius of APS boundaries and a summary prepared for all parents of Native American students who attend APS in conjunction with the Title VII public hearing, which is usually held in the spring of each year. The Impact Aid application and related fiscal information including budgets and expenditures will be reported during the monthly Impact Aid IPP meetings with Tribal Leaders.
• The Indian Parent Committee and APS Indian Education Department will review parent and student surveys prior to the preparation of the Impact Aid – Title VII application. Information regarding this input will be discussed at the public hearing for the new Title VII application at the public hearing in the fall of each year. It is expected that Impact Aid Applications will list the following tribes: Acoma, Cochiti, Isleta, Jemez, Laguna, Sandia, San Felipe, Santa Ana, Santo Domingo, Zia and Tohajiilee (Canoncito Navajo) (All within a 50-mile radius of the school district).
• Evaluation of all educational programs. Review of new or continuing programs is an on-going process of the Superintendent and Board of Education. Agendas will be available for review on the District and the Indian Education website. An annual summary of the Tribal Education Status Report (TESR) will be provided at the fall Tribal Summit.  
• Plans for education programs the District intends to initiate or eliminate. Plans are presented prior to completion and submittal of the Johnson O’Malley and Title VI applications and during a public hearing for each application.
• Assessment data for Native American students and non-Native American students in the District can be accessed on the district website from the Office of Strategic Analysis & Program Research. Another data information specific to Native American students is the Tribal Education Status Report (TESR) and found on the APS Indian Education Department and the New Mexico Public Education websites.  The TESR is mailed to all tribal administration departments across the nation whose members are enrolled in the school district.
• Parents of Native American children, tribal officials and the public are given notice of all meetings related to equal participation or the content of the educational program by including information about meeting times and locations through the Parent Messenger, an automated messaging system for the district. The location, date and time of any meeting described above is posted in the same manner as a legally posted Board of Education meeting.
• Adequate time and opportunity will be provided for Tribal Officials and the Indian Parent Committee and the parents of Native American students who attend APS to present views and comments regarding the disseminated documents to the APS Indian Education Department including during the Bi-Annual Tribal Leaders’ Summit. A Board of Education meeting will be held, usually in fall of each year, for the discussion of the disseminated material as part of a regular Board of Education agenda. Tribal Officials and parents of Native American students who attend APS will be notified at least ten (10) days prior to the meeting. Meeting notice will be posted in the APS District Office, district web site at http://www.aps.edu/ and will be emailed to the Tribal Council or Tribal Education Department of 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.
• The Albuquerque Public School District will conduct an annual spring Tribal Leader’s Consultation Summit to disseminate information and seek timely input regarding the following educational programs (including, but not limited to): Title I, Part A, Title I, Part C, Title I, Part D, Title II, Part A, Title III, Part A, Title IV, Part A, Title IV, Part B, Title VI, Part A, subpart 1, Title VII-Impact Aid programs, and Johnson O'Malley programming. In addition, the district will provide reports on Native American children designated as special education with an Individual Education Plan (IEP).
• The completed applications, evaluations, and program planning will be made available to parents of Native American children, Tribal officials, and the Indian Education Committee. A summary will be prepared and disseminated two weeks in advance of the fall and spring Tribal Leader’s consultation summits. Public hearings are held in the spring of each year one month prior to the due date of the Johnson O’Malley application and the Title VI application.   The public hearings are announced via the district website. Copies of the proposed applications are made available to interested parties. In addition, representatives from the District and Indian Education Committee will schedule meetings with the Tribal leaders and parents twice a year (one in the fall and one in the spring)to disseminate information and to seek input.
• Parents of Native American children, tribal officials, the Indian Education Committee and any other interested persons can review assessment data to help develop or modify educational programs and services allowing for the participation of Native American students on an equal basis in the district.
• Native American student data which includes; plans and procedures for school and transportation safety, graduation and dropout rate by tribes with more than 10 members, graduation and promotion requirements, attendance and truancy reports and rates, education programs specifically for Native American students, enrollment data, suspension/expulsion rate, and disciplinary policies will be made accessible on the district’s dashboard along with available data for all APS students. The data gathered on APS Native American students will be shared during the bi-annual Tribal Leader’s consultation meetings which are held in the fall and spring.
• Minutes and agendas from the Indian Parent Committee meetings and the Indian Education Committee meetings will be posted on the District Indian Education website for parents and Tribal officials to review. This will allow for ongoing dissemination of information.
• Minutes and agenda from the monthly Impact Aid IPP meetings are posted on the District Indian Education website for parents and Tribal officials to review. Tribal leaders are notified one week prior of upcoming meetings via the district email.

Policy 2:

The Albuquerque Public School District will provide an opportunity for the Tribal Leaders and parents of Native American children to provide their views on the District's educational programs and activities, including recommendations on the needs of their children and on how the District may help their children realize the benefits of the educational programs and activities. [34CFR222 .94(a)(2)]

Procedure 2:

1. Notify tribes and the parents of Native American children of the opportunity to submit comments and recommendations, considering the tribe's preference for method of communication. APS will solicit information from Tribal Officials and parents of Native American students attending APS regarding Native American views, including views about the frequency, location and time of meetings.

   Comments are always encouraged and should be directed to the Director of the APS Indian Education Department.

   At the APS Board of Education meeting described in the procedure for dissemination of materials, above, members of the Native American 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 meetings.

   The Director of the APS Indian Education Department will assist in coordinating meetings related to; Title VII – Impact Aid, Title VI, Title 1, Title II, Title III, Title IV, Johnson O’Malley, as well as the Tribal Leader’s Consultation Summits (2 times a year), public hearings, and ongoing monthly and annual meetings related to the education of Native American students attending district schools. The APS Indian Education Department will provide opportunity for Native American tribes and parents of Native American students who attend APS to provide direct input to the Director of the Indian Education Department of APS. Additionally:

   • Collaborate with Indian Education Parent Committee to hold meetings for the purpose of hearing and addressing concerns of parents of Native American children regarding the District’s educational programs and activities.
   • Ensure meeting agendas are posted and all meetings are open to the public allowing for tribal officials as well as parents of Native American children the opportunity to submit comments and recommendations.
   • Attendance at community meetings, as scheduled in each of the respective Pueblos and Tohajiilee to listen to concerns and issues and provide an opportunity for input by Pueblo Governors, Navajo Nation officials, parents, and students on the district’s educational programs and the school improvement process. The agenda will be developed in coordination between the Tribes and the school district.
   • Input gathered during the tribal leaders and community meetings will be documented through notes and/or minutes. A plan, action, and/or follow up will be developed to address any workable modification/solutions, implement them, and report out at next tribal leaders meeting and community meeting. And,
   • The APS Indian Education Department will conduct annual needs assessment surveys as required to meet federal guidelines.

2. Modify the method of and time for soliciting Native American views, if necessary, to ensure the maximum participation of tribes and parents of Native American children.

   In addition to issuing the public notices required by the Open Meetings Act, APS will notify Tribal Officials, parents of Native American students who attend APS, the IPC and Tribal Education Department of the location and times of meetings in the same manner as that provided for the January APS Board of Education meeting. Notice will be posted on the APS District website, parent messenger, and will also be sent via regular mail and e-mail to the Tribal Councils and the Tribal Education Departments.

   The District and Indian Education Committee representatives will schedule meetings with the 11 impacted Pueblos and Tohajiilee to discuss ongoing programming goals and all other tribes represented will receive a meeting invitation and copies of documents shared with the impacted 11 communities mentioned above.

Policy 3:

The Albuquerque Public School District will annually assess the extent to which Native American children participate on an equal basis with non-Native Americans in the District's education program and activities. [34CFR222.94 (a)(3)]

Procedure 3:

APS will actively consult with and regularly involve the IPC, as well as interested Tribal Officials, and parents of Native American students who attend APS, in the planning and development of educational programs.

With adherence to the restrictions of the Family Educational Rights and Privacy Act (FERPA) and parental consent, the district will review school educational data and evaluations with Pueblo Governors or other appropriate tribal officials in parent advisory committee meetings and other forums regarding the participation ratios of Native American students in district educational programs and services. The following data is captured annually in the summer and fall and reported in the Tribal Education Status Report during the spring Tribal Leaders Consultation Summit;

• Academic performance and attendance,
• Graduation rates, dropout rates, standardized test results both formative and summative  disaggregated by tribe/ethnicity/special needs students, enrollment and plans for improvement,
• Disciplinary actions: truancy rates, expulsions and suspensions (disaggregated by disciplinary infraction and by Pueblo: bullying, substance/alcohol abuse, etc.)
• Academic services: participation rates and types of services
• Special education services and data on the number of Native American students in special education and the number of students who enter and exit the program by the end of the academic year.
• Detailed financial reports (Title VII separate budget entitled Impact Aid expenditures, and cash carry-over) during Monthly Impact Aid meetings
• Academic Counseling: commitment to provide individual credit analysis
• Transfers of Native American students transported from the neighboring communities
• List of extracurricular activities, including, but not limited to, sports, student government, and clubs
• Report and copies of annual report (Tribal Education Status Report) will be provided to tribal education departments and tribal leaderships in all tribes represented in the district.

An annual parent survey is developed to obtain input and recommendations on educational programs, and services in regard to equal participation by Native American students. The annual survey is conducted in the spring of each year. Results of the survey are shared with Tribes and parents during the fall Tribal Leaders summit, the monthly Impact Aid meetings and via the Indian Education website.

The Title VII application will be available for review by the tribal communities impacted by the Title VII application, the IPC and other interested members of the Native American community at least 10 days prior to the annual public meeting generally held in the fall.

At a fall Board of Education meeting a discussion will be held in regards to the participating rates of Native American students in the district’s educational programs and services.  The IPC and interested parents of APS Native American students and Tribal Officials will review assessment data to make recommendations on the development or modification of educational programs or services so as to provide Native American students more access to equal participation. These findings and recommendations will be presented to the Board of Education in March, or as required by federal guidelines.

Policy 4:

The Albuquerque Public School District will modify the IPP if necessary, based upon the results of any assessment or input described in this document. [34CRF222.94 (a)(4)]

Procedure 4:

The District, Tribal Education Directors, Indian Education Committee, tribal leaders, and the district Indian Education Department will review the changes to the IPP as needed throughout the year. The changes to the IPP will be agreed upon by; the District, Tribal Leaders of the impacted 11 communities, Tribal Education Directors, the Indian Education Committee, the Indian Parent Committee and the district Indian Education Department.

The Albuquerque Public School District’s Board of Education during a duly scheduled meeting will review and discuss the modifications to the Indian Policies and Procedures (IPP) by the impacted communities and tribal leaders. 

The Albuquerque Public School District will notify parents of Native American children, tribal officials and the general public of the changes to the Indian Policies and Procedures via email, mail, web posting, and Parent Messenger. The IPP will be available on the district Indian Education website with invitation for review to parents via Parent Messenger.

• APS will obtain signatures of approval by the 11 impacted Pueblo Governors and Navajo Official or tribal designee verifying tribal agreement to the IPP pursuant to NMSA 1978, 22-23A-1, et. seq., NMAC Title 6, Chapter 35, Part 2, 6.35.2. NMAC regulations.

After the review and changes, the document will be forwarded to the Albuquerque Public School Board of Education for approval and adoption.

The 11 impacted communities’ Tribal Leadership (Pueblo Governors and Navajo Official) and Tribal Education Directors will be provided with an approved copy of the IPP.  

The finalized IPP will be immediately available for review on the district Indian Education website. The changes will become effective upon Board approval during fall of each year.

Policy 5:

The Albuquerque Public School District will respond at least annually in writing to comments and recommendations made by tribes or parents of Native American children, and disseminate the responses to the Tribal Education Departments, Tribal Officials and parents of Native American children prior to the submission of the IPP in January by the LEA. [34CRF222.94 (a)(5)]

Procedure 5:

The Albuquerque Public School District will respond annually in writing to comments and recommendations made by the Indian Education Committee, Indian Parent Committee, tribal officials, or parents of Native American children, and disseminate the responses to all parties via mail, email, web posting, and Parent Messenger prior to the submission of the IPP in January by the District.

Policy 6:

The Albuquerque Public School District will annually provide a copy of the current Indian Policies and Procedures to the 23 New Mexico tribes via mail, email, web posting, and Parent Messenger. [34CR F222.94 (a)(6)]

[1] On October 15, 2020 there were 118 tribes represented in the APS district.

Administrative Position: 

• Associate Superintendent of Equity, Instruction, Innovation and Support

Department Director:

• Director of Indian Education

References:

Legal Ref: 

• 34 CFR 222.94
• NMSA 1978, 22-23A-1
• NMAC Title 6, Chapter 35, Part 2, 6.35.2

Board Policy Cross Ref:

• IH9 Indian Education 
• IH Instructional Program

NSBA/NEPN Classification:

Reviewed: December 2, 2020
Revised: December 2, 2020