25 C.F.R. Subpart B—Application Process
Title 25 - Indians
(a) Any State, school district, tribal organization or Indian corporation is eligible to apply for contracts for supplemental or operational support programs. For the purposes of this part, previously private schools as defined in §273.2(n) are considered tribal organizations. (b) States, school districts, or Indian corporations shall apply for contracts for supplemental or operational support programs as required in this part. (c) Tribal organizations must comply with the following requirements to obtain contracts for supplemental programs or operational support: (1) The application submitted by the tribal organization shall meet the requirements in §273.20 in addition to those in §271.14 of this chapter. (2) The requirements in §§271.1 through 271.27, 271.41 through 271.52, 271.54, 271.61 through 271.66, and 271.81 through 271.84 shall apply to such contracts with tribal organizations. (3) The provisions in §§271.71 through 271.77 of this chapter concerning retrocession and reassumption of programs do not apply to a tribal organization retroceding a contract for supplemental programs or operational support as the Bureau does not operate education programs authorized to be contracted under the Johnson-O'Malley Act. However, the tribal organization may retrocede such a contract and the Bureau will then contract with a State, school district, or Indian corporation under this part for the supplemental programs or operational support. (4) The requirements in §§273.12 through 273.18, 273.20, 273.21, 273.31 through 273.38, 273.41, 273.51 and 273.52 shall apply to such contracts with tribal organizations. (5) The requirements in 41 CFR part 14H–70 shall apply to such contracts with tribal organizations. [40 FR 51303, Nov. 4, 1975, as amended at 41 FR 5098, Feb. 4, 1976] Indian students, from age 3 years through grade(s) 12, except those who are enrolled in Bureau or sectarian operated schools, shall be eligible for benefits provided by a contract pursuant to this part if they are (a) Any proposal to contract for funding a program which meets the definition of a supplemental program given in §273.2(t) will be considered an eligible proposal under this part. (b)(1) To contract for operational support, a public school district shall be required to establish as part of the proposal that: (i) It cannot meet the applicable minimum State standards or requirements without such funds. (ii) It has made a reasonable tax effort with a mill levy at least equal to the State average in support of educational programs. (iii) It has fully utilized all other sources of financial aid, including all forms of State aid and Pub. L. 874 payments. The State aid contribution per pupil must be at least equal to the State average. (iv) There is at least 70 percent eligible Indian enrollment within the school district. (v) It shall clearly identify the educational needs of the students intended to benefit from the contract. (vi) It has made a good faith effort in computing State and local contributions without regard to contract funds pursuant to this part. (vii) It shall not budget or project a deficit by using contract funds pursuant to this part. (2) The requirements given in paragraph (b)(1) of this section do not apply to previously private schools. (c) At his discretion, the Commissioner may consider as eligible a proposal to contract under which a school district will be reimbursed for the full per capita costs of educating Indian students who meet all of the following: (1) Are members of recognized Indian tribes. (2) Do not normally reside in the State in which the school district is located. (3) Are residing in Federal boarding facilities for the purpose of attending public schools within the school district. A prospective contractor in consultation with its Indian Education Committee(s) shall formulate an education plan and submit it to the appropriate Area Director as a part of the application to contract required by §273.20. Such plan shall become a part of any contract awarded. The education plan shall contain: (a) The education programs approved by the Indian Education Committee(s) as required in §273.17. (b) Other requirements for the education plan given in §273.18. (a) When a school district to be affected by a contract(s) for the education of Indians pursuant to this part has a local school board not composed of a majority of Indians, the tribal governing body(s) of the Indian tribe(s) affected by the contract(s) under this part shall specify one of the following entities to serve as the Indian Education Committee for the purpose of this part: (1) An Indian Education committee to be elected from among the parents (including persons acting in loco parentis except school administrators or officials) of eligible Indian students enrolled in the school(s) affected by a contract(s) under this part; or (2) A local Indian committee established pursuant to section 305(b)(2)(B)(ii) of the Act of January 23, 1972 (86 Stat. 235) and existing prior to January 4, 1975; or (3) An Indian advisory school board or Indian Education Committee established pursuant to the Johnson-O'Malley Act and existing prior to January 4, 1975. (b) When the local school board is not composed of a majority of Indians and the tribal governing body(s) of the Indian tribe(s) affected by a contract(s) under this part determine which of the entities provided for in paragraph (a) of this section is to serve as the Indian Education Committee for the purpose of this part, it shall notify the Area Director of such determination by January 15 preceding the school year for which the contract will be let. (c) The Indian Education Committee established under paragraph (a) of this section and its members shall establish procedures under which the Committee shall serve. Such procedures shall be set forth in the Committee's organizational documents and by-laws. Each Committee shall file a copy of its organizational documents and by-laws with the appropriate Area Director, together with a list of its officers and members as soon as practicable after the Committee is organized. (d) The existence of an Indian Education Committee shall not limit the continuing participation of the rest of the Indian community in all aspects of programs contracted under this part. (a) Consistent with the purpose of the Indian Education Committee, each such Committee shall be vested with the authority to: (1) Participate fully in the planning, development, implementation, and evaluation of all programs, including both supplemental and operational support, conducted under a contract or contracts pursuant to this part. Such participation shall include further authority to: (i) Recommend curricula, including texts, materials, and teaching methods to be used in the contracted program or programs. (ii) Approve budget preparation and execution. (iii) Recommend criteria for employment in the program. (iv) Nominate a reasonable number of qualified prospective educational programmatic staff members from which the contractor would be required to select. (v) Evaluate staff performance and program results and recommend appropriate action to the contractor. (2) Approve and disapprove all programs to be contracted under this part. All programs contracted pursuant to this part shall require the prior approval of the appropriate Indian Education Committee. (3) Secure a copy of the negotiated contract(s) which include the program(s) approved by the Indian Education Committee. (4) Recommend to the Commissioner through the appropriate Bureau contracting officer cancellation or suspension of a contract(s) which contains the program(s) approved by the Indian Education Committee if the contractor fails to permit such Committee to exercise its powers and duties as specified by this section. (b) The organizational papers and by-laws of the Indian Education Committee may include additional powers and duties which would permit the Committee to: (1) Participate in negotiations concerning all contracts under this part. (2) Make an annual assessment of the learning needs of Indian children in the community affected. (3) Have access to all reports, evaluations, surveys, and other program and budget related documents determined necessary by the Committee to carry out its responsibilities, subject only to the provisions of §273.49. (4) Request periodic reports and evaluations regarding the Indian education program. (5) Hear grievances related to programs in the education plan. (6) Meet regularly with the professional staff serving Indian children and with the local education agency. (7) Hold committee meetings on a regular basis which are open to the public. (8) Have such additional powers as are consistent with these regulations. (a) All programs contracted under this part shall: (1) Be developed and approved in full compliance with the powers and duties of the Indian Education Committee as set out in §273.16 and as may be contained in the Committee's organizational documents and by-laws. (2) Be included as a part of the education plan provided for in §273.14. (b) No program contracted pursuant to this part shall be changed from the time of its original approval by the Indian Education Committee to the end of the contract period without the prior approval, in writing, of the Committee. (c) Programs developed or approved by the Indian Education Committee pursuant to this part may, at the option of such Committee, include funds for the performance of Committee duties, including the following: (1) Members' attendance at regular and special meetings, workshops and training sessions, as the Committee deems appropriate. (2) Such other reasonable expenses incurred by the Committee in performing its primary duties, including the planning, development, implementation and evaluation of the program. In addition to incorporating the programs approved by the Indian Education Committee(s) as required by §273.14(a), the education plan prepared by the prospective contractor shall: (a) Contain educational goals and objectives which adequately address the educational needs of the Indian students to be served by the contract. (b) Incorporate the program or programs developed and approved by the Indian Education Committee(s). As provided in §273.17(b), changes in such programs must have prior written approval of the Indian Education Committee(s). (c) Contain procedures for hearing grievances from Indian students, parents, community members, and tribal representatives relating to the program(s) contracted under this part. Such procedures shall provide for adequate advance notice of the hearing. (d) Identify established State standards and requirements which shall be maintained in operating programs and services contracted under this part. (e) Describe how the State standards and requirements will be maintained. (f) Provide that the contractor shall comply in full with the requirements concerning meaningful participation by the Indian Education Committee as required by §273.4. (g) Provide that education facilities receiving funds shall be open to visits and consultations by the Indian Education Committee(s), tribal representatives, Indian parents in the community, and by duly authorized representatives of the Federal and State Governments. (h) Outline procedures of administrative and fiscal management to be used by the contractor. (i) Contain justification for requesting funds for operational support. The public school district must establish in its justification that it meets the requirements given in §273.13(b). The information given should include records of receipt of local, State, and Federal funds. (j) Include budget estimates and financial information needed to determine program costs to contract for services. This includes, but is not limited to, the following: (1) State and district average operational cost per pupil. (2) Other sources of Federal funding the applicant is receiving, the amount received from each, the programs being funded, and the number of eligible Indian students served by such funding. (3) Administrative costs involved, total number of employees, and total number of Indian employees. (4) Costs which parents normally are expected to pay for each school. (5) Supplemental and operational funds outlined in a separate budget, by line item, to facilitate accountability. (6) Total number of employees for each special program and number of Indian employees for that program. (k) State the total enrollment of school or district, by age and grade level. (l) State the eligible Indian enrollment—total and classification by tribal affiliation(s) and by age and grade level. (m) State the total number of school board members and number of Indian school board members. (n) List Government equipment needed to carry out the contract. (o) State the period of contract term requested. (p) Include the signature of the authorized representative of applicant. (q) Provide written information regarding: (1) Program goals and objectives related to the learning needs of potential target students. (2) Procedures and methods to be used in achieving program objectives, including ways whereby parents, students and communities have been involved in determining needs and priorities. (3) Overall program implementation including staffing practices, parental and community involvement, evaluation of program results, and dissemination thereof. (4) Determination of staff and program effectiveness in meeting the stated needs of target students. Application forms, instructions, and related application materials are available from Agency Superintendents, Area Directors and the Commissioner. Use of standard application forms will facilitate processing of applications. However, they are not required if the information required by §273.20 is given in the application to contract. An application for a contract under this part shall be in writing and shall contain the following: (a) Name, address, and telephone number of the proposed contractor. (b) Name, address, and telephone number of the tribe(s) to be served by the contract. (c) Descriptive narrative of the contract proposal. (d) The education plan required by §273.14. (e) A separate budget outlining the Johnson-O'Malley funds for operational support and/or supplemental programs, by line item, to facilitate accountability. (f) A clear identification of what educational needs the Johnson-O'Malley funds requested for operational support will address. (g) Documentation of the requirements for operational support in §273.13(b)(1). (a) An Indian tribal governing body(s) that desires that a contract be entered into with a tribal organization must so notify the Area Director no later than February 1 preceding the school year for which the contract will be let. (b) If the tribal governing body's notice is not received by the date given in paragraph (a) of this section, the Area Director may contract with the State, school district, or Indian corporation under this part. (a) Each Area Director is authorized to approve the contract(s) submitted by the State, school district, or Indian corporation under this part which will provide services to Indian children within the jurisdiction of that Area Office. (b) When a proposed contract(s) will provide services to Indian children within the jurisdiction of more than one Area Office, the contract must be approved by the Commissioner. When services under the proposed contract will be provided to Indian children within the jurisdiction of a single Area Office, the completed application shall be submitted to the Area Director of that Area Office. Upon receiving a contract application, the Area Director shall: (a) Notify the applicant in writing that the application has been received. This notice shall be made within fourteen (14) days after the Area Office receives the application. (b) Review the application for completeness and request within 20 days any additional information from the applicant which will be needed to reach a decision. (c) On receiving an application for operational support, make formal written determination and findings supporting the need for such funds. In arriving at such a determination, the Area Director must be assured that each local education agency has made a good faith effort in computing State and local contributions without regard to funds requested pursuant to this part. (d) Assess the completed application to determine if the contract proposal is feasible and if the proposal and the application comply with the appropriate requirements of the Johnson-O'Malley Act and of the regulations in this part. (e) Approve or disapprove the application after fully reviewing and assessing the application and any additional information submitted by the applicant. (f) Promptly notify the applicant in writing of the decision to approve or disapprove the application. If the application is disapproved, the notice will give the reasons for disapproval and the applicant's right to appeal pursuant to part 2 of this chapter. (a) The Area Director shall approve or disapprove an application for a contract within sixty (60) days after the Area Office receives the application and any additional information requested in §273.24(b). The sixty (60) day deadline can be extended after obtaining the written consent of the applicant. (b) An application under this part cannot be approved before February 1 preceding the school year for which the contract will be let. When services under the proposed contract will be provided to Indian children within the jurisdiction of two or more Area Offices, the completed application shall be submitted to the Commissioner through the respective Area Offices. Upon receiving a contract application, the Commissioner shall: (a) Notify the applicant in writing that the application has been received. This notice shall be made within fourteen (14) days after the Central Office receives the application. (b) Review the application for completeness and request within 20 days any additional information from the applicant which will be needed to reach a decision. (c) On receiving an application for operational support, make formal written determination and findings supporting the need for such funds. In arriving at such a determination, the Commissioner must be assured that each local education agency has made a good faith effort in computing State and local contributions without regard to funds requested pursuant to this part. (d) Assess the completed application to determine if the contract proposal is feasible and if the proposal and the application comply with the appropriate requirements of the Johnson-O'Malley Act and of the regulations in this part. (e) Approve or disapprove the application after fully reviewing and assessing the application and any additional information submitted by the applicant. (f) Promptly notify the applicant in writing of the decision to approve or disapprove the application. If the application is disapproved, the notice will give the reasons for disapproval and the applicant's right to appeal pursuant to part 2 of this chapter. (a) The Commissioner shall approve or disapprove an application for a contract within sixty (60) days after the Central Office receives the application, and any additional Information requested in §273.27(b). The sixty (60) day deadline can be extended after obtaining the written consent of the applicant. (b) An application under this part cannot be approved before February 1 preceding the school year for which the contract will be let. After the proposal for a contract has been approved by the Area Director or Commissioner as provided in §273.22, the contract will be negotiated by a Bureau contracting officer assisted by Bureau education personnel.
Title 25: Indians
PART 273—EDUCATION CONTRACTS UNDER JOHNSON-O'MALLEY ACT
Subpart B—Application Process
§ 273.11 Eligible applicants.
§ 273.12 Eligible students.
§ 273.13 Proposals eligible for contracts.
§ 273.14 Preparing the education plan.
§ 273.15 Establishment of Indian Education Committee.
§ 273.16 Powers and duties of Indian Education Committee.
§ 273.17 Programs approved by Indian Education Committee.
§ 273.18 Additional requirements for education plan.
§ 273.19 Obtaining application forms.
§ 273.20 Content of application to contract.
§ 273.21 Tribal request for contract.
§ 273.22 Application approval officials.
§ 273.23 Submitting application to Area Office.
§ 273.24 Area Office review and decision.
§ 273.25 Deadline for Area Office action.
§ 273.26 Submitting application to Central Office.
§ 273.27 Central Office review and decision.
§ 273.28 Deadline for Central Office action.
§ 273.29 Negotiating the contract.
