A bill to reauthorize certain Indian educational programs, and for other purposes.

Summary

Title I: Indian Education - Indian Education Amendments Act of 1987 - Amends the Education Amendments of 1978 to authorize funding for each school or dormitory which: (1) was a Bureau funded school on January 1, 1987, including schools, dormitories, grade levels or other programs operating or authorized on that date; or (2) becomes a Bureau funded school after January 1, 1987. Prohibits the Secretary of the Interior from terminating, transferring, contracting to any other entity, consolidating, or substantially curtailing a Bureau funded school, except as provided by a provision of law or as requested by resolution of a tribal governing body representing 90 percent or more of the school's students. Directs the Secretary to report any action against a Bureau funded school that is under consideration to the affected tribal governing body and the local school board. Directs the Secretary to provide that those bodies are: (1) kept informed during consideration; (2) afforded opportunities to comment; and (3) notified at least six months before the end of the school year preceding the proposed effective date if a decision is made to take the action. Authorizes the Secretary to take a temporary action if it is: (1) required by an immediate hazard to the health or safety of the school's students; (2) confirmed by an inspector designated by a tribal governing body; and (3) limited to the shortest possible period. Allows an extension of the temporary period if approved by a tribal governing body representing 90 percent of the school's students. Directs the Assistant Secretary to prescribe regulations governing the expansion of programs at Bureau funded schools and providing for the eligibility determination to be based on geographic and demographic factors and the history of: (1) the school proposing the expanded program; and (2) the public schools or alternate providers of the services which the school proposes to provide. Expands the Bureau funded schools at the Pueblo of Zia and the Tama Settlement to include kindergarten through grade eight. Allows the waiver of dormitory criteria in the same manner as the waiver of minimum academic standards. Prohibits the closing, consolidation, or substantial curtailment of Bureau schools because they do not meet established applicable standards. Requires the Assistant Secretary to submit a report to the Congress detailing the actions needed to comply with applicable standards. Provides that the regulations on Federal schools for Indians, Indian education policies, transfer of Indian education functions, the Indian school equalization program, students' rights, and control of student records in Bureau schools shall remain in effect after passage of this Act, and can be changed only as provided in a law passed after this Act. Allows the Secretary to waive a provision of the regulations for the benefit of an Indian if the waiver is: (1) not contrary to another law; and (2) complies with the Secretary's reserved authority to waive his regulations. Deletes the provision requiring an individual to have one-fourth or more degree of Indian blood as a condition for receiving Indian education funds and removes loans as a type of assistance available. Requires that beginning with FY 1989 the Secretary shall modify the formula for minimum annual funds for each school by: (1) using a weighted student unit of 1.2 for students in the seventh and eighth grades; (2) considering a school with an average daily attendance of less than 50 students as having an average daily attendance of 50 students for implementing the small school adjustment factor; and (3) allowing residential services on a less than nine-month basis. Requires the Secretary to give each Bureau funded school an administrative cost allowance. Defines such allowance to mean the amount provided for specified financial and management services. Revises the authority of supervisors of Bureau schools to expend up to $25,000 without competitive bidding. Allows such spending if: (1) the cost of any single item does not exceed $10,000; (2) the school board approves the procurement in advance; (3) the supervisor certifies the cost is fair and reasonable; (4) procurement documents cite this authority; and (5) the transaction is documented in a journal. Authorizes tribes whose children are served by a Bureau school to enter into a cooperative agreement with a local education agency involving coordination of the academic program, support services, and transportation. Amends the policy of facilitating Indian control of education to include the Secretary in addition to the Bureau. Requires the Secretary, before changing any policy or regulation relating to education programs or support services, to consult with the tribe and also to hold meetings in various localities around the United States Requires the Secretary to publish a notice of each meeting in the Federal Register and send it to school boards and local parent committees in the Bureau's geographic administrative area where the meeting will occur. Requires the Secretary to assure that each meeting includes information on: (1) Indian education related budget or policy proposals; and (2) regulatory, procedural, or administrative changes which will be made or which may be considered in the six months following the meeting. Directs the Secretary to report any violation of this section to the Congress. Requires that the Secretary's annual report to congressional committees to include information about compliance with the policy for Indian control of Indian education, the recommendations received from Indian organizations, and the Secretary's reasons for not carrying out such recommendations. Allows the waiver of applicability of Indian preference laws to apply to applicants in addition to employees. Directs the Assistant Secretary to conduct studies for a report to Congress comparing compensation in Bureau schools with the nearest public schools, with detailed information on: (1) the current salaries and personnel benefits; (2) a comparison of starting salaries, tenure, length of service, education requirements, length of work year and fringe benefits; and (3) a projection of compensation figures for compensation in Bureau and public schools over the next five years. Provides that the cost of the studies and the report will be paid from appropriations for the Bureau's Management and Administration Subactivity of the General Administration Activity. Requires the Assistant Secretary to conduct studies of compensation in Bureau schools. Authorizes contracts with Indian education organizations for completing such studies. Permits the Assistant Secretary to authorize post differentials unless the disparity in compensation between Bureau schools and public schools does not meet a specified level. Authorizes the Assistant Secretary or the supervisor of a school to discontinue or decrease a post differential if: (1) the local school board requests such action; or (2) the Assistant Secretary or supervisor determines no disparity affecting recruitment exists. Requires the Assistant Secretary to report to the Congress annually on the requests and grants of authority for post differentials. Makes the Indian preference provisions of the Indian Reorganization Act applicable to any position within the Office of Indian Education or the Department of Education administering the Indian Education Act of 1972. Title II: Self Determination Grants - Indian Schools Operations Agreements Act of 1987 - Declares the Congress' commitment to maintain the Government's trust relationship with the Indian people. Affirms that the educational needs of the Indian people can best be met through a grant process. Repudiates the unilateral termination of Federal relations with any Indian nation. Provides that grants will go into a general operating fund to pay expenses for educational purposes but not for religious or sectarian instruction. Prohibits administrative costs from exceeding the amount which the Secretary would expend if the Secretary operated the school. Requires grantees which operate more than one school site to expend at least 95 percent of the funds provided for a particular school at that location. Requires a tribally controlled school, to be eligible for grants, to have: (1) received funds under the Indian Self-Determination and Education Assistance Act on the date of enactment of this Act; (2) received a determination of eligibility from the Secretary and been operated by the Bureau on the date of enactment of this Act; or (3) complied with the requirements of an eligibility study and not have previously received Bureau funds. Provides that any application submitted for a school not in operation on the date of the enactment of this Act shall be reviewed under the guidelines in effect at the time of submission. Requires the Secretary, after receiving an application for a grant, to make an initial determination of whether the applicant can maintain a tribally controlled school and to award a grant unless he finds the services provided will be harmful to the Indian beneficiaries. Directs the Secretary, after receiving a request by an Indian tribe for a grant for a tribally controlled school not previously funded by the Bureau, to conduct an eligibility study. Sets forth criteria for the Secretary to make grants, including demographic and geographic factors. Directs the Secretary, if he declines to issue or modify a grant under this title, to: (1) give the tribe a written explanation; (2) provide assistance to overcome all stated objections; and (3) give the tribe a hearing. Requires an application for expansion of the grade levels offered or modifications to initiate residential services by eligible tribally controlled schools, but not for expansion or a change of services or programs within grade levels. Requires the Secretary, if he rejects a proposed expansion, to provide the same assistance as required for declining to modify or issue a grant. Requires the Bureau to submit an annual report to the Congress on all applications received and actions taken. Requires tribally controlled schools meeting at least one of the criteria for eligibility or which have a positive determination of eligibility to receive a grant. Provides that eligibility determinations will only be made for the initial grant and an extension will be automatic. Defines satisfactory performance as the submission of one of a list of specified reports and one of the following: (1) certification by a State or regional accrediting association; (2) accreditation by a Tribal Division of Education; (3) acceptance of specified standards under the Education Amendments of 1978; and (4) a positive evaluation conducted once every three years for performance under specified standards. Provides that grants will not terminate, modify, suspend, or reduce the Federal responsibility to provide such a program. Requires the Secretary, before making a determination of a lack of satisfactory performance or reassuming a program, to provide notice to the tribal authority authorizing the school. Sets forth minimum levels for grants to be made to each tribally controlled school for each fiscal year. Provides that grantees will not be held accountable for interest earned on grant funds. Requires that provisions of the Indian Self-Determination and Education Assistance Act relating to reporting and audit requirements, criminal activities involving grants, wage and labor standards and preference requirements for grants, personnel policies, rescission of contract authority, and sovereign immunity, except for indirect costs and length of contract, will apply equally to grants under this title. Requires the Director of the Office of Indian Education Programs to review and approve applications for grants and modifications. Title III: Other Programs of Indian Education - Amends the Indian Elementary and Secondary School Assistance Act to extend the authorization for appropriations for grants to local educational agencies through FY 1993. Amends the Indian Education Act to authorize appropriations for grants to students through FY 1993. Deletes the provision limiting the authorization of appropriations for FY 1987 to FY 1989 to the same level as FY 1986. Extends the authorization for fellowships for Indian students through FY 1993. Authorizes appropriations for FY 1989 and the following four fiscal years. Continues the National Advisory Council on Indian Education through FY 1993. Revises the definition of the term "Indian" for purposes of such Act to include tribal "members" as defined by the tribe. Requires the Secretary of Education to establish American Indian Gifted and Talented Centers located at Sinte Gleska College and the Navajo Community College and to make grants to such colleges and the American Indian Higher Education Consortium for demonstration projects. Provides that the demonstration projects may include: (1) identifying the needs of gifted and talented students; (2) conducting educational activities to meet the needs of such children; (3) using public television; (4) developing leadership programs capable of replication throughout the United States; and (5) conducting research on the needs of such children and their families. Authorizes appropriations for FY 1988 through FY 1993. Title IV: Navajo Community College - Amends the Navajo Community College Act authorization of appropriations to include funds for: (1) maintenance and operation; (2) capital improvements; (3) mandatory payments; and (4) supplemental student services. Increases the amount that may be granted to the Navajo Community College per Indian student. Limits grants to the greater (was the lesser) of: (1) the amount determined based on the total number of students; or (2) the total annual cost of the college's education program.

This text is taken from the official record. PoliticalRepo does not editorialize.

Timeline

No timeline events have been ingested for this record yet.

Votes

No vote records are attached yet.

Versions

No version snapshots stored. Document URLs remain at the source.

Documents

2 official files

• Reported to Senate with amendment(s)

  summary · EN · 30 November 1987

  Open at official source

• Introduced in Senate

  summary · EN · 7 August 1987

  Open at official source

Sponsors

No sponsors or actors listed by the source.

Related records

No cross-record relationships stored yet.