ESSA Tribal Consultation

ESSA Tribal Consultation versus Tribal Collaboration

We use the term consultation in reference to the public law requirement for certain LEAs (see the Affected LEA section for more details), whereas collaboration refers to a general building of relationships with tribes which is recommended for all school districts to engage in, in order to be culturally responsive.

Tribal Consultation is required by law for certain schools meeting criteria defined by the Every Student Succeeds Act (ESSA) of 2015, Public Law 114-95.

School districts, also called Local Educational Agencies (LEAs), that meet specified criteria are required to consult with tribes in their service area. These LEAs are labeled "affected" LEAs.

For FY26, there were 49 LEAs meeeting one or both of these criteria and were required to consult with tribes.

 

Use the table below to access resources, tools, and contact lists:

RESOURCEAboutAccess

FY27 Affected LEA & Tribes Matrix

Matrix showing the list of LEAs and Tribes required to consult for the 2026-2027 school year.View Here

Tribal Consultation Guide

 

 

On-Line Course

 

This guide includes information and resources that can assist in supporting the completion of Tribal Consultation for Tribal Education Departments and School Districts to prioritize the needs of Indigenous youth.

 

Self-paced modules on the Foundations of ESSA Tribal Consultation, including toolkits and other resources. This course requires an ADE Connect account. The registration flyer contains a link to reach the registration page. Select "Already have an Account" to log into the course, or select "Register" if you need an ADE Connect account.

View Here

 

Registration Flyer

Tribal Consultation InfographicQuick overview of Tribal Consultation requirements, process, and suggested timeline.View Here
Contacts: Tribal Consultation RepresentativesList of Tribal Education Department representatives that assist with addressing multiple aspects of a child's education, including but not limited to health and nutrition, safety and wellness, heritage language, cultural practices, family engagement, and/or tribal consultation. View Here
Affirmation of Tribal ConsultationThe form with instructions for filling out the Affirmation of Consultation document.View Here

Click the drop-down menus to view additional information and requirements for tribal consultation. 

Click the button to view a list of affected LEAs for the upcoming school year.

Affected LEAs

Helpful Information

 

Affected LEA Lists from Previous Years

 

Criteria for Affected LEAs

Criteria* for school districts to be considered an affected LEA

  • School District has 50% or more Native American student enrollment, OR
  • School District received over $40,000 in Title VI funding **

* These criteria are based on previous school-year data. For example, School Year (SY) 2021-2022 data will be used to determine the affected school districts that will be required to consult during the 2022-2023 school year.
** List posted on the U.S. Department of Education website, see link under Resources below.

Covered Title Programs

LEAs who are considered affected (they meet at least one of the criteria above) are required to consult with tribes regarding selected federal funding programs covered under ESSA. These "covered" programs are specific U.S. Department of Education Title funds.

Covered Title Programs for ESSA Tribal Consultation:

  • Title I, Improving the Academic Achievement of the Disadvantaged
    • Part A: Improving Basic Programs Operated by State and Local Educational Agencies
    • Part C: Education of Migratory Children
    • Part D: Prevention and Intervention Programs for Children and Youth Who Are Neglected, Delinquent, or At-Risk
  • Title II, Part A: Supporting Effective Instruction
  • Title III, Part A: English Language Acquisition, Language Enhancement, and Academic Achievement
  • Title IV, 21st Century Schools
    • Part A: Student Support and Academic Enrichment Grants
    • Part B: 21st Century Community Learning Center
  • Title V, Part B, Subpart 2: Rural and Low-Income School Program
  • Title VI, Part A, Subpart 1, Indian, Native Hawaiian, and Alaska Native Education

Affected LEAs are required to consult with local tribal officials on plans or applications for a covered program under ESSA.

*The Indian Student Eligibility form (ED 506) is filled out one time by parents/guardians to document eligible Indian students. This form serves as the official record of the eligibility determination for each individual child included in the student count. A separate ED 506 Form is required for each Indian child.

A new ED 506 Form does NOT have to be completed each year of enrollment in the school district as long as a signed, completed form is on file and there is documentation that the student was enrolled during the count period. Once an Indian child is determined to be eligible to be counted for a grant award, the school district shall maintain a record of such determination and shall not require a new form for a subsequent application for this grant.

The form is kept on file by the school district where the child is enrolled. The form is kept for three years after the child leaves the school district or graduates. After those three years, the form is shredded, unless there are outstanding audits not resolved, then the form is kept until the audit clears. Once the audit clears, the form is shredded.

 

Frequently Asked Questions

Click the drop down menus below to view answers to frequently asked questions. 

 Although grant applications are open for preliminary allocations, tribal consultation forms for public schools, do not need to be submitted on May 1st. All forms are due prior to the first grant revision thus allowing time to incorporate tribal feedback. This deadline is referenced on the Affirmation Form in the agreement section as shown below:

 

 

Yes. Tribal consultation is based on building relationships to help support Indigenous students. Student enrollments fluctuate over the years. When you consider the Title grants covered under ESSA consultation and the specific needs these grants address, they go beyond tribal membership. Tribes may have resources or best practices to assist the LEA in supporting all Indigenous students (i.e. migratory, at risk, English learner, etc.). 

If an LEA does not have any students enrolled from a tribe, it is most likely the tribe will choose to opt out of tribal consultation, but the tribe needs to be given the option to do so.  In that case, the authorized tribal representative would check the "Tribal opt out" box on the Affirmation of Tribal Consultation form and sign. 

However, an LEA may find that these tribes have valuable resources that could support the LEA's Title grant programs.  Particularly if you review the list of other LEAs these tribes are consulting with (Affected LEAs section, Tribes and Affected LEAs link). There could be best practices the tribe uses with other LEAs that may be applicable to your organization.  The intent of consultation is to open dialogue and identify all options for supporting our students.

 

Contact information has been updated in the Tribal Consultation Representative list. Contact our office if you need assistance connecting and working with tribes. Note that for some tribes, the tribal education director conducts tribal consultations and for other tribes, another designated staff member conducts tribal consultations. 

Consultation Representatives List

 

Begin with the Tribal Consultation Guide. The next step would be to review the training section of the website.  In addition, the OIE staff is available to provide virtual training with an organization's team. If interested, please contact the Tribal Grants Specialist, Brandon at [email protected].

 

Yes, consultation is still required. The Local Educational Agency (LEA) may have students enrolled, such as the Hopi Tribe.  In addition, if the Hopi Tribe is within the tribal consultation service area of the LEA, it is a Federal requirement to consult with the tribe. Consultation can only be dismissed if the tribe opts out.  Click the button below to read the tribal consultation requirements:

Tribal Consultation Requirements

The note regarding "BIE schools only" for the Hopi Tribe, identifies that there are only Bureau of Indian Education (BIE) schools on Hopi's tribal land.  The Hopi Tribe does not have any public schools on its reservation.