ESSA Tribal Consultation

Important Changes to the FY28 Tribal Consultation Process

Tribal Consultation form submissions will now be performed through the Educational Monitoring, Assistance and Compliance (EMAC) Portal.
Failure to complete required Tribal Consultation by May 1, 2027, will result in a hold on FY28 federal Title funds (e.g., Title I, Part A,B,C; Title II, Part A; Title III, Part A; Title IV, Part A,B; Title V, Part B; and Title VI, Part A) until all Tribal Consultation requirements are met.
If an affected LEA serves 30 or more AI/AN students affiliated with a specific tribe (e.g. Navajo), the LEA must engage in Tribal Consultation if requested by that tribe.
The ADE Tribal Consultation Affirmation form has been updated and is available in the resource table below. However, for this year only (FY28), ADE will continue to accept submission of the previous affirmation form via EMAC.

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.

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

RESOURCE	About	Access
FY28 List of Affected LEAs with Native American Student Enrollment of 50% or Greater	List of LEAs with 50% or greater Native American Student Enrollment and Tribes required to consult for the 2027-2028 school year.	View Here Updated: October 8th, 2026
FY28 List of Affected LEAs that received Title VI funding exceeding $40,000	List of LEAs that received Title VI funding exceeding $40,000 and Tribes required to consult for the 2027-2028 school year.	Pending release from the U.S. Office of Indian Education. Anticipated January 2027.
Tribal Consultation Guide	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.	View Here Updated: October 8th, 2026
Tribal Consultation Infographic	Quick overview of Tribal Consultation requirements, process, and suggested timeline.	View Here Updated: October 8th, 2026
Contacts: Tribal Consultation Representatives	List 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 Updated: March 2026
Affirmation of Tribal Consultation	The form with instructions for filling out the Affirmation of Consultation document.	View Here Updated: October 8th, 2026

Note: An LEA may meet one or both criteria of ESSA Tribal Consultation.

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

Affected LEAs

Helpful Information

SY27-28 (FY28) Affected LEAs and Tribes.
- SY27-28 (FY28) Affected LEAs and Tribes - LEAs that have 50% or more Native American student enrollment.
- SY27-28 (FY28) Affected LEAs and Tribes - The list of affected LEAs and tribes for SY 2027-2028 (FY 2028), based on LEAs that received Title VI funding exceeding $40,000, is currently pending from the U.S. Office of Indian Education. The list is expected to be available in January 2027.
- Note: An LEA may meet one or both criteria of ESSA Tribal Consultation.
Updated Affirmation Form of Tribal Consultation for SY27-28 (FY28)
Student Data to Support Meaningful Consultation
Service Areas - Maricopa Association of Governments (MAG) Boundary Data
- Service Area Map

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, Resources | U.S. OIE Formula Grant Program.

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.

Frequently Asked Questions

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

When are Affirmation Forms due?

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:

WE AGREE that we have participated in meaningful and timely consultation prior to the affected local educational agency’s submission of a required plan or application for a covered program under this Act or for a program under Title VI of this Act

Do LEA's need to consult with tribes if they do not have any students enrolled from these tribes?

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.

How do I contact the tribe for consultation?

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

I am new to tribal consultation, where do I begin?

Begin with the Tribal Consultation Guide. In addition, the OIE staff is available to provide virtual training with an organization's team. If interested, please contact the Tribal Grants Specialist, using the tribal consultation inbox at [email protected]

Are affected LEAs required to consult with a tribe that has "BIE Schools only"?

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.

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.