Johnson-O’Malley (JOM) is a federal program whose main objective is to ensure Indian children receive educational opportunities that would not otherwise be provided through the public school system. JOM is a supplemental program providing special services to Indian students based on the needs of individual communities.
The Johnson-O'Malley Program is authorized by the Johnson-O'Malley Act of 1934 and the implementing regulations are provided in Part 273 of Title 25 of the Code of Federal Regulations. As amended, this Act authorizes contracts for the education of eligible Indian students enrolled in public schools.
A student’s Personally Identifiable Information (PII) must be protected. The Family Educational Rights and Privacy Act (FERPA) (20 U.S.C. § 1232g; 34 CFR Part 99) is a Federal law that protects the privacy of student education records.
Reference, Part 273 of Title 25, Code of Federal Regulations, https://www.ecfr.gov
§273.112 An Indian student is eligible for benefits provided by a Johnson O'Malley contract if the student is:
From age three (3) years through grade(s) twelve (12);
Not enrolled in a Bureau-funded school or sectarian school (except the student is eligible if enrolled in a previously private school controlled by an Indian Tribe or Tribal organization); and
Is either:
At least one-fourth (1⁄4) degree Indian blood descendant of a member of an Indian Tribe as defined in §273.106*;
A member of an Indian Tribe as defined in §273.106*.
* Indian Tribe means any Indian Tribe, band, nation, rancheria, pueblo, colony or community, including any Alaska Native village or regional or village corporation as defined in or established pursuant to the Alaska Native Claims Settlement Act (85 Stat. 688) which is federally recognized as eligible by the U.S. Government through the Secretary for the special programs and services provided by the Secretary to Indians because of their status as Indians.
The requirement is for one or the other, so yes, if a student does not have ¼ degree Indian blood but is a member of a Federally recognized tribe (verified with enrollment number), they are JOM eligible.
JOM eligibility includes either:
At least one-fourth (1⁄4) degree Indian blood descendant of a member of an Indian Tribe as defined in §273.106*;
A member of an Indian Tribe as defined in §273.106*.
Yes. Verification of this criteria would be through the Certificate of Indian Blood (CIB). The student could be a descendent of someone who is enrolled in a federally recognized tribe but the student themselves are not enrolled. Through this lineage, the student would need to demonstrate they are ¼ degree of Indian blood (per CIB).
Another example: A student is ½ Navajo and has their CIB. However, their half-brother is not enrolled with the tribe, but they have the same father who is 4/4 Navajo and has his CIB. The half-brother would qualify for JOM since his father is 4/4 Navajo with a CIB, therefore, his son would be ½ Navajo as a descendant, verified by his father’s CIB.
Yes, DCS would be covered under the JOM regulation definition of “parent”
Per JOM Regulation, CFR Title 25, §273.106:
Parent means the lawful father or mother of someone and may include an individual or agency whose status as a guardian has been established by judicial decree.