Johnson O'Malley (JOM) Program

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.

Bureau of Indian Affairs Website

Arizona JOM Quarterly Forum

 

**   FREQUENTLY ASKED QUESTIONS (FAQs)   **

ELIGIBILITY

  Who is eligible for JOM?

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.

 Is a child eligible if they do not have a 1/4 degree Indian blood but are enrolled in a tribe?

Yes, if a child is a member of a Federally recognized tribe (verified with enrollment number), they are JOM eligible. The must be between age 3 and grade twelve.

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*;

  Is a child eligible if they are not enrolled in a tribe but have at least 1/4 degree of Indian blood as a descendent of a tribal member?

Yes.  Verification of this criteria would be through the descendent's Certificate of Indian Blood (CIB) and the child's birth certificate. The child could be a descendent of someone who is enrolled in a federally recognized tribe but the child themselves are not enrolled.  Proof would need to be provided (birth certificate) to show the child's lineage and to demonstrate they are at least ¼ degree of Indian blood (descendent's  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 100% Navajo (based on his CIB).  The half-brother would qualify for JOM  as ½ Navajo, verified by the child's birth certificate and his father’s CIB.

ENROLLMENT

   If a child is in the Department of Child Services (DCS) care, can the DCS caseworker sign the JOM form to enter a child in the JOMprogram?

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.

STUDENT COUNT

  Is there a date that the count should be based on?

 

Yes, use Oct 1 data. 

Recognizing student enrollment fluctuates and counts will be different depending on when they are done, using Oct 1 data provides consistency when conducting comparisons and additional analysis. The Oct 1 data is also used for most Federal reports.

Reference the Student Count Guidelines under the Program Information section above.

 Should students be counted as Eligible or Potential if proving their JOM eligibility via lineage (parent's Certificat of Indian Blood (CIB))?

Eligibility via a parent's CIB is sufficient certification to enroll the student in JOM, therefore this student would be counted on the eligible  worksheet, unless they were enrolled after the Oct 1 count date.

Reference the Student Count Guidelines unde the Program Information section above.  Students enrolled in JOM after Oct 1 would be listed on the potential worksheet, as well as any Native American student who does not have the necessary documentation to certify their JOM eligibility.

RECORDS RETENTION

  How long should records be retained for JOM?

 

  • 5 Years for the Parent Indian Education Committee Verification form (Form A-IEC)
  • 3 Years for Indian Student Enrollment Certification of Eligibility form (Form 305) 

 

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