Be aware of the distinguish between 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 detail ) , whereas collaboration refers to a general building of relationships with the tribes which we encourage all school districts to engage in 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), who meet one of these criteria are required to consult with tribes in their area. These LEAs are labeled "affected" LEAs.
For FY23, 56 LEAs meet one or both of these criteria and are required to consult with tribes.
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 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, Indian, Native Hawaiian, and Alaska Native Education
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
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*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
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