ESSA Tribal Consultation

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.

There are currently 51 LEAs that meet one or both of these criteria and are  required to consult with tribes.

 

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 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

To view the notes within each presentation, click on the comment icon in the top left corner

Arizona Tribal Education Department Websites

Elementary and Secondary Education Act (ESEA)

ESEA Section 8538 - Consultation with Indian Tribes

US Dept of Education Title VI, SY 2020-21 Title VI Tribal Consultation List

ED 506 Indian Student Eligibility Certification Form Link       

*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 

 

Training is typically offered each summer (Jul-Aug) .  In-person training has been placed on hold due to the pandemic.  However, training presentations are available under the Tribal Consultation Training section above or a virtual training session can be scheduled, please contact the Tribal Grants Specialist, [email protected], if you would like additional training.

 

Yes, consultation is still required. The Local Educational Agency (LEA) may have students enrolled, such as the Hope 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.  Reference the tribal consultation requirements in the Guidance section above.   

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.

 

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