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.
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 $40,000 or more in Title VI funding **
* This criteria is 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 Education Formula Grants to Local Educational Agencies
Affected LEAs are required to consult with local tribal officials on plans or applications for a covered program under ESSA