A RESOURCE GUIDE FOR APPLYING NCLB IN HIGH SCHOOL CLASSROOMS
COMPONENT: Assisting Indian Students
DEFINITION: The No Child Left Behind Act generically defines “Indian” to include Native Americans originating in the contiguous forty-eight States, Native Hawaiians and Native Alaskans. Generally speaking, in Titles I - VI and VIII - X, all three groups are treated as Indians in any program designed to serve the needs of Indian children. Title VII, which deals with specific programs exclusive to Indians, distinguishes between the three groups, devoting Part B to Hawaiian Native education and Part C to Native Alaskan education.

The No Child Left Behind Act further distinguishes between Indian children attending schools controlled by the Bureau of Indian Affairs (which draw funding from the Department of the Interior), Indian children attending schools sponsored by Tribes or tribal organizations, and Indian children mainstreaming in public schools overseen by local school districts.
SUMMARY OF NCLB REQUIREMENTS

Adherence to State Standards

Indian students in Bureau of Indian Affairs, Tribal, or local school district high schools are regarded as public school students. They are included in the statewide pool of public school students and are expected to “meet the same challenging State student academic achievement standards as all other students are expected to meet.”

Indian students attending private high schools are not treated as a separate class in the No Child Left Behind Act.

Programs not Exclusive to Title VII

Specific language in Title I requires that Indian children be included in each school district’s plan.

Funding for programs and services is split between the Department of the Interior and the Department of Education. High schools serving Indians are eligible for grants whether they are operated by the Bureau of Indian Affairs, a Tribe, or a school district. Eligibility rules are generally the same for all schools serving Indian children.

Title VII Programs

Title VII includes a number of programs exclusive to Indians, Hawaiian Natives, or Native Alaskans. Some are duplications or enhancements of programs found in the other titles (e.g., English proficiency). Some are unique to Title VII (e.g., Administrative Planning and Development). Eligibility is restricted to these groups. Grants are often formula driven, administrative costs are generally included and funds may often be commingled. The goals of English and math proficiency and meeting all “challenging State student academic achievement standards” remain, but the desire to respect and preserve Indian language and culture flavors the programs.
SUGGESTIONS FOR IMPLEMENTATION

As many of the grants under Title VII are formula grants and many grants to Bureau of Indian Affairs schools are awarded without open competition, implementation of these programs is accomplished under relatively broad guidelines.

The issues are more complex for a public high school, especially one in an urban area, that serves an Indian population and must work through a school district to secure support for programs and services offered under Titles I - VI of the No Child Left Behind Act.

Some suggestions for developing a case follow:

Step One: Organize - Collect data that substantiate eligibility of Indian students. Engage parents and local Tribal Elders in discussions of educational and cultural needs. Working together, programs and grants should be identified which meet defined needs, such as retention of Indian students and professional development for their teachers.

Step Two: Analyze and Reflect - The No Child Left Behind Act requires consideration of “the unique educational and culturally related academic needs” of Indian children. In the early twentieth century Indian children living on reservations were routinely separated from their parents and forbidden to speak native languages or wear native dress. During the mid-twentieth century Indians were encouraged to migrate from reservations to the cities, where it was hoped they would forget the old ways and become assimilated into the prevailing culture. These experiences have not been forgotten by Indians and continue to influence Indian attitudes toward the “white man’s” educational system. Proficiency in English, for example, may be an essential skill for all children, but achieving it in a manner that respects and preserves Indian culture will require teachers with sensitivity that matches their mastery of the subject-matter. Programs and services must be designed with these special needs in mind.

Step Three: Seek outside help - Tribal Elders can assist in professional development and in tutoring Indian children. Tribal leaders from the reservations can also be engaged. Visits to a local reservation may prove useful to teachers, administrators in the school and administrators in the school district.

Step Four: Act - Use the periods of “timely and meaningful consultation” with the school district to ensure programmatic needs of Indian children are included in the plan. Apply for Title VII money for specific programmatic needs. Implement a program and evaluate on all fronts, using community input as well as the results of State and local assessment to measure progress.
SOURCES FOR FURTHER INFORMATION

Public law 107-110, The No Child Left Behind Act of 2001
http://www.ed.gov/legislation/ESEA02/

Guidance on Standards, Assessments, and Accountability
http://www.ed.gov/offices/OESE/StandardsAssessment/ayp.html

Consolidated State Application Accountability Plans
http://www.ed.gov/admins/lead/account/stateplans03/default.cfm