Current Legal Issues Facing P.L. 100-297 Grant Schools: What

You Don’t Know Could Hurt You

R. Gehl Tucker(gt@h2m2law.com)

Hufford, Horstman, Mongini, Parnell & Tucker, PC

Presented by:

Hufford, Horstman, Mongini, Parnell & Tucker, P.C. © 2014

¿ KNOW WHAT IS COMING¿ PLAN FOR IT TO AVOID

REACTING TO IT¿ TRY TO CHANGE IT BEFORE IT

BECOMES LAW¿ ADVOCATE FOR WHAT IS

MISSING

• WHAT ISSUES DO YOU SEE COMING?

The law defines our school and our roles in operating and sustaining our schools

P.L. 93-638 P.L. 100-297 P.L. 107-110 NCLB Ordinance 36; Title 10; WMA Resolution &

Education Code

A. Board – Oversight, Policy, Responsibility

B. Staff – Implement

C. Community (Parents, Chapter) Advisory not Adversary Function

School Policies and Procedures

LOCAL v. CENTRAL CONTROL OF COMMUNITY SCHOOLS

BIE “REDESIGN” aka “WE’RE

OUTA HERE!”

NEWS RELEASE Date: June 13, 2014

Secretary of the Interior Sally Jewell today announced a plan to transform the Department of the Interior’s Bureau of Indian Education (BIE) and to ensure that all students attending BIE-funded schools receive a world-class education that is delivered to them by tribes.

NEWS RELEASE Date: June 13, 2014

Secretary Jewell issued a Secretarial Order that will redesign the BIE from a direct provider of education into an innovative organization that will serve as a capacity-builder and service-provider to tribes with BIE-funded schools.  

NEWS RELEASE Date: June 13, 2014

Secretary Jewell issued a Secretarial Order that will redesign the BIE from a direct provider of education into an innovative organization that will serve as a capacity-builder and service-provider to tribes with BIE-funded schools.  

EFFECTS TED Government to Government One Grant System Lose Control of $$$, Curriculum,

Personnel No Need for Local Boards No Need for Local Administrators “Close & Consolidate” Tribal Politics

ONE GRANT SYSTEM

Money and authority to tribe and they decide what you get of each.

Federal Government Slides Away

SEQUESTRATION• Quiet, but not gone• Must check every year• CBO Final Sequestration

Report• OMB Final Sequestration

Report

Sequestration

“Sequestration: Just Another Name For Broken Promises”

Indian Country Today 7/11/13Article regarding North Dakota

Senator Byron Dorgan’s New York Times Editorial

Sequestration

“. . . These leaders and communities [Native Americans] are once again being mistreated by a failed American policy, this time going under the ugly name ‘sequestration.’ This ignorant budget maneuvering requires a cross-the-board spending cuts to the most important programs along with the least important. American Indian kids living in poverty are paying a very high price for this misguided abandonment of Congressional decision-making.”

Broken PromisesNew York Times Editorial

by Byron L. Dorgan7/10/13

Sequestration

“Congress should hold a series of investigative hearings on our unfulfilled treaties with American Indians. Add up the broken promises, make an accounting of the underfunding, all of it, and then work with these Tribes to develop a plan to make it right. In the meantime, we must exempt Indian Country from sequestration – right now.”

Former Senator Dorgan, id.

Sequestration

WHAT IS IT?

- Automatic Spending Cuts- Little or no Analysis- Across the Board- For Discretionary Spending

Sequestration

WHAT DOES THIS MEAN FOR US?

1. Mandatory v. Discretionary Spending

- Mandatory Spending, i.e. Medicare, Social Security (Entitlements) required by specific laws

- Discretionary paid according to annual budget process

Sequestration

NATIVE AMERICAN PROGRAMS ARE DISCRETIONARY, FUNDED FROM DISCRETIONARY FUNDS

Sequestration

WE SAY NO. THESE ARE TREATY RIGHTS NOT DISCRETIONARY

EXPENDITURES!

Sequestration

“This money is not aid. It is not discretionary. It is what is owed to these

people.”

James RickleyFort Peck Supt. Of Ed.

Montana

Sequestration

OPTIONS

- CHANGE LAW

- EXEMPT FROM SEQUESTRATION

LEGAL ISSUES

1. Technology Bullying / Harassment A. PoliciesB. Nexus – off campus problemsC. Keep Current

2. ISEP Funds for Administrative Cost3. TED’s/Local Control

LEGAL ISSUES

4. Organizations & People5. ACG/TSCG