Bureau of Indian Education Standards, Assessments, and Accountability System Negotiated Rulemaking Committee Establishment; Proposed Membership
Federal Register, Volume 83 Issue 74 (Tuesday, April 17, 2018)
Federal Register Volume 83, Number 74 (Tuesday, April 17, 2018)
Proposed Rules
Pages 16806-16808
From the Federal Register Online via the Government Publishing Office www.gpo.gov
FR Doc No: 2018-07922
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DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
25 CFR Part 30
189A2100DD/AAKC001030/A0A501010.999900 253G
Bureau of Indian Education Standards, Assessments, and Accountability System Negotiated Rulemaking Committee Establishment; Proposed Membership
AGENCY: Bureau of Indian Affairs, Interior.
ACTION: Proposed membership of Committee and request for nominations.
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SUMMARY: The U.S. Department of the Interior is announcing the proposed members to form the Bureau of Indian Education (BIE) Standards, Assessments, and Accountability System Negotiated Rulemaking Committee (Committee) which will advise the Secretary of the Interior (Secretary) through the BIE on a proposed rule to revise the Adequate Yearly Progress regulation as previously announced in the Federal Register. This notice solicits comments on the proposed membership, and invites additional nominations for Committee members who will adequately represent the interests that are likely to be significantly affected by the proposed rule. The Secretary also proposes to appoint Federal representatives to the Committee as listed.
DATES: Comments must be submitted no later than May 17, 2018.
ADDRESSES: Send comments and nominations to the Designated Federal Officer, Ms. Sue Bement, Education Program Specialist, Bureau of Indian Education, by any of the following methods:
(Preferred method) Email to: email protected;
Mail, hand-carry or use an overnight courier service to the Designated Federal Officer, Ms. Sue Bement, c/o The Office of Regulatory Affairs and Collaborative Action, 1001 Indian School Road NW, Suite 312, Albuquerque, NM 87104.
FOR FURTHER INFORMATION CONTACT: The Designated Federal Officer, Ms. Sue Bement, Bureau of Indian Education; email: email protected; phone: (952) 851-5427.
SUPPLEMENTARY INFORMATION:
Background
The purpose of the BIE Committee is to serve as an advisory committee under the Federal Advisory Committee Act (FACA) and the Negotiated Rulemaking Act (NRA). Pursuant to the Federal Register notice of intent (82 FR 43199), the Secretary has selected 13 Tribal representatives and 5 Federal representatives for the Committee, for a proposed total of 18 members.
Every Student Succeeds Act
The Every Student Succeeds Act (ESSA) reauthorizes and amends the Elementary and Secondary Education Act of 1965 (ESEA). ESEA Section 8204, as amended by ESSA directs the Secretary of the Interior, in consultation with the Secretary of Education, if so requested, to use a negotiated rulemaking process to develop regulations for implementation of the Secretary of the Interior's responsibility to define standards, assessments, and an accountability system for Bureau-funded schools. The Committee will recommend regulations that will replace the existing regulations at 25 CFR part 30 and implement the Secretary's new statutory responsibility to define standards, assessments, and an accountability system for Bureau-funded schools consistent with ESEA section 1111, as amended, on a national, regional, or Tribal basis, as appropriate, taking into account the unique circumstances and needs of such schools and the students served by such schools.
ESEA section 8204 also provides that if a Tribal governing body or school board of a Bureau-funded school determines the requirements established by the Secretary of the Interior are inappropriate, they may waive, in part or in whole, such requirements. Where such requirements are waived, the Tribal governing body or school board must, within 60 days, submit to the Secretary of the Interior a proposal for alternative standards, assessments, and an accountability system, if applicable, consistent with ESEA section 1111. The proposal will be approved by the Secretary of the Interior and the Secretary of Education, unless the proposed standards, assessments, and accountability system do not meet the requirements of ESEA section 1111, taking into account the unique circumstances and needs of such school or schools and the students served. Additionally, a Tribal governing body or school board of a Bureau-funded school seeking a waiver may request, technical assistance from the Secretary of the Interior and the Secretary of Education.
Proposed Work of the Committee
The objectives of the Committee are to represent the interests that will be significantly affected by the final regulations, negotiate in good faith, and reach consensus, where possible, on recommendations to the Secretary for the proposed regulations.
The Committee will be charged, consistent with ESEA section 8204, with developing draft regulations to implement the Secretary's responsibility to define the standards, assessments, and an accountability system, consistent with ESEA Section 1111, for Bureau-
funded schools. The draft regulations will be considered by the Secretary and subject to government-to-government consultation. As a part of its deliberations, the Committee will consider the appropriate scope of the draft regulations, e.g., national, regional, or Tribal basis, as appropriate, taking
Page 16807
into account the unique circumstances and needs of such schools and the students served by such schools, and how BIE will implement such regulations.
The BIE encourages Tribal self-determination in Native education, by encouraging governing Tribes or school boards to develop alternative standards, assessments, and an accountability system, and by providing technical assistance. Therefore, the Committee will also be asked to provide recommendations on how the BIE could best provide technical assistance under ESEA section 8204 to Tribes who opt to exercise their authority to waive in part or in whole the Secretary's definition of standards, assessments, and accountability system.
Since the contemplated regulations must be in place as soon as possible, the Committee will be expected to meet frequently within a short time frame. The BIE currently anticipates up to four meetings, with each meeting lasting two to three days in length. The BIE has dedicated resources required to: Ensure the Committee is able to conduct meetings, provide technical assistance, and provide any additional support required to fulfill the Committee's responsibilities.
Proposed Tribal Committee Members
On September 14, 2017, the BIE published a Federal Register notice of intent (82 FR 43199) requesting comments and nominations for Tribal representatives for the Committee. The comment period for that notice of intent closed October 16, 2017.
Within the notice, the BIE solicited comments on the proposal to establish the Committee, including comments on any additional interests not identified. The BIE solicited nominations from Tribes whose students attend Bureau-funded schools operated by either BIE or by the Tribe through a contract or grant who would be affected by the final rule to nominate a representative and alternate to serve when the representative is unavailable for membership on the Committee. The BIE also invited nominations for Committee members who will adequately represent the interests that are likely to be significantly affected by the proposed rule such as: Students enrolled, or parents of students enrolled at the 174 Bureau-funded schools, school teachers, and administrators, Tribes, and Indian communities served by these schools.
The proposed Committee was selected based upon nominations submitted through the process identified in the Federal Register (82 FR 43199) dated September 14, 2017, under the ``Nominations'' section. The Secretary did not consider nominations that were received in any other manner or were received after the close of the comment period.
The Secretary proposes the following Tribal representatives for the Committee:
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Proposed committee member Nominated by
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Gloria Coats-Kitsopoulos, Superintendent, Oglala Sioux Tribe (South
American Horse School. Dakota).
Charles Cuny, Superintendent, Little Wound Oglala Sioux Tribe (South
School. Dakota).
Michael Debrieo, Principal, Kha'p'o Santa Clara Indian Pueblo
Community School. (New Mexico).
Ronald Etheridge, Deputy Executive Intertribal Council of the
Director of Education Services, Cherokee Five Civilized Tribes
Nation. (Oklahoma).
Leslie Harper-Liberty, Government Leech Lake Band of Ojibwe
Relations Specialist, Leech Lake Band of (Minnesota).
Ojibwe.
Tommy Lewis, Jr., Superintendent of National Indian Education
Schools, Navajo Nation. Association (Arizona).
Jennifer Lynn McLeod Tyson, Tribal Sault Ste. Marie Tribe of
Councilwoman, Sault Ste. Marie Tribe of Chippewa Indians
Chippewa Indians. (Michigan).
Patricia Sandoval, Director of Planning Pueblo of Laguna (New
and Evaluation, Santa Fe Indian School. Mexico).
Delima ``Bonnie'' Rose Payer, Teacher, American Federation of
Ojibwa Indian School on the Turtle Teachers (North Dakota).
Mountain Reservation.
Richard St. Germaine, Commissioner, Mille Lacs Band of Ojibwe
Education for the Mille Lacs Band of (Minnesota).
Ojibwe.
Sherry Tubby, Exceptional Education Mississippi Band of Choctaw
Coordinator, Choctaw Tribal Schools. Indians (Mississippi).
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The Secretary proposes the following alternate Tribal representatives for the Committee:
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Proposed alternate committee member Nominated by
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Lucinda Campbell, Lukachukai Community Dineacute Grant Schools
Board of Education, Inc.. Association (Arizona).
Franklin No Runner, Superintendent, St. Northern Arapaho Business
Stephens Indian School. Council (Wyoming).
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Proposed Federal Committee Members
The Designated Federal Officer for the Committee will be Ms. Sue Bement, Bureau of Indian Education. The Secretary proposes the following Federal representatives for the Committee:
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Name Affiliation
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Jeffrey Hamley, Associate Deputy Director, Bureau of Indian Education.
Division of Performance and
Accountability.
Lora Braucher, Superintendent, Chemawa Bureau of Indian Education.
Indian School.
Brian Quint, Attorney-Advisor............. Office of the Solicitor.
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Page 16808
The Secretary proposes the following alternate Federal representatives for the Committee:
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Name Affiliation
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Jimmy Hastings, Education Program Bureau of Indian Education.
Administrator.
Brenda Riel, Attorney-Advisor............. Office of the Solicitor.
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Comments
The Secretary solicited comments on the proposal to establish the Committee and received one response from the National Indian Education Association (NIEA) that was submitted through the process identified in the Federal Register (82 FR 43199) dated September 14, 2017. The Secretary did not consider comments that were received in any other manner or were received after the close of the comment period.
The comments received from NIEA: (1) Support the proposal to form a negotiated rulemaking committee, (2) encourage the Secretary to include Native educators, researchers, and evaluators on the Committee, and (3) encourage the Secretary to ensure that representatives are served by Bureau-funded schools.
Both the Secretary and the BIE believe the proposed representatives address NIEA's comments to ensure the Native students are best supported and evaluated holistically. The proposed representatives carry a wide range of experiences, knowledge, and understanding to support Native students both academically and culturally.
Nominations
If you are a Tribe with Bureau-funded schools, an Indian education organization, or an interested individual, we invite you to comment on the proposed nominations in this notice or to nominate other persons for membership on the Committee. The Committee membership should reflect the diversity of Tribal interests, and Tribes should nominate representatives and alternates who will:
Have knowledge of school standards, assessments, and accountability systems;
Have relevant experiences as past or present superintendents, principals, teachers, or school board members;
Are able to coordinate, to the extent possible, with other interests who may not be represented on the Committee;
Are able to represent one or more of the specified interests with the authority to embody the views of that or those interest(s), communicate with interested constituents, and have a clear means to reach agreement on behalf of the interest(s);
Are able to negotiate effectively on behalf of the interest(s) represented;
Are able to commit the time and effort required to attend and prepare for meetings; and
Are able to collaborate among diverse parties in a consensus-seeking process.
The Secretary will consider nominations for representatives only if they are nominated through the process identified in this Notice and in the Federal Register Notice of Intent (82 FR 43199). The Secretary will not consider any nominations received in any other manner. The Secretary will not consider nominations for Federal representatives; only the Secretary may nominate Federal employees to the Committee.
Nominations must include the following information about each nominee:
(1) A current letter from the entity representing one of the interest(s) identified supporting the nomination of the individual to serve as a representative for the Committee;
(2) A resume reflecting the nominee's qualifications and experience in Indian education; resume to include the nominee's name, Tribal affiliation (if applicable), job title, major job duties, employer, business address, business telephone and fax numbers (and business email address, if applicable);
(3) The interest(s) to be represented by the nominee identified in Section V, in the Federal Register (82 FR 43199) published September 14, 2017, and whether the nominee will represent other interest(s) related to this rulemaking;
(4) A brief description of how the nominee will represent the views of the identified interest(s), communicate with constituents, and have a clear means to reach agreement on behalf of the interest(s) they are representing; and
(5) A statement on whether the nominee is only representing one interest or whether the expectation is that the nominee represents a specific group of interests.
To be considered, nominations must be received by the close of business on the date listed in the DATES section, at the location indicated in the ADDRESSES section.
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Public Disclosure of Comments
Before including your address, phone number, email address, or other personal identifying information in your comment, you should be aware that your entire nomination submission--including your personal identifying information--may be made publically available at any time. While you can ask us in your submission to withhold your personal identifying information from public review, we cannot guarantee that we will be able to do so.
Authority: The Elementary and Secondary Education Act of 1965, as amended, 20 U.S.C. 6301 et seq.
Dated: April 9, 2018.
John Tahsuda,
Principal Deputy Assistant Secretary--Indian Affairs, Exercising the Authority of the Assistant Secretary--Indian Affairs.
FR Doc. 2018-07922 Filed 4-16-18; 8:45 am
BILLING CODE 4337-15-P
