Northern Arapaho Tribal Education Code 05-04-06

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    NORTHERN ARAPAHO CODE

    Title 8. EDUCATION

    Chapter 1 - General ProvisionsSection10 1 Title102 Disclaimer r egarding the Eastern Shoshone Tribe

    103 Authority10 4 Findings, Intents and Purposes, and Declaration of Policy

    10 5 Definitions

    106 Construction of Tense Used10 7 Masculine Gender Inclusive

    108 Reference to Code Includes Amendments

    10 9 Severability

    110 Repeal of Inconsistent Ordinances

    11 1 Effective Date

    Chapter 2 - Northern Arapaho Department of Education

    Section20 1 Department of Education202 Education Advisory Committee203 Director

    Chapter 3 - School Boards and Governing Bodies

    Section30 1 School Boards

    302 Compliance Evaluation

    Chapter 4 - Curriculum and Education StandardsSection40 1 Curriculum

    402 Education Standards

    Chapter 5 - Educational Policies and Programs

    Section501 Alcohol, Nicotine or Tobacco, and Drug Abuse Education502 Parental and Community Involvement

    503 School Attendance

    504 Continuing Education

    Chapter 6 - Educators

    Section601 Educators

    Chapter 7 - Indian PreferenceSection70 1 Indian Preference

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    CHAPTER 1: GENERAL PROVISIONS

    Section 101 - Title. This Title is the Education Code of the

    Northern Arapaho Tribe and it may be cited as th e Tribal

    Education Code, 8 N.A.C. 101 et seq.

    Section 102 - Disclaimer r e ga r d in g t h e Eastern Shoshone Tribe. By

    enacting this Code, the Northern Arapaho Tribe asserts no claim

    of authority or jurisdiction whatsoever regarding the educational

    goals, policies, rules, standards or objectives established or to

    be established by th e Eastern Shoshone Tribe.

    Section 103 - Authority.

    (a) I n h er e nt A u t h or i ty o v e r Formal Education.

    Arapaho Tribe has inherent sovereign authority over

    of its members and enacts this Code in the exerciseauthority.

    The Northern

    the education

    of such

    (b) Tribal Laws Apply to Local Schools and Other Educational

    Institutions to Maximum Extent. In the operation of local

    schools and other educational institutions, the laws of th e

    Northern Arapaho Tribe apply to the maximum extent of thejurisdiction of the Tribe.

    (c ) Authority of t h e B u s i ne s s Council to NegotiateAgreements to Implement the Tribal Education Code. The Northern

    Arapaho Business Council may negotiate with federal, state, and

    other tribal governments, or their political subdivisions, any

    agreements necessary to implement the policies and provisions of

    this Code.

    (d) Other Rights and Powers n ot Abrogated by A u t h o ri t y o v e r

    Formal Education. In exercising its authority over education,th e Northern Arapaho Tribe does not sanction or cause any

    abrogation of the other rights of t he Tribe or its members basedupon inherent sovereign powers or federal law, nor does it

    diminish any trust responsibility of th e federal government,including but not limited to obligations se t forth in the

    applicable treaties or of the state government or any political

    subdivisions thereof, including without limitation, the

    obligation to provide a non-discriminatory public education.

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    Comment: Se e 25 U.S.C. 231, which permits th e Secretary of Interior to allows t a t e authorities to enforce state compulsory school attendance laws againstIndian children bu t only if th e t r i b e involved ha s adopted a resolution

    consenting to th e same.

    Section 104 - Findings, Intents and Purposes, and Declaration of

    Policy.

    (a) Findings. The Northern Arapaho Tribe finds that:

    (1) Achievement levels at elementary an d secondaryschools on th e Wind River Indian Reservation w i th h i ghNative American enrollment are notably low;

    (2) Dropout rates in th e secondary schools on th e Wind

    River Indian Reservation ar e exorbitant when compared toState of Wyoming an d national averages;

    (3) Although all elementary an d secondary schools onthe Wind River Indian Reservation have been tested using th eWyCAS standardized testing methods fo r achievement levels,the measured effectiveness is questionable;

    (4) Indian studies ar e not taught in all elementary an dsecondary schools on the Wind River Indian Reservation an dwhen they are, they ar e taught only on a limited basis.Specific tribal studies curricula have not been fully

    developed or implemented in an y school system;

    (5) The Arapaho language is not taught in all schoolson the Wind River Indian Reservation;

    (6) Th e Northern Arapaho Tribe has an officialorthography for writing an d pronouncing th e Northern Arapaholanguage;

    (7 ) Th e percentage of Indian f a cu l ty i n elementary an dsecondary schools on the Wind River Indian Reservation isfa r below the percentage of Indian students attending thoseschools;

    (8) Parenting an d family life education is criticallyneeded to encourage p o s i t iv e , e f f e c t iv e parenting skills, asw el l a s effective parental involvement in the schools;

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    (9) Parental an d community involvement i n t he WindRiver Reservation Schools is adequate, but parental an d

    community involvement i n l oc al schools outside th eReservation is minimal. Such involvement is limited toparent groups, committees, an d p r oc e d ur e s a s required under

    federal Indian education l aw s a nd programs; an d

    ( 10 ) T he federal government ha s a trust obligation, as

    embodied in treaties, statutes, an d th e United StatesConstitution, to provide for the formal education of Indianstudents who attend federal, tribal, an d state schools. Th efederal government historically ha s failed to live up to it sresponsibilities in the area o f I n di a n education.Recognizing that a good formal education is critical to th e

    survival of th e Northern Arapaho Tribe, it is in the bestinterests o f t he T ri be to assert i ts responsibility over th eformal education systems on th e Reservation to improve thosesystems in the best interest o f th e Tribe an d its members.

    Comment: In 2003, s tude nts in th e fourth grade in th e Wind River Reservation

    s c h oo l s s c o re d in the eighteenth percentile (18%)on th e n a ti o na l s ca l e i nreading, an d in th e thir teenth percentile (13%)in mathematics. Students inth e twelfth grade at Wyoming Indian High scored in th e thirty-secondpercentile (32%)on th e n at i on al s c al e i n reading, an d i n t he twenty-ninthpercentile (20%)in mathematics. In 2001-2002, th e average dropout rate fo rth e state of Wyoming wa s 5.87%. On th e Wind River reservation, th e rate fo rWyoming Indian High school wa s 12.20% with an average of 16.67% from th eschool years 1991-2002 an d a maximum of 23.77% fo r th e 1997-98 school year.

    A report by th e State of Wyoming in 2002 indicated that lo w academiclevels among Indian youth is prevalent. Th e Wind River Indian Reservation wa srated among th e highest area fo r at-risk youth.

    December 2002 enrollment at St . Stephens w as 2 7 7 students, of which 98%were Indian. 52 were evaluated with learning disabilities an d 18 of the 52 ha dspeech/ language disabilities. Sta te s tudie s of educational levels in Wyomingschool districts found children in th e Wind River Reservation area schoolsscored far below th e national average.

    St . Stephens Indian School, Wyoming Indian Elementary, Middle an d HighSchool, Arapaho school an d the Arapaho Emersion pre-school o ffer ArapahoLanguage programs. These programs ar e not offered in an y other elementary orsecondary schools on th e Wind R iver Indian Reservation;

    Th e ratio of Indian teachers to Indian students on th e Reservationremains low. Fo r example, Wyoming Dept. of Education figures show th at in

    2004, 98% of th e students in District 38 ( A r ap a ho e ) w e r e I nd i an b ut o n ly 24%of th e teachers were Indian; that 99% o f t he students in District 14 (WyomingIndian) were Indian bu t only 32% o f t he teachers were Indian. While Rivertonschools ha d 34 8 Indian students in 2006, th e schools employed 0 Indianteachers. In addition, schools have no se t criteria fo r hiring professionalpersonnel other than state certification requirements.

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    (b) Purposes. The purposes of this Code are to:

    (1) Provide th e necessary resources to preserve,protect, and perpetuate th e Northern Arapaho Tribe with its

    human and other resources;

    (2) Provide a means to promote understanding and

    coordination of branches, agencies, and entities of th e

    Northern Arapaho Tribe on th e purposes, standards, and

    functions of education on th e Wind River Indian Reservation;

    and

    (3) Make education on the Wind River Indian Reservation

    a good experience and provide a means to prepare tribal

    members fo r life on and of f th e Reservation.

    (c ) Declaration o f P o li c y. It is hereby declared to be the

    policy of t he Northern Arapaho Tribe that:

    (1) Tribal government must pro vide fo r educa tion to

    protect its members. The most valuable resources of the

    Northern Arapaho Tribe are its tribal members. To preserve,

    protect, and perpetuate the human resources within and on

    the native homelands of the Northern Arapaho, the Tribe must

    be actively involved with all educational endeavors on the

    Reservation and in all schools which serve Northern Arapaho

    students to ensure an effective, appropriate, and relevanteducation of its tribal members;

    (2 ) Education must be e f f e c t i v e , appropriate fo r and

    r e le v an t t o th e Reservation. An effective, appropriate, and

    relevant formal education on the Reservation includes, but

    is no t limited to: academic excellence and h ig h b u t

    realistic expectations for all students; competence in all

    basic academic and cognitive skills; competence in English

    language and knowledge of the non-Indian American culture,

    governments, economics, and environment; competence in

    Arapaho language and knowledge of Arapaho culture,

    government, economics, and environment; knowledge of th ehistory of the Northern Arapaho Tribe and th e role of tribal

    members in promoting the future of the Tribe; development of

    students as healthy individuals, members of families and

    communities, parents, citizens o f t he Tr ibe , t he State, and

    the United States of America; development of self-discipline

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    an d positive self-worth; development of respect for all

    other living beings; development of attitudes which

    encourage lifetime learning, decision-making, problemsolving, an d undertaking of responsibilities in family life,community an d tribal affairs, employment, recreation, an d

    th e use of t he environment; an d parental an d community

    involvement in the formal education process whereby theeducational aspirations an d the cultural values of parents

    an d community members ar e p romo ted an d respected;

    (3) Education shall help prepare students to perpetuate

    t h e T r ib e. Curriculum, education standards, educational

    policies an d programs, an d employment practices developed,

    implemented, or regulated under this Code shall help prepare

    students to assume their responsibilities to perpetuate th eTribe, its resources, an d its culture; shall be carried outthrough coordinated efforts between th e Department, othereducation departments an d agencies, local schools, other

    educational institutions, an d chartered educational programs

    an d chartered schools; an d shall otherwise incorporate th eintents, purposes, an d policies of this Code to th e maximum

    extent possible;

    (4) Tribal government shall work with state and federal

    governments to improve education. The Northen Arapaho

    Department of Education shall develop cooperative working

    relationships with the state an d federal governments toimprove th e education systems on the Reservation; an d

    (5) The ultimate education goal of the Tribe i s s el f-

    determination consistent with i t s heritage. The Tribe is apeople with a distinct political, economic, an d cultural

    heritage. The ultimate goal o f t he Northern Arapaho Triberegarding education is tribal self-determination an d

    individual health an d growth consistent with this heritage.

    Section 105 - Definitions. Unless this Code otherwise indicates,

    th e following definitions apply herein:

    (a) Alcohol, Nicotine or Tobacco, and Drugs. ~ A l c o h o l ,nicotine or tobacco, an d drugs" mean an y substance which mayalter the sensorium, including alcoholic drinks, nicotine,

    tobacco an d tobacco related products, drugs regulated by orcontrolled under federal or tribal l aw , a nd other substances

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    which may result in temporary or permanent loss or diminution in

    judgment, perception, or coordination.

    (b) Business Council.

    Arapaho Business Council.

    "Business Council" means the Northern

    (c) Code. "Code" or "this Code" means the Education Code ofthe Northern Arapaho Tribe.

    (d) College. "College" means Wind River Tribal College.

    (e) Culture. "Culture" means shared patterns of humanbehavior adopted by a group of humans in order to survive as apeople, including but not limited to (1) interpersonal an d

    kinship relationships with all 1 i ving beings; (2) spiritualrelationships; (3) values, assumptions, rules, an d attitudes;

    (4) language; (5) social an d individual development processes;

    an d (6) acquisition an d use of knowledge.

    (f) Curriculum. "Curriculum" means an y planned educationexperience provided for students.

    (g) Department. "Department" means th e Northern Arapaho

    Department of Education.

    (h) Director. "Director" means the Director of the Northern

    Arapaho Department of Education.

    (i) Education Advisory Committee. "Education Advisory

    Committee" or "Committee" means th e Education Committee of theNorthern Arapaho Tribe.

    (j ) Education Standards. "Education standards" meansminimum levels of performance that local schools an d othereducational institutions must attain or minimum requirements thatlocal sc hools an d other educational institutions must mee t toprovide an d document quality curriculum and educational policiesan d programs.

    (k) Educational Data. "Educational data" or "data" includesbut is not limited to : attendance reports, achievement data, testresults, progress reports, evaluations, language proficiencydata, information about curricula an d instruction (including data

    fo r specific classes or topics of instruction), information about

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    employment practices an d staffing, information about social and

    economic variables, information about funding, budgets, an d

    finance, health an d safety information, an d information aboutschool grounds an d buildings.

    (1) Educational Policies and Programs. "Educationalpolicies an d programs" include but ar e not limited to , policiesor programs other t h a n c u r r ic u l u m that develop s t rong s tudent orparent knowledge of , skills in , or involvement with schools,their students, an d their curricula.

    (m) Educators. "Educators" includes bu t is not limited to :teachers, administrators, counselors, an d other professional

    staff of local schools an d other educational institutions.

    (n) Governing Body of Another Educational Institution.

    "Governing body of another educational institution" is theauthorized governing body of another educational institution,with general charge, direction, an d management of th e institutionan d control an d care of all property used by or belonging to it,as provided an d limited by law.

    (0) Indian Preference. "Indian preference" means that first

    preference shall be given to qualified members of th e Tribe,second preference shall be given to qualified members of otherfederally recognized tribes, an d third preference shall be given

    to qualified non-members who ar e not prejudiced towards Nativepeoples.

    (p) Local School. "Local school" is an y school offering

    grades kindergarten through twe lfth, or an y part of that span,located on the Reservation.

    (q) Other Educational Institution. "Other EducationalInstitution" is an y s c h oo l ( e xc e p t Wind River Tribal College)other than a local school that is located on the Reservation,

    including bu t not limited to : chartered educational programs,chartered schools, early childhood programs, a nd a ny other

    education program or school authorized by th e Northern ArapahoTribe.

    (r) Parent. "Parent" means anyone who is a parent or legalg u a r di a n o f a student, an d includes parent groups an d committeesestablished under federal, state, or tribal education laws.

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    (s) Parenting and Family Life. "Parenting an d family life"includes but is not limited to: family re s p o n s i b i l i t i e s , child

    growth and development, child birth an d child care, prenatal an dpostnatal care for infants an d mothers, prevention of child

    abuse, and related topics.

    (t) Policies and Procedures regarding School Governance.

    "Policies an d procedures regarding school governance" s h a l linclude but not be limited to education policies an d proceduresprescribed under federal, s t at e, or tribal law.

    (u) Reservation. "Reservation" or "Reservation lands" meansall lands wi thi n t he Wind River Reservation, which Reservation is

    defined to include:

    (1) Al l lands within th e limits or exterior bounds ofth e reservation as described in th e Treaty of July 3 , 1 86 8,

    15 Stat. 673, less th e portions ceded under th e Acts ofDecember 1 5, 1 87 4, 18 Stat. 291, an d June 7 , 1 89 7, 30 Stat.93 , notwithstanding th e issuance of any patent, an d

    including rights-of-way r u nn i n g t h ro u g h th e Reservation; an d

    (2) Al l lands which may hereafter be added t o o r made apart of th e Reservation.

    (v) School. "School" is a place, institution, or process

    fo r formal teaching an d learning.

    (W) School Board. "School Board" is the authorizedgoverning body responsible fo r developing, maintaining, an d

    l o cat i n g l o cal schools, an d fo r providing educationalopportunities an d services.

    (x) State. "State" or "state government" means th e State ofWyoming, or an y political subdivision thereof.

    (y) Student. "Student" means anyone who is officially

    e n r ol l ed i n a local school or an y other educational institution.

    (z) Tribal Resolution. "Tribal Resolution" or "resolution"means a resolution of th e Northern Arapaho Business Council.

    (aa) Tribe. "Tribe" or "tribal" means th e Northern ArapahoTribe an d i ncl udes t he Northern Arapaho people as a distinct

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    cultural, ethnic, geographical, an d political entity.

    Section 106-

    Construction of Tense Used. In construing theprovisions of this Code, the present tense includes the past an dfuture tenses, an d the future tense includes the present.

    Section 107 - Masculine Gender Inclusive. In construing theprovisions of this Code, the masculine gender includes thefeminine an d the neuter genders.

    Section 108 - Reference to Code Includes Amendments. When

    reference is made to an y portion of this Code, the reference

    shall apply to all amendments an d additions made hereafter.

    Section 109-

    Severability. If an y part of this Code isinvalidated by a court of competent jurisdiction, all valid partsthat are severable from the invalid part remain in effect. If a

    part of this Code is i nva l id i n on e or more of its applications,t ha t p ar t remains in effect in all valid applications that ar e

    severable from the invalid applications.

    Section 110 - Repeal of In con sist ent Ordinances. All education

    ordinances, resolutions, an d other laws of the Tribe inconsistentwith this Code ar e hereby repealed. To the extent that this Codediffers from an y other tribal la w regarding education, this Code

    shall govern.

    Section 111 - Effective Date. The provisions of this Code shallbe effective on t he d at e o f enactment certified by the NorthernArapaho Bu s i ne s s Co u n ci l .

    CHAPTER 2: NORTHERN ARAPAHO DEPARTMENT OF EDUCATION

    Section 201 - Department of Education. There is hereby createdthe Northern Arapaho Department of Education with the power an dduty to administer an d enforce this Code an d other tribaleducation laws unless such powers and duties ar e otherwisedelegated.

    Section 202 - Education Advisory Committee.

    (a) Establishment; Purpose. There is hereby created theNorthern Arapaho Education Advisory Committee fo r the purpose ofadvising the Business Council an d Director of the Department of

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    Education regarding th e administration of this Code an d other

    education issues i n t he best interest of th e Tribe and students.

    (b) Members. The Committee s ha l l consist of no more than 12members, one of whom shall be designated by the Business Councilas Chairman.

    (c) Appointment. Members o f t he Committee shall beappointed by th e Business Council from those whom th e BusinessCouncil deems qualified, giving due weight to the candidates'education, experience an d i n te g rity . One member of the Committeeshall be nominated by th e governing body of each of th e followingentities:

    (1) Sky People Higher Education Program;

    (2) Wind River Tribal College;

    (3) St. Stephens Indian School;

    (4) Arapaho Language an d Culture Commission;

    (5) Northern Arapaho Nation Department of Social

    Services;

    (6) Tribal Health Services;

    (7) Headstart or other preschool program serving theWind River Reservation; and

    (8) A substance abuse program serving the Wind River

    Reservation.

    Additional members of the Committee may be nominated by

    entities designated by th e Business Councilor by the BusinessCouncil itself. At le a s t one member s ha l l be a p a re n t o rcaretaker of a t least one student enrolled in preschool or gradesone through twelve in a program or school on th e Wind River

    Reservation.

    (d) Terms; Removal. Initial appointments to th e Committeeshall be as follows: a t l ea st half of the members shall serve foreighteen (18) months an d th e remainder s ha l l serve f o r t h re e (3)y ea rs . T he re af te r, all appointments shall be for three (3) year

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    te rms, provide d that if a vacancy occurs fo r any reason, the

    Business Council shall appoint a replacement fo r the remainder of

    the replaced person's term. Committee members may only besuspended or removed by a vote of at least four (4) members of

    th e Business Council, fo r good cause. Good cause includes,

    without limitation, failure to attend thre e or more meetings pe r

    calendar year or failure to otherwise fulfill the obligations of

    a Committee Member.

    Section 20 3 - Director.

    (a ) Business Council to Employ Director. The Business

    Council shall employ a Director of the Department of Education,

    who shall be a full-time employee of th e Tribe and who shall

    maintain an office on the Wind River Indian Reservation, Wyoming.The Director ha s the power and duty to exercise all powers,

    duties, and responsibilities of th e Department s e t f or t h in this

    Code or other tribal law and as otherwise may be directed by the

    Business Council.

    (1 ) Qualifications an d salary of Director. The Tribal

    Business Council s h all es tablis h th e qualifications fo r and

    the salary o f t he Director o f t he Department of Education;

    (2 ) Education Committee Chairperson to serve as Acting

    Director during vacancies. During periods in which the

    Director's position is vacant, the Education CommitteeChairperson shall serve in a non-salaried capacity as Actin g

    Director of th e Department; and

    (3 ) Dire c tor to employ qualified staff of Department.Subject to the a pprova l of the Business Council, th e

    Director or Acting Director shall have th e power and duty to

    employ qualified professional, clerical, and other

    employees, who may be full-time or temporary, as may be

    necessary fo r the administration of this Code. Subject to

    a pprova l of th e Business Council, the Director shall plan

    and direct th e duties and responsibilities of th e Department

    staff and shall ensure that th e staff carries ou t theirduties and responsibilities. The Director shall ensure that

    the Department staff is qualified and receives appropriate

    professional training.

    ( b) P ow er a nd Duties of Director. Subject to the authority

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    of th e Business Council, the Director of th e Department ha s th e

    power and duty to:

    (1) Administer and enforce this Code.

    administrator and enforcer of th is Code.Director s h a l l :

    Be th e principal

    In doi ng s o, the

    (A) Exercise oversight over th e administration and

    operation of th e Department's functions, and over th e

    activities of local schools and other educational

    institutions;

    (B) Maintain current knowledge of th e law and

    procedures in administration and enforcement of tribal

    education l aws, s ubmi t to th e Business Council a t l ea stannually specific recommendations fo r th e improvementand enforcement of this Code, and s e rv e a s primary

    designee regarding educational matters fo r th e Tribe

    pursuant to 20 U.S.C. 7704 (Impact Aid) and other

    applicable federal law;

    (C) Serve as th e principal technical andprofessional advisor to th e Business Council on all

    matters relating to th e Code and education on th eReservation;

    (D) Provide leadership in and otherwise promoteth e improvement of education on th e Reservation,

    including through constant contact with educators,

    personal appearances a t public gatherings, research,planning, and evaluation of education services;

    (E) Seek and coordinate tribal and non-tribalresources to implement this Code and to improve

    generally th e condition and progress of education on

    th e Reservation; and

    (F) Provide regular public reports in local media

    regarding e ffo rts , development, and funding of th eDepartment.

    (2) Maintain office for filing and records. Have and

    maintain an office on th e Wind River Indian Reservation,Wyoming, in which he s h a l l : file all papers, reports, public

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    d o cu men ts, an d other data transmitted to him an d hold th e

    same s ubj ect t o i nspect i on by th e Business Council; and k eep

    recordsof

    all matters pertaining to th e Department;

    (3) Establish uniform data gathering, compiling, and

    reporting system. Consistent with an y appl i cable f eder al ortribal privacy laws, establish a uniform system fo r th e

    gathering, compiling, an d reporting of educational data from

    local schools and other educational institutions, th e Tribe,th e state an d federal governments. The Department shall us e

    th e data to evaluate an d ensure compliance with this Code,an d to improve generally the condition an d progress of

    education on th e Reservation. The system for gathering th e

    data shall include but not be limited to:

    (A) Receiving an d examining written educationaldata, policies an d procedures regarding schoolgovernance, an d educational policies an d programs

    provided by local schools an d other educationalinstitutions. The Department shall specify a format

    fo r th e reporting or written educational data by local

    schools an d other educational institutions;

    (B) Establishing a human network s ys tem comprised

    of educators, administrative or professional staff ofother tribal an d non-tribal agencies, departments, an d

    programs, members of th e community, an d parents. TheDirector shall, at least twice a year, call an d conductmeetings with th e network. Through such meetings, th eDirector shall endeavor, through discussion an d

    explanation, to establish, maintain, an d refineadministration an d enforcement of this Code, an d

    standards, programs, an d rules developed under th eCode; an d

    (C) Conducting, with an evaluation team, on-sitevisits an d assessments of local schools an d other

    educational institutions. In the c a se o f local

    schools, each team shall include: (1) th e Director ofth e Department; an d (2) a member of the statedepartment of education or a local schooladministrator. In th e case of other educationalinstitutions, each team shall include: (1) theDirector o f t he Department; an d (2) an appropriate

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    member of th e Bureau o f I nd ia n Affairs. Such on- s i t evisits shall be conducted a t l ea st once every three

    years for each local school and o nce every two yearsfor every other educational institution. The teams ha l l evaluate compliance with th e Code, th e problems

    an d progress of s t ud e nt s , a c ti o n taken to correctprevious areas of noncompliance an d problems, an d otherareas identified during t h e d a ta g a th e r in g o f t heDepartment;

    (4) Report results of gatheri ng and compiling data to

    General and Business Council, School Boards or governing

    body; State of the Reservati on Education Report. Report the

    current results o f t he gathering an d compiling of data to

    th e Northern Arapaho General Council, Bus ines s Council, an dt o t he s chool board or governing body of an y othereducational institution to which the data pertains. Suchreporting shall include, bu t not be limited to, a State ofthe Reservation Education Report, prepared annually by th e

    Department. The State of th e Reservation Education Reports ha l l d e ta il the conditions, needs, an d current p rog ress o feducation on th e Reservation, an d shall includerecommendations of the Director regarding needed le g is la tio no r a c t io n on behalf of education;

    (5) Communicate the provisions of this Code to School

    Boards, governing bodies of o t h er e d u ca t i on a l institutions,and educators. Communicate to school boards, the governingbodies of other educational institutions, an d educators allinformation an d instructions regarding curriculum, educationstandards, an d educational policies an d programs establishedan d developed under this Code;

    (6) Ac t as a liaison between the Northern Arapaho Tribe

    and the State of Wyoming's representative on education

    m atters. Act as a continuous liaison between t h e T r ib e an dthe State on education matters. This s ha l l include, b ut n otbe limited to, attending an d interacting a t meetings of

    school boards, th e State Board of Education, an d th e s ta tel e g is la tu re . The Director shall serve on Tribal or Statecommittees as directed by the Bus ines s Council;

    (7) Coordinate the services and activities of the

    Department and negotiate cooperative agreements.

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    (A) To ensure that the intents, purposes, and

    policies of this Code ar e pursued, including the policy

    of developing cooperative working relationships withth e state and federal governments, the Director shall

    coordinate the services and activities of the

    Department with those of other departments, agencies,

    offices, entities, and programs of the Tribe, and with

    those of the state and federal governments; and

    (B) To facilitate the coordination of services and

    activities of the Department, the Director is hereby

    authorized to negotiate cooperative agreements between

    the Department and school boards, the governing bodies

    of other educational institutions, chartered

    educational programs and chartered schools, and othertribal departments, agencies, offices, entities, and

    programs; provided, that any cooperative agreement

    negotiated under this section is ineffective unless and

    until approved by the Business Council;

    (8) H ir e or contract with consultants. Subject to th e

    approval of the Business Council, hire or contract with such

    consultants as he deems necessary to administer and enforce

    this Code;

    (9) Develop tribal curriculum. With assistance and

    advice from the Education Advisory Committee, develop tribalcurriculum in the areas specified in and in accordance withthis Code;

    (10) Develop tribal education standards. Develop

    tribal education standards in accordance with this Code;

    (11) Develop tribal education policies and programs.

    Develop tribal education policies and programs regarding

    alcohol, nicotine or tobacco and drug us e in accordance with

    this Code;

    (12) Recommend a tribal orthography.Business Council a tribal orthography to

    language instruction on th e Reservation;

    Recommend to thebe used in Arapaho

    (13) Report on compliance by local schools with tribal

    curriculum, standards, and policies. Report on compliance

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    by local schools with tribal curriculum, education standardsan d educational policies. Compliance shall be evaluated as

    part of the data gathering provisions of thisCodei

    (14) Report on compliance by other educational

    ins t it ut ions with t r ibal curriculum, standards, an d

    policies. Report on compliance by other educationalinstitutions with tribal curriculum, education standards an d

    educational policies. Compliance shall be evaluated as partof th e data gathering provisions of this Codei

    (15) Report on t r ibal educational policies and programs

    an d evaluate compliance by local schools and other

    educational ins t it ut ions with tribal educational programs.

    Develop tribal educational policies an d programs in th eareas specified in an d in accordance with this Code, an dreport on compliance by local schools an d other educationalinstitutions with th e tribal educational policies an d

    programs. Compliance shall be evaluated as part of th e d a tagathering provisions of this Codei

    ( 16 ) W it h Wind River T riba l College, develop accredited

    trib al r e c e r t if ic at ion co urses fo r educa t o rs, and work with

    th e College in other areas. With Wind River Tribal College,develop accredited tribal recertification courses fo reducators in accordance with this Code. In addition, th e

    Director shall work with th e College as necessary toimplement th e provisions of this Code, including th eprovisions regarding tribal curriculum, education standards,an d educational policies an d programs. The Director shallalso work w i th t h e College regarding research on an dplanning fo r education on th e Reservation an d in promotingan d providing leadership in education on the Reservationi

    ( 17 ) R ev ie w budget estimates of and appropriations fo r

    local schools an d other educational i n s t i t u t i o n s .

    Participate in public hearings an d other b u dg e t a nd financeprocesses of local schools an d other educational

    institutions an d review budget an d financial informationprovided by local schools an d other educationalinstitutions. Such participation an d review shall include,

    but not be limited to, determining th e links between budgetsan d financial plans an d meeting an d promoting the intents,purposes, an d policies of this Codei

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    (18) Develop rules. Develop and recommend to th e

    Business C o un c il s u ch rules or action (including proposed

    amendments to this Code) as he/she deems advisable fo r th econdition, needs, an d progress of students an d th eimprovement of education on th e Reservation; provided, thatsuch rules an d action ar e ineffective unless an d until

    adopted by th e Business Council unless the Council otherwise

    provides. The Business Council may delegate rule-makingauthority to th e Director as it deems necessary, an d uponproper delegation, th e Director may exercise that authority

    in a manner not inconsistent with this Code or other triballa w or f eder al law; an d

    (19) Coordinate w i th t he Advisory Committee.

    Coordinate his activities with th e Advisory Committee topromote th e p u r po s e s o f this Code.

    (c) Department Budget Preparation and Fiscal Management

    Responsibility.

    (1) Director to prepare department budget. The

    Director shall annually prepare a written budget fo r th e

    operation of th e Department. The budget shall include, butnot be limited to , salaries, vehicles, travel an d pe r diemexpenses, supplies, communication equipment, consultants,

    an d data gathering, compiling, an d reporting facilities.

    The Director shall timely submit th e b u dg e t a l on g w i t h awritten justification to th e Business Councilor th eappropriate tribal committee or office. The Director shall

    make an y necessary presentations an d attend an y necessary

    hearings regarding the budget. The Director shall

    participate in th e preparation of budgets f or ot her

    education needs an d matters of th e Tribe when so authorizedby th e Business Council; an d

    (2) D irect or to be responsible for th e proper

    management of annual department appropriation. The Director

    shall be responsible fo r th e proper management of th e annual

    appropriation for th e operation of th e Department, an d shalladhere to established tribal expenditure policies an d

    procedures in administering the appropriation. The Directorshall maintain regular contact w i th t h e finance departmentof th e Tribe on accounting matters, an d shall c o o p er a t e w i t hauditors during audits an d as otherwise required by law.

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    The Director shall be responsible fo r all tribal propertiesassigned to the Department an d t he proper use thereof.

    CHAPTER 3: SCHOOL BOARDS AND GOVERNING BODIES

    Section 301 - School Boards.

    (a) Applicable Requirements and Standards. The Department

    shall work with school boards and other governing bodiesadministering schools within th e Wind River Indian Reservation topromote compliance with th e requirements of and standards

    developed pursuant to this Code.

    (b) School Boards to Cooperate. The Department shall work

    with school boards an d other governing bodies administeringschools within th e Wind River Indian Reservation in th e

    implementation of this Code an d in addressing other education

    problems and issues that arise on th e Reservation. Suchcooperation shall i ncl ude, but not be l i mit ed t o: sharing writteneducational data; encouraging educators to participate

    effectively in th e human network system provided fo r by thisCode; and encouraging administrators to participate effectivelyin th e on-site assessment evaluation teams provided fo r by thisCode.

    (c) School Board Policies and Procedures. The Department

    shall maintain a complete and current copy of all existingwritten policies an d procedures regarding schools on th e Wind

    River Indian Reservation. The Department shall identify existing

    school policies an d procedures which ar e inconsistent with thisCode an d provide technical assistance to th e school fo r

    amendments to make th e policies or procedures consistent withthis Code.

    (d) School Boards to Include the Department in their Review

    of Educational Policies and Programs. Because such inclusion may

    be necessary to th e development by th e Department of tribal

    curriculum, education standards, an d educational policies and

    programs under this Code, school b o ar d s s h ou l d p r o vi d e meaningfulparticipation fo r th e Department in their established processesused fo r reviewing applicable curriculum, education standards,

    an d educational policies an d programs.

    (e ) Curriculum and Standards for Local Schools. Local

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    sc hool boa rds should ensure that their schools providei n s t ru c t i o n t h a t is in s ubs t a nt i a l compliance with the tribal

    curriculum provided fo r an d developed under this Code.

    ( f) T ri ba l Education Standards. Local s ch o ol b o ar ds s h ou l d

    ensure that their schools attain or meet the tribal educationstandards provided for and developed under this Code.

    (g) Tribal Educational Programs. Local s c ho o l b oa rd s s h ou l d

    ensure t h a t their schools provide or ensure student access to thetribal educational programs provided for and developed under this

    Code.

    Section 302 - Compliance Evaluation. The Education Department

    shall regularly evaluate compliance with th e provisions of thisChapter by local sc hool boa rds and other governing bodies. TheDepartment s h a l l annually report its findings and recommendations

    regarding such compliance to the Busine ss Counc il.

    CHAPTER 4: CURRICULUM AND EDUCATION STANDARDS

    Section 401 - Curriculum.

    (a) Procedures fo r Developing Tribal Curriculum. In

    developing tribal curriculum, the Department shall:

    (1) Review th e applicable current curriculum of localschools and other educational institutions. Such review may

    be conducted independently by th e Department, or th e

    Department may participate in th e established processes used

    by local schools and other educational institutions forreviewing their curriculum;

    (2) Coordinate an d consult with sc hool boar ds and the

    governing bodies of other educational institutions;

    (3) Consult with and obtain th e comments of educators,

    community members, parents, and students;

    (4) Maintain a file in th e Department o f c o pi es of all

    current curricula, and proposed changes to curricula forpublic inspection consistent with tribal law;

    (5) Draft tribal curriculum in the areas specified by

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    this Code;

    (6) Circulate th e drafttribal

    curriculum, or anyproposed changes to major curricula objectives, fo r review

    and comment and fo r a specified period o f t im e, among school

    boards, th e governing bodies of other educational

    institutions, selected educators, parents, members of th e

    community, and such other persons as deemed necessary;

    (7) Review th e comments and suggestions of those to

    whom th e draft t r i ba l curriculum ha s been circulated, andafter evaluating th e comments and suggestions, make such

    revisions to th e curriculum as deemed necessary; and

    (8) Submit th e curriculum, or changes, or both, to th eBusiness Council in th e form of proposed tribal curricula

    objectives fo r adoption or amendment.

    (b ) Business Council to Establish Tribal Curriculum. The

    Business Council shall establish tribal curriculum fo r us e in

    local schools on th e Wind River Indian Reservation.

    ( c ) D e p ar t m en t to Maintain Curriculum fo r P ubl i c Inspection.

    The Department shall maintain a f i l e of copies of a l l approvedtribal curriculum fo r public inspection consistent with tribal

    law.

    (d) Content of Tribal Curriculum.

    (1 ) Arapaho language. Because th e Arapaho language is

    an essential element of th e l i f e, culture, and identity of

    th e Tribe, and because th e Tribal Government recognizes th e

    importance of preserving and perpetuating th e language as

    necessary fo r th e survival of th e Tribe, t r i ba l curriculum

    shall include fo r al l grade levels instr uction in th e

    Arapaho language. The Director of th e Department shall

    recommend to th e Business Council a proposed tribal

    orthography fo r adoption or amendment. The Business Council

    shall establish a tribal orthography to be used in Arapaholanguage instr uction on th e Reservation. Instruction by

    local schools and other educational institutions in th e

    Arapaho language shall follow th e o f f ic i al t r i ba l

    orthography adopted by th e Business Council;

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    (2) Arapaho culture. The Tribe must survive as a

    unique group of people, growing and developing in a social,

    economical, and political society within th e larger Americansociety. This requires that members of the Tribe and those

    non-members who reside among the T ribe, r e ta in or developknowledge and an understanding of , and respect for, Arapaho

    culture. To ensure this survival and perpetuate the T ribe,

    tribal curriculum shall include for all grade levels,courses or course content that develops knowledge and anunderstanding of , and r e sp e ct f o r, the Arapaho culture;

    (3) Tribal government and governmental relationships.

    Tribal curriculum s h al l include for all grade levels,courses or course content that develops knowledge and an

    understanding o f t he historical and modern TribalGovernment, including its sovereign status and itsgovernment-to-government relationships with th e federal and

    state governments;

    (4) Health and n u tritio n in stru ction . Tribal

    curriculum s h al l include for all grade levels, courses orcourse content t h at develops knowledge and an understandingof health and nutr ition practices and problems. Suchcourses or course content shall emphasize those problemsthat affect the Reservation, such as th e effect of alcohol,nicotine or tobacco, and drugs on individual, family,

    community, and tribal life, culture, and development. Suchcurriculum shall also emphasize th e need for the alcohol,nicotine or tobacco, and drug abuse education policies andprograms provided for by this Code;

    (5) Parenting and family. Tribal curriculum shallinclude, for all grade levels beginning with grade seven(7), courses or course content t h at develops knowledge and

    an understanding of , and skills in, parenting and family

    life. Such courses or course content shall i n cl ud e, b ut no tbe limited to, information about: cultural practices of theTribe; responsibilities of parents to pass on tribal culture

    to their children; tribal specific problems regardingparenting an d family life on the Reservation; and th e needfor th e parental and community involvement policies andprograms provided fo r by this Code;

    (6) Tribal and American economics.

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    shall include fo r all grade levels, courses or course

    content that develops knowledge and an understanding of the

    historical and modern Tribal economy and the Americaneconomic system; and

    (7 ) T ribal natural res ources and community

    environments. Tribal curriculum shall include fo r all grade

    levels, courses or course content that imparts knowledge and

    fundamental understandings about th e historical, political,

    socioeconomic, and cultural elements of th e Tribe's

    reservation landbase, water, minerals and other natural

    resources. Such courses or course content shall include,

    without limitation, th e historical development of th e

    reservation landbase, th e legal status of reservation

    tenure, cultural philosophies and value orientations aboutreservation natural resource uses, past and contemporary

    management practices of tribal natural resources,

    socioeconomic impacts of tribal natural resource

    development, physical environmental impacts of tribal

    natural resource development, contemporary perspectives

    about global environmental issues, and vocational careers in

    tribal land and resource management and decision-making.

    Comment: Congressional policy is to upreserve, protect, and promote th e rightsand freedom of Native Americans to use, practice, and develop Native American

    languages." 25 U.S.C. 2903(1), Native American Languages Act.

    (e ) Local Schools an d Other Educational Institutions to

    Promote Tribal Curriculum. Al l local schools and other

    educational institutions shall encourage or provide instruction

    that is in substantial compliance with the tribal curriculum

    established by the Business Council. All students who graduate

    from local schools and other educational institutions must be

    familiar with the subjects required by tribal curriculum under

    this Code.

    (f) Department to Evaluate an d Report Compliance. The

    Department shall evaluate compliance by local schools and other

    educational institutions with the provisions of this Coderegarding tribal curriculum. The Department shall annually

    report its findings and recommendations regarding compliance with

    tribal curriculum to the Business Council.

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    Section 402 - Education Standards.

    (a)Procedures for Developing Tribal Education Standards.In developing tribal education standards, th e Department shall:

    (1) Review th e current education standards of localschools an d other educational institutions fo r th e

    attainment of academic excellence and high, bu t realistic

    expectations for all students; competence in all basic

    academic and cognitive skills; competence in th e English

    language and knowledge of th e non-Indian American culture,

    governments, economics, and environment; competence in

    Arapaho language and knowledge of Arapaho culture,government, economics, and environment; knowledge of th e

    history of th e Northern Arapaho Tribe and of th e role oftribal members in promoting th e future of th e Tribe;

    development of students as healthy individuals, members of

    families and communities, parents, citizens of th e Tribe,

    th e State, an d th e United States of America; development of

    s e l f-d i s c i p l i n e an d positive self-worth; development ofrespect for all other living beings; development of a t t i t u d ewhich encourages lifetime learning, decision-making an dundertaking of re s p o n s i b i l i t i e s in family life, communityan d tribal affairs, employment, recreation, and th e us e of

    environment; and parental and community involvement in th eformal education process whereby t he educat i onal aspirations

    and th e c u l t u r a l values of parents and community members arepromoted and respected;

    (2) Coordinate and consult with school boards and th e

    governing bodies of other educational institutions;

    (3) Consult with and obtain th e comments of educators,parents, and members of th e community;

    (4) Draft tribal education standards consistent withtribal law;

    (5) Circulate th e draft tribal education standards, forreview and comment an d for a specified period of time, amongschool boards, th e governing bodies of other educational

    institutions, selected educators, parents, members o f t hecommunity and such other persons as the Department deemsnecessary;

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    (6) Review th e comments an d suggestions of those to

    whom th e draft tribal education standards have been

    circulated, an d after evaluating th e comments an dsuggestions, make such r e vi s io n s t o t he educati on st andards

    as deemed necessary; an d

    (7) Submit th e d ra ft tribal education standards to theBusiness Council in th e form of proposed tribal educationstandards fo r adoption or amendment.

    (b ) Business Council to Establish Standards.

    Council shall establish tribal education standards

    Northern Arapaho Tribe.

    The Businessfor th e

    ( c ) C o m p li a nc e Evaluation. The Education Department shallregularly evaluate compliance by local schools an d othereducational institutions with tribal education standards. TheDepartment shall annually report its findings and recommendationsregarding compliance with tribal education standards to th eB u s in e s s C o u n ci l .

    (d) Tribal Education Standards may be Exceeded. Tribal

    education standards do not prohibit or limit local schools,school boards, other educational institutions, or th e governingbodies of other educational institutions from exceeding the

    standards. The Department shall publicly recognize such

    achievement.

    CHAPTER 5: EDUCATIONAL POLICIES AND PROGRAMS

    Section 501 - Alcohol, Nicotine or Tobacco, and Drug Abuse

    Education.

    (a ) Laws Prohibiting Drugs, Controlled Substances, and

    Public Consumption of Alcohol. To th e extent permitted by

    federal law, local schools an d other educational institutions ar esubject to tribal laws prohibiting drugs, controlled substances,

    an d th e public consumption of alcoholic beverages on th e

    Reservation.

    (b ) Alcohol, Nicotine or Tobacco, and Drug Abuse. Local

    schools an d other educational institutions shall educateeducators, other empl o yees, an d students about th e need to

    maintain good health an d prevent alcohol, nicotine or tobacco,

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    an d drug abuse. Such education shall include, withoutlimitation: information about health curricula an d educational

    policies and pr ogr ams provided for an d developed under thisCOdei

    an d information about the policies of this Code as they relate tothe health an d survival of the Tribe.

    (c) Procedures for Developing Alcohol, Nicotine or Tobacco,

    and Drug Abuse Education Policies and Programs. In developingtribal alcohol, nicotine or tobacco, an d drug abuse educationpolicies an d programs, the Department sh a l l :

    (1) Review th e current policies and pr ogr ams of localschools an d other educational institutions. Such review maybe conducted independently by the Department, or the

    Department may participate in the established processes oflocal schools an d other educational ins titutions fo rreviewing their policies an d programsi

    (2) Review current national policies, studies, an dreports on alcohol, nicotine or tobacco, an d drug abuse,par ticular ly alcohol, nicotine or tobacco, an d d r ug a b us e byyouth an d Indian youthi

    (3) Consult with an d obtain the comments of educators,community members, parents, tribal elders, an d studentsi

    (4) Coordinate an d consult with school boards an d thegoverning bodies of other educational ins titutions i

    (5) Draft tribal alcohol, nicotine or tobacco, an d drugabuse education policies an d programs consistent with thepolicies and pr ogr ams of local schools, an d tribal law;

    (6) Circulate the draft tribal alcohol, nicotine ortobacco, an d drug abuse education policies an d programs, fo rreview an d comment an d for a specified period of time, amongsc hool boa r ds, the governing bodies of other educationalins titutions , selected educators, parents, tribal elders,

    members of the community, an d other such p e rs o n s a s deemednecessarYi

    (7) Review the comments an d suggestions of those towhom th e drafts have been circulated, an d after evaluatingthe comments or suggestions, make such r e v is i o ns t o the

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    policies an d programs as deemed necessary; an d

    (8) Submit the draft policies and programs to th eBusiness Council in the form of proposed policies an dprograms fo r adoption or amendment.

    (d ) Th e Business Council shall Establish Tribal Alcohol,

    Nicotine or Tobacco, and Drug Abuse Education Policies an d

    Programs f or t he Northern Arapaho Tribe.

    (e) Local Schools an d Other Educational Institutions shall

    Adopt Alcohol, Nicotine or Tobacco, an d Drug Abuse Education

    Policies an d Programs in Substantial Compliance with the Tri bal

    Alcohol, Nicotine or Tobacco, and Drug Abuse Education Policies

    an d Programs Adopted by th e Business Council.

    (f ) Th e Department shall Regularly Evaluate Compliance by

    Local Schools an d Other Educational Institutions with Tribal

    Alcohol, Nicotine or Tobacco, an d Drug Abuse Education Policies

    an d Programs. The Department shall annually report its findings

    and recommendations on compliance with tribal alcohol, nicotineor tobacco, an d drug abuse education policies and programs to th eBusiness Council.

    Section 50 2 - Parental an d Community Involvement.

    (a) Department to Include Parents an d Community Members.The Department shall include parents an d community members in th e

    implementation an d r e f ine m e nt of this Code. Such inclusion andinvolvement shall include, b ut n ot be limited to, inclusion in :the development of tribal curriculum, education standards, an deducational policies an d programs; and the preparation of theannual State of the Reservation Education Report. Such inclusionan d involvement shall be accomplished through the human networksystem as provided by this Code an d through other appropriatemeans. The Department shall also strive to include an d involveparents an d community members in addressing specific education

    problems an d issues an d in improving education on the

    Reservation.

    (b ) Annual In-Service Training. The Department shall

    provide annually fo r parents an d community members inservicetraining in the priority education areas an d issues of the Tribe,an d in asserting an d advocating fo r the education of their

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    children.

    (c) Local Schools, Schools Boards, Other EducationalInstitutions. Local schools, school boards, other educationalinstitutions, an d th e governing b o di e s o f other educationalinstitutions shal l involve parents an d members of th e community

    in th e schools in ways that include the following:

    (1) Formal processes regarding curriculum, education

    standards, policies regarding school governance, programs,

    and extra-curricular activities. They shall include at

    least one (1) parent or community member in th e formal

    process o f p l an n in g , developing, an d evaluating curriculum,

    education standards, policies regarding school governance,

    educational pol i ci es an d programs, an d ext ra-curri cul aractivities;

    (2) Distribution of proposed curriculum and pol i ci es.

    They shal l d i s t ri b u t e d r a ft copies of proposed curriculum,policies regarding school governance, an d changes in

    curriculum an d policies to parents and community members fo r

    review an d i np ut b ef or e t h e curriculum, policies, or changesar e adopted or effective;

    (3) Develop materials regarding curriculum, pol i ci es,

    an d activities. They shall develop written materials

    designed to familiarize parents with th e school's curriculuman d policies an d det ai l i ng speci fi c activities that parentsand students may undertake t oget her t o enri ch th e students'

    formal educational experience and development; an d

    (4) Procedures fo r parent-school communication. In

    cooperation wit h t he Department, they shall review their

    procedures fo r communication between th e parents and th e

    schools, an d shall review th e effectiveness of those

    procedures. With the Department an d parents, they shallstrive to develop ways to improve such procedures.

    (d) Compliance Evaluation. Th e Department shall regularlyevaluate the compliance by an d progress of local schools an dother educational institutions w i th t he provisions of this Coderegarding parents an d community.

    (e) Relationship of Parental and Community Involvement to

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    Parenting and Family Life Curriculum. The provisions of thisCode regarding parental an d community involvement apply to all

    parents an d community members/ including those studentswho

    ar eparents. The need for parental an d community involvement in

    local schools an d other educational institutions shall beincluded in th e tribal curriculum containing instruction onparenting an d family life.

    Section 503 - Student Attendance. The failure of students toattend school in accordance with school policies is a seriousthreat to th e health an d welfare o f t he student an d to th e futureof th e T r ib e . The Department shall develop/ in consultation withtribal elders/ school boards/ parents/ an d others:

    (a ) programs/

    (b) attendance rules/ an d

    (c) enforcement methods which address this intractableproblem. The Department shall develop innovative approaches

    which include a focus on th e student an d th e student/s family/

    friends/ an d community.

    Section 504 - Continuing Education. The Department shall

    encourage an d assist an d may develop/ in conjunction with WindRiver College an d other institutions/ continuing educational an d

    training programs an d materials fo r adults which further th epurposes of this Code.

    CHAPTER 6: EDUCATORS

    Section 601 - Educators.

    (a) Qualifications. To th e extent required by federal/

    state/ or tribal law/ all educators shall maintain statecertification in their work area. In addition/ all educators

    shall gain an d maintain specific knowledge and skills that willassist in improving their ability to serve students in th e

    priority education areas of th e Tribe as set f o rt h i n this Code.

    (b) Training. The Department shall regularly identify

    recertification areas appropriate fo r educators. In such

    identification/ th e Department shall consult an d coordinate withschool boards/ th e governing b o di es o f other educational

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    institutions, and Wind River Tribal College. The Department andth e College sha ll develop and provide accredited courses in those

    areas. Such courses shall be provided at th e College or at localschools and other educational institutions for preservice orinservice training. The Department shall work with the State togain State recognition of accredited tribal courses fo reducational recertification as qualifying to satisfy staterecertification requirements for educators.

    (c ) Competency Guidelines and Evaluations. Local schoolsand other educational institutions shall evaluate educators atleast annually. Educator evaluations shall be done according tothe policies and procedures of local schools and othereducational institutions. In addition, th e Department sha ll

    regularly evaluate educator compliance with applicablerecertification standards developed pursuant to this Code and

    report such evaluations to th e Business Council and th e localschool or educational institution which employs th e educator.

    (d) Certification. The Tribe sha ll recognize successful

    completion of accredited tribal courses as qualifying to meettribal recertification requirements fo r educators.

    CHAPTER 7: INDIAN PREFERENCE

    Section 701 - Indian Preference.

    (a) Business Council and Department to Apply Indian

    Preference. In implementing this Code, th e Business Council and

    the Department shall apply Indian preference in th e hiring,training, retention, and promotion of all staff, personnel,

    consultants, and contractors.

    (b) Local Schools and Other Educational Institutions to

    Apply Indian Preference. Local schools and other educationalinstitutions sha ll apply Indian preference in the hiring,training, retention, and promotion of all personnel, includingbu t not l i mi t ed t o educators and support personnel; provided,

    that nothing in this section prohibits or limits th e applicationof other tribal or federal Indian preference laws.

    (c) Department to Evaluate and Report Compliance by Local

    Schools and Other Educational Institutions with Indian

    Preference. The Department shall regularly evaluate compliance

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    by local s c h o o ls an d other educational institutions with th eIndian preference provisions of this Code. The Department shall

    annually report to th e Business Council its findings an drecommendations regarding compliance with the I ndia n preferenceprovisions of this Code.

    (d) Nepotism not Permitted. The Indian preference

    requirements of this Code shall be applied with due regard fo rth e qualifications, experience, ability, and integrity of

    p e r s o n n e l and applicants, and w ith o u t regard to personalfriendships or relations which may otherwise benefit or suffer asa result o f p e r so n n e l decisions.

    (e) Suspension of Chapter to Avoid Denial or Loss of

    Approval or Assistance. To th e extent necessary to avoid adenial o r l os s o f a p p ro v a l, funds, services, or other assistancefrom th e United States or other entity which would otherwise beavailable to t h e T r ib e or th e Department, th e Business Councilmay by written resolution suspend, in whole or in part, one ormore provisions of this Chapter. Such suspension shall beeffective only so l on g a s an d to th e extent necessary to avoidth e contemplated denial or loss.

    History: 2006. Title 8. The Education Code was enacted by th e NorthernArapaho Tribe by resolution of th e Northern Arapaho Business Council dated May4 , 2 00 6, Resolution No. 2006- 9070.

    Northern Arapaho Code Title 8 Education CodeMay 4, 2006