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Current Legal Issues Facing P.L. 100-297 Grant Schools: What You Don’t Know Could Hurt You Presented by: Hufford, Horstman, Mongini, Parnell & Tucker,

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Presentation on theme: "Current Legal Issues Facing P.L. 100-297 Grant Schools: What You Don’t Know Could Hurt You Presented by: Hufford, Horstman, Mongini, Parnell & Tucker,"— Presentation transcript:

1 Current Legal Issues Facing P.L. 100-297 Grant Schools: What You Don’t Know Could Hurt You Presented by: Hufford, Horstman, Mongini, Parnell & Tucker, P.C. © 2014

2 ¿ 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

3 WHAT ISSUES DO YOU SEE COMING?WHAT ISSUES DO YOU SEE COMING?

4 The law defines our school and our roles in operating and sustaining our schools n P.L. 93-638 n P.L. 100-297 n P.L. 107-110 NCLB n Ordinance 36; Title 10; WMA Resolution & Education Code A.Board – Oversight, Policy, Responsibility B.Staff – Implement C.Community (Parents, Chapter) Advisory not Adversary Function n School Policies and Procedures

5 LOCAL v. CENTRAL CONTROL OF COMMUNITY SCHOOLS

6 BIE “REDESIGN” aka “WE’RE OUTA HERE!”

7 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.

8 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.

9 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.

10 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

11 ONE GRANT SYSTEM Money and authority to tribe and they decide what you get of each. Federal Government Slides Away

12 SEQUESTRATION Quiet, but not gone Quiet, but not gone Must check every year Must check every year CBO Final Sequestration Report CBO Final Sequestration Report OMB Final Sequestration Report OMB Final Sequestration Report

13 Sequestration “Sequestration: Just Another Name For Broken Promises” Indian Country Today 7/11/13 Article regarding North Dakota Senator Byron Dorgan’s New York Times Editorial

14 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 Promises New York Times Editorial by Byron L. Dorgan 7/10/13

15 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.

16 Sequestration WHAT IS IT? - Automatic Spending Cuts - Little or no Analysis - Across the Board - For Discretionary Spending

17 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

18 Sequestration NATIVE AMERICAN PROGRAMS ARE DISCRETIONARY, FUNDED FROM DISCRETIONARY FUNDS

19 Sequestration WE SAY NO. THESE ARE TREATY RIGHTS NOT DISCRETIONARY EXPENDITURES!

20 Sequestration “This money is not aid. It is not discretionary. It is what is owed to these people.” James Rickley Fort Peck Supt. Of Ed. Montana

21 Sequestration OPTIONS -CHANGE LAW -EXEMPT FROM SEQUESTRATION

22 LEGAL ISSUES 1.Technology Bullying / Harassment A.Policies B.Nexus – off campus problems C.Keep Current 2.ISEP Funds for Administrative Cost 3.TED’s/Local Control

23 LEGAL ISSUES 4.Organizations & People 5.ACG/TSCG


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