Bureau and Contract Schools
Indian Education Amendments of 1987 - Amends the Education Amendments of 1978 to authorize the Secretary of the Interior (the Secretary, for purposes of this title) to transfer the operation, or the facilities of:
(1) any Bureau of Indian Affairs funded school operated on or after April 1, 1987; or
(2) any program of such a school operated on or after April 1, 1987, only if the tribal governing body approves such transfer.
Requires the Secretary, before asking Congress to authorize a transfer of a Bureau funded school or program, to comply with the requirements for school closures.
Prohibits the Secretary from closing, consolidating or substantially curtailing a Bureau funded boarding school for failure to meet the national criteria for dormitory situations during any fiscal year for which the Secretary has not submitted a plan to the appropriate Congressional committees.
Directs the Secretary to submit to the Congress, within six months after a closure, consolidation, or curtailment of a Bureau school is initiated, a report stating the reasons for such temporary actions and the Secretary's actions to eliminate the hazard, if:
(1) a Bureau school is temporarily closed because of an immediate hazard to health and safety; and
(2) the Secretary estimates the closure will exceed one year.
Provides that the standards for Indian education apply to contract schools (currently, Indian controlled contract schools).
Requires the Secretary to prescribe regulations for the determination of eligibility for schools to become Bureau funded schools and to expand their programs.
Requires that the eligibility determinations be based on geographic and demographic factors and the history and record of success or failure of:
(1) the proposed school or the school proposing to expand; and
(2) the public schools or other alternative providers of the services which the school proposes to provide with the Bureau's financial assistance.
Provides that if the school board of the Bureau funded schools at the Pueblo of Zia and the Tama Settlement vote within two years of the enactment of this Act to expand the schools they shall be so expanded.
Provides that the dormitory criteria may be waived in the same manner as the minimum academic standards.
Requires the Secretary, before publishing in the Federal Register any regulation or rule relating to Indian education, to:
(1) submit the regulation or rule to regulatory review panels; and
(2) take into account the panel's comments and advice.
Requires the Secretary to establish, for each area office of the Bureau where a Bureau funded school is located, regulatory review panels.
Sets forth the composition of such panels.
Authorizes the Secretary to publish in the Federal Register the initial notice of a temporary regulation or rule without submitting it to the review panels if:
(1) an emergency exists; and
(2) a temporary regulation or rule is needed within a limited period of time.
Provides that these restrictions shall not apply to regulations and rules under formal review by the Department of the Interior before October 1, 1987.
Requires the Secretary, for FY 1989 and each subsequent fiscal year, to adjust the formula for establishing the minimum annual amount of funds for each school according to specified guidelines.
Requires the Secretary to provide grants to each tribe or tribal organization operating a contract school to pay the indirect and administrative costs of such schools.
Provides that the amount of the grant provided to each tribe or tribal organization shall be determined by applying the administrative cost percentage rate of the tribe or organization to each direct cost program for which funds are received from or through the Bureau. Sets forth procedures for applying the administrative cost percentage rate.
Provides that the Secretary, upon the enactment of this Act, shall conduct studies to establish an empirical basis for determining the required administrative costs of tribal elementary and secondary educational programs.
Sets forth guidelines for such studies.
Requires the Secretary, no later than October 1, 1988, to submit to the Congress a report on the findings of such studies.
Requires the Secretary, beginning with FY 1988, to include in the Bureau's justification for each appropriations request a projection of the overall costs associated with the formula for tribal elementary or secondary educational programs which the Secretary expects to be funded in the fiscal year for which the appropriations are sought.
Sets forth procedures for awarding grants to such schools in FY 1988 through 1990.
Authorizes the supervisor of a Bureau school to expend, without competitive bidding, up to $25,000 of the amount allotted under the allotment formula (currently, $25,000 annually) if for each procurement:
(1) the cost of any single item purchased does not exceed $10,000;
(2) the school board approves the procurement in advance; and
(3) the supervisor certifies that the cost is fair and reasonable.
Extends the policy for Indian control of Indian education to both the Bureau and the Secretary (currently, the Bureau). Requires the Secretary to consult with Indian tribes and tribal organizations in developing policy under this Act. Requires the Secretary, or a delegate, to conduct semi-annual meetings with Indian tribes and tribal organizations to consult with them on Indian education.
Requires the Secretary to:
(1) keep Indian tribes and tribal organizations informed of all plans and activities of the Bureau which affect, or relate to, Bureau contract schools that serve the particular Indian tribe or tribal organization; and
(2) invite active participation of the Indian tribe or tribal organization in making decisions about such schools and programs.
Requires the Secretary to consult from the initial stages with specified groups of Indians when considering:
(1) construction or expansion of any school; and
(2) proposals to the Congress for the closure, consolidation, curtailment, or transfer of any school or dormitory.
Extends the waiver of the Indian employment preference by a tribal organization for education personnel to an applicant or employee (currently, employee).
Adds support services at, or associated with, the site of a school to the definition of education position.
Provides that such amendments shall apply to Bureau employees only if they elect the application of such amendments to them.
Directs the Secretary, by March 1, 1988, to submit to the Congress a report comparing Bureau schools with public schools in the same State that are comparable in size, geographic location, grade levels, and student population.
Prescribes the general contents of such report.
Provides that the cost of the studies and the report will be paid from appropriations for the Bureau's Management and Administration account of the General Administration account.
Changes the rates of basic compensation for educators and education positions to make such rates at Bureau schools comparable to public schools for comparable qualified individuals holding comparable positions serving comparable students in comparable areas (currently, comparable to the rates for public schools).
Requires the Secretary, upon the request of the local school board, to authorize post differentials unless the disparity in compensation between Bureau schools and public schools does not meet a specified level.
Authorizes the Secretary or the supervisor of a school to discontinue or decrease a post differential if:
(1) the local school board requests such action; or
(2) the Secretary or the supervisor determine no disparity affecting recruitment exists.
Requires the Secretary, by February 1 of each year, to submit a report to the Congress describing requests and grants of authority for post differentials.
Requires the Secretary to provide grants to tribes and tribal organizations for establishing early childhood development programs to provide parents and children under six years of age with specified types of care, education and screening.
Sets forth procedures for funding the allotment formula for Bureau schools if a sequestration order reduces the amount of funds available for allotment by more than five percent.
Requires the Secretary to provide grants and technical assistance to tribes for the development and operation of tribal departments of education.
Sets forth guidelines for such grants.
Requires the Secretary to conduct a study of the methods used in funding contracts entered into under the Johnson-O'Malley Act and to submit a report on such study to the Congress within six months of the date of enactment of this Act.