Announcing the U.S. Department of Education (ED) Tribal Consultation on the

Office of Indian Education’s Native American Language program

under the Elementary and Secondary Education Act of 1965,

as amended by the Every Student Succeeds Act

Native American Language (NAL) Grants Program

PURPOSE OF TRIBAL CONSULTATION

In accordance with the U.S. Department of Education’s (the Department’s) commitment to engage in regular and meaningful consultation and collaboration with American Indian Tribes, the Department’s Office of Elementary and Secondary Education (OESE) and the White House Initiative on American Indian and Alaska Native Education (WHIAIANE) will conduct a Tribal consultation regarding the Native American Language (NAL@ED) program. 

Because FY 2017 was the first grant competition for the NAL@ED program under the revised program authority under section 6122 of the Elementary and Secondary Education Act (ESEA), as amended by the Every Student Succeeds Act (ESSA), the 2017 notice qualified for an exemption to the public comment requirements that govern many competitions at the Department.  However, in order to establish priorities, requirements, definitions, or selection criteria for future competitions under this statutory authority, OESE is required to undergo notice-and-comment rulemaking through the Federal Register.  Therefore, consistent with the Department’s trust responsibility to Tribes and our Tribal Consultation Policy, OESE will consult with elected officials of federally recognized Tribes to ensure that their views inform OESE’s policy decisions related to the priorities, requirements, definitions, and selection criteria that will govern future competitions under the current statutory authority.

We request Tribal leader recommendations on: 

• Focusing particular NAL@ED competitions on existing Native language programs or new Native language programs.
• Including distinct funding categories for two types of applicants:  (1) those that propose to implement projects in schools funded by a State-funded local educational agency (LEA), and (2) those that propose to implement projects in schools funded by the Bureau of Indian Education, an Indian Tribe, a Tribal College or University (TCU), an Alaska Native Regional Corporation (as described in section 3(g) of the Alaska Native Claims Settlement Act (43 U.S.C. 1602(g))), or a private, Tribal, or Alaska Native nonprofit organization.
• Encouraging or requiring applicants, especially those establishing new programs, to create Native language proficiency assessments (including oral assessments, portfolios, performance tasks and pre- and post-tests), during the grant period.
• Prioritizing Native language content assessments (assessments of math, reading/language arts, and science) and the effect that might have on the most critically endangered languages.
• Evaluating whether applicants partnering with various entities (e.g., a Tribal applicant proposing to implement a Native language program in an LEA) have sufficient levels of cooperation (e.g. Memorandum of Understanding, consortium agreement, etc.) to implement projects on time and within budget; 
• Evaluating whether the levels of cooperation among applicants and their partners for existing versus new Native language programs should be measured differently.
• Implementing the statutory requirement that the Department must “ensure, to the maximum extent feasible, that diversity of languages is represented” (ESEA sec. 6133(d)(2));
• Prioritizing novice grantees or projects that support instruction in the most critically endangered languages.
• Encouraging applicants to demonstrate staff and resource capacity aligned to a project scope and scale that realistically can be implemented in a three-year grant period.
• Identifying the most effective activities and strategies for encouraging applicants to include these activities in their projects.

 For More Information Contact:   Tribalconsultation@ed.gov

PUBLIC COMMENTS

There will be specific times for public comments for each consultation. If you would like to provide a comment in person, please sign up in advance.  The “Public Comment” sign-up sheet will be located next to the registration desk. You may also provide written comments, by completing the “Public Comment Card” that will be available during the consultation, or you may submit your written comment directly to Tribalconsultation@ed.gov

Tribal Tech, LLC is a contract service provider specializing in the support of Indian education efforts and provides logistical and communications services for activities essential to the mission of the Office of Indian Education.