Arizona Johnson-O'Malley state educational plan

              I'OL: T. CY-- : It is the int: cnt of chis ~ 1.; 3. n t o be : i. n C~) S.: IL~: L. I~~ :~ il. i;: i~ nr: i~ i t h
( 1) Stnte lrti~ sp ertai. nirig to L11e c: i'ucat. ini~ of al. 1 cl~: ildri._ a:~ nd ( 11) S::. circ? t:: rial
pol: i. cy p.? rtr.;: i. ning to tile. J ~ I i i i ~ ~ ) i;~, r~;~-. i. O'L i\ yA ct: 11re~ r; tm( I'L".. L..~ 33, ' C. l. Lle 25,
Code of Yi.. c-!~ ra: L I: cgulr-.,~%. on. s ) All. coi! i~; lit:~ zent::; n 123.:> r th- i. 5 !>'?: in ni: c: s u b j c c t
, . to f~ lnclsc ;~~ niln'b7,!> to LIic E u r e n ~ o~ f Incli, lil L', l; f a i r s f 0.:. t;~;:; p: li-!> o<: c:. 11: i:~
i; iCcndcc! ! I'ilrther t h a t t l ~ erc : v% sioi; x to i ~ i l ip~ la n bc ~ xncle i i ~ lx . ir;;! o~ ijrr i.;_ h
pri. ncip: l. cs expressed i n ti12 -?: I;: cr h 5, 1968 % c. i: Ct: ro f . th:? Coiilai. r; s: ioner of
Irldian i' 1rliair. s t o Sen; xto c Paul. F;? il;:: in of !? riz~ ila.
TIIC s p e c i a l progr~ in provi:;- ions of t h i s pl.;- 111 a r e intende(? ira foster t:' 11/? c. Lo:; c? st
p o s s i b l e i. ilvo: ivernnilt o. E thc In/!- i. an patrons ai'd 1ocn: L t r'ibr< i. lcac? c rrs i- n tile
dcvelopi. lient of scilool. progralns responsive to ishe needs of % ndj. ail cl~ ildi. er\.
I. The Buret?.~ t~ i.: Llp rovicic fun.& i n a budget nr: d w i 1 . l pay an
; rmounl: srjitnl to t h e ftr1. l per cnp. i. ta cosir of Cllc school
attendzd for those cilfi1. drc. n wlto -,..: ilbl,? 1) oarcIed by !: he
7~ u i - e z u: for tile purpc;:; e of a'iteiz3. i. n; pu'ul- ic sciloo:!!~.
Zt is mii'iua l l y tv; derstood t h a t t1zc:: c dorc1. L co ry cix- i. ldrcn,
accor.: modated rr1zde. r a11 e: ilerg-; ency prograx, ; ir(> ilut coiiniled
prc:; c.? uill. y for 1'. 7,. 874 liurpo:; r> s ( IJ. S. Of Eicc oii Rd~~ caKion
b u l l e t i n 4- 9 , revi. sed) .
1. P r i o r t o the 20- ycar e x p i r a t ion of the q r e c i r c u t s rmde
with l o c n l s c i ~ o o ld i s t r i c t : ; , 3 j o j n t <, ti; Zy ~ i i i - 1h e msde
as t o tlie f c n s i b i l i ty of ~: lcospou~ i'iintgh e d o r n i t i z c d
stuclei~ ts within o i h c r provisions of tile S t n t e Plan.
11. The Durenu w i l l pay a sl~ are of the cost of cducnt-. ion of
ch i1drc. n of oric- fortrth o r more tlcgrec Intliari bl corl, r e s i d i n g
on Indian r e s e r v a t i o n land.
El. i.:. i: l l 1. c < 1 i:; i- ri L-:.!; I. I. - i. nI o [- I: L? tyl> t?::: ( I . ) i i t j o i - l t n p c ~ ~ t :
, 1. . 11 i.::[.::.[ i:[ :;, (: I) ! : , ; I ) t . :;*.;. [ , ! i ~ : t ! - j ( : : ::, ji : , 1 i ~ t : ~ I ; I ~ ) ; ! c ~ :
I? i:: ti: ic. t: . i:; I:> C.::~:~:[! ~ . l i i (?\: l > ~ - i l - : ~ ~ i ~ ~~: 1: 11.. ~;!::' I.! y[ ! I < ~ ~ ; : I I
I , ~.,%~ 1.., -~ . .. r,; i[: i.(>; 7~ t ~ lc ! / L l t . 11;): 60 !;:, i- c:,>: lk 01- I:, : I::.~ c , i - . i !-:; ~ : I I ~ : oI . l . ~ i ! c : ~ ~ t
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a r c ? (: i~:~ ra~: t[: t:. i:,::~! b y t ! > 1~ : 1.( : 1< of 01: ; t : ; w L ? ? . i i : : i ~ ~ t(:.> i. i : y o?
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e.-:......<. , L ? c- , ;,, vy.- i ,1. L. i'i ~ I .:, ?:. i. Ll : 1:, p>: c~ vi. c! c( l0 ;:. b:. ts: i. s O< Ll!:: L O C ~ I ~ .
deFici. t: p. cc? d c; fl: r.:;: i:(: ceijji::; Ccc;. il .;. <. I- .- 1 .. - (~ irlic::~-;. i >: l~-- c~!; 0 .: I:~ T.:<: LI.!.!~
t o ~: il: icll t : i l ~ df-:; t: ri(: L . is <>.~~ i~~!-{: J.<:< I : i. ilc: Iii:!. iP:; ({;:. I!: : l<? i: :>:~: C: LI~ S.~, JC>
of) bn. l.; tnr_ es for\:: i- ccl, st; zt:~ :;, ici ~ o~. ii? i:); r, I: j\ O1. (:~ 0! 1":~~ i7t1,; s t a t e
f i n c i ~ c i . a ls :; s. is.!:~:~~ zcc, c x; ual. i. x:! tion i:' ur? d:;, 1 '.,.! I 874 fiitld:;,
and Ei~ r~ drsa - ised fro: n a . I. oc;!- I. i- 3.: 1.( 211~, b zszi! o : ~ 21 1 3vci:: iZC tax
r a t c ( p r i o r year) in co; cp; r~:- i.:; on wit11 sim- il. sr ty1:: c di:; t:! ric~ s i n
t h e s t a t e .
For t h i s purpose, the propuscd bud;); ct subc; it ted by the d j s t r i c t s
wllicil e n t i c i p a i ~ cJ ohnson-- O':~! all. cy hcr i: u: i:!:; thni: esc!? ed the prior
year allntinent: p l u s f~ i2i'isf c; r " r. 1 1~ 3 pcrc;: nt:; igit. otl Lncreasc in A13A
may be revic? wt.- d hy a cor;~ mit: tee appoirlred by the St;:+.! rrz. i3onrd of
Education p r i o r L: o pu'olicntio:_ l. Thri.~ c.?: i: l!! ittee 1- 1 coi: sir; t oE a
r e p r c s e n t a t i v c of the I51ir~; iu of Indixl LiE~ iairs, S t a t e Lzldi- an
7 education l l i v i s i c n , oric nrtirher o t11c. l s t ~ f i r ' o r the State
Superin kc-- ndent of Public ' i!; si: ruct: ion iil! ll 2;: 1: ll) ltCi IC!: PESZN'l'ATIVZ
RECO;.@ IZNj] CD BY JOti;~~ sO:!- O ' 1. I, 1IJLzy YS'TEi;:'? i'\ i;] C CC:>!>; PTTL': E,
Itinor Iir:~? riC~: ti. strict: s - Ft~ ndsw i l l be provi. det1 oil the b a s i s of -____- A _. _ ._-.__ I.--
cost t o ti12 d j . s i ; ~ i c tf o r tile e d u c a t i o ! ~ o f izhe e. li~ i1L) e Indir111
c h i l d r e n a f t e r c- 6: eri. iting a:! l outsriclc: sources of revenue and
including tile tz:: revenue derived frcxn the taxabic asset:; located
on the r e s e r v a t i o l ~ portion of the sc'lloo. L d i s t r i c t .
To coplpute t h e tax revenue, i. nEor; natio; l :; upplied by the S t a t e
Office oE Appraisals x ~ i l bl e used.
For t h i s purpose, p r i o r year per c a p i t a c o s t s 1ci1. l h e used.
L TI. The ! lurenu w i l l rcinburse the counties Tor a p r o p o r t i ~ n ~ ~ s ltlc~ r c
of Teacher Rcti- I- cr:~ ntp ciyncnis, arld Coiiniy appcrtio~~ rj;. nct o s t s
($ 17.50) ullicll a r c r a i s c d Ti, o, i~ l o c a l property tax?:;, provided the
N), 1 of e l i g i b l e L~ rclinn chiirIrcn cqunls 3 ~ c r c c n to r nore of t h e
t o t a l LIDA of a l l p u b l i c scilool. cli. ildre11 of tile count: y.
The e l i g i b l e conrrtics w i l l be reiniburscd an zmouilt of Funds paid
t o the Teacher 1: ct irencnt: Fund arltl Cou~ lty Aid apportionncnt c o s t s
i n proportion t o tzhc r a t i o C I L ~ r c s e r v a t i o l ; d i : ; t r i c t p u p i l s t o a l l
p u p i l s i n the p u b l i c schools o f the councy l e s s a c r e d i t f o r the
F,) I: L11: i:; pi1l: jxi):; c!, Llit.: : i s : : ~ ? ~ l i ? t of t: l~ c I::!..;:-:; cc> l.~(~(: t<? cl
w. il. 1. bc dctct- i ! ill, ctl b! 7 t- 11; L;\ X rati! ~ l i : i ' t i t i t I by t. 11~:
(: 0~ 1! 1kV C( 3 - Kc7 i.: iP i.. t111(!:-; L <.) t- ' ~ ' L ~ : \ C \ I < ~ I; KI! L i'r'~. ilf~ i: l[ l : l ~ . ~ ~
Cou; li. y Aid ~. i):) c> ct: ioii:~;;:~ ii: s~ :: j'ir::> iIiTs for ~ i. 11. C. OUII~. Y
c ~ ~ . i I ( l rII~ K! ~ I. ki: i, l > l.. i.~: c! by t . . rc>! i.!> i.~ li. t( l t.:? : i: ii11.~ CV; I. J. L~--
; lti.(>~ l:; 0 1: C! IL: !:(.,:; L? ~: v: I.[- i . t: i~ CLL:: tit*. i.~ t:;, (!>):. LO]: >~<:: IY) .
~ : I I c( 3r! 1put. i11!; LI1f- S ; lj.( T f ~ i : coti~ lt- iit:?:; \,: i l. 11 ~ , : ~ I I o I : L i : ~ i ) ; l ~ i :
Di:; l: i.. i- cts , ca1. y tile c. Li2. i b 1. c , ioilnsoli..- O ';.;, ill. cy
s1icr. l. l be useci.
111 coi~ nty si. tu~. t: ions : J~ CY: C? L: llare a r e sj. i: c?:!!) !. c f:;; sc~ b I(? n: i:; e tr;
' i ~ i t l l i . ~ tlit e re:; e- i- v:;. i:- ion scl~ ooi. t l i s t r i . c t s , znd t: lle couili: gr :; til: l.
has a 2i:- la11c. ii?.. L p!: ob:!. em re:;: lji: i.: i~ . fro: il r: c? iati. v:' llil.: itc. i: ciluca-t
i o n c o s t s , and a ~ G:,: C! C anoutxi: of assc:;!: n(~ evnl. u:! tio: I behind
each c1l: ild i n scl~ ool., oilly ol? e- llcilf of L-.:! e Lases col. lt> cted
frcm t a x a b l e asseirn on r e s e r v a t i o n lands wi1. l. be uczd as a
c r e d i t .
LV. Tile Cureau w i l l providc fund:; i n the buclzet for c; recial s c r v i c e s
on a nesd b n s i s f o r Lxdi n ~ lp ur) il s acd for ~. itrzoi- din;. ry needs
r e l a t e d t o the education of el- Lgible Indian c h i l d r e n as are
mu tual- 1- y deter~. iined by Lhe S t a t e ancl i', ur;?; iri pcrsonncl.
1. When s p e c i a l s e r v i c e s a r c provided i. n Ftino- r Tay:?. ct l ) i s t r i c t s ,
per c a p t t a costzs on ~ ~ ~ h ijcohlnls on- OT1\ Ia; ilcy pay:; ients a r e made
w i l l exclude these s p e c i a l s e r v i c e c o s t s .
2. For t h i s purpose, s p e c i a l s c r v i c e s wi1. L ] Jean g e r ~ e r a l l y the
cost of school. 1- unches wnzn n c i t h c r Lhc f; imiLy nor the
school d i s t r i c t can rrlnet or ; il) sorb tile cost. 1" L- s recog-nized
t h a t t h e c o s t of pioviding spcci- 11 t c n c i ~ e r s , unusual
t r < l n s p o r t a t i o n , o r other ~ c h o o le rrgloycca may br. paict from
t h i s fund.
3 . Additional education progrrrrils t h a t will. apgi- ado, 1- 111. q u a l i t y
of e d u c ; ~ t i o n .
V. The l3urea11 w i l l p covidc funds t o r tile nc\ rmc~ ala rninl c ~ r . : ~ ~ icvoes is
necessary to carry out t l ~ i sp roc; r; i n arid pro? ote he o ~ c ' ~ > ral iyl jr~ st-ment
of Indian c ? ~ i l d r n nt o p u b l i c sc'! iool; \: hen the f m d s a r e not
a v a i l a b l e from other sources. The amount :: iil be rnu~~ unlldye ter-mined
by the S t a t e Board of Education and the Eureau of Indian
A f f a i r s .
VI. lJherc an ripproved a~ ialagamation of a fccleral and p u l ~ l i c school. is
i n operat ion, the Cureau of Llldis~ l hf f air:; l i i 11 proviric the buclgctcd
share of t h e c o s t of operating tlte p u b l i c sc! lool tiiat is administi- a-t
i v e l y d c t e ~ m i n e d by tile S t a t e , scltool d i s t r i c t involveci, and I3urcau
r e p r e s e n t a t i v e s .
IiVl)(; T< TS: l'i~ c1 ,: l:; i:: ~ i t: 11(: C : O I I ~ ~ ; - , ( - L w. i. 1 1. I)<; : I 1 ~ ~ 1 ~ 1 ~ :: t;~~~ tl:-; ,,!! i. ttc;( I the
S [: ate, rcflcc L i. n;; np~ I. ) i cat: ion 01: tilt: 1) rc! c:' cii~ tg c. ci ~ c: v. i. i\.
1. - El. -. L. - y - i - l-. - 1 .. P -- D -. i.::- t:. !- i.. c .. t -- if, s cllool, ili. si: rict: linvi. ii!: Ti?~ I- ir!. n
~ L>. sc! s\',>.[:~.<) II J.:~ RC!:; : ii;<?/ Or ( > < ! ! i < : ait. t ~ : ; CII:~-. 0 r*-! l i.!: tx: i. ct
c: i;: ii). l <: - 1li1d i-:?% l cil i. J. circn. 11:; : 1' 1 (: xcLty> i, i. 0~ 1 (: tic: to
~ L.? C>]? L>~ 1:::~ lr.: T; P;{ kt\~> ;:;[ ::~~ ) fii ! i..< < t'?~ lti: , -!: i~.::. i ; IT1 ~ 1 1 - 1L. c I i'C!~ l, 3
d. i:; tri. ct is itS.- i;; i. i,% c !: o p; ict- i. cil-): tt: e rii?:.: n : 3 l? c~ ct?:; ot f
t h e t: o Li. 1. l A:). l oE tlic :; c:! lrio.!. d i.:; i: r. Lci: : i. s co! ; psi! d o. E 1~ 1i:; rant
c? lildrcn ~. rilose peria; lnent rcc; i. dr: nc;? i. s on : in il?: i. zona
Indi.: m reserva t i o n ,
T, oca: L T~. 7..~ x E . ffort - ( a) To quitl. ify, Flnjor L:!:!~: lct Districts
must levy an av5rr: ge tax r n t e i n cor; lp; rri:; c, ix with :; rirnil. ar
t y p e s c h o o l districts in the S t a t e as g- cc:~ l; ad f o r P. I,. 874
purposes. ( b) Since there a r c so few d i s t i - t c t s j. 11 the
category of elementary d i s t r i c i : ~ teacliin:; 11: ig? 1 scllool
s u b j e c t s , t o qitnlify t h i s r s t e nlrr:-: t equal c r excccd t h a t
of the averclge f o r e: ieiilentary di. st: ricts i. n th:! S t a t e as
grouped f o r P. ' I,. 874 purposes. ( The tax r a t e is the
D i s t r i c t tax r a t e as used on l i n e 74 of ti12 annual report
of the S t a t e Supcrintcndent of Public I n s t r l ~ c t i o n ) .
3. TI- igiblc Indi-- a n C! li. ld - One- fourth or noore dcgrce Indjim
bl- ood arid whose pa- cents r e s i d e on Arizona iedi- an Xeservation
lands.
4. - R-- e- s- idenc-- e - The residence of an lilclian cllil- d is to be interpreted
by d i s t r i c t s i n the snme way t h a t residence is gel~. crrnlly
i nt erprr? tcd f o r non- Indian children a t t : i: ndizxg a p ~ b l i csc hool
under tlze sarce circu~ nr; tances.
5. - Av- e- r- a- p- e- - D'l- i- l- y ---- A t l cnd-- n- - n c- c - Is the a c t u a l ADA f o r the Iirst
s i x rlic) n~; iso f the c u l - s c ~ ty eas i n the coi~~ pul. aticrlisr ivol- ving
funds f o r non-- budge t revici~ d i s t r i c k s ,
6 . - 1- n : l ia- n- -- W-- - r-- l- ca- tio n :'. c- cc - l-( .- 1 s-- - - A p a r t i cilpating school d i s t r i c t
n, ust s u b n i t t h e foilowirlg t o the Indinil Eclucation DivJsioll of
t h e S t a t e Department of P u b l i c I n s t r u c t i o n .
( a) An a p p l i c a t i o n to pcirticipntc i n the Johnsu~~- O'Mnllcy
fund on an a p p l i c a t i o n for:? provided by tllc Division
of Lntiiarl Education on or before tlle date dc?:; ignatcd
on the form.
( b) I: n~: ol ~ ~ I ; L . I ~ Lc art1 ( i l l clu< itIrul) l i r n l r.) of c,~ cllc l. igil) lc
1 i 1 c i 1 1 P I1 I 1 J . 1: cc - orJ. ( 1 C iloi1 - c. 1 i;; il) lc
l n t l i , i ~ i clii Ltl~. cn 11oL 1- czluirc11.
( c) 1lvcr; i:: c Ddily 3, t t: c~: itlnncc~ i i ~ l: c % cpi ns; wi. 1 li r rcni 5 .
( cl) :! u~: l!~ cr of c L i:: ill 1 c Pnil i ,111 81- 11 grade and 1 :! i li gr, izle
grt-. lclunLc:; i? nch yc'lr,
( f ) Rcaorl: nunll~ cr of d r c p o ~ l t s arlcl trr- insfer:; by grade aild
age, incl11~ 1ii~ rgt : n ~ ~ nTo r le, l* aing s c i ~ o o l .
( g) Total. school cnrollr? ent inclzlding [ ndian nrld non-
Indian stllcfcilts ( l a s t colu, xl of S t a t e Sulxenary !: cport),
( h) A S t a t e Summary Report form w i l l be supr) lietl t o the
~ ohnson- O'FIalley schools f o r r e p o r t i n g the crlrollmcllt
data.
7. R ~ 2 a t j . nC~ h ildren t o Pt- oner School T l i s t r i c t s - The S t a t e -.-- A ---- d - --_
De~ artmento f Education ii7i~ mlz ke fvery eEfort to r e l a t e
Indian c h i l d r e n t o p r o p e r s c h o o l d i s t r i - c z i ; in Itecping wit11
Ar i zona School 1, aws.
8. - T-- J--~-- i used Funds - As funds provided the S t a t e a r e p n r t i , t l l y
based on bcs t a v a i l a b l e e s t i ~ n a t e z , unused fullds i n a p p l i c a t i o n
of t h i s plan w i l l be c a r r i e d forward as a c r e d i t to the sub-sequent
y e a r ' s c o n t r a c t .
9 . I C! ln- nc~; e-.: i n- t h i- SA- nAre- cl~- c- n t - This Plan nay be a1 t c r e d o r
arnended by n: uLr~ al cvnscut oE signed p a r t i e s . C; l,~ nges i n
e i t h e r S t s t e or Federal lnw p e r t z i n i n g t o a i d s in Cinancing
p u b l i c education w i l l be cause to a l t e r t h i s Plr~ tl.
APR 2 G ' 1973
( Effecti. ve J u l y 1, 1969) ( Arn~ r~ dcads of A p r i l 10, 1973)
W2/ hf/ l- 5 7.11 - 5-
CAROLYWNA RNER
SUPERINTENDENT
1535 WEST J E F F E R S O N
P H O E N I X . ARIZONA 85007
271- 4361
July 22, 1975
To Whom It May Concern:
I am extremely pleased to present the new 1975- 1976 Johnson- OIMalley
State Educational Plan to the people and Indian students of the
State of Arizona.
Our c e r t i f i c a t i o n of t h i s Arizona ~ ohnson- OIMalley State Educational
Plan marks one of the most s i g n i f i c a n t achievements of the Department
of Education i n providing for t h e s p e c i a l educational needs of the
Indian children within our State.
Nearly three years ago, our Division of Indian Education, under the
direction of M r . Terrance F. Leonard, was given the r e s p o n s i b i l i t y
of r e v i s i n g t h e JOM State Plan by involving-- to the greatest extent
possible-- all affected agencies, departments, school boards, Indian
t r i b e s and communities, parents, students, and the general public.
This f i n a l document s h a l l stand as a monument to the e f f o r t s of a l l
concerned for and on behalf of a l l Indian children.
We are confident t h a t the implementation of t h i s document w i l l
i n i t i a t e increased friendships and unity within educational com-munities
t o f a c i l i t a t e the i n t e n t of the ~ ohnson- o1Malley Program
and our Indian parents.
Sincerely,
Superintendent
STATE OF ARIZONA
1975- 1 976
ARIZONA JOHNSON- O'MALLEY STATE EDUCATIONAL PLAN
Authorized Under
The Johnson- O'Malley Act of 1934, as amended
June 4, 1936, P. L. 73- 167
Prepared By
Arizona Department of Education
1535 West Jefferson Street
Phoenix, Arizona 85007
Carolyn Warner
Superintendent
Terrance F. Leonard, Director
Division of Indian Education
Telephone: 602- 271- 4391
Approved by the
Arizona State Board of Education
on
May 27, 1975
----
MAP SHOWING THE
INDIAN RESERVATION AREAS
RELATED FEATURES OF INTEREST
Prepared by the
TABLE OF CONTENTS
Page
I . PURPOSE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
II . AUTHORITY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
Ill . POLICY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
IV . PROGRAMS AND SERVICES . . . . . . . . . . . . . . . . . . . . . . 4
A . Supplemental . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
B . Operational Expenditures . . . . . . . . . . . . . . . . . . . . . 7
C . Special Services . . . . . . . . . . . . . . . . . . . . . . . . . . 8
V . ARIZONA INDIAN EDUCATION ASSOCIATION
( JOHNSON- O'MALLEY INDIAN EDUCATION COMMITTEE) . . . . . . . . 9
VI . STATE ADMINISTRATION AND MANAGEMENT . . . . . . . . . . . . . 9
VII . GENERAL PROVISIONS . . . . . . . . . . . . . . . . . . . . . . . . 10
VIII . DEFINITIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 2
IX . CERTIFICATION . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
X . APPENDIXES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 5
Application for Johnson- O'Malley Participation . . . . . . . . . . . . . . . 17
The Johnson- O'Malley Act ( 19 34) . . . . . . . . . . . . . . . . . . . . 1 8
Johnson- O'Malley Regulations . . . . . . . . . . . . . . . . . . . . . . 1 9
Arizona Johnson- O'Malley Program . . . . . . . . . . . . . . . . . . . . 23
Joint Exercise of Powers . . . . . . . . . . . . . . . . . . . . . . . . 2 5
Federal Grants for Educational Purposes . . . . . . . . . . . . . . . . . . 2 7
Education of Indians in State Schools . . . . . . . . . . . . . . . . . . . 29
Constitution and Bylaws of the Arizona Indian Education
Association. State of Arizona . . . . . . . . . . . . . . . . . . . . . . 3 1
Basic Requirements for Public Schools . . . . . . . . . . . . . . . . . . 3 7
Special Services Letter ( Sample) . . . . . . . . . . . . . . . . . . . . . 4 5
Intergovernmental Agreement ( Sample) . . . . . . . . . . . . . . . . . . 4 7
Chart of Accounts
ARIZONA JOHNSON- O'MALLEY STATE EDUCATIONAL PLAN
I. PURPOSE
A. To provide a comprehensive plan for the 1975- 1976 school year that will enhance
the educational opportunities of and meet the special needs of eligible lndian
children, and, to assure programmatic and fiscal accountability in ( 1) supplemental
programs and special services, ( 2) parental participation, ( 3) operational
expenditures, and ( 4) administrative management.
B. To prescribe the procedures by which contract funds will be programmed to eligible
public school districts participating in the Johnson- O'Malley Program and educating
eligible lndian children, or, to one or more Arizona lndian Tribes under the
provisions of the Intergovernmental Agreement.
C. To provide and foster the intent of the Congress of the United States to assure
quantity and quality educational opportunities, and ' parental participation in the
development of services and educational programs that are responsive to the special
needs of lndian children.
D. To provide interim guidelines for the implementation of the Johnson- O'Malley
Program and regulations within the State of Arizona for the benefit of eligible lndian
children, lndian communities, and eligible public school districts for the 1975- 1976
school year.
II. AUTHORITY
A. The Johnson- O'Malley Act of April 16, 1934, ( 48 Stat. 596) as amended June 4,
1936, ( 49 Stat. 1458, 25 U. S. C. 452- 456).
B. 25 CFR Part 33 - Financial Assistance to Meet Special Educational Needs of lndian
Children ( September 20, 1974).
C. Arizona Revised Statutes, Title 15- Education, 5 15- 1 161, 5 15- 1 141, and 3 11- 951
to 954.
D. Policies ( Rules) - Arizona State Board of Education.
E. 41 CFR - Public Contracts and Property Management.
Ill. POLICY
A. The provisions of the At-$--.-- . ---- q, r - Of! Valley State Educational Plan shall be
executed in accordant:: Y- i: r'a? lavts applicable to the education of all
children, ( 2) secrei? riai ;:- I; , I - -' ," .-- -- ' Ide contracts.
B. All commitments am-' -"; r;+. - - -- -- - 3 --. a ' 2nd~ under this plan are subject to
funds made available to tho ?. -- - .- 3;- Jf'airs. Said funds shall be expended
for the benefit of eligible '--: T- s: uden: s and approved on a project basis with
separate fiscal accountabi; ltv. It s9al I be understood that the expenditures by the
lndian Education Committee l e d ? in siJpDort of programs under this plan shall be
for the benefit of eligible Incli2n c h ~ i ? r ~ n .
C. Appropriations authorized under P. L. 73- 1 67 ( Johnson- O'Malley Act) shall
supplement, not supplant, State and local funds, use of said funds shall not result in
a decrease of State, local, or Federal funds, and in no instance shall these funds be
used as payment for capital outlay or debt retirement expenses.
D. Parental Participation
1. In accordance with 25 CFS Par; 33, supplementary programs shall require the
establishment of an lndian Education Committee composed of parents of
lndian children being served and exercise all authorities granted thereto by the
Johnson- O'Malley Act. Said commiztee shall be nominated, selected, and served
by procedures determined by the lndian community affected and delineated in
the Constitution and Bylaws of each committee.
For purposes of this plan, wh~ rra: n elected public school board is composed of
a majority of lndian people and obtains the written concurrence of the affected
lndian community, said board may serve as the local lndian Education
Committee, provided, that such concurrence shall not limit the continuing
participation of parents of lndian children being served, and members of the
l ndian Committee affected. In such instances, the elected public school board
may establish a working subcommittee for supplementary programs composed
of parents of children being served, or such other committees authorized under
this part.
3. Where a local school board i , n~ ot cornposed of a majority of lndian people, the
parents of lndian children enrolled shall elect a local committee ( Indian
Education Committee) from their members and shall have authority to approve
or disapprove and implement supplementary programs under any such
contract( s) for this purpose at the local level, provided, that implementation of
any such program shall be in compliance with Federal, State, and local laws
and regulations applicable to such programs.
4. Whenever a local lndian Committee or Committees established pursuant to
Section 305 of the Act of June 23, 1972 ( Title IV) or an lndian Advisory
School Board or Boards established pursuant to P. L. 93- 638, January 4, 1975,
exists in such school district, such committee or board may, in the discretion
of the affected district or tribal governing body or bodies, be utilized as the
lndian Education Committee.
5. When a supplementary program or project is administered by a public school
district and contains provisions for travel by the lndian Education Committee
the rates and procedures applicable to the public school district shall be
utilized.
6. Whenever an lndian Education Committee, established under the authority of
the Johnson- O'Malley Act and the provisions of this plan is confronted by an
impasse on program negotiations or is constrained in the exercise of its duties,
the Department of Education, Division of lndian Education and the duly
authorized representative of the Secretary of lnterior may be requested to
mediate or negotiate such proceedings and offer recommendations in the best
interests of the students being served.
7. Whenever an eligible public school district fails to request funding under the
supplementary program or project provisions of this plan, then, the Division of
lndian Education may refund the entitlement monies for the affected school
district to the applicable area office to allow a direct contract with the affected
lndian tribe and the Bureau of lndian Affairs.
E. This plan shall be amended by mutual consent of the signed parties as a result of
changes in either State or Federal law or regulations applicable to P. L. 73- 167 and
financial aid for public education.
F. Funds for ( 1 ) supplemental programs shall be expended by line item for purposes
authorized by the lndian Education Committee and the affected district under the
provisions of A. R. S. 5 15- 1 141 or A. R. S. 5 1 1- 952, and ( 2) special service projects
as approved by the mutual consent of contracting parties shall be expended by line
item for extraordinary or exceptional circumstances.
G. All programs or projects funded under this plan shall be open for visitations and
inspection by the contractor or a duly authorized representative of the Secretary of
the lnterior or members of the lndian Education Committee to monitor, evaluate,
and audit program effectiveness and the financial expenditures.
H. Contract funds for operational expenditures shall be based on an authorized State
Budget request for financial aid and budget formats of each participating school
district or other approved budgets for supplement programs or special services.
I. School districts receiving funds under P. L. 73- 1 67 shall provide educational
opportunities to all lndian children within that school district on the same terms and
under the same conditions that apply to all other students, and shall insure that
lndian children receive all aid from all sources which they would be entitled to
receive. In no instance shall there be discrimination against Indians or schools
enrolling such Indians, and as applicable, the rules and regulations pertaining to
student rights and due process ( 25 CFR Part 35) shall be recognized and maintained.
J. All programs and distribution of contract funds under this plan shall be administered
through the Arizona State Department of Education, Division of lndian Education,
who shall provide management and technical assistance, monitoring, and evaluation,
and conduct fiscal audits. Said audits shall be conducted at a minimum of one every
two years as delineated by the U. S. Office of Education, or at such times as
required by the Department of Interior.
K. Funds for supplemental programs may be expended for personnel salaries which are
reimbursable payments to the district fund of an affected district of employment.
L. All supplementary programs or projects shall provide an opportunity and
consideration for the employment of members of the affected lndian community.
This provision may be waived by the lndian Education Committee, provided that, all
supplementary programs shall utilize best available talents and resources including
persons from the lndian communities and shall be coordinated to build upon and
support the heritage, traditions, and life styles of the lndian community being served.
M. Unused funds in the application of this plan for operational expenditures and
supplementary programs may be carried forward to the succeeding fiscal years'
program, or as a credit to the subsequent years' contract, provided, that all funds not
expended, obligated, or used for the purposes of this plan or unlawfully expended
shall be returned to the Department of Education within the last quarter of contract
period. Unlawful expenditures are any expenditures made in a manner other than as
directed by the State Board of Education or as provided by the Federal grant or
contract, and, that the amounts so determined shall be refunded to the Department
of Education. In all cases, unused funds may be returned to the applicable Area
Office ( BIA) or credited to the subsequent years' contract. Said funds may be
obligated for summer programs if such was part of the original proposal( s).
N. Budgets for operational and supplementary programs may be adjusted within the
contract period to an amount that will be not more than 10 percent of an increase
or decrease of the total approved program funding.
IV. PROGRAMS AND SERVICES
A. Supplemental
1. Supplementary programs or projects are those which shall be designed to meet
the special needs of eligible lndian children, from early childhood through
grade 12, and to create and enhance educational opportunities as provided by
this part and in compliance with applicable Federal, State, and local laws and
regulations, or such other programs or projects designed to increase proficiency
in an educational standard.
2. Supplementary funds may be an entitlement to an eligible public school district
estimated in the following manner:
a. based entirely on the approved supplemental program or project
submitted by an eligible public school district and the lndian Education
Committee and designed to meet the special needs of all or a portion of
the eligible lndian student enrollment, or,
b. per capita payments based on the state average per pupil expenditure
factor times the number of eligible lndian students enrolled at the close
of the second school month when sufficient funds are allocated to the
Area Office ( BIA); or,
c. per capita payments based on the product obtained from the division of
the total available funds by the number of eligible lndian students
enrolled at the close of the second school month times a weighted factor
of 1.0 for elementary students and 1.5 for high school students, or, such
other weighted factors as mutually determined by the State and Bureau
personnel; or,
d. in a manner determined by the applicable Area Office ( BIA). Said
entitlements will be the estimated base from which supplementary
programs or projects can be designed, developed, and implemented with
allowances being made for reasonable costs to be incurred by the local
lndian Education Committee. Also, funds may be used to supplement
other supplementary programs; i. e., the lndian Education Act
( P. L. 92- 318, Title IV), and State Bilingual Programs.
3. To receive funding, a supplementary program or project proposals must
establish the following:
Eligible lndian Students
lndian Education Committee
Needs Assessment
Goals
Objectives
Activities
Evaluation
Monitoring System
Calendar of Events
Dissemination
Budget ( line items)
Assurances ( Indian Education Committee certified approvals)
4. Said programs or projects may be developed through various phases of
planning, design, and implementation in open consultation with parents of
lndian children being served, and secondary lndian students ( where applicable)
and, with the full understanding that the lndian Education Committee shall
have full veto power over all supplemental programs and expenditures thereof,
provided, that compliances to A. R. S. 3 15- 1141 are maintained.
5. For purposes of any contract executed between the Arizona Department of .
Education and the Bureau of lndian Affairs for Supplementary or Operational
funding, the Division of lndian Education shall be the authorized recipient of
program requirements; i. e., proposals, budgets, constitution and bylaws,
evaluation and monitoring reports, and fiscal data.
6. Funds under this part may be programmed to one or more Arizona lndian
Tribes through the Intergovernmental Agreement which shall specify the
following: ( A. R. S. 8 11- 952 to 954)
a. Duration
b. Purpose
c. Manner of financing and the establishing and maintaining a budget.
d. Permissible methods to be employed in accomplishing the partial or
complete termination of the agreement and for disposing property.
e. Other necessary and proper matters.
7. Program expenditures may also include the instructional and supportive services
identified under the provisions of the lndian Education Act of 1972, provided
that such expenditures will not supplant any funds under such Act, and that
such programs are in addition to or complementary to the basic educational
programs offered by the affected school district which may be operated on its
premises or within the school district boundaries, or at such other facilities
maintained by a Tribal Government, lndian Corporation, or the Bureau of
lndian Affairs, adequately facilitated to accommodate said programs.
8. All school districts receiving funds under this part may provide members of the
lndian Education Committee access to nonconfidential records concerning
students served by the Johnson- O'Malley program, provided that written
approvals are given by parents of students being served, and in compliance with
Federal laws applicable to the Freedom of Information and the Invasion of
Personal Privacy Acts. ( 5 U. S. C. 552 P. L. 93- 502, 88 Stat. 1561 ).
9. Supplementary programs designed to extend the classroom participation of
eligible lndian students beyond the school premises and during normal school
hours shall adhere to State compulsory school attendance laws.
10. Supplementary program expenditures may include the following: ( a) personnel
salaries, bus drivers, and specialists; ( b) transportation for out of classroom
activities and special events; ( c) lndian cultural or heritage studies; ( d) lndian
Education Committee expenses in performance of duties; ( e) conference,
workshop, and seminar fees incurred by the lndian Education Committee and
program personnel with preference given to students; ( f) special services or
equipment for physically handicapped and mentally retarded children;
( g) textbooks or references necessitated by the programs or projects;
, ( h) in- service training costs by the lndian Education Committee and program
personnel; ( i) consultant fees necessitated by the program or project which
benefits shall result in proficiency or effectiveness of goals and objectives;
( j) equipment and supplies directly related to the program or project or those
which will benefit students being served; ( k) publication costs of the program
or project; ( I) parental costs; ( m) summer school or summer work- study
programs; ( n) such other costs incurred for the implementation of
supplementary programs or projects and as approved by the lndian Education
Committee.
11. Parental costs are r ~ q s i + - ~ r j to be as an optronai exnenditure in a
supplementary program nr . svjsc, t, lzrhich may includt: the follow~ ng:
activity and other related fqes
school supplies- rcrct- qr
school supplies; i. e., home economics, industrial arts, agriculture, lab, etc.
physical education- t: nifnrms and shoes
athletic equipment
personal clothing
medical and health services or treatments not provided by the lndian
Health Service
school lunches- excess costs
band instruments- rent or purchase
class rings
yearbooks, graduation pictures
graduation announcements
cap and gown rental- graduation
personal and travel expenses- includes students
other costs normally borne by the parents.
It shall be understood that parental cost expenditures may be made to benefit
all or a portion of the lndian student enrollment, provided that such is made
available to all eligible students being served and as approved by the lndian
Education Committee.
B. Operational Expenditures
1. Programmatic expenditures made in support of operational costs incurred by
. eligible and participating public school districts educating eligible lndian
children to meet educational standards or requirements established by the State
Board of Education.
2. To be eligible for operational expenditure funding or consideration a school
district must establish all of the following:
a. That there exists at least 70 percent or more of eligible lndian children
within the school district or within any particular school served.
b. Utilized all other sources of financial aid or revenues to which the district
is entitled, including all forms of State aid, P. L. 81- 874 funds, balances
forward, and funds raised from a local tax levy based on the qualifying
Johnson- O'Malley rate established by the Arizona Department of
Education.
c. To qualify, the district must have made a reasonable tax effort with a
mill levy in support of educational programs at least equal to the State
average, being the rate not less than the average levied by all similar
districts in the State during the previous year, excluding special levies and
bonded indebtedness. The average tax rate is to be developed separately
for elementary districts and high school districts which will be a simple
average of tax rates as used in the annual report of the Department of
Instruction.
d. That it cannot satisfy the minimum State standards or requirements in
the absence of such funds.
3. Funds shall be used for operational expenditures to provide educational services
and opportunities in accordance with the minimum State Educational Standards
( requirements established by the State Board of Education pursuant to A. R. S.
Title 15- Education), with fiscal accountability under the adopted chart of
accounts. Operational funds may also be used to reduce district fund salary
expenditures for supplementary programs. ( See page 4, item K)
4. Funds may be distributed ta meet operational support in the following manner
and subject to available funds:
a. Payments to meet the excess cost of the basic educational requirements
in operational expenditures; or,
b. per capita payments based on state average per pupil expenditures of the
previous fiscal year times the number of eligible students enrolled ( as
reported at the end of the second . school month); or,
c. per capita payments based on the number of eligible students times a
weighted factor computed separately for elementary and high school
districts times the net amount of contract funds available; or,
d. Under such other terms or conditions as determined by the applicable
Area Office ( BIA).
e. The distribution schedule as mutually agreed to by representatives of the
contracting parties shall be applicable to all participating school districts
during the contract year, and in, the event that additional funds are made
available a proration shall occur unless specifically earmarked and the
contract modified to reflect the additional allocation distribution.
C. Special Services
1. Special services which may be provided by the Department of Education,
Division of lndian Education for special and extraordinary needs or
circumstances, and emergency services that may be provided to a school
district, or lndian child as a result of an emergency situation, or such services
that may result in supplementary programs or projects.
2. Said services may be provided through the Arizona lndian Education
Association ( Johnson- O'Malley lndian Education Committee) which at their
discretion may be made available to an lndian tribe, or public school districts
to enhance or enrich the educational opportunities and upgrade the quality of
education for lndian children.
3. Funds for this purpose may be made available as a line item in the operational
budget of the Division of lndian Education, provided, that distribution or
expenditures thereof be concurred by the affected contracting officers
representative ( BIA) and the Arizona lndian Education Association ( JOM). The
amount of said funds may be mutually agreed upon by the State and Bureau
personnel, and the Arizona lndian Education Association ( JOM).
4. Funds under this part may be utilized by the Arizona lndian Education
Association ( Johnson- O'Malley lndian Education Committee) for in- service
training or to provide training sessions to other applicable Johnson- OfMalley
lndian Education Committees, or, to participate in statewide workshops,
conferences, or seminars applicable to the Johnson- O'Malley programs ( out of
state participations will be subject to funds available).
5. Separate fiscal accounting for all special services shall be maintained through a
function of the operational budget of the Division of lndian Education with
expenditures thereof coordinated with the goals, objectives, and activities of the
Division.
V. ARIZONA INDIAN EDUCATION ASSOCIATION ( JOHNSON- O'MALLEY INDIAN
EDUCATION COMMITTEE)
A. All lndian representative committee composed of one member and one alternate
nominated and elected by procedures determined by each Arizona lndian Tribe or
Tribal Government and composed of the following:
AK- Chin
Camp Verde
Coco pah
Colorado River
Fort Apache
Fort McDowel l
Fort Mohave
Fort Yuma
Gila River
Havasupai
Hopi
Hualapai
Kaibab- Paiute
Papago
Pay son
Salt River
San Carlos
Yavapai
B. For purposes of this plan, said committee shall serve in the liaison capacity to the
Arizona State Board of Education, Department of Education, and the Bureau of
lndian Affairs and may serve and operate under the terms and conditions outlined in
the Constitution and Bylaws established by the committee for the benefit of lndian
children.
C. Additional functions and responsibilities of the committee may at i t s option be
exercised, provided, that such are in accordance with the applicable State, Federal,
and local laws or regulations, and the provisions of this plan.
D. The Arizona State Board of Education may in the performance of i t s duties designate
the committee to undertake special activities for the benefit of lndian children and
the lndian communities.
VI. STATE ADMINISTRATION AND MANAGEMENT
A. The Bureau will provide funds for the administration and management costs to carry
out the Johnson- O'Malley Program and the intents of the Johnson- O'Malley State
Educational Plan, and to perform such monitoring, evaluation, fiscal audit, and
technical assistance to assure compliances of program and contract requirements.
B. The Arizona Department of Education, Division of lndian Education, shall be
authorized by the State Board of Education to be responsible for the administration
and management of all contracts executed under the authority of the
Johnson- O1Malley Act and shall perform such other functions as required or
delegated by the Superintendent of Public Instruction.
C. Funds shall be expended for the operation of the Division of lndian Education in the
performance of duties required by contract provisions, policies of the State Board of
Education, and the Superintendent of Public Instruction. The amount shall be
mutually determined by the State Board of Education and the Bureau of lndian
Affairs. Unused funds may be carried forward to the succeeding fiscal year or
refunded to the applicable Area Office ( BIA).
D. The Division of lndian Education shall be staffed by an adequate staff to carry out
the provisions of the State Plan and contractual agreements.
E. It shall be agreed and mutually understood that the functions and responsibilities of
the Division of lndian Education may be performed in conjunction with other State,
Federal, or local programs applicable to the educational and special needs of lndian
children and the lndian communities. Activities will be planned, designed, and
implemented to be responsive to the needs of public school districts educating
eligible lndian children, the lndian communities, and, upon request, informational
services to the general public.
VII. GENERAL PROVISIONS
A. Public school districts educating eligible lndian children eligible for both operational
expenditures and supplemental programs hereinafter will be denoted as Major lmpact
School Districts.
B. Public school districts educating eligible lndian children eligible for or receiving
Johnson- O'Malley supplementary funds will be denoted as Minor lmpact School
Districts.
C. Arizona lndian Tribes, as denoted by the Arizona Commission of lndian Affairs, will
be eligible to receive Johnson- O'Malley supplementary funds under the provisions of
the Intergovernmental Agreement and funds available under this plan.
D. All public school districts and lndian tribes receiving funds under this plan shall
comply with Title VI of the Civil Rights Act. " No person in the United States shall,
on the ground of race, color, or national origin be excluded from participation in, be
denied the benefits of, or be subject to discrimination under any program or activity
receiving Federal financial assistance."
E. Negotiations for and the execution of annual contracts under this plan shall be made
prior to July 1st of each year for the school year in which funds are sought.
F. The implementation of this plan shall commence on July 1, 1975 and expire on
June 30, 1976, and thereafter said plan will be subject to amendments as a result of
changes in either State or Federal laws or regulations.
G. In the absence of Federal regulatidns, the State Board of Education shall determine
the purpose and methods of expenditure and shall be the chief educational authority
for the administration and supervision of the expenditure of Federal appropriations.
( A. R. S. 5 15- 1 141)
H. Pursuant to 25 CFR Part 33, the applicable Area Director, Bureau of lndian Affairs
at his discretion may authorize exceptions to the State Board of Education on the
distribution of contract funds based upon the special cultural, linguistic, social,
educational needs of the communities involved, or other factors.
I. lndian Education Records
1. The Division of lndian Education shall prepare, distribute, and receive all
applicable applications, records, formats, and program information.
2. All eligible public school districts or lndian tribes shall submit an application to
participate in the Johnson- O'Malley Program as provided by this plan and
subject to available funds for supplementary or operational programs.
3. The affected public school district and the applicable lndian Education
Committee shall certify the eligible lndian student enrollment report. A copy
of such certification together with the names of the individual students shall
maintain at the local district office. Said certification of the total eligible
lndian enrollment at the close of the second school month shall be submitted
to the Division of lndian Education. For purposes of this part, the format of
the individual student identification required by P. L. 81- 874 may be utilized.
4. Annual Report- all participating public school districts shall submit the
following information on or before July 30 of each year.
a. Number of eligible lndian eighth grade and twelfth grade graduates each
year.
b. Report to the Division of lndian Education total enrollment of lndian
students by grade and age in the Johnson- O'Malley participating schools
( kindergarten through grade 12).
c. Report number of dropouts and transfers by grade and age, including
reason for leaving school.
d. Total school enrollment including l ndian and non- Indian students ( last
column of State Summary Report).
e. A State Summary Report form will be supplied to the Johnson- O'Malley
schools for reporting the enrollment data.
f. Such other reports or data as required by the contract provisions.
VIII. DEFINITIONS
" Eligible lndian Child" means an individual 114 or more degree of lndian blood a; ld a
member of a tribe, band or other organized group of Indians, including Alaska Natives,
which is recognized by the Secretary of Interior as being eligible for Bureau of lndian
Affairs services.
" Residence" means the residence of an lndian child is to be interpreted by districts in the
same way that residence is generally interpreted for non- l ndian children attending a public
school under the same circumstances.
" Johnson- OrMalley Act" means the Act of April 16, 1934 ( 48 Stat. 596) as amended by
the Act of June 4, 1936 ( 49 Stat, 1458, 25 U. S. C. 452- 456).
" Secretary" means the Secretary of the Interior.
" Commissioner" means the Commissioner, Bureau of lndian Affairs.
" Area Director" means the administrative officer in charge of a Bureau of lndian Affairs
Area Office.
" State" means a State of the United States of America or any political subdivision thereof.
" School District" means the local unit of school administration as defined by the laws of
the State in which it is located.
" lndian Corporation" means an lndian controlled corporation chartered under State law,
Federal law, or under Tribal authority.
" lndian ducat ion Committee" means a group composed of and selected by lndian parents
pursuant to the provisions of this plan.
" Educational Plan" means a comprehensive plan for the programmatic and fiscal services of
and accountability by a contractor for the education of eligible lndian students.
" Supplemental Programs" means those programs which are designed to meet the special
needs of lndian students that may result from the socio- economic conditions of the
parents, or from cultural and language differences, or other factors. Funds for such
programs shall supplement, and not supplant, funds received from any other source.
" Operation Expenditures" means those expenditures made in support of basic school
operational costs in order to meet educational standards established by'the State.
" Supplies" means those nonequipment items of tangible personal property which are
consumed in use or which may not reasonably be expected to last longer than one year.
IX. CERTIFICATION
In witneks whereof, the State of Arizona, State Board of Education, and the Bureau of
Indian Affairs, having mutually agreed to the intents and provisions of the Arizona
Johnson- O'Malley State Educational Plan have hereunto set their hands and seals of
approval.
3 of Arizona: Bureau of Indian Affairs:
P
' DEI te : 7/~/ 7r
ssociatid ( JO
APPLICATION FOR JOHNSON- O'MALLEY PARTICIPATION
1975- 1 976
STATE OF ARIZONA
ARIZONA DEPARTMENT OF EDUCATION
DIVISION OF INDIAN EDUCATION
I. Authority:
A. R. S. 9 15- 1161.
A. The state board of education may enter into contracts with the Department of the
lnterior for the welfare and education of Indians in public schools or the state, in accordance
with the Act of Congress approved April 16, 1934, as amended by the Act of June 4, 1936. The
board shall administer the expenditure of federal funds provided under such contracts.
B. No contract as provided for in subsection A shall be binding on the school district
affected until it is approved by the district board of trustees.
Arizona Johnson- O'Malley State Educational Plan ( VII, 1, 2)
All eligible public school districts or Indian tribes shall submit an application to participate
in the Johnson- OfMalley program as provided by this plan and subject to available funds for
supplementary andlor operational programs.
I I. Approval :
The board of education/ trustees of
( School District)
does hereby execute this application to participate in the Arizona Johnson- O'Malley Program for
the 1975- 1976, school year, subject to funds being made available for this purpose. Said
execution does further approve the above- mentioned Arizona Johnson- OIMalley State
Educational Plan and authorizes the Arizona State Board of Education to enter into a contract
with the U. S. Department of the lnterior pursuant to A. R. S. 9 15- 1161. A incorporating the
provisions of that plan which authorization constitutes the approval of such contract( s) required
by A. R. S. 5 15- 1 161. B.
is hereby authorized to represent the
district and receive funds under this program.
The forgoing action was taken at a legally convened meeting of the Board and found in the
minutes ( in accordance with A. R. S. 3 15- 1 161 . B).
( Date)
Clerk of Board Date
Certified by:
Chairman, Indian Education Committee Date
( Please send one completed application to Mr. Terrance F. Leonard, Director, Division of Indian
Education, Arizona Department of Education, 1535 West Jefferson Street, Phoenix, AZ 85007.)
THE JOHNSON- O'MALLEY ACT ( 1934)
P. L. 73- 167 Act of April 16, 1934
\
" Be it enacted by the Senate and House of Representatives of the United States of America
in Congress assembled, that the Secretary of the lnterior is hereby authorized, in his discretion,
to enter into a contract or contracts with any state or territory having legal authority so to do,
for the education, medical attention, agricultural assistance, and social welfare, including relief of
distress, of lndians in such state or territory, through the qualified agencies of such state or
territory, and to expend under such contract or contracts monies appropriated by Congress for
the education, medical attention, agricultural assistance, and social welfare, including relief of
distress, of lndians in such state.
Section 2
That the Secretary of the Interior, in making any contract herein authorized with any state
or territory, may permit existing school buildings, hospitals, and other facilities, and - all
equipment therein or appertaining thereto, including livestock and other personal property
owned by the government, under such terms and corlditions as may be agreed upon for their use
and maintenance.
Section 3
That the Secretary of the lnterior is hereby authorized to perform any and all acts and to
make such rules and regulations, including minimum standards of service, as may be necessary
and proper for the purpose of carrying the provisions of this act into effect: provided, that such
minimum standards of service are not less than the highest maintained by the states or territories
with which said contract or contracts, as herein provided, are executed."
P. L. 74- 638 Act of June 4, 1936 ( Amendment to the Johnson- O'Malley Act)
" That the Secretary of the lnterior be, and hereby is, authorized, in his discretion to enter
into a contract or contracts with any state or territory, or political subdivision thereof, or with
any state university, college, or school, or with any appropriate state or private corporation,
agency, or institution, for the education, medical attention, agricultural assistance, and social
welfare, including relief of distress, of lndians in such state or territory, through the agencies of
the state or territory or of the corporations and organizations herein- before named and to
expend under such contract or contracts, monies appropriated by Congress for the education,
medical attention, agricultural assistance, and social welfare, including relief of distress, of
lndians in such state or territory."
JOHNSON- O'MALLEY REGULATIONS
Effective September 20, 1974
Title 25- Indians Sec.
33.1 Definitions.
CHAPTER I- BUREAU OF INDIAN AFFAIRS, 33.2 Contract eligibility.
DEPARTMENT OF THE INTERIOR 33.3 Parental participation and control.
33.4 General requirements for contracts.
Subchapter E- Education 33.5 State school laws.
33.6 Use and transfer of Federal property.
PART 33- FINANCIAL ASSISTANCE
TO MEET SPECIAL EDUCATIONAL AUTHORITY: Sec. 3, 48 Stat. 596, as amended;
NEEDS OF INDIAN CHILDREN ( 25 U. S. C. 452- 4561, unless otherwise noted.
August 16, 1974.
This notice is published in exercise of rulemaking
authority delegated by the Secretary of the lnterior to
the Commissioner of lndian Affairs by 230 DM 2
( 32 FR 13938). The authority to issue regulations is
vested in the Secretary of the lnterior by 5 U. S. C. 301
and sections 463 and 465 of the Revised Statutes
( 25 U. S. C. 2and 9).
Beginning on page 1776 of the January 14, 1974,
FEDERAL REGISTER ( 39 FR 1776), there was
published a notice of proposed rulemaking to revise
Part 33 of Subchapter E, Chapter I, Title 25 of the
Code of Federal Regulations. The revision was proposed
pursuant to the a'uthority contained in the Act of
April 16, 1934 ( 48 Stat. 596), as amended by the Act
of June 4, 1936 ( 49 Stat. 1458, 25 U. S. C. 452- 456).
The purpose of this revision is to clarify the rules
governing disposition of financial assistance to meet the
special needs of eligible lndian children and to define the
role of lndian parental participation and control in the
development of supplemental education programs for
lndian children funded under the authority of the
Johnson- O'Malley Act, cited above. In addition, this
revision will require the participation and control by
lndian parents, will delineate specific areas of
accountability, and will provide audit and monitoring
procedures so that contract funds negotiated under this
part can most effectively be used for supplemental
programs to enhance the educational opportunities and
achievements of the lndian children who are the
intended beneficiaries of these funds.
Interested persons were given 30 days in which to
submit written comments, suggestions, or objections
regarding the proposed revision.
During this period comments, suggestions, and
objections were submitted by interested persons. Careful
consideration was given to the comments received and
certain revisions were made as a result of them.
Part 33 of Subchapter E, Chapter I, Title 25 of the
Code of Federal Regulations is revised to read as
follows:
5 33.1 Definitions.
As used in this part, the term-
( a) " Johnson- O'Malley Act" means the Act of
April 16, 1934 ( 48 Stat. 5961, as amended by the Act
of June 4, 1936 ( 49 Stat. 1458, 25 U. S. C. 452- 456).
( b) " Secretary" means the Secretary of the Interior.
( c) " Commissioner" means the Commissioner,
Bureau of lndian Affairs.
( d) " Area Director" means the administrative officer
in charge of a Bureau of lndian Affairs Area Office.
( e) " State" means a State of the United States of
America or any political subdivision thereof.
( f) " School District" means the local unit of school
administration as defined by the laws of the State in
which it is located.
( g) " lndian" means an individual of ' h or more
degree of lndian blood and a member of a tribe, band, or
other organized group of Indians, including Alaska
Natives, which is recognized by the Secretary of the
lnterior as being eligible for Bureau of lndian Affairs
services.
( h) " lndian corporation" means an lndian controlled
corporation chartered under State law, Federal law, or
under Tribal authority.
( i) " lndian Education Committee" means a group
selected by lndian parents pursuant to the provisions of
this Dart.
( j) " Educational plan" means a comprehensive plan
for the programmatic and fiscal services of and
accountability by a contractor for the education of
eligible lndian students under this Part.
( k) " Supplemental programs" means those programs
which are designed to meet the special needs of lndian
students that may result from the socio- economic
conditions of the parents, or from cultural and language
differences, or other factors. Funds for such programs
shall supplement, and not supplant, funds received from
any other source.
( I ) " 0 perational expenditures" means those
expenditures made in support of basic school
operational costs in order to meet educational standards per pupil must be at least eatrai : n + 5 '- at. vprage, and
established by the State. ( iv) That there exlsts a t 71 . t 3 ..> s r n f ~ ; e ltglble
lndian enrollment w~ thint hr srL7? 1 r. c;- ci or w ~ t h ~ n
8 33.2 Contract eligibility. any particular school served.
( a) Contracts may be entered into under the
provisions of the Johnson- O'Malley Act with a State,
school district, or lndian corporation for the education
of lndian children from early childhood through
grade 12.
( b) Monies shall be expended under contract only for
the benefit of lndian students who are recognized by the
Secretary as being eligible for Bureau of lndian Affairs
services because of their status as Indians. Nothing in
these regulations shall prevent the Commissioner from
contracting with lndian corporations who will expend all
or part of the funds in places other than the public or
private schools in the community affected.
( c) The contracts may authorize payments for
educational programs and services in two major
categories:
( 1) For supplemental programs. All funds for
supplemental programs under this part shall be
distributed annually among the States and among
contractors within each State on an equitable basis.
( i) All funds for supplemental programs shall be
apportioned among the States on a substantially equal
basis, based upon the number of eligible students for
whom funds are sought, with allowance being made for
the actual cost of delivering educational services in each
State. For the purpose of determining the actual cost of
delivering educational services in each State, the
Commissioner shall refer to the average State- wide per
pupil expenditure.
( ii) Funds for supplemental programs shall be
distributed among the contractors within each State so
that each contractor will receive approximately the same
amount for each eligible lndian student to be served
under the contract. T- h e Commissioner _ may make <__.." exceptions based upon the speGal cultural, l i n g u x ,
sTciarb and educational needs of the communities
involved.
( 2) Tor operational expenditures. All funds for
operational expenditures shall be used to meet
educational standards established by the State and only
if provided for in the educational plan required by
5 33.4( a) and only under extraordinary or exceptional
circumstances. The contract may authorize operational
expenditures only when the school district establishes all
of the following:
( i) That it cannot satisfy the applicable minimum
State standards in the absence of such funds;
( ii) That it has made a reasonable tax effort, with a
mill levy in support of educational programs at least
equal to the State average;
( iii) That it has fully utilized all other sources of
financial aid, including all forms of State aid,
Pub. L. 874 payments, etc. The state aid contribution
Funds authorized under this owt ?!-: ::; ip;> Iement, and
not supplant, State and loca! f:.- l- E.> , c1- c ontract shall
require that the use of thpc" lcc? s v ~ i l nlo : result in a
decrease in State, local or " ~ ~-' " - ~ f t f - ' , $.+ brh * q the
absence of funds under + . . J ?;. r' :.;,, : : - , made
available for lndian children. In no Instance cnali these
funds be used as payment for capital outlay or debt
retirement expenses.
( d) Equal educational opportunities. ( 1) Contracts
shall specify that State school districts receiving funds
under the provisions of this Part shall provide
educational opportunities to all lndian children within
that school district on the same terms and under the
same conditions that apply to all other students. School
districts receiving funds under this Part must insure that
lndian children receive all aid from the State, and other
proper sources other than this contract, which other
schools in the district and other school districts similarly
situated in the State are entitled to receive. In no
instance shall there be discrimination against Indians or
schools enrolling such Indians. ( 2) When informed by a
complaint or through its own discovery that possible
violations of Title VI of the Civil Rights Act of 1964
exists within a State school district receiving
Johnson- O'Malley aid, the Department of the lnterior
shall, in accordance with Federal requirem~ nts, notify
the Department of Health, Education, and Welfare, of
the possible violation of Title VI and, pursuant to
Memoranda of Understanding between the Secretary of
the lnterior and the Secretary of the Department of
Health, Education, and Welfare, conduct an investigation
into the matters alleged. If the report of investigation
conducted by the Department of Health, Education, and
Welfare discloses a failure or threatened failure to
comply with this Part, and if the noncompliance or
threatened noncompliance cannot be corrected by
informal means, compliance with this Part may be
effected by the suspension or termination of or refusal
to contract or to continue financial assistance under the
Johnson- O'Malley Act or by any other means authorized
by law. As delineated in 43 CFR 17.1, 17.8 and 17.9,
such other means may include reference to the
Department of Justice with a recommendation that
appropriate legal proceedings be brought by the United
States to secure compliance or by formal hearing before
the head of the Bureau or office administering the
Federal financial assistance, or at his discretion, before
an administrative law judge designated in accordance
with section 11 of the Administrative Procedure Act.
The Secretary, may, by agreement with one or more
other Federal departments, provide for the conduct of
consolidated or joint hearings as prescribed in
43 CFR 17.8( e).
533.3 Parental participation and control.
( a) The Commissioner shall require maximum
participation and control by the lndian parents in the
community affected in the approval and implementation
of programs under this Part. Contracts shall provide that
this participation and control shall include, but shall not
be limited to, the provisions of this section. In the case
of contracts with lndian corporations, all provisions of
this Part relating to lndian Education Committees shall
be required.
( b) Each contractor having a contract under this Part
shall work with the lndian Education Committee
established for each school community involved
pursuant to paragraph ( c) of this section. Each
contractor may, subject to the terms prescribed in i t s
contract, make available part of i t s contract funds for
conducting elections of lndian Education Committees;
for attendance of members of lndian Education
Committees at State- wide meetings, workshops, and
training; and for other reasonable expenses incurred by
an lndian Education Committee in relation to i t s
primary duties, including the planning, development,
evaluation and monitoring of programs and services
funded under the Johnson- O'Malley Act.
( c) All lndian Education Committees shall be
nominated, selected, and serve by procedures
determined by the lndian community affected. Each
Committee shall file a copy of i t s organizational papers
and by- laws with the Area Director together with a list
of its officers and members, Selection of members shall
not limit the continuing participation of the lndian
community in the operation and evaluation of the
program.
( d) Each lndian Education Committee shall have full
veto power over all supplemental programs and over all
expenditures of funds for supplemental programs. In
addition, each lndian Education Committee may at its
option:
( 1) Make an intitial, annual assessment of the
learning needs of lndian children in the community
affected;
( 2) Participate in negotiations concerning all
contracts under this part;
( 3) Participate in the planning, development,
evaluation, and monitoring of all programs funded under
this part;
( 4) Hear complaints by lndian students and their
parents;
( 5) Meet regularly with the professional staff serving
lndian children and with the local educational agency;
( 6) Hold Committee meetings on a regular basis
which are open to the public;
( 7) Have full access to all records maintained by the
school concerning all students served by the program;
( 8) Establish rules for conducting i t s meetings; and
( 9) Have such additional powers as are consistent
with these regulations.
3 33.4 General requirements for contracts.
( a) Educational plan. To become eligible for
negotiating a contract, a prospective contractor and its
lndian Education Committee( s) must formulate an
educational plan annually and submit it to thc
appropriate Area Director as part of the proposal to
contract. Such plan shall become a part of any contract
awarded.
( b ) B u d g e t e s t i m a t e s and financial
information. Each contractor must submit to the Area
Director such budget information as is necessary to
determine program costs to contract for services. If
contracts are to be negotiated for operational
expenditures, a school district shall prove financial need
based on the standards set out in $ 33.2( c) ( 2). This
information shall include records of receipt of local,
State and Federal funds. If a contractor requests
supplemental expense funds for special need programs, it
shall specify by line item in each school district's
program for which funds from this program are to be
expended. When supplemental funds are sought, full
information on such programs funded from other
supplemental sources shall be furnished as evidence that
there is no duplication of funding or supplanting. In
every case where a contract is awarded for operational
expenditure, formal written determination and findings
supporting the need for such funds shall be made by the
Area Director and incorporated into the contract.
( c) Reporting. Information shall be furnished in the
educational plan by the contractor as to the type of
expenditure for which reimbursement may be sought
under the terms of the contract. Each school district or
lndian corporation having a sub- contract shall report
expenditures by line item. An adequate fiscal accounting
system shall be required and maintained that enables
identification and annual audit of expenditures of funds
for services contracted under this section.
( d) Educational standards. The educational plan
shall provide that the established State standards must
be maintained for operation of programs and services
approved under this part.
( e) Staff. In educational plans where supplemental
programs are requested, a provision shall be included
that preference for the selection of personnel shall be
given to Indians.
( f) Inspection of programs. Records of contractors
and subcontractors receiving funds shall be open to
inspection for purposes of program and fiscal audit by
duly- accredited representatives of the Federal
government and the lndian Education Committee. The
contractor receiving funds from the Area Director shall
be primarily responsible for contract compliance, and in
any instance deemed necessary, the Area Director shall
assist the contractor in securing necessary
documentation of expenditures from the subcontractor.
The contractor shall furnish the Area Director with a
detailed annual report for the previous school year, due
before September 15 each year, which shall contain an
evaluation of the effectiveness of the contract program.
The Area Director shall also audit program effectiveness
and the financial expenditures for each year such
contract during the contract year. The records involved
in any claim or expenditure that has been questioned
shall be further maintained until final determination has
been made on the questioned expenditures by the
Commissioner, who shall have the authority to
determine the propriety of such expenditures. All
schools affected by any contract pursuant to this Part
shall provide members of the lndian Education
Committee with full access to all records concerning all
students served by the program.
( g) Parental participation. Each educational plan
shall include provisions that the contractor shall comply
in full with the requirements concerning parental
participation and control as set forth in § 33.3.
( h) Visits and consultations. The educational plan
shall provide that educational facilities receiving such
funds as subcontractors shall be open to visits and
consultations by duly- accredited representatives of the
Federal government, by lndian parents in the
community, by members of the lndian Education
Committee, and by tribal representatives.
( i) Inspection of documents. Copies of all contracts,
records, reports, budgets, budget estimates, plans and
other documents pertaining to preceding and current
year administration of the contract program shall be
made available by the contractor to each member of the
lndian Education Committee. Such documents shall be
made available, upo'n request, to members of the public
by contractors and local school officials for inspection.
The contractor or local school officials shall provide,
free of charge, single copies of such documents upon
request.
5 33.5 State school laws.
State employees, in those States where Publ. L. 280,
28 U. S. C. 1360 and 25 U. S. C. 131 1 do not confer civil
jurisdiction, may be permitted to enter upon lndian
tribal lands, reservations, or allotments if the
duly- constituted governing body of the tribe adopts a
resolution of consent, for the purposes of: ( a) Inspecting
school conditions in the public schools located thereon;
and ( b) enforcing State compllsory school attendance
laws against lndian children, parents, or surrogate
parents.
5 33.6 Use and transfer of Federal property.
( a) When nonexpendable Government property is
turned over to public school authorities under a use
permit, the permittee shall insure such property against
damage by fire, rain, windstorm, vandalism, snow, and
tornado in amounts and with companies qtisfactory to
the Federal officer in charge of the property. In case of
damage or destruction of such property by fire, rain,
windstorm, vandalism, snow or tornado, the insurance
money collected shall be expended only for repair or
replacement of property. Otherwise, insurance prweeds
shall be remitted to the Bureau of Indian Affairs.
( b) If the public school authority is self~ insureda nd
can present evidence of suqh fact to the Area Director,
insurance for lost or damaged property will ngt be
required, provided however that the public scho~ l
authority will be responsible for replacement of such
lost or damaged property at no cost to the Government
or for remitting funds to the G~ vernment sufficient for
replacement of the property.
( c) The permittee shall maintain the property in a
reasonable state of repair consistent with the intended
use and educational purposes.
Effective date. This revision of Part 33 shall become
effective September 20, 1974.
RAYMOND V. BUTLER,
Acting Deputy Commissioner of Indian 4 ffairs.
[ FR DOC. 74.19313 Filed 8- 20- 74; 8145 am]
FEDERAL REGISTER, VOL. 39, NO. 163- WEDNES-DAY,
AUGUST 21, 1974
The use of Federally- owned facilities for public
school purposes may be authorized when not needed for
Federal activities. Transfer of title to such facilities may
be arranged under the provisions of the Act of June 4,
1953 ( 67 Stat. 41 1.
ARIZONA JOHNSON- O'MALLEY PROGRAM
APPLICABLE REGULATIONS - CONTRACTS
Title 25- Indians
CHAPTER I- BUREAU OF INDIAN AFFAIRS
DEPARTMENT OF THE INTERIOR
Subchapter E- Education
PART 35- STUDENT RIGHTS AND DUE PROCESS
PROCEDURES
Effective October 11, 1974
MORRIS THOMPSON
Commissioner of Indian Affairs.
Sec .
35.1 Purpose.
35.2 Application to Bureau schools.
35.3 Rights of the individual student.
35.4 Due process.
35.5 Application to schools under Bureau contract.
AUTHORITY: 5 U. S. C. sec. 301.
8 35.1 Purpose.
The regulations in this part govern establishing
programs of student rights and due process procedures in
Bureau of lndian Affairs schools and in schools that are
operating under contract with the Bureau of lndian
Affairs.
8 35.2 Application to Bureau schools.
All Bureau of lndian Affairs schools shall be governed
by the regulations set forth in this part and said
regulations shall be expressly included as a part of the
local school regulations of each Bureau of lndian Affairs
school. Upon admission, all students of Bureau of Indian
Affairs schools shall be given a copy of the school
regulations governing the conduct of students and shall
be notified of any amendments thereto.
8 35.3 Rights of the individual student.
Individual students at Bureau of lndian Affairs
schools have, and shall be accorded, the following rights:
( a) The right to an education.
( b) The right to be free from unreasonable search
and seizure of their person and property, to a reasonable
degree of privacy, and to a safe and secure environment.
( c) The right to make his or her own decisions where
applicable.
( d) The right to freedom of religion and culture.
( e) The right to freedom of speech and expression,
including symbolic expression, such as display of
buttons, posters, choice of dress, and length of hair, so
long as the symbolic expression does not unreasonably
and in fact disrupt the educational process or endanger
the health and safety of the student or others.
( f) The right to freedom of the press, except where
material in student publications is libelous, slanderous,
or obscene.
( g) The right to peaceably assembly and to petition
the redress of grievances.
( h) The right to freedom from discrimination.
( i) The right to due process. Every student is entitled
to due process in every instance of disciplinary action
for alleged violation of school regulations for which the
student may be subjected to penalties of suspension,
expulsion, or transfer.
8 35.4 Due process.
Due process shall include:
( a) Written notice of charges within a reasonable
time prior to a hearing. Notice of the charges shall
include reference to the regulation allegedly violated, the
facts alleged to constitute the violation, and notice of
access to all statements of persons relating to the charge
and to those parts of the student's school record which
will be considered in rendering a disciplinary decision.
( b) A fair and impartial hearing prior to the
imposition of disciplinary action absent the actual
existence of an emergency situation seriously and
immediately endangering the health or safety of the
student or others. In an emergency situation the official
may impose disciplinary action not to exceed a
temporary suspension, but shall immediately thereafter
report in writing the facts ( not conclusions) giving rise to
the emergency and shall afford the student a hearing
which fully comports with due process, as set forth
herein, as soon as practicable thereafter.
( c) The right to have present at the hearing the
student's parent( s) or guardian( s) ( or their designee) and
to be represented by lay or legal counsel of the student's
choice. Private attorney's fees are to be borne by the
student.
( d) The right to produce, and have produced,
witnesses on the student's behalf and to confront and
examine all witnesses.
( e) The right to a record of hearings of disciplinary
actions, including written findings of fact and
conclusions in all cases of disciplinary action.
( f) The right to administrative review and appeal.
( g) The student shall not be compelled to testify
against himself.
( h) The right to have allegations of misconduct and
information pertaining thereto expunged from the
student's school record in the event the student is found
not guilty of the charges.
8 35.5 Application to schools under Bureau contract.
Non- Bureau of lndian Affairs schools which are
funded under contract with the Bureau of lndian Affairs
must also recognize these students rights.
[ FR Doc. 74- 20991 Filed 9- 10- 74; 8: 45 am1
FEDERAL REGISTER, VOL. 39, NO. 177- WEDNES-DAY,
SEPTEMBER 11, 1974.
A. R. S. TITLE 11: COUNTIES
ARTICLE 3: JOINT EXERCISE OF POWERS
5 1 1- 951. Definitions
For the purposes of this article, the term " public agency" shall include the federal
government or any federal department or agency, Indian tribal council, the state, all
departments, agencies, boards and commissions of the state, counties, school districts, cities,
towns, all municipal corporations, and any other political subdivisions of the state or an
adjoining state. Added Laws 1968, Ch. 94, 5 2.
Reviser's Note:
Laws 1968, Ch. 94, 3 1 provided that: " The purpose of this article is to permit public
agencies, if authorized by their legislative or governing body, to enter into agreements for the
joint exercise of any power common to the contracting parties as to governmental functions
necessary to the public health, safety and welfare, and the proprietary functions of such public
agencies. This article does not intend and shall not be construed to authorize the consolidation
of public jurisdictions nor to authorized local governing bodies to delegate or contract away their
legislative or governmental authority to other governmental jurisdictions."
Law Review Commentaries:
Sovereign immunity for tribal businesses. 13 Ariz. Law Rev. 523 ( 1971 ).
5 11- 952. Intergovernmental Agreements and Contracts
A. If authorized' by their legislative or other governing bodies, two or more public
agencies by direct contract or agreement may contract for services, or jointly exercise any
powers common to the contracting parties and may enter into agreements with one another for
joint or cooperative action, except that if two or more school districts arrange to become
contracting parties under the terms of this section, such contract shall first be approved by the
state board of education.
B. Any such contract or agreement shall specify the following:
1. Its duration.
2. Its purpose or purposes.
3. The manner of financing the joint or cooperative undertaking and of establishing and
maintaining a budget therefore.
4. The permissible method or methods to be employed in accomplishing the partial or
complete termination of the agreement and for disposing of property upon such partial or
complete termination.
5. Any other necessary and proper matters.
C. No agreement made pursuant to this article shall relieve any public agency of any
obligation or responsibility imposed upon it by law.
D. Every agreement or contract involving any public agency, board or commission thereof,
made hereunder shall, prior to and as a condition precedent to its execution, be submitted to the
attorney general who shall determine whether the said agreement is in proper form and is within
the powers and authority granted under the laws of this state.
E. Any agreement or contract made pursuant to this article shall be filed with the
secretary of state at least ten days prior to i t s effective date. The secretary of state shall prepare
a cross index of the names of all public agencies who execute and file an agreement under this
section.
F. Appropriate action by ordinance, resolution or otherwise pursuant to the laws
applicable to the governing bodies of the participating agencies approving the agreement or
contract shall be necessary before any such agreement or contract may be filed or become
effective. Added Laws 1968, Ch. 94, 9 2.
Cross References:
Budget six percent limit, see 5 15- 1017.
1. In general
To extent that personnel services are rendered to department of health by virtue of its
statutory obligations to local and district health dspartme~ t, no agreement would be necessary
between personnel commission and local health department; and agreement would be appropriate
if the services went beyond statutory duties of department of health. Op. Atty. Gen.
NO. 68- 1 9- L.
5 11- 953. Appropriations
Any public agency entering into an agreement or contract pursuant to this article may
appropriate funds and may sell, lease, give or otherwise supply for the benefit of the joint or
cooperative undertaking such services or personnel as may be within its legal power to furnish.
Added Laws 1968, Ch. 94, 5 2.
5 11- 954. Limitation of Powers
Except for the right of joint exercise ~ f powers granted in this article, the provisions of this
article shall be cumulative and supplemental and nothing contained in this article shall be so
construed as to, authorize any public agency to exercise any power or engage in any business or
enterprise that such public agency is not authori~ ed to exercise or engage in pursuant to other
provisions of law. Added Laws 1968, Ch. 94, 8 2.
A. R. S. TITLE 15: EDUCATION
CHAPTER 11
ARTICLE 3: FEDERAL GRANTS FOR EDUCATIONAL PURPOSES
5 15- 1 141. Federal Grants for Educational Purposes; Administration
A. The state board of education may accept on behalf of the state monies appropriated
by act of Congress for defense in educat~ on, reduction of illiteracy, teaching of lmmlgrants or
other educational purposes.
B. The state board of education, following regular educational fiscal oror- ic- e for
counties, shall be the chief educational authority for administration and supervision of the
expenditure of federal appropriations described in subsection A and the state treasurer shall be
trustee thereof.
5 15- 1 142. Apportionment and Expenditure
A. The state board of education shall apportion the monies described in 3 15- 1141 for
the aid of the common and high school districts of the state, to supplement monies otherwise
provided therefor.
B. Monies so apportioned shall be expended by the common and high school districts for
the purposes and in the manner set forth in the federal grant. In the absence of federal
regulation the state board of education shall determine the purposes and methods of expenditure
in accordance with 5 15- 1 141. The state board of education may, with the approval of the
board of supervisors, authorize expenditure of monies received pursuant to this article in excess
of the annual budgets of common and high school districts.
5 15- 1 143. Application by School District for Apportionment; Hearing
A. A common or high school district which, by reason of an emergency, finds it necessary
to expend monies in excess of i t s annual budget for any purpose set forth in 5 15- 1 141 may
apply to the state board of education for an apportionment from federal funds available under
the provisions of this article.
B. The board shall conduct a hearing and an investigation concerning the application. If
the hearing and investigation disclose that the district needs additional funds for the proper
conduct of its school, the board may, in its discretion, apportion such monies as it deems
necessary to the district.
8 15- 1 144. Disbursement of Apportioned Funds
When money is apportioned to a common or high school district pursuant to this article,
the state board of education shall direct the commissioner of finance to draw his warrant for the
amount apportioned, and the state treasurer shall pay the warrant upon presentation, as provided
by law. The school district shall immediately deposit the money with the county treasurer of the
county in which the district is located and the treasurer shall place it in the appropriate fund to
the credit of the district. Thereafter the monies shall be disbursed by the county treasurer only
on the voucher of the district and the warrant of the county school superintendent. As amended,
Laws 1970, Ch. 190.
FJ 15- 1 145. Unlawful Expenditure
If a common or high school district expends or attempts to expend monies received
pursuant to this article in a manner other than as directed by the state board of education or as
provided by the federal grant, the state board of education shall immediately deliver to the
county treasurer of the county in which such district is located written notice directing him to
refuse to pay further warrants drawn against monies so provided in the fund prescribed in
FJ 15- 1 144. Copies of the notice shall be served upon the board of trustees of the school district
and the county school superintendent. No further expenditures shall be apportioned or paid to
the district until it has complied with the federal regulations and directions of the state board of
education. Upon compliance to the satisfaction of the state board of education, the board shall
deliver written notice to the county treasurer and the county school superintendent and
thereafter the monies may be expended as provided in this article.
A. R. S. TITLE 15: EDUCATION
CHAPTER 11
ARTICLE 4: EDUCATION OF INDIANS IN STATE SCHOOLS
§ 15- 1 161. Education of Indians in State Schools; Contracts with Department of Interior
A. The state board of education may enter into contracts with the department of the
interior for the welfare and education of lndians in public schools of the state, in accordance
with the act of congress approved April 16, 1934, as amended by the act of June 4, 1936. The
board shall administer the expenditure of federal funds provided under such contracts.
B. No contract as provided for in subsection A shall be binding on the school district
affected until it is approved by the district board of trustees.
CONSTITUTION AND BY LAWS
OF THE
ARIZONA INDIAN EDUCATION ASSOCIATION
STATE OF ARIZONA
PREAMBLE
We, the Arizona Indian Education Association in the State of Arizona,
in order to promote the interests of all Education in Arizona and its student
body, to insure the availability and quality of all Educational Programs
offered to the students, to maintain the integrity of Arizona Indian
Education, to use as a guide in Education for American Indians, to provide
an environment to meet the needs of the students for development as
wholesome individuals; to assure competent staff is employed, who shall be
responsive to the students' needs and to carry out the purposes of this
organization do ordain and establish this Constitution and Bylaws.
CONSTITUTION AND BYLAWS
OF THE
ARIZONA INDIAN EDUCATION ASSOCIATION
STATE OF ARIZONA
ARTICLE I. NAME
The Arizona lndian Education Association is hereby established as an organization within
the State Department of Education, whose principal address will be Division of lndian
Education, Arizona Department of Education, 1535 West Jefferson Street, Phoenix,
Arizona 85007.
ARTICLE II. PURPOSE
The purpose of the Arizona lndian Education Association is to promote the development of
quality education for all lndian children, education which fosters individual achievement and
academic excellence, and insures equality of treatment and services for all lndian children.
ARTICLE Ill. GOALS AND OBJECTIVES
The goals and objectives of the Arizona lndian Education Association will be the following:
1. To assure greater uniformity and cooperation among all school districts of the State of
Arizona, the Arizona State Board of Education, the Bureau of lndian Affairs, and each lndian
Tribe within the State of Arizona.
2. To provide leadership and motivation to the Arizona lndian Tribes, lndian parents and
students, and the Arizona public schools in all areas of lndian Education.
3. To provide advice, consultation, and educational guidance to all concerned on the
educational needs of lndian children.
The above goals and objectives will be applicable to all educational programs which affect
the educational prosperity of all lndian children, including ( a) Johnson- O'Malley Program;
( b) lndian Education Act Program; ( c) Bilingual/ Bicultural Program; and ( dl any other
educational program for lndian children.
ARTICLE IV. AUTHORITY
The legal framework for establishment of the Arizona lndian Education Association is
vested in the:
1. Arizona Revised Statutes ( A. R. S.), Title 15, Education 15- 102.4.
2. Policies- State Board of Education.
3. Arizona Johnson- O'Malley Educational Plan.
4. 62 IAM 3.2.1 1 ( 3. Public School Contracts- 2. Negotiations and Execution of
Contracts-. I I Federal and State cooperation).
5. B I A manual 20- 6. 1- 6.12 ( Educational Service Through Indian Organizations).
ARTICLE V. MEMBERSHIP
Section 1. Membership and Term of Office. The Arizona lnd~ an Educat~ on Association
shall consist of 18 members representing each of the eighteen ( 18) Tr~ bes In the State of
Arizona. Each member and alternate or members shall be elected or appo~ nted by the respective
Tribe to serve on the Association for a term of two years. Tlw tcwri5 o/ olllc (, drull hc rtaggcrcd
so that a proportionate number of members are elected on alternate years
Section 2. Vacancies. Any vacancy occurring other than by expiration of terms shall be
filled by the alternate for the unexpired term. Each participating Tribe will submit to the
Division of lndian Education a Tribal Resolution authorizing selected members to serve on the
Association.
Section 3. Standard for Selection of Members of the Association. The members of the
Association shall be elected or appointed on the basis of: ( 1) Their commitment to the interest
and welfare of lndian people; ( 2) their professional or personal experience in improving the
quality of lndian education; ( 3) their dedication to implementing effective, bold, and innovative
educational programs.
Any member or alternate shall assume all conducts and procedures in an ethical manner and
shall be further required to attend all Association meetings unless officially excused for reasons
of health or official duties affiliated with the representing tribe.
No member or alternate shall be compensated except in performance of official duties
authorized by the President or a majority of the members, provided that said compensation shall
be limited to travel and per diem or reimbursements for authorized expenses.
Section 4. Eligibility. Members selected to serve on the Arizona lndian Education
Association shall be a member of the Tribe he or she represents, but shall not be an elected
official of any office of the State of Arizona. Future members may be added to the Association
as necessary and beneficial to the needs of the lndian children, provided that each new member
is approved by the Association and the member tribes. Such approval shall require a two- thirds
( 213) majority vote.
t
Section 5. Election of Officers. Members of the Association at i t s organizational meeting in
July, by secret ballot, shall elect from i t s membership, a president, vice- president, and secretary.
These officers will serve for a one- year term. Vacancy in any office shall be filled by the
Association for the remainder of the term.
Section 6. Duties of the Officers.
a. The President shall preside at all meetings of the Association. He shall sign all legal
documents, deeds, contracts, and other instruments duly authorized by the Association. The
President may appoint or establish a committee to perform or accomplish tasks on behalf of the
Association.
b. The Vice- President shall perform the duties of the President in the event of his
absence. He shall perform such other functions as may be designated by the President or the
Association.
c. The Secretary shall call the roll, handle all official correspondence, keep minutes of all
regular and special meetings, and it shall be her duty to submit promptly to the Association
copies of all minutes. The Secretary shall also send out notification of the meetings.
ARTICLE VI. MEETINGS
Section 1. The Association shall meet on a quarterly basis beginning in July of the school
year or at such times as the President or a majority of the members call for a special meeting.
The regular meetings shall be held on the second Friday of the month, which falls on the
regularly scheduled quarterly meeting.
Section 2. Five ( 5) members of the Association shall constitute a quorum. A quorum shall
be necessary to conduct formal business. Each member shall have one vote on each motion. In
case of a tie vote, the President shall cast his vote to break the tie.
Section 3. All Association meetings shall be open to the public with the exception of duly
called Executive Sessions. The President or a majority of the members may call an Executive
Session which shall be limited to members of the Association wherein matters relating to
personnel issues or such other matters of a personal nature are discussed, provided that any such
Executive Sessions be in compliance with the State laws.
Section 4. When a member has unexcused absences for two consecutive regular meetings
other than with official excuse, the other members may declare the position vacant and shall
notify the ex- member by registered mail.
ARTICLE VII. OTHER DUTIES
The other duties of the Arizona Indian Education Association shall include, but not be
limited to, the following:
a. To provide recommendations to the Superintendent of Public Instruction.
b. To provide recommendations to the State Board of Education.
c. To provide recommendations to Tribal Councils.
d. To travel on behalf of the Association on official business to schools, conferences, and
workshops ( out- of- state travel is subject to availability of funds and approval of the
Director, Division of Indian Education).
ARTICLE VIII. AMENDMENT
The Bylaws and Constitution may be amended, altered, or repealed by the majority ( 213
majority) affirmation vote of the members. Any proposed amendment will be contained in a
written notice to each member and the President of the State Board of Education and mailed at
least 10 days prior to any meeting at which a change in these Bylaws is to be considered.
ARTICLE IX. CERTIFICATION
In witness whereof, the State of Arizona, State Board of Education, Arizona lndian
Education Association, and the Bureau of lndian Affairs having mutually agreed to the foregoing
Constitution and Bylaws; this Constitution and Bylaws was adopted by a vote 5 for and
0 against at a regular meeting of the Association Mav 27. 1975
( date)
Date ? ~ . / / 7 ~
Date / $, j4) 7~-
Superintendent
h
Date 7/ 2 ~ / ~ irector, Phoenix Area Office % I -
ureau of lndian Affairs
BASIC REQUIREMENTS FOR PUBLIC SCHOOLS
PRESCRIBED BY A. R. S. TITLE 15 and STATE BOARD OF EDUCATION POLICIES
I. ELEMENTARY SCHOOLS
RULE OF THE STATE BOARD OF EDUCATION REGARDING SUBJECT AREAS
Subjects to Be Taught Years Taught
Arithmetic
" Geography
" World History
+ / X I Arizona History & Constitution
w / ++ American History
+ / YI Civics ( U. S. Constitution)
""" Handwriting
** " Language
""" Reading ( including phonics)
""" Spelling
Literature
Health
Science
Music
"~ hese subjects may be combined into Social Studies.
"" These subjects are required by A. R. S. 5 15- 1021 to be taught at least one year in the
grammar school.
""" These subjects may be combined into Language Arts.
Kindergarten Subjects
The State Board of Education requires that each common school district having a
kindergarten program include three subjects out of the prescribed list of subjects to be
taught for common schools and that reading including phonics be one of the three
required. The kindergarten program shall be addressed to readiness for all subjects taught in
the primary grades.
Arizona and United States Constitutions
The State Board of Education, pursuant to A. R. S. 5 15- 1021, has adopted as a major goal
that every student in Arizona shall have the equal opportunity to understand the essentials,
sources, and history of the United States and Arizona constitutions and to understand the
principles and ideals of our American institutions.
Certificates of Promotion from the Eighth Grade
The State Board of Education realizes that because of physical and/ or mental deficiency
not every student in Arizona will be able to attain an eighth grade competency prior to
completion of common school, therefore the State Board of Education, pursuant to
A. R. S. 5 15- 546 A prescribes the following types of eighth grade certificates of
promotion:
1. Standard Certificate of Promotion
This certificate of promotion shall be issued to those students who attain at least a
sixth grade competency in reading, computational and written communicative skills,
as determined by the local district; and have satisfied a district determination of
competency on the Arizona and United States constitutions.
2. Special Education Certificate of Promotion
This certificate of promotion shall be issued to those students who have been
evaluated in accordance with A. R. S. $ 15- 1013 and determined to have a physical
andlor mental deficiency which prevents their attainment of a sixth grade
competency in reading, computational and written communicative skills, as
determined by the local district, and were unable to pass the constitutions
competency determination. Prior to the issuance of this special education certificate
the district superintendent or his designee shall certify that the certificate is being
issued for valid cause.
This policy becomes effective after January 1, 1976.
A. R. S. 5 15- 1212 C. 4 states: " Daily attendance means:
( a) For common schools, days in which a pupil:
( i) Of the kindergarten attends a minimum of one hundred twenty
minutes but such attendance shall be counted as one- half day's
attendance.
( ii) Of the first, second, or third grades attends a minimum of two
hundred forty minutes.
( iii) Of the fourth, fifth, or sixth grades attends a minimum of three
hundred minutes.
( iv) Of the seventh or eighth grades attends a minimum of three hundred
sixty minutes, including in each case recreational periods, and in
which a pupil regardless of grade is actually present during one or
both of the two sessions into which the school day is divided, but
attendance at one session only shall be counted as one- half day's
attendance."
Special Education
Mandated program by July 1, 1976.
I I . CRITERIA FOR STATE APPROVED SECONDARY SCHOOLS
Class I schools may be any secondary school ( public or private) offering a program through
the 12th grade and meeting the requirements for classification.
Tuba City High School
Kayenta High School
Alchesay High School
Class I I I is for elementary school districts offering high school subjects. Authorization from
the State Board of Education is necessary for an elementary district to offer high school
subjects. ( See Section I I)
Chinle Elementary District
Ganado Elementary District
Window Rock Elementary District
The School Day and Year
2.60 An approved high school shall organize i t s daily and weekly schedule on a pattern
that is most appropriate for its educational program.
2.61 The school year shall consist of a minimum of 175 actual teaching days with classes
in session.
2.62 A school day of at least six hours, exclusive of lunch time, shall be made available to
all students.
" For high schools, the attendance of a high school pupil shall not be
counted a full day unless such pupil is actually and physically in
attendance, enrolled in and carrying four subjects or the equivalent thereof
that count toward graduation as defined by the State Board of Education,
in a recognized high school, but attendance of a pupil carrying less than
the load prescribed shall be prorated."
3.20 Program of Studies. The State Board of Education has established minimum
requirements for high school graduation. These minimum requirements provide
students with the opportunity to become acquainted with, and to develop possible
interests and abilities in, each of several curricular fields. Approved schools should
plan their curriculum pattern so as to serve their own students and communities;
within the parameters of A. R. S. Title 15 and regulations as established by the State
Board of Education.
High school boards of education may establish requirements which exceed the State
Board of Education minimum requirements.
3.21 On October 22, 1973, the State Board of Education revised the minimum
requirements for high school graduation in Arizona. These minimum requirements
shall be 16 units and shall include:
a. Three units of English to include: grammar, speaking, writing, and reading
skills; advanced grammar; composition; American literature; advanced
composition; research methods and skills; literature.
b. One unit of American and Arizona history, including instruction in American
and Arizona institutions and ideals.
c. One unit in American and Arizona constitutions and government, including
instruction in the essentials, sources, and history of the constitutions of the
United States and Arizona.
d. One- half unit of " Essentials and Benefits of the Free Enterprise System." This
one- half unit may be offered in a department which the local school district
deems appropriate.
e. One unit of mathematics.
f. One unit of science.
g. Eight and one- half units of electives.
After 1974- 75, all high school students shall demonstrate ability to read at least at a
ninth grade level of proficiency as established by the local district, prior to
graduation effective after July 1, 1976.
3.30 Extent of Offerings. Each approved school ( except Class I I I) shall offer and teach
during the regular school year at least 24 units of course work. These units shall be
offered in grades nine through twelve in each school. The distribution of the 24
units shall include instruction in each of the following fields. ( On recommendation of
the State Committee on Accreditation, exceptions may be made in case of limited
purpose high schools upon written request of the superintendent or governing board.)
3.31 Language Arts. - four units ( e. g., English, speech and journalism- three units of
English required for graduation by the State Board of Education).
3.32 Science - three units ( one unit required for graduation by the State Board of
Education).
3.33 Mathematics - three units ( one unit required for graduation by the State Board of
Education).
3.34 Social Studies - one- half unit.
3.35 Foreign Language - at least two units of one foreign language.
3.36 Fine Arts - at least one unit in art and one unit in music. Instruction in unified
humanities courses, if they include content in music and art, may be substituted for
these areas.
3.37 Practical Arts - one unit ( e. g., business, industrial or vocational courses,
homemaking, agriculture).
3.38 Health and Physical Education - one unit.
3.39 American and Arizona History - one unit ( including instruction in American and
Arizona institutions and ideals).
3.40 State and Federal Constitutions - one unit, including instruction in the essentials,
sources, and history of the constitutions of Arizona and the United States.
3.41 Free Enterprise - one- half unit. This one- half unit of " Essentials and Benefits of the
Free Enterprise System" may be offered in a department which the local school
district deems appropriate.
It is highly recommended that driver's education be offered in all schools.
( Note: Any exceptions to above requirements must be approved by the State
Committee on Accreditation.)
Professional Staff
An approved school shall be staffed by teachers who meet the requirements of State
Certification ( except Class II schools), are actively encouraged by the school system to
improve their competencies, are involved in those areas of decision making affecting the
school program, and are teaching under conditions favorable to good morale.
Teachers
4.1 Valid Certificate. ( Class I I schools excepted.) All administrators, supervisors, and
teachers shall hold a valid certificate issued by the Arizona Department of Education.
A bulletin, " Rules and Regulations Governing the Certification of Teachers and
Administrators in Arizona," is available from the Department of Education.
4.2 General Education. All teachers shall have at least 45 semester hours of work in
general education well distributed over such fields as English, Arizona and United
States constitutions, United States history, mathematics, humanities, arts, languages,
science and social and behavioral sciences.
4.3 Professional Preparation. ( Part of certification, does not apply to Class II schools.)
All teachers shall have had student teaching or served an internship as part of an
approved teacher education program in an institution accredited by one of the six
regional accrediting associations and shall have satisfactorily completed course work
in such areas as the learning process, measurements, philosophy, psychology, social
foundations, and curriculum totaling at least 24 semester hours.
Staffing and Salaries
4.60 Pupil- Professional Staff Ratio. The ratio of pupils to teachers and other professional
staff members shall not exceed 27 to 1. Only that portion of a staff member's time
actually devoted to duties in the high school may be counted in determining the
pupil- teacher ratio. The number of teachers employed in the high school shall be
adequate to provide adequate instruction, direction of classroom activities,
counseling, and other educational services.
4.61 The Teaching Load. The teaching load shall be such that teachers have adequate
time to perform their duties effectively. Except in certain activity- type classes
previously mentioned, the total pupil load within a department shall not exceed an
average of 160 pupils per teacher per day. ( Exceptions to the provisions of this
criterion may be made where evidence is submitted to the State Committee on
Accreditation that teachers are regularly provided with clerical and/ or
paraprofessional help for nonteaching duties.)
4.62 Preparation Period. It is strongly recommended that each teacher be assigned at least
one period daily for conference and preparation.
4.63 Records. Official transcripts and other records for all professional staff members
shall be on file in the office of the principal.
4.64 Salaries. Professional school personnel shall be paid salaries adequate to permit a
standard of living appropriate for professional persons in the community in which
they are employed and which make possible continual professional improvements.
Salaries shall provide incentive for personnel to obtain advanced professional
preparation.
2.80 Superintendent - All approved schools shall employ a full- time superintendent.
Those independent or private schools not part of a school system shall employ a
full- time principal or headmaster.
2.81 Principal - High schools enrolling fewer than 250 students shall employ a principal
who devotes at least half of his time to the administration and supervision of the
high school. With an enrollment of 250 or more students, a full- time principal shall
be employed.
2.82 Assistant Principals - Schools are encouraged to employ an assistant principal or
experiment with various approaches to administrative staffing in order to permit the
principal to have sufficient time to engage in the more significant educational tasks.
6.2 The services of a qualified nurse should be available to coordinate an identification,
referral, and follow- up program for pupils with health problems.
6.7 Approved schools should provide qualified guidance workers at a ratio of at least one
counselor for each 450 students.
8.4 Media Program Expenditures. The instructional materials center shall provide an
adequate collection of printed materials and instructional aids to satisfy the needs of
students and teachers. The minimum expenditures for the instructional media
program should not be less than $ 500.00 annually. For schools enrolling more than
100 students, an additional $ 2.00 should be expended for each student over that
figure. To keep the staff abreast of current curricular trends and research findings,
the school system should make available a professional library for the faculty.
Extra- Classroom Activities
Each approved school shall maintain a diversified and balanced program of extra- classroom
activities designed to make a positive contribution to the educational development of the
students. Efforts shall be made to foster an appropriate intellectual, cultural, and social
climate; promote growth in student leadership and social interaction skills; and encourage
special student interests.
The State Committee on Accreditation recognizes the Arizona Interscholastic Association
as the agency for the control, supervision, and endorsement of regulations relating to
interscholastic activities. One member of the State Committee on Accreditation serves as
ex officio member of the Executive Board of the Arizona Interscholastic Association.
Serious infractions of the regulations of the Arizona Interscholastic Association may
jeopardize the approval status of a member school.
Special Education
6.8 Special education instruction should be available through the school district or
combination of school units to meet the needs of exceptional children whose
educational needs cannot be successfully met through regular instruction. Special
programs and materials should be available for students with handicaps in sight,
hearing, language, intelligence, or in other areas. Provision should be made for the
instruction of homebound students by certified teachers. For additional information,
contact the Special Education Division of the Department of Education ( Mandatory
by July 1, 1976).
Restrictions of Special Education on teacher- pupil ratio:
Maximum Membership in Programs. Maximum membership in special education programs
shall be as follows:
Educable Mentally Handicapped . . . . . . . . . . . 15 pupils per teacher
Emotionally Handicapped . . . . . . . . . . . . . . 1 0 pupils per teacher
Multiple Handicapped . . . . . . . . . . . . . . . 1 0 pupils per teacher
Physically Handicapped . . . . . . . . . . . . . . . 1 0 pupils per teacher
Specific Learning Disabilities . . . . . . . . . . . . 10 pupils per teacher
Trainable Mentally Handicapped . . . . . . . . . . . 10 pupils per teacher
Visually Handicapped . . . . . . . . . . . . . . . 8 pupils per teacher
Hearing Handicapped . . . . . . . . . . . . . . . . 8 pupils per teacher
Resource Programs . . . . . . . . . . . . . . . . . 1 5 pupils per teacher
Hom, ebou nd :
a. In home or hospital . . . . . . . . . . . 7 pupils per teacher
and
b. Classes for pregnant girls . . . . . . . . . 15 pupils per teacher
Gifted - Maximum membership shall be limited to three percent of previous
year's total district ADA.
Speech Handicapped - Maximum enrollment is not to exceed 90 students per
speech therapist during a school year.
A district may increase the membership by two after employing a full- time, trained
paraprofessional to work in the classroom, or program; however, extra paraprofessionals
does not permit any extra increase in students. Districts using paraprofessionals must
specify the training program for the paraprofessional in writing.
Financial Support and Control ( Criterion IX)
The school community shall provide financial support in sufficient amount to maintain
high standards in providing the staff, facilities, and materials needed to accomplish the
school's purposes. The financial support of Class II schools will, by necessity, be different
from public high schools.
9.1 Sufficient per- pupil expenditures shall be provided annually to insure that the
standards established by the State Board of Education are met or exceeded. In
deciding whether or not a reasonable financial effort is being made, consideration
shall be given to such factors as per- capita income and assessed valuation along with
the tax rate and per- pupil expenditure for instructional purposes. In the case of
nonpublic schools, income from tuition, endowments, and other sources shall be
sufficient to provide appropriate support levels.
9.2 Proper budgetary procedures shall be followed in accounting for school funds;
adequate safekeeping shall be provided; and the accounts shall be audited annually.
9.3 Approval of the high school shall not be maintained when it is evident that this is
being done at the expense of other schools ( elementary) in the district.
Ill. OTHER AREAS OF CONSIDERATION FOR BASIC PROGRAMS IN COMMON OR
HIGH SCHOOLS
1. Teacher Housing
2. Transportation Costs
a. Fuel
b. Garages
c. Distances
( 1 ) Extracurricular
( 2) Daily Routes
d. Road Conditions
3. Isolation
a. Freight Costs
b. Salaries
c. Maintenance
4. Pupil- teacher Ratios
CAROLYWNA RNER
SUPERINTENDENT
SAMPLE
1535 WEST JEFFERSON
PHOENIX. ARIZONA 8 5 0 0 7
271- 4361
SPECIAL SERVICES
1975- 1 976
Mr. James Lawrence
Education Specialist ( JOM)
Phoenix Area Office
Bureau of lndian Affairs
P. 0. Box 7007
Phoenix, AZ 8501 1
Dear Mr. Lawrence:
With the concurrence of the Phoenix Area Office, Bureau of lndian Affairs, the Division of
lndian Education agrees to pay:
School DistrictIArizona l ndian Tribe:
the amount of
Purpose
( Approved programlproposal attached )
The foregoing is authorized under the Special Services Programs provision of the 1975- 1976
Arizona Johnson- O'Malley State Educational Plan, Article IV, Section C, and as approved
by the Arizona lndian Education Association.
Very truly yours,
Terrance F. Leonard
Director of lndian Education
Concurred with :
Date Date
James Lawrence Chairman,
Phoenix Area Office Arizona Indian Education
Bureau of Indian Affairs Association ( JOM)
45
INTERGOVERNMENTAL AGREEMENT
Page 1 of 2 pages SAMPLE
The hereinafter named public agencies, for and in consideration of their mutual covenants and promises, do
hereby enter into an agreement pursuant to Sections 11- 951 to 11- 954, inclusive, Arizona Revised Statutes, as
follows:
A. Legal name of Public Agencies and Authorized Administrative Officer of each:
Agency # i Arizona State Board of Education
Agency # 2 Arizona Public School District
Agency # 3 Arizona Indian Tribe
If the number of agencies exceeds 3, add additional page or pages. If additional space is needed for the
following items, use separate sheet of paper and code to the appropriate item number.
B. Title of agreement ( Attach a brief description of the project)
Inter- Agency execution of the 1975- 1 976 Arizona Johnson- O'Malley State Educational Plan.
C. Purpose of the agreement
To provide educational services or related services for the implementation of the
Johnson- O'Malley State Educational Plan.
D. Duration of the agreement
Contract Period ( July 1, 1975 to June 30, 1976).
E. Plans for financing, including:
1. Sources and proportion of contributions
~ llowablec ost- reimbursements to Public School Districts and Indian Tribe( s) as per
State Plan.
2. Maintenance and administration of a budget
Public School District or Indian Tribe( s).
3. Responsibility for expenditures
State Board of Education as per State Plan.
4. Depository of funds and method of expenditure
Arizona State Treasury or Commercial Bank of the Tribe( s)/ State Plan.
5. Provisions and authority for audit
Arizona State Department of Education or Indian Tribe( s).
F. Provisions for, and methods to be employed in terminating agreement
Approved Program/ State Plan.
G. Provisions for disposing of property and assets upon termination
Approved Program/ State Plan.
Page 2 of 2 Pages
H. Certification of Contracting Agencies
Each of the undersigned certifies that to the best of his knowledge, the information contained tn this agreement is correct and
complete, that the public agency which he represents has authorized him to sign this agreement, and that such authorization action IS
recorded in the minutes of the agency's meeting held on the date shown below.
He also certifies that the agency he represents has common powers with the other contracting agencies as to the governmental
functions they propose to jointly exercise under the terms of this agreement; and that this agreement shall not be construed to
authorize the consolidation of public jurisdictions nor to permit his agency to delegate or contract away tts legislative or governmental
authority to other governmental jurisdictions.
Date Authortratlon Meetlng was held
1. Certificat~ ono f Public Agency
Legal Name of Publ~ c Agency Name & Title of Authorized Agent
Representative
Ma~ llngA ddress ( Street, City, Town, LIP Code) Signature
County State Telephone Date
Area Code & No. Slgned
Date Authorization Meeting was held
2. Certification of Public Agency
Legal Name of Public Agency Name & Title of Authorized Agent
Representative
Mailing Address ( Street, City, Town, LIP Code) Signature
County State Telephone Date
Area Code & No. Slgned
Date Authorization Meeting was held
3. Certification of Public Agency
Legal Name of Public Agency Name & Title of Authorized Agent
Re~ resentative
Mailing Address ( Street, City, Town, LIP Code) Signature
County State Telephone Date
Area Code & No. Signed
If the number of agencies exceeds 3, add additional page or pages.
APPROVAL BY ATTORNEY GENERAL
This agreement is in proper form and within the powers and authority granted under the laws of the State of Arizona.
Attorney General Date
APPROVAL OF ARIZONA STATE BOARD OF EDUCATION ( Required ~ f this agreement involves two or more School Districts.)
Approved: State Board of Education
by
for Carolyn Warner, Executive Officer Date
FILED WITH SECRETARY OF STATE
Date Filed
Signed
Secretary of State
1 ACCOUNTING FOR JOHNSON O'MALLEY FUNDS
A t year end, a f i n a n c i a l report must be submitted t o the Division of Indian
Education. This report w i l l be i n the fornat of the adopted budget. I n
order t o simplify the gathering of data for t h i s report we recommend the
following accounting procednres be implemented f o r FY 76.
1. The General Fund Budget of the D i s t r i c t be analyzed i n the
following format p r i o r t o July 1, 1975.
JOM
FUNDING
Administration
1. C e r t i f i e d Salaries.............
2. C l a s e i f i e d Salaries........... e
3. Ehployee Benefits..............
4. Travel.........................
5. Supplies and Materials.........
6. Other Operating Expenses.......
7. TOTAL ADMINISTRATIONom......
I n s t r u c t i o n
Regular
8. C e r t i f i e d Salaries.............
9. C l a s s i f i e d Salaries............
10. Employee Benefits..............
11. travel.....................^^..
12. Supplies and Ivlaterial~.........
13. Other Operating Expenses.......
ALL OTHER
FUN DING
14. Tuition t o Others..............
SUP DO^^
15. C e r t i f i e d Salaries.............
16. C l a s s i f i e d Salaries............
17. Employee Benefits..............
18. Travelm....~...... m~~~. m~~~~~~~
19. Supplies and Materials.........
20. Other Operating Expenses.......
21. TOTAL INSTRUCTIONm~ m~. m. m~~
FUND J UM
NO, FUNDING
001 & 011
0 ther
22. Classified Salaries...........
23. Employee Benefits.............
24. Travel.......................
25. Supplies and Materials........
26. Other Operating Expenses......
27. TOTAL OTHER...............
28. Contingencies.................
29 TOTAL GENERAL MAINTENANCE
AND OPERATION .
( LINES 71 14, 21, 27, 28)
11. SPECIAL EDUCATION
Handicapped
Regular ( 1)
.12 .. CClearstisfiifeiedd S Salaalraiersi. e.. s...... ....... .......
3. Employee Benefits.,...........
4. Tra~ el......................~.
5. Supplies and Materials........
6. Other Operating Expenses......
S U D D O ~ ~
7. Certified Salaries............
8. Classified Salaries...........
9. Employee Benefits.............
10. Travel..............~ b... bo..~
11. Supplies and Materials........
12. Other Operating Expenses......
13 TOTAL HANDICAPPED. o... o. ee
NO.
003 & 013
- Gifted Reaular ( 2)
14. Certified Salaries............
15, Classjfied Salaries...........
16. Employee Benefits.............
17. TraveL....................~...
18. Supplies and Materials...... o.
19. Other Operating Expenses......
S U D D O ~ ~
20. Certified Salaries............
21. Classified Salaries...........
22. Employee Benefits.............
23. Tra~ el..............~.....~~.~
24. Supplies and Materials........
25. Other Operating Expenses...%..
26 TOTAL GIFTED..............
27 TOTAL SPECIAL EDUCATION .
ALL u'lnm
FUNDING - TOTAL
- JOM
' N O. FWDING ::: z: IL TalWSPORTATIOl ( U S 11- 1201- D)
ALL OTHER
FUNDIN J
I FUND
1. Salaries...................
2. Employee
3. Tra~ e1.............~.~~~~.~
4. Supplies and PIaterials.....
5. Other Operating Expenses...
6. Capital O~ tlay.........~.~.
7. TOTAL PUPIL TRAiiSPOR-TATION.
, .
IV. CAPITAL OUTLAY ( ARS 15- 1201- E) E .... 3. Building Additions and
1,- lprovcrflenst .
9. Improvements Other thall
@ Buildings., ..
10. Furniture and Equipment....
11.
I 12. Other... e.......... e~. ee~ ee
13. Capital Outlay f o r Tgition
Students.
14. TOTAL CAPITAL OUTLAY... I 15 TOTAL GENERAL FUND
( SECTION 1- 29 9 11- 27,
P 111- 7, IV- 14)
2. The budget c o n t r o l s should be maintained i n such a Fanner that
t h r e e ( 3) budget c o n t r o l s a r e maintained by lrincx Ltcra a:; per
the following example.
EXAMPLE: T o t a l budget for Administration C e r t j f i c d S a l a r i e s ?' s
$ 100,000. It has been determined f r o ; , tllc report ; ub-mitted
to the BIA t h a t $ 30,000 i. 6 t o corle from J0! 1
funding-. Three ( 3) budget cards are net up in tho
following manner.
( a) FUND 001 & 011 FUNCTION 100 09JECT CODE 5100
BUDGET 100,000
( b) FUND 001 FUNCTION 100 OBJECT CODE 5100
BUDGET 70 000
( c) FUND 011 FUNCTION 100 OEJECT CODE 5100
BUDGZT 30,000
A s vouchers are prepared, the JON a c t i v i t y is coded under the
OTHEZ - SPECIFY s e c t i o n of t h e vouchers.
3 The end r e s u l t of t h i s operation at year end is t o account by
LINE ITEM by JOM FUNDING Source and ALL OTRER FUNDING Source.
TO BE USED 3 Y ALL DISTRICTS WHERE JOHNSON O'MALLEY FUIlDS ARE USED FOR BASIC SUPPORT
STATE OF ARIZONA
SCHOOL ACCOUNTING REQUIRmENTS
FISCA