PUEBLO OF ACOMA LAWS 2003 (2025 Replacement)

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TITLE 21

EDUCATION

This Replacement includes laws enacted since the Pueblo of Acoma Laws 2003

pursuant to Tribal Council Resolutions dated January 1, 2019 through December 31,

2024.

Pueblo of Acoma Laws 2003 (2025 Replacement)

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PUEBLO OF ACOMA LAWS 2003 (2025 Replacement)

TITLE 21

EDUCATION

These laws may be cited by Title, Chapter, Section and Year as Section or

§__-__-__ Pueblo of Acoma Laws 2003 (2025 Replacement)

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PUEBLO OF ACOMA LAWS 2003 (2025 Replacement)

TITLE 21

EDUCATION

TABLE OF CONTENTS

Chapter

Page

Title ................................................................................................... 21-1

Acoma Board of Education; Applicability of Act ............................................. 21-1

21-2-1.

Adoption of Title ......................................................................... 21-1

21-2-2

Application of Acoma Pueblo Laws ........................................... 21-1

Purpose ........................................................................................................... 21-2

21-3-1

Intent and Purpose of Act .......................................................... 21-2

Definitions........................................................................................................ 21-2

ABoE or Board ..................................................................................... 21-2

Acoma Pueblo ...................................................................................... 21-2

ADoE or Department ............................................................................ 21-2

Controlled Substance ........................................................................... 21-2

Charter or Chartered Schools ............................................................... 21-3

College ................................................................................................. 21-3

Culture .................................................................................................. 21-3

Curriculum ............................................................................................ 21-3

Executive Director ................................................................................ 21-3

Education Standards ............................................................................ 21-3

Educational Data or Data ..................................................................... 21-3

Education Policies and Programs ........................................................ 21-3

Educators ............................................................................................ 21-3

Government Body of Another Educational Institution ........................... 21-3

Indian Preference ................................................................................. 21-4

Local Schools ....................................................................................... 21-4

Other Educational Institution ................................................................ 21-4

Parent ................................................................................................... 21-4

Parenting and Family Life ..................................................................... 21-4

Policies and Procedures regarding school governance ....................... 21-4

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School ................................................................................................... 21-4

School Board ........................................................................................ 21-4

State or State Government ................................................................... 21-4

Student ................................................................................................. 21-4

Acoma Board of Education and Acoma Department of Education ................. 21-5

21-5-1.

Creation of Acoma Board of Education ..................................... 21-5

21-5-2.

Power and Duties of the Acoma Board of Education................. 21-5

21-5-3.

Organization and Authority ........................................................ 21-5

Acoma Department of Education Executive Director ...................................... 21-8

21-6-1.

Executive Director Selection, Qualifications and Vacancies...... 21-8

21-6-2.

Executive Director Authority and Responsibility ........................ 21-9

School Boards ............................................................................................... 21-12

21-7-1.

Appointment and Removal Authority ....................................... 21-12

21-7-2.

School Boards to Cooperate with ADoE .................................. 21-12

21-7-3.

School Boards to Provide Policies and Procedures to ADoE .. 21-12

21-7-4 .

School Boards to Include ADoE in Established Processes for

Reviewing Curriculum, Education Standards, Educational Policies

and Programs .......................................................................... 21-12

21-7-5.

Incorporation of Tribal Curriculum ........................................... 21-13

21-7-6.

Meeting Tribal Education Standards ........................................ 21-13

21-7-7.

Tribal Education Programs to be Provided .............................. 21-13

Curriculum and Education Standards ........................................................... 21-13

21-8-1.

Procedures for Developing Tribal Curriculum .......................... 21-13

Education Policies and Procedures .............................................................. 21-13

21-9-1.

Alcohol, Nicotine or Tobacco, and Drug Abuse Education ...... 21-13

10.

Truancy/Attendance ...................................................................................... 21-16

21-10-1.

Compliance with Title 6, Pueblo of Acoma Laws (2003) as amended

................................................................................................. 21-16

11.

Parental and Community Involvement .......................................................... 21-16

21-11-1

ADoE To Include Parents and Community Members in

Implementation and Refinement of this Act ............................. 21-16

21-11-2

ADoE to Provide Annual In-Service Training for Parents and

Community ............................................................................... 21-16

21-11-3

Parental and Community Involvement ..................................... 21-17

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21-11-4

21-11-5

21-11-6

Annual Reporting on Parental and Community Involvement ... 21-17

ADoE to Evaluate Compliance by Local Schools and Other

Educational Institutions With Provisions for Parental and Community

Involvement ............................................................................. 21-18

Relationship of Parental and Community Involvement to Parenting

and Family Life Curriculum ...................................................... 21-18

12.

Educators ...................................................................................................... 21-18

21-12-1.

Qualifications ........................................................................... 21-18

21-12-2.

Acoma Language and Cultural Certification ............................ 21-18

21-12-3.

Training .................................................................................... 21-18

21-12-4.

Competency Guidelines and Evaluations ................................ 21-19

21-12-5.

Certification .............................................................................. 21-19

21-12-6.

Hiring and Retention ................................................................ 21-19

21-12-7.

ADoE to Apply Indian Preference ............................................ 21-19

13.

Chartered Educational Programs and Chartered Schools ............................ 21-19

21-13-1

Process .................................................................................... 21-19

21-13-2

Charter Education Programs and Schools Subject to this Act. 21-20

21-13-3

Act Does Not Affect Other Obligations of Chartered Education

Programs and Schools ............................................................ 21-20

14.

Miscellaneous................................................................................................ 21-20

21-14-1.

Construction of Tense Used .................................................... 21-20

21-14-2.

Masculine Gender Inclusive ..................................................... 21-20

21-14-3.

Reference to Code Includes Amendments .............................. 21-20

21-14-4.

Severability .............................................................................. 21-20

REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK

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PUEBLO OF ACOMA LAWS 2003 (2025 REPLACEMENT)

TITLE 21

EDUCATION

Origins: Enacted by Tribal Council Resolution No. 2018049 adopted on December 17, 2018.

Annotations: Formatting and numbering/lettering has

been changed from the Tribal Council Resolution No.

2018-049 for the purpose of consistency with Pueblo of

Acoma Laws 2003, as amended.

Chapter 1.

TITLE

This document shall be titled the Education Act of the Pueblo of Acoma (POA), and it may

be cited as Title 21 of Pueblo of Acoma Laws 2003.

Chapter 2.

ACOMA BOARD OF EDUCATION; APPLICABILITY OF ACT

21-2-1

Acoma Pueblo, pursuant to inherent authority over formal and cultural

education on Acoma Lands, adopts this Title to govern Acoma schools,

other educational institutions, and chartered educational programs and

chartered schools within the jurisdiction of the Pueblo of Acoma.

21-2-2

Acoma Pueblo laws shall apply to Acoma schools and other educational

institutions to the maximum extent allowable under law.

The Acoma Tribal Council established an Acoma Board of Education

through Tribal Council Resolution No. TC-NOV-07-07-VIa, giving the

Board of Education responsibility to manage and oversee

educational oversight of all tribal education programs. Governor, in

consultation with the Tribal Council and the Acoma Department of

Education, is given the authority to appoint an Acoma Board of

Education (ABoE). The ABoE shall create a Charter to set out its

manner of operation, which must be approved by Tribal Council. The

number of ABoE members and terms of office shall be stated in the

ABoE Charter. The ABoE is empowered to negotiate with federal,

state, and other tribal governments, or their political subdivisions,

any agreements necessary to implement the policies and provisions

of this Act, subject to approval of any agreement by the Tribal

Council, except as provided in Section 21-6-2(A)(9). The ABoE does

not have the authority to waive the sovereign immunity of Acoma

Pueblo.

Other rights and powers not abrogated by authority over formal

education. Nothing in this Act shall be construed to authorize any

abrogation of the rights of the Acoma Pueblo or its members based

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upon federal law, or any diminishment of the trust responsibility of

the federal government, or any duty of the state government or any

political subdivision thereof, including but not limited to the obligation

to provide non-discriminatory public education.

Chapter 3.

PURPOSE

21-3-1

It is the intent and purpose of this Act to:

Preserve, protect, and perpetuate Acoma Pueblo, by providing the

necessary resources to preserve, protect, and perpetuate Acoma’s

resources, both natural resources and human resources.

Promote intra-government understanding and coordination by

providing a means to promote understanding and coordination of

branches, agencies, and entities of Acoma Pueblo on the purposes,

standards, and functions of education within Acoma Pueblo; and

Make education a good experience and good preparation for life, by

providing a means to prepare members of the Acoma community for

life on and off Acoma Pueblo.

Chapter 4.

DEFINITIONS

21-4-1

Unless this Act otherwise indicates, the following definitions apply herein:

“ABoE” or “Board” means the Acoma Board of Education and current

ABOE members for the Pueblo of Acoma. The ABoE is comprised of

three members duly appointed by the Governor, in consultation with

the Tribal Council and ADOE and two members appointed by Tribal

Council in consultation with the Governor and the Acoma

Department of Education. The number of members shall be set forth

in the Acoma Board of Education Charter.

"Acoma Pueblo" or "Tribal" means the Pueblo of Acoma, a federally

recognized tribal government and includes the Pueblo of Acoma

people as a distinct cultural, ethnic, geographical, and political group.

"ADoE" or "Department" means the Acoma Department of

Education, a governmental agency of the Acoma Pueblo charged

and empowered with administering this Act under the direction of the

Acoma Board of Education.

“Controlled Substance” means a drug or other substance, as defined

in Acoma Laws Title 6, Chapter 12.

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"Charter" or "Chartered School” means an educational institution

chartered by the ABoE with the approval of the Tribal Council, or an

educational institution chartered by the New Mexico Public

Education Department (NMPED).

"College" means undergraduate and graduate institutions.

"Culture" means shared patterns of human behavior adopted by a

group of humans in order to survive as a people, including but not

limited to (1) interpersonal and kinship relationships with all living

beings; (2) spiritual relationships; (3) values, assumptions, rules, and

attitudes; (4) language; (5) social and individual development

processes; and (6) acquisition and use of knowledge.

"Curriculum" means any planned education experience provided for

students.

"Executive Director" means the Executive Director of the Pueblo of

Acoma Department of Education.

"Education standards" means minimum levels of performance that

educational institutions must attain, or minimum requirements that

educational institutions must meet to provide and document quality

curriculum and educational policies and programs.

"Educational data" or "data" includes, but is not limited to, attendance

reports, achievement data, test results, progress reports,

evaluations, language proficiency data, information about curricula

and instruction, information about employment practices and

staffing, information about social and economic variables,

information about funding, budgets, and finance, health and safety

information, information pertaining to the Affective Domain of social

and emotional growth, and information about school grounds and

buildings.

"Educational policies and programs" include, but are not limited to,

policies or programs other than curriculum that develop strong

student or parent knowledge of, skills in, or involvement with schools,

their students, and their curricula.

"Educators" includes but is not limited to teachers, administrators,

counselors, and other professional staff of educational institutions.

"Governing body of another educational institution" is the authorized

governing body of another educational institution, with general

charge, direction, and management of the institution, and control and

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care of all property used by or belonging to it, as provided and limited

by applicable law.

"Indian preference" means that first preference shall be given to

qualified members of a federally recognized Tribe.

"Local school" is any school offering early childhood education and

grades kindergarten through twelfth, or any part of that span, located

within Acoma Pueblo, the Grants Cibola County School District, or

parochial schools that serve the Acoma Pueblo community.

"Other Educational Institution" is any school other than a local school

that is located within Acoma Pueblo including, but not limited to,

chartered educational programs, chartered schools, early childhood

programs, and any other education program or school authorized by

the ABoE.

"Parent" means anyone who is a parent or legal guardian of a

student, and includes parent groups and committees established

under federal, state, and tribal laws.

"Parenting and family life" includes, but is not limited to, family

responsibilities, child growth and development, child birth and child

care, prenatal and postnatal care for infants and mothers, prevention

of child abuse, and related topics.

"Policies and procedures regarding school governance" shall

include, but not be limited to, education policies and procedures

prescribed under federal, state, and tribal law.

"School" is a place, institution, or process for formal teaching and

learning on and off Acoma Pueblo that provides education to

students.

"School board" is the authorized governing body responsible for

developing, maintaining, and locating local schools, and for providing

educational opportunities and services on and off Acoma Pueblo for

students attending public or private schools.

"State" or "state government" means the State of New Mexico, or any

political subdivision thereof.

"Student" means anyone who is officially enrolled in a local school or

another educational institution.

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Chapter 5.

ACOMA BOARD OF EDUCATION (ABoE) and ACOMA DEPARTMENT of

EDUCATION (ADoE)

21-5-1

Creation of the Acoma Board of Education: The Acoma Tribal Council

created the Acoma Board of Education through Tribal Council Resolution

No. TC-NOV-07-07-VIa.

21-5-2

Power and Duties of the Acoma Board of Education: The Acoma Tribal

Council created the Pueblo of Acoma Department of Education supervised

and directed by a Board of Education to manage and oversee the

educational oversight of all tribal education programs. (Tribal Council

Resolution No. TC-NOV-07-07-VIa). As such, the Acoma Board of

Education (ABoE) shall determine policy and direction for the development,

implementation and coordination of access to quality services through the

Acoma Department of Education (ADoE) for all education programs and

schools.

21-5-3

Organization and Authority: The ABoE shall perform all functions delegated

to it in this Act.

Board Composition: The ABoE is comprised of three members duly

appointed by the Governor, in consultation with the Tribal Council

and ADoE, and two members appointed by Tribal Council in

consultation with the Governor and the Acoma Department of

Education. The number of members shall be set forth in the Acoma

Board of Education Charter.

Of the ABoE members, there shall be two Board members

who shall serve in an ex-officio capacity, with one of the exofficio members appointed by the Governor and the other

appointed by the Tribal Council from the Tribal Council. The

ex-officio Board members shall not vote.

Prior to any Board appointment, Governor will consult with the

Tribal Council and the Department of Education regarding all

nominations and Board selections.

Vacancies. The Acoma Board of Education shall make

recommendations to the Governor and Tribal Council. Board

vacancies shall be filled by the Governor or Tribal Council

depending on which entity initially appointed the Board

Member for the unexpired portion of the term of office.

Terms: The terms of the appointed ABoE members shall be threeyear terms as contained in the ABoE Charter approved by Tribal

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Council. Board members may be removed for neglect of duty or other

good cause as set forth in the Charter of the ABoE.

Compensation: The ABoE members will be compensated according

to amounts approved by Tribal Council. Compensation for travel and

other costs will be paid by the ADoE upon approval under the

requirements of the POA.

Duties

The ABoE shall require and review regular reporting by the

ADoE regarding the condition, needs, and progress of

education within and outside Acoma Pueblo. Such reporting

shall include, but not be limited to, an annual State of the

Pueblo Education Report as provided in this Act.

The ABoE shall actively promote and assist coordination of

ADoE services and programs. The ADoE shall actively

promote and assist the coordination of tribal services and

programs on critical education issues to meet the intent,

purposes, and policies of this Act.

The ABoE shall recommend for Tribal Council approval all

contracts or agreements with consultants.

Contracts

recommended for approval by the ABoE shall be subject to

approved Acoma and ADoE Procurement Policies and

Procedures.

Establish tribal curriculum. The ABoE shall establish tribal

curriculum in the areas specified in and in accordance with

this Act. Such curriculum shall include a tribal orthography to

be used in Acoma language instruction. This orthography

shall be approved by Tribal Council.

Establish tribal education standards. The ABoE shall establish

tribal education standards in accordance with this Act.

Establish tribal educational policies and programs. The ABoE

shall establish tribal educational policies and programs as

specified in and in accordance with this Act.

Adopt or reject proposed policies. The ABoE shall adopt or

reject policies recommended by committees or commissions

as provided by this Act.

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Approve or disapprove ADoE appropriations and operating

budgets. The ABoE shall approve or disapprove

appropriations and operating budgets for the ADoE consistent

with this Act.

Require and appropriate, from within the budget

authorizations approved by the Tribal Council or other funds

received by the ADoE from federal, state or private

institutions, funding for equipment, facilities, and resources.

The ABoE shall require and appropriate such funding for

equipment, facilities, and resources for the ADoE as deemed

advisable to meet the intents, purposes, and policies of this

Act.

10.

Seek grants and funding for education improvement. The

ABoE shall seek federal, state, and private funding and grants

for the improvement of education on and off Acoma Lands,

including funding and grants for research, planning, and

evaluation of education services.

11.

Promote tribal control of education. The ABoE shall actively

promote tribal control of education under charters consistent

with the intents, purposes, and policies of this Act.

12.

Establish advisory commissions and committees on

educational, programs, policies and legislation as necessary.

The ABoE shall establish advisory commissions and

committees on education as it deems necessary. Such

commissions or committees shall serve in an advisory

capacity in the development of tribal education policies, and

in other matters affecting education; and shall be established

to meet the statutory or other requirements for the ABoE.

13.

All government to government consultation regarding

education shall include the ABoE.

14.

The ABoE shall hire an Executive Director for the Acoma

Department of Education.

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Governing Bodies of Other Educational Institutions and/or Programs

within Acoma Pueblo

Other Governing Bodies of educational institutions and/or

educational programs operating within the Pueblo of Acoma

such as the Haak’u Community Academy School Board,

Acoma Scholarship Committee, the Acoma Johnson O’Malley

Board, and other committees or Boards that may become

necessary as a result of new schools and programs shall meet

all applicable statutory, and regulatory requirements,

including, but not limited to those established by the ABoE.

Establishment and creation of governing bodies: The ABoE

shall establish a governing body of any other educational

institution by charter or other action. The powers and duties,

terms

office,

appointment/removal

procedures,

administrative organization and structure/operation shall also

be contained in those charters and actions of the ABoE.

Chapter 6.

ACOMA DEPARTMENT OF EDUCATION EXECUTIVE DIRECTOR

21-6-1

Executive Director Selection, Qualifications and Vacancies

The ABoE shall hire an Executive Director for the Acoma Department

of Education. The Executive Director shall be a full-time employee

of the Acoma Pueblo and shall maintain an office at Acoma. The

Executive Director has the power and duty to exercise all powers,

duties, and responsibilities of the Acoma Department of Education

as set forth in this Act or other Acoma Pueblo policy.

Qualifications and Salary of Executive Director. The ABoE shall

establish the qualifications for and the salary of the Executive

Director of the ADoE.

The ABoE shall develop a position description for the position of

Executive Director of the Acoma Department of Education. This

position description will be forwarded to the Director of the Acoma

Human Resources Department for classification and compliance

with the Acoma Human Resources Manual. Upon approval from the

Acoma Human Resources Director, the position will be advertised

and a selection will be made by the ABoE following the process set

forth in the Acoma Personnel Policies and Procedures Manual, as

amended.

The ABoE shall follow the Acoma Personnel Policies and

Procedures Manual, as amended, to provide supervision and

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oversight of the Executive Director’s position. This shall include

performance evaluations, required training, discipline, and removal.

21-6-2

During periods in which the Executive Director's position is vacant,

the ABoE President or the President’s designee shall serve in a

salaried capacity as the Acting Executive Director of the ADoE, and

during such periods, shall be an employee of ADoE.

Executive Director Authority and Responsibility: Subject to the authority of

the ABoE, the Executive Director of the ADoE shall:

Administer and enforce this Act: The Executive Director shall be the

principal administrator and enforcer of this Act. In doing so, the

Executive Director shall:

Exercise oversight over the administration and operation of

the ADoE’s functions, and over the compliance by local

schools and other educational institutions with this Act;

Maintain current knowledge of the law and procedures in

administration and enforcement of tribal education laws and

policies, and serve as the principal technical and professional

advisor to the ABoE on all matters relating to the Act and

education within Acoma Pueblo;

Provide leadership in and otherwise promote the

improvement of education within Acoma Pueblo, including

through constant contact with educators, personal

appearances at public gatherings, research, planning, and

evaluation of education services; and

Seek and coordinate tribal and non-tribal resources to

implement this Act and to improve generally the condition,

needs, and progress of education within Acoma Pueblo;

Employ qualified staff of ADoE. Subject to the approval of the

ABoE, the Executive Director shall work with the Acoma

Department of Human Resources to employ qualified

professional, clerical, and other employees, as may be

necessary for the administration of this Act. Subject to

approval of the ABoE, the Executive Director shall plan and

direct the duties and responsibilities of the Department staff

and shall ensure that the staff carries out their duties and

responsibilities. The Executive Director shall ensure that the

Department staff is qualified and receives appropriate

professional development and training.

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Maintain office for filing and records. The Executive Director

shall have and maintain an office at Acoma, provided by

Acoma Pueblo, in which he/she shall: secure all papers,

reports, public documents, and other data transmitted to

him/her and hold the same subject to inspection by the ABoE;

and keep and manage all records of all matters pertaining to

the ADoE;

Establish a uniform data gathering, compiling, and reporting

system. Establish a uniform system for the gathering,

compiling, and reporting of educational data from local

schools and other educational institutions, Acoma Pueblo,

and other tribal, state and federal governments. The

Department shall use the data to evaluate and ensure

compliance with this Act, and to improve generally the

condition, needs, and progress of education on and off Acoma

Pueblo. The system for gathering the data shall include but

not be limited to:

Receiving and examining written educational data;

policies and procedures regarding school governance;

and educational policies and programs provided by

local schools and other educational institutions. The

ADoE working with the various committees shall

specify a format for the reporting of written educational

data by local schools and other educational institutions;

The Executive Director shall, at least twice a year, call and

conduct meetings with professional stakeholders from the

Acoma community, the Grants Cibola County School District,

the State of New Mexico, the Bureau of Indian Education

(BIE), and National Education organizations and other

professionals.

The Executive Director shall endeavor,

through discussion and explanation, to establish and

maintain, standards, programs, and policies developed under

this Act and regulations to implement the Act to maintain a

constant state of improvement for the education of Acoma

community members, including proposing amendments to the

Act to the Tribal Council.

The Executive Director shall have the authority to execute all

contracts related to the Education Department including

teachers, school administration, support staff and outside

contractors up to the amount of $100,000 annually. Any

contract $5000 or more must be approved by the ABoE.

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Conduct on-site assessment visits of local schools and other

educational institutions. On-site assessment visits of local schools

and other educational institutions shall be conducted by an

evaluation team;

Develop tribal curriculum: Develop tribal curriculum in the areas

specified in and in accordance with this Act;

Develop tribal education standards: Develop tribal education

standards in accordance with this Act;

Recommend a tribal orthography: Recommend to the ABoE a tribal

orthography to be used in Acoma language instruction and

curriculum development;

Evaluate and make recommendations for compliance by local

schools within Acoma Pueblo with tribal curriculum and education

standards: On behalf of Acoma Pueblo, and jointly with the state,

enforce compliance by local schools with tribal curriculum and tribal

education standards. Compliance shall be evaluated as part of the

data gathering provisions of this Act;

Evaluate and make recommendations for compliance by other

educational institutions such as Grants Cibola County School District

schools with tribal curriculum and education standards: Evaluate and

make recommendations for compliance by other educational

institutions with tribal curriculum and tribal education standards.

Compliance shall be evaluated as part of the data gathering

provisions of this Act;

Develop and enforce tribal educational policies and programs and

evaluate compliance by schools within Acoma Pueblo and other

educational institutions with tribal educational programs: Develop

tribal educational policies and programs in the areas specified in and

in accordance with this Act, and enforce compliance by schools

within Acoma Pueblo and other educational institutions with the tribal

educational policies and programs. Compliance shall be evaluated

as part of the data gathering provisions of this Act;

Review budget estimates of, and appropriations for, schools within

Acoma Pueblo and other educational institutions: These review

activities support the goals and objectives of the Team Indian

Policies and Procedures (TIPP) and the Indian Parent Advisory

Committee (IPAC). Participate in public hearings and other budget

and finance processes of local schools and other educational

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Page 21-11

institutions, and review budget and financial information provided by

local schools and other educational institutions. Such participation

and review shall include, but not be limited to, determining the links

between budgets and financial plans and meeting and promoting the

intents, purposes, and policies of this Act.

Chapter 7.

SCHOOL BOARDS

21-7-1

Appointment and Removal Authority: The ABoE shall reserve the right to

appoint and remove school board members for all tribal schools within

Acoma Pueblo. School boards are subject to this Act and other tribal policy

as specified in this Act and as otherwise permitted by federal law and tribal

law.

21-7-2

School boards to cooperate with the ADoE: School boards shall ensure that

their schools and staff cooperate with the ADoE in implementing this Act

and in addressing other education problems and issues that arise within

Acoma Pueblo. Such cooperation shall include, but not be limited to:

annually providing written educational data to the ADoE following the format

specified by the Department; ensuring that their educators participate

effectively in the execution of this Act; and ensuring that their administrators

participate effectively in the on-site assessment evaluation teams provided

for by this Act.

21-7-3

School boards to provide policies and procedures to ADoE and align them

with this Act: School boards shall provide a complete and current copy of

all existing written policies and procedures regarding school governance to

the ADoE. School boards shall annually provide copies of any and all

amended or new policies to the Department. Existing policies and

procedures which are inconsistent with this Act are subject to revision with

technical assistance from the ADoE. Amended or new policies shall be

aligned with relevant provisions of this Act before their adoption by the

school boards.

21-7-4

School boards to include ADoE in their established processes for reviewing

curriculum, education standards, and educational policies and programs:

Because such inclusion may be necessary to the development by the

ADoE, education standards, and educational policies and programs under

this Act, school boards shall include the ADoE in their established

processes used for reviewing applicable curriculum, education standards,

and educational policies and programs.

21-7-5

Incorporation of Tribal Curriculum: School boards to ensure that schools

within Acoma Pueblo include tribal curriculum in their curriculum and

standards. School boards shall ensure that local schools provide instruction

Pueblo of Acoma Laws 2003 (2025 Replacement)

Page 21-12

that is in substantial compliance with the tribal curriculum provided for and

developed under this Act.

21-7-6

Meeting Tribal Education Standards: School boards to ensure that schools

within Acoma attain tribal education standards. School boards shall ensure

that these schools attain or meet the tribal education standards provided for

and developed under this Act.

21-7-7

Tribal Education Programs to be Provided: School boards to provide tribal

educational programs. School boards shall ensure that local schools

provide the tribal educational programs provided for and developed under

this Act.

Chapter 8.

CURRICULUM AND EDUCATION STANDARDS

21-8-1

Procedures for Developing Tribal Curriculum: Under the supervision of the

ABoE, the ADoE Executive Director shall have oversight of the ADoE in

developing tribal curriculum. The ADoE shall:

Review the curriculum of Acoma tribal schools and other educational

institutions within Acoma. Review the applicable current curriculum

of local schools and other educational institutions. Such review may

be conducted independently by the Department, or the Department

may participate in the established processes used by local schools

and other educational institutions for reviewing their curriculum;

Coordinate and consult with school boards and governing bodies.

Coordinate and consult with school boards and the governing bodies

of other educational institutions;

Consult with educators, community members, parents, and students.

Consult with and obtain the comments of educators, parents,

community members, other stakeholders and students;

Keep curricula on file in the Department. Maintain a file in the

Department of copies of all current curricula, and proposed changes

to curricula for public inspection consistent with tribal law;

Chapter 9.

EDUCATIONAL POLICIES AND PROGRAMS

21-9-1

Alcohol, Nicotine or Tobacco, and Drug Abuse Education

Acoma Tribal laws prohibiting drugs, controlled substances, and

public consumption of alcohol: To the extent permitted by federal

law, Schools within Acoma are subject to tribal laws prohibiting

Pueblo of Acoma Laws 2003 (2025 Replacement)

Page 21-13

drugs, controlled substances, and the public consumption of

alcoholic beverages on Acoma Pueblo.

Duty to Educate: ADoE and all Acoma tribal schools [are] to educate

staff and faculty, employees, volunteers and students about alcohol,

nicotine, tobacco, and drug abuse. All schools’ staff and faculty, other

employees, volunteers, and students shall receive education and

training about the need to maintain good health and prevent alcohol,

nicotine, tobacco, and drug abuse. Such education shall include, but

not be limited to: information about health curricula and educational

policies and programs provided for and developed under this Act;

and information about the policies of this Act as they relate to the

health and survival of Acoma Pueblo.

Procedures for developing policies and programs: In developing

tribal alcohol, nicotine or tobacco, and drug abuse education policies

and programs. The ADoE shall:

Review the current policies and programs of Acoma schools

and tribal programs. Such review may be conducted

independently by the ADoE, or the ADoE may participate in

the established processes of schools and other tribal

programs for reviewing their policies and programs, and data:

Review local and national policies, studies, and reports.

Review the latest local and national policies, studies, and

reports on alcohol, nicotine or tobacco, and drug abuse,

particularly alcohol, nicotine or tobacco, and drug abuse by

youth and Indian youth;

Consult with educators, community members, parents, and

students. Consult with and obtain the comments of educators,

community members, parents, other stakeholders, and

students;

Coordinate with school boards and governing bodies.

Coordinate and consult with school boards and the governing

bodies of other educational institutions;

Draft tribal policies and programs. Draft tribal alcohol, nicotine

or tobacco, and drug abuse education policies and programs

consistent with the policies and programs of Acoma schools,

federal law, and Acoma law: provided that to the extent

alcohol, nicotine or tobacco, and drug abuse education

policies and programs conflict with the policies and programs

Pueblo of Acoma Laws 2003 (2025 Replacement)

Page 21-14

of Acoma schools or with federal law, Acoma policies and

programs shall govern;

Circulate draft policies and programs, and data for review and

comment. Circulate the draft alcohol, nicotine or tobacco, and

drug abuse education policies and programs, for review and

comment and for a specified period of time, among school

boards, the governing bodies of other educational institutions,

selected educators, parents, members of the community, and

other such persons as deemed necessary;

Review comments on draft tribal policies and programs, and

data. Review the comments and suggestions of those to

whom the drafts have been circulated, and after evaluating

the comments or suggestions, make such revisions to the

policies and programs as deemed necessary; and

Submit draft policies and programs to Tribal Council. Submit

the draft policies and programs to the ABoE in the form of

proposed policies and programs for review and

recommendation for adoption or amendment by Tribal

Council.

ABoE to establish alcohol, nicotine or tobacco, and drug abuse

education policies and programs: The ABoE shall establish alcohol,

nicotine or tobacco, and other drug abuse education policies and

programs which shall apply to local schools under the jurisdiction of

Acoma independently or jointly with appropriate state and federal

departments or agencies.

Acoma schools to comply with alcohol, nicotine or tobacco, and drug

abuse education policies and programs: Acoma schools shall

provide alcohol, nicotine or tobacco, and drug abuse education

policies and programs in compliance with alcohol, nicotine or

tobacco, and drug abuse education policies and programs adopted

by the Tribal Council.

Acoma schools to report compliance with alcohol, nicotine or

tobacco, and other drug abuse education policies and programs:

Acoma schools shall annually report compliance with alcohol,

nicotine or tobacco, and drug abuse education policies and

programs, and data, to the ADoE.

ADoE to evaluate and report compliance by Acoma schools with

alcohol, nicotine or tobacco, and drug abuse education policies and

programs: The ADoE shall regularly evaluate compliance by Acoma

Pueblo of Acoma Laws 2003 (2025 Replacement)

Page 21-15

schools and other educational institutions with Acoma alcohol,

nicotine or tobacco, and drug abuse education policies and

programs. The ADoE shall annually report its findings and

recommendations on compliance with Acoma alcohol, nicotine or

tobacco, and drug abuse education policies and programs, and data,

to the Tribal Council.

Tribal [Children’s] Court to be used in implementing this section: In

implementing this section on alcohol, nicotine or tobacco, and drug

abuse education, the ADoE shall report violations of Acoma alcohol,

nicotine or tobacco, and drug abuse policies and programs to the

Acoma [Children’s] Court where the Executive Director deems it to

be in the best interest of a student.

Chapter 10. TRUANCY/ ATTENDANCE

21-10-1

The ADoE shall maintain compliance with Title 6 of the Pueblo of Acoma

Laws (2003) as amended, regarding Compulsory School Attendance.

Chapter 11. PARENTAL AND COMMUNITY INVOLVEMENT

21-11-1

ADoE to include parents and community members in implementation and

refinement of this Act: The ADoE shall include parents and community

members in implementing and proposing amendments to this Act. Such

inclusion and involvement shall include, but not be limited to: the

development of curriculum, education standards, and educational policies

and programs; and the preparation of the annual state of the Pueblo

Education Report. Such inclusion and involvement shall be accomplished

through the annual meeting and by acquiring a place on the agenda at

Acoma community meeting periodically as provided by this Act, and through

other appropriate means. The ADoE shall also strive to include and involve

parents and community members in addressing specific education issues

and in improving education within Acoma Pueblo.

21-11-2

ADoE to provide annual in-service training for parents and community

members: The ADoE shall provide annually for parents and community

members in-service training in the priority education areas and issues of the

Acoma Pueblo, and in asserting and advocating for the education of their

children.

21-11-3

Parental and Community Involvement: Schools boards of schools within

Acoma, and the governing bodies of other educational institutions that

provide education services to children are to involve parents, children and

community members in ways that include the following:

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Page 21-16

Formal processes for committees that oversee Title-VI Indian

Education 20 U.S.C. [§] 7401 and Title-VII Impact Aid 20 U.S.C. [§]

7701 regarding curriculum, education standards, and policies

regarding school governance, programs, and extra-curricular

activities: These committees shall include in their processes

members of the Team Indian Policies and Procedures (TIPP) for

Impact Aid and the Indian Parent Advisory Committee (IPAC) for

implementing the Indian Education requirements, including, but not

limited to planning, developing, and evaluating curriculum, education

standards, policies regarding school governance, educational

policies and programs, and extracurricular activities; availability and

accessibility to programs, events, and activities that enhance

academic achievement and social development for students;

Distribution of proposed curriculum and policies regarding school

governance and curriculum and policy changes: Grants Cibola

County Schools, Santa Fe Indian School, and other public, BIE

operated, and tribally operated schools that educate a large

percentage of Acoma students will distribute draft copies of proposed

curriculum, policies regarding school governance, and changes in

curriculum and policies to parents and community members for

review and input before the curriculum, policies, or changes are

adopted or effective;

Develop materials regarding curriculum, policies, and activities:

Educational institutions shall develop written materials designed to

familiarize parents with the school's curriculum and policies and

detailing specific activities that parents and students may undertake

together to enrich the students' formal educational experience and

development; and

Procedures for parent-school communication. In cooperation with

the ADoE: Educational institutions shall review their procedures for

communication between the parents and the schools, and shall

review the effectiveness of those procedures. With the ADoE and

parents, they shall strive to develop ways to improve such

procedures.

21-11-4

Annual Reporting on Parental and Community Involvement: Acoma

schools and other educational institutions shall annually report to the ADoE

their compliance with and progress under this Act regarding parental and

community involvement.

21-11-5

ADoE to evaluate compliance by local schools and other educational

institutions with provisions for parental and community involvement: The

ADoE shall regularly evaluate the compliance by and progress of local

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Page 21-17

schools and other educational institutions with the provisions of this Code

regarding parental and community involvement.

21-11-6

Relationship of parental and community involvement to parenting and family

life curriculum: The provisions of this Act regarding parental and community

involvement apply to all parents and community members, including those

students who are parents. The need for parental and community

involvement in local schools and other educational institutions shall be

included in the curriculum containing instruction on parenting and family life.

Chapter 12. EDUCATORS

21-12-1

Qualifications: To the extent required by federal, state, or tribal law, all

educators shall maintain state of New Mexico certification in their work area

as required. In addition, all educators shall gain and maintain specific

knowledge and skills that will assist in improving their ability to serve

students in the priority education areas of the Acoma Pueblo as set forth in

this Act.

21-12-2

Acoma Language and Cultural Certification: The ADoE, with the assistance

and advice of the Acoma Language Advisory Committee pursuant to §131-5 of the Pueblo of Acoma Laws, shall develop certification standards for

Acoma Pueblo Language and Culture Teacher Certification.

This

Certification will be required for teachers to teach the Acoma (Keres)

language in all schools within Acoma Pueblo. This certification will require

professional development and periodic recertification aligned with other

teacher requirements in this Act to ensure that teachers and teacher

assistants are skilled and knowledgeable in the content of Acoma language

and culture.

Origins: Enacted by Tribal Council Resolution No. 2023014.

Annotations: Tribal Council Resolution No. 2023-014

directed a change to the Acoma Laws to recognize the role

of the Acoma Language Advisory Committee in assisting

the Acoma Department of Education in developing

certification standards for the Acoma Pueblo Language

and Culture Teacher Certification.

21-12-3

Training: The ADoE shall regularly identify recertification areas appropriate

for educators. In such identification, the ADoE shall consult and coordinate

with school boards, the governing bodies of other educational institutions,

and colleges. The ADoE and colleges shall develop and provide accredited

courses in those areas. Such courses shall be provided at the colleges, or

at Acoma schools, and other educational institutions as pre-service or inservice training. The ADoE shall work with the state of New Mexico to gain

state recognition of accredited tribal courses for educational recertification

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Page 21-18

as qualifying to satisfy state of New Mexico recertification requirements for

educators as necessary.

21-12-4

Competency Guidelines and Evaluations: Acoma schools shall evaluate

educators at least annually. Educator evaluations shall be done according

to the policies and procedures of Acoma schools; provided, that:

Evaluations to be made in writing. Evaluations shall be made in

writing after reasonable observation of each educator's performance

and review of the results of that performance; and

Evaluation summaries and processes to be provided to ADoE.

Copies of written evaluation summaries, the evaluation processes,

and any changes in the evaluation process shall be provided

annually to the ADoE; and

Teacher evaluations. Evaluations of teachers shall include but not be

limited to: assessment of instructional strategies; adherence to

curricula objectives, including applicable tribal curriculum, student

progress and performance; learning climate; and use of evaluation

findings, and work ethic such as teacher, staff, and administrator

attendance.

Non-teacher evaluations. Non-teacher evaluations shall be based

upon their specific job descriptions and shall include but not be

limited to: assessment of adherence to the goals of tribal educational

policies and programs and the intents, purposes, and policies of this

Act; and student progress and performance.

21-12-5

Certification: Acoma Pueblo shall recognize successful completion of

accredited tribal courses as qualifying to meet tribal recertification

requirements for educators.

21-12-6

Hiring and Retention: In addition to satisfying the requirements of the state

of New Mexico for hiring and retention, educators must satisfy tribal

recertification requirements as provided by this Act.

21-12-7

ADoE to apply Indian preference: In implementing this Act, the ADoE shall

apply Indian preference in the hiring, training, retention, and promotion of

all staff, personnel, consultants, and contractors.

Chapter 13. CHARTERED

SCHOOLS

21-13-1

EDUCATIONAL

PROGRAMS

AND

CHARTERED

Process: ABoE will use the state of New Mexico or national process to

charter educational programs and schools. The application for these

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Page 21-19

charters must contain a Resolution of the Acoma Tribal Council and a letter

documenting an action by the ABoE supporting the application for a charter

school or other education institution.

21-13-2

Chartered educational programs and schools subject to this Act: Consistent

with and to the extent permitted by tribal, state, and federal law, chartered

educational programs and schools shall operate according to the Acoma

Tribal Council resolution approving their charter, including but not limited to:

their charters of incorporation; their articles of incorporation; and their

bylaws, including all amendments and updates thereto. In addition,

chartered educational programs and chartered schools are subject to

applicable provisions of this Act.

21-13-3

Act does not affect other obligations of chartered education programs and

schools: Except as otherwise provided in this Act, nothing in this Act shall

affect the incorporation of chartered educational programs and schools

under New Mexico law or the obligations of chartered educational programs

and chartered schools under state or federal law.

Chapter 14. MISCELLANEOUS

21-14-1

Construction of Tense Used: In construing the provisions of this Acoma

Education Act, the present tense includes the past and future tenses, and

the future tense includes the present.

21-14-2

Masculine Gender Inclusive: In construing the provisions of this Acoma

Education Code, the masculine gender includes the feminine and the neuter

genders.

21-14-3

Reference to [Act] Includes Amendments: When reference is made to any

portion of this Acoma Education [Act], the reference shall apply to all

amendments and additions made hereafter.

21-14-4

Severability: If any part of this Acoma Education [Act] invalidated by a court

of competent jurisdiction or Acoma Tribal Council, all valid parts that are

severable from the invalid part remain in effect. If a part of this [Act] is invalid

in one or more of its applications, that part remains in effect in all valid

applications that are severable from the invalid applications.

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This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.