PUEBLO OF ACOMA LAWS 2003 (2019 Replacement)

Tribal code

Ask Donna

What actually matters in this document.

Text

TITLE 21

EDUCATION

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

pursuant to Tribal Council Resolutions dated January 1, 2017 through December 31,

2018.

Pueblo of Acoma Laws 2003 (2019 Replacement)

Page 21- A

PUEBLO OF ACOMA LAWS 2003 (2019 Replacement)

TITLE 21

EDUCATION

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

§__-__-__ Pueblo of Acoma Laws 2003 (2019 Replacement)

Pueblo of Acoma Laws 2003 (2019 Replacement)

Page 21- B

PUEBLO OF ACOMA LAWS 2003 (2019 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

Pueblo of Acoma Laws 2003 (2019 Replacement)

Page 21- i

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

Pueblo of Acoma Laws 2003 (2019 Replacement)

Page 21- ii

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

Pueblo of Acoma Laws 2003 (2019 Replacement)

Page 21- iii

PUEBLO OF ACOMA LAWS 2003 (2019 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-07-07VIa, 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 216-2(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

Pueblo of Acoma Laws 2003 (2019 Replacement)

Page 21-1

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.

Pueblo of Acoma Laws 2003 (2019 Replacement)

Page 21-2

"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

Pueblo of Acoma Laws 2003 (2019 Replacement)

Page 21-3

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

control and 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.

Pueblo of Acoma Laws 2003 (2019 Replacement)

Page 21-4

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:

delegated to it in this Act.

The ABoE shall perform all functions

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.

Pueblo of Acoma Laws 2003 (2019 Replacement)

Page 21-5

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

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.

Pueblo of Acoma Laws 2003 (2019 Replacement)

Page 21-6

Adopt or reject proposed policies. The ABoE shall adopt or

reject policies recommended by committees or commissions

as provided by this Act.

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.

Pueblo of Acoma Laws 2003 (2019 Replacement)

Page 21-7

Governing Bodies of Other

Programs within Acoma Pueblo

Educational

Institutions

and/or

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 fulltime 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.

Pueblo of Acoma Laws 2003 (2019 Replacement)

Page 21-8

21-6-2

The ABoE shall follow the Acoma Personnel Policies and

Procedures Manual, as amended, to provide supervision and

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

performance evaluations, required training, discipline, and removal.

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

Pueblo of Acoma Laws 2003 (2019 Replacement)

Page 21-9

Department staff is qualified and receives appropriate

professional development and training.

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

Pueblo of Acoma Laws 2003 (2019 Replacement)

Page 21-10

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.

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

Pueblo of Acoma Laws 2003 (2019 Replacement)

Page 21-11

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

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.

Pueblo of Acoma Laws 2003 (2019 Replacement)

Page 21-12

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 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

Pueblo of Acoma Laws 2003 (2019 Replacement)

Page 21-13

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

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

Pueblo of Acoma Laws 2003 (2019 Replacement)

Page 21-14

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 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,

Pueblo of Acoma Laws 2003 (2019 Replacement)

Page 21-15

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

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.

Pueblo of Acoma Laws 2003 (2019 Replacement)

Page 21-16

21-11-3

21-11-4

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:

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.

Annual Reporting on Parental and Community Involvement: Acoma

schools and other educational institutions shall annually report to the

Pueblo of Acoma Laws 2003 (2019 Replacement)

Page 21-17

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

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 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.

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 in-service training. The ADoE

shall work with the state of New Mexico to gain state recognition of

accredited tribal courses for educational recertification as qualifying to

satisfy state of New Mexico recertification requirements for educators as

necessary.

Pueblo of Acoma Laws 2003 (2019 Replacement)

Page 21-18

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

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

Pueblo of Acoma Laws 2003 (2019 Replacement)

Page 21-19

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.

REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK

Pueblo of Acoma Laws 2003 (2019 Replacement)

Page 21-20

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.