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Tribal Consultation

Tribal Consultation is required for schools meeting criteria defined by the Every Student Succeeds Act of 2015, Public Law 114-95, and applies to districts receiving over $40,000 for Title VI or have over 50 percent American Indian enrollment.

List of Local Educational Agencies Required to Conduct Tribal Consultation 2021-22 (XLSX)

Under section 8538, an affected local educational agency (LEA) is one that either:

  • received an Indian education formula grant under Title VI Indian Education formula grant in the previous fiscal year that exceeds $40,000, or
  • has 50 percent or more of its student enrollment made up of AI/AN students
    • The total American Indian/American Native (AI/AN) enrollment data would include those students who self-identify as AI/AN alone and AI/AN in combination with one or more races, regardless of Hispanic ethnicity
    • In order to determine whether an LEA has 50 percent or more of its enrollment made up of AI/AN students, an LEA should use the enrollment data from the prior school year to determine whether it is an affected LEA in the current FY

Tribal Consultation Toolkit (PDF)
This document from the California Department of Education provides LEAs and tribal organizations with the tools necessary to work together in generating practices dictated by the Every Student Succeeds Act.

Tribal Leader's Toolkit External link opens in new window or tab. (PDF)
This toolkit provides resources to help tribal nations assess the state of education for AI/AN students in their communities, and also provides action steps and examples that tribes can reference to improve educational outcomes through increased engagement in the education of their youth.

NIJC Tribal Consultation Toolkit and Training External link opens in new window or tab.
The Consultation Toolkit consists of a sample consultation protocol template, a sample consultation flow chart, and a list of best practices for consultation. These documents were created using tribal, state, and federal consultation policies to cover a range of protocols, statutes, and timelines. These documents are meant to be used by tribes as a starting point that they can then tailor to meet their specific needs.

NIEA Consultation Guides External link opens in new window or tab.
The National Indian Education Association has put together a page of resources intended to help LEAs work through the tribal consultation process.

Tribal Consultation Under the Elementary and Secondary Education Act External link opens in new window or tab. (PDF)
Under the Elementary and Secondary Education Act (ESEA), some districts are required to consult with tribal governments on the development of their education plans. This practice brief is intended to serve as an overview of district-level ESEA tribal consultation requirements and as guidance for LEAs.

Questions: Judy Delgado | | 916-319-0506 
Last Reviewed: Thursday, August 5, 2021
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