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DOCUMENT: NCAIE842.TXT


                 NATIONAL CONGRESS OF AMERICAN INDIANS

                          EDUCATION COMMITTEE
     
        A Resolution Mandating Consultation on Personnel Issues

     WHEREAS, Public Law 95-561 states that the local school 
              boards have the authority to hire and fire; and  
     
     WHEREAS, the BIA has made some promotions and transfers of 
              school personnel throughout the entire education 
              system; and  
     
     WHEREAS, the BIA has not consulted with the tribes or school 
              boards regarding these transfers or promotions; and  
     
     WHEREAS, the BIA feels that they own the education-related 
              personnel and they have the right to move, replace 
              or transfer staff when they choose to; and  
     
     WHEREAS, the tribes or school boards have no appeal process 
              under P.L. 95-561 other than to the BIA Central 
              Office; and  
     
     WHEREAS, the Interim Guidelines and proposed regulations 
              affecting the school boards of Bureau schools are 
              in violation of the Administrative Procedures Act 
              of 1946, 25 CFR 31 and P.L. 95-561.  
     
     NOW, THEREFORE, BE IT RESOLVED, that the National Congress 
              of American Indians (NCAI) mandate the BIA to honor 
              its commitment to tribal sovereignty and 
              specifically to Indian school boards by not acting 
              on school issues and on school personnel changes 
              unless consultation has been maintained and 
              concurrence reached with the affected tribes and 
              school boards, and  
     
     BE IT FURTHER RESOLVED, that "consultation" shall be defined 
              as a personal meeting between tribal and BIA 
              officials prior to any action.  
     
     
     Submitted by: Mae Taylor, Nez Perce
     

                             CERTIFICATION
     
     This is to certify that the NCAI Education Committee passed 
     the above resolution on the 12th day of September, 1984. 
     
     
     ____________________________    ____________________________
     Alvino Lucero                   Rick St. Germaine
     Co-Chair                        Co-Chair
     

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