Section

[Code of Federal Regulations]
[Title 25, Volume 1]
[Revised as of April 1, 2001]
From the U.S. Government Printing Office via GPO Access
[CITE: 25CFR36.3]

[Page 138-141]

TITLE 25--INDIANS

CHAPTER I--BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR

PART 36--MINIMUM ACADEMIC STANDARDS FOR THE BASIC EDUCATION OF INDIAN CHILDREN AND NATIONAL CRITERIA FOR DORMITORY SITUATIONS--Table of Contents

Subpart A--General Provisions

Sec. 36.3 Definitions.

For purposes of this part, the following definitions apply:
Accreditation means a school has received an official decision by
the State(s) department(s) of education, or another recognized agency
having official authority, that, in its judgment, the school has met the
established standards of quality.
Agency means the current organizational unit of the Bureau which
provides direct services to the governing body or bodies and members of
one or more specified Indian tribes.
Agency school board as defined in sec. 1139(1), Pub. L. 95-561,
means a body, the members of which are appointed by the school boards of
the schools located within such Agency. The number of such members shall
be determined by the Director in consultation with the affected tribes.
In Agencies serving a single school, the school board of that school
shall function as the Agency school board.
Agency Superintendent for Education means the Bureau official in
charge of education functions at an Agency and to whom the school
supervisor(s) and other educators under the Agency's jurisdiction
report.

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Area Education Programs Administrator means the Bureau official in
charge of Bureau education programs and functions in a Bureau Area
Office and is responsible for off-reservation residential schools, and,
in some cases, peripheral dormitories and on-reservation day schools not
receiving services from the Agency Superintendent for Education.
Assistant Secretary means the Assistant Secretary for Indian Affairs
of the Department of the Interior.
Authentic assessment means the testing of higher order thinking
skills by monitoring performance of tasks requiring analysis,
creativity, and application skills in real life situations.
Average daily membership (ADM) means the aggregate days membership
of a given school during a given reporting period divided by the number
of days school is in session during this period. Only days on which the
students are under the guidance and direction of teachers shall be
considered as days in session. The reporting period is generally a given
regular school term.
Basic academic skills means the abilities acquired by observation,
study, or experience in mental and/or physical performance (e.g.,
proficiency in planning and investigating, operational techniques,
comprehension, organization, execution, remembrance and application of
knowledge to acquire a desired result) basic to the mastery of school
work or other activity.
Basic education means those components of education emphasizing
literacy in language arts, mathematics, natural and physical sciences,
history, and related social sciences.
Bureau means the Bureau of Indian Affairs of the Department of the
Interior.
Certification means the general process by which the State or Agency
authorized by the State adjudges and stipulates that an individual meets
the established standards which are prerequisite to employment for a
teacher or administrator in education.
Competency means having the requisite abilities, skills, or a
specified level of mastery.
Computer literacy used here means the general range of skills and
understanding needed to function effectively in a society increasingly
dependent on computer and information technology.
Content area means the usual school subjects of instruction, such
as: Language arts, mathematics, science, social studies, fine arts,
practical arts, health, and physical education.
Counselor means a staff member, including those in both academic and
dormitory situations, who helps the students to understand educational,
personal, and occupational strengths and limitations; to relate
abilities, emotions, and aptitudes to educational and career
opportunities; to utilize abilities in formulating realistic plans; and
to achieve satisfying personal and social development.
Course of study means a written guide prepared by administrators,
supervisors, consultants, and teachers of a school system or school, as
an aid to teaching a given course or an aspect of subject-matter content
to a given category of pupil.
Criterion-referenced test means an achievement test designed to
measure specific skills within a subject area. Test results indicate
which skills a student has or has not learned.
Days means calendar days.
Director means the Director of the Office of Indian Education
Programs in the Bureau.
Dormitory means a facility which provides students boarding and
lodging on a temporary residential basis for the purpose of attending a
Bureau-operated or Indian-controlled contract or public school.
Dormitory manager means a staff member who manages the day-to-day,
24-hour operation of one or more dormitories.
Elementary school is defined as any combination of grades K-8 except
when any of these grades are included in the junior high or middle
school level.
Exceptional child program means a program for students who are
eligible to receive education and related services as defined by 25 CFR
39.11(i).
Feeder school means a school whose exiting students are absorbed by
a school offering instruction on the next higher grade level.
Formative evaluation is an evaluation of progress during the
implementation of a program. Its purpose is to provide

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immediate feedback on results to enable modifying the processes used in
order to enhance success and prevent failure.
Goals means a statement of what the school system is attempting to
do to meet the comprehensive educational needs and interests of its
pupils, in accordance with its statement of philosophy.
Grade means the portion of a school program which represents the
work of one regular school year; identified by a designation such as
kindergarten, grade 1 or grade 10.
Grade level is a designation applied to that portion of the
curriculum which represents the work of one regular school year.
High school is defined as grades nine through twelve, except when
grade nine is included in the junior high or middle school
organizational unit.
Higher order thinking skills (or advanced skills) means skills such
as reading comprehension, written composition, and mathematical
reasoning. They differ from basic or discrete skills such as phonetic
decoding and arithmetic operations.
Indian-controlled contract school means a school that is operated by
a tribal organization and funded under a contract with the Bureau.
Indian student means a student who is a member of an Indian tribe
and is one-quarter (\1/4\) or more degree of Indian blood quantum.
Indian tribe or tribe means any Indian tribe, band, nation,
rancheria, pueblo, colony or community, including any Alaska Native
village or regional or village corporation as defined in or established
pursuant to the Alaska Native Claims Settlement Act (85 Stat. 688),
which is recognized as eligible for the special programs and services
provided by the United States to Indians because of their status as
Indians.
Intense residential guidance means the program for residential
students who need special residential services due to one or more of the
problems as stated in 25 CFR 39.11(h).
Junior high or middle school is defined as grades seven and eight,
but may include grade six when it is not included in the elementary
school level and/or grade nine when it is not included in the high
school level.
Kindergarten means a group of students or a class that is organized
to provide educational experiences for children for the year immediately
preceding the first grade.
Librarian means a certificated school employee whose principal
responsibilities include selection, acquisition, preparation,
cataloging, and circulation of books and other printed materials;
planning the use of the library by teachers and students; and
instructing students in the use of library books and materials, whether
the library is maintained separately or as a part of an instructional
materials center.
Local school board when used with respect to a Bureau-operated
school means a body chosen in accordance with the laws of the tribe to
be served or, in the absence of such laws, the body elected by the
parents of the Indian children attending a Bureau-operated school. In
schools serving a substantial number of students from different tribes,
the members shall be appointed by the governing bodies of the tribes
affected and the number of such members shall be determined by the
Director in consultation with the affected tribes.
Objectives means a statement of the general, long-range aims and the
specific, short-range aims which indicate what the school is attempting
to do to meet the needs of the students in accordance with the
philosophy, goals, and policies of the school system.
Paraprofessional means a staff member who works with and is under
the supervision of a professional staff member but who does not have
full professional status, e.g., teacher aide. The term denotes a level
of knowledge and skills possessed by an individual or required of an
individual to perform an assignment. The level of skills is usually at a
predetermined minimum level.
Parent means a natural parent or guardian or a person legally acting
as parent.
Peripheral dormitory is a facility which provides students boarding
and lodging during the school year for the purpose of attending a public
school.

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Regular program student means all students including those
determined to be eligible for services as defined under the Exceptional
Child Program, 25 CFR 39.11(i).
Residential school means an educational institution in which
students are boarded and lodged as well as taught.
Residential Services under Exceptional Child Program means a program
providing specialized residential care as determined by 25 CFR 39.11(i).
School means an educational institution, including elementary,
junior high or middle, high school, peripheral, cooperative, and
contract schools serving students in grades Kindergarten through 12 and
as further defined under 25 CFR 39.2(q).
School board means an Agency or local school board.
School day, instructional day, or teaching day is a day on which the
school is open and students are under the guidance and direction of
teachers in instructional activities where the minimum number of
instructional hours are met.
School Supervisor means the official in charge of a school and/or
peripheral dormitory who reports to an Agency School Superintendent or
an Area Education Programs Administrator, as appropriate.
Secretary means the Secretary of the Interior.
Self-contained class means a class having the same teacher or team
of teachers for all or most of the daily session.
Standard means the established criterion and/or specified
requirement which must be met and maintained.
Summative evaluation means a systematic analysis of the results or
products of a program after it is completed. Its purpose is to determine
the extent to which the objectives of the program have or have not been
achieved. One form of summative evaluation compares results with those
of another ``control'' program using different procedures. Other forms
compare results with past results or predetermined target outcomes.
Teacher means a certified staff member performing assigned
professional activities in guiding and directing the learning
experiences of pupils in an instructional situation.
Unit/Unit of instruction means a major subdivision of instruction
generally composed of several topics including content and learning
experiences developed around a central focus such as a limited scope of
subject matter, a central program, one or more related concepts, one or
more related skills, or a combination of these. One unit equals one full
year of instruction in a subdividion thereof. Unit and credit shall be
used interchangeably.

[50 FR 36816, Sept. 9, 1985, as amended at 59 FR 61765, Dec. 1, 1994]