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Monday, January 24, 2011

Indian Education Formula Grant Program of the Elementary and Secondary Education Act


Cassandria Dortch
Analyst in Education Policy

The Title VII-A formula grant program, authorized by the Indian Education Act of the Elementary and Secondary Education Act (ESEA) as amended by the No Child Left Behind Act (NCLB; P.L. 107-110), is one of the current federal programs targeted to raising the educational achievement of Indian children. The Title VII-A Indian Education formula grant program is intended to provide supplementary funding for the education of Indian children. The program is intended to help Indian students meet state academic and content standards in an environment that values their culturally related academic needs. For purposes of the program, an Indian student is defined as a member or child or grandchild of a member of a federally recognized tribe, state-recognized tribe, or terminated tribe; an individual considered by the Secretary of the Interior to be an Indian; an Eskimo, Aleut, or other Alaska Native; or a member of an organized Indian group that received a grant under the program before October 20, 1994.

Local educational agencies (LEAs), Indian tribes, and Bureau of Indian Education (BIE)-funded schools are eligible for funding. To be eligible, LEAs must meet one of the following criteria: serve a minimum of 10 Indian students; have an enrollment of at least 25% Indian students; be located in Alaska, California, or Oklahoma; or be located on or in proximity to a reservation. An Indian tribe that represents a minimum of 50% of the LEA’s Indian enrollment is eligible in lieu of the LEA if the eligible LEA does not establish an Indian Parent Committee. The Indian Parent Committee contributes to and approves the LEA’s plan for using grant funds.

Grants are awarded by formula based on the enrollment of eligible Indian students and the average per pupil expenditure (APPE). In FY2010, it is estimated that the 1,265 grantees received an average of $220 per Indian student enrolled. The program’s FY2010 appropriation was $104 million. Grantees, 90% of which are LEAs, have served 448,000-481,000 Indian students each year since FY1999. Since FY1999, LEAs in three states—Alaska, Arizona, and Oklahoma—have received almost half (45%) of the funding. LEAs in 12 states have not received any funding since at least FY2002.

The 112
th Congress may consider several issues related to the Title VII-A Indian education formula grant program and Indian education more generally as it considers reauthorization of the ESEA. The various definitions of Indian student used to determine eligibility for programs that support the education of Indian students complicates administration and makes program success difficult to measure. The educational outcomes of Indian children have continued to lag behind those of other American children. Many stakeholders believe the program is underfunded as measured by the program’s original 1972 statutory goals, the educational achievement gaps, and the need for culturally relevant education.


Date of Report: January 18, 2011
Number of Pages: 34
Order Number: R41598
Price: $29.95

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