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Federal Resources
Disclaimer:
The resources provided on this website by the New Mexico Public Education Department (PED) Indian Education Division are intended for informational and educational purposes only.
While every effort is made to ensure the accuracy, relevance, and timeliness of the information presented, the Department makes no guarantees or warranties, express or implied, regarding the completeness, accuracy, or reliability of any content, materials, or external links included on this site.
This page is part of an ongoing effort to uplift Indigenous education. Resources may be updated, added, or removed as we continue to learn and collaborate with communities across the state.
Bureau of Indian Education (BIE) and Tribally Controlled Schools (TCS)
The Bureau of Indian Education (BIE), within the U.S. Department of the Interior, supports the education of American Indian students across the country. New Mexico is home to a significant number of BIE and Tribally Controlled School (TCS) serving students from New Mexico’s 23 federally recognized Pueblos, Tribes, and Nations. The schools are typically located on or near tribal lands and provide academic programs alongside culturally relevant instruction that reflect Native languages, traditions, and community priorities.
Bureau of Indian Education (BIE) schools are operated directly by the federal government.
Tribally Controlled Schools (TCS) are schools operated by Tribal governments under federal grants or contracts. Public Law 100-297 (Tribally Controlled Schools Act of 1988) authorizes Tribal governments to operate and control their own schools through grants or contracts from the Bureau of Indian Education (BIE). The law affirms Tribal sovereignty in education by allowing Tribes to manage school operations, staffing, and culturally relevant programs while receiving federal funds.
The key difference is that TCS are locally controlled by Tribes, whereas BIE schools are federally operated and have less direct Tribal control over daily operations.
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Every Student Succeeds Act (ESSA)
The Every Student Succeeds Act (ESSA), enacted in 2015, is a federal law that provides states with greater flexibility in education while maintaining accountability for student outcomes. ESSA emphasizes equity by requiring states to support all students—particularly historically underserved groups, including Native American students—in achieving academic success.
In New Mexico, the Public Education Department (NMPED) administers ESSA in partnership with Pueblos, Tribes, and Nations. Through the Indian Education Division (IED), the department advances meaningful Tribal consultation, culturally and linguistically relevant practices, and targeted support for Native American students to better align federal requirements with Tribal priorities and improve educational outcomes statewide.
Learn More: Every Student Succeeds Act (ESSA) | U.S. Department of Education
Family Education Rights and Privacy Act (FERPA)
The Family Educational Rights and Privacy Act (FERPA), enacted in 1974, is a federal law that protects the privacy of student education records. FERPA gives parents—and eligible students—the right to access and request corrections to their records, as well as control over the disclosure of personally identifiable information.
In New Mexico, the Public Education Department (NMPED) administers the Family Educational Rights and Privacy Act (FERPA) in partnership with school districts, charter schools, and Tribal communities to ensure student data are handled responsibly and respectfully. The Indian Education Division (IED) supports practices that protect student privacy while promoting collaboration with families and Tribes to support student success.
Learn More: FERPA | Protecting Student Privacy
Impact Aid Program (Title VII)
Impact Aid, established in 1950 and later incorporated as Title VII of the Elementary and Secondary Education Act (ESEA), is a federal program that provides financial support to school districts affected by federal lands, including tribal lands. These funds help offset the loss of local property tax revenue and the costs of educating federally connected students, including many Native American students.
Key Impact Aid Sections
- Section 7002 – Federal Property: Supports LEAs that lose local tax revenue due to non-taxable federal property.
- Section 7003 – Basic Support: Provides formula-based funding based on the number of federally connected students, including those living on Indian lands or military installations. Funds may be used flexibly for general education costs.
- Section 7007 – Construction: Supports school construction, renovation, and facility improvements in districts heavily impacted by federal activities.
Why This Matters
Impact Aid Basic Support (Section 7003) provides critical, flexible funding that helps LEAs meet the educational needs of federally connected students, particularly those living on Indian lands.
LEAs receiving Section 7003 funds for students living on Indian lands must develop and annually review Indian Policies and Procedures (IPPs) in consultation with Tribal officials and families. IPPs promote meaningful collaboration and help advance the educational and cultural needs of Native American students.
In New Mexico, the Public Education Department, LEAs, Pueblos, Tribes, and Nations work together to support equitable educational opportunities and culturally and linguistically relevant programs.
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Indian Self-Determination and Education Assistance Act (ISDEAA)
The Indian Self-Determination and Education Assistance Act (ISDEAA), enacted in 1975, affirms the inherent sovereignty of federally recognized tribes to govern programs that serve their communities. The law allows tribes to enter into contracts or compacts with the federal government to operate education programs, including schools previously administered by the Bureau of Indian Education (BIE).
In New Mexico, ISDEAA is foundational to tribal leadership in education across the state’s tribes, nations, and pueblos. It supports the development of culturally and linguistically relevant education systems that reflect tribal priorities and identities. The New Mexico Public Education Department’s Indian Education Division (IED) collaborates with tribal leaders, educators, and communities to strengthen partnerships, support tribal self-determination in education, and improve outcomes for Native American students.
Individuals with Disabilities Education Act (IDEA)
The Individuals with Disabilities Education Act (IDEA), originally enacted in 1975, ensures students with disabilities have access to a free appropriate public education (FAPE) in the least restrictive environment (LRE). The law requires schools to identify and evaluate eligible students and develop individualized education programs (IEPs) to meet their unique needs.
In New Mexico, IDEA is implemented by the Public Education Department (NMPED) in partnership with school districts, charter schools, and families, emphasizing collaboration, inclusion, and support for successful transitions to further education, employment, and independent living.
Learn More: Individuals with Disabilities Education Act (IDEA) | U.S. Department of Education
Johnson O’Malley (JOM)
The Johnson-O’Malley (JOM) Program, established under the Johnson-O’Malley Act of 1934 (25 U.S.C. § 5342 et seq.), provides federally funded supplemental support for eligible American Indian students in New Mexico public schools. Administered through the Bureau of Indian Education (BIE), 25 CFR Part 273, JOM helps enhance academic success and cultural relevant connection.
Each JOM program is guided by a local Indian Education Committee (IEC), ensuring that funding decisions reflect community priorities and support student needs.
JOM promotes student achievement while strengthening the cultural identity and traditions of New Mexico’s Native American students.
Learn More: Johnson-O’Malley | Bureau of Indian Education
Office of Indian Education (OIE), U.S. Department of Education (est. 1972)
The Office of Indian Education provides national leadership, policy guidance, and funding to support the educational and cultural needs of American Indian and Alaska Native students. Established under the Indian Education Act of 1972, OIE administers formula and discretionary grant programs, partners with states, tribes, and local education agencies, and advances culturally responsive education to improve student outcomes.
Learn More: https://www.ed.gov/about/ed-offices/oese/oie
The Kennedy Report – Indian Education: A National Tragedy, A National Challenge 1969
The Kennedy Report, issued in 1969 by the U.S. Senate Special Subcommittee on Indian Education, documented widespread educational inequities faced by American Indian and Alaska Native students, including limited access to quality education, culturally irrelevant curricula, and inadequate resources.
The report brought national attention to these issues and led to significant federal policy changes, including the creation of the Office of Indian Education and the foundation for Title VI Indian Education programs.
Its findings continue to inform efforts in New Mexico and across the nation to provide equitable, culturally responsive education for Native students.
Learn More: https://eric.ed.gov/?id=ED034625
Title III (Part A – English Language Acquisition)
Title III, Part A of the Elementary and Secondary Education Act (ESEA), as reauthorized by the Every Student Succeeds Act (ESSA) in 2015, provides federal funding to help English learners (ELs), including immigrant students, develop English proficiency and succeed in meeting New Mexico’s academic standards.
In New Mexico, Title III supports school districts and charter schools with language instruction programs, educator professional development, and family engagement. It also includes additional funding for districts with significant increases in immigrant students.
For Native American students who are English learners, Title III services may complement culturally and linguistically relevant programs supported under Title VI (Indian Education), helping ensure access to equitable and effective educational opportunities.
Learn More: English Language Acquisition State Grants; Title III, Part A | U.S. Department of Education
Title VI – Indian, Native Hawaiian, and Alaska Native Education (Title VI, Part A – Indian Education)
Title VI, Part A of the Elementary and Secondary Education Act (ESEA), as reauthorized under the Every Student Succeeds Act (ESSA) in 2015, provides formula grants to support the academic success and cultural enrichment of American Indian and Alaska Native students.
In New Mexico, these funds support school districts, charter schools, and tribes in implementing culturally relevant programs, Native language and culture initiatives, and meaningful family and tribal engagement.
Title VI, Part A helps ensure Native American students receive equitable, culturally responsive education that supports both achievement and identity.
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U.S. Department of Education
The U.S. Department of Education is the federal agency responsible for administering national education programs, distributing federal funding, and enforcing education laws to ensure equal access to education.
Established in 1979, the Department oversees key programs such as Title I, Title III, and Title VI, which support underserved student populations, including American Indian and Alaska Native students.
In New Mexico, the Department works in partnership with the Public Education Department, tribes, and local education agencies to support equitable, culturally responsive education for all students.
Learn More: https://www.ed.gov/