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Tribal Consultation

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Tribal Consultation is a formal, government-to-government dialogue between two governing bodies, and in this case, school districts or charter schools and tribal leadership to ensure direct, timely and measurable dialogue on educational policies affecting Native American students. Consultation shall occur between a district or charter executive (e.g., Superintendent, or Charter Leader, school board members) and a Tribal Leader or their duly appointed designee (e.g., Governor, President or Vice-President or duly designated representative of the Executive authority) before decisions are finalized. Consultation shall be ongoing, documented, and conducted with commitment and good faith, honoring tribal sovereignty and aligning with federal and state laws, including ESSA Section 8538 and the New Mexico Indian Education Act.

Tribal Consultation: Definition & Best Practices

FY27 Tribal Consultation Requirements per District & Charter School

Affirmation of Tribal Consultation

Using the Affirmation of Tribal Consultation Form

FILLABLE TEMPLATE: Affirmation of Tribal Consultation for School Districts and Charter Schools

Tribal Consultation Requirements in the Indian Education Act

Statute & Title Summary of Consultation Requirements
22-23A-2. Purpose of the Indian Education Act. Tribes must be notified of all curricula development for their approval and support.
22-23A-9. Indian education; school district responsibilities; needs assessments; use of data; prioritizing budgets; reports. Historically Defined Indian Impacted School Districts (HDIISDs) must consult with Pueblos, Tribes, and Nations to prioritize needs identified through a needs assessment. Additionally, HDIISDs are required to hold biannual public meetings with local
tribal leaders, parents, and the Indian Education Division to report on the needs assessment and evaluate progress.
22-23A-10 Systemic framework for improving educational outcomes for Indian students. Historically Defined Indian Impacted School Districts (HDIISDs) must collaborate with tribal leaders when developing systemic framework.

Tribal Consultation Requirements in State Law Beyond the Indian Education Act

Statute & Title Summary of Consultation Requirements
22-1-9.1. New Mexico diploma of excellence; state seal for bilingual and biliterate graduates. The Public Education Department (PED) must consult with Pueblos, Tribes, and Nations when developing requirements for certification in tribal language proficiency.
22-2-2.3. Department; additional duties; closing a school; consultations with tribal leaders and members and families of students. The PED must engage in tribal consultation when closing a school on tribal land.
22-2F-3. School support and accountability system; created; establishing a school dashboard; prioritizing resources for schools receiving additional support. The PED is required to consult with Pueblos, Tribes, and Nations in the development of the School Support and Accountability System.
22-5-4.13. Local school board; consideration of opening or closing a public school on tribal land; consultation with tribal leaders and members and families of students. Local School Boards are required to consult Pueblos, Tribes, and Nations when considering opening or closing a school on tribal lands.
22-8-6. Operating budgets; educational plans; submission; certain reports; failure to submit. School districts or charter schools receiving federal revenue, such as impact aid, must consult with tribal entities, include a narrative of these consultations and their outcomes in their educational plan, and transmit an annual spending and outcomes
report to tribal authorities by October 1.
22-8B-12.2 Charter schools; term; oversight and corrective actions; site visits; renewal of charter; grounds for nonrenewal or revocation. Charter schools located on tribal land and applying for renewal must submit documentation of ongoing tribal consultation pursuant to the Indian Education Act.
22-8B-12.2. Charter schools; proposals to open or close a public school on tribal land; consultation with tribal leaders and members and families of students. If a charter school located on tribal lands wants to open, it must negotiate with and receive tribal government approval. If a charter located on tribal lands is contemplating closure, it must engage in tribal consultation.