The Sisseton-Wahpeton Oyate has an inherent right to exercise its responsibility to the Sisseton-Wahpeton people for their formal education by enacting and implementing a tribal education code applicable to all educational institutions within the Lake Traverse Reservation and to all educational programs receiving significant funding for the education of Sisseton-Wahpeton youth.

(b) Recognition of education provider

The Sisseton-Wahpeton Oyate commits to work cooperatively with all education providers on the reservation or serving the Sisseton-Wahpeton youth to assure the achievement of educational goals set by the Sisseton-Wahpeton Oyate.

(c) Tribal laws apply to local educational institutions and other educational institutions to maximum extent

In the operation of educational institutions, the laws and ordinances of the Sisseton-Wahpeton Oyate apply to the maximum extent of the jurisdiction of the Sisseton-Wahpeton Oyate.

(d) Authority of Council to negotiate agreements to implement Tribal Education Code

As provided in Article VII, Section 1(a) of the Revised Constitution and By-Laws of the Sisseton-Wahpeton Oyate, the Sisseton-Wahpeton Oyate is empowered to negotiate with the federal, state, and other tribal governments, or their political subdivisions, any agreements necessary to implement the policies and provisions of this Tribal Education Code.

(e) Other rights and powers not abrogated by authority over formal education

The Sisseton-Wahpeton Oyate specifically claims for its people and relies upon the responsibility of the government of the United States to provide for education based on the Treaty of 1867 and the trust responsibility of the federal government toward Indian Oyates. In exercising the Tribal government’s authority over formal education on the Lake Traverse Reservation, the Tribal government does not sanction or cause any abrogation of the rights of the Oyate or its members based upon federal law or inherent sovereign powers, nor does enacting the Code diminish any trust responsibility of the federal government, including but not limited to the obligation set forth in the Treaty of February 19, 1867, or of the state government or any political subdivision thereof, including but not limited to the obligation to provide a non-discriminatory public education

66-01-03 – Purposes

With the Tribal Education Code, the Sisseton-Wahpeton Oyate intends to:

(a) Preserve, protect, and perpetuate the Oyate

Provide the necessary resources to preserve, protect, and perpetuate the Sisseton-Wahpeton Oyate with its human and land resources;

(b) Promote intra-government understanding and coordination

Provide a means to coordinate branches, agencies, and entities of the Sisseton-Wahpeton Oyate regarding the purposes, standards, and functions of education on the Lake Traverse Reservation;

(c) Provide excellent education and preparation for life

Provide excellent education for the Sisseton-Wahpeton Oyate and provide a means to prepare tribal members for life on and off the reservation;

(d) Assess educational situation and develop education goals

Improve education on the Reservation by assessing the education situation and developing programs and policies tailored to address identified problem areas; and

(e) Adopt laws and policies which enable tribal decision-making, direct funding, block grant funding, set-asides and other improvements

Adopt laws and policies which enable tribal decision-making, direct funding, block grant funding, set-asides and other improvements

66-01-04 – Policies

The Sisseton-Wahpeton Oyate declares as policy that:

(a) Tribal government has responsibility to the people to provide for education to protect the Oyate membership

The tribal members and land base are the most valuable resources of the Sisseton-Wahpeton Oyate. The Sisseton-Wahpeton Oyate, as a sovereign nation, has a responsibility to its people to oversee their education in whatever school or school systems the Sisseton-Wahpeton youth are being educated to assure an excellent education. To preserve, protect, and perpetuate the human resources within and on the native homelands of the Sisseton-Wahpeton Oyate, the Tribal Government must be actively involved with all educational endeavors on the Reservation.

(b) Education must be effective, appropriate for, and relevant to the Reservation

An effective, appropriate, and relevant formal education on the Reservation fosters:

(1) Competence in Dakota language skills and knowledge of Sisseton-Wahpeton Dakota culture, government, economics, and environment;

(2) Knowledge of the history of Sisseton-Wahpeton Dakota Oyate and the role of tribal members in promoting the future of the Oyate;

(3) The development of Sisseton-Wahpeton tribal and United States citizenship;

(4) Parental and community involvement in the formal education process such that formal education includes the educational aspirations and cultural values of the parents and community members;

(5) An attitude toward education which encourages lifetime learning;

(6) Preparation for lifetime responsibilities in the areas of employment, family life, recreation and use of leisure;

(7) Positive Self-discipline and self-concept;

(8) The formulation of age, grade, and/or developmentally appropriate competencies in all basic areas of academic and cognitive skills; and

(9) Competence in English Language skills and knowledge of non-Indian American culture, government, economics, and environment.

(c) Support of local control of educational institutions

The Tribal Government encourages and supports local control of Sisseton-Wahpeton education. The Tribal Government supports administration of a school under the guidance and direction of a school board or a governing body.

(d) Coordination of education efforts to carry out the Education Code

Curriculum, education standards, educational policies and programs, and employment practices regulated under this Tribal Education Code shall be carried out through coordinated efforts between the Education Board of Regents, other Education Board of Regents and agencies, state and tribal educational institutions, and shall incorporate the intents purposes and policies of this Code.

(e) Tribal government shall work with state and federal governments to improve education

The Tribal Government shall develop cooperative working relationships with the state and federal governments to improve the education systems on the Reservation.

(f) Fundamental education goal of the Oyate is self-determination consistent with the Oyate’s heritage

The Sisseton-Wahpeton Oyate is a people with a distinct political, economic, and cultural heritage. The fundamental goal of the Sisseton-Wahpeton Oyate regarding education is self-determination consistent with this heritage.

66-01-04 – Definitions

Unless the Tribal Education Code indicates, the following definitions apply:

Alcohol, nicotine and drugs – “Alcohol, nicotine, and drugs” mean any substance that may alter the sensorium, including alcoholic drinks, nicotine, tobacco and tobacco related products, drugs regulated by or controlled under federal or tribal law. The use of noxious substances – “The use of noxious substances” means the inhalation, consumption or any other means of introducing noxious substances into the human system to produce intoxication, in a manner not intended to be the primary function of that substance. Noxious substances are substances, the use of which may result in temporary or permanent loss or diminution in judgment, perception, or coordination and includes, but is not limited to aerosol products, sterno, rubbing alcohol, shaving lotion, gasoline, and glue paint.

Charter(ed) – “Charter” or “chartered” means chartered by the Tribal Council under the Tribal Constitution.

Code – “Code” means the Education Code of the Sisseton-Wahpeton Oyate.

College – “College” means Sisseton-Wahpeton College.

Culture – “Culture” means a set of shared patterns of behavior developed by a group of humans in order to survive as a people. These sets include, but are not limited to interpersonal and kinship relationships, spiritual relationships, values (behavior, material possessions, individual characteristics, attitudes), assumptions, rules, governing structure, language, social and individual development processes, and acquisition and use of knowledge.

Curriculum – “Curriculum” means a planned, ongoing, and systematic program provided for students, in which goals and objectives are clearly articulated.

Education Board of Regents – “Education Board of Regents” or “Education Board of Regents” means the Education Board of Regents within the Tribal Government charged with administering the Tribal Education Code.

Educational data – “Educational data” or “data” means any information pertaining to students and educational institutions. This includes, but is not limited to attendance reports, achievement data, test results, progress reports, evaluations, language proficiency data, information about curricula and instruction, information about employment practices and staffing, information about social and economic variables, information about funding, budgets, and finance, health and safety information, and information about school grounds and buildings.

Educational Institution – Any program providing education within the boundaries of the Lake Traverse Indian Reservation.

Educational policies and programs – “Educational policies and programs” means educational policies or programs other than curricula. This includes, but is not limited to policies and programs that develop student or parent knowledge, skills, or involvement with educational institutions.

Education standards – “Educational standards” means minimum levels of performance that tribal educational institutions attain, or minimum requirements that educational institutions meet, to provide and document quality curriculum, and quality educational policies and programs.

Educators – “Educators” mean the professional staff of educational institutions such as professionals and para-professionals, as defined according to the governing boards, administrators, and counselors.

Equally Qualified – “Equally Qualified” means the qualifications are equal of the Professional and Para-Professional personnel in education, experience and other qualities defined by the local school boards, policy council and board of trustees.

Governing body of tribal educational institutions – “Governing body of tribal school” or “governing body” is the authorized administrative body of a tribal school responsible for developing, maintaining, and providing educational opportunities and services and includes but is not limited tribal school boards.

Governing board of the Head Start Program – The Governing Body of the Head Start Program is the Head Start Policy Council.

Head Start Policy Council – The Head Start Policy Council means the formal group of parents and community representatives required to be established by Grantee (Sisseton Wahpeton Oyate) assist in decisions about the planning and operation of the program.

Indian preference – “Indian preference” means the Sisseton Wahpeton Oyate tribal priority, then, second priority is other tribes.

Parent – “Parent” means anyone who is a parent, legal guardian, or custodian of a student including, but not limited to grandparents, parent groups, and committees established under federal, state, and tribal education law.

Parenting and family life – “Parenting and family life” means all aspects of the familial relationship and responsibilities, including but not limited to family responsibilities, child growth and development, child birth and child care, prenatal and postnatal care for infants and mothers, prevention of child abuse, and related topics.

Policies and procedures regarding school governance – “Policies and procedures regarding school governance” means educational policies and procedures prescribed under federal, state, and tribal law.

Reservation – “Reservation” means all land, waters, and waterways within the exterior boundaries of the Lake Traverse Reservation as set forth in the Treaty of February 19, 1867.

School Policy – School Board adopted statement that governs school actions.

State school – “State school” is any school financed or controlled by the state offering grades Pre-Kindergarten through twelfth, or any part of this span, located on the Reservation or serving a significant amount of Sisseton-Wahpeton youth.

School – “School” is a place, institution, or process for formal teaching and learning.

School Board – “School Board” is the authorized governing body responsible for developing, maintaining, and locating educational institutions, and for providing educational opportunities and services.

Sisseton-Wahpeton youth – “Sisseton-Wahpeton youth” means any child enrolled in Pre-Kindergarten through College, who is enrolled or eligible for enrollment in the Sisseton-Wahpeton Oyate.

State – “State” or “State government” means the state in which a school is located or a political subdivision of that state.

Student – “Student” means anyone who is officially enrolled in a school.

Tribal Constitution – “Tribal Constitution” or “constitution” means the Revised Constitution and By-Laws of the Sisseton-Wahpeton Oyate.

Tribal Council – “Tribal Council” or “Council” means the Sisseton-Wahpeton Oyate Tribal Council.

Tribal School – “Tribal school" is any education program organized by the Tribal Council or the Oyate offering education up to grade twelve. Tribal school includes, but is not limited to chartered educational institutions, chartered educational programs, adult education and early childhood programs.

Tribal Secretary – “Tribal Secretary” or “Secretary” means the Tribal Secretary of the Sisseton-Wahpeton Oyate.

Tribal Government – “Tribal Government” means the official government of the Sisseton-Wahpeton Oyate.

Oyate – “Oyate” or “tribal” means the Sisseton-Wahpeton Oyate and includes the Sisseton-Wahpeton people as a distinct cultural, ethnic, geographical, and political entity.

66-01-05 – Construction of tense use

In construing the provisions of this Tribal Education Code, the present tense includes the past and future tenses, and the future tense includes the present.

66-01-06 – Masculine gender inclusive

In construing the provisions of this Tribal Education Code, the masculine gender includes the feminine and the neuter genders.

66-01-07 – Reference to Code includes amendments

When a reference is made to any portion of this Tribal Education Code, the reference shall include all amendments and additions made to the Code.

66-01-08 – Severability

If any part of this Tribal Education Code is invalidated by a court of competent jurisdiction, all valid parts that are severable from the invalid portion remain in effect. If a part of the Code is invalidated on one or more of its applications, that part remains in effect in all valid applications that are severable from the invalid application.

66-01-09 – Repeal of inconsistent ordinances

All education ordinances, resolutions, and other laws inconsistent with this Tribal Education Code are repealed. To the extent that the Tribal Code provides any other tribal law regarding education, this Code shall govern.

Subchapter 2 – Tribal Council

66-02-01 – Tribal Council to establish the Education Board of Regents

The Tribal Council will establish the Education Board of Regents. The Tribal Council shall:

(a) Education Board of Regents

The Tribal Council will establish the Education Board of Regents with a team of ten members, the following positions will be on the board: Tribal Secretary, one appointed member from the cultural preservation committee, one appointed member from each governing education board, the College President, the TZTS Superintendent, the ESDS Superintendent, and the Head Start Director;

(b) Review reporting by the Education Board of Regents

The Tribal Council shall review regular reporting by the Education Board of Regents regarding the condition, needs, and progress of education on the Reservation, including an annual State of the Reservation Education Report provided in 66-04-03(d) of this Code;

(c) Tribal education standards

The Education Board of Regents shall ratify, reject or amend tribal education standards in accordance with the Education Code;

(d) Tribal education policies or delegate authority to Tribal Secretary

The Education Board of Regents shall ratify, reject or amend tribal educational policies and programs in accordance with the Education Code;

(e) Actively promote and assist coordination of tribal services and programs

The Education Board of Regents shall actively promote and assist the coordination of tribal services and programs on critical education issues to meet the intents, purposes, and policies of the Education Code;

(f) Seek grants and funding for education improvement

The Education Board of Regents shall seek federal, state, and private funding and grants for the improvement of education on the Reservation, including funding and grants for research, planning, and evaluation of educational services;

(g) Promote local control of education

The Education Board of Regents shall actively promote local control of education through charters consistent with the intents, purposes and policies of the Education Code;

(h) Establish advisory commissions and committees on education policies and legislation as necessary

The Education Board of Regents shall establish advisory commissions and committees on education as necessary. These commissions or committees shall serve in an advisory capacity in the development of tribal education legislation and policies, and other matters affecting education on the Reservation.

66-02-02 - Apportionment

Unless otherwise specified by Tribal Code, 5% of all profits from tribal revenue will be apportioned to educational institutions, the following educational institutions will receive their apportionment based the previous years total school enrollment of Sisseton Wahpeton Oyate tribal members: Tiospa Zina Tribal School, Enemy Swim Day School, Sisseton Wahpeton Head Start, Sisseton Wahpeton College. The total enrollment will be submitted to the SWO Tribal Vice-Chairman by June 15. The SWO Enrollment Office will verify tribal enrollment of the names submitted. The SWO Tribal Vice-Chairman will distribute the apportionment in 12 installments beginning in July of each school year. Tribal Council reserves the right to approve special requests above the 5% apportionment.

66-02-03 – Tribal Higher Education Scholarship Program

The Tribal Council shall appropriate at least $750,000 annually for higher education scholarship fund. The program shall be managed under the direction of the Tribal Secretary.

66-02-04 – Accreditation

The Board of Regents will make a recommendation to the Sisseton Wahpeton Oyate Council for the approval of accreditation of each educational institution within the boundaries of the Lake Traverse Indian Reservation. The Board of Regents in conjunction with the Education Director will develop and annually review the procedures and guidelines for accreditation for Council approval.
Subchapter 3 – Tribal Secretary

66-03-01 – Tribal Secretary is policy determining body of Education Board of Regents

Subject to ratification by the Tribal Council, the Tribal Secretary shall be the policy determining body of the Education Board of Regents. As the policy determining body, the Tribal Secretary shall:

(a) Employ Director of Education Board of Regents.

Subject to ratification by the Tribal Council, the Tribal Secretary shall employ a Director of the Education Board of Regents; Subject to the approval of Tribal Council, the Tribal Secretary shall establish Director’s qualifications and job advertisement.

(b) Employ Tribal Education Staff

Subject to ratification by the Tribal Council, the Tribal Secretary shall employ the Tribal Education Staff, who shall work under the supervision of the Director;

(c) Review regular reporting by the Education Board of Regents

The Tribal Secretary shall require and review regular bi-monthly oral or written reports by the Education Board of Regents regarding the condition, needs, and progress of education on the Reservation. The Tribal Secretary shall review the annual State of the Reservation Education Report as provided in the this Code;

(d) Make regular reports on education to the Tribal Council

The Tribal Secretary shall make a monthly report to the Tribal Council regarding education issues. The Tribal Secretary shall keep Tribal Council informed on issues that might require Tribal Council ratification in the future.

(e) Actively promote and assist coordination of tribal services and programs

The Tribal Secretary shall actively promote and assist the coordination of tribal services and programs critical to education issues needed to fulfill the intents, purposes and policies of the this Code;

(f) Review and recommend contracts and agreements with consultants

The Tribal Secretary shall review and recommend to Tribal Council contracts and agreements with consultants consistent with this Code.

(g) Review and recommend tribal standards

The Tribal Secretary shall review and recommend to Tribal Council standards developed by the Education Board of Regents in accordance with the this Code;

(h) Review and recommend tribal education standards

The Tribal Secretary shall review and recommend to Tribal Council tribal educational standards developed by the Education Board of Regents in accordance with the this Code;

(i) Review and recommend policies and programs

The Tribal Secretary shall review and recommend to Tribal Council tribal education policies and programs developed by the Director under the guidance of the Education Board of Regents in accordance with this Code;

(j) Review rules recommended by the Director or recommend delegation of rule-making authority to Tribal Council

The Tribal Secretary shall review and recommend to Tribal Council adoption of rules recommended by the Director. As the Tribal Secretary deems necessary, the Tribal Secretary may recommend to Tribal Council delegating the rule-making authority to the Director;

(k) Review and recommend Education Board of Regents appropriations and operating budget

The Tribal Secretary shall review and recommend appropriations and operating budgets for the Education Board of Regents consistent with this Code. The Tribal Secretary shall submit these recommendations to the Tribal Council for ratification of funding for equipment, facilities and resources that the Tribal Secretary deems advisable to meet the intents, proposes, and policies of the this Code;

(l) Seek grants and funding for education improvements

The Tribal Secretary shall seek federal, state, and private funding and grants for improving education on the Reservation, including funding and grants for research, planning and evaluation of educational services; and

(m) Promote local control of education

The Tribal Secretary shall actively promote local control of education through charters consistent with the intents and purposes of the Education Code.

(n) Tribal Higher Education Scholarship Program

The Tribal Secretary shall delegate the management of the Tribal Higher Education Scholarship Program.

Subchapter 4 – Education Board of Regents

66-04-01 – Creation of Education Board of Regents

This Code creates in the Tribal Government, under the Tribal Secretary’s Office, a Education Board of Regents with the power and duty to administer and enforce this Tribal Education Code and other tribal education laws unless such powers are otherwise delegated.

The Education Board of Regents will possess favorable background reports according to the Indian Child Welfare Act and other applicable statutes.

66-04-02 – Tribal Council to employ Director of Tribal Education

The Tribal Secretary in concurrence with the Board of Regents will advertise according to the tribal hiring policies and recommend for employment a Director of Tribal Education. The Director shall be a full-time employee of the Oyate and shall maintain an office near Agency Village.

(a) Qualifications and salary of Director

The Tribal Secretary in concurrence with the Board of Regents shall establish the qualifications and salary of the Director of Tribal Education. The Director will possess favorable background reports according to the Indian Child Welfare Act and other applicable statutes.

(b) Tribal Secretary to serve as acting director during vacancies.

During periods in which the Director’s position is vacant, the Tribal Secretary shall serve in a non-salaried capacity as Acting Director of the Education Board of Regents.

(c) Director to employ qualified staff of Education Board of Regents

Subject to approval of the Tribal Secretary, the Director shall have the power and duty to employ qualified professional, clerical, and other employees. The employees may be full-time, part-time and/or temporary as necessary for the administration of this Code. The Director shall plan and direct the duties and responsibilities of the Education Board of Regents staff and shall ensure that the staff caries out their duties and responsibilities. The Director shall ensure that the Education Board of Regents staff is qualified and receives appropriate professional training.

The Staff will possess favorable background reports according to the Indian Child Welfare Act and other applicable statutes.

66-04-03 – Power and duties of Director

The Director shall be the primary administrator and enforcer of the Tribal Education Code. Subject to the authority of the Tribal Council and Tribal Secretary, the Director shall have the principle power and duty to administer and enforce the Tribal Education Code.

(a) As the principal administrator and enforcer of the Tribal Education Code the Director shall:

(1) Oversee the administration and operation of the Education Board of Regents’s functions and oversee the compliance by educational institutions with the Tribal Code;

(2) Maintain current knowledge of the law and procedures in administration and enforcement of tribal education laws, and serve as the principle technical and professional advisor to the Tribal Council on all matters relating to the Code and education on the reservation;

(3) Provide leadership in and otherwise promote the improvement of education on the Reservation through constant contact with educators, personal appearances at public gatherings, research, planning, and evaluation of education service; and

(4) Seek and coordinate tribal and non-tribal resources to implement this Tribal Education Code an to improve generally the condition, needs, and progress of education on the reservation;

(b) The Director shall maintain an office for filing and records

The Director shall establish and maintain an office in Agency Village provided by the Oyate. In maintaining this office, the Director shall keep records of all matters pertaining to the Education Board of Regents. The Director shall file all papers, reports, public documents, and other data transmitted to the Director and hold this open to inspection by the Tribal Secretary and Tribal Council.

(c) The Director shall establish a uniform data gathering, compiling, and reporting system

The Director shall establish a uniform system for gathering, compiling and reporting educational data from educational institutions, the tribal government, the state and federal governments. The Education Board of Regents shall evaluate the data to ensure compliance with this Code and to improve generally the conditions, needs and progress of education on the Reservation. The system shall include but not be limited to:

(1) receiving and examining written data, policies and procedures regarding school governance, self assessment by the Head Start Program and educational policies and programs provided by educational institutions; the Education Board of Regents shall specify a format for reporting educational data by the state and educational institutions;

(2) establishing a human network system comprised of educators, administrative or professional staff of other tribal and non-tribal agencies, Education Board of Regents, and programs, members of the community, and parents; the Director shall call and conduct meetings with the network at least twice a year; at these meetings, through discussion and explanation, the Director shall endeavor to establish, maintain, and refine administration and enforcement of the Tribal Education code, standards, programs, and rules developed under the Code;

(3) on-site assessment visits to educational institutions conducted by an evaluation team. In the case of educational institutions, each team shall include:

(1) the Director of the Education Board of Regents,

(2) the Tribal Secretary, and

(3) a member of the state Education Board of Regents of education or a local school administrator;

in the case of other educational institutions, each team shall include:

(1) the Director of the Education Board of Regents,

(2) the Tribal Secretary, and

(3) a member of the Bureau of Indian Affairs area office or agency.

The Education Board of Regents shall conduct these on-site visits at least once every three years for educational institutions and once every two years for educational institutions. The team shall evaluate compliance with this Code; the problems and progress of the students, action taken to correct problems and previous areas of noncompliance, and other issues identified during data gathering.

(d) The Director shall report results of gathering and compiling data to Tribal Secretary, Tribal Council, and school boards or governing bodies

The Director shall report results of gathering and compiling data to Tribal Secretary, Tribal Council, school boards or governing bodies, and any other educational institution to which the data pertains. The report shall include, but not be limited to, a state of the Reservation Education Report prepared annually by the Education Board of Regents. The State of the Reservation report shall detail the conditions, needs and current progress of education on the reservation and shall include the Director’s recommendations on needed Tribal education legislation and needed Tribal action on behalf of education.

(e) The Director shall communicate the Tribal Education Code to school boards, governing bodies of other educational institutions, and educators

The Director shall communicate the Tribal Education Code to school boards, governing bodies, and educators the information and instructions regarding curriculum, education standards, and educational policies and programs established and developed under this Code.

(f) The Director under the guidance of Board of Regents shall act as a liaison between the Oyate and other Government entities on education matters

The Director under the guidance of the Board of Regents shall act as a continuous liaison between the Oyate and other government entities on education matters. This shall include attending and interacting at meetings of the school board, the State Board of Education, and the state legislature. The Director shall serve on Tribal or state committees as directed by the Tribal Secretary or Tribal Council.

(g) Coordinate the services and activities of the Education Board of Regents and negotiate cooperative agreements

(1) The Director shall coordinate the services and activities of the Education Board of Regents with those of other Education Board of Regents, agencies, offices, entities, and programs of the Oyate and with those of the state and federal government to ensure that the intents, purposes, and policies of this Code are pursued, including the policy of developing cooperative working relationships with the state and federal governments.

(2) The Director is authorized to negotiate cooperative agreements between the Education Board of Regents and school boards, governing bodies, chartered educational programs, educational institutions, and other tribal Education Board of Regents, agencies, offices, entities, and programs to facilitate the coordination of services and activities of the Education Board of Regents. Any cooperative agreement negotiated under this section is ineffective until review by the Tribal Secretary and ratified by the Tribal Council.

(h) Hire or contract with consultants

The Director may hire or contract consultants as the Director deems necessary to administer and enforce this Code, subject to review by the Tribal Secretary and ratification by Tribal Council.

(i) Develop tribal education standards

The Director under the guidance of the Board of Regents shall develop tribal education standards in accordance with this Code.

(j) Recommend a tribal orthography

The Director under the guidance of the Board of Regents shall recommend a tribal orthography to Tribal Council for adoption.

(k) Enforce and evaluate compliance by educational institutions with tribal curriculum and education standards

On behalf of the Oyate, and jointly with the state, the Director shall enforce compliance by educational institutions with the tribal curriculum and tribal education standards. The Director shall evaluate compliance as part of the data gathering provisions of this Code.

(l) Enforce and evaluate compliance by educational institutions with tribal curriculum and educational standards

The Director under the guidance of the Board of Regents shall enforce compliance by educational institutions with the tribal curriculum and tribal education standards. The Director shall evaluate compliance as part of the data gathering provisions of this Code.

(m) Develop and enforce tribal educational policies and programs and evaluate compliance by state and educational institutions with tribal educational programs

The Director under the guidance of the Board of Regents shall develop tribal educational policies and programs in the areas specified and in accordance with this Code. The Director shall enforce compliance by educational institutions with the Tribal education policies and programs as part of the data gathering process.

(n) With Sisseton Wahpeton College, develop accredited tribal certification and recertification courses for educators, and work with the College in other areas of education

The Director shall work with Sisseton Wahpeton College to develop accredited tribal certification and recertification courses for educators in accordance with this Code. The Director shall work with the College, as necessary, to implement the provisions of this Code, including the tribal curriculum, tribal education standards, and educational programs and policies provisions. The Director shall work with the College regarding research for improving education on the Reservation, and promoting leadership in education on the Reservation.

(o) Review budget estimates of and appropriations for educational institutions and other educational institutions

The Director shall participate in public hearings and other budget and finance processes of state and educational institutions. The Director shall review budget and financial information provided by state and educational institutions. The Director shall review the budgets to determine the links between budgets or financial plans and meeting the intents, purposes and policies of this Code.

(p) Develop advisable rules

The Director under the guidance of the Board of Regents shall develop and recommend to the Tribal Secretary any rules or action that the Director deems advisable to meet the needs of students and improve education on the Reservation. These rules shall become effective after review by the Tribal Secretary and ratification by the Tribal Council. The Tribal Council may delegate the rule-making authority to the Director as it deems necessary. The Director may exercise the delegated rule-making authority in a manner not inconsistent with the Code, tribal law, or federal law.

(q) Report and consult with the Tribal Secretary

In all matters relating to the Director’s duties, the Director shall report and consult with the Tribal Secretary at least twice a month.

66-04-04 – Education Board of Regents Budget Preparation and Fiscal Management Responsibility

(a) Director to prepare Education Board of Regents budget

The Director shall annually prepare a written budget for the operation of the Education Board of Regents. The budget shall include, but not be limited, salaries, vehicles, travel and per diem expenses, supplies, communication equipment, consultants, and data gathering, compiling, and reporting facilities. The Director shall timely submit the budget along with a written justification to the Tribal Secretary for review and the Tribal Council for ratification. The Director shall make any necessary presentations and attend any necessary hearings regarding the budget. The Director shall participate in the preparation of budgets for other education needs and matters of the Oyate when so authorized by the Tribal Secretary.

(b) Director to be responsible for the proper management of annual Education Board of Regents appropriation

The Director shall be responsible for the proper management of the annual appropriation for the operation of the Education Board of Regents. The Director shall adhere to established tribal expenditure policies and procedures in administering the appropriation. The Director shall maintain regular contact with the Treasurer of the Oyate on accounting matters, and cooperate with auditors during audits as required by law. The Director shall be responsible for tribal properties assigned to the Education Board of Regents and ensure the proper use of these tribal properties.

Subchapter 5 – School Boards and Governing Bodies

66-05-01 – Governing bodies of educational institutions

(a) Establishment of governing body

Tribal Council shall establish governing bodies of educational institutions by charter or other means of enactment. The governing bodies shall establish the membership qualifications, powers, authority, duties, composition, compensation, and operation of the governing bodies of educational institutions through charter.

(b) Local control of education encouraged

The Sisseton-Wahpeton Oyate encourages and supports local control of tribal education. The administration of educational institutions shall be under the guidance and direction of the governing bodies of each educational institution.

(c) Governing bodies of educational institutions shall develop written policies

Governing bodies of educational institutions shall develop written policies regarding school governance, personnel matters, staff conduct, student conduct, teacher evaluation, parental involvement, residential policies, graduation requirements, academic policies and related topics. Governing bodies will communicate these policies to administration, staff, students and parents. Governing bodies shall implement its policies in a consistent and impartial manner.

(d) Tribal Education Code governs governing bodies of educational institutions

In addition to the charter or other enactment creating educational institutions, the Education Code and other Tribal law as specified in this code applies to the governing body of tribal school.

(e) Governing bodies of educational entities shall cooperate with the Education Board of Regents

The governing body of tribal school shall ensure that its school and staff cooperate with the Education Board of Regents to implement the Education Code. In cooperating with the Education Board of Regents, the governing body of a tribal school shall provide written education data to the Education Board of Regents annually in the format specified by the Education Board of Regents and ensure that the governing body’s educators participate in the human network system provided in this Code.

(f) Governing bodies of educational institutions shall provide policies and procedures to the Education Board of Regents and align policies with the Education Code.

The governing body of educational institutions shall provide a complete and current copy of all existing written policies and procedures regarding school governance to the Education Board of Regents.

(g) Governing body of tribal school shall ensure that educational institutions attain tribal education standards

The governing body of a tribal school shall ensure that the educational institutions attain or meet the tribal education standards provided for and developed under this Code.

66-05-02 – School Boards

(a) Laws govern state school boards

School boards are subject to this Code, other tribal law as specified in this Code.

(b) School boards to cooperate with the Education Board of Regents

School boards shall ensure that their educational institutions and staff cooperate with the Education Board of Regents in the implementation of this Code and in addressing other education problems and issues that arise on the Reservation. Such cooperation shall include, but not be limited to:

(1) providing written educational data to the Education Board of Regents annually following the format specified by the Education Board of Regents;

(2) ensuring that their educators participate effectively in the human network system provided for by this Code; and

(3) ensuring that their administrators participate effectively in the on-site assessment evaluation teams provided for by this code.

(c) School boards to provide policies and procedures to Education Board of Regents and align them with Tribal Education Code

School boards shall provide a complete and current copy of all existing written policies and procedures regarding school governance to the Education Board of Regents.

(d) School boards to ensure that educational institutions attain tribal education standards

School boards shall ensure that educational institutions attain or meet the tribal education standards provided for and developed under this Code.

Subchapter 6 - Education Standards

66-06-01 – Procedures for developing a tribal standards

In developing the tribal standards, the Education Board of Regents shall:

(a) Review the education standards of educational institutions

Review the current education standards of educational institutions and other educational institutions for:

(1) the attainment of academic excellence and high, but realistic expectations for all students;

(2) competence in all basic academic and cognitive skills;

(3) competence in English language and knowledge of the non-Indian American culture governments, economics, and environment;

(4) competence in Dakota language and knowledge of Dakota culture, government, economics, and environment;

(5) knowledge of the history of the Sisseton-Wahpeton Oyate and the role of tribal members in promoting the future of the Oyate;

(6) development of students as healthy individuals, members of families and communities, parents, citizens of the Oyate and the United States;

(7) development of self-discipline and positive self-worth;

(8) development of respect for all other living beings;

(9) development of an attitude which encourages life-time learning, decision making and undertaking the responsibilities of family life, community and tribal affairs, employment, recreation, and the use of the environment; and

(10) parental community involvement in the formal education process whereby the educational aspirations and the cultural values of parents and community members are promoted and respected.

(b) Coordinate and consult with school boards and governing bodies

Coordinate and consult with school boards and governing bodies of educational institutions.

(c) Consult with the cultural preservation committee, educators, community members, parents, and students

Consult with and obtain comments and input from cultural preservation committee, educators, community members, parents, and students.

(d) Keep education standards on file

Maintain a file in the Education Board of Regents with copies of all current standards, and proposed changes to standards for public inspections consistent with tribal law.

(e) Tribal education standards

Tribal education standards will be consistent with the standards of tribal law.

(f) Circulate tribal education standards for review and comment

Circulate for forty five (45) days the tribal education standards for review and comment among state school boards and governing bodies of educational institutions, selected educators, parents, members of the community and other people deemed necessary by the Education Board of Regents.

(g) Review comments on draft tribal education standards and make necessary changes

Review the comments and suggestions of those to whom the draft tribal education standards have been circulated, and after evaluating the comments and suggestions, make revisions to the education standards deemed necessary by the Education Board of Regents.

66-06-02 – Establishment of tribal education standards

The Education Board of Regents shall ratify, reject or amend the tribal education standards reviewed by the Tribal Secretary. Upon ratification these education standards shall apply to educational institutions. The tribal standards shall apply to educational institutions under enforcement by the Education Board of Regents.

66-06-03 – Education Board of Regents to maintain education standards on file for public inspection

The Education Board of Regents shall maintain on file copies of all approved tribal education standards for public inspection.

66-06-04 – Content of tribal standards

(a) Tribal standards shall include instruction in the Dakota language

The tribal standards shall include, for all grade levels/ages, instruction in the Dakota language. The Education Board of Regents shall recommend to the Tribal Council, with the Tribal Secretaries review, a proposed tribal orthography for adoption or amendment. Instruction by educational institutions shall follow the official tribal orthography adopted by the Tribal Council.

(b) Tribal standards to include Dakota culture

The tribal standards shall include, for all grade levels/ages, courses or course content that develops knowledge and an understanding of, and respect for, the Sisseton-Wahpeton Dakota culture.

(c) Tribal standards to include tribal government and the federal-tribal and state-tribal relationship

Tribal standards shall include, for all grade levels/ages, courses or course content that develops knowledge and an understanding of the historical and modern Tribal Government, including its sovereign status, its federal government-to-government relationship with the federal and state governments, and any related issue deemed necessary by the Education Board of Regents.

(d) Tribal standards to include health and nutrition instruction

The tribal standards shall include, for all grade levels/ages, courses or course content that develops knowledge and an understanding of health and nutrition practices and problems. The course or course content shall emphasize those problems that affect the Reservation, such as the effects of alcohol, nicotine, drugs and the use of noxious substances on individual, family, community and tribal life, diabetes prevention and traditional diets, and any related issue deemed necessary by the Education Board of Regents.

(e) Tribal standards to include parenting and family life

Tribal standards shall include, for all grade levels/ages, courses or course content that develops knowledge and an understanding of, and skills in parenting and family life. These courses or course content shall include information about the cultural practices of the Oyate, specific problems regarding parenting and family life on the Reservation, the need for parental and community involvement in policies and programs provided for by this Code, and any related issue deemed necessary by the Education Board of Regents.

(f) Tribal standards to include tribal and American economics

Tribal standards shall include for all grade levels/ages, courses or course content that develops knowledge and an understanding of the historical and modern Tribal economy, the American economic system, any related issue deemed necessary by the Education Board of Regents.

(g) Tribal standards to include the reservation land base, tribal natural resources, and community environments

Tribal standards shall include, for all grade levels, courses or course content that provides knowledge of the historical, political, socioeconomic, and cultural elements of the Oyate’s reservation land base and natural resources. This course or course content shall include the historical development of the reservation land base, the legal status of the reservation land tenure, cultural philosophies and value orientations about reservation land uses, past and contemporary management and practices of tribal land resources, socioeconomic impacts of tribal natural resource development, physical environmental impacts of tribal land developmental issues, vocational careers in tribal land management and decision-making, and any other issue deemed necessary by the Education Board of Regents.

66-06-05 – Educational institutions shall report compliance with tribal education standards

Educational institutions shall annually report compliance with the provisions of this Code regarding compliance with tribal curriculum to the Education Board of Regents.

66-06-06 – Education Board of Regents to evaluate and report compliance by educational institutions with tribal education standards

The Education Board of Regents shall regularly evaluate compliance by educational institutions with tribal education standards. The Education Board of Regents shall annually report its findings and recommendations regarding compliance with tribal education standards to the Tribal Secretary and Tribal Council.

66-06-07 - Tribal education standards may be exceeded

Tribal education standards do not prohibit or limit educational institutions, law, school boards or governing bodies of educational institutions from exceeding the tribal education standards. The Education Board of Regents shall publicly recognize this achievement.

66-06-08 - State and tribal school compliance

All educational institutions shall attain the tribal education standards established by the Oyate.

Subchapter 7 – Parental and Community Involvement

66-07-01 – Education Board of Regents to include parents and community members in implementation and refinement of the Tribal Education Code

The Education Board of Regents shall include parents and community members in the implementation and refinement of this Tribal Education Code. The Education Board of Regents shall involve parents in the development of education standards, and educational policies and programs, the preparation of the annual State of the Reservation Education Report and other issues. The Education Board of Regents shall accomplish this parental and community involvement through the human network system and other appropriate means. The Education Board of Regents shall strive to include and involve parents and community members in addressing specific education problems and in improving education on the Reservation.

66-07-02 – Education Board of Regents to provide annual in-service training for parents and community members

The Education Board of Regents shall provide annual in-service training for parents and community members on the priority education areas.

66-07-03 – Educational institutions, school boards, educational institutions, and governing bodies of educational institutions shall involve parents and community members

Educational institutions, school boards, educational institutions, and governing bodies of educational institutions to involve parents and community members through the following:

(a) Formal processes regarding curriculum, education standards, policies regarding school governance, education programs, and extra-curricular activities

The Education Board of Regents shall include at least one (1) parent or community member in the formal process of planning, developing, and evaluating standards, education standards, policies regarding school governance, educational policies and programs, and extra-curricular activities;

(b) Distribution of proposed standards and policies regarding school governance and curriculum and policy changes

The Education Board of Regents shall have available the most recent copies of proposed standards, policies regarding school governance, and proposed changes in standards and policy to parents and community members for review and input before the standards, policies, or changes are adopted;

(c) Develop materials regarding standards, policies, and activities.

The Education Board of Regents shall develop written materials designed to familiarize parents with the each educational institutions standards and policies detailing specific activities that parents and students may undertake together to enrich the student’s formal education experience and development; and

(d) Procedures for parent-school communication

In cooperation with the Education Board of Regents, the educational institutions shall review the procedures for communication between the parents and the educational institutions with the Education Board of Regents shall review the effectiveness of these procedures. With the Education Board of Regents and parents, the educational institutions shall strive to develop ways to improve these procedures.

66-07-04 – Educational institutions to report compliance and progress of parental and community involvement

Educational Institutions shall annually report to the Education Board of Regents their compliance and progress regarding parental and community involvement.

66-07-05 – Education Board of Regents to evaluate compliance by educational institutions with the provisions for parental and community involvement

The Education Board of Regents shall regularly evaluate the compliance and progress of state and educational institutions with the provisions of this Subchapter.

66-07-06 – Relationship of parental and community involvement to parenting and family curriculum

The provisions of this Subchapter apply to all parents and community members, including those students who are parents. The Education Board of Regents shall include in the tribal standards the need for parental and community involvement in educational institutions in the section on parenting and family life.

Subchapter 8 – Social programs and policies

66-08-01 – Educational institutions are subject to Tribal Laws

To the extent permitted by federal law, educational institutions are subject to tribal programs and policies regarding any additional social program that the Oyate adopts including tribal laws prohibiting drugs, controlled substances, and the public consumption of alcoholic beverages on the Reservation.

66-08-02 – Education Board of Regents may develop social programs

The Education Board of Regents may develop tribal programs to combat any social problems present at the educational institutions, with regard to available funding. This includes, but is not limited to: teen pregnancy, violence, and discipline issues.

66-08-03 – The Education Board of Regents may develop Tribal Drug Abuse Education Policies and Programs

The Education Board of Regents may develop a tribal alcohol, nicotine, drug abuse, and use of noxious substances education policy and/or program in accordance with the procedures for developing social policies and programs.

66-08-04 – Procedure for developing social policies and programs

In developing social policies and programs, the Education Board of Regents may:

(a) Review current policies and programs of educational institutions, focusing on the effectiveness of the policies and programs and the ability for the policies and programs to meet the needs of the students;

(b) Research and review national policies, studies, and reports particularly related to the social problem at issue for comparison purposes and potential ideas to implement on the Reservation;

(c) Consult with educators, community members, parents, and students in order to determine the needs of the students and community;

(d) Draft tribal policies and programs in consultation with the Tribal Secretary and school boards that are consistent with the policies and programs of the educational institutions, Federal law, Tribal law, and, where applicable, State law. To the extent that the policies and program conflict with the policies and programs of educational institutions or with State law, the tribal policies and programs will govern;

(e) For forty five (45) days, circulate draft policies and programs for review and comment by school boards, governing bodies, selected educators, parents, community members, and others as the Education Board of Regents deems necessary;

(f) Review comments on draft policies and programs of those to whom the draft policies were circulated and incorporate those that merit inclusion; and

(g) Submit draft policies and programs to Tribal Secretary for review to ensue that they are in accordance with the Education Code.

The Tribal Secretary shall submit properly drafted policies and programs to Tribal Council for ratification, rejection, or amendment.

66-08-05 – Education Board of Regents evaluation of compliance

The Education Board of Regents shall evaluate the compliance of educational institutions with tribal social policies and programs.

(a) The Education Board of Regents shall provide a report to the Tribal Secretary on the evaluation of the educational institutions compliance with tribal social policies and programs.

(b) The Tribal Secretary shall review and present the report to the Tribal Council.

66-08-06 – Educational institutions to provide education on maintaining good health and prevent drug abuse

Educational institutions shall educate educators, other employees, and students about the need to maintain good health and prevent alcohol, nicotine, drug abuse and the use of noxious substances. This education shall include, but not be limited to information about health curricula, educational policies and programs provided for and developed under this Code, and information about the policies of this Code as they relate to the health and survival of the Oyate.

66-08-07 – Educational Institutions initiation of Social Programs

Educational institutions are encouraged to initiate programs to combat any social problems present at the school. This includes, but is not limited to, teen pregnancy, drug abuse, discipline issues, and violence.

(a) If a tribal policy is already in effect, then the school policy and program must comply with the tribal policy.

(b) The state and tribal school should not limit these policies and programs to prevention, but should include an element that deals with coping with student’s current situation.

66-08-08 – Procedure for educational institutions to establish drug policy

Educational institutions will, in addition, to the tribal alcohol, nicotine, and drug abuse education policies and programs, provide such policies and programs in substantial compliance with the tribal alcohol, nicotine, and drug abuse education policies and programs.

(a) Educational institutions will develop their drug policies and programs in conjunction with the Education Board of Regents to ensure consistency with the Tribal Drug policies and programs.

(b) Educational institutions must report compliance with tribal alcohol, nicotine or tobacco, and drug abuse education policies and programs to the Education Board of Regents in their annual State of the Reservation Education Report.

66-08-09 – Tribal Juvenile Court as last resort

In implementing the section on alcohol, nicotine, and drug abuse education, the Sisseton-Wahpeton Oyate Juvenile Court shall be used only as a last resort.

Subchapter 9 – Educators

66-09-01 – Qualifications

All educators in educational institutions shall be qualified in their teaching assignment according to federal and tribal law. All educators shall gain and maintain specific knowledge and skills that will assist in improving their ability to serve students in the priority areas established by the Education Board of Regents as set forth in this Code.

66-09-02 – Training

The Education Board of Regents shall regularly identify certification and recertification areas appropriate for educators. The Education Board of Regents shall consult and coordinate with school boards, governing bodies and the Sisseton Wahpeton College in identifying these areas. The Education Board of Regents and the College shall develop and make available accredited courses for certification and recertification of educators.

66-09-03 – Competency guidelines and evaluations

Educational institutions shall evaluate staff according to their personal policies.

66-09-04 – Certification

All educators that are employed by the Educational institutions on the Lake Traverse Reservation shall possess Tribal Certification. Tribal Certification includes: Proficiency or 3 credit hours of Dakota Language and 3 credit hours of Dakota culture/history (or other pertinent Dakota course) within of 2 years of the date of employment.

66-09-05 - Recertification

The recertification cycle will be every five years. The minimum requirements to qualify for recertification will include: Proof of Dakota Language (competency &/or 3 credit course) and Dakota Culture (3 credit course).

Continuing Professional Development to meet the requirements will be facilitate through the individual employer.

66-09-06 - Hiring and retention

Educators must satisfy tribal certification and recertification requirements as provided by this Tribal Education Code.

66-09-07 Fee for Certification and Recertification

A fee will be set by the Education Board of Regents.

Subchapter 10 – Indian Preference

66-10-01 – Education Board of Regents to apply Indian preference

In implementing this Code, the Education Board of Regents shall apply Indian preference in hiring, training, retention, and promotion of all staff, personnel, consultants, and contractors. Indian Preference means equally qualified for Professional and Para-professionals as defined by the local school boards, policy councils and board of trustees. “Equally Qualified” means the qualifications are equal of the Professional and Para-Professional personnel in education, experience and other qualities defined by the local school boards, policy council and board of trustees.

66-10-02 – Educational institutions to apply Indian preference

Educational institutions shall apply Indian preference in the hiring, training, retention, and promotion of all personnel, including but not limited to educators and support personnel.

Subchapter 11 – Attendance Policy

66-11-01 – Mandatory Attendance

Every person who has a child under their care between the ages of five and eighteen years shall assure the attendance of the child(ren) in school according to the Juvenile and Penal codes.

66-11-02 – Exceptions to Mandatory Attendance Civil Sanctions

A child and his parent, guardian, or custodian shall be excused from the requirements of the Mandatory Attendance Policy found at 66-11-01 of this Subchapter and will not be subject to the penalties set out in this Subchapter if:

(a) The school attended by the child has excused that child from attendance because the child is physically or mentally unable to attend school and the school is providing all legally required services in a home-based or other program approved by the Education Board of Regents;

(b) The child is attending a residential school approved by the Education Board of Regents;

(c) The child has been temporarily excused upon the request of his parents, guardian, or custodian for a purpose agreed upon by the school;

(d) The child is temporarily absent from school with the consent of his parents in order to attend prior school approved cultural events;

(e) The child is eightteen years of age or older and has received a high school certification of completion/diploma or a certificate of educational competence (GED);

(f) There is an illness in the child’s immediate family, making his presence at home a necessity or his presence in school a menace to the health of other students.

66-11-03 – Civil Sanctions

(a) Failure to Send a Child to School

Any person having permanent care or custody of a child who knowingly neglects or refuses to send his child or any child in his care to school until the child is eighteen (18) years is subject to penalties as stated in the Juvenile and Penal codes.

(b) Penalties

Violation penalties of Failure to Send a Child to School are outlined in the Juvenile and Penal Codes.

66-11-04 – Truancy

(a)The Director shall appoint one or more truancy officer(s)

The Director shall appoint one or more truancy officer(s) whose primary responsibilities shall be to enforce the provisions of this code.

(b) Powers and duties of truancy officer

(1) When the truancy officer is notified that a child may be truant, the officer shall make every reasonable attempt to locate the child. Reasonable effort to locate the child includes, but is not limited to, surveying the area around the school, going to the house where the child lives, or going to any known locations where the child may be.

(2) If, after locating a child, the officer has reasonable grounds to believe that the child is truant, the officer shall detain the child and make every reasonable effort to notify the child’s guardian and schedule a conference with the guardian. Reasonable effort to notify the child’s guardian includes attempting to contact the parent or guardian at home and work via the telephone or any other method that the parent has included in the child’s enrollment application.

(3) Once the truancy officer determines which school the child should be attending, the officer shall hand over custody of the child to the person having charge of the school where the child is required by law to attend.

(4) The truancy officer will keep records of all unexcused absences that he shall report monthly to the school board or governing body. If there is a stated reason for the absence, the truancy officer shall include this in the report.

66-11-05 – Cooperative Agreement for Truancy

The Education Board of Regents shall form a cooperative agreement with the State truancy officer regarding any children enrolled at Sisseton-Wahpeton Oyate that are attending a state school to ensure the enforcement of tribal attendance laws.

66-11-06 – Educational Institution Responsibilities

Each educational institution board are responsible to develop policies, in conjunction with the Tribal Juvenile and penal codes, in regards to Attendance.

Education Department Flowchart