BISMARCK PUBLIC SCHOOLS DISTRICT #1

BISMARCK, NORTH DAKOTA

 

Constitution and By-laws of the 
Title VI Native American Parent Committee of

Bismarck Public Schools District #1

 

MISSION

• Promote awareness and understanding of district resources and services among the Native American community.
• Promote participation in and support for district programs among Native American parents.
• Work in partnership with district efforts to achieve high standards for all students.

 

ARTICLE I:  Name of Committee

The name of this organization shall be the Title VI Native American Parent Committee.  The period of duration of this committee shall be concurrent to the funding of Title VI Indian Education.

 

ARTICLE II:  Committee Structure-Membership

Section 1. Composition:                                                                                                                                                 
More than half of the committee must be parents of project-enrolled Indian children, at least one member must be a district teacher and at least one member must be a project-enrolled secondary student. (A parent is any person who, on the date of an election for Native American Parent Committee membership, is the parent or person acting as a parent (in loco parentis) of a project-enrolled student).  The Native American Parent Committee shall consist of no less than five and no more than seven eligible members.

 

Section 2.  Eligibility: 

The composition of the Native American Parent Committee will be made up from the following:

1. Parents of project-enrolled students, including individuals acting “in loco parentis” [legal guardian of a project-enrolled student].
2. District teachers.
3. Project enrolled secondary school students.

A member will no longer be eligible to serve on the Native American Parent Committee if:

1. The parent representative’s child no longer attends the district.
2. The district no longer employs the teacher representative.
3. The student representative no longer attends a district school.

 

Section 4.  Election of Committee:

The committee membership shall be established through a general election among all eligible constituents at the regular scheduled meeting.  Nominations will be taken at the first meeting of the school year.  Those nominees who receive the largest pluralities in the total vote count will be elected. Each officer of the committee shall hold his or her office from annual meeting to annual meeting. Officers (chair, vice-chair and secretary) shall be elected by the first official meeting of the new committee. This will be considered the re-organizational meeting.

To assure compliance with Title VI regulations, two (2) regular positions shall be reserved for the Native American Parent Committee: one (1) teacher/counselor and one secondary student.  If there are no student or teacher nominees, the committee shall seek appointments for these two positions from the district.

1. Nominees must be present to be elected.
2. Ex-officio/honorary memberships may be awarded by the majority vote of the quorum. These members will receive meeting notices and participate in meetings but may not vote.
3. Memberships to the Native American Parent Committee cannot be transferred.

 

Section 5.  Term of membership:

The term of committee membership will be two (2) years.

 

Section 6.  Termination of membership:

1. A member may be removed from the Native American Parent Committee upon missing three (3) consecutive regular meetings for which he/she has not provided prior notification. A member must notify a Native American Parent Committee officer prior to the scheduled meeting if he/she cannot attend or contact the Title VI office.
2. Termination of a Native American Parent Committee member will be carried out by a majority vote of the quorum. The Chairperson shall give notification of termination in writing.

 

Section 8.  Resignation:

Any member may resign either in writing or by notifying the Native American Parent Committee Chairperson or Project Coordinator. The chairperson will inform the Native American Parent Committee of the resignation at the next formal meeting.

 

Section 9. Removal:  
The parent committee may by majority vote remove any member of the committee for:

1. Neglect of duty.
2. Being found guilty of any gross misdemeanor or felony charge in state, federal or tribal court of law.
3. Proven violations of the committee by-laws.

 

Section 10.  Due Process: 

Any member of the parent committee removed for any reason stated above shall have access to due process to appeal the decision of the committee or the membership.  Due process shall include the following:

1. The committee shall provide a written notification of the decision to the member removed, by certified mail (return receipt requested) stating the reason for removal, effective dates of removal and a copy of the due process procedure.
2. The individual deciding to appeal her/his removal shall file an appeal in writing to the committee chair within 15 days of receipt of the removal notice, stating his/her case of appeal.
3. The committee shall respond to the individual within 30 days of receipt of appeal.
4. If not satisfied, the individual may request to testify his/her case before the full committee; and shall have the opportunity to have witnesses on his/her consideration by the committee.
5. The committee shall consider any and all information presented to them in the case of the appeal, and shall render a final decision to the individual within 15 days of the hearing.
6. The committee, nor any individual of the committee, shall not be held liable for any personal or legal costs incurred by the individual appealing the due process.

 

Section 11.  Vacancies:

Any Native American Parent Committee vacancy shall be filled by the affirmative vote of the majority of the quorum of the Native American Parent Committee.  The potential member with the highest number of votes will fill the vacancy.  The new member will serve only for the term of the vacant member.

 

Section 12.  Voting rights: 

Each regular Native American Parent Committee member except the Chairperson shall have one vote in any matter submitted to the Native American Parent Committee for general vote.  The Chairperson shall vote (a) to break a tie or (b) to cause a tie, therefore defeating the motion.  Proxy voting and absentee voting will not be permitted.  However, committee members may vote by media if they have been part of the full discussion prior to the vote.

1. Alternate committee members may vote only when elected to fill a vacancy of a regular member or when appointed by the Chairperson to fill the temporary absence of a regular Native American Parent Committee member.
2. Any concern relating to a conflict of interest in voting may be raised by any Native American Parent Committee member and will be decided by committee vote.

 

Section 13.  Delegates:

Native American Parent Committee representatives to national, regional and state training conferences will be chosen based upon their attendance and active participation at Native American Parent Committee meetings and functions when funding permits.

1. Selected delegates/representatives will be expected to attend the entire length of the conference.
2. Selected delegates/representatives will give a verbal report of the conference information obtained at the next regular Native American Parent Committee meeting.

 

ARTICLE III:  Duties and Limitations

Section 1. Duties: 

The Native American Parent Committee shall have the responsibility to participate fully in the planning, development, implementation and evaluation of all the services and activities provided by the project.  In addition, the Native American Parent Committee may:

1. Monitor and evaluate the ongoing progress of the project towards meeting established goals and objectives and recommend appropriate action to the project coordinator.
2. Review and analyze the district-wide annual data disaggregated report for all students.
3. Participate in the preparation, monitoring and revision of the project budget and work plan.
4. Approve the annual grant application and any subsequent revisions in writing prior to submission.
5. Advise the district personnel department in developing and refining project staff job descriptions.
6. Serve on application screening and candidate interview committees to make recommendations for hiring project staff.
7. Act as a forum in which to discuss community issues, needs and recommendations related to the district educational program.
8. Review, amend and approve parent committee by-laws.
9. Solicit input from the Indian community by planning a minimum of one (1) public hearing per school year to obtain comments and recommendations regarding the goals and operation of the project.

 

Section 2.  Limitations: 

The Native American Parent Committee shall have no power to bind any member of the school district to any debt, without an express written authorization from the school district:

1. The Native American Parent Committee shall not pay any member for carrying out the delineated responsibilities in the by-laws.
2. The committee shall have no powers other than those specified herein.
3. Members will avoid any appearance of a conflict of interest by abstaining from voting on any project matter, which may benefit their immediate family more than the rest of the project population.
4. Native American Parent Committee members shall not work for the Title VI Project.
5. No more than one family member per household may serve as a voting member of the Native American Parent Committee.

 

ARTICLE IV:  Officers and Duties

Section 1.  Officer Titles:

Officers will be as follows: Chairperson, Vice-Chairperson, and Secretary.

 

Section 2.  Duties of Officers:

The Chairperson shall perform all duties incident of the position and the Native American Parent Committee meeting may prescribe such other duties as: 

The duties of the Chairperson will be to:

1. Know the major rules or parliamentary procedures of conducting a meeting.
2. Approve the agenda for the meeting.
3. Conduct all general parent committee meetings.
4. Uphold order at meetings.
5. Sign all letters, reports and other documents as may be required.
6. Other duties as may be prescribed by the Native American Parent Committee meeting.
7. At the expiration of the Chairperson term of office, all records, etc. shall be turned over to the newly Chairperson within a period of 10 working days.

The duties of the Vice-Chairperson will be to:

1. Preside in the absence of the Chairperson.
2. Exercise all the rights and privileges of the Chairperson when acting in that capacity.
3. Perform such other duties as may be prescribed by the Chairperson or by the Native American Parent Committee meeting.

The duties of the Secretary will be to:

1. Record minutes of all meetings.
2. Provide copies of the minutes to the Project Coordinator, the Native American Parent Committee meeting and to such other persons the Native American Parent Committee may indicate.
3. Represent the Chairperson in the absence of both the Chairperson and Vice-Chairperson.
4. Ensure that required public notices are posted in accordance with the provisions of these by-laws;
5. Act as custodian of the Native American Parent Committee meeting records.
6. Maintain an updated list of the addresses and telephone numbers of Native American Parent Committee meeting members.
7. Maintain yearly attendance records of meetings and functions.
8. Perform such other duties as may be prescribed by the Chairperson or by the Native American Parent Committee members.
9. At the expiration of the Chairperson term of office, all records, etc. shall be turned over to the Chairperson or the newly elected Secretary/Treasurer within a period of 10 working days.

 

Section 3. Election and term of office: 

1. Officers shall be elected by majority vote of Native American Parent Committee members at the first regular meeting following the election.
2. Officers shall assume their duties immediately upon election.
3. The term of each officer shall be two (2) years.

 

Section 4.  Vacancy:

Any officer vacancy may be filled by a majority vote of the quorum at a regular meeting.  The newly elected officer shall serve only for the remainder of the term.

 

Section 5.  Removal:

Any officer may be removed by a majority vote of all voting members present at the meeting for any violation under Article III, Section 9. The officer must receive written notice by certified mail at least five (5) working days prior to the next regular meeting.

 

ARTICLE V:  Meetings

Section 1.  Regular meeting:

The Native American Parent Committee shall meet not less than 4 times during the school year.  The date and time of regular meetings will be decided by a majority vote at the first meeting of each year.  All regular meetings of the Native American Parent Committee shall be open to the public.  Notice of regular meetings shall be in writing and shall state the date, hour and location of the meeting.  Notices shall be mailed to each member not less than one week before the date of such meeting.

 

Section 2.  A Quorum:

Shall consist of a simple majority of the total number of committee members who have been duly elected and remain active.

 

Section 3.  Agenda:

The Chairperson and project staff shall prepare the agenda for each meeting.  Individual members of the Native American Parent Committee are encouraged to submit agenda items to the Chairperson.

 

Section 4.  Special Meetings:

Any special meetings may be called by the Chairperson or by a majority vote of the Native American Parent Committee.  All members shall be notified within at least 1 day prior to the meeting.  Notification of special meetings may be by telephone or e-mail.

 

Section 5.  Procedures:

Meetings will be conducted in accordance with Robert’s Rules of Order or in accordance with appropriate adaptation thereof.

 

ARTICLE VI:  Amendments

Section 1.  Procedures:

These by-laws may be amended at any meeting of the Native American Parent Committee by a majority vote of all regular members.

Any amendment shall not:

1. Violate federal or school district policies and regulations.
2. Confer any power or responsibilities beyond those authorized by current federal regulations pertaining to the Title VI Indian Education Act or school district policies and procedures.

 

ARTICLE VII:  Dissolvement 

If and when the Bismarck Public School Native American Parent Committee is to dissolve, the Native American Parent Committee shall divest itself according to appropriate federal rules and regulations pertaining to funds and equipment.

 

ARTICLE VIII:  Ratification

Section 1. Adoption: 
These by-laws shall be declared adopted by the Native American Parent Committee when passed by majority vote of the full membership at a regular Native American Parent Committee meeting.

 

The Title VI Indian Education Act Project Parent Committee and the Bismarck Public School District #1 hereby approve these by-laws.

 

IN WITNESS THEREOF,

                                                                                                                     _                                                 

BPS Native American Parent Committee Chairperson                                               Date

 

 

                                                                                                                                                                       

BPS Native American Parent Committee Vice Chairperson                                       Date

 

 

                                                                                                                                                                       

BPS Native American Parent Committee Secretary/Treasurer                                   Date

 

 

                                                                                                                                                                       

Bismarck Public Schools Title VI Project Director                                                      Date

 

 

                                                                                                                                                                       

Bismarck Public Schools Assistant Superintendent/LEA Representative                   Date

 

 

 

 

 

Revised May 30, 2017

 

BISMARCK PUBLIC SCHOOL DISTRICT #1

JOHNSON O’MALLEY INDIAN EDUCATION COMMITTEE BY-LAWS

 

The following are by-laws that have been established and approved by the Bismarck Public Schools JOM Indian Education committee.

 

ARTICLE I –   REFERENCE

In accordance with the Indian Self Determination and Education Assistance Act – Johnson O’Malley Act of 1934, 25 CFR Part 273 of the federal regulations, a Parent Committee selected in accordance with federal regulations, will adopt and abide by reasonable by-laws for the conduct of the project for which assistance is sought.

 

ARTICLE II – NAME

The name of this committee shall be the Bismarck Public Schools JOM Indian Education Committee (IEC).

 

ARTICLE III -  PURPOSE

The establishment and the work of the parent committee are to comply with the rules and regulations as found in the Federal Register, Vol. 40, No. 213, Tuesday, November 4, 1975. (Refer to 25 CFR Indians Sec. 273.16 Powers and Duties of Indian Education Committees and Sec. 273.17 Program approved by an Indian Education Committee to complete the purpose.)

Section 1.  To raise the standards of school achievement of JOM Indian students through tutorial services.

Section 2.  To help insure the availability and access to educational experiences and opportunitie for the JOM students.

 

ARTICLE IV - MEMBERSHIP

Section 1:  Establishment of the Indian Education Committee (IEC)

1. According to sub-Part A, Sec. 273.15 of the November 4, 1975 regulations and Indian Education Committee are to be elected from the parents/legal guardians (including persons acting ‘in loco parentis’).
2. The Indian Education Committee shall be composed of 4 members. Comprised of the chairperson, vice chair, secretary and a member at large.
3. All IEC members must have formal authorization by action (motioned recorded in the minutes) to represent or speak on behalf of the IEC.

 

Section 2:  Election of the 4 members of the IEC

1. New members are elected in an open meeting for a term of two years by a majority vote of parents/legal guardians of eligible Indian students in attendance in a public school within the Bismarck Public School District #1.
2. Two members are elected in odd calendar years and two members elected in even calendar years.
3. Membership in the IEC cannot be transferred.
4. Members may run for a second two year term if re-elected by the community
5. The IEC elections are to elect the IEC members and not an election of officers. Officers are to be elected by the IEC members themselves at their first re-organizational meeting.

 

Section 3:  Annual Elections/community voting rights

1. The annual election meeting shall be held on the first Tuesday of September, or at a date as near to that day as determined by the IEC.
2. Nominations for new IEC members shall be taken from the floor by an eligible voter at the duly called annual meeting.
3. Individual votes shall be cast by secret ballot and tallied visibly so that all in attendance will know the results.
4. The IEC chairperson or designee shall act as the election judge for the annual meeting. (The election judge should be a non-voting, non-partisan person of no relation to those running for the IEC.)
5. The IEC will also have the option of having the election judge preside over the election of officers at the first official meeting of the new IEC.

 

Section 4:  Voting Procedures

1. Election procedures: the Bismarck Public Schools JOM IEC is made up of 4 parents or legal guardians of eligible JOM students.
2. Eligibility to run for the IEC: according to the Federal Regulations – Sub part A, Section 273.15 “the Indian Education Committee is to be elected for the parents (including persons acting ‘in loco parentis’ – legal guardian) except school officials of the eligible Indian student on the schools affected by the subcontract under this part.” To avoid conflict of interest or give the appearance of a conflict of interest, school officials or their spouses, persons directly involved in oversight of the Bismarck Public Schools JOM Program should not be eligible to serve as committee members.
3. Nominations at the Annual Meeting:
   1. Nominations must be an eligible JOM parent or guardian.
      1. The Nominator must be an eligible JOM parent or guardian.
      2. Votes shall be cast by secret ballot and tallied by the election judge.
      3. Each person nominated will have an opportunity to give a 3-minute speech explaining why he or she wants to serve on the committee.
      4. The top two vote recipient, will be seated as the new IEC members.

 

Section 5:  Voting Rights for IEC members

1. Each member of the IEC shall have one vote in any matter submitted to the parent committee for a general vote.
2. Proxy voting and absentee ballots shall not be permitted.
3. An IEC member may abstain only from a conflict of interest that is determined valid by the chairperson. If there is no conflict, the IEC member must cast a vote.
4. The chairperson only votes in case of a tie among the other members.

 

Section 6:  Termination of Membership

1. Any IEC member may resign by submitting a written resignation to the Parent Committee.
2. An IEC members shall be automatically removed from membership on the IEC for the following reasons:
   1. When a member does not attend three (3) regularly consecutive scheduled meetings without notifying the board.
   2. The child of the member is no longer enrolled in the Bismarck Public School District.
   3. For action or behavior that brings discredit to the Bismarck Public Schools IEC/JOM program.

 

Section 7:  Vacancies

1. The name of the next nominated candidate, who was not elected to the IEC at the annual meeting, will be listed as the alternate and will be utilized as the alternate for any member of the IEC who resigns, is terminated or otherwise ineligible to serve on the IEC.
2. If the alternate is unable to serve, the IEC shall select by majority vote, an eligible JOM parent to fulfill the vacant IEC term.
3. By affirmative vote of IEC members a vacancy can be filled.
4. The newly elected IEC member will only serve for the unexpired portion of the term of the vacancy left by the resigning or dismissed IEC member.

 

Section 8:  Powers and Duties

1. Recommend curriculum, including texts and materials to be used in the contract program.
2. Approve budget preparation and execution.
3. Recommend criteria for employment in the program.
4. Nominate up to 3 qualified prospective education program staff members from which the Bismarck Public School District will hire staff through its customary hiring procedures.
5. Evaluate job position and program results and make recommendations to the District Administration.
6. Secure a copy of the sub-contract application on file.
7. Recommend cancellation or suspension of the approved program if the Bismarck Public School district #1 fails to permit the committee to exercise powers and duties.
8. The organizational papers and by-laws of the IEC may include the following additional powers and duties which would permit the committee to:
   1. Participate in contract negotiations under this part.
   2. In consultation with the LEA (Local Education Agency) conduct an annual need assessment on the learning needs of the JOM students in the community affected.
   3. Have access to all necessary reports, evaluations, surveys and other program and budget related documents determined necessary by the committee to carry out it responsibilities subject only to provisions of 273.49.
   4. Request periodic reports and evaluations regarding the JOM program.
   5. Hear grievances related to the JOM education plan.
   6. Meet with the JOM professional staff serving the students along with the LEA.
   7. Review and approve annual report.
   8. Hold IEC meetings on a regular basis that is open to the public.

 

 

ARTICLE V - DUTIES OF THE OFFICERS AND MEMBERS AT-LARGE

The officers of the IEC shall be; chairperson, vice-chair person, secretary and member-at-large. Other officers may be appointed as the IEC elects.

Section 1:  Election, Terms of Office and Officers Selection. The IEC shall be elected by a majority vote at the annual committee elections; the committee members shall serve for two years.

1. Nomination from floor by an eligible JOM parent/guardian.
2. Individual secret ballots
3. Ballots counted individually in a visible manner so all in attendance will know the results.
4. Newly elected IEC members shall take their positions as IEC members at the first official meeting of after the annual election meeting.
5. The current IEC members shall maintain their positions as the IEC until the completion of the annual election meeting.
6. The presiding chair or remaining officer from current IEC shall call the first official meeting of the new IEC members.
7. Each officer of the IEC shall hold his or her office from annual meeting to annual meeting.
8. Officers (chair, vice-chair and secretary) shall be elected by the first official meeting of the new committee. This will be considered the re-organizational meeting.

 

Section 2: Officer Vacancies.  A vacancy of an officer of the IEC during the year may be filled be a majority vote of the IEC members present at a regular/special meeting.  The newly elected officer shall serve only for the unexpired portion of the year term.    The officer position may also be left vacant until the following annual meeting if so desired. (This would be beneficial if close to the annual meeting time.)

 

Section 3: Removal of IEC officer or member.  Any officer may be removed by a two-thirds vote of all members present whenever it is in the best interest of the committee according to ARTICLE IV, Section 6, (B).

 

Section 4: Duties of the Officers and IEC Members At-large.

1. Chairperson: The chairperson shall perform all duties incidental to the office of the chairperson and such other duties as may be prescribed by the IEC from time to time.
   1. The Chairperson will preside over at all general meetings; conduct the same according to “Robert Rules of Order”.
   2. Sign all official documents passed by the IEC as required with authority given by the IEC to do so.
   3. Prepare the meeting agendas in conjunction with the JOM Director/Coordinator.
   4. At the expiration of the Chairperson term of office, all records, etc. shall be turned over to the newly elected Chairperson within a period of 10 working days.
2.  Vice-chairperson:
   1. The Vice-Chairperson shall assume the role of the Chairperson in his/her absence.
   2. Shall assist the Chairperson with all his/her duties
   3. Ensure that membership on the IEC is consistent with federal regulations
   4. Shall perform such other duties as may be prescribed by the committee from time to time.
3.  Secretary:
   1. The Secretary shall keep the minutes of all meetings, regular, special and emergency.
   2. Shall provide minutes to the committee, JOM office and to such other persons as deemed necessary within 15 days of meeting. 
   3. The Secretary shall see that all notices are given in accordance with the provisions of these by-laws,
   4. Keep a list of the address and phone numbers of each member.
   5. The Secretary shall perform other duties as prescribed by the IEC. In the absence of the elected Secretary, the Chairperson may request any member of the IEC to record minutes.  At the expiration of the term all records shall be turned over to the Chairperson or newly elected Secretary within a period of 10 working days.
4. Members At-Large:
   The Member At-Large shall be present and participate at monthly meetings and perform other duties as prescribed by the IEC from time to time.
5. All IEC members must have formal authorization by action and motion recorded in minutes to represent or speak on behalf of the IEC.  No member of the IEC or any member of his/her immediate family, may be hired for a position with the Johnson O’Malley program.

 

ARTICLE VI -  MEETINGS

The IEC shall meet not less than 6 times per year including the annual meeting. All meetings will be held using parliamentary procedures to conduct an orderly meeting.  IEC meetings must be held in accordance with the school districts (contractor) meeting polices.

Section 1:  Regular Meetings

1. The date and the time of regular meetings will be decided by a motion and a majority vote at the first organizational meeting of a new school year.
2. Notice of regular meetings shall be mailed to all eligible JOM parents with the date, time and location of the meeting no less than 5 days prior to meeting.
3. IEC packets shall be given to each member not less than 5 days prior to each meeting. The packet should include: agenda, copy of the last IEC minutes, staff reports, and financial reports.
4. All meetings shall be open to the public, in compliance with the Open Meeting Act of North Dakota.

Section 2:  Special Meetings:  Special meetings may be called by the IEC Chairperson or by a majority vote of the committee.  All IEC members shall be given a two day notice by phone of the special meeting.  The IEC members must be given the purpose of the special meeting.  Agenda items must be limited to those areas of concern causing the call of the special meeting. No other items may be added or discussed during the meeting.

Section 3:  Informal Meetings of the IEC:  Informal meeting (work sessions) are conducted when a quorum of the IEC is not established at a regular or special meeting.  No formal action (motions) will be taken at any informal meeting unless by action of the IEC noted from a previous meeting where the IEC has approved the Officers to act on behalf of the IEC.

Section 4: Executive Session Meeting:  No minutes or recording are to be made in this session.  The participants of an executive session are not to discuss or disclose the issues made known in the executive session.  An executive session maybe called by any 2 members of the IEC, before or during a regular IEC meeting.  To qualify for an executive session, the issue must be one of the following:

1. personnel manners
2. misconduct with sensitive issues pertaining to program
3. dealing with sensitive issues pertaining to the program
4. once out of session a formal motion of action must be brought upon at the regular meeting (it can be tabled, vote up or down on the issue)

Section 5:  Quorum: The presence of a simple majority of the Committee shall be required to constitute a quorum necessary for the transaction of the business of the IEC.  No decision of the IEC shall be valid unless there is a majority vote of the members constituting a quorum. (IEC members must remember once the number for quorum is established, they give up their opportunity to vote if they are not present.)

Section 6:  Agenda:

1. The chairperson shall prepare the agenda for each meeting. Individual members of the IEC are encouraged to submit agenda items for the chairperson or present their proposals formally under the agenda item of “New Business”.
2. An item may be placed on the agenda by contacting the Chairperson at least 5 days prior to the regular meeting date.

 

ARTICLE VII -  PARLIAMENTARY AUTHORITY

            “Robert’s Rules of Order Newly Revised” will rule, the Bismarck Public School District #1 IEC.

 

ARTICLE VIII -  AMENDING THE BY-LAWS

The by-laws may be amended at any regular meeting by a majority vote of the member of the IEC in attendance.  Provided that the amendment is to carry out the purpose and objectives of the parent committee as sited in Article III, section 1-3.  Any amendment must conform to the Rules and Regulations of the Federal Register, Code of Federal Regulations 25 CFR, Part 273.15.

 

ARTICLE IX - GRIEVANCE PROCEDURE

Grievance procedures for complaints from Bismarck Public School students, parents/guardians, community members and tribal representatives relating to program contracted under Johnson O’Malley shall be as follows:

Section 1:  The complainant shall submit his/her grievance in writing to the IEC for investigative review and action.

1. Upon receipt of a written complaint, the IEC shall, within 10 working days, make an investigation, document and submit its findings to the complainant, plus the Bismarck Public Schools Director of the JOM Program and/or the Assistant Superintendent of Elementary Schools.  If the complaint cannot be resolved within the specified time, then the IEC may request additional time from the complainant.
2. If the complaint cannot be resolved by the IEC to the satisfaction of the complainant, the IEC shall forward the complaint with all investigative documents, findings and/or recommendation to the Bismarck Public Schools Director of the JOM Program and the Assistant Superintendent of elementary Schools.

Section 2:  The Bismarck Public Schools Director of the JOM Program and/or the Assistant Superintendent of Elementary Schools shall proceed as follows:

1. Schedule a meeting with the IEC Board to be held within 10 working days after a complaint has been received.
2. A grievance committee consisting of two IEC members, the Bismarck Public Schools Director of the JOM Program, the Assistant Superintendent of Elementary Schools, and a JOM staff member will review the complaint and investigate documents(s), findings and/or recommendations.
3. Within 10 working days of this meeting, the Bismarck Public Schools Director of the JOM Program and/or the Assistant Superintendent of Elementary Schools will contact the complainant to assure the committee’s disposition in resolving the complaint.
4. If the complaint is not satisfied, the BPS Assistant Superintendent will forward the complaint with all investigative documents, findings and/or recommendations to the Standing Rock Sioux Tribe Johnson O’Malley Director for review and action.
5. The findings of the Standing Rock Sioux Tribe Johnson O’Malley Director shall be final.

 

ARTICLE X – DISSOLVEMENT

If and when the Bismarck Public School District #1 IEC is to dissolve, the IEC shall divest itself according to appropriate federal rules and regulations pertaining to funds and equipment.

 

ARTICLE XI – RATIFICATION

These by-laws shall be declared adopted by the IEC when passed by majority of the full membership of the Committee, at a general meeting of the committee. 

The Bismarck Public School District #1 IEC, at a regular meeting held on February 5, 2008, approves these by-laws

 

IN WITNESS THEREOF,

 

 

                                                                                                                                                                       

Chairperson                                                                            Date

 

 

                                                                                                                                               

Vice-Chairperson                                                                    Date

 

 

                                                                                                                                                           

Secretary                                                                                Date

 

 

                                                                                                                                                          

Bismarck Public Schools Representative                              Date