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Mille Lacs Band Statutes Annotated

TITLE 9 - EDUCATION

Chapter
Section
1. Consolidated Nay-Ah-Shing School Board
1

 

CHAPTER 1

CONSOLIDATED NAY-AH-SHING SCHOOL BOARD

Section
1. Consolidated Nay-Ah-Shing School Board.
2. Membership and voting.
3. Election of members
4. Terms of office.
5. Eligibility for Board membership.
6. Removal from office.
7. Vacancies.
8. Powers and duties of the Nay-Ah-Shing School Board.
9. Educational state of the Band report and needs assessment.
10. Rules of proceedings; disciplining of Board members.
11. Hearings.
12. Bylaws.
13. Responsibility for unacceptable performance of duties.
14. Meetings.
15. Powers reserved to Band Assembly.
16. Powers and duties of Commissioner of Education.
17. Local Indian Education Committees.
18. Admission to Nay-Ah-Shing School.
19. Compulsory attendance of school age pupils.
20. Obligations of the Nay-Ah-Shing School Board.
21. Bequests, gifts and trusts.
22. Records.
23. Health.
24. Sectarian materials or teaching.
25. In loco parentis.
26. Office of Management and Budget.
27. Appropriations.
28. Veto authority for Chief Executive.
29. Court of Central Jurisdiction.
30. Solicitor General obligations.

Historical and Statutory Notes

The Preamble of Band Statute 1040-MLC-18 provides:

"It is enacted by the Band Assembly for the purpose of creating by Charter the Consolidated Nay-Ah-Shing School Board as a separate and independent Commission under the jurisdiction of the Mille Lacs Band of Chippewa Indians."


§ 1. Consolidated Nay-Ah-Shing School Board

A Commission to be known as the Nay-Ah-Shing School Board is hereby chartered and authorized as an independent subdivision of the Executive Branch of tribal government with those powers as delegated by the Band Assembly.

Historical and Statutory Notes

Source: Band Statute 1040-MLC-18, § I.

Cross References

Executive Branch, see 4 MLBSA § 1 et seq.


§ 2. Membership and voting

The Consolidated Nay-Ah-Shing School Board shall be a five member board; with each member having the title of Board Member, with the exception of the leader whose title shall be Chairperson. Each Board Member shall have one vote at regular and special meetings with the exception of the Chairperson who shall vote in the case of tie vote.

Historical and Statutory Notes

Source: Band Statute 1040-MLC-18, § 1.01.


§ 3. Election of members

Each Board Member shall be elected, two from District I, one from District II and one from District III. The Chairperson shall be elected from an at large voting position.

Historical and Statutory Notes

Source: Band Statute 1040-MLC-18, § 1.02.

Band Statute 1040-MLC-18, § 3 provides: "Section 3. Governance to June 30, 1984. The Chief Executive shall appoint, subject to confirmation by the Band Assembly one Chairperson and four Board Members, as specified in Section 1.02, who shall act as and comprise the Consolidated Nay-Ah-Shing School Board with all powers and duties as authorized under this Statute."

Cross References

Designation of Band Districts, see 2 MLBSA § 11.


§ 4. Terms of office

The term of office for each Board Member shall be two years commencing July 1, 1984. The term of office for Chairperson shall be the same as the Board Members.

Historical and Statutory Notes

Source: Band Statute 1040-MLC-18, § 1.021.


§ 5. Eligibility for Board membership

(a) Any Board Member elected by the residents of a district or the Chairperson shall be an enrolled member of the Mille Lacs Band of Chippewa Indians. However, any parent or grandparent of school-aged youth enrolled in Nay-Ah-Shing School shall be eligible to be a candidate for office provided said youth remains enrolled during the term of their office.

(b) Within forty-eight hours after disenrollment of a youth whose parent or grandparent is a Board Member but not a Band Member, said Board Member shall resign his position on the School Board.

Historical and Statutory Notes

Source: Band Statute 1040-MLC-18, § 1.03.


§ 6. Removal from office

Any Board Member may be removed from office for just cause as determined by 3 MLBSA § 25.

Historical and Statutory Notes

Source: Band Statute 1040-MLC-18, § 1.04.


§ 7. Vacancies

(a) In the event that a Board Member resigns or is removed as a Board Member or is otherwise unable to complete their term as a Board member or there is otherwise a vacancy the vacancy shall be filled by appointment.

(b) The District Representative from the District where the vacancy occurs shall provide the Chief Executive with the names of two persons from which the Chief Executive shall nominate one person to fill the vacancy which is subject to ratification of the Band Assembly.

(c) In the event that the vacancy occurs in the Chair position the Chief Executive shall make the nomination which is subject to the ratification of the Band Assembly.

Historical and Statutory Notes

Source: Band Statute 1040-MLC-18, § 1.05.

Band Statute 1040-MLC-18, § 1.05.03 provides: "This amendment to Band Statute 1040-MLC-18 shall apply retroactively in the appointment of Board Members."


§ 8. Powers and duties of the Nay-Ah-Shing School Board

(a) The Consolidated Nay-Ah-Shing School Board shall have power to establish educational policy for the benefit of band members and non-band members under the jurisdiction of the Band.

(b) They shall prepare a uniform system of records for the Band's school and require written reports from the Commissioner of Education on any educational subject of value to the Band.

(c) They shall have general supervision over all Band education-related facilities and shall promulgate policy for:

(1) the establishment of curriculum;

(2) approval of requests for any educational, scientific research;

(3) the establishment of minimum criteria for passage to succeeding grades and graduation;

(4) the establishment of policy governing appropriate student conduct and disciplinary procedures;

(5) the establishment of policy to license through certification any and all teachers and any alternative schools which service Indian children within the jurisdiction of the Band;

(6) the preparation and authorization of educational grants and contracts;

(7) the employment and termination of employees or the regulation of the behavior of said employees through authorized personnel policies;

(8) the implementation of rules and regulations for any education-related subject-matter statute, and

(9) promulgation of any policy, rule or regulations consistent with their statutory authority.

Historical and Statutory Notes

Source: Band Statute 1040-MLC-18, § 2.

Cross References

Education department programs, delineation of responsibility, see Exec. Order 108-93.


§ 9. Educational state of the Band report and needs assessment

The Consolidated Nay-Ah-Shing School Board shall annually prepare an educational state of the Band report to the Chief Executive no later than August 1 of each year and biannually conduct a needs assessment into all areas of its jurisdiction.

Historical and Statutory Notes

Source: Band Statute 1040-MLC-18, § 2.01.


§ 10. Rules of proceedings; disciplining of Board members

The Consolidated Nay-Ah-Shing School Board shall establish the rules of its proceedings and discipline its members through censure for disorderly conduct but not twice for the same offense.

Historical and Statutory Notes

Source: Band Statute 1040-MLC-18, § 2.02.


§ 11. Hearings

The Consolidated Nay-Ah-Shing School Board shall have power to hold subject matter public hearings for just cause.

Historical and Statutory Notes

Source: Band Statute 1040-MLC-18, § 2.03.


§ 12. Bylaws

The Consolidated Nay-Ah-Shing School Board shall adopt a set of Bylaws before September 30, 1983. Said Bylaws shall be ratified by the Band Assembly.

Historical and Statutory Notes

Source: Band Statute 1040-MLC-18, § 2.04.


§ 13. Responsibility for unacceptable performance of duties

In exercising any powers granted, each Board Member shall not be immune from any responsibility which results from willful, knowledgeable and unacceptable performance of their duties.

Historical and Statutory Notes

Source: Band Statute 1040-MLC-18, § 2.05.

Cross References

Suits against Band officials, see 24 MLBSA § 701.


§ 14. Meetings

The Consolidated Nay-Ah-Shing School Board shall meet the first Thursday of each month with an agenda prepared in advance by the Commissioner of Education. Special meetings shall be held upon at least twenty-four hour notice by the Commissioner of Education or Chairperson.

Historical and Statutory Notes

Source: Band Statute 1040-MLC-18, § 2.06.


§ 15. Powers reserved to Band Assembly

Any and all powers not specifically listed are reserved to the Band Assembly.

Historical and Statutory Notes

Source: Band Statute 1040-MLC-18, § 2.07.

Cross References

Legislative power, see 3 MLBSA § 2.


§ 16. Powers and duties of Commissioner of Education

The Commissioner of Education shall have power to negotiate contracts with individuals and funding agencies of the United States or any private foundations for any education related matter. He shall be responsible for the day-to-day administration of all education activities including supervisory authority over any and all employees. He shall have authority to authorize the expenditure of all education funds under his jurisdiction and be accountable for their lawful disbursement. He shall recommend the employment, discipline or termination of any education employee for just cause. He shall have authority to open or close school sessions for just cause. The Commissioner may do all things deemed by him as desirable in the preservation or protection of education facilities or educational matters through the issuance of Commissioners Orders.

Historical and Statutory Notes

Source: Band Statute 1040-MLC-18, § 4.

Cross References

Education department programs, delineation of responsibility, see Exec. Order 108-93.


§ 17. Local Indian Education Committees

All local Indian Education Committees shall be disbanded with powers transferred to the Nay-Ah-Shing school board upon the date of enactment of this statute. Authorities granted by the Mille Lacs Reservation Business Committee to said Committees are hereby revoked and rescinded. Section 9, en total, of Band Statute 1001-MLC-1 is hereby superseded by this title.

Historical and Statutory Notes

Source: Band Statute 1040-MLC-18, § 5.


§ 18. Admission to Nay-Ah-Shing School

All schools under the jurisdiction of the Band which are supported by band revenue or any funds of the United States shall admit any enrolled member of the Band who is of school age. School age shall mean any person under the jurisdiction of the Band as defined in 5 MLBSA §§ 112 and 113 who is between the chronological age of three and twenty-five. Notwithstanding the provision of any law to the contrary, the conduct of all pupils attending a Band sanctioned school shall be governed by a single set of reasonable rules and regulations promulgated by the School Board. The School Board shall promulgate a single set of reasonable admission standards which shall contain uniform minimum school age entrance requirements.

Historical and Statutory Notes

Source: Band Statute 1040-MLC-18, § 6.


§ 19. Compulsory attendance of school age pupils

(a) Every child between the chronological age of six and sixteen years of age shall attend a Band School or Public School of the State of Minnesota, during the entire time that the school is in session during the school year. School session shall be in session no more than one hundred and ninety (190) days.

(b) It shall be the duty of the Commissioner of Education or his designee of Nay-Ah-Shing School to determine the legitimacy of all absences from school for any pupil. Excuses for absence shall be determined from uniform standards promulgated by the School Board. Unexcused absences shall be reported monthly to the School Board.

(c) The Commissioner of Education shall by registered mail notify the parents or guardians of any pupil who is unexpectedly absent from school. A copy of this letter shall be forwarded to the Solicitor General of the Band. On the second unexcused absence from school the School Board shall by registered mail order the parents or guardians to appear before the School Board for a formal hearing into the matter. Upon the continuation of unexcused absences, the Commissioner of Education shall file a formal civil complaint with the Court of Central Jurisdiction against any person neglecting or refusing to comply with the provisions of law relating to school attendance. Upon filing of the complaint, a warrant shall be issued and legal proceedings of trial shall commence.

(d) Any person who is found guilty of civil violations of this section shall be liable for a fine of up to one hundred dollars. Continued civil violation shall subject the person to contempt of court and a fine of up to one hundred dollars per day for each day of civil violation.

(e) For purposes of this section, parents or legal guardians shall be deemed liable for the acts of minors under their direct supervision in the Court of Central Jurisdiction.

Historical and Statutory Notes

Source: Band Statute 1040-MLC-18, § 7.

Cross References

Juvenile offenders, see 8 MLBSA § 101 et seq.
Minors in need of care, see 8 MLBSA § 201 et seq.


§ 20. Obligations of the Nay-Ah-Shing School Board

The NAY-AH-SHING School Board shall promulgate rules relating to qualifications of essential personnel, course of study or training, methods of instruction and training, size of classroom, equipment, supervision of pupils, parent consultation and any other rules or standards it deems necessary. The Board shall be obliged to provide a free education to all children under the jurisdiction of the Band. No child shall be denied the right to free education on any grounds. The School Board shall furnish free textbooks to all pupils. The School Board shall do whatever is necessary to present all pupils with a cultural education. The School Board shall ensure that each graduate can converse in the native language of Ojibwe after August 30, 1985.

Historical and Statutory Notes

Source: Band Statute 1040-MLC-18, § 8.


§ 21. Bequests, gifts and trusts

The School Board may receive, for the benefit of Indian children under the jurisdiction of the Band, bequests, donations or gifts for any proper purpose and apply the same to the purpose designated. The School Board may act as trustee of any trust created for the benefit of Indian children.

Historical and Statutory Notes

Source: Band Statute 1040-MLC-18, § 8.01.


§ 22. Records

The School Board shall keep records of all meetings and all transcripts thereof. Such records shall be prima facie evidence of the facts therein stated. They shall also keep records of student achievement, attendance and all things related to this. All such records shall be private and confidential and shall not be disclosed to any person not effected by the record but the individual involved.

Historical and Statutory Notes

Source: Band Statute 1040-MLC-18, § 8.02.


§ 23. Health

The School Board shall mandate physical examination at the commencement of the school year for all pupils enrolled at Nay-Ah-Shing School. It shall establish and conduct an annual screening program. Employees of the School Board shall show freedom from tuberculosis in accordance with rules promulgated by a Coordinator of Health. Services. The Coordinator of Health Services shall be the Nurse Practitioner/Community Health Nurse at Ne-ia-shing Clinic. The Coordinator shall be responsible for the development of all health related rules, regulations and policies for the School Board. The School Board shall adopt any such rule, regulation or policy recommended by the Coordinator unless they find compelling just cause to reject such.

Historical and Statutory Notes

Source: Band Statute 1040-MLC-18, § 8.03.


§ 24. Sectarian materials or teaching

The School Board shall ensure that sectarian materials of any type are not provided to pupils which promote beliefs inconsistent with the cultural laws and traditions of the Band. They shall ensure that employees or volunteers of Nay-Ah-Shing School do not teach or reference anything related to sectarian beliefs of their own personal religion.

Historical and Statutory Notes

Source: Band Statute 1040-MLC-18, § 8.04.

Cross References

Free exercise of religion, see 1 MLBSA § 1.


§ 25. In loco parentis

The School Board shall not assume parental rights for any child while such child is in attendance at Nay-Ah-Shing School. Corporal punishment shall not be practiced as one form of discipline in any policy adopted by the School Board.

Historical and Statutory Notes

Source: Band Statute 1040-MLC-18, § 9.


§ 26. Office of Management and Budget

The Office of Management and Budget shall retain financial responsibility for the general books of account for all education-related funds of the Band.

Historical and Statutory Notes

Source: Band Statute 1040-MLC-18, § 10.

Cross References

Commissioner of Finance, powers and duties, see 22 MLBSA § 104.


§ 27. Appropriations

The Band Assembly shall retain appropriation authority over all education related funds. No later than August 1 of each fiscal year the School Board shall forward to the Chief Executive who shall forward to the Band Assembly all appropriation requests for the succeeding fiscal year.

Historical and Statutory Notes

Source: Band Statute 1040-MLC-18, § 10.01.

Cross References

Legislative power, see 3 MLBSA § 2.


§ 28. Veto authority of Chief Executive

The Chief Executive of the Band may veto any action of the School Board within five calendar days of adoption of any such policy, rule or regulation with concurrent ratification of such veto by the Band Assembly within ten calendar days. In the event of the Band Assembly's refusal to ratify, any such veto, said action of the School Board shall be implemented. Upon any such Executive veto, the Chairperson of the School Board shall appear before the Band Assembly to justify the action of the position of the Chief Executive to the Band Assembly. Such justification shall be presented in writing at least one day before formal oral hearing of the Band Assembly.

Historical and Statutory Notes

Source: Band Statute 1040-MLC-18. § 11.

Cross References

Powers and duties of Chief Executive, see 4 MLBSA § 6.


29. Court of Central Jurisdiction

The Court of Central Jurisdiction is hereby granted education subject-matter jurisdiction. Nothing in this chapter shall be construed as a waiver of sovereign immunity of the Mille Lacs Band of Chippewa Indians in any State or Federal Court of competent jurisdiction.

Historical and Statutory Notes

Source: Band Statute 1040-MLC-18, § 12.

Cross References

Subject-matter jurisdiction, Court of Central Jurisdiction, see 5 MLBSA § 111.


§ 30. Solicitor General obligations

(a) The Solicitor General shall represent the interest of the School Board in all matters before the Court of Central Jurisdiction with the exception of those issues in which the interests of the Band override the interest of the School Board

(b) Should there be any doubt as to the proper interpretation of any part of this chapter, the Commissioner of Education shall submit such question to the Solicitor General, who should give his written opinion thereon and such opinion shall be binding until annulled by the Court of Central Jurisdiction or amended by law.

Historical and Statutory Notes

Source: Band Statute 1040-MLC-18, § 13.

Cross References

Duties of Solicitor General, see 4 MLBSA § 18.

Amendments received through: August 29, 2003

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