Small Town News

Educational community frenzied over new TMCHS plan of operations

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A tribal resolution that installs a new plan of operations for the Turtle Mountain Community High School through an agreement between the state, school district and the Turtle' Mountain Tribe has set in motion a local frenzy on the status of the school and its state education funds. The tribal resolution and new plan would grant the Turtle Mountain Tribal Council ultimate supervisory., authority of the high school. According to the North Dakota Department of Public Instruction (DPI), any change in the school's previously existing plan of operation would jeopardize the continuance of state funding.

Parents and TMCHS staff have been calling school administrators since the new 5-year plan was adopted, said Roman F. Marcellais, school superintendent.

Several members of the Public Law 100-297 grant school board have voiced serious concerns regarding the tribal resolution. Bel-court School District #7 members make up the TMCHS 297 grant board serving in both capacities as needed. The high school in Belcourt receives both federal and state funding because of an agreement between the tribe and the district.

The change of plan of operations through tribal resolution was introduced at a TMCHS 297 grant board meeting on Tuesday, Sept. 15, 2009 by Tribal Councilman Charles "Chucky" DeCoteau. Jeremy La-ducer, a school district board member, who also serves as the chairman of the 297 TMCHS grant board advocated on behalf of the new plan. Laducer did the major part of the presentation of rationale for the new plan at that meeting citing the need to modify the plans of operations for the high school. Laducer outlined several non-compliance issues with regulations set in PL. 100-297 Trib-ally Controlled Schools Act (TCSA) of 1988. Laducer told the board and administrative staff and public present that evening that the district is receiving funding directly from the tribe and expending BIE funds without 297 grant board approval.

The members present at the Sept. 15th meeting were a legal quorum, as noted by Laducer who asked for an immediate vote. The members of the 297 board who voted in favor of the new plan of operations were Bryan Davis, who made the motion, Janice (Dubois) Delorme, and Jeff

Desjarlais, while Jim Parisien alone voted against. Members who were absent were Sean LaFountain, Bruce Morin, Curtis L. Poitra and Allen Malaterre. The item of a ratifying of the school's plan of operations was not on the agenda but was added before the meeting started.

LaFountain said he is hopeful that the board and council reconsider the action for the sake of the students. His understanding is that the move is too important to not include all parties and board members in its discussion. More study on the matter and a meeting with DPI should have taken place before the change, LaFountain stressed.

"I just know I will take a stand for the students and that's the way I always think," stated LaFountain. "What is the best for our children's education and future? I want all the board members to be included on the issue. I regret the fact I was not able to be at that meeting when this was passed by the (297) board."

Laducer maintained last week that these unresolved non-compliance issues remained at the heart of the issue. Laducer stated previously that there were 45 students who were a part of the high school student count last academic school year who were not given Indian Student Education Program (ISEP) tuition waivers after they were considered drop-outs hinging on the fact they had been absent from school for more than ten days and then returning to TMCHS as full-time regular students. He emphasized that the loss of that much funding from the ISEP program is a huge detriment to the budget of the high school. Laducer had referred to a BIE decision in 2007 to withdraw their funding from the Trenton Indian Service Area because it was not a tribally-controlled school as stipulated in the Tribally Controlled School Act (TCSA). Being out of compliance endangers that status, he reasoned. According to a BIE document La-ducer provided, the non-compliance issues were related to the 297 school board election requirements, terms of office, membership, records management and board training. There is also a need for annual budget plans as noted in the administrative review.

Laducer also advocated for a change in the plan that would include hiring of a 297 board business manager and a separate legal counsel for the 297 board. He also revised the plan so that there would be a joint or separate checking account that would be for the use of the 100-297 board.

The local Bureau of Indian Education Line Office sponsored a two-day workshop and training earlier this year for all school board members from all area schools, including two Fort Berthold grant schools. The only school that did not have any members attend the training was the Belcourt School District. The BIE Line Office is responsible for monitoring grant schools and providing technical assistance to schools such as TMCHS but that office did not have any influence or provide any input in the new plan of operations or tribal council decision to change the previous plan.

Duane Poitra, School District Business Manager, disputed the number of students cited by Laducer who were not provided ISEP student waivers. Poitra noted that there had been issues with 45 student waivers but only seven waivers were not approved.

"I must state that I have the utmost respect for the tribal council and the chairman, as well as the (TMCHS) grant board," said Poitra. "However, since the Belcourt School District is a legally organized public school district that is a sub-division of the state of North Dakota, it's my understanding that our district could not comply with the revised (TMCHS) plan of operations." Poitra made his statements after meeting with DPI officials in Bismarck last Wednesday accompanied by other school board members and school officials.

In a letter to the Turtle Mountain Tribal Chairman and Council dated Sept. 14, 2009, Councilman "Chucky" DeCoteau wrote of the non-compliance issues of the 100-297 grant board and referred to an administrative review conducted through the BIE in 2007 that found the non-compliance issues. DeCoteau wrote, "This review has pointed out numerous compliance issues and recommendations on how to become compliant. Therefore, I am requesting that the Tribal Council ensure that these issues are addressed through the Plan of Operation between the Tribe and the 100-297 grant board therefore it is our duties as the governing body of the Turtle Mountain Indian Reservation to ensure that the Tribal Grant School is in compliance with the grant conditions and continue to receive funding from BIE. The Council is aware of our current situation regarding the grant school losing funding because of unaddressed compliance issues."

The previous plan of operations for TMCHS had never been a contentious issue with the state or BIE, with the exception of recommendations for compliance, since being in place after its adoption in 1992, stated Marcellais. Superintendent Marcellais also noted that the school district employs 243 full-time positions, which includes 121 professional teachers. Marcellais added that the school district has now instituted a hiring freeze because of the many questions regarding the new plan of operations and how it may affect funding for the school.

"This plan has been working for the past 17 years and I presented it to the tribal council back in June. I don't take credit for the plan. It was developed by previous administration here before me. Both boards approved the plan at that time. Our school district has a great relationship with the state and we've always been at the top of the charts in terms of financial packages for our staff. We're proud of that but that comes from our ability to draw funding from other sources besides just DPI funds. We also have a lot of Title education programs and are set to receive an additional $1.2 million dollars in a economic stimulus grant that will come through the state once again," Marcellais revealed.

Curtis L. Poitra, a 297 grant board member, stated his opposition to the new plan of operations last Thursday saying he and other board members who were not present at the Sept. 15th 297 board meeting were "caught by surprise" by the new tribal resolution and plan of operations.

"I firmly believe that there was not any intention by the tribal council to jeopardize our state funding but they were misled in this and they can resolve it if they want to," said Poitra. "The bottom line is that I do not, in any way, want to affect any funding for our 1,648 students we have in our school system. Any loss of funding at either school has an effect on the other, so we obviously try our best to avoid that."

According to a memorandum from Robert V. Marthaller, Asst. Su-' perintendent of the DPI, "in order to receive state funding through the foundation aid program, a school or school district must be a legally organized public school district and the district (District School Board) must have exclusive administrative authority and management over the day-to-day operations of the school."

Marthaller also stated that the previously accepted plan had met the requirement for continued funding, however, any deviation from the essential elements of the plan would jeopardize the continuance of state; funding.

"I firmly believe that there was not any intention by the tribal council to jeopardize our state funding but they were misled in this and they can resolve it if they want to."

Curtis Poitra



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© 2010 Turtle Mountain Star Rolla, North Dakota. All Rights Reserved. This content, including derivations, may not be stored or distributed in any manner, disseminated, published, broadcast, rewritten or reproduced without express, written consent from DAS.

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