34 CFR § 222.91 - What requirements must a local educational agency meet to receive a payment under section 7003 of the Act for children residing on Indian lands?
(1) Meet the application and eligibility requirements in section 7003 and subparts A and C of these regulations;
(2) Except as provided in paragraph (b) of this section, develop and implement policies and procedures in accordance with § 222.94; and
(3) Include in its application for payments under section 7003 -
(i) An assurance that the LEA established these policies and procedures in consultation with and based on information from tribal officials and parents of those children residing on Indian lands who are Indian children, except as provided in paragraph (b) of this section;
(ii) An assurance that the LEA has provided a written response to the comments, concerns and recommendations received through the Indian policies and procedures consultation process, except as provided in paragraph (b) of this section; and
(1) A waiver must contain a voluntary written statement from an appropriate tribal official or tribal governing body that -
(3) The LEA must obtain a waiver from each tribe that has Indian children living on Indian lands claimed by the LEA on its application under section 7003 of the Act. If the LEA only obtains waivers from some, but not all, applicable tribes, the LEA must comply with the requirements of § 222.94 with respect to those tribes that did not agree to waive these requirements.
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