The Johnson-O'Malley Program
The Johnson-O'Malley Program is authorized by the Johnson-O'Malley Act of 1934 and the implementing regulations are provided in Part 273 of Title 25 of the Code of Federal Regulations. As amended, this Act authorizes contracts for the education of eligible Indian students enrolled in public schools and previously private schools. This local program is operated under an educational plan, approved by the BIE, which contains educational objectives to address the needs of the eligible American Indian and Alaska Native students. The Johnson-O'Malley Supplemental Indian Education Program Modernization Act (JOM Modernization Act) became Public Law 115-404 on December 31, 2018.
Johnson O’Malley programs offered to American Indian and Alaska Native students vary and may include such programs as culture, language, academics, and dropout prevention.
Johnson-O’Malley funds under this program may not be used for capital expenditures. Eligible applicants are tribal organizations, Indian corporations, school districts, or States with eligible American Indian and Alaska Native children attending their schools or public school districts that have established Indian Education Committees to approve supplementary support programs that benefit American Indians and Alaska Native students. Eligible American Indian and Alaska Native students have enrolled members of a federally recognized tribe or at least one-fourth or more degree of Indian blood descendant of a member of a federally recognized Indian tribal government eligible for services from the Bureau. In addition, eligibility requires these children to be between age 3 through grades 12, with priority given to children residing on or near an Indian reservation.
Dear Tribal Leader Letter - JOM Modernization Act
Johnson-O'Malley Federal Regulations for Contracts
The Code of Federal Regulations Title 25, Part 273 outlines the process for entering contracts under the Johnson-O’Malley Act for financial assistance to meet the educational needs of eligible Indian students and necessary programs.
Title 25, Part 273 addresses JOM participation, geographic coverage, and how these regulations pertain to existing Tribal rights. It also defines program eligibility (for both students and schools), how funds can be used, and the role and powers of local Indian Education Committees and school boards.
Read the full CFR Title 25, Part 273.
Johnson-O'Malley Reports
Johnson-O’Malley Modernization Act Final Report
Supplemental Education Funding Formula
The Bureau of Indian Education, Division of Performance and Accountability (DPA) provides supplemental services to improve academic achievement to 183 Bureau-funded in 23 states on or near 64 American Indian reservations.
The Supplemental Education Program (SEP) office within the Bureau of Indian Education, DPA manages the implementation of programs and funding authorized under Public Law 114-95 and the Every Student Succeeds Act (ESSA) to provide all children significant opportunities to receive a fair, equitable, and high-quality education, and to close achievement gaps. Supplemental Education Programs consist of several “Title” programs, corresponding to major sections of the ESSA legislation.
The SEP office is authorized to manage and monitor the following formula-funded and discretionary grant programs:
Formula-Funded Programs
Title I, Part A:
Improving Basic Programs Operated by Local Educational Agencies – CFDA 84.010A: The purpose of this title is to provide all children significant opportunities to receive a fair, equitable, and high-quality education, and to close educational achievement gaps. Title I, Part A (Title I) of the Elementary and Secondary Education Act (ESEA), as amended by the Every Student Succeeds Act (ESSA), provides financial assistance to Local Educational Agencies (LEAs) and schools with high numbers or high percentages of children from low-income families to help ensure that all children meet challenging academic standards.
An LEA’s Title I allocation is the sum of the amount that the LEA receives under each formula. LEAs target the Title I funds they receive to schools with the highest percentages of children from low-income families. Schools in which children from low-income families make up at least 40 percent of enrollment are eligible to use Title I funds to operate schoolwide programs that serve all children in the school in order to raise the achievement of the lowest-achieving students.
Title I, Part A, 1003(a) School Improvement
A school that is identified for comprehensive support and improvement under ESEA section 1111(c)(4)(D)(i) or implementing targeted support and improvement plans under ESEA section 1111(d)(2) is eligible to receive school improvement funds. In the Bureau of Indian Education, comprehensive support and improvement schools are identified based on rankings according to three-year test averages in English Language Arts and Mathematics and are among the lowest performing schools that represent 5% of all schools eligible for identification OR according to three year, four-year adjusted graduation cohort rates averaged less than or equal to 67%.
A school that is identified for comprehensive or targeted support and improvement must implement evidence-based interventions as part of its comprehensive support and improvement or targeted support and improvement program plan. Under ESEA section 8101(21)(B), any evidence-based intervention, activity, or strategy that the school pays for with ESEA section 1003 funds must meet one of the first three tiers of evidence under ESEA section 8101(21)(A) (strong, moderate, or promising evidence) that will help a school identified for comprehensive or targeted support and improvement have improved student outcomes within the school. A State may award section 1003 school improvement funds to a school for up to four years, which may include a planning year (ESEA section 1003(c)).
Title II, Part A: Supporting Effective Instruction – CFDA 84.367
The purpose of the program is to provide grants to State Educational Agencies (SEAs) and subgrants to Local Educational Agencies (LEAs) to increase student achievement consistent with the challenging State academic standards; improve the quality and effectiveness of teachers, principals, and other school leaders; increase the number of teachers, principals, and other school leaders who are effective in improving student academic achievement in schools; and provide low-income and minority students greater access to effective teachers, principals, and other school leaders.
State-level activities include but are not limited to (1) reforming teacher and principal certification programs, (2) providing support for new teachers, and (3) providing professional development for teachers and principals. Local-level activities include but are not limited to (1) recruiting and retaining effective teachers and principals, (2) providing professional development for teachers and principals, and (3) reducing class size.
Title V, Part B: Rural and Low-Income Schools – CFDA 84.358B
The purpose of the Rural and Low-Income School (RLIS) program is to provide rural districts with financial assistance for initiatives aimed at improving student achievement. LEAs that receive RLIS grants may use the funds to carry out the following types of activities:
- Title I, Part A (Improving Basic Programs Operated by LEAs)
- Title II, Part A (Supporting Effective Instruction)
- Title IV, Part A (Student Support and Academic Enrichment)
- Title IV, Part B (Nita M. Lowey 21st Century Community Learning Centers)
Title IV, Part A: Student Support and Academic Enrichment – CFDA 84.424A
The purpose of the Student Support and Academic Enrichment Grants are intended to improve students’ academic achievement by increasing the capacity of State Educational Agencies (SEAs), Local Educational Agencies (LEAs), and local communities to: provide all students with access to a well-rounded education; improve school conditions for student learning; and improve the use of technology to improve the academic achievement and digital literacy of all students.
Discretionary Grant Programs
Title IV, Part B: Nita M. Lowey 21st Century Community Learning Center – CFDA 84.287
This discretionary grant program supports the creation of community learning centers (school programs) that provide enrichment opportunities during non-school hours for children, particularly students who attend high-poverty and low-performing schools. Currently sixty (60) BIE 21st CCLC centers offer 21st Century programming, including culture and language, youth development, and other out-of-school time activities designed to support participants’ academic success.
A new 21st CCLC grant competition will be announced in late 2024, with a new competition held in early 2025 and awarded in summer 2025 to begin SY25-26.
21st Century resources:
- 21st CCLC Annual Report - SY22-23 (2.67 MB)
- More 21st CCLC resources will be coming soon.
For further information, contact 21st CCLC State Co-Coordinators Sarah Price sarah.price@bie.edu and Andrea Bia andrea.bia@bie.edu.
Title VII, Part B: McKinney-Vento Education for Homeless Children and Youth – CFDA 84.196A
The McKinney-Vento Act is designed to address the challenges that homeless children and youths have faced in enrolling, attending, and succeeding in school.
Under the McKinney-Vento Act, State Educational Agencies (SEAs) must ensure that each homeless child and youth have equal access to the same free, appropriate public education, including a public preschool education, as other children and youths. Homeless children and youths must have access to the educational and related services that they need to enable them to meet the same challenging State academic standards to which all students are held. In addition, homeless students may not be separated from the mainstream school environment. SEAs and Local Educational Agencies (LEAs) are required to review and undertake steps to revise laws, regulations, practices, or policies that may act as barriers to the identification, enrollment, attendance, or success in school of homeless children and youths.
BIE Presentation
BIE McKinney-Vento Monitoring Tool (DRAFT)
McKinney-Vento Homeless Education Assistance Act Education of Homeless Children & Youths School Grant Application & Technical Assistance
The purpose of McKinney-Vento subgrant is to facilitate the enrollment, attendance, and success in school of homeless children and youths. The award is for three (3) years, however grantees will be required to demonstrate success yearly in order to be funded for a subsequent second and third year. Also, awards are contingent upon funding & availability. Listed below is the application and the technical assistance presentation(s) to assist schools seeking to apply. Please contact Valerie Todacheene, Education Programs Specialist, at 505-563-5269, email: valerie.todacheene@bie.edu if you have any questions.
BIE McKinney-Vento Local Education Liaison Training
All BIE schools are required to appoint and identify a McKinney-Vento (Homeless) Local Education Liaison at their school. The state coordinator is required to provide ongoing technical assistance and training to the Local Education Liaison.
Comprehensive Literacy State Development Program – CDFA 84.371C
The Comprehensive Literacy State Development (CLSD) program is authorized under Sections 2222-2225 of the Elementary and Secondary Education Act (ESEA). The purpose of the CLSD discretionary grants is to create a comprehensive literacy program to advance literacy skills, including pre-literacy skills, reading, and writing, for children from birth through grade 12, with an emphasis on disadvantaged children, including children living in poverty, English learners, and children with disabilities.
The Comprehensive Literacy State Development (CLSD) National Literacy Center website includes evidence-based practices, tools and recommendations for practice, news about professional learning events, and other information useful for your work.
Contact: For further information, please contact Cheryl Johnson at cheryl.johnson@bie.edu.
Indian Education Formula Grants – CFDA 84.060A
This program is designed to address the unique cultural, language, and educationally related academic needs of American Indian and Alaska Native students, including preschool children. The programs funded are to meet the unique cultural, language, and educational needs of Indian students and ensure that all students meet the challenging State academic standard. The program is the Department's principal vehicle for addressing the particular needs of Indian children.
Types of Projects – Grant funds supplement the regular school program by meeting the culturally related academic needs of Indian children. Projects help Indian children sharpen their academic skills, assist students in becoming proficient in the core content areas, and provide students an opportunity to participate in enrichment programs that would otherwise be unavailable. Funds support such activities as culturally responsive after-school programs, Native language classes, early childhood education, tutoring, and dropout prevention.
Additional Information – The Indian Education Formula Grant program provides grants to support local educational agencies in their efforts to reform elementary and secondary school programs that serve Indian students. Annually each applicant develops and submits to the Department a comprehensive plan for meeting the needs of Indian children. Applicants must develop this plan in collaboration with a local committee comprised primarily of parents and family members of Indian children and must include student performance goals, a description of professional development activities that the applicant will carry out, and an explanation of how it will assess students’ progress toward meeting its goals and will provide the results of this assessment to the parent committee, Indian community, and tribes whose children are served by the LEA.
Region 13 Comprehensive Center Network - The RG13 Comprehensive Center provides technical assistance and professional development to the SEP office in improving education results and compliance for supplemental programs to ensure quality support and services.
