25 CFR 36, Subpart G

§ 36.70

25 CFR Ch. I (4–1–11 Edition)

time and resources required which otherwise would be available for these
standards;
(2) Modify any policies and practices
which interfere with or compromise a
school’s capability to achieve and
maintain these standards;
(3) Invite non-Federal agencies to
evaluate the effects current policies
and procedures have had on complying
with the requirements of this part; and
(4) Submit annually to the Director a
copy of the summative evaluation.

Subpart G—Homeliving Programs
AUTHORITY: 25 U.S.C. 13; 25 U.S.C. 2008; Pub.
L. 107–110 (115 Stat. 1425).

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SOURCE: 72 FR 68498, Dec. 5, 2007, unless
otherwise noted.

§ 36.70 What terms do I need to know?
The following definitions apply to
this subpart:
Behavioral health professional means a
State licensed or State certified Social
Worker, School Counselor, Drug and
Alcohol Counselor, School Psychologist, or School Psychometrist responsible for coordinating a broad range of
needs including:
(1) Support groups;
(2) Individual counseling;
(3) Crisis intervention;
(4) Preventive activities; and
(5) Coordination of referrals and outside services with appropriate providers.
Behavioral Health Program means a
homeliving based service designed to
decrease barriers to learning or increase positive, personal well-being by:
(1) Providing early intervention services, coordinating crisis intervention
and prevention services;
(2) Promoting a positive social and
emotional environment;
(3) Reducing the incidence of problems; and
(4) Referring students with behavioral needs that require professional
medical care to an appropriate residential care facility.
Behavioral health services means the
services provided by a school behavioral health program as defined in this
section.
Homeliving Manager means the employee responsible for direct super-

vision of the homeliving program staff
and students.
Homeliving Program means a program
that provides room and board in a
boarding school or dormitory to residents who are either:
(1) Enrolled in and are current members of a public school in the community in which they reside; or
(2) Members of the instructional program in the same boarding school in
which they are counted as residents
and:
(i) Are officially enrolled in the residential program of a Bureau-operated
or funded school; and
(ii)
Are
actually
receiving
a
homeliving program provided to all
students who are provided room and
board in a boarding school or dormitory.
Homeliving Program Staff means the
employee(s) responsible for direct supervision of students in the homeliving
area.
Homeliving Supervisor means the employee with overall administrative responsibility for supervising students,
programs, and personnel in the
homeliving area.
§ 36.71 What is the purpose of this
part?
The purpose of this part is to establish standards for homeliving programs.
STAFFING
§ 36.75 What
qualifications
must
homeliving staff possess?
(a) Homeliving staff must possess the
qualifications shown in the following
table:
Position

Required training

(1) Homeliving
Supervisor.
(2) Homeliving
Manager.

(3) Homeliving
Program Staff.

Must be qualified based on size and complexity of the school, but at minimum
possess a bachelor’s degree.
Must be qualified based on the size and
complexity of the student body but must
at a minimum have an associate’s degree no later than 2008.
Must have at least 32 post-secondary semester hours (or 48 quarter hours) in an
applicable academic discipline, including
fields related to working with children,
such as, child development, education,
behavioral sciences and cultural studies.

(b)
A
person
employed
homeliving program staff:

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as

a

Bureau of Indian Affairs, Interior

§ 36.81

(1) Should meet the requirements of
paragraph (a) of this section by the
2009–2010 school year; and
(2) May, upon showing good cause,
petition the school supervisor (or the
homeliving supervisor for peripheral
dorms) for a waiver from the new qualifications.
§ 36.76 Who is in charge of all
homeliving operations?
One staff member who has the authority to ensure the successful functioning of all phases of the homeliving
program should be designated as in
charge of all homeliving operations.
All staff should be advised of the lines
of authority through an organizational
chart approved by the local board responsible
for
operations
of
the
homeliving program.
§ 36.77 What are the homeliving staffing requirements?
Homeliving programs must meet the
staffing requirements of this section.
(a) Effective with the 2009–2010 school
year, each homeliving program must
maintain the following student minimum supervisory requirements on
weekdays:
Grade level

Time of day

Ratio

Elementary (Grade 1–6)

Morning ..........
During school
Evening ..........
Night ...............

1:20.
As school needs.
1:20.
1:40.

High School (Gr. 7–12)

Morning ..........
During school
Evening ..........
Night ...............

1:20.
As school needs.
1:30.
1:50.

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(b) The following
apply on weekends:

staffing

ratios

Grade level

Time of day

Ratio

Elementary (Grade 1–6) ......

Morning/day ............
Evening ...................
Night .......................

1:20.
1:20.
1:40.

High School (Gr. 7–12) ........

Morning/day ............
Evening ...................
Night .......................

1:40.
1:40.
1:50.

employees who work a minimum of 20
hours per week.
§ 36.79 What are the homeliving behavioral professional staff/student ratio
requirements?
Behavioral health professional(s) is
necessary in homeliving programs to
address issues, such as abuse, neglect,
trauma, cultural conflict, and lack of
school success. Each homeliving program must provide a minimum of one
half-time behavioral health professional for every 50 students.
(a) The program may fill the staffing
requirements of this section by using
contract services, other agencies (including the Indian Health Service) or
private/nonprofit volunteer service organizations.
(b) Off-reservation homeliving programs should consider providing one
full-time behavioral health professional for every 50 students.
(c) For purposes of this section, a one
half-time behavioral health professional is one that works for the
homeliving program a minimum of 20
hours per week.
(d) For purposes of this section, in instances where the behavioral health
services are obtained through other
programs, the behavioral health professional must be available at the request
of the homeliving program.
§ 36.80 If a school or dormitory has
separated
boys’
and
girls’
homeliving programs, may the same
behavioral professional be used for
each program?
Yes, a program may use the same behavioral professional for both boys’ and
girls’ programs. However, behavioral
health staffing requirements are based
on the combined enrollment during the
homeliving count period.
§ 36.81 May a homeliving program use
support staff or teachers to meet
behavioral health staffing requirements?

§ 36.78 What are the staffing requirements for homeliving programs offering less than 5 nights service?
For homeliving programs providing
less than 5 nights service, the staffing
levels from 36.77 apply. To fill this requirement, the program must use only

No, a homeliving program must not
use support staff or teachers to meet
behavioral health staffing requirements. The only exception is if the individual support staff employee or
teacher has the appropriate behavioral
health license or certification.

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§ 36.82

25 CFR Ch. I (4–1–11 Edition)

§ 36.82 May behavioral health professional(s) provide services during
the academic school day?
Behavioral
health
professional(s)
must average at least 75 percent of
their work hours with students in their
dormitories. These work hours must
occur outside of the academic school
day, except in emergency situations as
deemed by the administrative head of
the homeliving program or designee.
The purpose of this requirement is to
maximize contact time with students
in their homeliving setting.
§ 36.83 How many hours can a student
be taken out of the academic setting to receive behavioral health
services?
A student may spend no more than 5
hours per week out of the academic
setting to receive behavioral health
services from the homeliving behavioral health professional(s), except for
emergency situations.
§ 36.84 Can a program hire or contract
or acquire by other means behavioral health professionals to meet
staffing requirements?
A program may hire or contract behavioral health professionals to meet
staffing requirements or acquire such
services by other means such as
through a Memorandum of Understanding with other programs.
(a) At least one individual must be a
licensed or certified school counselor
or a social worker who is licensed/certified to practice at the location where
the services are provided.
(b) For additional staffing, other individuals with appropriate certifications or licenses are acceptable to
meet staffing requirements.

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§ 36.85 Is a nurse required to be available in the evenings?
No, a program is not required to
make a nurse (LPN or RN) available in
the evenings. However, this is encouraged for homeliving programs with an
enrollment greater than 300 or for programs that are more than 50 miles
from available services.

§ 36.86 Are there staff training requirements?
(a) All homeliving program staff as
well as all employees that supervise
students participating in homeliving
services and activities must have the
appropriate certification or licensing
requirements up to date and on file.
Programs must provide annual and
continuous professional training and
development appropriate to the certification and licensing requirements.
(b) All homeliving program staff as
well as all employees who supervise
students participating in homeliving
services and activities must receive annual training in the topics set out in
this section before the first day of student occupancy for the year.
(1) First Aid/Safety/Emergency & Crisis Preparedness;
(2)
CPR—Automated
External
Defibrillator;
(3) Student Checkout Policy;
(4) Confidentiality (Health Information Privacy Act and the Family Education Right to Privacy Act.);
(5) Medication Administration;
(6) Student Rights;
(7) Child Abuse Reporting Requirements and Protection Procedures; and
(8) Suicide Prevention.
(c) Homeliving staff as well as all employees that supervise students participating in homeliving services and activities must be given the following
training annually:
(1) De-escalation/Conflict Resolution;
(2) Substance Abuse Issues;
(3) Ethics;
(4) Parenting skills/Child Care;
(5) Special Education and Working
with Students with Disabilities;
(6) Student Supervision Skills;
(7) Child Development (recognizes
various stages of development in the
student population);
(8) Basic Counseling Skills; and
(9) Continuity of Operations Plan
(COOP).
PROGRAM REQUIREMENTS
§ 36.90 What recreation, academic tutoring, student safety, and health
care services must homeliving programs provide?
All homeliving programs must provide for appropriate student safety,
academic tutoring, recreation, and

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Bureau of Indian Affairs, Interior

§ 36.95

health care services for their students,
as deemed necessary by the local
school board or homeliving board.
§ 36.91 What are the program requirements for behavioral health services?
(a) The homeliving behavioral health
program must make available the following services:
(1) Behavioral Health Screening/Assessment;
(2) Diagnosis;
(3) Treatment Plan;
(4) Treatment and Placement;
(5) Evaluation; and
(6) Record of Services (if applicable,
in coordination with the student’s Individual Education Plan).
(b) Each homeliving behavioral
health program must have written procedures for dealing with emergency behavioral health care issues.
(c) Parents or guardians may opt out
of any non-emergency behavioral
health services by submitting a written
request.
(d) Parents or guardians must be consulted before a child is prescribed behavioral health.
(e) Medication in a non-emergency
situation.

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§ 36.92 Are there any activities that
must be offered by a homeliving
program?
Yes, a homeliving program must
make available the following activities:
(a) One hour per day of scheduled,
structured physical activity Monday
through Thursday, and two hours of
scheduled physical activities on the
weekends for any students who are in
residence on the weekends;
(b) One hour per day of scheduled,
structured study at least four days per
week for all students, and additional
study time for students who are failing
any classes;
(c) Tutoring during study time;
(d) Native language or cultural activities; and
(e) Wellness program that may include character, health, wellness, and
sex education.

§ 36.93 Is a homeliving handbook required?
Yes, each program must publish a
homeliving handbook, which may be
incorporated into a general student
handbook. During the first week the
students and staff are in the dormitory, the homeliving program must:
(a) Provide each student with a copy
of the handbook that contains all the
provisions in 36.94;
(b) Provide all staff, students, and
parents or guardians with a current
and updated copy of student rights and
responsibilities;
(c) Conduct an orientation for all students on the handbook and student
rights and responsibilities; and
(d) Ensure that all students, school
staff, and to the extent possible, parents and guardians confirm in writing
that they have received a copy of and
understand the homeliving handbook.
§ 36.94 What must a homeliving handbook contain?
A homeliving handbook must contain
all of the following, and may include
additional information:
(a) Mission/Vision Statement;
(b) Discipline Policy;
(c) Parent/Student Rights and Responsibilities;
(d) Confidentiality;
(e) Sexual Harassment Policy;
(f) Violence/Bullying Policy;
(g) Homeliving Policies and Procedures;
(h) Services Available;
(i) Personnel and Position Listing;
(j) Emergency Procedures and Contact Numbers;
(k) Bank Procedures;
(l) Transportation Policy;
(m) Check-Out Procedures;
(n) Dress Code;
(o) Drug/Alcohol Policy;
(p) Computer Usage Policy;
(q) Medication Administration Policy
and Procedure; and
(r) Isolation/Separation Policy.
§ 36.95 What sanitary standards must
homeliving programs meet?
Each homeliving program must meet
all of the following standards:
(a) Restrooms, showers, and common
areas must be cleaned daily;
(b) Rooms must be cleaned daily;

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§ 36.96

25 CFR Ch. I (4–1–11 Edition)

(c) Linens must be changed and
cleaned weekly;
(d) Linens are to be provided;
(e) Basic Toiletries must be provided;
and
(f) Functional washing machines and
dryers must be provided.
§ 36.96 May students be required to assist with daily or weekly cleaning?
Yes, students can be required to assist with daily or weekly cleaning.
However, the ultimate responsibility of
cleanliness rests with the homeliving
supervisor and local law or rules regarding chemical use must be followed.
§ 36.97 What basic requirements must
a program’s health services meet?
(a) A homeliving program must make
available basic medical, dental, vision,
and other necessary health services for
all students residing in the homeliving
program, subject to agreements between the BIE and the Indian Health
Service or between a tribally-operated
homeliving program and the Indian
Health Service or tribal health program.
(b) A homeliving program must have
written procedures for dealing with
emergency health care issues.
(c) Parents or guardians may opt out
of any non-emergency services by submitting a written request.
(d) The homeliving supervisor or designee must act in loco parentis when the
parent or guardian cannot be found.

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§ 36.98 Must the homeliving program
have an isolation room for ill children?
Yes, the homeliving program must
have an isolation room(s) available for
ill students. The isolation room (or
rooms, if needed) must be made available for use by students with contagious conditions. Contagious boys
and girls should have separate rooms.
The isolation room(s) should have a
separate access to shower and restroom
facilities. Students isolated for contagious illness must be supervised as
frequently and as closely as the circumstances and protocols require, but
at least every 30 minutes.

§ 36.99 Are immunizations required for
residential program students?
Each student must have all immunizations required by State, local, or
tribal governments before being admitted to a homeliving program. Annual
flu shots are not required, but are encouraged.
§ 36.100 Are there minimum requirements
for
student
attendance
checks?
Yes, there are minimum requirements for student attendance checks as
follows:
(a) All students must be physically
accounted for four times daily;
(b) Each count must be at least two
hours apart;
(c) If students are on an off-campus
activity, physical accounts of students
must be made at least once every two
hours or at other reasonable times depending on the activity;
(d) At night all student rooms should
be physically checked at least once
every hour;
(e) If a student is unaccounted for,
the homeliving program must follow
its established search procedures; and
(f) When homeliving staff is aware of
a student who is going to be absent
from school, the homeliving program is
required to notify the school.
§ 36.101 How often must students who
have been separated for emergency
health or behavioral reasons be supervised?
Students who have been separated for
emergency behavioral or health reasons must be supervised as frequently
and as closely as the circumstances
and protocols require. No student will
be left unsupervised for any period
until such factors as the student’s
health based on a medical assessment,
the safety of the student, and any
other applicable guidance for dealing
with behavior or health emergencies
are considered.
§ 36.102 What student resources must
be provided by a homeliving program?
The following minimum resources
must be available at all homeliving
programs:

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Bureau of Indian Affairs, Interior

Pt. 37

(a) Library resources such as access
to books and resource materials, including school libraries and public libraries which are conveniently available;
(b) A copy of each textbook used by
the academic program or the equivalent for peripheral dorms; and
(c) Reasonable access to a computer
with Internet access to facilitate
homework and study.
§ 36.103 What are the requirements for
multipurpose spaces in homeliving
programs?
Homeliving programs must provide
adequate areas for sleeping, study,
recreation, and related activities.
PRIVACY
§ 36.110 Must programs provide space
for storing personal effects?
Yes, students are entitled to private
personal spaces for storing their own
personal effects, including at least one
lockable closet, dresser drawer, or storage space. However, all drawers, dressers, storage space, or lockable space
are the property of the homeliving program and are subject to random search.

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WAIVERS AND ACCOUNTABILITY
§ 36.111 Can a tribe, tribal governing
body, or local school board waive
the homeliving standards?
A tribal governing body or local
school board may waive some or all of
the standards established by this part
if the body or board determines that
the standards are inappropriate for the
needs of the tribe’s students.
(a) If a tribal governing body or
school board waives standards under
this section, it must, within 60 days,
submit proposed alternative standards
to the Director, BIE.
(b) Within 90 days of receiving a
waiver and proposal under paragraph
(a) of this section, the Director must
either:
(1) Approve the submission; or
(2) Deliver to the governing body or
school board a written explanation of
the good cause for rejecting the submission.
(c) If the Director rejects a submission under paragraph (c) of this section, the governing body or school

board may submit another waiver and
proposal for approval. The standards in
this part remain in effect until the Director approves alternative standards.
§ 36.112 Can a homeliving program be
closed, transferred, consolidated, or
substantially curtailed for failure to
meet these standards?
No, a homeliving program cannot be
closed, transferred to any other authority, consolidated, or its programs
substantially curtailed for failure to
meet these standards.
§ 36.120 What type of reporting is required to ensure accountability?
The homeliving program must provide to the appropriate local school
board or alternative board such as a
homeliving board, the tribal governing
body, BIE, and the Secretary of the Interior, an annual accountability report
within 45 days following the end of the
school year consisting of:
(a) Enrollment figures identified by
the homeliving count period;
(b) A brief description of programs
offered;
(c) A statement of compliance with
the requirements of this part and, if
the program is not in compliance, recommendations for achieving compliance; and
(d) Recommendations to improve the
homeliving program including identification of issues and needs.

PART 37—GEOGRAPHIC
BOUNDARIES
Sec.
37.100
37.101
in
37.102
37.103

What is the purpose of this part?
What definitions apply to the terms
this part?
How is this part organized?
Information collection.

Subpart A—All Schools
37.110 Who determines geographic attendance areas?
37.111 What role does a tribe have in issues
relating to school boundaries?
37.112 Must each school have a geographic
attendance boundary?

Subpart B—Day Schools, On-Reservation
Boarding Schools, and Peripheral Dorms
37.120 How does this part affect current geographic attendance boundaries?

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