GAP Policy

1. General

1. Purpose of Program. The purpose of the Gap Program is to assist Tribal Members over eighteen (18) years of age that are pursuing a high school diploma, GED or the equivalent, and are ineligible for General Welfare distributions based solely on age and educational requirements, to continue their educational development while the Tribal Member remains ineligible for General Welfare distributions.
2. Purpose of Policy. The purpose of this Policy is to outline the terms and conditions of the Gap Program and provide the general framework for the implementation of the Gap Program.
3. Not a General Welfare Program. The Gap Program is not a General Welfare Program. The General Welfare Act of 2022 shall not apply to, or be used as interpretive guidance for, the Gap Program.

2. Eligibility

1. Enrollment. Only duly enrolled members of the Tribe are eligible to receive benefits under the Gap Program.
2. Age. To be eligible for benefits under the Gap Program, the Tribal Member must be at least eighteen (18) years of age and less than twenty-five (25) years of age.
3. Education. To be eligible for benefits under the Gap Program, the Tribal Member must (i) have not obtained a high school diploma, GED or the equivalent demonstrating successful completion of secondary education; and (ii) demonstrate, to the satisfaction of the Department of Education, that the Tribal Member is currently pursuing a high school diploma, GED or the equivalent.
4. Good Standing. To be eligible for benefits under the Gap Program, the Tribal Member must be in Good Standing. For the purposes of the Gap Program, Good Standing means that the Tribal Member (i) is in compliance with all applicable Tribal Laws including attending financial skills training as may be required, (ii) owes no financial debts to the Tribe or has made arrangements for repayment of any debts owed to the Tribe subject to the satisfaction of the Office of the Chairperson, and (iii) is not incarcerated.
5. Complete Application. To be eligible for benefits under the Gap Program, the Tribal Member must complete all application forms and materials in accordance with the requirements of this Policy and any additional requirements imposed by the Department of Education.
6. Quarterly Use. To be eligible for benefits under the Gap Program, the Tribal Member must have not received any benefits under the General Welfare Act of 2022, any General Welfare Program, or this Gap Program within the three (3) months prior to the date of application.
7. Workshops. To be eligible for benefits under the Gap Program, the Tribal Member must have attended two workshops, trainings, or seminars conducted through the Education Department; one of which must address Career Counseling and the other must address Financial Literacy[MS1] . These workshops must be completed once, prior to the first application, but do not need to be repeated for every subsequent application.

3. Authorized Costs. Benefits provided under the Gap Program may only be used for expenses related to the Tribal Member’s educational program in which the Tribal Member is pursuing a high school diploma, GED or the equivalent, and any associated expenses, including but not limited to: room and board, transportation costs, tuition, books, computers, software, supplies and equipment, uniforms, and other items reasonably necessary for completion of the course work or participating in the educational program.
4. Application Process

1. Application. As a condition of receiving benefits under the Gap Program, Tribal Members shall submit an application to the Department of Education, using any application forms and submitting any supporting information or documentation reasonably requested by the Department of Education. By submitting an application, the Tribal Member agrees to the terms and conditions of this Policy.
2. Adequate Funding. Upon the receipt of an application, the Department of Education will first ensure that the Gap Program has adequate funding for the application and all pending applications. If there is inadequate funding, the Department of Education may, at its discretion so long as the Department of Education remains within the budgeted amount, (1) deny all applications, (2) accept certain applications (based on timing, need, or other factors) and deny others, (3) reduce the authorized benefit amount listed below to include more applicants, and/or (4) take any other action deemed appropriate so long as such actions remain within the budgeted amount and comply with applicable laws.
3. Verification. Upon the completion of the actions listed in subsection (B) above, the Department of Education will review the application to ensure that all requirements in this Policy are satisfied.
4. Disbursement. Upon the completion of the review listed in subsection (C) above, if the applicant and the application meet all of the requirements outlined in this Policy, the Department of Education will disburse, through a check or electronic transfer, $1,000 [MS2] (or a lesser amount as contemplated by subsection (B) above) directly to the applicant.

5. No Entitlements

1. No Right To Compel. No Tribal Member, nor any person or creditor claiming rights or interests derived from a Tribal Member, shall be entitled to compel the disbursement of funds under the Gap Program.
2. CAO Review. If the Department of Education denies any application and the applicant believes the denial was unlawful and/or inconsistent with this Policy, the applicant may request review of the denial by the Chief Administrative Officer by submitting a written request for review to the Chief Administrative Officer within fourteen (14) calendar days following the denial. The decision of the Chief Administrative Officer shall be final and not subject to further review or appeal administratively or in any tribal, state, or federal forum.
3. No Appeals. The Department of Education’s and the Chief Administrative Officer’s decisions on any application or any matter in the implementation of the Gap Program are final and not subject to appeal. Nothing in this Policy or the Gap Program authorizes an Appeal from Government Decision or any other filing with the Tribal Court.

6. Record-Keeping

1. Members. Members receiving benefits under the Gap Program must retain receipts and other documentation evidencing that funds provided by the Gap Program were used only for authorized costs. Members shall present such receipts and other documentation to the Department of Education upon request.
2. Ledger. The Department of Education will maintain an annual ledger that records each and every payment provided by the Gap Program, which will include the name of the Tribal Member receiving the payment, the amount of the payment, the date of payment, and any additional information that the Department of Education deems appropriate.
3. Ineligibility. For each applicant determined to be ineligible, the Department of Education will retain all information and documentation relating to the decision of ineligibility.

7. Audit

1. Right to Audit. The Department of Education may investigate the use of funds provided under the Gap Program to ensure that funds are used exclusively for authorized purposes through any reasonable means, including but not limited to requiring receipts or other documentation from the Tribal Member.
2. Cooperation. Tribal Members are required to cooperate with any reasonable requests by the Department of Education in investigating the use of funds provided under the Gap Program, including but not limited to by providing receipts or other documentation on the use of funds. The failure to cooperate with the Department of Education may be used as conclusive evidence that funds provided under the Gap Program were used for unauthorized purposes, requiring immediate repayment of such amounts.
3. Repayment. In the event that a Tribal Member uses funds provided by the Gap Program for unauthorized purposes, or fails to prove that such funds were used exclusively for authorized purposes, the Department of Education may require immediate repayment of any such funds.

8. Incompetent Members

1. Waiver. If an Incompetent Member (as defined in the General Welfare Act of 2022) obtains a waiver from the Tribal Council of the requirement to obtain a high school diploma, GED or the equivalent demonstrating successful completion of secondary education to be eligible for General Welfare distributions, the Incompetent Member shall be ineligible for benefits under the Gap Program.
2. Process. If an Incompetent Member (as defined in the General Welfare Act of 2022) is eligible for benefits under the Gap Program, the Department of Education, at its discretion, may substitute the parent, legal guardian, or person holding a valid power of attorney for such Incompetent Member in place of the Incompetent Member as it relates to the obligations, conditions, and requirements of this Policy, which includes the discretion to allow the parent, legal guardian, or person holding a valid power of attorney for an Incompetent Member to apply for, receive the check for, and respond to audits for the Incompetent Member.

9. Miscellaneous

1. Termination. The Gap Program may be terminated by the Department of Education at any time for any reasonable cause. Upon termination, the Department of Education will provide written notice to the Chairperson, Tribal Council Spokesperson, and Chief Administrative Officer, which will include a statement on the amount of unused funds allocated to the Gap Program.
2. Pause. The Gap Program may be temporarily paused by the Department of Education at any time for any reasonable cause. The Gap Program will be automatically paused upon exhaustion of the funds allocated to the Gap Program by the Tribal Council. If the Gap Program is expected to be paused for more than seven (7) calendar days, the Department of Education will provide written notice to the Chief Administrative Officer. If the Gap Program is expected to be paused for more than thirty (30) calendar days, the Department of Education will also provide written notice to the Chairperson and Tribal Council Spokesperson.
3. Amendments. This Policy may be amended by the Department of Education at any time for any reasonable cause. Upon amending this Policy, the Department of Education will provide written notice to the Chief Administrative Officer. The Chief Administrative Officer will determine whether the amendments are significant enough to notify the Chairperson and Tribal Council Spokesperson.