[Senate Hearing 114-170]
[From the U.S. Government Publishing Office]
S. Hrg. 114-170
BUREAU OF INDIAN EDUCATION:
EXAMINING ORGANIZATIONAL CHALLENGES
IN TRANSFORMING EDUCATIONAL
OPPORTUNITIES FOR INDIAN CHILDREN
=======================================================================
HEARING
before the
COMMITTEE ON INDIAN AFFAIRS
UNITED STATES SENATE
ONE HUNDRED FOURTEENTH CONGRESS
FIRST SESSION
__________
MAY 13, 2015
__________
Printed for the use of the Committee on Indian Affairs
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COMMITTEE ON INDIAN AFFAIRS
JOHN BARRASSO, Wyoming, Chairman
JON TESTER, Montana, Vice Chairman
JOHN McCAIN, Arizona MARIA CANTWELL, Washington
LISA MURKOWSKI, Alaska TOM UDALL, New Mexico
JOHN HOEVEN, North Dakota AL FRANKEN, Minnesota
JAMES LANKFORD, Oklahoma BRIAN SCHATZ, Hawaii
STEVE DAINES, Montana HEIDI HEITKAMP, North Dakota
MIKE CRAPO, Idaho
JERRY MORAN, Kansas
T. Michael Andrews, Majority Staff Director and Chief Counsel
Anthony Walters, Minority Staff Director and Chief Counsel
C O N T E N T S
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Page
Hearing held on May 13, 2015..................................... 1
Statement of Senator Barrasso.................................... 1
Statement of Senator Daines...................................... 44
Statement of Senator Franken..................................... 3
Statement of Senator Heitkamp.................................... 46
Statement of Senator Hoeven...................................... 41
Statement of Senator Tester...................................... 2
Statement of Senator Udall....................................... 42
Witnesses
Emrey-Arras, Melissa, Director, Education, Workforce and Income
Security Issues, U.S. Government Accountability Office......... 9
Prepared statement........................................... 11
Jones, Hon. Carri, Chairwoman, Leech Lake Band of Ojibwe......... 32
Prepared statement........................................... 33
Lewis, Tommy, Superintendent of Schools, Department of Dine
Education, Navajo Nation....................................... 36
Prepared statement........................................... 37
Roessel, Charles ``Monty'', Director, Bureau of Indian Education,
Department of the Interior..................................... 4
Prepared statement........................................... 6
Appendix
Bordeaux, Dr. Roger, Executive Director, Association of Community
Tribal Schools, Inc., letter................................... 65
National Indian Education Association, prepared statement........ 57
Response to written questions submitted to Charles ``Monty''
Roessel by:
Hon. Mike Crapo.............................................. 69
Hon. Al Franken.............................................. 75
Hon. Tom Udall............................................... 71
Steele, John Yellow Bird, President, Oglala Sioux Tribe, prepared
statement...................................................... 55
Vizenor, Hon. Erma J., Chairwoman, White Earth Band of Ojibwe,
prepared statement............................................. 60
BUREAU OF INDIAN EDUCATION: EXAMINING
ORGANIZATIONAL CHALLENGES IN
TRANSFORMING EDUCATIONAL
OPPORTUNITIES FOR INDIAN CHILDREN
----------
WEDNESDAY, MAY 13, 2015
U.S. Senate,
Committee on Indian Affairs,
Washington, DC.
The Committee met, pursuant to notice, at 2:30 p.m. in room
628, Dirksen Senate Office Building, Hon. John Barrasso,
Chairman of the Committee, presiding.
OPENING STATEMENT OF HON. JOHN BARRASSO,
U.S. SENATOR FROM WYOMING
The Chairman. Good afternoon. I call this hearing to order.
Today, the Committee will examine the organizational
challenges that continue to plague the Bureau of Indian
Education.
The Federal Government has an important responsibility in
educating Indian children. In the past Congresses, this
Committee has held several hearings on Indian education. One
troubling finding throughout these hearings is the lack of
consistent successful achievements at the Bureau of Indian
Education schools.
Indian children are some of the most at-risk children in
the Nation. The school conditions many of them face on a daily
basis are deplorable. For example, according to the Government
Accountability Office, some Bureau of Indian Education schools
fail to meet basic fire and health standards.
Nearly two years ago, on May 15, 2013, Secretary Jewell
testified before this Committee that the state of Indian
education was an embarrassment. The Government Accountability
Office has issued numerous reports detailing systemic problems
with the organization at the Bureau of Indian Education and the
Bureau of Indian Affairs. These problems prolong efforts to
repair schools and educate Indian children.
According to the GAO, the recommendations in the reports
have not been fully implemented. These agencies must work
together to find ways to help our Indian children.
I look forward to hearing what progress the Department has
made in addressing these issues and improving student
achievement.
Before we hear from our witnesses, I would like to turn to
Senator Tester for his opening statement.
STATEMENT OF HON. JON TESTER,
U.S. SENATOR FROM MONTANA
Senator Tester. Well, thank you, Mr. Chairman, and thank
you for holding this hearing.
I also, before starting my prepared statement, I want to
recognize Carol Lankford as Vice Chair of the Salish and
Kootenai Tribes here. Carol, are you here? There she is, right
over there. It is great to have you here, Carol. Thank you for
your interest in education in Indian Country.
I would also say, Mr. Chairman, since your daughter is
here, I hope you hold with the longstanding tradition of having
her come up and explain to us what she interprets as the
meaning of life.
[Laughter.]
Senator Tester. Look, we all know here that education is
the foundation for everybody, and it is more important, I
believe, as far as the future for Indian Country because of the
poverty that is in Indian Country. I am glad that this
Committee continues to privatize this issue of education. It
was almost exactly a year ago that we held an oversight hearing
on the Bureau of Indian Education, so I am looking forward to
hearing what progress has been made by the Department and
stakeholders to improve the BIE.
One of the main themes we continue to hear from Indian
country is that something needs to be done to improve school
facilities. I couldn't agree more. Last week, I and several
members of this Committee sent a letter to Secretary Jewell
requesting that the Department use a fair and transparent
process in developing new school construction priority lists.
In that letter, we also encouraged the Department to take a
look at what the Defense Department is doing to improve its
school facilities, since they operate the only other Federal
school system.
I am aware that this is comparing apples to oranges, but we
simply cannot continue to allow this double standard when it
comes to providing education for our Native youth.
By working with the Office of Management and Budget and the
Congressional Appropriations Committees, the Department can
make a similar plan to build on the strategic best practices
learned by the Defense Department's recent construction
improvement efforts.
At the same time, we need to be having a serious
conversation about what is reasonable with such an underfunded
BIE budget. Budgets are a direct demonstration of our
priorities, and we can't continue to let our Native students
lose out on the current state of priorities in this Congress.
Furthermore, I don't think we can expect the Department to
be able to meet the needs of infrastructure in Indian Country
if we don't appropriate them adequate monies to get that job
done.
In summary, we should be building a few less Apache
helicopters and a few more Apache schools. Improving the
learning environment is only one part of the solution. We also
need to make smart targeted investments in other areas directly
related to the education of Native children, including
increasing our investments in per student funding.
In my home State of Montana, there are two BIE schools, one
BIE dormitory. One of those BIE schools is the tribally-
operated Two Eagle River School in Pablo, Montana. The Tribe
reported to me that public schools on the reservation receive
almost 6,000 more dollars per Native student than do BIE
schools on a reservation. That disparity must be rectified.
In addition to the per student imbalance, I often hear
stories that schools are having to make tough choices between
keeping the heat on or buying materials for the students, or,
even worse, having to supplement their classroom budgets with
money from their own pockets. School administrators and
teachers shouldn't have to make these kind of tough choices; it
is unacceptable and we need to do better if we expect a better
outcome for our Native children.
I think it is clear that the educational realities of
Native students are finally starting to play a part in our
national conversation about schools, and that is why I am glad
we are keeping the focus on this topic here in this Committee
today.
I am pleased with the Administration's increased focus on
issues affecting Native youth and the cross-agency
collaboration that is happening. As these partnerships and
initiatives continue to progress, I plan to help in any way I
can, and I want to thank everyone on the ground who works so
very hard every day to improve the lives of Native children
throughout Indian country.
I look forward to hearing each one of the folks here at the
panel testimony today. Thank you for being here and we look
forward to your words of wisdom.
Thank you, Mr. Chairman.
The Chairman. Thank you, Vice Chairman Tester.
I would point out that also joining us are a number of
students from Wyoming from St. Stephens School in St. Stephens,
Wyoming, who are here as part of the Close Up Program. They
were here in this room earlier this morning to meet with
Senator Enzi and me. They just got back from across the way,
having met with our congressman, Cynthia Lummis, and they are
paying very close attention.
Could I ask you all to stand up and make sure that you feel
welcome here in the Committee? Thank you. Thanks so much for
joining us today. Thank you.
[Applause.]
The Chairman. Do any other members have opening statements?
I know also that, Senator Franken, you have one of the
panelists at some point you are going to want to introduce as
well. You could do it now or do it later, depending on your
time.
STATEMENT OF HON. AL FRANKEN,
U.S. SENATOR FROM MINNESOTA
Senator Franken. I will do it right now, Mr. Chairman.
Thank you.
I am very pleased to be able to introduce Chairwoman Carri
Jones, who hails from my State of Minnesota. She brings very
valuable experience to this hearing as a witness. Ms. Jones was
elected Chairwoman of the Leech Lake Band of the Ojibwe in
2012, making her the first woman and the youngest person ever
to hold the position of tribal chair on the Leech Lake Tribal
Council. The Tribal Council is the elected body of government
responsible for managing the affairs of the Ojibwe at Leech
Lake, which is a sovereign territory in north central
Minnesota, just north of Bemidji.
Previously, Chairwoman Jones served as a controller of
finance for the Leech Lake Band of Ojibwe for three years.
Chairwoman Jones is a knowledgeable champion for Native
American youth and a tireless advocate for the students,
educators, and families of the Bug-O-Nay-Ge-Shig School, which
has been sort of a project of mine.
When Senator Tester, the ranking member, talked about
woeful levels of funding in Indian Country on education, the
Leech Lake School, the Bug-O-Nay-Ge-Shig School is an example
of a school I visited a few weeks ago. The principal and
teachers and everybody there is great, but the physical plant
is a disgrace and needs to be replaced, and I have been
fighting for that since early 2010.
But I am very pleased that Chairwoman Jones is a witness
for us today, and we will benefit from her experience and her
insight.
Thank you, Mr. Chairman.
The Chairman. Thank you very much, Senator Franken.
Anyone else have an opening statement?
If not, we will hear from four witnesses today: Dr. Charles
``Monty'' Roessel, the Director of the Bureau of Indian
Education; Ms. Melissa Emrey-Arras, Director of the Government
Accountability Office; the Honorable Carri Jones, who was just
introduced by Senator Franken; and Dr. Tommy Lewis, who is the
Superintendent of Navajo Nation Department of Dine Education
from Arizona.
Thank you and welcome. I want to remind the witnesses that
your full written testimony will be made a part of the official
hearing record. Please try to keep your statements to five
minutes so that we may have adequate time for questions.
I look forward to hearing the testimony from each of you,
beginning with Dr. Roessel. Thank you. Please proceed.
STATEMENT OF CHARLES ``MONTY'' ROESSEL, DIRECTOR,
BUREAU OF INDIAN EDUCATION, DEPARTMENT OF THE
INTERIOR
Dr. Roessel. Good afternoon, Chairman Barrasso, Vice
Chairman Tester, and members of the Committee. Thank you for
this opportunity to testify on the Bureau of Indian Education.
I have been the director for over a year now. I come here
with a renewed sense of confidence that we will get the job
done. The success of BIE is contingent on the continued
engagement of Tribes, the Administration, Congress, and
advocates for American Indian Students.
The blueprint for reform and the realignment needed to
implement it is not BIE's plan or my plan, but is the
restructuring that embeds the voices of over 400 American
Indian stakeholders. Every new organizational box is based on
the ideas and contributions of education and Tribal leaders,
parents and teachers, administrators and students. These are
not just boxes on an org chart, but ideas from the Mississippi
Band of Choctaw, the Hopi, the Navajo, the Yankton-Sioux, the
Shoshone-Bannock, and many of the 64 Tribes that have BIE
schools.
The blueprint for reform will look different for each
Tribe. The types of services provides includes those that were
requested from Tribes, as well as proven strategies in school
improvement. Here is what it will look like.
In New Mexico, the Isleta Elementary School, as a newly
formed tribally-controlled school, they will receive specific
tools to safeguard internal controls to ensure clean audits,
training for school board members in effective governance. They
also can apply for the new $2 million Tribal Education
Department grant to develop an educational code.
In Wyoming, the St. Stephens Indian School, the students
who are here today, they will receive school improvement
support from the Rapid City Education Resource Center. Our
school solution teams will work with their principals and
teachers to analyze student academic data to find the strengths
and weaknesses and target professional development for teachers
to meet their students' specific needs.
In Minnesota's Bug-O-Nay-Ge-Shig School, they will receive
additional support to continue their immersion program. From a
recently developed Native language framework, they will receive
support in better utilizing their portion of BIE's $24 million
to teach Native languages. In addition, BIE is targeting $3
million to be used in Native language program development with
an eye towards fluency.
The Department of the Interior understands it has a trust
and treaty responsibility to educate American Indian students.
As Tribes continue down the path of self-determination in
education, the BIE must provide the support needed to Tribes so
they can exercise their sovereignty in education.
One such plan that I feel and believe holds great promise
is the Sovereignty in Indian Education Initiative. It allows
for Tribes with three or more BIE-funded schools to examine the
functions of a successful school and scale best practices. For
example, North Dakota's Standing Rock Sioux Tribe established
the Exploring Tribal Sovereignty in Indian Education Committee
to understand how to measure student academic achievement from
a different lens, a tribal lens. Measures that are driven by
the Tribe's own valuation system that can be integrated into
their three schools.
When I was the Associate Deputy Director for Navajo
Schools, I instituted a district model. I realigned functions
and clarified roles, much like any school district within this
Country. I sought to unify professional development for
teachers. We developed processes and protocols for
instructional rounds that focused on improvement, not
punishment.
What were the results? For our Navajo BIE operated schools,
we went from 29 percent of the schools making AYP in 2012 to
54.8 percent now making AYP. These lessons learned are helping
to drive our reform efforts.
An organization that has known only failure will always
look for the perfect plan. The search for such a plan becomes
an excuse for inaction. The blueprint for reform is a plan
worthy of action. It centers on the students and support needed
to improve academic outcomes; it focuses on partnerships with
Tribes in developing tribal education systems that reflect
their expectations for academic success; and it has the support
of the Administration, as evidenced by the President's 2016
budget with a request of an additional $145 million for BIE. It
also has the interest of Congress, as evidenced by the many
congressional visits to our BIE schools and seeing firsthand
the challenges facing our teachers, our principals, our Tribes,
and, most importantly, our students.
We know what the problems are. We have analyzed the data
and we have read the reports. We cannot be paralyzed with
inaction. Our Indian Nations deserve better. Our Indian
students deserve better.
I am happy to answer any questions.
[The prepared statement of Mr. Roessel follows:]
Prepared Statement of Charles ``Monty'' Roessel, Director, Bureau of
Indian Education, Department of the Interior
Good afternoon Chairman Barrasso, Vice Chairman Tester, and Members
of the Committee. Thank you for the invitation to appear today. My name
is Charles ``Monty'' Roessel, and I am the Director of the Bureau of
Indian Education (BIE) at the Department of the Interior (Department).
I appreciate the opportunity to testify on behalf of the Department
before this Committee on the topic of the ``Bureau of Indian Education:
``Examining Organizational Challenges in Transforming Educational
Opportunities for Indian Children.''
I am here to provide the BIE's vision for American Indian education
in BIE-funded schools. The BIE has recently initiated several actions
to improve student outcomes, including building the capacity of tribal
nations to operate their own schools, improving the quality of
instruction in BIE-funded schools and restructuring Indian Affairs in
the Department to streamline the BIE bureaucracy and improve day-to-day
operations.
The Bureau of Indian Education
The BIE supports education programs and residential facilities for
Indian students from federally recognized tribes at 183 elementary and
secondary schools and dormitories. The BIE serves approximately eight
percent of Native youth, with the majority of Native youth attending
public schools. Currently, the BIE directly operates 57 schools and
dormitories and 64 tribes operate the remaining 126 schools and
dormitories through grants or contracts with BIE. During the 2013-2014
school year, BIE-funded schools served approximately 48,000 individual
K-12 American Indian students and residential boarders. Approximately
3,800 teachers, professional staff, principals, and school
administrators work within the 57 BIE-operated schools. In addition,
approximately twice that number work within the 126 tribally-operated
schools.
The BIE has the responsibilities of a state educational agency for
purposes of administering Federal grant programs for education. BIE
responsibilities include providing instruction that is aligned to the
academic standards set forth in regulations; working with the U.S.
Department of Education (ED) to administer the formula grant funds ED
provides to BIE under the Elementary and Secondary Education Act of
1965 (ESEA) and under Title VII, subtitle B, of the McKinney-Vento
Homeless Assistance Act for the schools operated and funded by BIE; and
providing oversight and accountability for school and student success.
BIE is also responsible for ensuring compliance with ESEA, currently
referred to as the No Child Left Behind Act, the Individuals with
Disabilities Education Act, and other Federal civil rights laws for the
schools operated and funded by BIE.
The BIE faces unique and urgent challenges in providing a high-
quality education to Indian students attending the schools it funds.
These challenges include difficulty in attracting effective teachers to
BIE schools (which are most often in areas of concentrated poverty and
located in remote locations where there is often insufficient housing
and services); difficulty in adopting research-based reforms at all BIE
schools; lack of access for BIE and BIE schools to certain programs
that are designed to build SEA and LEA capacity; the need for
organizational and budgetary restructuring to meet the needs of the
current school system; and a lack of consistent leadership--having had
33 directors since 1979.
A New Vision for the BIE
The Administration is fully committed to providing a high-quality
education to Indian students attending the schools BIE operates and
funds to ensure that all BIE students are ready for college and
careers. The Administration undertook a rigorous assessment of BIE and
thereafter conducted extensive tribal consultations, consistent with
the Department's tribal consultation policy, to develop the BIE
Blueprint for Reform, which was released in 2014. The Blueprint focuses
on the following five pillars of reform:
Self-Determination for Tribal Nations--Building the capacity
of tribes to operate high-performing schools and shape what
students are learning about their tribes, language, and culture
in schools.
Highly Effective Teachers and Principals--Identifying,
recruiting, retaining and empowering diverse, highly effective
teachers and principals to maximize the highest achievement for
every student in all BIE-funded schools.
Agile Organizational Environment--Developing a responsive
organization that provides the resources, direction and
services to tribes so tribes can help their students attain
high-levels of student achievement.
Budget that Supports Capacity Building Mission--Developing a
budget that is aligned with and supports BIE's new mission of
tribal capacity building and scaling up best practices.
Comprehensive Supports through Partnerships--Fostering
parental, community, and organizational partnerships to provide
the emotional and social supports that BIE students need in
order to be ready to learn.
The Blueprint sets out a vision for a 21st century education system
for BIE operated and funded schools, grounded in both high academic
standards and tribal values and traditions.
Implementation of BIE Blueprint for Reform Recommendations
The Department, BIE, and Congress have taken action on several of
the Blueprint's key recommendations, including:
Secretarial Order 3334. The order promotes tribal control of
BIE-funded schools and ensures that tribally-controlled schools
receive the resources and support they need in order to be
successful. The goals of the Secretarial Order are to:
--Reduce reporting burdens on schools and make the reporting
structure more efficient and effective;
--Improve accountability of BIE;
--Provide services more effectively to BIE-funded schools;
--Address concerns raised by tribal leaders and other BIE
stakeholders; and
--Facilitate the transfer of best practices amongst schools.
Sovereignty in Indian Education (SIE) Awards. These awards
to tribes create tribally-managed school systems.
--Six tribes with three or more BIE-funded schools each
received awards of $200,000 to research, assess and develop an
implementation plan to establish a tribally-managed school
system.
--Tribes receiving an SIE award will conduct a comprehensive
analysis in four functional areas: Finance, Academics,
Governance, and Human Resources.
--Tribes receiving SIE awards will work together and share
best practices and challenges.
Tribal Education Department (TED) grants. As authorized by
section 1140 of the Education Amendments of 1978 (25 U.S.C.
2020), the BIE will award a total of $2 million to support
tribes in building capacity to plan and coordinate all
educational programs of the tribe. These projects will cover
areas such as the development of tribal educational codes or
tribal administrative support. This funding will be used to
help tribes to create tribally-managed school systems.
FY 2015 Enacted Budget. Congress has supported the
recommendations of the Blueprint by providing additional
funding:
--Includes an additional $19.2 million over FY 2014 funding
levels to complete the school replacement construction project
started in FY 2014 and cover design costs for the final two
schools on the 2004 School Replacement Priority list.
--Includes an increase of $14.1 million for Tribal Grant
Support Costs for tribally-controlled schools which increased
the percentage administrative cost grants paid from 68 percent
to 87 percent, and an increase of $1.7 million for Science
Post-Graduate Scholarships.
FY 2016 President's Budget Request. The President's budget
proposes a $1.0 billion investment in Indian education at BIE-
funded schools grounded in high academic standards and tribal
values and traditions, with increases totaling nearly $140
million for BIE educational programs, operations, and
facilities construction.
--Includes increases of $80 million for programs that improve
opportunities and outcomes in the classroom:
$10 million to promote tribal control of BIE-funded school
curriculum including native language and cultural programs;
$20 million for school facilities operations and
maintenance;
$12 million to fund 100 percent of administrative costs for
BIE-funded schools operated by tribes;
$3 million to strengthen delivery of services to schools and
enrich instructional services and teacher quality; and
$34 million to bring broadband and digital access to all
schools in the BIE system over three years.
--Includes increases totaling $59 million to repair and
rebuild BIE-funded schools to improve the educational
environment:
$37 million for school replacement construction projects and
planning;
$4 million to repair and upgrade education employee housing;
$12 million to replace individual buildings where the entire
campus does not need to be replaced; and
$18 million to fund major and minor facilities improvement
and repair projects.
--Includes an additional $50 million dollars for the Native
Youth Community Projects, an ED program that encourages
community partnerships between tribes and either a BIE school
or a local school district to improve college-and-career
readiness for Native youth.
--The Department is working collaboratively with tribes and
other Federal agencies including the Departments of Education,
Housing and Urban Development, Health and Human Services,
Agriculture, Commerce, Labor, and Justice to implement
education reforms and address issues facing Native American
youth and families.
College Readiness for BIE Students. BIE identified 20 tribal
colleges and universities (TCUs) to create or expand bridge
programs for BIE students. Each TCU will receive $50K to help
increase the number of low-income students who are prepared to
enter and succeed in postsecondary education.
Native Language Policy Framework. BIE will provide guidance
on the development of Native language curriculum to all BIE-
funded schools.
Department of Education Preschool Development Grants
Competition. The President's FY 2016 Budget proposes $750
million for Preschool Development Grants, including expanding
eligibility to the BIE if sufficient additional funds are
appropriated for another competition.
Proposed BIE Reorganization
To implement meaningful reform in the BIE that will lead to
improved student outcomes, the bureau is proposing to restructure its
organization and expand direct line responsibilities. The proposed
restructuring is in line with recommendations of the Blueprint and
addresses concerns raised by recent Government Accountability Office
reports. The proposed changes have two primary objectives: (1)
strengthened BIE capability to address school operating needs; and (2)
improved oversight of BIE-operated and tribally-controlled schools.
An example of how the restructuring responds to Blueprint
recommendations is the proposal to re-designate Education Line Offices
as Education Resources Centers (ERC) and relocate several to more
effectively serve schools in its jurisdiction. The ERCs will be staffed
with mobile School Solutions Teams to provide customized technical
assistance to meet the unique needs of each school.
An example of how the restructuring responds to GAO recommendations
is the proposal to stand up the School Operations Division (SOD) within
the BIE with additional administrative services functions with line
authority through the Deputy Director--Operations. This action will
strengthen financial stewardship of BIE schools and provide direct line
expertise in teacher and principal recruitment, acquisition and grants
for schools, school facilities management, educational technology, and
communications.
Conclusion
This forward looking vision for BIE--a vision rooted in the belief
that all children can learn and that all tribes can operate high-
achieving schools--allows the BIE to achieve improved results in the
form of higher student scores, improved school operations, and
increased tribal control over schools.
Thank you for the opportunity to testify today. I'm happy to answer
any questions the Committee may have.
The Chairman. Well, thank you so very much for your
thoughtful comments.
If I could move next to Ms. Melissa Emrey-Arras.
STATEMENT OF MELISSA EMREY-ARRAS, DIRECTOR,
EDUCATION, WORKFORCE AND INCOME SECURITY ISSUES, U.S.
GOVERNMENT ACCOUNTABILITY OFFICE
Ms. Emrey-Arras. Chairman Barrasso, Vice Chairman Tester,
and members of the Committee, thank you for inviting me here
today to discuss GAO's work regarding Indian Affairs' oversight
of and support for Indian education.
Over the past 10 years, Indian Affairs has undergone
several reorganizations, resulting in multiple offices across
different units being responsible for Indian education. Within
Indian Affairs, the Bureau of Indian Education oversees 185
elementary and secondary schools that serve approximately
41,000 students on or near reservations in 23 States. Student
performance at these schools has been consistently below that
of Indian students in public schools, raising questions about
whether students at these schools are receiving a quality
education.
My remarks will cover findings from our prior work at GAO.
Specifically, I will focus on three key management challenges
at Indian Affairs: one, its administration of schools; two, the
capacity of its staff to address school needs; and, three,
accountability for managing school construction and monitoring
school spending.
In terms of the Administration, we have found that
organizational fragmentation and poor communication undermine
administration of these schools. In addition to the Bureau of
Indian Education, multiple offices have responsibility for
educational and administrative functions at these schools. For
example, Indian Affairs provided us with a chart, and you can
see it over there, on offices that support just school
facilities, which shows numerous offices across three
organizational divisions.
Fragmentation and poor communication among Indian Affairs
offices has led to confusion among schools about whom to
contact about problems and has also resulted in delays of key
educational services and supplies like text books for students.
In 2013, we recommended that Indian Affairs develop a
strategic plan for the Bureau of Indian Education and a
strategy for communicating with schools. Although Indian
Affairs agreed with the recommendations, it has not yet fully
implemented them.
Limited staff capacity within Indian Affairs poses another
challenge to addressing school needs. Indian Affairs data
indicate that about 40 percent of regional facility positions,
such as architects and engineers, are vacant. We also found
that staff do not always have the skills and training they need
to oversee school spending. We recommended that Indian Affairs
revise its workforce plan so that employees are placed in the
right offices and have the right skills to support schools.
Although Indian Affairs agreed with this recommendation, it has
not implemented it.
Inconsistent accountability also hampers management of
school construction and monitoring of school spending. We have
found that Indian Affairs did not consistently oversee some
construction projects. For example, at one school we visited,
Indian Affairs spent $3.5 million to replace multiple roofs in
2010. The new roofs have leaked since they were installed,
causing mold and ceiling damage. You can see a picture of the
ceiling in one of the classrooms. Indian Affairs has not
addressed the problems, resulting in continued leaks and damage
to the structure.
At another school we visited, $1.5 million in Federal funds
were used to build a bus maintenance building that is too small
to fit all the school's buses. And you can see that there on
the side. Specifically, the building is not long enough to
allow a large bus on the lift with the outside door closed. As
a result, they now need to keep the outside door open when
working on a large bus, which is just not practical in the cold
South Dakota winters.
In 2014, we found that the Bureau of Indian Education does
not adequately monitor school expenditures using written
procedures or a risk-based monitoring approach. As a result,
the Bureau failed to provide effective oversight of schools
when they misspent millions. We recommended that the Agency
develop written procedures and a risk-based approach to improve
its monitoring. Indian Affairs agreed, but has yet to implement
these recommendations.
Unless these issues are addressed, it will be difficult for
Indian Affairs to ensure the long-term success of a generation
of students. Thank you.
[The prepared statement of Ms. Emrey-Arras follows:]
Prepared Statement of Melissa Emrey-Arras, Director, Education,
Workforce and Income Security Issues, U.S. Government Accountability
Office
The Chairman. Thank you so much for your testimony. We
appreciate it.
Now the Honorable Carri Jones.
STATEMENT OF HON. CARRI JONES, CHAIRWOMAN, LEECH LAKE BAND OF
OJIBWE
Ms. Jones. Good afternoon. The Leech Lake Band of Ojibwe is
located in north central Minnesota, where we share overlapping
boundaries with the Chippewa National Forest. I would like to
thank Chairman Barrasso, Vice Chairman Tester, and other
distinguished members of the Committee for holding this hearing
and for the opportunity to testify.
I firmly believe that taking the time to examine
organizational challenges at the Bureau of Indian Education is
extremely important. Further, it is vital that action be taken
to address the deficiencies as we are working together to
ensure that children throughout Indian Country are well served
and have excellent educational opportunities.
On a personal note, and on behalf of the Leech Lake Band of
Ojibwe, I would like to take a moment to thank Minnesota
Committee Member Senator Al Franken for his steadfast work for
support the youth of our nation. Further, I would like to thank
Senator Amy Klobuchar and the Minnesota Congressional
Delegation for the continued efforts to improve the health and
well-being of tribal members throughout the country.
As it relates to organizational challenges at BIE, I can
speak to a topic of great concern to the Leech Lake Band of
Ojibwe and Tribes throughout the Country: the condition of
schools in Indian Country. At Leech Lake, the dire need to
replace the Bug-O-Nay-Ge-Shig School is a symbol of one of the
major challenges facing the Bureau of Indian Education.
We have spent a lot of time talking about the important
issues in Washington. Over the years and recently, one of our
high school students was able to join us and provide his unique
perspective. During a meeting with members of Congress, he was
asked why he came to D.C. to discuss the conditions of the
school. He said, I am here for my siblings. I know I won't see
a new school while I am there, but I am trying to do this for
the best interest to make it a better place for my siblings.
This is a very sad statement. Instead of fully focusing on
learning, he worries about future generations of students.
As you may know, the Bug-O-Nay-Ge-Shig School, which is
administered and funded by the Bureau of Indian Education, has
received significant attention from our community, the local
and regional media, national media, this Committee and its
members, and the current Administration. It has put a spotlight
on very real organizational challenges. Sadly, we have not been
able to focus time on many awards the school has received for
its academic achievement and its Native language programs that
helped our students learn and grow.
Because our attention has been focused on the challenging
conditions of the school, I would like to take a moment to
describe them for you.
The current facility is in a metal-clad pole barn
originally built to house an auto mechanic and bus garage, not
a high school. This facility has severe structural and
mechanical deficiencies and lacks proper insulation. It does
not meet safety, fire, and security standards. Students cannot
use computers at the same time for fear of electrical overload.
We have exposed wiring, lack of proper communication systems,
telecom technology, and safe zones, which puts everyone at
great risk during emergencies.
The structure also jeopardizes the health of the students
and faculty due to poor indoor air quality from mold, fungus,
and a faulty HVAC system. Metal plates cover the floor of our
science room and it is unable to be used to its full capacity
because desks cannot properly affix to the ground. The facility
suffers from roof leaks, rodents, uneven floors, poor lighting,
sewer problems, lack of handicap access, and lack of classroom
and other space. Due to the unsafe surroundings, many students
have withdrawn from the school to attend other schools.
The high school is among 63 schools funded by the BIE and
recognized as being in poor condition and in need of
replacement. The BIE construction backlog is at least $1.3
billion. There needs to be sustained funding to address this
backlog.
The Administration has not focused enough attention in
addressing serious issues in BIE schools throughout Indian
Country. No amount of band-aid improvements or repairs will
address the serious deficiencies in our high school, and many
BIE schools face similar situations.
How can we expect our children to learn in these
conditions? Our kids deserve better. We appreciate the
difficulty decisions facing the BIE, but our kids should not be
the ones forced to shoulder this burden.
It is clear to me, and I believe this Committee agrees,
that this is simply unacceptable. Significant changes need to
be made to address these problems. Our students deserve to
attend schools where they can focus on learning, and not their
health and safety.
I would like to end with a quote from Sitting Bull: Let us
put our minds together and see what life we can make for our
children. Megwich.
[The prepared statement of Ms. Jones follows:]
Prepared Statement of Hon. Carri Jones, Chairwoman, Leech Lake Band of
Ojibwe
My name is Carri Jones, and I am the Chairwoman of the Leech Lake
Band of Ojibwe (Band). Our Band is located on the Leech Lake
Reservation in northern Minnesota. I want to thank Chairman Barasso,
Vice Chairman Tester, and Members of the Subcommittee for holding this
oversight hearing entitled ``Bureau of Indian Education: Examining
Organizational Challenges in Transforming Educational Opportunities for
Indian Children.'' My testimony is focused on the Band's long struggle
to replace the Bug O Nay Ge Shig High School (High School) facility,
which is administered and funded by the Bureau of Indian Affairs' (BIA)
Bureau of Indian Education (BIE). We believe this to be emblematic of
the significant challenges related to school facilities throughout
Indian Country.
I would like to specifically thank Senator Franken for his tireless
efforts to assist the Band in addressing our priorities. The School not
only serves a critical role providing a quality, culturally relevant
education to the Band's children, but also serves as an economic engine
for the entire community. We are deeply grateful for their support.
Replacement of the High School has been a top priority of the Leech
Lake Government and the entire Leech Lake community for many years. The
Band has many critical needs on the Reservation on which it could
testify; however, given the serious safety and health risks posed at
the sub-standard High School facility, the Band has steadfastly focused
its testimony solely on the need to replace the High School. Our hope
is that this is the year that the Bureau of Indian Affairs (BIA), which
handles construction of BIE facilities, begins the process to replace
High School facility.
History of Indian Education
After the formation of the United States, Indian tribes ceded
hundreds of millions of acres of our homelands to the Federal
Government to help build this nation. In return, the U.S. made promises
to make the resulting reservations permanent livable homes, including
providing for the education, health, and general welfare of reservation
residents. These treaty promises were made in perpetuity, remain the
supreme law of the land, and do not have an expiration date. However,
as you know and as tribal leaders are stating in these hearings today,
these promises have not been kept, and our children suffer because of
it.
Dire Need to Replace High School Facility at Bug-O-Nay-Ge-Shig School
The Bug-O-Nay-Ge-Shig School is located in Bena, Minnesota,
operated by the Band and governed by its School Board. It is named in
honor of Bug-O-Nay-Ge-Shig (Hole in the Day), an Ojibwe man who lived
in the area at the turn of the century. He is revered for his
commitment to fight for our land, our people, and for our children.
Some of the kids ride school buses for 2 hours each way every day to
attend school. Founded in 1975, the School started modestly with 35
Ojibwe students from the Reservation in response to parental concerns
that public schools were not meeting the academic and cultural needs of
our students. Since that time, the School has transformed itself into a
magnet school, teaching state-approved curricula with Ojibwe cultural
components. Existing enrollment is a testament to the passion of the
students, parents and teachers who are committed to strong academic
achievement despite the significant deficiencies and health and safety
hazards present at our High School.
The High School is in dire need of replacement. Unlike other
schools in the BIE inventory, the High School facility was not
originally built for use as an academic space. It is a metal-clad pole
barn originally built to house an auto mechanic school and bus garage.
When the building was transformed into the High School, the intention
was that it would only be a temporary space. However, generations of
students have attended school in this makeshift building. The facility
has serious structural and mechanical deficiencies and lacks proper
insulation. The facility does not meet basic safety, fire, and security
standards due to the flimsiness of the construction materials,
electrical problems, and lack of alarm systems. Further, the building
lacks a communication intercom system, telecommunication technology,
and safe zones, which puts students, teachers, and staff at great risk
in emergency situations. The police and emergency responders have
dubbed the high school building as ``Killer Hall'' because an emergency
would likely have tragic results. In addition, in high wind situations
over 40 M.P.H., the students must evacuate outside into the winds
because of the structural flaws with the flat metal building.
The High School facility presents a continuing threat to the health
and safety of our students and faculty due to poor indoor air quality
that contains mold, fungus, and a faulty HVAC system. The facility also
suffers from rodent and bat infestation, roof leaks and sagging roofs,
holes in the roofs from ice, uneven floors, exposed wiring, poor
lighting, sewer problems, lack of handicap access, and lack of
classrooms and other space. These are just a few of the facility's
numerous deficiencies. Due to the unsafe surroundings, many students
have withdrawn from our High School and have transferred to public high
school. Students report being embarrassed about the condition of the
High School, which results in a negative image of the School and a
lower matriculation rate. Despite these challenging conditions, the
students perform well. For example, the School has won many awards for
its language immersion program and our students are successful compared
to their performance at other area schools.
U.S. Responsibility to Provide for the Education of American Indian
Students
Several federal laws, treaties, and policies acknowledge the
Federal Government's obligation to provide for the education of
American Indian children. The Band's Reservation was established
through a series of treaties with the U.S. and presidential executive
orders. See Treaties of February 22, 1855 (10 Stat. 1165) and March 19,
1867 (Article I, 16 Stat. 719); Executive Orders of October 29, 1873;
November 4, 1873; and May 26, 1874.
Through these treaties and executive orders, our ancestors ceded to
the United States significant tracts of our homelands. In return, the
U.S. promised to provide for school buildings, teachers, and the
education of our youth. Hundreds of thousands of additional acres of
our homelands were taken from us pursuant to the land allotment
mandates of the federal Nelson Act in 1889, which is the Minnesota
version of the General Allotment Act. As with the various treaty
promises made to our people, one focus of the Nelson Act was to
dedicate funds generated from these lands for ``the establishment and
maintenance of a system of free schools among said Indians, in their
midst and for their benefit.'' These treaty promises have no expiration
dates and remain the law of the land. Sadly, these promises have not
been kept.
High School Rated in ``Poor Condition'' in Need of Replacement by BIA
The BIA categorizes this facility in ``poor'' condition. In 2007,
the BIA Midwest Regional Office for the Office of Indian Education
Programs issued a report expressing strong concerns about electrical
problems, potential fire issues, and student safety. The BIA Office of
Facilities, Environmental Safety, and Cultural Management had
documented the numerous and serious deficiencies of the High School.
In a February 28, 2011, in a letter responding to Ranking Member
Moran's inquiry about the High School, former Interior Assistant
Secretary for Indian Affairs Larry EchoHawk stated:
The Bug-O-Nay-Ge-Shig High School shows evidence of continuing
deterioration . . . Due to the type of construction of the Bug-
O-Nay-Ge-Shig High School, improvements to the school such as
expansion or construction of one building for classrooms or
administrative space is not an optimum solution. Preliminary
evaluations indicate that the building should be replaced
(emphasis added). The estimated date of replacement will depend
on the priority ranking of the high school and amount of funds
available to correct school facility deficiencies through
education construction appropriations.
Working collaboratively with our community and with architects, we
have developed construction and design plans for a new High School that
will serve as a local anchor for cultural, environmental and economic
sustainability. To meet these objectives, we must first provide our
children with a learning environment conducive to academic achievement.
We are ready to move forward, but we need the Subcommittee's help.
Lack of Funding for BIE Facilities Replacement Construction
The U.S. spends billions of dollars on the construction of
buildings for federal uses but somehow can't seem to budget sufficient
funding to ensure that American Indian children go to school in
buildings that are not only safe, but also conducive to learning. The
President's FY13, FY14, and FY 2015 budget requests violated their
treaty and trust responsibilities, as they sought to essentially impose
a moratorium on replacement school facilities construction by
requesting funding only for repairs and improvements and the
construction of one school. We are extremely appreciative of this
Committee's work to increase funding for construction of BIE schools
over the past couple of years and believe the Administration is
starting to take note of the extreme need throughout Indian Country.
Although we believe some progress has been made, there is much more to
be done.
For the President's FY16 budget request, the BIA requests a ``$58.7
million increase is requested for Education Construction to support the
education transformation. This includes a $25.3 million increase for
replacement school construction to complete construction of the final
two schools on the 2004 replacement school construction priority list:
Little Singer Community School and Cove Day School, both in Arizona. A
$17.7 million increase for facilities improvement and repair is
requested for repairs to building structures and components that are
necessary to sustain and prolong the useful life of education
buildings. Additionally, $11.9 million is requested to address major
facility repair needs at schools like the Bug-O-Nay-Ge-Shig school on
the Leech Lake Band of the Ojibwe reservation''
We are pleased that the President recognizes the significant needs
at the Bug-O-Nay-Ge-Shig High School in his budget and that the
Administration is making efforts to identify additional funding to
address some of the backlog. With this said, the FY16 budget request
does not offer enough funding to clear out the current backlog and
admits that there are many schools, such as our High School, that are
rated in ``poor condition'' with the potential for life, safety, and
health hazards. Our High School is among the more than 63 schools
funded by the BIE that are in poor condition. At this time, the BIE
construction backlog is more than $1.3 billion and this number keeps
growing.
Instead, the Administration should be requesting at least $200
million for FY16 for school and facilities replacement with a plan to
request at least $200 million each year until the BIE school
construction backlog is addressed. The Bush Administration had
requested over $200 million each year in FY05-FY07 for BIE school and
facilities construction and was able to make progress in reducing the
BIE construction backlog. Only through consistent and sustained funding
will the BIA be able to make a dent in its BIE school facilities
backlog. Our hope is that the Subcommittee could consider addressing
the BIE construction backlog by developing a plan to significantly
reduce it over a period of time.
Conclusion
The Leech Lake students and students throughout Indian Country
deserve the opportunity to attend school in a safe environment that
provides them with educational opportunities afforded to other
students. The United States owes them this. Instead, our students
attend high school in a sub-standard, dangerous environment that is not
conducive to learning. This impacts their self-worth, creates feelings
of inferiority, and sends a message to them that their education and
even their lives are unimportant.
Congress and the Administration must develop a comprehensive plan
to fully fund the construction needs at the Leech Lake High School and
fix organizational barriers which are preventing this. In addition,
Congress and the Administration must work in consultation with tribal
leaders, educators, and others to develop innovative ways of funding
and building Indian reservation schools.
We appreciate all the work that this Committee, its Members, and
our Representatives have done to raise awareness and advance the
replacement of the school to date and we look forward to continuing to
work with you. Thank you for the time to testify and discuss this
important topic.
The Chairman. Thank you very much, Chairwoman Jones. I
appreciate.
Now Dr. Tommy Lewis.
STATEMENT OF TOMMY LEWIS, SUPERINTENDENT OF SCHOOLS, DEPARTMENT
OF DINE EDUCATION, NAVAJO
NATION
Dr. Lewis. Chairman Barrasso, Vice Chairman Tester, members
of the Committee, my name is Tommy Lewis, Jr., Superintendent
of Schools for the Navajo Nation Department of Dine Education
at Window Rock, Arizona. Thank you for inviting me to testify
today.
We have 17 school districts on our Navajo Nation, with a
total of 244 schools and approximately 89,000 students in
kindergarten through 12th grade. Sixty-six of these schools are
BIE funded, 32 are BIE operated, and 33 are tribally-controlled
grant schools, and we have one 638 contract school.
For over 140 years, Federal and State public schools have
dominated education on our Navajo Nation. The Navajo Nation
best understands the needs of its children, but lacks the tools
to effectively regulate the education of Navajo children.
The reorganization of the BIE has set the stage for a
discussion on how we can improve the education of our children
and build a high-quality Navajo education system. We have
conducted a feasibility study on assuming control of the 32 BIE
operated schools on the Navajo Nation. The 34 tribally-
controlled schools will be merged into this new system later
on. We are developing a plan to improve our education system in
using the Sovereignty in Education Grant.
The BIE is trying to improve, despite all the challenges
that they face as an organization. The BIE is working on
systemic and organizational challenges to improve educational
opportunities for the Navajo.
One area of concern involves school facilities and
construction. Navajo schools have to deal with the BIE on many
issues, and then the BIA for maintenance and construction. This
causes confusion and inefficiency. The school construction
program generally has been tedious and should be restructured.
Authority over the school facilities and construction should be
merged into the BIE.
The inability of the BIE and the BIA to properly maintain
school facilities has influenced the Navajo Nation's
discussions on whether it can exercise great sovereignty in
education by assuming control of the remaining 32 BIE operated
schools. The poor conditions at existing facilities could be
improved. The Federal Government needs to prioritize upgrading,
fixing, and replacing schools just as they do for Department of
Defense schools.
Another common complaint is that decisions regarding
personnel procurement, accounting, and school operations take a
long time. Procedures need to be streamlined. Operational and
back-office decisions should not necessarily impede the best
functioning of the school.
The BIE needs to improve how it monitors finances and
audits. One school on Navajo was cited in a GAO report as
having had $1.2 million in Federal funds sent to an offshore
bank account. This school has also missed three Federal audits
and was accused of misusing school funds. This school has been
taken over by Department of Dine Education and the school is
now in compliance with Federal law.
During the last several years, the BIE has been better at
communicating and providing information regarding school
finance and audits. We have been working with the BIE to ensure
greater oversight over tribally-controlled schools regarding
the late audits and misuse or mismanagement of school funds, as
demonstrated by the example I just gave.
Another systemic change involves accountability. There is
no uniformity across the Navajo Nation on such things as
accountability or measuring the effectiveness of the education
program. Within the 17 public school districts and 3 States, it
is difficult to get a complete picture of the academic
performance of Navajo students or inadequately evaluate the
effectiveness of our academic programs.
Members of the Committee, the Navajo Nation is embarking on
a monumental task in assuming authority of 32 BIE-operated
schools. I ask for your support because this is something that
has never been done by an Indian Tribe throughout the country.
Navajo, if successful, will be the first Tribe to assume
control of its education, and we are determined to do that.
Thank you very much.
[The prepared statement of Mr. Lewis follows:]
Prepared Statement of Tommy Lewis, Superintendent of Schools,
Department of Dine Education, Navajo Nation
Chairman Barrasso, Vice Chairman Tester, and Members of the
Committee, my name is Dr. Tommy Lewis, and I am the Superintendent of
Schools of the Navajo Nation Department of Dine Education. Thank you
for this opportunity to present testimony on the organizational
challenges that we face in transforming educational opportunities for
our children. My testimony will focus on challenges that the Navajo
Nation has encountered as a result of the fragmented bureaucracy
governing Indian education at the Bureau of Indian Affairs (BIA) and
Bureau of Indian Education (BIE), the BIE's reorganization, and will
offer recommendations for improving the system to enhance educational
opportunities for Native children.
The Navajo Nation has a tremendous stake in improving the education
of our children. We must prepare them for active and equal
participation on the national and global marketplace. We must prepare
them to be productive citizens in the 21st century and to be positive,
involved members of our communities. Most importantly, we must prepare
them to be the future leaders of our Nation. There is no more vital
resource to the continued existence and integrity of our Nation than
our children.
A Profile of Education and Schools on the Navajo Nation
The Navajo Nation is situated within 3 states: Arizona, New Mexico,
and Utah. 17 school districts are operating schools on the Navajo
Nation, with a total of 244 schools. There are a combined total of
38,109 Navajo students in all schools on the Navajo Nation.
Approximately 60.5 percent or 23,056 of these Navajo students attend
public schools on the Navajo Nation. Another 48,172 Navajo students
attend public schools off of the Navajo Nation. 66 out of the 183 BIE-
funded schools and residential halls are located on the Navajo Nation,
of which 32 are BIE-operated schools (out of 57), 1 is a Public Law 93-
638 contract school, and 33 are Public Law 100-297 tribally-controlled
grant schools. BIE operated and tribally controlled grant/contract
schools collectively educate 39.5 percent of all Navajo students, with
21.2 percent attending BIE-operated schools, and 18.3 percent attending
grant/contract schools.
At this moment, the Navajo Nation does not have a uniform
educational system that allows for consistent regulatory oversight of
the educational opportunities offered to Navajo students. The system is
highly fragmented. The BIE is in charge of the schools that they
control directly. The P.L. 100-297 and P.L. 93-638 grant/contract
schools operate as their own individual school districts (local
education agencies), where they have their own school boards,
superintendents, personnel, finances, and transportation departments,
as well as individual curriculums (or lack thereof), and individual
teacher/principal evaluations (or lack thereof).
The reorganization of the BIE sets the stage for a discussion on
how we can improve the quality of education for our students within our
schools and to build a high quality Navajo Nation education system. The
Navajo Nation must be more involved in and in control of the education
of our children. We have taken the reorganization of the BIE as an
opportunity to study our existing education system, and have conducted
a Feasibility Study on assuming control of all BIE-funded schools on
the Navajo Nation. We are developing a plan of action to improve our
education system in part through a Sovereignty in Indian Education
Grant (SIEG). We've received valuable input and feedback from numerous
Navajo Nation schools and leaders from various public hearings that
we've held on this matter.
The BIE is trying to improve, despite all the challenges that they
face as an organization. The changes made to the BIE should be measured
and the BIE held accountable for outcomes. Over the past three (3)
years, the BIE's reorganization and attempt to build a Navajo ``school
district'' model appears to be producing results. Aggregate test scores
provided by the BIE and Department of Dine Education Office of
Education Research and Statistics show modest improvements in test
scores among BIE-operated schools, in contrast to tribally controlled
grant/contract schools.
The ``district model'' that the Navajo BIE-operated schools are
using for their schools appears to be working because they have been
able to develop and implement a more uniform system, instead of each
school going in different directions and/or left without support. The
BIE ``Navajo district'' has been able to develop and implement a
uniform and rigorous curriculum aligned to common core standards,
rather than each school developing their own curriculum that may or may
not be aligned to standards. Professional development, interventions,
instructional strategies, data analysis, etc., seem to be more
effective when used in a ``district system'' because the BIE is able to
control and influence those factors, rather than each school operating
as their own Local Education Agency (LEA). In contrast, tribally
controlled grant/contract schools on the Navajo Nation operate
independently as their own LEAs with 34 different systems. The BIE
legally cannot mandate or hold tribally controlled grant/contract
schools accountable to improve, aside from releasing federal funds to
those schools.
Attached below are data charts using state assessments (AIMS,
NMSBA, UPASS) over the past three (3) years showing significant
differences in academic achievement between BIE-operated schools and
tribally controlled grant/contract schools from SY 2010-11, SY 2011-12,
and SY 2012-13.
Systemic and Organizational Challenges Experienced by the Navajo Nation
The GAO has reported several times on ``systemic management
challenges'' that hinder efforts to improve Bureau of Indian Education
(BIE) schools, and recently reported that steps to implement
recommendations made by GAO to address these problems had not been
fully implemented. The GAO's previous studies noted that several
organizational realignments have resulted in a fragmented bureaucracy
with several units being responsible for academic and administrative
functions. They have reported that this fragmented system has led to
confusion on such basic matters as whom to contact about building
maintenance issues. The GAO has noted that frequent staff turnover and
a lack of a strategic plan for the BIE have compounded problems. The
GAO has also noted additional problems including many vacant positions
at the BIE, staff lacking requisite knowledge and skills, and
inconsistent accountability of school construction and monitoring of
school construction.
Many issues arise from the fragmented organizational
responsibilities at BIE-funded schools. One area of significant concern
is school facilities and construction. Navajo schools have to deal with
the BIE on many issues, but then deal with Bureau of Indian Affairs
(BIA) for construction. This lack of coordination causes confusion and
inefficiency. Overall, the school construction program has been a
tediously slow process.
Another common complaint among BIE-operated schools (not grant
schools) are that decisions regarding personnel, procurement,
accounting, school operations take a very long time within the BIE
structure.
The inability of the BIE and BIA to properly maintain BIE school
facilities has had an impact on the Navajo Nation's deliberations on
the extent to which it can exercise greater sovereignty in education by
assuming control of the remaining 32 BIE-operated schools on the Navajo
Nation. This is because the dilapidated and poor conditions at existing
facilities would expose the Navajo Nation to a tremendous financial
liability.
The BIE needs to improve how it monitors finances and audits. The
BIE has been better at communicating with and informing the Department
of Dine Education on school finances and audits, but there remain
problems. One of the schools (Rockpoint) that was cited in a previous
GAO report, with $1.2 million in federal funds being sent to off-shore
bank accounts, that was missing three (3) federal audits, and accused
of misusing school funds, was eventually taken over by the Department
of Dine Education in 2012. Working in partnership with the BIE/BIA and
DODE, the school is now in compliance with the law and is an example of
how tribes can assume greater control and responsibilities over
schools.
The organizational challenges to transforming opportunities for
Native children do not end at the managerial. The BIE is undergoing
another reorganization, but still has no meaningful plan for how they
will hold schools accountable or intervene in failing schools. The BIE
uses state accountability systems. On the Navajo Nation, this plus the
many different school systems existing on the Navajo Nation make it
difficult to measure the academic performance of Navajo children or
adequately evaluate the effectiveness of academic programs. Because of
the highly fragmented education system that exists on the Navajo
Nation, there is also no consistent or uniform method to measure the
effectiveness of teachers, principals and school administrators on the
Navajo Nation.
Recommendations for Reform
The organizational challenges to transforming opportunities for
Native children are many, but we have some recommendations for reform.
Support Tribal Sovereignty in Education--Properly executed, greater
sovereignty in education will help to improve academic outcomes and
alleviate the systemic challenges at BIE-funded schools. The Navajo
Nation's Alternative Accountability Workbook (AAW) is the foundation of
the Navajo Nation's efforts to develop the tools to effectively govern
Navajo education. The AAW also provides the foundation for a true
Navajo standards-based curriculum for use at our schools. The Navajo
Nation is still waiting for final approval of the AAW by the BIE and
the Department of Education.
Approval of the AAW by the BIE and the Department of Education has
been unreasonably delayed for several years while Navajo children
continue to receive a substandard education. Most recently this
unreasonable delay has taken the form of the BIE and Department of
Education seemingly losing track of our last submitted draft. The
Navajo Nation Alternative Accountability Workbook must have its final
review and approval in order for the Navajo Nation to exercise its
right to sovereignty in education.
As the BIE reorganizes, and Congress debates changes to the
Elementary and Secondary Education Act, the ability of tribes to
exercise sovereignty in education must be maintained, and tribes must
be given additional tools to be able to meaningfully assert control
over the education of their children in a timely manner. The Navajo
Nation seeks the ability to be designated and recognized as a ``State
Education Agency (SEA)'' under federal law. Tribally developed
assessments or accountability plans should be deemed approved if they
are not denied within a specified timeline. The Family Educational
Rights and Privacy Act should be amended to allow tribes that are able
to ensure the security of sensitive student data access their students'
educational data. This will enable tribes to be able to properly
evaluate the effectiveness of their tribally developed academic
programs.
Providing tribes with the tools to meaningfully assert sovereignty
in education, where a tribe is able to and desires to take such
control, would also vitiate many of the systemic management challenges
at the heart of the GAO's reports by removing the fragmented federal
bureaucracy from the equation.
The BIE Needs to be a ``Stand Alone Agency''--Based on the comments
and feedback provided by Navajo schools and school boards, the current
BIE needs to function as a ``stand alone agency,'' which aligns with
the reform goal of ``building an agile organizational environment.''
Many issues arise from having to deal with separate agencies for
separate functions. In particular, one area of significant concern is
school facilities and construction. Navajo schools have to deal with
the BIE on many issues, but then deal with Bureau of Indian Affairs
(BIA) for construction. This lack of coordination causes confusion and
inefficiency. At the moment, the current BIE reorganization does not
seem to include merging the authority of the BIA over school facilities
and construction into the BIE's organizational structure. Overall, the
school construction program has been a tediously slow process, which
needs to be streamlined and restructured to be more efficient.
Funding for School Replacement and Construction Needs to be
Prioritized--The BIE/BIA and federal government also needs to
prioritize upgrading, fixing and replacing existing schools just as
they do for the Department of Defense Education Activity (DODEA)
schools. As noted above, the poor conditions at BIE facilities is a
disincentive to the Navajo Nation to exercise greater sovereignty in
education.
Operational and Financial Decisions within BIE-Operated Schools
Needs Quicker Action--As noted above, a common complaint at BIE-
operated schools is that decisions regarding personnel, procurement,
accounting, school operations take a very long time within the BIE
structure. Operational and ``back office'' decisions should not
unnecessarily impede schools.
BIE Needs Better Fiscal Management and Oversight of School
Spending--As noted in previous GAO reports, the BIE needs better
management and accountability, improved oversight of school spending.
To the BIE's credit, they have been providing better communication and
information to the Department of Dine Education on school finances and
audits. The BIE and DODE have also been working together to ensure
greater oversight over tribally controlled grant/contract schools
regarding late audits and misuse/mismanagement of school funds as
demonstrated by the example of the Rockpoint school described above.
Conclusion
We must have first access to the minds of our children to ensure a
bright and prosperous future for the Navajo Nation. With your help, we
can achieve this future. Thank you for your time and attention to these
matters.
The Chairman. Thank you very much, Dr. Lewis. I appreciate
your testimony and your determination. Thank you.
We will head to questions at this time and start with
Senator Hoeven.
STATEMENT OF HON. JOHN HOEVEN,
U.S. SENATOR FROM NORTH DAKOTA
Senator Hoeven. Thank you, Chairman Barrasso.
I would like to start with Director Roessel. As follow-up
to the GAO report that was very critical of how the Bureau of
Indian Education is expanding their funds, can you detail the
steps you are taking in response to that GAO report?
Dr. Roessel. Thank you, Senator. Before the GAO report even
came out, we started with a listening session and a review for
the blueprint for reform, so many of the items that are
identified in the GAO report we had already started looking at
and we had found and we had heard, and we started setting up
our organization to meet those challenges.
I think one of the things I would say up front is that in
listening to the testimony, one of the things that we want to
make sure that we wanted to do as we started to implement the
Blueprint for Reform and the restructuring to meet those
challenges is that we didn't do it in a band-aid fashion. We
need to do a comprehensive approach.
So the first thing that we did is we realigned roles and
responsibilities so we have clear lines of authority now. One
of the challenges that we faced is in the past we had line
offices which are closer to the schools, and they did a lot of
different things in the line office. What we did is clarify
their role, so now people deal with just education issues, just
contracting issues, just grant management issues. That has
cleared up a lot of things.
In 2014, we had 23 overdue management decisions. As of
right now, we have zero, partly because we have aligned a lot
of these roles and responsibilities. That is one thing.
I think the other thing that we are doing right now, as we
move forward in looking at the GAO report, but also taking a
step back. I really want to emphasize this. I don't want
everything to be done in our reorganization just on GAO. There
are many things in there I disagree with, but there are certain
things that I think that we need to focus on.
Ensuring that our staff are trained I think is very
important as we move forward. We are looking at trying to
improve that training process. That comes in two areas: one, we
need to train Tribes so they can handle some of these issues;
and we need to train our staff that are out there. So we have
implemented a training program along those lines.
Communication is critical. How do we try to communicate not
just within BIE, but with Tribes and other agencies? We focus
on a communication plan that is developed and we are using now.
We have weekly webinars for areas from school improvement to
facility O&M budgeting, all of these different areas. So
information getting out there, I think is very important for us
as we move forward.
So we are doing this in a comprehensive approach and I
think we are hopeful that as we move forward and continue with
our reorganization, which is a big part of the reform plan,
that then we will be able to see even more return from what we
have achieved so far.
Senator Hoeven. Now I would like to follow up with you and
with Ms. Emrey-Arras. Is there a plan for follow-up and
reporting, then, to this Committee as you implement these steps
to be responsive to the recommendations made by the GAO? Maybe
both could kind of weigh in on that.
Ms. Emrey-Arras. Sure. At GAO we track recommendations for
a period of four years and put the status of the follow-up on
our Web site so it is available to everyone publicly. I would
say that the recommendations from that report we did regarding
oversight of spending issues are still outstanding; they have
not been implemented. Some really basic ones in terms of making
sure you have folks with the right skills to oversee
expenditures have not been fulfilled. Similarly, having written
procedures to oversee some of the larger funding has not been
fulfilled either. So there is a lot more that needs to be done
on that front.
Senator Hoeven. Director?
Dr. Roessel. Well, I think in response to that, we are in
the process of a major reorganization, so to develop piecemeal
approaches when it is not actually impacting the entire
organization I think would be irresponsible for us. So what we
are looking at doing is trying to make sure that we are focused
on the overall picture as we move forward so our workforce plan
is aligned with our reorganization plan. That is part of the
secretarial order that is due September 30th of this year. So
it is aligned, but it is aligned in a way that I think is
comprehensive. Again, I will come back, to I don't think it is
appropriate for us to do a little here, a little there, and we
end up fixing a problem only to fix it again in a couple
months.
Senator Hoeven. And I want to make sure that we are
tracking that follow-up. I think 10 of us wrote a letter to
Secretary Washburn and said we wanted to make sure that we were
informed of your efforts in response to that report, so that is
what I want to make sure, is we have a clear line of
communication on how we are following up and tracking that
progress.
Dr. Roessel. Yes, sir. We would be glad to have that
process.
Senator Hoeven. Thank you.
Thank you, Mr. Chairman.
The Chairman. Thank you very much, Senator Hoeven.
Senator Udall?
STATEMENT OF HON. TOM UDALL,
U.S. SENATOR FROM NEW MEXICO
Senator Udall. Thank you very much, Mr. Chairman.
First of all, Mr. Roessel, I appreciate the efforts of the
BIE in working with me on the Pine Hill Elementary School and
its safety issues and all of that, and working with the
superintendent and others. We have been able to get a temporary
certificate of occupancy issued, which I am really happy about.
I want to acknowledge that progress, but I am still
frustrated that students have not yet moved into the building.
There is still work to be done. I hope that we can work on that
together to move it to the point to get the students in there.
Do you have any additional progress to report on that and will
you work with me on that?
Dr. Roessel. I will certainly work with you on that. The
progress that we have heard from the school board is that they
do not want to move into the building until the new school
year. So the school board and administration are making that
decision, and it is not because of the BIE.
Senator Udall. So that would be this fall, I guess.
Dr. Roessel. This fall, yes, sir.
Senator Udall. Great.
One of the issues that I have worked on a lot is language
immersion, sharing opportunities to learn Native languages in
the schools. What have you run into there? What are your
obstacles, what are the challenges you have run into? As part
of your reform process, are you trying to deal with that issue?
And then I would also be interested with the GAO, if they saw
anything on that front. But please go ahead.
Dr. Roessel. Well, thank you, Senator. I think one of the
areas that we are really focused on is trying to make sure that
we work with Tribes in partnership. It is not enough just for
us to have a program and an initiative; we need to have a goal
of fluency, not just teaching language.
I think we have started to change that conversation to say
that our BIE plan for Native language is fluency. That changes
the whole landscape as we move forward. We have identified $3
million out of our budget to identify and, as mentioned
earlier, tried to develop language programs, get the
foundations what is needed.
In our reorganization, we have offices that are proposed
that will set up at the central office, as well as our regional
offices, for Native language, history, and culture; not to
dictate to Tribes what to do, but to be able to give them the
resources if they want an immersion program or bilingual
program or heritage language program. So it is something that
is very important to me also.
When I was at Rough Rock, I implemented an immersion
program for Navajo, so I know what it takes to implement that,
and it is something that we will really push. The schools that
we directly operate, we are going to be doing things that are
specific to those schools and then try to encourage and give
the support to tribal schools so that they too then can start
looking at fluency; not just the language program. I think we
need to go and set the bar even higher for fluency.
Senator Udall. And I think it is important that somebody
like you have worked at a school like Rough Rock as a
superintendent and now you are managing the BIE bureaucracy. So
that is tremendously important.
Ms. Emrey-Arras, do you have any thoughts on the language
immersion, learning Native languages, those issues that you saw
in your report at all?
Ms. Emrey-Arras. To date, we have not done work on the
language issue; however, we would be happy to do so if this
Committee is interested in us pursuing that in the future.
Senator Udall. Okay, thank you.
And, Mr. Roessel, just to finish out here, I know that
people across the board are interested in reform. I mean, this
is something the word has been used a long time, it is a real
challenge. All of us have said that these 42,000 to 50,000
students you have in the BIE schools should be a model for the
Country. It is the right size that if you really apply your
best thinking and best teaching, you can really make a
difference.
I think there is enthusiasm for that, but one of the real
issues, and this is always the case in dealing with Tribes, is
how good has the consultation been. My sense is, from listening
to my Tribes in New Mexico, they are excited about moving
forward, but they are not so sure that they have been involved
in a consultative process. Can you speak to that?
Dr. Roessel. As we have gone down this path of school
reform within BIE, we have actually started consultation two
years ago, and then last year at this time we had consultation
on the Blueprint for Reform. We are in the process of having
consultation right now on the reorganization plan that is
aligned with that blueprint. In fact, Friday I will be going to
Albuquerque for a consultation.
One of the things that we tried to do is not just focus on
big-scaled consultations, but actually individual tribal
consultations with Tribes that are being impacted. I have had
meetings with 20 different Tribes, separate Tribes,
individually, talking about their issues and their concerns as
this implementation plan takes hold; what is it going to do to
their Tribe.
So I think in this situation we have gone even further
because I think one of the issues that we look at when we have
a large-scale consultation is everyone gets 10, 15 minutes to
speak. These meetings that I have had with tribal leaders have
been six hours, eight hours, in one case ten hours just to be
talking specifically about their issues.
We can't improve the BIE unless Tribes are with us, and I
think one of the things that we are really excited about moving
forward is that we need to have that partnership, and for the
first time now Tribes are being asked to sit at the table to
talk about their future and their education; and it is not just
something that is done to them, but now it is something that is
done with them.
So we continue with that. We have added two additional
consultations just to try to meet that need from what we heard
out in the field.
Senator Udall. Thank you.
Thank you, Mr. Chairman.
The Chairman. Thank you, Senator Udall.
Senator Daines?
STATEMENT OF HON. STEVE DAINES,
U.S. SENATOR FROM MONTANA
Senator Daines. Thank you, Mr. Chairman.
Ms. Emrey-Arras, in reading your testimony, I have to say I
was struck by some of the inefficiencies that seemed to come
about from the decision-making process, and I think that
probably is using the term loosely, there is a decision-making
process at times, being removed from BIE schools themselves and
put in the hands of bureaucrats a long ways away.
One example you mentioned, there was a school that GAO
visited where the students and teachers went for an entire year
without hot water because the request for a new water heater
got lost in the shuffle at the Bureau of Indian Affairs.
Wouldn't it make a whole lot more sense to have these sorts of
decisions made on the ground by those who know better and what
the school needs when they need a new hot water heater or not,
rather than Washington, D.C. or Albuquerque?
Ms. Emrey-Arras. It is a shame. You should not have
children and staff going without hot water at an elementary
school for close to a year. I think we are firmly advocating
that there be accountability for making sure that needed
repairs get done and that there is also clear communication.
Schools often don't know who to contact about repairs when they
need help.
Just a very basic example which I think illustrates what is
going on is that something as basic as a directory for BIE, so
you know who to contact, has not been updated since 2011. We
have mentioned this in prior testimonies. It has yet to be
updated as of this afternoon. So something very simple about
who do you call when you have a problem is difficult to figure
out because the numbers aren't there.
Senator Daines. Have they ever heard of the term customer
service?
Ms. Emrey-Arras. That is a good question.
Senator Daines. And maybe this example is something we can
learn from. What was the root cause of that particular issue
where children went for a year without hot water?
Ms. Emrey-Arras. I think the folks in charge of making
those repairs were not aware that the request had been made
about a year before. They were not aware of that request until
we actually visited the school and brought it to the attention
of Indian Affairs. After that point it took about a month
before the new hot water heater was brought in, and it was only
$7,500. So this was a pretty minor purchase, and it took quite
a while to have it achieved.
Senator Daines. Thank you.
Dr. Roessel, according to the GAO's testimony, BIE students
consistently score lower in math and reading than their Indian
peers attending public schools. Additionally, graduation rates
for BIE students are significantly lower. In fact, during the
2011 and 2012 school year, the graduation rate for BIE students
was only 53 percent, compared to 67 percent for Indian students
attending public schools.
So my question is, what is the reason for this gap in
performance? And then the second part would be what are some
reforms that are needed to address this problem?
Dr. Roessel. The biggest impact in improving educational
outcomes, of course, is in the classroom, and that is what we
are focusing our reform efforts. What we need to do, and I
would say that we need to build a quality of instruction with
our current teaching staff, so we need to have reform efforts
that are aligned with professional development; and we are
doing that. We have instituted an alignment with the National
Board for Professional Teaching Standards. We have 252 teachers
that are in that program right now.
Senator Daines. Is there a challenge in attracting and
retaining the best teachers into that program that you are
saying is in the classroom, and then it comes back to the
administration, the teachers? Can you zero in on that for me?
Dr. Roessel. Yes. I think in that instance it was difficult
to get the word out. They are giving three years of their life
for a much higher standard, so we had to provide incentives,
and we did that. We provide bonuses in each year that they were
complete, the first phase, second phase, and then they become
nationally board certified. So we would provide those incentive
bonuses from BIE, not the individual schools, so it doesn't
impact their school budget. So that is one thing in the reform
effort, is trying to ensure that we have professional
development to improve the quality of instruction for our
current.
The other is we need to recruit, and the recruiting is hard
because we have, again, the facilities. We talk about the
school facilities, many being in poor condition. That is not
even talking about the teacher housing or the lack of teacher
housing in many of these remote locations. So one of the things
in the President's budget for 2016 is an effort to also have,
with HUD finding, a pilot program, a $10 million set-aside
specifically for BIE-funded teacher housing so Tribes and
schools could build that. So I think that is something that
would help attract quality teachers to come in there.
But, again, I think the focus that we have with the BIE
reform effort is we need to focus on that classroom; improve
instruction, improve leadership, improve governance, improve
tribal partnerships, each step taking it a little higher.
The graduation rates? One of the problems I think that we
have faced in Indian education is that when we are faced with
those low academic data, we begin to narrow the curriculum;
more math, more science, or just more of those, and the kids
are bored.
I don't think any of us would want to go to school in some
of the schools they have now; they just have two subjects,
reading and math. There is nothing else there. So we need to
expand and integrate tribal culture, tribal language, tribal
history into math, into reading, into science so that we expand
the curriculum and create opportunities, I think; and that is
what we are trying to do with the reform efforts, is provide
that professional development to expand the opportunities for
teachers who then can deliver that to the classroom.
Senator Daines. Thank you.
The Chairman. Thank you very much, Senator Daines.
Senator Heitkamp?
STATEMENT OF HON. HEIDI HEITKAMP,
U.S. SENATOR FROM NORTH DAKOTA
Senator Heitkamp. Thank you, Mr. Chairman.
I don't think anyone can look at these pictures and read
the GAO report and expect that children who go to school in
that kind of physical plant can feel valued or appreciated. Or
even going without hot water for a year tells you something
about what your position is in life.
I think we have to begin with that problem. It is so
enormously frustrating when we look at this because as we try
and build out greater opportunities, greater success rates,
whether it is lower rates of behavior in mental health, more
economic opportunity, more high school graduation rates, we
project so many demands onto these kids. But the message they
get every day is that they are not really worthy, they are
somehow less than other kids, because we would never let this
happen in a public school in North Dakota. We would never let
this happen.
I used to do inspections when I had the fire marshal
service under my jurisdiction when I was attorney general. We
shut down schools like this. So we all share that
responsibility, whether it is the folks at BIE, whether it is
the folks at BIA, whether it is this Committee, whether it is
Congress, whether it is the Administration.
We can't fix this problem without resources. The difficult
problem with getting resources is until we don't read some of
the waste and abuse and fraud, it is hard to convince folks to
put more money into this problem. So that is the impasse.
Dr. Roessel, I so enjoyed our first meeting because I had
great hope for the Bureau of Indian Education under your
leadership. You came from the Navajo; you understand what it
is. Can you tell me, now that you have had over a year since we
visited, probably, what have been your worse frustrations, like
you would really like to tell someone what it is? Can you just
share some of those ideas with us? Here is your chance.
Dr. Roessel. And keep my job?
[Laughter.]
Senator Heitkamp. Now, you know, it is too important to
these kids. I know you and I know you aren't worried about
keeping your job.
Dr. Roessel. Well, I will be honest and blunt. We need more
money to build our schools, $1.3 billion. Everyone knows that
figure. And I think we are starting to get there. It is a small
step, but at least there is hope; whereas, in the past budgets
were not prepared.
Senator Heitkamp. But I think some of the cynics would say,
how do we know it is not going to get wasted? How do we know it
is not going to get deployed in building a school building that
isn't big enough for the buses or fixing a roof that ends up
looking like that? How do we know that?
Dr. Roessel. Well, I don't think you can ever guarantee it.
But I think that if you have the system and the structure in
place that has accountability, lines of authority, I think if
you have people that want to do the right thing, and I think
they do, I think one of the things is that, we need to change
the way we view the problem. When you ask what am I concerned
about, we are in love with the problem. We should be in love
with the solutions. So we focus so much on just reiterating the
problems that we never get to solutions.
Senator Heitkamp. Do you think that chart is the problem?
Dr. Roessel. I think that chart is part of the problem.
Senator Heitkamp. I think that is a big part of the
problem.
Dr. Roessel. And I think we are addressing it in our
reorganization.
Senator Heitkamp. How do you have accountability when you
have that kind of jurisdictional morass? How can anyone be held
accountable when everybody can point fingers?
Dr. Roessel. I agree with you, and I think that the
reorganization that we have in place has clear lines of
authorities; not lapped over each other, but BIE having
facilities under BIE will help us, because we will be able then
to drive the proposals for budgets because they will come from
education experts, not from somebody else.
Senator Heitkamp. And this is part of the discussion we
have been having. I think it is critically important that you
begin almost immediately to address some of the lines of
authority, some of the waste, fraud, and abuse.
I don't think you can wait for the whole plan to gel
together before you start saying, we are on top of this and we
will not let offshore bank accounts, we will not let
incompetent people with maybe bad motives sign contracts that
will not result in improvements to the schools.
So that answer that you gave before, which is we are
waiting to put all this together, I would really suggest that
you begin a razor-like focus on the waste, fraud, and abuse,
because it is going to be very difficult to get more dollars in
this environment without understanding that we are spending
every dollar the way it should be spent.
Dr. Roessel. Yes, Senator.
The Chairman. Thank you very much, Senator Heitkamp.
Senator Franken?
Senator Franken. Thank you.
Thank you, Chairwoman Jones, for being here. I would like
to pick up with your testimony and tie it to what Senator
Heitkamp started with.
You talked about a student at the Bug-O-Nay-Ge-Shig School
saying, I don't want this for me, I want it for my siblings.
This child knew kind of where he stood in relation to what
Senator Heitkamp said, that you can tell Indian kids you are
not going to have what other kids in the United States have,
what you see on TV, because you are on an Indian Reservation.
And I feel like we are at a catch-22. How do you attract
teachers to teach, high-skilled teachers to teach on a BIE
school when housing is bad, when you don't want to bring your
own kids into an environment where there is so much
unemployment and drug use and domestic violence?
And I agree with Senator Heitkamp that we have failed you
and that child. We can't say, well, we are just not going to
put any more funding in until you prove that you will
absolutely not waste a dime. That is a catch-22. That is
basically saying, well, in that case, we will never do it.
You know that I have been talking about the Bug-O-Nay-Ge-
Shig School for quite a while. That school needs to be torn
down, am I right, and a new school built there? Am I right?
Ms. Jones. Yes, sir.
Senator Franken. And you are doing great things there. You
have an immersion language program there, and I think that is a
beginning of all of this, which is having the pride in your
culture that these kids get. And I was glad, with Senator
Murkowski, in the education bill to get language immersion
funds to you. But tell me what does a starting teacher make at
Leech Lake, do you know?
Ms. Jones. I think approximately, it is less than $40,000 a
year for a starting wage for one of our teachers over there.
And part of that, it is really hard to be able to recruit
individuals. Some of the things that I was looking at is a lot
of it is you try to recruit individuals to a facility that it
is almost incapable of teaching at.
One of the examples that I talked about in my testimony is
the science classroom. You walk in there, the students can't do
any hands-on labs at all. So we are lacking any learning
experiences there, where they just have to read about it or
they have to watch a video about it. So for an educator coming
in, trying to give that experience to a child, they can't. It
is really hard to be able to recruit individuals when we can't
have the proper tools or equipment in our classroom in order to
educate our youth.
Senator Franken. Yes. If you are a chemistry teacher and
you see your science room, you can't do lab.
What I am frustrated with is sort of the idea that we have
to look at the organization.
Dr. Roessel, it sounds like you have improved remarkably
the number of children who are succeeding, even though you are
building on some very low numbers. But we can't wait until you
prove that you have solved every problem until we start funding
you. We need to build you a new school there with a lab in it.
And I want to just say that you have done a remarkable job,
because when I took this last tour of the school, I was very
impressed with the teachers there. I was impressed with the
engineer for the school, who it is like a comedy, a tragic
comedy, but it is like a comedy in what this guy does to jerry-
rig stuff at this school.
Thank you for being here. You know that I asked Secretary
Jewell. Describe that.
Is it okay if I go a couple minutes?
The Chairman. Please, go ahead.
Senator Franken. I asked the Interior Secretary, before she
was Interior Secretary, when she was nominated, I told her
about the Bug-O-Nay-Ge-Shig School, and I urged her, every time
I see her, no matter when I have seen her, I talked about this
school, and she finally went. Tell me about that visit.
Ms. Jones. Yes, I want to thank you for sending the invite
out for her. I know the Minnesota delegation also kind of
pushed that effort as well.
In August, Secretary Sally Jewell and Assistant Secretary
Kevin Washburn came up to the school there. It was quite the
opportunity to have them go out there to visit the school.
Because she mentioned that listening to testimony did not do
justice for any of it, that the school is in even worse
condition than she even imagined it to be. We were fortunate
enough she actually stayed with the visit an hour longer to
talk to the students, to get their input of what it is like
over there.
We had some of the parents and school board members there,
and we had a grandparent telling them that, well, I have to
pull my child out of school after they reach the middle school
because he has asthma problems; they can't be in a facility
with a high school like that because of health conditions with
it.
So I think it was a real powerful message to Secretary
Jewell for being able to visit the school and actually
visualize it and hear the testimonies from the students and the
faculty themselves, because they are the ones that have to go
over there day in and day out.
During the winter months they are wearing jackets all day,
they are wearing gloves. Any time that the weather gets a
little too cold, we have to close our schools, which also
causes a problem with our children learning because now they
are not attending schools.
Senator Franken. Is it ever cold in northern Minnesota?
Ms. Jones. Oh, it has been brutally cold.
Senator Franken. I am way over my time, but my only regret
about Secretary Jewell going there is that she went in August.
I mean, there are blankets over every door because it is so
cold in the winter, and I think it is a disgrace.
Thank you.
The Chairman. Thank you very much, Senator Franken, and
thank you, Chairwoman Jones, for your thoughtful answers on
those questions.
A couple of questions. I wanted to start with Dr. Roessel.
In his written testimony, Dr. Lewis, and correct me if I
don't have this right, Dr. Lewis, suggested that the Bureau of
Indian Education should have authority over facilities and
construction matters. But he notes that the current plan for
the Bureau of Indian Education reorganization doesn't really
extend that authority and that, as a result, tribal schools are
going to have to continue dealing with multiple agencies on
school facilities and construction issues, which have caused
the kind of delays in the past that you have experienced.
So how is the secretary's reorganization plan going to
expedite and streamline the school construction and facility
maintenance programs, which is a concern that I have heard from
Dr. Lewis?
Dr. Roessel. Thank you, Chairman. The school facilities
issue with the reorganization, that oversight will fall under
BIE in our proposal, so we would, I would have, BIE would have
oversight over the school facilities operations and
maintenance. Now, the school construction area is actually in a
different line item, and that is still within the division of
Deputy Assistant Secretary for Management.
So the oversight, what we would have at BIE, we would have
people that know education facilities and can help drive the
budget in terms of doing the research, doing the background to
say, okay, this is what we need in projections for next year
for new schools, this is our facility condition index, and try
to drive budgets so that we can have a plan. We brought on
board as part of the American Indian Education Study Group
Marilee Fitzgerald, who used to be the Director for the
Department of Defense Schools. She has been helping us to a
spot where we can develop a six-year, seven-year plan for
construction.
But to answer the question, the facilities would fall under
BIE, and the O&M would fall under BIE.
The Chairman. Dr. Lewis, do you think that is adequate?
Dr. Lewis. I strongly agree with that. That is what we need
to do. Right now it is very confusing with the BIA overseeing
facilities and BIE running the academic portion. It needs to be
transferred over so that the educators can have a stronger
voice as to what is best for children in the classroom.
Currently, that is not the case.
The Chairman. And then, Dr. Roessel, thinking about the
written testimony that we have from Ms. Emrey-Arras, she
identified several management problems which compound the
current challenges in overseeing how money is spent, as well as
academic improvements; lack of knowledge and communication
between the Bureau of Indian Education, other offices
responsible for various management functions for the schools.
She also pointed out a lack of expertise in training of
Bureau of Indian Education employees. So how is the Bureau
addressing these issues, including developing and implementing
strategic plans in your reorganization to improve coordination
among agencies?
Dr. Roessel. In response to the strategic plans and
communication plans, we have one, and have had it on our Web
site now for about a year. The reason it is not finalized is we
are still in tribal consultation. So until we are through with
that, which, again, we are ending tribal consultation on Friday
and then we have a comment period for an additional week on the
22nd, then we can take all those comments and develop; and any
kind of comments that are specific to the strategic plan or the
communication plan will be listened to and then will be
incorporated. So those two areas.
In terms of oversight, I come back to the same process: we
are defining the roles and responsibilities in a way so that we
are separating out the education portion with the management
and administrative portions, making very clear roles and
responsibilities. That is how we are addressing it.
In the secretarial order we have a development of a school
operations division that will oversee contracts and grants,
that will oversee IT, that will oversee HR, that will oversee
budget execution and formulation. That we have had to go
outside of BIE to get done. Now it will be within BIE, so then
BIE could be held accountable for everything dealing with
school education.
The Chairman. Ms. Emrey-Arras, your written testimony
highlights misspending of school funds and the Bureau of Indian
Education's limited oversight of school spending. You talk
about the agency didn't use a risk-based approach for
monitoring spending, lacked written procedures to oversee
spending. They are undergoing this reorganization now, which
presumably, hopefully, from everybody here on the panel, would
include improved spending oversight.
Do you have some specific recommendations that have for
improving spending oversight in the context of their
reorganization plan?
Ms. Emrey-Arras. I think it goes to the workforce analysis,
to make sure that you have people with the right financial
skills looking at audits. We had people who were responsible
for looking at single audits tell us that they were not
auditors, they were not accountants, and they didn't know how
to look at the documents, which really presents issues in terms
of accountability and oversight.
I think, going forward, it is really critical that the
folks who are in charge of making sure that the money is well
spent have the skills to really oversee it.
The Chairman. Thank you.
Then, Dr. Lewis, final question. In your written testimony,
several times you mention that the Navajo Nation wants to
exercise greater sovereignty in education. I think you noted
that 17 school districts, 244 schools operate on the Navajo
Reservation. That is quite a number. And with multiple school
systems on your Reservation, there is really not a uniform
educational system that allows for consistent regulatory
oversight. So can you expand upon how your recommendation that
your Tribe be designated as a State Education Agency, how that
would provide some consistent oversight and improve the
educational outcomes for the students?
Dr. Lewis. Mr. Chair, members of the Committee, the Navajo
Nation has a law called Navajo Sovereignty in Education, passed
in 2005. The goal of that law is to make our Department of Dine
Education have a similar status as a State education
department, similar power, similar authority. The Navajo Nation
is sovereign, like any State.
As an SEA, State Education Agency, we would be able to
exercise regulatory authority over schools regarding academic
accountability. At this point, the Navajo Nation is not
recognized with this authority, and that is why tribally-
controlled schools continue to fail, because we have a
fragmented system encompassing three States with different
standards.
So the whole intent of us getting involved in the education
of the 32 BIE schools is to have a uniform set of standards.
The department would serve as the regulatory authority to make
sure that the content standards are there, the policies are
there so that schools can use it effectively. The Navajo Nation
did not have an opportunity from the beginning of time.
Instruction, this education program that we have in our Nation;
it was brought in by other governments. Now we find out that it
is not all that great because of the high numbers of failures
in academic achievement and dropout rates and so forth.
So we are determined in building a Navajo education system
where culture and value is infused through the system. We
strongly believe that is the key to our survival. If a child
understands their roots, their culture, their way of life, they
will have a better understanding about the beauty of life, the
sacredness of life, and learning will become natural. So that
by the time they graduate from high school, they know their
destiny, they are full of confidence that they can enter the
workforce or into higher education. Currently, the system fails
these students because of the fragmented system and because of
the way that it is structured.
Through this initiative that we are working on, in
partnership with the BIE, we want to build a system that is
connected, where Head Start, elementary, secondary, and higher
education are aligned, knowing that when a child enters Head
Start, we know that in 13 years they will be graduating at
proficiency level in math and science.
As of the moment, these students struggle. They graduate
with a high school diploma, but they don't score high enough on
ACT or SAT to enter into higher education; therefore, they
become a part of the problem. And we are hoping that this whole
system, when we align it in our way, the way we understand our
children's educational needs, we will see better results.
So being recognized as a State Education Agency is
critical. We will develop the assessment tool to make sure that
the academic learning is measured properly so that we are at
the same level as a State educational program.
Thank you, sir.
The Chairman. Well, thank you very much for your answer.
I want to thank all four of you for being here to testify.
I know Senator Tester was trying to get back. He had an
unavoidable conflict, but he may have some written questions,
as may some of the other members of the panel, so the hearing
record is going to be open for two weeks. I want to thank you
again for your time and your testimony.
The hearing is adjourned.
[Whereupon, at 3:38 p.m., the Committee was adjourned.]
A P P E N D I X
Prepared Statement of John Yellow Bird Steele, President, Oglala Sioux
Tribe
______
Prepared Statement of the National Indian Education Association
Introduction
Thank you for this opportunity to submit testimony regarding the
Committee's May 13, 2015 hearing on the Bureau of Indian Education's
(BIE) organizational challenges. Founded in 1969, the National Indian
Education Association (NIEA) represents Native students, educators,
families, communities, and tribes. NIEA's mission is to advance
comprehensive educational opportunities for all American Indians,
Alaska Natives, and Native Hawaiians throughout the United States. NIEA
advocates for educational excellence by working to ensure that students
receive equal access to high-quality academic and cultural education
models. By serving as the critical link between our communities and the
diverse array of institutions that serve our students, NIEA holds all
accountable for improving achievement.
The State of Emergency in Native Education
Native education is in a state of emergency. As Interior Secretary
Sally Jewell has stated, ``Indian education is an embarrassment to you
and to us. It is not for the lack of desire. This [the BIE] is the one
part of the Department of the Interior that deals directly with
services to children. We know that self-determination and self-
governance is going to play an important role in bringing the kind of
academically rigorous and culturally appropriate education that
children need.'' \1\
---------------------------------------------------------------------------
\1\ Hearing before the Committee on Indian Affairs, S. Hrg. 113-92
(May 15, 2013).
---------------------------------------------------------------------------
The Department of Education has recently applauded the improvement
in nation-wide graduation rates, particularly the improvement among
students of color. BIE students, however, are not experiencing the
progress in graduation rates that the rest of the country is
witnessing, with Native graduation rates often over around 50 percent
in many states. Native students also continue to lag behind their peers
on other important educational indicators.
The Trust Responsibility for Native Education
Established through treaties, federal law, and U.S. Supreme Court
decisions, the federal government's trust responsibility to tribes
includes the obligation to provide parity in access and equal resources
to all American Indian and Alaska Native students, regardless of where
they attend school. The federal government's trust responsibility in
the field of Native education is a shared responsibility between the
Administration and Congress for federally recognized Indian tribes.
To the extent that measurable trust standards in Native education
can be evaluated, NIEA suggests this Committee refer to the
government's own studies encompassing Native test scores, treaty-based
appropriation decreases, and Government Accountability Office (GAO)
Reports, among other reports, which illustrate continued failure to
uphold the trust responsibility and effectively serve our students.
This is unacceptable because only through equal educational
opportunities can we expect our future generations to be prepared for
academic achievement and, consequently, successful in college and
careers.
Bureau of Indian Education Schools
There are only two educational systems for which the federal
government is directly responsible: Department of Defense (DOD) schools
and federally operated and federally funded tribal schools. BIE
schools, however, lag far behind DOD schools in funding, school
construction, and student achievement. While DOD schools are being
renovated and remodeled, schools within the BIE system are woefully
outdated and, in some cases, dangerous for students and staff. As
America's most vulnerable population, Native students should have equal
access to resources and opportunities. Congress should fulfill its
responsibility to Native students by remedying the disparities between
these two federally operated school systems.
Over 60 BIE schools currently rated in ``poor'' condition, and
construction issues continue to put Native students at an educational
disadvantage. Meanwhile, GAO reports have found that better school
facilities are associated with better student outcomes. \2\ We urge
support for a long-term school replacement plan that would set out
priorities for school construction and replacement over the next 40-60
years and that would include a plan for adequate maintenance funding.
Accountability, in addition to funding, is required to ensure that
BIE's school construction funds are used to effectively and efficiently
improve the educational opportunities of Native students. Therefore, we
also urge increased oversight over BIE school construction funds.
---------------------------------------------------------------------------
\2\ See GAO, School Facilities: Physical Conditions in School
Districts Receiving Impact Aid for Students Residing on Indian Lands,
GAO-10-32 (Oct. 29, 2009).
---------------------------------------------------------------------------
BIE schools also face enormous challenges regarding their staffing
and operation. \3\ Currently, over 40 percent of regional positions are
vacant. Additionally, employees are often not placed in positions for
which they have the necessary skills. Communication is lacking, as
school staff are often confused about who to contact within the BIE
when they have problems. Finally, as the Government Accountability
Office has noted, the BIE lacks staff with the expertise required to
oversee school expenditures. These staffing and administration issues
must be overcome, and increased oversight must be provided, for the BIE
system to work effectively and efficiently for Native students.
---------------------------------------------------------------------------
\3\ See, e.g., GAO, Bureau of Indian Education Needs to Improve
Oversight of School Spending, GAO-15-121 (Nov. 2014).
---------------------------------------------------------------------------
Recommendations for Reform
NIEA is generally supportive of BIE reform. However, we urge
transparency in the design and execution of the reform in order to
include tribal participation, facilitate congressional oversight, and
ensure that reform fulfills the federal government's trust
responsibility regarding delivery of trust- and treaty-based
educational rights. See NIEA Resolution #2014-11. NIEA has several
recommendations regarding how reform can be undertaken in a way that
honors the federal government's responsibilities, respects the
government-to-government relationship between tribes and the United
States, and achieves much-needed progress regarding our Native
students' education.
Keeping the BIE Within the Department of Interior
Although reform is needed, it is essential that Native education
remain the purview of the BIE and that BIE remains housed within the
Department of Interior, which has extensive experience carrying out the
United States' trust responsibility. Tribal leaders have repeatedly
stated that the BIE should stay within the Department of Interior. NIEA
joins tribes in strongly opposing any effort to move Native education
to the Department of Education. However, we look forward to follow-up
hearings to determine what the BIE and the Department of Education are
doing to work together to address the needs of Native students.
Follow-up Hearings With Both BIA and BIE Officials
The BIE is extremely limited in what it can do without its partners
in the Bureau of Indian Affairs (BIA). A number of the areas that the
GAO has identified as needing reform are areas that involve BIA
responsibilities, operations, and staff. \4\ Therefore, follow-up is
needed that involves both BIE and BIA officials in order to facilitate
dialogue regarding BIE reform and to determine how communication can be
strengthened between the BIE and BIA.
---------------------------------------------------------------------------
\4\ See GAO, Indian Affairs: Better Management and Accountability
Needed to Improve Indian Education, GAO-13-744 (Sept. 2013).
---------------------------------------------------------------------------
Stated Authority
Tribes have repeatedly questioned whether BIE authority to move
forward with reform based on the Tribally Controlled Schools Act (P.L.
100-297). NIEA has requested an opinion from the Department of
Interior's Office of the Solicitor on this matter. However, an opinion
has not yet been provided.
Facilities and Maintenance Funding
As stated, over 60 BIE schools currently rated in ``poor''
condition. Native children are learning in buildings that are crumbling
around them. We appreciate the attention that has been paid to the
dilapidated Bug-O-Nay-Ge-Shig school. This school is, unfortunately,
representative of the significant problems facing schools that linger
on the BIE's school construction list. Additional funds for facilities
and maintenance are desperately needed so that the BIE can reduce the
construction and repair backlog, addressing schools in the order they
appear on the BIE construction list so that schools that have long
awaited facilities funding will not continue to be neglected. We also
urge the creation of a long-term school replacement plan and increased
oversight over school construction funds to ensure the effective
administration of federal funds.
BIE-Focused Budget Advisory Committee
Additionally, we recommend the formation of a tribal budget
advisory committee focused specifically on BIE issues to advise the
Department of Interior on educational issues. Although the Tribal-
Interior Budget Council (TBIC) provides an avenue for tribal input on
budget issues, TBIC focuses on all issues relevant to Indian Country
and therefore lacks the education-specific knowledge required to help
transform Native education. A tribal education advisory committee would
form an important point of contact for tribal leaders and tribal
educators. Such a committee would also be well positioned to make
recommendations that would address both BIE and BIA educational
activities.
Continued Oversight Over the Reform Process
As NIEA has previously stated, and has expressed in Resolution #
2014-11, continued congressional oversight over the BIE reform process
is necessary. In particular, the proposed offsets that the Department
of Interior has identified in order to pay for the BIE redesign should
be made public. NIEA has requested this information, but it has not yet
been provided. Additionally, now that we are a year into the BIE
redesign, the BIE should be required to provide more detailed plans
regarding the reform as well as a timeline for implementation. This
timeline should include a public list of the proposed closings of line
offices. As the reform moves forward, details of the reform should
continue to be made public, tribal input should be prioritized, and
congressional oversight should continue.
Conclusion
We thank the Committee for holding this oversight hearing. The
current BIE reform process has the potential to make a meaningful
difference in the lives of Native students. We urge Congress and the
Administration to use this opportunity to work closely with tribes.
NIEA firmly believes that self-governance in education is the answer to
the current crisis in the Native education system. Tribes have
demonstrated time and time again that we are better equipped to address
the needs of our own peoples. Working together, with bipartisan support
from Congress, we are confident that BIE can be reformed in a manner
that furthers tribal self-determination in education.
______
Prepared Statement of Hon. Erma J. Vizenor, Chairwoman, White Earth
Band of Ojibwe
Honorable Chairman John Barrasso and members of U.S. Senate
Committee on Indian Affairs, my name is Erma J. Vizenor, Chairwoman of
the White Earth Nation in Northern Minnesota. Miigwech--thank you--for
the opportunity to submit this testimony regarding the Bureau of Indian
Education as you look at improving educational opportunities and
outcomes for Indian children.
The Bureau of Indian Education, as we all know, is responsible for
the success of our Indian children enrolled in the 185 elementary and
secondary schools which it oversees. The outcomes of these 41,000
students is poor, and something needs to change because the outcomes
impact our children, our families and our future.
Communication with the BIE has been fragmented. We understand that
is partly due to the turnover of key positions and positions left
vacant for several months. However, in order to effectively and
efficiently provide services to our students, communication with BIE
officials must be remedied. As an example, during the several years it
took for White Earth to receive school replacement funding, our staff
and I struggled to communicate effectively with (BIE and BIA) staff in
Albuquerque and DC. Staff turn-over resulted in frustration when
communication and information changed as staff changed--a factor in the
number of years it took for replacement funding.
Fragmented communication also happens when it comes to the outcomes
of our children. How can we, as a Tribal Nation, do what is best for
our students when we receive notification of Adequate Yearly Progress
based upon test scores from two years prior? We cannot. How can the BIE
say its doing its job when the expectation of adequate progress and
achievement is far lower than that of the State Education Agencies? We
want the best for our students--and if the best means we have to meet
higher standards, then that is what we should have.
BIE School Funding
Circle of Life Academy is a tribally-controlled K-12 BIE school
just on the outskirts of White Earth Village. We have 130 students
attending from across the reservation. Our school is underfunded, but
we still look for creative and innovative ways to help our students
succeed.
This year, for the first time ever, we have five students who
are taking advantage of the College in the High School/PSEO
program. The ability to offer these courses came through a
partnership with White Earth Tribal and Community College. By
taking care of transportation issues, we were able to offer
students opportunities to take advanced coursework at our
school and at WETCC to challenge them academically. One of the
students currently attending was on the verge of dropping out.
We were able to work with her and the college; she is now
enrolled in the courses she needs and is on track to graduate
on time.
Total per pupil funding for BIE students is under $6,000, in
comparison, per pupil funding for students in Minnesota's public
schools is $10,700 ($13,000 for students in the metro areas). Our BIE
students must be funded and treated equally. We must realize an
increase in per pupil funding so we can provide the same opportunities
and learning environments students and teachers are afforded in schools
throughout the state and nation.
Indian School Equalization Program (ISEP) funding must include
additional funding opportunities in the base funding. The Federal
Government's additional competitive grant funds are rarely awarded to
smaller Tribes or to Tribes with small BIE school enrollment. These
competitive grant opportunities, such as the Demonstration Grant for
Indian Children, must have a set-aside for 41,000 students in our BIE
schools.
ISEP base funding also does not consider student, instructional and
safety support personnel, such as school counselors, mental health
therapists, school nurses and general education paraprofessionals.
Technology and technology support are also left unfunded, thus system
upkeep, maintenance and replacement relies on the availability of ISEP
funds and the internal prioritization of such.
The following needs have been identified but are not feasible with
current funding:
1. An after school/extended year program where we could offer
academic support and credit recovery options to keep students
on track for graduation and to improve reading and math skills.
2. Instructional coaches and Reading/Math specialists to
improve our pyramid of interventions.
3. Adjusted salary schedule to make us competitive with nearby
districts so that we can recruit and retain highly qualified
and talented teachers
4. Preschool program
5. Intensive professional development during the summer and
year for teachers in high-leverage teaching strategies.
A group of four junior high Circle of Life Academy students
were at high-risk for having to be retained because of their
lack of academic progress due to having a difficult time
regulating their emotions and leaving class when they were
upset. These young girls were screened and identified as having
elevated symptoms of depression and PTSD. This qualified them
for an evidence-based therapy group called CBITS (Cognitive
Behavioral Interventions for Trauma in Schools), which is
offered to students at school.
The girls worked hard during their 10-week group therapy
sessions; they learned how to relax their bodies when they felt
stress and triggers coming on, how to identify their feelings
in times of real or imagined stress, and several other stress
reduction techniques. The group also incorporated Native
American cultural practices to help them feel connected to
their culture throughout the group process.
Post-group assessments showed a decrease in depression and
PTSD symptoms. In addition, there was an increase in academic
scores and none of the students ended up being retained. One
student stated ``I can't believe I can actually sit through a
class period and be able to chill myself out all by myself; I
might actually be able to stay in school and graduate now!'' It
is evident that the skills learned in this therapy group were
able to transcend into the classroom, seeing positive results
in many areas.
Early Childhood Funding
Funding for quality Early Childhood Programs is vital. We are all
aware of the impacts of investing in early childhood programs. Schools,
programs and agencies on White Earth provide services to approximately
500 children ages 0-5. We have another 250 children not receiving any
type of early childhood programming. The Bureau does not fund pre-
school programming. We ask that you continue to support increased
resources for Early Childhood programs so we can bring our children
into the school before kindergarten and provide them that key
opportunity to succeed.
Facilities
All students deserve to receive a quality education in a safe
environment. The BIE's oversight and management of school replacement,
repair and improvement has been poor. It took White Earth over 12 years
to receive funds for a replacement school. During that time, our
students attended school in a building that leaked every time it
rained, had poor foundation issues and several other citations--making
it an unsafe and unhealthy environment for students and staff. It is my
understanding that there are other BIE schools throughout the nation
that are in the same disrepair. This is not acceptable.
During the post-award and planning stage for the new Circle of Life
Academy facility, I was quite dismayed at the Bureau's commitment to
building a facility to meet our needs. The BIE only approved the
construction of six classrooms, which would force us to provide
combined classrooms from 1st through 12th grades. We found that
unacceptable and committed $4,000,000 of our own funds so that each
grade would have its own classroom. This was accepted by the Bureau,
only to be informed that Operation & Maintenance (O&M) funds for the
additional classrooms would not come from the BIE. This is an injustice
to Indian students.
I am pleased that we have a new facility, and although it is much
smaller than what we wanted, it is a grand improvement from the
condemned building we were using prior. It is of utmost importance that
the BIE address the needs of construction, repair and maintenance for
all schools--nationwide.
Position Paper
The creation of the Tribal Nations Education Committee was endorsed
by both the Minnesota Chippewa Tribe and the Minnesota Indian Affairs
Council in 2007. The Tribal Nations Education Committee consists of
representatives appointed by each of the eleven Tribal Nations in
Minnesota, representatives from the Twin Cities Metro area and Greater
Minnesota, and a representative from the Minnesota Chippewa Tribe. The
TNEC is recognized in State statute 124d.79 subd. 4 as the body with
which the Minnesota Department of Education must consult (affirming the
government-to-government relationship). Many of the TNEC members are
here today.
Each year, the Tribal Nations Education Committee prepares a
Position on Education which outlines priorities in Indian Education
from birth through post-secondary education. A copy of the Position on
Education is attached for you today to read and use as a guide to
making a difference in Indian Education not only in Minnesota, but
nationwide as well.
Attachment:
______
Association of Community Tribal Schools, Inc.
Sicangu Lakota Nation, May 4, 2015
Hon. John Barrasso, Chairman
Senate Committee on Indian Affairs
838 Hart Senate Office Building
Washington, DC 20510
Chairman Barrasso,
This letter is to express our concern for the Bureau of Indian
Education's attempt to re-organization, AGAIN.
The BIE does not need to move valuable federal positions and other
financial resources from poor reservations and move them to urban
areas. Maybe 6 of the 15 Education Resource Centers could be considered
on Indian lands.
The BIE does not need to continue dictating what is best for tribal
children. The 5 pillars of the reform effort use educational beliefs
that continue acculturation and assimilation of the tribal learners.
The Study Group and Blueprint is moving forward even when the
majority of tribes and tribal schools do not support the effort of
tribal control.
The 50+ positions for the ADD-Tribally Controlled Schools could be
reduced in half. If the Tribally Controlled Schools Act is functioning
properly, the schools are required to deliver 4 reports and an audit to
the tribes and then to the BIE. The processing and monitoring of these
requirements should not take over 50 staff to process.
The real paternalistic control over tribal school is NCLB and other
federal legislation which dictates what is best for tribal learners.
I am willing to provide more specifics, if interested.
Dr. Roger Bordeaux,
Executive Director.
Attachments:
______
BIE Funded Schools Replacement Schedule--March 2015
Schools are ranked based upon their Facility Condition Index
(FCI)--Worse to Best
------------------------------------------------------------------------
No. School Condition
------------------------------------------------------------------------
1 Crow Creek Sioux Tribal Poor
Elementary School.
2 Crow Creek High School..... Poor
3 Little Singer Community Poor
School.
4 Cove Day School............ Poor
5 Bug-O-Nay-Ge-Shing School.. Poor
6 Lukachukal Boarding School. Poor
7 Richfield Residential Hall. Poor
8 Dzilth-na-o-dith-hle Poor
Community School.
9 He-Dog..................... Poor
10 San Simon School........... Poor
11 Red Rock Day School........ Poor
12 Greasewood Springs Poor
Community School.
13 Cottonwood Day School...... Poor
14 Wounded Knee District Poor
School.
15 Na'Neelzhiin Ji'Olta Poor
(Torreron).
16 Rock Point Community School Poor
17 Shonto Boarding School..... Poor
18 John F. Kennedy Day School. Poor
19 Tonalea/Redlake Day School. Poor
20 Jemez Day School........... Poor
21 Laguna Elementary School... Poor
22 Little Wound/Kyle.......... Poor
23 Rosebud Elementary School.. Poor
24 Greyhills High School...... Poor
25 Naa tsis aan (Navajo Poor
Boarding School).
26 Rock Creek Grant School.... Poor
27 Aztec Dormitory............ Poor
28 Nazlini Boarding School.... Poor
29 Coeur D'Alene Tribal School Poor
30 Crystal Boarding School.... Poor
31 Chinle Boarding School..... Poor
32 Te Tsu Geh Oweenge Poor
(Tesuque) Day School.
33 Sicangu Owayawa Oti Poor
(Rosebud Dormintory).
34 Spring Creek School........ Poor
35 Mandaree Day School........ Poor
36 Gila Crossing Day School... Poor
37 Duckwater Shoshone Poor
Elementary School.
38 Hotevilla Bacavi Community Poor
School.
39 Black Mesa Community School Poor
40 Tse'ii'ahi' (Standing Rock) Poor
Community School.
41 Tonono O'Odham High School Poor
(Papago).
42 Okreek School.............. Poor
43 Little Eagle Day School.... Poor
44 To'haali' (Toadlena) Poor
Community School.
45 American Horse School Poor
(Allen).
46 Alamo Navajo School........ Poor
47 Theodore Jamerson Poor
Elementary School.
48 Choctaw Central............ Poor
49 Quileute Tribal School..... Poor
50 Santa Rosa Boarding School. Poor
51 Dibe Yazhi Habitiin Olta, Poor
Inc (Borrego Pass).
52 Riverside Indian School.... Poor
53 Moencopi Day School........ Poor
54 Theodore Roosevelt School.. Poor
55 Casa Blanca Day School..... Poor
56 Rocky Ridge Boarding School Poor
57 Atsa Biyaazh Community Poor
School (Shiprock).
58 Pierre Indian Learning Poor
Center.
59 White Shield School........ Poor
60 Cheyenne Eagle Butte School Poor
61 Hopi Day School............ Poor
62 Beatrice Rafferty School... Poor
63 Dennehotso Boarding School. Poor
64 Taos Day School............ Poor
65 Pinon Community School..... Poor
66 Santa Rosa Ranch School.... Poor
67 Crazy Horse School......... Poor
------------------------------------------------------------------------
Fair Condition Schools need to be replaced within 20 years
------------------------------------------------------------------------
No. School Condition
------------------------------------------------------------------------
68 Ahfachkee Day School....... Fair
69 Aneth Community School..... Fair
70 Salt River Day School...... Fair
71 Pine Springs Day School.... Fair
72 Hunters Point Boarding Fair
School.
73 Laguna Middle School....... Fair
74 Indian Island School....... Fair
75 Jones Academy Dormitory.... Fair
76 Lower Brule Day School..... Fair
77 Keams Canyon Boarding Fair
School.
78 Sequoyah High School....... Fair
79 Noli School (CA)........... Fair
80 Northern Cheyenne Tribal Fair
School (Busby).
81 Havasupi School............ Fair
82 Pine Hills School & Rama Fair
Dorm.
83 Kickapoo Nation School..... Fair
84 Oneida Tribal School....... Fair
85 Joseph K Lumsdem Bahweting Fair
Anishnabe School.
86 Chief Leschi School System. Fair
87 Many Farms High School..... Fair
88 Chilchinbeto Community Fair
School.
89 Ohkay Owingeh (San Juan) Fair
Community School.
------------------------------------------------------------------------
Good Condition Schools need to be replaced within the next 30 to 40
years
------------------------------------------------------------------------
No. School Condition
------------------------------------------------------------------------
90 Blackwater Community School Good
91 H'anaa'dii Community School/ Good
Dormitory, Inc.
92 Cibecue Community School... Good
93 Indian Township School..... Good
94 St Francis Indian School... Good
95 Turtle Mountain Elementary Good
& Middle School.
96 Pine Ridge (Oglala Good
Community School).
97 Chemewa Indian School...... Good
98 Lake Valley Navajo School.. Good
99 Two Eagle River School..... Good
100 Eufaula Dormitory.......... Good
101 Tlis Nazba Community School Good
102 Sherman Indian High School. Good
103 Leupp School, Inc.......... Good
104 Miccosukee Indian School... Good
105 Menominee Tribal School.... Good
106 Standing Rock Community Good
School.
107 Kinlani Bordertown Good
(Flagstaff) Dormitory.
108 Sante Fe Indian School..... Good
109 Twin Butte Day School...... Good
110 Marty Indian School........ Good
111 Tucker Day School.......... Good
112 Jicarilla Dormitory........ Good
113 Tuba City Boarding School.. Good
114 Sho-Ban School District No. Good
512.
115 To'haali' (Canoncito)...... Good
116 Flandreau Indian School.... Good
117 Lac Courte Oreilles Ojibwa Good
School.
118 Chi-Ch'il-Tah/Jones Ranch.. Good
119 Pearl River Elementary..... Good
120 Hopi Junior/Senior High Good
School.
121 Sky City Community School Good
(Acomita).
122 Rough Rock Community School Good
123 Kin Dah Lichi'I'Olta Good
(Kinlichee).
124 Meshwaki (Sac & Fox) Good
Settlement School.
125 Ch'ooshgai (Chuska) Good
Community School.
126 San Ildenfonso Day School.. Good
127 Nenahnezad Boarding School. Good
128 St Stephens Indian School.. Good
129 Tate Topa Tribal School Good
(Four Winds).
130 Fond du Lac Ojibway School. Good
131 Conehatta Elementary School Good
132 Seba Dalkai Boarding School Good
133 Mariano Lake Community Good
School.
134 Wa-He-Lut Indian School.... Good
135 Pyramid Lake High School... Good
136 Circle of Nations Good
(Wahpeton).
137 Chitimacha Day School...... Good
138 Hannahville Indian School.. Good
139 Tiyospaye Topa School...... Good
140 Boque Chitto Day School.... Good
141 Paschal Sherman Indian Good
School.
142 Standing Pine Day School... Good
143 Lummi Tribal School System. Good
144 Holbrook Dormitory, Inc.... Good
145 T'siya Elementary & Middle Good
School (Zia Day).
146 Baca/Dlo'ay' Azhi Community Good
School.
147 Dunsieth Day School........ Good
148 Beclabito Day School....... Good
149 Bread Springs Day School... Good
150 Cherokee Central High Good
School.
151 Cherokee Elementary School. Good
152 Chickasaw Children's Good
Village.
153 Circle of Life Survival Good
School.
154 Dilcon Boarding School..... Good
155 Enemy Swim Day School...... Good
156 First Mesa Elementary Good
School.
157 Isleta Elementary School... Good
158 Jeehdeez'a Academy (Low Good
Mountain).
159 Kayenta Boarding School.... Good
160 Kaibeto Boarding School.... Good
161 Loneman Day School......... Good
162 Mescalero Apache School.... Good
163 Muckleshoot Tribal School.. Good
164 Navajo Preparatory School.. Good
165 Nay Ah Shing School........ Good
166 Ojibwa Indian School....... Good
167 Ojo Encino Day School...... Good
168 Porcupine Day School....... Good
169 Pueblo Pintado Community Good
School.
170 Red Water Day School....... Good
171 San Felipe Day School...... Good
172 Sanostee Day School........ Good
173 Second Mesa Day School (Old Good
Polacca).
174 Takini High School......... Good
175 T'iists'oozi'Bi'lta Good
(Crownpoint Community
School).
176 Tiospa Zina Tribal School.. Good
177 Turtle Mountain High School Good
178 Wide Ruins Community School Good
179 Wingate Elementary School.. Good
180 Winslow Residential Hall... Good
181 Yakama Tribal School....... Good
------------------------------------------------------------------------
Response to Written Questions Submitted by Hon. Mike Crapo to
Charles ``Monty'' Roessel
Funding
Question 1. The Department of the Interior has requested lower
funding for the Indian School Equalization Program (ISEP) to provide
funds for the Education Turnaround Pilot Program. These funds are used
for Student Improvement Grants, which are temporary programs and do not
provide long term funding to selected schools. How can real educational
reforms be achieved when funding for student improvement relies on
temporary arrangements?
Answer. On December 18, 2016, Public Law 114-113, the Consolidated
Appropriations Act, 2016, was enacted. The FY 2016 budget request
included funding proposals for investments in education that will yield
long-term benefits, and those proposals were funded under the enacted
Consolidated Appropriations Act These benefits include focusing on
improving instruction, improving teachers through national board
certification, bringing Internet connectivity into all Bureau of Indian
Education (BIE) schools, increased funding for tribal grant support
costs, and assisting tribes with the development of tribal education
departments. The increased funding for operations and maintenance will
assist the BIE in improving conditions of BIE facilities.
Question 2. ISEP funding has steadily decreased over the past 3
years and BIE schools have to look toward short-term grants and pilot
programs to provide basic educational services for their students. How
will the BIE provide Native students with world-class education when
schools barely have the resources to hire teachers or provide modern
learning environments?
Answer. The funding for school operations has gradually increased
since the sequestration of Fiscal Year 2013. In FY 2013, school
operations was funded at $493,700,867, in FY 2014 it was funded at
$518,318,000, and in FY 2015 it was funded at $536,897,000. However,
the FY 2015 base funding for school operations, the Indian School
Equalization Program (ISEP), at $386,565,000 is still lower than the FY
2012 funding at $390,706,867 due to the FY 2013 sequestration and the
FY 2014 adjustment for the Education Turnaround Pilot Program. The FY
2016 budget of $391,837,000 restores ISEP funding to an amount greater
than the pre-sequestration FY 2012 funding.
Organization and Structure
Question 3. The proposed organizational model as outlined by the
BIE takes the agency from a ``direct provider of education'' and makes
it into an ``innovative organization that will serve as a capacity-
builder and service-provider.'' The reorganization activity seems
counter to this mission statement. For example, the Shoshone-Bannock
Tribe was one of around 25 schools under one Associate Deputy Director.
Under the reorganization, that same person has responsibility for
approximately 90 schools. How does this reorganization actually further
the goal of providing world-class education, and how does the
reorganization work to provide better communication and coordination
with BIE schools when more schools are overseen by the same number of
personnel?
Answer. The Department of the Interior's (Department's) proposed
Education Resource Centers scales up a best practice. Previously, when
Director Roessel was the Associate Deputy Director for Navajo Schools,
as a part of a Navajo pilot project for BIE-operated Navajo schools, he
clarified roles and responsibilities within the field to enable
specialization and avoid the ``jack of all trades'' approach. In
addition, he restructured six separate Education Line Offices into one
school district, established school improvement teams (made up of
school improvement specialists) and established school clusters
organized around strengths and weaknesses.
As a result, the percentage of BIE-operated Navajo schools that
made ``adequate yearly progress'' (AYP) increased from 29 percent to 55
percent. Because this approach improved outcomes for students attending
BIE operated Navajo schools, the Department seeks to apply this
approach to the entire BIE school system. A key part of the
restructuring will be clarifying the roles of everyone involved in
delivering a world-class education to students. The proposed changes
will result in better support to each tribe so it is better able to
address student outcomes. These changes in the field will be supported
by clearer central accountability through the Chief Academic Officer
and the Chief Performance Officer who will be dedicated to the
improvement of educational performance and operations.
Reorganization
Question 4. Regarding the overall structural reforms, I have heard
concerns that tribes in Idaho and in neighboring states have been
assigned to an Associate Deputy Director based out of Minneapolis,
Minnesota. Previously, Idaho tribes had agency resources closer to home
at an office in Montana. How does moving resources further away from
tribes the agency serves help BIE students?
Answer. We considered two major factors in planning the 15
Education Resource Centers (ERCs): (1) proximity to schools served, and
(2) needs of the schools. Proximity was based on the school's distance
to the ERCs, the number of students per school, and the number of
schools per ERC. At that time, school needs included their adequate
yearly progress \1\ (AYP status, special education, and other student
data, and distance from other schools and the number of tribes per ERC.
The reorganization supports a ratio of ERC staff to BIE-funded schools
as follows: (1) Associate Deputy Director (ADD)-Bureau Operated
Schools; one Full Time Employee (FTE) to one school; (2) ADD Tribally
Controlled Schools: one FTE to one school; and (3) ADD Navajo Schools:
one FTE to three schools. The reorganization will locate several ERCs
in new locations closer to schools to more effectively serve all BIE
students. The ERCs will be staffed by employees who are currently in
Albuquerque. The focus of reform is looking at the total BIE structure
being closer to the schools and not just a line office with no
services.
---------------------------------------------------------------------------
\1\ The term, adequate yearly progress was deleted by P.L. 114-95,
the Every Student Succeeds Act, signed into law, December 10, 2015.
---------------------------------------------------------------------------
______
Response to Written Questions Submitted by Hon. Tom Udall to
Charles ``Monty'' Roessel
Question 1. I understand that the Navajo Nation is interested in
being a Tribal Education Agency for the entire Nation. Wouldn't this
result in some of the Navajo autonomous school boards losing their
autonomy?
Answer. The United States has a government-to-government
relationship with the Navajo Nation and a deep respect for principles
of tribal self-governance. In Part B of Title XI of the Education
Amendments of 1978 (25 U.S.C. 2001 et seq.), the various legislative
and technical amendments since 1978, and the annual appropriations
process, Congress has repeatedly stated that it is the policy of the
United States to fulfill the Federal Government's unique and continuing
trust relationship with, and responsibility to, the Indian people for
the education of Indian children and for the operation and financial
support of the Bureau of Indian Affairs-funded school system to work in
full cooperation with tribes. Tribal nations and the United States
share the same goal: to provide education of the highest quality and
provide for the basic elementary and secondary educational needs of
Indian children, including meeting the unique educational and cultural
needs of those children.
The tribally operated schools on the Navajo Reservation operate as
autonomous schools only by authorization of the Navajo Nation. The
Navajo Nation has the authority, under existing tribal legislation, to
withdraw the authorization, and through the tribal authority provided
through Part B of Title XI of the Education Amendments of 1978 (25
U.S.C. 2001 et seq.), as amended. The Navajo Nation, in its
interactions with individual schools, must consider the well-being of
all its students and community members, particularly when the
autonomous school boards are not providing the sound governance
required for a school to be a success, and are not providing the high-
quality academic programs and services that students need to be
successful in the 21st century.
The enactment and implementation of Title V of Public Law 100-297
in 1988 was an important milestone in the tribal control of Bureau-
funded schools. But the success of the schools controlled by tribal
organizations has been limited and has not met the full expectations of
both Public Law 93-638, the Indian Self-Determination and Education
Assistance Act, which allows a tribe to perform federal functions under
contract to the Federal Government and receive funding for that role,
and Public Law 100-297, the Tribally Controlled Grant Schools Act,
which allows a tribe to take over the responsibilities for the
operation of a school under what is called a P.L. 100-297 grant. Many
tribes have limited input in the operation and control of their schools
after they approve a tribal organization, independent of the tribe, to
operate a school. One outcome is that tribal organizations have not
coordinated well with neighboring schools on standards, procedures,
policies, curricula, and instructional programs. Lack of coordination
produces inequities and has a negative impact on students who may move
between schools during the academic year.
We defer to the Navajo Nation on the organization of education on
the Navajo Reservation. That said, we seek to provide options to tribal
nations to improve education. The desire of the Navajo Nation, as well
as other tribes, to function as a Tribal Education Department is an
important step in the Navajo Nation assuming greater control of the 66
Bureau-funded schools on or near the Navajo Reservation. The Navajo
Nation is exploring various options to strengthen oversight,
governance, and control of its schools. Although the final decision has
not been made by the Navajo Nation on the oversight, governance, and
control of its schools, the Bureau is comfortable with, and will
support, the Navajo Nation's decision based on the stated policy of the
Education Amendments of 1978, as amended.
The Bureau believes that greater coordination in the operation of
its schools will strengthen the capacity of tribes to operate education
programs and high-performing schools. It will also improve student
performance, improve the quality of the instructional program, and
develop an education system with uniform standards, policies, and
procedures that better meet the needs of students and tribal
communities. Tribal control of schools will allow tribes to implement
innovative programs and curricula for their students, including an
emphasis on their history, language, and culture. As a result, tribal
communities are likely to be more invested in their schools.
Question 1a. How will BIE manage this conflict as you make
decisions on how to move forward with the proposed reorganization?
Answer. The future of Navajo education is a matter for the Navajo
Nation to decide. The United States has not had a good historical
record when it has used paternalistic approaches directed by federal
entities, whether Congress or the Executive Branch. The question of how
the Navajo Nation will operate its school system should be debated
within the Navajo Nation. The BIE's role is to support whatever
decision is made by the tribal government, provided that it is
consistent with the law. The BIE Director and his senior managers
hosted a tribal consultation session on April 27, 2015, which was open
to the public, and have had formal and informal meetings, seven
stakeholder conference calls, and eight webinars to provide information
to the Navajo Nation, tribal and education department leaders,
community members, and both tribally operated and BIE school board
members and school staff. These activities were to collect information
and input on the restructuring of BIE, including the feasibility of
tribes operating all of the Bureau-funded schools on their
reservations, and the strengthening of tribal departments of education.
Through these efforts, the BIE has sought to become more supportive of
educational endeavors on the Navajo Reservation.
In addition, BIE has provided the Navajo Nation $400,000 through a
feasibility grant and a ``Sovereignty in Indian Education'' (SIE)
Enhancement initiative. These funds allowed the Navajo Nation to hold
numerous listening sessions with school boards, school staff, and
community members to determine the feasibility of operating the Navajo
Bureau-funded schools, and other considerations to strengthen the
Navajo Nation Department of Education and update tribal education
codes, policies, and procedures.
Question 1b. Do you have an opinion from the Department's
Solicitor's office on the authority of the BIE to enter into its
current restructuring? Is there any conflict between PL-297 and the
proposed changes to increase tribal authority?
Answer. The answer to the first question is ``yes.'' The
Department's Office of the Solicitor has reviewed the restructuring
proposal and opined that the Tribally Controlled Schools Act does not
prevent the restructuring. The Act envisions tribal governments as
authorizing bodies and informed partners in the management of tribally
controlled schools when not directly operating tribal schools
themselves. The answer to the second question is ``no.''
The Solicitor's office has been actively involved with BIE's
restructuring planning and implementation process, and with BIE's
outreach to tribes to discuss the restructuring of the Bureau,
including the transformation of the BIE from a direct service provider
and school operator to a technical assistance provider to tribally
operated schools.
Question 2. I have great respect for the tradition of Tribal
Consultation, and its importance for respecting tribal sovereignty. I
understand you are using a range of tools to garner reaction from
tribes for the BIE reorganization plan.What changes have you made to
the proposed reorganization plan based on consultation received from
tribal leaders?
Answer. Both the development and implementation of the BIE
reorganization have evolved as tribal consultation has proceeded. In
response to concerns in the Great Plains, for example, the
reorganization was modified to establish an Education Resource Center
(ERC) in Kyle, South Dakota and create an Education Program
Administrator at Pine Ridge to oversee Cheyenne Eagle Butte, Flandreau,
and Pine Ridge schools. In several areas, a smaller-scale support
center was included as part of the proposed reorganization plan. An
additional change came following input from the tribes in Oklahoma
during the tribal consultation sessions in April and May of 2014.
In addition, during the tribal consultations, we heard that most of
the tribal nations in Oklahoma are interested in programs supporting
Native youth attending public schools (there are only three BIE-funded
schools in that state). Because of this concern, we have proposed to
transform the only regional office in Oklahoma to a national ``Johnson
O'Malley (JOM) Center.'' The new JOM Center will provide support and
technical assistance to all tribes receiving JOM funds.
Question 2a. My constituents tell me they want to hear more about
how the BIE expects this new reorganization ``to be better able to
provide more resources and support to Indian students at the local
level.'' How will you be doing that?
Answer. Our reorganization is designed with the best interests of
the student and the success of their schools in mind. The 15 Education
Resource Centers (ERCs) will address a key recommendation of the
Blueprint for Reform to provide improved technical assistance and more
comprehensive services to schools. The ERCs will be geographically
positioned close to schools and staffed with School Solutions Teams to
provide customized support to meet the unique needs of each school.
Instead of issuing mandates to schools, these teams will ensure that
principals and teachers have the resources and support they need to
operate high achieving schools. The ERCs will leverage expertise from
other parts of the organization, including school operations, to offer
a variety of technical skill supports in the field. With support from
BIE Education Program Enhancement funds, the ERCs will assist schools
in their improvement efforts by making available to schools data-
supported ``best practice'' models in professional development,
curriculum development, instruction, intervention strategies, school
leadership, and tribal education support.
Question 2b. I understand that part of the proposed restructuring
will be the closing of line offices. How have all tribes been notified
of these closures?
Answer. The BIE is transforming the current 22 Education Line
Offices reporting to the Associate Deputy Directors into 15 Education
Resource Centers (ERCs), four facility support centers, three technical
support centers, and one National Johnson O'Malley Center. The ERCs
address a key recommendation of the Blueprint for Reform to provide
improved technical assistance and more comprehensive services to
schools. The ERCs will be geographically positioned close to schools
and staffed with School Solutions Teams to provide customized support
to meet the unique needs of each school. Instead of issuing mandates to
schools, these teams will ensure that principals and teachers possess
the resources and support they need to operate high achieving schools.
The ERCs will leverage expertise from other parts of the organization,
including school operations, to offer a variety of technical skill
supports in the field. With support from BIE Education Program
Enhancement funds, the ERCs will assist schools in their improvement
efforts by making available to schools data-supported ``best practice''
models in professional development, curriculum development,
instruction, intervention strategies, school leadership, and tribal
education support.Information on the transformation is shared during
Tribal Consultation meetings, during monthly stakeholder calls, through
webinars in partnership with the National Indian Education Association
and the National Congress of American Indians, and through individual
meetings with tribal leaders, tribal councils and tribal community
members. Information on these consultation sessions can be found at the
following link on the bie.edu website: http://www.bie.edu/cs/groups/
xbie/documents/document/idc1-031687.pdf.
Question 3. Understandably, tribes are concerned about the
financial impact of operating schools previously run by the BIE.
Currently, what are the per pupil costs at BIE operated and BIE grant
schools, and what is the breakdown of contributing factors for those
costs?
Answer. The BIE does not have access to cost information from all
schools. However, most BIE-appropriated and Department of Education
funds received by the BIE are distributed to BIE-funded schools by
formulas based on student count variables or characteristics of each
school. For School Year 2015-2016, the average Indian School
Equalization Program (ISEP) funding was $9,280 per student; the average
BIE-appropriated dollars per student, including ISEP, was $15,386; and
the average for all funds was $20,153. The $20,153 per student was not
adjusted for the funding generated by the residential students.
Question 3a. When tribes agree to take control of their schools now
run by BIE, how can they compensate for the lack of resources and
staff, insufficient infrastructure (buildings, technology, and
broadband) and needed wraparound services to achieve academic
excellence?
Answer. Since most BIE-appropriated and Department of Education
funds received by the BIE are distributed to BIE-funded schools by
formulas based on student count variables or characteristics of each
individual school, individual schools would receive the same dollar
amount per program regardless of whether they were BIE-operated or
tribally operated. In either case, the school determines the number and
type of staff needed based on available funds. When a school transfers
from BIE-operated to tribally operated, the school receives the same
dollar amount for facilities, operations, and maintenance, and has the
same eligibility for facilities repair funds. However, a school gains
more flexibility and will be more accountable to the community, giving
the school the opportunity to better serve the community.
BIE funds the broadcast and Internet broadband for all of its
schools from funds appropriated for Education Information Technology
(IT) services, and the broadband at individual schools expands as
school needs change and funds become available. The funding increase
provided in FY 2016 will increase the broadband and hardware to better
meet the needs for 21st century schools, especially in remote locations
where broadband access benefits are not available to the local
community except at BIE-funded schools.
The BIE will continue to work with other Federal, State, and
private agencies to establish wraparound services at all BIE-funded
schools. BIE continues to work with the Indian Health Service to
increase the availability of health care services at or near BIE-funded
schools.
Question 3b. What resources will BIE make available to them, and
will it be sufficient and sustainable?
Answer. BIE routinely provides technical assistance as tribes seek
to convert to tribal control. Moreover, the BIE Sovereignty in Indian
Education (SIE) Enhancement Initiative and the Tribal Education
Department (TED) grants provide funding to build the capacity of Tribal
Education Departments. On August 5, 2014, the BIE awarded $1 million to
five tribes under the SIE: Gila River Indian Community, Navajo Nation,
Tohono O'odham Nation, Standing Rock Sioux Tribe, and the Turtle
Mountain Band of Chippewa Indians. In November 2015, the BIE awarded
ten tribes under the TED Grant: Pueblo of Acoma, Santa Clara Pueblo,
Navajo Nation, Hopi Tribe, Rosebud Sioux Tribe, Standing Rock Sioux
Tribe, Mississippi Band of Choctaw Indians, Sault Ste. Marie Tribe of
Chippewa Indians, Muscogee Creek Nation Tribe, and Leech Lake Band of
Ojibwe. These funds are intended to support tribes to build the
capacity of their educational departments. The Oglala Sioux Tribe opted
not to accept the SIE awards and were provided a full year to resubmit
a new budget narrative. Unfortunately, the Tribe never resubmitted and
funds were reallocated to fund technical assistance programs for
Education Line Offices being contracted by five tribes. These grants
were announced for second-year funding in August 2015.
In addition to providing grants to tribes, the BIE is taking the
necessary steps to ensure that employees are trained in how to provide
technical assistance. BIE is working across the agency to ensure that
BIE will be a capacity-builder and service-provider to tribes. Monthly
BIE calls provide an opportunity for updates with stakeholders and
offer an open forum for questions and answers. There are also BIE
training webinars announced by newsletter and mass emails through
standard BIE communications protocols.
Question 4. What is the risk of New Mexico staff losing their jobs
if they are not able to relocate or retrain for the new roles?
Answer. Employees are the lifeblood of any institution. It is BIE's
intention to work with current employees to ensure that they have a
place within the new BIE. Every effort will be made to ensure a smooth
transition. The BIE has sought to provide all BIE staff with webinars
on developing resumes and a walkthrough of how to apply for positions
on USA Jobs, which are specific to job announcements. In addition, job
announcements are shared across the BIE, and managers are encouraged to
share the job listings with staff. New positions are being advertised
and individuals are encouraged to submit applications for these
positions. Training and professional development go hand in hand in the
BIE and employees will be provided necessary training through webinars.
Question 4a. If fully implemented, is it true that Albuquerque
would be at risk for losing 35 jobs?
Answer. No. Currently, the Albuquerque Regional Office supports a
staffing level of 44 positions and includes the following functions:
(1) Associate Deputy Director West; (2) Albuquerque Education Line
Office; (3) Division of Performance and Accountability; and (4) School
Operations staff.
Under the proposed reorganization, the Albuquerque regional office
will undergo several changes, but it will continue to support 44
positions, covering a variety of important functions:
1. An Office of the Associate Deputy Director for BIE-Operated
Schools and an Education Resource Center (ERC) reporting to the
Associate Deputy Director;
2. An Office of the Associate Deputy Director for Tribally
Controlled Schools (3 positions) and an ERC reporting to the
ADD; and
3. Staff supporting the Division of School Operations.
The most significant change will be within the Division of
Performance and Accountability (DPA), for which the following changes
are proposed:
1. The reassignment of the Associate Deputy Director for DPA
to Washington, DC;
2. The reassignment of a majority of the DPA staff to ERCs
around the country; and
3. The reassignment of DPA's data unit to Washington, DC.
Question 4b. What is the potential economic impact to New Mexico of
fully implementing the proposed BIE reorganization plan?
Answer. The number of federal jobs will remain the same and we
anticipate that Indian education in New Mexico will improve. This will
produce a more successful workforce in the State. While we cannot
quantify with certainty the overall economic impact, we believe that it
will be positive.
Question 5. Thank you for your assistance with getting the Pine
Hill Elementary School (Bldg. 803) prepared for occupancy. I understand
that significant problems on the campus remain, including connecting
all of the buildings to the fire alarm system and fencing the campus to
protect it from uninvited guests. Do I have your commitment that BIE
will continue to work with the Pine Hill schools to address the
security and life safety features needed to create the appropriate
learning environment for the students and staff?
Answer. The Bureau of Indian Affairs Southwest Region Facilities
Manager confirmed that building 803 and the campus-wide fire alarm
system are complete. Yes, we are committed to working with the Ramah
community in addressing other identified security and life-safety
issues.
______
Response to Written Questions Submitted by Hon. Al Franken to
Charles ``Monty'' Roessel
Question 1. From 2007 to 2012, the Mille Lacs Band of Ojibwe
operated its Pine Grove School as a charter school, but then outside
assistance for the school ended. Without Pine Grove, children in the
Band's Lake Lena community must be bused to the Band's Nay Ah Shing
School 80 miles away or lose access to culturally appropriate
education.
Last year's appropriations bill included language allowing BIE to
waive the prohibition on funding satellite schools in limited
circumstances. The Band has requested such a waiver so it can reopen
Pine Grove as a satellite of the BIE-supported Nay Ah Shing School. And
the Band would like to see this waiver approved in time for about two
dozen kids in Lake Lena to start classes at Pine Grove in the 2015-2016
school year.
Can you assure me that BIE will review the Mille Lacs Band's waiver
request in a timely manner?
Answer. The BIE director traveled to meet with Mille Lacs Band of
Ojibwe Indians Chief Executive Melanie Benjamin and agreed to the new
satellite school. The BIE has worked with Pine Grove to identify
students who are eligible for the Indian School Equalization Program
(ISEP) funding but, as of this writing, the students listed by Pine
Grove do not meet the ISEP eligibility requirements and are not
eligible for ISEP funds. The BIE continues to work with Pine Grove to
identify eligible students who will generate funds for Nay Ah Shing to
provide education services to the Pine Grove students.
[all]