[Senate Hearing 116-357]
[From the U.S. Government Publishing Office]
S. Hrg. 116-357
PREPARING TO HEAD BACK TO CLASS:
ADDRESSING HOW TO SAFELY REOPEN
BUREAU OF INDIAN EDUCATION SCHOOLS
=======================================================================
HEARING
before the
COMMITTEE ON INDIAN AFFAIRS
UNITED STATES SENATE
ONE HUNDRED SIXTEENTH CONGRESS
SECOND SESSION
__________
JULY 29, 2020
__________
Printed for the use of the Committee on Indian Affairs
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
U.S. GOVERNMENT PUBLISHING OFFICE
42-457 PDF WASHINGTON : 2021
COMMITTEE ON INDIAN AFFAIRS
JOHN HOEVEN, North Dakota, Chairman
TOM UDALL, New Mexico, Vice Chairman
JOHN BARRASSO, Wyoming MARIA CANTWELL, Washington
LISA MURKOWSKI, Alaska JON TESTER, Montana,
JAMES LANKFORD, Oklahoma BRIAN SCHATZ, Hawaii
STEVE DAINES, Montana CATHERINE CORTEZ MASTO, Nevada
MARTHA McSALLY, Arizona TINA SMITH, Minnesota
JERRY MORAN, Kansas
T. Michael Andrews, Majority Staff Director and Chief Counsel
Jennifer Romero, Minority Staff Director and Chief Counsel
C O N T E N T S
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Page
Hearing held on July 29, 2020.................................... 1
Statement of Senator Cortez Masto................................ 11
Statement of Senator Hoeven...................................... 1
Statement of Senator Udall....................................... 2
Witnesses
Dearman, Tony L., Director, Bureau of Indian Education, U.S.
Department of the Interior..................................... 3
Prepared statement........................................... 5
Hinds, Marita, President, National Indian Education Association.. 13
Prepared statement........................................... 15
Yarlott, Jr., Dr. David, Chair, American Indian Higher Education
Consortium Board of Directors; President, Little Big Horn
College........................................................ 17
Prepared statement........................................... 19
Appendix
Allis, Kevin J., CEO, National Congress of American Indians,
prepared statement............................................. 35
Etcitty, Jordan, Executive Director, Dine Bi Oita School Board
Association, Inc., prepared statement.......................... 37
Response to written questions submitted by Hon. Tom Udall to
Marita Hinds................................................... 38
PREPARING TO HEAD BACK TO CLASS:
ADDRESSING HOW TO SAFELY REOPEN
BUREAU OF INDIAN EDUCATION SCHOOLS
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WEDNESDAY, JULY 29, 2020
U.S. Senate,
Committee on Indian Affairs,
Washington, DC.
The Committee met, pursuant to notice, at 3:48 p.m. in room
628, Dirksen Senate Office Building, Hon. John Hoeven,
Chairman of the Committee, presiding.
OPENING STATEMENT OF HON. JOHN HOEVEN,
U.S. SENATOR FROM NORTH DAKOTA
The Chairman. Good afternoon. We will call this hearing to
order.
Before we go on, I want to remind those members who are
connecting with us remotely to mute your microphone. This will
cut down on the static feedback in the hearing room.
Today, the Committee will receive testimony from the
Director of the Bureau of Indian Education and two tribal
organization witnesses on preparing to head back to class,
addressing how to safely reopen Bureau of Indian Education
Schools.
The Federal Government has a treaty and trust
responsibility to deliver quality education to Native students.
Most of this education is delivered by the Bureau of Indian
Education at the Department of the Interior. BIE oversees 183
elementary and secondary schools, and operates two post-
secondary schools. These schools are located on or near 63
Indian reservations in 23 States with approximately 48,000
students enrolled in BIE schools.
Fifty-five schools are operated directly by the BIE. In
addition, there are two BIE-operated colleges located in Kansas
and New Mexico. In my home State of North Dakota, there are 11
BIE funded schools.
We are approaching the time of year when students across
the Country usually return to school. However, this year,
unlike years past, bring a new dynamic in the mix with the
COVID-19 pandemic. The Centers for Disease Control and
Prevention states that American Indians and Alaska Natives are
a racial and ethnic minority group that are at increased risk
of contract COVID-19 or experiencing severe illness. Because of
these high rates, Native communities have taken much-needed
measures to protect their people.
Most BIE schools have been closed since March. Since then,
Congress passed the CARES Act, which appropriated $69 million
for the Bureau of Indian Education. Through the U.S. Department
of Education an additional $153 million was sent to the BIE for
mitigating and addressing COVID-19. These funds were also
distributed to tribal colleges and universities. In total for
fiscal year 2020, Congress has appropriated $1.9 billion for
the operation of BIE schools.
The BIE has at least four ongoing consultations on spending
the money from the CARES Act and reopening schools. I am
curious to see how those consultations are going. I hope
today's hearing can better guide BIE, its tribally-controlled
schools and tribal colleges and universities in moving forward
to safely reopen schools.
I look forward to hearing from the Administration on what
this plan looks like. I want to thank Director Dearman for
appearing today in front of our Committee.
Before we hear from our witnesses, I want to turn to Vice
Chairman Udall for his opening statement.
STATEMENT OF HON. TOM UDALL,
U.S. SENATOR FROM NEW MEXICO
Senator Udall. Thank you, Chairman Hoeven, for calling
today's hearing.
As this Committee knows all too well, the education of
Native children has a deeply flawed history in our Country. So
whenever we start a discussion about Native education, I am
first and foremost inspired by all that Native youth and
teachers have been able to accomplish against all the odds.
Their resiliency, tenacity, and dedication to their people is
wholly inspiring, and should serve as an example to Congress
and to this Administration. We must meet their resolve with our
own, especially as we continue to battle COVID-19 on every
front in our communities, including our schools.
When I look at the state of Federal COVID response for
schools in Indian Country, I am left with an overwhelming
feeling that we have fallen far short. Congressional foot-
dragging on COVID-19 relief negotiations has left Bureau of
Indian Education schools and tribal colleges and universities
without the funding they need to prepare for the upcoming
school year. It is our fiduciary charge, our trust
responsibility, to make sure that these schools either have the
resources they need to safely reopen their campuses or to offer
meaningful distance learning opportunities. It is
unconscionable that political fights, not policy needs, are
driving the COVID relief response.
As for the Administration, I would describe its efforts as
woefully inadequate at best, and dangerously irresponsible at
worst. Just one example: BIE's delay in issuing critical school
closure guidance and inability to monitor the safety of campus
shutdowns reportedly has serious consequences. News
investigations have linked BIE's response delay to community
spread of the virus on the Navajo Nation, even to the death of
some BIE staff. OSHA is now looking into the matter.
Once all the BIE school campuses closed, my office began
asking the Administration a very simple but very important
question: are BIE students receiving any form of instruction
during this pandemic? When my staff couldn't get an answer, I
sent a letter to Secretary Bernhardt and Secretary DeVos on
June 8th. I have yet to receive a response from either
department. More than four months after the closures, it sounds
like BIE still doesn't have the answer.
During this same period, the Administration was slow
responding to educational waiver requests from tribes. It also
took its time releasing CARES Act funding to BIE schools and
TCUs, taking over three months to get these funds out the door,
leaving tribal colleges and schools without access to Federal
COVID-19 relief resources.
The delays are seemingly endless, and they have a real
impact on whether these schools will be ready for the coming
school year. Now, just days away from the start of the school
year, I understand that BIE has yet to finalize its reopening
guidance, conduct COVID-19 facility needs assessments, or
figure out how to start closing the digital divide. Tribes,
families, and school staff have been left to navigate these
uncharted waters alone. When combined with the fact that the
BIE has dodged this Committee's repeated briefing requests, I
am left wondering what exactly has the department and the
bureau been doing this last few months. It is shameful.
Mr. Dearman, I know you can agree this failure cannot
continue. BIE must do better.
Before I wrap up, I want to extend a special welcome to our
witness from the National Indian Education Association, Marita
Hinds, who is a member of the Tesuque Pueblo in my home State
of New Mexico. Marita is a graduate of the Institute of
American Indian Arts, has worked in both K through 12 and
higher education, is dedicated to advancing Native education
opportunities for her tribe and all of Indian Country. I am
thankful she is able to join us for this important discussion
today.
Thank you again, Mr. Chairman.
The Chairman. Thank you, Vice Chairman Udall.
With that, we will turn to Director Dearman for his
remarks.
STATEMENT OF TONY L. DEARMAN, DIRECTOR, BUREAU OF INDIAN
EDUCATION, U.S. DEPARTMENT OF THE INTERIOR
Mr. Dearman. Good afternoon, Chairman Hoeven, Vice Chairman
Udall, and members of the Committee. Thank you for the
invitation to appear again on behalf of the Bureau of Indian
Education) to discuss the challenges we are addressing as we
work to safely reopen schools for students and staff.
As a teacher and former BIA school principal, spring is
normally a time for celebration when we join together to honor
the academic successes of our students through award ceremonies
and graduations. Unfortunately, this year has been different
for so many Indian students and families across the Country.
As a father, I virtually watched my daughter, a senior co-
valedictorian at BIE's Riverside Indian School deliver her
graduation speech remotely. The moment she worked so hard to
achieve went from being held among her peers to being telecast
by video.
Our personal situation is nothing compared to those
students and families who have lost loved ones during this
pandemic, but my daughter's graduation is similar to so many
experienced by students across the Country this year. Indian
Affairs and BIE staff across the Country understand the
hardships caused by COVID-19. Our staff are collectively
dedicated to ensuring that students return to a safe scholastic
environment as possible when schools reopen this fall.
But as you know, there is nothing normal about these times.
After the end of our tribal consultation period, which closes
today, BIE will provide formal recommendations and guidance
regarding reopening, once we have evaluated the comments
received.
Also, know that BIE's dedicated staff are already actively
working with their schools, communities, States, and tribal
leaders to better understand school level needs to help us
achieve the goal for on-site, in-person learning. As BIE
supports school site reopening, we are using the lessons
learned in the spring to improve our coordination and
communication this fall.
BIE leadership has instituted a school reopening task
force, led by our chief academic office. This group of
education experts is working with tribes and schools to assist
in establishing individual reopening plans that incorporate the
latest guidance from the CDC and the Department of Education.
They are also reviewing best practices and discussing with
States and the Department of Defense school system to ensure a
safe reopening for students and staff.
Additionally, due to the importance of our students' mental
health needs, the BIE has worked quickly to provide mental
health support. In partnership with the National Indian
Education Association, BIE held webinars regarding self-care
and wellness to address the impacts of trauma.
We also certified more than 300 BIE staff who obtained
certificates in youth mental health first aid, and we are
providing additional time for professional development at the
school level.
The BIE is also working with the Indian Affairs partners to
address the many IT needs of schools. BIE coordination with
Indian Affairs is implementing a pilot program to turn school
buses into mobile hot spots to help our students and
communities with connectivity. We are also working with our
schools to determine their connectivity needs and address
technology gaps before the start of the school year.
Finally, the BIE is assisting schools in preparing their
CARES Act funding spend plans to address local challenges and
needs. As part of this process, the BIE school operation
division will monitor CARES Act funding to ensure schools have
the funds needed to support their students as we work to
reopen.
The BIE, just like the Department of Defense and State
school systems will face ever-changing circumstances once
school begins. The BIE is prepared to rotate between on-site
and distance learning models if COVID-19 spikes occur, but our
goal remains on-site, in-person learning.
In anticipation of the coming challenges in the fall, the
BIE is working closely with our schools to maximize purchasing
power and government contracts to ensure they have the IT
equipment necessary to help their students achieve
academically.
Chairman Hoeven, Vice Chairman Udall, and members of the
Committee, thank you for the opportunity to present testimony
today to provide the Committee an update regarding our work to
ensure a safe return for our students and staff.
For more information, I hope stakeholders will visit the
Indian Affairs COVID-19 web page, which has the latest
information regarding BIE reopening.
Thank you for your time, and I would be honored to answer
any questions you may have.
[The prepared statement of Mr. Dearman follows:]
Prepared Statement of Tony L. Dearman, Director, Bureau of Indian
Education, U.S. Department of the Interior
Good afternoon Chairman Hoeven, Vice Chairman Udall, and Members of
the Committee. Thank you for the invitation to appear again on behalf
of the Bureau of Indian Education (BIE). This is a challenging time for
schools and students across the country and BIE schools face additional
hurdles due to their geographically isolated locations, aging
infrastructure and well documented systemic challenges. As such, I am
glad to be here today to discuss safely reopening BIE schools.
Introduction
As an educator and former BIE school administrator, spring is
normally a time for celebration where we collectively join to honor the
academic successes of our students through award ceremonies and
graduations. Unfortunately, this year has been different for so many
Indian students and families across the country.
As a father, I virtually watched my daughter, a senior and co-
valedictorian at Riverside Indian School--an off-reservation BIE
boarding school, deliver her graduation speech remotely. The moment she
worked so hard to achieve went from being held among her peers to being
a telecast by video. Our personal situation is nothing compared to
those students and families who have lost loved ones during this
pandemic, but my daughter's graduation is similar to so many
experienced by students across the country.
It's important to understand that Indian Affairs and BIE
leadership, career and school staff across the country understand the
hardships caused by Coronavirus Disease 2019 (COVID-19) and are
dedicating ourselves each day to ensure students have as normal a
scholastic environment as possible when schools reopen this fall.
However, as you know, there is nothing normal about these times. BIE
staff across the organization are actively working with their schools,
communities, states and tribal leaders to better understand school
level needs.
BIE School Site Closures
As the COVID-19 pandemic spread, BIE and Indian Affairs worked
directly with tribes and school leaders to close all BIE school sites
as expeditiously and safely as possible. Overnight BIE worked to ensure
students were provided academic services via distance learning options
and ensured critical services, such as school lunches, were provided in
a safe environment. When tribes requested additional support like at
Navajo Nation, BIE worked with its partners across Indian Affairs to
directly provide specific guidance that addressed the requests of the
tribe and needs of the local communities. We did this collectively to
protect our students, educators, staff and communities during the
quickly changing COVID-19 environment.
As part of the site closure work in the spring, BIE used its
emergency management (EM) team and its dedicated roles and
responsibilities to ensure support to schools and that any mitigation
needs were addressed. Utilizing the BIE chain of command, the EM team
and support staff from BIE's School Operations Division provided
dedicated support to schools and is prepared to continue such support
in the fall. BIE leadership communicated specific points of contact for
the field to improve BIE support to schools, such as providing
additional personal protective equipment or mitigation services for a
possible case of COVID-19.
Funding to Support BIE Schools
In addition to the work described, Congress appropriated
approximately $69 million in the Coronavirus Aid, Relief, and Economic
Security Act (CARES Act) to the BIE (DOI CARES funding). Within the $69
million, $22.9 million was identified for direct distribution to Tribal
Colleges and Universities (TCUs) and the remaining $46.1 million was
distributed to BIE schools in accordance with a comprehensive spending
plan. The BIE was also separately apportioned approximately $153.75
million from the Department of Education's Education Stabilization Fund
(ED CARES funding).
As BIE-funded schools prepare to safely reopen across the country,
DOI CARES funding has targeted immediate student needs related to
mental health and safety, staff training, and information technology
(IT) investments. The identified goals of the $69 million in DOI CARES
funding are distinct but complimentary to the $153.75 million in ED
CARES funding.
Specifically, the DOI CARES funding equips individual schools with
the necessary resources to provide customized solutions to locality-
specific reopening challenges. For example, in locations where a school
has been affected by COVID-19 related deaths, the DOI CARES funding
will equip school leaders with the ability to provide returning
students critical mental health support through contract services. In
contrast, based on the acceptable use of funds, the ED CARES funding
has been designated to provide schools the ability to plan for and
address mid-to-long-term challenges in providing continuation of
instruction, such as gaps in IT infrastructure.
Because each BIE-funded school faces unique COVID-19 related
challenges, and pursuant to current ED guidelines for ED CARES funding,
specific percentages of expenditure in each of the categories outlined
below will vary by school location. Providing schools with this
flexibility to match funding to the immediate reopening needs of each
school is critical in ensuring schools expedite a return to normal
operations.
After jointly conducting tribal listening sessions with the
Department of Education, BIE developed an allocation plan for the ED
CARES funds. As per the allocation plan, funds have been distributed to
the local level. Specifically, this allocation plan provided
$107,625,000 directly to BIE funded K-12 schools and dormitories,
$30,750,000 to TCUs, and BIE retained ten percent or $15,375,000 for
system-wide allocations to help the immediate needs of field staff and
BIE-funded school officials.
The system-wide allocations include:
$5 million to upgrade five schools to 100Mbps Internet
speed. The five schools identified for this funding are the
remaining BIE-funded schools on the Education Native American
Network that do not currently possess the Federal
Communications Commission's recommended 100Mbps speed. Any
unspent funds will be used to procure hotspots and other IT
infrastructure to enhance students' access to broadband;
$8 million for direct mental and behavioral health support
for BIE-funded schools; and
$2.3 million to address unforeseen health and safety
challenges over the course of the 2020-2021 school year.
2020-2021 School Year Reopening Planning
As BIE supports school site reopening, we will utilize the
protocols and processes implemented from lessons learned in the spring
to ensure timely and effective services to schools this fall. BIE
leadership has also instituted a School Reopening Task Force (Task
Force) comprised of members from BIE's Associate Deputy Directors
divisions, Division for Performance and Accountability, and is led by
the Chief Academic Office. The Task Force is working through the
consultation process this summer to inform stakeholders and gather
recommendations for reopening and will work with schools to help them
develop individual school reopening plans to prepare for the 2020-2021
school year.
Through BIE school reopening consultations held on July 9, 10, and
14, 2020, with tribal leaders and education stakeholders, BIE is
actively working with Indian Country to garner input to strengthen
formal guidance for assisting schools as they work to reopen safely.
Further, BIE is partnering with states with high Native populations
through our ED-funded comprehensive center to exchange best practices
for school reopening. BIE's reopen guidance also utilizes guidelines
from the Centers for Disease Control and Prevention to provide high-
level recommendations to our schools while highlighting the continued
need for our schools to coordinate and consult with their local Indian
tribes and communities they serve, public health officials, and the
states in which they are located prior to reopening.
Trauma and Student Mental Health Needs
BIE is dedicated to ensuring that returning students and staff are
supported during these difficult times. The mission of the BIE
prioritizes the creation of positive, safe, and culturally relevant
learning environments where students gain the knowledge, skills, and
behaviors necessary for physical, mental, and emotional well-being. Due
to the importance of our students' mental health needs, BIE established
a goal under its five-year Strategic Direction that specifically
focuses on the areas of wellness, behavioral health, and physical
health and safety for all students in bureau-funded schools. This goal
includes several action items recommended through tribal consultation
that specifically focuses on bolstering trauma-informed teaching
practices, curricula, and professional development.
Additionally, at the onset of the COVID-19 pandemic, BIE worked
quickly to provide professional development opportunities for our
diverse staff across the country. Through a partnership with the
National Indian Education Association, BIE staff collaborated on a
webinar series designed for teachers, residential staff, and school
administrators that focused on the principles of self-care and
wellness. The course also recognized the impacts of trauma and stress
and offered participants skills in learning how to use various tools
and coping strategies.
Further, BIE has certified more than 300 staff members in Youth
Mental Health First Aid (YMHFA) to improve local support. YMHFA is an
eight hour public education program that introduces participants to the
unique risk factors and warning signs of mental health problems in
adolescents, builds understanding of the importance of early
intervention, and teaches individuals how to help an adolescent in
crisis or experiencing a mental health challenge. YMHFA uses role-
playing and simulations to demonstrate how to assess a mental health
crisis; select interventions and provide initial help; and connect
young people to professional, peer, social, and self-help care.
IT Infrastructure
One innovative approach BIE is taking to increase Internet access
is through a pilot program to turn school buses into mobile hot spots
for our students and communities' needs. At the direction of the
Assistant Secretary for Indian Affairs, BIE identified the 25 longest
bus routes for initial installation under a pilot program. During this
unique time, leadership anticipates parking the Wi-Fi enabled buses
within tribal housing communities to serve as hotspots that can improve
localized Internet access for students and families. This project is
scalable, and BIE hopes to expand the pilot to improve Wi-Fi
accessibility for more students and tribal communities in the future.
Finally, DOI and ED CARES funding spend plans have been requested
from Tribally controlled schools by July 31 to assist with ensuring the
effective use of funds locally. Schools will submit individual spend
plans in the BIE Native Star System, which is a BIE school's document
repository system. This process will allow the BIE School Operations
Division to monitor CARES Act funding expenditures at the school level
to ensure schools have the funds they need to effectively support their
students. The current situation means that just like public schools,
BIE faces the ever-changing reality that learning will likely rotate
between on-site and distance learning models if COVID-19 spikes
develop. So, BIE is working collectively with our schools to maximize
purchasing power in government contracts to ensure they have the IT
equipment necessary to help their students achieve academically during
this unprecedented time.
Conclusion
Chairman Hoeven, Vice Chairman Udall, and Members of the Committee,
thank you again for the invitation to appear today. As you can imagine,
COVID-19 infection and recovery rates change daily for BIE schools,
which span 23 states. We are doing everything possible to ensure a safe
return to schools for our students and staff. It is BIE's firm belief
that students succeed when at school. Students learn and grow while
attending school during in-person academic instruction. BIE is also
better able to ensure student academic services and enrichment occurs,
when students are present at school. Student safety, wellbeing and
social-emotional support is provided daily by dedicated teachers and
staff. Any further delay in resuming classroom instruction widens the
academic achievement gap and further widens the already disparate gaps
BIE Native American and Alaska Native students already face. I look
forward to answering your questions and the continued partnership in
improving services to Indian students as we plan for the 2020-2021
school year. As always, thank you for your continued support of our
students and schools.
The Chairman. Thank you, Director Dearman.
We will proceed now with questions. Tell me, how are you
going to make sure that you reopen schools safely, both in
terms of the coordination you are doing with health care
professionals in that regard, and then also, do you intend to
mix in using distance learning as well?
Mr. Dearman. Thank you, Chairman. As you stated earlier, we
have schools in 23 States and 64 reservations. One thing that
we did hear during our consultation is one size doesn't fit
all. In designing our reopening plan, we really feel like it is
important to listen to our stakeholders and our tribal leaders.
That is what we are currently doing right now through
consultation.
Today is the final day of taking comments, that will end
tonight. Then we will really start incorporating and evaluating
the comments that we receive.
But as I stated in my testimony, our schools and our staff
are already working on their individual reopening plans, based
on local resources available. If it is health agencies, tribal
health agencies, Indian Health Services, we are bringing them
to the table to assist in really developing safe reopening
school plans.
What we will do, once we have all the consultation comments
broken down, is we will actually produce our guidance out, our
official guidance out to where the schools can actually amend
anything that really applies to them, as we have heard through
our stakeholders and our tribal leaders. There are many aspects
that we are really considering in reopening schools, from
transportation, if students are at high risk, if their families
are in fear of bringing the students back, we have to have the
ability to offer remote learning. Our schools are really
focused on that.
In March, when we started having phone calls with school
leaders, we asked them to really create a list of IT needs,
because of the pandemic, so we could service our students
remotely. As you know, with the funding that we received, we
really appreciate the support of the Committee, it has really
enabled a lot of our schools to go out and do what I call an IT
refresh to address and enhance our ability to educate our
students remotely.
So we will have a combination, depending on the location,
and working with local resources in how we deliver our
education services.
The Chairman. Over $220 million was appropriated to the BIE
in the CARES Act. What guidelines and protocols are in place to
ensure the schools spend that money responsibly? According to
your testimony, BIE has held multiple consultations on the
expenditure. So give me an update on status of those
consultations, how those dollars are being expended, and the
protocols you have in place to make sure it is done in the best
manner.
Mr. Dearman. Thank you, Senator. We actually started having
webinars and trainings. Looking at the Department of
Education's guidance and their 12 criteria that they allow the
expenditures from the CARES Act funding, we really wanted to
support and not give mixed messages. So we also, with our
direct appropriations of the $69 million, followed that same
guidance.
We started having webinars, we started having
teleconferences with our schools to answer any of the questions
that they may have. We have also assembled teams for monitoring
to make sure that our schools will be monitoring their CARES
expenditures. We have set up accounting codes so we can
actually track the CARES Act expenditures. So when we are
required to report, we will have the expenditures from the
schools with the CARES Act funding.
As far as responsibility, we are going to make sure, and we
are working with the Department of Ed, we are working with our
schools, we have been working really closely with our schools
in coordinating and collecting their spend plans. So there are
actually some big spend plans that are due this week. They are
addressing their individual needs, working with our education
resource centers.
So we want to make sure we continue to monitor and work
closely with our schools to make sure the expenditures are
being accounted for, and going to what their intent is.
The Chairman. You also talked about efforts at using school
buses as mobile IT pilot projects. Can you describe that?
Mr. Dearman. Yes. This is a priority of the Secretary, to
look at some unique ways of getting connectivity out in our
communities. We have identified the 25 longest bus routes, and
we have equipped, in working with the schools, with mobile hot
spots on the buses. We have five that have been installed to
date. I just received an email before the hearing that we
actually have another bus in Arizona that is ready to go.
What we are going to be able to do is actually support the
students on their long bus routes to make sure they have
connectivity. If they have homework, whatever, they will have
access to do that. But also, we can actually take the school
buses into communities to provide connectivity for community
members. It is a pilot project, and right now, we have 19
school sites identified for this. It is based on the 25 longest
bus routes.
The Chairman. Vice Chairman Udall.
Senator Udall. Thank you, Mr. Chairman.
I have seen several concerning news reports that suggest
that confusion about BIE campus closure policies caused a
number of Bureau schools on the Navajo reservation to remain
open for weeks after the BIE sent its March 14th school closure
letter. These schools then experienced COVID-19 related
outbreaks, and potentially even deaths.
Can you confirm how many BIE students and staff are known
to have contracted or died from COVID-19?
Mr. Dearman. Thank you, Senator, for the question.
I ask that I can take that question back to the Department
and respond in writing, working with the Department. That is a
very sensitive situation. I want to maintain the privacy of our
families and respond in writing, please.
Senator Udall. I would add to that, then, if you are going
to take it back, could you describe the circumstances
surrounding those deaths, and could you confirm whether any BIE
students or staff were infected with COVID-19 on school
campuses? Do you have any reason to believe that the failure to
close BIE campuses may have contributed to community spread of
COVID-19 on the Navajo Nation? Do you think this failure led to
any COVID-19 related deaths on Navajo? And can you provide any
more information about the investigation or can you confirm
that OSHA has opened an investigation related to BIE COVID-19
staff deaths?
Mr. Dearman. Yes, OSHA is conducting an investigation. Vice
Chairman, when that happened, the schools on the reservation
actually closed on Friday, and we started closing on the
following Monday. Because we worked on the approval and
received approval on Saturday, I don't have the exact dates,
because we received approval on Saturday, we really felt like
we need to make sure the parents were notified and had, on
Monday morning, with staff.
So we brought everyone in to start the closure process in
our schools, in our BIE-operated schools on the Navajo
Reservation on that Monday. I don't really know where the
accusations are coming that we continued to have staff and
schools operating weeks after. It wasn't the situation. There
were some of our schools that were on spring break that Monday,
or Friday. And so they may have come back the next Monday to
start the closure, the shut-down procedures, and make sure
everything was settled in and ready to go to start providing
education services remotely.
But we did work along, and our messages has been and will
continue to be that we are working with our tribes. When we
found out that the Navajo Nation was shutting down, and we
evaluated the situation, we immediately started working on our
shut-down process as well. I have actually had conversations
with President Nez, a couple of times, regarding the shut-down
and the support, just letting him know, keeping him updated, so
that our BIE-operated schools can coordinate with their
tribally controlled schools on the reservation.
Senator Udall. And you are going to take the question back
and give me a specific answer?
Mr. Dearman. We will give you specific answers, yes, sir.
We will give you the answers as far as the cases with that, and
the deaths that have occurred across our system.
Senator Udall. I will await your answers. I will be frank
with you; I was sickened to read these articles and see such
damning evidence that BIE missteps endangered Navajo
communities and may have resulted in the deaths of staff. I am
looking forward to your responses, and the Department's
responses.
It has been 115 days since I asked BIE to provide on its
schools' distance learning status, and 52 days since I sent
Secretaries Bernhardt and DeVos a letter requesting that same
information. Putting aside the Bureau's failure to respond,
which is unacceptable, I am deeply concerned that its apparent
lack of situation awareness of what is going on with its
students and schools will put Indian Country even farther
behind for the 2020 and 2021 school year. After all, how can
BIE, tribes and Congress set a path to move forward when we
have no idea where we are starting from?
For the record, Mr. Dearman, has the Bureau collected any
information on which BIE schools and TCUs are able to offer
distance learning to their students? If so, what percentage of
these schools are able to offer online instruction, instruction
by mail, or no remote learning?
Mr. Dearman. Thank you, Vice Chairman. We have started
collecting the data. We have five schools that are currently
not at what we want to have all of our schools, the level, at,
and that is 100 megabits per second. We have five schools. And
in the Department of Ed funding that we received, the CARES Act
funding, we actually set aside $5 million to make sure we got
those five schools up to the 100 megabits per second. So the
rest of our schools have the ability to service our students
remotely.
However, the issue isn't the ability of our schools, it is
the ability of our parents and students to have connectivity in
their remote locations. One thing that the Assistant Secretary
has charged us to do is, he has put together a work group,
Assistant Secretary Sweeney, and she is having us all work
together to really be creative and identify parts of the
reservation that have no connectivity by using geospatial
analysis, and working with BLM, Bureau of Land Management, and
the Bureau of Indian Affairs, in identifying the spots in
reservations that do not have connectivity.
We have talked, had several meetings on this. We have
really started pulling together, looking at our learning
platforms throughout our system, looking at the types of
cellular service in the locations for the hot spots. We are
pulling together across Indian Affairs to address this unique
situation that we are in right now. We are collecting the data
that has been requested. When the data is complete, we would
definitely be willing to share with the Committee.
Senator Udall. Mr. Dearman, the NIEA estimates 20 percent
of BIE schools offer no distance learning. Which is it?
Mr. Dearman. I am sorry?
Senator Udall. Which is it? Is this the 20 percent? Are
they accurate in saying this? Or is it what you answered
earlier?
Mr. Dearman. Again, all of our schools, except three,
offered educational services during the shutdown. Which one
that was, Senator, Vice, Chairman, it was mixed forums. Some
might have been remote and some might have been sending home
packages. We had some that were actually delivering homework to
areas like we were the lunches, the lunch programs, during the
shutdown. So it really varies. It varied on how we delivered
the education services across our schools during the shutdown.
I do want to say, it did catch a lot of us by surprise, as
it did all the school systems. As I have stated in my
testimony, we are learning from the spring, and readjusting for
the fall.
Senator Udall. On this point, there are a number of other
questions, I am over here, but that I would submit for the
record, to get information from you on this and sort out these
differences between what NIEA is saying and what you are
saying.
Thank you, Mr. Chairman.
The Chairman. All right, we will turn to Senator Cortez
Masto, remotely.
STATEMENT OF HON. CATHERINE CORTEZ MASTO,
U.S. SENATOR FROM NEVADA
Senator Cortez Masto. Thank you.
Mr. Dearman, thank you so much for appearing today. There
are two schools, BIE schools that we have in Nevada, the
Duckwater Elementary and Pyramid Lake High School. With respect
to the Duckwater Tribe, I have been talking with them. I know
they are working hard to meet all the safety recommendations
coming from the Federal Government.
But they are very concerned about top-down requirements
that don't account for local conditions when thinking about
reopening their schools. The tribe is planning to use a hybrid
system of online and in-person. But if infection rates
increase, they want the flexibility to transition.
So let me ask you this. Is BIE planning to address these
issues in a way that provides tribes with the flexibility they
are going to need?
Mr. Dearman. Thank you, Senator. Duckwater is actually one
of the five schools that we are working with to get upgraded to
the 100 megabits per second. Yes, that was heard loud and clear
in consultation and our phone calls with our school leaders.
They don't want people from Washington, D.C. or the BIE telling
them how to run their schools. They want local control.
Senator, what we are putting together, the document that we
are collecting all the comments from tribal leaders will be
strong guidance that goes out to our schools, where they can
actually take the guidance and the elements that are
incorporated into our reopening plan, and actually implement
that, pull from that for their local decisions that they need
to make. They will have local control to make local decisions.
Pyramid Lake and Duckwater being tribally controlled, we will
definitely be on standby if there is any assistance they need
that we can assist them with.
Senator Cortez Masto. So, Mr. Dearman, when can they expect
the guidance? I noticed today was the final day to receive
comments. You talked about then putting out official guidance.
My concern is some of the schools are actually starting to open
in another five days or so. So when can they expect this
official guidance?
Mr. Dearman. That is a question we have been getting quite
often. I think I really need to explain the process. When we
shut down, we wanted to make sure that none of our schools,
including Duckwater or Pyramid Lake, were impacting in a
negative way. So we immediately went to work to make sure that
we had waivers in place, and we were working with the Assistant
Secretary to make sure that we could close out the school year
efficiently and effectively without punishing our schools. So
that is what we had done.
When we got through that process, then we really had to
start focusing on the funding and then the reopening plans. So
what we have done is, when we go to consultation, Senator, it
normally requires 30 days' notice in the Federal Register. We
were able to work to get that cut down to 15, because of the
urgency that we are up against.
Today is the last day that they have to submit comments,
and we will immediately go to work. We are anticipating having
the guidance ready for review the first week of August for our
leadership. So we are anticipating some time the beginning of
August to get that guidance out to our schools.
One thing that we have done, and tribally controlled has
the option of following, is we have been working with the
Assistant Secretary to move back our start dates with our 53
BIE operated schools, to give us a little bit more flexibility
and also work with tribal leaders in the areas where we have an
uptick or when we have the pandemic, the virus, that is really
impacting the reservations.
Senator Cortez Masto. Thank you. I know my time is up. I
have other questions for you that I am going to submit for the
record.
But the other thing that I really want to stress is
broadband and connectivity. You just identified, I already know
it, that at these schools, particularly in the rural areas,
there is no connectivity. So we are looking for innovative ways
that we can bring that connectivity to these two schools.
I know Pyramid Lake Paiute Tribe is actually in urgent need
of building a cell tower, as school starts, to help them. They
are looking at using Indian Community Development Block Grant
funds for this. So I hope you would keep an open mind and work
with us in helping us figure out how do we fund it and bring
the connectivity to our Indian communities across the Country,
particularly in Nevada, as well. Because I know they are
challenged.
Thank you. I know my time is up. Thank you, Mr. Dearman.
The Chairman. Thank you, Senator Cortez Masto.
Vice Chairman, did you have additional questions for the
Director?
Senator Udall. If you do an additional round, I will. But
otherwise, I wouldn't.
The Chairman. No, I don't have any more questions.
Senator Udall. I am going to submit questions for the
record.
The Chairman. All right, Director Dearman, thank you for
being here, and thank you for your testimony. We appreciate it
very much.
At this time, we will pause and turn to our second panel.
Our second panel , both of our witnesses will be testifying
virtually. First, we will hear from Ms. Marita Hinds, President
of the National Indian Education Association, Washington, D.C.
Then we will hear from Mr. David Yarlott, Jr., Board Member,
American Indian Higher Education Consortium, from Alexandria,
Virginia, also virtually.
With that, Ms. Hinds, are you ready to proceed?
STATEMENT OF MARITA HINDS, PRESIDENT, NATIONAL INDIAN EDUCATION
ASSOCIATION
Ms. Hinds. Thank you, Chairman Hoeven, Vice Chairman Udall,
and members of the Committee, thank you for this opportunity to
provide testimony on behalf of the National Indian Education
Association.
My name is Marita Hinda, and I am from Tesuque Pueblo, and
currently President of the Board for the National Indian
Education Association. I am the school administrator at our
tribal grant school, Te Tsu Geh Oweenge School.
NIEA is the most inclusive national organization advocating
on the frontlines of Native education. Our work centers on
advancing cultural-based educational opportunities for the
650,000 American Indians, Alaska Natives and Native Hawaiian
students in classrooms today. Native education is a bipartisan
effort rooted in the Federal trust responsibility to tribal
nations and their citizens. Each of you on this Committee has a
critical role in upholding that responsibility, particularly
during a public health emergency like our communities, and the
Nation as a whole, are facing today.
For centuries, Native students, schools, and communities
have long been underfunded and under-resourced. Compounded
inequities came clearly into focus as our schools and tribal
nations made difficult decisions to protect the lives and
wellbeing of our students, all with limited guidance, funding,
resources, and infrastructure necessary to provide continued
educational services in Native communities. Now, our schools
must develop strategies to provide educational services that
prioritize the health and safety of students and staff. My own
community is currently developing our plan to reopen classrooms
this fall.
Tesuque is a small pueblo, with a population of
approximately 560 members. Our student body is a total of 54
students. Because of our small enrollment and our proximity
within the pueblo, we are planning to open our school with in-
school instruction. This plan is based on the New Mexico Public
Education Department Re-Entry Guidance, The BIE School
Reopening Plan and information from other schools within tribal
communities.
Safety is our main priority, with social distancing,
classroom isolation, and cleaning and sanitizing throughout the
day. We know the importance of having the students in the
classroom, and will be taking extreme measures to make sure the
students and staff are safely protected.
As each of our schools across the Country make difficult
decisions to ensure the health and well-being of staff, NIEA
urges Congress to consider the full scope of need for education
programs in the BIE. In March, NIEA appreciated the work of
many on this Committee to pass emergency education funding for
Bureau-funded schools under the CARES Act. However, many
schools received only enough funding to purchase basic personal
protection equipment for staff and students.
Congress must continue to invest in programs and services
critical for our schools to function. Increased cleaning and
sanitization, greater demand on outdated transportation and
facilities, professional development and training for staff,
student mental health services, and the need to plan for
possible spread in schools all place greater stress on
stretched budgets for BIE schools.
This means allocating $1.5 billion in direct funding to
Bureau-funded schools to meet the health and safety and
educational needs of students due to the impacts of COVID-19.
This also means ensuring a strong and modern infrastructure,
capable of providing equity in education during a global
pandemic.
Bureau-funded schools have long experienced a backlog of
critical maintenance and infrastructure. By the end of school
year 2019, the maintenance backlog in Bureau-funded schools had
ballooned to over $727 million.
Communication issues have continued to complicate
distribution of funding from the CARES Act, which was
authorized by Congress on March 27th, 2020. Despite the
allocation of emergency education funding for Bureau-funded
schools, our schools did not report receipt of funding until
three months after the Congressional approval.
Continued funding shortfalls in high quality construction,
repair, and maintenance, leave Bureau-funded schools without
the necessary infrastructure to provide high quality education
for all students this fall. From outdated heating and air
systems to cramped classrooms, to spotty internet and old
wiring, significant investment in our school's infrastructure
is critical to protect our students and provide educational
services.
NIEA asks that Congress address support to our students by
providing $1 billion in emergency funding to address unfunded
repairs and renovations at Bureau-funded schools. NIEA urges
Congress to uphold the Federal trust responsibility for all
Native students by fully funding key programs that support
effective and culturally appropriate COVID-19 response in
Native schools and classrooms. The 48,000 students in Bureau-
funded schools across the Nation deserve nothing less.
Thank you for this opportunity to speak on behalf of the
National Indian Education Association. Please go to our
website, www.niea.org, for further information as well. Thank
you.
[The prepared statement of Ms. Hinds follows:]
Prepared Statement of Marita Hinds, President, National Indian
Education Association
Introduction
On behalf of the National Indian Education Association (NIEA), I
respectfully submit the following written testimony for to the Senate
Committee on Indian Affairs Hearing titled ``Preparing to Head Back to
Class: Addressing How to Safely Reopen Bureau of Indian Education
Schools.''
NIEA is the most inclusive national organization advocating on the
frontlines of Native education. Our work centers on advancing culture-
based educational opportunities for American Indians, Alaska Natives,
and Native Hawaiians. Each day, our organization equips tribal leaders,
educators, and advocates to prepare the over 650,000 Native students
across the nation for success in the classroom and beyond.
Native education is a bipartisan effort rooted in the federal trust
responsibility to tribal nations and their citizens. Each of you on
this Committee has a critical role in upholding that responsibility,
particularly during a public health emergency like our communities, and
the nation as a whole, are facing today.
National Landscape
For centuries, Native students, schools, and communities have long
been under-funded and under-resourced. Compounded inequities came
clearly into focus as our schools and tribal nations made difficult
decisions to protect the lives and wellbeing of our students--all with
limited guidance, funding, resources, and infrastructure necessary
provide continued educational services in Native communities.
In March and April, many Bureau-funded schools prioritized the
well-being of their students by closing school facilities. Now, in the
face of limited funding, resources, and infrastructure, our schools
must develop strategies to provide education services this fall that
prioritize the health and safety of students and staff.
Between July 9-14, 2020, the Bureau of Indian Education (BIE)
engaged in three tribal consultation sessions regarding a draft School
Reopening Plan. Though this draft represents a first step toward
ensuring continued education services and safe reopening of school
facilities, tribal leaders remain very concerned. As our tribes and
schools make decisions to safely reopen in the coming months, our
tribes and schools must have access to the resources and guidance
necessary to ensure that our students have access to safe and healthy
classrooms where they can thrive.
Recommendations
As the Committee considers critical resources and funding necessary
to reopen our schools equitably this fall, NIEA urges Congress to
consider the full scope of need for education programs.
Emergency COVID-19 Funding
Provide $1.5 billion in direct funding to Bureau-funded
schools, as defined in 25 U.S.C. 2021(3) to meet the health,
safety, and educational needs of students due to the impacts of
COVID-19.
Despite the allocation of emergency education funding for
Bureau-funded schools under the CARES Act on March 27, 2020,
our schools did not report receipt of funding until three
months after congressional approval. Today, many schools report
that emergency funds proved only enough to cover basic personal
protective equipment for staff and students.
Congress must invest in programs and services critical for
our schools to function. Increased cleaning and sanitization,
greater demand on outdated transportation and facilities, and
the need to plan for possible spread in schools all place
greater stress on stretched budgets for BIE schools.
Provide $1 billion in emergency funding to address the
backlog of unfunded repairs and renovations at Bureau-funded
schools, as defined in 25 U.S.C. 2021(3).
Strong and modern infrastructure is essential to equity in
education, particularly during a global pandemic. Bureau-funded
schools have long experienced a backlog of critical maintenance
and infrastructure. In 2016, the Office of the Inspector
General at the Department of Interior found that it would cost
$430 million to address immediate facilities repairs in the
BIE. In addition, that report estimated over $1.3 billion in
overall need for education construction at BIE schools. By the
end of FY 2019, the maintenance backlog in Bureau-funded
schools had ballooned to over $727 million.
Continued funding shortfalls in high-quality construction,
repair, and maintenance leave Bureau-funded schools without the
necessary infrastructure to provide high-quality education for
all students this fall. From outdated heating and air systems
to cramped classrooms, many of our schools wonder if it is safe
to bring students into the building during a public health
emergency.
For schools that may be unable to physically reopen, outdated
technology infrastructure and lack of Internet access at home
slows implementation of virtual education options. Even schools
with computer equipment on-site often struggle to provide
digital learning due to limited community broadband access at
home. Just last year, the Center for Indian Country Development
at the Federal Reserve Bank of Minneapolis reported that only
61 percent of households on tribal lands have broadband access.
In comparison, 70 percent of residents in the typical county
that overlaps a reservation have access to broadband in the
home.
Education Services
Ensure equitable education services for our most vulnerable
students, including students with disabilities.
Equity in educational opportunity has become even more
paramount during the COVID-19 pandemic. However, Bureau-funded
schools located in rural communities with limited virtual
learning infrastructure face unique challenges providing
equitable education services for students that are unable to
attend physical classes due to concerns regarding their
physical well-being and health. NIEA recommends that the BIE
expand specific guidance for continued education services
aligned with that of the Department of Education, which school
and tribal leaders may use to develop learning programs and
services that address the unique needs of Native students.
Tribal Communication and Coordination
Ensure that school facilities reopen in accordance with
tribal, local, and state guidance.
Several Bureau-funded schools experienced spread of COVID-19
among essential staff and in the wider community when BIE
Education Program Administrators (EPAs) failed to comply with
tribal and state orders to close schools. This is unacceptable.
Our educators and staff must not be forced to choose between
their lives and their livelihood. The wellbeing and safety of
all, including those who at the frontlines of learning and
opportunity in our communities, must be protected.
Provide clear and consistent communication to all schools,
particularly those located within the same tribal jurisdiction
and region.
Inconsistent communication, timelines, and information
provided throughout the BIE system has resulted in confusion
and diverse interpretations of rules among schools, tribes, and
communities. From use of funding to school closures, schools
must not face conflicting messages when the lives of our
students, educators, and community members are at risk. Tribal
and school leaders must have access to timely and consistent
information that addresses the scope of need for our students,
educators, and schools. NIEA urges the BIE to coordinate
communication to ensure the safety and well-being of our
students, educators, staff, and communities.
Professional Development and Training
Develop high-quality guidance and professional development
on distance education and hybrid education models.
As COVID-19 continues to disproportionately impact and spread
in Native communities, tribal nations face the possibility of
future shutdowns to ensure the safety and wellbeing of students
and community members. The Bureau must provide resources to
support distance and hybrid learning models for schools that
cannot reopen physical facilities due continued community
spread. High-quality, updated resources must address critical
information and funding for effective culture-based virtual
curriculum, professional development, education technology, IT
support, and ensuring continued education services for special
education, English language learners, and Native language
programs.
Ensure high-quality trauma training for staff and student
mental health services in schools.
Trauma related to the impact of COVID-19 in our families in
communities follows Native students into the classroom.
Educators and staff must have culturally responsive training to
support trauma-informed education services. Though NIEA
appreciates the emphasis on mental health in the BIE reopening
plan, additional details and guidance for school implementation
is crucial to ensure effective and consistent implementation
for our most vulnerable learners.
Conclusion
Healthy education systems are key to thriving tribal nations and
communities, particularly during a global pandemic. Education and
Native students cannot be forgotten. NIEA urges Congress to uphold the
federal trust responsibility for all Native students by fully funding
key programs that support effective and culturally appropriate COVID-19
response in Native schools and classrooms. The 48,000 students in
Bureau-funded schools across this nation deserve nothing less.
The Chairman. Thank you, Ms. Hinds.
Now we will turn to Mr. Yarlott.
STATEMENT OF DR. DAVID YARLOTT, JR., CHAIR, AMERICAN INDIAN
HIGHER EDUCATION CONSORTIUM BOARD OF
DIRECTORS; PRESIDENT, LITTLE BIG HORN COLLEGE
Dr. Yarlott. Good afternoon, Chairman Hoeven, Vice Chairman
Udall, and members of the Committee. My name is Baluxx
Xiassash, Outstanding Singer. I am a member of the Uuwuutasshe
Clan and a child of the Uuwuutasshe Clan of the Aps alooke or
Crow Indians.
I am Dr. David Yarlott, Jr. Since 2002, I have served as
the President of Little Big Horn College in Crow Agency,
Montana. I am also Chair of the AIHEC board of directors.
From my college and the 36 other tribal colleges and
universities, thank you for inviting me to testify today. This
afternoon, I will discuss some challenges due to the COVID-19
pandemic, our response to the challenges and some
recommendations as we work on the phase four Coronavirus relief
package.
TCUs serve over 160,000 American Indians, Alaska Natives,
and other community members each year through academic and
community-based programs at 75 sites in 16 States. We provide
these services in an environment far more challenging than any
other institution of higher education. Our budgets are very
lean, because our operating funding, which comes from the
Federal Government is inadequate. The only other minority-
serving institution to receive operating support, Howard
University, receives $30,000 per student each year. Most TCUs
receive only about $7,300 per Indian student. This is a
difference of nearly $23,000 per student.
We educate students in great need. More than half of our
students are first generation. One-third are single with
children. Many live in multi-generational homes, and 86 percent
receive Pell Grants. Our students, faculty and staff face
serious health and safety risks, including food and housing
insecurity, homelessness, and a great risk of COVID-19.
In terms of IT infrastructure, TCUs have the slowest and
most expensive internet service in the institutions of higher
education in the Country. Ilisagvik College, for example, pays
$250,000 per year for internet speeds of 6 megabits per second.
Sixteen TCUS have internet speeds of 100 megabits per second or
less. Four are below megabits per second.
All TCUs face challenges delivering class remotely to
students across the reservations because many of our students
lack reliable and affordable internet at home. Despite these
challenges, TCUs are committed to serving our tribal nations.
Most TCUs have not closed at any point during the pandemic.
Those that ceased operations did so only for a few weeks. We
went from zero online classes to 90 or 100 percent online in
two weeks this spring. Now, 400 TCU faculty are participating
in a six-week course to become better distance education
instructors. We established computer loan programs for students
and faculty. We set up internet wi-fi hot spots so our students
wouldn't have to sit in TCU parking lots for access to
internet, but a lot of them did that and still do.
TCUs with dorms kept them open for a limited extent to help
students and families and others who had nowhere to go. We
worked with our tribes to provide meals, testing sites, and
more
Forty-five TCUs have announced plans for the fall.
Seventeen will open with a hybrid class schedule; some classes
online, and others in person with physical distance. Seven will
open with online classes only. One will open with face to face
classes only.
To do this, we need support in the next COVID-19 relief
bill. TCUs request $65 million in an Interior BIA account to
address the projected economic year 2020-2021 losses. We are
freezing cuts in tribal funding, increasing tuition write-offs
and many TCUs are cutting tuition to help students.
We need permanent help with IT infrastructure. We ask that
a $24 million TCU IT fund be established within the USDA Rural
Utilities Service program. All COVID-19 relief programs for
Native higher education should include all TCUs.
We ask that any bill use the term tribal colleges and
universities as defining the higher education [indiscernible].
The BIE share of the education stabilization funds should be
increased to 1 percent. Most important, Congress should direct
Interior to equitably fund TCUs and K through 12 based on the
percentage of students at our schools. As evidenced with the
CARES Act, Congress does not include this language. DOI may not
fund TCUs or will underfund us.
Of the $153 million in the BIE Education Stabilization Fund
under the CARES Act, TCUs received only $30 million, although
we comprise 40 percent of BIE students. In BIE's listening
sessions on the funding, tribes vigorously advocated for
equitable funding.
My written testimony includes a few other requests to help
TCUs open safely this fall. Please consider this carefully.
And again, thank you for the opportunity to testify today.
Thank you.
[The prepared statement of Dr. Yarlott follows:]
Prepared Statement of Dr. David Yarlott, Jr., Chair, American Indian
Higher Education Consortium Board of Directors; President, Little Big
Horn College
Chairman Hoeven, Vice-Chairman Udall, and members of the Committee,
on behalf of my institution, Little Big Horn College in Crow Agency,
Montana and the 36 other Tribal Colleges and Universities (TCUs) that
collectively are the American Indian Higher Education Consortium
(AIHEC), thank you for inviting me to testify on the efforts of TCUs to
safely remain open in the midst of the COVID-19 pandemic.
My name is Baluxx Xiassash--Outstanding Singer. I am a member of
the Uuwuutasshe Clan and a child of the Uuwuutasshe Clan of the Aps
alooke or Crow Indians. The Crow reservation is located in what is now
south-central Montana and contains about 3000 square miles--a territory
larger than the state of Rhode Island. In the early 1980s, my tribe
established Little Big Horn College, forging a new tradition in
education to grow an Aps alooke workforce that would rebuild and
sustain our tribal families, communities, and lands. The goal was to
establish a lasting tradition of advanced training and higher
education, for a good path into the future for the Crow People. I am
proud to say that I am a product of my tribe's commitment to higher
education: I attended Little Big Horn College as a student (returning
years later to earn a degree); I served on the faculty of Little Big
Horn College; and after earning advanced degrees, I became an
administrator at the college. Since 2002, I have had the honor of
serving as president of Little Big Horn College, where it is my
responsibility to keep building a path into the future for my people.
This morning, I will address three topics: The Tribal College
Movement in general--where TCUs were in early March 2020; challenges
faced by TCUs due to the COVID-19 pandemic and our response to those
challenges; and finally, eight specific recommendations, including
important TCU funding and cyberinfrastructure needs, for your
consideration as you work to ensure that Indian Country is equitably
included in the national effort to reopen our schools and colleges this
fall and recover from this unprecedented pandemic.
Background: The Tribal College Movement
All but three of the 19 members of the Senate Committee on Indian
Affairs have at least one Tribal College in his or her state; and
collectively, 28 of the nation's 37 TCUs are represented by Committee
Members, so I will not go into detail about the TCUs--you know us well.
I will simply say that American Indian and Alaska Native tribally
chartered colleges and universities are geographically isolated and
most are severely under-resourced, particularly when compared to other
institutions of higher education. Yet, our institutions are
extraordinarily effective and proven catalysts for revitalization and
change. Thirty-five of the 37 TCUs are fully accredited (two are
emerging/developing institutions), and we serve more than 160,000
American Indians, Alaska Natives, and other rural community members
each year through academic and community-based programs at more than 75
sites in 16 states.
The first Tribal College, like all that followed, was established
for two reasons:
1. The near complete failure of the U.S. higher education
system to address the needs of--or even include--American
Indians; and
2. The need to preserve our culture, our language, our lands,
our sovereignty--our past and our future.
The goal: to build our own education system founded on our ways of
knowing, traditional knowledge, and spirituality, and designed
specifically to serve and strengthen our Tribes, communities, and
lands. Today, all TCUs offer certificates and associate degrees; 16
offer bachelor's degree programs; and five offer master's degree
programs. Our programs range from liberal arts--including Tribal
governance and business, to career and technical programing, including
welding, carpentry, automotive, nursing, teaching, and allied health.
The 35 accredited TCUs are ``1994 Land-grant institutions.''
In early March 2020, the TCUs were busy working to produce an
American Indian/Alaska Native workforce that includes Head Start
teachers, elementary and secondary school teachers, agriculture and
land management specialists, engineers, computer programmers, nurses,
and more. We were doing this work in an environment far more
challenging than that of any other institution of higher education in
the U.S.:
1. Inadequate Operating Support: On average, TCUs are the
poorest institutions of higher education in the nation. Even in
the best of times, we operate with very lean budgets because
our operating funding, which comes from the federal government,
is grossly inadequate to meet our needs. Most TCUs received
$7,385 per Indian Student for academic year 2019-2020,
significantly below the authorized level of $8,000 per Indian
student. The only other minority serving institution to receive
its operating support from the federal government, Howard
University, receives $30,000 per student from the Department of
Education each year (because it is in the District of Columbia
on land that is formerly federal trust land).
TCUs receive little or no financial support from their tribal
governments because the tribal governments that have chartered
TCUs are not among the handful of wealthy gaming tribes;
rather, they are some of the poorest governments in the nation.
For those that do receive funding, it is often inconsistent and
dependent on annual tribal revenues. For example, 16 of the 37
TCUs received about $33 million in tribal support in academic
year 2018-19; in AY2017-18, TCUs received $31 million in tribal
support (AIHEC AIMS). Additionally, because they are not part
of state education systems, most TCUs do not receive state
funding. The handful of TCUs that do receive limited state
funding receive support only for the non-Native (``non-
beneficiary'') students at their college.
Although 28 TCUs have an endowment, most are extremely small.
Only one TCU has a somewhat large endowment: Oglala Lakota
College, which has worked hard to grow its endowment to $51
million. The other 27 TCU endowments ranging from $10,000 to
$14.2 million. Nationally, the median college/university
endowment is $65.1 million, while the median TCU endowment is
$2.4 million.
Despite operating funding challenges, TCUs are committed to our
tribes and communities. TCUs are open door institutions,
serving any student who is willing to commit to a semester of
learning, and TCU tuition, at about $4,100 per year for a 4-
year degree, is the most affordable in the nation. Many TCUs
provide books to students to keep student costs down; and
although 18 TCUs operate dorms and cafeterias, these are not
money-making enterprises, as they are at mainstream
institutions. Still, many TCU students cannot afford to pay
both tuition and room/board, even pre-pandemic. (In 2019, the
average TCU student unmet need was more than $10,000 per year,
according to U.S. Department of Education statistics.) In
AY2018-19, TCUs wrote off more than $4 million in unpaid
tuition and fees, and in AY2017-18, they wrote of nearly $3
million.
2. TCU Student Demographics: Financial and Academic Challenges:
More than half of our students are first-generation college
students. One-third are single with children, and the vast
majority live in multi-generational homes with deep family and
community ties and responsibilities. Overwhelmingly, our
students are poor. In fact, 86 percent of TCU students receive
Pell grants. And with an average annual income of less than
$20,000 per year, our students live well below the US poverty
line.
Most of our students come to us unprepared for post-secondary
education. Our students generally fall into one of two
categories: those who began post-secondary education at a
mainstream institution but were unable to complete their
program; and those who dropped out of high school and came to
the TCUs to earn a GED. (On some reservations, more than 50
percent of all Native students drop out of high school, most in
their senior year.) To both groups, the TCU represents hope: an
opportunity to rebuild damaged self-esteem, find their
identity, and eventually earn a credential or degree at an
affordable price. Many require developmental education prior to
beginning an academic or career/technical program. About 60
percent of TCUs test into developmental math, and more than 45
percent require developmental reading. To address these
challenges to academic success, most TCUs now offer dual credit
or early college programs for local high school students, and
some are developing high school programing right at the TCUs,
such as Salish Kootenai College's STEM academy. At SKC STEM
Academy, high school juniors and seniors spend mornings at
their secondary school and afternoons at SKC, where they engage
in experiential math and science classes and labs.
3. TCU Student Demographics: Food and Housing Insecurities: In
addition to being low-income, first generation, and
academically under-prepared for college, our students--and
faculty--face serious health and safety risks. A recent survey
published by the American Indian College Fund and the Hope
Center for College, Community and Justice (Temple University)
revealed that of the students surveyed, TCU students suffered
food and housing insecurity and homelessness at much higher
rates than other college students. Nearly 30 percent of the TCU
student respondents reported being homeless at some point in
the prior 12 months (compared to the national student average
of 17 percent); almost 62 percent were food insecure in the
prior 30 days (compared to the national student average of 39
percent); and 69 percent of the TCU student respondents said
they faced housing insecurity in the prior 12 months (compared
to the national student average of 46 percent). Yet despite
these challenges, TCU students reported greater academic
success compared to similarly students at other colleges/
universities.
More than 85 percent of TCU students and nearly 50 percent of all
TCU faculty are enrolled members in federal recognized Indian tribes--a
group, according to the federal Indian Health Service (IHS) that has
``long experienced lower health status when compared with other
Americans.'' Per capita, more American Indians and Alaska Natives
suffer from diabetes than any other group in the U.S. American Indians
and Alaska Natives born today have a life expectancy that is 5.5 years
less than the U.S. all races population (73.0 years vs. 78.5 years),
and we die at higher rates than other Americans, including from chronic
liver disease and cirrhosis, diabetes mellitus, unintended injuries,
assault/homicide, suicide, and chronic lower respiratory disease (IHS).
According to the IHS, lower life expectancy and the
disproportionate disease burden exist perhaps because of
inadequate education, disproportionate poverty, discrimination
in the delivery of health services, and cultural differences.
These are broad quality of life issues rooted in economic
adversity and poor social conditions.
Internet Connectivity and Cyberinfrastructure: Through a 2017
grant from the National Science Foundation, AIHEC and the TCUs
have been conducting an in-depth study of the
cyberinfrastructure capacity and needs of TCUs. The goal is to
connect our institutions to the regional education and research
Internet networks that crisscross this country and enable
faculty and students at U.S.-based IHEs to learn, work, and
conduct research with one another. Currently, only 10 TCUs are
connected to these vital networks. The NSF-funded study
revealed startling information about Indian Country and TCUs:
TCUs have the slowest Internet speeds of all IHEs in the
country and, on average, pay more than any other group for
Internet connectivity. One TCU has the most expensive, and
slowest, Internet speed of any IHE in the country. (I?isagvik
College, which pays $250,000 per year for Internet speeds of 6
Mbps.) In 2015--the most recent comparable year, the national
average Internet speeds at colleges and universities were 513
Mbps for 2-year institutions and 3.5 Gbps for 4-year
institutions. Yet, more than one-third of all TCUs (16) have
Internet speeds at 100 Mbps or less--four are at or below 50
Mbps. Average TCU Internet speed is 375 Mbps. Making the
problem even more challenging, TCU IT equipment refresh rate is
8.3 years, while 3-5 years is standard practice. We understand
that the BIE has contracted with a private, for-profit entity
regarding Internet connectivity at BIE-funded/supported
schools. One goal purportedly is to ensure that all BIE K-12
schools have Internet access of at least 100 Mbps.
Unfortunately, the BIE has not included TCUs in this effort,
even though nearly all TCUs provide dual credit to local/tribal
high school students and 31 TCUs serve as community libraries
(with computer labs), which are used by local pre-K-12 students
and their families.
If TCUs are to deliver high quality online/distance learning to
American Indians and Alaska Natives in times of emergency,
these gaps must be addressed as rapidly as possible. However,
other challenges also must be addressed: even those TCUs with
adequate Internet access on campus face problems delivering
classes remotely to students across their reservations. At some
TCUs, more than half of the students lack consistent,
reliable--and affordable--Internet access at home and many
students lack the equipment necessary to engage in coursework
and homework (tablets, computers, laptops). President Richard
Littlebear, Chief Dull Knife College, describes the problem:
``I can use my cell phone to make a call from Hawaii to Lame
Deer, but I can't use my cell phone to call from Lame Deer to
Busby--there is no cellular service and without cellular, there
is no Internet.'' (Oahu, Hawaii is 3,300 miles from the
Northern Cheyenne reservation in Montana. The distance between
the reservation towns of Lame Deer and Busby is 16 miles.)
These issues require a permanent and equitable solution
strategy.
Finally, when examining TCU IT infrastructure, it is important
to keep in mind that 32 TCUs are in very remote areas. For
these TCUs, there is a lack of choice (competition) of Internet
service providers, which drives up costs significant. This is
the primary reason TCUs pay high than average rates for their
Internet service, particularly given the low speed.
TCU Response to the COVID-19 Pandemic & Plans for AY 2020-21
Despite facing serious financial, Internet connectivity and
equipment, and faculty professional development challenges that are far
worse than other schools and colleges in the U.S. and having student
(and faculty) populations at greater health risk than other groups in
the U.S., the nation's 37 TCUs have worked diligently to respond to the
COVID-19 pandemic in a comprehensive manner, addressing both the needs
of students and community. As place-based, community-anchoring
institutions, we had no choice but to continue to serve our tribal
nations to the best of our ability. Most TCUs have not closed at any
point during the pandemic, and those that ceased operations did so only
for a few weeks. We are working and learning together to ensure we can
continue offering high quality, culturally relevant, and job-focused
educational opportunities to our students and communities--always
mindful of the need to put first the health and safety of TCU students,
their families, and community members. This is important for some
critical reasons: many TCU students live in multi-generational homes;
and as discussed above, American Indians and Alaska Natives suffer the
lowest health status of any group of U.S. citizens, including the
highest rates of diabetes--a critical adverse factor associated with
high COVID-19 mortality rates. In addition, for many of our Tribes, our
Tribal language keepers are well over 70 years old, another adverse
COVID-19 factor. If Native language keepers are lost to this pandemic,
whole tribal cultures would be devastated. Therefore, TCUs focused on
building our online teaching capacity and delivering courses to
students who could access the Internet from remote access points in
their community (or in the community nearest to them) or who could
finish courses using ``old fashioned'' distance education.
President Sandra Boham, Salish Kootenai College, described the
situation at her college: ``As a TCU, Salish Kootenai College is
working together with our K-12 schools to educate all Indian students
in our region-- to meet their educational, technology, and mental
health needs. SKC adopted a shelter in place policy on March 16, 2020.
We kept family and student housing open to the extent possible because
we could not disrupt families during a pandemic. Many of our students
are parents, and we quickly realized that they were forced to become
fulltime teachers at the same time as college students (because SKC's
required course work did not go away). We did our best to help meet
their needs.
We established a computer loan program for students, faculty and
staff who did not have one. Some students had a home computer, but it
was being shared by multiple family members as children needed to use
the home computer for their schoolwork. Access to an additional
computer in the household was significant in reducing the stress of
competing technology needs between K-12 and college student family
members. Assistance was provided for food so that students could
continue to feed their families without having to drop out of school to
find work. Activity kits were provided to families to assist in keeping
preschool age children busy so that parents could attend to classwork.
Faculty and students in our Teacher Education Program offered parents
assistance with tips for teaching. Faculty flexed their course
schedules to find times that worked for students to meet virtually
outside of normal college operating hours. IT technicians provided
technical assistance for student's personal laptops and phones to help
them with technology problems and improved access to Internet services
on campus.
Every year, SKC provides dual credit programs to nine high schools,
we have a 40-year partnership with our tribal BIE contract school
(grades 8-12); we educate teachers for our local systems; we prepare
Head Start teachers and program directors; we train health providers--
medical people who work throughout the Flathead Valley. We provide
childcare to students and local families, which we were unable to keep
open for those in need due to the pandemic. All these programs and
services were adversely impacted--they changed overnight. SKC went from
zero to 100 percent online classes almost overnight. We quickly
provided professional development to our faculty, and at the same time
we were learning, we reached out to the local K-12 teachers to help
them get up to speed. At SKC, 67 percent of our students are in high
risk categories, so we are taking additional steps to help keep our
students mentally and physically well--we extended our spring and
summer terms to allow for physically distant hands-on learning and we
are providing holistic support for students and instructors. Even in
the face of these monumental challenges, we must keep going--we are
teaching the people who do everything on our reservation: education
providers, government workers, service providers, health care
professionals, and more. We must do this well, and we cannot do it well
if we are not well funded. There are faces behind every dollar we
spend, and for them, we need to stay whole.''
All TCUs have incurred significant costs as a result of the COVID-
19 pandemic, including securing and cleaning campuses; relocating
students off campus and providing shelter in place housing for students
who had no home to go to; beginning the first phase of online courses;
purchasing equipment for students and providing emergency aid; and
paying salaries and administrative leave for staff who would otherwise
be unemployed. TCUs also faced (and continue to face) challenges in
addressing: (a) Career and technical courses, which often cannot be
converted to online courses; (b) professional development and course
redesign for faculty; (c) equipment and infrastructure for online
delivery of courses; and (d) lack of Internet access in students'
homes. Coronavirus Aid, Relief, & Economic Security (CARES) Act funding
is helping TCUs address some of these critical issues, but as
challenges continue to mount, more funding is needed.
Like SKC, virtually all TCUs moved to online or distance
instruction to finish the spring 2020 semester, and many offered online
courses for the summer. To transition to effective, community-based
online or physically distant course delivery, TCUs required:
(a) Reliable high-speed Internet access--campus technology and
Internet speed upgrades and accessible community-based
connectivity;
(b) Instructional delivery and access systems/devices (course/
communication tools);
(c) Faculty professional development to create and maintain
quality, engaging online programming; and
(d) Student computer/online literacy training for adoption of
successful online learning strategies.
TCUs are using funding appropriated under the Coronavirus Aid,
Relief, & Economic Security (CARES) Act to address these needs, to the
(somewhat limited) extent that we are able. This summer, AIHEC
organized an intensive 6-week online training program for 390 TCU
faculty in effective online teaching with a special component to help
ensure that whether online or in person, TCU instruction is conducted
from a Native world view.
TCU governing boards, presidents, faculty, and staff are embracing
the challenges we face as an opportunity for expanding postsecondary
education to more American Indians/Alaska Natives, including the 67
percent of tribal members living in urban areas. In addition to
providing instruction online, TCUs are developing new ways of providing
critically needed social, academic, and mental health support to
students and communities.
Early in the pandemic, President Charles M. Roessel of Dine College
noted that his TCU is ``serving a Nation that has been knocked down.''
Dine College, like all TCUs, quickly transitioned many courses online;
began providing students with emergency financial aid, both from
funding received under the CARES Act and from the American Indian
College Fund. Dine College and Navajo Technical University (NTU) staff
risked their own health to keep college doors open. These two colleges,
like other TCUs, kept some dormitories open for students who could not
safely live at home, or who had no home to go to. Their cafeteria staff
provided free meals to first responders as well as students who would
sit for hours in their cars in the colleges' parking lot, accessing the
Internet wirelessly to complete their coursework.
NTU, located in Crownpoint, New Mexico, developed online fliers and
significantly expanded its online messaging to students through
Facebook and other forms of social media, providing tips,
encouragement, and other outreach to keep students engaged as they
practiced physical distancing. The college worked with the Navajo
Nation and IT providers to establish wireless Internet hot spots on the
eastern part of the Nation and converted a fleet of college vans into
the ``Homework Express,'' delivering printed assignments to students
who lacked Internet access, and picking up completed assignments. NTU
quickly transitioned its summer enrichment ``camps'' to virtual camps,
including a 6-week STEM skill building program for dual credit (high
school) students and a robotics academy, offered with support from
NASA, to Native youth.
At Bay Mills Community College in Michigan's Upper Peninsula,
faculty and staff developed online tutoring opportunities for students,
organized ``BMCC Cyber Social Hours'' for students to talk with one
another, and launched a multi-week ``Mental Health Power Hour, ``
covering topics such as stress, youth issues, and adapting to change.
Faculty and staff at Cankdeska Cikana Community College on the
Spirit Lake Dakota reservation in North Dakota ``are meeting students
in parking lots, at the grocery store, at the gas station, to give them
a laptop or a card to get phone minutes because they're trying to do
the college homework on a TracFone,'' says President Cynthia Lindquist.
All TCUs have used significant amount of CARES Act funding to loan or
provide students with laptops, as most students do not have laptops of
their own.
Like most other TCUs, Cankdeska Cikana Community College is also
continuing to serve the broader tribal communities. Cankdeska
administrators worked with their tribe to provide COVID-19 testing in
the college parking lot, while even the president herself delivers
meals, food, and supplies tribal members in need. BMCC, Cankdeska, and
NTU served their tribes and region in other ways as well: early in the
pandemic, these colleges used their 3-D printers--normally reserved for
advanced manufacturing instruction--to produce hundreds of face shields
for tribal and regional health care providers and first responders.
Later, as local governments began easing stay-at-home restrictions, the
colleges provided face shields to local business to help keep their
workers safe. BMCC also made valves for ventilators used in local
hospitals.
Overall, the TCU students who have been able to access the Internet
and who have received laptops or smart phones from their college appear
to be adapting to this ``new normal''; however, none of the TCUs have
been able to reach all of our students. Some--primarily those living on
the vast areas of our reservations without Internet access--are lost to
us. TCUs have not been able to locate all of the students who were
enrolled and attending classes in spring 2020 prior to the pandemic,
and we do not yet know the extent to which enrollment will decline in
the fall, even if we offer classes onsite and in person. The challenges
will be greater for those TCUs that must offer courses entirely online.
The lack of widespread and affordable Internet access in Indian Country
remains a barrier that TCUs alone cannot address. At Tohono O'odham
Community College (TOCC), which serves students throughout the rural
2.8 million-acre
Tohono O'odham Nation--roughly the size of Connecticut--the
percentage of courses completed with passing grades dropped from 64
percent to 52 percent in spring 2020. (TOCC transitioned from over 90
percent face-to-face course delivery to 100 percent online on March
30.) TOCC faculty say that a 52 percent pass rate was better than
expected but ``it cannot be the standard going forward,'' says TOCC
President Paul Robertson.
TOCC students, like many TCU students, face double challenges:
finding Internet access, and being able to pay for it if they can find
it. For many students (as with TCUs), the cost is prohibitively high.
President Robertson notes that ``some TOCC students were thwarted by
lack of access to the broadband they needed to complete their
coursework. Others could not afford the cost of an Internet
subscription from the sole supplier on the Tohono O'odham Nation, nor
could they access Internet from parking lots in front of fast-food
establishments and Starbucks, something some urban students have been
reduced to. The Shell gas station in Sells has a few ``wi-fi parking''
spots and some students have driven long distances to take advantage of
that. That is not a solution. It should not be happening.'' But if the
choice is paying a monthly Internet connection fee or feeding your
family, what are TOCC students to do?
Academic Year 2020-21: Although all TCUs moved to online or
distance education programs for spring 2020, the landscape looks much
different for Fall 2020 (AY2020-21). Of the 37 TCUs, 25 have announced
decisions:
17 TCUs plan to open with a hybrid class schedule, with some
classes online and others in person with physical distancing
precautions.
7 TCUs will open with online classes only, although some of
these colleges will open their dorms in a limited capacity.
1 TCU will open with in-person, onsite classes only, with no
distance education courses at this point. Chief Dull Knife
College (Lame Deer, MT) made this decision due to the small
class sizes, ability to physically distance, and unreliable
Internet access on the reservation, which makes online courses
virtually impossible.
Dine College, with faculty whose average age is 65, is typical of
the 17 TCUs that plan to offer a mix of online and in-person classes in
the fall: Dine College hopes to implement a comprehensive $6.4 million
technology upgrade as rapidly as possible, given funding and
infrastructure limitations. Just this month (July 2020), the
foundational phase was implemented with the expansion of the college's
Internet speed from 280 Mbps to 2000 Mbps on its main campus. This is
the fastest Internet speed (at the main campus) among TCUs. However,
Dine College pays significantly for that access. Its Internet costs are
$31,000 per month, the second highest among TCUs (only I?isagvik
College pays more). Prior to the recent upgrade, Dine College cobbled
together its Internet access from three different providers. The
college also has implemented a laptop loaner program and Wi-Fi device
program, including paid Cellular One service for students who do not
have readily available Internet access. These changes are key to the
college's ability to offer 350 or more courses completely online this
fall, with about 100 classes being offered face-to-face in 31 different
classrooms. To assist students, the college already has distributed
more than $600,000 in emergency funding to students and recently
announced a 50 percent tuition cut for fall classes. Finally, Dine
College is working to establish micro-campuses (small learning centers
with physically distant onsite instruction capacity) at key locations
across the Navajo Nation, such as shopping centers and government
buildings close to students' homes. Students can learn and work
together in a safe environment at the micro-centers, and to the extent
possible, K-12 students might also be able to use the facilities.
Recommendations to Address Challenges TCUs Face in Opening for AY 2020-
21
Although it is difficult to predict how deeply TCUs, their
students, and their communities will suffer due to the COVID-19
pandemic, experts predict that the pandemic will peak in the western
U.S., where most TCUs are located, much later than other parts of the
country. As TCUs begin to plan for an uncertain future (2020-2021
academic year), we turned to data on past economic, academic, and
community patterns to help inform the following recommendations on
specific and known TCU needs, which will help TCUs operate safely in
AY2020-21:
1. $65 million in the Interior-Bureau of Indian Education
account to help Tribal College and Universities address
projected AY-2020-21 losses: Tribal support & tuition cuts;
increased tuition write-offs.
Most TCUs start their fiscal year on July 1. As TCUs plan for
FY2021 (Academic Year 2020-21), we face:
A significant drop in support from chartering Tribal
governments due tribal enterprise revenue losses, the need for
tribes to divert scarce resources to address COVID-19 emergency
public health issues, community safety net expenses, and the
ongoing and staggering loss of casino revenue. As mentioned
earlier: Tribal TCU Payments: 2018-19: $33,331,078; 2017-18:
$31,049,542 (AIHEC AIMS).
Projected declines in enrollment as students drop out or
fail to return because they lack Internet connectivity and
cannot participate in online classes or because they need to
increase work hours (if jobs are available) to help support
families in economic crisis. Total TCU Tuition Received: 2018-
19: $23,188,584 (AIHEC AIMS); 2017-18: $25,503,359 (IPEDS).
Inability of most TCUs to conduct summer classes, due to
the need for intensive faculty professional development in
online learning, advising, and assessment to maintain regional
accreditation and the need to complete extensive course and
management redesign for the fall semester because of increased
online teaching. Summer Tuition and Fees: 2018-19: $1,692,995
(AIHEC AIMS)
Growing financial challenges facing students who persist
and try to complete their degree programs, resulting in TCUs
having to write off more tuition payments than in previous
years. Annual TCU Tuition Write-off: 2018-19: $4,000,595; 2017-
18: $2,906,650 (AIHEC AIMS).
American Council on Education (ACE) ``Survey of COVID-19
Costs of Reopening for Institutions of Higher Education'': In
June 2020, ACE conducted a national survey on the costs of
reopening campuses and/or delivering classes online in academic
year 2020-21. (This survey was like one conducted by AIHEC
early in the pandemic.) ACE surveyed IHEs in eight areas: PPE;
disinfectant level cleaning, including supplies; testing; new
housing; lost revenue and increased revenue costs: housing,
staffing, IT; isolation/quarantine; social distancing
(retrofitting classrooms and other campus spaces); and other.
U.S. Department of Education IPEDS data was to calculate a per
student cost. Using only institutions that could estimate costs
by category (4-year, larger institutions), ACE averaged the
costs and then divided by total IPEDS student enrollment of the
surveyed IHEs. The additional cost per student is estimated at
$2,400.
For TCUs, this figure is higher because: (a) IPEDS does not
accurately reflect enrollment at TCUs using FTE, because of the
high number of part-time students at TCUs; (b) historic
inequities in funding and geographic location (e.g. lower IT
access, capacity, and equipment; cost of providing services in
rural areas the size of some states versus in compact urban
areas); (c) student demographics (As stated earlier, TCUs serve
students at higher risk that mainstream institutions--84
percent receive Pell benefits, as opposed to 31 percent
nationally); and (d) the ACE survey did not include mental/
behavioral health counseling; faculty professional development/
training (for online instruction); and certain sunk costs that
are incurred regardless of size with lower student numbers to
spread costs across. To account for these factors, increasing
the cost by one quarter for TCU students, the overall TCU need
is estimated at $66,000,000.
2. $24 million in existing USDA-Rural Utilities Service Program
funds for a permanent Rural TCU-IT Fund.
To address a key part of the digital divide/homework gap and long
term IT capacity building in Indian Country, Congress should establish
a permanent TCU Fund under the USDA-Rural Utilities Service, in either
the Community Connect fund or the Reconnect program. Approximately $24
million in TCU set-aside funds is needed for this program, based on
AIHEC's extensive and data informed analysis. (See Appendix A.) *
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* The information referred to has been retained in the Committee
files.
If TCUs had adequate funding currently for IT infrastructure
support, they would have put in place many of the community-
based mobile hot spots needed to address the ``homework gap''
on many reservations. It is important to note that any program
to provide tax credits to existing Internet Service Providers
for providing free Internet access to students provides little
or no help in Indian Country because the IT infrastructure does
not exist: 68 percent of those on rural Tribal lands lack
access to fixed broadband, according to a 2016 FCC Broadband
Progress Report. And for TCUs that do have broadband access,
Internet capacity is inadequate. More than one-third of all
TCUs (16) have Internet speeds at 100 Mbps or less--four are
below 50 Mbps, compared to national averages of 513 Mbps for 2-
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year institutions and 3.5 Gbps for 4-year institutions.
Establishing specific funds for Land-grant institutions is not
unusual. In the last reauthorization of the Farm Bill, for
example, Congress established a permanent $40 million
scholarship fund for 1890 Land-grant institutions (Historically
Black Colleges and Universities), and Congress annually funds a
modest TCU communities facilities construction set-aside
program within the USDA-Rural Development Community Facilities
program.
3. $500 million in the Interior-BIE account for a TCU Deferred
Maintenance & Rehabilitation Fund, as authorized under the
Tribally Controlled Colleges and Universities Assistance Act.
AIHEC recently conducted a survey of 22 TCUs, which revealed a
list of chronic facilities-related needs, including student and
faculty housing, classrooms, libraries, and laboratories.
The 22 TCUs have an estimated total need of $332.5 million in
deferred maintenance and rehabilitation and need $558 million
to fully implement existing master plans. Extrapolating this to
all 37 TCUs, the total current need is: Deferred Maintenance/
Rehabilitation: $500 million; Completion of Master Plans: $837
million. (See Appendix B.)
4. Inclusion of all ``Tribal Colleges and Universities'': To
ensure that all TCUs are included in new federal programs and
opportunities, the term ``tribal colleges and universities'',
defined in section 316(b) of the Higher Education Act of 1965
(20 U.S.C. 1059c), should be used:
TRIBAL COLLEGE OR UNIVERSITY.--The term ``Tribal College or
University'' means an institution that--(A) qualifies for
funding under the Tribally Controlled Colleges and Universities
Assistance Act of 1978 (25 U.S.C. 1801 et seq.) or the Navajo
Community College Act (25 U.S.C. 640a note); or (B) is cited in
section 532 of the Equity in Educational Land-Grant Status Act
of 1994 (7 U.S.C. 301 note). (20 U.S.C. 1059c)
There are five different types of TCUs:
29 Tribally chartered colleges funded under Titles I and
II of the Tribally Controlled Colleges and Universities
Assistance Act (TCU Act);
2 Tribally controlled career and technical colleges funded
under the Carl Perkins Act and more recently, Title V of the
TCU Act;
2 BIE-operated colleges;
1 Congressionally chartered AI/AN college; and
1 State/Tribal hybrid college chartered by the state of
Minnesota and one Indian tribe.
5. Ensure Inclusion of TCUs in BIE/DOI Education Planning--
Address BIE/DOI Neglect of TCUs in Long-term Planning: Within
the various levels of the U.S. education system, ``the Bureau
of Indian Education (BIE) serves as the principal government
agency in upholding the United States' educational obligations
to Indian tribes and their eligible Indian Students.'' (DOI FY
2021 Budget Justification, p. 7) Beginning with early childhood
education, the BIE provides funding for the BIE Family and
Child Education Program (FACE) which serves children and adults
through home-based and preschool-based services. For K-12
education, the BIE often serves in a ``State Education Agency
(SEA)'' capacity, providing direct support and funding to 183
elementary and secondary schools and dormitories. For
postsecondary education, the BIE administers grants to operate
29 TCUs, two tribal technical colleges, two federally operated
postsecondary institutions, and several postsecondary
scholarship programs. However, the TCUs, which serve about
44,000 students each year in academic program, or about 40
percent of all students in schools funded by the BIE, often are
neglected or discounted by the Department of the Interior and
BIE in planning efforts, new initiatives, annual budgeting
processes, and most recently, in the BIE share of COVID-19
Emergency Stabilization Fund support.
For example, the annual BIE budget justification to Congress
routinely includes funding requests for construction,
facilities, improvements, repairs, and employee housing for BIE
elementary and secondary schools but consistently fails to
include any request for TCU facilities, maintenance, or
renovations. Congress and BIE have the ability to provide
desperately needed infrastructure funding to TCUs through
section 113 of the Tribally Controlled Colleges and
Universities Assistance Act, which authorizes a TCU facilities
report and construction program (25 U.S.C. 1813). However, the
program has never been funded in the 42 years since its
enactment.
Additionally, the BIE FY 2021 budget justification includes a
$5 million request for broadband expansion to ``support high-
cost special fiber construction efforts and increased monthly
circuit costs for remaining schools without access'' (emphasis
added) and upgrades ``to recommended educational standards [100
mbps] to provide appropriate Internet connectivity to keep pace
with public schools'' (DOI FY 2021 Budget Justification, p.5).
As stated earlier, TCUs also experience similar barriers in
obtaining affordable and consistent Internet connectivity, but
the BIE has yet to include a TCU broadband funding requests in
its annual budget justification. (Note: BIE K-12 elementary and
secondary schools participate in the federal E-rate program,
which provides discounted Internet service and equipment up to
90 percent. TCUs are not eligible to participate in this
program.)
Similarly, on July 8, 2020, during a BIE virtual listening
session regarding the distribution of $153.75 million in CARES
Act Education Stabilization Fund support, the BIE announced its
plan to reserve 10 percent of the $153.75 million fund for
Bureau-directed activities (approximately $15.375 million), $5
million of which would be used to support ``five BIE K-12
schools to bring them up to a minimum Internet service of 100
Mbps'' (apparently disregarding the fact that four TCUs also
have Internet speeds below 50 Mbps) and $8 million to support
mental/behavioral health at BIE K-12 schools; $108 million
would be provided directly to BIE K-12 schools (for a total of
about $121 million), and TCUs would receive $30 million. This
announcement is in complete disregard to the previous 2.5
virtual listening sessions and submitted comments regarding the
distribution of BIE Education Stabilization Fund support:
during the listening session and in subsequent written
comments, the overwhelming majority of participants--and
virtually all Tribal leaders who spoke--requested that the
funding be apportioned between K-12 schools and the TCUs
equitably, based on the percentage of students, which would be
a split of roughly 60-40 percent, or $103 million for K-12
schools and $50 million for TCUs. While every school and
community is facing challenges as we work to provide services
supporting learning during this pandemic, we are extremely
disappointed in the BIE's decision to exclude TCUs from BIE-led
emergency support initiatives and to disregard repeated calls
for equity in funding. \1\
---------------------------------------------------------------------------
\1\ The Historically Black Colleges and Universities Preservation
Building Fund (54 U.S.C. 302101) is another example of TCU exclusion by
DOI. Despite DOI's treaty and trust obligations and failure to support
TCU infrastructure, DOI provides grant funding to HBCUs to document,
preserve, and stabilize historic structures on HBCU campuses. Since
program inception in 1988, DOI has awarded over $60 million to HBCUs to
assist in repairing historic buildings. No similar funding has been
provided to TCUs, even though TCUs--including Haskell Indian Nations
University, which the BIE/DOI owns and operates--have historic
structures on their campuses.
While the entire BIE system has been chronically underfunded,
the ongoing global pandemic has intensified to the need for
long-term investment in IT infrastructure for TCUs and BIE K-12
schools. To address these issues, Congress recently passed the
Great American Outdoors Act (H.R. 1957) which includes funding
for the BIE. The forthcoming National Parks and Public Land
Legacy Restoration Fund includes funding for ``priority
deferred maintenance projects'' at Bureau of Indian Education
schools (5 percent of the fund). AIHEC strongly recommends that
DOI and BIE develop a plan to equitably include TCUs in this
fund and future budget requests; otherwise, TCUs will continue
---------------------------------------------------------------------------
to be neglected.
6. Increase BIE Share of the Education Stabilization Fund to at
least 1 percent and Specify TCUs as Beneficiaries, Along with
Elementary and Secondary Schools: Through the CARES Act ``one
half of one percent'' was provided to the BIE for ``programs
operated and funded'' by the BIE. We recommend the following
clarifications for any funding under the Education
Stabilization Fund, established in the CARES Act:
Increase funding for BIE to at least 1 (one) Percent:
Combined with historical and chronic underfunding, students at
BIE schools, including TCUs, have been impacted more profoundly
than any other students in the country. To provide better
support for all students at BIE schools, including TCUs, and
help more schools open in the fall, additional support is need.
Specify BIE K-12 schools AND Tribal College and
Universities as funding recipients; require equitable
distribution between BIE K-12 schools and TCUs based on
students served: As evidenced with the CARES Act-BIE Education
Stabilization Fund, if Congress does not include direct and
specific language to fund the TCUs, DOI may not provide funding
to TCUs, or will under-fund TCUs for arbitrary reasons. Because
the CARES Act did not specify a distribution formula between
BIE K-12 schools and TCUs for the $153 million BIE Education
Stabilization Fund, Department of Education (ED) staff first
recommended that TCUs receive no funding under this fund. DOI
and ED then decided to conduct several tribal consultation
sessions about this funding, which further delayed the release
of funds. Three months after the enactment of the CARES Act,
BIE released only 20 percent of the fund to TCUs, while the
rest was used for BIE K-12 schools and other BIE contracts. It
is important to note that of the overall BIE student count,
TCUs serve 40.84 percent and K-12 schools serve 59.15 percent.
Based on this experience, we are fearful that without a
specific directive to include TCUs with a requirement to
equitably distribute funds based on the number of students
served, DOI and ED will exclude or reduce funding for TCUs in
future relief aid.
7. Provide 10 percent for TCUs from any Department of Education
Minority Serving Institution (MSI) Education Stabilization
Fund/Emergency Education Relief Fund: Under the CARES Act,
Congress provided 7.5 percent of the Higher Education Emergency
Relief Fund for TCUs, HBCUs, HSIs, other minority-serving
institutions and other institutions funded under Title III,
Title I, and Title VII of the Higher Education Act. This
funding totaled approximately $1.046 billion. Congress
allocated this funding to each institutional category according
to the percentage allocated in FY 2020 appropriations. Using
this allocation method limited TCUs to 5 percent of the MSI
Fund, which resulted in $50.469 million to be split among 35
TCUs. While the overall funding made available to the MSI
community was sizeable, allocation of funding among MSI
categories based on FY 2020 appropriations further perpetuates
the inequitable funding of TCUs. TCUs need at least 10 percent
to support pandemic-related needs and to partially account for
past inequities and the growth of new TCUs over the past 10
years. (Chronic inequities in funding cannot be addressed using
formulas that helped create the inequities in the first place.)
CARES ACT FUNDING
------------------------------------------------------------------------
Total Number of Total
Institutions Institutions or BIE ED Funding CARES
Students Funding Act
------------------------------------------------------------------------
TCUs 35 TCUs; 31,767 $69 MSI-TCU Fund: $117.6 M
AI/AN Students million $50.47 M; 90
Fund: Percent Fund:
$22.9 M; $13.55 M; ED
BIE ESF: Total: $64.0M
$30.7 M;
BIE
Total:
$53.6 M
BIE K-12 46,000 AI/AN $69 N/A $167 M
Students million
Fund: $
47 M; BIE
ESF: $121
M; BIE
Total:
$167M
HBCUs 99 HBCUs N/A MSI-TCU Fund: $1.11
$577.59 M; 90 Billion
Percent Fund:
$352.91 M; ED
Total: $1.11 B
Non-Tribal 29 State/ N/A MSI-NASNTI: $ At least
``Native Private 6.12 M; 90 $61.1M,
Serving'' Colleges percent Fund: unsure
Colleges (10 $54.98 M; ED of
percent of Total: $61.1 M State
self-reported ESF
students) support
------------------------------------------------------------------------
8. Department of Education Stabilization Fund/Education
Emergency Relief Fund vs. BIE Direct Supplemental: AIHEC
Recommends Funding from Both ED and BIE Due to Inequities: Both
agencies should provide funding to TCUs, as illustrated in the
chart above. As federal agencies, treaty and trust obligations
apply to both departments. Both must be held accountable in
their support of tribal sovereignty regarding both K-12 and
higher education. The federal government has neglected and
historically underfunded American Indian and Alaska Native
education, particularly higher education, and both funding
sources should be provided, particularly during the national
pandemic. While most public institutions of higher education
receive funding from both state and federal sources, TCUs do
not receive funding from states. TCUs rely on the BIE for
operating funding. For these reasons, we recommend that TCU
funding be provided through both vehicles: ED Education
Stabilization Fund/Education Emergency Relief Fund and BIE
direct support.
Thank you for the opportunity to provide testimony today. We look
forward to continuing to work with the Senate Committee on Indian
Affairs in the coming weeks and months, as we strive to safely reopen
our schools, communities, and the entire nation.
The Chairman. Thank you to both of our witnesses.
Dr. Yarlott, my questions are for you. How has shifting to
the distance learning impacted the learning at tribal colleges
and universities? What are some of the pluses and minuses?
Dr. Yarlott. I would say there are more minuses than
pluses. I can only speak with our experiences. I know that
other TCUs have experienced similar, some worse, some a little
bit better off. Shifting to online was a steep learning curve
for our faculty. They fell back on what they were comfortable
with, whether it was Zoom, whether it was via Facebook,
YouTube. And we had mixed results.
Even though we may have had those abilities on our faculty
side, that didn't mean that we had a similar experience with
our students. Many of our students didn't have access to
internet, wi-fi, they tried to get to where they could connect.
And some students just had their cell phones, which was vastly
inadequate as far as trying to do homework. All they could do
was communicate back and forth. In certain situations, they
just dropped off completely.
The Chairman. Tribal colleges and universities also provide
important job skills to the economy. For example, in Bismarck,
North Dakota, we have the United Tribes Technical College. They
provide, among other things, certification in heavy equipment
operations, automotive, culinary, those kinds of things which I
think are extremely useful and in demand for the economy right
now.
We are getting a lot of feedback. Somebody may need to mute
their microphone.
Again, Mr. Yarlott, what jobs, where I am going with this
is what job skills should tribal colleges and universities be
focusing on?
Dr. Yarlott. I think the service sector is in high demand,
because of the needs of people. With COVID, with the shelter in
place in a lot of places, safety concerns come up. For us, with
the trucking business, we do have a CDL program there at Little
Big Horn College. We know that there is going to be need for
those truck drivers.
So we worked it out so that half our students will be on
campus driving, the other half will be sitting in the
classroom, doing the instruction. We know that there is a high
need here. So we tried to keep their programs going in that
situation. I am pretty sure that other TCUs have done something
similar, because they know that not only the services are going
to be in need, but will also provide some employment for these
students.
The Chairman. Thank you, Mr. Yarlott. With that, I will
turn to the Vice Chairman.
Senator Udall. Thank you, Mr. Chairman.
Dr. Yarlott and President Hinds, we have heard a number of
times today about the delays and missteps related to BIE's
release of COVID-19 funding, approval of waiver requests and
providing distance learning and safety guidance. As you have
noted, this is having negative impacts on the ground for school
leaders, students, and teachers.
Do you feel confident that all TCUs and BIE schools have
the resources they need to safely begin instruction for the
upcoming school year?
Dr. Yarlott. I would say that no, we don't have adequate
resources. Mostly for us it is internet access, the ability to
provide to the tools to the hands of our students so they can
access. As I had mentioned earlier, many of those students have
cell phones, but the connectivity is an issue. Being a rural
areas, some places don't have access at all.
I will use myself as an example. When I go home, my cell
phone doesn't work, because I don't have access in those areas.
I do have a land line that I can connect to the internet, but
when we had a grant program that came through and was putting
in line, fiber lines, we had to provide trespass for the
company to come in and put in the line. Many of our tribal
members did not waive the trespass permit.
So because of that, they don't have that fiber into their
residences. So in many cases those students will have to come
into some place where they do have wi-fi access.
We have talked about hot spots. Even if we provided hot
spots, if a student is living in a home where there is multiple
equipment, handheld technology, they drain that internet, the
service right away. It still becomes difficult for them to work
on their homework.
Senator Udall. President Hinds, do you have a response to
that question?
Ms. Hinds. Yes, thank you. Several Bureau-fund schools
experienced spread of COVID-19 among essential staff and the
wider community when BIE education program administrators
failed to comply with tribal and State orders to close schools.
This is unacceptable. Our educators and staff must not be
forced to choose between their lives and their livelihood. The
wellbeing and safety of all, including those who are on the
front lines of giving an opportunity in our communities must be
protected.
Also, despite the allocations of emergency education
funding for Bureau-funded schools under the CARES Act, our
schools did not report receipt of funding until three months
after Congressional approval. Today, many schools report that
emergency funds proved only enough to cover basic personal
protection equipment for staff and students.
Congress must invest in programs and services critical to
our schools to function. Increased cleaning and sanitation,
greater demand on outdated transportation and facilities, and
the need to plan for possible spread in schools all place
greater stress on stretched budgets for BIE schools.
Senator Udall. This follow-up question is also for both of
you. Can you provide examples of how the funding delays
impacted Native students and how it is impacting your
preparations for the coming school year?
Dr. Yarlott, President Hinds?
Dr. Yarlott. Would you repeat the question?
Senator Udall. Of course. Can you provide examples of how
the funding delays impacted Native students and how it is
impacting your preparations for the coming school year?
Dr. Yarlott. I will start off by how it impacted us this
this spring. When we had to go directly to online once we had
the closures here in the State of Montana, having access for
our students was tremendous. Because many of our students
didn't know how to respond to online instruction. They relied
on emails going back and forth. Not having the resources in
order to provide for them.
One of the things that also occurred was because the K
through 12 students were also shut down, they had to be home
with their children, which also meant that it distracted them
as far as getting their work done. Just the ripple effect of
all the different things that came about, having to shelter in
home.
The transportation systems on the reservation also shut
down. So it is all those kinds of things that affected our
students.
As administrators at Little Big Horn College, we had to sit
down and try to deal with all the different factors, knowing
that we were trying to plan for things that are unknown, using
information we could have from CDC and different avenues, and
then turn around to see what resources we had on hand, without
having access to emergency relief.
Senator Udall. President Hinds, did you have a response to
that last question?
Ms. Hinds. Yes. There are definitely funding problems
throughout Indian Country. With the funding delays negatively
impacting our school operations, and talking to other
communities within northern New Mexico and the southern
Pueblos, it is definitely creating a negative impact. Because
funding has been limited, they are using funds for PPE
products. Of course, there is broadband and internet in tribal
communities. Everybody is trying to prepare and get ready to
open schools whether it is with a hybrid program, or with doing
distance learning.
But without more funding, that is critical to all the
schools that need this to prepare for the school opening. We
certainly need all the funding that we can get to safely open
schools for our students and for our teachers in the community.
Senator Udall. Mr. Chairman, are you going to do a second
round?
The Chairman. No.
Senator Udall. Okay. I have a couple more questions.
The Chairman. Well, Senator Cortez Masto wants to ask
questions as well.
Senator Udall. Oh, yes, of course.
The Chairman. I will come back to you. Senator Cortez
Masto.
Senator Cortez Masto. Thank you so much.
Just very briefly, clearly what we heard today highlights
the challenges already existing in Indian Country. I think the
Coronavirus pandemic has really shined a light on existing
inequities that we see in our tribal communities, inadequate
broadband, aging school facilities, lack of basic
infrastructure already existed. Now we are asking them to open
during the middle of a health care crisis, and we are not
giving them the funding they need to already address how, with
the existing inequities, but to keep their students safe and
provide e-learning and so many other things that are necessary.
I really don't have a question, because you have answered,
and you have said over and over again that the funding needs to
come for all of these areas we have talked about. But what I
hear is that right now, the money that we have allocated
through the CARES Act to address a number of these issues under
the pandemic, you have only received it, so much so that it
goes toward PPE and that is it.
Is that correct, what I am hearing from both of you? That
the money from the CARES Act, and it was delayed, and I
strongly disagree with that degree, it should never have been
delayed. But right now, the money that you have received has
only gone toward PPE, is that correct? Is that what I am
hearing, President Hinds?
Ms. Hinds. In my own community, with our spending plan, we
had put money toward PPE and also for laptops and instructional
programs to help our teachers who, if we do need to go into
distance learning, we need to have those programs, and we also
need to have training. We need training not only for our
parents, but also for our teachers. So that is where our funds
have gone to.
Senator Cortez Masto. Okay. So when you say that, are there
additional funds that you need, obviously, to continue, not
only what you have just talked about, but other needs to be
able to safely reopen schools?
Ms. Hinds. Definitely. We are buying our PPE products, but
also our staff, they need resources to fund the programs to go
online. We purchased a math and reading program, but that was
it. We are going to need a lot more programs for distance
learning. Because, knock on wood, our community has not had any
cases of COVID-19. We are a small tribal community.
But should we need to go to distance learning, we need the
hot spots, we need buses or vans or mobile devices to help our
students, not only just our students at our schools, but our
students go to school at Santa Fe Indian School and Pojoaque
High School. So all of this is need for the learning
opportunities that the kids need. We have been trying to get
those hot spots, we have been trying to get all these things.
It is just coming up with the funds, and looking into getting
all this into our communities.
Senator Cortez Masto. Thank you.
Dr. Yarlott, the funding that has come in so far for higher
education, can you let me know what that is and what your needs
still are?
Dr. Yarlott. I would say that similar to what President
Hinds said, we have purchased our PPE, we have tried prioritize
what we can do as far as technology, in order for our students
to be able to access technology for online learning. But first,
we had to provide those for our faculty members also.
We also had to continue to operate, so we then minimized
contact on our campus. We went to a two-day work week, if you
will; we worked two days on campus, those could work remotely,
we set them up to work from home. So we had to support them
also.
The other thing that we have faced is with our students,
even though like I mentioned before, if they had a handheld
device, if they didn't have internet access, they would use up
their data, which really increased their [indiscernible] cost.
So we tried supporting them in that way, which is barely
adequate.
The things we are trying to do is working with our
community partners, whether it is local schools, local high
schools, trying to set up hot spots in those areas, so that our
students can go into a safe location. We don't want them
sitting out there somewhere where they are vulnerable. So we
are trying to look at the security and safety measures along
with that.
So some of those things that we are trying to work on, even
though we provide those, then we also have to consider food,
childcare, all those kinds of things that are normal, if you
want to consider what normal is, what they would have, now they
are having to make an adjustment. So we are also trying to help
in that sense.
Having said that, when people are sheltering in place, we
become concerned about their mental health also. What are we
going to do for them in that sense? Are we going to be able to
provide counseling services? In our situation and in our
location, we have a lack of those kinds of services. Where do
we go to provide those services to our students?
Senator Cortez Masto. Thank you. And thank you to the
panel, thank you both for joining us today. We so appreciate
your comments and all of the good work that you are doing.
Thank you, again.
The Chairman. Thank you, Senator Cortez Masto.
I will turn to the Vice Chairman for some additional
questions.
Senator Udall. Thank you, Mr. Chairman, and in light of the
fact that the vote has gone off, I will submit questions for
the record, which I hope the witnesses will give back to us
promptly.
By way of closing, it is clear to me the BIE was not
prepared for this hearing today. I am beyond frustrated by what
I saw here today. As I said in my opening, this is absolutely
unacceptable. I would yield back to the Chairman.
The Chairman. With that, I will thank our second panel,
both President Hinds and Dr. Yarlott. I would ask that for all
of the witnesses, that for any questions that are submitted for
the record that they respond within the hearing record time of
within two weeks.
With that, we are adjourned.
[Whereupon, at 4:51 p.m., the hearing was adjourned.]
A P P E N D I X
Prepared Statement of Kevin J. Allis, CEO, National Congress of
American Indians
On behalf of the National Congress of American Indians (NCAI),
thank you for holding this hearing and for the opportunity to submit
this written testimony. Founded in 1944, NCAI is the oldest and largest
representative organization serving the broad interests of tribal
nations and communities. Tribal leaders created NCAI in 1944 in
response to termination and assimilation policies that threatened the
existence of American Indian and Alaska Native (AI/AN) tribal nations.
Since then, NCAI has fought to preserve the treaty and sovereign rights
of tribal nations, advance the government-to-government relationship,
and remove historic structural impediments to tribal self-
determination.
Presently, Indian Country is facing barriers in ensuring AI/AN
students have equal access to education across our nation due to the
underfunding of the Bureau of Indian Education, inadequate facilities,
limited access to broadband, difficulty recruiting and retaining
teachers, and a lack of culturally appropriate educational
opportunities. These issues impact the quality of AI/AN education and
will affect BIE school re-openings. To aid the Committee's work, below
we have addressed current conditions, the impact of delayed relief
funds, and outstanding relief needs.
COVID-19's Disparate Impact on Tribal Communities is a Result of the
Underfunding of the Federal Trust and Treaty Responsibility
The COVID-19 pandemic has disproportionately impacted AI/AN
students due to underlying education and living disparities that are a
result of the chronic underfunding of the federal government's trust
and treaty responsibilities. There are approximately 620,000 AI/AN
students enrolled in public schools, both in urban and rural areas,
while 48,000 attend BIE schools. There are 183 BIE-funded schools
located on 63 reservations in 23 states. The most recent data shows the
high school graduation rate for BIE students is at 67 percent compared
to the national average of 85 percent for the rest of the country. \1\
\2\
---------------------------------------------------------------------------
\1\ U.S. Department of the Interior, Budget Justification and
Performance Information, FY 2021 Bureau of Indian Education, https://
www.doi.gov/sites/doi.gov/files/uploads/fy2021-budget-justification-
bie.pdf.
\2\ National Center for Education Statistics, Fast Facts: High
school graduation rates, https://nces.ed.gov/fastfacts/
display.asp?id=805.
---------------------------------------------------------------------------
Prior to the pandemic, the federal government recognized that AI/AN
students were being educated in inadequate facilities. For example, the
Department of the Interior identified $629 million in deferred
maintenance for BIE funded education facilities and $86 million in
deferred maintenance for BIE educational quarters, including severely
overcrowded classrooms. \3\ In addition to the crumbling physical
infrastructure, tribal communities disproportionately lack the
infrastructure to engage in remote education.
---------------------------------------------------------------------------
\3\ Statement of Jason Freihage, Deputy Assistant Secretary For
Management Office Of The Assistant Secretary For Indian Affairs
Department of The Interior Before The Subcommittee On Interior,
Environment, And Related Agencies, House Committee on Appropriations on
Education Facilities And Construction (July 24, 2019), https://
www.congress.gov/116/meeting/house/109835/witnesses/HHRG-116-AP06-
Wstate-FreihageJ_20190724.pdf
---------------------------------------------------------------------------
According to a Government Accountability Office report, only 65
percent of individuals living on tribal lands had access to fixed
broadband in contrast to the access rate of 92 percent for all
Americans. \4\ Further, 34 percent of Native students nationwide do not
have Internet access in their homes, compared to 23 percent of students
nationwide. \5\ In addition to these infrastructure disparities that
result in less than ideal learning conditions, the BIE has historically
had difficulties with recruiting and retaining highly effective
teachers. Inadequate housing, the inability for tribally controlled
schools to provide their staff Federal Employee Health Benefits, and
low salary make it difficult for quality teachers to consider careers
in the BIE system.
---------------------------------------------------------------------------
\4\ Tribal Broadband, FCC Should undertake Efforts to Better
Promote Tribal Access to Spectrum, November 2019, United States
Government Accountability Office, https://www.gao.gov/assets/700/
695455.pdf
\5\ Alliance for Excellent Education, Future Ready Schools,
Students of Color Caught in the Homework Gap, https://futureready.org/
homework-gap/
---------------------------------------------------------------------------
Congressional COVID-19 Funding Delays and Administrative Hurdles
Initially, tribal and educational leaders were hopeful after the
Coronavirus Aid, Relief, and Economic Security (CARES) Act was enacted
because $153.75 million was allocated under the Department of
Education's ``Education Stabilization Fund'' to programs operated or
funded by the BIE. In addition to these funds, $69 million was
appropriated directly to the BIE to prevent, prepare for, and respond
to coronavirus. On March 31, 2020, NCAI sent an intertribal
organizational letter alongside the National Indian Education
Association to both the Departments of Education and Interior
requesting that funds allocated under the CARES Act be disbursed
quickly and with maximum flexibility to BIE funded schools. \6\ Despite
this request, it was not until April 28th and 30th that the Department
of Education held formal tribal listening sessions regarding the
disbursement of the $153.75 million in funding. Finally, on June 9th,
the BIE began distributing their directly appropriated $69 million to
BIE schools, and on July 2nd the agency began distributing the $153.75
from the Department of Education. \7\ This 97-day delay in releasing
funds impaired access to distance learning, hindered schools from
preparing for summer programming, and delayed assessment of technology
needs as described in NCAI's testimony before the U.S. Commission on
Civil Rights Hearing on COVID-19 in Indian Country. \8\
---------------------------------------------------------------------------
\6\ Intertribal letter to the Department of Education, the
Department of the Interior, and the Department of Health and Human
Services, (March 31, 2020), http://www.ncai.org/Covid-19/
administrative/FINAL_COVID-19_Tribal_Education_Letter.pdf
\7\ U.S. Department of Interior, BIE Listening Session, (July 2,
2020), https://www.bia.gov/sites/bia.gov/files/assets/asia/opa/
BIE_CARES_Act_Slides%20-%20July%202nd%20Update.pdf
\8\ National Congress of American Indians, Testimony before U.S.
Commission on Civil Rights Hearing on COVID-19 in Indian Country: The
Impact of Federal Broken Promises on Native Americans, (July 17, 2020),
http://www.ncai.org/resources/testimony/written-testimony-of-president-
fawn-sharp-at-the-hearing-on-covid-19-in-indiancountry-the-impact-of-
federal-broken-promises-on-native-americans
---------------------------------------------------------------------------
Additionally, communication from the BIE on distance learning
guidance, responding to inquiries on the status of funding, and now
school reopening has been inadequate at best. For example, following
the BIE's March 14, 2020 letter announcing school closures, it took the
agency two weeks to issue a two-page guidance memorandum on how to
implement distance learning. \9\ This guidance was severely lacking and
included items such as ``Plan for Student Learning: Build on a
student's .strengths, interests, goals, and needs, and use this
knowledge to positively impact student learning.'' This guidance
contained very little assistance to address how to educate students who
lacked technical aids such as computers, broadband, and sometimes even
phone access.
---------------------------------------------------------------------------
\9\ U.S. Department of the Interior, Dr. Tamarah Pfeiffer, Chief
Academic Officer, Bureau of Indian Education Academic Guidance
Memorandum, (March 30, 2020), https://beta.documentcloud.org/documents/
20074199-bureau-of-indian-educationacademic-guidance-memorandum-march-
30-2020
---------------------------------------------------------------------------
Outstanding COVID-19 Relief Needs
As BIE funded schools begin to plan for the 2020-2021 academic
year, it is clear that our K-12 schools do not have the resources and
educational infrastructure to ensure a safe return for our students. To
address this, 21 national and regional tribal organizations wrote to
Congress to convey tribal priorities in different sectors including
education. \10\ These requests were endorsed by the House Native Caucus
and include, but are not limited to, the following: (1) investment in
emergency broadband access and deployment for BIE schools and tribal
communities; (2) at least $1 billion in emergency funding to address
the backlog of unfunded repairs and renovations at Bureau-funded
schools which are especially needed to address overcrowded classrooms;
and (3) at least $1.5 billion to BIE funded schools to meet the health,
safety, and educational needs of students due to the impacts of COVID-
19.
---------------------------------------------------------------------------
\10\ Inter-tribal Letter to Congress on Tribal Priorities for
COVID-19 Relief Package, (July 20, 2020), http://www.ncai.org/Covid-19/
indian-country-priorities-for-covid19-stimulus/Tribal_Inter-
org_COVID_Relief_Letter---7.20.2020--FINAL-.pdf
---------------------------------------------------------------------------
Conclusion
Thank you again to the Committee for holding this important hearing
on the reopening of our BIE schools. We look forward to working with
this Committee on a bipartisan basis to ensure the U.S. upholds its
trust and treaty responsibilities to Indian Country with respect to
education.
______
Prepared Statement of Jordan Etcitty, Executive Director, Dine Bi Oita
School Board Association, Inc.
BIE School Site Closures/Reopening
Dear Mr. Dearman, In your testimony, you reported that you ``worked
directly with tribes and school leaders'', however, in reality, the
Bureau of Indian Education did not provide any communication during the
days the pandemic hit the Navajo Nation except to direct the BIE
schools and your administrative support offices to close. We understood
the necessity to close the schools to on-site student instruction and
staff close interaction. However, we believe that no one on your staff
even considered the concept of remote learning and the school staff
teaching from remote locations. It has been reported from School
Boards, School Administrators, and Educational Support Programs within
Navajo Nation that the BIE went silent since the pandemic and direction
was not given. Since, there had been no direction from the BIE.
contrary to what you stated in your testimony, the majority of the
schools were closed. This meant that students were completely ignored,
including withdrawing the Child Nutrition Program at the start of you
directive. However, several BIE Tribally Controlled Schools stepped up
without the assistance of BIE, and did provide services by providing at
least the noon meal via home deli very of prepackaged meals and started
planning then implementing Virtual instruction by working with their
telecommunications providers. While these schools were providing
services the BIE Operated Schools were totally dormant with respect to
academic instruction.
Since Late-March until early July the BIE did not provide any
administrative or technical support. To date, there is no formal plan
for administrators and staff for reopening. The BIE simply went mute on
the direction for any type of planning process to provide education to
our students. You did provide listening sessions July 9, 10, and 14,
2020, however. most Navajo Grant Schools had begun their phases on
reopening, without the assistance of BIE. Some of these schools are
starting their distance learning curriculum this week. Whereas, the BIE
Operated schools per your instructions can not start distance learning
until September 16.
Also. we feel you need to know that the respective State
Departments of Education, providing services to our Navajo youth, began
planning and communicating to their School Districts in early June
their plans to start their schools in August with virtual learning
models and hybrid models. The New Mexico Public Education Department
(NM PED) even provided our BIE Students in New Mexico 2,500 Chrome
Laptop computers to expedite the start of virtual instruction.
Cares Act
We are grateful for the allocation of CARES ACT funding using the
WSU method, which is the only fair and equitable distribution funding
for BIE-funded schools. However, we had to send written pleas to you to
consider our advice on the WSU distribution because early indications
telegraphed by your staff indicated that this method was not going to
be used. However, because of what we perceive, as a lack in timely
decisions, these funds were distributed three months after
appropriated. Because of this delay, schools now are delayed in
acquiring the necessary logistical support items to implement virtual
instructions and the staff training associated there with.
Conclusion
The Bureau of Indian Education needs to work directly with school
leaders and the education entities associated with these leaders
whether the school is directly operated by the BIE or a BIE funded
Tribally controlled school. A large majority of the BIE funded and
directly administrated schools have many administrators with direct
expertise in school operations. Perhaps you might consider taping into
their expertise as part of your decisionmaking that impacts these
schools. I would also like to bring to your attention that we are
starting to receive comments that it is appearing that the BIE operated
schools are being shown favoritism in the distribution of resources and
if this seems to be true we trust that you will inform your staff to
treat every BIE school equally.
The current pandemic has brought to light the many challenges that
we face, and we respectfully request that BIE work in a cooperative
manner with tribal governments and school boards.
______
Response to Written Questions Submitted by Hon. Tom Udall to
Marita Hinds
Question 1. Earlier this year, NIEA published a report that
contained results of an NIEA survey of members, educators, leaders, and
stakeholders from April 21-30, 2020.1 This report shows that 20.9
percent of BIE schools and four percent of Native-serving local public
schools ``closed for the school year'' during the COVID-19 pandemic. It
also shows that 34.3 percent of BIE schools and 11.2 percent of Native-
serving local public schools relied on physical education packets for
distance learning delivery following campus closures. Does ``closed for
the school year'' indicate that these schools did not offer distance
learning opportunities following COVID-19 related campus closures?
Answer. This is correct. Per the recent NIEA survey, ``closed for
the school year'' is defined as ending the school year when the
physical school closed without distance learning opportunities.
Question 1a. Is NIEA concerned about the quality of educational
opportunities provided to Native students attending schools that
``closed for the school year'' or relied on physical education packets?
Answer. NIEA is deeply concerned that students who did not receive
any, or minimal educational instruction after their school ``closed for
the school year'' will continue to fall behind students in schools, BIE
and public, that deployed more robust distance learning. This homework
gap could have profound and lasting impact on future educational
opportunities for these students.
Question 1b. Does NIEA believe the Department of the Interior has
taken sufficient steps over the summer break prior to the start of the
2020-2021 school year to assess and address barriers to distance
learning education for Native students at BIE schools?
Answer. On August 6, 2020, the BIE released a four-page guidance
stating that Bureau-operated schools would operate via in-person
academic instruction ``to the maximum extent possible.'' This comes at
a time when numerous public-school systems nationwide--many located
just down the street from Bureau-operated schools--are choosing to
begin the new academic year through distance learning only. While we
agree that students learn best while attending school in person, we are
concerned that without robust testing and safety protocols, the spread
of COVID-19 in Indian Country could be accelerated as a result of this
in-person instruction. As we have seen in recent weeks, without
rigorous adherence to proper risk-mitigation strategies, reopening
schools can lead to disastrous results and mass quarantines of
potentially infected students. This is especially concerning in multi-
generational households where our most vulnerable citizens, our elders,
would be needlessly put at risk.
Question 1c. Could you elaborate on additional action BIE must take
to support distance and hybrid education models for schools that cannot
reopen physical facilities due continued community spread?
Answer. As COVID-19 continues to disproportionately impact and
spread in Native communities, tribal nations face the possibility of
future shutdowns to ensure the safety and wellbeing of students and
community members. The
Bureau must provide resources to support distance and hybrid
learning models for schools that cannot reopen physical facilities due
continued community spread. High-quality, updated resources must
address critical information and funding for effective culture-based
virtual curriculum, professional development, education technology, IT
support, and ensuring continued education services for special
education, English language learners, and Native language programs.
Question 1d. Has NIEA conducted any additional COVID-19 related
surveys since its April 2020 survey? If so, please provide and describe
the results of those surveys.
Answer. NIEA has not conducted any additional COVID-19 surveys
since the April 2020 survey. We have, however, been engaged with tribal
leaders and educators to assess the current situation in Indian Country
as BIE schools prepare for the 2020--2021 academic year.
Question 2. BIE's delayed release of COVID-19 funding, approval of
waiver requests, and issuance of distance learning and safety guidance
has reportedly negatively impacted school leaders, students, and
teachers. Do you feel confident that all BIE schools have the resources
they need to safely begin instruction for the upcoming school year? If
not, what resources do you believe they lack?
Answer. The BIE has yet to establish clear protocols for hybrid and
distance education, instead choosing to highlight the need for students
to return to the classroom.
This spring, several Bureau-funded schools experienced spread of
COVID-19 among essential staff and in the wider community when BIE
Education Program Administrators (EPAs) failed to comply with tribal
and state orders to close schools. This is unacceptable. Our students,
educators, and staff must not be forced to choose between their lives,
their education, and their livelihood. The wellbeing and safety of all,
including those who at the frontlines of learning and opportunity in
our communities, must be protected.
Funding to ensure adequate sanitization, transportation, and
staffing if school reopens this fall remains scarce. Our schools have
long been underfunded, resulting in a number of challenges including
old ventilation, cramped classrooms, and outdated technology unable to
address current needs during a global pandemic.
In the meantime, many Native communities continue to face
outbreaks, and tribal nations have repeatedly requested hybrid and
remote options be made available for the safety of students, staff, and
community members. School and tribal leaders must have clear and
transparent guidance to ensure the success of such models for our
students. Such measures also require additional funding to ensure that
all staff and students have access to the technology necessary for
equity with their peers across the nation.
Question 2a. Can you provide examples of how the funding delays
impacted Native students? How are these delays impacting preparations
for the coming school year?
Answer. Despite the allocation of emergency education funding for
Bureau-funded schools under the CARES Act on March 27, 2020, our
schools did not report receipt of funding until three months after
congressional approval. Some schools purchased personal protective
equipment and education technology, as well as exceeded budgets on
transportation for school meals and education packet delivery this
spring with the understanding that they could use CARES Act funding to
reimburse such expenses. However, they have been asked to foot the cost
of such expenses, stretching already tight budgets.
Today, many schools report that emergency funds proved only enough
to cover basic personal protective equipment for staff and students. As
a result, many require additional funding to provide increased
cleaning, staffing, and transportation routes for in-person education.
In addition, schools that reopen remotely or in a hybrid model must
have funding to provide all students the basic technology necessary for
educational progress in the classroom and beyond. Congress must invest
in programs and services critical for our schools to function.
Question 2b. Is there any guidance, technical assistance, or other
material that you would like the Administration to provide?
Answer. Equity in educational opportunity has become even more
paramount during the COVID-19 pandemic. However, Bureau-funded schools
located in rural communities with limited virtual learning
infrastructure face unique challenges providing equitable education
services for students that are unable to attend physical classes due to
concerns regarding their physical well-being and health. NIEA
recommends that the BIE expand specific guidance for continued
education services aligned with that of the Department of Education,
which school and tribal leaders may use to develop learning programs
and services that address the unique needs of Native students. Such
guidance must address support, challenges, and flexibilities for both
hybrid and remote education due to the unique needs of tribal students
and communities.
Question 3. Your testimony underscores the need for ensuring Native
school communities have access to mental and behavioral health services
to deal with trauma and stress caused by the COVID-19 pandemic. BIE
Director Dearman indicated in his testimony that the Bureau plans to
reserve ``$8 million for direct mental and behavioral health support
for BIB-funded schools'' from its CARES Act funds. He also indicated
that BIE has certified 300 staff members in ``Youth Mental Health First
Aid'' and collaborated with NIEA on a webinar series for BIE staff that
focused on the principles of self-care and coping with trauma and
stress. However, he provides no additional details about Administration
efforts to address mental and behavioral health needs of BIE school
communities. As of the date of this hearing, were you aware of any
outreach from the Administration to Tribes, school leaders, or
communities about mental health and behavioral health needs of Native
students for the upcoming school year?
Answer. NIEA collaborated with the BIE on a webinar series to
provide strategies, tools, and resources for BIE staff and NIEA members
coping with trauma and stress. In addition, the BIE has highlighted the
need for localized mental and behavioral health programs that serve the
unique needs of students in a given school or community. The BIE has
conducted a series of surveys to school leaders to gather information
about needs moving into the school year. NIEA is unable to confirm at
this time whether such surveys contain questions regarding mental and
behavioral health needs, though it is possible.
Question 3a. What types of mental and behavioral health supports
does NIEA feel Native communities and schools need? And, what kind of
resources would be most helpful in providing those supports?
Answer. Trauma related to the impact of COVID-19 in our families in
communities follows Native students into the classroom. Educators and
staff must have culturally responsive training to support trauma-
informed education services. Though NIEA appreciates the emphasis on
mental health in the BIE reopening plan, additional details and
guidance for school implementation is crucial to ensure effective and
consistent implementation for our most vulnerable learners.
Question 3b. To your knowledge, has BIE shared any additional
details with Tribes or Native educational stakeholders about their
plans for the $8 million in CARES Act monies the Bureau reserved to
provide mental and behavioral health supports?
Answer. At this point, the BIE has yet to share many details
regarding the planned use of funds for mental and behavioral health
supports. Some officials have mentioned a possible partnership with the
Indian Health Service, and the need for localized programming. However,
the BIE has yet to provide public details regarding the overall use of
these funds.
Question 3c. To your knowledge, has BIE consulted with Tribes or
sought feedback from Native education stakeholders regarding
development of a plan on how to spend the $8 million in CARES Act
monies the Bureau reserved to provide mental and behavioral health
supports?
Answer. The BIA conducted a consultation on the use of all CARES
Act funding provided through the Bureau, including that provided to the
Bureau of Indian Education, on Thursday April 2, and Thursday April 9.
Later, the BIE participated in a joint consultation with the Department
of Education on Tuesday, April 28 and Thursday, April 30 to address the
use of CARES Act funding provided through the Education Stabilization
Fund. From July 8-14, the BIE conducted consultation on the spending
plan for CARES Act funds and reopening schools across the system.
None of the consultations focused on mental or behavioral health
supports, and no specific details were provided regarding the plan to
spend the $8 million in CARES Act reserved for mental and behavioral
health supports. However, BIE officials mentioned the need for such
programming in each one. One senior official mentioned the possibility
of partnering with the Indian Health Services, while all emphasized the
need for a localized approach.
Thank you for considering these answers for the record. NIEA looks
forward to working alongside the Committee to ensure safety, wellbeing,
and educational opportunity for the only students that the federal
government has a direct responsibility to educate-Native students.
______
*RESPONSES TO THE FOLLOWING QUESTIONS FAILED TO BE
SUBMITTED AT THE TIME THIS HEARING WENT TO PRINT*
Written Questions Submitted by Hon. Tom Udall to
Dr. David Yarlott, Jr.
Question 1. Do you feel confident that all TCUs have the resources
they need to safely begin instruction for the upcoming school year? If
not, what resources do you believe they lack?
Question 2. Is there any guidance, technical assistance,
professional development opportunities, or other materials that you
would like the Administration to provide TCUs to help navigate the
COVID-19 pandemic?
Question 3. As you acknowledge in your written testimony, compared
to 2-year and 4-year institutions nationally, TCUs have lower Internet
connectivity levels and slower IT replacements rates. What other
resources are needed to ensure TCUs have the flexibility and capacity
to implement hybrid or distance education models for the upcoming
school year?
Question 4. Your testimony underscores the need for ensuring Native
school communities have access to mental and behavioral health services
to deal with trauma and stress caused by the COVID-19 pandemic. BIE
Director Dearman indicated in his testimony that the Bureau plans to
reserve ``$8 million for direct mental and behavioral health support
for BIE-funded schools'' from its CARES Act funds. However, he provides
no additional details about Administration efforts to address mental
and behavioral health needs of Native students nor does he address the
mental and behavioral health needs of TCU students at all.As of the
date of this hearing, were you aware of any outreach from the
Administration to Tribes, TCUs, or communities about mental health and
behavioral health needs of Native students for the upcoming school
year?
Question 4a. What types of mental and behavioral health supports
does AIHEC feel Native communities and TCUs need? And, what kind of
resources would be most helpful in providing those supports?
Question 4b. To your knowledge, has BIE shared any additional
details with Tribes, TCUs, or Native educational stakeholders about
their plans for the $8 million in CARES Act monies the Bureau reserved
to provide mental and behavioral health supports?
Question 4c. To your knowledge, has BIE consulted with Tribes or
sought feedback from TCUs or Native education stakeholders regarding
development of a plan on how to spend the $8 million in CARES Act
monies the Bureau reserved to provide mental and behavioral health
supports?
______
Written Questions Submitted by Hon. Tom Udall to
Tony L. Dearman
Question 1. Several news reports suggest that confusion about BIE
campus closure policies caused a number of Bureau-funded schools on the
Navajo reservation to remain open for weeks after the BIE sent its
March 14th school closure letter. \1\ These schools experienced COVID-
19 related outbreaks and, potentially, even deaths. Across the BIE
system, how many students and staff are known to have contracted COVID-
19? Is the Department aware of any BIE students or staff infected with
COVID-19 on school campuses?
---------------------------------------------------------------------------
\1\ Krista Allen, Some BIE Employees Still Reporting for Work,
Navajo Times, April 4, 2020; Alden Woods, A School on Navajo Nation
Stayed Open. Then People Started Showing Symptoms, ProPublica, April 7,
2020; Rebecca Klein and Neal Morton, As Coronavirus Ravaged Indian
Country, The Federal Government Failed Its Schools, HuffPost, June 27,
2020.
Question 1a. Across the BIE system, how many BIE students and staff
are known to have died from COVID-19? Is the Department assessing
whether any of these deaths may have been related to transmission of
---------------------------------------------------------------------------
the coronavirus on BIE school campuses?
Question 1b. Does the Bureau have any reason to believe that the
failure to close BIE campuses promptly in mid-March may have
contributed to community spread of COVID-19 on the Navajo Reservation?
Question 2. During the hearing, you confirmed that the Occupational
Safety and Health Administration (OSHA) is conducting an investigation
into BIE.Is this investigation related to spread of COVID-19 on a BIE
school campus or BIE facility? And, is it related to any BIE employee
deaths from COVID-19?
Question 2a. Please provide any additional information regarding
the circumstances that triggered this investigation.
Question 3. On April 6, 2020, my staff requested the Department
provide information detailing which distance learning delivery methods
each BIE school was using following the closure of BIE campuses in
March. \2\ Department staff and my staff continued discussion about
collection and reporting of this information during bicameral
Congressional briefings held on April 13, \3\ April 20, \4\ and April
27, 2020. \5\ In response to these requests, on May 4, 2020, DOI Office
of Congressional and Legislative Affairs Advisor Aaron Thiele emailed
my staff a spreadsheet that indicated ``Y'' or ``N'' to describe the
``educational opportunities provided'' at each BIE school during the
COVID-19 related campus closures. \6\ During a subsequent bicameral
Congressional briefing on May 11, 2020, my staff informed you and the
Department that this spreadsheet did not provide sufficient detail
regarding the manner of distance learning delivery at each school to
satisfy my information request. \7\ On June 8, 2020, I sent a letter to
Secretaries Bernhardt and DeVos renewing my request for information on
the distance learning capabilities of each Bureau-funded school and
Tribal College and University (TCU). \8\ As of the date of submission
of these questions for the record, I have not received a response to
this information request or letter. Please answer those questions,
reproduced below, for the record. Has DOI or the Department of
Education collected any data on (i.) Which Bureau-funded schools and
TCUs offered distance learning opportunities to their students
following COVID-19-related campus closures; (ii.) Which method(s) each
school used to deliver instruction during this period, if so how are
your Departments assessing the success of that instructional delivery;
and (iii.) The percentage of BIE and TCU students that have consistent
access to computer equipment and broadband Internet for participating
in online learning opportunities?
---------------------------------------------------------------------------
\2\ Briefing from the Bureau of Indian Educ., to Cong. Comms. of
Juris. (April 6, 2020).
\3\ Briefing from the Dep't of the Interior and Indian Health
Service to S. Comm. on Indian Affairs, S. Comm. on Health, Educ.,
Labor, & Pensions, S. Comm. on Appropriations, H. Comm. on Natural
Resources, H. Comm. on Energy & Commerce, H. Comm. on Ways & Means, H.
Comm. on Appropriations (Apr. 13, 2020).
\4\ Briefing from the Dep't of the Interior and Indian Health
Service to S. Comm. on Indian Affairs, S. Comm. on Health, Educ.,
Labor, & Pensions, S. Comm. on Appropriations, H. Comm. on Natural
Resources, H. Comm. on Energy & Commerce, H. Comm. on Ways & Means, H.
Comm. on Appropriations (Apr. 20, 2020).
\5\ Briefing from the Dep't of the Interior and Indian Health
Service to S. Comm. on Indian Affairs, S. Comm. on Health, Educ.,
Labor, & Pensions, S. Comm. on Appropriations, H. Comm. on Natural
Resources, H. Comm. on Energy & Commerce, H. Comm. on Ways & Means, H.
Comm. on Appropriations (Apr. 27, 2020).
\6\ Email from Aaron J. Thiele, Advisor, Office of Cong. &
Legislative Affairs, U.S. Dep't of the Interior, to Kimberly Moxley,
Senior Policy Advisor, Office of the Vice Chairman, S. Comm. on Indian
Affairs (May 4, 2020, 04:24 EDT) (on file with S. Comm. on Indian
Affairs).
\7\ Briefing from the Bureau of Indian Educ., to Cong. Comms. of
Juris. (May 11, 2020).
\8\ Letter from Sen. Tom Udall, Sen. Patty Murray, Sen. Jon Tester,
Sen. Elizabeth Warren, Sen. Martin Heinrich, Sen. Krysten Sinema, Sen.
Tina Smith, Sen. Bernard Sanders, Sen. Jacky Rosen, Sen. Tammy Baldwin,
Sen. Jeffrey Merkley, & Sen. Maria Cantwell to David Bernhardt, Sec'y,
Dep't of the Interior and Betsy DeVos, Sec'y, Dep't of Educ. (Jun. 8,
2020)
Question 3a. If neither Department has collected any of the data
listed above, please provide a timeline for providing a data collection
---------------------------------------------------------------------------
plan to Congress.
Question 3b. How has DOI ensured that BIE peripheral dormitory
residents are able to access distance learning opportunities offered by
the non-BIE schools they attend?
Question 3c. How has DOI ensured that BIE students with
disabilities have equal access to educational opportunities and the
services identified in their individual education programs during
COVID-19-related campus closures?
Question 3d. What distance learning guidance and technical
assistance have DOI provided to Tribes, BIE-funded schools, and TCUs?
Question 3e. What distance learning resources has DOI offered BIE
and TCU administrators, educators, parents, and students?
Question 3f. What steps has DOI undertaken to ensure BIE schools
and TCUs are prepared to continue distance learning or modify their
instructional plans for the 2020-2021 school year?
Question 4. On July 24, 2020, I sent you and other Administration
officials a letter describing growing concern for the wellbeing of
Native youth during the COVID-19 pandemic. \9\ The letter contained
five questions related to Administration's responsibility to provide
Native youth with accessible, comprehensive, and culturally competent
mental health care services. We asked that you respond to these
questions by August 12, 2020, but we did receive a response by that
deadline. Please answer those questions, reproduced below, for the
record.
---------------------------------------------------------------------------
\9\ Letter from Sen. Tina Smith, Sen. Tom Udall, Sen. Elizabeth
Warren, Sen. Martin Heinrich, Sen. Catherine Cortez Masto, and Sen. Ron
Wyden to Michael Weahkee, Director, Indian Health Service, Tara
Sweeney, Assistant Sec'y for Indian Affairs, Dep't of the Interior,
Tony Dearman, Director, Bureau of Indian Educ., Ruth Ryder, Acting
Director Dep't of Education Office of Indian Educ., and Elinore
McCance-Katz, Assistant Secretary for Mental Health and Substance Use,
Dep't of Health & Human Services (Jul. 24, 2020).
a. Has DOI conducted any consultations or outreach to Tribal
leaders, public health officials, school boards, teachers,
families, or students to gather feedback on COVID-19 related
mental and behavioral health Native youth needs and best
---------------------------------------------------------------------------
practices?
b. What steps has DOI taken to address the mental and
behavioral health needs of Native students since the beginning
of this public health emergency, and how do you plan to address
these issues going forward?
c. How is BIE with other federal agencies (e.g., the Department
of Education, IHS, the Centers for Disease Control and
Prevention, Administration for Children and Families, and
SAMHSA) to ensure that Native students can and will continue to
receive the mental health services they rely on when the school
year starts this fall?
d. Do BIE or other agencies need further funding or statutory
authority to support school capacity to address the mental
health needs of Native students?
e. Given that Native communities prefer to utilize culturally-
informed mental health services, \10\ how is DOI working to
increase access to culturally competent mental health care
during the COVID-19 pandemic?
---------------------------------------------------------------------------
\10\ AMERICAN PSYCHIATRIC ASSOCIATION, MENTAL HEALTH DISPARITIES:
AMERICAN INDIANS AND ALASKA NATIVES'' DIVISION OF DIVERSITY AND HEALTH
EQUITY (2017), available at https://www.psychiatry.org/File%20Library/
Psychiatrists/Cultural-Competency/Mental-Health-Disparities/Mental-
Health-Facts-for-American-Indian-Alaska-Natives.pdf.
Question 5. BIE conducted online staff and parent surveys to
collect input about returning to in-person instruction for the 2020-
2021 school year. The survey response window closed on July 17, 2020.
During a bicameral Congressional briefing on July 20, 2020, you
informed Congressional staff that the Department had received several
thousand responses to the surveys and, while the Department was still
reviewing responses, an initial review suggested that not many
respondents wanted to resume in-person instruction. \11\ However, since
then, I am not aware of any materials published by the Department that
summarize the survey results. What are the Department's plans to share
the results of these surveys? Will the Department publish them publicly
or on the Bureau's website?
---------------------------------------------------------------------------
\11\ Briefing from the Dep't of the Interior and Indian Health
Service to S. Comm. on Indian Affairs, S. Comm. on Health, Educ.,
Labor, & Pensions, S. Comm. on Appropriations, H. Comm. on Natural
Resources, H. Comm. on Energy & Commerce, H. Comm. on Ways & Means, H.
Comm. on Appropriations (Jul. 20, 2020).
Question 5a. Why did the Department decide to deploy these surveys
from late June through mid-July? Did the Department discuss the
possibility that the results of these surveys would return too late to
inform policy and resource decisions prior to the anticipated start
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date in early August for many Bureau-funded schools?
Question 5b. How many responses did the Department receive to the
referenced staff and parent surveys, respectively?
Question 5c. How many responses indicated that respondents had
concerns with resuming in-person instruction for the 2020-2021 school
year?
Question 5d. How many respondents indicated they did not have
access to the broadband or IT equipment necessary to participate in
online distance learning?
Question 6. On June 23, 2020, Assistant Secretary Sweeney sent a
letter to Tribal leaders sharing a draft BIE School Reopening Plan and
soliciting feedback on the \12\ same. \13\ This draft plan states,
``Any action taken to reopen a school should be done in coordination
with a school's respective BIE Education Program Administrator (EPA)
and should utilize guidance from pertinent local, state, and Tribal
officials as well as local public health officials.'' It further states
that school administrators ``should consider state, Tribal, local
emergency orders, level of community transmission'' and ``when local
infection rates have slowed significantly.'' Additionally, it states:
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\12\ Letter from Tara Sweeney, Assistant Sec'y for Assistant Sec'y
for Indian Affairs, Dep't of the Interior to Tribal Leaders (Jun. 23,
2020) (available at https://www.bia.gov/sites/bia.gov/files/assets/as-
ia/opa/pdf/
IAFR0827%20Updated%20DTLL%20BIE%20School%20Reopening%20Plan_2020-07-
01_1508.pdf).
\13\ Bureau of Indian Educ. School Reopening Plan (2020), available
at https://www.bia.gov/sites/bia.gov/files/assets/as-ia/opa/pdf/
BIE%20School%20Reopening%20Plan%207.2.2020_ASIA%20revised_508.pdf.
``School administrators are responsible for the development of
their individual reopening plans for the 2020-2021 School Year
with approval from the respective BIE EPA.EPAs hold the
authority to reopen and/or close school sites. The decision
should be made in consultation with BIE Associate Deputy
Directors (ADD), school leadership, Tribal leadership, local
Public Health Officials and Local Incident Commands, if
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applicable.''
However, on August 6, 2020, Assistant Secretary Sweeney sent
another letter to Tribal leaders indicating that the Department's
preference to resume in-person instruction ``to the maximum extent
possible'' at Bureau-operated schools, and encouraging Tribally-
operated schools to ``take the recommendations included as guidance to
inform their general operations and to prepare each learning
environment for the 2020-2021 school year.'' \14\
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\14\ Letter from Tara Sweeney, Assistant Sec'y for Assistant Sec'y
for Indian Affairs, Dep't of the Interior to Tribal Leaders (Aug. 6,
2020) (available at https://www.bia.gov/sites/bia.gov/files/assets/as-
ia/opa/pdf/2020_0806_BIE_DTLL_ReturningToSchool_508.pdf).
These communications from the Department appear to send conflicting
messages about who will determine when to resume in-person instruction
at Bureau-funded schools and what factors decision-makers will use to
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make these decisions.
a. For Tribally-controlled grant and contract schools, can the
Department, Bureau, or EPA override these schools' decision to resume
in-person instruction or to continue utilizing distance learning?
1b. Will the Department resume in-person instruction at all Bureau-
operated schools on September 16th, including schools where resuming
in-person instruction would conflict with state, Tribal, local
emergency orders; state, Tribal, or local public health guidance;
Tribal leader preferences; and school community preferences?
c. What metrics, if any, will the Department use to monitor and
determine whether levels of community transmission and infection rates
have slowed sufficiently to make return to in-person instruction safe
for students, staff, and the communities where the each school is
located?
Question 7. Given what is known about coronavirus's spread through
airborne transmission in enclosed spaces with poor ventilation, there
is legitimate concern that BIE's aging school infrastructure is ill-
equipped to safely house students. How does BIE plan to ensure the
health and safety conditions of BIE school facilities during the
pandemic prior to resuming in-person instruction?
Question 7a. Has the Bureau conducted any assessments of the
ventilation systems in BIE facilities to determine what risks they
might pose to coronavirus containment and mitigation strategies
developed to ensure in-person instruction is safe for students and
staff?
Question 8. The Department's decision to delay to the start of the
2020-2021 school year for Bureau-operated schools has caused confusion
for BIE staff who work under contract with the Bureau. My staff has
heard from a number of such staff who are now concerned about their pay
and benefits, including housing for those who reside in Bureau-owned
residences. It is my understanding that many BIE staff have not
received direct communications from the Department regarding these
matters. Additionally, I understand that deployment of a new BIE email
and online portal system in April has left many BIE staff without the
required Personal Identification Verification (PIV) credential cards
necessary to access the online BIE systems. Has the Department
communicated with BIE staff about the impacts of the school year start
delay on pay and benefits? If so, please indicate the date and manner
of these communications. Additionally, please provide a copy of any
official communications sent to BIE staff by you, the ADD for Bureau-
operated Schools, or the ADD for Navajo on this topic.
Question 8a. Will the Department continue benefits, including
health insurance coverage, life insurance coverage, and housing without
interruption for BIE staff impacted by the school year start delay?
Question 8b. Is the Department aware that the changeover in BIE
email systems left many BIE staff members unable to access these
systems?
Question 8c. What impacts did the inability of many BIE staff
members to access the Bureau's email system and other online portals
have on delivery of distance learning instruction during the Spring
2020 term and on the ability of these employees to successfully
telework?
Question 9. Numerous education policy experts, economists, and news
outlets are discussing the impacts that the COVID-19 pandemic might
have on the teacher workforce, including the possibility that many
retirement-age educators will opt to leave the workforce rather than
risk returning to unsafe school environments. Prior to the pandemic,
the Bureau's vacancy rates were already high over several years; the
Government Accountability Office stated in its 2019 High Risk Report
that lack of staff capacity continues to be a challenge for the Bureau.
\15\ Additionally, I understand that the Bureau's human resources
department estimates that 30 percent of BIE staff are retirement-
eligible. What were the teacher and staff vacancy rates at BIE
immediately prior to campus closures in March, 2020?
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\15\ U.S. GOV'T ACCOUNTABILITY OFFICE, GAO-19-157SP, HIGH-RISK
SERIES: SUBSTANTIAL EFFORTS NEEDED TO ACHIEVE GREATER PROGRESS ON HIGH-
RISK AREAS 129-130 (2019).
Question 9a. Has the Bureau seen an increase in teacher and staff
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vacancies since March, 2020?
Question 9b. Has the Bureau seen an increased rate of retirements
compared to the previous three years?
Question 9c. To what extent is BIE's response to the pandemic
affected by its lack of staff capacity?
Question 9d. What is the Bureau currently doing to fill vacancies?
Question 10. The Bureau's plan for spending CARES Act funds
includes investments in schools' IT systems, Internet connectivity,
sanitation equipment, personal protective equipment, and other virus
spread mitigation-related infrastructure and equipment. Has BIE
solicited any no-bid or limited bid procurement contracts for COVID-19
related supplies?
Question 10a. Has the Bureau entered into a procurement contract
for COVID-19 related supplies with any new vendors with whom the
Bureau, Department, or federal government had limited to no prior
federal contracting experience?
Question 10b. Has the Bureau entered into any procurement contracts
for COVID-19 related supplies with any companies incorporated within
the last year?
Question 10c How many staff does BIE have in its Acquisitions
Office to handle the increase in schools' procurement demands?
Question 10d. Do these staff have sufficient expertise in IT issues
to assist schools?
______
Written Questions Submitted by Hon. Martha McSally to
Tony L. Dearman
Question 1. Within the BIE school system there are both BIE run and
tribally run schools. We understand that the Department will put out
school re-opening and operation guidance after reviewing comments
received from tribal leaders, teachers and administrators and parents.
After local leaders have had an opportunity to review guidance from the
Department and asses local conditions, can you confirm that tribally
run schools will be able to make operational decisions based on what is
best for their schools at the local level? How will the BIE resolve
issues that may arise from conflicting guidance between BIE, tribal,
state, and local guidelines?
Question 2. Does the BIE plan to direct schools to re-open their
residential programs? If so, what type of support from BIE will be
available to help schools and residential programs with the increased
costs of mitigating the potential spread of COVID-19? How will funding
be affected if residential programs must delay their re-opening due to
local health guidelines?
Question 3. I worked with my colleagues to secure significant
funding in the CARES Act specifically for BIE to aid schools as they
sight to finish the spring semester of 2019. I have heard some
frustration from tribes in Arizona about delays associated with the
disbursement of CARES Act education funding. Congress is currently
debating potential additional funding to aid BIE schools with the many
costs they will incur for distance learning and to prepare for a
resumption of in-person learning.
What steps has the BIE taken to improve communications about COVID
Education funding, disbursement and permissible uses since CARES Act
was passed? If additional funding is approved by Congress, does BIE you
have the mechanisms in place to disburse that funding to the schools in
a timely manner? Does BIE plan to place restrictions on funding based
on distance or in person learning? Will transportation funding be
impacted if schools must utilize virtual learning for at least part of
the year?
Question 4. As you know, broadband and Internet access remains a
challenge in tribal communities in Arizona. How can the BIE and BIA
assist tribes and schools with accessibility for a virtual and face-to-
face hybrid type instruction?