2016-E02: Relating to Legal and Policy Issues Concerning the Reorganization of the Bureau of Indian Education (BIE) to Portions of its Implementation

WHEREAS, the National Indian Education Association (NIEA) was established in 1970 for the purpose of advocating, planning, and promoting the unique and special educational needs of American Indians, Alaska Natives, and Native Hawaiians, and provides a forum to discuss and act upon issues affecting the education of Indian and Native people; and

WHEREAS, the BIE is currently in the process of reorganizing its structure in such a way that violates various provisions of the governing statute, namely the organizational and operational provisions of PL 95-561; and

WHEREAS, in spite of numerous efforts from members of this organization directly involved with BIE education programs at the local and tribal level, the BIE is going forward with its reorganization without responding to the concerns of the tribal entities in violation of the consultation requirements of 25 USC 2011; and

WHEREAS, the organization changes proposed by the BIE undermines the role of local and agency school boards and confuses the lines of authority within BIE, and BIE ignores specific GAO reports that have made specific recommendations concerning the organizational deficiencies of BIE, such recommendations have been endorsed by the Congressional appropriations committees; and

WHEREAS, the instructional improvement oriented policies embedded in the reorganization could have easily been implemented with a major restructuring that does not violate the law.

THEREFORE BE IT RESOLVED, that the National Indian Education Association passed resolution 2014-11 on BIE implementation in 2014 and seeks to make sure BIE is accountable and serves Native students optimally through its organizational structure; and

BE IT FURTHER RESOLVED that on behalf of its member constituents, NIEA renews our requests for a thorough legal and policy review of the BIE reorganization prior to any further implementation; and

BE IT FURTHER RESOLVED that within the next two weeks, NIEA take action to implement this resolution; and

BE IT FINALLY RESOLVED that this resolution shall be the policy of NIEA until it is withdrawn or modified by subsequent resolution.