2018-E01: In Support of Financial Aid Data Sharing for Tribes and Tribal Organizations

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

WHEREAS, NIEA as the largest national Indian organization of American Indian, Alaska Native, and Native Hawaiian educators, administrators, parents, and students in the United States, provides a forum to discuss and act upon issues affecting the education of Indian and Native people; and

WHEREAS, through its unique relationship with Indian nations and tribes, the federal government has established programs and resources to meet the educational needs of American Indians, Alaska Natives, and Native Hawaiians, residing on and off their reserved or non-reserved homelands; and

WHEREAS, tribes have historically had access to financial aid data from the Free Application for Federal Financial Aid (FAFSA), consistent with tribal sovereignty; and

WHEREAS, The U.S. Department of Education’s Privacy and Technical Assistance Center (PTAC) released

guidance in January 2017 on the Higher Education Act (HEA) relating to student financial aid data sharing and asserted that FAFSA data cannot be released by higher education institutions, unless the release satisfies a specific purpose permitted by law, even with a student’s written consent; and

WHEREAS, Tribes and tribal organizations are currently not recognized in HEA as possible recipients of FAFSA data; and

WHERAS, lack of access to student data limits tribal ability to exercise sovereignty and provide opportunities in higher education to tribal students; and

WHEREAS, Section 312 of the 2019 Minibus Bill (H.R. 6157) provided tribes and tribal organizations a temporary relief to this practice until the HEA is reauthorized, and

WHEREAS, the current House reauthorization of HEA, also known as the Promoting Real Opportunity, Success, and Prosperity through Education Reform Act (H.R. 4508), does not include language recognizing tribes and tribal organizations as recipients of FAFSA data.

THEREFORE BE IT RESOLVED, that the National Indian Education Association shall advocate for the inclusion of language allowing tribes and tribal organizations to be recipients of FAFSA data in any HEA reauthorization.

BE IT FINALLY RESOLVED, that this resolution shall be the policy of NIEA until it is withdrawn or modified by subsequent resolution.