MR. CHAIRMAN AND MEMBERS OF THE COMMITTEE, THANK YOU FOR THE OPPORTUNITY TO ADDRESS YOU THIS MORNING CONCERNING PROGRAMS AND OPERATIONS OF THE OFFICE OF INDIAN EDUCATION AND OTHER EDUCATION PROGRAMS WITHIN THE DEPARTMENT OF EDUCATION WHICH BENEFIT AMERICAN INDIAN AND NATIVE HAWAIIANS.

P.L. 93-638 AND P.L. 100-297 AUTHORIZES CONTRACTS AND GRANTS WITH TRIBES AND TRIBAL ORGANIZATIONS TO OPERATE ELEMENTARY/SECONDARY SCHOOLS. THERE ARE OVER 12,000 STUDENTS IN CONTRACT AND GRANT SCHOOLS. WE HAVE OVER FIFTY PERCENT OF THE INDIAN STUDENTS ENROLLED IN OUR MEMBER SCHOOLS. THEY RECEIVE BASIC SUPPORT FROM THE INDIAN SCHOOL EQUALIZATION PROGRAM (ISEP). ISEP GENERATED $2,407.50 PER WEIGHTED STUDENT IN FISCAL YEAR 1989. THE COMMUNITY/TRIBAL SCHOOLS STRIVE FOR EXCELLENCE THROUGH CULTURAL RELEVANCY OF THEIR CURRICULUM. THE STUDENTS WHO TAKE FULL ADVANTAGE OF THE PROGRAMS WILL BE PREPARED FOR FUTURE LIFE.

THE COMMUNITY/TRIBAL SCHOOL STUDENTS ARE ELIGIBLE FOR TITLE V, PART A, INDIAN EDUCATION PROGRAMS BECAUSE THE SCHOOLS ARE DEFINED AS LOCAL EDUCATION AGENCIES. THE SCHOOLS ARE ELIGIBLE, AS INDIAN CONTROLLED SCHOOLS AND ORGANIZATIONS, FOR PART A SET-ASIDE DISCRETIONARY FUnds, PART B FUNDS, AND PART C FUNDS.

THE SCHOOLS RECEIVE SOME OF THE DEPARTMENT OF EDUCATION FUNDS, AS FLOW THROUGH FUNDS, FROM THE BUREAU OF INDIAN AFFAIRS (BIA). THEY ARE ELIGIBLE FOR OTHER DOE FUNDS BECAUSE THEY ARE DESIGNATED AS PRIVATE ORGANIZATIONS OR PRIVATE SCHOOLS.

CONCERNS ABOUT U.S. DEPARTMENT OF EDUCATION

1. TITLE V

INDIAN EDUCATION ACT. WE ARE CONCERNED THAT THIS PROGRAM HAS EXPERIENCED AN APPROXIMATELY 10% REDUCTION SINCE FY 1981. IN FY 1981

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THE APPROPRIATIONS WAS $81,680,000.

IF THE AVERAGE INFLATION RATE

WAS 4%, THE TOTAL FOR FY 1990 SHOULD BE $107 MILLION.

WE ARE CONCERNED ABOUT THE SENATE APPROPRIATIONS LANGUAGE WHICH REQUESTS THE DEPARTMENT OF EDUCATION TO LOOK INTO WAYS TO EQUALIZE PER

PUPIL FUNDING BETWEEN PART A AND PART A SET-ASIDE.

IT MUST BE REMEMBERED

THAT PART A IS AN ENTITLEMENT PROGRAM FOR ALL INDIAN STUDENTS IN PUBLIC SCHOOLS AND INDIAN CONTROLLED SCHOOLS. PART A SET-ASIDE IS A DISCRETIONARY ENRICHMENT PROGRAM FOR INDIAN CONTROLLED SCHOOLS. THE SET-ASIDE IS ONLY $3,500,000. THE PART A SET-ASIDE MUST BE FUNDED AS AUTHORIZED BY P.L. 100-297.

2.

CHAPTER I. THE CHANGES LEGISLATED BY P.L. 100-297 WILL IMPROVE DELIVERY OF SERVICES TO STUDENTS IN COMMUNITY/TRIBAL SCHOOLS. THE IMPLEMENTATION OF SCHOOL WIDE PROJECTS WILL INCREASE DELIVERY OF SERVICES AND SHOULD DECREASE PAPER WORK.

3. CHAPTER 2.

COMMUNITY/TRIBAL SCHOOL STUDENTS ARE ELIGIBLE FOR THESE PROGRAMS THROUGH LOCAL EDUCATION AGENCIES (PUBLIC SCHOOL DISTRICTS), BUT ONLY IF AN L.E.A. WISHES TO ENTER INTO A CHAPTER 2 AGREEMENT. IT WOULD BE MORE EQUITABLE FOR THE COMMUNITY/TRIBAL SCHOOLS TO BE DESIGNATED AS LOCAL EDUCATION AGENCIES THEREBY INSURING SERVICE DELIVERY.

4. IMPACT AID.

COMMUNITY/TRIBAL SCHOOLS ARE ELIGIBLE TO RECEIVE FUNDS

FOR STUDENTS ENROLLED, WHO ARE NOT ELIGIBLE FOR ISEP. THE LEA IS NOT REQUIRED TO COUNT THE STUDENTS.

THERE MUST BE A REQUIREMENT THAT LEA'S

COUNT STUDENTS IN COMMUNITY/TRIBAL SCHOOLS WHO ARE ELIGIBLE FOR IMPACT

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5. EDUCATION OF THE HANDICAPPED.

COMMUNITY/TRIBAL SCHOOL STUDENTS
ARE ELIGIBLE FOR THESE PROGRAMS, AS FLOW THROUGH PROGRAMS, FROM THE
BUREAU OF INDIAN AFFAIRS. STUDENTS RECEIVE SERVICES BASED ON ABILITY
OF LOCAL GRANTSMANSHIP AND DISCRETION OF BIA SPECIAL EDUCATION STAFF.
.THESE FUNDS MUST BE DISTRIBUTED THROUGH THE EXISTING CATAGORICAL FUNDING
MECHANISM WITHIN ISEP.

6.

VOCATIONAL EDUCATION.

COMMUNITY/TRIBAL SCHOOL STUDENTS ARE ELIGIBLE

FOR THIS PROGRAM VIA THE SET-ASIDE FOR INDIAN TRIBES AND TRIBAL ORGANIZATIONS.
THE PROBLEM IS, THESE FUNDS ARE NOT GENERALLY GIVEN TO SECONDARY PROGRAMS.
THE SCHOOLS COULD RECEIVE THE FUNDS FROM THE STATE IF THEY CAN ACCESS
THROUGH THE STATE PLAN. THERE ARE VERY FEW SCHOOLS THAT HAVE BEEN ABLE TO
ACCESS THROUGH THE STATE PLAN. WE HAVE PREVIOUSLY PRESENTED TESTIMONY ON
OUR POSITION EARLIER THIS YEAR WHEN TESTIFYING ON S. 496. HOWEVER, MR.
CHAIRMAN IF I MAY, LET ME UNDERLINE ONCE MORE AN IMPORTANT POINT CONCERNING
VOCATIONAL EDUCATION. FUNDS ALLOCATED UNDER THIS PROGRAM ARE DONE SO UNDER
A NATIONAL FORMULA. INDIAN STUDENTS AND EVEN ADULT INDIANS ARE INCLUDED
WHEN A STATE'S ALLOCATION IS DETERMINED UNDER THE EXISTING FORMULA. ALTHOUGH
AS PREVIOUSLY MENTIONED, THERE IS A SET-ASIDE FOR TRIBES AND CERTAINLY THERE
HAVE BEEN SOME VERY GOOD VOCATIONAL EDUCATION PROGRAMS BEGUN AT THE TRIBAL
LEVEL UNDER THIS PROGRAM, BIA FUNDED SECONDARY SCHOOLS DO NOT RECEIVE ANY
FUNDING UNDER THE FORMULA. I REPEAT THERE ARE NO DOLLARS COMING INTO
BUREAU FUNDED SECONDARY SCHOOLS. ISEP IS AN EXCELLENT FORMULA PROGRAM WHICH
IS COMPARABLE TO STATE AND LOCAL FUNDS RECEIVED BY A LOCAL EDUCATION AGENCY
(PUBLIC SCHOOL DISTRICT). A LOCAL EDUCATION AGENCY DOES HOWEVER, RECEIVE
A GUARANTEED LEVEL OF FUNDING UNDER THE CARL PERKINS ACT. IT ALLOWS THEM
TO DO A GREAT NUMBER OF THINGS. THE CURRENT SITUATION IS TERRIBLY DISCRIM-
MINATORY. AS WE SPEAK, THE SENATE COMMITTEE ON LABOR AND HUMAN RESOURCES IS
MARKING-UP THE CARL PERKINS ACT. ABSENT FROM THAT LEGISLATION AT LEAST

4.

IS ANY ATTEMPT TO ALLOW BIA FUNDED SCHOOLS THE ABILITY

ANYTHING

› LEVERAGE DEPARTMENT OF EDUCATION VOCATIONAL EDUCATION DOLLARS.

IIS COMMITTEE COULD DO TO INCLUDE LANGUAGE WHICH WOULD DESIGNATE BIA FUNDED
ECONDARY SCHOOLS AS LOCAL EDUCATION AGENCIES FOR PURPOSES OF THE CARL
ERKINS ACT WOULD BE APPRECIATED.

> SCHOOLS ARE TROUBLED BY THE DEPARTMENTS LIMIT ON THE AMOUNT OF FUNDS HAT CAN BE USED FOR ADMINISTRATIVE COSTS. THERE IS CURRENTLY A 8% LIMIT N DEPARTMENT OF EDUCATION PROGRAMS.

THE WHITE HOUSE CONFERENCE ON INDIAN EDUCATION MUST BEGIN.

SUMMARY

IF DEPARTMENT OF EDUCATION PROGRAMS DO NOT GO DIRECTLY TO THE OMMUNITY/TRIBAL SCHOOLS OR VIA THE BUREAU OF INDIAN AFFAIRS, THE OMMUNITY/TRIBAL SCHOOLS MUST BE DESIGNATED AS LOCAL EDUCATION AGENCIES. TUDENTS IN COMMUNITY/TRIBAL SCHOOLS DO NOT HAVE EQUAL ACCESS TO ALL DOE 'ROGRAMS. IF THIS IS NOT DONE, CONGRESS IS AUTHORIZING DOE TO DISCRIMINATE GAINST COMMUNITY/TRIBAL SCHOOL STUDENTS.

TESTIMONY OF

LORENA M. BAHE, EXECUTIVE DIRECTOR

ASSOCIATION OF NAVAJO COMMUNITY CONTROLLED SCHOOL BOARDS
BEFORE THE SELECT COMMITTEE ON INDIAN AFFAIRS

UNITED STATES SENATE

October 27, 1989

Yá á t’eeh, Mr. Chairman and Members of the Committee. My name is Lorena Bahe. I am the Executive Director of the Association of Navajo Community Controlled School Boards, an association of 13 schools on the Navajo Reservation which are operated by popularly elected School Boards under SelfDetermination Act contracts or Tribally Controlled School grants from the Bureau of Indian Affairs. We refer to our Association

by the acronym "ANCCSB" a practice that I understand is quite common with federal agencies in Washington,

ANCCSB's mission is to assist local Indian school

boards in exercising their self-determination rights to directly operate education programs for Navajo children; to help our schools find solutions to shared problems; to work with the Navajo Tribe on important education policy issues; and to provide a voice for these school boards in Congress, the BIA and the Department of Education on federal policies affecting the education of Indian children.

Since the focus of this hearing is the role the Department of Education plays in Indian education, I would like to address several DoEd-related matters of concern to ANCCSB.

OIE Director. The first relates to the administrative activities of the Office of Indian Education. ANCCSB is eager for the selection of a permanent Director for that Office.

P.L.