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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

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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

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HAS EXPERIENCED AN APPROXIMATELY 10% REDUCTION SINCE FY 1981. IN FY 1981 - 2

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 DISCRET

IONARY 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 IMPLE

MENTATION 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

AID AND NOT ELIGIBLE FOR ISEP.

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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

"HROUGH 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

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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

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| MY KNOWLEDGE

IS ANY ATTEMPT TO ALLOW BIA FUNDED SCHOOLS THE ABILITY

| LEVERAGE DEPARTMENT OF EDUCATION VOCATIONAL EDUCATION DOLLARS.

ANYTHING

IIS COMMITTEE COULD DO TO INCLUDE LANGUAGE WHICH WOULD DESIGNATE BIA FUNDED

CCONDARY SCHOOLS AS LOCAL EDUCATION AGENCIES FOR PURPOSES OF THE CARL

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SCHOOLS ARE TROUBLED BY THE DEPARTMENTS LIMIT ON THE AMOUNT OF FUNDS

IAT CAN BE USED FOR ADMINISTRATIVE COSTS.

THERE IS CURRENTLY A 8% LIMIT

V 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

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 Self

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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 pro

vide 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.

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