An oversight hearing to examine Native American education, focusing on Federal programs at the U.S. Department of Education.

1[Senate Hearing 119-85]2[From the U.S. Government Publishing Office]34                                                         S. Hrg. 119-8556                 NATIVE AMERICAN EDUCATION: EXAMINING7                     FEDERAL PROGRAMS AT THE U.S.8                        DEPARTMENT OF EDUCATION910=======================================================================1112                                HEARING1314                               BEFORE THE1516                      COMMITTEE ON INDIAN AFFAIRS17                          UNITED STATES SENATE1819                    ONE HUNDRED NINETEENTH CONGRESS2021                             FIRST SESSION2223                               __________2425                             APRIL 2, 20252627                               __________2829         Printed for the use of the Committee on Indian Affairs3031[GRAPHIC NOT AVAILABLE IN TIFF FORMAT]3233                   U.S. GOVERNMENT PUBLISHING OFFICE3460-554 PDF                  WASHINGTON : 20253536-----------------------------------------------------------------------------------3738                      COMMITTEE ON INDIAN AFFAIRS3940                    LISA MURKOWSKI, Alaska, Chairman41                  BRIAN SCHATZ, Hawaii, Vice Chairman42JOHN HOEVEN, North Dakota            MARIA CANTWELL, Washington43STEVE DAINES, Montana                CATHERINE CORTEZ MASTO, Nevada44MARKWAYNE MULLIN, Oklahoma           TINA SMITH, Minnesota45MIKE ROUNDS, South Dakota            BEN RAY LUJAN, New Mexico46JERRY MORAN, Kansas4748Amber Ebarb, Majority Staff          Jennifer Romero, Minority Staff49    Director                             Director and Chief Counsel50Lucy Murfitt, Chief Counsel          Alanna Purdy, Policy Advisor51Sarah McKinnis, Legislative          Caroline Ackerman, Legislative52    Assistant                            Assistant5354                           C O N T E N T S5556                              ----------57                                                                   Page58Hearing held on April 2, 2025....................................     159Statement of Senator Cortez Masto................................    3760Statement of Senator Moran.......................................    4261Statement of Senator Murkowski...................................     162Statement of Senator Schatz......................................    3563Statement of Senator Smith.......................................    316465                               Witnesses6667Dropik, Jason, Executive Director, National Indian Education68  Association....................................................     369    Prepared statement...........................................     470Rose, Ahniwake, President/CEO, American Indian Higher Education71  Consortium.....................................................    2672    Prepared statement...........................................    2873Russell, Nicole, Executive Director, National Association of74  Federally Impacted Schools.....................................    2275    Prepared statement...........................................    2476Worl, Rosita, Ph.D., President, Sealaska Heritage Institute......    1277    Prepared statement...........................................    1478Yellowfish, Sydna, Director of Indian Education, Edmond Public79  Schools........................................................     780    Prepared statement...........................................     98182                                Appendix8384Becenti, Shawna Allison, Head of School, Navajo Preparatory85  School, prepared statement.....................................    6086Butler-Wolfe, Edwina, Education Director, Sac and Fox Nation,87  prepared statement.............................................    8988Firethunder, Cecilia, President, Oglala Lakota Nation Education89  Coalition, prepared statement..................................    7790Gish, Brent D., Executive Director, National Indian Impacted91  Schools Association, prepared statement........................    7192Harjo, Lucyann, Coordinator of Indian Education, Norman Public93  Schools, prepared statement....................................    7394Ishigo, Amanda, Project Director, Tutu and Me, prepared statement    7995Johnson, Dr. Sherry, Tribal Education Director, Sisseton-Wahpeton96  Oyate, prepared statement......................................    9797Kahawai, Armond Jason, Project Director, Keiki Assets Accounts98  Program, Partners in Development Foundation, prepared statement   11099Kamana, Dr. Kauanoe, Director, Nawahiokalani`opu`u Laboratory100  School, prepared statement.....................................    62101Kanai`aupuni, Dr. Shawn, President/CEO, Partners in Development102  Foundation, prepared statement.................................    86103Kimura, Ka`iu, Director, Ka Haka `Ula O Ke`elikolani College,104  prepared statement.............................................    55105Indigenous-Language Immersion and Native American Student106  Achievement Study Research Team, prepared statement............    52107Laeha, Ka`iulani, CEO, `Aha Punana Leo, prepared statement.......    47108Letters submitted for the record by:.............................109    Momi Akana, CEO, Keiki O Ka Aina Family Learning Centers.....   113110    Naomi L. Miguel, MPAP, Executive Director, White House111      Initiative on Advancing Education Equity, Excellence, and112      Economic Opportunity for Native Americans, and113      Strengthening Tribal Colleges and Universities.............   115114    NACA Inspired Schools Network (NISN).........................   115115    Porter Swentzell, Ph.D., Executive Director, Kha'p'o116      Community School...........................................   113117    Hon. Shannon F. Wheeler, Chairman, Nez Perce Tribe...........   115118Lowes, Hon. Austin, Chairman, Sault Ste. Marie Tribe of Chippewa119  Indians, prepared statement....................................    94120Mackey, Ryan B., Ph.D. Student, College of Hawaiian Language,121  University of Hawai`i, prepared statement......................    60122Martinez-Tom, Chrystal, Principle, Dzilth-Na-O-Dith-Hle Community123  School, prepared statement.....................................    48124Masutani, Alison Kulanikauha`a, President/CEO, Malama `Aina125  Foundation, prepared statement.................................    58126National Education Association, prepared statement...............    66127Nygren, Hon. Buu, President, the Navajo Nation, prepared128  statement......................................................    75129Pierrard, Sara, Project Director, Ki`apu Career and Technical130  Education for Justice-Involved Youth Program, prepared131  statement......................................................    81132Popken, Kasey Galariada, Project Director, Ka Pa`alana Homeless133  Family Education Program, prepared statement...................    83134Power, Alana, Project Director, Piha Me Ka Pono, prepared135  statement......................................................    84136Ricketts, Sharei, Superintendent, Little Wound School, prepared137  statement......................................................    56138Vanamberg, Rogers, Yepa, Abeita, Gomez & Wilkinson, LLP, prepared139  statement......................................................   100140Walking Eagle, Danielle, Superintendent, St. Francis Indian141  School, prepared statement.....................................    98142143   NATIVE AMERICAN EDUCATION: EXAMINING FEDERAL PROGRAMS AT THE U.S.144                        DEPARTMENT OF EDUCATION145146                              ----------147148                        WEDNESDAY, APRIL 2, 2025149150                                       U.S. Senate,151                               Committee on Indian Affairs,152                                                    Washington, DC.153    The Committee met, pursuant to notice, at 2:30 p.m. in room154628, Dirksen Senate Office Building, Hon. Lisa Murkowski,155Chairman of the Committee, presiding.156157           OPENING STATEMENT OF HON. LISA MURKOWSKI,158                    U.S. SENATOR FROM ALASKA159160    The Chairman. Calling the oversight hearing to order. We161were in the midst of a couple of votes when we started, and we162will have another one when this one completes. So it is a163little bit disruptive here this afternoon, but we are going to164make do because we have a lot to talk about. And it is the165business of the Committee to just proceed.166    Today we are here to learn more about the U.S. Department167of Education programs that work to meet the trust168responsibility that the Federal Government has to our Native169students and elementary, secondary and post-secondary170education. We spend a lot of time in this Committee talking171about the Bureau of Indian Education, and that for good reason.172We are going to continue to do so.173    But we really cannot lose sight of the fact that more than17490 percent of Native students across our Country attend public175schools. The government fulfills its trust responsibility to176those students through programs at the Department of Education,177in addition to programs at the Interior, at USDA and HHS.178    Title VI of the Indian Education Formula Grants Program at179DOE represents a significant Federal investment in American180Indian and Alaska Native students, and is a cornerstone of181Federal Indian education policy. This program helps public182schools provide additional tutoring, mentoring and social183support to Native kids who need it, so that they can graduate184on time.185    Programs like the Native American Language Grants or the186Alaska Native Education Program, which we call ANEP, or ANE,187connects students to culture to keep them motivated and engaged188in learning. Then funding from Title III of the Higher189Education Act supports Native American post-secondary190educational institutions that allow Native students to remain191in their communities, raise their kids, and take care of their192families, all while earning certificates and degrees that will193help them be better prepared leaders, fill gaps in the194workforce and grow the local economy.195    These funding streams and many others at the Department of196Education are especially critical in fulfilling the Federal197trust responsibility.198    And this is particularly important to me, because we don't199have Bureau of Indian Education, BIE schools, in my State of200Alaska. And this Department of Ed money has flexibilities201associated with it that allows tribes, Native organizations,202parents, communities, and families input into the development203and the delivery of Indian education programs.204    Funding like ANEP, for example, has allowed the growth of a205number of educational options for kids in my State by funding206after school, summer, and public tribal charter school207opportunities.208    Given the major role that the Department of Ed funding209plays in educating the next generation of Native students, I210have heard, and I know many of my colleagues have heard,211questions and concerns about recent proposals to alter or212dismantle the U.S. Department of Education as well as the213recent Executive Orders calling for Federal agency RIFs and214reorganization plans.215    So we are here today to better understand the Indian216Education programs at the Department of Education, how they217impact Native students, Native students' families, and the218schools across our States, and really why they must continue219and not be negatively impacted by these reductions in force and220the reorganization plans. We need to make progress on the221ground, and we owe it to our Native kids across the Country.222    So the insights, the experiences, the feedback provided by223witnesses at today's hearing will also help us chart our path224forward on Federal education programs. Thank you to all of you225who have joined us today. I know it is never easy to make the226long slog all the way back to Washington, D.C. But I appreciate227it, and I am looking forward to hearing from you.228    When the Vice Chair of the Committee arrives, he will have229an opportunity to make an opening statement. But in the230interest of time, what I would like to do is just begin the231proceedings within the Committee. We will go in order from my232left to right, beginning with Mr. Jason Dropik, who is the233Executive Director of the National Indian Education Association234here in Washington, D.C. He will be followed by Sydna235Yellowfish, the Director of Indian Education at Edmond Public236Schools. You have come to us from Edmond, Oklahoma, so,237welcome.238    Next we have my friend and a friend of the Committee, Dr.239Rosita Worl. She is President of the Sealaska Heritage240Institute, and she has joined us from Juneau, Alaska. Thank241you, Rosita. And Ms. Nicole Russell is the Executive Director242of National Association of federally Impacted Schools, also243here in Washington, D.C.244    Then rounding out the panel is Ms. Ahniwake Rose, who is245the President and CEO of the American Indian Higher Education246Consortium, just across the river in Alexandria, Virginia.247    I would remind everyone on the panel that we do have your248full written testimony. It will become part of the official249record, so I would invite you to keep your oral testimony here250today to less than five minutes, so that we have plenty of time251for questions and your responses following.252    Mr. Dropik, we will begin with you. Then again, as Senator253Schatz comes, we might interrupt the progression of the panel254for his opening statement. But please, proceed.255256STATEMENT OF JASON DROPIK, EXECUTIVE DIRECTOR, NATIONAL INDIAN257                     EDUCATION ASSOCIATION258259    Mr. Dropik. Miigwich. Thank you, Chairwoman Murkowski.260[Greeting and introduction in Native tongue.] Good afternoon,261my name is Jason Dropik. I am the Executive Director of the262National Indian Education Association.263    On behalf of the students, educators, and tribal nations264NIEA serves, I appreciate the opportunity to testify today on265Native education programs at the U.S. Department of Education,266and more importantly on the Federal Government's sacred trust267and treaty obligations to Native students.268    This is a unique moment in time, one where the eyes of the269Nation are focused keenly on the American education system, and270likewise the eyes of Indian Country are focused on Indian271education. While conversations are happening across the Federal272Government about restructuring education, strengthening local273control and potentially dismantling the Department of274Education, those conversations raise serious questions for275Native communities.276    As you engage in these continued conversations following277today's hearing, we urge you to remember the Federal Government278has a direct and unique responsibility to Native students, one279that cannot be delegated to the States.280    Sovereignty is the foundation of effective education in281Indian Country. Since the earliest treaties, the Federal282Government dutifully promised education to tribes in exchange283for land and peace. That promise, enshrined in treaties and284Federal law, did not come with an expiration date.285    The Federal Government works to meet these obligations286through three primary mechanisms, Native specific programs,287programs with tribal setasides, and broader programs that288tribal nations are eligible for. While today's hearing focuses289on the Department of Education, I want to underscore that this290responsibility of the entire Federal Government, Native291education is supported by a network of Federal agencies beyond292Education, including HHS, USDA and Commerce, that cannot be293separated from this trust responsibility.294    The Department administers several critical programs that295directly support Native students and fulfill trust obligations.296Title VI Part A of the Elementary and Secondary Education Act297is the cornerstone. It provides flexible, community-driven,298parent-directed support for Native students in public, BIE, and299charter schools.300    Part B and C of Title VI serve Alaska Native and Native301Hawaiians, communities that do not receive education funding302under Interior. These programs are essential lifelines to303communities which would otherwise not be served and must remain304intact.305    Impact Aid is another key program. It was established in3061950 to provide financial assistance to school districts that307lose local tax revenue due to the presence of Federal or tribal308lands. Impact Aid offsets the loss of tax revenue on tribal309lands, supporting over 100,000 Native students. For many310districts, it means the difference between maintaining teachers311and/or programs or going without them.312    Title I and IDEA are foundational to Native education,313particularly in rural and low-income communities, where most314tribal nations are located. Title I supports schools in315economically distressed areas, while IDEA ensures students with316disabilities receive the services they need, services that are317often harder to access in underfunded remote schools.318    Native students with disabilities face additional barriers,319including geographic isolation and a shortage of qualified320providers.321    Critically IDEA and Title I include setasides for BIE322schools. It is imperative that there remain setasides for323tribal nations directly from the Federal Government for any324funding structure these programs may take. We recommend325increasing this setaside to 5 percent to reflect tribal326administrative costs and the lack of tax revenue. This setaside327is not an interest group carve-out; it is critical to the328Federal Government fulfilling its legal and fiduciary329obligations.330    Protecting institutional knowledge is critical. Many Ed331staff working in Native programs are Native themselves, or have332longstanding relationships with tribal communities,333relationships which are vital to effective program delivery.334However, recent executive actions have resulted in some of335Native-serving staff at Ed being removed or placed on336administrative leave.337    Further, the agencies which have been proposed for338relocations have also been cut, threatening their ability to339serve the programs they already operate, much less to take on340additional ones.341    We urge Congress to ensure Native education programs are342protected. That means safeguarding funding, staffing, and343program integrity, preventing funding from being rerouted344through States and conducting meaningful government-to-345government consultation. Consultation is not just a legal346checkbox. It is a responsibility. It cannot be ignored due to a347burdensome nature. It is the foundation of effective and348respectful trust relationships.349    Each of the programs mentioned today are unique. They350already represent local control in our education systems.351Tribal leaders, Native educators and families are the experts352in what their students need. Our leaders and our communities353stand ready to work with you to strategically solve the354problems our education systems face together in a way that best355serves our most sacred gifts, our children.356    Miigwich for the opportunity to share with you. I357appreciate this opportunity.358    [The prepared statement of Mr. Dropik follows:]359360Prepared Statement of Jason Dropik, Executive Director, National Indian361                         Education Association362    On behalf of the National Indian Education Association (NIEA), and363the students, educators, and Tribal Nations we serve, we thank you for364this opportunity to provide testimony regarding the Native education365programs at the U.S. Department of Education (ED) and the federal366government's trust and treaty obligations to Native education. We367recognize the conversation of the moment is on strengthening local368control over education and reducing federal oversight. Both the369Administration and Congress have been engaged in discussions about370restructuring federal education systems. Regardless of the direction371the federal government ultimately takes, NIEA will always stress the372importance of fully honoring trust and treaty obligations. We remain373committed to safeguarding programs and funding which support education374for American Indians, Alaska Natives, and Native Hawaiians, and375ensuring Tribal Nations and communities have a meaningful role in376determining the best ways to serve their citizens educational needs.377    Sovereignty is the foundation of effective education in Indian378Country. From the earliest treaties, the federal government has379promised education to Tribal Nations in exchange for land and peace.380Education is integral to supporting Tribal self-governance,381participation in the economy, and cultural preservation. Over time, the382federal government has consistently acknowledged its commitment to383providing education to American Indian and Alaska Native peoples, as384reflected in treaties, laws, and legal precedents. Similarly, the trust385responsibility to Native Hawaiian education, as clarified under 20386U.S.C.  7511 et seq., further reinforces the federal obligation to387support Native education. These obligations are fulfilled not only388through the direct delivery of programs and services but also through389federal funding that enables Tribal Nations to serve their own390communities. The entire Federal government retains an obligation to391uphold these commitments through Native specific programs and funding,392programs and funding with Tribal set-asides, and programs and funding393for which Tribal Nations are eligible.394U.S. Government Trust and Treaty Obligations395    Education for Native students is not the sole responsibility of one396federal agency alone. While this hearing is focused on ED, we want to397recognize the vast network of federal agencies and programs which398together work to serve the government's obligations to Native399education. When the topic of Indian education arises, people first look400to the Department of the Interior (DOI) and the Bureau of Indian401Education (BIE). While DOI was the first federal agency to establish402federal Indian education policies, it is not comprehensive of the needs403our youth face. As early as 1934, with the Johnson O'Malley (JOM) Act,404Congress acknowledged the limitations of DOIfunded schools and created405additional funding streams to serve Native children outside of those406schools. JOM funds are administered by the BIE, but since over 90407percent of Native children now attend public schools, the obligation to408serve Native students outside of DOI-funded schools has expanded.409Today, the responsibility spans multiple federal agencies. The410Department of Health and Human Services funds early childhood education411through Tribal Head Start and Child Care and Development Fund (CCDF)412programs. The Department of Labor supports career training through413Native Career and Technical Education programs. The United States414Department of Agriculture supports child nutrition programs essential415to our rural and remote communities and together with the Department of416Commerce, these two agencies support access to high-speed Internet and417broadband which is essential to our academic environments. And ED, the418agency which has administered most federal education programs for the419entire country since 1980, also houses key programs which are essential420to fulfilling trust and treaty obligations to Native education. Many of421these programs predate the establishment of the ED, and must be422maintained in both staffing and scope, even if the structure federal423education changes.424The U.S. Department of Education425    ED administers a broad range of Native-specific and Tribal-eligible426programs and services that support Native students in public schools,427charter schools, and BIE schools. Each of these programs play a crucial428role in fulfilling trust obligations and in securing the practical and429economic futures of our communities. Key programs include Title VI430Indian Education, Impact Aid, and components of the Individuals with431Disabilities Education Act (IDEA).432    Title VI, Part A of the Elementary and Secondary Education Act433(ESEA) serves as a cornerstone of Native education policy, providing434critical funding for academic enrichment, cultural programming, Native435language revitalization, dropout prevention, and mental health supports436specifically for American Indian and Alaska Native students. These437formula-funded grants are awarded directly to local education agencies438(LEAs), Indian tribes, and organizations, ensuring flexible, community-439driven programming that centers Native identity and values in440educational settings Uniquely, the implementation of these programs441requires the involvement of an Indian parent committee, empowering442families to guide how these funds are used to support their children's443education. Additionally, Title VI, Part A, Subparts 2 and 3 further444enhance these efforts by providing professional development grants to445combat teacher shortages and retention, directly support funding for446Tribal Education Agencies (TEAs) to advance the cohesion of tribal447schools, both BIE funded and tribal charter schools, and offer grants448and technical assistance for Native languages revitalization across the449Nation.450    Title VI, Part B includes competitive grants which are tailored to451the needs of Native Hawaiian students and supports education programs,452teacher development, and curricula that reflect Native Hawaiian culture453and language. Title VI, Part C funds similar programs in Alaska Native454communities, integrating tribal knowledge and traditional lifeways into455the school experience. For Alaska Native and Native Hawaiian students,456Title VI is one of the only ways the federal government works to fulfil457its commitments to these communities, as they are not eligible for458funding under the BIE. Collectively, Title VI provides a unified459framework for education that is responsive to the specific needs of460Native communities, with priorities set by the communities themselves.461    Impact Aid, under Title VII of ESEA, provides financial assistance462to school districts where federal and Tribal lands reduce local tax463revenue. This funding primarily benefits two communities for which the464federal government holds direct responsibility: active-duty service465members and their families, and Native children on federal lands.466Impact Aid helps support operational costs in districts serving high467numbers of federally impacted students, ensuring they have access to468adequate facilities, teachers, and resources.469    Title I of ESEA provides vital support to low-income school470districts, many of which serve Native communities in rural and471economically distressed regions. Title I includes a specific setaside472for Indian Education Grants to the BIE. We strongly urge that any473changes to this program protect and strengthen this set-aside while474also establishing clear assurances that Tribally operated charter475schools are eligible to receive funding. Similarly, the Individuals476with Disabilities Education Act (IDEA)includes a dedicated set-aside477for BIE schools and serves as a critical resource for Native students478with disabilities and special needs. Maintaining this set-aside and479ensuring continued IDEA funding for Native-serving public and charter480schools are critical to the success of students with special needs in481our communities.482    At the postsecondary level, the Native Career and Technical483Education program plays a crucial role in fostering workforce484development in Tribal communities. Title III of the Higher Education485Act provides essential support to Tribal Colleges and Universities,486which must continue to receive direct funding to maintain institutional487stability and accreditation. Finally, reliable education data remains a488challenge due to the small population size of Native students. The489National Indian Education Study remains the most effective tool for490collecting disaggregated Native education data and should be preserved.491Protections for Native Education492    The March 19, 2025 Executive Order (EO) 14242 Improving Education493Outcomes by Empowering Parents, States, and Communities and other494recent legislative proposals have outlined the framework to close ED495and shift control of education entirely to the states. However, as496mentioned above, there are two clear populations that the federal497government must provide educational support for, as they are not498typically under the jurisdiction of state governments: military499connected families and Native students. Acknowledging the significant500overlap between our two communities, as Natives serve in the military501at the highest per-capita percentage, and the joined commitment to this502land above all else, we know there will continue to be federal503programing for Native and military education to fulfill these504obligations.505    For our part, we respectfully urge Congress to ensure that federal506programs and funding for Native education are maintained at every507level. It is essential that the staffing levels necessary to adequately508support these programs are protected, that funding for Native education509is never funneled through the states, and that at every step, and that510Tribal sovereignty is respected at every stage. This includes511conducting full tribal consultation and additional Congressional512hearings, such as this one, to ensure Native communities are heard.513    As changes to the American education system, and to federal514agencies more broadly are undertaken, Congress must ensure that Native515education programs continue without interruption. Funding must remain516strong for all levels of education--from early childhood through517college. The only way to achieve this is by maintaining staffing levels518for these programs including staff within the Office of Indian519Education (OIE), agency officials in charge of funding disbursements,520and personnel specifically dedicated to Native education. Most federal521agencies have formally acknowledged the distinction between Diversity,522Equity, and Inclusion program administrators, and administrators that523serve trust and treaty obligations. However, at ED, two staff--one524within OIE and another service Alaska Native and Native Hawaiian525education programs--were placed on administrative leave as part of526recent executive actions on DEI. While the OIE administrator has been527fully reinstated, the staff member for the Alaska Native Education528Program (ANEP) and Native Hawaiian Education Program (NHEP) has not,529and an additional staff member responsible for the National Indian530Education Study was let go during agency-wide reductions in force.531    These are the very staff members that we hope will remain in their532positions, and we urge Congress to partner with us, along with Tribal533Nations across the country, to ensure Indian Country is not534inadvertently harmed during ongoing reductions. Many of the individuals535working in Native-specific offices at ED are Native themselves or536possess deep knowledge and longstanding relationships with Tribal537leaders and schools. These connections are crucial for ensuring that538programs are effective, and that Tribal sovereignty is respected.539    Finally, we urge Congress and federal agencies to carry out full540Nation-to-Nation Tribal consultation before any changes are541implemented. Tribal Nations know what will best serve their communities542and can also help ensure changes work for all parties involved.543Moreover, consultation not only a legal requirement but also a critical544component of the trust relationship. Tribal leaders, educators, and545families are the experts on what their students need. We ask Congress546to request ED, and all other federal agencies involved in Native547education to engage in formal, government-to-government consultation548prior to any structural changes.549Conclusion550    The federal government has a sacred trust responsibility to Native551peoples, particularly when it comes to education. We appreciate your552leadership in advancing the well-being of all children and families. We553look forward to working with you to ensure that Native students554continue to have access to the opportunities and services that are555critical for their success. Thank you for your time and your commitment556to fulfilling the federal government's trust and treaty obligations. By557protecting and strengthening these crucial programs, Congress can help558safeguard the future of Native education, empower Tribal Nations to559shape their own educational systems, and promote economic opportunities560for Native communities. By honoring the commitments made to Native561students and strengthening sovereignty in education, we can ensure that562Native students receive an education that will strengthen Native563communities for generations to come.564565    The Chairman. Thank you, Mr. Dropik.566    Ms. Yellowfish, welcome.567568 STATEMENT OF SYDNA YELLOWFISH, DIRECTOR OF INDIAN EDUCATION,569                     EDMOND PUBLIC SCHOOLS570571    Ms. Yellowfish. Good afternoon. My name is Sydna572Yellowfish. I am an enrolled tribal member of the Otoe-573Missouria tribe and descendent of the Osage, Sac and Fox and574Pawnee tribes.575    I am the Coordinator for the Title VI and our Johnson576O'Malley program for Edmond Public Schools, and I am humbled to577be able to share my testimony with you.578    Education has always been a core value for our Native579communities. This commitment is rooted in many treaties tribal580nations made with the U.S. Government, which confirmed the581foundation of government-to-government relationships. For582example, the 1825 treaty with the Osage Nation established583funding to support schools for Osage children. The 1833 Treaty584with the Otoe-Missouria included funds for the purposes of585education.586    Programs like Title VI and Johnson O'Malley are modern587extensions of these treaty commitments, continuing the legacy588of education for Native students.589    I stand before you because of the strength of generations590before me. My parents, grandparents and great-grandparents591attended boarding schools such as Carlisle, Pawnee Boarding592School, and Haskell Institute. We know these historical593education policies led to traumatic outcomes.594    However, we also know that when policies align with the595passion of the people, we witness the determination and596resilience of our ancestors.597    Title VI is vital for our Indian students. Our State has598one of the largest Indian student populations attending public599schools. Within my school district, there are 1,950 Indian600students out of 25,754 total students enrolled in Edmond public601schools. Our Indian students represent 56 diverse tribes from602Oklahoma and across the Nation that we work with.603    The Oklahoma City metro area has 11,000 Title VI students604as determined by our recent tribal consultation. These numbers605show the impact this program provides for.606    Indian students and families that attend Edmond and the607surrounding metro area schools reside away from their tribal608jurisdiction areas and communities, often limiting access and609eligibility to services and support from their tribes. Title VI610funds for public school students provides services directly611related to educational and cultural needs, a primary reason why612Title VI should remain intact.613    One highlight has been creating and implementing a high614school class that teaches our tribes' history and culture. This615class was established 26 years ago as a high school credit, and616is supported by our parent committee. A semester course had to617be developed in a creative way that included cultural618consultants, tribal representatives, and the partnerships made619with several tribes with teaching resources. This class620benefits all students by fostering respectful understanding of621cultural differences, critical thinking, and cultivating a deep622appreciation for our society today.623    It is also important to acknowledge the school district's624commitment and trust in the Indian Education program.625Professional development learning for teachers in districts,626statewide, and on a national level are a regular occurrence. In627addition to cultural learning, academic achievement and628graduation for our students is also a significant outcome.629    Most recently, our program worked extensively with the630student displaced from home during the final nine weeks of her631senior year. For this situation, the staff was able to help632this student transition to virtual Edmond by securing the633device, supplies, and broadband needed to graduate.634Administration and staff worked tirelessly to make sure this635student graduated on time.636    Even beyond the scholastic support, staff was able to637intervene when the student was confronted with an unexpected638situation and misunderstanding concerning their beaded cap639being worn at graduation. Title VI staff handled this situation640immediately. This student's commencement experience could have641gone from being one of the happiest days to the worst day.642    Acknowledgement of the challenges such as suicide,643substance abuse, bullying, homeless, foster care, sexual644assault, missing indigenous children, and the struggle to meet645basic needs is evident. These challenges are not just646statistics we look at. They are the lived experience of many647students.648    These challenges may not always be fully resolved, and649outcomes may not always align with what our families hope for.650But the Title VI program helps make each situation more651manageable. Our staff works directly with families to do what652is needed and to help Native families in our schools feel653comfortable. Without Title VI, our students are at risk of654continuing to be left behind.655    Supporting the success of thousands of Native students is656critical, and direct funding to school districts should657continue without interruption. I thank you for this opportunity658to speak before you. [Phrase in Native tongue.]659    [The prepared statement of Ms. Yellowfish follows:]660661 Prepared Statement of Sydna Yellowfish, Director of Indian Education,662                         Edmond Public Schools663    Dear Committee on Indian Affairs664    Good Afternoon, my name is Sydna Yellowfish. I am an enrolled665tribal member of the Otoe-Missouria tribe and descendent of the Osage,666Sac-Fox and Pawnee tribes. Thank you for this opportunity. I am humbled667to share my testimony based on thirty-nine years of memories as the668Coordinator for the Title VI Indian Education (formerly known as Title669IV, Title V, and Title VII) and our Johnson O'Malley (JOM) program at670Edmond Public Schools in Edmond Oklahoma, a suburb of the Oklahoma City671metropolitan area.672    Education has always been a core value for our Native communities.673This commitment is rooted in many treaties Tribal Nations made with the674U.S. Government, which confirmed the foundation of government to675government relationships. For example, the 1825 treaty with the Osage676Nation established funding to support schools for Osage children.677Similarly, the 1833 Treaty with the Oto and Missouri (Otoe-Missouria)678included funds for the purposes of education. Programs like Title VI679and JOM are modern extensions of these treaty commitments, continuing680the legacy of education for Native students.681    I stand before you because of the strength of generations before682me. My parents, grandparents and great grandparents attended boarding683schools such as Carlisle, Pawnee Boarding School, and Haskell684Institute. Institutions that were shaped by federal education policies685established by Congress for Native youth. We know these historical686education policies led to traumatic outcomes. However, we also know687that when policies align with the passion of the people, we witness the688determination and resilience of our ancestors for our current and689future generations. I am a JOM program recipient. I attended the690University of Oklahoma as a first generation student and received691educational assistance from the Bureau of Indian Affairs (BIA), Pawnee692Agency benefiting from the same legacy of support that the treaties693promised generations ago. These opportunities were critical in my life694long career as an educator which has enabled me to give back to our695community and work with Indian students, families, tribes.696Title VI Indian Education697    Title VI was originally enacted in 1965 as a part of Public Law 89-69810. It has been amended providing financial resources to public schools699for Indian students and their educational and culturally related needs.700This is vital for Oklahoma, which according to the Department of701Education has the largest number of Title VI grantees with 401 school702districts receiving direct funding from this grant, affecting 128,401703Native American students. As a state, Oklahoma has the largest Indian704student populations attending public schools. Oklahoma counties and705Tribes share jurisdictional land boundaries, creating challenges and706opportunities such as partnership in educational endeavors for native707youth. Due to the shared jurisdictional land base the majority of our708Indian students attend public schools. Within my school district there709are 1950 Indian students from 56 diverse tribes across Oklahoma and710Nations that we work with. Within the Oklahoma City metro area there711are 11,000 Title VI students as determined by our recent tribal712consultation. These numbers show the impact this program provides for.713    Indian students and families that attend Edmond and metro public714schools reside away from their tribal jurisdiction areas and Indian715communities, limiting access and eligibility to services and support716that may be offered through their tribe. Title VI funds for public717school students provide much needed services directly related to their718educational and cultural needs, a primary reason why Title VI should719remain intact. The program allows our staff to support Indian students720in broad ways as well as individually tailored which keeps them from721falling behind.722Key Impacts723    One highlight has been creating and implementing a high school724class that teaches our tribe's history and culture, including tribal725government, sovereignty, art, leaders, music and current issues. This726class was established twenty six years ago as a high school credit and727is supported by our parent committee. Textbooks are not available about728tribes and oftentimes resources lack accurate information. A semester729course had to be developed in a creative way that included cultural730consultants, tribal representatives, Native artists and the731partnerships made with several tribes to assist with teaching732resources. The class models respect for tribal teachings through733intentional engagement with tribes and community partners. Teaching734resources, tribal guides, tribal video series, and lessons for this one735of a kind class are provided for student learning. Students have736expressed the value of learning from history and Native people in the737contemporary context, learning first hand knowledge from guest738speakers, and building confidence in their own identity, culture, and739language. Also, this class benefits all students by fostering740respectful understanding of cultural differences, critical thinking and741cultivating a deep appreciation for our society today.742    It is also important to acknowledge the school district's743commitment and trust in the Indian Education programs certified744teaching staff which has resulted in sustainability of the class and745overall outcomes. In addition, professional development learning for746teachers in district, state wide and on the national level are a747regular occurrence. The consistent presence of the class, resources,748professional development and learning tools are only possible with the749support of Title VI.750    In addition to cultural learning, academic achievement and751graduation for our students is also a significant outcome.752    Most recently due to unforeseen life circumstances, our program753worked extensively with a student displaced from home during the final754nine weeks of their senior year. Title VI was the connection for this755student. For this unique situation, the staff was able to help this756student transition to virtual Edmond, secure the device, supplies and757broadband needed to continue their learning. Administration and staff758worked tirelessly to make sure this student graduated on time.759    Even beyond the scholastic support, the staff was able to intervene760when the student was confronted with a barrier from a new teacher761representative on graduation day. There was a misunderstanding762concerning the beaded cap being worn. Without Title VI staff present to763rectify this situation and avoid another possible obstacle or764humiliating moment, this student's commencement experience could have765gone from being one of the happiest days to the worst days. Furthermore766it spared a potentially disastrous experience for the school and a767stain on the district. As the staff witnessed this student reach this768major milestone to walk at graduation with joyful tears in our eyes, we769know why Title VI is needed in the lives of Native American students770throughout the Nation.771    This program is about the future of our Indian children who we all772desire to become productive citizens of our society. Prioritizing areas773of academic achievement, college and career readiness, cultural774knowledge, tribal languages, dropout prevention, and the social775emotional well-being of our students is critical for student success.776These priorities have been implemented in multiple ways with little777increase in funding from year to year.778    While we focus on the positive impact that Title VI can provide for779our Native students, we must also acknowledge challenges that some780students face. Such as suicide, substance misuse, bullying,781homelessness, foster care, sexual assault, missing Indigenous children782and the struggle to meet basic needs. For our program, these challenges783are not just statistics we look at, they are the lived experience of784many students. Although these challenges may not always be fully785resolved, and outcomes may not always align with what our families hope786for, the Title VI program helps make each situation more manageable.787Our staff directly works with families to do whatever we can to support788them, we are the main place Native families in our school feel789comfortable. Without Title VI, our students are at risk of continuing790to be left behind.791    The 401 school districts receiving Title VI programs throughout792Oklahoma provide significant support. Without Title VI, we are not able793to reach the estimated 90 percent of Indian students attending public794schools this program was created for. However, to support the success795of thousands of Native students it is critical that these programs796continue and direct funding to school districts continues without797interruption.798    These are just some of the ways our Title VI program impacts out799students:800801   Grades, attendance and behavior monitoring showing student802        progress.803804   Connecting students on IEPs, 504s, Alternative Education,805        Virtual programs, Concurrent classes and other school services.806807   Parent Committee Involvement for the direction of the808        program and their willingness to volunteer, make program809        suggestions and provide feedback for the betterment of the810        program.811812   Developing and implementing a high school Native Expressions813        class for twenty-six years, engaging and connecting all814        students to tribal learning.815816   Partnering with tribes on tribal languages and history from817        their perspective with cultural learning opportunities.818819   Working with the homeless and assisting with basic needs so820        that students can attend school and look toward the goal of821        graduating.822823   Providing weekly after school tutoring and remedial sessions824        for students.825826   Ensuring students have specific needs met with technology,827        child nutrition, and counseling.828829   Collaborating with universities for College and Career830        events for over thirty years. (Indian Youth Career Day)831832   Creating dropout prevention strategies (Broncho Bound)833834   Recognition of 3.9 GPA students for the Oklahoma Indian835        Student Honor Society.836837   Cultural student programs designed to assist students with838        their participation in the Oklahoma Native Language Fair,839        Oklahoma Indian Student Challenge Bowl, Red Earth Festival, and840        traditional hand game tournaments.841842   Collaborating with tribes on services for their citizens who843        attend public schools outside of their tribal jurisdiction844        area.845846   Providing Professional Development for staff and teachers so847        that accurate teaching resources are made available for the848        teaching of our tribal nations.--Establishing community849        partnerships with local, state, tribal and national850        organizations to increase student involvement and851        opportunities. (DAR/OKCIC/FAM/NIEA/OCIE)852853Johnson O'Malley854    The JOM program for the metro public schools under the BIE Oklahoma855Area office is extremely important for those schools who do not reside856in a tribal jurisdiction area, in many cases, Title VI and JOM programs857work side by side to support our students in public schools. JOM which858was first authorized in 1934 and has been in the Edmond Schools since8591988 provides separate guidelines and services for students enrolled in860a federally recognized tribe attending public schools. However, the861program budget was frozen in 1994, and has not increased to reflect the862current reality. When the funding was frozen our program's student863count was 211 students. Thirty-one years later in 2025, our JOM student864count is 1,624, increasing by approximately 669.7 percent. Today, funds865average out to $26.42 per student. This is based on our most recent866student JOM count submitted. This funding needs to be lifted to align867with today's student count. It is imperative that school districts not868under a tribe be afforded the mechanism to keep and maintain their JOM869program as is.870    I urge you to hear our words and our stories from those that work871directly with students on the ground, day in and day out, on behalf of872thousands of Indian children. Thank you for this opportunity to share873with you. We carry the determination of our ancestors, we honor the874strength and promise within the eyes of today's youth, and we embrace875hope for future generations.876    Attachment877878 Oklahoma Indian Education Metro Consortium--2024-2025 Title VI Programs879                              Student Count880------------------------------------------------------------------------881             School District                  # of Title VI Students882------------------------------------------------------------------------883Edmond Public Schools                     1,902884El Reno Public Schools                    651885Mid-Del Public Schools                    861886Moore Public Schools                      2,815887Norman Public Schools                     2,299888Oklahoma City Public Schools              2,482889Putnam City Public Schools                650890Western Heights Public Schools            284891Yukon Public Schools                      853892------------------------------------------------------------------------893    Total                                 12,797894------------------------------------------------------------------------895896    The Chairman. Thank you.897    Dr. Worl, welcome.898899 STATEMENT OF ROSITA WORL, Ph.D., PRESIDENT, SEALASKA HERITAGE900                           INSTITUTE901902    Dr. Worl. Madam Chair, Senator Murkowski, [phrase in native903tongue.] And honorable members of the Senate Committee on904Indian Affairs. May I first thank the Committee for holding905this critical hearing.906    My name is Rosita `aahani Worl. I serve as president of the907Sealaska Heritage Institute, which is an affiliate of Sealaska908Corporation. Sealaska was created under the Alaska Native909Claims Settlement Act of 1971 to settle our aboriginal land910claims.911    SHI's mission is to perpetuate and enhance Tlingit, Haida,912and Tsimshian cultures of Southeast Alaska. We have been913fortunate in establishing relationships with Native entities914throughout Alaska and with the Native Hawaiians that implement915Native education funded by the Department of Education grants.916    We have discussed with them the challenges of indigenous917education and the persistent lack of funding. The fiscal crisis918that the State of Alaska has been experiencing has translated919into minimal funding for Native education, making Federal920funding even more important.921    Despite these challenges, we can confidently state that922through our culture-based programs, that we have integrated923into schools with DOE funding, we have witnessed measurable924educational achievements among Native students as well as925improvements in their social and emotional wellbeing.926    Through our discussions and relationship with Native927Hawaiians, we also found that we share similar priorities,928programming, and demonstrated benefits from DOE support and929funding. We also share a common theme: culture-based930educational programs supports educational achievement.931    I would like to review key elements of Native educational932success. These findings are directly interlinked with support933and funding from the DOE and demonstrate the importance of that934department.935    Key elements of Native educational attainment. Number one,936DOE support and Federal funding were key in supporting the937direct involvement of Native entities in their children's938education and to actively engage with school districts and939school boards to promote and develop relevant educational940programs for Native students. Native involvement all supported941policy and systemic changes in schools that have come to942recognize the importance of integrating Native studies.943    The data we collected demonstrates academic progress had944largely been absent until Native entities began to receive945education grants to develop and implement culture-based946programming in schools.947    Number two, DOE's support and Federal funding allowed948Native entities to develop culture-based programming, and to949develop curriculum and educational materials that embody and950reflect Native cultures, values, and world view.951    Number three, DOE support and Federal funding supported952cultural orientations and instructions for non-Native teachers953and Native teachers training in the University of Alaska954system.955    Number four, DOE support and Federal funding allowed Native956entities to establish partnerships and to infuse funds into957financially stressed partner school districts and the958University of Alaska system to support Native education.959    Today, SHI has partnerships with 15 school districts, 16960tribes and tribal organizations, 2 educational organizations961that facilitate the disbursement of funds and programs962throughout our region. Additionally, we have partnerships with963the Bristol Bay Foundation and the Arctic Slope Community964Foundation, which are also supported by Federal educational965funding.966    While we have made significant progress, Native students'967scores continue to trail behind reported averages for all968students, demonstrating that the need persists for continued969Native educational funding.970    The academic success fostered among Native students can971largely be attributed to ANEP, the Alaska Native Education972Program. ANEP grantees have successfully intervened on behalf973of Native students and families to contribute to their success,974both academically and socially. However, we are aware that the975level of ANEP funding is not sufficient to allow more Native976entities to participate in ANEP.977    Because of the significant impact in Alaska, SHI has978recommended an increase in the 2026 ANEP appropriation to $70979million.980    I would like to conclude with the recognition and thanks to981the Department of Education and its staff for their invaluable982support, and to Congress for enacting laws and providing983funding to support quality education for Natives and students984across the Country. With adequate funding, students and985educators can have access to quality education and tools that986reflect their heritage while equipping them with the skills987necessary for future success.988    Gunalcheesh.989    [The prepared statement of Ms. Worl follows:]990991Prepared Statement of Rosita Worl, Ph.D., President, Sealaska Heritage992                               Institute993    Chair Murkowski, Vice Chair Schatz, and honorable members of the994Senate Committee on Indian Affairs. May I first thank the Committee for995holding this critical hearing to hear directly from those who know996first-hand the importance of the Department of Education for Native997education and all students alike. May I also respectfully acknowledge998Alaska's Senator, Lisa Murkowski, whom we recognize and honor as999Aanshawatk'i, Lady of the Land, of the Deisheetaan clan of Angoon.1000    My name is Rosita Worl. My Tlingit name is Yeidiklas'akw and my1001ceremonial name is Kaahani. I am Eagle from the Shangukeid! or the1002Thunderbird clan and I am from the Kawdliyaayi H!t or the House Lowered1003from the Sun in Klukwan in the Chilkat Region. I am also a Child of the1004Lukaax.adi or Sockeye clan. I serve as the president of the Sealaska1005Heritage Institute (SHI), which is an affiliate of Sealaska1006Corporation. Sealaska was created under the Alaska Native Claims1007Settlement Act of 1971 to settle our aboriginal land claims.1008    Founded in 1980, SHI's mission is ``to perpetuate and enhance1009Tlingit, Haida, and Tsimshian cultures of Southeast Alaska'' and its1010goal is ``to promote cross-cultural understanding.'' Our early1011historical leaders and grandparents had come to realize that quality1012and equitable education for all students and the integration of Native1013culture into schools were critical to the survival of Alaska Native1014cultures. Our evaluations and assessments have consistently revealed1015that integration of our federally funded cultural, language, and arts1016programs into educational institutions leads to greater academic1017achievement and school retention among Alaska Native students.1018    We have been fortunate in establishing relationships with Native1019entities throughout the State of Alaska and with Native Hawaiian1020entities that implement Native education programs funded by the1021Department of Education (DOE) grants that are available to Native1022organizations and tribes such as Demonstration Grants for Indian1023Children and the Alaska Native Education Program. We have discussed1024with them the challenges of Indigenous education and the persistent1025lack of funding.1026    The fiscal crisis that the State of Alaska has been experiencing1027has translated into minimal funding for Native education, making1028federal education funding even more important. Despite these1029challenges, we can confidently state that through our culture-based1030programs that we have integrated into schools with funding from the1031DOE, we have witnessed measurable educational achievements among Alaska1032Native students as well improvements in their social and emotional1033wellbeing.1034    I would like to add that the benefits of Native education1035programming are widespread, with non-Native students learning about our1036cultures and history, which has led to improved cross-cultural1037relationships. Coincident with these benefits, Alaskans have come to1038appreciate the value and richness of our region's cultural diversity, a1039change from earlier periods in which suppression of Native cultures was1040the norm.1041    Through our discussions and relationships with Native Hawaiians, I1042have found that we share similar priorities, programming, and1043demonstrated benefits regarding DOE support and funding, with a common1044theme: that culture-based educational programming supports educational1045achievement. Like Alaska Natives, Native Hawaiians share a priority in1046obtaining DOE support and grants to develop culturally appropriate1047programs that address:10481049   beginning reading and literacy among students in1050        kindergarten through third grade;10511052   the needs of at-risk children and youth including early1053        learning and school readiness;10541055   the needs in fields or disciplines in which Native Hawaiians1056        are underemployed; and, of course,10571058   the use of the Hawaiian language in instruction.10591060    In 2022, I had the opportunity to testify and submit written1061testimony to Senator Murkowski's field hearing on ``Transformative and1062Innovative Strategies for Better Educational Outcomes for Alaska Native1063Students'' in Anchorage, Alaska. \1\ The successes I outlined in my1064testimony resulted largely from the support of the DOE and direct1065federal funding to Alaska Native entities. I would like to briefly1066review the findings I shared then as they are directly interlinked with1067support and funding from the DOE and demonstrate the importance of the1068department. Based on our discussions and relationships with other1069Alaska Native entities, I suggest that these findings are applicable to1070other Native entities throughout the state receiving federal dollars. I1071also note that the grants awarded to SHI were shared with school1072districts, the state university system, other educational institutions,1073and tribes to enhance Native education.1074---------------------------------------------------------------------------1075    \1\ February 24, 2022. Worl, Rosita Kaahani, Ph.D., Sealaska1076Heritage Institute. Written testimony submitted to Senator Murkowski's1077field hearing, ``Transformative and Innovative Strategies for Better1078Educational Outcomes for Alaska Native Students.'' Anchorage, Alaska.1079---------------------------------------------------------------------------1080    An over-arching statewide strategic approach has been to integrate1081Native culture into educational systems targeting Native students, but1082not to the exclusion of non-Native students. To accomplish this1083objective, we developed programs to educate teachers and1084administrators, the majority of whom are non-Native, about Native1085cultures and to enhance their abilities to support Native culture1086instruction. We also supported art, language, and teacher training1087programs at the University of Alaska Southeast, again with the support1088of the DOE and federal grants that SHI received.1089    Another strategic approach was the development of formal1090partnerships with school districts and educational organizations with1091the ultimate objective of promoting systemic institutional changes that1092support Native education. These partnerships were also a means of1093maximizing our resources and infusing funds into financially stressed1094educational systems. A recent study by The Foraker Group reported that1095in 2022 SHI, with $19.8 million in revenues, was the sixth largest1096public foundation in Alaska in providing funding totaling $3.5 million1097to other entities. \2\ This does not include the 200 contractors SHI1098retains annually to support its programming throughout the region and1099state.1100---------------------------------------------------------------------------1101    \2\ 2024. The Foraker Group. ``Alaska's Nonprofit Sector:1102Generating Economic Impact.'' Anchorage. Alaska.1103---------------------------------------------------------------------------1104    Finally, to ensure that our approach was successful, we continually1105evaluated our programs to determine if we were meeting our goals of1106promoting academic success and school retention as well as imparting1107Native cultural knowledge.1108    With these strategic approaches that were supported by DOE and1109grant funding, Alaska Natives had a direct role in promoting systemic1110changes with the integration of Native culture instruction into1111educational systems. The data we collected demonstrates academic1112progress-academic progress that had largely been absent until this1113period when Native entities began to receive education grants to1114develop and implement culture-based programming in schools.1115    In my 2022 testimony, I highlighted several of our transformative1116and innovative programs that had proven to be successful in promoting1117the academic success of Native students. I have attached that reference1118as Appendix A of this document for your review.1119    I also identified key components that led to success as a result of1120the DOE's support and funding that I would now like to share with the1121Committee:1122Key Components of Native Educational Success11231124    1.    DOE's support and federal funding were key in supporting1125Native entities' direct involvement in their children's education and1126to actively engage with the administrations of school districts and1127school boards to promote and develop relevant educational programs for1128Native students.11291130    2.    DOE's support and federal funding allowed Native entities to1131develop culture-based programs. One notable example is SHI's Baby Raven1132Reads program, designed to support early childhood literacy and to1133engage parents in their children's education. This latter point is an1134especially important development. I am sure that you are aware that1135generations of Native children were institutionalized in boarding1136schools. They did not have the benefit of learning the value and1137practices of parental involvement in their children's education. The1138involvement of parents in Baby Raven Reads activities led to phenomenal1139increases in childhood literacy (see Appendix A for more information on1140this program).11411142    3.    DOE's support and federal funding supported cultural1143orientations and instruction for non-Native teachers that they could1144then teach to their students. SHI's funding also allowed us to support1145Native teacher recruitment, training, and retention in the University1146of Alaska system through scholarships, apprenticeships, and1147internships.11481149    4.    DOE's support and federal funding allowed Native entities to1150develop curriculum and educational materials that embody and reflect1151Native cultures, values, and worldviews.11521153    5.    DOE's support and federal funding allowed Native entities to1154establish partnerships and to infuse funds into partner school1155districts and the University of Alaska Southeast to support Native1156education, which ultimately promoted policy and systemic changes.1157Today, SHI has partnerships with 15 school districts and two1158educational organizations in Southeast Alaska. \3\ SHI also maintains1159partnerships with the Bristol Bay Foundation and the Arctic Slope1160Community Foundation (ASCF), which are also supported by federal1161educational funding and play a crucial role in supporting education and1162cultural preservation in their regions and throughout the State of1163Alaska. For example, the ASCF relies on ANEP funding, which enables1164them to provide essential financial resources that support initiatives1165across 26 rural communities, including language revitalization, locally1166responsive curriculum development, and academic enrichment programs.1167---------------------------------------------------------------------------1168    \3\ Chatham School District, Craig City School District, Haines1169Borough School District, Hoonah City School District, Hydaburg City1170School District, Juneau School District, Kake City School District,1171Ketchikan Gateway Borough School District, Klawock City School1172District, Mt. Edgecumbe (independent from Sitka SD), Petersburg School1173District, Sitka School District, Wrangell Public Schools, Yakutat1174School District, the Alaska Association of School Boards, and the1175Southeast Regional Resource Center.11761177    Overall, DOE support and federal funding have supported1178transformative and innovative Native educational programming that1179promotes Native academic achievement throughout the State of Alaska.1180    All that said, I must also add that while we have made significant1181progress, Native students continue to trail behind reported average1182measures for all students. For example, the 2024 proficiency data from1183the Alaska Department of Education & Early Development shows that while118420 percent of all Southeast Alaska students are Alaska Native, they are1185trailing nearly 10 percent behind the average for all students in1186proficiency demonstrating that the need persists for continued Native1187educational funding.1188    Furthermore, I must also emphasize that the impacts of COVID-19,1189wherein the closure of schools, social isolation, and lack of access to1190computers to participate in virtual programing, exacerbated the1191problems faced by Native students across the state. Reports from1192schools indicate that the academic gains that we had made have since1193been eroded. Additionally, these reports reveal an increase of self-1194harm. While an infusion of federal funds had been made available to1195address the COVID-19 impacts, I am concerned that the effects will be1196long term and far outlast this limited cash infusion.1197    One of the primary DOE funding sources that I would like to1198highlight is the Alaska Native Education Program (ANEP). The late1199Senator Ted Stevens originally authored the Alaska Native Education1200Equity, Support, and Assistance Act in the 1990s to create equity in1201education for Alaska Natives after the Bureau of Indian Affairs schools1202closed in Alaska. Initially, ANEP funding was available to school1203districts, educational organizations, the state's university system,1204and Alaska Native entities. Under these regulations, Native entities1205received only a fraction of allotted funds.1206    In 2016, as a result of an Alaska Federation of Natives resolution,1207the regulations were changed to limit ANEP grant eligibility to Native1208entities. From this period, we began to see improvements in Native1209academic achievement with the direct engagement of Native entities1210across the state in education. This is exemplified in part by the1211graduation rate for Native students participating in ANEP-funded1212programs, such as those administered by Cook Inlet Tribal Council and1213SHI, which are consistently in the 90 percent range over the past1214decade. This progress is the result of intentional effective1215programming for students in kindergarten through grade 12, targeting1216each developmental level with the necessary supports that lead to1217academic success.1218    The academic success fostered among Native students that I have1219outlined can largely be attributed to ANEP funding. ANEP grantees have1220successfully intervened on behalf of Native students and families to1221contribute to their success both academically and socially. However, we1222are aware that the level of ANEP funding is not sufficient to allow1223more Native entities to participate in ANEP.1224    SHI has continually advocated for increased ANEP funding to support1225the inclusion of additional grantees because of the known educational1226benefits ANEP-funded programs provide. Additionally, SHI will provide1227grant writing training to other Native entities on May 5-9. We have1228found that a minimal number of Native entities participate in federal1229program-sponsored grant writing training. Since we partner with and1230extend our grant funds to other Native entities and have relationships1231with multiple Native organizations and tribes outside of Southeast1232Alaska, we believe that an increased number of Native entities would1233participate in our grant writing training that could potentially lead1234to ANEP grant awards. Because of its significant impact in Alaska, SHI1235has recommended an increase in the 2026 ANEP appropriation to $701236million from its 2025 appropriation of $44.953 million.1237    I would like to conclude with the recognition of the Department of1238Education and its staff, who have proven to be invaluable in not only1239administering grant funds, but in responding to the multiple and1240ongoing questions we have posed about educational programming. They1241have sponsored invaluable grant project directors' meetings in which1242directors share lessons learned and information about approaches and1243techniques that have proven to be successful. The dedicated DOE staff1244share with grantees recent academic studies related to our programs1245that highlight important lessons for academic and social success. They1246also support and advance our recommendations to the Secretary of1247Education and ultimately to Congress that we believe will lead to1248improvements in Native education.1249    I would like to extend my thanks to the Department of Education for1250their support and to Congress for enacting laws and providing funding1251to support quality education for Natives and students across the1252country.1253    We believe that the educational success of students in our1254communities, state, and country can support enhanced quality of life1255for individuals and healthy and self-sustaining societies. With1256adequate funding, students and educators across Alaska have access to1257quality education and tools that reflect their heritage while equipping1258them with the skills necessary for future success.1259    Gunalcheesh12601261    Appendix A1262Tlingit Culture, Language, and Literacy Program1263    In 2000, SHI founded the Tlingit Culture, Language, and Literacy1264(TCLL) program in the Juneau School District to increase the academic1265performance of Native students in kindergarten through fifth grade. A12662013 longitudinal study found that over a ten-year span, TCLL students1267generally did as well as or better than their non-Native peers on1268standardized tests in reading and writing. It also showed that 601269percent of the first cohort of TCLL students graduated from high1270school, compared to the overall Alaska Native graduation rate in1271Juneau, then 47 percent. \4\1272---------------------------------------------------------------------------1273    \4\ Figures in this section come from the 2013 report published by1274Sealaska Heritage Institute, ``Ten Years Later: A History of the1275Tlingit Culture, Language, and Literacy Program in the Juneau School1276District.''1277---------------------------------------------------------------------------1278    By 2011, the program was operating with its own curriculum that1279integrated Tlingit cultural history, arts, and oral narratives with the1280district's curriculum. However, from 2012 to 2018, the district adopted1281Alaska's new content standards for English language arts, mathematics,1282social studies, and science and the TCLL program had to set aside its1283own curriculum--though it continued to provide students with 30 minutes1284of Tlingit language instruction, four days a week.1285    In 2017, the district asked the TCLL teachers to create a1286culturally rich curriculum based on the district's adoption of Alaska's1287new content standards. A three-year grant (2018-2021) awarded to SHI by1288the US Department of Education allowed TCLL's teachers, fluent Tlingit1289speakers, advanced second language speakers, and Tlingit linguists to1290complete the first of two phases needed for TCLL to operate as a dual-1291language program. During this phase, the TCLL program:12921293   Hired three Tlingit language teachers, adopted a co-teaching1294        model, and provided content-based instruction (with Tlingit as1295        the medium of instruction) for its Native students.12961297   Revised its Tlingit Language Proficiency Scope and Sequence1298        (based on the Northwest Indian Language Institute's Language1299        Proficiency Benchmarks) in order to implement leveled student1300        assessments.13011302   Developed a new TCLL program curriculum aligned with the1303        Alaska content standards for K-5 English language arts,1304        mathematics, social studies, and science.13051306    On average, 65 percent of the TCLL program's students were1307economically disadvantaged at the start of the federally funded1308project, a significantly higher rate than for the Juneau School1309District as a whole (30 percent). Research shows that challenges1310related to economic conditions in the home can delay children's1311development of the oral language skills, vocabulary, and emergent1312literacy skills necessary for reading \5\ and the number competencies1313necessary for mathematics. \6\1314---------------------------------------------------------------------------1315    \5\ Hoff, E. (2013). ``Interpreting the early language trajectories1316of children from low-SES and language minority homes: Implications for1317closing achievement gaps.'' Developmental Psychology, 49(1), 4-14.1318    \6\ Jordan, N. C., & Levine, S. C. (2009). ``Socioeconomic1319variation, number competence, and mathematics learning difficulties in1320young children.'' Developmental Disabilities Research Reviews, 15(1),132160-68.1322---------------------------------------------------------------------------1323    The federal funding SHI received for the TCLL program also1324supported Tlingit language revitalization by promoting the use of the1325language in students' homes. At a meeting during this phase of the1326project, a parent of a TCLL student explained: ``Learning our language1327gives us connection to our ancestors, brings healing to our soul, and1328brings us into our future. . . I tell my son we are blessed to be able1329to learn our language because people tried to take it from us.''1330    A comparison of TCLL students' Measure of Annual Progress (MAP)1331scores prior to SHI's use of federal funding to enhance programing for1332TCLL students to their MAP scores at the end of the first year of the1333grant demonstrate the efficacy of SHI's use of federal funding. \7\ In1334one year, the percentage of TCLL students proficient in reading1335increased by 17 points and the percentage of TCLL students proficient1336in mathematics increased by 12 points.1337---------------------------------------------------------------------------1338    \7\ Note that due to the COVID-19 pandemic, the Juneau School1339District was unable to conduct MAP testing for all of its elementary1340school students in 2020 and 2021.1341---------------------------------------------------------------------------1342    For further comparison, the percentage of change for the other1343students served by the same elementary school where the TCLL program1344operates as a ``school within a school'' demonstrated an increase in1345reading proficiency of 6 percentage points and a decrease in math1346proficiency of 1 point over the same time-period and based on those1347students' MAP scores. SHI is now applying for funding from the US1348Department of Education to support the second phase needed for TCLL to1349operate as a dual-language program.1350Baby Raven Reads Program1351    Since 2014, Sealaska Heritage has sponsored Baby Raven Reads (BRR),1352a nationally recognized, award-winning program that improves early1353literacy skills by translating cultural strengths into home literacy1354practices. Alaska Native families with children up to age 5 receive1355books published through the program and attend family literacy events1356that are rooted in culture, community, and place. The pilot project1357began in Juneau in 2014. Initial feedback was astounding. Through a1358partnership with Tlingit & Haida Head Start, the program now serves 161359communities in Southeast Alaska, providing meaningful family engagement1360opportunities and professional development for early childhood1361educators throughout the region.1362    Through BRR, the number of Alaska Native students consistently1363demonstrating phonetic awareness increased by 20 percentage points from13642014-2020. During this time, the proportion of non-Alaska Native1365students consistently demonstrating phonetic knowledge decreased by 51366percentage points.1367    BRR was recognized in 2017 by the Library of Congress, which gave1368SHI its Best Practice Honoree award, making it one of only 15 programs1369in the world to receive the award that year. SHI has received several1370awards for the incredible book series published through Baby Raven1371Reads. Shanyaak'utlaax: Salmon Boy won the 2018 American Indian Youth1372Literature Best Picture Book award from the American Indian Library1373Association (AILA) and Raven Makes the Aleutians and Celebration1374received AILA Picture Book Honor awards in 2020 and 2024, respectively.1375How Devil's Club Came to Be was recommended by American Indians in1376Children's Literature (AICL) and film producers have expressed interest1377in producing an animated film based on the book. The board books Cradle1378Songs of Southeast Alaska and Wilgyigyet: Learn the Colors in Sm'algyax1379were also AICL-recommended titles.1380    One parent shared, ``I cried tears of happiness and sorrow when we1381received [the 2018 Raven series] in the mail because I thought of how1382amazing it was that my children will forever have something so powerful1383in their lives that I didn't have and how my grandmother and those1384others that came before me suffered and fought so hard for us to be1385where we are today as Indigenous Peoples.'' \8\1386---------------------------------------------------------------------------1387    \8\ Parent feedback from a Baby Raven Reads Parent-Child Project1388Assessment.1389---------------------------------------------------------------------------1390    Program evaluations reveal that the elements contributing to the1391success of BRR are as follows:13921393    1.Federal funding to support BRR programs13941395   ANEP, STEPS, and ANA have contributed a combined total of1396        just over $6.5 million since 2014.13971398    2.Direct involvement of Native entities in BRR programming13991400   Tlingit & Haida Head Start centers in 10 Southeast Alaska1401        communities: Angoon, Craig, Hoonah, Juneau, Klawock,1402        Petersburg, Saxman, Sitka, Wrangell, and Yakutat.14031404   Five Southeast Alaska tribal entities: Yakutat Tlingit1405        Tribe, Organized Village of Kake, Metlakatla Indian Community,1406        Chilkat Indian Association, and Ketchikan Indian Community.14071408   Language immersion involvement in two schools: Haa Yoo1409        X'atangi Kudi Tlingit language nest in Juneau and Xantsii Naay1410        Haida Immersion Preschool in Hydaburg.14111412    3.Involvement of Native parents in BRR programs including reading1413to and with Native students14141415   Current enrollment is near 500 families, serving more than1416        766 children.14171418    4.Children's books based on Native culture and oral traditions,1419written by Native authors and illustrated by Native artists14201421   30 publications have been produced since 2016 with Tlingit,1422        Haida, and Tsimshian cultural themes.14231424    SHI is ecstatic about the success of the Baby Raven Reads program1425and believes it should be replicated statewide if not nationwide.1426Thru the Cultural Lens1427    SHI is completing the ninth year of Thru the Cultural Lens (TCL), a1428cultural responsiveness training program for educators. The core of the1429program is a 50-hour professional development seminar for educators1430designed to enhance participants' understanding of Alaska Native1431cultures, provide strategies and resources for developing culturally1432responsive classrooms, and foster a sense of community among those1433dedicated to providing more place-based and culturally relevant school1434experiences. Four seminars are offered annually, with two hybrid1435cohorts in Juneau (fall and spring), and two virtual cohorts for1436southern Southeast communities including Hydaburg, Ketchikan,1437Metlakatla, Petersburg, and Wrangell (fall and spring). Participants1438receive a stipend and three credits for successful program completion.1439    To support the growing community of educators working to become1440more culturally responsive practitioners, TCL hosts an annual region-1441wide education conference. In this third three-year grant cycle, TCL is1442on track to meet its targets including expanding to southern Southeast1443Alaska, serving 120 educators through the in-depth seminar, and1444reaching 600 participants through the annual culturally responsive1445education conference.1446    Seminar participants say the experience is transformative,1447providing inspiration, confidence, and vital new connections to1448colleagues, Alaska Native Elders and scholars, and resources. Further,1449they report that they feel confident integrating what they have learned1450into their teaching practice and say the program helps them create a1451better learning environment for all students. Many describe it as life1452changing, as demonstrated by this sampling of participants' post-1453seminar comments:14541455   ''I think I cried at every class. What some of these1456        teachers have done in their classroom was just mind blowing. It1457        just made me want to be a better teacher. It was very1458        empowering.''14591460   ''I think this is a thing every educator in Alaska should1461        do. I think this should be taught to students in college. I1462        think this should be part of the required course for new1463        teachers to the state.''14641465   ''The content was unmatched. And being Alaska Native and1466        being in the culture, that's something to say for Sealaska. You1467        don't find that kind of content anywhere, and the way they1468        lined up the speakers was incredible.''14691470   ''I feel like my heart was opened in a lot of ways. It was1471        not textbook learning. It was actual personal stories and1472        people who were passionate about what they talked about. It1473        changed some of my views.''14741475   ''I feel so much more educated as a person in general.''14761477   ''I've been teaching for 28 years, and there were things1478        I've never heard before-methodologies and pedagogies. I grew so1479        much as a teacher.''14801481Traditional Native Games1482    While not viewed strictly as an academic program nor accepted by1483schools as an official school sport, the participation of Native1484students in traditional Native games has had a significant beneficial1485impact on Native students. As one Juneau school board member commented,1486it is the only program that is benefiting a population who she1487identified as ``at-risk'' Native students.1488    First, we want to recognize Cook Inlet Tribal Council (CITC), long-1489time host of NYO Games, for its 2016 evaluation report that prompted1490SHI to integrate Native games into Southeast Alaska schools.1491    The Traditional Games of the Native Youth Olympics (NYO) includes1492multiple events and competitions. They are based on traditional forms1493of training used to build the strength, agility, and endurance1494necessary for hunting and survival. These games have been practiced by1495Indigenous people in Alaska and across the Arctic, going back hundreds1496of years. The Games include events such as the Seal Hop, which is a1497traditional hunting technique meant to mimic seal movements; the1498Scissor Broad Jump, Kneel Jump, One-Hand Reach, and the Alaskan High1499Kick to test agility; and the Wrist Carry, Dene Stick Pull, and Inuit1500Stick Pull to test strength. The Games are open to Native and non-1501Native students.1502    The start of the current NYO program for middle and high school1503students in Southeast Alaska has been the work of coach Kyle Worl, who1504is now a staff person with the Central Council of Tlingit & Haida1505Indian Tribes of Alaska (T&H). He was successful in establishing1506partnerships with SHI, T&H, Goldbelt Heritage Foundation, and the1507University of Alaska Southeast to expand the sport across the region1508and to host the annual regional competition in Juneau.1509    NYO has had a quantifiable positive impact on Alaskan youth,1510reaching 2,032 individual participants in the Juneau Traditional Games1511in 2019 alone. Surveys from that event and CITC's 2016 report show1512promising results for positive impacts on Alaskan youth. Notable1513highlights include:15141515   Improved academic performance15161517        --74 percent of surveyed student athletes improved or1518        maintained good grades in order to continue participation in1519        NYO Games (CITC, 2016)15201521   Reduced truancy15221523        --77 percent of surveyed student athletes credited NYO as an1524        incentive to stay in school (CITC, 2016)15251526        --When surveyed again in 2019, 89 percent of athletes responded1527        that NYO/Traditional Games made them want to stay in school1528        (SHI, 2019)15291530   Improved physical and mental health and wellbeing15311532        --66 percent of surveyed student athletes indicated improved1533        self-confidence (CITC, 2016)15341535        --When asked ``How has your health changed through1536        participation in NYO Games?'' at the 2019 Traditional Games in1537        Juneau, 27 percent of participants reported improved general1538        health and 13 percent of participants reported a better sense1539        of wellbeing (SHI, 2019)15401541        --97 percent of athletes reported an increase in ``hard work''1542        (SHI, 2019)15431544        --95 percent reported an increase in ``self-confidence'' (SHI,1545        2019)15461547        --87 percent reported an increase in ``self-esteem'' (SHI,1548        2019)15491550    Both reports on NYO from 2019 and 2016 show promising trends in1551academic performance and involvement and the wellbeing of the athletes.1552Additionally, the athletes themselves noted how NYO has personally1553affected their lives. When interviewed about NYO and participation in1554school, one 2019 athlete shared the following: ``I do NYO because I was1555alone, I couldn't find something meaningful. I play so I can feel proud1556of myself, and get my family back into Native culture, starting with1557me.''1558    NYO and Traditional Games influence young people to improve1559academic performance, strengthen overall health and wellbeing, and1560instill important tribal values, including leadership and respect--1561values that make strong communities and build tomorrow's leaders.1562Another 2019 athlete voiced these values in their interview, saying1563``Mind, body, and spirit--the games help with all three of those1564things.''1565    While we have managed to piece together funding to support1566Traditional Games in our schools, the evaluations show that funding for1567Traditional Games should be implemented as a program widely supported1568by the federal government.1569Native Leadership and Participation in Education1570    Key to SHI's and other Native entities' success has been the1571leadership and direct participation of Natives in educational systems.1572The data outlined below clearly shows that Native leadership and1573participation in schools facilitated Native education success. It was a1574stark change that transformed educational systems with a record of1575dismal failure to one that promoted the academic achievement and school1576retention of Native students.1577    Native communities and educators alike have long lamented that1578Native families were not engaged in their children's education. We1579believe that federal funding and programs that have been made available1580to Alaskan tribes and Native entities have facilitated the direct1581participation of Alaska Natives in educational program development and1582management.1583    Federal funding has allowed tribes and Alaska Native entities to1584become directly engaged in the education of Native children, including1585the following accomplishments:15861587   designing culture-based programs and curricula materials and1588        resources;15891590   advocating for the integration of language and culture into1591        schools;15921593   training teachers to provide culturally responsive training;15941595   creating instructional practices in the classroom that1596        engage and connect with Native students;15971598   collaborating with the University of Alaska to recruit and1599        train Native teachers; and16001601   identifying key areas where Native students were under-1602        performing, and to then develop culturally responsive programs1603        to address those challenges.16041605    The State of Alaska is responsible for providing education for all1606of its citizens, but we as Native peoples had to go to court to ensure1607that the State fulfilled its responsibility and established schools in1608Native communities. Although we were able to secure schools in our1609communities, significant disparities between the academic achievement1610of Alaska Native and non-Native students persisted. It was only when1611Native entities became directly involved in Native education that we1612began to see improvement in achievement scores and graduation rates and1613reduction in dropout rates.1614    To support this assertion, I would like to highlight a few data1615elements from the Alaska Department of Education & Early Development1616that reflect improvements in Native education.1617    The high school graduation tests in reading and math from 2003 and16182014 show that Native students doubled the increase in reading scores1619in contrast to non-Native students. In math for the same years, Native1620students had an increase of near 5 percent more non-Native students.16211622    Pass Rates for Alaska High School Graduation Tests, 2003 vs. 20141623------------------------------------------------------------------------1624                      2003 Reading      2014 Reading        Increase1625------------------------------------------------------------------------1626White               81.5%             92%               10.5%1627Native              44.6%             66.8%             22.2%1628------------------------------------------------------------------------1629                    2003 Math         2014 Math         Increase1630------------------------------------------------------------------------1631White               79%               85.1%             6.1%1632Native              50.1%             60.7%             10.6%1633------------------------------------------------------------------------16341635    In terms of statewide graduation rates, we saw substantial1636improvement in the graduation rates of Alaska Natives, which went from163749 percent in 2000 to 69 percent in 2017--an increase of 20 points.16381639          Alaska High School Graduation Rates, 2000, 2010, 20171640------------------------------------------------------------------------1641                     2000           2010          2017        Increase1642------------------------------------------------------------------------1643All students    61%            68%            78.2%         17.2%1644White students  65%            75.2%          82.2%         16.8%1645Native          49%            50.7%          69%           20%1646 students1647------------------------------------------------------------------------16481649    While Native student scores and graduation rates continue to lag1650behind non-Native students', we have narrowed the gap. We believe that1651federal funding that was made available to Native entities throughout1652Alaska has contributed to this improvement. With the support of federal1653grants and the participation of Native entities in education, we are1654making progress.1655    We must continue to maximize the leadership and participation of1656Alaska Natives in the planning and management of Alaska Native1657education programs that have been made possible by federal funding.1658This funding has become even more critical as the State of Alaska has1659continued to reduce educational funding as a result of the fiscal1660crisis Alaska has experienced in the last several years.1661    SHI readily concedes that we yet have much work to overcome the1662serious educational disadvantages Native students face, but through1663past and ongoing federal grants, we are making progress. Our success in1664promoting systemic changes in schools has resulted in widespread1665understanding of the necessity and benefits of integrating Native1666language and cultures and culture-based programming into our1667educational system.1668    We would like to recognize the efforts of the late Congressman Don1669Young and thank Senators Murkowski and Sullivan for their continued1670advocacy and support of Alaska Native education. Their work has1671contributed to the progress we have made in Native academic achievement1672and school retention.1673    Gunalcheesh.16741675    The Chairman. Gunalcheesh, Dr. Worl.1676    Welcome, Ms. Russell.16771678   STATEMENT OF NICOLE RUSSELL, EXECUTIVE DIRECTOR, NATIONAL1679           ASSOCIATION OF FEDERALLY IMPACTED SCHOOLS16801681    Ms. Russell. Chairwoman Murkowski, Vice Chairman Schatz,1682and distinguished members of the Committee, thank you for the1683opportunity to testify today.1684    My name is Nicole Russell. I am the Executive Director of1685the National Association of federally Impacted Schools, or1686NAFIS, representing more than 1,000 federally impacted school1687districts nationwide that educate nearly eight million1688students, more 105,000 on tribal lands.1689    federally impacted school districts are those which depend1690on the continued support of Impact Aid, the oldest elementary1691and secondary education funding program that represents the1692Federal responsibility to reimburse public schools for lost1693property tax revenue due to non-taxable Federal property, such1694as Indian and restricted fee land, Alaska Native Claims1695Settlement Act lands, and other property.1696    NAFIS is grateful for Congress' bipartisan support and1697hopes that strong support will continue. Eight committee1698members have joined the Impact Aid caucus and seven signed a1699bipartisan ``dear colleague'' letter, led by Senator Lujan,1700supporting robust Impact Aid funding in Fiscal Year 2025.1701    Impact Aid is not a handout. It is a Federal obligation1702borne of treaties, trust responsibility and the unique status1703of tribal lands as non-taxable. Public schools that serve1704Native American students and all students impacted by Federal1705lands face significant fiscal disadvantages, because they1706cannot rely on traditional property tax revenue to fund their1707schools. Impact Aid exists to bridge that gap.1708    Today, we are confronted with serious discussions about the1709potential dismantling of the U.S. Department of Education and1710the erosion of Federal support for public schools. Eliminating1711the department would be devastating. In fact, well over 901712percent of Native American students are educated in traditional1713public schools.1714    Impact Aid is administered efficiently, sending funds1715directly to school districts which allows school leaders the1716flexibility to make local decisions, precisely the kind of1717governance many are advocating for today. Many schools that1718receive Impact Aid are the economic engines that drive that1719community forward.1720    Impact Aid can be used for any legal purpose, including1721special services, transportation, culturally relevant1722instruction, language revitalization programs, or teacher1723housing. Moving Impact Aid to a different agency would1724introduce unnecessary bureaucratic hurdles, result in a loss of1725valuable institutional knowledge and lead to significant delays1726in payments.1727    If the Department is dismantled, the very schools that1728heavily rely on Impact Aid will be the first to suffer. Despite1729its importance, Impact Aid has not been fully funded since17301969, leaving schools struggling to fill those gaps. NAFIS is1731grateful for Senator Lujan's and Senator Tillis' leadership of1732the bipartisan Advancing Toward Impact Aid Full Funding Act1733last Congress.1734    Many school facilities serving Native students are in1735urgent need of repair. Unlike most public schools, federally1736impacted districts have limited to no bonding capacity to fund1737school construction or renovation. Impact Aid construction1738grants funded at only $19 million annually provide critical1739funding for infrastructure improvements, yet demand far exceeds1740available resources.1741    That is why we are grateful to Senator Hirono for leading1742and Senator Smith for cosponsoring the Impact Aid1743Infrastructure Partnership Act, which proposes enough funding1744for access to safe, modern educational facilities and expands1745the use of funds to include teacher housing, a major challenge1746for many Native communities.1747    Impact Aid has tribal consultation requirements, ensuring1748that schools meaningfully engage with tribal representatives1749and parents. These policies promote collaboration,1750transparency, culturally relevant solutions, and equitable1751access to educational resources.1752    Impact Aid reflects this Nation's moral and legal1753obligation to Native communities. I urge Congress to prioritize1754and protect Impact Aid, the education of Native American1755students, the next generation of Native leaders, and the1756integrity of our Nation's promises depend on it.1757    Thank you for your time, your attention, and your continued1758commitment to tribal lands and federally impacted communities.1759    [The prepared statement of Ms. Russell follows:]17601761  Prepared Statement of Nicole Russell, Executive Director, National1762               Association of Federally Impacted Schools1763    Chairwoman Murkowski, Vice Chairman Schatz, and distinguished1764Members of the Committee:1765    Thank you for the opportunity to testify today. My name is Nicole1766Russell, Executive Director of the National Association of Federally1767Impacted Schools (NAFIS), and I am here representing more than 1,0001768federally impacted school districts nationwide that educate nearly1769eight million public school students, including over 105,000 students1770living on Tribal lands. Federally impacted school districts are those1771which depend on the continued support of Impact Aid--a program that is1772not only foundational to public education in federally impacted areas1773but is a critical promise kept between the federal government and1774Native communities. It provides resources that empower Native American1775youth with the skills, knowledge, and opportunities to thrive1776academically, professionally, and personally.1777    NAFIS is grateful for Congress's bipartisan support of the Impact1778Aid program and hopes that strong support will continue. As an example1779of that, eight committee members have joined the Impact Aid Caucus.1780Seven signed a bipartisan Dear Colleague letter led by Senator Luj n1781supporting robust Impact Aid funding in FY 2025.1782    Impact Aid is the oldest elementary and secondary education funding1783program, celebrating its 75th anniversary this year. Impact Aid1784represents the Federal Government's responsibility to those local1785communities where it holds significant non-taxable property, such as1786Indian trust and restricted fee land, Alaska Native Claims Settlement1787Act land, military installations, Federal low-rent housing facilities,1788national parks, national laboratories, and other federal property.1789Among all student categories for the Section 7003 Basic Support1790program, those who resided on Indian lands--to use the legal term--are1791the group the receives the highest weight in formula allocations, and1792the only group that increased enrollment from FY 2024 to FY 2025.1793Native American student enrollment is not declining in public schools--1794it is increasing.1795    Impact Aid is not a handout. It is a federal obligation--born of1796treaties, trust responsibility, and the unique status of Tribal lands1797as non-taxable. In the United States Code, Impact Aid's statutory1798purpose acknowledges a need to provide financial assistance to local1799school districts to, in part, ``fulfill the responsibilities of the1800Federal Government with respect to Indian tribes'' (20 U.S.C. 7701).1801Public schools--including public charter schools--that serve Native1802American students, military-connected children, and all students in1803districts impacted by federal lands face significant fiscal1804disadvantages because they cannot rely on traditional state and local1805property tax revenue to fund their schools. Impact Aid exists to bridge1806that gap. It is the mechanism by which the federal government fulfills1807its commitment to ensure educational access for these communities.1808    Additionally, Section 7002 Federal Property program compensates1809local school districts for federal property and recognizes the trustee1810relationship that the United States plays in administering trust and1811restricted fee lands for Tribes or allottees. The Section 70071812Constructions Grants program helps pay for the construction and repair1813of school buildings and sets aside 20 percent for schools who enroll1814children living on Tribal lands.1815Keep Impact Aid in the U.S. Department of Education1816    Today, we are confronted with serious discussions about the1817potential dismantling of the U.S. Department of Education and the1818erosion of federal support for public schools. Eliminating the1819Department would be devastating for federally impacted school districts1820and the students they serve--many of whom are Native American. In fact,1821despite some recent statements that suggest the Department does not1822play a role in educating Native American students, the vast majority of1823Native American students (well over 90 percent) are educated in1824traditional public schools.1825    Impact Aid is unique. It is not a program administered with strings1826attached, and by nature it is flexible to allow for maximum local1827control. It does not impose curriculum or federal mandates. It is1828administered efficiently by sending funds directly to school districts,1829which allows school leaders to make local decisions with local1830control--precisely the kind of governance many are advocating for1831today. It does, however, require specialized technical knowledge from1832the federal program analysts who lead and oversee its implementation.1833Moving Impact Aid to a different agency would introduce unnecessary1834bureaucratic hurdles, result in a loss of valuable institutional1835knowledge, and lead to significant delays in payments to schools1836serving Native students. If the Department of Education is dismantled,1837the very schools that heavily rely on Impact Aid will be the first to1838suffer.1839Increase Funding for Impact Aid1840    Federally impacted school districts cannot afford stagnant or a1841loss of funding, given their continuing high student needs and high1842inflation. Despite its importance, Impact Aid has not been fully funded1843since 1969, leaving schools struggling to fill financial gaps. Since1844then, a needs-based proration formula determines payments, which is1845included in the law, adding an additional layer of complexity to an1846already intricate program. Schools serving Native students must make1847difficult choices, such as cutting academic programs, delaying facility1848repairs, or increasing class sizes, all of which negatively impact1849student outcomes.1850    Impact Aid is one of the only federal K-12 education programs that1851is not forward funded so relies on annual appropriations to distribute1852payments. When Congress passes continuing resolutions that delay final1853appropriations, many school districts serving large populations of1854Native American students face uncertainty in budgeting and planning.1855Ultimately, that can cause delays in hiring and staffing, reduced1856program offerings, and cash flow challenges that hinder the quality of1857education that students receive.1858    Impact Aid was designed to fulfill the federal government's1859obligation to federally impacted school districts, yet chronic1860underfunding and delayed payments undermines this responsibility. Fully1861funding Impact Aid would provide schools with the financial stability1862needed to enhance educational opportunities, improve infrastructure,1863and ensure Native students receive the support they need.1864    NAFIS is grateful for Senator Lujan's and Senator Tillis's1865leadership of the bipartisan Advancing Toward Impact Aid Full Funding1866Act. We look forward to the re-introduction this year. That bill would1867create a five-year plan to fully fund Section 7003 Basic Support and1868offer a proportional increase to Section 7002 Federal Property. It1869would also provide substantial boosts to Section 7003(d) Children with1870Disabilities and Section 7007 Construction. These increases would1871deliver significant annual funding improvements for school districts,1872helping ensure all students have the resources they need to reach their1873full potential.1874    Many schools that receive Impact Aid are the economic engines that1875drive the community forward as a major employer and fulfill vital1876community roles like a disaster shelter and civic center. Federally1877impacted school districts can use Impact Aid for any legal purpose,1878including special education services, technology upgrades, and1879transportation, based on the needs of the local community. These are1880not luxuries; they are essentials. For Native American students, Impact1881Aid can provide critical support for culturally relevant instruction,1882language revitalization programs, teacher housing, and safe, modern1883school facilities.1884Invest in School Infrastructure1885    Many school facilities serving Native students are in urgent need1886of repair. Unlike most public schools, federally impacted districts1887have limited to no bonding capacity or are unable to raise local1888property taxes to fund school construction or renovation. Impact Aid1889Construction Grants provide critical funding for infrastructure1890improvements yet demand far exceeds available resources. Many schools1891serving Native students operate in buildings that are decades old, with1892documented health and safety concerns.1893    The American Society of Civil Engineers (ASCE) recently gave public1894schools a D+ on its 2025 Infrastructure Report Card, highlighting a1895projected $429 billion funding gap for essential renovations between18962024 and 2033, based on current federal investment levels. Without1897significant reform, this shortfall will continue to grow.1898    The average public school is 49 years old, reaching the critical189950-year design life, when essential facility systems need major1900upgrades or replacements. However, less than one half of all public1901school buildings have undergone significant renovations since1902construction, and less than one third have seen improvements in the1903last 15 years. Currently, 41 percent need HVAC updates, and 28 percent1904require upgrades to lighting, roofing, or security systems. In many1905cases, rebuilding is now more cost-effective than the extensive1906repairs.1907    The current Impact Aid Construction allocation of just $19 million1908per year is insufficient to meet most internal renovation needs and1909provides no funding to build new schools or address teacher housing.1910    That's why we are grateful to Senator Hirono for leading the Impact1911Aid Infrastructure Partnership Act, which proposes an additional $2501912million per year over four years for the program, providing students1913and staff in federally impacted school districts with access to safe,1914modern education facilities. This legislation also expands the1915allowable use of Impact Aid Construction funds to include teacher1916housing, which is a major challenge for many school districts located1917on Indian lands. These school districts are often remote, and teachers1918must either live in district-provided housing or commute long1919distances. This directly affects staff recruitment and retention, as1920many educators leave these districts for better working conditions,1921ultimately impacting the quality of education Native students receive.1922Recognize the Importance of Tribes and Native Families in Education1923    Similar to Johnson-O-Malley and Title VI grants, Impact Aid has1924Tribal consultation requirements. The Indian Policies and Procedures1925(IPP) provision in the Impact Aid program ensures that school districts1926receiving Impact Aid funds that serve students who reside on Indian1927lands meaningfully engage with Tribal representatives and parents of1928Native American students. These districts must develop and implement1929IPPs to ensure Native American communities can provide input on1930educational programs and services affecting their children. School1931districts must respond to that input, facilitating government-to-1932government communications with the Tribe on the needs of their1933children. These policies promote collaboration, transparency,1934culturally relevant solutions, and on par access to educational1935resources, aligning with federal requirements to support the unique1936needs of Native American students in federally impacted districts.1937    In addition, Tribal partnerships assist school districts in1938maximizing their Impact Aid payments. Through working with the Tribe,1939districts can more effectively navigate the Impact Aid student count1940process--a crucial step in the application cycle that involves1941certifying each student's connection to federal land--and ensure that1942every eligible student is accounted for in the payment formula.1943Conclusion1944    Impact Aid is not just a budget line item. It reflects this1945nation's moral and legal obligation to Native communities. Eliminating1946or reducing it would break faith with generations of families who have1947entrusted their children to the public school system under the premise1948that the federal government would do its part.1949    I urge this committee--and the full Senate--to protect and1950prioritize Impact Aid. If anything, it should be expanded, not1951endangered. The education of Native American students, the next1952generation of Native leaders, and the integrity of our nation's1953promises, depend on it.1954    Thank you for your time, your attention, and your continued1955commitment to tribal nations and federally impacted communities.19561957    The Chairman. Thank you, Ms. Russell.1958    And we turn to Ms. Rose. Welcome.19591960  STATEMENT OF AHNIWAKE ROSE, PRESIDENT/CEO, AMERICAN INDIAN1961                  HIGHER EDUCATION CONSORTIUM19621963    Ms. Rose. Chairman Murkowski and members of the Committee,1964thank you for the opportunity to testify today. My name is1965Ahniwake Rose, I am a citizen of Cherokee Nation, and I serve1966as the President and CEO for the American Indian Higher1967Education Consortium, also known as AIHEC.1968    AIHEC's vision is strong sovereign nations through1969excellence in tribal higher education. We accomplish this by1970supporting our 34 accredited tribal colleges and universities1971or TCUs, which operate more than 90 campuses and sites in 161972States.1973    TCUs serve students from over 250 federally recognized1974tribal nations and embody a vital component of tribal higher1975education. Rooted in treaties and authorized by the1976Constitution, the Federal Government's unique responsibility to1977tribal nations ahs been repeatedly reaffirmed. These trust and1978treaty obligations are owed to tribal nations and their1979citizens and do not have an expiration date.1980    They are also not bound just to the Department of Interior,1981but extend across the Federal Government and education is a1982central component to these obligations. The Federal Government1983has long endeavored to uphold this duty through the1984appropriations process and through the enactment of such laws1985as the Tribally Controlled Colleges and Universities Assistance1986Act.1987    Tribal nations began chartering their own institutions of1988higher education in the 1960s for two reasons: the near-1989complete failure of the U.S. higher education system to address1990the needs of or frankly, even include American Indians and1991Alaska Natives, and the need to preserve our culture, our1992language, our lands, our sovereignty.1993    The guiding vision of the tribal college movement is an1994education system founded on traditional knowledge, focused on a1995prosperous future through job creation and strengthening our1996communities. Today's TCUs offer certificates as well as1997associates, bachelor's and master's degrees and Dine College1998offers our first doctoral degree.1999    TCUs train professionals in high demand fields, including2000law enforcement, agriculture, natural resources management,2001information technology, early childhood education, and health2002care. By teaching the job skills most in demand in our2003community, TCUs lay a solid foundation for tribal economic2004growth with benefits for surrounding rural communities and the2005Nation as a whole.2006    In addition to the over 25,000 attending tribal colleges2007this academic year, TCUs serve as community hubs, serving over2008100,000 community members annually through various programs and2009services such as our libraries, job training, high school2010equivalency programs, Head Start, financial literacy, community2011gardens, and youth in college prep.2012    To administer these programs, TCUs receive funding from2013several agencies, including the U.S. Department of Education.2014Our written testimony goes into detail for most of these2015programs, but I want to quickly highlight the Title III,2016Strengthening Institutions Program, which is frankly one of the2017most important resources for tribal colleges.2018    The core funding is vital to the flexibility in meeting the2019unique needs of our TCUs. It allows us to purchase research and2020scientific equipment, support faculty development, develop and2021improve academic programs, create and improve facilities for2022distance learning, and most critically, it allows for the2023construction and renovation of instructional facilities.2024    For example, at UTTC in Bismarck, North Dakota, Title III2025dollars support and supplement new construction and2026rehabilitation projects across their 124-year-old campus. This2027includes a greenhouse, a cold storage building, and lighting2028for outside spaces. At Chief Dull Knife College in Lame Deer,2029Montana, Title III dollars fund math and science faculty,2030cultural staff and language immersion programs.2031    As Congress begins to consider proposals to restructure the2032Department of Education and whether tribal-specific programs2033should be moved to other agencies, AIHEC requests that all2034programs for which TCUs are eligible entities or receive direct2035setasides, such as the Title III program, be considered. Any2036cut in funding, freeze, or delay or frankly, any TCU-specific2037funding that is block granted and inefficiently rerouted2038through State governments would result in drastic cuts to2039faculty and staff and frankly, threaten our accreditation2040status.2041    It would also be inappropriate to send funds that are2042directed to TCUs through the Federal trust and treaty2043obligations to States.2044    AIHEC appreciate the Senate Committee on Indian Affairs for2045hosting this vital hearing. We remain committed to working2046collaboratively with the Committee as a trusted resource to2047ensure that TCUs, tribal nations and their citizens have a2048voice in shaping their education future.2049    Thank you.2050    [The prepared statement of Ms. Rose follows:]20512052  Prepared Statement of Ahniwake Rose, President/CEO, American Indian2053                      Higher Education Consortium2054About the American Indian Higher Education Consortium2055    The American Indian Higher Education Consortium (AIHEC) is2056comprised of 34 accredited Tribal Colleges and Universities (TCUs) in2057the United States (U.S.). On behalf of the TCUs, the following comments2058are provided in response to the Senate Committee on Indian Affairs'2059Oversight Hearing on ``Native American Education--Examining Federal2060Programs at the U.S. Department of Education'' to be held on April 2,20612025. AIHEC's mission is to provide leadership and influence public2062policy on American Indian higher education issues, including promoting2063and strengthening Indigenous languages, cultures, communities, and2064Tribal Nations.2065About Federal Trust and Treaty Obligations2066    Rooted in treaties and authorized by the United States2067Constitution, the federal government's unique responsibilities to2068Tribal Nations have been repeatedly re-affirmed by the Supreme Court,2069legislation, executive orders, and regulations. \1\ The trust2070responsibility establishes a clear relationship between Tribal Nations2071and the federal government. \2\2072---------------------------------------------------------------------------2073    \1\ The Court has consistently held that the federal government has2074a trust responsibility to Tribes, which has formed the foundation for2075federal/Tribal relations. See Seminole Nation v. United States, 3162076U.S. 286 (1942), United States v. Mitchell, 463 U.S. 206, 225 (1983),2077and United States v. Navajo Nation, 537 U.S. 488 (2003).2078    \2\ In Worcester v. Georgia, 31 U.S. 515 (1832), the Supreme Court2079explicitly outlined that the relationship between the federal2080government and the Tribes is a relationship between sovereign nations2081and that the states are essentially third-party actors.2082---------------------------------------------------------------------------2083    This legal duty and trust responsibility applies across all2084branches of the federal government. These trust and treaty obligations2085are owed to Tribal Nations and their citizens and do not have an2086expiration date. Education is a central component of the federal trust2087and treaty obligations promised to Tribal Nations, Tribal citizens, and2088Tribal communities. The federal government has long endeavored to2089uphold this duty through the appropriations process and through the2090enactment of laws such as the Snyder Act of 1921, the Indian Self-2091Determination and Education Assistance Act of 1975, the Tribally2092Controlled Colleges and Universities Assistance Act of 1978, and the2093Tribally Controlled Schools Act of 1988.2094About Tribal Colleges and Universities2095    In a bold expression of sovereignty, Tribal Nations began2096chartering their own institutions of higher education--Tribal2097Colleges--in the 1960s. The first Tribal College, like all that2098followed, was established for two reasons: the near complete failure of2099the U.S. higher education system to address the needs of--or even2100include--American Indians and Alaska Natives; and the need to preserve2101our culture, our language, our lands, our sovereignty--our past and our2102future. The guiding vision of the Tribal College Movement is an2103education system founded on traditional knowledge and focused on a2104prosperous future through job creation and strengthening our2105communities.2106Tribal Colleges and Universities: Serving Students Across Indian2107        Country and Rural America by Providing Accessible and2108        Affordable Higher2109        Education2110    Currently, TCUs operate more than 90 campuses and sites in 162111states. These institutions serve students from over 250 federally2112recognized Tribal Nations and embody a vital component of Tribal higher2113education. Indeed, over 80 percent of Indian Country is served by TCUs.2114    All TCUs offer certificates and associate degrees; 22 offer2115bachelor's degrees; 9 offer master's degrees; and one offers a doctoral2116degree. Programs range from liberal arts to technical and career2117programs. Nearly all TCUs offer certificate and workforce programs in2118fields like nursing, IT, and building trades, addressing the healthcare2119and business needs of Tribal Nations and rural economies. TCUs train2120professionals in high-demand fields, including law enforcement,2121agriculture and natural resources management, information technology,2122and healthcare. By teaching the job skills most in demand in our2123communities, TCUs are laying a solid foundation for Tribal economic2124growth, with benefits for surrounding communities and the nation as a2125whole. As open enrollment, community-based institutions, Tribal2126Colleges welcome all students and proudly became a part of this2127nation's land-grant family in 1994.2128    TCUs provide accessible and affordable options for higher education2129for Tribal citizens and other rural students by offering low tuition2130rates and fees; 97 percent of TCU graduates are debt-free.2131Additionally, most TCU students are first-generation and low-income,2132with 78 percent relying on Pell grants--far above the national average.2133Pell funding supports working and returning students attend and2134complete critical programs--education, nursing, and the building2135trades--that strengthen Tribal communities.2136    TCUs also serve other community members through various community-2137based programs and services each year, such as library services, job2138training, High School equivalency program instruction and testing,2139health promotion, Head Start and K-8 immersion programs, financial2140literacy, community gardens, youth and college prep and summer camps,2141and civic programs.2142    As Tribally chartered or federally chartered or federally operated2143institutions, TCUs rely heavily on federal funding to provide a high-2144quality education. TCUs operate through numerous grants and programs2145provided by the federal government, which comprise over 75 percent of2146the annual budget. Very few TCUs are appropriated state funding to2147assist with operating expenses, thus highlighting the need for vital2148federal funding to meet their respective missions and the federal trust2149and treaty responsibility.2150Key Programs and Funding Within the U.S. Department of Education2151TCU Strengthening Institutions (Title III) Program2152    The purpose of the Title III, Strengthening Institutions program is2153``to improve the academic quality, institutional management, and fiscal2154stability of eligible institutions, to increase their self-sufficiency2155and strengthen their capacity to make a substantial contribution to the2156higher education resources of the Nation.'' 20 U.S.C.  1057. The2157Strengthening Institutions Title III program for TCUs (Section 316) is2158a set-aside from this program and is specifically designed to address2159the critical, unmet needs of American Indian and Alaska Native students2160and their communities through formula-based aid to TCUs through2161discretionary (Part A) and mandatory (Part F) funding. This core2162funding is so vital for TCUs because it has many allowable uses,2163including much-needed construction funds. Through this program, TCUs2164provide student support services, Native language preservation, basic2165upkeep of campus buildings and infrastructure, critical campus2166expansion, enterprise management systems, faculty for core courses, and2167other necessary elements for a quality educational experience.2168Tribal Post Secondary Career and Technical Institutions2169    Section 117 of the Carl D. Perkins Career and Technical Education2170Act provides funding for institutional operations for two Tribally2171chartered career and technical institutions authorized by federal law:2172United Tribes Technical College (UTTC) in Bismarck, North Dakota and2173Navajo Technical University (NTU) in Crownpoint, New Mexico. These2174institutions provide vital workforce development and job creation,2175education, and training programs to American Indians and Alaska Natives2176from Tribal Nations and communities with some of the highest2177unemployment rates in the nation.2178Indian Education Professional Development2179    The Indian Education Professional Development Program provides2180grants to institutions of higher education (including TCUs) to prepare2181and train American Indians and Alaska Natives to serve as teachers and2182school administrators at elementary and secondary schools. There is a2183growing teacher shortage across the country, especially in urban and2184rural communities with high Native populations, where teacher2185recruitment and retention pose unique challenges. In communities with2186teacher shortages, existing obstacles to student success, such as2187inadequate facilities and limited broadband, are further compounded by2188overcrowded classrooms. Targeted resources like the Indian Education2189Professional Development Program help address this shortage and ensure2190that American Indian and Alaska Native students receive high-quality2191elementary and secondary education.2192Concerns Regarding Implementation of Executive Order 142422193    Executive Order 14242 aims to close the U.S. Department of2194Education and return education authority to states and local2195communities. For TCUs, however, education has always been rooted in2196Tribal community control. TCUs were founded as an expression of2197sovereignty to preserve our culture, protect our lands, and sustain our2198Native languages.2199AIHEC Priorities for Protecting TCUs and Their Students Under any2200        Restructuring of the Department of Education2201    Since TCUs are chartered by Tribes--sovereign nations--any effort2202to dismantle, restructure, or transfer the functions of a federal2203agency must continue to honor the federal government's trust and treaty2204obligations, the nation-to-nation relationships established by federal2205law, and legal precedents. As such, programmatic funding supporting2206TCUs and their core functions must be maintained, at minimum, at the2207same funding and expert staffing levels within the federal government2208and TCUs must maintain direct access to the programs and funding for2209which they are eligible. While some proposals to restructure the2210Department of Education contemplate moving some of the Tribal-specific2211programs to the Bureau of Indian Education at the Department of the2212Interior, it is important to remember that there are other programs for2213which TCUs are either eligible entities or receive direct set-asides.2214Any funding cuts, freezes, delays in continuation grants, or any of2215this TCU-specific funding block granted and inefficiently rerouted2216through 50 different state governments would force TCUs to scale back2217vital programs and services that students rely on to complete degree2218and certificate programs needed to succeed in their chosen career2219paths. Any reduction or rerouting of these funds would result in cuts2220to faculty and staff and would threaten TCU accreditation status.2221    Further, given the complex and nuanced relationships between2222sovereign Tribal Nations and the federal government, it is also2223important that key staff and personnel be retained to ensure continuity2224and compliance with these longstanding commitments.2225    In addition, TCUs are concerned that Pell funding is at risk. The2226FY 2025 Continuing Resolution included no Pell grant funding increases,2227and the program faces a $3 billion shortfall this year, projected to2228reach $9 billion next year. Without additional funding, grants may be2229reduced, increasing college costs for millions, including TCU students.2230Congress can address this shortfall--at no taxpayer cost--through2231budget reconciliation. AIHEC urges you to support additional Pell2232funding to ensure TCU students continue to access affordable education2233and contribute to their communities.2234    Ultimately, TCUs are historically under-funded when compared to2235other public institutions of higher education and we cannot afford to2236lose critical financial resources and staff expertise that support the2237mission of local, Tribal control over education.2238Conclusion2239    TCUs provide thousands of American Indian and Alaska Native2240students with access to high-quality, culturally appropriate2241postsecondary education opportunities, including critical early2242childhood education programs. The modest federal investment in TCUs has2243paid significant dividends in employment, education, and economic2244development. AIHEC appreciates the Senate Committee on Indian Affairs2245for hosting this vital Oversight Hearing and listening to testimony2246from Indian education stakeholders. AIHEC remains committed to working2247collaboratively with the Committee as a trusted resource to ensure that2248Tribal Nations and Tribal citizens have a say in shaping their2249education and their future.22502251    The Chairman. Thank you, Ms. Rose.2252    We have started our second vote, so I think what I will do2253is turn first to you, Senator Smith, then I will ask a2254question, then I may take off to vote. We will work this out.2255But I want to try to keep us going without having to take a2256break, if that works.2257    So let's begin with you.22582259                 STATEMENT OF HON. TINA SMITH,2260                  U.S. SENATOR FROM MINNESOTA22612262    Senator Smith. Thank you so much, Madam Chair. I appreciate2263that. We will work it all out. Many thanks to all of you; this2264is a very informative and useful panel. Thank you so much,2265Chair Murkowski.2266    I would like to start by focusing in on Impact Aid and Ms.2267Russell, I will direct my questions to you. I appreciate how2268you are highlighting how cost-effective and efficient Impact2269Aid dollars are. I also appreciate how the entire panel in one2270way or another started with the unique trust and treaty2271obligations that the Federal Government has toward Indian2272education, that this is not a program that can just be cut by2273somebody, that it is part of our longstanding obligation, too2274rarely lived up to. So I think that was a really important2275place to start.2276    We know, as I said, that Impact Aid is very cost-effective.2277It is very efficient. And Madam Chair, I would like permission2278to enter into the record testimony from the National Indian2279Impacted Schools Association, which is headquartered in2280Minnesota, related to this topic.2281    The Chairman. Without objection, so ordered.2282    Senator Smith. Thank you very much.2283    In this testimony, Brent Gish, who is NIISA's Executive2284Director, explains how Impact Aid is a model for efficiency, as2285you have just described, and local control, and also how it has2286never been funded to meet the intention of the program.2287    So Ms. Rusell, what I would like to ask you to discuss is,2288we have the recent so-called continuing resolution with funding2289through the end of this fiscal year, we have the executive2290actions and their impact on Impact Aid. And I am hearing that2291from my local school boards just how difficult it is to try to2292hold it all together, given our serious worries about getting2293shortchanged.2294    So could you just help people who don't understand this2295completely, give me some good arguments for why this has such a2296tangible impact on the ability of schools to do what they need2297to do.2298    Ms. Russell. Absolutely. Thank you for the question.2299    Impact Aid is one of the few Federal funding programs that2300is not forward-funded, meaning we rely on annual appropriations2301so that the school districts can receive their funds, which2302they are still waiting on since passage of the Fiscal Year 20252303year-long CR.2304    Our federally impacted school districts are, we are2305experiencing serious delays in funding, and have been because2306Congress doesn't pass appropriations in recent years on October23071st. So these school districts have waited almost an entire2308school year to receive current year funds.2309    Senator Smith. Right.2310    Ms. Russell. And we expect a couple of weeks from passage2311of appropriations for the funds to reach Ed, to then be2312disbursed to the school districts. Once they do reach Ed, they2313can be disbursed very quickly, and those funds go directly from2314the Department of Education to a school district's bank2315account. So it is a very quick and direct funding.2316    Our concerns are we already know that the passage of the CR2317and the funds have not gotten to these school districts, they2318are running into serious cash flow problems.2319    Senator Smith. Right. That is what I am hearing as well.2320    Ms. Russell. Yes, not just because of Impact Aid but --2321    Senator Smith. They literally cannot pay the bills.2322    Ms. Russell. Right. One school district in particular I2323heard from this week, we are talking three pay periods away2324from needing to borrow funds just to make payroll. So these are2325very dire circumstances that our school districts are facing.2326When they so heavily rely on Federal funds, like federally2327impacted school districts, Impact Aid and other Federal funding2328programs you have heard about today, these are serious, serious2329problems. We need to make sure that funds are getting to the2330school districts in as quick a manner as possible.2331    Senator Smith. Right. I think this is something we all need2332to pay such close attention to. I am quite concerned about it.2333    Ms. Rose, I want to just take a minute, of the very few2334minutes that I have left. I am such a huge fan of TCUs. We have2335four TCUs in Minnesota, and I just had a great opportunity to2336meet with a graduate of one of them this past week.2337    I wonder if you could just take the bit of time that I have2338left to talk about what you are seeing about the cutbacks at2339the Federal level and the impact on TCUs.2340    Ms. Rose. We are so happy to have a fan of our tribal2341colleges. Thank you, Senator, for all the work that you have2342done to support us over the years. We are very, very grateful.2343    Our immediate impact that we saw, not only were we on the2344chopping block right away with the elimination of our executive2345order, so the loss of the office within the Department of2346Education was incredibly heartfelt for us, as we lost an2347ongoing voice that supported our tribal colleges and2348universities across the Department of Education.2349    But the most immediate impact was frankly with Haskell and2350SIPI, as they were targeted with the severe loss of staff, 252351percent, roughly, for both of them. We have been able to return2352those staff, but at great challenges to the school, as the2353students felt unloved, unappreciated. The faculty felt2354desperate. A lot of concerns about whether they would be able2355to maintain their programs or be able to graduate.2356    What you saw was the tribal college community come around2357and support each other. So when we say we have a TCU family,2358that is absolutely what happened.2359    Senator Smith. People mobilized.2360    Ms. Rose. Absolutely. We mobilized to ensure that there was2361faculty present, administrative teams present, all there to2362make sure SIPI and Haskell had all the resources they need.2363    But more largely than that, we are deeply concerned about2364programs such as Title III. While there is a lot that has been2365laid out about what the administration would like to see done2366to some programs and services, there is other pieces within our2367post-secondary portfolio that we just don't know what the2368future will be. And post-secondary funding right now is not a2369secure piece.2370    We are also deeply concerned about Pell grants. Seventy-2371five percent of our students rely on Pell grants, a larger2372portion than any other part of the population. So without2373consistency in funding, that is going to really impact our2374students, and in turn, impact our institutions.2375    Senator Smith. I am out of time, so I am going to be2376respectful of the Chair's time. Thank you for that very good2377summary in a short period of time.2378    The Chairman. Thank you for that.2379    Dr. Worl, you have spoken very well about the benefits that2380we see through ANEP and the reason why we need to be focused on2381doing all that we can. The average reading scores in 2022 in2382Alaska for Native fourth graders and eighth graders, well, not2383just in Alaska, across the Country, 14 to 20 points below2384average compared to all students. So recognizing and trying to2385address these gaps I think is important.2386    Over the years, I have been the recipient of the Baby Raven2387Reads program. I am still working through my first and second2388and third editions. I think right now I am on Eagle, which is2389ch'aak'--I did okay?2390    Dr. Worl. Yes.2391    The Chairman. All right. I am learning, slowly. I look at2392what has been done through programs like Baby Raven Reads,2393where we are really working to address phonetic awareness and2394some of the basic things. But when you mentioned that you have239515 different school districts now, many in the southeastern2396part of the State, I visited the programs there in Juneau where2397they have incorporated the Native language into these early2398education programs.2399    We are benefiting not only the Native students, but also2400the non-Native students within these schools. So can you just2401share with the Committee how programs that are funded by ANEP2402or the Native Hawaiian Education Grant Program, too, how we are2403addressing that achievement gap between Native and non-Native2404students? And then how is this different, really, than what is2405already offered within the school district, how this insertion2406actually makes that difference.2407    Dr. Worl. I think we have to enroll the Senator in the Baby2408Raven Reads.2409    The Chairman. I think so.2410    Dr. Worl. We have three Baby Raven Reads books, and you2411have been through three.2412    The Chairman. I have the more advanced ones too; I am2413working on those.2414    [Laughter].2415    Dr. Worl. Senator, the answer to this, I will try to make2416it simple, but it is complex and it is rooted in history. You2417have to remember that when schools were first introduced in2418Alaska in the late 1800s that the policy was suppression of2419Native cultures. That was the policy. And that continued2420probably up until the 1960s when self-determination became a2421policy of the government. I think in Alaska, that was also then2422followed by the Alaska Native Claims Settlement Act, which has2423a social responsibility also to its constituents. So they were2424able to put money into our schools as well.2425    And then we heard this rally, cultural survival, cultural2426persistence. We then began to see measures of improvement in2427Native education. But it was really when we started to get2428Federal funds for Native education that was saw some real2429progress in our educational achievement of Native students.2430That was largely through a couple of things. Number one, it was2431the direct engagement of Native people in education.2432    And you have to remember that a lot of our parents were2433raised in boarding schools. So they hadn't had the benefit of2434understanding and learning cultural values and practices, about2435being engaged in their children's education.2436    So that fund allowed that direct participation of Native2437entities and Native parents.2438    Then we had Baby Raven Reads, where we integrate Native2439culture, Native integration of cultural programming into2440educational curriculum, and then integration into the schools.2441Just look at Baby Raven Reads. It is very different from the2442books that we grew up with where Jane and Mary or Mary and Jane2443--2444    The Chairman. Dick and Jane.2445    Dr. Worl. Yes, Dick and Jane. That was the norm. So Native2446people, they saw little white kids doing little white things2447that little white kids do. They didn't see themselves. They2448didn't see brown kids. They didn't see their lifestyles,2449picking berries, going fishing, and things like that.2450    So Baby Raven Reads, I think, is a really good example of2451Native programming. And I noted that in 2020, the reading2452scores improved by 20 points. That is significant.2453    I have to share with you that today, or as of September24542024, in Juneau, Alaka, in Juneau School District, that Native2455literacy scores are higher than non-Natives.2456    The Chairman. Wow.2457    Dr. Worl. So I have said, this is a model that should be2458integrated into Head Start across the Country.2459    The other part of your question talks about when you don't2460have Native programming, what happens. Well, we still have2461school districts that have not integrated cultural programming2462into their schools. And we don't see the kind of academic2463achievement that we see with schools that have that.2464    In fact, we have schools like in Juneau where, this is2465earlier, where we didn't, there were schools within that school2466district that did not have Native programming. We had Native2467programming in one of the schools, and it was called TCLL,2468Tlingit Cultural Literacy and Language. And when we did an2469evaluation of those students at the end of the year, we found2470that Native students who attended TCLL, their scores were2471higher than Native students that did not attend TCLL, but2472attended other schools in the same district that didn't have2473Native cultural programs. Their scores were lower.2474    So we know, we know clearly from our data, our evaluations2475that the integration of language and culture into schools2476promotes academic higher achievement and higher school2477retention and better social and emotional well-being.2478    The Chairman. Thank you for that, and congratulations. That2479is not only marked improvement, but that is really breathtaking2480when you think about how far you have come.2481    I am going to excuse myself and go vote. I will turn the2482gavel over to the Vice Chairman. You haven't given your opening2483statement, Senator Cortez Masto is next up. You get to decide.2484And whoever is not speaking can actually read from my2485collection of Baby Raven Reads while I am out.2486    [Laughter.]24872488                STATEMENT OF HON. BRIAN SCHATZ,2489                    U.S. SENATOR FROM HAWAII24902491    Senator Schatz. [Presiding.] Thank you, Chair Murkowski.2492    One of the Federal Government's core trust and treaty2493responsibilities to American Indians and Native Hawaiians and2494Alaska Natives is to provide education. The Department of2495Education plays a critical role in fulfilling this promise on2496everything from Impact Aid and Indian Education programs to2497Native language revitalization. For over a century, Congress2498has passed law after law affirming and reaffirming this Federal2499obligation across the Department of Education, including the2500Elementary and Secondary Education Act, IDEA, the Higher2501Education Act, the McKinney-Vento Act, Johnson O'Malley Act,2502Indian Education Act, the Native Hawaiian Education Act, the2503Tribally Controlled College and University Assistance Act, and2504the Native American Language Resource Center Act.2505    Each of these laws was enacted to provide critical support2506for Native students and schools across the Country, no matter2507where they attend BIE schools, tribally controlled schools,2508public schools, tribal colleges and universities, Alaska Native2509and Native Hawaiian serving institutions or Native American2510serving non-tribal institutions. Not to mention more general2511education laws that benefit Native children and unhoused Native2512children, people with disabilities and Federal loan programs2513that help 87 percent of Native students attend college.2514    So what does it mean when the President by executive order2515proposes to dismantle the Education Department, first by2516gutting its workforce and then by handing control to the2517States?2518    Let me start by saying this, and this is maybe the most2519important thing. An executive order is not a law. It is an2520instruction about how to implement a law. It can be a powerful2521tool, but it does not supersede a statute, and it certainly2522does not supersede a series of statutes. Congress passes laws2523that the President signs and executes. And the duly enacted2524Federal laws that I just mentioned govern Native education.2525    The President does not get to wash his hands of the Federal2526Government's trust responsibility by memorandum. If he wants to2527eliminate that trust responsibility, he has to come back to2528this Committee and to this Congress.2529    So going back to the original question, what does the2530proposal do? Well, Native students, more than 90 percent of2531whom attend public schools, will be at the mercy of State2532governments that have no trust and treaty responsibility to2533meet their unique needs. For rural Native students, eliminating2534the Department of Education would lead to fewer choices and2535tremendous instability. High poverty in smaller schools,2536especially those in rural Native communities, are at greater2537risk of closing if enrollment drops below the minimum.2538    But do not take my word for it. I would like to enter into2539the record, without objection, the accounts of tribal schools2540that are operating day-to-day, not knowing how or even if they2541will stay open amid the chaos that this administration has2542caused.2543    I am committed to ensuring Federal laws implementing the2544Federal promise of an education to American Indians, Native2545Hawaiians and Alaska Natives is not broken. We have a duty to2546fight this reckless plan on a bipartisan basis and protect2547Native students.2548    So I thank the witnesses. I apologize for being late.2549    My first question is pretty simple, and we will just go2550down the line, starting with Mr. Dropik. Did any of your2551organizations ask to dismantle the Education Department or2552voucherize its programs? Just a yes or no.2553    Mr. Dropik. No.2554    Ms. Yellowfish. No.2555    Dr. Worl. No, absolutely no.2556    Ms. Russell. No.2557    Ms. Rose. No.2558    Senator Schatz. Thank you very much.2559    Ms. Rose and Mr. Dropik, did the Education Department2560consult with the tribes on any of the proposals to date,2561including dismantling the agency? Ms. Rose first.2562    Ms. Rose. They did consult on the EO for vouchering the2563schools, but they did not consult on the closing of the2564Department of Education.2565    Senator Schatz. In your view, does that violate the law?2566    Ms. Rose. Yes.2567    Senator Schatz. Mr. Dropik?2568    Mr. Dropik. Agreed, and they did not.2569    Senator Schatz. Okay. Ms. Yellowfish, does your Title VI2570Indian Ed program currently answer to your State?2571    Ms. Yellowfish. No, it does not.2572    Senator Schatz. Ms. Rose, do TCUs currently have to answer2573to States on how they spend their Federal funds?2574    Ms. Rose. No, they do not.2575    Senator Schatz. I will just end with one final comment,2576because between my opening statement and the questions, I have2577gone a bit long. This is not permissible under the law, and2578that is not to be dismissive of the immediate damage that it is2579causing. But I really think all of us have to not obey in2580advance. One of the President's innate powers, regardless of2581whether is in office or not, this President in particular, is2582to bluff, is to make things seem inevitable or likely or having2583momentum that may or may not be inevitable or likely or having2584momentum.2585    In this case, what he is proposing is no more powerful than2586a firmly worded tweet. That is not to say it is not having2587immediate impact. But in the long run, these statutes govern2588what we do. All of the authorizing statutes and all the2589appropriations law are what we have to adhere to. We are still2590a country of laws.2591    So I know it is cold comfort when you are trying to operate2592a school, not knowing whether you are going to be able to2593literally keep the lights on and make payroll. I understand2594that. But it is worth saying on the record that the law is the2595law, and an EO does not get to waive away a Federal statute.2596    Senator Cortez Masto?25972598           STATEMENT OF HON. CATHERINE CORTEZ MASTO,2599                    U.S. SENATOR FROM NEVADA26002601    Senator Cortez Masto. Thank you.2602    Thank you to the Ranking Member for his comments. I thank2603you all for being here.2604    Let me follow up on that, because there is no doubt that2605the treaties and laws have consistently acknowledged the2606Federal Government's commitment to providing education to2607American Indian and Alaska Native peoples.2608    Let me start with you, Mr. Dropik. For the benefit of an2609administration that does not believe in consultation and does2610not want to recognize necessarily those treaties and laws, can2611you talk a little bit about the Department of Education2612funding, like Title I and like IDEA, and how it actually evens2613the playing field for Native American students, and how cutting2614this funding could result in Native children, Native2615communities being left behind.2616    Mr. Dropik. Thank you for that question. Definitely, when2617you think about the impact that has, we know obviously the2618historical context in which it educational systems and the2619government-to-government relationships have continued to be2620unmet, continued promises made and not kept. And when you2621continue to create cycles of distrust and unmet promises, it2622has an impact on communities and in those institutions2623themselves.2624    So when we have programs and institutions and items that2625help to validate someone's belief in who they are and the2626validity of their experience, those programs aren't part of the2627educational system for our Indian students.2628    Thinking back just to my own experience growing up and2629being a first generation college graduate in my family,2630checking the box for ``other'' for my ethnicity. I am glad we2631have moved beyond that, that I am no longer an ``other,'' that2632I can acknowledge that history. That is comforting.2633    But it has an impact on communities. I didn't get that2634teaching. I had educational experiences within my public school2635upbringing that didn't validate those experiences. So by2636bringing in cultural programming experts and expertise in those2637situations, you validate not just who they are and who their2638ancestors are, who their families are, which we know our2639communities are vital to who we are as people, but then you2640also repair some of the harm that has been done that has been2641purposefully ripped out of communities.2642    So those programs without them, then they don't exist, and2643you continue to have the negative impacts that we are seeing2644within educational outcomes, mental health. Then it impacts2645industry and economics. It is a ripple effect that goes far2646beyond just the school building.2647    Senator Cortez Masto. Thank you. In your testimony you say,2648reliable education data remains a challenge due to the small2649population size of Native students and the National Indian2650Education Study remains the most effective tool for collecting2651disaggregated Native education data and should be preserved.2652The National Indian Education Study is conducted on behalf of2653the Department of Education.2654    So could you elaborate on the importance of reliable Native2655student data collection, and how dismantling the Department of2656Education would create challenges in obtaining that data?2657    Mr. Dropik. Absolutely. Part of it is in the relationships2658and the understanding of the communities that you are serving.2659So when you have individuals who are working within the2660Department of Education and Native-serving programs, they have2661relationships, they have connections, they have the ability to2662be able to make sure that they are getting information. And2663they understand sometimes what other mainstream or those that2664come from a different point of view may not understand in terms2665of how to collect data meaningfully within tribal communities.2666    Assuming that one size fits all, or one measurement is2667going to give you all the information, others don't have that2668knowledge of how do we make sure that we are accounting for all2669of the statistics and numbers in the communities and areas in2670which we need to. So taking away that does take away that2671information and further creates confusion around the data and2672how to continue to support it.2673    Senator Cortez Masto. I am running short on time, but let2674me touch on something else that is just as important, it is the2675mental health piece of that for our students. Ms. Yellowfish, I2676am going to ask you, if you don't mind, after reading your2677testimony and your discussion around some of the concerns,2678really the higher than average suicide rates among Native2679youth. In my time in the Senate, we have worked to get funding,2680particularly funding for mental health, into our tribal2681communities, and making sure that these issues can be2682addressed.2683    Given your experience, can you explain the largest barriers2684in addressing the mental health challenges of Native youth, and2685actually how the Department of Education funding and what is2686happening with it right now may help or hurt us reaching our2687Native youth when it comes to their mental health needs?2688    Ms. Yellowfish. I think that with most Indian education2689programs, priorities are set before us, and these challenges,2690such as suicide and substance abuse, most recent bullying and2691sexual assault that we have worked with, with our students, I2692feel like we are obligated to address these challenges and work2693with our students and our families the best we can.2694    However, the funding resource, the funding ability, has not2695always been adequate to meet those additional needs. Because we2696are doing cultural and curriculum, we are doing languages, we2697are doing college and career readiness. And these are already2698objectives in our grants and what we have.2699    And our priorities this year much more so is the social and2700emotional well-being of our students and the lack of resources,2701the lack of funding. However, with partnerships created with2702the Indian Health Services, tribal communities, that does and2703may alleviate some of those challenges as far as funding.2704Ideally, it would be great if we can each have a social worker2705or a counselor within our Indian education programs to help2706specifically address those particular situations.2707    Senator Cortez Masto. Thank you. Thank you to the2708Chairwoman.2709    The Chairman. Thank you.2710    I have heard from several of you that some of the important2711aspects of, for instance, Title VI and Ms. Yellowfish, you have2712kind of spoken to this, is the flexibility that comes with it.2713I think you, Ms. Russell, mentioned that flexibility was key,2714and I think you, Ms. Rose, when it comes to the tribal colleges2715and universities.2716    So, flexibility is important. It helps address what you2717have spoken to, Dr. Worl, which is the ability to shape these2718programs so that it is responsive to those in the community, in2719the region, even outside of the school there. There is the2720discussion with, if we eliminate the Department of Education,2721what that looks like. Because I think it has been stated, I2722think it was Senator Smith when she started off her comments2723that we have a trust responsibility and regardless of whether2724you dissolve a department, that responsibility still stays in2725place.2726    There are many aspects of the programs that we are talking2727about here today that are required by law. You cannot get2728around the requirement, the obligation, the commitment that we2729have when it comes to funding for those with disabilities. You2730can't get around your requirement of the Civil Rights Act for2731enforcement there.2732    So what we are hearing is that, well, these would be moved2733to other agencies. And I am sure that it is true that for2734instance under Title VI you move that somewhere else, move it2735to another department, again, whether we are talking about2736Department of Justice, maybe some things moved to Treasury on2737the financial assistance side, maybe some things moved to2738Health and Social Services.2739    Can somebody, can you all weigh in here and speak to what2740that actually might look like, what that actually might look2741like if the programs were not eliminated, but housed elsewhere?2742Are you concerned that you would lose the flexibility? Are you2743concerned that you--I think the issue with regard to2744consultation, because that is a requirement throughout, is one.2745    But if you can share with me and the Committee just some of2746the, either the warning signs, the concerns, or perhaps what2747you might think could even be an advantage moving out from2748under the Department of Education to another department? Maybe2749you see none, and that is fair. Tell me why.2750    Because this is what we are talking about up here on the2751Hill. So share with me your perspectives.2752    Let's start with you, Mr. Dropik.2753    Mr. Dropik. Sure. I won't have a great answer for you, but2754I will do my best.2755    The Chairman. I don't think any of us have really concrete2756answers.2757    Mr. Dropik. Yes. The biggest challenge is we don't know2758what that plan is. So in order for, if there was a plan, and I2759believe everyone here in this room, whether they are here or2760not, and all the other ones, they want what is best for2761communities. They want to see students thriving. I have not2762heard anyone say that they didn't. And they want to increase2763efficiency, we want to increase efficiency and make sure that2764money is getting to students and getting to staff and getting2765to communities.2766    So everyone is on the same page on that. Now, how do we get2767there? That is where the consultation, that is where the2768discussions, that is where the developing of a plan, laying out2769that plan, and then we can address where are the issues. The2770hard part is that without a plan that has been laid out, we2771don't even know where to start hypothesizing, where some of2772those areas might come up.2773    But we do know that we have seen, when actions have been2774taken without that consultation then unintended consequences2775are a result, then services are disrupted, then staff are2776accidentally or inappropriately put on leave. Those are real2777consequences that have impacts on people, staff, communities2778that they serve, and organizations.2779    So in terms of looking at what does it look like, through2780tribal consultation and work with the committees and those2781programs, those discussions could be had. It can have, well,2782what does make sense, what are the unintended consequences that2783we are not seeing, where are the legal ramifications that might2784come up. But without that, everyone is left guessing.2785    So tribal consultation would be the first part, a plan2786being laid out. Then we would be able to address, is there room2787for growth, is there room for efficiency? Without a doubt. So2788let's come together with tribal communities, with those2789programs that they serve, institutions that are served, to have2790those discussions so that we can work on that together.2791    The Chairman. Let me shift over to you, Ms. Russell,2792because you mentioned that one of the benefits or the2793advantages within Impact Aid and the way it is structured, it2794again allows for a great deal of flexibility. And it is2795significant in terms of budgets. I know that in the Iditarod2796Area School District, this is in southwest Alaska, Impact Aid2797makes up about 60 percent of the funding there. As Dr. Worl2798noted, in Alaska all of our school districts are very, very2799worried this fiscal year about their budget.2800    We also have Secure Rural Schools funding, which impacts2801many of our smaller communities in the southeastern part, which2802is impacted by this long-term continuing resolution. So there2803is a lot of squeeze there.2804    But you mentioned that flexibility allows you to do2805everything from special ed, transportation and housing. Mr.2806Dropik said we all want to try to get the money to the kids,2807right? Money to the kids. But if you don't have housing for2808your teachers, you might not have anybody to help your kids.2809    So speak to me a little bit about the concerns that you2810might have from where you are sitting with oversight of2811financially impacted schools.2812    Ms. Russell. Right, absolutely. Regarding Impact Aid2813specifically, we are concerned because school districts are2814still waiting on their Fiscal Year 2025 appropriations, their2815payments, to help get them through the end of the school year.2816We know that they are already trying to prepare for next school2817year. Many of the school districts have instituted hiring2818freezes, because they just don't know if they are going to have2819the money.2820    Are they going to have to put projects on hold? Some2821projects and programs are being delayed. There is so much2822uncertainty right now. And not being able to rely on that2823Federal responsibility to these school districts is really2824concerning.2825    The move, potential proposal of moving some programs like2826Impact Aid, if the Department of Ed were to be dismantled, one2827issue that we see would be very tough, and would be to delay2828payments for years, is the fact that there are only 192829dedicated public servants who are experts, expert analysts in2830the Impact Aid program office who understand this very2831complicated program. And that staff would need to stay on top2832of this program to make sure that it continues to be handled2833and effective in a very efficient manner.2834    The Chairman. Thank you for that.2835    I was going to ask Ms. Rose a question, but I know that2836Senator Moran probably has an interest in talking about2837Haskell.2838    Senator Moran. I would be educated by hearing your question2839and their answer about whatever you would like to ask, Madam2840Chair.2841    The Chairman. I will give you a break while you get2842yourself settled and continue my questions.2843    Let me ask you, Dr. Worl, ANEP, you have sold me on ANEP2844years ago. We have seen the benefits in Alaska and in Hawaii.2845What do you think ANEP loses if it is housed elsewhere?2846    Dr. Worl. Senator, Madam Chair, as you have heard from my2847testimony, I am a fan of DOE. I am a fan of the way they2848operate, the knowledge that they have, the relationships that2849they have established with Native entities throughout Alaska2850and also with our brothers and sisters in Hawaii.2851    They are a known entity to us. They understand education2852and they have developed processes where they are sharing the2853latest scientific data about various aspects of education. They2854have meetings where project directors from the different2855programs are able to come together and relearn from one2856another.2857    Senator, I am just absolutely sold that they have developed2858the process to work with, directly with Native people. They2859hear our concerns. They hear our issues. And they are able to2860convey that to yourself, to our Congress people. And I think2861they help influence the directions of educational programs.2862    So I would be concerned that if it were shifted somewhere2863else, where more than likely that is not their expertise. So2864there would be a lag, there would be a period where2865relationships would have to be established, where they would2866have to gain the knowledge about the complexity and the2867importance of education.2868    So I am a fan of the Department of Education for all that2869they have proven that--I mean, we just know from our2870evaluations, our studies, that we are making progress right2871now. If it went elsewhere, I would be concerned that we would2872lose that.2873    The Chairman. Senator Moran, we have had a good2874conversation around the dais today.28752876                STATEMENT OF HON. JERRY MORAN,2877                    U.S. SENATOR FROM KANSAS28782879    Senator Moran. Good. Madam Chair, I thank you for being2880recognized. I have been a member of this Committee on and off.2881Every time there is an opening, I seek to return to the2882Committee. And I am glad to be back this year.2883    The last time I left you were mocking me for being the2884lowest member on the Committee. I hope that I am treated with2885greater respect than the last time you were Chairwoman.2886    [Laughter.]2887    The Chairman. I want you closer to me, Senator Moran.2888    Senator Moran. Good answer.2889    Thank you all very much for being here. I am going to2890address this probably to Mr. Dropik and Ms. Rose. But I want to2891talk about Haskell University. We have seen significant needs2892over a long period of time. We have worked hard to help Haskell2893address those needs. It has been a challenge because of2894changing leadership.2895    In recent times, we have had no capability, seemingly no2896capability, of getting any assistance from the Bureau of Indian2897Education. I asked the last Secretary of the Department of2898Interior for meetings to discuss Haskell numerous times without2899any success. The conclusion was that we thought we would take a2900different path, or at least test the waters for a different2901path.2902    I think Haskell is such a valuable place, such a unique2903place, such support across the Country. Somewhat regardless of2904where I am in the Nation traveling, when I am visiting with2905tribal leaders, there are always stories about Haskell from2906them or their family members, and there is a memory and2907understanding and appreciation of an asset that in my view, and2908I know in yours, needs greater attention.2909    It is the only tribal nations college, provides Native2910American students with unique opportunities to pursue tuition2911free higher education in an environment that honors and2912prioritizes Native American heritage and culture.2913    I mentioned the challenges that we face, they have faced.2914We decided to try a different track. We have released a2915discussion draft and have been gathering information from the2916tribal community.2917    And this month, I intend to introduce the Haskell Indian2918Nations University Improvement Act. This legislation will grant2919Haskell a Federal charter, thereby separating the school from2920the BIE and entrusting governance to the Haskell board of2921regents which will be comprised of tribal members nominated by2922BIA regions.2923    I am grateful for the support of AIHEC and IEA in endorsing2924this legislation. It seems to have broad support from across2925the Country, and certainly all the tribes in Kansas have2926indicated this is a path forward. And we are going to do2927everything we can to see that the legislation is passed. But2928beyond that, and more importantly than that, see that it makes2929a difference at Haskell University.2930    So I want to outline that, because we look forward to2931tribal community support in this legislation. We would ask for2932your help. But I also wanted to ask, with the expertise at this2933panel, could you speak to the value of passing this2934legislation, the Haskell Indian Nations University Improvement2935Act, and separating the university from Federal control? Mr.2936Dropik?2937    Mr. Dropik. If the Senator is okay, I would defer to Ms.2938Rose to start, being that this is her area of expertise. I am2939happy to join in afterwards.2940    Ms. Rose. Thank you. Actually, I am going to fold in an2941answer for Chairman Murkowski as well, because her previous2942question was on flexibility. And that is what your legislation2943provides, is an opportunity to really think about flexibility.2944    I want to draw your attention as well to the statement you2945made previously about the Department of Interior. Because2946simply moving our Indian Education programs from the Department2947of Education to the Department of Interior and assuming that2948they have any knowledge of education is a rot decision.2949    I have worked with many Secretaries of Interior who were2950surprised to find out that they have Education under their2951purview. So maintaining our programs at the Department of Ed2952with expertise is something that would be vitally important.2953    But in specific answer to your question, our board of2954directors recently passed a motion in March in support of the2955concept of your legislation. We were very excited to do so. Our2956board has talked quite a lot about the benefits that your2957legislation will provide to Haskell, and frankly, to the entire2958TCU community as we work together to support the students and2959the faculty, to ensure that things that just happened, like our2960staff being frozen or challenges to funding streams because of2961changed administration might not happen.2962    So we stand firmly committed with you and to work with your2963staff to ensure that the legislation is as strong as it can be.2964You have a TCU community that is in full support. Thank you.2965    Senator Moran. Thank you for that statement. Perhaps midway2966in our efforts as we were trying to find ways to improve2967Haskell, the announcement of layoffs of staff occurred. We2968think we now have everyone who has not voluntarily left now2969returned to Haskell, and we are pleased about that outcome.2970    And I have had a really good conversation with the2971Secretary of Interior when he, as a North Dakota governor, had2972experiences with tribes and tribal education. I am hoping that2973we can develop a relationship with the Department of Interior2974that is helpful in advancing this cause.2975    Ms. Rose. We would agree. We do not believe, from our2976conversations with the Department as well, that letting the2977staff go at Haskell and SIPI was not premeditated, right. It2978was not part of the plan. And they have been incredibly2979responsive in ensuring that they made the course correction and2980turned around and got the staff back.2981    So as soon as we were able to educate them, really let them2982know what was happening, I think they course corrected quickly2983and are looking forward to continuing to build and have strong2984relationships with the institutions.2985    We have also been working with the Department in thinking2986through the legislation. So I think they are really great2987partners to stand beside you and ensuring that the legislation2988is as strong as possible.2989    We do have a couple of recommendations and we look forward2990to working with you to strengthen it.2991    Senator Moran. I am not surprised.2992    [Laughter.]2993    Senator Moran. Instead of just asking for support, I should2994also take a few more suggestions and methods to move forward2995before we introduce the legislation.2996    Now, sir.2997    Mr. Dropik. I appreciate that opportunity. I just would say2998that NIA stands to help. We also support, obviously, any time2999that we can get tribal communities to really be living tribal3000sovereignty. That fills us up, continues to make our ancestors3001proud and really is why we are here.3002    So being able to support anything that you need in terms of3003questions or outreach to tribal communities, and any way that3004we can support. NIA is also appreciative of your work and3005really wants to help support improving tribal sovereignty.3006    Then a byproduct of that tribal sovereignty, being able to3007improve outcomes for the community.3008    Senator Moran. Thank you for saying that. I should have3009thought about tribal sovereignty. It has been issue that I have3010been engaged in and something that is really important to me.3011Until you said that, I hadn't thought about, this is another3012step forward toward determination by Native Americans about the3013future of themselves and their children.3014    Anyone else? Yes, ma'am? Doctor?3015    Dr. Worl. I just wanted to say thank you to the faculty of3016Haskell and the various educators who volunteered their time to3017go back to work, even though they had been relieved of their3018duties. I just wanted to acknowledge the great contributions3019that they made.3020    To me, we have read about it in Alaska, we got worried at3021first, then we saw the great work of those dedicated educators3022that went back. I just wanted to acknowledge them.3023    Senator Moran. Doctor, thank you for doing that.3024    Thank you, Madam Chairman.3025    The Chairman. Thank you, Senator Moran. You made some3026refence to, at some point in time, everyone has some kind of3027connection or knows somebody. In my sit-down with the nominee3028to be the head of Social Security, he brought up Haskell and3029went on for maybe five or seven minutes about Haskell. So they3030are all over the place in terms of fans of Haskell.3031    Senator Moran. I didn't know that. I did know that he spent3032time in Kansas, but didn't know the Haskell connection. I got a3033call from him and didn't return his phone call.3034    The Chairman. You should probably return his call and tell3035him you want to talk about Haskell.3036    [Laughter.]3037    The Chairman. I have one more question, and I will direct3038it to you, Mr. Dropik, and others may want to chime in as well.3039We have heard today and we have seen in some of the written3040testimonies that there is opposition to Federal funding going3041to the States first, rather than the tribes or the tribal3042organizations, and to the local educational agencies. This is3043kind of following on what Senator Moran, the point that he made3044about sovereignty and tribal sovereignty, that going to States,3045first, could be detrimental to tribal sovereignty and the3046educational programming.3047    I know that, for instance, in our State, it has been said3048that we lack the capacity to distribute funding in the way that3049it is going out now through the Department of Ed, or perhaps3050that there might be some unwillingness to distribute the3051funding that is marked for say, Alaska Native education, to the3052Native organizations or the tribes.3053    Can you speak further to that point? Then if anybody else3054wants to chime in, you are welcome.3055    Mr. Dropik. Yes, and I am sure others will have stories3056around how that can have a very detrimental impact to the ways3057in which we support education. Obviously, one of the things3058that we would reiterate is the fact that it is a Federal trust3059responsibility, it is not a State trust responsibility. And3060when people are talking about efficiencies, I am not sure how3061you transfer an efficiency to a different efficiency and that3062gets you more efficient.3063    So I would be concerned that that doesn't eliminate3064bureaucracy in any way, it actually might increase it, along3065with the potential of how that funding actually gets to the3066tribal communities. So going to the States and not directly to3067tribal communities is definitely not something that we would3068support. It doesn't, in any way, we believe, become more3069efficient or provide better choices for the communities they3070have, schools of their choice and mechanisms by which they can3071enact them.3072    The Chairman. Very good. Any further comment to that?3073    Thank you. Did you want to jump in, Ms. Yellowfish?3074    Ms. Yellowfish. Yes, just really quick, Madam Chair. I3075would like to go along with that, because right now, our direct3076funding to our school districts is there July 1, so our school3077year can begin with lack of interruption of funding services3078and moving forward for the school year. So having the State be3079involved in some way, I don't know how efficient that would be.3080    So I strongly urge the Committee to consider those3081sentiments there, and in just going along with the move. Change3082is good when it is provided in the best interests of those who3083will be affected. However, if we don't have a plan, it is going3084to disrupt the continuity of our services already in place. And3085students and parents are going to be affected with this change.3086    So again, I urge you to hear our stories and our words in3087support of our Indian students. Thank you very much.3088    The Chairman. Thank you. Very good.3089    Dr. Worl?3090    Dr. Worl. Madam Chair, I am sure you are aware of the3091Native people's relationship with the State of Alaska insofar3092as education, that we had to actually bring a suit against the3093State because the State of Alaska was failing to provide its3094constitutional responsibility to provide education to Alaska3095Natives. Many of our communities lacked schools. So as a result3096of that case, we actually finally got schools in our rural3097communities.3098    I have mentioned the funding problems that we have in3099Alaska in education. But is the Native community, in my mind,3100that really suffers the consequence of that fiscal crisis. We3101have schools that have been in disrepair, students should not3102be in those schools. We have not been a high priority with the3103State of Alaska, unfortunately.3104    Then I guess a case more recently, under the CARES Act,3105there were funds put in that Act for Native education,3106specifically referencing the Alaska Native education program.3107We were pleased to see the money there. But when we approached3108our State government to try to secure those funds, we were3109unable to do it. The only three Native entities that received3110funding under that Act were the three of us, the three regions3111that persistently contacted the State.3112    So as it is, I just don't think Native education is a high3113priority there. I would not support it going to the State.3114    The Chairman. Ms. Rose?3115    Ms. Rose. I would echo all of my colleagues' statements at3116the table and add a few additional things. One, our concern3117around reporting requirements, and as States would increase and3118think about changes and the multitude increase, probably, of3119reporting requirements, as well as a lack of consultation3120requirements from States to our tribal nations or to our3121institutions.3122    So would we then be looking at 50 different consultations3123as we are thinking about the rollout of programs? Then what3124would that do for the continuity of the education services? Our3125students are very mobile and tend to move from one location to3126another. So having some continued continuity between our3127education programs is really vital.3128    So as we think about the way that these programs would be3129rolled out State to State to State across our tribal nations,3130and as you know, our nations cross State boundaries. So what3131would that do for Navajo Nation, for example, that is in three,3132four State?3133    So I would add that to our list of concerns. Thank you.3134    The Chairman. Thank you.3135    Senator Moran, anything further?3136    Senator Moran. No, thank you.3137    The Chairman. Thank you. I want to thank each of you. I3138appreciate your contributions. I know you represent those3139behind you. I thank them for their work as well.'3140    Obviously there is a lot in play right now, but I think it3141was helpful for us as a committee to understand the benefits of3142some of these programs, again, whether it is through Title VI,3143what we have through ANEP, so many of the programs that have3144been directed to and really intended to benefit our Native3145students, whether it is at the Baby Raven Reads level or all3146the way up to our tribal colleges.3147    Thank you for your contributions. Know that this will be an3148ongoing back and forth, and we look forward to using you as3149resources.3150    With that, this Committee stands adjourned.3151    [Whereupon, at 4:00 p.m., the hearing was adjourned.]31523153                            A P P E N D I X31543155      Prepared Statement of Ka`iulani Laeha, CEO, `Aha Punana Leo3156    Thank you, Chairman Murkowski, Vice Chairman Schatz, and members of3157the Committee for the opportunity to provide testimony on behalf of3158`Aha Punana Leo in support of Native programs administered at the U.S.3159Department of Education.3160    The `Aha Punana Leo is a 501(c)(3) tax-exempt organization3161dedicated to the revitalization of the Hawaiian language and the3162longest-standing Native American language medium language nest program3163in the United States. Over the last 4 decades, the tireless efforts of3164advocates and educators have led to a resurgence of the Native Hawaiian3165language. It has also allowed us the opportunity to encounter and3166overcome challenges that other native language communities will face3167along the long journey of language revitalization. And, with our lived3168experiences, we are sharing these with other American Indian and Alaska3169Native tribes and communities.3170    `Aha Punana Leo utilizes federal grant programs administered by the3171U.S. Department of Education (ED). One of the most important--and3172impactful--programs is ED's Native Hawaiian Education Program (NHEP),3173which funds innovative education activities that address critical gaps3174in Native Hawaiian education outcomes. `Aha Punana Leo has utilized3175NHEP grant funding to support high-quality early childhood education,3176including initiatives to develop early literacy, improve math skills,3177and provide unique professional development opportunities for3178communities across Hawai`i.3179    Under the leadership of Senator McCain of Arizona, who introduced3180the Native American Languages Act (NALA) in 1990, this landmark piece3181of legislation, authored and approved in a bipartisan manner from this3182Committee is history that I want to acknowledge in my testimony. The3183Native American Languages Act of 1990 provides the framework to ensure3184and support the survival of Native American languages. Congress can3185assist and support these efforts by allowing statutory flexibility to3186align and support best practices. The numerous research and studies on3187behavioral science lists several factors in promoting positive social3188behavior, academic success, emotional well-being, physical health and3189relationships for positive youth development. Native American language3190use is a best practice in promoting all of these positive factors for3191our children and families. We have witnessed these beneficial outcomes.3192Our own languages describe our world and our relationship to our3193surroundings and our distinct identity which provides for a healthy3194mind, a healthy spirit and a healthy body.3195    The recommendation of the Alyce Spotted Bear and Walter Soboleff3196Commission on Native Children is to support Native culture and language3197learners in early childhood programs. The `Aha Punana Leo has utilized3198Native Hawaiian Education program grants administered at the USDE to3199support the recommendation of the commission. Since 1985, our Punana3200Leo preschoolers have been reading before entering kindergarten. With3201the help of our elders, we developed the Hakalama (early literacy3202syllabary). A student who is a good reader in a Native American3203language can easily transfer that reading skill to English and other3204languages.3205    Native American language immersion medium benefits exceed language3206revitalization goals. Our parents are also learning along with their3207children and were recognized by the Board of Education as active3208participants in their children's education. Due to the efforts of our3209parents, the P-20 HME program exists today.3210    Without NHEP, communities across Hawaii will lose access to no-cost3211early childhood education; high school students will lose mentorship3212opportunities; youth will lose pathways for pursuing careers in3213science, technology, engineering, and agriculture; public elementary3214schools will lose services that improve attendance and student3215outcomes; families will lose access to critical resources, including3216health screenings; and at-risk students will lose career readiness/3217workforce development programs. It is imperative that the NHEP and3218similar ED programs continue to provide necessary support for these3219important activities.3220    Thank you for the opportunity to provide testimony to the Committee3221hearing on Native American education. I look forward to working with3222the Committee on this important issue.3223                                 ______32243225  Prepared Statement of Chrystal Martinez-Tom, Principle, Dzilth-Na-O-3226                       Dith-Hle Community School3227    Chairman Murkowski, Vice Chairman Schatz, and honorable members of3228the Committee:3229    On behalf of Dzilth-Na-O-Dith-Hle Community School, we thank the3230Senate Committee on Indian Affairs (Committee) for holding an oversight3231hearing on Native American Education Programs at the U.S. Department of3232Education (Department).3233About Dine Grant Schools Association3234    As a tribally controlled school, we are providing testimony because3235the Department administers funding for several critical programs that3236support our Native students, including Title I, Title 1-A, Title II-a3237Title IV-B, Individuals with Disabilities Education Act, and Title XII.3238Scope of Testimony3239    We are submitting this testimony in connection with the oversight3240hearing held by the Committee on April 2, 2025, to address Native3241education programs at the Department. This testimony is limited in3242scope to that hearing. However, we note the broader context that3243prompted the hearing, including the Administration's recent Executive3244Order on ``Improving Education Outcomes by Empowering Parents, States,3245and Communities'' (Executive Order). \1\ The Executive Order provides3246in part that ``[t]he Secretary of Education shall, to the maximum3247extent appropriate and permitted by law, take all necessary steps to3248facilitate the closure of the Department of Education and return3249authority over education to the States and local communities while3250ensuring the effective and uninterrupted delivery of services,3251programs, and benefits on which Americans rely.'' \2\ As of the3252preparation of this testimony, to our knowledge, no consultation3253notices have been issued regarding the Executive Order or any proposal3254to restructure or close elements of the Department. As explained below,3255Tribal consultation is statutorily required before any plans to3256restructure or close the Department proceed.3257---------------------------------------------------------------------------3258    \1\ Exec. Order No. 14242 of March 20, 2025, Improving Education3259Outcomes by Empowering Parents, States, and Communities, 90 Fed. Reg.326013679 (Mar. 25, 2025).3261    \2\ Id. Sec. 2.3262---------------------------------------------------------------------------3263    With this context in mind, we are providing this testimony to3264underscore the following:32653266         1) the federal government's legal obligation to consult Tribal3267        Nations on actions impacting the education of Native children;32683269         2) the need to maintain full staff and funding for Native3270        education programs;32713272         3) concerns regarding existing staff capacity, particularly if3273        the administration of Native education programs is split up;3274        and32753276         4) that funding for Native education programs must not under3277        any circumstances be routed through the States.32783279    Underlying this testimony is the fact that those who would be most3280affected by changes to Native education programs are our students. We3281work to support our students by ensuring that our teachers and staff3282have the resources they need to provide the high-quality education our3283students deserve and to which they are legally entitled as part of the3284United States' trust and treaty obligations.3285Tribal Nations Must Be Consulted on Any Structural Changes to the3286        Department Before Those Changes Occur3287    Any action regarding Native programs taken without Tribal3288consultation would undoubtedly have negative impacts on our students.3289We are not aware of any Tribal Nation or school that has requested3290structural changes to the Department's administration of Native3291education programs. As the tribal panel expertly described to the3292Committee, Department-administered Native education programs provide3293critical resources proven to improve educational, emotional, and3294behavioral outcomes for Native students. These programs carry out an3295important aspect of the federal government's trust responsibility to3296Tribal Nations by providing quality, culturally-informed education to3297Native students. Given the importance of the programs at issue here, if3298the Administration plans to make any changes that affect Native3299education programs at the Department, the federal government must3300consult with Tribal Nations on such proposals before any changes are3301made. Moreover, because no Tribal Nation has requested these changes,3302sufficient consultation would require proposal that contains enough3303specificity for Tribal Nations to understand how the contemplated3304changes would impact them and their respective students. We want to be3305clear that if changes to Native educational programs are being planned,3306they cannot be legally carried out without prior consultation.3307    Consultation is a necessary component of the United States' trust3308and treaty obligations to Tribal Nations that has been codified in3309statutes, regulations, Executive Orders, and departmental consultation3310policies. \3\ While consultation is always important, when it comes to3311education, our students cannot afford to spend developmentally critical3312years of their education experiencing substantial disruptions to their3313schooling. Consultation is required for any proposals that would impact3314the Department's Native education programs, including under the3315Department's own policies as well as under Interior consultation3316statutes. The Department's own tribal consultation policy states that3317``[the Department] administers a number of grant programs that serve3318Indian students or that have a specific impact on tribes''-including3319Title VII, Parts A and C of the Elementary and Secondary Education Act3320of 1965. \4\ The Department's policy notes that it will consult with3321Tribal Nations regarding any proposed regulation that has tribal3322implications in accordance with Executive Order 13175. \5\ Substantial3323closure or transfer of Department functions would easily meet this3324threshold.3325---------------------------------------------------------------------------3326    \3\ See Exec. Order No. 13,175, Consultation and Coordination with3327Indian Tribal Governments, 65 Fed. Reg. 67,249 (Nov. 9, 2000) (signed3328on Nov. 6, 2000).3329    \4\ Dept. of Ed., Consultation and Coordination with American3330Indian and Alaska Native Tribal Governments, available at: https://3331www.ed.gov/sites/ed/files/about/offices/list/oese/oie/3332tribalpolicyfinal.pdf.3333    \5\ See Cheyenne River Sioux Tribe v. Jewell, 205 F. Supp. 3d 1052,33341058 (D. S.D. 2016) (``meaningful consultation requires, at a minimum,3335that defendants comply with federal statutes and their own policies3336defining what constitutes adequate `consultation.''').3337---------------------------------------------------------------------------3338    Further, several important funding sources of funds, and all funds3339that ultimately flow to Tribally controlled schools, such as funds3340under the Individuals with Disabilities Education Act, are first3341appropriated to the Department and then awarded by the Department to3342the Bureau of Indian Education (BIE), which in turn distributes them to3343BIE-funded schools. \6\ Although the funds are originally appropriated3344to the Department, any proposed change to funding that flows through3345the BIE before being provided to Tribal Nations requires consultation3346pursuant to the statutory consultation provisions Congress established3347to ``facilitate Indian control of Indian affairs in all matters3348relating to education.'' \7\3349---------------------------------------------------------------------------3350    \6\ See, e.g., 20 U.S.C.  141l(h)(l)(A) (``The Secretary of3351Education shall provide amounts to the Secretary of the Interior to3352meet the needs for assistance for the education of children with3353disabilities on reservations aged 5 to 21, inclusive, enrolled in3354elementary and secondary schools for Indian children operated or funded3355by the Secretary of the Interior.'').3356    \7\ Pub. L. No. 95-561  1130, 92 Stat. 2143, 2321 (1978) (codified3357as amended at 25 U.S.C. 2011 (a)).33583359   In the Education Amendments of 1978, Congress charged the3360        Secretary of the Interior with the responsibility to3361        ``facilitate Indian control of Indian affairs in all matters3362        relating to education.'' \8\3363---------------------------------------------------------------------------3364    \8\ Id.33653366   In the Improving America's Schools Act of 1994, Congress3367        further recognized that ``active consultation'' between the3368        Department of the Interior and Tribal leaders and school3369        officials is necessary and integral to achieving Tribal control3370        of Native education. \9\3371---------------------------------------------------------------------------3372    \9\ Pub. L. No. 103-382  381, 108 Stat. 3518, 4001 (1994)(codified3373as amended at 25 U.S.C.  2011(b)).33743375   Finally, in the No Child Left Behind Act of 2002, Congress3376        cemented the ``active consultation'' requirement by enumerating3377        clear consultation standards and procedures and by directing3378        the Department of the Interior to ``work in a government-to-3379        government relationship to ensure quality education for all3380        Tribal members,'' \10\ and to afford ``interested parties3381        (including tribes and school officials)'' the opportunity to3382        ``present issues'' and ``participate and discuss the options3383        presented.'' \11\3384---------------------------------------------------------------------------3385    \10\ Pub. L. No. 107-110  1042, 115 Stat. 1425, 2043 (2002)3386(codified at25 U.S.C.  2011(b)).3387    \11\ Id.33883389    These statutory terms clarify and codify the consultation process3390that is a necessary component of fulfilling the United States' trust3391and treaty obligations to Tribal Nations. No doubt part of the reason3392for these education specific consultation requirements and the goal to3393achieving Indian control over Indian education is that Tribally3394controlled schools know what is best for our students, and we3395understand that schooling interruptions can have long-lasting negative3396consequences for educational outcomes.3397    We also remind the Committee of its ability to request a written3398explanation ``of any decision made by the Secretary [of the Interior]3399which is not consistent with the views of the interested parties'' \12\3400and urge the Committee to continue to exercise its oversight authority3401if changes are made or proposed that violate consultation requirements.3402---------------------------------------------------------------------------3403    \12\ 25 U.S.C.  2011(c).3404---------------------------------------------------------------------------3405The Administration Must Maintain Full Funding and Staff for Native3406        Education Programs3407    We are gravely concerned that the Administration will make3408structural changes to the Department that will result in the loss of3409funding or of critically important staff. Existing funding and staff3410support necessary programs that provide culturally-informed, high-3411quality education for our Native children. The loss of even some of3412these funds or staff would have a detrimental impact on our ability to3413meet the needs of our students and on our students' opportunities to3414stay at grade level.3415    Any education reform efforts must maintain ( and indeed, seek to3416increase) existing funding streams for BIE-funded schools. If funds are3417diverted, the Administration's goal of ``ensuring every child has the3418opportunity to receive a world-class education'' \13\ will not be3419realized for Native children, because BIE-funded schools like ours will3420have fewer resources to provide the culturally-relevant education that3421our communities need.3422---------------------------------------------------------------------------3423    \13\ Fact Sheet: President Donald J Trump Expands Educational3424Opportunities for American Families, The White House (Jan. 30, 2025),3425https://www.whitehouse.gov/fact-sheets/2025/01/fact-sheet-president-3426donald-j-trump-expands-educational-opportunities-for-american-3427families/.3428---------------------------------------------------------------------------3429    The BIE-funded school system exists to serve Native students. Like3430any vital service, BIE-funded schools are only able to provide3431sufficient education programming if they are fully funded. Currently,3432BIE-funded schools struggle with chronic underfunding, failing3433facilities, transportation challenges, limited options for staff3434housing, and competition with local public schools for quality3435instructional staff. Dzilth-Na-O-Dith-Hle Community School already3436stretches the federal dollars it receives through its grant agreement3437with the BIE to provide our Native students with quality, culturally-3438informed education. Additionally, our school suffers from chronic3439underfunding and a lower per pupil allocation than other schools in the3440area.3441    In addition, any loss of staff would result in the loss of3442important institutional knowledge held by those who have developed3443expertise in successfully administering Native education programs. Our3444school has worked to build positive relationships with the Department3445staff that operate these programs. Eliminating any staff, regardless of3446the addition of newly-hired staff, would result in the loss of critical3447knowledge by those who know how to administer these programs, which3448will ultimately negatively impact our students as well. While there are3449elements of these Departmental programs that could be improved, a3450complete restructuring of their administration without retaining the3451existing skills of employees who have established knowledge and3452experience in this area would make the operation of the programs more3453inefficient and potentially breach the federal government's trust3454obligation to provide Native students with quality education.3455We Are Concerned About Other Agencies' Capacities to Take on the3456        Department's Obligations, Particularly If Native Education3457        Programs Administered by the Department Are Split Up3458    In any potential restructuring, we are certain that BIE, which3459awards grants under the Tribally Controlled Schools Act (TCSA), does3460not have the capacity to administer any additional obligations unless3461the full scope of funding and staff are maintained as described above.3462    While there is no specific proposal currently before Tribal Nations3463to review, splitting up Department-administered Native education3464programs among multiple agencies raises serious concerns. Namely, we3465fear that any restructuring that shifts responsibilities to federal3466agencies that do not have experience with Native education or that3467splits up existing offices would worsen existing bureaucratic3468challenges and create new administrative procedures when red tape3469already impedes the BIE's ability to promptly provide funding to3470tribally controlled schools.3471    As currently administered, we receive an annual yearly grant from3472BIE under the TCSA that includes funds awarded by the Department to BIE3473(for instance, under the Individuals with Disabilities Education Act).3474Indeed, the TCSA requires that all federal education funding be3475combined into one grant. The law provides that a TCSA grant shall3476consist of amounts allocated to Tribally controlled schools under3477Sections 1127 and 1128 of the Education Amendments of 1978, Title I of3478the Elementary and Secondary Education Act of 1965, the Individuals3479with Disabilities Education Act, and ``any other federal education3480law.'' \14\ Thus, as it relates to Native education programs,3481restructuring the Department would undermine the administrative3482efficiencies created to implement Congress's directives in the TCSA. We3483urge that Committee oversight ensure that these efficiencies remain in3484place so that all funding for tribally controlled schools are made3485available through a single agency.3486---------------------------------------------------------------------------3487    \14\ 25 U.S.C.  2503(a) (emphasis added).3488---------------------------------------------------------------------------3489    Given our existing concerns with the BIE's accountability to its3490statutory mandates, and management deficiencies documented by the3491Government Accountability Office (GAO) associated with high staff3492vacancy rates, the possibility that BIE would be charged with the3493administering additional awards from the breaking-up of existing3494programs from another agency is deeply troubling. For this reason, it3495is essential that the staff and funding levels of current education3496programs be maintained. Already we have seen changes over the past3497decade, where the BIE has attempted to restructure and centralize its3498administrative offices to improve effectiveness, which have ultimately3499served to make the BIE less accessible and less accountable to Tribal3500communities. Local, Tribal control of Tribally controlled schools is3501the only way to provide Native students with high quality education.3502Further restructuring should only be undertaken for the purpose of3503``facilitate[ing] Indian control of Indian affairs in all matters3504relating to education'' \15\ through consultation.3505---------------------------------------------------------------------------3506    \15\ 25 U.S.C.  2011(a).3507---------------------------------------------------------------------------3508    Our students should not have their opportunities burdened or3509diminished because vital programs and funding are delayed or reduced3510because federal officials are being directed to put their energies into3511creating new organizational charts and administrative processes.3512Additionally, based on our experience, when the federal agencies3513restructure or create new bureaucratic processes, those agencies then3514impose corresponding procedures and requirements on Tribally controlled3515schools, which distract teachers and administrators from their core3516responsibilities of providing quality educational opportunities to our3517students. Congress anticipated such intrusions into school3518administration and prohibited the bureaucracy from requiring Tribally3519controlled schools from producing any reports beyond those expressly3520identified in the TCSA. \16\3521---------------------------------------------------------------------------3522    \16\ 25 U.S.C.  2503(b)(l).3523---------------------------------------------------------------------------3524    We are concerned that administrative restructuring could further3525increase the concentration of funding stuck in federal bureaucratic3526processes and not reaching the students who these programs are intended3527to serve. As this Committee is aware, Congress has directed that3528``[n]notwithstanding any other provision of law, Federal funds3529appropriated for the general local operation of Bureau-funded schools3530shall be allotted pro rata in accordance with the [Indian School3531Equalization Formula].'' \17\ Yet, contrary to this clear directive,3532the BIE has over the past few years taken a disproportionate share of3533Congressional funding increases to expand its own administrative3534bureaucracy at the expense of both BIE-operated schools and Tribally3535controlled schools. A federal bureaucratic realignment poses risks of3536delays and reductions of the funding delivered to the local level.3537---------------------------------------------------------------------------3538    \17\ 25 U.S.C.  2007(b).3539---------------------------------------------------------------------------3540    Tribally controlled schools typically receive the smallest share of3541this disproportionate funding allocation, as the BIE has prioritized3542certain funding to BIE-operated schools. This proliferation of BIE3543bureaucracy has ultimately diverted federal funds away from their3544intended purpose: the provision of culturally-informed, high-quality3545education to Native students. If Department funding is routed and3546awarded through the BIE is restructured to involve new and additional3547agencies that lack experience working with Tribal Nations and Native3548education programs, these existing funding allocation challenges would3549likely worsen. Any decrease or delay in funding would put Native3550students--on whom the system should be focused--in the crossfire.3551Maintaining a student focus is of paramount importance.3552Funding for Native Education Programs Should Under No Circumstances Be3553        Distributed to State Governments.3554    Because the Executive Order contemplates ``return[ing] authority3555over education to the States,'' we note that the role of State3556governments in the area of Native students' education should not3557change. Importantly statutory provisions require that funding3558allocations, such as for funding authorized pursuant to the Elementary3559and Secondary Education Act, be provided directly to the Secretary of3560the Interior, meaning that the provision of these funds directly to the3561States would not be statutorily permissible. \18\3562---------------------------------------------------------------------------3563    \18\ See, e.g., 20 U.S.C.  6331(a) (requiring Secretary of3564Education to reserve a certain percentage of funding to be provided to3565the Secretary of the Interior).3566---------------------------------------------------------------------------3567    Because the Department's administration of Native education3568programs carries out an important element of the United States' trust3569and treaty obligations to provide quality education to Native students,3570the delegation of any of those duties to State governments would3571constitute a serious breach of this duty.3572Conclusion3573    For all the reasons stated above, we urge the Committee to exercise3574its authority to the fullest extent to ensure that Native students3575continue receive a culturally-informed, high-quality education and that3576Native students are not harmed by any efforts to dismantle the3577Department-whether intentionally or as collateral damage. Our students3578must remain the focus of our work. We appreciate your efforts to uphold3579the United States' trust and treaty obligations to Tribal Nations for3580the education of their children.3581                                 ______35823583  Prepared Statement of the Indigenous-Language Immersion and Native3584          American Student Achievement Study Research Team \1\3585---------------------------------------------------------------------------3586    \1\ Members: Teresa L. McCarty, Distinguished Professor of3587Education and American Indian Studies, University of California;3588Tiffany S. Lee, Distinguished Professor of Native American Studies,3589University of New Mexico; Sheilah E. Nicholas, Professor of Education,3590University of Arizona; Michael Seltzer, Professor of Education3591Emeritus, University of California; Kyle Halle-Erby, Postdoctoral3592Scholar, University of California; Thomas Jacobson, Research Analyst,3593University of California; James McKenzie, Indigenous Language and3594Culture Activist and Doctoral Candidate, University of Arizona3595---------------------------------------------------------------------------3596    Honorable Chairwoman Murkowski, Vice Chairman Schatz, and Members3597of the Committee: Thank you for the opportunity to offer written3598testimony on Federal programs in Native American education. We provide3599this testimony as the principal investigators and coresearchers in the3600Indigenous-Language Immersion and Native American Student Achievement3601Study, a 7-year (2016-2023) U.S.-wide investigation of Indigenous-3602language immersion (ILI) schooling funded by the Spencer Foundation of3603Chicago, Illinois. In this Statement we convey findings from the study3604and evidence-based recommendations for federal Indian education policy3605and programs. The study illuminates promising practices of benefit to3606underserved Native American students and to all learners in U.S.3607schools. Those benefits, in turn, constitute tremendous assets to U.S.3608society, as ILI both strengthens the richness of the fabric of U.S.3609heritage and honors languages that were vital in helping the U.S. and3610our Allies prevail in World War II.3611Indigenous-Language Immersion and the Need for Research3612    American Indian, Alaska Native, and Native Hawaiian students face3613enduring academic disparities. More than a third of K-12 Native3614American students attend high-poverty schools. The public school3615graduation rate for Native students is 75 percent, lower than any group3616in the U.S. Since 2010 Native American college enrollment has declined3617precipitously, by 38 percent. At the same time, there is growing3618concern among Native Americans about the loss of ancestral languages3619and knowledge systems, which constitute the bedrock of children's3620socialization and the health and wellbeing of their families,3621communities, and nations.3622    In response, many Native communities have developed innovative3623Indigenous-language immersion programs in which all or most content is3624taught through the Indigenous language--typically children's second3625language--within an academically rigorous, culture-based curriculum.3626Limited data indicate these programs have been successful in achieving3627the dual goals of promoting academic attainment and language and3628culture revitalization. However, prior to the present study, there was3629no systematic, U.S.-wide database on these programs' distinctive3630features or outcomes. This study provides that database.3631What Did the Study Do?3632    From 2016 to 2023, we undertook a multi-method, multi-university3633investigation of ILI schooling. The study asked:36343635   What ILI programs exist?36363637   What learning opportunities does ILI afford?36383639   Under what conditions is ILI beneficial?36403641   What are the programs' outcomes?36423643   How do outcomes compare for Native students in ILI with3644        carefully matched peers in non-immersion programs?36453646    To learn what ILI programs operate in the U.S., we developed and3647administered a national survey of Indigenous language programs. To3648understand the distinctive features and outcomes of ILI programs, we3649undertook in-depth case studies with 8 ILI schools that partnered in3650the study--from upstate New York, to the upper Midwest, to the3651Southwest, to the Hawaiian Islands. The schools represent a3652crosssection of Native American languages and urban and rural, large3653and small, public, public charter, Tribal, and family/community-3654operated schools. To learn how academic outcomes compare for ILI and3655non-ILI students, we analyzed assessment data on English language arts,3656mathematics, and Indigenous-language development for matched pairs of3657students in ILI and non-ILI programs.3658What Did We Learn?3659    The survey data identified hundreds of Indigenous-language programs3660serving infants through adults in and out of school, with funding from3661Tribal, federal, and state governments and private donors. The survey3662revealed a variety of instructional approaches, reflecting more than3663175 living Native American languages and distinctive community-school3664goals and needs. While there is no ``one-size-fits-all'' approach,3665several key factors promoted these programs' success:36663667   Strong family and community engagement36683669   Strong leadership and teacher-learner relationships36703671   Perseverance, dedication, and financial and institutional3672        support36733674   A sense of family and belonging36753676   The use of full (100 percent) Indigenous-language immersion3677        and an academically challenging, culturally responsive3678        curriculum36793680    The quasi-experimental, matched-pair analysis found that students3681in ILI programs have high attendance, graduation, and college-going3682rates. For some schools, the graduation rate is 100 percent, with 803683percent of graduates enrolling in postsecondary education.3684    We also found that ILI students score as highly or higher on3685English standardized assessments than their Native American peers in3686Englishmedium programs. Importantly, we found no evidence that3687participating in ILI schooling ``holds children back'' from learning3688English or academic content. To the contrary, ILI students not only3689master English reading and writing but also mathematics, science, and3690other academic content in both languages. As we observed at our case3691study schools, ILI students often develop remarkable proficiency in3692their ancestral language, with many approaching the proficiency of a3693first-language speaker by the time they reach seventh or eighth grade.3694Their bilingualism and biliteracy confer cognitive advantages as well3695as benefits to their community, the local economy, and the larger U.S.3696society.3697    The in-depth case studies identified a common innovative practice:3698a relational instructional approach that: (1) connects academic content3699to children's community and the lands and waters they call home; (2)3700emphasizes responsibility to self, others, and the natural world; and3701(3) builds a familial school culture. The overall effect is to promote3702holistic academic wellbeing, including academic attainment, language3703and culture revitalization, and strong school-community relationships.3704Summing Up: Evidence-based Guidance for Federal Policy and Educational3705        Practice3706    This study provides the first and only systematic, long-term,3707comprehensive database on the distinctive features and outcomes of ILI3708schooling. Those data show that:37093710   Native American students acquire English alongside their3711        Indigenous languages and the cognitive, socioemotional, and3712        career and life benefits of bilingualism and biliteracy.37133714   ILI programs are major forces in the revitalization of3715        endangered Indigenous languages and knowledge systems--a3716        primary aim of federal policy enshrined in the 1990 Native3717        American Languages Act--which fosters in children selfesteem3718        and efficacy, academic attainment, and the development of civic3719        responsibility.37203721   ILI students' academic performance is on par with and often3722        exceeds that of comparable students in English-medium programs,3723        even on tests in English, which is not the language of3724        instruction in ILI programs.37253726   ILI is associated with improved attendance, high school3727        graduation, and postsecondary enrollment rates--factors that3728        support graduates in obtaining employment in a variety of3729        socioeconomic sectors.37303731   A key ingredient in the positive outcomes of ILI schooling3732        is the use of relational pedagogies that explicitly develop3733        connections between academic content, students' communities,3734        and the natural world; build strong school-community ties; and3735        foster a caring, familial school culture.37363737   Together, these qualities foster holistic academic wellbeing3738        and the abilities and characteristics to make positive3739        contributions to their families, communities, U.S. society, and3740        the world.37413742    In sum, ILI schooling is an effective approach to developing3743academic skills and preparing community leaders within a population of3744students that schools have historically failed to serve effectively.3745This study's findings suggest that ongoing and increased funding and3746other resources to support ILI programs will help eliminate academic3747disparities faced by Native American students, while concurrently3748increasing positive practices of wellbeing among Indigenous youth, from3749which all Americans can learn and benefit.3750    Thus, the research team recommends that policy which facilitates3751the growth of ILI programs among Indigenous communities in the U.S. be3752adopted. The research team also calls attention to the 1990/1992 Native3753American Languages Act, which affirms U.S. policy to: ``promote the3754rights and freedom of Native Americans to use, practice, and develop3755Native American languages.'' Because federal programs for American3756Indian education are crucial to ILI programs and the academic success3757of Native American youth in other areas, such federal programs should3758continue their vital support for Indigenous communities and schools.37593760    References37613762     Arviso, M., & Holm, W. (2001). Tsehootsood!di Olta'gi Dine Bizaad3763Bihoo'aah: A Navajo immersion program at Fort Defiance, Arizona. In L.3764Hinton & K. Hale (eds.), The Green Book of Language Revialization in3765Pracitce (pp. 203-215). Academic Press.37663767     Hermes, M., & Kawai `ae `a, K. (2014). Revitalizing Indigenous3768languages through Indigenous immersion education. Journal of Immersion3769and Content-Based Language Education, 2(2), 303-322.37703771     Holm, A., & Holm, W. (1995). Navajo language education: Retrospect3772and prospects. Bilingual Research Journal, 19(1), 141-167.37733774     Infante, E.M. (1999). Living the language: Growing up in immersion3775school taught its own lessons. The Honolulu Advertiser, May 30, E1, E3.37763777     Jacobson, T.A. (2024). Indigenous language immersion and Native3778American student outcomes. [Unpublished doctoral dissertation]3779University of California, Los Angeles, Department of Education.37803781     Lee, T.S., McCarty, T.L., Halle-Erby, K., Jacobson, T., Seltzer,3782M., McKenzie, J., & Nicholas, S.E. (in press). Indigenous language3783immersion schools: The link to sustainable and healthy Indigenous3784community futures. Wicaso Sa Review.37853786     Lee, T.S., & McKenzie, J. (2023). Indigenous language3787revitalization in the United States and Canada. In R.J. Tierney, F.3788Rizvi, & K. Ereikan (Eds.), International Encyclopedia of Education3789(4th ed., pp. 50-60). Elsevier.37903791     McCarty, T.L., Lee, T., Noguera, J., Yepa, W., & Nicholas, S.E.3792(2022). `You should know the name of the wind where you live'--3793Relationality and relational accountability in Indigenous-language3794education. Comparative Education Review, 66(3), 417-441.37953796     McCarty, T.L., Noguera, J., Lee, T.S., & Nicholas, S.E. (2021). `A3797viable path for education': Indigenous-language immersion and3798sustainable selfdetermination. Journal of Language, Identity, and3799Education, 20(5), 340-354.38003801     National Center for Education Statistics (NCES). (2024, May). High3802school graduation rates. Condition of Education. U.S. Department of3803Education, Institute of Education Sciences.38043805     Postsecondary National Policy Institute. (2023). Native American3806students in higher education. https://pnpi.org/factsheets/native-3807american-students/38083809     Wilson, W.H., DeCaire, R., Gonzalez, B.N., & McCarty, T.L. (2022).3810Progress, challenges, and trajectories for Indigenous language3811contentbased instruction in the United States and Canada. Journal of3812Immersion and Content-Based Language Education, 10(2), 342-373.3813                                 ______38143815     Prepared Statement of Ka`iu Kimura, Director, Ka Haka `Ula O3816                          Ke`elikolani College3817    Aloha Chair Murkowski, Vice Chair Schatz and distinguished members3818of the United States Senate Committee on Indian Affairs.3819    Mahalo nui for this important hearing. My name is Ka`iu Kimura. I3820am a Native Hawaiian woman from Waimea, Hawai`i and have administered a3821number of Native-specific and Native-run entities on Hawai`i Island.3822First, I want to say that I have seen the testimonies that were3823delivered in person at the Committee's hearing on April 2, 2025. They3824were excellent and I add my voice in support of their contents.3825    My current position is Director of Ka Haka `Ula O Ke`elikolani3826College (KHUOK). I also administer its affiliated entities: the Hale3827Kuamo`o Hawaiian language center and associated electronic tape and3828document library, the College's Kahuawaiola teacher education program3829and associated laboratory school program, and the bilingual Hawaiian-3830English `Imiloa Science Center. These all provide crucial resources for3831Native Hawaiian education for those living in the Native Hawaiian3832homeland and beyond in the diaspora. They are the primary source of3833such support for those living in Hawai`i and for those outside Hawai`i.3834These entities have grown through funding provided through3835Congressionally established programs provided through the U.S.3836Department of Education (USDOE), especially in Title VII of the3837Elementary and Secondary Education Act (ESEA).3838    I want to draw special attention to the importance of the USDOE in3839providing attention to Native American languages. In the fall of 2023,3840the USDOE awarded funds to initiate the new Congressionally established3841National Native American Language Resource Center (N-NALRC). As3842Director of KHUOK, I am also the Primary Director of the N-NALRC, which3843is a partnership between KHUOK, the University of Alaska Southeast in3844Juneau, Alaska and Lac Courte Oreille Ojibwe University on the Lac3845Courte Oreille Reservation near Hayward, Wisconsin. The NNALRC builds3846from a national network of Native language revitalization participants3847that first developed in the successful lobbying effort to pass the3848Native American Languages Act of 1990 (NALA) and then various other3849federal provisions building from NALA. Last month the N-NALRC was a3850cosponsor with KHUOK of a two day conference that drew over 1003851individuals from a wide range of Native communities to discuss P-123852Native language education and the involvement of diaspora Native3853communities in Native language education. Key resources to initiate and3854further develop these NALA-based schools have come from Title VI, Part3855A of the ESEA under the USDOE.3856    KHUOK is also providing an Indigenous language revitalization-3857focused Ph.D. program and a related master's program for American3858Indian, Alaska Native and Native Hawaiian students. The focus of these3859two programs are entities and individuals directly involved in Native3860language education, especially Native language immersion and medium3861schools aligned with the provisions of NALA. The Elementary and3862Secondary Education Act is a key source of support for such schools and3863programs.3864    I share the concern expressed in other testimonies that important3865legislation administered through the USDOE and providing programs for3866Native peoples will fall through the cracks should the USDOE be3867eliminated through a reorganization. The Elementary and Secondary3868Education Act (ESEA) is the most important such legislation under USDOE3869jurisdiction. Title VI contains the most programs for Native peoples,3870and includes specific provisions related to Native languages for the3871three distinct groups of American Indians, Native Hawaiians, and Alaska3872Natives. It also includes Sec. 6133 that is focused on NALA policy and3873includes all three groups. Sec. 6133 is very important for language3874revitalization.3875    Thanks to the advocacy of Dr. William Demmert (Tlingit) in Congress3876in the early 1990s, NALA policy was also included in ESEA protections3877for English Learners. Native language revitalization is closely tied to3878English Learner status and the development of high levels of English3879proficiency, but as an additional language, rather than as replacing3880the primary federally protected status of Native languages of our3881peoples. NALA provisions are included in Sec. 3124 (3) and Sec. 31273882along with definitions within ESEA. Those provisions have in large part3883been ignored by states and are an area where strengthened attention3884under the USDOE would be appropriate. There is also a source of direct3885funding to NALA oriented programs under Sec. 3112, for which all three3886groups of Native people are eligible. Nationally, Native American3887language medium/immersion schools schools have received more support3888from the USDOE than from the Department of the Interior. Furthermore,3889the education work of the Department of the Interior is not aligned3890with NALA as it excludes Native groups recognized in NALA, including3891Native Hawaiians and Native Alaskans.3892    Over the past few years with attention from your Committee and3893other federal entities the role of the federal government in3894suppressing the Native languages of the United States has come to light3895in various reports. That suppression extended to all three major Native3896groups. NALA represented a turning point in federal policy relative to3897Native American languages and their value for the education of Native3898students. Our Native language-based schools accross the nation have3899demonstrated that it is possible to attend school through a Native3900American language while achieving academic excellence and excellence in3901English while also maintaining, strengthening and expanding proficiency3902in a Native American language. N-NALRC provides funding for us to3903further develop support and direction for such existing schools. It3904also allows us to provide similar support to tribes and communities3905seeking to begin similar initiatives. The USDOE is a key source of the3906support for the N-NALRC that addresses these important needs. The N-3907NALRC includes all Native peoples of the United States identified in3908NALA, not only those specifically supported through the Department of3909the Interior. Not only does the USDOE support our three entity N-NALRC3910partnership, it also supports three smaller regional Native American3911language resource centers.3912    A crucial factor in funding from the USDOE, especially funding3913focused on Native languages, is that it is directed to Native community3914members who actually speak the local language and the particular local3915dialect of that language, who are themselves operating the programs.3916State and other educational entities without such strong community3917linguistic and cultural ties would not be able to provide the sort of3918programing tied to parental and community interest. Our experience with3919federal Title III funding to states has not been positive in spite of3920the strong NALA aligned provisions in Sec. 3124(3) and Sec. 3127.3921    In closing Senators, I thank you for holding this hearing focusing3922on the crucial role that the USDOE plays in Native education including3923the use of Native languages for delivery of education. Your work on our3924behalf is extremely important and generally overlooked by other3925government entities. It is my hope that during this period of confusion3926that your Committee will provide direction to maintain and further3927strengthen the trust responsibility commitment to America's Native3928peoples relative to education. It is my further hope and request that3929there be a special focus on education that revitalizes, maintains, and3930further develops our languages as first expressed in NALA a full3931generation and a half ago. Education through Native languages is not3932only highly successful academically, it is at the core of who we are as3933Native peoples.3934    Mahalo nui loa for the opportunity to testify for this importartant3935hearing.3936                                 ______39373938  Prepared Statement of Sharei Ricketts, Superintendent, Little Wound3939                                 School3940    Chairwoman Murkowski, Vice Chairman Schatz, and Members of the3941Senate Committee on Indian Affairs, thank you for the opportunity to3942submit this written testimony for the record. I appreciate the3943Committee's leadership in holding this important hearing to examine3944federal education programs that serve Indian students and to confront3945the consequences of the President's proposed dismantling of the U.S.3946Department of Education (DOE).3947    My name is Sharei Ricketts, and I am the Superintendent of the3948Little Wound School, a K-12 Bureau of Indian Education (BIE)-funded,3949Tribally Controlled School on the Oglala Sioux Pine Ridge Indian3950Reservation. I write today to underscore the profound risks such a3951proposal poses to Indian Country and to urge Congress to act decisively3952to protect the federal government's treaty and trust responsibility by3953continuing to fund critical program necessary for the education of our3954children.3955The Federal Trust Responsibility3956    One of the pillars of the federal government's trust and treaty3957responsibility is to provide education to American Indian, Alaska3958Native, and Native Hawaiian students. These obligations are enshrined3959in the U.S. Constitution, treaties, statutes, and longstanding federal3960policy. They are not discretionary programs that can be discarded or3961devolved to the states at the whim of any administration. They are3962legal and moral promises that must be honored.3963The Risks of Eliminating or Reorganizing DOE Programs3964    The President's proposal to dismantle the Department of Education,3965and the executive actions already underway to restructure it, pose3966immediate and long-term threats to Indian education. Among the specific3967problems:39683969        1.  Violation of Treaty and Statutory Obligations: States are3970        not party to federal treaties with tribal nations and have no3971        legal duty to uphold the trust responsibility. Shifting3972        education programs that support Indian education to the states3973        would effectively abandon those commitments.39743975           The treaty and trust responsibility required education to be3976        provided for hundreds of tribes, including the 1868 Treaty of3977        Fort Laramie. These treaties are recognized as the ``supreme3978        law of the land'' under the U.S. Constitution (Article VI) and3979        the Supreme Court decision in Worcester v. Georgia (1832),3980        which reaffirmed that these obligations must be honored. This3981        country owes a great deal to tribal people who agreed to cede3982        billions of acres of land and trillions in valuable natural3983        resources through such treaties--including gold, coal, timber,3984        oil, natural gas, steel, and iron. The United States could not3985        have achieved the great heights of its success or provided3986        refuge for millions of immigrants seeking freedom of religion3987        and opportunity without these agreements. In exchange, one of3988        the core promises of these treaties and trust responsibilities3989        is the education of Indian children.39903991           Further, the lack of tribal consultation violates federal3992        law under 25 USC  2011, 25 USC  2501 (b), and Yankton Sioux3993        Tribe v. Kempthorne in the federal government requirement to3994        provide ``fair notice of agency intentions.''39953996           Many other federally funded programs for Indian children3997        also require federal consultation. Johnson- O'Malley requires3998        Indian Education Committee (IEC) involvement for educational3999        planning and approval. 25 U.S.C.   5344(c)(1)(B).4000        Specifically, ``The program shall be developed and approved in4001        full compliance with the educational plan developed under this4002        subsection and shall be approved by the Indian Education4003        Committee.''40044005           Title VI requires an Indian Parent Committee (IPC) and4006        documented consultation with parents and Tribes. 20 U.S.C.4007        7424(c). Specifically, the IPC must be involved in the4008        development, approval, and evaluation of the application and4009        program: ``The local educational agency shall develop the4010        program in open consultation with parents and families of4011        Indian children, representatives of Indian Tribes... and with4012        the Indian parent committee.''40134014           Applications for Title VI funding must include written4015        evidence of consultation. 20 U.S.C.   7424(c)(3): ``Such4016        application shall include a description of the manner in which4017        the local educational agency will ensure that Indian children4018        participate in the program on an equal basis with all other4019        children served by the local educational agency. And finally,4020        ``Each affected LEA shall consult with appropriate officials4021        from Indian tribes or tribal organizations prior to the LEA's4022        submission of a plan or application.'' 20 U.S.C.   7918 (ESSA4023        Section 8538).40244025           The consultation requirements are not menial; they are a4026        treaty and trust obligation, part of the United States policy,4027        and statutory requirements that must be fulfilled.40284029        2.  Loss of Culturally Relevant Education: Programs like Title4030        VI--Indian Education (formerly known as Title IV, Title V, and4031        Title VII), the Alaska Native Education Program (ANEP), and4032        Native Hawaiian Education grants fund language revitalization,4033        tribal history curriculum, and culture-based learning. These4034        efforts are rooted in the community and cannot be replicated4035        through generic state programming.40364037        3.  Disruption of Direct-to-Tribe Funding: DOE programs provide4038        direct support to tribes, tribal colleges, and local4039        educational agencies. Moving these funds through states would4040        undermine tribal sovereignty, introduce bureaucratic delays,4041        and increase the risk of misallocation.40424043        4.  Loss of Institutional Knowledge and Staffing: DOE currently4044        employs Indian-serving professionals who have longstanding4045        relationships with tribal communities. Recent administrative4046        actions have already led to the removal or reassignment of key4047        staff. Further restructuring could permanently and4048        detrimentally hurt this institution's expertise.40494050        5.  Threats to Tribal Colleges and Universities (TCUs): TCUs4051        rely on DOE-administered Title III funding, Pell Grants, and4052        other supports. Funding delays or redirection through states4053        could threaten accreditation and force program cuts, damaging4054        tribal self-determination and economic development.40554056        6.  Delayed and underfunding of critical assistance to the4057        Bureau of Indian Education funded schools: The Administration's4058        March 14, 2024, Reduction in Force (RIF) has already caused4059        severe delays of Congressionally appropriated funds meant to be4060        transferred from DOE to the BIE. The March RIFs included all4061        the Business Managers/Budget Analyst that transfer Title4062        funding to Bureau of Indian Education schools and Counties(non-4063        Indian Schools). Title funding is transferred in two4064        distributions, one at 30 percent in the Fall and 70 percent, in4065        early Spring. Currently, all BIE-funded schools in South4066        Dakota, New Mexico, and Arizona--as we have conferment--have4067        not received the 70 percent Spring distributions. In South4068        Dakota alone, this disruption is deeply alarming since more4069        than 5,000 Indian Students and 30 teachers rely on this4070        funding.40714072        7.  Absence of a Transition Plan: There has been no public or4073        tribal consultation regarding where these programs would go,4074        how they would be administered, or how continuity would be4075        preserved. The lack of transparency and planning not only4076        heightens the danger to continued education for Indian students4077        and tribal communities.40784079Recommendations to Preserve and Strengthen Native Education4080    Congress must act to protect Indian education from administrative4081overreach. I respectfully offer the following recommendations:40824083        1.  Codify Key Programs: Permanently authorize and fund Title4084        VI, Impact Aid, ANEP, Johnson O'Malley, and Title III programs4085        in federal statute to insulate them from executive action.4086        2.  Mandate Tribal Consultation: Enforce and strengthen tribal4087        consultation requirements for any agency changes affecting4088        Indian education.4089        3.  Protect Direct Funding Structures: Ensure that funding4090        continues to flow directly to tribes, tribal consortia, TCUs,4091        BIE-Funded Tribally Controlled Schools, and Indian-serving4092        schools without state intermediaries.4093        4.  Establish a Statutory Office of Indian Education: Create4094        and fund a permanent office within the Department of Education4095        to protect Native-serving staff and preserve institutional4096        knowledge.4097        5.  Support TCU Autonomy: Pass legislation such as the Haskell4098        Indian Nations University Improvement Act to strengthen the4099        governance and independence of tribal colleges.4100        6.  Fully Fund Federal Commitments: Fully appropriate4101        authorized levels for Impact Aid, IDEA tribal set-asides, Title4102        I, and Title III. Ensure timely disbursement of funds.41034104Conclusion4105    The federal commitment to Indian education is not a program to be4106cut, but a treaty and trust responsibility to be kept. Congress must4107ensure that Indian students do not become collateral damage in a4108misguided effort to dismantle federal education infrastructure. Thank4109you for your attention to this critical matter and your continued4110support of Indian students, families, and educators across Indian4111Country.4112                                 ______41134114  Prepared Statement of Alison Kulanikauha`a Masutani, President/CEO,4115                        Malama `Aina Foundation4116    Thank you, Chairman Murkowski, Vice Chairman Schatz, and members of4117the Committee for the opportunity to provide testimony on behalf of4118Malama `Aina Foundation (MAF) in support of programs that support4119Native Hawaiian education.4120    MAF is a non-profit organization formed in 1998 with a mission to4121``empower people to be grounded in their identity and heritage,4122transform mindsets and foster healthy growth of communities.'' Our4123organization provides in-class, afterschool and intersession learning4124opportunities that are place-based and culturally grounded to empower4125the next generation of `Oiwi leaders and environmental stewards.4126    Like many organizations in Hawai`i predominantly serving Native4127Hawaiian children and youth, MAF utilizes federal grant programs4128administered by the U.S. Department of Education (ED). One of the most4129important--and impactful--programs is ED's Native Hawaiian Education4130Program (NHEP), which is one of the few sources that funds innovative4131education activities that address critical gaps in Native Hawaiian4132education outcomes. MAF has utilized NHEP grant funding for years to4133provide the following programs:41344135   Mahope O Ke Kula Ke A`o Mau Ana provides in-class support4136        and out of school time activities to middle school youth at4137        Hilo Intermediate and Kohala Middle Schools on Hawai`i island4138        and Kamaile Academy in Wai`anae, O`ahu. Out of school time4139        activities include huaka`i and hands-on experiences that not4140        only reinforce STEM learning, but also strengthen cultural4141        identity and provide vital physical, mental and spiritual4142        nourishment for our haumana.4143         Funding has also allowed us to deliver impactful in-class4144        curriculum that enriches the haumana and builds the capacity of4145        the school teachers who may not be grounded in culture based4146        education by deepening their understanding of Native Hawaiian4147        values and STEM concepts.4148         Our afterschool programs foster social and emotional well-4149        being that lays the groundwork for the haumana to develop4150        strong and healthy relationships and improve their chances for4151        academic and life success.41524153   Ke Ka`a `Enehana is a STEAM Mobile program that aims to4154        provide integrated culture-based Science, Technology,4155        Engineering, Hawaiian Arts, and Math (STEAM) learning4156        experiences. Our STEAM van travels to rural and remote4157        communities with limited resources to address educational4158        service, academic learning loss, and prepare haumana for4159        academic success. All Native Hawaiian culture-based curriculum4160        is developed by MAF's curriculum team to align with the Next4161        Generation Science and Common Core state standards for grades4162        K-12.41634164    In all programs, MAF`s foundation of culture based education4165enables haumana to learn about aloha `aina and Malama `Aina through the4166lens of our kupuna via hands-on learning experiences. We instill into4167our haumana that they have the kuleana to be environmental stewards4168whether it be on a professional level or just in their everyday lives.4169    Due to the support from the NHEP, the Mahope program has been able4170to offer our haumana not just academic support, but personalized4171encouragement, cultural connection, and the belief that they can4172succeed.4173    At Kamaile Academy, one student regularly struggled with4174understanding and completing her homework. She rarely did it at home4175and often doubted her own abilities. But during our dedicated homework4176support sessions every Tuesday and Thursday, she began to open up. With4177gentle guidance and consistent encouragement, she began to realize she4178actually knew more than she thought--she just needed someone to walk4179beside her, build her confidence, and remind her to stay positive. Now,4180she approaches her assignments with a new sense of determination and4181belief in herself.4182    Another haumana in our program, faced challenges in memorizing the4183first two lines of his ho`olauna (personal introduction). He has an IEP4184and finds the memorization especially difficult. But through weeks of4185patient repetition, slow pronunciation, and our support, he was able to4186fully learn and recite his ho`olauna without any prompting. That moment4187of accomplishment was more than just learning lines--it was a powerful4188affirmation that with time, support, and cultural grounding, he could4189overcome obstacles and feel proud of his growth.4190    Another student was struggling academically and failing multiple4191courses last quarter--not due to lack of ability, but because he lacked4192motivation. Through Mahope, we provided dedicated time to go over4193missing assignments, positive encouragement, and one-on-one tutoring4194from our Education Specialist and peer mentors. He not only passed all4195of his classes last quarter but has entered the final quarter of the4196year with greater focus, motivation, and self-confidence.4197    These moments may seem small, but for our students and their4198families, they're transformative. In the 2023-2024 school year, MAF4199served close to 900 haumana and 89 percent of those haumana reported4200that they learned math and science through our cultural experiences and4201that they wanted more of these learning opportunities. With NHEP's4202continued support, Mahope can continue being that steady hand and4203reassuring voice our keiki need--to succeed not only academically, but4204as proud `Oiwi learners grounded in culture and community.4205    Since its inception, NHEP has provided essential funding to4206organizations like MAF, supporting the educational development and4207advancement of Native Hawaiian students. Without NHEP, communities4208across Hawai`i will lose access to no-cost early childhood education;4209high school students will lose mentorship opportunities; youth will4210lose pathways for pursuing careers in science, technology, engineering,4211and agriculture; public elementary schools will lose services that4212improve attendance and student outcomes; families will lose access to4213critical resources, including health screenings; and at-risk students4214will lose career readiness/workforce development programs. It is4215imperative that the NHEP and similar ED programs continue to provide4216necessary support for these important activities.4217    Thank you for the opportunity to provide testimony to the Committee4218hearing on Native American education. I look forward to working with4219the Committee on this important issue.4220                                 ______42214222    Prepared Statement of Ryan B. Mackey, Ph.D. Student, College of4223                Hawaiian Language, University of Hawai`i4224    Warm greetings, Chairwoman Murkowski, Vice Chairman Schatz, and4225distinguished Members of the Committee,4226    ''I am a Citizen of the Federally recognized Cherokee Nation, based4227in the Cherokee capital of Tahlequah, Oklahoma. My tribal government is4228and has always been committed to the Government-to-Government4229relationship with the United States via the Plenary Act of Congress and4230our time immemorial inheritance as an Indigenous nation with4231inalienable rights provided by the land of this continent. I am also a4232second-language Cherokee language speaker and have a Ph.D. Student in4233Ka Haka `Ula Ke`elikolani, the College of Hawaiian Language, in4234Hawaiian and Indigenous Language and Culture Revitalization at the4235University of Hawai`i at Hilo, HI. It is in this capacity, as a4236Cherokee Indian student furthering my education and a lifelong Cherokee4237community member, professional educator, and spiritual leader, that I4238stand in support of the continued vitality of the U.S. Department of4239Education. Through federally supported monies provided to my tribal4240government via the USDOE, I have been funded, in part, in my4241educational endeavors to strengthen the Cherokee Nation's (CN)4242Department of Cherokee Language with my coursework and experiences from4243my Graduate education.4244    Aside from the knowledge I have gained via federal funding and4245through federally supported educational institutions like the4246University of Hawaii, I have also gained professional and personal4247experience from working for the CN as an employee for the last two4248decades. Financial support for Indigenous languages like Cherokee and4249Hawaiian has had a profound impact on the educational, social, and4250emotional welfare of Indigenous language learners. Cherokee people are4251historically supported by federal money to ensure the educational4252opportunities of Cherokee people by treaty rights, and continued4253relationships between our governments ensure the overall welfare and4254advancement of our communities, families, and individuals. Further4255monies allocated to support culturally supportive initiatives and4256direct language support through grant-funded programming have allowed4257our educators to set a firm foundation to revitalize our language,4258culture, and overall well-being.4259    In my long-standing work to support Cherokee and other Indigenous4260languages and cultural identities, I have witnessed and personally4261benefitted from the exponentially beneficial results of supporting4262cultural identity through language and educational programs, which4263allow the personal growth of strength, academic skills, and emotional4264stability of our learners and teachers. Most certainly, any change in4265financial support to educational programming, educational funding, and4266educational institutions that would impact Indigenous language and4267culture revitalization would eviscerate the burgeoning growth and4268maintenance of our language and cultural identities and, with them, the4269social, intellectual, and emotional welfare of Indigenous people,4270explicitly the most fragile populations, youth, elders, and those4271struggling with poverty and substance abuse. Funding and educational4272programming are the lifeblood of supportive initiatives that have had4273the most significant impacts on our Indigenous populations. They also4274further ensure successful integration and movement into and through4275mainstream economies, educational institutions, and social systems by4276allowing Indigenous people to garner benefits from Indigenous languages4277and strong cultural identity, ensuring they engage in needed4278integration to work within and throughout all systems to support and4279engage all US citizens and global institutions without any loss of4280identity or rejection of international and national values necessary4281for all citizens.4282    With more than two decades of experience in Indigenous educational4283programming as a professional, alongside lifelong experiences with US4284educational systems, I respectfully encourage a deft and nuanced4285approach to decisionmaking regarding the impacts and values of US4286educational efforts for Indigenous people. The federal responsibility4287to maintain and ensure the protection of US educational systems that4288support Indigenous language, culture, and social institutions via4289education and grant monies is foundational to the welfare of our4290people. I request that mindful and ethical decisionmaking and decisive4291steps be made to engage the responsibilities to maintain and support4292educational efforts that help Indigenous people like me and the4293Cherokee people in our communities. I appreciate your consideration.4294                                 ______42954296 Prepared Statement of Shawna Allison Becenti, Head of School, Navajo4297                           Preparatory School4298    Thank you for the opportunity to provide written testimony4299regarding the Native education programs at the U.S. Department of4300Education (ED) and the federal government's trust and treaty4301obligations to Native education.4302Background Information4303    Navajo Preparatory School Inc. (Navajo Prep) is a Tribally4304Controlled School funded by the Bureau of Indian Education (BIE) as per4305the Tribally Controlled Schools Act, P.L. 100-297. Located in4306Farmington, New Mexico, Navajo Prep is an example of Indian self-4307determination based on the Indian Self-Determination and Education4308Assistance Act (ISDEAA), P.L. 93-638. Navajo Prep serves as a school of4309choice for students from across all 110 Chapters of the Navajo Nation,4310which is the largest Tribal Nation both in land mass and Tribal4311enrollment in the United States. In addition to serving students from4312across the Navajo Nation, students attend from across the United4313States, including Colorado, Idaho, Montana, and South Dakota, and4314represent different Tribal Nations. Sixty-five percent of Navajo Prep4315students live on campus in the school's residential facilities.4316    As an International Baccalaureate World School, Navajo Prep serves4317291 students in grades 9-12 and allows students to compete for a4318competitive international diploma. College education of our Navajo4319youth is an expectation for Navajo parents and our Navajo leaders. \1\4320Since 2020, Navajo Prep has sustained a high school graduation rate of432194 percent or higher. 100 percent of our 2024 graduates were accepted4322into four-year colleges or universities, and a remarkable 60 percent of4323our alumni from the Class of 2018 who pursued college graduated within4324six years, significantly surpassing both the national and state levels4325for American Indian students.4326---------------------------------------------------------------------------4327    \1\ Pedro Vallejo and Vincent Werito, Transforming Dine Education:4328Innovations in Pedagogy and Practice (University of Arizona Press,43292022); Wendy S. Greyeyes, Disentangling Our Sovereign Body: A History4330of Navajo Education (University of Arizona Press, 2022).4331---------------------------------------------------------------------------4332    One of Navajo Prep's priorities is to address the critical loss of4333Dine language and culture within the Navajo Nation. The Navajo Times4334estimates that only 51 percent of Navajo people spoke the Dine language4335in 2010. By 2040, it is estimated that less than 5 percent of Dine4336people will speak our language. \2\ In this way, Navajo Prep addresses4337a specific need of the Navajo Nation and of American Indian students.4338Navajo Prep roots our students in language and culture and supports the4339development of their identity and status as Indigenous peoples and4340global citizens.4341---------------------------------------------------------------------------4342    \2\ Denetclaw, P. (2017, November 16). Data shows huge reduction in4343Dine Speakers. Navajo Times. https://navajotimes.com/reznews/data-4344shows-huge-reduction-in-dine-speakers/4345---------------------------------------------------------------------------4346    Despite its impact and success, Navajo Prep faces inadequate4347funding as Tribally Controlled Schools receive no designated funding4348for technology infrastructure, equipment, or management. Tribally4349controlled schools cannot draw on the local tax base, cannot issue4350bonds, and primarily rely on funding allocations from the federal4351government. Navajo Preparatory School Inc. recommends full, mandatory4352funding for BIE-funded schools. Reclassifying BIE funding from4353discretionary to mandatory will expand educational freedom and4354opportunity for American Indian students, protect BIE-funded schools4355and uphold the government's trust and treaty responsibility to American4356Indian education.4357Executive Order 14242 and Navajo Preparatory School4358    Executive Order 14242 states, ``the Secretary of Education shall,4359to the maximum extent appropriate and permitted by law, take all4360necessary steps to facilitate the closure of the Department of4361Education and return authority over education to the States and local4362communities while ensuring the effective and uninterrupted delivery of4363services, programs, and benefits on which Americans rely.''4364    There is a unique and significant relationship between the U.S.4365federal government and Native-serving schools outlined by the trust and4366treaty responsibilities. This means that Native-serving schools,4367similarly to Department of Defense Education Activity (DODEA) schools,4368require ongoing federal programming. NIEA Executive Director Jason4369Dropik explains, ``Congress has already established a school choice4370system for Tribal communities through Tribally Controlled Schools4371within the BIE, as a product of meaningful Self-Determination policy.4372However, chronic underfunding has prevented its full realization.'' \3\4373---------------------------------------------------------------------------4374    \3\ Dropik, J. (2025, January 30). RE: Executive Order on Expanding4375Educational Freedom and Opportunity for Families. NIEA. https://4376static1.squarespace.com/static/5cffbf319973d7000185377f/t/437767a39a5478f2820d85632822/1738775124793/School+Choice+EO+Letter-4378FINAL.pdf4379---------------------------------------------------------------------------4380    Navajo Prep recommends that the federal government retain its role4381in supporting and administering programs for Native-serving schools,4382including those funded through the Bureau of Indian Education. This is4383important as they provide an established mechanism by which Tribally4384Controlled Schools can be created by Tribal Nations. Most states do not4385allow Tribal Nations or Tribal Education Agencies (TEAs) to charter4386schools, and some--such as South Dakota--prohibit public charter4387schools altogether. \4\ Even where charter systems exist, they4388typically fall under state-level oversight, which would significantly4389erode Tribal sovereignty over curriculum, governance, and cultural4390instruction.4391---------------------------------------------------------------------------4392    \4\ National Indian Education Association (n.d.). NIEA Talking4393Points BIE School Choice4394---------------------------------------------------------------------------4395    Navajo Preparatory School Inc. recommends that Congress not4396implement any mechanism that could deplete existing BIE or Tribally4397Controlled School funding. Shifting funding from a federal mechanism to4398a state mechanism could risk undermining the government-to-government4399relationship maintained through Tribal sovereignty. Such a change could4400result in the interruption of school services through school closures,4401ultimately leaving communities with fewer educational choices.4402    At Navajo Preparatory School, we rely on core programs and funding4403administered by the U.S. Department of Education; these include Title4404I, Title VI, Johnson O'Malley, and discretionary grants that are4405awarded competitively through the U.S. Department's Office of Indian4406Education. Many of these programs require the involvement of an Indian4407parent committee, which ensures that Native families have a direct4408voice in how funds are used to support their children. Federal4409investment in these programs allows schools like Navajo Prep to provide4410an excellent and rigorous education that meets the needs of Native4411children and their Tribal Nations.4412    We recommend that Congress reaffirm the trust responsibility of the4413federal government in education through mandatory funding mechanisms4414for BIE and Tribal schools. We look forward to working with you to4415ensure that Native students continue to have access to the4416opportunities and services that are critical for their success. Thank4417you for your time and your commitment to fulfilling the federal4418government's trust and treaty obligations.4419                                 ______44204421Prepared Statement of Dr. Kauanoe Kamana, Director, Nawahiokalani`opu`u4422                           Laboratory School4423    Aloha Honorable Committee Chairman Lisa Murkowski, Vice Chairman4424Brian Schatz and Committee Members of the Senate Committee on Indian4425Affairs,4426    My name is Kauanoe Kamana. I am presenting information on the4427school for which I serve as Director/Principal in response to the4428invitation by your Committee to present ``testimony for the record''4429regarding the school receiving funding and support from the United4430States Department of Education (USDOE) and which serve American Indian,4431Alaska Native and Native Hawaiian students.4432    I am the principal of preschool to grade 12 Nawahiokalani`opu`u4433School (Nawahi), a Native Hawaiian controlled demonstration school of4434the National Native American Language Resource Center (N-NALRC)4435established by legislation introduced in your Committee with bipartisan4436sponsorship and support. Nawahi is a P-12 school and is the largest and4437most developed Native American language medium school in the United4438States. It has played a major role in revitalizing the Native Hawaiian4439language . The Hawaiian language was long suppressed over six decades4440under federal control during the existence of the Territory of Hawai`i4441and then for nearly three more decades under the State of Hawai`i.4442Currently, a number of policies and regulations continue to create4443barriers to using the Native Hawaiian language within Hawai`i State4444Department of Education (HIDOE) schools. Even with the status of being4445an official language of the State of Hawai`i, the Hawaiian language is4446not yet on equal footing with English within the HIDOE.4447    In my role as a co-founder of the non-profit `Aha Punana Leo and4448Nawahi school, and as volunteer on the non-profit `Aha Punana Leo4449board, I have been involved with the establishment of contemporary4450Hawaiian medium and immersion education since its beginning. Over the4451past forty years our Native Hawaiian people have overcome numerous4452barriers in moving this form of education forward. However, we have not4453done so without help from others. We at Nawahi, very much remember and4454sincerely appreciate the interest, attention and support of Committee4455members including personal visits, staff visits, and the welcoming of4456delegations we have sent to Washington. This invitation to testify is4457yet another indication of your attention to our needs. Mahalo nui loa.4458    Please consider the following points relative to the importance of4459the federal Native Hawaiian serving programs supportive of Nawahi4460School within the USDOE.44614462        1.  The program at Nawahi is the result of a long history of4463        initiatives by the Native Hawaiian controlled non-profit `Aha4464        Punana Leo. Without the `Aha Punana Leo receiving various4465        grants from the USDOE since 1988, Nawahi would not exist.44664467           Furthermore, subsequent grants from the USDOE to the Nawahi4468        charter board have proven to be a core factor in the4469        development of Nawahi as a strong P-12 program. A continuation4470        of such grants is crucial for the further growth and expansion4471        of Nawahi in serving more students of diverse backgrounds, the4472        vast majority of whom are Native Hawaiian.44734474        2.  Hawaiian language medium P-12 Nawahi School has had an4475        average annual high school graduation rate of just under 1004476        percent for the past twenty-five years and an average college4477        going rate of over 70 percent. These rates are well above the4478        state public school average not only for Native Hawaiians, but4479        for the general public school enrollment.44804481        3.  Besides the University of Hawai`i system, Nawahi has had4482        students graduate from a number of prominent universities4483        outside our state including Northern Arizona, Stanford,4484        Colorado State University, Washington State University,4485        Dartmouth, Loyola Marymount and Oxford among others.44864487        4.  Nawahi graduates contribute to Hawai`i in such positions as4488        nurse, mechanical engineer, police officer, university4489        professor, general building contractor, school teacher,4490        optometrist's assistant, medical doctor, electrician,4491        secretary, notary public, clothing business owner, mayoral4492        staff member, aerospace engineer, urban and regional planner,4493        roofer, chef and professional musician among others.44944495        5.  Nawahi is an important resource for Alaska Native and4496        American Indian communities. It is a useful model for those4497        seeking to establish educational programs aligned with federal4498        policy on the Indigenous languages of the United States as4499        expressed in the Native American Languages Act of 1990 (NALA);45004501        6.  The success of Nawahi and its strong outcomes play a role4502        in demonstrating to the HIDOE and private schools best practice4503        for educating the large Native Hawaiian population of our4504        state. As shown in a 2017 study in which Nawahi participated as4505        the ``Hawaiian-medium charter school'', Nawahi was designated4506        as the strongest model for Native Hawaiian students among the4507        six models studied. (See: https://www.ksbe.edu/assets/pdfs/4508        Mohala_i_ka_wai_Cultural_Advantage.pdf)45094510        7.  The HIDOE has been pressured through lawsuits, parental4511        demonstrations and other community initiatives to provide4512        education through the Native Hawaiian language. Despite such4513        pressure, education through the Native Hawaiian language is4514        still treated as a lower priority within the HIDOE.4515        Furthermore, in standard public schools, Hawaiian language4516        programs are typically under the control of principals who have4517        no background in the Hawaiian language. They are therefore4518        challenged to serve in the best interest of the programs and4519        their students.45204521        8.  Through NALA, the federal government has established a4522        policy ``. . .to preserve, protect, and promote the rights and4523        freedom of Native Americans to use, practice, and develop4524        Native American languages. . .'' and ``. . .to encourage and4525        support the use of Native American languages as a medium of4526        instruction.'' These policies are implemented at Nawahi School.45274528        9.  In carrying out its unique trust responsibility for Native4529        Hawaiians, the federal government can best assure that it meets4530        federal policy as expressed in NALA through direct funding4531        support to Native Hawaiian language operated4532        educationalentities. Nawahi is one such entity operated as part4533        of a consortium of other entities. As principal I report to4534        Native Hawaiian controlled entities including a Charter School4535        Board, the Governing Board of the non-profit `Aha Punana Leo,4536        and the Faculty Senate and Directorship of Ka Haka `Ula O4537        Ke`elikolani College of Hawaiian Language. Direct federal4538        funding from the USDOE reaches Nawahi through grants to these4539        three Native Hawaiian-controlled entities. Funding from the4540        state through the HIDOE to the charter sector of Nawahi is less4541        than HIDOE funding to its mainstream public schools. HIDOE4542        funding to the high school sector of Nawahi under Hilo High4543        School is considerably less per pupil than for students in Hilo4544        High Schools majority English medium program.45454546    The origins of Nawahi began with the establishment of the non-4547profit `Aha Punana Leo in 1983. This was followed by establishment of4548the pioneering Punana Leo O Hilo language nest in Hilo in 1995. That4549language nest operated under the uncertainties of state provisions for4550private language schools that excluded the Indigenous Native Hawaiian4551language. We were thus operating under the possibility of being closed4552down. We therefore began lobbying the state legislature to provide4553legislation legitimizing our Native run preschool's existence. At the4554same time, we also lobbied the state legislature to eliminate a 18964555law closing all public and private K-12 schooling through the Hawaiian4556language. That law was aligned with then extant policies of the United4557States government forbidding educational use of American Indian and4558Alaska Native languages.4559    In 1986, we finally were able to get two state laws passed that4560legalized our `Aha Punana Leo's Native run private language nest4561preschool and also use of the Hawaiian language in state K-12 public4562schools. However, following passage of the law, the HIDOE did not open4563a public kindergarten using the Hawaiian language in accordance with4564the new law.4565    Surprised by the lack of implementation of the law, but not4566deterred, the `Aha Punana Leo opened a Hawaiian medium program in a4567side room at our private Punana Leo O Hilo language nest. We named that4568program Papa Kaiapuni Hawai`i (``Hawaiian Environment Class) and4569declared it a ``free public kindergarten'' in compliance with the new4570law. The following year 1987, with assistance from a number of state4571legislators, who like yourselves stood up for Native students, we were4572able to move our children into a combined K-1 public school classroom4573conducted through Hawaiian under the HIDOE. The other kindergarten and4574first students at the school were in separate kindergarten and first4575grade classrooms instructed through English. The site of the program4576was Keaukaha Elementary School located on the Keaukaha Hawaiian4577Homelands. Punana Leo parents had fought very hard for this opening4578into the public school system. They provided the support needed to make4579it a success, including classroom renovation, handmade curriculum4580materials, volunteer teacher aide support, and transportation support.4581    Once under the HIDOE, the survival and grade level expansion of4582that follow-up program from the Punana Leo O Hilo relied on annual4583lobbying of the state Board of Education by the `Aha Punana Leo and4584parents of children in the program. The HIDOE did not provide any4585resources other than paying a teacher's salary for each class added.4586Support for developing curriculum materials, training teachers, and4587opening new sites came from USDOE. Initially funds for those efforts4588were awarded to the Native run non-profit `Aha Punana Leo in4589competitive grants. The `Aha Punana Leo used those grants to support ,4590not only the program at Keaukaha Elementary, but also to support4591additional programs that were developing as Punana Leo language nests4592expanded to new communities and the parents lobbied the state to open4593new Hawaiian medium streams in local public schools.4594    Our movement later expanded to also include charter school powers4595and a Native controlled State Hawaiian language college, Ka Haka `Ula O4596Ke`elikolani (KH`UOK), those additional entities worked cooperatively4597in seeking funding from the USDOE as well as their membership4598communities simply donating time and expertise to provide support. It4599has been through such cooperative work in obtaining USDOE funds that4600the majority of Hawaiian language medium curriculum materials in state4601schools have been produced and disseminated.4602    It is crucial that your Committee convey to the present4603administration that without the attention to the trust responsibility4604for Native Hawaiians as enacted through initiatives of Congress, the4605successes of Native Hawaiian families choosing to enroll their children4606in our school would not have happened.4607    In recalling the history of our Nawahi school, cooperation between4608the non-profit `Aha Punana Leo and parents was again a key factor in4609growing the program into upper grades. Once Punana Leo children had4610entered Keaukaha Elementary and began moving through the elementary4611grades, parents sought to have a Hawaiian medium intermediate school4612site. In 1994, the `Aha Punana Leo rented the third floor of a vacant4613building in Hilo town for 6th, 7th, and 8th grade students for a4614Hawaiian medium intermediate and high school program for Hawaiian4615immersion students from Keaukaha Elementary. That program was named by4616the school community after Iosepa Nawahiokalani`opu`u, a Native4617Hawaiian community advocate and newspaper publisher of the late 1800s.4618Students in the Nawahi program were nominally enrolled in the HIDOE's4619Hilo Intermediate School, but taught through Hawaiian by myself and a4620team of parents and Hawaiian language learner college students in that4621off-campus school site.4622    The parents of the 36 students enrolled in Nawahi were determined4623that their children would have a highly distinctive high school4624education through Hawaiian. Once again, supportive politicians--then4625elected to the state Office of Hawaiian Affairs--came to the group's4626rescue with a grant to the non-profit `Aha Punana Leo to purchase a4627small vacated private school campus. The HIDOE provided no funding for4628this. Once the `Aha Punana Leo and parents renovated the buildings and4629classrooms of that campus, we moved the Nawahi intermediate program to4630this property as an off-campus site of Hilo Intermediate School and4631later as an off-campus site of Hilo High School. The Nawahi high school4632program continues as an off-campus program of Hilo High School today.4633Hilo High School pays for some of the high school teachers and some of4634the high school support staff. In 2001, the Nawahi K-6 charter school4635was established and subsequently grew to include grades 7-8.4636    The charter program currently helps support the entire K-12 program4637with USDOE grant funds. Through careful attention to the use of charter4638per pupil funding, and special funds we`ve gradually added classrooms4639to serve our growing enrollment. The Punana Leo O Hilo language nest4640was also moved to the campus and provides infant-toddler education as4641well as a public private-prekindergarten program with the charter.4642    In 1997, state legislators passed a bill that established Nawahi as4643the laboratory school of the new Hawaiian language college, KH`UOK.4644Along with graduate and undergraduate education through Hawaiian, the4645College was given the responsibility of training Hawaiian-speaking4646teachers for the state. The law establishing KH`UOK named Nawahi as the4647laboratory school of the state and as the training site for the KH`UOK4648Hawaiian language medium/immersion teacher certification program. The4649state put an initial freeze on funding for the College and required it4650to work with the `Aha Punana Leo and the federal government for4651funding. KH`UOK, like Nawahi and the `Aha Punana Leo, and unlike4652standard state entities, are Native Hawaiian controlled and4653administered and operated through the Hawaiian language. Using federal4654grants to Nawahi, the consortium of KH`UOK and Nawahi were able to4655establish the first dual college/high school general education credit4656courses (e.g., World History, Statistics) taught through the medium of4657the Hawaiian language, and likely the first such courses taught through4658a Native American language.4659    Most recently, Congress passed an act, sponsored in your Committee,4660that established the National Native American Languages Resource Center4661(N-NALRC). The USDOE implemented that Act by establishing the first N-4662NALRC as a partnership of three universities, each of which had a4663particular strength relative to one of the three Native peoples of the4664United States. The USDOE awarded leadership of this partnership to4665KH`UOK, with the other two partners being the University of Alaska-4666Southeast and Lac Courte Oreilles Tribal University of Wisconsin.4667    Specified within the N-NALRC are P-12 demonstration education4668programs affiliated with the three universities. Nawahi is the largest4669such N-NALRC demonstration site and the only one with a full preschool4670to grade twelve range at present. The work of our school and the other4671P-12 education demonstration schools is to provide support to all4672Native American peoples who seek to develop education of choice through4673Native American languages. Through the N-NALRC, we at Nawahi and KH`UOK4674are able to share how we developed our programs including high school4675programs and dual credit programs through a Native American language.4676    Nawahi's enrollment this school year 2024-2025 totaled 615 students4677at three campuses on two islands. Our largest campus is the site owned4678by the non-profit `Aha Punana Leo described above. It is located in4679Kea`au, Puna on the rural Big Island of Hawai`i and has an enrollment4680of 536 preschool to grade 12 students. Ours is the largest single4681campus taught primarily through a federally defined Native American4682language in the country. Our two satellite campuses are the result of4683Native Hawaiian parents requesting our Native Hawaiian Charter School4684board for assistance in establishing a Hawaiian language medium option4685in their communities and are operated on property rented by the `Aha4686Punana Leo.4687    Nawahi has been a direct and indirect recipient of discretionary4688funds from the USDOE under a variety of programs including most4689recently a subgrant from the N-NALRC and grants under Title VI, in4690particular Native Hawaiian Education Act funds. Due to our student body4691and their linguistic background we operate under provisions of Title4692III of the Elementary and Secondary Education Act relating to Native4693Americans and Native American languages. Title III includes distinctive4694NALA provisions and protections not found, to my knowledge in any other4695legislation.4696    Our school is a school of choice. Parents enroll their children in4697the program because of its focus on the use of the Native Hawaiian4698language as the primary medium of education, its focus on total family4699involvement, its high standards in English and academics. They also4700support our teaching all students Japanese and Latin in recognition of4701our community's genealogical connections and mid-Pacific location4702between the East and the West. Parents enroll children primarily at the4703preschool level and kindergarten.4704    Our school has no racial, ethnic or gender preferences. Although4705the vast majority of the student body and teaching staff are Native4706Hawaiian, we have had students, faculty, staff and parents of diverse4707backgrounds, including Anglo-American, Asian, Alaska Native, and non-4708Native Hawaiian multiracial ancestry.4709    In closing, Senators, I want to thank you for providing Nawahi an4710opportunity to testify regarding the importance of the American Indian,4711Alaska Native and Native Hawaiian programs established by Congress4712under the United States Department of Education to meet trust4713responsibilities for our peoples. I have read the testimonies of those4714invited to present in person to your Committee and want to express my4715support for them in addition to my testimony provided here. The work of4716your Committee is very much appreciated here in our community, and we4717are anxious to provide support to your important work when called upon4718to do so.4719                                 ______47204721        Prepared Statement of the National Education Association4722Introduction \1\4723---------------------------------------------------------------------------4724    \1\ Please note: Throughout this testimony the term ``Native4725students'' refers to American Indian, Alaska Native, and Native4726Hawaiian students.4727---------------------------------------------------------------------------4728    On behalf of the 3 million members of the National Education4729Association (NEA) and the 50 million students they educate and support4730enrolled in public schools and public colleges and universities across4731the nation, we are proud to submit this testimony for the record in4732conjunction with the Senate Committee on Indian Affairs' April 2, 20254733hearing: ``Native American Education--Examining Federal Programs at the4734U.S. Department of Education.''4735    More than 90 percent of America's students attend public schools;4736and notably 93 percent of Native students attend public schools. This4737includes students in urban and suburban communities, and in rural4738areas--where schools are often the hub of communities, as well as the4739largest local employers. Approximately 44 percent of Native students4740attend public schools in rural areas. Because public schools are where4741the overwhelming majority of America's students learn, it is imperative4742that we ensure these schools have the resources to inspire students'4743natural curiosity, imagination, and desire to explore new ideas, and4744prepare them for the future.4745    The federal Indian trust responsibility is a cornerstone of U.S.4746Indian law. It establishes a legally enforceable duty for the United4747States to protect the treaty rights, lands, resources, and self-4748governance of federally recognized Tribal Nations. Rooted in the4749Constitution and affirmed by the U.S. Supreme Court, this4750responsibility stems from the historic government-to-government4751relationship between Tribes and the United States.4752    These treaties also form the basis of the federal trust4753responsibility, including commitments to provide health care,4754education, housing, and economic support. Because the Constitution4755grants the legislative branch plenary authority over Indian Affairs,4756the federal government holds primary and exclusive power in this4757domain. Federally recognized Tribes operate independently of state4758control and engage in government-to-government relationships primarily4759with the federal government, although they may also establish such4760relationships with state governments as sovereign entities. Likewise,4761the trust responsibility for Native Hawaiian education, as outlined in476220 U.S.C.  7511 et seq., further underscores the federal commitment to4763supporting Native education.4764    These treaties remain in effect today and were never meant to4765expire. Honoring them is not optional; it is a constitutional and moral4766obligation. Tribal sovereignty endures, and the federal government must4767uphold its commitments to support and respect the self-determination of4768Tribal nations.4769Importance of the U.S. Department of Education4770    While state and local governments are responsible for much of4771America's education system, Congress created the U.S. Department of4772Education (ED) to bridge longstanding gaps that exist in educational4773opportunity--particularly for our nation's most vulnerable students--4774and to provide funding and support to all. Students across the country4775benefit from programs created and administered by the department, which4776fulfills its responsibilities by enforcing civil rights laws,4777supporting students with disabilities, promoting equal educational4778opportunities, bolstering the educator workforce, and administering the4779Federal Student Aid programs that place college within reach of working4780families.4781    The stability of ED is crucial in fulfilling the federal4782government's trust and treaty obligations to Tribal Nations and their4783students, 93 percent of whom, as noted above, attend public schools.4784Despite its enormous responsibilities, President Trump in March signed4785an Executive Order instructing Education Secretary Linda McMahon to4786pursue ``all necessary steps to facilitate the closure of the4787Department of Education and return education authority to the States.''4788Yet, ED was created precisely because some states and school districts4789were either unwilling or unable to meet their statutory4790responsibilities for educating and supporting all students, regardless4791of location, race, ethnicity, socioeconomic status, or other factors.4792Additionally, as has already been said, absent unique circumstances to4793the contrary, states generally lack any authority and/or jurisdiction4794over Tribes because Tribes engage primarily with the federal4795government.4796    Native-specific programs like Title VI and Impact Aid are central4797to how ED fulfills its federal trust obligations. The restructuring4798efforts risk shifting Native education under state jurisdiction,4799weakening self-governance, and infringing on the government-to-4800government relationship between Tribes and the United States.4801Impact of the Reduction in Force and Potential Restructuring of the4802        Department of Education4803    Often various federal program funding streams are integrated and4804scaffolded for public schools, but in particular for those schools4805serving Tribal students including in rural areas. Should ED be4806dismantled and certain programs be moved to other federal agencies, the4807coordination that needs to occur between multiple federal agencies4808would be unsustainable in our nation' schools, especially for the4809understaffed and under-resourced schools serving our most vulnerable4810students and their communities. In addition, it is unclear if the4811agencies in which these programs would be placed would have the4812knowledge, experience, and expertise necessary to properly implement4813the programs and ensure that federal funds are provided and utilized as4814Congress intended.4815    Furthermore, the impact of the loss of staffing for the programs4816that support Native education would be detrimental to the4817implementation of the following programs that support the education of4818Native youth across the nation (Congressional Research Service Report4819Indian Elementary-Secondary Education: Programs, Background, and4820Issues):48214822   ESEA Title I-A Grants to Local Education Agencies4823   ESEA Title I-B State Assessment Grants4824   ESEAT Title II-1 Supporting Effective Instruction Grants4825   ESEA Title III-A English Language Acquisition4826   ESEA Title IV-B 21st Century Learning Centers4827   ESEA Title VI-A Indian Education Programs4828   ESEA Title VI-C Alaska Native Education Equity4829   ESEA Title VII Impact Aid4830   IDEA Part B Special Education Grants to States4831   IDEA Part C Early Intervention for Infants and Toddlers4832   MVHAA Education for Homeless Children and Youths4833   Perkins Native American Career and Technical Education4834        Program48354836    (To be clear, this is not a comprehensive list, but a sampling.4837There are several other federal programs that serve the educational and4838other needs of Native students.)4839    Firing Office of Indian Education (OIE) staff or moving the office4840to the Bureau of Indian Education (BIE) (or any other agency) would be4841detrimental. The purpose of OIE is clearly stated and framed. From4842OIE's website: ``The U.S. Office of Indian Education (OIE) administers4843the Indian Education Program of ESEA, as amended by ESSA (Title VI,4844Part A), which establishes policies and provides financial and4845technical assistance for supporting LEAs, Indian Tribes and4846organizations, post-secondary institutions and other entities in4847meeting the special educational and cultural related academic needs of4848American Indians and Alaska Natives, 20 U.S.C. 3423c and 7401 et. seq.4849The OIE is headed by a Director who reports to the Assistant Secretary4850and who advises the Assistant Secretary on matters related to the4851programs administered by OIE.''4852    The fallout would be similarly harmful if Office of Native Hawaiian4853Education (ONHE) staff are fired or if the office is shifted to the4854Bureau of Indian Education or another agency. Like OIE, the purpose of4855this office is clearly stated and framed. From the ONHE website: ``The4856purpose of the Native Hawaiian Education program is to develop4857innovative education programs to assist Native Hawaiians and to4858supplement and expand programs and authorities in the area of4859education. Authorized activities include, among others: early education4860and care programs; family-based education centers; beginning reading4861and literacy programs; activities to address the needs of gifted and4862talented Native Hawaiian students; special education programs;4863professional development for educators; and activities to enable Native4864Hawaiian students to enter and complete postsecondary education4865programs.''4866    Like OIE and ONHE, the Office of Alaska Native Education (OANE)4867serves a distinct purpose that would suffer if staff members are fired4868or if the office moves to the Bureau of Indian Education or elsewhere.4869The purpose of this office is clearly stated and framed. From OANE4870website: ``The overall purpose of the Alaska Native Education program4871is to meet the unique education needs of Alaska Natives and to support4872supplemental education programs to benefit Alaska Natives. Grantees4873under the program use their funds for such activities as the4874development of curricula and education programs that address the4875education needs of Alaska Native students, and the development and4876operation of student enrichment programs in science and mathematics.4877Eligible activities also include professional development for4878educators, activities carried out through Even Start programs and Head4879Start programs, family literacy services, and dropout prevention4880programs.''4881    All three offices are specifically focused on serving the4882educational needs of Native students, not only through supporting these4883students throughout the United States, but also through interacting and4884engaging with their Tribal Nations and communities. The focus here is4885on the education and educational support of our Native students, and4886the Department of Education serves as a central point of the federal4887government, a requirement of the United States commitment to treaties4888and other trust agreements with Tribal Nations.4889    Moving these offices to the Bureau of Indian Education would ignore4890the bureau's capacity issues: BIE does not have the staff to administer4891Department of Education programs or maintain the offices that the4892Department supports and staffs along with its current statutory4893requirements. Reports by the Government Accountability Office have4894noted that building staff capacity has been a challenge for BIE for4895over a decade. The BIE's insufficient staff capacity has limited its4896ability to monitor the federal spending and special education programs4897of and in other ways assist the schools already under its purview.4898Instead of adding additional programs and responsibilities to the4899bureau, there should be a focus on increasing its capacity to meet4900current obligations and perform the work associated with its mandate.4901Impact of Reductions in Funding and Staffing on Federal Programs4902        Serving Native Students4903    The federal government holds a trust responsibility to Tribal4904Nations, particularly in the provision and delivery of educational4905services. The various titles under the Elementary and Secondary4906Education Act (ESEA) work in tandem--scaffolding and reinforcing one4907another--to holistically support the academic success and well-being of4908Native students. Coordinating these programs across multiple federal4909agencies is untenable and would have negative impacts on Native4910students.4911    Title I of ESEA provides indispensable resources to low-income4912school districts, many of which are in rural areas and enroll Native4913students. Native students receiving support under IDEA are also at4914risk. According to the National Center for Educational Statistics,4915Native students represent roughly 2.6 percent of the total population4916in the United States, yet they represent the largest proportion of4917students served under IDEA of any racial group, at 19 percent.4918Together, Title I and IDEA form a layered, interdependent system of4919support--each title reinforcing the others--to fulfill the federal4920trust responsibility and promote the success and well-being of Native4921students across the country.4922    In addition, the Institute of Education Sciences (IES) datasets are4923essential to ED's ability to carry out its program responsibilities,4924including congressionally mandated grant allocation. IES's work is4925invaluable to education policymakers, administrators, educators,4926advocates, and researchers. It serves as a hub for data collection for4927education--including data collection mandated by law, serving all4928schools and many federal programs. The National Center for Education4929Statistics (NCES) within IES supports programs and assessments that4930support Native students or the public schools that serve these4931students, including but not limited to the following:49324933   Rural Education Achievement Program (REAP). From the REAP4934        website: ``Part B of Title V of the reauthorized Elementary and4935        Secondary Education Act (ESEA) authorizes the Rural Education4936        Achievement Program (REAP). REAP is designed to help rural4937        districts that may lack the personnel and resources to compete4938        effectively for Federal competitive grants and that often4939        receive grant allocations in amounts that are too small to be4940        effective in meeting their intended purposes. The formula grant4941        funds, and the fund use flexibility available under REAP enable4942        rural local educational agencies (LEAs) to participate more4943        fully and effectively in many of the ESEA programs and allow4944        them to provide better educational services to their students.4945        There are two formula grant programs authorized under REAP: the4946        Small, Rural School Achievement (SRSA) program and the Rural4947        and Low-Income School (RLIS) program.'' However, to determine4948        if a school is eligible to the REAP program, data from NCES--4949        specifically the Education, Demographic and Geographic4950        Estimates (EDGE) team.'' (At the time of this submission, it is4951        unclear if anyone from this team remains employed.)49524953   The National Indian Education Study (NIES). This study is4954        conducted under the direction of the NCES through the National4955        Assessment of Educational Progress (NAEP) on behalf of the4956        Office of Indian Education and is administered every four4957        years. NAEP is a congressionally authorized project of the4958        National Center for Education Statistics within the IES. From4959        the NIES website: ``The National Indian Education Study (NIES)4960        is designed to describe the condition of education for American4961        Indian and Alaska Native (AI/AN) students in the United States.4962        The study samples AI/AN students in public, private, Department4963        of Defense, and Bureau of Indian Education (BIE) funded4964        schools. NIES has two main components: NAEP cognitive questions4965        and survey questionnaires. Fourth- and eighth-grade students4966        complete the NAEP mathematics or reading assessment after which4967        they answer a survey questionnaire that gathers information4968        about how Native traditions, languages, and cultures are4969        integrated in their everyday lives. There is a survey given to4970        students in this study as well as for their teachers and school4971        administrators.'' The data from NIES, especially the survey4972        questions about Native traditions, languages, and cultures, is4973        extremely valuable to policy makers, Tribal leaders, educators,4974        parents, and students.49754976    Without these data sets and analyses, there is no way to know how4977public schools are serving any of our nation's students, let alone our4978Native students. Data and the context of the data drive supports and4979innovations to meet the educational needs of Native students. There is4980also a challenge should data collection and analysis be left to the4981states themselves that there would be no ability to accurately compare4982between states--much like comparing apples to oranges. Furthermore,4983many federal education grant programs depend on this data for4984eligibility and proper implementation.4985Impact on the Office of Civil Rights in the Department of Education4986    The Department of Education is, at heart, a civil rights agency. It4987is charged with ensuring that opportunities for learning and4988development are available to students ``across race and space.'' The4989department's Office of Civil Rights (OCR) is key to fulfilling this4990obligation, and it does so by enforcing federal civil rights laws in4991schools and investigating and helping resolve violations of these4992rights. The office's role is particularly essential for students with4993disabilities, who represent most of OCR's outstanding cases.4994    A letter from 242 state legislators to President Trump highlights4995the importance of OCR ``to provide technical assistance to families and4996educators, prevent discrimination, collect data to help us understand4997where educational opportunity continues to be unequal, and respond4998promptly and thoroughly to complaints of discrimination.''4999    Among OCR's most important functions is its collection of data from5000all public schools on leading civil rights indicators related to access5001and barriers to education, from early education through grade 12. This5002is one of the ways OCR has been able to call attention to inequities5003and track progress over time.5004    According to the National Indian Education Association, Native5005students are significantly more likely than any other racial group to5006report being afraid of attack or harm while at school at a rate is over5007twice that of any other racial or ethnic group and about three times5008the national average. In addition, Native students have some of the5009highest rates of suspension of any racial or ethnic group and in years5010past, nearly a quarter of Native students have reported being bullied.5011It is vital, with 93 percent of Native students in public schools, and5012with an over representation of Native students served under IDEA, that5013OCR remain strong and maintain the protections for Native students, and5014all students. This goal has become harder to achieve given the closure5015of seven OCR offices across the country.5016Impact of Vouchers on Native Students5017    Vouchers take scarce funding from students in public schools--the5018schools that the overwhelming majority of Native students attend--and5019give those resources to unaccountable private schools. These schools5020are not held to the same standards as public schools, as they are not5021required to adhere to laws protecting students from discrimination;5022furthermore, they are largely unavailable in Indian Country and many5023rural communities. All too often rural schools are already under-5024resourced, and the redirection of funds from students in these schools5025to students with the access and ability to attend private schools5026further exacerbates the challenges facing rural students, including5027Native students, their schools, and their communities.5028    No matter whether they are called vouchers, education savings5029accounts, tuition tax credits, or refundable tuition tax credits, all5030of these programs shift public funds into private schools that have5031almost complete autonomy regarding how they operate: who they teach,5032what they teach, how they teach, how (if at all) they measure student5033achievement, how they manage their finances, and what information they5034are required to disclose to parents and the public. Unlike public5035schools, private schools can and sometimes do limit their admission5036based on race, gender, sexual orientation, ability, religion and any5037other number of factors.5038    Moreover, the absence of public accountability for voucher funds5039has contributed to rampant fraud, waste, and abuse in current voucher5040programs. This lack of transparency often deprives students of the5041necessary support, resources, and knowledgeable, experienced educators5042they need.5043    It is worth noting that the Chair of the Committee on Indian5044Affairs, Senator Murkowski, stated in a public hearing: ``public5045funding for public schools.''5046    The Bureau of Indian Education entered into consultation with5047Tribal Nations about creating options for school choice within the BIE5048system. However, like our nation's public schools, moving funds out of5049the BIE system toward private options would not support those Native5050students in BIE schools. In fact, such a move violates Tribal5051sovereignty, weakens BIE-funded schools, introduces unnecessary5052complexity, and, due to a loss of funding, would decrease the quality5053of educational programming that schools are able to offer. The National5054Indian Education Association has highlighted some of these challenges,5055as choice options bypass Tribal governance by weakening oversight,5056self-determination, and accountability; create instability in the5057funding for BIE schools due to the loss of clarity on funding which5058ultimately impacts staffing and educational opportunities; and raise5059the possibility of closing BIE schools. The NIEA also shared,5060``Congress has already enacted a rigorous system of funding for Native5061education through Public Law 95-561 and Public Law 100-297. A lump-sum5062voucher system would blatantly violate multiple provisions of these5063statutes and undermine the framework of Tribal-driven Native education5064established by Congress.'' Additionally, 87 percent of BIE schools are5065in rural or reservation areas, making it unlikely that these students5066will have access or ability to attend a private school.5067Tribal Colleges and Universities5068    Tribal Colleges and Universities (TCUs) play a critical role in5069supporting Indigenous students, a historically underrepresented group5070in higher education. Native Americans represent less than 1 percent of5071college students, and only 16 percent earn bachelor's degrees or5072higher. TCUs help address this gap by offering accessible, culturally5073relevant education. TCUs are notably affordable, with annual tuition5074under $3,000, and many offer scholarships, reducing financial barriers5075and providing accessibility. As the American Indian Higher Education5076Consortium noted, 97 percent of TCU graduates finish their education5077without student debt. Additionally, many of these students are the5078first in their families to attend college and come from low-income5079backgrounds--with about 78 percent receiving Pell Grants, a rate far5080above the national average. This funding is crucial for TCU students,5081helping them complete their studies in fields that will directly5082benefit and strengthen Tribal communities.5083    TCUs also play a transformative role in their communities, serving5084as hubs of education, cultural preservation, and public service. TCUs5085provide a uniquely holistic, Indigenous-centered learning environment5086that extends beyond academics to include alternative credentialing like5087GED programs, financial literacy education, and cultural activities.5088They promote wellness through prevention programs and fitness5089initiatives while also bridging the digital divide in rural Tribal5090areas by offering public access to computers and the Internet. TCUs5091also serve as essential stewards of Tribal knowledge and histories.5092    Currently, TCUs operate more than 90 campuses and sites in 165093states. These institutions serve students from over 250 federally5094recognized Tribal Nations and embody a vital component of Tribal higher5095education. Indeed, over 80 percent of Indian Country is served by TCUs.5096All TCUs offer certificates and associate degrees; 22 offer bachelor's5097degrees; nine offer master's degrees; and one offers a doctoral degree.5098Programs range from liberal arts to technical and career programs.5099    Because TCUs are chartered by Tribal nations or the federal5100government, they depend heavily on federal funding to deliver quality5101education. Federal grants and programs account for over 75 percent of5102their annual operating budgets. Unlike most public colleges, TCUs5103rarely receive financial support from state governments, making federal5104investment critical to fulfilling their missions and upholding5105longstanding trust and treaty obligations.5106    The goal of Executive Order 14242 is to close the Department of5107Education and return education authority to states and local5108communities. TCUs were created and are firmly established in community5109and Tribal control. Their founding was a clear expression of5110sovereignty with a goal to preserve culture, sustain languages, and5111protect Native lands. Executive branch or congressional efforts to5112close ED and return authority to states and local communities could be5113disastrous for TCUs and their students.5114Key Department of Education Programs and Funding for TCUs5115    The Department of Education administers three programs that are5116vital to the success and support of TCUs, their students, faculty,5117staff, and the communities in which they exist and serve.51185119   Title III of the Higher Education Act: Strengthening5120        Institutions Program ESEA Title I-B State Assessment Grants.5121        The purpose of the Title III, Strengthening Institutions5122        program is ``to improve the academic quality, institutional5123        management, and fiscal stability of eligible institutions, to5124        increase their self-sufficiency and strengthen their capacity5125        to make a substantial contribution to the higher education5126        resources of the Nation.'' Imbedded within this program is a5127        formula-based set-aside for TCUs designed to address the5128        critical unmet needs of these institutions, their students and5129        their communities. Through this program, TCUs provide student5130        support services, Native language preservation, basic upkeep of5131        campus buildings and infrastructure, critical campus expansion,5132        enterprise management systems, faculty for core courses, and5133        other necessary elements for a quality educational experience.51345135   Carl D. Perkins Career and Technical Education Act Section5136        117: Tribal Post Secondary Career & Technical Institutions. The5137        Tribal Post Secondary Career and Technical Institution program5138        provides funding for institutional operations for two Tribally5139        chartered career and technical institutions authorized by5140        federal law: United Tribes Technical College (UTTC) in5141        Bismarck, North Dakota and Navajo Technical University (NTU) in5142        Crownpoint, New Mexico. For the members of Tribal Nations and5143        communities facing some of the highest unemployment rates in5144        the nation, these institutions provide vital workforce5145        development and job creation, education, and training programs,5146        ultimately transforming the lives of the families and5147        communities in which they live and work.51485149   Elementary and Secondary Education Act Title VI, Part A:5150        Indian Education Professional Development. The Indian Education5151        Professional Development Program provides grants to5152        Institutions of Higher Education, including TCUs, to prepare5153        and train American Indians and Alaska Natives to serve as5154        teachers and school administrators at elementary and secondary5155        schools. There is a serious and growing shortage of educators5156        across the country, especially in rural communities including5157        those rural communities with Native populations, where teacher5158        recruitment and retention pose unique challenges. This is5159        compounded by a shortage of Native educators regardless of5160        geographic location. Students seeing and learning from teachers5161        and school administrators who reflect their own identity and5162        background can create a more inclusive and supportive learning5163        environment for Native students, leading to improved academic5164        outcomes, increased self-esteem, and a greater sense of5165        belonging.5166Closing5167    The Department of Education plays a critical role for our nation's5168public schools and features prominently in ensuring that the5169established trust responsibility between the United States and Tribal5170Nations is enacted and well implemented. Native students benefit from5171many of the federal programs administered by ED, as well as from5172specific programs created for and geared toward their enrichment and5173development. In addition, the Department of Education offers civil5174rights protections and provides data that drives innovation and5175development in our nation's schools. Cutting staff, moving programs to5176other federal agencies, and failing to meet statutory requirements will5177not serve Native students, uphold trust responsibility, or support our5178nation's public schools. The National Education Association stands5179ready to work with the U.S. Senate Committee on Indian Affairs and5180other Congressional Committees to ensure our nation's public schools5181and their students, families, and communities thrive and our nation5182prospers.5183                                 ______51845185   Prepared Statement of Brent D. Gish, Executive Director, National5186                  Indian Impacted Schools Association5187    Chairwoman Murkowski, Vice-Chairman Schatz and distinguished5188Members of the Committee,5189    Thank you for the opportunity to provide written testimony. My name5190is Brent Gish, Executive Director of the National Indian Impacted5191Schools Association (NIISA). NIISA represents 523 federally impacted5192Indian land public school districts serving children from the Arctic5193Circle to the Desert Southwest, across the Midwest to the East Coast.5194Indian land districts serve over 114,000 children that reside on Indian5195treaty, federal trust or Alaska Land Claims Settlement Act lands. Every5196state represented on the Senate Committee on Indian Affairs (SCIA)5197receives substantial amounts of Impact Aid. In 2024 it is estimated5198that Basic Support and Children with Disabilities payments exceeded5199$650 Million. It is noteworthy that Impact Aid is not categorical;5200therefore, the revenue that is generated by students meeting5201eligibility criteria, goes into the district's general fund and5202benefits ALL students, nearly 1,000,000 in total. This is one example5203of efficient and effective utilization of federal program dollars!5204    Established by Congress in 1950 and administered by the Department5205of Education, Impact Aid provides federal funds for public school5206operation that would have otherwise been generated by local tax5207revenues but for the presence of federal property. In addition to5208serving children residing on federal property, the Impact Aid Program5209also provides funding for districts enrolling children whose parents5210serve in the armed forces reside either on or off military5211installations, HUD low rent housing and civilians that live or work on5212federal property. The Impact Aid Program is but one example of the5213United States government fulfilling its treaty responsibility to5214American Indian and Alaska Native people.5215    As you are no doubt very keenly aware, approximately 93 percent of5216American Indian and Alaskan Native elementary and secondary students5217attend public schools with the remaining 7 percent students attending5218Bureau of Indian Education/Bureau of Indian Affairs or privately funded5219schools.5220Do Not Dismantle the U.S. De partme nt of Education5221    The National Indian Impacted Schools Association (NIISA) joins our5222Nation's education community in opposition to the elimination of the5223U.S. Department of Education as proposed by the Department of5224Government Efficiency (DOGE), authorized by an Executive Order. It is5225understood that it would take Congressional approval requiring 60 votes5226in the Senate; however, to date, DOGE has dismantled many programs5227administered by the Department including the termination of thousands5228of staff and disrupting program functions and services to schools5229across the country. This is very concerning to school districts and5230should be concerning to all citizens of the Nation.5231    With respect to the proposed elimination of the DoE or its5232restructuring that is based on ``turning education back to state and5233local education agencies'' (LEA), the Impact Aid Program should be the5234model program. Impact Aid has very little bureaucracy--payments are5235driven by a formula adopted by Congress and paid directly to the school5236district where the duly elected school board and administrators adopt5237priorities and allocates the funds accordingly. Interrupting the day to5238day function of the IAP would negatively impact the entire Impact Aid5239community and the services districts provide to students. There is an5240old saying--``If it isn't broken, don't try to fix it!'' The Impact Aid5241Program is functioning very efficiently and effectively to the benefit5242of hundreds of thousands students. Let's work together to keep it that5243way.5244Need for Infrastructure Funding Long Overdue5245    Between 1950 and 1994, in excess of $1 billion was appropriated for5246the construction and renovation of school facilities impacted by5247federal presence--schools primarily serving students residing on Indian5248lands and military installations. But, as budget constraints set in and5249priorities changed, the funding level for Impact Aid construction (81-5250815) declined significantly. Then with the passage of the Improving5251America's Schools Act (ESEA) Impact Aid construction and basic support5252(81-815 & 81-874) were repealed and moved into ESEA Title VII; school5253facilities funding is now under Section 7007.5254    For the past 12 years, Section VII Impact Aid Construction has5255received an annual appropriation of under $20 million. The distribution5256of these grant awards alternates in two year cycles--competitive5257construction grants in one year and formula grants the next. Given the5258relatively small amount of the annual appropriation and the steadily5259increasing cost of school construction, the DoE has chosen to make5260grant awards to smaller projects many times addressing health and5261safety issues.5262    The vast majority of public schools in America rely on voter5263approved bonding to address school facility needs. Unfortunately,5264schools with federal presence have limited and in extreme situations,5265NO bonding capacity to build or renovate school buildings. Indian land5266district have very limited option to address large budget5267infrastructure needs.5268    The need for construction in impacted school districts is not5269limited to facilities occupied by students; teacher housing is an5270significant issue in districts located in remote areas and located long5271distances from towns and cities with affordable housing. In order to5272recruit and retain highly qualified teachers and administrators,5273isolated districts provide district owned family housing. In a recent5274survey of 80 districts that provide teacher housing, 80 percent5275reported the condition of teacher housing to be poor/fair. If Indian5276land districts are going to reach their ultimate goal of closing the5277achievement gap and higher graduation rates, recruiting and retaining5278highly qualified teachers is a key factor.5279    It is very important to remember that the impetus for Impact Aid5280funding is written in treaties with tribal nations: ``All debts5281contracted and Engagements entered into, before the adoption of this5282Constitution, shall be valid against the U.S. under this Constitution5283as under the Confederation. This Constitution, and the Laws of the5284United States which shall be made in Pursuance thereof: and all5285Treaties made, or shall be made, under the Authority of the United5286States, shall be the Supreme Law of the Land. . .'' Between 1775 and52871871, the United States signed no less than 370 Treaties with tribal5288nations that guaranteed benefits including eduation. We urge Congress5289to honor the terms and conditions of treaties.5290    To this point, members in both the House and Senate have introduced5291a bill that would begin to address the backlog of school construction5292and teacher housing needs in impacted school districts--the `Impact Aid5293Infrastructure Partnership Act'. The bill proposes to appropriate $2505294million per year in each of four years that would provide competitive5295grants and formula funding for school facilities construction,5296construction that would begin to provide the necessary resources for5297the aging infrastructure and new construction in Indian land school5298districts.5299Impact Aid Funding5300    The federal government has recognized the need to provide funding5301for the operation of school districts where is federal presence has5302resulted in lost taxing authority. Regretfully, since 1969, Impact Aid5303has not been fully funded forcing prorated payments to eligible5304districts. Legislation, ``Advancing Toward Impact Aid Full Funding5305Act,'' has been introduced to fully fund this vital program. If5306enacted, this bipartisan program would phase in full funding over a5307five year implementation period. In addition to Basic Support, federal5308properties, Children with Disabilities, and Construction would also see5309increases.5310    Congress's legal and moral obligations to tribal nations dates back5311to the signing of treaties which in almost all instances included5312education provisions. I believe we can all agree that Congress has not5313adhered to the terms and conditions of treaties. But what we can agree5314on is that Impact Aid is the ``life-blood'' Indian land school5315districts. Impact Aid funding comes to the school district as a non-5316categorical revenue where the locally elected school board and5317administration allocate the funds to meet the needs of their students.5318. .all students!5319    I urge the distinguished members of the Senate Committee on Indian5320Affairs and the full Senate to continue to support the Impact Aid5321Program and support bills to address school construction and full5322funding of the Program.5323    Thank you for the opportunity to provide testimony and for your5324unwavering commitment to the children of our Nation.5325                                 ______53265327 Prepared Statement of Lucyann Harjo, Coordinator of Indian Education,5328                         Norman Public Schools5329    Greetings,5330    My name is Lucyann Harjo, and I am a citizen of the Navajo Nation.5331I am the Coordinator of Indian Education for Norman Public Schools in5332Norman, Oklahoma. Norman Public Schools (NPS) is a suburb of the5333Oklahoma City Metropolitan and is home to the University of Oklahoma.5334Our school district is not located in any tribal jurisdiction. We have533526 schools, a 16,048-student population, and 2,400 students5336representing 78 tribal nations enrolled in the Title VI Program. I've5337been the Coordinator for 20 years.5338    ``Education is critical to your success in this world.'' As a child5339growing up on the Navajo Reservation, my parents shared this message to5340me over and over again, though not in those exact words. ``Go to5341school. Work hard. Do your best. Represent your people well. Education5342is important.'' Through their continued encouragement, help, and5343emphasis on going to school to make a better life for me and my family,5344I was able to make those dreams come true. I have been a recipient of5345federal programs; programs that were created to meet the educational5346needs of Indian students, such as the Title VI and Johnson-O'Malley5347Programs, through the federal trust relationship between the United5348States and our tribal nations. I graduated from the BIE-funded Haskell5349Indian Junior College. Haskell prepared me for the University of5350Oklahoma, where I graduated with a Bachelor of Science in Education5351degree through a teacher grant from the Office of Indian Education and5352the financial assistance from the Navajo Nation and the Bureau of5353Indian Affairs. I have been molded to serve my people, my community and5354to do the best I possibly can.5355Norman Public Schools Title VI Program5356    Parents, students, and teachers have two goals for the Title VI5357Program. One, provide academic support and college and career5358preparation to students. Through partnerships with the university5359faculty and staff, the community, and tribal education departments, we5360created the College Links Program. We begin preparing students for5361college beginning in second grade. In fourth grade, we continue to5362promote the importance of reading through a reading competition we call5363the Battle of the Books. We challenge them to read all the Sequoyah5364books throughout the school year, then we bring them together to5365compete against their peers at the end of the school year. In Middle5366School, we recognize our students for earning As and Bs and perfect5367attendance. In 7th grade, students visit the OU campus again, but the5368focus changes to preparing for college by earning As and Bs, getting to5369school on time, studying and taking higher-level courses. In high5370school, students visit college campuses, attend college and career5371fairs, are encouraged to take advantage of student opportunities, and5372receive academic support. Advanced Placement classes are encouraged.5373Classes at the Moore Norman Technology Center or the Oklahoma Aviation5374Academy are options we re-emphasize with students and parents.5375Parent Comments:5376    ``I am pleased to inform you that Talia was accepted into the5377College Horizons. I want to say thank you very much for all the5378information sessions held during the school year.''53795380    ``My daughters have participated in tutoring programs and the5381`Battle of the Books', as well as picking up materials at the beginning5382of the year. It is very nice to know that there is a Native American5383resource available if tutoring is needed. I also appreciate the5384coordination work that you do. My oldest daughter is now attending5385Colorado State University, largely thanks to a Native American5386scholarship. I appreciate all the support tremendously! Eddie''5387    Second, parents, students and teachers want their students to learn5388about their people, about their tribe's history, government, leaders,5389and cultural information. Cultural identity improves academic5390achievement. To help teachers with easy to access lesson plans and5391resources, staff assisted the Oklahoma State Department of Education in5392creating the Oklahoma Indian Education Resource website, working with5393tribes and educators to create a website of lesson plans and resources5394for Oklahoma's teachers. Staff continue to research, share lesson plans5395and teacher resources about Oklahoma's Tribes on the district's5396website. With the partnership of The Chickasaw Nation, the Cheyenne and5397Arapaho Tribes and The Muscogee Nation, traveling trunks were created5398that staff and teachers can check out to teach about those tribes.5399Teachers in the district request classroom presentations and cultural5400activities and staff assist with presenters. For example, teachers can5401request a stickball demonstration or Archery Tag, and we work with The5402Chickasaw Nation team in setting it up. Tribes and community5403organizations host professional development or field trips for schools5404and staff promote the program with all administrators and teachers. For5405example, teachers can apply for the Inchokkaalaali (I'm Visiting)5406Assistance Request Program from the Chickasaw Nation Foundation. The5407Foundation provides the teacher with a class field trip to the5408Chickasaw Cultural Center in Sulphur, Oklahoma, and receive free5409admission, lunch sacks, and transportation reimbursement.5410    Our NPS Indian Education website also provides students, parents,5411and district personnel with tribal and community resources to help5412families with counseling, tribal services such as the clothing program,5413ACT Prep classes and test vouchers. Through program newsletters, we5414promote and encourage students and families to take advantage of tribal5415services such as the ACT Prep virtual class offered by the Citizen5416Potawatomi Nation.5417    Building relationships with Tribal Nations and community resources5418is imperative. Since 2014, the Title VI grant requires school districts5419to host tribal consultation annually and to work with tribes as we5420serve students. Relationships like this led to the partnership with the5421Southern Plains Tribal Health Board and the Native Roots grant. This5422grant helped implement prevention and cultural programs with middle and5423high school students, infusing activities that promote wellness, and5424living a drug and alcohol free life.5425    We continue to experience the effects of federal policy, such as5426the Indian Boarding School era or the Indian Relocation Act in 1956,5427removing Native children and families from their tribal communities5428with the goal of assimilating Native people into mainstream America.5429Students and families in our schools today are the children and5430grandchildren of family members who experienced trauma from the Indian5431boarding schools era their family members attended. Chronic5432absenteeism, mental health, access to health care and counseling are5433top concerns we see in our schools and we do our best to help our5434district understand and address these issues.5435    I share this information to help you understand the impact and5436importance of the Title VI grant and other grant funds that serve5437Native students and families. We see the difference these funds make.54385439    Last parent comment about our Title VI Program.54405441    ``As a mother of 3 Tribally enrolled Native American children, I am5442extremely grateful for the services my children have received while5443attending Norman Public Schools. My oldest son received tutoring5444services for math and other subjects. The tutor worked with him5445consistently at school while I worked with him at home. Mr. Hinkle's5446tutoring services helped my son progress through school and graduate5447High School. Throughout the years my two older sons received school5448supplies which was helpful so that I could pay bills. I was a single5449mother with a master's degree holding a Director position in a5450nonprofit agency and still below income guidelines. The help was5451needed. My youngest son attended the OU college day when he was a 2nd5452grader which set a foundation and emphasis on career development and5453the possibilities of the future. The annual family dinners bring Native5454families together and opportunities to learn about the program and5455services available. All my children have played hand games outside of5456school and were excited to participate in the hand games put on by5457Indian Education. This was an opportunity to participate in culture5458activities at the school with other Native American students especially5459when they didn't feel comfortable sharing this with non-Native5460individuals. My daughter enjoys wearing ribbons skirts when we attend5461hand games, powwow or other culture events but is still not comfortable5462wearing them at a school recital. I'm glad to see that the cultural5463activities allow space for her to feel comfortable wearing a ribbon5464skirt if she wants to. My daughter has developed multiple friendships5465with other Native girls her age because of attending the family5466dinners. At my daughter's parent/teacher conference I found out my5467daughter excels at math but is behind in reading. She would benefit5468from tutoring along with me continuing to read to her at home. It5469helped my son, and I know it would help her if she doesn't progress in5470the upcoming months. Overall, my family have received support and5471resources over the years. My daughter is in 1st grade and now I have a5472grandchild who will be going to NPS in 1 1/2 years.'' Shannon5473    Norman Public Schools Indian Education Program in pictures.5474    Here's a video we created for tribal leaders visiting our district5475in January for Tribal Consultation.5476    https://www.youtube.com/watch?v=lwLIgAZbj285477    Thank you for listening to our story.5478                                 ______54795480  Prepared Statement of Hon. Buu Nygren, President, the Navajo Nation5481    Dear Chairwoman Murkowski and Vice Chairman Schatz:54825483    On behalf of the Navajo Nation (``Nation''), thank you for the5484opportunity to provide written testimony for the hearing entitled5485``Native American Education--Examining Federal Programs at the U.S.5486Department of Education.5487    The Nation is the largest American Indian tribe in the United5488States encompassing over 27,000 square miles and spanning across5489portions of three states--Arizona, New Mexico, and Utah. Currently, the5490Nation has over 400,000 enrolled members, half of whom reside on the5491Nation. In 1868, the United States entered a treaty with the Navajo5492Nation promising health care, education, agricultural assistance, and5493to improve the well-being of the Navajo people in perpetuity.5494    As such, the United States is legally and morally bound with a5495treaty responsibility to support the Nation in securing and improving5496the quality of life for our citizens. It is with these treaty5497obligations in mind that we provide written testimony to the committee5498and provide feedback to strengthen our nation-to-nation relationship.5499    Below you will find our response to several topics regarding the5500role the U.S. Department of Education (ED) has in providing quality5501education to our Navajo youth.5502    The Nation believes that high quality education is one of the most5503valuable services that should be provided to our Dine youth. Both our5504ancestors and the federal government recognized this and explicated5505stated in the Treaty of 1868 that education is a ``necessity.''5506    A quality education can enable future generations to positively5507contribute to the world while supporting personal and vocational5508development. We encourage our students to perform well in secondary5509school, complete higher or vocational education, and return home to5510contribute to their communities. For the Nation, an education grants5511our youth upward mobility and supports the development of our local5512economy.5513    The education system within the Nation encompasses a variety of5514school types, including private schools, Bureau of Indian Education5515(BIE)-operated schools, tribally controlled schools, and boarding5516schools. These options provide families with the opportunity to choose5517the educational environment that best meets their children needs.5518However, public schools educate more Native American students than any5519other school type. According to the National Indian Education5520Association, approximately 90 percent of Native American students5521nationwide attend public schools. Within the Navajo Nation, these5522institutions operate under state-mandated curricula and are distributed5523across 18 distinct school districts within the reservation.5524    Public schools on the Navajo Nation face challenges unlike anywhere5525else in the United States. Revenue sources are extremely limited due to5526the unique trust status of our land. Congress has recognized this5527reality and passed several laws that provide supplemental funding,5528which is largely administered by the ED. Our schools rely on this5529supplemental funding to maintain operations and support our students5530and faculty.5531    Title I funding is particularly important because it supports low-5532income students. The Nation suffers from a disproportionately high5533poverty rate with roughly 38 percent of our on-Nation population5534earning below the poverty line. Title I funding was initially5535established in 1965 and predates the ED by 14 years.5536    Another critical program administered by the ED that our schools5537rely on is Impact Aid. This is due to our school districts being5538located almost entirely on reservation land, which cannot collect5539property tax. San Juan County in New Mexico for example, is 63.45540percent reservation land. The Central Consolidated School District,5541based in Shiprock, only contains 2 percent of taxable property. Impact5542Aid assists our schools in providing basic services such as food5543programs, bus transportation, building maintenance, and teacher5544salaries. In its current form, Impact Aid has not been fully funded5545since 1969. Without this support, the Nation would face further5546disadvantages in providing a quality education for our students.5547    Additionally, the Navajo Nation is committed to supporting our two5548tribally controlled universities (TCU)-Dine College and Navajo5549Technical University. These institutions provide an affordable, quality5550higher education to our young adults. Our TCUs develop the Navajo5551economy and workforce and expand opportunities on the reservation for5552our people. It also catalyzes innovation and nurtures our future tribal5553leaders and advocates.5554    The ED administers Title III Part A of the Higher Education Act,5555which provides grants to improve quality of education, management and5556infrastructure at our TCUs. In fiscal year 2024, congress appropriated5557nearly $52 million to this program. Without this funding, TCUs will5558need another way to address educational and infrastructure needs. A55592021 survey by the American Indian Higher Education Consortium (AIHEC)5560revealed that infrastructure needs are sorely unmet; the report found5561TCUs have inadequate student and facility housing, outdated labs, and5562learning spaces. Despite these challenges, TCUs offer the most5563affordable education in the nation with an average annual tuition of5564$3,059.5565    It is critical that prior to any future changes at the ED that the5566continuation of these programs be carefully considered. Our students,5567parents, teachers, and administrators rely on them, and any delay in5568access to these funds would negatively impact our Navajo youth. I5569respectfully ask congress to exercise its oversight authority over the5570ED to ensure that programs they administer are not interrupted.5571Conclusion5572    In closing, the Navajo Nation looks forward to working with the5573Senate Committee on Indian Affairs. We hope the testimony is seriously5574considered to ensure our students are provided with the best quality5575education possible. We appreciate this opportunity and look forward to5576supporting strong collaboration between our congressional partners.5577Ahehee' (thank you).5578                                 ______55795580  Prepared Statement of Cecilia Firethunder, President, Oglala Lakota5581                       Nation Education Coalition5582    Chairwoman Murkowski, Vice Chairman Schatz, and Members of the5583Senate Committee on Indian Affairs, thank you for the opportunity to5584submit this written testimony for the record. I appreciate the5585Committee's leadership in holding this important hearing to examine5586federal education programs that serve Indian students and to confront5587the consequences of the President's proposed dismantling of the U.S.5588Department of Education (DOE).5589    My name is Cecilia Firethunder, and I am the President of the5590Oglala Lakota Nation Education Coalition (OLNEC) and member of the5591Board of Directors for the Oglala Lakota College (OLC). OLNEC5592represents the Oglala Sioux Tribe's six tribally controlled grant5593schools, thus expressing a unique voice within the Bureau of Indian5594Education (BIE) system of schools.5595    I write today to underscore the profound risks such a proposal5596poses to Indian Country and to urge Congress to act decisively to5597protect the federal government's treaty and trust responsibility by5598continuing to fund critical program necessary for the education of our5599children.5600The Federal Trust Responsibility5601    One of the pillars of the federal government's trust and treaty5602responsibility is to provide education to American Indian, Alaska5603Native, and Native Hawaiian students. These obligations are enshrined5604in the U.S. Constitution, treaties, statutes, and longstanding federal5605policy. They are not discretionary programs that can be discarded or5606devolved to the states at the whim of any administration. They are5607legal and moral promises that must be honored.5608The Risks of Eliminating or Reorganizing DOE Programs5609    The President's proposal to dismantle the Department of Education,5610and the executive actions already underway to restructure it, pose5611immediate and long-term threats to Indian education. Among the specific5612problems:56135614        1.  Violation of Treaty and Statutory Obligations: States are5615        not party to federal treaties with tribal nations and have no5616        legal duty to uphold the trust responsibility. Shifting5617        education programs that support Indian education to the states5618        would effectively abandon those commitments.56195620           The treaty and trust responsibility required education to be5621        provided for hundreds of tribes, including the 1868 Treaty of5622        Fort Laramie. These treaties are recognized as the ``supreme5623        law of the land'' under the U.S. Constitution (Article VI) and5624        the Supreme Court decision in Worcester v. Georgia (1832),5625        which reaffirmed that these obligations must be honored. This5626        country owes a great deal to tribal people who agreed to cede5627        billions of acres of land and trillions in valuable natural5628        resources through such treaties--including gold, coal, timber,5629        oil, natural gas, steel, and iron. The United States could not5630        have achieved the great heights of its success or provided5631        refuge for millions of immigrants seeking freedom of religion5632        and opportunity without these agreements. In exchange, one of5633        the core promises of these treaties and trust responsibilities5634        is the education of Indian children.56355636           Further, the lack of tribal consultation violates federal5637        law under 25 USC  2011, 25 USC  2501 (b), and Yankton Sioux5638        Tribe v. Kempthorne in the federal government requirement to5639        provide ``fair notice of agency intentions.''56405641           Many other federally funded programs for Indian children5642        also require federal consultation. Johnson- O'Malley requires5643        Indian Education Committee (IEC) involvement for educational5644        planning and approval. 25 U.S.C.   5344(c)(1)(B).5645        Specifically, ``The program shall be developed and approved in5646        full compliance with the educational plan developed under this5647        subsection and shall be approved by the Indian Education5648        Committee.''56495650           Title VI requires an Indian Parent Committee (IPC) and5651        documented consultation with parents and Tribes. 20 U.S.C.5652        7424(c). Specifically, the IPC must be involved in the5653        development, approval, and evaluation of the application and5654        program: ``The local educational agency shall develop the5655        program in open consultation with parents and families of5656        Indian children, representatives of Indian Tribes. . . and with5657        the Indian parent committee.''56585659           Applications for Title VI funding must include written5660        evidence of consultation. 20 U.S.C.   7424(c)(3): ``Such5661        application shall include a description of the manner in which5662        the local educational agency will ensure that Indian children5663        participate in the program on an equal basis with all other5664        children served by the local educational agency. And finally,5665        ``Each affected LEA shall consult with appropriate officials5666        from Indian tribes or tribal organizations prior to the LEA's5667        submission of a plan or application.'' 20 U.S.C.   7918 (ESSA5668        Section 8538).56695670           The consultation requirements are not menial; they are a5671        treaty and trust obligation, part of the United States policy,5672        and statutory requirements that must be fulfilled.56735674        2.  Loss of Culturally Relevant Education: Programs like Title5675        VI--Indian Education (formerly known as Title IV, Title V, and5676        Title VII), the Alaska Native Education Program (ANEP), and5677        Native Hawaiian Education grants fund language revitalization,5678        tribal history curriculum, and culture-based learning. These5679        efforts are rooted in the community and cannot be replicated5680        through generic state programming.56815682        3.  Disruption of Direct-to-Tribe Funding: DOE programs provide5683        direct support to tribes, tribal colleges, and local5684        educational agencies. Moving these funds through states would5685        undermine tribal sovereignty, introduce bureaucratic delays,5686        and increase the risk of misallocation.56875688        4.  Loss of Institutional Knowledge and Staffing: DOE currently5689        employs Indian-serving professionals who have longstanding5690        relationships with tribal communities. Recent administrative5691        actions have already led to the removal or reassignment of key5692        staff. Further restructuring could permanently and5693        detrimentally hurt this institution's expertise.56945695        5.  Threats to Tribal Colleges and Universities (TCUs): TCUs5696        rely on DOE-administered Title III funding, Pell Grants, and5697        other supports. Funding delays or redirection through states5698        could threaten accreditation and force program cuts, damaging5699        tribal self-determination and economic development.57005701        6.  Delayed and underfunding of critical assistance to the5702        Bureau of Indian Education funded schools: The Administration's5703        March 14, 2024, Reduction in Force (RIF) has already caused5704        severe delays of Congressionally appropriated funds meant to be5705        transferred from DOE to the BIE. The March RIFs included all5706        the Business Managers/Budget Analyst that transfer Title5707        funding to Bureau of Indian Education schools and Counties(non-5708        Indian Schools). Title funding is transferred in two5709        distributions, one at 30 percent in the Fall and 70 percent, in5710        early Spring. Currently, all BIE-funded schools in South5711        Dakota, New Mexico, and Arizona--as we have conferment--have5712        not received the 70 percent Spring distributions. In South5713        Dakota alone, this disruption is deeply alarming since more5714        than 5,000 Indian Students and 30 teachers rely on this5715        funding.57165717        7.  Absence of a Transition Plan: There has been no public or5718        tribal consultation regarding where these programs would go,5719        how they would be administered, or how continuity would be5720        preserved. The lack of transparency and planning not only5721        heightens the danger to continued education for Indian students5722        and tribal communities.57235724Recommendations to Preserve and Strengthen Native Education5725    Congress must act to protect Indian education from administrative5726overreach. I respectfully offer the following recommendations:57275728        1.  Codify Key Programs: Permanently authorize and fund Title5729        VI, Impact Aid, ANEP, Johnson O'Malley, and Title III programs5730        in federal statute to insulate them from executive action.57315732        2.  Mandate Tribal Consultation: Enforce and strengthen tribal5733        consultation requirements for any agency changes affecting5734        Indian education.57355736        3.  Protect Direct Funding Structures: Ensure that funding5737        continues to flow directly to tribes, tribal consortia, TCUs,5738        BIE-Funded Tribally Controlled Schools, and Indian-serving5739        schools without state intermediaries.57405741        4.  Establish a Statutory Office of Indian Education: Create5742        and fund a permanent office within the Department of Education5743        to protect Native-serving staff and preserve institutional5744        knowledge.57455746        5.  Support TCU Autonomy: Pass legislation such as the Haskell5747        Indian Nations University Improvement Act to strengthen the5748        governance and independence of tribal colleges.57495750        6.  Fully Fund Federal Commitments: Fully appropriate5751        authorized levels for Impact Aid, IDEA tribal set-asides, Title5752        I, and Title III. Ensure timely disbursement of funds.57535754Conclusion5755    The federal commitment to Indian education is not a program to be5756cut, but a treaty and trust responsibility to be kept. Congress must5757ensure that Indian students do not become collateral damage in a5758misguided effort to dismantle federal education infrastructure. Thank5759you for your attention to this critical matter and your continued5760support of Indian students, families, and educators across Indian5761Country.5762                                 ______57635764   Prepared Statement of Amanda Ishigo, Project Director, Tutu and Me5765    Thank you, Chairman Murkowski, Vice Chairman Schatz, and members of5766the Committee for the opportunity to provide testimony on behalf of5767Partners in Development Foundation (PIDF) in support of programs that5768support Native Hawaiian education.5769    Tutu and Me Traveling Preschool started in October 2001 with a5770grant from the USDOE Native Hawaiian Education Program. PIDF's founder5771read the sobering statistic that many children were entering5772kindergarten in Hawai`i not being able to count to 5 in any language5773and we knew that most of these children were from rural Native Hawaiian5774communities across the state with little to no access to early learning5775programs. PIDF borrowed the idea for a traveling preschool from5776Kamehameha Schools when they decided to shut down their program and we5777sought to serve the communities which most needed this support.5778    Tutu and Me serves birth to five year old children and their5779caregivers twice a week in communities across Hawai?i. The program is5780completely mobile and brings a high quality, early learning environment5781to community centers, schools and local churches. A team of early5782childhood educators unpack a van full of learning materials and set up578312 stimulating learning centers comprised of low-child sized tables,5784mats, painting easels, toddler climbers, manipulatives, freshly made5785playdough in the color of the month, journals, a reading library5786corner, and many other centers. The lead teacher welcomes families at5787Circle Time along with two teaching assistants and an assessment5788specialist. Families learn signature songs like ``Aloha Kakahiaka''5789(``Good Morning'') and ``Who has Come to School Today.'' They are5790introduced to stories and movement songs that promote overall5791development and social skills. The children learn to take turns, raise5792their hands, sit and listen, count to 10 in Hawaiian and English, and5793many other skills that set them up for success when they start5794kindergarten and beyond. Caregivers are provided parent education and5795learning resources to support their child's development at home.5796Traveling nurses visit monthly to educate caregivers and keiki on5797family health and safety topics.5798    Since 2001, Tutu and Me has served over 34,000 caregivers and has5799prepared more than 23,000 children for school and lifetime success in580024 underserved, rural communities on five islands as well as two5801virtual communities in the state. The addition of home visiting to six5802districts on Hawai`i Island has extended the program's reach to5803families facing barriers attending preschool.5804    Tutu and Me conducts developmental screenings and assessments to5805ensure that its program provides a high quality effective curriculum5806for all families served. For example, in the 2023-2024 school year,5807most (91 percent or 61 of 67) children matriculating to kindergarten5808were scored on the Hawai`i School Readiness Assessment (HSRA). At least580983 percent of the 24 Native Hawaiians and 79 percent of all five-year-5810olds combined, achieved the target score of ``4'' on each of the5811required items on the HSRA. These assessments are also highly valuable5812in educating caregivers on their child's development and determining5813any need for support services like early intervention or speech5814therapy.5815    Tutu and Me is based on two major rationales: Native Hawaiian5816children and their families learn best through culture-based education,5817and family engagement is critical to family well-being and the5818children's success in school and beyond. Tutu and Me nurtures community5819connections and cultural identity which has been recognized as a best5820practice; Na Honua Mauli Ola, Hawai`i Guidelines for Culturally Healthy5821and Responsive Learning Environments, the 2019 Guiding Principles and5822Program Standards from the `Eleu Native Hawaiian Early Childhood5823Consortium for Family and Child Interaction Learning (FCIL) Programs,5824PIDF cultural specialists, and shared cultural learning from kupuna5825(elders) have contributed to the foundation of the program's curriculum5826and delivery. Research indicates that creating an educational5827environment that is relevant to and reflective of student's cultural5828and ethnic identity will ``mitigate negative experiences, increasing5829self-confidence, self-esteem, and resiliency among both children and5830adults.''5831    In 2008, Tutu and Me launched a longitudinal study with Toni Porter5832of Early Care and Education Consulting to evaluate the project's long-5833term impact on program participants. The findings reported that Tutu5834and Me has the potential to enhance children's readiness for school and5835their later school achievement, including the fact that a family child5836interaction approach that focuses on engaging caregivers in supporting5837their children's development can produce positive results that are5838equivalent to those of formal center-based early childhood education5839programs. The important policy and program implications show that there5840needs to be continued support for high quality family child interaction5841learning programs like Tutu and Me which serve families who cannot5842afford traditional preschool and often rely on tutu (grandparents) to5843help care for their young children.5844    Your support is critically needed to ensure that the Native5845Hawaiian Education Program continues to provide irreplaceable support5846for programs such as Tutu and Me which uplift young children to reach5847their highest potential and inspire their families who are their first5848and foremost educators.58495850    Attachment Letter from a Tutu and Me Parent58515852    I am writing to express my wholehearted support for the Tutu and Me5853Traveling Preschool Program. This program has made a profound impact on5854not only my children but our entire family.5855    When we first joined Tutu and Me, my oldest son was quite active5856and would run around instead of participating in circle time. However,5857over time, he transitioned into one of the first to respond, eager to5858answer questions and participate. Although he hasn't moved on to5859kindergarten yet, he started part-time preschool this year. His5860transition has gone well, and his teacher has praised him for being a5861leader in the class--socially and academically. I truly believe that5862Tutu and Me played a major role in his development, providing him with5863a foundation that has helped him thrive.5864    I have also grown through my involvement in both the Tutu and Me5865Traveling Preschool and Parent Hui programs. As a new parent, I often5866felt overwhelmed by my lack of knowledge. Tutu and Me offered a much-5867needed structure, along with resources and support that have made all5868the difference in our family's journey. I now feel much more confident5869and equipped to raise my two (soon to be three) children.5870    The community that Tutu and Me has created has also been5871invaluable. My sons have learned to interact with others and develop5872social skills. Personally, I have formed connections with other5873caregivers and have felt supported, especially through challenging5874postpartum times.5875    It is hard to fully express how much gratitude I have for the5876positive influence of Tutu and Me on our family. Our keiki are our5877future, and it is essential that we invest in their early development.5878This program equips both parents and children with the tools and5879resources needed to succeed, fostering a strong foundation for lifelong5880learning. That is why I strongly believe Tutu and Me is an5881irreplaceable resource and should continue to thrive in our community.5882Tutu and Me Assessment Results (2023-24)58835884   83 percent of Native Hawaiian keiki demonstrated school5885        readiness upon kindergarten entry, achieving the target score5886        of ``4'' on each of the required items on the Hawai`i School5887        Readiness Assessment (HSRA).58885889   Overall, 3 to 5 year-olds tested improved by an average of5890        20 points on raw PPVT scores, and they moved from an average5891        stanine of 5.9 at pre-test to 6.3 at post-test.58925893   Among 3-4 year old keiki, there were significant (p<.001)5894        increases of at least 40 percent on all six Work Sampling5895        System (WSS) assessment domains (personal-social, language-5896        literacy, gross physical development, fine physical5897        development, health and safety and math).58985899   At least one Ages and Stages Questionnaire (ASQ) screening5900        was completed on 76 percent of keiki, and multiple ASQs on 425901        percent. All appropriate resulting referrals were completed.59025903   87 percent of keiki borrowed books and read them an average5904        of 4.4 times.59055906   Caregivers showed significant pre/post test improvement in5907        parenting skills, including affection, responsiveness,5908        encouragement, and teaching.59095910   Completed 4,150 consultations with 2,125 caregivers,5911        generating at least 32 formal referrals.59125913   43 percent of caregivers borrowed educational resources over5914        13,000 times collectively.59155916   80 percent of Native Hawaiian families received personalized5917        care through educational home visits.59185919   Pre- to post-test comparisons of 177 caregivers using the5920        PICCOLO parenting assessment verified significant (p<.001)5921        improvement by caregivers on all four domains (Affection,5922        Responsiveness, Encouragement and Teaching).59235924   97 percent of caregivers agreed the program equipped or5925        prepared them to better support their child's growth and5926        development and that the program strengthened their bond with5927        their child.5928                                 ______59295930 Prepared Statement of Sara Pierrard, Project Director, Ki`apu Career5931       and Technical Education for Justice-Involved Youth Program5932    Thank you, Chairman Murkowski, Vice Chairman Schatz, and members of5933the Committee for the opportunity to provide testimony on behalf of the5934Ki`apu Career and Technical Education for Justice-Involved Youth5935Program (Ki`apu), operated by Partners in Development Foundation (PIDF)5936and in support of programs that improve Native Hawaiian educational5937outcomes.5938    Since its inception, NHEP has been vital in supporting the5939educational growth and cultural empowerment of Native Hawaiian5940students. It has allowed organizations like PIDF to develop and5941implement innovative, community-based programs that serve our keiki and5942`ohana across the state. Without this critical funding, many Native5943Hawaiian families and communities would lose access to the foundational5944services that have made a measurable difference in their lives--5945including early childhood education, STEM career pathways, school-based5946wraparound support, health services, and workforce development5947opportunities.5948    One such program is Ki`apu, a youth development initiative that5949reflects the core values of Native Hawaiian education. The name Ki`apu,5950which means ``to catch with cupped hands,'' refl ects the program's5951commitment to nurturing and supporting youth ages 14 to 24 in Windward5952and Leeward O`ahu and Moloka`i. Ki`apu offers a comprehensive,5953culturally grounded framework that combines individualized support,5954educational and career pathway guidance, workforce development and5955training, community engagement, and trauma-informed healing practices.5956    During the 2023-2024 school year, Ki`apu supported 108 at-risk5957youth--bringing the total served to 228--through individualized5958guidance in educational and career pathways. As a result, six youth5959graduated from high school, 19 enrolled in GED programs, 35 completed5960education or training pathways, and 37 submitted job applications.5961These outcomes demonstrate the power of culturally grounded, community-5962driven support in transforming the lives of Native Hawaiian youth.5963    What makes Ki`apu truly distinctive is its integration of cultural5964mentorship with practical skills training. In partnership with5965organizations such as Kinai `Eha, Ki`apu equips youth not only with job5966readiness but also a strong sense of identity and kuleana5967(responsibility) to their communities. Participants are mentored by5968community members who embody the values of aloha, resilience, and5969intergenerational knowledge-sharing--ensuring that learning is rooted5970in both cultural practice and real-world application.5971    In today's landscape, where many young people--particularly Native5972Hawaiian youth--face systemic barriers to education, employment, and5973personal growth, programs like Ki`apu are more than educational support5974systems. They are lifelines. They offer hope, healing, and a pathway5975toward a thriving future.5976Story of Resilience: How Ki`apu Helped Chasity Reclaim Safety,5977        Stability, and Strength5978    When Chasity first reached out to the Ki`apu program , she wasn't5979sure what kind of support was possible--only that she needed help. A5980young mother raising two children under the age of two, Chasity was5981facing a perfect storm of challenges: navigating the justice system,5982struggling with housing instability, and trying to stay enrolled in5983college--all while trapped in a dangerous domestic violence situation5984and without any family or support network on O`ahu.5985    Referred by the Kupu A Pu`u program at Leeward Community College,5986her initial goal was simple: pass her classes in Spring 2025. But5987before she could think about school or a job, she needed one thing5988first--safety.5989    One evening, after a crisis left her scared and alone with nowhere5990to turn, Chasity confi ded in her Ki`apu support specialist. The5991response was immediate. Within an hour , the Ki`apu team booked a fl5992ight for Chasity and her children to Maui , where she had `ohana and5993could begin to stabilize. ``I can't be a good mother when I'm not ok5994myself,'' she shared. The team quickly rallied to provide diapers,5995food, clothing, and even a mailing address for her essential5996documents--including her EBT card, which she had left behind in the5997urgency of her departure.5998    Once safely on Maui, Chasity and her support specialist continued5999to meet regularly, building a Personal Development Plan (PDP) that6000mapped out both immediate needs and long-term goals. She asked for help6001securing a laptop so she could continue her college classes remotely6002and explored options for therapy and counseling. Her determination to6003continue her education, even in the midst of crisis, was a powerful6004refl ection of her strength.6005    Through every step of her journey, Ki`apu staff responded with6006aloha, urgency, and unwavering wraparound care. Today, Chasity is safe,6007her children are thriving, and she is actively rebuilding the6008foundation she needs to move forward--in school, in work, and in life.6009She plans to return to O`ahu when she's ready, knowing now that she'll6010never have to face those challenges alone.60116012    Chasity's story is just one of many. With the continued support of6013NHEP-funded programs like Ki`apu , we can ensure that more young6014mothers like her are met with compassion, stability, and real tools to6015break through cycles of trauma and step into a future full of promise--6016for themselves and for their keiki.6017    We must not risk losing the momentum built over decades to create6018culturally affi rming, impact-driven programs that meet the unique6019needs of our communities. These life-changing programs have been made6020possible through the support of the U.S. Department of Education's6021Native Hawaiian Education Program (NHEP). Thanks to the Native Hawaiian6022Education Act, NHEP resources help fund Ki`apu and other programs6023dedicated to improving the educational outcomes of Native Hawaiian6024students. Similar to the effectiveness of the Alaska Native Education6025Program (ANEP), which has improved student success and academic6026achievement for Alaska Natives, NHEP funding has produced demonstrably6027positive outcomes for Native Hawaiians. Historically, state and private6028funding alone have been insufficient to fully address the educational6029gaps and systemic challenges faced by these communities.6030    A 2021 profile analysis of NHEP grantees from 2010 through 20186031reported that in 2017 and 2018 alone, NHEP grants served 98,9966032participants, including 77,808 students, 18,429 parents, and 2,7596033teachers. All grantee programs targeted Native Hawaiians, with 426034percent focusing on low-income populations. Despite receiving little to6035no supplemental funding from the Coronavirus Aid, Relief, and Economic6036Security Act via the State, NHEP-funded programs have remained agile6037and innovative, providing a continuum of services for students and6038their families.6039    On behalf of Partners in Development Foundation and the youth and6040families we serve, I urge the Committee to sustain and strengthen6041funding for Native Hawaiian education programs. Together, we can ensure6042that the next generation of Native Hawaiian leaders is prepared,6043empowered, and deeply rooted in their culture.6044    Mahalo for your time and consideration. I look forward to working6045with the Committee to advance this important work.60466047    Attachment Letter--A Community's Support for Ki`apu's Lasting6048Impact in Wai`anae60496050    To Whom It May Concern, We are writing to express our strong6051support for Ki`apu, a program of Partners in Development Foundation. As6052residents of the Wai`anae community, we witness fi rsthand the6053challenges that our youth--both in our program and throughout the wider6054community--face every day.6055    Ki`apu and its dedicated team bring hope, encouragement, and6056inspiration to a population that often feels overlooked and limited in6057their opportunities. They talk openly with our students about6058perseverance and the importance of making pono (righteous) choices.6059These conversations acknowledge that doing what's right isn't always6060easy, but that it can open doors to a future fi lled with meaningful6061opportunities and support.6062    The sessions that Ki`apu facilitates in our classroom go beyond6063instruction--they connect with our students on a personal level. This6064relationship-building provides valuable insight and allows us to guide6065our students toward healthy alternatives to the risky behaviors they6066may otherwise engage in.6067    Currently, Ki`apu is working closely with our students, offering6068work readiness experiences, soft skills and communication training,6069community service opportunities, fi nancial wellness education, and6070professional development. These are all areas our students expressed a6071desire to explore even before Ki`apu arrived. Now, with Ki`apu's help,6072those aspirations are becoming a reality.6073    Ki`apu is a truly genuine, boots-on-the-ground effort to uplift and6074empower the youth of Wai`anae. Their presence has made a noticeable and6075positive impact on our classroom and our students. We sincerely hope6076that Ki`apu and the Partners in Development Foundation will continue to6077receive the support they need to carry on this vital work.60786079   Jamiel Saez, Teacher; Joseph Sanchez, Teacher, Wai`anae6080    High School's Alternative Learning Opportunities (ALO)6081                                                    Program6082                                 ______60836084  Prepared Statement of Kasey Galariada Popken, Project Director, Ka6085               Pa`alana Homeless Family Education Program6086    Thank you, Chairman Murkowski, Vice Chairman Schatz, and members of6087the Committee, for the opportunity to provide testimony on behalf of6088the Ka Pa`alana Homeless Family Education Program operated by Partners6089in Development Foundation (PIDF) and in support of programs that uplift6090Native Hawaiian education.6091    Since its inception in January 2007, the Ka Pa`alana Homeless6092Family Education Program has served as a beacon of hope for homeless6093and at-risk families across Hawai`i. Ka Pa`alana began its mission on6094the Leeward Coast of O`ahu, reaching out to families with young6095children living on beaches. Over the past 18 years, the program has6096expanded its reach, consistently serving the Wai`anae community and,6097since 2016, the South Hilo community, including Mountain View, which6098houses a significant number of homeless and hidden homeless families.6099    Ka Pa`alana's impact is profound and measurable. Since 2014, the6100program has assisted 105 individuals in transitioning from beach6101encampments to shelters and 188 individuals from shelters to permanent6102housing, including 29 transitions in the 2023-24 school year. In the6103same school year, Ka Pa`alana served 612 children aged 0-5 (58 percent6104Native Hawaiian) and 600 caregivers (51 percent Native Hawaiian). The6105program has also distributed over 248,000 pounds of food and 5706106hygiene product bags since its inception.6107    The program's success is further evidenced by its educational6108outcomes. Over 80 percent of participating children meet or exceed6109expectations in math and literacy, as measured by Teaching Strategies6110GOLD. Caregiver involvement in children's education has increased by 756111percent, and there have been consistent improvements in child-rearing6112practices and cultural knowledge. Assessments such as the Ages & Stages6113Questionnaire and the Peabody Picture Vocabulary Test indicate that6114children are developmentally on track and, in some cases, ahead of6115their peers. Graduates of Ka Pa`alana demonstrate proficiency in6116literacy, as shown by the Hawai`i State School Readiness Assessment.6117    In 2013, Ka Pa`alana became the first preschool of its kind--a6118Family Education Program serving homeless families--to receive full6119accreditation from the National Association for the Education of Young6120Children (NAEYC). This accreditation signifies that Ka Pa`alana's early6121learning curriculum, staff qualifications, and programming meet the6122highest national standards. The program has successfully achieved6123reaccreditation every five years since, staying current with best6124practices and incorporating trauma-informed care into its curriculum.6125The C. Family's Journey with Ka Pa`alana6126    When Amy and Brian C. were looking for preschool options after the6127COVID-19 pandemic, they felt overwhelmed. Affordable early childhood6128education seemed out of reach, and their oldest son, just three years6129old at the time, had very little interaction with other children.6130That's when a cousin who worked at another Ka Pa`alana site encouraged6131them to check out the program.6132    They decided to give it a try.6133    From the start, something felt different. Their children weren't6134just learning, they were thriving. Their oldest son began making6135friends, and their other son, who was only one when they started, is6136now talking more than ever. Along the way, Amy and Brian found support,6137connection, and a sense of belonging not just for their kids, but for6138themselves as parents.6139    ``We've grown as a family,'' Amy shared. ``Our son even got6140selected to speak at his graduation. He used to be all over the place,6141but he stood there with confidence. It was such a proud moment.''6142    For the C. `ohana, Ka Pa`alana has been more than a preschool6143program. It has been a lifeline. A place where they could learn6144alongside their children, supported by a caring team that has remained6145with them from their first child to their fourth.6146    These life-changing impacts have been made possible through the6147support of the U.S. Department of Education's Native Hawaiian Education6148Program (NHEP). NHEP has been instrumental in addressing funding gaps6149that state and private sources have historically been unable to meet6150adequately. A 2021 profile analysis of NHEP grantees from 2010 through61512018 reported that in 2017 and 2018 alone, NHEP grants served 98,9966152participants, including 77,808 students, 18,429 parents, and 2,7596153teachers. All grantee programs targeted Native Hawaiians, with 426154percent focusing on low-income populations. Despite receiving little to6155no supplemental funding from the Coronavirus Aid, Relief, and Economic6156Security Act via the State, NHEP-funded programs have remained agile6157and innovative, providing a continuum of services for students and6158their families.6159    At PIDF, we believe that high-quality services and programming are6160entitlements every family deserves, regardless of their economic status6161or situation. Through programs like Ka Pa`alana, we strive to fulfill6162our mission: to inspire and equip families and communities for success6163and service, grounded in timeless Native Hawaiian values and6164traditions.6165    We respectfully urge the continued federal funding of the Native6166Hawaiian Education Program, which has provided life-giving hope to so6167many and remains critically needed today.6168    Mahalo nui loa for your consideration.6169                                 ______61706171  Prepared Statement of Alana Power, Project Director, Piha Me Ka Pono6172    Thank you, Chairman Murkowski, Vice Chairman Schatz, and members of6173the Committee for the opportunity to provide testimony on behalf of6174Piha Me Ka Pono Program, operated by the Partners in Development6175Foundation (PIDF) and in support of programs that improve Native6176Hawaiian educational outcomes.6177    Partners in Development Foundation (PIDF) has long recognized the6178power of intergenerational mentoring as a foundation for youth6179development. Since 2005, this value has been woven into programming6180along the Kohala coast of Hawai`i island-the remote, northernmost rural6181community on Hawai`i Island. In 2014, PIDF expanded its impact by6182adding teacher professional development services to the Kohala school6183complex and later to other communities across the island. By 2022, PIDF6184incorporated the community school model, a growing best practice in6185education, and in 2023, the Piha me ka Pono (Piha) project expanded to6186eight public schools: elementary, middle and high schools on Hawai`i6187Island and an elementary school on Moloka`i, supported by new state and6188federal funding.6189    In the 2023-2024 school year alone, Piha's Native Hawaiian6190Education Program (NHEP) grant made a measurable impact that supported6191student learning outcomes, including:61926193   Delivering Defender of Bullying training to 160 fifth-grade6194        students61956196   Making 37 substance abuse referrals to support student well-6197        being61986199   Providing 150 in-class coaching sessions to 99 teachers62006201   Offering 23 professional development sessions to 120 school6202        staff62036204   Hosting multiple family workshops for 61 parent participants62056206    Since 2005, the U.S. Department of Education's Native Hawaiian6207Education Program (NHEP) has provided essential funding to support Piha6208to meet urgent needs of students facing some of the most difficult6209challenges--chronic absenteeism, suicide attempts, emotional6210disengagement, and the isolation of being latchkey kids while their6211parents juggle multiple jobs just to make ends meet.6212    Through school-based and community-centered support, Piha works to6213increase academic achievement, strengthen mental health and well-being,6214and build strong support networks for Native Hawaiian students and6215their families.6216    These life-changing outcomes have only been possible because of6217NHEP's critical funding. The Native Hawaiian Education Act has enabled6218the U.S. DOE to invest in impactful programs like Ka Pa`alana, Tutu and6219Me, and Piha me ka Pono, all of which are designed to improve the6220educational outcomes of Native Hawaiian learners across the state. Much6221like the proven success of the Alaska Native Education Program (ANEP),6222NHEP has delivered demonstrable results for Native Hawaiians.6223Unfortunately, state and private funding have never been enough to6224close the systemic gaps Native Hawaiian communities face.6225    A 2021 analysis of NHEP grantees from 2010 to 2018 revealed that,6226in just two years (2017-2018), NHEP-funded programs reached nearly622799,000 participants--including 77,808 students, 18,429 parents, and62282,759 teachers. All of these programs were designed specifically to6229serve Native Hawaiians, with 42 percent focusing on low-income6230populations. Even without additional relief funds during the pandemic6231(such as those provided by the CARES Act through the State), NHEP-6232funded programs remained agile and innovative, continuing to deliver a6233continuum of essential services to Hawai`i's keiki and `ohana.6234    Without the critical support of the U.S. Department of Education's6235Native Hawaiian Education Program (NHEP), programs like Piha me ka Pono6236would not be possible. For many students and families, NHEP-funded6237services are among the only culturally grounded resources available to6238address the growing mental health, academic, and economic challenges6239they face.6240    We respectfully urge your strongest consideration for the continued6241investment of $50 million in support of the Native Hawaiian Education6242Program. Your investment helps ensure that Native Hawaiian keiki,6243families, and communities are not only supported but empowered to6244thrive and contribute.62456246    Impact Story: Walking School Bus in Kealakehe Helps Reduce Chronic6247Absenteeism and Increase Student Safety62486249    In the Kealakehe community of Hawai`i Island, many students live6250within a mile of their school, yet attendance continues to be a daily6251challenge. Without access to public or school transportation, children6252often walk to class alone, and too often, they do not make it all the6253way.6254    ``Eight out of ten times, kids don't get to school because they6255stop at a friend's house or get sidetracked along the way,'' shared6256Shonnalee Ontiveros, Lead Community School Coordinator with Partners in6257Development Foundation's Piha Me Ka Pono program. ``And many parents6258don't realize they didn't make it.''6259    With safety concerns rising and chronic absenteeism impacting6260learning, Ontiveros and the Kealakehe school community decided to try6261something new. Inspired by a visit to a community school in New Mexico,6262she introduced the idea of a Walking School Bus, a simple and6263volunteer-powered way to help students arrive safely and on time.6264    Working with Hawai`i County's Safe Routes to School program, the6265Hawai`i Police Department, and the Department of Health, Ontiveros6266helped bring the concept to life. Volunteers mapped out safe, walkable6267routes through the neighborhood. Each morning, they would walk from6268door to door, picking up students along the way just like a school bus,6269but on foot.6270    The Walking School Bus launched on December 16, 2024. Fourteen6271volunteers showed up early that morning, ready to walk with students.6272By the time they reached Kealakehe Elementary, nearly 50 students had6273joined the group. Waiting to greet them was a cheerful inflatable heart6274mascot, celebrating their accomplishment. Students also received6275walking tokens, which they could redeem for small prizes or healthy6276snacks at the end of the week.6277    ``The energy that day was incredible,'' said Ontiveros. ``There was6278this sense of celebration, of community, and it was clear the kids felt6279seen and supported.''6280    The program currently operates on Monday mornings, which is one of6281the most common days for absenteeism. Early results show promise.6282Students are more likely to attend school when they have a safe,6283consistent routine and trusted adults cheering them on. The initial6284momentum has sparked interest from more families and volunteers, with6285plans to expand the program this spring.6286    This effort is part of a larger initiative. Piha Me Ka Pono6287supports eight schools across Hawai`i using the 7 Pillars of the6288Community School Model. These pillars include strategies such as family6289engagement, integrated supports, and expanded learning time.6290    At its core, the Walking School Bus is more than a way to get kids6291to school. It is a symbol of what is possible when communities come6292together to care for their keiki. It shows that when families,6293educators, volunteers, and local agencies walk side by side, students6294are more likely to show up, feel safe, and be ready to learn.6295Piha Me Ka Pono NHEP-funded Results (2023-24)62966297   Student Academic support:62986299        -- Enrichment activities for 25 Elementary students63006301        -- 48 tutoring sessions provided to 11 middle school students63026303        -- Annual Career Pathway Career Night provided for 45 8th grade6304        students and 55 family members63056306   Teacher support:63076308        -- 345 in-class coaching sessions for 178 teachers (2023-24 SY:6309        150 coaching sessions for 99 teachers)63106311        -- 39 Professional Development Training Sessions for 6936312        Teachers (2023-24 SY: 23 trainings for 120 teachers)63136314        -- TIC training for 38 teachers/staff63156316   Referrals/Trainings:63176318        -- 56 partnering agencies for referrals63196320        -- 37 substance abuse referrals (11 in 2023-24 SY)63216322        -- 2 mental health referrals63236324        -- 8 Substance Abuse Prevention and Treatment trainings6325        provided to 547 elementary, middle, and high school students63266327        -- 4 Youth Suicide & Bullying Prevention trainings provided for6328        191 people63296330        -- 160 5th graders trained as defenders of bullying63316332        *-- 2023-24 SY: Significant increase in self-reported knowledge6333        from the training on every item assessed63346335   Family engagement:63366337        -- 691 adults participated in 17 workshops (financial literacy,6338        homeownership basics, adult literacy night-read aloud to keiki,6339        among others)6340                                 ______63416342 Prepared Statement of Dr. Shawn Kanai`aupuni, President/CEO, Partners6343                       in Development Foundation6344    Thank you, Chairman Murkowski, Vice Chairman Schatz, and members of6345the Committee for the opportunity to provide testimony on behalf of6346Partners in Development Foundation (PIDF) in support of programs that6347support Native Hawaiian education.6348    Partners in Development Foundation (PIDF) strongly supports the6349continued funding and expansion of the Native Hawaiian Education6350Program (NHEP). NHEP is currently funded at $45,897,000, federal6351support that has been crucial for delivering culturally grounded6352educational programs that improve educational outcomes, strengthen6353families, and address systemic inequities faced by Native Hawaiian6354children and communities. PIDF's impactful programs serve over 4,5006355keiki and their caregivers annually, significantly enhancing early6356childhood education, family stability, workforce readiness, and overall6357community resilience.6358Background About PIDF6359    At PIDF, every program we offer is more than an educational6360service--it is an act of aloha, deeply rooted in Hawaiian cultural6361values such as malama `aina (caring for the land), kuleana6362(responsibility), and `ike kupuna (ancestral wisdom). Our journey over6363the last 28 years, touching more than 175,000 lives, has shown us that6364meaningful, culturally responsive education can break the cycle of6365poverty, trauma, and marginalization.6366    Guided by values and practices that honor our kuleana to people and6367place, PIDF's mission and diverse programs address critical issues in6368education, positive youth development, and environmental6369sustainability, empowering youth, families, and caregivers across the6370islands. Our notable programs include:63716372   Tutu and Me: Young children (birth-5 yrs) in remote6373        communities gain foundational early learning through this6374        statewide traveling preschool that also empowers family6375        caregivers as confident first teachers.63766377   Ka Pa`alana: Young infants and toddlers experiencing6378        homelessness gain stability and school readiness through Ka6379        Pa`alana's accredited early learning program, delivered6380        directly in shelters/transitional housing alongside vital6381        caregiver education and support.63826383   Ki`apu: Helps at-risk youth and young adults build education6384        and workforce readiness, with wraparound services, mentoring,6385        and career internships and experiences.63866387   Piha Me Ka Pono: Students and their `ohana receive holistic6388        support through this collaborative community schools model that6389        partners with school staff and local organizations to6390        strengthen learning by addressing physical, emotional, and6391        mental health needs in eight schools across Hawai`i.63926393   KA`A: Improves children's educational success by providing6394        families with financial coaching and seed funds to build6395        economic self-sufficiency and support long-term educational6396        goals.63976398    Through partnerships with local organizations and national6399supporters, PIDF continues to expand its impact across Hawai`i, with6400the belief that, e malama i ka `ohana, ola ke kaiaulu, caring for and6401strengthening families leads to thriving, healthy communities.6402Native Hawaiian Education Program6403    Like many organizations in Hawaii predominantly serving Native6404Hawaiian children and youth, PIDF utilizes federal grant programs6405administered by the U.S. Department of Education (ED). One of the most6406important--and impactful--programs is ED's NHEP, which funds innovative6407education activities that address critical gaps in Native Hawaiian6408education outcomes. PIDF has utilized NHEP grant funding for years to6409provide early education, afterschool youth mentorship, community6410schools support, workforce development for high school students, and6411farming and agricultural education for communities across Hawai`i.6412Lives Transformed: Stories of Impact from NHEP-Funded Programs6413    At the heart of every PIDF program is a story--a keiki whose eyes6414light up with discovery, a caregiver who finds confidence, a family6415that begins to heal. These are not just anecdotes; they are powerful6416testaments to how NHEP-funded programs like Ka Pa`alana and Tutu and Me6417are changing lives across Hawai`i.6418Kala and Marvin: A Journey of Growth, Healing, and Belonging6419    Kala, a single mother of a bright and curious four-year-old boy6420named Marvin, carries a heavy load. She's not only raising her son, but6421also caring for her mother who lives with a disability. Together, they6422navigate life in transitional shelter housing on O`ahu. For Kala, every6423day has been about survival--until she was introduced to the Ka6424Pa`alana Family Education Program by her case manager.6425    On her first day, Kala walked into the preschool space unsure of6426what to expect. She was nervous and guarded, carrying the weight of6427stress and uncertainty. But she quickly found herself wrapped in the6428warmth of a space built on aloha. ``I fell in love--not only with the6429staff, but with the parents and the kids,'' she says. In one word, Kala6430calls Ka Pa`alana ``family.''6431    At home, Marvin had a hard time sitting still and staying focused6432when Kala tried to read to him. But through the consistent, literacy-6433rich, and play-based environment at Ka Pa`alana, things began to6434change. Marvin slowly started choosing books, asking questions, and6435pretending to read aloud. One day, Kala watched in awe as Marvin6436gathered a few friends and ``read'' to them: ``Okay, your turn!'' he6437said. When they hesitated, he cheered them on: ``You can read! See,6438just look at this and say, `Curious George jumped on the bed!' '' His6439joy was infectious, and soon, the children were storytelling together--6440imagining, laughing, learning.6441    Now, Kala feels empowered in her role as Marvin's first and most6442important teacher. She credits Ka Pa`alana not only with supporting6443Marvin's development, but also with helping her find her voice and6444confidence as a mother navigating overwhelming odds. Thanks to the6445support, education, and cultural grounding offered through Ka Pa`alana,6446Kala says, ``I see a future I never thought was possible--for both of6447us.''6448Catherine and Lily: Building a Strong Foundation Through Tutu and Me6449    Catherine's daughter, Lily, is a joyful, energetic preschooler who6450lights up every room she enters. But in the rural community where they6451live, early learning options are few and far between. When Catherine6452enrolled Lily in Tutu and Me Traveling Preschool, she hoped it would6453help her daughter prepare for kindergarten. What she found was so much6454more.6455    Since joining the program, Lily has shown remarkable growth in her6456social, emotional, and cognitive development. Through carefully6457designed lessons rooted in Hawaiian values and responsive to each6458child's needs, Lily's love for learning has blossomed. ``She eagerly6459looks forward to every session,'' Catherine shares. ``She's more6460confident, tries new things, and engages more deeply with the world6461around her.''6462    For Catherine, Tutu and Me has been equally transformative. She's6463gained tools to support Lily's development at home, and most6464importantly, she's found a trusted network of caregivers and educators.6465The program has become a place of belonging, shared learning, and deep6466connection. ``It's not just about the academics--it's about the6467relationships. The aloha that surrounds us here is what makes the6468difference.''6469    Though Lily hasn't yet transitioned to kindergarten, Catherine is6470confident she'll be ready when the time comes. The routines, skill-6471building, and nurturing support Lily receives through Tutu and Me are6472laying a strong foundation for a successful school journey--and a6473lifelong love of learning.6474    These stories reflect thousands of others across our islands,6475demonstrating the profound impact that NHEP-funded programs have on6476Native Hawaiian communities. Each dollar invested yields exponential6477benefits--children ready for school, empowered caregivers, resilient6478families, and thriving communities. We respectfully ask the Committee6479to ensure continued and increased support for the NHEP. The data and6480evidence show that investing in our keiki today ensures that Native6481Hawaiian communities flourish tomorrow.6482Data: Demonstrating Effectiveness of NHEP-funded Programs6483    With 85 percent of brain development occurring by age three, high-6484quality early childhood education is crucial to preparing children for6485lifelong learning success. Despite this, recent Kindergarten Entry6486Assessment data from the Hawai`i Department of Education reveals that6487only one-third of Hawai`i's keiki enter school kindergarten-ready, with6488significantly lower rates in rural and remote areas. For instance, in6489Wai`anae, a community with a high concentration of Native Hawaiian6490families, readiness rates are as low as 11 percent. Factors such as the6491high cost of childcare, limited preschool access, and family financial6492instability compound this challenge, causing educational gaps that6493persist throughout a child's academic career.6494    Through NHEP funding, PIDF directly addresses these systemic6495barriers by delivering culturally-grounded early childhood education6496programs at no cost to families, serving over 4,500 at-risk and6497homeless keiki and caregivers each year in 37 communities across6498Hawai`i. Approximately 72 percent of these keiki are within the6499critical developmental window from birth to age three.6500    The attached Appendix outlines the measurable impacts of PIDF's6501programs include significant developmental and educational gains,6502including these highlights:65036504   Tutu and Me (2023-24 SY): Children aged 3-4 demonstrated6505        statistically significant improvements of at least 40 percent6506        across all six key early learning domains measured by the Work6507        Sampling System (WSS), including language-literacy, personal-6508        social, and math. Additionally, 83 percent of Native Hawaiian6509        children achieved kindergarten readiness.65106511   Ka Pa`alana (2023-24 SY): Over 80 percent of enrolled6512        children met or exceeded math and literacy expectations.6513        Caregivers showed substantial increases (75 percent) in6514        involvement with their child's education, improved child-6515        rearing practices, and enhanced cultural knowledge.65166517    Long-term evaluations underscore the lasting benefits and economic6518efficiency of investing in early childhood programs. National research6519consistently identifies a return on investment of up to 13 percent for6520high-quality birth-to-age-five educational initiatives, with even6521higher returns realized from programs targeting birth to age three.6522PIDF's longitudinal studies confirm sustained cognitive, social-6523emotional, and educational gains among participating children well into6524their primary school years.6525    Continued investment in PIDF's culturally responsive early6526education programs through NHEP funding is essential not only for6527immediate child and family outcomes but also for building a strong,6528resilient, and thriving Native Hawaiian community.6529Conclusion6530    The Native Hawaiian Education Act has been monumental in providing6531resources to PIDF and similar organizations dedicated to improving the6532educational outcomes of Native Hawaiian students. Similar to the6533effectiveness of the Alaska Native Education Program (ANEP), which has6534improved student success and academic achievement for Alaska Natives,6535NHEP funding has produced demonstrably positive outcomes for Native6536Hawaiians. Historically, state and private funding alone have been6537insufficient to fully address the educational gaps and systemic6538challenges faced by these communities.6539    However, according to a 2021 profile analysis of NHEP grantees from6540cohorts spanning 2010 to 2018, NHEP grants supported 98,9966541participants, including 77,808 students, 18,429 parents, and 2,7596542teachers, demonstrating an expansive impact across multiple levels of6543the education system. All programs funded by NHEP have targeted Native6544Hawaiian populations, with 42 percent specifically serving low-income6545families. Moreover, these programs have consistently demonstrated6546agility and innovation, offering a continuum of services for students6547and families, despite receiving minimal additional resources from6548relief measures like the Coronavirus Aid, Relief, and Economic Security6549Act.6550    Continued robust support and funding of at least $45,897,000 for6551the NHEP is critical. Without it, communities across Hawai`i risk6552losing essential educational services, mentorship, career education6553opportunities, and critical resources that are foundational to the6554health, stability, and advancement of Native Hawaiian students and6555their families.6556    Mahalo nui loa for your consideration of this testimony. Let us6557collectively ensure sustained support and investment, empowering Native6558Hawaiian communities to thrive and succeed.65596560    Appendix: Program Outcomes and Data65616562    Tutu and Me (2023-24)--served 1223 children birth-5 yrs, 2,2076563caregivers65646565   Statistically significant improvements (40%+) across six6566        Work Sampling System (WSS) early learning domains.65676568   83 percent Native Hawaiian keiki demonstrated school6569        readiness upon kindergarten entry.65706571   Caregivers showed significant improvement in parenting6572        skills, including affection, responsiveness, encouragement, and6573        teaching.65746575    Ka Pa`alana (2023-24)--served 612 children birth-5yrs, 6006576caregivers65776578   80%+ children meeting or exceeding math and literacy6579        expectations (Teaching Strategies Gold).65806581   75 percent increase in caregiver involvement in children's6582        education.65836584   Consistent improvements in child-rearing practices and6585        increased cultural knowledge.65866587   Since 2007, supported 188 transitions from shelters to6588        permanent housing and distributed over 248,000 pounds of food.65896590    Ki`apu (2023-2024)65916592   Supported 108 at-risk youth; 19 engaged in GED classes; 376593        secured job applications.65946595   Delivered extensive wraparound services, cultural education,6596        and mentorship training.65976598   Established 15 partnerships to facilitate systemic change.65996600    Piha Me Ka Pono (2023-24)66016602   Provided holistic support in eight community schools,6603        including academic tutoring, mental health services, and family6604        engagement.66056606   Delivered professional development to nearly 700 educators6607        and facilitated over 25,000 family and student engagement6608        events.66096610    KA`A (2023-24)--800+ child savings accounts for children attending6611early learning programs66126613   Established 800+ child savings accounts for children6614        attending early learning programs66156616   Children achieved significantly higher attendance rates6617        among participants.66186619   Supported caregivers to actively engage in financial6620        literacy education and goal setting.66216622    Investments in PIDF's culturally grounded educational programs are6623demonstrably effective, yielding significant long-term social and6624economic returns. Continued federal funding through NHEP is essential6625to maintaining and expanding these critical services.6626                                 ______66276628Prepared Statement of Edwina Butler-Wolfe, Education Director, Sac and6629                               Fox Nation6630    Chairman Murkowski, Vice Chairman Schatz, and honorable members of6631the Committee:6632    On behalf of the Education Department of the Sac and Fox Nation, I6633write to thank the Senate Committee on Indian Affairs (``Committee'')6634for holding an oversight hearing on Native American Education Programs6635at the U.S. Department of Education (``Department'').6636About the Education Department of the Sac and Fox Nation6637    The Sac and Fox Nation, as a federally-recognized tribal6638government, provides funding assistance for educational needs, through6639its Education Department, participates in the U.S. Department of6640Interior's (``Interior'') Johnson O'Malley (JOM) Program, and6641represents twelve (12) public school districts, serving twenty-eight6642(28) schools within those districts. I am providing testimony because6643the Department administers funding for several critical programs that6644support our Native students, including the Elementary and Secondary6645Education Act (ESEA) Titles I, II, III, Part A of VI, V, and VII and6646the Individuals with Disabilities Education Act (IDEA).6647Historical Context of the Education of Sac and Fox Nation's Students6648    Historically, the Federal Government has provided support to the6649Sac and Fox Nation for the education of its students. Importantly,6650pursuant to the 1830 Treaty with the Sauk and Foxes, \1\ the 18616651Treaty with the Sauk and Foxes, \2\ and the 1867 Treaty with the Sauk6652and Foxes \3\ with the Federal Government, the Sac and Fox Nation gave6653up successive claims to its ancestral homelands in exchange for the6654protection and provision of education of its children by the United6655States in their new lands. However, the Sac and Fox Nation, like many6656others, suffered immensely in their new lands from the Federal6657Government's boarding school policy. Specifically, many Sac and Fox6658students attended and suffered at the Carlisle Indian Industrial School6659which touted a mission to ``kill the Indian'' and ``save the man.'' \4\6660Thus, in 1991, the Federal Government returned authority and funding6661back to the Sac and Fox Nation in the ratified Self-Governance Compact.6662\5\6663---------------------------------------------------------------------------6664    \1\ Treaty with the Sauk and Foxes, Etc. art. 5, July 15, 18306665(``And the United States further agree to set apart three thousand6666dollars annually for ten successive years. . .to the education of the6667children of the said Tribes and Bands, parties hereto.'').6668    \2\ Treaty with the Sauk and Foxes, Etc. art. 5, Mar. 6 186 I (``In6669order to encourage education among the aforesaid tribes of Indians, it6670is hereby agreed that the United States shall expend the sum of one6671thousand dollars for the erection of a suitable school-house, and6672dwelling-house for the school teacher, for the benefit of the Sacs and6673Foxes, and also the additional sum of two hundred dollars per annum for6674school purposes. . .'').6675    \3\ Treaty with the Sauk and Foxes art. 9, Feb. 18, 1867 (``. .6676.one section of land, convenient to the residence of the agent, shall6677be selected by said agent, with the approval of the Commissioner of6678Indian Affairs, and set apart for a manual-labor school; and there6679shall also be set apart from the money to be paid to the tribe under6680this treaty, the sum often thousand dollars for the erection of the6681necessary school-buildings and dwelling for teacher, and the annual6682amount of five thousand dollars shall be set apart from the income of6683their funds after the erection of such school buildings, for the6684support of the school; and after settlement of the tribe upon their new6685reservation, the sum of five thousand dollars of the income of their6686funds may be annually used, under the direction of the chiefs, in the6687support of their national government. . .'').6688    \4\ Carlisle Indian School Digital Resource Center, ``Kill the6689Indian in him, and save the man'': R.H. Pratt on the Education of6690Native Americans, https://carlisleindian.dickinson.edu/teach/ki11-6691indian-him-and-save-man-r-h-pratteducation-native-americans.6692    \5\ Self-Governance Compact between the Sac and Fox Nation and the6693United States art. 3, sec. 3 and art. 4, sec. 2, June 26, 1991.6694---------------------------------------------------------------------------6695Scope of Testimony6696    I am submitting this testimony in connection with the oversight6697hearing held by the Committee on April 2, 2025, to address Native6698education programs at the Department. This testimony is limited in6699scope to that hearing. However, we note the broader context that6700prompted the hearing, including the Administration's recent Executive6701Order on ``Improving Education Outcomes by Empowering Parents, States,6702and Communities'' (``Executive Order''). \6\ The Executive Order6703provides in part that ``[t]he Secretary of Education shall, to the6704maximum extent appropriate and permitted by law, take all necessary6705steps to facilitate the closure of the Department of Education and6706return authority over education to the States and local communities6707while ensuring the effective and uninterrupted delivery of services,6708programs, and benefits on which Americans rely.'' \7\ As of the6709preparation of this testimony, to our knowledge, no consultation6710notices have been issued regarding the Executive Order or any proposal6711to restructure or close elements of the Department. As explained below,6712Tribal consultation is statutorily required before any plans to6713restructure or close the Department proceed.6714---------------------------------------------------------------------------6715    \6\ Exec. Order No. 14242 of March 20, 2025, Improving Education6716Outcomes by Empowering Parents, States, and Communities, 90 Fed. Reg. I67173679 (Mar. 25, 2025).6718    \7\ Id. Sec. 2.6719---------------------------------------------------------------------------6720    With this context in mind, I am providing this testimony to6721underscore the following:67226723        1) the federal government's legal obligation to consult Tribal6724        Nations on actions impacting the education of Native children;67256726        2) the need to maintain full staff and funding for Native6727        education programs;67286729        3) concerns regarding existing staff capacity, particularly if6730        the administration of Native education programs is split up;6731        and67326733        4) that funding for Native education programs must not under6734        any circumstances be routed through the States.67356736    Underlying this testimony is the fact that those who would be most6737affected by changes to Native education programs are our students. I6738work zealously to support our students by ensuring that the teachers6739and staff of the twelve (12) public schools we represent have the6740resources they need to provide the high-quality education our students6741deserve and to which they are legally entitled as part of the United6742States' trust and treaty obligations to the Sac and Fox Nation and its6743members.6744Tribal Nations Must Be Consulted on Any Structural Changes to the6745        Department Before Those Changes Occur6746    Any action regarding Native programs taken without Tribal6747consultation would undoubtedly have negative impacts on our students.6748We are not aware of any Tribal Nation or school that has requested6749structural changes to the Department's administration of Native6750education programs. As the tribal panel expertly described to the6751Committee, Department-administered Native education programs provide6752critical resources proven to improve educational. emotional. and6753behavioral outcomes for Native students. These programs carry out an6754important aspect of the federal government's trust responsibility to6755Tribal Nations by providing quality, culturallyinformed education to6756Native students. Given the importance of the programs at issue here, if6757the Administration plans to make any changes that affect Native6758education programs at the Department, the federal government must6759consult with Tribal Nations on such proposals before any changes are6760made. Moreover, because no Tribal Nation has requested these changes,6761sufficient consultation would require a proposal that contains enough6762specificity for Tribal Nations to understand how the contemplated6763changes would impact them and their respective students. I want to be6764clear that if changes to Native educational programs are being planned,6765they cannot be legally carried out without prior consultation with the6766Sac and Fox Nation.6767    Consultation is a necessary component of the United States' trust6768and treaty obligations to Tribal Nations that has been codified in6769statutes, regulations, Executive Orders, and departmental consultation6770policies. \8\ While consultation is always important, when it comes to6771education, our students cannot afford to spend developmentally critical6772years of their education experiencing substantial disruptions to their6773schooling. Consultation is required for any proposals that would impact6774the Department's Native education programs, including under the6775Department's own policies as well as under Interior consultation6776statutes. The Department's own tribal consultation policy states that6777``[the Department] administers a number of grant programs that serve6778Indian students or that have a specific impact on tribes''--including6779Title VII, Parts A, B, and C of the ESEA of 1965. \9\ The Department's6780policy notes that it will consult with Tribal Nations regarding any6781proposed regulation that has tribal implications in accordance with6782Executive Order 13175. \10\ Substantial closure or transfer of6783Department functions would easily meet this threshold.6784---------------------------------------------------------------------------6785    \8\ See Exec. Order No. 13,175, Consultation and Coordination with6786Indian Tribal Governments, 65 Fed. Reg. 67,249 (Nov. 9, 2000) (signed6787on Nov. 6, 2000).6788    \9\ Dept. of Ed., Consultation and Coordination with American6789Indian and Alaska Native Tribal Governments, available at: https://6790www.ed.gov/sites/ed/files/about/offices/list/oese/6791oie.1tribalpolicyfinal.pdf.6792    \10\ See Cheyenne River Sioux Tribe v. Jewell, 205 F. Supp. 3d67931052, 1058 (D. S.D.2016) (``meaningful consultation requires, at a6794minimum, that defendants comply with federal statutes and their own6795policies defining what constitutes adequate `consultation.' '').6796---------------------------------------------------------------------------6797    Further, several important funding sources of funds, and all funds6798that ultimately flow to Tribally controlled schools, such as funds6799under the IDEA, are first appropriated to the Department and then6800awarded by the Department to the Bureau of Indian Education (BIE),6801which in turn distributes them to BIE-funded schools. \11\ Although the6802funds are originally appropriated to the Department, any proposed6803change to funding that flows through the BIE before being provided to6804Tribal Nations requires consultation pursuant to the statutory6805consultation provisions Congress established to ``facilitate Indian6806control of Indian affairs in all matters relating to education.'' \12\6807---------------------------------------------------------------------------6808    \11\ See, e.g., 20 U.S.C.  1411 (h)( I )(A) (``The Secretary of6809Education shall provide amounts to the Secretary of the Interior to6810meet the needs for assistance for the education of children with6811disabilities on reservations aged 5 to 21, inclusive, enrolled in6812elementary and secondary schools for Indian children operated or funded6813by the Secretary of the Interior.'').6814    \12\ Pub. L. No. 95-561  1130, 92 Stat. 2143, 2321 (1978)(codified6815as amended at 25 U.S.C.  2011 (a)).68166817   In the Education Amendments of 1978, Congress charged the6818        Secretary of the Interior with the responsibility to6819        ``facilitate Indian control of Indian affairs in all matters6820        relating to education.'' \13\6821---------------------------------------------------------------------------6822    \13\ Id.68236824   In the Improving America's Schools Act of 1994, Congress6825        further recognized that ``active consultation'' between the6826        Interior, Tribal leaders, and school officials is necessary and6827        integral to achieving Tribal control of Native education. \14\6828---------------------------------------------------------------------------6829    \14\ Pub. L. No. 103-382  381, 108 Stat. 3518, 40016830(1994)(codified as amended at 25 U.S.C.  201 l(b)).68316832   Finally, in the No Child Left Behind Act of 2002, Congress6833        cemented the ``active consultation'' requirement by enumerating6834        clear consultation standards and procedures and by directing6835        the Interior to ``work in a government-to-government6836        relationship to ensure quality education for all Tribal6837        members,'' \15\ and to afford ``interested parties (including6838        tribes and school officials)'' the opportunity to ``present6839        issues'' and ``participate and discuss the options presented.''6840        \16\6841---------------------------------------------------------------------------6842    \15\ Pub. L. No. 107-110  1042, 115 Stat. 1425, 2043 (2002)6843(codified at 25 U.S.C.  201 l(b)).6844    \16\ Id.68456846    These statutory terms clarify and codify the consultation process6847that is a necessary component of fulfilling the United States' trust6848and treaty obligations to Tribal Nations. No doubt part of the reason6849for these education specific consultation requirements and the goal to6850achieving Indian control over Indian education is that Tribally-6851controlled schools know what is best for our students, and we6852understand that schooling interruptions can have long-lasting negative6853consequences for educational outcomes.6854    I also remind the Committee of its ability to request a written6855explanation ``of any decision made by the Secretary [ of the Interior]6856which is not consistent with the views of the interested parties'' \17\6857and urge the Committee to continue to exercise its oversight authority6858if changes are made or proposed that violate consultation requirements.6859---------------------------------------------------------------------------6860    \17\ 25 U.S.C.  2011(c).6861---------------------------------------------------------------------------6862The Administration Must Maintain Full Funding and Staff for Native6863        Education Programs6864    We are gravely concerned that the Administration will make6865structural changes to the Department that will result in the loss of6866funding or of critically important staff. Existing funding and staff6867support necessary programs that provide culturally-informed, high-6868quality education for our Native children. The loss of even some of6869these funds or staff would have a detrimental impact on our ability to6870meet the needs of our students and on our students' opportunities to6871stay at grade level and on-track for graduation.6872    Any education reform efforts must maintain (and indeed, seek to6873increase) existing funding streams for BIB-funded schools. If funds are6874diverted, the Administration's goal of ``ensuring every child has the6875opportunity to receive a world-class education'' \18\ will not be6876realized for Native children, because BIB-funded schools will have6877fewer resources to provide the culturally-relevant education that our6878communities need.6879---------------------------------------------------------------------------6880    \18\ Fact Sheet: President Donald J. Trump Expands Educational6881Opportunities for American Famities, The White House (Jan. 30, 2025),6882https://www.whitehouse.gov/fact-sheets2025/01/fact-sheet-president-6883donald-i-trumpexpands-educational-opportunities-for-american-families/.6884---------------------------------------------------------------------------6885    The BIB-funded school system exists to serve Native students. Like6886any vital service, BIEfunded schools are only able to provide6887sufficient education programming if they are fully funded. Currently,6888BIE-funded schools struggle with chronic underfunding, failing6889facilities, transportation challenges, limited options for staff6890housing, and competition with local public schools for quality6891instructional staff. BIE-funded schools already stretch the federal6892dollars it receives through its grant agreement with the BIE to provide6893Native students with quality, culturally-informed education.6894    In addition, any loss of staff would result in the loss of6895important institutional knowledge held by those who have developed6896expertise in successfully administering Native education programs. I6897have worked to build positive relationships with the Department staff6898that operate these programs. Eliminating any staff, regardless of the6899addition of newly-hired staff, would result in the loss of critical6900knowledge by those who know how to administer these programs, which6901will ultimately negatively impact our students as well. While there are6902elements of these Departmental programs that could be improved, a6903complete restructuring of their administration without retaining the6904existing skills of employees who have established knowledge and6905experience in this area would make the operation of the programs more6906inefficient and potentially breach the federal government's trust6907obligation to provide Native students with quality education.6908We Are Concerned About Other Agencies' Capacities to Take on the6909        Department's Obligations, Particularly If Native Education6910        Programs6911        Administered by the Department Are Split Up6912    In any potential restructuring, we are certain that the BIE, which6913awards grants under the Tribally Controlled Schools Act (TCSA), does6914not have the capacity to administer any additional obligations unless6915the full scope of funding and staff are maintained as described above.6916    While there is no specific proposal currently before Tribal Nations6917to review, splitting up Department-administered Native education6918programs among multiple agencies raises serious concerns. Namely, I6919fear that any restructuring that shifts responsibilities to federal6920agencies that do not have experience with Native education or that6921splits up existing offices would worsen existing bureaucratic6922challenges and create new administrative procedures when red tape6923already impedes the BIE's ability to promptly provide funding to6924tribally-controlled schools.6925    As currently administered, tribally-controlled schools receive an6926annual yearly grant from the BIE under the TCSA that includes funds6927awarded by the Department to the BIE (for instance, under the IDEA).6928Indeed, the TCSA requires that all federal education funding be6929combined into one grant. The law provides that a TCSA grant shall6930consist of amounts allocated to triballycontrolled schools under6931Sections 1127 and 1128 of the Education Amendments of 1978, Title I of6932the ESEA of 1965, the IDEA, and ``any other federal education law.''6933\19\ Thus, as it relates to Native education programs, restructuring6934the Department would undermine the administrative efficiencies created6935to implement Congress's directives in the TCSA. I urge that Committee6936oversight ensure that these efficiencies remain in place so that all6937funding for tribally-controlled schools is made available through a6938single agency.6939---------------------------------------------------------------------------6940    \19\ 25 U.S.C.  2503(a) (emphasis added).6941---------------------------------------------------------------------------6942    Given my existing concerns with the BIE's accountability to its6943statutory mandates, and management deficiencies documented by the6944Government Accountability Office (GAO) associated with high staff6945vacancy rates, the possibility that the BIE would be charged with6946administering additional awards from the breaking-up of existing6947programs from another agency is deeply troubling. For this reason, it6948is essential that the staff and funding levels of current education6949programs be maintained. Already I have seen changes over the past6950decade, where the BIE has attempted to restructure and centralize its6951administrative offices to improve effectiveness, which has ultimately6952served to make the BIE less accessible and less accountable to Tribal6953communities. Local, Tribal control of tribally-controlled schools is6954the only way to provide Native students with high-quality education.6955Further, restructuring should only be undertaken for the purpose of6956``facilitate[ing] Indian control of Indian affairs in all matters6957relating to education'' \20\ through consultation.6958---------------------------------------------------------------------------6959    \20\ 25 U.S.C.  20ll(a).6960---------------------------------------------------------------------------6961    Our students should not have their opportunities burdened or6962diminished because vital programs and funding are delayed or reduced6963because federal officials are being directed to put their energies into6964creating new organizational charts and administrative processes.6965Additionally, based on my experience, when the federal agencies6966restructure or create new bureaucratic processes, those agencies then6967impose corresponding procedures and requirements on tribally-controlled6968schools, which distract teachers and administrators from their core6969responsibilities of providing quality educational opportunities to our6970students. Congress anticipated such intrusions into school6971administration and prohibited the bureaucracy from requiring tribally-6972controlled schools from producing any reports beyond those expressly6973identified in the TCSA. \21\6974---------------------------------------------------------------------------6975    \21\ 25 U.S.C.  2503(b)(l).6976---------------------------------------------------------------------------6977    I am concerned that administrative restructuring could further6978increase the concentration of funding stuck in federal bureaucratic6979processes and not reach the students who these programs are intended to6980serve. As this Committee is aware, Congress has directed that6981``[n]otwithstanding any other provision of law, Federal funds6982appropriated for the general local operation of Bureaufunded schools6983shall be allotted pro rata in accordance with the [Indian School6984Equalization Formula].'' \22\ Yet, contrary to this clear directive,6985over the past few years, the BIE has taken a disproportionate share of6986Congressional funding increases to expand its own administrative6987bureaucracy at the expense of both BIE-operated schools and tribally-6988controlled schools. A federal bureaucratic realignment poses tangible6989risks of delays and reductions to the funding delivered to the local6990level.6991---------------------------------------------------------------------------6992    \22\ 25 U.S.C.  2007(b).6993---------------------------------------------------------------------------6994    Tribally-controlled schools typically receive the smallest share of6995this disproportionate funding allocation, as the BIE has prioritized6996certain funding to BIE-operated schools. This proliferation of the6997BIE's bureaucracy has ultimately diverted federal funds away from their6998intended purpose: the provision of culturally-informed, high-quality6999education to Native students.7000    If Department funding, which is currently routed and awarded7001through the BIE, is restructured to involve new and additional agencies7002that lack experience working with Tribal Nations and Native education7003programs, these existing funding allocation challenges would likely7004only worsen. Any decrease or delay in funding would put Native7005students--on whom the system should be focused on helping--in the7006crossfire. Maintaining a student-oriented focus is of paramount7007importance.7008Funding for Native Education Programs Should Under No Circumstances Be7009        Distributed to State Governments7010    Because the Executive Order contemplates ``return[ing] authority7011over education to the States,'' I note that the role of State7012governments in the area of Native students' education should not7013change. Importantly statutory provisions require that funding7014allocations, such as for funding authorized pursuant to the ESEA, be7015provided directly to the Secretary of the Interior, meaning that the7016provision of these funds directly to the States would not be7017statutorily permissible. \23\ Because the Department's administration7018of Native education programs carries out an important element of the7019United States' trust and treaty obligations to provide quality7020education to Native students, the delegation of any of those duties to7021State governments would constitute a serious breach of this duty.7022---------------------------------------------------------------------------7023    \23\ See, e.g., 20 U.S.C.  6331 (a)(requiring Secretary of7024Education to reserve a certain percentage of funding to be provided to7025the Secretary of the Interior).7026---------------------------------------------------------------------------7027Conclusion7028    For all the reasons stated above, I urge the Committee to exercise7029its authority to the fullest extent to ensure that Native students7030continue to receive a culturally-informed, high-quality education and7031that Native students are not harmed by any efforts to dismantle the7032Department--whether intentionally or as collateral damage. Our students7033must remain the focus of our work. I appreciate your efforts to uphold7034the United States' trust and treaty obligations to Tribal Nations,7035including the Sac and Fox Nation, and for the education of their7036children.7037                                 ______70387039  Prepared Statement of Hon. Austin Lowes, Chairman, Sault Ste. Marie7040                       Tribe of Chippewa Indians7041    As Chairman of the Sault Ste. Marie Tribe of Chippewa Indians, I7042submit for the record our testimony for the Committee's hearing on the7043impacts of Executive Order 14242 to dismantle the Department of7044Education, agency RIF or reorganization actions, school choice, or7045other executive actions to K-12 and higher education schools and7046programs that receive funding and support from the Department of7047Education and serve American Indian, Alaska Native, and Native Hawaiian7048students. My people have lived in our territory in the Upper Peninsula7049of Michigan since time immemorial. We were federally recognized in70501972. We have a total enrollment of 51,943 citizens making us the7051largest federally recognized tribe east of the Mississippi. Roughly 1/37052of our people live in a Tribal Service area, 1/3 across the State of7053Michigan and 1/3 outside of Michigan.7054    Like many tribal communities Nationwide, Sault Tribe children are a7055product of forced assimilation throughout the Federal Indian Mission7056and Boarding school era. Our children suffered public-school racial7057segregation including bussing tribal children from across the district7058to be concentrated in the Finlayson public school often referred to as7059the ``Indian School'' due to maintaining about 70 percent Native7060American student enrollment with the remaining 30 percent of the pupils7061from the adjacent low-income housing neighborhood. Ironically, the year7062the Indian Self Determination and Education Assistance Act (ISDEAA,70631975), the public schools imposed a one year long failed Open Concept7064experiment on our students at the ``Indian school''. Hurriedly7065constructed to segregated Indian students, the Finlayson school was the7066first to close at the tail end of the Baby Boom at which time the Sault7067Tribe acquired the building for governmental purposes. In 1992, the7068Tribe made the decision apply for Bureau of Indian Affairs funding to7069operate a tribal grant school on the Reservation in the former7070Finlayson School. No federal funds were afforded the Tribe to build or7071renovate the school which remains true to this day given the estimated7072two-hundred-year backlog of new school construction. The Joseph K.7073Lumsden Bahweting, Public School Academy (JKL) is both a Tribally7074Controlled Tribal Grant School funded by the Bureau of Indian Education7075as well as a Michigan Public Charter school. Our school does not have7076the ability to levy school millages to otherwise fund district level7077services. JKL has an enrollment of 642 students, which is 52 percent of7078our K-8 population within Chippewa County. During each successive7079school facility and grade expansion, we have a waiting list of up to7080250 applicants. The Tribe opened the school to provide a learning7081environment that supports our students and give them a path to success.7082At that time, our students had low test scores in both reading and7083mathematics and over half of our students were not graduating from the7084local public high school.7085    I am happy to report we have achieved a measure of success, but it7086is important to note that this success is available for only one of7087nine reservation-based communities sprawled across the Tribe's seven7088county service area. Today 31 percent of our JLK students score at or7089above the proficient level for math, and 42 percent score at or above7090that level for reading. Our students face difficult life situations7091with 6 percent of them experiencing homelessness, and some living in7092foster or other out-of-home placements. Not atypically, our communities7093suffer from many of the same outcomes as other Tribal Nations with7094respect to historical and intergenerational trauma as documented by the70952018 US Civil Rights Commission Broken Promises Report. Thus, our need7096for school and district services is greater and our teachers must be7097more than educators, they must be counselors, nurses and social workers7098to our students. It is testament to our school team and their diligence7099that our students are experiencing the success that they do. However,7100this would not be possible without the federal Indian Education7101Programs that support our schools and Tribal education program.7102    Today, the JKL School represents the very best intent of school7103choice. Our parents (including myself) choose JKL for the education our7104children, because it is a place that recognizes and respects our7105history, our culture, and the importantly the past harm of federal7106Indian policy--from, genocide, assimilation, boarding school to7107termination. As we enter the 50th anniversary of enactment of ISDEAA,7108we insist that any change, in federal Indian education policy must be7109done with a goal of strengthening Tribal Self-Determination and7110sovereignty over the education of our children. To do otherwise, would7111mean rolling backwards and would undermine the success we have achieved7112in the last thirty years. Thus, any effort to allow ``school choice''7113to route BIE funds away from Tribal Grant Schools, must be rejected.7114The Administration and Congress must work to find ways to strengthen7115and expand Tribal self-determination in the operation of Tribal and BIE7116operated schools.7117    While our school is award-winning at both the state and National7118levels, only 6 percent of our total school aged population are able to7119attend the school given a scarcity of federal funding for this purpose.7120This means that the vast majority of our school aged population attend7121public schools within our territory and in fact throughout the country.7122Our statistics at 6 percent mirror National data among tribes with an7123estimated 9 percent of American Indian Alaska Native students attending7124BIE school and the remaining 91 percent left to attend public schools.7125Again, the Broken Promises Report has a documented high school dropout7126rate disparity no better today than it was in 1969 when the seminal7127Kennedy Report was published. Think of it, the only population of U.S.7128citizens with a direct Constitution right to an education persist in7129suffering the worst high school graduation rate. This is why the7130programs with the Department of Education are so critical, including7131Title VI, Part A and Part B (Indian Education Programs), Impact Aid7132(Assistance to school districts with federal and tribal lands), and7133Title I programs (support for low income school districts), and the7134Johnson O'Malley Program (educational support Indian students in public7135schools) within the Bureau of Indian Education.7136    Tribes pre-paid in full for this unique education right pursuant to7137treaties which ceded nearly two billion acres of Indian ceded7138territory, which made this county great and guaranteed our American7139Indian and Alaska Native the right to health, education and social7140welfare into perpetuity. The Sault Ste. Marie Tribe and four other7141Michigan Tribes ceded 14 million acres of Indian land in the 18367142Treaty of Washington which qualified MI to become a state one year7143later and which promised that the United States would provide and7144support the health, education and welfare of our citizens. Recently, I7145visited the National Archives to see the actual treaty our ancestors7146signed and was inspired to remind the federal government that a Nation7147is only as good as it's word. This historical record is critical to7148understanding that any modern reforms to public education must retain7149the full recognition and honoring of the treaty and trust obligation to7150education. The statutory mechanisms found in the Elementary and7151Secondary Education Act (ESEA) and its subsequent reauthorizations, are7152how the federal government has determined it can best fulfill its7153treaty and trust responsibility to Tribes. Thus, any change in these7154statutorily created programs requires consultation and full engagement7155with Tribal governments.7156    It is well documented that federal policies of war, assimilation7157and termination, resulted in historical and intergenerational trauma7158and a systemic lack of opportunity, that only in the last fifty years7159have Tribes begun to heal and overcome--again through the policy of7160self-determination and the support of federal law. Significantly, in7161the last fifty years, Tribes have established Tribal Education7162Agencies, that State and Local Education Agencies now engage with to7163ensure that the need of Indian students are being met. Beyond this, the7164U.S. Department of Education, to date, has played the key role in7165ensuring State and Local Education Agencies comply with federal law and7166work with Tribes to ensure that the needs of Indian students in public7167schools are being met consistent with federal law. This requires7168professional competency from those in federal service and with recent7169layoffs and federal buyouts we are concerned that this competency will7170be lost. We are concerned that the direction to dismantle the7171Department Education is being done without the appropriate level of7172consideration and formal Tribal consultation about how best to ensure7173the federal-tribal relationship with regard Indian Education is7174maintained. Intentional or collateral damage, reducing the federal7175bureaucracy for implementation of the treaty and trust obligation is7176nonetheless an abrogation of the treaty and trust obligation. The risk7177is too high to make mistakes and then to try and go back and correct7178them. Instead, we call on the Administration to engage in formal7179government-to-government consultation consistent with Executive Order718013175 signed in 2000 and subsequent Presidential Memorandum extending7181Consultation for the last quarter of a century. The Administration is7182urged to work with the Congress to determine the best way to ensure7183that Indian Education programs are maintained and expanded to prosper7184in the future. Relatedly, we are concerned with proposals that students7185could take federal dollars and use them as a voucher for private or7186parochial school tuition. While American Indian Alaska Natives have a7187diverse set of spiritual and cultural values and practices, continuing7188the legacy for religious education to assimilate Native students is7189culturally inappropriate and violates both the First Amendment of the7190US Constitution and the Indian Religious Freedom Act of 1978. Making7191decisions without out consultation and consent, is contrary to the7192government-to-government relationship that exists between Tribes and7193the federal government. Under no circumstances should this be allowed7194no matter how benevolent the intent. Making such decisions without our7195consultation or consent is not choice but rather a legacy of7196paternalism which harkens back to when American Indians were considered7197wards of the state and incapable of self-determined decisionmaking of7198true sovereigns.7199    Any effort to reform public education must not adversely impact7200Indian education and the efforts to undue the more than 200 years of7201policy that was intended to ``kill the Indian and save the man''.7202Certainly, reforms in Indian education can and should be looked at by7203all stakeholders--Tribal government, Tribal parents, and our tribal7204students, as well as our partner federal government agencies. But,7205again, the responsibility for ensuring that Tribes have the resources7206that we need to ensure the education success of our Tribal members7207rests with the United States government. For Tribal Nations, harkening7208back to state dominion or local district control threatens to7209subordinate of sovereignty. The treaty and trust obligation for an7210education must not be a discretionary decision of the states or school7211districts that are already failing to successfully educate our7212students. Thus, we join the chorus of Tribal Nations who during the BIE7213Consultation session on March 14, 2025 strongly opposed a voucher7214system that would erode the BIE obligation to educate our children. We7215support the National Indian Education Association in calling on7216Congress and the Administration to ensure that federal programs and7217funding for Native education are maintained and expanded at every7218level.7219    One area that is frequently left out when we talk about Indian7220education, is early childhood education--which is largely funded and7221administered through the Department of Health and Human Services with7222some disability services budgeted under the Department of Interior.7223Research demonstrates that early childhood education like Tribal Head7224Start significantly improves school readiness and contribute to7225academic long-term outcomes. AIAN children enrolled in early childhood7226programs experience sustained positive outcomes through high school and7227postsecondary education. Unfortunately, due to underfunding only 44,0007228AIAN students were served by Tribal Head Start in 2020-2021 out of the7229756,000 age-eligible children. With recent studies showing remarkable7230benefits to AIAN students attending early childhood education7231programs--which shows to be more impactful long-term for AIAN students7232than for non-AIAN students--it is imperative that Tribal Head Start and7233Tribally controlled early childhood programs be expanded and means-7234tests eliminated as benefits of land cessation to states and the7235federal government are not means-tested. Equity in AIAN education7236starts before kindergarten; ensuring equity in early childhood7237education for AIAN students benefits them for the entirety of their7238educational careers. We are particularly concerned about the7239terminations that have occurred within the HHS in both the Head Start7240Offices, in particular we are concerned with the possible elimination7241of the Tribally designated Head Start Region, as well as the other7242agencies within HHS that provide support for Tribes and Tribal7243families, including the Administration for Community Living and the7244Administration for Native Americans, which funds most tribal language7245programs. These programs ensure children and families have some support7246as they work to improve their lives. We urge Congress to examine these7247staff and programmatic changes and ensure that Tribal Head Start and7248Early Child Education programs are protected and are able to continue7249to serve the children and families who need these programs.7250    Finally, the maintenance and administration of the treaty and trust7251obligation has long been non-partisan and must remain so.7252Notwithstanding stated attempts to confront big government bureaucracy7253and the looming federal deficit crisis, the less than .4 of one7254percentage currently budgeted to honor the treaty and trust7255obligation--while the proportion of American Indian Alaska Natives is7256over 2.6 percent of the population--is not the cause and therefore7257should not be the solution to balancing the federal budget. Tribal7258Nations expect the federal government to honor the treaties which means7259an expansion of funding not an abrogation of this obligation through7260draconian bureaucratic cuts that--intentional or not--adversely impact7261Tribal Nations and serve as an abrogation of the trust obligation.7262    In conclusion, thank you for giving my Tribe the opportunity to7263comment.7264                                 ______72657266 Prepared Statement of Dr. Sherry Johnson, Tribal Education Director,7267                        Sisseton-Wahpeton Oyate7268    I am Dr. Sherry Johnson, one of the Great Plains Tribal Education7269Directors and Appointed Tribal Consultation representatives for all7270matters in Education and Research for the Sisseton-Wahpeton Oyate, a7271treaty tribe, of the Lake Traverse Reservation.7272    We, the undersigned Tribal Education Directors--appointed by the7273nine federally recognized Tribal Nations located within South Dakota--7274serve as the designated education authorities for our sovereign7275governments. Together, we unequivocally oppose Executive Order 14242,7276Eliminating the U.S. Department of Education, which was issued on March727720, 2025, without Tribal consultation. This action represents not only7278a betrayal of trust but a direct violation of the United States7279government's legal and moral obligations to our Nations and youth.7280    More than 90 percent of Native students in South Dakota, including7281those from the Oceti Sakowin Nations, attend public schools that depend7282on U.S. Department of Education funding. These funds are critical to7283the delivery of Title programs, Native language preservation, Impact7284Aid, early childhood and special education, and access to higher7285education. Eliminating the Department would sever an essential federal7286mechanism for oversight, fairness, and accountability--leaving our7287students vulnerable to systems that have historically excluded,7288ignored, or harmed them.7289    The trust and treaty obligations of the federal government in7290Indian education are not aspirational. They are the law. They are7291codified in statutes including the Indian Self-Determination and7292Education Assistance Act (P.L. 93-638) and the Tribally Controlled7293Schools Act (P.L. 100-297)--laws that mandate direct support to Tribal7294governments. These responsibilities cannot be delegated to the states.7295The federal government must maintain a direct, government-to-government7296relationship with Tribes. Block grants, restructuring, or agency7297transfers do not--and cannot--absolve the United States of its binding7298legal duties.7299    This Executive Order was issued without any Tribal consultation, in7300direct violation of federal policies and executive directives that7301require meaningful engagement with Tribal governments on matters that7302affect our citizens. The failure to consult is not a bureaucratic7303oversight--it is a fundamental breach of sovereignty.7304    At a time when Native students already endure some of the most7305persistent opportunity gaps in the nation, this proposal would7306dismantle one of the few federal structures capable of addressing those7307disparities. It would fragment services, weaken protections, and create7308confusion in the delivery of essential educational supports.73097310    This is not reform. This is erasure.73117312    We call on every member of Congress to act swiftly and decisively:73137314   Block implementation of Executive Order 14242.73157316   Protect the U.S. Department of Education from dissolution.73177318   Affirm the federal government's ongoing responsibility to7319        Native students and sovereign Tribal Nations.73207321    Anything less is not only unjust--it is unlawful. We will not stand7322by as promises made to our Nations are broken. Our students deserve7323more than symbolic inclusion--they deserve the full force of the7324federal commitments made to them through law, treaty, and trust.7325    Thank you for the opportunity to share my written comments.7326                                 ______73277328   Prepared Statement of Danielle Walking Eagle, Superintendent, St.7329                         Francis Indian School7330    Chairwoman Murkowski, Vice Chairman Schatz, and Members of the7331Senate Committee on Indian Affairs, thank you for the opportunity to7332submit this written testimony for the record. I appreciate the7333Committee's leadership in holding this important hearing to examine7334federal education programs that serve Indian students and to confront7335the consequences of the President proposed dismantling of the U.S.7336Department of Education (DOE).7337    My name is Danielle Walking Eagle, St. Francis Indian School7338Superintendent, St. Francis, SD, and I write to underscore the profound7339risks such a proposal poses to Indian Country and to urge Congress to7340act decisively to protect the federal government's treaty and trust7341responsibility by continuing to fund critical program necessary for the7342education of our children.7343The Federal Trust Responsibility7344    One of the pillars of the federal government's trust and treaty7345responsibility is to provide education to American Indian, Alaska7346Native, and Native Hawaiian students. These obligations are enshrined7347in the U.S. Constitution, treaties, statutes, and longstanding federal7348policy. They are not discretionary programs that can be discarded or7349devolved to the states at the whim of any administration. They are7350legal and moral promises that must be honored.7351The Risks of Eliminating or Reorganizing DOE Programs7352    The President's proposal to dismantle the Department of Education,7353and the executive actions already underway to restructure it, pose7354immediate and long-term threats to Indian education.73557356    Among the specific problems:73577358        1. Violation ofTreaty and Statutory Obligations: States are not7359        party to federal treaties with tribal nations and have no legal7360        duty to uphold the trust responsibility. Shifting education7361        programs that support Indian education to the states would7362        effectively abandon those commitments. The treaty and trust7363        responsibility required education to be provided for hundreds7364        of tribes, including the 1868 Treaty of Fort Laramie. These7365        treaties are recognized as the supreme law of the land & quote;7366        under the U.S. Constitution (Article VI) and the Supreme Court7367        decision in Worcester v. Georgia (1832), which reaffirmed that7368        these obligations must be honored. This country owes a great7369        deal to tribal people who agreed to cede billions of acres of7370        land and trillions in valuable natural resources through such7371        treaties--including gold, coal, timber, oil, natural gas,7372        steel, and iron--the United States could not have achieved the7373        great heights of its success or provided refuge for millions of7374        immigrants seeking freedom of religion and opportunity. In7375        exchange, one of the core promises of these treaties and trust7376        responsibilities is the education of Indian children. Further,7377        the lack of tribal consultation violates federal law under 257378        USC  2011, 25 USC  2501 (b), and Yankton Sioux Tribe v.7379        Kempthorne in the federal government requirement to provide7380        ``fair notice of agency intentions.'' Further, many other7381        federally funded programs for Indian children also require7382        federal consultation. Johnson-O'Malley requires Indian7383        Education Committee (IEC) for educational planning and7384        approval. 25 U.S.C.   5344(c)(l)(B). Specifically, ``The7385        program shall be developed and approved in full compliance with7386        the educational plan developed under this subsection and shall7387        be approved by the Indian Education Committee.'' Title VI7388        requires an Indian Parent Committee (IPC) and documented7389        consultation with parents and Tribes. 20 U.S.C.   7424(c).7390        Specifically, the IPC must be involved in the development,7391        approval, and evaluation of the application and program. ``The7392        local educational agency shall develop the program in open7393        consultation with parents and families of Indian children,7394        representatives of Indian Tribes . . . and with the Indian7395        parent committee.'' Applications for Title VI funding must7396        include written evidence of consultation. 20 U.S.C.7397        7424(c)(3). Such application shall include a description of the7398        manner in which the local educational agency will ensure that7399        Indian children participate in the program on an equal basis7400        with all other children served by the local educational agency.7401        And finally, ``Each affected LEA shall consult with appropriate7402        officials from Indian tribes or tribal organizations prior to7403        the LEA's submission of a plan or application. . .'' 20 U.S.C.7404          7918 (ESSA Section 8538). The consultation requirements are7405        not menial; they are a treaty and trust obligation, part of the7406        United States policy, and statutory requirements that must be7407        fulfilled.74087409        2. Loss of Culturally Relevant Education: Programs like Title7410        VI--Indian Education (formerly known as Title IV, Title V, and7411        Title VII), the Alaska Native Education Program (ANEP), and7412        Native Hawaiian Education grants fund language revitalization,7413        tribal history curriculum, and culture-based learning. These7414        efforts are rooted in the community and cannot be replicated7415        through generic state programming.74167417        3. Disruption of Direct-to-Tribe Funding: DOE programs provide7418        direct support to tribes, tribal colleges, and local7419        educational agencies. Moving these funds through states would7420        undermine tribal sovereignty, introduce bureaucratic delays,7421        and increase the risk of misallocation.74227423        4. Loss of Institutional Knowledge and Staffing: DOE currently7424        employs Indian-serving professionals who have longstanding7425        relationships with tribal communities. Recent administrative7426        actions have already led to the removal or reassignment of key7427        staff. Further restructuring could permanently and7428        detrimentally hurt this institutions' expertise.74297430        5. Threats to Tribal Colleges and Universities (TCUs): TCUs7431        rely on DOE-administered Title Ill funding, Pell Grants, and7432        other supports. Funding delays or redirection through states7433        could threaten accreditation and force program cuts, damaging7434        tribal self-determination and economic development.74357436        6. Delayed and underfunding of critical assistance to the7437        Bureau of Indian Education funded schools: The Administration's7438        March 14, 2024, Reduction in Force (RIF) has already caused7439        severe delays of Congressionally appropriated funds meant to be7440        transferred from DOE to the BIE. The March RIFs included all7441        the Business Managers/Budget Analyst that transfer Title7442        funding to Bureau of Indian Education schools and Counties(non-7443        lndian Schools). Title funding is transferred in two7444        distributions, one at 30 percent in the Fall and another at 707445        percent, in early Spring. Currently, all BIE-funded schools in7446        South Dakota, New Mexico, and Arizona that we have confirmed7447        have not received the 70 percent outstanding distributions, in7448        South Dakota alone.74497450        7. Absence of a Transition Plan: There has been no public or7451        tribal consultation regarding where these programs would go,7452        how they would be administered, or how continuity would be7453        preserved. The lack of transparency and planning not only7454        heightens the danger to continued education for Indian students7455        and tribal communities.74567457    Recommendations to Preserve and Strengthen Native Education7458Congress must act to protect Indian education from administrative7459overreach. I respectfully offer the following recommendations:74607461        1. Codify Key Programs: Permanently authorize and fund Title7462        VI, Impact Aid, ANEP, Johnson O'Malley, and Title Ill programs7463        in federal statute to insulate them from executive action.74647465        2. Mandate Tribal Consultation: Enforce and strengthen tribal7466        consultation requirements for any agency changes affecting7467        Indian education.74687469        3. Protect Direct Funding Structures: Ensure that funding7470        continues to flow directly to tribes, tribal consortia, TCUs,7471        BIEFunded Tribally Controlled Schools, and Indian-serving7472        schools without state intermediaries.74737474        4. Establish a Statutory Office of Indian Education: Create and7475        fund a permanent office within the Department of Education to7476        protect Native-serving staff and preserve institutional7477        knowledge.74787479        5. Support TCU Autonomy: Pass legislation such as the Haskell7480        Indian Nations University Improvement Act to strengthen the7481        governance and independence of tribal colleges. 6. Fully Fund7482        Federal Commitments: Fully appropriate authorized levels for7483        Impact Aid, IDEA t ribal set-asides, Title I, and Title Ill.7484        Ensure timely disbursement of funds.74857486Conclusion7487    The federal commitment to Indian education is not a program to be7488cut, but a treaty and trust responsibility to be kept. Congress must7489ensure that Indian students do not become collateral damage in a7490misguided effort to dismantle federal education infrastructure. Thank7491you for your attention to this critical matter and your continued7492support of Indian students, families, and educators across Indian7493Country.7494                                 ______74957496    Prepared Statement of Vanamberg, Rogers, Yepa, Abeita, Gomez &7497                             Wilkinson, LLP7498    This testimony is submitted on behalf of our clients, the Pueblo of7499Taos, the Chitimacha Tribe of Louisiana and the Mississippi Band of7500Choctaw Indians, pursuant to the Senate Indian Affairs Committee's7501invitation for Tribal Testimony on various Executive Orders and related7502actions which may impact existing Indian education programs and7503funding.7504    Specifically, the Committee has invited Testimony regarding ``the7505impacts of Executive Order 14242 to dismantle the Department of7506Education, agency RIF or reorganization actions, school choice, or7507other executive actions to K-12 and higher education schools and7508programs that receive funding and support from the Department of7509Education and serve American Indian, Alaska Native, and Native Hawaiian7510students.''7511    Our clients appreciate this opportunity to submit Testimony on7512these issues.7513    In regard to the Executive Order 14242 aimed at dismantling the7514U.S. Department of Education, our clients' main concern is that no7515actions be taken per that Order that would disrupt the existing flow of7516Federal Education funding to Tribally Controlled schools operating per751725 U.S.C.  5301 or 25 U.S.C.  2501 et seq. or to BIE operated7518schools, all required by the controlling statutes. We have previously7519submitted Comments to the U.S. Department of the Interior, Bureau of7520Indian Education, on behalf of these clients focused on a different7521Executive Order: ``Expanding Educational Freedom and Opportunity for7522Families.'' See, Exhibit 1. Those Comments identify the existing7523federal educational funding now distributed to Tribally operated and7524BIE operated Indian schools and the controlling federal statutes that7525mandate those funding awards.7526    We submit that nothing done to administratively implement the new7527Executive Order 14242 targeted the U.S. Department of Education can7528lawfully be permitted to disrupt this Congressionally mandated flow of7529those funds to those Indian schools, and request that the Committee7530work with the Trump Administration to ensure that in moving forward7531with Executive Order 14242, that a mechanism be put in place to ensure7532that the existing flow of those federal education funds continue to be7533awarded directly to those Indian schools without being channeled7534through the states. We suggest that the Bureau of Indian Education is7535best positioned to oversee the continuance of those direct funding7536awards to those Indian schools, if the U.S. Department of Education is7537dismantled or otherwise reorganized.7538    Our clients recognize that most Indian students attend public7539schools rather than BIE or Tribally operated schools, and share the7540concerns of the Tribal representatives who raise concerns about the7541adverse impact Executive Order 14242 might have on Indian education in7542the public schools. But, our clients' primary concern is to avoid7543potential adverse funding impacts on reservation based Indian schools,7544such as those that now exist on their reservation lands.7545    In this regard, we also here incorporate by reference the prior7546Comments attached as Exhibit 1 addressing the harms allowing any kind7547of parental voucher option would cause to those schools if the voucher7548concept in that parental choice Executive Order were carried out. We7549reiterate that, for the reasons set out in those Comments, imposing any7550kind of parental choice voucher plan on either the Indian School7551Equalization Formula funds awarded to those schools per 25 U.S.C.75522001 et seq. or the Department of Education funds now received by those7553schools would devastate many of those schools and would, in any event,7554be unlawful for all the reasons set out in those Exhibit 1 comments.7555    Further, as shown in the Exhibit 1 comments, per 25 U.S.C.  2011 ,7556real Tribal consultation is statutorily required before any changes7557sought per any of these Executive Orders affecting Indian education may7558lawfully be implemented.7559    Finally, our clients wish to express their appreciation of the7560Committee's reaffirmation that the unique legal status of Indian tribes7561under Federal law is in no way derivative of or a part of separate7562diversity, equity and inclusion initiatives repudiated by the present7563Administration, but is instead rooted in the Tribes' status as the7564aboriginal inhabitants of the territory now encompassed by the United7565States and the trust relationship between the Tribes and the Federal7566government. Some detail on this issue is also set out in the Exhibit 17567comments.75687569    Attachment75707571    Exhibit 1--COMMENTS SUBMITTED ON BEHALF OF THE TAOS PUEBLO, THE7572CHITIMACHA TRIBE OF LOUISIANA AND THE MISSISSIPPI BAND OF CHOCTAW7573INDIANS REGARDING  7 OF PRESIDENT TRUMP'S EXECUTIVE ORDER OF JANUARY757429, 20257575Introduction7576    Our clients, the Taos Pueblo, the Chitimacha Tribe of Louisiana,7577and the Mississippi Band of Choctaw Indians, have authorized and7578directed our firm to submit the following comments on their behalf in7579regard to Section 7 of President Trump's Executive Order of January 29,75802025: Expanding Educational Freedom and Opportunity for Families. As7581set out in the Dear Tribal Leader Letter (DTLL) of February 28, 2025,7582these Comments are submitted by e-mail to consultationcomments@bia.edu.7583We note that the DTLL noticing tribal consultation on that Executive7584Order states that this Executive Order was issued January 23, 2025, but7585the actual date on that Executive Order is January 29, 2025.75867587    Section 7 of that Executive Order provides:75887589    Section 7. Helping Children Eligible for Bureau of Indian Education7590(BIE) Schools. \1\7591---------------------------------------------------------------------------7592    \1\ Responsibility for the Bureau of Indian Affairs School7593functions were transferred to the Bureau of Indian Education in 2006.7594Some of the key statutory provisions which control the funding of7595Indian schools predate that transfer and still reference the Bureau of7596Indian Affairs, instead of the Bureau of Indian Education. See, the7597several statutes addressed in these Comments.75987599    Within 90 days of the date of this order, the Secretary of the7600Interior shall review any available mechanisms under which families of7601students. eligible to attend BIE schools may use their Federal funding7602for educational options of their choice, including private, faith-7603based, or public charter schools, and submit a plan to the President7604describing such mechanisms and the steps that would be necessary to7605implement them for the 2025-26 school year. The Secretary shall report7606on the current performance of BIE schools and identify educational7607options in nearby areas. (emphasis added).7608    As described in the Bureau of Indian Education Director's7609Consultation Notice of February 28, 2025:76107611        The EO Section 7 directs the Secretary of the Interior7612        (Secretary) within 90 days to review any available mechanisms7613        under which families of students eligible to attend Bureau of7614        Indian Education (BIE) schools may use their Federal funding7615        for educational options of their choice, including private,7616        faith-based, or public charter schools. EO Section 7 also7617        directs the Secretary to submit a plan to the President7618        describing such mechanisms and the steps necessary to implement7619        them for the 2025-26 school year. (emphasis added)76207621I. The Taos Pueblo7622    The Taos Pueblo is a federally-recognized Indian Tribe located7623within the State of New Mexico. Taos is a small Tribe with a7624traditional form of government and a steadfast adherence to its7625traditional customs, traditions and ways of life. Taos retains its7626ancestral language, its ancestral religion and its culture at a7627location it has used and occupied for over a thousand years. See Pub.7628L. 91-550, Act of December 15, 1970, 84 State. 1970, the bill by which7629Taos' Sacred Blue Lake and surrounding land was returned to them.7630    The Bureau of Indian Education operates a federally-funded Day7631School for grades K-8 on the Pueblo's grant land. That school was a7632Catholic mission school established in 1893. In 1910, the school came7633under the administration of the U.S. government and the mission school7634transitioned into what is now known as the Taos Day School operated on7635the pueblo by the BIE.7636    That school has approximately 97 Indian students, all of whom are7637Taos Pueblo members.7638    The Taos Day School plays an important role in helping the Tribe to7639retain and maintain its traditional language and culture.7640II. The Chitimacha Tribe of Louisiana7641    The Chitimacha Tribe of Louisiana is a federally-recognized Indian7642Tribe located within what is now Louisiana. It is the only tribe in7643Louisiana to still occupy its ancestral lands. Following twelve years7644of war against them, the enslavement and deportation of many of the7645Tribe's members, and land disputes, the last fragment of Chitimacha7646lands were put into trust. The process started in 1916 and was7647completed in 1919. Since 1970, the Tribe has operated under a7648constitutional form of government as required by the Indian7649Reorganization Act of 1934, but cultural traditions, history and7650language have continued and thanks to revitalization efforts, all7651students at the Chitimacha Tribal School are taught these important7652parts of their cultural identity. The Chitimacha Tribal School is a7653tribally-controlled school, presently serving 114 students for Grades7654K-8.7655    This school was first established in 1934. In 1978, the Tribe7656opened a new school constructed with federal funding, and that school7657became a Tribally-controlled school in 1991.7658    The Chitimacha Tribal School does an excellent job educating their7659students. The school was recently recognized as a National ESEA7660(Elementary and Secondary Education Act) Distinguished School which7661confirms the high level of its ``current performance as a BIE school.''7662``Nearby options'' are inferior due to lack of certified teachers and7663school performance scores. They also do not offer any cultural7664education or activities that are integral to student success. The7665Chitimacha Tribal School plays a critical role in helping the Tribe7666retain and maintain its traditional language and culture.7667III. The Mississippi Band of Choctaw Indians7668    The Mississippi Band of Choctaw Indians (MBCI) is a federally7669recognized Indian Tribe organized under a tribal Constitution first7670adopted in 1945. U.S. v. John, 437 U.S. 634 (1978).7671    The MBCI directly operates the largest tribally-controlled school7672system in the United States. The Choctaw Tribal School System is fully7673accredited by the Mississippi Department of Education and by AdvancED,7674with six elementary schools, one middle school, and one high school7675with a dorm to house residential students. Those schools now serve7676approximately 2,080 students. Choctaw Central High School was built in76771964 and the Tribe assumed control of that high school and the other7678schools for the lower grades in 1989 per the Tribally-Controlled7679Schools Act, 25 U.S.C.  2501 et seq.7680    These Choctaw schools play an important role in helping the Tribe7681retain and maintain its traditional language and culture. The schools7682offer cultural enrichment and language courses beginning in pre-7683kindergarten through twelfth grade. The school district's vision is in7684pursuing excellence and believing that Alla momat ikkana chih, (all7685children will learn), Choctaw Tribal Schools strive to provide a7686healthy, safe, community-based, culturally relevant and inspiring7687learning environment for students.7688IV.7689    These schools' operational funding is provided by annual7690Congressional appropriations made to find the Indian School7691Equalization Formula (ISEF) established by the Congress at 25 U.S.C.76922007, by other federal educational program funding passed through to7693the BIE for its direct expenditure, or to tribally-controlled schools7694for their direct expenditure, to support the educational programs those7695schools provide, or by other direct federal grants to those schools.7696See, 25 U.S.C.  2503(a)(3), \2\ referencing other federal funds the7697Congress has directed to be made accessible to BIE funded schools, to7698wit:7699---------------------------------------------------------------------------7700    \2\ President Trump issued an Executive Order on March 20, 20257701which calls for the dismantling of the U.S. Department of Education,7702and the transfer of Title 20 funding appropriated to the Department to7703``States and local communities while ensuring the effective and7704uninterrupted delivery of services, programs, and benefits on which7705Americans rely'' all ``subject to rigorous compliance with federal7706law'' and consistent with ``administrative policy terminating ``any7707program or activity receiving federal assistance implementing7708``diversity, equity and inclusion'' policies. The Executive Order does7709not mention how Indian school funds now awarded to tribally-controlled7710schools and BIE operated schools will be continued. Whatever the fate7711of that Executive Order, the statutory requirement at 25 U.S.C.  25037712that Title 20 funding appropriated to that department and which must be7713passed through to BIE-funded schools will remain in force. Thus, some7714means or mechanism to ensure that the same categories and l12vel of7715funding now received by those schools continue to flow through to them7716must be put in place before any changes are made that would affect that7717flow of funds per that Executive Order. Simply transferring those Title771820 funds to the States will not satisfy that statutory requirement.7719Separate tribal consultation on that means or mechanism will also be7720required per 25 U.S.C.  2011.77217722        (i) title I of the Elementary and Secondary Education Act of7723---------------------------------------------------------------------------7724        1965 [20 U.S.C. 6301 et seq.];77257726        (ii) the Individuals with Disabilities Education Act [20 U.S.C.7727        1400 et seq.]; or77287729        (iii) any other Federal education law that are allocated to7730        such schools for such fiscal year.77317732    25 U.S.C.  2007 allocates funding to BIE-funded schools, such as7733the Taos Day School, the Chitimacha School, and the Mississippi Choctaw7734Schools, based on the formula set out at  2007(a)(1) and the7735regulations promulgated at 25 C.F.R. Part 39, Subpart B, and7736transportation and O&M funding authorized per 25 U.S.C.  2503(a)(1) &7737(2).  2503(b)(3) makes clear that these same Title 20 funds must be7738made available to support BIE operated schools to the same extent as7739BIE funded tribally-controlled schools, and are to be distributed7740``through the Bureau''.7741    BIE-funded schools include both BIE operated schools (such as the7742Taos Day School) and tribally-controlled schools (such as the7743Chitimacha and Mississippi Choctaw Schools) directly operated by Indian7744tribes (or by tribal organizations authorized by tribes) pursuant to 257745U.S.C.  2501 et seq. See, 25 U.S.C.  2021--Definitions.77467747    (2) Bureau77487749    The term ``Bureau'' means the Bureau of Indian Affairs of the7750Department of the Interior.77517752    (3) Bureau-funded school77537754    The term ``Bureau-funded school'' means( A) a Bureau school;77557756    (B) a contract or grant school; or77577758    (C) a school for which assistance is provided under7759TriballyControlled Schools Act of 1988 [25 U.S.C. 2501 et seq.]77607761    (4) Bureau school77627763    The term ``Bureau-funded school'' means a Bureau-operated7764elementary or secondary day or boarding school or a Bureau-operated7765dormitory for students attending a school other than a Bureau school.77667767    *  *  *  *77687769    (6) Contract or grant school77707771    The term ``contract or grant school'' means an elementary school,7772secondary school, or dormitory that receives financial assistance for7773its operation under a contract, grant, or agreement with the Bureau7774under section 450f, 450h(a), or 458d of this title, or under the7775Tribally-Controlled Schools Act of 1988 [25 U.S.C. 2501 et seq.]7776    The ISEF formula allocates the core federal funds appropriated by7777the Congress to support the operation of these Indian schools and is7778intended to determine ``the minimum annual amount of funds necessary to7779sustain each Bureau-funded school''. (emphasis added) Per77802007(a)(l)(A), the primary component in that formula is ``the number of7781eligible Indian students served and total student population of the7782school,'' but the formula may generate greater ISEF funding for a BIE-7783funded school based on various special cost factors set out at77842007(a)(l)(B)-(E).77857786    Section 2007(b) provides that:77877788    (b) Pro rata allotment Notwithstanding any other provision of law,7789Federal funds appropriated for the general local operation of Bureau-7790funded schools shall be allotted pro rata in accordance with the7791formula established under subsection (a) of this section. (emphasis7792added)77937794    Also, 25 U.S.C.  2010(a) provides:77957796    The Secretary shall establish, by regulation adopted in accordance7797with section 2016 of this title, a system for the direct funding and7798support of all Bureau-funded schools. Such system shall allot funds in7799accordance with section 2007 of this title. All amounts appropriated7800for distribution in accordance with this section shall be made7801available in accordance with paragraph (2). (emphasis added)78027803    Finally, 25 U.S.C.  2007(f)--Eligible Indian student defined,7804provides:78057806    (f) Eligible Indian student defined78077808    In this section, the term ``eligible Indian student'' means a7809student who--78107811    (1) is a member of, or is at least one-fourth degree Indian blook7812descendant of a member of, a tribe that is eligible for the special7813programs and services provided by the United States through the Bureau7814to Indians because of their status as Indians;78157816    (2) resides on or near a reservation or meets the criteria for7817attendance at a Bureau off-reservation home-living school; and78187819    (3) is enrolled in a Bureau-funded school. (emphasis added)78207821    25 U.S.C.  2007(d)(l) requires that the Secretary of the Interior7822reserve one (1) percent of the ISEF fund appropriations as follows:78237824    (d) Reservation of amount for emergencies78257826    (1) In general78277828    The Secretary shall reserve from the funds available for7829distribution for each fiscal year under this section an amount that, in7830the aggregate, equals 1 percent of the funds available for such purpose7831for that fiscal year, to be used, at the discretion of the Director of7832the Office of Indian Education Programs, to meet emergencies and7833unforeseen contingencies affecting the education programs funded ,under7834this section.7835    But per  2007(d)(2), those reserved funds ``may be expended only7836for education services or programs, including emergency repairs of7837educational facilities, at a school site (as defined by Section78382503(c)(2) of this title).'' (emphasis added)78397840    Section 2503(c)(2) was at some point recodified as  2502(c)(2)--7841Definition of school site. That definition provides:78427843    (2) Definition of school site78447845    For purposes of this subsection, the term ``school site'' means the7846physical location and the facilities of an elementary of secondary7847educational or residential program operated by, or under contract or7848grant with, the Bureau for which a discreet student count is identified7849under the funding formula established under Section 2007 of this title.7850( emphasis added)78517852    These statutes do not permit the reallocation of any of these ISEF7853monies to fund the education of any ``Indian student'' who attends a7854school which is not a BIE-funded school (whether a BIE operated school7855or BIEfunded tribally-controlled school). Indeed, per the statute (257856U.S.C.  2007(f)), no Indian student who is not attending a BIE7857operated or BIEfunded tribally-controlled school (e.g. who is attending7858or intends to attend a ``private, faith-based or public charter''7859school as contemplated by Section 7 of the Executive Order) would7860constitute an ``eligible Indian student'' whose status would trigger7861the allocation of additional ISEF funds for that school for that7862student.7863V.7864    None of the other federal education funding (Title 20 funding)7865referenced in 25 U.S.C.  2503(a)(1) or (b) can lawfully be diverted to7866any private or faith-based \3\ or public charter schools. Instead, 257867U.S.C.  2503 mandates that all such Title 20 federal education funds7868must be made available to serve Indian students who are attending BIE7869funded schools. Even absent the funding requirement set out in  2503,7870these kind of federal education funds can only be awarded to states,7871tribes or local educational agencies; and local educational agencies7872must be public or governmental entities which administer public7873schools. This is made clear by 20 U.S.C.    1400, 1401, 1413--7874Definitions--(19) Local Education Agency, (for Individuals with7875Disabilities Act funds, see FN. 3), by 20 U.S.C.  6301, 6301(a) (for7876Title I funds). The BIE currently awards these and other federal7877education funds to BIE funded schools pursuant to a December 3, 20127878Agreement between the U.S. Department of Interior-Bureau of Education7879and the U.S. Department Indian Education executed under Executive Order788013592 and Section 9204 of the Elementary and Secondary Education Act,7881as amended by the No Child Left Behind Act of 2001. (Copy attached as7882Exhibit A).*This attachment has been retained in the Committee files*7883---------------------------------------------------------------------------7884    \3\ 20 U.S.C.  1401(19) provides: (19) Local educational agency7885(A) In general The term ``local educational agency'' means a public7886board of education or other public authority legally constituted within7887a State for either administrative control or direction of, or to7888perform a service function for, public elementary schools or secondary7889schools in a city, county, township, school district, or other7890political subdivision of a State, or for such combination of school7891districts or counties as are recognized in a State as an administrative7892agency for its public elementary schools or secondary schools. (B)7893Educational service agencies and other public institutions or agencies7894The term includes- (i) an educational service agency; and (ii) any7895other public institution or agency having administrative control and7896direction of a public elementary school or secondary school. (C) BIA7897funded schools The term includes an elementary school or secondary7898school funded by the Bureau of Indian Affairs, but only to the extent7899that such inclusion makes the school eligible for programs for which7900specific eligibility is not provided to the school in another provision7901of law and the school does not have a student population that is7902smaller than the student population of the local educational agency7903receiving assistance under this chapter with the smallest student7904population, except that the school shall not be subject to the7905jurisdiction of any State educational agency other than the Bureau of7906Indian Affairs.7907---------------------------------------------------------------------------7908    This kind of transfer mechanism--by which these Title 20 federal7909education funds are made available to BIE funded schools is mandated by791020 U.S.C.  7423(d) and that agreement make clear that it is intended7911to carry out the Congressional mandate set out at 25 U.S.C.  2503 that7912requires the transfer of the Title 20 funds listed in Section IV.A.7913thereof from the Department of Education to the BIE and then awarded to7914the BIE-funded schools:79157916    IV. ESEA and McKinney-Vento Act Program Funding79177918    A. Purpose of Agreement and Programs Covered79197920    This Agreement presents terms and conditions that set the framework7921for future transfers of funds that Congress appropriates to ED and that7922ED transfers to DOI for use by BIE and BIE funded schools under the7923following programs that Congress has authorized in the ESEA and the7924McKinney-Vento Homeless Assistance Act:79257926    1. ESEA Programs79277928   Section 1003(g). School Improvement Grants79297930   Title I. part A (improving Basic Programs Operated by Local7931        Educational Agencies)79327933   Title II, part A (Teacher Quality Improvement Formula7934        Grants)79357936   Title IV, part B (Rural Education)79377938   Title VII, part A, subpart I (Indian Education)79397940    2. McKinney-Vento Homeless Assistance Act Programs79417942   Title VII, part B (Education for Homeless Children and7943        Youths)79447945    These funding categories are further addressed in the Appendix to7946the Agreement which expressed provides that the listed Title 20 federal7947education funds must be used to support ``the administration and7948operation of BIE and BIE funded schools under all programs identified7949in Section IV. A of the Agreement''. (emphasis added) Per that7950Agreement, the BIE is treated as a State Educational Agency (SEA)7951conduit for all the BIE funded schools, which are recognized as LEAs.7952See, 20 U.S.C.  1401(19)(C)(quoted at FN. 1). And see, 20 U.S.C.79537423(d), which provides that allocation of the Indian education funds7954authorized by that statute must be allocated on the basis of Indian7955students enrolled in those schools:79567957    (d) Schools operated or supported by the Bureau of Indian Education79587959    (1) In general79607961    Subject to subsection (e), in addition to the grants awarded under7962subsection (a), the Secretary shall allocate to the Secretary of the7963Interior an amount equal to the product of--79647965    (A) the total number of Indian children enrolled in schools that7966are operated by--79677968    (i) the Bureau of Indian Education; or79697970    (ii) an Indian tribe, or an organization controlled or sanctioned7971by an Indian tribal government, for the children of that tribe under a7972contract with, or grant from, the Department of the Interior under the7973Indian Self-Determination Act or the Tribally Controlled Schools Act of79741988; and79757976    (B) the greater of--79777978    (i) the average per pupil expenditure of the State in which the7979school is located; or79807981    (ii) 80 percent of the average per pupil expenditure of all the7982States.79837984    The bottom line is that the Title 20 statues authorizing and7985appropriating federal education funds for BIE funded schools do not7986permit the diversion of those funds for ``private or faith-based''7987school, since those non-governmental entities are not LEAs \4\ or7988Indian tribes or tribal organizations; and, more fundamentally, the7989pass-thru Title 20 education funds now awarded to support BIE funded7990schools can only be expended to support the education of eligible7991Indian students attending BIE funded schools. Those funds also cannot7992lawfully be diverted from--BIE funded schools to support the education7993of Indian students attending public charter schools.7994---------------------------------------------------------------------------7995    \4\ The ability of States and the Congress to confer public7996benefits on public schools that are not made available to ``private or7997faith-based schools'' is settled law. Drummond v. Oklahoma Statewide7998Virtual Charter School, 558 P.3d 1 (OK. 2024) (State law allowing7999private religious school to attain status of public charger school8000violates the establishment clauses of the State and Federal8001Constitutions). But, that ruling is now being challenged in the U.S.8002Supreme Court. St. Isadore of Seville Sch. V. Drummond, 2025 WL 288308,8003No. 24-396 (January 24, 2025). Oral argument in this case set for April800430, 2025. See, Exhibit B. If the U.S. Supreme Court were to reverse the8005Oklahoma Supreme Court's ruling in the St. Isadore case, States with8006laws like Oklahoma would not be able to bar the granting of public8007charter school status to otherwise eligible Christian or to non-8008Christian schools, e.g., Muslim schools teaching sharia law, tribal8009schools founded to provide institution in traditional tribal religions8010or other schools involving instruction in other traditional religions.8011See, Church of the Lukumi Babalu Aye, Inc. v. City of Hialeah, 508 U.S.8012520 (1993) (holding that city ordinance banning animal sacrifice8013violated free exercise rights of adherents of Santeria, a traditional8014African religion.)8015---------------------------------------------------------------------------8016    Further, the Taos Day School and the Chitimacha and Choctaw Schools8017barely receive sufficient funding to support their basic school8018operations. Allowing any material portion of their ISEF funding or8019their other federal educational funding to be diverted to fund any8020``private, faith-based or public charter school'' would fundamentally8021undermine their schools' operations and could lead to their closure.8022That kind of backdoor destruction of the School's ability to continue8023operations would cause severe harm to these and other similarly8024situated Indian schools, and would also contravene the core purpose of802525 U.S.C.  2001 et seq. and 25 U.S.C.  2501 et seq.: to maximize8026local tribal control of their children's elementary and secondary8027education.8028    Requiring this kind of funding diversion--reducing the federal8029funds available to pay for the operation of these schools--would risk8030the same kind of harms caused by prior Bureau of Indian Education8031efforts which would have reduced the availability of some federal funds8032intended to support educational and administrative functions in those8033schools, thereby leading to the return of those schools to federal8034control, a policy and outcome rejected by the court in Shiprock8035Associated Schools, Inc. v. United States, 934 F.Supp.2d 1311 (D.N.M.80362011):80378038        The School argues that the Court should interpret Section8039        2008(b)(l) not to prohibit the use of ``direct program funds''8040        for administrative costs, but rather to reflect Congress'8041        aspiration that providing a grant specifically targeted to8042        defray administrative costs, in addition to a grant of direct8043        program funds, would enable tribes and tribal organizations to8044        operate their schools ``without reducing direct program8045        services,'' and ``from resources other than direct program8046        funds.'' The Court finds this interpretation reasonable. If the8047        Court instead were to interpret Section 2008(b)(1) to prohibit8048        the use of ISEP funds for administrative costs, in the absence8049        of sufficient appropriations, the School would lack the8050        resources to continue to administer its Congress' programs8051        independently. And indeed, for several years, Congress has8052        appropriated insufficient funds to cover the School's8053        administrative needs. Accordingly, reading Section 2008(b)(1)8054        to prohibit the use of ISEP funds for necessary administrative8055        functions would force tribes and tribal and tribal8056        organizations to rely on the federal government to run its8057        schools. Such a result would be contrary not only to the stated8058        purpose of the TCSA as whole, but also to a stated purpose of8059        Section 2008(b)(1) itself to enable tribes and tribal8060        organizations to ``provide all related administrative overhead8061        services and operations to ``provide all related administrative8062        overhead services and operations necessary to meet the8063        requirements of law and prudent management practice,'' and to8064        carry out their ``necessary support functions which would8065        otherwise be provided'' by the federal government. ( emphasis8066        added)8067    For the same reasons as held in Shiprock, causing school funding8068reductions for these schools via any kind of parental choice voucher8069program ``would frustrate the Congressional policy which underlies the8070statute (to maximize tribal control of their children in local8071schools), and is therefore ``invalid'' on those grounds alone. Oglala8072Sioux Tribe of Indians v. Andrus, 603 F.2d 707, 715 (8th Cir. 1979).8073    Moreover, these BIE-funded reservation community schools are a8074critical anchor that helps preserve each tribe's culture and ways of8075life. Undermining or destroying those schools' fiscal viability would8076both violate the controlling federal statutes and cause severe harm to8077the affected tribal communities served by those schools.8078VI.8079    The Taos Pueblo has been evaluating the option of assuming direct8080Pueblo control and operation of the Taos Day School per 25 U.S.C.80812501 et seq. The Pueblo has made no final decision on taking that8082action, but the Chitimacha Tribe and the Mississippi Choctaws have8083already taken that action.8084    Neither Tribe knows if  7 of the subject Executive Order was8085intended to apply to tribally-controlled BIE-funded schools operated by8086a tribe per 25 U.S.C.  2501 et seq. or just to BIE operated schools In8087the event that the Executive Order was intended to apply to ISEF8088funding or other federal education funds appropriated and allocated to8089support the operation of tribally-controlled schools, all of the ISEF8090statutory provisions which prohibit reallocation of any ISEF funds away8091from BIE operated schools to non-BIE operated schools would apply with8092equal force to bar any such reallocation of ISEF funds now allocated to8093support the operation of tribally-controlled schools, and there are8094other legal bars to any such reallocation of that funding from8095tribally-controlled schools.80968097    In this regard, the same ``eligible Indian student'' definition8098that to BIE operated schools for the ISEF formula is incorporated by8099reference into 25 U.S.C.  2501 et seq. See, 25 U.S.C.  2511(2)--8100Eligible Indian student:81018102    The term 'eligible Indian student'' has the meaning given such term8103in section 2007(f) of this title.81048105    And, per 25 U.S.C.  2503(b)(2), the grants awarded to tribes or8106tribal organizations to operated BIE-funded schools per  2501 are in8107substance contracts having the same contractual status as Pub.L. 93-6388108contracts awarded to permit direct tribal operation of such BIE-funded8109schools. Section 2503(b)(2) provides:81108111    (2) Schools considered contract schools81128113    Tribally controlled schools for which grants are provided under8114this chapter shall be treated as contract schools for the purpose of8115allocation of funds under section 2006(e), 2007, and 2008 of this8116title.81178118    Further, per  2503(b)(1)(A)&(B), Non-ISEF funds allocated to a8119tribally-controlled school via various other Title 20 education8120programs81218122    . . .shall be subject to the provisions of this chapter and shall8123not be subject to any additional restriction, priority, or limitation8124that is imposed by the Bureau with respect to funds provided under--81258126        (i) title I of the Elementary and Secondary Education Act of8127        1965 [20 U.S.C. 6301 et seq.];81288129        (ii) the Individuals with Disabilities Education Act [20 U.S.C.8130        1400 et seq.]; or81318132        (iii) any Federal education law other than title XI of the8133        Education Amendments of 1978 [25 U.S.C. 2000 et seq.]81348135    (B) Applicability of Bureau provisions81368137    Indian tribes and tribal organizations to which grants are provided8138under this chapter, and tribally-controlled schools for which such8139grants are provided, shall not be subject to any requirements,8140obligations, restrictions, or limitations imposed by the Bureau that8141would otherwise apply solely by reason of the receipt of funds provided8142under any law referred to in clause (i), (ii), or (iii) of subparagraph8143(A). (emphasis added)8144    These statutory provisions expressly bar the BIE from attaching any8145kind of conditions on BIE award of this non-ISEF federal education8146funding which they are required to award to tribally-controlled8147schools. This bars making those awards subject to reduction by8148requiring the schools or BIE to allow parents of otherwise eligible8149Indian students to force the reallocation of any of those funds to8150support any ``private, faith-based \5\ public charter schools'' the8151parents may choose.8152---------------------------------------------------------------------------8153    \5\ 25 U.S.C.  2502(b)(2) expressly bars tribally-controlled8154schools from spending ISEF money to support ``religious worship or8155sectarian instruction.'' Per 25 U.S.C.  2503(b)(3), this same8156prohibition likely applies to BIA operated schools. This alone would8157bar reallocating ISEF monies to faith-based schools if this prohibition8158remains enforceable. But recent Supreme Court rulings if applied to8159federal legislation would make this prohibition unenforceable. See,8160Carson v. Makin, 596 U.S. 767 (2022) (State law disqualifying private8161sectarian schools from same benefits as non-sectarian private schools8162was unconstitutional). Espinoza v. Montana Department of Revenue, 5918163U.S. 464 (2020) (State law excluding religiously affiliated private8164schools from State scholarship program for students private schools).8165---------------------------------------------------------------------------8166    Further, per 25 U.S.C.  2502(g) ``grants provided under this8167chapter may not be terminated, modified, suspended, or reduced solely8168for the convenience of the administering agency.''8169    Finally, per 25 C.F.R. Part 44.101. Grants Under the Tribally-8170controlled Schools Act, the only directives that can lawfully be8171applied to triballycontrolled schools are:81728173        (a) the Tribally-controlled Schools Act,81748175        (b) the regulations in this part; and81768177        (c) guidelines, manuals and policy directives agreed to by the8178        grantee''. (emphasis added)81798180    Thus, any directives based on  7 of the President's Executive8181Order cannot lawfully be applied to reduce the ISEF or other federal8182educational funding awarded to support the operation of any tribally-8183controlled school without its consent, and even tribal consent to those8184kinds of funding diversions could not legitimize them as   2007 and81852501 et seq. flatly prohibits expenditure of those funds to support the8186education of students enrolled in non-BIE funded schools.8187VII.8188    In summary, the Secretary of the Interior has no legal authority to8189authorize, permit or require that any portion of monies appropriated by8190the Congress to support the operation of BIE-funded schools be diverted8191from expenditure at those schools to pay for Indian students to attend8192a ``private, faith-based or public charter school''. The Secretary has8193no discretion to disregard the controlling federal statutes. Ballinger8194v. United States ex rel. Frost, 216 U.S. 240, 249 (1910):81958196        `'Whenever, in pursuance of the legislation of Congress, rights8197        have become vested, it becomes the duty of the courts to see8198        that those rights are not disturbed by any action of an8199        executive order, even the Secretary of the Interior, the head8200        of a department. However laudable may be the motives of the8201        Secretary, he, as all others, is bound by the provision of8202        Congressional legislation.''82038204    To like effect are United States v. Arenas, 158 F. 2d 730 (9th Cir.82051946)82068207        In his dealings with the Indians, the Secretary of the Interior8208        does not have the power of an Asiatic potentate or even of a8209        benevolent despot. He, like his wards themselves, is subject to8210        legislative restrictions. The Supreme Court found it necessary8211        to sound such a note of caution in the case of Ballinger v.8212        United States ex rel. Frost, 216 U.S. 240, 249, 30 S.Ct. 338,8213        340, 54 L.Ed. 464.82148215    and cases there cited, and Yankton Sioux Tribe v. Kempthorne, 4428216F.Supp.2d 774, 783-784 (D.S.D. 2006):82178218        Standard principles of statutory interpretation do not have8219        their usual force in Indian law cases. Montana v. Blackfeet8220        Tribe of Tndians, 471 U.S. 759, 767, 105 S.Ct. 2399, 85 L.Ed.2d8221        753 (1985). The court must construe statutes liberally in favor8222        of Indians, with ambiguous provisions interpreted in their8223        favor. Id. The canons of construction applicable in Indian law8224        are based on the unique trust relationship between the United8225        States and Indian Tribes. Id. The court must construe federal8226        statutes liberally in favor of the tribe and interpret8227        ambiguous provisions to the tribe's benefit. See Hagen v. Utah,8228        510 U.S. 399, 411, 114 S.Ct. 958, 127 L.Ed.2d252 (1994).82298230    *  *  *  *82318232        Agency action taken without statutory authorization, or which8233        frustrates the congressional policy which underlies a statue,8234        is invalid. Oglala Sioux Tribe of Indians v. Andrus, 603 F.2d8235        707, 715 (8th Cir. 1979).8236VIII.8237    All of these laws respecting Indian education laws are rooted in8238the unique legal and political status of Indian tribes as domestic8239dependent nations having a continuing government-to-government8240relationship with the United States. This is made clear by 25 U.S.C.82412501(b) and (e):82428243        (b) Commitment82448245        Congress declares its commitment to the maintenance of the8246        Federal Government's unique and continuing trust relationship8247        with and responsibility to the Indian people for the education8248        of Indian children through the establishment of a meaningful8249        Indian self-determination policy for education that will deter8250        further perpetuation of Federal bureaucratic domination of8251        programs. (e) Federal relations82528253        Congress declares a commitment to the policies described in8254        this section and support, to the full extent of congressional8255        responsibility, for Federal relations with the Indian nations.82568257    and, by 25 U.S.C.  2000:82588259        Congress declares that the Federal Government has the sole8260        responsibility for the operation and financial support of the8261        Bureau of Indian Affairs funded school system that it has8262        established on or near Indian reservations and Indian trust8263        lands throughout the Nation for Indian children. It is the8264        policy of the United States to fulfill the Federal Government's8265        unique and continuing trust relationship with and8266        responsibility to the Indian people for the education for the8267        education of Indian children and for the operation and8268        financial support of the Bureau of Indian Affairsfunded school8269        system to work in full cooperation with tribes toward the goal8270        of ensuring that the programs of the Bureau of Indian Affairs-8271        funded school system are of the highest quality and provide for8272        the basic elementary and secondary educational needs of Indian8273        children, including meeting the unique educational and cultural8274        needs of those children.82758276    This historic trust relationship and the unique status of Indian8277tribes far predates any ``diversity, equity and inclusion'' initiatives8278and is not a part of any such initiatives. Cherokee Nation v. State of8279Georgia, 30 U.S. (5 PET.) 1, 16-17 (1831); Worcester v. State of8280Georgia, 31 U.S. (6 PET.) 515, 559- 562 (1832). ``The Indian nations8281had always been considered as distinct, independent political8282communities, retaining their original natural rights, as the undisputed8283possessors of the soil. The very term, 'nation,' so generally applied8284to them, means `a people distinct from others.'); Williams v. Lee, 3588285U.S. 217 (1959) (ruling that the broad principles established in8286Worcester v. State of Georgia remain the law but have been modified8287``where essential tribal relations were not involved and where the8288rights of Indians would not be jeopardized; McGirt v. Oklahoma, 5918289U.S. 894, 928-929 (2020) (reaffirming the core holding of Worcester v.8290Georgia that Indian tribes are ``distinct political communities having8291territorial boundaries'' not subject to ``State jurisdiction and8292control'').8293IX.8294    Finally, the current consultation process regarding the funding8295reduction (parental choice voucher) concept endorsed in the subject8296Executive Order does not satisfy the requirements that must be met for8297such a consultation to pass muster per 25 U.S.C.  2011, and the8298Executive Branch's own consultation policy issued per Executive Order829913175. These requirements must be construed together. Yankton Sioux8300Tribe v. Kempthorne, 442 F. Supp.2d at 783.8301    Both  7 of the Executive Order and the Dear Tribal Leader Letter8302of February 28, 2025 reference the BIE's duty to ``submit a plan [for8303implementation of  7 of the Executive Order] describing [the]8304mechanisms and the steps that would be necessary to implement them for8305the 2025-2026 school year; and, the registration confirmation issued by8306the BIE in advance of the consultation calls held March 14, 2025 states8307that the intent of that consultation is to provide ``tribes. . . the8308meaningful and timely opportunity to review and comment on a draft8309plan'' for implementing  7 of the Executive Order, but no such plan8310has been provided to the Tribes for their advance review and comment.8311    Moreover, the Interior Department has not stated whether it intends8312the new policy to apply to tribally-controlled schools. That issue was8313only posed as a question for further consideration in the March 14,83142025 consultation call.8315    The Department has also not disclosed how Indian parents' purported8316``share'' of federal funding appropriated for and awarded to BIE funded8317schools (for educational functions, transportation and O&M functions)8318to support their school operations would be calculated or addressed8319whether some share of administrative costs (awarded to tribally-8320controlled schools per 25 U.S.C.  2008) associated with direct8321educational fund would be included in any voucher transfer.8322    Further, as reiterated in Yankton Sioux Tribe v. Kempthorne at 783:8323    ''Consultation'' is defined as ``a process involving the open8324discussion and joint deliberation of all options with respect to8325potential issues or changes between the Bureau and all interested8326parties.'' 25 U.S.C.  2011(b)(2)(A). Interested parties (including8327tribes and school officials) shall be given an opportunity.8328    Here, neither the Executive Order nor the Interior Department have8329articulated any rationale for how allowing individual Indian parents8330whose children now attend BIE-funded schools to take away a share of8331the federal funds awarded to support them to instead support the8332operation of private, faith-based or on public charter schools could8333even conceivably comply with the statutory commands at 25 U.S.C.83342011(a) and 25 U.S.C.  2501 et seq., which make clear that the Indian8335Tribal Governments for the reservation communities in which those8336schools are located are to have control over these kind of decisions.8337Mandating that individual Indian parents can dictate what schools will8338receive federal education funds awarded to BIE-funded schools would be8339in flat violation of the statutory rights of the affected tribes to8340address those issues, even if the subject statutes would permit any8341such diversion.8342    In short, the Department has done no more than regurgitate the8343words of   7 of the subject Executive Order, just restating the8344concept there set out. Failing to provide details and/or a concrete8345proposed plan for implementing the concept set out in  7 and not8346giving Tribes a meaningful opportunity to critique that plan, does not8347satisfy the special consultation requirements applicable to proposed8348administrative plans or directives that would affect Indian education.8349Cheyenne River Sioux Tribe v. Jewell, 205 F. Supp. 1052 (D.S.D. 2016)8350(enjoining implementation of BIE reorganization plan for failure to8351comply with tribal consultation requirements); Yankton Sioux Tribe v.8352Kempthorne, supra (enjoining implementation of BIE reorganization plan8353for failure to comply with tribal consultation requirements); Eight8354Northern Indian Pueblos, Inc. v. Kempthorne, 2006 WL 844 3876 (D.N.M.83552006) (enjoining implementation of BIE reorganization plan for failure8356to comply with tribal consultation requirements).8357X.8358    Per the Indian Canon of Construction, to the extent there is any8359ambiguity in any of the statutes and regulations referenced above, that8360ambiguity must be construed in favor of the Indian schools those8361statutes were intended to benefit. This Indian Canon of Construction8362has its roots in the same historic trust relationship between the8363United States and the Indian tribes as reflected in the Indian8364education laws addressed above. Montana v. Blackfeet Tribe of Indians,8365471 U.S. 759, 766 (1985) (``Statutes are to be construed liberally in8366favor of the Indians, with ambiguous provisions interpreted to their8367benefit''); County of Yakima v. Yakima Indian Nation, 502 U.S. 251, 2698368(1992) (when faced with an ambiguous statute, the court's choice8369between ``two possible constructions. . . must be dictated by [this]8370principle'); Cherokee Nation v. United States, 73 Fed. Cl. 467, 4788371(2006), (applying the Indian Canon of Construction in interpreting8372ambiguities in legislation enacted for the benefit of Indians in favor8373or the tribe's reasonable interpretation thereof offered in support of8374the Cherokee Nation's legal position in that suit, and entered judgment8375in favor of the tribe); Ramah Navajo Chapter v. Lujan, 112 F.3d 1456,83761461-62 (10th Cir. 1997) (``[T]he canon of construction favoring Native8377Americans controls over the more genera I rule of deference to agency8378interpretations of ambiguous statutes''); see also, Ramah Navajo8379Chapter v Salazar, 644 F.3d 1054, 1062 (10th Cir. 2011) (quoting Ramah8380Navajo Chapter v. Lujan, supra,), aff'd, 567 U.S. 182 (2012). In Lujan,8381the Court applied the Indian canon of construction to a question of8382statutory interpretation and ruled that where there exist two8383reasonable interpretations of a statute enacted for the benefit of8384Indians that fact establishes ambiguity and a tribe's reasonable8385interpretation of the statute must be accepted over an alternative8386federal government interpretation. Id. at 1461-1462.8387Conclusion8388    The Taos Pueblo, the Chitimacha Tribe of Louisiana, and the8389Mississippi Band of Choctaw Indians respectfully request that the8390Secretary advise the White House that there is no available legal8391mechanism that could be used to implement any kind of parental choice8392voucher plan regarding federal funding appropriated and allocated to8393support the operation of BIE funded schools as contemplated in  7 of8394the Executive Order.8395                                 ______83968397  Prepared Statement of Armond Jason Kahawai, Project Director, Keiki8398      Assets Accounts Program, Partners in Development Foundation8399    Thank you, Chairman Murkowski, Vice Chairman Schatz, and members of8400the Committee for the opportunity to provide testimony on behalf of the8401Keiki Assets Account project operated by Partners in Development8402Foundation (PIDF) and in support of programs that provide educational8403services to Native Hawaiian communities.8404    We respectfully urge your continued and robust support for the8405Native Hawaiian Education Program (NHEP), a vital federal initiative8406that empowers Native Hawaiian families and improves educational8407outcomes in our communities. Among the impactful programs funded by8408NHEP is the innovative Keiki Assets Account (KA`A) Program, which8409directly addresses financial barriers and educational inequities8410intensified by the COVID-19 pandemic.8411    The evidence-based KA`A program aims to mitigate the adverse8412impacts of COVID-19 and other economic hardships by enhancing financial8413security, fostering family financial capability, and improving8414educational outcomes among Native Hawaiian children and families.8415Financial assets are intrinsically linked to educational success;8416research consistently demonstrates that household assets positively8417influence academic performance, high school graduation rates, and8418college attendance. Unfortunately, Native Hawaiian families,8419particularly those in asset-limited and income-constrained households,8420were disproportionately impacted by the pandemic through heightened8421unemployment and economic vulnerability, the effects of which are still8422present today.8423    In collaboration with American Savings Bank, KA`A establishes and8424manages savings accounts for children, ages birth to five, enrolled in8425early learning programs such as Tutu and Me preschool, Ka Pa`alana8426Homeless Family Education, and Na Pono No Na `Ohana Family Education in8427Waimanalo. Families involved in early education programs run by our8428nonprofit partner, INPEACE, are also eligible to enroll. 18429    In 2024, the KA`A program was awarded a second NHEP 3-year grant to8430expand to `Aha Punana Leo Hawaiian Immersion preschools, Kamaile8431Academy, and Ke Kula `o Samuel Kamakau Public Charter Preschools. The8432new grant is still in its first year, and partnerships have been8433established with the expansion sites, and with Brandeis University8434(KA`A contracted evaluator), a national leader in research on8435children's savings account (CSA) programs. Brandeis conducts original8436research in the CSA field, tracks the impact of CSA programs, and8437translates that work into accessible and useful formats for staff,8438policymakers, and funders. Funding cuts for the newly added preschool8439programs would truncate growth in financial literacy and positive8440saving habits for all KA`A families.8441    Families receive an initial deposit for their accounts and have the8442opportunity to receive matching funds as they participate in a series8443of workshops focusing on skills such as managing money, building8444savings, protecting income and assets, paying for child care or8445preschool, creating financial and educational goals, and saving for a8446child's college education. The matching funds are based on a family's8447level of participation.8448    The measurable impacts of the KA`A program include:84498450   Higher Attendance Rates: Children participating in KA`A8451        achieved significantly higher attendance rates compared to8452        their peers.84538454   Financial Goal Setting: 100 percent of the 582 caregiver8455        participants set both savings and individual financial goals8456        for themselves and their children.84578458   Active Savings Participation: 91 percent of caregivers made8459        at least one deposit beyond the initial $500 KA`A seed8460        contribution.84618462   Enhanced Financial Literacy: Families participating in8463        financial literacy and college preparation workshops showed8464        significant improvements in financial knowledge and8465        decisionmaking skills.84668467   Asset Building: Since its inception, KA`A has successfully8468        created over 998 Child Savings Accounts (CSAs), amassing8469        $2,602,090 in total assets through seed funds, incentives, and8470        caregiver deposits.84718472    Additionally, KA`A's comprehensive approach includes training life8473coaches and integrating financial literacy into family-child8474interaction learning programs, and equipping families with essential8475skills and resources to navigate their children's educational journeys8476effectively. All KA`A Staff are Certified Financial Social Workers by8477the Center for Financial Social Work. This certification is accredited8478by the National Association of Social Workers. KA`A's innovative,8479culturally grounded model highlights the capacity of NHEP-funded8480programs to create enduring positive change in Native Hawaiian8481communities.8482Sarah K.'s KA`A Story8483    I am writing to show my support for the KA`A program. I have been a8484KA`A program participant since October 2024, and this program has8485already been incredibly beneficial to me and my `ohana. It has helped8486us build a more consistent routine when it comes to saving for our8487keiki's future and learning more about financial well-being.8488    By incentivizing different financial activities, such as making8489quarterly deposits into our keiki's account and attending the online8490webinar classes, we're slowly building a habit of talking about money8491more regularly and openly, without it feeling awkward or uncomfortable.8492While we've only attended one webinar so far, we walked away with8493several helpful lessons. One that really stuck with us was the idea of8494carving out time in our calendar to regularly talk about finances as a8495family. We also learned how valuable it can be to involve our keiki in8496financial discussions and decisions in ways that are age-appropriate.8497    One especially sweet moment was when our keiki received a KA`A8498program backpack at school. Inside was his very first piggy bank, along8499with books and pretend money we now use to teach him about the value of8500saving. He's already showing so much enthusiasm for it, whether he's8501counting coins before putting them in, ``feeding the piggy,'' or just8502shaking it to hear the clinking sounds. He's totally engaged and8503excited.8504    Another part of the program we've really appreciated is the monthly8505check-ins with our coach, Carol. These conversations are a helpful8506reminder to pause, check in as an `ohana, and reflect on our current8507goals and challenges. Carol is always patient, understanding, and8508supportive. She takes time to answer our questions thoughtfully and8509often connects us with helpful resources tailored to our needs.8510    We are so grateful for the opportunities the KA`A program has8511provided for us in just a few short months, and we're excited to keep8512learning and growing together. It's clear that this program is designed8513to support families like ours in meaningful, lasting ways, not just8514financially but holistically.85158516    These life-changing impacts have been made possible through the8517support of the U.S. Department of Education's Native Hawaiian Education8518Program (NHEP). Thanks to the Native Hawaiian Education Act, NHEP8519resources help fund KA`A and other programs dedicated to improving the8520educational outcomes of Native Hawaiian students. Similar to the8521effectiveness of the Alaska Native Education Program (ANEP), which has8522improved student success and academic achievement for Alaska Natives,8523NHEP funding has produced demonstrably positive outcomes for Native8524Hawaiians. Historically, state and private funding alone have been8525insufficient to fully address the educational gaps and systemic8526challenges faced by these communities.8527    A 2021 profile analysis of NHEP grantees from 2010 through 20188528reported that in 2017 and 2018 alone, NHEP grants served 98,9968529participants, including 77,808 students, 18,429 parents, and 2,7598530teachers. All grantee programs targeted Native Hawaiians, with 428531percent focusing on low-income populations. Despite receiving little to8532no supplemental funding from the Coronavirus Aid, Relief, and Economic8533Security Act via the State, NHEP-funded programs have remained agile8534and innovative, providing a continuum of services for students and8535their families.8536    Continued federal support through NHEP is vital for the8537sustainability and expansion of transformative initiatives like the8538KA`A program. By investing in these culturally responsive, evidence-8539based programs, we strengthen families, empower communities, and pave8540pathways toward educational success and economic self-sufficiency for8541generations to come.85428543Chase and Daisy's KA`A Story:8544    We are writing to express our deep gratitude and support for the8545KA`A program. It has provided invaluable financial guidance that has8546been instrumental in helping us establish an educational fund for our8547child's future. As parents, ensuring that our keiki receives the best8548possible education has always been a top priority. However,8549understanding how to effectively save and plan for that future was a8550challenge--until we found KA`A.8551    The expertise, tools, and support offered through the program8552empowered us to take clear, actionable steps toward long-term financial8553security. We now feel confident that we can provide our child--and any8554future children--with the opportunity to pursue higher education8555without the heavy financial burden that many families face today. This8556achievement would not have been possible without the critical resources8557and compassionate guidance that KA`A has provided.8558    Beyond saving for education, KA`A has opened the door for our8559`ohana to have meaningful conversations about budgeting, saving, and8560spending habits. The program has helped us build a solid foundation for8561our financial well-being, and the relationship we've formed with our8562case manager/life coach has been an essential part of that journey.8563Their thoughtful support and encouragement have given us the confidence8564and clarity we need to stay on track with our goals.8565    We are truly grateful for the opportunity to be part of the KA`A8566program. The education, resources, and personal support we've received8567have made a lasting, positive impact on our lives. We look forward to8568continuing this journey and hope that many more families will benefit8569from the same life-changing support that KA`A has so generously shared8570with ours.85718572    KA`A Impact (SY 2023-24):85738574   KA`A children had a significantly (p<.05) higher attendance8575        than other students in all three participating FCIL programs.85768577   Less than one percent of adults voluntarily withdrew, except8578        in unavoidable circumstances (e.g., moving).85798580   All (100 percent) 582 caregivers set savings goals for their8581        children and individual financial goals for themselves. All8582        (100 percent) caregivers surveyed at post-test expect their8583        children to go to college.85848585   Most caregivers (83 percent) attended coaching sessions,8586        well over the 60 percent target.85878588   Most caregivers (91 percent) made at least one deposit after8589        the initial $500 KA`A deposit into their Children's Savings8590        Account (CSA).85918592   Caregivers who participated in financial and college8593        knowledge workshops demonstrated a significant (p<.05) increase8594        in knowledge of financial literacy from pre-test to post-test8595        in all three workshops.85968597   931+ CSAs created to-date with $2,480,618.65 (includes seed8598        money, incentives, and personal deposits).85998600   5,216 personal deposits made out of family's own pockets,8601        amounting to $74,228.65.86028603   14 volunteers and FCIL staff completed train the trainer8604        program. All FCIL programs incorporated financial literacy into8605        curriculum.86068607    Mahalo nui loa for your ongoing commitment and consideration.8608Together, let us ensure that Native Hawaiian families continue to8609receive the crucial support they deserve to thrive and succeed.8610                                 ______86118612                    Keiki O Ka Aina Family Learning Centers8613                                                          4/15/202586148615Dear Senator Schatz, Senator Hirono, Representative Case, and8616Representative Tokuda:86178618    We write to request your support in protecting and preserving the8619Native Hawaiian Education Program (NHEP). Keiki O Ka Aina has utilized8620Native Hawaiian Education Program funding for over 20 years to provide:86218622   Early Childhood Programs8623   Homevisiting to the most at-risk families8624   Free preschool8625   Science Camps8626   Afterschool Programs, including tutoring and Workforce8627        Development for SPED students8628   Agricultural Workforce Development8629   Literacy Programs and Book Distribution8630   Leadership classes for elementary school-aged children8631   Building School classrooms and preschools8632   Creation of new science-based curricula8633   Helping teachers learn about social-emotional learning86348635    For over 28 years, Keiki O Ka Aina has successfully served the8636needs of Hawaii Families statewide. We have a distinguished record of8637establishing trust within the community. Our many programs in the8638community have served over 80,000 families since our inception, and8639many of them have become employees or have gone on to work at other8640community-serving organizations. KOKA has hosted and coordinated large-8641scale conferences for providers statewide on parent/child interaction8642and reintegration for ex-offenders. It is through these programs that8643KOKA has realized their goal to educate children, strengthen families8644and enrich communities.8645    Almost 90 percent of 100 full-time staff are funded by Federal8646funds, and these people provide services to over 8000 at-risk families8647statewide. These programs include educational programs, childcare8648assistance, workforce development, family strengthening, and after-8649school tutoring programs. Our staff have received professional8650development and training, enabling them to provide the specialized8651services these families need to thrive and help children become ready8652for kindergarten and lifelong learning. Our Workforce Development8653programs are for teachers, agriculture, and special needs populations.8654If these programs are taken away, the families that can least afford8655these services will be most affected.8656    To ensure that we and many other organizations in Hawai`i will8657continue to access consistent and reliable funding from The Native8658Hawaiian Education Program for fiscal years (FY) 2025, 2026, and8659beyond, we ask that you:86608661        1. Continue to support programs that have supported our8662        families and communities, creating a stronger workforce and8663        successful school outcomes for these families.86648665        2. Appropriate at least $45,897,000 for NHEP for FY 202686668667    Your leadership in protecting and preserving the Native Hawaiian8668Education Program is needed to maintain vital programs that benefit8669communities across Hawai?i. We look forward to continuing to work8670together on this important issue.86718672        Sincerely,8673                                            Momi Akana, CEO8674                                 ______86758676                                   Kha'p'o Community School8677                                                     March 31, 202586788679Dear Senator Schatz,86808681    Kha'p'o Community School (KCS), which is a tribally controlled8682school of the Santa Clara Pueblo and is located immediately within the8683Pueblo, receives about one-quarter of its funding from the Department8684of Education (DOE), routed through the Bureau of Indian Education8685(BIE).8686    About one-third of the school's students are students with special8687needs, and programs to educate them are funded by DOE (via BIE). These8688funds allow KCS to hire specially trained teachers and staff to serve8689these students. In addition, the services and accommodations that these8690students desperately need are also paid out of Part B of the8691Individuals With Disabilities Education Act (IDEA). KCS also sets aside8692a portion of its funds that it receives as part of the Indian School8693Equalization Program (ISEP) to ensure these services are provided. ISEP8694is formula funding for Indian schools to help make up for the fact that8695they are not supported by local tax revenue, as public schools are. In8696short, the students with the most pressing educational needs--students8697who require special educational assistance--are the most at risk from8698the potential loss of DOE funding.86998700        Respectfully,8701                Porter Swentzell, Ph.D., Executive Director8702                                 ______87038704                                            Nez Perce Tribe8705                                                     March 26, 20258706Ms. Linda McMahon, Secretary, U.S. Department of Education8707Mr. Doug Burgum, Secretary,U.S. Department of the Interior87088709     Re: Advancing Educational Outcomes/or Native Children8710                   through the Federal Trust Responsibility87118712Dear Secretary McMahon and Secretary Burgum:87138714    The Nez Perce Tribe writes to encourage continued engagement in8715partnership with your agencies, based on the government-to-government8716relationship between tribes and the United States. This unique8717political and legal relationship is rooted in inherent sovereignty, the8718United States Constitution, treaties, statutes, executive orders, and8719court decisions.8720    Tribal Nations share many of the same concerns and priorities about8721the future of education in this country. We are eager to work with the8722Administration on ensuring each tax dollar spent is effectively and8723efficiently by streamlining federal funding mechanisms. However, we8724believe this must be fulfilled through the continuation and full8725funding of the Bureau of Indian Education and through the continuation8726of the programs and funding which currently exist under the Department8727of Education to serve Native students across the country.8728    The federal responsibility for Indian education is rooted in8729treaties between the federal government and Tribal Nations, a system8730that operates under various statutes and case law. The Bureau of Indian8731Education's responsibilities began with the Indian Civilization Act of87321819, were codified as a federal directive in the Snyder Act of 1921,8733later revised under the Indian Self-Determination and Education8734Assistance Act of 1975 and the Tribally Controlled Schools Act of 1988.8735    Meanwhile, the trust responsibility to individual Native children8736in public schools has been reinforced in federal law since the Johnson-8737O'Malley Act of 1934, followed by Public Law 81-874 (1950), Title VI of8738the Elementary and Secondary Education Act of 1965, and the Indian8739Education Act of 1972. These laws make clear the federal obligation to8740protect and provide education for Native students.8741    In the Tribally Controlled Schools Act of 1988, Congress declared8742that ``a national goal of the United States is to provide the8743resources, processes, and structure that will enable tribes and local8744communities to obtain the quantity and quality of educational services8745and opportunities that will permit Indian children--( 1) to compete and8746excel in areas of their choice; and (2) to achieve the measure of self-8747determination essential to their social and economic well-being.'' We8748urge the Administration to stand with us in advancing this goal.8749    We request that the Administration ensure Tribal programs--both8750tribal-specific and tribal inclusive--are not paused as executive8751actions are considered and implemented. In recognition of our distinct8752political status and trust relationship, we request exemptions from8753policies that would negatively impact the federal government's8754responsibilities in Indian Country, including those for the greater8755purpose of Indian education. These exemptions can be straightforward8756such as the U.S. Department of the Interior Secretarial Order 3416,8757which protects the ``the statutory authorities, treaty, and/or trust8758obligations of the Department and its Bureaus/Offices to Tribal nations8759and the Native Hawaiian Community.''8760    The United States' trust and treaty responsibilities to Indian8761Country are mandatory. Indian education is an obligation, not a8762discretionary part of the federal budget. Any changes to the8763administration of federal education programs must include meaningful8764consultation with Tribal Nations and ensure that funding mechanisms8765remain intact for the benefit of Native students.8766    The Nez Perce Tribe looks forward to partnering with the new8767Administration. As that process unfolds, we urge the Administration to8768protect the unique, political, federal trust relationship between our8769sovereign Tribal Nations and the federal government.87708771        Sincerely,8772                          Hon. Shannon F. Wheeler, Chairman8773                                 ______87748775     White House Initiative on Advancing Education Equity,8776Excellence, and Economic Opportunity for Native Americans,8777         and Strengthening Tribal Colleges and Universities8778                                                   January 17, 202487798780Dear President Joesph R. Biden,87818782    On October 21, 2021, you signed Executive Order 14049, which8783created the White House Initiative on Advancing Education Equity,8784Excellence, and Economic Opportunity for Native Americans and8785Strengthening Tribal Colleges and Universities (White House Initiative8786for Native Americans and Tribal Colleges and Universities). The White8787House Initiative for Native Americans and Tribal Colleges and8788Universities, along with three sister White House Initiatives, are8789housed at the Department of Education in the Office of the Secretary.8790    Under section 3(c) of Executive Order 14049, this annual report8791submitted to you documents the White House Initiative's activities and8792recommendations. It also contains recommendations from the National8793Advisory Council on Indian Education, a fifteen-member council8794appointed by the President made throughout the years. The Executive8795Order also created three co-chairs: the Secretary of Education, Miguel8796Cardona; the Secretary of Interior, Deb Haaland; and the Acting8797Secretary of Labor, Julie Shu.8798    As per section (h)(i) of Executive Order 14049, the ``Co-Chairs of8799the Initiative shall report to the President the progress in carrying8800out its mission and objectives.'' Please consider this annual report8801\1\ as fulfilling this section of the Executive Order.8802---------------------------------------------------------------------------8803    \1\ The White House Initiative for Advancing Educational Equity,8804Excellence, and Economic Opportunity for Native Americans and8805Strengthening Tribal Colleges and Universities Annual Report to the8806President 2023-2024 has been retained in the Committee files.88078808        Sincerely,8809                  Naomi L. Miguel, MPAP, Executive Director8810                                 ______88118812                       NACA Inspired Schools Network (NISN)88138814        Keeping Dreams Alive: How Federal Funding Supports8815                                       Indigenous Education88168817    At the heart of the NACA Inspired Schools Network (NISN) is a8818commitment to self-determined education--where Indigenous students see8819themselves in their curriculum, hear their languages in the classroom,8820and learn from educators rooted in their communities. Over ten years,8821NISN has strengthened Indigenous educators, leaders, and Tribes to8822build schools that honor culture while achieving academic excellence8823for their children. Schools like Dream Dine Charter School in Shiprock,8824NM, have redefined education for Navajo students, proving that when8825communities lead, students thrive.8826    When Elvania Toledo (Navajo Nation) first enrolled her daughter in8827Kindergarten at Dream Dine, she sought more than just a classroom--she8828wanted a learning environment that nurtured her child's identity,8829language, and cultural roots. That vision became a reality through the8830support of the Accessing Choice in Education (ACE) federal grant. The8831ACE grant is crucial in making expanded learning opportunities8832available to students, such as traditional Navajo rug weaving, sewing,8833storytelling, and hip-hop dance classes. Her daughter is in second8834grade and has benefited from ACE programming for two years. Elvania has8835seen her child's curiosity about the world grow. ``Mom, I'm from this8836small, little town, but I can get into this whole other scene through8837dance,'' her daughter shared.8838    Elvania's daughter is expanding her skill set, and her self-8839confidence has flourished. ``With ACE helping her, she now goes up to8840community vendors, and I feel like she is confident in speaking her8841language to others, being proud of who she is, and connecting.'' For8842too long, Indigenous students have been forced into education systems8843that erase their identities and fail to serve their unique needs.8844Schools like Dream Dine, empowered by federal support, allow Indigenous8845communities to reclaim education as a tool for strengthening rather8846than assimilation. They enable Indigenous students to learn in8847environments that honor who they are and where they come from.8848    However, with discussions about dismantling the U.S. Department of8849Education, the future of out-of-school programming at Dream Dine hangs8850in the balance. Without federal funding, Indigenous-led schools could8851lose essential resources, limiting access to programs that strengthen8852Indigenous students to succeed. The ACE grant is not just about8853funding, it's about equity and the right to an education that respects8854Indigenous identity. Keeping the Department of Education intact means8855ensuring Indigenous students have the resources they need to thrive,8856today and for future generations.88578858                                  [all]