Tag: Legal

SUPAI, Ariz. — Kambria Siyuja always felt like the smartest kid in Supai. 

Raised by educators in this tribal village at the base of the Grand Canyon, she started kindergarten a little ahead of her peers. Her teachers at Havasupai Elementary School often asked Siyuja to tutor younger students and sometimes even let her run their classrooms. She graduated valedictorian of her class. 

But once she left the K-8 school at the top of her grade, Siyuja stopped feeling so smart.

“I didn’t know math or basic formulas,” she said. “Typing and tech? Nonexistent.”

Siyuja, now 22, wiped tears from her face as she sat alongside her mother and grandmother — the educators of the family — one afternoon last year in the Havasupai Tribal Council chambers. The trio wept as they recalled Siyuja’s move as a teenager to a private boarding school 150 miles away in Sedona, Arizona, which she’d chosen to attend because the federal agency that runs Havasupai Elementary, the only school in her village, provides no options for high school. 

Once there, however, Siyuja discovered how little she’d learned at the Supai school. She had only superficial familiarity with state and U.S. history, and knew none of the literature her peers had read years earlier. She was the only freshman who’d never taken pre-algebra.

Last year, eight years after Siyuja graduated, the K-8 school still did not offer pre-algebra, a course that most U.S. public school students take in seventh or eighth grade, if not earlier. It had no textbooks for math, science or social studies. The school’s remoteness — on a 518-acre reservation the government forcibly relocated the Havasupai people to more than 150 years ago — makes it a challenge to staff, and chronic turnover required the few educators who remained to teach multiple grades at once. Only 3 percent of students test proficiently in either English language arts or math.

“I know they struggle a lot because of how few resources we have down here,” said Siyuja of Supai, which visitors must reach either by an 8-mile hike or helicopter. “But what are they teaching here?”

In 2017, six Havasupai families sued the federal government, alleging that the Bureau of Indian Education, which operates Havasupai Elementary and is housed within the Interior Department, deprived their children of their federal right to an education. The tribe, in a brief supporting the lawsuit, argued that the bureau had allowed Havasupai Elementary to become “the worst school in a deplorable BIE system” and that court intervention was required to protect students from the agency. 

The families eventually secured two historic settlements that fueled hopes across Indian Country that true reform might finally improve outcomes both in Supai and perhaps also at BIE schools throughout the U.S.

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So far, the settlements have brought new staff to Supai, and the BIE had to reconstitute the school board. Teachers now must use lesson plans, and they finally have a curriculum to use in English, science and math classes. A new principal pledged to stay longer than a school year.

“We now have some teachers and some repairs to the building that are being done,” said Dinolene Kaska, a mother to three former students and a new school board member. “It has been a long time just to get to this point.”

The legal wins followed an effort to reform the BIE as a whole. In 2014, federal officials unveiled a sweeping plan to overhaul the beleaguered bureau, which had long struggled to deliver better student outcomes with anemic funding. If the BIE were a state, the schools it operates would rank at or very near the bottom of any list for academic achievement. 

But in the past decade, and after a nearly doubling of its budget, the BIE has finally started to make some progress. Graduation rates have improved, staff vacancies are down and the bureau built its own data system to track and support student achievement across its 183 campuses in 23 different states. Now, those milestones could be at risk.

President Donald Trump, in his seismic restructuring of the federal government, laid off thousands of workers that will trigger deep cuts to the BIE, among other agencies that work directly on Indian Country. The White House in January also issued an executive order to turn the BIE into a school choice program, draining the bureau of funding and, according to some advocates in Washington, D.C., threatening the government’s long-established trust responsibility to tribal nations. It also remains unclear how the policy would benefit families in isolated communities like Supai where other schooling options are scant or nonexistent.

“Tribes in rural areas don’t have a lot of school choice,” said Quinton Roman Nose, executive director of the Tribal Education Departments National Assembly, a nonprofit that works with tribal education agencies. “For Native students, that’s not a good model. I don’t think it’s going to work for so many.”

Brian Schatz, a Hawaii Democrat and vice chairman of the Senate Committee on Indian Affairs, said the Trump administration’s actions are devastating. “What Trump is doing to the federal government isn’t just reckless — it’s arson,” he said in a statement to The Hechinger Report. “We will do everything we can to ensure that this manufactured chaos does not have lasting impacts on our trust and treaty responsibilities to Native communities.” 

Last fall, as conservative critics called for dismantling the BIE and converting its funding into vouchers, longtime director Tony Dearman defended the bureau. He also pitched a new, five-year strategic direction that will emphasize tribal sovereignty and cultural education — both promises the bureau made in its reform agenda more than a decade ago.

“We have really built the capacity of the BIE,” Dearman said. “It’s just taken a while. Anything in the government does.”

Still, he insisted that the BIE could fulfill the government’s obligation to deliver a quality education to tribal nations. “I truly believe that we can handle the trust responsibility with the support from Congress through appropriations,” Dearman said.

For decades, the Department of the Interior, which manages natural resources and wildlife, placed control of schools on tribal reservations within its Bureau of Indian Affairs. The agency oversees law and justice across Indian Country, as well as agriculture, infrastructure, economic development and tribal governance. The agency’s poor management of schools, meanwhile, had been well documented, and in 2006, an internal shakeup resulted in the creation of the BIE.

Almost from the start, the new bureau faced criticism.

In 2008, the Government Accountability Office dinged the BIE for stumbling in its early implementation of the No Child Left Behind education law. A year later, the Nation’s Report Card found Native students in traditional public schools performed much better than those in BIE schools. (About 92 percent of Native students attend traditional public schools and 8 percent attend BIE schools.) Senators scolded the bureau after only 1 in 4 of its schools could meet the new federal education standards. A 2011 report, “Broken Promises, Broken Schools,” cataloged the deterioration of BIE schools, estimating it would cost $1.3 billion to bring every educational facility to an “acceptable” condition. 

In 2013, then-Interior Secretary Sally Jewell assembled a study group to diagnose the root causes of academic failures in BIE schools. A year later, the group released the Blueprint for Reform. At its unveiling, Arne Duncan, then the federal education secretary, had damning words for why the BIE needed to change, calling it “the epitome of broken” and “utterly bankrupt.” 

The blueprint, issued through a formal secretarial order, called for dramatically restructuring the BIE over two years, starting with its management of tribally controlled schools. In 1988, as part of a renewed focus on tribal sovereignty, Congress had created a grant program to help tribes take control of their respective BIE schools, and as of 2014, a full two-thirds of campuses had already converted.

The 70-page blueprint proposed transforming the agency from a top-down operator of schools into more of an educational services and support center. It would create a division within the BIE to focus on assisting principals with the day-to-day operation of schools. New regional directors and offices would oversee tribally controlled schools, BIE-operated campuses and schools on the sprawling Navajo Nation.

The plan also pitched the addition of “school support solutions teams” at each regional office that would assist with teacher and principal recruitment, school facilities, financial management and technology. A new Office of Sovereignty and Indian Education would help tribes convert their schools to local control and encourage them to shape culture and language classes. Other proposed changes included allowing tribes to tie staff pay to student performance and creating incentives to replicate successful tribally controlled schools.

Related: As coronavirus ravaged Indian Country, the federal government failed its schools

The study group, however, did not address whether the bureau needed additional funding to pull off the reforms. And without additional funding, the BIE faced deep cuts as budget negotiations pressured then-President Barack Obama to require all federal agencies to reduce their spending by 20 percent. 

That essentially tasked the BIE with achieving a turnaround of its failing schools with a fifth less funding. By the time of the blueprint, those cuts were already phasing in: Between 2011 and 2014, for example, the number of full-time administrators located on or near Indian reservations to oversee school spending fell from 22 to 13, leaving the remaining staff to still split 64 reservations among them.

“It was a terrible set up,” said one former top agency official who worked at the BIE during the blueprint’s release. The official, like many of the more than 75 interviewed by The Hechinger Report for this story, spoke on the condition of anonymity because of the DOI’s large role in tribal communities and worries that criticizing the agency could cost them jobs or contracts.

Famous for its turquoise waterfalls — Havasupai means “people of the blue-green water” — Supai village greets visitors at the banks of Havasu Creek.

The creek and waterfalls feed a hidden canyon oasis here. Trees bursting with blooms of apricot and pomegranate offer much-welcome shade for backpacking tourists and the mules carrying their gear. Tribal elders wind their way through Supai’s unmarked dusty roads as children on the preschool playground shield their eyes from sand swirling around the adjacent helipad. Benches, some made from milk crates, ring the town square at the front gate of Havasupai Elementary.

Eight years ago, lawyer Alexis DeLaCruz sat on one of those benches in Supai town square. She had recently started working at the Native American Disability Law Center, a firm based in Farmington, New Mexico, that represents Native Americans with disabilities. The firm had recently hosted a training on special education law for parents, and several from Supai, incensed about their kids’ education, traveled out of the canyon to attend. They convinced DeLaCruz and two colleagues to book a helicopter ride into the village to hear directly from parents about their experiences with the BIE. 

Parents described how their children couldn’t tell the difference between North and South America and, despite BIE regulations requiring Native culture in all curriculum areas, the students never had a class in Havasupai culture, history or language. Because of a teacher shortage, children learned in classes that combined students from three or even four grades. The school had 10 principals in as many years. The BIE closed Havasupai Elementary for nearly a month in 2015 because of insufficient staffing.

Siyuja, who graduated from the school in 2016, remembered cooks and janitors stepping in as teachers — and then having to leave class midday to check on school lunch or plumbing problems. 

Until Siyuja reached the fourth grade, Havasupai Elementary, which serves about 80 students, had two tribal members on staff. They led culture and language classes, and Siyuja still owns a copy of the Havasupai dictionary they gifted her as a child. But then they left, and most of the other teachers soon followed, during the 2011-12 school year, she recalled.

That’s when Obama tasked federal agencies with cutting a fifth of their administrative budgets, hollowing out the BIE’s ability to support its schools. In Supai, the already revolving door of educators suddenly started spinning much faster, Siyuja said.

“We were just in this constant loop of relearning the same thing over and over,” she said.

It wasn’t until college, at Fort Lewis College in Colorado, where Siyuja chose to study education, that she learned it was not normal for a school to lump so many grades together in one classroom. “That’s one of the major big no-nos,” she said. (In an email, a BIE spokesperson said, “Many schools implement implement multi-grade instruction as an intentional and effective educational model,” particularly in rural and remote locations, “to enhance individualized learning, maximize resources and promote peer collaboration.”)

In January 2017, nine students from six families sued the BIE and the Interior Department, naming as defendants Dearman, Jewell — who did not respond to interview requests — her deputy assistant secretary and the Havasupai Elementary School principal. The lawsuit listed all plaintiffs under pseudonyms to protect their identity, and the two families involved in the lawsuit who spoke with The Hechinger Report for this story asked to remain anonymous even after the settlements were signed. Some of the students still attend BIE schools, and parents remain worried about exposing any of their children’s privacy, even as adults.

The families hinged their case on a well-established federal right to education for Native American children.

There is no federal right to education in the Constitution, according to a landmark 1973 Supreme Court decision. But for Native Americans, congressional statutes, executive orders, treaties and other Supreme Court opinions dating back virtually to this nation’s founding have cemented education as a major component of the government’s trust responsibility — a set of legal and moral obligations to protect tribal sovereignty and generally look out for the welfare of tribal members. In 1972, lawmakers made it even more clear with the Indian Education Act, which says that the “federal government has the sole responsibility for the operation and financial support” of tribal schools. They also required the BIA — the BIE had not yet been established — to work with tribes to create a system of schools of “the highest quality.” To this day, the BIE pitches itself as a provider of a “world class education.”

Related: Native Americans turn to charter schools to reclaim their kids’ education

DeLaCruz, not long after filing the Havasupai case, started imagining what impact it could have beyond that tiny community.

“Most cases in our legal system end in money,” she said. “This isn’t the same calculus. We’re weighing what we think we can get in place that won’t just make a difference for students now but frankly for generations to come.”

The lead plaintiff in the case was a sixth grader described in the lawsuit as Stephen C. Diagnosed with ADHD, he had never received counseling as mandated in his Individualized Education Program, or IEP, a legal document detailing the interventions and supports that a student with a disability will get from their school. None of the fifth grade teachers the school hired stayed more than two weeks, the lawsuit said, and Stephen C. was taught in a combined sixth, seventh and eighth grade class.

His teacher’s attention split among kids across three grades, Stephen C. started to act out. The school sent him home three to four times a week for behavior issues related to his disability, the lawsuit alleged. Even as an eighth grader, he could barely read or write.

In its friend-of-the-court brief, the Havasupai Tribe said its “people have been isolated at the bottom of one of the world’s most rugged canyons and for more than a century have been forced to depend on the federal government to educate their children.

“Although the days of forced removal and assimilation are over,” the brief continued, “the BIE is still failing its students.”

The federal government didn’t entirely dispute the claims of Stephen C. and his co-plaintiffs.

The BIE and DOI, in June 2017, formally petitioned the U.S. District Court of Arizona to dismiss the case, arguing that the students couldn’t prove the BIE failed or refused to comply with its regulations for what counts as a “basic” education. Also, by that point Stephen C. and four other plaintiffs all had graduated or transferred from Havasupai Elementary, making them ineligible to pursue compensatory educational services, according to the government.

But Lisa Olson, an attorney for the U.S. Department of Justice, also acknowledged the BIE’s shortcomings.

“We are not saying there’s no accountability here. We are just saying that it’s for Congress and the executive to resolve these problems,” Olson said during a November 2019 hearing before U.S. District Judge Steven Logan. “The agency doesn’t dispute that its efforts have been unsatisfactory and they have fallen short.”

Olson asked Logan to consider the many challenges of providing instruction in Supai: There was no funding for an agency helicopter to transport teachers in and out, for example, and new hires often failed their background checks or took other positions before the FBI checks were completed.

“There’s nothing we can do to change that,” she said.

Logan seemed unmoved. “So what you are basically saying, counsel, is it is the problem of the parents, and they need to make better decisions about where they have children so they can be properly educated?” he said. Olson responded, saying, “It is not the parents’ fault, but we need the cooperation of the parents and the community.” She continued, “I’m saying that BIE is doing its best and tries to enlist the support of parents and the tribe.”

Related: A crisis call line run by Native youth, for Native youth

The families also presented a secondary argument — that the complex trauma of Native American children qualifies them for services and protections of the sort that are guaranteed for students with disabilities. They argued that exposure to adversity — specifically, the long-lasting trauma from this nation’s official policy to separate Native children from their families in order to eradicate their cultures and seize tribal land — limited their ability to access the benefits of a public education. To this day, Havasupai families must ship their children away to attend high school, often in other states, and the BIE has no plans to open one in the canyon.

The government warned Logan against following that line of logic, cautioning that it would set a dangerous precedent linking childhood adversity to a student’s ability to learn. The families filed their lawsuit under the Rehabilitation Act of 1973, which prevents discrimination against people with disabilities in federal programs. It does not include adversity or trauma on its list of qualifying conditions, and its applicable regulations expressly note that social disadvantage, such as homelessness or family violence, do not count as impairments, the government noted.

Expanding that definition would threaten to impose “unwieldy” obligations on high-poverty schools across the U.S., the government’s attorneys argued.

“The alleged ‘forced relocation, loss of homes, families and culture,’ and poverty within the Havasupai community … do not constitute a physical or mental impairment,” the motion to dismiss reads.

In August 2020, the federal court issued a mixed decision. Logan allowed the case to continue for students with disabilities. The families also persuaded the court that complex trauma — including interaction with juvenile justice systems, extreme poverty and a denial of access to education — qualifies as a protected disability in the rehabilitation law. But he dismissed the general education claims, deciding that the older students, including Stephen C., had aged out of the school and no potential remedy would be precise enough for a court to enforce.  

The Havasupai families cheered Logan’s ruling, but only in part. As they continued to pursue the special education claims, the Havasupai families challenged his decision to dismiss the rest of the case. A three-judge panel of the U.S. Court of Appeals for the 9th Circuit, which includes Arizona, heard their arguments in February 2022.

“The agency is attempting to comply,” Laura Myron, a Justice Department attorney, told the judges. There are, she added, “numerous, practical obstacles to operating a school at the bottom of the Grand Canyon.”

Kathryn Eidmann, president and CEO of Public Counsel, a pro bono public interest law firm, represented the Havasupai families and argued that their ancestors never chose to permanently live in such an isolated location. The government restricted the tribe to the reservation to make way for Grand Canyon National Park.

“The obstacles that the government is pointing to that make compliance hard are entirely problems of the government’s own making,” Eidmann said.

In a short five-page decision, the 9th Circuit panel allowed the older students to continue their lawsuit against the BIE. They clarified that judges — namely, Logan — could indeed compel an agency to comply with its own regulations. 

The three judges also ruled that the students could seek monetary compensation for the educational services they never received.

Related: 3 Native American students try to find a home at college

Tara Ford, also a pro bono attorney on the Stephen C. case, said at the time that the ruling would reverberate across Indian Country: “Students who have been harmed by the Bureau of Indian Education’s broken promises now have a path to hold the federal government accountable for its failures.”

By then, the students and government had settled the special education claims. Their deal provided each student with $20,000 for compensatory services and required the BIE to follow anti-discrimination provisions of the Rehabilitation Act while creating its first-ever complaint process for parents to challenge suspected discrimination. After the 9th Circuit ruling, however, negotiations to settle the rest of the Stephen C. case stretched beyond a year.

The eventual deal, signed in May 2023, established an $850,000 compensatory education fund for any student who attended Havasupai Elementary since 2011. The BIE estimates about 215 kids could qualify to use that money, meaning each child would receive roughly $4,000, less than some families had hoped for. It also agreed to pay stipends to help recruit and retain teachers in Supai, build additional housing for staff and hire a cultural instructor from the community. The BIE also had to form a new school board.

A year after the case closed, Breanna Bollig, a fellow at the California Tribal Families Coalition, wrote in a legal publication that it could change Native education far beyond Supai.

“The BIE could be held accountable at every other BIE school through similar lawsuits,” Bollig wrote. “Perhaps the federal right to education for Indian children can even be used to improve inadequate and inequitable state public schools that Indian children attend.”

Billy Vides stopped counting at 19.

That’s how many principals he worked with in his first three years as a teacher at Havasupai Elementary. He stayed two more years, submitting his resignation in June.

A longtime educator in Phoenix public schools, Vides first heard of Supai from a pair of grandmothers at an early learning conference. He had considered retiring, but knew he would miss working with kids. Vides searched online for Havasupai, bookmarked an article calling it “America’s Worst Tribal School” and sent in his application.

“I wanted to make a difference,” he said.

The BIE hired Vides in 2019 as a kindergarten and first grade teacher. On his first day, the interim principal assigned him to a combined kindergarten, first, third and fourth grade class. The ages didn’t mix well, he said, and the older kids bullied and sometimes assaulted the younger children.

Joy Van Est, a special education teacher who quit in June, said many of her students’ IEPs had not been updated for several years. It took her four months, the entirety of her tenure there, to update every child’s support plan.

Related: Native American students miss school at higher rates. It only got worse during the pandemic

As part of the settlement, an independent monitor every six months must visit Supai and inspect whether the BIE has complied with its own regulations at the school. The monitor must review 104 specific requirements covering student-to-teacher ratios, curriculum taught in each subject, textbooks, grading rules and more. In its first report following a January 2024 visit, the monitor found the bureau in violation of 72 of those requirements.

The school had a curriculum for just one subject — English language arts — and no textbooks for math, science and social studies, the compliance report reads. Teachers used no lesson plans, in any subject, and the school had no librarian. Only one tribal member taught at the school, leading culture and language classes once a week for 45 minutes. 

The compliance officer granted the BIE some credit for hiring a school counselor and physical education teacher. However, once-a-week P.E. classes only happened if the part-time teacher could catch a helicopter flight. The counselor started in November 2023, but staff shortages required her to cover teachers’ classrooms too often for her to do any counseling work, the compliance officer found. 

The compliance report seemed to have some impact: In the spring, the BIE went on a hiring spree to replenish the beleaguered staff in Supai. A second counselor and special education teacher — Van Est — plus a few additional teachers meant Havasupai Elementary was fully staffed for the first time in years.

A more recent work plan for the school, updated in December, documented further changes: The bureau hired enough staff to meet class size caps. Teachers now submit weekly lesson plans, and the school selected a curriculum and purchased computers for all grades.

The recent recruits include Hoai-My Winder, the school’s new principal. Winder had been working for the Department of Defense, as an administrator at an elementary school in Japan. She previously taught and worked as an assistant principal in Las Vegas, where her family settled after fleeing Vietnam during the fall of Saigon.

“Day Six!” Winder hollered one afternoon this past May as she entered the spiked gates that separate Havasupai Elementary from the rest of the village. It was her tally of the number of days she’d been principal — both at Havasupai Elementary and ever.

While her husband unpacked boxes in their new home, Winder took inventory at her new school. She discovered 40-year-old math textbooks on classroom shelves. Havasupai teachers at some point had created a Supai dictionary and draft curriculum for language instruction; Winder found it collecting dust in a box.

As she met with parents and tribal members during her first week, ahead of the eighth grade graduation ceremony that afternoon, Winder repeated a pledge to stay at Havasupai Elementary for at least five years, maybe 10.

Felicia Siyuja, the longtime school secretary, stood next to Winder as families packed into the cafeteria for the ceremony. As the aroma of frybread wafted from the kitchen, Siyuja tapped the mic before addressing the 13 students sitting in the front row.

“I also want to apologize,” she told the soon-to-be freshmen. “All the teachers and principals rotating for all these years. It was hard for me as a grown-up. I can’t imagine how it was for you.”

Aside from Winder and her supervisor, the BIE would not allow The Hechinger Report to interview school staff on the record. But six current or former Havasupai teachers, most of whom spoke on the condition of anonymity, placed blame on the bureau for Havasupai Elementary’s dysfunction.

“The BIE is the problem,” said one teacher. “The BIE lacks humility.”

The educator, who now works at another BIE school, said he never received cultural training to prepare him for working with Native children and families. Several colleagues resigned before winter break his first year in Supai, making him the most veteran teacher on staff. 

“I had no curriculum. No student names, no mentor, no oversight or guidance,” he said. “You don’t want to be yet another teacher who comes and goes. After three years, it gets old. It’s just exhausting.”

In a February 10 email, a BIE spokesperson wrote that cultural training, including language preservation, had been scheduled for later that month.

Van Est, who joined the bureau specifically to support its mission of uplifting tribal communities, said last summer that she no longer believed it was capable of doing that job. “The entity that has most recently oppressed the Havasupai people is making absolutely no effort to use education as a tool for repair, as a gold mine for building their future,” she said.

Related: Tribal colleges are falling apart. The U.S. hasn’t fulfilled its promise to fund the schools

The BIE blames Havasupai Elementary School’s isolation and lack of housing for its troubles.

Even before the Stephen C. lawsuit, the BIE offered lucrative stipends to lure educators to Supai. It also guarantees housing, in theory, but in a pinch has forced teachers to room together. And a recent hiring spree, to satisfy the settlement, has made housing even tighter.

Dearman said a recent housing needs analysis determined the BIE now needs 30 beds in Supai, but has only 12. One teacher simply didn’t return to their position this fall when the bureau couldn’t secure housing for more than a few weeks.

“That puts a major strain on us being able to keep staff there,” Dearman said about the housing shortage. “We have housing needs at other locations as well. However, Havasupai is so isolated that if you’re not able to stay in our quarters there, there’s no other options.”

He said that it’s hard for some educators to uproot their lives to live in Supai. “It’s a difficult place to come in and out of. It really is,” Dearman said.

Poverty surrounds many BIE schools on tribal reservations, largely as a result of former government policies to eradicate Native peoples. In Supai, nearly 40 percent of the tribe lives in poverty, almost four times the national average. Tourism provides an economic bedrock for the Havasupai economy, though many families rely on government assistance.

Vides, the teacher, struggled with his decision to quit. His wife had remained 300 miles away in Phoenix, raising their 3-year-old daughter without him. He missed a lot of her firsts, and felt torn between her and the Havasupai children.

“It was difficult. I was grieving for the future of these students,” Vides said.

“Either the system is continually broken,” he added, “or the system is working successfully to slowly eradicate this tribe.”

Long before Trump’s executive order in January, some conservatives had pushed school choice as a solution to the BIE’s troubles. In 2016, the right-wing Heritage Foundation proposed turning the BIE into an education savings account, or ESA, which would grant families a portion of their child’s per-pupil funding to spend on private school tuition, home-school supplies and other educational expenses. That same year, the late Arizona Sen. John McCain introduced legislation offering ESAs equal to 90 percent of what the BIE spends on each student.

The bill didn’t advance, but Heritage resurrected the idea last year in its Project 2025 transition plan for the next president. Notably, the conservative think tank — despite citing the BIE’s poor track record as justification for converting much of its funding into vouchers — also proposed granting it even more authority over the education of all Native American students, in all U.S. public schools.

In his January order, Trump required the BIE to identify “any available mechanisms” for families to tap federal funding for private and faith-based schools, as well as to report on the performance of its schools and identify alternatives for families to consider. The agency has until April to submit its plan, for implementation this fall. The White House did not respond to several requests for comment.

In certain tribal communities across Arizona, some parents have started to consider opting out of the BIE system. The state passed a universal school voucher program in 2022, giving any family who wants roughly $7,400 to spend on private or parochial schools or other options. Christian academies on the Gila River Indian Community, a reservation near Phoenix, have already used the program to recruit students.

But in Supai, some residents worry the ESA option is meaningless. The closest private schools, in Kingman, are more than two hours away. Internet access in the village is virtually nonexistent, a hurdle for any parents trying to teach their kids at home.

The National Indian Education Association, an advocacy group, has yet to issue a position on Trump’s order but said in a statement that it’s “closely monitoring” potential impact on cultural preservation and access to education for Native students. In the past, the group has said BIE is the best option to fulfill the federal government’s responsibility to educate Native students. It blames its poor results on Congress — the branch of government holding the purse strings.

“The BIE in general, they just have a difficult time,” said Roman Nose, with the national group for tribal education departments. He noted that Department of Defense schools — the only other K-12 system run by the federal government — receive more funding. And Roman Nose worried how the recent federal layoffs and school choice proposal could further erode BIE’s ability to fulfill the trust responsibility.

The BIE lost dozens of employees in the recent layoffs, sources told ICT. Among those laid off were approximately 30 from non-school positions in the BIE agency offices, excluding kindergarten through 12th grade schools.

“There won’t be any progress made during this administration,” Roman Nose said. “It’s a difficult job, but these are treaty obligations.”

Related: Schools bar Native students from wearing traditional regalia at graduation 

Dearman, the bureau’s longtime director, insisted that the BIE could fulfill the government’s obligation to deliver a quality education to tribal nations.

Under his leadership, the BIE has secured some financial wins for its schools. Lawmakers now funnel about $235 million into the bureau for school construction – it has asked for more than $400 million – and $150 million for replacing older campuses, according to the agency. Counselors and teachers now make the same amount as their counterparts in Department of Defense schools. And Dearman, a longtime champion of early childhood education, has expanded the bureau’s popular preschool program into more schools.

Graduation rates have also climbed. Last year, according to the bureau, 75 percent of its high schoolers earned a diploma on time — a 31 percentage point jump since 2014 and slightly above the national average for Native American students. As of 2021, the last time the BIE reported achievement data, 17 percent of students tested on grade level in English language arts, and 11 percent in math. For three states where the BIE runs two-thirds of its schools, students have posted 8 percentage point increases on English exams and 13-point increases on math exams since 2016, according to the bureau.

The U.S. Government Accountability Office, which has tracked the BIE’s “systemic management weaknesses” since 2013, recently reported that it had achieved substantial progress on school construction and safety. The bureau’s oversight of special education, distance learning and school spending remain open problems, the GAO found, while also noting in its report — released just days before Trump’s recent layoffs — that meager staffing “has been a challenge for BIE for over a decade.”

DeLaCruz left the Native American Disability Law Center in October to work on education litigation for the Tulalip Tribe in northern Washington state. A little more than a year after closing the Havasupai case, she hesitated to call either settlement a win. 

Still, she noted in an email that the creation of a school board at Havasupai Elementary had been a big step forward: “The fact there is a community-led School Board to ask questions and voice concerns to the BIE is vital to improving education at Havasupai Elementary School.”

The morning after the eighth grade graduation ceremony, Kambria Siyuja walked past her old elementary school as the sun crawled over the rust-red walls of Supai Canyon.

She greeted parents dropping off their sleepy toddlers at the federal Head Start preschool. Siyuja has worked there every summer break in college, hoping to decide whether to pursue a job in early learning or teaching down the road, at Havasupai Elementary.

Her grandmother, Bernadine Jones, attended Havasupai Day School in the 1960s, when it only offered K-2 classes, before attending and graduating from a Phoenix high school. She eventually returned to Supai and taught at her old school and the village preschool for 20 years. Siyuja’s mother teaches at the tribal Head Start program.

Academically, Siyuja finally feels prepared to be a teacher.

“It’s really weird taking a class in college and learning stuff they should have taught me at that elementary school,” she said. “Now I’m really able to understand math, and also teach math.”

This winter, Siyuja returned home for break with big news. Not only had she finally finished remedial math and qualified for a math class this past semester that would earn her full college credit, she’d passed it, receiving a B.

Siyuja also recently learned she qualified for about $3,500 from the Stephen C. settlement. She said she had planned to use the money to pay for her spring semester of college, but as of February, had not heard back from a BIE representative about the payment.

She graduates from Fort Lewis College, the former site of a notorious Indian boarding school, in 2026. 

Despite her misgivings about the BIE, she said she views becoming an educator at the school as the best way possible to help her community. “I just want the younger kids to have a much better education than we got.”

Contact staff writer Neal Morton at 212-678-8247 or [email protected].

This story about the Bureau of Indian Education was produced by The Hechinger Report, a nonprofit, independent news organization focused on inequality and innovation in education, in collaboration with ICT (formerly Indian Country Today). Sign up for the Hechinger newsletter. Sign up for the ICT newsletter.

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