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Bureau of Indian Education Schools: Improving Interior's Assistance Would Help Some Tribal Groups Implement Academic Accountability Systems

GAO-08-679 Published: Jun 27, 2008. Publicly Released: Jun 27, 2008.
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Highlights

The No Child Left Behind Act (NCLBA) requires states and the Department of the Interior's Bureau of Indian Education (BIE) to define and determine whether schools are making adequate yearly progress (AYP) toward meeting the goal of 100 percent academic proficiency. To address tribes' needs for cultural preservation, NCLBA allows tribal groups to waive all or part of BIE's definition of AYP and propose an alternative, with technical assistance from BIE and the Department of Education, if requested. GAO is providing information on the extent of (1) BIE schools' adoption of BIE's definition of AYP; (2) tribal groups' pursuit of alternatives and their reasons as well as reasons other tribal groups have not done so; and (3) federal assistance to tribal groups developing alternatives. To obtain this information, GAO interviewed tribal groups, federal officials, and state education officials; conducted site visits to BIE schools; and reviewed laws, regulations, and other relevant documents.

Recommendations

Recommendations for Executive Action

Agency Affected Recommendation Status
Department of the Interior To improve support for tribal governments and school boards in their adoption of definitions of AYP, the Secretary of the Interior should direct BIE to coordinate with relevant tribal groups in pursuing negotiation of MOUs with states that lack them, seeking facilitation from Education when necessary and appropriate.
Closed – Implemented
Bureau of Indian Education (BIE) reported in 2009 that it was continuing to work jointly with Education to facilitate agreements to ensure access to state assessments and establish MOUs with those states where none existed. In 2011 BIE supplied an update, but had not concluded MOUs with any additional states. In 2012, BIE officials stated that the agency was changing its assessment policy to reduce its reliance on access to particular state assessments. BIE has held formal tribal consultation sessions with tribes on a flexibility waiver that would involve adopting a unitary accountability strategy for BIE-funded schools, potentially eliminating their need to access to any particular state assessment.
Department of the Interior To improve support for tribal governments and school boards in their adoption of definitions of AYP, the Secretary of the Interior should direct BIE to, in close coordination with Education, provide prompt assistance to tribal groups in defining assessment options, especially in instances in which tribal groups are not accessing state assessments. Such assistance could include delineating options--such as using an already established assessment, augmenting an assessment, or incorporating cultural components as an additional academic indicator--and their associated costs.
Closed – Implemented
Bureau of Indian Education (BIE) reported it had established a Scope of Work (SOW) that addressed the full range of technical assistance needed to assist tribal groups seeking a waiver. In July 2012, BIE stated it had documentation of the results of this contract and documentation of tribal consultations in which this issue may have been discussed. BIE uses two consulting firms to provide technical assistance to tribes. The firms provide information and training related to assessments and assessment options, continuous improvement, and the development of assessments of oral languages.
Department of the Interior To improve support for tribal governments and school boards in their adoption of definitions of AYP, the Secretary of the Interior should direct BIE to provide guidelines and training on the process for seeking and approving alternatives to all tribal governments, tribal school boards, and education line offices.
Closed – Implemented
BIE developed information on the process for seeking and approving alternative definitions of AYP for tribal governments, school boards and education line officers, which it posted on its web site. In addition, BIE continues to provide guidance and training to tribal groups and school boards seeking to develop alternative AYP definitions.
Department of the Interior To improve support for tribal governments and school boards in their adoption of definitions of AYP, the Secretary of the Interior should direct BIE to establish internal response time frames and processes to ensure more timely responses to all correspondence with tribal groups as well as proactive communication with tribal groups and Education to resolve issues related to waivers, requests for technical assistance, and development of alternative definitions of AYP.
Closed – Implemented
Bureau of Indian Education (BIE) stated it continues to be more proactive in its communication with tribal groups and the Department of Education to resolve issues related to waivers of the state's definition of adequate yearly progress (AYP), requests for technical assistance, and development of alternative definitions of AYP. BIE follows the Indian Affairs' policy on processing controlled correspondence found in its Indian Affairs Correspondence Handbook. This process is included as part of the guidance for technical assistance for the alternative definition of AYP. More recently, BIE has issued an internal memorandum establishing policies and timeframes for responding to inquiries related to technical assistance in compliance with ESEA.

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Topics

Academic achievementEducation program evaluationEducational standardsEducational testingElementary educationFederal regulationsstate relationsIndian affairs legislationInternal controlsNative American educationNative AmericansPolicy evaluationProgram evaluationProgram managementPublic schoolsSchool management and organizationSchoolsSecondary educationStandards evaluationStrategic planningWaiversAssessmentsEducation programsProgram goals or objectivesProgram implementation