Tribes file lawsuit to stop BIA school reorganization

By Jomay Steen, Journal Staff Writer | Thursday, May 25, 2006

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SIOUX FALLS — Seven North Dakota and South Dakota tribes and four tribal schools filed suit Wednesday against the U.S. Department of the Interior, Bureau of Indian Affairs and Office of Indian Education Programs, or OIEP, to halt the planned reorganization of Indian Education management.

About noon Wednesday at U.S. District Court in Sioux Falls, tribes filed suit seeking a restraining order and an injunction that would require the BIA and OIEP to consult with the tribal governments affected by the reorganization of education offices.

If successful, the suit would halt costly restructuring until the agencies comply with all federal laws, regulations and policies governing Indian education programs and keep six administrative offices at the schools on the reservations.

On Wednesday afternoon, Nedra Darling, spokeswoman of Indian Affairs at the Interior Department, said she was not aware of the lawsuit.

Darling said that the education reorganization stemmed from findings that more than 66 percent of all students enrolled in BIA schools were failing to meet adequate yearly progress required under the federal No Child Left Behind law.

To improve these failing school systems, James E. Cason, the associate deputy secretary of the Department of the Interior, wanted to improve the management structure and increase accountability, which led to the reorganization plan, she said.

“It will bring in a higher level of people to provide management and tools to almost 50,000 students in 184 schools across Indian Country,” Darling said.

The new plan would affect 11,664 students in the Dakotas, she said. “It sets up a structure to provide the best educational opportunities for children in Indian schools,” Darling said.

Calls to officials at the Cheyenne River, Rosebud and Standing Rock tribes were not immediately returned. Chairman Robert Cournoyer of the Yankton Sioux Tribe and President Cecelia Fire Thunder of the Oglala Sioux Tribe were out of their offices.

But tribal officials have opposed the proposed closing of six administrative offices, part of the OIEP Reorganization Plan, which includes terminating the staff positions in those offices. The offices monitor grants received by reservation schools, ensuring that schools comply with education programs and standards for which they receive grants, provide oversight of accreditation and certification of schools and teachers and are responsible for security and safety issues, student rights and technical assistance. Office staffers also oversee maintenance in schools, dormitories, employee quarters, grounds and buildings, and serve as contracting officers, tribal officials said.

Under the reorganization plan, the six reservation offices would be replaced with three administrative offices in Pierre, Rapid City and Minot, N.D. — all several hours away from the 35 tribal and BIA schools served.

According to a news release, Chairman Harold Frazier of the Cheyenne River Indian Reservation said he is concerned about the cost of the restructuring, saying it comes at a time when tribal schools are experiencing severe budget cuts and lack the funds to provide basic services to children.

“Last year, I requested emergency funding for three of our schools because they could not even meet the transportation costs for transporting students to school, … yet we can spend millions on new administrative positions located farther away from these schools that need technical assistance,” he said in the release.

Frazier said the plan will cost more and result in fewer services to students.

Plaintiffs in the suit include the Yankton, Flandreau Santee, Cheyenne River, Oglala, Lower Brule and Standing Rock Sioux tribes, the Turtle Mountain Band of Chippewa Indians, Marty Indian School, Loneman District School, Porcupine School and Wounded Knee School District.

Contact Jomay Steen at 394-8418 or jomay.steen@rapidcityjournal.com