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Law360 (August 17, 2020, 5:05 PM EDT) -- The National Indian Education Association and the National Congress of American Indians have urged the Bureau of Indian Education not to resume in-person classes this fall until it consults "meaningfully" with tribes about COVID-19 risks.
The advocacy groups chimed in Friday in response to an Aug. 6 letter to tribal leaders from Assistant Secretary of Indian Affairs Tara Sweeney, in which she said that all 55 Bureau-operated K-12 schools across the country should resume in-person classes on Sept. 16 "to the maximum extent possible."
Tribal leaders have yet to receive adequate assurances that this can be done safely, the groups claimed.
"NCAI and NIEA firmly believe that schools should only reopen for in-classroom instruction if it can be done safely," they said. "Moreover, such decisions should only be made after meaningful consultation with, and input from, the local tribal community and its tribal administration."
There "must be an online instruction option," in addition to in-person instruction, the groups added.
The BIE's Aug. 6 recommendations incorporated feedback from "tribal consultations" that took place on July 9, 10 and 14, according to Sweeney's letter. While they only pertain to Bureau-operated schools, an additional 132 tribe-controlled schools are urged to follow suit.
"Students more effectively learn and grow while attending school during in-person academic instruction," Sweeney wrote. "The BIE is also better able to ensure continuity in student academic services and enrichment when students are present at school."
The letter alluded to "rotational" scheduling to reduce class sizes, and said that BIE schools "will be ready" to switch to remote learning if there is a COVID-19 outbreak. Bureau-operated boarding schools will function as day schools for the 2020-2021 school year, according to the bureau.
Sweeney sketched out a "toolkit" for each school, including guidance for maintaining social distancing and distributing personal protective equipment and accommodations for special needs students.
Concerned families will be able to opt for a virtual learning alternative, according to Sweeney. Each school will be equipped with wireless internet, and internet hotspots will be issued to families "to the extent possible."
Indian Affairs also alluded to an "alternative education program" for families who do not have the technology to work remotely. BIA did not immediately respond to a request for further details.
"NCAI and NIEA are eager to see plans in the form of the BIE 'toolkit' outlined in the August 6 letter," the tribal groups said Friday, adding that the "swift dissemination of this information will demonstrate transparency."
In an Aug. 13 press release, Navajo Nation President Jonathan Nez said parents and school principals on the country's largest reservation want remote learning this fall, citing recent surveys.
"According to the Department of Diné Education ... an overwhelming majority of parents support virtual/online learning for the safety of their children," the release stated.
According to Nez's office, BIE Acting Associate Deputy Director Charles Sherman recently said he respects the nation's sovereign right to proceed with remote learning in September. The Bureau of Indian Affairs did not immediately comment on this claim.
Nez also acknowledged that many parts of the Navajo Nation — which spans parts of New Mexico, Arizona and Utah — lack internet connectivity.
"We recognize that there are challenges including the lack of adequate telecommunications infrastructure to support online learning for all students and we are advocating to use [federal relief] funds to help address that issue," Nez said in a statement.
Diana Cournoyer, director of the National Indian Education Association, told Law360 she is hopeful that the government will respect other tribes' sovereign right to proceed with remote learning. Yet she is frustrated that tribes haven't gotten more support from the federal government over the last decade to meet broadband and technology needs.
"This is not a new fight," she said. "Now we're in a pandemic where distance learning is going to be a lifesaver ... and communities are left to struggle."
--Editing by Daniel King.
Update: This story has been updated with comment from the director of the NIEA.
For a reprint of this article, please contact reprints@law360.com.
