Today, an estimated 10 percent of American Indian children attend the  174 schools and 12 dormitories that receive funding from the Department  of the Interior’s BIE. BIE and BIE-Funded Schools Have Generally Used State Definitions of AYP, but BIE Has Not Taken Steps to Ensure Continued Access to All State Assessments

Almost all of the BIE schools adopted the definition of AYP, content  standards, and assessments of the state in which the school is located. BIE Lacked Completed Agreements with about Half of the States with BIE Schools, Which Can Affect Access to State Assessments

BIE uses MOUs with states to delineate the terms of BIE-funded schools’  access to the states’ assessment systems; however it had not completed  MOUs with 12 of the 23 states, including 5 we visited—Arizona, California,  Florida, Mississippi, and New Mexico. Three Tribal Groups Have Officially Begun Developing AYP Alternatives in Part to Integrate Culture or Language, While Other Tribal Groups Have Chosen Not to Do So, in Part Because of Substantial Potential Challenges

Officials from three tribal groups—the Navajo Nation, OSEC, and the  Miccosukee Tribe of Indians—have informed BIE officials that they wish  to pursue alternatives to state AYP definitions for a variety of reasons,  including the desire to ensure that standards and assessments include  components of native culture. Three Tribal Groups, Representing about 44 Percent of BIE Students, Have Begun to Develop Alternatives to State Definitions of AYP, in Part to Ensure That Content Standards and Assessments Reflect Native Culture

As of March 2008, three tribal groups—Navajo Nation, OSEC, and  Miccosukee—had formally notified the BIE of their intent to develop  alternatives to state definitions of AYP. Tribal Groups Considering Alternatives and School Officials Reported a Lack of Federal Guidance and Communication, but BIE and Education Have Recently Begun Providing Some Initial Assistance

Most tribal groups, school officials, and ELOs we spoke with said they had  little guidance about the process BIE uses to help tribal groups develop  alternatives. During  the course of our review, 19 of the 21 ELOs we interviewed also stated  they had not received any training or written guidance on the BIE’s policy  for approving a tribal groups’ request for an alternative, even though  providing technical assistance to tribal groups developing an alternative is  included in their job responsibilities. Officials from BIE and Education Have Recently Begun to Offer Technical Assistance

To address tribal groups’ requests for technical assistance, BIE assigned a  staff person as the primary BIE contact for tribal groups that are  requesting technical assistance or seeking to develop alternatives. Developing  alternatives requires clear and timely communication between BIE and  tribal groups, as well as between BIE and Education. I);  Education did not. We are sending copies of this report to the Secretaries of Education and  the Interior; the Director of the Bureau of Indian Education;  representatives of tribal groups identified in the report, relevant  congressional committees, and other interested parties. No Child Left Behind Act: States Face Challenges Measuring Academic  Growth That Education’s Initiatives May Help Address.
Why GAO Did This Study

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.

What GAO Found

Although almost all of the 174 BIE schools have officially adopted BIE's definition of AYP--the definition of AYP of the state where the school is located--BIE had not yet completed memoranda of understanding (MOU) to delineate BIE and state responsibilities concerning BIE schools' access to the states' assessment systems for 12 of the 23 states with BIE schools. Without MOUs, states could change their policies regarding BIE schools' access to assessments and scoring services. Officials from the Navajo Nation, the Oceti Sakowin Education Consortium, and the Miccosukee Tribe have begun to develop alternatives to state AYP definitions, in part to make standards and assessments reflect their culture, while officials of other tribal groups have cited various reasons for not developing alternatives. The three tribal groups developing alternatives, representing about 44 percent of the 48,000 BIE students, have requested technical assistance in developing their alternatives. Other tribal officials cited a desire to maintain compatibility with public schools and/or cited challenges, such as a lack of expertise, as reasons not to pursue alternatives. The three tribal groups pursuing alternatives reported a lack of federal guidance and communication, although they have recently received some initial technical assistance from BIE and Education officials. These tribal groups reported receiving little guidance from BIE and difficulties in communicating with BIE because the Bureau did not always have internal response timelines or meet the ones it had. Moreover, BIE education line officers--the primary points of contact for information on the alternative provision--generally indicated that they had received no guidance or training on the provision. During the course of this review, BIE and Education officials began offering technical assistance to the tribal groups working to developalternatives