Education on tribal lands in the United States is provided through three primary types of schools: Bureau of Indian Education (BIE) operated schools, Tribally Controlled Grant Schools, and state-run public schools. Each has distinct governance structures, funding mechanisms, and regulatory oversight. Understanding these differences is crucial for educators, policymakers, and tribal communities seeking the best educational opportunities for Native students.

BIE-Operated Schools

Overview

BIE-operated schools are directly funded and managed by the Bureau of Indian Education, a division of the U.S. Department of the Interior. These schools serve Native American students by federal laws and treaties. They adhere to federal education standards and policies set by the BIE.

Governance and Funding

• Governance: BIE-operated schools are directly supervised by the Bureau of Indian Education, which establishes curriculum requirements, hiring policies, and school operations.
• Funding: These schools receive their budget from the federal government through the BIE, which is primarily funded under the Indian Self-Determination and Education Assistance Act (ISDEAA) (Public Law 93-638) and Title 25 U.S.C. § 2001 et seq. Funding is often allocated based on student enrollment and additional grants for language and cultural programs.

Hiring and Background Checks

BIE schools must comply with Public Law 101-630, the Indian Child Protection and Family Violence Prevention Act (25 U.S.C. § 3201 et seq.), which mandates rigorous background checks for all employees working with Native children. Under PL 101-630, applicants must undergo fingerprinting, FBI background checks, child abuse registry screenings, and adjudication processes. Any prior conviction for offenses related to child abuse, neglect, or certain violent crimes disqualifies an applicant from employment, regardless of rehabilitation efforts.

This process is far more stringent than required for state-run schools, where background checks vary by state and may not include the same federal-level scrutiny.

Example: Chemawa Indian School (Oregon)

Chemawa Indian School, located in Salem, Oregon, is one of the oldest federally operated boarding schools. It is entirely run by the BIE, and students from various tribal nations attend. They receive an education aligned with federal standards and Native cultural programs.

Tribally Controlled Grant Schools

Overview

Tribally Controlled Grant Schools are funded by the federal government but operated by tribal governments or tribal education departments under grant agreements. These schools allow tribes to exercise self-determination and tailor education to their communities’ needs.

Governance and Funding

• Governance: Unlike BIE schools, tribal school boards govern these institutions. They have the authority to set policies, hire personnel, and determine curriculum. This is made possible under the Tribally Controlled Schools Act of 1988 (Public Law 100-297, 25 U.S.C. § 2501 et seq.), which allows tribes to take control of BIE funding and administer their schools.
• Funding: Tribally Controlled Grant Schools receive federal funding through the BIE but have greater flexibility in allocating resources. They may also apply for additional grants and support from tribal governments, states, and private sources.

Hiring and Background Checks

Like BIE schools, Tribally Controlled Grant Schools must comply with PL 101-630, requiring extensive employee background checks. Even though these schools operate independently from direct BIE control, they must still meet federal hiring standards, making the employment process significantly more restrictive than state-run schools.

This requirement often results in longer hiring times and difficulty filling vacancies, particularly in rural areas where qualified candidates may be disqualified due to minor past offenses or procedural delays in obtaining clearance.

Example: Navajo Preparatory School (New Mexico)

Navajo Preparatory School, located in Farmington, New Mexico, is a tribally controlled grant school serving students from the Navajo Nation. The school operates with autonomy from the BIE but still receives federal funds, allowing it to incorporate Navajo language, culture, and governance principles into its curriculum.

State-Run Public Schools on Tribal Lands

Overview

State-run public schools on tribal lands operate under state education departments but serve Native students living in or near tribal communities. These schools follow state curriculum standards and regulations rather than BIE policies.

Governance and Funding

• Governance: State-run public schools are managed by state education agencies or local school districts. They must comply with state laws and the Elementary and Secondary Education Act (ESEA), as amended by the Every Student Succeeds Act (ESSA) (Public Law 114-95, 20 U.S.C. § 6301 et seq.). While tribes may have input, governance ultimately remains with state authorities.
• Funding: These schools receive funding from state and local governments, supplemented by federal programs like Title VI Indian Education grants, which support Native students’ cultural and academic needs.

Hiring and Background Checks

Unlike BIE and Tribally Controlled Grant Schools, state-run schools are not subject to PL 101-630. Instead, hiring processes vary by state, with some requiring only a basic state-level background check and others relying solely on fingerprinting through state law enforcement agencies.

This means state-run schools can hire staff more quickly and are less likely to disqualify candidates for past offenses that would be automatic grounds for rejection under federal hiring standards. As a result, they have a competitive advantage in hiring over BIE and Tribally Controlled Grant Schools, which face longer clearance times and stricter disqualification rules.

Example: Window Rock Unified School District (Arizona)

Window Rock Unified School District, located in the Navajo Nation in Arizona, is a state-funded public school district serving predominantly Native students. Although on tribal land, it follows Arizona state education policies and receives funding through its public school system.

Key Differences in Governance, Funding, and Hiring

Feature | BIE-Operated Schools | Tribally Controlled Grant Schools | State-Run Public SchoolsGovernance | Managed by BIE | Managed by Tribal School Boards | Managed by State/District
Funding Source | Federal (BIE) | Federal (BIE) & Tribal Control | State & Local Funds
Curriculum Control | Federal Standards | Tribal Authority & Federal Requirements | State Curriculum
Flexibility | Limited autonomy | High autonomy for tribes | Limited tribal input
Regulating Laws | ISDEAA, 25 U.S.C. § 2001 | TCUSA, 25 U.S.C. § 2501 | ESEA, ESSA, 20 U.S.C. § 6301
Background Checks | PL 101-630 (Strict) | PL 101-630 (Strict) | State Laws (Less Restrictive)
Hiring Challenges | Lengthy clearance process, high disqualification rate | Same as BIE | Faster hiring, fewer restrictions

Conclusion

The distinction between BIE schools, tribally controlled grant schools, and state-run public schools on tribal lands highlights the complexity of Native education in the U.S. BIE and Tribally Controlled Grant Schools must adhere to federal hiring laws under PL 101-630, making it significantly harder to hire and retain staff compared to state-run schools, which operate under less restrictive background check requirements.

While state schools have a hiring advantage, they may lack culturally relevant curricula and tribal input. Tribes continue to advocate for greater control over their children’s education while balancing the challenges of compliance with federal hiring standards.