Bureau of Indian Education & Tribal Schools

The Bureau of Indian Education (BIE), housed within the Department of the Interior, operates or funds 183 elementary and secondary schools and 32 tribal colleges and universities serving approximately 46,000 students across 23 states — fulfilling the federal government's treaty and trust obligations to provide education to American Indian and Alaska Native children. The BIE system, governed primarily by 25 U.S.C. §§ 2001–2020, includes two types of schools: BIE-operated schools (directly run by Interior Department employees) and tribally controlled schools (operated by tribal governments or tribal school boards under grants or contracts). BIE schools are among the most chronically underfunded schools in America, with facilities in significantly worse condition than the national average — yet they serve some of the most disadvantaged student populations in the country and carry the unique responsibility of preserving Indigenous languages and cultures.

Current Law (2026)

Legal Authority

• 25 U.S.C. § 2001 — Accreditation (BIE schools must achieve and maintain accreditation; BIE must establish standards for school board composition, superintendent qualifications, and educational programs)
• 25 U.S.C. § 2005 — Facilities construction (Secretary must establish and publish a priority system for school construction and renovation based on health and safety hazards, accessibility, and educational adequacy)
• 25 U.S.C. § 2006 — BIE education functions (establishes the education functions and organizational structure of the Bureau; requires qualified education professionals)
• 25 U.S.C. § 2007 — Allotment formula (establishes the Indian School Equalization Formula for distributing operating funds; formula considers student count, grade level, geographic isolation, boarding costs, and supplemental educational needs)
• 25 U.S.C. § 2010 — Uniform direct funding and support (ensures equitable and transparent funding distribution to all BIE schools)
• 25 U.S.C. § 2011 — Policy for Indian control (declares it the policy of the United States to facilitate Indian control of Indian affairs in all matters relating to education; tribally controlled school boards have authority over school operations)
• 25 U.S.C. § 2016 — Rights of Indian students (students in BIE schools have rights similar to those of students in public schools — including privacy, due process, freedom from unreasonable search and seizure, and freedom of expression)
• 25 U.S.C. § 2019 — Early childhood development program (authorizes early childhood and family development programs at BIE schools)
• 25 U.S.C. § 2020 — Tribal departments or divisions of education (tribes may establish their own education departments to coordinate education services)

How It Works

BIE schools operate under two governance structures. BIE-operated schools (53 schools) are directly managed by federal employees — the teachers, principals, and support staff are BIE personnel. Tribally controlled schools (130 schools) are operated by tribal governments or tribal school boards under grants from BIE, with the tribe exercising direct control over hiring, curriculum, and school operations. All BIE schools must comply with IDEA special education requirements. The trend has been toward tribal control — reflecting the federal policy (§ 2011) of facilitating Indian self-determination in education.

The funding formula (Indian School Equalization Formula, ISEF) distributes operating funds based on a weighted student count. Base funding follows each student, with weights added for grade level, geographic isolation, boarding students, gifted and talented programs, special education, and other factors. In practice, per-pupil funding at BIE schools has historically lagged behind comparable public school districts, though recent appropriations increases have narrowed the gap.

The Government Accountability Office has repeatedly identified BIE school facilities as among the worst in the country. Many BIE school buildings are decades old, lack adequate heating, cooling, and ventilation, and fail to meet current safety and accessibility standards. The school construction and renovation backlog is estimated at over $1 billion. Congress has increased facilities funding in recent years, but the backlog remains substantial.

Cultural and language preservation distinguishes BIE schools from typical public schools. Many BIE schools incorporate Indigenous language instruction, cultural education, and traditional knowledge into their curricula — sometimes operating as language immersion schools to revitalize endangered languages. The Esther Martinez Native American Languages Programs Act and other authorities support these efforts, recognizing that BIE schools may be the last institutional setting where some Indigenous languages are actively taught.

Tribal colleges and universities (TCUs) are separately authorized but part of the BIE's mission. Thirty-two TCUs serve approximately 30,000 students on or near reservations, providing higher education, workforce training, and community development. TCUs are primarily funded through the Tribally Controlled Colleges and Universities Assistance Act (25 U.S.C. § 1801+).

How It Affects You

State Variations

Implementing Regulations

• 25 CFR Part 36 — Minimum Academic Standards for the Basic Education of Indian Children and National Criteria for Dormitory Situations (54 sections across two subparts): the federal floor for educational quality and residential conditions at all BIE-operated and tribally controlled schools. Part 36 establishes 18 mandatory academic standards (Subpart A, §§ 36.10–36.51) plus detailed requirements for boarding school dormitories (Subpart G, §§ 36.70–36.120). Key provisions:

  • § 36.10 — Standard I (Philosophy and goals): each school must develop a written mission statement and philosophy of education; curricular and instructional programs must reflect the unique needs, culture, and language of the Indian community served
  • § 36.11 — Standard II (Administrative requirements): minimum staffing ratios — all schools must maintain a school board, a qualified superintendent, and comply with BIE certification requirements for teachers and administrators; the school's policies must be consistent with tribal governing body priorities
  • § 36.12 — Standard III (Program needs assessment): school policies and curricula must be developed through a formal assessment of student and community educational needs; needs assessments must be updated regularly and drive curriculum revision
  • § 36.20 — Standard V (School calendar): emergency dismissals from uncontrollable circumstances (weather, facility failure) must be made up; minimum calendar days must be met; the school cannot simply lose instructional days
  • §§ 36.21–36.24 — Standards VI–IX (Grade-level instructional programs): specific content requirements by grade band — kindergarten (language development, native language where necessary), elementary grades 1–6 (language arts, math, science, social studies, physical education), middle school, and secondary; secondary programs must reflect the philosophy of the student, tribe, community, and school — an explicit acknowledgment of tribal educational sovereignty
  • § 36.30 — Standard X (Grading): uniform grading system required; grading must assess mastery of prescribed objectives
  • § 36.32 — Standard XII (Graduation requirements): graduation requirements must be approved by the local school board and agency superintendent; applied beginning with the class of 1987-88
  • § 36.40 — Standard XIII (Library/media): library program must meet applicable state and/or regional standards; BIE schools cannot fall below state library benchmarks
  • § 36.41 — Standard XIV (Textbooks): each school must establish a textbook review committee composed of teachers, parents, students, and school board members; this committee reviews materials for cultural appropriateness and academic quality — a structural safeguard against curricula that erase Indigenous culture
  • § 36.50 — Standard XVII (Program evaluation): every BIE school must complete a formal evaluation at least once every 7 years, beginning no later than the second complete year of operation; the evaluation must assess all 18 standards and feed into the school improvement plan
  • § 36.51 — Standard XVIII (BIE monitoring): the Office of Indian Education Programs (now BIE) must monitor and evaluate school conformance with all standards; schools not meeting standards must develop and implement corrective action plans
  • §§ 36.70–36.99 — Subpart G (National criteria for dormitory/homeliving programs): mandatory standards for the approximately 20 BIE boarding schools still operating. A "homeliving program" is the residential component of a BIE school — the after-school hours when students are in dormitories rather than classrooms. Requirements include:
    • § 36.75 — staff qualifications (supervisors must meet education and experience thresholds specified in a table)
    • § 36.77 — staffing ratios (homeliving programs must meet minimum student-to-staff ratios by program size and student age)
    • § 36.79 — behavioral health professional requirements: licensed or state-certified behavioral health professional(s) must be available at all homeliving programs; must average at least 75% of work hours with students in the homeliving program (§36.82); programs may not use support staff or teachers to satisfy the behavioral health requirement (§36.81); students may not be removed from the academic setting for behavioral health services for more than 5 hours per week (§36.83)
    • § 36.86 — staff training: all homeliving staff and any employees supervising students must complete required training; training requirements are specified for each position
    • § 36.92 — activities: homeliving programs must provide at least 1 hour per day of scheduled, structured physical activity; academic tutoring, recreational activities, and student safety services must be available
    • § 36.97 — health services: basic medical, dental, vision, and other health services must be available to all residential students
    • § 36.98 — isolation room: programs must have an isolation room for ill students, separate from regular sleeping quarters
    • § 36.111 — tribal waiver authority: a tribal governing body or local school board may waive some or all of the Subpart G standards by formal action — recognizing that tribes have authority over the conditions of residential life in their schools
    • § 36.112 — protection against closure: a homeliving program cannot be closed, transferred, consolidated, or substantially curtailed solely because it fails to meet the Subpart G standards; this provision protects students already in residential placement from having their housing removed as a punitive response to facility shortfalls

  Part 36's significance lies in what it reveals about BIE's history. The 18 academic standards were set in the 1980s and many remain unchanged — a baseline minimum that can lag far behind current educational best practices. The homeliving standards respond directly to documented abuses in BIE boarding schools: the behavioral health professional requirements and the prohibition on using teachers to fill mental health roles reflect reforms following reports of inadequate supervision and mental health care at residential facilities. The curriculum provisions (particularly the explicit requirement that programs reflect the tribe's language, culture, and community philosophy) embed tribal self-determination into the educational floor rather than treating it as optional enrichment.

• 25 CFR Part 32 — BIA/BIE Indian Education Policies: the foundational policy framework governing all schools and education programs under BIA/BIE jurisdiction, implementing 25 U.S.C. § 2010's broad mandate for federal Indian education. Key provisions:

  • § 32.1 — Scope: applies to all BIA/BIE schools (day schools and residential schools); contract schools operated by Indian tribes or Alaska Native entities may develop independent policies consistent with their contractual obligations, or may elect to follow Part 32; adherence must reflect the best interests of students, the federal government, and the tribes
  • § 32.3 — Mission statement: frames federal Indian education within the government-to-government relationship and the Indian Self-Determination and Education Assistance Act (25 U.S.C. § 450); recognizes children as "the most vital resource" of tribal communities; establishes the goal of providing comprehensive education programs that support tribal self-determination and cultural continuity
  • § 32.4(a) — Policy making: no new policy shall be established nor any existing policy changed without consultation with affected tribes and Alaska Native government entities; each agency or local school board is empowered as the policy-making body for its school consistent with tribal authority; tribes must fully exercise self-determination in planning, priority-setting, management, operation, staffing, and evaluation
  • § 32.4(b) — Student rights: the Director must ensure the constitutional, statutory, civil, and human rights of all Indian and Alaska Native students; the role of tribal judicial systems must be respected
  • § 32.4(c) — Curriculum: educational programs must reflect the tribe's language, culture, history, and community philosophy and embed that content in the curriculum — not as optional enrichment but as a program design requirement; the Director must publish and distribute the official BIA/BIE Indian education policies

  Part 32 is the overarching policy governance framework that sits above the operational regulations for specific programs (school facilities in Part 33, school operations in Part 36, adult education in Part 46). The consultation requirement in §32.4(a) is procedurally significant — any BIA/BIE-wide policy change requires tribal consultation before implementation, giving tribal governments a formal veto point over educational policy changes that would affect their communities. Contract schools run by tribes under the Indian Self-Determination Act (25 U.S.C. § 450) have the option to depart from Part 32 entirely and develop fully independent policies under their tribal authority — a right that reflects the broader self-determination framework and explains why BIE schools vary substantially in curriculum design and governance structure.

• 25 CFR Part 39 — BIE Indian School Equalization Program (ISEP formula, weighted student units, administrative cost grants)

• 25 CFR Part 46 — BIE Adult Education Program: the BIA/BIE regulations governing the Adult Education Program for Indian adults who lack the level of literacy skills necessary for effective citizenship and productive employment. The program provides federally funded adult basic education, GED preparation, English language instruction, and vocational skills training through BIE field offices and partnering tribal organizations. Key provisions:

  • § 46.1 — Purpose and scope: the Adult Education Program aims to (a) improve educational opportunities for Indian adults lacking basic literacy; (b) expand and improve delivery of adult education services; (c) enable Indian adults to become self-sufficient; (d) support the participation of tribal organizations in program delivery; and (e) coordinate with employment and economic development programs — recognizing that adult education is inseparable from employment outcomes in Indian Country
  • § 46.2 — Definitions: "Adult" means any individual who has attained age 16 or is beyond the age of compulsory school attendance under state or tribal law and is not currently enrolled in a formal secondary or post-secondary program; "Adult Basic Education (ABE)" means instruction for an adult at or below the 8th grade level; "Adult Secondary Education (ASE)" means instruction for an adult above the 8th grade level leading to GED or equivalency
  • § 46.10 — Eligible activities: funds may support local projects enabling Indian adults to (1) acquire basic literacy skills; (2) continue education through secondary level or GED; (3) obtain occupational or vocational skills; (4) acquire English language proficiency (ESL/ELL programs); (5) participate in programs specifically designed for Indian adults, including programs that incorporate Native language and culture into instruction
  • § 46.20 — Program requirements: each Adult Education Office must assess the needs of Indian adults in its service area before designing programs; the needs assessment must consider local dropout rates, average grade levels of adults, unemployment patterns, and the presence of non-English-speaking adults; program design must respond to the assessed needs rather than imposing a one-size-fits-all curriculum
  • § 46.30 — Records and reporting: Adult Education Offices must submit annual reports to the Director, Office of Indian Education Programs (now BIE), covering: type of eligible activities conducted, number of participants, performance outcomes (GED completion rates, employment after program, literacy improvement measures), and expenditure data

  The Adult Education Program fills a gap left by the broader adult education infrastructure: state-run adult education programs (funded under the Workforce Innovation and Opportunity Act's Adult Education and Family Literacy Act title) often have limited reach in rural Indian Country, and tribal adults may face cultural and linguistic barriers in state programs. The BIE Adult Education Program's explicit authorization to incorporate Native language and culture into instruction (§46.10) allows Adult Education Offices to design programs that address tribal communities' specific contexts — whether that's English language literacy for a community where an Indigenous language is the primary language, or GED preparation embedded in a cultural context that increases completion rates.

• 25 CFR Part 273 — Education Contracts Under the Johnson-O'Malley Act (74 sections — the BIA implementing regulations for JOM contracts, which fund supplemental education programs for Indian students attending state public schools; authority: 25 U.S.C. §§ 455–457):

  • § 273.103 — Maximum Indian participation: the BIA's policy is that Indian tribes, communities, and students must have meaningful participation in all aspects of JOM program development and implementation; tribal organizations have fewer procedural requirements than states or districts (§ 273.111) in recognition of this principle
  • § 273.110 — Eligible contractors: states, public school districts, Indian-controlled entities, and Indian corporations may enter into JOM contracts; tribal organizations (defined to include tribal governing bodies and tribal organizations under Indian Self-Determination Act) have a priority position in the contracting hierarchy and face different (lighter) procedural requirements than state and local governments
  • § 273.112 — Eligible Indian students: a student is eligible for JOM-funded programs if the student (1) is age 3 through grade 12, (2) is a member of an Indian tribe federally recognized as eligible for BIA services, or a child of such a member, and (3) attends school in the district served by the contract; student eligibility documentation requirements are specified
  • §§ 273.113–273.114 — Allowable uses: JOM funds may be used for supplemental programs that address the unique educational needs of eligible Indian students — including tutoring, cultural enrichment and Native language instruction, academic support, dropout prevention, parent involvement, and scholarship programs; programs must go beyond what the state provides for all students (JOM is explicitly supplemental, not replacement, funding)
  • §§ 273.115–273.118 — Indian Education Committee: every JOM contract must be supported by an Indian Education Committee (IEC) composed of elected or appointed members from the Indian community served; the IEC has authority to determine the unique educational needs of eligible Indian students in the district, approve the education plan, and oversee contract performance; IEC members must be primarily composed of parents and guardians of eligible students
  • §§ 273.119–273.121 — Education plan requirement: prospective contractors must develop an education plan, in consultation with the IEC, that describes the specific programs to be funded, their educational objectives, and how programs address the unique needs of Indian students; the plan must be approved by the BIE Director before BIA will enter into a contract

  JOM contracts function as a bridge program: they provide funding for supplemental services to the roughly 400,000 Indian students enrolled in state public schools rather than BIE schools. JOM is entirely separate from the ESEA Title VI Indian Education formula grants (administered by the Department of Education, not Interior). The most recent amendments (90 FR 23859, April 2025) updated eligibility verification requirements and streamlined the IEC election process. Earlier reforms (85 FR 10948, February 2020) significantly revised the student eligibility framework to require documented tribal enrollment rather than BIA's previous practice of accepting a broader definition of Indian ancestry.

• 25 CFR Part 40 — Administration of Educational Loans, Grants and Other Assistance for Higher Education (5 sections): BIA's original higher-education financial assistance framework for individual Native American students — predating and distinct from the tribal college grant programs. Part 40 authorizes direct BIA loans and grants to Native American students who are at least one-quarter Indian and enrolled or seeking to enroll in higher education or vocational training. Key provisions:

  • § 40.1 — Appropriations authority: funds appropriated by Congress for Indian education may be used for educational loans and grants to students of one-quarter or more Indian blood for attendance at any college, university, or trade school; eligibility requires enrollment verification and satisfactory academic standing
  • § 40.2 — Working scholarships: BIA may grant working scholarships to Indian students who wish to earn room and board through part-time employment at Federal boarding schools located near a college or trade school; the working scholarship model provides housing and living support alongside the educational enrollment
  • § 40.3 — Applications: students apply through the BIA agency superintendent responsible for their home reservation; applications must document tribal enrollment, academic standing, and enrollment at the receiving institution; BIA exercises discretion in grant and loan award decisions based on available appropriations
  • § 40.4 — Security: educational loan borrowers who have security to offer must pledge it in an amount adequate to protect the loan; the security requirement is flexible — unsecured loans may be made where the borrower has no assets
  • § 40.5 — Repayment: repayment schedules for BIA educational loans may provide up to two years of repayment time for each year spent in school — a favorable structure that links repayment duration to educational investment; longer programs generate proportionally longer repayment windows

  Part 40 represents BIA's individual-student assistance layer, distinct from the tribal-college grants in Part 41: Part 40 funds individual Native students at any institution, while Part 41 funds tribal colleges as institutions. In practice, Part 40 loans and grants are a supplement to federal Pell Grants, state aid, and tribal scholarship programs; BIA appropriations for Part 40 assistance have historically been modest relative to overall Native student financial need.

• 25 CFR Part 41 — BIA Grants to Tribal Colleges, Universities, and Diné College: the BIA implementing regulations for federal financial assistance to tribally controlled colleges and universities (TCUs) and Diné College (the Navajo Nation's institution) under authority delegated from the Tribally Controlled Colleges and Universities Assistance Act (25 U.S.C. §§ 1801–1864). Part 41 governs who is eligible, what grant funds may pay for, and the administrative process for applying. Key provisions:

  • § 41.11 — Eligibility: a tribal college or university is eligible if it is (a) formally controlled by an Indian tribe, (b) accredited by a nationally recognized accrediting body or has been approved by such a body as moving toward accreditation, (c) not an agency of the federal government or a state, and (d) does not charge tuition exceeding amounts charged by comparable state institutions; Diné College has a separate statutory eligibility path
  • § 41.13 — Eligible uses of financial assistance: grants may fund academic instruction, student services (counseling, tutoring, placement), library services, physical plant operation and maintenance, administrative services, and equipment; the explicit inclusion of physical plant and administration reflects recognition that TCUs often operate with infrastructure needs that mainstream colleges have addressed over decades
  • § 41.15 — Prohibited uses: grant funds may not be used for sectarian purposes, political activities, or lobbying; the prohibition is the standard federal grant condition and does not limit TCUs' ability to incorporate Indigenous spiritual practices into campus life as a cultural — not religious — matter
  • § 41.17 — Department of Education coordination: the Secretary of Interior may enter an agreement with the Secretary of Education to obtain technical assistance for determining accreditation status; this cross-agency coordination acknowledges that BIA is not an accreditation expert and relies on DOEd's accreditation infrastructure
  • § 41.19 — Eligibility study: before a tribal college or university can receive BIA grants, BIA must conduct an eligibility study to determine whether the institution meets the criteria in § 41.11; eligibility determinations may be appealed by the tribe under § 41.21; once eligibility is established, the college may apply for grants annually
  • § 41.25–41.27 — Grant application and timeline: eligible TCUs apply through an annual BIA application process; BIA must issue a decision within 45 days of receiving a complete application; applications not acted on within 45 days may be treated as approved

  Part 41 supports the 35 tribally controlled colleges and universities that collectively enroll roughly 80,000 students across 17 states — nearly all Native American. TCUs fill a critical gap: they provide higher education access to reservation communities that are often hundreds of miles from the nearest four-year institution, integrate tribal language and culture into curricula, and serve as economic anchors in communities with limited other employers. BIA grants under Part 41 are formula-based per-student grants that supplement Pell Grants, tribal appropriations, and the separate Department of Education Title III-A tribal college formula grants — making federal support for TCUs a layered, multi-agency structure.

25 CFR Part 48 — Leases of Land or Facilities of Bureau-Operated Schools and Fundraising Activities at Bureau-Operated Schools (33 sections): the framework governing how BIA-operated school facilities (buildings, land, dormitories) may be leased to third parties and how schools may conduct fundraising activities to generate revenue for school programs. Because Bureau-operated school facilities sit on federal trust land, they cannot be sold but can be leased under this authority. Key provisions:

• § 48.101 — Lease authority: only the BIA Director or the Director's designee may enter into leases on behalf of a Bureau-operated school; school principals and superintendents alone cannot bind the government to a lease agreement — leases require Director-level authorization
• § 48.102 — Who may lease: the Director may lease to any public or private person or entity that meets the applicable requirements; there is no restriction to tribal entities — non-tribal businesses, churches, or other organizations may lease BIA school facilities
• § 48.103 — What may be leased: any portion of a Bureau-operated school facility may be leased as long as the lease does not interfere with the normal operations of the school; the non-interference standard is the primary substantive limit — athletic facilities can be leased evenings and weekends; dormitories can be leased during summers if school is not in session
• § 48.104 — Approval standards: the Director evaluates proposed leases against applicable law and considers whether the proposed use is consistent with the educational purposes of the facility and whether the consideration offered is fair and reasonable; the Director makes the final decision on approval
• § 48.105 — Required lease terms: every lease must identify the facility or portion being leased, the purpose of the lease, the term (duration), the consideration and payment schedule, conditions for permitted improvements, insurance requirements, and default remedies
• § 48.106 — Permanent improvements: a lessee may construct permanent improvements only if the lease specifically authorizes them; any authorized permanent improvement becomes part of the school facility at lease termination unless the lease provides for removal; this protects the school's facility from modifications that would impair its educational use after the lease ends
• § 48.107 — Consideration: the school may accept only funds (cash) as consideration for a lease — in-kind services, equipment donations, or barter arrangements are not valid lease consideration under this Part; if a lessee wants to provide in-kind benefits, that must be structured separately from the lease
• § 48.108 — Determining fair consideration: the BIA determines fair consideration by considering the fair market rental value of comparable facilities, the proposed use, the duration, and the operational impact; below-market rents to community organizations may be approved if the educational benefit or community relationship justifies them
• § 48.109 — Use of funds: lease proceeds belong to the Bureau-operated school that leased the facility and may be used for any purpose that benefits that school's students and programs; the funds are not deposited into the general Treasury

The practical significance of Part 48 is largest for BIA-operated schools in areas where the school's gym, auditorium, or grounds are the only public assembly facilities in the community. Renting these spaces to tribal governments for community events, to churches for services, or to commercial entities for summer programs generates revenue that supplements chronically underfunded BIA school budgets. The Director-level approval requirement creates a bureaucratic bottleneck — local school administrators who want to rent the gymnasium for a community event must route through BIA headquarters — but also ensures that federal facilities are not leased for uses inconsistent with their trust status.

• 25 CFR Part 30 — BIE Standards, Assessments, and Accountability System: the ESSA implementation framework for all BIE-funded schools, including both BIE-operated schools and tribally controlled schools receiving BIE grants. Part 30 aligns BIE schools with the Every Student Succeeds Act (ESSA) academic standards and accountability requirements while preserving space for tribal customization through a formal waiver mechanism. Key provisions:

  • § 30.103 — Academic content standards: BIE-funded schools must adopt and implement challenging academic content standards in at least mathematics, English language arts/literacy (ELA), and science; standards must be consistent with ESSA requirements and apply to all grade levels; schools may supplement with additional standards reflecting tribal language, culture, and community priorities
  • § 30.106 — Assessments: BIE-funded schools must administer annual assessments in mathematics and ELA for grades 3–8 and once in high school; science assessments at least once in elementary, middle, and high school grade spans; assessments must meet ESSA technical requirements (validity, reliability, alignment to content standards); results must be disaggregated by student subgroups (race/ethnicity, disability status, English learner status, economically disadvantaged)
  • § 30.107 — Alternate assessments: students with the most significant cognitive disabilities may be assessed using alternate academic achievement standards; the 1% participation cap applies — no more than 1% of all assessed students in BIE-funded schools may take alternate assessments; IEP teams make individual eligibility determinations
  • § 30.110 — English learner assessments: all English learners enrolled in BIE-funded schools must be assessed annually for English language proficiency using a BIE-approved assessment; assessment results inform EL program placement and exit decisions; BIE must track EL progress toward English proficiency as a separate accountability indicator
  • § 30.120 — Accountability system: BIE operates a comprehensive accountability system covering all BIE-funded schools; indicators include academic achievement (math and ELA proficiency rates), academic progress (growth), graduation rate for high schools, English learner proficiency progress, and at least one additional indicator of school quality or student success (e.g., chronic absenteeism, student engagement); each BIE-funded school receives an annual performance determination
  • § 30.122 — Comprehensive support schools: schools in the lowest 5% of BIE performance (by combined indicators) for three consecutive years, or high schools with graduation rates below 67% for three consecutive years, are identified for Comprehensive Support and Improvement (CSI); these schools must develop improvement plans, implement evidence-based interventions, and receive additional BIE support resources
  • § 30.124 — Targeted support schools: schools with consistently underperforming student subgroups are identified for Targeted Support and Improvement (TSI); schools with subgroups performing at CSI-equivalent levels are identified for Additional Targeted Support and Improvement (ATSI); TSI/ATSI identification triggers mandatory improvement planning focused on the identified subgroup
  • § 30.130 — Tribal waiver: a tribal governing body may petition BIE to waive any or all of Part 30's requirements and substitute alternative academic standards, assessment systems, and/or accountability frameworks developed by the tribe; the waiver requires joint approval by both BIE and the Department of Education; approved waivers must still ensure BIE-funded schools provide all students with a high-quality education — the waiver substitutes tribal standards and systems, not the underlying quality obligation

  Part 30 represents BIE's ESSA compliance framework, but the tribal waiver option (§ 30.130) is its most distinctive feature. No other ESSA-covered school system has a comparable mechanism for a governing body to substitute an alternative accountability framework at this scale. The waiver path recognizes that tribal nations are sovereigns with educational authority over their schools, not merely local education agencies subject to federal accountability rules. As of 2026, no tribal governing body has completed the joint BIE/DOEd waiver approval process, but several tribal nations have initiated discussions — reflecting both the attractiveness of tribal-designed accountability systems and the complexity of the dual-approval requirement.

• 34 CFR Part 263 — Indian Education Discretionary Grant Programs (19 sections): two distinct discretionary grant programs administered by the Department of Education's Office of Elementary and Secondary Education — the Professional Development Program (Subpart A) and the Demonstration Grants for Indian Children and Youth Program (Subpart B). Together they fund teacher preparation and model program development for Indian education outside the BIE system:

  Subpart A — Professional Development Program: grants to prepare individuals to serve as teachers, principals, administrators, paraprofessionals, or other educators in schools serving high concentrations of American Indian and Alaska Native students. Unlike in-service training, this program funds pre-service preparation — college coursework, student teaching, and certification — for people who commit to working in Indian education:

  • § 263.1 — Purpose: two authorized tracks — (a) pre-service training: preparing individuals to become licensed teachers, administrators, or other educators; and (b) in-service training: improving the qualifications of currently employed educators serving Indian students
  • § 263.2 — Eligibility: eligible applicants must include at least one Indian tribe, tribal college, or other Indian organization as a partner; any institution of higher education, tribal college, or community organization with an Indian education partnership may apply
  • § 263.9 — Payback requirement: participants in pre-service grants must repay the federal government (in service or in cash) for the training received if they do not fulfill their commitment to serve in an eligible school; the service commitment requires working in a school serving Indian students for a period equal to the training funded, or repaying the cost of training; this creates a meaningful accountability mechanism while reflecting the federal investment in Indian education capacity
  • § 263.10 — Payback exceptions: service in a BIE school, a Title I school with 25%+ American Indian/Alaska Native enrollment, or a school on Indian lands qualifies as satisfying the service commitment; participants who complete service are released from the financial repayback obligation

  Subpart B — Demonstration Grants for Indian Children and Youth Program: competitive grants for research-based programs that show what works in American Indian and Alaska Native education. Unlike BIE's direct-funding approach, Demonstration Grants target public schools and community organizations serving large populations of Indian students outside the BIE system:

  • § 263.20 — Definitions: "Indian tribe" has the meaning given under 25 U.S.C. § 5304; "Indian child" means a child who is a member of a federally recognized tribe or is an Alaska Native
  • §§ 263.21–263.22 — Application requirements: applicants must show how Indian tribes and parents of Indian children participated in developing the proposed activities; applications must include measurable goals, evidence-based program designs, and plans for tribal involvement in program implementation; tribal applicants or those with tribal partnerships receive priority consideration
  • § 263.23 — Indian hiring preference: grantees must give preference in filling employment positions to American Indians and Alaska Natives whenever possible — reflecting the Indian hiring preference principle recognized in Morton v. Mancari (1974) and carried through federal Indian program administration

• 25 CFR Part 44 — Grants Under the Tribally Controlled Schools Act (BIA — implements the Tribally Controlled Schools Act of 1988 (25 U.S.C. § 2501 et seq.), which authorizes grants to Indian tribes and tribal organizations to operate their own schools as an alternative to BIE-operated schools):

  • § 44.101 — Applicable directives: grantees under Part 44 are governed only by the Tribally Controlled Schools Act and this part — not by the broader BIA grant regulations in 25 CFR Part 900; this carve-out gives tribally controlled schools more operational flexibility than tribes operating under self-determination contracts
  • § 44.102 — Tribal rights preserved: Part 44 does not affect tribal sovereign immunity from suit, does not terminate or change rights or trust responsibilities, and does not require tribes to remain in the grant program indefinitely; a tribe may retrocede a school program back to BIE at any time
  • § 44.103 — Eligibility: the Secretary may make grants to Indian tribes and tribal organizations operating schools either under BIA agreement (§ 450 et seq.) or directly operated tribally controlled schools; the grantee must demonstrate the organizational capacity to operate the school effectively
  • § 44.104 — Grant termination methods: a grant may only be terminated by retrocession (the tribe voluntarily returns the program to BIE), revocation of eligibility by the Secretary (for failure to meet requirements), or reassumption (the Secretary takes back the program to prevent imminent jeopardy to students or funds)
  • § 44.105 — Retrocession procedures: to retrocede, the tribal governing body must provide written notice at least 6 months in advance, stating the effective date of retrocession; the Bureau must resume operation of the school on the stated date; the 6-month notice period is intended to protect students from abrupt loss of educational services
  • § 44.106 — Revocation of eligibility: the Secretary may revoke a grantee's eligibility only with advance written notice, an opportunity to correct the deficiency (at least 180 days), and formal revocation proceedings; revocation is reserved for serious and uncorrected compliance failures — not minor administrative errors
  • § 44.108 — Grant payment schedule: the Secretary makes two annual grant payments — 80 percent of the year's grant at the start of the fiscal year, and the remaining 20 percent by December 1; this front-loading of payments ensures schools can meet payroll and operating costs at the beginning of the school year before state and local funding cycles are complete

• 25 CFR Part 47 — Uniform Direct Funding and Support for Bureau-Operated Schools (BIA — governs the direct funding process for BIE-operated schools that have not been transferred to tribal operation, implementing the No Child Left Behind Act's requirement for schools to develop local educational financial plans):

  • § 47.3 — Funding notification: the Office of Indian Education Programs (OIEP) notifies each Bureau-operated school in writing of its annual funding amount; schools receive this notification in time to incorporate it into their local educational financial plan
  • § 47.4 — Payment timing: OIEP makes available 80 percent of the school's fiscal year funding by July 1 — the same 80/20 front-loaded disbursement structure used in tribally controlled school grants; the remaining 20 percent is available later in the fiscal year
  • § 47.5 — School supervisor responsibilities: each Bureau-operated school's supervisor must: develop and implement the local educational financial plan, consult with parents and community members in plan development, ensure expenditures comply with the plan, and report to OIEP on plan implementation
  • § 47.10 — Financial plan development: schools must develop their local educational financial plan within prescribed deadlines after receiving the funding notification; the plan identifies how the school will allocate BIE direct funding across program areas; BIE reviews plans for compliance before approving them
  • § 47.11 — Matching fund use: a Bureau-operated school may use its Part 47 direct funding as matching funds to obtain other federal program grants — a flexibility provision that allows BIE schools to leverage direct funding to compete for competitive education grants that require matching contributions

Pending Legislation

No standalone BIE reform bills have been introduced in the 119th Congress. Related Indian education provisions appear in broader legislation — see Tribal Sovereignty and Self-Determination and Education Funding. See also BIA Tribal Self-Governance for the broader framework of federal-tribal relations.

Recent Developments

• BIE insulated from DOE restructuring (2025): When Trump signed executive orders in early 2025 directing the dismantling of the Department of Education, BIE was largely unaffected — it sits within the Interior Department, not Education, and operates under a distinct statutory framework. The 183 BIE-operated and tribally operated schools continued operating under Interior appropriations.
• DOGE pressure on BIA/BIE staffing: DOGE-driven federal workforce reductions hit the Bureau of Indian Affairs parent agency; BIE administrative and oversight positions were among those affected by buyout offers and reductions in force. Tribal leaders expressed concern that staffing shortfalls would slow school construction approvals and academic support services.
• School construction backlog persists: As of 2025, BIE has identified more than 50 school facilities in urgent need of replacement or major renovation, with an estimated backlog exceeding $1 billion. IIJA (2021) directed several hundred million dollars to BIE school construction (Interior received approximately $466 million for BIE replacement and reform-related construction in IIJA-related allocations) — among the largest investments in decades — but project delivery has been slowed by contracting capacity and the disruption of federal workforce reductions.
• Language revitalization under budget scrutiny: BIE language immersion and revitalization programs — including schools teaching Navajo, Lakota, Hawaiian Creole, and other Indigenous languages at risk of loss — face uncertain funding in FY 2026 appropriations proposals. These programs serve communities where language fluency has dropped to fewer than 1,000 speakers for many Native languages.