202-857-3376 · 16 will be provided in today's presentation as . 17 well. The overarching goal for this document ... 6 recommend the removal of that entire White . 7 House guidance

Tribal Consultation Meeting July 9, 2020

www.CapitalReportingCompany.com 202-857-3376

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BUREAU OF INDIAN EDUCATION

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2 _____________________________________

3

4 IN RE:

5 TRIBAL CONSULTATION BIE DRAFT

6 SCHOOL REOPENING

7

8 ________________________________

9

10 MEETING

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12 DATE: Thursday, July 9, 2020

13 TIME: 3:00 p.m. - 5:00 p.m.

14 LOCATION: Virtual Zoom

15 Washington, D.C.

16 REPORTED BY: Nidelis Gonzalez, Notary Public

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21

22 Job No. CS4154495

http://www.capitalreportingcompany.com/



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1 BUREAU ATTENDEES:

2 Mark Cruz - Deputy Assistant secretary for policy

and Economic Development - Indian affairs

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Tony L. Dearman - BIE Director Presenters

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Dr. Tamarah Pfeiffer - BIE Chief Academic Officer

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Clint J. Bowers - BIE Chief of Staff

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1 ALSO PRESENT:

2 Governor Stephen Lewis - gila River Indian Community in Arizona

3 Vivian Saunders - Member of Tohono O'odham Nation

4 Legislative Council

5 Jeremy Oyengue - Director of Youth and Learning speaking on behalf of

6 Governor Michael Chavarria - All Pueblo

7 Anga Plachero - Pachatero Council

8 President Aguilar - Mescalero Apache Tribe

9 Derrick Leslie - White Mountain Apache Tribe

10 Educational Department

11 Lieutenant Cecil Shy 12 Patricia Gonnie

13 Rick Bijou - Former Governor of Pueblo of Tesuque Tribe and Health and Wellness Division

14 Director 15 Darrick Franklin - Department of Dine Education

Navajo Nation

16 Deborah Ho - Shoshone Tribe and also following up

17 for Mescalero Apache Tribe 18 John Beheler - Superintendent of Marty Indian

Schools in South Central South Dakota

19 Matthew Putesoy Sr.

20 Chairwoman Kissoon

21 Melissa Cook - Mental Affairs Officer for Menominee

22 Tribe




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1 P R O C E E D I N G S 2 OPERATOR: Welcome to today's consultation

3 on the Draft BIE Schools Reopening Plan. To

4 help maintain order today please observe the

5 following protocols. Please mute your phone.

6 To conserve bandwidth during this presentation

7 please turn off your video. The moderator will

8 call on you for questions and comments. Please

9 state your full name and Tribal affiliation

10 when called upon. All participants will be 11 placed on mute while the presentation is being 12 provided. A copy of the presentation can be 13 found on the COVID-19 School Reopening webpage. 14 Comments and questions typed in the chat 15 box need to be to everyone. Please do not send 16 private comments and questions, because they 17 may not be recorded by the moderator and court 18 reporter. If time allows we will address 19 comments in the chat box. Please put your name 20 and Tribal affiliation in the chat box. 21 Today's consultation is not open to the press. 22 All media questions should be sent to the




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1 Indian Affairs Public Affairs Office. Today's 2 consultation will give preference to Tribal

3 leaders to provide comment. Thank you for your

4 assistance.

5 MR. CRUZ: Great. Thank you, operator.

6 Good afternoon, and thank you all for

7 participating in today's consultation with the

8 Bureau of Indian Education's leadership

9 regarding its school site reopening guidance

10 for school year 2020/2021. This is the first 11 of two consultations. I am Mark Cruz, and I 12 have the privilege of serving as the Deputy 13 Assistant Secretary for Policy and Economic 14 Development here at Indian Affairs at the U.S. 15 Department of Interior. I am an enrolled 16 member of the Klamath Tribe, and a former BIE 17 school teacher, having taught at St. Francis 18 Indian School on Rosebud. 19 I am happy to participate with BIE, and 20 their reopening consultations with Tribal 21 leaders and stakeholders, and it is a pleasure 22 to be here on behalf of Assistant Secretary for




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Indian Affairs Tara Sweeney, and Secretary

David Bernhardt. Indian Affairs is committed

to supporting tribes in the community and

schools all around. Today we look forward to

hearing from trial leaders and education

stakeholders on their perspectives and thoughts

in regards to BIE's reopening guidance.

We also look forward to hearing any other

9 thoughts, ideas, or recommendations from

10 participants for our staff to consider as we

11 continue working on the reopening guidance. We 12 13 14 15 16 17 18 19 20 21 22

understand there are varying perspectives, and

your input is extremely valuable to the team's

decision making.

Two formal Tribal consultations are being

held, this one, and one tomorrow. We are also

offering an additional listening session on

Tuesday July 14th specific to BIE's off-

reservation boarding schools, due to the unique

supports they provide Tribal students. BIE is

also soliciting views from parents via a parent

survey that is open until July 17th. BIE will




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1 provide further details. 2 As you may sense, the Assistant Secretary

3 and I are striving to get varying, and

4 comprehensive thoughts and views with respect

5 to school reopening that will highly inform our

6 decision making. At this time I'll turn it

7 over to BIE's leadership team, who will review

8 the Draft School Reopening Plan, and make, and

9 take comments. They will also provide

10 information regarding deadlines in submitting 11 formal comments for the record. BIE will be 12 sure to incorporate feedback to the extent 13 practicable, and implement a reopening plan 14 that creates the safest academic environment 15 possible for all our students and staff. 16 So on behalf of the Assistant Secretary, 17 and all of the Indian Affairs Team, thank you 18 for joining today. At this time I'll turn it 19 over to my friend and colleague BIE Director 20 Tony Dearman. 21 MR. DEARMAN: Thank you, Deputy Assistant 22 Secretary. And thanks to those for joining us




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today to participate in the school reopening

consultation for school year 2021. I am Tony

3 Dearman, Director of the Bureau of Indian

4 Education, and on behalf of BIE's leadership we

5 are appreciative of your time and collaboration

6 today as we work to support our community,

7 students, and school staff.

8 As Mr. Cruz stated, BIE schools will begin

9 to reopen by the end of the summary, so we, so 10 we've been working with some of the states that

11 our schools reside in, and stakeholders, to

12 develop a draft plan that utilizes CDC guidance

13 for your review and comment. In our Dear

14 Tribal Leader letter we provided the link to

15 the Reopening Plan's draft for review. This

16 will be provided in today's presentation as

17 well. The overarching goal for this document

18 is to provide guidance for schools as they

19 develop their local individual reopening plans

20 for the upcoming school year.

21 In the consultation presentation we 22

identify key questions and recommendations to




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1 assist you as you review the draft plan and 2 prepare to provide comments for strengthening

3 the document. BIE will host three consultation

4 sessions. The first consultation session being

5 held today is intended for Tribal Leaders, or

6 their designees. The consultation session

7 scheduled for tomorrow is the same as today,

8 but open to school boards, parents, Indian

9 organizations, and other parties who may be

10 interested and wish to provide comment. Our 11 third and final consultation in regard to 12 off-reservation boarding schools will be held 13 Tuesday July 14th. 14 As Mr. Cruz stated we have been sending 15 out survey questions, and we've been sending 16 survey questions out to our employees which 17 have thirteen questions, to our parents, have 18 twenty four questions, and to date, up to today 19 we have received over twelve hundred responses, 20 and look to receive many more. 21 In closing, I want to thank everyone for 22 their thoughtful comments, and dedication to




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1 our Tribal community students and staff. We 2 will utilize the comments received as we

3 formalize the school reopening plan, and will

4 make it available in our website. Again, thank

5 you for your time and commitment. I will now

6 turn it over to our presenters, who will

7 introduce themselves.

8 DR. PFEIFFER: Dr. Tamarah Pfeiffer, BIE

9 Chief Academic Officer for the Bureau of Indian

10 Education. 11 MR. BOWERS: Hi everyone, this is Clint 12 Bowers, Chief of Staff for the Bureau. And -- 13 and welcome to the presentation. If we can go 14 the next slide we'll get going with our review. 15 So as the Deputy Assistant Secretary and 16 Director mentioned the purpose of this 17 consultation is really to receive feedback from 18 you all so that we can strengthen the draft 19 plan, to make sure that it best serves our 20 students as we enter this unique time, to take 21 kids back to school. Just for your 22 information, this really is a high level




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1 document, to provide guidance to schools as 2 they work with their Tribes, the local public

3 health officials and other stakeholders, to

4 make sure that we can meet our needs.

5 The consultation will obtain the

6 oral/written comment on the draft through the

7 open time period, and then we will move forward

8 to make sure those are included, to the extent

9 we can, to strengthen the document. It's

10 intended to ensure BIE meets the needs of our 11 students, as well as providing the guidance 12 that's been issued by the CDC and the White 13 House. As I mentioned the period will be open 14 for fifteen days, and then we will have a 15 thorough review of what's been submitted, 16 whether it's been oral through the consultation 17 sessions, or written, and provided through the, 18 through the formal comments period site. 19 The Draft School Plan is on our website, 20 and you can see that link there. It's also 21 accessible through this high level review, and 22 as we move forward we want to make sure that




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1 you all understand that we will take the 2 comments that are provided. And we really want

3 you to provide the comments. We know that a

4 lot of times that there's questions involved

5 about how we came to where we are, and so we've

6 looked at the high level guidance that's worked

7 whether, that other states have provided,

8 different organizations across the country, as

9 well as the CDC, to make sure there's a safe

10 opening period. 11 We've compiled that, and put that into 12 this high level document, so if there's 13 questions we really would like to have 14 constructive conversations, and have comments, 15 so that we could take that in. If you have 16 suggestions where there's areas of weakness, 17 things that need improved, areas that may have 18 been omitted, we really behoove you to make 19 sure and provide that in the chat box today, in 20 your oral questions, and to submit those for 21 the record. 22 And as I mentioned earlier, you know, this




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1 is not a perfect document, it's a draft. We 2 always think it's important to come to

3 consultation with a draft so there's something

4 that our stakeholders and Tribal Leaders have

5 something to comment on, and so this draft is

6 really a start, but it's going to be an

7 expedited process to make sure that we can take

8 your feedback and make it a stronger document

9 that meets your needs.

10 Okay, next slide please. 11 DR. PFEIFFER: So the school 12 administrators are responsible for the 13 development of their individual reopening plans 14 for school year 2021. As Clint has mentioned 15 this document that we are sharing today as a 16 plan, or guidance, is really to look at the 17 overarching elements that are needed to support 18 the schools as they work with their health 19 officials, local Tribal and respective states 20 regarding their reopening. 21 School administrators will look at the 22 components and the recommendations that have




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been outlined, and work those into their local

Reopening Plan. EPA's currently have been

authorized to assist in the reopening of the

sites, and the decision makers, as far as

consultation respective to their school

leadership, Tribal leadership, and local public

health officials. Local Plans, again, will be

specific to the school sites, the local

conditions, that include Tribal and state,

ADD's and EPA's are also clearly working

closely with school leadership to develop

12 multiple models. Next.

13 MR. BOWERS: And so as I mentioned earlier 14 15 16 17 18 19 20 21 22

we wanted to utilize the guidance coming from

the public health officials, in terms of

deciding when and where it's safe to open, so

we've utilized the CDC's decision tree that

they've created for public schools across the

country to make sure that leaders at the local

level are really utilizing the situations on

the ground, while figuring out how to take the

CDC guidance and utilize it to determine if the




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1 school is safe to open. And so we've included 2 the tree within the draft plan, as well as

3 additional White House guidance to inform your

4 decisions as you look to create your individual

5 localized school Reopening Plans. And so this

6 is in the presentation here, and this refers

7 back to the overarching document that's linked

8 on our COVID website. Next slide please.

9 DR. PFEIFFER: These topic areas are some

10 of the overarching areas around the guidance 11 plans: Guidelines for schools reopening; 12 Considerations for teachers and staff; School 13 building mitigation and cleaning; Health 14 screening; Social distancing and safety 15 protocols. 16 Again, this is a draft, so any areas that 17 you see that you would recommend that we 18 include as well as part of this guidance, 19 please share with that. The -- it is intended 20 to support the back-to-school planning by the 21 individual schools, both Bureau operated and 22 Tribal controlled. I've also put in the chat




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1 box the actual CDC Decision Tree link that's

2 there to open for viewing. Next.

3 MR. BOWERS: So, as Tamarah mentioned

4 earlier any action taken to reopen the school

5 really has to utilize the chain of command, and

6 the school's chain of command with the BIE, and

7 so as schools look to reopen we expect them to

8 work, and expect our employees to work with

9 schools to make sure the support is provided to 10 their education program administrator, also

11 utilizing guidance from the CDC, their local

12 and states, as well as Tribal officials, when

13 determining whether it's safe to reopen.

14 CDC has provided guidance around PPE,

15 personal protective equipment, looking at how

16 community transmission has declined, to make

17 measures are in place to ensure safety of

18 schools. And we know that a lot of states have

19 started putting out their plans, and so making,

20 we want to make sure that our reopening

21 guidance plan is, is complimentary in what the

22 states are doing, so our EPA's will work with




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1 the schools to make sure that plans that are 2 already in place support both the Bureau as

3 well as their states, in terms of needs to

4 protect the students.

5 So we know everything is localized during

6 these unique times, and there's different

7 situations on the ground, so making sure that

8 our staff can support the schools is critical,

9 and we'll make sure and do that. Where states

10 are open - what local Indian Tribes that are 11 served by the school requests a school site to 12 stay closed, there may be a pocket where 13 there's been community spread, and Tribes may 14 request that school administrators to consult 15 with the local Indian Tribes, and then make 16 that local determination based on, you know, 17 that consultation. 18 But the decision to reopen a school really 19 should be made when local infection rates have 20 slowed significantly, and other parts of the 21 local economy have reopened. This should be 22 coordinated, as I've mentioned, with the EPA,




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1 and then the ADD will coordinate with Tribes as 2 well, to make sure that they're informed of any

3 reopenings. Okay, next slide please.

4 DR. PFEIFFER: So there's some

5 considerations that, again, have to be looked

6 at locally. No two schools are the same, even

7 within a ten mile radius.

8 What criteria will be used to determine

9 how schools will bring their students or

10 teachers back to school, and on campus? How do 11 you ensure reopening is not done too early? 12 Who do you communicate with in order to 13 acknowledge when that reopening happening, what 14 kind of coordination needs to occur between the 15 school and the community, and that fluid 16 communication again? How can you work 17 respectively with the EPAs, and for those who 18 are unsure about that acronym, educational 19 program administrators, to assist in forming 20 the reopening teams to develop local reopening 21 plans? 22 It shouldn't be a one size fits all, or




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1 one school leader holding the, the entire 2 process. It needs to be a collective of school

3 leadership members, including facilities,

4 transportation, food service, custodial staff,

5 teachers, special education, parents, school

6 board members, so that there is a collective

7 voice as to the processes and the practices

8 that are thought about.

9 Do you have protocols in place at the

10 school if it closes again? Again, that 11 flexibility to know that you may have an 12 in-person school opening moves to a hybrid 13 model, where some students are in the building, 14 some students are provided distance learning, 15 or all students are provided distance learning, 16 and then move it back, how do you move between 17 the two plans. So in the best case scenario a 18 school will be developing multiple plans, at 19 least three, if not more. And also as Clint 20 mentioned, working with local Tribal health and 21 state level communications to ensure that you 22 are aligning your considerations of the plan.




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1 Next.

2 MR. BOWERS: Yeah, and so as schools look

3 to reopen there's also critical considerations

4 for teachers and staff, and this is mentioned

5 in the plan. And in the plan itself we have

6 recommendations that the Bureau has utilized

7 from just looking at states, different 8

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10 11 12 13 14 15 16 17

countries, CDC, in terms of the potential use

of what we can do at the school level, so when

you look at the plans ask yourselves these

questions, and if you feel they're not

answered, or if they should be answered, or if

they should be answered in a different way,

please make sure and provide that comment and

recommendation to us as we look to strengthen

it.

As I mentioned this is a baseline, it's a

18 draft, and so your comments really will work to

19 strengthen the different sections that are in

20 the draft. So as we go over these questions 21 22

that Tamarah just went over in the prior slide,

and we'll continue to go over, utilize these




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1 questions to inform how you want to make sure 2 your comments are included.

3 So which employees will be able or allowed

4 to work from school? We know that they're --

5 with teach, with the teaching population there

6 could be folks that are a higher risk, the

7 school leaders need to take that into account

8 utilizing guidance from the CDC, in terms of

9 how to protect our high risk employees.

10 What safety protocols will be in place, 11 and how will employees be trained regarding 12 those safety protocols, as well as how will be 13 enforced, to making sure that there's 14 plexiglass that needs to be put into place? 15 And there's -- there's more information in the 16 plan itself, so as you review it state if you 17 have issues with any of the items that are 18 mentioned, or if there's things that need to be 19 bolstered. 20 As well as, as I mentioned earlier, with 21 the employees being allowed to work at school, 22 will there be others that are allowed to work




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from home? This is all contingent on, of

course, their particular roles in supporting

3 the school. And does the school, is it

4 prepared to have full- time onsite instruction,

5 or will there be a hybrid model possibly 6

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utilizing distance learning? We know that

there's several communities across the country

8 now that are looking at having school a couple

9 days a week and then distance learning other

10 days of the week, so taking that into, to the 11

realm of possibility, is something that we'd

12 like to have comments on.

13

And then what technology is available at

14 your local level, and what would you need to

15 make sure distance learning is possible? Do

16 you already have full capacity, or may you need 17 additional capacity, and then as you build that

18 capacity how will the school provide teachers

19 and staff training? And keep in mind that the

20 Bureau wants to be here to serve and work, work

21 with the schools and our stakeholders to make

22 sure that we're being supported, and so really




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1 we're utilizing that chain of command with the 2 education program administrators to work with

3 our schools to make sure that those reopening

4 plans take these things into consideration.

5 Our intent here is to be of service to you

6 all, so that we can all make sure that the

7 students and staff feel comfortable as, as we

8 look to reopen. Next slide please.

9 DR. PFEIFFER: Other considerations, again

10 that will be asked, and we'll ask for more 11 recommendations around this, are in the area of 12 mitigation and cleaning. So how will schools 13 implement and review daily protocols to ensure 14 safe and clean environments, thinking 15 everything from potential restroom use, 16 playground, water fountains, high touch areas, 17 food service, how will schools ensure buildings 18 are being cleaned throughout the day, and to 19 reduce exposure? 20 What kind of training will staff, 21 potentially students, and other's need in order 22 to provide cleaning and PPE supplies? And we




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1 know that this is something that will be, this

2 has to be for quite a while, so thinking long

3 term what those PPE supplies, and as Clint

4 mentioned before, possible barriers, the 5

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Plexiglas, or deck, removable barriers would be

for classrooms. Will the schools install

physical barriers, or promote a practice of

8 social distancing, and when will these be

9 installed, and where? Will additional rooms be

10 needed, a gymnasium or a library, or an area 11 12 13 14

that has not been in the past utilized as a

classroom needs to be developed so that it can

serve students in person? Next slide.

MR. BOWERS: And so as we look at the

15 screening there's different models that are

16 being implemented and recommended, and so in

17 the draft plan itself we talk about testing 18 students and staff twice a day, whether it's

19 before they board a, board a bus, or come

20 onsite, as well as at lunchtime. So, you know,

21 this can differ at each location, so we'd

22 really like your comment on that possible




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1 practice, as well as what other recommendations 2 may be. The idea here is that we wanted to

3 give you all a baseline for a possible route,

4 and then receive comments on that. And so as

5 you look at that, and look at the plan more

6 thoroughly, please, please provide us the

7 comments to, to let us know what is the

8 preference, because we're really going to

9 utilize those comments from the field to inform

10 how we move forward, and finalize our draft 11 plan. 12 As I mentioned there's going to be, 13 there's going to be need for training regarding 14 around screening. Some schools are looking at 15 doing temporal temperature checks and 16 screening, not necessarily COVID testing, that 17 puts a big burden on the local level, but 18 having that temporal thermometer that can be 19 administered without collecting health 20 information. It could be a way to make sure 21 that students and staff don't have a 22 temperature before they come onsite, and make




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sure they're not symptomatic. But these are

things we are looking for comments on.

And so as they look at providing training,

making sure that you have protocols in place

that are in line with your local individualized

plan, and making sure that the staff, and

parents even, are all aware of what protocols

you're planning to put into place. And so the

idea here is that we're all trying to reduce

risk. We know that there's not going to be a

perfect system, it's a unique situation, and

perfection is, is hard to come by even in a

perfect situation, so reducing risk is, is our

goal here, and so looking at the different

screening techniques and the stakeholder and

Tribal leaders have recommendations on other

17 ways to reduce risk, we welcome those comments.

18 Next slide please.

19

DR. PFEIFFER: So we continue with those

20 best practices that the CDC has shared, but are 21 22

looking for other comments as well. Social

distancing, when it is practical in the indoor




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1 structural environment? The implementation of 2 social distancing, hand washing, masks, all of

3 those elements that would come into play

4 regarding in-person schooling in a school

5 facility to mitigate the spread.

6 Providing appropriate social distancing

7 for teachers and staff, so looking at closing

8 of comment areas, maybe a teacher workroom, or

9 a lunch area that would have been common for,

10 for staffing, and what other practices would 11 need to go into place, as far as all do all 12 students stay in the classroom, do teachers 13 move, hallways distancing practices, but, 14 meals, what to do for physical education. And 15 again this is, we're all looking at how do you 16 diminish the risk, and safeguard both students, 17 staff, and faculty. 18 Adjusting the student transportation, 19 there's some guidance that's out with the CDC 20 as to how many students would be put on a bus, 21 and for at what spacing. And is there a 22 potential for a recommendation for outdoor




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1 space to be used regarding social distancing

2 needs, and for what purpose and when. Given

3 the heat wave that we're having across the

4 United States we might also have to take into

5 consideration the time of year, and when it's 6

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most practical for the safety of all. Next.

MR. BOWERS: And so the plan has some

headers within it that also address other

issues. So Tamarah was talking about

transportation, and looking at busing, to make

sure there's possible social distancing in the

12 bus itself, or temporal thermometer checks

13 before students enter a bus, just as they would

14 before they come onsite to a school. I'm also 15 16 17 18 19 20 21 22

looking at our vulnerable populations, and

staff, and folks that may be high risk, a high

risk category, as well as making sure we're

still serving our special populations with

those individualized education plans for those

students that need additional supports.

I think it's critical at this point, and

states are doing the same thing, making sure




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1 that where those students have those needs, 2 we're still making sure that we're providing

3 those specialized supports in a way that

4 addresses their unique needs. We're also

5 looking at mental/behavioral health, other

6 school based health services is critical, so as

7 folks bring, as school leaders bring students

8 possibly onsite, making sure that there's

9 additional services to extend to possible

10 support the screening, and support if students 11 do become, or if faculty do become symptomatic 12 and need to be isolated in a way that is 13 compassionate, but also gets them away from 14 their peers and colleagues. 15 You also have a section on residential 16 boarding schools, their dormitories, and it's 17 fairly brief because we wanted to receive 18 comments over this in and of itself, so we're 19 having a different, that separate section on 20 Tuesday July 14th at the same time, 3:00 - 5:00 21 p.m., to receive comments on residential 22 facilities. It's a very unique service to our




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1 students. Knowing that they're onsite twenty 2 four hours a day is, is challenging, and so

3 receiving comments from you all in terms of how

4 to best serve our students will really inform

5 us on how we can serve our stakeholders, and

6 country as, as a bureau.

7 We also have post-secondary sections

8 regarding a high level mention of Haskell's and

9 SIPIs, that's Haskell Indian Nations University

10 and Southwest Indian Polytechnic Institute, our 11 two post-secondary institutions' plans for 12 reopening this year. As well as 13 communications. And I think the key thing here 14 is that the Bureau, as we're looking at 15 feedback and comments we know that it's a 16 two-way street. 17 We don't want to just receive information, 18 we want to also, want to make sure that we're 19 doing a good job in providing information down 20 to the school level in the field, and so 21 utilizing that chain of command, but also 22 utilizing our newly updated website, and other




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1 means to get information to us so that we can 2 better serve you all is critical, so there's a

3 section on communications. Next slide, please.

4 DR. PFEIFFER: And I just want to again

5 thank the team of individuals that I've worked

6 with around the BIE Task Force that have really

7 stepped up to start to look at some of the

8 needs of our school leaders, and their

9 practices. I think we all want to first

10 acknowledge that this is not -- there's never 11 going to be a one size fits all, and that it's 12 going to be very important that there's 13 engagement by a number of stakeholders in the 14 development of the local plan. 15 Also, I think it's key that, there were a 16 lot of successes that occurred from March until 17 the closing and opening of summer schools that 18 schools had, and starting with those successes 19 as a way to build upon potential scenarios for 20 reopening. These are in-person, all distance, 21 or blended in-person and distance learning, 22 which I refer to as a hybrid model. Each of




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1 these plans is unique in its own, and so it's 2 going to be important that a school leadership

3 team really look at these as separate plans,

4 and think of them as fluid, going back and

5 forth between the two, not knowing when you

6 might have a potential need to go all distance,

7 or bring students from a blended hybrid model

8 back in person. Next slide, please.

9 MR. BOWERS: So Tamarah already gave a

10 high level overview of the Task Force, here's 11 our representatives. And we're not a perfect 12 system, and the Bureau isn't perfect in our 13 services, but we're always striving to be 14 better, and so as I mentioned earlier with 15 communications it's critical that you all have 16 points of contacts, and know if you need a 17 point of contact to get an answer you have it, 18 and so we wanted to make sure that the Task 19 Force is not only outlined, but you have their 20 email address, and if you're not getting an 21 answer from somebody you can go to the Task 22 Force, and that's our intention, to get an




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1 answer. 2 And so this presentation, as I mentioned

3 earlier, is posted on our website, and so if

4 you ever need their points of contact, or who

5 is part of the Task Force, it's in this

6 presentation. Next slide, please.

7 DR. PFEIFFER: So now we're going to open

8 this for comments and recommendations. Some of

9 the recommendations that we're looking for are

10 some actual ways that we can improve the plan, 11 things that we have not thought to be added or 12 included, or potentially omitted due to a 13 redundancy or a contradiction. And if there 14 are conflicts between maybe a Trial or state 15 plan and Bureau's plan, what would be, what 16 would be a better compromise in that, in the 17 guidance process. 18 MR. BOWERS: And I -- and, Tamarah, I 19 would just add that, for folks don't know there 20 is a court reporter on the line, this 21 presentation is being recorded, but we're also 22 making sure that because this is a formal




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consultation we'll have a formal transcript of

this, so whatever comments, recommendations you

all provide, that will go into the record, in

addition to those that are mailed or emailed in

after the fact, so that we can take all of

that, compile it, and make sure and improve the

plan. Next slide please.

And so as I mentioned with this

presentation being posted online we wanted to

make sure and include resources, in terms of

where we got the information that informed the

draft plan, so here's a few. There's also

citations within the draft plan itself, so

where there's suggestions, such as I mentioned

the screening, or where to put temporal, or

16 Plexiglas, or how to socially distance in the

17 cafeteria, there's, there's citations and links

18 within the draft plan itself to show where that 19 20 21 22

information came from. That's not to say it

has to be in there, in the final document, so

we'll look forward to your comments. Next

slide. The next slide, please.




1 2

3

4

5

6

7

8

9

10 11 12 13 14 15 16 17 18 19

Page 35

So before we open up for questions, and

we'll finish with this slide, again, but oral

comments will be received as part of the

consultation sessions, through this court

reporter that's online today and tomorrow.

Written comments must be received within

fifteen days, so that's July 25th from

tomorrow's section. Then we'll be receiving

comments at a later date for the residential

listening session, that goes through the 29th.

But for the purposes of these two reopening

formal consultation sessions comments need to

be received fifteen days from tomorrow's

session, which is July 25th.

And this will be posted -- and this is

already posted online, send comments to

[email protected]. Then there's the

information for the residential facility's

consultation on Tuesday. And then Juanita

20 Mendoza, the Special Assistant to the Director,

21 is the point of contact for further

22 information. Her information is on the website


mailto:[email protected]



Page 36

1 as well as the presentation. So, Tamarah, I 2 think as you mentioned on that slide, three

3 slides ago, we can go to that, back up a

4 couple, and then we will open it up for

5 questions and comments.

6 Tamarah, did you have anything else before

7 we move to that portion?

8 DR. PFEIFFER: No. Thank you, Clint.

9 MR. CRUZ: Thank you, Clint and Dr.

10 Pfeiffer. Operator, can you let the callers 11 know how to ask questions, and the BIE team 12 will be ready to assist in that process. 13 OPERATOR: If anyone would like to ask a 14 question please press * and the Number 1 on 15 your telephone key pad, *1 to ask the question. 16 To remove yourself from queue you may press the 17 # key. We do have a question coming in from 18 the line of Steven Lewis. Go ahead, please. 19 MR. LEWIS: Yes, hello, this is Governor 20 Steven Lewis of the Gila River Indian Community 21 in Arizona. I want to thank everyone. Thank 22 you Mr. Cruz. Thank you everyone at BIE




Page 37

1 Leadership for holding this consultation today. 2 And so when and how to reopen our BIE schools,

3 that's something that has been on the mind of

4 our elected leadership here in the community,

5 so I'm glad to be able to share some thoughts

6 with you, and to hear from my fellow Tribal

7 Leaders today as well.

8 The community has three BIE schools, and

9 they are all tribally controlled schools. And

10 as you now Arizona has the unenviable 11 distinction of being the number one hotspot in 12 the world right now for COVID-19. I know that 13 other tribes on this call are also in states 14 that are experiencing, or have experienced 15 being a hotspot, so I think you'll all hear a 16 lot of differing, differing opinions today on 17 reopening the BIE schools based on the status 18 of this ongoing pandemic in each state 19 throughout Indian country. 20 But I also think all of our Tribal Leaders 21 on this call will have serious concerns about 22 how to provide a safe and successful learning




Page 38

1 environment for our students, no matter the 2 situation, and my first comment is at the Gila

3 River Community we are staying up to date on

4 what is occurring, not just in our state but as

5 I mentioned, of course we have three Tribal

6 controlled schools, so as always we are

7 appreciative of the partnership we have, the

8 ongoing partnership with the Department and the

9 Bureau of Indian Education, but I think that

10 the, the decision on when and in what format we 11 open our tribally controlled schools is a 12 decision for Tribal Leadership, for myself, 13 Lieutenant Governor Robert Stone, and our 14 seventeen member Council. 15 And so all options have pros and cons, I 16 think we all know that, and I don't think we 17 can say that one option will be sustainable 18 option or the entire Fall semester, or even, 19 even at months moving forward, so I would have 20 made a completely different decision two months 21 ago than I might make today based on the 22 circumstances we now find ourselves in Arizona.




1 2

Page 39

Our community's education standing committee

made up of Council members is working with our

3 three schools to come up with a plan that is

4 either in-school learning, distance learning,

5 or a combination of the both, and we will make

6 sure that we are working with the BIE as we 7

8

9

10

enter this next school year.

But, as a Tribal Leader I want to put the

safety of our students first, I think we all

do, and I'm currently going through pages of

11 considerations that need to be answered before

12 we can even make an informed decision about

13 reentry. The State of Arizona has pushed back

14 reopening of public schools to August 17th. 15 16 17 18

That is something the community is likely to do

as a first step, while we make more informed

decisions based on the health risks, and of

course the logistics involved with reopening

19 our schools during a pandemic.

20

I do again want to thank the Department 21 22

and the BIE for working with the Department of

Education, and getting the education




Page 40

1 stabilization plans out to the tribes, I think 2 that was crucial. And I know that you held a

3 briefing yesterday, and that was helpful

4 information as well. So again, I look forward

5 to working with you as we move forward towards

6 the Fall semester. Thank you very much.

7 MR. CRUZ: Thank you, Governor Lewis,

8 appreciate that, and we look forward to your

9 written comment, and working with your three

10 schools. Director Dearman, do you have 11 anything else to add? 12 MR. DEARMAN: Not at this time, no. I 13 really appreciate the comments. 14 OPERATOR: Our next question or comment is 15 from the line of Vivian Sanders. Go ahead, 16 please. 17 MR. CRUZ: Is your line on, Vivian? 18 MS. SANDERS: Can you hear me? 19 MR. CRUZ: There you go. 20 MS. SANDERS: Okay, I was talking to 21 myself. I'm a member of the Tohono O'odham 22 Legislative Council, and on Page 14 of your




Page 41

1 draft plan you refer to students who are high 2 risk, or who have family members who are high

3 risk, to not be penalized for failing to

4 attend, and should continue to receive remote

5 support. For areas such as ours, we still have

6 technology challenges, perhaps education

7 support is just broad terms.

8 And then on Page 17, regarding quarantine

9 for, students who have had contact with

10 COVID-19 must self-quarantine for fourteen days 11 before returning to school, and my question is 12 whether school work will be provided for the 13 students. Apparently it depends on their own 14 health condition, but that's another question. 15 And then finally on Page 24 you refer to 16 PPE for appropriate staff, if you can define 17 what is appropriate staff. We deal with 18 COVID-19 challenges within our nation, it's 19 just hard to provide PPE for, for everyone, as 20 many employees, school staff, community 21 members, so that's my question. 22 I know that transportation will be a




Page 42

1 challenge, as it is for our public schools, but 2 we look forward to just internal discussions

3 here. But those are my questions after reading

4 your plan. And thank you, and stay safe.

5 MR. DEARMAN: Thank you, Vivian. BIE.

6 MR. BOWSER: Yeah, this is Clint. And

7 I'll take an initial stab, and if Tamarah or

8 Tony want to join in, I think I'd appreciate

9 that, but, you know, the idea here is that this

10 high level guidance, and it's not going to be a 11 perfect plan. As the Governor mentioned is the 12 previous comment there's no one size fits all, 13 and there's never going to be a perfect 14 situation that works perfectly for every 15 school. So the idea here is that we wanted to 16 keep it high level, and make sure there were 17 flexibilities that reflected the local/state 18 conditions as warranted. 19 And so high risk family, you tell us what 20 you think is high risk. We -- what we did is 21 we utilized guidance from what other states and 22 the CDC has provided, so it was recommended




1 2

3

4

5

6

7

8

9

10 11 12

Page 43

that there was fourteen days of quarantine.

You know, do the schools want to continue to

provide those distance learning opportunities

during that quarantine period if it happens to

take place, how, what are recommendations for

how they would like to see that done, you know,

taking into account that if there is a sickness

there needs to be provided the, the ability for

those students to, to take that sick time to

recuperate, God willing.

But the -- the point here is that this is

an initial conversation, so if you can provide

13 us those recommendations for what you'd like to

14 see then we will incorporate that to inform our

15 plan to, to meet the consensus. I mean, the 16 17 18 19 20 21 22

idea here is that there's never perfection,

we're not going to be able to address

everything for everyone, but where we can find

that consensus, that will help us build a

stronger and better plan to meet the needs of

more people.

And so the same thing for PPE, so where is




Page 44

1 it appropriate, you tell us. Does that just 2 need to be people that are in the attendance

3 office that are greeting folks, and then once

4 students come in and they're, they're under the

5 temperature threshold, if they are being

6 screened, then do other folks need PPE while

7 they're onsite? Some schools may want to do it

8 differently. Some states are doing it

9 differently. You tell us how you'd like to see

10 that done, and then we can further define that. 11 But it's going to differ, and so that's 12 the idea. I'm sorry I don't have a defined 13 answer for you at this time, but we're going to 14 base our answer on the responses that are 15 received. So I appreciate that comment and 16 feedback. Tony, Tamarah, anybody else, you 17 have, you want to build on that? 18 MR. CRUZ: Vivian, this is Tony, and thank 19 you for your comments. I would really -- if 20 you haven't already done so please make sure 21 you reach out to the school administrator and 22 complete that survey, because it's the data




Page 45

1 that you're talking about that, you know, we 2 realize we have a lot of families that may not

3 have internet connectivity, and we really need

4 to collect that, so if you could reach out to

5 your school administrator and make sure you

6 complete that survey.

7 And in your questions I feel like you,

8 there's also, you're making the comments that

9 we need to, we need to hear, because, you know,

10 as far as school work, I'm sure that the 11 schools and every -- like we said, we want to 12 give our school leaderships, our Tribes the 13 flexibility to design what they feel like they 14 need to have designed to support their 15 communities, and their students. Then our job 16 is to come in and really support. 17 Because I'm sure that all of our school 18 leaders, I'm looking at who are logging on 19 today, I'm sure they already have a template, 20 or a draft plan going in place where they're 21 addressing students that cannot be in the face 22 to face classroom. So thank you very much for




Page 46

1 your comment. 2 MR. DEARMAN: And -- and, Tony, I would

3 just build on that. And if they don't have the

4 draft plans please utilize that, those task

5 force members that we had in the presentations,

6 and your EPAs, your education program

7 administrators to get information on how to

8 develop those. And we're in a tricky window

9 right now, because we are going through the

10 consultation process, so we have the fifteen 11 day timeline to receive comments, so we won't 12 have a finalized plan, but we can build off the 13 draft plan, as well as what your states are 14 doing, to get, to get a draft in place that can 15 then be informed by the finalization of this 16 document, as well as what states plan to do. 17 So I just wanted to say that. 18 OPERATOR: The next question or comment 19 comes from the line of Jeremy Oyenque. Go 20 ahead, please. 21 MR. OYENQUE: Good afternoon, everybody. 22 Good afternoon Director Dearman, and BIE




Page 47

1 Leadership. My name is Jeremy Oyenque, I'm the 2 Director of Youth and Learning, speaking on

3 behalf of Governor Michael Chavarria from Santa

4 Clara Pueblo. Currently I'm also the

5 Operations Chief for our Emergency Operations

6 Center.

7 I guess in line with Governor Lewis'

8 comments as regarding to having the decisions

9 made at the local level, on Page 7 and 8 right

10 at the, the very end of 8, or end of 7 and top 11 of 8, you know, there's one word that I would 12 recommend to be changed, you know, where it 13 does say the EPAs hold the authority to reopen 14 and close school sites. Since the decision 15 should be made in consultation, you know, with 16 the ADD, Tribal Leadership, the first 17 recommendation I have is change should to will. 18 You know, I think just changing that one 19 word makes a big difference in how the BIE and 20 Tribes will operate together, you know, not 21 that it should happen, or could happen, but it 22 will happen. You know, I think changing that




Page 48

1 one word will have a definite impact on the

2 overall plan, and also how the tribes utilize

3 the plan.

4 The second one, you know, just on our

5 Emergency Operations Team as well too, I would

6 recommend the removal of that entire White

7 House guidance template that you have there.

8 You know, I know that we are using CDC

9 guidelines, we're using some of our state 10 11

guidelines, but just having that White House

guidance, and the verbal comments that are

12 coming out of the White House at this time,

13 they paint a conflicting message, you know, to

14 our school leaders, you know, what is written 15 16 17

in the document, and some of the verbal

comments that are being made from different

federal leaders at this time.

18 One thing that I would like to see in them

19 is an expanded resources for special needs

20 students. You know, I think in comparing the 21 22

BIE plan to some of the guidance that's come

out with our, our New Mexico local public




Page 49

1 schools, you know, warrants some more

2 resources, specifically for our special needs

3 students, students on IEPs, you know, I think

4 that would be a good edition, you know, for our

5 local schools, and our Tribal Administrations,

6 on how to look at some of these specific groups

7 and populations that we're doing. I know

8 there's high risk populations added in there,

9 but I would like to see something specifically 10 for our special needs students, and how we can

11 accommodate their needs as well too.

12 Along that line is how are we going to,

13 recommendations on counseling services, you

14 know, the special needs services that I

15 mentioned before, because on that final part,

16 you know, the big part that I guess would 17 18

either be an addition to this, or possibly a

second document would be a FAQ session, you

19 know, the frequently asked questions, you know,

20 one thing that we're always worried about at

21 the local level is what is guidance and what is 22

a requirement, you know, so actually




1 2 3 4 5 6

Page 50

distinguishing those two, that this will be a

requirement for your schools, versus guidance

that you can work with.

You know, I think just creating those

distinctions for our school leaders is going to

be extremely instrumental, you know, because

7 that goes down into the funding, you know,

8 things such as the attendance tracking, how are

9 we going to do the attendance tracking, how are

10 we going to, you know, get those instructional 11 hours, you know moving forward. I do know that 12 we did get the instructional hours waiver from 13 the Assistant Secretary of Indian Affairs for 14 this current school year, but looking at next 15 school year, you know, we need those documents 16 to come out so we could be proactive and not 17 approached. 18 And just the communication part, you know, 19 has really faltered at this point, you know, 20 even for the waiver from the Assistant 21 Secretary, that wasn't rolled out to Tribal 22 Leaders. You know, we did hear about it on the




Page 51

1 call from Director Dearman the other day, but

2 we, we actually received a document from our

3 New Mexico Congressional Delegation, and not,

4 before we even received it from the Bureau of

5 Indian Affairs and the Bureau of Indian

6 Education. You know, so just the communication

7 part, I know that was mentioned before but that

8 really needs to be taken care of at this part.

9 But other than that, thank you guys, thank 10 you for the work that you are doing.

11 MR. DEARMAN: Great. Thank you, Jeremy.

12 BIE, any comments?

13 MR. BOWSER: Yeah, this is Clint. I would

14 just say, Jeremy, thank you for that, the

15 constructive recommendations, and we'll take

16 those into the contemplation in terms of how to

17 improve the document based on that. But in

18 terms of the communications side, you know, one

19 of the biggest things is we know this is a

20 unique time period, and the idea here is that 21 22

we can rely on our typical chain of command,

but you're not getting the information or




Page 52

1 guidance that you need please utilize those 2 Task Force that's been identified within the

3 plan. The idea here is that we're trying to

4 improve that, so where there has been gaps, you

5 know, that we're fixing that, and those points

6 of contact will make sure that you can get the

7 answers you need.

8 And so appreciate that, that comment.

9 OPERATOR: The next question or comment

10 comes from the line of Nuvia Preventes (ph). 11 Go ahead, please. 12 MS. PLATERO: Yes, this is Sandra Platero, 13 the Mescalero Apache Tribal Council, and I have 14 a question. Vice President Pence was 15 announcing on the news that Trump will take 16 away funding if the schools don't start. Does 17 this pertain to BIE schools also? 18 MR. CRUZ: I'll take this one. BIE is not 19 contemplating withholding any federal funds. 20 MS. PLATERO: Well, okay. 21 MR. AGUILAR: Okay. This is -- this is 22 President Aguilar Mescalero Apache Tribe.




Page 53

1 Thank you guys for having, hosting us. What 2 we're -- what we're planning to do is work with

3 our school board, and have a working session,

4 but due, due to the crisis right now there's a

5 lot of questions with like the ventilation

6 systems. You know, we're hearing this virus is

7 airborne, what, what are -- we just need to

8 know the precautions, what, whether the school

9 is going to be safe, you know, whether any

10 school is going to be safe, because we were 11 thinking that we might have to postpone our 12 opening of the school maybe a couple weeks just 13 to prepare, to take the proper measures. 14 But is there any guidance you guys are 15 going to have for like the smaller schools, you 16 know, where -- you know, we -- when our school 17 -- I'll give you an example, for our school we 18 have kindergarten through high school all in 19 one school. That's a lot of kids, so we're 20 going to have to figure out ways to get 21 everybody in and out, through lunches, and, you 22 know, we're going to have to cancel all the




Page 54

1 assemblies, all the cultural events, all, 2 everything that has mass gatherings. It's

3 going to be -- it's going to be tough. So

4 maybe we can kind of, you guys can kind of

5 think about it, how we can work with the

6 schools that have to have more kids. Thank

7 you.

8 MR. DEARMAN: BIE, any thoughts on mass

9 gatherings, ventilation systems.

10 MR. CRUZ: President Aguilar, thank you. 11 You know, these are the comments, again, that's 12 the purpose of the consultation, is to hear 13 what we really need to address. And we can 14 work with DFMC, the Division of Facility and 15 Management Construction, and pull them in when 16 needed. We have also our school operations. 17 But it's comments like this that we're 18 receiving is really going to help us direct in 19 what we need to put out there for guidance for 20 our schools, so thank you very much. 21 MR. BOWSER: And this is Clint, and I 22 would just add that, you know, there's never




Page 55

1 going to be the -- there's always going to be a 2 certain level of risk in anything we do during

3 the decision making, you need time, and so

4 regardless of it's a big school, a small

5 facility, the population, the idea is that if

6 there's something that comes up, if there is

7 someone that is being symptomatic, or sick and

8 has to go home, you know, providing the

9 guidance in terms of how to mitigate and

10 diminish that risk, so whether that's putting 11 up the Plexiglas and making sure that there's 12 barriers -- knowing that you have a smaller 13 facility, you know, what does it look like in 14 terms of classrooms, does that mean utilizing 15 the cafeteria in certain aspects when 16 classrooms are too small to allow some adequate 17 distancing, alternating days even. 18 So we're really trying to get these 19 recommendations, and I appreciate your 20 comments, so that we can look at that and 21 provide some guidance in the final product. 22 But, yeah, there's not going to be a perfect




Page 56

1 system during this, and so the idea here is 2 that we can diminish risk, and if there is an

3 instance how do we mitigate, mitigate that, and

4 so the schools are mitigating that as quickly

5 as possible.

6 MR. CRUZ: President Aguilar, how many,

7 how many schools, BIE schools are at Mescalero

8 Apache, can you remind me? Thank you.

9 MR. DEARMAN: They may have gone off the

10 hook, Mark. I'm not sure. 11 MR. CRUZ: Okay, go ahead, Dr. Pfeiffer. 12 DR. PFEIFFER: I was just going to add -- 13 thank you again, President Aguilar. I just 14 would acknowledge that when you're school is 15 planning, and your leadership team comes 16 together, again your, your school level plan 17 won't look the same as any other school, and 18 you might start to look at what other larger 19 districts and states have done as far as 20 alternating particular groups of students, 21 looking at only certain subjects being taught, 22 who is teaching those subjects, and look, being




Page 57

1 responsive, again, to the special populations. 2 But there are a lot of out of the box

3 thinking that has come about because people

4 have been thinking about that ventilation

5 issue, and the fact that classes could be

6 overcrowded, so, you know, maybe only bringing

7 in half of the class of a particular, maybe

8 fourth grade, or maybe pushing back the start

9 date to give yourself more planning, as you

10 talked about. So thank you for your comments. 11 OPERATOR: Derrick Leslie has the next 12 question or comment. Go ahead, please. 13 MR. LESLIE: Hi. Good afternoon. This is 14 Derrick Leslie from the White Mountain Apache 15 Tribe Education Department. A few of my 16 questions have been answered already, but one 17 of them, one question I had was having to do 18 with the definition of hot spots. As Governor 19 Lewis mentioned earlier Arizona is in the 20 unfortunate situation that we're in, and so how 21 does the Bureau define what constitutes a hot 22 spot, or do we defer that to the local health




Page 58

1 and authorities here on our reservation? That 2 was my question. And of course we'll be

3 submitting additional comments within the

4 coming days. Thank you.

5 MR. DEARMAN: Thank you, Derrick. And

6 absolutely that's where in, in the guidance, or

7 our plan that we have, the draft, we include

8 local health agencies, you know, to establish a

9 hot spot. And definitely the most importantly

10 is our Tribal leadership. So it's not going to 11 be just the BIE's decision, it's going to be a 12 group decision based on other organizations 13 being involved as well. 14 MR. CRUZ: Yeah, and Tony, I would just, I 15 would build on, on that as well. If we -- if 16 we define hot spot, and tell us in your 17 comments, in your written comments, if you want 18 us to define that. It sounds like you're 19 asking for it, but just a heads up, that if we 20 define it in our document then that makes it 21 overarching for the BIE system, and we want to 22 make sure there's flexibilities in place, and




Page 59

1 so let us know if you want us to define it as

2 what's mandated by the Tribal level, the state

3 level, the local level, and we'll take that

4 into consideration as we update the document. 5 Thank you so much.

6 UNKNOWN: That's a good point, because how

7 much of it, of a hot spot plays into your

8 plans, plays, plays into how you structure your

9 reopening. They might have only had an hour,

10 and some of them get -- 11 MR. CRUZ: No, we're still here. 12 MR. DEARMAN: Operator -- operator -- 13 MR. CRUZ: We can hear you. 14 MR. DEARMAN: The next question, operator. 15 OPERATOR: The next question or comment 16 comes from Lieutenant Cecil Shy (ph). Go 17 ahead, please. 18 LT. SHYE: Good afternoon, BIE. I got one 19 question. As part of the school 20 administrative, what is the school 21 administrator, is it the principal or the 22 superintendent himself, and do we direct our




Page 60

1 questions to him, or to her? And another 2 question that I have is as far as distant

3 learning, do we have a hybrid process in place

4 for that just in case the BIA schools don't

5 open up in time? Thank you.

6 DR. PFEIFFER: I'll take that, that

7 question. So when we talk about our, our

8 school leader, it's all dependent on who that

9 local school leader is. If you are talking

10 about a cluster of schools that may have a 11 superintendent I would work with that key 12 superintendent, who will probably bring in 13 principals and, and other stakeholders to the 14 conversation. If it's just one school it's 15 usually, depending on the size, an executive 16 director, a principal, a superintendent, that 17 would be the one that would pull this thing, 18 school leadership team together. 19 As far as the hybrid model, we haven't 20 built templates, again because of all the local 21 related needs of particular schools, some 22 schools being serving only a K program, some




Page 61

1 schools a K-12, some schools K-3. It's all 2 going to be relative to what, how they look at

3 what a hybrid model looks like for them,

4 blended with in-person and distance learning.

5 But thank you for your questions.

6 OPERATOR: The next question or comment

7 comes from the line of Patricia Gonnie, go

8 ahead, please.

9 MS. GONNIE: Good afternoon. Am I

10 unmuted? 11 MR. DEARMAN: We can hear you. 12 MS. GONNIE: Thank you so very much, BIE 13 Leadership for having the schools to have an 14 opportunity to address their concerns and 15 issues before you today. So I thank you for 16 that leadership, and today's opportunity. One 17 of the things that I'm concerned for at this 18 time for Navajo Nation is that the Arizona 19 state continues to be a leading state in the 20 rate of positive COVID-19 patients, and in 21 light of that Navajo Nation has extended its 22 closure of government through executive orders




Page 62

1 of President Nez through the end of July. And

2 as we sit here and ponder the reopening of

3 schools on Navajo I just want to emphasize for

4 us that this is highly dependent on the local

5 health data, and the decision makings through

6 executive orders of President Nez.

7 And so having said that, if we continue to

8 leave it up to the schools to create their own

9 personalized plan by concern is that there will 10 be a high variation of formats of instruction,

11 which will impact the business rules of things,

12 such as how we count attendance, and average

13 daily membership, enrollment, program

14 participation, so on and so forth. And there's

15 heavy concern in regard to funding for

16 transportation and residential programs going

17 forward, because these are the numbers that

18 dictate the funding levels. So there's heavy

19 concern for that.

20 And I wonder whether it makes sense to

21 have a uniform start date of schools so that 22

our schools can have a day to work towards.




Page 63

1 For example, the Arizona State Department of 2 Education identified August 17th as the day of

3 schools reopening, so I'm wondering if we as

4 Bureau funded schools on Navajo can identify a

5 one common start date so that schools have an

6 idea of what they are working with right now.

7 My concern is that schools continue to

8 grapple with getting on their feet with

9 creating a plan. There's so many information

10 that comes at them by way of state's reentry 11 plans, CDC guidelines, in addition to the 12 Navajo Nation guidelines that were set forth as 13 well, and so I believe that there is a need for 14 time for school leaders to create their plan 15 with some sort of a uniformity, and set of 16 expectations with that common start date. 17 The other being whether it makes sense to 18 ask schools to start with a phased approach. 19 Here on Navajo I look at the CDC guidelines for 20 children to reenter school. We are nowhere 21 near meeting any of the criteria for us to 22 reopen our doors for face to face school




Page 64

1 setting, so I believe it would make sense to

2 have that phased approach, giving time for

3 schools to get themselves situated with teacher

4 preparedness, in as much as internet

5 infrastructure that schools are also grappling

6 with, including the Nation ss well. 7

8

9

10 11 12 13 14 15 16

So those are some of my comments and

issues that I'm hearing from the field, and I'm

wondering about your, your perspective on that.

Thank you, again, very much.

MR. DEARMAN: BIE. This is Tony. I'll

start it, and then Dr. Pfeiffer or Clint, you

can add to this. And again, it's very

important that we work with our tribes, you

know, we have schools in twenty three states

from sixty four reservations, and Tribal

17 leadership is critical in the operation of our

18 schools. And we worked with the Navajo Nation,

19 President Nez and I actually had a phone call 20 21 22

back during when we were shutting the schools

down, and we supported the Nation, Navajo

Nation, in shutting all our schools down in the




Page 65

1 three states that we have schools in, along 2 with the Navajo Nation's decision to close

3 their tribally operated schools.

4 So that is something -- it would be hard

5 to set a uniformed date. I'm not saying we

6 wouldn't. I mean we'll definitely consider all

7 the comments, absolutely, but to set a uniform

8 date across all of our system, across sixty

9 four reservations, and twenty three states,

10 would probably be a little bit difficult, so we 11 would definitely work with the Tribes, like 12 with the Navajo Nation, that has six, six 13 schools right there in three states. We'd 14 definitely sit down and work with the Tribes on 15 any, as far as reopening dates or anything that 16 they see that we need to partner with in 17 supporting them and school operations, 18 supporting our staff and our students. 19 MR. BOWSER: And I don't -- I don't have 20 anything to add, so operator. 21 OPERATOR: Okay. All right, the next one 22 online is Rick Vigil, go ahead, please.




Page 66

1 MR. VIGIL: Good afternoon everyone. My 2 name is Rick Vigil. I'm the former Governor for

3 the Pueblo Tesuque, also the Health and

4 Wellness Division Director. I would like to

5 say thank you for your presentation in your

6 planning. This is pretty much my first

7 evaluation of the plan, but I met with my

8 school staff, met on Tuesday, so we're

9 beginning to look at the options of what we

10 need to do, to where again in the formulation 11 of your plan. Here in the state of New Mexico 12 we're also following state education 13 guidelines, and here, respectfully, in our own 14 community we have other restrictions put in 15 place to where, again, working hand in hand 16 with everyone. 17 I think one of the areas that I want to 18 concentrate is on mental health, to where 19 everybody throughout the nation has been 20 impacted with COVID-19. I'm trying to see 21 where resources are available for children, 22 families, to begin recognizing this perspective




1 2

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because it's, we're not out of the weeds yet,

and as we formulate the timeline into the

3 future I think those are other mechanisms that

4 we need to bring forward to also give

5 assurances to our staff, to our parents, and to

6 our children, where again the movement to move

7 forward collectively, altogether, is going to

8 be ideal.

9 Then again looking at the plan I bring the 10 emergency management experience. You cannot

11 concrete some of that plan in detail, because

12 today's discussion may change tomorrow, or the

13 day after. So we've got to look at that

14 flexibility as we move forward, and hopefully

15 moving forward that we continue having this

16 communication, directly as Tribal leaders, 17

likewise school administrator, and even staff,

18 where truly every segment of the nation, we're

19 going to see varying impacts, to where like

20 right now here in the state of New Mexico they 21 22

opened up for businesses and we saw a spike,

and that's where for myself as Health and




Page 68

1 Wellness Division Director I'm also closely 2 working with the Department of Health, and

3 that's where I think in the testing perspective

4 there may be additional resources that we need

5 to continue.

6 So under the leadership of the Bureau of

7 Indian Education and BIA I would hope that you

8 continue that advocacy at the national level,

9 because things don't look ideally from the

10 President's office, and it's rather disturbing 11 as a Tribal Leader in Indian Country the 12 dilemmas we have to continue to face. And 13 that's where it's very important that 14 collectively we all work together moving 15 forward. 16 And there was a question by Mr. Oyenque, 17 things that you're going to formulate, define 18 it as part of a guidance, or part of a 19 requirement, or a guideline that's going to 20 lead us into the future without any kind of 21 confusion, because we here in Indian Country, 22 we're facing each day, the mentally challenges,




Page 69

1 and it's grateful that my community, and we're 2 a very small community, the Tewa Owingeh, we

3 have now done testing, our report card show

4 we're still negative, and that's where, again,

5 as to Health and Wellness Division Director I

6 will be instituting another testing period, and

7 that's where I think in the formulation of your

8 plan, look to the resourcing out there, the

9 federal agencies. FEMA may need to step up

10 their plate to where, again, additional 11 resourcing do come out to Indian Country. 12 The other notation that you had earlier in 13 your presentation identifying EPA as another 14 federal resource, that might be something else 15 that could be noted, in terms of what are the 16 resourcing we're going to get from EPA, and 17 truly define it as we proceed. I will continue 18 to share my thoughts in a written document on 19 behalf of the Tewa Owingeh community school, 20 and the Tribal leadership of the Pueblo of 21 Tesuque. Thank you for your time, and 22 everybody many blessings, and many good will to




Page 70

1 your work, and to yourself, and still continue 2 to be strong in your efforts day in and day

3 out. Thank you very much.

4 MR. CRUZ: Thank you, Governor. BIE?

5 MR. DEARMAN: Thank you. And I really

6 appreciate as a former school administrator you

7 bringing up behavioral health support for our

8 students. You know, it was actually a problem

9 before the pandemic, and we really know that

10 it's a problem now, and we are addressing that. 11 And what we're -- we're doing is we held back 12 our ten percent of the CARES Act funding from 13 the Department of Education, and we are working 14 with, we're going to have about two or three, 15 right now we're looking at three contracts, 16 it's, we've got to go through the contracting 17 process, so what we're really going to support 18 are tribally controlled schools, our BIA 19 operated schools, and support as far as any 20 type of counseling. 21 We're having regular meetings with IHS to 22 really establish some partnerships, and




Page 71

1 relationships in some of our communities with 2 the behavioral health support as well, so I

3 really appreciate you bringing that up. That's

4 something that we, we will need support across

5 our system, the twenty three states that we

6 have our schools in. So thank you.

7 OPERATOR: Darrick Franklin has the next

8 question or comment. Go ahead, please.

9 MR. FRANKLIN: Yes, can you all hear me?

10 MR. CRUZ: Yes, sir. 11 MR. FRANKLIN: This is Darrick Franklin 12 with the Department of Dine' Education Navajo 13 Nation, Window Rock, Arizona. I just want to 14 say thank you BIE for having this Tribal 15 consultation in regards to guidance, or plans 16 for school reopening. I want to share -- my 17 supervisor Ms. Gonnie already touched on some 18 of the subjects, but I want to add more to what 19 she has stated. Now, because Arizona, excuse 20 me, because Navajo Nation is a, the reservation 21 is huge, as you all know, if the Navajo Nation 22 decides to keep the reservation closed due to




Page 72

1 the pandemic, and the numbers, and so forth, 2 will the BIE honor its, this request, and

3 assist schools with virtual type learning?

4 My second question deals with residential

5 programs. The residential programs, some

6 schools are all ready to plan to, to not

7 operate for this year because of the type of

8 set-up that the residential programs offer.

9 For example, we still have schools that have

10 barrack style residential programs, and with 11 this style of a residential program if, if one 12 student, or even a staff member tests positive, 13 the virus is going to spread very quickly, so 14 some of our schools are starting to elect to 15 not house students in the residential programs, 16 so I, I would like to see, or I would like to 17 advocate for our Navajo Nation schools to, to 18 ensure that they are not jeopardizing their 19 funding. 20 So if some, in some capacity if, if 21 schools elect not to do this, not to operate 22 their residential programs, than a measure from




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the BIE must be established to ensure that

funding is not lost for these programs. Again,

Ms. Gonnie touched on transportation, so if you

follow the CDC guidelines it basically has

stated in some shape or form that one student

per seat. So our buses go as far as two hours

of driving time pick up students. How -- how

is this going to be accomplished? My

suggestion is that if this is what, if we're

following CDC guidelines more busses are going

to be needed in this capacity so that one child

is in every seat, to fit the guidelines, and if

13 Plexiglas is needed as well. And does that

14 impact the, the dangers within, within the

15 school bus?

16 The next question that I have, or comment, 17 18 19 20 21 22

is when schools implement their continuous

learning plan in whatever model they use, the

virtual type learning, the hybrid model, the,

the face to face model, how can we, how can we,

how can we assure that, to our Tribal Leaders,

that assurances are taking place to ensure on




Page 74

1 the BIE side, as you, as you all know you are 2 basically the controller of academic, to ensure

3 that children are learning? As you know the

4 state of New Mexico issued an assurance plan.

5 Is that going to be happening throughout this

6 pandemic?

7 Social/emotional was touched upon by

8 several tribes. Suggestion, virtual type

9 counseling sessions, different one on one type

10 counseling sessions, are they going to be 11 increased? What happens to schools who don't 12 have school counselors, who have, who don't 13 have certified staff? You mentioned IHS, are 14 they going to have the time to come to these 15 schools? So that's in regards to 16 social/emotional. As you know, that some of 17 our students have really been hit hard with the 18 loss of their both parents, and grandparents, 19 and so forth. 20 In terms of, you mentioned, Mr. Dearman, 21 that ADDs will coordinate with Tribes. I need 22 to -- it needs to be more specific, because at




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many time the Department of Dine' Education is

left out of the conversation, so is this going

to happen with other tribes who have Tribal

education departments, that you're only going

to communicate with leadership, meaning the

presidents or the governors, or are TEDs going

to be included in this conversation? That

really needs to be clarified, because a lot of

times, as you know, at the top level they're

dealing with a tremendous amount of work,

especially with the Navajo Nation as, as large

as it is. So we need that type of

clarification to ensure that, that Tribal

education departments are at the table with

this discussion, and that they are not left out

16 due to the decisions the BIE is making.

17 So in terms of underlying conditions, some

18 staff have families with underlying conditions. 19 20 21 22

I know in your presentation you talked about

schools, or the presentation providing guidance

on underlying conditions. If schools make this

decision for how to incorporate staff with




Page 76

1 underlying conditions they also need to 2 consider families with underlying conditions,

3 because some staff will choose not to report to

4 work because his, his or her wife or husband

5 has an underlying condition, or their children.

6 So that, that would need to be taken into

7 consideration, as far as the format, so that

8 schools understand that if, if a staff member

9 has, is required to return back to work, that

10 if or she is, has family members that have 11 underlying conditions, they need to incorporate 12 that as well. 13 And someone already touched on the, on the 14 environmental concerns, with the, the air 15 conditionings, and so forth, and also the 16 special ed, so I'll conclude at this point. 17 Thank you, Mr. Dearman, and BIE staff. 18 MR. DEARMAN: Thank you, Darrick. That's 19 a lot of comments there. I mean, you know, 20 definitely the one that really catches my 21 attention is the communications, and we will 22 definitely make sure that you're included in




Page 77

1 the communication. And, you know, you talked 2 about the distance learning. That's something

3 that we would really like to sit down and, and

4 work with our Tribes on, because again, we have

5 the best equipment at school locations, but

6 when we send it home with our kids a lot of

7 times it's just, that's all it is, is

8 equipment, because they don't have access to

9 the internet, they don't have the ability to,

10 to get online. So that's things, and it's 11 going to vary, so that's something that we'd 12 really like to have some sit downs, and 13 communication with our Tribal leaders. 14 As far as honoring the tribe, you know, up 15 to this point we have kept our word, and we 16 will continue working with our tribes, because 17 I can't stress enough, our Tribal leaders, they 18 have a, they have a place at the table. And I 19 think we've, we've proven that, and we've 20 actually, before we went in and shut any of our 21 BIE operated schools down this past year we 22 made sure we talked to all of our Tribal




Page 78

1 leaders, our Tribal leadership, and to get 2 their blessing before we did that as well. So

3 we'll continue working with our tribes, and we

4 appreciate all the comments.

5 OPERATOR: Deborah Ho has the next

6 question or comment. Go ahead, please.

7 MS. HO: Hi, this is Debbie Hoe on behalf

8 of the Bishop Paiute Tribes, following up for

9 the Mescalero Apache Tribe, and following up on

10 comments of the Pueblo Tesuque, and then also 11 on behalf of Leech Lake Band of Ojibwe. In 12 terms of the CDC's decision tree, which you 13 shared, are very helpful, looking at the first 14 column with the schools all seeking to follow 15 the guidelines of the CDC, the first column, it 16 just seems very daunting, in terms of the 17 question is the school ready to protect 18 children and employees at higher risk for 19 severe illness, and then are you able to screen 20 students/employees upon arrival for symptoms 21 and history of exposure. 22 You all know, you know, that every school




Page 79

1 across the country is facing these same

2 challenges, and then it's a thousand times

3 harder, and more difficult in Indian Country,

4 for all the reasons we all know. I was 5

6

7

wondering is BIE, or can BIE put together this,

compile and share best practices of the, the

various schools, as they're all working to meet

8 these different guidelines, and then is there a

9 place for so that there's clarity on the BIE

10 chain of command, and making sure that the 11 12 13 14 15 16 17 18 19 20 21 22

tribes and the schools know who to reach out

to, so that there is a contact within BIE, with

all their different questions and needs,

because within terms of having extra, the need

for extra staff to comply with some of these

guidelines, and then the need for supplies,

PPE, testing, all the different needs for

facilities, especially given many of the

facilities are too small already, and cramped

for students.

And there's just like so many needs, so I

guess in terms of just discussing what I set




Page 80

1 down, would BIE be able to put together a place 2 where information can be shared of best

3 practices, and can there be a place where

4 tribes can look to see who the best contacts

5 are for to address all their different needs.

6 And will BIE be there to help support the

7 schools, given that the guidelines talk about

8 the school administrators being, you know,

9 making these kinds of decisions? Which makes

10 sense, you want to make sure that the, the 11 schools have the, the, the widest flexibility 12 to make decisions that are best for their 13 communities, but, you know, they, they 14 definitely need BIE's support. Thank you very 15 much. 16 MR. BOWERS: Hey, Debbie, this is Clint, 17 and I'll start. And so just when the COVID 18 situation developed, and we started looking at 19 additional mitigation needs, and everything, we 20 made sure that there was the chain of command 21 illustration on our COVID page, and that's the 22 same COVID page the Indian Affairs has more




1 2 3 4 5

Page 81

broadly, so that includes the Bureau of Indian

Affairs, as well as the Bureau of Indian

Education, and so there should be that graphic

there that shows how schools can work up

through the system and then, and get a

6 response. It even includes a point of contact

7 in Central Office in case those schools aren't

8 getting a, getting an answer from their chain

9 of command, so we can circumvent that and 10 provide the supports necessary. 11 In addition, as mentioned on the 12 presentation we've got the task force, and so 13 that task force is specifically developed and 14 intended to support the reopening needs of 15 schools, and to make sure that the 16 individualized localized plans are working 17 with, are utilizing state guidance, as well as 18 the guidance that will come out formally from 19 here based on the comments received. 20 I'm not going to speak for the CDC 21 Decision Tree, that was developed by CDC, so 22 I'll leave it to the public health officials




Page 82

1 and experts that developed that. I know that 2 sometimes it can be confusing, so the intention

3 is that our EPAs, our Education Program

4 Administrators will understand the Decision

5 Tree, so that when our schools have questions

6 we'll be able to answer them, or get them an

7 answer to inform how they should reopen.

8 And then in terms of compiling

9 information, we're looking -- and so the Bureau

10 of Indian Education has Department of Education 11 funding separate from the Education 12 Stabilization Fund, but it supports 13 comprehensive centers, and so these are 14 regional networks that provide educational 15 support to states, and as part of that BIE is 16 considered a state, so we work with the West 17 Comprehensive Center, and so we've been working 18 with other states under them, as well as other 19 comprehensive centers, so North Dakota, South 20 Dakota, New Mexico, Arizona, to partner with 21 states to see what best practices they are 22 utilizing in terms of the COVID situation, as




Page 83

1 well as other situations more broadly.

2 And so we've been working with them to

3 determine, you know, are we in tandem with what

4 they're doing, trying to make sure that we're

5 congruent with the local conditions. And so

6 we're also working to look at all twenty three

7 of our states to see how those states plan to

8 reopen, whether they're looking at distance

9 learning, a delay of schedule, onsite learning, 10 and so we'll make sure and, and take in that

11 whole, the whole environment to inform how we

12 plan to move forward, in addition to the

13 comments received.

14 If that -- if that tool should be utilized

15 as part of the formal reopening guidance plan

16 then we'll take that comment, if you can

17 provide a formal comment we can make sure and

18 take that into consideration, in terms of

19 providing additional resources and best

20 practices within the document itself. So 21 22

thanks for your comment, I appreciate it.

OPERATOR: John Beheler has the next




1

Page 84

question or comment. Go ahead, please.

2 MR. BEHELER: Okay, I hope you can hear

3 me.

4

MR. DEARMAN: Yes, we can.

5

MR. BEHELER: Great. Okay, thank you. I

6 want to express our appreciation. I'm John 7 Beheler, superintendent of Marty Indian School

8 in south central South Dakota. I'm here with

9 our, with Pete Kazena, he's our Yankton Sioux

10 Tribe Business and Claims Committee member, and 11 we just appreciate the opportunity to share a 12 little bit of our challenges here in the 13 Plains. I guess the question that I have deals 14 with facilities. And here at Marty we have 15 facilities that are closing in on a hundred 16 years old. Our students live in dorms that 17 were built in the early 1900's. 18 I guess we have issues with air quality, 19 and we have great need to update the, the HVAC 20 system that we have in our facilities. During 21 the summer months the walls actually sweat. We 22 have an issue with, you know, that virus




1

Page 85

finding a place to breed, if you will, and so

2 it's a major expense above and beyond anything

3 we can afford, and just, just, you know, want

4 to ask if they're, you know, if there's

5 anything that you might be able to do to help 6 us out.

7 In addition to installing an HVAC system

8 them we will also need to upgrade the electric,

9 electric system, electricity in the building.

10 Because it's an older facility we plug in a few 11 things and it trips the circuit. So we have 12 those kind of needs, and of course with 13 construction season kind of coming to a close 14 here that time clock is ticking. We want to 15 have our facilities in place for kids to 16 return, and, and just are there any, are there 17 any funds, I guess, available for that type of 18 construction to prepare ourselves for kids 19 returning. And again, thank you for this 20 consult, consultation, and opportunity to 21 share. 22 MR. DEARMAN: Thank you, John. You know,




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Page 86

Dr. Pfeiffer is on, she's actually on the

participating consultation. We'll be reaching

out to you, and we'll, we'll have conversations

with DFMC in regarding the request that you

just, you just had regarding your facility. So

we'll be in touch with you, and we'll, we'll

get some answers for you.

OPERATOR: Matthew Putesoy, Sr., is the

next one in queue. Go ahead, please.

MR. PUTESOY SR.: Good afternoon,

everybody. I'm here with Chairman Evangeline

Kisson. We're on -- we're located in the

13 bottom of the Grand Canyon, we're one of the

14 tribes are in the lower (unintelligible) and I

15 want to thank you for addressing a need that is 16 17 18 19 20 21 22

vital to our Havasupai community. Right now we

live in a world that relies on internet

services. Even our small community of Supai

Village relies on internet services to conduct

government functions, like other parts of the

country need internet used in every day life,

not just at the Tribal Government level, but




Page 87

1 also for our school. 2 What makes Havasupai different from other

3 parts of the country is that our broadband

4 service is very limited. When it goes down we

5 lose contact with the outside world. We are

6 already removed, but without internet service

7 we are even further removed. While the tribe

8 needs additional broadband, and a broadband

9 upgrade on the reservation, the primary need

10 for broadband at this time is for our students. 11 Due to COVID-19 our students have been 12 pushed from the normal student learning 13 environment at their school to being at home. 14 Generally our students receive a summer school 15 opportunity to supplement their education. 16 This year BIE has yet to provide this 17 opportunity. To assist with the summer school 18 the tribe, not BIE, applied for a grant to 19 obtain laptop computers for each student that 20 lives in Supai Village. With this grant money, 21 and additional money from the tribe, the tribe 22 purchased laptops for each student in Supai,




Page 88

1 however the laptops or only use for students to

2 use in their homes, because the tribe does not

3 have enough broadband to support the online

4 learning opportunities.

5 Currently the tribe only has fifteen

6 megabytes per second of broadband to share

7 among the entire village, this includes Tribal

8 Government functions, along with public use.

9 This is not adequate to support online 10 education for our students. Strengthening our

11 broadband would give us the opportunity to

12 utilize internet services for virtual learning

13 for both high school and K-8 learning.

14 I'd like to bring in our Chairwoman

15 Kisson.

16 MS. KISSON: Okay, thank you. So the 17

tribe requested BIE to release its allocation

18 of fifteen megabytes per second for use by the

19 students in their homes. BIE has refused to do

20 this based on FCC rules. BIE has had weeks to

21 prepare for the students to start their online 22

learning from home, and this is summer school,




Page 89

1 they yet have failed to seek approval from the 2 FCC to share its broadband wirelessly in Supai

3 Village for student needs, use.

4 BIE should be upfront about E-rate

5 waivers. We need jetpacks here in Supai for

6 our students who may not be able to leave the

7 canyon. Havasupai Tribe is still on a

8 lockdown. Arizona State is on one of the

9 highest COVID rates. I don't think, or I do

10 not see that Havasupai Tribe will be lifting 11 its lockdown order. With that, it would be 12 hard to bring in teachers, with that students 13 will need online education. Thank you. 14 MR. DEARMAN: Thank you, Chairwoman. BIE? 15 MR. CRUZ: I just want to thank you for 16 your comments. We -- we are -- we continue -- 17 we're working on the access to the wireless for 18 the community. And I think we, we have summer 19 school scheduled, so we'll make sure that the 20 Associate Deputy Director reaches out and 21 informs you of the summer school dates. But 22 thank you for the comments.




Page 90

1 OPERATOR: The next question or comment 2 comes from the line of Melissa Cook. Go ahead,

3 please.

4 MS. COOK: Hi. My name is Melissa Cook.

5 I'm the Intergovernmental Affairs Manager for

6 Menominee Tribe, and my question comes just in

7 regards to communication. I'm glad to hear the

8 BIA said they're willing, and want to work with

9 tribes. Mine comes from a story, or incident

10 that happened at the beginning of the COVID-19 11 regarding residential schools. 12 At the -- within our reservation schools 13 brought students in after schools closed, and 14 to a surprise to our tribe, who, who we had 15 orders in, and we wanted to make sure we had 16 information of people coming onto the 17 reservation, that they knew all of our 18 protocols, what our orders were, what 19 quarantine were, were from hotspots. We had 20 students come from BIE schools in Oregon, and 21 other ones, so really -- and I don't see that 22 within this reopening plan, is how you




Page 91

1 communicate, you know, to tribes when schools 2 are going to be closed, particularly

3 residential schools, when you have some of our

4 tribal members returning to reservations, so we

5 can provide that important information to them

6 regarding our public health emergency.

7 Some of our protocols are also that our

8 public health is informed that these students

9 are returning, if they may require a fourteen

10 day quarantine. So I guess that's something 11 that I wanted to know, if that's part of that 12 communication plan, and so information sharing 13 is just between what, some of the BIAs, BIEs, 14 school closing, protocols regarding positive 15 testing, closing of schools, and getting that 16 information to tribes so we can give the 17 appropriate information to the students and 18 families to help these returning students to 19 protect the public health of our Tribal 20 community. 21 MR. BOWSER: Yeah. And this is Clint, 22 I'll take this one, and if anybody wants to add




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anything they can add to it, I'm not sure I'm

done, but -- the idea here, and it's similar in

terms of the communications I've described

previously, is that the Education Program

Administrator is going to work for the school

leaders, and so the schools have the dedicated

point of contact, as well as the members of the

8 task force representatives that should be up on

9 your screen now, to report any information.

10

There's also as part of the COVID 11 12 13 14

situation, because schools were still providing

school lunches in many places, we've got our

emergency management team that provides support

if there's mitigation needs, and so there's

15 points of contact within that team that schools

16 have, and if there is a case that's suspected

17 -- and so keep in mind that we may not always 18 19 20 21 22

have the declaration that a COVID case has been

formally identified.

If there's temperature -- if there's a

temperature check, say at the local level, and

that has a degree high enough to warrant




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isolation and quarantine, it'll be the public

2 health official that confirms that, because

3 that's where the COVID testing would take

4 place. And so because that's PII that may not

5 necessarily be released to the school, but the

6 idea here is that if there's a suspected case

7 the school would isolate the individuals

8 compassionately.

9 Now, the idea here is that we don't want 10 to make students fear being isolated, we want

11 to support our schools, and support our

12 students so there's not any emotional trauma

13 that, or diminish emotional trauma to the

14 extent possible if, if they do have the high

15 degree of temperature. But the school is to

16 isolate them, and then work with their 17

education program administrators, as well as

18 the EM team, the Emergency Management Team, and

19 the point of contact there that helps with

20 mitigation. And that would provide that

21 information.

22

And then we also have the task force




Page 94

1 representatives that are helping schools 2 develop their plans that would work to provide

3 key details in their individualized plans.

4 Tony, Tamarah, do you guys want to add

5 anything? You don't have to, I just want to

6 check.

7 MR. CRUZ: I don't have anything to add.

8 Thank you, Clint.

9 MS. PFEIFFER: No, not at this time.

10 OPERATOR: Yona Wade has the next question 11 or comment. Go ahead, please. 12 MR. WADE: Good afternoon, this is Yona 13 Wade, a member of the Eastern Band of Cherokee 14 Indians, Director of Community Affairs at 15 Cherokee Central Schools, and I just wanted to 16 say thank you, first off, for hosting this 17 discussion. I think it's very important that 18 communication stays open for everyone, and I'm 19 glad to hear a number of folks voicing their 20 concerns regarding communications, and how 21 quickly that communication comes from the BIE 22 to the schools so that we are able to make the




Page 95

1 appropriate and informed decisions that we need

2 to make here on the local level.

3 But I just wanted to share a few moments

4 about kind of what we're doing here at Cherokee 5 Central Schools as we begin to move into a

6 potential reopening. We are blessed to have

7 all three schools here on one campus, so that

8 makes it a lot easier. However, having

9 elementary school, middle school, and high

10 school, all presents their own individual 11 challenges based on the type of education that 12 takes place in those three different 13 environments. 14 I've heard individuals bring up concerns 15 about PPE needs, and one of the things that we 16 able to do, we have a very robust emergency 17 operations center here with our Tribe, so we 18 were able to reach out to those folks there. 19 Our own Tribal Public Health and Human Services 20 has been able to provide some guidance for us 21 in terms of PPE, but we were able just to take 22 some walkarounds here in our schools to




Page 96

1 determine whether or not those barriers were 2 needed in certain areas. Currently we're

3 working on plans for temperature checks of our

4 students, and are looking at an A/B schedule so

5 that we are able to maintain a fifty percent or

6 less on campus as we look at that reopening.

7 Our Governor has yet to provide concrete

8 guidance for schools in the state of North

9 Carolina, so most of what we are hearing are

10 recommendations. And I think from a lot of the 11 individuals, and the comments that I have been 12 hearing, is that everybody is looking for, not 13 recommendations but requirements. And I do 14 understand when you place requirements on plans 15 it tends to make it more difficult at the local 16 level to administer those plans so that they 17 meet the individual needs of each of our Tribal 18 Nations, so I think that as we move forward we 19 continue to remember that this is an every 20 changing situation which requires us to be 21 flexible. 22 I've heard some mention about thinking




Page 97

1 outside of the box, using spaces that you 2 typically would not use for classes, and how

3 you might be able to safeguard your students in

4 the environment when they return, also making

5 sure that we provide safe environments for our

6 staff when they also come back. We've also

7 been looking at protocols working with our

8 local hospital, our tribal hospital, in terms

9 of protocols they have in place for when staff

10 members travel. I think that's going to be a 11 concern. We are in summer vacation time now, 12 and while the advice and recommendation is that 13 you stay home we know that there are 14 individuals who are still choosing to travel, 15 so making sure that your plans have protocols, 16 or processes in place to work with your staff 17 when they are coming back onto your campus is 18 going to be an important piece to whatever 19 plans each Tribal Nation puts into place so 20 that we can provide a safe environment for our 21 students when they return. 22 So just -- our plan goes a little bit more




98

4 the same concerns that we are having here. But

5 I think one of the best things that I think

6 will help this situation is that if

7 communication from the BIE can continue to come

8 quickly, so that we aren't waiting on waivers,

9 or we have clear understanding, as was

10 mentioned earlier, on student numbers and hours

11 that our students, contact hours, and ensuring

12 what that's going to look like for our funding,

13 I think will help us all make continued

14 informed decisions as they apply to our school,

15 and when we begin into the next school year.

16 So I think if we can continue to make sure

17 that we have robust communication, and those

18 lines stay open -- I've worked in this system

19 for a number of years, and I hear the concerns

20 coming from other Tribal Nations in terms of

21 wanting the BIE to tell us what we need to do,

22 and I think part of that comes because so

Page

1 in-depth, but I just wanted to share with

2 everybody that I too hear the concerns that

3 everybody is bringing forward, and those are




Page 99

1 oftentimes the BIE just in regular educational, 2 in the educational arena are directing us as to

3 what we need to do educationally, and sometimes

4 if you deviate from those plans, or you step

5 outside of those ideas that have been set by

6 the BIA, you're sometimes reprimanded. So I

7 think while I hear the folks at the BIE telling

8 us that the plan is made to be flexible, I

9 think there is a bit in flexibility because

10 that has not always been as welcomed in the 11 past. 12 So making sure that it is clearly 13 understood that the Tribe, along with its local 14 health organization, whether that's a state 15 public health and human services, or tribal, or 16 a combination of the many local school boards, 17 county school boards, that we, that that 18 understanding is there, and it's clear that we 19 have to make the decision. 20 Unfortunately for us here, or fortunately 21 here at Cherokee Central Schools we couldn't 22 wait for our Governor to make a decision. We




Page 100

1 couldn't necessarily wait for the BIA, or the

2 BIE necessarily to make a decision. We had to

3 choose our opening date, as that kind of start

4 time for us to begin to develop a plan. So

5 while I'm happy to say that our plan is, is way

6 ahead of a lot of other folks, I think that we

7 just ended up having to take an initiative

8 because there was not as clear communication

9 coming as to what we needed to do, you know, 10 we're always waiting for somebody else to make

11 the decision, or we're waiting for it to be

12 passed up the chain for somebody else to tell

13 us where it needs to go, because you don't want

14 to deviate from the process and have to deal

15 with what may come from making those outside

16 decisions.

17 So again I, you know, just want to say

18 thank you again for allowing this opportunity

19 for us to have this discussion, and I think

20 that it's going to be vitally important that 21 22

communications stay clear and open, and is

given to these Tribal schools as quickly as




Page 101

1 possible so that we can continue to make the 2 most informed decisions. Thank you.

3 MR. CRUZ: Okay, thank you for your

4 comments. BIE, if you want to respond. And

5 then we'll go ahead and wrap up, Tony, with

6 closing remarks.

7 MR. DEARMAN: Again, we appreciate your

8 comments, and communications, you know, that's

9 one thing since becoming Director that I've

10 always felt like, and you've heard me continue 11 to say, is that we need to change the mindset, 12 and we need to be a serving organization, and I 13 feel like we are headed that way, and we've 14 made some changes. 15 You know, I would ask all of our school 16 leaders, our Tribal Leaders, if you want to 17 know who your contact is we'll make sure, I 18 mean we'll get that established. But school 19 leaders especially, if you don't know who your 20 EPA is please, you can send me an email 21 directly, and we'll make sure you have that 22 communications, direct communication with the




Page 102

1 EPA. But I feel again, I know I have, we have 2 a lot of staff that's on the call, and I

3 appreciate their attendance.

4 Yona, I have the EPA, Connie Albert (ph)

5 has told me that you all have a really good

6 plan, and we'll be looking at that, and

7 considering all your comments, so thank you

8 very much.

9 MS. PFEIFFER: And I just want to add as

10 well, Mr. Wade, I really want to thank you. 11 From my history of working with Tribal Leader 12 controlled schools, and being an educator, and 13 superintendent, and school's principal in 14 several different Tribal Leader controlled 15 schools, the motto for Tribal Leader controlled 16 schools has always been just do it, you can't 17 wait, the regulations are 25CFR, and the 18 practice of, of really communicating out to 19 your community, and your stakeholders, and, and 20 developing something so that you have at least 21 a template to begin with, I think has got to be 22 the mindset right now.




Page 103

1 And that out of the box thinking, and the 2 flexibility, all of it can't just be on the

3 shoulders of, of one school leader, and so I

4 really appreciate the work that you're doing,

5 and know that you'll be at the forefront in the

6 work ahead. Thank you again.

7 MR. CRUZ: Tony, do you want to start the

8 wrap-up?

9 MR. DEARMAN: Absolutely, thank you, Mr.

10 Cruz. Again I want to close by really thanking 11 everyone for getting on today, and we look 12 forward to your comment. I really appreciate 13 some of the comments that we, or all of the 14 comments. There was some really good comments 15 made today about being flexible with this plan. 16 I think as Governor Lewis had mentioned at the 17 beginning, that two months ago his plan would 18 have looked different than it does now, and I 19 think that's where we have to really be 20 supportive with all of our schools, because as 21 this pandemic, as it spreads, or it gets better 22 throughout out system, our Tribal Nations, we




Page 104

1 need to be able to adjust and adapt.

2

I just want to remind everyone that we

3 have another session tomorrow, the exact

4 session. And I appreciate our BIE's staff for 5 the work that you're doing, and I appreciate

6 all of our staff getting on to hear the

7 comments, because that's, that's really

8 helpful, to hear the comments from the field.

9 I'll pitch it back to you, Mr. Cruz.

10 MR. CRUZ: Great. Thank you, Director 11 Dearman. I really appreciate everybody's time 12 this afternoon. A lot of very good comments, a 13 lot of issues that our staff have identified, 14 and a few new ones, that you've given us a lot 15 to think about. As we mentioned at the 16 beginning the record will be open. We have a 17 couple more consultations, tomorrow as well as 18 next Tuesday, and we look forward to hearing 19 that feedback, it gives us a lot to work with, 20 and we really appreciate it, because we know 21 this has really impacted our daily lives across 22 the board. So, you know, they don't get it




Page 105

1 enough, but I really appreciate what you all 2 are doing at the school level, and at the

3 Tribal level, as well as our employees in the

4 field.

5 And that's one of the things the Assistant

6 Secretary has emphasized, is, you know, we are

7 a customer based organization, and a lot of us

8 come from these communities so we really feel

9 for what's happening out across the country,

10 and we are trying to find the best path 11 forward, and will continue to do that with your 12 thoughtful comments and recommendations, and 13 suggestions. 14 So I know there was a lot of interest in 15 today's consultation, we had a couple of 16 hundred folks participating, and we look 17 forward to another good consultation session 18 tomorrow. And with that we'll go ahead and 19 wrap up. I appreciate everyone being here, and 20 we look forward to talking to you again soon. 21 So thank you very much. Everyone take care. 22 OPERATOR: This concludes today's




Page 106

1 teleconference. You may now disconnect your 2 line.

3 (Thereupon, the meeting concluded.)

4

5 6

7

8

9

10 11 12 13 14 15 16 17 18 19 20 21 22




<%17342,Signature%>

Page 107

1 CERTIFICATE OF NOTARY PUBLIC

2

3 I, NIDELIS GONZALEZ, the officer before 4 whom The foregoing proceedings were taken, do hereby

5 certify that any witness(es) in the foregoing

6 proceedings, prior to testifying, were duly sworn;

7 that the proceedings were recorded by me and

8 thereafter reduced to typewriting by a qualified

9 transcriptionist; that said digital audio recording

10 of said proceedings are a true and accurate record 11 to the best of my knowledge, skills, and ability; 12 that I am neither counsel for, related to, nor 13 employed by any of the parties to the action in 14 which this was taken; and, further, that I am not a 15 relative or employee of any counsel or attorney 16 employed by the parties hereto, nor financially or 17 otherwise interested in the outcome of this action. 18 19 20 21 NIDELIS GONZALEZ 22 Notary Public in and for the Florida




<%17391,Signature%>

Page 108

1 CERTIFICATE OF TRANSCRIBER

2

3 I, CHARITY RIVERA-GARCIA, do hereby 4 Certify that this transcript was prepared from

5 the digital audio recording of the foregoing

6 proceeding, that said transcript is a true and

7 accurate record of the proceedings to the best

8 of my knowledge, skills, and ability; that I am

9 neither counsel for, related to, nor employed

10 by any of the parties to the action in which 11 this was taken; and, further, that I am not a 12 relative or employee of any counsel or attorney 13 employed by the parties hereto, nor financially 14 or otherwise interested in the outcome of this 15 action. 16 17 18 19 20 CHARITY RIVERA-GARCIA

21

22




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[online - places] Page 13

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[plachero - protocols] Page 14

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[protocols - relative] Page 15

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202-857-3376 · 16 will be provided in today's presentation as . 17 well. The overarching goal for this document ... 6 recommend the removal of that entire White . 7 House guidance