BIE and Department of Education Elementary and Secondary Education Act Funds for Covered Programs

Under the Elementary and Secondary Education Act of 1965 (ESEA), as amended by the Every Student Succeeds Act of 2015 (ESSA), the U.S. Department of the Interior’s Bureau of Indian Education (DOI/BIE) and the U.S. Department of Education (ED) are required to enter into an agreement for the distribution and use of certain ESEA funds for Covered Programs under terms that the Secretary of Education determines best meet the purposes of those programs. 20 U.S.C. § 7824(a)(2)(A). The agreement must set forth the plans of the Secretary of the Interior for the use of the amount transferred and the achievement measures to assess program effectiveness, including program objectives, and be developed in consultation with Indian Tribes. 20 U.S.C. § 7824(a)(2)(B). There was a substantially similar requirement in the ESEA prior to the ESSA amendments under which ED and DOI/BIE last entered into an Agreement in 2012. ED and DOI/BIE invite tribal leaders to virtual tribal consultations to discuss the new draft Agreement on July 1, 2025.

The agreement defines the responsibilities of DOI/BIE and DOI/BIE-funded schools for Covered Programs. Specifically, Covered Programs included in the agreement are:

• Title I, Part A (Improving Basic Programs Operated by Local Educational Agencies)
• Title I, Part B (State Assessment Grants)
• Title II, Part A (Supporting Effective Instruction)
• Title IV, Part A (Student Support and Academic Enrichment Grants)
• Title IV, Part B (21st Century Community Learning Centers)
• Title V, Part B, subpart 2 (Rural and Low-Income School Program)
• Title VI, Part A, subpart 1 (Indian Education Formula Grants)
• ESEA section 2222 (Comprehensive Literacy State Development program)
• McKinney-Vento Act Programs - Title VII, subtitle B (Education for Homeless Children and Youths)

Two 2-hour webinar sessions will be scheduled. One session is designated for Tribal leaders or their designee, and a public session is designated for school boards, parents, teachers, and other education stakeholders. Oral and written comments will also be accepted.

The following table lists the dates and consultation webinar registration information. After registering, you will receive a confirmation email containing information about joining the meeting.

Background information on the DOI/ED agreement, including the draft agreement itself, is available in the "Resources" section below. The DOI/BIE strongly recommends reviewing the DOI/BIE’s webpage prior to attending a Tribal consultation session or submitting written comments for providing meaningful feedback.

If you would like to provide written input, please either email your comments to consultationcomments@bie.edu or mail them to Ms. Juanita Mendoza, 1849 C Street, NW, MS 3609, Washington, DC, 20240. The deadline for written comments is August 1, 2025. If you have any questions regarding the Tribal consultations, contact Ms. Juanita Mendoza by phone at (202) 208-3559 or by email at juanita.mendoza@bie.edu.