DEPARTMENT OF DINÉ EDUCATION THE NAVAJO NATION P.O. Box 670 · Window Rock, Arizona 86515 PHONE (928) 871 – 7475 · FAX (928) 871 – 7474 Jonathan Nez President Myron Lizer Vice-President NNBESE-666-2020 RESOLUTION OF THE NAVAJO NATION BOARD OF EDUCATION Relating to Education; Opposing Plans by the Bureau of Indian Education (BIE) to Reopen Schools on September 16, 2020 with Face-to-Face Instruction; Directing that all BIE-Operated Schools on the Navajo Nation Provide Virtual or Online Learning Options with No Face-to-Face Instruction. WHEREAS: 1. The Navajo Nation Board of Education (hereinafter the “Board”) is the education agent in the Executive Branch for the purposes of overseeing the operation of all schools serving the Navajo Nation. 10 N.N.C. § 106 (A). The Board carries out its duties and responsibilities through the Department of Diné Education (hereinafter the “Department”). 10 N.N.C. §106 (G)(3). 2. The Department is the administrative agency within the Navajo Nation with responsibility and authority for implementing and enforcing the educational laws of the Navajo Nation. 2 N.N.C. §1801(B); 10 N.N.C. §107(A). The Department is under the immediate direction of the Navajo Nation Superintendent of Schools, subject to the overall direction of the Board. 10 N.N.C. §107(B). 3. The Navajo Nation has substantial authority and broad jurisdiction to regulate all matters within its territorial boundaries pursuant to its inherent sovereignty and the Treaty of 1868. This authority and jurisdiction include the ability to oversee and regulate matters regarding state public schools, Public Law 100-297 grant, Public Law 93-638 contract, Bureau of Indian Education-operated schools, higher education institutions, and all FACE programs, early childhood education programs, and Navajo Head Start programs located on the Navajo Nation. 4. The Coronavirus disease (“COVID-19”) is a global pandemic infecting substantial numbers of people, which has spread exponentially and increased globally, as indicated by the Centers for Disease Control (“CDC”), the World Health Organization (“WHO”), and other public health organizations located within the United States and regionally. 5. The Board maintains that the COVID-19 pandemic highlights the importance of our multiple school systems (Bureau of Indian Education-funded, public, charter, private) and the need for a consistent, coherent, actionable and fully resourced plan to support every school and school district reopening during the 2020-21 academic year. NAVAJO NATION BOARD OF EDUCATION Priscilla B. Manuelito, President · Spencer W. Willie, Vice President · Dr. Victoria Yazzie, Secretary Member: Sharon A. Toadecheenie · Marlene Burbank · Dr. Henry Fowler · Andrea K. Thomas Freda Nells · Joan A. Gray · Emerson John · Dr. Pauletta White Patricia Gonnie, Acting Superintendent of Schools NNBESE-666-2020 6. During a telephone conference on August 13, 2020, the BIE Acting Associate Director Charles Sherman assured the Navajo Nation President Jonathan Nez and the Department that BIE schools operating schools on the Navajo Nation would begin online learning with no in-person instruction. He has since changed his position. 7. The Navajo Nation’s school reopening guidelines were developed in consultation with stakeholders from BIE-funded schools, school leaders, BIE officials, parents, and other stakeholders. The guidelines affirm the work and efforts to support local school superintendents, school leaders and administrators, parents, students, and other stakeholders to ensure a smooth transition to reopen schools for the 2020-21 school year in a manner informed by health data, applicable and actionable CDC, Navajo Nation, state and local health agency guidance, while prioritizing the health and safety of students and staff. 8. The Board and the Navajo Nation strongly request the BIE to honor the sovereignty of the Navajo Nation, the standing Navajo Nation health orders, and the Board’s support for online learning only for the duration of first semester of the 2020-2021 school year. NOW THEREFORE BE IT RESOLVED THAT: 1. The Navajo Nation Board of Education hereby opposes plans by the Bureau of Indian Education (BIE) to reopen schools on the Navajo Nation on September 16, 2020 with face-to-face and in-person instruction and directs all BIE-operated schools to provide virtual or online learning options only, with no face-to-face instruction, for the duration of first semester of the 2020-2021 school year or until the Navajo Nation deems it safe to return to face-to-face instruction. 2. The Navajo Nation Board of Education hereby directs and empowers the Superintendent of Schools to take any actions deemed as necessary and proper to carry out the purposes of this resolution. CERTIFICATION I hereby certify that the foregoing resolution was duly considered by the Board of Education of the Navajo Nation at a duly called meeting at Window Rock, Arizona (Navajo Nation) at which a quorum was present, motion by Dr. Henry Fowler and seconded by Joan A.Gray and that the same was passed by a vote of 9 in favor; 0 opposed; 0 abstained, this 3rd day of September 2020. __________________________________ Priscilla B. Manuelito, President Navajo Nation Board of Education