In a move that has sparked concern and criticism, tribal leaders and education advocates have accused the Education Department of bypassing a legal obligation by failing to consult with tribes before announcing a significant restructuring of Native American education programs. This decision involves transferring numerous programs to different federal agencies, a shift that has raised alarms about the potential for increased confusion and disruption in services.

The Education Department recently disclosed plans to dismantle several of its core offices, reallocating their duties to agencies such as the Department of Labor and the Department of the Interior. These agencies are set to assume control over various initiatives that provide funding and oversight for the education of Native American children and college students. Tribal leaders, however, are voicing concerns that this reallocation will not only muddle budgetary processes but might also compromise the quality of services provided.

Steve Sitting Bear, the chairman of the Standing Rock Sioux Tribe, has been vocal in his disapproval, stating, “This transfer brings no additional support to our schools and merely shifts us from one inadequate system to another.” He stressed that such instability poses a threat to the well-being and success of students on the reservation. Sitting Bear emphasized that the tribe, which operates a K-12 school funded by the federal government, was not consulted about the changes, despite legal requirements mandating such discussions. He argued that the reorganization only exacerbates uncertainty and layers unnecessary bureaucracy.

Further adding to the outcry, Ahniwake Rose, president of the American Indian Higher Education Consortium, highlighted the confusion surrounding the management of funds for Tribal Colleges and Universities (TCUs). With funding now set to flow through multiple departments rather than a single entity, Rose pointed out that many questions remain unanswered, leaving educational institutions in a state of uncertainty about future financial and operational procedures.

Ahniwake Rose, president of the American Indian Higher Education Consortium, said there are several unanswered questions about how funding for Tribal Colleges and Universities, or TCUs, that previously went through one department will now go through several different ones.

“When my TCUs have a question, they’re going to be three agencies they might possibly have to go to for solutions. So we’re going to need really clear-cut roles, delineations for who does what, when, and where,” she said. “To be able to be part of the conversation as it’s being drafted would have been incredibly helpful.”

“We value the input we receive from tribes and stakeholders, and we remain dedicated to building a future where Native students have the tools, support, and opportunities they need to thrive for generations to come,” Kirkland said.

The Education Department has not yet initiated the transfers, and it does plan to conduct tribal consultation, said Madison Biedermann, a spokesperson for the Education Department. “As we take steps to implement the interagency agreement, we will engage with key stakeholders, including tribal leaders.”

The Labor Department did not respond to a request for comment.

Many in Indian Country said that consultation should have happened first.

“Tribes should be involved at every step in the process,” said Julia Wakeford, a policy director at the National Indian Education Association.

The education funding and resources the federal government provides to Native Americans are part of the country’s trust responsibilities, which are the legal promises that were made through treaties and acts of Congress in exchange for the land it took from tribal nations. Tribal leaders have said that the administration of those legal obligations have been uncertain and precarious ever since the Trump administration began slashing federal spending and reducing the federal workforce.

Wakeford said the federal government should have begun consultation before the decision was made, and they’re asking the Trump administration to detail Education Department staff to the Bureau of Indian Education, a department within the Interior.

“Without them, there’s no way that the Bureau of Indian Education could have the necessary capacity,” she said.