Education

Delegates move to strip power from ed board

By Jason Begay
Navajo Times

WINDOW ROCK, April 3, 2008

Apparently, when the chairman of the Navajo Nation Council's Education Committee said he was disappointed, he really meant it.

Andy Ayze (Chinle), committee chair, is sponsoring legislation that would essentially strip all of the powers of the Navajo Nation Board of Education and redistribute them to the president's office, the Department of Diné Education, the Navajo Nation superintendent of schools, and the committee itself.

"It seems like the board of education dropped the ball when the superintendent was terminated," said Ayze, referring to the controversial firing last August of Tommy Lewis. "We haven't seen anything happen since then."

Ayze's bill, which was endorsed unanimously by the Education Committee on Monday, is expected go before the Ethics and Rules Committee on Friday. The council is expected to review the bill in a work session Tuesday, April 8, and vote on it during the spring session later this month.

The bill would amend portions of the tribal code that specifically refer to the school board. Among the changes, the board would no longer have the authority to select the superintendent. The superintendent would serve at the pleasure of the president, who would make the appointment with confirmation by the Education Committee.

The board would be reduced from 11 to seven members, all to be appointed by the president. Currently, the board is designed to include six appointed members and five elected by each agency.

The board, which has had several resignations, currently has nine members. Katherine D. Arviso, who resigned in January, rescinded her withdrawal this week at the board's request.

The five elected members took office in January 2007. However, because of resignations, the board has never had a full compliment of 11 members.

Ayze's bill would strip most of the board's oversight power. Currently, the board oversees the superintendent, whose main goal is to manage the education department by implementing the board's directives.

Under the proposed amendments, the committee would take over such oversight and the board would merely advise the committee.

The power to monitor activities of all BIA schools would transfer from the board to the committee, under Ayze's bill.

The committee would have the authority to guide the superintendent as the tribe continues to establish its own school curricula and policies.

The proposed revisions are a drastic turn in what seemed to be escalating tensions between the board and committee. The board has been under fire in the past month, chastised by committee members who accuse it of bogging down in internal bickering.

The board's trouble started when it fired Lewis just a little over a year after hiring him. Lewis, who said he had received no warning or chance to answer to the board's concerns, filed a complaint with the Navajo Labor Commission.

For the next eight months, the board reportedly stood still with half of its members seeking to resolve the issue with Lewis and the other half insisting the issue was over.

The Department of Justice, representing the board, reached a settlement with Lewis last week.

During the interim, little had been done to develop the education department along the lines set forth in changes to the education code passed in 2005. Ayze claimed the board's inaction set back implementation of those changes by about 18 months.

Ayze's legislation states that "the delegation of authority to the (Board) has not resulted in the projected administrative and programmatic improvements to Navajo education."

Willie Tracey Jr. (Ganado/Kinlichee), the bill's co-sponsor, was more forthcoming during his presentation of the bill to the committee. He even hinted at direct conflicts between the board and the committee.

"There are a number of specific duties and responsibilities outlined in (the education code) that are not being addressed," Tracey said. "But when we begin to question the board, they say, 'Who are you to talk to me or question me like that.' Certainly we are not receiving answers now."

The committee voted to endorse the bill with no discussion.

Board members, who have not responded to calls for comment since Lewis' termination, released their own statement Wednesday.

They said the proposed legislation was "contrary to the Board of Education and all the educators, local chapters and school boards who worked long and hard on the amendments that became the Navajo Sovereignty in Education Act of 2005."

It's true that the act was the result of years of research and input from the public at several town hall hearings across the reservation. It is unclear how a majority of delegates will view the attempt to make sweeping amendments now.

"They might say it's too early for these types of amendments," said Leonard Chee (Birdsprings/Leupp/Tolani Lake), who chaired the Education Committee as it worked to revise the tribal code. "They might say we need to give this more time."

In its statement, the board agreed, "the expected progress has not occurred." It blames the "failure of the Education Committee to understand and properly execute its role (and) relationship" to the board.

The committee should have more clearly outlined how it would work with the board and the education department, according to the statement.

"The role of the Education Committee is sole legislative oversight and not to micromanage the Department of Diné Education," the board stated.

Chee said he was also disappointed that board members could not work together, but said Ayze's bill may be too drastic and too soon.

Perhaps the president could replace the current board by making new appointments, Chee suggested.

"It's a workable law," he said. "Sure it needs an amendment here and there, but not a revamp to the whole law."

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