Davids Works to Protect Tribal Schools, Students from Trump’s Harmful Voucher Plan

This week, Representative Sharice Davids urged the U.S. Secretary of the Interior Doug Burgum and U.S. Secretary of Education Linda McMahon to listen to widespread Tribal opposition to their proposed school voucher program and fully fund Tribal education and BIE programs. Representatives Melanie Stansbury (NM-01) and Teresa Leger Fernández (NM-03) also led the effort. 

“We urge the Department of the Interior and Department of Education to heed the call of dozens of Tribal Nations who continue to voice their opposition to the proposed efforts by the Administration to restructure tribal education and Bureau of Indian Education (BIE) programs into school voucher programs,” the Members wrote. “As you heard during the March 14, 2025 tribal meeting held via Zoom, many Tribal Nations across the country oppose the proposition. The proposal would effectively defund BIE schools, threaten Tribal self-determination, and violate multiple federal statutes, including the federal trust and treaty responsibilities.” 

“The proposed voucher system would weaken BIE schools in profound ways ... Over 90% of BIE-funded schools are located in remote locations with no alternative schools. Destabilizing and closing schools would be traumatic for the students and families in these communities,” the Members wrote. “BIE-funded schools are the schools of choice for Tribes and students because they reflect the cultures, languages, traditional belief systems, and priorities of the communities that other educational options cannot provide. These schools often provide critical support services for the most vulnerable in their community, such as housing, meals, and internet access.”

This week’s letter follows up on a February 11, 2025 letter from Reps. Davids, Stansbury, and Leger Fernández to Secretary Burgum, where they raised concerns about an executive order that could enable families with students eligible to attend BIE schools to use federal funding for other educational options — including private, faith-based, or public charter schools — as soon as the 2025–2026 school year.

The full letter is here or below: 

Dear Secretary Burgum and Secretary McMahon:

We urge the Department of the Interior and Department of Education to heed the call of dozens of Tribal Nations who continue to voice their opposition to the proposed efforts by the Administration to restructure tribal education and Bureau of Indian Education (BIE) programs into school voucher programs. As you heard during the March 14, 2025 tribal meeting held via Zoom, many Tribal Nations across the country oppose the proposition. The proposal would effectively defund BIE schools, threaten Tribal self-determination, and violate multiple federal statutes, including the federal trust and treaty responsibilities. 

On February 11, 2025, we sent a letter to Secretary Burgum about our concerns regarding Executive Order 14191 on “Expanding Educational Freedom and Opportunity for Families,” which directs the Secretary of the Interior to “review any available mechanisms under which families of students eligible to attend BIE schools may use their Federal funding for educational options of their choice, including private, faith-based, or public charter schools, and submit a plan to the President describing such mechanisms and steps that would be necessary to implement them for the 2025-2026 school year.” It is clear that implementing Section 7 of Executive Order 14191, as discussed above would violate multiple federal statutes, and impact the fundamental education programs that serve tens of thousands of tribal students. It is also our understanding that the overwhelming consensus on the March 14th call was that Tribes are not supportive of this proposal or any proposal that would weaken or defund the BIE and tribal education systems, including moving to a lump-sum voucher system. Many tribal communities schools are distinctive in that they are often the only educational institution serving students within a 45+ mile radius.  

Therefore, the proposed voucher system would weaken BIE schools in profound ways. By redirecting federal funds away from BIE schools, it would create funding instability that will almost certainly lead to school closures. Over 90% of BIE-funded schools are located in remote areas with no alternative schools. For example, Seba Dalkai Community School in Arizona requires students and parents to travel over an hour round trip for services. Destabilizing and closing schools would be traumatic for the students and families in these communities. Redirecting federal funds would also bypass Tribal governance and oversight, particularly in the case of the nearly 70% of BIE-funded schools that are Tribally-Controlled Schools.  

As you know, the U.S. government has both trust and treaty responsibilities to provide Tribal education services. The BIE administers funding for hundreds of schools and programs that are vital to meeting the Federal government’s obligations to Tribes—obligations that in many cases predate both the Department of the Interior and the Department of Education. Congress has laid out a detailed system for funding this trust and treaty responsibility in P.L. 95-561 and P.L. 100-297. The proposed lump-sum voucher system stands in direct violation of these statutes.  

Congress has also already worked with Tribes to place school choice into the hands of Tribal communities through the Tribally Controlled Schools Act (P.L. 100-297), which President Reagan signed into law in 1988. We again urge you to review sections (a) through (d) of the Act, which clearly state that “Congress declares that a national goal of the United States is to provide the resources, processes, and structure that will enable tribes and local communities to obtain the quantity and quality of educational services and opportunities that will permit Indian children— (1) to compete and excel in areas of their choice; and (2) to achieve the measure of self-determination essential to their social and economic well-being.” In the words of the National Indian Education Association’s January 30, 2025, letter to you: “These schools are our schools of choice.” 

BIE-funded schools are the schools of choice for Tribes and students because they reflect the cultures, languages, traditional belief systems, and priorities of the communities that other educational options cannot provide. These schools often provide critical support services for the most vulnerable in their community, such as housing, meals, and internet access. And they serve as community centers for sporting and cultural events in rural areas where there are few other options. That is why, time and time again, Tribal leaders, educators, parents, and students have affirmed the importance of BIE programs and the need to increase—not decrease—funding for them. 

The proposed educational restructuring of the BIE and tribal school programs into a voucher system was not requested by Tribes, is not supported by Tribal nations pursuant to your consultation, and is a clear violation of federal law. We again urge you to abandon efforts to implement the voucher system and ensure that tribal education and BIE programs are fully funded, as appropriated by Congress. Further, we welcome your team to visit many of these BIE schools and learn more on their position on why this proposal is not fitting for the demographics being served.