White House Initiative on Advancing Educational Equity, Excellence, and Economic Opportunity for Native Americans and Strengthening Tribal Colleges and Universities
| Published date | 14 October 2021 |
| Citation | 86 FR 57313 |
| Record Number | 2021-22588 |
| Section | Presidential Documents |
| Court | Executive Office Of The President |
Federal Register, Volume 86 Issue 196 (Thursday, October 14, 2021)
[Federal Register Volume 86, Number 196 (Thursday, October 14, 2021)]
[Presidential Documents]
[Pages 57313-57318]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-22588] Presidential Documents
Federal Register / Vol. 86 , No. 196 / Thursday, October 14, 2021 /
Presidential Documents
[[Page 57313]]
Executive Order 14049 of October 11, 2021
White House Initiative on Advancing Educational
Equity, Excellence, and Economic Opportunity for Native
Americans and Strengthening Tribal Colleges and
Universities
By the authority vested in me as President by the
Constitution and the laws of the United States of
America, it is hereby ordered as follows:
Section 1. Policy. The United States has a unique
political and legal relationship with federally
recognized Tribal Nations, as set forth in the
Constitution of the United States, statutes, treaties,
Executive Orders, and court decisions. The Federal
Government is committed to protecting the rights and
ensuring the well-being of Tribal Nations while
respecting Tribal sovereignty and inherent rights of
self-determination. In recognition of that commitment
and to fulfill the solemn obligations it entails,
executive departments and agencies (agencies) must help
advance educational equity, excellence, and economic
opportunity for Native American students, whether they
attend public schools in urban, suburban, or rural
communities; are homeschooled; attend primary and
secondary schools operated or funded by the Bureau of
Indian Education (BIE) of the Department of the
Interior; or attend postsecondary educational
institutions, including Tribal Colleges and
Universities (TCUs).
For more than a century, the United States imposed
educational policies designed to assimilate Native
peoples into predominant United States culture that
devastated Native American students and their families.
Beginning with the Indian Civilization Act of 1819, the
United States enacted laws and implemented policies
establishing and supporting Indian boarding schools
across the Nation. From 1871 onward, federally run
Indian boarding schools were used to culturally
assimilate Native American children who were forcibly
removed from their families and communities and
relocated to distant residential facilities where their
Native identities, languages, traditions, and beliefs
were forcibly suppressed. The conditions in these
schools were usually harsh, and sometimes abusive and
deadly. Although these policies have ended, their
effects and resulting trauma reverberate in Native
American communities even today, creating specific
challenges that merit Federal attention and response.
During the global COVID-19 pandemic, Tribal Nations
raced to protect Tribal members and their way of life.
Tribal elders are often the keepers of Tribal culture
and are critical for the preservation of Native
languages, as the vitality of Native culture is
inseparably tied to Native languages. Accordingly, my
Administration is committed to supporting preservation
and revitalization of Native languages. This includes
honoring the vibrancy, importance, and strength of
Native languages and the traditions, values, and
cultural practices that accompany them.
In addition, the COVID-19 pandemic has amplified long-
standing educational inequities that disproportionally
affect Native American communities and burden Native
American students. In particular, Native American
children face significant learning disruption as the
digital divide and lack of educational resources put
remote learning out of reach for too many. Native
American students experienced the greatest decline in
undergraduate enrollment in higher education from 2020
to 2021 compared to other student groups. These
inequities compound the effects of other disparities
faced by Native American women and girls in particular.
The spike in gender-
[[Page 57314]]
based violence during the COVID-19 pandemic has
intensified safety concerns for Native American women
and girls, who were already victimized at higher rates
than other women in the United States.
The Federal Government must put strong focus on early
childhood and K-12 educational opportunities. These are
important to developing and strengthening Native
American communities, and they set the stage for
educational advancement and career development,
including opportunities to attend TCUs.
TCUs also merit focused attention, as these
institutions are integral and essential to Tribal
communities. Their foundation, tradition, and mission
are unique, and their cultural grounding is invaluable
to providing high-quality education and successful
outcomes for Native American students. TCUs fulfill a
vital role in maintaining and preserving irreplaceable
Native languages and cultural traditions; in promoting
excellence in Native American education from early
childhood through primary and secondary education, into
postsecondary education, and throughout graduates'
careers; in offering an entry point for a career in
academia, strong technical and trade school
opportunities, job training, and other career-building
programs to Native Americans; and in supporting Tribal
economic development efforts by building and
strengthening a highly skilled Native American
workforce. Often, they are the only postsecondary
institutions within some of our Nation's most
economically disadvantaged and rural areas. As a
result, TCUs provide crucial employment opportunities
and services in communities that continue to suffer
high rates of unemployment and resulting social and
economic distress. The Federal Government therefore
reaffirms and strengthens our commitment to Native
American communities by investing in TCUs to support
their continued growth and success.
It is the policy of my Administration to advance
equity, excellence, and justice in our Nation's
education system and to further Tribal self-governance,
including by supporting activities that expand
educational opportunities and improve educational
outcomes for all Native American students. My
Administration will help expand opportunities for
Native American students to learn their Native
languages, histories, and cultural practices; promote
indigenous learning through the use of traditional
ecological knowledge; and enhance access to complete
and competitive educations that prepare Native American
students for college, careers, and productive and
satisfying lives. This includes supporting educational
opportunities for students attending TCUs, given the
unique advantages those institutions provide. My
Administration is further committed to ensuring all
Native American students have the ability to pursue
careers that provide economic security for themselves
and their families, including Native American women,
who currently, on average, earn just 60 cents to every
dollar earned by White men. To these ends, my
Administration will collaborate with Tribal Nations to
collect better data on educational attainment gaps
faced by Native American students to help deepen
understanding of these gaps, including barriers to
workforce participation, and inform solutions.
Sec. 2. White House Initiative on Advancing Educational
Equity, Excellence, and Economic Opportunity for Native
Americans and Strengthening Tribal Colleges and
Universities. (a) To advance equity in our Nation's
schools, to promote the economic opportunity that
follows it, and to fulfill our commitment to furthering
Tribal sovereignty, there is established in the
Department of Education the White House Initiative on
Advancing Educational Equity, Excellence, and Economic
Opportunity for Native Americans and Strengthening
Tribal Colleges and Universities (Initiative), of which
the Secretary of Education, the Secretary of the
Interior, and the Secretary of Labor shall serve as Co-
Chairs. The Secretary of Education shall, in
consultation with the other Co-Chairs of the
Initiative, designate an Executive Director for the
Initiative (Executive Director). The Executive Director
shall co-chair the Education Committee of the White
House Council on Native
[[Page 57315]]
American Affairs (WHCNAA), established by Executive
Order 13647 of June 26, 2013 (Establishing the White
House Council on Native American Affairs).
(b) The Initiative shall consult and collaborate
with Tribal Nations; Alaska Native Entities; TCUs; and
State, Tribal, and local educational departments and
agencies to advance educational equity, excellence, and
economic opportunity for Native Americans by focusing
on the following policy goals:
(i) increasing the understanding of systemic causes of educational
challenges faced by Native American students and working across agencies to
address those challenges;
(ii) supporting and improving data collection related to Native American
students and the implementation of evidence-based strategies to increase
the participation and success of Native American students in all levels of
education and prepare them for careers and civic engagement;
(iii) increasing the percentage of Native American children and families
who participate in high-quality early childhood programs and services that
promote healthy development and learning, prepare Native American children
for success in school, and affirm the cultural and linguistic identity of
Native American children;
(iv) ensuring that all Native American students have access to excellent
teachers, school leaders, and other professionals, including by supporting
efforts to improve the recruitment, preparation, development, and retention
of qualified, diverse teachers, school leaders, and other professionals who
understand Native American students' lived experiences and can effectively
meet their students' academic, social, and emotional needs, particularly in
partnership with TCUs;
(v) breaking down barriers that impede the access of higher education
institutions that serve Native American students, such as TCUs, to Federal
funding, and strengthening the capacity of those institutions to
participate in Federal programs and partnerships;
(vi) ensuring that the unique indigenous, cultural, educational,
traditional ecological knowledge, and Native language needs of Native
American students are met;
(vii) exploring policies to expand and support career and technical
education, job training, and other career-building programs for Native
American students and workers; and
(viii) furthering Tribal sovereignty by supporting efforts to build the
capacity of Tribal educational agencies and TCUs to provide high-quality
education services to Native American students.
(c) In working to fulfill its mission and
objectives, the Initiative shall, consistent with
applicable law:
(i) engage in regular, meaningful, and robust consultation with Tribal
Nations regarding Native American education and related issues, in
accordance with the Presidential Memorandum of January 26, 2021 (Tribal
Consultation and Strengthening Nation-to-Nation Relationships);
(ii) identify and promote evidence-based best practices that can provide
Native American students with a rigorous and well-rounded education in safe
and healthy environments, as well as access to support services, that will
improve their educational, professional, economic, and civic opportunities;
(iii) advance and coordinate efforts to ensure equitable opportunities for
Native American students in the wake of the COVID-19 pandemic, including
recovering learning losses and addressing other challenges--academic,
financial, social, emotional, mental health, or career development--brought
on or exacerbated by the COVID-19 pandemic;
(iv) encourage and develop Federal partnerships with public, private,
philanthropic, and nonprofit entities to improve access to educational
equity, excellence, and economic opportunity for Native Americans;
[[Page 57316]]
(v) monitor and support the development, implementation, and coordination
of Federal Government educational, workforce, research, and business
development policies, programs, and technical assistance designed to
improve outcomes for Native Americans;
(vi) create opportunities for strategic partnerships among agencies and
work closely with the Executive Office of the President on key
Administration priorities related to Native Americans;
(vii) serve as a liaison with other agencies on Native American issues,
advise those agencies on how they might help to promote Native American
educational opportunities, and track their success in doing so; and
(viii) advise the Co-Chairs of the Initiative on issues of importance and
policies relating to educational equity, excellence, and economic
opportunity for Native American students.
(d) To facilitate partnership among agencies to
advance educational equity, excellence, and economic
opportunity for Native American students, the Executive
Director shall work with the Director of the BIE, the
Commissioner of the Administration for Native Americans
(ANA) of the Department of Health and Human Services,
and the Director of the Indian Health Service (IHS) of
the Department of Health and Human Services to develop
a separate Memorandum of Agreement (MOA) between the
Initiative and each of these entities that will take
advantage of each agency's expertise, resources, and
facilities. Each MOA shall be completed within 180 days
of the date of this order, and each shall address how
the BIE, ANA, and IHS, respectively, will collaborate
with the Initiative in carrying out the policy set
forth in section 1 of this order, as appropriate and
consistent with applicable law.
(e) Each agency with representation on the WHCNAA
Education Committee shall prepare a plan (Agency Plan)
outlining measurable actions the agency will take to
advance educational equity, excellence, and economic
opportunity for Native American communities, including
the agency's plans to implement the policy goals and
directives outlined in subsection (b) of this section,
and other relevant work, in consultation with the
Executive Director. These Agency Plans shall be
submitted to the Co-Chairs of the Initiative on a date
the Co-Chairs shall establish.
(i) Each agency with representation on the WHCNAA Education Committee shall
assess and report to the Co-Chairs of the Initiative on a regular basis, as
established by the Co-Chairs of the Initiative, regarding its progress in
implementing its Agency Plan.
(ii) The Initiative shall monitor and evaluate each agency's progress
towards the goals established in its Agency Plan and shall coordinate with
the agency to ensure that its Agency Plan includes measurable and action-
oriented goals.
(f) The Department of Education shall provide
funding and administrative support for the Initiative,
to the extent permitted by law and subject to the
availability of appropriations.
(g) To further shared priorities and policies that
advance educational equity, excellence, and economic
opportunity for underserved communities, the Initiative
shall collaborate and coordinate with other White House
initiatives related to educational equity, excellence,
and economic opportunity.
(h) The Initiative shall collaborate, as
appropriate and consistent with applicable law, with
other organizations and entities, including: Urban
Indian Organizations; governing bodies of Tribal
Nations on Federal and State reservations; State-
recognized Tribes; Native Hawaiian and Native American
Pacific Islander organizations; and other Native
American groups that seek to advance educational
equity, excellence, and economic opportunity for Native
American students, families, and communities in the
United States.
(i) No later than 1 year after the date of this order and annually
thereafter, the Co-Chairs of the Initiative shall report to the President
on the Initiative's progress in carrying out its mission and objectives
under this order.
[[Page 57317]]
Sec. 3. National Advisory Council. The Department of
Education's National Advisory Council on Indian
Education (NACIE), comprised of members appointed by
the President under section 6141 of the Elementary and
Secondary Education Act of 1965 (ESEA), 20 U.S.C. 7471,
shall serve as the advisory council for the Initiative
and shall report to the Initiative, through and as
requested by the Executive Director. To the extent
appropriate and consistent with applicable law, the
NACIE shall include members from across the education
spectrum, including members who can provide specific
expertise on issues concerning TCUs and other Native
American-serving institutions, K-12 and early childhood
education, special education, and vocational education.
(a) In addition to and consistent with the duties
set forth in section 6141(b)(1) of the ESEA, the NACIE
shall, in consultation with the Initiative, advise the
Co-Chairs of the Initiative on:
(i) what is needed for the development, implementation, and coordination of
educational programs and initiatives to improve educational opportunities
and outcomes for Native Americans;
(ii) how to promote career pathways for in-demand jobs for Native American
students, including registered apprenticeships as well as internships,
fellowships, mentorships, and work-based learning initiatives;
(iii) ways to strengthen TCUs and increase their participation in agency
programs;
(iv) how to increase public awareness of and generate solutions for the
educational and training challenges and equity disparities that Native
American students face and the causes of these challenges and disparities;
(v) approaches to establish local and national partnerships with public,
private, philanthropic, and nonprofit stakeholders to advance the policy
set forth in section 1 of this order, consistent with applicable law; and
(vi) actions for promoting, improving, and expanding educational
opportunities for Native languages, traditions, and practices to be
sustained through culturally responsive education.
(b) The NACIE and the Executive Director shall, as
appropriate and consistent with applicable law,
facilitate frequent collaborations between the
Initiative and Tribal Nations, Alaska Native Entities,
and other Tribal organizations.
(c) The Executive Director shall, in consultation
with the NACIE, address the NACIE's efforts pursuant to
subsection (a) of this section in the annual report of
the Initiative submitted to the President.
(d) The Department of Education shall provide staff
support for the NACIE.
Sec. 4. Administrative Provisions. (a) In carrying out
this order, the Secretary of the Interior, the
Secretary of Labor, and the Secretary of Education
shall study, collect information, and publish reports
on the education of Native American students.
(b) This order supersedes Executive Order 13592 of
December 2, 2011 (Improving American Indian and Alaska
Native Educational Opportunities and Strengthening
Tribal Colleges and Universities), which is revoked. To
the extent that there are other Executive Orders that
may conflict with or overlap with the provisions in
this order, the provisions in this order shall
supersede those other Executive Orders on these
subjects.
(c) The heads of agencies shall assist and provide
information to the Initiative, consistent with
applicable law, as may be necessary to carry out the
functions of the Initiative.
(d) Each agency shall bear its own expenses of
participating in the Initiative.
Sec. 5. Definitions. For the purposes of this order:
(a) ``Tribal Nation'' means an American Indian or
Alaska Native tribe, band, nation, pueblo, village, or
community that the Secretary of the Interior
acknowledges as a federally recognized tribe pursuant
to the Federally Recognized Indian Tribe List Act of
1994, 25 U.S.C. 5130, 5131.
[[Page 57318]]
(b) ``Alaska Native Entities'' includes ``Alaska
Native Corporations,'' which refer to village and
regional Alaska Native corporations organized in
accordance with the Alaska Native Claims Settlement Act
(ANCSA), as amended, 43 U.S.C. 1601, et seq., and the
12 regional nonprofit associations identified under
section 7 of ANCSA, 43 U.S.C. 1606, that provide many
social services for Alaska Natives, including those
related to education.
(c) ``Native American'' and ``Native'' mean members
of one or more Tribal Nations.
(d) ``Public school'' means a Head Start center or
a prekindergarten, elementary, or secondary school that
is predominantly funded through the Federal Government,
a State, a local educational agency, a Tribal Nation
government, or an Alaska Native Entity, including a
school operated directly by, through a contract with,
or a grant from the BIE, a Tribal Nation, or a State,
county, or local government.
(e) ``Tribal Colleges and Universities'' means
those institutions that are chartered under the
sovereign authority of their respective Tribal Nation
or by the Federal Government and that: qualify for
funding under the Tribally Controlled Colleges and
Universities Assistance Act of 1978, 25 U.S.C. 1801, et
seq., or the Navajo Community College Assistance Act of
1978, 25 U.S.C. 640a note; or are listed in section 532
of the Equity in Educational Land-Grant Status Act of
1994, 7 U.S.C. 301 note.
Sec. 6. General Provisions. (a) Nothing in this order
shall be construed to impair or otherwise affect:
(i) the authority granted by law to an executive department or agency, or
the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget
relating to budgetary, administrative, or legislative proposals.
(b) This order shall be implemented consistent with
applicable law and subject to the availability of
appropriations.
(c) This order is not intended to, and does not,
create any right or benefit, substantive or procedural,
enforceable at law or in equity by any party against
the United States, its departments, agencies, or
entities, its officers, employees, or agents, or any
other person.
(Presidential Sig.)
THE WHITE HOUSE,
October 11, 2021.
[FR Doc. 2021-22588
Filed 10-13-21; 11:15 am]
Billing code 3395-F2-P
