Transcript of Meeting

Meeting July 30, 2019 Page 1 1 UNITED STATES DEPARTMENT OF THE INTERIOR 2 OFFICE OF THE SECRETARY 3 _________________________________________________________ 4 TRIBAL CONSULTATION PART 30 5 BUREAU OF INDIAN EDUCATION STANDARDS, ASSESSMENTS, AND ACCOUNTABILITY SYSTEM 6 NEGOTIATED RULEMAKING COMMITTEE MEETING 7 ________________________________________________________ 8 9 TRANSCRIPT OF MEETING 10 _________________________________________________________ 11 BE IT REMEMBERED THAT THE ABOVE ENTITLED MEETING 12 WAS HELD ON TUESDAY, JULY 30, 2019, 13 at 8:30 A.M., 14 at 11110 CONINE AVENUE SOUTHEAST, 15 OLYPMIA, WASHINGTON, 98513. 16 17 18 APPEARANCES: 19 TRAVIS CLARK, DEPARTMENT OF THE INTERIOR, 20 MODERATOR; DR. JEFFREY HAMLEY; DR. TAMARAH PFEIFFER; 21 MR. BRYAN HEMBERG; BRIAN QUINT 22 23 WHEREUPON, THE FOLLOWING PROCEEDINGS WERE HAD: 24 25 www.CapitalReportingCompany.com 202-857-3376 Meeting July 30, 2019 Page 2 1 (Meeting begins at 8:30 a.m.) 2 MR. CLARK: Thank you, everybody, for being 3 here this morning. My name is Travis Clark. I work 4 for Director Dearman in the BIE central office in 5 Washington, DC. Thank you for coming. 6 We've been going through negotiated 7 rulemaking with the committee, and now we're out for 8 our tribal consultations. And just kind of to set the 9 tone for today, you know, we are very much in 10 listening mode today. 11 We're going to have two presentations here at 12 the beginning: One given by Mr. Bryan Hemberg, which 13 is setting the context for the rule. So he's just 14 going to do a broad overview of the Every Student 15 Succeeds Act, kind of, laying some of that contextual 16 groundwork for the actual rule itself. 17 And then Dr. Tamarah Pfeiffer will be giving 18 a presentation over the activities of the rulemaking 19 committee, over their meetings this past year, the 20 proposed rule that is in the Federal register. 21 And then, really, we're here today to do two 22 things: We're going to answer questions that we can 23 answer. I will say some questions that we receive are 24 highly complex, and they -- it's just difficult to 25 give an off-the-cuff answer, but we will get you an www.CapitalReportingCompany.com 202-857-3376 Meeting July 30, 2019 Page 3 1 answer to every question. If they're simple, pretty 2 straightforward, you know, they're within the 3 wheelhouse of the expertise here at the table, we'll 4 give you a verbal answer right here. 5 For those that are really complex or just 6 need to research a little bit to make sure that the 7 answer that we're giving is accurate, we'll have to 8 provide that in a written format, you know, that's 9 researched, then that way we have 100 percent 10 assurances and accurate response to a question that we 11 receive. 12 But more importantly, we are here to present 13 the proposed rule. It is a proposed rule. And we're 14 seeking comment and input and feedback from Indian 15 Country how you want that rule changed, things that 16 you like about it, things that you don't like about 17 it, ways that you think that it can be improved. 18 We're seeking those comments so that we can make those 19 changes, make those substantive changes, to make it a 20 strong rule. 21 With that, I'd like to briefly go through the 22 table here and introduce you to the individuals here 23 from BIE and our colleagues with WestEd to give you a 24 little introduction to who they are. 25 MR. HAMLEY: Good morning, everyone. www.CapitalReportingCompany.com 202-857-3376 Meeting July 30, 2019 Page 4 1 Jeff Hamley, Associate Deputy Director, division of 2 performance accountability in the BIE. I also lead 3 the negotiator on behalf of the government on the 4 committee. 5 DR. PFEIFFER: Tamarah Pfeiffer, (Words 6 spoken in a tribal language.) I'm coming from the 7 acting chief academic office with Bureau of Indian 8 Education. 9 MR. HEMBERG: Good morning, everyone. My 10 name is Bryan Hemberg. I'm with a company called 11 WestEd based out of San Francisco, California. And 12 I've been supporting the BIE Negotiated Rulemaking 13 Committee with content and information about 14 Standards, Assessment, and Accountability under the 15 Every Student Succeeds Act. 16 MR. QUINT: Good morning. My name is 17 Brian Quint. I'm an attorney advisor with the Office 18 of the Solicitor with the Department of the Interior. 19 I've been providing support to both the Bureau of 20 Indian Education and the Negotiated Rulemaking 21 Committee throughout this process. 22 MR. CLARK: Thank you. Just a real quick 23 reminder. So as a public hearing, as a formal tribal 24 consultation, everything that's going to be spoken 25 today is on the record. www.CapitalReportingCompany.com 202-857-3376 Meeting July 30, 2019 Page 5 1 And just to give you an idea of why we're 2 doing that. So, again, we're here today to hear the 3 feedback and input that you want, the changes that you 4 want to make, the things that you like, that you don't 5 like. 6 Part of this process is gathering all of this 7 feedback and comments and then doing an analysis, a 8 very intensive analysis after that and saying, hey, we 9 received 20 comments on this section and so we need to 10 change this section, we received comments on that 11 section. 12 In order to do that, we need to have an 13 accurate record of who made which comments when. So 14 when we get to the question and answer section, and 15 when we're having that dialogue with you, I'm going to 16 float around, feed the mic to whomever wants to make a 17 statement for the record or has a question. 18 However, in order to make sure that it's an 19 accurate record, we have the court reporter here 20 today, she's taking down everything that's said 21 verbatim. And it's going to seem really redundant, 22 but every time you speak, even if you speak 20 23 different times, for the sake of the record we need 24 you to state your name, your title, and whom you're 25 representing here today, so that we know whether www.CapitalReportingCompany.com 202-857-3376 Meeting July 30, 2019 Page 6 1 you're a tribal leader, a parent, a student, whomever. 2 Whomever you're representing, we just need to have 3 that recorded in the record so that, you know, a few 4 weeks from now when we're doing that analysis, we know 5 when we're going through the record, okay, so and so 6 made this statement, so and so didn't make that 7 statement. So it's just very important. 8 And I might remind folks later. Apologies in 9 advance. I'm not meaning to be rude at all. We just 10 need to make sure that we have that accurate record so 11 that when they're doing that first consultation 12 analysis they know who made which statements. 13 So again, just those three things: Your name 14 for the record each time before you speak, your title, 15 and who you're here representing. Okay. 16 So with that, I'm going to give it over to 17 Mr. Brian Quint. He's just going to give a quick 18 overview of the rulemaking process and do some of the, 19 I guess, the logistical -- the last of the logistical 20 things with regard to the negotiated rulemaking. 21 MR. QUINT: Thank you. Good morning. Once 22 again, my name is Brian Quint. 23 So as you're aware, the Elementary and 24 Secondary Education Act in 1965 was reauthorized and 25 amended in December of 2015. Section 8204 of the www.CapitalReportingCompany.com 202-857-3376 Meeting July 30, 2019 Page 7 1 Every Student Succeeds Act, which we authorized and 2 amended the ESEA, required the Department of the 3 Interior to undergo and negotiate a rulemaking 4 process, develop the rules for how the department 5 would be establishing requirements for Standards, 6 Assessments, and Accountability System at BIE funded 7 schools. 8 We began that process -- well, we'll see the 9 timeline, but I believe it was 2017 when we finally 10 officially started the committee. The committee met 11 four times in person. The committee members divided 12 themselves up in the task areas, the Standards, 13 Assessments, and Accountability System, Tribal 14 Waivers. 15 In addition to the in-person meetings, they 16 also met several times by teleconference in 17 subcommittee to discuss different aspects of what the 18 Elementary and Secondary Education Act requires. And 19 our colleague, Mr. Hemberg, is going to talk a little 20 bit more about that in a moment. 21 And so, as Travis mentioned, we are out here 22 to hear from all of you now. You can also provide 23 comments online after you've had a chance to go home 24 and think about everything you've heard here. 25 And so, the next step is -- the comments are www.CapitalReportingCompany.com 202-857-3376 Meeting July 30, 2019 Page 8 1 due by August 9th. And the next step is that, as 2 Travis said, we're going to go back and we're going to 3 look at all the comments.

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