The Navajo Nation (Nation) and the Board of Directors of Shiprock Alternative Schools, Inc. (SASI) (collectively “Appellants”) appeal from a September 26, 2003, decision by the Principal Deputy Assistant Secretary – Indian Affairs (PDAS) and the Office of Indian Education Programs, Bureau of Indian Affairs (BIA). The PDAS refused to consider and approve a proposed grant
amendment from SASI, submitted pursuant to the Tribally Controlled Schools Act (TCSA), 25 U.S.C.A. §§ 2501 – 2511 (Supp. 2004), to expand SASI’s grant activities to include administration of the Kayenta Community School (Kayenta school), in Kayenta, Arizona, on the Navajo Reservation. A previous grant to the Kayenta Community School Board, Inc. (Kayenta School
Board) had expired and the Nation did not reauthorize that entity to operate the Kayenta school. Following the September 26 decision, BIA took over administration of the Kayenta school.
