Navajo Nation v. Azar

292 F. Supp. 3d 508
CourtCourt of Appeals for the D.C. Circuit
DecidedFebruary 28, 2018
DocketCivil Action No. 18–0253 (DLF)
StatusPublished
Cited by14 cases

This text of 292 F. Supp. 3d 508 (Navajo Nation v. Azar) is published on Counsel Stack Legal Research, covering Court of Appeals for the D.C. Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Navajo Nation v. Azar, 292 F. Supp. 3d 508 (D.C. Cir. 2018).

Opinion

DABNEY L. FRIEDRICH, United States District Judge

Before the Court is the Plaintiff's Motion for a Preliminary Injunction. Dkt. 2. For the following reasons, the Court will deny the motion and order the parties to propose an expedited schedule for resolving this case on its merits.

I. BACKGROUND

Under the Head Start Act, the U.S. Department of Health and Human Services ("HHS") provides grants to tribes that implement Head Start and Early Head Start programs for young children and their families. 42 U.S.C. § 9831 et seq. ; Compl. ¶ 1, Dkt. 1. Qualified organizations can receive grants for up to 80% of Head Start program costs. 42 U.S.C. § 9835(b). The grants are administered by a division of HHS, the Administration of Children and Families ("ACF"). Compl. ¶ 2.

The plaintiff, the Navajo Nation, is a federally recognized Indian tribe whose *510reservation spans parts of Arizona, New Mexico, and Utah. Id. ¶ 11. It runs Head Start and Early Head Start programs to provide education services to its young members and residents and their families. Id. ¶ 1. The programs are funded primarily by an ACF-administered federal grant, No. 90C19889 ("the Grant"), which is at the center of this case. Id. ¶ 2; Aff. of Dr. Elvira Bitsoi ("Aff.") Dkt. 3-1. The Grant's budgetary period, or fiscal year, starts on March 1 each year and runs through February of the next year. Compl. ¶ 17. The Navajo Nation must submit an annual renewal application for the Grant, which is due on December 1 before the new fiscal year starts. Id. ¶ 18. Pursuant to the Grant in recent fiscal years, the Navajo Nation has received $23,075,043 annually. Id. ¶ 3.

Under the Head Start Act, however, grants are not static from year to year. The Act provides specific procedures for adjusting grants to Head Start programs that suffer from chronic under-enrollment, as Navajo Head Start does. Grantees must self-report enrollment each month, 42 U.S.C. § 9836a(h)(2), and HHS must conduct a semiannual review to determine which grantees have been under-enrolled for four consecutive months, id. § 9836a(h)(3). HHS and each under-enrolled grantee must then develop a plan and timetable for reducing under-enrollment, and the grantee "shall immediately implement the plan." Id. § 9836a(h)(3), (4). If the grantee does not reach at least 97% enrollment within twelve months, HHS may designate the grantee as chronically under-enrolled and "recapture, withhold, or reduce" the base grant by a percentage calculated as the difference between funded and actual enrollment. Id. § 9836a(h)(5)(A). Also, HHS may waive or decrease the adjustment in specified circumstances. Id. § 9836a(h)(5)(B). If HHS adjusts funding for an Indian Head Start program, HHS must redistribute the resulting funds to other Indian Head Start programs by the end of the following fiscal year. Id. § 9836a(h)(6).

HHS followed these statutory procedures to adjust the Navajo Grant for fiscal year 2018, which will run from March 1, 2018 to February 28, 2019. Decl. of Angie Godfrey ("Decl.") ¶¶ 7-13, Dkt. 11-1. Although HHS stated in early September that the Grant would not change for fiscal year 2018, see Compl. ¶ 19, the agency changed course a few weeks later. By letter on September 26, 2017, HHS informed the Nation that HHS had decided to reduce the Grant to $15,766,194 for fiscal year 2018, based on an enrollment level of 1,396 students in Navajo Head Start, not the previously funded enrollment of 2,068 Head Start students. Decl. Ex. E, Dkt. 11-2 at 14-15. Despite implementing the 12-month remediation plan required by the Head Start Act, the Nation had been unable to achieve or maintain its funded enrollment of 2,068 Head Start students; the reduction by 672 students "represented the average number of vacant slots over a 12 month period." Decl. ¶ 14; see also Decl. Ex. A, Dkt. 11-2 at 1 (listing reported enrollment for each month since March 2015).1 In additional letters on October 5, November 22, and December 4, 2017, HHS reiterated that the Grant would be $15,766,194 for fiscal year 2018. See Decl. Exs. F, I, & J, Dkt. 11-2 at 16, 25, 27. The letter of December 4 stated that, if the Navajo Nation submitted a funding application *511for a higher figure, HHS would "return the application as unfundable and request a revised application for the correct funding and enrollment levels." Id. ¶ 22.

The Navajo Nation's funding application for fiscal year 2018 was due on December 1, 2017, but the Nation received a 45-day extension. Id. ¶ 23. The application was submitted on January 12, 2018, but it again requested the prior funding level of $23,075,043.

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292 F. Supp. 3d 508, Counsel Stack Legal Research, https://law.counselstack.com/opinion/navajo-nation-v-azar-cadc-2018.