FEDERAL AND STATE LAW SUPPORT

FOR TRIBAL SOVEREIGNTY IN EDUCATION

Four Corners Counseling Connection
American Indian / Alaska Native Cultural
Awareness Training
Monument Valley, UT
October 23, 2015
Melody McCoy
Native American Rights Fund
www.narf.org

Tribal Sovereignty
Political entities
Rights, powers, authority to govern
Federal law limits
Unique
1

Treaties
1776 - 1871
Education in exchange for land
Indian Education is a Federal obligation
2

Allotment and Assimilation

1871 1934
Unilateral, forced
Boarding schools

Reorganization
1920s 1930s
Tribe governments re-allowed
U.S. citizenship
State public schools
4

Termination
1940s 1950s
Federal obligations ended or reduced ended
State governance extended
Impact Aid program
5

Self-Determination
1960s present
Tribal contract & grant schools & programs
Tribal colleges & universities
State public schools & BIE-funded
schools
6

Tribal Education Agencies

3 separate federal funding authorizations
BIE $2 million for FY 2015
2 pilot programs: U.S. Interior &
Education Depts
Navajo, Hopi, Acoma, Santa Clara,
Gila River, Tohono OOdham
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> 200 TEAs in 32 states

State Laws re Native Languages

W
A
OR

MT
ID

NV

AZ

W
Y

N
M

AK

ND
SD

M
N

WI

NE

OK

8
HI

State Laws re Tribal Education Agencies

W
A

MT
WI

N
M

OK

State Laws re Tribal Education Compacts

Washington
(2013)

10

Arizona
Indian Education Act (2006)
Indian Education Office, Advisory Council,
Annual Report
http://www.azed.gov/indian-education/
Native American history required
Native exemptions for ethnicity,
language, & culture
Tribes can certify language teachers

11

Colorado
Native language courses may count for credit
State approves Native language & culture
teachers
Executive Order re Mascot Impact
https://
www.colorado.gov/pacific/governor/2015-ex
12
ecutive-orders

New Mexico
Indian Education Act (2003)
Indian Education Division, Advisory Council,
Annual Report
http://ped.state.nm.us/ped/IEDindex.html
Tribal history and government curricula &
instruction
Culturally responsive teaching

13

Utah
State Board of Education
MOU with Navajo Nation
re student data sharing
Teachers resource site,
://www.uen.org/indianed/

http

http://
www.schools.utah.gov/fsp/Indian-Educat
ion/AdvisoryCommittee.aspx

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