Federal Law Principles of Tribal Sovereignty Tribes are separate sovereign governments Tribal sovereignty generally extends over tribal territory Tribal sovereignty is inherent but subject to limitation by Congress

Federal Indian Policy and Indian Education The Treaty Era ( ) –tribal land exchanged for federal protection from state jurisdiction over reserved lands formal education provided by religious denominations and federal government The Allotment and Assimilation Era ( ) –much of remaining tribal lands taken and opened up –federal Indian schools and beginning of transfer of Indian education to state public schools The Modern Era ( present) –Indian Reorganization and Self-Determination –continued transfer of Indian education to states –beginning of some regain of tribal control over education

Highlights of the Modern Era with respect to education The 1960s, 1970s, and 1980s Elementary and Secondary Education Act of 1965 – Title I and Title III programs Indian Education Act 1972 – Formula Grant program Indian Self-Determination and Education Assistance Act of 1975 – BIA-funded schools and contract programs (JOM) 1978 ESEA Reauthorization – Impact Aid, IEA, BIA-funded schools 1984 ESEA Reauthorization 1988 ESEA Reauthorization

Highlights... education (continued) The 1990s and 21 st Century Native American Languages Acts of 1990 and 1992 Indian Nations at Risk Report (1991) and White House Conference on Indian Education Report (1992) 1994 ESEA Reauthorization Executive Order No (1998) 2001 ESEA Reauthorization (NCLB) Executive Order No (2004)

Picture of Indian Education 500,000 elementary and secondary tribal students 90 % attend state public 560 federally recognized tribes over 110 Tribal Education 190 schools operated by BIA or Tribes over 30 tribal colleges & universities nationwide, federal funding 10% of all funding spent on elementary and secondary education. Indian education funding is a fraction of that 10%