Manual for Chief State School Officers
and State Education
On American Indian and Alaska Native
Tribal Sovereignty, Federal Education Programs for Tribal Students,
and Tribal Education Departments
Prepared by the Tribal
Education Departments National Assembly (TEDNA)
with assistance from the Native American Rights Fund.
Pages: v, 57 p. ; 28 cm.
Published: © September 2006
Members of TEDNA (in
good standing for fiscal year 2007) will receive two
complimentary copies of the manual, and additional
copies may be purchased for $20.00.
With an appendix
including A Model Protocol for State Education Agencies
to Address Education Issues on a Government-to-Government Basis
with Tribal Governments/Tribal Education Departments.
PART ONE: INTRODUCTION
A. The CCSSO [Council for Chief State School Officers], TEDNA
[Tribal Education Departments National Assembly], and NARF [Native American
B. Purpose of this Manual
C. Background of Development of the Manual
D. Overview of Manual: Organization and Contents
PART TWO: TWENTY FREQUENTLY ASKED QUESTIONS AND BRIEF ANSWERS
1. What is meant by the term "Tribal sovereignty?"
2. What is meant by the term "tribal governments"?
3. What is meant by the term "tribal leaders"?
4. What is the political relationship of tribal governments with the federal
5. What is the political relationship of tribal governments with the state governments?
6. What impact has Tribal sovereignty had on the education of tribal students,
including students in the state public schools?
7. Why are there so many different federal Indian education programs?
8. What is the relationship between the Office of Indian Education in the U.S.
Department of Education and the Bureau of Indian Education / Office of Indian
Education Programs in the U.S. Department of the Interior?
9. What is meant by the term "Indian (or Native) educators"?
10. What are Tribal Education Departments (TEDs) and what exactly do TEDs do?
11. Why and how should TEDs be involved in state public school education?
12. Why do some Tribes have Tribal Education Codes and what do the Codes mean
for the public schools?
13. What are "Bureau of Indian Affairs (BIA)-funded" schools?
14. Are BIA-funded schools subject to state laws?
15. What are TEDs doing to help BIA-funded schools?
16. What are TEDs doing in areas of educational research and planning, curriculum
development, and teacher training?
17. Why do some states have Indian Education Offices, Divisions, Programs, etc.?
18. What is the relationship of State Indian Education Offices, Divisions, Programs,
etc., to TEDs?
19. How can SEAs benefit from working with TEDs; or, How can TEDs help SEAs and
LEAs help tribal students?
20. Are there any good examples of state-tribal government-to-government relationships
in education, or SEA-TED working partnerships?
PART THREE: DISCUSSION
A. A Brief History of Federal Indian Education Law and Policy
1. The Treaty Era (1776 – 1871)
2. The Allotment and Assimilation Era (1871-1934)
3. The Indian "New Deal" Era (the 1920s and 1930s)
a. The Meriam Report
b. The Indian Reorganization Act and the Johnson O'Malley Act
4. The Termination Era (the 1940s and 1950s)
5. The Indian Self-Determination Era (the 1960s – present)
a. The Elementary and Secondary Education Act
b. The Kennedy Report
c. The Indian Education Act
d. 1974 Changes
e. The Indian Self-Determination and Education Assistance Act
f. The Late 1970s
g. The 1980s
h. The 1990s
i. The Twenty-First Century
B. Selected Federal Indian Education Programs Today
1. U.S. Department of Education Programs
a. Title I
b. Title III
c. Title IV
d. Title VII
e. Title VIII
2. U.S. Department of the Interior Programs
a. Johnson O'Malley
b. BIA-Funded Schools
3. Other Federal Agency Education Programs
C. Tribal Sovereignty and Elementary and Secondary Education, Including the State
1. Direct Contracts and Grants
a. Johnson O'Malley Contracts
b. Indian Education Act Formula Grants
c. Indian Education Act Demonstration and Professional Development Grants
d. English Language Acquisition Grants
2. BIA-Funded Schools
a. BIA-Operated Schools
b. Tribal Contract Schools
c. Tribal Grant Schools
3. Other Rights and Roles of Tribes in Federal Education Programs
a. Set-Asides for BIA-Funded Schools in Titles I, III, IV, and VII
b. Title VIII Impact Aid Funding
4. Rights and Roles of Tribes under Federal and State Native Language Laws
a. The Native American Languages Acts of 1990 and 1992
b. No Child Left Behind Title III
c. State Laws
5. Other Instances of Tribal Sovereignty and State-Tribal Government-to-Government
Relations in K-12 Education
a. State Laws about Teaching Tribal Sovereignty
b. Intergovernmental Agreements
D. Tribal Education Departments
1. Brief Summary of the Federal Law Provisions regarding TEDs
a. Indian Self-Determination and Education Assistance Act Grants
b. Authorization for Appropriations through the U.S. Department of the Interior
c. Authorization for Appropriations through the U.S. Department of Education
d. All NCLB Provisions
2. State Law Provisions regarding TEDs
c. New Mexico
3. TEDs' Roles Defined by Tribal Law
E. State Indian Education Offices, Divisions, and Programs
APPENDIX A: A MODEL PROTOCOL FOR STATE EDUCATION AGENCIES TO ADDRESS EDUCATION
ISSUES ON A GOVERNMENT-TO-GOVERNMENT BASIS WITH TRIBAL GOVERNMENTS / TRIBAL EDUCATION
III. Suggested Guiding Principles
IV. Suggested Steps for Resolution of Issues
APPENDIX B: REFERENCES AND RESOURCES
Order from the NARF online