This case was previously named Yellow Kidney v. MOPI.
Public school students, guardians of students, and Tribal governments filed suit against Montana’s education agencies for failing to teach children in public schools about Tribal Nations as required by the Montana constitution and statutes.
The Native American Rights Fund (NARF), American Civil Liberties Union-Montana (ACLU-MT), and American Civil Liberties Union (ACLU) proudly represent the individual plaintiffs and the Assiniboine and Sioux Tribes of the Fort Peck Reservation, Confederated Salish and Kootenai Tribes of the Flathead Reservation, Fort Belknap Indian Community, Little Shell Tribe of Chippewa Indians of Montana, Northern Cheyenne Tribe, and the Crow Tribe.
Background:
Montana is home to eight federally recognized Tribes and about 78,000 Native American individuals. For decades, many individuals and political leaders made huge strides in creating unique legal requirements and securing state funding to improve education by teaching all Montana public school students — Native and non-Native about Native Americans from the region.
It began in 1972, when Native American Indian from across the state traveled to Helena to testify at the Montana Constitutional Convention about the need to improve public school education for and about “Indians” in Montana. Over several months, the Montana legislators that were revising the state constitution heard about this issue.
Among the first to testify were two teenage students from the Fort Peck Indian Reservation: Mavis Joyce Scott Hernandez and Diana Lynne Leuppe. Their words made an impression on Bozeman Delegate Dorothy Eck. A month later, Eck referenced their testimony when she proposed adding a mandate for Montana public schools to teach all public school students about the unique heritage and cultures of the Indigenous people in the state. Other legislators recalled how then-Supervisor of Indian Education Earl J. Barlow (Blackfeet) had made a similar plea at an earlier Montana Constitutional Convention meeting.
In discussing the importance of a complete education for all Montanans, a few legislators expressed embarrassment at how their own public school education had taught them so little about the historic and present Tribal communities in the state. With a near unanimous vote, Eck’s proposed amendment became part of the state Constitution. Montana became the first — and as of this writing — the only state to constitutionally mandate the teaching of “Indian education” in public schools. Article X, Section 1, Educational goals and duties, of the Montana Constitution states: “The state recognizes the distinct and unique cultural heritage of the American Indians and is committed in its educational goals to the preservation of their cultural integrity.”
Unfortunately, in the 25 years that followed, state education agencies, boards and officials did not implement the constitutional mandate, or did not implement it very well. That reality ultimately lead Tribal leaders, educators, parents, students and activists to lobby the Montana Legislature for the state to make good on the constitutional promise to teach “Indian education” in public schools.
In 1999, the legislature enacted the Indian Education for All Act (IEFA), which requires state agencies and officials to implement the constitutional mandate. Notably, IEFA requires educational agencies and personnel to collaborate with Tribal Nations in the state to implement IEFA.
In spite of this major legislative victory, IEFA implementation remained minimal. To address those concerns, the state legislature began dedicating annual funding for IEFA implementation in 2007. Despite many years with more than $3.5 million of dedicated annual funding, IEFA implementation remained inconsistent and deficient statewide. Some schools taught Indian education, yet most did not. A few schools worked with Tribes, but most did not. Most importantly, the state agencies and officials charged with implementing IEFA did not fulfill their responsibilities to ensure compliance with the law. They did not require schools to report on whether and how they spend IEFA funding, nor whether the schools cooperated with Tribes.
According to state agency records, by the 2020s almost half of the dedicated funding for IEFA was unaccounted. Yet state agencies continued to distribute funding to schools year after year. In 2021, NARF, the ACLU, and ACLU-Montana represented students, families, and Tribal Nations in a in suing the state’s educational leadership over IEFA failures.
“The State of Montana has had nearly 50 years to figure this out,” says NARF Staff Attorney Melody McCoy, who worked in the area of Tribal education for more than 30 years. “One would think that would be enough time, but here we are having to go to court again to get it right.”
The Litigation:
July 2021: Lawsuit Filed
On July 22, 2021, Montana guardians of public school students, 18 students, and the Assiniboine and Sioux Tribes of the Fort Peck Reservation, Confederated Salish and Kootenai Tribes of the Flathead Reservation, Fort Belknap Indian Community, Little Shell Tribe of Chippewa Indians of Montana, and Northern Cheyenne Tribe filed a proposed class action lawsuit against the Montana Office of Public Instruction (MOPI), including Montana Superintendent of Public Instruction (SPI) Elsie Arntzen, the Montana Board of Public Education (MBPE), and Chairperson of the Montana Board of Public Education Darlene Schottle. “The Montana legislature passed the Indian Education for All Act in 1999 to ensure every state citizen had the opportunity to gain a basic understanding of local history and information about Native peoples in this region,” said the Confederated Salish and Kootenai Tribes Chairwoman Shelly R. Fyant. “We need state education administrators to create a system of accountability to ensure every educator teaches this subject in a way that preserves American Indians’ cultural integrity and to ensure the money Montanans voted to invest in Indian Education for All, benefits every student. Now more than ever, this quality education is needed in our state.”
NARF, ACLU, ACLU-MT represented the plaintiffs demanding the state deliver on its constitutional promise to improve Indian education in public schools. “Since Montana made this promise to citizens in 1972, thousands of students who have graduated from public schools have never received the innovative education promised in their Constitution and augmented by the Indian Education for All Act,” said NARF Staff Attorney Samantha Blencke. “The state has an obligation to implement and manage this public mandate and must live up to its legal obligations to do so.”
“Montana is the first and to date only state to constitutionally require the teaching of Indian education to all students in its public schools. That is a stunning testament to the people of Montana who are not getting what they voted for and what their public money is being allocated for. If we succeed in this lawsuit, going forward, that will change and the state agencies and officials charged with implementing the law finally will have to implement the law correctly and fully,” said McCoy.
Plaintiffs can envision how a properly implemented IEFA program could create immense positive change. “We want the children in our public schools to grow together with as much effort put towards understanding one another as possible,” said Amber Lamb of the Assiniboine and Sioux Tribes of the Fort Peck Indian Reservation. “It is important to be educated about historical elements that built the culture we are living in today. If we want a cohesive community, it is necessary to present details and truths about the lives of Indigenous people in order to work together to be a strong community. We want our schools to be safe places where all children feel accepted and open to learning together and about each other.”
Tribal Nations, along with students and their parents and guardians, filed the lawsuit so state agencies and officials will implement the constitutional and statutory mandates fully and consistently statewide. “I know that MOPI uploads some videos and content for teaching IEFA, however, there seems to be a break down between providing this information and teachers having and using what they need to teach students,” said lawsuit plaintiff Cammie DuPuis-Pablo (Confederated Salish and Kootenai Tribes), a parent of Montana public school students. “Teachers definitely need more support at the state level. MOPI needs to make sure that teachers have what they need, that schools stay on track, and that everyone is getting the IEFA curriculum right.”
The unique Montana provisions also offer opportunities for public school curricula to be developed with Tribal expertise and input. “Our people can share place names that date back 14,000 years. Songs, languages, and stories that have survived thousands of years have been entrusted with the current cultural leaders. Tribes can help schools embrace and apply this Tribal knowledge into various disciplines, including, for example, invaluable traditional practices of caretaking forests, waters, and landscapes that will improve resource management practices for future generations of all Montanans,” said Confederated Salish and Kootenai Tribes Chairwoman Shelly Fyant. “Many Tribal educators are excited about sharing this knowledge and insight on our own terms, of course! It’s a mystery as to why there’s any obstruction: the offer to share remains.”
“This lawsuit is needed to hold the state accountable for giving school districts and educators what they need to make the positive changes promised by the law for all Montana citizens, and making sure those changes are made” said McCoy.
NARF Staff Attorney Samantha Blencke agrees, “For many decades, educators, students, and families have waited for better Indian Education in the state. This lawsuit will ensure MOPI steps up and finally puts IEFA into motion the way generations of Montana visionaries have long hoped.”
April 2022: Crow Tribe Joins Lawsuit
On April 6, 2022, the Crow Tribe joined students, parents, guardians, and the Assiniboine and Sioux Tribes of the Fort Peck Reservation, Confederated Salish and Kootenai Tribes of the Flathead Reservation, Fort Belknap Indian Community, Little Shell Tribe of Chippewa Indians of Montana, the Northern Cheyenne Tribe, in the Yellow Kidney v. Montana Office of Public Instruction (MOPI lawsuit.
“When the Crow Tribe joined the case, we amended the complaint also to incorporate additional allegations of the harm occurring each day that the state agencies and officials fail to implement the state laws,” said NARF Staff Attorney Melody McCoy.
Montana parents and Tribes insist that the state responsibly implement and administer public education resources as mandated by law, which will benefit every public school student. “Native students in Missoula County schools experience incidents of cultural or racial bullying from classmates, which to me, always stems from the bullies having a lack of awareness, a lack of understanding, a lack of education about Tribes,” said plaintiff and parent of Montana public school students Cammie DuPuis (Confederated Salish and Kootenai Tribes). “If MOPI implemented the laws, we’d likely see reduced bullying and violence in school.”
April 2023: Motion to Dismiss Denied
On April 4, 2023, the Montana Eighth Judicial District Court issued a ruling from the bench in Yellow Kidney, et al. v. Montana Office of Public Instruction denying the state’s motion to dismiss the case. “In a rare turn of events, the court ruled from the bench, denying the state’s request to throw out our case,” said Alex Rate, ACLU Montana Legal Director. “This ruling demonstrates that this case has merit, and that Montana’s state educational agencies have a mandatory obligation to include Indian Education in public school curriculum.”
“Today’s ruling recognizes that Montana students deserve their day in court to prove their allegations that the State agencies are not abiding by the constitutional and statutory mandates,” said NARF Staff Attorney Melody McCoy. “There is little evidence of comprehensive, statewide compliance with the provisions being directed by state agencies and officials. The Montana Office of Public Instruction fails to require uniform reporting by school districts of their Indian education or monitor how the schools use Indian education funding.”
During the hearing, Rate argued that “if the State did its job, and required robust reporting, implementation and monitoring, and actually enforced the Indian Education provisions, then we would be looking at a different situation where we could actually identify schools that are not meeting their obligations. But because the State is taking the head in the sand approach, we are not currently at the point where we can do that. If the State actually guaranteed Indian Education, all Montana students would learn about American Indian identity and culture. And that culturally competent curriculum would manifest in the form of increased awareness, tolerance and mutual respect, and would decrease racism, ostracization and discrimination.”
October 2023: Montana K-12 public school students included in class action
On October 25, 2023, the Montana Eighth Judicial District Court certified Yellow Kidney v. Montana Office of Public Instruction (MOPI) as a class action lawsuit. The certified class includes all Montana K-12 public school system students, now and in the future, as plaintiffs in the lawsuit demanding accountability from state education agencies.
“Every student should receive the education promised to them in the state constitution and the IEFA, and by the state legislature’s annual over $3 million appropriations,” said NARF Staff Attorney Melody McCoy who argued the class certification motion.
Provisions in the Montana Constitution and the IEFA act entitle every public school student to receive an education about the Indigenous peoples of the state. IEFA requires MOPI to provide all K-12 public school students curriculum developed in concert with Tribal governments in Montana. While MOPI gave all schools public funding to provide Indian Education, not all schools used the funds for the intended purpose and not every student benefitted.
“All Montana public school students belong to this lawsuit because they all stand to benefit from the state offering them the education promised in the state constitution and the Indian Education for All Act (IEFA),” said ACLU-MT Legal Director Alex Rate.
Represented by NARF, ACLU-MT, and ACLU, the plaintiffs, now including all current and future K-12 students in the state, seek for MOPI to track what schools do with IEFA money, work with Tribes to create the curriculum, and confirm that all students receive appropriate Indian Education.
In Montana, American Indian students comprise nearly 11% of the public school population and seven Tribal Nations have a landbase in the state. Despite Native Americans remaining an influential part of Montana and the explicit promises of the state’s Constitution and laws, public school students seldom learn about Indigenous classmates and communities.
January 2025: The long journey to Indian Education for All continues
This winter in Montana, the class action lawsuit continues to seek justice for every Montana public school student. The lawsuit aims to benefit every teacher, every school, and every taxpayer whose money goes to the Montana Office of Public Instruction (MOPI) to ensure Indian Education for ALL
Montana enshrined the right for all public school students to learn about Indigenous peoples of Montana in the state constitution in 1972. Montana outlined details about how this goal would be achieved by the state’s education system in 1999 by passing the landmark legislation titled Indian Education for All. Montana legislators have allocated tax-payer funds to IEFA programs every year since 2007.
Yet, more than 50 years after legislators promised every public school student an opportunity to learn about Indigenous peoples of the region, MOPI has still not shown that it is adequately funding, implementing, and monitoring IEFA programs. As a result, year after year, many students do not receive this essential — and legally required — education.
“Our hopes would be that the communities throughout Montana will have a much better understanding of Montana’s Indian Nations.”
— Chairman Gerald Gray of the Little Shell Tribe of Chippewa Indians of Montana
May 2025: Montana Board of Public Education supports Indian Education For All
Montana students, their families, and Tribal Nations reached a settlement agreement with the Montana Board of Public Education, one of the parties they sued for not adhering to the Montana constitution and laws that promise all public-school students will receive education about the cultures and people Indigenous to the region. The Montana Board of Public Education (BPE) negotiated an agreement in which the agency promises to take actions to ensure that public schools offer Indian Education for All (IEFA) programming. BPE’s position brings critical hope to those who filed the class action lawsuit in 2021.
“The Board of Public Education is pleased to reach this settlement. Our time and efforts are better spent working to improve education for all students in Montana and not arguing in Court. The process of working with the ACLU on this case has been educational for both parties. We’re grateful to have resolved the issues and look forward to continue prioritizing Indian Education for All in Montana,” said MBPE Chair Tim Tharp.
Despite the partial settlement, the class action lawsuit continues against the Montana Office of Public Instruction (OPI). OPI is the office primarily responsible for providing the technical support needed to implement IEFA and confirming that schools spend IEFA funding on related education.
Plaintiff Jessica Peterson agreed. “I’m so relieved that the Montana Board of Education is ready to work together to fix the problems now. Montana needs to make changes now because each school year students graduate without benefiting from the IEFA curriculum. When we filed this lawsuit, my daughter was in 2nd grade. Now she is a 6th grader in Helena public schools. Year after year, I don’t see Indian Education for All happening in the Helena Public Schools. I think it’s a very invisible curriculum if it exists at all,” said Peterson.
As part of the settlement, BPE has agreed to only accredit schools that have Indian Education for All integrated into their curriculum planning and require all new teachers to complete an Introduction to IEFA course prior to working in Montana public schools. Under the settlement, BPE agreed to encourage OPI to develop more resources to assist public school teachers beyond this introductory course and ask OPI to provide BPE a report each year identifying which schools implemented IEFA, the school’s progress in offering Indian education to students, and how OPI will help schools that struggle in teaching this subject to students that year.
August 2026: Historic agreement strengthens Indian Education for All across Montana schools
The Montana Office of Public Instruction has agreed to a landmark settlement that would create long-awaited accountability measures to ensure Montana schools fully implement the state constitution’s guarantee that the unique cultural heritage and contributions of the Indigenous peoples of the region are recognized and taught across the state.
The agreement marks a major milestone in fulfilling Montana’s constitutional and statutory commitment to teach all students — Native and non-Native alike — about the histories, cultures, governments, and contributions of Tribal Nations in Montana. The settlement was preliminarily approved by the court Monday and is subject to final court approval following a notice period.
“This settlement is a long overdue step toward honoring the promise that Montana made to its students in 1972, that every child learns about the histories and cultures of our Tribal Nations,” said Michael Dolson, Council Chairman of the Confederated Salish and Kootenai Tribes. “Indian Education for All builds the understanding and respect that all of our communities need. This settlement means accountability for implementing that commitment, with real reporting, real curriculum developed with Tribes, and real consequences when schools fail to deliver.”
Under the agreement, Indian Education for All would be incorporated into state accreditation and monitoring systems, making implementation a core expectation for Montana’s K-12 schools. It also formalizes Tribal consultation processes, ensuring Tribal Nations have an ongoing role in shaping how Indigenous education is developed and delivered statewide.
“For too long, Tribes were expected to trust that things would improve without having a seat at the table,” said Councilwoman Roxanne Gourneau, Ft. Peck Tribal Executive Board Member. “This settlement recognizes that Tribal Nations are essential partners in educating Montana’s students.”
The agreement requires schools to demonstrate that Indian Education for All is integrated across curriculum areas, that IEFA funds are used appropriately, and that Tribal Nations are meaningfully engaged in developing Indian education programs.
For students, the changes are expected to bring more consistent and substantive instruction about Native history, culture, and contemporary Tribal governments — moving beyond isolated lessons or superficial coverage. For Native students, it also means classrooms that better reflect their identities, histories, and lived experiences.
“As parents who were raised attending Montana schools, we have firsthand experience of what it looks like when Indian Education is not included in school curriculum and culture,” said Crystal and Tyler Amundson, two parent plaintiffs. “All public school students should have access to learning that promotes understanding, which is why we’re proud that our children now attend Montana public schools that mirror Montana’s diverse population. But this settlement isn’t just about celebrating diversity, it’s about ensuring that my children, who are not Native, experience a more accurate and inclusive version of Montana’s history, present, and future.”
“Montana is the only state that has Indian Education for All, but how are we ensuring that it’s being carried out?” asked Cammie DuPuis-Pablo, a parent plaintiff. “Hopefully, this settlement will push back against the ignorance and lack of knowledge that is all too common. I didn’t get to see accurate representations of Native Americans when I was in school, my oldest kids didn’t get that when they were in school, but — with this settlement — maybe my youngest kids will. Because our ancestors’ story is meaningful, it’s what happened, and it should not be cut out from the history of America, or I would say Turtle Island.”
“This agreement helps prevent classrooms where Native history is missing, misunderstood, or treated as optional,” said NARF Staff Attorney Mark Carter. “It makes clear that Indian Education for All is not a suggestion — it’s the law that was created by the people of Montana.”
More Cases
