This winter in Montana, a 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.
Filed in 2021, the Yellow Kidney et al v. MOPI lawsuit asks the court to hold the Montana education agency accountable for responsibly and fully implementing Indian Education for All. The Tribes, students, and parents who are bringing this case and their legal representatives—ACLU MT, ACLU, and NARF—are determined to ensure the State adheres to its legal and moral obligations. We are also encouraged by the passage of Montana House Bill 338 in 2023. The bill amended IEFA and included refinements such as clarifying that school districts must account for their IEFA expenditures.
We will continue to fight for the state to meet its obligations under Montana law, including the new H.B. 338 amendments, so that all public-school students in Montana can exercise their right to learn about Native American history and culture. As Chairman Gerald Gray of the Little Shell Tribe of Chippewa Indians of Montana stated: “Our hopes would be that the communities throughout Montana will have a much better understanding of Montana’s Indian Nations.”
Public school students, guardians of students, the Assiniboine and Sioux Tribes of the Fort Peck Reservation, the Confederated Salish and Kootenai Tribes of the Flathead Reservation, the Fort Belknap Indian Community, the Little Shell Tribe of Chippewa Indians of Montana, the Northern Cheyenne Tribe, and the Crow Tribe began this latest push for positive change.
Learn More: Yellow Kidney, et al. v. Montana Office of Public Instruction, et al.
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