Federal Law Principles of Tribal Sovereignty

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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

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Federal Indian Policy and Indian Education

• The Treaty Era (1776 - 1871)
• 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 (1871 - 1934)
• 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 (1934 - present)
• Indian Reorganization and Self-Determination
• continued transfer of Indian education to states
• beginning of some regain of tribal control over
  education

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Highlights of the Modern Era with respect to
educationThe 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

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Highlights . . . education (continued)The 1990s
and 21st 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. 13096 (1998)
• 2001 ESEA Reauthorization (NCLB)
• Executive Order No. 13336 (2004)

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Picture of Indian Education Today

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