A board that oversees public education in Montana has agreed to improve the way schools teach Indigenous culture and history. Montana Free Press Indigenous Affairs Reporter Nora Mabie has been following the lawsuit that sparked the settlement. She joined MTPR's Austin Amestoy with the details.
Austin Amestoy: So this Is a pretty big development in this four-year-old lawsuit now against the state for its handling of the program called Indian Education for All, which gives money to schools to teach Indigenous history and culture. So who are the people suing the state over this program, and what's their argument for how the state is falling short?
Nora Mabie: Yeah, so the plaintiffs in this class action lawsuit are a group of Montana students, families, and tribes. They say that Montana school districts are improperly using funds meant for Indian Ed for All. And to back up a little bit, the Legislature enacted Indian Ed For All in 1999. It's something that came in response to the state's Constitution, which outlines a commitment in education to recognizing tribes' distinct culture and history. So for years, the Legislature has appropriated $3.5 million to school districts to implement Indian Ed for All. But plaintiffs in this lawsuit allege that school districts were misusing that money. They say some schools used Indian Ed for All funds to pay librarian salaries and to buy books unrelated to Native American culture, among other things. They also allege some of that money remains unaccounted for.
Austin Amestoy: Right, and my understanding, Nora, is that there have been sort of ongoing legal battles on and off really since Indian Education for All became a thing. And there's sort of been this path that a lot of advocates have been taking to try and tighten accountability for that program. So this is kind of just one phase in that general history. Is that more or less right?
Nora Mabie: Yeah, we've seen through the years different bills brought by members of Montana's American Indian Caucus to sort of strengthen the state's commitment to Indian Ed for All. Some of that legislation requires school districts to teach or to incorporate Indian Ed for All into curriculum instead of encouraging it. Some new legislation that recently passed adds some measures of financial accountability for schools and things like that. So this is just a new, another step in that equation.
Austin Amestoy: But nonetheless, a big development, of course. The plaintiffs sued the Board of Public Education and the State Education Department, and now one of those parties has settled, the Board Of Public Education. So what changes has that panel agreed to make regarding Indian Education for All?
Nora Mabie: So, the Board of Public Education agreed to integrate Indian Ed For All across all content standards. It will also encourage schools to meaningfully consult with tribes in developing curricula. The board also vowed to require new educators to take an intro to Indian Ed For All course. And it will use the accreditation process to ensure that Indian Ed for All is incorporated across local instruction.
Austin Amestoy: So definitely some substantial developments in the settlement, how are plaintiffs reacting to the news?
Nora Mabie: Plaintiffs see this as a really big win. One plaintiff said she was relieved by the settlement. Her daughter is a student in Helena Public Schools, and she said her daughter has not received much Indian Ed for All instruction. And then I also spoke with two teachers from Poplar Middle School last week. And when I asked them what they thought about the settlement, they basically said, it's about time.
Austin Amestoy: So, the lawsuit also names the State Office of Public Instruction, which is tasked with overseeing programs like Indian Education for All. So do we know how the suit might proceed from here?
Nora Mabie: Yes, so even though the board settled, the lawsuit will continue with the State Office of Public Instruction. It'll be interesting to see what happens next, because OPI really holds the purse strings here. It's OPI, not the Board of Public Ed, that's responsible for distributing state funding meant for Indian Ed for All. So we'll see what happened with them.
Austin Amestoy: Well, Nora, thank you so much for coming on to share your reporting with us.
Nora Mabie: Thanks for having me.
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Legislation with major impacts for Montana’s tribal communities is headed closer to the governor’s desk. Democratic Sen. Jonathan Windy Boy carried two bills designed to bolster accountability between state and tribal agencies; A Flathead County district court judge announces another run for the Montana Supreme Court. -
Blackfeet educator and leader Earl Barlow died last week at the age of 96. Barlow became known as the “Father of Indian Education” in Montana for his efforts to recognize the tribes during the state’s 1972 constitutional convention. -
A bill creating guidelines for the removal and placement of Native American children in cases of adoption or foster care has been signed into law. Gov. Greg Gianforte signed a law tightening rules for public schools to teach about Native American history, traditions, language and culture. Yellowstone National Park law enforcement officers are investigating an incident last Saturday that resulted in the death of a newborn bison calf. -
House Bill 338 would mandate that the Board and Office of Public Instruction create and enforce educational standards for schools receiving “Indian Education for All” funding. -
Monday marked the 50th anniversary of the ratification of Montana’s constitution. Former delegates and governors will highlight a celebration of the state’s bill of rights at the Capitol next week.
