Montana must now teach students about the history of the state’s Tribal Nations after years of failing to properly use funds designated for that purpose, after multiple tribes sued the state’s education department over the issue.
The lawsuit was filed in 2021 by the Assiniboine and Sioux Tribes of the Fort Peck Reservation, the 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, who came together with 18 students and parents to call out the lack of accountability and guidance on the Indian Education for All program.
Signficance. The Indian Education for All program requires public K-12 schools to teach all students “about the histories, cultures, governments, and contributions of Tribal Nations in Montana.” However, the tribes argued there was “little evidence of comprehensive, statewide compliance with the provisions being directed by state agencies and officials” in a statement by the ACLU of Montana, which helped represent the Tribal Nations and families.
The settlement with the Montana Office of Public Instruction late last month directed the agency to reframe the program and get it back on track.
The settlement also required that the Office of Public Instruction “use its accreditation system to require districts to provide evidence of Indian Education For All implementation, establish enforcement mechanisms, including a yearly evaluation of at least seven schools’ program expenses and potential funding reductions for noncompliance, ‘strengthen and formalize’ tribal consultation processes, and require schools to report related program compliance expenses and publish a list of noncompliant schools,” according to The Montana Free Press.
Overlooked angle. The Indian Education for All program had long been praised by others across the country who saw the program as a model for teaching Indigenous history and contributions to public school students nationwide. Montana was the first state to mandate the teaching of Tribal Nations and their history in their state constitution.
However, implementation and success have varied across the school districts. A lack of oversight led some schools to abuse their resources and use funds for different purposes.
Power structure. In 1999, the Montana Legislature passed the Indian Education for All Act, which mandates that all public schools participate in the program. Since 2007, $3.5 million has been allocated annually to school districts for Indian Education for All implementation.
Court documents revealed that during the 2019 and 2020 fiscal years, only 10% of Montana school districts could account for their funding being used properly.
Further investigation by the plaintiffs found that this was a common phenomenon, with Bozeman Elementary and High School Districts reportedly using the funds to pay a portion of their school district’s librarians’ salaries and benefits, according to 2017-2018 school year data cited in the court filings.
What experts say. “This settlement shows what real accountability looks like,” Crystal Pardue, senior staff attorney with ACLU, said in a statement. “This lays out exactly what states must do: pair strong curriculum requirements with clear standards, consistent oversight, and meaningful partnership with Tribal Nations to ensure accurate, inclusive education in every classroom.”
