ERIC Number: ED343757
Record Type: RIE
Publication Date: 1991
Reference Count: N/A
Responsibilities and Roles of Governments and Native People in the Education of American Indians and Alaska Natives.
Kickingbird, Kirke; Charleston, G. Mike
This paper traces the development of the government-to-government relationship between the United States and Native peoples and examines the implications of that relationship for Native American education. In 1532, Francisco de Vitoria refuted the Doctrine of Discovery and laid out four principles to guide Spanish governmental relations with Native peoples. Colonial powers and, later, the United States recognized the sovereignty of Native nations by entering into over 800 treaties with them. A 1794 treaty was the first to contain provisions for Indian education. In 1871 Congress ended treaty-making with Native governments, essentially legalizing Native assimilation and land annexation. The Bureau of Indian Affairs (BIA) controlled all aspects of Native education and government. In 1934, in response to criticisms in the Meriam Report, Congress reaffirmed tribal self-government and provided financial inducements to states to enroll Natives in public schools. Following efforts in the 1950s to terminate the government-to-government relationship, the Federal Government in the 1960s reaffirmed its support for Native self-determination and tribally controlled education. The present trend of shifting responsibility for Native education from BIA and tribal schools to public schools has resulted in a real loss of Native control. Contemporary roles in Native education are described for various federal agencies, tribal governments, Native communities, and state governments. Recent Supreme Court decisions concerning the rights and jurisdiction of tribal governments are outlined. This paper contains 26 references and cites 46 court cases and 30 statutes. (SV)
Publication Type: Information Analyses
Education Level: N/A
Sponsor: Department of Education, Washington, DC. Indian Nations At Risk Task Force.
Authoring Institution: N/A
Identifiers: Legal History; Tribal Government; Tribally Controlled Education
Note: In: Indian Nations At Risk Task Force Commissioned Papers. See RC 018 612.