ERIC Number: ED113091
Record Type: RIE
Publication Date: 1974
Reference Count: N/A
Federal Treaty Responsibility for Indian Education.
Deloria, Vine, Jr.
In view of prior treaties and recent laws, American Indian affairs seem to fluctuate between two different problems--the extent of Federal control "over" Indians and the extent of Federal responsibility "to" Indians. Since treaty interpretations often come years after ratification, it is necessary that a treaty be liberally construed to the end that Indians retain the benefits conferred at the time the treaty was made. Given the trusteeship position of the U.S. government, there is no way that it can stand back and pretend it must deal with the tribes on a basis of equal responsibility for all citizens. Moreover, since treaties were made between tribes and the nation, there is a trust responsibility inherent in all government agencies, not just the Department of Interior. It is necessary to survey numerous treaties to determine the future probabilities of the treaty rights issue as it may arise in the field of education. While extensive research is needed to document responsibility to individual tribes, a brief survey of treaties reveals the following kinds of Federal educational obligations: (1) perpetual services; (2) implied perpetual services; (3) long-term services, subject to Presidential termination; (4) transfer of land for services or funds; (5) tribal educational funds upon ratification; (6) the right to Indian controlled schools. (JC)
Descriptors: American Indians, Educational Responsibility, Federal Government, History, Legal Responsibility, School District Autonomy, Treaties, Tribes
Not available separately, see RC 008 789. ERIC/CRESS, Box 3AP, Las Cruces, New Mexico 88003 (on loan)
Publication Type: Reports - Research
Education Level: N/A
Sponsor: Office of Education (DHEW), Washington, DC. Office of Indian Education.
Authoring Institution: Navajo Community Coll., Tsaile, AZ.; American Indian Resource Associates, Oglala, SD.
Note: For related documents, see RC 008 769-795 and 797-803