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ERIC Number: ED154953
Record Type: Non-Journal
Publication Date: 1978-Apr
Pages: 22
Abstractor: N/A
Reference Count: N/A
Indian Postsecondary Education and the Law.
Locke, Patricia
Postsecondary education and all of Indian education are tied to the tribes, the complexities of Indian law, and the tribal powers of self-government which in turn are based on treaties with the U.S. government. Since 1789, treaty relations were entered with nearly every tribe and band within the U.S. territorial limits. Part of the consideration for the treaty promises of education was the cession of almost one billion acres of Indian land. Some have regarded these Indian treaties as transferring control over the affairs of "weak uncivilized and defeated tribes to the sovereign power of the United States". However, the prevailing view has seen Indian treaties as valid agreements between independent sovereigns. Today the Indian Self-Determination and Education Assistance Act reinforces the government-to-government relationship between the individual tribes and the U.S. government. Yet, Federal policy relating to Indian postsecondary education is inconsistent, is not responsible to tribal authority, does not provide for sufficient funding to meet the expressed needs, and is inequitable in its service to tribes. Therefore, 21 tribes have, through enabling legislation, chartered colleges for the primary benefit of their tribal members. As tribes become increasingly aware of how legislation, including education legislation, affects the reinforcement or diminution of tribal sovereign power, they should become knowledgeable about current legislation affecting tribal education, i.e., the Indian Education Act, the Indian College Bill, and the reauthorization of Title IV. (NQ)
Publication Type: Reports - Research
Education Level: N/A
Audience: N/A
Language: N/A
Sponsor: N/A
Authoring Institution: N/A