ERIC Number: ED184782
Record Type: Non-Journal
Publication Date: 1980-Apr
Reference Count: N/A
Indian Education and the Frontiers of Federal Advocacy.
In terms of federal precedent, Indian education can be said to represent the avant-garde. Federal involvement in Indian education began in 1890 with tuition payment on a per capita basis for Indians attending public schools and continued with provisions of the 1934 Johnson O'Malley Act and the 1972 Elementary and Secondary Education Act. This report focuses on three distinct models of federal advocacy legislation: the Indian Education Act of 1972, the unsuccessful legislation intended to accompany the Indian Self-Determination Act of 1972, and Public Law 95-561, Title XI. The nature, form, structure and plan of federal assistance are vital questions. Any law that provides for advocacy through representation should meet three tests: (1) representatives from tribes must know the concerns of those represented (the parents); (2) representatives must speak for those concerned more effectively than the people themselves; and (3) school district people must acknowledge the authority and legitimacy of the representative. These conditions do not exist now because this tribal role has not evolved from the community itself but through the legislation, tribal governments are not as familiar with the issues as the people they represent, and school districts are accustomed to negotiating with groups of parents or committee representatives. Although there has been no visible movement in this direction, the law attempts to overcome these problems by allowing tribes to delegate their new authority. (NEC)
Publication Type: Legal/Legislative/Regulatory Materials; Opinion Papers; Speeches/Meeting Papers
Education Level: N/A
Authoring Institution: Indian Education Training, Inc., Albuquerque, NM.
Identifiers - Laws, Policies, & Programs: Indian Education Act 1972; Johnson O Malley Act