ERIC Number: ED459031
Record Type: Non-Journal
Publication Date: 2000-Oct
Reference Count: N/A
Federal Indian Law and Policy Affecting American Indian and Alaska Native Education. Indian Education Legal Support Project "Tribalizing Indian Education."
McCoy, Melody L.
The Native American Rights Fund is the national legal defense fund for American Indian and Alaska Native tribes. Its Indian Education Legal Support Project advances Native American education by emphasizing the legal rights of tribes to control the formal education of tribal members in all types of schools--federal, state, and tribal. This booklet presents an overview of major legal principles of federal Indian law, major developments in federal Indian policy, and how they have affected the education of American Indians and Alaska Natives. Three fundamental legal principles of federal Indian law are presented: tribes are independent sovereign governments, separate from the states and the federal government; tribal sovereignty generally extends over a federally recognized geographic territory and over the activities and conduct of tribal and nontribal members within that territory; and tribal sovereignty is inherent and exists unless and until Congress takes it away. Court case examples illustrating these principles are given. Since questions about tribal sovereignty are often viewed as questions of the intent of Congress, acts of Congress concerning treaties, statutes, and public laws are reviewed, along with court case examples. A history of federal Indian education laws and policies traces tribal control from pre-contact through Federal control, state control, and finally to the return toward tribal control. Laws and policies that are unique to Alaska Natives are reviewed. "Homework" questions explore implications for American Indian and Alaska Native education. (TD)
Descriptors: Alaska Natives, American Indian Education, American Indian History, American Indians, Court Litigation, Federal Indian Relationship, Federal Legislation, Laws, Politics of Education, Public Policy, Treaties, Tribal Sovereignty, Tribally Controlled Education, Trust Responsibility (Government)
Publication Type: Reports - Descriptive
Education Level: N/A
Authoring Institution: Native American Rights Fund, Boulder, CO.