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November 2002The State of Indian Education and New Schools of Thoughtby Melissa Campobasso "Indians, indians, indians." She said it without capitalization. She called me "indian, indian, indian." And I said, "Yes, I am. I am Indian. Indian, I am." Many conditions for effective learning for Indian students are not being met, including culturally appropriate curriculum, sufficient recognition of the contributions of Indian culture, effective communication between students and teachers, and a welcoming atmosphere. Students who are grounded in their culture and have culturally appropriate relationships have supportive environments that help them perform academically. Schools have a role in cultivating this learning environment. This article examines the state of K-12 education of Indian students in the public schools, and ways tribal communities and educators can work to improve the situation. Background of Indian Education Law Tribal Control Before contact with non-Indians, tribes had full and effective authority over the education of their children. This education did not take place in modern-type classrooms. Education emphasized learning by application, imitation, sharing, cooperation and etiquette, including an abiding respect for elders.1 It did not consist of memorization of basic information. The duty to transmit "an accumulated fund of cultural and social knowledge to the succeeding generations of a community's members"2 was placed in the hands of parents, uncles, aunts, elders and peers. Today, tribes recognize their responsibility for regulating elementary and secondary education within their borders. Federal Laws The U.S. Constitution conferred on the federal government the right to regulate Indian commerce and land, and make treaties with tribes, which to this day are sovereign governments with the right to provide and govern education. In the 18th century, the federal government3 assumed the role of educating Indians for several purposes: educating and "civilizing" Indians in the ways of Euro-Americans (including conversion to Christianity and indoctrination in values of possessive individualism), neutralizing resistance to colonization and westward expansion, and preparing Indians for the subservient role non-Indians expected them to play in American society.4 The policy was to replace Indians' ways with those of white Americans."5 The federal government established boarding and day schools, both on and off reservations, which "aimed to denigrate and devalue Indian culture and religion and coercively assimilate Indian students into the dominant American society."6 This was done without any consideration for the opinions of Indians. Studies have shown this policy has wreaked tragic and disgraceful consequences. For example, the 1928 Meriam Report7 and the 1969 Kennedy Report8 found that the federal education policy "had disastrous effects on Indian children's education, leading to such results as '[a] dismal record of absenteeism, dropouts, negative self-image, low achievement, and, ultimately, academic failure for many Indian children.'"9 There were more problems: "The classroom becoming a battleground in which children tried to protect their identity; schools failing to understand, and often denigrating, cultural differences; schools blaming their own failures on Indian students; schools failing to recognize the importance of the Indian community."10 The reports recommended a vast increase in funding, which, because of increases in incomes, was expected to more than offset reductions in Indian unemployment and welfare participation rates, and other social ills. As far back as 1928, certain educators called for the school experience to be reflective and relevant to Indian students' lives: The Report noted the importance of teaching Indian geography, history, and arts in the schools and of using good reading materials that related to Indian interests and contemporary Indian experiences. Elementary schools in particular were faulted for their almost exclusive focus on learning English, a longstanding key component of government assimilation efforts, and for the antiquated methods that they used in teaching the language. The Report recommended abandoning the standardized curriculum and prescribed textbooks, and freeing teachers to draw materials from the lives of the Indian students themselves.11 Despite these conclusions, from the 1930s to the 1970s, policy shifted from federal schooling to state public schools without much weight given the recommendations. Instead of addressing the identified problems, the measures merely focused on funneling money to the public schools.12 The Johnson-O'Malley Act of 1934 (JOM) authorized the U.S. Department of the Interior to contract with a state for the education of Indians in such a state.13 To assimilationists, this shift had many benefits: state schools would meet Indians' educational needs; it would cut federal expenses because it was cheaper to pay state school expenses than to run federal schools; Indian students would assimilate quicker if they were educated along with non-Indians.14 For many reasons, however, public schools have not met the academic needs of Indian students.15 Besides the JOM act, Congress enacted a multitude of other Indian education laws. The Impact Aid Act,16 first passed in 1950, provided funding assistance to public school districts that had a reduced tax base because of the location of federal installations, now including Indian reservations. The School Facilities Construction Act of 1950, as amended, authorized federal funding for the construction of schools in districts with increased enrollment of Indian students.17 The appropriations under these acts declined over the years or were regularly late. Some improvements have been made, however. The Indian Education Act of 197218 provides grants to local educational agencies for special remedial and cultural enrichment programs, grants for teacher training, and development of a special curriculum. The Indian Self-Determination and Education Assistance Act of 197519 provided authority for tribes to operate federally funded programs currently operated by the federal government, amended the JOM act to require the contractor to have plans to address Indian students' academic needs before contracting,20 amended the JOM act to provide that if the contracting school's school board was not composed of a majority of Indians, Indian parents could elect an Indian parent committee to develop, and approve or disapprove, programs to be conducted under the act.21 A report in 1997 by the U.S. Department of Education National Center for Education Statistics revealed that some improvement had been made in certain areas, but many problems still plagued Indian education in the 1990s.22 Washington State Laws Sections 1 and 2 in Article IX of the Washington Constitution establish and define the public school system. Section 1 provides: "It is the paramount duty of the state to make ample provision for the education of all children residing within its borders, without distinction or preference on account of race, color, caste, or sex."23 Section 2 provides: "The Legislature shall provide for a general and uniform system of public schools." The state Supreme Court has said that the uniformity requirement means that every child should have the same advantages as every other child.24 The state has enacted basic education requirements that apply throughout the state.25 Common schools must comply with the rules and regulations of the state board of education, including certain minimum standards.26 The basic education act requires instruction in the "essential academic learning requirements."27 It allows, however, some discretion in the school districts. Students can receive instruction in "such other subjects and such activities as the school district shall determine to be appropriate for the education of the school district's students enrolled in such program."28 School boards identify and offer courses.29 The state board of education may prescribe studies other than the basic courses.30 Instruction shall be in the English language; however, teaching students in another language is not precluded "when such instruction will aid the educational advancement of the student."31 Some local variation of the basic education requirements is permitted.32 School districts and schools can seek a waiver from basic education-act requirements where necessary to successfully implement "a local plan to provide for all students in the district an effective education system that is designed to enhance the educational program for each student. The local plan may include alternative ways to provide effective educational programs for students who experience difficulty with the regular education program."33 School districts also can establish schools or programs with special standards, such as required parental involvement.34 For students who are "academically at risk,"35 school boards may contract with "alternative educational service providers"36 to help them achieve specific learning standards. These service providers could include a tribally controlled program.37 Specific Washington state law on Indian studies is limited. Most of the provisions have to do with language-study requirements. "If the essential academic learning requirements include a requirement of languages other than English, the requirement may be met by students receiving instruction in one or more American Indian languages."38 A class in state history may or may not encompass Indian studies. "Any course in Washington state history and government used to fulfill high school graduation requirements is encouraged to include information on the culture, history, and government of the American Indian peoples who were the first inhabitants of the state."39 Local history and government coursework that students studying for their teaching degree are required to take must include an Indian facet. "Any course in Washington state or Pacific Northwest history and government used to fulfill this requirement shall include information on the culture, history, and government of the American Indian peoples who were the first human inhabitants of the state and the region."40 School boards have the duty to determine policy on instructional materials and approve or disapprove those materials,41 including specifying procedures for the selection of materials; establishing an instructional materials committee (which may include parents at the board's discretion); receiving complaints regarding the materials; experimenting with materials before formal adoption; and, within the limits of board policy, school administrators may buy materials to meet deviant needs or rapidly changing circumstances.42 A school board also is responsible for stocking school libraries as it "deems necessary for the proper education of the district's students or as otherwise required by law or rule or regulation."43 In sum, under current state law, positive steps can be taken to make the educational experience more reflective and relevant to Indian interests and issues. If every child in the state school system is to have the same advantages as every other child, the system should provide more and better instruction, programs and training on Indian subjects. School districts have discretion to tailor subjects to meet the particular needs of the students. Course instruction may be in an Indian language when it will help the educational advancement of the student. Schools can seek approval of a local plan to better suit their students, including focusing on those students who are experiencing difficulty within the current structure. Schools can also provide education on Indian issues. Current laws may or may not be amenable to the measures recommended in this article, and educators should consider whether to seek legislative or regulatory change. Jurisdiction Over Education Today Legal authority over public schools located off Indian reservations is with the state. Authority over public schools on reservations may also reside with the state because school districts are political entities of the state, and federal law has sanctioned the on-reservation location. In addition, legal precedent may favor state jurisdiction.44 Jurisdiction over Indian students, however, may be concurrent in both the tribe and the state.45 Rather than debating jurisdiction, states and tribes can best serve students by collaboration, keeping in mind that students are the concern of both jurisdictions. The Present State of the Education of Indian Students In 1993-94, about 491,936 Indian students were enrolled in elementary and secondary schools in the United States.46 About 187,365 (38 percent) of these Indian students were enrolled in approximately 1,244 public schools with 25 percent or more Indian students, and 41,911(nine percent) of these students were enrolled in 170 BIA/tribal schools. The remaining 262,660 Indian students (53 percent) in public schools were scattered across 79,500 public schools. This means about 91 percent of Indian students attended public schools47 and were a significant proportion of the student body in nearly half of the schools they attended.48 There are 29 federally recognized Indian tribes in Washington.49 Indians are 2.7 percent, or 158,940, of the state population of 5,894,121.50 Available data reveal that tribal students suffer from disproportionately low achievement scores, graduation rates, educational attainment levels and attendance rates, and high dropout rates.51 This educational dearth hurts tribal communities and society at large. The one-size-fits-all teaching methodologies do not work for all students, especially Indian students. The mainstream culture, which constructed the public education system, is incongruent and conflicts with tribal culture.52 Because of cultural differences, Indian students in the public schools are alienated by the system itself. Thus, the public school system, as it represents and imposes the mainstream culture, impedes the schooling of Indian students. Achievement Levels Low Every day in public schools, Indian students are exposed to alien learning styles through the use of non-Indian language, examples, illustrations and text materials,53 and usually have a non-Indian teacher. Because of cultural incongruency in the school environment, many Indian students are reluctant to actively participate in classroom activity, and this reluctance hurts their academic achievement. They have a difficult time interacting with their teachers or actively engaging in class activity,54 which hinders their learning.55 These and other communication differences between students and teachers may bias teachers' perceptions of their students and lower their expectations of student academic performance.56 All of this negatively affects student achievement. Attendance and Dropout Rates Indian students drop out of school at higher rates (35.5 percent) than students from other groups in America.57 Parents and communities should look at all contributing factors to this problem. Schools, especially, should examine themselves to determine school-related causes of dropouts, and to find solutions. Students have cited several problems: "… failure or inability to get along with teachers, dislike of school, inability to get along with other students, boredom, feelings of not belonging, and suspension."58 These problems may manifest in negative experiences: "[W]hen there is a cultural incongruity between the school and the student, miscommunication and confrontation often occur among students, teachers, and families, resulting in hostility, alienation, and eventual dropping out."59 Often, school administrators view Indians in a negative way, and students feel this attitude. These factors contribute to Indian students' feeling unwelcome, and ultimately avoiding the situation entirely. No Voice Historically, Indian families and communities have not been a part of the education process, Indians rarely having served on school boards.60 Indian studies are taught only in some schools on a limited basis. Schools lack material recognizing Indian culture, history and languages, and often the curriculum is derogatory toward Indians.61 Tribal languages are not offered consistently, and there is a lack of trained or certified Indian language teachers. To summarize, the Indian voice is missing in the schools. Goals and Measures Reversing this dismal state of Indian education requires educational reconstructing. Some of the measures described below are thought to be effective approaches for improving academic and other educational results for students, empowering them to develop to their fullest potential. Indian Community Influence Indian families and communities can help select texts and determine other learning tools and instructional technique in the public schools. Indian educators should also participate in the production of texts, ensuring that the Indian community, and most importantly its children, will have a sense of ownership and a resulting acceptance of the education system in the public schools.62 Tribal Education Laws Tribes have primary responsibility for ensuring an appropriate education for their children, and a paramount interest in their well-being. About 80 tribes have education departments that perform functions such as implementing tribal education law and policy; administering education programs, developing education reports; and communicating with local school boards, parents, and state and federal education departments.63 There are several federal laws authorizing direct funding for tribal education departments.64 Tribes can enact relevant laws and make agreements with local school districts. For example, in 1991, the Rosebud Sioux Tribe enacted an education code and established an education department.65 The code regulates all school and education programs — federal, state and tribal — on the Rosebud Reservation.66 Areas addressed are Indian language instruction, curriculum, teacher and school administrator qualification and retention, education standards, community and parental involvement, tribal social-service programs, tribal student-tracking systems, truancy intervention, and statistical reporting. The tribe also provides teacher recertification courses at its tribal college. The tribal code applies tribal law as well as South Dakota law to school boards, and reports on compliance of local schools with curriculum.67 The tribe has cultivated relationships with the local districts to implement these provisions. The department and code have demonstrated a positive impact on Indian education by improving attendance, decreasing dropout rates, and increasing community involvement.68 States and tribes should actively work together to find solutions, and may want to formalize this in written agreements. "Given the fact that so many Indian students today attend public schools, more cooperative and reciprocal agreements between tribes and school districts need to be developed and implemented."69 The law may dictate or guide, in some cases, the process by which tribes and states work together;70 schools and tribes will need to examine federal requirements. If tribal communities are ultimately dissatisfied with attempts at improvements, they may consider other avenues such as making an agreement for public-school students to be educated by a tribal school,71 seeking restructuring of school districts, seeking to operate as a school district or school board,72 establishing charter schools, or operating their own schools. Develop and Use Indian-Studies Curriculum and Teaching Methods Many studies conclude that students perform better when the studies reflect their culture. "This growing body of research suggests that better learning occurs when teachers transform their educational practices and the curriculum reflects the home culture from which children come."73 A culturally relevant curriculum contributes to student performance, engagement in the classroom, self-validation, and acceptance of public-school paradigm. Cultural congruence in curriculum is a necessary condition of academic success. Although the curriculum must meet state requirements, this does not preclude a culturally appropriate curriculum. Indian communities and parents, as well as educators, want Indian children to succeed academically, to understand certain mainstream values embedded in the school system, and be prepared for life after schooling. At the same time, they want these students to be exposed to their own cultural values and knowledge while at school. They want sufficient recognition of the contributions that their home cultures bring to the world. "Minority children need to be able to internalize both their own culture and that of the school."74 Indian parents and communities are critical in curriculum development. Aside from compiling research on Indians that has already been done, non-Indian educators may not know how to best distill information from a tribal community.75 Community members can fulfill this role. Extreme gaps exist in the educational record. The content of the materials should include, at appropriate levels, education on history, prehistory, life ways, laws, climate, politics and government; understanding and uses of the physical environment of the local tribes; and the relationship between tribes, states and federal governments. The lessons should include cultural topics where appropriate.76 Along with efforts in Indian homes and communities, schools can help ensure language survival. The formal public-education system helped nearly, if not completely, to annihilate the use of Indian languages. Because of this past role, the system should now devote ample resources to restoring them. "Because schools played such a powerful role in the decline of Native languages, it is reasonable to expect they can play a powerful role in restoring languages."77 The state board of education is working with a group of tribal educators on developing rules for state teacher certification of Indian language teachers.78 These teachers possess rich cultural backgrounds. Many tribes have already developed extensive curriculum, which can be used by new state-certified language teachers in the public schools. This is a positive example of cooperation between the state and tribes. Innovative teaching methods should be used. One example, teaching mathematics terms and concepts in English and in the Indian tongue, helps children better understand the subject.79 Educators can also involve students in community events, such as exposure to tribal-court proceedings, tribal government meetings on specific issues, and tribal detention facilities.80 A culturally relevant curriculum will enhance the course requirements of public schools, and will give "a challenging, relevant, thought provoking, and most importantly responsive education for Native children in American schools."81 Teacher-Student Relationships The relationship a student has with his teacher is probably the most crucial in the academic process. Teachers generally choose how to present materials and how to interact with their students. They have their own biases, and these inform how they perceive their students. Teachers of Indian students, studies suggest, effectively serve their students with "culturally responsive pedagogical repertoire" or "culturally relevant teaching."82 They should have an understanding of the history, culture and contributions of tribes, especially local tribes. Innovative models exist for the professional development of teachers. Educators, parents and tribes, as well, can create innovative training programs to strengthen the professional competency of teachers.83 Some Indian students may be "under intense peer pressure not to learn or use their tribal language."84 Teachers can provide encouragement in learning Indian languages and other subjects. "Teachers can encourage the preservation and maintenance of American Indian languages by modeling and encouraging their use in schools."85 When the situation arises, teachers also need to understand the social and health services that are available within local communities. Tribal governments have a responsibility to educate local schools in the tribal services available to Indian youth and their families. More Indian Teachers There are not enough Indian teachers to serve as role models and share the cultural background. Only 15 percent of teachers in high-Indian-enrollment schools and less than one percent of teachers in low-Indian-enrollment schools are Indian,86 and 70 percent of high-Indian-enrollment schools and five percent of low-Indian-enrollment schools have at least one Indian teacher.87 Indian teachers, who share the cultural background not provided by teachers of other ethnicities, serve as positive role models and have an insight into programs specifically designed for Indian students: Though important to all schools, it is vital that all schools serving a high percentage of Indian students increase the number of American Indian and Alaska Native administrators and teachers who are tribally enrolled. The presence of Native people in school leadership positions brings much-needed positive role modeling and training in how to design programs for Native students.88 States and districts should actively educate, recruit and hire Indian teachers to fulfill this need. Conclusion With the implementation of these measures, once again Indian students and communities will feel a sense of ownership, belonging, and familiarity with their lessons. Tribal education departments and codes, agreements between tribes and schools, and concrete measures to provide a culturally relevant curriculum for Indian students have been shown to work. The state, tribes and society have a great interest in successful educational systems. Putting the necessary resources behind this interest will decrease costs in other social areas. It is time for these jurisdictions to pull together to achieve this end. Melissa T. Campobasso is an attorney for the Colville Confederated Tribes, of which she is an enrolled member. She graduated from the University of Colorado School of Law in 2000.
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