Native Education 101: Basic Facts about American Indian, Alaska Native, and Native Hawaiian Education

Native Education 101:
            Basic Facts about American Indian,
 Alaska Native, and Native Hawaiian Education

Native Education 101:
            Basic Facts about American Indian,
       Alaska Native, and Native Hawaiian Education

                            Contents
Demographics...........................................................................3

Reservations and Native Lands Map ...................................8

Important Community Issues and Concepts ....................10

Educational Issues for Native Students............................. 11

Types of Schools for Native Students ................................12

Indian Education Legislation and
Executive Orders ....................................................................14

Frequently Asked Questions about Indians.....................19

Native Organizations to Know ...........................................23

                                                                                           1

Keeping our
                 Commitment to
              American Indians,
            Alaska Natives, and
             Native Hawaiians.

    Published by the National Indian Education Association in
      partnership with the National Education Association.

2

Demographics

s 4HERE ARE  FEDERALLY RECOGNIZED TRIBES IN THE 5NITED 3TATES
  AND    53 CITIZENS WHO IDENTIlED THEMSELVES AS
  HAVING !MERICAN )NDIAN !LASKAN .ATIVE OR .ATIVE (AWAIIAN
  ANCESTRY 53 #ENSUS  

s 4WELVE STATES HAVE MORE THAN   !MERICAN )NDIANS
  !LASKAN .ATIVE OR .ATIVE (AWAIIANS INCLUDING #ALIFORNIA
  /KLAHOMA !RIZONA .EW -EXICO 7ASHINGTON -ICHIGAN
  &LORIDA 4EXAS .EW 9ORK .ORTH #AROLINA (AWAII AND !LASKA
  53 #ENSUS  

s 4HERE ARE APPROXIMATELY   !MERICAN )NDIAN AND !LASKA
  .ATIVE STUDENTS IN THE 53 +n SYSTEM 53 $EPARTMENT OF
  %DUCATION .ATIONAL #ENTER FOR %DUCATION 3TATISTICS  

s !BOUT  PERCENT OF ALL !MERICAN )NDIAN AND !LASKA .ATIVE
  STUDENTS ATTEND REGULAR PUBLIC SCHOOLS AND  PERCENT ATTEND
  SCHOOLS ADMINISTERED BY THE 53 GOVERNMENTS "UREAU OF
  )NDIAN !FFAIRS ")! A SYSTEM OF  SCHOOLS FOR EDUCATING
  !MERICAN )NDIAN STUDENTS SPREAD OVER  STATES 53
  $EPARTMENT OF %DUCATION .ATIONAL #ENTER FOR %DUCATION
  3TATISTICS B 

s /NLY  PERCENT OF !MERICAN )NDIANS AND !LASKAN .ATIVES
  HAVE A HIGH SCHOOL DIPLOMA AND ONLY  PERCENT HAVE A
  "ACHELOR OF !RTS DEGREE 53 #ENSUS  

s 4HE NATIONAL GRADUATION RATE FOR !MERICAN )NDIAN HIGH
  SCHOOL STUDENTS WAS  PERCENT IN THE n SCHOOL YEAR
  COMPARED TO  PERCENT FOR WHITE STUDENTS %0% 2ESEARCH
  #ENTER  
                                                                   3

Demographics
                              (continued)

    s /NLY  PERCENT OF !MERICAN )NDIAN MALES AND 
      PERCENT OF !MERICAN )NDIAN FEMALES GRADUATED WITH A REGULAR
      DIPLOMA IN THE n SCHOOL YEAR %0% 2ESEARCH #ENTER
       

    s .EARLY  PERCENT OF !LASKA .ATIVES OVER  HAD HIGH SCHOOL
      DIPLOMAS BY  AND  PERCENT OF ADULT !LASKA .ATIVES HAD
      FOUR YEAR COLLEGE DEGREES 53 #ENSUS  

    s !MERICAN )NDIAN AND !LASKA .ATIVE STUDENTS WERE MORE LIKELY
      THAN STUDENTS OF OTHER RACIAL AND ETHNIC GROUPS TO RECEIVE
      SERVICES UNDER THE )NDIVIDUALS WITH $ISABILITIES %DUCATION
      !CT )$%!  3PECIlCALLY ABOUT  PERCENT OF !MERICAN )NDIAN
      AND !LASKA .ATIVE STUDENTS RECEIVED )$%! SERVICES IN 
      COMPARED TO  PERCENT OF WHITE  PERCENT OF BLACK  PERCENT
      OF (ISPANIC AND  PERCENT OF !SIAN0ACIlC )SLANDER STUDENTS
      53 $EPARTMENT OF %DUCATION .ATIONAL #ENTER FOR %DUCATION
      3TATISTICS B 

    s )N  !MERICAN )NDIAN AND !LASKA .ATIVE STUDENTS MADE UP
       PERCENT OF THE STUDENT POPULATION BUT JUST  PERCENT OF
      THE STUDENT POPULATION IN GIFTED EDUCATION 53 $EPARTMENT
      OF %DUCATION  

    s !BOUT  PERCENT OF STUDENTS AT ")! SCHOOLS RECEIVE SPECIAL
      EDUCATION SERVICES 53 'ENERAL !CCOUNTING /FlCE  

4

Demographics
                           (continued)

s !MERICAN )NDIAN AND !LASKA .ATIVE STUDENTS ARE  TIMES
  MORE LIKELY TO RECEIVE SPECIAL EDUCATION SERVICES FOR SPECIlC
  LEARNING DISABILITIES AND  TIMES MORE LIKELY TO RECEIVE SUCH
  SERVICES FOR DEVELOPMENTAL DELAYS THAN THE COMBINED AVERAGE
  OF ALL OTHER RACIAL GROUPS 53 $EPARTMENT OF %DUCATION /FlCE
  OF 3PECIAL %DUCATION 0ROGRAMS  

s &IFTEEN PERCENT OF !MERICAN )NDIAN AND !LASKA .ATIVE EIGHTH
  GRADERS WERE CATEGORIZED AS STUDENTS WITH DISABILITIES IN
   MEANING THEY HAD OR WERE IN THE PROCESS OF RECEIVING
  )NDIVIDUALIZED %DUCATION 0LANS COMPARED TO  PERCENT OF
  ALL NONn!MERICAN )NDIAN AND !LASKA .ATIVE EIGHTH GRADERS
  53 $EPARTMENT OF %DUCATION .ATIONAL #ENTER FOR %DUCATION
  3TATISTICS  

s 4HE NATIONAL GRADUATION RATE FOR !MERICAN )NDIAN HIGH
  SCHOOL STUDENTS WAS  PERCENT IN THE n SCHOOL YEAR
  COMPARED TO  PERCENT FOR WHITE STUDENTS %0% 2ESEARCH
  #ENTER  

                                                                     5

Reservations and Native Lands

6

7

Important Community Issues and
                      Concepts
    s !MERICAN )NDIANS !LASKA .ATIVES AND .ATIVE (AWAIIANS
      ARE THE INDIGENOUS PEOPLES OF THE 5NITED 3TATES 7HILE MANY
      .ATIVE PEOPLES HAVE MIGRATED TO DIFFERENT LOCATIONS THEY HAVE
      A STRONG ATTACHMENT TO PLACE )N FACT THERE IS ARCHEOLOGICAL
      EVIDENCE OF INHABITANTS HERE FOR OVER   YEARS WHICH
      PREDATES THE LAND BRIDGE THEORY OF MIGRATION FROM !SIA &OR
      MANY CENTURIES 0OLYNESIANS NAVIGATED AND SETTLED THROUGHOUT
      THE 0OLYNESIAN TRIANGLE

    s 4HERE IS TREMENDOUS DIVERSITY WITHIN THE !MERICAN )NDIAN
      !LASKAN .ATIVE AND .ATIVE (AWAIIAN POPULATIONS 4HOUGH
      !MERICAN )NDIANS AND !LASKA .ATIVES COMPRISE  PERCENT
      OF THE TOTAL 53 POPULATION THEY MAKE UP  PERCENT OF THE
      NATIONS LANGUAGES AND CULTURES MANY OF WHICH EXIST NOWHERE
      ELSE ON THE FACE OF THIS PLANET

    s !MERICAN )NDIANS MAINTAIN A UNIQUE STATUS AS SOVEREIGN
      NATIONS WITHIN A NATION DUE TO THE TREATIES SIGNED WITH THE 53
      GOVERNMENT WHICH RECOGNIZES TRIBAL RIGHTS AS SOVEREIGN IN
      !RTICLE ) 3ECTION  CLAUSE  OF THE #ONSTITUTION WHERE TRIBES
      ARE LISTED ALONG WITH THE OTHER TWO SOVEREIGNS FOREIGN NATIONS
      AND THE STATES 4RIBAL STATUS ALSO IS CONlRMED THROUGH THE
      TREATY MAKING POWER FOUND IN !RTICLE )) OF THE #ONSTITUTION

    s !MERICAN )NDIANS AND !LASKA .ATIVES HAVE STRUGGLED TO
      REGAIN THEIR RIGHT OF SELF DETERMINATION AND GOVERNANCE AND
      TO EXPAND THEIR OPPORTUNITIES FOR SOCIAL EDUCATIONAL AND
      ECONOMIC DEVELOPMENT .ATIVE (AWAIIANS ARE SEEKING FEDERAL
      RECOGNITION TO BEGIN THE PROCESS OF SELF DETERMINATION AND
      GOVERNANCE THROUGH FEDERAL LEGISLATION

8

Educational Issues for
                  Native Students
s 4HE LANGUAGES AND CULTURES OF !MERICAN )NDIANS !LASKA
  .ATIVES AND .ATIVE (AWAIIANS ARE UNIQUE AND TOO MANY
  INDIGENOUS LANGUAGES ARE IN JEOPARDY OF DISAPPEARING
  ALTOGETHER 4HE (AWAIIAN LANGUAGE IS A SINGLE UNIFYING
  LANGUAGE FOR THE EIGHT ISLANDS OF (AWAII 0OLICY AND RESOURCES
  ARE NEEDED TO RESTORE AND PRESERVE INDIGENOUS LANGUAGES AND
  CULTURES

s 4HERE IS AN INCREASING NEED FOR QUALITY TEACHERS IN ALL PUBLIC
  FEDERALLY FUNDED AND TRIBAL SCHOOLS WHERE NATIVE CHILDREN
  ARE ENROLLED $UE TO RURAL ISOLATION LOW TEACHER SALARIES HIGH
  POVERTY AREAS AND DIFFERENCES IN LANGUAGES AND CULTURES IT IS
  DIFlCULT TO RETAIN A TEACHERS IN SCHOOLS SERVING .ATIVE STUDENTS
  &URTHER THE NEED FOR SPECIAL EDUCATION TEACHERS IS GROWING
  SINCE THE REPRESENTATION OF SPECIAL EDUCATION FOR .ATIVE
  STUDENTS IS  PERCENT IN MANY SCHOOLS ALMOST DOUBLE THE REST
  OF THE STUDENT POPULATION AT  PERCENT

s .ATIVE SCHOOLS CONTINUE TO BE PLAGUED BY SAFETY CONCERNS
  WITH SUSPENSION AND EXPULSION RATES SECOND ONLY TO !FRICAN
  !MERICAN STUDENTS AND THEY HAVE THE HIGHEST PERCENTAGE
  OF ALL GROUPS TO REPORT INJURIES WITH WEAPONS AND lGHTS ON
  SCHOOL GROUNDS )N   PERCENT OF !MERICAN )NDIAN AND
  !LASKA .ATIVE HIGH SCHOOL STUDENTS REPORTED BEING THREATENED
  OR INJURED WITH A WEAPON ON SCHOOL GROUNDS IN THE PREVIOUS
  TWELVE MONTHS COMPARED TO  PERCENT OF BLACK  PERCENT OF
  (ISPANIC AND  PERCENT OF WHITE STUDENTS 53 $EPARTMENT OF
  %DUCATION .ATIONAL #ENTER FOR %DUCATION 3TATISTICS  

                                                                      9

Types of Schools for Native Students

     Public Schools on Tribal Lands

     0UBLIC SCHOOLS ON TRIBAL LANDS ARE FUNDED BY INDIVIDUAL STATES
     AND ARE SUBJECT TO STATE STANDARDS AND ASSESSMENTS 4HESE
     SCHOOLS ARE OPERATED AND FUNDED LIKE THE PUBLIC SCHOOLS THAT ARE
     NOT LOCATED ON TRIBAL LANDS 0UBLIC SCHOOLS ON AND NEAR TRIBAL
     LANDS DO RECEIVE FEDERAL IMPACT AID DOLLARS TO PARTIALLY REDRESS
     THE EFFECT OF TRIBAL TRUST LANDS ON STATE AND LOCAL TAX REVENUES

     Bureau of Indian Affairs Schools

     4HERE ARE ONLY TWO EDUCATION SYSTEMS FOR WHICH THE FEDERAL
     GOVERNMENT HAS DIRECT RESPONSIBILITY $EPARTMENT OF $EFENSE
     SCHOOLS AND FEDERAL AND TRIBALLY OPERATED SCHOOLS THAT SERVE
     !MERICAN )NDIAN STUDENTSˆTHE "UREAU OF )NDIAN %DUCATION
     ")% AT THE $EPARTMENT OF )NTERIOR ")% WAS RECENTLY ESTABLISHED
     THROUGH REORGANIZATION OF WHAT HAD BEEN THE EDUCATION
     RESPONSIBILITIES OF THE "UREAU OF )NDIAN !FFAIRS ")! 

     4HE FEDERAL GOVERNMENTS RESPONSIBILITY FOR THE EDUCATION
     OF .ATIVE PEOPLES CAME ABOUT IN RESPONSE TO SPECIlC TREATY
     RIGHTS AS WELL AS NUMEROUS STATUTES COURT DECISIONS AND OTHER
     COMMITMENTS ")% HAS THE RESPONSIBILITY FOR  ELEMENTARY AND
     SECONDARY SCHOOLS AND DORMITORIES AS WELL AS SOME OF THE TRIBAL
     COLLEGES LOCATED ON  RESERVATIONS IN  STATES AND REPRESENTING
      DIFFERENT TRIBES

     BIE Operated Schools ARE "UREAU OF )NDIAN %DUCATION OPERATED
     AND FUNDED ELEMENTARY SECONDARY DAY OR BOARDING SCHOOLS OR
     "UREAU OPERATED DORMITORIES FOR STUDENTS ATTENDING A SCHOOL
     OTHER THAN A "UREAU SCHOOL
10

Types of Schools for Native Students
                          (continued)

Tribal Contract or Grant Schools ARE ELEMENTARY SCHOOLS
SECONDARY SCHOOLS OR DORMITORIES THAT RECEIVE OPERATING FUNDS
UNDER A CONTRACT OR GRANT WITH ")%")! UNDER THE )NDIAN 3ELF
n$ETERMINATION AND %DUCATION !SSISTANCE !CT ; 53#  ET
SEQ= OR UNDER THE 4RIBALLY #ONTROLLED 3CHOOLS !CT OF  ;
53#  ET SEQ=

Tribally Controlled Community Colleges ARE LOCATED ON OR NEAR
RESERVATION COMMUNITIES TO PROVIDE POST SECONDARY LEARNING
OPPORTUNITIES FOR !MERICAN )NDIAN AND !LASKA .ATIVE STUDENTS
4HERE ARE CURRENTLY 

                                                                 11

Indian Education Legislation and
                    Executive Orders

     s Johnson-O’Malley (JOM) Act (1934): 4HIS LAW WAS CREATED AS A
       BASIC FEDERAL AID PROGRAM WITH FUNDS PRIMARILY EARMARKED FOR
       EDUCATION BUT THEY COULD BE USED FOR OTHER PURPOSES SUCH AS
       MEDICAL ATTENTION AGRICULTURAL ASSISTANCE AND SOCIAL WELFARE

     s PL 81-874 (1958): 4HIS LAW AMENDED */- TO INCLUDE ASSISTANCE
       FOR EDUCATING )NDIAN CHILDREN AND THE *OHNSON /-ALLEY
       PROGRAM BECAME A SUPPLEMENTAL AID PROGRAM

     s Special Senate Subcommittee on Indian Education (1969): 4HIS
       COMMITTEE ISSUED A lNAL REPORT )NDIAN %DUCATION ! .ATIONAL
       4RAGEDYˆA .ATIONAL #HALLENGE THAT FOCUSED NATIONAL ATTENTION
       ON THE EDUCATIONAL SITUATION OF !MERICAN )NDIAN AND !LASKA
       .ATIVE STUDENTS

     s Indian Education Act (1972): %STABLISHED THE /FlCE OF )NDIAN
       %DUCATION WITHIN THE 53 $EPARTMENT OF %DUCATION AS WELL AS
       THE .ATIONAL !DVISORY #OUNCIL ON )NDIAN %DUCATION 6ARIOUS
       PARTS OF THE !CT AUTHORIZED A FORMULA PROGRAM AND SEVERAL
       COMPETITIVE GRANT PROGRAMS FOR )NDIAN CHILDREN AND ADULTS

     s PL 93-380 (1974): 4HIS LAW AMENDED THE )NDIAN %DUCATION !CT TO
       ADD A TEACHER TRAINING PROGRAM AND A FELLOWSHIP PROGRAM

12

Indian Education Legislation and
               Executive Orders
                           (continued)

s Tribally Controlled Community College Assistance Act of
  1978, ALSO KNOWN AS THE 4RIBAL #OLLEGE !CT IS THE LEGISLATION
  THAT AUTHORIZES 4ITLE ) CORE OPERATIONAL FUNDS FOR  4RIBAL
  #OLLEGES  4ITLE )) CORE OPERATIONAL FUNDS FOR $INE #OLLEGE
  4ITLE ))) 4RIBAL #OLLEGE ENDOWMENT GRANTS AND  4ITLE )6
  COMMUNITY ECONOMIC DEVELOPMENT AND SUPPORT )N ADDITION
  FUNDS ARE AUTHORIZED FOR FACILITIES RENOVATION AND TECHNICAL
  ASSISTANCE

s PL 100-297 (1988): 4HIS LAW MADE ")! FUNDED SCHOOLS ELIGIBLE
  TO APPLY FOR FORMULA GRANTS AND CREATED AN AUTHORIZATION FOR
  GIFTED AND TALENTED EDUCATION

s Native Hawaiian Education Act (1988): 4HIS LAW SUPPORTS
  THE AUTHORIZATION AND DEVELOPMENT OF INNOVATIVE EDUCATIONAL
  PROGRAMS TO ASSIST .ATIVE (AWAIIANS )T WAS REAUTHORIZED AS
  4ITLE 6)) 0ART " OF THE .O #HILD ,EFT "EHIND !CT

s Native American Languages Act, PL 101-477(1990): 4HIS
  LAW SUPPORTS THE USE OF .ATIVE !MERICAN LANGUAGES AS A
  MEDIUM OF INSTRUCTION IN ORDER TO ENCOURAGE AND SUPPORT
  .ATIVE !MERICAN LANGUAGE SURVIVAL EDUCATIONAL OPPORTUNITY
  INCREASED STUDENT SUCCESS AND PERFORMANCE INCREASED STUDENT
  AWARENESS AND KNOWLEDGE OF THEIR CULTURE AND HISTORY AND
  INCREASED STUDENT AND COMMUNITY PRIDE

                                                                    13

Indian Education Legislation and
                    Executive Orders
                               (continued)

     s PL 102-524 (1992): 4HIS LAW AMENDS THE .ATIVE !MERICAN
       ,ANGUAGES !CT TO PROVIDE FOR GRANTS TO ASSIST .ATIVE
       !MERICANS IN ASSURING THE SURVIVAL AND CONTINUING VITALITY OF
       THEIR LANGUAGES

     s PL 103-382 (1994): 4HIS LAW REAUTHORIZED THE )NDIAN %DUCATION
       !CT AS 4ITLE )8 0ART ! OF %3%! 4HE REAUTHORIZATION OF THE
       FORMULA GRANTS WAS AMENDED TO REQUIRE A COMPREHENSIVE PLAN
       TO MEET THE ACADEMIC AND CULTURALLY RELATED ACADEMIC NEEDS OF
       !MERICAN )NDIAN AND !LASKA .ATIVE STUDENTS

     s Alaska Native Educational Equity, Support, and Assistance
       Act (1994): 4HE PURPOSE OF THIS ACT IS TO RECOGNIZE THE
       UNIQUE EDUCATIONAL NEEDS OF !LASKA .ATIVES AUTHORIZE THE
       DEVELOPMENT OF SUPPLEMENTAL EDUCATIONAL PROGRAMS TO BENElT
       !LASKA .ATIVES SUPPLEMENT EXISTING PROGRAMS AND AUTHORITIES
       IN THE AREA OF EDUCATION AND PROVIDE DIRECTION AND GUIDANCE
       TO APPROPRIATE FEDERAL STATE AND LOCAL AGENCIES TO FOCUS
       RESOURCES INCLUDING RESOURCES MADE AVAILABLE UNDER THIS ACT
       TO MEET THE EDUCATIONAL NEEDS OF !LASKA .ATIVES 4HIS LAW WAS
       REAUTHORIZED AS 4ITLE 6)) 0ART # OF THE .O #HILD ,EFT "EHIND
       !CT OF 

     s Executive Order on Tribal Colleges and Universities .O
        WAS INITIALLY ISSUED /CTOBER   BY 0RESIDENT
       #LINTON WITH 0RESIDENT "USH SIGNING A SECOND ON *ULY  
       .O   4HE %XECUTIVE /RDER REAFlRMS THE IMPORTANT ROLE

14

Indian Education Legislation and
               Executive Orders
                          (continued)

  4RIBAL COLLEGES PLAY IN RESERVATION DEVELOPMENT BY DIRECTING
  ALL &EDERAL DEPARTMENTS AND AGENCIES TO INCREASE THEIR SUPPORT
  TO THE COLLEGES 4HE %XECUTIVE /RDER IS AN IMPORTANT REMINDER
  THE TRIBAL COLLEGES ARE CONSTITUENTS OF THE ENTIRE &EDERAL
  GOVERNMENT AND ELEVATES THE PROlLE AS ACCREDITED HIGHER
  EDUCATION INSTITUTIONS

s President’s Executive Order on Indian Education (2000): !S
  A RESULT OF THE 7HITE (OUSE #ONFERENCE ON )NDIAN %DUCATION
  THE %XECUTIVE /RDER WAS DESIGNED TO ESTABLISH FEDERAL INTER
  AGENCY COORDINATION OF ALL )NDIAN EDUCATION INCLUDING
  RESEARCH AND REGIONAL FORUMS FOR STATE LEVEL COORDINATION

s PL 107-110 Indian Education (2001): 4HIS LAW WAS
  REAUTHORIZED AS 4ITLE 6)) 0ART ! OF THE .O #HILD ,EFT "EHIND
  !CT 4HE FORMULA GRANTS WERE TO BE BASED UPON THE CHALLENGING
  STATE CONTENT STANDARDS AND STUDENT ACADEMIC ACHIEVEMENT
  STANDARDS USED FOR ALL STUDENTS 4HE GRANTS WERE TO ASSIST
  )NDIAN STUDENTS IN MEETING THOSE STANDARDS

s President’s Executive Order on American Indian and Alaska
  Native Education, No. 13336 (2004): 4HIS %XECUTIVE /RDER
  WAS DESIGNED TO ASSIST !MERICAN )NDIAN AND !LASKA .ATIVE
  STUDENTS IN MEETING THE CHALLENGING STUDENT ACADEMIC
  STANDARDS OF THE .O #HILD ,EFT "EHIND !CT IN A MANNER THAT IS
  CONSISTENT WITH TRIBAL TRADITIONS LANGUAGES AND CULTURES

                                                                   15

Indian Education Legislation and
                    Executive Orders
                               (continued)

     s Esther Martinez Native American Languages Act, PL 109-
       394 (2006): 4HIS LAW PROVIDES FOR GRANTS FOR .ATIVE LANGUAGE
       IMMERSION SCHOOLS LANGUAGE NESTS AND LANGUAGE RESTORATION
       PROGRAMS

     s Head Start Act (1965): 4HE (EAD 3TART !CT AUTHORIZES THE
       )NDIAN (EAD 3TART PROGRAMS WHICH OPERATE ON  OF THE 
       FEDERALLY RECOGNIZED TRIBES

16

Frequently Asked Questions about Indians

 What is federal recognition?
 s &EDERAL RECOGNITION OF AN )NDIAN TRIBE INVOLVES OFlCIAL
   ACKNOWLEDGEMENT BY THE 53 OF THE POLITICAL STATUS OF THAT
   TRIBE AS A GOVERNMENT -EMBERS OF A FEDERALLY RECOGNIZED
   TRIBE ARE ELIGIBLE FOR FEDERAL PROGRAMS DESIGNED TO FULlLL THE
   FEDERAL hTRUST RESPONSIBILITYv TO TRIBES INCLUDING THOSE OFFERED
   FOR )NDIAN PEOPLE BY THE )NDIAN (EALTH 3ERVICES 4HE PROCESS
   OF ATTAINING FEDERAL RECOGNITION IS LONG COMPLEX EXTREMELY
   DIFlCULT AND DOES NOT NECESSARILY GUARANTEE SUCCESS

 What is the trust responsibility?
 s 4HE FEDERAL TRUST RESPONSIBILITY DERIVES FROM THE lDUCIARY
   RELATIONSHIP BETWEEN THE 53 AND )NDIAN TRIBES WHICH HAS
   BEEN LIKENED IN COURT CASES TO THE RELATIONSHIP BETWEEN A
   TRUSTEE AND A BENElCIARY 3INCE THE 53 HOLDS THE VAST MAJORITY
   OF )NDIAN LANDS MONEY AND RESOURCES IN hTRUSTv STATUS IT IS
   REQUIRED TO MANAGE THOSE LANDS AND RESOURCES IN A MANNER
   MOST BENElCIAL TO THE TRIBES AND INDIVIDUAL )NDIAN PEOPLE

 s What is the government-to-government relationship?
   4HE GOVERNMENT TO GOVERNMENT RELATIONSHIP BETWEEN )NDIAN
   TRIBAL GOVERNMENTS AND THE 53 GOVERNMENT HAS EXISTED SINCE
   THE FORMATION OF THE 53 AND HAS BEEN REAFlRMED BY EVERY
   PRESIDENT SINCE 2ICHARD .IXON 4HE 53 GOVERNMENT AND ALL OF
   THE EXECUTIVE AGENCIES HISTORICALLY DEALT AND CONTINUE TO DEAL
   WITH )NDIAN TRIBES NOT AS SPECIAL INTEREST GROUPS OR INDIVIDUALS
   BUT AS THEY TREAT THE STATESˆAS GOVERNMENTS

Source: National Congress of American Indians, Indian Country 101
                                                                      17

Frequently Asked Questions about Indians
                                        (continued)

     s 7HAT IS TRIBAL SOVEREIGNTY
       0RIOR TO THE ARRIVAL OF %UROPEANS )NDIAN TRIBES ENJOYED ALL THE
       RIGHTS OF ANY SOVEREIGN POWER WITHIN THEIR TERRITORIES 4HROUGH
       THE COURSE OF %UROPEAN EXPANSION AND THE ESTABLISHMENT
       OF THE 53 THOSE POWERS HAVE BEEN PARTIALLY DIMINISHED
       .OTABLY HOWEVER IN ALMOST EVERY CASE IF #ONGRESS HAS
       NOT ACTED EXPRESSLY TO DIMINISH THE SOVEREIGN POWER OF A
       TRIBE THAN THE TRIBE RETAINS THAT POWER #ONGRESS ALSO MAY
       EXPRESSLY REAFlRM INHERENT POWERS OF TRIBES AND HAS DONE SO IN
       RECOGNIZING CERTAIN POWERS OF TRIBES IN ENVIRONMENTAL STATUTES
       4ODAY TRIBES HAVE SUBSTANTIAL POWER TO REGULATE TRIBAL LAND
       TAXES ZONING RESOURCES AND THE CONDUCT OF TRIBAL MEMBERS
       4RIBES ALSO RETAIN POWER IN CERTAIN SITUATIONS TO REGULATE THE
       CONDUCT OF NONMEMBERS INCLUDING NON )NDIANS ALTHOUGH
       THE JURISDICTIONAL BOUNDARY HAS BEEN SUBJECT TO SUBSTANTIAL
       ADJUSTMENT IN RECENT FEDERAL COURT CASES AND REMAINS ONE OF THE
       MOST LITIGATED AREAS IN FEDERAL )NDIAN LAW

     s 7HAT IS MEANT BY SELF DETERMINATION AND SELF GOVERNANCE
       &IRST DEVELOPED UNDER 0RESIDENT .IXON IN CONSULTATION WITH
       )NDIAN TRIBAL LEADERS THE )NDIAN 3ELF $ETERMINATION AND
       %DUCATION !SSISTANCE !CT WAS SIGNED BY 0RESIDENT &ORD IN
        4HIS ACT PROMOTES THE CONTRACTING BY )NDIAN TRIBES OF
       FEDERAL PROGRAMS ENACTED FOR THE BENElT OF )NDIAN PEOPLE !S
       A RESULT FOR THE PAST  YEARS TRIBES HAVE BEEN CONTRACTING TO
       OPERATE PROGRAMS DIRECTLY AT THE TRIBAL LEVEL -ORE RECENTLY
       SELF GOVERNANCE POLICIES HAVE BEEN ENACTED ENABLING TRIBES TO
       ENTER INTO ONE AGREEMENT WITH THE $EPARTMENT OF THE )NTERIOR TO
       MANAGE AND REDESIGN ")! AND WITH THE $EPARTMENT OF (EALTH
       AND (UMAN 3ERVICES WITH REGARD TO )NDIAN (EALTH 3ERVICE
       PROGRAMS RATHER THAN TO ENTER INTO SEPARATE CONTRACTS FOR EACH
       PROGRAM
18   Source: National Congress of American Indians, Indian Country 101

Frequently Asked Questions about Indians
                                    (continued)

s $OES THE FEDERAL GOVERNMENT PAY ALL EXPENSESˆHEALTH CARE
  HOUSING AND COLLEGE TUITIONˆFOR INDIVIDUAL )NDIANS
  )N GENERAL NO 4HE FEDERAL GOVERNMENT PROVIDES BASIC HEALTH
  CARE FOR ALL )NDIAN PEOPLE THROUGH THE )NDIAN (EALTH 3ERVICE
  5NFORTUNATELY THESE HEALTH PROGRAMS HAVE BEEN INADEQUATELY
  FUNDED FOR MANY DECADES AND )NDIAN PEOPLE HAVE THE WORST
  HEALTH STATUS OF ANY GROUP IN THE COUNTRY AS A RESULT 4HE
  $EPARTMENT OF (OUSING AND 5RBAN $EVELOPMENT PROVIDES
  SOME HOUSING ON )NDIAN RESERVATIONS BUT )NDIANS HAVE THE
  HIGHEST RATE OF HOMELESSNESS AND OVERCROWDING 4HE FEDERAL
  GOVERNMENT PROVIDES SOME EDUCATIONAL ASSISTANCE TO TRIBAL
  COLLEGES BUT HIGHER EDUCATION GENERALLY IS NOT PROVIDED AND
  REMAINS BEYOND THE REACH OF MOST )NDIAN PEOPLE

s $OES THE FEDERAL GOVERNMENT PAY FOR )NDIAN EDUCATION
  4HERE ARE APPROXIMATELY   !MERICAN )NDIAN AND !LASKA
  .ATIVE STUDENTS ATTENDING +n PROGRAMS IN THE 53  
  OF THESE ATTEND PUBLIC SCHOOLS WHILE   ATTEND ")%
  FUNDED SCHOOLS 7ITHIN THE ")% SCHOOL SYSTEMˆONE OF ONLY
  TWO FEDERALLY OPERATED SCHOOL SYSTEMSˆFUNDING FOR )NDIAN
  SCHOOLS IS THE SOLE RESPONSIBILITY OF THE FEDERAL GOVERNMENT
  WHILE BOTH STATE AND FEDERAL RESOURCES PROVIDE PUBLIC SCHOOL
  EDUCATION FUNDING ,OCAL EDUCATION AGENCIES ,%!S AND
  THEIR SURROUNDING COMMUNITIES ALSO HAVE THE ABILITY TO
  PASS BOND INITIATIVES IN ORDER TO BUILD OR REPAIR LOCAL SCHOOL
  BUILDINGS 4RIBAL AND ")! SCHOOLS ON THE OTHER HAND MUST
  RELY ON THE FEDERAL GOVERNMENT TO ENSURE THAT THEIR ACADEMIC
  AND CONSTRUCTION NEEDS ARE BEING MET ! BACKLOG OF NEARLY 
  BILLION IN SCHOOL CONSTRUCTION AND IMPROVEMENT NEEDS AS WELL
  AS SHORTFALLS IN CLASSROOM AND ADMINISTRATION DOLLARS SPEAK TO
  THE NEED FOR INCREASED FEDERAL COMMITMENT TO SUPPORT THE ")%
  SCHOOL SYSTEM
Source: National Congress of American Indians, Indian Country 101
                                                                    19

Frequently Asked Questions about Indians
                                        (continued)

     s 7HAT IS THE 4RIBAL #OLLEGES AND 5NIVERSITIES -OVEMENT
       4HE lRST TRIBAL COLLEGE WAS ESTABLISHED IN  IN RESPONSE
       TO UNMET HIGHER EDUCATION NEEDS OF !MERICAN )NDIANS
       4RIBAL COLLEGES AND UNIVERSITIES 4#5S GENERALLY SERVE
       GEOGRAPHICALLY ISOLATED POPULATIONS THAT HAVE NO OTHER
       MEANS OF ACCESSING EDUCATION AT THE POST SECONDARY LEVEL
       !S A RESULT THEY ARE ESSENTIAL IN PROVIDING EDUCATIONAL
       OPPORTUNITIES FOR !MERICAN )NDIAN STUDENTS 4#5S PROVIDE
       HIGHER EDUCATION THAT IS UNIQUELY TRIBAL 4HEY STRIVE TO
       PROVIDE CULTURALLY RELEVANT CURRICULA EXTENDED FAMILY SUPPORT
       SYSTEMS AND COMMUNITY EDUCATIONAL SERVICES TO OVERCOME THE
       SOCIOECONOMIC CHALLENGES THAT FACE MANY !MERICAN )NDIANS

       #URRENTLY THE  4#5S OFFER TWO YEAR ASSOCIATE DEGREES IN
       MORE THAN  MAJORS TO NEARLY   STUDENTS WITH SIX
       COLLEGES OFFERING BACCALAUREATE DEGREES AND TWO OFFERING
       MASTERS DEGREES !DDITIONALLY APPROXIMATELY  VOCATIONAL
       CERTIlCATE PROGRAMS ARE OFFERED THROUGH TRIBAL COLLEGES

       4HE !MERICAN )NDIAN (IGHER %DUCATION #ONSORTIUM !)(%#
       SERVES AS THE COLLECTIVE AND UNIFYING VOICE OF THE  COLLEGES
       AND UNIVERSITIES !)(%# PROVIDES LEADERSHIP AND INmUENCES
       PUBLIC POLICY ON !MERICAN )NDIAN HIGHER EDUCATION ISSUES
       THROUGH ADVOCACY RESEARCH AND PROGRAM INITIATIVES PROMOTES
       AND STRENGTHENS INDIGENOUS LANGUAGES CULTURES COMMUNITIES
       AND TRIBAL NATIONS AND THROUGH ITS UNIQUE POSITION SERVES
       MEMBER INSTITUTIONS AND EMERGING 4#5S

     Source: National Congress of American Indians, Indian Country 101
20

Native Organizations to Know

National Indian Education Association
 -ARYLAND !VENUE .% 3UITE 
7ASHINGTON $# 
   PHONE
WWWNIEAORG

United South and Eastern Tribes, Inc.
 3TEWARTS &ERRY 0IKE 3UITE 
.ASHVILLE 4. 
   PHONE
WWWUSETINCORG

American Indian Higher Education Consortium
 /RONOCO 3TREET
!LEXANDRIA 6! 
   PHONE
   FAX
WWWAIHECORG

National Congress of American Indians
 #ONNECTICUT !VE .7 3UITE 
7ASHINGTON $# 
   PHONE
   FAX
WWWNCAIORG

.ATIONAL )NDIAN (EAD 3TART $IRECTORS !SSOCIATION .)(3$!
0 / "OX 
.ORMAN /+ 
   PHONE
   FAX
INFO THREEFEATHERSCOM

National Indian Impacted Schools Association
7APATO 3CHOOL $ISTRICT
0 / "OX 
7APATO 7! 
   PHONE
   FAX
BGISH MAHNOMENKMNUS

                                                           21

Native Organizations to Know
                                (continued)

     National Indian School Board Association
     0 / "OX 
     0OLSON -4 
        PHONE
        FAX
     #ARMEN?TAYLOR SKCEDU

     American Indian Graduate Center
     3PECIAL (IGHER %DUCATION 0ROGRAM
      -ONTGOMERY .%
     !LBUQUERQUE .- 
        PHONE
        FAX
     WWWAIGCCOM

     National Johnson O’Malley Association
     #ARLA -ANN 3ECRETARY
     0/ "OX 
     &ORT 7ASHAKIE 79 
     0HONE   
     &AX   
     WWWNJOMACOM

     Native Hawaiian Education Association
     0/ "OX 
     (ONOLULU () 
     WWWNHEA.ET

     Native Hawaiian Education Council
     WWWNHECORG

     Alaska Federation of Natives
      # 3TREET 3UITE 
     !NCHORAGE !+ 
     0HONE 
     &AX 
     !&.)NFO .ATIVE&EDERATIONORG
     WWWNATIVEFEDERATIONORG

22

Notes

        23

Notes

24

1201 16th Street, N.W.
Minority Community Outreach
Washington, DC 20036
                              09.07.82937.KC