Federal Comprehensive Indian Education
Policy Statement (FCIEPS)
The Dear Colleague letter explains the history and processes before
final submission to the President. Any comments/endorsements should be
submitted to the following people:
* NCAI: James Kawahara, Managing Attorney, Native American Rights
Fund (NARF) 1712 N. St., N.W., Washington, DC 20036-2976, Ph (202)
785-4166 or fax: (202) 822-0068, and
* NIEA: Lorraine Edmo, Executive Director, National Indian Education
Association (NIEA), 121 Oronoco St., Alexandria, VA 22314, Ph:
(703) 838-2870, Fax: (703) 838-1620, E-Mail: niea@interramp.com.
The CFIEPS primary organizations and advisory group would like to
thank Dominic Nessi, his staff and the Code Talk Web Site for allowing
this document to be published online. August 1, 1996
_________________________________________________________________
August 1, 1996
Dear Indian Educator:
After two years of work by tribal government leaders and Native
educators, the final Comprehensive Federal Indian Education Policy
Statement (CFIEPS) is ready for consideration by Indian Country. All
tribes and Indian organizations are being asked to take official
action to adopt the statement for submission to the White House and
all federal agencies.
This unique policy statement is the outcome of tribal-federal
consultations beginning with the historic White House/Tribal Leaders
Summit in April 1994. Because the education of American Indians and
Alaska Natives was not addressed in depth, follow-up meetings with
representatives of the Clinton Administration pointed to the need for
a comprehensive federal Indian education policy developed by Indian
Country.
Leaders of the National Congress of American Indians (NCAI), the
National Indian Education Association (NIEA), and the National
Advisory Council on Indian Education (NACIE) accepted the challenge of
coordinating the development of a policy statement. In a critical and
valuable supporting role, the Native American Rights Fund (NARF)
provided the legal research for this initiative. Continuous
consultation with tribes and Indian organizations were held throughout
a two-year "listening" period.
Your tribe or organization is being asked to endorse this
comprehensive federal Indian education policy statement that provides
a framework for how all federal agencies will address the education of
American Indians and Alaska Natives in federal programs, policy and
regulatory development, appropriations requests, and future
legislative initiatives.
The Policy Statement is comprised of these key features:
1. It is anchored in the fundamental principles of tribal sovereignty
and the government-to-government relationship between Indian
Nations and the United States Government.
2. It incorporates relevant treaty obligations, federal laws,
findings of past Congressional studies, federal reports,
conference and summit proceedings, resolutions, and public
comments related to the education of all American Indian and
Alaska Native people in reservation, rural, and urban settings.
3. It is based on the 1994 Presidential Memorandum and existing
policy statements of various federal agencies.
4. It is flexible enough to enable tribes to pursue specific issues
of treaty obligations, federal and state legislation, tribal
jurisdiction, federal funding, local control, tribal cultures and
Native language preservation, education standards, research,
accreditation, and repatriation.
5. It encompasses the entire spectrum of Indian education from pre-
natal to postsecondary and lifelong learning as provided by
federal, tribal, and state education systems.
6. It is a product of sustained collaboration between tribal
government leaders and Native educators over the past two years.
Four drafts of the document were circulated to solicit input
directly from all tribes, national and regional Indian
organizations, tribal education departments, state Indian
education organizations, tribal schools and colleges, and Indian
parent committees.
7. It serves as a cornerstone of the "national Indian education
blueprint" being facilitated by the National Indian Education
Association (NIEA) in partnership with tribal governments and
Indian education organizations for shaping the future of
educational opportunities for all Native people.
With the successful endorsements at the 1996 NIEA and NCAI conventions
this fall, it is proposed that the CFIEP statement be introduced at
the White House level, where the Indian policy initiative was started
two years earlier. This task will be delayed pending the conclusion of
this presidential and congressional election year. Meanwhile, the
national alliance partners are prepared to continue the development of
Phase Two: Implementation Plan for the CFIEP statement in 1997.
If you have any questions, please do not hesitate to contact the
following individuals: NCAI Executive Director JoAnn Chase at (202)
466- 7767, or NIEA Executive Director Lorraine Edmo at (703) 838-2870
(E-mail: niea@interramp.com).
We look forward to your support of this important and historic
development for Indian Country! Thank you for your time and attention.
Sincerely: W. Ron Allen, President National Congress of American
Indians and Allen Tsinigine, President, National Indian Education
Association
_________________________________________________________________
FINAL DRAFT JUNE 3, 1996 FINAL DRAFT
COMPREHENSIVE FEDERAL
INDIAN EDUCATION POLICY STATEMENT
INTRODUCTION:
American Indian and Alaska Native tribes are sovereign nations. The
United States Constitution, treaties, and other federal laws confirm
the inherent sovereignty of Indian nations. Tribal sovereignty is the
basis for the government-to-government relationship between Indian
nations and the United States. The United States also has a trust
relationship with Indian nations. Tribal sovereignty and the unique
federal-tribal relationship differentiate Indian nations legally and
politically from all other entities.
The United States Congress affirms that Indian education rights are
inherent in tribal sovereignty, the government-to-government
relationship, and are part of the trust relationship. Under treaties,
statutes, and executive orders the federal government has the
responsibility to provide education to American Indians and Alaska
Natives and to transfer control of education to those tribes that seek
it. Indian education policies are fragmented among various statutes,
orders, proclamations, agencies, and programs; among federal agencies,
implementation of these policies is misaligned, poorly executed, or
even nonexistent.
Federal agencies must implement Indian education policies, programs,
and funding in a manner that upholds and enhances congressional and
executive mandates. Federal Indian education policy implementation
must provide tribes with the resources for linking schools, tribal
traditions, knowledge, values, and health and social needs under a
holistic, student- centered approach. Policy implementation must also
support tribal decisions on the use of education to preserve tribal
homelands, governments, languages, cultures, economies, and social
structures.
Indian nations have the biggest stake in Indian education because
their children are their future. Strengthening educational achievement
must be the goal of all education systems that serve Indian students.
Upon tribal request, all education systems that serve Indian students
must incorporate tribal involvement, allow tribal decision-making, and
be accountable to tribes to assure education opportunities for all
native children. The resource of human potential represented by the
emerging generation of native children can not be wasted or stunted
because education policies are poorly implemented or ignored. The
recognition of tribal sovereignty and the importance of native culture
by the federal government are fundamental to assure quality
educational opportunities.
This comprehensive policy is intended to make the federal government
support tribal involvement in Indian education as provided in existing
federal laws. Implementing the policy will facilitate increased
federal agency and program accountability to tribes for Indian
education.
POLICY: RECOGNITION AND SUPPORT OF TRIBAL SOVEREIGNTY
1. Federal agencies shall recognize and acknowledge the inherent
sovereignty of all American Indian and Alaska Native tribes
including, but not limited to, the rights to self determination
and self-government. Federal agencies shall also recognize and
acknowledge the government-to government relationship between
American Indian and Alaska Native tribal governments and the
United States. In recognizing these attributes of tribal
sovereignty, federal agencies shall consult and work directly with
tribal governments on education issues that affect Indian students
by:
a. developing an institutional knowledge that tribes retain
significant amounts of sovereignty from their original status
as independent nations; that tribal sovereignty is, thus,
inherent and not delegated; that tribes retain all attributes
of sovereignty not otherwise relinquished; that the internal
sovereignty retained by American Indian and Alaska Native
tribes includes, but is not limited to, power and authority
over education; that the United States government continues
to acknowledge and confirm tribal sovereignty,
self-determination, and self-government in numerous treaties,
congressional agreements, executive orders, and court
decisions as well as congressional acts;
b. developing an institutional knowledge that native languages,
cultures, and traditions are extremely diverse and unique and
that these occupy a unique status in the history and law of
the United States as the original languages, cultures, and
traditions of North America;
c. developing an institutional capacity to identify, research,
plan for, and address general Indian concerns regarding
education as well as those concerns unique to each individual
American Indian and Alaska Native tribal government; and
d. assigning specific staff positions and members to coordinate
each federal agency's work with tribal governments,
departments, and agencies and with tribal federal
partnerships.
RECOGNITION AND SUPPORT OF SELF-DETERMINATION
2. Upon tribal request, federal agencies shall take steps to
encourage and assist tribes to assume control of education
programs and governance of Indian education by:
a. negotiating with individual tribal governments to transfer
education programs, funding, functions, services, facilities,
and administrative responsibilities to tribes;
b. providing direct funding for tribal education departments;
c. supporting tribal control of Indian education by allowing
tribes the freedom and self determination to develop their
own curriculum, their own requirements and certification of
educators and administrators without excessive accountability
to the federal government or with accountability using
standards developed by individual tribes and tribal
organizations;
d. providing staff work and technical assistance to tribal
governments for developing, monitoring, and enforcing
education codes and program administration capabilities; and
e. implementing procedures that are necessary to provide direct
funding for tribal education departments, without excessive
accountability, and to assist tribes with program
administration and education governance.
FEDERAL SUPPORT OF NATIVE LANGUAGES AND CULTURES
3. Upon tribal request, federal agencies shall take steps to
preserve, protect, and promote native languages and cultures,
including:
a. providing direct funding to tribes and Indian education
programs for developing, certifying, and maintaining native
language and culture programs and curricula;
b. providing staff work and technical assistance to tribes and
Indian education programs for developing, certifying, and
evaluating native language and culture programs and
curricula;
c. transferring native language and culture programs and funding
to tribes to use at each tribe's discretion in schools and
education programs at any level;
d. encouraging non-tribal governments and entities serving
Indian students to recognize the unique status of native
languages and cultures, to include native languages and
cultures in programs and curricula upon tribal request, and
to grant full academic credit and fulfillment of entrance or
degree requirements to native language and culture courses;
and
e. encouraging states to provide for appropriate certification
of instructors of native language and culture, including
allowing / accepting tribal certification of native language
and culture instructors.
FEDERAL - TRIBAL CONSULTATION PROCESS
4. Federal agencies shall take steps to improve the statutory and
executive tribal consultation process with the goal of obtaining
the consent of tribal governments whenever proposed federal
actions, policies, rules, or decisions affect Indian education,
including:
a. directly and timely consulting with tribal governments and
Indian education entities regarding all proposed education
actions, policy developments, rule making, and decisions;
b. promptly summarizing consultation results and reporting to
tribes and Indian education entities on actions that agencies
will take to implement the recommendations of tribes and
programs that resulted from consultations;
c. encourage tribal representatives to meet with federal
agencies to ensure tribal directives are being implemented;
and
d. organizing and funding federal / tribal partnerships to
review and improve the consultation process.
FEDERAL ACKNOWLEDGMENT AND SUPPORT OF TRIBAL EDUCATION LAWS
5. Federal agencies shall work with tribal governments to ensure that
non-tribal governments and entities, come into compliance with
each tribe's education laws by:
a. requiring such compliance in relevant regulations; and,
b. assisting tribal governments to develop enforcement
capabilities and cooperative plans / agreements with
non-tribal governments and entities to overcome compliance
problems.
ROLES OF BOARDS, EDUCATORS, AND PARENTS
6. Federal agencies shall recognize the key roles of school boards,
post-secondary boards, educators, and parents in schools and
education programs that are operated through tribes / non-tribal
governments and entities by:
a. upon tribal request, facilitating discussions and planning
among tribal governments, boards, educators, and parents that
clarify the important roles of each in Indian education; and
b. upon tribal request, using the results of discussions and
planning to enhance the important roles of tribal
governments, boards, educators, and parents in Indian
education.
INDIAN EDUCATION OUTSIDE OF INDIAN COUNTRY
7. Federal agencies shall carry out statutory obligations to provide
education to Indian students residing outside of Indian country
by:
a. implementing the decisions of Indian parent committees and
Indian boards regarding education programs and funding; and,
b. recognizing and supporting decisions of tribes regarding
their members who are students residing outside of Indian
country.
COOPERATIVE INTER-GOVERNMENTAL AGREEMENTS
8. Upon tribal request, federal agencies shall take steps to foster
cooperative / reciprocal education agreements between tribal
governments and non-tribal governments and entities by:
a. facilitating discussions and planning among tribes,
non-tribal governments and entities, and education
organizations to clarify the important responsibilities of
each in Indian education;
b. providing funding, staff work, and technical assistance to
tribal governments for infrastructure that supports
inter-governmental education agreements, including the
functions of procurement;
c. implementing federal incentives for establishing and
complying with education agreements between tribal
governments and non- tribal governments and entities; and,
d. assisting tribes that seek such responsibility, requiring a
transition to tribal control of Indian education programs and
funding, and assisting tribes to develop the capacities
necessary to make the transition successful.
ESTABLISHMENT AND ACKNOWLEDGMENT OF INDIAN EDUCATION STANDARDS
9. Upon tribal request, federal agencies shall recognize, fund, and
work with tribal governments as the entities for setting education
standards in schools and programs serving Indian students by:
a. recognizing that tribes can exercise primary authority,
pursuant to current tribal regulations and criteria governing
Indian education and guidance from current federal Indian
education legislation, over education for its members in
establishing programs, educational standards and all other
forms of assistance designed to aid American Indian and
Alaska Native students;
b. developing a record to document all education standards and
decisions, along with policies, and practices that affect
Indian and Alaska Native students and provide that record for
review by tribal governments;
c. providing direct funding, staff, and technical assistance to
tribal governments to establish, monitor, and enforce tribal
education standards;
d. assisting tribal governments to use or incorporate tribal
education standards in schools and programs; and
e. directly involving tribal governments and incorporating
tribal input in future federal actions, decision making,
policy development and rule making that affect education
standards for American Indian and Alaska Native students.
INDIAN EDUCATION RESEARCH AND ANALYSIS
10. Federal agencies shall compile and organize research data bases,
and shall assist tribal governments to conduct research,
establish, and maintain data bases that accurately describe Indian
education by:
a. recognizing tribal laws that require Indian education
research to be conducted with the consent of and in
partnership with tribal governments;
b. upon tribal request, providing direct funding, staff, and
technical assistance to tribes to develop and maintain tribal
capacities to research Indian education;
c. documenting Indian student performance, needs, and progress
as well as documenting Indian education programs,
performance, needs and progress;
d. making available research, information, and analyses to use
as descriptions and baselines for evaluating education
programs and Indian student needs and achievement;
e. making available research, information, and analyses
regarding the best education practices, materials, assessment
practices, and initiatives that are relevant for Indian
students;
f. making available research, information, and analyses
regarding infrastructure needs, improvements, and funding
that are required to maintain, renovate, or replace schools
and other education facilities that serve Indian students;
g. establish an American Indian and Alaska Native ethnic/racial
category for all research, information, and analyses efforts
and where possible, establish tribal specific categories;
REMOVAL OF PROCEDURAL IMPEDIMENTS
11. Federal agencies shall take steps to remove or waive procedural
impediments to working directly and effectively with tribal
governments on Indian education by:
a. organizing and funding federal / tribal partnerships to
identify such impediments and recommend removal or waiver
options;
b. establishing a process for implementing tribal government
requests that procedural impediments regulations be removed
or waived in favor of tribal procedures; and,
c. directly involving tribal governments in future education
policy developments and rulemaking to ensure that new
impediments are not created.
FEDERAL PLANNING, BUDGETING, AND ADMINISTRATION OF INDIAN EDUCATION PROGRAMS
12. Federal agencies shall directly involve tribal governments and
Indian parent committees outside Indian country in future Indian
education planning, budgeting, and administration by:
a. following consultation requirements and tribal priorities
when planning, budgeting, and administering programs and when
identifying program needs; and,
b. implementing Indian education policies when planning,
budgeting, and administering programs and when identifying
program needs.
REPORT TO CONGRESS AND TRIBAL GOVERNMENTS
13. Federal agencies shall regularly consult with and report to tribal
governments and the Congress on each agency's annual activities in
implementing federal Indian education policies. Such reporting
shall include:
a. the level of program and funding for all Indian education
programs and activities;
b. the level of program and funding transferred to tribes;
c. the program and funding budgets, guidelines, criteria,
consultation methods, and other procedures that were
developed or revised to increase the transfer of programs and
funding to tribes and to increase tribal governance of
education;
d. identification of the tribal requests for assistance, and the
tribes, programs, and entities that were assisted to make
education policy / program changes that protect and promote
native language and culture programs and curricula;
e. the level of funding provided to and the number of tribes
assisted to establish tribal education departments and to
establish / enforce tribal education codes;
f. the program guidelines, criteria, consultation methods, and
other procedures that were developed or revised that kept key
roles for school boards, educators, and parents while
enabling the transfer of education programs and funding to
tribes upon request;
g. the program guidelines, criteria, and other procedures that
were developed or revised that enable tribal governments to
plan, monitor, and account for education programs and funding
that are administered outside of Indian country, the number
of tribes assisted, and the amount of direct funding that was
provided per tribe for carrying out these responsibilities;
h. the number and type of cooperative and reciprocal education
agreements that were established between tribal and
non-tribal governments or entities; the programs and funding
that were transferred to tribes; and, descriptions of
non-tribal government education accountability to tribes;
i. descriptions of how improved Indian education standards were
implemented in programs, and the number of tribes that were
assisted through the implementation;
j. descriptions of the number of tribes assisted in developing
education research capabilities, how research findings were
used to implement education improvements in programs, and the
number
k. the procedural impediments to tribal government control of
education that were identified and the impediments that were
removed or waived;
l. an analysis of the difference between Indian education
program budgetary needs versus the actual level of
appropriated funding, identification of what program
accomplishments were made, specific program deficiencies that
could not be addressed within the funding level provided, and
the number of tribes involved in documenting program needs
and developing program budgets;
m. an assessment of each agency's success and difficulty in
implementing this policy; and
n. the separate views of tribes regarding each agency's success
and problems in implementing this policy.