Federal Indian Education

1. The Snyder Act Public Law 67-85 25 U.S.C 13 November 2nd, 1921, Under Section 13. Expenditure of appropriations by the Bureau of Indian Affairs, this law enables the Bureau of Indian Affairs to “expend such moneys as Congress may from time to time appropriate, for the benefit, care, and assistance of the Indians throughout the United States for the following purposes: General support and civilization, including education.”
Two important amendments to this law are: any “institution of higher education” administered by the Secretary of the Interior is eligible for funds authorized by the Higher Education Act of 1965. (25 U.S.C. 13); and, Section 8 of Public Law 93-638 (enacted January 4, 1975) 88 Stat. 2206, adds that any funds appropriated for any fiscal year which are not obligated and expanded shall remain available for obligation and expenditure during a succeeding year.
2. The Johnson O'Malley Act of 1934, as amended. Provides federal funding for formula-based supplemental education programs to tribes and state public schools for the special educational needs of Indian students. Requires local Indian education committees to review applications and be involved in operations. Tribes receive preference when applying for JOM funding through the Bureau of Indian Affairs.
3. The Impact Aid Laws of 1950, Public Laws 81-874 and 81-815, as amended. Provide federal subsidies to state public school districts to construct facilities ('815) and educate children residing on federal lands including Indian country ('874). Amendments were passed in 1978 based on the government-to-government relationship between the United States and Indian tribes. These amendments require school districts to have policies and procedures which ensure that Indian parents and tribes have an opportunity to comment on the funding application process and are consulted in the development of school programs. Indian tribes may also file complaints with the Secretary of Education against school districts for violation of Impact Aid policies and procedures.
4. The Elementary and Secondary Education Act of 1965, Public Law 89-10, as amended. Provides supplemental federal funding for a variety of education programs including those that are known today as Chapter 1 and Bilingual Education. Both Chapter 1 and Bilingual Education funding may be provided to state public schools, Bureau of Indian Affairs schools, and to tribal contract or grant schools.
Chapter 1 formula-based funding provides supplemental educational services and programs, usually to develop basic academic skills, for disadvantaged youth including Native Americans. Bilingual Education competitive, discretionary funding provides supplemental bilingual education services and programs for limited English proficient youth including Indians. Both programs have a parent advisory committee requirement to provide schools with advice in the planning, implementation, and evaluation of their programs and services. This requirement may be waived and the elected school board may serve as a PAC in tribal contract and grant schools.
5. The Head Start Program Act of 1965, as amended. Provides formula-based federal funding for comprehensive health, educational, nutritional, social, and other services to economically disadvantaged preschool children including children on federally recognized Indian reservations. Federally recognized Indian tribes may directly receive Head Start funding and operate Head Start programs for Indian children on their reservations.
6. The Indian Elementary and Secondary School Assistance Act of 1972, Public Law 92-318, as amended. Provides formula-based federal funding for supplemental programs known as Title V. These programs are designed to meet the special educational or culturally related academic needs of Indian students. Title V formula funds may be provided to state public schools, Bureau of Indian Affairs schools, and tribal contract and grant schools. Indian parent advisory committees must approve Title V programs and be involved in program administration in the state public schools.
This Act also makes tribes eligible for certain competitive, discretionary grants for elementary and secondary school demonstration and pilot projects, special teacher training programs, Indian controlled schools projects, and adult education programs.
7. The Indian Self-Determination and Education Assistance Act of 1975, Public Law 93-638, as amended. Allows Indian tribes to contract for the operation of schools that were formerly operated by the Bureau of Indian Affairs or that were funded by the BIA and privately operated. Authorizes direct funding to tribal schools for programs and operations that are regulated under the Education Amendments of 1978, Public Law 95-561.
8. The Education Amendments of 1978, Public Law 95-561, as amended provide broad statutory guidance to schools that are operated or funded by the Bureau of Indian Affairs. Provides for Indian school boards in BIA operated schools. Requires the BIA to actively consult with tribes in all matters that relate to Bureau schools. Allows the Secretary of the Interior to implement cooperative agreements between tribes, school boards of Bureau schools, and state public school districts. Establishes formula-based funding for all BIA operated schools and BIA funded tribal schools. Requires that such schools be accredited or meet standards that are equal to or exceed those accreditation requirements. Allows tribes to set academic standards for BIA operated or funded schools that take into account the specific needs of Indian children.
9. The Tribally Controlled Community College Assistance Act of 1978, Public Law 98-192, as amended. Provides federal funding for post-secondary institutions controlled by Indian tribes. Tribal governments now operate 24 tribally controlled colleges. Two of these colleges are four-year institutions.
10. The Indian Education Act of 1988, Public Law 100-297, as amended. Allows tribes to operate BIA funded schools as grant schools rather than as contract schools. Grant school funding allows tribal schools to receive funding on a more timely basis, to invest those funds under certain restrictions, and to use the interest gained for further educational costs in their schools. This Act also authorizes federal funding for tribal early childhood programs and tribal departments of education. To date no money has been appropriated for tribal departments of education.
11. The Carl D. Perkins Vocational and Applied Technology Education Act of 1990, Public Law 101-392. Provides funding for competitive, discretionary project grants that will provide vocational education opportunities for Indians. Allows tribes and tribal organizations to plan, conduct, and administer vocational education programs that will provide Indian students with skills related to jobs or further post-secondary training. Also allows tribal post-secondary institutions to compete for post-secondary vocational education grants.
12. The Native American Languages Act of 1990, Public Law 101-477. Recognizes the right of Indian tribes to use their native languages to conduct tribal business and as a medium of instruction in all Bureau of Indian Affairs funded schools. Directs federal agencies to consult with tribes in evaluating the agencies' policies and procedures and bringing these in compliance with the Act.
13. The Goals 2000: Educate America Act, Public Law 103-227. Provides funds and a framework for schools to meet the National Education Goals. Includes American Indian and Alaska Native students in public schools and allots set-aside funds for schools operated or funded by the Bureau of Indian Affairs. Authorizes the Secretary of the Interior to establish a plan to develop a reform and improvement plan for BIA education and to conduct a cost analysis of BIA academic and home living/residential standards. Specifically mentions Indian education in the activities of the Office of Educational Research and Improvement (OERI), including placing the Director of BIA Education on the National Educational Research Policy and Priorities Board and the inclusion of American Indian and Alaska Native students in OERI research institutes/activities.
14. The Improving America's School Act of 1994, Public Law 103-382. Amends the Elementary and Secondary Education Act of 1965, including Title I (formerly Chapter 1), Bilingual Education, Impact Act, and Title IX. This Act also amends the Education Amendments of 1978, which pertain to Bureau of Indian Affairs schools and programs. This Act also provides land-grant status to tribal colleges in accordance with the provisions of the Act of July 2, 1962.
15. The No Child Left Behind Act, Public Law No. 107-110, 115 Stat. 1907 (2001). The statutory policy provisions for this program were amended to state that it is the policy of the United States to fulfill the federal government's unique and continuing trust relationship with and responsibility to the Indian people for the education of Indian children, and the federal government will continue to work with the public school districts, Indian tribes and organizations, post-secondary institutions, and other entities toward the goal of ensuring that programs that serve Indian children are of the highest quality and provide for not only the basic elementary and secondary educational needs, but also the unique educational and culturally related academic needs of these children.
The primary objective of this program is to provide federal financial assistance to support public school districts, BIA funded schools, and, in some instances, tribes, in their efforts to meet the unique educational and culturally related academic needs of American Indian and Alaska Native students. 20 U.S.C. 7402(a).
Funds under this program must be used for the establishment, maintenance, and operation of supplementary comprehensive programs that are specifically designed to meet the needs of Indian students, including language and culture needs, and to assist Indian students in meeting state content and student academic performance standards. 20 U.S.C. §§7424(b) and 7425.
Programs and projects must be designed in response to a locally conducted needs assessment and with the full cooperation and involvement of an elected Indian parent committee. 20 U.S.C. §7424(c)Programs, projects, and activities may include culturally related activities, early childhood and family programs for school readiness, enrichment programs that directly support the attainment of state academic content and achievement standards, career preparation activities, substance abuse prevention activities, culturally responsive teaching activities, and tribal curriculum. 20 U.S.C. §7425(b).