Indian Education for All settlement lauded by tribal nations, parents, Office of Public Instruction

Cammie DuPuis-Pablo’s boys were harassed and bullied for wearing their hair longer and braided in public schools in Montana.

DuPuis-Pablo, with the Confederated Salish and Kootenai Tribes, has had to correct inaccurate information about Native Americans taught to her children in Missoula, and she has seen educators gloss over significant parts of Native American history, including the boarding school era and assimilation.

So when DuPuis-Pablo, of Arlee, learned about a class-action lawsuit to ensure the Montana Constitution’s promise to preserve the cultural integrity of Native Americans in education was a reality, she jumped on board.

“I just got really frustrated after a few instances of me having to correct information when it came to my kids’ education,” DuPuis-Pablo said.

This week, the ACLU of Montana announced a settlement in its class-action case filed in 2021 against the Montana Office of Public Instruction to properly implement and enforce Indian Education for All for all public school students.

Montana is the only state in the nation that guarantees Indian education in its constitution, according to the ACLU of Montana. The state passed the Indian Education for All Act in 1999 to implement the requirement.

“It is the constitutionally declared policy of this state to recognize the distinct and unique cultural heritage of American Indians and to be committed in its educational goals to the preservation of their cultural heritage,” the act says.

The settlement, preliminarily approved, outlines programmatic changes, including consultation with tribes, and enforcement measures.

In it, OPI agrees to require evidence of implementation and funding by school districts, and to put monitoring and enforcement mechanisms into place, including “targeted follow-up for low-scoring schools,” annual evaluations and “potential funding reductions for noncompliance.”

Named plaintiffs in the case include parents of 18 Indigenous and non-Indigenous students from public schools in Missoula, Billings, Helena and Great Falls, and members of the Blackfeet Nation, Confederated Salish and Kootenai Tribes, Northern Cheyenne Tribe, and Assiniboine and Sioux Tribe.

They also include tribal nations: Fort Belknap Indian Community, the CSKT, Assiniboine and Sioux Tribe, Northern Cheyenne, Little Shell Tribe of Chippewa Indians, and Crow Tribe of Montana.

DuPuis-Pablo and other plaintiffs said the settlement means accountability, and they hope it leads to greater understanding of Native history and tribal governments for all Montana public school children.

“I’m hoping now as my younger kids go through the educational system, they’re able to see themselves better represented,” DuPuis-Pablo said.

She also said she hopes non-Native students will learn about Native cultures. For example, reasons vary by tribe and by person, but the longer hair and braids her boys wore can represent strength and resilience.

“It hopefully takes away some of the stigma or ignorance or misunderstanding of Native peoples,” DuPuis-Pablo said.

Councilwoman Roxanne Gourneau of the Fort Peck Tribal Executive Board said the agreement, subject to final court approval following a notice period, supports tribal nations.

“For too long, tribes were expected to trust that things would improve without having a seat at the table,” Gourneau said in a statement. “This settlement recognizes that tribal nations are essential partners in educating Montana’s students.”

Superintendent of Public Instruction Susie Hedalen also praised the outcome and said some of the reforms agreed to in the settlement already are underway at her direction.

“I am pleased that an agreement has been reached in this five-year lawsuit and that we can move forward with ensuring every Montana student receives authentic instruction on our state’s tribal nations,” Hedalen said in a statement.

The settlement said the case was complex, and the agreement a “favorable compromise” and benefit to the vision of the plaintiffs and to Montana taxpayers given the costs of continued litigation.

A news release from the ACLU of Montana said Montana’s Indian Education for All Act is nationally recognized as a model of Indigenous education, but implementation has varied across school districts and lacked enforcement.

“This agreement finally puts accountability behind Indian Education for All,” ACLU Montana legal director Alex Rate said in a statement. “For years, the law existed without meaningful oversight. Now there are clear systems to help ensure the state and school districts fulfill obligations that already exist under the Montana Constitution and IEFA.”

The ACLU Foundation and Native American Rights Fund also represented the plaintiffs.

Crystal Amundson, a plaintiff and parent of two non-Indigenous public school children, said her family got involved in the case after they moved from Helena to Billings and witnessed discrepancies in not just Indian Education for All but other accreditation expectations.

She said she and her husband believe their children benefit from the act as much as, if not more than, Native students, and delegates who wrote the 1972 Montana Constitution had foresight in making Indian education a priority.

Amundson, a licensed mental health provider who specializes in pediatrics, said schools have dealt with shootings and Covid-19, and the public school culture has been “pretty fear-based” and focused on “other people being unsafe or unhealthy.”

Indian Education for All offers a different ethic, she said, lifting up inclusion and empowerment and connection to others and to land. She said those values are even more important today.

“It’s looking at tapping into the resilient legacy of Montana’s Indigenous people and recognizing that wisdom and history,” Amundson said. “ … Our neighbor is a source of rich, rich legacy and connection and understanding.”

Amundson said her oldest child, 16, has already benefitted from Indian Education for All partly because “she has some particularly motivated and aware educators at her school.”

But the point of the lawsuit is to make sure students in all public school classrooms experience the benefits, and Amundson said she’s hopeful her 13-year-old will learn from educators who have “the formalized focus on it.”

In a statement, Hedalen said Montana supports all students, and the OPI launched a new website and professional development portal to house IEFA resources for educators and families.

She said the Office of Public Instruction already has been working on expanding the role of the Montana Advisory Council on Indian Education in policy development, verifying use of Indian Education for All funds, and greater tribal consultation.

The council was established by OPI and the Board of Public Education to be a “strong voice for collaborative efforts” among tribal, state and federal groups. It promotes education for all Native students in Montana and supports Indian Education for All.

In an email, OPI Chief of Staff Dylan Klapmeier explained the agency’s steps toward better tribal consultation and the council’s role. He said OPI is sending a letter to all tribal education departments and districts with information about the settlement and an offer for follow up.

“We will … offer to meet with them in-person or virtually and to connect them with districts in their area for consultation while encouraging districts to do the same,” Klapmeier said. “(Montana Advisory Council on Indian Education) has been meeting more frequently, has an increased budget, and we have a member of the superintendent’s personal staff as their liaison.”

Michael Dolson, council chairman of the Confederated Salish and Kootenai Tribes, said the settlement is a long overdue step toward honoring the promise that every child learn about tribal histories and culture.

“Indian Education for All builds the understanding and respect that all of our communities need,” Dolson said in a statement. “This settlement means accountability for implementing that commitment, with real reporting, real curriculum developed with tribes, and real consequences when schools fail to deliver.”