Montana’s distinctive educational mandate requires all public schools to honor the ‘distinct and unique cultural heritage of American Indians.’ This led to the creation of the Indian Education for All (IEFA) Act in 1999, which mandates teaching Native American history and culture in schools. Despite $3.5 million being allocated annually since 2007 for this purpose, a lawsuit was filed, alleging misuse of these funds.
In a significant legal development, Montana students, families, and tribes settled with the Montana Board of Public Education over a class action concerning the IEFA’s implementation. The lawsuit claimed that many school districts misappropriated IEFA funds, with records showing only 10% of districts could justify their expenditures in 2019 and 2020. Instances included funds being spent on unrelated materials and salaries rather than enhancing Indigenous education.
The Montana Board of Public Education, after private deliberations, approved a settlement to enhance accountability and content standards for implementing IEFA. The agreement, reached on March 11, empowers the board to use accreditation processes for oversight and mandates tribal collaboration in educational planning.
The board will now receive annual reports from the Office of Public Instruction (OPI) on IEFA implementation and will encourage schools to collaborate with tribes. New educators are required to undergo IEFA training, emphasizing tribal cooperation. The class action continues against OPI, which is responsible for funding allocation.
Legislative efforts continue to fortify IEFA’s role. State Sen. Jonathan Windy Boy introduced legislation mandating district implementation of IEFA, with possible revocation of funds for non-compliance. His recent Senate Bill 181 advances tribal engagements and accountability, awaiting gubernatorial approval.
Plaintiff Jessica Peterson expressed relief over the settlement, reflecting on her daughter’s school experience, “Year after year, I don’t see Indian Education for All happening in the Helena Public Schools.” The settlement is seen as a step towards improving educational outcomes for Native American students.
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