The Indian Education Act of 1972: A Turning Point for Native American Education
The Indian Education Act of 1972 stands as a pivotal moment in the history of Native American education. This landmark legislation sought to address the systemic failures in the education of American Indian and Alaska Native students, paving the way for increased tribal control, culturally relevant curricula, and improved educational opportunities. The act emerged from a growing recognition of the need to reverse the damaging effects of assimilationist policies and empower Native communities to shape the education of their children.
Historical Context: From Assimilation to Self-Determination
The federal government's involvement in Indian education dates back to the late 18th century, initially driven by a desire to "civilize" Native Americans through instruction in Euro-American customs, vocational skills, and Christianity. This approach often manifested in the form of boarding schools, which aimed to eradicate Native languages and cultures. The infamous motto of "Kill the Indian in him, and save the man," exemplified the assimilationist mindset that prevailed for much of this period.
However, the mid-20th century witnessed a shift in federal Indian policy, moving away from termination and assimilation towards self-determination and tribal sovereignty. This change was fueled by Native activism and a growing awareness of the detrimental impact of past policies on Native communities.
Key Provisions of the 1972 Indian Education Act
The Indian Education Act of 1972 (Public Law 92-318) was a direct response to the findings of the National Study of American Indian Education (1967-1971) and the Special Senate Subcommittee on Indian Education, which highlighted the need for improved educational opportunities and greater Indian control over their children's education. The act's key provisions included:
Supplemental Funding for Public Schools: The act provided federal funding for public schools, both on and off reservations, with ten or more Indian students. This funding was intended to address the unique needs of these students and improve the quality of their education.
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Parental and Community Involvement: The act mandated that public schools receiving funding under the act involve Indian parents and communities in the design and implementation of supplemental programs. This provision recognized the importance of community input and cultural relevance in education.
Grant Programs: The act authorized a series of grant programs to support culturally relevant and bilingual curriculum materials, as well as adult education projects.
Office of Indian Education: The act established an Office of Indian Education within the US Office of Education (now the Department of Education). This office was created to provide a dedicated focus on Indian education issues and to administer the act's programs.
National Advisory Council on Indian Education: The act also established the National Advisory Council on Indian Education, a body tasked with providing input to Congress and the administration on Native education priorities.
Impact Aid Consultation: Part A of the act required parental and community participation in impact-aid programs, which provided federal money to local school districts to compensate for tax-exempt federal lands such as Indian reservations.
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Teacher Training: Part E provided funds for training teachers for Bureau of Indian Affairs (BIA) schools, with preference to be given to Indians.
Impact and Legacy
The Indian Education Act of 1972 had a profound impact on Native American education. It marked a significant step towards self-determination and tribal control over education, empowering Native communities to shape the education of their children in culturally relevant ways. The act also led to increased funding for Native education programs and the establishment of key institutions, such as the Office of Indian Education and the National Advisory Council on Indian Education.
The act laid the groundwork for future legislation, such as Title VII of the Elementary and Secondary Education Act (ESEA), which further emphasized the preservation and promotion of Native languages and cultures in public schools. Title VII has been instrumental in bringing local culture into the public schools attended by Native students, enriching their educational experience and fostering a sense of cultural identity.
As Corey Still (Cherokee/United Keetoowah Band of Cherokee Indians) notes, the Indian Education Act was critical for improving the quality of education for American Indians and Alaska Natives after a period when cultural decline was commonplace within tribal communities.
Challenges and Ongoing Issues
Despite the significant progress made since 1972, challenges remain in Native American education. These include:
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Achievement Gaps: Native American students continue to lag behind their non-Native peers in academic achievement, as evidenced by lower scores on standardized tests such as the National Assessment of Educational Progress (NAEP).
Underfunding: Many Native-serving programs, including education programs, remain underfunded, despite the federal government's trust responsibility to provide adequate resources in exchange for the land and resources tribes ceded years ago.
Teacher Shortages: There is a shortage of qualified teachers in many Native communities, particularly those who are familiar with Native languages and cultures.
Cultural Relevance: Ensuring that curricula are culturally relevant and responsive to the needs of Native students remains an ongoing challenge.
Bureaucratic complexities: The complex web of federal agencies and programs involved in Indian education can create bureaucratic hurdles and hinder effective coordination.
The BIE System: A Closer Look
The Bureau of Indian Education (BIE), overseen by the Department of the Interior (DOI), operates a system of elementary and secondary schools that provide free education to eligible Indian students. The BIE-funded school system includes day and boarding schools, as well as peripheral dormitories for students attending nearby public or BIE schools.
Eligibility for BIE schools is generally limited to students who are members of federally recognized Indian tribes or are at least one-fourth degree Indian blood descendants of members of such tribes, and who reside on or near a federal Indian reservation or are eligible to attend a BIE off-reservation boarding school.
While the BIE system plays a vital role in educating Native students, it faces numerous challenges, including inadequate funding, aging facilities, and teacher shortages. The academic achievement of students in BIE schools is generally lower than that of students in public schools, highlighting the need for continued reform and investment in the BIE system.
Restrictions and Recent Changes to the BIE System
In the mid-1990s, Congress became concerned that adding new BIE schools or expanding existing schools would, in circumstances of limited financial resources, "diminish funding for schools currently in the system." As a consequence, the total number of BIE schools and peripheral dorms, the class structure of each school, and co-located charter schools has been limited by Congress. Through annual appropriation acts from FY1994 through FY2011, Congress prohibited BIE from funding schools that were not in the BIE system as of September 1, 1996, and from FY1996 through FY2011 prohibited the use of BIE funds to expand a school's grade structure beyond the grades in place as of October 1, 1995. Appropriations acts since FY2000 have prohibited the establishment of co-located charter schools.
Beginning in FY2012, Congress has begun to loosen restrictions on the size and scope of the BIE school system. A provision enacted in the FY2012 appropriations act provided an exception for schools and school programs that were closed and removed from the BIE school system between 1951 and 1972 and whose respective tribe's relationship with the federal government was terminated. As a result of the FY2012 exception in July 2012, BIE began funding grades 1-6 of Jones Academy in Hartshorne, OK. Jones Academy was previously funded by BIE as a peripheral dormitory for students attending schools in grades 1-12, and by the local public school district as a grades 1-6 elementary school. The appropriations acts since FY2014 have authorized the Secretary to support the expansion of one additional grade to better accomplish the BIE's mission, and appropriations acts since FY2018 have authorized the expansion of more than one elementary grade in schools with a Kâ2 grade structure on October 1, 1996. As a result, in 2014 the BIE approved funding for the tribally funded 6th grade of the otherwise BIE-funded Shoshone-Bannock Junior High. In addition, BIE approved the K-2 Blackwater Community School to offer a 3rd grade in July of 2016 and 4th-5th grades in July of 2018. Successively, appropriations acts since FY2015 have authorized the BIE to approve satellite locations of BIE schools at which an Indian tribe may provide language and cultural immersion educational programs as long as the BIE is not responsible for the facilities-related costs.
Impact Aid and ESEA
Impact Aid and the Elementary and Secondary Education Act (ESEA) play crucial roles in supporting Indian education. Impact Aid compensates public school districts for the presence of tax-exempt federal lands, such as Indian reservations, while ESEA provides federal funding for a wide range of educational programs, including those that benefit Native American students.
The 1972 Indian Education Act amended the Impact Aid program to mandate Indian parents' consultation in school programs funded by Impact Aid. ESEA Title VI requires that public school districts applying for its grants prove adequate participation by Indian parents and tribal communities in program development, operation, and evaluation.
Indian Self-Determination and Education Assistance Act (ISDEAA)
The Indian Self-Determination and Education Assistance Act (ISDEAA; P.L. 93-638), signed into law in 1975, authorized tribal administration of certain federal Indian programs, including BIA and BIE programs. ISDEAA, as amended, allows Indian tribes and tribal organizations, such as tribal school boards, to assume some control over the management of BIE-funded education programs by negotiating "self-determination contracts" or Title IV "self-governance compacts" with BIE. Under a self-determination contract, BIE transfers to tribal control the funds it would have spent for the contracted school or dorm, so the tribe may operate it.
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