Across the country, American Indian, Alaska Native, and Native Hawaiian students, citizens of sovereign Tribal Nations, are reaching an incredible milestone: graduation. For many, this moment is marked not only by receiving a diploma, but through wearing items of deep personal and cultural significance, such as eagle feathers, beaded caps, or traditional clothing. Tribal regalia is not only a meaningful expression of culture and community, it is also a reflection of constitutionally and federally protected rights.

This brief follows up on the recent AIPI Policy Explainer: Federal Trust Responsibility and Higher Education, which clarified the status of programs supporting American Indian students in higher education in response to recent legal and policy developments by explaining that Federal relationships with Tribal Nations and their citizens/members are based on political distinctions rather than racial classifications.

 

This explainer clarifies the status of programs supporting American Indian students in higher education in response to recent legal and policy developments. Federal relationships with Tribal Nations and their citizens/members are based on political distinctions rather than racial classifications. The framework outlined in this document reflects the federal government’s unique relationship with and obligations to Tribal Nations.

Legal Framework

Understanding and navigating education policy is essential for all who engage in the educational sector, as these policies shape the experiences of students, educators, and communities by defining the standards and expectations of educational systems. This FAQ guide provides a pathway to critically reading and evaluating education policy, highlighting the importance of centering Indigenous knowledge and voices in policy discussions. It also addresses common challenges and identifies the diverse stakeholders who benefit from this work.

In the governance and regulation of society, law and policy play distinct yet essential roles. While both maintain order and guide behavior, they function differently and serve unique purposes. This document provides an overview of law and policy as they relate to education. Specifically, in the context of Indian Education, this document aims to help educators understand the relationship between education law and policy to support the success of Native American students.
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