At the intersection of Law & Policy in Indian Education

Intro

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.

 

General Law & Policy

A basic understanding of law and policy is vital to understanding how classrooms are impacted. Law is a system of rules that are created by legislative bodies. In the United States, laws can be created by a variety of governmental institutions (Federal, State, Local and Tribal). Use the table below to unpack each level of government and grasp an understanding of their respective governing bodies in addition to the specific audience they serve. 

 

Note: Tribal governments are structured with several tiers of governance similar to the United States. For the purpose of this table, “Tribal Level” includes all branches of Tribal government. 

 

Whether laws are created federally, tribally or locally, they are generally created through a formal legislative process which aims to maintain order, protect rights and property, and deliver justice. Laws have binding legal force and breaking laws can lead to a variety of consequences that include but are not limited to fines, imprisonment or community service. 

 

On the other hand, policies directly influence how laws are implemented and enforced. Policies are the guidelines or principles that inform, shape decision-making and guide behavior to uphold laws within governing entities. Similar to laws, policies can be developed by various levels of government and organizational leaders. In addition to the legislative bodies identified above, the graphic below provides specific examples of policy-creating entities in relation to their governing bodies.

Note: This table does not include all governing bodies/institutions and organizations, this is merely a snapshot to provide a general overview and specific examples.

Policies are crucial to addressing specific community needs and ultimately allow entities to adapt to changing circumstances and priorities for the efficiency, success and sustainability of their respective communities. The next section of this document explores how law and policy work in relation to one another to influence classrooms. 

Educational Law & Policy

The relationship between law and policy in education is one of structure, guidance or dominance. Laws specific to education provide the foundational legal framework for academic institutions, and policies guide the implementation of these laws and address specific community needs. For example, the Every Student Succeeds Act (ESSA) which was signed into law in 2015, provides a comprehensive legal framework for various levels of governmental entities and organizations to work together to improve educational outcomes for all students. Government entities (federal, tribal, state and local) are responsible for creating policies that uphold ESSA requirements. Implementing policies to meet ESSA's needs ensures compliance with the law. It is through compliance and implementation that the application of legislation is seen within classrooms. In short, distinguishing between the legal framework provided by ESSA and the policies developed to implement it helps create an understanding of the complex landscape of education.

 

Furthermore, it is vital to understand that states establish their own educational policies, standards and curricula, while the federal government provides supplementary support through funding and regulations. Often the separation between federal and state education jurisdictions comes down to funding. Federal education policy influences state education policy by attaching conditions to federal funding, thereby encouraging states to adopt certain standards and practices. 

 

The graphic below outlines the collaborative approach mandated by ESSA to integrate Native American history into curricula. Review the graphic to understand how a provision of ESSA requires collaboration between federal, tribal, state, and local levels to ensure the legal frameworks and policies are effectively implemented to address the educational needs of Indigenous students.

As demonstrated by the graphic, the provision to incorporate Native American history in K-12 classrooms exemplifies the movement from law to practice in educational environments. Continually, the interplay between law and policy in education is essential for creating a cohesive and effective educational system.

Conclusion

In the context of education, it is crucial for all individuals serving Indigenous students to understand that law and policy exist in relation to one another rather than independently. An understanding of this relationship is essential for educators trying to navigate academic environments. Through understanding governmental institutions and their role within the larger academic system, educators can ensure their compliance with laws and policies to close educational achievement gaps and cultivate classrooms that guarantee legal protections and educational objectives are upheld. This synergy helps to preserve Native American cultural heritage while also striving to promote academic success among Native American students and their respective communities.

Click the links below to continue exploring the relationship between law, policy and education, particularly in the context of Indian education:

• U.S. Department of Education | ESSA Overview
  • The U.S. Department of Education provides comprehensive resources and updates on the Every Student Succeeds Act (ESSA). Educators can explore detailed information about the law, its requirements and implementation guidelines.
• U.S. Department of the Interior | Bureau of Indian Education (BIE)
  • The BIE oversees a network of schools and educational programs for Native American students. The website provides information on laws, policies and regulations that guide the education of Native American students, as well as resources for educators and administrators.
• National Organization(s) Report | "Becoming Visible"
  • Through a collaboration between the National Congress of American Indians (NCAI) and the National Indian Education Association (NIEA) the 2019 report provides a comprehensive analysis of state efforts to integrate Native American education into K-12 curricula. The report offers an understanding of the complex educational landscape and includes an in-depth look at the multi-layered academic system.