Education Policy

Cultural Sovereignty in Practice: Recognizing the Right to Wear Regalia at Graduation

kssatter — Thu, 01 May 2025 22:41:53 +0000

Cultural Sovereignty in Practice: Recognizing the Right to Wear Regalia at Graduation

kssatter May 1, 2025

AIPI Blog

Cultural Sovereignty in Practice: Recognizing the Right to Wear Regalia at Graduation

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. In fact, research shows that when schools and colleges support cultural practices like these, students feel more connected and confident, which can lead to stronger academic success and persistence (Philpot, 2024; Guillory & Wolverton, 2008).

Despite legal protections and academic research, some students still face obstacles when seeking to wear their regalia at graduation. To mitigate these challenges, this resource outlines the legal and policy foundations that support the right to wear tribally affiliated regalia during commencement ceremonies. Furthermore, this document is designed to assist students, families, school personnel, and policymakers in understanding the constitutional and statutory protections that underlie these rights to honor who Tribal students are and where they come from.

Legal and Policy Protections

First Amendment of the U.S. Constitution: The First Amendment guarantees the right to free speech and expression, including cultural and religious significance expressions. Courts have consistently held that students do not lose these rights when they enter school grounds, provided that their expression does not cause substantial disruption. Tribal regalia, including items such as feathers or stoles, can be protected as expressions of personal, cultural, or spiritual identity under this constitutional provision.
American Indian Religious Freedom Act of 1978 (AIRFA): AIRFA affirms the rights of American Indian individuals to access and practice traditional religious customs, including the wearing of culturally significant items. In educational contexts, denying students the ability to wear such items may interfere with the free exercise of these rights.
State-Level Legislation: Several states have enacted laws that explicitly affirm the right of students from federally recognized Tribes to wear traditional regalia at graduation ceremonies. This includes Arizona (A.R.S. § 15-129), and 20 other states. These laws often arose through collaboration between Tribal governments and state legislatures and provide clear precedents that can inform future policymaking.
Every Student Succeeds Act (ESSA): ESSA includes provisions that require meaningful consultation between educational agencies and Tribal governments when designing education policies and programs. Though not specifically focused on commencement attire, this requirement reinforces the need for school systems to engage with Tribal communities on matters that affect their students' experiences, including culturally appropriate representation in school-sponsored events.

Resources for Education Institutions and Stakeholders

For K–12 and Postsecondary Institutions
Schools play a vital role in supporting students' rights under both federal and state law. The following measures can ensure compliance and respect for cultural expression:

Review and Update Dress Code Policies: Institutions should examine graduation attire policies to ensure they do not inadvertently restrict constitutionally or statutorily protected expression.
Collaborate with Tribal Governments: Consultation with Tribal education departments and legal representatives can help clarify policies and prevent potential conflicts.
Educate Administrators and Faculty: Training and professional development can enhance understanding of the legal and cultural importance of regalia, reducing the risk of misinterpretation or bias.

For Students and Families

Understand Your Rights: Become familiar with your school’s policies and applicable state and federal protections. Proactively engage with school administrators early in the academic year or semester.
Exercise Your Rights: When seeking permission to wear cultural items at graduation, it’s important to maintain a written record of your request. Review sample letters and guidance provided by organizations such as the American Civil Liberties Union (ACLU) and the Arizona Department of Education’s Office of Indian Education (ADE-OIE, p. 31).
Seek Legal Guidance if Necessary: If your right to wear regalia is denied, organizations such as the ACLU, Native American Rights Fund (NARF), or your Tribal education department may offer resources or legal support.

For Tribal Governments and Education Departments

Monitor and Support Local Policies: Work collaboratively with local education agencies to ensure that graduation dress code policies are aligned with constitutional rights and Tribal input.
Support State-Level Advocacy: In states without protective legislation, Tribes can encourage policymakers to adopt laws that recognize and protect students’ cultural expression during graduation.

Wearing tribal regalia at graduation is more than a personal choice, it is an exercise of constitutionally and federally protected rights. As students, families, school officials, and policymakers navigate questions of attire at public ceremonies, it is essential to recognize that such expressions are not merely symbolic, they reflect long-standing traditions, legal protections, and the government-to-government relationship between the United States and Tribal Nations.

By grounding decisions in constitutional principles, federal statutes, and established state policy, institutions can ensure that all students are able to celebrate this milestone with dignity, respect, and pride.

Recommended Legal and Policy Resources

ACLU – Know Your Rights: Tribal Regalia
https://www.aclu.org/news/civil-liberties/know-your-rights-tribal-regalia
Arizona Department of Education – Graduation Regalia Toolkit
Graduation Regalia Toolkit on Canva
Native American Rights Fund – Graduation Regalia Resources
https://narf.org/wordpress/wp-content/uploads/2024/04/graduation-flyer.pdf
Policy Corner Blog, Center for Indian Education & American Indian Policy Institute
https://center-for-indian-education.asu.edu/policycornerblog

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May 1, 2025

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Policy Explainer: The Role of Higher Education Institutions in Upholding the Federal Trust Responsibility as Applied by Arizona State University

kssatter — Tue, 15 Apr 2025 18:04:19 +0000

Policy Explainer: The Role of Higher Education Institutions in Upholding the Federal Trust Responsibility as Applied by Arizona State University

kssatter April 15, 2025

AIPI Blog

Policy Explainer: The Role of Higher Education Institutions in Upholding the Federal Trust Responsibility as Applied by Arizona State University

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 brief examines how Arizona State University (ASU) upholds the Federal Trust Responsibility through its long-standing commitment to Tribal Nations and their citizens/members. In alignment with its Charter, which states that ASU measures itself “by whom it includes and how they succeed,” the University acknowledges the significant presence and contributions of Tribal communities.

Recently, ASU President Michael Crow reaffirmed the University’s commitment to Tribal Nations, citizens, and members in a letter dated March 25, 2025, stating,

“Our relationship with tribal nations and communities is an extension of the federal trust responsibilities that are recognized in the U.S. Constitution, treaties, executive orders, and judicial decisions as a government-to-government relationship. ASU has established tribal consultation protocols that honor and recognize tribal sovereignty and self-governance—with longstanding investments in Indian country that generates economic vitality benefiting the entire State.”

He further reiterated ASU’s enduring commitment first articulated in his 2015 statement, “ASU Commitment to American Indian Tribes”:

Further, “We are dedicated to supporting tribal nations in achieving futures of their own making while building and strengthening leadership capacities to address challenges for Native nations in the 21st Century and beyond.”

Legal Foundation for University Programs Serving Tribal Members/Citizens:

As demonstrated in the Brief as mentioned earlier, the legal foundations for universities serving tribal members/citizens is based on the facts that 1) tribal citizenship Is a political distinction, not a racial classification, 2) the Federal Government has a Legal and treaty-based obligation to support American Indian education, and, 3) non-tribal universities have a role in upholding the Federal Trust Responsibility.

In a letter dated February 20, 2025, Tohono O’odham Nation Chairman Verlon Jose addressed this legal foundation in a statement to the Arizona State Senate leadership:

“Maintaining programs that benefit federally recognized tribes, and their members, does not amount to impermissible racial discrimination. It is important to acknowledge that state and federal programs, including university programs, designed to benefit federally recognized tribes, and tribal members, are not race-and sex-based preferences functioning under the guise of diversity, equity and inclusion.”

Chairman Jose notably highlights a critical legal distinction: educational initiatives grounded in Tribal citizenship and the federal trust responsibility are political in nature and therefore remain constitutionally valid and legally protected.

ASU’s Tribal-Focused Programs and Initiatives

ASU supports American Indian, Alaska Native, and Native Hawaiian students, faculty, and communities through a robust network of academic programs, research centers, and government-to-government partnerships:

Research, Policy and Outreach Centers

American Indian Policy Institute – Focuses on Tribal governance and policy.
Center for Tribal Digital Sovereignty – Supports Tribal governments in digital governance.
Indian Legal Program - Trains the next generation of Indian country lawyers and leaders in partnerships with many Tribal Nations, private and governmental entities.
Center for Indian Education – Researches American Indian/Alaskan Native and Native Hawaiian education.
Labriola National American Indian Data Center – Provides resources for Tribal librarianship and archival research.

Degree Programs

American Indian Law, American Indian Studies, and social work programs specializing in American Indian/Alaskan Native and Native Hawaiian issues.

Tribal Partnerships and Consultation

Formal consultation processes with Tribal governments on research, land use, and education.
Tribal Institutional Review Boards to ensure ethical research practices.

Conclusion

Despite evolving legal interpretations of education policies, programs designed to support Tribal students remain legally protected under the U.S. Trust Responsibility to Tribal Nations. These programs are rooted in Tribal sovereignty, treaty obligations, and federal law, not racial classification. Universities and state governments play a critical role in ensuring that American Indian/Alaskan Native and Native Hawaiian students receive the educational support promised through centuries of federal commitments.

ASU’s example shows how public universities can actively fulfill their share of the trust responsibility through collaboration, consultation, and sustained investment in Native communities. Understanding and upholding these responsibilities is essential for university leaders, educators, and policymakers to ensure that American Indian, Alaska Native, and Native Hawaiian students continue to access the educational opportunities promised to them under centuries of federal commitments.

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References

Augustus F. Hawkins-Robert T. Stafford Elementary and Secondary School Improvement Amendments of 1988. (1988, April 28). https://www.congress.gov/bill/100th-congress/house-bill/5

Eugene Volokh, The California Civil Rights Initiative: An Interpretive Guide, 44 UCLA L. Rev. 1335 (1997) (“The government categorizes individuals based on political affiliation in various manners…. Tribal Indians … are part of a political entity that is specifically recognized by federal law and the U.S. Constitution, rather than an ethnic group that lacks independent legal status.”)

Exec. Order No. 3416, 3 C.F.R. 3 (2025). https://www.doi.gov/document-library/secretary-order/so- 3416-ending-dei-programs-and-gender-ideology-extremism

National Archives. (n.d.). Ending Illegal Discrimination and Restoring Merit-Based Opportunity. Federal Register: Executive Order 14173.https://www.federalregister.gov/documents/2025/01/31/2025-02097/ending-…

Sandra Day O’Connor College of Law. (n.d.). Libguides: Indian law: Indian education. Indian Education - Indian Law - LibGuides at Arizona State University - College of Law. https://libguides.law.asu.edu/indianlaw/education

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April 15, 2025

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Policy Explainer: Federal Trust Responsibility and Higher Education

kssatter — Tue, 15 Apr 2025 17:00:12 +0000

Policy Explainer: Federal Trust Responsibility and Higher Education

kssatter April 15, 2025

AIPI Blog

Policy Explainer: Federal Trust Responsibility and Higher Education

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

Tribal Citizenship Is a Political Distinction, Not a Racial Classification
- The U.S. Supreme Court (e.g., Morton v. Mancari) and Congress (Title 25 of the U.S. Code) have repeatedly reaffirmed the political status of American Indians as citizens and members of Tribal Nations. Consistent with the United States Constitution, Congress’s ability to legislate in Indian Affairs is not based on racial or ethnic minority status but on a government-to-government relationship between the United States and the various Tribal Nations.
- This legal distinction based on tribal citizenship/membership ensures that educational opportunities for American Indian students remain constitutionally valid as an extension of the United States’ trust responsibilities.
The Federal Government Has a Legal and Treaty-Based Obligation to Support American Indian Education
- Federal treaties, laws and regulations mandate support for American Indian education programming and are part of a substantial legal trust responsibility.
- Over 150 treaties include explicit provisions for educational support, reflecting a longstanding federal obligation to uphold Tribal sovereignty and self-determination based on the unique status of tribes and tribal citizens/members.
Non-Tribal Universities Have a Role in Upholding the Federal Trust Responsibility
- Public institutions that receive federal funding, such as Arizona State University (ASU), are integral to fulfilling the trust obligation by offering tailored support services and American Indian-focused academic programs.
- State governments can legally extend educational support to Tribal citizens/members, just as they provide benefits or services based on the state residency/citizenship of certain classes of students.

Tribal Sovereignty and the Federal Trust Responsibility: A Legal Obligation

Tribal Nations are sovereign governments with a distinct political and legal status recognized in the U.S. Constitution, treaties, and federal law. As part of the United States’ sovereign-to-sovereign relationships, Tribal nations and their citizens/members have a unique relationship with the federal government, which is legally bound by treaty and law to uphold its trust responsibility. This obligation is a fundamental aspect of Tribal sovereignty. The federal trust responsibility ensures the protection of Tribal sovereignty, fulfillment of treaty commitments, and support for self-determination, including specific programs such as education.

To operationalize the Trust obligation, Congress has enacted key federal statutes that codify the federal government’s role in supporting education for American Indian, Alaska Native, and Native Hawaiian students. These statutes serve as the basis for implementing the trust responsibility in educational contexts:

Key Federal Statutes

The Indian Self-Determination and Education Assistance Act (1975): This Act empowers Tribal Nations to manage their education programs and services, honoring the government-to-government relationship.
The Tribally Controlled Schools Act (1988): This statute supports the development and operation of schools governed by Tribal Nations, reflecting an enduring commitment to American Indian education.
The Native Hawaiian Education Act (1965): This Act similarly recognizes the unique political and trust relationship between the federal government and Native Hawaiian peoples.

These statutes represent only a portion of the broader legal framework guiding educational support for Tribal Nations. A wide array of additional laws, regulations, and policies collectively shape the implementation of the federal trust responsibility in education and beyond. For a more comprehensive overview, explore the ASU American Indian Education Law Library Guide for curated legal and policy resources.

Conclusion

A long-standing political relationship between the United States and Tribal Nations, anchored in the U.S. Constitution, federal treaties, laws, statutes, and regulations, forms the bedrock of Trust Obligations. For generations, education has been explicitly recognized in treaties as a central pillar of the United States’ obligation to Tribal members/citizens. These treaties and other legal duties guarantee access to education and affirm the political status of Tribal Nations, ensuring that any program designed to benefit Tribal citizens aligns with these foundational promises.

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April 15, 2025

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Policy Snapshot: Key Developments in American Indian Education 2024

tlmorri3 — Tue, 07 Jan 2025 22:19:27 +0000

Policy Snapshot: Key Developments in American Indian Education 2024

tlmorri3 January 7, 2025

AIPI Blog

Policy Snapshot: Key Developments in American Indian Education 2024

Read our recent infographic one-pager on American Indian Education. It offers a concise overview of significant legislative and policy advancements related to American Indian education in 2024, elevating efforts to support Tribal communities and education initiatives. Highlighted within the document is a breakdown of Congressional bills, Federal Register notices, and noteworthy milestones such as President Biden’s formal apology for American Indian boarding schools, the establishment of the Carlisle Federal Indian Boarding School National Monument, and the launch of the Department of Interior's Federal Boarding School Initiative.

Infographic

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January 7, 2025

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FAQ Guide: How to Read and Evaluate Education Policy

tlmorri3 — Wed, 23 Oct 2024 19:29:35 +0000

FAQ Guide: How to Read and Evaluate Education Policy

tlmorri3 October 23, 2024

AIPI Blog

FAQ Guide: How to Read and Evaluate Education Policy

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. We invite you to explore the guide’s tools and resources to begin your journey toward fostering more inclusive, equitable, and culturally responsive education policies.

What is policy?

In the field of education, policy defines the standards and procedures that guide how systems operate, ensuring quality, equity, and accountability. These policies affect curriculum design, resource allocation, assessments, and educator roles. Importantly, they shape the experiences of students, educators, and communities by influencing how education is delivered, evaluated, and adapted to evolving societal and cultural needs. Developed by stakeholders such as governments and educators, policies play a critical role in promoting inclusivity and meeting the diverse needs of all learners.

Where can policy be found?

Education policy can be found in a variety of places, and it's important to recognize that policy decisions are shaped at multiple levels, from local communities to elected officials. Policy discourse at different levels—whether in a community forum, tribal council, or legislative hearing—can directly or indirectly be influenced to shape the education landscape. Here are some key places:

Federal, State, and Tribal Government	Policies impacting education are often published on official government websites.
	Example: Federal education policies can be found in the U.S. Department of Education’s website, state-level policies on state’s Department of Education site, and tribal policies through Tribal Education Departments or Councils.
School District and School Board Meetings	Local education policies are frequently discussed and approved during school board meetings, which are often open to the public.
	Example: School district websites may also publish policies for public access along with meeting notes and a recording of the gathering.
Community and Tribal Council Gatherings	Policy decisions can happen at community levels as well, this can include local tribal gatherings. Often this type of engagement helps shape how policies are understood and implemented on the ground.
	Example: A Chapter House meeting might invite the principal of a Head Start program to present and answer questions, allowing the community to influence school decisions outside the school environment itself.
Professional and Advocacy Organizations	Professional organizations often publish briefs, reports, and recommendations on education policies throughout the year; this can include specific policies related to Indigenous students, educators and communities.
	Example: The National Indian Education Association (NIEA) or the American Indian Policy Institute (AIPI) provide resources and updates on policy changes that affect Indigenous stakeholders.
Legislative Databases and Research Centers	These sources provide updated information about what policies are being proposed, debated, or enacted – often this information is found online.
	Example: Policy documents can also be accessed through legislative databases (e.g., Congress.gov, state legislative websites) or education research centers that track policy developments.

What does it mean to “read” education policy?

Reading policy about education involves examining the rules, regulations, and guidelines that govern educational systems. It requires an understanding of the policy’s intent, scope, language, and implications to see how it affects different stakeholders within the system.

What does it mean to “evaluate” education policy?

To evaluate education policy means to critically assess whether the policy achieves its intended goals, promotes fairness, and considers both short- and long-term impacts on students, teachers, and communities. This process involves examining the policy’s effectiveness, equity, implementation, and potential unintended consequences. Additionally, an essential aspect of policy evaluation is weighing the policy's success against its cost, ensuring that the benefits justify the financial and resource investments.

Why is it important to read and evaluate education policy?

Reading and evaluating education policy are essential tasks for ensuring equitable and effective educational systems. Reading policy allows stakeholders to understand who benefits and anticipate potential challenges or unintended consequences in implementation. Accurate interpretation of policies is key to advocating for inclusivity. Additionally, evaluating education policy ensures that policies are data-driven, inclusive, and responsive to the diverse needs of learners. Through comprehensive evaluation, stakeholders can confirm that educational practices are equitable, sustainable, and adaptable to changing societal and Indigenous cultural contexts.

How can reading and evaluating education policy be most beneficial?

Reading and evaluating education policy is most beneficial when done collaboratively, incorporating input from a diverse range of stakeholders, including educators, policymakers, communities, and students. This inclusive approach ensures that policy decisions are comprehensive and balanced.

The following graphic provides a visual representation of the outcomes derived from a collaborative process. At its center, it emphasizes the crucial role of stakeholder collaboration, with lines extending to five interconnected outcomes—Informed Decisions, Equity, Cultural Relevance, Adapt Policies, and Long-term Impact. Each outcome is equally important in shaping effective education policy, highlighting the collective impact of collaboration.

Where Can Reading and Evaluating Education Policy Be Most Beneficial?

Reading and evaluating education policy can be highly beneficial across various settings, including:

What Are Common Challenges When Reading and Evaluating Education Policy, and How Can They Be Addressed?

Policy reading and evaluation often presents challenges. The table below outlines four key categories of obstacles and provides solutions to facilitate the overall process:

Language	Education policies often use technical or legal language that can be difficult to interpret.
	Solution: Simplifying the Language Use guides, glossaries, or seek expert help to understand technical terms. Break down the policy into its key components (intent, scope, implications, language) to grasp its core purpose and impact.
Data	It can be challenging to find or access relevant data to evaluate the effectiveness or fairness of a policy.
	Solution: Improving Access to Data Collaborate with local educational agencies, research institutions, or government departments to gather relevant data. Use official public data sources or reports to identify trends and outcomes related to the policy’s implementation.
Stakeholder Engagement	Policies may not always reflect the perspectives of all affected groups, especially marginalized communities.
	Solution: Engaging Stakeholders Involve diverse community voices, especially from underrepresented or marginalized groups, in policy discussions and evaluations. Create forums, surveys, or focus groups to gather feedback from tribal education departments, students, teachers, parents, and community members.
Policy Design	Policies may unintentionally favor certain groups while placing others at a disadvantage, leading to inequitable outcomes.
	Solution: Addressing Bias in Policy Design Apply an equity lens to the policy by asking critical questions about who benefits and who might be left out. Consult with diverse experts and stakeholders to ensure that multiple perspectives are considered in the policy’s creation and evaluation.

What Tools and Resources Can be Used for Evaluating Education Policy?

Tools like logic models or SWOT analysis can be used to break down policy components, explore the list of tools/frameworks below:

Logic Models: Logic models help map out the intended inputs, activities, outputs, and outcomes of a policy. They allow evaluators to clearly see how a policy is supposed to work and where potential gaps may exist. CLICK HERE to learn how REL West collaborated with the Northern Arizona Council of Governments (NACOG) to support their development of a logic model and associated measures.
SWOT Analysis (Strengths, Weaknesses, Opportunities, Threats): A SWOT analysis can help identify internal and external factors that may affect the policy’s success, focusing on both strengths and areas for improvement. The SWOT analysis can be adapted to meet the unique needs of Indigenous communities, CLICK HERE to learn about the PUEBLO Analysis that combines Westernized-Eurocentric education and research methodologies to practices informed by traditional knowledge.
Equity Frameworks: These frameworks, such as the Equity Impact Review Tool, guide users in examining how policies impact marginalized groups and address systemic inequities. These frameworks consider the cultural, linguistic, and socioeconomic impacts of policies on historically underserved populations. CLICK HERE to learn about the Equity Impact Assessment Tool created by Washington State University.

Additional resources can be found through the following online databases:

National Center for Education Statistics (NCES): The NCES provides access to a wide range of educational data, including student performance, demographics, and school resources, which can be used to evaluate policy effectiveness across different communities.
State and Local Education Data Systems: Many states maintain education data systems that track student outcomes, teacher performance, and school resources. These systems can provide localized data to inform evaluations.
Tribal Education Departments National Assembly (TEDNA): TEDNA offers resources for evaluating education policies affecting Native students and provides tools for understanding how tribal sovereignty interacts with federal and state education policies.

Posted on

October 23, 2024

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At the intersection of Law & Policy in Indian Education

tlmorri3 — Tue, 23 Jul 2024 20:12:06 +0000

At the intersection of Law & Policy in Indian Education

tlmorri3 July 23, 2024

AIPI Blog

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.

Governmental Institution	Legislative Bodies	Constituents (Audience Served)
Federal	President and Congress (Senate and House of Representatives)	Entire United States population
Tribal	Tribal Council, Tribal Chairperson and Tribal Courts	Members of the respective Native American Tribes
State	Governor and State Legislature (Senate, House/Assembly)	Residents of the respective state
Local	Mayor, City Council, and Local Courts	Residents of cities, towns, and counties within the state

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.

Posted on

July 23, 2024

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