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Geoffrey Cravatt Blackwell Board of Director | American Indian Policy Institute

Montana lawsuit seeks accountability on Indian Education for All

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This winter, a class action lawsuit in Montana continues its pursuit of justice for every public school student in the state. The legal action seeks to benefit teachers, schools, and taxpayers whose contributions support the Montana Office of Public Instruction (MOPI) by ensuring compliance with Indian Education for All (IEFA).

The right for all public school students in Montana to learn about Indigenous peoples was enshrined in the state constitution in 1972. In 1999, Montana detailed how this goal would be achieved through legislation known as Indian Education for All. Since 2007, taxpayer funds have been allocated annually to IEFA programs.

Despite these efforts, over 50 years later, MOPI has not demonstrated adequate funding, implementation, or monitoring of IEFA programs. Consequently, many students do not receive this essential education.

The Yellow Kidney et al v. MOPI lawsuit was filed in 2021 to hold the Montana education agency accountable for fully implementing Indian Education for All. The case is supported by Tribes, students, parents, and legal representatives from ACLU MT, ACLU, and NARF. They aim to ensure that the State meets its legal obligations. The passage of Montana House Bill 338 in 2023 has brought encouragement by amending IEFA and clarifying that school districts must account for their IEFA expenditures.

Chairman Gerald Gray of the Little Shell Tribe of Chippewa Indians of Montana expressed hope that communities throughout Montana will gain a better understanding of the state's Indian Nations.

Public school students and guardians are joined by several Tribes—including the Assiniboine and Sioux Tribes of the Fort Peck Reservation; Confederated Salish and Kootenai Tribes of the Flathead Reservation; Fort Belknap Indian Community; Little Shell Tribe of Chippewa Indians of Montana; Northern Cheyenne Tribe; and Crow Tribe—in pushing for positive change.

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