A Resolution in Support of Treating Tribes as Equals of Federal, State, and Local Governments in Terms of Obtaining Public School Student Records.

WHEREAS, the federal Family Educational Rights and Privacy Act, 20 U.S.C. § 1232g, generally requires the consent of students or parents before public schools may release records or information about students that is personally identifiable, and

WHEREAS, the Act permits federal, state, and local educational authorities to obtain personally identifiable student records or information without the advance consent of students or parents, but, although over 80% of tribal elementary and secondary students attend public schools, it is unclear whether Indian tribes are included among these governmental entities’ educational authorities, and

WHEREAS, as sovereign governments, Indian tribes are entitled to the same treatment by the Act as the federal, state, and local governments, especially in matters regarding the education of tribal students, and records and information which can help tribes improve Indian education.

NOW THEREFORE BE IT RESOLVED THAT THE NATIONAL INDIAN EDUCATION ASSOCIATION supports clarification of the Federal Educational Rights and Privacy Act, 20 U.S.C. § 1232g, such that the Act clearly treats tribes, as sovereign nations, as equal to federal, state, and local educational authorities in terms of being able to obtain records and information of tribal students in the public schools.

SUBMITTED BY: Melody L. McCoy (Cherokee)

CERTIFICATION

I do hereby certify that the foregoing resolution was duly considered and passed by the NlEA membership assembled at its annual convention in Nashville, Tennessee, at which a quorum was present during the meeting held October 11-14, 1998.