Oppose Efforts by the U.S. Department of Education to Repeal Laws Establishing Federal Indian Education Programs or to Put Federal Indian Education Funds in State Block Grants

WHEREAS, the National Indian Education Association (NIEA) was established in 1969 for the purpose of advocating, planning, and promoting the unique and special education needs of American Indian and Alaska Native people; and

WHEREAS, NIEA, as the largest national organization of American Indian and Alaska Native educators, administrators, parents, and students in the United States, provides a forum to discuss and act upon issues affecting the education of Native people; and

WHEREAS, through its unique political relationship with Indian nations and tribes, the federal government has established education program resources to meet the educational needs of American Indians and Alaska Natives residing both on and off their reserved or non-reserved homelands; and

WHEREAS, the United States has a government-to-government relationship with American Indian and Alaska Native tribes; and

WHEREAS, the United States also has a trust responsibility for educating American Indians and Alaska Natives that is based, in part, on the ceding oflands and resources by their tribes for the establishment of the United States and for the enjoyment and use of its citizens; and

WHEREAS, the United States government, by congressional and executive action and policy, has confirmed said government-to-government relationship and trust responsibility including a policy of tribal consultation and self-determination in matters affecting American Indian and Alaska Native tribes; and

WHEREAS, Congress, in recognition of the desperate educational needs of American Indians and Alaska Natives, enacted legislation to establish the Office oflndian Education (OIE), the National Advisory Council on Indian Education (NACIE), and other federal Indian education programs; and

WHEREAS, U.S. DepartmentofEducation has vagrantly disregarded President Clinton’s American Indian and Alaska Native Education Order (#13096) of August 6, 1998 by introducing legislation in the 106th Congress to repeal NACIE and the Indian education programs it is responsible for administering, and that Congress has not funded during the last decade; and

WHEREAS, American Indian and Alaska Native tribes have not been consulted by the Department of Education, despite a presidential order to do so, nor have Congressional hearings been held on why these programs and NACIE have not been funded and why they should repealed; and

WHEREAS, the education needs of American Indian and Alaska Native students have not yet been fully met due to a continual lack of funding by Congress and a lack of attention by the Department of Education; and

WHEREAS, the Department of Education, as a federal department, has a responsibility to the tribes under the government-to-government relationship; and

WHEREAS, the Department of Education has demonstrated by its actions its lack of support for the Indian education programs in its charge and appears to be avoiding its responsibility to American Indians and Alaska Natives; and

WHEREAS, NIEA has a standing Resolution #99-15 stating its opposition to using federal Indian education program funds being diverted to block the grants to the states.

NOW THEREFORE BE IT RESOLVED THAT THE NATIONAL INDIAN EDUCATION ASSOCIATION opposes any and all efforts by the U.S. Department of Education and the Congress to repeal laws establishing federal Indian education programs;

AND BE IT FURTHER RESOLVED THAT THE NATIONAL INDIAN EDUCATION ASSOCIATION calls on tribal nations, the National Congress of American Indians (NCAI), and other Indian organizations and groups to protest and vigorously work to prevent the repeal of and block granting to the states any and all federal Indian educational laws and programs;

AND BE IT FURTHER RESOLVED THAT THE NATIONAL INDIAN EDUCATION ASSOCIATION calls upon Congress to remember the commitment it made to the American Indian and Alaska Native people when it enacted legislation to meet their education needs by not supporting efforts to repeal federal Indian education laws;

AND BE IT FINALLY RESOLVED THAT THE NATIONAL INDIAN EDUCATION ASSOCIATION calls upon Congress and President Clinton to use a portion of the projected federal budget surplus to fund these unfunded Indian education programs.

SUBMITTED BY: Alvin Schuster (Yakama), Toppenish, WA.

CERTIFICATION

I do hereby certify that the foregoing resolution was duly considered and passed by the NIEA membership assembled at its annual convention in Oklahoma City, Oklahoma, at which a quorum was present during the meeting held October 17-20, 1999.

Steven Peters