A proposed legislation aiming to enforce accountability measures in a distinctive Montana law mandating public schools to develop and educate Indigenous history is currently advancing through the Legislature, garnering significant support.
State Rep. Jonathan Windy Boy, a Democrat from Box Elder, has introduced a bill that aims to enhance accountability in Indian Education for All. This constitutional requirement mandates schools in Montana to include Native American history in their curriculum. The bill has successfully passed in the House, with a vote of 73-24, and is now anticipated to proceed to the Senate for further consideration.
Windy Boy, Chippewa Cree and Assiniboine, described House Bill 338 as an accountability bill, which would require that school districts and the state’s Office of Public Instruction to include participation from Montana tribes when incorporating “the distinct and unique cultural heritage of Montana American Indians into content standards.” The bill would also enhance the reporting requirement that schools must complete if they are to receive Indian Education for All funds, according to the bill.
Earlier this month, Windy Boy presented a bill aiming to enhance transparency in the utilization of state funds designated for implementing the requirement within educational institutions.
He stated that there has been instances of misuse or abuse throughout the duration of this specific funding.
The proposed legislation by Windy Boy mandates that the Office of Public Instruction and the state’s public schools develop and oversee a comprehensive report outlining the specific ways in which Indian Education for All has been integrated into their curriculum. Additionally, the bill aims to strengthen the existing language in the constitution by introducing more robust wording to support these newly proposed obligations.
Windy Boy said he drafted the bill because school districts are falling short, if not neglecting entirely, the Indian education requirement. For instance, according to the complaints documented in the current lawsuit against Montana’s Office of Public Instruction, the Deer Creek Elementary School in Glendive cited its 2007 implementation of IEFA was completed by purchasing a book titled, “Squanto and the Miracle of Thanksgiving.”
Several Montana individuals, along with seven Montana tribes, were represented in a lawsuit filed in 2021 by the American Civil Liberties Union of Montana and the Native American Resource Fund.
Complaints about the ineffective implementation of IEFA curriculum in school districts have been raised as early as 2004. In 2020, Hellgate Elementary School in Missoula and Florence-Carlton Elementary failed to provide a clear account of how they utilized IEFA funds. These two schools are located within the district that receives the highest amount of state funds, as stated in the complaint.
In addition to state funding, the Office of Public Instruction offers general resources to help educators implement Indian education. The OPI website provides some resources for teachers and schools on how to incorporate Indigenous education, including a 92-page online guide.
An independent consultant was hired by the Office of Public Instruction in 2015 to assess the extent of Indian education implementation. The findings of the study revealed that while certain Montana schools had been utilizing OPI resources, the degree of implementation differed among them.
The assessment revealed inconsistencies in IEFA involvement among educators. While some have a well-defined plan, others struggle to integrate online resources into their lessons. Additionally, some educators face challenges in effectively incorporating IEFA across different school subjects and grade levels.
Nevertheless, some educators expressed concerns about the usability of OPIs resources.
According to the report, teachers’ access to website resources was hindered by various factors, such as feeling overwhelmed or unsure of where to begin, as well as a lack of time to evaluate the provided materials.
In 1972, the citizens of Montana, who played a significant role in drafting the state’s constitution, included a provision that acknowledges and respects the American Indian community’s distinct and exceptional cultural heritage. Furthermore, the constitution explicitly mandates equality in education, encompassing both curriculum and funding.
Indian Education for All, as a curriculum requirement, was implemented into the state code in 1999 in a bill that dictated that “every Montanan, whether Indian or non-Indian, be encouraged to learn about the distinct and unique heritage of American Indians in a culturally responsive manner,” according to the state constitution.
According to Brian O’Leary, the communications director at the Office of Public Instruction, the state presently allocates approximately $3.6 million to schools for curriculum implementation. This translates to roughly $23 per student.
If schools fail to meet the new requirements stated in Windy Boy’s bill, they will not receive future funds allocated for Indian Education for All.
Public school districts must adhere to the state constitution by submitting an annual report to the Office of Public Instruction, outlining the specific allocation of Indian Education funds.
On the other hand, the previous reports submitted by school districts lack specific information regarding the location and manner in which funds were utilized. Rather, these statements primarily emphasize the student count in each school and district, along with the overall expenditure amount.
“The problem is, firstly: It lacks standards,” expressed Windy Boy. According to him, the existing system fails to address any curriculum or professional development standards in relation to Indigenous education.
Denise Juneau, a former state superintendent of the Office of Public Instruction and member of the Mandan Hidatsa and Blackfeet tribes, discussed the bill in a phone interview with ICT and Montana Free Press.
Juneau mentioned that while most people in the state are familiar with Indian Education for All, it has taken some time for them to fully grasp its purpose.
Juneau stated that the individuals are familiar with the words used and have a general understanding of the underlying intentions. It has taken a significant amount of time for them to reach this point, but they are gradually making progress and gaining comprehension. This development is highly significant for the policymakers in the Capitol.
From 2008 to 2016, Juneau served as the state’s superintendent during a period when OPI was in the process of determining the curriculum standards and funding allocation for each school.
Juneau stated that schools were being provided with this money and at that time, people were curious to see how they would utilize it effectively. However, there seems to be a growing demand for accountability now. This suggests that there has been significant progress in the state, which is a positive development.
Juneau expressed her desire for Montana’s schools to adopt Indian education and history, emphasizing the importance of integrating these subjects seamlessly into every aspect of the curriculum. As an illustration, she highlighted the significance of understanding the roots of mathematics and how various tribes and cultures utilized mathematical principles in their historical contexts.
Juneau expressed her belief that integration should occur throughout all content areas, seamlessly blending into every lesson and space a student encounters.
Juneau expressed her desire for Windy Boy’s bill to be further expanded to incorporate the state funds allocated to OPI.
She stated that it would benefit the state education agency or the Office of Public Instruction, as they receive funding from the Legislature, to provide a report to the Legislature on how they utilize their finances and to be held responsible to the public for those funds.
The Indian Education for All bill has been steadily progressing through legislative committees, garnering significant support.
During the recent committee hearing, Partick Yawakie, a representative of the Blackfeet tribe, advocated for the bill. He urged committee members to raise their hand if they could name all the tribes and reservations in the state. The only person to raise their hand was Rep. Tyson Running Wolf, who also serves as co-chair of the American Indian caucus.
Yawakie stated in his testimony that the Indian Education for All program provides a historical context that lays the groundwork for K-12 students to develop a broader understanding of the world they are raised in, as well as the Native American communities and individuals they encounter throughout their lives. This program also contributes to shaping the perception of their world as they reach adulthood.
In the upcoming days, the Indian Education for All bill will begin its journey through the Senate.
This story is co-published by Montana Free Press and ICT, a news partnership that covers the Montana American Indian Caucus during the state’s 2023 legislative session. Funding is provided in part by the Headwaters Foundation.
