The United States currently recognizes the sovereignty (self-governance) of 574 American Indian and Alaska Native tribes, located in 34 states, with populations that range from fewer than 50 to over 300,000. The litany of laws that govern the formal education of these tribes are both general and unique. Historic treaties with United States promised education to tribes in exchange for their land. Late nineteenth century federal Indian education laws and policies were genocidal weapons. Twentieth century education laws and policies simply transferred many federal responsibilities to states without attention to tribal rights and interests. Today, over 90% of K-12 tribal students attend state public schools, even on or near Indian reservations. But nationwide, American Indian and Alaska Natives have the lowest high school graduation rate of any ethnic group for whom statistics are kept. To better this situation, in a new era of political and economic stability, tribes across the country are reasserting their governance over the remaining federally funded Indian schools, co-managing public schools, and even starting their own school systems. This presentation will address the historic conquest and failures of Indian education by non-tribal governments, and the remarkable new federal, state, and tribal laws that are allowing and supporting a renaissance in tribal governance of education. An accurate understanding of both the past and the present laws and issues in the education of tribal students are crucial to the future of all United States citizens.

Keynote presenter Melody McCoy joined the Native American Rights Fund (NARF) as a staff attorney in 1986. At NARF, Melody has worked primarily in the areas of jurisdiction in Indian country, tribal rights in education, tribal intellectual property rights, and tribal trust funds. Melody is a past Co-Chair of the Federal Bar Association’s Indian Law Conference, 1990-1992. She served as President of the Colorado Indian Bar Association from 1990-1992, and a Board Member of the American Indian Bar Association (now the National Native American Bar Association) from 1990-1991. She was a member of NARF’s Litigation Management Committee (LMC) from 1992-1995 and again from 2007-2019. Melody received her undergraduate degree from Harvard University (1981) and law degree from the University of Michigan (1986). She is admitted to practice law in Colorado and Massachusetts. She has practiced before all levels of tribal and federal courts, including arguing a case before the U.S. Supreme Court. Melody is an enrolled member of the Cherokee Nation of Oklahoma.