This bibliography is reformatted and customized by the Center for Positive Practices for the Positive Universe: Earth Protection Team website. Some of the authors featured on this page include Berniece B. Seiferth, Albuquerque La Confluencia, Jens Dahl, Vine Deloria, Washington Commission on Civil Rights, Dean J. Kotlowski, Reston Council for Exceptional Children, Seattle American Friends Service Committee, Albuquerque. American Indian Law Center. New Mexico Univ., and Ernest Gerlach.
(1974). Training Needs of Indian Parent Advisory Committees. Since Title IV of the Indian Education Act of 1972 stipulates organization of parent advisory committees for input in program development and since Federal aid to American Indian education has been misused and mismanaged in the past, it is essential that parent advisory committees be trained to effectively utilize legislation affecting Indian education. Indian parents need to be thoroughly acquainted with the Johnson O'Malley Act of 1934, Title I of the Elementary and Secondary Education Act of 1965, and Title IV of the Indian Education Act of 1972 if they are to effectively serve as advisory committee members. Generally, Indian parents do not understand their rights, the kinds of information they should have access to, or how they might organize to be effective. Having tried a variety of parent training methods, the Coalition of Indian Controlled School Boards has found that sending a specialist into the home where he can meet informally with small groups has produced the best results. Generally, the specialist presents an historical review of the laws; itemizes the areas in which parents should be involved; and details legal rights relative to program operations and expenditures. Development of a statewide organization of parent advisory committees to plan for use of Johnson O'Malley funds and to produce a legislative handbook on Indian education is recommended. Descriptors: Advisory Committees, American Indians, Elementary Secondary Education, Federal Aid
(2006). First Nations Education: Financial Accountability and Educational Attainment, Canadian Journal of Education. First Nations people have both a Constitutional and a Treaty right to education; however, the Crown's jurisdictional obligations to provide educational services have not lead to similar educational opportunities and attainment achievement for First Nations students as compared to Canadian students in provincial schools. Canada's Auditor General, in 2000, stated that Indian and Northern Affairs Canada could not demonstrate that it reached the objective to assist First Nations students on reserve in achieving their educational needs and aspirations. In 2004, the Auditor General noted a widening achievement gap. Using statistical information from the Department of Indian Affairs and the Auditor General to consider educational financial accountability, the author argues that equitable financial resources are required to support First Nations students in band-managed schools. [More] [More] Descriptors: Foreign Countries, American Indians, Educational Needs, Educational Attainment
(1976). Model Children's Code. The Model Children's Code was developed to provide a legally correct model code that American Indian tribes can use to enact children's codes that fulfill their legal, cultural and economic needs. Code sections cover the court system, jurisdiction, juvenile offender procedures, minor-in-need-of-care, and termination. Almost every Code section is supplemented with a commentary. Each comment section is divided into three subsections: law–reviews laws arising under the Indian Civil Rights Act that must be complied with by every tribe and cannot be omitted from the Code; purpose–reviews the section content and reasons for inclusion, and gives assistance in proper interpretation; and cross-reference–refers the reader to other Code sections that provide helpful information. Comment sections entitled "Law in State and Federal Courts" include only the law that is legally binding on state and Federal courts; "the law is not legally binding on tribal courts". These should not be confused with cases arising under the Indian Civil Rights Act which "are binding on tribal courts". Topics covered include: establishment, powers, duties, and authority of courts; children's court counselor, presenting officer, and guardian ad litem; original jurisdiction; transfer to adult tribal court; complaints, warrants, and custody; detention and shelter care; preliminary inquiry; investigation by the children's court counselor; the various hearings; pre-termination report and other reports. Descriptors: American Indians, Child Advocacy, Civil Liberties, Codification
(1977). Public Law 83-280 — A Report Prepared by American Friends Service Committee. Describing the "checkerboard" effect of legal jurisdiction over American Indians living on reservations currently operative under Federal, state, and local laws, this document presents a brief synthesis of the legislative history leading up to Public Law (PL) 83-280 and the Indian Self Determination Act of 1975 (PL 93-638). Specifically, this document addresses: early establishment of tribal sovereignty (the 1789 Northwest Ordinance, the 1834 Act of Congress, the case of Ex Parte Crow Dog, and the enabling acts of states) and the erosion of tribal sovereignty (1885 Major Crimes Act and the 1887 General Allotment Act); The Termination Act of 1953 and 1953 PL 83-280 (seen as an attempt by the U.S. government to end its responsibility to Indian peoples, since this law transferred civil and criminal law enforcement jurisdiction from the Federal government to the various states); the 1968 Indian Civil Rights Act (consent of tribes became mandatory for the assumption of further state jurisdiction); the 1975 Indian Self-Determination and Educational Assistance Act (recognized the right of tribes to manage their own affairs); the Indian Law Enforcement Act of 1975 (recent attempts to secure sovereignty based on the principle of local option repeal of PL 83-280); and Washington State under PL 83-280 (an illustration of the checkerboard effect of multiple jurisdiction). Descriptors: American Indian Reservations, American Indians, Court Litigation, Criminal Law
(1974). Federal Treaty Responsibility for Indian Education. In view of prior treaties and recent laws, American Indian affairs seem to fluctuate between two different problems–the extent of Federal control "over" Indians and the extent of Federal responsibility "to" Indians. Since treaty interpretations often come years after ratification, it is necessary that a treaty be liberally construed to the end that Indians retain the benefits conferred at the time the treaty was made. Given the trusteeship position of the U.S. government, there is no way that it can stand back and pretend it must deal with the tribes on a basis of equal responsibility for all citizens. Moreover, since treaties were made between tribes and the nation, there is a trust responsibility inherent in all government agencies, not just the Department of Interior. It is necessary to survey numerous treaties to determine the future probabilities of the treaty rights issue as it may arise in the field of education. While extensive research is needed to document responsibility to individual tribes, a brief survey of treaties reveals the following kinds of Federal educational obligations: (1) perpetual services; (2) implied perpetual services; (3) long-term services, subject to Presidential termination; (4) transfer of land for services or funds; (5) tribal educational funds upon ratification; (6) the right to Indian controlled schools. Descriptors: American Indians, Educational Responsibility, Federal Government, History
(2006). Out of the Woods: The Making of the Maine Indian Claims Settlement Act, American Indian Culture and Research Journal. "Maine appears out of the woods," the editor of the "Lewiston Evening Journal" opined, after President Jimmy Carter signed the Maine Indian Claims Settlement Act in 1980. That sigh of relief was heartfelt. During the 1970s, two Native American tribes, the Passamaquoddies and Penobscots, had sparked a long, statewide nightmare when they asserted claim to more than 12 million acres of land in the Pine Tree State. To the Indians, their claim and the ensuing settlement represented long-delayed justice. For private-property owners, however, the controversy unleashed great anxiety about the future of Maine's economy. To leaders in the Maine statehouse, Congress, and the White House, the matter was a conundrum pitting the demands of an aggrieved racial minority against the ire of an aroused white majority. When Congress, in 1980, granted the Passamaquoddies and Penobscots federal recognition and $81.5 million in cash, from which they could purchase up to 300,000 acres of land, all sides breathed easier. The land claims of these tribes form a compelling, albeit overlooked (by historians), story that illustrates three larger themes. The first involves the Native American rights movement, whose leadership and tactics proved quite diverse. Second, the Maine saga underscores the national scope of white backlash against Indian rights. Third, the Maine claims settlement cannot be separated from the shift in Indian policy. At its core, the Maine Indian Claims Settlement Act signaled an end more than a beginning. The tribes' expansive claim, the prospect of their victory in court, and the threat of similar suits in other eastern states made the road to restitution particularly long and tortuous. Passamaquoddy and Penobscot leaders at times used heated rhetoric to press their demands. Maine politicians–with the exception of Democratic Senator William D. Hathaway, who eventually brokered a compromise–sided with their non-Indian constituents, thus blocking a settlement. And the Carter administration, hamstrung by its own inexperience in governance generally and in Native American policy particularly, at best lurched toward a solution. Such happenings suggested that the Maine Indian Claims Settlement Act would be the last of its scale for the federal government. [More] Descriptors: Historians, Tribes, Federal Government, American Indians
(1972). Socio-Economic Profile of American Indians in Arizona and New Mexico. Staff Report #1. Giving the socioeconomic profile of American Indians in Arizona and New Mexico, the document presented data on the United States Indian population; Indian population in these 2 states; education; employment; income; housing; and health. Data were collected around 1970. Some of the information was: (1) the 1970 census reported that 827,982 Indians were living in the U. S., constituting less than 1 0/0 of the total population; (2) 44,500 Indians attend public schools in New Mexico and Arizona; (3) the majority of Indians residing on reservations in New Mexico and Arizona are either unemployed or underemployed; and (4) birth rates for indians are 2.2 times higher than for the general U.S. population. [More] Descriptors: American Indian Reservations, American Indians, Census Figures, Demography
(1976). Indian Justice: A Research Bibliography. Council of Planning Librarians Exchange Bibliography 1134, October 1976. Compiled for educators, social workers, police officers, planners, and others interested in the problem of criminal justice for Native Americans, this bibliography cites 911 materials pertaining to American Indian justice. Covering the period from 1966 to 1975, citations were extracted from the following indices and abstracts: Readers' Guide to Periodical Literature, Social Sciences and Humanities Index, Index to Legal Periodicals, Crime and Delinquency Literature, Abstracts of Criminology and Penology, Crime and Delinquency Abstracts, Poverty and Human Resources' Abstracts, Psychological Abstracts, and Sociological Abstracts. The 10 sections cover: general works which deal with the socio-historical situation of Indians in the U.S.; bibliographies and indices which deal specifically with Indian justice and other relevant topics; cultural and social organization; social psychology of Native Americans; social problems, i.e., alcoholism, criminal behavior and deviance, racial discrimination, poverty, health instability, protest confrontations between Native Americans and the state and Federal government; urban problems; administration of Indian justice; Indian law and civil rights; property and resource rights; and social policy and reform. Descriptors: Administration, Agency Role, Alaska Natives, American Indian Reservations
(1991). The Parents' Guide to Advocating for Children in Alaska's Schools. Parents know their children better than any outside expert and can use that knowledge to advocate for their children. This handbook is designed to assist parents in Alaska in advocating for their children, with the eventual goal of helping children identify situations that need advocacy and to take responsibility for advocating for themselves. Section 1, "Rights and Responsibilities," delineates parents' rights and responsibilities regarding their children's education. Section 2, "20 Questions: Common Concerns among Parents," presents answers to specific questions ranging from whether parents can request a specific teacher to how much to tell their child's teacher about their family life. In Section 3, "When Our Children Are in Trouble," parents and professionals discuss how to handle clashes between school authorities and students and how to advocate when the child is clearly breaking a rule. Section 4, "When Our Children Have Special Needs," provides an overview of federal and Alaska state law, and advice from parents who are veterans of special education advocacy. Section 5, "When Cultures Collide," discusses how to advocate for children from Alaska Native, American Indian, African American, and Hispanic families. Section 6, "Effective Communication," offers tips on how to navigate the system of public education and presents the "Ladder of Participation," a communications model. Section 7, "Resource Guide," lists statewide agencies and organizations and hotline numbers for parents and children. [More] Descriptors: Alaska Natives, American Indians, Black Students, Child Advocacy
(1979). Fact Sheets from the ERIC Clearinghouse on Handicapped and Gifted Children: 1979 Series. A series of 20 fact sheets is provided giving basic information on specific subjects of interest to those working with handicapped and gifted children. The fact sheets, developed by the ERIC (Educational Resources Information Center) Clearinghouse on Handicapped and Gifted Children during fiscal year 1979, are designed in question/answer format and have resource references. Following are the topics of the fact sheets: career education, how a parent group can effect legislation for the gifted and talented, the special education job market, federal resources for special education, assessment of minority students, cultural values and motivation, educational rights of American Indian and Alaska native handicapped children, special problems of handicapped minority students, multicultural education and the exceptional child, self identity and the culturally diverse child, affirmative action for the handicapped, reaching handicapped children in their early years, the argument for early intervention, the IEP (individualized educational plan) review, parents' rights and responsibilities, privacy and confidentiality, adjudicated handicapped youth, responsibilities of regular classroom teachers for handicapped students, higher education for handicapped students, and bilingual education for exceptional children. Descriptors: Alaska Natives, American Indians, Bilingual Education, Career Education
(1984). Censorship: Challenges, Concerns and Cures. While censorship pressures emanate from all points on the political spectrum at different times, the current censorship movement comes mostly from political conservatives. Censorship efforts by the Reagan administration include barring entry of foreign speakers whose views do not coincide with those of the administration, inhibiting the free flow of films between Canada and the United States, denying press coverage for controversial administration actions such as the invasion of Grenada, and enlarging the number of documents classified as secret. Social studies topics considered unacceptable by some present-day censor groups include women's suffrage, civil rights, America as a nation of immigrants, American Indian experiences, Watergate, slavery, and global education. These efforts by the present administration and private groups have serious implications for social studies education, which emphasizes the development of students' awareness of and ability to deal with social issues. Several techniques are open to social studies teachers trying to eliminate censorship in the classroom. Among these are awareness of teacher self-censorship, respect for parents' rights, and encouragement of a clearly stated district policy on censorship. Descriptors: Academic Freedom, Censorship, Classroom Environment, Controversial Issues (Course Content)
(2008). Native American Languages as Heritage Mother Tongues, Language, Culture and Curriculum. This article examines current efforts to revitalise, stabilise, and maintain Indigenous languages in the USA. Most Native American languages are no longer acquired as a first language by children. They are nonetheless languages of identity and heritage, and in this sense can and should be considered mother tongues. The article begins with a discussion of the concept of heritage mother tongues. This is followed by an overview of the present status of Native American languages, the historical and ideological bases of Native American language shift, and the policy framework for current language reclamation efforts. I then discuss four cases of grass-roots or "bottom up" language planning that illustrate the ways in which Native American communities are working around and through historical and institutional constraints to reclaim and maintain their heritage mother tongues. I conclude with a reflection on the challenges and possibilities these efforts raise, their significance as part of a global language rights movement, and their potential to strengthen linguistic and cultural diversity in the USA. [More] Descriptors: Language Maintenance, Language Planning, American Indians, Cultural Pluralism
(1978). Indian Tribal Sovereignty and Treaty Rights. Legal, philosophical, legislative, historical, and international aspects of the issue of Indian tribal sovereignty and treaty rights are presented in six articles based on transcripted proceedings of a forum held at San Diego State University April 12-14, 1978. In the introduction, Sam Deloria examines various definitions of tribal sovereignty. In "Political Ethics and Indian Advocacy" Walter Koppelman notes that after 500 years of support for the principle of Indian self-government, little Indian self-government exists and that American liberty is at stake. "Sovereignty: Fact or Fiction" is a debate between Vine Deloria, Jr., and Congressman Lloyd Meeds about recommendations of the American Indian Policy Review Commission. Clara Sue Kidwell, in "Case Studies: How Sovereignty works in the U.S. Today", reports on tribal sovereignty as observed on and by the White Earth Chippewa Reservation (Minnesota), the Choctaw Reservation (Mississippi), and the Makah Reservation (Washington). Ed Castillo speaks on the preservation of Indian heritage. The topic of "Indian Sovereignty in the Americas and in the International Community" is examined by Roxanne Dunbar Ortiz and Tom Davies; they present an international perspective and examine political experiences of indigenous peoples in Latin America. The document concludes with a poem by Simon Ortiz. Descriptors: American Indian Reservations, American Indians, Case Studies, Colonialism
(1982). Statement on the Fiscal Year 1983 Education Budget. Clearinghouse Publication 73. In this statement, the U.S. Commission on Civil Rights assesses the potential effects on equal educational opportunity of the Reagan Administration's proposed budget for fiscal year (FY) 1983. The statement briefly reviews the past federal role in achieving equal educational opportunity and then discusses proposals in the FY 1983 budget to change to block grants and/or reduce federal expenditures for specific programs in elementary, secondary, and higher education. The commission argues that the budget will diminish the federal role in ensuring equal educational opportunity. A lengthy appendix provides brief descriptions of programs that have helped in achieving equal educational opportunity but that are earmarked for either funding reductions or changes to block grants. Seven elementary and secondary programs are examined, including aid to disadvantaged children, civil rights assistance, and bilingual, handicapped, women's, and American Indian education. Thirteen higher education programs are reviewed, including educational opportunity grants, student loans, institutional development aid, programs for disadvantaged students, graduate and professional opportunities, land-grant and minority institutions, and migrant education. [More] Descriptors: Block Grants, Budgets, Educational Opportunities, Elementary Secondary Education
(1990). IWGIA Yearbook 1989. Based on various international sources, this publication gives an overview of events affecting the indigenous peoples of the world during 1898. Part I, the International Work Group for Indigenous Affairs (IWGIA) Annual Report, describes the programs and activities of IWGIA during 1989. Part II addresses issues of political problems and progress, genocide, land disputes, health, and human rights. After an obituary for George Manuel, a great North American Indian leader, the yearbook focuses on particular geographic locations. A map for each section shows the names and locations of the indigenous people, as well as the population of the area. The report discusses the following areas: (1) the Arctic; (2) North America; (3) Central America and Mexico; (4) South America; (5) the Pacific; (6) Australia and Aotearoa (New Zealand); (7) East Asia; (8) Southeast Asia; (9) South Asia; (10) West and Central Asia; (11) Europe and North Asia; (12) Northern Africa; (13) West Africa; (14) the Horn of Africa; (15) East Africa; (16) Central Africa; and (17) South of Africa. References are listed after each section. Part III includes a series of legal documents on indigenous rights and position papers presented to IWGIA. Part IV summarizes important issues in indigenous movements, including those affecting indigenous women, indigenous people in the Soviet North, and land titling in Peru. Descriptors: American Indians, Civil Liberties, Civil Rights, Genocide