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TO PROMOTE A BETTER UNDERSTANDING:
THE 1995-96 ACTIVITIES OF THE COMMITTEE ON INDIAN AFFAIRS

A Report to the 55th Legislature of the Committee on Indian Affairs

December 1996

Prepared by Connie Erickson

Legislative Research Analyst

Office of Research and Policy Analysis

Montana Legislative Services Division

COMMITTEE ON INDIAN AFFAIRS

MEMBERSHIP

Senator Linda Nelson, Presiding Officer

Representative Jay Stovall, Vice Presiding Officer

Senator Clarence A. "Casey" Emerson Representative George Heavy Runner

Senator Ethel Harding Representative Joan Hurdle

Senator Barry "Spook" Stang Representative Bonnie Martinez

COMMITTEE STAFF

Connie Erickson, Legislative Research Analyst

Eddye McClure, Attorney

Lois A. O'Connor, Secretary

Published by:

Montana Legislative Council

Senator John "J.D." Lynch, Presiding Officer

Montana Legislative Services Division

Robert B. Person, Executive Director

David D. Bohyer, Director, Office of Research and Policy Analysis

Gregory J. Petesch, Director, Legal Services

TABLE OF CONTENTS

PART ONE--SENATE JOINT RESOLUTION NO. 11

PREFACE 1

CHAPTER ONE--THE MONTANA CONSTITUTION AND AMERICAN INDIANS 5

INTRODUCTION 5

CONSTITUTIONAL CONVENTION STUDY NO. 17 6

ARTICLE X, SECTION 1, SUBSECTION (2) 7

INTENT 8

SUMMARY 10

CHAPTER TWO--THE ROLE OF INDIAN STUDIES IN PUBLIC SCHOOLS IN MONTANA 13

INTRODUCTION 13

SCHOOL DISTRICTS 13

SCHOOLS 18

SUMMARY 24

CHAPTER THREE--THE ROLE OF INDIAN STUDIES IN HIGHER EDUCATION IN MONTANA 27

INTRODUCTION 27

COMMUNITY COLLEGES 27

DEMOGRAPHICS 28

COURSE OFFERINGS 28

FACULTY/STAFF TRAINING 29

TEXTBOOK SELECTION 29

MISCELLANEOUS 29

COLLEGES OF TECHNOLOGY 29

DEMOGRAPHICS 30

COURSE OFFERINGS 30

FACULTY/STAFF TRAINING 30

TEXTBOOK SELECTION 31

MISCELLANEOUS 31

PUBLIC COLLEGES AND UNIVERSITIES 31

DEMOGRAPHICS 32

FACULTY/STAFF TRAINING 32

TEXTBOOK SELECTION 32

COURSE OFFERINGS/GRADUATION

REQUIREMENTS 32

NATIVE AMERICAN STUDIES PROGRAMS 33

MISCELLANEOUS 33

MUS TEACHER EDUCATION PROGRAMS 34

DEMOGRAPHICS 34

FACULTY/STAFF TRAINING 34

COURSE OFFERINGS/GRADUATION

REQUIREMENTS 34

RECRUITMENT AND RETENTION OF INDIAN STUDENTS 35

JOB PLACEMENT 35

TEXTBOOK SELECTION 35

PRIVATE COLLEGES AND UNIVERSITIES 36

DEMOGRAPHICS 36

FACULTY/STAFF TRAINING 36

TEXTBOOK SELECTION 37

COURSE OFFERINGS/GRADUATION

REQUIREMENTS 37

NATIVE AMERICAN STUDIES PROGRAMS 37

MISCELLANEOUS 37

PRIVATE INSTITUTION TEACHER EDUCATION

PROGRAMS 38

DEMOGRAPHICS 38

FACULTY/STAFF TRAINING 38

COURSE OFFERINGS/GRADUATION

REQUIREMENTS 38

RECRUITMENT AND RETENTION OF INDIAN STUDENTS 38

JOB PLACEMENT 38

TEXTBOOK SELECTION 39

SUMMARY 39

CHAPTER FOUR--THE ROLE OF INDIAN STUDIES IN MONTANA'S SCHOOL ACCREDITATION STANDARDS AND TEACHER CERTIFICATION STANDARDS 41

SCHOOL ACCREDITATION STANDARDS 41

TEACHER CERTIFICATION STANDARDS 43

SUMMARY 45

CHAPTER FIVE--PUBLIC HEARINGS 47

INTRODUCTION 47

PUBLIC SCHOOLS 47

PUBLIC SCHOOL PERSONNEL 48

TEACHER EDUCATION 49

HIGHER EDUCATION 49

FUNDING ISSUES 50

MISCELLANEOUS ISSUES 50

SUMMARY 51

CHAPTER SIX--COMMITTEE CONCLUSIONS 53

CHAPTER SEVEN--COMMITTEE DELIBERATIONS AND RECOMMENDATIONS 55

SEPTEMBER 13, 1996 55

INDIAN HISTORY AND CULTURE CLASSES 55

TEACHER EDUCATION 56

INDIAN STUDIES REQUIREMENTS FOR

TEACHERS 57

OCTOBER 22, 1996 58

LCCIA.1 59

LCCIA.2 60

LCCIA.3 61

LCCIA.4 62

LCCIA.5 62

GENERAL REVISIONS 63

FINAL RECOMMENDATIONS 63

PART TWO--VISITS TO MONTANA INDIAN RESERVATIONS 65

PREFACE 67

CHAPTER ONE--CROW INDIAN RESERVATION 69

BACKGROUND 69

DIALOGUE WITH THE CROW TRIBE 71

TAXATION 71

107TH MERIDIAN SETTLEMENT 72

ALLOTMENT ACT OF 1920 73

GAMING 73

INDIAN HEALTH SERVICE 73

BUREAU OF INDIAN AFFAIRS 74

INSTITUTE FOR MICRO-BUSINESS AND TOURISM 74

SUMMARY 74

CHAPTER TWO--FORT PECK INDIAN RESERVATION 77

BACKGROUND 77

DIALOGUE WITH THE FORT PECK TRIBE 79

FETAL ALCOHOL SYNDROME 80

ENVIRONMENTAL ISSUES 80

CHILD SUPPORT ENFORCEMENT 81

LAW ENFORCEMENT ON THE RESERVATION 81

WELFARE REFORM 82

TAXATION 82

SUMMARY 82

APPENDIX A The Indian Studies Law: An Exercise in Futility?, 83

APPENDIX B Results of Public Hearings in Great Falls, Crow Agency, 105

and Poplar

APPENDIX C SB NO. 117/lc 0530 115

PART ONE

SENATE JOINT RESOLUTION NO. 11

"The state recognizes the distinct and unique culturalheritage of the American Indians and is committed inits educational goals to the preservation of theircultural integrity."

Article X, section 1, subsection (2)

Constitution of Montana

PREFACE

American Indians are the largest minority group in Montana. Indians comprise6% of the state's general population, 10% of the K-8 public school population,and 7% of the public high school population. Between 1980 and 1990,American Indians accounted for 28% of the state's population growth. Thereare seven federally recognized Indian tribes in Montana. There is one state-recognized Indian tribe that is currently seeking federal recognition.

In recent years, Indian tribes have begun to exert tribal sovereignty in manyareas, such as taxation, gambling, hunting and fishing rights, and naturalresource regulation. Because reservations are populated by a mixture of Indiansand non-Indians, these exertions of tribal sovereignty often result in conflict andtension on both sides. One key to resolving conflicts between disparate groupsis education; the more people know about one another, the easier it is to resolvedifferences or at least to respect each other's position.

Montana has attempted to address this issue of education as far as its Indianpeople are concerned. In June 1972, the delegates to the MontanaConstitutional Convention adopted Article X, section 1, subsection (2), forinclusion in the proposed new Constitution. The language reads:

The state recognizes the distinct and unique cultural heritage ofthe American Indians and is committed in its educational goals tothe preservation of their cultural integrity.

With the adoption of that language, the State of Montana committed itself tothe preservation of the cultural heritage of the state's first inhabitants.

Within 1 year of the adoption of the Constitution, the Montana Legislaturepassed the Indian studies law that required all teachers in public schools on ornear an Indian reservation to receive instruction in American Indian studies. After April 1, 1979, all affected school districts could employ only thosecertified teachers who met the Indian studies requirement. A second piece oflegislation passed at the same time encouraged public schools to include in theircurricula courses on Indian history, culture, and contemporary affairs andencouraged teacher training programs to prepare teachers for teaching Indianchildren. The Indian studies law was met with a great deal of opposition andwas eventually amended in 1979 to allow local school districts to decide if theywanted their teachers to receive this instruction. (For a complete history of theIndian studies law, please refer to Appendix A.)

In 1995, the Montana Legislature adopted Senate Joint Resolution No. 11,introduced by Senator Vivian Brooke and cosponsored by the members of theCommittee on Indian Affairs. The resolution requested the Committee onIndian Affairs to study:

(1) the degree to which Montana's public schools are incompliance with Article X, section 1, subsection (2), ofthe Montana Constitution;

(2) the role of American Indian studies in the overallcurriculum of the Montana University System and otherinstitutions of higher learning in the state, with specialattention to the teacher education curriculum; and

(3) the level of knowledge of the general public abouthistorical and contemporary American Indian issues.

The study resolution further directed the Committee to make recommendationson how to address any deficiencies that the Committee may find in the courseof its study and to report those recommendations, along with the Committee'sfindings and conclusions, to the 55th Legislature.

With the assistance of the Commissioner of Higher Education, the Office ofPublic Instruction, the Montana Advisory Council on Indian Education, and theAmerican Indian Higher Education Consortium, staff began the work ofgathering and analyzing pertinent information through interviews, surveys,literature reviews, and public hearings. Staff wishes to acknowledge theassistance of the following people in the completion of this study:

Norma Bixby, Director of the Northern Cheyenne Tribal EducationDepartment

Dori Nielson, Education Analyst, Office of Public Instruction

Bob Parsley, former Director of Indian Education, Office of PublicInstruction

Ellen Swaney, Director of American Indian/Minority Achievement, Officeof the Commissioner of Higher Education

Deborah Wetsit, Ed.D., formerly with the University of Montana-MissoulaSchool of Education

CHAPTER ONE

THE MONTANA CONSTITUTION AND AMERICAN INDIANS

INTRODUCTION

At the call of Acting Governor Thomas F. Meagher, Montana held its firstconstitutional convention in 1866. The citizens, frustrated by the power of thefederal government over territorial activities, were agitating for federalrecognition. Having been a territory for only 2 years, however, statehood wasout of the question, and the work of the convention had little impact. A secondconstitutional convention took place in 1884, resulting in a document thatformed the basis of the Constitution adopted in 1889 when Montana becamea state. The 1889 Constitution drew heavily from the constitutions of NewYork and Colorado. Many of the provisions were more statutory thanconstitutional in nature, as exemplified by the net metal mines tax. The resultwas a document that lacked flexibility; between 1890 and 1971, theConstitution was amended 37 times. By the late 1960s, questions were beingraised about the Constitution's ability to meet the challenges of the mid-twentieth century.

In 1967, the Montana Legislature passed House Resolution No. 17 and SenateResolution No. 22, asking the Legislative Council to study the Constitution todetermine whether it was adequately serving the needs of Montana's citizensand to examine alternative methods for changing the Constitution. As a resultof its study, the Council concluded that of the 262 sections of the 1889Constitution, 124 were adequate as written, 53 sections should be revised, and85 sections should be repealed.(1) In addition, the Council concluded that thethen-current amendment process was inadequate to address the necessarychanges. The Council recommended that the 1969 Legislature establish aConstitution Revision Commission to recommend changes to the Constitutionand a method for effecting those changes.

The 1969 Legislature complied with the recommendations of the Council bypassing Senate Bill No. 111 (Chapter 53, Laws of 1969) that established theMontana Constitution Revision Commission. The Commission was charged withdetermining whether the Constitution impaired effective state government;comparing the Constitution with those of other states; and publishing a reportwith the Commission's findings, recommendations, drafts of proposals forchange, and recommendations for implementing those changes. At the sametime, the Legislature passed Senate Bill No. 297 (Chapter 65, Laws of 1969)that referred the call for a constitutional convention to the voters at the 1970general election. Referendum No. 67 passed with 65% of the vote. At thenext legislative session, House Bill No. 168 (Chapter 296, Laws of 1971)authorized the election of convention delegates, established a constitutionalconvention commission to prepare for and assist the convention, andappropriated money for the operation of the commission and the conventionitself.

The regular session of the Convention began on January 17, 1972, andconcluded on March 24, 1972. The new Constitution was referred to thepeople at an election on June 6, 1972. After a heated campaign, theConstitution was approved by a scant 50.6% of the people voting on thequestion.

CONSTITUTIONAL CONVENTION STUDY NO. 17

The Constitutional Convention Commission, in preparation for the actualconvention, prepared a series of background studies on each of the issues thatthe convention delegates would address. In Study No. 17, the issue waseducation. In the section on equal educational opportunity, the study discussedIndian education, particularly the protection of the cultural integrity of Indians. The study concluded that states have the obligation to:

(1) provide equal educational opportunities for Indian childrenthrough adequate financial support;

(2) eliminate all forms of discrimination against Indians ineducation; and

(3) allow for the existence of schools that meet theindigenous cultural needs of Indians by fosteringeducational diversity and community control.(2)

The study went on to state that these principles could be embodied in a modelconstitutional provision on equal educational opportunity and Indian education.(3)

ARTICLE X, SECTION 1, SUBSECTION (2)

On March 10, 1972, the Constitutional Convention delegates began debate onthe Education and Public Lands Committee Proposal No. 10. The first part ofsection 1 of the proposal read as follows:

Section 1. EDUCATIONAL GOALS AND DUTIES OF THESTATE. It shall be the goal of the people of Montana to providefor the establishment of a system of education which will developthe full educational potential of each person. Equality ofeducational opportunity shall be guaranteed to each person of thestate.

Shortly after the debate began, Delegate Dorothy Eck offered an amendment tosection 1 of the proposal. The amendment was the inclusion of a newparagraph that read: "The state recognizes the distinct and unique culturalheritage of the American Indians and is committed to the preservation of theircultural integrity." The idea for the amendment came from two young Indianstudents from the Fort Peck Reservation who appeared before the Bill of RightsCommittee asking for some assurance that they would have the opportunity tostudy their own culture and language and develop a sense of pride in thatculture and that all Montana students would recognize the importance and thedignity of American Indians in the life of Montana.(4) Because education seemedto be the students' greatest concern, the Bill of Rights Committee felt that anamendment to the education article was more appropriate.

Delegate Gene Harbaugh offered an amendment to Delegate Eck's amendment. After the phrase "and is committed", he inserted the phrase "in its educationalgoals". According to his recorded statement, it appears Delegate Harbaugh'sintent was to ensure that this commitment to the preservation of Indian culturalintegrity was part and parcel of the educational goals already mentioned insection 1 of the proposal.(5) His amendment was adopted, and then DelegateEck's amendment was adopted with one dissenting vote.

INTENT

What was the intent of the Constitutional Convention delegates in including thislanguage regarding American Indians in the education article? This was not aneasy question to answer. However, a review of the verbatim transcripts of thedebate on March 10, 1972, revealed two issues that repeatedly surfaced in thedebate: the need to acknowledge American Indians in the Constitution in somemanner and the need to address the problems that existed between the Indianand non-Indian populations of the state. The need for knowledge andunderstanding was expressed by many of the delegates participating in thedebate, and knowledge and understanding could come only through education. It is interesting to note that Delegate Harbaugh, in offering his amendment,stated the need to tie the preservation of Indian cultural integrity to the goalsfor education stated in section 1 of the proposal. If preservation of culturalintegrity was indeed to be a goal of education, then it would be logical tobelieve that the delegates intended that steps would be taken to achieve thatgoal. It is interesting to note that the stated goal of the development of "thefull educational potential of each person" generated a great deal of debatebecause the delegates were concerned about how that goal would be achieved.(6)

In order to assist the Committee on Indian Affairs in determining the intent ofthe Constitutional Convention delegates, staff sent questionnaires to fivedelegates who actively participated in the debate surrounding the proposal topreserve American Indian cultural integrity. Of the five surveyed, fourresponded: Dorothy Eck, Chet Blaylock, Raymond Champoux, and BobCampbell. (The fifth delegate, Gene Harbaugh, had moved and the forwardingaddress order had expired.) Following are the questions that were asked of thedelegates, with their paraphrased responses.

1. As a Constitutional Convention delegate, what was your intent inincluding this provision for the preservation of American Indian culturein the Montana Constitution (e.g. to simply recognize American Indiansin the Constitution or to implement a specific policy or program)?

Generally, the responses indicated that the purpose of the provision wasto recognize and express in the Constitution the value of the AmericanIndian culture and traditions and to encourage the Legislature and publicschools to develop appropriate policies and programs to keep that culturealive. Among some of the programs mentioned were special classes onIndian culture and history in public schools; special classes to instructteachers in Indian history and culture; and special educational eventsconcerning Indians. However, there was no discussion of a specificprogram that was to be implemented.

2. Why was this provision put into the education article rather than inanother part of the Constitution?

Originally, the provision was considered by the Bill of Rights Committee. The members of that committee, however, believed that it moreappropriately belonged in the education article--that it was in theeducation of the youth that Montana would begin to make differencesin race relations. It was also believed that implementation of theprovision would most likely be effected through education.

3. If your intent was to implement a specific policy or program, was thispolicy or program intended to preserve American Indian culture throughthe education of Indians about their culture or to preserve AmericanIndian culture through the education of all Montanans, Indians and non-Indians alike?

There was unanimous agreement that the intent was to educate Indiansand non-Indians alike, both students and the general public, especiallyteachers and administrators. One respondent also stated that hespecifically envisioned Indian culture, history, and language being taughtin the schools located on or near reservations.

4. If the intent was to educate, how did you envision this intent beingimplemented (e.g. by the Legislature through statute; by the Board ofPublic Education through administrative rules or accreditation standards;by local school districts; or by other means)?

The general consensus was that the Legislature would be involved inimplementation, as would other agencies, such as the Office of PublicInstruction, the Board of Public Education and the Governor's Office. However, there was no agreement on whether the Legislature wouldmandate programs or simply encourage educational agencies to developprograms. Mention was made of the use of incentives and theexpectation that cultural education and sensitivity toward Indians wouldbe part and parcel of the state's educational system.

SUMMARY

Twenty-three years have passed since the Constitutional Convention delegatesdebated Article X, section 1, subsection (2). Attempting to determine intentafter so long a period was a difficult task. However, based on a review of theConstitutional Convention Commission's background study on education, areview of the verbatim transcripts of the Convention itself, and the responsesof the delegates surveyed by the staff, it can be concluded that theConstitutional Convention delegates intended Article X, section 1, subsection(2), to be more than mere recognition of American Indians in the newConstitution. Rather, the delegates intended that the preservation of AmericanIndian cultural integrity would be effected through educational programsavailable to both Indians and non-Indians. Responsibility for the implementationof this provision was left unclear. However, the delegates did envision a rolefor the Legislature either by mandating programs or by encouraging educationalagencies to develop appropriate programs.

ENDNOTES

CHAPTER TWO

THE ROLE OF INDIAN STUDIES

IN PUBLIC SCHOOLS IN MONTANA

INTRODUCTION

One of the directives of Senate Joint Resolution No. 11 was to study the degreeto which Montana's public schools are in compliance with the constitutionalprovision calling for the preservation of the cultural integrity of AmericanIndians. Because the current Indian studies law is applicable only at thediscretion of the local board of trustees and because curriculum is also theprerogative of the local board, provided the curriculum meets the stateaccreditation standards, there was very little information collected at a centrallocation for the Committee on Indian Affairs to use to determine compliance. In order to gather the necessary information, staff devised a survey to be sentto a random sample of public schools in Montana, with a corresponding surveyto be sent to the school district in which the selected schools were located. The survey was devised with the assistance of the Office of Public Instruction. The purpose of the survey was to find out what schools and districts weredoing in the area of Indian studies both for students and for teachers. Everyattempt was made to ensure that individual schools and districts would not beidentified by name and thus singled out for praise or criticism. Some of thequestions did not particularly pertain to the SJR 11 study. These questionswere asked as a courtesy to the Office of Public Instruction (OPI) as a way forOPI to evaluate some of its programs and services. Survey responses will beshared with OPI.

SCHOOL DISTRICTS

The school district survey was sent to 153 school districts across the state. Ofthe 153 surveys mailed, 121 were returned for a return rate of 79%. Thequestions covered such areas as pupil-instruction-related (PIR) days, textbookselection, teacher recruitment, use of noncertified personnel, the Indian studieslaw, and assessment of language needs. The following is a summary of thesurvey responses to specific questions.

(1) Are the certified personnel in your school district required to takeinstruction in American Indian studies in order to be employed?

() Yes

() No

This question pertained to the Indian studies law (20-4-211 through 20-4-214,MCA). Application of the law is at the discretion of the local board of trustees. Of the 119 districts that responded to this question, only 7% answered "yes". It is obvious that local trustees have overwhelmingly opted not to implement theIndian studies law in their districts.

(2) Has your school district provided or does it provide instruction inAmerican Indian studies during PIR days?

() Yes

() No

A PIR day is a pupil-instruction-related day of activities devoted to improving thequality of instruction. A PIR day may be used for inservice training, attendingstate education meetings, or conducting parent conferences. A school districtmay hold up to 7 PIR days during a school year, 3 of which must be devoted toinstructional and professional development meetings or other appropriateinservice training (20-1-304, MCA). For many years, members of the Indianeducation community have encouraged school districts to devote at least 1 PIRday to instruction in Indian studies or Indian cultural awareness. Of the 120districts that responded to this question, only 22% answered "yes".

(3) Does your school district offer or plan to offer inservice training forcertified personnel in such areas as learning styles, cultural sensitivity,or English as a second language?

Each of these areas--learning styles, cultural sensitivity, and English as a secondlanguage--are of great concern to Indian parents because the vast majority ofthe teachers of Indian children are non-Indians who may not understand thecultural differences in learning styles or who may interpret language difficultiesas mental deficiencies. Training in these areas is important to the Indiancommunity. Of the 119 districts that responded to this question, 44%responded "Yes".

(4) If you answered "yes" to Question 3, what training is provided?

This was an open-ended question that allowed a district to discuss what typesof inservice training the district provided its teachers. By far the most populartype of training was on learning styles. A number of districts listed training inissues such as Indian language and culture, critical analysis of Indian curriculummaterials, and curriculum development. Many districts listed tribal colleges andtribal education departments as resources in the development of inserviceprograms.

(5) If your district is located on or near an Indian reservation, does theorientation for new teachers include information about the Indian tribeor tribes that live on that reservation?

() Yes

() No

Indian tribes are very concerned that teachers come to the reservations knowingnothing about the children they are going to teach. They would like theseteachers to have at least some basic information and fundamental understandingof the culture. Of the 81 districts that responded to this question, 27%answered "yes".

(6) Does your school district recruit Indian personnel for positions within thedistrict by advertising with:

() Native American Studies programs at colleges or universities

() Tribal colleges

() Tribal governments

() American Indian publications

() Other

Only 51 districts responded to this question. More than one answer waspossible. The greatest number of responses was in the "other" category. Farbehind were tribal colleges, Native American Studies programs, American Indianpublications, and tribal governments. Of the "other" responses, college anduniversity placement offices were listed most often. Newspapers and the JobService also received numerous mentions. A few districts specifically listedIndian resources, such as tribal organizations, Indian community buildings, andIndian publications.

(7) Has your school district used the emergency authorization procedure tohire noncertified Indians to teach Indian language and culture in yourschools?

() Yes

() No

(8) Does your school district anticipate using the new Class 7 certificate tohire noncertified Indians to teach Indian language and culture in yourschools?

() Yes

() No

Only 7% of the 116 districts that responded to Question 7 have used theemergency authorization. However, the "yes" responses increased to 12%when respondents were asked about the Class 7 certificate.

(9) Does your school district assess the language needs of Indian children?

() Yes

() No

Of the 107 districts that responded to this question, 34% answered "yes". Because many Indian children come to school from homes where English is notthe predominant language, Indian parents and educators believe that theirlanguage needs deserve to be assessed in a manner similar to non-Indianstudents who come from non-English speaking backgrounds.

(10) If you answered "yes" to Question 9, what programs/approaches doesyour school district use to meet the language needs of Indian students?

This open-ended question elicited a variety of responses from school districts. Most of the school districts use Title I programs to assist Indian children withtheir language needs.(7) Other districts use bilingual programs with nativelanguages. Other responses included standardized tests and specializedlanguage programs.

(11) In selecting American history and social studies textbooks, does yourschool district give consideration to the portrayal of American Indians asone of its selection criteria?

() Yes

() No

The Indian community has always been critical of the way Indians havehistorically been portrayed in textbooks, films, and other media. In more recenttimes, a concerted effort has been made to correct the stereotypical portrayal. However, the Indian community would like to see school districts make aconcerned effort to choose textbooks that accurately reflect the history andculture of American Indians and that offer role models to Indian children usingthe textbooks. Of the 109 districts that responded to this question, 76%responded "yes" that they include the portrayal of Indians as a selection criteriafor history and social studies textbooks.

(12) If resources were available, would your district offer American Indianstudies courses or classes?

() Yes

() No

Almost 67% of the 96 districts that responded to this question answered "yes". The Office of Public Instruction has developed numerous curriculum materialsfor use by schools and has publicized the availability of those materials to allschool districts. Whether school districts are using those materials or if theyhave found those materials unsuitable is a matter for conjecture.

(13) What programs, activities, special events, etc., does your school districtoffer to enhance the relationship between Indian and non-Indian studentsand to educate all students about American Indians?

This question was an opportunity for school districts to "toot their own horn"so to speak. Unfortunately, not every district took that opportunity. In fact, ofthe 121 districts that returned the surveys, 54 either did not answer thequestion or indicated that the question did not apply to the district. Of thosethat did answer, eight stated that they did little or nothing while four wrote thatthey had no Indian students. Of the remaining responses, the majoritycelebrated Native American Day or Native American Week with a variety ofactivities from guest speakers to building tipis. Some districts reported thattheir students participated in special tribal ceremonies. Others organized fieldtrips to tribal museums and tribal offices. One off-reservation district hasarranged an exchange with students from an on-reservation district.

SCHOOLS

The school survey was sent to 363 schools across the state. Of the 363surveys sent, 283 were returned for a return rate of 77%. The questionscovered such areas as Indian studies courses or units of study, textbooks,resources, and special activities. The following is a summary of the surveyresponses to specific questions.

(1) Does your school offer separate classes or courses in American Indianstudies at any grade level?

() Yes

() No

Of the 278 schools that responded to this question, 22% responded "yes". Those schools that responded "yes" were then asked to complete Questions 2through 6.

(2) What type of classes or courses does your school offer?

() Indian language

() Indian history

() Indian culture

() Other

Indian culture, Indian history, and Indian language were most often taught inthese separate classes. Some of the "other" responses included Indian crafts,anthropology, and tribal government.

(3) At what grade level are these classes or courses offered?

The courses were fairly evenly spread across grade levels.

(4) For how long are these classes or courses offered?

() entire year

() single semester

() single quarter

() single week

() single day

() other

Most of the courses were offered for an entire year. Semester courses werealso popular as were month-long courses. In the lower grades, the courseswere 1 to 2 weeks in length.

(5) Are these courses an integral part of your curriculum or are they anoptional offering?

() curriculum

() optional offering

Sixty-one percent of the 61 schools responding said that the courses are partof their curriculum and not just a course that is offered when enough studentsare interested.

(6) What resources do you use to develop the course curriculum?

() tribal members

() tribal education departments

() tribal colleges

() Office of Public Instruction

() Commissioner of Higher Education

() teachers/staff

() published curriculum

() other

Of the 61 schools that responded to this question, 49 used their own teachersin developing the course curriculum. However, almost one-half of the schoolsalso worked with tribal resources.

(7) If you are an elementary school, do you offer special programs oractivities to educate all students about American Indians?

() Yes

() No

This question was included for those elementary schools that may not haveoffered separate Indian studies classes but did offer special programs oractivities for their students. Unfortunately, the question was poorly placed inthe survey so that many schools that might have answered the question did not. However, of the 82 schools that did respond, 78% answered "yes".

(8) If you answered "no" to Question No. 1, what were the reasons?

() lack of money

() lack of curriculum resources

() lack of interest

() other

Lack of money, lack of resources, and lack of interest all garnered about thesame number of responses. However, most responses came in the "other"category. Most schools stated that Indian studies was incorporated into othercurriculum areas, primarily history and social studies. Other reasons includedlack of time, lack of Indian students, lack of interest, lack of personnel, and lackof a mandate.

(9) Does your school offer any courses that include a unit on AmericanIndians?

() Yes

() No

An overwhelming 98% of the 276 schools that responded to this questionanswered "yes". Based on the comments written on the surveys next to thisquestion and on answers to Question 18, many schools incorporated Indianstudies into history and social studies.

(10) Are you aware of the existence of the American Indian Law-RelatedEducation developed by the Office of Public Instruction?

() Yes

() No

(11) Does your school use any of the American Indian Law-Related Educationmaterials?

() Yes

() No

The Office of Public Instruction has collected and developed numerous materialsfor use by elementary and secondary schools that can be used to develop Indianstudies courses or units of study. The OPI has attempted to notify schools anddistricts of the existence of these materials. A little over half (55%) of theschools indicated that they knew of these materials. However, only about one-quarter of the schools actually used the materials.

(12) If you are a middle school, a junior high school, or a high school, are youaware of the existence of the "Native Voices" film library developed byKUSM Public Television?

() Yes

() No

(13) Does your school use any of the "Native Voices" films?

() Yes

() No

KUSM Public Television at Montana State University-Bozeman has developeda library consisting of seven films that explore different aspects of Indianhistory, culture, and art. The films are advertised as being suitable resourcesfor Indian studies. Unfortunately, only about 25% of the schools thatresponded knew about these films, and only about 11% were using the films.

(14) Does your school use other Indian resource materials?

() Yes

() No

(15) If you answered "yes" to Question No. 14, what materials do you use?

The purpose of these two questions was to elicit information about whatresources schools were using in teaching about Montana's Indians. Theresponses were numerous and varied. Schools listed individual titles of booksand videos, OPI-developed curriculum materials, community resources, teacher-developed materials, tribal materials, Montana Historical Society materials,Indian parents, and teacher inservice workshops.

(16) If available, would you use curriculum materials relating to AmericanIndian studies?

() Yes

() No

Ninety-five percent of the 260 schools responding to this question answered"yes".

(17) What books related to American Indians are used in your courses? e.g.American history, literature, or social studies?

The purpose of this question was to find out the titles of the books currentlybeing used by schools in teaching about Indians. Among the titles that wererepeatedly listed were Montana history books, National Geographic Societybooks, books written by Kenneth Thomasma, and books about specific Indiantribes. Most of the books were history and social studies books, although somefiction and literature titles were also listed.

(18) What other programs, activities, special events, etc., does your schooloffer to enhance the relationship between Indian and non-Indian studentsand to educate all students about American Indians?

The purpose of this question was to give schools the opportunity to talk aboutthose special programs and activities that they offer. Almost one-third of theschools chose not to respond to this question, while slightly over one-fourth ofthe schools responded with "none". As with the responses to a similar questionon the school district survey, the majority of the schools engage in somecommemoration of Native American Day or Native American Week. Speakers,powwows, musical events, field trips, Indian clubs, community dinners, specialtribal ceremonies, pen pals, and athletic events were all listed by the schools.

(19) What programs, activities, special events, etc., does your communityoffer to enhance the relationship between Indians and non-Indians andto educate all persons about American Indians?

Some schools may not offer anything in the way of special programs oractivities because their communities do so. The purpose of this question wasto allow schools to discuss those community activities in which their studentscould participate. Tribal powwows, museum programs, college and universityactivities, and community celebrations were among some of the activities thatwere listed.

SUMMARY

For the most part, schools are attempting to educate their students about therole of Indians in the history of Montana and the nation through the integrationof Indian history into the regular history and social studies curricula. Schoolsare also offering special programs or activities that highlight Indian history andculture. Some schools are teaching Indian languages and Indian culture to theirstudents. When asked if they would use curriculum materials relating to Indianstudies if the materials were available, schools overwhelmingly responded yes. At the same time, however, almost three-fourths of the schools indicated thatthey were not using the American Indian Law-Related Education materialsdeveloped by OPI, even though over one-half of the schools knew of theexistence of the materials.

The Indian community has long decried the lack of Indian teachers and the lackof non-Indian teachers who understand the cultural background of their Indianstudents and how that background affects the learning process. AlthoughIndian students make up about 10% of the K-12 population in Montana, Indianteachers account for less than 3% of the total number of teachers. Yet, veryfew school districts actively recruit Indian personnel, and most school districtsare not requiring any specific training in Indian studies for their teachers andadministrators and are not using PIR days to provide such instruction.

It was interesting to note that a number of surveys, both district and school,either marked "not applicable" on many of the questions or wrote that thequestion or survey did not apply to them because they had few, if any, Indianstudents in their district or school. It has been the position of the Committeefrom the beginning of this study that the constitutional provision applies to allschools, not just those with a significant Indian population. It may be just amatter of educating school districts about their constitutional responsibility andhoping that they will take this responsibility seriously by introducing Indianstudies into their curricula.

CHAPTER THREE

THE ROLE OF INDIAN STUDIES

IN HIGHER EDUCATION IN MONTANA

INTRODUCTION

In March and April of 1996, the Committee on Indian Affairs surveyed theinstitutions of higher education, both public and private, in Montana to gatherinformation on the role of Indian studies(8) in the overall curriculum, withspecial attention directed to the teacher education curriculum. Questionswere asked regarding the number of Indian students, faculty, and staff ateach institution; the courses in Indian studies that were offered; the trainingthat was provided to faculty and staff regarding Indian culture and issues;the selection of textbooks; and the recruitment and retention of Indianstudents, especially Indian students preparing to be teachers.

Thirty surveys were sent out to community colleges, private colleges anduniversities, units of the Montana University System, Native AmericanStudies programs, and teacher education programs. Twenty-six surveyswere returned. For those that were not returned, most of the informationsought was available from other sources. The following is a summary and ananalysis of the information gathered in the surveys and from other sources.

COMMUNITY COLLEGES

Community colleges in Montana are established through the organization of acommunity college district. Subject to certain requirements, the registeredvoters of any area of the state may request an election for the organizationof a community college district. Once the district is organized, anotherelection is held to select the trustees of the district who will have generalcontrol and supervision of the community college. The community collegedistricts are under the supervision and coordination of the Board of Regents. Community colleges are funded from a mixture of sources: tuition and fees,mill levies, state general fund appropriations, and income from sourcesoutside of the community college district.

A community college grants associate degrees. The associate of arts (A.A.)and associate of science (A.S.) degrees are transfer degrees that areawarded without a major designation. These two degrees are designed forstudents who will transfer to a 4-year institution to complete a baccalaureatedegree. The associate of applied science (A.A.S.) degree is an occupationaldegree that is awarded in a specific career occupational field. It is designedto prepare students for immediate entry into employment, but it may also betransferred to a baccalaureate degree program at a 4-year institution. Acommunity college may also award certificates to students who seek toacquire an occupational skill in a specified training program that is shorter induration and narrower in scope than a program leading to an A.A.S. degree. A community college may not award a baccalaureate degree.

There are three community colleges in Montana: Dawson Community College(DCC) in Glendive, Flathead Valley Community College (FVCC) in Kalispell,and Miles Community College (MCC) in Miles City. All three offer A.A., A.S.,and A.A.S. degrees, but only two award certificates.

Demographics

In the fall of 1995, there were 2,763 students enrolled in the threecommunity colleges. Of this number, 73, or 3%, were Indian. Only onecollege employed Indians in any capacity. The small number of Indianstudents most likely stems from the fact that every reservation in Montanahas a tribal college that offers both transfer and occupational associatedegrees as well as certificates. Therefore, the small number of Indianstudents enrolled in the community colleges is not surprising.

Course Offerings

Despite the small numbers of Indian students, all three community collegesoffer Indian studies courses. These courses are found in anthropology,English, history, literature, psychology, and sociology. Dawson CommunityCollege offers 10 courses under the title of Native American Studies.

Faculty/Staff Training

None of the colleges mandates diversity training for employees. Employeesare free to choose conferences aimed at diversity if they feel that theconferences address needs within their field. Flathead Valley CommunityCollege does employ a Native American/Multicultural Affairs Coordinator whotries to attend at least one conference per year specifically on Indian issues. This coordinator has also assisted instructors in incorporating Indian cultureinto their courses and has given presentations on specific topics, asrequested.

Textbook Selection

The selection of textbooks is the prerogative of the instructors of thecourses. None of the colleges offer any guidelines to instructors regardingtextbook selection. Flathead Valley Community College has adopted a policyregarding institutional values that includes valuing diversity.

Miscellaneous

Dawson Community College has a United Badlands Indian Club whosepurpose is to promote harmony and understanding between Indian and non-Indian students at DCC and to encourage Indian students to further theireducation.

Miles Community College has a Multicultural Club that was formed to orientnew foreign students to the MCC campus and to share cultural experienceswith the students and the community. The club now encourages all facultyand students who are interested in learning more about other cultures to join.

Flathead Valley Community College has a Pi-ta (Blackfeet for eagle) Club toprovide support services to Indian students and to bridge the gap betweenIndian and non-Indian cultures. The club provides financial aid throughscholarships and emergency loans and sponsors cultural activities for FVCCand the community.

COLLEGES OF TECHNOLOGY

The colleges of technology are the former vocational-technical centers thatwere originally governed under a joint arrangement between the local schooldistrict and the Office of Public Instruction. In July 1989, the Legislaturetransferred governance to the Board of Regents. Under the restructuring ofthe Montana University System in 1994, the five vocational-technical centerswere renamed "colleges of technology" and were affiliated with either theUniversity of Montana or Montana State University.

The colleges of technology offer associate of applied science degrees andcertificates. Prior to 1996, the A.A.S. degree offered at a college oftechnology was not transferrable to a 4-year institution. In recent months,however, the Board of Regents has authorized Montana Tech, WesternMontana College, and Montana State University-Billings to offer a Bachelor ofApplied Science degree. This will allow the A.A.S. credits earned at acollege of technology to transfer to a baccalaureate degree.

The five colleges of technology in Montana are located in Billings, Butte,Great Falls, Helena, and Missoula.

Demographics

There were 2,147 students enrolled in four of the colleges of technology inthe fall of 1995.(9) Of that number, 102, or 5%, were Indian. None of thecolleges employs any Indian full-time faculty or staff.

Course Offerings

Three of the colleges offer no Indian studies courses. One college offers asingle course in Native American culture. The Great Falls College ofTechnology offers two courses.

Faculty/Staff Training

All of the colleges reported that cultural diversity and sensitivity training wasoffered at their institutions. The Great Falls College of Technologyspecifically reported on a cultural diversity workshop presented by EllenSwaney that included a panel of Indians who presented their experiences andperspectives on cultural values, motivation, and behavioral norms.

Textbook Selection

Because the vast majority of the courses offered at the colleges oftechnology are of a technical nature as opposed to general studies, thetextbooks used in the courses are mainly technical. Therefore, the portrayalof Indians in those textbooks is not a relevant factor in their selection. However, one college reported that it could use some guidance in theselection of textbooks in which the portrayal of Indians would be a factor.

Miscellaneous

According to its survey responses, the Great Falls College of Technology isparticularly sensitive to the needs of its Indian students. The college librarysubscribes to a number of Indian publications, including "Spirit Talk", "IndianCountry Today", and "Native Peoples". Indian artwork can be foundprominently displayed throughout the institution. In Heritage Hall, the mainconference room, the flags of most of the Montana tribes are hung. Tutoringand counseling assistance are offered to Indian students, and the NativeAmerican Indian Club meets regularly on campus. The Great Falls College ofTechnology has the largest percentage of Indian students, 6%, of all of thecolleges of technology. This reflects the fact that Cascade County has thehighest percentage of Indians for a county that does not contain an Indianreservation.

PUBLIC COLLEGES AND UNIVERSITIES

There are six, public, postsecondary institutions in Montana that offerbaccalaureate as well as advanced degrees. As a result of recentrestructuring efforts, these six units are now affiliated with either theUniversity of Montana-Missoula or Montana State University-Bozeman:

University of Montana-Missoula

Western Montana College of the University of Montana

Montana Tech of the University of Montana

Montana State University-Bozeman

Montana State University-Billings

Montana State University-Northern

The vast majority of students seeking an education beyond high school inMontana attend one of these units.

Demographics

In the fall of 1995, there were 31,410 students enrolled in these six units. Of that number, 904, or 3%, were Indian. The percentage of Indian studentsranged from a high of 8% at MSU-Northern to 1% at Montana Tech. Of the1,236 full-time, tenured faculty, only 11, or 1%, were Indian. However,these 11 were employed at only two of the six units. Of the 4,312 full-timeemployees, again only 1% were Indian.

Faculty/Staff Training

Very little training in cultural diversity is taking place at these institutions. Ifan individual faculty or staff member chooses to attend some training off-campus, the person is free to do so. At one institution, new faculty areprovided with a one-half day training workshop at which cultural diversity isdiscussed. One institution reported that its Affirmative Action Office used todo annual workshops, but the office has been downsized in recent yearsbecause of a lack of funding.

Textbook Selection

Textbook selection is left to the discretion of the individual instructors. There are no institutional or departmental guidelines to assist instructors inselecting textbooks. However, instructors share their opinions andevaluations about textbooks with their colleagues on an informal basis. Atthose units with a Native American Studies (NAS) program, NAS staff talkinformally with other department staff about textbooks and the portrayal ofIndians.

Course Offerings/Graduation Requirements

All of the institutions offer courses in Indian studies. These courses areavailable through NAS programs as well as other academic disciplines, suchas history, humanities, social sciences, anthropology, education, English,sociology, art, journalism, linguistics, liberal studies, and reading.

All of the institutions have established either general education or corecurriculum requirements that all students must fulfill in order to graduate. Four of the institutions include NAS courses or other Indian studies coursesas an option in fulfilling these requirements. None of the institutionsspecifically requires a course on Indian studies in order to graduate.

Native American Studies Programs

Over the last 25 years, NAS programs have developed at four publicinstitutions. Two of the programs are "stand alone" programs within a largerdepartment or college. The remaining two programs are part of adepartment. All four institutions offer minors in NAS. One institution iscurrently proposing to offer a major in NAS.

The two "stand alone" programs offer more than just coursework. Theyoffer academic and personal counseling, tutorial services, financialassistance, and other support resources for Indian students.

Unfortunately, only two of the NAS programs provided information on thenumber of students enrolled in NAS courses. However, in both of thoseprograms, over 80% of the enrolled students were non-Indian. Of the sevenfull-time, tenured faculty in the NAS programs, five, or 71%, are Indian,while only 26% of the full-time employees of the NAS programs are Indian.

Miscellaneous

Montana State University-Billings has a Multicultural Students Services Officethat assists students in making academic, cultural, and social adjustments tocampus. The Intertribal Indian Club assists Indian students in adjusting tocollege life and helps foster pride in their cultural heritage. The IndianScience and Engineering Society provides scholarships, mentoring support,and leadership training to help Indian students prepare for successful careersin science and engineering.

Montana State University-Bozeman has a Center for Native American Studieswhose purpose is to provide and advance quality education for and about theIndians of Montana, the region, and the nation. The Center has four majorroles: teaching, research, public service, and student services. All of itsprograms are centered on these four roles. The American Indian ResearchOpportunities is an umbrella organization for several programs that focus onIndian students interested in science, technology, and mathematics careers. These programs all provide opportunities for Indian students to enter careerfields in which they are significantly underrepresented.

MUS TEACHER EDUCATION PROGRAMS

With the exception of Montana Tech, all of the 4-year institutions in theMontana University System train teachers. At two of the institutions,Western Montana College and MSU-Northern, teacher education is the mainthrust of the institution.

Demographics

In the fall of 1995, there were 2,103 students enrolled in the MontanaUniversity System teacher education programs. Of that number, 4% wereIndian. The range is from 2% at MSU-Bozeman to 8% at MSU-Northern. Ofthe 163 tenured faculty in the Montana University System teacher educationprograms, only 4 were Indian. Of the 106 full-time employees of the teachereducation programs (three units reporting), only 1 was Indian.

From 1991 through 1995, 2,789 students graduated from the teachereducation programs of the Montana University System and were certified asteachers. Of that number, only 70 were Indian.

Faculty/Staff Training

Cultural diversity training varies from program to program. Some programshave focused on multiculturalism in general through the development ofdepartmental action plans, curriculum review, and classroom experiences. Other programs have focused their efforts specifically on Indian issues, suchas recruitment and retention of Indian students and performance on theNational Teachers' Examination. Still other programs engage in facultyexchanges with Indian schools and partnerships with tribal colleges.

Course Offerings/Graduation Requirements

All of the teacher education programs offer either multicultural education orIndian studies courses. Three of the programs require students to takespecific courses either in multicultural education or in NAS. Studentsseeking a reading specialist endorsement at one college are encouraged totake any NAS course that pertains to Indian literature.

One program requires all students in teacher education to complete anexperience in a setting that serves persons who are of a culturally differentbackground from that of the student. This experience may occur in a schoolor a nonschool setting and must involve regular and personal interaction thatprovides a better understanding of the cultural group. This experience can bepart of the student's professional field experience.

Recruitment and Retention of Indian Students

There are some activities related to the recruitment and retention of Indianstudents into the teacher education programs. Some institutions are workingdirectly with tribal colleges to assist Indian students to make the transitionfrom the tribal college to the 4-year college. Faculty travel to the tribalcolleges to meet with students on such things as what courses to take thatwill transfer, sources of financial aid, what to expect at a 4-year institution,etc. One school has been involved in offering teacher education courses at atribal college to make the transition easier for the Indian students. At oneMontana University System unit, a faculty mentor is assigned to each Indianstudent.

Job Placement

There are no programs designed to specifically assist Indian students infinding teaching positions. Job listings, interview schedules, and career fairsare open to all students as are the services of the different placementoffices. At one institution, the Multicultural Student Services Office regularlyposts job openings that are directed toward minority students. The directoralso helps students apply for jobs and assists them with their applicationsand interviewing techniques. The director also sponsored a workshop forminority students that included school district officials talking about howminority applicants can obtain employment. Many Indian students do theirstudent teaching in places where they would like to teach someday. Thishelps improve their chances for employment in that school district.

Textbook Selection

Textbook selection is generally the prerogative of the individual facultymember based upon guidelines that the faculty member believes areimportant. This varies with the focus of a particular class and of theinstructor. Faculty members do discuss text and material selection thatincludes consideration of minority issues and authenticity. However, oneinstitution offers guidelines that provide faculty with some key ideas toconsider when evaluating textbooks and other materials. Some of theseideas include stereotyping, misrepresentations of minority cultures, and theomission of minority cultures.

PRIVATE COLLEGES AND UNIVERSITIES

There are two private colleges and one private university in Montana thatoffer baccalaureate as well as advanced degrees. These are Carroll Collegein Helena, Rocky Mountain College in Billings, and the University of GreatFalls in Great Falls (UGF). Both Carroll and UGF are affiliated with theCatholic Church. Rocky Mountain is affiliated with the United Church ofChrist, the United Methodist Church, and the Presbyterian Church (U.S.A.). As private institutions, none of them receives direct public funding. All threeare fully accredited institutions of higher learning.

All three institutions offer associate and baccalaureate degrees. TheUniversity of Great Falls also offers two graduate degrees. Teachereducation programs play an important role at each institution. Only UGF,however, has an NAS program.

Demographics

There were 3,367 students enrolled in the three private colleges in the fall of1995. Of that number, 178, or 5%, were Indian. This percentage is higherthan the percentage of Indian students enrolled in the Montana UniversitySystem. The percentage of Indian students at Carroll was only 1%, whileRocky Mountain and UGF reported 7% and 8%, respectively. There were noIndian full-time, tenured faculty at any of the three institutions, and only 1%of the full-time employees were Indian.

Faculty/Staff Training

Cultural diversity training at these institutions ranges from practically nothingto a fairly extensive program. One institution conducts annual workshopsand festivals celebrating cultural diversity and includes a cultural diversitycomponent during its semiannual faculty retreats. This same institution hasalso sought and received grants to allow faculty members to attend culturaldiversity workshops and to sponsor a forum with faculty and students fromLittle Big Horn College. One of the goals of this same institution is to shiftemphasis away from "artificial" activities, such as awareness weeks, and todesign a comprehensive program that weaves training in cultural diversityawareness into the more daily activities of faculty, staff, and students.

Textbook Selection

Textbook selection is left to the discretion of the individual faculty member. There are no institutional or departmental guidelines to assist facultymembers in selecting textbooks. However, at one institution, culturaldiversity training is a part of the spring and fall faculty retreats as a way toremind faculty members of the importance of considering how minorities arerepresented in their course content.

Course Offerings/Graduation Requirements

All three institutions offer courses in Indian studies. These courses areavailable through NAS programs as well as other academic disciplines, suchas art, anthropology, applied management, English, history, integrated liberalstudies, political science, religious studies, sociology, and theology.

All of the institutions have general academic requirements that all studentsmust fulfill in order to graduate. All three include Indian studies courses asan option in fulfilling these requirements. None of the institutions specificallyrequires a course in Indian studies in order to graduate. However, one schoolrequires all freshman students to take a communications course, with anemphasis on writing, that is an introduction to other cultures.

Native American Studies Programs

Only one private institution offers an NAS program. It is a "stand alone"program within a larger department and offers a minor in NAS. There are nofull-time, tenured faculty who are Indian. However, two of the fourinstructors in the program are Indian.

Miscellaneous

Rocky Mountain College employs an American Indian Student Advisor whoassists Indian students with the transition to college life and is available foracademic as well as some personal counseling. The University of Great Fallshas a United Tribes Club that helps promote cultural unity among Indianstudents and supports educational and cultural activities. Carroll Collegeoffers an annual scholarship to an enrolled member of a Montana Indian tribe. Rocky Mountain College offers five full-tuition scholarships to Indianstudents.

PRIVATE INSTITUTION TEACHER EDUCATION PROGRAMS

All three of the private institutions have teacher education programs. Theseprograms form an integral part of each institution's role and scope.

Demographics

Because of confusing wording in the survey design, the data regarding thetotal number of students and the number of Indian students enrolled in theteacher education programs at the three private institutions is unavailable. However, over the last 5 years, two of the institutions have graduated 295students who were certified as teachers. Of that number, 19, or 6%, wereIndian.

Faculty/Staff Training

Each of the three institutions provided some form of training for its facultyand staff during this last year. This training included workshops, institutes,and special presentations by staff from the Office of Public Instruction.

Course Offerings/Graduation Requirements

One private institution offers coursework in multicultural education. Twoinstitutions require students to take a course in multicultural education or inIndian studies.

Recruitment and Retention of Indian Students

There are few special efforts to recruit and retain Indian students beyond thenormal recruitment and retention efforts that are made for all students. Oneinstitution has begun an outreach program in teacher education withBlackfeet Community College. Another institution has an American IndianStudent Advisor who is available to assist all Indian students who may beexperiencing problems.

Job Placement

Indian students can avail themselves of the same job placement services thatare available to all students. No special assistance is given outside of thenormal activities of a placement office.

Textbook Selection

There are no guidelines for the selection of textbooks. Although eachinstitution is aware of the need to portray minorities accurately and toconsider how minorities are represented in its courses, each institutionbasically relies on the professional judgment of the instructor in selectingtexts. One institution stated that one of its hiring goals is to employ facultywho are sensitive to minority issues.

SUMMARY

In the fall of 1995, there were almost 40,000 students enrolled in the threecommunity colleges, five colleges of technology, three private colleges, andsix units of the Montana University System. Of that 40,000, only 1,300were Indian. Indians account for about 6% of the total population ofMontana and almost 10% of the school-age population in Montana. Yet,they represent only 3% of the enrolled students in the state's institutions ofhigher education.

The small number of Indians enrolled in the community colleges and thecolleges of technology may be explained by the fact that these institutionsoffer similar programs and degrees as do the tribal colleges. It stands toreason that, if given a choice, Indian students would attend a tribal collegeon their reservation as opposed to a community or technical college far awayfrom home and at greater expense. Still, the community colleges andcolleges of technology enroll the same percentage of Indian students as the4-year institutions.

Indian faculty and staff are even less visible than Indian students inMontana's institutions of higher education. Those that are employed tend tobe concentrated in the NAS programs. There are some institutions thatemploy no Indians whatsoever.

In all of the public hearings that the Committee held during the interim, theone constant issue raised was the need for more Indian teachers andadministrators. Yet, over the last 5 years, the percentage of Indian studentscertified as teachers has remained fairly static at 3%. Some of the publicinstitutions actively recruit Indian students to their teacher educationprograms, mainly through outreach to tribal colleges. Private institutions areless active. There are no programs designed specifically to assist Indianstudents in finding teaching positions upon graduation.

Cultural diversity training varies widely from nothing at all to fairly well-developed programs with a coordinator. Cultural diversity training is moreapt to be found in the teacher education programs than in the institutions ingeneral.

Textbook selection is the prerogative of the individual instructors. Only oneinstitution offers guidelines to its faculty regarding the portrayal of minoritiesin textbooks.

The institutions of higher education, both public and private, are generallymaking an attempt to provide information to their students about Montana'sIndian people. With the exception of three colleges of technology, everyinstitution offers courses in Indian studies. These courses are found in awide variety of academic disciplines. The 4-year institutions also havegeneral education or core curriculum requirements that each student mustfulfill in order to graduate. With the exception of two schools, NAS coursesor other Indian studies courses may be taken to fulfill the requirements. TheIndian studies courses, however, with a few exceptions, offered at theinstitutions of higher education are generic in that they do not focus on asingle Indian tribe or culture. Yet, there are 10 Indian tribes in Montana,each with a distinct history and culture.

It appears that the teacher education programs are attempting to produceteachers who are knowledgeable about Indian history and current Indianissues and who are sensitive to the culture of their Indian students. Most ofthe teacher education programs offer courses in multicultural education orIndian studies. Six of the teacher education programs require either amulticultural education or an Indian studies course or some sort of culturaldiversity experience for their elementary and secondary education students.

How effective this all is, is up for speculation. The old saw "You can lead ahorse to water, but you can't make the horse drink" is appropriate in thissituation. However, it is significant that the teacher education programshave recognized this need and have attempted to address it. Whether thecourses offered or required are sufficient to educate students about Indianhistory and culture is beyond the scope of the survey.

CHAPTER FOUR

THE ROLE OF INDIAN STUDIES IN MONTANA'S

SCHOOL ACCREDITATION STANDARDS

AND TEACHER CERTIFICATION STANDARDS

SCHOOL ACCREDITATION STANDARDS

The Board of Public Education is responsible for defining and specifying thebasic instructional program for pupils in public schools. The program isdefined in the accreditation standards set forth in the Administrative Rules ofMontana. The current accreditation standards reflect a more qualitativeaccreditation as opposed to a quantitative accreditation. The purpose is togive local school districts greater flexibility while making them moreaccountable to the students and parents in their districts.

Each year, every public school in Montana is reviewed by the Office of PublicInstruction to determine if that school's instructional program meets thecurrent accreditation standards. The accreditation standards cover such areasas curriculum development and assessment, school personnel, class size,library/media services, educational equity, school climate, special education,gifted and talented services, academic requirements, program area standards,and school facilities and records.

As part of the accreditation process, each school district is required todevelop learner goals. These goals are the attitudes, concepts, skills, andknowledges that students are given the opportunity to acquire during their K-12 schooling. Once developed, the goals are provided to the Office of PublicInstruction, which uses them in reviewing a school's accreditation status. The Board of Public Education has developed model learner goals to assistlocal school districts in developing their own learner goals for the programareas designated by the Board. The model learner goals are divided intogeneral goals, primary goals, intermediate goals, and goals upon graduation. The model learner goals can be found in the Montana School AccreditationManual.

The accreditation standards do not require a school to have an Indian studiesprogram or coursework as part of the school's instructional program. However, the standards do address the need for students to understand thehistory and culture of American Indians. In developing curricula, a localschool board must, among other things:

. . . nurture an understanding of the values and contributions ofMontana's Native Americans and the unique needs and abilitiesof Native American students and other minority groups (ARM10.55.803).

One of the accreditation standards for a social studies program is to "nurturean understanding of the contemporary and historical traditions and values ofNative American cultures and other minority cultures of significance toMontana and to society" (ARM 10.55.1601). The accreditation standardsfor a communication arts program include a cultural diversity component. The model learning goals for law and legal rights at the primary level includethe ability to begin differentiating between the various levels of governments,including tribal governments. Cultural diversity is incorporated into the modellearning goals for communication arts, literature, history and world culture,and social institutions. The materials in a library/media collection must beculturally diverse.

Although there is no specific Indian studies requirement in a school'sinstructional program, attention must be given to the history and culture ofAmerican Indians in the curriculum in general and in a social studies programin particular. Cultural diversity must also be addressed in the curriculum andin the materials contained in the library/media center.

In 1991, House Bill No. 852 was introduced to require the Board of PublicEducation to adopt rules requiring schools to offer courses in Indian historyand culture for accreditation purposes. The bill also required teachers toobtain credits in Indian history or culture in order to be recertified. The billwas tabled in committee, mainly because of legislative opposition tomandating curriculum in statute. However, the Office of Public Instructionhas developed a curriculum guide and curriculum materials for use byteachers in planning Indian history and culture classes or Native AmericanDay activities.

TEACHER CERTIFICATION STANDARDS

In order to teach in Montana's public schools, a person must meet certainrequirements. A person must be 18 years of age or older, must be of goodmoral and professional character, and must have completed a teachereducation program of a unit of the Montana University System or anequivalent program at an accredited institution equal in rank and standing toany unit of the Montana University System. This training must be evidencedby at least a bachelor's degree and a certificate of completion of the teachereducation program.

Once a person meets the requirements, a teaching certificate is issued. There are various classes of certificates: standard; professional;administrative and supervisory; vocational, recreational, or adult education;provisional; and specialist. The Board of Public Education is responsible forapproving teacher education programs. The Board sets standards by which aprogram is judged. Areas for which standards are set include theorganization of the institution offering the teacher training; studentadmission, retention, and exit policies; student personnel services; studentparticipation in teacher education program development and evaluation;faculty and instruction; facilities and instructional materials; school-institutional relations; curriculum principles and standards; teaching areas;specialization; and innovative and experimental programs. It is in theteaching areas' standards that references to Indian studies and culturaldiversity can be found.

All teachers are expected to be aware of and sensitive to the differingeconomic, social, racial, ethnic, gender, and religious backgrounds of people. In addition, teachers must use the curriculum to help students becomefamiliar with and tolerant of diverse peoples and cultures.

A teacher education program preparing prospective teachers for theelementary level must provide knowledge of ethnic, linguistic, and culturalbackgrounds and their effects on children, families, and society. A programmust also provide sufficient preparation in content/program areas normallyfound in the elementary curriculum. In the area of social studies, the teachereducation program must include the study of and experiences with strategiesfor teaching students to recognize the significant contributions of NativeAmerican people, their culture, and their unique history to Montana andAmerican society and history. In the area of language arts, the teachereducation program must include study, application, and experiences withchildhood literature, including fiction and nonfiction that represent the diversecultures of Montana, the U.S., and the world.

For a prospective teacher of government, a teacher education program mustrequire of its students a knowledge and understanding of the organization,powers, and practices of the national, state, tribal, and local units ofgovernment. References to cultural diversity can be found in the standardsfor English/language arts teaching programs and guidance and counselingprograms.

In addition to being certified, a teacher is also endorsed to teach a specificlevel or a specific subject field. If a teacher in a departmentalized program ingrades 5-12 wishes to teach Native American Studies, the teacher can beendorsed in any subject field and must have 15 quarter (10 semester) creditsin Native American Studies. A qualified Indian resource person under thesupervision of a certified teacher can be used in lieu of the creditrequirement.

This past year, the Board of Public Education established a new certificate foran American Indian language and culture specialist. Each Indian tribe inMontana will develop criteria for qualifying an individual as competent in thelanguage and culture of that tribe. This certificate will then be issued to anindividual who meets the nonacademic requirements for certification as wellas the tribal standards for competency and fluency. A teaching certificate orendorsement is not required for a person to receive this certificate.

In addition to certifying teachers, Montana also certifies administrators. Oneof the skills required of an administrator is the ability to design, implement,and evaluate a school climate improvement program that demonstrates anunderstanding of gender, multicultural, and ethnic differences in students andfaculty. An administrator must also have a working understanding of thefederal government and the effective use of federal education programs,including federal programs that pertain specifically to the education ofAmerican Indians. Those teacher education programs in Montana that alsooffer advanced degrees in education administration offer a variety of coursesthat address federal education programs, including programs that pertain toIndian education.

SUMMARY

In 1975, the State of Montana made a conscious decision to no longermandate curriculum in statute. The Board of Public Education was vestedwith the responsibility for defining the basic instructional program forMontana's public schools. In 1989, the Board revised its accreditationstandards to give local school district trustees greater flexibility in designinga curriculum that met the needs of the people whom they serve and that fittheir resources and facilities, while still meeting common student goals andexpectations. One of these expectations is that students will understand thevalues and contributions of American Indians.

The Board of Public Education is also responsible for devising a system forteacher certification and specialist certification. As part of that system, theBoard has adopted a stringent set of standards that teacher educationprograms and teachers themselves must meet. When the Board hasconsidered it appropriate, the standards address American Indian history andculture as well as multiculturalism.

CHAPTER FIVE

PUBLIC HEARINGS

INTRODUCTION

Over the interim, the Committee on Indian Affairs conducted three publichearings on Senate Joint Resolution No. 11. The public hearings took placeat Crow Agency, Great Falls, and Poplar. In addition, Committee staffattended the Montana Forum for Effective Education of Indian Students atGreat Falls in October 1995, at which Indian educators addressed SenateJoint Resolution No. 11.

The purpose of the public hearings was to gather information pertaining tothe implementation of Article X, section 1, subsection (2), of the MontanaConstitution. However, many witnesses used the public hearings as anopportunity to express their concerns about the educational experiences ofIndian students in Montana's public schools. These concerns included suchthings as an irrelevant curriculum, Indian student high dropout rate, drug andalcohol abuse, discriminatory practices, and insensitive teachers andadministrators. The following is a summary of the comments received at thepublic hearings. They have been divided into six categories: public schools,public school personnel, teacher education, higher education, funding issues,and miscellaneous. A more complete list of the comments may be found inAppendix B.

Public Schools

The major problem identified for public schools was the lack of Indian historyand culture classes in the schools. Time and time again, educators andstudents alike decried the lack of information in the public schools aboutAmerican Indians. However, witnesses at the public hearings argued formore than just special activities on Native American Day. The teaching ofIndian history and culture should begin in kindergarten and continue throughhigh school. Indian studies should be integrated throughout the curriculumand should be an integral part of the accreditation requirements, not anoptional offering.

A closely related problem is the misinformation or the lack of information onIndian history and culture in school textbooks. Although social studies andhistory textbooks are the ones most often criticized, other textbooks, suchas literature textbooks, should also be scrutinized. Witnesses called for thedevelopment and implementation of selection guidelines for textbooks thattake into consideration the portrayal of American Indians. Witnesses alsocalled for the review of school library collections to see if the collectionsreflect the history and culture of Indian people of Montana.

Public School Personnel

The lack of Indian teachers, administrators, and support staff was thebiggest complaint about public school personnel. Witnesses felt that moreIndian personnel would not only provide role models for Indian students butwould also help non-Indian students become culturally aware and sensitive. Next to the lack of Indian personnel, witnesses identified a lack of culturalawareness and sensitivity among non-Indian teachers as a major concern. Many witnesses said that they believed that non-Indian teachers do notinvolve themselves in the Indian communities in which they live and do notenroll their own children in reservation schools. The subtle message beingconveyed by this behavior is the second-class status of Indians; the messagedoes little to advance cultural sensitivity and acceptance among non-Indians.

Another concern identified by witnesses at the public hearings was teachertenure. Because of tenure, teachers who lack cultural sensitivity or whoresist incorporating Indian studies into their coursework are difficult toremove. However, the turnover in certified personnel, especially in rural,reservation schools, was also cited as a concern. Because teachers do notstay long in these schools, they feel no need to become acquainted with thelocal tribal history and culture.

The solution identified most often in the public hearings relating to theproblems with public school personnel is to hire more Indian teachers,administrators, and support staff. At every public hearing, Indian educators,parents, and students called for more Indian personnel in the public schools. One witness suggested that a data base of Indian teachers andadministrators be maintained in a central location for use by school districts. Another suggestion was to involve tribal governments in the recruitment ofIndian teachers.

Witnesses also called for better training for all teachers in Indian studies,multiculturalism, and cultural sensitivity. For teachers on or near Indianreservations, tribal-specific cultural training was advocated. Many of thosetestifying at the public hearings requested the Legislature to mandate Indianstudies for all teachers in the state, regardless of where they teach.

Teacher Education

The major concerns identified for the teacher education programs in the statewere that education graduates are poorly prepared for cultural diversity in theclassrooms and the dearth of Indian students graduating from the teachereducation programs. The poor preparation was blamed on the failure of theeducation programs to require any type of training in Indian studies and onthe lack of knowledge about cultural perspectives and practices of thevarious tribes in Montana on the part of the faculties in the schools ofeducation. The dearth of Indian students in teacher education programs wasblamed, among other things, on the use of the National Teachers'Examination (NTE) to certify teachers in Montana. The NTE has been foundto be culturally biased against minorities, and Indian students have particulardifficulty in passing the NTE.

Solutions to the identified problems were to abandon the NTE as a tool forcertifying teachers, to require cultural awareness training for faculty in theteacher education programs, and to require teacher graduates to take acourse or courses in Indian studies. Many witnesses called for thereinstatement of the original Indian studies law.

Higher Education

As with public schools, the complaints about the Montana University Systemcentered on the small number of Indian students in the system and thedisparity in the number of Indian faculty. Although the public schoolpopulation is roughly 10% Indian, the student population in the MontanaUniversity System is barely 3% and Indian faculty and staff account forbarely 1%. Witnesses also felt that it was unfair for the institutions to shiftthe responsibility for the recruitment and retention of Indian students andfaculty to the Native American Studies programs on some of the campuses. Recruitment and retention should be the responsibility of the centraladministration, not of an individual program.

Witnesses also noted the lack of a visual reflection of Indian culture on thecampuses of the Montana University System. A person can walk across anMontana University System campus and never see any evidence of thepresence of Indians in Montana.

Support for the continuation of the Indian fee waiver in the MontanaUniversity System is strong in the Indian education community. The feewaiver is seen as a way for Indian students to continue their highereducation. There is also support for specific recruitment efforts aimed atincreasing the number of Indian students and faculty members in theMontana University System.

In recent years, efforts have been made to increase the communication andcooperation between the Montana University System and the tribal colleges. Collaborative efforts such as these should continue and increase so thattribal college graduates will matriculate into the Montana University System.

Funding Issues

Although concern was repeatedly expressed over the decrease in federalfunding for Indian education programs, witnesses were also concerned aboutthe erosion of the Indian education positions at the Office of PublicInstruction and the Office of the Commissioner of Higher Education. Witnesses felt that without these key positions, Indian studies and Indianconcerns would be neglected in public schools and in the Montana UniversitySystem. Both positions are supported out of the general fund, and the fear isthat they are easy targets for elimination. Both positions serve as excellentresources for such things as curriculum materials, cultural awarenesstraining, recruitment and retention plans, and statistical information. Concernwas also expressed for the Montana Advisory Council on Indian Education. The Council has already suffered a decrease in funding, and supporters fearthat any further erosion in support will dilute whatever value the Council hasleft.

Miscellaneous Issues

One issue that was brought up time and again at each public hearing was thelack of knowledge on the part of the general public regarding Indian historyand culture. Witnesses felt that if this lack of knowledge could be overcome,many of the problems existing today between the Indian and non-Indiancommunities could be alleviated. Witnesses felt that it was particularlyimportant that state officials, elected and appointed, have a basic knowledgeof Montana Indian tribes.

Summary

The key issues identified by the many witnesses who testified before theCommittee at the various public hearings were the need for more Indianhistory and culture classes in all public schools, the need for more teacherswho are knowledgeable about and sensitive to Indian history and culture, andthe need for more Indian teachers and administrators. Many of the otherissues identified by witnesses at the hearings supported these key issues.

CHAPTER SIX

COMMITTEE CONCLUSIONS

Based on the results of the surveys, the public hearings, and the researchperformed by staff, the Committee on Indian Affairs reached the followingconclusions in its study of Article X, section 1, subsection (2), of theMontana Constitution:

1. The intent of Article X, section 1, subsection (2), of the MontanaConstitution is for all public schools to develop appropriate policiesand programs to recognize and preserve the value of the AmericanIndian culture and traditions.

2. Many public schools are attempting to educate their students aboutthe role of Indians in the history of Montana and the nation byintegrating Indian history into the regular history and social studiescurricula and by celebrating Native American Day every September.

3. Many public schools do not provide any instruction or sponsor anyactivities relating to Indian history and culture.

4. Very few school districts require any specific training in Indian studiesfor their certified personnel, nor do they provide such instructionthrough inservice training.

5. The institutions of higher education in Montana are making an attemptto provide information to their students about Montana Indian people.

6. Teacher education programs are attempting to produce teachers whoare knowledgeable about Indian history and current Indian issues andwho are sensitive to the culture of their Indian students.

7. Although the general school accreditation standards call for anunderstanding of the values, traditions, and contributions of AmericanIndians to Montana, the curriculum area standards and the modellearner goals do not reflect this.

8. There are not enough Indian teachers and administrators in publicschools, and many non-Indian teachers lack a basic knowledge ofIndian history, culture, and contemporary issues.

CHAPTER SEVEN

COMMITTEE DELIBERATIONS AND RECOMMENDATIONS

SEPTEMBER 13, 1996

The Committee on Indian Affairs devoted two full meetings to the issuessurrounding Senate Joint Resolution No. 11. The first meeting was held onSeptember 13, 1996, in Helena. At that meeting, the Committee revisited allof the information that staff had compiled to date and began formulatingrecommendations. Staff presented some proposed recommendations forconsideration by the Committee. The recommendations were divided intothree categories: Indian history and culture classes, teacher education, andIndian studies requirement for teachers.

Indian History and Culture Classes

There were two recommendations proposed by staff:

1. to require either by statute or by rule schools to offer coursesin Indian history and culture for accreditation purposes; or

2. to encourage by resolution the Board of Public Education toadopt rules requiring schools to offer courses in Indian historyand culture for accreditation purposes.

Indian educators favored the first recommendation because they felt thatnon-Indian school boards and administrators would not implement Indianstudies unless they were required by the state to do so. A perfect examplewas the Indian studies law. Because that law is purely optional on the partof local trustees, very few school districts have implemented it.

Committee members, however, acknowledged the constitutional authority ofthe Board of Public Education and local boards of trustees to supervise andcontrol public schools. This authority has been upheld by the courts, and theCommittee members felt that to attempt to mandate Indian studies classeswould be futile. Staff also pointed out to the Committee that if theLegislature chose to mandate Indian studies classes, the Legislature wouldalso have to provide a specific means to finance the development andimplementation of those classes (1-2-113, MCA). Some members were alsoconcerned that the school curriculum is already full and that adding anotherrequired class would mean having to drop an already existing class. Whatcourses would be considered less important and could be dropped?

After much discussion, the Committee directed staff to draft a resolutionurging the Board of Public Education to adopt rules requiring public schools tooffer courses in Indian history and culture for accreditation purposes.

Teacher Education

There were two recommendations proposed by staff:

1. a resolution to urge schools of education to require all teachercandidates to take at least one Indian studies course; or

2. a resolution urging schools of education to work towardmultiple criteria for entrance into the teacher educationprogram.

Many educators, Indian and non-Indian alike, believe that the key toeducating children about the history and culture of Montana's Indians is toproduce teachers who are knowledgeable about this subject. The firstrecommendation would incorporate an Indian studies class into thegraduation requirements for teacher candidates. Currently, schools ofeducation are required to have a multicultural education component in orderto be accredited. There has been significant movement over the past 3 yearsby the education schools to educate their students on cultural diversity. Many educators, Indian and non-Indian alike, believe that the multiculturaleducation component in Montana's schools of education should emphasizeIndians because they are the predominant minority in the state.

The second recommendation addressed a concern that Indian educators havewith the National Teachers' Examination (NTE) that is used as the entrancecriteria for students entering into teacher education programs. The Board ofPublic Education would like to work with the schools of education to developmultiple entrance criteria so that the NTE is not the only criteria. Thisrecommendation would put the support of the Legislature behind this effort.

The Committee agreed that it was important to provide better education onIndian issues at the postsecondary level and directed staff to draft aresolution encouraging the teacher training institutions in the state to requirethat all teacher candidates take at least one course in Indian studies prior tograduation.

Indian Studies Requirement for Teachers

Staff proposed three recommendations for consideration by the Committee:

1. reinstate the original Indian studies law and apply it to allschool districts but only to new teachers, teachers reinstatinglapsed certificates, teachers seeking recertification, andteachers changing certification;

2. draft a resolution urging the Board of Public Education to adoptrules requiring Indian studies of all teachers; or

3. amend the current Indian studies law to apply to all schooldistricts.

Throughout all of the public hearings, one recommendation that wasrepeatedly heard was the reinstatement of the original Indian Studies Lawpassed in 1973. The original law had generated a tremendous amount ofcontroversy and opposition before it was ultimately amended in 1979. However, because it had been repeatedly recommended, staff believed that itmerited discussion by the Committee. Although the Committeeacknowledged the importance of all teachers having some knowledge ofIndian history and culture, the members were reluctant to mandate acertification requirement by statute. Because the Board of Public Educationsets the teacher certification requirements, a legislative mandate was seen asa possible usurpation of constitutional authority. The Committee optedinstead for the second recommendation, and staff was directed to draft theproposed resolution.

The current Indian studies law applies only to school districts on or near anIndian reservation. The third recommendation did not change the optionalnature of the law but merely extended it to all school districts. The reasonbehind the recommendation was to impress upon school districts that theimplementation of the constitutional provision calling for the preservation ofthe cultural integrity of American Indians was the responsibility of all publicschools, not just those with a significant Indian population. The Committeeasked that the proposed bill be drafted.

The Committee asked that the drafts of the proposed legislation be sent tothe Board of Regents, the Board of Public Education, the Office of PublicInstruction, the tribal governments, the tribal colleges, the tribal educationdepartments, and other interested parties for comments at the Committee'sfinal meeting.

Another concern that surfaced repeatedly during the public hearings was theneed for more Indian teachers and administrators. One way to meet thisneed was to give an enrolled member of an Indian tribe a preference foremployment in the public schools on an Indian reservation, provided that theenrolled member met all of the qualifications for the position. RepresentativeHeavy Runner had introduced a bill on this issue during the 1995 session thatfailed passage. He asked staff to redraft his proposal to extend the Indianhiring preference law to school districts and to circulate it with the otherproposals for comments.

OCTOBER 22, 1996

The Committee held its final meeting on Tuesday, October 22, 1996. Atthat meeting, the Committee heard comments on five pieces of proposedlegislation:

LCCIA.1 AN ACT CLARIFYING FOR PURPOSES OF THE INDIAN HIRINGPREFERENCE LAW THAT A STATE AGENCY INCLUDES ANELEMENTARY OR HIGH SCHOOL DISTRICT.

LCCIA.2 A JOINT RESOLUTION OF THE SENATE AND THE HOUSE OFREPRESENTATIVES OF THE STATE OF MONTANA URGINGTHE BOARD OF PUBLIC EDUCATION TO ADOPT RULESREQUIRING PUBLIC SCHOOLS TO OFFER COURSES IN INDIANHISTORY AND CULTURE FOR ACCREDITATION PURPOSESAND REQUIRING COMPLETION OF AN AMERICAN INDIANSTUDIES CLASS BY APPLICANTS FOR A MONTANATEACHING CERTIFICATE OR FOR RENEWAL OF A TEACHINGCERTIFICATE.

LCCIA.3 AN ACT ENCOURAGING ALL PUBLIC SCHOOL DISTRICTS INMONTANA TO REQUIRE THAT ALL OF THEIR PERSONNELSATISFY THE REQUIREMENTS FOR INSTRUCTION INAMERICAN INDIAN STUDIES.

LCCIA.4 A JOINT RESOLUTION OF THE SENATE AND THE HOUSE OFREPRESENTATIVES OF THE STATE OF MONTANAENCOURAGING THE TEACHER TRAINING INSTITUTIONS INTHE STATE TO REQUIRE THAT ALL TEACHER CANDIDATESTAKE AT LEAST ONE COURSE IN AMERICAN INDIANSTUDIES PRIOR TO GRADUATION.

LCCIA.5 AN ACT DESIGNATING SEPTEMBER 27 OF EVERY YEAR AS"AMERICAN INDIAN HERITAGE DAY" IN THE STATE OFMONTANA.

The Committee heard testimony from representatives of the Office of theCommissioner of Higher Education, the Board of Public Education, the Officeof Public Instruction, Fort Peck Community College, Dull Knife MemorialCollege, Blackfeet Community College, Blackfeet Tribe, Fort Peck Tribes,Little Shell Band of Chippewa, Confederated Salish and Kootenai TribalEducation Department, Fort Peck Tribal Education Department, MT HumanRights Network, and the Montana School Boards Association. In addition, adelegation of students from the four high schools on the Fort PeckReservation attended the meeting and offered testimony.

LCCIA.1

This bill draft was the amendment to the Indian hiring preference lawrequested by Representative Heavy Runner. The bill was supported by thetribal representatives who felt it would help bring more Indian teachers intothe school districts on the reservations. James Parker Shield of the LittleShell Band of Chippewa asked that the legislation be written so that thepreference would apply to nonenrolled Indians seeking jobs on reservations. He was particularly concerned about the Little Shell Band who does not havea reservation but who could benefit from the preference. Bill Powell from theBlackfeet Community College stated that the employment preference forIndians in school jobs on the Blackfeet Reservation was guaranteed in theAgreement of 1896 between the United States government and theBlackfeet Tribe. The hiring preference is a treaty right for the Blackfeet.

The Montana School Boards Association (MSBA) expressed somereservations about the bill. First of all, the MSBA felt that it wasinappropriate to define a school district as a state agency. School districtsare local governmental entities, as provided by the Constitution. To definethem as a state agency would set a dangerous, if not unconstitutional,precedent. Second, current law calls for school controversies to beadjudicated by the county and state superintendents. By incorporatingschool districts into the definition of agency in 2-8-111, MCA, the MontanaDepartment of Labor and Industry would become the enforcer, thus causingschool districts to have to defend claims against them in three separateforums. Last, current law generally exempts academic personnel from theIndian hiring preference, and therefore, the preference should not be appliedto local school districts either.

The MSBA recommended that the legislation be amended to allow localschool districts the option of extending the hiring preference to Indiancandidates. The MSBA believed that under current law, a school districtcould not extend this preference without violating the discriminationprovisions of Title 49, chapter 2, MCA, commonly called the MontanaHuman Rights Act. The MSBA also recommended that the application of ahiring preference to school districts be codified in Title 20, so as to preservethe principle of local control of schools.

After much discussion, Representative Heavy Runner agreed to work furtheron the legislation with the Committee attorney. The Committee took noaction on whether LCCIA.1 would be a Committee bill.

LCCIA.2

This proposed resolution addressed two issues: the need for more instructionon Indian history and culture in the public schools and the need for allteachers to have some basic knowledge about Indians. The tribalrepresentatives all strongly supported this resolution. They felt that becausenon-Indian teachers predominate, even in the reservation schools, theseteachers need to have a basic understanding of the cultural background ofIndian children in order to teach them. A teacher cannot teach a child if theteacher cannot reach a child. Tribal representatives also expressed the needfor more Indian studies in the schools. Just because a child is an enrolledmember of a tribe does not mean that that child has a positive Indianidentity. Despite the advances made in the portrayal of Indians in textbooksand in the media, Indians still suffer from stereotyping that negates an Indianstudent's feeling of self-worth.

Joyce Silverthorne, a member of the Board of Public Education,recommended that, instead of a specific course on Indian studies,information on the history, culture, and language of Indians should be infusedthroughout the curriculum. A specific course could easily be targeted forelimination. Committee members expressed concern about how this infusionwould be measured. Ms. Silverthorne replied that the Board will be reviewingthe accreditation standards next year, including the model learner goals. Thiswould be an opportunity for Indian studies to be integrated into the learnergoals as a way to measure schools' compliance. The Office of PublicInstruction also testified in favor of the integration of Indian studies into thecurrent curriculum.

Richard Little Bear, acting president of Dull Knife Memorial College, requestedthat Indian studies not be limited to history and culture. A knowledge ofcontemporary Indian issues is also important. In addition, teachers need toknow of the learning styles of Indian students, not just their history.

The Committee asked staff to rewrite the resolution by incorporating Ms.Silverthorne's recommendation, adding an implementation date, and urgingthe Board of Public Education to develop model learner goals that reflect theinclusion of Indian studies.

LCCIA.3

This piece of legislation was designed to impress upon all school districts inMontana the importance of a basic knowledge of Indian issues on the part ofteachers and administrators. Throughout its study, the Committee hadrepeatedly stressed that the constitutional provision was not meant to applyonly to school districts on or near an Indian reservation but that all schooldistricts had a constitutional responsibility to preserve Indian culturalintegrity. There was general support for this bill draft, although tribalrepresentatives would have preferred to have a stronger Indian studies law. The Committee accepted this legislation as drafted.

LCCIA.4

This resolution was another way of addressing the issue of requiring teachersto have some basic knowledge of Indian studies. Richard Crofts, InterimCommissioner of Higher Education, stated that the schools of education ofthe Montana University System have worked very hard over the last fewyears to include a diversity component in their curricula. In fact, multiculturaleducation is required for the accreditation of teacher education programs. Atthe same time, however, the Board of Regents is working to reduce thecourse requirements for students within the Montana University System. Adding a required Indian studies course is not feasible at this time. InterimCommissioner Crofts added that even though this is just a resolution, theBoard of Regents takes legislative intent very seriously and requested thatthe Committee amend the resolution to require that Indian studies beintegrated into the current teacher education curriculum. Committeemembers expressed concern about how the integration would be measured,questioning whether some sort of performance standard should be added tothe resolution.

Indian educators urged the Committee to not amend the resolution. They feltthat a separate course was necessary to emphasize the importance of therequirement. However, they also acknowledged the need for the schools ofeducation to have some time to implement such a requirement. TheCommittee asked staff to redraft the resolution to include a delayedimplementation date.

LCCIA.5

This bill draft was requested by Representative Heavy Runner. In 1975, theLegislature passed a resolution designating the