The Treaty Basis of Michigan Indian Education
Abstract
A socio-historical content analysis of 16 treaties and 3 contemporary American Indian education laws at the federal level revealed that a certain amount of the treaty obligation may yet be unfulfilled regarding tribes currently located within the State of Michigan. Both monetary and non-monetary provisions were analyzed using the United States Supreme Court’s Canons of Treaty Construction. The treaty provisions were further categorized according to certain criteria based on the trust doctrine. The outcomes of the treaty analysis were then compared to the provisions of the Indian Education Act, the Indian Self-Determination & Education Assistance Act, and the Individuals with Disabilities Education Act. Responsibilities of each level of government, implications for school policy and procedures, and recommendations for further study are included.
There is a general assumption that the federal government is obligated to provide for the educational interests of American Indian tribal citizens based on the educational provisions contained within treaties entered into between the United States (US) government and American Indian tribal nations. The problem with such an assumption is that it does not take into account that the US did not enter into any comprehensive treaty with all of the American Indian tribes as a single unit. While it is true that there are many educational provisions contained within treaties that have similar language, the fact remains that the treaties were made with different American Indian tribal nations.
References
Alaska Native Knowledge Network. (1998). Alaska standards for culturally responsive schools. Available at: http://www.ankn.uaf.edu/standards/
Benton-Banai, E. (1988). The Mishomis book: The voice of the Ojibway. Hayward: Indian Country Communications Inc.
Broker, I. (1983). Night Flying Woman: An Ojibway narrative. St. Paul: Minnesota Historical Press.
Canby, W. (2004). American Indian Law: In a nut shell. St. Paul: West, a Thompson business.
Chute, E. (1998). The legacy of Shingwaukonse: A century of Native leadership. Toronto: University of Toronto Press.
Comstock, W. (1934, May 28). Letter to Secretary of the Interior, Honorable Harold L. Ickes. Available from the Bureau of Indian Affairs, Michigan Agency, Sault Ste. Marie, Michigan.
Deloria, V. (1974). Behind the trail of broken treaties: An Indian declaration of independence. New York: Delta Publishing Co., Inc.
Eklund, C. (1991). Chippewa (Ojibwe) language book. New York: Eklund.
Fixico, D. (1998). Ethics and responsibilities in writing American Indian history. Natives and academics: Researching and writing about American Indians.
Mihesuah (Ed.). Lincoln: University of Nebraska Press. pp.84-99.
Hallowell, A. I. (1992). The Ojibway of Berens River, Manitoba: Ethnography into history. Fort Worth: Harcourt Brace Jovanovich College Publishers.
Hilger, M. I. (1992). Chippewa child life and its cultural background. St. Paul: Minnesota Historical Society Press.
Johnston, B. (1976). Ojibway heritage. Toronto: McClelland & Stewart.
Kappler, C. (1972). Indian treaties 1778-1883. New York: Interland Publishing Inc.
McCoy, M. (1997). Indian education legal support project: Tribalizing Indian education. Presentation/Workshop Materials. Boulder: The Native American Rights Fund.
Miller, J.R. (1996). Shingwauk’s vision: A history of Native residential schools. University of Toronto Press: Toronto.
Nichols, John and Nyholm, Earl. (1995). A concise dictionary of Minnesota Ojibwe. Minneapolis: University of Minnesota Press.
Oshie-Dorr, M. (1997, July). Chronological list of treaties made between Indian tribes and the U.S. government containing educational provisions. Paper presented at Michigan Technological University MICUP Elder’s Education Initiative Conference, Traverse City, Michigan.
Petoskey, M. (2000, March. 18). Federal Indian Law. Guest lecture at Lake Superior State University, Sault Ste. Marie, Michigan.
Pevar, S. (1992). The rights of Indians and Tribes: The basic ACLU guide to Indian and Tribal rights. 2nd Ed. An American Civil Liberties Union handbook. Carbondale: Southern Illinois University Press.
Reinhardt, M. (1998). The pre-legislative history of the Michigan Indian Tuition Waiver. Unpublished master’s thesis, Central Michigan University, Mt. Pleasant.
Rhodes, R. (1993). Eastern Ojibwa-Chippewa-Ottawa dictionary. New York: Mouton de Gruyter.
Rosebud Sioux Tribe. (1991). Education Code. Available from: Rosebud Sioux Tribe, PO Box 517, Rosebud, SD 57570
Shingwauk Project. (2002). Available at: http://www.shingwauk.auc.ca/
Smith, D. (1987). The everyday world as problematic: A feminist sociology. Boston: Northeastern University Press.
Tippeconnic, J., & Swisher, K. (1992). American Indian education. Encyclopedia of education research. Alkin (Ed.). New York: Macmillan. p.75.
United States. American Indian Policy Review Commission. (1976). Report on Indian education. Task Force Five: Indian Education Final Report. Washington: U.S. Government Printing Office.
Wallace, R., & Wolf, A. (1995). Contemporary sociological theory: Continuing the classical tradition. 4th Ed. Englewood Cliffs: Prentice-Hall, Inc.
Waswagoning. (2001). Recreated Ojibway Indian Village. Available at: http://www.waswagoning.com/
Wub-e-ke-niew. (1995). We have the right to exist: A translation of Aboriginal Indigenous thought. New York City: Black Thistle Press.
