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A group of Montana students, families and tribes recently reached a settlement agreement with the Montana Board of Public Education — a major development in a years-long class action lawsuit regarding the implementation of Indian Education for All. 

Montana is the only state that constitutionally requires a commitment in K-12 public education to recognize the “distinct and unique cultural heritage of American Indians.” In 1999, the state Legislature enacted the Indian Education for All (IEFA) Act to implement that constitutional mandate, requiring public schools to teach Native American history and culture. And , the Legislature has appropriated about $3.5 million annually to Montana school districts for implementing IEFA. Schools, according to the original legislation, are use the funds for curriculum development, class materials and teacher training.

In 2021, however, a group of Montana students, families and tribes filed a against the state Office of Public Instruction and Montana Board of Public Education, alleging that school districts were improperly using funds meant to support IEFA. Tribal plaintiffs include the Fort Belknap Indian Community, Confederated Salish and Kootenai Tribes, Fort Peck Assiniboine and Sioux Tribes, Northern Cheyenne Tribe and Little Shell Tribe of Chippewa Indians of Montana.

Court documents alleged that in 2019 and 2020, only 10% of Montana school districts could account for spending all of their IEFA funding on appropriate expenses. Documents allege, for example, that while one Montana school district received more than $55,000 in 2019 and 2020 to implement IEFA, the district reported spending about 71% of that funding. The remaining IEFA money for the district, according to court documents, was unaccounted for. One school, according to court documents, used some of its IEFA funds to pay a portion of librarians’ salaries. Other schools allegedly used the funds to purchase books unrelated to Native American culture or history. 

“School districts and schools have no incentive to fully and accurately report their IEFA expenditures because there is no penalty for failing to do so,” plaintiffs wrote in their complaint. 

After a closed-session discussion, the Montana Board of Public Education on voted unanimously to approve a settlement agreement — which was negotiated directly between the plaintiffs and board — and gave Chair Tim Tharp the authority to sign on its behalf. 

Though the Montana Board of Public Education agreed to a settlement, the class action lawsuit continues with OPI — the agency generally responsible for providing state funding, including for IEFA.

The board agreed to improve financial accountability measures, content standards, tribal collaboration and teacher training regarding the implementation of IEFA. 

Specifically, the board agreed to use the accreditation process to oversee and ensure the inclusion of IEFA in local instruction. It also agreed to request an annual IEFA implementation report from OPI. To the extent of its authority, the board will ensure IEFA is integrated across all content standards, and it will encourage all school districts to meaningfully consult with tribes in developing an IEFA implementation plan. The board will also require new educators to complete an introduction to IEFA course, which includes training on tribal collaboration.

Tharp said in a statement that the board “is pleased to reach this settlement.”

“Our time and efforts are better spent working to improve education for all students in Montana and not arguing in court,” he said. 

Plaintiff Jessica Peterson said she was relieved by the settlement. 

“When we filed this lawsuit, my daughter was in second grade,” she said in a statement. “Now she is a sixth grader in Helena Public Schools. Year after year, I don’t see Indian Education for All happening in the Helena Public Schools.”

State lawmakers have also passed legislation to strengthen IEFA. In 2023, , brought a bill that required — rather than encouraged — school districts to implement IEFA. The bill, also stipulated that IEFA funds could be revoked from certain schools if districts failed to report how the funds were spent. 

This legislative session, Windy Boy, now a , carried , which enhances tribal consultation and the role of Native language specialists within IEFA. It also adds new requirements for the Board of Public Education and OPI to strengthen accountability. That bill cleared the House and Senate and awaits Gov. Greg Gianforte’s signature. 

MTFP reporter Alex Sakariassen contributed to this story.