Plaintiffs alleged state failed to implement constitutional mandate
A group of Montana students, families and tribes has reached a settlement with the state Office of Public Instruction in a yearslong legal dispute over how Montana implements its constitutional requirement to provide Indigenous education. If approved by a court, the agreement would resolve the lawsuit.
The class action was filed in 2021. Plaintiffs alleged the state has failed to implement and enforce a constitutional mandate requiring K-12 public education to recognize the “distinct and unique cultural heritage of American Indians.”
The legal dispute centers on the Indian Education for All, or IEFA, Act, which the Montana Legislature enacted in 1999 to implement the constitutional requirement. The law directs public schools to teach Native American history and culture.
Since 2007, the Legislature has appropriated about $3.5 million annually to school districts to fund IEFA implementation. Under the act, schools are supposed to use the funds to develop curricula, purchase classroom materials and train teachers.