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2015 BYU Educ. & L.J. 353 (2015)
Indian Education: Maintaining Tribal Sovereignty through Native American Culture and Language Preservation

handle is hein.journals/byuelj2015 and id is 367 raw text is: INDIAN EDUCATION: MAINTAINING TRIBAL SOVEREIGNTY THROUGH NATIVE AMERICAN CULTURE AND LANGUAGE PRESERVATION I. INTRODUCTION The United States government has attempted to accommodate, assimilate, and terminate the Indian since declaring its Independence.' Indian Education Policy was no different as it duplicated the general Federal Indian Policy making an indirect substantial impact on tribal sovereignty. This impact is felt today as traditional Native American languages are becoming extinct, and the future tribal leaders are struggling to perform on comparable levels with mainstream American students. Tribal sovereignty at its core is threatened by the upcoming generation of future leaders not knowing their traditional culture or language. Preserving Native American culture and language will not only improve the individual Native American student's success, but culture and language preservation will also preserve tribal sovereignty. Part II of this Comment provides the background of Indian Education and its roots in general Federal Indian Policy. Part III looks at current Indian Education policy in terms of current federal legislation that attempts to remedy the effects of the assimilation period and policy. Part IV describes the current state of Indian Education, specifically as it relates to Native American student performance. Part V explores current proposals to both federal and state education policy that may aid in supporting tribal sovereignty through Indian Education, and Part VI concludes. 1 Even before this country was a nation, the insensitive precedent had been cast to destroy Indian culture and tribal integrity by removing Indian children from their families and tribal setting. Manuel P. Guerrero, Indian Child Welfare Act of 1978. A Response to the Threat to Indian Culture Caused by Foster and Adoptive Placements of Indian Children, 7 AM. INDIAN L. REV. 51 (1979).

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