Tribal priorities face setbacks as key education, child welfare bills are tabled

By CARLY GRAF

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    MONTANA (The Independent Record) — Two important bills from the Montana American Indian Caucus have been tabled in their respective committees, an early setback for the 12 lawmakers from Indian Country who already face an uphill battle in getting their legislative priorities passed.

Sen. Jonathan Windy Boy, a longtime Democratic legislator from Box Elder who represents the Rocky Boy and Fort Belknap reservations, was the sponsor of both pieces of legislation. One sought to improve accountability around the existing Indian Education for All (IEFA) program and another to strengthen Montana’s version of the federal Indian Child Welfare Act (ICWA).

As a minority within the minority, the Montana American Indian Caucus has to pick and choose its legislative battles wisely. Members have historically been subject to racism — some instances less subtle than others — and must work extra hard to educate their colleagues on core issues for their constituents like tribal sovereignty, law enforcement jurisdiction and Indian Health Service funding.

“We won’t tolerate it,” said Lance Fourstar, chief of staff for the American Indian Caucus.

Indian Education for All There are 12 recognized tribal nations in Montana. Native Americans account for a little more than 6% of the state’s total population but nearly 11% of all public school students.

Dating back to 1999, school districts have been required by law to teach Native culture and history in Montana classrooms. Starting in 2007, the state allocated funds to districts for the explicit purpose of fulfilling that mission. Dollars could be used for culturally relevant materials or textbooks, for example.

But some school districts have fallen short of that mandate, even after Windy Boy carried 2023 legislation that sought to enhance enforceability and after a 2021 lawsuit was filed against the state education agency for failing to comply, which is still ongoing in the courts.

The Montana State News Bureau previously reported that nearly 150 schools had submitted zero or incomplete proof of IEFA expenditures in one academic year, accounting for roughly $580,000 allocated to support the teaching of American Indian culture and history.

Senate Bill 181 would have bolstered requirements to consult with tribes on curriculum development and directed the Montana Office of Public Instruction to create an online portal to solicit feedback on program implementation. It would also have penalized school districts that don’t file the annual IEFA report or use all the money by reducing overall funding and dinging their accreditation.

The bill was tabled 10-4 in committee after some back-and-forth about whether or not there would be an amendment added.

Ahead of his vote against tabling the bill, Windy Boy quipped, “I’ll just bring it back next year.”

Montana Indian Child Welfare Act Windy Boy also sought to renew and expand the state’s version of ICWA, a federal law that dictates how Native children should be placed in foster or adoptive homes to prevent separation from Native communities. It prioritizes keeping families together and preserving cultural ties.

A Supreme Court case in 2023 threatened to strike down ICWA, prompting a number of other states to codify their own versions into law so that the “gold standards” of child welfare it enshrines would be protected no matter what happened at the federal level.

Montana joined the ranks of at least 10 other states in 2023 by passing its own version of ICWA, also sponsored by Windy Boy, though not without contentious debate. Opponents at the time questioned whether the practices should apply to all children rather than only Native children, or if prioritizing cultural connection put kids into unsafe situations.

Ultimately, the bill got across the finish line but with a 2025 sunset date, so the Legislature would need to revisit the question again this session.

Windy Boy’s Senate Bill 147, which Fourstar called the American Indian Caucus’ most important bill this session, would have renewed the state’s protections and expanded cultural requirements for any Native children that end up in non-Native homes.

Prior to 1978, when the U.S. Congress passed ICWA into law, children had, for decades, been deliberately removed from their homes and placed in non-Native households or boarding schools as a way to sanitize Indigenous cultures.

ICWA has helped close the gap, but Native American children are still disproportionately represented in child welfare systems. They account for about 30% of Montana kids in foster care and are five times more likely to end up in out-of-home placements than white children.

Sen. Laura Smith, D-Helena, said MICWA should be a priority for lawmakers, pointing to how it helps create a “strong sense of cultural identity, belonging and community.”

Opponents said the federal law — reaffirmed by the U.S. Supreme Court, which ultimately ruled in favor of ICWA’s constitutionality — covers it, making a state version redundant. They also questioned whether the focus on cultural kinship always serves children’s best interests.

“For hundreds of years, our kids have been taken from our ancestors. We have been working to protect our kids for a long time,” Windy Boy said in a statement. “Since MICWA was established, we have had a Montana solution for our kids and they have been protected. That hard-earned solution will end if we don’t pass this bill.”

The Senate Public Health, Welfare and Safety Committee voted 6-5 last Friday to table the bill, with Sen. Mike Yakawich, R-Billings, the lone Republican to vote in the proposal’s favor.

There are some ways that bills tabled in committee can be revived and reconsidered. Windy Boy said he’s considering his options for how to possibly advance the proposals.

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