Tribal sovereignty refers to the right of American Indian and Alaska Native tribes to determine their own future. Tribes have the right to operate as self-governing nations through their elected tribal governments.
Tribes have the right to educate their citizens. As sovereign nations, tribes exercise autonomy over education, such as by participating in decision-making for local schools serving Native students, developing and selecting culturally relevant curricula, and identifying advisory council members to ensure schools make the right decisions on behalf of Native students.
The Every Student Succeeds Act requires that State Education Agencies (SEAs) and Local Education Agencies (LEAs) consult with tribes about the education of Native students in matters related to fiscal planning, budgeting, education resources, and culturally relevant program evaluation to measure effectiveness.
Tribal Consultation Toolkit
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The Tribal Consultation Toolkit includes tools and resources focused on tribal consultation and sovereignty developed by the National Comprehensive Center’s Native Education Collaborative. The U.S. Department of Education's American Rescue Plan Act Elementary and Secondary School Emergency Relief Fund (ARP ESSER) calls for intentional inclusion and collaboration among various stakeholders supporting students, specifically naming Tribes as necessary partners in deciding how to use the funds to address students’ needs.
This toolkit contains resources for states, tribes, districts and schools to build those critical connections and engage in meaningful consultations as described in the ARP ESSER and required by ESEA.
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Tribal Consultation Toolkit
Tribal Sovereignty and Consultation: Tribal Education Quick Reference
Tribal Sovereignty and Consultation Infographic
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Best Practices for Tribal Consultation
The National Indian Education Association developed resources for states and districts to implement best practices when engaging in tribal consultation.
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U.S. Department of Education developed a Frequently Asked Questions guide for Section 8538 of the Elementary and Secondary Education Act of 1965 (ESEA), regarding consultation with Indian tribes and tribal organizations.
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States and Tribes’ ESSA Tribal Consultation Guidance
Some states and tribes provide guidance on tribal consultation related to the Every Student Succeeds Act (ESSA).
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Tribal Consultation Pre-Planning Tool for Tribes
In 2018, the Northwest Comprehensive Center developed a Tribal Consultation Pre-Planning Tool for Tribes to assist with more effective consultation processes with local districts.
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The National Congress of American Indians’ Tribal Leaders Toolkit is designed to support tribal decision making for schools and students.
Download the complete Native Education Resource List.
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The Tribal Consultation and Sovereignty category has five demonstrations of effective integration.
- The state supports LEAs to achieve significant tribal consultation in school planning and budgeting.
- The state includes tribes in developing education evaluation plans that honor culturally relevant success criteria (e.g., language revitalization, integration of traditional ecological knowledge, etc.).
- The state tracks and monitors tribal consultations in LEA and school planning and budgeting.
- The state provides support for tribes to participate in the management of schools (e.g., through compacting, tribally operated school, charter schools, etc.)
- The state shares student data with tribes. The state ensures the accurate identification of Native students by tribal affiliation.
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