NORA MABIE/Montana Free Press - Montana Free Press
•8/26/2026
A group of Montana students, families and tribes has reached a settlement with the state Office of Public Instruction that’s set to bring closure to a yearslong legal dispute about how the state implements its constitutional requirement to provide Indigenous education.
The settlement, if approved, would resolve a class action lawsuit filed in 2021 in which 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.”
In 1999, the state Legislature enacted the Indian Education for All (IEFA) Act to implement that constitutional mandate and require 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 implementation. According to the IEFA Act, schools are supposed to use the funds to develop curricula, purchase class materials and train teachers.
In 2021, a group of Montana students, families and tribes filed a class action lawsuit against the Office of Public Instruction and the Montana Board of Public Education, alleging that school districts were improperly using funds intended 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 their IEFA funding having been spent on appropriate expenses. One school, according to court documents, used some of its IEFA funds to pay a portion of librarian salaries. Other schools allegedly used the funds to purchase books unrelated to Native American culture or history.
A district court judge on Monday preliminarily approved the settlement, which is subject to final court approval after a notice period. The Office of Public Instruction has agreed, in part, to:
1. Use its accreditation system to require districts to provide evidence of IEFA implementation
2. Establish enforcement mechanisms, including a yearly evaluation of at least seven schools’ IEFA expenses and potential funding reductions for noncompliance
3. “Strengthen and formalize” tribal consultation processes
4. Require schools to report IEFA expenses and publish a list of noncompliant schools
Superintendent of Public Instruction Susie Hedalen wrote in an emailed statement that she is “pleased” an agreement has been reached so “that we can move forward with ensuring every Montana student receives authentic instruction on our state’s tribal nations.”
“The OPI has also launched a new website and professional development portal to house additional IEFA resources for educators and families,” she wrote. “In Montana, we support all students and work to ensure they are seen and supported.”
Michael Dolson, chair of the Confederated Salish and Kootenai Tribes, described the settlement as “long overdue.”
“This settlement means accountability for implementing that commitment, with real reporting, real curriculum developed with Tribes, and real consequences when schools fail to deliver,” he said in a statement.
In May 2025, the Montana Board of Public Education agreed to a separate settlement in the same lawsuit, by which it agreed to improve content standards, tribal collaboration and teacher training regarding the implementation of IEFA.
This story was originally published by Montana Free Press and distributed through a partnership with The Associated Press.
