Strengthen and formalize
Aug 26, 2026

Montana education lawsuit settled over Indian Education for All implementation 

Only 10% of school districts account for appropriate resource spending


Bret Anne Serbin

Bret Anne Serbin

August 26, 2026

Montana’s unique commitment to teaching Native American history and culture as a central component of general public education — enshrined in the state’s constitution and reaffirmed in the 1999 Indian Education for All Act — has repeatedly fallen short of its lofty goals, according to Montana students, families and tribes. 

Nora Mabie with the Montana Free Press reports that a 2021 lawsuit against the Montana Office of Public Instruction and the Montana Board of Public Education has reached a settlement that could bring closure to a long-running legal dispute over adequate investment in Indigenous education.

The Montana Legislature has appropriated around $3.5 million annually since 2007 for school districts to develop curricula, purchase class materials and train teachers in Indigenous education. But according to court documents, only 10% of Montana school districts could account for spending those investments on appropriate related expenses in 2019 and 2020 — the two years prior to filing the lawsuit.

It’s a failure to fully realize Montana’s commitment to K–12 public education that recognizes the “distinct and unique cultural heritage of American Indians,” according to the plaintiffs.  

On Monday, Aug. 24, a district court judge approved the settlement, which will require the Office of Public Instruction to account for evidence of the funds’ implementation, establish enforcement mechanisms for schools, “strengthen and formalize” tribal consultation processes and publish a list of noncompliant schools.

The last remaining step in the process of settling the suit will be a notice period followed by a decision of final court approval. 

Source material:

  1. 1.Nora Mabie. State agrees to accountability for Indigenous education. Montana Free Press, .

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