More than 50 years ago, the framers of the Montana Constitution made a commitment that Indigenous cultural identity would be taught in every classroom across the state. Montana law has since promised that every student would learn about the history, cultures, and contributions of tribal nations for more than two decades. But in classrooms across the state, that promise was often unevenly applied — or ignored altogether. Now, a proposed legal settlement is requiring the state to deliver on that promise.
“As a parent, I’ve seen how much it matters when my child sees their history and culture treated with respect in school,” said one Montana parent and plaintiff in the case. “This settlement helps ensure Native students don’t feel invisible anymore — and that all students learn the truth about the place we live.”
The Native American Rights Fund (NARF), the ACLU and the ACLU of Montana have reached a landmark settlement agreement with the state of Montana that will resolve a class action lawsuit over the state’s failure to implement its Indian Education for All (IEFA) Act. A Montana court has granted preliminary approval of the settlement, which is now subject to final court approval following a notice period. The settlement establishes clear oversight and enforcement tools that require schools to show how they are integrating Indigenous education across their curriculum. It also strengthens how the state fulfills its existing legal obligations by requiring educators and Montana tribes to collaborate on delivering lessons about tribal nations.
Montana is the only state in the nation whose constitution, adopted in 1972, explicitly requires this education. To fulfill that mandate, the Montana legislature passed the IEFA in 1999 to guarantee that every public school student has the opportunity to learn about the tribal nations of the region. Montana now has the opportunity to set the gold standard for how Indigenous history and culture is taught in classrooms nationwide.
The lawsuit, DuPuis-Pablo v. Montana Office of Public Instruction, was filed in 2021 against Montana state education agencies on behalf of 18 individual Montana students and guardians and five tribal nations — the Assiniboine and Sioux Tribes of the Fort Peck Reservation, Confederated Salish and Kootenai Tribes of the Flathead Reservation, Fort Belknap Indian Community, Little Shell Tribe of Chippewa Indians of Montana, and Northern Cheyenne Tribe. At the heart of the case, the plaintiffs argued that the state failed to fulfill its constitutional obligation to educate every student, Native and non-Native alike, about the history and contemporary culture of Montana’s Indigenous communities.
While the law has been widely recognized as a model for culturally relevant, integrated Indigenous education, thousands have graduated from Montana public schools without ever receiving the innovative education promised. Despite ongoing state funding of approximately $3.5 million annually, the lack of enforceable standards and meaningful accountability resulted in inconsistent outcomes across school districts. In practice, the IEFA was too often treated as optional rather than a requirement.
Fort Peck Tribal Councilwoman Roxanne Gourneau said, “Inconsistent implementation of Indian Education for All affected Native students and tribal communities over the years that drastically affected our future and our ability to identify with ourselves and keep a stronghold in our cultural lands.”
For years, Montana’s Office of Public Instruction has enforced standards for other required subjects like math, reading, and science. “This settlement with the Office of Public Instruction finally puts accountability behind Indian Education for All,” said Alex Rate, legal director for ACLU Montana. For the first time, Indigenous education will be held to the same level of care and oversight. The settlement embeds IEFA content into accreditation and school monitoring systems. School districts will also be expected to account for how IEFA funds are used and how tribal input informs school programming. With these enforcement tools, the state is now responsible for closing the gap between constitutional promise and classroom practice.
Recognizing that tribal nations are experts in their own histories and cultures, the settlement also includes ongoing tribal consultation. “For too long, tribes were expected to trust that things would improve without having a seat at the table,” said Ft. Peck Tribal Executive Board Member Councilwoman Roxanne Gourneau.Under the agreement, tribal nations will play a central role in shaping how IEFA content is taught in classrooms. When tribes are engaged as partners, not afterthoughts, education about Indigenous communities is stronger, more accurate, and more respectful.
Rather than sporadic lessons or superficial coverage, public school students will now receive consistent, meaningful instruction on the history and contemporary governance of Montana’s tribal nations. This more complete and accurate education helps reduce bias, build empathy, and strengthen communities statewide. For Native students, this shift means classrooms that better reflect their identities and lived experiences.
“This settlement is a long overdue step toward honoring the promise that Montana made to its students in 1972, that every child learns about the histories and cultures of our tribal nations,” said Council Chairman Michael Dolson, Confederated Salish and Kootenai Tribes. “Indian Education for All builds the understanding and respect that all of our communities need.
This settlement offers a first-of-its-kind enforcement model to help states move from promises to outcomes. Across the country, it provides a replicable framework for embedding Indigenous education into classrooms in ways that can be measured and sustained.
Montana first led the nation by enshrining Indigenous education in its constitution. With this settlement, it can do so again. Students deserve a complete education, one that teaches history honestly and reflects the perspectives of Indigenous communities and tribal nations. Once officially approved, the settlement will mark a step toward translating that commitment into lasting change for future generations.