Examining Tribal Consultation in California Schools

Meaningful Tribal consultation is an opportunity to repair and build positive, trustworthy relationships between Tribal governments, Tribal organizations and families, and local educational agencies, grounded in the shared goal of supporting Native American students’ success.

This statewide study examines how local educational agencies and consortium leaders (collectively, LEAs) engage in Tribal consultation, particularly when receiving federal Title VI Indian Education Formula Grants. Tribal consultation — rooted in Tribal sovereignty, treaty obligations, and international human rights law — is legally required to ensure that local educational agencies collaborate with Native American Tribes (Tribes) in “timely, active, and ongoing” ways when developing programs that meet the unique cultural, linguistic, and educational needs of Native American students. As California is home to the largest population of Native American people in the United States, and Native American students remain disproportionately affected by historical and ongoing exclusion and trauma, meaningful consultation plays a critical role in advancing educational equity.

In alignment with the federal Every Student Succeeds Act (“ESSA”), Tribal consultation requires genuine collaboration with Tribes located in the community; in a timely, active, and ongoing manner; to develop a comprehensive pathway to meet the unique cultural, language, and educational needs of Native American students. Federal guidance emphasizes that consultation must occur early enough in the planning process to allow Tribal officials to “meaningfully and substantively contribute” to the LEA’s plans and funding decisions and encourages LEAs to respond in writing to Tribal input.