MDE Indigenous Education Initiative Tribal Consultation Guidebook - Manual / Resource - Page 7
Trust Responsibility
Historically the lands that now make up the United States of America were the territories of and governed
by a vast array of unique and sovereign tribal nations. Conflict arose as Europeans came to North America
and aempted to claim a portion of these lands for their home countries and eventually forge a new nation
on these ancestral tribal lands. As selers encroached further and further into tribal territory, most of these
ancestral lands ended up being ceded under duress to the federal government by treaty or taken through
various acts of forced removal.
Many of the resulting land cessation treaties included various provisions for the continued support of the
tribal nations who have been signatories to the treaties. One common provision of these treaties included
support for the ongoing education of tribal citizens (See Appendix A). These treaties and subsequent laws
passed by the United States Congress clearly establish a federal trust responsibility for the support of tribal
nations and their citizens.
As beneficiaries of these land cessations, state and local educational agencies that receive federal funding and
educate Indigenous students act as parties in fulfilling this trust responsibility.
Legal Obligation
In addition to the reasons listed above for engaging in tribal consultation, Local Education Agencies (LEAs)
also have a legal obligation to engage in consultation, depending on what federal funds they accept and the
size of the awards. LEAs should work to clearly understand the nature of their obligation to consult with
tribes under each federal program from which they accept funds.
For a complete list of these obligations by grant program, please see Appendix B. Note that some LEAs with
Title VI grants of $40,000 or more or with 50% or more of their student population identifying as American
Indian or Alaskan Native have additional consultation requirements covering multiple grants, even if those
grants do not have separate consultative requirements. These LEAs are identified as “Affected LEAs” and
will receive notice from the Michigan Department of Education (MDE) when they meet these criteria. Such
LEAs are required to submit a signed affirmation of consultation document to the Michigan Department of
Education each year with their Consolidated Application. For additional guidance, including the affirmation
of tribal consultation form, please visit the Local District Consultation page on MDE’s website.
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