Judge's Order in DuPuis-Pablo v. Montana Office of Public Instruction (OPI), et al.

HELENA, Mont. — The Montana Office of Public Instruction has agreed to a landmark settlement that would create long-awaited accountability measures to ensure Montana schools fully implement the state constitution’s guarantee that the unique cultural heritage and contributions of the Indigenous peoples of the region are recognized and taught across the state. The agreement marks a major milestone in fulfilling Montana’s constitutional and statutory commitment to teach all students — Native and non-Native alike — about the histories, cultures, governments, and contributions of Tribal Nations in Montana. The settlement was preliminary approved by the court Monday and is subject to final court approval following a notice period. Under the agreement, Indian Education for All (IEFA) would be incorporated into state accreditation and monitoring systems, making implementation a core expectation for Montana’s K-12 schools. It also formalizes Tribal consultation processes, ensuring Tribal Nations have an ongoing role in shaping how Indigenous education is developed and delivered statewide. “For too long, Tribes were expected to trust that things would improve without having a seat at the table,” said councilwoman Roxanne Gourneau, Ft. Peck Tribal Executive Board Member. “This settlement recognizes that Tribal Nations are essential partners in educating Montana’s students.” The class-action lawsuit, DuPuis-Pablo v. Montana Office of Public Instruction, was filed in 2021 by 18 Montana students and their guardians, together with Tribal Nations including 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 was a promise embedded in Montana’s constitution: that all students learn about the histories, cultures, and contributions of the Indigenous peoples of the region. Montana remains the only state in the nation with an explicit constitutional guarantee of Indian education. For more than two decades, IEFA has required Montana schools to provide education about Tribal histories, cultures, and contemporary Tribal governments. While nationally recognized as a model of Indigenous education, implementation has varied widely across school districts and lacked meaningful enforcement. “This agreement finally puts accountability behind Indian Education for All,” said Alex Rate, legal director, ACLU Montana. “For years, the law existed without meaningful oversight. Now there are clear systems to help ensure the state and school districts fulfill obligations that already exist under the Montana Constitution and IEFA.” The agreement requires schools to demonstrate that Indian Education for All is integrated across curriculum areas, that IEFA funds are used appropriately, and that Tribal Nations are meaningfully engaged in developing Indian education programs. For students, the changes are expected to bring more consistent and substantive instruction about Native history, culture, and contemporary Tribal governments — moving beyond isolated lessons or superficial coverage. For Native students, it also means classrooms that better reflect their identities, histories, and lived experiences. “As parents who were raised attending Montana schools, we have firsthand experience of what it looks like when Indian Education is not included in school curriculum and culture,” said Crystal and Tyler Amundson, two parent plaintiffs. “All public school students should have access to learning that promotes understanding, which is why we’re proud that our children now attend Montana public schools that mirror Montana’s diverse population. But this settlement isn’t just about celebrating diversity, it’s about ensuring that my children, who are not Native, experience a more accurate and inclusive version of Montana’s history, present, and future.” “Montana is the only state that has Indian Education for All, but how are we ensuring that it’s being carried out?” asked Cammie DuPuis-Pablo, a parent plaintiff. “Hopefully, this settlement will push back against the ignorance and lack of knowledge that is all too common. I didn’t get to see accurate representations of Native Americans when I was in school, my oldest kids didn’t get that when they were in school, but — with this settlement — maybe my youngest kids will. Because our ancestors’ story is meaningful, it’s what happened, and it should not be cut out from the history of America, or I would say Turtle Island.” “This agreement helps prevent classrooms where Native history is missing, misunderstood, or treated as optional,” said Mark Carter, senior staff attorney at Native American Rights Fund (NARF). “It makes clear that Indian Education for All is not a suggestion — it’s the law that was created by the people of Montana.” Crystal Pardue, senior staff attorney with ACLU, said the agreement could serve as a model beyond Montana. “This settlement shows what real accountability looks like,” Pardue said. “This lays out exactly what states must do: pair strong curriculum requirements with clear standards, consistent oversight, and meaningful partnership with Tribal Nations to ensure accurate, inclusive education in every classroom.” “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 Michael Dolson, council chairman of the Confederated Salish and Kootenai Tribes. “Indian Education for All builds the understanding and respect that all of our communities need. This settlement means accountability for implementing that commitment, with real reporting, real curriculum developed with Tribes, and real consequences when schools fail to deliver.” The plaintiffs were represented by the ACLU of Montana, ACLU, Native American Rights Fund, K&L Gates, LLP and Venable LLP. A copy of the settlement is available here. A copy of the preliminary approval order is available here. The case page can be found here.