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- By Native News Online Staff
On Wednesday, the Health, Education, and Human Services Committee convened a special session to review a report from the Navajo Nation Department of Justice concerning a recent memorandum from the U.S. Department of Education. This memorandum outlines the Department’s interpretation of Title VI of the Civil Rights Act of 1964 and the Equal Protection Clause of the U.S. Constitution, and it explains their effects on anti-discrimination policies.
In a letter dated February 14, Acting Assistant Secretary for Civil Rights Craig Trainor warned that the U.S. Department of Education “will no longer tolerate the overt and covert racial discrimination that has become widespread in this Nation’s educational institutions,” explicitly mentioning diversity, equity, and inclusion programs. The letter further specifies that this interpretation applies to every educational institution—from preschool through postsecondary levels—as well as to state educational agencies that receive federal funding.
Last week, Speaker Crystalyne Curley and HEHSC Chair Vince James issued a memo urging the Navajo Nation Department of Justice, the Department of Diné Education, and other relevant entities to present their analysis and recommendations to the HEHSC in response to the February 14 letter.
"We understand that the letter issued by the U.S. Department of Education is very concerning and brings about many questions from educational institutions on and off the Navajo Nation, so it is important that we bring everyone to the table so that we have a unified stance in response to the federal government,” said HEHSC Chair Vince James. “Their interpretation of the Civil Rights Act appears to contradict many longstanding interpretations.”
A written response from the Department of Diné Education asserts that the U.S. Department of Education “misinterprets the language of the Civil Rights Act of 1964.”
Navajo Nation Acting Attorney General Heather Clah then presented the committee with a memorandum emphasizing that the Navajo Nation’s relationship with the federal government is not based on race, color, or national origin, but is instead a government-to-government relationship defined by political classification and upheld by trust and treaty obligations.
The NNDOJ memorandum clarifies that educational programs serving Navajo students are not organized by race, color, or national origin. It warns that any actions undermining these programs—rooted in trust and treaty obligations—would erode tribal sovereignty and the unique legal relationship between Indian tribes and the U.S. government.
Additionally, the memorandum discussed how adjustments in admission practices, educational programming, and standardized testing might be used by institutions to avoid potential retaliation from the Department of Education.
During the discussion, Council Delegate Dr. Andy Nez raised concerns about the impact on Navajo students attending colleges and universities off the Nation, as well as on Navajo employees living elsewhere. He recommended that the Nation address these issues in any dialogue or consultation with the federal government regarding the White House’s Executive Orders.
The committee plans to work with NNDOJ to draft a response letter to the U.S. Department of Education by February 28.
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