TCUs Invaluable to Fulfilling the Treaty Obligation for Indian Education

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By Aaron Payment

February 24, 2025

Guest Opinion. As the nation moves into the second Trump administration, we stand at a crucial juncture in transforming the U.S. public education system. Now more than ever, it is critical to recognize Indian Education as a U.S. Constitutional right and responsibility, as well as the essential role of Tribal Colleges and Universities (TCUs) in fulfilling this right.

Some may mistakenly view these rights as race-based privileges, but our Tribal right to education is rooted in superior rights reserved under the U.S. Constitution. TCUs have long played a vital role in upholding our Indian Education rights by providing capacity-building education that benefits students and their tribes.

It is important to acknowledge that the history of Indian Education predates colonization. From an Anishinabe biimaadziwin perspective, to seek to know (nan da-gikenan) and the pursuit of knowledge (nibwaakaawin), the truth (debwewin), learning (nanda-gikendan) is a journey not a destination to enhance one’s intelligence (gikendaasowin) to ultimately arrive at a state of wisdom (nibwaakaawin).  Many Tribal nations value the overall beneficence of the Tribal community as well as the individual educational purpose.  

While education is not a direct U.S. Constitutional right for most Americans, it is, at least for now, an equal protection right under the 14th Amendment. Government-to-government (G2G) relations were established in the U.S. Constitution (Article 1, Section 8, Clause 3) and upheld through judicial precedence. Education as a treaty and trust obligation has been honored through legislation and administrative actions, including Executive Orders (EOs) and Presidential Memorandums (PMs). It remains unclear whether the new administration will issue an EO or PM on Indian Education or what role TCUs will continue to play in fulfilling this treaty and trust obligation.

Indian Education has a long and complicated U.S. history, evolving from efforts to "civilize the savages" to today's focus on Indian Education and self-determination. Harvard University’s 1650 charter included provisions for educating both English and Indian youth. The Indian Boarding School era was an assimilationist assault on Indigenous identity. However, the establishment of the first Tribal college (Navajo/Diné) in 1968 marked a turning point. As we commemorate the 50th anniversary of the Indian Self-Determination and Education Assistance Act, we recognize the 35 Tribal colleges (plus two seeking accreditation) as essential institutions for Native students and as affordable community college options for rural and economically disadvantaged students of all backgrounds.

The effectiveness of TCUs is well-documented and highly valued by Tribal nations. My doctoral research highlights their impact. Findings indicate that non-Native students who transferred to four-year universities from TCUs had a higher final GPA (β = -0.016, p < .05), and those who entered universities directly were less likely to graduate (35%, p < .01). While these trends were not statistically significant for Native students due to sample size constraints, my research suggests that Native students who transfer from TCUs perform comparably to their peers in terms of GPA and graduation rates. This underscores the critical role of TCUs in fulfilling treaty and trust obligations for education. Given their emphasis on culture, language, and Tribal-informed curricula, TCUs are the preferred choice for many Native students (Payment, 2017).

The American education system is primarily governed at the state and local levels, but the federal role ensures compliance with equal protection and civil rights laws. Indian Education, however, is distinct as a reserved right established by Indian treaties. The interpretation of these treaties (Cannons of Treaty Construction) affirms that education includes vocational training for economic self-sufficiency. Indian land cessions—nearly two billion acres—provided the foundation for U.S. economic growth. The Morrill Act of 1862 , which established land grant institutions, gifted 30,000 acres of Indian-ceded land per Congressional member, resulting in 17 million acres transferred to states. While this legislation also supported Historically Black Colleges and Universities (HBCUs), the treaty and trust obligation for Indian Education is not based on racial remediation but on the unique political status of Tribal nations, as reaffirmed in Morton v. Mancari. TCUs did not receive similar federal support until 1994, with the passage of the  Improving America’s School Act.

The future of Indian Education under the Trump 2.0 administration remains uncertain. As an elected Tribal leader, I emphasize our responsibility to remind the administration of its Constitutional obligation not to diminish Indian Education, even amid efforts to dismantle the U.S. Department of Education. Native people stand in solidarity with other communities of color and marginalized groups. However, the treaty and trust obligation for Indian Education is a supreme U.S. Constitutional right that the federal government must uphold. This means securing full, mandatory, formula-based, and non-competitive funding. Our funding is not Diversity, Equity, Inclusion, and Accessibility (DEIA) support, welfare, or reparations—it is a pre-paid obligation, yet we continue to receive only pennies on the dollar.

I urge you to join me in calling on the incoming Secretaries of Education and Interior to fully understand the treaty and trust obligation for Indian Education and to recognize the critical role of TCUs in fulfilling this promise. Additionally, we must demand that the Trump administration work closely with key organizations, including the  National Indian Education Association, American Indian Higher Education Consortium, the American Indian College Fund, the National Congress of American Indians and the Tribal Education Departments National Assembly  These entities must be involved in drafting a comprehensive Tribal Consultation strategy on Indian Education, ensuring that Tribal nations are consulted before any policy changes are made.

The future of Indian Education depends on our vigilance and advocacy. Now is the time to demand that the federal government fulfill its Constitutional responsibilities and ensure that Indian Education is not only preserved but expanded.

Dr. Aaron Payment, is an elected Tribal Council Member for the Sault Ste. Marie Tribe. He has served for over 22 years in elective office including as Tribal Chairperson/CEO and also served for nearly a decade in leadership roles with the National Congress of Americans Indians including as First Vice President. Payment also served for a decade as a Member of the Board of Regents at a TCU and as President of a State Charter and BIE Tribal Grant School.  Additionally, he is a contributing writer for Native News Online. He welcomes input via email at [email protected]

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