Tribal Consultation

The purpose of Tribal Consultation is to ensure that Tribal governments or representatives and state or federal education agencies have meaningful opportunities to provide input, feedback, and recommendations on education policies, programs, and services that impact the success of American Indian/Alaska Native (AI/AN) students. This includes but is not limited to, curriculum development, teacher training, student assessment, special education, language, and cultural preservation.

Tribal consultation is a crucial component of ensuring that AI/AN students receive a high-quality education that is responsive to their cultural and linguistic backgrounds, and that respects their sovereignty and self-determination as Indigenous peoples. During Tribal Consultation, state and federal education agencies must engage in a government-to-government relationship with Tribal governments. This means that education agencies must respect and consider the unique cultural, linguistic, and educational needs of AI/AN students, families, and communities.

Tribal Consultation is a legal obligation imposed on state and federal agencies under the Every Student Succeeds Act (ESSA).

Tribal Consultation by Type

ESSA Consultation

The Every Student Succeed Act (ESSA) ensures new provisions for all students to be successful via stakeholder input. A key component, for Native students and Tribal stakeholders, is the development of meaningful Tribal consultation through respectful relationships between school districts, Tribes, and schools to foster informed policies and programs. In Washington state, the legislature acknowledged this need for accountability and maintaining meaningful Tribal Consultation by passing House Bill 1426 (2021-22) and Substitute Senate Bill 5252 (2021-2022), to go above and beyond the minimum ESSA requirements.

District Requirements

ESSA Tribal Consultation is required by all districts receiving Title VI Indian Education Grant Awards of more than $40,000 and/or that have a Native American student population of over 50 percent (ESEA section 1111(a)(1)(A)). Tribal consultation is required for all Title programs covered by ESSA, not solely Title VI – Indian Education. Beginning with fiscal year 2017, affected Local Education Agencies (LEAs) must consult with Indian tribes, or those tribal organizations approved by the tribes located in the area served by the LEA before submitting plans or applications for the following programs under ESEA:

• Title I, Part A (Improving Basic Programs Operated by State and Local Education Agencies)
• Title I, Part C (Education of Migratory Children)
• Title I, Part D (Prevention and Intervention Programs for Children and Youth who are Neglected, Delinquent, or At-Risk)
• Title II, Part A (Supporting Effective Instruction)
• Title III, Part A (English Language Acquisition, Language Enhancement, and Academic Achievement Act)
• Title IV, Part A (Student Support and Academic Enrichment (SSAE) Grants)
• Title IV, Part B (21st Century Community Learning Centers [21st CCLC])
• Title V, Part B, Subpart 2 (Rural and Low-Income School Program)
• Title VI, Part A, Subpart 1 (Indian Education Formula Grants to LEAs)

District Documentation

OSPI requires a yearly signed Affirmation of Tribal Consultation. OSPI will not release federal ESEA funds until all the below have been met:

1. Timely and meaningful consultation has been completed with the required ESSA Tribe(s).
2. The current school year Affirmation of Tribal Consultation has been uploaded to EGMS with the required signatures from your district as one of the assurances on the Consolidated Grant Application for federal funds.
3. All School Board Members have completed the 3-hour Strengthening Tribal Consultation Training required for all ESSA Required District School Board members. All school board members must take the training every 3 years and/or upon election to said school board.

Since Time Immemorial Curriculum Tribal Consultation

Academic progress in Native students has also been linked to culturally appropriate curricula that stress the distinctive features of each community. The history, culture, and government of the state's Tribal people must be taught in Washington's public schools. While the state mandates (Revised Code of Washington 28A.320.170) that school districts use the Since Time Immemorial curriculum, districts are permitted to modify the curriculum to include culturally relevant components of the nearest Tribe (list of tribes coming soon) into already existing materials.

Title VI Indian Education Formula Grant Initiation

Additionally, before submitting an initial plan or new application for a covered program under ESSA or under Title VI, local education agencies (LEAs) are required to consult with Tribal education leaders in their locality.

Curriculum & Trainings

School Administrator Government-to-Government Relationships Training

House Bill 1426 (2022) mandates in renewing an administrator certificate on or after July 1, 2023, continuing administrators must attend a 5-hour Government-to-Government Relationships Training to focus on:

• Introduction to Tribal Sovereignty in Washington State
• Boarding Schools and Historical Trauma
• Identifying Native Students in Public Schools 
• Agents of Change: School Leadership Behaviors and Dispositions​ 
• Creation of Government-to-Government Systems​ 
• Bulletin: Certificate Renewal Requirements for All Teacher and Administrator Certificates
• Bulletin: Administrators Government-to-Government Relationships Training February 7, 2024

Training Dates and Locations

Hybrid Administrators Government-to-Government Relationships Training

February 23, 2024
Muckleshoot Event Center | 2402 Auburn Way S, Auburn, WA 98002
9:00 AM Registration | 9:30 AM Training Start (45 Minute Lunch Break) | 3:30 PM Training Ends

Register here

This training fulfills the Government-to-Government Relationships with federally recognized Tribes new certificate renewal requirements for all teachers, administrators, including all principals, assistant principals, program administrators, Career and Technical Education (CTE) directors, and superintendents. New requirements are a result of HB 1426 and WAC 181-79A-244.

Contact Maxine Alex if you have questions. Sign up here to become a subscriber.

Partners: Association of Washington School Principals (AWSP), Governors’ Office of Indian Affairs (GOIA), Tribal Leaders Congress on Education (TLC), and Washington State Native Education Advisory Committee (WSNAEC). Announcements and invitations to trainings will be available soon.

Strengthening Tribal Consultation for School Directors Training

Training Dates and Locations

As additional training dates become available they will be posted here as well as distributed to our subscribers. Sign up here to become a subscriber.

Contact Maxine Alex if you have questions.

Substitute Senate Bill 5252 (2022) states that beginning September 1, 2024, school board members, superintendents, and any other staff at school districts that are required to perform Tribal consultation under Title VI of the federal ESSA (P.L. 114-95, 20 U.S.C. Sec. 1001 et seq., 20 U.S.C. 6301 et seq.) must take and certify completion of the 3-hour Strengthening Tribal Consultation training focusing on:

• Native Student Identification​ 
• Data Sharing​ 
• Implementation of Tribal history, culture and government​ – Since Time Immemorial

Partners: Governors’ Office of Indian Affairs (GOIA), Tribes, Leaders Congress on Education (TLC), Washington Association of School Administrators (WSSDA), and Washington State Native Education Advisory Committee (WSNAEC). Please check PD enroller & OSPI Bulletins for upcoming professional development.

Tribal Consultation Resources

• Washington Tribal Directory
• School District and Nearest Federally Recognized Indian Tribe
• National Indian Education Association Consultation Guides
• Tribal Consultation Under the Elementary and Secondary Education Act
• Washington State School Directors Association