Know the Laws, Regulations, Rules & Administration  

Native American Languages Act (NALA)

The Native American Languages Act (1990) established federal policy to allow the use of Native American languages as the medium of instruction in schools, and affirms the right of Native American children to express themselves, be educated, and assessed in their own Native language.

Since the passage of the Native American Languages Act in 1990 or NALA, it has been federal policy to not only allow, but promote the right of Native American students to be educated through the medium of Native American languages. This represents a major reversal of previous practice where the federal government used schooling to eliminate Native American languages. One of the most well known quotations in Indian country regarding such federal practice was the statement in the Report of the Indian Peace Commissioners: 

"Schools should be established, which children should be required to attend; their barbarous dialect should be blotted out and the English language substituted." (Report of the Indian Peace Commissioners, 1868, pp. 16-17)

This represents the beginning of the period of official suppression of Native American languages, with children kept from home for years on end and punished for speaking their languages.  It was only with NALA in 1990 that this policy was fully rejected and replaced with support for the maintenance of Native American languages and their use as languages of education.

Elementary and Secondary Education Act (ESEA) 

The Native American Languages Act (1990) established federal policy to allow the use of Native American languages as the medium of instruction, and affirms the right of Native American children to express themselves, be educated, and assessed in their languages.

NALA has been incorporated into reauthorizations of the federal Elementary and Secondary Education Act (ESEA) since the 1990s, including in the most recent 2015 reauthorization. The ESSA continues important distinctive provisions in Title III Sections 3124 & 3127.

Native American language medium schools often face barriers that other educational institutions do not face. The USDE, individual state and local school governing entities often lack a familiarity of the provisions within NALA, resulting in poor and uneven implementation of its policies.

Assessment

  • ESSA allows for distinctive assessments and allows for prioritizing the preservation and use of Native American languages in cases of conflicting priorities. NALA permits Native American students to be assessed in school in their Native languages.

  • National Coalition members have identified how the ESEA misaligns with NALA. Lack of alignment has resulted in a mischaracterization of true academic successes of Native American language medium schools and creates barriers to founding new schools & programs.

  • National Coalition member schools have established best practice relative to Native American language medium education. Best practices not only revitalize Native American languages, but also produce higher high school graduation and college attendance rates than mainstream education models.

  • National Coalition members following best practices have developed academic assessments in the language of instruction to monitor progress that are economical for community-based education systems.

Esther Martinez Program under the Administration for Native Americans

The U.S. Department of Health & Human Services, Administration for Children & Families, Administration for Native Americans, Native American Language Preservation and Maintenance - Esther Martinez Immersion (EMI) program provides funding for community-based projects that ensure continuing vitality of Native languages through immersion-based instruction. Programs funded under the EMI funding opportunity announcement must meet the requirements for either a Native American Language Nest, or a Native American Survival School. As defined by Esther Martinez Native American Languages Preservation Act (42 U.S.C. 2991b-3(b)(7). Pub. L. 109-394), Language Nests are "site-based educational programs that provide child care and instruction in a Native American language for at least 10 children under the age of seven for an average of at least 500 hours per child," and Native American Survival Schools are "site based educational programs for school-aged students that provide at least 500 hours per year per student of Native American language instruction to at least 15 students".

Research & Reports

America's Languages - Investing in Language for the 21st Century, by the Commission on Language Learning, American Academy on Arts and Sciences (2017).

  • “American Languages” was put together in response to a request from several members of Congress to study language education and research. The importance of Native American language education, as well as the work of the National Coalition, is referenced.

We encourage you to advocate for the full implementation of NALA in your own community.