Erik R. Bishoff Photographer
Law Professor Rennard Strickland, who specializes in American Indian law, said the Sapsik'wala program
is constitutional because American Indian tribes are recognized as sovereign nations.
SAPSIK’WALA
continued from page 1
accepting students last year. Students receive tu
ition and fees, a monthly stipend and a book al
lowance, as well as admissions and advising sup
port. The grant stipulates that program graduates
teach in districts that receive federal funds for
American Indian education for the amount of
time they were supported in the program.
Grier said she is not too concerned about the
allegations, although she said the matter will be
examined further.
"I'm really comfortable that this is a program
that doesn't violate the law," she said, adding
that there was no original reason for concern be
cause the program is funded through the U.S.
Department of Education.
The program has received more than $1.6
million in grants from the U.S. Department of
Education's Office of Indian Education,
Rounds said.
Rounds said the program is important be
cause of the contemporary struggles American
Indians in Oregon face, such as a 40 percent
high school dropout rate.
"When you think about things that way, then
there's no question about why are we doing
this," she said.
Strickland said issues pertaining to American In
dians' rights, such as educational programs, have
continually been upheld in the court systems.
"The (U.S.) Supreme Court has looked at this
any number of times," he said. Strickland said in
the 1974 case Morton vs. Mancari, the court
ruled the "separate congressional treatment of
Indians does not amount to a prohibited racial
classification."
"It's something that grows both out of the
constitution and out of the historical experience
with Indian tribes," he said.
Nonetheless, Mountain States Legal Founda
tion President William Perry Pendley said the
program is based on "erroneous race-based as
sumptions, " such as insisting only American In
dians can be appropriate teachers of American
Indian children.
"It just seems so outrageous to make that sort
of assertion," Pendley said.
Still, Sapsik'wala Student Support Services Co
ordinator Shadiin Garcia said American Indian
youth need role models who they can relate to
and who can bring new ways of learning to the
classroom, such as emphasizing oral tradition.
'The idea is there's a basis of understanding that
can be met," she said, adding that American Indi
an teach ers have a cultural awareness of students'
needs. "That's empowering for Native kids."
She said there are about 12,000 American In
dian K-12 students in Oregon and only about
100 American Indian teachers.
Graduate Student Cinnamon Bear, who is a
member of the Karuk tribe, said her favorite ex
perience in the program so far was working with
a group of fourth-graders.
"It's amazing how excited Native students get
about having a Native person working in their
classroom," she said. "They trust you and look
up to you in a way that they might not with a
non-Native person."
She said American Indian students need to be
valued in the education system.
"The program is an essential step in providing
the resources necessary for Native students to
succeed through the education system," she said.
However, Pendley said the bottom line is the
program's requirements.
"The reason it's unconstitutional is it makes
distinctions based on race," he said.
Strickland said the issue doesn't come down
to a racial classification. It's a "government-to
govemment" classification because tribes are rec
ognized as sovereign nations, he added.
It s no more a racial classification than say
ing that students who live in Oregon and who
receive lower student tuition because they are
Oregonians are being racially classified," he said.
Pendley said he understands that the govern
ment has a special relationship with American
Indians, but he questions whether that rela
tionship justifies using race as a factor for the
programs.
He said the foundation is not currendy taking
any action on the issue other than notifying the
University of its position.
"This is the first step," he said, adding that fu
ture action "remains to be seen."
Strickland said such accusations are nothing
new, but they are almost always decided in favor
of American Indians.
"It's a little bit frustrating I think for Indian
tribes and Indian communities to have to con
tinually respond to issues the answer of which
has been pretty clearly defined," he said. "There
are lots of issues in Indian law that are up ip the
air but this isn't one of them."
Contact the higher education/
student life/student affairs reporter
at chelseaduncan@dailyemerald.com.
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