Reading and the Native American Learner Research Report



Download 348.09 Kb.
Page12/13
Date conversion19.02.2016
Size348.09 Kb.
1   ...   5   6   7   8   9   10   11   12   13

Federally Recognized Tribes

The federal government does not recognize all American Indian tribes. In fact, “... the federal government officially recognizes less than three hundred of the more than four hundred tribes that claim to exist” (Pevar, 1992, p.14). This lack of recognition can result from (1) the failure of the federal government to have, at some point, created a reservation for the tribe; (2) the loss of tribal identity or a unifying tribal leadership; or (3) federal termination of tribal status (Pevar, 1992). Currently, only 28 of the 36 tribes in Washington State are federally recognized.56 Federal recognition is significant because only federally recognized tribes are eligible for most federal-Indian programs (Pevar, 1992; Utter, 1993). Furthermore, only federally recognized tribes maintain governments that exist beyond state jurisdiction (Pevar, 1992; Utter, 1993).


State Jurisdiction Over “Indian Country”
The term Indian country denotes (1) all land within the boundaries of a federal Indian reservation, (2) all land outside of reservation boundaries that is owned by American Indians and held in trust or restricted status by the federal government, and (3) all other lands set aside for the residence of tribal-based American Indians under federal protection (known as dependent Indian communities) (Pevar, 1992; Utter, 1993; 18 U.S.C. Sec. 1151). In general, states do not have any jurisdiction over Indian country unless Congress has granted such jurisdiction (Pevar, 1992). However, the Court has declared that states can nonetheless assert jurisdiction if such an assertion (1) does not violate federal law, (2) does not interfere with overriding federal or tribal interests, and (3) does not interfere with tribal self-government (unless the state interest in doing so is very compelling) (Pevar, 1992; State of Washington, 1977; Moe v. Confederated Salish and Kootenai Tribes, 425 U.S. 463).

In accordance with this judicial declaration, although tribes have civil jurisdiction within Indian country over both American Indians and virtually every non-Indian activity that involves American Indians or American Indian property, the Court has granted states some civil jurisdiction over certain activities involving non-Indians within Indian country (Cadwalader and Deloria, 1984; Pevar, 1992; State of Washington, 1977; Moe v. Confederated Salish and Kootenai Tribes, 425 U.S. 463). For example,


... the Court has permitted states to require Indian merchants to collect a state sales tax from their non-Indian customers.… The state can also require Indian merchants to keep records of their sales to non-Indians for state taxation purposes. Likewise, a non-Indian who wishes to sell liquor on the reservation can be required to obtain both a tribal and a state liquor license, and any personal property a non-Indian owns on the reservation can be taxed by the state as well as the tribe. (Pevar, 1992, p.160)
In regard to state criminal jurisdiction in Indian country, the Court has only allowed this to include crimes committed by non-Indians against other non-Indians (Pevar, 1992).

Congress has, however, expanded the jurisdiction of a number of states. This expansion has mainly occurred through Public Law 83-280 (P.L. 280), which mandated that six particular states assume, with limited exceptions, complete criminal jurisdiction and some civil jurisdiction over the American Indian reservations within their boundaries. P.L. 280 gave other states the option of doing so as well.

Washington accepted this option, receiving full jurisdiction over all fee patent land within Indian country, as well as limited jurisdiction over all American Indian land held in trust by the federal government (fee patent land is land held with full rights of ownership by an individual, as opposed to trust land, in which ownership is retained by the federal government).57,58 Washington’s jurisdiction over trust land is limited to compulsory school attendance, public assistance, domestic relations, mental illness, juvenile delinquency, adoptions, dependent children, and the operation of motor vehicles on public roads (Pevar, 1992; State of Washington, 1991; Swinomish, 1991). However, this state jurisdiction is not exclusive, but concurrent with tribal jurisdiction; furthermore, in regard to civil issues, Washington State’s jurisdiction has only been expanded to the degree that its courts are now permitted to resolve private disputes brought to it by American Indians who reside in Indian country (Pevar, 1992; State of Washington, 1977; Wilkinson, 1987).

Tribes as Entities Outside of the Federal

Governmental System
Many people still question the federal government’s right to assert jurisdiction over American Indian tribes (Deloria, 1969; Deloria, 1974; Josephy, 1971; Minugh, et al., 1989; Pevar, 1992; Prucha, 1984; Ryser, 1992). It is argued that tribes were sovereign nations long before the United States was and that there is no language within most federal-Indian treaties that would suggest that tribes renounced their sovereignty through them. As was addressed above, the United States acknowledged this fact until expansionist interests began to dictate otherwise. It is argued therefore that American Indian tribes exist outside of the U.S. federal system and that the federal government’s control over American Indian communities
... is quite simply illegal under international law... [F]ederal “Indian law” is not and was never so much a matter of law as it is and was always an exercise in rationalizing the extension and maintenance of U.S. colonial domination over every indigenous nation it encountered. (Minugh, et al., 1989, p.53)

Conclusion

Until recent decades, the federal governmental policy toward American Indians has primarily been meant to displace American Indians from their lands, assimilate them into mainstream society, or both. Such policies have seriously impoverished American Indian communities and disrupted their traditional ways of life. However, since the 1960s, federal-Indian policy has increasingly supported tribal self-government and the strengthening of tribal communities.

The United States’ historical desire to displace American Indian tribes from their lands has also resulted in federal courts effectively undermining the sovereignty of tribes while providing them with a unique legal status within the U.S. federal governmental system. The unique legal status that tribes hold is that of domestic dependent nations, toward which the federal government has special responsibilities and over which it has plenary power. Many American Indians argue, however, that tribes never relinquished their sovereignty to the United States and that such an assertion of U.S. jurisdiction over them is a form of colonial tyranny.

References

Adams, M. J., and Collins, A. (1979). A schema-theoretic view of reading. In R. O. Freedle (Ed.), New directions in discourse processing (pp. 1–22). Norwood, NJ: Ablex Publishing.


Almeida, D. A. (1996). Countering prejudice against American Indian and Alaska Natives through antibias curriculum and instruction [Online].

Available: http://www.ael.org/eric/dindian.htm


American Indian Policy Review Commission (1977). Final report. Washington, DC: Government Printing Office.
Au, K. H., and Kawakami, A. J. (1994). Cultural congruence in instruction. In E. R. Hollins,

J. E. King and W. C. Hayman (Eds.), Teaching diverse populations: Formulating a knowledge base (pp. 5–23). Albany, NY: State University of New York Press.


Banks, J. A. (1997). Approaches to multicultural curriculum reform. In J. A. Banks and

C. A. McGee Banks (Eds.), Multicultural education: Issues and perspectives (pp. 229–250). Needham Heights, MA: Allyn and Bacon.


Banks, J. A., and McGee Banks, C. A. (Eds.). (1997). Multicultural education: Issues and perspectives. Needham Heights, MA: Allyn and Bacon.
Basso, K. (1970). “To give up on words”: Silence in Apache culture. Southwest Journal of Anthropology, 26(3), 213–238.
Bennett, C. I. (1985). Comprehensive multicultural education: Theory and practice. Boston: Allyn and Bacon.
Bordewich, F. M. (1996). Revolution in Indian country. American Heritage, 47, 34–46.
Boseker, B. J. (1998). The disappearance of American Indian Languages. In I. A. Heath and

C. J. Serrano (Eds.), Teaching English as a second language: 98/99 (pp. 42–49). Guilford, CT: Dushkin/McGraw-Hill.


Brown, D. (1970). Bury my heart at Wounded Knee. New York, NY: Holt, Rinehart and Winston.
Brown, G. L. (1992). Reading and language arts curricula in elementary and secondary education for American Indians and Alaska Natives. In P. Cahape and C. B. Howley (Eds.), Indian Nations at Risk: Listening to the People (pp. 66–70). (ERIC Document Reproduction Service No.

ED 339 588)


Butterfield, R. (1994). Blueprints for Indian education: Improving mainstream schooling [Online]. (ERIC Document Reproduction Service No. ED 372 898)

Available: http://www.ael.org/eric/dindian.htm


Butterfield, R. A., and Pepper, F. (1992). Improving parental participation in elementary and secondary education for American Indian and Alaska Native students. In P. Cahape and

C. B. Howley (Eds.), Indian Nations at Risk: Listening to the People (Summaries of papers commissioned by the Indian Nations at Risk Task Force of the U.S. Department of Education) (pp. 47–53). (ERIC Document Reproduction Service No. ED 339 588)


Byler, W. (1977). The destruction of Indian families. In S. Unger (Ed.), The destruction of American Indian families. New York, NY: Association of American Indian Affairs.
Cadwalader, S. L., and Deloria, V. Jr. (Eds.). (1984). The aggressions of civilization. Philadelphia, PA: Temple University Press.
Canby, W. C. Jr. (1981). American Indian law in a nutshell. St. Paul, MN: West Publishing.
Cantoni, G. P. (Ed.). (1996). Stabilizing indigenous languages [Online]. Flagstaff, AZ: Northern Arizona University, Center for Excellence in Education.

Available: http://www.ncbe.gwu.edu/miscpubs/stabilize/index.htm#Table


Cantoni, G. P. (1997). Keeping minority languages alive: The school’s responsibility. (ERIC Document Reproduction Service No. ED 415 059)
Carrell, P. L. (1983a). Background knowledge in second language comprehension. Language Learning and Communication, 2(1), 25–34.
Carrell, P. L. (1983b). Some issues in studying the role of schemata or background knowledge in second language comprehension. Reading in a Foreign Language, 1(2), 81–92.
Carrell, P. L. (1983c). Three components of background knowledge in reading comprehension. Language Learning, 33(2), 183–207.
Carrell, P. L. (1984). Evidence of a formal schema in second language comprehension. Language Learning, 34(2), 87–112.
Carrell, P. L., and Eisterhold, J. C. (1983). Schema theory and ESL reading pedagogy. TESOL Quarterly, 17, 553–573.
Carrell, P. L., and Wallace, B. (1983). Background knowledge: Context and familiarity in reading comprehension. In M. A. Clarke and J. Handscombe (Eds.), On TESOL ‘82 (pp. 295–308). Washington, DC: Teachers of English to Speakers of Other Languages.
Charleston, G. M., and King, G. L. (1991). Indian Nations at Risk Task Force: Listen to the people. Washington, DC: U.S. Department of Education. (ERIC Document Reproduction Service No. ED 343 754)
Cherokee Nation vs. Georgia, 30 U.S. (5 pet) 1. (1831).
Cingolani, W. (1973). Acculturating the Indian: Federal policies, 1834–1973. Social Work, November, 24–28.
Cleary, L. M., and Peacock, T. D. (1998). Collected wisdom: American Indian education. Needham Heights, MA: Allyn and Bacon.
Cohen, E. G. (1994). Designing groupwork: Strategies for the heterogeneous classroom. New York: Teachers College Press.
Craig, B. (1991). American Indian English. English World-Wide, 12(1), 25–61.
Cummins, J. (1992). The empowerment of Indian students. In J. Reyhner (Ed.), Teaching American Indian students (pp. 3–12). London: University of Oklahoma Press.
Dale, M. D. (1969). Indian-white relations on the Pacific Slope, 1850–1890. Unpublished doctoral dissertation, University of Washington.
Dehyle, D. (1992). Constructing failure and maintaining cultural identity: Navajo and Ute school leavers. Journal of American Indian Education, 31(2), 24–47.
Deloria, V. Jr. (1969). Custer died for your sins. New York, NY: Macmillan.
Deloria, V. Jr. (1974). Behind the trail of broken treaties. New York, NY: Delacorte Press.
Deloria, V. Jr. (1977). Indians of the Pacific Northwest: From the coming of the white man to the present day. Garden City, NY: Doubleday and Company, Inc.
Deloria, V. Jr. (1985). American Indian policy in the twentieth century. Norman: University of Oklahoma Press.
De Melendez, W. R., and Ostertag, V. (1997). Teaching young children in multicultural classrooms: Issues, concepts, and strategies. Albany, NY: Delmar Publishers.
Devine, J. (1988). The relationship between general language competence and second language reading proficiency: Implications for teaching. In P. L. Carrell, J. Devine and D. E. Eskey (Eds.), Interactive approaches to second language reading (pp. 260–277). New York, NY: Cambridge University Press.
Diessner, R., and Walker, J. L. (1989). A cognitive pattern of the Yakama Indian students. Journal of American Indian Education, Special Issue, 84–88.
Dodd, J. M., Nelson, R., and Spint, W. (1995). Prereferral activities: One way to avoid biased testing procedures and possible inappropriate special education placement for American Indian students [Online]. Journal of Educational Issues of Language Minority Students, 15.

Available: http://www.ncbe.gwu.edu/miscpubs/jeilms/


Dunn, R. (1996). How to implement and supervise a learning style program. Alexandria, VA: Association for Supervision and Curriculum. (ERIC Document Reproduction Service No.

ED 395 367)


Dunn, R., and Griggs, S. A. (1995). Multiculturalism and learning style: Teaching and counseling adolescents. Westport, CT: Praeger.
Education Department of Western Australia. (1994a). First steps: Oral language developmental continuum. Melbourne, Australia: Longman.
Education Department of Western Australia. (1994b). First steps: Oral language resource book. Melbourne, Australia: Longman.
Erickson, F. (1993). Transformation and school success: The politics and culture of educational achievement. In E. Jacob and C. Jordan (Eds.), Minority education: Anthropological perspectives (pp. 27–51). Norwood, NJ: Ablex Publishing.
Erickson, F. (1997). Culture in society and in educational practices. In J. A. Banks and

C. A. McGee Banks (Eds.), Multicultural education: Issues and perspectives (pp. 32–60). Needham Heights, MA: Allyn and Bacon.


Eskey, D. E. (1986). Theoretical foundations. In F. Dubin, D. E. Eskey and W. Grabe (Eds.), Teaching second language reading for academic purposes (pp. 2–23). Reading, MA:

Addison-Wesley.


Farr, B. P., and Trumbull, E. (1997). Assessment alternatives for diverse classrooms. Norwood, MA: Christopher-Gordon Publishers.
Finders, M., and Lewis, C. (1998). Why some parents don’t come to school. In I. A. Heath and C. J. Serrano (Eds.), Teaching English as a second language: 98/99 (pp. 162–165). Guilford, CT: Dushkin/McGraw-Hill.
Fletcher, J. D. (1983). What problems do American Indians have with English. Journal of American Indian Education, 23(1), 1–14.
Fixico, D. L. (1986). Termination and relocation: Federal-Indian policy, 1945–1960. Albuquerque, NM: University of New Mexico Press.
Fleras, A. and Elliott, J. L. (1992). The nations within: Aboriginal-state relations in Canada, the United States, and New Zealand. Toronto, Canada: Oxford University Press.
Fritz, H. E. (1963). The movement for Indian assimilation, 1860–1890. Philadelphia, PA: University of Pennsylvania Press.
Garcia, R. L., and Ahler, J. G. (1992). Indian education: Assumptions, ideologies, strategies. In J. Reyhner (Ed.), Teaching American Indian students (pp. 13–32). London: University of Oklahoma Press.
Gardner, H. (1993). Multiple intelligences: The theory in practice. New York, NY: Basic Books.
Getches, D. H., and Wilkinson, C. F. (1986). Federal Indian law: Cases and materials.

St. Paul, MN: West Publishing Company.


Gilliland, H. (1980). Indian children’s books. Billings, MO: Council for Indian Education.
Gilliland, H. (1982). The new view of Native Americans in children’s books. The Reading Teacher, 35, 799–803.
Gilliland, H. (1983). Modern Indian stories are essential to the success of modern Indian children. Native American Education, February, 1–2.
Goldenberg, C. (1991). Instructional conversations and their classroom application (Educational Practice Rep. No. 2) [Online]. National Center for Research on Cultural Diversity and Second Language Learning.

Available: http://www.ncbe.gwu.edu/miscpubs/ncrcdsll


Grossman, G. S. (1979). The sovereignty of American Indian tribes: A matter of legal history. Minneapolis, MN: Minnesota Civil Liberties Union Foundation.
Grossman, D. C., and Krieger, J. W. (1994). Health status of urban American Indians and Alaska Natives: A population-based study. Journal of the American Medical Association, 271(11), 845–850.
Guild, P. (1998). The culture/learning style connection. In I. A. Heath and C. J. Serrano (Eds.), Teaching English as a second language: 98/99 (pp. 102–106). Guilford, CT: Dushkin/McGraw-Hill.
Hall, W. S., Nagy, W. E., and Linn, R. (1984). Spoken words: Effects of situation and social group on oral word usage and frequency. Hillsdale, NJ: Erlbaum.
Henry, S. L., and Pepper, F. C. (1990). Cognitive, social, and cultural effects on Indian learning style: Classroom implications. The Journal of Educational Issues of Language Minority Students, 7(Special Issue), 85–97.
Indian Nations at Risk Task Force, U.S. Department of Education. (1991). Indian Nations at Risk: An educational strategy for action (Final Report). Author. (ERIC Document Reproduction Service No. ED 339 587)
Jacob, C. (1985). Translating culture: From ethnographic information to educational program. Anthropology and Education Quarterly, 16, 105–123.
Jacob, E., and Jordan, C. (1993). Understanding minority education: Framing the issues. In

E. Jacob and C. Jordan (Eds.), Minority education: Anthropological perspectives (pp. 3–13). Norwood, NJ: Ablex Publishing.


Josephy, A. (1971). Red power. New York, NY: American Heritage Press.
Kaulback, B. (1984). Styles of learning among Native children: A review of the research. Canadian Journal of Native Education, 11(3), 27–37.
Kelly, L. C. (1986). The Indian Reorganization Act: The dream and the reality. In

R. L. Nichols (Ed.), The American Indian: Past and present. New York, NY: Alfred A. Knopf.


Kessel, J. A., and Robbins, S. P. (1984). The Indian Child Welfare Act: Dilemmas and needs. Child Welfare, LXII (3), 225–232.
Kirk, B. V. (1989). Dialogue journals: A technique to strengthen ethnic pride and achievement. Journal of American Indian Education, 29(1), 19–25.
Kramer, B. J. (1991). Education and American Indians: The experience of the Ute Indian Tribe. In M. A. Gibson and J. U. Ogbu (Eds.), Minority status and schooling: A comparative study of immigrant and involuntary minorities (pp. 287–307). New York: Garland Publishing.
Ladson-Billings, G. (1995). Toward a theory of culturally relevant pedagogy. American Educational Research Journal, 32(5), 465–491.
Leap, W. L. (1992). American Indian English. In J. Reyhner (Ed.), Teaching American Indian Students (pp. 143–153). London: University of Oklahoma Press.
Leap, W. L. (1993). American Indian English. Salt Lake City, UT: University of Utah Press.
Leaver, B. L. (1997). Teaching the whole class. Thousand Oaks, CA: Corwin Press. (ERIC Document Reproduction Service No. ED 414 265)
Littlebear, D. (1992). Getting teachers and parents to work together. In J. Reyhner (Ed.), Teaching American Indian students (pp.104–111). Norman: University of Oklahoma Press.
Little Soldier, L. (1989). Language learning of Native American students. Educational Leadership, 46(5), 74–75.
McGee Banks, C. A. (1997). Parents and teachers: Partners in school reform. In J. A. Banks and C. A. McGee Banks (Eds.), Multicultural education: Issues and perspectives (pp. 408–426). Needham Heights, MA: Allyn and Bacon.
McKellips, K. K. (1992). Educational practices in two nineteenth century American Indian mission schools. Journal of American Indian Education, 32(1), 12–20.
McShane, D. (1988). An analysis of mental health research with American Indian youth. Journal of Adolescence, 11, 87–116.
Miller, D. L., Hoffman, F.,and Turner, D. (1980). A perspective on the Indian Child Welfare Act. Journal of Contemporary Social Work, 61(8), 468–471.
Minugh, C. J., Morris, G. T., and Ryser, R. C. (Eds.). (1989). Indian self-governance: Perspectives on the political status of Indian nations in the United States of America. Kenmore, WA: Center for World Indigenous Studies.
More, A. J. (1989). Native Indian learning styles: A review for researchers and teachers. Journal of American Indian Education, Special Issue, 15–28.
Myers, J. A. (Ed.). (1981). They are young once but Indian forever. Oakland, CA: American Indian Lawyer Training Program, Inc.
Nagy, W. E. (1988). Teaching vocabulary to improve reading comprehension. Newark, DE: International Reading Association.
O’Brian, S. (1986). The government-government and trust relationships: Conflicts and inconsistencies. American Indian Culture and Research Journal, 10, 57–80.
Office of Superintendent of Public Instruction, Indian Education Office. (1994). Washington State Indian and Alaskan Native education demographics. Olympia, WA: Author.
Office of Superintendent of Public Instruction, Washington State Native American Education Advisory Committee. (1995). Indian education plan of action for Washington State. Olympia, WA: Author.
Office of Superintendent of Public Instruction. (1998a). Research into practice: An overview of reading research for Washington State. Olympia, WA: Author.
Office of Superintendent of Public Instruction. (1998b). School enrollment summary: Washington State school districts, school year 1997-98. Olympia, WA: Author.
Office of Superintendent of Public Instruction. (1998c). Washington Assessment of Student Learning: Results of 4th and 7th grade testing by ethnicity and gender [Online]. Olympia, WA: Author.

Available: http://cisl.ospi.wednet.edu/Assessment2/assess4EG.htm


Ogbu, J. U. (1978). Minority education and caste: The American system in cross-cultural perspective. New York, NY: Academic Press.
Ogbu, J. U. (1991). Immigrant and involuntary minorities in comparative perspective. In

M. A. Gibson and J. U. Ogbu (Eds.), Minority status and schooling: A comparative study of immigrant and involuntary minorities (pp. 3–33). New York: Garland Publishing.


Ogbu, J. U. (1993). Frameworks-variability in minority school performance: A problem in search of an explanation. In E. Jacob and C. Jordan (Eds.), Minority education: Anthropological perspectives (pp. 83–111). Norwood, NJ: Ablex Publishing.
Osborne, B. (1989). Cultural congruence, ethnicity and fused biculturalism: Zuni and Torres Strait. Journal of American Indian Education, 28(2), 7–20.
Payne, R. K. (1998). A framework for understanding poverty. Baytown, TX: RFT Publishing.
Pearce, D. L. (1992). Improving Reading Comprehension. In J. Reyhner (Ed.), Teaching American Indian Students (pp. 178–191). London: University of Oklahoma Press.
Pepper, F. C., Nelson, S. R., and Coburn, J. (1985). Effective practices in Indian education: Administration Monograph. Portland, OR: Northwest Regional Educational Laboratory.
Pevar, S. L. (1992). Rights of Indians and tribes: The basic ACLU guide to Indian and tribal rights. Carbondale: Southern Illinois University Press.
Phillips, S. U. (1972). Participant structures and communicative competence: Warm Springs children in community and classroom. In C. B. Cazden, V. P. John and D. Hymes (Eds.), Functions of language in the classroom (pp. 370–394). New York: Teachers College Press.
Phillips, S. U. (1976). Some sources of cultural variability in the regulation of talk. Language in Society, 5, 81–95.
Phillips, S. U. (1983). The invisible culture: Communication in classroom and community of the Warm Springs Indian Reservation. New York, NY: Longman.
Plank, G. A. (1994). What silence means for educators of American Indian children. Journal of American Indian Education, 34(1), 3–19.
Porter, F. W. (1990). In search of recognition: Federal-Indian policy and the landless tribes of western Washington. American Indian Quarterly, Spring, 113–132.
Provenzo, E. F., and McCloskey, G. N. (1981). Opposed colonial models. Journal of American Indian Education, 21(1), 10–18.
Prucha, F. P. (1984). The great father. Lincoln, NE: University of Nebraska Press
1   ...   5   6   7   8   9   10   11   12   13


The database is protected by copyright ©essaydocs.org 2016
send message

    Main page