Law360 (August 26, 2026, 6:36 PM EDT) -- A group of individuals, tribal nations and the Montana Office of Public Instruction have agreed to settle a class action challenging the state's failure to implement a mandate that requires public schools to teach Indigenous history and culture in consultation with local tribes.

Montana's Eighth Circuit District Court Judge Amy Eddy preliminarily granted the settlement Monday, and a final approval hearing is scheduled for Dec. 14.

The agreement, if approved, will end litigation five tribes and 18 individuals filed in 2021 against the Montana Office of Public Instruction; Elsie Arntzen, the then-superintendent of the office; the Montana Board of Public Education; and then-board chair Darlene Schottle.

The five tribes in the suit are the Assiniboine and Sioux Tribes of the Fort Peck Reservation, the Confederated Salish and Kootenai Tribes of the Flathead Reservation, the Fort Belknap Indian Community, the Little Shell Tribe of Chippewa Indians of Montana and the Northern Cheyenne Tribe.

The tribes and individuals had alleged there wasn't much evidence to show statewide compliance with a 1972 state constitutional requirement that all public school students receive instruction about the Indigenous people of the state.

According to the complaint, the state's office of public instruction failed to require uniform reporting from its school districts on their teachings of Native education or monitor how the schools even taught the subject.

As a result, the tribes and individuals said in 2021, Montana schools used Indian Education For All funds for purchases that could be harmful to students. For example, according to the complaint, an elementary school used its funding to buy "Squanto and the Miracle of Thanksgiving," a book that "approaches the holiday from an evangelical point of view."

"For too long, tribes were expected to trust that things would improve without having a seat at the table," Roxanne Gourneau, Fort Peck tribal executive board member, said Tuesday. "This settlement recognizes that tribal nations are essential partners in educating Montana's students."

Under the proposed settlement agreement, Montana public schools are required to show the Indian Education for All mandate is integrated across curriculum areas. In addition, the agreement calls for Indian Education For All funds to be appropriately used and that tribal nations are meaningfully engaged in developing Indigenous education programs.

Indian Education For All requires Montana schools to provide education about tribal histories, cultures and contemporary tribal governments.

"I am pleased that an agreement has been reached in this five-year lawsuit and that we can move forward with ensuring every Montana student receives authentic instruction on our state's tribal nations. Many of the terms of the settlement were already being undertaken at my direction including expanding the role of the Montana Advisory Council on Indian Education in statewide policy development, verification of local expenditures using Indian Education for All funds, greater tribal consultation, and incorporation of IEFA throughout Montana's content standards and classroom instruction," Montana Office of Public Instruction Superindent Susie Hedalen told Law360 in a Wednesday statement. 

"The OPI has also launched a new website and professional development portal to house additional IEFA resources for educators and families. In Montana, we support all students and work to ensure they are seen and supported," Hedalen added. 

Native American Rights Fund, which is representing the tribes and the individuals, said in a Tuesday statement that under the agreement, students should expect changes to bring more consistent and substantive instruction about Native history, culture and contemporary tribal governments — moving beyond isolated lessons or superficial coverage. For Native students, it also means classrooms that better reflect their identities, histories and lived experiences, the nonprofit said.

"This agreement helps prevent classrooms where Native history is missing, misunderstood, or treated as optional," NARF attorney Mark Carter said Tuesday. "It makes clear that Indian Education for All is not a suggestion — it's the law that was created by the people of Montana."

The individuals and tribal nations are represented by Alex Rate and Akilah Lane of the ACLU of Montana, Stephen Pevar, Samantha Kelty and Mark Carter of the ACLU, and Melody McCoy of the Native American Rights Fund. 

The Montana defendants are represented by Austin Knudsen and Thane Johnson of the Montana Department of Justice, and Katherine J. Orr of the Montana Agency Legal Services Bureau.

The case is DuPuis-Pablo v. Montana Office of Public Instruction, case number DDV-21-0398, in the Montana Eighth Judicial District Court for the County of Cascade.

--Editing by Lakshna Mehta. 

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