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Indian Law

Primary Sources

Congress has passed many laws affecting education in Native American, Alaska Native, and Native Hawaiian communities. Below are several significant laws that Congress has passed since 1819. The linked resources provide the original text of each law as it existed when it was enacted. Please note that several of these laws have been repealed or amended. Current laws can be found in the United States Code, and many statutes relevant to Indian Education are found in Title 25-Indians.


Civilization Fund Act (1819)
The Civilization Fund Act of 1819 authorized funding for organizations to run schools on Native American reservations. It was later used to authorize the establishment of off-reservation boarding schools. 

The Snyder Act of 1921
The Snyder Act of 1921 authorized the Bureau of Indian Affairs to expend money to provide education to Native Americans.

Johnson-O'Malley Act of 1934
This Act authorized the Secretary of the Interior to arrange with States or Territories to provide education to Native Americans.

Indian Reorganization Act of 1934
This Act contained many provisions that applied to the treatment of Native Americans. Among them, it provided funding for educational loans for Native Americans to attend vocational and trade schools.

Public Law 81-874 (1950)
Officially titled "An Act to provide financial assistance for local educational agencies in areas affected by federal activities, and for other purposes," this law sought to provide financial assistance to educational institutions located on Federal land. 

Indian Education Act of 1972
The Indian Education Act of 1972 was a landmark piece of legislation. Among other things, it established the Office of Indian Education and the National Advisory Council on Indian Education, and it provided federal funds for American Indian and Alaska Native education at all grade levels. It is part of a larger bill regarding education. Scroll to page 100 of the hyperlinked resource to find the text of the Indian Education Act.

Indian Self-Determination and Education Assistance Act (1975)
This Act authorized several government agencies to enter into contracts with, and make grants directly to, federally recognized Indian tribes. The Act therefore gave tribes the ability to provide education to their children while still receiving federal funding.

Tribally Controlled Community College Assistance Act of 1978
This Act was passed to provide resources to Indian tribes for establishing and improving tribal colleges.  

Augustus F. Hawkins-Robert T. Stafford Elementary and Secondary School Improvement Amendments of 1988
This Act sought to improve elementary and secondary education, and several provisions related to Indian and Native Hawaiian children can be found throughout. The Act includes the Native Hawaiian Education Act of 1988 (Title IV, located at page 229 of the hyperlinked resource) and the Indian Education Amendments of 1988 (Title V, located at page 234 of the hyperlinked resource).

Native American Languages Act (1990)
The Native American Languages Act permitted schools to instruct children using Native American languages and affirmed the right of Native American children to express themselves and be educated and assessed in their Native language.

Native American Languages Act of 1992
This Act amended the 1990 Native American Languages Act to provide grants to eligible tribal governments and Native American organizations to assist Native Americans in assuring the survival and continuing vitality of their languages.

Improving America's Schools Act of 1994
This Act provided funding for most federal K-12 education programs and enacted some changes to those programs. Several provisions affecting Indian education can be found throughout the Act. Title IX (located at page 256 of the hyperlinked resource) contains provisions particular to Indian, Native Hawaiian, and Alaska Native education, including the Native Hawaiian Education Act (at page 277) and the Alaska Native Educational Equity, Support and Assistance Act (at page 288).

No Child Left Behind Act of 2001
This landmark piece of legislation became the primary federal law regulating K-12 education. Several provisions affecting Indian education can be found throughout the Act. Title VII (located at page 483 of the hyperlinked resource) contains provisions that particularly affect Indian, Native Hawaiian, and Alaska Native education. 

Esther Martinez Native American Languages Preservation Act of 2006
This Act funded programs designed to preserve Native American languages and to prevent the loss of heritage and culture. 

Improving Head Start for School Readiness Act (2007) 
This Act reauthorized the Head Start program and amended it in several ways. It includes provisions relating to Indian Head Start programs.

Every Student Succeeds Act (2015)
This Act replaced and updated the No Child Left Behind Act and sought "to provide all children significant opportunity to receive a fair, equitable, and high-quality education, and to close educational achievement gaps." Several provisions affecting Indian education can be found throughout the Act. Title VI (located at page 245 of the hyperlinked resource) includes particular provisions regarding Indian, Native Hawaiian, and Alaska Native education.

Esther Martinez Native American Languages Programs Reauthorization Act (2019)
This law revised a grant program administered by the Administration for Native Americans at the Department of Health and Human Services to preserve Native American languages. 

The President of the United States manages the operations of the Executive branch of Government through Executive Orders, which direct Executive branch officials to take or stop some action related to policy or management. Below are select Executive Orders that relate to education in Native American, Alaska Native, or Native Hawaiian communities. You may search the Federal Register to find additional Executive Orders.


Executive Order 13021: Tribal Colleges and Universities
This Executive Order signed by President Bill Clinton in 1996 was enacted to ensure, among other things, that tribal colleges and universities were more fully recognized as accredited institutions and had Federal resources committed to them on a continuing basis. It was subsequently revoked by Executive Order 13270 (see below).

Executive Order 13096: American Indian and Alaska Native Education
This Executive Order issued by President BIll Clinton in 1998 required implementation of a number of Federal activities designed to address the fragmentation of government services to American Indian and Alaska Native students in primary and secondary schools. It was subsequently revoked by Executive Order 13336 (see below).

Executive Order 13175: Consultation and Coordination with Indian Tribal Governments
President Bill Clinton signed this landmark Executive Order in 2000, and it requires federal departments and agencies to consult with Indian tribal governments when considering policies—including education policies—that will impact tribal communities. This Executive Order is still in effect, and it greatly influenced the tribal-consultation provisions in the Every Student Succeeds Act.

Executive Order 13270: Tribal Colleges and Universities
This Executive Order issued by President George W. Bush in 2002 established the President's Board of Advisors on Tribal Colleges and Universities and the White House Initiative on Tribal Colleges and Universities to help students from tribal communities meet the standards of the No Child Left Behind Act of 2001. It revoked Executive Order 13021. It was subsequently revoked by Executive Order 13592 (see below).

Executive Order 13336: American Indian and Alaska Native Education
This Executive Order issued by President George W. Bush in 2004 aimed to assist tribal governments with meeting the standards of the No Child Left Behind Act of 2001 (NCLBA) without abridging tribal sovereignty. It created an interagency working group on American Indian and Alaska Native education to develop and recommend a plan to work with tribal governments, and it directed the Secretary of Education to coordinate with that group to help students meet NCLBA standards. It revoked Executive Order 13096. It was subsequently revoked by Executive Order 13592 (see below).

Executive Order 13592: Improving American Indian and Alaska Native Educational Opportunities and Strengthening Tribal Colleges and Universities
President Barack Obama issued this Executive Order in 2011 to encourage federal support for American Indian and Alaska Native students to attend higher education institutions, including tribal colleges and universities. It revoked Executive Orders 13270 and 13336. It was subsequently superseded and revoked by Executive Order 14049 (see below).

Executive Order 14049: White House Initiative on Advancing Educational Equity, Excellence, and Economic Opportunity for Native Americans and Strengthening Tribal Colleges and Universities
President Joe Biden issued this Executive Order in 2021 to "help advance educational equity, excellence, and economic opportunity for Native American students." It created an Initiative to consult and collaborate with relevant Tribal governments and actors to identify and overcome certain barriers to educational success. It superseded and revoked Executive Order 13592.

Executive Order 14031: Advancing Equity, Justice, and Opportunity for Asian Americans, Native Hawaiians, and Pacific Islanders
President Joe Biden issued this Executive Order in 2021, and among its goals, it sought to address disparities that Native Hawaiians experience in education.

Important Cases and Decisions

Marshall Trilogy
The following cases were authored by Chief Justice John Marshall. They are collectively known as the Marshall Trilogy, and they significantly influenced Native American education by establishing foundational principles of federal-tribal relations.

Ex Parte Crow Dog, 109 U.S. 556 (1883)
This case emphasized tribal sovereignty and the limitations of federal jurisdiction, affecting the control over education within tribes.

Elk v. Wilkins, 112 U.S. 94 (1884)
Although focused on citizenship, this case had implications for Native American rights and access to public services, including education.

United States v. Kagama, 118 U.S. 375 (1886)
This case upheld the federal government's authority over Native American tribes, influencing the administration of education within reservations.

Lone Wolf v. Hitchcock, 187 U.S. 553 (1903)
This case dealt with the federal government's power over Native American lands and resources, indirectly affecting educational funding and policies.

Morton v. Ruiz, 415 U.S. 199 (1974)
This case addressed the rights of Native Americans to access federal benefits, including education, by clarifying eligibility criteria and the government's obligations.

Santa Clara Pueblo v. Martinez, 436 U.S. 49 (1978)
This case upheld tribal sovereignty and self-determination, which extended to the administration and control of educational programs within tribal lands.

Yellow Kidney v. Montana Office of Public Instruction
In July 2021, multiple families and Tribes filed a class action lawsuit against the Montana Office of Public Instruction to ensure that all Montana students "learn about the distinct and unique cultural heritage of American Indians in a culturally responsive manner" as the state's constitution requires. The litigation is ongoing, and updates can be found on the ACLU and Native American Rights Fund websites.


Stephen C. v. Bureau of Indian Education
In January 2017, families of students attending Havasupai Elementary School in Arizona filed suit against the Bureau of Indian Education (BIE), alleging that BIE had failed to provide basic education to children at the school—including children with disabilities and special needs. The parties reached a settlement on the special-education claims, and BIE subsequently issued a policy for providing education and accommodations to students with disabilities. However, the court dismissed the remaining claims, and the families appealed. The U.S. Court of Appeals for the Ninth Circuit held oral argument in February 2022 and reversed the lower court's ruling. The parties subsequently settled the remaining claims. You can learn more about the case and review copies of the parties' filings on the Turtle Talk blog and the Civil Rights Litigation Clearinghouse website.


Martinez/Yazzie v. State of New Mexico
In 2014, several families and school districts filed suit against the State of New Mexico and its Education Department, claiming that the State was violating the constitutional rights of students by failing to provide them with a sufficient education. A judge in New Mexico's First Judicial District subsequently ruled in the plaintiffs' favor and issued a series of decisions and orders requiring the State to make immediate reforms. Those decisions include the following filings (all obtained courtesy of the New Mexico Center on Law and Poverty):

The plaintiffs have subsequently filed suit to enforce compliance with the Court's orders. In 2021, the District Court ordered the State to take steps to ensure that school-age children have access to digital devices and the internet. You may find more information about the plaintiff's ongoing enforcement efforts on the New Mexico Center on Law and Poverty's website.


Meyers v. Board of Education of San Juan School District
In 1993, several families brought suit against the Board of Education of the San Juan School District in Utah to compel it to provide elementary and secondary education to American Indian children living in the Navajo Mountain community. In April 1995, a federal judge issued a Memorandum Opinion and Order determining that the school district, the State of Utah, the United States, and the Navajo Nation each had a duty to provide education to the students. A year later, the parties executed a settlement agreement that resulted in the construction of a high school for the children.

Secondary Sources

ASU Library One Search
Below is a short list of texts in the ASU libraries’ collection related to Indian Education. You can search for more books and other library resources related to Native American education through the online library catalog by keyword searching or using subject headings such as Indians of North American-Education-History or Indians of North American-Education (Higher).


On Our Own Terms: Indigenous Histories of School Funding and Policy  (Meredith L. McCoy, 2024)
This book sets recent federal education legislation against the backdrop of two hundred years of education policy to explore two critical themes: the racial and settler colonial dynamics that have shaped and continue to shape Indian education; and an equally long and persistent tradition on the part of Indigenous people to engage in education on their own terms.

The Rights of Indians and Tribes (Stephen L. Pevar, 2024, available on campus or remotely with ASURITE credentials)
This work explains Federal Indian Law in a conversational yet authoritative manner, containing citations to relevant court decisions, statutes, and agency regulations. It is user-friendly and particularly helpful for tribal advocates, students, government officials, lawyers, and members of the general public. The 2012 edition of this book is available in the library's physical collection.

To Educate American Indians: Selected Writings from the National Educational Association's Department of Indian Education (Larry C. Skogen, ed., 2024)
For a decade, educators gathered at annual meetings and presented papers on how best to educate Native students. In this volume, Skogen presents many of these unedited papers and gives them historical context for the years 1900 to 1904, a time when the debate about how best to “civilize” Indigenous populations dominated discussions. This work is also available as an eBook (available on campus or remotely with ASURITE credentials).

The Yazzie Case: Building a Public Education System for Our Indigenous Future (Wendy Shelly Greyeyes et al., eds., 2023)
This collection of essays covers the background and significance of a New Mexico lawsuit that proved that the educational needs of Native American students were not being met. The work is also available as an eBook (available on campus or remotely with ASURITE).

Postindian Aesthetics: Affirming Indigenous Literary Sovereignty (Debra K.S. Barker, Connie A. Jacobs, & Robert Allen Warrior, eds., 2022, available on campus or remotely with ASURITE credentials)
This is a collection of critical, cutting-edge essays about Indigenous writers who are creatively and powerfully contributing to a thriving Indigenous literary aesthetic. This book argues for a literary canon that includes Indigenous literature that resists colonizing stereotypes so that readers can better understand the contemporary Indigenous experience.  

Without Destroying Ourselves: A Century of Native Intellectual Activism for Higher Education (John A. Goodwin, 2022)
This book explores how Indigenous people in the United States, through Native activism, have negotiated greater access to and control of higher education.

Indian Education for All: Decolonizing Indigenous Education in Public Schools (John P. Hopkins, 2020)
This book explains why teachers and schools need to privilege Indigenous knowledge and explicitly integrate decolonization concepts into learning and teaching to address the academic gaps in Native education.

A World of Indigenous Languages: Politics, Pedagogies and Prospects for Language Reclamation (T.L. McCarthy, Sheilah E. Nicholas, & Gillian Wigglesworth, eds., 2019)
This book examines the multifaceted efforts of Indigenous peoples around the world to reclaim and sustain their languages.

Indians in the United States and Canada: A Comparative History (Roger L. Nichols, 2018, available on campus or remotely with ASURITE credentials)
Drawing on a vast array of primary and secondary sources, this work traces the changing relationships between Native peoples and whites in the United States and Canada from colonial times to the present. Chapters include discussions about schools and education.

Tribal Strengths and Native Education: Voices from the Reservation Classroom (Terry E. Huffman, 2018, available on campus or remotely with ASURITE credentials)
This book explores how Native educators perceive pedagogical strengths rooted in their tribal heritage and personal ethnicity, and it shows how tribal identity can be a source of resilience in academic and personal success.

Culturally Sustaining Pedagogies: Teaching and Learning for Justice in a Changing World (Django Paris & H. Samy Alim, eds., 2017)
This book raises fundamental questions about the purpose of schooling in changing societies and proposes that schooling should be a site for sustaining the cultural practices of communities of color, rather than eradicating them. The book is also available as an eBook (available on campus or remotely with ASURITE credentials).

Honoring Our Children: Culturally Appropriate Approaches for Teaching Indigenous Students (Jon Reyhner, Joseph Martin, Louise Lockard & Willard Sakiestewa Gilbert, 2013)
This collection of essays provides insights into Indigenous people’s educational needs and desires. It emphasizes culture-based education, which seeks to accomplish the melding of Indigenous and Western knowledge and pedagogy to improve school experiences for both Indigenous and non-Indigenous students.

Indigenous Knowledge and Education: Sites of Struggle, Strength, and Survivance (Malia Villegas, Sabina Rak Neugebauer & Kerry R. Venegas, 2008)
This book features essays that explore Indigenous ways of knowing and that consider how such knowledge can inform educational practices and institutions.

The Universal Right to Education: Justification, Definition, and Guidelines (Joel H. Spring, 2000)
In this book, the author argues for and defines a universal right to education as provided for in Article 26 of the United Nation's Declaration of Human Rights.

Journal of American Indian Education 
Founded in 1961 and housed within ASU's Center for Indian Education, the Journal of American Indian Education is a refereed journal featuring original scholarship on education issues of American Indians, Alaska Natives, Native Hawaiians, and Indigenous peoples worldwide. 

American Indian Culture and Research Journal
Housed at the University of California, Los Angeles, this journal publishes original scholarship, commentaries, and book reviews on a wide range of issues in fields ranging from history to anthropology to education and more. 

American Indian Quarterly
This journal, published by the University of Nebraska Press, features diverse scholarship that contributes to the development of American Indian studies as a field and to the sovereignty and continuance of American Indian nations and cultures.

Canadian Journal of Native Studies
This bi-annual journal produced by Brandon University in the Canadian province of Manitoba publishes articles about anthropological, historical, sociological, political, legal, educational and cultural issues affecting Indigenous peoples worldwide.

Cultural Survival Quarterly Magazine
This magazine published by an Indigenous-run nonprofit organization features articles and stories about the real, everyday experiences of Indigenous people and communities.   

First Peoples Child & Family Review
Founded in 2003, the First Peoples Child & Family Review is an open-access, interdisciplinary, and peer-reviewed journal honoring the voices and perspectives of First Peoples and non-Indigenous allies and supporters. It published its final issue in February 2024.

Journal of Indigenous Research
This peer-reviewed journal publishes articles about research that has been conducted among Native American, Alaska Native, and Native Hawaiian, Maori people. Articles cover a variety of topics, including the environment, public health, psychology, general health, and education, and articles are written in non-technical language so that laypeople can understand the research outcomes and conclusions.  

Native American and Indigenous Studies
This journal of the Native American and Indigenous Studies Association publishes interdisciplinary scholarship from within the field of Indigenous Studies.  

Wicazo Sa Review 
Wicazo Sa Review is an interdisciplinary journal devoted to helping Indigenous Peoples of the Americas take possession of their own intellectual and creative pursuits. Each issue contains articles, essays, interviews, reviews, literary criticism, and scholarly research pertinent to Native American Studies and related fields.

The Problem of Indian Administration (Meriam Report) (1928)
The Meriam Report was commissioned by the Institute for Government Research (better known later as the Brookings Institution), and it criticized the Interior Department's implementation of the Dawes Act—an 1887 law that allowed the federal government to break up tribal lands into farming plots to encourage Native American assimilation into U.S. society—and overall conditions on reservations and in Indian boarding schools. 

Indian Education: A National Tragedy—A National Challenge (Kennedy Report) (1969)
The Kennedy Report was written by the Senate Special Subcommittee on Indian Education. It gave an extensive overview of Native American education in the United States and argued that schools had failed to provide adequate education, resulting in poor academic and life outcomes for Native American communities. It also provided recommendations to improve Native American education.

Federal Indian Boarding School Initiative 
Following the discovery of unmarked graves at Indigenous residential boarding schools in Canada, the U.S. Secretary of the Interior issued a memo in 2021 creating the Indian Boarding School Initiative to investigate "the loss of human life and the lasting consequences of residential Indian boarding schools" in America. The Initiative subsequently released a two-volume Investigative Report that can be found on the Bureau of Indian Affairs website.

Resources

American Indian Higher Education Consortium
The American Indian Higher Education Consortium is an organization of thirty-seven Tribal Colleges and Universities (TCUs) in the United States and Canada. Among other things, it provides technical assistance to member institutions and emerging TCUs, conducts research, and advocates for legislation and policy that supports Tribal higher education.  

Center for Indian Education
The Center for Indian Education at ASU engages in a variety of activities—including research, teacher training, community outreach, policy advisement, and leadership development—to promote local and national Indigenous education-justice efforts. Its website contains position papers, speeches, policy analysis, and a link to the Journal of American Indian Education.

Native American Rights Fund (NARF)
The Native American Rights Fund provides legal assistance to Native American tribes, organizations, and individuals and has asserted and defended Indian rights in cases related to education. NARF has participated in important cases, such as Yellow Kidney v. Montana and Stephen C. v. Bureau of Indian Education. It also operates the National Indian Law Library.

National Congress of American Indians (NCAI)
The National Congress of American Indians is a non-profit organization that advocates for Tribal communities and individuals on many topics, including education. Use the website’s search function to find current developments in Indian education. Search through the Asset Bank for historical materials related to boarding schoolseducation, Tribal Colleges and Universities, and much more. 

National Indian Education Association (NIEA)
The National Indian Education Association advocates to improve the education system for Native children. Its website contains many fact sheets and reports that summarize government programs and policies affecting Native Education. It also includes State Profiles that summarize key legal developments in Native Education across several U.S. states. 

U.S. Department of Education

  • Impact Aid Grant System
    • Many U.S. schools are funded in part by local property taxes, but Federal land is exempt from such taxation. Tribal schools located on Federal lands therefore lack a critical funding source. Impact Aid is a Federal grant program, authorized by Title VII of the Elementary and Secondary Education Act of 1965, designed to compensate affected schools for those lost revenues. It also provides funding to schools that have experienced increased expenditures due to enrollment of children living on Indian lands. The Impact Aid Handbook contains useful information about the program. Impact Aid regulations can be found in the Code of Federal Regulations at 34 CFR 222.
  • Office of Indian Education (OIE)
    • The U.S. Office of Indian Education administers the Indian Education Program, which was created by the Elementary and Secondary Education Act. The Office must ensure: (1) that Indian students meet State academic standards; (2) that Indian students gain knowledge of their own languages, cultures, and traditions; and (3) that educators are able to provide culturally appropriate and effective instruction to Indian students. The OIE website includes information about grants and programs that relate to Indian education.
  • Native American Language Resource Center
  • National Advisory Council on Indian Education (NACIE)
    • The National Advisory Council on Indian Education is a fifteen-member body of American Indian and Alaska Native representatives appointed by the President to advise the Education Secretary on issues related to administration and funding of Native education programs. NACIE also submits annual reports to Congress on their activities. On NACIE’s website, you can view its charter, meeting notices and transcripts, and annual reports. You can find NACIE's older reports in the National Indian Law Library.

U.S. Department of the Interior

Administration for Native Americans (ANA)
Located within the U.S. Department of Health and Human Services, ANA “provides discretionary grant funding for community-based projects” in Native American communities. It also provides “training and technical assistance to eligible tribes and native organizations.” Its priorities include Early Childhood Development and the preservation and strengthening of Native languages.  

U.S. Senate Committee on Indian Affairs
The Senate Committee on Indian Affairs “has jurisdiction to study the unique problems of American Indian, Native Hawaiian, and Alaska Native peoples and to propose legislation to alleviate these difficulties.” The Committee is responsible for considering legislation about Indian education. You can use the website’s search function to find Committee reports, Committee hearings, and press releases about Indian education. You can also find information to contact the Committee.

U.S. House Subcommittee on Indian and Insular Affairs
The House Subcommittee on Indian and Insular Affairs oversees all matters regarding Native Americans and Alaska Natives.

Arizona Department of Education, Office of Indian Education (OIE)
Arizona’s OIE administers federal and state programs designed to “meet the educational and cultural needs of Native American students.” It provides technical assistance to schools, conferences and trainings to educators, and parental involvement activities to families. The OIE website also contains information about grants and funding opportunities for Native students and institutions.

Coronavirus Aid, Relief, and Economic Security (CARES) Act
Congress passed the CARES Act in March 2020 to provide fast economic aid to people who were negatively affected by the COVID-19 pandemic. The CARES Act created several temporary programs that directly impacted education funding. Though the CARES Act expired in December 2020, many of its programs were extended by the Consolidated Appropriations Act of 2021, the American Rescue Plan (ARP) Act of 2021, and the Consolidated Appropriations Act of 2023. Below are funds that affected Indian education. 

  • Coronavirus Relief Fund 
    • The Coronavirus Relief Fund (CRF) was created by Division A, Title V, Section 5001 of the CARES Act (located on page 221 of the hyperlinked resource), and it provided $150 billion in direct assistance to various governments, including $8 billion that was explicitly reserved for Tribal governments. Tribes could use the money to cover “necessary expenditures” incurred as a direct result of the COVID-19 public health emergency between March 1, 2020, and December 30, 2020. The Consolidated Appropriations Act of 2021 extended the incurred-expense period to December 31, 2021 (see Division N, Title X, Section 1001, located on page 965 of the hyperlinked resource), and the Consolidated Appropriations Act of 2023 extended the incurred-expense period to December 31, 2022 (see Division LL, section 104, located on page 1647 of the hyperlinked resource). The program has expired, and the application period for obtaining CRF funds is closed.

    • The Treasury Department issued several guidance documents about the Coronavirus Relief Fund and how it could be used. Find them on the Department’s Coronavirus Relief Fund webpage

    • Find information about how CRF funds were spent on the U.S. Government’s Pandemic Oversight website.

  • Higher Education Emergency Relief Fund (HEERF)
    • HEERF I: The Higher Education Emergency Relief Fund was created by Section 18004 of the CARES Act (located on page 287 of the hyperlinked resource). It provided $14 billion in emergency grants to colleges and universities so that they could meet student’s basic needs. Institutions could use the funds “to cover any costs associated with significant changes to the delivery of instruction due to the coronavirus[.]” They could also issue grants to students, who could spend the money on certain costs of attendance, including “food, housing, course materials, technology, health care, and child care.” Some funds were specifically allocated to Tribally Controlled Colleges and Universities (TCCUs) and other Minority Serving Institutions. Find information about TCCU allocations on the HEERF-TCCU webpage.

    • HEERF IIThe Higher Education Emergency Relief Fund II was created by Section 314 of the Continued Assistance Act of 2021 (located on page 752 of the hyperlinked resource). It provided an additional $23 billion in emergency grants to colleges and universities to serve students and ensure that learning continued during the COVID-19 pandemic. Find information about the differences between HEERF I and HEERF II on the Education Department’s HEERF II Fact Sheet. Find information about HEERF II’s impact on TCCUs on the HEERFII-TCCU webpage.

    • HEERF III: The Higher Education Emergency Relief Fund III was created by Section 2003 of the ARP Act of 2021 (located on page 21 of the hyperlinked resource). It provided approximately $40 billion in additional funding to colleges and universities so that they could serve students and ensure that learning continued during the COVID-19 pandemic. Find detailed information about the differences between HEERF III and the previous HEERFs on the HEERF III Frequently Asked Questions guidance document. Find information about HEERF III’s application to TCCUs on the HEERFIII-TCCU webpage. 

Impact Aid Coronavirus Relief Act
Impact Aid is a Federal grant program, authorized by Title VII of the Elementary and Secondary Education Act of 1965, that provides funding to schools that have lost property tax revenue due to the presence of tax-exempt federal property and to schools that have experienced increased expenditures due to enrollment of federally connected children, including children living on Indian lands. The amount of money given to schools is determined by a formula, and disruptions caused by the COVID-19 public health emergency affected that formula for many schools. Congress therefore passed the Impact Aid Coronavirus Relief Act, which allowed schools to use alternative data to calculate their Impact Aid grants for fiscal year 2022. It later passed the Supplemental Impact Aid Flexibility Act so that schools could submit alternative data for fiscal year 2023.