Trump administration ends civil rights agreement for Native students in South Dakota

Yahoo

05-04-2025

Stewart HuntingtonICT
The U.S. Department of Education has canceled a civil rights agreement with the Rapid City, South Dakota, school district that was designed to resolve disparities in the treatment of Native students.
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The department notified the school district in a letter dated March 27 that it 'hereby terminates the Resolution Agreement' the school district signed last year with the department's Office of Civil Rights.
The voluntary agreement had been signed after a years-long federal probe of Rapid City Public Schools over unequal treatment of Native students in how they were disciplined and over a lack of access to advanced learning opportunities.The move by the Trump administration drew outrage from Nick Tilsen, founder and chief executive of NDN Collective, a nationwide advocacy group based in Rapid City that has been deeply involved with local equity issues.
'This decision to roll back a previous mandate to ensure the district complies with the implementation of the 1964 Civil Rights Act when it comes to the treatment of Native students is flat out racist, unjust, discriminatory and deprioritizes Native children in this community,' Tilsen told ICT.
'In this moment, we need leaders who will stand up for all the children in this community,' Tilsen said. 'This type of courage needs to be founded in justice, love and accountability. We must dig deep as a community and decide that racism has no place in our future.'
Community leaders vowed they won't abandon efforts to improve the learning environment for Native students.
'I'm hoping (the district) will continue working to develop strategies to help our children,' said Amy Sazue, a parent who was named to the Stakeholder's Equity Group that was formed to implement the resolution agreement. 'They don't need a federal mandate to do that.'
Scathing report
The education department released a report last spring that raised 'concerns regarding the district's compliance with its nondiscrimination obligations' under Title VI of the landmark Civil Rights Act of 1964.
In response, on May 29, 2024, the district voluntarily granted open-ended federal oversight of the district as it implemented a 23-page plan to ensure that its policies, procedures, and practices do not discriminate against students on the basis of race, color, or national origin.The federal mandate for the district to comply with that agreement has now ended, apparently as it falls afoul of new guidelines issued by the Trump administration banning diversity efforts throughout the federal government.
The education department 'has determined many of the terms and conditions of the Resolution Agreement conflict with the nondiscrimination requirements of Title VI, including the Diversity, Equity, and Inclusion requirements that form the foundation of the Resolution Agreement,' the department wrote to the school district's Acting Superintendent Cory Strasser.
The stark portrait of the school district painted by federal officials in the 2024 report affirmed what many local leaders already knew.
'We've known this for quite a long time here in our community,' Valeriah Big Eagle, who previously served as co-chair of the Rapid City Area Schools Indigenous Education Task Force, said at the time.
Civil rights investigation
The federal investigation was launched following a 2010 complaint filed by parents and community members with the Office of Civil Rights alleging Native students in Rapid City public schools were disciplined at higher rates than their peers and that Indigenous students encountered fewer advanced learning opportunities, such as enrollment in high school Advanced Placement classes.
The resulting agreement, signed by then schools Superintendent Nicole Swigart, did not constitute an admission of noncompliance with federal civil rights laws by the district but spelled out steps it must take. The district agreed to:
*Examine the root causes of racial disparities in the district's discipline and advanced learning programs and implement corresponding corrective action plans.
*Employ a discipline equity supervisor to help the district implement corrective action.
*Employ an advanced learning coordinator to address the underrepresentation of Native students in advanced learning programs.
*Provide training to staff on the revised policies and practices.
Last spring, the Resolution Agreement was accompanied by a letter to the district that included an account of interviews in 2023 with school district officials – including superintendent Swigart – about truancy rates that were higher for Native students compared to white students.
Some of the statements made by Swigert ultimately resulted in her getting fired.
'The Superintendent reported that certain Native American tribes, such as the Lakota, Dakota, and Nakota Tribes, do not commonly value education and inform their students that they do not need to graduate,' the federal investigators wrote.
'Additionally,' they wrote, 'she said that the district struggles with what she termed 'Indian Time.' The superintendent explained her meaning by stating that 'Native Americans view time differently' than other community members so that for instance, 'arriving two hours late' is common and results in being marked absent.''Swigert was placed on administrative leave in July and fired in August.
To oversee the resolution agreement's implementation, the district empanelled the Stakeholder Equity Committee, which includes members of the Indigenous Education Task Force. The new body was supposed to meet last fall but did not convene until February.
Its fate is now up in the air following the federal withdrawal from the process.
Looking ahead
The school district said on Thursday that it has invested substantial resources in complying with the terms of the resolution agreement and will continue its efforts to support all students, ensuring that discipline policies remain fair, truancy interventions are effective, and advanced learning opportunities are accessible to students.
'While political priorities may shift, our core educational values remain steadfast. Our mission remains to provide a safe, positive, and nondiscriminatory learning environment where all students can achieve their full potential,' said Strasser, the acting superintendent.
'As the district adjusts to the latest directive from the [education department] we ask for patience and collaboration as we navigate the next steps," Strasser said. "Our work will continue to focus on the foundational pillars of our Strategic Plan — Students, Community, Communication, Facilities, and Staff — ensuring that all stakeholders remain informed, engaged, and supported throughout this transition.'
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