Overview
Righting Historical Wrongs: Laws Protecting Tribal Sovereignty and Cultural Heritage
Author:
Chris LaMarr (Paiute, Pit River, and Maidu - member of the Susanville Indian Rancheria) Educator and co-founder of WithOut Rezervation Collective
Maggie Peters (Yurok/Karuk) NASMC Learning Specialist Humboldt County Office of Education
Vevila Blossoming Bear, (Choctaw Nation) ICWA Trainer, QEW and lived experience in the foster care system
Grades: 9-12
Suggested Amount of Time: Three 55 minute sessions
Curriculum Themes
- History
- Law/Government
Learning Goals
Understand the historical reasons for the creation of the Indian Child Welfare Act (ICWA) and how it protects Native children, families, and tribal interests.
Recognize the importance of Native American culture and sovereignty in the context of ICWA.
Understand the purpose and ongoing need for the Native American Graves Protection and Repatriation Act (NAGPRA), including the process of repatriating human remains and cultural items to tribes.
Identify who is eligible for repatriation under NAGPRA and what types of remains and cultural items are covered.
Unit Overview
This lesson serves as an introduction to two federal laws, the Indian Child Welfare Act (ICWA) and the Native American Graves Protection and Repatriation Act (NAGPRA), which address critical issues rooted in the historical injustices faced by Native American communities. Students will explore how these laws were created to protect tribal sovereignty and cultural identity to reverse past policies that disrupted Native families and disrespected Indigenous burial sites and sacred objects. The Indian Child Welfare Act was passed in response to the widespread removal of Native children from their homes and placement into non-Native families, which threatened the survival of tribal cultures and communities. NAGPRA acknowledges the deep spiritual and cultural significance of ancestral remains and culturally significant objects, ensuring they are returned to the appropriate tribes with respect and care. Through learning about ICWA and NAGPRA, students will gain insight into the ongoing journey toward justice, reconciliation, and respect for Native peoples’ rights to govern their own families and preserve their heritage. This lesson encourages students to understand how laws can be powerful tools to correct past harms and support tribal self-determination and cultural preservation.
Teacher Background
This lesson covers difficult but essential topics related to Native American history, including the forced removal of Native children from their families and the desecration of Native burial sites. It is vital to recognize that Native American families have their own child-rearing practices that support cultural continuity. However, for over a century, federal policies like forced assimilation, Indian Boarding Schools, and removal of children disrupted these traditions and caused deep harm to Native communities.
The Indian Child Welfare Act (ICWA), passed in 1978, was created to stop the unjust removal of Native children from their families and to protect tribal sovereignty in child welfare decisions. It recognizes the trauma caused by past policies, including forced foster placements and adoption outside of Native communities, which many see as acts of cultural genocide. Similarly, the Native American Graves Protection and Repatriation Act (NAGPRA), passed in 1990, protects Native ancestors and cultural items from desecration, requiring institutions to return them to tribes.
Because this history involves loss, grief, and trauma, such as the pain of children taken from families and the violation of sacred burial sites, teachers should create a safe, supportive classroom space. Some students may have personal or family experiences with foster care or removal, and discussions about graves being disturbed or cultural items taken can be deeply triggering. The following suggestions will support a safe learning environment for all students:
Begin by letting students know the material can be difficult and that it’s okay to feel upset or to pass on sharing personal experiences.
Encourage respect for all perspectives, and emphasize listening without judgment.
Remind students of available school counselors or trusted adults if they need to talk privately.
Avoid language that could re-traumatize, and focus on resilience and healing.
Allow students to process the information in their own time and invite questions respectfully.
Understanding this history helps students appreciate the ongoing importance of laws like ICWA and NAGPRA, which were won through Native peoples’ strength and advocacy in response to generations of injustice. These laws protect Native children and honor Native ancestors, reflecting a commitment to respect, cultural survival, and healing.
Interactive Slides
About the Interactive Slides
A key component of this curriculum includes interactive slides and a lesson script/facilitation support. These materials are designed to support ease of implementation and help guide lesson delivery.
The interactive slides are animated to gradually reveal content and may include links to videos and audio playback buttons for Tribal language integration, songs, or slide facilitation.
In addition to the downloadable lesson and student handouts, this lesson comprised of Three 55 minute sessions, includes interactive slides and lesson script/ facilitation support.
Slides: Righting Historical Wrongs: Laws Protecting Tribal Sovereignty and Cultural Heritage
*To ensure full accessibility, we recommend making a copy of the instructional material(s).
Instructions:
To use the slides effectively:
- Project the slides in "Slideshow Mode" to activate animations. Written content will appear with each click.
- Set speaker volume before beginning the lesson to ensure all students can hear audio content.
- Play audio by clicking the audio playback icons one at a time. There may be a brief pause while the audio loads.
- Hovering over an audio playback icon will reveal a playback bar that allows you to play, pause, adjust speed, or fast-forward the audio.
- Note: You do not need to use the playback bar unless you wish to adjust playback. Simply clicking the icon will play the audio.