6 Boarding School Laws Still on the Books
McCoy called the law offensive, and said, “The federal Indian schools were already bad enough—why would the government want one that was even more penal/correctional? Also, the express provision that parental consent is NOT required to send Indian kids to reform school would—at least today—be subject to some basic due process rights (like notice and a hearing) under the U.S. Constitution.”
Bordeaux said, “This is a concept discussed as recently as 1976. Repeal.”25 USC § 283,Regulations for withholding rations for nonattendance at schools—Enacted March 3, 1893
The Secretary of the Interior is authorized to make and enforce such rules and regulations as may be necessary to secure the enrollment and regular attendance of eligible Indian children who are wards of the Government in schools maintained for their benefit by the United States or in public schools.
According to McCoy, this law reflects the height of federal policy to assimilate or eradicate Indians. “I find it undoubtedly offensive, albeit couched in terms of it being in the ‘best interests of the Indians’ for their children to be in schools that have been overwhelmingly imposed upon them by a foreign government that invaded their lands, conquered them, and still seeks to kill or assimilate them,” she said.
Bordeaux feels, “This should be repealed.”
25 USC § 280,Patents of lands to missionary boards of religious organizations—Enacted September 21, 1922
The Secretary of the Interior is authorized and directed to issue a patent to . . . any religious organization engaged in mission or school work on any Indian reservation” or lands considered Indian lands before September 21, 1922.
Approximately 150,000 Indian children were placed in religious mission boarding schools. Lawsuits against the Catholic church have been filed by survivors of the schools, who suffered mental, physical and sexual abuse. Children as young as 5 years old were removed from their families and sent across the country, often not seeing their family again for several years. (Free Thought Manifesto)
McCoy said this law was part of the “prevailing federal policy of assimilation; with the means of accomplishing assimilation including the break-up of remaining tribal communal land bases into lands owned privately by Indians and non-Indians, and Christianizing/educating Indians.
“This law has been cited by Indian advocates as being part of the historical federal policy of assimilating Indians and suppressing tribal religions,” McCoy added.
25 USC § 282,Regulations by Secretary of the Interior to secure attendance at school—Enacted February 14, 1920
The Secretary of the Interior is authorized to make and enforce such rules and regulations as may be necessary to secure the enrollment and regular attendance of eligible Indian children who are wards of the Government in schools maintained for their benefit by the United States or in public schools.
“To this day, this is the law by which the Bureau of Indian Education issues rules and regulations governing compulsory school attendance in BIE funded elementary and secondary schools,” McCoy said.
