The American Civil Liberties Union (ACLU) of North Dakota has initiated a survey aimed at understanding and enhancing the First Amendment rights of Indigenous students in the state. This effort focuses particularly on the students’ knowledge regarding their rights to wear tribal regalia and express their cultural identities in educational settings.
Understanding Indigenous Rights in North Dakota
According to Cody Schuler, advocacy manager for the North Dakota ACLU, the state provides legal protections beyond the First Amendment for tribal regalia, positioning it among 14 states with similar laws. Nonetheless, Schuler notes that he continues to receive annual inquiries from Indigenous students about their rights concerning tribal regalia in public schools.
Many of these inquiries are resolved swiftly, yet they underscore a significant gap in education regarding Indigenous rights. “We’re always looking for ways to better understand how people understand their rights. It is a constitutional right for them as United States citizens, especially the people who were here before our constitution existed, to honor and revere those cultures,” Schuler stated. He emphasized the importance of allowing these individuals to express their identities.
The conversation around tribal regalia gained attention in Grand Forks last spring when parents reported that local school officials informed Indigenous students they could not wear traditional beadwork on their graduation caps. Following this incident, district leaders announced plans to introduce stoles for American Indian students starting this year, reflecting a shift towards greater inclusivity.
A Comprehensive Survey for Insight
The ACLU’s survey, which comprises 18 questions, is being distributed to Indigenous students throughout North Dakota via teachers, social media, and word of mouth. This initiative serves as a “temperature check” to assess how well students understand their rights related to wearing tribal regalia during school ceremonies.
The survey queries students about their experiences with tribal regalia, including whether they feel it is treated differently from other cultural expressions, who decides on its acceptance in schools, and how restrictions on cultural expression affect them personally. Moreover, it seeks suggestions for improving the protection of students’ rights.
Schuler remarked on the necessity of fostering an environment where Indigenous students can express their cultural identity during school events. He pointed out that Indigenous culture is a fundamental aspect of North Dakota’s identity, stating, “I think that it’s so important for our Indigenous people to be able to share their culture and to express their culture and their religion. This is North Dakota. The very name of our state is taken from Indigenous language.”
The ACLU is committed to defending First Amendment rights and combating censorship. The survey, titled Tribal Regalia and First Amendment Rights in North Dakota, is intended as an informal and non-scientific study to gather insights that may inform future educational or policy initiatives. Schuler noted, “It will give us a little bit of a pulse on what’s happening around the state.”
