New York (State). Education Dept. Native American Education Unit.

The Native American Education Unit serves as the department's representative on Indian education and culture at the state, regional, and national levels. Major tasks of the unit include: the approval and monitoring of education programs; the provision of technical assistance and consultation to a variety of federal, state and local agencies; and the administration of a financial aid program for post-secondary education for Indian students.

From the New York State Archives, Cultural Education Center, Albany, NY. Agency record NYSV2065780-a

The Johnson-O'Malley Act (J.O.M.) of 1934 allowed the federal government to contract with the states to provide educational, social, agricultural and medical assistance to Native American populations. Although the act only specifically excluded the state of Oklahoma, Department of the Interior rulings (see below) had determined that the Native American population in New York State was ineligible for services from the Bureau of Indian Affairs (BIA). Thus, applications by New York State for J.O.M. funding were denied prior to amendment of the act in 1972.

Amendments to the Johnson-O'Malley Act in 1972 and passage of The Indian Self-Determination and Education Act of 1975 (as amended, Public Law 93-638) meant that not only was the state able to receive federal funding, but also the Native American communities could enter into contract agreements directly with the BIA.

In response (in part) to correspondence from the New York State Assembly (Box 4, Folder 1), the Bureau of Indian Affairs (BIA) investigated the long-standing policy where-by NYS Indians were considered ineligible for federal programs because they lived on reservations created by New York State and not the US government. A 1965 memo from H.E. Hyden, Associate Solicitor, Indian Affairs to the Commissioner of Indian Affairs confirms that, although New York State was given unique jurisdictions over native populations within its borders, "it does not follow that the United States has abdicated, given up, or terminated its trusteeship responsibilities." A February 23, 1972 letter from James E. Hawkins, Director of Education Programs, Bureau of Indian Affairs (Box 4, Folder 1) to Dr. Ewald B. Nyquist, NYS Commissioner of Education, officially informs him that a "re-evaluation" has determined that "New York State Indians are now eligible for Higher Education Assistance grants and Johnson-O'Malley Act funding."

Until 1977, the New York State Education Department contracted with off-reservation school systems for the education of Indian children within New York State. The Native American Education Unit ceased administration of the program in 1977 when the Federal Bureau of Indian Affairs began dealing directly with the tribal nations.

Catalog agency records NYSV2065780-a for the Native American Unit and NYSV86-a565 for the Education Dept. describes history and functions resulting in creation of the record series.

From the guide to the Johnson-O'Malley Act project files, 1971-1982, (New York State Archives)