The Sisseton-Wahpeton Oyate has an inherent right to exercise its responsibility to the Sisseton-Wahpeton people for their formal education by enacting and implementing a tribal education code applicable to all educational institutions within the Lake Traverse Reservation and to all educational programs receiving significant funding for the education of Sisseton-Wahpeton youth.

(b) Recognition of education provider

The Sisseton-Wahpeton Oyate commits to work cooperatively with all education providers on the reservation or serving the Sisseton-Wahpeton youth to assure the achievement of educational goals set by the Sisseton-Wahpeton Oyate.

(c) Tribal laws apply to local educational institutions and other educational institutions to maximum extent

In the operation of educational institutions, the laws and ordinances of the Sisseton-Wahpeton Oyate apply to the maximum extent of the jurisdiction of the Sisseton-Wahpeton Oyate.

(d) Authority of Council to negotiate agreements to implement Tribal Education Code

As provided in Article VII, Section 1(a) of the Revised Constitution and By-Laws of the Sisseton-Wahpeton Oyate, the Sisseton-Wahpeton Oyate is empowered to negotiate with the federal, state, and other tribal governments, or their political subdivisions, any agreements necessary to implement the policies and provisions of this Tribal Education Code.

(e) Other rights and powers not abrogated by authority over formal education

The Sisseton-Wahpeton Oyate specifically claims for its people and relies upon the responsibility of the government of the United States to provide for education based on the Treaty of 1867 and the trust responsibility of the federal government toward Indian Oyates. In exercising the Tribal government’s authority over formal education on the Lake Traverse Reservation, the Tribal government does not sanction or cause any abrogation of the rights of the Oyate or its members based upon federal law or inherent sovereign powers, nor does enacting the Code diminish any trust responsibility of the federal government, including but not limited to the obligation set forth in the Treaty of February 19, 1867, or of the state government or any political subdivision thereof, including but not limited to the obligation to provide a non-discriminatory public education

66-01-03 – Purposes

With the Tribal Education Code, the Sisseton-Wahpeton Oyate intends to:

(a) Preserve, protect, and perpetuate the Oyate

Provide the necessary resources to preserve, protect, and perpetuate the Sisseton-Wahpeton Oyate with its human and land resources;

(b) Promote intra-government understanding and coordination

Provide a means to coordinate branches, agencies, and entities of the Sisseton-Wahpeton Oyate regarding the purposes, standards, and functions of education on the Lake Traverse Reservation;

(c) Provide excellent education and preparation for life

Provide excellent education for the Sisseton-Wahpeton Oyate and provide a means to prepare tribal members for life on and off the reservation;

(d) Assess educational situation and develop education goals

Improve education on the Reservation by assessing the education situation and developing programs and policies tailored to address identified problem areas; and

(e) Adopt laws and policies which enable tribal decision-making, direct funding, block grant funding, set-asides and other improvements

Adopt laws and policies which enable tribal decision-making, direct funding, block grant funding, set-asides and other improvements

66-01-04 – Policies

The Sisseton-Wahpeton Oyate declares as policy that:

(a) Tribal government has responsibility to the people to provide for education to protect the Oyate membership

The tribal members and land base are the most valuable resources of the Sisseton-Wahpeton Oyate. The Sisseton-Wahpeton Oyate, as a sovereign nation, has a responsibility to its people to oversee their education in whatever school or school systems the Sisseton-Wahpeton youth are being educated to assure an excellent education. To preserve, protect, and perpetuate the human resources within and on the native homelands of the Sisseton-Wahpeton Oyate, the Tribal Government must be actively involved with all educational endeavors on the Reservation.

(b) Education must be effective, appropriate for, and relevant to the Reservation

An effective, appropriate, and relevant formal education on the Reservation fosters:

(1) Competence in Dakota language skills and knowledge of Sisseton-Wahpeton Dakota culture, government, economics, and environment;

(2) Knowledge of the history of Sisseton-Wahpeton Dakota Oyate and the role of tribal members in promoting the future of the Oyate;

(3) The development of Sisseton-Wahpeton tribal and United States citizenship;

(4) Parental and community involvement in the formal education process such that formal education includes the educational aspirations and cultural values of the parents and community members;

(5) An attitude toward education which encourages lifetime learning;

(6) Preparation for lifetime responsibilities in the areas of employment, family life, recreation and use of leisure;

(7) Positive Self-discipline and self-concept;

(8) The formulation of age, grade, and/or developmentally appropriate competencies in all basic areas of academic and cognitive skills; and

(9) Competence in English Language skills and knowledge of non-Indian American culture, government, economics, and environment.

(c) Support of local control of educational institutions

The Tribal Government encourages and supports local control of Sisseton-Wahpeton education. The Tribal Government supports administration of a school under the guidance and direction of a school board or a governing body.

(d) Coordination of education efforts to carry out the Education Code

Curriculum, education standards, educational policies and programs, and employment practices regulated under this Tribal Education Code shall be carried out through coordinated efforts between the Education Board of Regents, other Education Board of Regents and agencies, state and tribal educational institutions, and shall incorporate the intents purposes and policies of this Code.

(e) Tribal government shall work with state and federal governments to improve education

The Tribal Government shall develop cooperative working relationships with the state and federal governments to improve the education systems on the Reservation.

(f) Fundamental education goal of the Oyate is self-determination consistent with the Oyate’s heritage

The Sisseton-Wahpeton Oyate is a people with a distinct political, economic, and cultural heritage. The fundamental goal of the Sisseton-Wahpeton Oyate regarding education is self-determination consistent with this heritage.

66-01-04 – Definitions

Unless the Tribal Education Code indicates, the following definitions apply:

Alcohol, nicotine and drugs – “Alcohol, nicotine, and drugs” mean any substance that may alter the sensorium, including alcoholic drinks, nicotine, tobacco and tobacco related products, drugs regulated by or controlled under federal or tribal law. The use of noxious substances – “The use of noxious substances” means the inhalation, consumption or any other means of introducing noxious substances into the human system to produce intoxication, in a manner not intended to be the primary function of that substance. Noxious substances are substances, the use of which may result in temporary or permanent loss or diminution in judgment, perception, or coordination and includes, but is not limited to aerosol products, sterno, rubbing alcohol, shaving lotion, gasolin