The Tangled Roots of Act 31: American Indians and Curriculum Policy in Wisconsin

This study examines the origins of statutory provisions requiring instruction in the history, culture, and tribal sovereignty of the federally recognized tribes in Wisconsin enacted through 1989 Act 31. This development in curriculum policy is a direct consequence of the sociopolitical crises in the wake of 1983's Voigt Decision, in which the Seventh Circuit Court of Appeals affirmed the Lake Superior Band of Chippewa's reserved rights to hunt, fish, and gather within territory ceded in treaties signed with the United States in 1837 and 1842. The violent controversy over treaty rights was itself a product of past curriculum policy decisions that effectively denied generations of students in Wisconsin's public schools an opportunity to learn about the legal and historical basis for the unique relationship between tribal governments and the federal government of the United States. Despite new developments in social studies curriculum policy in response to major events of the twentieth century, the field responded to sociopolitical crises, yet did not recognize Native issues within the domain of official knowledge. Act 31 is also an example of how American Indians seeking curriculum policy reforms to ensure accurate historical representation and greater public awareness worked through educational policy system to pursue positive change. This study serves to inform the efforts of contemporary reformers as a reminder of past successes and the broad principles that informed them, as well as a guide for future policy makers seeking to improve upon Act 31.