Written Agreements between Tribes
and School Districts or State Education Agencies (SEAs)
This toolkit-in-progress consists of
- examples of memoranda of understanding , data sharing agreements, and parent or guardian consent forms,
- information on requirements for access to individual student data under the Family Education Rights and Privacy Act (FERPA),
- prior publications on related topics,
- Tribal consultation guidance, and
- data-related resolutions of the National Indian Education Association and National Congress of American Indians.
Examples of memoranda of understanding (MOUs)
- Jamestown S'Klallam Tribe and Port Townsend School District (2022)
- Puyallup Tribe of Indians and Regional School Districts (2025)
- Wisconsin Department of Public Instruction and Wisconsin Tribes and Bands (2018)
- Mashpee Wampanoag Tribe Education Agency, Mashpee Public School District, and Massachusetts Department of Elementary and Secondary Education (2020)
- Ho-Chunk Nation Department of Education and the School District of Black River Falls (2025)
- Confederated Tribes of Grande Ronde and Willamina School District 30J (2023)
Examples of data sharing agreements (DSAs)
Chehalis Tribe and Rochester Unified School District (2021)
Oregon Department of Education and Individual Tribes (2012)
This template ensured confidentiality and respect for Tribal data sovereignty when 7 of the 9 Oregon Tribes shared student citizen data with the Oregon Department of Education for the purposes of generating the Condition of Education for Members of Oregon's Indian Tribes report.
Examples of other written agreements
This contract outlines the scope of educational resources and supports the MCN has committed to provide in Oklahoma public school districts and agrees to share student data for the performance of the agreement.
Parent or Guardian Consent Forms for Release of Student Information
Pokagon Band of Potawatomi (2024-2025)
This is an example of a FERPA-compliant consent for release. Consent forms must "be signed and dated, specify the records that may be disclosed, state the purpose of the disclosure, and identify the party or class of parties to whom the disclosure may be made." (34 CFR § 99.30)
Family Education Rights and Privacy Act (FERPA) guidance and related documents
Tribal Access to Student Data under the Family Education Rights and Privacy Act (Indigenous Education State Leaders Network and American Institutes for Research, 2025)
A primer on the ways Tribes can access student data under FERPA, with examples of data sharing agreements and templates.
Privacy Technical Assistance Center. (2015). The Family Education Rights and Privacy Act: Guidance for reasonable methods and written agreements. [PTAC-FAQ-5].
A checklist and suggested practices for FERPA-compliant written agreements from the federal Student Privacy Protection Office.
Data Quality Campaign. (2017). Understanding minimum n-size and student data privacy: A guide for advocates.
A simple explanation of what data can and cannot be reported publicly under FERPA.
Other related publications
Developing Written Agreements between Local Education Agencies and American Indian Nations and Communities: A Wisconsin Perspective. (Wisconsin Department of Public Instruction, 2017)
This document provides an analysis of several MOUs between districts and Tribes in Wisconsin as well as some guidance on MOU development. Some MOUs are appended in full.
Profiles of partnerships between Tribal Education Departments and Local Education Agencies. (REL Central, 2012)
This document looks at working relationships between nine TEDs and districts in the Great Plains region. Written agreements were used in seven of the cases to support relationships and data sharing.
Tribalizing Indian Education: Cooperative Agreements in Indian Education (Native American Rights Foundation, 1998).
The earliest collection of written agreements between TEDs and districts or SEAs, gathered as part of NARF's seminal Tribalizing Indian Education series.
Tribal consultation information and guidance
Is Your District Required to Engage in Tribal Consultation Under the Every Student Succeeds Act? A Decision Flowchart. (Indigenous Education State Leaders Network and American Institutes for Research, 2025)
National Indian Education Association Tribal consultation guidance (NIEA, 2016)
Department of Diné Education Tribal Consultation Guide under the Every Student Succeeds Act (2018)
Michigan Indigenous Education Initiative Tribal Consultation Guidebook (2025)
Washington Tribes ESSA Toolkit (Region 16 Comprehensive Center, 2024)
National Indian Education Association, National Congress of American Indians, and other resolutions
- In support of Tribal–state data sharing partnerships and cooperative agreements [NCAI Resolution ABQ-19-019, NIEA 2019-2)]. (NCAI and NIEA, 2019)
- A Resolution in Support of Treating Tribes as Equals of Federal, State, and Local Governments in Terms of Obtaining Public School Student Records. (NIEA, 1998).
- In support of legal, political, and fiscal equity for Tribal governments in the access to and systems management of student records and information kept by state public schools [NCAI ResolutionFTL-04-005]. (NCAI, 2005)
- In Support ofAmending FERPA to Include Treating Tribal Education Officials as Equals With Federal, State, and Local Education Officials in Terms of Access to Public School Student Records. (NIEA, 2007).
- Exempt Tribes from FERPA’s advance consent requirement and thereby provide access to Tribal student records [NCAIResolution SD-15-002]. (NCAI, 2015).
In progress:
Examples of Tribal Legislation, Policies, and Procedures
