What steps must schools take to meet the needs of students who are impacted by trauma? How does consideration of historic U.S. policies that removed Native children from their families and communities by forcing children to attend boarding schools inform this question? Should educational policy take into account historical trauma and high rates of adverse childhood events for Natives students? This presentation will summarize the Stephen C. v. the Bureau of Indian Education lawsuit that was filed in 2017 on behalf of nine Havasupai children, ages six through 15, as well as the Native American Disability Law Center, against the Bureau of Indian Education (BIE), the federal agency responsible for delivering education to Native American students who attend BIE operated schools. The Stephen C. lawsuit, which has now been settled, describes how Havasupai children, including those with disabilities, had been denied the educational opportunities to which they are entitled. In particular, this presentation will highlight important medical science regarding the impact of unaddressed cumulative exposure to trauma on students’ ability to learn and how this informed the approach taken. In addition, the presentation will provide an overview of an innovative legal theory with the potential to compel schools and districts to meaningfully address the consequences complex trauma and thereby provide more equitable educational opportunities for students.

Tara Ford, Senior Counsel at Public Counsel’s Opportunity Under Law, has focused her career on working with children and their families to safeguard their rights to education, special education, health care, and mental health care. She has long worked to protect the rights of children and families when they are involved in the dependency system, with the goal of keeping families together. She has also partnered with Native American children, families, and tribes – litigating cases focused on education, ICWA, and voting rights. Tara was the Co-Founder of Pegasus Legal Services for Children, a non-profit law firm serving children and their families in New Mexico. In 2016, Tara authored “Pegasus Legal Services for Children: Taking Stock of a Rebellious Non-Profit Practice in New Mexico,” published by the Clinical Law Review. She is a child welfare law specialist in New Mexico certified by the National Counsel for Children.