美國《印地安自決法》與部落管控學校對臺灣原住民族實驗教育的啟示

The Indian Self-Determination Act and Tribally Controlled Schools in the United States and Implications for Indigenous Experimental Education in Taiwan

政府近年依據《學校型態實驗教育實施條例》，指定公立學校推動原住民族實驗教育，惟僅限於課程改革，未納入社區參與。未來若將部分實驗學校委由《原住民族基本法》所規定的部落公法人接辦，並借鏡美國「部落管控學校」的制度，更能落實自治權。本文探究美國《印地安自決與教育援助法》的歷史背景、該法中自決權與部落管控學校的發展，並對臺灣以部落公法人接辦原住民族實驗學校提出啟示。本文研究發現，美國原住民部落是主權政體，透過條約以土地換取聯邦政府之託管責任，但在長期遭受同化政策壓迫而在1960年代要求自決，促使國會在1975年制定《印地安自決法》，規定聯邦政府依託管責任所提供服務與教育，必須透過簽訂契約而將主控權轉移給部落；然由於聯邦政府持續抗拒轉移權利，國會陸續通過《印地安自決法》第三至六條款與《部落管控學校法》，經20多年努力逐漸落實部落永久自治。本文對臺灣的啟示是，部落公法人的政策應被視為原住民族創立部落管控學校的轉捩點；政府應從原住民族實驗學校的學區擇定可能的部落，依法與地方政府簽約且接辦這些學校，發展基於自治權的原住民族實驗教育。 Under the School-Based Experimental Education Act, the Government has enlisted dozens of schools to conduct projects related to indigenous experimental education since 2016, but community participation has not been integrated into these projects. Taking reference from the tribally controlled schools in the United States, the schools can be overtaken by tribal public juristic persons according to the newly amended Indigenous Peoples' Basic Law. This paper explores the historical background and development of the titles associated with self-determination and tribally controlled schools in the Indigenous Self-Determination and Educational Assistance Act in the United States as well as implications for indigenous experimental education in Taiwan. The findings were as follows. The United States Federal Government signed treaties with Native American tribes, originally sovereign entities, to provide a service of trust in exchange for a large amount of land. Tribe members claimed self-determination in the 1960s after decades of oppression under assimilation policies. Congress again recognized the sovereignty of the tribes and promulgated the Indian Self-Determination Act in 1975, mandating that the Federal Government transfer the control of education and service programs to tribes with contracts. However, because of the continual resistance of the Federal Government to the transfer of power, Congress further promulgated Titles III, IV, V, and VI of the Indian Self-Determination Act and the Tribally-Controlled Schools Act to ensure maximal tribal participation. In terms of implications for Taiwan, the policy of tribal public juristic persons should be viewed as a turning point for indigenous peoples regarding the establishment of tribally controlled schools with the right to self-governance. The government should select potential tribes from the communities served by the schools participating in indigenous experimental education projects and help them to establish contracts with municipal governments to obtain control over the schools. By these means, indigenous experimental education can be developed based on the tribes' right to self-governance.