Lawmakers, Virginia Native Tribes Pitch Education, Sovereignty Reforms to Address Historic Injustices

The Virginia legislature plans to address the impact of a racist 1920s policy that for decades prohibited Native American children from pursuing education beyond seventh or eighth grade.

The Racial Integrity Act, which was overturned in 1967, forced many to leave the commonwealth for states like Kansas, North Carolina, Oklahoma, and Pennsylvania.

Students in class learning how to prepare sulphuric acid at Hampton Institute, Hampton, Virginia — a historic moment of hands-on scientific education. (Courtesy Photo of the Library of Virginia)

Now lawmakers are considering a proposal to offer in-state tuition to non-Virginia students who are part of a federally recognized Virginia Native American tribe. The measure could encourage affected tribe members to return, and is one of several aimed at refining the government-to-government relationship Virginia maintains through a treaty with the federally recognized tribal nations in the commonwealth.

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Virginia recognizes 11 tribes in total, and seven of those are federally recognized, according to the office of the Secretary of the Commonwealth.

Morgan Faulkner, a citizen of the Upper Mattaponi Indian Tribe, said her tribe’s well-being and educational opportunities were directly impacted by the Racial Integrity Act of 1924, which classified Virginians as either “white,” “colored,” or “mixed.” Native Americans were considered “colored,” along with Black people, effectively erasing Indigenous identity.

The law also denied tribes legal recognition, outlawed interracial marriage, and relegated Native children to underfunded schools with limited resources.

The law was part of a larger system that kept Virginia Native children in separate, substandard schools, which usually offered education only through seventh or eighth grade. Because public high schools were closed to them, many children had to leave the state for out-of-state or boarding schools.

As a result of the Act, records provided to lawmakers indicate a significant number of Native American Indians who left the commonwealth. Some records indicated that 45% of the Upper Mattaponi Indian Tribe’s 685 enrolled citizens live outside Virginia, primarily in Philadelphia and Florida.

Faulkner said the new bills could repair some of these past harms and, by making higher education accessible, help tribes reestablish their communities.

“Virginia, in my opinion, has the best schools in the nation, and this (bill) really helps to rebuild our tribal communities by getting our young people to hopefully come back and stay here in the commonwealth,” said Faulkner.

What the bills would do and how they were developed

Del. Shelly Simonds, D-Newport News, and Sen. Richard Stuart, R-King George, are carrying proposals that would make any non-Virginia student who is a member or citizen of a federally recognized tribe and enrolled in an undergraduate degree program eligible for in-state tuition.

Additionally, the proposal allows the governing board of any public institution of higher education to charge in-state tuition to such students enrolled in a graduate or professional degree program.

Virginia’s in-state tuition policy requires individuals to prove they live in the commonwealth and plan to stay indefinitely to establish domicile. After this, they must continue living in Virginia for at least one year before the first day of classes.

Lawmakers worked with the Virginia Commission on Updating Virginia Law to Reflect Federal Recognition of Virginia Tribes and the University of Virginia’s State and Local Government Policy Clinic, which provides non-partisan legal and policy research support to state and local government officials in Virginia.

The clinic has assisted legislators from both parties in securing the passage of more than 25 laws.

Jackson Martingayle, a student enrolled in the clinic, helped write the tuition proposal, which is similar to successful efforts in other states, including Colorado, Hawaii, Oregon and Washington.

Students in class learning how to prepare sulphuric acid at Hampton Institute, Hampton, Virginia — a historic moment of hands-on scientific education. (Courtesy Photo of the Library of Virginia)

An average of 21 Native American students per year is expected to enroll at Virginia’s colleges and universities over the next four years, Martingayle said, based on survey results from five of the seven federally recognized tribes.

“It feels great we have so many phenomenal universities in the commonwealth and to make it easier for more students — especially those who have roots in the commonwealth and whose families have been effectively displaced from the state in the past — to come back to this place where they do have roots at a much more affordable price, is truly amazing,” Martingayle said.

“It’s been a huge honor for us to be able to serve the commission as a whole, and tribal leaders in particular, and help them develop and advocate for long overdue changes to Virginia law,” said Andrew Block, the Clinic’s director. “We’ve learned so much along the way that’s been really valuable.”

Emily Becker and Andrew Lee, students who also assisted the commission, explained that over the past few months, they presented their findings to lawmakers and then spoke with representatives from the tribes, describing both experiences as a huge honor.

“I think that was a pretty momentous moment for us,” Becker said. “It felt really special to be able to stand up there and articulate some of these goals and describe the work that we had done to the commission.”

The process was also a learning experience for seasoned lawmakers.

“We can learn a lot from (Virginia’s tribes) and the fact that they’ve been able to survive all these generations, even though we have Walter Plecker, who was a white supremacist and tried to erase them and erase Black people, we’re learning from everybody,” said Del. Paul Krizek, D-Fairfax, who served as the commission chair. “That’s why education is so critical.”

Bills to expand tribal sovereignty up for debate

Multiple House and Senate lawmakers are proposing amendments that prioritize formal recognition and mandatory consultation with American Indian tribes on infrastructure, land use, and historic preservation decisions.

Krizek and Senate Minority Leader Ryan McDougle, R-Hanover, are carrying House Bill 368 and Senate Bill 356. These bills update state laws to include standard definitions for who is considered an “American Indian” or a member of a “federally recognized tribe.” They also specify that Virginia recognizes the inherent sovereignty, or the right to self-govern, of these tribes, which has been a persistent challenge, according to some Native Americans in Virginia.

“Getting the legislators and the government of the commonwealth to understand that sovereignty isn’t something that they give or take away … is a hard concept for somebody to understand as an intangible,” said Thomas Badamo, a citizen of the Nansemond Indian Tribe.

Krizek and McDougle are also sponsoring House Bill 367 and Senate Bill 353, which would require state agencies to engage in “meaningful and timely consultation” with tribes before issuing permits for major projects, such as highway construction or large water use. The bills also create a new Ombudsman for Tribal Consultation to help tribes and the state communicate effectively.

Reggie Stewart, chair of the Virginia Tribal Education Consortium, standing in line to speak to lawmakers on Jan. 20, 2026, in Richmond. (Nathaniel Cline/Virginia Mercury)

Sen. Dave Marsden, D-Fairfax, and Krizek are carrying a proposal to create a Tribal Medicaid Advisory Group. This group will allow tribal and state health officials to collaborate on policies and insurance plans like Medicaid that affect tribal communities.

Del. Marcus Simon, D-Fairfax, and Stuart filed proposals to update the Virginia Conservation Easement Act. The updates would allow federally recognized tribes to be “holders” of conservation easements who can acquire, protect, and manage land to preserve its natural beauty or historical importance.

Del. Ellen McLaughlin, R-Rockbridge, and Marsden are proposing that the Department of Emergency Management coordinate with tribes during disaster planning. Tribes would then be included in statewide safety assessments and search-and-rescue planning.

All of these efforts could heighten the visibility of Virginia tribes’ cultures and identities, which Virginia’s first Ombudsman for Tribal Consultation, Kara Canaday, said is a challenge.

“A lot of people do not realize tribes are still here in Virginia,” Canaday said. She connects Virginia tribes to state agencies.

Virginia’s Native tribes are “working very diligently for that visibility,” Canaday said. “It’s been a lot of hiding for a lot of years, and now we are reawakening our languages and shamelessly wearing culturally identifying clothing. I will often wear ribbon skirts to work or to events that we have here at the Capitol, which lets people know we are still here. It’s something that we take pride in because that’s who we are.”

The deadline for bills to clear each chamber is Feb. 17. If successful, the proposals move to the other chamber for consideration. Gov. Abigail Spanberger would then be responsible for signing any proposals.

Indigenous history teaching materials bill pitched

Del. Jessica Anderson, D-Williamsburg, is carrying House Bill 288. This bill would require Virginia’s Department of Education to clearly post links on its website to teaching materials about Virginia’s Indigenous peoples.

Under the proposal, a tribal education group would provide the teaching materials. This ensures teachers, students, and the public can easily find accurate resources about Native tribes in the state.

Reggie Stewart, chair of the Virginia Tribal Education Consortium, which works with VDOE, said that because Virginia’s instructional materials lack adequate coverage of Virginia Native history, it is important for Virginia tribes to tell their own story and ensure its accuracy.

“We’re the ones who made contact with the settlers in 1607, and so we know our own history, and so we should be considered a credible source for that information,” Stewart said. “We would hope that the Virginia Department of Education would look at it from that perspective as well and look to partner with us more in the future.”

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