Federal Court Declines to Dismiss Navajo’s Shiprock Schools’ Tribally Controlled Schools Act Suit

Here are the materials in Shiprock Associated Schools Inc. v. United States (D. N.M.):

DCT Order Denying Federal Motion to Dismiss

Federal Motion to Dismiss

Shiprock Opposition

Federal Reply

An excerpt:

Defendants’ disallowance of the School’s administrative cost expenditures was based on an unreasonable and improper interpretation of the TCSA. Count I of the Complaint, which seeks relief from Defendants’ disallowance determination on the basis that it reflects an invalid interpretation of the TCSA, thus states a claim upon which relief can be granted. The remaining Counts of the Complaint, all of which are alleged in the alternative and necessarily depend upon a determination that Defendants’ interpretation of the TCSA was valid, are rendered moot by this Court’s decision.