Title
A RESOLUTION TO THE OKLAHOMA SECONDARY SCHOOL ACTIVITIES ASSOCIATION REQUESTING A HARDSHIP WAIVER/EXCEPTION FOR ALL STUDENTS OF SEQUOYAH HIGH SCHOOL
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WHEREAS, the Cherokee Nation since time immemorial has exercised the sovereign rights of self-government in behalf of the Cherokee people; and
WHEREAS, the Cherokee Nation is a federally recognized Indian Nation with a historic and continual government to government relationship with the United States of America; and
WHEREAS, the Cherokee Nation established the Sequoyah Schools in 1871 when the Cherokee National Council passed an act setting up a school to care for the many orphans from the Civil war, and continues its operation today as Sequoyah High School in order to preserve the inherent sovereign rights of the Cherokee people, to preserve indigenous cultures within the United States of America, and enlighten the general public toward a better understanding of Indian people; and
WHEREAS, the Cherokee Nation has determined that in order to preserve the best interests and protect the students of Sequoyah High School, that a hardship waiver or other exception for all students of Sequoyah High School to allow for immediate participation in OSSAA regulated school activities should be requested and the Council of the Cherokee Nation hereby establishes and submits the following resolution to accomplish that task; and
WHEREAS, the Oklahoma Secondary School Activities Association (OSSAA), pursuant to the 2020-21 Rules and Regulations, sets forth student eligibility criteria for extra-curricular activities, including athletics and other school activities; and
WHEREAS, the OSSAA’s mission is rooted in equitable participation and working collaboratively with schools to enhance education with a purpose that includes the promotion of education and cultural values; and
WHEREAS, the COVID-19 pandemic has resulted in the 2020-21 academic year being extraordinary, especially in Indigenous communities where loss of lives has also meant irreversible loss of language and culture. The United Nations has urged member communities, including the United States, to include the specific needs and priorities of Indigenous peoples in addressing the global pandemic; and
WHEREAS, the Cherokee Nation has taken extraordinary steps to control the spread of COVID-19, in large part, to protect Cherokee language speakers and elders that carry cultural knowledge, which included taking more conservative approaches to social distancing protocols than other jurisdictions, and relying on more online platforms and cancellation of events, including athletics and other school activities; and
WHEREAS, the Cherokee Nation has been dealing with the crisis of the potential disappearance of the Cherokee language based on less than 2000 Cherokee speakers left, resulting in extraordinary measures becoming no longer optional. Based on these dire circumstances, the Cherokee Nation’s necessary public health decisions started at the earliest days of the COVID-19 pandemic and have continued to manifest in recent decisions governing vaccine distribution; and
WHEREAS, a difficult consequence of Cherokee Nation’s conservative approaches that took into consideration child-care needs, diverse learning environments, and the access to extra-curricular opportunities, some parents and students chose to enroll in local state schools rather than continue the academic year online at Cherokee Nation schools. As the pandemic turns a corner, and Cherokee Nation schools eventually will return to regular schedules, and then the parents/students will be faced with yet another difficult situation; and
WHEREAS, the students that choose to return to Sequoyah High School could be subject to delayed eligibility in OSSAA regulated school activities or rulings of ineligibility, depending on the individualized circumstance of each student; and
WHEREAS, the OSSAA Rule 8 governs athletic eligibility, with potential negative eligibility consequences for changing schools, unless the student is granted an exception due to hardship or other qualifying circumstance pursuant to Rule 8, Section 10; and
WHEREAS, Rule 8, Section 10, provides that the OSSAA has the authority to grant an exception when the rule creates an undue hardship on the student or, the application of rule would otherwise fail to accomplish the purpose for which the rule was intended; and
WHEREAS, the COVID-19 pandemic presented incredibly difficult choices and responses for everyone and now the aftermath of the pandemic presents further difficulties for the students returning to Cherokee Nation schools. If these students are not afforded an exception allowing them to immediately participate in OSSAA regulated school activities, many of them may forego a face-to-face educational environment where they have the benefit of instruction in Indigenous language, culture and access to more Native American faculty, staff and coaches than can be afforded to them in the state school districts; and
WHEREAS, the Cherokee Nation requests the OSSAA grant a hardship waiver or other exception to all students of Sequoyah High School and all Cherokee Nation schools based the facts presented above and the extraordinary circumstances created by the COVID-19 pandemic to allow for immediate eligibility in all OSSAA regulated school activities.
BE IT RESOLVED BY THE CHEROKEE NATION, that the Tribal Council hereby requests the OSSAA grant a hardship waiver or other exception to all students of Sequoyah High School and all Cherokee Nation schools based the facts presented above and the extraordinary circumstances created by the COVID-19 pandemic to allow for immediate eligibility in all OSSAA regulated school activities.