9/24/2018 EDUCATION JURISDICTION: AN OVERVIEW SEPTEMBER 2018 FIRST NATIONS EDUCATION STEERING COMMITTEE Overview 1. Context – BC First Nation Education System 2. Education Jurisdiction – what is it? 3. Where are we now? 4. Steps to becoming a Participating First Nation 5. Education Jurisdiction Resources, including glossary of key terms 2 1
9/24/2018 BC First Nations Education System For over 20 years, First Nations in BC have worked collectively to build a comprehensive and responsive BC First Nations Education System. The BC First Nations Education System is unique within Canada: 1. We have an existing regional model, endorsed by BC chiefs and recognized in existing agreements with BC and Canada. 2. We have a wide range of second level services for schools and communities and dedicated funding to support them. 3. BC First Nations’ jurisdiction over education has been recognized in jurisdiction agreements and legislation (but is not yet fully implemented). 4. We have a Tripartite Education Framework Agreement with Canada and BC (that is currently being renegotiated). The system reaches out to support First Nations students in First Nations schools and in public schools. 3 BC First Nations Education System The BC First Nations Education System is focused on supporting First Nations in achieving their goals of economic viability and sustainability through a learning system that includes: • high expectations, • sound, holistic and inclusive curriculum, • well-trained educators, • focused leadership, • parental involvement, • accountability, and • safe, healthy, and adequate facilities. 4 2
9/24/2018 Current Framework – First Nation Schools There is currently a legislation and policy gap: • First Nations education currently subject to national policy being imposed by the federal government. • First Nations education system is vulnerable to political changes. • There is no recognized legislation that provides a foundation for First Nation Schools. Implementing education jurisdiction is an important step towards filling that gap. 5 Education Jurisdiction – What is it? Rationale for Education Jurisdiction Key milestones Key documents Key players 6 3
9/24/2018 Rationale for Education Jurisdiction First Nations’ jurisdiction over First Nations education • Will make “First Nations control over First Nations education” a reality A First Nation with jurisdiction will be able to • Make decisions in the best interests of their learners (rather than having those decisions made by others) • Pass an education law that establishes its own school system, teacher certification, school certification, curriculum and exam standards 7 Rationale for Education Jurisdiction Education jurisdiction will • Support First Nations schools in achieving increased educational success for their learners by setting higher standards of education, creating a better learning environment • Allow First Nations to establish a community-tailored education system that • meets the specific needs of First Nations learners • is appropriate, compatible with, and relevant to the lives of First Nations students • ssupports cultural integrity, protects First Nations’ identities, and preserves and perpetuates First Nations languages and cultures • is consistent with their own priorities, values and ideals • Increase accountability to the parents of First Nations learners 8 4
9/24/2018 Rationale for Education Jurisdiction Under its own education law, a First Nation can • Establish a Community Education Authority – the legal equivalent of a school board – on its own or with other First Nations • clarify the relationship between the First Nation Council and the Community Education Authority or education advisory committee An Education Jurisdiction Agreement is considered a “sectoral self-government agreement” and would likely be protected from future federal legislation initiatives. Participating First Nations can be shielded from negative impact of new federal initiatives (e.g. would have been exempt from the federal legislation proposed by the previous Conservative Government) 9 Key Milestones in Jurisdiction Jul. 25, 2003 • MOU signed (Canada, BC and FNESC) Nov. 26, 2005 • Education Jurisdiction Framework Agreement initialed Jul. 5, 2006 • Framework Agreement signed Dec. 12, 2006 • Federal Supporting Legislation passed Nov. 29, 2007 • Provincial Supporting Legislation passed • Canada announced that its Own Source Revenue (OSR) policy would apply to this initiative Dec. 2010 • Negotiations stalled from 2010 to 2015 as the parties sought to resolve the OSR issue June 28, 2013 • Framework Agreement extended until 2018 • Canada released new policy, “Canada’s Fiscal July 2015 Approach for Self-Government Arrangements” June 2016 • Canada re-engages in negotiations 10 5
9/24/2018 Key Documents 1. Framework Agreement 2. Education Jurisdiction Agreement 3. Funding Agreement 4. Federal and Provincial Supporting Legislation 11 Framework Agreement The Education Jurisdiction Framework Agreement (“Framework Agreement”) signed in 2006: • Sets the road map for implementing First Nations’ jurisdiction over education in BC, • Committed Canada and BC to passing enabling legislation (which they did), • Was extended for five years in 2013 to 2018, and • Includes four appendices: 1. British Columbia-First Nation Education Agreement 2. Template Canada-First Nation Education Jurisdiction Agreement (“Education Jurisdiction Agreement”) 3. Template Canada-First Nation Education Jurisdiction Funding Agreement (“Funding Agreement”) 4. Template Implementation Plan. 12 6
9/24/2018 Signing of the Jurisdiction Agreement – July 2006 13 Education Jurisdiction Agreement • It brings a First Nation’s exercise of jurisdiction to life, and sets the scope of its law-making powers. • It recognizes a First Nation’s jurisdiction over education on First Nation Land (i.e. First Nation’s reserve). • This jurisdiction will extend to Members of the First Nation and to Non-Members whose children attend the First Nation’s school. • It is an agreement between a Participating First Nation and Canada, based on the agreed template (attached to the Framework Agreement). 14 7
9/24/2018 Funding Agreement • It provides funding to support the implementation of an Education Jurisdiction Agreement. • It is an agreement between a Participating First Nation and Canada, based on the agreed template (also attached to the Framework Agreement). 15 Supporting Legislation Canada and BC have both passed supporting legislation. • Federal legislation – First Nations Jurisdiction over Education in British Columbia Act (2006): • brings individual Education Jurisdiction Agreements into effect, • recognizes Participating First Nations’ authority to pass education laws and to establish Community Education Authorities, and • establishes the First Nations Education Authority and sets out its powers. • Provincial legislation – First Nations Education Act (2007) • recognizes Participating First Nations’ authority to pass education laws, and • requires BC to consult with the First Nations Education Authority on changes to provincial education. 16 8
9/24/2018 BC Education Jurisdiction Legislation Introduced to House of Commons – November 2006 17 Key Players First Nations that vote on and ratify an Education Jurisdiction Agreement will have their names added to the schedule of the Federal Legislation and become Participating First Nations . A Participating First Nation can establish a Community Education Authority and clarify the relationship between the First Nation’s Government and the Community Education Authority through its law. The Education Jurisdiction Agreements and Supporting Legislation provide for the creation of a First Nations Education Authority (FNEA) and define its authority. This regulatory body is unique and created to specifically serve the interests of BC First Nations exercising Jurisdiction over education. 18 9
9/24/2018 About the FNEA The First Nations Education Authority (FNEA) will have two representatives from each Participating First Nation. • It will formally come into existence once there are at least three Participating First Nations. • Each Participating First Nation will sign an Education Co- Management Agreement with the FNEA, which confirms the FNEA’s terms of reference. Chalo School 19 More about the FNEA The FNEA will provide support to Participating First Nations. It will only exercise jurisdiction over matters that have been delegated to it by Participating First Nations. The powers that will be delegated to the FNEA include: • Teacher Certification, • School Certification, and • Curriculum and exam standards for courses required to graduate. Since Participating First Nations will have seats on the FNEA, they will all be part of the process for determining standards. 20 10
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