3/14/2017 EDUCATION JURISDICTION: AN OVERVIEW FEBRUARY 21, 2017 FIRST NATIONS EDUCATION STEERING COMMITTEE About the Jurisdiction Regional Workshop The First Nations Education Jurisdiction Regional Workshops are an opportunity to: • learn about First Nations education jurisdiction in BC • find out if becoming involved in the jurisdiction initiative is right for your First Nation 2 1
3/14/2017 Meeting Resources Binder: Agenda, Event Evaluation Form, Expense Form • • Feedback workbook: $50 $50 pri prize dra draw! • Expense forms: • must be returned by mail within 30 days • 2 per community (Band) can claim travel Ar Are th e there c chang anges o es or additions to itions to th the a agenda enda? 3 BC First Nations Education System For over two decades, First Nations in BC have worked collectively to build a comprehensive and responsive BC First Nations Education System. BC 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. We have recognition of our First Nations’ jurisdiction over education in jurisdiction agreements and legislation. 4. We have a Tripartite Education Framework Agreement with Canada and BC. 4 2
3/14/2017 Current Framework For First Nation Schools Currently, there is a legislation and policy gap. • No legislative underpinning for First Nation Schools • Subject to national policy being imposed for First Nation education by the federal government • Vulnerable to political changes 5 Rationale for Education Jurisdiction First Nations’ Jurisdiction over First Nations Education means that First Nations learners will no longer be subject to decisions regarding their education being made by others outside of First Nations’ control. First Nations with Jurisdiction will be able to make decisions in the best interests of their learners. • A First Nation can pass an education law that establishes its own school system, teacher certification, school certification, curriculum and exam standards with a solid legal foundation. • A First Nation can establish a Community Education Authority (CEA) on its own or with other First Nations. 6 3
3/14/2017 Rationale for Education Jurisdiction Con’t • The First Nation’s education law can clarify relationship between the First Nation Council and Community Education Authority or education advisory committee. • 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 Harper Government). 7 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 Enabling Act passed Nov. 29, 2007 • Provincial Enabling Act 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 8 4
3/14/2017 Where We Are Now In 2015, Canada released its new policy “Fiscal Approach for Self- Government Arrangements”. This policy confirmed that the federal OSR policy no longer applies to sectoral self-government agreements, including the BC First Nations education jurisdiction agreements. Note: FNESC had previously conducted an analysis showing that the application of the federal OSR policy would have a negative impact. This analysis was instrumental in getting Canada to change its policy on the application of OSR during its Fiscal Harmonization Policy review. 9 Where We Are Now Con’t BC First Nations have always been committed to ensuring all BC First Nation Schools are resourced appropriately to provide quality education to First Nation learners. BC First Nations do not want funding to become the incentive for signing jurisdiction agreements. In 2012 FNESC signed TEFA linking First Nation school funding to the province’s Operations Grants Manual (OGM) with specific adaptations. This brought most schools close to comparable funding to provincial schools. The Tripartite Education Framework Agreement (TEFA 1) – an agreement separate from education jurisdiction provides education (funding and policies) a framework supporting the BC First Education System – expires on March 31, 2017. 10 5
3/14/2017 TEFA Renewal TEFA renewal must include funding for the following areas not addressed in TEFA 1: • Language and Culture • Technology • Operations and Maintenance • Transportation Once the First Nation school funding model is complete it will serve as the “program funding” for jurisdiction. Jurisdiction funding agreements will also include additional resources for governance. 11 Framework Agreement The Education Jurisdiction Framework Agreement (“Framework Agreement”) signed in 2006: • Sets the overall context and road map for implementing First Nations’ jurisdiction over education in BC. • Includes the following appendices: o BC-FNESC Agreement o Canada-First Nation Education Jurisdiction Agreement (“CFNEJA”) o Canada-First Nation Education Jurisdiction Funding Agreement (“Funding Agreement”) o Implementation Plan. • Committed Canada and BC to passing enabling legislation. The Framework Agreement was extended for 5 years in 2013 to 2018. 12 6
3/14/2017 Agreement Background What is the CFNEJA? • The CFNEJA brings a First Nation’s exercise of jurisdiction to life, and sets the scope of its law-making powers. Who are the parties to a CFNEJA? • Each First Nation will have its own individual CFNEJA, signed by Canada and the First Nation. Each individual CFNEJA is based on the agreed-upon CFNEJA template (which is attached to the Framework Agreement). • A First Nation becomes a Participating First Nation (PFN) once its individual CFNEJA has been signed and its name added to the Schedule of the Federal enabling legislation. 13 Agreement Background What does the CFNEJA do? • The CFNEJA recognizes a PFN’s jurisdiction over education on First Nation Land (i.e. First Nation’s reserve). This jurisdiction will extend to all Members, and Non-Members who choose to receive, or have their children receive, education provided by the PFN. • The CFNEJA also sets out how a PFN will exercise its jurisdiction and law-making power. 14 7
3/14/2017 Exercising Jurisdiction A First Nation can pass an education law that details what its rules for the education of its membership will be. The education law will have to be passed in accordance with the First Nations’ own “Education Law- Making Protocol.” This protocol would be voted on at the same time as the Individual Agreement. A First Nation can establish a Community Education Authority (CEA) and clarify the relationship between the First Nation’s Government and the CEA. The Individual Agreements and Enabling Legislation also 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. 15 Signing of the Jurisdiction Agreement – July 2006 16 8
3/14/2017 Enabling Legislation Federal and provincial enabling legislation supports First Nations’ exercise of jurisdiction over education. Federal enabling legislation (2006) – First Nations Jurisdiction over Education in British Columbia Act : • brings individual Canada-First Nation agreements (CFNEJAs) into effect recognizes PFNs’ authority to pass their own education laws and to establish • Community Education Authorities • establishes the First Nations Education Authority and sets out its powers Provincial enabling legislation (2007) – First Nations Education Act : • recognizes PFNs authority to pass education laws • requires BC to consult with the FNEA on changes to provincial education 17 About the FNEA The purpose of the FNEA is to provide support to First Nations who wish to exercise Jurisdiction over education. The FNEA will not have inherent jurisdiction and will only exercise jurisdiction in areas that have been delegated to it by Participating First Nations (PFNs). First Nations have provided direction regarding the role of the FNEA. Since all PFNs will have seats on the FNEA, they will all be part of the process for determining standards. The powers that will be delegated to the FNEA include: • Teacher Certification, • School Certification, and • Curriculum and exam standards for courses required to graduate. 18 Chalo School 9
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