EDUCATION JURISDICTION: AN OVERVIEW FEBRUARY 21, 2017 FIRST - - PDF document

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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

• pportunity to:
• learn about First Nations education jurisdiction in BC
• find out if becoming involved in the jurisdiction initiative is right

for your First Nation

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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?

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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.

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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

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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.

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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
• f new federal initiatives (e.g. would have been exempt from the

federal legislation proposed by the Harper Government).

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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
• Dec. 2010
• Canada announced that its Own Source Revenue (OSR)

policy would apply to this initiative

• Negotiations stalled from 2010 to 2015 as the parties

sought to resolve the OSR issue June 28, 2013

• Framework Agreement extended until 2018

July 2015

• Canada released new policy, “Canada’s Fiscal

Approach for Self-Government Arrangements” June 2016

• Canada re-engages in negotiations

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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

• n the application of OSR during its Fiscal Harmonization Policy review.

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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.

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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.

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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:
• BC-FNESC Agreement
• Canada-First Nation Education Jurisdiction Agreement

(“CFNEJA”)

• Canada-First Nation Education Jurisdiction Funding Agreement

(“Funding Agreement”)

• Implementation Plan.
• Committed Canada and BC to passing enabling legislation.

The Framework Agreement was extended for 5 years in 2013 to 2018.

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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.

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Agreement Background

What does the CFNEJA do?

• The CFNEJA recognizes a PFN’s jurisdiction over education
• n 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.

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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.

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Signing of the Jurisdiction Agreement – July 2006

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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

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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.

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Chalo School

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Governance of the FNEA

The FNEA will be governed by:

• The FNEA’s Terms of Reference*
• Education Co-Management Agreements* to be signed by

the FNEA and Participating First Nations (to which the Terms of Reference will be attached)

• The federal First Nations Jurisdiction over Education in

British Columbia Act

• British Columbia’s First Nations Education Act
• The British Columbia-First Nation Education Agreement*

Governance of the FNEA – federal legislation

The First Nations Jurisdiction over Education in British Columbia Act:

• 11(1): establishes the FNEA, minimum of 6 directors,

including a President and Vice-President

• 11(2): the FNEA is a legal entity with rights and powers
• 12: the FNEA is not an agent of Canada
• 13(1): each PFN to appoint two directors, one of whom is a

member of the PFN (initial term of no more than 2 years)

• 13(2): PFN can remove their director; the FNEA board can

also remove a director for cause

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Governance of the FNEA – provincial legislation

British Columbia’s First Nations Education Act:

• 3. British Columbia will consult with the First Nations Education

Authority in any general consultations respecting a proposed change to education policy, legislation or standards that may materially affect any of the following: (a) an education program offered by a participating First Nation; (b) assessments, teacher certification, graduation requirements

• r curriculum;

(c) any matter related to assessments, teacher certification, graduation requirements or curriculum.

What will the FNEA do?

The FNEA’s three main functions will include:

• Teacher certification (for teachers other than language

and culture teachers)

• School certification
• Developing standards for curriculum and exams for

courses required for graduation If requested, the FNEA will also take on other duties, such as:

• Certification of language and culture teachers
• Organizing bulk purchasing initiatives for PFNs
• Issuing First Nation graduation certificates

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What will the FNEA do? Con’t

Under BC First Nation Education Agreement, FNEA will also:

• Set educational program standards
• Standardize an assessment process for literacy and numeracy

for PFN Schools (PFNs will then make outcomes reports on school performance available to parents)

• Based on these assessments, and subject to the approval of

PFNs, FNEA will provide the Ministry of Education with an annual summary performance outcomes report.

• Play a role in consulting and being consulted by BC
• Grant First Nations graduation certificates

When does the FNEA come into existence?

The FNEA will formally come into existence once there are at least 3 PFNs. A First Nation becomes a PFN when its name is added to the Schedule of PFN’s, which is attached to the federal legislation.

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How will the FNEA carry out its duties?

FNEA Directors (two from each PFN) have responsibility to lead the process. The FNEA may contract with experts and sub-contract with other bodies. The FNEA will need a process to ensure that the certification (and decertification) processes for teachers and schools are free of any conflicts of interest. As a regulatory body, the FNEA will need to act in First Nations’ public interest.

• Examples of bodies that have been dismantled due in

part to institutional conflicts of interest: the College of Teachers, the Private Career Training Institute, and the Real Estate Council.

How will the FNEA carry out its duties? Con’t

The FNEA will build on the processes developed by the First Nations School Association (FNSA), including teacher certification and school certification.

• Note: In developing the FNEA process, we

will need to take into account that FNEA has clear regulatory responsibilities and corresponding liability.

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Community Education Jurisdiction Resources

• Jurisdiction Toolkit (Questions and Answers page 46)
• Draft Community Template Power point Presentation
• First Nations Education Jurisdiction over Education [Agreements]
• Web Resources (jurisdiction videos*, template BCRs and letters,

checklist, etc.)

• Jurisdiction Webpage:

http://www.fnesc.ca/about-fnesc/jurisdiction * Show Video

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Education Jurisdiction Toolkit

The First Nations Education Steering Committee (FNESC) is preparing an Education Jurisdiction Toolkit for First Nations:

• Allows us to bring together and update the work that was previously

done, to make it more relevant and accessible.

• Incorporates lessons learned through the development and

implementation of Tripartite Education Framework Agreement (TEFA).

• Will be updated and evolve over time.

Goal: to make it a valuable tool for First Nations that wish to better understand, and implement, jurisdiction over education. FNESC is continuing to update this Toolkit. If there is information relating to the initiative that you think would be useful, please let us know so we can advise FNESC.

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What are the benefits of Jurisdiction

• Pg. 4 – 5 from Education Jurisdiction Toolkit

This collection of agreements and legislation will serve as an important platform for achieving increased educational success for First Nations learners and increased accountability to their parents and First Nations. First Nations will be able to establish a community-tailored education system that meets the specific needs of First Nations learners. Other benefits include community control over Kindergarten to Grade 12 education on First Nation lands, the ability to set higher standards of education, to create a better learning environment, to focus on teaching

• f First Nation languages, culture and values, and to grant recognized

First Nation graduation certificates.

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What are the benefits of Jurisdiction Con’t

Through education jurisdiction First Nations can define what is important and implement their own ideals and priorities. A First Nation with an Individual Agreement will also be able to establish the legal equivalent of a school board (a Community Education Authority) and will have collective responsibility for school certification and teacher certification, and for the establishment of curriculum and exam standards for courses necessary to meet graduation requirements through the First Nations Education Authority (FNEA). The FNEA will be composed of two representatives from each of the First Nations that are participating in this initiative.

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What are the benefits of Jurisdiction Con’t

This initiative will support First Nations in achieving their goals of economic viability and sustainability through a learning system that includes: high expectations; sound, holistic and inclusive curricula; well-trained educators; focused leadership; parental involvement; accountability; and safe, healthy, and adequate facilities. This initiative is a step towards developing an education model that promotes pride and enhances respect, opportunity, and equality. First Nations people are unique. Education jurisdiction can support First Nations in maintaining and developing cultural integrity, protecting a strong First Nations identity, and preserving and perpetuating First Nations languages and cultures. Education jurisdiction recognizes First Nations’ authority to define education by making their own laws and creating education systems that are appropriate, compatible with, and relevant to the lives of First Nations students. Language and culture can be implemented as key components of a student’s education.

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Ottawa Trip with students from Fort Nelson and Bella Bella– November 2006

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BC Education Jurisdiction Legislation Introduced to House of Commons – November 2006

New Education Jurisdiction Terms of Reference

With the resumption of jurisdiction negotiations in 2016 the NFNs undertook the development of a Terms of Reference to guide the jurisdiction process. Education Jurisdiction Terms of Reference was adopted

• n January 23, 2017.

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Priority Issues: Funding and Governance

Two priority issues are: funding and

• governance. These two issues are

closely tied to one another.

• 1. Funding issues:
• Scope and adequacy of funding
• Terms and conditions of funding
• LEA obligations
• Funding for Second Level Services
• Funding for CEAs and FNEA
• Lessons learned from TEFA

experience:

• Volatility of funding
• Funding areas where there is a

shortfall (transportation, language and culture, technology, operations and maintenance, etc.)

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Governance Issues

• 2. Governance issues:
• Capacity building – preparing for self-governance over education

(including law-making, review and amendment)

• Further explore relationship between First Nations and the CEAs
• r education advisory committees established by First Nations
• FNEA – need to ensure it works effectively with existing

institutions (including FNESC and FNSA) to avoid duplication

• Establish the FNEA Infrastructure

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Aqamnik School

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Moving Forward

Reconfirm community intentions to proceed with negotiating Individual Agreements. Done NFNs continue to work together to review and confirm that the templates for Individual Agreements and Funding Agreements continue to meet the objectives of First Nations’ Education

• Jurisdiction. Negotiations with Canada and BC will be undertaken to

amend the agreements as appropriate. Ongoing Canada to provide each NFN with a funding offer. Individual NFNs would finalize their Individual Agreements and Funding Agreements, including funding amounts. Canada and each NFN that is ready would initial Individual Agreements and Funding Agreements. Each NFN, which has initialed agreements, would carry out community development work over a transition period (of up to 3 years) and prepare for ratification vote.

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Moving Forward Con’t

 Each NFN would hold ratification vote to approve:

• its Individual Agreement, and
• its Education Law-Making Protocol, establishing the process

under which a First Nation will pass its own education law.  If ratification vote is successful (i.e. 50% plus 1 of those who cast a ballot, vote in favour of the Individual Agreement and the Protocol):

• The NFN and Canada would sign Individual Agreement and

Funding Agreement,

• The NFN and the FNEA would sign Education Co-Management

Agreement, and

• Canada would pass an Order in Council (OIC, a form of cabinet

directive) adding the NFN to Schedule 1 of the federal act.

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Moving Forward Con’t

 Once the name of the NFN has been added to Schedule 1 of the federal act:

• The First Nation becomes a

“Participating First Nation” (PFN).

• The First Nation can pass its own

education laws. This would mark the transition to the exercise of a First Nation’s jurisdiction over education.  Once 3 PFNs are confirmed, the FNEA will receive authority from them to exercise responsibility for: a. teacher certification; b. school certification; and c. standards with respect to curriculum and exams required to graduate.

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Chalo School

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First Education Jurisdiction Meeting 2007 – post Federal Legislation

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Moving Forward Con’t

In the meantime,  There is a potential for more First Nations to become NFNs (and then PFNs).  NFNs have developed and approved Terms of Reference for the Education Jurisdiction Initiative to help guide the process from this point onwards.

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Shihiya School

How to Participate in Jurisdiction Initiative

 Defined in Education Jurisdiction Terms of Reference, pg. 7

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APPOINTMENT AND REPLACEMENT OF NFN NEGOTIATORS AND IFN REPRESENTATIVES 38. Negotiating First Nations may replace their NFN negotiator by providing FNESC with a copy of the band council resolution appointing their new NFN negotiator. 39. Interested First Nations may replace their IFN representative by providing FNESC with a copy of the band council resolution appointing their new IFN representative or a letter that identifies the new IFN representative.

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How to Participate in Jurisdiction Initiative Con’t

ACCEPTANCE OF INTERESTED FIRST NATION AS A NEGOTIATING FIRST NATION 40. If an Interested First Nation wishes to become a Negotiating First Nation, it must provide a notice to FNESC and provide documentation to show that it meets the criteria set out in Annex A. 41. Upon receipt of a notice under section 40, FNESC will forward the notification, and accompanying documentation, to the NFN negotiators. 42. The NFN negotiators will review the documentation provided by the Interested First Nation. If the Interested First Nation meets the criteria attached as Annex A, the NFN negotiators will, by resolution, confirm that First Nation as a Negotiating First Nation and revise the list of confirmed Negotiating First Nations attached as Annex B. 43. A First Nation that has been confirmed as a Negotiating First Nation under section 42 may not be eligible for funding from FNESC that is designated for Negotiating First Nations until the following fiscal year.

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How to Participate in Jurisdiction Initiative Cont’d

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ANNEX A NEGOTIATING FIRST NATION CRITERIA In order to become a Negotiating First Nation, a First Nation must: (a) have a First Nation school for students in K-4 to grade 12 (or some of these grades) on its reserve land; (b) have passed a band council resolution indicating its interest in exercising jurisdiction over education and a second band council resolution, substantially in the form attached as Annex C, appointing a negotiator and providing the negotiator with instructions;

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How to Participate in Jurisdiction Initiative Cont’d

(c) if it had received a financial offer from Canada under the education jurisdiction initiative prior to 2010, provide confirmation in writing after January 2016 that it remains interested in negotiating under the education jurisdiction initiative; and (d) if it had not received a financial offer from Canada under the education jurisdiction initiative prior to 2010, provide notice to FNESC by May 31, 2017 that it wishes to become a Negotiating First Nation.

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Thank You

If you have any question If you have any questions, please contact: s, please contact:

Jan Haugen, Manager of Executive Services First Nations Education Steering Committee Suite 113 – 100 Park Royal South West Vancouver, BC V7T 1A2 Email: janh@fnesc.ca Phone: 604-925-6087 Fax: 604-925-6097

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