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Education Jurisdiction ~ Where are We Now?

March 25, 2009 Presented by Bonnie Eugene. Education Jurisdiction ~ Where are We Now?. Education Jurisdiction. What is it? Legal power and authority to govern and control K-12 education on reserve Community authority is recognized by federal and provincial governments

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Education Jurisdiction ~ Where are We Now?

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  1. March 25, 2009 Presented by Bonnie Eugene Education Jurisdiction ~ Where are We Now?

  2. Education Jurisdiction What is it? Legal power and authority to govern and control K-12 education on reserve Community authority is recognized by federal and provincial governments It includes lawmaking powers This is Phase 1. Later phases could include Early Childhood and Post-Secondary. A First Nations choice to participate in the jurisdiction process is completely optional

  3. Jurisdiction over education is formal recognition, through signed Agreements, by the federal and provincial governments of a First Nation’s right to make decisions about the education of its children. BC First Nations have been seeking recognition of their jurisdiction over education for decades. What is First Nations Jurisdiction over Education?

  4. Federal Vs First Nation Schools

  5. Sections 114 – 122 of the Indian Act specific to Education

  6. Jurisdiction rests with Participating First Nation (PFN) • FN passes law to set vision and guidelines for education system • Law may also create a Community Education Authority (CEA) • FN/CEA delegates some responsibilities to a regional First Nations Education Authority (FNEA) Education Jurisdiction:How Will it Work?

  7. Community Education Authority First Nations may create a CEA to operate and administer their education system. CEAs may take many forms: One community, one school Multiple communities, one school Multiple communities, multiple schools A legally constituted entity established by a Participating First Nation to operate its educational system A CEA will perform the duties and be subject to teh liabilities imposed onit by the First Nation Education Law.

  8. First Nations Education Authority First Nations Education Authority (FNEA): Is a legal entity but not another bureaucracy First Nations have provided direction regarding the role of the FNEA. It will only have jurisdiction over areas that have been delegated by First Nations who have jurisdiction. The FNEA will be made up of representatives of Participating First Nations (PFNs)

  9. First Nation Education Authority The First Nation Education Authority will have the authority to: Certify teachers to teach in Participating First Nation schools (standards will be comparable to BC standards) Certify schools operated by PFN’s Establish edu standards for PFN schools that’ll recognize importance of Lang & Cult Ensure curriculum, exams & other programs delivered by FN schools will enable students to transfer to provincial schools or enter the post-secondary edu system

  10. Participating First Nation is any First Nation that has signed its own Canada-First Nation Edu Juris Agreement with Canada and signed onto thr BC FN Nation Edu Agreement. • Dec. 2006: 24 First Nations indicated their interest in jurisdiction; INAC mandated to negotiate with first 24 IFNs Participating First Nations

  11. Of the first 24 IFNs, 13 are now negotiating with INAC for funding for jurisdiction • Ahousaht First Nation • Canim Lake Band • Ditidaht First Nation • Fort Nelson First Nation • Gwa’salaNakwaxda’xw Band • Heiltsuk Band • Lower Similkameen Indian Band • Mount Currie Band • Seabird Island Band • Simpcw First Nation • Snuneymuxw First Nation • St. Mary’s Indian Band • Tseshaht First Nation Negotiating First Nations

  12. The Jurisdiction process includes FNs that have sent in Band Council Resolutions (BCRs) stating their intent to negotiate a Canada-FNEJAgreement. • To date, 63 FNs have sent in BCRs and they are referred to as Interested First Nations (IFNs) • Ongoing capacity-building sessions held with participation by all 63 First Nations • All interested First Nations meet monthly to discuss ongoing negotiations • Moving forward as BC First Nations Interested First Nations

  13. Are there any comments, questions or other ideas on the jurisdiction discussions? Feedback Requested

  14. Visit www.fnesc.ca and click on the Jurisdiction link (on the left). • Phone FNESC toll-free: 1-877-422-3672 • Watch for information about Jurisdiction in the FNESC newsletter and in FNESC’s fax communications with First Nations schools and communities For More Information

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