FIRST NATIONS JURISDICTION OVER EDUCATION

1. FIRST NATIONS JURISDICTION OVER EDUCATION Presentation April 2006 Presented by Nathan Matthew and Christa Williams First Nations Education Steering Committee

2. Since the signing of the MOU regarding First Nations Jurisdiction and Authority over First Nations Education in July, 2003, FNESC has continued negotiating with Canada and BC.

3. JURISDICTION OVER EDUCATION 2005Highlights The Jurisdiction negotiations have concluded and the package of agreements was initialed in November 26, 2005. The package includes: • Overarching/Framework Agreement (Canada, BC and FNESC) • FNESC/BC Agreement • Canada/First Nations Agreement • Canada/First Nations Funding Agreement • Canada/First Nations Implementation Plan

4. JURISDICTION OVER EDUCATION Scope of Jurisdiction • This phase: on-reserve K-12 education • When this agreement is concluded there will be further negotiations to address Early Childhood Development and Post-Secondary Education and Training.

5. 2005 November 2005 – Negotiators Initial: Canada to present Memorandum to Cabinet Negotiate Funding Negotiators Sign Final Agreements Overarching Agreement Canada/FNESC/BC BC to present Memorandum to BC Cabinet Canada/First Nations Agreement FNESC/BC Agreement FNESC to present to First Nations Leadership UBCIC and the FN Summit

6. 2006 12 First Nations Sign Up – Order in Council (OIC) Canada/First Nation to Sign Final Agreement Ratification Recognition of First Nations Jurisdiction Canada/First Nations Agreement Initialed Up to 36-month Transition Period Federal and Provincial Legislation FNESC/BC Final Agreement Implemented

7. Framework Agreement • Sets out the responsibilities of the parties • Triggers Federal and Provincial enabling legislation • A minimum of 12 BCRs required before Federal legislation introduced (40 Letters of Intent have been received) • Negotiation of individual jurisdiction agreements following legislation

8. Canada-FN Jurisdiction Agreement New legal bodies that will be vehicles for implementing jurisdiction: • Community Education Authorities (CEAs) • First Nations Education Authority (FNEA)

9. JURISDICTION OVER EDUCATION • First Nations will pass an Education Law-Making Protocol which sets out the procedures for passing, amending and challenging First Nation Education Laws • First Nations will pass an Education Law that will create the CEA and define the vision and parameters for the First Nations education system. • The law will not be very detailed as most of the detail will be in the terms of reference for the CEA.

10. Community Education Authority (CEA) 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

11. First Nations Education Authority (FNEA) • 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)

12. The following powers are contemplated for the FNEA • Teacher certification • School certification • Curriculum and standards

13. How do FNESC and the FNSA fit into the new relationships? • The FNEA is different than FNESC and the FNSA, as it will have jurisdiction over areas that have been delegated to it by the PFNs • To avoid undue bureaucracy, the FNEA will contract administrative services to FNESC/FNSA • FNESC and the FNSA will continue to provide services to non-participating First Nations, just as they do now

14. New FNEA FNSA admin • A new legal body with certain powers delegated by PFNs: • Teacher certification • School certification • Curriculum and standards admin admin Current relationship is maintained admin 2 Reps per PFN CEAs CEAs have authority for delivery of community education systems (Non-PFNS) PFNs The PFN passes education law-making protocol defining how laws will be created and passed, then a FN Education law is passed, creating the CEA First Nations / Schools

15. Developmental $ One-time funding available to FN for the creation of CEAs and Education Laws. Implementation $ PFNs will receive funding according to the new band-operated funding formula and governance dollars. Funding set out in the Canada-FN Education Jurisdiction Funding Agreement Funding for Jurisdiction

16. HIGHLIGHTS BC-FNESC Agreement • BC recognizes law-making authority of PFNs for on-reserve K-12 education, as set out in Canada-FN Education Agreement • Reciprocal Tuition Agreements • Capacity to grant credentials (First Nations Schools students would be eligible to receive the Dogwood if they choose) • Curriculum development and examinations

17. HIGHLIGHTS BC-FNESC Agreement • Consultation obligations • Development of an English 12 that celebrates Aboriginal literature • Information sharing and evaluation • Bulk purchasing • First Nations who conclude Canada First Nations Agreements may become a party to this Agreement by signing a Party Agreement form.

18. JURISDICTION OVER EDUCATION Timelines/Next Steps: • Faster than anticipated. Federal cabinet approval now possible by May 2006 • BC has already taken the agreement to provincial cabinet for approval • Parties could sign Framework Agreement as early as mid-June 2006 • Federal and provincial enabling legislation as early as December 2006 • Negotiation of individual First Nations education jurisdiction agreements and up to 36-month transition period

19. National Picture • November 2005 First Ministers Meeting (FMM) • The main agenda items for both these meetings were education, housing, governance, health and economic development. • Within the education component, jurisdiction and sustainable resourcing were the focus. • FN/Canada/BC Provincial Transformative Change Accord signed at the FMM in November – includes reference to Education jurisdiction agreements • Given the change in government, FMM financial commitments are uncertain until the federal budget is introduced.

20. Implementation – 2 Levels Community Implementation: CEA: • Created by the passing of a FN Education Law • Responsible for school governance and relationship with the province • Terms of Reference to include school calendar, graduation requirements, other matters Work is underway to create templates for FN Education Law and CEA Terms of Reference.

21. Implementation – 2 Levels Provincial Level Implementation FNEA: • New provincial legal entity • Will come into being with passage of federal enabling legislation • Made up of a board with 2 seats for each First Nation with a Jurisdiction Agreement • Model based on philosophy of exercising jurisdiction collectively • Root of jurisdiction will remain with each First Nation

22. Questions • Is the link between the FNEA and FNSA clear? • Do FN schools in communities not currently involved in implementing jurisdiction: - want involvement in developing adjusted school certification processes and teacher standards/competencies? - want the opportunity to use the new processes once they are created?

23. For More Information • 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