FIRST NATIONS JURISDICTION OVER EDUCATION Presentation January 19, 2006 Presented by Christa Williams Executive Director First Nations Education Steering Committee

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

JURISDICTION OVER EDUCATION 2005 Highlights The Jurisdiction negotiations have concluded and the package of agreements was initialed in November 26, 2005. The proposed package will include: Overarching/Framework Agreement (Canada, BC and FNESC) FNESC/BC Agreement Canada/First Nations Agreement Canada/First Nations Funding Agreement Canada/First Nations Implementation Plan To become a Participating First Nation, a First Nation must submit a Letter of Intent and ultimately a Band Council Resolution. A template Letter of Intent is available on the FNESC website. This is a completely optional process.

JURISDICTION OVER EDUCATION Scope of Jurisdiction The scope of First Nations jurisdiction during this phase of the negotiations is for on-reserve K-12 education. The Parties have agreed that once this agreement is concluded there will be further negotiations to address Early Childhood Development and Post-Secondary Education and Training.

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 Negotiation of individual jurisdiction agreements following legislation

2005 Implementation Flowchart JURISDICTION OVER EDUCATION Federal and Provincial Legislation 12 First Nations Sign Up - Order in Council (OIC) Canada/First Nations Agreement Initialed FN ESC/BC Final implemented Negotiators Final Agreements Fall 2005 Negotiate Funding Sign Canada to present Memorandum to Cabinet BC to present BC Cabinet FNESC to present to First Nations Leadership UBCIC and the FN Summit Nov. 2005 - Negotiators Initial: Overarching Agreement Canada/FNESC/BC Canada/First Nations FNESC /BC Canada/First Nation to Sign Up to 36 month Transition Period Final Agreement Ratification Recognition of FN Jurisdiction Once the Agreement is initialed there is still a long process of approval and then development and passage of federal and provincial legislation. First Nations can opt out up until the Canada – First Nations Final Agreement is ratified. There will be one-time only funding to support First Nations through the developmental phase of getting ready to implement jurisdiction over education. The details regarding this funding are currently being negotiated. 2005 Implementation Flowchart

Canada-FN Jurisdiction Agreement Vehicles for implementation of jurisdiction over education (new legal entities) Community Education Authorities First Nations Education Authority Two new legal entities will be created by Federal legislation and recognized in Provincial legislation. These entities have been developed to serve First Nations education purposes specifically and can replace societies. Participating First Nations will determine what their Community Education Authority will look like. The First Nations Education Authority (FNEA) will be made up of representatives of Participating First Nations. It is the vehicle by which Participating First Nations will exercise their jurisdiction in two specific areas: Teacher Certification; and School Certification. The FNEA will also consult with the BC Ministry of Education regarding changes in curriculum and standards.

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 Community Education Authority 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 contained in the terms of reference for the Community Education Authority. Once a First Nation has ratified a Canada-First Nation Jurisdiction Agreement, and have had their school certified, they will be able to: Develop and pass an Education Law that will describe their education vision and establish their Community Education Authority Grant a Dogwood Equivalent Graduation Certificate (that is the Grade 12 academic graduation certificate that grants entrance to post secondary iinstitutions) Enter into Reciprocal Tuition Agreements with the Provincial government (that means that for off-reserve students attending First Nations schools the Province will pay their tuition) Set standards for their Education programming, outside of the core courses required for graduation Templates for the Education Law, terms of reference for a Community Education Authority, and other required documents will be available on the FNESC website.

Community Education Authority First Nations may create a Community Education Authority to operate and administer their education system. CEAs may take many forms: One community, one school Multiple communities, one school Multiple communities, multiple schools

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. First Nations have provided direction through Community Consultations, Regional Sessions, and two provincial forums, December 2004 and February 2005. A third provincial forum is scheduled for November 21, 2005.

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

Funding for Jurisdiction Developmental Funding will be available for FN to undertake developmental work to create Community Education Authorities and Education Laws. This will be one time only funding. Implementation Participating FN 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 Now that the Department of Indian Affairs has developed a more equitable formula for funding Band Operated Schools that concludes the first phase of funding negotiations. The second phase includes costing for education governance costs and for Aboriginal language and culture dollars.

BC-FNESC Agreement This Agreement acknowledges and builds upon the mutual commitment of FNESC and British Columbia to work together in a new relationship intended to further improve educational opportunities and outcomes for First Nations students. The Parties to this Agreement also recognize that improved educational outcomes for students attending First Nations schools and for First Nations students attending Provincial Public Schools, will be central to the shared objective of restoring, revitalizing and strengthening the economic and social sustainability of First Nations in British Columbia. First Nations who conclude Canada First Nations Agreements may become a party to this Agreement by signing a Party Agreement form.

BC-FNESC Agreement cont. The Parties further recognize and respect the right of parents to decide whether their children will be enrolled to receive the benefit of an educational program offered by a school operated by a Participating First Nation or, in the alternative, a program offered by a Provincial Public School operated by a School Board pursuant to the authority set out in the School Act or a program offered by an independent school operated by an authority pursuant to the Independent School Act.

BC –FNESC Agreement The Parties also agree that this Agreement is not intended to preclude or impede the capacity of Participating First Nations to pursue the further recognition of jurisdiction over education through other initiatives including self-government and treaty negotiations.

BC-FNESC Agreement Highlights British Columbia agrees to recognize the jurisdiction of Participating First Nations to make laws in respect of Education and services provided by a Participating First Nation or by a Community Education Authority established for that purpose, on First Nation Land, as set out in a Canada - First Nation Education Agreement.

BC-FNESC Agreement Reciprocal Tuition Agreements Capacity to grant credentials (First Nation’s Schools students would be eligible to receive the Dogwood if they choose) Curriculum development and examinations Consultation obligations

BC-FNESC Agreement Development of an English 12 that celebrates Aboriginal literature Information sharing and evaluation Bulk purchasing

BC-FNESC Agreement First Nations who conclude Canada First Nations Agreements may become a party to this Agreement by signing a Party Agreement form.

JURISDICTION OVER EDUCATION Timelines/Next Steps: Approval processes: It could take approximately six months to one year to get this Agreement through the Federal Cabinet approval process. BC has already taken the agreement to Cabinet for approval. Parties to sign the Framework Agreement after Federal and Provincial Cabinet approval. Federal and Provincial legislation to be drafted and proposed and individual First Nation Education Jurisdiction Agreements to be negotiated. It is anticipated that the earliest a First Nation will be able to exercise full jurisdiction is September 2008.

National Picture May 2005 Cabinet Retreat November First Minister’s Meeting (FMM) The main agenda items for both these meetings included education, housing, governance, health and economic development. Within the education component jurisdiction and sustainable resourcing were the focus. Transformative Change Accord signed at FMM in November – includes reference to Education jurisdiction agreements The joint Cabinet retreat between the Federal Cabinet and leaders of National Aboriginal organizations set out the agenda for the fall First Minister’s Meeting. This includes education, housing, governance, health, and economic development. Currently, there are bilateral, between the federal and provincial governments, and trilateral, between federal, provincial and First Nations governments, discussions taking place. The exact agenda and desired outcomes of the FMM are unclear, however, FNESC is active at the national level in the planning. A Frequently Asked Questions document is included as Appendix B of the Regional Session Discussion Papers.

For More Information on Jurisdiction Visit the FNESC website www.fnesc.ca and click on the Jurisdiction link on the home page Phone the FNESC office toll-free: 1-877-422- 3674 Watch for information about Jurisdiction developments in the FNESC newsletter and in FNESC’s fax communications with First Nations schools and communities

FIRST NATIONS JURISDICTION OVER EDUCATION Presentation January 19, 2006