1. FIRST NATIONS JURISDICTION OVER EDUCATION
Presentation
Presented by Nathan Matthew
BCSTA Provincial Council
February 10, 2007

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
2005 Highlights
The Jurisdiction negotiations have concluded and the package of agreements was initialed in November 26, 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
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.

4. Scope of Jurisdiction This phase: on-reserve K-12 education
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. JURISDICTION OVER EDUCATION
2005
2006
Federal and Provincial Legislation
12 First
Nations Sign Up -
Order in
Council (OIC)
Canada/First
Nations
Agreement
Initialed FN
ESC/BC
Final
implemented
Nov. 2005
- Negotiators Initial:
Overarching
Agreement
Canada/FNESC/BC
Canada/First
Nations
FNESC
/BC
Canada to
present
Negotiate
Funding
Memorandum to
Cabinet
Canada/First
Nation to Sign
Up to 36
month
Transition
Period
Final
Agreement
BC to present
Negotiators
Memorandum to
Ratification
Sign
BC Cabinet
Final Agreements
Recognition of
FN Jurisdiction
FNESC to present
to First Nations
Leadership
UBCIC and the
FN Summit
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.

6. 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 (48 Letters of Intent have been received)
Negotiation of individual jurisdiction agreements following legislation

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

8. 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.
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.

9. 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

10. 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)
First Nations have provided direction through Community Consultations, Regional Sessions, and two provincial forums, December and February 2005.
A third provincial forum is scheduled for November 21, 2005.

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

12. 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

13. First Nations / Schools
PFNs
FNEA
2 Reps per PFN
CEAs
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
CEAs have authority for delivery of community education systems
admin
A new legal body with certain powers delegated by PFNs:
Teacher certification
School certification
Curriculum and standards
New
Current relationship is maintained
(Non-PFNS)
First Nations / Schools
admin

14. Funding for Jurisdiction
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
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.

15. BC-FNESC Agreement
States the shared commitment to work together in a new relationship
Recognizes that a central objective is improved educational outcomes for FN students
Respects the right of parents to decide which school their child will attend
Preserves the right of First Nations to pursue jurisdiction through self-government or treaty negotiations
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.
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.
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.
First Nations who conclude Canada First Nations Agreements may become a party to this Agreement by signing a Party Agreement form.

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 (in development)
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. Timelines: JURISDICTION OVER EDUCATION
July 5, 2006 the package of Agreements was signed after both Federal and Provincial Cabinet approval secured
Federal Legislation passed and receives Royal Assent December 12, 2006
Provincial Legislation to be recommended February/March 2007
Jurisdiction Funding Package to be negotiated
Negotiation of individual First Nations education jurisdiction agreements and up to 36-month transition period

19. 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 Law Making Protocol, FN Education Law and CEA Terms of Reference.

20. Implementation – 2 Levels
Provincial Level Implementation
FNEA:
New provincial legal entity
Will come into being with passage of federal enabling legislation and the signing of at least three Canada-FN Jurisdiction Agreements
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

21. For More Information
Visit and click on the Jurisdiction link (on the left).
Phone FNESC toll-free:
Watch for information about Jurisdiction in the FNESC newsletter and on FNESC’s website in a section dedicated to jurisdiction