Transcript Education Jurisdiction~Where are We Now?

Education Jurisdiction
~ Where are We Now?
March 25, 2009
Presented by Bonnie Eugene
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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
Education Jurisdiction
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?
Federal Vs First Nation Schools
Sections 114 – 122 of the Indian
Act specific to Education
114. Minister can enter agreements for the education of Indian Children with
different organizations (church, provincial)
115. The Minister makes regulations for buildings, teaching education, inspection,
discipline, transportation, religious training, and money to religious organizations for
educating
116. Every Indian child aged 7 years of age attends school
117. An Indian child can be excused for attending schools under certain conditions
118. Protestant children don’t have to go to a Catholic school and vice versa
119. Truant officer be appointed, with powers of a peace officer (powers specified
which includes right to enter any place where a truant child may be)
120. schools on reserves and religious denominations that will run the schools
based on the predominate religion on the reserve
121. a separate school can be established for a separate religious denomination
122. definitions of: child, school, truant officer
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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)
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Education Jurisdiction:
How Will it Work?
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.
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Community Education Authority
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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)
First Nations Education Authority
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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 postsecondary edu system
First Nation Education Authority
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
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Participating First Nations
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Of the first 24 IFNs, 13 are now negotiating with INAC for
funding for jurisdiction
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Ahousaht First Nation
Canim Lake Band
Ditidaht First Nation
Fort Nelson First Nation
Gwa’sala Nakwaxda’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
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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
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STEP ONE:
•Indication of
interest by First
Nations
STEP TWO:
•Negotiations of
Canada-First
Nations Education
Agreement and
funding
•Mandate to
negotiate obtained agreement
(First Nations
level and federal
•Upon satisfactory
level)
negotiations, First
Nations proceed
to Initialing
STEP
THREE:
•Agreement
initialed
•3-year capacity
building period
formally begins
STEP FOUR:
•Upon Ratification
vote:
•Jurisdiction
obtained
•Community
Education
•Create Education Authority and First
Nations Education
Law, set up First
Nations Education Authority formally
Authority terms of in place
reference
•Develop required
tools and
resources
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Are there any comments, questions or
other ideas on the jurisdiction
discussions?
Feedback Requested
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
Visit www.fnesc.ca and click on the Jurisdiction
link (on the left).
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Phone FNESC toll-free: 1-877-422-3672
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Watch for information about Jurisdiction in the
FNESC newsletter and in FNESC’s fax
communications with First Nations schools and
communities
For More Information