Download - Education Jurisdiction ~ Where are We Now?
Education Jurisdiction ~ Where are We Now?
March 25, 2009Presented by Bonnie Eugene
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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
What is First Nations Jurisdiction over Education?
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.
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 school117. An Indian child can be excused for attending schools under certain conditions118. 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 reserve121. a separate school can be established for a separate religious denomination122. definitions of: child, school, truant officer
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Education Jurisdiction:How Will it Work?
Jurisdiction rests with Participating First Nation (PFN)FN passes law to set vision and guidelines for education
systemLaw may also create a Community Education Authority
(CEA)FN/CEA delegates some responsibilities to a regional First
Nations Education Authority (FNEA)
Community Education AuthorityFirst 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.
First Nations Education AuthorityFirst 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 Nation Education AuthorityThe 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
Participating First Nations
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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Negotiating First Nations
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’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
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Interested First Nations
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
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STEP ONE:•Indication of interest by First Nations
•Mandate to negotiate obtained (First Nations level and federal level)
STEP TWO:•Negotiations of Canada-First Nations Education Agreement and funding agreement
•Upon satisfactory negotiations, First Nations proceed to Initialing
STEP THREE:
•Agreement initialed
•3-year capacity building period formally begins
•Create Education Law, set up First Nations Education Authority terms of reference•Develop required tools and resources
STEP FOUR:•Upon Ratification vote:
•Jurisdiction obtained
•Community Education Authority and First Nations Education Authority formally in place
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Feedback Requested
Are there any comments, questions or other ideas on the jurisdiction discussions?
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For More Information
Visit www.fnesc.ca and click on the Jurisdiction link (on the left).
Phone FNESC toll-free: 1-877-422-3672Watch for information about Jurisdiction in the
FNESC newsletter and in FNESC’s fax communications with First Nations schools and communities