local education agreements : toolkit … · local education agreements (leas) have been a part of...

LocaLEducationagrEEmEnts

draFt - January 2013

Find these LEa resources online at www.fnesc.ca/lea

First Nations Education Steering Committee Suite #113-100 Park Royal South, West Vancouver, BC V7T 1A2 Toll-free in BC: 1-877-422-3672 T: 604-925-6087 F: 604-925-6097 www.fnesc.ca [email protected] Available online in the FNESC publications catalogue. Copyright © FNESC 2012

Table of conTenTs

InTroducTIon

secTIon 1: overvIew

1.1 What is an LEA? .................................................................................................................................1

secTIon 2: ProvIncIal ImProvemenT InITIaTIves and accounTabIlITy measures

2.1 Aboriginal Education Enhancement Agreements .............................................................................52.2 The BC Ministry of Education Accountability Framework .................................................................92.3 Other Ministry Accountability Mechanisms ....................................................................................142.4 Other Provincial Accountability Mechanisms ..................................................................................15

secTIon 3: conTexTual facTors for leas

3.1 Common Principles .........................................................................................................................173.2 Legal Commitments ........................................................................................................................183.3 Constitutional Obligations ..............................................................................................................203.4 Political Commitments ....................................................................................................................213.5 International Commitments .............................................................................................................25 secTIon 4: fundIng consIderaTIons

4.1 AANDC Funding Policies and Processes ...........................................................................................314.2 BC Ministry of Education K-12 Funding Policies and Processes .........................................................424.3 School District Funding Policies and Processes ..................................................................................594.4 First Nations Funding Agreements ..................................................................................................60

secTIon 5: negoTIaTIon and ImPlemenTaTIon sTraTegIes

5.1 Suggested First Steps.......................................................................................................................635.2 Preparing for Negotiations ...............................................................................................................655.3 Initial Meeting with Representatives of the School Board and the First Nations Negotiators .............675.4 The Process of Negotiating ..............................................................................................................675.5 Concluding an Agreement ..............................................................................................................705.6 Summary ........................................................................................................................................71

secTIon 6: InTroducTIon To The samPle lea ..............................................................................73

local educaTIon agreemenT ToolKIT

secTIon 7: samPle corresPondence

7.1 Sample Invitation to Begin Negotiations ..........................................................................................767.2 Sample Letter to Begin LEA Renewal Process ...................................................................................777.3 Sample LEA Implementation Timeline ..............................................................................................787.4 Sample Letter to Address LEA Implementation Challenge ................................................................797.5 Sample Letter Requesting an LEA-Related Strategy Session ..............................................................80

secTIon 8: relevanT school acT ProvIsIons .............................................................................81

secTIon 9: furTher ParTnershIP oPPorTunITIes .......................................................................89

secTIon 10: addITIonal resources ...............................................................................................91

secTIon 11: aPPendIces

A The New Relationship

B Transformative Change Accord

C Children in Care

D K-12 Funding – Aboriginal Education (Ministry Policy, updated 2003) and Per Pupil Block Rate

E Form 1701: Student Data Collection, Form Completion Instructions for Public Schools

F First Nations Billing Rate and LEA Accounts Receivable Form

G District Achievement Contract Guidelines

H BCTF Employment Equity Toolkit

I BCTF Aboriginal Education Policies

J Sample Terms of Reference: LEA Subcommittee

secTIon 12: samPle local educaTIon agreemenT

IntroductionandAcknowledgementsi

InTroducTIons and acKnowledgmenTs

Local Education Agreements (LEAs) have been a part of the educational landscape of British

Columbia (BC) since 1989, and in the past two decades First Nations communities and school

districts have had a variety of experiences with LEAs. While many First Nations and school districts

have reported significant benefits as a result of their LEAs, many have noted a range of challenges

related to their development and implementation. In spite of those varying experiences, LEAs rep-

resent an important opportunity to build more productive and respectful relationships between

First Nations and school districts, ultimately contributing to the creation of school environments

where First Nations students can thrive.

In response to requests from First Nations communities for LEA support and a sharing of prom-

ising practices, the First Nations Education Steering Committee (FNESC) developed this Toolkit

to provide relevant information and sample materials for use in preparing for, negotiating, and

implementing an LEA. FNESC is an independent society that works on behalf of all First Nations in

BC. A Board of Directors that includes representatives of over 100 First Nations communities leads

the organization, and FNESC has a mandate to promote greater educational success for all First

Nations learners in BC.

FNESC perceives its work in the area of LEAs as an integral part of its efforts to improve BC First

Nations education.

It is critical to note that FNESC does not negotiate LEAs directly. However, it does strive to provide

LEA-related assistance to First Nations by creating resources and delivering workshops, and by

responding to requests for information as effectively as possible.

This Toolkit was developed under the direction of the FNESC LEA Subcommittee and it was also

informed by feedback from participants in numerous LEA community workshops held in 2010,

2011 and 2012. In addition, valuable input was gathered through FNESC’s annual Regional Ses-

sions – information sharing meetings that take place each year in communities throughout BC.

FNESC gratefully acknowledges the past support of the BC School Trustees Association for the

LEA workshops. Additionally, the federal government’s Education Partnerships Program provided

local educaTIon agreemenT ToolKIT ii

the funding needed to hold the LEA workshops and for the creation of this Toolkit. The FNESC

LEA Subcommittee also provided invaluable insights and direction to make this Toolkit possible.

ImPorTanT noTe

The information within this lea Toolkit, including the lea sample, is noT legal

advice and should not be interpreted as such. The information is provided solely

within the context of fnesc’s mandate to provide technical and policy support

to first nations. first nations are always encouraged to seek independent legal

advice as required to address their particular circumstances and concerns.

IntroductionandAcknowledgementsiii

local educaTIon agreemenT ToolKIT iv

1 Overview1

overvIew

1.1 what is an lea?

A Local Education Agreement (LEA) is an agreement between one or more First Nation(s) and a

provincial school Board or an independent or private school. An LEA: outlines the terms for the

purchase of educational services by the First Nation(s) for status Indian students ordinarily resident

on-reserve but attending schools off-reserve; defines the relationship between the parties, areas

of mutual and respective responsibility; and, sets out an agreed upon payment schedule for the

purchase of education programs and services by the First Nation(s). It also serves as a mechanism,

in addition to Aboriginal Education Enhancement Agreements, to influence how school districts

provide education services for First Nation students.

At an administrative level, Aboriginal Affairs and Northern Development Canada (AANDC)

requires that an LEA be in place before AANDC will flow tuition funding through a First Nation,

instead of directly to the Province. AANDC views LEAs as tuition agreements that are intended

to “provide funding to First Nations for the purchase of education services for eligible on-reserve

kindergarten to grade 12 students attending provincial schools.” AANDC requires that:

LEAs include a discrete term for the agreement or a termination clause;

Students for whom tuition funding is provided under the LEA must be registered in the Indian •

Registry System and ordinarily resident on-reserve;

Funding be calculated using the FTEs on the current Nominal Roll and the Block rate for the •

school district, as determined by the Ministry of Education;

LEAs include a mechanism for dispute resolution; and•

LEAs be signed by proper authorities from the relevant First Nation(s) and the school district. •

1

local educaTIon agreemenT ToolKIT 2

Perhaps most importantly, LEAs represent a mechanism for promoting greater and more mean-

ingful First Nations involvement in the public education system, and for formalizing a mutual

commitment to improving levels of achievement by First Nations learners. LEAs are an impor-

tant tool that can be used to uphold the principles of education contained in the 1972 policy

document Indian Control of Indian Education1, which asserts local control and the rights of

Indian parents to determine the kind of education they want for their children. It is that broader

perspective of LEAs – as a tuition agreement and a mechanism for mutual commitment and

accountability, increased parental and local control, and improved outcomes – that provides the

foundation for this Toolkit.

Q. why are leas ImPorTanT?

LEAs are a mechanism for First Nations to have a stronger voice in the education of their

children and help to improve educational outcomes for First Nations learners. They serve as a

tuition agreement whereby a First Nation pays the tuition for its students (for whom the First

Nation receives funding) who attend provincial public or independent schools off-reserve,

while correspondingly setting out the roles and responsibilities of school districts and First

Nations for the education of First Nation learners. In this regard, the LEA is an important

accountability mechanism to ensure that First Nations learners receive appropriate education

services for the funding that is provided to the school district.

Effective LEAs can also:

Recognize the inherent and traditional rights of First Nations with respect to the educa-•

tion of their children;

Acknowledge the traditional territory of First Nations and the importance of accurately •

representing their languages and cultures in school curricula and activities;

Contain mutually agreed upon and measurable indicators of success for First Nation •

students;

Address accountability and compliance; •

Include clauses to facilitate open communications between First Nations and school dis-•

tricts regarding all education issues affecting First Nation students, parents/guardians, and

political leaders; and

1 This document has been updated by the Assembly of First Nations in the document, First Nations Control of First Nations Education. www.afn.ca/uploads/files/education/3.

1 Overview3

Contain a meaningful, rigorous dispute resolution mechanism that may be brought into •

use when challenges arise.

LEAs are also important because they are required by AANDC for First Nations entering into

multi-year funding arrangements. If an LEA is in place for First Nations students attending a

public school, AANDC will fund the First Nation for their tuition and the First Nation will then

pay the school district based upon the terms of the LEA. If no LEA is in place, AANDC will

fund the Province directly for tuition fees for on-reserve First Nation students.

For First Nations students attending private/independent schools, AANDC will fund the First

Nation directly for tuition fees and the First Nations will then fund the school. However, if

the First Nation has more than 10 students attending one private/independent school, an

LEA must be in place before AANDC will release payment to the First Nation for those stu-

dents.

2ProvincialImprovementInitiativesandAccountabilityMeasures5

ProvIncIal ImProvemenT InITIaTIves and accounTabIlITy measures

LEAs, while distinct from other types of agreements and accountability mechanisms that exist

within the public education system, can be best understood when considered within the context

of other initiatives and commitments of the provincial government. Some of these key initiatives

are described below.

2.1 aboriginal education enhancement agreements

An Aboriginal Education Enhancement Agreement (EA) is a formal arrangement between a

school district, all local Aboriginal communities, and the Ministry of Education intended to

enhance the educational achievement of Aboriginal students. EAs are intended to establish col-

laborative partnerships between Aboriginal communities and school districts that involve shared

decision-making and setting of specific goals to meet the educational needs of Aboriginal stu-

dents.2 They are considered an improvement initiative by the Ministry.3

EAs are used to highlight the importance of academic performance and, more importantly, stress

the integral role of traditional languages and cultures in promoting student development and suc-

cess. Fundamental to EAs is the requirement that school districts provide strong cultural programs

appropriate to the local peoples on whose traditional territories the districts are located.4

EAs are intended to address specific performance and delivery expectations for all Aboriginal

learners. The Ministry describes the following as elements of an EA:

The Aboriginal communities must be represented by a unified body whose authority to speak •

for the Aboriginal communities is accepted by the Aboriginal communities;

2 http://www.bced.gov.bc.ca/abed/agreements/#whatisea

3 http://www.bced.gov.bc.ca/schools/sdinfo/acc_contracts/achievement-guidelines-13.pdf

4 http://www.bced.gov.bc.ca/abed/agreements/

2


Shared decision making by the Aboriginal communities and the school district must be an •

established practice;

Both the Aboriginal communities and the school district must support participation in the •

Enhancement Agreement;

Joint consultation and collaboration between the Aboriginal communities and the school dis-•

tricts will enable vision and goal setting in all areas of education for all Aboriginal learners;

The Aboriginal communities and the school district track key performance indicators at the •

student level;

The Aboriginal communities and the school district must be committed to regular reporting of •

results, including an evaluation and reporting process on the outcomes of the Enhancement

Agreements;

The scope of the Aboriginal Education program must include a focus on continuous improve-•

ment in the academic performance of all Aboriginal students;

Meeting the cultural needs of Aboriginal students must be included in all aspects of learning. •

This includes resources, strategies and assessment; and

Focus on increasing knowledge of and respect for Aboriginal culture, language and history is •

key, as it enables a greater understanding for everyone about Aboriginal people.

Q. are eas reQuIred by The mInIsTry of educaTIon?

No, EAs are not required by the Ministry. However, in recognition of the fact that British

Columbia schools were not succeeding in ensuring that Aboriginal students received a qual-

ity education - one which helped students to succeed in the larger provincial economy while

maintaining ties to their culture - the Chiefs Action Committee, the provincial Minister of

Education, the federal Minister of Indian and Northern Affairs, and the President of the BC

Teachers Federation signed a Memorandum of Understanding (MOU) in 1999 to signal their

intention to work together within their respective mandates to improve school success for

Aboriginal learners in British Columbia.” The MOU was followed by the negotiation of EAs


throughout the province. Through these agreements, new relationships and commitments

were made to improve the educational success of Aboriginal students.5

Since 1999, the Ministry has encouraged each school board to enter into EAs with represen-

tatives of the entire Aboriginal population within its district, or catchment area, including the

First Nations.

Further, every school district must have an achievement contract (public commitments by

the Board of Education to improve success for each student in the district) and must identify

how the achievement contract aligns with other improvements initiatives such as EAs.6

Q. who develoPs and ImPlemenTs eas?

Each school district and the local Aboriginal communities are expected to work together to

develop an EA that sets out a “five year vision of success for First Nations, Métis and Inuit

students in each school district.” All relevant Aboriginal communities are expected by the

Ministry to be represented by a unified body whose authority to speak for the Aboriginal

communities is accepted by the Aboriginal communities themselves.7 Each school district es-

tablishes an Aboriginal Education Committee that is responsible for ensuring that all Aborigi-

nal communities are involved in the process of developing the EA.8 The Ministry’s Aboriginal

Education – Learning Division is also involved in the process.

School districts are responsible for ensuring the continued involvement of the communities

in implementing the Agreement.

Q. who deTermInes If eas are maKIng a dIfference To educaTIonal ouTcomes for aborIgInal sTudenTs?

School districts with signed EAs submit an annual report to the Ministry that details the

progress of the district in meeting the goals outlined in the EA. The annual report is intended

to help to communicate student progress in each goal area. It includes performance data

over time, goals and indicators, as well as strategies and targets.”9 The report also is used to

support ongoing conversations among all signatories to the EA.

5 http://www.bced.gov.bc.ca/abed/agreements/

6 Ministry of Education, District Achievement Contract Guidelines 2012-2013, at p. 2.

7 http://www.bced.gov.bc.ca/abed/agreements/criteria.htm

8 Not all school districts have EAs or Aboriginal Education Councils. However, FNESC is actively advocating that every school district have an Aboriginal Education Council, whether there is an EA in place or not.

9 http://www.bced.gov.bc.ca/abed/agreements/brochure.pdf


EAs are five-year agreements. When the expiration date approaches, the parties develop a

new EA by re-engaging and undertaking a full review of goals and student needs. Success

is measured by continuously assessing all forms of information and input, including district,

school and Ministry data, as well as information from community surveys.10

In terms of improving Aboriginal student success, the Ministry describes the following

“benchmarks” for progress:

Enhancement Agreements provide goals, indicators and targets. Goals are the outcome of

community input and dialogue. They provide the direction needed to improve the success of

Aboriginal students. They must be measurable and focus on student outcomes. The indica-

tors identify student progress for each goal and provide specific data so that progress can be

tracked. Targets are determined from baseline data. They are assessed annually to determine

whether they are realistic and attainable.11

Beginning August 1, 2012, a new Superintendent of Aboriginal Achievement will provide

leadership to help strengthen Aboriginal completion rates and rural education, and will also

work to promote improvements to EAs.

Q. Is fundIng avaIlable To suPPorT eas?

The 1701 Form Instructions state that, “while targeted funds may be used to support an EA,

it is important to recognize that the EA is a Board commitment and should not be viewed as

the sole responsibility of the Aboriginal education department and limited to targeted funds.

An Enhancement Agreement should also be supported through core funding.”12

EAs do not include funding provisions. However, the strategies and actions that the parties

to the EA decide on to reach the goals in the EA may use Aboriginal Targeted Education

Funding as one of the resources available to support those strategies or actions. The school

district and the Aboriginal representatives can use whatever resources that are available,

which may include Aboriginal Targeted Education Funding, to move toward accomplishing

their goal.



12 http://www.bced.gov.bc.ca/datacollections/september/public_school/pi1701.pdf.


2.1.1 The main differences between an lea and an ea

lea eawho are the parties? First Nation administering authorities

and school Boards of Education and/or private and independent schools

All Aboriginal communities (as repre-sented by a unified body with authority to speak for the Aboriginal communi-ties), school districts (as represented by Boards of Education), and the Ministry of Education

main purposes To afford First Nations and parents a stronger voice in the education of their students; to provide for the purchase of education services by the First Nations from the district for eligible students attending provincial schools; and to ensure accountability for First Nation learner outcomes

To establish collaborative partnerships between Aboriginal communities and school districts that involve a five-year vision and shared decision-making and specific goal setting to meet and the educational needs of Aboriginal stu-dents and enhance their achievement

accountability Although not formally part of the provincial accountability framework, LEAs are an important accountability tool for effective delivery of programs and services that meet First Nation student needs and lead to learner success in return for the payment of tuition fees

Every school district must have an Achievement Contract stating the Board of Education’s public commitments to improve success for each student in the district and identifying how it aligns with EAs

are they required? AANDC requires that a First Nation have an LEA in place with a school district, or independent/ private school for 10+ students, in order to flow tuition funding through the First Nation.

EAs are not required by the Ministry or AANDC, however the Ministry encour-ages every school district to have an EA

2.2 The bc ministry of education accountability framework

The Provincial Accountability Framework is rooted in the School Act and reflects a public commit-

ment to improve student results. The Accountability Framework:

Defines ‘accountability’ as responsibility for the improvement of achievement of each student in

the province;


Acknowledges that schools and districts are unique, and goals, objectives, targets, and evi-

dence used to demonstrate improvement are determined by the district, with the expectation

that each district will have targets for literacy (K-12), completion rates, and Aboriginal student

improvement;

Mandates parental involvement and encourages ongoing dialogue with all parents, partner •

groups, and the community;

Focuses on inquiry to identify areas of greatest need, monitor progress and critically analyze •

actions for effectiveness;

Promotes evidence-based, data-driven decision making with a focus on assessment for learn-•

ing; and

Provides professional support and expertise to districts.• 13

Key elements of the Framework include:

Achievement Contracts and Superintendent’s reports on student achievement;•

School Plans;•

School Planning Councils; and•

Superintendents of Achievement.•

Ministry policy requires each school and school board is required to develop plans for improve-

ment. Schools, Boards of Education and the Ministry of Education will monitor progress towards

improving student performance and will report these results to parents and the community.

Implementation may differ from district to district.14

achievement contracts

Under section 79.2 of the School Act, Achievement Contracts must be prepared and submit-

ted by the Board to the Minister on or before July 15 of each year, and must be made available

to residents of the school district and to parents of students attending schools in the district.

Achievement contracts detail the specific goals individual Boards of Education have set to

13 http://www.bced.gov.bc.ca/policy/policies/accountability_framework.htm



enhance student achievement, including intellectual, human and social development, and career

development.

The Ministry’s District Achievement Contract Guidelines 2012-2012 requires that Achievement

Contracts include the following five elements:

District context:1. description of the unique factors that have a major impact on decision-

making, including the assets and challenges that affect the district’s response to improving

student achievement;

Goals and Expectations (Targets): 2. for student performance over the next three years, with a

specific focus on student reading results, school completion levels, improving achievement

results for Aboriginal learners, and other matters as determined by the District;

Engage and Act (Actions):3. evidence-based strategies and actions to meet desired student

results;

Assessment and Evaluation: 4. use of data formatively to monitor the impact of actions on learn-

ers and intervene when students are not responding to such actions; and

Respond and Adjust:5. evidence from assessment and evaluation, including progress toward

achievement of performance targets should lead the District to confirm or adjust their goals

and actions.15

Achievement Contracts are three-year plans that are updated annually and form the basis for the

Superintendent’s annual Report on Achievement to the Board of Education.

The Guidelines include “Draft District Learning Performance Standards” that are a general set of

strategies to guide District improvement and are provided as a “valuable tool to guide school dis-

tricts in organizing their processes to support success for each student.” The Districts may choose

to refer to some, none or all of the standards in preparing their Achievement Contract. The Stan-

dards include: planning that supports a cycle of improvement; evidence-based decision-making;

continuous professional development; student and family engagement; community engage-

ment; collaboration and system-based alignment; and, openness and transparency of district

information.

15 http://www.bced.gov.bc.ca/schools/sdinfo/acc_contracts/achievement-guidelines-13.pdf


annual school Plans

Section 8.3 of the School Act requres that, by a date set by the Board of Education, a school

planning council must prepare and submit to the Board a school plan for the school in respect of

improving student achievement and other matters contained in the Board’s Achievement Con-

tract relating to that school. The school planning council must consult with the parents’ advisory

council during the preparation of the school plan. The Board must ensure the approved plan is

provided to parents of students attending the school.

school Planning councils

School planning councils are required to be established for each school under section 8.1 of the

School Act. School planning councils are responsible for developing, monitoring, and reviewing

school plans for student achievement, in consultation with the school community.16

A Board of Education must consult with a school planning council in respect of the follow-

ing: (a) the allocation of staff and resources in the school; (b) matters contained in the board’s

achievement contract relating to the school; (c) educational services and educational programs

in the school; and (d) school safety, including the installation and operation of video surveillance

cameras.

School planning councils are comprised of the principal, a teacher, three parents, and one student

from Grade 10, 11 or 12 (where applicable).

superintendents of achievement

Ministry appointed Superintendents of Achievement are part of the Achievement Division of the

Ministry. The division supports improving achievement in a number of ways, including:

Consulting with superintendents about the development of district accountability contracts;•

Inquiring collaboratively into performance and achievement data to help the ministry with its •

planning;

Connecting schools and districts with the appropriate resources and agencies to further •

develop their capacity to improve achievement;

16 http://www.bced.gov.bc.ca/spc/intro.htm.


Identifying resources, strategies and structures that show promise of improving student learn-•

ing results;

Communicating standards for achievement and assisting districts in developing standards for •

each unique learning environment;

Facilitating educator networks to share promising practices and learn together;•

Analysing education data to help districts use it in their plans to improve student achieve-•

ment; and

Acting as critical friends to improve the quality of dialogue and decision making aimed at •

improved student achievement.

The Superintendents of Achievement meet with District Superintendents at least once a year to

discuss district efforts to support student achievement and plan for the future. Superintendents

of Achievement provide professional expertise and support, and they help to build capacity at the

provincial and other levels. Superintendents of Achievement also monitor district planning and

results.17

Beginning August 1, 2012, a new Superintendent of Aboriginal Achievement will provide leader-

ship to help strengthen Aboriginal completion rates and rural education, and will also work to

promote improvements to EAs.18

Absent from this accountability framework is any mention of LEAs, which underscores

the need for greater attention to the potential of these agreements to contribute in a

meaningful way to the overall framework for Aboriginal education in the public edu-

cation system. In fact, FNESC and First Nations generally perceive LEAs as very valuable

tools for accountability and for the promotion of relevant actions to raise achievement

levels for First Nations learners.


18 http://www.marketwire.com/press-release/leadership-position-to-strengthen-aboriginal-education-1667774.htm


2.3 other ministry accountability mechanisms

In addition to the formal Accountability Framework described above, the Ministry of Education

has created a number of other related processes and approaches with relevance for accountability

and reporting on student results.

how are we doing? report (hawd)19

Each year, the BC Ministry of Education collects data to monitor the performance of Aboriginal

students in the BC public school system. That data is published annually in a report titled “How

Are We Doing?” (HAWD). The HAWD report includes demographic and assessment outcomes at

both provincial and school district levels and provides a mechanism for the Ministry, Aboriginal

communities and school districts to open dialogue and make recommendations for improving the

educational outcomes for Aboriginal students.20

District-level HAWD reports, plus other student achievement and demographics reporting, are

available on the BC Ministry of Education Reporting Website.

The potential role of the HAWD data in supporting LEA negotiations is discussed more in this

Toolkit in Section 5: Negotiation and Implementation Strategies.

compliance audits

The Funding and Compliance Branch, through Compliance Audits, supports the Ministry’s efforts

to provide accurate funding to Boards of Education. Student enrolment audits are conducted by

the Branch to: provide assurance to the ministry and school boards that ministry policy is being

followed; promote compliance with ministry funding directives; and support the accurate allo-

cation of education funds based on the funding formula. It conducts audits and reviews in the

following areas.21

special advisors

In addition to scheduled and random audits, under section 171.1 of the School Act the Minister

of Education can appoint a special advisor to review a school district’s progress in terms of fulfill-

19 http://www.bced.gov.bc.ca/abed/performance.htm

20 http://www.bced.gov.bc.ca/abed/performance.htm

21 http://www.bced.gov.bc.ca/policy/glossary.htm#compliance_audits


ing its accountability contract or to assist a Board with educational, financial, or community issues

within the district.

bc’s education Plan

It should be noted that the Ministry of Education is currently developing BC’s Education Plan

which is based on one principle: “every learner will realize their full potential and contribute to

the well-being of our province.” The Plan has five key components:

Personalized learning for every student;1.

Quality teaching and learning;2.

lexibility and choice;3.

High standards; and4.

Learning empowered by technology.5. 22

Under BC’s Education Plan, the Ministry purports that the system “will be more flexible, dynamic

and adaptable to better prepare students” and that a more personalized approach to learning will

be available to all learners in BC.

The Plan is still in development and its full scope unknown; however, it may result in legislative,

policy and funding changes once it is completed and moves into the implementation phase.

These changes could have varying implications for First Nation learners and First Nations relation-

ships with the Ministry and school districts.

2.4 other Provincial accountability mechanisms

It should be noted that various other agencies outside the Ministry of Education work with the

Province to determine where improvements can be made in provincial policies and systems for the

betterment of children and students. For example, the Representative for Children and Youth has

a mandate to improve services and outcomes for children in BC through advocacy, accountability

and review. The Representative advocates on behalf of children and youth to ensure services meet

their needs, advocates for improvements to the system of services for children, youth and their

families.

22 http://www.bcedplan.ca/happening.php

3ContextualFactorsforLEAs17

conTexTual facTors for leas

3.1 common Principles

A number of common principles have been continually expressed by First Nations people in

regard to the education of their children, and these principles will ideally inform the develop-

ment and implementation of LEAs. Generally, the principles have been articulated in several major

reports of recent years, including the Report of the Royal Commission on Aboriginal Peoples

(1996), the Final Report of the Minister’s National Working Group on Education (2002), and the

Assembly of First Nations document First Nations Control of First Nations Education (2010).

The First Nations Education Steering Committee (FNESC) has summarized the common principles

in the following way.

First Nations learners must have an education that…

Ensures that they are confident in their self-identity, their families, their communities and •

traditional values, languages and cultures.

Gives them the skills they need to thrive in contemporary society, including 21st century •

technological skills.

Prepares them to access any opportunities they choose for higher learning, employment and •

life choices.

FNESC also maintains that the four principles for renewed relationships that are set out in the

Report of the Royal Commission on Aboriginal Peoples should be reflected in all stages of LEA

development and implementation. Those four principles are:

Mutual recognition;•

Mutual respect;•

3


Sharing; and•

Mutual responsibility.•

Additionally, many existing initiatives and agreements call for a concerted effort to promote

greater First Nations involvement in the public education system. These initiatives and agree-

ments, described in more detail below, include:

The agreements and legislation that recognize BC First Nations jurisdiction for education;•

National commitments to not make the same mistakes of the past and to improve First •

Nations education; and

High-level political commitments to respect and implement government-to-government rela-•

tionships through the bilateral New Relationship between First Nations and the Province, and

the tripartite Transformative Change Accord among First Nations, the Province and Canada.

LEAs are entirely consistent with all of these principles, documents, and commitments, as they

represent an important mechanism to promote a greater focus on improving First Nations student

outcomes, through such measures as increasing the role of First Nations representatives and par-

ents in the education of their children.

3.2 legal commitments

In British Columbia, First Nations have been working for many years toward the primary objective

of First Nations control over First Nations education. First Nations have made significant progress

in establishing the foundation for a comprehensive, integrated and responsive British Columbia

First Nations Education System that addresses the uniqueness of First Nations education in British

Columbia. This System includes legal agreements with both the Government of Canada and the

Province of British Columbia, and the ongoing development of programs and systems to address

such things as improved instruction, teacher and principal supports, rigorous school planning pro-

cesses, school certification, and emerging data collection and management. Together, these have

set First Nations in BC on a forward path to full control over the education of our children.


bc first nation education Jurisdiction agreement

In July 2006, Canada, BC and FNESC signed an Education Jurisdiction Framework Agreement.

While the main focus of the Framework Agreement is the recognition of First Nations jurisdiction

over education on-reserve, the BC First Nation Education Agreement (“BC Education Agree-

ment”), signed by FNESC and the Province of BC and attached to the Framework Agreement,

addresses a broader range of issues, including a commitment to develop a new First Nations-

focused English 12 course (which has been completed and is now being used throughout BC)

and to pay the tuition of non-status and off-reserve students who attend First Nations operated

schools (resulting in the subsequently signed reciprocal tuition agreement). The BC Education

Agreement also commits the parties to high-level engagement on a range of issues affecting First

Nations education.

In terms of this Toolkit, the most relevant commitment made in the BC Education Agreement

is that outlined in section 1.9: to “continue to work with School Boards and First Nations to

encourage and assist with the development of Local Education Agreements.” This work is

intended assist in the fulfillment of that commitment.

Tripartite education framework agreement

In January 2012, FNESC, the Government of Canada, and the Province of British Columbia signed

a Tripartite Education Framework Agreement (TEFA). This new agreement provides the founda-

tion for a new funding arrangement that will provide funding to First Nations schools that is more

flexible and comparable to that provided to public schools by the Province, with specific adap-

tations. The TEFA also provides more comprehensive, flexible, and sustainable funding for the

provision of second level services for First Nations education, building upon and supporting the

research-based and appropriate British Columbia First Nations school system.

Both the federal and provincial governments made legal commitments in TEFA, such as com-

mitting to consult with FNESC on proposed changes to legislation, policy or standards that may

materially affect First Nations.


3.3 constitutional obligations

Section 35(1), Constitution Act, 1982

Section 35(1) “The existing aboriginal and treaty rights of the aboriginal peoples of

Canada are hereby recognized and affirmed.”

Since 1982, 30 years of litigation has attempted to clarify and give meaning to section 35, with

much of the case law focusing on the nature and scope of Aboriginal rights, including Aboriginal

title and corresponding obligations of the Crown (governments). Importantly, the courts have

confirmed that Aboriginal rights, including Aboriginal title, exist in BC – where treaties remain

largely outstanding.

The courts have determined that Aboriginal rights fall on a “spectrum,” ranging from site-specific

rights, such as fishing, through to Aboriginal title, which is a legal interest in the land itself. The

courts have also found that First Nations have inherent self-government rights and that the Cana-

dian Constitution does not exhaustively divide powers between only the federal and provincial

governments.23

The courts have articulated some of the implications of Aboriginal rights (e.g. fishing for food,

social and ceremonial purposes has priority only after conservation purposes). The courts have

also established a number of legal principles to guide the unique relationship between the Crown

and Aboriginal peoples, confirming that the purpose of section 35 is reconciliation of the pre-

existing sovereignty of Aboriginal peoples with the assertion of Crown sovereignty.24 This unique

relationship gives rise to certain obligations on the Crown. In some cases, it will be a fiduciary

relationship (e.g. in relation to Indian reserves or proven Aboriginal title). In all cases, even where

there is no fiduciary duty, the Crown must act honourably in its dealings with Aboriginal peoples.

Prior to reaching treaties, the Crown has an interim duty to, in good faith, consult with and

accommodate Aboriginal peoples where the Crown contemplates a decision that may negatively

impact the Aboriginal peoples’ rights.

23 See Campbell et al v. AG BC/AG Canada & Nisga’a Nation et al, 2000 BCSC 1123.

24 Haida Nation v. British Columbia, 2004 SCC 73 and Taku River Tlingit First Nation v. British Columbia, 2004 SCC 74.


3.4 Political commitments

It is important to consider LEAs within the current political context, including the political and, in

some cases, legal commitments made by the Government of Canada and the Province of BC as

they relate to education and children. These commitments serve as an important foundation for

all strategies to improve the educational outcomes of First Nations students in BC.

statement of apology on Indian residential schools system (2008)

On June 11, 2008, Prime Minister Stephen Harper made a Statement of Apology on behalf of

Canada for the Government of Canada’s role in the Indian residential school system, calling the

treatment of children in Indian residential schools “a sad chapter in our history.” Prime Minister

Harper noted that, for more than a century, residential schools separated over 150,000 Aboriginal

children from their families and communities, and that two primary objectives of the system were

to remove and isolate children from the influence of their homes, families, traditions and cul-

tures, and to assimilate them into the dominant culture based on the assumption that Aboriginal

cultures and spiritual beliefs were inferior and unequal. He acknowledged that the objective was

essentially “to kill the Indian in the child.”

In his 2008 statement, Prime Minister Harper noted that 132 federally-supported residential

schools were located across Canada and were operated as “joint ventures” with churches. It was

an educational system in which children were often forcibly removed from their homes, taken far

from their communities, and inadequately fed, clothed and housed. All were deprived of the care

and nurturing of their parents, grandparents and communities.

Canada further recognized in the apology that the consequences of the Indian residential schools

policy were profoundly negative and that this policy has had a lasting and damaging impact on

Aboriginal culture, heritage and language, and has contributed to social problems that continue

to exist in communities today. Prime Minister Harper stated that the government recognized that

the absence of an apology has been an impediment to healing and reconciliation and, so, on

behalf of the Government of Canada and all Canadians, he apologized to Aboriginal peoples for

Canada’s role in the Indian residential schools system.

“To the approximately 80,000 living former students, and all family members and

communities, the Government of Canada now recognizes that it was wrong to forcibly remove

children from their homes and we apologize for having done this. We now recognize that it

was wrong to separate children from rich and vibrant cultures and traditions, that it created

a void in many lives and communities, and we apologize for having done this. We now

recognize that, in separating children from their families, we undermined the ability of many


to adequately parent their own children and sowed the seeds for generations to follow, and

we apologize for having done this. We now recognize that, far too often, these institutions

gave rise to abuse or neglect and were inadequately controlled, and we apologize for failing to

protect you. Not only did you suffer these abuses as children, but as you became parents, you

were powerless to protect your own children from suffering the same experience, and for this

we are sorry.

The burden of this experience has been on your shoulders for far too long. The burden is

properly ours as a Government, and as a country. There is no place in Canada for the attitudes

that inspired the Indian Residential Schools system to ever prevail again. You have been

working on recovering from this experience for a long time and in a very real sense, we are

now joining you on this journey. The Government of Canada sincerely apologizes and asks the

forgiveness of the Aboriginal peoples of this country for failing them so profoundly.”

Following Prime Minister Harper’s apology, implementation of the Indian Residential Schools

Settlement Agreement began on September 19, 2007 to address healing, reconciliation and reso-

lution of the legacy of Indian residential schools. A key part of the Settlement Agreement is the

Indian Residential Schools Truth and Reconciliation Commission.25

new relationship (2005)

In the spring of 2005, the Government of BC engaged in negotiations with the political execu-

tives of the First Nations Summit, Union of BC Indian Chiefs and BC Assembly of First Nations

(collectively called the “First Nations Leadership Council”) to find a better way forward in Crown-

First Nations relations in this province. The negotiations resulted in the New Relationship vision

of “a new government-to-government relationship based on respect, recognition and accom-

modation of aboriginal title and rights,” and a commitment to work together to achieve strong

governments, social justice, and economic self-sufficiency for First Nations. The vision (which is

attached in full at Appendix A) includes the following goal.

“To restore, revitalize and strengthen First Nations and their communities and families to

eliminate the gap in standards of living with other British Columbians, and substantially

improve the circumstances of First Nations people in areas which include: “education, children

and families, and health, including restoration of habitats to achieve access to traditional foods

and medicines” (emphasis added).

25 For more information on the Truth and Reconciliation Commission of Canada see: http://www.trc.ca/websites/trcinstitution/index.php?p=3


Since 2005, the Province has made several strong commitments to First Nations that provide an

important platform for progress. It is important that these commitments be maintained and that

the Province work with First Nations to implement practical measures for their advancement. In

this regard, the New Relationship provides a foundation for strong political support and an incen-

tive for finding ways to improve First Nations student achievement levels, including enhanced

accountability mechanisms.

Transformative Change Accord (2005)

Building on the New Relationship vision, the Government of BC, the First Nations Leadership

Council, and the Government of Canada signed the historic Transformative Change Accord at the

conclusion of the First Ministers Meeting on Aboriginal Issues on November 25, 2005 (attached

in full as Appendix B). The parties agreed that “new approaches for addressing the rights and

title interests of First Nations are required if First Nations are to be full partners in the success and

opportunity of the province.” Further, they specifically “committed to strengthening relation-

ships on a government-to-government basis, and on focusing efforts to close the gap in the areas

of education, health, housing and economic opportunities.” In particular, the parties agreed to

work to close the social and economic gap between First Nations and other British Columbians

over the next 10 years. The parties agreed to close the gap in education by:

Concluding a tripartite agreement on First Nation jurisdiction over K-12 education; •

Supporting First Nation learners;•

Focusing resources on early childhood learning and post-secondary training, including •

skills, training and apprenticeships; and,

Creating a high quality learning environment for First Nation students through curriculum •

development, teacher certification and the early detection of, and response to, learning

disabilities.

The parties also set out possible indicators of success.

First Nations children exhibiting readiness for Kindergarten.•

Aboriginal students meeting expectations in reading, writing and numeracy (Foundation •

Skills Assessment).


K-12 (or Dogwood equivalent) completion rates.•

Aboriginal students enrolled in post-secondary education (alternatively “highest level of •

education attained”).

Number of First Nation teachers. •

K-12 curriculum modules. •

It is important that these commitments be maintained and that public governments work with

First Nations to achieve the established goals within the 10-year targeted timeframe (2006 to

2016).

The auditor general’s reports on aandc’s education Program and aandc’s response

In a series of reports in 2000, 2004 and 2011, the Auditor General of Canada examined the

extent to which AANDC had addressed recommendations of the Auditor General and followed

through on its commitments, including those related to AANDC’s education program.

Generally, the Auditor General reported in 2004 on the urgent need to close the educational gap

and indicated that “failure to address the gap continues to have significant consequences for First

Nations people living on reserves.” Similar comments were included in the subsequent Auditor

General report.

Specifically in regard to LEAs, in 2000 the Auditor General identified a number of issues related

to tuition agreements between First Nations and school boards, including a lack of clarity on

whether First Nations received adequate support to help them negotiate tuition agreements

effectively. In 2004, the Auditor General stated that AANDC needed to ensure that tuition agree-

ments are in place so that provincial schools provide for the education needs of First Nations

students and that the responsibilities of all parties are clearly set out. The Auditor General also

recommended that AANDC play a more active role in ensuring that tuition agreements are

adhered to and that AANDC fulfills its own responsibilities.

AANDC formally responded to the Auditor General’s 2004 recommendations, including agreeing

that tuition agreements should be in place and that the creation of the Regional Operations Sup-

port and Services Sector would help to ensure that this issue is addressed. However, in 2011 the

Auditor General concluded that, while AANDC had taken some actions and made some efforts in

this regard, those commitments and subsequent actions had often not resulted in improvements;


rather, in some cases conditions had worsened since earlier audits, including a widened education

gap.

3.5 International commitments

united nations Declaration on the Rights of the Child (1959)

In 1959, the United Nations adopted the Declaration on the Rights of the Child, including prin-

ciple 7, which states:

The child is entitled to receive education, which shall be free and compulsory, at least in the

elementary stages. He shall be given an education which will promote his general culture and

enable him, on a basis of equal opportunity, to develop his abilities, his individual judgment,

and his sense of moral and social responsibility, and to become a useful member of society.

The best interests of the child shall be the guiding principle of those responsible for his

education and guidance; that responsibility lies in the first place with his parents.

The child shall have full opportunity for play and recreation, which should be directed to the

same purposes as education; society and the public authorities shall endeavour to promote the

enjoyment of this right.

This Declaration marked the first major international consensus on the fundamental principles of

children’s rights.

united nations convention on the rights of the child (1989)

The Convention on the Rights of the Child is a treaty that was adopted by the United Nations

General Assembly in 1989. It is a legally binding instrument covering civil, political, social, eco-

nomic and cultural rights of the child adopted for all States and is intended to protect the rights

of children around the world.

The Convention represents the most comprehensive international text in existence that relates

to children’s rights. It contains 54 articles that establish the core of all children’s civil and politi-

cal rights, as well as their economic, social and cultural rights. The following articles focus on

education.


Article 28

1. States Parties recognize the right of the child to education, and with a view to achieving this

right progressively and on the basis of equal opportunity, they shall, in particular:

(a) Make primary education compulsory and available free to all;

(b) Encourage the development of different forms of secondary education, including

general and vocational education, make them available and accessible to every child, and

take appropriate measures such as the introduction of free education and offering financial

assistance in case of need;

(c) Make higher education accessible to all on the basis of capacity by every appropriate

means;

(d) Make educational and vocational information and guidance available and accessible to all

children;

(e) Take measures to encourage regular attendance at schools and the reduction of drop-out

rates.

2. States Parties shall take all appropriate measures to ensure that school discipline is

administered in a manner consistent with the child’s human dignity and in conformity with the

present Convention.

3. States Parties shall promote and encourage international cooperation in matters relating

to education, in particular with a view to contributing to the elimination of ignorance and

illiteracy throughout the world and facilitating access to scientific and technical knowledge and

modern teaching methods. In this regard, particular account shall be taken of the needs of

developing countries.

Article 29

1. States Parties agree that the education of the child shall be directed to:

(a) The development of the child’s personality, talents and mental and physical abilities to their

fullest potential;


(b) The development of respect for human rights and fundamental freedoms, and for the

principles enshrined in the Charter of the United Nations;

(c) The development of respect for the child’s parents, his or her own cultural identity,

language and values, for the national values of the country in which the child is living, the

country from which he or she may originate, and for civilizations different from his or her own;

(d) The preparation of the child for responsible life in a free society, in the spirit of

understanding, peace, tolerance, equality of sexes, and friendship among all peoples, ethnic,

national and religious groups and persons of indigenous origin;

(e) The development of respect for the natural environment.

2. No part of the present article or article 28 shall be construed so as to interfere with the

liberty of individuals and bodies to establish and direct educational institutions, subject always

to the observance of the principle set forth in paragraph 1 of the present article and to the

requirements that the education given in such institutions shall conform to such minimum

standards as may be laid down by the State.

The Committee on the Rights of the Child monitors implementation of the Convention, which

Canada ratified on December 13, 1991.

united nations Declaration on the Rights of Indigenous Peoples (2007)

The United Nations Declaration on the Rights of Indigenous Peoples (the Declaration) is the most

comprehensive, universal international human rights instrument to address the rights of Indige-

nous peoples. It elaborates on the economic, social, cultural, political, spiritual and environmental

rights of Indigenous peoples.

The Declaration reaffirms both basic individual rights, such as rights to life, to a nationality, and

access to justice, as well as collective rights, which include:

rights in relation to self-government and autonomous political, legal, social and cultural •

institutions;

cultural integrity; and•

lands, territories and natural resources. •

The Declaration recognizes in its Preamble “the right of indigenous families and communities

to retain shared responsibility for the upbringing, training, education and well-being of their


children, consistent with the rights of the child.” It further includes the following Articles on

education.

Article 14

1. Indigenous peoples have the right to establish and control their educational systems and

institutions providing education in their own languages, in a manner appropriate to their

cultural methods of teaching and learning.

2. Indigenous individuals, particularly children, have the right to all levels and forms of

education of the State without discrimination.

3. States shall, in conjunction with indigenous peoples, take effective measures, in order for

indigenous individuals, particularly children, including those living outside their communities,

to have access, when possible, to an education in their own culture and provided in their own

language.

Article 15

1. Indigenous peoples have the right to the dignity and diversity of their cultures, traditions,

histories and aspirations which shall be appropriately reflected in education and public

information.

2. States shall take effective measures, in consultation and cooperation with the indigenous

peoples concerned, to combat prejudice and eliminate discrimination and to promote

tolerance, understanding and good relations among indigenous peoples and all other

segments of society.

Article 21

1. Indigenous peoples have the right, without discrimination, to the improvement of their

economic and social conditions, including, inter alia, in the areas of education, employment,

vocational training and retraining, housing, sanitation, health and social security.

2. States shall take effective measures and, where appropriate, special measures to ensure

continuing improvement of their economic and social conditions. Particular attention shall be

paid to the rights and special needs of indigenous elders, women, youth, children and persons

with disabilities.


Although not legally binding, the Declaration “represents the dynamic development of interna-

tional legal norms and reflects the commitment of the United Nations’ member states to move in

certain directions.”4 It provides a detailed list of rights that constitute the “minimum standards”

for the survival, dignity and well-being of indigenous peoples of the world.

The Declaration was endorsed on September 13, 2007 by the United Nations General Assembly.

Canada, which originally voted ‘no’, finally endorsed the Declaration on November 12, 2010.

4FundingConsiderations31

fundIng consIderaTIons

4.1 aandc funding Policies and Processes

4.1.1 elementary/secondary education

The stated objective of AANDC’s Elementary/Secondary Education Program is “to provide eligible

students living on reserve with elementary and secondary education programs comparable to

those that are required in provincial schools by the statutes, regulations or policies of the prov-

ince in which the reserve is located.”27 Further, it is expected that eligible students will receive

a comparable education to other Canadians within the same province of residence and achieve

similar education outcomes to other Canadians and with attendant socio-economic benefits to

themselves, their communities and Canada.28

In support of this program objective, AANDC provides tuition (instructional services) funding for

eligible on-reserve students included on the Nominal Roll who attend grades K-12 in approved

elementary or secondary schools located off-reserve.

First Nations (band councils) are required “to ensure that students ordinarily resident on reserve

(with the exception of students who are living on leased land, and who are not registered Indi-

ans) have access to elementary and secondary school instructional and support services in a

band-operated, a provincial, a federal school, or a private/independent school recognized by the

Province as an elementary/secondary institution.29

27 AANDC Elementary/Secondary Education National Program Guidelines 2012-2013, p. 4.1-1.

28 AANDC Elementary/Secondary Education National Program Guidelines 2012-2013, p. 4.1-1; see also INAC BC Region Education Programs & Services Handbook (Last Update: 08/08/2005), p. Elem/Sec 1.


4


Q. whaT Is The nomInal roll?

The Nominal Roll is the registry of all eligible elementary and secondary students funded by

AANDC who attend a band-operated, federal, provincial or private school.30 It is an annual

census of eligible school-aged students ordinarily resident on reserve and attending band-

operated, federal, provincial, private or independent schools as of September 30.31

The Nominal Roll Student Census Report is now called the Nominal Roll Student and Educa-

tion Staff Census Report (DCI #462572).32 The new report combines three parts in one; the

previous school information, student census and education staff information forms are now

combined in the single Nominal Roll.33

BC First Nations are no longer required to complete page 2 of the Nominal Roll to report on

special education students and are seeking a BC-specific Nominal Roll under the auspices

of TEFA. Aggregate reports on special education students are made available through FNSA

for reporting in May of each year. Provincial schools also file an aggregate report on First

Nations students with special needs enrolled in their system.34

The Nominal Roll is used for the calculation of funding to First Nations administering au-

thorities responsible for the educational services provided to eligible students.

Q. who Is elIgIble To be on The nomInal roll?

Students are eligible to be placed on the Nominal Roll if they are:

Enrolled in AND attending• a provincial, federal, a band-operated or a private/indepen-

dent school recognized by the province in which the school is located as an elementary/

secondary institution35;

Aged 4 to 21 years• (or the age range eligible for elementary and secondary education

support in the province of residence) on December 31 of the school year in which fund-

ing support is required; and


31 Nominal Roll Manual (2009 2010), INAC BC Region Funding Services, p. 1.

32 AANDC BC Region Program Guide 2012/2013, p. 54.

33 The changes to the Nominal Roll in the context of TEFA has raised some unresolved issues that FNESC is working to address.


35 Schools are required to maintain a daily student attendance record. In order to be entered on the Nominal Roll, a student must be eligible, registered and have an established pattern of attendance, and attending on the last instructional day of September in a school year (the census date). Student eligibility is further confirmed by an on-site and in-office review by AANDC of student attendance. Some exceptions may apply (e.g. absences due to parpticipation in traditional pursuits, placement in care): AANDC Elementary/Secondary Education National Program Guidelines 2012-2013, p. 7.1-3.


Ordinarily resident on reserve• . This means the student lives at a civic address on reserve,

is a child in joint custody who lives on reserve most of the time, or is staying on reserve

and has no usual home elsewhere. (In this context, reserves are deemed to include all

land set aside by the federal government for the use and occupancy of an Indian band,

along with other Crown lands which are recognized by AANDC as settlement lands of

the Indian band of which the student is a resident)

Students continue to be considered ordinarily resident on reserve if they return to live on

reserve with their parents, guardians or maintainers during the year, even if the student

lives elsewhere while attending school or working at a summer job. If the parent(s) has

established an address within provincial jurisdiction, this implies that they are not “ordinarily

on reserve” nor are their dependents.

A student who is ordinarily resident on reserve lands that are commercially leased is not

eligible for funding unless that student is a registered Indian (i.e. non-registered students

living on leased land are not eligible to be on the Nominal Roll).36

In the case of a child in the care of a Family and Child Service Agency, the residency of the

child is determined by the residency of the family with whom the child is placed. A guard-

ian is a person who assumes authority for the child through a legal guardianship agree-

ment.37

Where the Child and Family Service Agency places that child in a care home off reserve,

that child can no longer be placed on the Nominal Roll for purposes of receiving AANDC

education funding.38

Q. who Is elIgIble To receIve fundIng from aandc?

All students eligible to be on the Nominal Roll are eligible to receive funding from AANDC

to attend a band-operated, federal, provincial, private or independent elementary or sec-

ondary school.

36 AANDC Elementary/Secondary Education National Program Guidelines 2012-2013, p.6.1-2 and 7.1-3. See also: INAC, Education Programs and Services Handbook (British Columbia) (Last Update: 08/08/2005), p. STE 1 and TUT 1.


38 Note, this means that, where the Child and Family Service Agency places a child in a care home off reserve, that child can no longer be placed on the Nominal Roll for purposes of receiving AANDC education funding. This is in contrast to AANDC’s First Nations Child and Family Services (FNCFS), which provides that “The residence of a child who comes into the care of a mandated child welfare authority is derived from the residency of the child’s parent or guardian at the time the child is taken into care. Individuals who are off reserve for the purpose of obtaining educational, medical or social services not available on reserve because there is no reasonably comparable service available there continue to be considered ordinarily resident”: http://www.aadnc-aandc.gc.ca/eng/1335464419148/1335464467186#chp6/. See also: Specific Program Terms and Conditions of the First Nations Child and Family Services National Program Manual, Social Policy and Programs Branch Headquarters (May 2005).


Q. whaT fundIng Is avaIlable from aandc for elIgIble sTudenTs aTTendIng ProvIncIal PublIc or IndePendenT / PrIvaTe schools?

Tuition (Instructional services) funding

AANDC provides Tuition (or Instructional Services) Funding for eligible K-12 students (i.e.

Status Code 1) to attend a provincial or a private / independent school recognized by the

Province as an elementary/secondary institution. For provincial and independent / private

schools, AANDC provides 100% of the Block rate for the relevant district, as set out in the

provincial Operating Grants Manual.

student support services

AANDC provides the following funding in the category of Student Support Services39:

Comprehensive Instructional Support Services (all school types)•

Ancillary Services (provincial and independent/private schools)•

Student Allowances or Financial Assistance•

Guidance and Counselling •

Accommodation Services•

Transportation•

comprehensive Instructional support services (all school types)

All First Nations administering authorities receive additional funding for their students at-

tending band-operated, provincial and independent schools, called Comprehensive Instruc-

tional Services funding, which may be used for such things as school supplies, accommo-

dation, transportation, financial assistance, or guidance and counseling. As of September

2012, the allocation Comprehensive Instructional Support Services is $77 per student per

year on each September’s Nominal Roll.

Block funded recipients have this funding built into their block funding.

39 INAC, Education Programs and Services Handbook (British Columbia) (Last Update: 08/08/2005), p. Elem/Sec 2.


Adult students are eligible for Comprehensive Instructional Support Services funding. 40

ancillary services (provincial and independent/private schools)

Ancillary Services funding is provided to First Nations for supplementary services for eligible

students attending provincial or independent / private schools, for such things as school

supplies, equipment, specialized educational services, and / or additional fees for specialized

classes.41 Funding for ancillary services is based on the number of students on the Nominal

Roll attending provincial and eligible independent schools. As of September 2012, the al-

location per eligible student for Ancillary Services will be $420.

For 2012/13 only, the ancillary services allocation is based on a combination of two rates:

$220 for the current methodology and $420 for the new methodology. The rate for the

combined school year for 2012/13 is $332. Otherwise, the rate will be $420 per student

per year.

Block-funded (multi-year) recipients have this allocation built into their block funding.

Adult students are eligible for Ancillary Services funding.42

student Transportation

AANDC’S Student Daily Transportation funding is available for eligible students attending

Band-Operated schools.

Daily transportation funding for students attending provincial, private or independent

schools is included in the per student (FTE) block rate. Adult students are eligible for a per-

centage of Student Transportation Funding, but not full amount.

First Nations with multi-year Aboriginal Recipient Funding Agreements (ARFA) have this al-

location built into their block funding arrangements.43

40 See AANDC BC Region Program Guide 2012/2013, p.63.

41 INAC, Education Programs and Services Handbook (British Columbia) (Last Update: 08/08/2005), p. AS 1.

42 See AANDC BC Region Program Guide 2012/2013, p. 62.

43 See AANDC BC Region Program Guide 2012/2013, p. 64; see also INAC, Education Programs and Services Handbook (British Columbia) (Last Update: 08/08/2005), p. TRANS 1 and 2.


student allowance (financial assistance)

AANDC provides allowances for eligible students in grades 8 through 12 based on the

number of students in those grades, including Special Students – that is, ungraded stu-

dents who may be taking courses at two different grade levels (i.e. courses in grades 8 & 9,

grades 9 & 10, or grades 11 & 12) as reported on the Nominal Roll.

Annual allocations per student are: Grade 8-10 & SS - $110; Grade 11 - $220; Grade 12

- $330.

Block funded (multi-year) recipients have this allocation built into their block funding.

Adult students are eligible for Student Allowance funding.44

guidance and counselling

AANDC provides funding to assist in the provision of K-12 Guidance and Counselling

administration services.45 This funding includes base salary and associated costs, such as

benefits, travel and telephone services. The formula is $134 per student per year, plus $837

per student per year with approved student accommodation services on the September

Nominal Roll.

Block funded (multi-year) recipients have this allocation built in their block funding.

Adult students are eligible for the base formula, but are not eligible for the supplement for

student accommodation services.46

accommodation services

AANDC provides Accommodation Services funding to assist eligible students who must

leave home to attend school. Students are eligible for this funding:

where there is no school with the appropriate grade levels or program within a reason-1.

able travelling distance; or

where the student requires placement in order to be near a medical facility.2.





Annual allocations for accommodation are made on the basis of the actual number of ap-

proved students who require group/boarding home assistance multiplied by $6,000. The

funding may be used for things such as room and board, clothing, monthly allowance and

seasonal transportation.47

For additional information on AANDC Education programs visit www.aandc-aadnc.gc.ca/edu/ep/

index-eng.asp and www.aandc-aadnc.gc.ca/ai/scr/bc/proser/fna/ed/index-eng.asp

Updated National Program Guidelines that provide terms and conditions for administering

elementary/secondary education program(s) are available at www.aandc.gc.ca/dci/dcilog-eng.

asp (select reporting year; BC Region; password: bc). Updated guidelines are now included in the

instructions of the DCIs for 2012-2013 reports.

4.1.2 aandc funding for students attending Provincial Public schools

AANDC provides tuition funding for eligible on-reserve K-12 attending provincial public

schools.48

first nations with leas

Where a First Nation has an LEA with the school district, AANDC provides tuition funding directly

to the First Nation administering authority. First Nations that are block funded by AANDC have

tuition built into their block funding (i.e. multi-year Aboriginal Recipient Funding Arrangements

(ARFAs)).49

First Nations with LEAs are funded for the entire year, except for those First Nations with LEAs

that expire by June 30, which are funded up to that date. Funds remaining under the terms of

agreement will be transferred to the First Nation when the LEA is renegotiated and a copy is sub-

mitted to AANDC.50

47 AANDC BC Region Program Guide 2012/2013, p.66.





New, renewed and extended LEAs must be submitted to the appropriate AANDC Funding Ser-

vices Officer and to the Lead, Resource Services by December 30.51 AANDC requires the First

Nation to provide notice in writing within 30 days of either a notice of early termination, or an

upcoming expiry of an LEA.52

Q. sInce fundIng Is calculaTed accordIng To a census TaKen on sePTember 30, can fundIng “follow” The sTudenT If ThaT sTudenT leaves The school afTer sePTember 30?

The First Nation is required by its funding arrangements with AANDC to pay the full tuition

rate to the school district based on the census (Nominal Roll) as of September 30. There is

currently no requirement that the school district return funding to the First Nation for early

school leavers. However, some existing LEAs include provision for funds associated with

early school leavers to be credited to the First Nation(s) for the provision of alternative edu-

cational opportunities for those students.53

first nations without leas

Where a First Nation does not have an LEA, AANDC provides tuition funding directly to the

Province on behalf of the First Nation.

4.1.3 aandc funding for students attending Independent or Private schools

Some parents choose to send their children to independent schools because these schools

provide a particular religious, cultural, philosophical or educational approach. The provincial

Independent School Act describes four classifications of independent schools.

Group 1 schools receive 50% of their local board of education per student operating grant •

on a per FTE student basis;



53 See for example: Sample LEA, Appendix K, LEA Toolkit, section 13.8.


Group 2 schools meet the same requirements but receive per student operating grants at the •

35% level because the school’s per student operating costs exceed the ministry grants paid

to the local board of education;

Group 3 schools receive no provincial funding; and •

Group 4 schools are also unfunded and cater primarily to non-provincial students.• 54

AANDC policy is to provide tuition funding for eligible on-reserve K-12 students attending Group

1 or Group 2 independent or private schools. AANDC will provide 100% of the correspond-

ing Block rate for the school district in which the independent or private school is located. This

includes special education funding.55 However, this changes under TEFA in that funding will be

determined by the Operating Grants Manual.

AANDC requires that First Nations administering authorities with more than 10 students (FTEs)

attending an independent or private schools have an LEA (or LEAs) in place before AANDC will

flow the funding to the First Nation administering authority. Where the First Nation has more

than 10 students attending an independent / private school, but has no LEA with the school,

AANDC will not allocate the funding directly to the First Nation and will pay the school directly.56

Where the First Nation has fewer than 10 students attending independent / private schools,

AANDC does not require that an LEA be in place, although it strongly recommends that First

Nations develop LEAs with all service providers in order to establish the terms and schedules for

services to students.57

54 Group 1 and 2 schools employ BC certified teachers have educational programs consistent with ministerial orders meet the learning outcomes of the BC curriculum. See http://www.bced.gov.bc.ca/independentschools/geninfo.pdf.



57 A First Nation may want to consider entering an LEA with an independent/private school, regardless of how many students are attending the school, in order to clearly set out the obligations of the parties with respect to instructional-services, including additional instructional services over and above those covered by the basic tuition. Regardless of how many First Nation students are attending the school, the First Nation will likely want a say regarding the instruction-related services provided to those students. An LEA may help achieve this and establish a more consistent process for engaging with school.


first nations with leas

Where a First Nation has a signed LEA outlining terms and schedules for tuition payment with

the independent or private school that is in good standing, AANDC provides the tuition funding

directly to the First Nation administering authority. First Nations that are block funded by AANDC

have tuition built into their block funding (i.e. multi-year Aboriginal Recipient Funding Arrange-

ments (ARFAs)).

Q. If The IndePendenT or PrIvaTe school charges less Than The blocK raTe, can The fIrsT naTIon reTaIn Those funds To be used for educaTIon PurPoses In TheIr communITy?

No. AANDC requires that any funding surpluses be returned to AANDC. The federal gov-

ernment categorizes education funding as a Set Contribution, which is a contribution for a

program, service or activity for which any unexpended funding or any ineligible expenditure

must be reimbursed to Canada.58 However, a First Nation would be entitled to negotiate

“additional instruction related services,” such as in an LEA with the school, to which the

First Nation may apply any funds over and above the independent school’s tuition costs.59

For example, First Nations may be able to negotiate funds to be used for after school tutor-

ing or culture and language programs.

Q. If The PrIvaTe / IndePendenT school charges more Than The corresPondIng blocK raTe, wIll aandc Pay The larger amounT?

No. AANDC will only pay up to 100% of the corresponding block rate per student (FTE).

58 See Aboriginal Recipient Funding Agreement Schedule “DIAND-2” – Set, Fixed, Flexible and Grant Funding Programs, Services and Activities to be Provided by the Council, General Terms and Conditions. See also INAC Year End Reporting Handbook: Funding Agreements covering Fiscal Year period 2011-2012, p. 10.

59 Letter from Paul Martinson, A/Manager Education, Funding Services, Programs and Partnerships, INAC, to Williams Lake Indian Band dated March 7, 2011


Figure 1 shows the distribution of tuition funds paid by AANDC in 2011/12 for: Provincial Tuition

through LEAs; Provincial Tuition direct to the Province; Tuition for Private Schools; Tuition for Band

Operated Schools; and, Tuition paid into Block Funding Arrangements with First Nations. In total, in

2011-2012 AANDC paid $105.9 million to the province for K-12 tuition.

4.1.4 authorized uses for Tuition funding

AANDC requires that tuition funding only be used to pay for educational services. All funding

must be paid to the school; any unexpended funds must be returned to AANDC. Any funding

used for ineligible purposes will be recovered from the First Nation by AANDC.

Q. can fIrsT naTIons wITh leas wIThhold fundIng as leverage To achIeve beTTer accounTabIlITy from The school dIsTrIcT?

Since the Government of Canada categorizes education funding as a Set Contribution,

any unexpended funding or any ineligible expenditure must be reimbursed to the Govern-

ment. Therefore, there is always a risk that if withholding education funds beyond the end

of the fiscal year, at audit time, any funds not expended for the purpose intended may be

recovered by AANDC. If there is dissatisfaction on the part of the First Nation with the way


in which the LEA is being implemented at the school or district level, the First Nation can

invoke the ‘dispute resolution’ provisions in the LEA.60

Q. can fIrsT naTIons use TuITIon funds To cover ITs cosTs assocIaTed wITh negoTIaTIon or admInIsTraTIon of The lea?

No. First Nation administration costs are not an allowable expense under federal financ-

ing authorities. It is expected that the First Nation will use Band Support Funding to cover

the costs associated with administering the education program, including negotiating and

implementing LEAs.

4.2 bc ministry of education K-12 funding Policies & Processes

4.2.1 funding allocation methodology

Under the School Act, the Province supports the provision of public education programs to

school age residents of BC ages 4-19.61 The Minister of Education is responsible for the provincial

public school system kindergarten to grade 12 and co-manages the education system with the

60 elected Boards of Education around the province. Funding is provided to Boards of Educa-

tion for the operation and provision of public education programs in BC based on the Operating

Grants Manual, as amended from time to time, in which the Province establishes the amount

of grant funding for public education annually. The Province uses a funding formula to allocate

these funds to Boards of Education. 62

Public school funding is allocated using a largely student-based funding system, with the major-

ity of funding allocated on a per FTE basis (enrolment-based funding). The simplified funding

formula comprises a student “base allocation” plus “supplementary grants.” Supplemen-

tal grants are provided to Boards of Education to address the variable costs associated with

declining enrolment, unique student needs (e.g. special needs, English as a Second Language,

60 To achieve more meaningful First Nation control over education funding would require a policy change by AANDC to enable a First Nation to hold back any tuition funding from a school or school district without being in breach of funding arrangements with AANDC.

61 The province has also committed to providing free adult basic education at post-secondary institutions and high schools.

62 See: Operating Grants Manual 2012/12, 2012/14, 2014/2015 (March 2012); see also: http://www.bced.gov.bc.ca/k12funding/ and http://www.bced.gov.bc.ca/k12funding/funding/12-13/welcome.htmIbid.


Aboriginal Education, vulnerable students), educator salaries, unique geographic factors, educa-

tion plan, and funding protection.

first nations administering authorities are encouraged to become familiar with the

operating grants manual and check for annual updates.


allocaTIon of oPeraTIng granTs 2012/2013

description allocationBasic Allocation for each eligible school age full time equivalent (FTE) student enrolled in Standard (Regular), Continuing Education and Alternate schools and reported in the September enrolment count;

$6,784

Basic Allocation for each eligible school‐age full‐time equivalent (FTE) student enrolled in Distributed Learning schools and reported in the September enrolment count

$5,851

Home School Students: for each registered home school student I (head count) reported in the September enrolment count

$ 250

Course challenge: for each eligible course challenge from the previous school year

1/32 of the Base Allocation for enrolment in

Standard schools

Plus broad categories of supplementary grants 63

Enrolment Decline, where enrolments decrease by more than 1% in a year;

Unique student needs, including: •Specialneeds, •English/FrenchLanguageLearning, •AboriginalEducation, •AdultEducationprograms; •Vulnerablestudents,basedon:economicconditions;demographicvulnerability

(e.g. Aboriginal population); social conditions (e.g. children in care); and educational attainment (e.g. adults without high school graduation);

Salary Differentials, for districts with higher average teacher salaries;

Unique Geographic Factors: small community; low enrolment; rural; climate; sparseness; student location

Education Plan

Funding Protection

Summer Learning

Table 1 Allocation of Operating Grants (2012/2013) provides an overview of the funding allocation methodology.

63 For 2011/12 there were seven Broad Categories of Supplementary Grants, including: Transportation and Housing and Formula Transition. According to the Ministry of Education, School District Reporting Financial Reporting Branch, Transportation and Housing has been rolled into “Unique Geographic Factors”.


4.2.2 first nation billing rates

The Ministry annually sets First Nation Billing Rates, formally known as the “Per Pupil Block

Rates,” which represent the average cost of a FTE student attending school in a school district.64

The First Nations Billing Rate takes into account the District Funding Allocation, as well as a

share of costs for the Provincial Learning Network,65 Pay Equity, BCeSIS,66 and the Annual Facil-

ity Grant.67 School districts use this rate to invoice First Nations for the provision of educational

services.

Other provincial funding sources may also be available to First Nations, such as Community

LINK.68 These are additional to funding provided by the Ministry of Education and are not

included in the First Nations Billing Rates.

Q. how can fIrsT naTIons wITh leas Tell If They are beIng overcharged by school dIsTrIcTs?

First Nations can apply the following formula to determine the amount the school district

should be invoicing them for the purchase of educational services for their students on the

Nominal Roll:

Student FTE as documented in the approved Nominal Roll (FTE Status Code 1) x

the First Nation Billing Rate (provided by the Province)69

In the unlikely event that a school district charges the First Nation more, the First Nation

should request a detailed accounting from the school district. School districts must fill out

64 http://www.bced.gov.bc.ca/accountability/district/lea_aandc_sg/

65 The Provincial Learning Network (PLNet) is a network infrastructure enabling communications and the delivery of educational content to schools and post-secondary institutions in British Columbia: see http://www.bced.gov.bc.ca/plnet/

66 BCeSIS is a province-wide student information system used by schools and school districts across the province. Users access the system over the internet, using it to track information about each student, ranging from their name and birth date to programs and courses completed and services received. The Ministry is currently assessing future directions for BCeSIS: see http://www.bcedplan.ca/actions/technology/bcesis-survey.php

67 2011-12 First Nation Billing Rates; see http://www.bced.gov.bc.ca/accountability/district/lea_aandc_sg/2011-12_first_nation_billing_rates.pdf

68 CommunityLINK (Learning Includes Nutrition and Knowledge) provides over $51 million in funding to all 60 boards of education to support vulnerable students in academic achievement and social functioning. The Ministry of Education allocates an additional $11.2 million to Boards of Education through a vulnerable student supplement. These funds help school districts provide services such as breakfast and lunch programs, inner city and community school programs, school-based support workers, and counselling for at-risk children and youth. CommunityLINK defines “vulnerable students” as those students who may be at risk in terms of academic achievement and social functioning. These students primarily come from less affluent socio-economic backgrounds. Questions, comments or suggestions about CommunityLINK? Please contact [email protected], B.C. Ministry of Education. See also: http://www.bced.gov.bc.ca/policy/policies/community_link.htm and http://www.bced.gov.bc.ca/communitylink/pdf/funding_1213.pdf

69 See: http://www.bced.gov.bc.ca/accountability/district/lea_aandc_sg/welcome.htm. For the 2011-2012 First Nations Billing Rates, see: http://www.bced.gov.bc.ca/accountability/district/lea_aandc_sg/2011-12_first_nation_billing_rates.pdf.


certain financial statements and an Local Education Agreement (LEA) / Direct-Funded Ac-

counts Receivable form.70

The First Nation may request information from the Ministry of Education, School District

Financial Reporting Branch, Resource Management Division, Victoria BC,

Phone: (250) 387-2429.

4.2.3 local education agreements / direct funding from first nations

The Ministry of Education requires school districts with LEAs to complete a “Local Education

Agreement (LEA)/Accounts Receivable Form (see Appendix F). This includes revenue from First

Nation administering authorities for the education of Aboriginal students covered under the LEA,

or from First Nations that have opted for direct tuition funding from the Federal Government.71

The Ministry offers no further policy information with regard to LEAs or Direct Funding from First

Nations.

4.2.4 Targeted aboriginal education funding

Ministry policy states that Targeted Aboriginal Education Funding requires the collaboration of

Boards of Education and local Aboriginal communities to develop and deliver Aboriginal educa-

tion programs and services that integrate academic achievement and Aboriginal culture and/or

language. The 1701 Form Instructions (September 24, 2012) state:

Aboriginal Education programs and services are intended to support the success of Aboriginal

students preferably through the implementation of an Enhancement Agreement (EA). This

includes strategies and structures which have been identified by the board working with its

Aboriginal communities to achieve the goals of the EA. Where an Enhancement Agreement is

not yet in place, it is still expected that programs and service are identified through the direct

involvement of Aboriginal communities working with the school board to support the success

of Aboriginal students.

70 http://www.bced.gov.bc.ca/accountability/district/

71 http://www.bced.gov.bc.ca/accountability/district/lea_aandc_sg/welcome.htm; Operating Fund Account Descriptions for British Columbia School Districts (May 2006), BC Ministry of Education Funding Department, p. 5.


Note: While targeted funds may be used to support an EA, it is important to recognize that

the EA is a Board commitment and should not be viewed as the sole responsibility of the

Aboriginal education department and limited to targeted funds. An Enhancement Agreement

should also be supported through core funding.72

School aged students of Aboriginal ancestry participating in Aboriginal education programs and

services offered by public schools are eligible for Targeted Aboriginal Education Funding. Adult

students are not eligible for this funding.

Students qualifying for Targeted Aboriginal Education Funding will be funded according to the

current year’s Operating Grants Manual.

Because funds provided to Boards of Education for Aboriginal education programs are targeted,

they must be spent on the provision of these programs and services. The delivery and outcomes

of Aboriginal programs and services must be documented.73

Funded Aboriginal education programs must be additional to any other programs and services to

which an Aboriginal student is eligible, including provincial base funding, ELL and Special Educa-

tion. The funding must not be used to replace other funded programs, such as Special Education

or ELL, and must not be used for the delivery of provincial curriculum (provincial curriculum

includes courses such as BC First Nations Studies 12 and English First Peoples 10, 11 and 12).74

Q. how much TargeTed aborIgInal educaTIon fundIng Is avaIlable for each QualIfyIng sTudenT?

At the time of writing, the supplementary grant for each Aboriginal Education headcount

student (targeted) is $1,160.75

The total targeted funding for Aboriginal education in the provincial public K-12 school

system for the 2010-11 school year was $61.5 million.76

72 http://www.bced.gov.bc.ca/datacollections/september/public_school/pi1701.pdf. Note: FNESC is advocating that every school district be required to have an Aboriginal Education Council to work with the district to improve First Nation learner achievement.

73 The Ministry suggests this documentation preferably be done through Aboriginal Education Enhancement Agreements: http://www.bced.gov.bc.ca/policy/policies/funding_abed.htm

74 http://www.bced.gov.bc.ca/policy/policies/funding_abed.htm

75 Operating Grants Manual, 2012/13, 2013/14, 2014/15, Table 4b, p.6.

76 http://www.bced.gov.bc.ca/abed/; see also http://www2.news.gov.bc.ca/news_releases_2009-2013/2010EDUC0121-001388.htm


Q. collaboraTIon regardIng The use of TargeTed aborIgInal educaTIon funds usually TaKes Place Through an aborIgInal educaTIon commITTee (or fIrsT naTIon educaTIon commITTee). sInce ThIs Is a commITTee of The school dIsTrIcT, how can fIrsT naTIons ensure They have a voIce In ThIs decIsIon-maKIng Process?

The First Nation’s representative on the Committee can request input into developing the

Terms of Reference for the Committee to ensure that the Committee works on consensus

decision-making basis.

A First Nation may also seek to negotiate in an LEA commitments that the school district

will ensure the First Nation is meaningfully involved, through an agreed upon process, in

the allocation of the Targeted Aboriginal Education Funding for Aboriginal education pro-

grams and services.77

Q. In our school dIsTrIcT, TargeTed aborIgInal educaTIon fundIng was used To Pay for a language course wITh a small enrolmenT ThaT should have been PaId for from core funds. Is ThaT allowed?

If the course was Ministry-approved (with an IRP), then it should be paid for from core

funds, not Targeted Aboriginal Education Funding. According to BC Ministry of Education

policy, Targeted Aboriginal Education Funding must not be used for the delivery of provin-

cial curriculum (provincial curriculum includes courses such as BC First Nations Studies 12

and English First Peoples 10, 11 and 12).

4.2.5 other bc ministry of education funding & services

special education services

The purpose of the Ministry’s special education program is to enable the equitable participation

of students with special needs in the educational system in BC. Students with special needs have

disabilities of an intellectual, physical, sensory, emotional, or behavioural nature, or have a learn-

ing disability or have exceptional gifts or talents. 78

77 For example, see Sample LEA, section 5.1(n)(ii).

78 http://www.bced.gov.bc.ca/specialed/


The Province identifies the following three categories of special needs.79

level 1 Dependent Handicapped (A) Deafblind (B)

level 2 Moderate to Profound Intellectual Disabled (C) Physically Disabled, Chronic Health Impaired (D) Visually Impaired (E) Deaf/Hearing Impaired (F) Autism Spectrum Disorder (G)

level 3 Intensive Behaviour Interventions Serious Mental Illness (H)

funding for students with special needs

To assist students with special needs to access and participate in educational programs, the Min-

istry includes in the Basic Allocation provided for all students (as set out in the Operating Grants

Manual as amended from time to time) funds to support students with other special needs,

including students with mild intellectual disability, learning disability, moderate behaviour sup-

port/mental illness, and students who are gifted. The Ministry also includes funds to support

Boards of Education in providing learning assistance, speech-language pathology services, hospi-

tal homebound services, and assessment services.80

To qualify, a student must be assessed and identified, and have an Individual Education Plan in

place. School districts that report students on the 1701 Form as one of the three levels, and who

are provided with special needs supports, will receive supplemental Special Needs funding, in

addition to the Basic Allocation. The supplemental Special Needs funds are not targeted to spe-

cific students, but are provided to school districts to support the needs of students within their

district.81

79 Section 106.3 (5) of the School Act provides the legal authority for special needs funding. See also Ministerial Order M150/89, the Special Needs Students Order: http://www.bced.gov.bc.ca/policy/policies/funding_special_needs.htm

80 http://www.bced.gov.bc.ca/policy/policies/funding_special_needs.htm; see also Special Education Services: A Manual of Policies, Procedures and Guidelines, Ministry of Education (March 2011), Appendix H.16 Summary: Funding Special Needs Policy, p. 31.

81 http://www.bced.gov.bc.ca/policy/policies/funding_special_needs.htm


School districts will receive, as part of the funding formula, the following.

Level 1 supplementary funding – $36,600 per full time equivalent (FTE)

Level 2 supplementary funding – $18,300 per FTE

Level 3 supplementary funding – $9,200 per FTE

A student with special needs may also be eligible to receive funding for Aboriginal Education or

English Language Learning if the requirements of these programs are also met.82

levels of special

needs as defined

by bc legislation/

regulations

description

special needs

supplementary

funding per fTe

Level 1 Dependent Handicapped (A) Deafblind (B)

$36,000

Level 2 Moderate to Profound Intellectual Disabled (C)

Physically Disabled, Chronic Health Impaired (D)

Visually Impaired (E)

Deaf/Hearing Impaired (F)

Autism Spectrum Disorder (G)

$18,300

Level 3 Intensive Behaviour Interventions Serious Mental Illness (H)

$9,200

Table 2 Special Needs Supplementary Funding - describes the levels of special needs and Special Needs Supplementary funding per student FTE.

Students claimed in Levels 1 through 3 must be receiving additional special education services on

a regular basis, other than Learning Assistance, Speech/Language Pathology, Counselling, Phys-

iotherapy, Occupational Therapy, Psychology, and Hospital/Homebound Instruction.

Where, in each of Levels 1, 2 and 3, enrolment is greater in February than it was the previous



September, 50% of the supplemental special needs per FTE funding amount is provided. No

adjustment is made for any declines in enrolment.83

Q. If one of our sTudenTs has been assessed as level 1 and QualIfIes for level 1 sPecIal needs suPPlemenTary fundIng, can we be cerTaIn ThaT The whole amounT wIll be dedIcaTed To The suPPorT of ThaT chIld?

Regrettably, no. The BC Ministry of Education policy states that these funds are not tar-

geted to specific students but, rather, are provided to school districts to support the needs

of students within their district.84 While there is no way to track the funds to a student,

students must be receiving the services.

Q. can sTudenTs be classIfIed as sPecIal needs JusT by a Teacher PuTTIng TheIr names on The 1701 form?

No. In order for a student to be classified as special needs and qualify for Special Needs

Supplementary Funding, the student must be appropriately assessed and identified, and

have an Individual Education Plan (IEP) in place.

Q. why should a sTudenT be assessed?

An assessment can be a very important tool in designing the best education program for

a child. Parents or legal guardians will be asked for permission before an assessment takes

place.

According to the School Act section 7(2), a parent of a student of school age attending a

school may consult with the teacher, principal, vice principal or director of instruction with

respect to the student’s educational program. Where a teacher, principal, vice principal or

director of instruction requests that a parent consult with regard to a student’s educational

program, the School Act requires the parent’s participation.

With respect to the development of a student’s Individual Education Plan, parents must be

offered the opportunity to be consulted.85

83 http://www.bced.gov.bc.ca/k12funding/funding/12-13/operating-grants-manual.pdf


85 See Sample LEA for further discussion and information on parental informed consent. See also Special Education Services: A Manual of Policies, Procedures and Guidelines, Ministry of Education (March 2011).


Q. whaT Is an IndIvIdual educaTIon Plan (IeP)?

An Individual Education Plan, or IEP, is a written plan developed for a student with special

needs that describes individualized goals, adaptations, modifications, and services to be

provided and measures for tracking achievement.86

Q. whaT Is meanT by “adaPTaTIon”?

Adaptations are teaching and assessment strategies especially designed to accommodate a

student’s needs. Many students are capable of achieving the goals of the regular curriculum

but require some changes to the way they are taught or assessed. Adaptations may include

alternate formats, e.g., braille or books on tape for visually impaired students, oral exams,

additional time or assistive technologies. When a student has program adaptations, the

student is working at grade level. Students with special needs whose programs are adapt-

ed are eligible to receive the Dogwood Diploma.87

Q. whaT Is meanT by “modIfIcaTIon”?

Some students may need more personal, individualized goals that are different from or

in addition to those set out at the regular grade level. A modified program has learning

outcomes that are substantially different from the grade level curriculum. Students who

are on a modified program should have had a complete Educational Assessment to ensure

that their needs could not be met with adaptations to the regular program. Students who

have been on a modified program will graduate with a BC School Completion (Evergreen)

Certificate – not a Dogwood Diploma.88

Q. when Is a sTudenT consIdered “gIfTed”?

A student is considered gifted when she/he possesses demonstrated or potential abilities

that give evidence of exceptionally high capability with respect to intellect, creativity, or

the skills associated with specific disciplines. Students who are gifted often demonstrate

outstanding abilities in more than one area. They may demonstrate extraordinary intensity

of focus in their particular areas of talent or interest. However, they may also have accom-

86 For more information, Sample LEA in this Toolkit. See also: Special Education Services: A Manual of Policies, Procedures and Guidelines, Ministry of Education (March 2011).




panying disabilities and should not be expected to have strengths in all areas of intellectual

functioning.89

FNESC will be seeking greater attention to the identification of gifted Aboriginal students in

the public education system.

supplement for unique student needs – vulnerable students

The Operating Grants Manual includes a Supplement for Vulnerable Students, which provides

funding to districts to assist with providing services to vulnerable students in addition to the

CommunityLINK special purpose grant.

The Vulnerable Student Supplement is calculated based on the following factors and sub‐compo-

nents and is part of the Block funding:

Economic conditions (65%) •

- Income Assistance (40%)

- Deep poverty (30%)

- Moderate poverty (30%)

Demographic vulnerability (12.5%)•

- Aboriginal population (50%)

- Single parent (30%)

- Recent immigrant (20%)

Social conditions (12.5%)•

- Children in care (60%)

- Serious crime (20%)

- Suicide/homicide (20%)

Educational attainment (10%)•

- Adults without high school graduation (100%)

The above formula was calculated and compared to the existing 2011/12 CommunityLINK allo-

cation. Districts that generate less funding through this formula than through their 2011/12

CommunityLINK will have their CommunityLINK funding maintained at 2011/12 amounts.

89 Special Education Services: A Manual of Policies, Procedures and Guidelines, Ministry of Education (March 2011), p. 52.


Districts that generate more funding through this formula will receive the portion above their

2011/12 CommunityLINK allocations through this supplement.

The Vulnerable Student Supplement will be provided in the amounts listed on Table 4c for each

school year 2012/13, 2013/14 and 2014/15.

communitylInK

The provincial CommunityLINK (Learning Includes Nutrition and Knowledge) programs and ser-

vices are intended to improve the educational performance, including the academic achievement

and social functioning, of vulnerable students, based on the rationale that vulnerable students

sometimes require extra support in order to achieve optimal educational outcomes.90

CommunityLINK provides over $51 million in funding to all 60 Boards of Education to support

“vulnerable students” in academic achievement and social functioning. (The Ministry allocates

an additional $11.2 million to Boards of Education through a Vulnerable Student Supplement, as

set out in the Operating Grants Manual. See above.) 91

In providing CommunityLINK programs and services, school districts will:

establish effective programs which directly support vulnerable students, •

target CommunityLINK funds to vulnerable students,•

support family and community involvement, and•

promote partnerships and an integrated approach to supporting vulnerable students with •

families, communities and service providers.92

90 For more information on CommunityLINK, see http://www.bced.gov.bc.ca/policy/policies/community_link.htm. For information on rates for 2012/2013, see: http://www.bced.gov.bc.ca/communitylink/pdf/funding_1213.pdf

91 The Vulnerable Student Supplement provides funding to school districts to assist with providing services to vulnerable students in addition to the CommunityLINK special purpose grant. The Vulerable Student Supplement formula was calculated and compared to the existing 2011/12 CommunityLINK allocation. Districts that generate less funding through this formula than their 2011/12 CommunityLINK will have their CommunityLINK funding maintained at 2011/12 amounts. Districts that generate more funding through this formula will receive the portion above their 2011/12 CommunityLINK allocations through this supplement: See Operating Grants Manual, 2012/13, 2013/14, 2014/15, Table 4c, p.7.

92 For more information on CommunityLINK, see http://www.bced.gov.bc.ca/policy/policies/community_link.htm. For information on rates for 2012/2013, see: http://www.bced.gov.bc.ca/communitylink/pdf/funding_1213.pdf


School districts have the decision-making responsibility and flexibility to determine the most

effective use of CommunityLINK funding for programs and services to support vulnerable stu-

dents. These funds help school districts provide services such as breakfast and lunch programs,

inner city and community school programs, school-based support workers, and counselling for

at-risk children and youth. CommunityLINK defines “vulnerable students” as those students who

may be at risk in terms of academic achievement and social functioning. These students primarily

come from less affluent socio-economic backgrounds.

Q. when Is a sTudenT consIdered To be “vulnerable” for PurPoses of communITylInK?

For the purpose of the CommunityLINK policy, the term “vulnerable students” means those

students who may be at risk in terms of academic achievement and social functioning.

These students primarily come from less affluent socio-economic backgrounds. In determin-

ing which students may be vulnerable, school districts may consider:

Low income measures; •

Involvement with the provincial social service ministries and related agencies; •

Community socio-economic demographics; •

Information obtained through community mapping; and •

Other relevant information including staff observations and self-identification.• 93

School districts may use a variety of data sources to determine the vulnerability levels and

needs within their district to determine appropriate program responses to address those

needs.

First Nations may want to seek to have input into the use of Community LINK funding

through their EA processes or LEA.

93 See http://www.bced.gov.bc.ca/policy/policies/community_link.htm


adult education

British Columbia is the one province that has an Education Guarantee94 for adult learners to

complete their graduation requirements leading to a BC Adult Graduation Diploma (Adult Dog-

wood) or a regular BC Dogwood Diploma.

non-graduated adults

Non-graduated adult students may take eligible courses that lead to the BC Certificate of Gradu-

ation (the Dogwood) or that lead to the Adult Graduation Diploma (the Adult Dogwood).95

A student is eligible to begin the adult graduation program at 18 years old. The student must

take at least three courses once admitted into the adult program, either through enrolment or

through the Prior Learning Assessment process.96 Students may carry over two eligible courses

taken before they were admitted into adult program. Students may take courses from either col-

leges or school districts, or they can take courses from both systems and combine their credits to

achieve their adult graduation diploma.97

Ministry policy states that schools should encourage students to work toward a graduation

diploma, ensure that students understand the requirements for graduation, and provide them

with guidance in planning and course selection.

Non-graduated adult students will be funded for eligible courses if they are documented on a

Course Enrolment Form (a document on file at the school listing the course(s) in which the stu-

dent is enrolled and the date(s) of enrolment) and if the student taking the course(s) meets the

attendance requirements 98. The student must also meet the criteria as set out in the K-12 Fund-

ing – General Policy, which requires that students must be:

ordinarily resident in BC,•

94 http://www.bced.gov.bc.ca/graduation/adult_courses.htm

95 “Eligible courses:” For non-graduated adult students, eligible courses include Ministry Authorized courses, Board/Authority Authorized courses, and courses listed in Appendix 1 of the Education Guarantee Information page. For information on the Education Guarantee Information: http://www.bced.gov.bc.ca/graduation/adult_courses.htm. The requirements for the BC Adult Graduation Diploma are defined in Ministerial Order 302/04, Graduation Program Order (2004 Graduation Program): http://www.bced.gov.bc.ca/legislation/schoollaw/e/m302-04.pdf and http://www.bced.gov.bc.ca/legislation/schoollaw/e/m320-04.pdf

96 See http://www.bced.gov.bc.ca/policy/policies/adult_grad_prgm.htm#statement. “Prior Learning Assessment” is a process that enables people to gain recognition and credit for what they already know and can do. Methods of assessment include a portfolio of evidence, projects and assignments, program evaluations, demonstration, oral questioning and course challenge.

97 http://www.bced.gov.bc.ca/policy/policies/adult_grad_prgm.htm#statement

98 http://www.bced.gov.bc.ca/policy/glossary.htm#attendance


enrolled in the district, •

under the supervision of, assessed and evaluated by an employee of the Board of Education •

who is certified by the Teacher Regulation Branch.

The Ministry will fund boards the equivalent per pupil funding of a 1-credit course for each suc-

cessfully completed course Challenge 99. To receive funding, enrolling boards of education must

report successful course challenges to the Ministry through the Transcript and Examinations

(TRAX) system by June 30 of the school year in which the Challenge occurred. More informa-

tion about reporting course Challenges can be found in the Handbook of Procedures as may be

amended from time to time.100

Schools must report credits earned by students to the Ministry for entry on student transcripts

for the calculation of graduation eligibility.

Credit for at least three of the courses needed to meet Adult Graduation Program requirements

must be acquired as an adult.101

Non-graduated adult students are eligible for special education funding if they have special

needs102:

Level 1 (categories A and B),

Level 2 (categories C through G) or

Level 3 (category H).

See K-12 Form Instructions, 1701 Form for category details (see Appendix E). Adult students

with special needs must also have been reported on the Form 1701 in the prior school year

(i.e., they are continuing their K-12 education program uninterrupted from when they were still

school age), and must be working towards the goals set out in their Individual Education Plan.103

99 A Challenge is a process whereby all students enrolled with a Board of Education are entitled to undertake a free Challenge process to assess their prior learning for any Ministry developed graduation program course offered by any Board of Education in the Province that school year, as well as any Board Authorized (BAA) course taught in the enrolling district that school year, provided the student has not already challenged the course and received a passing grade, or completed the course through previous enrolment, or granted equivalency for the course: http://www.bced.gov.bc.ca/policy/glossary.htm

100 http://www.bced.gov.bc.ca/exams/handbook/

101 http://www.bced.gov.bc.ca/policy/policies/adult_grad_prgm.htm#statement


103 http://www.bced.gov.bc.ca/policy/policies/funding_adults.htm


graduated adults

Graduated adults may take specific courses tuition-free under certain conditions.104 Effective

May 5, 2012, graduated adult students will be funded for a select group of upgrading and

literacy courses offered at continuing education centres, K-12 schools or through distributed

learning. Courses eligible for funding can be found in the provincial document “Courses Funded

Under the Education Guarantee of the Education Guarantee.” 105

To be eligible to claim for funding, the Board of Education must:

Pass a motion that it intends to provide tuition-free education to graduated adults in Con-•

tinuing Education and/or K-12 schools, and notify the ministry that it has done so; and

Ensure that graduated students are ordinarily resident in BC, enrolled in the district, and •

under the supervision of, assessed and evaluated by an employee of the Board of Education

who is certified by the Teacher Regulation Branch.

Eligible courses will be funded if they are documented on a Course Enrolment Form and if the

student taking the course(s) meets the attendance requirement.

All graduated adults will be funded at the adult course rate as per the Operating Grants Manual.

Graduated adults are not eligible for special education funding.

No adult students are eligible for ESL or Aboriginal Education Funding.106

For more information on adult education, see: http://www.bced.gov.bc.ca/policy/policies/fund-

ing_adults.htm



106 See http://www.bced.gov.bc.ca/policy/policies/funding_adults.htm


4.3 school district funding Policies and Processes

The Funding Allocation System allocates the General Operating Grants using individual district

enrolments and the specific factors that apply to each school district. Enrolment data is collected

under the School and Student Data Collection Order (M152/898). Under this Order, Boards of

Education are responsible for collecting and submitting the information to the Ministry on Form

1701: Student Data Collection (Appendix E).

Q. whaT Is The 1701 form?

Form 1701 Student Data Collection is an electronic file that is prepared at the school level,

which collects information about individual students.107 As of September 28, 2012, Form

1701 collects the following information about individual students.81108

Name, birth date, gender, grade level and postal code•

Language programs enrolment•

Aboriginal Education program enrolment•

Career program enrolment•

Special Needs category enrolment•

Number of courses for all students in the secondary grades including adults•

There is also a 1601 School Data Collection form completed at the school level to update

the demographics about schools.

Q. why Is The 1701 InformaTIon ImPorTanT?

The information collected in the 1701 Form is critical for:

Allocating funds to Boards of Education;•

Tracking student movement between schools and boards;•

Tracking enrolment trends in programs; and•

Board and school data summaries.•

107 Form 1701 is collected under the School and Student Data Collection Order (M152/89).

108 Form 1701 (dated July 6, 2012), p. 1701-1.


The information collected on Form 1701 is used in the calculation of FTE students for public

schools. The FTE values are then used to determine funding levels for the schools.

Operating Grants are calculated based on estimated enrolment data provided by school

districts. Operating Grants will be updated based on actual enrolment and other data col-

lected from school districts throughout the school year.

It is important to note that First Nations are seeking mechanisms to ensure availability of

resources for the provision of alternative educational supports for school age students who

leave the school after the September 30th student count.109

4.4 first nations funding agreements

The type of funding agreement through which the First Nation receives its federal funding has

implications for LEAs. For example, AANDC requires all multi-year funding agreement holders

to have LEAs with the school district or districts in which their students attend school. AANDC

strongly recommends that First Nations also have LEAs with independent and private schools.

In 2008, the federal Treasury Board Secretariat (TBS) created a new Policy and Directive on Trans-

fer Payments that applies to all federal departments and to all new AANDC funding agreements

commencing April 1, 2011.

Previously, Comprehensive Funding Arrangements (CFA) were one year in length and Canada

First Nation Funding Agreements (CFNFA) were five years in length. The CFAs have been replaced

with the new Aboriginal Recipient Funding Arrangement (ARFA) and it appears the CFNFAs are

being replaced by ARFAs when they expire. The new ARFAs are structured so they can be annual

or multi-year arrangements and can accommodate both annual and multi-year funding arrange-

ments for different initiatives within a single agreement.

Effective September 1, 2012, First Nations with band-operated schools will be eligible for a new

funding model that replaces the Interim Band-operated funding Formula (IBOFF). The new fund-

ing model flows from the Tripartite Education Framework Agreement (TEFA) signed by AANDC,

the BC Ministry of Education and FNESC.

109 See, for example, the Sample LEA, which suggests possible provisions for ensuring that funding will be “credited” to the First Nation for Early School Leavers so that those students may be provided with alternate educational services.


TEFA provides increased funding for “First Nations schools in BC, as well as a number of new

elements,” such as enhanced funding for technology, for second level services,110 and new

formula factors to better reflect individual school circumstances. The TEFA formalizes the coop-

erative relationships between Canada, BC, FNESC and First Nations running their own schools.111

Q. wIll The new fundIng model In Tefa ImPacT leas?

Not directly. However, in conjunction with TEFA, AANDC is providing enhanced support for

students attending provincial schools by increasing the Ancillary Services amount.112

First Nations may find some clauses in TEFA that they would like to include in their LEAs (for

example, see Section 4 - Commitments).

Q. wIll The new fundIng model In Tefa affecT rules for mulTI-year fundIng agreemenTs?

First Nations with multi-year funding agreements are encouraged to wait for the Nominal

Roll to see if they will be experiencing a deficit. If so, they will have the option to rebase

the Education budget independent of other programs at that time. First Nations without

deficits in Education may keep their core funding.

funding methodology

Multi-year funded recipients have tuition funding built into their funding agreements.

Initial allocations for provincial school tuition are based on the September 2011 Nominal Roll and

the current 2011/12 First Nation Billing Rates for each school district (Appendix F). Single-year

ARFAs are adjusted for price and volume changes after the September 2012 Nominal Roll has

been updated and confirmed by the Province.

110 Second Level Services are the aggregate service similar to services provided by the BC Ministry of Education and by school boards to public schools with specific adaptations to meet First Nations unique circumstances. Second level services include everything FNESC and the FNSA do now to support First Nations learners, schools and communities. See section 4.2 of the TEFA.

111 FNESC/Canada. Frequently Asked Questions about the New Approach to First Nations Education and the Tripartite Education Framework Agreement for K-12 Education in BC.

112 FNESC/Canada. Op.Cit.,p. 4.


First Nations with LEAs are funded for the entire year, except for those with LEAs that expire by

June 30, 2012 which are funded up to that date. Notice of new LEAs, renewal and extension of

LEAs are due to AANDC by December 30, 2012.

If there is no LEA, AANDC will make tuition payment directly to the Province. The payment for-

mula is FTEs x the First Nations Billing Rates for the appropriate school district.113

Q. whaT haPPens To fundIng for bands ThaT are In or JusT comIng ouT of ThIrd ParTy managemenT?

Ideally, questions regarding third party management would be addressed at a meeting

between the bands’ technical staff, the third party manager and the AANDC funding

services officer. There should be no interruption of education funding as a result of third

party management. If the band has an LEA in place, the third party manager would ensure

accurate and timely payments are made to the school district. If there is no LEA, AANDC

would make payment to the Province as with other bands. A third party manager would

not be asked to negotiate an LEA.

113 http://www.bced.gov.bc.ca/accountability/district

5NegotiationandImplementationStrategies63

negoTIaTIon and ImPlemenTaTIon sTraTegIes

The process of negotiating LEAs will vary, as communities differ in their organizational structures

and ways of arranging consultations and meetings. Further, there are many different approaches

that can be used to negotiate agreements. However, there are several common factors that are

likely to help promote the development of effective LEAs, and the following suggestions are

intended to help communities think about a range of relevant issues and strategies when they are

preparing for negotiations. FNESC hopes that some of the ideas outlined below can be adapted

by First Nations as appropriate to their needs and circumstances.

5.1 suggested first steps

Before beginning the actual process of negotiations, it is usually helpful to inform key members

of the community about the issues being considered, such as Chief and Council, the Education

Committee, and employees of the First Nation’s education sector. It is often helpful to start those

discussions by reviewing the How are We Doing? (HAWD) Aboriginal Performance Report from

the BC Ministry of Education (outlined in Section 2.3 of this Toolkit) for your district, which will

help everyone to understand the concerns being addressed and establish a clear focus on the

importance of the LEA and efforts to improve student achievement.

From the outset of the LEA development, it is also important to establish an appropriate and

effective LEA Negotiation Team. The following considerations may be useful when creating a

team that will lead to the best possible agreement.

Tips for establishing an lea negotiation Team

It is important that team members can participate in the process on an ongoing basis. •

As much consistency as possible in the team membership will be very beneficial as the

negotiations proceed, as this will reduce the need for continual review of the issues

5


already discussed, contributing to efficient and informed conversations. Therefore, when

appointing team members, it is useful to think about who can commit to the process for

the durection of the LEA development.

In identifying potential members, think about who will be most useful in the negotiation •

of the LEA. It is usually helpful to include people who are knowlegeable about education

issues, community goals, and school district structures, or who are willing to learn. It is

also useful to involve people who have negotiation experience. Those may be the same

or different individuals.

It is also important to think about whether you want professional assistance for your •

negotiations. Will you need legal counsel? Would it be useful to have a professional ne-

gotiator assist your LEA Negotiation Team? If so, you may want to ask other First Nations

what professionals helped them in their LEA negotiations. It is also important to review

the budget available for negotiations, to consider how much expertise you can afford at

each stage of the process.

Perhaps most importantly, the Negotiating Team should have the full support of the Band •

Council and the community.

Research shows that negotiators who prepare almost always outperform those who do not.

Reviewing existing documents can ensure that all Team members have a good understanding of

what needs to be considered and the issues to be addressed. The LEA Negotiating Team should

review the previous LEA, if there is one, to identify aspects that worked well and things that did

not work effectively. They may also wish to see the Sample LEA in this toolkit. If the district has an

EA or Achievement Contract, these can be considered, as well (see Section 2 of this Toolkit for a

description of EAs and Achievement Contracts). LEAs, EAs and Achievement Contracts from other

districts also can be reviewed in order to identify interesting clauses negotiated by other First

Nations.

Tip

Information regarding LEAs, EAs and Accountability Contracts is available at the local level

from school districts, or at the provincial level from FNESC or the Ministry of Education.

Provincial, district, and school level reports are also available on the Ministry of Education

web site.

A Sample LEA is also included in the appendices of this Toolkit. This may prove as a valuable

resource as your Negotiating Team considers options for inclusion in your own LEA.


Some First Nations have found it useful to organize a community information sharing / strategy

meeting very early in the LEA development process to ensure that the community is well informed

about the negotiations from the very beginning. In order to support the agreement that is even-

tually concluded, community members should be aware of the relevant issues and constraints

effecting the negotiations.

Possible agenda Items for the community Information sharing / strategy meeting

Review of the • How Are We Doing? Report specific to the district.113

Discussion of LEAs, EAs, District Accountability Contracts, and how they relate to each other. •

Review of the focus and goals of an LEA, which should be improved educational success of •

First Nations students, not simply financial matters.

Identification of who will be on the LEA Negotiation Committee and their roles and •

responsibilities.

Review of sample Terms of Reference for an LEA Negotiation Committee (Appendix J).•

Collaborative discussion of an appropriate community consultation process. •

Tip

Prior to and throughout the negotiations, it may be necessary for letters to be sent from the

First Nation’s negotiating team to the local school district. Samples of relevant correspon-

dence are included the next section of the Toolkit.

5.2 Preparing for negotiations

Research has indicated that planning is one of the most important parts of the negotiation pro-

cess. In fact, as much as 40 percent of the time spent in the negotiation process is usually spent

on internal matters, including planning and negotiating within your own team.

113 http://www.bced.gov.bc.ca/reporting/prov_data_summary.php First Nations may request data specific to their District and community from the BC Ministry of Education.


In fact, developing a plan prior to negotiating will give the negotiators more confidence and lead

to better and more consistent results. It is always beneficial to know what you want and to think

carefully about your interests. The clearer you are on your interests and goals, the better your

chance of negotiating an effective LEA.

When creating a plan, you may want to think about …

What changes do you believe will help your students achieve greater success? What clauses •

do you think would be in an ideal LEA?

What is the very least that you would consider acceptable? What topics might be non-nego-•

tiable to your community? Knowing your “bottom lines” before negotiations begin can be

very helpful later in the process.

It is also important to consider the interests and possible positions of the school district relative to

your own. Take some time to think about what the school district might want and how you might

respond. Learn as much as you can about the people with whom you are going to be negotiat-

ing. What are their needs? What pressures do they feel? What options do they have? What will

be the benefits of an LEA for the school district? It is difficult to make accurate decisions without

understanding the other side’s situation. The more information you have about the people with

whom you are negotiating, the stronger you will be. Further, careful consideration of these issues

ahead of time can make the “give and take” phase of the negotiations less stressful.

Additionally, it is useful to prepare ahead by identifying a variety of options for mutual gain. Be

creative, and think about unique ways for both sides to get their interests met.

Perhaps most important, know the real goal when you sit down to the table – which is greater

student achievement and more effective learning environments for your students. Your goal is not

to win every step of the negotiation process; it is to achieve a positive end result. Don’t let the

steps drag down the real focus of the negotiations – the best interests of children.


5.3 Initial meeting with representatives of the school board and the first nations negotiators

The initial LEA negotiating meeting represents an important opportunity to discuss and agree

upon a number of issues, such as:

confirmation of relevant agenda items;•

appropriate meeting practices, including any relevant cultural protocols;•

identification of necessary tasks and responsibilities for their completion;•

agreements related to communications protocols / public sharing of information; and•

time and place of upcoming meetings.•

In setting out a plan for meetings, it is useful to consider the timing and location of negotiations.

Try to choose times when people will not be tired and therefore less creative and less recep-•

tive to alternate solutions.

Try not to schedule important negotiation sessions in between other important meetings, •

when people might feel rushed and distracted.

Think about what location you would find most comfortable. •

It is important that everyone involved in the negotiations is in the best possible frame of mind.

Finally, when planning the meeting schedule and agendas, frame each of the negotiation

steps around one or two key points to keep discussions focused and to reach agreement more

efficiently.

5.4 The Process of negotiating

negotiation considerations

The first step when negotiating an LEA is ensuring that there is agreement about the real issues

that are being negotiated. In fact, it is very common for two parties to have different perceptions

of what the negotiations are about.


LEA negotiations should focus on problem-solving, but problems cannot be solved to everyone’s

satisfaction unless all parties understand them in the same way. Why the parties want something

is where the process of problem solving begins, and in the case of LEAs, meeting the needs of

students should be the starting point – and something everyone can agree is worthwhile.

Start the negotiations by ensuring there is agreement that the LEA is about improving student •

achievement, not just about establising a process for paying tuition.

It is important to remind all stakeholders that the successful implementation of the LEA will •

benefit First Nations as well as all other learners in a school district; good educational prac-

tices for First Nations learners are almost always good practices for all learners.

A collaborative relationship and a commitment to shared decision-making is critical to facilitate

the development of effective agreements. It can be very worthwhile to have both parties occas-

sionally reflect upon and reiterate that persective.

Also, throughout the process, take time to think about where you are in the negotiations in com-

parison to your plan. If you find yourself getting lost in relation to what you hoped to achieve,

you can caucus, take a time out, and rethink where you are. And throughout the negotiation

process, always allow yourself time to organize your thoughts to avoid conveying the wrong mes-

sage or confusing the issues. Take notes and plan what you’re going to say. Every statement does

not have to be met with a response right away. Stop talking whenever you feel that you need

to reorganize yourself and before you respond to something important that has been said. And

make sure everything you say reflects the true meaning of your thoughts.

Tip

Take your time; silence and pauses can be one of your most powerful negotiating tools.

Remember, you will learn a great deal about what the school district wants during the actual

negotiation process. It is very effective to remain focused on your initial set of positions and

explain your rationale for what you want included in the LEA, while at the same time trying to

better understand which issues are most important to the school district. It is also important

that all members of your negotiating team be firm about your First Nation’s position, but not so

aggressive that it limits the chances of an agreement being reached. Practice expressing your feel-

ings without anxiety or anger. Let people know what you want in a non-threatening way.


In fact, the most powerful negotiating skill is listening. You learn the interests of the other party

through listening. Ask questions to learn about the constraints and needs of the school district.

By getting the other party to talk, and by listening to their replies, a positive message is sent,

which greatly enhances trust and keeps tension low. Such an atmosphere is best for both sides in

the negotiations.

Generally, positive approaches can make a real difference, and it is important to remember that

each person has a unique preferred way of communicating that may not be the same as everyone

else’s. Recognizing the reasons why people act the way they do, and having the ability to commu-

nicate to a broad range of behavioural styles, helps everyone reach satisfactory outcomes more

consistently. Understanding the styles of the people with whom you are negotiating, and chang-

ing your approach to capitalize on those styles, can be the key to achieving your ultimate goals.

Further, do not take the issues or the other person’s behaviour personally. All too often nego-

tiations fail because one or both of the parties get sidetracked by personal issues unrelated to

the deal at hand. Successful negotiators focus on solving the problem, which is: “How can we

conclude an agreement that respects the needs of both parties?” Obsessing over the other nego-

tiator’s personality, or over issues that are not directly pertinent to making a deal, can sabotage

a negotiation. If someone is rude or difficult to deal with, try to ignore their behaviour and don’t

take it personally.

In spite of positive intentions and approaches, however, in some negotiations both sides may

reach a stalemate – a point in the negotiations at which it feels like there is no room for either

side to move. Sometimes parties get stuck in their positions and may lose sight of the overall

goals of the negotiation. If this happens, ask everyone to remember the real reason for the nego-

tiations – success for children. You can also try to move everyone beyond opposed positions to

think about alternative solutions.

Tip

Remember … negotiating does not have to be arguing over who gets the most. At its best,

negotiating involves two parties working to resolve a problem – moving from a series of

compromises and winning and losing, to joint problem solving. To move the negotiations in

this positive direction, try asking everyone to think about new ideas. “What if we tried…?”,

or “What if we did this…?


Similarly, negotiations can often get emotional and tense. If that happens, it can be helpful to

separate the people on the other side of the table from the item that is being negotiated. It is

also helpful to remember that the negotiation process is going to involve give and take. Don’t

expect to dictate all of the terms, unless you are willing to leave with no agreement if your posi-

tions are not all met.

Tip

Always put your points of agreement in writing and ensure that your negotiations are well

documented in case there is disagreement later; written records can be very helpful in re-

minding both parties what was said and how issues were actually resolved.

Finally, for a negotiation to be ‘win-win,’ both parties should feel positive about the negotiations

once they are over. This helps people maintain good working relationships after the agreement is

signed. In fact, LEA negotiations rarely end with only one agreement; LEAs are for a limited term,

at the end of which time the agreement will have to be revised and renewed or an entirely new

agreement will need to be negotiated. It is important to build positive relationships now for the

long-term benefit of students.

5.5 concluding an agreement

When the negotiations are complete, you should have a written agreement with clear goals and

a timeline. In fact, in many cases putting an agreement into action can be the most challenging

part of the LEA process, emphasizing the need for a clear written plan.

Also, successful implementation of LEAs will require a long-term, sustained commitment from

many sectors of the educational community. Therefore, it is critical that during the negotiation

process, a clear monitoring process is established to ensure compliance and fulfillment of the

agreement. Specific resources and personnel must be assigned to the implementation of the

agreements to ensure that LEAs become institutionalized and remain an integral part of school

districts in this province.

The following suggestions are also offered for consideration in finalizing an LEA.


It may be useful to ensure that all documents produced with the school district – LEAs, EAs, •

Accounability Contracts – are linked. For example, a section of the LEA could include an

explanation of how all the agreements within the district relate to one other.

LEAs can reinforce the perspective that schools should welcome and seek the participation of •

Aboriginal parents on Parent Advisory Committees and School Planning Councils.

Some First Nations with children attending the same school district have chosen to negoti-•

ate together. In some of those cases, the Nations have signed separate agreements that are

exactly the same. Otherwise, they may choose to negotiate specific clauses differently to

reflect varying needs.

After negotiations have taken place, and prior to the signing of the LEA, the negotiating team •

may choose to present the document in a community meeting. The signing of an LEA can

provide a valuable forum to celebrate with the school district, again building towards a long-

term positive relationship.

5.6 summary

Meaningful and lasting change will require ongoing consultations with First Nations and a com-

mitment to ensure their full involvement in the public education system. The development of

collaborative relationships and plans for joint actions should reinforce the fact that First Nations

have the tools - the knowledge and the authority – to contribute in meaningful ways to the cre-

ation of education systems that will facilitate success for First Nations children. First Nations are

prepared to work over the long-term to promote the social, emotional, spiritual and intellectual

well-being of First Nations children. It is critical that other education partners demonstrate their

willingness to do the same.

LEAs are one key mechanism to advance a mutual commitment to promote much-needed success

for First Nations learners. For that reason, FNESC will continue its efforts to support First Nations

in their development of LEAs, and FNESC welcomes all suggestions or ideas for relevant initiatives

and activities that will help First Nations to negotiate and implement successful LEAs in BC.

6IntroductiontotheSampleLEA73

InTroducTIon To The samPle lea

The Sample LEa (Appendix K) included within this Toolkit highlights suggested provisions aimed

at achieving relevant standards and addressing issues of concern to First Nations. The Sample LEA

is not mandatory and has been prepared as a tool for First Nations to refer to if they so choose.

The Sample LEA is not intended to serve as legal advice; First Nations are encouraged to

seek independent legal advice as required regarding their particular circumstances.

Communities that are approaching LEA negotiations for the first time should engage in a com-

munity-level visioning exercise or strategy session to identify and confirm what the community

wishes to achieve in its LEA. Once the community has completed this process, the negotiating

team may wish to use the Sample LEA as the basis for internal discussions before beginning dia-

logue with the school district.

Communities that are re-negotiating agreements that have expired, or are soon to expire, may

find the Sample LEA to be a useful tool when reviewing their existing LEA, in order to identify

possible changes.

The sample LEA can also be used for other purposes. For instance, there may be ideas that can be

used to inform work plans, or that may be incorporated into other types of agreements with the

school district.

A text version will be available on the FNESC website for download: www.fnesc.ca

6

7SampleCorrespondence75

samPle corresPondence

7


7.1 sample Invitation to begin negotiations

[Return address]

[Date]

[School District address]

Dear [School Board Chair or Superintendent],

Our First Nation is very interested in establishing a Local Education Agreement (LEA) for our learners attending schools in this district. We believe that an LEA would provide an effective mechanism for improving the educational success of our students – a goal we are confident you fully support. We therefore would like to invite you and other relevant school district representatives to an initial planning meeting in order to launch the LEA development process.

We would like to suggest following dates for a meeting to start the process of building an effective LEA: [suggested dates]

We further suggest the following agenda items for the meeting.

Sharing our community’s vision for education• The protocol, process and spirit in which the negotiations will be conducted• The formation and membership of an LEA Negotiation Committee• Presentations or information needed for subsequent meetings• Schedule and location of future meetings •

Thank you for your attention to this matter. We look forward to starting these very important discussions. Please contact me to confirm the date and time of our first meeting, appropriate participants, and any additional agenda items that may be needed.

Sincerely,

[Name and title]

cc: [Chief and Council]


7.2 sample letter to begin lea renewal Process

[Return address]

[Date]



Given that our LEA is scheduled to expire on [date], we would like to schedule a meeting with you to begin planning the LEA renewal process.

We would suggest the dates of [xxx] or [xxx] for an initial meeting. Please let us know if these dates are feasible.

At the meeting we would like to discuss the following topics.

Our community’s education vision• What features of the existing LEA worked well, and what improvements could be made• Who will be involved in the renewal process• The scheduling of meetings•

Please let us know if there are additional agenda items and materials that should be available at the meeting.

Thank you, and we will contact you soon to confirm a meeting date and agenda.

Sincerely,

[Name and title]

cc: [Chief and Council]


7.3 sample lea Implementation Timeline

September

Communications and workshops for all relevant partners within the Education System, including parents, families, and community members

Create a work plan, with roles and responsibilities specifically identifiedIdentify plans for ongoing monitoring of agreement effectiveness and evaluation of results being

achieved

October to April

Ongoing monitoring of the effectiveness of work plan and adjustments as necessary

May/June

Evaluation of work plan and activities undertakenPreparation of an updated workplan for September, to be finalized by the end of school year in

June


7.4 sample letter to address lea Implementation challenge

[Return address]

[Date]



I am writing on behalf of [xxxx] First Nation to share a concern that has arisen related to the implementation of our Local Education Agreement. As you know, our community is fully committed to ensuring that this agreement is advanced in a meaningful way so that the improvements we all envision are achieved.

Specifically, I am writing in regard to the following situation.

[add specifics here]

I am confident that this problem was not intentional and I look forward to improved communications in the future.

Sincerely,

Jane Doe Chairperson of the xxxx First Nation Education Committee


7.5 sample letter requesting an lea-related strategy session

[Return address]

[Date]


Dear [Superintendent],

Following from our recent telephone conversation, I am writing to follow up on our discussions regarding First Nations students who leave school before graduation.

As you are aware, our Education Committee is interested in organizing a forum to gather and exchange views with school district representatives for the purpose of problem-solving this important issue. The following are two possible dates for such a meeting, as discussed.

[xx} [xx]

Our Education Committee has prepared a package of relevant research for your perusal. Please feel free to bring any additional information that you feel can help us resolve this important matter.

I will call you within the next few days to finalize a time and place for this very important meeting.

Sincerely,

Chief, xx of x Band

cc:Chair of Band Education CommitteeBand Education CoordinatorChair of Board of Trustees

8RelevantSchoolActProvisions81

relevanT school acT ProvIsIons

agreements with first nations

Provincial school boards are authorized under section 86(3) of the School Act to enter into agree-

ments, such as LEAs, with First Nations:

Agreements

86 (3) A board may enter into an agreement,

(a) with respect to the education of Indian children, with

i. a council of a band as defined in the Indian Act (Canada), or

ii. the council of an Indian band established by another Act of the government of Canada, and

(b) with respect to matters relating to education, with

i. a participating First Nation or a Community Education Authority estab-lished by one or more participating First Nations under the First Nations Jurisdiction over Education in British Columbia Act (Canada), or

ii. the First Nations Education Authority.

(3.1) With the approval of the minister, a board may enter into an agreement with the Nisga’a Lisims Government with respect to the education of a Nisga’a child.

(3.3) A board may enter into an agreement with a treaty first nation with respect to the education of

(a) a treaty first nation member or constituent of the treaty first nation, or

8


(b) a student who is

(i) not a treaty first nation member or constituent of the treaty first nation, and

(ii) attending an educational institution operated by the treaty first nation under its own laws.

school Plans

Section 8.3 of the School Act requires each school and school board to develop a plan for

improvement each year by the School Planning Council:

School plan

8.3 (1) In each school year, a board must approve a school plan for every school in the school district.

(2) By a date set by the board, a school planning council must prepare and submit to the board a school plan for the school in respect of improving student achievement and other matters contained in the board’s achievement contract relating to that school.

(3) A school planning council must consult with the parents’ advisory council during the preparation of the school plan.

(4) The board may approve, approve with modifications or reject a school plan submitted under subsection (2) or (6).

(5) Before approving a school plan, the board may

(a) consult with the school planning council about modifications to the school plan, or

(b) direct the school planning council to modify all or part of the school plan by a specified date.

(6) The board may direct the principal of a school to prepare and submit to the board a school plan for the school by a specified date if

(a) the school planning council does not submit a school plan under subsec-tion (2),


(b) the school planning council does not comply with a direction of the board under subsection (5) (b), or

(c) the board rejects the school plan submitted under subsection (2).

(7) A board must make a school plan approved under subsection (4) available to the par-ents of students attending that school.

school Planning councils

Section 8.1 requires school boards to establish school planning councils for each school:

School planning council

8.1 (1) A board must establish a school planning council for each school, except a Provincial resource program, in its school district.

(2) At the request of 3 parents of students attending a Provincial resource program, a board may establish a school planning council for the Provincial resource program.

(3) A school planning council for a school consists of the following persons:

(a) the principal of the school;

(b) one of the teachers at the school, elected annually by secret ballot by the teachers who teach at the school;

(c) 3 representatives of the parents’ advisory council who are

(i) parents of students enrolled in the school, and

(ii) elected annually by the parents’ advisory council;

(d) if the school enrolls students in grade 10, 11 or 12, one student of school age enrolled in one of those grades at the school, appointed annually by the principal of the school after consulting with the students enrolled in those grades at the school.

(4) One of the representatives elected under subsection (3) (c) must be an elected officer of the parents’ advisory council.

(5) A board may appoint a person to fill a vacancy on a school planning council if


(a) there is no parents’ advisory council for the school,

(b) the parents’ advisory council for the school does not elect 3 representa-tives under subsection (3) (c),

(c) the teachers at the school do not elect a representative under subsection (3) (b), or

(d) the principal of the school does not appoint a student under subsection (3)

(6) The term of office of a person appointed or elected under this section to the school planning council must not be more than one year.

(7) An employee of any board is not eligible for election under subsection (3) (c) or an appointment in the circumstances referred to in subsection (5) (a) or (b).

Role of a school planning council

8.2 A board must consult with a school planning council in respect of the following:

(a) the allocation of staff and resources in the school;

(b) matters contained in the board’s achievement contract relating to the school;

(c) educational services and educational programs in the school;

(d) school safety, including the installation and operation of video surveillance cameras.


achievement contracts

Achievement contracts must be prepared and submitted, under section 79.2 of the School Act by

the Board, on or before July 15 of each year, to the Minister, and made available to residents of

the School District and to parents of students attending schools in the District:

Achievement contracts

79.2 (1) A board must prepare an achievement contract with respect to

(a) standards for student performance,

(b) plans for improving student achievement in the school district,

(c) literacy,

(d) early learning programs, and

(e) any other matters ordered by the minister.

(1.1) Achievement contracts under subsection (1) may contain different terms and conditions for different boards.

(2) On or before July 15 of each year, a board must submit its achievement contract for the school year to the minister and must make its achievement contract available to residents of the school district and to parents of students attending schools in the district.

Superintendents of Achievement

The Minister may appoint Superintendents of Achievement under Sections 171.4-171.6:

Appointment and duties of superintendent of achievement

171.4 (1) The minister may, by order, appoint one or more superintendents of achievement.

(2) The minister may assign a superintendent of achievement to one or more school dis-tricts or francophone school districts.

(3) A superintendent of achievement assigned to a school district or francophone school district

(a) must review


(i) student achievement and early learning programs in the school district or francophone school district, and

(ii) the district literacy plan or francophone district literacy plan, as the case may be, for the school district or francophone school district,

(b) may make recommendations for improvement of student achievement, early learning programs and literacy in the school district or francophone school district to the board or the francophone education authority, as the case may be,

(c) at the minister’s request and on or before the date established by the minister, must submit to the minister a report on the superintendent of achievement’s findings and recommendations for improvement of student achievement, early learning programs and literacy in the school district or francophone school district to which the superintendent of achievement is assigned, and

(d) perform other duties the minister may assign to the superintendent of achievement.

(4) A report under subsection (3) (c) must be in the form and contain the information required by the minister.

Powers of inspection

171.5 For the purposes of performing his or her duties under this Act, a superintendent of achievement may do one or more of the following:

(a) enter a school building or any other building, or any part of a building, used in conjunction with the school or offices of a board or francophone education authority;

(b) inspect any records of a board or francophone education authority and make copies of any of those records;

(c) interview students and employees of a board or francophone education authority;

(d) attend any meeting of a board or francophone education authority.


Responsibilities of board or francophone education authority

171.6 A board or francophone education authority must

(a) assist and cooperate with a superintendent of achievement in the carrying out of the duties of the superintendent of achievement, and

(b) produce and permit inspection of the records required by a superinten-dent of achievement within the time specified by the superintendent of achievement.

9FurtherPartnershipOpportunities89

furTher ParTnershIP oPPorTunITIes

There are a number of resources and opportunities available to First Nations to support the nego-

tiation and effective implementation of LEAs and, more generally, to improve First Nations student

success in education and enhance accountability to First Nations.

(a) superintendents of achievement

The School Act permits the Minister to appoint one or more superintendents of achievement. The

role of these superintendents is to help improve student achievement by making School Boards

more accountable for student results. Where First Nations are concerned about the achievement

of their students in public schools, they may contact a Superintendent of Achievement to discuss

specific issues and ask what assistance the Superintendent may be able to provide.

(b) reporting by school boards to first nations

First Nations may wish to invite a representative of the local School Board to attend a Council or

community meeting to provide an update on issues related to the education of their students in

the School District.

(c) Individual first nation “How Are We Doing?” report

First Nations can request that school boards provide them with a report setting out how the First

Nation’s students are doing at schools within their School District.

9


(d) application for exemption under the human rights code

Where a School Board or other entity wants to establish a program to advance employment

equity, it can make an application to the Human Rights Tribunal under section 42 of the Human

Rights Code for approval of a “special program.”

The BC Teachers Federation and the BC Public School Employers’ Association have concluded a

Memorandum of Understanding regarding employment equity for Aboriginal teachers. Under

the MOU, the parties agree to encourage local School Boards and teacher unions to apply to the

Human Rights Tribunal for approval of a special program that would serve to attract and retain

Aboriginal teachers.

The BCTF’s Member’s Guide states that the BCTF actively supports an employment equity pro-

gram for public schools with the aim of achieving a teaching force that is reflective of the ethnic

diversity of BC public schools.

10AdditionalResources91

addITIonal resources

bc ministry of education

Policy Document: K-12 Funding – Aboriginal Education (Appendix D)

http://www.bced.gov.bc.ca/policy/policies/funding_abed.htm

1701 Form: Student Data Collection

http://www.bced.gov.bc.ca/datacollections/september/public_school/pi1701.pdf

Aboriginal Education Enhancement Agreements

http://www.bced.gov.bc.ca/abed/agreements/

Achievement Contracts

http://www.bced.gov.bc.ca/schools/sdinfo/acc_contracts/

Guidelines for District Achievement Contracts 2012-2013 (April 2012) (Appendix G)

http://www.bced.gov.bc.ca/schools/sdinfo/acc_contracts/achievement-guidelines-13.pdf

How Are We Doing? Aboriginal Performance Data

http://www.bced.gov.bc.ca/abed/performance.htm

bc Teachers’ federation

Employment Equity for Aboriginal Teachers, 2011-2012 BCTF Services Handbook (Appendix H)

https://www.bctf.ca/uploadedFiles/public/aboutus/BCTF-ServicesHandbook.pdf

10


bc confederation of Parent advisory councils

The Accountability Framework: How it Works in BC Schools

http://www.bccpac.bc.ca/news-blog/accountability-framework-how-it-works-bcs-public-schools

first nations education steering committee

The FNESC website will provide electronic versions of the sample LEA, correspondence letters and

other resources (when finalized). The FNESC website also offers links to bursaries and scholar-

ships, event information, membership information, First Peoples classroom materials, and other

resources.

LEa resources: http://www.fnesc.ca/lea

FnESC Home: http://www.fnesc.ca

appendices

aPPendIx a

The new relationship

a

1

The New Relationship

I. Statement of Vision

We are all here to stay. We agree to a new government-to-government relationship based on

respect, recognition and accommodation of aboriginal title and rights. Our shared vision includes

respect for our respective laws and responsibilities. Through this new relationship, we commit to

reconciliation of Aboriginal and Crown titles and jurisdictions.

We agree to establish processes and institutions for shared decision-making about the land and

resources and for revenue and benefit sharing, recognizing, as has been determined in court

decisions, that the right to aboriginal title “in its full form”, including the inherent right for the

community to make decisions as to the use of the land and therefore the right to have a political

structure for making those decisions, is constitutionally guaranteed by Section 35. These inherent

rights flow from First Nations’ historical and sacred relationship with their territories.

The historical Aboriginal-Crown relationship in British Columbia has given rise to the present

socio-economic disparity between First Nations and other British Columbians. We agree to work

together in this new relationship to achieve strong governments, social justice and economic self-

sufficiency for First Nations which will be of benefit to all British Columbians and will lead to

long-term economic viability.

II. Goals

Our shared vision includes a celebration of our diversity, and an appreciation of what we have in

common. We recognize the vision of First Nations to achieve the following goals:

1. To restore, revitalize and strengthen First Nations and their communities and

families to eliminate the gap in standards of living with other British Columbians,

and substantially improve the circumstances of First Nations people in areas which

include: education, children and families, and health, including restoration of

habitats to achieve access to traditional foods and medicines;

2

2. To achieve First Nations self-determination through the exercise of their aboriginal

title including realizing the economic component of aboriginal title, and exercising

their jurisdiction over the use of the land and resources through their own structures;

3. To ensure that lands and resources are managed in accordance with First Nations

laws, knowledge and values and that resource development is carried out in a

sustainable manner including the primary responsibility of preserving healthy lands,

resources and ecosystems for present and future generations; and

4. To revitalize and preserve First Nations cultures and languages and restore literacy

and fluency in First Nation languages to ensure that no First Nation language

becomes extinct.

The strategic vision of the Province for British Columbians is:

1. To make B.C. the best educated, most literate jurisdiction on the continent;

2. To lead the way in North America in healthy living and physical fitness;

3. To build the best system of support in Canada for persons with disabilities, special

needs, children at risk and seniors;

4. To lead the world in sustainable environmental management, with the best air and

water quality, and the best fisheries management, bar none; and

5. To create more jobs per capita than anywhere else in Canada.

This vision can only be achieved if First Nations citizens attain these goals. To achieve these

strategic goals, we recognize that we must achieve First Nations economic self-sufficiency and

make First Nations a strong economic partner in the province and the country through sustainable

3

land and resource development, through shared decision-making and shared benefits that support

First Nations as distinct and healthy communities. All British Columbians will benefit from a

richer understanding of First Nations culture and from economic, political and cultural partnerships

with First Nations. We therefore agree to the following principles and action plan.

III. Principles to Guide the New Relationship

We will mutually develop processes and implement new institutions and structures to achieve the

following:

• integrated intergovernmental structures and policies to promote co-operation,

including practical and workable arrangements for land and resource decision-

making and sustainable development;

• efficiencies in decision-making and institutional change;

• recognition of the need to preserve each First Nations’ decision-making authority;

• financial capacity for First Nations and resourcing for the Province to develop new

frameworks for shared land and resource decision-making and to engage in

negotiations;

• mutually acceptable arrangements for sharing benefits, including resource revenue

sharing; and

• dispute resolution processes which are mutually determined for resolving conflicts

rather than adversarial approaches to resolving conflicts.

This vision statement to establish a new relationship has been written as a measure of good faith by

4

the parties to put into words our commitment to work together to explore these concepts and

develop their full meaning.

IV. Action Plans

We agree to work together to manage change and take action on the following:

1. Develop new institutions or structures to negotiate Government-to-Government

Agreements for shared decision-making regarding land use planning, management,

tenuring and resource revenue and benefit sharing;

2. Identify institutional, legislative and policy changes to implement this vision and

these action items;

3. Develop additional protocols or accords to further the implementation of the vision,

as required from time to time;

4. Identify processes to ratify agreements;

5. Establish funding and distribution structures/institutions to support First Nations’

capacity development and effective participation in the processes established through

these action items;

6. Establish effective procedures for consultation and accommodation;

7. Appoint a joint working group to review Forest and Range Agreements and make

recommendations to the parties on options for amending those agreements, in order

to make them consistent with the Vision and Principles above;

8. Identify and develop new mechanisms on a priority basis for land and resource

5

protection, including interim agreements;

9. Develop impartial dispute resolution processes and work towards a decrease in

conflicts leading to litigation; and

10. Create an evaluation process for monitoring and measuring the achievement of this

vision and these action items.

V. Management Committee and Working Groups

The parties will establish a joint management committee of senior officials to:

• develop terms of reference, priorities, and timelines for the management committee and the working groups by May 31, 2005;

• identify current issues of substantial concern, and consider short and long term steps the parties could take to facilitate their resolution;

• jointly develop policy frameworks;

• establish joint working groups and provide direction, timelines and co-ordination to further the implementation of the action items;

• identify and allocate financial and technical resources for the work of the management committee and the working groups;

• make recommendations to the parties to address problems as they arise in the implementation of the vision; and

• engage the Government of Canada.

appendices

aPPendIx b

Transformative change accord

B

appendices

aPPendIx c

children in care

C

Children in Care

As indicated, to be eligible for AANDC funding an on the Nominal Roll, a student must, among other things, be ordinarily resident on reserve. In the case of a child in the care of a Family and Child Services Agency, AANDC’s Elementary /Secondary Education National Program Guidelines states that the residency of the child is determined by the residency of the family with whom the child is place.1

This definition is different that that found in AANDC’s national policy statement on the First Nations Child and Family Services (FNCFS) program, Program Directive 20-1 Chapter 5 which provides that:

Ordinarily Resident on Reserve – Refers to children whose custodial parent/guardian, although they may be absent for a period of time for purposes related to education, health or other services that are unavailable in the reserve community where the child lives, maintain their primary residence on reserve...

Additionally, FNCFS program requires that the following definition must be included in the Indian Child and Family Services arrangements:

(a) Indian ordinarily resident on reserve means:

(1) that the final Recipients usually live at a civic address on reserve, or are children in joint custody who live on reserve most of the time; or

(2) … The residence of a child who comes into the care of a mandated child welfare authority is derived from the residency of the child’s parent or guardian at the time the child is taken into care. Such children shall be deemed to be ordinarily resident on reserve for as long as such care is required and continues to be unavailable on reserve.2

Despite this variance in definitions of “ordinarily resident on reserve”, there is no clear policy statement directing which definition will prevail in a situation where a child is taken into care off reserve. It is likely that AANDC’s policies regarding education funding and the Nominal Roll will prevail as it relates to tuition funding, meaning there is no secure education funding for a child who must be placed in care off reserve. This raises additional challenges in situations where the child has special needs and is eligible (while on reserve) to access education funding beyond tuition funding.

1See also INAC, Elementary/Secondary Education National Program Guidelines (November 2003), pg. 6 (Note: these Guidelines are included in the INAC Education Program and Services Handbook (British Columbia) (Last update: 08/08/2005)).2 Appendix A, Annex B: Specific Program Terms and Conditions of the First Nations Child and Family Services National Program Manual, Social Policy and Programs Branch Headquarters (May 2005), p. 67.

appendices

aPPendIx d

K-12 funding – aboriginal education (ministry Policy, updated 2003) and Per Pupil block rate

D

Appendix

appendices

aPPendIx e

form 1701: student data collection, form completion Instructions for Public schools

E

Fall Data Collection

September 24, 2012 Form 1701 - 1

FORM 1701: STUDENT DATA COLLECTIONFORM COMPLETION INSTRUCTIONS FOR PUBLIC SCHOOLS

Quick Reference Who must complete Form 1701?

This form must be completed by: • Standard (regular, public) Schools • Long Term Provincial Resource Programs • Youth Custody/Residential Attendance Centres • Continuing Education Schools • Alternate Schools • Ministry-Approved Distributed Learning Schools

When must the Form 1701 file be compiled and returned to the Ministry?

Form 1701 files must arrive at the Ministry on or before October 5, 2012

! NOTE: Schools must send their files to their Board Office, not directly to the Ministry.

What Form 1701 collects?

Form 1701 collects the following information about individual students as of September 28, 2012:

• name, birth date, gender, grade level and postal code • language programs enrolment • Aboriginal Education program enrolment • Career program enrolment • Special Needs category enrolment • Number of courses for all students in the secondary

grades including adults.

Why is Form 1701 important? Form 1701 is collected under the School and Student Data Collection Order (M152/89). Under this order Boards of Education are responsible for collecting and submitting the information to the Ministry.

The collected information is critical for: • allocating funds to boards • tracking student movement between schools and boards • monitoring enrolment trends in programs • board and school data summaries.



Special cases: inclusions/exclusions for Form 1701 Include: The following students are to be reported by the education facility with which they are enrolled and in attendance (active for CE and DL students) as at September 28, 2012, or registered, in the case of home schoolers:

• Students born between July 1, 1993 and December 31, 2007 who meet the funding eligibility requirements set out in the K-12 Funding Policy.

• School-aged students reported in a Continuing Education School must be born June 30, 1996 or before and must meet the reporting requirements detailed on page 13 of this document.

• Students born prior to July 1, 1993 are considered to be adult students. There are three types of adult students which may be reported and funded: 1) adult students who are taking Ministry-Authorized or Board/Authority

Authorized courses that lead to a graduation diploma. Eligible courses (detailed in the Adult Funding Policy) will be funded if they are documented on a Course Enrolment Form and the student meets the attendance definition written in the Adult Funding Policy and the student meets the funding eligibility requirements set out in the K-12 Funding Policy;

2) adult students who have either met the general requirements for graduation in British Columbia or have completed the requirements for graduation from a secondary school or high school in another jurisdiction. These students are considered Graduated Adults. The Education Guarantee offers tuition free courses for Graduated Adults through the Province’s distributed learning schools, continuing education schools or in K-12 schools, the list of eligible courses for funding can be found in Appendix 1 of the Education Guarantee information page.

3) adult students taking a locally developed General Education Development (GED) preparation course may also be reported.

See the current Adult Program Policy on the Ministry web site for details.

• Students with Special Needs - For the 2012/2013 school year, students who are over the age of 19 who: 1) have special needs; and 2) were reported in 2011/12; and 3) are working towards the goals set out in their IEP, may be reported on Form 1701.

• Home School Registrations – a child of school age registered with the school but taught at home or elsewhere by the parent or guardian.

• B.C. Students Attending Out-Of-Province - These are students who are resident in British Columbia, but attend classes in a neighbouring province/territory, through a contractual arrangement between their school board and the school board in the neighbouring jurisdiction.

• Out of Province/International Students - These students fall under the following categories: 1) not involved in a reciprocal exchange; 2) not ordinarily resident in the province and for school-aged students for whom the guardians of the students are not ordinarily resident in B.C. Provincial funding will not be provided for these students.

• Exchange Students - An exchange student is one involved in a reciprocal and equal educational exchange. This exchange must be one in/one out of the same board for the same length of time, with the exchange completed within two years. Boards receive funding for the ordinarily resident student.



! NOTE: Boards receive funding only for the ordinarily resident student. During a one in/one out reciprocal and equal exchange, the non-resident student acts as a placeholder for the funded local student during that student’s absence. Claiming funding for a non-resident student after the resident student has graduated (and is no longer enrolled with the Board and therefore no longer eligible for funding) does not meet the reporting requirements.

• Youth Agreement Students - These are students who have entered into a Youth Agreement with the Director of the Ministry for Children and Family Development. They are deemed to be ordinarily resident under section (16) of the School Regulation 265/89 for funding purposes set out in section 82 of the School Act.

Exclude: The following students are not to be reported on Form 1701 by the education facility with which they are registered:

• Students enrolled in a Provincial Resource Program (PRP) for 3 months or less. These students will be claimed by their regular school through a funded PRP Agreement. If the student is enrolled for longer than 3 months then they should be reported in the PRP facility in which they are enrolled as at September 28, 2012.

• Students who are only registered to write the GED (General Education Development) examinations.

• Pre-primary or early childhood education children (those born after December 31, 2007).

Duplicate students School-aged students in K through Grade 9 can only be reported in one school. By agreement between schools, students may take courses in schools and Distributed Learning schools concurrently, exchanging appropriate fees for services, however only one school may report the student for funding purposes.

School-aged students in grades 10 -12 or SU in Alternate programs may only be reported in one school within a Board and only by one Board or Authority unless they are enrolled in a Grade 10-12 Distributed Learning course.

School-aged students in grades 10-12 or SU in Continuing Education schools and K-12 schools may be reported in more than one school operated by a Board but may only be reported by one Board or Authority.

School-aged students in grades 10-12 or SU enrolled in a Distributed Learning school may be enrolled and reported in one or more additional schools operated by a Board or Authority.

Adult students may be enrolled and reported in more than one school and more than one Board or Authority.

It is Ministry policy that a student in transition from one B.C. school to another B.C. school on September 28, 2012 should be reported at the school last attended in September.



For a student who arrives in a school during the last week in September, the principal of the receiving school should contact the school the student has left to ensure the student is removed from the departing school’s 1701 file in order to avoid duplicate reporting.

Attendance and participation records

The Ministry strongly advises schools to retain student attendance and participation documentation for each reporting claim to facilitate in the resolution of duplicate enrolment issues and to assist in the enrolment audit process.

Common mistakes to avoid when completing Form 1701

Mistake: Reporting graduated adults in grades other than GA.

CorrectProcedure: Report graduated adults in grade GA.

Mistake: Schools enter N/A or None in the legal middle name field for students who have no legal middle name. CorrectProcedure: Leave the legal middle name field blank.

Mistake: Students enrolled in more than one school are reported in programs like Core French, ELL or Special needs by both schools.

CorrectProcedure: Students enrolled in more than one school should only be reported in

programs like Core French, ELL or Special needs by one of the reporting schools. Schools staff need to work with the other reporting school to determine which school should report the supplemental program information prior to submitting the 1701 file to the Ministry.

If you need assistance

Questions about completing Form 1701 should be directed to your district contact person, or:

1701 1701 Distributed Learning Special Needs Kathy Cordner Mike Joa Tim Winkelmans Bill Standeven Data Management Unit

Data Management Unit

E-Learning Unit Diversity and Equity Branch

250 356-2441 250 356-7459 250 217-6643 250 356-6752

Step by step instructions for completing Form 1701 Ministry School Name and Code

Be sure your school name and code are correct. If your school name has changed since last year, ensure you submit an update via the district and school contacts web site.



Local School Student Identification Number

Indicate the student's school identification number.

Report Date

The report date is "2012 09 28".

Personal Education Number (PEN)

Enter the student's Personal Education Number (PEN) that was assigned by the Ministry. Schools must request PENs for any new student prior to submitting your file to the Ministry.

Legal Names

These are the names that appear on a student's birth certificate, unless a legal name change has been filed. Please do not include usual names or nicknames. Do not put names in brackets or surround them with an '*'. Full names are required. Do not enter an initial in any of these fields. Do not enter words such as Junior, Senior, or No Middle name. Do not use language accents in names as the Ministry system treats them as fatal name errors.

Birth Date

Year - four digits (e.g., 1998). Month - two digits (e.g., 01 rather than Jan). Day - two digits (e.g., 05 rather than 5).

Usual Names

In most instances the usual name will be the same as the legal name and this section should be left blank. In those situations where the student requests to be referred to by a name other than their legal name, then complete those portions of the usual name which are different.

GenderIndicate gender of the student.

Postal Code

Enter the current BC residential postal code of the student.

Out-of-Province/International student

Indicate if the student is an Out of Province/International student. This includes: • students from out of province • students from other countries • any incoming student not involved in a reciprocal exchange.



(See Special Cases on page 2 for more details).

Aboriginal Ancestry

This includes First Nation (both Status and Non-Status), on reserve and off reserve, Inuit and Metis students.

! NOTE: Aboriginal identification must be made on a voluntary basis.

Status Indian Living On Reserve

Indicate if the student is a "Status Indian Living On Reserve"."Living On Reserve" means that the student lives on the reserve in a domestic establishment that is their principle place of residence with their legal guardian(s) and that is the centre of their daily routine during the school year.

! NOTE: Please ensure that students indicated as “Status Indian Living On Reserve" are on the Nominal roll. If the student has been removed from the Nominal roll please do not report the student as "Status Indian Living On Reserve".

Band Code (Band of Residence)

Please indicate the four character "band of residence" code for the student if they are identified as "Status Indian Living On Reserve". Refer to Appendix 2 for a list of bands of residence and their codes.

! NOTE: Band of Residence code is the band number of the band on whose reserve the student lives. It may or may not be the student’s membership band. For example, if a Cowichan member resides on Penelakut's reserve, the band of residence code for the student should be 0650 for Penelakut.

Primary Language Spoken in the Home

Please indicate the language normally spoken in the home. If more than one language is normally spoken in the home, indicate the language most often spoken. Refer to Appendix 1 for languages and their codes.

Receiving Home Schooling

Indicate if the child’s education program is being led by the parent or guardian and has been registered with your school. A home school registered child must be of school age. Please see section 12 and 13 of the School Act for further details.

KindergartenIndicate if the student is enrolled in Kindergarten.The only valid grade code for public school kindergarten is KF.



Grades 1-12

If the student is in a specific elementary or secondary grade, indicate the specific grade.

Elementary and Secondary Ungraded

Indicate if the student is not in a specific elementary or secondary grade. Ungraded students are not necessarily special education students. The ungraded categories include students who are taking courses at a number of levels and the school personnel do not consider the student to be in a specific grade level.

! NOTE: Students reported under Secondary Ungraded will not be included in the calculation of Passport to Education Stamps.

Graduated Adult

Indicate if the student is a graduated adult by entering GA in the grade code field. (See Special Cases on page 2 for more details).

French language program

Schools may only report French program enrolment for those students who are receiving at least the minimum of time in French language instruction.

ProgramRequired

Minimum Time Core French Grades K-3 4.0%

Grades 4-7 5.3% Grades 8-12 12.5%

Early French Immersion Grades K-3 100.0%* Grades 4-7 80.0% Grades 8-10 50.0% Grades 11-12 25.0%

Late French Immersion Grade 6 100.0% Grade 7 80.0%

Programme Francophone Grades K-12 100.0%*

* By the end of grade 3, some students may be receiving up to 20% of their instruction in the English language.

Core French is a second language program offered at various grade levels, in which French is studied as a subject rather than as a language of instruction.Early French Immersion is a separate program where instruction to students (in some subject areas) is offered in the French language. This program is normally offered to students whose first language is not French.



Late Immersion refers to those beginning French Immersion in Grade 6. At the 8 - 12 level, these students move into and are reported under the Early Immersion stream. Programme francophone is a separate program offered, where numbers warrant, to students whose first language is French or who qualify under Section 23 of the Charter of Rights and Freedoms.

English Language Learning Program or Apprentissage de la langue anglaise Program (for students enrolled in Conseil scolaire francophone de la Colombie-Britannique*)

Refer to the English Language Learning Policy and Guidelines,In order for a Board of Education to qualify for Supplemental Funding for English Language Learning Apprentissage de la langue anglaise* support services, there must be, for each student reported:

1. documentation of a current annual English (French*) language proficiency assessment, dated after September 30, 2011, confirming that the student’s use of English (French*) is sufficiently different from standard English that he or she is identified as requiring specialized services to develop intellectually, to develop as a citizen and to achieve the expected learning outcomes of the provincial curriculum;

2. evidence that a current annual instructional plan is in place, dated after September 30, 2011. The instructional plan must be designed to meet the needs of the student or groups of students as identified in their English (French*) language proficiency assessments;

3. evidence that a specialist teacher is involved in the development of the instructional plan and participates in a regular review of that plan during the school year (at a minimum, at each student reporting period);

4. evidence that additional ELL (ALA*) services are being provided.These services might include direct instruction in reception classes, pull-out services, specialist support to a classroom teacher or teachers’ assistant, and/or additional services provided in a regular classroom environment. When students receive adaptations within mainstream classrooms, there must be documentation that these adaptations address the ELL (ALA*) needs identified in the student’s English Language (French Language*) proficiency assessment;

5. a schedule or list documenting the ELL/ALA* services provided (see #4 above) by an ELL/ALA* specialist teacher, teacher or teacher’s assistant;

6. documentation of the student’s progress in the acquisition of English (French*) proficiency in all Student Progress Reports.

Speech Language Pathology services and other non-ELL (non-ALA*) specific services are not considered to be additional services for purposes of this 1701 report. Reduction of class size is not, by itself, a sufficient service to meet the definition of ELL services.



ELL (ALA*) support services must be in evidence at the time of the September 28, 2012 claim. For secondary students there must be some evidence of support services in September although it may be appropriate to increase the level of service in the second semester based on scheduling of the student’s courses or course load. Service that is deferred entirely to a later time (i.e., there is no support in evidence at September 28) will not be funded.Provincial policy recognizes English as a Second Dialect (ESD) support services as a part of ELL support services. ESD support services must address the development of Standard English language proficiency, including oral language proficiency. Students reported as requiring ESD services speak a dialect of English that differs significantly from Standard English used in school and in broader Canadian society (i.e., significant variations in oral language vocabulary and sentence structure from those used in Standard English). ESD services do not include: speech-language therapy for language development disorders; services that solely address accents in speech carried over from another language; or services that solely address deficits in reading and writing Standard English. Boards must also meet all of the conditions noted above (criteria 1-6) in order to receive Supplemental Funding for ESD.

! Note: Students meeting the requirement of both ELL (ALA*) and a Special Education program may be reported in both categories. Distributed Learning Schools may claim ELL students if they meet the policy and reporting requirements described in this section.

Aboriginal Education Programs and Services

When completing the 1701 form please refer to the policy, “K-12 Funding-Aboriginal Education”.Aboriginal Education programs and services are intended to support the success of Aboriginal students preferably through the implementation of an Enhancement Agreement (EA). This includes strategies and structures which have been identified by the board working with its Aboriginal communities to achieve the goals of the EA. Where an Enhancement Agreement is not yet in place, it is still expected that programs and services are identified through the direct involvement of Aboriginal communities working with the school board to support the success of Aboriginal students. Note: While targeted funds may be used to support an EA, it is important to recognize that the EA is a Board commitment and should not be viewed as the sole responsibility of the Aboriginal education department and limited to targeted funds. An Enhancement Agreement should also be supported through core funding.Students may be claimed for funding under one or more of the following three categories of Aboriginal Education Programs and Services:

Aboriginal Language and Culture Programs: there must be evidence that students are receiving a program leading to knowledge and understanding of Aboriginal language and/or culture.


September 24, 2012 Form 1701 - 10

Aboriginal Support Services: there must be evidence that students are receiving a program intended to assist Aboriginal students to achieve success in school by providing support services. Services should be provided by personnel who are familiar with, and sensitive to, the values, beliefs and needs of the Aboriginal community from which the student comes.

Other Approved Aboriginal Programs: there must be evidence that students are receiving a program developed, defined, approved and delivered through a shared decision-making process between the school board and the Aboriginal communities it serves.

For a student to be reported as receiving an Aboriginal Education Program and/or Services, all of the following must be met:

1. evidence that the student has self-identified as being of Aboriginal Ancestry (First Nations, status and non status, Métis, and Inuit);

2. evidence that the parent or guardian of the student has been consulted; 3. evidence that the Aboriginal Education Programs and Services have

involved the Aboriginal communities in planning and delivery; 4. evidence that the Aboriginal Education Program is in addition to any other

programs and services to which the student is eligible; ! Note: Many programs designed for Aboriginal students may be inclusive

of all students and/or may be designed to increase cultural awareness. As such, the presence of non-Aboriginal students in such programs may be appropriate under the policy.

5. evidence that the Aboriginal Education Programs and services provide a continuum of substantive learning experiences and/or support services throughout the school year.

! Note: A plan for the delivery of these Aboriginal Education Programs and/or Services must be in evidence at the time of the September 28, 2012 claim.

! Note: Students may be reported in all categories for which they meet the requirements: Aboriginal Education Programs and Services, ELL and Special Education Programs.

As per the “K-12 Funding-Aboriginal Education” policy, Aboriginal Education funds must not replace Special Education funding and must not be used for the delivery of BC First Nations Studies 12, English 12 First Peoples or the delivery of any other courses leading to graduation. Cultural events may form part of an Aboriginal Education program but do not constitute a program in and of themselves. Initial lack of consensus with the local Aboriginal communities does not preclude the responsibility of the school board to deliver programs and services for Aboriginal students. The languages and cultures of the First People whose traditional territories are served by the board must be respected. Distributed Learning Schools may claim support for services to Aboriginal students if they meet the policy and reporting requirements described in this section.


September 24, 2012 Form 1701 - 11

Career Program Enrolment Code

Career programs are identified by a two character Career Program code. Only one program may be reported per student. Use one of the 8 Focus Areas listed below:

CODES PROGRAM TITLEXA Business & Applied Business XB Fine Arts, Design & Media XC Fitness & Recreation XD Health & Human Services XE Liberal Arts & Humanities XF Science & Applied Science XG Tourism, Hospitality & Foods XH Trades & Technology

Career Program Type Code If you have entered a career program code for the student, indicate the type of program which the student is participating. Choose one only.

Career Preparation ProgramsPrograms that prepare students for entry into the workplace, or continued studies at the post secondary level in a specific career sector.

Co-operative Education ProgramsPrograms that provide students with opportunities to explore one or more career possibilities.

Secondary School Apprenticeship Program (School-aged students only) A program that provides students with opportunities to begin apprenticeship training while in secondary school. Secondary School Apprenticeship consists of paid workplace-based training that counts towards completion of a trades credential. Students must be registered as a youth apprentice with the Industry Training Authority in order to be reported in the SSA program.

Career Technical or ACE – IT Programs (School-aged Students only) Programs that provide secondary students with opportunities to simultaneously earn their secondary school diplomas and post secondary or industry training certification.

! NOTE: Boards must have a post-secondary partner, or be certified by the Industry Training Authority in order to report students in Career Technical Programs. Students must be registered in a technical training program funded by the Industry Training Authority in order for boards to report students in ACE – IT Programs.

! NOTE: Before reporting students in these programs confirm Industry Training Authority age requirements.

! NOTE: Adults may be eligible for the above program(s) if the course claim(s) are in accordance with the student’s graduation requirements towards a BC Certification of Graduation (Dogwood).


September 24, 2012 Form 1701 - 12

Number of Courses Leading to Graduation

Report according to the actual course credit value. A course is defined by the Student Credentials Ministerial Order MO M164/96.For the purpose of completing this form, consider a four credit course (approximately 120 hours) as one course and a two credit course (approximately 60 hours) as a half course (see chapter 2 of the Handbook of Procedures for the Graduation Program for credit definition). For example, a student taking English 12 (a four credit course) and Applied Skills 11 (a two credit course) should report 01.50 courses in this section.

• Items that are not secondary courses, such as prior learning assessment credit granting, tutorial time and teacher consultation, are not fundable and are not to be included in this section.

• Courses completed via challenge are not to be included in this section. • Post Secondary courses may be reported in this section if they are part of

the school-aged student’s planned program leading to graduation and they meet the requirements in the Recognition of Post-Secondary Transition Programs for Funding Purposes policy.

• One locally developed General Education Development (GED) preparation course may be reported for adults.

For funding and scheduling purposes the Ministry has created a set of generic, non-credit codes that meet Ministry funding requirements as accepted activities for identified special needs students on an IEP.

In order to use these non-credit codes the student: • must have a reported designated special needs category• must have an IEP (Individual Educational Plan) • is receiving an educational program and/or support to meet the goals of

the student’s IEP • is assigned this activity because it is being used to assist the student in

meeting one or more of the IEP goals

CODES TITLEXSIEP 10A through to 10H LD IEP Modified Course 10A etc XSIEP 11A through to 11H LD IEP Modified Course 11A etc XSIEP 12A through to 12 H LD IEP Modified Course 12A etc

Graduation Transitions Schools may report Graduation Transitions in this field. Graduation Transitions is only to be reported once for a student taking a graduation program leading to a BC Certificate of Graduation – Dogwood during their K-12 education and are to be reported when the student is enrolled in grade 12.

Advanced Placement courses Schools may claim an AP course as a separate course in this section only if it meets the definition of a course, is a separate and distinct instructional session of 80-100+ hours on the student’s timetable, the course is being taught by a certified teacher and is in accordance with the Student Credentials Ministerial Order M164/96.


September 24, 2012 Form 1701 - 13

Ministry Work Experience 12 and Secondary School Apprenticeship courses Work Experience 12A and 12B claims must meet the directives of the Elective Work Experience Courses and Workplace Safety Policy, the Work Experience Order MO237/11 and in accordance with the Program Guide for Ministry-Authorized Work Experience Courses.Secondary School Apprenticeship SSA11A, 11B, 12A and 12B claims must meet the directive in the Program Guide for Secondary School Apprenticeship.Schools must ensure when tracking hours related to the work study program segment of WEX 12 and SSA 11 and 12 only one four credit course is claimed regardless of the number of reporting periods the student requires to complete the work placement component.

In order to calculate the Full-time Equivalent for all secondary students enrolled in Grades 8-12, SU and GA report the total number of eligible courses.

To obtain funding for school-aged students, boards of education must meet the following criteria:

• For all school-aged students, except those enrolled in Continuing Education and Distributed Learning Schools, report the student’s annual plan of courses leading to graduation in which the student was enrolled and in attendance as at September 28, 2012.

To obtain adult student funding, boards of education must meet the following criteria:

• For all adult students, a Course Enrolment Form on file at the school listing the course(s) in which the student is enrolled and the date(s) of enrolment;

• For all adult students, except those enrolled in Continuing Education and Distributed Learning Schools, report the courses in which the student was enrolled and in attendance as at September 28, 2012.

! NOTE: When completing the 1701 form please refer to the Adult Program Policy and the Adult Funding Policy .

Distributed Learning Programs • For all students enrolled in Distributed Learning Schools, report according

to the “active” policy. • Distributed Learning Programs report the student’s annual plan of courses

for active students in grades 8-9.• Students in Grades 8-9 may only be reported in one school. • Students in Grades 10-12 enrolled in a Distributed Learning School may

enroll in courses in more than one school. • Report only the courses taken at your school. • For the September 2012 data collection, report all new courses leading to

graduation in which the Grade 10-12 student has become active between May 5, 2012 and September 28, 2012.

Continuing Education Schools For the purpose of completing Form 1701 for the 2012/2013 school year school-aged students enrolled in Continuing Education Schools are reported when they meet the Adult Funding Policy’s definition of attendance.


September 24, 2012 Form 1701 - 14

• School-aged students in Grades 10-12 or SU enrolled in a Continuing Education School may be reported in more than one school, except if enrolled in an Alternate school (see duplicate rules on page 3 for further details), operated by a Board but may only be reported by one Board or Authority.

• For all adult students enrolled in a Continuing Education School, report according to the Adult Funding Policy.

• Adult students in Grades 10-12, SU or GA enrolled in a Continuing Education School may be reported in more than one school and more than one Board or Authority.

• Report only the courses taken at your school. • For the September 2012 data collection, report all new courses leading to

graduation in which the student has met the attendance requirements between May 5, 2012 and September 28, 2012.

! NOTE: School-aged graduates and adults who took part in less than 80 hours of instruction during the summer months are only to be claimed for 1/2 a course.

Support Block

• For the purpose of completing this form, a support block is for non special needs, school-aged, non graduated students in grades 10-12 and SU engaged in their learning at structured times in addition to their academic or regular program courses and are taking fewer than 8 courses. The combined total number of support block and courses leading to graduation cannot exceed 8 for these students.

• Each support block is to be considered equivalent to the 120 hours of instruction of a regular 4-credit course, instructional service is provided and documented by a teacher, regular attendance is expected, and does not include independent study time, drop-in sessions, voluntary study halls, tutorial sessions or time spent on courses at another school.

! Note: Support blocks are not to be reported for school-aged graduates, adult students or by Continuing Education (CE) or Distributed Learning (DL) schools. In support of students taking distributed learning courses, students cross enrolled in non-DL schools may claim one funded support block per student per school year, as long as the other requirements noted above are met.

! Note: Support blocks are not to be used as the sole method for English Language Learning or Aboriginal Education support services.

! Note: In BCeSIS the code for support block is XSPBK 10A etc. It is recommended that other student information systems adopt the same code scheme.

FTE Calculation The following chart shows how FTE will be calculated by grade and student type.

• Reported courses and the calculated FTE will include support block for eligible students.

• Students enrolled in grades 10, 11, 12, SU and GA will be funded for more than 1.0000 FTE if they take more than 8 courses (exclusive of support block claims).


September 24, 2012 Form 1701 - 15

• School-aged non graduated students in grades 10, 11, 12 and SU reported in Alternate programs will be funded for course claims at 1.0000 FTE provided they are enrolled in at least one course.

School-aged Grades 8-9 Grades 10-12, Secondary Ungraded and Adults

Number Reported Funded Reported Fundedof as as as as

Courses Courses FTE Courses FTE1 01.00 0.6250 01.00 0.1250

1.5 01.50 0.6875 01.50 0.18752 02.00 0.7500 02.00 0.2500

2.5 02.50 0.8125 02.50 0.31253 03.00 0.8750 03.00 0.3750

3.5 03.50 0.9375 03.50 0.43754 04.00 1.0000 04.00 0.50005 05.00 1.0000 05.00 0.62506 06.00 1.0000 06.00 0.75007 07.00 1.0000 07.00 0.87508 08.00 1.0000 08.00 1.00009 09.00 1.0000 09.00 1.125010 10.00 1.0000 10.00 1.250011 11.00 1.0000 11.00 1.3750

Number of Other Courses

Report the number of courses not included in the “Number of courses leading to graduation” section. Include Ministry Accepted Certificates for External Courses such as those offered by the Young Drivers of Canada or Royal Conservatory of Music. (See the Ministry External Credits web page or the online Course Registry).

$ NOTE: These courses are not used in the funded FTE calculation.

Special Needs Category Select the appropriate category to report the student as a student with special needs. The following table lists the special needs category titles and relative codes:

CODES CATEGORY TITLEA Physically Dependent B DeafblindC Moderate to Profound Intellectual Disability D Physical Disability or Chronic Health Impairment E Visual Impairment F Deaf or Hard of Hearing G Autism Spectrum Disorder H Intensive Behaviour Intervention/Serious Mental Illness K Mild Intellectual Disability


September 24, 2012 Form 1701 - 16

P GiftedQ Learning Disability R Moderate Behaviour Support/Mental Illness

Students must be reported in the category according to the definition, identification and service delivery found in the Special Education Services: A Manual of Policies, Procedures and Guidelines. Principals should consult with board staff in identifying these students to ensure that information is reliable for audit and accountability purposes. In order to identify a student in a Special Needs category the following criteria must be met:

1. there must be documentation to support that the student has been appropriately assessed and identified by the Board of Education as meeting the criteria of the special education category,

2. a current IEP must be in place dated after October 1, 2011, 3. the goals of the IEP must correspond to the category in which the student

is identified, 4. support services must be outlined in the IEP and must be related to the

student’s identified need(s), 5. there must be evidence that a parent has been offered the opportunity to be

consulted about the preparation of the IEP, 6. there must be evidence that the student is being offered learning activities

in accordance with the IEP developed for the student, 7. the IEP must outline methods for measuring the student’s progress in

relation to the IEP goals.

For students in categories A, B, C, D, E, F, G, and H: The student must be receivingadditional special education services on a regular basis, other than:

• Speech/Language Pathology • Counseling • Physiotherapy • Occupational Therapy • Psychology • Hospital/Homebound Instruction.

! NOTE: A plan for the delivery of these Special Education Services must be in evidence at the time of the September 28, 2012 claim.

! NOTE: Refer to the Distributed Learning - Requirements and guidelines for students with special needs policy for details regarding special needs students enrolled in Distributed Learning Schools.

Submitting the 1701 file to the Ministry

The Ministry will accept transaction files via the Ministry secure EDAccess web site. If your school has a student record system supported by a certified software supplier, you should be able to transmit data to your board office in an electronic format. Otherwise, you must use the Ministry verification software to produce your file for submission. Please contact your district contact person for further details.


September 24, 2012 Form 1701 - 17

APPENDIX 1 CODES FOR PRIMARY LANGUAGE SPOKEN IN THE HOME

044 AFRIKAANS 096 ALBANIAN 076 ARABIC 030 ARMENIAN 034 BENGALI172 BOSNIEN 020 BULGARIAN 083 CAMBODIAN174 CANTONESE 060 CARRIER 043 CATALAN 946 CHINESE 097 CREOLE 112 CROATIAN 024 CZECHOSLOVAKIAN 007 DANISH 132 DUNNE-ZA 004 DUTCH 943 ENGLISH 041 ESTONIAN045 FAEROESE042 FINNISH 944 FRENCH 927 GERMAN 149 GITKSAN 029 GREEK 039 GUJARATI 062 HAIDA 077 HEBREW 036 HINDI 048 HUNGARIAN 008 ICELANDIC 047 INDO IRANIAN 072 INUKTITUT 945 ITALIAN 049 JAPANESE 050 KOREAN 108 KASKA 163 KURDISH 064 KTUNAXA 152 KWAKW'ALA 080 LAOTIAN 084 MALAY-BAHASA 173 MANDARIN 802 NISGA'A

009 NORWEGIAN 153 NUU-CHAH-NULTH 141 NUXALK 145 OKANAGAN 071 OTHER ABORIGINAL 091 OTHER AFRICAN 082 OTHER ASIATIC061 OTHER ATHPASKAN 947 OTHER GERMANIC 090 OTHER LANGUAGES 087 OTHER MALAYO-POLY 147 OTHER SALISHANE 070 OTHER WAKASHANES 033 PERSIAN 085 PILIPINO 027 POLISH 001 PORTUGUESE 037 PUNJABI 103 ROMANCHE 003 ROMANIAN 018 RUSSIAN 065 SECWEPEMC 113 SERBIAN 021 SERBO-CROATIAN 801 SIGNING 035 SINHALESE 025 SLOVAK 022 SLOVENIAN 002 SPANISH 144 STL'ALT'IMC 088 SWAHELI 010 SWEDISH 086 TAGALOG (PHILIPINO) 074 TAMIL 902 THAGALOO 155 THAI 110 TSILHQOT’IN 069 TSIMSHIAN 067 TLINGIT 040 TURKISH 111 TUTCHONE 094 UKRAINIAN 038 URDU 081 VIETNAMESE 023 YUGOSLAVIAN


September 24, 2012 Form 1701 - 18

APPENDIX 2 BAND OF RESIDENCE CODES

604 ?AKISQ-NUK FIRST NATIONS 672 KITKATLA 633 QUATSINO 684 ADAMS LAKE 680 KITSELAS 715 RED BLUFF 659 AHOUSAHT - NTC - AFA 681 KITSUMKALUM 567 SAMAHQUAM 558 AITCHELITZ 553 KLAHOOSE 542 SAULTEAU 709 ALEXANDRIA 503 KLUANE TRIBAL COUNCIL 568 SCOWILTZ 710 ALEXIS CREEK 721 KLUSKUS 581 SEABIRD 711 ALKALI LAKE 627 KWA-WA-AINEUK 551 SECHELT 712 ANAHAM 626 KWAKIUTL 569 SEMIAHMOO 556 ANDERSON LAKE 500 KWANLIN DUN 595 SETON LAKE 685 ASHCROFT - AFA 564 KWANTLEN (LANGLEY) 698 SHACKAN 640 BEECHER BAY 580 KWAW-KWAW-A-PILT 605 SHUSWAP 547 BLUEBERRY RIVER 628 KWIAKAH 706 SISKA 686 BONAPARTE 625 KWICKSUTAINEUK 582 SKAWAHLOOK 700 BOOTHROYD - AFA 579 LAKAHAHMEN 687 SKEETCHESTN 701 BOSTON BAR 678 LAKALZAP 670 SKIDEGATE - AFA 590 BRIDGE RIVER 607 LAKE BABINE - AFA 729 SKIN TYEE 725 BROMAN LAKE 643 LAKE COWICHAN 562 SKOOKUMCHUCK 619 BURNS LAKE 674 LAX-KW'ALAAMS (PORT SIMPSON) 571 SKOWKALE 549 BURRARD 611 LHEIT LIT'EN NATION - AFA 707 SKUPPAH 622 CAMPBELL RIVER - AFA 502 LIARD RIVER 573 SKWAH713 CANIM LAKE - AFA 593 LILLOOET - AFA 570 SKWAY 723 CANOE CREEK 689 LITTLE SHUSWAP 554 SLIAMMON 623 CAPE MUDGE - AFA 606 LOWER KOOTENAY 716 SODA CREEK 591 CAYOOSE CREEK 695 LOWER NICOLA 656 SONGHEES 583 CHAWATHIL (HOPE) 598 LOWER SIMILKAMEEN 657 SOOKE 584 CHEAM 646 LYACKSON 572 SOOWAHLIE 559 CHEHALIS 705 LYTTON 600 SPALLUMCHEEN 641 CHEMAINUS 647 MALAHAT 708 SPUZZUM 620 CHESLATTA CARRIER - AFA 629 MAMALELEQALA 555 SQUAMISH 693 COLDWATER 669 MASSETT - AFA 574 SQULALA 624 COMOX 565 MATSQUI 602 ST. MARY'S 694 COOK'S FERRY 618 MCLEOD LAKE - AFA 613 STELLAT'EN 560 COQUITLAM 673 METLAKATLA - AFA 717 STONE 642 COWICHAN 530 MORICETOWN 615 STONEY CREEK 504 DEASE RIVER 557 MOUNT CURRIE 578 SUMAS 662 DITIDAHT - NTC - AFA 630 MOWACHAHT - NTC - AFA 682 TAHLTAN 548 DOIG RIVER 550 MUSQUEAM 608 TAKLA LAKE 561 DOUGLAS 612 NADLEH-WHUTEN (FORT FRASER) 501 TAKU RIVER TLINGIT 634 EHATTESHAHT - NTC - AFA 614 NAK'AZDLI - AFA 635 TANAKTEUK 644 ESQUIMALT 648 NANAIMO - AFA 654 TASWOUT 543 FORT NELSON 649 NANOOSE 617 TL'AZT'EN NATIONS 610 FORT WARE 720 NAZKO 660 TLA-O-QUI-AHT 592 FOUNTAIN - AGA 726 NEE TAHI BUHN 632 TLATLASIKWALA 531 GITANMAAX - GITSKAN - AFA 714 NEMAIAH VALLEY 637 TLOWITSIS-MUMTAGILA 537 GITANYOW 690 NESKONLITH (NESKAINLITH) 603 TOBACCO PLAINS 677 GITLAKDAMIX 566 NEW WESTMINSTER 718 TOOSEY 535 GITSEGUKLA - GITSKAN - AFA 696 NICOMEN 666 TOQUAHT - NTC - AFA 536 GITWANGAK - GITSKAN - AFA 631 NIMPKISH 653 TSARTLIP 679 GITWINKSIHLKW - AFA 699 NOOAITCH 636 TSAWATAINEUK 533 GLEN VOWELL - GITSKAN - AFA 691 NORTH THOMPSON - AFA 577 TSAWWASSEN 724 GWA'SALA-NAKWAXDA'XW 639 NUCHATLAHT - NTC - AFA 609 TSAY KEH DENE 534 HAGWILGET 539 NUXALK NATION (BELLA COOLA) 665 TSESHAHT 645 HALALT 587 OHAMIL 655 TSEYCUM 546 HALFWAY RIVER 663 OHIAHT - NTC - AFA 575 TZEACHTEN 675 HARTLEY BAY 616 OKANAGAN 668 UCLUELET - NTC - AFA 538 HEILTSUK 664 OPETCHESAHT - NTC - AFA 722 ULKATCHO 661 HESQUIAHT - NTC - AFA 692 OREGON JACK CREEK 588 UNION BAR 703 HIGH BAR 596 OSOYOOS 697 UPPER NICOLA 552 HOMALCO 541 OWEEKENO 599 UPPER SIMILKAMEEN 683 ISKUT - AFA 658 PACHEENAHT 545 WEST MOBERLY LAKE 688 KAMLOOPS 652 PAUQUACHIN 601 WESTBANK 704 KANAKA BAR 594 PAVALION 702 WHISPERING PINES 563 KATZIE 650 PENELAKUT 719 WILLIAMS LAKE - AFA 638 KAYUKTH/CHEKTLESETH 597 PENTICTON 576 YAKWEAKWIOOSE 671 KINCOLITH 586 PETERS 589 YALE FIRST NATION BAND 532 KISPIOX 585 POPKUM 728 YEKOOCHE 676 KITAMAAT 544 PROPHET RIVER 540 KITASOO 651 QUALICUM

appendices

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appendices

aPPendIx g

district achievement contract guidelines

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District Achievement Contract Guidelines 2012-2013

April 2012Available on the Ministry of Education website: http://www.bced.gov.bc.ca/schools/sdinfo/acc_contracts/welcome.htm

Introduction

The School Act requires each Board of Education in British Columbia to prepare and submit to the

Minister of Education an Achievement Contract with respect to student performance and plans for

improving achievement.

District Achievement Contracts are a public commitment made by the Board of Education to improve

success for each student in the District. The contracts ensure that all districts are engaged in continuous

improvement.

Each Achievement Contract is a three-year plan, updated annually, and is the basis for the annual

Superintendent’s Report on Achievement to the Board of Education. Achievement Contracts outline

a district’s goals for the improvement of student success, describe strategic actions, and identify how

the District will monitor progress and make adjustments to improve results. The plan aligns with other

improvement initiatives including the BC EdPlan, Aboriginal Education Enhancement Agreements (EAs), and

District Literacy Plans (DLPs).

Join in the conversation:

www.bcedplan.ca

Page 2

District Achievement Contract Elements

In preparing the three-year Achievement Contract the District must include the following five elements:

1. District Context

Each district has a unique context that influences its operations. The District should describe the contextual

elements that have a major impact on its decision-making, including the assets and challenges that affect the

District’s response to improving student achievement

2. Goals And Expectations (Targets)

While all districts should have a long-term, overarching goal of success for each student, districts must also

articulate goals and expected results (targets) for student performance over the next three years. Achievement

Contracts focus specifically on:

student reading results;

school completion levels;

improving achievement results for Aboriginal learners; and

other matters as determined by the District.

Goals and expected results (targets) should be established by tracking each student’s progress, determining if

the student is working at the expected level, and aggregating the results to forecast achievement of groups of

students. A coherent Achievement Contract will have a clearly articulated rationale connecting the decisions

about goals with analysis of student performance, achievement of previously established targets, and other

pertinent information.

3. Engage and Act (Actions)

Clearly articulated strategies and actions connect district

activities with desired student results. Actions are the key

resources, strategies and organizational structures directed

toward accomplishing the District’s goals. It is expected that

districts will provide an evidence-based rationale for selection

of actions.

4. Assessment and Evaluation

The District uses data formatively to monitor the impact of

its actions on learners and intervenes appropriately when

students are not responding to such actions. Evaluation

processes are used to decide upon the value of the actions in

relation to improved outcomes for students.

5. Respond and Adjust

Evidence from assessment and evaluation processes, including progress towards achievement of

performance targets, should lead the District to confirm or adjust their goals and actions.

Page 3

Draft District Learning Performance Standards

The Draft District Learning Performance Standards are a general set of strategies to guide district

improvement. These strategies have been identified through research as strongly related to increasing

student achievement.

The standards are a valuable tool to guide school districts in organizing their processes to support success

for each student. Districts may choose to refer to some, none, or all of the standards in preparing their

Achievement Contract.

Standard One: Planning that Supports a Cycle of Improvement

The District uses a planning cycle of goals and expectations, engagement and action,

assessment and evaluation, response and adjustment at all levels of the system.

The District’s plan includes the translation of general goals into specific goals or objectives,

determining measures that will let the District know whether the goals are achieved, and setting

out actions that will be taken to achieve the goals.

The District’s plan has a clearly articulated rationale connecting the decisions about goals with

analysis of student performance and other pertinent information.

The District’s plan is aligned with other improvement initiatives including the BC EdPlan,

Aboriginal Education Enhancement Agreement (EA), and District Literacy Plans.

Standard Two: Evidence-based Decision Making

The District makes decisions about plans and actions that are connected to desired student

results through consideration of evidence.

The District selects sets of activities (programs) to evaluate for their effectiveness in improving

student success.

Standard Three: Continuous Professional Development

The District implements a collaborative model of continuous professional development that reflects

the unique needs of the District and is inclusive of educators, paraprofessionals and parents.

The District enables networking and the development of professional learning communities

within and across schools.

The District’s professional development is firmly grounded in current research on system

transformation and innovative practice and supports understanding of personalized learning

within and across schools.

Page 5

Standard Four: Student and Family Engagement

The District focuses on enhancing and enabling student engagement and ownership in

learning through structures, strategies, schedules, and programs that support increasingly

personalized approaches to learning.

The District implements a variety of innovative strategies that welcome members of students’

families to engage with school staff and programs.

The District implements a variety of initiatives that support parent/caregiver engagement

in working with their children and the teacher in setting and meeting the educational goals

of their children.

Standard Five: Community Engagement

The District implements a variety of initiatives that support seamless connections between

schools and communities.

The District makes district/school data available to local communities.

The District involves local community members in school-based planning.

Standard Six: Collaboration and System-based Alignment

The District uses collaborative processes and structures at all levels of the organization.

The District regularly collaborates with other BC school districts to share practice and

support improvement.

The Superintendent collaborates with ministry and other education partner groups to

support the diffusion of innovative practices throughout the province.

Standard Seven: Openness and Transparency of District Information

The District’s achievement data is available for public consumption.

The District supports members of their school communities in learning how to access and

analyze data for the purpose of strengthening public assurance.

The District takes an inquiry-based approach to data in order to develop a higher degree

of understanding.

Reporting

Electronic copies are sent to the Student Achievement Division:

[email protected]

An electronic copy (PDF format) is preferable and paper copies are not required.

The district will ensure that a copy of their Achievement Contract is available for public review in the district

office, in both electronic and hard copy formats. The Ministry will also place each Achievement Contract on

the Ministry website.

Legislated Timelines

Ministry Service Plan [February]

Ministry Annual Report [July]

Three-year District Achievement Contract [July 15]

Superintendent’s Report on Achievement [January 31]

Links and Resources

Achievement Contracts (previous year, all districts)

http://www.bced.gov.bc.ca/schools/sdinfo/acc_contracts/

Ministry Service Plan

http://www.bcbudget.gov.bc.ca/2012/sp/pdf/ministry/educ.pdf

BC School Act

http://www.bced.gov.bc.ca/legislation/schoollaw/

Ministry of Education

appendices

aPPendIx h

bcTf employment equity Toolkit

H

33

2 0 1 1 – 1 2 B C T F S e r v i C e S H a n d B o o k

The Letter of Understanding applies to Employment Equity for Aboriginal teachers

Currently districts do this and usually use target dollars to hire Aboriginal teachers

Special target hirefrom target money

Special programs

Employment equity

Employment Equity for Aboriginal Teachers

emPloYmenT equiTYFor aBoriginal TeaCHerS

LETTER OF UNDERSTANDINGBetween

British Columbia Teachers’ Federation (BCTF)And

British Columbia Public School Employers’ Association (BCPSEA)

Re: EMPLOYMENT EQUITY—ABORIGINAL TEACHERS

The parties recognize that Aboriginal teachers are under-represented in the public education system. The parties are committed to redress the under-representation of Aboriginal teachers and therefore further agree that:• Theywillencouragelocalschoolboardsandteacherunionstomake

application to the Human Rights Tribunal under section 42 of the Human Rights Code to obtain approval for a “special program” that would serve to attract and retain Aboriginal teachers.

• Thepartieswillassistlocalschoolboardsandteacherunionsasrequested in the application for and implementation of a “special program” consistent with this Letter of Commitment.

BCTF supports an Aboriginal Employment Equity program. In the Member’s Guide to the BCTF it states:1.A.13 b. That the BCTF actively support an employment equity program for

the public schools with the aim of achieving a teaching force that is reflective of the ethnic diversity of BC public schools.

PHO

tOS

BY P

EtEr

OW

ENS

34

2 0 1 1 – 1 2 B C T F S e r v i C e S H a n d B o o k

Employment Equity for Aboriginal Teachers

once they’re in the classroom as a:• TTOC• classroomteacher• classroomresource.

The challenges they face are:• pressuretobetheculturalbrokerforallAboriginalpeople• racism• challengetotheircredentials.

The Local Contacts for Aboriginal Education (LCAE) can work with the local president to establish an Employment Equity Program about Employment Equity.

Data sources: Ministry of Education, 2003/04 to 2007/08. Full-year summary report for Student Statistics

and Teacher Statistics, January 2008.Figures are based on 2007–08 District-level data.

Percent Proportionate Aboriginal Number of Actual District Students Aboriginal Teachers Numbers

Vancouver 3.5% 121 41

Prince George 17.3% 160 11

Kamloops/Thompson 13.4% 114 16

Cowichan Valley 14.0% 76 10

Coast Mountains 31.7% 113 17

Prince Rupert 52.2% 89 19

Haida Gwaii 60.9% 35 5

Nisga’a 93.8% 38 17

Stikine 59.1% 13 2

Alberni 24.7% 64 5

For further information

please contactMarjorie Dumont

Aboriginal Education Program co-ordinator

604-871-1854toll-free

1-800-663-9163local 1854

[email protected]

appendices

aPPendIx I

bcTf aboriginal education Policies

I

23

1. Aboriginal Education POLICIES

1.A.01—That the BCTF acknowledge the right and the ability of Aboriginal people:

1. to define problems of Aboriginal students within the public school

2. to take leadership initiatives in arriving at solutions to these problems

and that the BCTF pursue with the Aboriginal people strategies for co-operative efforts to improve educational opportunities in our public schools for Aboriginal students. (Feb 89, Ex, p. 19)

1.A.03—That the BCTF believes that an educational system that forces Aboriginal students to assimilate to majority cultural attitudes and patterns is a form of racism. (99 AGM, p. 28)

1.A.05—That the BCTF recognizes that Aboriginal communities have the primary responsibility for defining what constitutes success for Aboriginal students in the public schools.

(99 AGM, p. 28)

1.A.07—1. That Aboriginal language instructors not be designated as teaching assistants.

2. That the BCTF seek legislative change that would remove School Act and Regulations language that designates Aboriginal language instructors as teaching assistants. (Feb 92 Ex, p. 14)

1.A.09—That locals should ensure that local education agreements not involve dual systems of supervision and evaluation.

(Feb 92 Ex, p. 14)

1.A.11—That the BCTF support a practica for Aboriginal students in band schools. (May 92 Ex, p. 3)

1.A.13—1. That the BCTF recognizes the importance of teachers of Aboriginal ancestry working in the school system, both for programs that are targeted to Aboriginal students and programs that serve all students.

2. That the BCTF actively support an employment equity program for the public schools with the aim of achieving a teaching force that is reflective of the ethnic diversity of BC public schools.

3. That the employment equity program for Aboriginal teachers include the following elements:

a. Goals for achieving employment equity, including goals for having Aboriginal teachers in programs throughout the system, as well as in programs supported by targeted Aboriginal education funding.

b. Workshops for teachers and school districts to explain employment equity programs and how they work.

c. A baseline database of teachers in BC public schools who self-identify as Aboriginal.

d. A registry of Aboriginal teachers who hold BC College of Teachers certificates and who are seeking employment as teachers in BC.

e. Employment equity pilot projects in districts where the BCTF local and the school board agree to undertake a project.

f. A program with targets and actions to increase the number of Aboriginal people who seek and achieve teacher training and qualifications.

g. Research to identify systemic impediments to employment equity, including hiring policies, employment practices and workplace climate.

h. Support networks which include a mentoring program for beginning Aboriginal teachers.

i. An annual report on and monitoring of progress toward meeting the employment equity goals. (Jan 00 Ex, p. 16)

1.A.15—That the BCTF supports headstart-type programs and early intervention programs controlled by Aboriginal communities to give a successful start to the school experience for Aboriginal students. (75 AGM, p. 33)

(Reviewed Dec 79 Ex, p. 15)

1.A.17—That the school and community should recognize the successes of Aboriginal students. (75 AGM, p. 33)


1.A.19—That the BCTF urge the Ministry of Education to facilitate development of district plans and services to support Aboriginal students, particularly at the points of transition where students experience difficulties. (73 AGM, p. 23)


1.A.21—That counselling and Aboriginal support workers should be available in all schools with Aboriginal students to provide assistance to Aboriginal students experiencing difficulty.

(76 AGM, p. 51)

1.A.23—That curriculum and learning resources that are relevant to and respectful of Aboriginal culture be available for use at all levels and that the ministry provide adequate funding for development, distribution and implementation. (78 AGM, p. 38)

1.A.25—That curriculum and learning resources that are relevant to and respectful of Aboriginal culture and its diversity are included as integral parts of the curriculum and Integrated Resource Packages, not as add-ons marginal to the regular program.

(76 AGM, p. 52)

1.A.27—That learning resources related to the culture of the Aboriginals in the region where the school is located be used in classrooms, and that ministry funding should be available to support the development of these learning resources where they do not already exist. (76 AGM, p. 52)

1.A.29—That the BCTF encourage every member to undertake at least one Aboriginal education activity annually.

(06 AGM, p. 26)

1.A.31—That the BCTF express opposition to the regional cutbacks in funding that supports local Aboriginal Education Initiatives. (Jan. 03 Ex, p. 21)

1.A.33—That the BCTF, with other partners, develop, maintain and make accessible to teachers a database of existing learning resources and locally developed curriculum for all grade levels to support the inclusion of Aboriginal content throughout the curriculum. (Feb. 99 Ex., p. 18-22)

1.A.35—That Aboriginal history and culture content be increased in all subjects, with special emphasis on social studies, and that the Ministry of Education fund workshops for teachers and be made available to support this additional content.

(Feb. 99 Ex., p. 18–22)

1.A.37—That the history and background to treaty processes should be incorporated into social studies at different levels, including the information from history, provisions of the Canadian Constitution relevant to Aboriginal inherent rights to self-government, the definition of Aboriginal rights through court decisions, and the BC Treaty Process. (Feb. 99 Ex., p. 18-22)

1.A.39—That First Nations Studies 12 should be offered, in consultation with Aboriginal communities, in secondary schools through the province, and the BCTF and locals provide encouragement through the professional development and specialist association structures for this to happen.

1.A.41—That Aboriginal cultural awareness and enrichment programs and services, supported by targeted funding, be either exclusively for Aboriginal students, or open to all students, by choice of the local Aboriginal communities. (Feb. 99 Ex, p. 18–22)

1.A.43—That the BCTF encourage locals to participate in the development of Aboriginal Enhancement Agreements.

(Sept. 04 Ex, p. 10)

BCTF Members' Guide, Policies (excerpt) Retrieved from http://bctf.ca/uploadedFiles/public/AboutUs/MembersGuide/guide.pdf#AbEd

24

1.A.45—That the BCTF encourage and support the local members’ involvement in the development, implementation and assessment of Aboriginal Education Enhancement Agreements at the local level. (June 05 RA, p. 14)

1.A.47—That the BCTF encourage all universities and colleges to accept BC First Nations Studies 12 as acceptable for Grade 12 course credits for admission and advertise that recognition in their catalogues. (Feb. 99 Ex, p. 22)

1.A.49—1. That the BCTF encourage the faculties of education and the BC College of Teachers to ensure that during teacher training, all teachers take at least one course on Aboriginal history, cultures and education.

2. That the BCTF continue to encourage faculties of education teacher education programs to integrate Aboriginal history, cultures and education issues into all seminars and courses. (Feb. 00 Ex, p. 4)

1.A.51—That the BCTF urge all partners in the enhancement agreement process to shift the focus of enhancement agreements from the current goals of the accountability agenda that emphasize inappropriate testing and ranking to a focus on the learning needs of Aboriginal students. (06 AGM, p. 27)

1.A.53—That the BCTF urge the government to encourage districts to include all partners in the enhancement agreement process, including teachers and support workers, to help design authentic goals for enhancing education for Aboriginal children.

(06 AGM, p. 34)

1.A.55—That the BCTF urge all school districts to invite the local president or her or his designate to represent teachers at the Enhancement Agreement Partners’ table. (06 AGM, p. 34)

1.A.57—That the BCTF urge the government to provide in-service from additional new funding sources with non-target dollars to help teachers work together to effectively implement Enhancement Agreements that are child centered, do not focus on standardized student assessment or other accountability driven measures, and seek to produce positive outcomes for Aboriginal students. (March 06 Ex, p. 3)

1.A.59—That the BCTF urge the provincial government to fully fund the Native Education College. (June 07 RA, p. 9)

1.A.61—That local Pro D committees and provincial PSAs be requested and encouraged to include Aboriginal education workshop offerings in Pro D events and conferences to assist teachers in developing Aboriginal cultural literacy. (Dec. 06 Ex, p. 6)

1.A.63—That the BCTF encourage the ministry to consult with Aboriginal teachers through the locals, regarding local Education Agreements and Enhancement Agreements. (Jan. 07 Ex, p. 9)

1.A.65―That the BCTF encourage members of the Aboriginal Education Partners Group (AEPG) to lobby the ministry to report on expenditures from “targeted funding,” and that the BCTF encourage the AEPG to add targeted funding as a standing item on its agenda.

(09 AGM, p. 8)

1.A.67―That the BCTF urge faculties of education in British Columbia to require that all preservice teachers receive mandatory education in Aboriginal peoples’ history as founding nations and training in antiracism as it relates to Aboriginal students.

(09 AGM, p. 8)

1.A.69―That the BCTF call upon all school districts to stop promoting stereotypical representation of Aboriginal people through the use of sports mascots. (Jan 10 RA, p. 10)

1.A.71―That the BCTF encourage all schools and school districts to commence events with a recognition of whose traditional Aboriginal territory they are on. (10 AGM, p. 8)

1.A.73―That locals be encouraged to commence meetings and events with a recognition of whose Aboriginal territory they are on. (10 AGM, p. 8)

PROCEDURES 1.A.02—That the goals of the BCTF in Aboriginal education be

to improve the success of Aboriginal students in the public schools and to build a new relationship with Aboriginal students and communities, and that these be pursued through:

1. working with Aboriginal organizations and other groups in the public schools to define success and appropriate indicators of success.

2. building awareness and commitment of teachers to practices that will improve the success of Aboriginal students.

3. identifying and supporting practices that help achieve success for Aboriginal students;

4. working to make schools inclusive of and for Aboriginal students, parents, teachers and support workers.

5. building positive relationships of teachers and schools with Aboriginal communities. (99 AGM, p. 28)

1.A.04—That the BCTF AGM, Representative Assemblies, provincial conferences, and zone meetings commence with a recognition of whose Aboriginal territory they are on. (AGM 03, p. 36)

(10 AGM, p. 8)

1.A.06—That the BCTF work with the Deans of Education of BC universities to develop and put in place plans, programs and incentives for the recruiting, attracting, supporting and training of Aboriginal and minorities people to join the teaching profession.

(06 AGM, p. 19)

1.A.08—That locals encourage and work with support staff unions and their school boards to examine the composition of their teaching, support, administrative, and managerial staff to ensure the equitable presence, inclusion, and representation of Aboriginal and minorities in all sectors of the educational system. (06 AGM, p. 26)

1.A.10—That whenever possible, the BCTF include Aboriginal education in BCTF conferences, Federation Leadership Institutes, and other training initiatives. (Jan. 03 Ex, p. 21)

1.A.12—That locals be encouraged to include Aboriginal education representatives in their local processes and structures.

(Aug. 03 Ex, p. 4)

1.A.14—That locals be encouraged to work toward developing a plan for recruiting, supporting, and retaining Aboriginal teachers in union leadership positions. (05 AGM, p. 41)

1.A.16—1. That the BCTF should work with appropriate education and Aboriginal organizations to create a program to encourage Aboriginal people to enter teacher training.

2. That the faculties of education should develop programs that encourage Aboriginal support workers to train as teachers.

3. That each local work with its board of school trustees and Aboriginal communities to develop a district plan for recruiting, retaining and supporting Aboriginal teachers.

4. That the BCTF work with the Aboriginal Educators’ Association (PSA) to develop a program of support for Aboriginal teachers who are new to teaching. (Feb. 99 Ex, p. 18)

1.A.18—That the issue of the reliance on FSAs and other tests in Enhancement Agreements be included in the BCTF Teaching and Learning Plan. (Oct. 07 Ex, p. 6)

1.A.20—Employment Equity for Aboriginal Teachers 1. Overall goal That the teaching population in each school district be

proportionate to the ratio of Aboriginal students in the district. 2. Objectives a. That every local develop a strategic plan to achieve

Employment Equity for Aboriginal teachers, which includes: i. work with members to develop awareness and member

support.

BCTF Members Guide, Policies (excerpt) Retrieved from http://bctf.ca/uploadedFiles/public/AboutUs/MembersGuide/guide.pdf#AbEd

25

ii. the creation of local joint union/district policy on Employment Equity for Aboriginal teachers. iii. elements to address retention as well as hiring of Aboriginal teachers. b. That each district seek dispensation from the Human

Rights Tribunal to allow for preferential hiring of Aboriginal teachers.

c. That each local identify a subcommittee or task force to implement the plan.

3. Role of the Federation a. To support locals in their work to develop an employment

equity strategy. b. To provide local leadership with a suggested strategy to

plan and implement an Employment Equity Program for Aboriginal teachers in their district. The plan will include goals, timetables, and measures of success.

4. Assumptions We support an Employment Equity Program for attraction and

retention of Aboriginal teachers. The BCTF has a letter of understanding attached to the collective agreement and policy supporting Employment Equity for Aboriginal teachers.

(Nov. 07 RA, p. 6)

1.A.22—That the BCTF develop a plan to encourage teachers of Aboriginal ancestry to recognize and report on bullying that stems from systemic discrimination. (Dec. 07 Ex, p. 3)

1.A.24—That the Federation work with the BCSTA and BCPSEA to facilitate self-identification of Aboriginal teachers on application forms. (Dec. 07 Ex, p. 4)

1.A.26—That the Federation endorse the following principles regarding the impact of the proliferation of testing on Aboriginal children. Professional Statement As Aboriginal teachers: • we believe the misuse and overuse of standardized testing further discriminates against Aboriginal children and reinforces negative stereotypes. • we believe paper and pen testing does not acknowledge the gifts of our children. • we believe this is a colonial tool that perpetuates negative feelings and undermines our children’s ability to learn. • we believe there is a problem and more testing will not address our children’s needs. • we believe our children are entitled to equal access to and appropriate support for their successful high school completion. • we believe we need to focus on strategies and solutions to help Aboriginal children. (08 AGM, p. 9)

1.A.28—That the Federation develop and promote materials to recruit Aboriginal students to the teaching profession and that the Federation lobby the BCSTA and school boards to do the same.

(Dec 08 Ex, p. 7)

1.A.30—That the BCTF train Aboriginal teachers in rural areas to facilitate the Aboriginal parent workshops, and include added training sessions to update those who are already trained.

(Dec 08 Ex, p. 7)

1.A.32—That the Federation encourage locals, school boards, and Aboriginal communities to work together to develop workshops on Aboriginal educational issues for all teachers. (Dec 08 Ex, p. 8)

1.A.34—That the Federation actively implement procedures 1.A.06 and 1.A.16 by seeking out interested school districts to develop a locally-based teacher education program for Aboriginal employees wanting to become teachers. (Dec 08 Ex, p. 8)

1.A.36—That the Federation encourage that the locals ensure that their Local Contact for Aboriginal Education (LCAE) be a member of the local executive committee. (Apr 09 Ex, p. 14)

1.A.38—That information be provided to locals that would assist them in the local development and implementation of the employment equity programs for Aboriginal educators including the establishment of locally developed timelines. (Apr 09 Ex, p. 14)

1.A.40―That the BCTF develop and provide a workshop for members that addresses myths and stereotypes of Aboriginal people, and updating the employment equity workshop.

(Jan 10 Ex, p. 12)

1.A.42―That the Federation find ways to meet the demands of workshop requests for Aboriginal Education, Employment Equity for Aboriginal teachers, and Enhancement Agreement workshops by providing sessions to recruit and train Aboriginal teachers as workshop facilitators. (Jan 10 Ex, p. 12)

2. Annual General Meeting Note: The standing rules of order of the Annual General

Meeting are found in Part 5 of this book.

A. General

PROCEDURES 2.A.02—That the Annual General Meeting annually approve a

statement of priority objectives for the BCTF for the following year. (May 78 RA, p. 15)

2.A.04—That following consultation with the Representative Assembly, the Executive Committee recommend the priorities for the following year to the AGM. (86 AGM, p. 7)

2.A.06—That the Executive Committee annually, in its leadership report, submit recommendations for policies, programs, and actions to the AGM. (86 AGM, p. 8)

2.A.08—1. That the Executive Committee recommend to each Annual General Meeting the names of active members to serve on the Resolutions Committee, to act as scrutineers and to act as tellers. The Executive Committee shall also recommend to each Annual General Meeting the names of active members or honorary associate members to act as chairpersons. Individuals recommended as chairpersons shall not be seeking Executive Committee office. (74 AGM, p. 20)

(00 AGM, p. 14) 2. That members be eligible to serve on only one AGM

committee at a time: i.e., Resolutions Committee, AGM Nominating Chairperson/Tellers, and as a scrutineer. (Nov. 98 Ex, p. 20)

2.A.10—That the corporate view of the Resolutions Committee be expressed by the chairperson and that the other members of the committee shall not, by virtue of their membership on the Resolutions Committee, lose any of their normal rights to participate in AGM debates. (Apr 66 Ex, p. 2)


2.A.12—1. That the reports and recommendations of all Executive-appointed committees and task forces be submitted to the AGM only through the report of the Executive Committee.

2. That all recommendations of the Executive Committee to the AGM be accompanied by supporting statements.

3. That, in the event that the Executive Committee does not endorse, or substantially changes, any of the recommendations from a BCTF committee or task force, the Executive Committee shall, upon the request of the committee or the task force, make an annotation in the report of the Executive Committee to the Annual General Meeting. (74 AGM, p. 20)

(Oct 78 Ex, p. 8)

2.A.14—Distribution of documents at the AGM That the following conditions apply to the distribution of printed

materials to Annual General Meeting delegates:

BCTF Members Guide, Policies (excerpt) Retrieved from http://bctf.ca/uploadedFiles/public/AboutUs/MembersGuide/guide.pdf#AbEd

appendices

aPPendIx J

sample Terms of reference: lea subcommittee

J

Draft terms of reference

Education Committee

Terms of Reference: Local Education Agreement Sub‐committee

This Terms of Reference is a sub‐set of the Education Committee’s Terms of Reference

Purpose The Local Education Sub‐Committee has been established to make recommendations about contents and negotiations of the local education agreement to the band council. The recommendations will be made to Chief and Council and the education committee.

Mandate To improve education outcomes for our students in kindergarten to grade 12 through the development of a Local Education Agreement and the negotiation of the agreement. During the 2012/2013 school year the Sub‐Committee will:

a. Review all relevant material relating to the education of our children including but not confined to:

Existing education agreements; Exemplary LEAs within the province of BC; The existing EA and the AC; Research on best practice in Language and culture and other areas of

importance to the education of our children; The role of the community in the agreement;

b. Make recommendations about the contents of LEA to the Chief and Council and the education coordinator

c. Participate in a meeting with the community, chief and Council and Education Committee after the last draft of the LEA;

d. Make recommendations about negotiations to the education coordinator and chief and council.

Reporting The Sub‐Committee will provide a report to the community after the conclusion of negotiation of the LEA for community and chief and council.

Structure Composition of Sub‐Committee The Sub‐Committee will be comprised of one member of each traditional lineage group within the community, a member of the council, two members of the education committee and the band education coordinator. Facilitator of Sub‐Committee The Education Coordinator will provide all necessary meeting facilitation. Appointment of Sub‐Committee members Appointments will be made by the Chief and Council in consultation with the education


committee. Meetings In‐person meeting once a month for six consecutive months.

Roles and Responsibilities

The Coordinator will be responsible for: 1. Providing all necessary supporting documents 2. Preparing a draft of LEA based input of all subcommittee members 3. Facilitating the negotiation process in consultation with subcommittee members

Sub‐Committee members will be responsible for: 1. Reviewing all necessary documents 2. Making recommendations on the contents of the LEA and negotiation process.

Decision Making Procedures

The Sub‐Committee will make best efforts to ensure these ideas are all considered and discussed until all members agree that they can support the decision of the group. All decisions of the Sub‐Committee will be recommendations brought to the Chief and Council for final review and approval. Quorum Quorum is half plus one Sub‐Committee members

Code of Conduct Code of Conduct Continued …

The cultural values, beliefs of our First Nations will be acknowledged and respected. Members will participate in meeting discussions and will work to ensure a respectful and safe environment and provide all members with an opportunity to speak freely without judgment. Conflict of Interest: The Sub‐Committee understands conflict of interest and perceived conflict interest occurs when a member participates in discussions or decision‐making processes about a matter that may directly or indirectly result in benefits (financial or other and regardless of the size) to this member, the member’s organization, or someone with whom the member has a familial or professional relationship.

All representatives of the Sub‐Committee will act with honesty, safety, integrity, trust and openness in conducting and carrying out business.

An

Dispute Resolution: The Steering Committee shall implement a flexible and inclusive process intended to facilitate peaceful and respectful resolution of disagreements between the parties to this Terms of Reference. I

Term These Terms of Reference shall apply until the conclusion of the writing of a LEA and negotiation with the school district and reporting to community.

Amendment The Parties can review these terms of reference with the opportunity to make amendments where necessary and agreed upon by the Steering Committee


Steering Committee Composition

Insert names Alternates may also participate in the Sub‐Committee in place of a Sub‐Committee member as determined by the Chief and Council

appendices

sample local education agreement

12

SAMPLE

LOCAL EDUCATION AGREEMENT

Prepared for

First Nations Education Steering Committee

DRAFT FOR DISCUSSION ONLY

DRAFT FOR DISCUSSION – DECEMBER 2012

1

The purpose of this Sample Local Education Agreement (LEA) is to offer assistance to First Nations that may seek to negotiate an LEA with their local school board(s). This Sample LEA is not mandatory and has been prepared as an available tool for First Nations to refer to if they so choose. It is intended to help set minimum standards for LEAs in British $olumbia while allowing for modisication to address the uniJue circumstances of communities. First Nations are encouraged to adapt this Sample LEA and remove or add any issues (e.g. gender gaps, children in care) as necessary.

This Sample LEA is not intended to serve as legal advice and First Nations are encouraged to seek independent legal advice regarding their particular circumstances.


2

THIS AGREEMENT made and entered into this _________day of _______, 20__ shall be effective from the 1st day of _________20___.

BETWEEN:

THE _________ [FIRST NATION/INDIAN BAND]

(hereinafter called the “First Nation”)

AND

THE BOARD OF SCHOOL TRUSTEES OF

SCHOOL DISTRICT NO. ___

(hereinafter called the “Board”)

WHEREAS

The “Preamble” is an opportunity for the Parties to set out the context, as well as limitations, of the LEA. This can be useful as a point-in-time snapshot of the relationship, which may change as the LEA is renewed over the years, and the relationship and/or the legislative and policy framework change and evolve. The Preamble can assist with interpretation of the LEA.

A. The First Nation, pursuant to its inherent jurisdiction over educational matters related to its members as a fundamental aspect of the inherent right of self-‐government, and consirmed by human rights instruments such as the United Nations Declaration on the Rights of Indigenous Peoples, has the authority and responsibility for the education of its members and desires to ensure its students all have access to, and receive, quality education that is respectful and reslective of their unique culture and history.

B. The School Act, RSBC, c. 412, provides that all school age persons in British Columbia are entitled to receive an education receive an education that enables them to become literate, personally fulsilled and publicly useful, thereby increasing the strength and contributions to the health and stability of that society.

C. The School Act further states that the purpose of the British Columbia school system is to enable all learners to become literate, to develop their individual potential and to acquire the knowledge, skills and attitudes needed to contribute to a healthy, democratic and pluralistic society and a prosperous and sustainable economy.


3

D. The Board has the authority, under section 86 (3) of the School Act to enter into agreements with a Council of a Band as desined in the federal Indian Act, RSC, c. I-‐5 with respect to the education of First Nations students.

E. The First Nation and the Board recognize that the Board is the provincially legislated authority relating to the governance and operation of the public schools, public school personnel and attending students.

F. The First Nation and the Board both have a responsibility for the educational outcomes of First Nation learners and wish to work together to improve First Nation learner outcomes and success.

G. The First Nation and the Board wish to set out the terms upon which they will engage to provide the First Nation and parents greater participation in, and control of, the education services provided to First Nation Students.

H. The Board recognizes that the School District operates within the traditional territory of the First Nation and that First Nation’s whose territory the school is located within will be the basis for determining which First Nation’s history, culture and language will serve to guide program and curriculum development regarding First Nations language, culture and history, as well as School District activities and events.1

I. The First Nation and the Board wish to establish an administrative relationship and work jointly to identify and implement educational programs, and other educational services, for First Nation Students that are appropriate to the cultural and linguistic heritage of the First Nation, and a continuing and growing source of satisfaction and pride for the First Nation and the School District.

J. The First Nation receives tuition funding from Aboriginal Affairs and Northern Development Canada (AANDC) for First Nation Students who are on the Nominal Roll.

K. The Parties wish to enter into this Agreement to set out the terms and conditions regarding the purchase of education services by the First Nation from the Board for the First Nation’s students, and the processes by which the First Nation, and parents and legal guardians, will be involved in the education of their students.

L. *Any other Preamble clauses the Parties agree may be appropriate.

THEREFORE the Parties agree as follows:

1.0 DEFINITIONS

1 Note: Form 1701: Student Data Collection – Form Completion Instructions for Public Schools (July 6, 2012) states

that: “ The languages and cultures of the First People whose traditional territories are served by the board must be respected”, at p. 1701-‐10.


4

The “Dekinitions” section is an opportunity for the Parties to conkirm their mutual understanding of particular aspects of the relationship and the funding framework (e.g. “Tuition Fees,” “Informed Consent”). The Parties should ensure that dekinitions included in their LEA are relevant to their circumstances, necessary (i.e. are used somewhere in the LEA), and accurate. It should be noted that dekinitions may change over time (e.g. as changes may be made to provincial or federal policy) and, so, the Parties should revisit them accordingly. The following sets out some common dekinitions in LEAs, as well as others that may be relevant to the uniIue circumstances of the First Nation’s students (e.g. matters related to special education). Not all of the following dekinitions are used in this Sample LEA, but are provided here as further options that may be applicable to your LEA. For further information on dekinitions used by the Ministry of Education, see the following: http://www.bced.gov.bc.ca/policy/glossary.htm and http://www.bced.gov.bc.ca/reporting/glossary.php

1.1 For the purpose of this agreement, the Parties agree that the following desinitions shall apply:

“1701 Instructions” means the Student Data Collection Form Completion Instructions for Public Schools and Independent Schools that is collected under the School and Student Data Collection Order (M152/89), as may be amended from time to time. Under this Order, Boards of Education are responsible for collecting and submitting the information to the Ministry. The collected information is critical for: allocating funds to boards, tracking student movement between schools and boards, monitoring enrolment trends in programs, and board and school data summaries.

“Aboriginal Affairs and Northern Development (AANDC)” means the federal department of Aboriginal Affairs and Northern Development, formerly Indian and Northern Affairs Canada.

“Aboriginal Education Enhancement Agreement” has the meaning as set out in section 5.1(k).

“Aboriginal Education Programs and Services” means Aboriginal Language and Culture programs, Aboriginal Support Services, or other Ministry approved Aboriginal Education Programs that Targeted Aboriginal Education Funding is used to fund. Such programs and services are developed collaboratively by the Board and local Aboriginal communities and documented, such as in an Aboriginal Education Enhancement Agreement. Such Aboriginal Education Programs must be additional to any other programs and services to which an Aboriginal student is eligible, including base funding, ESL and Special Education, and must be documented, preferably through Enhancement Agreements.

“Achievement Contract” means the achievement contract that must be prepared and submitted, under section 79.2 of the School Act by the Board, on or before July 15 of each year, to the Minister, and made available to residents of the School District and to parents of students attending schools in the district, that sets out, in accordance with the Ministry’s Guidelines for District Achievement Contracts: (a) standards for student performance, (b) plans for improving student achievement in the school district, (c) literacy, (d) early learning programs, and (e) any other matters ordered by the Minister.


5

“Adapted Program” means a program that is adapted in accordance with the British Columbia, Ministry of Education, Special Education Services: A Manual of Policies, Procedures and Guidelines (March 2011), as may be amended from time to time. Adaptations are teaching and assessment strategies especially designed to accommodate a student’s needs so he or she can achieve the learning outcomes of the subject or course and to demonstrate mastery of concepts. Adaptations may include alternate formats (e.g., braille, books-‐on-‐ tape), instructional strategies (e.g., use of interpreters, visual cues and aids) and assessment procedures (e.g., oral exams, additional time, assistive technologies). Essentially, adaptations are a “best practice” in teaching. A student working on learning outcomes at any grade or course level may be supported through use of adaptations. Adaptations do not represent unfair advantages to students. In fact, the opposite could be true. If appropriate adaptations are not used, students could be unfairly penalized for having learning differences, creating serious negative impacts on their achievement and self-‐concept.

“Additional Funding” means any funding, other than Tuition Funding or Targeted Aboriginal Education Funding, that is used in support of educational programs or services offered by the School District. For greater certainty, Additional Funding does not include Special Education Funding.

“Adoption Act” means the provincial Adoption Act, RSBC 1996, Chapter 5.

“Adult %ogOood Certikicate or %iploma” means a British Columbia Adult Graduation Diploma granted by the Ministry of Education upon successful completion of the provincial adult graduation requirements set out in Ministerial Order 289/00, the British Columbia Adult Graduation Requirements Order.

“Annual School Plan” means the plan for improvement developed by each school and school board each year by the School Planning Council, as required by section 8.3 of the School Act.

“BC’s Education Plan” means the Plan launched by the BC Government on October 28, 2011 to transform education so that every student can excel and thrive in a rapidly evolving world and to build on the system's strengths and put students at the centre of their own learning. The Plan, developed in consultation with teachers, parents, students and education partner groups, is based on the principle that every learner in the province will realize his or her full potential. The Plan consists of sive key elementsV Personalized learning for every student; Quality teaching and learning; Flexibility and choice; and High standards.2

"Board" or "Board of Education" means the board of school trustees constituted under the School Act for School District #____.

“Case Conference Team” means a School Based Team.

“Child, Family and Community Service Act” means the provincial Child, Family and Community Service Act, RSBC 1996, Chapter 46.

“Child(ren) in Care” or “CIC” means a child who is in the custody, care or guardianship of a

2 '8: 68:/ 3708:6+<87@ ;//A 2=9ACC???B,-/.95+7B-+C


6

director (a person designated by the minister under section 9 of the Child, Family and Community Service Act), or a director of adoption (a person designated by the minister under the Adoption Act as a director of adoption).

“CommunityLINK” means the provincial CommunityLINK (Learning Includes Nutrition and Knowledge) programs and services intended to improve the educational performance, including the academic achievement and social functioning, of vulnerable students, based on the rationale that vulnerable students sometimes require extra support in order to achieve optimal educational outcomes. CommunityLINK provides over $51 million in funding to all 60 boards of education to support vulnerable students in academic achievement and social functioning. The Ministry of Education allocates an additional $11.2 million to Boards of Education through a vulnerable student supplement. In providing CommunityLINK programs and services, school districts will: establish effective programs which directly support vulnerable students; target CommunityLINK funds to vulnerable students; support family and community involvement; promote partnerships and an integrated approach to supporting vulnerable students with families, communities and service providers. School districts have the responsibility and slexibility to determine the most effective use of CommunityLINK funding for programs and services to support vulnerable students. These funds help school districts provide services such as breakfast and lunch programs, inner city and community school programs, school-‐based support workers, and counselling for at-‐risk children and youth. CommunityLINK desines Zvulnerable students[ as those students who may be at risk in terms of academic achievement and social functioning. These students primarily come from less afsluent socio-‐economic backgrounds.3

“DogOood Certikicate or DiHloma” means the British Columbia Certisicate of Graduation that is awarded by the Ministry to a student upon successful completion of the provincial graduation requirements, as set out in the provincial Graduation Program Order as authorized by the School Act, section 168 (2) (b).

"Early School Leavers" refers to any First Nation Student leaving school prior to the completion of Grade 12, including students who are expelled.

"Education Program" means an organized set of learning activities that, in the opinion of the First Nation and the Board, is designed to enable learners to develop their individual potential and acquire the knowledge, skills and attitudes needed to achieve a quality academic and culturally relevant education, and to contribute to a healthy, democratic and pluralistic society and a prosperous and sustainable economy.

“English as a Second Dialect or ESD services” means provincial services for students who speak a variation of English signisicantly different than that used in school and who therefore may require additional services in order to develop their individual potential within British Columbia’s school system. Support services for ESD are recognized as part of the Ministry of Education’s English as a Second

3 For more information on CommunityLINK, see

http://www.bced.gov.bc.ca/policy/policies/community_link.htm. For information on 2012/13 rates, see: http://www.bced.gov.bc.ca/communitylink/pdf/funding_1213.pdf


7

Language (ESL) support services.4

“First Nations Billing Rate”, formally known as the “Per Pupil Block Rate”, is the average cost of a student attending school in a school disctrict and is determined by multiplying the number of FTE students on the Nominal Roll by the basic allocation amount set in the provincial Operating Grants Manual for the school year, and for which the school district invoices the First Nation, or the Ministry invoices AANDC.5

"First Nation Education Council" means the First Nation Education Council, comprised of [List member First Nations/Bands if there is more than one] within School District established to address all matters pertaining to the negotiation and implementation of Local Education Agreements.6

“First Nation Student" means a student who is eligible to be on the Nominal Roll and for whom the First Nation receives tuition funding from AANDC.

“First Nation Support Worker” means a person hired to provide support services for First Nations students, such as Aboriginal Education Programs and Services.

"Full Time Equivalent (FTE) First Nation Student" means a First Nation student who is in attendance at public school and who is:

of school age as desined in the School Act; or

in full time attendance in an educational program recognized by the First Nation, the Board, the Ministry and AANDC.

“How are We Doing” or “HAWD” Report means the annual publication setting out the data collected by the Ministry of Education to monitor the performance of Aboriginal students in the BC public school system and which includes demographic and assessment outcomes at both provincial and school district level. This report provides a mechanism for the Ministry of Education, Aboriginal communities and school districts to open dialogue and make recommendations for improving the educational outcomes for Aboriginal students.

“Individual Education Plans (IEP)” means a documented plan developed for a student with special needs that describes individualized goals, adaptations, modisications, the services to be provided, and includes measures for tracking achievement. An IEP must have one or more of the following:

the goals or outcomes set for that student for that school year where they are different from the learning outcomes set out in an applicable educational program guide; or

a list of the support services required to achieve goals established for the student; or a list of the adaptations to educational materials, instructional strategies or

4 Note: funding is available for English Language Development (i.e. $1340 for each English Language Learning

headcount student in 2012/13): see Operating Grants Manual.5 For more information: http://www.bced.gov.bc.ca/accountability/district/lea_aandc_sg/welcome.htm6 In some areas, this may be called the “Aboriginal Education Council” or similar name.


8

assessment methods.

An IEP should also include the following: the present levels of educational performance of the student; the setting where the educational program is to be provided; the names of all personnel who will be providing the educational program and the

support services for the student during the school year; the period of time and process for review of the IEP; evidence of evaluation or review, which could include revisions made to the plan and

the tracking of achievement in relation to goals; and plans for the next transition point in the student's education (including transitions

beyond school completion),

as required by the provincial Individual Education Plan Order M638/95 and addressed in the British Columbia Ministry of Education Special Education Services: A Manual of Policies, Procedures and Guidelines (March 2011), as may be amended from time to time.

Individual Learning Plan (ILP)” is an education plan developed for a student where they do not meet the criteria for an IEP but are considered “vulnerable” for the following reasons: not meeting learning outcomes, signisicant absence from school, not transitioning to the next grade, not at grade level, failing courses, behavior issues, children in care7, or under suspension. An ILP will be developed similar to an IEP, although is different from an IEP which is a component of the Special Education Manual. A student’s individual learning need will be identisied along with necessary learning supports and interventions will be provided by the school to assist the student to maximize their learning experience and to move the student to grade level in the given area by developing and implementing an adapted program. Where necessary the First Nation will assist the school with interventions in the home or in the community.8

“Informed Consent” refers to the provision of approval or assent, particularly and especially after thoughtful consideration, after receiving all relevant information. In the context of assessment and placement and education referrals, Informed Consent requires that the parent or guardian be informed of:

the assessment procedures to be carried out; the information to be collected; the intervention that may take place;

7 Note: the BC Representative for Children and Youth (RCY) is currently advocating to ensure her ofsice has an

advocacy mandate, preferably by statute, to advociate in respect of individualized education plans for children in care. The Ministry of Children and Family %evelopment has consirmed that the RCY’s advocacy mandate already includes “children in care (including their plans of care which have an educational component)”. The RCY is seeking clarisication on whether “individualized education plans” is intended to be desined as it is in the School Act (i.e. applicable only where a child has special needs): see Final Submission of the Representative for Children and Youth, “Select Standing Committee on Children and Youth: Review of the Representative for Children and Youth Act”, February a15, 2012, at pgs. 9-‐11. 8 The concept of an ILP is part of “best practices” that have been identisied and applied in some school districts

for addressing the learning needs of vulnerable studnets, such as children in care, and has been used in at least one LEA in BC. Addressing needs of “vulnerable” students is also addressed in the CommunityLINK program: see, for example, the Operating Grants Manual 2012/13, Table 4c, at p. 8.


9

the likely benesits and risks; and the option to refuse or withdraw at any time,

and provided meaningful opportunity to provide input into the assessment and placement or education referral decision.

“Minister” means the Minister of Education (BC).

“Ministry” means the Ministry of Education (BC).

“Modikied Program” means a program that is modisied in accordance with the British Columbia, Ministry of Education, Special Education Services: A Manual of Policies, Procedures and Guidelines (March 2011), as may be amended from time to time. Modisications are instructional and assessment-‐related decisions made to accommodate a student’s educational needs that consist of individualized learning goals and outcomes which are different than learning outcomes of a course or subject – that is, learning outcomes that are substantially different from the regular curriculum, and specisically selected to meet the studentds special needs. Modisications should be considered for those students whose special needs are such that they are unable to access the curriculum (i.e., students with limited awareness of their surroundings, students with fragile mental/physical health, students medically and cognitively/multiply challenged.) Using the strategy of modisications for students not identisied as special needs should be a rare practice.

"Nominal Roll" means the annual census of eligible students living on-‐reserve and attending elementary/secondary school as of September 30.9

“Operating Grants Manual” means the provincial manual, as amended from time to time, that sets out the provincial funding formula that comprises a student base allocation plus supplementary grants. There are 6 broad categories for supplementary grants: Unique student needs (including special needs, English Language Learning, Aboriginal Education and Adult Education programs); Enrolment Decline, where enrolments decrease by more than one per cent in a year; Salary Differentials (for districts with higher average teacher salaries); Unique Geographic Factors; Education Plan; and Funding Protection.

"Parent or Legal Guardian" means, (a) the guardian of the student or child, (b) the person legally entitled to custody of the student or child, or (c) the person who usually has the care and control of the student or child.

“Permanent Student Record” means the Record kept in accordance with Ministerial Order (MO082/09), which is required for each student enrolled or registered in the British Columbia public education system. The purpose of the Permanent Student Record is to document the history of a student’s education program. The Permanent Student Record must be retained by school districts for 55 years after a student has withdrawn or graduated from school and stored according to school district policy. The Permanent Student Record consists of the following two parts: i) Form 1704, and, ii) A minimum of the two most recent years of Student Progress Reports, including documentation to support orally communicated letter grades (or: an ofsicial copy of the Transcript of Grades).

9 This number may be adjusted after AANDC’s appeal process has been exhausted, which is typically in January of

the school year.


10

"Programs" means any programs that are established under the School Act that are offered to students in attendance during the term of this Agreement. “School Act” means the provincial School Act, RSBC 1996, Chapter 412.

“School Based Team” means a team of school-‐based personnel which has a formal role to play as a problem-‐solving unit in assisting classroom teachers to develop and implement instructional and/or management strategies and to coordinate support resources for students with special needs within the school, as set out in the British Columbia, Ministry of Education, Special Education Services: A Manual of Policies, Procedures and Guidelines (February 2011).

“School Completion Certikicate” or “ENergreen Certikicate” means the British Columbia School Completion Certisicate granted by the Ministry, a School Completion Certisicate is awarded to a student who has successfully completed the goals and objectives contained in his or her Individual Education Plan, in accordance with the requirements set out in Ministerial Order 205/95: Student Credentials Order, under the authority of the School Act, section 168 (2) (t).

"School District" means the area constituted under the School Act as School District #____. “School Planning Council” means, in relation to a school, the school planning council established for that school under section 8.1 of the School Act and generally consists of the principal, a teacher, three parents from the Parents Advisory Committee, and one student from Grade 10, 11 or 12 (where applicable) to examine how well their students are performing and develop an annual plan for their school that includes goals and outcomes for improvement. The Board must consult with a school planning council in respect of the following: (a) the allocation of staff and resources in the school; (b) matters contained in the board's achievement contract relating to the school; c) educational services and educational programs in the school; and (d) school safety, including the installation and operation of video surveillance cameras, as set out in section 8.2 of the School Act.

"School Year" means a 12-‐month period, commencing on July 1st and ending on June 30th of the following calendar year. “Second Count” means a second Nominal Roll count of eligible students living on-‐reserve and attending elementary/secondary school taken after September 30, but before February 15th.10

“Special Education Funding” means funding provided for students with special needs, as set out in the provincial Special Education Services: A Manual of Policies, Procedures and Guidelines (February 2011), as amended from time to time.

“Student File” means the sile, in addition to the Permanent Student Record, that is required to be established and maintained for each student enrolled in the public education system and which must contain copies of current records used in the planning and administration

10 February 15th is a suggested second count date. The Parties to an LEA may decide on another date more

appropriate to their circumstances.


11

of the student’s education program. While the content of a Student File will differ with each individual student, at a minimum the Student File will contain the following: current student record inclusions as listed on form 1704 a copy of the student’s current Student Learning Plan (if applicable) a copy of the student’s current IEP (if applicable). After a student has withdrawn or graduated from the education system, records contained in a Student File shall be retained according to school district policy. Information should be updated as it changes and the student progresses through the British Columbia school system. School district policy will determine who is responsible for updating Permanent Student Record form 1704.

"Targeted Aboriginal Education Funding" means the funding provided to the School District by the Ministry of Education targeted for school age students of Aboriginal ancestry participating in Aboriginal Education Programs and Services offered by public schools, and which must be spent on the provision of these programs and services. For greater certainty, funded Aboriginal Education Programs and Services must be additional to any other programs and services for which an Aboriginal student is eligible, including provincial base funding, ESD and Special Education Funding. Targeted Aboriginal Education Funding must not be used for the delivery of provincial curriculum (provincial curriculum includes courses such as BC First Nations Studies 12 and English 12 First Peoples).

“Tuition Fees” means the funding per student received from AANDC by the First Nation which the First Nation pays to the Board for the purchase of education services for students in the School District at the rate set out by the Ministry of Education in its siscal framework for a given school year.

“Vulnerable Student”, as desined for purposes of CommunityLINK, means those students who may be at risk in terms of academic achievement and social functioning. These students primarily come from less afsluent socio-‐economic backgrounds.

“Vulnerable Student Supplement”, as set out in the Operating Grants Manual, provides funding to districts to assist with providing services to vulnerable students in addition to the CommunityLINK special purpose grant. This supplement is calculated based on the following factors and sub-‐components:

• Economic conditions (65%)o Income Assistance (40%)o Deep poverty (30%)o Moderate poverty (30%)

• Demographic vulnerability (12.5%)o Aboriginal population (50%)o Single parent (30%)o Recent immigrant (20%)

• Social conditions (12.5%)o Children in care (60%)o Serious crime (20%)o Suicide/homicide (20%)

• Educational attainment (10%)Adults without high school graduation (100%)

The above formula was calculated and compared to the existing 2011/12 CommunityLINK allocation. Districts that generate less funding through this formula than their 2011/12


12

CommunityLINK will have their CommunityLINK funding maintained at 2011/12 amounts. Districts that generate more funding through this formula will receive the portion above their 2011/12 CommunityLINK allocations through this supplement. This supplement will be provided in the amounts listed on Table 4c for each school year 2012/13, 2013/14 and 2014/15.

T!"B8!5BL!CH<9F!89Z=B=H=CBG!H<9!05FH=9G!A5L!5;F99!5F9!B979GG5FLO

2.0 PURPOSE

The “Purpose” section allows the Parties to state clearly their mutual understanding of what the LEA is intended to do – that is, what purpose the LEA is intended to serve or achieve. For example, if it is intended to provide for a greater role of the First Nation in the education services provided to its students and/or set out a framework for the payment of tuition fees in exchange for specikic education services, it should say so. While there can be more than one “purpose” of the LEA, this section should be concise. If the Parties are able to agree upon and articulate the purpose of the LEA, it will make the negotiation of the rest of the agreement easier. Conversely, sometimes the Parties may kind that negotiating all of the other sections of the LEA will help them to narrow down and articulate the purpose. The approach that will work best will vary and be dependent on the relationship of the Parties.

2.1 The Parties agree that the purposes of this Agreement are to:

a) Consirm the PartiesY shared commitment to, and responsibility and accountability for, First Nation Student success;

b) Consirm the mutual desire and commitment of the Parties to build a positive, effective, collaborative and constructive relationship to work together to:

i. improve First Nation educational outcomes;

ii. assist First Nations Students to achieve their full potential; and

iii. jointly desine ZFirst Nations learner success[;

c) Set out the roles and responsibilities of the Parties to meet the purposes and objectives of this Agreement;

d) Set out processes to jointly assess the performance of the School District and the educational needs of First Nation Students and arrange for the delivery of services, within a culturally respectful learning environment, that will meet these needs;

e) Set out processes to identify targets and success measures, and monitor progress in reaching those targets, in relation to First Nation Student outcomes and achievement levels;


13

f) Ensure a clear and meaningful role for the First Nation, parents and legal guardians, in the education provided to First Nation Students by the School District;

g) Share and exchange information to foster a better understanding of the provincial public school system and funding regime, including the Operating Grants Manual, in order to maximizes access to resources and services;

h) Provide a framework and process for the payment of tuition fees by the First Nation to the Board;

i) Clarify or establish linkages between this Agreement and other accountability mechanisms, including the Aboriginal Education Enhancement Agreement (if any), the Achievement Contract, and Annual School Plans;

j) Set out accountability requirements, including those respecting reporting and auditing11; and

k) Any other purposes the Parties may agree are necessary.

3.0 PRINCIPLES “Principles” serve as guidelines for the relationship. They can be used to reinforce the importance of First Nations culture and language in the education of First Nation Students and can help to set out expectations for, and standards of, accountability.

3.1 The Parties agree to be guided by the following principles:

a) First Nation learners have a right to quality education that reslects and respects the First Nation’s language and culture;

b) First Nation learners have a right to feel safe at school, including safety from racism (students and staff), indifference, bias, marginalization, bullying and stereotyping;12

c) Positive experiences for children in early learning, pre-‐school and kindergarten contribute to a strong foundation for success throughout their

11 It is important for the Parties to understand each other’s reporting and auditing requirements and that these

requirements may affect how a party conducts its affairs. It is also important that the school district share publicly available reports (e.g. program audits) with the First Nation.

12 As school districts and schools undertake the important work of addressing safety, they work within the

framework of federal and provincial legislation, including the Constitution Act, the Canadian Charter of Rights, the Multiculturalism Act, the British Columbia Human Rights Code, the OfZicial ,anguages Act, the Youth Criminal Justice Act and the School Act: see Ministry of Education, Safe, Caring and Orderly Schools A Guide, updated November 2008.


14

school years;

d) There must be high expectations of First Nation learners and their achievement levels;

e) Respect for the First Nation’s unique language, culture and history, and genuine efforts at achieving cross-‐cultural awareness and bridging, are fundamental for ensuring a safe, tolerant, respectful and appropriate learning environment;

f) First Nations learners must be provided an education that ensures that they are consident in their self-‐identity, in their knowledge of themselves, their families, their communities, and their traditional values, languages and cultures;

g) First Nations learners must learn the skills and knowledge needed to thrive in contemporary society, including the technological capacity required in the 21st century;

h) First Nations learners must receive an education that will allow them to access any opportunities they choose, including a range of higher learning, employment, and life choices;

i) .aximiSing and evolving the educational opportunities and benesits, and promoting success, for First Nation Students will occur through regular and ongoing engagement between the Board and the First Nation, an particularly with:

i) parents, elders and other community members; and

ii) other educational stakeholder groups within the School District, including teachers, administrators, and support staff;

j) School policies and learning environment will be respectful and will promote a greater understanding among staff and students of local First Nation culture, language, values and traditions;

k) $urriculum, materials and resources will meaningfully reslect the First Nation’s culture, values, language and traditions, as [approved][determined] by the First Nation or its designate;

l) The effectiveness of this Agreement will be enhanced through regular joint reviews focused on identifying and implementing opportunities for improvement; and

m) Any other principles the Parties may agree are necessary.

4.0 OBJECTIVES


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“Objectives” serve as an opportunity for the Parties to elaborate upon the purposes and principles with greater detail and increase their mutual understanding of expectations.

4.1 The Parties agree to work together to achieve the following objectives:

a) To establish and grow a positive and collaborative working relationship based on open, regular and effective communication;

b) To create, improve and foster a learning environment, at all levels of the school system, that establishes high expectations of all students and that maximizes First Nation Students’ learning by helping them feel safe and comfortable and that they have a strong sense of belonging in the school and community;

c) To identify and implement measures to visually reslect First Nations culture in the School District’s infrastructure (e.g. art, role models) to foster a sense of belonging in First Nations learners;

d) To assess the performance of the School District, work in partnership to improve the performance of the School District to meet the educational needs of the First Nation Students, and to arrange for the delivery of programs, services and practices that will address and meet these needs, with priority placed on:

i. early intervention, specisically in the areas of assessment, ii. remedial work, iii. issues of attendance, iv. evaluation of age/grade levels, v. First Nation content in all curriculum, and vi. promoting courses such as English First Peoples and BC First Nations

Studies 12;

e) To identify and ensure appropriate linkages between any First Nation early learning programs and provincial elementary programs;

f) To ensure that an Individual Learning Plan or ILP is in place, that is regularly reviewed, for any student who is identisied as a 7ulnerable Student and/or requiring additional support (e.g. not at grade level, children in care);

g) To develop and reinforce in First Nation Students a pride in their unique culture, language and history;

h) To promote a greater understanding, awareness and respect for the First Nation’s history, language and culture among staff and students;

i) To facilitate positive interaction between school staff and First Nation communities, parents and elders to promote and enhance cross-‐cultural awareness and understanding;


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j) To collaborate on the development of culturally appropriate First Nation programs which enhance academic and vocational skills and outcomes, while promoting personal, social, cultural and linguistic growth;

k) To collaborate and seek out opportunities or supports that promote or contribute to First Nation Student success (e.g. ensuring reliable transportation to and from school);

l) To increase the number of First Nations Students taking high level academic courses, particularly in math, science, English and EFP 12;

m) To increase the number and percentage of First Nation Students that meet or exceed the prescribed BC Ministry of Education Learning Outcomes in literacy, numeracy, and writing for K-‐12;

n) To increase the number of First Nation Students who make a successful transition from band-‐operated schools to School District schools, between School District schools, or between school districts;

o) To increase the number of First Nations Students who make successful grade-‐to-‐grade transition, particularly at grade levels at which there tends to be a greater likelihood of, or vulnerability for, failing to make grade-‐to-‐grade transition;

p) To increase the number of First Nation Students taking provincially examinable courses necessary for, and leading to, entry into post-‐secondary education institutions and/or able to gain immediate employment;

q) To increase graduation rates and eligibility for post-‐secondary training, and skills which will assist in the development of their communities; and

r) Any other objectives as may be agreed to by the Parties.

5.0 RESPONSIBILITIES & COMMITMENTS

The section on “Responsibilities & Commitments” allows the Parties to clearly articulate the steps they each agree to take to implement the agreement to achieve the agreed upon purposes and objectives, in a manner consistent with the principles. While the following sets out suggested steps the Parties may agree to take, it is not intended to be an exhaustive list. It is important that the Parties discuss and identify all actions they deem necessary to achieve the purposes of the agreement and to clearly set them out to avoid misunderstandings. 5.1 The Board agrees to:

a) Enroll and provide to First Nation Students an educational program in accordance with the School Act, regulations and orders, as amended from


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time to time;

b) Provide access and opportunity to First Nation Students in a manner consistent with Board practices for all students enrolled in education programs in the school district and to continue to strive towards success in educational programs for First Nation Students;

c) Include curriculum, materials and resources that promote an understanding of and appreciation for the history, language and culture of First Nations people in British Columbia;

d) Promote the offering of, and enrollment in, English First Peoples (EFP) 10, 11 and 12 and BC First Nations Studies 12;

e) Promote and support First Nation cultural activities, including National Aboriginal Day activities, in schools within the School District;

f) Encourage and support First Nation learners to participate in extracurricular and sports activities;

g) Provide information on opportunities for parent involvement in the education of their children (e.g. committee processes) and School District and school activities;

h) Promote and support professional development focused on First Nations history, language and culture;

i) Ensure that First Nation Students who are enrolled in programs which will give them the academic credentials to proceed to post-‐secondary education and training are not transferred into Modisied or Adapted programs unless and until:

i) such decisions are made in collaboration with the parent or legal guardian; and

ii) the Board has made best efforts to obtain the Informed Consent in writing of the parent or legal guardian;

j) Meaningfully involve the First Nation in the development, implementation,

monitoring and evaluation of the School District’s Achievement Contract that must be prepared and submitted, under section 79.2 of the School Act by the Board, on or before July 15 of each year, to the Minister, and made available to residents of the School District and to parents of students attending schools in the district, that sets out, in accordance with the Ministry’s Guidelines for District Achievement Contracts:

i) standards for student performance; and

ii) plans for improving student achievement in the school district, (c)


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literacy, (d) early learning programs, and (e) any other matters ordered by the Minister;

k) Where requested by the First Nation, meaningfully engage the First Nation in the development or renewal, implementation, monitoring and evaluation of a Aboriginal Education Enhancement Agreement, between the School District, the First Nation, other local Aboriginal community organizations, and the Ministry of Education designed to enhance the educational achievement of all Aboriginal students and establish a collaborative partnership between Aboriginal communities and the School District that involves shared decision-‐making and specisic goal setting to meet the educational needs of Aboriginal students;

l) Encourage the School Planning Council to engage with the First Nation in the development of the Annual School Plan;

m) Share all relevant information on available and secured funding, and meaningfully involve the First Nation, through an agreed process, in the planning for the expenditure of:

i) the Nominal Roll tuition funding;

ii) Aboriginal Targeted Education Funding13 and, Special Education Funding, including for English Language Learning services (ESL and ESD); and

iii) Additional Funding obtained for programs or services that can be accessed for First Nation Students (e.g. funding for Vulnerable Students).

n) Communicate details of this Agreement, including its purpose, objectives and principles, with school personnel, in particular teachers;

o) Encourage schools, in accordance with policy, make available facilities (e.g. meeting rooms) to support communication among parents, staff and students; and

p) Any other provisions the Parties agree would be useful/necessary.

5.2 The First Nation agrees to:

a) Foster and promote the importance of education, including school attendance and participation, within the First Nation’s communities and the homes of its members, including parents, children and elders;

13 Note the Ministry of Education Policy Document: K-‐12 Funding -‐ Aboriginal Education states that “Targeted

Aboriginal education funding requires the collaboration of Boards of Education and local Aboriginal communities to develop and deliver Aboriginal education programs and services that integrate academic achievement and Aboriginal culture and/or language.”


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b) Promote the active participation and involvement of parents and other community members of the First Nation in the education of their children, including any available processes or forums in the School District (such as parent clubs and other committee processes) and School District or school activities;

c) Bring to the attention of, and educate, the Board, teachers and other School District personnel about any cultural protocols that will assist in creating a culturally sensitive learning environment (e.g. recognizing the First Nation’s traditional territory in School District literature, events and functions; communicating protocol for when Elders are involved in programs);

d) Promote and provide opportunities for the Board, teachers and other School District personnel to attend community events or other events hosted by the First Nation;

e) Provide the Board with lists of resource people having expertise in First Nation cultural, educational, government, economic and health issues;

f) Subject to receiving tuition funding from AANDC, pay the Board the Tuition Fees received from the federal government as agreed to and set out in this Agreement;

g) To participate on the First Nations Education Council14;

h) To actively participate in the development, implementation, monitoring and evaluation of the School District’s Achievement Contract;

i) To actively participate in the development or renewal, implementation, monitoring and evaluation of a Aboriginal Education Enhancement Agreement, where the First Nation has requested such an Agreement;

j) To actively participate with the Board, through an agreed process, in the planning for the expenditure of:

i) the Nominal Roll funding;

ii) Aboriginal Targeted Education Funding and Special Education Funding, including for English Language Learning services; and

iii) Additional Funding obtained for programs or services for First Nation Students (e.g. funding for Vulnerable Students);

k) Encourage and support First Nation learners to participate in extracurricular and sports activities; and

14 The Parties may wish to discuss a formalizing an expanded role for the First Nations Education Council (e.g. to

support the successful implemention of the LEA). FNESC has raised the need for mandated First Nations Education Councils in all BC school districts with the Minister.


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l) Any other provisions the Parties agree are useful/necessary.

5.3 The Board agrees to meet with the leadership of the First Nation at least once per year to review, discuss and address issues related to First Nations learning and progress under this Agreement.

6.0 CURRICULUM & RESOURCES

The section on “Curriculum & Resources” provides an opportunity for the Parties to identify how they will work together to improve and develop district curriculum and resources to better meet the needs of First Nation Students and to increase general awareness within the district of First Nation language, history and culture.

6.1 The Parties agree to, both individually and together, make every effort to:

a) Work together to continuously improve the development and selection of First Nation curriculum, materials and resources for all grades and subject areas, including the First Nation’s language, history, and culture, as may be agreed to from time to time;

b) Introduce more culturally relevant materials, resources and activities in all subject areas for all students;

c) Implement mechanisms to preserve and protect any intellectual property rights the First Nation may have in curriculum, materials and resources;

d) Seek to continually identify measures for ongoing improvements to programs and school performance; and

e) Seek and secure Additional Funding.

6.2 The Parties agree to each consider all opportunities to provide the resources to:

a) Assist in the development of curriculum, materials and resources; and

b) Promote language instruction. 6.3 The Parties agree work together to identify and implement mechanisms for

recognizing school credit for participation in cultural activities.

6.4. Any other provisions the Parties agree are useful/necessary.

7.0 ASSESSMENT, PLACEMENT & INTERVENTION The section on “Assessment, Placement & Intervention” is an opportunity for the


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Parties to set out their expectations regarding the purpose of assessment and placement of First Nations Students, including in relation to Vulnerable Students and Special Education, and how these processes will be carried out. In particular, it allows the Parties to identify how to improve these processes to ensure the needs of the students are met and the parents or legal guardians have a clear and meaningful role.

7.1 The Board will ensure that each First Nation Student will be provided an educational program appropriate to his or her needs and abilities, and will ensure the student’s progress is monitored and reported to the Student’s parents or legal guardian.

7.2 The Board agrees to work with the First Nation to develop appropriate assessment criteria for assessing First Nation Students’ needs, in particular with regard to early kindergarten level assessments, recognizing that early identisication and intervention is necessary to promote student success.

7.3 The Board agrees that parents or legal guardians will be included in meetings regarding their children and that a parent may request a representative of the First Nation be included in these meetings.

7.4 The Board will work with parents and the First Nation to:

a) Monitor the progress of each First Nation Student;

b) Identify and implement intervention supports to assist First Nation Students to reach grade level, where necessary15; and

c) Collaboratively make decisions about any adjustments to the level of a First Nation Student's educational program and make those adjustments after making best efforts to obtain the Informed Consent in writing of the First Nation Student’s parent or legal guardian.

7.5 The Parties agree that assessments may include classroom, school, district or

provincial assessments and that these assessments are intended to result in an understanding of individual learning and lead to instruction, interventions and resources that improve student learning, for example:

a) Classroom assessments could include teacher-‐designed measures to evaluate learning and determine learning level;

b) School, district and provincial assessments could include, for example: Grade Wide Writes, Reading Assessment Database, Foundation Skills Assessment; and

c) Professional assessments could include, for example: an Education Psychologist, a Paediatrician. These assessments could lead to the development of individualized learning or education plans..

15 Early intervention is critical for students to read, etc, at grade level in order to move forward and make

successful grade transitions. Assessments include: early development index (EDI): special education; standardized tests in grades 4 and 7; and, Foundational Skills Assessment (FSA).


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7.6 The Board agrees to work with parents or legal guardians and the First Nation to ensure an Individual Learning Plan in place, which is regularly reviewed, for every student identisied as a 7ulnerable Student.

7.7 The Board agrees that schools will ensure each and every capable First Nation Student is placed in an education program that leads to Dogwood Graduation and that the intentional or unintentional streaming of First Nations Students (e.g. to ungraded courses) will not be tolerated.

8.0 SPECIAL EDUCATION

8.1 The Parties agree that Special Education assessment and placement of, or timetable changes or new timetables for, First Nation Students will follow the School District referral process and must include the following:

a) Special Education assessment:

i) Best efforts must be made to obtain the Informed Consent in writing

of the First Nation Student’s parent or legal guardian;

ii) Within one month of a referral, an appointment for an appropriate assessment is scheduled and all pertinent information about the assessment process is provided to the parent or legal guardian and the school-‐based team, which may include the Education Coordinator of the First Nation; and

iii) Within two months of completion of an assessment, a verbal and written report stating the outcome of the assessment, the options available to the First Nation Student and professional recommendations is provided to the parent or legal guardian and the designate of the parent or legal guardians.

b) Special Education placement:

i) Prior to placement of a First Nation Student on a Special Education Individual Education Plan:

1. An appropriate assessment must be completed and the results must be provided to, and discussed with, the parent or legal guardian, the school-‐based team and designated First Nation support staff (e.g. as may be designated by the parent or legal guardians);

2. An appropriate assessment must be completed, and the implication for educational services identisied in an Individual Education Plan, for the purpose of assisting the student, with an ongoing reporting of services and results provided;


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3. A written report stating the reason for the placement, the options considered and the educational opportunities gained and lost by the placement must be provided to the parent or legal guardian and designated First Nation support staff; and

4. Best efforts must be made to obtain the Informed Consent in writing of the parent or legal guardians;

ii) Special Education Placement Reporting:

1. Written reports on the results of the placement, based on the progress of the First Nation Student, must be provided to the parent or legal guardian and appropriate First Nation support staff at the end of each term during the placement.

c) Appeals of Special Education Assessment or Placement Decisions:

i) The Board will ensure parents or legal guardians are advised of their

rights of appeal. If a parent or legal guardian wishes to appeal an assessment or placement decision, they may sile such an appeal in accordance with applicable Board bylaws, policies and/or procedures regarding appeals 16;

ii) The parent or legal guardian may request, and receive, support in the appeal process from the First Nation Education Council; and

iii) The designated First Nation support staff will receive information about a First Nation Student’s assessment and/or placement after best efforts have been made to obtain the Informed Consent in writing of the parent or legal guardian.

8.2 In accordance with the School Act, the Board agrees to provide the following to the

parent or legal guardian, or designated First Nation support staff with the consent of the parent or legal guardian:

a) Their child’s student record;

b) Copies of all reports and communications concerning their child; and

16 Section 11 of the School Act provides for appeals: 11 _j) If a decision of an employee of a board signisicantly

affects the education, health or safety of a student, the parent of the student or the student may, within a reasonable time from the date that the parent or student was informed of the decision, appeal that decision to the board. All school boards must have appeal procedures to help resolve disputes. The Ministry expects that the appeal procedures will be based on principles of administrative fairness, which include the right of students and parents/guardians: to be heard by the school board; to be consulted in decisions affecting them; and to an impartial school board decision based on relevant information. In addition, the School Act provides for an appeal to the Ministry Superintendent of chievement in certain circumstances: see Special Education Manual (March 2011), p. 4 and Appendix ).4 ] Appeals: Resolution of Conslicts.


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c) Notice of all formal meetings initiated by the school concerning their child.

8.3 The Board agrees to inform, and invite in a timely manner, a parent or legal guardian

or their designate to attend School Based Team meetings dealing with First Nation Students on issues such as Special Education.

8.4 As a matter of best practices, the Parties agree to collaborate to develop a parent handbook on assessment and placement to ensure parents and legal guardians have access to reader-‐friendly information on the process and implications of assessments and placements.

8.5 Any other provisions the Parties agree are useful/necessary.

9.0 STUDENT CONDUCT & SAFETY

The “Student Conduct & Safety” section allows the Parties to clearly articulate their expectations regarding how student conduct issues will be addressed and how they intend to communicate in relation to such issues as student discipline, student safety (e.g. anti-bullying, anti-racism), etc. It also allows the Parties to specify relevant legislation, codes and policies that will apply to foster a safe learning environment in schools.

9.1 The Parties support and encourage positive, responsible and respectful behaviour.

9.2 The Parties agree to identify and implement measures to create a safe learning environment, including safety from racism (students and staff), indifference, bias, marginalization, bullying and stereotyping;

9.3 Expectations for First Nation Student conduct shall be in accordance with the School Act and regulations, the code of conduct for each school as approved by the Board, and the appeals bylaws, policies and/or procedures of the Board, with due consideration given to any recommendations on discipline policy provided by the First Nation.17

9.4 The Board agrees to require that school administrators communicate annually, prior to November 30th, with First Nation representatives to discuss school safety and discipline policies and procedures, and to involve First Nation representatives in any review of, or changes to, the Board’s policies and procedures.

9.5 The Board agrees to encourage a team approach by school administrators with First Nation Education representatives when dealing with general disciplinary issues involving First Nation Students.

9.6 With written parental consent, the Board agrees that the First Nation shall be 17 For an overview of the legislative and policy framework guiding School Boards in relation to school and

student safety, see the Ministry of Education document, Safe, Caring and Orderly Schools: A Guide, updated November 2008, as may be amended from time to time.


25

notisied of potential disciplinary action and all correspondence related to the discipline of a First Nation Student by the school administrator.


10.0 CULTURAL AWARENESS & HIRING IN THE SCHOOL DISTRICT

The “Cultural Awareness & Hiring in the School District” section provides an opportunity for the Parties to identify steps to promote cross-cultural awareness and to address issues and measures in relation to increasing the number of First Nation personnel within the district. Organizations such as the BC Teachers Federation (BCTF) also have policies and programs, which may serve as useful guides or tools to assist the Parties in this regard (e.g. BCTF Employment Equity Program). First Nations are encouraged to become familiar with these policies and advocate for their implementation if appropriate.

10.1 The Board, in cooperation with the First Nation, agrees to promote a greater awareness of and respect for the First Nation’s unique language, culture and history through its policies, practices, plans, curriculum and instruction.

10.2 To prioritize implementation of local culture, language and tradition, the First Nation, in collaboration with the Board, shall identify resource people to facilitate cultural workshops, ceremonies and other events.

10.3 The Board agrees to cooperate with the First Nation to deliver professional development activities for all educational staff working with First Nation Students.

10.4 The Board agrees it will strive to include the First Nation in the hiring of First Nation personnel, including senior personnel, in the School District.

10.5 The Board agrees to provide any employment equity policy it may have to the First Nation and will seek First Nation input into any amendments the Board proposed to make to its employment equity policy.


11.0 REPORTING

The “Reporting” section can serve as a key mechanism for accountability as it provides an opportunity for the Parties to set out specikically what information will be reported, how the information will be reported and who will receive the reports. The reporting process serves as a key component of accountability and a means by which the implementation of the agreement and progress in meeting its purposes may be evaluated.

11.1 Biannual Reports:


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a) The Board agrees to require that principals or school designate of local schools will meet with First Nation designated representatives at least twice a year to provide:

i) the number of First Nation Students enrolled in the School District as of September 30th and covered by this Agreement, and a description of the programs in which they are enrolled;

ii) an outline of student achievement, attendance, any disciplinary action and retention data (e.g. grade to grade transition);

iii) a summary of First Nation Student parental contacts (e.g. by phone, email, school or home visits);

iv) the number of First Nation Students enrolled in alternate programs and secondary courses (e.g. ungraded programs);

v) a summary of the number and nature of First Nation Students placed in .odisied or Adapted programs;

vi) a summary of Individual Learning Plans in place for Vulnerable Students;

vii) with respect to any Early School Leavers, information on whether:

1. any interventions or supports were identisied and implemented prior to the Early School Leaver leaving;

2. any follow-‐up was undertaken with respect to the Early School Leaver after he or she left to bring the him or her back to school or to provide him or her with educational services or supports.

11.2 Annual Report:

a) The Board agrees it will produce and provide to the First Nation an annual report on or before July 31st outlining the provision of educational programs to First Nations Students under this Agreement including the content in the Biannual Report, as well as:

i) the number of First Nation Students enrolled in the School District at the end of each quarter (semester where applicable) during the year;

ii) sinancial reports related to this Agreement, which are prepared by

the Board in the regular course of its operation and which include a copy of the audited sinancial statements;

iii) a complete sinancial report on the Targeted Aboriginal Education


27

Funding, Additional Funding and Special Education Funding, including for ESD, which includes:

a. the number of staff employed using Targeted Aboriginal Education Funding, Additional Funding and Special Education Funding and designated to work with First Nation Students;

b. the proportion of the staff’s time spent working directly with First Nation Students; and

c. the staff’s duties and responsibilities; iv) measures of success of First Nation Students, such as aggregate

results for achievement, attendance rates, grade to grade transition, graduation and student retention rates;

v) update on any First Nations programs, services and/or supports (e.g.

tutoring) that First Nation Students received during the year;

vi) survey report of the year's activities under headings of cultural activities, sield trips and guest speakers;

vii) identisication of areas that require greater focus for the coming year to enhance First Nation Student success;

viii) notice to the First Nation of changes in grade levels or school calendar planned by the School District for the September school opening; and

ix) other issues agreed upon by the Board and the First Nation.

11.3 Upon request by the First Nation, the Board will meet with the community to present and discuss either the biennial or annual reports.

11.4 Where items of an individual student nature are to be discussed then the written Informed Consent of the parent or legal guardian regarding individual students must sirst be obtained.

11.5 The Parties agree to prepare a joint report annually on progress under this Agreement, the Achievement Contract and, if applicable, the Aboriginal Education Enhancement Agreement.


12.0 COMMUNICATION

The “Communication” section allows the Parties to identify modes of communication, and all those with whom the Parties will communicate, to build and improve


28

relationships and to meet the purposes and objectives of the Agreement.

12.1 The Parties will endeavour to establish and ensure excellent communication with

each other through agreed upon preferred means, which may include, but not be limited to, regular and continual contact through newsletters, correspondence and in person meetings, as appropriate.

12.2 The Parties will encourage parents or legal guardians, as the case may be, to attend regular and frequent parent-‐teacher interviews and develop appropriate strategies with teachers to address any issues regarding the parent’s or legal guardian’s child.

12.3 The Parties will encourage meetings such as parent-‐teacher interviews to be held in the community.

12.4 The Board will encourage School District employees of the schools attended by First Nation Students to attend community meetings and events where requested or invited by the First Nation.


13.0 TUITION PAYMENT The “Tuition Payment” section is where the Parties set out a process and schedule for the payment of tuition by the First Nation to the Board, as well as the implications of such issues as labour disputes and Early School Leavers. The Parties should design a payment schedule appropriate to their circumstances.

13.1 For First Nation Students on the Nominal Roll and attending schools operated by the Board on September 30th, and for whom the First Nation has received tuition funding from AANDC, the First Nation will pay to the Board the Tuition Fees amount in accordance with this section 13 of this Agreement.

13.2 For greater certainty, the Parties agree that the First Nation is responsible only for funding received from AANDCI for the tuition of the First Nation’s students according to the approved Block Rate and approved Nominal Roll status code 1. First Nation will not be responsible for paying any amounts that it does not receive funding for from AANDC, unless the First Nation otherwise agrees.

13.3 The September 30th Nominal Roll enrolment sigures shall be verisied byV

a) The School Principal and Secretary Treasurer of the Board;

b) The First Nation Administrative 0fsicer; and

c) A representative of AANDC.

13.4 The Parties agree that Tuition Fees payable for each school year shall be paid by the


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First Nation to the Board according to the following schedule and based upon the September 30th Nominal Roll sigures:

a) ___% or $_____ based on the previous year’s eligible Tuition Fees on or before September 30;

b) ___% or $_____ based on the previous year’s eligible Tuition Fees on or before January 31;

c) ___% or $_____ of the current year’s eligible Tuition Fees less (or, in addition to) the difference between the previous and current year’s eligible tuition fees on or before March 31; and

d) The remaining ___% or $_____ of the eligible Tuition Fees on or before June 30th and an annual adjustment for “early school leavers” in accordance with clause 13.5. 18

13.5 The First Nation agrees to pay tuition fees to the Board, on a pro rated basis, for any First Nation Student for whom the First Nation receives tuition funding, if that student enrolls in a school in the School District following the September 30th Nominal Roll date.19

13.6 In the event of a school closure due to a labour dispute, the Tuition Fees will be equitably adjusted by the agreement of the Parties and returned to the First Nation for the benesit of the First Nation’s students in the same manner as occurs with the Ministry of Education.

13.7 The Parties agree that any adjustment under section 13.6 shall take into consideration the number of days of school closure and adjustments in funding made by funding sources to the First Nation and to the Board, and that it is the intention of the Parties that neither the First Nation nor the Board should benesit sinancially from a school closure.20

13.8 In the case of an Early School Leaver, the Parties agree that tuition fees for that

student, as calculated on a percentage of school year not attended, will remain with

18 The payment schedule may be dependent upon the First Nation’s funding agreement with AANDC. This sample generally reslects AANDC’s payment schedule. Another option that has been implemented in at least one LEA is as follows: “The eligible tuition fees payable for each school year shall be paid by the First Nation to the Board according to the following schedule: An amount equal to 10% of the prior year’s eligible tuition fees on or before the last day of each month

commencing in September; Upon receipt of the approved Nominal Roll and the Board’s per student block amount for the current

school year, the next installment payment shall be amended to include an adjustment for the past installment payments. All subsequent monthly payments shall be in accordance with the new rates and enrolment sigures; and

Any remainder on or before June 30.”19 The Parties may wish to identify dates by which the payment of tuition for any such additional students will be

reconciled.20 The Parties may wish to set out dates by which adjustments will be made.


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the First Nation and, in the case of advanced tuition payments, the funds not used (as calculated by the percentage of school year not attended) will be credited to the First Nation for the purpose of providing the student with educational opportunities.

13.9 The Parties agree that additional services or programs not contemplated by this Agreement may be provided by the Board through agreement by the Parties on the terms and costs for such service(s) and/or program(s).


14.0 DEFAULT The “Default” section is an opportunity for the Parties to clarify what will happen in the event of a default under the Agreement. It may be a referral to a dispute resolution process, or the Parties may choose to set out in greater detail what constitutes a default under the agreement.

14.1 The Parties agree that, if there is a default under the terms of this Agreement, the issue will be referred to the dispute resolution process outlined in Section 16.

15.0 MONITORING, REVIEW & IMPLEMENTATION

This section allows the Parties to clearly articulate the steps they each agree to take to implement the agreement to achieve the agreed upon purposes and objectives in a manner consistent with the principles. While the following sets out suggested steps the Parties may agree to take, it is not intended to be an exhaustive or exclusive list. It is important that the Parties discuss and identify all actions they deem necessary to achieve the purposes of the agreement and to clearly set them out to avoid misunderstandings.

15.1 The Parties agree to establish a joint Implementation Committee responsible for overseeing the implementation of this agreement.

15.2 The Parties agree to jointly develop terms of reference for the Implementation Committee within ___ days of the signing of this agreement.21

15.3 The Parties agree to establish and implement a process for joint monitoring and review of the effectiveness of this Agreement, and to identify and implement opportunities for improvement of this Agreement, in achieving the purposes, principles and objectives.

16.0 DISPUTE RESOLUTION

21 Note: this provision is only suggested if the Parties have not jointly developed terms of reference prior to the

signing of this agreement. Sample terms of reference are provided in the LEA Toolkit.


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The “Dispute Resolution” section is an opportunity for the Parties to set out a mutually acceptable process for addressing any disputes that may arise so that they can be addressed or resolved. The Parties are encouraged to develop a dispute resolution process that is appropriate to their circumstances. The process set out here serves as one possible model.

16.1 If there is a dispute between the Parties with respect to any matter arising from this Agreement, or relating to the interpretation and application of this Agreement, the Parties agree to use their best efforts to resolve such disputes in a reasonable and timely manner.

16.2 Where there is a dispute between the Parties, the Parties agree they will attempt to use any and all face-‐to-‐face means to resolve the dispute at the point closest to which the dispute sirst arises before referring the dispute to senior level representatives.

16.3 If senior level representatives are unable to resolve the dispute, the Parties will refer the matter to a Dispute Resolution Committee.

16.4 Dispute Resolution Committee:

a) If a dispute between the First Nation and the Board under this Agreement is not settled in a timely manner, the Parties shall establish a Dispute Resolution Committee consisting of three members to resolve the dispute as expeditiously as possible.

b) The Board and the First Nation will each appoint one person to the Dispute Resolution Committee and those two members of the Committee shall appoint a third person, who shall be the Chair of the Dispute Resolution Committee.

c) The sirst two appointees will convene a meeting as soon as reasonably possible to appoint the third member of the Dispute Resolution Committee to consider and resolve the dispute.

16.5 Proceedings:

a) When a dispute is under consideration by the Dispute Resolution Committee, the Dispute Resolution Committee shall determine the manner in which the Parties shall proceed to carry out their respective obligations under this Agreement until the dispute is resolved.

b) Both Parties will be provided an equitable opportunity to present their case and related evidence to the Dispute Resolution Committee and, though no formal rules of evidence shall apply to proceedings for the Dispute Resolution Committee, established legal procedure and evidentiary rules may be used as a guide to conducting the proceedings.

c) Proceedings of the Dispute Resolution Committee shall be fully accessible to the Board and the First Nation.


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16.6 Decision:

a) The Dispute Resolution Committee shall render a binding decision in writing to the Parties within 20 business days of the conclusion of its proceedings.

16.7 The Parties agree to endeavour to resolve issues or disputes that may arise about this Agreement, or its implementation, in manner that fosters an improved, ongoing and respectful relationship between the Board and the First Nation.

17.0 TERM & AMENDMENT The “Term & Amendment” section is where the Parties set out the date for the commencement and expiration of the agreement. One of AANDC’s requirements is that -EAs haNe dekined terms. The term should coincide withT or be reklectiNe ofT the fact that they are tied to funding agreements between the First Nation and AANDC (AANDC policy requires that those First Nations with multi-year funding agreements haNe -EAs in place with the school district before AANDC will klow tuition funding to the First Nation).

17.1 The term of this Agreement will be _____ years, from July 1, 20___ to June 30, 20___ inclusive.

17.2 This Agreement shall be considered in effect for another full _____ year term unless notice is given 90 days prior to June 30, 20___ or any successive anniversary.

17.3 Both Parties agree to formally review and, if agreed, amend this Agreement within 90 days of each anniversary.

17.4 Either Party may terminate this Agreement with written notice given 90 days prior to expiry date.

17.5 Unless notice has been given to amend or terminate this Agreement, the Parties agree that the terms and conditions provided for in this Agreement will continue to apply for the next year.

18.0 NOTICES 18.1 Any notice, claim, consent, waiver, statement, or other documents or payment that

either party may require or may desire to give, may be transmitted by mail, fax or personal delivery and will be conclusively deemed validly given or delivered or received by the addressee, if delivered personally on the date of delivery or, if mailed on the sifth business day after the mailing of the same in Canada by registered mail addressed or, if faxed with accompanying consirmation of completed transmission:


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If to the First Nation:FIRST NATION “Address” City Postal Code If to the Board: The Secretary-‐Treasurer School District“Address”CityPostal Code

19.0 GENERAL The “General” provisions include provisions often found in agreements between First Nations and other Parties. These should include a non-derogation and without prejudice provision in relation to Aboriginal and treaty rights.

19.1 This Agreement will be governed by, and construed in accordance with, the laws in force in the Province of British Columbia.

19.2 This Agreement will be to the benesit of, and binding upon, the Parties hereto and their respective successors and assigns.

19.3 This Agreement supersedes any and all previous local education agreements between the Parties.

19.4 The Parties acknowledge that:

a) nothing in this Agreement, or in the negotiation of this Agreement, or in any prior document leading to this Agreement, in any way desines or amends, recogniSes, afsirms, or denies the eQistence of, or in any way limits any priorities afforded to the Aboriginal or treaty rights of the First Nation, and

b) that this Agreement is without prejudice to the rights of the Parties and the First Nation with respect to such matters.

IN WITNESS WHEREOF the Parties have eQecuted this agreement as of the date sirst above written. SIGNED on behalf of the ________________

FIRST NATION by its duly authoriSed Ofsicers


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______________________________Chief

in the presence of:

_______________________________Witness

______________________________Councillor

SIGNED: ON BEHALF OF THE BOARD OF EDUCATION

_________________________________ _____________________________Witness Chairperson – Board of Trustees

_____________________________Secretary Treasurer SD #___


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