Recognition of the Territory

1. British Columbia Tripartite Education Agreement (BCTEA)Supporting First Nations Student SuccessA presentation to the AFN First Nations Education Transformation Forum on K-12 Education FundingMay 24, 2019

2. Recognition of the Territory

3. Draft Agenda: Introduction to BCTEA Public Schools: • Local Education Agreements • Transportation of Students to BC Public Schools • Accountability initiatives for First Nations students in Public Schools • Targeted Indigenous Funding First Nations Schools: • Language and Culture • Transportation capital • Technology • Adult Education • Professional Development • Second and Third Level Services Negotiation Considerations

4. Introduction to the BC Tripartite Education Agreement

5. Introduction to BC Tripartite Education Agreement In June 2018, FNESC, BC and Canada, with the First Nations Schools Association as a witness, signed the BC Tripartite Education Agreement: Supporting First Nation Student Success (BCTEA). BCTEA is intended to promote systemic shifts and collective efforts that will support improved educational outcomes of all First Nation students in BC, regardless of where they live or are enrolled in school. BCTEA updates and expands upon the previous Tripartite Education Framework Agreement (TEFA, 2012-2018).

6. Structure of BCTEA The main agreement: • Preamble (important context for First Nations education in BC) • Principles and Objectives • Purpose • Substantive commitments • Dispute Resolution • Review/Amendment/Term/General Provisions Schedules: • BC First Nation Education System • Definitions • Second and Third Level Services • Special Education • Language and Culture • Graduation Credential • Transportation for FN Students in BC Public Schools • Local Education Agreements • Regional Reporting, Mutual Accountabilities and Data Sharing • Funding Protocol • BC First Nations Education Funding Model – Overview of Components To be negotiated: Tripartite Funding Arrangement (“Tuition Schedule”) and Information Sharing Protocol.

7. Students in the BC First Nations Education System

8. Local Education Agreements

9. Local Education Agreements An Local Education Agreement (LEA) is an agreement between a First Nation and a board of education or independent school authority, to purchase education services from the board/authority for First Nation students, using federal funding from the Department of Indigenous Services Canada (ISC). LEA’s are an important mechanism for building relationships between First Nation communities and boards of education or independent school authorities, to support improved First Nation student outcomes.

10. Local Education Agreements • Second and Third Level Services can support First Nations to negotiate and implement LEAs. • BC will: • invest in building the capacity of school boards to negotiate and implement LEAs • jointly convene, with FNESC, an annual meeting with school districts to educate and share information about UN Declaration, TRC Calls to Action and First Nations education • explore, identify and implement other mechanisms to share LEA information with education stakeholders. • The Parties will develop and implement a process to monitor LEAs

11. BCTEA and LEAs In BCTEA, the Parties agreed to… “develop and implement a strategy, and related policies, to support the negotiation and implementation of Local Education Agreements (LEAs) between First Nations and boards of education or BC Independent Schools.” (BCTEA S.4.12) First Nations without an LEA will now have the option of entering into a provincial LEA, under which Canada will provide funding directly to First Nations for their students attending public schools. The main purpose of a Provincial LEA is to support First Nations who have no LEA in place with a school district and who have not been able to conclude an agreement. FNESC drafted the provincial LEA.

12. LEA Supports and Accountability • FNESC Second and Third Level Services will continue to support First Nations in the negotiation and implementation of LEAs. • BC will: • invest in building the capacity of boards of education to negotiate and implement LEAs • jointly convene, with FNESC, an annual meeting with school districts to educate and share information about the UN Declaration, TRC Calls to Action, the 10 Guiding Principles and First Nations education • explore, identify and implement other mechanisms to share LEA information with education stakeholders. • The Parties will develop and implement a process to monitor LEAs.

13. LEA Policy and Legislation • Schedule H states the following: • 2.2 The Parties will collaborate to identify: • new legislation, or revisions to legislation; and • new policies, and revisions to existing policies; • required to support the negotiation and implementation of LEAs between First Nations and boards of education, and work to develop or revise policies and propose such legislation, consistent with the Guiding Principles to be developed under section 2.1. • 2.3 In fulfilling section 2.2, the Parties will endeavour to address and resolve any inconsistencies between federal and provincial policies in order to bring greater clarity to the Parties. • New policy and legislation will be required for effective implementation of LEAs

14. Provincial LEA The Ministry of Education and FNESC are working to finalize the Provincial LEA template to be used as a base for shared accountability and collaboration between boards of education and First Nations. This is not yet finalized.

15. Transportation of On-Reserve Students to BC Public Schools

16. Transportation to BC Public Schools • BCTEA includes a new commitment to ensure adequate and appropriate transportation services for First Nations students who attend public schools. It introduces Joint Transportation Plans and the targeting of transportation funding. • Boards of education will discuss school transportation directly with First Nations to create joint plans to address transportation for students who live on-reserve and attend public schools. The Joint Transportation Plans are to include strategies to address various modes of transportation, such as walking, driving, bussing, ferry or water taxi, depending on local needs. • Commencing in the 2019/20 school year: • Canada will pay the First Nation Student Transportation Fund to BC. • BC will allocate the Fund to school districts by way of a special grant.

17. Transportation to BC Public Schools cont’d This existing funding that will now be targeted to ensure it is only used to address the transportation needs of First Nations students attending BC public schools. The Minister will impose strict requirements that the funds may only be used for the transportation needs of First Nation Students attending BC public schools. For boards of education with continuing or emergent First Nation Students transportation issues, the Ministry will intervene to determine outstanding transportation issues and, as necessary, direct the board of education to address the identified transportation issue with available First Nation Student Transportation Funding in consultation and agreement with the First Nation.

18. Guiding Principles for Joint Transportation Plans The following guiding principles apply to the development of Joint First Nation Student Transportation Plans by Boards of Education and First Nations: • Board of Education and First Nation will identify transportation needs • Safety is paramount • Transportation for extracurricular activities and sports • No walk limits • Shortest ride possible • No highway pickups • Communications protocol • Professional development • Criminal record checks • Changes to the joint plan only by written agreement

19. Transportation and Accountability • The Parties established a tripartite First Nation Student Transportation Committee to assess the Joint First Nation Student Transportation Plans. • School Boards and/or First Nations (if they are service providers) will be required to report on their transportation spending through audited financial statements. • In the event that the First Nation Student Transportation Fund is not sufficient to fund all Joint First Nation Student Transportation Plans, Canada will fund the necessary increase to the First Nation Student Transportation Fund (Schedule G, 3.6). Any federal funding provided pursuant to BCTEA is subject to the appropriate of funds by Canada. • The Parties will review the effectiveness of the strategy after 2 years of its implementation, or as otherwise agreed.

20. Accountability Initiatives for First Nations Students in Public Schools

21. First Nations Educational Outcomes Improvement Teams Educational outcomes for First Nations students vary significantly among BC school districts. As one measure of increased accountability for First Nation Student outcomes, British Columbia will “undertake a program to build capacity to improve outcomes for First Nation Students within school districts, with a priority for those school districts having consistently low outcomes for First Nation Students.” (BCTEA s.4.16) BC, in consultation with FNESC, will prioritize school districts for examination, and identify any school district specific issues believed to be impacting educational outcomes for First Nation students in that particular school district.

22. First Nations Educational Outcomes Improvement Teams, cont’d BC will establish First Nations Educational Outcome Improvement Teams comprised of individuals having expertise in the issues identified for a specific school district, to engage that school district and develop a school district plan to improve educational outcomes for First Nation Students in that school district. FNESC will have a representative at each Team. Each Team will report to the relevant Assistant Deputy Minister, who will share the outcome of the Team’s intervention with the First Nations whose First Nation Students attend a BC School within that school district, the board of education, and the Aboriginal Education Council.

23. Professional Development Starting in the 2019/20 school year, by Ministerial Order, at least one non-instructional day per year will be focused on enhancing Indigenous student achievement and integrating Indigenous worldviews and perspectives into learning environments FNESC encourages the involvement of local First Nations in making of this an effective and successful day

24. First Nations Student Rates Schedule J, the “Funding Protocol,” sets out critical information with respect to the flow of funding. Each year, the Ministry has set a First Nation Student Rate, formally known as the “Billing Rate” or “Per Pupil Block Rate.” This is the average cost of an FTE student attending school in a school district. The First Nations Student Rate will now be set by the Ministry of Education in consultation with FNESC and Canada. FNESC is now a member of the Technical Review Committee responsible for reviewing and recommending changes to the provincial education funding model. Adjustments to the BC First Nations Education Funding Model are jointly determined (Schedule J, 8.5-8.7).

25. Tripartite Data Committee Draft Terms of Reference The Parties hereby establish a First Nation Student Data Committee (the “Data Committee”) to develop a data collection and information sharing plan that includes: • An environmental scan of currently available data; • Identification of further data required to further the purpose and objectives of the Agreement; • Development and implementation of instruments and processes required to enable or facilitate the sharing of relevant data, as appropriate; • Identification of instruments and/or processes to collect data regarding First Nation students who live off-reserve and attend BC Schools; • Development and implementation of instruments and/or processes for the analysis of data to inform improvements to education program and service delivery to support improved First Nation Student outcomes; and

26. Data Sharing and Mutual Accountabilities • Subject to the Freedom of Information and Protection of Privacy Act, British Columbia will provide the following aggregate data to FNESC for First Nations Students who attend BC Schools: • percentage of students who are meeting or exceeding expectations for reading, writing and numeracy in grades 4 and 7 in the Foundation Skills Assessment; • participation rates for the Foundation Skills Assessment; • six-year completion rates (provincial and school district level data); • proportion of students awarded a BC School Completion Certificate; • six-year completion rate for students ever enrolled in an Alternate Program; • grades 10 to 12 math course participation rates; • data related to assessments required for graduation purposes; and h) attendance.

27. First Nations Community-specific Student Data There will be improved accountability and reporting for students in public schools through the provision of First Nation community-specific data and annual student outcome reports to FNESC.

28. FNESC involved in Provincial Processes In Section 8.2 of BC TEA, British Columbia commits to provide funding to FNESC to support its participation in provincial processes, and engagement with the Ministry, to support improved First Nation Student outcomes in BC schools. For example, to support the negotiation and implementation of LEAS: $1.5 million from MEd to FNESC to provide grants to First Nations $1.5 million from MEd to the school system to support School Districts

29. Draft Indigenous Education Targeted Funding Policy Indigenous Education Targeted funding (approx. $74 million) is provided to Boards of Education working with Indigenous partners for the purpose of improving outcomes for Indigenous Learners. School districts must engage annually in meaningful consultation with all local First Nations to develop an Annual Financial Plan to determine how targeted funding will be spent. This is part of a broader framework of accountability. School districts receiving the funding must report on the spending to local First Nations and the Indigenous Education Council at year end.

30. First Nations Schools Resources

31. New BCTEA Funding New $20 million investment each year: • Language and Culture – new funding (approx. $14 million) • Transportation costs of First Nations schools - increased funding (approx. $1.3 million) • Transportation capital (school buses) for First Nations schools (approx. $1 million) • Adult education – increased funding (approx. $900,000) • Second and third level services for First Nations schools and communities – increased funding (approx. $2.7 million)

32. Language and Culture for First Nations Schools • First Nations Language and Culture learning is central to BCTEA. • Under BCTEA, Language and Culture funding is provided to First Nations schools, including school grants and services • The BCTEA formula provides funding for First Nation Language and Culture second and third level services, including the following: • Language Coaches for First Nations schools • Professional development for First Nations Language teachers in First Nations schools • Summer Institute • Regional workshops and Learning Networks • Research and Curriculum Development

33. BCTEA Negotiation Considerations

34. BCTEA Negotiation Considerations Incorporate policy proposal language. Work with senior ISC representatives. Need legal and funding formula experts on your team. Be very clear. Protect existing funding levels. Consider special circumstances of block funded / 10-year agreement First Nations. Strategically involve senior First Nations Leadership.

35. BCTEA Negotiation Considerations cont’d Request authorization documents from government. The agreement should not be all formula driven. Include the provision that the agreement prevails over existing policies. Recognize that regional and national ISC may not always agree. Document all issues in writing / letters. Hold the pen on the writing of the agreement.

36. Next Steps BCTEA implementation is an ongoing process Preparation for the next agreement Find BCTEA and related resources at www.fnesc.ca/bctea

37. Questions & Comments

38. Thank you For more information: www.fnesc.ca/bctea First Nations Education Steering Committee Suite 113-100 Park Royal South West Vancouver, BC V7T 1A2 P: 604-925-6087 Toll-free in BC: 1-877-422-3672 info@fnesc.cawww.fnesc.ca