Proposal for a Bill on First Nations Education

Transcription

1 Proposal for a Bill on First Nations Education Prepared for Saugeen First Nation Kahontakwas Diane Longboat November 16, 2013

2 Rights Holders

3 Indigenous in our Homelands

4 Dimensions of Indigeneity

5 Strengths of First Nations SACRED BALANCE KAHONTAKWAS DIANE LONGBOAT 5

6 STRENGTHS OF FIRST NATIONS RESOURCES GOVERNANCE HOMELANDS SPIRITUALITY CULTURES TRADITIONAL KNOWLEDGE CORE VALUES DEFINE A NATION LANGUAGES KAHONTAKWAS DIANE LONGBOAT 6

7 Stories of Creation Original Instructions Seven Sacred Laws Midewiwin Scrolls Petroforms, Glyphs Land Formations Societies Prophecies Cycle of Ceremonies Spiritual Laws

8 First Nations Jurisdiction Over Education Hold Inherent and Treaty right to exercise jurisdiction over education as part of the right to self-determination and self-government Right to make laws on education Right to make construct institutions to make decisions Right to develop unique delivery systems Right to transmit Indigenous knowledge systems Right to free, prior and informed consent when our rights are endangered

9 Application of the FNEA To all First Nations in Canada Exemption List: Self governing First Nations with Education Laws in place as an Act of Parliament, Sechelt Indian Band Self Government Act, Mikmaq Education Act, First Nations Jurisdiction Over Education of BC Act, s. 4 Tripartite Education Framework Agreement of BC runs out in 2017, Mikmaq Funding Agreement 2015

10 APPLICATION of FNEA K-12 Resident on reserve Our students may live on reserve but are bused to provincial secondary schools off reserve where the drop out rate hovers at about 50-60% Our students are failing in the provincial system regardless of residency

11 The happiest future for the Indian race is absorption into the general population, and this is the object and policy of our government.

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15 Duncan Campbell Scott Deputy Superintendent of Indian Affairs, I want to get rid of the Indian problem until there is not a single Indian in Canada that has not been absorbed and there is no Indian question and no Indian Department, that is the whole object of this Bill.

16 First Nations Jurisdiction Over Education Hold Inherent and Treaty right to exercise jurisdiction over education as part of the right to self-determination and self-government Right to make laws on education Right to make construct institutions to make decisions Right to develop unique delivery systems Right to transmit Indigenous knowledge systems Right to free, prior and informed consent when our rights are endangered

17 Authorities for Nation Building First Nations Authorities Government Authorities Original Sacred Law Inherent Rights, Indigenous Rights, Treaty Rights International Laws Court Decisions in Canada Constitution Act, 1982 Indian Act KAHONTAKWAS DIANE LONGBOAT 17

18 International Recognition of Self Governance Over Education for Indigenous Peoples Instruments Standards Covenants Human Rights Instruments Expert Mechanism on the Rights of Indigenous Peoples UNDRIP, Convention on the Rights of the Child Universal Declaration of Human Rights Covenant on the Rights of the Child Covenant on Economic, Social and Cultural Rights KAHONTAKWAS DIANE LONGBOAT 18

19 Powers of the Minister of AANDC Minister has authority in prescribing anything that by this Act is to be prescribed. s. 34 (p) Graduation, instructional hours, day, Funding formulas, annual reports, budget reports, operations, maintenance, insurance, records Tuition agreements Human resources-principal, teachers, School Inspector, Director of Education, school staff qualifications Regional First Nations Education Authorities School Success Plan, School Safety Plan School Programs, Home Schooling, Schooling Elsewhere School Inspections, Temporary Administrator, Cease Funding Community Education Committee

20 Governance Option #1: Community Independent Schools operated by the First Nation Government Option #2: Regional First Nation Education Authorities for aggregation with signed agreements from First Nations for school operations Option #3: School Boards run schools in First Nations territories and all provincial Laws and regulations apply, teachers, unions, curriculum, education standards, testing, transportation, funding formulas, tuition agreement if applicable

21 Role of the First Nation Government Council of a First Nation : Select one of three governance options and inform Minister Submit budgets annually to the Minister, submit all reports specified in the Regulations Establish policies and financial procedures according to the new Act Employ all education staff according to qualifications specified in the Act, human resources Approve School Success Plans, School Safety Plan Establish education programs-instruction, education resources, transportation, school equipment, school property, information technology, insurance, language, culture, other services described in the Regulations

22 Role of the First Nation Government Establish school policies on attendance, registrationparents inform Council of student placement Monitor the quality of education in the schools Make by laws for access for education for K-12, ages 6-21 years on reserve; early learning optional; set Sept. 1-Dec. 1 as school age registration at 6 years; require all students 6-18 years to register for school; ensure parents enable the child to attend school for the full year Manage school property Ensure school programming leads to graduation diploma from high school (Ontario, IB or equivalent approved the Minister of AANDC)

23 Role of the First Nation Government Establish a Community Education Committee for advice on administration, language and culture No fees are charged for tuition Additional fees can be charged for optional activitiesdeposit to use education materials, school equipment Tuition Agreements By laws for persons not resident on reserve to recover education costs Home School or school elsewhere ( no tuition paid for private schools)

24 Governance by First Nations Not self-determination but SELF ADMINISTRATION like devolution of 1970 s and 1980 s Already do this work under Contribution Arrangements-What s new? Examine the work of the province in its failure to graduate our students in their system.

25 Some Impacts New funding formulas in the Regulations New list of education support services in the Regulations New reporting systems, budget systems in the Regulations New governance system of three options only New liability for federal government only New Compliance Measures for First Nations Enforcement of provincial education standards No provincial School Board evaluation to see if they meet performance standards for graduating our students with cultural and linguistic competency in Indigenous knowledge systems

26 Funding Formulas Proposal states: Funding formulas will be placed in the Regulations Formulas will be developed AFTER the Act is passed by Parliament All budgets set and approved by the Minister

27 First Nations Concerns on Funding Obligation to fund education is not specified as an inherent right or treaty right, endangers self-determination and selfgovernment Be up front with your calculations and talk to us; old 1980 s BOFF formulas were never meant to run modern education systems; co-create funding formulas Funding for your schools in the Act is dependent on selecting 1 of 3 governance options Reconciliation: cost factor in offering culture, language, Indigenous knowledge systems, Cultural Education Centres, e learning institutions for language, Polytech, KTEI

28 First Nations Concerns on Funding Education Services are referenced in the Act but no discussion of what they are or the formulas to cover the costs First Nation Governments must fund specific education services to be in compliance with the Act but no details are offered 1996 Caps? Federal formula hasn t risen in 17 yrs; Provincial education funding rises 4-7% per year OSR?

29 Liability Minister is NOT liable in respect of anything done or omitted to be done by the Council or the RFNEA, Director of Education, Principal or any person authorized by them No action or other proceedings lies against Her Majesty, the Minister or any employee or agent of Her Majesty or the Temporary Administrator for anything done or omitted to be done in good faith in the exercise or performance of their powers or functions under this Act

30 Results of Liability All liability falls to the First Nation Government without any indication of funding formulas or regulations demanding compliance with the Act What law offers immunity to incompetence? What are the liability provisions for the First Nation Government?

31 Compliance With The Act School Inspector, Special Advisor, Temporary Administrator Two consecutive reports show problems of noncompliance with the Act (financial problems, safety issues, accountability, student outcomes) Minister is of the opinion that measures have not solved the problems, he will appoint a Temporary Administrator to replace and exercise any power of the Council or RFNEA TA reports to the Minister results, recommendations, Minister decides to end this role of third party management

32 Results of Compliance Minister may revoke the designation of RFNEA Minister may cease funding Community Independent School Under no circumstances should the Minister be given these powers Does the Minister of Education for Ontario revoke the mandate of the School Board when problems arise? Does the Minister of Education appoint Temporary Administrators in the School Board or its schools to remedy safety issues, student outcomes or funding problems? What are the competencies of the TA regarding First Nations education principles and theory, pedagogy, cultural and linguistic competency, historical context of the Nation, culturally responsive assessment tools and testing, Indigenous knowledge systems?

33 Education Standards Established by the Act and matched to provincial standards Little attention to language, culture, Indigenous knowledge systems Must meet the education standards specified in the Regulations for continued funding

34 Results of Setting Education Standards Setting Provincial standards in First Nations education is part of the problem Education Standards must be developed by the First Nation using language, culture, Indigenous Knowledge Systems with a view to weaving those with the province Elements of success: strong leadership ready to make long term commitment to funding education, jurisdiction, funding formulas, systems design, teacher competency requirements for hiring, culturally responsive curriculum and evaluation methods, capital planning

35 Action Plan First Nation Government Constitution First Nation Education Law Governance Model for First Nation Education Modern Funding Formulas Policy Templates, Strategic Plans Study the Operations of the best First Nations systems in Canada and the US Tribal Nations, Aotearoa, Hawaii-Longitudinal Demonstrations

36 Sonkwiatison Kwa Ha Kwa Ta Ko

37 For More Information Kahontakwas Diane Longboat Messages (905) Kahontakwas Diane Longboat 37