The BC Tripartite Education Framework Agreement

Overview and Services

Presented by Tyrone McNeil, President & Deborah Jeffrey, Executive Director First Nations Education Steering Committee February 24, 2016

Welcome and About FNESC

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Acknowledgement of Traditional Territory

We acknowledge the territory of the Algonquin Nation and appreciate the

opportunity to speak here today.

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About FNESC First Nations Education Steering Committee (est. 1992) is comprised of 113 member First Nations. It is an independent non-profit society.

FNESC has been working on behalf of First Nations to achieve quality First Nations education for all First Nations learners in BC, both on and off-reserve, since 1992.

Our protocol with the BC First Nations Leadership Council affirms FNESC’s leadership in advancing quality education, improving accountability and improving education outcomes for all First Nations students in BC.

It also includes recognition of FNESC’s leadership, as directed by First Nations governments, of First Nations control of First Nations education through capacity development, support, policy, legislation and negotiated arrangements, such as the Education Jurisdiction Agreements and Tripartite Education Framework Agreements.

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Foundations of Our System

Section 35 Constitution Act & Honour of the Crown

The Royal Proclamation (1763)

Indian Control of Indian Education (1972)

UN Convention on the Rights of the Child (1989)

Residential Schools Apology (2008)

UN Declaration on the Rights of Indigenous Peoples (2007)

Truth and Reconciliation Commission Call to Action (2015)

Canadian Human Rights Tribunal Decision (2016)

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Canada and BC have legal and political commitments to First Nations, including those in the area of education.

Gold River Secondary School 6

First Nations Education System, 2014-15 First Nations Students in BC

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Our system is recognized by First Nations leaders, BC and Canada:

• Education Jurisdiction agreements signed in 2006, followed by related provincial and federal legislation

• Tripartite Education Framework Agreement (TEFA) signed in 2012

• BC-FNESC Bilateral Protocol signed in 2015

Overview of TEFA and TEFA Funding

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What is TEFA? In January 2012: FNESC, Canada and BC signed the 5-year TEFA and implementation began September 2012.

• 99% of eligible First Nations in BC agreed to participate in TEFA.

• Parts of TEFA are still under negotiation, including many outstanding funding issues.

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Key Elements of TEFA • Formal recognition of the education partnerships of

Canada, BC and FNESC, with specific roles and responsibilities

• A new funding formula for First Nations schools based on the provincial funding formula, with specific adaptations

• More comprehensive funding for education and TEFA-related core and 2nd level support services

• A commitment to reduced reporting for First Nations

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Significance of TEFA Improved funding: for the first time, First Nations schools have equitable access to funding.

Improved access to second level services: to create a coordinated support and infrastructure, including a student information system (DRUMS)

Consistent reporting: including reporting to INAC in aggregate and in an annual report to parents on student outcomes.

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Canada’s TEFA Obligations • Implement the new funding model • Consult with FNESC regarding proposed changes to

federal education policy, guidelines, legislation or standards that materially affect FNESC or First Nations schools; and

• Consult with FNESC regarding the development of BC-specific education program policy and guidelines required to implement TEFA

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BC’s TEFA Obligations • Work with FNESC to improve outcomes and create a

process for First Nations graduation certificate equivalent to Dogwood

• Provide a comprehensive annual report on the educational performance success of Aboriginal students attending Public Schools

• Share expertise and provide reasonable cost access to learning resources and supports

• Consult FNESC regarding proposed changes to education policy, guidelines, legislation, funding, or standards

• This commitment to consult has been formally articulated in a BC-FNESC Bilateral Protocol, signed June 2015.

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First Nations TEFA Obligations

• Recognize FNESC's responsibility to provide Second Level Services to First Nations and First Nation Schools in British Columbia

• Employ teachers with a teaching certificate in good standing issued by a provincial education ministry or a recognized Canadian teacher certification authority

• Make an aggregate outcome report on school performance available to parents of students attending a First Nation school

• Provide specified education program reports to FNESC

• Prepare an annual report on student enrollment, also known as the nominal roll, and provide it to Canada

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TEFA 8 Performance Indicators

Under TEFA, First Nations must also report on 8 performance indicators, shared with AANDC in aggregate only.

Supported with DRUMS (Data Records and User Management System for First Nations Schools) and smart pdf forms

The third year of TEFA aggregate data has now been submitted to AANDC (October 31, 2015).

FNESC and FNSA have undertaken significant planning in response to TEFA data.

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What are the 8 indicators? % of students who meet or

exceed standards for reading, writing, and numeracy

Student attendance Teacher/student ratio Teacher certification Teacher years of

experience Student/computer ratio Level of connectivity Administration of standard

learning assessments

TEFA and Collaboration TEFA has been transformative in the degree to which it facilitates collaboration between FNESC and the Province.

For example, on FNESC’s recommendations, the Minister of Education has accepted that one professional development day in 2015/2016 will be dedicated to Aboriginal education and made changes to the student credentials order to ensure that all eligible students are working toward a Dogwood Diploma rather than a non-graduation Evergreen Certificate.

FNESC also participates on a number of Ministry of Education committees and related committees.

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Outstanding TEFA Funding Issues Language and Culture Transportation Operations and Maintenance Non-OGM and Non-Formula Provincial Programs and Grants Early Learning (K4) Program Support Support for Extremely Small (<10 FTE) Schools Technology/Connectivity Summer School English Language Learning Funding Student Support Services

Adult Education Insurance Basis for Calculation Ancillary Services Indexing Special Education Capital Documentation Administrative Considerations Non-Ministry of Education funding (Children and Families, HELP, MCFD) Others

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Outma Squilx Cultural School, Seventh Generation Club, “limbo”

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TEFA Funding Model A funding formula was established in the TEFA (2012/13 to 2016/17).

It is based on funding formula in the Ministry of Education (MEd) Operating Grants Manual, with specific adaptations.

It also includes non-formula funding provided by the MEd to school districts (special purpose grants).

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TEFA Funding Model

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The provincial Operating Grants Manual (OGM) is the model for calculating school funding under TEFA, with specific adaptations.

The amounts in the diagram reflect proposed updates to the OGM for 2015-2016.

Note: Special Education funding is not included in TEFA.

TEFA Funding Formula for First Nations Schools

Recently Updated (2013/14, 2014/15, 2015/2016) • Low Enrolment Factor • Small Community Supplement • Student location factor • Vulnerable students • Education Plan • Basic Supplement • Aboriginal students • Adults • ELL • Non-OGM Amount

Not Yet Updated • English Language Learning (ELL)

– specific adaptation • Proposed updates for 2016/17

include holdback funding and unique geographic factors for elementary small community funding (specific adaptation)

• Student location factor

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The TEFA funding model needs to be updated periodically to reflect changes to the provincial funding model.

TEFA Funding Manual and Estimator FNESC has developed two new resources have been developed to support communities to understand their local TEFA funding.

• Funding Manual: Explains the formula in the TEFA funding model

• Funding Estimator Tool: Developed to provide TEFA funding forecasts based on projected enrolment and formula

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Reciprocal Tuition • In 2009, a groundbreaking Reciprocal

Tuition Agreement was reached between the province of BC and First Nations.

• Under that Agreement, the BC Ministry of Education provides full per pupil funding for school-age students living off-reserve who are enrolled in First Nations schools, and for eligible non-status students living on reserve lands.

• Currently, reciprocal tuition is paid for approximately 1150 students, according to the First Nations Billing Rate.

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Shihiya School 24

TEFA Reporting Requirement: Report to Parents Section 5c of TEFA states that First Nations must:

“make an aggregate outcome report on school performance available to parents of students attending a First Nations School.”

To make this easy FNESC/FNSA sent pre-populated template reports to First Nations Chief and Council and schools last fall. We will be doing the same this fall.

The report must include the following school data: Reading, Writing, Numeracy & Attendance.

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Reporting Requirements Assistance Regional Principals and other staff are available to help schools and communities to understand and complete their TEFA reporting.

Email TEFA bulletins share news and reminders.

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Reporting on Outcomes for Status On-Reserve First Nations Students Attending Public Schools In 2014, through TEFA, FNESC and BC worked together to produce the first ever systemic and comprehensive report on outcomes for status on-reserve students attending public schools in BC.

The public school system does not meet the needs of Aboriginal learners, particularly status on-reserve students.

On average, status on-reserve students lag well behind both their non-Aboriginal and Aboriginal peers on every indicator.

If fully utilized, this data will allow for strategic planning and effective intervention.

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TEFA Second Level Services

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Approach First Nations communities and schools in BC are committed to continued improvements in student achievement through

• collective efforts • sustained, focused attention on effective teaching

and school leadership • the creation of healthy and safe school environments • careful monitoring of student outcomes and school

improvements

A systemic, comprehensive web of services is needed to support students in reaching their full potential

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Data Records and User Management System (DRUMS) Manages students information at the school level

Analyzes aggregate data and informs programming at the collective level

Supports reporting to communities, parents, and funding agencies.

FNSA School Assessment & Certification Process A collectively managed, community-based process for school review, that leads to the development of a School Growth Plan

External Review Teams offer feedback on the assessment findings and Growth Plan

Interested schools request “certification” – requiring that the schools meet a set of standards by First Nations schools in BC 30

INFRASTRUCTURE TO SUPPORT THE SYSTEM

Connected Classrooms Program Facilitates joint offerings of senior secondary courses by groups of schools

Uses a combination of technologies, including real time video conferencing, to connect and create interactive classroom environments

FNESC provides video conferencing equipment, a master teacher, and technological supports

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Professional Growth Process Regional Principals assist school leaders:

• act as role models for instructional leadership

• share supervisory tools and techniques

• demonstrate specific skills

• mentor principals

In-School Coaching Initiative Provides school-based, direct assistance to school staff

Focuses are literacy, student assessments, and First Nations Language programming

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SUPPORT SERVICES DELIVERED IN SCHOOLS AND COMMUNITIES

COLLECTIVE PRO-D OPPORTUNITIES Professional Learning Communities (PLC) The PLC approach organizes educators into collaborative teams that meet regularly. The focus is on using student performance information to

• identify students who are not meeting grade level expectations

• plan strategies / brainstorm ways to respond

• continue informed discussions about what works

Grade group teachers and principals meet face-to-face twice each year, complemented by teleconferences every 4 – 6 weeks and webinars

Principals’ Short Course / Workshops / Conferences Carefully selected presentations – topics of immediate and important concern to First Nations schools

Networking for individuals who otherwise work in isolation – geographically and professionally 33

Special Education Support Services (non-TEFA) SEP Managers and Coaches provide support through school visits, emails, telephone and technologically-based approaches

Speech Language Pathologists (SLPs) provide teachers strategies and work with students with exceptional learning needs

Specialized supports and materials provided for students requiring assistive technologies

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Artists in Education Program, Aqamnik School, Cranbrook 35

TEFA Review and TEFA 2

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TEFA Review In the spring of 2015, the INAC Audit and Evaluation Branch initiated a review of current TEFA implementation.

Consistent with TEFA, FNESC asserted that the TEFA review required a respectful tripartite approach.

Subsequently, we contributed to the advisory committee structure, Terms of Reference, and methodology planning.

The review began July 2015 and according to AANDC’s timeline is expected to be complete by March 2016, with a final report in June 2016.

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TEFA Renewal in 2017 TEFA is a five year agreement. It expires in March 2017 and it has a renewal provision.

We have been seeking a commitment from BC and Canada to negotiate a renewed tripartite agreement: “TEFA 2.”

The BC Government has indicated its interest.

Canada has indicated informally its support for TEFA renewal.

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Next Steps The TEFA Review is now underway.

Over the next months, we will be preparing our position papers and strategy plan for TEFA 2.

Formal TEFA 2 negotiations are likely to begin September, 2016, but we would like to begin formal negotiations sooner.

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Strategic Direction BC First Nations are asking the Government of Canada to work with us to… • Implement the existing Education Jurisdiction

agreements and related legislation • Fulfill current TEFA commitments and commit to a

tripartite agreement beyond the TEFA expiration in 2017

• Engage with us to proactively advance First Nations education in a regionally responsive way, similar to the Education Jurisdiction approach

• Reinstate the Indigenous Adult and Higher Learning Association (IAHLA) increase Post-Secondary Student Support Program Funding, and support a BC-specific approach to the Post-Secondary Partnerships Program (formerly Indian studies Support Program) that includes a return to decision making by BC First Nations and to community-driven programming.

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Sen Pok Chin School 42

Q&As

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Thank you for participating and for your commitment to

First Nations education

info@fnesc.ca 1-877-422-3672 ww.fnesc.ca

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