EDUCATION CO-MANAGEMENT AGREEMENT

Made the ___ day of ______, ______.

BETWEEN:

THE ______FIRST NATION

as represented by its Chief and Council (the “First Nation”)

AND:

THE FIRST NATIONS EDUCATION AUTHORITY

as represented by its Board of Directors (“FNEA”)

(Collectively referred to as the “Parties”)

BACKGROUND:

  1. The First Nation has signed a Canada-First Nation Education Jurisdiction Agreement with Canada (“C-FNEJA”);
  1. The First Nation has been added to the list of “Participating First Nations” in the Schedule to the First Nations Jurisdiction over Education in British Columbia Act (Canada);
  1. Section 4.5 of the C-FNEJA states that certain powers of the First Nation may only be exercised following the signing of an Education Co-Management Agreement with the FNEA;
  1. The FNEA is a legal entity established in accordance with the First Nations Jurisdiction over Education in British Columbia Act (Canada);

THE PARTIES AGREE AS FOLLOWS:

  1. The First Nation will appoint two Directors to sit on the FNEA Board of Directors (the “Board”), one of whom will be a member of the First Nation. The First Nation will advise the FNEA of the names of the two individuals it has appointed to the Board in writing.
  1. The First Nation will provide the FNEA with the written procedure by which it will notify the FNEA of the names of individuals who have been appointed as replacements for one or more of its Directors.
  1. The term of office for the first Directors appointed by the First Nation will be two years. The Board will establish by resolution the duration of the second and subsequent terms.
  1. The First Nation may replace a Director it has appointed at any time in accordance with the written procedure referred to in section 2.
  1. The First Nation agrees to the terms of reference for FNEA (attached as Appendix 1). The terms of reference for the FNEA may be amended in accordance with its provisions.
  1. The First Nation agrees to incorporate by reference in its own education law:
  1. the standards for curriculum and examinations for courses necessary to meet graduation requirements provided by the First Nation established by the FNEA (attached as Appendix 2);
  1. the process for the certification of teachers, other than teachers teaching the language and culture of the First Nation in the First Nation’s education system, established by the FNEA (attached as Appendix 3); and
  1. the process for the certification of schools operated by the First Nation established by the FNEA (attached as Appendix 4).
  1. Optional: The First Nation delegates the following responsibilities to FNEA:
  1. bulk purchasing;
  1. professional development and training;
  1. sharing of services; and
  1. negotiating or entering into agreements (such as licensing agreements and tuition agreements).
  1. The FNEA will provide the First Nation with an annual report summarizing its activities for the year and including its audited financial statements.
  1. This Agreement may be amended by written agreement of the Parties.

[Consider need provisions related to information sharing (e.g. re: data collection, preparation of aggregated reports)]

Draft – for discussion purposes only

January 23, 2008