Why Do We Need an LEA?

Questions and Answers: Responding to Common LEA Negotiation Issues
March 29, 2016

DRAFT

“Why do we need an LEA?”

First Nations control of First Nations education is a foundational principle
Canada and BC have a number of legal and political commitments to First Nations regarding closing the socio-economic gap for First Nations. Data shows that significant gaps persist.
First Nations have consistently protected their rights, including governance rights and the Crown (federally and provincially) must act honorably in all dealings with First Nations
Section 35 Constitution Act & Honour of the Crown: The Crown is legally obliged to consult and accommodate First Nations
United Nations Declaration on the Rights of Indigenous Peoples: UNDRIP reaffirms both basic individual rights and collective human rights, which include rights in relation to self-government, cultural integrity, lands, territories and resources. UNDRIP was endorsed by the UN General Assembly in 2007 and endorsed by Canada in 2010.An LEA can help address the urgent need for strategic action to improve First Nations student outcomes.
An LEA can help facilitate the urgent action to improve First Nations student outcomes.
The report, “An Audit of the Education of Aboriginal Students in the BC Public School System,” released Nov. 5, 2015, found that the Ministry:
Had not provided the education system with sufficient leadership and direction to close the gaps
Had undertaken limited analysis of the wide range of student data it monitored to understand trends and outcomes for Aboriginal students and inform change.
Had reported on outcomes but not on what was effective in closing the gaps.
The audit also spoke to the “racism of low expectations” and streaming issues:
In the education system, racism can take the form of educators having low expectations for students based on preconceptions or biases stemming from social attitudes. (AG. p. 37)
The audit pointed to “system-failure” rather than student failure:
“To close the gaps means to achieve education outcomes for Aboriginal students that are the same as outcomes for non-Aboriginal students. This language does not imply any failure by Aboriginal students, but rather, a failure of the education system to meet their needs.” (AG, p. 20)

“Why would the First Nations be on the district hiring committee?”

It is reasonable for First Nations to have a meaningful voice in the hiring of school district personnel.
At a minimum, the teaching population should reflect the student population. Across BC, Aboriginal students are 11.2% of the public school population, so we would need 4592 Aboriginal teachers to be proportional. There are currently approximately 500 Aboriginal teachers.
In our school district, Aboriginal students are ______% of the student population (see your school district How Are We Doing?Report).
Many unions and associations have already voiced their support for First Nations involvement in all aspects of education.
For example: BCTF supports an Aboriginal Employment Equity program and its Member’s Guide it states:
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.
School districts can apply for a BC Human Rights Tribunal (BCHRT) “special program” exemption in order to help attract and retain Aboriginal employees.
BCHRT Exemptions (see details on the BCHRT website):
10 districts have Aboriginal employment equity measures in place for teachers
26 districts have employment equity measures that include one or more of the following categories of employees: Support Worker, Teacher - Aboriginal Program/Position, Teacher – General, Unspecified staff/educator, Other – principal/non educator. (2015)
The Letter of Understanding between the BCTF and the BC Public School Employer’s Association regarding Employment Equity – Aboriginal Teachers states that the parties will encourage and support BCHRT applications.
See 12.1 and 12.2 of the LEA Essentials Sample for related clauses

“Why should districts pay for transportation?”

To learn and succeed in school, students need to be able to get to school.
Districts receive funding through the Student Location Factor that was intended to address transportation. Approximately $80 million is provided provincially.
Federal and provincial program policies do not fully align regarding transportation, which can be challenging for First Nations
First Nations only receive the amount for transportation services from the federal government that is calculated as part of the First Nations Billing Rate and is included in the District Allocation.
Because Districts have the flexibility in how they spend funds, they may dispute paying for transportation. We also appreciate that transportation is a sector that can be susceptible to administrative cuts.
The Ministry has given policy directives in the past that support the assertion that transportation is included in the Student Location Factor. According to the 2011 and 2012 Letters from the Ministry to the Districts regarding operating grants:
“… a new allocation based on student location will be phased in to replace the current transportation supplement. This new allocation model will use school-age population density and enrolment data and will provide support to districts for transporting special needs students. This funding will be incorporated into the supplement for Unique Geographic Factors and will be recalculated annually based on current enrolment, school locations and population density….” (2011)
“Third, 1.5 million in funding will be provided to support rural and remote elementary schools with fewer than 75 students that are 40 km from the next school or require travel on unpaved roads.” (2011)
“…funding currently allocated through the transportation supplement will be incorporated into the Supplement for Unique Geographic Factors starting in 2012/13. Funds previously allocate through the supplement are being allocated through the Student Location Factor, which uses school-age population density and enrolment data to allocate funding in a fair and equitable manner.” (2012)
See 13.1 of the LEA Essentials Sample for related clauses.

“Why would the funding follow the child?”

By having the funding “follow the child,” if that student leaves the public school before the end of the school year, it helps provide other options for them to pursue their education.
Districts may say they have already “built their classrooms” and don’t have that flexibility to make changes that have budget implications.
However, a number of districts have already agreed to the principle in their LEAs.
See 17.7 in the LEA Essential Sample for related clauses.

“But we treat all students the same.”

Treating all students the same doesn’t always produce the best results. Sometimes differences need to be accommodated.
Data show considerable achievement differences between First Nations and non-First Nations populations. To improve achievement, different strategies are needed and an LEA is part of the strategy.
According to the 2015 Audit of the Education of Aboriginal Students in BC Public Schools there is a need for a system-wide strategy to close the gaps.
Respecting the ancestry of First Nations students is also an important part of making their cultures visible within the school, recognizing the traditional territory, and creating a sense of inclusion and belonging.
Equality is not necessarily equity.

“Why such a detailed LEA?”

An LEA is much more than a tuition agreement.
This LEA is detailed to ensure that all of the key areas are being addressed to improve education outcomes for First Nations students.
We hope the LEA will give clarity to the roles and responsibilities of the parties and be a useful reference piece.
The LEA will set out the basis of a positive, long-term working relationship to improve the success of First Nations learners.

“How does an LEA benefit our school district?”

The LEA is a mechanism to confront the racism of low expectations highlighted by the 2015 Auditor’s report.
Quality First Nations education benefits everyone. Successful implementation of the LEA will benefit not just First Nations learners but all learners in the school district.
An LEA is fundamentally about improving student achievement, which is a shared priority of the First Nation and school district.
The LEA can facilitate better collaboration and communication between the school district and First Nation, and also give clarity to responsibilities/roles.
It is a mechanism to improve the relationship between the First Nation and the School District.