School Act Amendments

The School Amendment Act (2023)

The School Amendment Act, 2023 addresses a number of commitments made by the Ministry of Education and Child Care (“the Ministry”) in the BC Tripartite Education Agreement and in the Declaration on the Rights of Indigenous Peoples Act Action Plan. The First Nations Education Steering Committee (FNESC) and the Ministry co-developed these changes, and the Ministry also consulted with First Nations and Treaty First Nations. The legislative changes are aimed at improving First Nation students’ attendance and education outcomes through effective relationships and processes between First Nations and school districts.

The School Amendment Act, 2023 received Royal Assent on November 8th, 2023, introducing three new sections within the School Act:

1. First Nation Schools of Choice (School Act section 74.2)
   The First Nation Schools of Choice provisions in the School Act and related provincial policy establish a process for First Nations to decide which provincial public school(s) their student(s) who live on reserve, or self-governing or Treaty Lands, will attend.
   
   
2. Model Local Education Agreement (School Act sections 86.1-86.6)
   The Model Local Education Agreement provisions in the School Act provides the opportunity for First Nations and Treaty First Nation to apply the Model Local Education Agreement (“Model LEA”) where there is no existing Local Education Agreement.  The Model LEA sets a minimum standard for LEAs between boards and First Nations in BC, beyond the mere purchase of education programs and services for First Nation students living on-reserve or Treaty/self-government lands.
   
   
3. Indigenous Education Council (School Act sections 87.001 – 87.005)
   The School Act now require Indigenous Education Councils (IECs) in all 60 school districts and effectively require a reset of how IECs are established and operated. IECs must be established and operated to serve specific purposes relating to supporting Indigenous student outcomes and respecting the distinct languages, cultures, customs, traditions, practices and histories of the First Nation(s) in whose territory(ies) the board operates.

Distinctions-Based Approach Primer (2023)

The Province is required to take a distinctions-based approach in all of its relations with First Nations, Métis, and Inuit. This requirement has a legal foundation in the Constitution Act, 1982; the United Nations Declaration on the Rights of Indigenous Peoples (UN Declaration); the Declaration on the Rights of Indigenous Peoples Act (Declaration Act); treaties; as well as the respective and distinct laws, legal systems, and systems of governance of First Nations, Métis, and Inuit. The Province’s Distinctions-Based Approach Primer helps meet this requirement by affirming the Provincial position and ensuring it is applied consistently in legislation, policy, and practice. The School Amendment Act and the related policies, orders and regulations are informed by the Distinctions-Based Approach Primer.

Resource

School Act Amendments resource

The School Act Amendments resource is a compilation of key sections of the School Amendment Act (2023), and supporting ministerial orders, ministerial regulation and provincial policy that address a number of commitments made by the Ministry of Education and Child Care in the BC Tripartite Education Agreement and in the Declaration on the Rights of Indigenous Peoples Act Action Plan.

School Act Resource Book (2023) – full PDF

Further Resources

• BC Tripartite Education Agreement
• Declaration on the Rights of Indigenous Peoples Act Action Plan
• Distinctions Based Approach Primer
• Frequently Asked Questions re. School Amendment Act (coming soon)

For questions regarding the School Amendment Act (2023), First Nations may contact the FNESC team at:  BCTEA@fnesc.ca .