Indigenous Education Council Policy

Date came into force or revised

August 16, 2024

Status

Current

Policy statement

Each board of education is required to establish and maintain an Indigenous education council (IEC) to support the board to provide comprehensive and equitable education and support services for Indigenous (First Nations, Metis, and Inuit) students and improve Indigenous student outcomes. This includes advising on the appropriate integration of Indigenous worldviews and perspectives, advising on grants in relation to Indigenous students, and ensuring respect for local First Nations in whose territories boards operate school by, for example, giving priority to local cultural content, protocols, and language. 

Rationale or purpose of policy

There are persisting disparities in educational outcomes between Indigenous students, in particular First Nation students living on-reserve, and other student populations, and a need for reconciliation in education. Systemic changes are needed to better support Indigenous students. IECs formalize a structure and process to specifically support boards on matters affecting Indigenous students attending BC public schools. 

The Province of British Columbia passed the Declaration on the Rights of Indigenous Peoples Act (Declaration Act) into law in November 2019 to, among other things, affirm the application of the United Nations Declaration on the Rights of Indigenous Peoples (UN Declaration) to the laws of British Columbia. The Declaration Act Action Plan, established under section 4 of the Declaration Act, includes collectively identified goals and outcomes for implementing, and meeting the objectives of, the UN Declaration in B.C., and includes a specific commitment related to IECs at action 4.3.

Authority

School Act sections 87.001 – 87.005, 93, 95, 166.4 (2.1), and 166.43 (IECs)
School Act section 106.4 (targeted grants) 
Ministerial Order 217/2024  - Indigenous Education Council Order (IEC Order)
Ministerial Order 302/20 - Enhancing Student Learning Reporting Order

Definitions

In this policy:

“First Nation” means a First Nation as defined in section 1(1) of the School Act;

“local First Nation” means a First Nation, a Treaty First Nation or the Nisga’a Nation in whose traditional territory the board operates.

“Modern Treaty Nations” means a Treaty First Nation or the Nisga’a Nation.

“Indigenous Peoples” has the same meaning as in the Declaration on The Rights of Indigenous Peoples Act, and references to Indigenous students refers to students who self-identify as being of Indigenous ancestry, including First Nations, Métis, and Inuit.

“non-local First Nation” means a First Nation, a Treaty First Nation, or the Nisga’a Nation whose traditional territory is distinct from where the board operates.

Policy in full

Establishment & Composition of IEC

Each board of education must establish and maintain an IEC.

A board must invite each local First Nations to designate two persons to be members of the IEC, and the board must appoint those persons designated.

A board must also invite each non-local First Nation with students enrolled in an educational program within the district—and for whom Canada provides funding for the student’s education—to designate one person to be a member of the IEC, and the board must appoint those persons designated. This may include students who are boarded (i.e. living away from their community) or students who travel from a neighboring community.

A First Nation invited to designate a person to be on the IEC may choose not to designate anyone to participate on the IEC.

Using their student data, a board must consider the distinctions and diversity of the Indigenous student population served by the board and must seek the advice of local First Nations on establishing an IEC that reasonably reflects that Indigenous student population. The board must then invite additional persons to the IEC that bring perspectives relevant to the Indigenous student population. Such persons may be individuals who bring perspectives of local First Nation students, First Nation students from other parts of British Columbia or outside of BC, Métis students, or Inuit students. It is not required or intended that the IEC be a precise representation of the composition of the Indigenous student population in the school district. The board must endeavor to achieve an IEC where the total number of representatives of local First Nations are not outnumbered by the additional representatives.

Sometimes it might not be feasible to ensure that the total number of representatives of local First Nations is greater than additional representatives who are not representatives of local First Nations. For example, local First Nations may choose not to participate in the IEC, or the local First Nation may have limited capacity, especially where multiple boards invite them to their IECs.

Boards must, working with the IEC, review membership at least once per year, as well as when there is a new vacancy. If, upon review, the composition of an IEC does not align with subsections 2(1) to 2(3) of IEC Order, the board must issue invitations to designate members, or appoint additional members, in accordance with that order.

Once established, an IEC may create its own rules related to inviting non-voting guests to attend IEC meetings, consistent with the School Act and the IEC Order.

School board trustees and employees are not eligible to be voting members of an IEC, pursuant to section 87.004 (2) of the School Act.

Role and Expectations of the Board

An IEC is not a committee of the board; rather, it is a stand-alone body. This means a board cannot direct the IEC but has certain obligations in respect of the IEC. 
A board must establish the IEC, in accordance with the IEC Order. A board should establish procedures for appointing the members of the IEC, which must be consistent with the IEC Order and any rules made by the IEC pursuant to section 87.005(a) of the School Act. A board may need to appoint members of the IEC, other than the initial IEC, where the IEC does not establish the process to appoint members. A board will keep a register of IEC members. 

A board is expected to support the IEC in coordinating and fulfilling administrative tasks associated with the IEC. Support includes covering reasonable costs of holding meetings and IEC member travel to attend meetings when they are held in-person. This also includes providing a standing item on board agendas for IEC advice or decisions.
A board is expected to provide a secretariat or main point of contact for the IEC to assist in IEC membership tracking, meeting and agenda setting, providing information to the IEC, and liaising between the board and IEC.

Participation on Multiple IECs

Where there is more than one board operating in the traditional territory of a First Nation, the First Nation will be invited by each board to designate representatives to be appointed to an IEC. This will also happen where a non-local First Nation has students for whom Canada provides funding in more than one district. It is up to First Nations to decide whether to accept an invitation to designate representatives to one or more IECs, and who to designate as representatives. 

Distinctions-Based Approach

The Province has adopted a distinctions-based approach to its relations with Indigenous Peoples and advancing reconciliation, as not all rights are uniform or the same among or between all Indigenous Peoples.

The Declaration Act Action Plan and the Draft Principles that Guide the Province of British Columbia’s Relationship with Indigenous Peoples affirm the Province’s commitment to a distinctions-based approach in its relations with Indigenous Peoples, which informs the framework for and implementation of IECs. 

IECs are intended to reflect and support the distinct and diverse Indigenous student population in their school district, while respecting local First Nations in whose territories the board and the IEC operate.

To understand and align with a distinctions-based approach, it is important to become familiar with the Distinctions-Based Approach Primer (December 2023) 

Purpose and Operation of IEC

The School Act requires each board to establish and maintain an IEC.

The purposes of the IEC are set out at s. 87.001(1) of the School Act, and are as follows:

a) advising the board on any matter relating to:

• providing comprehensive and equitable educational programs and services to Indigenous students;
• improving Indigenous student achievement; and
• integrating into learning environments Indigenous world views and perspectives, in particular, those of the First Nation, the Modern Treaty Nations, or the Nisga’a Nation in whose territory the board operates.

b) advising on grants provided under the School Act in relation to Indigenous students;

c) approving plans, spending and reporting of targeted grants related to Indigenous students;

d) advising the board in relation to the distinct languages, cultures, customs, traditions, practices or history of the First Nations, the Treaty First Nations or the Nisg̱a'a Nation in whose traditional territory the board operates, through advice from the Indigenous education council members representing those First Nations, Treaty First Nations or the Nisg̱a'a Nation.

The Ministry recommends that IEC decision-making be based on a consensus model, subject to the School Act and the IEC Order. An IEC should develop specifics related to their decision-making process, for example, how consensus will be reached and decision-making processes in cases where consensus is not reached.

Template IEC Terms of Reference (PDF) are attached to this policy. An IEC may develop additional terms of reference governing the conduct of its business to complement what is specified in the IEC Order, and consistent with the School Act. 

The IEC may establish the process to appoint members of the IEC and determine the term of membership. It is recommended that an IEC member term is a minimum of 2 years in length. An IEC member may be appointed for more than one term. 

Rules for the Conduct of Business of an IEC

An IEC must conduct its work consistent with the rules set out in section 3 of the IEC Order.

An IEC advises and makes recommendations to the board on supporting the Indigenous student population. The IEC members bring forward perspectives relevant to the distinctions and diversity among that student population, while being respectful of the perspectives of local First Nations.

An IEC conducts its work in the local First Nations territory and must support strong and effective relationships between boards and local First Nations, and respect local protocols, laws, customs, and traditions.

Specific Areas of Consultation

In some cases, the entire IEC will be involved in providing advice or recommendations to the board, or in making decisions, and in others it will be only the local First Nation members of the IEC.

Consultation with Local First Nation Members of the IEC

A board must seek the advice of local First Nations on any matter relating to the distinct languages, cultures, customs, traditions, practices, or history of the local First Nations, and must consult with those First Nations on how those matters may be integrated into learning environments or staff training offered by the board.

Integration of local First Nation world views and perspectives into learning environments must be prioritized, and a board must consult with local First Nations on how to integrate this knowledge into learning environments.

In many areas of British Columbia, a board may be working with multiple local First Nations with different worldviews and cultural practices.

Consultation with the Entire IEC

The IEC will have a particular focus on the world views and perspectives of local First Nations. At the same time, a purpose of the IEC is to provide advice to the board on the integration of Indigenous world views and perspectives into learning environments, that are not necessarily of local First Nations. This purpose provides space for the IEC to advise the board on Indigenous world views and perspectives relevant to the Indigenous student population.

A board must consult the IEC on procedures to recruit and hire staff that develop and deliver programs and services for Indigenous students, or whose roles involve significant interaction with Indigenous students. Consultation may include reviewing proposed job descriptions, advising on posting or sharing current job opportunities to reach potential candidates, and IEC participation in hiring processes.

A board must consult the IEC on any activities or resources related to the National Day for Truth and Reconciliation and National Indigenous Peoples Day. Any activities or celebrations for these days must be done with the advice of the IEC, and advice must be sought from local First Nation IEC members on protocols for these days.

A board must consult the IEC on training for school district staff relating to cultural competencies, including cultural competency training or workshops focused on the 9^th Professional Standard for Educators in British Columbia. Boards must also consult the IEC on non-instructional time focused on enhancing Indigenous student achievement or integrating Indigenous world views and perspectives into learning environments, for example the Indigenous Focused Non-Instructional Day.

If a board or school district staff are unsure of how to apply the terms and conditions of collective agreements alongside the requirements of the School Act and the IEC Order, they should contact the BC Public School Employers’ Association for guidance.

A board must consult the IEC on reporting for the Framework for Enhancing Student Learning, required under the Enhancing Student Learning Report Order, and focusing on Indigenous students. This should be done well ahead of any Ministry required reporting timelines.

A board must also consult with the IEC on any board policies that have a significant impact on Indigenous students.

Secretariat and Administrative Support

Boards will maintain secretariat and administrative support for the IEC, including covering reasonable costs of holding meetings and IEC member travel to attend meetings when they are held in-person.

Approval of Targeted Funding

Pursuant to s. 87.002 of the School Act, a board requires the IEC’s approval of the board’s plans, spending, and reporting of any targeted grant provided under s. 106.4 that is related to Indigenous students. The IEC will follow its decision-making process in approving such plans and reporting.

Targeted grants provided under s. 106.4 related to Indigenous students currently include IEC Capacity Funding and Indigenous Education Targeted Funding (IETF).

IEC Capacity Funding

IEC capacity funding for the 2024/25 school year has been provided as a targeted grant to cover costs associated with establishing and maintaining IECs, including secretariat support, activities, and costs related to IECs carrying out their purposes. For clarity, IECs must be involved in the planning, spending, and reporting of IEC Capacity Funding.

Indigenous Education Targeted Funding (IETF)

The IETF is provided to boards as a targeted grant to support students who self-identify as being of Indigenous ancestry to participate in Indigenous education programs and services. Boards are directed to spend the IETF on the provision of enhanced education programs and services for Indigenous students, that are in addition to other programs and services for which the student is eligible. The amount is in addition to the basic per-pupil allocation.

A board may choose to allocate more core funding to provide supplemental supports for Indigenous programs and services and this should be done in collaboration with the IEC.

IEC approval of IETF planning, spending, and reporting is intended to provide members of the IEC with the opportunity to be involved in decisions relating to the funding of programs and supports provided for Indigenous students.  

A board must seek the input and advice, and obtain the approval, of the IEC on the board’s IETF plans, spending, and any reporting. For clarity, the board may only implement the IETF plan with IEC approval. The minimum amount of IETF spending is set by the Ministry.

How an IEC provides input, advice, and approval of the IETF and capacity funding will vary. A board and school district staff must work with their IEC to determine an appropriate process for IEC involvement in the planning, spending, and reporting for targeted funding.

Where a board has prior year(s) unspent IETF, the planning, spending, and reporting of those surplus funds also need to be approved by the IEC and in accordance with Ministry direction.

Indemnification of IEC Members

A board may, by bylaw, provide indemnification for members of the IEC, in the same way that trustees, officers, or an employee of the board may be indemnified as outlined in section 95 of the School Act.