First Nation Schools of Choice

Policy Statement

First Nations have choice of which British Columbia public schools a First Nation will designate for their students who live on-reserve, on self-governing First Nation lands, or on Treaty lands to attend. If a First Nation parent/caregiver wishes to have their child enrolled at a different program or school (e.g. specialty programs) than the school(s) of choice, the existing enrolment provisions apply.

Rationale or purpose of policy

As described in the BC Tripartite Education Agreement: Supporting First Nation Student Success (BCTEA), Canada, BC, and the First Nation Education Steering Committee (FNESC) are committed to improving First Nation student outcomes. A principle of BCTEA is recognition and respect for the rights of parents to decide where their child will be enrolled to receive the benefit of an education program.

The School Act supports First Nations to determine which British Columbia public schools the First Nation’s students living on-reserve, on self-governing First Nation lands or on Treaty lands will attend. It is understood that First Nations will make this determination based on their own internal processes with parents.

Authority

School Act section 74.2

Policy in full

The School Act sets out a process for a First Nation to designate which elementary, middle, and/or secondary school(s) First Nation students who live on-reserve, on self-governing First Nation lands or on Treaty lands are entitled to attend. Once a school is designated by a First Nation, those First Nation students may choose to attend the designated school, and their enrolment will be prioritized by the board of education.

Designating a school of choice is optional for First Nations. This option does not affect other arrangements between a board of education and First Nations or parents/guardians of First Nation students respecting school choice.

First Nations that have school age students who are ordinarily resident of the First Nation or on Treaty lands, are ordinarily resident or boarded in a school district, and have funding for their education provided by Canada, are able to designate school(s) in the school district for those students to attend. For clarity, and recognizing that not all First Nation students are able to receive an education within their community for a variety of reasons, First Nations that have students that are ordinarily resident of the First Nation or on Treaty lands but are boarded outside of their community for the purpose of attending school, are eligible to designate school(s) in that district under the legislation.

Specialty academies (i.e. sports programs) may not be designated as a school of choice. If a student wishes to attend a specialty academy, they may apply through the board’s existing enrolment procedures.

First Nations will determine which school(s) they will designate through their own internal processes. The designation of a school of choice is made for the entire community, and First Nations may not make separate designations for individual students/families.

A First Nation may choose not to designate a school of choice for their students.

Designation - process

To designate a school, a First Nation must inform a board of education in writing of the name of the school by the earliest date of enrolment set by the board, typically the pre-enrolment or kindergarten enrolment date. This date is intended to allow First Nation parents to make use of the school of choice designation for the following school year.

If a board of education does not have a set date of enrolment, the First Nation and board should meet to agree upon a date by which the First Nation will designate a school of choice.

A First Nation may designate an elementary, middle, and/or high school for their students, as applicable.

Once a school has been designated by a First Nation, that designation will continue until a First Nation revokes the designation or designates a different school by notifying the board in writing.

Student enrolment

Once a school is designated as a school of choice by a First Nation, their First Nation students who live on-reserve, self-governing First Nation lands, or on Treaty lands have priority to attend the designated school.

Priority enrolment does not extend to specific programs (i.e. French immersion and specialty academies) within designated schools. First Nation students will need to follow existing enrolment provisions or application processes for specific programs.

First Nation students are not required to attend a designated school. A First Nation student may apply to enrol in an educational program at a school other than a designated school and will be prioritized in accordance with the School Act provisions and board of education policies that apply to all students.

This policy does not restrict a board in prioritizing enrolment for First Nation students on an individual basis.

Transportation

First Nations are encouraged to discuss with the board their plans for designating a particular school, prior to making a designation. First Nations and boards should also consider any possible implications for student transportation that may require amendments to current transportation plans for future years.