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Local Education Agreement Policy

Last updated on June 28, 2024

Date came into force or revised

In effect April 30, 2024

Status

Current

Policy statement

Local Education Agreements (LEAs) are agreements between First Nations and boards of education for the purchase of educational programs by First Nations from boards for First Nation students for whom the government of Canada provides funding. LEAs also include terms and conditions related to improving First Nation student outcomes and developing the relationships necessary to accomplish that mutual goal, and to be a shared accountability mechanism regarding the education of First Nation students in British Columbia public schools.

Boards and First Nations are encouraged to negotiate LEAs. 

Under the School Act, First Nations, Treaty First Nations, and the Nisga’a Nation have the option to require the Model Local Education Agreement (Model LEA), as specified in the Model Local Education Agreement Regulation, to apply to their nation and a board. 

Rationale or purpose of policy

As described in the BC Tripartite Education Agreement: Supporting First Nation Student Success (2018), Canada, BC, and the First Nation Education Steering Committee (FNESC) are committed to improving First Nation student outcomes and acknowledge LEAs as an important mechanism to increase accountability and to promote and achieve effective working relationships between First Nations and boards of education, enabling them to work collaboratively to support First Nation students.

The legislation and policy supports the implementation of the Declaration on the Rights of Indigenous Peoples Act Action Plan action 1.6, which commits to the co-development of legislation that requires LEAs with First Nations where a First Nation wants one, and that requires the application of the provincial LEA at the request of the First Nation. 

Authority

See School Act (PDF)  s. 86.1- s. 86.5. 
SeeM95/2024, the Model Local Education Agreement Regulation (PDF) 

Definitions

“Modern Treaty Nation” means a Treaty First Nation and includes the Nisga’a Nation.

Policy in full

The Model Local Education Agreement Regulation specifies the Model LEA that a First Nation may apply to the First Nation and a board of education, pursuant to the School Act. Once applied, the Model LEA is deemed to be a contract between the First Nation and board.  

First Nations may choose to negotiate an LEA with a board of education, and boards of education are strongly encouraged to negotiate LEAs if a First Nation so desires.  First Nations may also choose to not establish an LEA with a board of education. Negotiated LEAs may be established between one or more First Nations and/or Modern Treaty Nations and a board of education. 

The Model LEA serves as an available precedent for a First Nation and board negotiating an LEA. For clarity, if a First Nation and board have been unable to negotiate an LEA, the First Nation may require the Model LEA to apply to the First Nation and board in accordance with the School Act. 

Purpose of LEAs

LEAs often set out terms and conditions related to:

  • The purchase of educational programs and services by the First Nation from a board for First Nation students for whom the government of Canada provides funding in relation to education. 
  • The roles and responsibilities of First Nations and boards in working together to improve First Nation student achievement.
  • Developing relationships between First Nations and boards.

Through BCTEA, Canada, BC, and FNESC developed Guiding Principles for LEAs, which are often set out in LEAs. The Guiding Principles for LEAs include the following themes:

  • First Nations’ central role in First Nation education
  • First Nation Students access to quality education
  • Reconciliation & collaboration in First Nation Education
  • Parental choice
  • First Nation Student safety
  • Shared accountability and data-sharing

Please see the Guiding Principles for Developing Local Education Agreements (PDF)

Model LEA

The purpose of the Model LEA is to serve as an option that a First Nation may apply to the First Nation and a board. If a First Nation requires the Model LEA to apply, the Model LEA is deemed to be a contract between the First Nation and board. 

The Model LEA also serves as an available precedent for a First Nation and a board, if the First Nation and board wish to negotiate their own LEA.  

The Model Local Education Agreement Regulation, which came into effect April 30, 2024, specified the Model LEA as the model agreement that a First Nation may apply pursuant to the School Act. The Model LEA was developed collaboratively by the Ministry and FNESC.

The terms of the Model LEA reflect and build upon commitments made in the BC Tripartite Education Agreement: Supporting First Nation Student Success (BCTEA) between Canada, British Columbia, and FNESC. 

Application of the Model LEA

A First Nation may require the Model LEA to apply to the First Nation and a board where the First Nation’s students, for whom funding is provided by Canada, are enrolled or will be enrolled (for example, in the subsequent year), in an educational program provided by the board. 

The Model LEA can only be applied if there is no existing LEA in place. If a First Nation has an LEA in place and wants to apply the Model LEA, the First Nation would need to conclude or terminate the current LEA according to the provisions in that agreement. 

To apply the Model LEA, a First Nation must provide written notice (e.g., by mail or email) to both the Ministry and the board, and include the following information in the Model LEA:

  • The name of the First Nation and the board
  • The year when the term of the agreement begins and the year when the agreement ends 
    • The Model LEA will always take effect on July 1 (the start of each school year) of the year the term of the agreement begins
    • The term of the Model LEA is 3 years from the effective date, unless terminated earlier by the First Nation 
  • The mailing and e-mail address of the First Nation and board 
  • The school district number

A template letter for the purpose of providing written notice of the application of the Model LEA  is available for First Nations, and includes a fillable PDF of the Model LEA. 

First Nations and boards are encouraged to review the Model LEA to inform the development of negotiated LEAs or amendment of existing LEAs, by agreement.

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