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Assembly
of First Nations July 26, 2000 |
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| Preamble First Nations Education DIAND’s Obligation APPENDIX A: APPENDIX B: |
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Preamble All First Nations learners are unique, and possess their own special interests, abilities, and learning needs. All First Nations learners are capable of learning and share the same inherent right to a quality education. Education systems must therefore be designed to respect and accommodate the wide diversity of learners, including those with special needs.
An Inherent Right To Education It is the fundamental position of the Assembly of First Nations
(AFN) that education at all levels is an inherent Aboriginal and
treaty right that is recognized in the Canadian Constitution.
This recognition was reiterated in the United Nations Educational, Scientific and Cultural Organization (UNESCO) World Declaration on Education for All, which noted that "the learning needs of the disabled demand special attention. Steps need to be taken to provide equal access to education to every category of disabled persons as an integral part of the education system" .
The delegates at the UNESCO World Conference on Special Needs Education again reaffirmed their commitment to the World Declaration on Education for All, by generating the Salamanca Statement which recognized "the necessity and urgency of providing education for child, youth and adults with special educational needs within the regular education system" .
The United Nations Universal Declaration of Human Rights states that "everyone has the right to education" which "shall be directed to the full development of the human personality" . The federal government boasts that Canada ranks number one on the United Nations Development Programme’s (UNDP) Human Development Index . However, First Nations still endure the poorest living conditions in Canada, and "if on-reserve native peoples were a nation ranked on the UNDP Human Development Index they would place 63rd , a shocking contrast to Canada’s number one placement" .
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Nations Education All First Nations learners have the right to attend the education setting most appropriate for their needs. All First Nations learners have a right to be educated in a regular school setting which effectively meets their needs, with the services delivered by qualified personnel. Both the need and service delivery will be determined by First Nations. First Nations learners also have a right to access an education that encompasses their spiritual, physical, social, emotional, cultural and intellectual development, and their education should prepare them adequately for life long learning. Education that is based upon First Nations cultures and values is consistent with the principles of inclusion and holistic learning highlighted above. First Nations learners learn best in a learning environment that reflects their experiences and understandings. First Nations schools were developed with the express goal of providing First Nations learners with a high quality education that teaches First Nations learners the knowledge, skills, and values they need to become responsible and productive community members. First Nations schools aim to provide all learners with a solid foundation in their languages and cultures, values, understandings, and traditions. First Nations schools are one mechanism through which First Nations are exercising their jurisdiction for education. First Nations communities have long expressed concern about the inadequate funding provided to First Nations schools for the provision of services to learners with special needs, and there have been years of effort to bring attention to the critical situation of First Nations schools in the area of special education . As clearly stated in the landmark document Tradition and Education, "Special education must be resourced by the federal government as an integral part of the non-discretionary First Nations education program."
Currently, First Nations schools are not provided adequate resources to allow them to provide the services and programs required by learners with special needs. As a result, the rights of those students are not being realized. First Nations learners with special needs are either not provided with the services and programs they require, or are not able to enroll in a First Nations school, denying them their right to attend the school of their choice. |
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| DIAND’s
Obligation
We, therefore, assert that the Department of Indian Affairs and Northern Development must adopt the First Nations Special Education Policy attached, and ensure that First Nations are provided resources that will enable them to provide appropriate services and programs for learners with special needs. FIRST NATIONS SPECIAL EDUCATION POLICY First Nations education, including Special Education, will be rooted in First Nations’ languages, cultures, histories, world views, knowledge and practices. First Nations will be provided funding and resources for First
Nations Special Education programs and services for all First Nations
learners, taking into account costs for remoteness and isolation
factors. Scope of Policy While there exists a need for a comprehensive First Nations Special Education policy to include both on- and off-reserve learners, the scope of this policy addresses on-reserve First Nations schools. Due to the absence of reserves in the Yukon Region, the scope of this policy acknowledges, includes and supports Yukon’s First Nations learners with special needs. Objectives The objectives of the First Nations Special Education Policy are
to: Secure funds for ongoing research and development at the regional
level; and, It is the role and responsibility of First Nations to: Index funding according to identified need for Special Education
as determined by First Nations. Eligibility All First Nations learners with identified Special Education needs; All First Nations schools with learners with Special Education needs; and, A First Nations organization in each region, which is prepared and supported by First Nations to provide regional-wide services related to Special Education, are eligible for funding. Funding Under the First Nations Special Education policy, funding will allow for the provision of Special Education programs and services which are determined according to First Nations needs and standards; and, 2. Will allow for flexibility to accommodate changes to the level of need. Process for the Allocation of Funds DIAND will allocate sufficient funding to First Nations regions to meet the objectives of First Nations as set out in this policy. Dollars will be distributed through an allocation process developed by First Nations within their respective regions, as identified by regions. Accountability Accountability will be directly tied to the respective regional delivery mechanisms and will be appropriate to address reporting requirements. |
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| Appendix
A Suggestions for Framing a Regional First Nations
Special Education Policy In keeping with the following assumptions, this framework is intended to provide the maximum flexibility for community adaptation, to reach its Special Education objectives. Assumptions The foundation of this policy is based on the assumptions that: Children are gifts from the Creator and are the life force of the community; Education steeped in traditional First Nations ways, values, and meanings, speaks to the heart and the mind of the child; Our children will blossom through an educational system which addresses their intellectual, social, moral, sexual, spiritual, physical, cultural, and emotional needs in a wholistic and loving manner; All children have unique abilities and gifts and have the right to an educational system which permits the development of their full potential, regardless of their needs or special circumstances; Parents and legal guardians are an essential component of the educational process and are to be integral to all decision making processes; Our communities grow stronger, braver, and more compassionate by nurturing those with difficulties; Children belong with their peers and will more fully flourish when allowed to be an active part of their community; All members of the community have both the responsibility and the privilege of contributing to the education and development of each child in our midst; All expenditures made on special education will be recuperated through future savings in social costs. Objectives This First Nations Special Education Policy will: provide the highest level of education possible for every First Nations child; assist each student to attain the levels of behavioral, vocational, and cultural skills necessary to be contributing adult members of First Nations society; maintain the highest professional, educational, and ethical standards for the benefit of the student, the family, and the community; identify the education needs of each student in the most caring and practical manner; ensure that each student is treated with respect and optimism, in full knowledge of his or her rights within the legal and educational system; remain student-centered at all times; provide professional development and support for all special education staff; provide facility and material resources to ensure an optimal educational environment; ensure that each student is treated with respect and optimism, in full knowledge of his or her rights within the legal and educational system; remain student-centered at all times; provide professional development and support for all Special Education staff; provide facility and material resources to ensure an optimal educational environment; ensure each student has a carefully and professionally developed Individual Education Plan (IEP), which is regularly monitored, evaluated, and communicated to all those involved; allow each child to make reasonable and continual progress to develop optimal competencies; maximize student progress by encouraging family awareness, involvement, and training at all stages of the process; recognize and celebrate excellence at all levels and abilities; ensure that ongoing financial support is procured and distributed equitably; and ensure that all First Nations Treaty rights are respected and upheld. Principle Policy Elements The following policy statements are intended to cover most salient factors in a regional special education policy. 1) Special Education Definition For the purposes of this policy, the Special Education classification includes any student whose full potential is limited within the constraints of the regular school programs or resources, by virtue of cognitive, physical, sensory, behavioural, emotional, developmental, language, or social exceptionalities, which require supplementation or modification of educational services or practices. 2) Early/Extended Schooling a) At what age does this policy provide identification procedures
for early detection of special needs children? 3) Identification of Students with Special Needs The purpose of identification of special needs is to provide understanding
of individual learning characteristics and access to tailored curriculum,
pedagogy, resources, and services to enhance learning and personal
growth. Who has the responsibility and authority to refer a student for special needs assessment or services? Do parents have the rights to initiate testing for special needs? How clearly laid out is the referral process for those participating? What time frame is acceptable for the duration of the referral-to-assessment process? What preparation is the student or parents given for the process? Who is responsible for liaison between the referral, testing, diagnosis, and school based branches of service delivery and follow-up? b) Consent Is consent required for other reasons in the identification process? Is consent required from other agencies involved with the students? What procedure applies if the parent withholds consent? For what reasons can services be provided despite parental dissent? What recourse does the school have if consent is not forthcoming? Is consent required in the situation where the child is from an abusive home? How will be the school proceed if the student is resistant? c) Classification By what criteria will classification be made? Is a formal diagnosis required to receive benefits from the policy? If not, what are the procedures? Under what conditions would informal assessment be adequate? What system of classification will be used? Should classifications be standardized across the region or nation? What is the practice of using these labels and classifications throughout the school system? In what way will the classification system address the notion of ‘giftedness’? Does the present system effectively address possible special needs in the areas of physical and mental disabilities, learning disabilities, sensory (visual or hearing) impairment, emotional/behavioural disorders, communication disorders, or special talents? Who decides how much testing/involvement/intervention/adaptation/ labelling is appropriate? How closely does the present classification system match current funding forumlae? d) Diagnosis/Assessment What degree of standardization and accreditation (community, regional, national) is desirable for formal diagnosis/assessment? What instruments, tests, and assessment tools are deemed valid for the needs of the child, the context in which he lives, and the culture within which he grows? What measures are being taken to develop culturally appropriate standardized tests for First Nations students? What mix of qualitative and quantitative measures will constitute an accurate and reliable assessment for diagnostic and remediation purposes? What assessment and diagnosis procedures are targeted at specific deficits, i.e., cognitive impairment from such conditions as processing problems, attentional (ADD/ADHD) and memory deficits, fetal alcohol syndrome; autism; other physiologically based difficulties, such as visual, auditory, physical disabilities; literacy difficulties related to ESL factors, emotional/behavioural, etc.? What guidelines are required for the use of standardized diagnostic assessment tools and such alternative assessment measures as authentic and portfolio assessment (portfolio assessment, non-categorical approaches, personal testimony and anecdotal information from students, parents, agency personnel, and teachers, etc)? How will the more qualitative, subjective measures be interpreted, and by whom? How will results be communicated to parents and students in the most useful and comprehensive manner? What criteria will constitute a diagnosis of ‘gifted’? What training is required in test administration and the development or adaptation of remediation materials from the results? How fully do the assessment measures identify the strengths of the student? What assessment measures are in place for early identification of special needs prior to school entry and during the first two years of school? e) Relevant Information Parents at all times have the right to all information about their children. What information is helpful to consider from other agencies, social history, family, anecdotal or other sources? Can issues that affect the child be excluded? Who decides what is relevant and what is not? Is the school entitled to access to all pertinent information concerning the child? How will confidentiality be maintained? 4) Individual Education Plan (IEP) An IEP will be developed, implemented, maintained, monitored, and evaluated for each student in need of special education. The IEP will be based on the most thorough, current, and appropriate assessment measures and inputs from all relevant persons. Individual education plans will be generated by a Special Education Team of at least three stakeholders (principal, teacher, parent, special education teachers, other professionals, representatives of agencies, students over 16 years of age, a person speaking on behalf of the parent or student, an interpreter). Parents and students over 16 are encouraged to attend all decision-making meetings. Who will assume the leadership of the Special Education Team? Parental consent, input, and involvement are encouraged. Information and identified resources will be available to all upon request. The IEP will include students’ strengths and needs, program placement, suggested approaches, strategies, materials, resources and special equipment, short and long term goals and objectives, monitoring procedures, evaluation frequency and criteria, support mechanisms to ensure successful implementation, written consent of all team members, and team responsibilities. Review of the IEP is at least semi-annual. A parent may request a review after 3 months of placement in a program. Any team member may request a review. Communication regarding the IEP will be in the first language of the Elder and parents where possible, in understandable terminology and context, at times which are convenient and comfortable for all, and accommodations will be made, as far as possible, for cultural practices prior to meetings. 5) Placement a) What are the total placement options for a child? 6) Appeal Process a) What measures have been taken to inform parents of their rights
in the appeal process? 7) Resources and Support Services a) What efforts have been made to centralize and coordinate facility,
research, training, curricula, and staffing needs? 8) Personnel and Staff a) What are the hiring criteria for teachers, special education educators, resource staff, support staff, and professional staff? b) What qualifications are required for those who diagnose special
needs? 10) Program and Material Development Programs and Materials a) What curriculum currently exists to satisfy the needs of the
IEP? Forms and Information a) What forms are needed to initiate and document the processes
of referral, assessment, diagnosis, and placement? 11) Code of Ethics All persons involved with children of special needs are bound by a code of ethics to conduct themselves, at all times, in ways that are respectful, empathetic, professional, trustworthy, and conscientious. All persons involved will act in ways respectful to First Nations ways, values, and traditions. Student rights will be respected at all times by all persons involved. The highest standards of responsibility decision making will be maintain, in consultation with all stakeholders. Information used in the process will be confidential, accurate, current, pedagogically sound, and available to parents. All educators and professionals will be qualified, certified, and subject to the strictures of their professional associations. First Nations are responsible for defining and providing the highest possible education for each student. Each First Nations is responsible to formulate, administer, monitor, evaluate, and revise their special education programs and services, on an on-going basis. 12) Accountability How will accountability be distributed for: periodic reviews of IEP goals and objectives (on a regular basis, with parents, students, guardians, and educators); maintaining accurate, current records on progress and communication between home and school; monthly in-school review of progress; structuring and implementing modifications to the IEP? Who will be accountable to ensure the student is treated with respect and high professional and ethical standards of conduct at all times? Who will set and maintain standards of professionalism in hiring and conduct among team members? How is vigilance maintained regarding qualifications of teacher assistants, reference checks for contacted professionals, demonstrated cross-cultural experience, receptivity, and ability to work in the respectful collaborative manner of responsible professionals in a First Nations school? Who is accountable for the performance of professionals in accordance with contract stipulations and team specifications? Who will be responsible for sharing information (to include parental consent, forwarding of relevant student information, current and transfer-ready status of all student information) with other jurisdictions for transferring students? Who will act as parent liaison, providing community-based support, information, training in such areas as: child development, learning disabilities, adapted home study strategies and approaches, parental rights, behavioural modification and discipline for their child’s special needs, student rights, appeal process, parental responsibility, confidentiality? Who will be responsible for a survey of parents and other family members for needs assessment, monthly training by resource personnel, material resources to assist parental attendance at meetings without hardship? How will maximum community involvement be assured in the special education process and programs? How will students be made aware of their personal responsibilities and obligations within the school and community environments, as contributing members? What strictures and procedures are put in place for lack of compliance with special education policy? 13) Interagency Cooperation Which agencies have been involved with the student prior to referral? Of those, which need to be kept apprised of the progress? Are the various agencies informed about mutual/redundant benefits, services, and procedures? Has a multidisciplinary team been set up to coordinate and monitor special education, made up of Elders, student, family, staff, First Nations leaders, and other members of the community? Has cooperation been solicited from caregivers, community members, educators and relevant agencies? Who is responsible for the liaison between the agencies, departments, and the school? What is appropriate contact with the family, to prevent too many people becoming intimately involved with the situation? What is the best way to integrate educational, health-related, social, legal, and other professional services? Who retains the leadership/coordination functions of the special education services? 14) Barrier-Free Access Which classifications of special needs fall under this category? How and by whom is the need for physical changes to a building assessed? What are the procedures for modification of a building? How is this financed? Are these educational or capital costs? Can community volunteers assist in this area? 15) Graduation Requirements What special criteria will be used for these students to allow them to graduate? How will this be modified to address individual accomplishments? What certificates will be given? How best can these students be integrated into the graduation rituals and ceremonies? 16) Transition Support What postsecondary guidance counseling, support structures, and services are provided for special needs students leaving the school system and their parents (career, vocational, job preparation, life skills, further education and training, apprenticeships, mentoring, community living)? What continuity is maintained between the school personnel and these students? What age and time limits would be set on these services? What tracking and monitoring procedures are in place to support these students? 17) Monitoring and Evaluation Specific individuals are to be assigned responsibility for monitoring and evaluating these programs, policies and procedures. Parents have a right at all times to request review of or information about the progress of their children. a) Monitoring procedures are required to follow the application of the policy to ensure that: i) the referral, assessment, diagnostic, placement, and appeal processes are implemented properly and appropriate records kept; ii) the IEP is implemented as intended; b) Evaluation procedures are required to: i) measure and assess the effectiveness of the processes in place
for special students; 18) Record Keeping Who will ensure that accurate and up-to-date records are to be kept on all processes and procedures? How will student achievement be recorded? How will results be tabulated for special education students at the community, regional, and national level? What categories of data will be recorded? What trends and developments will be targeted for analysis? What mechanisms, procedures, and personnel will be in place to analyze and report on the cumulative and longitudinal results of all data? To whom and with what frequency will the reports be given? What distribution system will allow these results to be disseminated for the benefit of teachers, parents, educators, agencies, professionals, researchers, and community members? Who will have the right of access to the database? What procedures are in place to monitor access to and usage of data? 19) Funding The cumulative results and experience gathered from the special education programs across the regions will be used as foundations and justifications for funding proposals, expenditures, and budgets. Applications for funding will comply with the national First Nations Special Education Policy. |
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Appendix B Quebec (March, 2000) Sample |
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