TO: Chiefs-in-Assembly
DATE: June 14, 15 & 16, 2005
FROM: April Powless, Education Policy Analyst
RE: Special Education

ISSUE:

First Nation Special Education Program (SEP) for Band Operated, Federal and Provincial Schools.

BACKGROUND:

During the 2003/2004 fiscal year approximately 1.2 million dollars was identified as surplus by INAC, Ontario Region, from the Special Education Program. The funding surplus was from the Provincial side of the funding. The reasons for this surplus as cited by INAC officials, varied from lack of follow up from INAC Funding Service Officers (FSO) to improper submissions by First Nations. The SEP funding surplus was allocated to another region for use. In addition INAC discussed difficulties in the compliance of reporting by First Nations for the SEP. The lack of reporting was impacting within the Nation Special Education Working Group, on Ontario’s portion of a Business Case to request additional funding from Treasury Board for Special Education. The representative to the National Special Education Working Group felt it was important to have a body to provide input to the development of the Business Case. Therefore the First Nation Education Coordination Unit (FNECU) established a working group for Special Education.

The Ontario Special Education Working Group (OSEWG) is comprised of one representative from Nishnawbe-Aski Nation (NAN), one representative from Grand Council Treaty 3 (GCT# 3), one representative from the Union of Ontario Indians (UOI), one representative from the Association of Iroquois and Allied Indians (AIAI), one representative from the Independent First Nations, one representative from the Chiefs of Ontario and one representative from INAC Ontario region. The mandate of the OSEWG is to provide input and guidance to the Representative to the National Special Education Working Group, to develop Special Education Program Guidelines which will assist in remedying the existing problems encountered in the administration of the SEP and to provide options for consideration regarding First Nation Regional Management Organizations (FNRMOs).

The OSEWG has been working on completing components of a First Nation Special Education Program Guidelines. The guidelines are being developed to assist in administration of the First Nation Special Education Program (SEP) as it applies to Federal, Band Operated and Provincial Schools. The guidelines are in a draft stages and the following categories have been included: an overview, a definition section, guiding principles/philosophy, roles and responsibilities i.e. INAC, FNs, other FN organizations (tribal councils, education authorities etc.), schools etc; Categories of Exceptionality, a definition of High Cost Special Education; reporting framework; provincial funding and application process; infrastructure/supportive services; accountability data collection; tuition agreements; performance indicators; criteria; and funding allocation methodology.

INAC has provided the following information on the funding breakdown for the SEP program:

2004- 2005 Funding Break Down

Federal Schools get $800, 000 for Federal Special Education Teacher Salaries (under collective agreements) plus 90, 000 in Operation & Maintenance. Both of these funds are held by INAC region as VOTE 1 money (government operations) the $90, 000 can go for assessments, books, etc. This money does not go directly to the Federal Schools; it is held and appropriated by INAC region. Approximately 1.0 million for funding of Special Education Programs for Federal Schools between Ontario and Alberta (these are the only 2 regions with Federal Schools). The amount currently allocated to Federal Schools is actually less than they would be eligible for under the current SEP funding Formula.

It has been indicated that there will be 10 million new dollars in Special Education Funding for 2005/2006, this has not yet been confirmed. By 2009/2010 the National Funding level for the Special Education Program will reach its height at 125 million nationally. Currently Ontario receives approximately 19 million under the Special Education Program.

During discussions regarding Provincial schools it was determined that information is required to determine; the levels of high cost Special Education Provincial funding currently being spent. This is very important as currently the Provincial portion of the SEP program is getting the higher portion of funding (refer to chart above), and yet the majority of First Nation children attend First Nation schools. INAC representatives have stated that when new funding is received it will be needed on the Provincial side of the SEP. There have been issues raised regarding improper billing, and lack of services provided by Provincial schools and school boards. The information required to move forward is not being provided by INAC. Therefore the OSEWG decided the best course of action was to ask the First Nations for this information directly. An information gathering template was developed at this meeting and will be sent out by the Chiefs of Ontario. OSEWG members will follow up with their individual First Nations. This will be done during the next week.

The existence of “protection” and “transition” funding has been raised as well. This issue exists when a First Nation has a decrease in their nominal roll and their SEP budget drops significantly as a result. In some cases INAC FSO’s have “protected” FNs at their current funding levels or transitioned the FN down at a less significant rate. The INAC representative stated there are a few cases of this existing in Ontario, currently this has not been verified.

CONSIDERATIONS:

1. “Protection” and “Transition” funding: this funding is being utilized sometimes, when a First Nation has a drop in there High Cost Special Education Funding, due to a decrease in their nominal roll. There is no policy on “Protection” and “Transition” funding and is currently being left to the discretion and judgment of FSO if at all. The issue at large is there is not a consistent approach and not all First Nations are being treated equally, due to no existing policy.

1. Provincial Funding: The current funding level is high in relation to First Nation funding levels. There is currently no accountability to ensure School Boards are billing fairly and are accountable back to First Nations. A part of this problem lies in the quality of Tuition Agreements being used by First Nations. The Information Gathering Questionnaire will give the OSEWG an idea of the problem so that appropriate follow up action can be prescribed.

1. Federal Schools : INAC did not share information on how First Nation with Federal Schools accessed services and assessments for the children with High Cost Special needs. Also it is not apparent how or if INAC is accountable to these First Nation communities, schools and children, on the spending of this funding.

FOLLOW UP:

• “Protection” and “Transition” Funding: First Nations may be faced with a loss of half their funding, due to a drop in Nominal Roll. INAC FSO’s have been modifying the existing funding formula to accommodate and assist these First Nations. However there is a lack of consistency in the application of this.

• Provincial Funding: The results from the Information Gathering Template will be utilized to identify the next course of action taken by the OSEWG.

• Federal Schools: A letter to INAC requesting the policy and procedures regarding Special Education within Federal Schools will be sent out. I have spoken with key individuals from the First Nations with Federal Schools and am awaiting information received from INAC to determine if any follow up action will be required.