PART XVI

EDUCATION

186.

1. Westbank First Nation has jurisdiction in relation to kindergarten, elementary and secondary education on Westbank Lands for Members.



2. The Westbank First Nation education systems shall be designed to permit transfers between education systems without academic penalty to the same extent as transfers are effected between other education jurisdictions in Canada.

187. Without limiting the generality of section 186, Westbank First Nation has the authority to:

1. enter into tuition, post-secondary support, capital, curricular, recreational, special needs and other arrangements;



2. create administrative bodies to administer any education program;



3. enter into agreements regarding children of Members who attend school off Westbank Lands;



4. enter into agreements with the province concerning the delivery of provincial services or the application of provincial standards including:
   
   
   1. curriculum development;
   2. education level equivalencies;
   3. teaching methodologies;
   4. programs and standards;
   5. teacher certification;
   6. teacher training and development; and
   7. evaluation of the education systems;
   
   
   
5. administer post-secondary student support funding for Members living on or off Westbank Lands.

188. Westbank First Nation's exercise of jurisdiction in education shall recognize the importance of compatibility with other education authorities while maintaining Westbank First Nation's right to protect its culture, identity, language and traditions.

189. Until such time as the coming into force of the first Westbank Law enacted pursuant to the jurisdiction described in this Part, sections 114 to 122 of the Indian Act shall continue to apply.

190. Except as otherwise provided in this Agreement, in the event of a conflict between Westbank Law in relation to education and federal law, Westbank Law shall prevail to the extent of the conflict.

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