Memorandum of Understanding Concerning Education and First Nation Students and Communities in the Province of New Brunswick

Among:

The following First Nations as represented by their respective Chief and Council;

Buctouche Band, Eel Ground Band, Eel River Bar First Nation, Elsipogtog First Nation, Esgenoôpetitj First Nation (Burnt Church Band), Fort Folly Band, Indian Island Band, Kingsclear Band, Madawaska Maliseet First Nation, Metepenagiag Mi’kmaq Nation, Oromocto Band, Pabineau Band, Saint Mary’s Band, Tobique Band and Woodstock Band (collectively the “First Nations”).

And

Her Majesty the Queen in Right of New Brunswick, as represented by the Minister of Education and the Minister Responsible for Aboriginal Affairs (“NB Education”).

And

Her Majesty the Queen in Right of Canada, as represented by the Minister of Indian Affairs and Northern Development (“AANDC”).

Whereas the Parties wish to work collaboratively, collegially and as expeditiously as possible toward improving educational outcomes for First Nation students in New Brunswick, and

Whereas the Parties agree to work together to support First Nation students in reaching their full learning potential and in attaining achievement levels comparable to the general student population in New Brunswick.

Therefore the Parties Agree That:

1. This Memorandum of Understanding is intended to enhance administrative cooperation with respect to education for First Nation students in New Brunswick and is not intended to effect a transfer of program responsibilities among the Parties.
2. The Parties will consider the following areas in working to improve educational outcomes for First Nation students in New Brunswick:
   
   
   1. Pre-Kindergarten and Readiness for School;
   2. Kindergarten to grade five;
   3. Grades five through twelve; and
   4. Transition to post-secondary opportunities.
3. NB Education and First Nation communities will work together in the development of new Provincial-First Nation Education Programs and Services Agreements, designed to support those First Nation students attending public schools operated by the Province of New Brunswick.
4. The Parties agree to work together to ensure a smooth transition for students between schools operated by First Nations in New Brunswick (‘Band Schools’) and public schools, where appropriate.
5. The Parties agree to work together to develop and implement appropriate performance criteria and indicators to measure improved educational outcomes for First Nation students in New Brunswick and to monitor the effectiveness of this Memorandum of Understanding.
6. The Parties will work together for the purpose of improving educational outcomes for First Nation students, whether attending Band Schools or public schools, consistent with the Provincial Aboriginal Education Committee’s Strategic Plan for First Nation Education and NB Education’s When kids come first.
7. NB Education will commit to reinvesting fifty percent (50%) of all future tuition payments received (excluding outstanding tuition arrears) from First Nations, to be jointly administered by representatives of the appropriate First Nation(s) and Provincial school district authorities, for the purpose of improving educational outcomes for First Nation students attending public schools in those school districts.
8. AANDC will pursue additional financial support for First Nation students living on reserve in New Brunswick for the purpose of improving results-based accountability measures such as school success plans and of enhancing collaboration between Band Schools and public schools.
9. With the implementation of the new Provincial-First Nation Education Programs and Services Agreements, the Parties further agree to work together to address any outstanding issues including issues related to tuition.
10. This Memorandum of Understanding is a statement of intent by the Parties and is not legally binding. It is not intended to define, create, recognize, deny or amend any of the rights of the Parties and does not oblige AANDC or NB Education to act in a manner inconsistent with federal, legislative or regulatory jurisdictions or authorities.

Signed at Fredericton, province of New Brunswick, as of the 22 day of April, 2008.

Signed on behalf of the Buctouche Band

______________________
Chief Ann Mary Simon

Signed on behalf of the Eel Ground Band

______________________
Chief George H. Ginnish

Signed on behalf of the Eel River Bar First Nation

______________________
Chief Everett Martin

Signed on behalf of the Elsipogtog First Nation

______________________
Chief Jesse John Simon

Signed on behalf of the Esgenoôpetitj First Nation (Burnt Church Band)

______________________
Chief Wilbur Dedam

Signed on behalf of the Fort Folly Band

______________________
Chief Joseph Knockwood

Signed on behalf of the Indian Island Band

______________________
Chief Ken Barlow

Signed on behalf of the Kingsclear Band

______________________
Chief Paul Tomer

Signed on behalf of the Madawaska Maliseet First Nation

______________________
Chief Joanna Bernard

Signed on behalf of the Metepenagiag Mi'kmaq Nation

______________________
Chief Noah Augustine

Signed on behalf of the Oromocto Band

______________________
Chief Roger Atwin

Signed on behalf of the Pabineau Band

______________________
Chief David Peter-Paul

Signed on behalf of the St. Mary's Band

______________________
Chief Candace Paul

Signed on behalf of the Tobique Band

______________________
Chief Gerald Bear

Signed on behalf of the Woodstock Band

______________________
Chief Jeff Tomah

Signed on behalf of Her Majesty the Queen in Right of Canada, as represented by the Minister of Indian Affairs and Northern Development

______________________
Honourable Chuck Strahl
Minister of Indian Affairs and Northern Development

Signed on behalf of Her Majesty the Queen in Right of New Brunswick, as represented by the Minister of Education

______________________
Honourable Kelly Lamrock
Minister of Education

Signed on behalf of Her Majesty the Queen in Right of New Brunswick, as represented by the Minister Responsible for Aboriginal Affairs

______________________
Honourable Ed Doherty
Minister Responsible for Aboriginal Affairs