Thank you, Mr. Speaker. Mr. Speaker, your committee would like to report on its consideration of Bill 81, An Act to Amend the Education Act, No. 2. Bill 81 received second reading in the Legislative Assembly on March 30th, 2023, and was referred to the Standing Committee on Social Development for review. The standing committee held a public hearing in Yellowknife on May 31st, 2023. Committee then travelled to Inuvik, Norman Wells, and Deline from June 6th to the 9th, 2023, for further engagement on the bill. Committee held a clausebyclause review of the bill with the Minister of Education, Culture and Employment on August 15, 2023.
Thank you, Member for Kam Lake. Reports of Committees on the Review of Bills. Member for Deh Cho.
Question has been called. All those in favour? All those opposed? Any abstentions? The motion is carried.
Carried.
Bill 81: An Act to Amend the Education Act, No. 2 (Bill 81) received second reading on March 30, 2023 and was referred to the Standing Committee on Social Development (Committee) for review. Bill 81 makes changes to the Education Act (Act). The Department of Education, Culture and Employment (ECE) took what they referred to as a phased approach to legislative changes. Phase 1 focuses on operational and administrative amendments designed to improve the existing system within the life of the 19th Assembly. According to ECE, Phase 2 will focus on education system structure and governance amendments in the 20th or a later Assembly.
Phase 1 amendments recognize the role of Indigenous governments in education; seek to clarify roles and responsibilities between the Minister of Education, Culture and Employment (Minister) and education bodies; protect parental consent in student grade placement and education program modification decisions; mandate for student transportation; and supporting information sharing among education bodies. These amendments respond to the findings and recommendations from the 2020 February Report of the Auditor General of Canada to the Northwest Territories Legislative Assembly.
Members of the Committee, Indigenous Governments, Dene Nation, and many residents of the Northwest Territories (NWT) were disappointed with a phased approach, sharing that it did not allow for a more thorough engagement process with holistic and meaningful changes to address the uneven and poor state of education in the territory. In response, Committee sought and gained a verbal commitment from the Minister that Phase 2 will include a robust engagement process resulting in substantive amendments to the Act aimed at improving educational outcomes of NWT students.
Committee sought public feedback on Bill 81 with a public notice, targeted engagement letters, and in-person engagement. Committee had face-to-face meetings with:
• Beaufort Delta Divisional Education Council
• Behdzi Ahda’ First Nation
• Community members of Delįne
• Community members of Inuvik
• Community members of Norman Wells
• Deline Got'ine Government
• Norman Wells Land Corporation
• Sahtu Divisional Education Council
• Yellowknife Education District No. 1
Committee received written submissions from:
• Behdzi Ahda’ First Nation
• Commission Scolaire Francophone des Territoires du Nord-Quest
• Deline Got'ine Government
• Dene Nation
• Mary Ann Villeneuve
• Ndilo District Education Authority
• Yellowknife Education District No. 1
All written submissions are included in an Appendix to this report.
Committee held a public review of Bill 81 on May 31, 2023. At that meeting, Committee heard remarks from the Minister, and asked questions to the Minister and ECE officials regarding concerns with the phased legislative approach; engagement with Indigenous governments; mandate for student transportation; parental consent in student grade placement and education program modification; “social passing”; roles and responsibilities of education bodies; and students’ readiness to attend university, especially students in the small communities.
Committee also heard from David Wasylciw, Chairperson for Yellowknife Education District No.1, at the public review. Mr. Wasylciw highlighted concerns with the mandate for student transportation, including the budgetary impact on education bodies.
Committee received an abundance of comments and concerns from Indigenous Governments, Dene Nation, residents of the NWT and education bodies across the NWT on the proposed legislative amendments to Bill 81, and more broadly on education in the NWT. In summary, these included, but are not limited to:
- Disagreement with a phased legislative approach. Amendments are inadequate and do not effectively address changes to the uneven and poor state of education in the NWT;
- Flawed stakeholder engagement process;
- Need for trauma-informed approaches in legislative drafting and engagement;
- Roles and responsibilities of education bodies are unclear and lack accountability, including at the Ministerial level;
- Lack of support for mandatory student transportation;
- Indigenous governments’ want a more meaningful role in education;
- Extent of parental engagement sought for consent of grade placement and education program modification currently does not go far enough;
- Need to prevent the misuse of social passing;
- Absenteeism;
- Lack of supports for students with disabilities;
- Barriers for contracting teachers in small communities;
- Desire for local teachers and administrators;
- Curriculum is not rigorous;
- Curriculum needs to reflect local Indigenous knowledge and be made available/translated in Indigenous languages; and
- Overall, parents are highly concerned that students are not being taught at their grade level and do not graduate ready to attend post-secondary institutions.
In response to the quantity and substantive nature of comments and concerns received, Committee advanced five motions with amendments to Bill 81. Committee also makes recommendations that are considered out of scope for the current legislation and is more appropriate for consideration in Phase 2.
Committee is concerned the extent of parental engagement sought for grade placement and education program modification does not go far enough. In many cases, students have been placed or “socially passed”, rather than promoted, into higher grade levels without parental support. Parents have been surprised and angry to learn of these changes without their active consent. Clause 12.1 of Bill 81 are amended to expand the type of decisions a parent can make, including disagreement and complaint to the District Education Authority, as it relates to a student’s education program modification.
Stakeholders expressed serious disagreement with a provision to make the delivery of student transportation mandatory given the capacities of education bodies; communities; schools; labour shortages; inflation and rising costs; lack of storage infrastructure; lack of access to mechanics, automotive, and other parts; and a general lack of funding to provide transportation. Clause 26, Clause 27, and Clause 33 of Bill 81 is amended by removing the provision to make the delivery of student transportation mandatory.
Approximately 8,600 students across the territory have vastly different experiences in the NWT’s 49 schools. Stakeholders shared that educational experiences across the NWT are uneven. Yellowknife and regional centres are considered resource-rich having, with greater access to experienced teachers and administration, sports and extracurricular activities, and sound schools with supporting infrastructure. In contrast, schools in the small communities are inadequately funded, with many schools in dire need of repairs, renovations or replacements. As a result, Indigenous governments and members in the small communities shared that their children and youth are routinely marginalized in the NWT’s educational system, which results in lower educational outcomes and a lack of readiness for post-secondary institutions. For example, in the 2020-2021 school year, 74% of high school students in Yellowknife graduated grade twelve, compared to just 45% in the small communities. Stakeholders discussed the negative impact this had on students, their families, and communities. In some cases, leading to poor mental health, substance abuse and addiction, and premature death. Committee is highly concerned that the NWT education system is not supported to set students up for educational achievement and lifelong success after high school.
Stakeholders shared that the engagement process facilitated by ECE was flawed citing that the language in Bill 81, and the plain language and supplementary materials were difficult to understand and amendments were unclear. Not enough time was provided to allow for meaningful feedback. Further, Indigenous governments want meaningful engagement; face-to-face meetings; and Ministerial visits to the communities to meet youth, students, community members, elders, and to see schools firsthand. It was emphasized that youth need to be engaged as a special group on the Act.
Committee therefore recommends:
Recommendation 1: The Department of Education, Culture and Employment create a stakeholder plan that prioritizes meaningful engagement and face-to-face meetings with Indigenous governments, youth, students, community members, and elders.
In addition to dissatisfaction with the engagement process, stakeholders overwhelmingly shared that a phased approach to legislative amendments was wrong. Proposed administrative amendments do not effectively address the changes needed in the Act to improve educational outcomes for NWT students. Phase 1 does not include amendments that address absenteeism; educational outcomes for students; increased readiness for university; supports for students with disabilities; the curriculum; on the land programming; trades programming; wrap-around supports for students; trauma-informed approaches; need for local and Indigenous teachers; and new infrastructure and schools.
Committee therefore recommends:
Recommendation 2: The Department of Education, Culture and Employment draft aspirational legislation for its next iteration of the Education Act that takes a holistic, trauma-informed, and culturally responsive approach to education that is accountable to all NWT communities, its residents, and most of all its youth.
Community members, and in particular parents, identified the issue of chronic absenteeism impacting students’ educational outcomes in the NWT. Community members shared various reasons why students may not attend school, including lack of parental or other caregiver support, unstable home environments, and/or having responsibilities in their families that take priority over school. ECE has identified causes of absenteeism in numerous reports and initiatives over the decades. Committee wants to build on the strengths of NWT students and communities and calls on coordinated strategies between communities, education bodies, and schools.
Committee therefore recommends:
Recommendation 3: The Department of Education, Culture and Employment work with education bodies and schools to promote school attendance by building on community strengths and parental involvement.
Stakeholders shared that schools are natural hubs where wrap-around services are needed and can be effectively delivered. Schools that deliver a coordinated suite of health and social services, after-school programs, and engagement with families and communities are better positioned to meet the holistic needs of students and families in real-time. This is a model for supporting equity in education.
Committee therefore recommends:
Recommendation 4: The Department of Education, Culture and Employment build a northern-specific model of coordinated wrap-around services for NWT schools.
Stakeholders from all communities expressed a serious need for supports for students. Committee hears about the need for supports for students with physical and invisible disabilities. Educators and staff lack training and tools necessary to support students with disabilities access meaningful education. In addition, people raised concerns about the lack of adequate data collection on students with disabilities to inform evidence-based decision-making to support students with disabilities best.
In addition to student supports and staff training to provide meaningful and accessible education for students with diagnosed disabilities, people also expressed frustration around inclusive schooling. The leading frustration that Committee heard about was “social passing,” the process of moving students to a higher grade to keep them with their peers regardless of whether they met grade level requirements. This is considered a best practice in education. However, its success relies on student access to additional support to work toward grade-level requirements. Time and time again, Committee heard from communities that these educational supports are not available in their schools and they need the help of ECE to make education accessible with a robust suite of classroom supports that help all NWT students achieve greater educational outcomes that prepare them for life after high school.
Committee therefore recommends:
Recommendation 5: The Department of Education, Culture and Employment:
A. Increase funding and expand professional development opportunities for staff to best support students with disabilities;
B. Expand the suite of programs and services available to students with disabilities in their home communities; and
C. Improve data collection as it relates to students with disabilities.
Recommendation 6: The Department of Education, Culture and Employment review the Territorial Based Support Team function to ensure teachers and students receive the support they need in a way that meets the community’s needs and establish outcome-focused measures to determine if the team is achieving its goals.
Typically, Committee includes a recommendation in each report requesting a response from government within 120 days. The recommendation is then moved as a motion in the House and Cabinet is required to respond. However, since the 19th Legislative Assembly will dissolve in less than 120 days, Committee has decided to leave out this recommendation and request that the government provide a public response to this report, even of a preliminary nature, before the beginning of the 20th Assembly.
On August 15, 2023, Committee held a clause-by-clause review4. Committee passed the motions to report Bill 81 as amended to the Legislative Assembly and ready for consideration in Committee of the Whole. This concludes the Standing Committee on Social Development’s review of Bill 81.
Thank you, Mr. Speaker. Mr. Speaker, I move, seconded by the Member for Great Slave, that Committee report 6119(2), Standing Committee on Social Development Report on the Review of Bill 81: An Act to Amend the Education Act, No. 2, be received by the Assembly and referred to Committee of the Whole. Thank you, Mr. Speaker.
