Yellowknife (Feb 25/04) - School districts might scrap school fees altogether as they hustle to implement an order from the former minister of education.

"We're still in deliberation," says Kern Von Hagen, superintendent of Yellowknife Catholic Schools (YCS).

In November, former Education Minister Jake Ootes ordered all Yellowknife education districts to stop charging school fees to Treaty Rights holders.

The fees, which cover everything from textbooks to field trips, conflict with student's Treaty Rights, according to Ootes. The order came after a parent successfully argued that the fees contravene Treaty Rights.

School districts originally thought they had until September to make the change. Last month a directive from the territorial government ordered to them to implement the policy immediately.

"We're having a really hard time with the equity issue across the board," says Von Hagen, explaining why the district may choose to scrap fees for all students, not just Treaty Right holders.

The directive creates a two-tier system in the schools, says Von Hagen.

YCS estimates scrapping fees altogether will cost up to $100,000 in lost revenue a year. At Yellowknife 1, that cost jumps to a possible $150,000 a year.

YCS figures Treaty Right holders now pay $35,000-$40,000 per year. Yellowknifer estimates Yellowknife 1 collects about $43,000 a year from aboriginal students.

"How are we going to compensate for that?" says Von Hagen.

"It's a challenge. We'll have to be fair to all students," says Judith Knapp, superintendent of Yellowknife 1.

Administration at both districts are struggling just to identify the Treaty Right holders walking their halls.

No school in Yellowknife requests Treaty Right cards from students right now. At YCS, students stipulate their status on a registration form.

That leaves administration with the tough task of labelling those eligible for the exemption.

"It's hard for us to figure that out." says Knapp.

"Some of them already don't pay."

YCS estimates its aboriginal population at 40 per cent, while the public school district says its aboriginal population is 29 per cent.

The 2001 census pegged Yellowknife's aboriginal population at 22 per cent of the total.

Appealing for money

Both school districts will be appealing to the Department of Education, Culture and Employment (ECE) to make up the funding shortfall.

"We'll certainly ask the territorial government," says Dave Lovell, the vice-chair of the public board. Yellowknife No. 1 budgeted $22.6 million for the 2003-2004 school year.

Von Hagen says other options are reallocating existing money or finding new money in its $16 million budget. YCS may even use some of the extra core funding it is entitled to through an enrolment increase to make up the loss.

ECE won't be doling out any more money to make up for the lost fees, according to Mark Cleveland, deputy-minister.

"We fund the authorities through an established formula. That hasn't changed and it won't change as a result of this decision," says Cleveland.

The districts have the authority to charge school fees under section 117 of the Education Act, but that right is lost when it conflicts with Treaty Rights, he says.

Cleveland says ECE will be monitoring the situation as the districts implement the directive.

In Yellowknife 1, schools currently charge fees from $25 a year up to $100 for high school students. At YCS, fees range from $35-$100 per year.