Education ActDECEMBER 7, 2012MICHAEL WALTERADM, STRATEGIC SERVICES, ALBERTA EDUCATION

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Role of the Education Act Sets out the rights, responsibilities and authorities

that different people and organizations play in the education system.

Will replace the School Act, which came into effect in 1988.

Is a framework for education, and the regulations and policies which play a critical role.

Social legislation, less prescriptive and regulatory than other types of legislation.

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Historical context

Education Act

Regulations

Policies

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Inspiring Educatio

nBill 18

Our Children,

Our Future

Bill 2 Bill 3

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PART 1: Continuing shifts from the School Act

PART 2: Changes or new shifts from the School Act

in Bill 3

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Student-centred residency

Policy Shift: Student residency will be used to determine which school jurisdiction is responsible for providing educational programming to a student.

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Raise the age of access to 21 years as of September 1

Policy Shift: Improve the high school completion rate for Alberta by extending the age of funded access for individuals from younger than 19 years on September 21, to include those younger than 21 years of age on September 1.

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Increase the age of compulsory school attendance to 17

Policy Shift: Ensure continuing engagement of students in secondary education by extending the age of compulsory attendance from 16 to 17 or until attainment of a high school credential as determined by the Minister.

Responsibilities of students, parents, boards, and trustees

Policy Shift: List the responsibilities of key partners in education: students, parents, school boards and trustees.

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Welcoming, Caring, Respectful and Safe Learning Environments

Policy Shifts: • Expand on student responsibilities to reflect

the importance of a positive learning environment and students’ and boards’ roles in creating that environment.

• Require boards to develop supporting policies in accordance with requirements set out by the Minister including a student code of conduct.

• Enshrine Bullying Awareness and Prevention Week in legislation.

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Specialized Supports and Services

Policy Shift: Describe the provision of specialized supports and services.

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New Requirements for Early Childhood Services Programs

Policy Shift: Early childhood development will be enhanced and strengthened by extending certain rights and benefits currently given to students, age 6 and over, to all children registered in an early childhood services program offered by a board.

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Provide boards with natural person powers

Policy Shift: Provide natural person powers to school boards within the prescribed educational focus of boards, with appropriate qualifications and limitations over taxation power, borrowing authority and such other limits as set out in the Act.

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Change procedural requirements in the establishment of separate school districts

Policy Shift: Realign requirements in the determination of the separate school establishment area and in the openness and transparency of the separate school establishment process. Change procedural details in the establishment of separate school districts.

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Separate School Electors

Policy Shift: Allow separate school electors to decide in which jurisdiction, public or separate, they may vote or run for election as a trustee.

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Audit Committee

Policy Shift: Require boards to establish an audit committee.

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Clarify Student Fees

Policy Shift: Provide that school boards may charge student fees in accordance with the regulations, and provide the Minister with the authority to make regulations respecting student fees.

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PART 2: Changes or new shifts from the School Act

in Bill 3

Definition of “bullying”

Policy shift: Broaden the definition of the term “bullying” to include behaviour from an “individual in the school community” and not just a “student”.

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Application to establish a charter school

Policy shift: Ensure a charter school application can only be made if the board of the division in which the school is to be established refuses to establish a similar alternative program.

Operation of a charter school

Policy shift: Clarify that an operator of a charter school is restricted to the operation of that charter school.

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Francophone elector and trustee eligibility

Policy shifts: • Remove the requirement that an individual have a child

enrolled in a school operated by the Francophone regional authority to vote in or run as a trustee in an election of a Francophone regional authority.

• Clarify that, like other Albertans, Francophone electors may only vote in one election.

Maintain the current requirement that the elector be a Francophone (defined as a person who has rights under section 23 of the Canadian Charter of Rights and Freedoms).

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Financial situation of a private school

Policy shift: Provide authority for the Minister to suspend or cancel the registration or accreditation of a private school if the evaluation and monitoring of the school indicates that the financial situation of the school places the learning opportunities of students at risk.

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Establishment of “composite” school divisions

Policy shift: Include a provision that allows the Minister, at the request of affected districts or divisions, to establish a school division comprised of both public and separate school districts or divisions.

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Role of the parent

Policy shift: Affirm the role and rights of parents with respect to their children’s education by clarifying that a parent:

• has the prior right to choose the kind of education that shall be given to their child, and

• has the responsibility to act as the primary guide and decision-maker with respect to their child’s education.

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The Alberta Human Rights Act and section 16: Diversity and respect

Policy shift: Reword section 16 of the Education Act (Diversity and respect) to reinstitute the previous wording of section 3 of the School Act. 

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Co-operation in transportation

Policy shift: Allow the Minister to direct boards to co-operate in providing transportation to students. This would allow the Minister to direct that a public board and a separate board provide transportation services to students from either board with a view to improving access to services and achieving economic efficiencies.

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Where do we go from here?

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Bill 3 – Education Act

Regulatory and Policy Review