Bill 3 — First Session, 28Th Legislature, 61 Elizabeth Ii the Legislative Assembly of Alberta Bill 3 Education Act (Legislature 28, Session 1)

L28 S1 11473

Alberta — Bills

2012 Bill 3 First Session, 28th Legislature, 61 Elizabeth II THE LEGISLATIVE ASSEMBLY OF ALBERTA BILL 3 EDUCATION ACT THE MINISTER OF EDUCATION First Reading . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Second Reading . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Committee of the Whole . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Third Reading . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Royal Assent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

1 Bill 3 BILL 3 2012 EDUCATION ACT ( A s s e n t e d t o , 2 0 1 2 ) Table of Contents 1

Interpretation 2 Limitations

Part 1 Access to Education 3 Right of access to education 4 Resident student 5 Residence 6 Independent student 7 Compulsory education 8 Enforcing school attendance 9 Attendance at school 10 Enrolment in school operated by board 11 Responsibility to students 12 International students 13 Tuition fees 14 Francophone education 15 Enrolment in Francophone school

Part 2 Opportunities for Learning Division 1 Diverse and Flexible Learning 16 Diversity and respect 17 Language of instruction 18 Courses, programs of study, etc. 19 Alternative programs

2 20 Home education programs 21 Early childhood services programs 22 Off-campus education programs 23 Continuing education Division 2 Charter Schools 24 Application to establish charter school 25 Charter schools 26 Operation of charter schools 27 Application of Act to charter schools 28 Regulations Division 3 Private Schools 29 Private schools 30 Application of Act to private schools

Part 3 Responsibilities and Dispute Resolution Division 1 Responsibilities 31 Student responsibilities 32 Parent responsibilities 33 Board responsibilities 34 Trustee responsibilities Division 2 Bullying Awareness and Prevention Week 35 Bullying Awareness and Prevention Week Division 3 Student Discipline 36 Suspension 37 Expulsion

3 Division 4 Student Advisory Council 38 Student advisory council 39 Functions of student advisory council Division 5 Complex Education Needs Tribunal 40 Complex Education Needs Tribunal Division 6 Dispute Resolution 41 School dispute resolution 42 Appeal to board 43 Request for review by the Minister 44 Review by the Minister Division 7 Attendance Board 45 Establishment of Attendance Board 46 Referral to Attendance Board 47 Mediation by Attendance Board 48 Hearing before Attendance Board 49 Order of Attendance Board 50 Attendance Board panels

Part 4 Board Powers and Elections Division 1 Board Powers 51 Natural person powers 52 Delegation of power 53 General powers and duties of boards 54 Insurance and investment 55 School council 56 Student records 57 School fees 58 Religious and patriotic instruction or exercises 59 Transportation

4 60 School day and year 61 Flags 62 Closure of schools 63 Education services agreements for First Nations students Division 2 Board Procedures 64 Open meetings 65 Inspection of documents 66 Requests to provide information 67 Accountability of board 68 Secretary and treasurer 69 Regulations Division 3 Investigation and Inquiry 70 Investigation 71 Inquiry 72 Official trustee Division 4 Elections and Trustees 73 Procedure for elections, etc. 74 Eligibility 75 Oath of office 76 Establishment of wards 77 Board establishment 78 Number of trustees 79 Change of name 80 Resignations 81 Filling vacancies 82 Failure to elect trustee, etc. 83 Direction to official tr ustee to hold by-election 84 Appointment of First Nations trustee Division 5 Conflict of Interest and Disqualification 85 Pecuniary interest 86 Disclosure of information

5 87 Disqualification of trustees 88 Disclosure of pecuniary interest 89 Effect of interest on contract 90 Resignation on disqualification 91 Refusal to resign on disqualification 92 Appeal of board’s resolution 93 Hearing of application 94 Dismissal of application for disqualification 95 Appeal of declaration of disqualification 96 Reimbursement

Part 5 Structure of School Authorities Division 1 Creation of Public School Districts 97 Establishment of public school district Division 2 Establishment and Disestablishment of Separate School Districts 98

Definitions 99 Right to establish separate school district 100 Intention to establish 101 Separate school establishment area 102 Petition for establishment 103 Community info rmation meeting 104 Vote respecting establishment 105 Notice respecting the vote 106 Minimum participation for binding vote 107 Notification to Minister 108 Establishment of district 109 Effect of establishment 110 Vote against establishment 111 Disestablishment of separate school district Division 3 Creation, Alteration and Dissolution of School Divisions 112 Establishment of school division

6 113 Effect of establishment 114 Addition and removal of land 115 Effect of town or village 116 Alteration of name 117 Dissolution by Minister 118 Adjustment of assets and liabilities 119 Transfer of teachers 120 Publication of order 121 Boundaries 122 Restriction re alteration of boundaries Division 4 Establishment of Separate School Regions 123 Establishment of separate school region Division 5 Establishment and Dissolution of Francophone Education Regions 124

Definitions 125 Application 126 Establishment of Franc ophone education region 127 Effect of establishment 128 Minority in Francophone education region 129 Composite Francophone regional authority 130 Designation of schools 131 Public and separate Francophone regional authorities 132 Appointment of trustees on establishment 133 Agreements with school divisions 134 Responsibility and authority of Francophone regional authority 135 Eligibility 136 Dissolution of Francophone regional authority

Part 6 Finance and Property Division 1 Finance 137 Definition 138 Auditor 139 Financial reporting to the Minister

7 140 Contents of financial statements and authority to disclose personal information 141 Auditor’s report 142 Audit committee 143 Application of funds Division 2 Assessment of Property 144 Definition 145 Assessment 146 Property owned by individuals 147 Notice of assessability by an individual 148 Notice of assessability by corporation or cooperative 149 Notice on acquisition 150 Examination of notice 151 Evidence 152 Effect of notice 153 Assessment of corporation 154 Equalized assessment 155 Statement to boards by municipality 156 Copy of assessment roll 157 False statement re assessment 158 Offence Division 3 Requisitions 159 Definition 160 Calculation of requisition by board 161 Submission of requisition 162 Payment by council of a municipality 163 Interest Division 4 Alberta School Foundation Fund 164 Application of this Division 165 Alberta School Foundation Fund 166 Taxing authority 167 Payment into the Fund 168 Default

8 169 Payment from the Fund 170 Collecting boards 171 Effect of cessation of services Division 5 Special School Tax Levy 172 Plebiscite 173 Conduct of plebiscite 174 Special school tax levy 175 Assessment and requisition Division 6 Levying and Collection of Taxes by a Board 176 Definition 177 Authorization to levy and collect taxes 178 Collecting board 179 Exemption Division 7 Borrowing 180 Borrowing 181 Borrowing by debenture 182 Validity of debentures 183 Use of unexpended debenture proceeds 184 Improper application of money borrowed 185 Liability of trustees 186 Enforcement of liability of trustees Division 8 Property 187 Real and personal property 188 Acquisition of property 189 Joint property 190 Non-school buildings 191 Expropriation 192 Disposition of property 193 Leasing of property 194 Regulations 195 School building and non-school building projects

Part 7 Education Professions and Occupations Division 1 Responsibilities 196 Teachers 197 Principals Division 2 Teachers 198 Qualifications re employment 199 Qualifications re supervisory position 200 Agreements 201 Regulations 202 Principals designated 203 Acting principal 204 Administrative, supervisory and consultative positions 205 Contracts of employment 206 Probationary contract 207 Continuing contract 208 Substitute teachers 209 Temporary contract 210 Interim contract 211 Part-time contract 212 Transfer of teacher 213 Suspension of teacher 214 Termination of contract 215 Termination by board 216 Termination by teacher 217 Notice of termination 218 Duty to report 219 Termination of designation 220 Salaries 221 Unqualified teachers Division 3 Non-teaching Employees 222 Superintendent of schools 223 Term of appointment

10 224 Regulations 225 Other non-teaching employees Division 4 General 226 Medical examination 227 Labour relations 228 Trustees 229 Employee contracts Division 5 Board of Reference 230 Board 231 Appeal 232 Notice of appeal 233 Appeal referred to Board of Reference 234 Investigation 235 Hearing 236 Appeal from suspension 237 Order of Board of Reference 238 Irregularities in notice of appeal 239 Costs 240 Deposit 241 Enforcement of order 242 Appeal to Court of Appeal

Part 8 General 243 Delegation of Minister’s powers 244 Forms 245 Labour Relations Code 246 Alteration of time limits 247 Petition 248 Notice of public meeting 249 Public notice 250 Regulations 251 Protection from liability for trustees, employees, members and volunteers 252 Protection from liability for others

11 253 Enforcement of judgment 254 Enforcement by Court 255 Return of property on ceasing to hold office 256 Prohibited activities 257 Liability for damage to property by student 258 Penalty 259 Penalty for failure to give information

Part 9 Transitional Provisions, Consequential Amendments, Repeals and Coming into Force Transitional Provisions 260 Transitional provisions Consequential Amendments 261-288 Consequential amendments Repeals 289 Repeals Coming into Force 290 Coming into force

Preamble

WHEREAS the following visions, principles and values are the foundation of the education system in Alberta;

WHEREAS education is the foundation of a democratic and civil society;

WHEREAS education inspires students to discover and pursue their aspirations and interests and cultivates a love of learning and the desire to be lifelong learners;

WHEREAS the role of education is to develop engaged thinkers who think critically and creatively and ethical citizens who demonstrate respect, teamwork and democratic ideals and who work with an entrepreneurial spirit to face challenges with resiliency, adaptability, risk-taking and bold decision-making;

WHEREAS students are entitled to welcoming, caring, respectful and safe learning environments that respect diversity and nurture a sense of belonging and a positive sense of self;

WHEREAS education is a shared responsibility and requires collaboration, engagement and empowerment of all partners in the education system to ensure that all students achieve their potential;

WHEREAS the educational best interest of the child is the paramount consideration in making decisions about a child’s education;

WHEREAS parents have the right and the responsibility to make informed decisions respecting the education of their children;

WHEREAS the Government of Alberta recognizes the importance of an inclusive education system that provides each student with the relevant learning opportunities and supports necessary to achieve success;

WHEREAS the Government of Alberta recognizes the need to smooth the transition for students between secondary education and post-secondary education or entry into the workforce;

WHEREAS the Government of Alberta recognizes the importance of enabling high quality and socially engaging learning opportunities with flexible timing and pacing through a range of learning environments to meet diverse student needs and to maximize student success;

WHEREAS the Government of Alberta believes in and is committed to one publicly funded education system that provides a choice of educational opportunities to students and that honours the rights guaranteed under the Constitution of Canada in respect of minority language and minority denominational education through the dimensions of public, separate and Francophone schools;

WHEREAS the Government of Alberta is committed to providing choice to students in education programs and methods of learning; and

WHEREAS the Government of Alberta is committed to encouraging the collaboration of all partners in the education system to ensure the educational success of Alberta’s First Nations, Metis and Inuit students;

13 THEREFORE HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta, enacts as follows:

Interpretation 1(1) In this Act, (a) “Attendance Board” m eans the Attendance Board established under

section 45; (b) “attendance officer” means the superintendent or any other individual designated by a board as an attendance officer; (c) “board” means a board of trustees of a school division; (d) “bullying” means repeated and hostile or demeaning behaviour by an individual in the school community where the behaviour is intended to cause harm, fear or distress to one or more other individuals in the school community, including psychological harm or harm to an individual’s reputation; (e) “charter school” means a school established under

section 25; (f) “early childhood services program” means an education program provided pursuant to

section 21; (g) “elector” means an elector as defined in the Local Authorities Election Act; (h) “expel” means to expel a student in accordance with

section 37; (i) “Francophone” means an individual who has rights under

section 23 of the Canadian Charter of Rights and Freedoms; (j) “Francophone education program” means an education program offered by a Francophone regional authority that is intended for the children of Francophones, but does not include an alternative program established under

section 19; (k) “Francophone education region” means a Francophone education region established under

section 126;

14 (l) “Francophone regional authority” means a composite Francophone regional authority established under

section 129 or a public Francophone regional authority or separate Francophone regional authority established under

section 131; (m) “home education program” means an education program provided pursuant to

section 20; (n) “independent student” means a student who is (i) 18 years of age or older, or (ii) 16 years of age or older and (

A) living independently as determined by a board in accordance with

section 6, or (

B) a party to an agreement under

section 57.2 of the Child, Youth and Family Enhancement Act; (o) “Minister” means the Minister determined under

section 16 of the Government Organization Act as the Minister responsible for this Act; (p) “municipality” means a municipality as defined in the Municipal Government Act; (q) “non-school building” means a building other than a school building owned or occupied, in whole or in part, by (

i) a school jurisdiction, (ii) a school jurisdiction and a municipality, or (iii) a school jurisdiction and another person; (r) “parent”, unless otherwise sp ecified, means, in respect of a student or a child enrolled in an early childhood services program, the relevant individual referred to in subsection (2); (s) “principal” means a teacher designated as a principal or acting principal under this Act; (t) “private school” means a school registered under

section 29;

15 (u) “public school district” m eans an area of land established as a public school district pursuant to this Act or any predecessor Act or Ordinance; (v) “public school division” means a public school division established under

section 112; (w) “resident student” means a person who is entitled under

section 3 to have access to an education program and who meets the requirements of

section 4; (x) “school” means a structured learning environment through which an education program is offered to a student by (

i) a board, (ii) a person responsible fo r the operation of a private school, (iii) either a society incorporated under the Societies Act, or a company registered under

Part 9 of the Companies Act, that is responsible for the operation of a charter school, (iv) a person providing an early childhood services program, (

v) a parent providing a home education program, or (vi) the Minister; (y) “school building” mean s a building used for the instruction or accommodation of students that is owned or occupied, in whole or in part, by (

i) a school jurisdiction, (ii) a school jurisdiction and a municipality, or (iii) a school jurisdiction and another person; (z) “school building project” means (

i) the purchase, erection, relocation or renovation of, (ii) the making of structural changes in,

16 (iii) the addition to or extension of, or (iv) the building of access road s or site preparation for, a school building; (aa) “school council” means a school council established under

section 55; (bb) “school division” means a school division established under

section 112; (cc) “school jurisdiction” m eans a board, the Lloydminster Public School Division or the Lloydminster Roman Catholic Separate School District; (dd) “separate school distri ct” means an area of land established as a separate school district pursuant to this Act or any predecessor Act or Ordinance; (ee) “separate school divisi on” means a separate school division established under

section 112; (ff) “separate school region” m eans a separate school region established under

section 123; (gg) “special school tax levy” means a tax that is authorized pursuant to

Part 6, Division 5; (hh) “student” means a person who is (

i) enrolled in a school, or (ii) required under

section 7 to attend school, but does not include a chil d younger than 6 years of age who is enrolled in an early childhood services program; (ii) “superintendent” mean s a person appointed as a superintendent of schools under

section 222; (jj) “suspend”, with respect to a student, means to suspend a student in accordance with

section 36; (kk) “teacher” means a person who holds a certificate of qualification as a teacher issued under this Act;

17 (ll) “trustee” means a member of a board; (mm) “unorganized territory” mean s any area in Alberta that is not included within a public or separate school district or a school division.

(2) For the purposes of subsection (1)(r), the parent is (

a) subject to subsection (3), (

i) the guardian as set out in

section 20 of the Family Law Act, (ii) the guardian appointed under

Part 1, Division 5 of the Child, Youth and Family Enhancement Act, if the guardian notifies the board in writing of the guardian’s appointment, or (iii) the guardian appointed un der

section 22 or 23 of the Family Law Act, if the guardian notifies the board in writing of the guardian’s appointment, (

b) notwithstanding clause (a ), the guardian of a student appointed under a temporary or permanent guardianship order under

section 31 or 34 of the Child, Youth and Family Enhancement Act, a permanent guardianship agreement under

section 11 of the Child, Youth and Family Enhancement Act or a private guardianship order under

section 56 of the Child, Youth and Family Enhancement Act, if the guardian notifies the board in writing of the guardian’s appointment, or (

c) notwithstanding clauses (

a) an d (b), the Minister of Justice and Solicitor General, if the student is in custody under the Corrections Act, the Corrections and Conditional Release Act (Canada) or the Youth Criminal Justice Act (Canada).

(3) The authority of a guardian to act under this Act is subject to any limitation imposed by law on the authority of the guardian, and where a person claims to be a parent or guardian or claims the existence of any limitation on the authority of a parent or guardian, the onus is on that person to provide proof of the claim.

(4) For the purposes of this Act, (a) “resident of Alberta” means a person

18 (

i) who is lawfully entitled to be or to remain in Canada, and (ii) who makes the person’s residence, and is ordinarily present, in Alberta, but does not include a tourist or visitor to Alberta; (b) “resident of Canada” means a person (

i) who is lawfully entitled to be or to remain in Canada, and (ii) who makes the person’s residence, and is ordinarily present, in Canada, but does not include a tourist or visitor to Canada. Limitations 2 The exercise of any right or the receipt of any benefit under this Act is subject to the limitations that are reasonable in the circumstances under which the right is being exercised or the benefit is being received.

Part 1 Access to Education Right of access to education 3 Every person (

a) who at September 1 in a year is 6 years of age or older and younger than 21 years of age, (

b) who is a resident of Alberta, and (

c) who has a parent who is a resident of Canada, is entitled to have access in that school year to an education program in accordance with this Act. Resident student 4(1) Subject to this section, a student is a resident student of the board of the school division in which the student resides.

(2) Subject to this section, every student is a resident student of a board of a public school division.

(3) Where a separate school district is established, a student residing within the boundaries of the separate school district is a resident student of the board of the separate school division responsible for operating the separate school district if (

a) the student’s parent, if the student has only one parent, declares that the parent is of the same faith as those who established that district, whether Protestant or Roman Catholic, or (

b) the student’s parents, if the student has two parents, declare that they are both of the same faith as those who established that district, whether Protestant or Roman Catholic.

(4) If a student referred to in subsection (3) has two parents, one of whom declares that that parent is of the same faith as those who established the separate school district, whether Protestant or Roman Catholic, and one of whom has not made such a declaration, the parents shall choose whether the student is a resident student of the board of the separate school division or of the public school division, and (

a) the student is a resident student of the board of the chosen school division, (

b) the student shall attend the school the student is directed to attend by the board of the chosen school division in accordance with

section 10, and (

c) the board of either school division may require that the choice of the parents remain in effect during the school year in respect of which it is made.

(5) A director under the Child, Youth and Family Enhancement Act may deem a student to be a resident student of the board of a separate school division where the student indicates that the student is of the same faith as those who established the separate school district and if (

a) the student is in the care of a foster parent under the Child, Youth and Family Enhancement Act,

20 (

b) the faith of the student, whether Protestant or Roman Catholic, differs from the faith of the foster parent, (

c) the foster parent resides in an area where a separate school district has been established, and (

d) the student is a child in respect of whom financial assistance is being provided under

section 105.8 of the Child, Youth and Family Enhancement Act.

(6) The following students are resident students of the Government: (

a) a student who resides in uno rganized territory and who is not an Indian as defined in the Indian Act (Canada) residing on a reserve pursuant to the Indian Act (Canada); (

b) a student in custody under the Corrections Act, the Corrections and Conditional Release Act (Canada), the Youth Justice Act or the Youth Criminal Justice Act (Canada) who resides in an institution or a group home prescribed by the Minister as an institution or a group home to which this clause applies; (

c) a student (

i) who (

A) is in the custody of a director, or (

B) has a guardian appointed, under the Child, Youth and Family Enhancement Act, and (ii) who resides in an institution or a group home prescribed by the Minister as an institution or a group home to which this clause applies that is operated or approved by the Government; (

d) a student who is under long-term medical care who resides or is placed in a program in an institution that is under the control, direction or administration of the Government.

(7) If the residence of a student changes after the commencement of a school year, the parent of the student shall designate the

21 student to be a resident student of one of the following for the balance of that school year: (

a) the board of the school division in which the student resides after the change, (

b) the board of the school division in which the student resided immediately before the change, or (

c) the Government if the student (

i) resides in unorganized territory after the change, or (ii) resided in unorganized territory immediately before the change.

(8) If there is a dispute as to the residency of a student, the Minister may determine that the student is a resident student of a particular board. Residence 5 For the purposes of this Act, the place of residence of a person is governed by the following: (

a) a person is deemed to ha ve only one place of residence; (

b) a person’s place of residence is the place where that person ordinarily lives and sleeps and to which, when absent from the residence, that person intends to return; (

c) when a person leaves Alberta or Canada with the intention of residing outside Alberta or Canada, that person’s residence in Alberta or Canada, as the case may be, ceases. Independent student 6(1) In determining whether a student is living independently for the purposes of this section, a board may consider the following: (

a) whether the student or th e student’s parent has made a statement in writing indicating that the student is living independently; (

b) the student’s living arrangements;

22 (

c) whether the student is financially independent or contributes financially to his or her maintenance; (

d) whether the student is responsible for the making of significant decisions regarding matters such as health care; (

e) any other factor the board considers relevant.

(2) Notwithstanding any other provisions in this Act, an independent student is entitled to exercise all the rights and powers and receive all the benefits and is subject to all the obligations under this Act that the student’s parent would be entitled to exercise or receive or would be subject to, and the student’s parent shall not exercise those rights, receive those benefits or be subject to those obligations. Compulsory education 7(1) Every person who (

a) is a resident of Alberta and has a parent who is a resident of Canada, (

b) at September 1 in a year is 6 years of age or older, and (

c) subject to subsection (2), is younger than 17 years of age, shall attend school. (2) Subsection (1)(

c) does not apply to a person who is younger than 17 years of age who has attained high school completion in accordance with the requirements prescribed in an order of the Minister under

section 18.

(3) A board shall make all reasonable efforts to ensure that a student who is a resident student of the board or who is enrolled in a school operated by the board attends school.

(4) Notwithstanding subsection (1), a student is excused from attending school on a day on which the school is open if (

a) the student is unable to attend by reason of sickness or other unavoidable cause, (

b) the day is recognized as a religious holiday by the religious denomination to which the student belongs,

23 (

c) the principal of the school has suspended the student from school and the suspension is still in effect, (

d) the student has been expelled from a school and has not yet been enrolled in another education program, or (

e) the board or, if the student is enrolled in a private school or resides in unorganized territory, the Minister (

i) determines that the parent of the student has shown sufficient cause as to why the student should not be required to attend school, and (ii) excuses the student from attending school for a prescribed period of time.

(5) Where a student is excused from attendance at school under subsection (4)(e), that student is excused from attendance at school only during the period of time prescribed by the board or the Minister, as the case may be. Enforcing school attendance 8(1) In this section, (a) “judge” means a judge of the Provincial Court; (b) “order” means an order given under this

section by a judge or a justice of the peace.

(2) If an attendance officer has reasonable and probable grounds to believe that a student is not attending school in accordance with

section 7, the attendance officer may do any or all of the following: (

a) enter, during school hours, (

i) any building or premises other than a dwelling place, and (ii) if authorized by an order under subsection (5), a dwelling place, where the attendance officer has reason to believe the student may be found or employed;

24 (

b) send the student who the attendance officer suspects is not attending school home or to school and accompany the student for that purpose; (

c) deal with the student in accordance with the rules prescribed by the board.

(3) If (

a) an attendance officer has reasonable and probable grounds to believe that a student who is not attending school in accordance with

section 7 is located in a place or premises, including a dwelling place, or (

b) a student does not comply with a proper direction given by an attendance officer, the attendance officer may act under subsection (4).

(4) If subsection (3) applies, the attendance officer may make an ex parte application to a judge or, if a judge is not reasonably available, to a justice of the peace for either or both of the following orders: (

a) if the judge or justice of the peace is satisfied that the student may be found in the place or premises, an order authorizing the attendance officer named in the order to enter the place or premises without force and search for the student; (

b) an order requiring the student to comply with the directions of the attendance officer.

(5) On hearing an application under this section, the judge or justice of the peace, as the case may be, may grant the order applied for subject to any terms or conditions that the judge or justice of the peace considers appropriate in the circumstances. Attendance at school 9(1) Where (

a) a student who is required to attend a school under

section 7 does not attend school, and (

b) attempts to enforce school attendance under

section 8 have, in the opinion of the board, not been effective,

25 the board of which the student is a resident student or that operates or supervises the school in which the student is enrolled may refer the matter to the Attendance Board.

(2) Where a student who is required to attend a school under

section 7 (

a) is enrolled in a private school, and (

b) does not regularly attend that private school, and the person responsible for the operation of that private school has made all reasonable efforts to ensure that the student attends school, the person responsible for the operation of that private school shall refer the matter to the Attendance Board.

(3) Before referring a matter respecting the attendance of a student to the Attendance Board, a board shall ensure (

a) that the student has been advised by the board or the attendance officer of the student’s duty to attend school in accordance with

section 7, and (

b) that all reasonable efforts have been made by the board or the attendance officer to enforce the student’s attendance at school.

(4) Before referring a matter respecting the attendance of a student to the Attendance Board, the person responsible for the operation of a private school shall ensure (

a) that the student has been advised by that person of the student’s duty to attend school in accordance with

section 7, and (

b) that all reasonable efforts have been made by that person to enforce the student’s attendance at school. Enrolment in school operated by board 10(1) Subject to subsection (2), a board shall direct a resident student of the board to enrol in and attend a particular school operated by the board.

(2) A board shall enrol a resident student of the board in the school operated by the board that is requested by the parent of the student if, in the opinion of the board asked to enrol the student, there are

26 sufficient resources and facilities available to accommodate the student.

(3) Where a board establishes an attendance area for a school, a resident student of a board who resides in the attendance area for the school must be given priority over a student who does not reside in the attendance area.

(4) A board shall, for that school year, enrol a resident student of another board in the school operated by the board that is requested by the parent of the student if, in the opinion of the board asked to enrol the student, there are sufficient resources and facilities available to accommodate the student.

(5) Notwithstanding subsections (2) and (4), a board may direct a student who requests enrolment in a senior high school program beyond a 3rd school year to attend a school designated by the board.

(6) A board shall enrol a resident student of the Government in a school operated by the board as requested by the Minister.

(7) A parent of a student enrolled in a school operated by a board shall not request that the student be enrolled in another school during a school year unless the board operating the other school consents. Responsibility to students 11(1) A board shall ensure that each of its resident students is provided with an education program consistent with the requirements of this Act and the regulations.

(2) A board shall provide to each student enrolled in a school operated by the board an education program consistent with the requirements of this Act and the regulations that will give the student the opportunity to meet the standards of education set by the Minister.

(3) Where a student’s behavioural, intellectual, learning, communication or physical characteristics, or a combination of any of them, impair the student’s ability and opportunity to learn, a board may determine that the student is in need of specialized supports and services.

(4) Subject to

section 40, a student who is determined by a board to be in need of specialized supports and services is entitled to have access to those supports and services in an education program provided in accordance with this Act that will give the student the opportunity to meet the standards of education set by the Minister.

(5) Before providing specialized supports and services to a student, a board shall (

a) consult with the parent of the student, and (

b) where appropriate, consult with the student.

(6) The Minister may make regulations respecting the delivery of specialized supports and services. International students 12 A board shall enrol all individuals who are entitled under

section 3 to have access to an education program in a school year before enrolling an individual who is not entitled under

section 3 to have access to an education program in that school year. Tuition fees 13(1) A board shall not charge any tuition fees with respect to the enrolment in a school operated by the board of its resident students or the resident student of any other board or the Government.

(2) A board may charge tuition fees in respect of an individual who attends a school operated by the board and who is not a resident student of the board or any other board or the Government.

(3) Where a board may charge a tuition fee under subsection (2), the board may determine the amount of the tuition fee. Francophone education 14(1) If an individual has rights under

section 23 of the Canadian Charter of Rights and Freedoms to have the individual’s children receive school instruction in French, the individual’s children are entitled to receive that instruction in accordance with those rights wherever in Alberta those rights apply.

(2) The Minister may make regulations

28 (

a) respecting the education generally of students whose parents are Francophones, and (

b) notwithstanding any other provision of this Act, respecting any matter required to give effect to subsection (1).

(3) A student who is enrolled in a school operated by a Francophone regional authority is entitled to receive school instruction in French. Enrolment in Francophone school 15(1) If a student’s parent is a Francophone who requests that the student be enrolled in a school operated by a Francophone regional authority and the student resides in the Francophone education region within the distance from the school, as determined by the Francophone regional authority, the student is entitled to attend that school, and the Francophone regional authority shall (

a) enrol the student in that school, and (

b) ensure that the student is provided with an education program consistent with the requirements of this Act and the regulations that will give the student the opportunity to meet the standards of education set by the Minister.

(2) If a student’s parent is a Francophone who requests that the student be enrolled in a school operated by a Francophone regional authority and the student does not reside in the Francophone education region within the distance from the school, as determined by the Francophone regional authority, the Francophone regional authority (

a) may enrol the student in that school under the terms set by the Francophone regional authority, and (

b) if the student is enrolled under clause (a), shall ensure that the student is provided with an education program consistent with the requirements of this Act and the regulations that will give the student the opportunity to meet the standards of education set by the Minister.

(3) If a student is the child of a Francophone and is enrolled in a school operated by a Francophone regional authority, the student continues to be a resident student of a board of a school division or,

29 if

section 4(6) applies to the student, of the Government, but

section 11(1) does not apply to that board or the Minister, as the case may be, with respect to that student while the student is enrolled in a school operated by a Francophone regional authority.

(4) Notwithstanding subsections (1) and (2), a Francophone regional authority that is requested to enrol a student in a senior high school program beyond a 3rd school year may direct the student to attend a school designated by the Francophone regional authority.

(5) A Francophone regional authority shall enrol a resident student of the Government in a school operated by the Francophone regional authority as requested by the Minister.

Part 2 Opportunities for Learning Division 1 Diverse and Flexible Learning Diversity and respect 16(1) All courses or programs of study and instructional materials used in a school must reflect the diverse nature and heritage of society in Alberta, promote understanding and respect for others and honour and respect the common values and beliefs of Albertans.

(2) For greater certainty, the courses or programs of study and instructional materials referred to in subsection (1) must not promote or foster doctrines of racial or ethnic superiority or persecution, social change through violent action or disobedience of laws. Language of instruction 17(1) Every student is entitled to receive instruction in English.

(2) Notwithstanding subsection (1), a board may authorize the use of French or any other language as a language of instruction.

(3) The Minister may make regulations governing the provision of instruction in any language authorized under subsection (2).

30 Courses, programs of study, etc. 18(1) The Minister may by order do the following: (

a) prescribe courses or programs of study; (

b) prescribe requirements for the granting of credits, certificates and diplomas, including requirements for high school completion; (

c) prescribe requirements with respect to course sequencing or advancement; (

d) subject to the right of a board to provide religious instruction, prohibit the use of a course, a program of study or a learning and teaching resource in schools; (

e) adopt or approve goals and standards applicable to the provision of education in Alberta.

(2) The Minister may (

a) authorize learning and teaching resources for use in schools, and (

b) approve any course, program of study or learning and teaching resource that may be submitted to the Minister by a board or another operator of a school for use in a school.

(3) The Regulations Act does not apply to an order made under subsection (1).

(4) The Minister may make regulations respecting the examination and evaluation of persons by the Minister, including appeals, fees and the payment of remuneration. Alternative programs 19(1) In this section, “alternative program” means an education program offered by a board that (

a) emphasizes a particular language, culture, religion or subject-matter, or (

b) uses a particular teaching philosophy,

31 but that is neither a religious education program offered by a separate school board of that religious denomination nor a Francophone education program.

(2) A board may offer an alternative program to a student whose parent requests it where, in the opinion of the board, (

a) the board has sufficient reso urces and facilities to offer the alternative program, and (

b) the alternative program is appropriate to meet the student’s education needs.

(3) A board may offer an alternative program under subsection (2) that operates within the geographic boundaries of another board only if the other board has been requested to offer the alternative program and has refused.

(4) A board that offers an alternative program shall continue to offer an education program consistent with the requirements of this Act and the regulations to those students not enrolled in the alternative program.

(5) If a parent enrols a student in an alternative program, the board may charge that parent fees related to the alternative program only for the purpose of defraying all or a portion of any non-instructional costs that (

a) may be incurred by the board in offering the alternative program, (

b) are necessary for the deliver y of the alternative program, and (

c) are in addition to the costs incurred by the board in providing education programs other than the alternative program. Home education programs 20(1) A parent of a student may provide, at home or elsewhere, a home education program for the student if the program (

a) meets the requirements of the regulations, and

32 (

b) is under the supervision of a board or the person responsible for the operation of a private school accredited under

section 29(2).

(2) If a parent resides in unorganized territory, the Minister shall act as a board for the purposes of this section.

(3) The Minister may make regulations respecting home education. Early childhood services programs 21(1) A board or, with the approval of the Minister, another person may provide an early childhood services program to a child who, as of September 1, is younger than 6 years of age, if the parent of the child requests it.

(2) A board may provide an early childhood services program to a student who, as of September 1, is younger than 7 years of age if the parent of the student and the board are of the opinion that the program will benefit the student.

(3) An early childhood services program provided by a board or a person under this

section must be consistent with the goals and standards adopted or approved by the Minister under

section 18(1)(e).

(4) Subject to the regulations, if a parent enrols a child or a student in an early childhood services program, the board or other person that provides the early childhood services program may charge the parent fees in respect of the program.

(5) Unless otherwise stated, if a child referred to in subsection (1) attends a program under this section, the child is not, by reason of attending that program, (

a) a resident student of the board, or (

b) entitled to any of the rights or benefits given to a student under this Act.

(6) The Minister may make regulations respecting early childhood services programs.

33 Off-campus education programs 22(1) A board may provide off-campus education programs for its students.

(2) A board may enter into an agreement with a person to provide a workplace for students who are participating in an off-campus education program.

(3) When a student wishes to participate in an off-campus education program, the board shall obtain the consent of the student’s parent or, if the student is 16 years of age or older, of the student.

(4) A student who is participating in an off-campus education program is considered to be attending school while at the workplace provided for the program. Continuing education 23(1) A board, in addition to meeting its obligations under

section 11(1), may develop or provide courses to any person on any subject.

(2) A board shall employ teachers in accordance with

section 198 to provide instruction in courses provided under this

section that conform with the courses prescribed or approved under

section 18, and may employ any person to provide instruction in other courses provided under this section.

(3) When a board develops or provides a course under subsection (1), the board shall ensure that the course does not interfere with the ability of the board to meet its obligations under

section 11(1).

(4) Notwithstanding

section 13, a board may charge a student registered in a course developed or provided by it under subsection (1) any fees it considers appropriate, but it may not charge a student who is registered in a course prescribed or approved under

section 18 a fee for a course prescribed or approved under that section.

(5) Any person may apply to a board to register in a course developed or provided under subsection (1) and the board may in its discretion accept or refuse the applicant.

(6) A person who registers in a course developed or provided by a board under subsection (1) who is not otherwise a student enrolled

34 in a school operated by the board is not, by reason of being registered in that course, (

a) a resident student of that board, or (

b) entitled to any of the rights and benefits given to a student under this Act. Division 2 Charter Schools Application to establish charter school 24(1) A person may apply to the Minister for the establishment of a charter school to be operated by a society incorporated under the Societies Act or by a company registered under

Part 9 of the Companies Act.

(2) An application may be made to the Minister only if the board of the school division in which the school is to be established has refused to establish an alternative program under

section 19 as requested by the person.

(3) An application must be in the form and contain the information prescribed by the regulations. Charter schools 25(1) The Minister may issue a charter to establish a charter school in accordance with the regulations if the Minister is of the opinion that the program to be offered by the charter school (

a) focuses on a learning style, a teaching style, approach or philosophy or pedagogy that is not already being offered by the board of the school division in which the charter school will be located, (

b) has the potential to improve student learning outcomes, (

c) demonstrates collaboration or engagement with a post-secondary institution or a school division, and (

d) has the potential to provide improvements to the education system as a whole and to enhance education research and innovation in Alberta.

(2) The Minister may, in accordance with the regulations,

35 (

a) determine the initial term of a charter, (

b) renew the term of a charter, or (

c) repeal a charter.

(3) The Minister may by regulation establish criteria for issuing a charter to a charter school on a continuing basis. Operation of charter schools 26(1) A charter school must be operated in accordance with the charter approved by the Minister.

(2) A charter must include the items established by the Minister by regulation.

(3) The society or company that is named in the charter shall operate the charter school.

(4) The operator of a charter school must restrict its purposes to the operation of that charter school.

(5) A charter school shall not charge a fee that may not be charged by a board under this Act.

(6) A charter school shall not be affiliated with a religious faith or denomination. Application of Act to charter schools 27(1) The following provisions and any regulations made under them apply to a charter school and its operation, and a reference in those provisions or those regulations to a board or a trustee is deemed to include a reference to the operator of a charter school or a member of the governing body of the operator of a charter school, as the case may be: (

a) sections 1 and 2; (

b) Part 1 except sections 4, 10, 11(1), 14 and 15; (

c) Part 2 except sections 19, 20, 23, 29 and 30; (

d) Part 3 except sections 33(1)(

k) and 34;

36 (

e) Part 4 except sections 51 and 62, Division 4,

section 87(1)(

a) and (2),

section 91(

b) and (

c) and sections 92 to 96; (

f) in

Part 6, Division 1, sections 171 and 180, and Division 8 except

section 191; (

g) Part 7; (

h) Part 8.

(2) Notwithstanding subsection (1), the Lieutenant Governor in Council (

a) may exempt a charter school from the operation of any provision of this Act, except sections 24, 25 and 26, or of the regulations under

section 25(3) or 28, and (

b) may make any provision of this Act or the regulations apply to a charter school. Regulations 28(1) The Minister may make regulations with respect to charter schools.

(2) An order under

section 27(2) or a regulation under subsection (1) may be general in its application or may apply to a particular charter school or a class of charter schools. Division 3 Private Schools Private schools 29(1) A school may be registered as a private school if the person who will be responsible for the operation of the proposed private school applies to the Minister and the Minister is satisfied that (

a) the private school will provide education programs to its students that comply with any orders made under

section 18, (

b) the private school will meet standards of student achievement acceptable to the Minister,

37 (

c) the person who will be responsible for the operation of the private school agrees to regular evaluation and monitoring by the Minister, and (

d) the building that is to be used for school purposes meets and will continue to meet all applicable local and provincial health, safety and building standards.

(2) A private school may be accredited as an accredited private school if the person responsible for the operation of the private school applies to the Minister and (

a) the Minister approves the education programs offered to its students and its programs of study, and any modification of them, and (

b) the Minister is satisfied that (

i) the person responsible for the operation of the private school continues to meet the requirements under subsection (1), (ii) the person responsible for the operation of the private school has the capacity, in accordance with the regulations, to deliver an appropriate education program to its students, and (iii) individuals employed to teach at the school have the qualifications approved by the Minister.

(3) An application under subsection (1) or (2) must be in the form and contain the information prescribed by the regulations.

(4) The Minister may cancel or suspend the registration or accreditation of a private school (

a) if the person responsible for the operation of the school does not comply, in the case of a private school, with subsection (1) and, in the case of an accredited private school, with subsections (1) and (2), (

b) if the evaluation or monitoring of a private school indicates that the private school does not have the capacity to deliver an appropriate education program to its students,

38 (

c) if, in the opinion of the Minister, the students at the private school are not achieving acceptable educational progress, (

d) if the person responsible for the operation of the private school permits courses, programs of study or instructional materials that do not comply with

section 16, or (

e) if, in the opinion of the Minister, the financial situation of the school places the learning environment of the students at risk.

(5) No person shall operate a school as a private school unless it is registered under subsection (1).

(6) If a person operates as a private school a school that is not registered under subsection (1) or in respect of which the registration has been cancelled or suspended, the Minister may apply to the Court of Queen’s Bench for an order restraining that person from operating the school during the time that (

a) the school is not registered, or (

b) the registration of the school is cancelled or suspended, as the case may be. Application of Act to private schools 30(1) The following provisions and any regulations made under them apply to a registered or accredited private school and its operation, and a reference in those provisions or those regulations to a board or a trustee is deemed to include a reference to the person responsible for the operation of a private school or a member of the governing body of the operator of a private school, as the case may be: (

a) sections 1 and 2; (

b) in

Part 1, sections 3, 5, 6, 7 and 9(2); (

c) in

Part 2, sections 16, 17, 18, 29 and 30; (

d) in

Part 3, sections 31 and 32 and Division 7; (

e) in

Part 4, sections 56, 70 and 71;

39 (

f) in

Part 7, sections 201 and 218; (

g) in

Part 8, sections 243, 244, 246, 254 and 259.

(2) In addition to the provisions referred to in subsection (1),

section 20 and

section 21, except subsections (2) and (5), and any regulations made under

section 20(3) or 21(6), apply to an accredited private school and its operation, and a reference in those provisions or those regulations to a board or a trustee is deemed to include a reference to the person responsible for the operation of an accredited private school or a member of the governing body of the operator of an accredited private school.

Part 3 Responsibilities and Dispute Resolution Division 1 Responsibilities Student responsibilities 31 A student, as a partner in education, has the responsibility to (

a) attend school regularly and punctually, (

b) be ready to learn and actively engage in and diligently pursue the student’s education, (

c) ensure that the student’s conduct contributes to a welcoming, caring, respectful and safe learning environment that respects diversity and fosters a sense of belonging, (

d) respect the rights of others in the school, (

e) refrain from, report and not tolerate bullying or bullying behaviour directed toward others in the school, whether or not it occurs within the school building, during the school day or by electronic means, (

f) comply with the rules of the school and the policies of the board, (

g) co-operate with everyone authorized by the board to provide education programs and other services,

40 (

h) be accountable to the stud ent’s teachers and other school staff for the student’s conduct, and (

i) positively contribute to the student’s school and community. Parent responsibilities 32 A parent has the prior right to choose the kind of education that shall be provided to the parent’s child, and as a partner in education, has the responsibility to (

a) act as the primary guide an d decision-maker with respect to the child’s education, (

b) take an active role in the child’s educational success, including assisting the child in complying with

section 31, (

c) ensure that the child attends school regularly, (

d) ensure that the parent’s conduct contributes to a welcoming, caring, respectful and safe learning environment, (

e) co-operate and collaborate with school staff to support the delivery of specialized supports and services to the child, (

f) encourage, foster and ad vance collaborative, positive and respectful relationships with teachers, principals, other school staff and professionals providing supports and services in the school, and (

g) engage in the child’s school community. Board responsibilities 33(1) A board, as a partner in education, has the responsibility to (

a) deliver appropriate edu cation programming to meet the needs of all students enrolled in a school operated by the board and to enable their success, (

b) be accountable and prov ide assurances to students, parents, the community and the Minister for student achievement of learning outcomes,

41 (

c) provide, where appropri ate, for the engagement of parents, students, staff and the community, including municipalities and the local business community, in board matters, including the board’s plans and the achievement of goals and targets within those plans, (

d) ensure that each student enrolled in a school operated by the board and each staff member employed by the board is provided with a welcoming, caring, respectful and safe learning environment that respects diversity and fosters a sense of belonging, (

e) provide a continuum of speci alized supports and services to students that is consistent with the principles of inclusive education, (

f) collaborate with municipalities, other boards and community-based service agencies in order to effectively address the needs of all students and manage the use of public resources, (

g) collaborate with post-secondary institutions and the community to enable smooth transitions for students from secondary to post-secondary education; (

h) establish and maintain governance and organizational structures that promote student well-being and success, and monitor and evaluate their effectiveness, (

i) ensure effective stewards hip of the board’s resources, (

j) recruit the superintendent and entrust the day-to-day management of the school division to the staff through the superintendent, (

k) develop and implement a code of conduct that applies to trustees of the board, including

definitions of breaches and sanctions, in accordance with principles set out by the Minister by order, (

l) comply with all applicable Acts and regulations, (

m) establish appropriate dispute resolution processes, and (

n) carry out any other matters that the Minister prescribes.

(2) A board shall establish, implement and maintain a policy respecting the board’s obligation under subsection (1)(

d) to provide a welcoming, caring, respectful and safe learning environment that includes the establishment of a code of conduct for students that addresses bullying behaviour.

(3) A code of conduct established under subsection (2) must (

a) be made publicly available, (

b) be reviewed every year, (

c) be provided to all staff of the board, students of the board and parents of students of the board, (

d) contain the following elements: (

i) a statement of purpose that provides a rationale for the code of conduct, with a focus on welcoming, caring, respectful and safe learning environments; (ii) one or more statements that address the prohibited grounds of discrimination set out in the Alberta Human Rights Act; (iii) one or more statemen ts about what is acceptable behaviour and what is unacceptable behaviour, whether or not it occurs within the school building, during the school day or by electronic means; (iv) one or more statements about the consequences of unacceptable behaviour, which must take account of the student’s age, maturity and individual circumstances, and which must ensure that support is provided for students who are impacted by inappropriate behaviour, as well as for students who engage in inappropriate behaviour, and (

e) be in accordance with any further requirements established by the Minister by order.

(4) An order of the Minister under subsection (1)(

k) or (3)(

e) must be made publicly available.

43 Trustee responsibilities 34 A trustee of a board, as a partner in education, has the responsibility to (

a) fulfil the responsibilities of the board as set out in

section 33, (

b) be present and participate in meetings of the board and committees of the board, (

c) comply with the board’s code of conduct, and (

d) engage parents, students and the community in matters related to education. Division 2 Bullying Awareness and Prevention Week Bullying Awareness and Prevention Week 35(1) The 3rd week in November in each year is Bullying Awareness and Prevention Week.

(2) The purpose of subsection (1) is to promote awareness and understanding of bullying and its consequences in the school community. Division 3 Student Discipline Suspension 36(1) A teacher or a principal may suspend a student in accordance with subsection (2) or (3) if in the opinion of the teacher or principal (

a) the student has failed to comply with

section 31, (

b) the student has failed to comply with the code of conduct established under

section 33(2), or (

c) the student’s conduct, whether or not the conduct occurs within the school building or during the school day, is injurious to the physical or mental well-being of others in the school.

(2) A teacher may suspend a student from one class period.

(3) A principal may suspend a student (

a) from school, (

b) from one or more class periods or courses, (

c) from transportation provided under

section 59, or (

d) from any school-related activity.

(4) When a student is suspended under subsection (3), the principal shall (

a) immediately inform the student’s parent of the suspension, (

b) report in writing to the student’s parent all the circumstances respecting the suspension, and (

c) provide an opportunity to meet with the student’s parent, and the student if the student is 16 years of age or older, to discuss the suspension.

(5) A suspension may not exceed 5 school days, except in accordance with a recommendation for expulsion made by the principal under

section 37. Expulsion 37(1) If a student is suspended in accordance with

section 36, the principal may recommend, prior to the end of the student’s suspension, that the board expel the student if (

a) the student has displayed an attitude of wilful, blatant and repeated refusal to comply with

section 31, (

b) the student has displayed an attitude of wilful, blatant and repeated refusal to comply with the code of conduct established under

section 33(2), or (

c) the student’s conduct, whether or not the conduct occurs within the school building or during the school day, is injurious to the physical or mental well-being of others in the school.

(2) If the principal recommends expulsion under subsection (1), the principal shall (

a) immediately inform the board of the recommendation for expulsion, and (

b) report in writing to the board all the circumstances respecting the suspension and the principal’s recommendation for expulsion, and the student remains suspended until the board has made a decision under subsection (4).

(3) The student and the student’s parent may make representations to the board with respect to the principal’s recommendation to expel the student.

(4) The board shall, within 10 school days after the initial date of the suspension, make a decision (

a) to return the student to school, class, a course or courses, transportation provided under

section 59 or a school-related activity, or (

b) to expel the student.

(5) The board may expel a student under subsection (4) only if the principal has recommended that the board expel the student.

(6) If a student is expelled under this section, the expulsion takes effect immediately following the board’s decision under subsection (4)(b).

(7) The board may establish rules or conditions for an expelled student respecting the circumstances in which the student may be enrolled in the same or a different education program.

(8) An expulsion or any rule or condition under subsection (7) may apply to a student beyond the school year in which the student was expelled.

(9) When a student is expelled under this section, the board shall immediately notify, in writing, the student’s parent, and the student if the student is 16 years of age or older, (

a) of the expulsion and any rules or conditions that apply to the student, and

46 (

b) of the right to request a review under

section 43.

(10) When a student is expelled under this section, the board shall (

a) ensure that the student is provided with a supervised education program consistent with the requirements of this Act and the regulations, (

b) ensure that the student is provided with specialized supports and services in accordance with

section 33(1)(e), and (

c) make all reasonable efforts to ensure the attendance of the student in accordance with

section 7. Division 4 Student Advisory Council Student advisory council 38 The Minister may establish a student advisory council consisting of as many student members appointed by the Minister as the Minister considers necessary for a term determined by the Minister. Functions of student advisory council 39 The student advisory council shall (

a) at the Minister’s request, advise the Minister or consult with the Minister respecting any matter determined by the Minister, and (

b) perform any duty or function assigned to the council by the Minister. Division 5 Complex Education Needs Tribunal Complex Education Needs Tribunal 40(1) A board may determine that a student requires specialized supports and services that cannot be met in an education program that may be provided by the board under any other provision of this Act.

(2) If a board makes a determination under subsection (1) in respect of a student, the board shall refer the matter to a Complex Education Needs Tribunal, which shall confirm the board’s determination or determine that the board is able to provide the student with an education program that is appropriate to the needs of the student.

(3) If a Complex Education Needs Tribunal confirms the determination of a board under subsection (1), it shall develop or approve a plan that is consistent with the needs of the student and, in accordance with that plan, shall (

a) determine the relationship between the student, the board and any other person or government that may provide the services required under the plan, and (

b) apportion the cost of providing the services required under the plan between the board and the government.

(4) If a Complex Education Needs Tribunal determines that a board is able to provide the student with an education program that is appropriate to the needs of the student, the board shall provide the student with that education program.

(5) A board and the parent of a student in respect of whom a determination has been made under subsection (1) shall comply with a plan developed or approved by a Complex Education Needs Tribunal under this section.

(6) A plan developed or approved by a Complex Education Needs Tribunal under subsection (3) or this subsection must be reviewed by the same or any other Complex Education Needs Tribunal at least every 3 years after the plan is developed or approved until the student is no longer entitled to have access to an education program under this Act.

(7) The Minister may establish one or more Complex Education Needs Tribunals for the purposes of this section.

(8) For the purposes of carrying out its powers under this section, a Complex Education Needs Tribunal and each of its members have the powers of a commissioner under the Public Inquiries Act.

(9) A parent or a board may request in writing that the Minister review a confirmation made under subsection (2) or a plan developed or approved under subsection (3) by a Complex Education Needs Tribunal.

48 Division 6 Dispute Resolution School dispute resolution 41 A board shall establish a policy respecting the resolution of disputes or concerns at the school level between parents and school staff that supports a co-operative and collaborative learning environment for students. Appeal to board 42(1) The failure of a person to make a decision is deemed to be a decision that may be appealed under this section.

(2) Where a decision that significantly affects the education of a student or of a child enrolled in an early childhood services program operated by the board is made by an employee of the board or an employee authorized by the board under

section 52(1) to make a decision, (

a) a parent of the student or child, and (

b) in the case of a student wh o is 16 years of age or older, either a parent of the student or the student, may appeal that decision to the board within a reasonable time from the date that the parent or student was informed of the decision.

(3) Prior to appealing a decision to the board under subsection (2), a parent of the student or child or, where subsection (2)(

b) applies, the student, must have followed the school dispute resolution policy established by the board under

section 41.

(4) A person who may review a student record under

section 56 may appeal to a board a decision of an employee of the board respecting access to or the accuracy or completeness of the student record within a reasonable time from the date that the person was informed of the decision.

(5) For the purposes of hearing appeals under this section, a board shall establish an appeal procedure by resolution.

(6) A board may establish one or more committees for the purposes of carrying out the board’s responsibilities under this section.

(7) A board may make any decision that it considers appropriate in respect of the matter that is appealed to it under this section.

(8) A board shall make a decision under this

section forthwith after receiving a notice of an application for an appeal and shall report that decision, in writing, to the person making the appeal forthwith. Request for review by the Minister 43(1) If a board makes a decision, on an appeal to it or otherwise, with respect to (

a) the provision of speciali zed supports and services to a student in accordance with

section 11(4) or to a child enrolled in an early childhood services program, or (

b) the expulsion of a student, a parent of a student or child affected by the decision, and the student if the student is 16 years of age or older, may request in writing that the Minister review the decision.

(2) A request under subsection (1) must be made within 60 days of the date on which the parent or the student, if the student is 16 years of age or older, is informed of the decision.

(3) Where a dispute arises as to which board is responsible for a student or child referred to in this section, a board or other person that is a party to the dispute may request in writing that the Minister review the matter.

(4) A person who may review a student record under

section 56 may request in writing that the Minister review a decision of the board, made on an appeal to it or otherwise, respecting access to or the accuracy or completeness of the student record. Review by the Minister 44(1) The Minister may review a matter as requested in accordance with this Act or the regulations and may review the matter in any manner the Minister considers appropriate in order to determine whether the decision of the board was reasonable in the circumstances.

(2) Where the Minister reviews a matter under subsection (1), the Minister may, subject to this Act and the regulations, make

50 whatever decision with respect to the matter in dispute appears to the Minister to be appropriate in the circumstances, and that decision is final.

(3) The Minister may, by regulation, set out the circumstances in which the Minister will review a matter and the manner in which reviews will be conducted. Division 7 Attendance Board Establishment of Attendance Board 45 The Minister may, by order, establish an Attendance Board consisting of as many members appointed by the Minister as the Minister considers necessary and designate from among the members a chair and one or more vice-chairs. Referral to Attendance Board 46 The Attendance Board may hear a matter referred to it pursuant to

section 9 respecting the failure of a student to attend school as required under this Act. Mediation by Attendance Board 47(1) Where a matter is referred to the Attendance Board by a board or the person responsible for the operation of a private school, the Attendance Board may attempt to mediate the matter by means of a case conference with the student, the student’s parent and school staff.

(2) In the event that a case conference conducted pursuant to subsection (1) does not successfully resolve the matter, the Attendance Board may

schedule a formal hearing of the Attendance Board in accordance with

section 48.

(3) Notwithstanding subsection (1), where a matter is referred to the Attendance Board by a board or the person responsible for the operation of a private school, the Attendance Board may proceed directly to

schedule a formal hearing of the Attendance Board in accordance with

section 48.

51 Hearing before Attendance Board 48(1) For the purposes of conducting a hearing before the Attendance Board, the following applies: (

a) notice in writing of the date, time, place and purpose of the hearing must be served at least 7 days before the commencement of the hearing on the parent of the student, on the student who is the subject of the hearing, if the student is capable of understanding the situation, and on any other person the Attendance Board directs; (

b) the Attendance Board has, with respect to the holding of a hearing, the same power as is vested in the Court of Queen’s Bench for the trial of civil actions (

i) to summon and enforce the attendance of witnesses, (ii) to compel witnesses to give evidence on oath or otherwise, and (iii) to compel witnesses to produce documents, records and things; (

c) the Attendance Board may require a board or a person responsible for the operation of a private school to produce to the Attendance Board, prior to a hearing, copies of all reports, statements, correspondence and other documents or things relating to the matter being heard; (

d) if a person fails to atte nd, to answer questions or to produce an item as required under clause (

b) or (

c) or subsection (2) or (3), the Attendance Board may apply to the Court of Queen’s Bench for an order committing that person for contempt in the same manner as if that person were in breach of an order or judgment of that Court; (

e) the Attendance Board shall receive any evidence presented to it that is relevant to the matter being heard; (

f) the rules of evid ence applicable to judicial proceedings do not apply; (

g) all oral evidence received must be taken down in writing or recorded by electronic means;

52 (

h) all the evidence taken down in writing or recorded by electronic means and all documentary evidence and things received in evidence at a hearing form the record of the proceeding; (

i) a person on whom notice of the hearing is served and the person’s counsel or agent are entitled to examine the record of the proceeding; (

j) the Attendance Board may from time to time adjourn matters that are before the Board; (

k) a hearing must be held in public; (

l) notwithstanding clause (k), a hearing or any portion of it may be held in private if, in the opinion of the Attendance Board, it is in the public interest to do so; (

m) a person who is likely to be affected by a hearing before the Attendance Board is entitled (

i) to appear before the Attendance Board, (ii) to be represented by counsel or an agent, and (iii) to make representations to the Attendance Board; (

n) a witness attending a proceeding before the Attendance Board may be paid the same fees and allowances as a witness summoned to attend at the Provincial Court; (

o) notice of every order togeth er with a copy of the written reasons for it, if any, must promptly be sent to (

i) a person on whom notice of the hearing was served, and (ii) any person that the Attendance Board considers is substantially affected by it.

(2) The Attendance Board may require the student or a parent of the student, or both, to attend proceedings before the Attendance Board.

(3) Any person other than the student and a parent of the student who, in the opinion of the Attendance Board, has knowledge of the

53 matter before the Attendance Board is a compellable witness in proceedings before the Attendance Board.

(4) Notice under this

section may be served personally on the person required to be served or by being sent to that person by registered or certified mail. Order of Attendance Board 49(1) On hearing a matter referred to it, the Attendance Board may, subject to any terms or conditions that the Attendance Board considers proper in the circumstances, make an order doing one or more of the following: (

a) directing the student to attend school; (

b) directing a parent of the student to send the student to school; (

c) subject to sections 11, 20 and 40, directing the student to take an education program set out in the order; (

d) reporting the matter to a director under the Child, Youth and Family Enhancement Act; (

e) imposing on a parent of the student a monetary penalty not exceeding $100 per day to be paid to the Crown for each day that the student does not attend school, up to a maximum of $1000; (

f) giving any other direction not referred to in clauses (

a) to (

e) that the Attendance Board considers appropriate in the circumstances.

(2) Notwithstanding subsection (1), the Attendance Board may at any time during the proceedings (

a) make an interim order giving any directions to the student, a parent of the student, the board or the person responsible for the operation of the private school that the Attendance Board considers appropriate in the circumstances, (

b) adjourn the proceedings befo re it for a period set by the Attendance Board, and (

c) reconvene the proceedings to hear further evidence, if the Attendance Board considers it necessary to do so,

54 consider the interim order and make a final order under subsection (1).

(3) A copy of an order of the Attendance Board made under subsection (1) may be filed with the clerk of the Court of Queen’s Bench at the judicial centre closest to the place where the cause of the proceedings before the Attendance Board arose.

(4) On the filing of a copy of an order with the clerk of the Court of Queen’s Bench pursuant to subsection (3), the order of the Attendance Board has the same force and effect as if the order were an order of that Court.

(5) A copy of the order as filed must be sent to the Minister and any person to whom notice of the order is sent. Attendance Board panels 50(1) The chair or a vice-chair of the Attendance Board may designate a panel consisting of (

a) one member, or (b) 3 or more members.

(2) Where a panel consists of 3 or more members, 2 members constitutes a quorum at a sitting of a panel of the Attendance Board.

(3) A decision made or other action taken at a sitting of a panel of the Attendance Board at which a quorum is present (

a) is the decision or action of the Attendance Board, and (

b) binds all members of the Attendance Board.

(4) A panel of the Attendance Board has, with respect to its duties, the jurisdiction of the Attendance Board and may exercise all the powers of the Attendance Board under this Act and the regulations.

(5) The chair may designate a member of a panel of the Attendance Board to preside at any sitting of the panel at which the chair is not present.

(6) A panel of the Attendance Board shall conduct its sittings separately from those of another panel of the Attendance Board being conducted at the same time.

(7) Where a hearing is conducted by a panel of the Attendance Board and one or more members of the panel for any reason do not attend on any day or part of a day, the remaining members present may, if they constitute a quorum of the panel, continue with the hearing.

Part 4 Board Powers and Elections Division 1 Board Powers Natural person powers 51(1) A board has the capacity and, subject to this Act and the regulations, the rights, powers and privileges of a natural person.

(2) With respect to any right, power or privilege exercisable by a board, the Minister may, by regulation, (

a) prohibit or restrict the use of the right, power or privilege; (

b) provide that the right, power or privilege is to be exercised subject to any terms or conditions prescribed in the regulations.

(3) Notwithstanding subsection (1), a board shall not engage in or carry on any activity that is not consistent with the responsibilities of a board as set out in

section 33. Delegation of power 52(1) Subject to subsections (4) and (5), a board may authorize (

a) any of its employees, (

b) a committee of the board or a committee established by the board, or (

c) a school council, to do any act or thing or exercise any power that the board may do or exercise or is required to do or exercise.

(2) An authorization by a board under subsection (1) must be in the form of a resolution of the board.

(3) For the purposes of this Act, the doing of

an act or thing or the exercise of a power by an employee of the board, a committee of the board, a committee established by the board or a school council authorized by a board under subsection (1) is deemed to be the doing of the act or thing or the exercise of the power by the board.

(4) A board shall not delegate (

a) the power to make a bylaw under this Act, (

b) the power to close a school or school building under

section 62, (

c) the power to requisition from a municipality that the board may have from time to time, or (

d) the power to hold a hearing under

section 212.

(5) A board shall not delegate, except to a superintendent employed by the board, (

a) the power to suspend the services of a teacher, or (

b) the power to terminate the services of a teacher. General powers and duties of boards 53(1) A board shall (

a) establish, maintain and implement policies necessary for fulfilling its responsibilities under

section 33, (

b) ensure that all policies are available and accessible to students, parents, board employees and others affected by the policies, (

c) in co-operation with school councils, provide for parental and community engagement in schools, and (

d) maintain, repair, furnish and keep in good order all its real and personal property.

(2) A board may

57 (

a) subject to

section 18 and any regulations under this Act, develop, acquire or offer courses or programs, (

b) subject to

section 18 and any regulations under this Act, develop or acquire instructional materials for use in courses or programs or in schools, and (

c) make policies, subject to any regulations under this Act, respecting the establishment, administration, management and operation of (

i) schools operated by the board, or (ii) school buses and other vehicles used for the purposes of the board. Insurance and investment 54(1) A board shall, in respect of its operations, keep in force adequate and appropriate policies of insurance for the purpose of, at a minimum, indemnifying the board and its employees and school councils in respect of claims for (

a) damages for death or personal injury, (

b) damage to property, and (

c) damage to property owned by the board in respect of which the board has an insurable interest (

i) that the board has agreed to insure, or (ii) for which the board otherwise has or may have assumed liability.

(2) A board may invest only in accordance with the regulations made under subsection (3)(b).

(3) The Minister may make regulations (

a) governing the requirement of boards to (

i) acquire insurance, or (ii) take

part in schemes or arrangements to protect the board and its teachers and other employees with respect to loss or legal liability;

58 (

b) respecting the investment of money for the purpose of subsection (2). School council 55(1) For each school operated by a board, a school council must be established in accordance with the regulations.

(2) The majority of the members of a school council must be parents of students enrolled in the school.

(3) A board of a separate school division may by resolution require that the parents of students enrolled in a school operated by the board who are members of the school council declare themselves to be of the same faith as the electors of the separate school division, whether Protestant or Roman Catholic.

(4) A school council may, at its discretion, (

a) advise the principal and the board respecting any matter relating to the school, (

b) perform any duty or function delegated to it by the board in accordance with the delegation, (

c) consult with the principal so that the principal may ensure that students in the school have the opportunity to meet the standards of education set by the Minister, (

d) consult with the principal so that the principal may ensure that the fiscal management of the school is in accordance with the requirements of the board and the superintendent, and (

e) do anything it is authorized under the regulations to do.

(5) Subject to the regulations, a school council may establish and implement policies in the school that the school council considers necessary to carry out its functions.

(6) A school council may make bylaws governing its meetings and the conduct of its affairs.

(7) Subject to the regulations, a board may establish and implement policies respecting school councils.

(8) A board shall establish a dispute resolution process to address disputes between the principal and the school council with respect to policies proposed or adopted for a school.

(9) The Minister, on the request of the board, may dissolve a school council without notice at any time if the Minister is of the opinion that the school council is not carrying out its responsibilities in accordance with this Act and the regulations.

(10) Where a school council has been dissolved by the Minister pursuant to subsection (9), a school council must, in accordance with the regulations, be established after the start of the school year immediately following the year in which the school council was dissolved.

(11) The Minister may make regulations (

a) respecting the establishment of school councils, the election or appointment of the members of a school council, the term or other conditions of election or appointment and the dissolution of a school council; (

b) respecting the roles of the principal and the school council of a school and their respective powers, duties and responsibilities; (

c) respecting the re-establishment of school councils that have been dissolved by the Minister pursuant to subsection (9); (

d) respecting any other matter the Minister considers necessary respecting school councils; (

e) exempting a school or class of schools from the application of this section. Student records 56(1) A board shall establish and maintain in accordance with the regulations a student record for (

a) each student enrolled in a school operated by the board, and (

b) each child or student en rolled in an early childhood services program provided by the board.

(2) A person, other than a board, providing an early childhood services program to a child shall establish and maintain in accordance with the regulations a student record for each child enrolled in the early childhood services program.

(3) The following persons may review the student record maintained in respect of a student or a child enrolled in an early childhood services program: (

a) the student; (

b) the student’s parent, exce pt where the student is an independent student; (

c) the parent of a child enrolled in an early childhood services program.

(4) A person who is entitled to review a student record under subsection (3) may request a copy of the student record from the board, and the secretary of the board shall provide, or on request shall send, the copy to the person on receiving payment for it at the rate prescribed by the board.

(5) A person who provides information to a student record is exempt from any liability with respect to the provision of that information if that person, in providing that information, (

a) acted in good faith, (

b) acted within the scope of that person’s duties and responsibilities, and (

c) did not act in a negligent manner.

(6) If, on reviewing a student record, a person who is entitled to review the student record is of the opinion that the student record contains inaccurate or incomplete information, that person may request that the board rectify the matter.

(7) Where in accordance with the regulations a board is required to transfer a student record, the board shall do so in a timely manner.

(8) The Minister may make regulations respecting student records.

61 School fees 57(1) Notwithstanding

section 13, a board may charge a parent of a student fees in accordance with the regulations.

(2) The Minister may make regulations respecting school fees. Religious and patriotic instruction or exercises 58(1) A board may (

a) prescribe religious instruction to be offered to its students; (

b) prescribe religious exercises for its students; (

c) prescribe patriotic instructi on to be offered to its students; (

d) prescribe patriotic exercises for its students; (

e) permit persons other than teachers to provide religious instruction or exercises to its students.

(2) Where a teacher or other person providing religious instruction or exercises or a teacher providing patriotic instruction or exercises receives a written request signed by a parent of a student that the student be excluded from religious instruction or exercises or patriotic instruction or exercises, or both, the teacher or other person shall, in accordance with the request of the parent, permit the student (

a) to leave the classroom or place where the instruction or exercises are taking place for the duration of the instruction or exercises, or (

b) to remain in the classroom or place without taking

part in the instruction or exercises. Transportation 59(1) Subject to the regulations, a board shall establish, maintain and implement a policy respecting the safe and appropriate transportation of students.

(2) Where in the opinion of the Minister it is reasonable to do so, the Minister may direct a board to co-operate with another board with respect to the transportation of students.

(3) Subject to the regulations, a board may charge the parent of a student receiving transportation provided by the board any fee determined by the board.

(4) Where a board enters into an agreement with a parent of a student under which the parent conveys the student to and from school or the bus route and the parent receives payment for conveying the student, the board is not under any liability to the parent or the student for any negligence arising out of the student’s being conveyed pursuant to the agreement.

(5) The Minister may make regulations respecting the transportation of students. School day and year 60 A board shall determine and make publicly available for each school year the days, dates and number of days of school operation. Flags 61 A board shall ensure that the Canadian flag and the Alberta flag are displayed at each school operated by the board. Closure of schools 62(1) A board may, only by resolution, permanently or temporarily (

a) close a school, or (

b) transfer students from one school building to another school building.

(2) A board shall establish, implement and make publicly available policies respecting the actions referred to in subsection (1).

(3) A policy established pursuant to subsection (2) must be consistent with any regulations made by the Minister under this section.

(4) Where a board is considering an action referred to in subsection (1), the board shall, in writing, notify

63 (

a) the parents of every student enrolled in the school that may be affected by the action considered under subsection (1), and (

b) any other person, municipality or community organization who, in the opinion of the board, may be significantly affected.

(5) A policy established pursuant to subsection (2) related to the permanent closure of a school must provide for (

a) adequate opportunity for the public to respond to the board’s proposal to permanently close a school, (

b) a process by which the board shall fairly consider responses provided under clause (a), (

c) consideration of future growth or decline in student enrolment, and (

d) consideration of possible alternative educational or community uses for all or part of the school building.

(6) Where a board decides to close a school permanently, the board shall notify the Minister in writing forthwith and include (

a) the name of the school, and (

b) the effective date of the closure.

(7) This

section does not apply where the Minister directs a board to dispose of a school building pursuant to

section 192.

(8) The Minister may make regulations with respect to the permanent or temporary closure of schools by a board. Education services agreements for First Nations students 63(1) In this section, “Indian” means Indian as defined in the Indian Act (Canada).

(2) The Minister may, by order, establish requirements or standards that apply to education services agreements between a board and (

a) the Government of Canada or an agent of the Government of Canada, or

64 (

b) a council of a band as defined in the Indian Act (Canada), for the education of Indian children.

(3) Where a board enters into an agreement with respect to the education of Indian children pursuant to subsection (1), the agreement must meet the requirements or standards established by the Minister. Division 2 Board Procedures Open meetings 64(1) The meetings of a board must be held in public and no person may be excluded from them except for improper conduct.

(2) The chair of the board may cause to be excluded from a meeting any person who, in the opinion of the chair, is guilty of improper conduct at that meeting.

(3) Notwithstanding subsection (1), when a majority of the trustees present at a meeting of the board are of the opinion that it is in the public interest to hold the meeting or a part of the meeting in private for the purpose of considering any matter, the board may by resolution exclude any person from the meeting.

(4) When a meeting is held in private, the board does not have the power to pass a bylaw or resolution at that meeting except the resolution necessary to revert to an open meeting. Inspection of documents 65(1) At any reasonable time, an elector of a school division may with respect to the board of that school division inspect any one or more of the following items: (

a) the agenda of any public meeting or board meeting; (

b) the minutes of any public meeting or board meeting; (

c) a budget adopted by the board; (

d) a bylaw of the board; (

e) an agreement entered into by the board;

65 (

f) an account of the board; (

g) a financial statement prepared pursuant to a requirement of this Act.

(2) An elector of a school division may request from the board of that school division a copy of any item that the elector is entitled to inspect under subsection (1) and the secretary of the board shall provide or, on request, send the copy of the item to the elector on receiving payment for it at the rate prescribed by the board.

(3) An elector may not inspect a student record or information respecting a particular employee unless that information is included in financial statements of the board prepared under this or any other Act. Requests to provide information 66(1) A board shall provide the Minister in writing with any information the Minister requests.

(2) Subject to

Part 2, Division 2 of the Freedom of Information and Protection of Privacy Act, the Minister may publish or otherwise disseminate any information the Minister receives under subsection (1). Accountability of board 67(1) A board shall develop and implement a reporting and accountability system on any matter the Minister prescribes.

(2) A board shall disseminate any information in the reports and accounts produced under the reporting and accountability system it develops under subsection (1) to students, parents, electors or the Minister in the manner the Minister prescribes.

(3) A board shall use any information in the reports and accounts produced under the reporting and accountability system it develops under subsection (1) in the manner the Minister prescribes. Secretary and treasurer 68 A board shall (

a) appoint a secretary and a treasurer, or one person to act as secretary-treasurer,

66 (

b) immediately notify the Mini ster of the appointment, and (

c) arrange for the bondin g of the treasurer or the secretary-treasurer, as the case may be, in an amount that is reasonable in the circumstances. Regulations 69 The Minister may make regulations (

a) respecting board governance and administrative procedures; (

b) respecting the reporting and accountability requirements for boards for the purposes of

section 67; (

c) respecting the collection, use, disclosure, disposal and destruction of personal information within the meaning of the Freedom of Information and Protection of Privacy Act by the Minister, a board or a person responsible for the operation of a charter school. Division 3 Investigation and Inquiry Investigation 70(1) Where the Minister considers it appropriate, the Minister may appoint a person to investigate into and report to the Minister on (

a) the financial condition, (

b) the administrative condition, or (

c) any other matter connected with the management, administration or operation, of a board, a private school or a person providing an early childhood services program.

(2) The Minister may, on receipt of a report under subsection (1), order an inquiry to be conducted in accordance with

section 71.

67 Inquiry 71(1) Where, in the opinion of the Minister, there is reason to believe that a board is not fulfilling its responsibilities under

section 33, the Minister may appoint a person to conduct an inquiry into the management, administration or operation of the board.

(2) Where, in the opinion of the Minister, there is reason to believe that (

a) a private school is not be ing operated in compliance with this Act and the regulations, (

b) a private school does not have the capacity to deliver an appropriate education program to its students, (

c) students enrolled in a private school are not achieving acceptable educational progress, or (

d) a private school permits courses or programs of study or institutional materials that do not comply with

section 16 to be offered or used at the school, the Minister may appoint a person to conduct an inquiry into the management, administration or operation of the private school.

(3) Where, in the opinion of the Minister, there is reason to believe that a person, other than a board, providing an early childhood services program is failing to comply with this Act and the regulations, the Minister may appoint a person to conduct an inquiry into the management, administration or operation of the early childhood services program.

(4) A person appointed under this

section may examine and take copies of (

a) all records and accounts, (

b) all bank statements, and (

c) any other documents or things, including those in electronic form.

(5) If the Minister so provides, a person appointed under this

section has all the powers, privileges and immunities of a commissioner appointed under the Public Inquiries Act.

(6) The records, accounts, bank statements, documents and things referred to in subsection (4) must be made available to the person appointed by the Minister at the time the person requests them from the person who has custody of them.

(7) A person appointed under this

section shall report to the Minister on the results of the inquiry, and on receipt of the report the Minister may make any order that the Minister considers appropriate. Official trustee 72(1) The Minister may appoint an official trustee to conduct the affairs of a board, subject to any terms and conditions the Minister considers necessary, when (

a) a board fails to comply with an order made under

section 71, or (

b) the Minister considers it in the public interest to do so.

(2) An official trustee appointed under subsection (1) (

a) has the powers and duties conferred by this Act on a board, (

b) is to be remunerated out of the funds of the board or otherwise as the Lieutenant Governor in Council determines, and (

c) with the prior approval of the Minister, has the power to borrow money and pass a bylaw.

(3) On the appointment of an official trustee to conduct the affairs of a board, the members of the board cease to hold office as members of that board.

(4) An official trustee holds office during the pleasure of the Minister. Division 4 Elections and Trustees Procedure for elections, etc. 73 All

69 (

a) general elections, by-elections, polls and plebiscites, (

b) votes on bylaws or money bylaws, and (

c) votes on any other matters or questions held pursuant to this Act are to be governed by this Act and the Local Authorities Election Act. Eligibility 74(1) In addition to the provisions of

section 5 respecting residence, this

section applies to determine whether an individual is a resident of a public school division or a separate school division for the purposes of determining eligibility to vote or to be nominated as a candidate for election as a trustee of a school board under the Local Authorities Election Act.

(2) Subject to subsection (3), for the purposes of subsection (1), an individual is a resident of the school division in which the individual resides.

(3) Where a separate school district is established, an individual residing within the boundaries of the separate school district is a resident of the separate school division if the individual declares that the individual is of the same faith as those who established the separate school district, whether Protestant or Roman Catholic.

(4) Notwithstanding the Local Authorities Election Act, a resident of a separate school division is eligible (

a) to vote for, and (

b) to be nominated as a candidate for election as, a trustee of the board of either the public school division or the separate school division in which the person’s residence is located, but not both. Oath of office 75 Every trustee shall (

a) take and subscribe to the o fficial oath prescribed by the Oaths of Office Act before commencing the trustee’s duties, and

70 (

b) deposit the oath with the secretary of the board. Establishment of wards 76(1) The board of a school division may by bylaw (

a) provide for the nomination and election of trustees by wards or electoral subdivisions and determine the boundaries of the wards or electoral subdivisions, or (

b) provide for the election of trustees by the general vote of the electors.

(2) A bylaw passed under subsection (1) or any bylaw that amends, revokes or replaces it (

a) does not apply to the general election next following the passing of the bylaw unless it is passed before March 1 in the year in which that general election is held, and (

b) does not apply to or affect the composition of the board until the date of the next general election to which the bylaw applies.

(3) A bylaw passed under this

section must, if practicable, provide that the number of trustees to be elected in each ward is in the same proportion to the total number of trustees of the board as the population of the ward is to the population of the school division.

(4) A board shall establish, implement and make publicly available a policy respecting the considerations and process used by the board to determine ward structures.

(5) The Minister may make regulations respecting (

a) the nomination and election of trustees by wards or electoral subdivisions; (

b) the partition of a school division into wards. Board establishment 77(1) For each public school division, the Minister shall by order establish a board, and the members of the board are a corporation with a name in the following form: The Board of Trustees of _____________ School Division.

(2) For each separate school division, the Minister shall by order establish a board, and the members of the board are a corporation with a name in the following form: The Board of Trustees of _____________ Separate School Division. Number of trustees 78(1) The Minister shall specify for each board the number of trustees, being no fewer than 3, to be elected to the board.

(2) The Minister may vary the number of trustees to be elected for each school division. Change of name 79 A board of trustees may, by resolution, change its corporate name to another name that is approved by the Minister. Resignations 80(1) A trustee may resign by submitting the trustee’s written resignation to the secretary of the board at the beginning of a meeting of the board, and the trustee ceases to hold office at that time.

(2) If all the trustees of a board wish to resign at the same time, they may resign by transmitting to the Minister a notice in writing to that effect, and their resignation is effective on the date on which their successors are elected or appointed. Filling vacancies 81(1) If a vacancy occurs on a board of 6 or more trustees, the board shall make provision to fill the vacancy by holding a by-election.

(2) Notwithstanding subsection (1), where a vacancy occurs on a board of 6 or more trustees (

a) during the 2-year period immediately following a general election, a by-election need not be held if there is only one vacancy on the board, and

72 (

b) during the 3rd year fo llowing a general election, a by-election need not be held unless the number of vacancies on the board reduces the board to a number that is less than the quorum of the board plus one.

(3) If a board consists of 5 trustees or fewer, the board shall provide for the filling of all vacancies that occur prior to the last 6 months of the term by holding a by-election.

(4) When the Minister increases the number of trustees on a board, the board shall make provision to fill the new vacancies by holding a by-election unless the increase is made in the 3rd year following a general election. Failure to elect trustee, etc. 82(1) Where 2 attempts to fill a vacancy on a board have been made and no nominations have been put forward, whether as part of a general election or a by-election held in accordance with

section 81, the Minister may, in consultation with the board, appoint a trustee to fill that vacancy.

(2) A person appointed by the Minister under subsection (1) is in the same position as the person would have been had the person been elected under any other provision of this Act. Direction to official trustee to hold by-election 83 When (

a) an official trustee has been appointed under this Act to conduct the affairs and business of a board, and (

b) the Minister considers th at the official trustee has completed the official trustee’s duties, the Minister may direct the official trustee to hold a by-election to fill the vacancies on the board. Appointment of First Nations trustee 84(1) Where a board has entered into one or more education services agreements pursuant to

section 63, (

a) the board, by resolution, or

73 (

b) the Minister, at the request of the board or in consultation with the board and the band, may appoint a trustee to represent First Nations students and parents on the board.

(2) A person appointed by the board or the Minister under subsection (1) is in the same position as the person would have been had the person been elected under any other provision of this Act.

(3) Notwithstanding subsection (2), where a trustee appointed under this

section resigns or is disqualified under

section 87, the board is not required to comply with the obligations set out in

section 81.

(4) A person appointed by the board or the Minister under subsection (1) is in addition to the number of trustees specified by the Minister under

section 78.

(5) The number of trustees appointed to a board under this

section may not exceed 1/3 of the number of trustees specified by the Minister under

section 78 for that board. Division 5 Conflict of Interest and Disqualification Pecuniary interest 85(1) In this Division, (a) “corporation”, “distributing corporation”, “shareholder”, “voting shares”, “voting rights”, “director” and “officer” have the meanings given to them in the Business Corporations Act; (b) “pecuniary interest” means, with respect to a person, an interest in a matter that could monetarily affect (

i) the person, (ii) a corporation, other than a distributing corporation, in which the person is a shareholder, director or officer, (iii) a distributing corporation in which the person beneficially owns voting shares carrying at least 10%

74 of the voting rights attached to the voting shares of the corporation or of which the person is a director or officer, (iv) a partnership or firm of which the person is a member, or (

v) a corporation, partnership, firm, government or person that employs the person; (c) “spouse” means the husband or wife of a married person but does not include a spouse who is living separate and apart from the person if the person and spouse have separated pursuant to a written separation agreement or if their support obligations and family property have been dealt with by a court order.

(2) For the purposes of this Division except

section 86(1), the pecuniary interests of the spouse or adult interdependent partner of a person that are known to the person or of which the person reasonably should know are deemed to be the pecuniary interests of the person.

(3) For the purposes of this Division, a person does not have a pecuniary interest by reason only of any interest that the person may have (

a) as an elector or taxpayer of the school division, (

b) as a parent of a student or a child enrolled in an early childhood services program in the school divisions; (

c) by reason of (

i) the person’s appointment by the board as a director of a company incorporated for the purpose of carrying on business for and on behalf of the board, or (ii) the person’s appointment as the representative of the board on any commission, committee or other body, (

d) with respect to any allowance, honorarium, remuneration or benefit to which the person may be entitled by reason of being a trustee or an employee of a board or by reason of having been appointed by the board to a position described in clause (c),

75 (

e) by reason of the person’s employment by the Government of Canada, the Government of Alberta or a federal or provincial Crown corporation or agency, except with respect to a matter directly affecting the department, corporation or agency of which the person is an employee, (

f) by reason of the person’ s being a member of a credit union, a cooperative or a non-profit organization formed under

an Act of the Legislature or of the Parliament of Canada, (

g) by reason of the person’s having an interest that is an interest in common (

i) with the majority of electors of the school division, or (ii) in respect of a matter that affects only part of the school division, with the majority of electors in that part, or (

h) by reason of an interest that is so remote or insignificant that it cannot reasonably be regarded as likely to influence the person. (4) Subsection (3)(

f) does not apply to a person who is an employee or director of a credit union or cooperative or an employee of a non-profit organization referred to in that clause. Disclosure of information 86(1) Each trustee of a board shall file with the board’s secretary a statement showing (

a) the names and employment information of the trustee and the trustee’s spouse or adult interdependent partner, (

b) the names of the corporations, partnerships, firms, governments or persons in which the trustee has a pecuniary interest, and (

c) the names of the corporations, partnerships, firms, governments or persons in which the trustee’s spouse or

76 adult interdependent partner or children under 18 years of age have a pecuniary interest.

(2) The board’s secretary shall (

a) compile a list of all the names reported on the statements filed with the secretary, and (

b) provide a copy of the list to (

i) all the trustees of the board, and (ii) the officials and empl oyees of the board that the board directs shall receive a copy. Disqualification of trustees 87(1) A person is disqualified from remaining as a trustee of a board if that person (

a) other than a person appoint ed under

section 84(1), ceases to be qualified for nomination as a trustee under the Local Authorities Election Act; (

b) is an auditor or employee of the board for which the person is a trustee; (

c) has breached the code of conduct of the board established under

section 33, where the sanction for the breach under the code of conduct may be determined by the board to be disqualification; (

d) is a party to a subsisting contract for the construction, maintenance or repair of real property over which the board has administration other than a contract for the provision of goods or services in an emergency; (

e) beneficially owns more than 10% of the issued shares of a corporation that has a pecuniary interest in a subsisting contract for the construction, maintenance or repair of real property over which the board has administration other than a contract for the provision of goods or services in an emergency; (

f) has a pecuniary interest in a contract with the board, other than

77 (

i) a contract for the provision of goods or services in an emergency, (ii) a contract for the sale of goods or services to the board at competitive prices by a dealer in those goods or services incidental to and in the ordinary course of the dealer’s business, (iii) a contract of employment with the trustee’s spouse or adult interdependent partner, child, parent or spouse’s or adult interdependent partner’s parent, or (iv) a contract approved by the board pursuant to disclosure; (

g) uses information gained through the person’s position as a trustee of the board to gain a pecuniary benefit in respect of any matter in which the person has a pecuniary interest; (

h) is a judge of a court or a member of the Senate or House of Commons of Canada or of the Legislative Assembly of Alberta; (

i) is absent without being authorized by a resolution of the board from 3 consecutive regular meetings of the board, unless the person’s absence is due to illness and the person provides evidence of that illness in the form of a medical certificate respecting the period of the person’s absence; (

j) is convicted of (

i) an indictable offence punishable by imprisonment for 5 or more years, or (ii) an offence under

section 123 of the Criminal Code (Canada) for which an absolute discharge or pardon has not been granted.

(2) Notwithstanding

section 24 of the Local Authorities Election Act, a trustee of the board who is disqualified under this

section is eligible to be elected at the next general election of trustees to the board if that person is qualified for nomination as a trustee under the Local Authorities Election Act.

78 Disclosure of pecuniary interest 88(1) When a trustee has a pecuniary interest in a matter before the board, any committee of the board or any commission, committee or agency to which the trustee is appointed as a representative of the board, the trustee shall, if present, (

a) disclose the general nature of the pecuniary interest prior to any discussion of the matter, (

b) abstain from voting on any question relating to the matter, (

c) subject to subsection (3), abstain from discussing the matter, and (

d) subject to subsections (2) a nd (3), leave the room in which the meeting is being held until the discussion and voting on the matter are concluded.

(2) If the matter with respect to which the trustee has a pecuniary interest is the payment of an account for which funds have previously been committed, it is not necessary for the trustee to leave the room.

(3) If a trustee is temporarily absent from a meeting when a matter in which the trustee has a pecuniary interest is introduced, the trustee shall, immediately on the trustee’s return to the meeting or as soon afterwards as the trustee becomes aware that the matter has been considered, disclose the general nature of the trustee’s pecuniary interest in the matter.

(4) The abstention of a trustee under subsection (1) and the disclosure of a trustee’s pecuniary interest under subsection (1) or (3) must be recorded in the minutes of the meeting.

(5) If a trustee (

a) has a pecuniary interest in a matter before the board, any committee of the board or any commission, committee or agency to which the trustee is appointed as a representative of the board, and (

b) makes a disclosure of that pecuniary interest in accordance with this section, that trustee is not disqualified from being a trustee by reason of having that pecuniary interest.

79 (6) Subsection (5) does not apply to an interest referred to in

section 87(1)(

d) or (e).

(7) A trustee who contravenes this

section is disqualified from remaining as a trustee of the board. Effect of interest on contract 89 No contract with a board under which a trustee of the board has an interest referred to in

section 87(1)(d), (

e) or (

f) is binding on the board unless (

a) the contract is for the provisi on of goods or services in the case of an emergency, (

b) the contract is for the sale of goods or services to the board or to persons contracting with the board at competitive prices by a dealer in those goods or services incidental to and in the ordinary course of the dealer’s business, (

c) the contract has been approved by the board pursuant to disclosure, or (

d) the contract is a contract of employment with the trustee’s spouse or adult interdependent partner. Resignation on disqualification 90 If a person is disqualified under

section 87 or 88 from remaining as a trustee of the board, the person shall immediately resign. Refusal to resign on disqualification 91 If the person does not resign as required under

section 90, (

a) the board may by resolutio n declare that person to be disqualified from remaining as a trustee and the seat on the board to be vacant, (

b) the board may apply to the Court of Queen’s Bench for (

i) an order determining whether the person is qualified to remain as a trustee, or

80 (ii) an order declaring the person to be disqualified from remaining as a trustee and the seat on the board to be vacant, or (

c) an elector of the school di vision in respect of which the person was elected may apply to the Court of Queen’s Bench for an order declaring the person to be disqualified from remaining as a trustee and the seat on the board to be vacant, by (

i) filing an affidavit showing reasonable grounds for believing that the person never was or has ceased to be qualified as a trustee of the board, and (ii) paying into court the sum of $250 as security for costs. Appeal of board’s resolution 92(1) Where a person is declared under

section 91(

a) to be disqualified from remaining as a trustee, that person may apply to the Court of Queen’s Bench for an order declaring the person to be qualified to remain as a trustee.

(2) Where a person (

a) is declared under

section 91(

a) to be disqualified from remaining as a trustee, and (

b) makes an application to the Court under subsection (1), that person remains disqualified unless the Court otherwise orders.

(3) An application under this

section must be made within 30 days from the date that the resolution was passed under

section 91(a).

(4) On hearing an application and any evidence, whether oral or by affidavit, that the Court requires, the Court may make an order, with or without costs, (

a) declaring the person to be qualified to be a trustee, and (

i) reinstating the person as a trustee for any unexpired portion of the term of office for which th

Document details

Collection	Alberta — Bills
Citation	L28 S1 11473
Type	bill
Volume / chapter	L28 S1 11473
Language	en
Format	json
Source	PROVINCIAL
Identifier	55aaf94faa3b68aae6fae2df20a437770b7ecbd6

Source file is stored in the law ingest library (json).