1988 BILL 27 Third Session, 21st Legislature, 37 Elizabeth II THE LEGISLATIVE ASSEMBLY OF ALBERTA BILL 27 SCHOOL ACT THE MINISTER OF EDUCATION First Reading Second Reading Committee of the Whole Third Reading Royal Assent Title: 1988 (21st, 3rd) Bill 27, School Act

Bill 27 BILL 27 1988 SCHOOL ACT (Assented to , 1988) Table of Contents

Interpretation 1 Limitations 2

Part 1 Students Right of access to education 3 Language of instruction — English 4 Language of instruction — French 5 Other languages of instruction 6 Students 7 Compulsory education 8 Enforcing school attendance 9 Attendance at school 10 Liability for damage to property by student 11

Part 2 Schools Division 1 Schools Operated by a Board Application of Division 12 Teachers 13 Principals designated 14 Principals 15 Alternative programs 16 School councils 17 Student records 18 Suspension and expulsion of students 19 Flags 20 Prohibited activities 21 Division 2 Other Schools Private schools 22 Home education program 23 Early childhood services program 24 Division 3 General Courses, programs, etc. 25 Inspections 26 1

Part 3 School Boards Division 1 Provision of Educational and Associated Services Resident student 27 Responsibility to resident students 28 Special education program 29 Special Needs Tribunal 30 School operated by another board 31 Tuition fees 32 Religious and patriotic instruction 33 Transportation 34 Transport by parent 35 Maintenance allowance 36 Work experience programs 37 Continuing education 38 Health services 39 School day and year 40 Emergency closure of school building 41 Closure of schools, etc. 42 Division 2 Operation and Management Powers of separate school boards 43 Powers of boards 44 Delegation of power 45 Agreements 46 Joint committees, etc. 47 Organizational meeting 48 Chairman 49 Regular meetings 50 Special meetings 51 Procedure 52 Readings of by-law 53 Open meetings 54 Quorum 55 Voting on question 56 Required votes 57 Records 58 Inspection of documents 59 Oath of office 60 Regulations 61 Division 3 Conflict of Interest Pecuniary interest 62 Disclosure of information 63 Disqualification of trustees 64 Disclosure of pecuniary interest 65 Effect of interest on contract 66 Resignation on disqualification 67 Refusal to resign on disqualification 68 Appeal of board’s resolution 69 Hearing of application 70 Dismissal of application for disqualification 71 Appeal of declaration of disqualification 72 Reimbursement 73 2

Part 4 Employment Division 1 Teachers Qualifications re employment 74 Qualifications re supervisory position 75 Acting principal 76 Supervisory, administrative and consultative positions 77 Contracts of employment 78 Probationary contract 79 Continuing contract 80 Substitute teachers 81 Temporary contract 82 Interim contract 83 Part-time contract 84 Transfer of teacher 85 Suspension of teacher 86 Termination of contract 87 Termination by board 88 Termination by teacher 89 Notice of termination 90 Termination of designation 91 Salaries 92 Unqualified teachers 93 Division 2 Non-teaching Employees Superintendent of schools 94 Regulations 95 Secretary and treasurer 96 Other non-teaching employees 97 Division 3 General Medical examination 98 Labour relations 99 Trustees 100 Employee contracts 101 Return of property on ceasing to hold office 102

Part 5 Appeals Division 1 Appeals Concerning Student Matters Appeal to board 103 Review by the Minister 104 Powers on review 105 Committees, tribunals, etc. 106 Assistance to the Minister 107 Division 2 Attendance Board Duties of Board 108 Matters governing hearings 109 Order of Board , 110 Establishment of Board 111 Sitting in panels 112 3

Division 3 Board of Reference Board 113 Appeal 114 Notice of appeal 115 Appeal referred to Board 116 Investigation 117 Hearing 118 Appeal from suspension 119 Order of Board 120 Irregularities in notice of appeal 121 Costs 122 Deposit 123 Enforcement of order 124

Part 6 Finance Division 1 General Auditor 125 Financial reporting 126 Auditor’s report 127 Examination of auditor’s report 128 Report to Minister 129 Application of funds 130 Division 2 Assessment of Property Assessment 131 Property owned by individuals 132 Interfaith marriages 133 List of separate school district residents 134 Notice by property owner 135 Assessment notice re corporation 136 Corporate shareholder 137 Corporate member 138 Evidence 139 Effect of notice 140 Assessment of corporation 141 Property owned by corporations 142 Property owned by municipality 143 Property owned by Province 144 Property owned by Canada 145 Requirement to give notice 146 Equalized assessment 147 False statement re assessment 148 Offence 149 Division 3 Requisitions Calculation of requisition 150 Submission of requisition 151 Hamlet 152 Statement to boards by municipality 153 Copy of assessment role 154 Payment of requisition 155 Interest 156 4

Division 4 School Foundation Program Fund Fund continues 157 Payment into the Fund 158 Default 159 Payment from the Fund 160 Collecting boards 161 Effect of cessation of services 162 Division 5 Levying and Collecting Taxes by a Board Definition 163 Authorization to levy and collect taxes 164 Collecting board 165 Exemption 166 Division 6 Borrowing Borrowing other than by debenture 167 Debenture borrowing 168 Petition for poll 169 Debenture by-laws 170 Authority for borrowing 171 Defeated by-law 172 Issuing of debentures 173 Countersigning of debentures 174 Void borrowing 175 Loan on debentures limited 176 Validity of debentures 177 Use of unexpended debenture proceeds 178 Improper application of money borrowed 179 Liability of trustees 180 Enforcement of liability of trustees 181

Part 7 Property Division 1 General Real and personal property 182 Acquisition of property 183 Joint property 184 Construction of buildings other than school buildings 185 Expropriation 186 Disposition of property 187 Regulations 188 Division 2 School Buildings Board Establishment of Board 189 Approval 190 School building projects 191 Approval of project 192 Regulations 193 5

Part 8 Creation, Dissolution and Alteration of Districts, Divisions and Boards Division 1 Establishment and Dissolution of Public School Districts and Divisions Establishment of district 194 Establishment of division 195 Effect of establishment 196 Rearrangement 197 Effect on town or village 198 Division 2 Establishment and Dissolution of Separate School Districts

Definitions 199 Right to establish separate schools 200 Petition for establishment 201 Calling of meeting 202 Notice of meeting 203 Conduct of meeting 204 Notification to Minister 205 Establishment of a district 206 Effect of establishment 207 Dissolution 208 Division 3 Boundaries and Alterations Alteration of name or number 209 Addition of land 210 Dissolution by Minister 211 Adjustment of assets and liabilities 212 Transfer of teachers 213 Publication of order 214 Boundaries 215 Restriction re alteration of boundaries 216 Division 4 Board of Trustees Establishment 217 Number of trustees 218 Change of name 219 Failure to elect trustee, etc. 220 Resignations 221 Filling vacancies 222 Official trustee 223

Part 9 General Procedure for elections, etc. 224 Election for trustees 225 Petition 226 Presentation of petition to board 227 Determination of a petition’s sufficiency 228 Insufficiency of a petition 229 Appeal re insufficiency 230 Petition calling for vote 231 Petition calling for public meeting 232 Notice of public meetings 233 6

Public notice 234 Alteration of time limits 235 Residence 236 Delegation of Minister’s power 237 Enforcement of judgment 238 Forms 239 Penalty 240 Penalty for failure to give information 241 Enforcement by Court 242 Labour Relations Act 243

Part 10 Transitional, Consequential, Repeal and Commencement Continuation of boards, trustees, etc. 244 Consequential 245-253 Repeal 254 Coming into force 255

Schedule

PreambleWHEREAS the best educational interests of the student are the par­ amount considerations in the exercise of any authority under this Act; and

WHEREAS parents have a right and a responsibility to make deci­ sions respecting the education of their children; and

WHEREAS there is one publicly funded system of education in Alberta whose primary mandate is to provide education programs to students through its two dimensions, the public schools and the sep­ arate schools; and

WHEREAS the education community in making decisions should consider the diverse nature and heritage of society in Alberta within the context of its common values and beliefs; THEREFORE HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta, enacts as follows:

Interpretation1(1) In this Act, (a) “Attendance Board” means an Attendance Board appointed under

section 111; (b) “board” means a board of trustees of a district or division or, subject to the County Act, a board of education of a county under that Act; (c) “district” means a school district established pursuant to this Act or any predecessor Act or Ordinance; (d) “division” means a school division established pursuant to this Act or any predecessor Act; (e) “early childhood services program” means an education pro­ gram provided pursuant to

section 24; (f) “elector” means an elector as defined in the Local Authorities Election Act; (g) “home education program” means an education program provided pursuant to

section 23; 7

(h) “independent student” means a student who is (i) 18 years of age or older, or (ii) 16 or 17 years of age or older and (

A) living independently, or (

B) living pursuant to a support agreement under the Child Welfare Act; (i) “Indian” means an Indian as defined in the Indian Act (Can­ ada); (j) “Minister” means the Minister of Education; (k) “municipality” means a city, town, village, municipal district, county, new town, improvement district, special area or summer village; (l) “parent” means, in respect of a student, the relevant individ­ ual under subsection (2) unless otherwise specified; (m) “principal” means a teacher designated as a principal or act­ ing principal under this Act; (n) “private school” means a school registered under

section 22; (o) “public school district” means a public school district estab­ lished pursuant to this Act or any predecessor Act or Ordinance; (p) “resident student” means a resident student as determined in accordance with

section 27; (q) “school” means a structured environment through which an education program is offered to a student by (

i) a board, (ii) an operator of a private school, (iii) an early childhood services program private operator, (iv) a parent giving a home education program, or (

v) the Minister, but does not include a school operated under the authority of the Government of Canada; (r) “school building” means a building used for the instruction or accommodation of students that is owned or occupied by (

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

i) the purchase, erection, relocation, renovation, furnishing or equipping of, (ii) the making of structural changes in, or (iii) the addition to or extension of, a school building; 8

(t) “school jurisdiction” means a board, a county council, the Lloydminster Public School District, the Lloydminster Roman Catholic Separate School District or the council of a city or town operating under the Municipal and School Administration Act; (u) “separate school district” means a separate school district established pursuant to this Act or any predecessor Act or Ordi­ nance; (v) “special education program” means an education program re­ ferred to in

section 29; (w) “student” means an individual who is (

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

section 8 to attend school; (x) “teacher” means an individual who holds a certificate of qualification as a teacher issued under the Department of Edu­ cation Act; (y) “trustee” means a member of a board; (z) “unorganized territory” means any area in Alberta that is not included within a district, a division or a county.

(2) For the purposes of this Act, the parent of a student is (

a) the biological parent or, if the child is an adopted child, the adoptive parent, (

b) notwithstanding clause (a), if the student’s biological or adop­ tive parent resided in Alberta and has changed his residence so that it is outside Alberta or unknown, the individual who has care and custody of the student as a result of the change, (

c) notwithstanding clauses (

a) and (b), the individual who has custody of the student under (

i) a court order, or (ii) a written agreement made pursuant to a statute governing custody of the student, if the individual notifies the board in writing of his custody, (

d) notwithstanding clauses (

a) to (c), the guardian of the student appointed under (

i) a temporary or permanent guardianship order under the Child Welfare Act, (ii) a written agreement made pursuant to the Domestic Re­ lations Act, or (iii) an order of a court, if the guardian notifies the board in writing of his appointment, or (

e) notwithstanding clauses (

a) to (d), the Solicitor General if the student is in custody under the Corrections Act, the Penitentiary Act (Canada), the Young Offenders Act or the Young Offenders Act (Canada). 9

(3) An independent student is entitled to exercise all the rights and powers and receive all the benefits under this Act with respect to himself that his parent is otherwise entitled to exercise or receive and his parent shall not exercise those rights and powers or receive those benefits. Limitations2 The exercise of any right or the receipt of any benefit under this Act is subject to those limitations that are reasonable in each circum­ stance under which the right is being exercised or the benefit is being received.

PART 1 STUDENTS Right of access to education 3(1) Every individual (

a) who at September 1 in a year is 6 years of age or older and younger than 19 years of age, and (

b) who is (

i) a Canadian citizen, (ii) lawfully admitted to Canada for permanent residence, (iii) a child of a Canadian citizen, or (iv) a child of an individual who is lawfully admitted to Can­ ada for permanent or temporary residence is entitled to have access in that year to an education program in accordance with this Act.

(2) A board may permit an individual (

a) who at September 1 in a year is younger than 6 years of age or older than 18 years of age, and (

b) who complies with subsection (1)(b), to have access in that year to an education program in accordance with this Act. Language of instruction — English 4 Every student is entitled to receive school instruction in English. Language of instruction — French 5(1) If an individual has rights under

section 23 of the Canadian Charter of Rights and Freedoms to have his children receive school instruction in French, his children are entitled to receive that instruc­ tion in accordance with those rights wherever in the Province those rights apply.

(2) The Lieutenant Governor in Council may make regulations re­ specting anything that may be required to give effect to subsection (1). Other languages of instruction 6(1) A board may authorize the use of French or any other language as a language of instruction.

(2) The Minister may make regulations governing the provision of instruction in any language authorized under subsection (1). 10

Students7 A student shall conduct himself so as to reasonably comply with the following code of conduct: (

a) be diligent in pursuing his studies; (

b) attend school regularly and punctually; (

c) co-operate fully with everyone authorized by the board to provide education programs and other services; (

d) comply with the rules of the school; (

e) account to his teachers for his conduct; (

f) respect the rights of others. Compulsory education 8(1) An individual who (

a) is eligible to be enrolled in a school, and (

b) at September 1 in a year is 6 years of age or older and younger than 16 years of age, shall attend a school.

(2) A resident student of a board, unless otherwise permitted under this Act or by the board, shall attend the school that the board directs the student to attend.

(3) Notwithstanding subsection (1), a student is excused from attend­ ing 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, (

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 been given permission to enroll in another school, or (

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

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

(4) Where a student is excused from attendance at school under sub­ section (3)(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 9(1) In this section, (a) “attendance officer” means the superintendent or any other individual designated by the board as an attendance officer; (b) “judge” means a judge of the Provincial Court; 11

(c) “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 8, 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 (3), a dwelling place, where he has reason to believe the student may be found or employed; (

b) send the student he suspects of being truant 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 as required under this Act is located in a place or premises, including a dwell­ ing place, or (

b) a student does not comply with a proper direction given by an attendance officer, 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: (

c) 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 prem­ ises without force and search for the student; (

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

(4) 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 10(1) Where (

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

section 8 does not attend school, and (

b) attempts to enforce school attendance under

section 9 have, in the opinion of the board, not been effective, 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. 12

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

section 8 (

a) is enrolled in a private school, and (

b) does not regularly attend that private school, the person responsible for the operation of that private school shall refer the matter to the Attendance Board. Liability for damage to property by student 11(1) If property of a board is destroyed, damaged, lost or converted by the intentional or negligent act (

a) of 1 student, the student and his parent are jointly and sev­ erally liable to the board in respect of the act of the student, or (

b) of 2 or more students acting together, the students and their parents are jointly and severally liable to the board in respect of the act of the students. (2) Subsection (1) does not apply to the parent of an independent student.

PART 2 SCHOOLS Division 1 Schools Operated by a Board Application of Division 12 This Division applies only to schools operated by a board. Teachers13 A teacher while providing instruction or supervision must (

a) provide instruction competently to students; (

b) teach the courses of study and education programs that are prescribed, approved or authorized pursuant to this Act; (

c) promote goals and standards applicable to the provision of education adopted or approved pursuant to this Act; (

d) encourage and foster learning in students; (

e) regularly evaluate students and periodically report the results of the evaluation to the students, the students’ parents and the board; (

f) maintain, under the direction of the principal, order and dis­ cipline among the students while they are in the school or on the school grounds and while they are attending or participating in activities sponsored or approved by the board; (

g) subject to any applicable collective agreement and the teach­ er’s contract of employment, carry out those duties that are as­ signed to the teacher by the principal or the board. Principals designated14(1) A board that operates 1 or more schools shall designate a number of teachers as principals.

(2) The board shall assign a principal to each school. 13

(3) The board may assign a principal to be a principal of more than 1 school. Principals15 A principal of a school must (

a) provide instructional leadership in the school; (

b) ensure that the instruction provided by the teachers em­ ployed in the school is consistent with the courses of study and education programs prescribed, approved or authorized pursuant to this Act; (

c) evaluate or provide for the evaluation of programs offered in the school; (

d) direct the management of the school; (

e) maintain order and discipline in the school and on the school grounds and during activities sponsored or approved by the board; (

f) promote co-operation between the school and the community that it serves; (

g) supervise the evaluation and advancement of students; (

h) evaluate or provide for the evaluation of the teachers em­ ployed in the school; (

i) subject to any applicable collective agreement and the prin­ cipal’s contract of employment, carry out those duties that are assigned to the principal by the board. Alternative programs 16(1) In this section, “alternative program” means an education pro­ gram that (

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

b) uses a particular teaching philosophy, but that is not (

c) a special education program, (

d) a program referred to in

section 5, or (

e) a program of religious education offered by a separate school board.

(2) If a board determines that there is sufficient demand for a partic­ ular alternative program, the board may offer that program to those students whose parents enroll them in the program.

(3) A board that offers an alternative program shall continue to offer the regular education program to those students whose parents do not enroll them in the alternative program.

(4) If a parent enrolls a student in an alternative program, the board may charge that parent fees 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 pro­ gram, and 14

(

b) are in addition to the costs incurred by the board in providing its regular education program. School councils17(1) Parents of students attending a school may establish a school council for that school.

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

(3) A school council may (

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

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

(4) The parents of students attending a school may dissolve the school council of that school in accordance with rules made under this sec­ tion respecting the dissolution of the school council.

(5) The board shall make rules respecting the establishment of a school council, the election of members and the dissolution of the school council.

(6) A school council may, subject to any rules made under this sec­ tion, make by-laws governing its meetings and the business and con­ duct of its affairs. Student records18(1) A board shall establish and maintain pursuant to the regula­ tions a student record for each student registered in its schools.

(2) Subject to subsection (3), (

a) if a student is younger than 16 years of age, his parent, (

b) if a student is 16 years of age or older, his parent and the student, or (

c) if an individual has access to the student under an order made under the Divorce Act (Canada), that individual may review the student record maintained in respect of that student.

(3) Where a student record contains (

a) a test, a test result or an evaluation of a student that is given by a person who has a recognized expertise or training in respect of that test or evaluation, or (

b) information relating to a test, test result or evaluation re­ ferred to in clause (a), the individuals referred to in subsection (2) are entitled, subject to subsection (4), (

c) to review that test, test result, evaluation or information, and (

d) to receive from a person who is competent to explain and interpret it an explanation and

interpretation of the test, test re­ sult, evaluation or information.

(4) An individual referred to in subsection (2) is entitled to review the test, test result, evaluation or information referred to in subsec­ tion (3) only at a time when a person who is competent to explain 15

and interpret the test, test result, evaluation or information is avail­ able to provide him with an explanation and

interpretation of that test, test result, evaluation or information.

(5) A board, as soon as practicable after it receives a request from an individual referred to in subsection (2) for an opportunity to re­ view a record to which subsection (3) applies, shall ensure that a person who is competent to explain and interpret the test, test result, evaluation or information is available to provide an explanation and

interpretation of that test, test result, evaluation or information.

(6) A person who contributes information to a student record is ex­ empt from any liability with respect to the provision of that infor­ mation if that person, in providing that information, (

a) acted in good faith, (

b) acted within the scope of his duties and responsibilities, and (

c) did not act in a negligent manner.

(7) If, on examining a student record, a person is of the opinion that the student record contains inaccurate or incomplete information, that person may request the board to rectify the matter.

(8) The Minister may make regulations respecting student records. Suspension and expulsion of students 19(1) In this section, “suspend” has the meaning given to it in the rules made by the applicable board.

(2) Subject to the rules of a board, (

a) a teacher may suspend a student from a class period, (

b) a principal may suspend a student from (i) 1 or more class periods, (ii) 1 or more courses or school programs, (iii) school, (iv) riding on a school bus, or (

v) participating in an activity sponsored or approved by the board, and (

c) a principal may reinstate a student suspended by him or by a teacher.

(3) When a principal suspends a student, the principal shall (

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

b) report in writing to the student’s parent all the circumstances respecting the suspension.

(4) If a student is not to be reinstated within 5 school days from the date of his suspension, the principal shall (

a) forthwith inform the board of the suspension, and (

b) report in writing to the board all the circumstances of the suspension together with the principal’s recommendations. 16

(5) On receiving a report from a principal pursuant to subsection (4), the board shall, within 10 school days from the first day of the sus­ pension, reinstate or expel the student.

(6) Prior to a board’s making a decision under subsection (5), the parent of the suspended student and the suspended student may make representations to the board with respect to the suspension.

(7) A board may re-enroll a student who has been expelled.

(8) If a student is expelled, the board shall notify, in writing, the parent and, in the case of a student who is 16 years of age or older, the student of their right to have the matter reviewed by the Minister. Flags 20 The principal of a school shall ensure that the Canadian flag and the Alberta flag are displayed at the school. Prohibited activities 21(1) No person shall (

a) disturb or interrupt the proceedings of a school, (

b) disturb or interrupt the proceedings of a school meeting or board meeting, or (

c) loiter or trespass in a school building or on property owned by a board.

(2) No person shall canvass, sell or offer to sell goods, services or merchandise to a teacher or a student in a school without the prior approval of the board. Division 2 Other Schools Private schools22(1) A school is entitled to be registered as a private school if the operator applies to the Minister and the Minister is satisfied that (

a) the school will provide a program of studies that complies with any orders made under

section 25(1)(d), (

b) the school will meet the standards of student achievement and achievement testing acceptable to the Minister, (

c) the operator agrees to regular evaluation and monitoring by the Minister, and (

d) the school meets and will continue to meet all local and prov­ incial health, safety and building standards.

(2) A private school is entitled to be accredited as an accredited private school if (

a) the Minister approves the education program and any mod­ ification of it offered at the school, and (

b) the Minister is satisfied that (

i) the operator of the private school continues to meet the requirements under subsection (1), (ii) 7 or more students from 2 or more families are enrolled and continue to be enrolled in the school, and 17

(iii) individuals whose qualifications are approved by the Minister are employed to teach at the school.

(3) The Minister may cancel or suspend the registration or accredi­ tation of a private school (

a) if the operator of the school does not comply, in the case of a private school, with subsection (1) and, in the case of an ac­ credited private school, with subsections (1) and (2), or (

b) if in the opinion of the Minister, the students at the school are not achieving acceptable educational progress.

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

(5) If a person operates as a private school a school that is not reg­ istered under subsection (1) or in respect of which the registration has been cancelled or suspended, the Minister may by originating notice 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 suspended or cancelled, as the case may be.

(6) The Minister may make regulations respecting private schools. Home education program 23(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 (

b) is under the supervision of a board.

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

(3) The Minister may make regulations respecting home education. Early childhood services program 24(1) A board or, with the approval of the Minister, a person may provide an early childhood services program to (

a) a child who is too young to be a student, if the parent of the child agrees, or (

b) a student, if the parent of the student and the board of which the student is a resident student are of the opinion that the pro­ gram will benefit the student.

(2) Notwithstanding

section 32, a person or board that provides early childhood services may charge the parent of a child attending the program fees in respect of the program.

(3) The Minister may make regulations respecting early childhood services programs. 18

Division 3 General Courses, programs, etc. 25(1) The Minister may by order do the following: (

a) prescribe courses of study, including the amount of instruc­ tion time, and authorize education programs and instructional materials for use in schools; (

b) approve any course, education program or instructional ma­ terial that is submitted to the Minister by a board or another operator of a school for use in schools; (

c) subject to the rights of a board to provide religious instruc­ tion, prohibit the use of a course, education program or instruc­ tional material in schools; (

d) adopt or approve goals and standards applicable to the pro­ vision of education in Alberta.

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

(3) The Minister may make regulations (

a) governing the evaluation and inspection of teachers; (

b) governing the granting of credits, certificates and diplomas; (

c) respecting the examination and evaluation of students by the Minister, including appeals, fees and the payment of remunera­ tion. Inspections26(1) The Minister may authorize a person to inspect and evaluate teachers, schools, the operations of school districts and divisions, education programs, instructional materials or school buildings.

(2) A person authorized to make an inspection and evaluation under subsection (1) may include in his inspection an examination of the achievement of students and of the policies, procedures, books and records of a school jurisdiction.

(3) A person authorized to make an inspection and evaluation under subsection (1) may enter a school building and any part of a school building for the purpose of conducting the inspection and evaluation.

PART 3 SCHOOL BOARDS Division 1 Provision of Educational and Associated Services Resident student27(1) Subject to this section, a student is a resident student of the board of the district or division, as the case may be, in which the student’s parent resides.

(2) For the purposes of this

section and

section 34, a student who is the subject of a temporary or permanent guardianship order under the Child Welfare Act is deemed to be a resident student of the board of the district or division in which any foster parent in whose care the student is placed resides.

(3) Subject to this section, every individual is a resident of a public school district or division. 19

(4) Where a separate school district is established, an individual re­ siding within the boundaries of the separate school district who is of the same faith as those who established that district, whether Prot­ estant or Roman Catholic, (

a) is a resident of the separate school district, and (

b) is not a resident of the public school district.

(5) A student who is not the subject of a guardianship order under the Child Welfare Act but who is placed in the care of a foster parent pursuant to that Act is a resident student of a separate school board if (

a) the faith of the student, whether Protestant or Roman Cath­ olic, differs from the faith of the foster parent, (

b) the foster parent resides in an area served by the separate school district, and (

c) a director under the Child Welfare Act determines that the student is of the same faith as those who established the separate school district.

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

a) a student who resides in unorganized territory and who is not an Indian residing on a reserve pursuant to the Indian Act (Can­ ada); (

b) a student in custody under the Corrections Act, the Peniten­ tiary Act (Canada), the Young Offenders Act (Canada) or the Young Offenders Act; (

c) a student (

i) who (

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

B) has a guardian appointed, under the Child Welfare Act, and (ii) who resides in an institution that is operated or approved by the Government; (

d) a student who is under long term medical care in an institu­ tion that is under the control, direction or administration of the Government.

(7) If both parents have care and custody of a student and each parent is a resident of a different school district or division, as the case may be, (

a) the parents shall choose one of those school districts or divi­ sions, (

b) the student is a resident student of the board of the chosen district or division, and (

c) the student shall attend the school he is directed to attend by the board of the chosen district or division. 20

(8) If the parents referred to in subsection (7) do not choose a district or division under subsection (7), the Minister shall designate the board of a district or division of which one parent is a resident as the board of which the student is a resident student.

(9) Notwithstanding

section 236(c), if the residence of a student changes after the commencement of a school year, the parent of that student shall designate the student to be a resident student of one of the following for the balance of that school year: (

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

b) the board of the district or 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.

(10) If a parent of a student dies and, as a result of the death, the student no longer has a living parent who is a resident of the school district of whose board the student is a resident student, the student may remain a resident student of that board notwithstanding subsec­ tions (1) to (9).

(11) If there is a dispute as to the number of resident students of a board, the Minister may determine the number or the method to be used to calculate the number. Responsibility to resident students 28(1) A board shall provide to each of its resident students an edu­ cation program consistent with the requirements of this Act and the regulations and, for the purposes of providing the education program to the student, the board shall (

a) enroll the student in a school operated by the board, or (

b) direct the student to attend (

i) a school operated by another board or the Government, (ii) a school operated by a school board in or a government of another jurisdiction, (iii) a private school accredited under

section 22, or (iv) a school or institution approved by the Minister and pay the fees of and costs consequent to the student’s attend­ ing that school or institution.

(2) Where (

a) a board is willing to provide an education program to a resi­ dent student as required under subsection (1), and (

b) the parent of that student wishes to send the student to a school other than a school (

i) operated by the board, or 21

(ii) that the board directed the student to attend under sub­ section (1)(b), the board may, subject to subsection (7), provide all, part or none of the funds necessary for placing the student in a school chosen by the parent.

(3) Where a board directs a student under subsection (1)(b)(

i) or (ii) to attend a school that is not operated by the board, the board shall ensure that the board or the school board in another jurisdiction that operates the school that the student is directed to attend is able to accept the student.

(4) Where (

a) a board directs a student under subsection (1)(b)(

i) to attend a school, and (

b) the board that operates the school that the student is directed to attend has sufficient facilities and resources to accept that stu­ dent, the board that operates the school that the student is directed to attend shall accept that student in its school.

(5) If a student is a resident student of the Government, the Minister must make arrangements for that student to receive an education program.

(6) The Minister may enter into an agreement with a board or any other person operating a school to provide education programs to resident students of the Government.

(7) Subject to a decision of the Minister under

section 105, a board is not required to provide any funds for the purpose of placing a student in a private school unless the board has given its approval to the student’s being placed in the private school prior to the stu­ dent’s being registered in that private school. Special education program 29(1) A board may determine that a student is, by virtue of the student’s behavioral, communicational, intellectual or physical char­ acteristics, or a combination of those characteristics, a student in need of a special education program.

(2) A student who is determined by a board to be in need of a special education program is entitled to have access to a special education program.

(3) Before a board places a student in a special education program it shall (

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

b) where appropriate, consult with the student. Special Needs Tribunal30(1) A board may determine that a student has special needs that cannot be met in an education program that can be provided by the board under

section 28.

(2) If a board makes a determination under subsection (1) in respect of a student, the board shall refer the matter to a Special Needs Tribunal, which shall confirm the board’s determination or deter- 22

mine 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 Special Needs Tribunal confirms the determination of a board under subsection (1), it shall develop or approve a special needs 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 ser­ vices required under the special needs plan, and (

b) apportion the cost of providing the services required under the special needs plan between the board and the Government.

(4) If a Special 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 deter­ mination has been made under subsection (1) shall comply with de­ cisions and determinations made by a Special Needs Tribunal under this section.

(6) A decision made by a Special Needs Tribunal under subsection (3) or this subsection shall be reviewed by the same or any other Special Needs Tribunal at least every 3 years after the decision is made until the student is no longer entitled to have access to an education program under this Act.

(7) The Minister may establish 1 or more Special Needs Tribunals for the purposes of this section.

(8) For the purposes of carrying out its powers under this section, a Special Needs Tribunal and each of its members have the powers of a commissioner under the Public Inquiries Act. School operated by another board 31(1) A parent of a student may apply to a board of which the student is not a resident student for permission for the student to attend a school operated by the board.

(2) A board shall enroll a student whose parent applies under sub­ section (1) if (

a) the board has sufficient facilities and resources to accept the student in a school operated by the board, and (

b) it is agreed that (

i) the board of which the student is a resident student, (ii) the student’s parent, (iii) the student, or (iv) the Minister, in the case of a resident student of the Gov­ ernment, will pay the fees authorized under this Act. 23

(3) Where (

a) an application is made under subsection (1) for the admission of a student to a school operated by a board of a district or division adjacent to the district or division of the board of which the student is a resident student, and (

b) the school was, prior to a change in a boundary made under

section 197 or 210, operated by the board of which the student was a resident student prior to the boundary change, the Minister may direct that the board of which the student is a resident student pay to the board to which the application is made all or some of the fees authorized by this Act with respect to that student in accordance with any terms or conditions that the Minister may prescribe. Tuition fees32(1) A board shall not charge any tuition fees in respect of the attendance of its resident students at a school operated by the board.

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

(3) A tuition fee charged under subsection (2) shall not exceed the amount of the net average local cost per student of maintaining the education program in which the student is enrolled. Religious and patriotic instruction 33(1) A board may (

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

b) prescribe religious exercises for its students; (

c) prescribe patriotic instruction to be offered to its students; (

d) prescribe patriotic exercises for its students; (

e) permit persons other than teachers to provide religious in­ struction to its students.

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

a) to leave the classroom or place where the instruction or ex­ ercises 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 exercise. Transportation34(1) A board shall provide for the transportation of a resident stu­ dent of that board to and from the site of the school that the board has directed the student to attend if the parent of the student resides at a distance greater than 4.8 kilometres from the site of that school.

(2) The board shall be deemed to have complied with subsection (1) when transportation is provided on a route that is not more than 2.4 kilometres from the residence of the student’s parent. 24

(3) A board may charge the parent of a student receiving transpor­ tation provided pursuant to subsection (1) any fee as determined by the board.

(4) In computing distances for the purposes of this section, (

a) the official survey made under any Act of Canada or the Legislature relating to surveys shall be accepted as final and con­ clusive and all sections shall be deemed to be 1.6 kilometres square and no more, (

b) the width of road allowances shall be excluded from the com­ putation, and (

c) the distance of a residence from a school or from a bus route shall be the shortest distance measured along a travelled road or public right of way between the boundary of the school site or the bus route, as the case may be, and the nearest boundary of the quarter

section or lot on which the student’s parent resides. Transport by parent 35(1) A board may, instead of providing transportation under sec­ tion 34, enter into an agreement with the parent of the student under which the parent will (

a) convey the student to and from school or the bus route, and (

b) receive, in accordance with the rules of the board, payment for providing that service.

(2) A board is not under any liability to the parent of a student or to a student for negligence arising out of the student’s being conveyed to and from a school or bus route pursuant to an agreement made under this section. Maintenance allowance 36 If a student is directed by a board to attend a school and as a result of attending that school the student is unable to live in his parent’s residence, the board shall pay a maintenance allowance in respect of that student in an amount prescribed by the board. Work experience programs 37(1) A board may approve a work experience program for its stu­ dents to attend.

(2) Subject to the regulations, a board may enter into an agreement with a person to provide a place of work and facilities for students who are attending a work experience program.

(3) When a board directs a student to attend a work experience pro­ gram, it shall obtain the consent of (

a) the student’s parent or, in the case of a student who is 16 years of age or older, the student, and (

b) the Minister.

(4) For the purposes of

section 8, a place of work or facility shall be deemed to be a school during the time the student is in the place or facility under the work experience program. Continuing education38(1) A board, in addition to its obligation to provide courses and education programs to its resident students under this Act, may de­ velop or provide courses to any person on any subject. 25

(2) A board shall employ teachers in accordance with

section 74 to provide instruction in courses provided under this

section that con­ form with the courses of study prescribed under

section 25, and may employ any person to provide instruction in other courses provided under this section.

(3) When a board provides a course under this section, the board shall ensure that the course does not interfere with normal school operation.

(4) Notwithstanding

section 32, a board may charge a student regis­ tered in a course provided by it under this

section any fees it consid­ ers appropriate, but it may not require a resident student of the board to pay a fee for a course he is directed to take by the board.

(5) Any person may apply to a board to register in a course provided under this

section and the board may in its discretion accept or refuse the applicant.

(6) Where (

a) a board provides a course under this section, (

b) a person registers in the course referred to in clause (a), and (

c) the person referred to in clause (

b) is not otherwise a resident student of the board that provides the course, that person is not, by reason of being registered in that course, (

d) a resident student of that board, or (

e) entitled to any of the rights or benefits given to a student under this Act. Health services39 A board shall provide the students attending its schools with those health services that the board considers necessary. School day and year 40(1) A board shall specify the following: (

a) the school opening date; (

b) the number and the days of school operation; (

c) the length of the school day; (

d) the number of minutes of school operation in a school day; (

e) the number and length of recesses; (

f) subject to

section 25, the number of minutes of classroom instruction.

(2) A board shall specify the vacation periods in a school year, which shall include (

a) a winter vacation that extends at least from December 24 to January 2, and (

b) the opportunity for each student to take 1 school vacation of at least 4 consecutive weeks’ duration in each calendar year.

(3) A board in its discretion may declare 1 day a month to be a school holiday. 26

(4) A holiday declared by a municipality does not apply to a school within the municipality unless the board declares it to be applicable.

(5) A board shall, before May 31 in each year, give notice to the Minister of (

a) the opening and closing dates of all schools under its jurisdic­ tion for the 12-month period next following, and (

b) the dates of the vacation periods in the school year.

(6) A board may declare the 2nd Friday of June in any year to be a Farmer’s Day holiday. Emergency closure of school building 41(1) A board may temporarily close a school building if the health or safety of the students is endangered.

(2) If a board closes a school building under subsection (1), it shall forthwith remedy the situation causing the closure and reopen the school building. Closure of schools, etc. 42 A board may, with the approval of the Minister, do the follow­ ing: (

a) close a school permanently or for a specified period of time; (

b) close 3 consecutive grades in an elementary school; (

c) close a junior high school or senior high school program in any school; (

d) transfer all students from one school to one or more other schools. Division 2 Operation and Management Powers of separate school boards 43 Unless otherwise provided for in this Act, the board of a separate school district (

a) possesses and may exercise all the rights, powers and privi­ leges of, (

b) is subject to duties and liabilities the same as those of, and (

c) has the same method of government as, the board of a public school district. Powers of boards44(1) A board must (

a) establish policies respecting the provision of educational ser­ vices and programs; (

b) in respect of its operations (

i) keep in force a policy or policies of insurance, (ii) with the approval of the Minister, participate in an ar­ rangement under

Part 15 of the Insurance Act, or (iii) with the approval of the Minister, participate in an alter­ native arrangement acceptable to the Minister, 27

for the purpose of indemnifying the board and its employees in respect of claims for (iv) damages for death or personal injury, (

v) damages to property, and (vi) damages to property owned by the board in respect of which the board has an insurable interest (

A) that the board has agreed to insure, or (

B) for which the board otherwise has or may have as­ sumed liability, in an amount and form prescribed by the Minister; (

c) maintain, repair, furnish and keep in good order all its real and personal property; (

d) make copies of the rules made by it available to those of its employees who are affected by the rules.

(2) A board may (

a) subject to

section 25, develop and offer courses, programs or instructional materials for use in programs or in schools; (

b) subject to

section 17, provide for parental and community involvement in schools; (

c) invest only in investments authorized by

section 5 of the Trustee Act or as otherwise permitted by the Minister; (

d) provide for the payment of travelling and other expenses and honoraria to (

i) trustees, and (ii) persons appointed to committees of the board; (

e) make payments, other than loans, to another board; (

f) make grants or payments, other than loans, to an association of school trustees or to a person or organization engaged in edu­ cational activities; (

g) at its own expense or otherwise, arrange, undertake or spon­ sor for its students educational, cultural or recreational trips in­ side or outside its district or division; (

h) establish committees and specify the powers and duties of the committees; (

i) charge fees with respect to instructional supplies or materials; (

j) make any banking arrangements necessary for the carrying out of its duties and powers.

(3) A board may make rules (

a) respecting the suspension and expulsion of students; (

b) respecting the attendance of students at schools; 28

(

c) respecting the establishment, administration, management and operation of (

i) schools operated by the board, or (ii) school buses used for the purposes of the board; (

d) respecting any other matter under the jurisdiction of the board. Delegation of power 45 The board may authorize by resolution (

a) any of its employees, (

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

c) a school council, or (

d) a joint committee established under

section 47, to do any act or thing or exercise any power that the board may or is required to do or exercise subject to the directions and limitations set out in the resolution, except (

e) the power to make a by-law under this Act, (

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

section 42, (

g) the power to requisition from a municipality, and (

h) the power to suspend or terminate the services of a teacher. Agreements46(1) A board may, without the approval of the Minister, (

a) enter into an agreement with (

i) a person, or (ii) a joint committee established under

section 47, for the provision of educational, managerial or other services with respect to the operation of schools; (

b) with respect to its resident students, enter into an agreement with another board or person to provide education programs; (

c) enter into an agreement with a municipality concerning the promotion and development of recreation and community ser­ vices.

(2) A board may, with the prior approval of the Minister, (

a) enter into an agreement with (

i) the Government of Alberta or any agent of the Govern­ ment of Alberta, (ii) the Government of Canada or any agent of the Govern­ ment of Canada, or (iii) the government of any other jurisdiction or any agent of a government of any other jurisdiction, respecting the provision of educational services; 29

(

b) enter into an agreement with the Government of Canada or any agency of the Government of Canada with respect to the education of (

i) Indian children, or (ii) the children of members of the Canadian Forces or of other persons employed by the Government of Canada, in a school operated by a board; (

c) enter into an agreement with a council of a band as defined in the Indian Act (Canada) with respect to the education of Indian children; (

d) enter into an agreement with an organization representing the residents of an unorganized territory for the provision of educa­ tional services by the board.

(3) If an agreement under subsection (2)(

c) or (

d) provides for the appointment of 1 or more individuals resident in the unorganized territory to the board, those individuals are deemed on their appoint­ ment to be members of the board and to have all the rights and obligations of trustees as set out in the agreement.

(4) A board shall, on the request of an institution that has a program of teacher education authorized by the Minister, enter into an agree­ ment with the institution permitting those individuals enrolled in the program of teacher education and their instructors to attend a class­ room of a school operated by the board while the school is in session for the purpose of observing or student teaching. Joint committees, etc. 47(1) If an agreement is entered into pursuant to

section 46(1)(a)(ii) or 184, the board may appoint 1 or more of its trustees to be mem­ bers of a joint committee with persons appointed by another board and, if appropriate, by a person or municipality.

(2) A board, person or municipality may provide the committee es­ tablished pursuant to subsection (1) with any money the board, per­ son or municipality considers proper and the committee may expend any money received for the control, management, upkeep and oper­ ation of the undertaking.

(3) A committee established pursuant to subsection (1) shall in each year furnish to the board, person or municipality (

a) an audited statement of its receipts and payments for the preceding year, and (

b) any information regarding its management and operation that is considered necessary by the board, person or municipality.

(4) Notwithstanding anything in this Act, a board may, for the pur­ poses of this Act and the regulations, appoint another board to act on its behalf or on behalf of a joint committee established pursuant to this section. 30

Organizational meeting 48(1) The organizational meeting of a board (

a) subject to clause (b), shall be held annually, and (

b) in any year in which a general election takes place, shall be held within 4 weeks following the date of that election, at a time and place to be fixed by the secretary of the board.

(2) The secretary of the board shall give notice of the organizational meeting to each trustee as if it were a special meeting. Chairman49(1) At the organizational meeting, and thereafter at any time as determined by the board, the board shall elect 1 of its members as chairman and another as vice-chairman to hold office during the pleasure of the board.

(2) If the chairman through illness or other cause is unable to per­ form the duties of his office or is absent, the vice-chairman has all the powers and shall perform all the duties of the chairman during the chairman’s inability to act or absence.

(3) If both the chairman and the vice-chairman through illness or other cause are unable to perform the duties of the office or are absent, the board shall appoint from among its members an acting chairman, who thereupon has all the powers and shall perform all the duties of the chairman during the chairman’s and vice-chair­ man’s inability to act or absence. Regular meetings50(1) The board shall hold as many regular meetings as it considers necessary to deal adequately with its business.

(2) The resolution of the board establishing the regular meetings of the board shall state the date, time and place of the regular meeting.

(3) The board is not required to give notice of the regular meetings of the board. Special meetings51(1) A special meeting of a board may be called by (

a) the chairman of the board, (

b) a majority of the trustees, or (

c) the Minister, after written notice has been given to each trustee in accordance with subsection (2).

(2) A notice of a special meeting shall state (

a) the date, time and place of the special meeting, and (

b) the nature of the business to be transacted at the special meet­ ing.

(3) The notice of the special meeting shall be (

a) sent by registered mail to each trustee at least 7 days before the date of the meeting, or 31

(

b) personally served at least 2 days before the date of the meet­ ing on (

i) the trustee, or (ii) a responsible person at the trustee’s residence.

(4) Notwithstanding subsections (1) to (3), a special meeting may be held without notice being given under this

section if every trustee agrees to waive the requirements of subsections (1) to (3).

(5) Unless all the trustees are present at the special meeting, no busi­ ness other than that stated in the notice of the special meeting shall be transacted at the special meeting. Procedure52 The board may make rules governing its internal procedure and its meetings. Readings of by-law 53(1) Every by-law of a board shall have 3 distinct separate readings before the by-law is finally passed.

(2) Not more than 2 readings of a by-law shall be given at any 1 meeting unless the trustees present at the meeting unanimously agree to give the by-law a 3rd reading.

(3) The first reading of a by-law shall be in full and, if each board member has in his possession a written or printed copy of the by­ law, the 2nd and 3rd readings may be by title and description only. Open meetings54(1) The meetings of a board shall be held in public and no person shall be excluded from them except for improper conduct.

(2) The chairman of the board may cause to be excluded from a meeting any person who, in the opinion of the chairman, 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 resolu­ tion exclude any person from the meeting.

(4) When a meeting is held in private, the board does not have the power to pass a by-law or resolution at that meeting apart from the resolution necessary to revert to an open meeting. Quorum55(1) No act or proceeding of a board is binding unless it is adopted at a meeting at which a quorum of the board is present.

(2) The quorum of a board is a majority of the trustees that, as specified under

section 218, are to be elected to the board.

(3) Notwithstanding subsection (1), the Minister may order that when the number of trustees has fallen below the quorum the remaining trustees shall be deemed to be a quorum until elections are held to fill the number of vacancies required to achieve a normal quorum. Voting on question56(1) All resolutions shall be submitted to a board by the chairman or a trustee and no seconder is required. 32

(2) The chairman and every trustee present at a meeting of the board shall vote for or against every question unless (

a) in a specific case, the chairman or a trustee is excused by resolution of the board from voting, or (

b) the chairman or a trustee is otherwise excused by this Act.

(3) The secretary of the board shall, whenever a recorded vote is requested by a trustee, record in the minutes the name of each trustee present and whether the trustee voted for or against the matter.

(4) Notwithstanding subsection (3), the secretary of the board shall, immediately after a vote is taken and on the request of a trustee, record in the minutes the name of that trustee and whether that trustee voted for or against the matter or abstained. Required votes57 At a meeting of a board the following apply: (

a) each question shall be decided by a majority of the votes of those trustees present; (

b) in case of an equality of votes, the question shall be decided in the negative; (

c) a vote on a question shall be taken by open vote; (

d) notwithstanding clause (c), with respect to the election of a chairman or a vice-chairman, if 1 or more trustees request that the vote be by secret ballot, the vote shall be by secret ballot. Records58 The board shall maintain a record of all the proceedings of the board and committees of the board. Inspection of documents 59(1) At any reasonable time, an elector of a district or division may with respect to the board of that district or division inspect any 1 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 by-law of the board; (

e) an agreement entered into by the board; (

f) an account of the board; (

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

(2) An elector of a district or division may request from the board of that district or division a copy of any item that he 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) Subsection (1) does not apply to a student record or to contracts with or records of an individual employee. 33

Oath of office60 Every trustee shall (

a) take and subscribe to the official oath prescribed by the Oaths of Office Act before commencing his duties, and (

b) deposit the oath with the secretary of the board. Regulations61 The Minister may make regulations (

a) respecting the provision of information to the Minister by a board, a trustee or an employee of a board; (

b) 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. Division 3 Conflict of Interest Pecuniary interest 62(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) “parent” means the biological parent or, if the student is an adopted child, the adoptive parent; (c) “pecuniary interest” means, with respect to a person, an in­ terest 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 benefi­ cially owns voting shares carrying at least 10% 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.

(2) For the purposes of this Division except

section 63(1), the pecu­ niary interests (

a) of the spouse, children or parents of a person, or (

b) of the parents of the spouse of a person that are known to the person or of which the person reasonably should know shall be deemed to be the pecuniary interests of the person. 34

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

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

b) by reason of (

i) his 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) his being appointed as the representative of the board on any commission, committee or other body, (

c) with respect to any allowance, honorarium, remuneration or benefit to which he 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 (b), (

d) by reason of his employment by the Government of Canada, the Government of Alberta or a federal or provincial Crown cor­ poration or agency, except with respect to a matter directly af­ fecting the department, corporation or agency of which he is an employee, (

e) by reason of his being a member of (

i) a credit union, a co-operative or a non-profit organization formed under

an Act of the Legislature or of the Parliament of Canada, or (ii) a service club, (

f) by reason of his having an interest that is an interest in com­ mon with (

i) the majority of electors of the district or division, or (ii) where the matter affects only part of the district or divi­ sion, with the majority of electors in that part, or (

g) 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)(

e) does not apply to a person who is an employee or director of a credit union or co-operative or an employee of an organization or club, referred to in that clause. Disclosure of information 63(1) Each trustee of a board shall file with the board’s secretary a statement showing (

a) the names and employment of the trustee and the trustee’s spouse and children, (

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

c) the names of the corporations, partnerships, firms, govern­ ments or persons in which the trustee’s spouse or children under 18 years of age have a pecuniary interest. 35

(2) The board’s secretary shall (

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

b) provide a copy of the list to (

i) all the trustees of the board, and (ii) the officials and employees of the board that the board directs shall receive a copy. Disqualification of trustees 64(1) A person is disqualified from remaining as a trustee of a board if that person (

a) 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 he is a trustee; (

c) is a party to a subsisting contract for the construction, main­ tenance 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; (

d) 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; (

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

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 his business, (iii) a contract of employment with the trustee’s spouse, child or parent, or (iv) a contract approved by the board pursuant to disclosure; (

f) uses information gained through his position as a trustee of the board to gain a pecuniary benefit in respect of any matter in which he has a pecuniary interest; (

g) 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; (

h) absents himself, without being authorized by a resolution of the board to do so, from 3 consecutive regular meetings of the board, unless his absence is due to illness and he provides evi­ dence of that illness in the form of a medical certificate respecting the period of his absence; (

i) is convicted of (

i) an indictable offence punishable by imprisonment for 5 or more years, or 36

(ii) an offence under

section 112 of the Criminal Code (Can­ ada) 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 under the Local Authorities Election Act. Disclosure of pecuniary interest 65(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 he 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) and (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 he has a pecuniary interest is introduced, he shall, imme­ diately on his return to the meeting or as soon thereafter as he be­ comes aware that the matter has been considered, disclose the general nature of his pecuniary interest in the matter.

(4) The abstention of a trustee under subsection (1) and the disclo­ sure of a trustee’s pecuniary interest under subsection (3) shall 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 he 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. (6) Subsection (5) does not apply to an interest referred to in

section 64(1)(

c) or (d).

(7) A trustee who contravenes this

section is disqualified from re­ maining as a trustee of the board. 37

Effect of interest on contract 66 No contract with a board under which a trustee of the board has an interest referred to in

section 64(1)(c), (

d) or (

e) is binding on the board unless (

a) the contract is for the provision 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 ordi­ nary course of his 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, child or parent. Resignation on disqualification 67 If a person is disqualified under

section 64 or 65 from remaining as a trustee of the board he shall forthwith resign. Refusal to resign on disqualification 68 If the person does not resign as required under

section 67, (

a) the board may by resolution declare that person to be dis­ qualified from remaining as a trustee and the seat on the board to be vacant, (

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

i) an order determining whether or not the person is quali­ fied to remain as a trustee, or (ii) an order declaring the person to be disqualified from re­ maining as a trustee and the seat on the board to be vacant, or (

c) an elector who (

i) files an affidavit showing reasonable grounds for believing that a person never was or has ceased to be qualified as a trustee of the board, and (ii) pays into court the sum of $250 as security for costs, may apply by originating notice to the Court of Queen’s Bench for an order declaring the person to be disqualified from remain­ ing as a trustee and the seat on the board to be vacant. Appeal of board’s resolution69(1) Where a person is disqualified under

section 68(

a) from re­ maining as a trustee, that person may apply by originating notice to the Court of Queen’s Bench for an order declaring him to be qualified to remain as a trustee.

(2) Where a person (

a) is disqualified under

section 68(

a) 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. 38

(3) An application under this

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

section 68(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 por­ tion of the term of office for which he was elected, (ii) requiring any person who has been elected to serve the balance of that term to vacate the office, and (iii) requiring the repayment to the reinstated person of any honorarium, salary or entitlement that was not paid to him during the period of disqualification, or (

b) declaring the person to be disqualified from remaining as a trustee and the seat on the board to be vacant. Hearing of application 70(1) On hearing an application under

section 68(

b) or (

c) and any evidence, whether oral or by affidavit, that the Court requires, the Court of Queen’s Bench may make an order, with or without costs, (

a) declaring the person to be disqualified from remaining as a trustee and the seat on the board to be vacant, (

b) declaring the person to be qualified to remain as a trustee, or (

c) dismissing the application.

(2) If the Court declares a person disqualified for a contravention of

section 64(1)(c), (d), (

e) or (f), it may order the person to pay to the board the total amount of any profit so made.

(3) An application under this

section (

a) must be made within 3 years from the date on which the contravention is alleged to have occurred, and (

b) may be commenced or continued notwithstanding that an election has been held between the time at which the disqualifi­ cation is alleged to have arisen and the time at which the appli­ cation is or was commenced and whether or not the person in respect of whom the application is being brought (

i) resigns before or after the election, (ii) was re-elected in the election, (iii) was not re-elected or did not run in the election, or (iv) has completed a term of office. Dismissal of application for disqualification 71 Where the Court of Queen’s Bench hears an application under

section 68(

b) or (

c) or 69 and finds that the person is disqualified, the Court may nevertheless declare the person to be qualified to be a trustee if it is of the opinion that the disqualification arose inadvert­ ently or by reason of a bona fide error in judgment. 39

Appeal of declaration of disqualification 72(1) A person who is declared disqualified by the Court of Queen’s Bench and appeals that declaration to the Court of Appeal remains disqualified until the final determination of the appeal.

(2) If on the final determination of the appeal the disqualification is set aside, the Court of Appeal (

a) shall (

i) reinstate the person as a trustee for any unexpired portion of the term of office for which he was elected, (ii) require any person who has been elected to serve the balance of that term to vacate the office, and (iii) require the repayment to the reinstated person of any honorarium, salary or entitlement that was not paid to him during the period of disqualification, and (

b) may order that any money paid to the board pursuant to

section 70(2) be paid back to the trustee together with any inter­ est.

(3) If, on the final disposition of the appeal, the disqualification is set aside but the term of office for which the person was elected has expired, the person shall not be reinstated, but he is eligible to be elected at the next general election for the election of trustees to the board, if otherwise qualified. Reimbursement73(1) If (

a) an application made under

section 68(

b) or (

c) is dismissed, or (

b) an order is made declaring that the person is qualified to remain as a trustee of the board, the board may reimburse the person in respect of whom the appli­ cation was made for any of his costs and expenses that the board considers reasonable other than costs that have already been awarded to the trustee by the Court.

(2) A board may contract for insurance in respect of payments under subsection (1).

PART 4 EMPLOYMENT Division 1 Teachers Qualifications re employment74(1) Unless otherwise authorized under this Act, a board shall em­ ploy as a teacher only an individual who holds a certificate of quali­ fication as a teacher issued under the Department of Education Act.

(2) A board may employ a competent individual to teach a language or culture under the supervision of a teacher who holds a certificate referred to in subsection (1). Qualifications re supervisory position 75 Unless a person holds a certificate of qualification as a teacher issued under the Department of Education Act, that person is not eligible to hold a supervisory position that directly relates to the teaching functions of a teacher. 40

Acting principal76(1) Notwithstanding

section 14, a board may (

a) designate a teacher to be an acting principal for a period of not more than 1 year, and (

b) assign that acting principal to a school.

(2) Where a board has assigned an acting principal under subsection (1), the board shall, within 1 year from the date of that assignment, assign a principal to that school. Supervisory, administrative and consultative positions 77(1) A board may appoint or designate any person to an adminis­ trative, supervisory or consultative position.

(2) When an organization representing teachers carries on collective bargaining on behalf of the teachers, a board and the organization, through negotiation, may include in or exclude from the teachers on whose behalf the organization is bargaining any teacher who has been designated by the board to an administrative, supervisory or con­ sultative position. Contracts of employment 78(1) In this Division, “day”, “day in a school year” or “teaching day” means (

a) a day on which instruction is given by a teacher, (

b) a day on which a school is closed due to an emergency, (

c) a day on which a school is closed by order of the Minister, (d) 2 days on which a teachers’ convention authorized by the Alberta Teachers’ Association is held, (

e) holidays declared by a board, and (

f) any other days that are approved by the Minister.

(2) Unless the teacher agrees, a board may not require a teacher to instruct students (

a) for more than 330 minutes during a day, or (

b) for less than 190 or more than 200 days in a school year.

(3) Subject to subsection (2) and notwithstanding any other agree­ ment to the contrary, the terms and conditions of a contract of em­ ployment between a board and a teacher shall comprise the follow­ ing: (

a) except in the case of a teacher excluded under

section 77(2), the terms and conditions (

i) negotiated under the Labour Relations Act, and (ii) agreed to between the board and an organization repre­ senting teachers; (

b) this

section and sections 77 to 80 and 82 to 90; (

c) the terms and conditions agreed to between the board and the teacher.

(4) Any contract of employment excluding or purporting to exclude the provisions of subsection (3)(

a) and (

b) is void. 41

(5) Every contract of employment between a board and a teacher shall (

a) be in writing, (

b) be offered to a teacher by a person acting on behalf of the board, and (

c) be accepted by the teacher.

(6) For the purposes of this Division an offer, acceptance, confirma­ tion, statement or notification shall be in writing and shall be (

a) sent by registered or ordinary mail or by courier to, (

b) personally served on, or (

c) sent by telex, telegram or electronic mail to the person to whom it is addressed. Probationary contract 79(1) A board may employ a teacher under a probationary contract of employment for a complete school year if that teacher (

a) was not employed by that board as a teacher in the year prior to the year in which the contract was entered into, or (

b) was employed by that board in the year prior to the year in which the contract was entered into under

section 81 or under a contract referred to in

section 82.

(2) For the purposes of subsection (1), a teacher employed under

section 84 is deemed to have been employed by the board under a probationary contract of employment if at the conclusion of a school year the total amount of time that the teacher taught for the board is at least equal to the amount of time the teacher would have been required to teach in a complete school year if the teacher had been employed by the board to teach on a full-time basis.

(3) A probationary contract of employment shall terminate on the June 30 next following the commencement date specified in the con­ tract.

(4) Notwithstanding subsection (3), if evaluations of the teacher in­ dicate to the board that a further probationary period is required and the teacher agrees, the probationary contract of employment may be extended for a further period ending no later than the June 30 next following the date of the renewal of the contract. Continuing contract 80 Subject to this Act, a contract of employment between a board and a teacher continues in force from year to year. Substitute teachers 81(1) A teacher may teach without a contract of employment that is in accordance with

section 78 only when the teacher is employed (

a) on a day to day basis, or (

b) to occupy a vacancy that is expected to be less than 20 con­ secutive teaching days in duration.

(2) Neither a teacher who teaches without a contract of employment that is in accordance with

section 78 nor the board employing the teacher may appeal to the Board of Reference. 42

Temporary contract 82(1) A teacher may be employed by a board under a temporary contract of employment when that teacher is employed for the pur­ pose of replacing a teacher who is absent from his duties for a period of 20 or more consecutive teaching days.

(2) A temporary contract of employment entered into under subsec­ tion (1) shall (

a) specify the date on which the teacher commences employ­ ment with the board, and (

b) terminate (

i) on the June 30 next following the commencement date specified in the contract, or (ii) on a date provided for in the contract, whichever is earlier.

(3) Notwithstanding anything contained in a temporary contract of employment, a party to a temporary contract of employment may terminate that contract by giving 30 days’ written notice of the ter­ mination to the other party to the contract.

(4) Section 114 does not apply to the termination of a temporary contract of employment under this section. Interim contract83(1) A board may employ a teacher for a period of not more than 360 days under an interim contract of employment if that teacher (

a) was not employed by that board as a teacher in the school year immediately prior to the school year in which the interim contract of employment commences, or (

b) was employed under

section 81 or under a contract referred to in

section 82 by that board in the school year immediately prior to the school year in which the interim contract of employ­ ment commences.

(2) For the purposes of subsection (1), a teacher employed under

section 84 is deemed to have been employed by the board under an interim contract of employment if at the conclusion of a school year the total amount of time that the teacher taught for the board is at least equal to the amount of time the teacher would have been re­ quired to teach in a complete school year if the teacher had been employed by the board to teach on a full-time basis.

(3) An interim contract of employment terminates on the June 30 next following the commencement date specified in the contract un­ less otherwise specified in the contract. Part-time contract 84(1) A board may employ a teacher under a part-time contract of employment for a period that includes all the teaching days in a school year (

a) to teach on a part-time basis, and (

b) to be paid only for the time that the teacher teaches.

(2) When the board employs a teacher under a part-time contract of employment, the board may, unless that teacher’s contract provides 43

otherwise, vary the amount of time that the teacher is required to teach in the subsequent semester or school year.

(3) If (

a) under subsection (2), a board varies the amount of time that a teacher is required to teach under a part-time contract of em­ ployment, and (

b) the teacher does not agree to teach for that amount of time as varied, the board may terminate that teacher’s contract.

(4) Section 114 does not apply to the termination of a contract under subsection (3). Transfer of teacher 85(1) A superintendent may, at any time during a school year, trans­ fer a teacher from one school operated by the board to another of its schools.

(2) Subject to this section, if a teacher is transferred, that transfer becomes effective not less than 7 days from the day on which the notice of transfer and reasons for the transfer are received by the teacher.

(3) When a teacher is given a notice of transfer, the teacher may, within 7 days from the day on which he receives the notice of trans­ fer, make a written request to the board to have a hearing before the board for the purpose of objecting to the transfer.

(4) The board may set a date and time for the hearing requested under subsection (3) that is not earlier than 14 days after the teacher receives notice of the transfer unless the teacher agrees in writing to an earlier date.

(5) Where a teacher makes a request to have a hearing before a board under subsection (3), that teacher shall not be transferred until after the hearing is held.

(6) Notwithstanding

section 90, if a teacher has been given (

a) a notice of transfer and does not wish to transfer in accord­ ance with the notice, or (

b) a hearing before the board under this

section and does not wish to comply with the decision of the board, that teacher may resign from his employment with the board on giving the board 30 days’ written notice of his resignation.

(7) Notwithstanding that 30 days have not passed from the date that a teacher gave notice of his resignation under subsection (6), the contract of employment between that teacher and the board termi­ nates on the board paying to the teacher the salary that the teacher would have been entitled to if the teacher had remained in the em­ ploy of the board for 30 days from the date of the giving of his notice of resignation. Suspension of teacher 86(1) When a board has reasonable grounds for believing that a teacher has been guilty of gross misconduct, neglecting his duty or 44

refusing or neglecting to obey a lawful order of the board, the board may suspend the teacher from the performance of his duties.

(2) The board shall (

a) give written notice of the suspension to the teacher specifying the reasons for the suspension, and (

b) forward a copy of the notice of suspension together with a written statement of the facts alleged to the Minister.

(3) If the Board of Reference under

section 120 authorizes the board to terminate the contract of employment of a teacher, the board may terminate that contract and on so doing the board shall be deemed to have acted reasonably.

(4) If (

a) the suspension is appealed to the Board of Reference, and (

b) the Board of Reference confirms the suspension, the board may (

c) reinstate the suspension of the teacher, or (

d) terminate the contract of employment of the teacher, and the board shall be deemed to have acted reasonably.

(5) If the teacher does not appeal the suspension to the Board of Reference, the board may make an investigation of the circumstances and may reinstate the teacher.

(6) A teacher who is suspended shall be paid his salary until the teacher’s contract of employment is terminated in accordance with this Act.

(7) A board shall not employ a teacher who has been suspended by another board while the suspension is in effect. Termination of contract 87(1) A contract of employment between a board and a teacher au­ tomatically terminates at the time that (

a) the certificate of qualification of the teacher is suspended or cancelled by the Minister, or (

b) the certificate of qualification of the teacher expires.

(2) A contract of employment between a board and a teacher or a designation of a teacher made pursuant to

section 14, 76 or 77 may be terminated by mutual consent. Termination by board 88(1) A board may terminate (

a) a contract of employment with a teacher, or (

b) a designation of a teacher made pursuant to

section 14, 76 or 77, after giving the teacher written notice of the termination not less than 30 days prior to the effective date of the termination.

(2) In terminating a contract of employment or a designation, the board shall act reasonably. 45

(3) A notice of termination of a contract of employment or a desig­ nation shall specify the reasons for the termination.

(4) Where a teacher has been served with a notice of termination of a contract or a designation, the board may suspend the teacher from the performance of his duties in accordance with the notice.

(5) A notice of termination of a designation or the termination of the designation does not terminate a contract of employment.

(6) A teacher who has been suspended under this

section shall be paid his salary until the effective date of the termination of the teach­ er’s contract or the designation. Termination by teacher 89(1) A teacher may terminate (

a) a contract of employment with a board, or (

b) a designation of the teacher made pursuant to

section 14, 76 or 77, by giving the board 30 days’ written notice of his intention to ter­ minate that contract or designation.

(2) If a teacher has terminated his contract of employment with a board before rendering any service under the contract, the teacher shall not be employed by another board unless the board with which the teacher’s contract was terminated gives its prior approval to the teacher’s employment with the other board. Notice of termination 90 Subject to

section 87(2), a notice of termination of a contract of employment or of a designation shall not be given by a board or a teacher (

a) in the 30 days preceding, or (

b) during a vacation period of 14 or more days’ duration. Termination of designation 91(1) Notwithstanding

section 87(2), a teacher, on receipt of a notice of termination of a designation made pursuant to

section 14, 76 or 77, may terminate his contract of employment by giving 30 days’ written notice to the board of his intention to terminate that contract.

(2) No appeal may be made from a termination of a contract to the Board of Reference if the contract of employment is terminated pur­ suant to subsection (1). Salaries 92(1) Subject to

section 78, a board (

a) shall pay the annual salary of every teacher who teaches on all the days of a school year on which his school is in operation; (

b) shall, except as provided in clause (c), pay to every teacher who (

i) is under a contract of employment for a period that in­ cludes all the teaching days of a school year, and 46

(ii) does not teach on all the days on which the teacher’s school is in operation, that teacher’s full annual salary less 0.5% of the salary for each teaching day on which the teacher does not teach; (

c) shall pay (

i) to every teacher who is under a contract of employment for a period that does not include all the teaching days of a school year, and (ii) to every teacher who is under a contract of employment for a period that includes all the teaching days of a school year but who during that year teaches on fewer than 100 teaching days, 0.5% of the teacher’s annual salary for each day on which the teacher teaches; (

d) shall not deduct any amount from a teacher’s salary in respect of that teacher’s absence if the absence (

i) is approved by the board or the Minister, or (ii) is (

A) for the purpose of the teacher’s receiving necessary medical or dental treatment, or (

B) on account of injury to or the illness or disability of the teacher, when the total number of teaching days on which the teacher is absent in a school year does not exceed the total number of days of absence that the teacher is allowed under subsec­ tion (2); (

e) may authorize a teacher’s absence without pay.

(2) For the purposes of subsection (1)(d)(ii), a teacher is allowed to be absent in a school year on not more than (

a) a total of 20 days, or (

b) the number of days determined by dividing by 9 the total number of days that the teacher taught for the board during the school year, whichever is the lesser number of days.

(3) For the purposes of subsection (1)(d)(ii), a board may require the teacher to provide it with a certificate from a physician or a dentist.

(4) A board may allow a teacher to be absent and pay full or part salary to the teacher for a greater number of days than the 20 days referred to in subsection (2).

(5) A board may adopt a scheme whereby a teacher may earn, during the teacher’s service with a board, an entitlement to salary applicable to periods of illness, the unused portion of which may be carried forward from year to year. 47

(6) Notwithstanding any agreement to the contrary, a board shall, (

a) on or before the last day of each month, or (

b) within 7 days from the date of the termination of a contract of employment, pay to a teacher under a contract of employment the money due to the teacher.

(7) Notwithstanding subsection (6), a board may withhold (

a) at the end of each school year, or (

b) at the termination of a teacher’s contract of employment, an amount not exceeding 1 month’s pay for a period ending not later than 7 days after the submission by the teacher of any reports, re­ turns or property of the board or the Government that are required to be returned to the board or the Government.

(8) When a teacher’s employment with a board terminates prior to (

a) the conclusion of the school year, in the case of a teacher employed under a contract to teach during all the teaching days in a school year, or (

b) the expiry date provided for in the contract or under this Act, in the case of a teacher employed under a contract to teach for part of a school year, the board may deduct from the amounts payable to that teacher 0.5% of the teacher’s annual salary for each day that the teacher was absent that exceeds (

c) the number of days that the teacher is allowed under subsec­ tion (2)(a), or (

d) the number of days determined by dividing by 9 the total number of days that the teacher taught for the board in the school year in which the teacher’s employment was terminated, whichever is the greater number of days. Unqualified teachers93(1) Unless otherwise authorized under this Act, a board shall not knowingly employ a person as a teacher who does not hold a certif­ icate of qualification as a teacher issued under the Department of Education Act.

(2) Unless otherwise authorized under this Act, a person shall not teach in a school operated by a board unless that person holds a certificate of qualification as a teacher issued under the Department of Education Act.

(3) A person who is not permitted to teach is not entitled to recover any remuneration for his services as a teacher. 48

Division 2 Non-teaching Employees Superintendent of schools 94(1) Subject to the regulations, a board shall, unless exempted by the Minister, appoint a superintendent of schools, who shall be the chief executive officer of the board.

(2) Notwithstanding subsection (1), on the request of a board, the Minister may appoint a superintendent of schools for the board, who shall be the chief executive officer of the board and shall be paid by the board. Regulations 95 The Minister may make regulations governing the qualifications of superintendents of schools. Secretary and treasurer 96 The board shall (

a) appoint a secretary and a treasurer, or 1 person to act as secretary-treasurer, (

b) forthwith notify the Minister of the appointment, and (

c) arrange for the bonding of the treasurer or the secretary-treas­ urer, as the case may be, in an amount that is reasonable in the circumstances. Other non­ teaching employees 97 In addition to the employees referred to in sections 94 and 96, the board may employ other non-teaching employees that the board considers necessary for its operation. Division 3 General Medical examination 98 A board may require any person employed by it to undergo a medical examination by a physician named or approved by the board. Labour relations 99(1) Notwithstanding anything in this Act, the Labour Relations Act applies to a board and the employees of the board.

(2) A board may (

a) be a member of an employers’ organization, and (

b) delegate its power to bargain with any of its employees to the employers’ organization.

(3) When a delegation is made under subsection (2), the employers’ organization may, subject to any limitation set out in the delegation, bargain collectively and make an agreement on the board’s behalf in accordance with the Labour Relations Act. Trustees 100 For the purposes of the Labour Relations Act and the Employ­ ment Standards Act, neither (

a) a trustee of a board, nor (

b) an official trustee appointed under the Department of Edu­ cation Act, is an employee of the board. 49

Employee contracts 101(1)

Section 62 applies to an employee under this section.

(2) No employee of a board shall enter into an agreement, other than a contract of employment, either in his own name or in the name of another or alone or jointly with another, (

a) with the board by which he is employed, or (

b) with any person contracting with the board, if he has a pecuniary interest in the agreement, unless (

c) other than in the case of the purchase of real property from or the sale of real property to the board, the employee (

i) discloses his interest to the board, and (ii) obtains the board’s approval of his entering into the agreement, before entering into the agreement, and (

d) in the case of the purchase of real property from or the sale of real property to the board, the employee (

i) declares his interest to the board, and (ii) obtains the board’s and the Minister’s approval of his entering into the agreement, before entering into the agreement.

(3) A contract entered into in contravention of subsection (2) is void. Return of property on ceasing to hold office 102 Where a person (

a) was a trustee or employee of a board, (

b) has in his possession or has control over any money, book, paper, thing or other property that is the property of the board or the Government, and (

c) after being given a written notice by the board or the Minister to deliver that property in accordance with the directions in the notice, refuses or fails to deliver that property to the board or the Minister in accordance with the notice, that person is guilty of an offence and liable to a fine of not more than $50 for each day that he does not deliver that property to the board or the Minister in accordance with the notice. 50

PART 5 APPEALS Division 1 Appeals Concerning Student Matters Appeal to board103(1) The failure of a person to make a decision is deemed to be a decision that may be appealed under this Division.

(2) Where a decision of an employee of a board significantly affects the education of a student, (

a) the parent of the student, and (

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

(3) For the purposes of hearing appeals under this

section a board shall establish an appeal procedure by resolution.

(4) A board may establish 1 or more committees for the purpose of carrying out the board’s responsibilities under this section.

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

(6) A board shall make a decision under this

section forthwith after receiving an appeal and shall report that decision to the person mak­ ing the appeal forthwith. Review by the Minister 104(1) A person who may appeal a decision under

section 103 may request in writing that the Minister review the decision of the board under

section 103 respecting (

a) the placement of a student in a special education program, (

b) a matter referred to in

section 5, (

c) a home education program, (

d) the expulsion of a student, (

e) access to and the accuracy or completeness of the student record, or (

f) the amount and payment of fees and costs.

(2) Where a dispute arises (

a) as to the amount of fees that are payable by a board under

Part 3, or (

b) as to which board is responsible for a student, a board or other person that is a party to the dispute may request in writing that the Minister review the matter.

(3) A parent may request in writing that the Minister review a de­ cision of a Special Needs Tribunal made under

section 30. 51

Powers on review 105(1) On reviewing a matter as requested under

section 104, the Minister may (

a) investigate the matter, (

b) advise the parties with respect to the dispute, and (

c) through mediation between the parties to the dispute attempt to settle the matter.

(2) Where (

a) the Minister reviews a matter as requested under

section 104, and (

b) the parties to the dispute are unable to settle the matter, the Minister may, subject to this Act and the regulations, make what­ ever decision with respect to the matter in dispute that appears to him to be appropriate in the circumstances, and that decision is final. Committees, tribunals, etc. 106 The Minister may appoint a person, committee or tribunal to carry out, on behalf of the Minister, the Minister’s functions under

section 105 subject to the terms and conditions prescribed by the Minister. Assistance to the Minister 107 The Minister may appoint a person, committee or tribunal to assist the Minister in carrying out the Minister’s functions under

section 105. Division 2 Attendance Board Duties of Board 108 An Attendance Board shall hear all matters referred to it under this Act with respect to the failure of a student to attend a school. Matters governing hearings 109 For the purpose of conducting a hearing before the Attendance Board, the following apply: (

a) notice in writing of the date, time, place and purpose of the hearing shall be served on the parent, 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 at least 10 days before the commencement of the hearing; (

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 other­ wise, and (iii) to compel witnesses to produce documents, records and things; (

c) the Attendance Board may require a board to produce to the Attendance Board, prior to a hearing, copies of all reports, state­ ments, correspondence or other documents or things relating to the matter being heard; 52

(

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

b) or (c), the Attendance Board may apply to the Court of Queen’s Bench for an order commit­ ting that person for contempt in the same manner as if that per­ son 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 evidence applicable to judicial proceedings do not apply; (

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

h) all the evidence taken down in writing or recorded by elec­ tronic 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 his counsel are entitled to examine the record; (

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

k) a hearing shall 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, and (iii) to make representations to the Attendance Board; (

n) a witness attending a proceeding before the Attendance Board is entitled to the same fees and allowances as a witness sum­ moned to attend at the Provincial Court unless otherwise pre­ scribed in the regulations; (

o) notice of every order together with a copy of the written reasons for it, if any, shall 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 sub­ stantially affected by it. Order of Board 110(1) On hearing a matter referred to it, the Attendance Board may, subject to any terms or conditions that the Attendance Board consid­ ers proper in the circumstances, make an order doing one or more of the following: (

a) directing the student to attend school; (

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

c) subject to sections 23, 29 and 30, directing the student to take an education program, course or student program set out in the order; 53

(

d) reporting the matter to a director under the Child Welfare Act; (

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

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

a) to (

e) as the Attendance Board considers appropriate in the circum­ stances.

(2) A copy of an order of the Attendance Board may be filed with the clerk of the Court of Queen’s Bench in the judicial district in which the cause of the proceedings before the Attendance Board arose.

(3) On the filing of a copy of an order with the clerk of the Court of Queen’s Bench pursuant to subsection (2), the order of the Attend­ ance Board has the same force and effect as if the order were an order of that Court.

(4) A copy of the order as filed shall be sent to the Minister and any person to whom notice of the order is sent. Establishment of Board 111(1) The Minister may (

a) divide Alberta into attendance districts; (

b) appoint an Attendance Board consisting of as many members as the Minister considers necessary and designate from among the members a chairman and 1 or more vice-chairmen.

(2) The members of the Attendance Board shall be paid the remu­ neration and expenses the Minister determines. Sitting in panels 112(1) At the request of the chairman or a vice-chairman, 3 or more members may sit as a panel of the Attendance Board.

(2) Two 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 and per­ form all the powers of the Attendance Board under this Act and the regulations.

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

(6) A panel of the Attendance Board shall conduct its sittings sepa­ rately 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 1 or more members of the panel do not for any reason attend 54

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. Division 3 Board of Reference Board 113(1) The Lieutenant Governor in Council shall appoint a Board of Reference consisting of those persons that he considers necessary.

(2) The members of the Board of Reference shall be paid the remu­ neration and expenses that the Lieutenant Governor in Council de­ termines.

(3) An appeal referred to the Board of Reference may be heard by 1 or more members of the Board.

(4) Where an appeal referred to the Board of Reference is heard by 1 or more members of the Board, (

a) that member or those members, as the case may be, have all the powers of and may carry out, in respect of that appeal, all the duties and functions of the Board of Reference, and (

b) the decision of that member or those members, as the case may be, is the decision of the Board of Reference.

(5) For the purpose of carrying out its duties and functions under this Division the Board of Reference and each of its members have the powers of a commissioner under the Public Inquiries Act. Appeal 114 If a disagreement arises between a board and a teacher with respect to (

a) a termination of a contract of employment, (

b) a suspension of the teacher, (

c) a termination of a designation of a teacher, or (

d) the refusal of a board to give an approval pursuant to

section 89(2), the board or the teacher may appeal the matter by sending the Min­ ister a notice of appeal in accordance with

section 115. Notice of appeal 115(1) A notice of appeal shall (

a) be in writing, and (

b) set out the nature of the appeal.

(2) The board or teacher appealing shall within 14 days from the date of receipt of the notice of (

a) termination of contract or of designation, (

b) suspension, or (

c) refusal to give an approval, send by registered mail (

d) to the Minister, the notice of appeal and a $50 deposit, and (

e) to the other party to the appeal, a copy of the notice of appeal. 55

Appeal referred to Board 116(1) On receiving a notice of appeal, the Minister shall refer the appeal to the Board of Reference.

(2) The Board of Reference shall, on having an appeal referred to it, (

a) set the time, place and date for the hearing of the appeal, and (

b) notify the parties to the appeal of the time, place and date of the appeal. Investigation 117 In considering the matter being appealed, the Board of Refer­ ence may make any investigation it considers necessary. Hearing 118(1) After the hearing is set under

section 116(2), the Board of Reference shall not make any decision in respect of the matter being appealed without giving the parties to the appeal an opportunity to be heard.

(2) A person appearing at a hearing is entitled to be represented by counsel. Appeal from suspension 119 If an appeal to the Board of Reference is from the suspension of a teacher, the Board of Reference shall inform the board and the teacher of its decision within 10 days from the conclusion of its investigation and hearing. Order of Board 120 In deciding the matter being appealed, the Board of Reference may make an order doing one or more of the following: (

a) confirming the termination, suspension or refusal to give an approval; (

b) changing the termination date of a contract of employment or of a designation; (

c) directing the board (

i) to reinstate the contract of employment or the designation of a teacher, or (ii) to give the approval; (

d) removing the suspension; (

e) directing a board to pay to the teacher an amount of money equivalent to his salary for a specified period; (

f) authorizing a board not to pay salary to the teacher for a specified period; (

g) providing for any matter not referred to in clauses (

a) to (

f) that the Board considers just in the circumstances. Irregularities in notice of appeal 121 The Board of Reference may proceed with an appeal under this Division notwithstanding any technical or procedural irregularity with respect to the appeal if the Board of Reference is of the opinion that none of the parties to the appeal were substantially affected by the technical or procedural irregularity. Costs 122 Each party to the appeal shall pay his own costs unless the Board of Reference otherwise orders. 56

Deposit 123(1) The Board of Reference may with respect to the deposit paid under

section 115(2) make an order doing one or more of the follow­ ing: (

a) requiring that it be paid in whole or part to the person against whom the decision on the appeal is made in payment or part payment of costs; (

b) requiring that it be retained in whole or part by the Minister and paid into the General Revenue Fund; (

c) requiring that it be repaid in whole or part to the person who paid it to the Minister.

(2) If the Board of Reference does not make any order as to costs, the deposit paid under

section 115(2) shall be repaid to the person who paid the deposit. Enforcement of order 124(1) A copy of an order made by the Board of Reference under

section 120, 122 or 123 shall be filed with the clerk of the Court of Queen’s Bench in the judicial district in which the cause of the pro­ ceedings before the Board of Reference arose.

(2) On the filing of a copy of an order with the clerk of the Court of Queen’s Bench pursuant to subsection (1), the order of the Board of Reference has the same force and effect as if the order were an order of that Court.

(3) A copy of the order as filed shall be sent to the Minister.

PART 6 FINANCE Division 1 General Auditor 125 The board shall appoint an auditor. Financial reporting 126(1) The fiscal year of a board of a district or division is Septem­ ber 1 to the next following August 31.

(2) The board of a district or division shall do the following: (

a) on or before November 15 in each year, prepare financial statements for the fiscal year ending on the previous August 31; (

b) on or before April 30 in each year, prepare and submit to the Minister a budget for the fiscal year beginning on the next follow­ ing September 1.

(3) The board of education of a county shall do the following: (

a) on or before November 15 in each year, submit to the Min­ ister a copy of a statement of revenues, expenditures and source and application of f