Bill 15 — Second Session, 30Th Legislature, 69 Elizabeth Ii the Legisla Tive Assembly of Alberta Bill 15 Ch Oice In Education Act, 2020 (Legislature 30, Session 2)

L30 S2 11845

Alberta — Bills

2020 Bill 15 Second Session, 30th Legislature, 69 Elizabeth II THE LEGISLA TIVE ASSEMBLY OF ALBERTA BILL 15 CH OICE IN EDUCATION ACT, 2020 THE MINISTER OF EDUCATION Firs t Reading . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Second Reading . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Committee of the Whole . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

1 Bill 15 BILL 15 2020 CHOICE IN EDUCATION ACT, 2020 ( A s s e n t e d t o , 2 0 2 0 ) HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta, enacts as follows: Amends SA 2012 cE-0.3 1 The Education Act is amended by this Act. 2 The

preamble is amended (

a) by adding the following after the 8th recital:

WHEREAS parents have a prior right to choose the kind of education that may be provided to their children; (

b) by adding the following after th e 13th recital:

WHEREAS the Government of Alberta recognizes public schools, separate schools, Francophone schools, priv ate sch ools, charter schools, early childhood services programs and home education programs as being valued and integral in providing choice in education to students and parents; 3 The following is added after

section 4: Residence 4.1 For the purposes of this Act, the place of residence of a person is governed by the following:

1 Explanatory Notes Explanatory Notes 1 Amends

chapter E-0.3 of the Statutes of Alberta, 2012. 2 The

preamble presently reads in part:

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

WHEREAS the Government of Alberta believes in and is committed to one publicly funded education system that provides a choice of educational opportunities to students and that honours the rights guaranteed under the Constitution of Canada in respect of minority language and minority denominational education through the dimensions of public, separate and Francophone schools; 3 R esidence.

2 (

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

b) a person’s residence is the place where that person o rdinarily lives and sleeps and to which, when absent fr om the residence, that person intends to return. 4

Section 15(3) is amended by striking out “section 4(6)” and substituting “section 4(7)”. 5

Section 20 is repealed and the following is substituted: Home education programs 20(1) A parent of a student may provide, at home or elsewhere, a type of home education program for the student in accordance with the regulations.

(2) The Minister may make regulations respecting any type of hom e education program, including, without limitation, regu lations respecting (

a) notification requirements to provide a home educatio n pr ogram, and (

b) supervision requirements, if any, of a home educatio n pr ogram. 6

Section 21(2) is amended (

a) by adding “or, with the approval of the Minister, a person” after “A board”; (

b) by adding “both” before “the parent of the student”. 7

Section 24(2) is repealed and the following is substituted:

(2) On receipt of an application under subse ction (1), the Minister shall, in accordance with the regulations, provide

2 Explanatory Notes 4

Section 15(3) presently reads:

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

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

section 11(1) does not apply to that board or the Minister, as the case may be, with respect to that student while the student is enrolled in a school operated by a Francophone regional authority. 5

Section 20 presently reads: 20(1) A parent of a student may provide, at home or elsewhere, a home education program for the student if the program (

a) meets the requirements of the regulations, and (

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

section 29(2).

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

(3) The Minister may make regulations respecting home education. 6

Section 21(2) presently reads:

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

Section 24(2) presently reads:

(2) An application may be made to the Minister only if the board of the school division in which the school is to be established has

3 notice of the application for a new charter school and the proposed programming to (

a) every board of a public or separate school division and Francophone regional authority operating within the geographic area in which the charter school is to be established, and (

b) the operators of any other charter schools as determined by the Minister. 8

Section 25(1)(

a) is repealed and the following is substituted: (

a) focuses on (

i) a learning style, a teaching style, approach or philosophy or pedagogy that is not already being offered by a board of a public or separate school division or Francophone regional authority operating within the geographic area in which the charter school will be located, or (ii) vocation-based education, 9

Section 27(1) is amended (

a) in clause (

b) by adding “4.1,” after “4,”; (

b) in clause (

c) by adding “28.1,” after “23,”. 10 The following is added before

section 29: Recognition of private schools 28.1 Private schools are recognized as being important in providing parents and students with choice in education, and a person responsible for the operation of a private school shall ensure students enrolled in the private school are provided with an education program consistent with the requirements set out in the Act and the regulations.

3 Explanatory Notes refused to establish an alternative program under

section 19 as requested by the person. 8

Section 25(1) presently reads in part: 25(1) The Minister may issue a charter to establish a charter school in accordance with the regulations if the Minister is of the opinion that the program to be offered by the charter school (

a) focuses on a learning style, a teaching style, approach or philosophy or pedagogy that is not already being offered by the board of the school division in which the charter school will be located, 9

Section 27(1) presently reads in part: 27(1) The following provisions and any regulations made under them apply to a charter school and its operation, and a reference in those provisions or those regulations to a board or a trustee is deemed to include a reference to the operator of a charter school or a member of the governing body of the operator of a charter school, as the case may be: (

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

c) Part 2 except sections 19, 20, 23, 29 and 30; 10 Recognition of private schools.

4 11

Section 30 is amended (

a) in subsection (1)(

c) by adding “28.1,” after “18,”; (

b) in subsection (2) (

i) by striking out “except subsections (2) and (5)” and substituting “except subsection (5)”; (ii) by striking out “20(3)” and substituting “20(2)”. 12

Section 125(1)(

c) is amended by adding “28.1,” after “sections”. 13

Section 142(2) is repealed and the following is substituted:

(2) The audit committee shall comprise at least 5 individuals and shall include 2 members who are not trustees.

4 Explanatory Notes 11

Section 30 presently reads in part: 30(1) The following provisions and any regulations made under them apply to a registered or accredited private school and its operation, and a reference in those provisions or those regulations to a board or a trustee is deemed to include a reference to the person responsible for the operation of a private school or a member of the governing body of the operator of a private school, as the case may be: (

c) in

Part 2, sectio ns 16, 17, 18, 29 and 30;

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

section 20 and

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

section 20(3) or 21(6), apply to an accredited private school and its operation, and a reference in those provisions or those regulations to a board or a trustee is deemed to include a reference to the person responsible for the operation of an accredited private school or a member of the governing body of the operator of an accredited private school. 12

Section 125(1) presently reads in part: 125(1) The following provisions and any regulations made under them apply to a Francophone regional authority and a reference in those provisions or those regulations to a board or a trustee is deemed to include a reference to the Francophone regional authority or a trustee of a Francophone regional authority, as the case may be: (

c) Part 2, except sections 29 and 30; 13

Section 142(2) presently reads:

(2) The audit committee shall comprise at least 5 individuals and shall include at least one of each of the following individuals: (

a) a member of the business co mmunity who is not a trustee; (

b) a member of the adult learning community who is not a trustee; (

c) a trustee.

5 Coordinated amendment 14(1) If

section 2(2) and (3) of the Red Tape Reduction Implementation Act, 2019 come into force before September 1, 2020, effective September 1, 2020

section 27(1)(

e) is amended by striking out “sections 51, 59, 59.1 and 62” and substituting “sections 51, 53.1, 59, 59.1, 62 and 69(a)”.

(2) If

section 2(2) and (3) of the Red Tape Reduction Implementation Act, 2019 come into force on or after September 1, 2020, (

a) effective September 1, 2020,

section 27(1)(

e) is amended by striking out “sections 51, 59, 59.1 and 62” and substituting “sections 51, 59, 59.1, 62 and 69(a)”, and (

b) on the coming into force of

section 2(2) and (3) of the Red Tape Reduction Implementation Act, 2019,

section 27(1)(

e) is amended by adding “53.1,” after “51,”. Coming into force 15 This Act has effect on September 1, 2020.

5 Explanatory Notes 14

Section 27(1) presently reads in part: 27(1) The following provisions and any regulations made under them apply to a charter school and its operation, and a reference in those provisions or those regulations to a board or a trustee is deemed to include a reference to the operator of a charter school or a member of the governing body of the operator of a charter school, as the case may be: (

e) Part 4 except sections 51, 59 , 59.1 and 62, Division 4,

section 87(1)(

a) and (2),

section 91(

b) and (

c) and sections 92 to 96; 15 Coming into force.

RECORD OF DEBATE Stage Date Member From To Questions and Comments From To Stage Date Member From To Questions and Comments From To Stage Date Member From To Questions and Comments From To Stage Date Member From To Questions and Comments From To Title: 2020 (30th, 2nd) Bill 15, Choice in Education Act, 2020

Document details

Collection	Alberta — Bills
Citation	L30 S2 11845
Type	bill
Volume / chapter	L30 S2 11845
Language	en
Format	json
Source	PROVINCIAL
Identifier	97ad2eb1a10d80b72e86355678d9932f01e4a274

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