© Published by Alberta King’s Printer Alberta King’s Printer Suite 700, Park Plaza 10611 - 98 Avenue Edmonton, AB T5K 2P7 Phone: 780-427-4952 E-mail: kings-printer@gov.ab.ca Shop on-line at kings-printer.alberta.ca Province of Alberta Office Consolidation Statutes of Alberta, 2012

Chapter E-0.3 Current as of December 11, 2025 EDUCATION ACT

Copyright and Permission Statement The Government of Alberta, through the Alberta King’s Printer, holds copyright for all Alberta legislation. Alberta King’s Printer permits any person to reproduce Alberta’s statutes and regulations without seeking permission and without charge, provided due diligence is exercised to ensure the accuracy of the materials produced, and copyright is acknowledged in the following format: © Alberta King’s Printer, 20__.* *The year of first publication of the legal materials is to be completed.

Note All persons making use of this consolidation are reminded that it has no legislative sanction, that amendments have been embodied for convenience of reference only. The official Statutes and Regulations should be consulted for all purposes of interpreting and applying the law. Amendments Not in Force This consolidation incorporates only those amendments in force on the consolidation date shown on the cover.

It does not include the following amendments: 2026 c11 s1 adds s18.2. 2021 c25 s4 amends s125(5). 2025 cP-25.5 s239 amends s137. 2025 cR-13.3 s15 adds s225.51. 2025 c19 s2 amends s18(4); s3 amends s21; s4 amends s30; s5 (2026 c13 s23 - effective May 14, 2026) adds ss30.1 to 30.7. 2026 c13 s2 amends the

preamble; s3 repeals and substitutes s16; s4 amends s18; s5 adds s18.01; s6 amends s18.1; s7 amends s27(1)(f); s8 repeals and substitutes s30(1.1); s9 amends s31; s10 amends s32(d); s11 amends s33; s12 amends s35.1(1); s13 repeals s61 and substitutes ss61 to 61.2; s14 adds s79.1; s15 amends s187.1; s16 adds s187.2; s17 amends s194; s18 adds ss195.01 and 195.02; s19 amends s197(a.1); s20 amends s223(1); s21 adds s223.1; s22 amends s224.

Regulations The following is a list of the regulations made under the Education Act that are filed as Alberta Regulations under the Regulations Act. Alta. Reg.

Amendments Education Act Alberta School Foundation Fund ................... 77/2019 Board of Reference Fees ................................ 79/2019 Board Procedures ........................................... 82/2019 Borrowing ...................................................... 83/2019 Certification of Teachers and Teacher Leaders ....................................... 123/2022 ......... 134/2025, 136/2025, NOTE: AR 82/2026 comes 142/2025, 82/2026 into force June 1, 2026 Charter Schools .............................................. 85/2019 ........... 143/2020, 80/2022, 157/2022, 227/2022, 14/2025 Charter Schools Exemption and Application ........................................ 76/2019 ........... 88/2022, 131/2024 Disposition of Property .................................. 86/2019 ........... 76/2022, 142/2024 Early Childhood Services ............................... 126/2022 ......... 224/2022, 9/2023, 6/2025, 136/2025, 180/2025 Education Act Transitional ............................. 125/2022 Establishment of Separate School Districts ........................................ 88/2019 ........... 150/2024 Home Education ............................................. 89/2019 ........... 145/2020, 136/2025, 160/2025 In-person Learning ......................................... 13/2025 ........... 136/2025, 161/2025 Independent Schools (Regulations) ................ 136/2025 Investment ...................................................... 90/2019 Literacy and Numeracy Screening Assessments ............................................. 44/2026 NOTE: AR 44/2026 comes into force on the coming into force of the Education (Prioritizing Literacy and Numeracy Amendment Act, 2025 (No. 2) Petitions and Public Notices ........................... 91/2019 ........... 218/2022 Private Schools ............................................... 127/2022 ......... 225/2022, 9/2023, 7/2025, 136/2025 Professional Conduct and Competency for Teachers and Teacher Leaders ................. 124/2022 ......... 218/2022, 240/2022, 135/2025 School Councils ............................................. 94/2019

School Fees .................................................... 95/2019 ........... 76/2022, 143/2024 School Transportation .................................... 96/2019 ........... 76/2022, 9/2023, 67/2023 (136/2023) (206/2024) Separate School Regions Establishment ........ 99/2019 Special School Tax Levy Plebiscite ............... 78/2019 Student Record ............................................... 97/2019 ........... 76/2022, 216/2022, 151/2024, 136/2025, 142/2025, 159/2025 Superintendent of Schools .............................. 98/2019 ........... 125/2021, 216/2022, 146/2023, 152/2024, 158/2025

1 EDUCATION ACT

Chapter E-0.3 Table of Contents 1

Interpretation 2 Limitations

Part 1 Access to Education 3 Right of access to education 3 . 1 Right to education during emergencies 3 . 2 Parental notification and consent during emergencies 4 Resident student 4.1 Residence 6 Independent student 7 Compulsory education 8 Enforcing school attendance 9 Attendance at school 10 Enrolment in school operated by board 1 1 Responsibility to students 11.1 Regulations and orders 1 2 International students 1 3 Tuition fees 14 Francophone education 15 Enrolment in Francophone school

Part 2 Opportunities for Learning Division 1 Diverse and Flexible Learning 16 Diversity and respect 17 Language of instruction 18 Courses, programs of study, etc. 18.1 Learning and teaching resources re gender identity, sexual orientation or human sexuality

Chapter E-0.3 EDUCATION ACT 2 19 Alternative programs 20 Home education programs 2 1 Early childhood services programs 2 2 Off-campus education programs 2 3 Continuing education Division 2 Charter Schools 24 Application to establish charter school 2 5 Charter schools 2 6 Operation of charter schools 2 7 Application of Ac t to charter schools 2 8 Regulations Division 3 Independent Schools 28.1 Recognition of independent schools 2 9 Independent schools 3 0 Application of Ac t to independent schools

Part 3 Responsibilities and Dispute Resolution Division 1 Responsibilities 31 Student responsibilities 3 2 Parent responsibilities 3 3 Board responsibilities 33.1 Exemption from

section 33 33.2 Responsibilities re parental notification and consent for preferred name and pronouns 3 4 Trustee responsibilities Division 2 Bullying Awareness and Non-discrimination 35 Bullying Awareness and Prevention Week 35.1 Support for student o rganizations Division 3 Student Discipline 3 6 Suspension 3 7 Expulsion

Chapter E-0.3 EDUCATION ACT 3 Division 4 Student Advisory Council 3 8 Student advisory council 39 Functions of student advisory council Division 5 Complex Education Needs Tribunal 4 0 Complex Education Needs Tribunal Division 6 Dispute Resolution 4 1 School dispute resolution 4 2 Appeal to board 4 3 Request for review by the Minister 4 4 Review by the Minister Division 7 Attendance Board 4 5 Establishment of Attendance Board 4 6 Referral to Attendance Board 4 7 Mediation by Attendance Board 48 Hearing before Attendance Board 49 Order of Attendance Board 50 Attendance Board panels

Part 4 Board Powers and Elections Division 1 Board Powers 51 Natural person powers 52 Delegation of power 53 General powers and duties of boards 53.1 Joint use and planning agreements 54 Insurance and investment 55 School council 56 Student records 57 School fees 58 Religious and patriotic instruction or exercises 58.1 Notice to parent 58.11 Notice and consent re gender identity, sexual orientation or human sexuality instruction 58.12 Parental notification and consent policies 58.13 Declaration re Charter, Bill of Rights and Human Rights Act

Chapter E-0.3 EDUCATION ACT 4 58.2 Non-compliance 59 Transportation 59.1 Transport by parent 60 School day and year 61 Flags 6 2 Closure of schools 6 3 Education services agreements for First Nations students Division 2 Board Procedures 6 4 Open meetings 6 5 Inspection of documents 6 6 Requests to provide information 6 7 Accountability of board 6 8 Secretary and treasurer 6 9 Regulations Division 3 Investigation and Inquiry 7 0 Investigation 72 Official trustee Division 4 Elections and Trustees 7 3 Procedure for elections, etc. 7 4 Eligibility 7 5 Oath of office 7 6 Establishment of wards 7 7 Board establishment 7 8 Number of trustees 7 9 Change of name 8 0 Resignations 8 1 Filling vacancies 8 2 Failure to elect trustee, etc. 8 3 Direction to official trus tee to hold by-election 8 4 Appointment of First Nations trustee Division 5 Conflict of Interest and Disqualification 8 5 Pecuniary interest 8 6 Disclosure of information 8 7 Disqualification of trustees 8 8 Disclosure of pecuniary interest

Chapter E-0.3 EDUCATION ACT 5 8 9 Effect of interest on contract 9 0 Resignation on disqualification 9 1 Refusal to resign on disqualification 9 2 Appeal of board’s resolution 9 3 Hearing of application 9 4 Dismissal of application for disqualification 95 Appeal of declaration of disqualification 9 6 Reimbursement Division 5.1 Recall Petitions 96.1

Interpretation 96.2 Application 96.3 Notice of recall petition 96.4 Recall petition time and sufficiency 96.5 Eligibility to sign a recall petition 96.6 Number of petitioners 96.7 Other requirements fo r a recall petition 96.8 Counting petitioners 96.9 Report on sufficiency of recall petition 96.91 Insufficient recall petition 96.92 Sufficient recall petition 96.93 Required return of recall peti tion and destruction of copies 96.94 Protection of personal in formation in petitions 96.95 Recall process regulations Recall Petition Finances and Advertising 96.96 Regulations — recall petition finances and advertising

Part 5 Structure of School Authorities Division 1 Creation of Public School Districts 9 7 Establishment of public school district Division 2 Establishment and Disestablishment of Separate School Districts 9 8

Definitions 9 9 Right to establish s eparate school district 100 Intention to establish 101 Separate school establishment area 102 Petition for establishment

Chapter E-0.3 EDUCATION ACT 6 103 Community information meeting 104 Vote respecting establishment 105 Minimum requirements for binding vote 106 Notification to Minis ter, electors, etc. 107 Establishment of district 108 Effect of establishment 109 Vote against establishment 110 Disestablishment of separate school district Division 3 Creation, Alteration and Dissolution of School Divisions 112 Establishment of school division 113 Effect of establishment 114 Addition and removal of land 115 Effect of town or village 116 Alteration of name 117 Dissolution by Minister 117.1 Appointment of trustees 118 Adjustment of assets and liabilities 119 Transfer of teachers 120 Publication of order 121 Boundaries 122 Restriction re alteration of boundaries Division 4 Establishment of Separate School Regions 123 Establishment of separ ate school region Division 5 Establishment and Dissolution of Francophone Education Regions 124

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

Chapter E-0.3 EDUCATION ACT 7 136 Dissolution of Francophone regional authority

Part 6 Finance and Property Division 1 Finance 137 Definition 138 Auditor 139 Financial reporting to the Minister 140 Contents of financial statem ents and authority to disclose personal information 141 Auditor’s report 142 Audit committee 143 Application of funds Division 2 Assessment of Property 144 Definition 145 Assessment 146 Property owned by individuals 146.1 List of separate school district residents 147 Notice of assessability by an individual 148 Notice of assessability by corporation or cooperative 149 Notice on acquisition 150 Examination of notice 151 Evidence 152 Effect of notice 153 Assessment of corporation 154 Equalized assessment 155 Statement to boards by municipality 156 Copy of assessment roll 157 False statemen t re assessment 158 Offence Division 3 Requisitions 159 Definition 160 Calculation of requisition by board 161 Submission of requisition 162 Payment by council of a municipality 163 Interest

Chapter E-0.3 EDUCATION ACT 8 Division 4 Alberta School Foundation Fund 164 Application o f this Division 165 Alberta School Foundation Fund 166 Taxing authority 167 Payment into the Fund 168 Default 169 Payment from the Fund 170 Collecting boards 171 Effect of cessati on of services Division 5 Special School Tax Levy 172 Plebiscite 173 Conduct of plebiscite 174 Special school tax levy 175 Assessment and requisition Division 6 Levying and Collection of Taxes by a Board 176 Definition 177 Authorization to le vy and collect taxes 178 Collecting board 179 Exemption Division 7 Borrowing 180 Borrowing 181 Borrowing by debenture 182 Validity of debentures 183 Use of unexpended debenture proceeds 184 Improper application of money borrowed 185 Liability of trustees 186 Enforcement of li ability of trustees Division 8 Property 186.1

Interpretation 187 Real and personal property 187.1 Transfer of new school real property 188 Acquisition of property 189 Joint property 190 Non-school buildings

Chapter E-0.3 EDUCATION ACT 9 191 Expropriation 192 Disposition of property 193 Leasing of property 194 Regulations 195 School building and non-sc hool building projects

Part 7 Education Professions and Occupations Division 1 Responsibilities 195.1 Registrar 196 Teachers 197 Principals Division 2 Teachers 198 Qualifications re employment 199 Qualifications re supervisory position 200 Agreements 201 Regulations 202 Principals designated 203 Acting principal 204 Administrative, supervisory and consultative positions 205 Contracts of employment 206 Probationary contract 207 Continuing contract 208 Substitute teachers 209 Temporary contract 210 Interim contract 211 Part-time contract 212 Transfer of teacher 213 Suspension of teacher 214 Termination of contract 214.1 Termination of designation as principal 215 Termination by board 216 Termination by teacher 217 Notice of termination 219 Termination of designation 220 Salaries 221 Unqualified teachers

Chapter E-0.3 EDUCATION ACT 10 Division 3 Non-teaching Employees 222 Superintendent of schools 223 Contract of employment 224 Regulations 225 Other non-teaching employees Division 3.1 Discipline of Teachers and Teacher Leaders 225.1

Definitions 225.2 Application of Division 225.3 Professional incompetence 225.4 Unprofessional conduct 225.5 Code of professional conduct Alberta Teaching Profession Commissioner 225.6 Alberta Teaching Profession Commissioner 225.7 Annual report Panel and Committees 225.8 Professional conduct and competency general panel 225.9 Committees Complaints and Investigations 225.91 Complaints 225.911 Delegation of complainant powers 225.92 Termination of contract as complaint 225.93 Limitations on complaints 225.94 Commissioner’s actions respecting complaint 225.95 Appeal by complainant 225.96 Investigations 225.97 Commissioner’s actions after investigation Expedited Process for Cancellation of Certificates 225.98 Where report confirms convic tion for prescribed offence 225.99 Automatic suspension 225.991 Powers of Minister where report confirms conviction Mediation, Dispute Resolution and Consent Resolution Agreements 225.992 Mediation process 225.993 Dispute resolution process

Chapter E-0.3 EDUCATION ACT 11 225.9931 Disclosure to other administrators 225.994 Consent resolution agreement Hearings 225.995 Notice of hearing 225.996 Proceedings at hearing 225.997 Compellable witnesses 225.998 Civil contempt proceedings 225.999 Proceedings in absence of teacher or teacher leader 225.9991 Findings of hearing committee 225.9992 Recommendations and decision of hearing committee Appeals 225.9993 Appeals 225.9994 Notice of appeal hearing 225.9995 Proceedings at appeal hearing 225.9996 Decision of appeal committee Minister’s Decision 225.9997 Minister’s decision wit h respect to committees Online Registry 225.9998 Online registry 225.9999 Publication in online registry – certificates 225.99991 Publication in online registry – professional incompetence and unprofessional conduct 225.99992 Restrictions on publicat ion in online registry Duty to Report 225.99993 Duty to report complaint 225.99994 Duty to report to police 225.99995 Regulations Division 4 General 225.99998 Judicial review 226 Medical examination 227 Labour relations 228 Trustees 229 Employee contracts 229.1 Criminal record and vulnerable sector checks

Chapter E-0.3 EDUCATION ACT 12 Division 5 Board of Reference 230 Board of Reference 231 Appeal 232 Notice of appeal 233 Appeal referred to Board of Reference 234 Investigation 235 Hearing 236 Appeal from suspension 237 Order of Board of Reference 238 Irregularities in notice of appeal 239 C o s t s 240 Deposit 241 Enforcement of order 242 Appeal to Court of Appeal

Part 8 General 243 Delegation of Minister’s powers 244 Forms 245 Labour Relations Code 246 Alteration of time limits 247 Petition 248 Notice of public meeting 249 Public notice 250 Regulations 251 Protection from liability for trustees, employees, members and volunteers 252 Protection from liability for others 253 Enforcement of judgment 254 Enforcement by Court 255 Return of property on ceasing to hold office 256 Prohibited activities 257 Liability for damage to property by student 258 Penalty 259 Penalty for failure to give information

Chapter E-0.3 EDUCATION ACT 13

Part 9 Transitional Provisions, Consequential Amendments, Repeals and Coming into Force Transitional Provisions 260 Transitional provisions 260.1 Transitional regulation-making powers 260.2 Consequential changes to regulations 260.21 Transitional provision — private schools 260.22 Transitional provision — disqualifications for breaches of codes of conduct 260.23 Consequential changes to regulations — private schools Consequential Amendments 261-288 Consequential amendments Repeals 289 Repeals Coming into Force 290 Coming into force

Preamble

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

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

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

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

WHEREAS the education of children and students is important to Alberta’s prosperity and social well-being;

Chapter E-0.3 EDUCATION ACT 14

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

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

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

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

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

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

WHEREAS the Government of Alberta recognizes the importance of teaching essential knowledge to help students develop foundational competencies;

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

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

WHEREAS the Government of Alberta recognizes public schools, separate schools, Francophone schools, independent schools, charter schools, early childhood services programs and home education programs as being valued and integral in providing choice in education to students and parents;

WHEREAS the Government of Alberta is committed to ensuring strong learning opportunities regardless of whether those opportunities are in-person, online or in a home education program;

WHEREAS the Government of Alberta recognizes that in-person learning opportunities are important for students’ well being and

Section 1

Chapter E-0.3 EDUCATION ACT 15 success and is committed to preserving access to in-person learning;

WHEREAS the Government of Alberta recognizes that students have a right to education;

WHEREAS the Government of Alberta believes that in-person learning should be prioritized during an emergency and that shifts from in-person learning to at-home learning should be strictly limited;

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

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

WHEREAS the Government of Alberta is committed to encouraging the collaboration of all partners in the education system to ensure the educational success of Alberta’s First Nations, Metis and Inuit students; THEREFORE HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta, enacts as follows:

Interpretation 1(1) In this Act, (a) “at-home learning” means teacher-directed education programming provided by a board, a Francophone regional authority, an operator of a charter school or a person responsible for the operation of an independent school to a student on a temporary basis at the student’s residence or at a location other than the student’s regularly attended school; (a.1) “Attendance Board” m eans the Attendance Board established under

section 45; (b) “attendance officer” means the superintendent or any other individual designated by a board as an attendance officer; (c) “board” means a board of t rustees of a school division; (d) “bullying” means repeated and hostile or demeaning behaviour by an individual in the school community where

Section 1

Chapter E-0.3 EDUCATION ACT 16 the behaviour is intended to cause harm, fear or distress to one or more other individuals in the school community, including psychological harm or harm to an individual’s reputation; (e) “charter school” means a sc hool established under

section 25; (e.1) “Commissioner” means the Alberta Teaching Profession Commissioner appointed under

section 225.6; (e.2) “Crown” means, unless the context indicates otherwise, His Majesty in right of Alberta; (f) “early childhood services p rogram” means an education program provided pursuant to

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

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

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

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

section 126; (l) “Francophone regional au thority” means a composite Francophone regional authority established under

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

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

section 20; (m.1) “independent school” means a school registered under

section 29; (n) “independent student” means a student who is (i) 18 years of age or older, or (ii) 16 years of age or older and

Section 1

Chapter E-0.3 EDUCATION ACT 17 (

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

section 6, or (

B) a party to an agreement under

section 57.2 of the Child, Youth and Family Enhancement Act; (n.1) “intimate image” means an i ntimate image as defined in the Protecting Victims of Non-consensual Distribution of Intimate Images Act; (n.2) “joint use and planning a greement” means a joint use and planning agreement as defined in the Municipal Government Act; (o) “Minister” means the Minist er determined under

section 16 of the Government Organization Act as the Minister responsible for this Act; (o.1) “municipal and school rese rve” has the same meaning as in the Municipal Government Act; (o.2) “municipal reserve” has the same meaning as in the Municipal Government Act; (p) “municipality” means a municipality as defined in the Municipal Government Act; (q) “non-school building” means a building other than a school building owned or occupied, in whole or in part, by (

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

t) repealed 2025 c6 s3; (u) “public school district” me ans an area of land established as a public school district pursuant to this Act or any predecessor Act or Ordinance;

Section 1

Chapter E-0.3 EDUCATION ACT 18 (v) “public school division” means a public school division established under

section 112; (v.1) “Registrar” means the Registrar appointed under

section 195.1; (w) “resident student” means an individual who is entitled to have access to an education program under

section 3 and who is a resident student as determined under

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

i) a b o a r d , (ii) a person responsible for the operation of an independent school, (iii) either a society incorporated under the Societies Act, or a company registered under

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

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

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

i) the purchase, erection, r elocation or renovation of, (ii) the making of str uctural changes in, (iii) the addition to or extension of, or (iv) the build ing of access roads or site preparation for, a school building;

Section 1

Chapter E-0.3 EDUCATION ACT 19 (aa) “school council” means a school council established under

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

section 112; (cc) “school jurisdiction” means a board, the Lloydminster Public School Division or the Lloydminster Roman Catholic Separate School District; (cc.1) “school reserve” has the same meaning as in the Municipal Government Act; (dd) “separate school district” means an area of land established as a separate school district pursuant to this Act or any predecessor Act or Ordinance; (ee) “separate school division” means a separate school divisi on established under

section 112; (ff) “separate school region” me ans a separate school region established under

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

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

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

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

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

section 36; (kk) “teacher” means an indi vidual who holds a teaching certificate; (kk.1) “teaching certificate” mean s a teaching certificate as defined in the regulations made under

section 201; (ll) “trustee” means a member of a board;

Section 1

Chapter E-0.3 EDUCATION ACT 20 (mm) “unorganized territory” me ans any area in Alberta that is not included within a public or separate school district or a school division.

(1.1) Without limiting the generality of the definition of “bullying” in subsection (1)(d), bullying includes the distribution of an intimate image of another person knowing that the person depicted in the image did not consent to the distribution, or being reckless as to whether or not that person consented to the distribution.

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

a) subject to subsection (3), (

i) the guardian as set out in

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

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

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

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

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

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

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

c) notwithstanding clauses (

a) and (b), the Minister of Public Safety and Emergency Services, if the student is in custody under the Corrections Act, the Corrections and Conditional Release Act (Canada) or the Youth Criminal Justice Act (Canada).

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

(4) For the purposes of this Act,

Section 2

Chapter E-0.3 EDUCATION ACT 21 (a) “resident of Al berta” means a person (

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

i) who is lawfully entitled to be or to remain in Canada, and (ii) who is living and ordinarily present in Canada, but does not include a tourist or visitor to Canada. 2012 cE-0.3 s1;2015 c6 s2;2017 cP-26.9 s11;2019 c7 s3;2019 c22 s2; 2022 c7 s2;2022 c21 s19;2024 c14 s3;2025 c6 s3 Limitations 2 The exercise of any right or the receipt of any benefit under this Act is subject to the limitations that are reasonable in the circumstances under which the right is being exercised or the benefit is being received.

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

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

b) who is a resident of Alberta, and (

c) who has a parent who is a resident of Canada, is entitled to have access in that school year to an education program in accordance with this Act.

(2) A board may permit an individual (

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

b) who complies with sub section (1)(

b) and (c),

Section 3.1

Chapter E-0.3 EDUCATION ACT 22 to have access in that year to an education program in accordance with this Act. 2012 cE-0.3 s3;2019 c7 s4 Right to education during emergencies 3.1(1) Every student has a right to education consistent with the requirements of the regulations during (

a) a public health emergency confirmed under

section 29(2.1) of the Public Health Act, (

b) a state of public health eme rgency declared under

section 52.1 of the Public Health Act, (

c) a local state of public h ealth emergency declared under

section 52.2 of the Public Health Act, (

d) a state of emergency declared under

section 18(1) of the Emergency Management Act, (

e) a state of local emergency declared under

section 21 of th e Emergency Management Act, or (

f) an emergency prescribed in an order of the Minister under

section 11.1(3).

(2) A board must provide in-person learning or at-home learning during an emergency described in subsection (1) in accordance with the regulations. 2024 c14 s4 Parental notification and consent during emergencies 3.2(1) Subject to subsection (2) and the regulations, if, during an emergency described in

section 3.1(1), health measures established by a board that relate to the emergency are intended to apply to the body of a student, the board, before the intended health measures are applied to the body of the student, shall, (

a) in the case of a student who is under 16 years of age, seek the consent of the student’s parent, or (

b) in the case of a student wh o is 16 years of age or older, notify the student’s parent and seek the consent of the student or the parent. (2) Subsection (1) (

a) applies to health measures prescribed by an order of the Minister under

section 11.1(3)(

b) in addition to those established by a board, and

Section 4

Chapter E-0.3 EDUCATION ACT 23 (

b) does not apply to (

i) routine health measures such as hand washing, cleaning or hygiene, and (ii) any other health measures exempted by an order of the Minister under

section 11.1(3)(c). 2024 c14 s4 Resident student 4(1) Subject to this section, a student is a resident student of the board of the school division in which the student’s parent resides.

(2) For the purposes of this

section and

section 59, (

a) a student who is in the care of a foster parent under the Child, Youth and Family Enhancement Act is deemed to be a resident student of the board of the school division in which the foster parent resides, unless subsection (5) applies, and (

b) a student who has a disability and is the subject of an agreement under the Family Support for Children with Disabilities Act is deemed to be a resident student of the board of the school division in which the student resides.

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

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

a) is a resident of the separate school division responsible for operating the separate school district, and (

b) is not a resident of th e public school division.

(5) A child intervention worker under the Child, Youth and Family Enhancement Act may deem a student to be a resident student of the board that represents the faith of the student if (

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

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

Section 4

Chapter E-0.3 EDUCATION ACT 24 (

c) the foster parent resides i n an area where a separate school district has been established.

(6) If a student (

a) is under 16 years of age and is not the subject of an orde r or agreement under the Child, Youth and Family Enhancement Act, and (

b) is a child in respect of wh om financial assistance is being provided under

section 105.8 of the Child, Youth and Family Enhancement Act, the student is a resident student of the board of the school division in which the student resides.

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

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

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

c) a student (

i) who is in the custody or under the guardianship of the Crown under the Child, Youth and Family Enhancement Act, and (ii) who resides in an instituti on or a group home prescribed by the Minister as an institution or a group home to which this clause applies that is operated or approved by the Government; (

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

(8) If each parent is a resident of a different school division, (

a) the parents must choose in writing one of those school divisions,

Section 4

Chapter E-0.3 EDUCATION ACT 25 (

b) the student is a resident student of the board of the chos en school division, (

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

section 10, and (

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

(9) If a parent is limited by law in exercising an authority under subsection (8)(

a) and that parent is a resident of a school division different than that of the other parent, the other parent may choose which of the 2 divisions in which the student is to attend school, and subsection (8)(

b) to (

d) apply.

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

(11) If the residence of the parent of a student changes after the commencement of a school year, the parent must 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 school division in which the student resi des after the change, (

b) the board of the school division in which the student resi ded 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.

(12) 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 division of whose board the student is a resident student, the student may remain a resident student of that board notwithstanding subsections (1) to (11).

(13) 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.

Section 4.1

Chapter E-0.3 EDUCATION ACT 26

(14) If there is a dispute as to the residency of a student, the Minister may determine that the student is a resident student of a particular board. 2012 cE-0.3 s4;2015 c6 s3;2019 c7 s5 Residence 4.1 For the purposes of this Act, the place of residence of a person is governed by the following: (

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

b) a person’s residence is the place where that person ordinarily lives and sleeps and to which, when absent from the residence, that person intends to return. 2020 c11 s3 5 Repealed 2015 c6 s4. Independent student 6(1) In determining whether a student is living independently for the purposes of this Act, a board may consider the following: (

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

b) the student’s living arrangements; (

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

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

e) any other factor the board considers relevant.

(2) Notwithstanding any other provisions in this Act, an independent student is entitled to exercise all the rights and powers and receive all the benefits and is subject to all the obligations under this Act that the student’s parent would be entitled to exercise or receive or would be subject to, and the student’s parent shall not exercise those rights, receive those benefits or be subject to those obligations. 2012 cE-0.3 s6;2015 c6 s5 Compulsory education 7(1) Every person who

Section 7

Chapter E-0.3 EDUCATION ACT 27 (

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

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

c) subject to subsection (2), is younger than 16 years of age , shall attend school. (2) Subsection (1)(

c) does not apply to a person who is younger than 16 years of age who has attained high school completion in accordance with the requirements prescribed in an order of the Minister under

section 18.

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

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

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

b) the day is recognized as a religious holiday by the religi ous 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 ye t been enrolled in another education program, or (

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

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

(5) Where a student is excused from attendance at school under subsection (4)(e), that student is excused from attendance at school only during the period of time prescribed by the board or the Minister, as the case may be. 2012 cE-0.3 s7;2019 c7 s6;2025 c6 s4

Section 8

Chapter E-0.3 EDUCATION ACT 28 Enforcing school attendance 8(1) In this section, (a) “judge” means a judge o f the Court of Justice; (b) “order” means an order given under this

section by a judge or a justice of the peace.

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

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

a) enter, during school hours, (

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

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

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

(3) If (

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

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

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

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

a) if the judge or justice of the peace is satisfied that the student may be found in the place or premises, an order authorizing the attendance officer named in the order to

Section 9

Chapter E-0.3 EDUCATION ACT 29 enter the place or premises without force and search for the student; (

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

(5) On hearing an application under this section, the judge or justice of the peace, as the case may be, may grant the order applied for subject to any terms or conditions that the judge or justice of the peace considers appropriate in the circumstances. 2012 cE-0.3 s8;AR 75/2023 Attendance at school 9(1) Where (

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

section 7 does not attend school, and (

b) attempts to enforce school attendance under

section 8 have , in the opinion of the board, not been effective, the board of which the student is a resident student or that operates or supervises the school in which the student is enrolled may refer the matter to the Attendance Board.

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

section 7 (

a) is enrolled in an independent school, and (

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

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

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

section 7, and (

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

Section 10

Chapter E-0.3 EDUCATION ACT 30

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

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

section 7, and (

b) that all reasonable efforts have been made by that person to enforce the student’s attendance at school. 2012 cE-0.3 s9;2025 c6 s5 Enrolment in school operated by board 10(1) Subject to subsection (2), a board shall direct a resident student of the board to enrol in and attend a particular school operated by the board.

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

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

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

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

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

(7) A parent of a student enrolled in a school operated by a board shall not request that the student be enrolled in another school during a school year unless the board operating the other school consents.

Section 11

Chapter E-0.3 EDUCATION ACT 31 Responsibility to students 11(1) A board shall ensure that each of its resident students is provided with an education program consistent with the requirements of this Act and the regulations.

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

(3) In respect of a student referred to in subsection (2), if a student’s behavioural, intellectual, learning, communication or physical characteristics, or a combination of any of them, impair the student’s ability and opportunity to learn, a board may determine that the student is in need of specialized supports and services.

(4) Subject to

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

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

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

b) where appropriate, consult with the student.

(6) The Minister may make regulations respecting the delivery of specialized supports and services. 2012 cE-0.3 s11;2015 c6 s6 Regulations and orders 11.1(1) The Minister may make regulations (

a) respecting in-person learning and at-home learning; (

b) respecting notification and consent relating to health measures; (

c) respecting the wearing of face masks or other face coverings; (

d) respecting policies that a board must establish and implement respecting in-person learning or at-home learning;

Section 12

Chapter E-0.3 EDUCATION ACT 32 (

e) defining, for the purposes of this Part, any term used but not defined in this Part.

(2) A regulation made under this

section may be general or specific in its application, including, without limitation, during an emergency.

(3) The Minister may, by order, do the following: (

a) prescribe emergencies for the purposes of

section 3.1(1)(f ); (

b) prescribe, for the purposes of

section 3.2(2)(a), health measures that relate to an emergency and are intended to apply to the body of a student; (

c) exempt, for the purposes of

section 3.2(2)(b)(ii), health measures that relate to an emergency and are intended to apply to the body of a student.

(4) The Regulations Act does not apply to an order made under subsection (3). 2024 c14 s5 International students 12 A board shall enrol all individuals who are entitled under

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

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

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

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

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

Section 15

Chapter E-0.3 EDUCATION ACT 33

(2) The Minister may make regulations (

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

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

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

a) enrol the student in that school, and (

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

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

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

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

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

section 4(7) applies to the student, of the Government, but

section 11(1) does not apply to that board or the Minister, as the case may

Section 16

Chapter E-0.3 EDUCATION ACT 34 be, with respect to that student while the student is enrolled in a school operated by a Francophone regional authority.

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

(5) A Francophone regional authority shall enrol a resident student of the Government in a school operated by the Francophone regional authority as requested by the Minister. 2012 cE-0.3 s15;2020 c11 s4

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

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

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

(3) The Minister may make regulations governing the provision of instruction in any language authorized under subsection (2). Courses, programs of study, etc. 18(1) The Minister may do the following: (

a) prescribe courses or programs of study;

Section 18.1

Chapter E-0.3 EDUCATION ACT 35 (

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

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

d) authorize learning and teaching resources for use in schoo ls; (d.1) approve any learning and teaching resources referred to in

section 18.1; (d.2) approve any external party using or providing learning a nd teaching resources referred to in

section 18.1; (

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

(2) The Minister may, by order, do the following: (

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

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

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

(4) The Minister may issue directives respecting the assessment of persons by the Minister. 2012 cE-0.3 s18;2015 c6 s7;2024 c14 s6 Learning and teaching resources re gender identity, sexual orientation or human sexuality 18.1(1) In this section, (a) “external party” means a person or organization other than (

i) a board or an employee of a board, (ii) a student, (iii) a student organization es tablished under

section 35.1, or (iv) a staff liaison designated, or responsible adult appointe d, under

section 35.1;

Section 19

Chapter E-0.3 EDUCATION ACT 36 (b) “learning and teaching res ources” means any resource used in a school to engage in learning or teaching, but does not include a resource (

i) created by a student, or (ii) accessed by a student indep endently, including through a school library.

(2) Subject to subsection (4), a board shall not use or permit the use or provision of learning and teaching resources that deal primarily and explicitly with gender identity, sexual orientation or human sexuality unless the learning and teaching resources are approved by the Minister.

(3) Where the use or provision of learning and teaching resources referred to in subsection (2) is by an external party, a board shall not permit that use or provision unless both the learning and teaching resources and external party are approved by the Minister. (4) Subsection (2) does not apply where the learning and teaching resources are used or provided to provide religious instruction.

(5) Where the use or provision under subsection (4) is by an external party, a board shall not permit that use or provision unless the external party is approved by the Minister.

(6) The Minister may establish approval criteria or requirements respecting learning and teaching resources and external parties for the purposes of this section. 2024 c14 s7 Alternative programs 19(1) In this section, “alternative program” means an education program offered by a board that (

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

b) uses a particular teaching philosophy, but that is not a religious education program offered by a separate school board of that religious denomination, a Francophone education program or specialized supports and services under

section 11.

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

Section 20

Chapter E-0.3 EDUCATION ACT 37 (

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

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

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

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

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

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

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

c) are in addition to the costs incurred by the board in providing education programs other than the alternative program. 2012 cE-0.3 s19;2015 c6 s8 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 home education program, including, without limitation, regulations respecting (

a) notification requirements to provide a home education program, and (

b) supervision requirements, if any, of a home education program. 2012 cE-0.3 s20;2020 c11 s5

Section 21

Chapter E-0.3 EDUCATION ACT 38 Early childhood services programs 21(1) A board or, with the approval of the Minister, other person may provide an early childhood services program to a child who, as of September 1, is younger than 6 years of age, if the parent of the child requests it.

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

(3) An early childhood services program provided by a board or other person must be consistent with the goals and standards adopted or approved by the Minister under

section 18(2)(b).

(4) A board or other person providing an early childhood services program shall manage, administer and operate the early childhood services program in accordance with this Act, the regulations and any policies established under the regulations.

(5) The Minister may by order establish minimum requirements that policies established under the regulations must meet.

(5.1) Section 229.1 applies in respect of an early childhood services program.

(5.2) For the purposes of

section 229.1, a reference to a board is deemed to include a reference to a person who provides an early childhood services program.

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

(7) Unless otherwise stated, if a child referred to in subsection (1) attends an early childhood services program, the child is not, by reason of attending that program, (

a) a resident student of the board, or (

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

(8) The Lieutenant Governor in Council may make regulations respecting early childhood services programs, including regulations respecting

Section 21

Chapter E-0.3 EDUCATION ACT 39 (

a) boards and other persons providing early childhood service s programs, including regulations establishing classes of boards or persons providing early childhood services programs; (

b) the management, administr ation and operation of early childhood services programs; (

c) the development, mainten ance and review of policies relating to the management, administration and operation of early childhood services programs; (

d) the governance of persons other than boards providing earl y childhood services programs, including regulations respecting the composition of boards of directors, quorum and voting requirements; (

e) remuneration, benefits, allowa nces, expenses or fees that may be paid or provided to directors, officers or individuals employed or engaged for services by boards or other persons providing early childhood services programs; (

f) contracts of employment or agreements to engage services that boards or other persons providing early childhood services programs have entered into or propose to enter into, including regulations respecting (

i) the review by the Ministe r of contracts or agreements, (ii) requirements that contr acts or agreements must meet, (iii) actions the Minister may take with respect to contracts or agreements that do not meet the requirements, and (iv) transitional matters with respect to the requirements referred to in subclause (ii) or the actions referred to in subclause (iii), including regulations authorizing the Minister to require amendment or termination of contracts or agreements; (

g) agreements and transactions with related parties that boards or other persons providing early childhood services programs have entered into or propose to enter into, including regulations respecting (

i) the determination as to w hether parties to agreements or transactions are related parties, (ii) the review by the Minister of agreements or transactions,

Section 21

Chapter E-0.3 EDUCATION ACT 40 (iii) requirements that agreemen ts or transactions must meet, (iv) actions the Minister may ta ke with respect to agreements or transactions that do not meet the requirements, and (

v) transitional matters with respect to the requirements referred to in subclause (iii) or the actions referred to in subclause (iv), including regulations authorizing the Minister to require amendment or termination of contracts or agreements; (

h) funding relating to early childhood services programs received under the Government Organization Act, including prohibitions on the transfer of such funding; (

i) financial reporting re lating to the management, administration and operation of early childhood services programs; (

j) audits of financial statements, including requirements, criteria and procedures for audits; (

k) the collection, use and disclosure by the Minister of information relating to the management, administration and operation of early childhood services programs, including personal information; (

l) the provision of information relating to the management, administration and operation of early childhood services programs to the Minister or other persons by boards or other persons providing early childhood services programs; (

m) the publication of informa tion relating to the management, administration and operation of early childhood services programs; (

n) confidentiality, publication, retention, storage and disposition of records relating to the management, administration and operation of early childhood services programs; (

o) monitoring and oversight of boards and other persons providing early childhood services programs to determine compliance with this Act, the regulations and the policies required under the regulations; (

p) actions the Minister may take in respect of a failure to comply with this Act, the regulations or the policies required under the regulations;

Section 22

Chapter E-0.3 EDUCATION ACT 41 (

q) exemptions from any requirements under the regulations; (

r) defining for the purposes of this Act any term that is use d but not defined in this Act.

(9) Regulations made under subsection (8) may apply to all boards or persons providing early childhood services programs or to a class of boards or persons providing early childhood services programs, and different regulations may be made in respect of different classes of boards or persons providing early childhood services programs. 2012 cE-0.3 s21;2015 c6 s9;2020 c11 s6;2021 c19 s2; 2022 c16 s4 Off-campus education programs 22(1) A board may provide off-campus education programs for its students.

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

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

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

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

(2) A board shall employ teachers in accordance with

section 198 to provide instruction in courses provided under this

section that conform with the courses prescribed or approved under

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

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

section 11(1).

(4) Notwithstanding

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

Section 24

Chapter E-0.3 EDUCATION ACT 42 student who is registered in a course prescribed or approved under

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

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

(6) A person who registers in a course developed or provided by a board under subsection (1) who is not otherwise a student enrolled in a school operated by the board is not, by reason of being registered in that course, (

a) a resident student of that board, or (

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

Part 9 of the Companies Act.

(2) On receipt of an application under subsection (1), the Minister shall, in accordance with the regulations, provide 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 b y the Minister.

(3) An application must be in the form and contain the information prescribed by the regulations. 2012 cE-0.3 s24;2020 c11 s7 Charter schools 25(1) The Minister may issue a charter to establish a charter school in accordance with the regulations if the Minister is of the opinion that the program to be offered by the charter school

Section 26

Chapter E-0.3 EDUCATION ACT 43 (

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, (

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

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

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

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

a) determine the initial term of a charter, (

b) renew the term of a charter, or (

c) repeal a charter.

(3) The Minister may by regulation establish criteria for issuing a charter to a charter school on a continuing basis. 2012 cE-0.3 s25;2020 c11 s8 Operation of charter schools 26(1) A charter school must be operated in accordance with the charter approved by the Minister.

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

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

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

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

(6) A charter school shall not be affiliated with a religious faith or denomination.

Section 27

Chapter E-0.3 EDUCATION ACT 44 Application of Act to charter schools 27(1) The following provisions and any regulations made under them apply to a charter school and its operation, and a reference in those provisions or those regulations to a board or a trustee is deemed to include a reference to the operator of a charter school or a member of the governing body of the operator of a charter school, as the case may be: (

a) sections 1 and 2; (

b) Part 1 except sections 4, 4.1, 10, 11(1), 14 and 15; (

c) Part 2 except sections 19, 20, 23, 28.1, 29 and 30; (

d) Part 3 except sections 33(1)(

k) and 34; (

e) Part 4 except sections 51, 53.1, 59, 59.1, 62 and 69(a), Division 4,

section 87(1)(

a) and (2),

section 91(

b) and (c), sections 92 to 96 and Division 5.1; (

f) in

Part 6, Division 1, sectio ns 171 and 180, and Division 8 except

section 191; (

g) P a r t 7 ; (

h) P a r t 8 .

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

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

section 25(3) or 28, and (

b) may make any provision of this Act or the regulations appl y to a charter school. 2012 cE-0.3 s27;2019 c7 s7;2020 c11 s9,14;2021 cR-5.7 s70 Regulations 28(1) The Minister may make regulations with respect to charter schools.

(2) An order under

section 27(2) or a regulation under subsection (1) may be general in its application or may apply to a particular charter school or a class of charter schools.

Section 28.1

Chapter E-0.3 EDUCATION ACT 45 Division 3 Independent Schools Recognition of independent schools 28.1 Independent schools are recognized as being important in providing parents and students with choice in education, and a person responsible for the operation of an independent school shall ensure students enrolled in the independent school are provided with an education program consistent with the requirements set out in the Act and the regulations. 2020 c11 s10;2025 c6 s7 Independent schools 29(1) A school may be registered as an independent school if the person who will be responsible for the operation of the proposed independent school applies to the Minister and the Minister is satisfied that (

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

section 18(2)(b), (

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

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

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

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

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

b) the Minister is satisfied that (

i) the person responsible for the operation of the independent school continues to meet the requirements under subsection (1), (ii) the person responsible for the operation of the independent school has the capacity, in accordance with

Section 29

Chapter E-0.3 EDUCATION ACT 46 the regulations, to deliver an appropriate education program to its students, and (iii) individuals employed to teach at the school have the qualifications approved by the Minister.

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

(3.1) A person responsible for the operation of an independent school shall manage, administer and operate the independent school in accordance with this Act, the regulations and any policies established under the regulations.

(3.2) The Minister may by order establish minimum requirements that policies established under the regulations must meet.

(4) The Minister may cancel or suspend the registration or accreditation of an independent school (

a) if the person responsible for the operation of the school does not comply, in the case of an independent school, with subsection (1) and, in the case of an accredited independent school, with subsections (1) and (2), (a.1) if the person responsible for the operation of the schoo l does not comply with the provisions of the regulations or policies that are prescribed by the regulations for the purposes of this clause, (

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

c) if, in the opinion of the M inister, the students at the independent school are not achieving acceptable educational progress, (

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

section 16, or (

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

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

Section 29

Chapter E-0.3 EDUCATION ACT 47

(6) If a person operates as an independent school a school that is not registered under subsection (1) or in respect of which the registration has been cancelled or suspended, the Minister may apply to the Court of King’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 sc hool is cancelled or suspended, as the case may be.

(6.1) This

section and any regulations made under subsection (7) do not apply (

a) in respect of an accredited independent school in relation to the operation, administration and management of an early childhood services program provided in the accredited independent school, and (

b) to a person responsible for the operation of an accredited independent school in its capacity as a person providing an early childhood services program under

section 21.

(7) The Lieutenant Governor in Council may make regulations respecting independent schools, including regulations (

a) establishing eligibility criteria that must be met by pers ons who propose to operate independent schools; (

b) respecting the management, operation and administration of independent schools; (

c) respecting the developmen t, maintenance and review of policies relating to the management, operation and administration of independent schools; (

d) respecting the remuneratio n, benefits, allowances, expenses or fees that may be paid or provided to directors, officers or individuals employed or engaged for services by persons responsible for the operation of independent schools; (

e) respecting contracts of employment and agreements to engage services that persons responsible for the operation of independent schools have entered into or propose to enter into, including regulations respecting (

i) the review by the Ministe r of contracts or agreements, (ii) requirements that contr acts or agreements must meet,

Section 29

Chapter E-0.3 EDUCATION ACT 48 (iii) actions the Minister may take with respect to contracts or agreements that do not meet the requirements, and (iv) transitional matters with respect to the requirements referred to in subclause (ii) or the actions referred to in subclause (iii), including regulations authorizing the Minister to require amendment or termination of contracts or agreements; (

f) respecting agreements and t ransactions with related persons that persons responsible for the operation of independent schools have entered into or propose to enter into, including regulations respecting (

i) the determination as to w hether parties to agreements or transactions are related parties, (ii) the review by the Minister of agreements or transactions, (iii) requirements that agreemen ts or transactions must meet, (iv) actions the Minister may ta ke with respect to agreements or transactions that do not meet the requirements, and (

v) transitional matters with respect to the requirements referred to in subclause (iii) or the actions referred to in subclause (iv), including regulations authorizing the Minister to require amendment or termination of contracts or agreements; (

g) respecting funding relating to independent schools under t he regulations under the Government Organization Act, including prohibitions on the transfer of such funding; (

h) respecting financial reporting relating to the management, administration and operation of independent schools; (

i) respecting audits of financial statements, including requirements, criteria and procedures for audits; (

j) respecting the collection, u se and disclosure by the Minister of information relating to the management, administration or operation of independent schools, including personal information; (

k) respecting the provision of information relating to the management, administration or operation of independent schools to the Minister or other persons by persons responsible for the operation of independent schools;

Section 30

Chapter E-0.3 EDUCATION ACT 49 (

l) respecting the publication of information relating to the management, administration and operation of independent schools; (

m) respecting the confidentiality, publication, retention, st orage and disposition of records relating to the management, administration and operation of independent schools; (

n) respecting the monitoring and oversight of persons responsible for the operation of independent schools to determine compliance with this Act, the regulations and the policies required under the regulations; (

o) prescribing provisions of the regulations or policies established under the regulations for the purposes of subsection (4)(a.1); (

p) respecting actions the Minister may take in respect of a failure to comply with this Act, the regulations or the policies required under the regulations; (

q) respecting exemptions from any requirements under the regulations; (

r) defining for the purposes of this Act any term that is use d but not defined in this Act. 2012 cE-0.3 s29;2015 c6 s10;2022 c16 s4;AR 217/2022;2025 c6 s8 Application of Act to independent schools 30(1) The following provisions and any regulations made under them apply to a registered or accredited independent 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 independent school or a member of the governing body of the operator of an independent school, as the case may be: (

a) sections 1 and 2; (

b) in

Part 1, sections 3, 3.1, 3 .2, 5, 6, 7, 9(2) and (4) and 11.1; (

c) in

Part 2, sections 16, 17, 18, 18.1, 28.1, 29 and 30; (

d) in

Part 3, sections 31, 32, 33.2 and 35.1,

section 42, exc ept subsection (3), in respect of appeals referred to in

section 58.2, and Division 7; (

e) in

Part 4, sections 56, 58.1, 58.11, 58.12, 58.2, 66 and 7 0; (

f) in

Part 7, sections 201, 229.1 and Division 3.1;

Section 31

Chapter E-0.3 EDUCATION ACT 50 (

g) in

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

(1.1) Section 33(1)(d), (2) and (3) apply to an accredited independent school and a board referred to in

section 33(1)(d), (2) and (3) is deemed to include a person responsible for the operation of an accredited independent school.

(2) Section 20 and any regulations made under

section 20(2) apply to an accredited independent school and its operation, and a reference in that

section 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 independent school or a member of the governing body of the operator of an accredited independent school.

(3) Section 21, except subsection (7), and any regulations made under

section 21(8) apply to an accredited independent school and its operation. 2012 cE-0.3 s30;2015 c1 s2;2015 c6 s11;2019 c7 s8;2020 c11 s11; 2021 c19 s2;2022 c7 s3;2022 c16 s4;2024 c14 s8;2025 c6 s9

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

a) attend school regularly and punctually, (

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

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

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

e) refrain from, report and no t tolerate bullying or bullying behaviour directed toward others in the school, whether or not it occurs within the school building, during the school day or by electronic means, (

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

Section 32

Chapter E-0.3 EDUCATION ACT 51 (

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

h) be accountable to the studen t’s teachers and other school staff for the student’s conduct, and (

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

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

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

section 31, (

c) ensure that the child attends school regularly, (

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

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

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

g) engage in the child’s school community. 2012 cE-0.3 s32;2019 c7 s9 Board responsibilities 33(1) A board, as a partner in education, has the responsibility to (

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

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

c) provide, where appropriate, for the engagement of parents, students, staff and the community, including municipalities and the local business community, in board matters,

Section 33

Chapter E-0.3 EDUCATION ACT 52 including the board’s plans and the achievement of goals and targets within those plans, (

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

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

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

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

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

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

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

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

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

l) comply with all applic able Acts and regulations, (

m) establish appropriate dispute resolution processes, and (

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

(1.1) No board shall, in a code of conduct developed and implemented under subsection (1)(k), include, as a sanction that may be imposed by the board for a breach of that code, disqualification of a person from remaining as a trustee of the board.

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

d) to provide

Section 33.1

Chapter E-0.3 EDUCATION ACT 53 a welcoming, caring, respectful and safe learning environment that includes the establishment of a code of conduct for students that addresses bullying behaviour.

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

a) be made publicly available, (

b) be reviewed every year, (

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

d) contain the following elements: (

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

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

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

k) or (3)(

e) must be made publicly available. 2012 cE-0.3 s33;2019 c7 s10;2023 c9 s7;2025 c6 s10 Exemption from

section 33 33.1 The Lieutenant Governor in Council may, by order, exempt an accredited independent school or a class of accredited independent schools from the operation of all or part of

section 33. 2019 c7 s11;2025 c6 s11

Section 33.2

Chapter E-0.3 EDUCATION ACT 54 Responsibilities re parental notification and consent for preferred name and pronouns 33.2(1) In this section, “new preferred name or pronouns” means a name or pronouns that (

a) vary from the name or pronouns that teachers, teacher leaders and other school staff have regularly used when referring to the student, and (

b) the student prefers for reasons related to the student’s gender identity.

(2) Subject to subsection (4), if a student requests that a new preferred name or pronouns be used by teachers, teacher leaders and other school staff when referring to the student in school, the board shall notify the student’s parent of the request.

(3) A teacher, teacher leader or other school staff member shall not use a new preferred name or pronouns when referring to a student in school, (

a) in the case of a student wh o is 16 or 17 years of age, until the student’s parent is notified under subsection (2), or (

b) in the case of a student who is under 16 years of age, (

i) until the student’s parent is notified under subsection (2), and (ii) unless the parent provides consent for the new preferred name or pronouns to be used by teachers, teacher leaders and other school staff when referring to the student in school.

(4) Where (

a) notifying the student’s parent is reasonably expected to cause emotional or psychological harm to the student, or (

b) the student requests access to assistance, the board shall ensure that the student is provided with counselling or other assistance before notifying the student’s parent.

(5) No action lies against any of the following for anything done or omitted to be done in good faith when acting or purporting to act under this section: (

a) t h e C r o w n ;

Section 34

Chapter E-0.3 EDUCATION ACT 55 (

b) a member or f ormer member of the Executive Council; (

c) a board, trustee, Francophone regional authority, operator of a charter school or person responsible for the operation of an independent school; (

d) any current or former employee of or individual currently or formerly engaged for services by (

i) t h e C r o w n , (ii) a board, (iii) a Francophone regional authority, (iv) the operator of a charter school, or (

v) the person responsible for the operation of an independent school. 2024 c14 s9 Trustee responsibilities 34 A trustee of a board, as a partner in education, has the responsibility to (

a) fulfil the responsibilities of the board as set out in sec tion 33, (

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

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

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

(2) The purpose of subsection (1) is to promote awareness and understanding of bullying and its consequences in the school community.

Section 35.1

Chapter E-0.3 EDUCATION ACT 56 Support for student organizations 35.1(1) If one or more students attending a school operated by a board request a staff member employed by the board for support to establish a voluntary student organization, or to lead an activity intended to promote a welcoming, caring, respectful and safe learning environment that respects diversity and fosters a sense of belonging, the principal of the school shall (

a) permit the establishment of the student organization or the holding of the activity at the school, and (

b) designate a staff member to serve as the staff liaison to facilitate the establishment, and the ongoing operation, of the student organization or to assist in organizing the activity.

(2) For the purposes of subsection (1), an organization or activity includes an organization or activity that promotes equality and non-discrimination with respect to, without limitation, race, religious belief, colour, gender, gender identity, gender expression, physical disability, mental disability, family status or sexual orientation, including but not limited to organizations such as gay-straight alliances, diversity clubs, anti-racism clubs and anti-bullying clubs.

(3) The students may select a respectful and inclusive name for the organization, including the name “gay-straight alliance” or “queer- straight alliance”, after consulting with the principal.

(4) The principal shall immediately inform the board and the Minister if no staff member is available to serve as a staff liaison referred to in subsection (1), and if so informed, the Minister shall appoint a responsible adult to work with the requesting students in organizing the activity or to facilitate the establishment, and the ongoing operation, of the student organization at the school.

(5) If a staff member indicates to a principal a willingness to act as a staff liaison under subsection (1), (

a) a principal shall not inform a board or the Minister under subsection (4) that no staff member is available to serve as a staff liaison, and (

b) that staff member shall be deemed to be available to serve as the staff liaison. 2015 c1 s2

Section 36

Chapter E-0.3 EDUCATION ACT 57 Division 3 Student Discipline Suspension 36(1) A teacher or a principal may suspend a student in accordance with subsection (2) or (3) if in the opinion of the teacher or principal (

a) the student has failed to comply with

section 31, (

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

section 33(2), (

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

d) the student has distribut ed an intimate image of another person in the circumstances described in

section 1(1.1).

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

(3) A principal may suspend a student (

a) from school, (

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

c) from transportation provided under

section 59, or (

d) from any school-related activity.

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

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

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

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

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

section 37. 2012 cE-0.3 s36;2017 cP-26.9 s11

Section 37

Chapter E-0.3 EDUCATION ACT 58 Expulsion 37(1) If a student is suspended in accordance with

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

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

section 31, (

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

section 33(2), (

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

d) the student has distribut ed an intimate image of another person in the circumstances described in

section 1(1.1).

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

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

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

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

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

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

section 59 or a school-related activity, or (

b) to expel the student.

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

Section 38

Chapter E-0.3 EDUCATION ACT 59

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

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

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

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

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

b) of the right to request a review under

section 43.

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

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

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

section 33(1)(e), and (

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

section 7. 2012 cE-0.3 s37;2017 cP-26.9 s11;2019 c7 s12 Division 4 Student Advisory Council Student advisory council 38 The Minister may establish a student advisory council consisting of as many student members appointed by the Minister as the Minister considers necessary for a term determined by the Minister. Functions of student advisory council 39 The student advisory council shall (

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

Section 40

Chapter E-0.3 EDUCATION ACT 60 (

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

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

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

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

b) apportion the cost of provid ing the services required under the plan between the board and the Government.

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

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

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

Section 41

Chapter E-0.3 EDUCATION ACT 61

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

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

(9) A parent or a board may request in writing that the Minister review a confirmation made under subsection (2) or a plan developed or approved under subsection (3) by a Complex Education Needs Tribunal. Division 6 Dispute Resolution School dispute resolution 41 A board shall establish a policy respecting the resolution of disputes or concerns at the school level between parents and school staff that supports a co-operative and collaborative learning environment for students. Appeal to board 42(1) The failure of a person to make a decision is deemed to be a decision that may be appealed under this section.

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

section 52(1) to make a decision, (

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

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

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

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

section 41.

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

section 56 may appeal to a board a decision of an employee of the board respecting access to or the accuracy or completeness of the student

Section 43

Chapter E-0.3 EDUCATION ACT 62 record within a reasonable time from the date that the person was informed of the decision.

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

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

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

(8) A board shall make a decision under this

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

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

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

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

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

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

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

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

Section 45

Chapter E-0.3 EDUCATION ACT 63 matter in any manner the Minister considers appropriate in order to determine whether the decision of the board was reasonable in the circumstances.

(2) Where the Minister reviews a matter under subsection (1), the Minister may, subject to this Act and the regulations, make whatever decision with respect to the matter in dispute appears to the Minister to be appropriate in the circumstances, and that decision is final.

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

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

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

schedule a formal hearing of the Attendance Board in accordance with

section 48.

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

schedule a formal hearing of the Attendance Board in accordance with

section 48. 2012 cE-0.3 s47;2025 c6 s12

Section 48

Chapter E-0.3 EDUCATION ACT 64 Hearing before Attendance Board 48(1) For the purposes of conducting a hearing before the Attendance Board, the following applies: (

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

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

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

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

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

b) or (

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

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

f) the rules of evidence app licable to judicial proceedings do not apply; (

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

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

Section 48

Chapter E-0.3 EDUCATION ACT 65 (

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

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

k) a hearing must be held in public; (

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

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

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

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

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

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

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

(3) Any person other than the student and a parent of the student who, in the opinion of the Attendance Board, has knowledge of the matter before the Attendance Board is a compellable witness in proceedings before the Attendance Board.

(4) Notice under this

section may be served personally on the person required to be served or by being sent to that person by registered or certified mail. 2012 cE-0.3 s48;AR 217/2022;AR 75/2023;2025 c6 s12

Section 49

Chapter E-0.3 EDUCATION ACT 66 Order of Attendance Board 49(1) On hearing a matter referred to it, the Attendance Board may, subject to any terms or conditions that the Attendance Board considers proper in the circumstances, make an order doing one or more of the following: (

a) directing the student to attend school; (

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

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

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

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

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

a) to (

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

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

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

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

c) reconvene the proceedings to hear further evidence, if the Attendance Board considers it necessary to do so, consider the interim order and make a final order under subsection (1).

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

(4) On the filing of a copy of an order with the clerk of the Court of King’s Bench pursuant to subsection (3), the order of the

Section 50

Chapter E-0.3 EDUCATION ACT 67 Attendance Board has the same force and effect as if the order were an order of that Court.

(5) A copy of the order as filed must be sent to the Minister and any person to whom notice of the order is sent. 2012 cE-0.3 s49;2019 c7 s13;AR 217/2022;2025 c6 s13 Attendance Board panels 50(1) The chair or a vice-chair of the Attendance Board may designate a panel consisting of (

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

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

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

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

b) binds all members of the Attendance Board.

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

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

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

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

Section 51

Chapter E-0.3 EDUCATION ACT 68

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

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

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

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

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

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

a) any of its employees, (

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

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

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

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

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

(4) A board shall not delegate (

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

Section 53

Chapter E-0.3 EDUCATION ACT 69 (

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

section 62, (

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

d) the power to hold a hearing under

section 212.

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

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

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

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

section 33, (

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