Bill 67 — A Bill To Enable the Granting of Greater Independence To Certain School Districts (Legislature 14, Session 5)

L14 S5 1806

Alberta — Bills

No. 67 5th Session, 14th Legislature, Alberta 11 Elizabeth II BILL 67 A Bill to Enable the Granting of Greater Independence to Certain School Districts HON. MR. AALBORG Printed by L. S. WALL, Printer to the Queen's Most Excellent :'IIajesty, Edmonton, Alberta, 1963

Explanatory Note General-This Bill sets out

an Act to enable certain city school districts to exercise greater responsibility with respect to the management of their schools and the program of studies offered at their schools. 2. Meaning of words. 3. Application for accredited status. 4. Duties of Minister on receipt of application. s. Public hearings are to be held after the Minister gives a provisional approval.

BILL No. 67 of 1963

An Act to Enable the Granting of Greater Independence to Certain School Districts (Assented to , 1969) HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Alberta, enacts as follows: 1. This Act may be cited as "The Accredited School Dis tricts Act". 2. Words used in this Act have the same meaning as they have in The School Act. Establishment of an Accredited School District 3.

(1) The board of trustees of a city school district that has an enrolment 'Of pupils in its s'chools in excess of ten thous'and may apply to the Minister to become an accredicted school district.

(2) The a:pplicatiQn shall be made in writing on or before the first day of February in any year. 4.

(1) The Minister shall cause a survey and study of the district to be made, including its administration, its school plant, its staff, its schoQI program, and any other aspe~ts of the business and operations of the district.

(2) For this purpose he shall establish such committee or board of ex'am'iners as he considers necessary.

(3) Upon receipt of the report covering the surveyor study the Minister may give, or decline to give, in his dis cretion, provisional approval of the application. 5.

(1) Where the Minister gives a provisional approval he shall cause a notice to be published in three consecutive issues of at least one newspaper published and circulated in the district (

a) stating that he has given his provisional approval Qf the application, and (

b) stating the times and places at which one or more public hearings are tQ be held for the purpose of he'aring argument for or against the school dis trict being an accredited school district.

2 6. Withdrawal of provisional approval. 7. 'Est'ablishment of an accredited school district after a plebiscite of the electors. 8. Establishment of an accredited school district when no petition for a plebiscite is presented. 9. Application deemed to be withdrawn if not confirmed by September 1st.

(2) The notice shall be published not later than the first day of July and any public hearing shall be com menced not later than the first day of August in the year in which the application is made.

(3) The public hearing shall be conducted by a person appointed by the Minister who shall report thereon to the Minister and to the board of the school district. 6. The Minister, if he c'Onsiders it a fit and proper case to do S'O, may withdraw a provisional approval at any time (

a) after a public hearing is held as mentioned in

section 5, and (

b) before a petition is presented as mentioned in sec tion 7. 7.

(1) Where the b'Oard 'Of the school district advises the Minister 'On or bef'Ore the first day of September in the year in which the application is made that it wishes to proceed with the application, then, (

a) if the Minister has not withdrawn his provisional approval, and (

b) if a petition reques,ting a plebiscite and bearing the signatures of at least five hundred electors 'Of the district is submitted to the board on Dr befDre the thirtieth day of September in that year, there shan be held at the time of the next election of trustees a vote of the electors to determine whether they are f'Or or against the district being an accredited school district.

(2) On a vote under subsection (1), the question on the ballot shall be in a form appr'Oved by the Minister.

(3) If a majority of the electors v'Oting are in favour of the question the Lieutenant Governor in C'Ouncil shall declare the district to be an accredited school district as 'Of the thirty-first day of December in the year in which the applicati'On is made. S. Where the board of the school district advises the Minister on or before the first day of September in the year in which the application is made that it wishes to proceed with the applicati'On, then, (

a) if the Minister has not withdrawn his provisional approval, and (

b) no petition as mentioned in

section 7 is received by the board on or before the thirtieth day of Sep tember in that year, the Lieutenant Governor in Council shall declare the dis trict to be an accredited school district as of the thirty first day of December in the year in which the application is made. 9. If by the first day of September in the year in which the applicatiDn is made, the bDard does not advise the

3 10. Effect of Minister's decisions. II. Accredited school districts given greater freedom in deter mining the program of studies in its schools. 12. M·aintenance of academic standards in accredited school dis tricts. 13. Certain prOVISIons of The School Act are not applicable to accredited school districts. 14. The School Foundation Program Fund does not apply with respect to accredited school districts. 15. Grants under The School Grants Act. 16. An accredited school district may be empowered to levy and collect its own taxes instead of making requisition upon the city.

3 Minister of its wish to proceed with the application, the application shall he deemed to have been withdrawn. 10. A decision of the Minister (

a) to refuse to give a provisional approval, or (

b) to withdvaw a provisional approval, is final and the application is thereby rej ected but a new application pursuant to

section 3 may be made by the school board in any year thereafter. Powers of an Accredited School District 11.

(1) Subject to suhsection (2), an accredited school diS'tdct is not required to use in its schools the programs 'Of study or the text books issued or prescribed by the IVIinister pUfjsuant to The Department of Education Act.

(2) An accredited school districrt shall 'Offer such min imum program of studies in its elementary, junior high and high schools as may be prescribed by the Minister. 12.

(1) An accredited school district shall administer to its pupils such examinations as the Minister may pre scribe and, if directed by the Minister to do so, shall arrange for the m,arking of the examinations and report the results in respect of each pupil to the Minister.

(2) An accredited school district shall permit inspectors and other officers of the Department to enter its schools to examine the work being done therein and to administe,r tests and conduct surveys. 13.

(1) The foll'Owing provisions of The School Act do not applly with respect to an accredited school district: sections 340 and 341; subsecti'Ons (2) to (5) 'Of

section 350; subsections (2) to (9) of

section 350a; sections 351 to 357; subsections (3) and (3a) of

section 371; sections 371a and 372; sections 377 to 380.

(2) The board of an accredited school district may make its own rul'es in respect 'Of the matters referred to in the provisions men tioned in subsection (1).

Section 304a of The School Act and the regulations thereunder do not apply to an accredited school district or to any municipality in respect of such a district. 15. The Lieutenant Governor in Counc,n shall, in con formity with The School Grants Act, prOVIde for the pay ment of grants to accredited school districts. 16.

(1) The board of an accredited school district may apply ,to the Minister for a declaration that

section 385 of

17. Control of school building projects by accredited school dis tricts. 18. Application to revert to an ordinary school district. 19. A city school district may be re-established on the recom mendation of the Minister. 20. Authority to make regulations. 21. Commencement of Act.

4 The School Act d'Oes not apply to the district and the Min ister, with ,the approval 'Of the Lieutenant Governor in Council, may declare that the

section does not apply to the di~trict after the thirty-first day of December next followIng the making of his order.

(2) Where

section 285 does not apply to an accredited school district, the district may levy and collect its own taxes ~nd has a~l the powers 'Of a city under

Part VIII of The Ctty Act wIth respect to assessment and taxation. 17.

(1) The School Buildings Act does not 'apply to an accredited school district with respect to any school building the contract for construction of whieh is entered into after the district became an accredited school district.

(2) It is not necessary for an accredited school district to give notice to or obtain the consent or approval of the Minis1ter 'Or the Department when exercising any of the powers set out in sections 223 to 230 of The School Act. Termination of Accredited Status 18.

(1) The board of an accredited school district may apply to the Minister to revel't to the status of an 'Ordinary city 'school district. (2) 'The application shall be made in writing on or before the first day of February in any year.

(3) T:he Minister may give his provisional approval of the ,application and where he does, the procedures set out in sections 5 to 10 ,shall, with the necessary changes being made, be foHowed to determine whether or not the district is to cease being an accredited school district. ( 4) An order declaring a dis,trict to be no I'Onger an a'ccred'ited school district is effective as of the thirty-first day of December in the year in which the application is made. 19.

The Minister may from time to time review the performance of an accredited school district and at any time after an accredited school district has been in existence for five years the Lieutenant Governor in Council, 'On the recommendation 'Of the Minister, may declare the district t'O be no longer an accredited school district effective as of the thirty-first day of December in any year. 20. The Lieutenant Governor in Council may make such rules, regulations 'and orders, not inconsistent with this or any other Act, as he considers neceRsary to carry out the intent of this Act. 21.

This Act comes int'O force on the day upon which it is assented to.

No. 67 FIFTH SESSION FOURTEENTH LEGI'SLA TURE 11 ELIZABETH II 1963 BILL

An Act to Enable the Granting of Greater Independence to Certain School Districts Received and read the First time Second time Third time HON. MR. AALBORG Title: 1963 (14th, 5th) Bill 67,

An Act to Enable the Granting of Greater Independence to Certain School Districts

Document details

Collection	Alberta — Bills
Citation	L14 S5 1806
Type	bill
Volume / chapter	L14 S5 1806
Language	en
Format	json
Source	PROVINCIAL
Identifier	fb07915547e41802c9cc5ed8677a9923a4dd3171

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