Bill 18 – The Education Act

ASBA Spring General Meeting

June 6, 2011

Agenda

Purpose of the Session

Education Act and Policy Shifts

Of Particular Interest…• Responsibilities

• Trustees

• Opportunities for Learning

• Natural Person Powers

• Transportation

• School Closures

Next Steps

Purpose of the Session

• This session will be an opportunity:

– To hear a brief overview of the

changes in the Education Act

– To discuss in small groups what the

changes will mean for boards

– To carry these discussions to the

larger group and ask questions

about the Act

The Education Act and Policy Shifts

• Boards Engaging Partners

• Educational Opportunities

• Governance of Education

Boards Engaging Partners

• Roles and responsibilities

– Boards

– Trustees

– Parents

– Students

• Natural person powers

Educational Opportunities

• Access

• Compulsory education

• Responsibility for students

• Student residence

Governance of Education

• School divisions

• Separate school establishment

• Transportation

• Appointed trustees

Of Particular Interest –

Responsibilities

Boards – Section 33

A board has the responsibility to

(c) provide, where appropriate, for the

engagement of parents, students, staff and the

community on board matters, including the

board's plans and the achievement of goals and

targets within these plans.

Of Particular Interest –

Responsibilities

Boards – Section 33

A board has the responsibility to

(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.

Of Particular Interest –

Responsibilities

Boards – Section 33

A board has the responsibility to

(j) 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.

Of Particular Interest –

Responsibilities

Boards – Section 84(1)

A person is disqualified from remaining as a

trustee of a board if that person

(c) has breached the code of conduct of the

board established under section 33, here the

sanction for the breach under the code of

conduct may be determined by the board to be

disqualification

Of Particular Interest –

Responsibilities

Students – Section 31

A student has the responsibility to

(c) Refrain from, report and not tolerate bullying

or bullying behaviour directed toward others in

the school, whether or not it occurs within the

school building, during the school day or by

electronic means.

Of Particular Interest –

ResponsibilitiesParents – Section 32

A parent of a child who is a student or enrolled in an

early childhood services program has the

responsibility to

(b) take an active role in the child’s educational

success,

(d) ensure that the parent's conduct contributes to a

caring, respectful and safe environment,

(f) respect the professional judgment of teachers,

principals and other school staff and professionals

providing supports and services in the school.

Of Particular Interest –

Trustees

Who may vote – section 71(4)

Notwithstanding the Local Authorities Election Act,

a resident of a separate school division is eligible

(a) to vote for, and

(b) to be nominated as a candidate for election as,

a trustee of the board of either the public school

division or the separate school division in which

the person's residence is located, but not both.

Of Particular Interest –

Trustees

Appointment of trustees – Section 79(1)

Where 2 attempts to fill a vacancy on a board

have been made and no nominations have been

put forward, whether as part of a general

election or a by-election held in accordance with

section 78, the Minister may, in consultation with

the board, appoint a trustee to fill that vacancy.

Of Particular Interest –

Trustees

Appointment of trustees – Section 81(1)

Where a board has entered into one or more

education services agreements pursuant to

section 60,

(a) the board by resolution, or

(b) the Minister, at the request of the board or in

consultation with the board and the band,

may appoint a trustee to represent First Nations

students and parents on the board.

Of Particular Interest –

Trustees

Trustee obligations – Section 34

A trustee of a board has the responsibility to

(a) fulfill the responsibilities of the board, as set

out in section 33

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

(d) engage parents, students and the community

on matters related to education.

Of Particular Interest –

Opportunities for Learning

Access to education – section 3

Every person

(a) who at September 1 in a year is 6 years of

age or older and younger than 21 years of

age,

is entitled to have access in that school year to an

education program in accordance with this Act.

Of Particular Interest –

Opportunities for Learning

Access to education – section 3

Every person

(b) who

(i) is a resident of Alberta, and

(ii) 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.

Of Particular Interest –

Opportunities for Learning

Student residence – section 1(4)

For the purposes of this Act

(a) “resident of Alberta” means a person

(i) who is lawfully entitled to be in and remain in

Canada, and

(ii) who makes the person's residence, and is

ordinarily present, in Alberta,

but does not include a tourist or visitor to Alberta;

Of Particular Interest –

Opportunities for Learning

Student residence – section 1(4)

For the purposes of this Act

(b) “resident of Canada” means a person

(i) who is lawfully entitled to be in and remain in

Canada, and

(ii) who makes the person's residence, and is

ordinarily present, in Canada,

but does not include a tourist or visitor to

Canada.

Of Particular Interest –

Opportunities for Learning

Compulsory education – section 7(1)

A person who

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

resident of Canada,

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

older, and

(c) subject to subsection (2), is younger than 17

years of age,

shall attend school.

Of Particular Interest –

Opportunities for Learning

Resident students – section 4(1)

Subject to this section, a student is a resident

student of the board of the school division in

which the student resides.

Of Particular Interest –

Natural Person Powers

Natural person powers – section 48

(1) A board has the capacity and, subject to this

Act and the regulations, the rights, powers and

privileges of a natural person.

Of Particular Interest –

Natural Person Powers

Natural person powers – section 48

(2) With respect to any right, power or privilege

exercisable by a board the Minister may, by

regulation,

(a) prohibit or restrict eh sue of the right,

power or privilege;

(b) provide that the right, power or privilege is

to be exercised subject to any terms or

conditions prescribed in the regulations.

Of Particular Interest –

Natural Person Powers

Natural person powers – section 48

(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.

Of Particular Interest –

Transportation

Policy requirement – section 56(1)

Subject to the regulations, a board shall

establish, maintain and implement a policy

respecting the safe and appropriate

transportation of students.

Of Particular Interest –

Transportation

• “Safe and appropriate”

• Regulations – section 56(4)

• Funding

• How far is 2.4 kilometres?

Of Particular Interest –

School Closures

School closures – section 59

(1) A board may, only by resolution, permanently

or temporarily

(a) close a school, or

(b) transfer students from one school building

to another school building.

Of Particular Interest –

School Closures

School closures – section 59

(2) A board shall establish, implement and make

publicly available policies respecting the

actions referred to in subsection (1).

(3) A policy established pursuant to subsection (2)

must be consistent with any regulations made

by the Minister under this section.

Of Particular Interest –

School Closures

School closures – Policy Requirements

Section 59(5) A policy established pursuant to

subsection (2) must provide for

(a) adequate opportunity for the public to respond,

(b) a process for dealing with the response,

(c) future growth in student enrollment, and

(d) possible alternative educational or community

uses for all or part of the school building.

Next Steps

• Engagement

• Passing the Act

• Regulatory review

• Proclamation