1. Education Act
A Primer on the new legislation
May 2011
March, 2010
2. Education Act and Policy Shifts
• Represents input received through public
engagements
• Timelines and political context
• Policy shifts discussed within three themes:
1. Boards engaging partners
2. Educational opportunities
3. Governance of education
3. Theme #1 - BOARDS ENGAGING PARTNERS
Opportunity: The collaboration and cooperation of all partners in
the education system ensures the educational success of every
student in Alberta.
Education Act reference: Preamble, Section 33, 34, 50
4. BOARDS ENGAGING PARTNERS
Natural Person Powers
Opportunity: Locally elected boards use their autonomy and
flexibility to engage in or carry out any activity that is consistent
with the responsibilities of a board as outlined in the act.
Education Act reference: Sections 33, 48, 50
5. BOARDS ENGAGING PARTNERS
Responsibilities and powers of school boards
Opportunity: Board responsibilities that reflect a student-
centred focus and the principles of inclusiveness, fairness,
diversity and excellence provide a strong basis for board action
and will assist all stakeholders in the education system to
understand the work of locally elected boards.
Education Act reference: Sections 11, 33, 48, 50
6. BOARDS ENGAGING PARTNERS
Engaging with educational partners
Opportunity: Educational opportunities for students are
enhanced through the board’s engagement of students, parents,
staff, the community and educational partners.
Education Act reference: Preamble, Sections 33(1)(c)(f), 34(d),
50(1)(c), 52
7. BOARDS ENGAGING PARTNERS
Caring, respectful and safe environments for students and staff
Opportunity: Alberta’s schools are caring, respectful and safe
environments for all students and staff.
Education Act reference: Preamble, Sections 31(c), 32(d),
33(1)(d), 33(2)
8. BOARDS ENGAGING PARTNERS
Specialized supports and services
Opportunity: Specialized supports and services are provided for
all students determined by a board to be in need of these
supports and services.
Education Act reference: Preamble, Sections 11, 33(1)(e), 37, 39,
40, 41
9. BOARDS ENGAGING PARTNERS
Principles of inclusive education
Opportunity: All students are included in one education system
that takes responsibility for all students and focuses on their
strengths and emphasizes what they can do.
Education Act reference: Preamble, Section 33(1)(e)
10. BOARDS ENGAGING PARTNERS
Board code of conduct
Opportunity: Boards determine locally a code of conduct which
sets the stage for the board to deal with trustee behavior and
conduct issues.
Education Act reference: Sections 33(1)(j), 34, 84
11. BOARDS ENGAGING PARTNERS
Appointment of superintendent
Opportunity: The board has the authority to appoint the
superintendent and to set out the process by which it will select
the superintendent.
Education Act reference: Sections 33(1)(i), 217-219
12. BOARDS ENGAGING PARTNERS
Responsibilities of trustees
Opportunity: A trustee’s primary responsibilities are clearly
stated and understood.
Education Act reference: Section 34
13. BOARDS ENGAGING PARTNERS
Responsibilities of parents
Opportunity: The responsibilities of parents are identified and
signal the important role parents play in their children’s
education.
Education Act reference: Preamble, Section 32
14. BOARDS ENGAGING PARTNERS
Responsibilities of students
Opportunity: Students understand and demonstrate the active
role they play in their learning and the environment of those
around them.
Education Act reference: Section 31
15. Theme #2 - EDUCATIONAL OPPORTUNITIES
Opportunity: The Education Act provides the legislative
framework for many new educational opportunities for students
in Alberta.
Education Act reference: Preamble, Sections 11, 33, 50
16. EDUCATIONAL OPPORTUNITIES
Age of access
Opportunity: Students will have additional time to successfully
complete high school programming as the upper age limit has
been extended to 21 years.
Education Act reference: Section 3
18. EDUCATIONAL OPPORTUNITIES
Student residency
Opportunity: Every person who at September 1 in a year is six
years of age or older and younger than 21 years of age who is a
resident of Alberta and who has a parent who is a resident of
Canada is entitled to an education program as outlined in the
act.
Education Act reference: Sections: 3-5, 10, 11
20. EDUCATIONAL OPPORTUNITIES
Francophone education program
Opportunity: Francophone minority language rights guaranteed
under the Constitution of Canada are supported and more
clearly outlined.
Education Act reference: Preamble, Sections 1(h)(i)(j)(k), 14, 15,
121-132, 255(7)(8)(9)
22. EDUCATIONAL OPPORTUNITIES
Charter schools
Opportunity: Through their innovative approaches to education
and focus on research, charter schools provide educational
choices and opportunities for parents and students.
Education Act reference: Sections 24-28, 255(2)
23. EDUCATIONAL OPPORTUNITIES
Education services agreements
Opportunity: Education services agreements between school
boards and First Nations bands and/or the federal government
include accountability for educational outcomes, the recognition
of the unique needs of First Nations students, and commit to
engage all parties to the agreement.
Education Act reference: Preamble, Section 60
24. EDUCATIONAL OPPORTUNITIES
Suspensions and expulsions
Opportunity: Students are taking responsibility for their own
actions and contributing to a caring, respectful and safe
environment.
Education Act reference: Sections 31, 35, 36, 40
26. EDUCATIONAL OPPORTUNITIES
Attendance boards and informal case-conferencing
Opportunity: Through earlier and more encompassing
interventions at the local level greater success is achieved in
dealing with student attendance issues.
Education Act reference: Sections 9, 42-47
27. Theme #3 - GOVERNANCE OF EDUCATION
Opportunity: Within the provincial framework provided by the
Education Act, local school boards are in the best position to
determine the needs of students and the programming needed
to meet these needs.
Education Act reference: Preamble, Sections 33, 34, 50
28. GOVERNANCE OF EDUCATION
Districts, divisions and regional divisions becoming divisions
Opportunity: The new act provides for all governance units
presently known as school districts, school divisions and regional
divisions to become school divisions.
Education Act reference: Section 255(10)(11)
29. GOVERNANCE OF EDUCATION
Ward establishment
Opportunity: School boards determine the boundaries of wards
or electoral subdivisions.
Education Act reference: Section 73, 255(4)(5)
30. GOVERNANCE OF EDUCATION
Separate school district establishment
Opportunity: Minority denominational rights, either Protestant
or Roman Catholic, guaranteed under the Constitution of Canada
are honored.
Education Act reference: Preamble, Sections 106-119
31. GOVERNANCE OF EDUCATION
Separate school elector choice
Opportunity: Separate School electors have choice as to which
jurisdiction, public or separate, they may vote or run for election
as a trustee.
Education Act reference: Sections 71, 132
32. GOVERNANCE OF EDUCATION
Regulations related to board governance and administrative
procedures
Opportunity: The Education Act has fewer procedural and
administrative sections and focuses more on students and
meeting their educational needs.
Education Act reference: Part 4, Division Two, Sections 61-66
34. GOVERNANCE OF EDUCATION
School closures
Opportunity: School boards are in the best position to make
decisions about school buildings which support student
achievement and make appropriate use of space.
Education Act reference: Section 59
35. GOVERNANCE OF EDUCATION
Transportation
Opportunity: Boards have flexibility and are responsive to the
needs of their community in determining how to best provide
safe and appropriate transportation to their students.
Education Act reference: Section 50(2)(c)(ii), 56
36. GOVERNANCE OF EDUCATION
Appointed trustees
Opportunity: The appointment of trustees where a vacancy has
occurred between elections or where an education services
agreement exists ensures greater representation of
stakeholders.
Education Act reference: Sections 79, 81
37. GOVERNANCE OF EDUCATION
Board borrowing
Opportunity: Circumstances in which a board is not required to
obtain the prior approval of the Minister before borrowing for
operating or capital expenditures are clarified.
Education Act reference: Section 176
38. GOVERNANCE OF EDUCATION
Acquisition of property
Opportunity: Boards are provided greater flexibility as related to
the acquisition of property.
Education Act reference: Section 184
39. GOVERNANCE OF EDUCATION
Petitions, notice of public meetings, public meetings,
regulations
Opportunity: Administrative sections of the act have been
removed and will be placed in regulations.
Education Act reference: Sections 242-245
40. EDUCATION PROFESSIONS
Opportunity: A review of this part of the act and the Teaching
Professions Act will occur at a later date and will form the basis
of a new education professions and occupations act.
Education Act reference: Part 7, Sections 191-237