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Education Act
              A Primer on the new legislation
                        May 2011



March, 2010
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
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
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
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
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
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)
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
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)
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
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
BOARDS ENGAGING PARTNERS

Responsibilities of trustees

Opportunity: A trustee’s primary responsibilities are clearly
stated and understood.

Education Act reference: Section 34
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
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
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
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
EDUCATIONAL OPPORTUNITIES

Compulsory attendance

Opportunity: By setting a higher expectation for attendance at
school more students will receive a high school credential.


Education Act reference: Sections 7, 8
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
EDUCATIONAL OPPORTUNITIES

ECS programming

Opportunity: Coordinated early childhood learning based upon
consistent programming standards is in place for all children.

Education Act reference: Sections 21, 39, 40, 53
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)
EDUCATIONAL OPPORTUNITIES

Alternative programs

Opportunity: Education in Alberta is as open as possible as it
provides high quality learning opportunities for students across
the province.

Education Act reference: Preamble, Section 19
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)
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
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
EDUCATIONAL OPPORTUNITIES

Dispute resolution

Opportunity: Matters of concern are dealt with and resolved
locally by the people most directly affected.


Education Act reference: Sections 38-41
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
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
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)
GOVERNANCE OF EDUCATION

Ward establishment

Opportunity: School boards determine the boundaries of wards
or electoral subdivisions.


Education Act reference: Section 73, 255(4)(5)
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
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
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
GOVERNANCE OF EDUCATION

Fees

Opportunity: Fees charged to students are clarified within
principles-based parameters.

Education Act reference: Sections 54, 13
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
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
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
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
GOVERNANCE OF EDUCATION

Acquisition of property

Opportunity: Boards are provided greater flexibility as related to
the acquisition of property.

Education Act reference: Section 184
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
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

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Education Act Presentation May 3 & 4

  • 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
  • 17. EDUCATIONAL OPPORTUNITIES Compulsory attendance Opportunity: By setting a higher expectation for attendance at school more students will receive a high school credential. Education Act reference: Sections 7, 8
  • 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
  • 19. EDUCATIONAL OPPORTUNITIES ECS programming Opportunity: Coordinated early childhood learning based upon consistent programming standards is in place for all children. Education Act reference: Sections 21, 39, 40, 53
  • 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)
  • 21. EDUCATIONAL OPPORTUNITIES Alternative programs Opportunity: Education in Alberta is as open as possible as it provides high quality learning opportunities for students across the province. Education Act reference: Preamble, Section 19
  • 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
  • 25. EDUCATIONAL OPPORTUNITIES Dispute resolution Opportunity: Matters of concern are dealt with and resolved locally by the people most directly affected. Education Act reference: Sections 38-41
  • 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
  • 33. GOVERNANCE OF EDUCATION Fees Opportunity: Fees charged to students are clarified within principles-based parameters. Education Act reference: Sections 54, 13
  • 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