1. Bill 18 – The Education Act
ASBA Spring General Meeting
June 6, 2011

2. 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

3. 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

4. The Education Act and Policy Shifts
• Boards Engaging Partners
• Educational Opportunities
• Governance of Education

5. Boards Engaging Partners
• Roles and responsibilities
– Boards
– Trustees
– Parents
– Students
• Natural person powers

6. Educational Opportunities
• Access
• Compulsory education
• Responsibility for students
• Student residence

7. Governance of Education
• School divisions
• Separate school establishment
• Transportation
• Appointed trustees

8. 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.

9. 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.

10. 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.

11. 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

12. 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.

13. Of Particular Interest –
Responsibilities
Parents – 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.

14. 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.

15. 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.

16. 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.

17. 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.

18. 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.

19. 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.

20. 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;

21. 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.

22. 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.

23. 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.

24. 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.

25. 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.

26. 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.

27. 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.

28. Of Particular Interest –
Transportation
• “Safe and appropriate”
• Regulations – section 56(4)
• Funding
• How far is 2.4 kilometres?

29. 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.

30. 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.

31. 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.

32. Next Steps
• Engagement
• Passing the Act
• Regulatory review
• Proclamation