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AR 190/2000 PRIVATE SCHOOLS REGULATION

(Consolidated up to 136/2016)

ALBERTA REGULATION 190/2000

School Act

PRIVATE SCHOOLS REGULATION

Table of Contents

                1      Definitions

Registered Private Schools

                2      Application for registration

                3      Right to continue to operate

                4      Duty to inform parent

Accredited Private Schools

                5      Application for accreditation

                6      Right to hire non-certificated teachers

                7      Policies

Funded Private Schools

                8      Application for grant

                9      Waiting period before receiving grant

              10      Required programs


              11      Parent advisory council

              12      Principal

              13      School closure

              14      Officers and auditor

              15      Financial statements and budget

              16      Insurance Policy

              17      Fidelity bond

              18      Education plan and annual education results report

              19      Responsibility where student is expelled

General Matters

              20      Student records

              21      Discipline, suspension and expulsion

              22      Provision and disclosure of information

              23      Repeal

              24      Expiry

Definitions

1   In this Regulation,

                               (a)    “accredited private school” means a registered private school that has satisfied the requirements of section 28(2) of the Act;

                              (b)    “Act” means the School Act;

                               (c)    “Alberta Programs of Study” means the courses of study or education programs prescribed, authorized or approved by the Minister under section 39(1)(a), (b) and (d) of the Act;

                           (c.1)    “Designated Special Education Private School” means a funded private school designated by the Minister, whose sole purpose is to serve students with identified special needs and whose enrolled students are each diagnosed with a mild, moderate or severe disability;

                              (d)    “fiscal year” means the 12‑month period beginning on September 1 and ending on the following August 31;

                               (e)    “funded private school” means an accredited private school owned or operated by a society registered under the Societies Act, a non-profit company incorporated under Part 9 of the Companies Act or a non-profit corporation incorporated by or under an Act of the Legislature that receives a grant under the Education Grants Regulation (AR 120/2008);

                           (e.1)    “Level 1 accredited private school” means an accredited private school that is not eligible to receive the First Nation, Metis and Inuit Education Allocation;

                           (e.2)    “Level 2 accredited private school” means an accredited private school that is eligible to receive the First Nation, Metis and Inuit Education Allocation;

                               (f)    “registered private school” means a school that is registered as a private school under section 28(1) of the Act.

AR 190/2000 s1;251/2001;43/2005;228/2009

Registered Private Schools

Application for registration

2(1)  An application for registration as a registered private school must be submitted to the Minister and must include

                               (a)    the name of the persons or organization owning the school,

                              (b)    the name and mailing address of the school,

                               (c)    the location of the school if the location is not apparent from the mailing address,

                              (d)    the names of the operators of the school, if different from the persons or organization referred to in clause (a),

                               (e)    if the operator of the school is a corporation, the names of the officers of the corporation,

                               (f)    the qualifications of the proposed members of the instructional staff,

                               (g)    the proposed programs of study and, if different from the Alberta Programs of Study, a list of subjects proposed to be offered and an outline of the major skills and knowledge areas to be learned by  students, which must be consistent with the requirements of section 2(1) and (3) of Ministerial Order No. 004/98, Goals and Standards Applicable to the Provision of Basic Education in Alberta, made under section 39(1)(f) of the Act,

                              (h)    a description of the provincial achievement tests to be used or any alternative assessments acceptable to the Minister to be used which, in the case of evaluating achievement in grades 3, 6 and 9, must consist of standards that are similar to the standards contained in provincial achievement tests for those grades,

                               (i)    where applicable, proof that the building to be used by the school complies with municipal zoning bylaws and  applicable municipal and provincial public health, safety, fire and building standards, and

                               (j)    any additional information required by the Minister relating to the operation of the school.

(2)  If there are changes to the information referred to in subsection (1) after the application is submitted to the Minister, the changes must be submitted to the Minister forthwith.

AR 190/2000 s2;251/2001

Right to continue to operate

3(1)  The operator of a registered private school who intends to operate the school beyond the first year must submit to the Minister an operating plan, in the form prescribed by the Minister, that includes

                               (a)    the number of students estimated to be enrolled in the school on September 30 of the school year for which the plan is to have effect, and

                              (b)    any changes to the information submitted under section 2(1).

(2)  An operating plan must be submitted annually not later than May 31 preceding the school year for which the plan is to have effect.

(3)  An operator of more than one registered private school may submit one operating plan that relates to all of those schools.

Duty to inform parent

4   The operator of a registered private school that is not an accredited private school must inform the parent of a prospective student, in writing,

                               (a)    that a student who attends the school may not necessarily be placed at the same grade level if the student registers in another school,

                              (b)    that the school cannot grant credit for senior high school courses taken at that school,

                               (c)    of the general liability insurance coverage held by the operator in the event of accident or death, and

                              (d)    of the qualifications of the members of the instructional staff.

Accredited Private Schools

Application for accreditation

5(1)  The operator of a registered private school may apply to have the school accredited as an accredited private school.

(2)  An application under subsection (1) must be submitted to the Minister and must include

                               (a)    the information listed in section 2(1), and

                              (b)    proof satisfactory to the Minister that the school meets the requirements of section 28(2)(b) of the Act.

AR 190/2000 s5;251/2001

Right to hire non-certificated teachers

6   The operator of an accredited private school may employ a competent individual to teach a language, culture or religion in the school under the supervision of a teacher who holds a certificate of qualification as a teacher issued under the Act.

Policies

7(1)  The operator of an accredited private school must develop and maintain policies relating to

                               (a)    the evaluation of students, and

                              (b)    teacher growth, supervision and evaluation of teachers.

(2)  A policy that is developed and maintained under subsection (1) must be consistent with the policy of the Minister on the same subject.

(3)  To ensure that the health and safety of students are protected, the operator of an accredited private school must, in addition to the policies mentioned in subsection (1), develop and maintain policies relating to

                               (a)    safety for outdoor education and field trips, and

                              (b)    a health protocol.

AR 190/2000 s7;43/2005

Funded Private Schools

Application for grant

8   The operator of an accredited private school may apply to the Minister for a grant under the Education Grants Regulation (AR 120/2008).

AR 190/2000 s8;43/2005;228/2009

Waiting period before receiving grant

9(1)  An accredited private school must operate for at least one school year before it is eligible to receive a grant under the Education Grants Regulation (AR 120/2008).

(2)  The Minister may waive the requirement in subsection (1).

AR 190/2000 s9;43/2005;228/2009

Required programs

10(1)  The operator of a funded private school must

                               (a)    provide the Alberta Programs of Study in accordance with section 39(1)(a), (b), (c) and (d) of the Act,

                              (b)    ensure that students enrolled in the school have sufficient opportunity to achieve, to an acceptable level, the provincial learning outcomes as defined in Ministerial Order No. 004/98, Goals and Standards Applicable to the Provision of Basic Education in Alberta, made under section 39(1)(f) of the Act,

                               (c)    use the provincial achievement tests and diploma examinations, and

                              (d)    ensure that students enrolled in the school meet the provincial graduation requirements.

(2)  The operator of a Designated Special Education Private School must meet the standards as defined in Ministerial Order No. 015/2004, Standards for the Provision of Special Education to Students in Alberta, made under section 39(1)(f) of the Act, except in respect of section 16(e) of the Order.

AR 190/2000 s10;251/2001;43/2005

Parent advisory council

11(1)  The operator of a funded private school must establish a parent advisory council if the parents of students enrolled in the school do not constitute a majority of the members of the operating board of the school.

(2)  In this section, “parent advisory council”, in respect of a funded private school, means a group of parents of students enrolled in the school who provide advice to the principal of the school and the operating board of the school respecting any matter relating to the school.

Principal

12(1)  The operator of a funded private school must designate a person to act as the principal of the school.

(2)  A person who does not hold a teaching certificate issued under the Certification of Teachers Regulation (AR 3/99) is not eligible to be designated under subsection (1).

(3)  The person who is designated to act as the principal of a funded private school under subsection (1) may not, at the same time, be a voting member of the board of directors of a society or non-profit company that may be operating that funded private school.

AR 190/2000 s12;43/2005

School closure

13   If the operator of a funded private school intends to close the school, the operator must

                               (a)    provide 30 days advance written notice to the parents of each student enrolled in the school and to the Minister, and

                              (b)    endeavour to place the students in another school.

AR 190/2000 s13;43/2005

Officers and auditor

14   The operator of a funded private school must

                               (a)    appoint a secretary and a treasurer, or one person to act as the secretary‑treasurer of the school, who is neither the chair nor the president of the operating board of the school, and

                              (b)    appoint a person who is registered and qualified to perform an audit engagement under the Regulated Accounting Profession Act as auditor for the school,

and must report their names and addresses to the Minister.

AR 190/2000 s14;108/2004

Financial statements and budget

15(1)  The operator of a funded private school must submit to the Minister annually on or before November 30, in the form prescribed by the Minister,

                               (a)    the original and one copy of the audited financial statements for the school’s fiscal year ending on the August 31 preceding that date, signed by the chair of the operating board of the school and by the treasurer or secretary‑treasurer appointed under section 14(a), and

                              (b)    an auditor’s report.

(2)  The operator of a funded private school must submit to the Minister annually on or before May 31, in the form prescribed by the Minister, the budget for the school’s fiscal year starting on the September 1 following that date.

(3)  An operator of more than one funded private school may, with the prior approval of the Minister, submit to the Minister

                               (a)    audited financial statements under subsection (1) that relate to all of those schools, and

                              (b)    a budget under subsection (2) that relates to all of those schools.

AR 190/2000 s15;43/2005

Insurance policy

16(1)  The operator of a funded private school must keep in force, and provide the Minister on request with evidence of the existence of, a general liability insurance policy or other form of indemnification in an amount that is not less than $2 million for each occurrence of loss or damage resulting from bodily injury to or the death of one or more persons, and for loss or damage to property, regardless of the number of claims arising from any one occurrence.

(2)  The policy or other form of indemnification referred to in subsection (1) must provide coverage to a funded private school for all claims arising from

                               (a)    a liability imposed by law on the operator of the school, and

                              (b)    a liability assumed under any agreement entered into by the operator of the school.

(3)  The operator of a funded private school must ensure that in the policy or other form of indemnification referred to in subsection (1), the word “insured” is defined to include

                               (a)    the named insured, and

                              (b)    any employee, member of the operating board, agent or other person, whether receiving compensation or not, when acting within the scope of that person’s duties for the named insured.

Fidelity bond

17   The operator of a funded private school must maintain a fidelity bond in an amount acceptable to the Minister that covers the operator and other employees of the school while carrying out duties relating to any money or security belonging to or held by the school.

Education plan and annual education results report

18(1)  The operator of a funded private school

                               (a)    must develop, implement and maintain policies regarding the school’s 3‑year education plan and its annual education results report that are consistent with the policies of the Minister, and

                              (b)    must prepare the 3‑year education plan and annual education results report as required by the Minister.

(2)  Subsection (1) does not apply where the funded private school offers only heritage language programs or cultural programs, or both.

AR 190/2000 s18;43/2005

Responsibility where student is expelled

19   Where a student is expelled from a funded private school, the operator of the school

                               (a)    continues to be responsible for the student’s education program for the remainder of the school year, and

                              (b)    must ensure that the student has access to an education program for the remainder of the school year.

General Matters

Student records

20(1)  Only sections 1, 2(1)(a) and (c) to (i), 6 and 8 of the Student Record Regulation (AR 225/2006) apply to registered private schools.

(2)  The Student Record Regulation (AR 225/2006) applies to Level 1 accredited private schools except for the following sections:

                               (a)    section 2(1)(s) and (t);

                              (b)    section 3(3);

                               (c)    section 7(2)(g) and (5);

                              (d)    section 9.

(2.1)  The Student Record Regulation (AR 225/2006) applies to Level 2 accredited private schools except for the following sections:

                               (a)    section 2(1)(s);

                              (b)    section 3(3);

                               (c)    section 7(2)(g) and (5);

                              (d)    section 9.

(3)  On closing a private school, the operator must forward the student record for each student in the school

                               (a)    to the school to which the student transfers, or

                              (b)    if the school to which the student transfers is unknown, to the Minister.

AR 190/2000 s20;225/2006;228/2009

Discipline, suspension and expulsion

21   The operator of each private school must

                               (a)    make rules for the discipline of students and for the suspension and expulsion of students that incorporate the principles of fundamental justice, and

                              (b)    provide copies of the rules to the students enrolled in the school and their parents.

Provision and disclosure of information

22(1)  The operator of each private school must provide to the Minister any information relating to the school that the Minister requests in writing.

(2)  The Minister may publish or otherwise disclose any information the Minister receives under subsection (1).

Repeal

23   The Private Schools Regulation (AR 39/89) is repealed.

Expiry

24   For the purpose of ensuring that this Regulation is reviewed for ongoing relevancy and necessity, with the option that it may be repassed in its present or an amended form following a review, this Regulation expires on August 31, 2018.

AR 190/2000 s24;43/2005;231/2012;133/2015;136/2016