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AR 177/2003 STUDENT EVALUATION REGULATION

(Consolidated up to 136/2016)

ALBERTA REGULATION 177/2003

School Act

STUDENT EVALUATION REGULATION

Table of Contents

                1      Definitions

                2      Student evaluation

                3      Directives

                4      Fees

                5      Conduct of evaluation

                6      Eviction

                7      Objection to an eviction

             7.1      Allegation of contravention of directives

                8      Invalidity of evaluation

                9      Appeals

              10      Results

              12      Special Cases Committee

              13      Remuneration and costs

              14      Expiry


Definitions

1   In this Regulation,

                        (a)-(c)    repealed AR 139/2009 s2;

                              (d)    “evaluation” means a test, examination or other method of evaluation established under section 2;

                           (d.1)    “examinee” means an individual who undergoes, is to undergo or has undergone an evaluation;

                               (e)    “Executive Director” means the Executive Director responsible for learner assessment in the department;

                               (f)    repealed AR 139/2009 s2;

                               (g)    “school authority” means a board or the governing body of a charter school or a private school.

AR 177/2003 s1;105/2005;139/2009

Student evaluation

2   The Minister may establish tests, examinations or other methods for determining the ability, achievement or development of students or other individuals, including but not limited to provincial achievement tests, diploma examinations and provincially‑administered national and international tests.

AR 177/2003 s2;108/2004;139/2009

Directives

3   The Minister may issue directives regarding the individuals to be evaluated, the eligibility of individuals to participate in an evaluation, the methods of evaluation, the processes for administering the evaluation, the place and time for the administration of the evaluation and the marking, scoring and reporting of the evaluation.

Fees

4   The Minister may set the fees to be charged for evaluations and for reviews of evaluations.

Conduct of evaluation

5(1)  If an evaluation is conducted under the supervision of a school authority, the school authority is responsible for the security of the evaluation materials and for ensuring that the evaluation is conducted in accordance with the directives.

(2)  If an evaluation is conducted other than under the supervision of a school authority, the Executive Director shall appoint a person who is to be responsible for the security of the evaluation materials and for ensuring that the evaluation is conducted in accordance with the directives.

AR 177/2003 s5;139/2009

Eviction

6(1)  The person conducting an evaluation may evict an examinee from the evaluation if, in that person’s opinion, the examinee’s conduct is disrupting other examinees.

(2)  The school authority or the person appointed under section 5(2) shall, immediately following the conduct of an evaluation, advise the Executive Director in writing of

                               (a)    the name of any examinee evicted from the place where the evaluation was being conducted.

                              (b)    repealed AR 139/2009 s5.

(3)  The person conducting the evaluation shall, forthwith after an eviction under subsection (1), notify the person evicted in writing of the right to object under section 7(1).

AR 177/2003 s6;139/2009

Objection to an eviction

7(1)  An examinee who is evicted under section 6(1) may object to the eviction in writing to the Executive Director within 7 days of the eviction.

(2)  The Executive Director, on receiving the objection, may

                               (a)    confirm the eviction,

                              (b)    provide for the examinee to be evaluated at a place and time set by the Executive Director, or

                               (c)    provide for an evaluation result to be awarded to the examinee based on the examinee’s prior achievement record.

AR 177/2003 s7;139/2009

Allegation of contravention of directives

7.1(1)  A person conducting an evaluation who believes that an examinee has contravened a directive shall, immediately following the conduct of the evaluation, report that fact to the school authority or person appointed under section 5(2), as the case may be, which authority or person shall, forthwith after being so notified, notify the Executive Director in writing of that fact and of any circumstances relating to the alleged contravention that may affect the validity of the evaluation results of that or any other examinee.

AR 139/2009 s7

Invalidation of evaluation

8(1)  The Executive Director, on being advised under section 6(2) or 7.1, may declare an evaluation invalid and, where the Executive Director does so, shall forthwith in writing inform the school authority or person appointed under section 5(2), the examinee and, if the examinee is under 18 years of age, the examinee’s parent of the decision.

(2)  If an examinee or other person, before, during or following the evaluation, interferes with the security of the evaluation materials, falsifies the evaluation results or commits any other act that may result in an examinee’s performance being inaccurately represented, the Executive Director may

                               (a)    make any reasonable decision regarding the examinee’s result,

                              (b)    bar the examinee from evaluations for a period not exceeding one year,

                               (c)    withhold the examinee’s official transcript of achievement for a period not exceeding one year,

                              (d)    record the decision on the examinee’s official transcript of achievement, and

                               (e)    take any action that, in the Executive Director’s opinion, is appropriate against the other person including, if applicable, the sanctions under clauses (b), (c) and (d) or any of them.

(3)  If irregularities in the evaluation become apparent following the evaluation, the Executive Director may require the school authority or person appointed under section 5(2) to conduct an investigation of the evaluation and provide the Executive Director with a recommendation as to the validity of the evaluation.

(4)  On receiving a recommendation under subsection (3), the Executive Director may take any action under subsection (2) that the Executive Director considers appropriate.

AR 177/2003 s8;139/2009

Appeals

9(1)  The examinee or, if the examinee is under 18 years of age, the examinee or a parent of the examinee or both jointly, may in writing appeal a decision made under section 7 or 8 and the other person referred to in section 8(2) may in writing appeal a decision made under section 8 to the Assistant Deputy Minister responsible for learner assessment in the department, within 30 days of being notified of the decision.

(2)  A person aggrieved by a decision made by the Assistant Deputy Minister under subsection (1) may in writing appeal the decision to the Minister within 60 days after notification of the decision.

AR 177/2003 s9;105/2005;139/2009

Results

10   The Minister may use the results of an evaluation in whole or in part as a basis for awarding credits, certificates, diplomas or transcripts of achievement or for recommending a program placement for an examinee.

AR 177/2003 s10;139/2009

11   Repealed AR 139/2009 s11.

Special Cases Committee

12(1)  The Minister may appoint members to a Special Cases Committee which is responsible for hearing appeals from decisions

                               (a)    relating to rulings on disputed out‑of‑province high school credit decisions,

                              (b)    repealed AR 139/2009 s12,

                               (c)    ruling on disputed evaluations, results of evaluations or diploma requirements,

                              (d)    ruling on evaluation or diploma requirements where no policy or precedent exists,

                               (e)    determining mature student status of individuals,

                               (f)    reviewing disputed retroactive credits,

                               (g)    determining permitted practice variations for examinees writing diploma examinations, and

                              (h)    reviewing any other decision not referred to in clauses (a) to (g) that the Special Cases Committee considers appropriate in the circumstances.

(2)  Where applicable, an individual making an appeal under subsection (1) or, if the individual is under 18 years of age, a parent of the individual or both jointly, must make a request in writing to the Special Cases Committee and must notify the principal of the school and, if applicable, the superintendent of the school authority where the individual received instruction.

(3)  The principal, on receiving notice under subsection (2) must submit a written report to the Special Cases Committee outlining recommendations related to the appeal.

(4)  On receipt of a decision of the Special Cases Committee, the person or persons who made the requests under subsection (2) may request in writing that the Minister review the decision.

AR 177/2003 s12;139/2009

Remuneration and costs

13(1)  A person may be paid the fee determined by the Minister for

                               (a)    designing and preparing evaluation materials,

                              (b)    scoring or re‑scoring evaluation materials,

                               (c)    attending committee meetings for the designing and preparing of evaluation materials, and

                              (d)    performing any other functions associated with evaluation.

(2)  If a person performing the services specified in subsection (1) is employed as a teacher, the Minister may pay the cost incurred for a substitute teacher to carry out the teacher’s normal teaching duties.

(3)  If a person performing the services specified in subsection (1) is employed by a school authority but not as a teacher, the Minister may pay the school authority an amount equal to the daily rate payable by the school authority to a substitute teacher.

AR 177/2003 s13;139/2009

Expiry

14   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 177/2003 s14;139/2009;133/2015;136/2016