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SCHOOL AMENDMENT ACT, 2017

SCHOOL AMENDMENT ACT, 2017

Chapter 28

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta, enacts as follows:

Amends RSA 2000 cS‑3

1   The School Act is amended by this Act.

 

3   Section 19 is amended by adding the following after subsection (1):


(1.1)  Unless otherwise authorized under this Act, a board shall designate as a principal only a teacher who holds a leadership certificate prescribed by the regulations and issued under this Act.

 

6   Section 30 is amended by adding the following after subsection (1):

(1.1)  A board or person that provides an early childhood services program shall not enroll a child in an early childhood services program during a school year for the year of instruction immediately preceding grade 1 unless the child attains 5 years of age or older by December 31 of the school year, and for the purposes of that enrolment, shall not require that a child attain 5 years of age at any time before December 31 of the school year.

 

12   Section 94(1) is amended

                            (a)    in clause (a)(i) by adding “, types or categories” after “classes”;

                           (b)    by adding the following after clause (a):

                              (a.1)    prescribing leadership certificate requirements for eligibility for designation as a principal;

                              (a.2)    governing the issuing of leadership certificates, including, without limitation, regulations

                                        (i)    providing for the issuance of different classes, types or categories of certificates;

                                      (ii)    providing for the form and manner of application for a leadership certificate and the information to be provided with or in support of an application;

                                     (iii)    respecting education, training and experience, character and other eligibility requirements of applicants for leadership certificates;

                                     (iv)    authorizing the issuance of leadership certificates subject to terms and conditions;

                                       (v)    providing for procedural matters related to the issuance of leadership certificates, including the appointment of advisory bodies;

                            (c)    in clause (b) by striking out “issue a certificate” and substituting “issue a certificate of qualification as a teacher or a leadership certificate”;

                           (d)    in clause (c)

                                  (i)    by striking out the portion preceding subclause (i) and substituting the following:

                                       (c)    providing for and governing the means of dealing with allegations that a teacher is unskilled or incompetent in teaching or that a principal or other individual who holds a leadership certificate is unskilled or incompetent in carrying out the leadership duties related to that leadership certificate, or the means of dealing with complaints about alleged unprofessional conduct of a teacher or of a principal or other individual who holds a leadership certificate, other than a teacher, principal or other individual to whom the Teaching Profession Act applies, including, without limitation, regulations

                                 (ii)    in subclause (i) by adding “of a teacher” after “unprofessional conduct”;

                                (iii)    by adding the following after subclause (i):

                                    (i.1)    governing what constitutes unprofessional conduct of a principal or other individual who holds a leadership certificate or the unskilled or incompetent carrying out of the leadership duties related to a leadership certificate;

                                (iv)    in subclause (viii)

                                       (A)    in paragraph (C) by striking out “the certificate” and substituting “one or more certificates”;

                                       (B)    by repealing paragraph (D) and substituting the following:

                                            (D)    cancel one or more certificates of the individual who is the subject of the complaint or allegation, or cancel one or more certificates and issue a certificate of a different class, type or category;

                                       (C)    in paragraph (E) by striking out “a certificate” and substituting “one or more certificates”;

                            (e)    in clause (e)

                                  (i)    by striking out “or Appeal Committee” and substituting “, Appeal Committee, Professional Practice Review Hearing Committee or Professional Practice Review Appeal Committee”;

                                 (ii)    by striking out “a certificate” and substituting “one or more certificates”.

 

13   Section 95 is amended by adding the following after subsection (1):

(1.1)  A teacher who is designated as an acting principal must hold a leadership certificate prescribed by the regulations and issued under this Act.

 

15   The following is added after section 106:

Termination of designation as principal

106.1   The designation of a teacher as a principal automatically terminates at the time that

                                 (a)    the prescribed leadership certificate held by the principal is suspended or cancelled by the Minister, or

                                 (b)    the prescribed leadership certificate held by the principal expires.

 

16   Section 109.1 is amended

                            (a)    in subsection (1) by striking out “the operator of a private school or charter school” and substituting “charter school or the operator of a private school”;

                           (b)    by adding the following after subsection (1):

(1.1)  A superintendent of a school board or charter school or an operator of a private school shall make a report in writing to the Registrar regarding the suspension, termination, resignation or retirement from employment of a principal if the suspension, termination, resignation or retirement, as the case may be, results from conduct that brings into question the suitability of the principal to hold one or more certificates issued under this Act.

(1.2)  A board or an operator of a charter school shall make a report in writing to the Registrar regarding the suspension, termination, resignation or retirement from employment of a superintendent if the suspension, termination, resignation or retirement, as the case may be, results from conduct that brings into question the suitability of the superintendent to hold one or more certificates issued under this Act.

                            (c)    by repealing subsections (2) and (3) and substituting the following:

(2)  If a report made under subsection (1) or (1.1) is in respect of a teacher or principal employed by a school board, the board shall make a complaint about the conduct of the teacher or principal pursuant to section 24 of the Teaching Profession Act.

(3)  If a report made under subsection (1) or (1.1) is in respect of a teacher or principal employed by the operator of a private school or charter school, the operator of the private school or superintendent of the charter school shall make a complaint about the conduct of the teacher or principal pursuant to the applicable regulation under section 94.

(3.1)  A school board or operator of a charter school that makes a report under subsection (1.2) shall make a complaint about the conduct of the superintendent pursuant to the applicable regulation under section 115.

                           (d)    in subsection (4)

                                  (i)    by adding “, (1.1) or (1.2)” after “subsection (1)”;

                                 (ii)    in clause (a) by adding “or a charter school” after “board”;

                                (iii)    by adding the following after clause (a):

                                    (a.1)    a board,

                            (e)    in subsection (5) by adding “, (1.1) or (1.2)” after “subsection (1)”;

                            (f)    in subsection (6)

                                  (i)    by striking out “or (3)” and substituting “, (3) or (3.1)”;

                                 (ii)    by adding “, (1.1) or (1.2)” after “subsection (1)”.

 

17   Section 113 is amended by adding the following after subsection (1):

(1.1)  Unless otherwise authorized under this Act, a board shall appoint as a superintendent of schools only a teacher who holds a superintendent leadership certificate prescribed by the regulations and issued under this Act.

(1.2)  A teacher who is appointed as an acting superintendent must hold a superintendent leadership certificate prescribed by the regulations and issued under this Act.

 

18   The following is added after section 114(1):

(1.1)  A contract of employment referred to in subsection (1) automatically terminates at the time that

                                 (a)    the prescribed superintendent leadership certificate held by the superintendent is suspended or cancelled by the Minister, or

                                 (b)    the prescribed superintendent leadership certificate held by the superintendent expires.

 

19   Section 115 is repealed and the following is substituted:

Regulations

115(1)  The Minister may make regulations respecting superintendents of schools, including, without limitation, regulations

                                 (a)    respecting the qualifications, appointment and conditions of employment and termination of employment of superintendents of schools;

                                 (b)    governing the issuing of superintendent leadership certificates, including, without limitation, regulations

                                        (i)    providing for the issuance of different classes, types or categories of superintendent leadership certificates;

                                      (ii)    providing for the form and manner of application for a superintendent leadership certificate and the information to be provided with or in support of an application;

                                     (iii)    respecting education, training and experience, character and other eligibility requirements of applicants for superintendent leadership certificates;

                                     (iv)    authorizing the issuance of superintendent leadership certificates subject to terms and conditions;

                                       (v)    providing for procedural matters related to the issuance of superintendent leadership certificates, including the appointment of advisory bodies;

                                 (c)    governing appeals from a decision to refuse to issue a superintendent leadership certificate, including, without limitation, regulations

                                        (i)    respecting the grounds on which an appeal may be made;

                                      (ii)    providing for the establishment of appeal panels and setting out their powers and duties;

                                     (iii)    providing for procedural and evidentiary matters related to the appeal process;

                                     (iv)    authorizing the Minister to accept, reject or vary the recommendations of an appeal panel and authorizing the Minister to take any action necessary to implement the Minister’s decision;

                                       (v)    respecting the responsibility of the parties to an appeal for costs in respect of the appeal;

                                 (d)    providing for and governing the means of dealing with allegations that a superintendent or other individual who holds a superintendent leadership certificate is unskilled or incompetent in carrying out the leadership duties related to that superintendent leadership certificate, or the means of dealing with complaints about alleged unprofessional conduct of a superintendent or other individual who holds a superintendent leadership certificate, including, without limitation, regulations

                                        (i)    governing what constitutes unprofessional conduct of a superintendent or other individual who holds a superintendent leadership certificate or unskilled or incompetent carrying out of the leadership duties related to a superintendent leadership certificate;

                                      (ii)    respecting the form and manner in which a complaint or allegation is to be made;

                                     (iii)    authorizing a complaint or allegation to be dealt with notwithstanding the fact that the individual who is the subject of the complaint or allegation may no longer hold a certificate under this Act, and respecting the circumstances under which that kind of complaint or allegation may be dealt with;

                                     (iv)    respecting the investigation of complaints and allegations and the powers and duties of the person conducting the investigation or receiving the report of the person conducting the investigation, as the case may be;

                                       (v)    respecting the establishment of panels to deal with complaints and allegations and respecting the powers and duties of those panels;

                                     (vi)    respecting procedural and evidentiary matters in respect of the investigation of complaints and allegations and in respect of the business of the panels, including, without limitation, regulations

                                            (A)    providing for the taking of evidence under oath;

                                            (B)    providing for the compellability of witnesses;

                                            (C)    requiring persons to produce records and documents relevant to the subject‑matter of a complaint or investigation;

                                            (D)    authorizing proceedings for civil contempt of court to be brought against a person who fails to comply with a notice to attend a proceeding before a panel as a witness or a notice to produce records or documents, or who refuses to be sworn or to answer questions at a proceeding before a panel;

                                    (vii)    authorizing a person conducting an investigation of a complaint or allegation to investigate any other matter related to the conduct of the individual who is the subject of the complaint or allegation that arises in the course of the investigation;

                                   (viii)    authorizing the Minister, on receipt of a panel’s recommendation, to do one or more of the following, whether or not that is the panel’s recommendation:

                                            (A)    dismiss the complaint or allegation;

                                            (B)    serve a letter of reprimand on the individual who is the subject of the complaint or allegation;

                                            (C)    suspend one or more certificates of the individual who is the subject of the complaint or allegation, with or without conditions;

                                            (D)    cancel one or more certificates of the individual who is the subject of the complaint or allegation, or cancel one or more certificates and issue a certificate of a different class, type or category;

                                            (E)    order that the individual who is the subject of the complaint or allegation be ineligible for one or more certificates for a definite or indefinite time, with or without conditions;

                                 (e)    respecting the responsibility of the parties to a proceeding in respect of a complaint or allegation referred to in clause (d) for costs in respect of the proceeding;

                                 (f)    governing the publication of particulars regarding any recommendation or decision made in proceedings in respect of a complaint or allegation referred to in clause (d);

                                 (g)    authorizing the Minister to appoint a Registrar and other officials for the purpose of carrying out powers and duties under the regulations;

                                 (h)    requiring the Registrar to keep registers and records and respecting the information that is to be kept in the registers and records;

                                  (i)    respecting, authorizing and prohibiting the release of information in the Registrar’s registers and records;

                                  (j)    authorizing the Registrar to delegate to any employee under the Minister’s administration powers or duties of the Registrar that are specified in the regulations;

                                 (k)    requiring the payment of fees in respect of any matter provided for under the regulations, including prescribing the amount of the fee or the manner in which and by whom the amount is determined and who must pay it;

                                  (l)    providing for the service of notices and documents in respect of matters and proceedings dealt with in the regulations.

(2)  A regulation made under subsection (1) may be specific or general in its application.

Amends RSA 2000 cT‑2

32(1)  The Teaching Profession Act is amended by this section.

(2)  The heading before section 8 is amended by striking out “Government” and substituting “Governance”.

(3)  Section 8(2)(a)(iii) is amended

                            (a)    in paragraph (D) by adding the following after subparagraph (II):

                             (II.1)    a member’s professional competence in carrying out leadership duties related to a leadership certificate issued under the School Act;

                           (b)    by adding the following after subparagraph (E):

                             (E.1)    the recommendations that may be made to the Minister respecting one or more of the member’s leadership certificates under the School Act;

(4)  Sections 42(1)(c) and 56(a) are amended by striking out “the teaching certificate of the investigated person” and substituting “one or more certificates issued to the investigated person under the School Act”.

Transitional

33(1)  If proceedings for the establishment or dissolution of a separate school district are in progress under Division 2 of Part 8 of the School Act as it read immediately before the coming into force of this section, and, on or before August 31, 2018, the Minister has received

                           (a)    in respect of establishment proceedings, the information referred to in section 218 of the School Act, as it read immediately before the coming into force of this section, or

                           (b)    in respect of dissolution proceedings, the resolution or report referred to in section 221(1)(a) or (4), respectively, of the School Act, as it read immediately before the coming into force of this section,

Division 2 of Part 8 of the School Act as it read immediately before the coming into force of this section continues to apply in respect of the proceedings.

(2)  If proceedings for the establishment or dissolution of a separate school district are in progress under Division 2 of Part 8 of the School Act as it read immediately before the coming into force of this section, and, on or before August 31, 2018, the Minister has not received

                           (a)    in respect of establishment proceedings, the information referred to in section 218 of the School Act, as it read immediately before the coming into force of this section, or

                           (b)    in respect of dissolution proceedings, the resolution or report referred to in section 221(1)(a) or (4), respectively, of the School Act, as it read immediately before the coming into force of this section,

the proceedings are terminated.

Coming into force

34(1)  Sections 8, 10, 28, 29 and 33 come into force on September 1, 2018.

(2)  Sections 3, 12, 13, 15 to 19 and 32 come into force on September 1, 2019.

(3)  Section 6 comes into force on September 1, 2020.