EDUCATION ACT UPDATE CASS – AE Annual Learning Conference - March 12, 2015 AE– ASBA – CASS

THE EDUCATION ACT • Will replace the School Act, which came into effect in 1988. • Sets out the rights, responsibilities and authorities of all partners in the education system. • Is a framework for education, and the regulations and policies which play a critical role. • Is social legislation, less prescriptive and regulatory than previous legislation.

Why Social Legislation? • Demographic change has made Alberta is a more complex and much more diverse province. This complexity requires a citizen centered approach and collaboration among organizations. • Economic disparity diminishes social cohesion and challenges the idea that all Albertans have an equal opportunity to be successful. • Rapid improvements in information technologies means Albertans (locally and provincially) can exercise a greater voice in open and transparent governance.

Social Policy Outcomes • Active and engaged Albertans; safe, secure and resilient • Creation of person-centred systems characterized by high quality services • Reduced inequality and greater protection of the vulnerable • Cohesive, flexible, informed services and supports are accessible to Albertans • Collaboration and Partnerships are enabled

Where are we in the process? Regulations

Inspiring Education

Education Act

Vision

Framework

Policies, Procedures, Standards, Guidelines

School Board Policy Administrative Procedures

School, Staff, Handbooks, Guidelines, Forms

Implementation

POLICY SHIFTS IN THE EDUCATION ACT A Framework for Decision Making Centred on the Learner

• A shift to support improved student success and learning opportunities • A shift to facilitate improved student access to education • A shift to provide more generative governance, more local direction and heightened accountability for learning excellence by all education partners

A shift to support improved student success and learning opportunities

• • • • •

Preamble Responsibility to Students Student and Parent Responsibilities Code of Conduct for Students Appointment of First Nations Trustee

Preamble to Education Act WHEREAS the following visions, principles and values are the foundation of the education system in Alberta ……

GUIDING QUESTIONS FOR TABLE DISCUSSION Discuss the change using the following three questions: • How do you interpret the purpose of this section of the Act? • What do you find most interesting or surprising about this section?

• What questions do you have about this section?

A shift to facilitate improved student access to education • • • • •

Student residency Age of Access Compulsory Attendance Specialized supports and services Enhanced rights for children in ECS

Resident student 4(1) Subject to this section, a student is a resident student of the board of the school division in which the student resides.

GUIDING QUESTIONS FOR TABLE DISCUSSION Discuss the change using the following three questions: • How do you interpret the purpose of this section of the Act? • What do you find most interesting or surprising about this section?

• What questions do you have about this section?

A shift to provide more generative governance, more local direction and heightened accountability for learning excellence by all education partners • • • • •

Board Responsibilities Trustee Code of Conduct Natural Person Powers Audit committee School Fees

Board responsibilities 33(1) A board, as a partner in education, has the responsibility to (a) deliver appropriate education programming to meet the needs of all students enrolled in a school operated by the board and to enable their success, (b) be accountable and provide assurances to students, parents, the community and the Minister for student achievement of learning outcomes,

Accountability to government (fiduciary, strategic)

Paradigm shift – A new way of thinking ~ Jim Gibbons, Senior Education Advisor, ASBA

Assurance School Boards

to community (fiduciary, strategic, generative, shared governance)

Board responsibilities (c) provide, where appropriate, for the engagement of parents, students, staff and the community, including municipalities and the local business community, in board matters, including the board’s plans and the achievement of goals and targets within those plans, (d) ensure that each student enrolled in a school operated by the board and each staff member employed by the board is provided with a welcoming, caring, respectful and safe learning environment that respects diversity and fosters a sense of belonging,

Modes of Governance

Board responsibilities (e) provide a continuum of specialized supports and services to students that is consistent with the principles of inclusive education, (f) collaborate with municipalities, other boards and communitybased service agencies in order to effectively address the needs of all students and manage the use of public resources, (g) collaborate with post-secondary institutions and the community to enable smooth transitions for students from secondary to post-secondary education;

Role of the Board – Policy Themes • Engagement • Collaboration

Board responsibilities (h) establish and maintain governance and organizational structures that promote student well-being and success, and monitor and evaluate their effectiveness, (i) ensure effective stewardship of the board’s resources, (j) recruit the superintendent and entrust the day-to-day management of the school division to the staff through the superintendent,

Board responsibilities (k) 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, (l) comply with all applicable Acts and regulations, (m) establish appropriate dispute resolution processes, and (n) carry out any other matters that the Minister prescribes.

Role of Trustee •

• • • • •

Contribute to work of Board Engage community Attend meetings Refer administrative matters Advocate for local issues Report Code of Conduct violations PROPOSED INFORMATION SHEET

Trustee Code of Conduct • • •

• • • •

Display devotion to duty Work in a spirit of harmony and cooperation State Board positions clearly Maintain confidentiality Act as a fiduciary Represent the Board responsibly Declare any conflict of interest

PROPOSED POLICY ADVISORY

Sanctions • •

• • •

Letter of censure Motion of censure Removal from Board committees/representation Disqualification (only conflict of interest) NOW Disqualification (any breach of code) THEN LEGAL LANGUAGE NECESSARY

Education Act: Board responsibilities Natural person powers 51(1) A board has the capacity and, subject to this Act and the regulations, the rights, powers and privileges of a natural person. … (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.

Natural Person Powers • • •

Borrowing Regulation Disposition of Property Regulation Investment Regulation

Board Committees •

• • • •

May research or study an issue and prepare a recommendation for consideration by the Board May act on behalf of the Board if so designated Standing or ad hoc in nature Terms of reference are essential Section 142 – Audit Committee

Audit Committee 142(1) Each board shall establish an audit committee to (a) recommend external auditors to the board, (b) review the annual financial statements and report to the board, and (c) attend to other matters as the board may determine in the establishment of the audit committee.

Audit Committee (2) The audit committee shall comprise at least 5 individuals and shall include at least one of each of the following individuals: (a) a member of the business community who is not a trustee; (b) a member of the adult learning community who is not a trustee; (c) a trustee.

School fees 57(1) Notwithstanding section 13, a board may charge a parent of a student fees in accordance with the regulations.

(2) The Minister may make regulations respecting school fees.

School Fees Regulation This a new regulation. The Education Act maintains the ability for a board to charge a parent of a student fees in accordance with the regulations, but does not define “school fees”. Currently under the School Act, school fees are restricted to the provision of instructional supplies and materials.

School Fees Regulation Key Provisions Under the proposed regulation, a board will be required to establish policies and procedures respecting the charging of school fees which must at minimum include: A

requirement to consult with parents prior to setting, increasing or decreasing school fees;  A requirement to demonstrate to parents the need to charge fees;

School Fees Regulation A

requirement to maintain financial statements in a form set by the Minister demonstrating that the school fees collected have been spent for the same purpose for which they were collected;  The circumstances in which school fees will be waived; and  The process a parent must follow in order to request a school fee waiver;

School Fees Regulation A

board must disseminate circumstances and procedures for school fee waivers.  School fees schedules must be published prior to the commencement of each school year for each school.  A board must publish school fee policies and the proposed school fee schedule on the board’s website or in any other manner the board determines appropriate.

GUIDING QUESTIONS FOR TABLE DISCUSSION Discuss the change using the following three questions: • How do you interpret the purpose of this section of the Act? • What do you find most interesting or surprising about this section?

• What questions do you have about this section?

Concluding Discussion • What kind of supports will you or your colleagues need to ensure your successful implementation of the Education Act and regulations? • What are you most excited about as we move toward implementation of the new Act? • What are you most anxious about?

For more information, contact: Terry Gunderson, Education Consultant, Alberta School Boards Association [email protected] or phone 780-451-7116 Barry Litun, Executive Director, College of Alberta School Superintendents [email protected] or phone 780-887-1098 Randy Clarke, Director, Alberta Education [email protected] or phone 780-641-9113

THANK YOU