Bc independent school act

Contents

Preamble

WHEREAS it is the goal of a democratic society to ensure that all its members receive an education that enables them to become personally fulfilled and publicly useful, thereby increasing the strength and contributions to the health and stability of that society;

AND WHEREAS the purpose of the British Columbia school system is to enable all learners to develop their individual potential and to acquire the knowledge, skills and attitudes needed to contribute to a healthy, democratic and pluralistic society and a prosperous and sustainable economy;

THEREFORE HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:

Definitions

1 (1) In this Act:

"authority" means

(a) a society incorporated under the Society Act,

(b) a corporation incorporated under the Company Act or a private Act, or

(c) a person designated, by regulation, as an authority

that operates or intends to operate an independent school;

"board" means a board as defined in the School Act;

"capital expenses" means

(a) expenses incurred by an authority for and incidental to the acquisition of assets of a permanent or semipermanent nature,

(b) expenses incurred in acquiring and developing sites for independent school purposes,

(c) expenses incurred in purchasing, constructing, reconstructing, making major alterations to, furnishing and equipping buildings for independent school purposes,

(d) expenses incurred in acquiring vehicles and their accessories, and

(e) contingent and other expenses incurred that are of a capital nature;

"certificate of group classification" means a certificate issued under section 4 (1) or an interim certificate issued under section 4 (2);

"certified teacher" means a teacher

(a) who holds a certificate of qualification under the Teaching Profession Act,

(b) who holds a certificate of qualification issued by the inspector under this Act or the former Act, or

(c) with respect to whom a letter of permission has been issued to an authority by the inspector;

"educational program" means an organized set of learning activities that is designed to enable learners to develop their individual potential and to acquire the knowledge, skills and attitudes needed to contribute to a healthy, democratic and pluralistic society and a prosperous and sustainable economy;

"former Act" means the School Support (Independent) Act, R.S.B.C. 1979, c. 378;

"guardian" means guardian of the person of a child within the meaning of the Family Relations Act;

"independent school" means a school that is, or is to be, maintained and operated in British Columbia by an authority and

(a) that offers an educational program to 10 or more school age students,

(b) that meets the requirements of section 2 (e) of the Schedule and otherwise qualifies for a certificate of group classification, or

(c) for which an authority holds a subsisting interim certificate issued under section 4 (2),

but does not include

(d) a public school or Provincial school, or

(e) a school that

(i) solely offers religious instruction,

(ii) solely offers language instruction,

(iii) solely offers a program of social or cultural activities,

(iv) solely offers a program of recreational or athletic activities, or

(v) is designated by the inspector;

"independent school teacher certification committee" means an independent school teacher certification committee constituted under section 5;

"inspector" means the inspector of independent schools appointed under section 2;

"operating expenses" means all expenses incurred by an authority that are not capital expenses and includes

(a) expenses incurred in the operation, repair, maintenance and minor alteration of buildings used for or in connection with independent school purposes,

(b) expenses incurred in the maintenance of furniture and equipment and the replacement of furniture and equipment,

(c) expenses incurred in conducting feasibility studies and in securing options for sites or buildings required for independent school purposes or for use in connection with them, and

(d) principal repayments and interest payments on debt incurred by the authority;

"partially qualifying student" means a person who would otherwise be a qualifying student except that he or she is enrolled in an independent school for less than 135 school days between July 1 and May 15 in the school year;

"principal" means the teacher responsible for administering and supervising an independent school;

"Provincial school" means a Provincial school as defined in the School Act;

"public school" means a school as defined in the School Act;

"qualifying student" means a person of school age

(a) who is enrolled in an independent school for at least 135 school days between July 1 and May 15 in a school year, and

(b) whose parent or guardian

(i) is, or was at the time of that parent's or guardian's death, a citizen of Canada or a landed immigrant who is or was at the time of the parent's or guardian's death a permanent resident of British Columbia, or

(ii) is lawfully admitted to Canada and is resident in British Columbia;

"school age" means school age as determined under subsection (2);

"school district" means a school district as defined in the School Act;

"school year" means the period commencing on July 1 and ending on the following June 30;

"student" means a person enrolled in an independent school;

"teacher" means a person employed by an authority to provide an educational program to students or to administer or supervise the provision of an educational program to students.

(2) A person is deemed

(a) to be of school age at the beginning of a school year if the person will have reached age 5 on or before December 31 of that school year, and

(b) to continue to be of school age until the end of the school year in which the person reaches age 19.

(3) A child who is registered under section 10 is deemed not to be enrolled in an independent school.

Staff and duties

2 (1) There is to be appointed, under the Public Service Act, an inspector of independent schools who is responsible to the minister for the administration of this Act.

(2) The inspector may authorize a person to inspect and evaluate independent schools, teachers, the operations of an authority, educational programs provided by independent schools and educational resource materials and school buildings and other buildings used in conjunction with the school.

(3) A person authorized to make an inspection and evaluation under this section may

(a) enter a school building or any other building, used in conjunction with the school or offices of the authority, or any part of them for purposes of conducting the inspection and evaluation,

(b) inspect any record of an authority relating to the operation or administration of the independent school, and

(c) examine the achievement of students and examine and assess teachers, programs, operations and administration of the school.

External evaluation committees

3 (1) For the purposes of issuing or renewing certificates of group classification and for the purposes of inspecting and evaluating independent schools, the inspector may

(a) constitute one or more external evaluation committees,

(b) appoint the members of those committees,

(c) specify the duties of those committees, and

(d) provide for remuneration of and payment of expenses to members of the committee.

(2) The inspector may specify that a committee constituted under subsection (1) has the powers of a person authorized to make an inspection and evaluation under section 2.

Classification of independent schools

4 (1) On application by an authority, the inspector must issue or renew a certificate classifying an independent school into one or more of the groups set out in the Schedule if the inspector is satisfied that the authority and the independent school meet

(a) the requirements for that certificate set out in the Schedule,

(b) the educational standards established by the minister, and

(c) any additional requirements specified by the inspector.

(2) On application by an authority, the inspector may issue an interim certificate classifying an independent school that the authority is operating or intends to operate into group 3 or 4 if the inspector is satisfied that the requirements for the interim certificate set out in the Schedule

(a) are met by the authority, and

(b) are met by the independent school or, in the case of an independent school that has not begun to operate, will be met by the independent school on the commencement of its operations.

(3) If the inspector determines that an independent school meets the requirements for a certificate of group classification other than the one held by the authority for that school, the inspector must issue, on application by the authority, a new certificate of group classification for the school and may order that the effective date of the new certificate is a date, as designated by the inspector, earlier than the date of the application.

(4) The inspector may

(a) attach conditions to a certificate of group classification issued or renewed under this section,

(b) cancel a certificate of group classification

(i) on issuing a new certificate of group classification, or

(ii) on request of an authority, and

(c) cancel or suspend a certificate of group classification of an independent school if the authority operating the school

(i) fails to maintain the standards and requirements referred to in subsection (1) during any part of the period of the certificate of group classification,

(ii) breaches a condition of the certificate of group classification, or

(iii) fails to comply with this Act and the regulations or a requirement of the inspector.

(5) If the inspector cancels or suspends a certificate of group classification under subsection (4) (c), the inspector, for the purposes of a grant under section 12, may order that

(a) the earliest day of the failure or breach under subsection (4) (c) is the effective date of cancellation or suspension, and

(b) if the inspector issues a new certificate of group classification, the effective date for that certificate is the same as the effective date for the cancellation or suspension of the previous certificate.

(6) If the inspector refuses to issue or renew a certificate of group classification to or cancels the certificate of group classification of an independent school, the authority operating the school may appeal, within 60 calendar days, the inspector's decision to the minister whose decision is final.

(7) Subject to the regulations, the inspector may recognize different grades within an independent school for the purposes of issuing not more than 2 different certificates of group classification with respect to that independent school.

Independent school teacher certification committee

5 (1) The minister may, for the purposes of subsection (2),

(a) constitute an independent school teacher certification committee,

(b) name the persons to be members of the committee, and

(c) provide for remuneration of and payment of expenses to members of the committee.

(2) Subject to the regulations, the inspector may do any of the following:

(a) issue certification to a person if the applicant meets guidelines developed by the independent school teacher certification committee and approved by the inspector;

(b) issue certification to a person on the recommendation of the independent school teacher certification committee;

(c) issue a letter of permission to an authority permitting the authority to utilize the services of a person as a teacher for that authority for a specified period of time;

(d) issue subject to conditions or refuse to issue

(i) a certification under paragraph (a),

(ii) a certification under paragraph (b), or

(iii) a letter of permission under paragraph (c).

(3) The inspector may suspend or revoke for cause

(a) the certification of a teacher on the recommendation of the independent school teacher certification committee, or

(b) a letter of permission issued to an authority.

(4) If the inspector has refused to issue certification to a teacher or has suspended or revoked a teacher's certification, the teacher may appeal, within 60 calendar days, to the minister whose decision is final.

Reports, statements, records

6 An authority must submit to the inspector

(a) reports and statements in the forms and at the times the inspector requires, and

(b) on the closure of an independent school, the records the inspector may require.

Report of dismissal, suspension or discipline

7 (1) If an authority dismisses, suspends or otherwise disciplines a member of the College of Teachers established under the Teaching Profession Act or a person holding a certificate of qualification issued under the Teaching Profession Act, it must without delay report the dismissal, suspension or disciplinary action to the council of the College of Teachers, giving reasons, and must send a copy of the report to the member of the College of Teachers or person holding the certificate.

(2) If a member of the College of Teachers or a person holding a certificate of qualification issued under the Teaching Profession Act resigns from employment with an authority, the authority must without delay report the circumstances of the resignation to the council of the College of Teachers, if the authority considers that it is in the public interest to do so, and must send a copy of the report to the member of the College of Teachers or person holding the certificate.

(3) An authority that has made a report to the College of Teachers under this section in respect of a member of the College of Teachers or a person holding a certificate of qualification issued under the Teaching Profession Act must, without delay after being requested to do so by the College of Teachers,

(a) provide the College of Teachers with all of the records available to the authority that touch on the matter in respect of which the report was made, and

(b) send a copy of the records referred to in paragraph (a) to the member of the College of Teachers or the person holding the certificate.

Principal

8 An authority that operates an independent school must designate a teacher to be the principal of the independent school.

Educational resource materials

9 (1) An authority is, for an independent school in respect of which the authority holds a subsisting certificate of group classification,

(a) entitled to receive, without charge, the educational resource materials and services the minister determines, and

(b) entitled to purchase the educational resource materials the minister determines.

(2) The minister may, in determining the resource materials and services that authorities are entitled to receive or purchase under subsection (1), differentiate between authorities on one or more of the following bases:

(a) the group classification of the independent school for which an authority holds a certificate of group classification;

(b) the enrollment in that independent school;

(c) the school district within which that independent school is located.

Registration of home schooled children

10 (1) An independent school, for which an authority holds a subsisting certificate of group classification, may register a child who is being educated at home.

(2) An independent school that registers a child under this section must provide the child with access to educational services in accordance with the regulations.

(3) An authority holding a certificate of group 1 or group 2 classification for an independent school that registers a child under this section is entitled to receive a grant as determined by the minister.

Entitlement of independent schools

11 (1) An independent school for which an authority holds a certificate of group 1, group 2 or group 4 classification may

(a) use in its publications the phrase "certified by the Province of British Columbia",

(b) issue a British Columbia graduation diploma subject to the conditions specified by the inspector, and

(c) receive provincial assessment and examination results.

(2) Subsection (1) (b) does not apply to an independent school for which an authority holds a certificate of group 4 classification unless all of the teachers of the independent school are certified teachers.

Grant

12 (1) The Minister of Finance and Corporate Relations must pay, out of money appropriated by the Legislature for that purpose, for the school year to each authority for each independent school for which that authority holds a certificate of group 1 or group 2 classification, a grant calculated in accordance with the regulations.

(2) A grant for a school year must be paid in accordance with a schedule of payments set by the minister, with the first payment being made before February 1 in that school year and the last before December 1 in the next school year.

(3) If an authority receives a grant in respect of an independent school for which the authority holds a certificate of group 1 or group 2 classification, the authority must only use the grant to pay operating expenses of that school.

(4) A grant must not exceed the operating costs, as determined by the minister, of the independent school for the school year to which the grant applies.

(5) If the inspector is satisfied that an independent school for which the authority holds a certificate of group 1 or group 2 classification has, during the school year for which a certificate of group classification has been given, ceased to comply with this Act and the regulations or a requirement of the inspector, the inspector may order grant installments be withheld, reduced or discontinued.

(6) If the inspector makes an order under subsection (5), the authority may appeal the order, within 60 days of the making of the order, to the minister whose decision is final.

Special purpose grants

13 (1) On the recommendation of the minister, the Minister of Finance and Corporate Relations may pay a special purpose grant to an authority for an independent school.

(2) A grant under subsection (1)

(a) must be in the amount determined by the minister, and

(b) is in addition to all other grants payable to the authority under the Act.

Minister's discretion

14 (1) The minister may, in determining the amount of the grants to be paid to an authority for an independent school under section 10 (3) or 13 (1), determine that the authority is, for the independent school, to be paid grants that differ in amount or in one or more other respects from the grants to be paid to that authority or to another authority for a different independent school.

(2) The minister may, in making the determinations referred to in subsection (1), consider any factor that the minister, in the minister's sole discretion, considers relevant, including, without limitation,

(a) the group classification of the independent school,

(b) the enrollment in the independent school,

(c) the school district within which the independent school is located, and

(d) the programs or resources available at the independent school.

Injunctive relief

15 (1) The inspector may apply to the Supreme Court, by originating application, for

(a) a declaration that a person or an authority is contravening this Act, or

(b) an interim or permanent injunction restraining the person or authority from contravening this Act.

(2) The Supreme Court may issue the declaration or injunction applied for under subsection (1) and may make a further order requiring the person or authority to publish particulars of any judgment, declaration, order or injunction issued against the person or authority under subsection (1) (a) or (b) in a manner that will assure prompt and reasonable communication to the public.

Proof of interim injunction

16 In any application under section 15 (1) (b) for an interim injunction,

(a) the court must give greater weight, importance and the balance of convenience to the enforcement of this Act than to the continued operation of the school,

(b) the inspector is not to be required to post a bond or give an undertaking as to damages, and

(c) the inspector need not establish that irreparable harm will be done if the interim injunction is not issued.

No staying of certain orders

17 Despite any other Act, an appeal to the Court of Appeal does not operate as a stay of an interim or permanent order or injunction referred to in section 15 (1) (b).

Power to make regulations

18 (1) The Lieutenant Governor in Council may make regulations referred to in section 41 of the Interpretation Act.

(2) Without limiting subsection (1), the Lieutenant Governor in Council may make regulations as follows:

(a) governing eligibility for and the calculation of grants under section 12,

(b) governing the issue, expiry, renewal, cancellation, suspension and reinstatement of a certificate of group classification,

(c) establishing requirements for authorities that hold a certificate of group classification,

(d) governing bonding requirements for independent schools, and

(e) amending the Schedule other than section 1 of the Schedule.

(3) Regulations under this section may be specific or general in their application and may make different provision

(a) for different group classifications of independent schools, and

(b) in the case of regulations made under subsection (2) (a), for different authorities or different independent schools within a single group classification.

Offence

19 (1) A person must not provide or purport to provide schooling to persons of school age other than in

(a) an independent school for which an authority holds a subsisting certificate of group classification,

(b) a public school,

(b.1) a francophone school operated by a francophone education authority as defined in the School Act,

(c) a Provincial school,

(d) a school operated by the government of Canada or by an Indian band as defined in the Indian Act (Canada),

(e) a university or institution as defined in the College and Institute Act, or

(f) a school that

(i) solely offers religious instruction,

(ii) solely offers language instruction,

(iii) solely offers a program of social or cultural activities,

(iv) solely offers a program of recreational or athletic activities, or

(v) is designated by the inspector.

(2) Subsection (1) does not prevent a person from providing schooling to fewer than 10 children.

(3) A person must not operate or purport to operate an independent school unless the person holds a certificate of group classification under this Act.

(4) An authority must not assume, display or use the phrase "certified by the Province of British Columbia" with respect to an independent school for which a certificate of group 3 classification has been issued.

(5) A person who contravenes this section commits an offence.

(Note: Section 4)

Classification of Independent Schools

Basic requirements for certificates for groups 1 to 4 classification

1 Before issuing or renewing a certificate of group 1, group 2, group 3 or group 4 classification to an authority the inspector must be satisfied that

(a) no program is in existence or is proposed at the independent school that would, in theory or in practice, promote or foster doctrines of

(i) racial or ethnic superiority or persecution,

(ii) religious intolerance or persecution,

(iii) social change through violent action, or

(b) the independent school facilities comply with the enactments of British Columbia and the municipality or regional district in which the facilities are located, and

(c) the authority complies with this Act and the regulations.

Additional requirements for certificates for groups 1 and 2 classification

2 In addition to the section 1 requirements, the inspector must be satisfied that an independent school for which an authority is to be issued or have renewed a certificate of group 1 or group 2 classification meets the following requirements:

(a) the independent school is operated by a non-profit authority;

(b) at least 1/2 of the students enrolled in the independent school are qualifying students or partially qualifying students;

(c) the following applies to the independent school:

(i) it was operated by the authority applying for the certificate, or the renewal of the certificate, for the school year that immediately precedes the date of application,

(ii) it was acquired, in all or part, during the period from September to June of the current school year from another authority that maintained and operated it in the current school year, it has enrolled at least 40% of the students who were enrolled in it at the time of the acquisition from the other authority and there is a sufficient continuity of educational philosophy, curriculum and delivery of educational philosophy and curriculum to prevent a disruption of the educational program for its students, or

(iii) it was acquired, in all or part, during the period from July to August of the current school year from another authority that maintained and operated it in the school year that immediately preceded the current school year, it has enrolled at least 40% of the students who were enrolled in it in the school year immediately preceding the current school year and there is a sufficient continuity of educational philosophy, curriculum and delivery of educational philosophy and curriculum to prevent a disruption of the educational program for its students;

(d) the independent school facilities are adequate for instructional purposes;

(e) the enrollment in the independent school

(i) is not fewer than 10 school age students on September 30 of each school year, or

(ii) if fewer than 10 school age students on September 30 of any school year, was not fewer than 10 school age students on September 30 of the immediately preceding school year.

Additional requirements for certificates for group 1 classification

3 (1) In addition to the requirements under sections 1 and 2, the inspector must be satisfied that an independent school for which an authority is to be issued a certificate of group 1 classification meets the following requirements:

(a) the per FTE student cost as determined by the minister for the independent school for the previous school year is the same as, or less than, the per FTE student cost of the public school district in which the independent school is located, as determined by the minister for the previous school year;

(b) the independent school will establish an educational program for the current school year that complies with the instructional time and program requirements determined by the minister;

(c) the independent school has established an evaluation program that

(i) demonstrates student progress in achieving intellectual development, human and social development and career development,

(ii) includes provincial assessment and examination programs, and

(iii) satisfies the inspector;

(d) all of the teachers of the independent school are certified teachers.

(2) An independent school that is issued a certificate of group 1 classification must

(a) undergo an initial external evaluation,

(b) undergo an external evaluation after that at least once every 6 years, and

(c) be inspected at least once every 2 years.

Additional requirements for certificates for group 2 classification

4 The inspector must be satisfied that an independent school for which an authority is to be issued a certificate of group 2 classification meets all the requirements applicable for a certificate of group 1 classification other than the requirement under section 3 (1) (a).

Additional requirements for certificates for group 3 classification

5 In addition to the requirements in section 1, the inspector must be satisfied that an independent school for which an authority is to be issued a certificate of group 3 classification meets the following requirements:

(a) at least 1/2 of the students enrolled in the independent school are qualifying students or partially qualifying students;

(b) the independent school will undergo an evaluation satisfactory to the inspector.

Additional requirements for certificates for group 4 classification

6 (1) In addition to the requirements in section 1, the inspector must be satisfied that an independent school for which an authority is to be issued a certificate of group 4 classification meets the following requirements:

(a) the independent school will establish an educational program for the current school year that complies with the instructional time and program requirements determined by the minister;

(b) the independent school has established an evaluation program that

(i) demonstrates student progress in achieving intellectual development, human and social development and career development,

(ii) includes provincial assessment and examination programs, and

(iii) satisfies the inspector;

(c) the independent school complies with prescribed bonding requirements;

(d) 80% of the teachers of the independent school are certified teachers;

(e) [Repealed B.C. Reg. 178/2001.]

(f) the independent school facilities are adequate for instructional purposes;

(g) the independent school's educational program, fees, accommodation and policy pertaining to the refund of school fees or other costs must be consistent with any promotional or other informational material published or supplied by the authority.

(2) An independent school that is issued a certificate of group 4 classification must

(a) undergo an initial external evaluation,

(b) undergo an external evaluation after that at least once every 2 years, and

(c) be inspected at least once every year.

Requirements for interim certificates for group 3 classification

7 Before issuing or renewing an interim certificate of group 3 classification, the inspector must be satisfied

(a) that the independent school facilities comply with or, if the independent school facilities have not been completed by the date of the application for the interim certificate, will on the completion of those facilities comply with the enactments of British Columbia, the municipality and the regional district in which the facilities are or will be located, and

(b) by a letter of intention provided by the applicant authority to the inspector and containing the information required by the inspector, that the independent school has been or, if the independent school has not begun to operate by the date of the application for the interim certificate, will on the commencement of operations be established in keeping with the requirements under sections 1 and 5 for a certificate of group 3 classification.

Requirements for interim certificates for group 4 classification

8 Before issuing or renewing an interim certificate of group 4 classification, the inspector must be satisfied

(a) that the independent school facilities comply with or, if the independent school facilities have not been completed by the date of the application for the interim certificate, will on the completion of those facilities comply with the enactments of British Columbia, the municipality and the regional district in which the facilities are or will be located,

(b) that the independent school facilities are adequate or, if the independent school facilities have not been completed by the date of the application for the interim certificate, will on the completion of those facilities be adequate for instructional purposes,

(c) that the authority has complied with prescribed bonding requirements for the independent school, and

(d) by a letter of undertaking provided by the applicant authority to the inspector and containing the information required by the inspector, that the independent school has been established or, if the independent school has not begun to operate by the date of the application for the interim certificate, will on the commencement of operations be established in keeping with the requirements under sections 1 and 6 for a certificate of group 4 classification.

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