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Compendium Notebook: School Law in the Province of Alberta

Compendium Notebook
School Law: Province of Alberta
Complied by Amanda Tam, Debra Tapping and Clare Willison
University of New England
EDU 702

Compendium Notebook: School Law in the Province of Alberta

Module 1: Legal Framework

1. The Province of Alberta created the School Act, which contains our education laws.
http://www.qp.alberta.ca/documents/acts/s03.pdf The school Act is broken down into eleven
parts.
Part One- Students
This section discusses a students right of access to education. It defines compulsory education as
well as attendance requirements. Liability for damage to property by a student is addressed.
Part Two- Schools
This section is separated into four divisions. The first division is schools operated by a board,
division two other schools, division three charter schools and division four general.
Division one details the responsibilities of teachers, principal designates, principals, alternative
programs, school councils. This section contains information regarding student records,
suspensions, expulsions, flags, and prohibited activities.
Division two discussed requirements to be registered as a private school. It goes on to outline
home education programs and the early childhood services program.
Division three outlines the application process for becoming a charter school and the
requirements to gain this designation. It outlines the restrictions on operators, and the operation
of charter schools. It goes on to explain the requirements for the charter, application of an act
and regulations.
Division four is general. This section elaborates on courses, programs, investigators, inquiry into
administration and the appointment of an official trustee.
Part three- School Boards
Within the School Boards the school act looks at provision of educational and associated
services, operation and management and conflict of interest. This section outlines specifications
for resident, special education and foreign students. Tuition fees, religious and patriotic
instruction and transportation are also discussed. Finally is discusses continuing education,
outlining school days and year as well as school closures. This section also outlines the
responsibilities of school boards.
Part four- Employment
This portion of the School Act explains the contractual information employment of teachers,
principals, and administrative, supervisory, consultative positions as well as non- teaching
employees. This section also discusses suspensions and terminations. Regulations regarding
salaries are also provided.
Part five- Appeals
Appeals concerning student matters, attendance board, board of reference and protection from
liability are present.
Part six- Finance
This section includes information regarding financial reporting, assessment of property,
requisitions and the Alberta School Foundation Fund. It also includes regulations regarding the
levying and collecting taxes by a board, borrowing and the special school tax levy.
Part seven- Property
This section elaborates on the ways boards can acquire and rent or lease property for educational
purposes. It also discusses the how to relinquish property when a board dissolves.

Compendium Notebook: School Law in the Province of Alberta

Part eight- Creation, dissolution and alteration of Districts, Divisions and Boards
The establishment and dissolution of public school districts and divisions, separate school
districts, separate school regions and regional divisions are outlined. The establishment and
alterations to boundaries are also discussed. Finally rules around the board of trustees are
outlined.
Part nine- Establishment and dissolution of Francophone education regions
The establishment and dissolution of the Francophone education regions is outlined.
Part ten- General
Procedures and rules for trustees are outlined.
Part eleven- Transitional
This is where the continuation regarding boards and trustees is continued.
2. Each province in Canada is responsible for developing, updating and maintaining the
education of the young people residing in the respective province. As part of this entity, there are
elected officials called Trustees who represent each school board in the province in both the
public and private sector. The Trustees are elected in the municipal election coinciding with the
Mayoral and city council election. In the past, there have been elections every three years for
Trustees, however; it was recently decided it was more economical to move each term to four
years. Within each school board, the trustees vote upon and elect their President, Vice President,
Secretary, Treasurer and all other positions required.
http://education.alberta.ca/admin/resources/election.aspx
All school boards in Alberta and the Northwest Territories are listed in Zones and categorized
into Public, Separate, Francophone and Charter schools.
http://education.alberta.ca/apps/schoolsdir/
All the school boards in the province of Alberta and the Northwest Territories are all members of
the Alberta School Boards Association. This association has a hired staff lead by the Executive
Director and an elected Board of Directors lead by their elected President. Any member of a
school board in Alberta or the Northwest Territories can run for a position in their Zone to be a
part of the Board of Directors. http://www.asba.ab.ca/
The Alberta School Board Association are members of the Canadian School Board Association
which consists of all provincial school boards in Canada. The CSBA represents 250 school
boards and over three million students across Canada. The Board of Directors for the CSBA
consists of elected members from each provincial school board. The CSBA supports, advocates
and promotes strong educational values and resources for students across the country.
http://cdnsba.org/
3. Provincial Court of Alberta
http://www.albertacourts.ab.ca/ProvincialCourt/tabid/70/Default.aspx
a This is the first point of entry into the justice system
b Cases are categorized into Civil (Small Claims Court), Criminal, Family, Traffic, and Youth
Court of Queens Bench
http://www.albertacourts.ab.ca/CourtofQueensBench/tabid/69/Default.aspx

Compendium Notebook: School Law in the Province of Alberta

a One judge hears the claims from both sides of the issue
b The Judge then makes a decision
c Either party can then appeal the ruling in the Court of Appeal
Court of Appeal http://www.albertacourts.ab.ca/CourtofAppeal/tabid/68/Default.aspx
a Three judges hear the appeal
b The judges then make a decision and majority rules
c The party who made the claim to the Court of Appeal can then take the issue higher if there
were errors in the trial or appeal process
d If the party wants to take the ruling higher, it will go before the Supreme Court of Canada
4. The Alberta Court of Appeals is a court serving the province of Alberta with two locations;
Edmonton and Calgary. The Court of Appeals hears appeals from the Court of Queens Bench,
the Provincial Court and Administrative Tribunals. The Court of Appeals is also able to offer
judgments on questions posed from the Lieutenant Governor; thus following the Judicature Act.
Information can be found at http://www.albertacourts.ab.ca/CourtofAppeal/tabid/68/Default.aspx
However, there are no specific articles or bodies of information including both the Alberta Court
of Appeal and education.
5. Public School Boards Association of Alberta versus The Attorney General of Alberta
http://scc-csc.lexum.com/decisia-scc-csc/scc-csc/scc-csc/en/item/1809/index.do
Jean-ClaudeMahe, Angeline Martel, Paul Dube and the Association de lecole Georges et Julia
Bugnet versus Her Majesty The Queen in right of the province of Alberta
http://scc-csc.lexum.com/decisia-scc-csc/scc-csc/scc-csc/en/item/580/index.do
Module 2: Tort Liability
1. In accordance with the Alberta School Act, the Calgary Catholic District follows a progressive
discipline policy that encourages positive intervention and non-violent outcomes. The Calgary
Catholic School District follows the Alberta School Act by encouraging safe and caring
environment where all aspects of student health and wellness are taken into account. However;
the district acknowledges that some cases may merit specialized discipline such as time-outs and
restraint. Time-outs and restraints are to be supervised closely and only done by personnel who
have been given specific training. Corporal punishment is not an accepted practice by the
Calgary Catholic School District.
https://staff.cssd.ab.ca/files/regulations/j/JK.pdf
2. Concussions
a. In 2012 the education act was amended to include concussions. This amendment
authorizes the Minister to create policies and guidelines with respect to head injuries and
concussions. School boards are required to establish policies and guidelines and to address
these matters.
http://www.ontla.on.ca/web/bills/bills_detail.do?locale=en&Intranet&BillID=2584
b. Calgary Catholic School Board provides all schools with the book The Safety Guidelines
for Physical Activity in Alberta Schools (2008). This book outlines procedures to help
ensure the safety of students while participating in physical activities.

Compendium Notebook: School Law in the Province of Alberta

https://education.alberta.ca/media/1109586/sg_physicalactivity.pdf
c. The Calgary Catholic School Board does not have any specific regulations regarding
concussions.

3. Formal legislation on bullying is present within the Education Act of Alberta. Alberta
promotes a welcoming, safe, respectful and caring environment for all students in educational
environments.
http://www.prevnet.ca/resources/policy-and-legislation/alberta/for-educators
http://www.qp.alberta.ca/1266.cfm?page=e00p3.cfm&leg_type=Acts&isbncln=9780779769346
4. Government of Alberta revised the Contributory Negligence Act in 2000 outlining the
appointment of liability, determination of degree of fault, questions of fact, last clear chance rule
not applicable, and adding party defendant. http://www.qp.alberta.ca/documents/Acts/C27.pdf
5. Interesting Cases
Madsen v. Mission School District No. 75, 1999 CanLII 5267 (BC SC)
Mission School District No. 75 was held liable when a grade twelve student injured his shoulder
during physical education class.
http://canlii.org/en/bc/bcsc/doc/1999/1999canlii5267/1999canlii5267.html?
searchUrlHash=AAAAAQAoTWFkc2VuIHYuIE1pc3Npb24gU2Nob29sIERpc3RyaWN0IE5vL
iA3NQAAAAAB
Hamilton v. School District #37 (Delta), 2010 BCSC 712 (CanLII)
School District No. 37 was not held liable for the injury sustained in physical education class
where a students nose was broken.
http://canlii.org/en/bc/bcsc/doc/2010/2010bcsc712/2010bcsc712.html?
searchUrlHash=AAAAAQAnSGFtaWx0b24gdi4gU2Nob29sIERpc3RyaWN0ICMzNyAoRGVs
dGEpAAAAAAE
Module 3: Church and State
1. Alberta is unique in that we offer both a public and separate school board as options for
parents. The School Act chapter S-3 ensures these options.
http://www.canlii.org/en/ab/laws/stat/rsa-2000-c-s-3/latest/rsa-2000-c-s-3.html This allows
Alberta the option of a school board that is reflective of the Roman Catholic theology, doctrine
and practices.
Similar to the Unite States Canadas Constitution Act, 1892 Part 1 Canadian Charter of Rights
and Freedoms protects Canadians fundamental rights and freedoms including freedom and
conscience and religion. http://www.solon.org/Constitutions/Canada/English/ca_1982.html
Public schools therefore are restricted from enforcing any form of prayer or medication that
infringes on these rights and freedoms.

2. Funds are allocated based on The Alberta School Foundation Fund that is distributed to school
boards. http://www.qp.alberta.ca/documents/acts/s03.pdf

Compendium Notebook: School Law in the Province of Alberta

To support school boards in distributing the allocated funds from the government, Alberta
Education issued the Funding Manual for school jurisdictions, accredited funded private
schools and private ECS operators with students/children in ECS to Grade 12.
https://education.alberta.ca/media/7407830/2013-2014%20funding%20manual-updated.pdf
The different school systems are defined as a Charter School, Private School or Public School.
They are allocated government funds according to their title. http://www.teachers.ab.ca/News
%20Room/IssuesandCampaigns/Ongoing%20Issues/Pages/Charter%20Schools%20Private
%20Schools%20and%20Vouchers.aspx
3. Alberta has no amendment similar to the Blaine Amendment. In Canada, funding from the
government comes to both public sectors as well as separate. The Canadian constitution
guarantees the right to Roman Catholic education. In the province of Alberta constituents pay
part of their property taxes toward education and are given the choice of public or separate to
dedicate their funds to. We call this fair and equitable funding.
http://education.alberta.ca/parents/educationsys/ourstudents/iii.aspx
4. Trinity Western Univeristy was denied establishing a teachers training program on the account
that the schools policy prohibited homosexual behavior violating the colleges antidiscrimination policy.
http://en.wikipedia.org/wiki/Trinity_Western_University_v._British_Columbia_College_of_Teac
hers
Ontario man sues the government for saying the Lord s Prayer at the beginning of council
meetings. http://life.nationalpost.com/2012/07/31/ontario-man-suing-county-for-5000-indamages-over-lords-prayer-at-council/
5. In Alberta, parents are given a wide range of school types to send their child to. Our
government supports all branches of education and choice for parents to send their child
somewhere of their choosing.
http://education.alberta.ca/parents/educationsys/ourstudents/iv.aspx
An interesting case regarding a transgendered teacher who was removed from a substitute roster
at a Catholic School board for going against Catholic beliefs.
http://www.albertacourts.ab.ca/jdb_new/public/qb/2003NewTemplate/qb/Civil/2014/2014abqb0014.pdf
A case regarding street church and the subsequent impact this form of religious sharing had on
vulnerable people such as homeless or drug addicted people.
http://www.albertacourts.ab.ca/jdb_new/public/pc/2003NewTemplate/pc/Criminal/2009/2009abpc0362.pdf
First Nations bands of Canada sue the federal government for loss of culture when they were
forced into Catholic boarding schools.
http://www.theglobeandmail.com/news/national/court-gives-go-ahead-to-lawsuit-over-nativesforced-adoptions-in-sixties-scoop/article13264268/
Module 4: Student Classification

Compendium Notebook: School Law in the Province of Alberta

1. Alberta Education funding guidelines for all schools for the 2013-14 school year.
https://education.alberta.ca/admin/funding/manual.aspx
Alberta Teachers Association policies on diversity, equity and human rights.
http://www.teachers.ab.ca/for%20members/Professional%20Development/Diversity%20and
%20Human%20Rights/Pages/Index.aspx
Promoting Equality of Educational Opportunity: A Canadian Report for the UNESCO Eighth
Consultation of Member States on the Implementation of the Convention and Recommendation
against Discrimination in Education.
http://www.cmec.ca/Publications/Lists/Publications/Attachments/289/2012.11_Promoting_Equal
ity_of_Educational_Opportunity_EN.pdf
Funding Supports in place for Equity in Education from Alberta Education; as mandated by the
government. A breakdown of budgets for initiatives within our Educational System.
http://education.alberta.ca/department/budget/funding.aspx
Home Education Regulations under the School Act of Alberta.
http://canlii.ca/en/ab/laws/regu/alta-reg-145-2006/latest/alta-reg-145-2006.html?
searchUrlHash=AAAAAQARZnVuZGluZyBlZHVjYXRpb24AAAAAAQ
Private School Regulations under the School Act of Alberta.
http://canlii.ca/en/ab/laws/regu/alta-reg-190-2000/latest/alta-reg-190-2000.html?
searchUrlHash=AAAAAQARZnVuZGluZyBlZHVjYXRpb24AAAAAAQ
The Alberta Education Act.
http://canlii.ca/en/ab/laws/stat/sa-2012-c-e-0.3/latest/sa-2012-c-e-0.3.html?
searchUrlHash=AAAAAQARZnVuZGluZyBlZHVjYXRpb24AAAAAAQ
Alberta School Foundation Fund Regulation.
http://canlii.ca/en/ab/laws/regu/alta-reg-250-1996/latest/alta-reg-250-1996.html#history
2. Guide to Implementation for English as a Second Language Kindergarten to grade 9.
https://education.alberta.ca/media/507659/eslkto9gi.pdf
Teaching Students who have Refugee Status or Illegal Immigrants.
http://teachingrefugees.com/
Standards for Special Education in Alberta, including Alberta Education Policy for homeless,
immigrant and ESL students.
https://education.alberta.ca/department/policy/standards/sestandards.aspx
Pertinent cases involving gender in education within Alberta.
http://www.albertahumanrights.ab.ca/publications/case_studies/gender.asp
Sexual Orientation and Gender Identity policy put forth by the Alberta Teachers Association.

Compendium Notebook: School Law in the Province of Alberta

http://www.teachers.ab.ca/For%20Members/Professional%20Development/Diversity%20and
%20Human%20Rights/Sexual%20Orientation/Pages/Index.aspx
Gender Equity Policy as put forth by the Alberta Teachers Association.
http://www.teachers.ab.ca/For%20Members/Professional%20Development/Diversity%20and
%20Human%20Rights/Gender%20Equity/Pages/Gender%20Equity.aspx
3. Alberta has no amendment similar to the Blaine Amendment. In Canada, funding from the
government comes to both public sectors as well as separate. The Canadian constitution
guarantees the right to Roman Catholic education. In the province of Alberta constituents pay
part of their property taxes toward education and are given the choice of public or separate to
dedicate their funds to. We call this fair and equitable funding.
http://education.alberta.ca/parents/educationsys/ourstudents/iii.aspx
4. Bill 44 was passed in Alberta enabling students to be protected from education that may teach
about sexual orientation.
http://www.assembly.ab.ca/ISYS/LADDAR_files/docs/bills/bill/legislature_27/session_2/200902
10_bill-044.pdf
The Alberta Human Rights Act prohibits discrimination based on sexual orientation; including
homosexuality, heterosexuality, or bisexualism.
http://www.qp.alberta.ca/1266.cfm?page=A25P5.cfm&leg_type=Acts&isbncln=9780779744060
Section 15 of the Canadian Charter of Rights and Freedoms states that no person shall be
discriminated against for sexual orientation; therefore protecting students in the classroom from
this discrimination.
http://www.pch.gc.ca/eng/1355929397607/1355929510108
5. In Alberta, parents are given a wide range of school types to send their child to. Our
government supports all branches of education and choice for parents to send their child
somewhere of their choosing.
http://education.alberta.ca/parents/educationsys/ourstudents/iv.aspx
An interesting case regarding a transgendered teacher who was removed from a substitute roster
at a Catholic School board for going against Catholic beliefs.
http://www.albertacourts.ab.ca/jdb_new/public/qb/2003NewTemplate/qb/Civil/2014/2014abqb0014.pdf

A case regarding street church and the subsequent impact this form of religious sharing had on
vulnerable people such as homeless or drug addicted people.

Compendium Notebook: School Law in the Province of Alberta

http://www.albertacourts.ab.ca/jdb_new/public/pc/2003NewTemplate/pc/Criminal/2009/2009abpc0362.pdf
First Nations bands of Canada sue the federal government for loss of culture when they were
forced into Catholic boarding schools.
http://www.theglobeandmail.com/news/national/court-gives-go-ahead-to-lawsuit-over-nativesforced-adoptions-in-sixties-scoop/article13264268/
Module 5: Children with Exceptionalities

1. Special Education coding requirements for funding from the government.

https://education.alberta.ca/media/841679/hdbk_severedisabilities.pdf
Legislation, Policy, Standards and Forms for the Standards for Special Education in Alberta
http://education.alberta.ca/department/policy/standards/sestandards.aspx
Calgary Catholic School District regulations on special education
http://www.cssd.ab.ca/files/regulations/ihba.pdf
Calgary Catholic School District regulations for gifted education
http://www.cssd.ab.ca/files/regulations/IHBB.pdf
Calgary Catholic School Districts regulations for the inclusive classroom
https://www.cssd.ab.ca/default.asp?V_ITEM_ID=1782
Inclusive education funding through the Alberta government
https://education.alberta.ca/admin/supportingstudent/schoolleaders/funding.aspx
Calgary Catholic School Districts regulations on student placement appeals
http://www.cssd.ab.ca/files/regulations/BDFB.pdf
2. J. was a student at Strathcona-Tweedsmuir School who was in going to be expelled because
she didnt complete grade 11 at a satisfactory level for the elite private school.
http://www.albertacourts.ab.ca/jdb/2003-/qb/civil/2010/2010abqb0559ed1.pdf
Student with cerebral palsy was defined as an exceptional student. At the request of the parents
she was placed at her neighborhood school on a trial basis. After three years the staff could no
longer care for the child and requested that she move to a school for exceptional students. Her
parents appealed the decision to move their daughter multiple times.
http://canlii.org/en/ca/scc/doc/1997/1997canlii366/1997canlii366.html?
searchUrlHash=AAAAAQAec3RydWN0dXJlIG9mIHNwZWNpYWwgZWR1Y2F0aW9uAAA
AAAE
Student with dyslexia was attending a regular school when the school cancelled the program due
to funding and discriminated against the student by expecting her to attend a private school. The
school also failed to provide a meaningful education.

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Compendium Notebook: School Law in the Province of Alberta

http://canlii.org/en/ca/scc/doc/2012/2012scc61/2012scc61.html?
searchUrlHash=AAAAAQARc3BlY2lhbCBlZHVjYXRpb24AAAAAAQ
3. Standards for Special Education Ministerial Order (#015/2004)
Special education refers to the education of students with mild, moderate, or severe disabilities
and those who are gifted and talented. This order covers high quality learning opportunities that
ensure the learning system meets the needs of all learners and society.
http://education.alberta.ca/department/policy/standards/sestandards.aspx
Educational Placement of Students with Special Needs Policy
Educating students with special needs in regular classrooms in neighbourhood or local schools
shall be the first placement option considered by school boards, in consultation with students,
parents/ guardians and school staff.
http://education.alberta.ca/admin/supportingstudent/schoolleaders/placement.aspx
Supporting Every Student Education Supports Sector
Promote inclusion and equitable learning for all, provide quality learning environments in
working with school authorities, stakeholders, and ministry partners, and lastly, support the
minister.
http://education.alberta.ca/admin/supportingstudent.aspx
4. Moving Toward an Inclusive Education System in Alberta. This explains the move Albert
education is making to meet the needs of all students.
https://education.alberta.ca/media/1296822/inclusiveeducationfacts.pdf
The inclusive education library provides resources for teachers to assist with programming.
http://www.learnalberta.ca/content/ieptLibrary/
Module 6: Student Rights
1. Province of Alberta School Act http://www.qp.alberta.ca/documents/acts/s03.pdf provides an
outline of student rights including School Attendance (Part 1 section 15), Charter Schools (Part
2 Division 3 Charter Schools), Home Schooling (Part 2 Division 2 Other Schools), Student
Records (Part 2 Division 1 Schools section 23). The School Act discusses Home Education
Programs (Part 2 Division 2 Other Schools Section 29) this statue allows for education outside
the classroom and sometimes it has an online component.
The Schools in Alberta do not collect any information regarding health all that information is
collected through Health Services.
Calgary Catholic School District collects user fees for transportation
https://www.cssd.ab.ca/default.asp?V_ITEM_ID=214 . The district also collects School fees
https://www.cssd.ab.ca/default.asp?V_ITEM_ID=196 .

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Compendium Notebook: School Law in the Province of Alberta

Calgary Catholic School District keeps the student records at the school the student is attending
https://www.cssd.ab.ca/default.asp?
MARK_SEARCH=YES&SEARCH_ID=s1&V_ITEM_ID=217 . Freedom of Information and
Protection of Privacy Act is in place to maintain a balance between the publics right to know
and the individuals right to privacy http://www.servicealberta.ca/foip/documents/faq-schooljurisdictions.pdf
School Curriculum Requirements for Alberta are outlined in our Program of Studies
https://education.alberta.ca/teachers/program.aspx
2. School Act: The Student Sections 1(1)(gg), 12 States that students shall conduct themselves
reasonably to comply with the code of conduct.
http://education.alberta.ca/media/6719891/guidetoed2012.pdf
Freedom of Information and Protection of Privacy Act (FOIP Act)
Ensures public bodies are accountable by providing a right of access to records and to protect the
privacy of individuals by controlling the manner in which public bodies collect, use and disclose
personal information. http://www.servicealberta.ca/foip/resources/guidelines-and-practices.cfm
Calgary Catholic School District: Student Conduct
All members of our community are sacred and must be treated with dignity and respect. We
value excellence in Catholic education, guided by shared responsibility and the moral authority
of the Church. The rationale for student conduct includes and is not limited to: progressive
discipline plan, bullying, physical harm/assault, hazing, drug and alcohol use, student dress code,
and use of mobile devices. https://www.cssd.ab.ca/files/regulations/JIC.pdf
3. This is the Calgary Catholic School District document on Student Discipline.
https://www.cssd.ab.ca/files/regulations/jk.pdf
The Calgary Catholic Policy on Student Attendance.
http://intranet/files/regulations/J/JE.pdf
The Calgary Catholic Policy on Student Conduct.
http://intranet/files/regulations/J/JIC.pdf
The Calgary Catholic Policy on Locker Searches.
http://intranet/files/regulations/j/JIHA.pdf
The Calgary Catholic Policy on Suspension/Expulsion.

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Compendium Notebook: School Law in the Province of Alberta

http://intranet/files/regulations/J/JKDJKE.pdf
The Alberta School Act (and amendments) covering sections C. S-2, s. 25, s. 124(1)(d), c. 30, s.
3 In regards to suspension and expulsion. Section 45(8) covers Search at school. R.S.A. 2000, s.
3; s. 12; s. 20 covers dress code.
http://www.qp.alberta.ca/1266.cfm?page=s03.cfm&leg_type=Acts&isbncln=9780779775149
http://www.qp.alberta.ca/1266.cfm?
page=0CH30SUPP_UNPR.cfm&leg_type=Acts&isbncln=0779704533
Random Searches in School is covered in the Canadian Charter of Rights and Freedoms (R. v.
A.M., [2008] 1 S.C.R. 569, R. v. M. (M.R.), [1998] 3 S.C.R. 393)
http://laws-lois.justice.gc.ca/eng/const/page-15.html
4. This case was a high school teacher who was charged for spreading hate in his classes.
http://scc-csc.lexum.com/scc-csc/scc-csc/en/item/695/index.do
This case, involving dress code, was from a case where a student was no longer allowed to wear
his kirpan to school despite its religious meaning due to safety concerns.
http://scc-csc.lexum.com/scc-csc/scc-csc/en/item/15/index.do?
r=AAAAAQARc2Nob29sIGRyZXNzIGNvZGUAAAAAAQ
A case where a vice-principal was given a tip about a student possessing drugs. The viceprincipal acted on the tip and searched the student.
http://scc-csc.lexum.com/scc-csc/scc-csc/en/item/1666/index.do?
r=AAAAAQAcc2VhcmNoIGFuZCBzZWl6dXJlIGluIHNjaG9vbAAAAAAB
Another case about search and seizure involving sniffer dogs.
http://scc-csc.lexum.com/scc-csc/scc-csc/en/item/4628/index.do?
r=AAAAAQAcc2VhcmNoIGFuZCBzZWl6dXJlIGluIHNjaG9vbAAAAAAB

Module 7: Teachers Rights

1. In Alberta tenure is defined as a teacher who is on a continuing contract, which entitles them
to rights, conveyed by law and as a result is protected from unjust contract termination. A

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Compendium Notebook: School Law in the Province of Alberta

teacher who is on a probationary contract (non-tenure) has similar rights up to the point that their
contract expires.
According to the School Act, a school board must prove that the school board had a valid reason
for termination such as misconduct, incompetence, neglect of duty or conviction of a criminal
offense. The board must follow statutory procedures and must adhere to the rules of natural
justice.
http://www.teachers.ab.ca/Publications/Other%20Publications/Teachers
%20Guides/Pages/Tenure.aspx
2. There are several laws in place to protect whistle-blowing in Canada and Alberta. These laws
have been put in place to protect employees who disclose information about wrong doing.
1. Section 425.1 of the Criminal Code came into affect on September 15th, 2004
http://yourlaws.ca/criminal-code-canada/4251-threats-and-retaliation-against-employees
2. Public Servants Disclosure Protection Act came into affect on September April 15th, 2007.
http://laws-lois.justice.gc.ca/eng/acts/P-31.9/page-1.html
3. Public Interest Disclosure (Whistleblower Protection) came into affect in Alberta June 1st,
2013.
http://www.qp.alberta.ca/documents/Acts/p39p5.pdf
3. Educational Resource Review and Development
Alberta Education authorizes and develops print, digital and multimedia resources that assist
teachers in implementing programs of study and educational initiatives while also enhancing
learning opportunities for students in Alberta.
When resources are needed to support a particular course, program of studies or educational
initiative, Alberta Education invites publishers, producers, developers and suppliers to respond to
a Call for Resources, Call for Proposals or Request for Proposals.
Alberta Education develops a select number of resources to meet priority needs when such
resources are not commercially available. These resources include special education resources,
parent resources and guides to implementation for specific subject areas. Writers and editors of
these resources are contracted through the Alberta Purchasing Connection.
https://education.alberta.ca/department/publishers.aspx

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Compendium Notebook: School Law in the Province of Alberta

4. Albertas Child Intervention System

The child intervention system is part of Albertas system of support for families that encourages
good outcomes for children and youth.
Child intervention services are focused on the well-being of children, supporting families to be
healthy, and ensuring children grow up in safe and nurturing homes. Intervention services are
provided when there are concerns that a child or youth is being neglected or abused by their
parent or guardian.
http://humanservices.alberta.ca/abuse-bullying/15403.html
Under the Child, Youth and Family Enhancement Act, Alberta Human Services staff conduct the
day-to-day business of child intervention, foster care and adoption services.
http://www.qp.alberta.ca/documents/Acts/c12.pdf
Alberta Response Model: Differential Response
Differential Response seeks to improve outcomes for children, youth and families in need of
intervention to help them live in stable and nurturing environments.
http://humanservices.alberta.ca/abuse-bullying/15405.html
5. Alberta Human Rights Act covers all human rights. The specific section pertaining to
employment is covered in section 7.
http://www.qp.alberta.ca/1266.cfm?page=A25P5.cfm&leg_type=Acts&isbncln=9780779744060
The Alberta Teachers Association has a section dedicated to member services; one of which is to
assist teachers with their rights and cases of discrimination.
http://www.teachers.ab.ca/For%20Members/Advice%20and%20Assistance/Pages/MemberServices.aspx
The Alberta Teachers Association has a section in which teachers can look into and take part in
professional development on diversity, human rights and equality.
http://www.teachers.ab.ca/For%20Members/Professional%20Development/Diversity%20and
%20Human%20Rights/Pages/Index.aspx
This is the Calgary Catholic School District policy on harassment, violence and discrimination.
https://staff.cssd.ab.ca/files/regulations/G/gbaa.pdf
6. This case was a case that was made very public in Alberta where a teacher who was
transgendered fought for his rights to continue teaching in a Catholic setting despite his
transgendered status.
http://www.ctvnews.ca/canada/transgender-teacher-s-case-should-be-heard-by-alberta-humanrights-tribunal-judge-1.1634518
This case explored the teachers rights to be Catholic or not while teaching for a Catholic School
Board.
http://www.canlii.org/en/on/onca/doc/1999/1999canlii3715/1999canlii3715.html
This case explored a teacher who was claiming discrimination against age when she and the
board disagreed on how to handle funds she had placed into retirement accounts.

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Compendium Notebook: School Law in the Province of Alberta

http://www.canlii.org/en/ab/abgaa/doc/2011/2011canlii94983/2011canlii94983.html?
searchUrlHash=AAAAAQAWdGVhY2hlciBkaXNjcmltaW5hdGlvbgAAAAAB
Another age discrimination case is the one below. This teacher complained that she was being
discriminated against for her age and forced into an early retirement.
http://www.canlii.org/en/ab/abqb/doc/1980/1980canlii1107/1980canlii1107.html?
searchUrlHash=AAAAAQAWdGVhY2hlciBkaXNjcmltaW5hdGlvbgAAAAAB
This teacher complaint is regarding discrimination against physical limitations when the Calgary
Board of Education wouldnt make work place arrangements to allow him to work in a school
closer to his home following an injury in a car accident.
http://www.canlii.org/en/ab/abhrc/doc/2007/2007ahrc2/2007ahrc2.html?
searchUrlHash=AAAAAQAWdGVhY2hlciBkaXNjcmltaW5hdGlvbgAAAAAB
7. Other Items
Rights, responsibilities and legal liabilities of Alberta teachers.
http://www.teachers.ab.ca/Teaching%20in%20Alberta/Becoming%20a%20Teacher/Teachers
%20Rights%20and%20Responsibilities/Pages/Teachers%20Rights%20and
%20Responsibilities.aspx
https://www.teachers.ab.ca/Publications/Other%20Publications/Teachers%20%20Rights
%20Responsibilities%20and%20Legal%20Liabilities/Pages/Index.aspx
https://www.teachers.ab.ca/SiteCollectionDocuments/ATA/Publications/Teachers-asProfessionals/MON-2%20Teachers%20Rights.pdf
Module 8: Terms and Conditions of Employment
1.To teach in the Alberta Education System, all teachers must hold a valid teaching authority
before their employment begins with a school authority. The Minister of Education is
responsible for issuance of teacher authority in Alberta.
http://www.education.alberta.ca/teachers/certification.aspx
In Alberta teachers must declare they are committed to applying appropriate knowledge, skills,
and attributes toward student learning as described by the Teacher Quality Standard Ministerial
Order (TQS). Teachers also must commit to teaching practice and professional growth in
keeping the Teacher Growth, Supervision and Evaluation Policy. (Alberta Education) The
Alberta Teachers Association agrees to operate under TQS.
TQS: http://www.education.alberta.ca/department/policy/standards/teachqual.aspx
Calgary Catholic has a School Administrators Handbook which provides all the necessary
information need to support effective operation of their schools including the required provincial
and district mandates. http://intranet/default.asp?V_ITEM_ID=681
2. Recruitment, Selection and Transfer of Employees: Our district works to staff all district
positions with the most qualified candidates. The procedures our district follows are available at
the following link: http://intranet/files/regulations/G/GCEA.pdf
Staffing and Employment Contracts:

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Compendium Notebook: School Law in the Province of Alberta

http://www.teachers.ab.ca/Publications/Other%20Publications/Teachers%20%20Rights
%20Responsibilities%20and%20Legal%20Liabilities/Pages/Chapter%201.aspx#probationarycontracts
School Act http://www.qp.alberta.ca/documents/acts/s03.pdf
Sections 98 (1) and (2), 99, 101, 102
Probationary contract
98(1) A board may employ a teacher under a probationary contract of employment for a
complete school year if that teacher
(a) was not employed by that board as a teacher in the school year prior to the school year in
which the contract was entered into, or
(b) was employed by that board in the school year prior to the school year in which the contract
was entered into under section 100 or under a contract referred to in section 101.
(2) For the purposes of subsection (1), a teacher employed under section 103 is deemed to have
been employed by the board under a probationary contract of employment if at the conclusion of
a school year the total amount of time that the teacher taught for the board is at least equal to the
amount of time the teacher would have been required to teach in a complete school year if the
teacher had been employed by the board to teach on a full-time basis.
Continuing contract
99 Subject to this Act, a contract of employment between a board and a teacher continues in
force from year to year.
Temporary contract
101(1) A teacher may be employed by a board under a temporary contract of employment when
that teacher is employed for the purpose of replacing a teacher who is absent from the teachers
duties for a period of 20 or more consecutive teaching days.
(2) A temporary contract of employment entered into under subsection (1) shall
(a) specify the date on which the teacher commences employment with the board, and
(b) terminate
(i) on the June 30 next following the commencement date specified in the contract, or
(ii) on a date provided for in the contract, whichever is earlier.
Interim contract
102(1) A board may employ a teacher for a period of not more than 360 teaching days under an
interim contract of employment if that teacher
(a) was not employed by that board as a teacher in the school year immediately prior to the
school year in which the interim contract of employment commences, or
(b) was employed under section 100 or under a contract referred to in section 101 by that board
in the school year immediately prior to the school year in which the interim contract of
employment commences.
Evaluations:

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Compendium Notebook: School Law in the Province of Alberta

The following link shows the process for Teacher Profession Growth, Supervision and
Performance Assessment/Evaluation:
http://intranet/files/hr/certforms/growth/pilotproject/Teacher_Professional_Performance_Assess
ment_flowchart.pdf
All documents regarding evaluations can be found on the following site:
http://intranet/default.asp?V_ITEM_ID=571
Probationary Teachers are required to have a Summative Evaluation which is completed to
determine whether a new teachers teaching practice meets the TQS Ministerial Order. This
process includes a number of classroom observations, ongoing informal visits, a review of long
range plans, unit plans, and daily plans, a review of mark books and a review of all aspects of
your teaching practice related to TQS.
Continuous Contract Teachers
a) Continuous contract teachers who are starting their second year of teaching are required
to complete a second Professional Performance Assessment. The purpose of this is to
ensure their teaching practice continues to meet TQS. This process includes a number of
classroom observations, ongoing informal visits, a review of long range plans, unit plans,
and daily plans, a review of mark books and a review of all aspects of your teaching
practice related to TQS. After passing this evaluation you will receive your permanent
teaching certificate.
b) Teachers who have a permanent teaching certificate are required to complete a yearly
Professional Growth Plan. The initial discussion regarding the growth plan is to be
submitted and discussed with the principal by October 31st and then again in May.
3. Termination of a Teacher
Reasons for a board to terminate a teachers contract may include misconduct, incompetence,
neglect of duty, conviction of a criminal offence and redundancy. If a school board has
reasonable grounds for believing a teachers contract should be terminated, the board must issue
a notice of intent to terminate, specifying the reasons in writing, and the teacher must be offered
a hearing. These rights exist notwithstanding any school board motion delegating the authority to
terminate to the superintendent. http://www.teachers.ab.ca/Publications/Other
%20Publications/Teachers%20Guides/Pages/Tenure.aspx
4. Personnel Evaluation
Evaluation is a formal process whereby information that is gathered and recorded over a
specified period of time and subjected to reasoned professional judgment (including a
consideration of context) is ultimately used to make a judgment about a teachers employment
status or certification. It is the responsibility of the principal to evaluate the teachers in their
school. The superintendent is responsible for evaluating principals in the school board. Teacher
evaluations that are initiated when the principal, through supervision, has reason to believe that a
teachers practice does not meet the established standard. The evaluation process must reflect the
rules of natural justice and cannot be based on extracurricular activities.
https://www.teachers.ab.ca/About%20the
%20ATA/Governance/PolicyandPositionPapers/Policy/Educational
%20Policy/Pages/Professional%20Growth%20Supervision%20and%20Evaluation.aspx

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Compendium Notebook: School Law in the Province of Alberta

Record Keeping
15.A.25 All information concerning a teacher is maintained in the teachers personnel file, access
to which is limited to the teacher and certificated personnel with administrative responsibility
directly related to that teacher. https://www.teachers.ab.ca/About%20the
%20ATA/Governance/PolicyandPositionPapers/Policy/Educational
%20Policy/Pages/Professional%20Growth%20Supervision%20and%20Evaluation.aspx
5. Collective Agreements
This is the Collective Agreement between the Board of Trustees of the Roman Catholic Separate
School District No 1 of the Province of Alberta and the Alberta Teachers Association. This
document acts on behalf of the teachers employed by the district. Every aspect of our agreement
is covered in this document.
https://www.teachers.ab.ca/For%20Members/Salary%20Benefits%20and
%20Pension/CollectiveAgreements/Pages/Calgary%20RCSSD%20No%201%20(2007%20%202012).aspx
The Constitution of the Local 55 Alberta Teachers Association and the Board of Trustees of the
Roman Catholic Separate School District No 1 of the Province of Alberta.
http://www.ataloc55.ab.ca/assets/files/CONSTITUTION%202012.pdf
6. Other Items
Teacher Contracts in Alberta from the Alberta Teachers Association.
http://www.teachers.ab.ca/Publications/Other%20Publications/Teachers%20%20Rights
%20Responsibilities%20and%20Legal%20Liabilities/Pages/Chapter%201.aspx
Alberta Occupational Profiles of a Secondary School Teacher listing duties, salary and other
pertinent information.
http://alis.alberta.ca/occinfo/Content/RequestAction.asp?
aspAction=GetHTMLProfile&format=html&occPro_ID=71002765
Alberta Labour Relations Board for Teachers.
http://www.alrb.gov.ab.ca/procedure/31(e).pdf