The Government of Alberta has introduced some changes to the Education Act via Bill 51, which was introduced on April 8.
One of the most notable changes in the proposed amendments includes the removal of the ability for school boards to remove an elected trustee over a code of conduct breach.
According to Minister of Education Demetrios Nicolaides, the change is being made to strengthen democracy and leave the placement of trustees in the hands of voters.
Nicolaides noted that the decision was made to make the change based on some feedback after Red Deer Catholic School Trustee Monique LaGrange was removed from the board due to allegations of misconduct. Nicolaides refused to discuss the case directly due to potential pending litigation.
While the Ministry did receive some feedback over that specific case, Nicolaides admitted that no public engagement had been done before making the change.
During the question-and-answer portion of the April 8 press conference, one reporter asked why so little feedback was being used to steer public policy. Nicolaides noted that the reason for making the change was just about strengthening the democratic process.
"Voters should be able to have the final say," said Nicolaides.
While school boards are losing the ability to remove trustees due to breaches, Nicolaides noted that with the trustee codes of conducts in place, boards can still sanction trustees by removing them from subcommittees, asking them to leave meetings, and even withholding remuneration.
However, in order for a trustee to be replaced, they would either have to be voted out in the municipal and school board elections every four years or the trustee would be recalled via a new amendment provided 40 per cent of the voters in a trustee's ward sign a recall petition.
"School boards shouldn't have the ability to override the will of the people," said Nicolaides.
When a reporter pointed out that a 40 per cent recall sets the bar significantly higher in some urban areas as opposed to rural areas where there is less population density, Nicolaides noted that some work was yet to be done.
Another amendment being proposed includes a language change, with the term "private school" being replaced with "independent school" to better reflect school choices in the province.
According to Nicolaides, the change is being made in conjunction with the Association of Independent Schools and Colleges in Alberta and reflects changes by other jurisdictions across Canada.
"The Association of Independent Schools and Colleges in Alberta wishes to express our sincere gratitude for this change in language," said John Jagersma, executive director of the Association of Independent Schools and Colleges in Alberta.
A third amendment includes changes to the teacher discipline process.
The amendments will reduce red tape by removing duplicate reporting requirements, allow administrators to delegate reporting requirements to others, ensure administrators are informed of ongoing complaints particularly when a staff member becomes employed by another school board, and clarify that the chair of a hearing committee may apply to the court for an order of compliance.
In cases where a complainant wishes to file an appeal, a $250 fee will be put in place, which will be refunded should the appeal be successful. Currently, no fee is in place and around one-third of appeals end up being upheld, resulting in a drain of staff time going through the appeal process.
A fourth amendment will move all new Kindergarten to Grade 12 schools and playgrounds under Alberta Infrastructure, which will then lease them to school boards, francophone scholars boards and charter schools.
A fifth amendment will make changes aligning with changes proposed in the Local Authorities Election Act, which will allow displaced Jasper residents still affected by the 2024 wildfires to both vote and run as candidates for school board trustees in 2025 and 2026.
Finally, the province is amending requirements around joint use planning agreements (JUPAs). Requirements for JUPAs between towns and school divisions were introduced by the province several years ago, with a deadline for implementation of 2023. That deadline was ultimately extended to June 2026.
The amendment changes the requirements so that municipalities that are exempted from requiring JUPAs by Municipal Affairs, those school boards are now exempt as well, to bring Municipal Affairs and Alberta Education into alignment.
According to a release announcing the changes, the amendments are being made based on feedback from municipalities, school boards and francophone school boards "to ensure better consistency and cooperation between education and municipal partners."
"These changes pave the way for stronger collaboration and local flexibility, helping schools and communities thrive together," said Mike McMann, superintendent of Fort Vermillion School Division, via the media release. "Empowering both education and municipal partners ensures smarter planning for the future.”
The various amendments will come into effect at different times over the next several months, some parts immediately once the amendments act is proclaimed, others as accompanying legislation is passed.
