Preamble BEFORE amended by 2007-29-45, effective July 1, 2007 (BC Reg 229/2007).
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:
Section 1 (1) definition of "authority", paragraph (b) BEFORE amended by 2003-70-186, effective March 29, 2004 (BC Reg 64/2004).
(b) a corporation incorporated under the Company Act or a private Act, or
Section 1 (1) definition (part) of "independent school" BEFORE amended by 2006-21-1(a), effective July 1, 2006 (BC Reg 195/2006).
"independent school" means a school that is, or is to be, maintained and operated in British Columbia by an authority and
Section 1 (1) definition of "partially qualifying student" and "qualifying student" BEFORE repealed by 2006-21-1(b), effective July 1, 2006 (BC Reg 195/2006).
"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;
"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;
Section 1 (1) definitions of "distributed learning", "distributed learning independent school" and "student record" were added by 2006-21-1(c), effective July 1, 2006 (BC Reg 195/2006).
Section 1 (1) definitions of "First Nations Education Authority" and "participating First Nation" were added by 2007-40-9(a), effective May 16, 2008 (BC Reg 103/2008).
Section 1 (1) definition of "independent school", paragraph (d) BEFORE amended by 2007-40-9(b), effective May 16, 2008 (BC Reg 103/2008).
(d) a public school or Provincial school, or
Section 1 (1) definition of "independent school", paragraph (d.1) was added by 2007-36-100, effective April 3, 2009 (BC Reg 55/2009) [as amended by 2007-40-5, effective May 16, 2008 (BC Reg 103/2008)].
Section 1 (1) definitions of "certified teacher" and "independent school teacher certification committee" BEFORE amended by 2011-19-107(a), effective January 9, 2012 (BC Reg 239/2011).
"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;
"independent school teacher certification committee" means an independent school teacher certification committee constituted under section 5;
Section 1 (1) definitions of "certificate of qualification", "certification standards", "commissioner", "director of certification", "independent school teaching certificate", "independent school teaching certificate standards" and "letter of permission" were added by 2011-19-107(b), effective January 9, 2012 (BC Reg 239/2011).
Section 1 (1) definition of "guardian" BEFORE amended by 2011-25-367, effective March 18, 2013 (BC Reg 131/2012).
"guardian" means guardian of the person of a child within the meaning of the Family Relations Act;
Section 1 (1) paragraph (a) in the definition of "authority" BEFORE amended by 2015-18-321, effective November 28, 2016 (BC Reg 216/2015).
Section 1 (1) definitions of "distributed learning" and "distributed learning independent school" BEFORE repealed by 2020-4-2(a), effective July 1, 2021.
"distributed learning" means a method of instruction that relies primarily on indirect communication between students and teachers, including internet or other electronic-based delivery, teleconferencing or correspondence;
"distributed learning independent school" means an independent school that offers instruction to its students by means of distributed learning only;
Section 1 (1) definitions of "online learning" and "online learning independent school" were added by 2020-4-2(a), effective July 1, 2021.
Section 1 (1) definition of "independent school" (part) BEFORE amended by 2020-4-2(b), effective July 1, 2021.
"independent school" means a school, including a distributed learning independent school, that is, or is to be, maintained and operated in British Columbia by an authority and
Section 5 (2) BEFORE amended by 2007-28-21(a), effective January 1, 2008 (BC Reg 386/2007).
(2) Subject to the regulations, the inspector may do any of the following:
Section 5 (2) (c) BEFORE amended by 2007-28-21(b), effective January 1, 2008 (BC Reg 386/2007).
(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;
Section 5 BEFORE re-enacted by 2011-19-108, effective January 9, 2012 (BC Reg 239/2011).
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 and to subsection (2.1), 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 use 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).
(2.1) The inspector must not issue certification to a person or a letter of permission to an authority permitting the authority to use the services of a person as a teacher if the deputy registrar under the Criminal Records Review Act determines that the person presents a risk of physical or sexual abuse to children and that determination has not been overturned by the registrar under section 5 of that Act.
(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.
Section 6.1 (2) BEFORE amended by 2020-4-3, effective July 1, 2021.
(2) This section applies to a student who is enrolled
(a) in an independent school, but takes one or more courses through a public school by means of distributed learning, or
(b) in a public school, but takes one or more courses through an independent school by means of distributed learning.
Section 7 (1) BEFORE amended by 2004-54-18(a), effective May 20, 2004 (Royal Assent).
(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.
Section 7 (2) BEFORE amended by 2004-54-18(b), effective May 20, 2004 (Royal Assent).
(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.
Section 7 (3) BEFORE amended by 2004-54-18(c), effective May 20, 2004 (Royal Assent).
(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.
Section 7 BEFORE re-enacted by 2007-33-5, effective July 1, 2007 (BC Reg 231/2007).
7 (1) If an authority dismisses, suspends or otherwise disciplines 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 person holding the certificate.
(2) If 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 person holding the certificate.
(3) An authority that has made a report to the College of Teachers under this section in respect of 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 person holding the certificate.
Sections 7 to 7.3 BEFORE re-enacted by 2011-19-109, effective January 9, 2012 (BC Reg 239/2011).
Report of dismissal, suspension and discipline regarding certificate holders
7 (1) In this section, "certificate holder" means a person who holds a certificate of qualification issued under the Teaching Profession Act, but does not include a principal.
(2) If a principal
(a) suspends or dismisses a certificate holder, or
(b) disciplines a certificate holder for misconduct that involves
(i) physical harm to a student or minor,
(ii) sexual abuse or sexual exploitation of a student or minor, or
(iii) significant emotional harm to a student or minor,
the principal must without delay send to the council of the College of Teachers a report regarding the suspension, dismissal or disciplinary action.
(3) If an authority suspends or dismisses a certificate holder or disciplines a certificate holder for misconduct referred to in subsection (2) (b),
(a) the authority must without delay notify the principal of the suspension, dismissal or disciplinary action, and
(b) the principal must without delay send to the council of the College of Teachers a report regarding the suspension, dismissal or disciplinary action.
(4) A report referred to in subsection (2) or (3) (b) must
(a) be in writing,
(b) be signed by the principal, and
(c) include reasons for the action taken by the principal or authority.
(5) The principal must send a copy of a report referred to in subsection (2) or (3) (b) to the certificate holder who is suspended, dismissed or disciplined.
(6) If the principal considers any conduct by or competence of a certificate holder to be in breach of the standards of professional conduct or competence established by the College of Teachers, the principal must send to the council of the college a report, in writing, regarding that conduct or competence if it is in the public interest to do so.
(7) The principal must send a copy of the report referred to in subsection (6) to the certificate holder whose conduct or competence is the subject of that report.
(8) If a certificate holder resigns, the principal must
(a) without delay, report the circumstances of the resignation to the council of the College of Teachers if it is in the public interest to do so, and
(b) send a copy of the report to the certificate holder who resigned.
(9) A principal who has made a report to the council of the College of Teachers under this section in respect of a certificate holder must, without delay after being requested to do so by the council,
(a) provide the council with all of the records available to the principal 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 certificate holder.
(10) A principal who fails to report as required under subsection (2), (3) (b) or (8) commits an offence.
Report of dismissal, suspension and discipline regarding authorized teachers
7.1 (1) In this section, "authorized teacher" means
(a) a person who holds a certificate of qualification issued by the inspector under this Act or the former Act, and
(b) a person with respect to whom a letter of permission has been issued to an authority by the inspector,
but does not include a principal.
(2) If a principal
(a) suspends or dismisses an authorized teacher, or
(b) disciplines an authorized teacher for misconduct referred to in section 7 (2) (b),
the principal must without delay send to the inspector a report regarding the suspension, dismissal or disciplinary action.
(3) If an authority suspends or dismisses an authorized teacher or disciplines an authorized teacher for misconduct referred to in section 7 (2) (b),
(a) the authority must without delay notify the principal of the suspension, dismissal or disciplinary action, and
(b) the principal must without delay send to the inspector a report regarding the suspension, dismissal or disciplinary action.
(4) A report referred to in subsection (2) or (3) (b) must
(a) be in writing,
(b) be signed by the principal, and
(c) include reasons for the action taken by the principal or authority.
(5) The principal must send a copy of a report referred to in subsection (2) or (3) (b) to the authorized teacher suspended, dismissed or disciplined.
(6) The principal must send to the inspector a report, in writing, regarding any conduct or competence by an authorized teacher that, in the principal's opinion, makes the authorized teacher unfit to teach students.
(7) The principal must send a copy of the report referred to in subsection (6) to the authorized teacher whose conduct or competence is the subject of that report.
(8) If an authorized teacher resigns, the principal must
(a) without delay, report the circumstances of the resignation to the inspector if it is in the public interest to do so, and
(b) send a copy of the report to the authorized teacher who resigned.
(9) A principal who has made a report to the inspector under this section in respect of an authorized teacher must, without delay after being requested to do so by the inspector,
(a) provide the inspector with all of the records available to the principal 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 authorized teacher.
(10) A principal who fails to report as required under subsection (2), (3) (b) or (8) commits an offence.
Report of dismissal, suspension and discipline regarding principals
7.2 (1) If an authority
(a) suspends or dismisses a principal, or
(b) disciplines a principal for misconduct referred to in section 7 (2) (b),
the authority must without delay send a report regarding the suspension, dismissal or disciplinary action
(c) to the council of the College of Teachers, if the principal holds a certificate of qualification under the Teaching Profession Act, or
(d) to the inspector, if the principal holds a certificate of qualification issued by the inspector under this Act or the former Act.
(2) The report referred to in subsection (1) must
(a) be in writing,
(b) be signed by the chair of the authority, and
(c) include reasons for the action taken by the authority.
(3) The authority must send to the principal a copy of the report referred to in subsection (1).
(4) If an authority considers any conduct by or competence of a principal who holds a certificate of qualification issued under the Teaching Profession Act to be in breach of the standards of professional conduct or competence established by the council of the College of Teachers, the authority must send to the council a report, in writing, regarding that conduct or competence if it is in the public interest to do so.
(5) If an authority considers any conduct by or competence of a principal who holds a certificate of qualification issued by the inspector under this Act or the former Act to be conduct or competence that makes the principal unfit to teach students, the authority must send to the inspector a report, in writing, regarding that conduct or competence.
(6) The authority must send to the principal a copy of a report sent under subsection (4) or (5).
(7) If a principal resigns, the authority must
(a) without delay, report the circumstances of the resignation
(i) to the council of the College of Teachers, if the principal holds a certificate of qualification issued under the Teaching Profession Act and it is in the public interest to report the matter, or
(ii) to the inspector, if the principal holds a certificate of qualification issued by the inspector under this Act or the former Act and it is in the public interest to report the matter, and
(b) send a copy of the report to the principal.
(8) An authority that has made a report to the council of the College of Teachers or to the inspector under this section in respect of a principal must, without delay after being requested to do so by the inspector or the council,
(a) provide the council or inspector 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 principal.
Inspector may investigate
7.3 (1) If the inspector considers that
(a) a principal has failed to report to the council of the College of Teachers under section 7 or to the inspector under section 7.1 a matter that, in the opinion of the inspector, should have been reported,
(b) an authority has failed to notify a principal under section 7 (3) (a) or 7.1 (3) (a) of a matter that, in the opinion of the inspector, should have been the subject of a notice,
(c) an authority has failed to report to the inspector or to the council of the College of Teachers under section 7.2 a matter that, in the opinion of the inspector, should have been reported, or
(d) an authority has failed to submit information as required under section 7.6,
the inspector may authorize a person to investigate the circumstances of the failure.
(2) A person authorized under subsection (1) may
(a) enter a school building or any other building used in conjunction with the independent school or offices of the authority, or any part of them, for the purposes of conducting the investigation,
(b) inspect any record relating to the administration or supervision of the school, and
(c) interview students and teachers of the school and staff of the authority that operates the school.
(3) A person authorized under subsection (1) must submit a report to the inspector in respect of anything resulting from carrying out the person's duties under subsection (1).
(4) After receiving a report referred to in subsection (3) regarding a principal, the inspector may, if satisfied that it is appropriate to do so, submit the report
(a) to the council of the College of Teachers, if the principal holds a certificate of qualification issued under the Teaching Profession Act, and
(b) to the independent school teacher certification committee, if the principal holds a certificate of qualification issued by the inspector under this Act or the former Act.
Sections 7.4 to 7.6 BEFORE repealed by 2011-19-109, effective January 9, 2012 (BC Reg 239/2011).
Public notification
7.4 (1) Subject to subsection (2), the inspector must notify the public of
(a) the name of a person, who holds a certificate of qualification issued by the inspector under this Act or the former Act or with respect to whom a letter of permission has been issued to an authority by the inspector, who has been disciplined by the inspector, and
(b) the reasons why the disciplinary action was taken.
(2) The inspector may withhold notification of the reasons referred to in subsection (1) (b) if the inspector considers that notification of the reasons would cause significant hardship to a person who was harmed, abused or exploited by the person referred to in subsection (1) (a).
(3) The notification required under subsection (1) may be made by posting a notice on a web site maintained by the inspector.
Online registry
7.5 (1) In this section, "authorized person" means
(a) a person who holds a certificate of qualification issued by the inspector under this Act or the former Act, or
(b) a person with respect to whom a letter of permission has been issued to an authority by the inspector.
(2) The inspector must establish and maintain an online registry for the purpose of providing the public with the following information about each authorized person:
(a) the authorized person's name;
(b) the current status of the authorized person's certificate of qualification or letter of permission;
(c) a record of any suspensions or revocations of the authorized person's certificate of qualification or letter of permission;
(d) a record of disciplinary action taken by the inspector with regard to the authorized person for misconduct that involved
(i) physical harm to a student or minor,
(ii) sexual abuse or sexual exploitation of a student or minor, or
(iii) significant emotional harm to a student or minor.
(3) Subject to subsection (4), the record in the online registry of the matters referred to in subsection (2) (d) must state the reasons why the disciplinary action was taken.
(4) The inspector may withhold or remove from the registry a statement of the reasons referred to in subsection (3) if the inspector considers that the statement, if included in the registry, would cause significant hardship to a person who was harmed, abused or exploited by the authorized person.
(5) Subject to subsection (6), after a record referred to in subsection (2) (d) has been on the registry for at least 5 years, the authorized person whose misconduct is recorded under subsection (2) (d) may apply to the inspector to have that record removed from the registry, and the inspector may remove that record from the registry if it is in the public interest to do so.
(6) Subsection (5) does not apply to a record of any suspensions or cancellations of a person's certificate of qualification.
Employers list
7.6 (1) In this section:
"employee" means
(a) a person who holds a certificate of qualification issued by the inspector under this Act or the former Act, or
(b) a person with respect to whom a letter of permission has been issued to an authority by the inspector;
"prospective employer" means
(a) an authority,
(b) a board, or
(c) a band, as defined in the Indian Act (Canada), that is operating an educational institution
that is considering becoming an employer of an employee.
(2) On or before October 15 of each year, an authority must submit to the inspector information that identifies the employees employed by the authority during the previous 12-month period, including information that identifies employees currently so employed, if any, and the inspector must maintain the information for at least 10 years.
(3) From the information submitted and maintained under subsection (2), the inspector must create and maintain a list that identifies the employers of every employee, and a prospective employer of an employee may inspect that list.
(4) A prospective employer that inspects a list under subsection (3) must keep confidential the information obtained from the list.
Section 8.1 BEFORE re-enacted by 2020-4-4, effective July 1, 2021.
Distributed learning
8.1 (1) An authority may provide all or part of an educational program by means of distributed learning only with the prior agreement of the minister.
(2) Subsection (1) does not apply in respect of an educational program
(a) offered through an independent school for which an authority holds a certificate of group 3 classification, or
(b) that is not intended to meet educational standards established by the minister.
Section 11 (1) (b) BEFORE repealed by 2007-16-1, effective July 1, 2007 (BC Reg 194/2007).
(b) issue a British Columbia graduation diploma subject to the conditions specified by the inspector, and
Section 11 (2) BEFORE repealed by 2007-16-1, effective July 1, 2007 (BC Reg 194/2007).
(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.
Section 11 (1) (a) BEFORE amended by BC Reg 18/2010 under RS1996-440-12, effective January 15, 2010 (BC Reg 18/2010).
(a) use in its publications the phrase "certified by the Province of British Columbia",
Section 12 (1) BEFORE amended by 2003-54-27,Sch A, effective April 1, 2004 (BC Reg 11/2004).
(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.
Section 12 (1) BEFORE amended by 2004-17-1, effective September 8, 2006 (BC Reg 249/2006).
(1) The Minister of Finance 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.
Section 12 (5) BEFORE amended by 2016-5-44,Sch 6, effective March 10, 2016 (Royal Assent).
(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.
Section 13 (1) BEFORE amended by 2003-54-27,Sch A, effective April 1, 2004 (BC Reg 11/2004).
(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.
Section 13 (1) BEFORE amended by 2004-17-2, effective September 8, 2006 (BC Reg 249/2006).
(1) On the recommendation of the minister, the Minister of Finance may pay a special purpose grant to an authority for an independent school.
Section 15 (1) BEFORE amended by 2010-6-55, effective July 1, 2010.
(1) The inspector may apply to the Supreme Court, by originating application, for
Section 18 (2) BEFORE amended by 2006-21-3(a), effective July 1, 2006 (BC Reg 195/2006).
(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.
Section 18 (3) (b) BEFORE amended by 2006-21-3(b), effective July 1, 2006 (BC Reg 195/2006).
(b) in the case of regulations made under subsection (2) (a), for different authorities or different independent schools within a single group classification.
Section 18 (2) (f) BEFORE amended by 2020-4-5(a), effective July 1, 2021.
(f) respecting distributed learning and distributed learning independent schools;
Section 18 (3) (b) (ii) BEFORE amended by 2020-4-5(b), effective July 1, 2021.
(ii) for distributed learning independent schools and other independent schools, and
Section 19 (1) (d) BEFORE amended by 2007-40-11, effective May 16, 2008 (BC Reg 103/2008).
(d) a school operated by the government of Canada or by an Indian band as defined in the Indian Act (Canada),
Section 19 (1) (d) (iv) was added by 2007-36-101, effective April 3, 2009 (BC Reg 55/2009) [as amended by 2007-40-6, effective May 16, 2008 (BC Reg 103/2008)].
Schedule, section 2 (c) BEFORE amended by BC Reg 49/2001 under RS1996-216-18(2) (e), effective March 9, 2001 (BC Reg 49/2001).
(c) the authority applying for a certificate of group 1 or group 2 classification
(i) has operated the independent school for at least the school year immediately before the date of applying for that certificate, or
(ii) has acquired the independent school from another authority that funded and operated the independent school for the school year immediately before the date of application for that certificate, and has had 40% of its students enrolled during that school year;
Schedule, section 2 (b) BEFORE amended by 2006-21-4, effective July 1, 2006 (BC Reg 195/2006).
(b) at least 1/2 of the students enrolled in the independent school are qualifying students or partially qualifying students;
Schedule, section 2 BEFORE renumbered as section 2 (1) and amended by BC Reg 206/2014 under RS1996-216-18(2) (g), effective November 24, 2014.
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 eligible to be included within a classification carried out in accordance with section 1.1 for the purposes of section 4 of this Act;
(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.
Schedule, section 2 (1) (d.1) and (d.2) and (2) were added by BC Reg 206/2014 under RS1996-216-18(2) (g), effective November 24, 2014.
Schedule, section 2 (1) (d.1), (d.2) and (e) BEFORE amended by 2016-5-41,Sch 3, effective March 10, 2016 (Royal Assent).
(d.1) for the 2014/2015 school year, the enrollment in the independent school
(i) is not fewer than 10 school age students on October 17, 2014, or
(ii) if fewer than 10 school age students on October 17, 2014, was not fewer than 10 school age students on September 30, 2013;
(d.2) for the 2015/2016 school year, the enrollment in the independent school
(i) is not fewer than 10 school age students on September 30, 2015, or
(ii) if fewer than 10 school age students on September 30, 2015, was not fewer than 10 school age students on October 17, 2014;
(e) for the 2016/2017 school year and subsequent school years, 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.
Schedule, section 2 (1) (d.1) and (d.2) BEFORE self-repealed by RS1996-216-Sch, s.2(2), effective July 1, 2016.
(d.1) for the 2014/2015 school year, the enrolment in the independent school
(i) is not fewer than 10 school age students on October 17, 2014, or
(ii) if fewer than 10 school age students on October 17, 2014, was not fewer than 10 school age students on September 30, 2013;
(d.2) for the 2015/2016 school year, the enrolment in the independent school
(i) is not fewer than 10 school age students on September 30, 2015, or
(ii) if fewer than 10 school age students on September 30, 2015, was not fewer than 10 school age students on October 17, 2014;
Schedule, section 3 (2) (b) BEFORE amended by BC Reg 178/2001, amending BC Reg 49/2001, under RS1996-216-18(2) (e), effective July 27, 2001 (BC Reg 178/2001).
(b) undergo an external evaluation after that at least once every 4 years, and
Schedule, section 3 (1) (a) BEFORE amended by BC Reg 228/2006 under RS1996-216-18(2) (g), effective July 21, 2006 (BC Reg 228/2006).
(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;
Schedule, section 3 (2) BEFORE amended by BC Reg 228/2006 under RS1996-216-18(2) (g), effective July 21, 2006 (BC Reg 228/2006).
(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.
Schedule, section 3 (1) BEFORE amend by BC Reg 26/2013, under RS1996-216-18(2) (g), effective January 30, 2013 (BC Reg 26/2013).
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 grant 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) with respect to its educational program that is not delivered through distributed learning,
(i) undergo an external evaluation, after the initial external evaluation, at least once every 6 years, and
(ii) be inspected at least once every 2 years, and
(c) with respect to its educational program that is delivered through distributed learning,
(i) undergo an external evaluation, after the initial external evaluation, at least once every 2 years, and
(ii) be inspected at least once every year.
Schedule, section 3 (2) (b) (part) BEFORE amended by 2020-4-6, effective July 1, 2021.
(b) with respect to its educational program that is not delivered through distributed learning,
Schedule, section 3 (2) (c) (part) BEFORE amended by 2020-4-6, effective July 1, 2021.
(c) with respect to its educational program that is delivered through distributed learning,
Schedule, section 3.1 was added by BC Reg 436/2003, under RS1996-216-18(2) (e), effective November 28, 2003 (BC Reg 436/2003).
Schedule, section 3.1 (3) BEFORE amended by BC Reg 435/2003 under RS1996-216-18(2) (e), effective December 16, 2003 (BC Reg 435/2003).
(3) The application must be made no later than December 15 of the school year and must be accompanied by any additional information the inspector may require.
Schedule, section 3.1 (4) (b) BEFORE amended by BC Reg 228/2006 under RS1996-216-18(2) (g), effective July 21, 2006 (BC Reg 228/2006).
(b) take into account the average per FTE student cost, as determined by the minister, of the public school district in which the independent school is located for the three previous school years instead of only the previous school year.
Schedule, section 4 BEFORE amended by BC Reg 436/2003, under RS1996-216-18(2) (e), effective November 28, 2003 (BC Reg 436/2003).
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).
Schedule, section 4 BEFORE amend by BC Reg 26/2013, under RS1996-216-18(2) (g), effective January 30, 2013 (BC Reg 26/2013).
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) or under section 3.1 if adjusted under that section.
Schedule, section 4.1 was added by BC Reg 228/2006 under RS1996-216-18(2) (g), effective July 21, 2006 (BC Reg 228/2006).
Schedule, section 5 (a) BEFORE amended by 2006-21-4, effective July 1, 2006 (BC Reg 195/2006).
(a) at least 1/2 of the students enrolled in the independent school are qualifying students or partially qualifying students;
Schedule, section 5 (part) BEFORE amend by BC Reg 26/2013, under RS1996-216-18(2) (g), effective January 30, 2013 (BC Reg 26/2013).
Schedule, section 6 BEFORE amended by BC Reg 178/2001, amending BC Reg 49/2001, under RS1996-216-18(2) (e), effective July 27, 2001 (BC Reg 178/2001).
Additional requirements for certificates for group 4 classification
6 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) the independent school will undergo an annual external evaluation satisfactory to the inspector;
(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.
Schedule, section 6 (1) (d) BEFORE amended by BC Reg 228/2006 under RS1996-216-18(2) (g), effective July 21, 2006 (BC Reg 228/2006).
(d) 80% of the teachers of the independent school are certified teachers;
Schedule, section 6 (1) (part) BEFORE amend by BC Reg 26/2013, under RS1996-216-18(2) (g), effective January 30, 2013 (BC Reg 26/2013).
(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: