1993 Legislative Session: 2nd Session, 35th Parliament
FIRST READING
The following electronic version is for informational purposes only.
The printed version remains the official version.
HONOURABLE ANITA HAGEN
MINISTER OF EDUCATION AND MINISTER RESPONSIBLE
FOR MULTICULTURALISM AND HUMAN RIGHTS
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:
1 The preamble of the Independent School Act, S.B.C. 1989, c. 51, is repealed and the following substituted:
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; .
2 Section 1 (1) is amended
(a) by repealing the definition of "certificate of group classification" and substituting the following:
"certificate of group classification" means a certificate issued under section 4 (1) or an interim certificate issued under section 4 (1.1); ,
(b) in the definition of "educational program" by striking out "healthy society" and substituting "healthy, democratic and pluralistic society",
(c) by adding the following definition:
"guardian" means guardian of the person of a child within the meaning of the Family Relations Act; ,
(d) by repealing the definition of "independent school" and substituting the following:
"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 (1.1),
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 an inspector; , and
(e) by repealing the definition of "Provincial school" and substituting the following:
"Provincial school" means a Provincial school as defined in the School Act; .
3 Section 4 is amended
(a) in subsection (1) by striking out "of group classification" wherever it appears,
(b) in subsection (1) by striking out "meets" and substituting "meet", and
(c) by adding the following subsection:
(1.1) 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.
4 Section 8 is repealed and the following substituted:
8 (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.
5 Sections 9 (3) and 11 (1), (3) and (5) and section 2 of the Schedule are amended by striking out "group 1, group 2 or group 3" wherever it appears and substituting "group 1 or group 2".
6 Section 10 is amended
(a) in subsection (1) by striking out "group 1 or group 2" and substituting "group 1, group 2 or group 4", and
(b) by repealing subsection (2) and substituting the following:
(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.
7 The following sections are added:
11.1 (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) shall 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
11.2 (1) The minister may, in determining the amount of the grants to be paid to an authority for an independent school under section 9 (3) or 11.1 (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.
8 Section 12 is amended by renumbering the section as section 12 (1) and by adding the following subsection:
(2) Regulations under subsection (1) 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 (1) (a), for different authorities or different independent schools within a single group classification.
9 Section 13 (4) is amended by striking out "or group 5".
10 Section 1 of the Schedule is amended by striking out "group 3, group 4 or group 5" and substituting "group 3 or group 4".
11 Section 2 of the Schedule is amended by adding the following paragraph:
(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.
12 Section 5 of the Schedule is repealed and the following substituted:
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.
13 Section 7 of the Schedule is repealed and the following substituted:
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.
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.
14 An authority holding a certificate of group 5 classification at the time that this section comes into force is deemed to hold a certificate of group 3 classification issued under this Act for the unexpired term of the certificate of group 5 classification.
15 This Act comes into force by regulation of the Lieutenant Governor in Council.
SECTION 1: amends the preamble to the Independent School Act.
SECTION 2: amends the definition of "certificate of group classification" to include interim certificates, amends the definition of "educational program" to reflect the amended preamble, adds a definition of "guardian", amends the definition of "independent school" and amends the definition of "Provincial school" to permit an enrollment of fewer than 10 school age students where there is a temporary drop in enrollment and to include schools holding interim certificates.
SECTION 3:
(a) and (b) harmonizes the wording of section 4 of the Independent School Act with the amended definition of "certificate of group classification", and
(c) permits the inspector to issue interim certificates of group 3 or 4 classification if the applicant authority and the independent school meet the necessary requirements.
SECTION 4: clarifies that the minister may determine the materials and services an authority is entitled to receive and purchase and that the minister may differentiate between independent schools in the materials and services available.
SECTION 5: limits grants under sections 9 and 11 of the Independent School Act to independent schools for which a certificate of group 1 or group 2 classification is held and removes reference to certificates of group 3 classification in section 2 of the Schedule to that Act.
SECTION 6: permits an independent school for which a certificate of group 4 classification is held to issue British Columbia certificates of graduation if all of its teachers are certified teachers.
SECTION 7: provides for special purpose grants to be paid on the recommendation of the minister and permits the minister to differentiate between independent schools in the grants that may be paid for those schools under the Independent School Act.
SECTION 8: clarifies that regulations may differentiate between different group classifications of independent schools and, in the case of regulations respecting grants, between different authorities or different independent schools within a group classification.
SECTIONS 9 and 10: remove references to the group 5 classification.
SECTION 11: permits a certificate of group 1 or 2 classification to be issued or renewed for an independent school that has had its enrollment temporarily drop below 10 school age students.
SECTION 12: adopts the qualifications for a certificate of group 3 classification that used to apply to a certificate of group 5 classification.
SECTION 13: removes reference to the group 5 classification and sets the requirements to be met before an interim certificate of group 3 or 4 classification may be issued.
SECTION 14: consolidates existing certificates of group 3 and group 5 classifications into certificates of group 3 classification.
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