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Navigating the Education System
Presented by Greta Gerstner, Executive Director Strategic Alliance for Alberta Students with Learning Challenges
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Our education system is made up of many parts, of which parent involvement is crucial.
Parents are not only advocates for their children at school, they are partners in their education. By definition, an advocate is a person who argues for, recommends, or supports a cause or policy. The preamble of the School Act states that parents have a right and responsibility to make decisions respecting the education of their children.
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Section 16.2 of the School Act states that a parent of a student has the responsibility to:
(a) to take an active role in the student’s educational success, including assisting the student in complying with section 12, (b) to ensure that the parent’s conduct contributes to a welcoming, caring, respectful and safe learning environment, (c) to co-operate and collaborate with school staff to support the delivery of supports and services to the student, (d) to encourage, foster and advance collaborative, positive and respectful relationships with teachers, principals, other school staff and professionals providing supports and services in the school, and (e) to engage in the student’s school community.
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Section 12 of the School Act states that a student shall conduct himself or herself so as to reasonably comply with the following code of conduct: (a) be diligent in pursuing the student’s studies; (b) attend school regularly and punctually; (c) co-operate fully with everyone authorized by the board to provide education programs and other services; (d) comply with the rules of the school; (e) account to the student’s teachers for the student’s conduct; (f) respect the rights of others; (g) ensure that the student’s conduct contributes to a welcoming, caring, respectful and safe learning environment that respects diversity and fosters a sense of belonging; (h) refrain from, report and not tolerate bullying or bullying behaviour directed toward others in the school, whether or not it occurs within the school building, during the school day or by electronic means; (i) positively contribute to the student’s school and community.
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Principals, School Act, Sections 1(1)(r), 20
Section 1(1)(r) of the School Act defines a principal as a teacher designated as a principal or acting principal under this Act. Section 20 of the School Act states that a principal of a school must; (a) provide a welcoming, caring, respectful and safe learning environment that respects diversity and fosters a sense of belonging; (a.1) provide instructional leadership in the school; (b) ensure that the instruction provided by the teachers employed in the school is consistent with the courses of study and education programs prescribed, approved or authorized pursuant to this Act; (c) evaluate or provide for the evaluation of programs offered in the school; (d) ensure that students in the school have the opportunity to meet the standards of education set by the Minister;
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(e) direct the management of the school;
(f) maintain order and discipline in the school and on the school grounds and during activities sponsored or approved by the board; (g) promote co-operation between the school and the community that it serves; (h) supervise the evaluation and advancement of students; (i) evaluate the teachers employed in the school; (j) subject to any applicable collective agreement and the principal’s contract of employment, carry out those duties that are assigned to the principal by the board in accordance with the regulations and the requirements of the school council and the board.
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Inclusive Education Policy Statement:
Alberta’s education system is built on a values-based approach to accepting responsibility for all children and students. Inclusion is a way of thinking and acting that demonstrates universal acceptance of, and belonging for, all children and students. To support children and students in attaining the goals as stated in the Ministerial Order on Student Learning, school authorities must ensure that all children and students (Kindergarten to Grade 12), regardless of race, religious belief, colour, gender, gender identity, gender expression, physical disability, mental disability, family status or sexual orientation, or any other factor(s), have access to meaningful and relevant learning experiences that include appropriate instructional supports.
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The Standards of Special Education outlines the requirements for school boards regarding the delivery of education programming and services to students with special education needs in Grade 1 to Grade 12. For more information, see Diverse Learning Needs in the resource section of this presentation. Alberta Education supports the education of students with special needs. Sections 45 and 47 of the School Act outline board responsibilities related to students, including the obligations to provide to each student enrolled in a school operated by the board an education program that will give the student the opportunity to meet the standards of education set by the Minister. School boards are responsible for assessing the learning needs of students and identifying appropriate strategies and supports. Parents have a right and responsibility to work with boards to ensure their children’s needs are met subject to limitations based upon reasonableness in each circumstance.
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Standards for Special Education, Amended June 2004, is a ministerial order that applies to public and separate school boards and designated special education private schools. It outlines program delivery requirements and expectations that support Alberta’s objective of providing consistent direction while supporting flexibility and discretion at the local level. According to the Standards for Special Education, in order to meet the needs of students, programming; • is based on an individualized program plan (IPP) or instructional support plan (ISP); all students with special needs, including students who are gifted and talented, require IPPs/ISPs • may be provided in a variety of settings • is based on information gathered, including the results of ongoing assessment, observation and evaluation • provides access to an educational program that is relevant, meaningful and age-appropriate, using the programs of study as a starting point of instruction
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Appeals Concerning Student Matters
Appeal to board under section 123 of the School Act: (1) the failure of a person to make a decision is deemed to be a decision that may be appealed under this Division. RSA 2000 Section 124 Chapter S-3 (2) Where a decision of an employee of a board significantly affects the education of a student, (a) the parent of the student, and (b) in the case of a student who is 16 years of age or older, the student, or either of them may within a reasonable time from the date that the parent or student was informed of the decision appeal that decision to the board. (3) For the purposes of this Act, a decision of an employee authorized by a board under section 61(1) to make the decision is deemed to be a decision of the board.
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(4) A person who, under section 38
(4) A person who, under section 38.1, may review a student record maintained by a board may appeal to the board a decision of an employee of the board respecting access to or the accuracy or completeness of the student record within a reasonable time from the date that the person was informed of the decision. (5) For the purposes of hearing appeals under this section, a board shall establish an appeal procedure by resolution. (6) A board may establish one or more committees for the purpose of carrying out the board’s responsibilities under this section. (7) A board may make any decision that it considers appropriate in respect of the matter that is appealed to it under this section. (8) A board shall make a decision under this section forthwith after receiving an appeal and shall report that decision to the person making the appeal forthwith. RSA 2000 cS-3 s123;2017 c28 s20
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School Act Section125 (1) The Minister may review a matter as requested in accordance with this Act or the regulations and may review the matter in any manner the Minister considers appropriate in the circumstances. (2) Where; (a) the Minister reviews a matter under subsection (1), and (b) the parties to the dispute are unable to settle the matter, the Minister may, subject to this Act and the regulations, make whatever decision with respect to the matter in dispute that appears to the Minister to be appropriate in the circumstances, and that decision is final. 1988 cS-3.1 s105;1990 c36 s30;1993 c24 s15;1997 c25 s18
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To summarize, if after working collaboratively with the teacher and principal of the school, parents feel that their child’s educational needs are not being met they should; Write a letter to their School Trustee outlining their concerns asking for help or direction in resolving the matter. Write a letter to the Superintendent of their school board expressing their concerns with respect to their child’s education and request their concerns be reviewed and resolved to mutual satisfaction. Write a letter to their MLA requesting assistance in resolving concerns with respect to their child’s educational needs. Write a letter to the Minister of Education requesting their assistance in reviewing their concerns with respect to their child’s educational needs.
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Resource page School Act Ministerial Order on Student Learning Standards for Special Education, Amended June 2004 Diverse Learning Needs Guide to Education
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Thank you! Website: www.strategicalliance4abkids.ca
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