The power of school boards.

• Author: Mah, Connie L.
• Position: School act - Cover story

In Canada, the authority to pass laws relating to education was granted to the provinces under section 93 of The Constitution Act of 1867. Thus, provincial legislation is the root of the duties, obligations, and legal powers relating to education within a province, including the status and legal powers of school boards. As an example, this article will explore the power of school boards within the province of Alberta. Other provinces will also have Acts governing the powers of school boards. Readers are advised to look up the Acts in their own province. This can be done on the Internet through ACJNet.

In Alberta, the School Act and its regulations govern the right to education and the provision of education within the province of Alberta. The preamble of the Act expressly provides that parents have a right and responsibility to make decisions respecting the education of their children and that education within the province of Alberta is a publicly funded system with two dimensions (the public school system and the separate school system).

The Act provides that the Alberta Minister of Education is responsible for establishing school districts and specifying the number of trustees of each school board (minimum of three) and how trustees of a school board are elected.

The Act further designates duties and responsibilities to school boards to administer educational services for school districts or divisions, including accountability provisions; mandatory and discretionary powers; administrative duties and obligations including finances; the employment of non-teaching and teaching staff; the provision of educational programs and associated services, including those for special needs students; and providing various appeal procedures.

Accountability

In Alberta, school boards are ultimately accountable to the Alberta Minister of Education, and have a positive duty to develop reporting and accountability systems on any matter required by the Minister; provide any requested information in writing to the Minister; and to disseminate any information to students, parents, and electors in any manner required by the Minister.

Under the Act, school boards must elect one member as a chair, one as a vice-chair, and designate a secretary and a treasurer. Every trustee of a school board is required to take an oath of office under the Oaths of Office Act. Trustees are not considered employees of the school board.

School boards must hold an annual organizational meeting, and hold regular meetings as necessary. Regular meetings are to be public except for those involving improper conduct. Special meetings may be called by the chair, a majority of trustees, or the Alberta Minister of Education. Bylaws of a school board require three separate readings to be passed. The school board may make rules governing its internal proceedings and meetings, but must maintain a record of all proceedings (of the board and its committees).

General Duties and Obligations

The Act expressly sets out both mandatory and discretionary powers of school boards within the province of Alberta.

The Act specifies that school boards have the following mandatory duties:

* establishing policies respecting the provision of educational programs and services;

* maintaining and repairing real and personal...