Parents

Working Together: Review by the Minister

 In Accordance with s. 124 – 125 of the School Act, Chapter S–3, and Amendments

Background

A Review by the Minister, as identified in the School Act, is an independent examination of a dispute on specified education matters between two parties that has not been resolved.  The Minister considers the rights and responsibilities of students, parents, school boards, charter schools and private schools, when deciding if the decision under review was reasonable and appropriate.

The matter and circumstances of each review may be unique.  Section 125(1) of the School Act provides the Minister with the discretion to determine if the matter will be reviewed, and the manner in which the review will be conducted.  Every reasonable effort will be made to complete the review in a timely manner.

The Minister has the authority under Section 125(2) of the School Act to make a decision the Minister considers to be appropriate in the circumstances.  The decision is based on what is reasonable in each circumstance.  The Minister may uphold, modify, or overturn the decision.  The Minister’s decision is final.

Section 123(2) of the School Act states that, for matters in which a board makes decisions about students, the board is required to provide avenues for students and parents to appeal the decision to the board or to whomever the board has delegated its responsibilities (Section 61(1) of the School Act).  If the appeal process does not resolve the matter at the board level, parents and/or students who are 16 years or older may request that the Minister review the matter. 

Education Matters That May Be Reviewed

The School Act provides for a Review by the Minister on decisions by school boards related to:

  • placement of a student in a special education program,
  • a matter referred to in Section 10, (the right of individuals who have rights under section 23 of the Charter of Rights and Freedoms to receive school instruction in French),
  • a home education program,
  • the expulsion of a student,
  • the amount and payment of fees or costs,
  • the amount of fees payable by a board to another board,
  • which board is responsible for a student, and
  • access to or the accuracy or completeness of a student record.

The School Act provides for a Review by the Minister on decisions by charter schools related to:

  • the expulsion of a student,
  • the amount and payment of fees and costs, and
  • access to or the accuracy or completeness of a student record.

The Charter Schools Regulation also provides for a Review by the Minister related to specific charter school matters.  These matters are the eligibility of an individual to be enrolled in the charter school, and the alleged disqualification of a member of the governing body of a charter board.

The School Act provides for a Review by the Minister on decisions by accredited private schools related to a home education program.  A home education program is the only matter that is reviewable by the Minister in a private school.  Where applicable in this fact sheet, references to “board” and “superintendent” as it relates to reviews of home education programs may be substituted for “private school board” and “private school principal”, respectively.

Section 48(9) of the School Act allows a parent or board to request a Review by the Minister of a decision made by a Special Needs Tribunal.

Definitions

In this information material,

  1. “Review Coordinator” means an individual who is appointed by the Minister to coordinate a review.  This individual provides details to both parties and the Review Committee about the Terms and Conditions of the review, their roles, and the procedures at each stage of the review; answers any questions relevant to the review; and coordinates the sharing of information that is provided by and to the parties.
  2. “Review Committee” means one or more individuals who are appointed by the Minister to gather information, report findings, and make recommendations to the Minister.  Committee members are to be knowledgeable experts about the matter under review and procedural fairness, and are impartial and objective; that is, they have no vested interest in the matter and have not prejudged the case.
  3. “Terms of Reference” mean the identification of the specific fields of inquiry that guide the Review Committee as it gathers information and reports to the Minister.  The Terms of Reference limit the Review Committee to those specified areas.
  4. “Review Coordinating Committee” (RCC) means those individuals that represent different branches of Alberta Education, and give constructive feedback on the Final Report to the Minister, that is written by the Review Committee.  Generally representation in RCC is dependent on the type of review done, but generally consists of Governance Support managers (including the Director), and representatives from Legislative Services, Field Services, Special Education, and/or Cross Ministry.  It may also include members from the Assistant Deputy Minister’s Office, as well as Communications staff.

Procedures

  1. When a board, parent, or student 16 years of age or older, provides a written request for a review, the Director of Governance Support, who is delegated by the Minister for this purpose, determines whether or not the matter is reviewable, according to the following criteria:
    • Is the matter reviewable according to the School Act (section 124) or Alberta Education regulations?
    • Is there a decision by the board or governing body of a school board, charter school or accredited private school that can be reviewed?
  2. The Director of Governance Support informs the party(ies) of the decision related to the request to review the matter.
  3. If the matter is not reviewable:
    • the Director of Governance Support informs the party requesting the review of the decision in writing, and
    • provides reasons why the matter will not be reviewed.
    If the matter is reviewable:
  4. the Director of Governance Support, who is delegated by the Minister for this purpose;
    • appoints a Review Coordinator and members of the Review Committee,
    • determines the procedures for the review that are open, fair and timely, and
    • informs the parties of the decision to conduct the review.  The letter includes a copy of the Ministerial appointment letter naming the Review Coordinator and the person(s) appointed to the Review Committee under s. 125 and a copy of the Terms and Conditions for the Review.
  5. The Review Coordinator provides to the Review Committee and to each party solely for the purpose of this review:
    • copies of relevant regulations or policy(ies),
    • details on the procedures, and
    • all submissions, statements, correspondence or other documents or things related to the matter under review.
  6. The Review Coordinator will prepare a timeline and completion date for the review, in consultation with the Review Committee and both parties.  Once established, other than for unforeseen circumstances, the Review Committee is expected to meet the completion date.  The Review Coordinator invites both parties to provide any documentation that relates to the matter under review.  The Review Coordinator then provides this documentation to the other party so that all parties are aware of the information that the Review Committee receives.
  7. The Review Committee will conduct the review in a fair, open and timely manner.  The review must address the Terms of Reference, and at the same time, be limited to the Terms of Reference.  The Review Committee will select and conduct the review procedures which will allow them to gather sufficient information to make recommendations to the Minister.  The Review Committee may:
    • decide which persons to interview;
    • examine board documents and Alberta Education documents; and,
    • develop any additional procedures necessary to conduct the review.
  8. The review process is designed so that legal counsel is not necessary; however, if a party to the review chooses to be represented by legal counsel, that party informs the Review Coordinator immediately who, in turn, provides this information to the other party(ies) in the dispute.  The review adjourns until the second party(ies) can retain legal counsel, or agree to proceed without representation by legal counsel.  Each party is responsible for its own legal costs.
  9. The parties have the opportunity to provide information to the Review Committee and present their cases.  The Review Committee may gather information that relates to the Terms of Reference through whatever sources and means it requires to understand the situation.  The Review Committee is not required to interview every person or visit every site suggested by the parties; however, when it makes a decision not to access a suggested source, it provides its reasons to that party.
  10. The review is discontinued in the following circumstances:
    • if, after a review has been initiated and the parties agree upon a resolution to the dispute, the party who requested the review writes to the Minister to request its withdrawal or adjournment,
    • if the party who asked the Minister for the review wishes to stop the review, the party may request in writing that the Minister end the review.
  11. After the Review Committee has analyzed all the information they gathered, the Review Coordinator will provide each party with a copy of the Review Committee’s Summary of Information.  The document will summarize the relevant information that the Committee has received and acquired, and will provide a summary of the key points related to the Terms of Reference as the Review Committee understands the facts.
  12. The Review Coordinator will invite each party to provide, in writing, agreement or disagreement with the facts in the Summary of Information.  If a party is unable to meet the deadline date that has been set for returning the statement of disagreement, the party must explain the circumstances in writing to the Review Coordinator, two working days prior to the deadline date.
    Note:  Statements of disagreement should address errors of fact or serious omissions in the Summary of Information.  The response should not include a restatement of the case.
  13. When the Review Committee has received these statements, the committee members will consider them and provide comments on each point to the Minister. 
  14. When the Review Committee is satisfied that it has considered all relevant aspects of the matter, it shall submit a Report to the Minister that addresses each of the Terms of Reference and includes its recommendations and reasons for the recommendations.  The Review Committee returns all copies of the documentation that relates to the review to Alberta Education.
  15. The Minister will notify both parties, in writing, of his decision and reasons for the decision.  Both parties will receive a copy of the Report to the Minister prepared by the Review Committee, including both parties’ statements of agreement or disagreement and the Review Committee’s responses to those statements.

For more information regarding Review by the Minister process, or if you have questions, please contact the Governance Support Branch at 780-427-7235.