The School Act, Regulation, and Ministerial Orders

The legal parameters of teaching are encompassed by three legal frameworks: A) The School Act, B) School Regulations (aka laws) and C) Ministerial Orders. Acts are created by a vote in Parliament and as such are very hard to change. Regulations update the Acts. Orders add more detail. 

A) The School Act (excerpts)

Teachers' responsibilities

17   (1) A teacher's responsibilities include designing, supervising and assessing educational programs and instructing, assessing and evaluating individual students and groups of students. (2) Teachers must perform the duties set out in the regulations.

Parents' entitlements and responsibilities

7   (1) A parent of a student of school age attending a school is entitled (a)to be informed, in accordance with the orders of the minister, of the student's attendance, behaviour and progress in school, and (b) [Repealed 2015-24-5.] (c) to belong to a parents' advisory council established under section 8. (2) A parent of a student of school age attending a school may, and at the request of a teacher, principal, vice principal or director of instruction must, consult with the teacher, principal, vice principal or director of instruction with respect to the student's educational program.

Teacher conduct

76 (3) The discipline of a student while attending an educational program made available by a board or a Provincial school must be similar to that of a kind, firm and judicious parent, but must not include corporal punishment

Class size

76.1 (2) A board must ensure that the size of any primary grades class in any school in its school district does not exceed (a) for kindergarten, 22 students, and (b) for grades 1 to 3, 24 students.

(2.1) Subject to subsection (2.4), a board must ensure that the class size of any class for any of grades 4 to 12 in any school in its school district does not exceed 30 students unless (a) in the opinions of the superintendent of schools for the school district and the principal of the school, the organization of the class is appropriate for student learning, or (b) the class is in a prescribed category of classes.

(2.2) A board must provide additional compensation, as prescribed, to a teacher of a class that, under subsection (2.1) (a), exceeds 30 students.

(2.3) Subsection (2.2) does not apply with respect to a teacher in a prescribed category of teachers.

(2.4) A board must ensure that the class size of a class in a prescribed category of classes does not exceed the prescribed number of students

B) School Regulations (excerpts)

Section 4

(1) The duties of a teacher include the following:

(a) providing teaching and other educational services, including advice and instructional assistance, to the students assigned to the teacher, as required or assigned by the board or the minister;

(b) providing such assistance as the board or principal considers necessary for the supervision of students on school premises and at school functions, whenever and wherever held;

(c) ensuring that students understand and comply with the codes of conduct governing their behaviour and with the rules and policies governing the operation of the school;

(d) assisting to provide programs to promote students’ intellectual development, human and social development and career development;

(e) maintaining the records required by the minister, the board and the school principal;

(f) encouraging the regular attendance of students assigned to the teacher;

(g) evaluating educational programs for students as required by the minister or the board;

(g.1) evaluating each student’s intellectual development, human and social development and career development, including, as required by the minister, administering and grading Required Graduation Program Examinations;

(g.2) ensuring the security of Provincial examinations, including retaining completed Provincial examinations for any period of time set by the minister;

(h) providing the information in respect to students assigned to the teacher as required by the minister, board or, subject to the approval of the board, by a parent;

(h.1) advising the school principal regarding the organization of classes in the school and the placement of students with special needs in those classes;

(i) when required to do so by the minister, verifying the accuracy of the information provided to the minister under paragraph (h);

(j) regularly providing the parents or guardians of a student with reports in respect of the student’s school progress;

(k) attending all meetings or conferences called by the principal or superintendent of schools for the district to discuss matters the principal or superintendent of schools considers necessary unless excused from attending the meeting or conference by the principal or superintendent of schools;

(l) admitting to the teacher’s classroom, to observe tuition and practise teaching, student teachers enrolled in a university established under the University Act or in an institution for training teachers established under any other Act, and rendering the assistance to the student teachers, and submitting the reports on their teaching ability or on other matters relating to them or to their work, considered necessary for the training of teachers by the university or institution.

(2) Reports referred to in subsection (1) (j) shall be made at least 5 times during the school year as follows:

(a) 3 written reports, one of which shall be at the end of the school year (i) on a form approved by the minister, or (ii) on a form approved by the board containing information and, when required, using reporting symbols ordered or approved by the minister;

(b) at least 2 informal reports. [am. B.C. Regs. 485/2004, s. 2; 92/2012, s. 1; 64/2021, s. 3.]

C) Ministerial Orders

A current list of Ministerial Orders can be found at the hyperlink in the title.

Some ministerial orders that affect how we do our job are listed below.

Learning Update order

Enhancing Student Learning Reporting order

IEP

Provincial Letter Grades

Provincial Standards for Codes of Conduct order

Student Learning Assessment

Students with Disabilties or with Diverse Abilities order

 

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