The Alberta Teachers’ Association

On October 23 Education Minister Jeff ­Johnson tabled a new version of the Education Act in the legislature. This is the government’s third attempt to pass the framework legislation for education in Alberta intended to replace the School Act. In 2012 then education minister Dave Hancock introduced Bill 18—it died on the order paper when the legislature adjourned prior to the PC leadership contest. The following year, then education minister Thomas Lukaszuk introduced Bill 2 but it also died on the order paper when the legislature was dissolved for the general election. Minister Johnson’s version, labelled Bill 3, is the same as Lukaszuk’s Bill 2, with a few exceptions.

Government was poised to pass the legislation last winter until a couple of groups raised concerns—home-school advocates rallied at the legislature to protest the bill’s references to the Alberta Human Rights Act and the Canadian Charter of Rights and Freedoms contained in a clause on diversity and respect. The Alberta Catholic School Trustees’ Association expressed concerns about provisions dealing with shared facilities and the potential blending of public and separate school jurisdictions. The Alberta Teachers’ Association also had concerns related to provisions for the expansion of charter schools.

Minister Johnson seems to have considered all these concerns in drafting Bill 3 as all of the problematic sections have been revised.

The Diversity and Respect clauses in Bill 3 now state that all courses, programs and materials must honour and respect “the common values and beliefs of Albertans” as opposed to honouring and respecting “the Canadian Charter of Rights and Freedoms and the Alberta Human Rights Act.” An added clause states that programs must not promote racial or ethnic superiority, social change through violent action or disobedience of laws. The language on common values and beliefs of Albertans is consistent with the current School Act.

For Catholic trustees, a clause from Bill 2 that would have allowed the minister to direct a board to make surplus space available to another board was removed. Also, language in the new act allows the minister to create combined school divisions, but only at the request of both existing school divisions.

A new clause states that applications for charter schools can be made only if the board of the local school division refuses to establish an alternative program first. Also, “the operator of a charter school must restrict its purposes to the operation of that charter school.” The ­Association advocated for these changes, which are more consistent with the current practices outlined in the School Act.

Commenting on the new act, ATA President Carol Henderson said, “Bill 2’s provisions related to charter schools would have allowed private companies with non-educational operations to open charter schools in Alberta. We believe that this new version of the Education Act once again appropriately protects the ­interests of public education by reinforcing the primacy of our public and separate school boards.”

Henderson also said that the Association might have preferred more inclusive and clear wording on the diversity and respect provisions, but said that the change will not affect public and separate schools where the Charter of Rights and Freedoms and the Human Rights Act remain as pieces of overarching legislation.

Bill 3 passed second reading on October 24 and was reported with amendments, by Committee of the Whole, on October 30.