Charter Schools Regulation

(Consolidated up to 14/2025) alberta regulation 85/2019 Education Act CHARTER SCHOOLS REGULATION Table of Contents 1 Definitions 2 Refusal to establish an alternative program 3 Application for establishment of charter school 3.1 Notice of application 3.2 Minister’s decision 4 Contents of charter 5 Initial term of charter 6 Commencement of charter school 7 Renewal of charter 8 Long‑term renewal of charter 9 Amendment of charter 10 Additional location 11 Enrolment in another school 12 Responsibility to students 13 Responsibility to share research, innovations and best practices 14 Charter board responsibilities 15 Transfer of charter school 16 Review by Minister 17 Repeal of charter 18 Termination of charter school 19 Dissolution of charter school 20 Repeal 21 Expiry 22 Coming into force Definitions 1 In this Regulation, (a) “Alberta Programs of Study” means the courses and programs of study prescribed by the Minister under section 18(1)(a) of the Act; (b) “alternative program” means an alternative program within the meaning of section 19 of the Act; (c) “applicant” means a person that applies for the establishment of a charter school on behalf of a charter board; (d) repealed AR 80/2022 s2; (e) “charter” means a charter approved by the Minister under section 25(1) of the Act; (f) “charter board” means the society or company named in a charter as being responsible for the operation of a charter school. (g) “STEM” means science, technology, engineering and mathematics; (h) “vocation‑based education” means (i) an apprenticeship education program, an industry training program or training towards certification in a designated trade under the Skilled Trades and Apprenticeship Education Act , or (ii) a STEM‑focused program. AR 85/2019 s1;143/2020;80/2022;157/2022 2 Repealed AR 143/2020 s3. Application for establishment of charter school 3 An application for the establishment of a charter school under section 24 of the Act must contain the following information: (a) the name and contact information of the applicant; (b) the names and contact information of the members of the governing body of the charter board; (c) the proposed name of the charter school; (d) the proposed opening date for the charter school; (e) except for a charter school focused on vocation-based education, a statement explaining how the proposed program to be offered by the charter school is significantly different from the programs offered by a board of a public or separate school division or Francophone regional authority operating within the geographic area in which the charter school is to be established; (f) independent research supporting the proposed program to be offered by the charter school; (g) indications of significant community support for the charter school; (h) a parent declaration, in the form prescribed by the Minister, indicating the parent’s intention to enrol their child or children in the charter school; (i) a description of the type of collaboration or engagement the charter school will have with a post‑secondary institution or a school division; (j) the projected student enrolment and the proposed distribution of enrolled students in each grade for each year of the initial term of the charter; (k) a school operational plan, including projections of the short‑term and long‑term educational and financial viability of the charter school; (l) information respecting the acquisition and maintenance of the school building to be used for the charter school; (m) the proposed charter for the charter school; (n) any other information required by the Minister. AR 85/2019 s3;143/2020;80/2022 Notice of application 3.1 Notice provided under section 24(2) of the Act must (a) be in writing, and (b) include the following information: (i) the proposed name of the charter school; (ii) the geographic area in which the charter school is to be established; (iii) the proposed program to be offered at the charter school. AR 80/2022 s3.1 Minister’s decision 3.2 (1) Within 90 days after receiving an application, the Minister must (a) approve the application subject to any terms and conditions the Minister considers appropriate, or (b) reject the application with reasons. (2) Subject to subsection (3), in making a decision under subsection (1), the Minister may consider any information received from a board of a public or separate school division, Francophone regional authority or operator of a charter school that received notice under section 24(2) of the Act, including information about any alternative programs that currently exist in the geographic area in which the charter school is to be established. (3) Subsection (2) does not apply in respect of a charter school focused on vocation-based education. (4) The Minister must provide (a) written notice of the decision under subsection (1) to (i) the applicant, and (ii) any board of a public or separate school division, a Francophone regional authority or an operator of a charter school that received notice under section 24(2) of the Act, and (b) if the decision under subsection (1) is to reject the application, the reasons for the decision to the applicant. (5) A decision by the Minister under subsection (1) is final. AR 80/2022 s3.2 Contents of charter 4 A charter must include the following information: (a) the name of the charter board; (b) the vision, purpose and teaching philosophy of the charter school and whether the charter school is focused on vocation-based education; (c) a description of the students for whom the charter school is intended; (d) the goals of the charter school expressed as measurable outcomes; (e) a description of the improved student learning outcomes to be attained by each student; (f) the grades to be offered at the charter school; (g) the selection criteria to be used if applications for enrolment exceed the capacity of the charter school; (h) any curriculum to be offered by the charter school in addition to the Alberta Programs of Study; (i) a description of the process by which the successful innovations of the charter school are to be communicated to the education community; (j) a description of the process by which the charter may be amended; (k) a description of the process by which the charter school may be dissolved, including (i) the form of notice of dissolution to be given by the charter board to parents and other interested persons or groups, (ii) the transfer of students to other schools, and (iii) the disposition of real and personal property and financial, school and student records; (l) any other information required by the Minister. AR 85/2019 s4;143/2020;80/2022 Initial term of charter 5 (1) The initial term of a charter is 5 years beginning on the first day on which the charter school opens. (2) A charter school must operate for its term unless before that term expires, the charter is repealed under section 17 or the operation of the charter school is terminated under section 18. Commencement of charter school 6 Before a charter school begins to operate, (a) the charter school must have at least the number of students that, in the opinion of the Minister, is required to ensure that the program offered by the charter school is educationally and financially viable, and (b) the charter board must (i) appoint a superintendent in accordance with section 222 of the Act, (ii) appoint a secretary and treasurer or a secretary‑treasurer in accordance with section 68 of the Act, and (iii) provide to the Minister proof that the school building complies with municipal zoning bylaws and all applicable municipal and provincial public health, safety, fire and building standards requirements, if the school building was used for a purpose other than as a school building immediately before it was acquired by the charter board. AR 85/2019 s6;80/2022 Renewal of charter 7 (1) A charter board may apply to the Minister in writing for a renewal of the charter no later than the date determined by the Minister in the final year of its term. (2) Notwithstanding subsection (1), the Minister may extend the time by which a charter board may apply to the Minister for a renewal of the charter if, in the Minister’s opinion, an extension is warranted. (3) The Minister must not renew a charter unless the Minister is satisfied that the charter school (a) is meeting the terms and conditions of its charter and has performance measures that demonstrate clear evidence of success, (b) is operating in a manner consistent with all applicable provisions of the Act, regulations and policies of the Minister, (c) is fiscally viable and responsible, and (d) has a school program considered successful by the charter school council, community, students, parents and staff. (4) The Minister must conduct at least one evaluation of a charter school within its current term. (5) A charter may be renewed for a term of 5 years or for a shorter term agreed to by the Minister and the charter board. (6) Within 90 days after receiving an application for renewal, the Minister must (a) approve the application subject to any terms and conditions the Minister considers appropriate, or (b) reject the application with reasons. (7) The Minister must provide to the charter board written notice of the decision under subsection (6) and, if the decision is to reject the application for renewal, the reasons for the decision. (8) A decision by the Minister under this section is final. AR 85/2019 s7;80/2022 Long‑term renewal of charter 8 (1) Notwithstanding section 7(5), a charter may be renewed for a term of 15 years if, in addition to being satisfied that the criteria set out in section 7(3) are being met, the Minister is satisfied that (a) student achievement at the charter school is consistently strong or improving, (b) there are multiple indicators of the charter school’s ongoing commitment to engaging students, teachers, parents and community members in a collaborative model of continuous improvement, and (c) repealed AR 80/2022 s6; (d) there is evidence that the charter school uses research‑informed practices to create innovative learning environments and improve student learning outcomes. (2) Notwithstanding section 7(4), if the Minister approves a renewal term of 15 years, the Minister must conduct an evaluation of the charter school during the 12th year of the renewal term. AR 85/2019 s8;80/2022 Amendment of charter 9 After a charter school has been established, the charter board may amend the charter (a) in accordance with the process set out in the charter, and (b) with the approval of the Minister in writing. Additional location 10 (1) After a charter school has been established, the charter board may apply to the Minister for approval to operate the charter school in an additional location in a different geographic area. (2) On receiving an application under subsection (1), the Minister must provide notice of the application to (a) every board of a public or separate school division and Francophone regional authority operating within the geographic area in which the charter board proposes to operate the additional location of the charter school, and (b) the operators of any other charter schools as determined by the Minister. (3) Within 90 days after receiving the application, the Minister must (a) approve the application subject to any terms and conditions the Minister considers appropriate, or (b) reject the application with reasons. (4) Subject to subsection (5), in making a decision under subsection (3), the Minister may consider any information received from a board of a public or separate school division, Francophone regional authority or operator of a charter school that received notice under subsection (2), including information about any alternative programs that currently exist in the geographic area in which the charter board proposes to operate the additional location of the charter school. (5) Subsection (4) does not apply in respect of a charter school focused on vocation-based education. (6) The Minister must provide to the charter board written notice of the decision under subsection (3) and, if the decision is to reject the application, the reasons for the decision. (7) A decision by the Minister under subsection (3) is final. AR 85/2019 s10;80/2022 Enrolment in another school 11 A parent of a student enrolled in a charter school may not request that the student be enrolled in another school during the school year unless the other school consents. Responsibility to students 12 A charter board is responsible for providing an education program for its students during the school year in which the students are enrolled. (2) to (6) Repealed AR 14/2025 s2. AR 85/2019 s12;227/2022;14/2025 Responsibility to share research, innovations and best practices 13 A charter board is responsible for sharing research, innovations and best practices with other educational stakeholders, including post‑secondary institutions and public schools. Charter board responsibilities 14 (1) The charter board must ensure that neither the charter school administrators nor any of the charter board’s employees are elected or appointed as members of its governing body. (2) The meetings of the governing body of a charter board must be held in public and no person may be excluded from the meetings except for improper conduct. (3) The chair of the governing body of a charter board may cause to be excluded from a meeting any person who, in the opinion of the chair, is guilty of improper conduct at that meeting. (4) Notwithstanding subsection (2), when a majority of the governing body members present at a meeting of a governing body are of the opinion that it is in the public interest to hold the meeting or part of the meeting in private for the purpose of considering any matter, the governing body may by resolution exclude any person from the meeting. (5) When a meeting is held in private, the governing body of a charter board has no power to pass a resolution at that meeting apart from the resolution necessary to revert to an open meeting. (6) No member of the governing body of a charter board may receive remuneration for acting as a member of the governing body. (7) A charter board may reimburse the members of its governing body for any expenses they incur in the course of performing their duties as members of the governing body. Transfer of charter school 15 (1) Subject to subsection (2), a charter board may transfer the operation of a charter school to a society incorporated under the Societies Act or a company registered under Part 9 of the Companies Act . (2) Before the operation of a charter school is transferred, the society or company to whom the operation is to be transferred must obtain the approval of the Minister in writing. Review by Minister 16 (1) A member of the governing body of a charter board who is alleged to be disqualified under section 87, except subsections (1)(a) and (2), or section 88 of the Act from remaining as a member of the governing body may ask the Minister in writing to review the matter to determine if the member is qualified to remain as a member of the governing body. (2) If an individual has been refused enrolment in a charter school, the individual or the individual’s parent may ask the Minister in writing to review the matter to determine the individual’s eligibility to be enrolled in the charter school. (3) On concluding a review of a matter under this section, the Minister may, subject to the Act and this Regulation, make any decision the Minister considers appropriate. (4) A decision by the Minister under this section is final. Repeal of charter 17 (1) The Minister may repeal a charter if, in the opinion of the Minister, the terms and conditions of the charter are not being met. (2) The Minister must not repeal a charter unless (a) the charter board has been informed in writing of the Minister’s intention and reasons for repealing the charter, and (b) after having been given a reasonable period to satisfy the Minister’s concerns regarding the charter school, the charter board is not able to satisfy those concerns. AR 85/2019 s17;80/2022 Termination of charter school 18 (1) Notwithstanding that the term of a charter has not expired, a charter board may terminate the operation of the charter school at the end of a school year, with the approval of the Minister in writing, by voting to terminate the operation of the charter school. (2) The charter board must notify the Minister in writing by January 31 of its intent to terminate the charter at the end of the school year. Dissolution of charter school 19 If a charter is repealed under section 17 or the operation of a charter school is terminated under section 18, the charter school must be dissolved and wound up in accordance with the process set out in the charter. Repeal 20 The Charter Schools Regulation (AR 212/2002) is repealed. Expiry 21 For the purpose of ensuring that this Regulation is reviewed for ongoing relevancy and necessity, with the option that it may be repassed in its present or an amended form following a review, this Regulation expires on August 31, 2027. Coming into force 22 This Regulation comes into force on September 1, 2019.