In-person Learning Regulation

(Consolidated up to 161/2025) alberta regulation 13/2025 Education Act IN‑PERSON LEARNING REGULATION Table of Contents 1 Application 2 In‑person learning option required 3 Right to education during emergencies under section 3.1 of the Act 4 Face masks, face coverings 5 Temporary at‑home learning 6 Same education courses, programs during at‑home learning 7 Requirement to make policies 8 Transitional 9 Repeal 10 Expiry 11 Coming into force Application 1 (1) This Regulation applies to a board, a Francophone regional authority, an operator of a charter school and a person responsible for the operation of an independent school, and a reference in this Regulation to a board is deemed to include a reference to a Francophone regional authority, an operator of a charter school and a person responsible for the operation of an independent school. (2) This Regulation does not apply in respect of a student enrolled in an early childhood services program. AR 13/2025 s1;136/2025 In‑person learning option required 2 (1) Subject to section 5, in fulfilling its responsibility to deliver appropriate education programming, a board offering or providing in‑person learning for some or all of grades 1 to 12 may offer or provide at‑home learning only if the board provides or continues to provide an option for in‑person learning for each student at the student’s regularly attended school for all grades for which that board offers or provides at‑home learning. (2) The option for in‑person learning must allow the student to continue with the same courses and education program that the student is enrolled in as of the date at‑home learning is offered or provided. (3) The Minister may, by order, exempt a board from the application of subsection (1) or (2), subject to any terms and conditions the Minister considers appropriate. Right to education during emergencies under section 3.1 of the Act 3 Section 2 and any orders made under that section apply during emergencies described in section 3.1(1) of the Act, except to the extent of any conflict or inconsistency referred to in section 75 of the Public Health Act and section 18(5.1) of the Emergency Management Act . Face masks, face coverings 4 In fulfilling its responsibility to deliver appropriate education programming, a board may not deny a student access to in‑person learning if the student does not wear a face mask or any other face covering for the primary purpose of preventing or limiting the spread of any communicable disease as defined in the Public Health Act . Temporary at‑home learning 5 (1) Subject to subsection (4), a board may, without being exempt by an order referred to in section 2(3), provide at‑home learning without also providing an in‑person learning option for some or all students if (a) there are circumstances that threaten the safe operation of all or part of the building where students regularly attend school, (b) the circumstances referred to in clause (a) are not related to or a result of an emergency described in section 3.1(1) of the Act, (c) the board is satisfied that, under the circumstances referred to in clause (a), it is reasonably necessary to restrict access to all or part of the building where students regularly attend school such that it is not reasonable to conduct in‑person learning, and (d) the board plans to provide at‑home learning without an in‑person learning option for 3 consecutive school days or less. (2) When a board begins to provide at‑home learning without also providing an in‑person learning option, the board must, within 48 hours, notify the Minister, in a form and manner acceptable to the Minister, of (a) the date and time when the board began providing at‑home learning without an in‑person learning option, (b) the total number of students and the grades of the students for whom at‑home learning is provided without an in‑person learning option, and (c) the date and time when the board plans to resume providing an in‑person learning option for some or all of the students. (3) When a board resumes providing an in‑person learning option for some or all of the students, the board must, within 48 hours, notify the Minister, in a form and manner acceptable to the Minister, of (a) the date and time when the board resumed providing the in‑person learning option, and (b) the total number of students and the grades of the students for whom (i) the in‑person learning option resumed, and (ii) the board plans to, subject to subsection (4), continue providing at‑home learning without providing an in‑person learning option, if any. (4) A board may not continue providing at-home learning without providing an in‑person learning option for some or all of the students beyond 3 consecutive school days unless (a) the circumstances referred to in subsection (1)(a) continue, (b) the board is satisfied that it is reasonably necessary under the circumstances to continue to restrict access to all or part of the building where students regularly attend school such that it is not reasonable to resume in-person learning, (c) the Minister has made an order under section 2(3) authorizing the board to do so, and (d) the board complies with the terms and conditions of the order. Same education courses, programs during at‑home learning 6 When, in accordance with this Regulation, a board provides at‑home learning without an in‑person learning option, the board must make reasonable efforts to enable a student to continue with the same courses and education program that the student is enrolled in as of the date at‑home learning begins, in accordance with its policies made under section 7. Requirement to make policies 7 (1) A board must establish, publish, implement and maintain policies in respect of providing at‑home learning without an in‑person learning option, including policies that address (a) factors for consideration in determining if learning should be in person or at home, or a combination of both, (b) opportunities for continuing in‑person learning at buildings other than the building where students regularly attend school, (c) how the board plans to provide at‑home learning while fulfilling its obligations under the Act and the regulations, and (d) how the board plans to make reasonable efforts to enable students to participate in at‑home learning. (2) When establishing policies under subsection (1), the board must consider any guidelines the Minister may make in respect of providing at‑home learning without an in‑person learning option. (3) A board must establish, publish and, as required, implement policies made in accordance with subsection (1) no later than September 1, 2025. Transitional 8 (1) In this section, “former order” means an order made under (a) section 12(6) of the Charter Schools Regulation (AR 85/2019), (b) section 4 of the In‑person Learning Regulation (AR 226/2022), or (c) section 3.1(4), 11.1(4) or 16.1(4) of the Private Schools Regulation (AR 127/2022). (2) A former order that was in effect immediately before the coming into force of this Regulation is deemed to be an order made under section 2(3) of this Regulation and continues to have effect according to its terms and conditions until it expires or is amended or cancelled by the Minister. Repeal 9 The In‑person Learning Regulation (AR 226/2022) is repealed. Expiry 10 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 May 31, 2027. AR 13/2025 s10;161/2025 Coming into force 11 This Regulation comes into force on the coming into force of section 5 of the Education Amendment Act, 2024 .