Adult Learning Centres — General Regulation

Adult Learning Centres — General Regulation, M.R. 102/2003 The Adult Learning Centres Act , C.C.S.M. c. A5 Regulation 102/2003 Registered June 26, 2003 bilingual version (HTML) Table of Contents Section DEFINITIONS AND INTERPRETATION 1 Definitions 2 Interpretation THE REGISTER 3 Contents of register 4 Information available to the public REGISTRATION 5 Application for registration 6 Certificate of registration LEARNERS 7 Completion of learning plan 8 Enrollment forms 9 Learner files 10 Evaluation of learners and transcripts 11 Attendance records 12 Safety of learners QUALIFICATIONS OF CENTRE STAFF 13 Qualifications of education director 14 Qualifications of instructors 15 Paraprofessionals RESPONSIBILITIES OF CENTRE STAFF 16 Overall responsibility of education director 17 Checks and records 18 When minors are present 19 Responsibilities of teachers and instructors 20 Paraprofessionals 21 Student teachers FEES 22 No tuition fees for learners enrolled in courses INSURANCE AND EXEMPTIONS 23 Insurance and exemptions from liability APPEALS 24 Definitions 25 Secretary 26 Contents of notice of appeal 27 Fixing of date for hearing 28 Registrar must provide information 29 Information made available 30 Appeal board to hear appeal 31 Procedure 32 Decision of appeal board TRANSITION AND COMING INTO FORCE 33 Transition — repeal 34 Coming into force DEFINITIONS AND INTERPRETATION Definitions 1 In this regulation, "Act" means The Adult Learning Centres Act ; («  Loi  ») "learning plan" means the plan made by a learner and an adult learning centre that sets out (a) what outcome the learner intends to achieve by attending the centre, (b) the credits and credential that will assist the learner in achieving his or her intended outcome, (c) the courses and supports that the centre will provide the learner, and (d) the expectations that the centre has for the learner; (« plan d'apprentissage ») "non-credit course" means instruction in a subject area that is not a course. (« cours hors compte ») Interpretation: "address" 2 When a provision of this regulation requires that the address of a location be provided, the municipal address of the location must be provided, as well as the mailing address, e-mail address, phone number and fax number of the location. THE REGISTER Contents of register 3(1) For each registered centre, the register must contain (a) its name, and the name of its registered operator and its education director; (b) its address, and the address of every location at which it provides a course; (c) the date it began operations; (d) the date it was first registered and the date of any renewal of its registration; and (e) the conditions, if any, to which the registration of the centre is subject. 3(2) For each registered operator, the register must contain the operator's name and address, and if the operator is a partnership, the names and addresses of the partners. If the operator or one of the partners is a corporation, the register must contain the names of the corporation's officers and directors. Information available to the public 4 During normal business hours a person may obtain from the registrar the information in the register. REGISTRATION Application for registration 5(1) In addition to the requirements of sections 5 and 8 of the Act, every application for registration of an adult learning centre must include (a) the information set out in section 3; (b) a summary of the qualifications of its education director; (c) if the registered operator is a partnership, a copy of the partnership agreement entered into by the partners; and (d) a breakdown of its funding sources and proposed funding sources. 5(2) If a registered operator intends to have more than one individual perform the powers, duties and functions of its education director, the registered operator must specify, in a manner acceptable to the registrar, the powers, duties and functions each individual will be responsible and accountable for. Certificate of registration 6(1) If the registration of an adult learning centre is approved, (a) the registrar must send a certificate of registration to the registered operator; and (b) the registered operator must ensure the certificate of registration is displayed in a prominent location in the centre that is accessible to learners. 6(2) A certificate of registration (a) must contain (i) the name of the centre, its registered operator and its education director, (ii) its address, and the address of every location at which it provides a course, and (iii) the date on which it expires; and (b) may contain any other information the registrar deems relevant. LEARNERS Completion of learning plan 7 The education director must ensure a learning plan is completed for each learner at the time he or she enrolls, and that it is revised from time to time so that it remains current with the learner's intended outcomes. Enrollment forms 8 Each learner must complete an enrollment form before being registered as a learner in an adult learning centre. The enrollment form must include the learner's name, academic history, learning plan, the courses he or she is enrolled in and any other information required by the registrar. Learner files 9(1) Every registered operator must ensure that a learner file, in a form acceptable to the registrar, is kept for each learner. 9(2) A registered operator must provide a learner, or a person authorized by a learner, access to his or her learner file at reasonable times, and assist the learner or other authorized person in interpreting its contents. 9(3) A registered operator must not disclose a learner's file to any person, other than the learner or a person designated by the registrar, without the prior consent of the learner. Evaluation of learners and transcripts 10(1) Every education director must (a) accommodate, conduct and supervise tests of learners as directed by the minister; and (b) ensure tests are marked and results reported in a manner directed by the minister. 10(2) The education director must provide each learner free of charge a transcript of his or her record of achievement at least annually when the learner is enrolled, and once after the learner is no longer enrolled. Learners may be charged a reasonable fee for copies of transcripts requested at other times. Attendance records 11 Every registered centre must keep daily attendance records, in an approved form, of learners. Safety of learners 12 The education director may bar from enrollment or attendance at the centre any learner whose behaviour detracts significantly from a safe and positive adult learning environment, or any learner who presents a threat or disruption to the safety of any other learner or staff member. QUALIFICATIONS OF CENTRE STAFF Qualifications of education director 13(1) To be qualified as an education director a person must (a) be a teacher who has (i) a certificate, diploma or degree in adult education, or (ii) completed at least one year of graduate studies in education at the post-baccalaureate level, masters level, or beyond; (b) be an instructor who has completed a masters or doctoral degree in education or adult education; (c) have education qualifications, or a combination of education qualifications and experience, that is, in the opinion of the registrar, appropriate for carrying out the prescribed responsibilities of an education director; or (d) [repealed] M.R. 102/2003 . 13(2) Every individual identified under clause 5(2) must have the qualifications set out in subsection (1). M.R. 102/2003 Qualifications of instructors 14 An instructor at an adult learning centre must (a) have a bachelor's degree and have completed (i) a certificate, diploma or degree in adult education, or (ii) at least one year of a post-secondary graduate degree in education from a public post-secondary institution; or (b) be employed as an instructor by a public post-secondary institution in Manitoba. Paraprofessionals 15 A paraprofessional at an adult learning centre must have a minimum of a Manitoba Grade 12 standing or equivalent. RESPONSIBILITIES OF CENTRE STAFF Overall responsibility of education director 16(1) The education director is responsible for all educational and financial matters respecting the operation of the registered centre, including (a) implementing the educational program of the centre, including ensuring that the educational program provided is appropriate to the needs of the community of learners served by the centre; (b) ensuring every course taught, or developed, modified or adapted for use, at the centre (i) is suitable for adult learners, and (ii) meets the standards for approval for credit by the minister; (c) in respect of each learner, (i) enrolling the learner in appropriate courses, (ii) monitoring progress, (iii) issuing statements of standing and information about his or her individual achievement on a regular basis, and (iv) providing pertinent and meaningful information about the centre and related educational matters and bringing to his or her attention any information the minister or registrar requires, (v) providing any centre or school he or she subsequently transfers to or enrolls in with a record of all credits completed while in attendance at the centre, as well as credits carried forward from his or her previous education; (d) collecting and maintaining all relevant data, including enrollment, course registration, attendance and progress of learners; and (e) in respect of teachers and instructors, (i) participating in their being hired, assigned and evaluated, (ii) reporting their teaching experience in a manner directed by the registrar, and (iii) ensuring that they are involved in the planning processes undertaken by the centre. Checks and records 17(1) In this section, "child abuse registry check" means a record about a person from the child abuse registry obtained under The Child and Family Services Act ; (« relevé des mauvais traitements ») "criminal record check" means a record obtained from a law enforcement agency about a person stating whether or not the person has any conviction or has any outstanding charge awaiting court disposition under any federal or provincial enactment. (« relevé des antécédents judiciaires ») 17(2) If an adult learning centre has minors present, the registered operator must ensure that each person who works at the centre provides a criminal record check and a child abuse registry check, dated within three months prior to commencing work at the centre. 17(3) The registered operator must ensure that the checks referred to in subsection (2) are (a) examined by the registered operator (i) to determine if the person may be a risk to the minors present, and (ii) to assess the person's ability to discharge his or her responsibilities; and (b) maintained on the person's personnel record for as long as the person works at the centre. 17(4) If the registered operator receives information that causes the operator to believe that the person may pose a risk to minors or be unable to discharge his or her responsibilities, the operator may request that the person consent to a subsequent child abuse registry check and a criminal record check. Subsection (3) applies with necessary changes when a further check is requested under this subsection. When minors are present 18 For the purposes of section 17, an adult learning centre has minors present if (a) a person under 18 is enrolled in it; (b) the location from which it provides a program of instruction is (i) a school site, as that term is defined in section 1 of the Public Schools Act ; or (ii) a day care centre, as that term is defined in section 1 of The Community Child Day Care Standards Act ; or (c) the centre provides care to a child of a learner while the learner is participating in a course. Responsibilities of teachers and instructors 19(1) A teacher or instructor employed at a centre is responsible for (a) teaching the curriculum prescribed or approved by the minister; (b) providing a safe and effective adult learning environment; (c) advising learners what is expected of them; (d) evaluating learner progress and regularly reporting to the learner his or her progress; and (e) administering and marking, in the form and manner directed by the minister, an assessment of learner performance. 19(2) Every teacher and instructor must (a) maintain complete and accurate records of learner attendance; and (b) report learner attendance to the education director. Paraprofessionals 20 A paraprofessional must perform the duties assigned by the education director. Those duties may not include any of the following: (a) organizing or managing the classroom; (b) planning teaching strategies; (c) directing the learning experiences of learners, including assessing individual needs, selecting materials to meet those needs and evaluating progress. Student teachers 21 A student enrolled in a course of studies that is recognized by the minister as leading to qualification as a teacher may undertake and complete his or her practical experience at a registered centre under the direction of a teacher. FEES No tuition fees for learners enrolled in courses 22(1) A registered centre may not require a qualified learner to pay a tuition fee for a course. 22(2) For the purposes of subsection (1), a "qualified learner" means a resident of Manitoba who has not completed (a) secondary schooling; or (b) four additional courses after having obtained a high school diploma. 22(3) Nothing in this section precludes a registered centre from (a) charging each learner incidental fees approved by the director; (b) charging tuition for a non-credit course; (c) receiving a tuition fee on behalf of a learner who is enrolled in a course, provided the tuition is received as a result of the learner being a resident in another province or enrolled in a training program approved by the registrar; or (d) entering into an agreement with a band that provides for payment of a fee in respect of members of a band who reside on a reserve attending the centre. M.R. 36/2004 22(4) In clause (3)⁠(d), "band" and "member of a band" have the same meaning as in the Indian Act (Canada). M.R. 36/2004 INSURANCE AND EXEMPTIONS Insurance and exemptions from liability 23(1) Sections 86 to 88 of The Public Schools Act apply, with necessary changes, to a registered centre. Changes in applying provisions 23(2) In applying the provisions referred to in subsection (1), all references in the provisions to (a) "pupil" shall be read as references to "learner"; (b) "school" shall be read as references to "centre"; (c) "school board" shall be read as references to "adult learning centre"; (d) "school buses" shall be read as references to "transportation arranged by the adult learning centre"; (e) "the school division or school district" shall be read as references to "the adult learning centre or its registrant"; and (f) "trustees" shall be read as references to "directors or officers". APPEALS Definitions 24 In sections 25 to 32, "appeal board" means an appeal board appointed by the minister as set out in subsection 16(2) of the Act; (« commission d'appel ») "appellant" means a registered operator who appeals a decision of the registrar, and includes an applicant who, under section 10 of the Act, is refused registration; (« appelant ») "parties" means the parties to an appeal, and includes the appellant and the registrar. (« parties ») Secretary 25 The minister may designate a secretary to the appeal board for the purpose of administering appeals. Contents of notice of appeal 26 A notice of appeal must contain (a) a copy of the notice of the decision of the registrar that is the subject of the appeal; and (b) concisely stated reasons for the appeal. Fixing of date for hearing 27 When a notice of appeal is received and an appeal board appointed, the secretary must (a) provide a copy of the notice of appeal to the registrar and to the members of the appeal board; (b) fix a date, time and place at which the appeal board will hear the appeal; and (c) give at least 14 days notice of the date, time and place of the hearing to the appellant and the registrar. Registrar must provide information 28 On receiving a notice of appeal, the registrar must promptly give the secretary (a) the information on which he or she made the decision being appealed; and (b) any other information the registrar thinks might be relevant to the appeal. Information made available 29 The secretary must (a) forward a copy of the information received under section 28 to the members of the appeal board; and (b) give the appellant a reasonable opportunity to examine and copy that information. Appeal board to hear appeal 30(1) Subject to subsection (2), the appeal board must begin the hearing at the date, time and place set out in the notice given under clause 27(c). 30(2) The appeal board may confirm a decision made by the registrar without holding a hearing if the appeal board is of the opinion the appeal is frivolous, vexatious, or does not comply with the requirements of section 26. Procedure 31(1) Subject to the provisions of this section, the appeal board may establish its own rules of practice and procedure. 31(2) The appeal board is not bound by the rules of evidence that apply to judicial proceedings. 31(3) A hearing may be held by means of a conference telephone call, or by another method of communication that permits the appeal board and the parties to communicate with each other simultaneously. 31(4) The appeal board may adjourn a hearing when it considers it appropriate to do so. Decision of appeal board 32 The decision of the majority of members shall be the decision of the appeal board. TRANSITION AND COMING INTO FORCE Transition — repeal 33 Clause 13(1)⁠(d) is repealed on July 1, 2008. Coming into force 34 This regulation comes into force on July 1, 2003. June 26, 2003 Minister of Advanced Education and Training/ 26 juin 2003 La ministre de l'Enseignement postsecondaire et de la Formation professionnelle, Diane McGifford