Teacher Certification and Standards Regulations

c t EDUCATION ACT TEACHER CERTIFICATION AND STANDARDS REGULATIONS PLEASE NOTE This document, prepared by the Legislative Counsel Office, is an office consolidation of this regulation, current to October 12, 2024. It is intended for information and reference purposes only. This document is not the official version of these regulations. The regulations and the amendments printed in the Royal Gazette should be consulted on the Prince Edward Island Government web site to determine the authoritative text of these regulations. For more information concerning the history of these regulations, please see the Table of Regulations on the Prince Edward Island Government web site (www.princeedwardisland.ca). If you find any errors or omissions in this consolidation, please contact: Legislative Counsel Office Tel: (902) 368-4292 Email: legislation@gov.pe.ca INTERPRETATION Education Act Teacher Certification and Standards Regulations Section 1 c EDUCATION ACT Chapter E-.02 TEACHER CERTIFICATION AND STANDARDS REGULATIONS Pursuant to section 107 of the Education Act R.S.P.E.I. 1988, Cap. E-.02, Council made the following regulations: INTERPRETATION 1. Definitions (1) In these regulations, (a) “accredited university” means a university or degree-granting institution that is (i) established by the laws of the jurisdiction in which the university or institution is located, or (ii) accredited by an organization that is responsible for accreditation of universities or degree-granting institutions in the jurisdiction in which the university or institution is located; (b) “Act” means the Education Act R.S.P.E.I. 1988, Cap. E-.02; (c) “approved study” means a course or program approved by the Minister, on the recommendation of the Board, pursuant to subsection 3(2); (d) “Board” means the Teacher Certification and Standards Board continued under subsection 7(1) of the Act; (d.1) “college” means a college or private training school that is (i) established by the laws of the jurisdiction in which the college or private training school is located, or (ii) licensed or registered as a college or private training school under the laws of the jurisdiction in which the college or private training school is located; (e) “credit hour” means a unit of value assigned to a course or other training activity; (f) “interprovincial standards (Red Seal) endorsement” means an interprovincial standards (Red Seal) endorsement as defined in the Apprenticeship and Trades Qualification Act General Regulations (EC666/12); (g) “major” means a primary concentration of courses in a particular subject area recognized by the accredited university offering the courses; (h) “minor” means a secondary concentration of courses in a particular subject area recognized by the accredited university offering the courses; c t Current to: October 12, 2024 Page 3 APPLICATION Section 2 Education Act Teacher Certification and Standards Regulations (h.1) “post-secondary study” means a course or program offered by an accredited university or a college; (i) “teachable subject-area” means a subject-area of the education program approved by the Minister under clause 3(2)(b) of the Act; (j) “teacher’s license (academic)” means the category of teacher’s license established under section 2.1; (k) “teacher’s license (career and technical)” means the category of teacher’s license established under section 5.1; (l) “technical education teacher training program” means a technical education teacher training program consisting of at least 30 credit hours, approved by the Board. Definition, pre-service teacher education program (2) In these regulations, a “pre-service teacher education program” means a program that (a) is offered at an accredited university that is authorized by the laws of the jurisdiction where it is located to grant a degree in pre-service teacher education; (b) is recognized by the teacher certification authority of the jurisdiction where the accredited university is located for the purposes of teacher certification or licensure; (c) is comprised of (i) at least 120 credit hours of post-secondary study leading to a bachelor’s degree in education, or an academic credential the Registrar deems to be equivalent, or (ii) a combination of the following: (A) at least 90 credit hours of post-secondary study leading to an undergraduate degree with a major or a minor in two or more teachable subject-areas, and (B) at least 30 credit hours of post-secondary study in education leading to a bachelor’s degree in education, or an academic credential the Registrar deems to be equivalent; (d) includes at least one course in each of the following: (i) education foundations, (ii) methods of teaching curriculum in relation to each teachable subject-area, (iii) assessment and evaluation, (iv) differentiated instruction and inclusion; and (e) includes at least 60 days of supervised practice teaching in a public or licensed private elementary or secondary school. (EC534/16; 263/17; 111/20; 580/21) APPLICATION 2. Application for teacher’s license (1) A person who applies for a teacher’s license in accordance with section 98 of the Act shall provide the following with the application: (a) a statement of the results of a criminal record check and a vulnerable person sector search made in respect of the applicant, dated not earlier than 3 months prior to the date of the application; (b) evidence satisfactory to the Registrar of the applicant’s identity; Page 4 Current to: October 12, 2024 t c TEACHER’S LICENSE (ACADEMIC) Education Act Teacher Certification and Standards Regulations Section 3 (c) evidence satisfactory to the Registrar that the applicant is entitled to work in Canada; (d) official transcripts from each post-secondary institution that the applicant has attended; (e) evidence satisfactory to the Registrar that the applicant meets the standards and criteria in subsection 2.1(2) or 5.1(2), as the case may be; (f) if the applicant has held or holds the equivalent of a teacher’s license in one or more jurisdictions other than Prince Edward Island, evidence satisfactory to the Registrar that the applicant is in good standing with the teacher certification authority in each of those jurisdictions. Standards and criteria (2) Revoked by EC580/21. Terms and conditions (3) The Registrar may impose terms and conditions on a teacher’s license pursuant to subsection 99(2) of the Act, provided that, on issuing the teacher’s license, the Registrar provides to the teacher written reasons for the imposition of the terms and conditions. Refusal to issue (4) In addition to the grounds set out in subsection 99(4) of the Act and pursuant to clause 99(4)(i) of the Act, the Registrar may refuse to issue a teacher’s license to an applicant if the applicant is not entitled to work in Canada. (EC534/16; 580/21) TEACHER’S LICENSE (ACADEMIC) 2.1 Teacher’s license (academic) (1) The category of teacher’s license (academic) is established. Standards and criteria (2) To obtain a teacher’s license (academic), an applicant shall have successfully completed a pre-service teacher education program. Labour mobility (3) An applicant who holds a certification in another Canadian jurisdiction that the Registrar considers equivalent to a teacher’s license (academic) is deemed to meet the standards and criteria in subsection (2). Definitions (4) In subsection (3), “Canadian jurisdiction” and “certification” have the same meaning as in the Labour Mobility Act R.S.P.E.I. 1988, Cap. L-1.1. (EC580/21) 3. Registrar recommendation, approved study (1) The Registrar may recommend to the Minister that a course or program be recognized as approved study for the purposes of assigning a qualification level to a teacher’s license (academic). c t Current to: October 12, 2024 Page 5 TEACHER’S LICENSE (ACADEMIC) Section 4 Education Act Teacher Certification and Standards Regulations Requirements for approved study (2) The Minister may recognize a course or program recommended by the Registrar as approved study for the purposes of assigning a qualification level to a teacher’s license (academic), if the course or program (a) is recognized for credit by an accredited university as (i) an education course or program related to the education of students in an elementary or secondary school setting, or (ii) a course or program in a teachable subject-area that is at a fourth year or graduate level; or (b) is provided by an organization other than an accredited university for the purposes of continuing professional development of teachers. (EC534/16; 580/21; 889/24) 4. Assignment of qualification level (1) On issuing a teacher’s license (academic) pursuant to subsection 99(1) of the Act, the Registrar shall assign a qualification level with respect to the teacher’s license (academic) in accordance with this section and provide to the teacher written reasons for the qualification level assigned. Qualification level 4 (2) The Registrar shall assign a qualification level 4 with respect to a teacher’s license (academic), unless the applicant meets the requirements for a qualification level under subsection (3), (4), (6) or (7), as the case may be. Qualification level 5 (3) Subject to subsections (4), (6) and (7), the Registrar shall assign a qualification level 5 with respect to a teacher’s license (academic), if the Registrar is satisfied that the applicant has successfully completed a total of at least 150 credit hours, comprised of (a) the minimum requirement of 120 credit hours for a pre-service teacher education program; and (b) an additional 30 credit hours of approved study. Qualification level 5A (4) Subject to subsections (6) and (7), the Registrar shall assign a qualification level 5A with respect to a teacher’s license (academic), if the Registrar is satisfied that the applicant has successfully completed a total of at least 180 credit hours, comprised of (a) the minimum requirement of 120 credit hours for a pre-service teacher education program; and (b) an additional 60 credit hours of approved study, of which at least 30 credit hours (i) are recognized for credit by an accredited university as a course or program in a teachable subject-area that is at a fourth year or graduate level, and (ii) are not part of the applicant’s pre-service teacher education program. Trade equivalent (5) For the purpose of subsection (3) or (4), the receipt of an interprovincial standards (Red Seal) endorsement in a trade related to a teachable subject-area is deemed to be equivalent to, and meet the requirement of, 30 credit hours of approved study. Page 6 Current to: October 12, 2024 t c TEACHER’S LICENSE (CAREER AND TECHNICAL) Education Act Teacher Certification and Standards Regulations Section 5 Qualification level 6 (6) Subject to subsection (7), the Registrar shall assign a qualification level 6 with respect to a teacher’s license (academic), if the Registrar is satisfied that the applicant has successfully completed a total of at least 180 credit hours, comprised of (a) the minimum requirement of 120 credit hours for a pre-service teacher education program; and (b) an additional 60 credit hours of approved study, of which at least 30 credit hours leads to the successful completion of a master’s degree program offered by an accredited university. Qualification level 7 (7) The Registrar shall assign a qualification level 7 with respect to a teacher’s license (academic), if the Registrar is satisfied that the applicant has successfully completed a total of at least 210 credit hours, comprised of (a) the minimum requirement of 120 credit hours for a pre-service teacher education program; (b) an additional 60 credit hours of approved study, of which at least 30 credit hours leads to the successful completion of a master’s degree program offered by an accredited university; and (c) an additional 30 credit hours of approved study leading to the successful completion of an additional master’s degree program or a doctoral degree program offered by an accredited university. Transitional (8) Revoked by EC580/21. (EC534/16; 580/21; 168/22) 5. New qualification level (1) On application by a teacher in the form required by the Registrar and payment of the fee set out in subsection 15(1), the Registrar shall assign a new qualification level in respect of the teacher’s license (academic) if the Registrar is satisfied that the teacher meets the requirements for the new qualification level set out in subsection 4(3), (4), (6) or (7), as the case may be. Notice of refusal (2) Where the Registrar refuses to assign a new qualification level to a teacher’s license (academic) or assigns a qualification level other than the one requested by the applicant under subsection (1), the Registrar shall serve notice of and reasons for the refusal or alternate assignment, in writing, on the teacher by regular mail, which is deemed to be received by the applicant five days after the date on which it was sent. (EC534/16; 580/21) TEACHER’S LICENSE (CAREER AND TECHNICAL) 5.1 Teacher’s license (career and technical) (1) The category of teacher’s license (career and technical) is established. Standards and criteria (2) To obtain a teacher’s license (career and technical), an applicant shall (a) hold a high school diploma or a verified equivalent; c t Current to: October 12, 2024 Page 7 TEACHER’S LICENSE (CAREER AND TECHNICAL) Section 5 Education Act Teacher Certification and Standards Regulations (b) have completed five years of a combination of post-secondary study and work experience in the occupation in which the applicant is certified, which includes at least 30 credit hours of post-secondary study; (c) hold a recognized occupational certification in (i) applied science technology or engineering technology, (ii) automotive technology, (iii) carpentry, (iv) culinary arts, (v) welding, or (vi) any other occupation for which a provincial curriculum has been developed; and (d) have successfully completed a technical education teacher training program. Credit hours counted as prior learning or work experience (3) Any credit hours of post-secondary study counted as prior learning or work experience for the purpose of occupational certification shall not be counted towards the credit hours required in clause (2)(b) or (d). Exception, technical education teacher training program (4) Notwithstanding clause (2)(d), the Registrar may issue a teacher’s license (career and technical) to an applicant who does not meet the requirement of clause (2)(d), subject to the terms and conditions that (a) within one year of the issuance of the license, the applicant shall apply for or enroll in a technical education teacher training program; and (b) within five years of the issuance of the license, the applicant shall successfully complete a technical education teacher training program. Labour mobility (5) An applicant who holds a certification in another Canadian jurisdiction that the Registrar considers equivalent to a teacher’s license (career and technical) is deemed to meet the standards and criteria in subsection (2). Definitions (6) In subsection (5), “Canadian jurisdiction” and “certification” have the same meaning as in the Labour Mobility Act. (EC580/21) 5.2 Assignment of qualification level (1) On issuing a teacher’s license (career and technical) pursuant to subsection 99(1) of the Act, the Registrar shall assign a qualification level with respect to the teacher’s license (career and technical) in accordance with this section and provide to the teacher written reasons for the qualification level assigned. Qualification level 1 (2) The Registrar shall assign a qualification level 1 with respect to a teacher’s license (career and technical), unless the applicant meets the requirements for a qualification level under subsection (3), (4), (5), (6) or (7), as the case may be. Page 8 Current to: October 12, 2024 t c TEACHER’S LICENSE (CAREER AND TECHNICAL) Education Act Teacher Certification and Standards Regulations Section 5 Qualification level 2 (3) Subject to subsections (4), (5), (6) and (7), the Registrar shall assign a qualification level 2 with respect to a teacher’s license (career and technical), if the Registrar is satisfied that, in addition to meeting the requirements for qualification level 1, the applicant (a) has successfully completed an additional 30 credit hours of post-secondary study; and (b) holds a college diploma related to the occupation in which the applicant is certified. Qualification level 3 (4) Subject to subsections (5), (6) and (7), the Registrar shall assign a qualification level 3 with respect to a teacher’s license (career and technical), if the Registrar is satisfied that, in addition to meeting the requirements for qualification levels 1 and 2, the applicant has successfully completed an additional 30 credit hours of post-secondary study. Qualification level 4 (5) Subject to subsections (6) and (7), the Registrar shall assign a qualification level 4 with respect to a teacher’s license (career and technical), if the Registrar is satisfied that, in addition to meeting the requirements for qualification levels 1 to 3, the applicant (a) has successfully completed an additional 30 credit hours of post-secondary study; and (b) holds a degree or equivalent credential based on the successful completion of a pre- service teacher education program. Qualification level 5 (6) Subject to subsection (7), the Registrar shall assign a qualification level 5 with respect to a teacher’s license (career and technical), if the Registrar is satisfied that, in addition to meeting the requirements for qualification levels 1 to 4, the applicant (a) has successfully completed an additional 30 credit hours of post-secondary study; and (b) holds a master’s degree granted by an accredited university. Qualification level 6 (7) The Registrar shall assign a qualification level 6 with respect to a teacher’s license (career and technical), if the Registrar is satisfied that, in addition to meeting the requirements for qualification levels 1 to 5, the applicant (a) has successfully completed an additional 30 credit hours of post-secondary study; and (b) holds a second master’s degree or a doctoral degree granted by an accredited university. Equivalent to post-secondary study (8) For the purpose of this section, the following are considered to be equivalent to and meet the requirement of 30 credit hours of post-secondary study: (a) an interprovincial standards (Red Seal) endorsement on an occupational certification referred to in clause 5.1(2)(c); (b) 300 hours of occupational training approved by the Minister. Registrar may recommend (9) For the purpose of clause (8)(b), the Registrar may recommend occupational training courses or programs for the approval of the Minister. (EC580/21; 889/24) c t Current to: October 12, 2024 Page 9 TEMPORARY PERMIT Section 6 Education Act Teacher Certification and Standards Regulations 5.3 New qualification level (1) On application by a teacher in the form required by the Registrar and payment of the fee set out in subsection 15(1), the Registrar shall assign a new qualification level in respect of a teacher’s license (career and technical), if the Registrar is satisfied that the teacher meets the requirements for the new qualification level set out in subsection 5.2(3), (4), (5), (6) or (7), as the case may be. Notice of refusal (2) Where the Registrar refuses to assign a new qualification level to a teacher’s license (career and technical) or assigns a qualification level other than the one requested by the teacher under subsection (1), the Registrar shall serve notice of and reasons for the refusal or alternate assignment, in writing, on the teacher by regular mail, which is deemed to be received by the teacher five days after the date on which it was sent. (EC580/21) TEMPORARY PERMIT 6. Application for temporary permit (1) A person who applies for a temporary permit in accordance with section 100 of the Act shall provide the following documents with the application: (a) a statement of the results of a criminal record check and a vulnerable person sector search made in respect of the applicant, dated not earlier than 3 months prior to the date of the application; (b) evidence satisfactory to the Registrar of the applicant’s identity; (c) evidence satisfactory to the Registrar that the applicant is entitled to work in Canada; (d) official transcripts from each post-secondary institution that the applicant has attended. Qualifications for temporary permit (2) To obtain a temporary permit, an applicant shall (a) have successfully completed 30 credit hours of post-secondary study in one or more teachable subject-areas; or (b) hold a valid interprovincial standards (Red Seal) endorsement in a trade related to a teachable subject-area. Restriction (3) The Registrar shall not issue a temporary permit to an applicant who, in the opinion of the Registrar, is qualified for a teacher’s license. Terms and conditions (4) The Registrar may impose terms and conditions on a temporary permit pursuant to subsection 100(4) of the Act, provided that, on issuing the temporary permit, the Registrar provides to the permit holder written reasons for the imposition of the terms and conditions. Refusal to issue (5) In addition to the grounds set out in subsection 100(7) of the Act and pursuant to clause 100(7)(i) of the Act, the Registrar may refuse to issue a temporary permit to an applicant if the applicant is not entitled to work in Canada. (EC534/16; 263/17; 168/22) Page 10 Current to: October 12, 2024 t c LANGUAGE PROFICIENCY Education Act Teacher Certification and Standards Regulations Section 7 LANGUAGE PROFICIENCY 7. English or French proficiency For the purposes of clauses 99(4)(b) and 100(7)(b) of the Act, an applicant’s language proficiency in English or French may be evaluated using the Language Competency Assessment for the Teaching Profession (LCATP) coordinated by Pathways to Teach Canada. (EC534/16; 889/24) APPEAL 8. Appeal of refusal, terms and conditions, qualification level (1) A person may commence an appeal under subsection 101(1) of the Act by sending a written notice of appeal and the appeal fee set out in subsection 15(1) to the Minister, not later than 15 business days after the service of a notice under subsection 99(5) or 100(8) of the Act or subsection 5(2) or 5.3(2) or the provision of written reasons under subsection 2(3), 4(1), 5.2(1) or 6(4). Information required (2) The person shall attach to the notice of appeal referred to in subsection (1) (a) a copy of any notice or written reasons received by the person, the teacher’s license or temporary permit issued to the person, if any, and any attachments; (b) a description of the basis of the appeal; and (c) a copy of any additional supporting documentation. (EC534/16; 580/21) 9. Appeal board (1) The Minister shall appoint an appeal board composed of the following persons to hear an appeal under section 101 of the Act: (a) a person who is a member in good standing of the Law Society of Prince Edward Island, who shall be the chairperson of the appeal board; (b) a teacher; (c) a person with experience or an interest in education. Appeal documents (2) The Minister shall provide to the appeal board a copy of the notice of appeal and any attached documents referred to in section 8. (EC534/16) 10. Powers of appeal board The appeal board has the power (a) to hear and determine the person’s appeal; (b) to administer oaths and affirmations; and (c) to summon and enforce the attendance of witnesses and to compel them to give oral or written evidence, and to produce documents. (EC534/16) c t Current to: October 12, 2024 Page 11 APPEAL Section 11 Education Act Teacher Certification and Standards Regulations 11. Appeal board determines own procedure (1) Except where otherwise provided in these regulations, the appeal board may determine its own procedure respecting the hearing. Opportunity to be heard (2) The appeal board shall give the appellant the opportunity to be heard and to be represented by counsel. Notice of hearing (3) The chairperson of the appeal board shall give notice to the appellant and the Registrar of the date, time and place of the hearing. Quorum (4) The three members of the appeal board constitute a quorum. Procedure (5) The decision of a majority of the members of the appeal board shall govern on questions of procedure, admissibility of evidence and other matters that arise during the hearing but, lacking a majority decision, the decision of the chairperson shall govern. (EC534/16) 12. Powers respecting refusal of Registrar (1) Where the hearing is in respect of the refusal of the Registrar to issue a teacher’s license or a temporary permit, the appeal board may (a) confirm the decision of the Registrar; or (b) order that the Registrar issue the teacher’s license or temporary permit, as the case may be, with terms and conditions specified by the appeal board or without terms and conditions. Powers respecting imposition of conditions (2) Where the hearing is in respect of the imposition of terms and conditions on a teacher’s license or a temporary permit, the appeal board may (a) confirm the decision of the Registrar; or (b) order that the Registrar remove or vary one or more of the terms and conditions imposed on the teacher’s license or temporary permit, as the case may be. Powers respecting qualification level (3) Where the hearing is in respect of the qualification level assigned in relation to a teacher’s license, the appeal board may (a) confirm the qualification level assigned by the Registrar; or (b) order that the Registrar assign the qualification level specified by the appeal board to the teacher’s license. (EC534/16) 13. Written reasons (1) The appeal board shall render its decision in writing within 30 days of the completion of the hearing, and shall provide copies of its decision to the appellant and the Registrar. Majority decision (2) A decision of the majority of members of the appeal board shall be the decision of the appeal board. Page 12 Current to: October 12, 2024 t c GENERAL Education Act Teacher Certification and Standards Regulations Section 14 Minority report (3) A member of the appeal board may submit a minority decision to the appellant and the Registrar. (EC534/16) GENERAL 14. Statement of professional standing On application by a teacher in the form required by the Registrar and payment of the fee set out in subsection 15(1), the Registrar shall issue a statement of professional standing to the teacher indicating the status of the teacher’s license at the time the statement is issued. (EC534/16) 15. Fees (1) The following fees are prescribed for the purposes of the Act and these regulations: Service or Document Fee 1. Application for teacher’s license (academic) $125 2. Application for teacher’s license (career and technical) $125 3. Application for new qualification level $50 4. Statement of professional standing $25 5. Appeal $200 Idem (2) The fees referred to in subsection (1) are payable to the Minister of Finance. (EC534/16; 111/20; 580/21; 889/24) 16. Revocation The School Act Teacher Certification and Standards Regulations (EC430/97) are revoked. (EC534/16) c t Current to: October 12, 2024 Page 13