Definitions
External party, as defined by the Education Act, means any person or organization other than:
- A board
- An employee of a board
- A student
- A student organization established under section 35.1 of the Education Act
- A staff liaison designated, or responsible adult appointed, under Section 35.1 of the Education Act
Learning and teaching resources, as defined by the Education Act, means any resource used in a school to engage in learning or teaching. This definition does not apply to resources created by a student, or accessed by a student independently, including through a school library.
- Learning resources are resources that are primarily designed for student use.
- Teaching resources are resources that are primarily designed for teacher use.
Parent refers to an individual as defined in the Education Act, S.A. 2012, c.E-0.3, as amended from time to time.
Responsibility
The principal is responsible to:
- Ensure that school staff adhere to this administrative regulation.
- Ensure that all learning and teaching resources used by staff and students are aligned with the Standards for the Selection of Learning and Teaching Resources.
- Ensure that all learning and teaching resources that include subject matter that deals primarily and explicitly with gender identity, sexual orientation or human sexuality have been approved by the Minister of Education and Childcare (the Minister).
- Provide notice to, and seek the written consent of, a parent of a student where courses, programs of study or instructional materials, or instruction or exercises, include subject matter that deals primarily and explicitly with gender identity, sexual orientation or human sexuality.
- Provide notice to a parent of a student where learning and/or teaching resources include subject matter that deals primarily and explicitly with religion, using the appropriate Division template.
- Develop a process to track and monitor adherence to parental notification and consent requirements, as outlined in Section E of this regulation.
- To support parental access to learning and teaching resources, upon request, the principal will work with parents who wish to view the resources used in their child’s classroom.
- Ensure adherence to the Division’s informal review process for a challenged resource.
- Prior to submitting a resource for provincial approval, ensure that the learning and teaching resources that deal primarily and explicitly with gender identity, sexual orientation or human sexuality meet the review criteria set out in the Provincial Resource Review Guide.
- Develop a process to support teachers in arranging alternate instruction or supervision for students whose parents have not provided consent, or who have partial consent, to participate in a course, program of study or instructional materials, or instruction or exercises, that include subject matter that deals primarily and explicitly with gender identity, sexual orientation or human sexuality.
The teacher is responsible to:
- Ensure resources used in instruction and assessment align with Sections A, C, D and E of this regulation.
- For subject matter that deals primarily and explicitly with gender identity, sexual orientation or human sexuality, select only from learning and teaching resources and external parties that have been approved by the Minister.
- Arrange alternate instruction or supervision for students whose parents have not provided consent, or who have partial consent, to participate in a course, program of study or instructional materials, or instruction or exercises, that include subject matter that deals primarily and explicitly with gender identity, sexual orientation or human sexuality.
Central Administration responsible for curriculum and learning supports will:
- Support principals in reviewing resources that include subject matter that deals primarily and explicitly with gender identity, sexual orientation or human sexuality prior to submission for Minister approval.
- Submit on behalf of all Division staff, learning and teaching resources dealing primarily and explicitly with gender identity, sexual orientation or human sexuality to receive Minister approval prior to classroom use.
- Facilitate the formal review process for a challenged resource.
Regulation
The requirements outlined in this regulation apply to all learning and teaching resources used in the Division, except for learning and teaching resources that deal primarily and explicitly with gender identity, sexual orientation or human sexuality, which must align with the specific requirements outlined in Section D.
- STANDARDS FOR THE SELECTION OF LEARNING AND TEACHING RESOURCES
- Learning and/or teaching resources will support the implementation of current provincial curriculum or approved locally developed course content, align with provincial legislation and Division policies and meet Division quality standards of:
- Accuracy.
- Suitability of organizational structures to effectively support learning.
- Suitability to students’ age, social and emotional development and learning needs.
- Suitability in fostering equality and respect with regard to ethnicity or culture; religious belief or non-belief; gender, gender identity, or gender expression; sexual orientation; family structure; physical ability; cognitive ability; mental health; social or economic factors; political or regional perspectives.
- Accuracy and respectful inclusion of ways of knowing and diverse perspectives, in historical and contemporary contexts, of First Nations, Métis and Inuit cultures.
- Accuracy and respectful inclusion of the diverse perspectives, in historical and contemporary contexts, of Francophones living in Alberta, Canada and the world.
- Accessibility and support for equitable and inclusive learning environments.
- Alignment with the goals and priorities of the Division.
- Principals will ensure all digital learning and/or teaching resources are accessible through a variety of devices and/or operating systems.
- CHALLENGED LEARNING AND/OR TEACHING RESOURCES
- The Division will follow a collaborative and supportive review process to address any concerns about a learning and/or teaching resource.
- Any parent of a Division-enrolled student, Alberta resident or Division staff member may challenge the use of a learning and/or teaching resource used in a Division school’s educational program.
- Use of the challenged learning and/or teaching resource may be restricted during the review process at the discretion of the principal.
- LEARNING AND TEACHING RESOURCES DEALING WITH RELIGION OR PATRIOTISM
- Where a teacher or other person providing religious instruction or exercises or a teacher providing patriotic instruction or exercises receives a written request signed by a parent of a student that the student be excluded from religious instruction or exercises or patriotic instruction or exercises, or both, the teacher or other person will, in accordance with the request of the parent, permit the student to:
- Leave the classroom or place where the instruction or exercises are taking place for the duration of the instruction or exercises.
- Remain in the classroom or place without taking part in the instruction or exercises.
- Notice will be provided to a parent of a student where courses, programs of study or instructional materials, or instruction or exercises, include subject matter that deals primarily and explicitly with religion.
- A parent may request in writing that their child be excluded from the instruction, course or program of study or use of instructional materials that include subject matter that deals primarily and explicitly with religion, the student will be permitted, without academic penalty, to:
- Leave the classroom or place where the instruction, course or program of study is taking place or the instructional materials are being used for the duration of the part of the instruction, course or program of study, or the use of the instructional materials, that includes the subject matter dealing primarily and explicitly with religion.
- Remain in the classroom or place without taking part in the instruction, course or program of study or using the instructional materials.
- Sections C.2 and C.3. of this administrative regulation do not apply to incidental or indirect references to religion or religious themes in a course, program of study, instruction or exercises or in the use of instructional materials. The teacher will ensure all learning and/or teaching resources are appropriate for the intended use.
- LEARNING AND TEACHING RESOURCES DEALING PRIMARILY AND EXPLICITLY WITH GENDER IDENTITY, SEXUAL ORIENTATION OR HUMAN SEXUALITY
- Learning and teaching resources that deal primarily and explicitly with gender identity, sexual orientation or human sexuality are not permitted to be used by the Division until approved by the Minister.
- If a provincially approved learning and teaching resource undergoes any modification or alterations after it has been approved, the Division or external party, as the case may be, must re-submit the updated learning and teaching resource for Ministerial approval prior to use with students.
- When an external party is using learning and teaching resources that deal primarily and explicitly with gender identity, sexual orientation or human sexuality, both the external party and the learning and teaching resources must be approved by the Minister.
- NOTICE AND CONSENT FOR GENDER IDENTITY, SEXUAL ORIENTATION AND HUMAN SEXUALITY INSTRUCTION
- To support provincial expectations related to parent notification and opt-in consent for gender identity, sexual orientation and human sexuality instruction schools will use the Division’s grade specific notification and consent form templates that support gender identity, sexual orientation and human sexuality instruction.
- Notice will be provided to the parent of a student at least 30 days before the start of a course, program of study or instruction, or the first use of instructional materials or an exercise, that includes subject matter that deals primarily and explicitly with gender identity, sexual orientation or human sexuality.
- In the case of a student registering after notification has been made to parents, notification will be provided to the parents of the new student as soon as possible. Written consent is still required prior to the student participating in the lesson(s).
- The written consent of a parent of a student where courses, programs of study or instructional materials, or instruction or exercises, include subject matter that deals primarily and explicitly with gender identity, sexual orientation or human sexuality must be obtained before the student is permitted to participate.
- Parent notification and signed consent forms must be retained for the entirety of the school year and maintained under Division retention processes.
- A student is not permitted to take part in a course, program of study or instruction, or use instructional materials or an exercise that deals primarily and explicitly with gender identity, sexual orientation or human sexuality, unless the parent of the student, before the start of the course, program of study, or before the first use of the instructional materials or exercise, is provided with:
- The Division’s grade specific notification letter, which contains sufficient detail to enable them to make an informed decision about whether to provide consent to the student.
- The Division’s consent form, providing the parent with the option to consent for their child to:
- Take part in all or part of a course or program of study or instruction.
- Use all or part of instructional materials or an exercise.
- Not participate in any part of a course or program of study or instruction.
- Where no consent has been provided, the teacher will arrange for an alternative learning activity in a supervised alternate learning space during the scheduled instructional time. No academic penalty will be incurred.
PROCESSES
- INFORMAL REVIEW OF A CHALLENGED RESOURCE
- The principal, receiving a request for the review of a specific learning and/or teaching resource, will first strive to resolve the issue informally as follows:
- The principal will gather information and review the identified concerns in relation to the challenged resource.
- The principal will contact the requester to gather information regarding the nature of the challenge within five teaching days of receiving the request. The principal will review with the requester:
- The content of Administrative Regulation GI.AR – Learning and Teaching Resources.
- The rationale for the selection of the specific resource and how the resource assists the students to demonstrate the expectations for the relevant course.
- The principal will strive to bring the challenge to a resolution.
- Regardless of the outcome, the principal will provide to the requester within ten teaching days of the initial contact:
- A summary of the discussion, including the outcome.
- A copy of Administrative Regulation GI.AR – Learning and Teaching Resources.
- A Request for a Formal Review of a Learning and/or Teaching Resource form.
- Should the requester seek to appeal the outcome, the requester may complete the Request for a Formal Review of a Learning and/or Teaching Resource form and submit it to the Central Administration responsible for curriculum and learning supports to initiate a formal review of a challenged resource. The formal review process may only be initiated after the informal review process has been completed.
- FORMAL REVIEW OF A CHALLENGED RESOURCE
- To initiate a formal review of a challenged resource, the requester will complete and sign the Request for a Formal Review of a Learning and/or Teaching Resource form, and submit this form to the Central Administration responsible for curriculum and learning supports.
- Upon receipt of the completed Request for a Formal Review of a Learning and/or Teaching Resource form, the Central Administration responsible for curriculum and learning supports will:
- Coordinate the formation of a formal review committee. The committee will include:
- One member of the school teaching staff.
- One parent or member of the school community.
- One student representative (when applicable, and at the discretion of the principal).
- One Central staff member with the appropriate expertise.
- Name the convener of the formal review committee.
- Set a meeting date within 30 teaching days after a Request for a Formal Review of a Learning and/or Teaching Resource form is received by the Central Administration responsible for curriculum and learning supports.
- The formal review committee will not include the:
- Requester of the formal review of the challenged resource.
- School principal.
- School staff member responsible for the selection of the resource under review.
- The formal review committee will proceed to:
- Invite the principal and requester to submit in writing information relevant to the challenged resource.
- Examine the challenged resource in reference to Administrative Regulation GI.AR – Learning and Teaching Resources.
- Gather further information relative to the challenged resource, as needed.
- Form opinions based on the resource as a whole rather than on words, passages or sections taken out-of-context.
- Determine whether the resource supports the course delivery.
- Prepare a written report to recommend or not recommend the continued use of the challenged resource at the school.
- Submit the written report to the Central Administration responsible for curriculum and learning supports.
- The formal review committee will complete all their review activities within 90 teaching days of the original submission date of the Request for a Formal Review of a Learning and/or Teaching Resource form.
- On behalf of the Superintendent, the written report will be submitted to the Central Administration responsible for curriculum and learning supports, within 100 teaching days of the original submission date of the Request for a Formal Review of a Learning and/or Teaching Resource form.
- The Central Administration responsible for curriculum and learning supports, on behalf of the Superintendent will determine the future use of the challenged resource, based on the committee’s report, and will communicate this decision in writing to the requester of the formal review of the challenged resource.
- The written report will be kept in accordance with Administrative Regulation CN.AR – Creation, Use and Maintenance of Division Information.
- The requester may rescind the completed Request for a Formal Review of a Learning and/or Teaching Resource form at any time by providing written notice to the Central Administration responsible for curriculum and learning supports.