Alberta creates 'right to education during emergencies' and limits school closures to 3 days

The Alberta government has proposed amendments to the Education Act that underscore the importance of in-person learning and parental involvement in students' health decisions during emergencies. The changes aim to prioritize educational access and parental rights, especially in response to challenges faced during past public health emergencies.

If passed, most amendments will take effect January 1, 2025, with additional policies around at-home learning shifts to follow by September 1, 2025.

In-Person Learning as a Priority During Emergencies

The amendments emphasize that in-person learning is crucial for student well-being and academic success.

Under the updated Education Act, in-person learning would be prioritized during emergencies, with any shifts to at-home learning limited to three days unless an exemption is approved by the Minister of Education.

This regulation requires school boards to notify the ministry immediately of any temporary shifts to remote learning, ensuring transparency and oversight.

New Right to Education During Emergencies

The changes introduce a new “right to education” that ensures continued access to in-person learning even during public health or other emergencies. School boards would need explicit ministerial approval to extend remote learning beyond the three-day threshold, safeguarding consistent in-person learning opportunities.

Parental Consent for Non-Routine Health Measures

The amendments also establish new consent requirements for non-routine health measures.

For students under 16, school boards must obtain parental consent for health interventions introduced in response to emergencies, excluding standard practices like cleaning or personal hygiene. Students aged 16 and older can provide their own consent but their parents must be notified.

Policy Development and Transparency Requirements

By September 1, 2025, school boards will be required to publicly release policies on emergency shifts to at-home learning.

These policies must include options for accommodating students who cannot learn from home, clear criteria for deciding to move to at-home learning, and guidelines to ensure learning continuity. Alberta Education will work closely with school boards to support the creation of these policies, ensuring families are informed and have alternatives when in-person learning is temporarily unavailable.

Implementation Timeline

The proposed amendments, applicable to all public, separate, charter, francophone, and independent schools, are expected to take effect early in 2025, with full implementation of policy development around at-home learning shifts by the 2025-26 school year. 

Sheila Gunn Reid

Chief Reporter

Sheila Gunn Reid is the Alberta Bureau Chief for Rebel News and host of the weekly The Gunn Show with Sheila Gunn Reid. She's a mother of three, conservative activist, and the author of best-selling books including Stop Notley.