HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:

1 Section 1 (1) of the School Act, R.S.B.C. 1996, c. 412, is amended

(a) by repealing the definition of "day of instruction", and

(b) by adding the following definition:

"standard educational program" means an educational program described in section 82 (1) and (2.1), including

(a) an educational program provided in a language other than English under section 5 (2) or (3), and

(b) an educational program provided according to the terms of an individual education plan; .

2 Section 3.1 is repealed and the following substituted:

Enrollment — distributed learning

3.1  (1) A student who is enrolled in an educational program provided by a board or a francophone student who is enrolled in a francophone educational program provided by a francophone education authority may, subject to section 2 (2), enroll in one or more

(a) educational programs offered by another board or by an authority under the Independent School Act, or

(b) francophone educational programs offered by another francophone education authority

if at least one of the educational programs or francophone educational programs, as applicable, is delivered, in whole or in part, through distributed learning.

(2) Despite subsection (1), a student does not acquire a right under this section to enroll with a francophone education authority if the student is not otherwise entitled or permitted under this Act to enroll with a francophone education authority.

3 Section 77 is amended by adding the following subsection:

(3) This section is repealed on June 30, 2013.

4 Section 78 is amended

(a) by repealing subsections (1) and (2),

(b) in subsections (3) and (3.1) by adding "of the Lieutenant Governor in Council" after "in accordance with the regulations", and

(c) by adding the following subsection:

(6) This section is repealed on June 30, 2013.

5 Section 82.1 (1) is repealed and the following substituted:

(1) In this section, "specialty academy" means an educational program that emphasizes a particular sport, activity or subject area and meets the prescribed criteria set out in the regulations.

6 The following section is added:

International Baccalaureate

82.31  (1) In this section and section 178, "International Baccalaureate program" means an educational program based on a curriculum developed and standards set by the International Baccalaureate Organization, an extraprovincial society registered under the Society Act.

(2) A board that offers an International Baccalaureate program must

(a) make available sufficient instruction for students enrolled in the International Baccalaureate program to meet the general requirements for graduation, and

(b) continue to offer a standard educational program in the school district.

(3) Despite section 82, but subject to section 82.4, a board may charge a student enrolled in an International Baccalaureate program fees relating to the direct costs incurred by the board in providing the International Baccalaureate program that are in addition to the costs of providing a standard educational program.

(4) If a board that offers an International Baccalaureate program charges fees under subsection (3), the board must, on or before July 1 of each school year,

(a) establish a schedule of fees to be charged under subsection (3), and

(b) make the schedule of fees available to the public.

7 Section 82.4 is amended by striking out "and 82.3" and substituting ", 82.3 and 82.31 (3)".

8 The following Division is added to Part 6:

Division 2.1 — School Calendars

School calendar

87.01  (1) In this section, "school calendar year" means either of the following:

(a) the school year;

(b) subject to subsection (4), a period of 12 consecutive months covered by a school calendar, if the school calendar is not based on the school year.

(2) A board must, in accordance with the regulations of the minister, prepare a school calendar for each school in its school district for each school calendar year.

(3) A school calendar prepared by a board under subsection (2)

(a) need not be based on the school year but, subject to subsection (4), must cover a period of 12 consecutive months,

(b) must set out all of the information prescribed by the minister,

(c) may include variations for one or more groups of students in a school, and

(d) may include any other information that the board considers necessary.

(4) A school calendar must cover a period of more than 12 consecutive months if necessary to ensure that it applies immediately on the expiration of the previous school calendar.

(5) A board must submit to the minister a school calendar prepared under subsection (2) at least 3 months before the expiration of the current school calendar unless the board has made available to the public a school calendar under subsection (9) for the next school calendar year.

(6) A board may, at the same time, submit to the minister up to 3 school calendars prepared under subsection (2) for each of up to 3 consecutive school calendar years.

(7) Before submitting a school calendar or school calendars, as applicable, under subsection (5) or (6), the board must, in accordance with the regulations of the minister, consult with parents of the students enrolled in the school and representatives of employees of the board assigned to the school.

(8) If, in the opinion of the minister, a school calendar or school calendars, as applicable, submitted by a board under subsection (5) or (6) do not comply with the regulations of the minister, the minister

(a) may amend the school calendar or school calendars, as applicable, within 30 days of receiving the school calendar or school calendars, as applicable, under subsection (5) or (6), and

(b) must notify the board of any amendments made under paragraph (a) as soon as practicable.

(9) Subject to subsection (10), a board must, at least one month before the expiration of the current school calendar, make available to the public the school calendar or school calendars, as applicable, submitted to the minister under subsection (5) or (6).

(10) If the minister amends a school calendar under subsection (8), a board must, at least one month before the expiration of the current school calendar, make available to the public the school calendar amended under that subsection.

(11) Subsections (9) and (10) do not apply to a board if the board has previously made available to the public a school calendar under subsection (9) for the next school calendar year.

School calendar — amendment

87.02  (1) A board may, in accordance with the regulations of the minister, amend a school calendar made available to the public by the board under section 87.01 (9) or (10) if, in the opinion of the board, an amendment is necessary.

(2) A school calendar amended under subsection (1) must comply with section 87.01 (3) and the regulations of the minister.

(3) The board must, as soon as practicable and, in any event, within 30 days of amending a school calendar under subsection (1), make available to the public the amended school calendar.

Requirement to comply with school calendar

87.03  A board must operate each school in its district in accordance with the following:

(a) the applicable school calendar made available to the public under section 87.01 (9) or (10);

(b) if the board amended the school calendar under section 87.02, the amended school calendar made available to the public under section 87.02 (3).

9 Section 166.4 is amended by adding the following subsection:

(2.1) Division 2.1 of Part 6 applies for the purposes of this Part.

10 The following section is added:

School calendars

166.451 Section 168.02 applies for the purposes of this Part.

11 The following sections are added:

Reimbursement of expenses for
designated educational activities

166.452 Section 168.1 applies for the purposes of this Part.

Annual practice fee

166.453 Section 168.2 applies for the purposes of this Part.

12 Section 168 (2) (m) is repealed.

13 The following section is added:

Minister's regulations — school calendars

168.02 (1) The minister may make regulations respecting school calendars for the purposes of Division 2.1 of Part 6, including, without limitation, regulations as follows:

(a) respecting the preparation of a school calendar;

(b) respecting the form of a school calendar;

(c) establishing procedures, including respecting the preparation or amendment of a school calendar and respecting consultation for the purposes of section 87.01 (7);

(d) prescribing information required to be set out in a school calendar;

(e) prescribing the minimum number of hours of instruction that a board must offer to students enrolled in the schools in its school district, including prescribing that there is no minimum number of hours of instruction for prescribed classes of students, schools or educational programs;

(f) prescribing the minimum number of hours that the principal, vice principals, directors of instruction and teachers of a distributed learning school, or of an educational program delivered through distributed learning, must be available for instruction;

(g) varying the times referred to in Division 2.1 of Part 6;

(h) designating one or more non-instructional days or non-instructional periods, if any, scheduled by a board to be used for a specific purpose.

(2) In making a regulation under subsection (1), the minister may make different regulations for

(a) different classes of persons or different circumstances, places, things, grades of students and groups of students in a school, or

(b) students enrolled in a distributed learning school and students enrolled in an educational program, any part of which is delivered by means of distributed learning.

14 Section 175 is amended

(a) by repealing subsections (2) (b) and (3),

(b) in subsection (2) (q) by adding ", except in relation to school calendars" after "a requirement of the regulations", and

(c) in subsection (2) by adding the following paragraph:

(u) deeming that a board that has scheduled for a school in its district a number of hours of instruction for a day has provided the scheduled number of hours of instruction for that day and has complied with section 87.03 for that day if

(i) the school is closed as a result of a strike or lockout in respect of some or all of the employees of the board assigned to the school, or

(ii) the school is closed by the board under section 73 (1) or 90 (2).

15 Section 175 (2) is amended by adding the following paragraph:

(t) prescribing what may and what may not be considered to be direct costs for the purposes of section 82.1 (4) or 82.31 (3).

16 The following Division is added to Part 9:

Division 7 — Validation of Fees

Validation of fees — International Baccalaureate program

178  (1) Despite section 82 and despite any decision of a court to the contrary made before or after the coming into force of this section or section 82.31, the fees set and charged by a board, from July 1, 2002 to the date this section comes into force, in relation to an International Baccalaureate program that would have been validly set and charged had the board set and charged those fees in accordance with section 82.31 (3) are conclusively deemed to have been validly set and charged, and all fees collected by the board are conclusively deemed to have been validly collected.

(2) This section is retroactive to the extent necessary to give full force and effect to its provisions and must not be construed as lacking retroactive effect in relation to any matter because it makes no specific reference to that matter.

Transitional Provision

Transition — school calendars

17  (1) Division 2.1 of Part 6 and any regulation made under section 168.02 do not apply to any school year before the 2013/2014 school year.

(2) Sections 77 and 78 (3) to (5), any ministerial order made under section 168 (2) (m) and any regulation made under section 175 (2) (b) do not apply to any school year after the 2012/2013 school year or to the making or adoption of a school calendar for any school year after the 2012/2013 school year.

(3) The School Calendar Regulation, B.C. Reg. 114/2002, and any other regulation made under section 175 (2) (b) are repealed on June 30, 2013.

Commencement

18  The provisions of this Act referred to in column 1 of the following table come into force as set out in column 2 of the table: