Alberta looks to stop school boards from removing or disqualifying trustees

Alberta plans to make key changes that would remove the ability for school boards to disqualify or remove a trustee.

Under Bill 51 — the Education Amendment Act 2025 — the proposed changes would make it so a school board trustee who is found in breach of a school board code of conduct can only be removed through a recall petition process. School boards would still be able to sanction trustees by removing them from meeting or voting privileges as per their respective codes of conduct.

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Education Minister Demetrios Nicolaides said the changes made would align with Bill 51, which would eliminate the municipal codes of conduct. He said this would ensure electors would have a say in whether an elected trustee receives the boot.

“I think the most important thing here is that we make these changes to strengthen that democratic principle and democratic accountability,” Nicolaides said at a Tuesday press conference.

“There can be different parameters, of course, at different schools with different school divisions and different school boards. However, we want to make sure that at the end of the day, voters have the final choice as to who they’re able to select as their trustee.”

No consultation

Officials said stakeholders have expressed concerns regarding a school board’s ability to disqualify a trustee in breach of the codes of conduct. They said it was in relation to the Red Deer Catholic School Board, which sanctioned a trustee in September 2023 for breaching the board’s code of conduct and disqualified the trustee in November 2023.

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The province said there was no consultation on the matter.

The recall petition must be signed by at least 40 per cent of electors in the ward, Nicolaides said, noting details are still being ironed out.

The changes are set to come into effect for the next general election on Oct. 20, 2025. According to the province, any ongoing, existing or future proceedings regarding a trustee’s disqualifications until October 2025 will still abide by the current legislation.

Alberta NDP education critic Amanda Chapman said she is unconvinced that the issue is a “widespread problem,” pointing to Nicolaides, who said on Tuesday he received several emails from Albertans on the topic.

“What they’re doing is ensuring that under no circumstances and with no kind of violation could a trustee ever be removed from office,” Chapman said.

Teacher disciplinary changes, other amendments

Proposed legislation in the bill would also make amendments to eliminate requirements for administrators to submit both a report and a complaint, enable administrators to be notified about ongoing complaints when a teacher or teacher leader is employed by a different school authority, and clarify that the chair of the hearing committee may apply for an order of compliance when necessary.

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Under Bill 51, a $250 fee for a complainant seeking to appeal the Alberta Teaching Profession Commissioner’s (ATPC) decision. According to the province, one-third of complainants’ appeals brought to the ATPC do not move beyond the initial stage. Fees could be waived if the appeal is successful.

Legislation would also allow displaced Jasper residents to both vote and be nominated in the upcoming 2025 municipal election for Jasper.

Additional amendments would also support Alberta Infrastructure’s plan to expand its application of Real Property Governance, enabling it to own new kindergarten and Grade 12 schools and lease them back to school boards.

Proposed changes also seek to change “private schools” to “independent schools,” but the definition will remain the same.

School boards to automatically be exempt from some JUPA

The proposed legislation also seeks to make changes to the joint use and planning agreements, which would automatically exempt school boards from entering into agreements with municipalities that are exempt under municipal affairs legislation.

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Nicolaides pointed to challenges such as competing interests for municipal and school board infrastructure as one of the reasons for the change.

“We don’t want to create a circumstance where a school board is required by law to enter into a joint use planning agreement when the municipality is not,” Nicolaides said.

Regulation would also give the education minister authority to have similar regulatory powers as the municipal affairs minister, allowing them to set criteria, exemptions and requirements for joint use agreements.

The deadline for school boards and municipalities to enter into an agreement has been extended by one year from June 10, 2025, to June 10, 2026. 

ctran@postmedia.com

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