BC Guide for Independent Schools
GROUP CLASSIFICATIONS AND REQUIREMENTS
This section includes:
Certificate of Group Classification
An independent school authority must apply to the Inspector of Independent Schools (the "Inspector") for a Certificate of Group Classification to operate an independent school in British Columbia (ISA, section 4).
An independent school cannot open or operate without its authority holding a valid Certificate of Group Classification for the school. It is an offence to operate a school without an Interim or Certificate of Group Classification issued by the Inspector (ISA, section 19 (3)).
There are four classifications - Group 1, 2, 3 or 4 independent schools. An independent school may hold no more than two group classifications (ISA, section 4 (7)):
- One classification may be issued with respect to schools that enroll students only in primary Grades (K-3), or intermediate (Grades 4-9), or only in the graduation program (Grades 10-12).
- If a school holds two group classifications, the grade level groupings holding the same classification must be sequential and adjoining.
- Two group classifications for one school are limited to Group 1 and 3 or Group 2 and 3 combinations.
- An independent school authority may operate two or more school facilities (campuses) in the same or adjacent school districts, if the Inspector is satisfied that the second or additional campuses belong to the same school and can and do function as such.
Term
The terms for the Certificate of Group Classification vary according to the group classification (Independent School Regulation, section 5) as follows:
- Certificates of Group Classification for Groups 1 and 2 are issued for up to six years.
- Certificates of Group Classification for Groups 3 and 4 are issued for up to two years.
The Inspector may cancel or suspend an independent school's Certificate of Group Classification if the school fails to maintain the standards and requirements for the certificate, or breaches a condition of the certificate, or fails to comply with the Independent School Act and its subordinate legislation or a requirement of the Inspector (ISA, section 4 (4) (c)).
Basic Requirements for all Independent Schools
All independent schools must fulfill the following legislative requirements:
- The independent school must be operated by an authority. The Independent School Act defines an authority to be a society under the Society Act, a corporation under the Business Corporations Act or a private Act, or by a person designated by regulation (ISA, section 1 (1)). If the authority is a society or a company, it must be in "good standing" with the Registrar of Companies and comply with relevant legislation (Inspector's Order 1/91, the Reports, Records and Data Submission Order, section 1).
- The independent school must offer an educational program for 10 or more school age students (see definition of "independent school" in ISA, section 1 (1), and see requirements for Group 1 and 2 schools in ISA, Schedule sections 2 (e) (i), and 2 (e) (ii)).
- The independent school must not offer programs that in theory or in practice will promote or foster doctrines of racial or ethnic superiority or persecution, religious intolerance or persecution, social change through violent action, or sedition (ISA, Schedule, section 1 (a)).
- The independent school facilities used must be in compliance with provincial law, as well as regional and/or municipal bylaws, codes and ordinances (ISA, Schedule, section 1 (b)).
- The independent school must be operated by an authority and be in compliance with the ISA and its subordinate legislation (ISA, Schedule, section 1 (c)).
- The independent school authority must provide the Inspector with reports and statements in the form and at the times required (ISA, section 6). This includes student permanent record cards and records (Student Records: Requirements and Best Practice Guidelines for Independent Schools
 (61KB PDF), and basic safety items as specified by the Inspector.
- The independent school authority must appoint a teacher as the independent school's principal responsible for the educational program, administration and supervision of the school (ISA, sections 1 and 8).
- The independent school authority must hold a valid Interim or Certificate of Group Classification for the independent school (ISA, sections 4 and 19).
- The authority must ensure that every person employed to work in the presence of children has signed an Authorization for a Criminal Records Search Form and that the form has been forwarded for processing (Criminal Records Review Act, sections 8, 9 and 10).
- The independent school authority must notify the Inspector upon closure of the school (ISA, section 6(b)).
Additional Requirements for Group 1, 2, 3 and 4 Independent Schools
Group 1 Independent Schools
- The independent school is operated by a non-profit authority "in good standing" with the Registrar of Companies (ISA, Schedule, section 2 (a), and Inspector's Order 1/91, the Reports, Records and Data Submission Order, section 1).
- At least 50 percent of the students enrolled in the school are "qualifying students" or "partially qualifying students" (ISA, Schedule, section 2 (b)).
- The authority has operated the independent school for at least the school year immediately before the date of application for a Group 1 classification status (ISA, Schedule, section 2 (c) (i)) or it is acquired in whole or in part from another authority (ISA, Schedule, section 2(c) (ii) and (iii)).
- The school's facilities are adequate for instructional purposes (ISA, Schedule, section 2 (d)).
- All teachers are certified either by the British Columbia College of Teachers or the Inspector of Independent Schools (ISA, Schedule, section 3 (1) (d)).
- The independent school's educational program must comply with the instructional time and program requirements determined by the Minister (ISA, Schedule 3 (1) (b)) and in Ministerial Order 41/91, the Educational Standards Order.
- Independent schools offering Grades 10, 11 and 12 must offer a program that meets provincial graduation requirements (Ministerial Order 41/91, the Educational Standards Order, section 5).
- The independent school must have an evaluation program that satisfies the Inspector and demonstrates student progress in achieving intellectual, human, social and career development (ISA, Schedule, section 3 (1) (c) (i) (iii)).
- The independent school must participate in provincial academic assessment programs (e.g. Foundation Skills Assessment tests in Grades 4 and 7) and Graduation Program Examinations in Grades 10, 11 and 12, where applicable (ISA, Schedule, section 3 (1) (c) (ii)).
- A Group 1 independent school's operational per student cost (as determined by the Minister) must be the same as, or less than, the operational per student grant amount of the local public school district in the district in which the independent school is located (ISA, Schedule, section 3 (1) (a)) and the government grant must not exceed the independent school's total operating costs (section 12 (4)).
- The independent school's principal is a British Columbia certified teacher (ISA, sections 1 and 8).
- The independent school will undergo a full external evaluation at least every six years and be inspected at least once every two years (ISA, Schedule, section 3 (2)).
Group 2 Independent Schools (in addition to basic and Group 1 requirements)
A Group 2 school must satisfy all the requirements for a Group 1 school, except the per-student operating cost requirement. If the school's per-student operating cost exceeds the per-student operating grant amount issued to the local public school district in which it is located, the independent school is classified as Group 2 (ISA, Schedule, section 4).
Group 3 Independent Schools (in addition to basic requirements)
- At least 50 percent of the students enrolled in the school are "qualifying students" or "partially qualifying students" (ISA, Schedule, section 5 (a)).
- The independent school will undergo an evaluation at least once every two years to satisfy the Inspector that the requirements for Group 3 classification are being met (ISA, Schedule, section 5 (b), Independent School Regulation 5 (b)).
Group 4 Independent Schools (in addition to basic requirements)
- The majority of the students enrolled in a Group 4 school are not qualifying or partially qualifying students. (Group 4 schools mainly provide services to Canadian students from outside British Columbia, or to international students.)
- The independent school's facilities are adequate for instructional purposes (ISA, Schedule, section 6 (f)).
- If the independent school's graduation program is not certified, then at least 80 percent of the independent school's teachers must be certified either by the British Columbia College of Teachers or by the Inspector of Independent Schools (ISA, Schedule, section 6 (d)).
- All of the independent school's teachers must be certified by either the British Columbia College of Teachers or by the Inspector of Independent Schools in order for the independent school to offer a certified graduation program (Grades 10-12) and for the independent school's grade 12 graduates to be eligible to receive British Columbia Certificate of Graduation (Dogwood Diploma) (ISA, section 11 (2)).
- The independent school's educational program must comply with the instructional time and program requirements determined by the Minister (ISA, Schedule 6 (a)).
- Independent schools offering Grades 10, 11 and 12 must offer a program that meets the provincial graduation requirements (Ministerial Order 41/91, the Educational Standards Order, section 5).
- The independent school must have an evaluation program that satisfies the Inspector and demonstrates student progress in achieving intellectual, human, social and career development (ISA, Schedule, section 6 (b) (i) (iii)).
- The independent school must participate in provincial academic assessment programs (e.g. Foundation Skills Assessments) and provincial academic examinations where applicable, e.g., Graduation Program Examinations (ISA, Schedule, section 6 (2)).
- The independent school's program, fees, accommodation, and policy pertaining to the refund of independent school fees or other costs must be consistent with any promotional literature or other informational material published or supplied by the independent school or its authority (ISA, Schedule, section 6 (g)).
- The independent school will undergo an external evaluation at least once every two years and a monitoring inspection on alternate years (ISA, Schedule, section 6 (e)).
Requirements for Group 4 Schools - Bonding
All Group 4 independent schools must be bonded (ISA schedule, section 6(c)). Independent school authorities of all Group 4 schools must post financial guarantees in accordance with the Bonding Act, equal to 75 percent of all fees collected from students for one of the periods of July through December, or January through June, whichever generated the most fees, of the previous school year. Group 4 schools must maintain valid bonds continuously while they are operating, and if they should close, two years beyond the date of closure.
All authorities of Group 4 schools must post a bond of not less than $100,000. Authorities applying for Group 4 classification for the first time must post the minimum bond of $100,000, or, if more than 20 students are enrolled in the first year, $5,000 per student. Section 8 of the Independent School Regulation requires that detailed information concerning the protection afforded by the bond must be included in the school calendar. Bond instruments must be deposited with the Inspector of Independent Schools.
The following bonding instruments may be used:
- short term deposits, not to exceed three years, issued by a savings institution and registered in the name of the minister;
- registered marketable bonds that are
- in fully registered form, issued or guaranteed by the government of Canada or the government of any province, with a maturity date of not longer than 3 years away, and
- accompanied by a duly executed, irrevocable power of attorney that authorizes the minister to realize the security;
- treasury bill notes issued by the Government of Canada or the government of any province;
- irrevocable letters of credit, issued by a savings institution, with a termination date beyond the required term of the security and containing a promise to pay the minister a specified sum on written demand;
- surety bonds, issued by a surety licensed under the Insurance Act.
Note: Instruments defined must be covered by a safekeeping agreement with a savings or financial institution.
Bonding Procedures
- The independent school authority forwards an audited statement to the Office of the Inspector of Independent Schools, by September 1 of the current school year, indicating the total amount of all fees collected for the period of July 1 through December 31, and the period of January 1 through June 30 of the previous school year.
- On the basis of the audited statement referred to above, the authority shall deposit, by September 1 of the current school year, a bond equal to 75 percent of the amount collected in the six months with the highest income.
- The authority determines, subject to the Bonding Act, the type of bonding instrument it wishes to use, and proceeds to post the bond no later than September 1.
- The Office of the Inspector of Independent Schools, with the Ministry of Finance, will assist in arranging for a safekeeping agreement with an appropriate financial institution.
- Upon completion of all requirements (including bonding), the Inspector of Independent Schools issues or extends the Certificate of Group 4 Classification.
Fees and Bonding Statement available on the Forms for Independent Schools page. |
