BC Guide for Independent SchoolsTeacher CertificationLegislative Framework and Related PoliciesAll teachers in Group 1 and 2 independent schools, as well as Group 4 schools offering the Graduation Program, must hold valid British Columbia teacher certification. Independent school authorities must ensure that teachers hold valid British Columbia teacher certificates before they begin teaching. When an authority ceases to meet the requirements for the classification of its independent school, including the necessary certification of teachers, that school's certificate of Group Classification may be suspended or cancelled, or grants may be reduced or discontinued (Independent School Act, sections 4 (4)). Under the Independent School Act, a teacher is considered "certified" when the teacher:
Section 5 of the Independent School Act gives the Inspector the authority to grant certification to an applicant, if the applicant meets the guidelines developed by, or upon the recommendation of the Minister of Education-appointed Independent School Teacher Certification Committee (ISTCC). The Federation of Independent School Associations provides names for nominees for the Minister's consideration. The ISTCC develops guidelines for independent school teacher certification in accordance with provincial legislation, regulations, and related orders and makes recommendations to the Inspector of Independent Schools concerning the issuance, suspension, or revocation of independent school teacher certificates. Guidelines are approved by the Inspector of Independent Schools who issues the Independent School Teacher Certificate, under the Independent School Act, to applicants meeting the guidelines or upon recommendation of the Committee. The guidelines do not bind the Inspector or the ISTCC in the exercise of their discretion, and they do not address all potential circumstances. The Inspector may also suspend or revoke for cause independent school teacher certificates upon the recommendation of the ISTCC. Appeal ProcessWhere the Inspector has refused to issue certification to an applicant or has suspended or revoked a teacher's certification, the individual may appeal within 60 (sixty) calendar days to the Minister whose decision is final (ISA, section 5 (4)). Criminal Record ChecksThe Inspector must ensure every individual who applies for or holds a teaching certificate or who is specified in a letter of permission under the Independent School Act undergoes a criminal record check and must inform these individuals of the requirements of the Act. The Inspector must obtain criminal record check authorizations prior to issuing certification or a letter of permission. Existing certification holders must provide a criminal record check authorization to the inspector before the date prescribed by regulation and at least once every 5 years. (please refer to CRIMINAL RECORD CHECK (CRC) PROCEDURES page in order to obtain a CRC authorization form). If a determination is made that an individual presents a risk and unless that determination is overturned, the Inspector must review the individual’s application for certification or the proposed letter of permission and take appropriate action. If an individual is charged with or convicted of a relevant offence subsequent to a criminal record check, the individual must provide the Inspector with a further criminal record check. If the Inspector becomes aware that a registered member has a subsequent relevant offence, the Inspector must require the individual to provide a further criminal record check. It is the responsibility of independent school authorities to ensure that all other employees working with children have completed a criminal record check under the Criminal Records Review Act. Under this statute, the authority must require only those who are employed to have a criminal record check. For student safety and risk management reasons, it is prudent for an authority to have criminal record checks completed for all regular volunteers even though it is not mandated by law. Contractors working in the building would require a criminal record check if they regularly come into contact with students, but do not require one if they are not in contact with students in the regular course of their work. For example, a contractor providing custodial services would need a criminal record check if he/she worked during times when students were in the school. The criminal record check requirement falls to the employer of the contractor. The independent school authority is responsible to ensure that a satisfactory criminal record check has been completed. Since 1997, membership in the British Columbia College of Teachers has included a criminal record check. |
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