Special Education Services: A Manual of Policies, Procedures and Guidelines


H.10 Relevant Governing Legislation: School Act - Ministerial Orders

H.10.1 Special Needs Students Order

(Refer to original source for full wording)

Interpretation
1. In this order "student with special needs" means a student who has a disability of an intellectual, physical, sensory, emotional or behavioural nature, has a learning disability or has special gifts or talents. [en. M397/95]

Students with special needs
2. (1) A board must ensure that an principal, vice principal or director of instruction offers to consult with a parent of a student with special needs regarding the placement of that student in an educational program.
(2) A board must provide a student with special needs with an educational program in a classroom where that student is integrated with other students who do not have special needs, unless the educational needs of the student with special needs or other students indicate that the educational program for the student with special needs should be provided otherwise. [en. M397/95; am. M32/04].


H.10.2 Individual Education Plan Order

(Refer to original source for full wording)

Interpretation
1. In this order, "educational program guide" means a document specified as an educational program guide in Ministerial Order 333/99, the Educational Program Guide Order; "IEP" means an individual education plan designed for a student and includes one or more of the following:
(a) learning outcomes for a course, subject and grade that are different from or in addition to the expected learning outcomes for a course, or subject and grade set out in the applicable educational program guide for that course, subject and grade, as the case may be;
(b) a list of support services required for the student to achieve the learning outcomes established for the student;
(c) a list of the adapted materials, or instructional or assessment methods required by the student to meet the learning outcomes established for the student in the IEP, pursuant to a ministerial order or in a local program,
"student with special needs" means a student with special needs, as defined in Ministerial Order 150/89, the Special Needs Students Order

IEP for students with special needs
2. (1) A board must ensure that an IEP is designed for a student with special needs, as soon as practical after the student is so identified by the board.
(2) Subsection (1) does not apply where
(a) the student with special needs requires no adaptation or only minor adaptations to educational materials, or instructional or assessment methods,
(b) the expected learning outcomes established by the applicable educational program guide have not been modified for the student with special needs, and
(c) the student with special needs requires in a school year, 25 hours or less remedial instruction, by a person other than the classroom teacher, in order for the student to meet the expected learning outcomes referred to in paragraph (b).
(3) REPEALED. [M319/96] 3.

Review and consultation
4. Where a board is required to provide an IEP for a student under this order, the board
(a) must ensure that the IEP is reviewed at least once each school year following the year the IEP is developed and, where necessary, it is revised, or cancelled, and
(b) must offer a parent of the student, and where appropriate, the student the opportunity to be consulted about the preparation of an IEP.

Implementation of an IEP
5. Where a board is required to provide an IEP for a student under this order, the board must offer each student learning activities in accordance with the IEP designed for that student.


H.10.3 Student Progress Report Order

(Refer to original source for full wording)

Interpretation
1. (1) This order applies to the 3 formal written student progress reports required under sections 4 (2) (a) and 5 (9) (a) of B.C. Reg. 265/89, the School Regulation.
(2) In this order "curriculum" means
(a) the applicable educational program guide set out in Ministerial Order 333/99, the Educational Program Guide Order, or
(b) a local program developed and offered by a school board under section 85(2)(i) of the School Act or a francophone education authority under section 166.4 of the School Act; or
(c) a Board Authorized Course authorized under Ministerial Order 285/04, the Board Authorized Course Order. [am. M19/00, am 321/04]

Kindergarten to grade 3 reports
2. (1) Student progress reports for students in kindergarten through grade 3 must be in writing and must, in relation to expected learning outcomes set out in the curriculum, describe
(a) what the student is able to do,
(b) the areas in which the student requires further attention or development, and
(c) ways of supporting the student in his or her learning.
(2) In conjunction with the student progress reports required under subsection (1), parents of a student in kindergarten through grade 3 must be provided with oral or written comments on the student's school progress with reference to the expected development for students in a similar age range.

Grades 4 to 7 reports
3. Student progress reports for students in grades 4 through 7 must, in relation to expected learning outcomes set out in the curriculum, contain
(a) letter grades, unless the board provides the letter grades to parents in a different manner, and (b) written comments describing
(i) what the student is able to do, (ii) the areas in which the student requires further attention or development, and (iii) ways of supporting the student in his or her learning.

Grades 8 to 12 reports
4. (1) Student progress reports for students in grades 8 through 12 must, in relation to expected learning outcomes set out in the curriculum, contain
(a) letter grades, and
(b) where appropriate, written comments describing
(i) what the student is able to do, (ii) the areas in which the student requires further attention or development, or (iii) ways of supporting the student in his or her learning.
(2) Student progress reports for students to whom Ministerial Order 205/95, the Graduation
Requirements Order or Ministerial Order 302/04, the Graduation Program Order , applies must, in addition to the information required under subsection (1), contain the credits assigned toward meeting the general requirements for graduation as set out in these orders.
(3) In addition to providing the student progress reports under subsection (1), the board must ensure that, for students in grades 9 through 12, each student's most recent Student Learning Plan, as required under the curriculum, is made available to the student's parent.

Letter grades
5. For the purposes of sections 3 and 4, the letter grades to be used and the requirements to be followed in assigning letter grades are those set out in Ministerial Order 192/94, the Provincial Letter Grades Order.

Application of sections 2 to 4
6. (1) In this section,
"IEP" means an IEP as defined in Ministerial Order 638/95, the Individual Education Plan Order,
"ESL student" means a student who is receiving English as a second language services,
"Student with special needs" means a student with special needs as defined in Ministerial Order 150/89, the Special Needs Students Order.
(2) sections 2 to 4 do not apply to student progress reports described in subsections (3) or (4).
(3) Unless a student with special needs is able to demonstrate his or her learning in relation to the expected learning outcomes set out in the curriculum for the course or subject and grade, a student progress report for that student must contain written comments describing (a) what the student is able to do, (b) the areas in which the student requires further attention or development, and (c) ways of supporting the student in his or her learning in relation to the expected learning outcomes set out in that student's IEP.
(4) Until an ESL student is able to demonstrate his or her learning in relation to expected learning outcomes set out in the curriculum for the course or subject and grade, a student progress report for that student must contain written comments describing (a) what the student is able to do, (b) the areas in which the student requires further attention or development, and (c) ways of supporting the student in his or her learning.
(5) Student progress reports referred to in sub-section (3) must contain
(a) a statement that the progress of the student is in relation to the expected learning outcomes for that student in his or her IEP and is not in relation to the expected learning outcomes set out in the curriculum for the course or subject and grade, and
(b) where appropriate, written comments describing (i) ways to enable the student to demonstrate his or her learning in relation to expected learning outcomes set out in the curriculum for the course or subject and grade, and (ii) the time period required to enable the student to demonstrate his or her learning under subparagraph (i).
(6) A letter grade may only be assigned for a student with special needs or for an ESL student where that student is able to demonstrate his or her learning in relation to the expected learning outcomes set out in the curriculum for the course or subject and grade.

Requirements for all written student progress reports
7. Written student progress reports for students in kindergarten through grade 12 must contain
(a) the school's name, address and telephone number,
(b) the student's name,
(c) a definition of all letter grades used in the report,
(d) the number of days that the student was absent during the reporting period,
(e) the number of days that the student was late during the reporting period,
(f) a description of the student's progress as required by sections 2, 3, 4 and 6, as the case may be,
(g) a description of the student's behaviour, including information on attitudes,
work habits and effort,
(h) the name of the teacher involved in preparing the report, and the signature of the principal, vice principal or director of instruction,
(i) a place for the signature of the parent acknowledging receipt of the report,
(j) a statement that the report is on a form ordered by the minister or on a form approved by the board, and
(k) any other information that the teacher or principal, vice principal or director of instruction consider relevant.

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