Edmonton public school board votes to review enrolment rules for children with lapsed immigration status

Explainer

The Edmonton Public School Board voted 5-2 on Tuesday to review its enrolment requirements to see if they align with the United Nations Convention on the Rights of the Child, which makes education free to all. The motion, proposed by trustee Sarah Doll, directs a board subcommittee to examine policies and recommend changes. The review comes amid reports that school administrators have been checking immigration status and telling some families their children cannot register. The board does not track how many children have been turned away due to their immigration status.

Advocates and teacher representatives told the board that children are being denied access to school because their or their parents' immigration status has lapsed. "I run the range of sadness on this one all the way to anger. I think our members are the same way. Not having those kids in our class, it's a bigger societal issue," said Heather Quinn, president of Edmonton Public Teachers Local 37. Quinn added that not having those children in class creates a learning gap they may never make up. The board's chair, Saadiq Sumar, said he does not know how long the review will take.

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What does provincial law currently require?

The province's Education Act and funding manual state that a student's ability to receive a publicly funded education hinges on the immigration status of the student and their parents. Education and Childcare Minister Demetrios Nicolaides said he stands by the legislation. "I firmly believe in the Education Act as is written, and believe that you must have valid and legal immigration status in order to receive education," he said last month. Base international tuition for students who do not meet the residency definition is $13,500 per year in Edmonton and Calgary public schools. In response to questions sent to 10 urban school divisions last month, those divisions collectively tallied at least 38 temporary resident students whose education costs were previously covered by the province but who are now paying international fees while their status is in limbo. The province will fund a student's education if a family can show proof it applied to extend its temporary residency within 90 days of it expiring. However, federal Immigration, Refugees and Citizenship Canada data shows processing times can be long, with more than 26,000 people waiting for a ruling on study permit extensions.

How does this conflict with international agreements?

The United Nations Convention on the Rights of the Child, which Canada ratified in 1991 and Alberta endorsed in 1999, states that public education must be free and compulsory for all children. However, the provincial government passed a law last year saying Alberta would ignore international agreements Canada had signed as they apply to areas of provincial jurisdiction, such as education, unless the province passes legislation adopting the agreement. Asked if the current government endorses the UN convention, a spokesperson for the Ministry of Children and Family Services said Alberta law, programs and policies "support the spirit" of it. An August policy brief from the John Humphrey Centre for Peace and Human Rights suggests Alberta's law is out of sync with other large Canadian provinces. Ontario's Education Act prevents schools from denying enrolment due to immigration status. Quebec created an exemption in 2013 allowing non-resident students to access free public education. British Columbia law defines a resident student based on where a child ordinarily resides. The brief says there are costs and risks associated with denying temporary resident students an education, including the chance of a legal challenge arguing the law violates the Charter of Rights and Freedoms.

What are the experiences of affected families?

Ariana Zapata Zoe Hernandez, 14, said her two younger siblings, aged seven and nine, are not enrolled in school because the family's refugee status expired in 2022. Although her family is in Canada legally, they did not have the required immigration documents to enrol the younger children. Volunteers tutor the children as a stopgap measure. "The parents were the ones who made the decision to come to another country, and the kids had no choice in that," Hernandez said. "I don't think the kids should be punished because of their parents' decisions. My parents didn't feel safe in their home country, so going back isn't an option."

Rhiannon Rutherford, a volunteer with the Alberta Workers Association for Research and Education, which runs the "Education4All" campaign, said she believes the provincial government's reticence to reconsider the law is unsurprising ahead of an Oct. 19 referendum. The referendum includes questions around immigration and government funding for a child's access to school without approved immigration status. Rutherford worries immigrants are being unfairly focused on as Alberta faces pressures in health, education and social services. Board chair Saadiq Sumar said the board is not speculating on what a yes vote means for the review. "If the referendum questions do pass, we'll work with government to figure out how that will impact our school division," he said.

What has the federal government said?

The federal government has provided conflicting statements about children's right to an education. The Immigration, Refugees and Citizenship Canada website says children must have a valid study permit or visitor record to be in Canada. However, in response to a question about Alberta's stance, IRCC spokesperson Jeffrey MacDonald said "children whose immigration status has lapsed are legally protected and cannot be denied access to public primary or secondary education." When asked specifically about Alberta children not attending school, Taous Ait, press secretary for federal Immigration Minister Lena Metlege Diab, said provinces and territories are responsible for deciding who is eligible to enrol in school, including funding questions. The Edmonton Public School Board wrote to Minister Nicolaides in May 2025 asking his government to change the Education Act to allow funding to flow to students with expired immigration status. The board's review of its own enrolment policies will proceed following Tuesday's vote.

With files from CityNews and CBC News