Edmonton public school board votes to review enrolment rules for children with lapsed immigration status
The board voted 5-2 to examine if its policies align with the UN Convention on the Rights of the Child.
Explainer
Edmonton Public School Board trustees voted 5-2 on Tuesday to review enrolment requirements to see if they fit with the United Nations convention on the rights of the child, which makes education free to all.
Advocates and teacher representatives told the board that school administrators are checking immigration status and telling students who have been denied.
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"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, Edmonton Public Teachers Local 37 President.
Trustee Sarah Doll, who brought forward the motion, said the review will examine policies for children who may not meet the definition of a resident student under provincial law.
"We know that there are kids who live in Edmonton who may not meet the definition of a resident student, according to provincial law, the Education Act, and who cannot attend school right now," Doll said in an interview last week.
Why are some children being denied enrolment?
Publicly funded Alberta school staff have told some families they cannot register their children because the child or the parents’ immigration status lapsed.
School division spokespeople pointed to the province’s Education Act and funding manual, which say a student’s ability to receive a funded education hinges on the immigration status of the student and their parents.
Base international tuition in Edmonton and Calgary public schools is $13,500 per year for those who do not qualify for provincial funding.
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 who are now paying international tuition fees while their status is in limbo.
Edmonton Public Schools does not track how many children were turned away because of their immigration status.
What does the provincial government say?
Education and Childcare Minister Demetrios Nicolaides said he stands by the legislation, which defines who qualifies as a “resident” student entitled to free public education.
"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.
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 on the Rights of the Child, a spokesperson for the Ministry of Children and Family Services said Alberta law, programs and policies “support the spirit” of the convention.
The provincial government 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.
How does this compare to other provinces?
An August policy brief suggests Alberta’s law is out of sync with other large Canadian provinces.
Ontario’s Education Act prevents schools from denying a child’s enrolment due to the family’s 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 policy brief from the John Humphrey Centre for Peace and Human Rights 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 happens next?
Trustee Saadiq Sumar said he does not know how long the review will take.
The expected review comes as Alberta is two weeks away from a referendum with several questions around immigration and government funding a child’s access to school who doesn’t have approved immigration status.
"If the referendum questions do pass, we’ll work with government to figure out how that will impact our school division as some questions are non-binding referendum questions," Sumar said.
In May, the Edmonton Public School Board wrote to Minister Nicolaides asking his government to change the Education Act to allow funding to flow to students with expired immigration status.
With files from CityNews and CBC News