Students AP 301: Admission of Foreign Students

Background

The Division supports the right of access to public education for children of parents who are temporary residents, or whose parents reside in a foreign country if the child has a right to access basic education in Alberta.  

In order to be eligible for fully funded public education in Alberta, non-resident children often have the right to access education if the parent or legal guardian is lawfully admitted to Canada, even on a temporary basis. Alberta Education considers the provision of instructional grants to school authorities on a case-by-case basis based on formal documentation provided by the parent or legal guardian.

Definitions

A legal guardian is defined as an individual, who upon application to the courts, has been designated as the child’s guardian under a written guardianship order or as set out in Alberta’s Family Law Act.

A temporary resident is defined as a person who has been issued a student study permit and registered in a provincially recognized education program, issued an employment authorization to work temporarily in Canada (temporary foreign worker), has filed a refugee claim, has been issued a temporary resident permit or has diplomatic status in Canada.  A temporary resident does not include tourists or parents in Canada for six months or less, or parents without a valid study or work visa.

Procedures

1. In order to determine whether or not the child is eligible to register in a Division school, the residence status of the parent, or legal guardian, shall be used.
2. In order to determine a child’s eligibility to access public education, the child must be, as of September 1 of each school year, 6 years of age or older and younger than 19 years of age, and be a child of an individual lawfully admitted for permanent or temporary residence in Alberta or Canada.
3. In order to determine if a child is eligible for access to Kindergarten, the child must be 4-6 years of age on or before March 1 prior to the next school year.
4. In order to determine a child’s eligibility for early childhood services, the child must be formally assessed with a severe disability/delay, mild to moderate disability/delay, or as gifted and talented, must be younger than 6 years of age as of September 1 of each school year, meet special education criteria, and is a child of an individual lawfully admitted for permanent or temporary residence in Alberta or Canada.
5. If the child is a stepchild, adopted, or of a common-law partner, and the legal guardian is lawfully admitted, the child shall have a right to access education.
6. When determining eligibility, the Principal, or designate, shall request a copy of the parent and child's passports and the parent’s valid work or study permit.  If the parent has applied for permanent residence with Citizenship and Immigration Canada, a copy of that application can also be requested to support eligibility to access an education program.
7. Exchange students attending our schools on an approved reciprocal student exchange program shall be exempt from this Administrative Procedure.
8. If the child does not have the right to access public education in Alberta, the Division may charge an annual tuition fee to the parent to enroll their child in school.
9. The Board determines the student tuition fee on an annual and cost-recovery basis.
10. Foreign student tuition fees are to be paid to the Student Services office. Fees can be paid in a lump sum or by semester. All fees must be paid prior to admission to any Division school. Such fees will be forwarded to the Associate Superintendent, Business and Finance for crediting to the facility of attendance.  
11. Tuition fees may be refunded if the student is denied admission to a Division school, or is unable to obtain a study permit prior to September 30th.  There will be no refunds issued for late arrivals.  Once students commence study in the Division, no refunds will be issued for that term or course.