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Board Policies and Administrative Procedures

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521: Independent Student Status

Responsible Administrator: Deputy Superintendent, Education Services


PURPOSE

The purpose of this Administrative Procedure is to clearly identify an independent student and to set out the processes for establishing independent student status within Sturgeon Public School Division.

PROCESS

The Deputy Superintendent, Education Services is responsible to administer in a reasonable manner this Administrative Procedure.

DEFINITIONS

Independent Student means a student who is:

a.  18 years of age or older, or

b.  16 years of age or older and

i)  who is living independently as determined by the Board in accordance with section 6 of the Education Act, or

ii)  is party to an agreement under section 57.2 of the Child, Youth and Family Enhancement Act and is entitled to exercise all the rights and powers, receive all the benefits, and is subject to all the obligations that a student's parent/guardian is entitled to exercise, receive, or is subject to, and the student’s parent/guardian shall not exercise those rights, receive those benefits, or be subject to those obligations.

Parent/Guardian means a parent/guardian as defined by section 1(2) of the Education Act.

Student means a person who is enrolled in a school or required by the Education Act to attend school but does not include a child younger than (6) years of age who is enrolled in an early childhood services program.

PROCEDURE

1.  A student who is 18 years of age or older is, by statute, an independent student, can request that
all communication no longer be provided to their parent/guardian.

2.  Any student who is between 16 and 18 years of age may request to be considered an independent
student.

3.  The student shall submit a written request to the Principal.

4.  To determine independent status, the Principal shall consider the following criteria:

a.  The circumstances of the request (residence, relationship with parent/guardian).

b.  Parent/guardian confirmation if the student is between 16 and 18 years of age.

c.  Other submitted written statements or a statutory declaration.

d.  Whether a student or student’s parent/guardian has made a statement in writing
indicating the student is living independently.

e.  The student’s living arrangements.

f.  Whether the student is financially independent or contributes financially to their
maintenance.

g.  Whether the student is responsible for the making of significant decisions regarding
matters such as health care.

h.  Whether the student makes and maintains arrangements for living accommodation.

i.  If there is a marriage or co-habiting arrangement; or

j.  Any other factor that the Principal considers relevant.

5.  None of these criteria alone is a sole indicator of independence, but the response to all of them
will assist the Principal in determining whether the student should be identified as an independent
student.

6.  If the Principal determines that the criteria for independent student status are met, the student
shall be advised in writing and recognized as an independent student. This status shall be entered
in the Student Information System.

7.  If the Principal determines that the criteria are not met, then the student and the parent/guardian
shall be advised in writing.

8.  If circumstances change, and the student no longer meets the criteria for independent status, the
student and parent/guardian must inform the Principal of the change in writing. The Principal shall
then enter the information to reflect the change of status in the Student Information System.

9.  All correspondence shall be directly with the independent student unless the student provides
written consent allowing the Principal to provide information to the parent/guardian.

Appeal

10.  If a student or parent/guardian disagree with the decision of the Principal, they may apply the
appeal process as per Board Policy 245 - Appeals.


References:

Policy 245: Appeals Regarding Student Matters
AP520 - Student Records Management
Education Act:  Sections 4-7, 11, 22, 33
Child Youth and Family Enhancement Act
Freedom of Information and Protection of Privacy Act

History

1 Nov 2022 Initial Approval