2015/16
British
Columbia
Global
Education
Program
OPER ATING M ANUAL
for OFFSHORE SCHOOLS
British
Columbia
Global
Education
Program
OPERATING MANUAL
for OFFSHORE SCHOOLS 2015/16
Contents
1.1 1.2 INTRODUCTION
1
BECOMING A B.C. CERTIFIED SCHOOL
Pre-Certification Phase
Maintaining Certification Remaining in Good Standing
2
2
3
4
1.3 OFFSHORE SCHOOL PROGRAM FEES AND EXPENSES
Types of Fees
6
7
1.4 PROGRAM GOVERNANCE (ROLES AND RESPONSIBILITIES) 8
School Owner/Operator
8
Offshore Program Consultant and Ministry Liaison
9
Principal (and Vice-Principal) Responsibilities
11
Teacher Responsibilities
12
Ministry of Education Responsibilities
12
1.5 OPERATIONAL REQUIREMENTS AND EXPECTATIONS
FOR OFFSHORE SCHOOL
Requirements for School Operations and Administration
Requirements for Retaining an Offshore Program Consultant
Requirements for School Records, Data and Reporting
Requirements for School Marketing and Public Announcements
Requirements for Teacher and Administrator
Certification and Standards
Requirements for the Recruitment and
Employment of Administrators and Teachers
Administrator and Teacher Evaluation
and Professional Development Requirements
Dispute Resolution Process
Complaints and Compliance Process
1.6 EDUCATIONAL REQUIREMENTS AND EXPECTATIONS
13
13
14
16
18
19
20
21
21
21
FOR OFFSHORE SCHOOLS
Grades Offered
Student Admission
Minimum Enrolment
Delivery of the B.C. Curriculum
Graduation Program
English Language Proficiency
Student Achievement
Provincial Examinations
Course Equivalency Course Challenge Board/Authority Authorized (BAA) Courses
Exempted Courses
Distributed Learning (DL)
Twinning
23
24
24
24
25
25
26
27
27
29
30
30
31
31
32
APPENDIX A 33
APPENDIX B 72
1.1 INTRODUCTION
Introduction1.1
The purpose of the British Columbia (B.C.) Global Education Program is to encourage the
development of international relationships and create opportunities for global learning
experiences that will benefit B.C. students, teachers, schools, and communities by:
·
increasing international recognition of B.C.’s high-quality education “brand“
·
creating more opportunities for B.C. public and independent schools to develop
international partnerships, and
·
attracting more international students to study and eventually work and live in B.C.
This program is a key component of the Province’s International Education Strategy,
which aims to:
·
create a globally oriented education system in British Columbia;
·
ensure that all students receive quality learning and life experiences; and
·
maximize the benefits of international education—social, cultural and
economic—for all B.C. communities, families and businesses.
As part of the B.C. Global Education Program, the Ministry of Education regulates the
delivery of the B.C. K–12 education program (the B.C. curriculum) to students studying
in K-12 schools overseas. There are currently 41 certified offshore schools operating
in seven different countries, delivering the B.C. curriculum to more than 10,300 K–12
students. Additional schools are expected to join the program.
This operating manual provides information to current and prospective offshore
school Owners/Operators regarding the Ministry’s requirements and expectations for
becoming a certified offshore school under the B.C. Global Education Program, and for
maintaining certification on an annual basis.
If you have a question about the B.C. Global Education Program or the requirements
for offshore schools, please contact:
Please note that the policies and procedures described in this manual may change from
time to time as communicated by the Ministry.
B.C. GLOBAL EDUCATION PROGRAM · OPERATING MANUAL
1.1 | 1.2 | 1.3 | 1.4 | 1.5 | 1.6
B.C. Ministry of Education · International Education Branch
PO Box 9146 · Victoria, British Columbia
V8W 9H1 · Email: International.Education@gov.bc.ca
1
1.2 BECOMING A BC CERTIFIED SCHOOL
Becoming a BC Certified School 1.2
Becoming a B.C. Certified Offshore School requires a significant investment of dedication, time and resources.
In cases where the Province sees the potential for a strong partnership capable of making a significant contribution to
the goals of B.C.’s International Education Strategy, the Ministry of Education may invite submission of an application
to enter the B.C. Global Education Program. Applicants may be invited to begin operation as a pre-certified school and
may, eventually, become a fully-certified school.
Individuals or groups interested in learning more about the opportunity to become a B.C. Certified Offshore School may
go to the Ministry’s B.C. Offshore School web site to learn more about the B.C. Global Education Program’s Offshore
Schools Application Process.
Pre-Certification Phase
Owners/Operators who are invited to proceed toward certification enter the pre-certification phase.
During pre-certification:
1. Owners/Operators sign a Pre-Certification Agreement with the Ministry (see Appendix A, page 33).
For the term of the a Pre-Certification Agreement, the Owner/Operator
·
·
·
is permitted to deliver the B.C. curriculum for the following school year
is not permitted to advertise their schools as “B.C. certified“
is not permitted to indicate that students will be able to receive a B.C. Dogwood diploma upon graduation
2. Owners/Operators pay the following fees (see Offshore School Program Fees and Expenses for more information)
Curriculum usage fee
Program administration fee
Student registration fee
$10,000 per school per year
$5,000 per school per year
$350.00 per student per year
3. The school undergoes an initial onsite inspection:
1.1 | 1.2 | 1.3 | 1.4 | 1.5 | 1.6
·
2
·
·
A Ministry-appointed inspection team performs an onsite inspection of the school in the spring at the expense
of the Owner/Operator
The inspection team notifies the Ministry of required changes and/or follow-up items for consideration
The Ministry considers the recommendations of the inspection team and any other factors it deems relevant
B.C. GLOBAL EDUCATION PROGRAM · OPERATING MANUAL
4. The Ministry determines whether to certify the school.
If the School is certified:
·
·
The Ministry immediately signs a one-year Certification Agreement with the Owner/Operator
The school maintains certification by meeting the requirements of the certification agreement.
see “Maintaining Certification“.
If the School is not certified:
·
·
·
The Ministry does not renew its a Pre-Certification Agreement
The school is no longer proceeding toward certification
The Owner/Operator is no longer permitted to deliver the B.C. curriculum, but may re-apply at a later time
Maintaining Certification After a one-year Certification Agreement has been signed with the Ministry, to maintain an offshore school's status
as a B.C. certified school, the Owner/Operator must
·
remain in good standing with the Ministry
·
pass an annual or biennial onsite inspection
·
pay all fees and relevant expenses (see Offshore School Program Fees and Expenses)
·
submit an Annual Report by September 30 (see “Annual Reporting,“ page 5, for details)
Owners/Operators who fail to meet all requirements for maintaining the school’s B.C. certified status will not be
invited to enter into a subsequent Certification Agreement. If there are more serious issues, the school will be put
on probationary status or decertified. see “Probationary Status,“ page 22 and “Decertification,“ page 22.
1.1 | 1.2 | 1.3 | 1.4 | 1.5 | 1.6
B.C. GLOBAL EDUCATION PROGRAM · OPERATING MANUAL
3
Remaining in Good Standing
In order to maintain certification, an Owner/Operator must comply with the Ministry's requirements, including
remaining in “good standing.“
The Ministry will consider the following criteria in assessing whether an Owner/Operator remains in good standing
with the Ministry:
·
the Owner/Operator is and has been in compliance
with agreement requirements
·
all certification fees and expenses have been paid
in full and on time
·
the Owner/Operator or individuals/entities acting
on behalf of the Owner/Operator are in compliance
with relevant legislation of the country/region in
which the school is operating (e.g., laws pertaining
to employment standards, health and safety,
human rights, and any others)
·
·
current or recent actions of the Owner/Operator or
individuals/entities acting on behalf of the Owner/
Operator that could negatively impact the integrity
of the program or B.C.’s positive international
education reputation
any other criteria that the Ministry considers
relevant at the time
PASSING ANNUAL INSPECTIONS
Owners/Operators must pass an annual onsite
inspection of the school. Annual inspections take place
between fall and spring of each year at the expense of
Owners/Operators. The Ministry also conducts random,
unannounced inspections.
1.1 | 1.2 | 1.3 | 1.4 | 1.5 | 1.6
The Ministry publishes final certified B.C. Offshore
School inspection reports on its website.
4
OUTCOME OF THE ANNUAL INSPECTION
Following the inspection, the inspection team will
inform Owners/Operators of any required changes,
and will provide the Ministry with its recommendations
for the school. The Ministry will carefully review
B.C. GLOBAL EDUCATION PROGRAM · OPERATING MANUAL
the inspection results and follow up with Owners/
Operators.
Following its review of the inspection, the Ministry will
inform Owners/Operators of any remedial actions that
must be taken to address inspection findings, and any
other factors deemed relevant by the Ministry at the time.
OPTION FOR BIENNIAL INSPECTIONS
A school may request a biennial inspection if the
following requirements are met:
·
the Owner/Operator has been in good standing
with the Ministry for a minimum of five consecutive
years
·
no significant turnover of administrators or teachers
has taken place within the school over the past two
school years
·
the Ministry has not received any valid complaints
related to the school or individuals/entities directly
associated with the school
·
the Ministry has no significant concerns
regarding the quality of the educational
program being provided.
Note: A biennial inspection request is only valid for
one year.
REQUESTS FOR BIENNIAL INSPECTIONS
An Owner/Operator must submit a written request
to the Ministry for a biennial inspection.
Schools approved for biennial inspections must
continue to submit annual reports. Certification
Agreements will be renewed on an annual basis provided that annual reporting requirements have been met and the
most recent inspection process has been successfully passed.
SUBMITTING AN ANNUAL REPORT
An Owner/Operator must submit to the Ministry by the dates indicated a completed Annual Report
consisting of three parts:
1
Inspection CatalogueSeptember 30
2
Update on the school’s Business Plan
September 30
3
Audited financial statements
Upon request
INSPECTION CATALOGUE AND BUSINESS PLAN
The Ministry will provide templates for both the Inspection Catalogue and the Business Plan on the Ministry’s
website by August 1 each year.
Owners/Operators are required to complete both templates as instructed.
School Business Plans must include the following information:
·
a description of the school, the larger school within which the B.C. Offshore School is housed (if applicable), and
the B.C. Offshore School program
·
a description of the business operations, including the school's unique culture, marketing activities and long-term
growth plan
·
a description of the school's operations, including the management structure and approach to engaging and
communicating with parents, students, staff and school administration
·
information about the school's approach to human resources, including the Owner/Operator's plan for ensuring
that all teachers and administrators are properly certified at all times
·
a description of partnerships with B.C. Onshore schools to promote cultural and language learning, collaborative
approaches to pedagogy and professional development and including activities to encourage Offshore School
students to study at post-secondary institutions in British Columbia
The Owner/Operator must submit audited financial statements as described in the Certification Agreement. The financial
statements must conform with international accounting standards and be audited by a third party upon request by the
Ministry. (see the Business Plan template on the Ministry website for more information.)
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1.1 | 1.2 | 1.3 | 1.4 | 1.5 | 1.6
AUDITED FINANCIAL STATEMENTS
5
1.3 OFFSHORE SCHOOL PROGRAM FEES AND EXPENSES
Offshore School Program
Fees and Expenses 1.3
2015/16 FEE PAYMENT PROCESS
·
Program, Inspection, and Learning Audit Fees are due and payable as stated in the table on page 7.
·
All fees are non-refundable.
·
Effective June 30th, 2014, the Ministry will invoice schools thirty (30) days in advance of fee payment due date
for the following fees: Curriculum Usage Fee, Program Administration Fee, and Student Registration Fees.
·
The invoice for the Student Registration Fee will be based on 1701 data submission.
» If there is a discrepancy between the 1701 data submission and student numbers as reported during
Inspections, schools will be invoiced for the difference.
» Fees related to discrepancies will be due and payable immediately on issuance of the invoice.
» These fees are non-refundable (i.e. if a student leaves the school mid-year).
DELINQUENT PROGRAM FEES
·
The following processes will apply for schools whose fees are thirty (30) days delinquent:
» The Ministry will issue a second invoice for the outstanding amount plus interest charges.
» The School will be placed on probationary status for 60 days (regardless of when the fees are submitted).
·
The following processes will apply for schools whose fees are sixty (60) days delinquent:
» The Ministry will issue a third invoice for the outstanding amount plus interest charges.
» The School will be placed on probationary status for 90 days (regardless of when the fees are submitted).
·
The following processes will apply for schools whose fees are ninety (90) days delinquent:
» The School will be decertified. Recertification will be subject to payment of delinquent fees plus interest charges,
reapplication (including application fee of $5,000) and payment as liquidated damages of $10,000 (per section
28.00 of the Certification Agreement).
1.1 | 1.2 | 1.3 | 1.4 | 1.5 | 1.6
·
6
The following processes will apply for delinquent inspection fees:
» The school inspection will be cancelled.
» Uninspected schools will lose certification status.
» Recertification will be subject to payment of delinquent fees plus interest charges, reapplication (including
application fee of $5,000) and payment as liquidated damages of $10,000 (per section 28.00 of the
Certification Agreement).
B.C. GLOBAL EDUCATION PROGRAM · OPERATING MANUAL
Types of Fees
Fee Type
Fee Amount
Payable:
Comments
Application fee
$5,000
(non-refundable)
Time of application
Applications will not be processed until the
application fee has been submitted in full
Curriculum usage fee
$10,000 per
school per annum
August 1
of each year
Ministry will invoice schools for the curriculum
usage fee on June 30
Program administration
fee
$5,000 per
school per annum
August 1
of each year
Ministry will invoice schools for the program
administration fee on June 30
Student
registration fee*
$350 per
student per annum
December 15
of each year
Ministry will invoice schools for the student
registration fee in the third week of November
based on 1701 data submission
Inspection fees**
Varies
30 days in advance
of inspection team’s
departure
Ministry will invoice schools for the inspection fee
45 days in advance of team’s departure
OTHER PROGRAM EXPENSES
In-person application
review
Travel, accommodation, per diem and incidental costs of all
Payment required 15 days in
Ministry participants if held at the school location OR All relevant advance of departure (if taking place
travel and accommodation expenses for the Owner/Operator (and onsite at the school location).
accompanying officials) if held in British Columbia.
Learning audits
Includes professional services of the audit chair and audit team
members, as well as their travel, accommodation, per diem and
incidental costs.
Payment required 15 days in
advance of the audit team’s
departure.
* If a student withdraws from the school up to November 30, the school is not required to pay the per student fee
(school must provide proof of withdrawal). If a student withdraws from the school after November 30, the school
is required to pay the per student fee.
** Inspection fees include the professional services of the inspection chair and inspection team members, as well as
their travel, accommodation, per diem and incidental costs. Schools are not expected to pay costs associated with
unannounced inspections.
1.1 | 1.2 | 1.3 | 1.4 | 1.5 | 1.6
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1.4 PROGRAM GOVERNANCE (ROLES AND RESPONSIBILITIES)
Program Governance
(Roles and Responsibilities) 1.4
The following sections outline the approved roles and responsibilities of each party involved in the administration
of a B.C. offshore school, as outlined in the Ministry’s Pre-Certification Agreement and Certification Agreement
(see Appendices A and B for more detail).
School Owner/Operator
The Owner/Operator is solely and directly accountable to the Ministry for ensuring that the school is operating in
compliance with all requirements of the Pre-Certification Agreement or Certification Agreement, as well as the
provincial educational standards and program requirements and expectations identified in this operating manual.
The Owner/Operator may not transfer, sell or license ownership of the School without the written approval of the
Province including a change to the majority shareholder or controlling interest.
SCHOOL OWNER/OPERATOR RESPONSIBILITIES
Owners/Operators are responsible for:
·
directly operating the school, including delivery of the
B.C. curriculum in English
·
the financial management and administration of the
school, including the payment of all applicable fees
·
improving and maintaining student achievement and
ensuring that there are no significant discrepancies
between provincial exam marks and course marks
1.1 | 1.2 | 1.3 | 1.4 | 1.5 | 1.6
·
8
·
ensuring that the education program provided at
the school meets provincial education standards as
described in certification agreements (e.g., achieving
Prescribed Learning Outcomes, using provincial
Performance Assessment Standards, meeting
instructional time requirements, adhering to exam
invigilation instructions, meeting English language
assessment and development standards, and others)
developing policies and procedures regarding student
admissions, student discipline, parental appeals,
evaluation of teachers and administrators and
dispute resolution
B.C. GLOBAL EDUCATION PROGRAM · OPERATING MANUAL
·
ensuring that only those students with sufficient
English language capability are permitted to enter
the program and that students studying in the
program have access to adequate English language
development supports as required
·school marketing and student recruitment
·
complying with all applicable laws, bylaws, orders,
directions, rules and regulations of any city, state,
provincial and national government body of the
region/country in which the school operates
·
recruiting, hiring, compensating and providing suitable
accommodations for administrators and teachers
·
establishing and maintaining complete and accurate
records for students, the school and administrators
and teachers
·
meeting Ministry data and annual reporting
requirements
·
ensuring administrative staff in B.C. Offshore Schools
are persons of good moral character and are otherwise
fit and proper to have daily contact with the school’s
students.
·
·
working with the Offshore Program Consultant
or Ministry Liaison (if applicable), the Principal
and teachers as required to assist the Ministry in
investigating complaints and resolving issues to the
Ministry’s satisfaction
reporting dismissal, suspension, discipline, conduct
and competence issues regarding the Principal or
any teacher to both the Commissioner for Teacher
Regulation and the Ministry’s Director of International
Education
·
supporting and participating in the Ministry’s
inspections of the school as required
·
ensuring that all communications with the Ministry,
whether through the Offshore Program Consultant
or the Ministry Liaison, are in English.
SUBCONTRACTING SCHOOL OWNER/OPERATOR RESPONSIBILITIES
Subcontracting to other entities to provide services does not relieve Owners/Operators from any of the obligations
specified in the Certification Agreement.
Offshore Program Consultant and Ministry Liaison
The Ministry approves Offshore School Representatives who are not on the Ministry’s pre-approved Offshore Program
Consultant list. An “Offshore School Representative” means the person who has been selected by the Owner/Operator
to fulfill the duties under paragraphs 1-9 Part II of Schedule “B”, who is not on the Ministry’s pre-approved Offshore
Program Consultant list, and whose appointment has been approved by the Director of International Education. An
Offshore School Representative must meet the criteria on pages 15/16 to be approved. At any time, the Ministry may
remove its approval of an Offshore School Representative if there are concerns about the Representatives’ conduct,
competence, qualifications, or authorization.
For the purposes of this manual, references to “Offshore Program Consultants” are applicable to Offshore School
Representatives.
An Owner/Operator may choose to hire an Offshore Program Consultant to assist with the management and operation
of the school.
If an Owner/Operator chooses not to hire an Offshore Program Consultant, the liaison responsibilities
including the ability to legally represent the Owner/Operator in dealings with the Ministry will be
assumed by the Principal (see page 10).
At any time, the Ministry may remove its approval of a Principal serving as liaison if there are concerns about the
Principal's conduct, competence, qualifications or authorization. The Owner/Operator must then select a new
qualified liaison and submit a request for approval to the Ministry.
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1.1 | 1.2 | 1.3 | 1.4 | 1.5 | 1.6
A Principal who is appointed by the Owner/Operator as liaison with the Ministry must be approved in writing by
the Ministry prior to performing the duties of liaison (see “Offshore Program Consultant and Ministry Liaison Duties,“
page 10).
9
OFFSHORE PROGRAM CONSULTANT MANAGEMENT AND OPERATIONS FUNCTIONS
Offshore Program Consultants may perform the following functions (see Appendices A and B):
·
·
assisting the Owner/Operator to recruit and
hire qualified administrators, teachers and other
school support staff, including support with
acquiring visa and work permits
·
assisting with cultural acclimatization
·
professional development
·
assisting the Owner/Operator to market
the school within the guidelines set out
in certification agreements
arranging accommodations and dealing with
any issues related to those arrangements
OFFSHORE PROGRAM CONSULTANT AND MINISTRY LIAISON DUTIES
Offshore Program Consultants and Ministry Liaisons must serve as the primary liaison between Owners/Operators and
the Ministry, including representing Owners/Operators legally in dealings with the Ministry. The following are Offshore
Program Consultant’s and Ministry Liaison’s key duties associated with the liaison function:
·
acting as the primary contact to liaise and
communicate with the Ministry in a timely manner
·
effectively managing and resolving complaints
to the satisfaction of the Ministry
participating in and supporting the inspection team
in conducting school inspections or audits
·
actively working with the Owner/Operator to ensure
compliance with all agreement requirements, including
working with the Principal and teachers to ensure that
the Owner/Operator’s accountabilities and timelines
are clearly understood and fulfilled
1.1 | 1.2 | 1.3 | 1.4 | 1.5 | 1.6
·
10
B.C. GLOBAL EDUCATION PROGRAM · OPERATING MANUAL
·
ensuring all annual reporting requirements are met
·
ensuring the Owner/Operator recruits and hires only
qualified and competent personnel (see page 19)
·
attending information sessions organized
by the Ministry
·
working with the Owner/Operator, Principal and
teachers to address the Ministry’s recommendations
and requirements pertaining to the school.
Principal (and Vice-Principal) Responsibilities
SCHOOL RESPONSIBILITIES OF THE PRINCIPAL
The Principal is responsible for performing the following duties:
·
administering and supervising the school’s operations and implementation of the B.C. curriculum
·
providing direct oversight of student admissions, including the final decision and sign-off regarding students’
English language capabilities, admissions and grade/classroom placement
·
providing quality assurance for the educational program(s) being delivered, including ensuring that provincial
education standards and program requirements are met
·
overseeing the development of course overviews that meet Prescribed Learning Outcomes
·
evaluating and documenting the learning environment in individual classrooms
·
establishing and communicating all teaching timetables to administrators and teachers as applicable
·
establishing appropriate student evaluation and assessment processes, and reporting the results to parents
in a manner that is consistent with the Student Progress Report Order
·
supervising and evaluating the work of other administrators, teachers and administrative support staff
·supervising professional development activities for administrators and teachers
·
performing teaching duties as required
·maintaining school records
·
supervising the general conduct of students, both on and off school premises as appropriate, including
student discipline
·
leading or participating in the school’s dispute resolution process as required
Owners/Operators must allow the Principal sufficient time to perform his or her administrative duties.
Owners/Operators must ensure that the Principal does not serve as Principal for more than one offshore school.
VICE-PRINCIPAL RESPONSIBILITIES
1.1 | 1.2 | 1.3 | 1.4 | 1.5 | 1.6
An Owner/Operator may hire one or more Vice-Principals
to assist the Principal in performing his or her duties,
with the exception of Ministry Liaison duties. However,
the Principal remains accountable for the duties and
responsibilities outlined above.
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11
Teacher Responsibilities
All teachers are expected to:
·
provide competent instruction to students in a manner that encourages and fosters learning
·
teach only those programs of study that are authorized as part of the Owner’s/Operator’s agreement with the
Ministry (i.e., the B.C. curriculum)
·
regularly evaluate students and periodically report the results of the evaluation to students and their parents
·
under the direction of the Principal, manage student conduct in the classroom and at school functions outside
of regular school hours and facilities
For additional information on the standards for conduct and professional competence for B.C. certified teachers, see
www.bcteacherregulation.ca/Standards/StandardsDevelopment.aspx.
Ministry of Education Responsibilities
In addition to setting goals/objectives, establishing regulations and requirements, and developing policy and legislation
to support the administration of the program, the Ministry is responsible for:
communicating requirements and expectations to the Owner/Operator
·
developing curriculum, including provincial education standards
·
authorizing the Owner/Operator to use the B.C. curriculum
·
developing and evaluating provincial examinations
·
issuing Certificates of Graduation to eligible students
on behalf of the Minister
·
certifying eligible teachers (through the B.C. Teacher
Regulation Branch)
·
performing regular inspections of the school,
including providing a copy of the final inspection
report and following up in a timely manner on any
recommendations and requirements
·
providing and renewing certification for eligible schools
1.1 | 1.2 | 1.3 | 1.4 | 1.5 | 1.6
·
12
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1.5 OPERATIONAL REQUIREMENTS AND EXPECTATIONS FOR OFFSHORE SCHOOL
Operational Requirements and
Expectations for Offshore Schools 1.5
Requirements for School Operations and Administration
Owners/Operators are expected to maintain sufficient organizational and financial capacity to effectively operate
offshore schools. This capacity includes having a formal school management structure in which the accountabilities
of the Owner/Operator, Offshore Program Consultant, Ministry Liaison, Offshore School Representative, Principal,
Vice-Principal, teachers and administrative staff are clearly defined, communicated and understood by all parties.
SCHOOL POLICIES AND PROCEDURES
The Owner/Operator must have in place school policies and procedures that are consistent with the terms and conditions
outlined in certification agreements. These must be easily accessible by relevant teaching and administration staff
(e.g., through policy manuals and/or administrative handbooks for staff).
Specifically, the school must have policies and procedures in place in the following areas:
·
governance and administration
·
student admissions, attendance and records management
·
student assessment
·
student supervision and classroom management
·
parental appeals
·
human resources (i.e., hiring, compensation, accommodation, leave, and dismissal policies and procedures that
align with program requirements and adhere to relevant human rights and employment standards legislation)
·
evaluation and professional development for administrators and teachers
·
complaints management and dispute resolution (to resolve disputes between Principals/Vice-Principals, teachers,
and/or the Owner/Operator as applicable).
SCHOOL FINANCES
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1.1 | 1.2 | 1.3 | 1.4 | 1.5 | 1.6
An Owner/Operator is expected to undertake regular reviews of the school’s finances to ensure sufficient financial
capacity is in place for operating the school, including regular updates of expense and revenue information and audited
financial statements.
13
COMMUNICATIONS
FACILITIES AND RESOURCES
An Owner/Operator is expected to have in place clear
and formalized processes for engaging and involving
students, parents, staff and school administration (for
example, all-staff operational meetings, regular written
communications, and others).
The Owner/Operator must ensure that school facilities are
adequate for operating a school under the program, as
outlined in the Inspection Catalogue.
The Owner/Operator must be able to demonstrate how
feedback and comments from these parties are being
incorporated into the school's management practices.
The annual inspection of the school will include a review
of whether the school has in place sufficient resources
(i.e., print, electronic and Internet library resources) to
support the achievement of learning outcomes identified
for the courses offered at the school.
LOCAL HEALTH AND SAFETY STANDARDS
Owners/Operators must ensure that the schools’
operations, as well as facilities, grounds and equipment,
meet local health and safety standards.
Requirements for Retaining an Offshore
Program Consultant
REQUIREMENTS FOR RETAINING AN OFFSHORE PROGRAM CONSULTANT
An Owner/Operator wishing to retain an Offshore Program Consultant must:
·
select the Offshore Program Consultant from the Ministry’s list of pre-approved candidates. The list is
established through a competitive pre-qualifying process and is updated as needed.
·
submit a written request to the Ministry seeking approval for the selected Offshore Program Consultant and
indicating that the chosen individual/entity has the ability to legally represent the Owner/Operator in dealings
with the Ministry.
1.1 | 1.2 | 1.3 | 1.4 | 1.5 | 1.6
REQUIREMENTS WHEN USING A CORPORATE ENTITY AS AN OFFSHORE
PROGRAM CONSULTANT
14
If an Owner/Operator selects a corporate entity to serve as its Offshore Program Consultant, the Owner/Operator is
responsible for identifying one person within the entity to serve as the representative of that entity and the Owner/
Operator for the purposes of fulfilling the duties of the Offshore Program Consultant, including the ability to legally
represent the Owner/Operator in dealings with the Ministry.
B.C. GLOBAL EDUCATION PROGRAM · OPERATING MANUAL
REMOVING AN OFFSHORE PROGRAM
CONSULTANT'S PRE-QUALIFIED STATUS
REQUIREMENTS FOR OFFSHORE PROGRAM
CONSULTANTS
If the Ministry has concerns about an Offshore Program
Consultant’s conduct, competence, qualifications or
authorization, it may remove the Offshore Program
Consultant from its list of pre-qualified candidates, and
the Owner/Operator may select a new Offshore Program
Consultant from the Ministry’s pre-approved list, or
transfer the liaison responsibilities to the Principal, or
appoint an Offshore School Representative.
An Offshore Program Consultant:
If the Owner/Operator selects a new Offshore Program
Consultant or appoints an Offshore School Representative,
the Owner/Operator must submit another written request
to the Ministry seeking approval for its new selection.
·
can be retained by no more than three Owners/
Operators
·
must communicate with the Ministry in English
·
may not perform any of the duties outlined on
page 10 until the Ministry has provided written
approval of the Owner’s/Operator’s appointment
of the Offshore Program Consultant or Offshore
School Representative.
MINISTRY OF EDUCATION REPRESENTATIVE REQUIREMENT
FOR B.C. OFFSHORE SCHOOLS JANUARY 2015
The Ministry of Education requires that Owners/Operators of B.C. Offshore Schools have an offshore school
representative with B.C. education credentials and experience to serve as the primary liaison between Owners/Operators
and the Ministry of Education (more information can be found on page 9 and in Appendices A and B of the Global
Education Program Operating Manual for Offshore Schools).
Owners/Operators have three options regarding meeting this requirement:
1. Owners/Operators may choose an Offshore Program Consultant from the list of qualified vendors posted at
the following site: (www2.gov.bc.ca/assets/gov/topic/54BCE40BEF89C8DE4FAC8501CC63E384/
internationaleducation/os_consultants.pdf).
2. Owners/Operators may appoint the Principal of the school to fulfil both the Administrator and Ministry Liaison role.
For a principal to assume the role of Ministry Liaison, he or she must meet all of the principal/liaison requirements
as described in the 2015/16 Global Education Program Operating Manual for Offshore Schools. A principal who is
granted an exemption by the province may not fulfil the role of principal/liaison.
Note: It is recommended that new offshore schools retain the services of an Offshore Program Consultant for the first
two years of operation.
B.C. GLOBAL EDUCATION PROGRAM · OPERATING MANUAL
1.1 | 1.2 | 1.3 | 1.4 | 1.5 | 1.6
3. Owners/Operators may appoint an Offshore School Representative of their choosing. In the case of an appointment
of an Offshore School Representative, Owners/Operators must have Ministry approval. To request Ministry approval,
Owners/Operators must provide evidence that the appointee meets the necessary requirements to perform the
responsibilities of an Offshore School Representative.
15
Appointed Offshore School Representatives must meet the following criteria:
·
A current member/valid Certificate of Qualification
holder in good standing with the Ministry of
Education, Teacher Regulation Branch;
·
Understanding of, and recent professional experience
working with teacher certification and regulation
requirements in B.C.;
·
Minimum 3 years’ experience working in a senior
administrative capacity (e.g., Superintendent,
Assistant Superintendent, district Principal or Director,
school Principal or Vice-Principal, Dean) in a B.C.
K-12 public or certified independent school or postsecondary institution;
·
Knowledge of the B.C. education-related legislation,
regulations and orders, including B.C.’s School Act and
Independent School Act and accompanying Schedules,
Regulations, Minister’s Orders, and the Freedom of
Information and Protection of Privacy Act;
·
·
Expertise in current B.C. educational standards
and practices for curriculum development and
implementation, as well as evaluation of students,
teachers, and principals;
Knowledge and experience with school evaluation,
audit or inspection processes in a B.C. K-12 public
or certified independent school within the past
10 years;
·
Understanding of the linkage between regulatory
requirements and the delivery of educational programs
in K-12 schools;
Knowledge of the B.C. Global Education Program
(offshore schools) and B.C.’s International Education
Strategy; and,
·
Knowledge of immigration application procedures and
requirements (i.e., visas, work permits, etc.).
·
·
Ability to communicate effectively in English, both
verbally and in writing, to an international audience;
·
Ability to clearly and accurately communicate policy,
legislation, goals and program criteria/requirements to
diverse client groups;
·
Ability to identify and manage complex issues and
concerns raised by the Province of British Columbia
and other education stakeholders, and to explore
options to resolve issues and build consensus towards
a satisfactory outcome;
Along with relevant materials supporting the requirements
above, please submit:
·
The Offshore School Representative’s résumé; and,
·
The names and contact information of two references
that can attest to the individual’s suitability as an
Offshore School Representative.
Requirements for School Records, Data and Reporting
1.1 | 1.2 | 1.3 | 1.4 | 1.5 | 1.6
Owners/Operators are required to establish and maintain school records and to submit data and reports to the
Ministry as required. School records and reports must be accurate, up-to-date, in English and securely kept.
16
Owners/Operators must have in place sufficient Internet connectivity, computer hardware/software and printer
capabilities at the school to ensure efficient electronic transfer of data and printing of records.
RIGHT TO INSPECT SCHOOL DOCUMENTS
School documents, including the records of students, teachers and administrators, may be inspected and copied
by the Ministry or a representative of the Ministry at any time during normal school hours.
B.C. GLOBAL EDUCATION PROGRAM · OPERATING MANUAL
SCHOOL RECORDS
Owners/Operators must maintain the following school records:
·
record of local government approval
·
student records
·signed consent forms as required under certification
agreements
·
administrator and teacher records
·
·
records related to the operation of the school
(including financial records)
·
Annual Reports and supporting documentation
(see page 5).
additional documentation as required under the
Permanent Student Record Order; instructions
can be found
at www.bced.gov.bc.ca/classroom_
assessment/psr_instruct.htm
·
any other relevant records related to the student (e.g.,
disciplinary action taken, attendance records, other
records)
RECORD OF LOCAL GOVERNMENT APPROVAL
Owners/Operators must have the approval of the
appropriate government for their school in the form of a
letter of approval (or statement of no objection) from the
appropriate government entity with paramount authority
over the school.
Student records must be maintained for between 10 and
55 years (see section 13.04 of the Certification Agreement
for details) following the student’s graduation.
The approval must be kept on file at the school at all
times. The Ministry may take steps to verify that the
documentation is authentic and valid, including meeting
with local, regional or national government authorities as
required.
If a student decides to leave the school at any time and
requests that his/her records be transferred to either
another offshore school or a K-12 public or certified
independent school within B.C., the Owner/Operator
is responsible for ensuring that the student’s record is
transferred in a timely manner as per the student’s request.
STUDENT RECORDS
STUDENT DATA COLLECTION
Individual student records must be maintained in English
as well as in the language of the jurisdiction in which the
school is located.
Owners/Operators are required to submit to the Ministry
a Student Data Collection form (1701) for each student
enrolled in the school. Forms and instructions can be
found at the following link: www.bced.gov.bc.ca/
datacollections.
Individual student records must include the following:
the results of the English language assessment,
including the Principal’s sign-off
·
a record of any supplementary English language
supports provided to the student
·
a record of Distributed Learning courses taken
or scheduled
1.1 | 1.2 | 1.3 | 1.4 | 1.5 | 1.6
·
B.C. GLOBAL EDUCATION PROGRAM · OPERATING MANUAL
17
ADMINISTRATOR AND TEACHER RECORDS
Records for the Principal, Vice-Principal (as applicable) and teachers must include the following:
·
·
a copy of their B.C. Certificate of Qualification or
an Independent School Subject-Restricted Teaching
Certificate and proof of a minimum of 2 years teaching
experience in a B.C. independent school
·signed consent forms as required under certification
agreements
·
any human resource-related issues pertaining to
the individual
copies of all contracts of employment between the
Owner/Operator and the individual
·
copies of all performance evaluations
·
a record of the individual’s professional development
activities
Requirements for School Marketing
and Public Announcements
In marketing offshore schools, the Owner/Operator must ensure that all publications accurately reflect the status of the
school in relation to the Ministry’s certification process (see Appendix A, page 40-41 and Appendix B, page 80), as
follows:
·
an Owner/Operator of a pre-certified school must indicate only that they have been granted “approval to deliver the
B.C. curriculum“ but are not permitted to indicate that a school is, or will be, certified
·
Owners/Operators of certified schools must indicate only that the school
»
»
»
»
has been granted certification status
has entered a Certification Agreement with the Province under the program
is operating a “B.C. Certified“ school
has authority to offer educational programs at the school leading to a B.C. Dogwood diploma.
1.1 | 1.2 | 1.3 | 1.4 | 1.5 | 1.6
Owners/Operators are responsible for ensuring that all school promotional materials accurately convey the number and
amount of fees charged, both by the Ministry to operate the school and by the Owner/Operator to attend the school,
including all fees and expenses listed on school websites.
18
B.C. GLOBAL EDUCATION PROGRAM · OPERATING MANUAL
Requirements for Teacher and Administrator
Certification and Standards
Owners/Operators must ensure that only B.C. certified administrators and teachers are permitted to plan, evaluate, and provide
instruction to students using the B.C. curriculum, including reporting on student progress to parents or legal guardians.
ADMINISTRATOR AND TEACHER
CERTIFICATION
Administrators and teachers hired to teach in an offshore
school must hold a valid Certificate of Qualification or an
Independent School Subject-Restricted Teaching Certificate
(with a minimum of 2 years teaching experience in a B.C.
independent school) from the B.C. Teacher Regulation
Branch, Ministry of Education, prior to being hired by the
Owners/Operators.
Administrators or teachers who do not have the proper
certification but are interested in teaching in a B.C.
offshore school must make timely application to the B.C.
Teacher Regulation Branch.
For more information on the certification requirements for
teachers and administrators in offshore schools, see
www.bcteacherregulation.ca/Teacher/
BecomingATeacherOverview.aspx; and
www.bcteacherregulation.ca/Teacher/
BCOffshoreSchools.aspx.
EMPLOYMENT OF LOCALLY-CERTIFIED
TEACHERS
Owners/Operators may employ locally-certified teachers
working under the supervision of a school administrator to
teach specifically exempted courses. For more information,
see “Exempted Courses,“ page 30.
ADMINISTRATOR AND TEACHER STANDARDS
All certified administrators and teachers in offshore
schools are required to adhere to provincial Standards for
the Education, Competence, and Professional Conduct of
Educators in B.C. For more information on these standards,
see the following link: www.bcteacherregulation.ca/
Standards/StandardsDevelopment.aspx.
REQUIREMENT FOR REPORTING BREACHES
OF CONDUCT
If a teacher or administrator is in breach of provincial
Standards for the Education, Competence, and Professional
Conduct of Educators in B.C., the Owner/Operator must
report this breach to both the Commissioner for Teacher
Regulation and the Director of International Education.
Furthermore, as described in certification agreements,
if a teacher or administrator is suspended or dismissed
for misconduct, including causing harm to a student, the
Owner/Operator must report the suspension or dismissal
immediately to that individual, the Commissioner for
Teacher Regulation, and the Director of International
Education.
COMPLAINTS AGAINST ADMINISTRATORS
OR TEACHERS
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1.1 | 1.2 | 1.3 | 1.4 | 1.5 | 1.6
If the Ministry receives a complaint regarding the conduct
or competence of an offshore teacher or administrator, it
will follow the B.C. Teacher Regulation Branch’s complaints
process. Additional information on how to submit a report
or complaint to the Commissioner for Teacher Regulation
is available at www.bcteacherregulation.ca/
ProfessionalConduct/ComplaintsReports.aspx.
19
Requirements for the Recruitment and
Employment of Administrators and Teachers
The Owner/Operator is responsible for the recruitment and hiring of B.C. certified administrators and teachers, and must
adhere to all relevant local human rights and employment standards legislation.
EMPLOYMENT CONTRACTS
Employment contracts between administrators and teachers
and Owners/Operators should clearly outline the terms
of employment, including the following information (as
applicable):
·
duties, responsibilities and accountabilities
·
teaching/administration assignment
·
hours of work
·
length of the school day and school year, including
key dates, events and special functions
·
commitment to professional development
·
salary and benefits
·
travel and accommodation arrangements provided,
including moving expenses if applicable
·
availability of instructional supplies
·
other employment terms and conditions that may be
relevant (e.g., applicable visa/work permit requirement,
contract renewal/termination process, overtime, bonuses
and others)
1.1 | 1.2 | 1.3 | 1.4 | 1.5 | 1.6
The Owner/Operator may wish to provide information to
administrators and teachers to ensure they are properly
informed of what to expect when living and working in the
host country. The Ministry expects that all parties will abide
by all contractual arrangements.
20
Administrators and teachers are responsible for due
diligence when entering into an employment contract. The
Owner/Operator is responsible for ensuring that disputes
over contracts are dealt with through the school's dispute
resolution process. For more information, see “Dispute
Resolution Process,“ page 21.
B.C. GLOBAL EDUCATION PROGRAM · OPERATING MANUAL
ADMINISTRATOR AND TEACHER CONSENT
REQUIREMENTS
Administrators and teachers must provide consents for
the collection, use and disclosure of relevant personal
information as outlined in certification agreements.
If at any time an administrator or teacher withdraws his
or her consent, as described above, the Owner/Operator
must suspend the employment of that individual immediately,
and notify the Commissioner for Teacher Regulation and
the Director of International Education.
EMPLOYMENT OF PRINCIPALS AND VICEPRINCIPALS
Owners/Operators must employ a qualified Principal at all times.
At the time the Principal is hired, he or she must have the
following qualifications:
·
be fluent in English
·
hold a valid British Columbia Certificate of Qualification
or an Independent School Subject-Restricted Teaching
Certificate
·
be affiliated with the Owner/Operator only through their
employment contract with the B.C. Offshore School
·
have a least one year of experience working at a
principal or vice-principal level and
·
have a minimum of three years of teaching experience,
preferably in a British Columbia school.
If a prospective Principal does not have at least one year of
experience working at a principal or vice-principal level, or
is missing any of these requirements, the Owner/Operator
is required to contact the Ministry to request approval at
International.Education@gov.bc.ca.
Vice-Principals must also hold a valid Certificate of Qualification
or an Independent School Subject-Restricted Teaching Certificate
from the B.C. Teacher Regulation Branch and have a minimum of
2 years teaching experience in a B.C. independent school.
Administrator and Teacher Evaluation
and Professional Development Requirements
The Owner/Operator is responsible for ensuring that administrators and teachers undergo rigorous evaluations on
a regular basis, and that the results of these evaluations factor into decisions regarding the frequency and type of
professional development activities provided for each individual.
Each administrator and teacher must be provided a minimum of two days of professional development per year
(preferably more frequently) in order to ensure that administrators and teachers remain current with the B.C. curriculum
and associated teaching strategies and have the opportunity to update and/or improve their professional practice
as needed.
Administrator and teacher evaluation results and professional development activities must be documented in the school’s
files for each individual. This information may be reviewed as part of the Ministry’s annual inspection process.
Dispute Resolution Process
An Owner/Operator must develop and implement a formal process for resolving disputes. It is the Ministry’s expectation
that the school dispute resolution process is the primary mechanism for resolving disputes between:
·teachers
·
teachers and administrators
·administrators
·
teachers or administrators and the Owner/Operator
Complaints and Compliance Process
The Province may investigate or act on any complaint or information regarding a pre-certified or certified school.
Owners/Operators are expected to respond to requests from the Ministry concerning complaints.
INFORMING OTHER CANADIAN JURISDICTIONS
When the Province validates a complaint about a school, the Province may discuss the complaint and share information
with education authorities in other Canadian jurisdictions.
The Ministry may inspect the school facility to investigate a complaint or to determine whether the Owner/Operator
is complying with agreement/program requirements.
B.C. GLOBAL EDUCATION PROGRAM · OPERATING MANUAL
1.1 | 1.2 | 1.3 | 1.4 | 1.5 | 1.6
UNSCHEDULED COMPLIANCE OR COMPLAINT INSPECTION
21
LEARNING AUDITS
If the Ministry has concerns about the quality of the education being delivered at a school, the Ministry may perform a
comprehensive learning audit of the school facility at the Owner/Operator’s expense.
If required, a team of Ministry-appointed officials will perform a thorough onsite audit of all aspects of the education
program, including but not limited to
·
student admissions
·
student evaluation
·
administrative practices
·
policies that impact the quality of education programs
·
quality of supplementary educational supports to students (e.g., English language learning instruction)
·
implementation of the curriculum
·
teacher qualifications
·
teaching methods
·
student achievement
PROBATIONARY STATUS
SCHOOL DECERTIFICATION
When a School is deemed out of compliance, the Ministry
will provide written notice to an Owner/Operator outlining
the compliance issues and the time line within which
compliance is expected. The Ministry may request a plan
from the Owner/Operator outlining how it will comply by
a date as specified by the Ministry.
The Ministry may terminate its agreement with the Owner/
Operator in any of the following situations:
1.1 | 1.2 | 1.3 | 1.4 | 1.5 | 1.6
If an Owner/Operator does not bring itself or the school’s
operations into compliance by the Ministry’s specified date,
the Ministry will place the school on probationary status
and publish this information on its website.
22
If the school is placed on probationary status, the Owner/
Operator must notify all students and their parents that
the school has been placed on probationary status and
may lose its certification. If the Owner/Operator cannot
demonstrate to the Ministry that it will bring itself into
compliance, the school will lose its certification and
the Ministry’s agreement with the Owner/Operator will
be terminated.
B.C. GLOBAL EDUCATION PROGRAM · OPERATING MANUAL
·
the Owner/Operator fails to comply with agreement/
program requirements as outlined in this operating
manual and certification agreements
·
the Owner/Operator fails to pay the required fees or
cover relevant expenses
·
the Owner/Operator fails to implement any changes
required by the Ministry as a result of an inspection,
learning audit or complaints review process
·
it is found that the Owner/Operator has provided
false or misleading information or documents to
the Ministry
·
a financial, administrative or operational change
occurs which results in the Owner/Operator no longer
being able to fulfill its obligations to the Ministry
1.6 EDUCATIONAL REQUIREMENTS AND EXPECTATIONS FOR OFFSHORE SCHOOLS
·
the Owner/Operator fails to provide an educational program that meets the provincial requirements
·
the ownership of the School is changed without notice to or authorization by the Ministry
If the Ministry revokes a school’s certification, the school will be removed from all Ministry publications, including the
Ministry’s website. Students in the school will not be able to complete their studies unless they transfer to another
offshore school or to a K-12 public or certified independent school within B.C.
The Ministry may also pursue damages of up to $10,000 from the Owner/Operator if an agreement is
terminated early.
The Owner/Operator of a decertified school must comply if a student requests that his/her records be transferred to
another offshore school or a K-12 public or certified independent school within B.C.
SUBMITTING A COMPLAINT ABOUT AN OFFSHORE SCHOOL
Complaints regarding offshore schools may be submitted to the Ministry in writing, by either email or regular mail to:
B.C. Ministry of Education
International Education Branch · PO Box 9146
Victoria, British Columbia · V8W 9H1
Email: International.Education@gov.bc.ca
1.1 | 1.2 | 1.3 | 1.4 | 1.5 | 1.6
B.C. GLOBAL EDUCATION PROGRAM · OPERATING MANUAL
23
Educational Requirements and
Expectations for Offshore Schools 1.6
Owners/Operators are responsible for meeting the educational requirements for offshore school students as described
in the following:
·
Pre-Certification Agreement or Certification Agreement
·
Operating Manual for Offshore Schools
·
Offshore Schools Provincial Examination Schedule
·
Offshore Schools Transcript and Exam Requirements
Grades Offered
The education program offered by the Owner/Operator must commence between Kindergarten and Grade 8.
Student Admission
Students must enter the program between Kindergarten and Grade 8, and must be enrolled on a full-time basis. If
the laws of the jurisdiction in which the school operates prohibit students from enrolling before Grade 8, an Owner/
Operator may request approval from the Province to allow students to enter after Grade 8. In this case, students may not
commence the program after Grade 10. They must also be provided with additional English Language Learner supports
to enable success in the program.
Students who have previously been instructed in English on a full-time basis may be admitted after Grade 8, provided
that they have met all English language requirements as identified on page 26.
Minimum Enrolment
1.1 | 1.2 | 1.3 | 1.4 | 1.5 | 1.6
Owners/Operators must make reasonable efforts to maintain a minimum enrolment requirement of 60 full-time students
per grade. This level of enrolment ensures that the school is able to deliver a full complement of courses under the B.C.
curriculum while ensuring a quality learning experience for students.
24
Applicants must be able to clearly demonstrate prospective enrolment of at least 60 full-time students per grade within
three years from the time the school opens. Owners/Operators must confirm that annual enrolment targets are being
met as part of their annual reporting and inspection processes.
B.C. GLOBAL EDUCATION PROGRAM · OPERATING MANUAL
Delivery of the B.C. Curriculum
Owners/Operators are responsible for ensuring that the delivery of the B.C. curriculum meets all requirements of
pre-certification and certification agreements. This includes ensuring that
·
the subject, instructional time, and learning outcome requirements included in Sections 1–6 of the Educational
Standards order are met www.bced.gov.bc.ca/legislation/schoollaw/j/m41-91.pdf
·
the education program is operating in a manner that is consistent with the intellectual, human and social
development, and career development goals identified in Part C of the Statement of Education Policy Order for B.C.
www.bced.gov.bc.ca/legislation/schoollaw/d/oic_1280-89.pdf
More information on the B.C. curriculum, including curriculum documents and support materials can be found at:
www.bced.gov.bc.ca/irp/welcome.php.
MINISTRY CURRICULUM COPYRIGHT
The Ministry owns the copyright on all educational material licensed to the Owner/Operator under program agreements,
including all curriculum documents, support materials, and other education-related materials provided to Owners/
Operators by the Ministry.
Graduation Program
Students in an offshore school who successfully complete the requirements of the B.C. Graduation Program receive a
British Columbia Certificate of Graduation, or “Dogwood Diploma.“
The requirements of the Graduation Program include successful completion of specified courses in Grades 10, 11 and
12. These courses and other graduation requirements are described in the Handbook of Procedures for the Graduation
Program. Note: the following sections of the handbook do NOT apply to offshore schools:
·
Adult Graduation
·
Independent Directed Studies
·Challenge
·
Locally Developed Courses (distinct from BAA courses)
·
Dual Credit and Post-Secondary Courses
·Homeschooling
·
Equivalency*
·
Provincial Awards Program
·
External Credentials
·
School Completion Certificate Program
·
French Language Exams
B.C. GLOBAL EDUCATION PROGRAM · OPERATING MANUAL
1.1 | 1.2 | 1.3 | 1.4 | 1.5 | 1.6
*Equivalency may be granted as per the International Student Graduation Credit Policy
25
English Language Proficiency
Students in B.C. certified schools are required to have sufficient proficiency in English to meet B.C. curriculum standards.
ENGLISH LANGUAGE ASSESSMENT
Students who enter an offshore school after Grade 7 must receive an English language assessment before being
admitted to the school. The assessment must be directly administered by the Principal, or the Principal must directly
supervise a B.C. teacher in administering the assessment.
Owners/Operators, in collaboration with Principals, are responsible for ensuring that the following tools are used when
assessing the English language capabilities of prospective students:
English as a Second Language Learners: A Guide for ESL Specialists
www.bced.gov.bc.ca/esl/policy/special.pdf; and
English as a Second Language Standards
www.bced.gov.bc.ca/esl/standards.pdf.
If a student does not meet the minimum English language requirements for entry into the B.C. program (after Grade 7),
the Owner/Operator must ensure that the student receives the necessary English-language learning supports.
Each student‘s English language assessment results and the supplementary supports provided must be included in the
student's record. The assessment results and admission decision must be signed-off by the Principal. This information
will be reviewed as part of the Ministry’s inspection process.
ENGLISH LANGUAGE SUPPORTS
Owners/Operators must ensure that once students enter the B.C. program, they are provided with the necessary
supports to continue developing their English language capabilities.
Additional information and resources regarding the development and delivery of supports to English Language Learners
can be found here: www.bced.gov.bc.ca/esl/.
1.1 | 1.2 | 1.3 | 1.4 | 1.5 | 1.6
BOARD/AUTHORITY AUTHORIZED ENGLISH COURSES
26
Owners/Operators may develop their own Board/Authority Authorized (BAA) English language learning courses for
elective credit toward graduation. Students may take up to three BAA English language learning courses, for a maximum
of 12 credits toward graduation (see page 30 for more information on BAA courses and requirements).
B.C. GLOBAL EDUCATION PROGRAM · OPERATING MANUAL
Student Achievement
Owners/Operators are responsible for the academic achievement of the students in their school. Students must meet
the Prescribed Learning Outcomes for each B.C. course offered.
Owners/Operators are responsible for:
·
developing a comprehensive overview for each course offered; these must include
» course content
» teaching strategies
» assessment methods clearly linked to the Prescribed Learning Outcomes.
·
having in place rigorous student assessment processes
·
documenting student achievement
·
planning and facilitating the delivery of educational supports to students as needed
·
ensuring there are no significant discrepancies between student course marks and provincial exam results
·
ensuring the Ministry’s Performance Standards are used as an assessment tool for students as applicable
(www.bced.gov.bc.ca/perf_stands).
Provincial Examinations
ELIGIBILITY TO WRITE PROVINCIAL EXAMS
Students in certified offshore schools are eligible to write provincial examinations once their school meets the
requirements set out in the Transcript and Examination Requirements for Offshore Schools.
Once a school is certified, it must obtain Personal Education Numbers from the Ministry. Students at pre-certified schools
will not be issued PENs and are not eligible to write provincial exams. Students in newly certified schools may write
exams in the school year following the school's certification.
1.1 | 1.2 | 1.3 | 1.4 | 1.5 | 1.6
B.C. GLOBAL EDUCATION PROGRAM · OPERATING MANUAL
27
PROVINCIAL EXAM REQUIREMENTS
All offshore students must write the following core examinations in all courses that are provincially examinable,
including:
·
·
·
·
·
Language Arts 10
Science 10
Mathematics 10
Social Studies 11/12
Language Arts 12
If a student's score on a provincial exam is 25 per cent or more lower than his or her course grade, then the exam score
will be recorded as the student's final grade.
Provincial exams are written once the student has successfully completed the course. Students have three years
to complete a provincial examination from the time they complete the course.
PROVINCIAL EXAM REWRITES AND SUPPORTS
Students are permitted one provincial examination rewrite. Provincial exam rewrites are a means for students to
improve an exam score.
Principals must not schedule a “pre-write“ examination for students as a means of preparing them for a provincial
examination.
Additional provincial exam supports are available to assist students with specific learning needs, including support
for English-language learners. Supports include sample provincial exams and answer keys. These can be found at
www.bced.gov.bc.ca/exams/search
EXAM INVIGILATION
Owners/Operators are required to adhere to the Ministry’s guidelines for conducting examinations
(see www.bced.gov.bc.ca/exams/handbook and School Secure Website at
www.bced.gov.bc.ca/exams/tsw/princ_terms.jsp for more information).
1.1 | 1.2 | 1.3 | 1.4 | 1.5 | 1.6
If the Ministry has concerns about an offshore school’s exam invigilation, it may appoint an official to travel to the
school to oversee the invigilation of the exams. The Owner/Operator must cover the expenses of Ministry-appointed
examination official(s).
28
PROVINCIAL EXAM SCHEDULE
Offshore schools write provincial examinations according to the Offshore Schools Provincial Examination Schedule,
which is updated annually.
B.C. GLOBAL EDUCATION PROGRAM · OPERATING MANUAL
TECHNOLOGY REQUIREMENT
Owners/Operators are required to have in place adequate technology, based on their student enrolment, to enable all
eligible students to write exams at the same time. Owners/Operators are required to plan sufficiently to accommodate
all students in writing exams within the exam timetable or as otherwise directed by the Ministry.
ADDITIONAL INFORMATION ON PROVINCIAL EXAMS
Additional information on exams and current B.C. Graduation Program requirements, including the Handbook
of Procedures for the Graduation Program, can be found at the following links:
www.bced.gov.bc.ca/graduation/grad_certificate.htm
www.bced.gov.bc.ca/exams/
Course Equivalency
Offshore students are eligible to receive course credit through equivalency reviews. Owners/Operators awarding
equivalency credit do not require prior approval from the Ministry of Education. Owner/Operators are required to have
an educator review the learning outcomes of the courses for the 80% match with B.C.’s Prescribed Learning Outcomes
and document it on the student’s file and the data must be entered correctly into TRAX.
EQUIVALENCY FOR MINISTRY-DEVELOPED LANGUAGE COURSES
B.C. certified offshore school students who have completed one or more years of language arts education in an
international education jurisdiction during the last year of elementary school or at the junior secondary level where
the language of instruction was one in which B.C. has a ministry-developed language course can receive credit for an
equivalent language course at the Grade 10, 11 or 12 level, as shown in the table below.
PRIOR DOCUMENTED LEARNING
EQUIVALENCY CREDIT
One year of documented language arts education in the
last year of elementary education
Grade 10
One year of documented language arts education at the
junior secondary level
Grade 11
Two or more years of documented language arts
education at the junior secondary level
Grade 12
Handbook of Procedures, Chapter 2: B.C. Language Courses Completed in International Educational Jurisdictions
B.C. GLOBAL EDUCATION PROGRAM · OPERATING MANUAL
1.1 | 1.2 | 1.3 | 1.4 | 1.5 | 1.6
Ministry-developed Grade 10, 11 and 12 international language courses that have integrated Resource Packages (IRPs)
and that are eligible under this policy include American Sign Language, Arabic, Croatian, French, German, Italian,
Japanese, Korean, Mandarin Chinese, Punjabi, Russian and Spanish.
29
EXAMPLE OF LANGUAGE EQUIVALENCY CREDIT
For example, a student who completed Grade 7, 8 and 9 in Costa Rica with instruction in Spanish could receive credit
for Spanish 10, 11 and 12. The school would report credit for SP 10, SP 11 and SP 12, with an E in the Course Type field.
The school would submit a school percentage using the student's language arts marks from Costa Rica.
Note: Schools must maintain clear equivalency records indicating compliance with the policy.
Course Challenge
Offshore students may challenge most Ministry-developed and BAA courses, provided they complete the Challenge
process. The courses for which International students may not Challenge are listed in the International Student
Graduation Credit policy on the Ministry’s web site and below for convenience.
The following courses may not be challenged:
Language Arts 10, 11 and 12
Mathematics 12
Planning 10
Science 12
Social Studies 11 (or Civic Studies 11 or B.C. First Nations Studies 12)
In addition, students cannot challenge Graduation Transitions. Please see the International Student Graduation
Credit Policy for further details.
http://www2.gov.bc.ca/gov/content/education-training/administration/legislation-policy/publicschools/international-student-graduation-credit
Board/Authority Authorized (BAA) Courses
The Ministry of Education has aligned the B.C. Offshore School BAA course process with the Ministry’s B.C. onshore
practice. Beginning in the 2015/16 school year, B.C. Offshore School Principals are responsible for ensuring that the
BAA courses offered in Offshore Schools are in compliance with all the requirements set out in the Board/Authority
Authorized Course Order M285/04 and the Board/Authority Authorized Courses Requirements and Procedures
Guidebook.
1.1 | 1.2 | 1.3 | 1.4 | 1.5 | 1.6
B.C. Offshore Schools are required to submit the BAA Course Form and the BAA Course Framework to the Ministry’s
Director of International Education at International.Education@gov.bc.ca a minimum of six months prior to the
course being offered and to maintain the required documentation on the offshore school file for inspection.
30
B.C. GLOBAL EDUCATION PROGRAM · OPERATING MANUAL
Exempted Courses
In B.C. certified schools, the B.C. curriculum must be delivered in English by teachers holding a valid British Columbia
Certificate of Qualification.
With the Ministry’s approval, an Owner/Operator may deliver the following courses in a language other than English by
a locally-certified teacher. The Ministry refers to these courses in the offshore setting as “exempted courses.“ Exempted
courses may count for no more than 20 of the 28 elective credits required for graduation.
Course
PE 10-12
Requirements
Must meet BAA or Ministry
course requirements
Fine Arts 10-12
Language
Credit Limits
No combination of
exempted courses may
count for more than 20
credits
Career max. of 12 credits;
up to 4 credits per grade
(10, 11 and 12); max. 4
language credits per year
Must meet BAA course
requirements
Local History
Local Culture
Maximum 4 credits
Maximum 4 credits
To receive an exemption, an Owner/Operator must submit a written request to the Ministry of Education's Director,
International Education, along with a detailed course outline (written in English), at least six months prior to course
delivery.
Exemptions are not required for courses in the language of the country of origin when taught by a locally-certified
teacher. B.C. Offshore Schools are required to report the course in the Inspection Catalogue and maintain course outlines
and local teaching certificates in Offshore School files for inspection.
Distributed Learning (DL)
Students in offshore schools may take courses through Distributed Learning (DL). To be eligible, courses must be offered
by the Ministry-approved Distributed Learning Provider identified in B.C. Global Education Program agreements Schedule G.
Owners/Operators are not permitted to use a DL provider other than the provider identified in certification agreements.
They are expected to maintain complete and accurate records within the student’s file of all DL courses taken by the
student.
B.C. GLOBAL EDUCATION PROGRAM · OPERATING MANUAL
1.1 | 1.2 | 1.3 | 1.4 | 1.5 | 1.6
PROVINCIALLY EXAMINABLE COURSES MAY NOT BE TAKEN THROUGH DL.
31
PROCESSES FOR SUBMITTING DL COURSE GRADES AND FINAL MARKS
1. The Ministry-approved DL provider submits final DL course marks to the offshore school. The Ministry-approved
DL provider must retain a record of the grades for at least 10 years.
2. The offshore school enters DL courses with final marks into their school administrative system so that these records
will be included in a subsequent TRAX data submission. The offshore school must retain a copy of the ministryapproved DL provider's record of student grades for at least 10 years.
3. The offshore school must enter the DL courses and marks on the Permanent Student Record. There is no need
to use equivalency, as the courses are reported using standard course codes.
4. Offshore school inspections may include a review and comparison of the Ministry-approved DL provider's grades,
the TRAX record and the Permanent Student Record.
Twinning
An educational twinning agreement is a friendly and cooperative relationship between a B.C. Offshore School and a B.C.
onshore public or independent school to enhance student achievement, promote cultural understanding and augment
professional learning.
Owners/Operators of certified offshore schools are encouraged to establish and maintain a “twinning“ relationship
between their offshore school and a K-12 public or certified independent school within B.C.
As part of the twinning relationship, the offshore school should enter into an agreement with its twin school in B.C.
Agreements may include details about collaborative activities, goals of the relationship, responsibilities of the two
schools, how the twinning partnership will be evaluated and processes for renewing the relationship.
1.1 | 1.2 | 1.3 | 1.4 | 1.5 | 1.6
Common twinning activities generally relate to curriculum and include student-to-student and class-to-class interactions,
art or music class performances, a school's cultural pursuits, student exchanges and school tours, charitable or
environmental projects and collaborative approaches to pedagogy and professional development.
32
B.C. GLOBAL EDUCATION PROGRAM · OPERATING MANUAL
Appendix A
B.C. GLOBAL EDUCATION PROGRAM – OFFSHORE SCHOOLS
PRE-CERTIFICATION AGREEMENT
THIS AGREEMENT made the Day
th day of
Month,
Year
BETWEEN:
HER MAJESTY THE QUEEN IN RIGHT OF THE PROVINCE OF BRITISH COLUMBIA,
represented by the Minister of Education (the “Province“)
OF THE FIRST PART
AND:
[@NAME OF OWNER/OPERATOR], a [@registered Society or Corporation delete the
description that does not apply for each entered Agreement], incorporated under the
,
laws of
@Certificate of Incorporation No. or @registration document No.
and having an office at
@ADDRESS
,
@CITY
@PROVINCE / STATE
(the “Owner/Operator“)
@COUNTRY
@POSTAL CODE
OF THE SECOND PART
WHEREAS:
A.
The Province has accepted the Owner/Operator’s application to begin working
towards Certification of
(@NAME OF SCHOOL)
under the British Columbia Global Education Program – Offshore Schools.
B.
4
(@NAME OF SCHOOL)
as a necessary step for the Owner/Operator to apply for Certification of the School
under the British Columbia Global Education Program – Offshore Schools.
BC GLOBAL EDUCATION PROGRAM · APPENDIX
1 • APPENDIX A
The Owner/Operator wishes to obtain authorization from the Province to offer the
B.C. Curriculum in
33
C.
The Province is prepared to permit the Owner/Operator to deliver the B.C. Curriculum
during the Agreement Term and to inspect the Owner/Operator’s operation of
(@NAME OF SCHOOL)
as a necessary step in the Province’s determination as to whether the School is
eligible for Certification under the British Columbia Global Education Program –
Offshore Schools.
NOW THEREFORE, in consideration of these premises and other good and valuable consideration (the
receipt and sufficiency of which is acknowledged by each of the parties), the parties agree as follows:
1.00DEFINITIONS
1.01
In this Agreement:
“Agreement Term” means the period set out in paragraph 2.00 of this Agreement
during which the Owner/Operator is authorized to deliver the B.C. Curriculum at the
School under this Agreement;
“Annual Report” means the report that must be submitted to the Ministry under
paragraph 13.07, in accordance with Program Requirements, including the Inspection
Catalogue and the report on the Business Plan, and the Owner/Operator’s financial
statements audited by a 3rd party that align with international accounting standards
submitted under paragraph 1 of Schedule “A”;
“Approved Distributed Learning Service Provider” means an entity listed in Schedule
“G” and approved in writing by the Province to deliver the B.C. Curriculum by
Distributed Learning as part of the educational program delivered at the School;
“Authorized Person” means a person who holds a British Columbia Certificate
of Qualification and is employed by the Owner/Operator to teach, serve as an
administrator or supervise at the School;
“British Columbia Certificate of Graduation” (Dogwood Diploma) means the
graduation certificate:
APPENDIX A • 2
34
»
in the form set out in section 2(1) and (2)(a) of Ministerial Order 164/96, the
Student Credentials Order, enacted under the School Act ;
»
that the Minister may issue under section 168(6)(a)(ii) of the School Act to
a person who has successfully met the general requirements for graduation
established by order of the British Columbia Minister of Education;
“British Columbia Certificate of Qualification” means a certificate of qualification
issued under s. 30 of the Teachers Act or continued under s. 91 of the Teachers Act,
but, for clarity, does not include any other type of certificate;
BC GLOBAL EDUCATION PROGRAM · APPENDIX
“British Columbia Curriculum” or “B.C. Curriculum” means the subject area
‘Curriculum Guide’, ‘Integrated Resource Package’ or ‘Program Guide’ referred to in
the Ministerial Order M333/99 and documents published by the British Columbia
Ministry of Education and specified as Educational Program Guides and resources in
the Ministerial Order 333/99, the Educational Program Guide Order enacted under
the School Act ;
“Business Plan“ means the plan that the Owner/Operator must, in accordance with
the Program Requirements, have submitted under paragraph 1 of Schedule “A“
as a pre-condition to entering this Agreement and must update annually under
paragraph 13.07;
(a) during the Agreement Term; and
(b) if this Agreement is renewed under paragraph 2.02;
“Certified School” means a school operating within the British Columbia Global
Education Program – Offshore Schools, that is authorized to offer the B.C. Curriculum
in educational programs leading towards a British Columbia Certificate of Graduation
under the authority of a Certification Agreement with the Province;
“Certified Agreement“ means the agreement under which a Certified School
is operated;
“Certification“ means the authorization granted by the Province to operate a
Certified School;
“Commissioner“ means the person appointed under s. 2 of the Teachers Act;
“Director, International Education” means the Director of the International Education
Branch of the British Columbia Ministry of Education;
“Distributed Learning” means a method of instruction that relies primarily on indirect
communication between Students and teachers, including internet or other electronicbased delivery, and teleconferencing or correspondence;
“Educational Material” means the British Columbia Curriculum and the Website
Materials;
“Educational Program Guide” means an educational program guide set out in
Ministerial Order 333/99, the Educational Program Guide Order, enacted under the
School Act , with the exception of those set out under subsections 1 (f) and (g);
4
BC GLOBAL EDUCATION PROGRAM · APPENDIX
3 • APPENDIX A
“Graduation Program” means the educational program in Grades 10, 11 and 12
offered at a School which has been granted Certification to offer the B.C. Curriculum
in a program that leads towards graduation with a British Columbia Certificate of
Graduation;
35
“Independent School Act“ means the Independent School Act, R.S.B.C. 1996, c. 216;
“Inspection Catalogue” means the inspection documents prepared in accordance with
the Program Requirements which the Owner/Operator must complete in support of the
Province’s inspection process;
“Inspection Report” means the final report in English prepared by the inspection team
retained by the Province to conduct the Province’s inspection process;
“Learning Audit” means a comprehensive review, conducted at the Province’s sole
discretion, by a team of educators appointed by the Province, of the quality of
educational programming delivered at the School;
“Offshore Program Consultant” means the person who has been selected by the Owner/
Operator from the Province’s pre-approved list of candidates and retained by the Owner/
Operator under paragraph 14.01;
“Offshore School Representative” means the person who has been selected by the
Owner/Operator to fulfill the duties under paragraphs 1-9 Part II of Schedule “B”, who
is not on the Ministry’s pre-approved Offshore Program Consultant list, and whose
appointment has been approved by the Director of International Education;
“Owner/Operator” means a non-governmental legal entity incorporated in the
jurisdiction in which the School will operate that is a party to this Agreement. For clarity,
the Owner/Operator must not be a government organization, a School District Business
Company, a foreign affiliate of a School District Business Company or a foreign affiliate of
an Independent School Authority under the Independent School Act ;
“Principal” means the School administrator employed by the Owner/Operator who
meets all of the requirements set out in paragraph 1 of Part III of Schedule “B” and is
responsible for all of the duties set out in paragraph 3 of Part III of Schedule “B”;
“Probationary Status” means the status imposed by the Province pursuant to paragraph
26.00 under which the Owner/Operator must demonstrate that it is operating the School
in compliance with the terms of this Agreement in a time period specified by the Province;
“Program Requirements” means the British Columbia Global Education Program –
Offshore Schools requirements established by the Province as set out in but not exclusive
to the Operating Manual, and modified from time to time in the Province’s sole discretion,
which are posted on the Ministry of Education website at the following URL:
www2.gov.bc.ca/gov/topic.page?id=8A7A13A5F553472A9A28C9B60086C68A;
APPENDIX A • 4
36
BC GLOBAL EDUCATION PROGRAM · APPENDIX
“School“ means the educational institution called
(@NAME OF SCHOOL):
(a) located in (@CITY),
in (@COUNTRY),
(b) in which the Owner/Operator provides educational programs under this
Agreement under the supervision of an Offshore Program Consultant and
Principal, or a Principal only, retained or employed, as the case may be, by
the Owner/Operator, and
(c) includes the Students, teachers and facilities associated with the provision
of the educational programs under this Agreement;
“School Age“ has the same meaning as in the School Act ; “School Age” means the
age between the date on which a person is permitted to enroll in a school and the end
of the school year in which the person reaches the age of 19 years.
“School Act“ means the School Act, R.S.B.C. 1996, c. 412;
“School District Business Company“ means a School District Business Company
incorporated pursuant to Part 6.1 of the School Act ;
“School Year” means the period beginning on July 1 in each year and ending on
June 30 in the following year unless otherwise specified by the Province;
“Student” means a person of School Age enrolled in the School;
“Student Record” means the records of information in written or electronic form
pertaining to each Student maintained by the Owner/Operator in conformity with
the requirements set out in paragraph 13.02;
“Student Report” means the report that must be prepared and maintained under
paragraph 12.01 and delivered to Students or Student’s parents under paragraph
12.02;
“Teachers Act“ means the Teachers Act, [SBC 2011] c. 19;
“Teacher Regulation Branch” means the British Columbia Teacher Regulation Branch
of the British Columbia Ministry of Education;
“Vice-Principal” means the Authorized Person retained under paragraph 15.02; and
“Website Materials” means the documents identified as ‘Curriculum Documents’ and
‘Support Materials’ and accessible at www.bced.gov.bc.ca/irp/welcome.php, or
such other internet address as the Province may advise the Owner/Operator in writing.
BC GLOBAL EDUCATION PROGRAM · APPENDIX
5 • APPENDIX A
4
37
2.00
AGREEMENT TERM
2.01
Subject to paragraph 2.02, the Agreement Term commences on the first day of the
School Year in the year in which the Agreement is executed and ends on the last day
of that School Year.
2.02
The Agreement Term may be renewed at the Province’s sole discretion for only one
additional School Year with no further renewals.
3.00
PROVINCIAL COMMITMENTS
3.01
The Province authorizes the Owner/Operator to use the Educational Materials in
accordance with the terms of this Agreement, including without limitation those terms
set out in Article 11.00.
3.02
The Province will permit the Owner/Operator to refer to the B.C. Curriculum and the
Agreement as specifically set out in paragraphs 7.02 and 7.03 to indicate that the
School is offering a program under this Agreement with the Province.
3.03
The Province will inspect the School in accordance with the terms of this Agreement
and will provide the Owner/Operator with a copy of each Inspection Report prepared
in relation to the School as soon as reasonably possible after the Province’s inspection
process under paragraph 21.00 or 22.00 has been completed.
3.04
The Inspection Report referred to in paragraph 3.03 will provide the Province with
information to support the Province’s decision making with respect to the Owner/
Operator’s eligibility to continue this agreement or apply for Certification of the School.
4.00
QUALIFICATION CRITERIA FOR OWNER/OPERATORS
4.01
The Owner/Operator represents and warrants for the purposes of paragraph 27.01(c)
that the qualification requirements set out in Schedule “A“ have been met.
4.02
Prior to entering this Agreement, or at the Province’s request the Owner/Operator must
provide the Province with:
(a) written confirmation from the appropriate government entity with paramount
responsibility for education in the jurisdiction in which the School is located
that the Owner/Operator has obtained:
(i) written approval; or
APPENDIX A • 6
(ii)a letter of no objection;
to operate the School; and
38
(b) written approval in principle from the government office identified in
paragraph 4.02(a) for the Owner/Operator to seek Certification of the School
with the Province.
BC GLOBAL EDUCATION PROGRAM · APPENDIX
4.03
The Province may at its sole discretion contact the government office identified in
paragraph 4.02(a) to confirm that the information provided by the Owner/Operator
is accurate and true.
5.00RELATIONSHIP
5.01
No partnership, joint venture, agency or other legal entity will be created by or will
be deemed to be created by this Agreement or any actions of the parties pursuant
to this Agreement.
5.02
The Owner/Operator is not a servant, employee or agent of the Province.
5.03
The Owner/Operator must not in any manner whatsoever commit or purport to commit
the Province or any of its officials or contractors to any course of action, obligation or
otherwise.
6.00
OWNER/OPERATOR’S REPRESENTATIONS, WARRANTIES AND OBLIGATIONS
6.01
The Owner/Operator represents and warrants to the Province, with the intention that
the Province will rely thereon in entering into this Agreement and throughout the
Agreement Term, that
(a) there is no law or decision of a governmental entity, which would prohibit the
Owner/Operator from entering into this Agreement with the Province;
(b) this Agreement has been legally and validly authorized and executed by the
Owner/Operator and is legally binding upon and enforceable against the
Owner/Operator in accordance with its terms; and
(c) the Owner/Operator:
(i) will directly operate the School and is solely responsible for its operation;
(ii) has the power and capacity to accept and execute this Agreement;
(iii) has the power and capacity to perform its obligations under this
Agreement and this Agreement is binding upon and enforceable against
the Owner/Operator in accordance with its terms;
(iv) does not know of any fact that adversely affects, or might adversely
affect, in a material way, the Owner/Operator’s properties, assets,
condition (financial or otherwise), business or operations or its ability to
fulfill its obligations under this Agreement;
(v) has all the rights necessary to operate the School and use the facilities
for the purposes of the School; and
(vi) will operate the School in accordance with the laws of
7 • APPENDIX A
(@COUNTRY).
4
BC GLOBAL EDUCATION PROGRAM · APPENDIX
39
6.02
All statements contained in any certificate, application or other document delivered
before or during the continuation of this Agreement, by or on behalf of the Owner/
Operator to the Province under this Agreement or in connection with the School and
the provision of an educational program under this Agreement will be deemed to be
representations and warranties by the Owner/Operator under this Agreement.
6.03
All representations, warranties, covenants and agreements made herein and all
certificates, applications or other documents delivered by or on behalf of the Owner/
Operator are material and will conclusively be deemed to have been relied upon
by the Province and will continue in full force and effect during the continuation
of this Agreement.
6.04The Owner/Operator must, if requested by the Province, provide evidence satisfactory
to the Province that the representations and warranties are true and correct and that
the Owner/Operator’s obligations under this Agreement have been met.
6.05The Owner/Operator may not transfer, sell or license the whole or portions of this
Agreement without prior written approval of the Province.
6.06Material changes to the Owner/Operator are forbidden under this Agreement without
the prior written approval of the Province. Material changes include (but are not
limited to) changes in the Owner/Operator’s governance, business, or administrative
structure, including a change to the majority shareholder or controlling interest.
7.00
INFORMATION AND PUBLIC ANNOUNCEMENTS
7.01
The Owner/Operator must ensure that:
(a) all communications, including publications and promotional materials,
accurately set out the amount of fees and other monies payable under this
Agreement to the Province; and
(b) the School’s educational program, fees, accommodation and policies
pertaining to the refund of fees or other costs are consistent with any
promotional material or other informational material published or supplied by
the Owner/Operator, including information on the Owner/Operator’s websites
and on sites that link with other programs and/or organizations.
The Owner/Operator may state in its publications that it has been granted
“approval to deliver the B.C. Curriculum” and specify that the School has “entered
a Pre-Certification Agreement with the Province under the B.C. Global Education
Program – Offshore Schools”.
APPENDIX A • 8
7.02
40
BC GLOBAL EDUCATION PROGRAM · APPENDIX
7.03
The Owner/Operator must not use a phrase other than those specified in paragraph
7.02 to denote accreditation or Certification by the Province or advertise or represent
in any way during the Agreement Term that:
(a) it or its School has achieved or will achieve Certification;
(b) it is a operating a Certified School; or
(c) it has authority to offer educational programs leading to a British Columbia
Certificate of Graduation.
8.00
CONDITIONS TO OPERATE THE SCHOOL
8.01
The Owner/Operator is solely responsible for the School and for operating the
School in compliance with all requirements under this Agreement, including without
limitation, the requirements under Schedule “B“.
8.02
The Owner/Operator must monitor and at all times remain in full compliance with the
most current version of the Program Requirements.
8.03The Owner/Operator may only operate the School during the Agreement Term unless
specified by the Province.
8.04The School approved under this Agreement is for the specific location identified in this
Agreement and is not transferrable to a new location and/or campus without prior
written approval from the Province.
8.05
The Owner/Operator must throughout the Agreement Term:
(a) comply with any direction or request made by the Province related to the
operation or administration of the School or relating to this Agreement as
soon as practically possible; and
(b) comply with all applicable laws, bylaws, orders, directions, rules and
regulations of any city, state, provincial and national government body in
(@COUNTRY)
or branch or agency thereof directly or indirectly applicable
to the Owner/Operator, the School or this Agreement.
8.06
All Student admissions decisions must be made in accordance with the Program
Requirements, including without limitation that the Owner/Operator:
(a) must not admit students to the School who do not demonstrate English
language proficiency in accordance with the Program Requirements; and
i.
4
is administered within the last calendar year;
BC GLOBAL EDUCATION PROGRAM · APPENDIX
9 • APPENDIX A
(b) must ensure that each Student has completed an English language assessment
in accordance with the Program Requirements and that:
41
ii. is approved as an assessment instrument by the Province;
iii. is administered directly by the Principal or directly by an Authorized
Person under the supervision of the Principal; and
iv. includes written verification by the Principal of Student’s results
8.07
The Owner/Operator must be able to demonstrate, to the satisfaction of the Province,
that each enrolled Student’s level of English language proficiency is adequate to
enable the prospective Student to meet or exceed the learning outcomes identified in
Educational Program Guides if the Student is admitted to the School.
8.08
The Owner/Operator must provide, as part of its educational program, support to
improve Students’ achievement in English language proficiency during the Agreement
Term as identified in the Program Requirements.
8.09
The Owner/Operator must ensure that it establishes and implements effective policies
to ensure that school grades accurately reflect each Student’s achievement in the
B.C. Curriculum and that no significant discrepancies between school grades and
examination results occur.
8.10
The Owner/Operator must ensure that it establishes and implements effective
policies and procedures, in accordance with the Program Requirements, including
without limitation, policies and procedures pertaining to student assessment, student
admissions, student discipline, student supervision and parental appeals.
8.11
The Owner/Operator must, on the commencement of the Agreement Term, establish
and implement policies and procedures, in accordance with the Program Requirements:
(a) for evaluation of Authorized Persons;
(b) professional development of Authorized Persons; and
(c) for resolution of disputes between Authorized Persons and between
the Owner/Operator and Authorized Persons.
9.00
ASSIGNMENT AND SUB-CONTRACTING
9.01
The Owner/Operator must not:
(a) assign, either directly or indirectly, this Agreement or any right of the Owner/
Operator under this Agreement; or
(b) subcontract any of the Owner/Operator’s obligations under this Agreement to
any person except as authorized under paragraph 14 and under paragraph 18.
APPENDIX A • 10
9.02
42
The subcontracting authorized under paragraph 9.01(b) does not relieve the Owner/
Operator from any obligations under this Agreement. The Owner/Operator must ensure
that:
BC GLOBAL EDUCATION PROGRAM · APPENDIX
(a) any person retained by the Owner/Operator to perform obligations under this
Agreement; and
(b) any person retained by a person described in paragraph 9.01(b) to perform
those obligations;
fully complies with this Agreement in performing the subcontracted obligations.
10.00
DELIVERY OF THE B.C. CURRICULUM
10.01
The Owner/Operator must not offer the Educational Materials, including without
limitation, the B.C. Curriculum other than as authorized under the terms of this
Agreement.
10.02The Owner/Operator must only employ Authorized Persons to:
(a) plan, evaluate and provide instruction to Students; and
(b) provide all Student progress reports under paragraph 12.02 to Students,
parents or legal guardians of Students;
unless otherwise approved in writing by the Province.
10.03
The Owner/Operator must demonstrate during the Agreement Term sufficient planning
and organization to satisfy the Province that it can operate the School and deliver the
B.C. Curriculum in accordance with the requirements set out in Part I of Schedule “B”.
LICENSE OF BRITISH COLUMBIA CURRICULUM
11.01
The Owner/Operator acknowledges and agrees that:
(a) The Province exclusively owns all intellectual property rights, including
copyright, in and to the Educational Material; and
(b) any proprietary rights not specifically granted by the
11.02
Province in this Agreement remain with the Province or its licensors, as
applicable, including without limitation copyright and trademark protection.
The Province grants to the Owner/Operator, for the term of this Agreement, a nonexclusive, non-assignable livcense to:
(a) use the Educational Material;
(b) subject to paragraph 11.03,
(i) reproduce the Educational Material in electronic or paper format; and
(ii) distribute the Educational Material to its Students,
for the sole purposes of the operation of the School and the delivery of the
B.C. Curriculum by the Owner/Operator;
11.03
The Owner/Operator acknowledges and agrees that it may reproduce and distribute
the Educational Material only in such quantities as are necessary for the purposes set
out in paragraph 11.02.
BC GLOBAL EDUCATION PROGRAM · APPENDIX
11 • APPENDIX A
4
43
11.04
Following the execution and delivery of this Agreement:
(a) the Province will provide the Owner/Operator with a copy of the Educational
Material, excluding the Website Materials, in paper or electronic form; and
(b) subject to the provisions of this Agreement, the Owner/Operator may
download the Website Materials.
11.05
The Owner/Operator acknowledges that some components of the Educational Material
include a statement that the Province is the copyright owner of such Educational
Materials, and the Owner/Operator agrees:
(a) not to change or delete any such statement; and
(b) where no such statement exists, to include on all copies of the Educational
Material the following attribution notice:
“© 2014 Province of British Columbia“.
11.06
The Owner/Operator will be solely responsible for all costs of using, reproducing and
distributing the Educational Material.
11.07The Owner/Operator acknowledges that:
(a) it may require educational resources in addition to the
Educational Material for the delivery of the B.C. Curriculum; and
(b) it is solely responsible for obtaining all such additional
educational resources, in a manner that complies with
all applicable laws, including without limitation copyright law.
11.08 Immediately upon the expiry or sooner termination of this Agreement, the Owner/
Operator will:
(a) cease using, reproducing and distributing the Educational Material;
(b) delete all electronic copies of the Educational Material from its operating
environment; and
APPENDIX A • 12
(c) destroy all hard copies of the Educational Material in its possession or control.
44
12.00
STUDENT PROGRESS REPORTS
12.01
The Owner/Operator must establish and maintain, to the satisfaction of the Province,
an assessment and evaluation program that:
(a) demonstrates Student progress in achieving intellectual, human, social and
career development in accordance with the Program Requirements and the
requirements set out in sections 1 to 9 of the Ministerial Order M191/94,
the Student Progress Report Order enacted under the School Act, with the
exception of the definition of “curriculum” in s. 1 of that Order;
(b) is in compliance with paragraph 8.09; and
(c) accurately demonstrates Student progress in the B.C. Curriculum.
BC GLOBAL EDUCATION PROGRAM · APPENDIX
12.02
The Owner/Operator must provide a Student Report to the Student and the Student’s
parent or guardian, in accordance with paragraph 10.02 and 12.01, that reflects all
of the B.C. Curriculum in which the Student is enrolled in a School Year, including
indicating which parts of the B.C. Curriculum have been or are scheduled to be taken
through Distributed Learning.
13.00
SCHOOL RECORDS AND REPORTS
13.01
The Owner/Operator must establish and maintain, in English, accurate and current
records, in accordance with
a) this paragraph,
b) the requirements set out in Part IV of Schedule “B“, and
c) the Program Requirements
and must permit the Province, or a person designated by the Province, at any time or
times during normal School hours, to copy and inspect any and all records.
13.02
The Owner/Operator must keep the following records for the stated period of time
(a)the Annual Reports: a minimum of 10 years;
(b) Student Records:
i) Permanent Student Record to be retained for a minimum of 55 years
ii) Other Student Records to be retained for a minimum of 10 years;
(c) records with respect to each Authorized Person employed in the School,
including without limitation, police records checks from all jurisdictions in
which the Authorized Person has previously resided and with respect to all
professional development activities of the Authorized Person: minimum of
10 years; and
(d) records with respect to the operation of the School: minimum of 10 years.
13.03
In accordance with the Program Requirements, the Owner/Operator must maintain
a Student Record for each Student enrolled in the School, in both English and the
language of the jurisdiction in which the School is situated.
13.04
Each Student Record under paragraph 13.03 must contain the following and must be
retained for the stated period of time:
(a) the Student’s Personal Education Number (minimum 55 years)
(b) results of the English language assessment, including written verification by
the Principal of Students’ results, required under paragraph 8.06 and 8.07 and
any supplementary English language supports provided (minimum 10 years);
(d)signed consent forms required under paragraph 13.06 (minimum 10 years);
4
BC GLOBAL EDUCATION PROGRAM · APPENDIX
13 • APPENDIX A
(c) records related to the B.C. Curriculum delivered by Distributed Learning taken
or scheduled for each Student (minimum 10 years);
45
(e) the Permanent Student Record as established under Ministerial Order 082/09,
the Permanent Student Record Order, enacted under the School Act, including
without limitation all documents referenced in section 2(a)(ii) of that Order
(minimum 55 years);
(f)demonstrate compliance with paragraph 8.09 (minimum 10 years); and
(g) any other records relating to the Student in the custody and control
of the Owner/Operator (minimum 10 years).
13.05
Subject to the laws of
(@COUNTRY),
the Owner/Operator must, at the time the Province requires, deliver to the Province,
or a person designated by the Province, such written reports, statements, information
and data in English and in the form and with the content satisfactory to and prepared
by a person acceptable to the Province.
13.06
Where the Province requests that a person with specified credentials prepare a report,
the Owner/Operator must ensure that this direction is complied with and the report is
prepared in English and in accordance with the Province’s directions.
13.07
The Owner/Operator must submit its Annual Report to the Province including, without
limitation:
(a) the completed Inspection Catalogue on or before September 30 of the School
Year;
(b) a report on its Business Plan on or before September 30 of the School Year;
and
(c) the Owner/Operator’s financial statements audited by a 3rd party that align
with international accounting standards on or before November 30th of the
School Year.
submitted under paragraph 1 of Schedule “A“.
13.08
The Owner/Operator acknowledges that the Province is required to comply with the
Freedom of Information and Protection of Privacy Ac t, R.S.B.C. 1996, c. 186, and that
this Agreement may require the collection, use and disclosure of relevant personal
information about Students enrolled in the School and Authorized Persons employed
in the School. The Owner/Operator is responsible for obtaining written consents in the
form required by the Province of each:
APPENDIX A • 14
(a) Authorized Person;
46
(b) Student in grades 10 to 12; and
(c) parent or legal guardian of Students in Kindergarten and grades 1 to 9
BC GLOBAL EDUCATION PROGRAM · APPENDIX
for the disclosure of personal information to the Province as required under this
Agreement and for storing and accessing this information outside of Canada. The
Owner/Operator must keep the written consent in each Student’s Student Record
and each Authorized Person’s file.
14.00
OFFSHORE PROGRAM CONSULTANT AND LIAISON
14.01
Subject to the Province’s direction that the Owner/Operator must, the Owner/Operator
may, during the Agreement Term retain, in accordance with the requirements set out in
Part II of Schedule “B“, an Offshore Program Consultant selected from the Province’s
list of pre-approved candidates.
14.02
The Owner/Operator must advise the Ministry if it comes to the Owner/Operator’s
attention that an Offshore Program Consultant or a liaison (as described in Part II of
Schedule “B“) is acting in a manner that is inappropriate or gives rise, either directly or
indirectly, to any pecuniary or non-pecuniary conflict of interest or the perception of a
conflict of interest, in relation to the performance of the duties under this Agreement.
15.00
PRINCIPAL
15.01
The Owner/Operator must employ a Principal for the School during the Agreement
Term in accordance with the requirements set out in Part III of Schedule “B”.
15.02
The Owner/Operator may employ a Vice Principal to support and assist the Principal,
under the direction of the Principal, in fulfilling the duties under paragraph 3(b) of
Part III of Schedule “B”. A Vice Principal cannot assume the functions of the Offshore
Program Consultant.
15.03
Where a Vice Principal has been employed under paragraph 15.02, the Principal
remains responsible for administration and supervising the School and exercises
paramount authority within the School with respect to the duties set out under
paragraph 3 of Part III of Schedule “B”.
16.00
TEACHERS
16.01
The Owner/Operator must ensure that Authorized Persons, and only Authorized
Persons are employed to teach at the School in accordance with the requirements
set out in Schedule “C“.
17.00
REPORT OF DISMISSAL, SUSPENSION OR DISCIPLINE REGARDING TEACHER
17.01
The Owner/Operator agrees that the Province may:
(b) establish a list that identifies the Owner/Operator as an employer of the
employees.
4
BC GLOBAL EDUCATION PROGRAM · APPENDIX
15 • APPENDIX A
(a) maintain the complete list of all the Authorized Persons employed by the
Owner/Operator during the previous 12 month period, submitted as part of
the reporting requirement under paragraph 13.07, for at least 10 years; and
47
17.02
The Owner/Operator must:
(a) obtain written consent required under paragraph 13.08 in the form required
by the Province from each Authorized Person; and
(b) ensure that the consent form is included in the file for the Authorized Person
and is available for inspection by the Province.
17.03
If an Authorized Person revokes or otherwise withdraws their consent under
paragraphs 13.08, the Owner/Operator must immediately:
(a) suspend the employment of that Authorized Person in the School; and
(b) advise the Director of International Education and the Commissioner of the
revocation or withdrawal of the Authorized Person’s consent.
17.04
If the Owner/Operator or the Principal:
(a) suspends or dismisses an Authorized Person, including the Principal, for
misconduct that involves:
(i) physical harm to a student or minor;
(ii) sexual abuse or sexual exploitation of a student or minor; or
(iii) significant emotional harm to a student or minor, it must without delay
send a report regarding the dismissal suspension or disciplinary action;
(A) to the Director of International Education and the Commissioner;
(B) to the Authorized Person; and
APPENDIX A • 16
(C) the report must be in writing, signed by the Principal and include
reasons for the action taken by the Principal or Owner/Operator.
48
17.05
If the Owner/Operator or the Principal considers any conduct by or competence of
an Authorized Person, including the Principal, to be in breach of the standards of
professional conduct or competence established by the B.C. Teachers’ Council under
section 9 of the Teachers Act, the Owner/Operator or the Principal must send to
the Director of International Education and the Commissioner a report, in writing,
regarding that conduct or competence and must send a copy of the report to the
Authorized Person.
17.06
An Owner/Operator or Principal who has made a report to the Director of International
Education and the Commissioner in respect of an Authorized Person under this
paragraph 17.00 must, without delay after being requested to do so by the Director
of International Education or the Commissioner, provide the Director of International
Education and the Commissioner and the Authorized Person a copy of all of the records
available to the Owner/Operator or the Principal that relate to the matter in respect of
which the report was made.
BC GLOBAL EDUCATION PROGRAM · APPENDIX
17.07
If an Authorized Person, including the Principal, resigns from the employment with the
Owner/Operator under circumstances that suggest misconduct or incompetence under
the Teachers Act, the Owner/Operator must, without delay:
(a) report the circumstances of the resignation to the Commissioner;
(b) send a copy of the report to the Authorized Person; and
(c) send a copy of the report to the Director of International Education.
18.00
SERVICE PROVIDER for DISTRIBUTED LEARNING
18.01
Subject to the written approval of the Province, the Owner/Operator may contract
with a Approved Distributed Learning Service Provider listed in Schedule “G” for the
delivery of the B.C. Curriculum for which there is no Provincial Examination as a part
of the Student’s educational program at the School, provided that the terms and
conditions in the Owner/Operator’s contract with the Approved Distributed Learning
Service Provider:
(a) are consistent with and in compliance with this Agreement; and
(b) meet or exceed all the requirements of the Distributed Learning standards as
referred to in paragraph 18.02.
18.02
The Owner/Operator acknowledges and agrees that the Province requires the
Approved Distributed Learning Service Provider to meet or exceed the Distributed
Learning standards established by the Province and as amended from time to time
and found at:
www.bced.gov.bc.ca/dist_learning/documents/dlstandards.pdf
The Owner/Operator agrees that it is bound by such Distributed Learning standards,
as amended from time to time.
18.03
If the Owner/Operator becomes aware of any breaches of the Distributed Learning
standards with respect to the delivery of the B.C. Curriculum by way of Distributed
Learning that are part of its educational program at the School, it must immediately
take steps to rectify the breach and must immediately notify the Province of the breach
and the steps being taken to rectify.
18.04
If the Owner/Operator is not able to rectify any breaches of the Distributed Learning
standards to the satisfaction of the Province, the Province may at its sole discretion
revoke authorization to deliver any of the B.C. Curriculum at the School through
Distributed Learning.
19.00
FACILITIES, GROUNDS AND EQUIPMENT
19.01
The Owner/Operator is responsible for:
(a) ensuring that local health and safety standards in respect of the operation
of the School are met;
4
BC GLOBAL EDUCATION PROGRAM · APPENDIX
17 • APPENDIX A
49
(b) ensuring that the facilities, grounds and equipment used in conjunction with
the operation of the School meet local building code and health and safety
standards; and
(c) any damages or other type of compensation arising as a result of any liability
related to facilities, grounds, equipment or operation of the School.
The Owner/Operator acknowledges and agrees that the Province does not assume
responsibility for these matters.
19.02
The facilities, grounds and equipment used in the operation of the School must, in
the opinion of the Province, be adequate for the operation of a School under the B.C.
Global Education Program – Offshore Schools.
20.00FEES
20.01The Owner/Operator must pay all fees and cover all expenses outlined in Schedule “E“.
21.00
ANNUAL INSPECTION AND PAYMENT FOR INSPECTION
21.01
This Agreement is terminated and the Owner/Operator’s authorization to operate the
School ceases at the end of the Agreement Term unless:
(a) the Province has conducted an inspection of the School in accordance with
paragraphs 1 to 12 of Schedule ‘D’ during the Agreement Term;
(b) the Inspection Report provided to the Province in respect of the inspection
referred to in subparagraph (a) recommends continuation of this Agreement
or that the Owner/Operator is eligible to apply to enter a Certified School
Agreement, with or without conditions;
(c) the Owner/Operator, in the opinion of the Province continues to comply with
the terms and conditions of this Agreement and continues to meet or exceed
the requirements in this Agreement; and
APPENDIX A • 18
(d) the Province determines at its sole discretion that the Agreement Term should
be renewed in accordance with paragraph 2.00 or that the Owner/Operator
is eligible to apply to enter a Certified School Agreement, with or without
conditions, is granted.
50
22.00
ADDITIONAL INSPECTION PROCESSES
22.01
In addition to the annual inspection under paragraph 21.00, the Province may conduct
additional inspections at any time, with or without notice, during the Agreement Term.
22.02
The Owner/Operator will not pay for the costs of inspections conducted without prior
notice (i.e., unannounced inspections).
22.03
The Province may perform a Learning Audit at any time during the Agreement Term
if it has concerns about the quality of educational programming and/or Student
achievement.
BC GLOBAL EDUCATION PROGRAM · APPENDIX
22.04
The Owner/Operator is responsible for the additional expenses for Learning Audits
under paragraph 22.03, as outlined in the fees and expenses specified under
Schedule “E”.
22.05
The Province may appoint a chief inspector to plan, supervise and administer
inspections under paragraphs 21.00 and 22.00 at its sole discretion.
22.06
The Province may publish inspection reports that result from paragraphs 21.00 and
22.00 to the Ministry of Education’s website.
23.00
ENTERING A CERTIFIED SCHOOL AGREEMENT
23.01
The Province at its sole discretion will determine whether the Owner/Operator may
enter a Certified School Agreement, after:
(a) determining if the Owner/Operator is in compliance with the terms and
conditions of this Agreement;
(b) conducting an inspection of the School under paragraph 21.00 to assess
whether, in the Province’s opinion, the Owner/Operator is eligible to apply
to enter a Certified School Agreement, with or without conditions; and
(c) assessing any other matters that the Province considers relevant to that
determination.
23.02
If the Province has notified the Owner/Operator that
(a) the School will not be Certified,
(b) this Agreement will not be renewed under paragraph 2.02, or
(c) the Agreement will be terminated under paragraph 26.00
the Owner/Operator must:
(a) update the Schools web-site; and
(b) notify, in writing, all Students or applicants for enrollment in the School and
their parents or legal guardians
that the School will not continue to operate under the B.C. Global Education Program
– Offshore Schools and will not be eligible to continue to deliver the B.C. Curriculum or
offer a B.C. Graduation Program.
24.00INDEMNITY
24.01
BC GLOBAL EDUCATION PROGRAM · APPENDIX
19 • APPENDIX A
4
The Owner/Operator will indemnify and save harmless and forever releases and
discharges the Province, its employees and agents, from and against any and all
losses, claims, damages, actions, causes of action, costs and expenses that any
of them may sustain, incur, suffer or put to at any time either before or after the
expiration or termination of this Agreement, where the same or any of them are based
upon, arise out of or occur, directly or indirectly, by reason of any act or omission of
the Owner/Operator, or of any agent, employee, officer, director or sub-contractor of
the Owner/Operator pursuant to this Agreement or in connection with the School.
51
25.00
COMPLAINTS
25.01
The Province reserves the right to investigate and/or require the School to address any
complaint or information regarding a Certified or Pre-Certified School that the Province
deems to be of a serious nature.
25.02
Where the Province receives and validates a complaint about a School, the Province
may discuss the complaint and share information with education authorities in other
Canadian jurisdictions.
26.00COMPLIANCE
26.01
The Owner/Operator must comply with any reasonable order from the Province with
respect to bringing the School into compliance with this Agreement.
26.02
The Province may require the Owner/Operator to submit a plan outlining how it will
bring itself into compliance with the Agreement by a date specified by the Province.
26.03
The Province may, at any time, place the School on Probationary Status if the Province
considers the Owner/Operator is out of compliance with any provision
of this Agreement.
26.04
If the School is placed on Probationary Status, the Province will publish this status on
the Ministry of Education website.
26.05
If the School is placed on Probationary Status, the Owner/Operator must immediately
inform all Students and Students’ parents of this status and update the School’s
website to clearly indicate that the School is on Probationary Status.
27.00
DEFAULT AND TERMINATION
27.01
The following events will result in the Owner/Operator no longer being in good
standing with the Ministry, and, as a result, will constitute an Event of Default:
(a) the Owner/Operator fails to comply with any provision of this Agreement, and
specifically fails to pay fees required under this Agreement, or a request or
direction of the Province made under this Agreement;
(b) the Owner/Operator fails to implement, to the Province’s satisfaction,
requirements imposed under paragraphs 26.00;
APPENDIX A • 20
(c) any representation or warranty made by the Owner/Operator in this
Agreement, or otherwise made, to the Province before or during the
Agreement Term which is untrue or incorrect;
52
(d) the Owner/Operator fails to correct any deficiency noted in an Inspection
Report created under paragraphs 21.00 or 22.00 within the time specified by
the Province and if no time was specified, within a reasonable time;
BC GLOBAL EDUCATION PROGRAM · APPENDIX
(e) any information, oral or written statement, certificate, report or other
document furnished or submitted by or on behalf of the Owner/Operator
pursuant to or as a result of this Agreement which is untrue or incorrect;
(f) the Owner/Operator ceases, in the opinion of the Province, to operate;
(g) a change occurs with respect to one or more of the following, including some
or all, of the properties, assets, condition (financial or otherwise), business
or operations of the Owner/Operator which, in the opinion of the Province,
materially adversely affects the ability of the Owner/Operator to fulfill its
obligations under this Agreement; or
(h) the Owner/Operator does not, in the opinion of the Province, continue to
provide a School in a manner that meets the Province’s requirements.
(i) the Owner/Operator sells, transfers or licenses ownership of the Pre-Certified
School (or attempts to do any of these things) without the prior written
approval of the Province or there are material changes to the Owner/
Operator’s governance, business, or administrative structure, including a
change to the majority shareholder or controlling interest, that have not
received the prior written approval of the Province.
27.02
Upon the occurrence of any Event of Default and at any time thereafter the Province
may, notwithstanding any other provision of this Agreement, at its sole discretion,
exercisable by written notice to the Owner/Operator:
(a) require that the Event of Default be remedied within a time period specified
by the Province;
(b) terminate this Agreement and cancel the authorization of the Owner/Operator
to use the B.C. Curriculum for purposes of operating the School, where the
termination of the Agreement and the cancellation of the authorization are
effective on the dates stated in the notice; or
(c) pursue any remedy or take any other action available to it at law or in equity.
All rights, powers and remedies conferred on the Province under this Agreement or
under any statute or law are not intended to be exclusive and each shall be cumulative
in addition to and not in substitution for every other right, power and remedy existing
or available to the Province under this Agreement or any other Agreement at law
or in equity.
27.04
The exercise by the Province of any right, power or remedy will not preclude the
simultaneous or later exercise by the Province of any other right, power or remedy.
27.05
This Agreement may be terminated where there is no Event of Default by either party
if, during that School Year, the Owner/Operator or the Province receives a written
request to terminate from the other party. Termination under this paragraph will
become effective at the end of the School Year during which notice is given, unless
another date is agreed to by the parties in writing.
BC GLOBAL EDUCATION PROGRAM · APPENDIX
21 • APPENDIX A
4
27.03
53
27.06
Where this Agreement is terminated, or notice of termination is received or deemed to
be received by the Owner/Operator, the Owner/Operator will cease advertising in any
way that suggests that the Owner/Operator or the School is certified by the Province
or that it is eligible to deliver the B.C. Curriculum.
28.00
LIQUIDATED DAMAGES
28.01
Where this Agreement is terminated under paragraph 27.02 prior to the end of the
Term, the Owner/Operator shall pay, in a single payment, as liquidated damages and
not as a penalty, the early termination charge of $10,000.
28.02
The Parties acknowledge and agree that all liquidated damages set out in this
Agreement have been calculated as, and are a genuine pre-estimate of the loss
likely to be suffered by the Province and are not penalties.
29.00
DISPUTE RESOLUTION
29.01
This Agreement, between the Province and the Owner/Operator will be governed by
and construed in accordance with the laws of the Province of British Columbia. Any
matter regarding the interpretation and application of this Agreement, and all disputes
arising under or in connection with this Agreement, that cannot be resolved between
the parties, will be within the exclusive jurisdiction of the courts of British Columbia.
APPENDIX A • 22
30.00NOTICES
54
30.01
Any notice or other document that either party may be required or may desire to
give to the other will be conclusively deemed validly given to and received by the
addressee, if delivered personally then on the date of delivery, if mailed then on
the fourteenth business day after mailing the same by prepaid post, if by facsimile
transmission then when so transmitted or if by electronic mail then when capable
of being retrieved by the addressee, at the addresses:
if to the Province:
Ministry of Education
Director, International Education
PO Box 9153 STN PROV GOVT
Victoria, B.C.
V8W 9H1
Facsimile number: 250-953-4908
E-mail Address: International.Education@gov.bc.ca
Attention: International Education Branch
BC GLOBAL EDUCATION PROGRAM · APPENDIX
And if the Teacher Regulation Branch:
in accordance with the procedures set out at: www.bcteacherregulation.ca/
documents/FormsandPublications/ProfConduct/mc_brochure.pdf.
And if to the Owner/Operator:
(@ NAME OF OWNER/OPERATOR AND FULL ADDRESS with fax number
and e-mail address)
30.02
Attention: (@NAME AND TITLE)
Either party may, from time to time, advise the other party in writing of any change of
address or contact person of the party giving such notice and the information specified
will, for the purposes of paragraph 30.01, be conclusively deemed to be the address
and contact person of the party giving such notice.
31.00NON-WAIVER
No term or condition of this Agreement and no breach by the Owner/Operator of any
such term or condition will be deemed to have been waived unless such waiver is in
writing signed by the Province.
31.02
The written waiver by the Province of any term or breach by the Owner/Operator of
any term or condition of this Agreement is not a waiver of any other term or breach.
32.00
ENTIRE AGREEMENT
32.01
This Agreement, the Schedules to this Agreement, and any requirements, including
without limitation Orders or Program Requirements, incorporated by reference into this
Agreement constitute the entire Agreement between the parties with respect to the
subject matter of this Agreement.
BC GLOBAL EDUCATION PROGRAM · APPENDIX
23 • APPENDIX A
4
31.01
55
33.00
FURTHER ACTS AND ASSURANCES
33.01
Each of the parties will, upon the reasonable request of the other, make, do, execute
or cause to be made, done or executed all further and other lawful acts, deeds,
things, devices, documents, instruments and assurances whatsoever for the better
performance of the terms and conditions of this Agreement.
34.00
TIME OF ESSENCE
34.01
Time is of the essence in this Agreement.
35.00
SURVIVAL OF PROVISIONS
35.01
All of the provisions of this Agreement in favour of the Province and all of the rights
and remedies of the Province, either at law or in equity, will survive any termination
of this Agreement. For greater clarity, but without limiting the foregoing, paragraphs
5.00, 6.00, 11.01, 11.08, 13.08, 19.01, 24.01 paragraphs 3 and 4 of Part IV of
Schedule “B” continue in force indefinitely, even after this Agreement ends.
36.00
INSTRUCTIONS AND MODIFICATION OF TERMS AND CONDITIONS
36.01
The Province may, from time to time, give instructions to the Owner/Operator
respecting matters relating to this Agreement, including the conduct of examinations
and tests and the Owner/Operator will comply with those instructions within a
reasonable time or a time set by the Province.
36.02
The Province may modify the Agreement where it considers it necessary to more
effectively carry out the purpose and intent of this Agreement, such as, maintaining
consistency with current standard terms and conditions in similar offshore educational
program agreements, as such terms and conditions may be revised from time to time
by the Province.
36.03
The Province may add to, remove or modify any of the terms and conditions of this
Agreement in accordance with paragraph 36.02 by giving written notice of the
changed terms and conditions to the Owner/Operator in accordance with the written
notice provisions in paragraph 30.01. Upon the receipt of such notice in accordance
with paragraph 30.01 the Owner/Operator will be deemed to have accepted the
changed terms and conditions and further such changes will be deemed to have been
incorporated into this Agreement.
37.00INTERPRETATION
APPENDIX A • 24
37.01
56
Where there is a conflict or a difference in meaning between the English and the
(@LANGUAGE)
version of this Agreement, the English version shall apply.
BC GLOBAL EDUCATION PROGRAM · APPENDIX
All translations into English for the purposes of this Agreement must be of a standard
acceptable to the Province.
37.03
The headings appearing in this Agreement have been inserted for reference and as a
matter of convenience and in no way define, limit or enlarge the scope of any provision
of this Agreement.
37.04
Any reference to a statute, regulation or order in this Agreement, whether or not that
statute has been defined, includes all regulations and Orders made at any time under
or pursuant to that statute.
37.05
Any reference to an enactment in this Agreement, whether or not that enactment has
been defined, includes any amendments made to those enactments.
37.06
In this Agreement wherever the singular or neuter is used it will be construed as if the
plural or masculine or feminine, as the case may be, had been used where the context
so requires.
37.07
The Schedules to this Agreement are an integral part of this Agreement as if set out at
length in the body of this Agreement.
37.08
Subject to paragraphs 36.02 and 36.03, no amendment or modification to this
Agreement will be effective unless it is in writing and duly executed by the parties.
37.09
If any provision of this Agreement or the application to any person or circumstances
is invalid or unenforceable to any extent, the remainder of this Agreement and the
application of such provision to any other person or circumstance will not be affected
or impaired thereby and will be enforceable to the extent permitted by law.
37.10
All dollar amounts expressed in this Agreement refer to lawful currency of Canada.
37.11
Unless the context otherwise indicates, any reference to this Agreement means
this instrument and all of the Schedules attached to it, and any reference to any
paragraph or subparagraph by number is a reference to the appropriate paragraph
or subparagraph in this Agreement.
37.12
Nothing in this Agreement operates as a consent, permit, approval or authorization
by the Province or any Ministry, Branch or agency thereof to or for anything related
to the School or Certification that the Owner/Operator is required to obtain unless it
is expressly stated herein to be such a consent, permit, approval or authorization.
38.00
SUCCESSORS AND ASSIGNS
38.01
This Agreement will ensure to the benefit of and be binding upon the Owner/Operator
and its successors and permitted assigns and the Province and its assigns.
BC GLOBAL EDUCATION PROGRAM · APPENDIX
25 • APPENDIX A
4
37.02
57
IN WITNESS WHEREOF the parties have executed this Agreement as of the date first above written.
SIGNED on behalf of Her Majesty the Queen in right of the Province of British Columbia by a duly
authorized representative of the Minister of Education in the presence of:
Witness
SIGNED on behalf of
@NAME OF SCHOOL OWNER/OPERATOR,
by a duly authorized representative)
For the Minister of Education
Brenda Neufeld
Director of International Education
Date Signed
Witness
Owner/Operator
(PRINT NAME)
(PRINT TITLE)
APPENDIX A • 26
Date Signed
58
BC GLOBAL EDUCATION PROGRAM · APPENDIX
SCHEDULE “A”
Qualification Criteria for Owner/Operators
The Owner/Operator represents and warrants that it has met the following qualification criteria required in order to
enter an agreement under the British Columbia Global Education Program – Offshore Schools, it:
1. Has satisfied all of the Province’s application requirements in the form and with the content established by the
Province, including without limitation a Business Plan submitted in accordance with the Program Requirements.
2. Is able to communicate orally and in writing with the Province in fluent English at a level acceptable to the
Province.
3. Has provided documentation to the Province sufficient to satisfy the Province that the Owner/Operator is a nongovernmental legal entity incorporated and operating in the jurisdiction in which the School will operate.
4. Has satisfied the Province that the Owner/Operator is not in contravention of any relevant legislation or other
legal requirements, including without limitation, all relevant labour and employment laws and the Immigration
and Refugee Protection Act, S.C. 2001, c. 27 and Regulations made under that Act.
5. Is, subject to the written approval of the Province, offering a British Columbia educational program
i. that commences between Kindergarten and Grade 8, (unless the grade of commencement is otherwise
agreed to by the Province as under Schedule A, item 7)
ii. and is able to demonstrate to the satisfaction of the Province that reasonable efforts are being made to
expand student enrollment to a minimum of 60 full-time students in each grade offered in the School.
6.
Has, subject to the written approval of the Province and the laws of the jurisdiction where the School is located,
ensured that Students commence full-time enrollment in the School in or before Grade 8 or, in cases where a
jurisdiction’s laws prevent enrollment at this age, ensured that Students may not commence the program after
Grade 10 and that Students entering the program in Grade 10 are provided with additional English Language
Learner supports to enable success in the program.
7.
Has paid all fees in accordance with Schedule “E“.
8.
Has completed, at the Owner/Operator’s expense, an onsite review with the Province of the proposed school
or, at the Province’s sole discretion, an in-person interview between the Province and the Owner/Operator in
British Columbia.
9.
Has provided any additional information that the Province reasonably requests.
10. Is considered, at the Province’s sole discretion, to be a suitable candidate in accordance with the Provincial
Requirements to operate a School under the B.C. Global Education Program – Offshore Schools.
27 • APPENDIX A
4
BC GLOBAL EDUCATION PROGRAM · APPENDIX
59
SCHEDULE “B”
Program Administration and Operation
PART I: OPERATION OF THE SCHOOL
1. The Owner/Operator must demonstrate during the Agreement Term sufficient planning to satisfy the Province that
it can operate the School and deliver the B.C. Curriculum in accordance with the Program Requirements, including
without limitation, the Owner/Operator must:
(a) deliver the B.C. Curriculum in English at a standard acceptable to the Province, except for the parts of the B.C.
Curriculum exempted in writing by the Province;
(b) ensure the recruitment, hiring and supervision of qualified and competent personnel, including Authorized
Persons, is in accordance with Program Requirements;
(c)ensure compliance within the delivery of the educational program in the School with the subject, instructional
time and learning outcome requirements set out in sections 1.1 to 6, with the exception of s. 4(5)(b), of
Ministerial Order 41/91, the Educational Standards Order, enacted under the Independent School Act. For clarity,
a reference to Board or Authority in the Order means Owner/Operator for the purposes of this Agreement;
(d) ensure that all of the B.C. Curriculum offered in the School meet or exceed the learning outcomes identified in
the Educational Program Guides for each course, with a course overview for each course that includes content,
teaching strategies, evaluation and assessment methods which are clearly linked to the B.C. learning outcomes;
(e) ensure compliance with the Program Requirements with respect to all equivalency process and challenge rules;
(f) follow the B.C. Ministry of Education Performance Standards found at:
www.bced.gov.bc.ca/perf_stands
as an assessment tool for Students;
(g) develop a course overview for each course that:
i. includes content, planning for assessment, teaching strategies, achievement indicators, and assessment
methods; and
ii. aligns with the British Columbia Curriculum learning outcomes; and
(h) ensure that the School’s facilities, including computer resources, meet Program Requirements, including without
limitation, the requirements set out in Schedule “F“.
2. The Owner/Operator must acquire sufficient resources, including textbooks, a library with hard copy and electronic
resources, including internet resources, in accordance with Program Requirements sufficient to support the learning
outcomes for all of the B.C. Curriculum offered at the School.
APPENDIX A • 28
3. The Owner/Operator must only make changes to the facilities, equipment or educational programs provided to
Students under this Agreement:
60
(a) which the Province has requested in response to the Inspection Report provided to the Owner/Operator under
paragraph 3.05 and paragraphs 21.00 and 22.00 and approved by the Province; or
(b) for which the Owner/Operator has obtained prior written approval from the Province.
BC GLOBAL EDUCATION PROGRAM · APPENDIX
PART II: OFFSHORE PROGRAM CONSULTANT
1. If the Offshore Program Consultant retained under paragraph 14.01 is a corporate entity, the Owner/Operator must
ensure that one individual with authority to legally bind the corporate entity is designated to serve as representative
of the corporate entity for the purposes of fulfilling the duties under paragraphs 9 and 10 of this Part.
2. The Offshore Program Consultant retained by the Owner/Operator under paragraph 14.01 may not serve as Offshore
Program Consultant for more than 2 other Owner/Operators and must not be affiliated with the Owner/Operator,
other than through the Offshore Program Consultant’s contract with the Owner/Operator.
3. If an Offshore Program Consultant is retained by the Owner/Operator under paragraph 14.01 and approved by the
Province under paragraph 6 of this Part the Offshore Program Consultant must, in addition to fulfilling the duties
under paragraph 9 of this Part, serve as the primary liaison between the Owner/Operator and the Province for the
purpose of this Agreement and fulfill the duties under paragraph 10 of this Part. The Offshore Program Consultant
must not fulfill any duties in relation to the School other than those set out in paragraphs 9 and 10 of this Part.
4. If an Owner/Operator has not retained an Offshore Program Consultant, under paragraph 14.01, the Principal
employed under paragraph 15.01 must fulfill the duties of both Principal under paragraph 6 of Part II of this
Schedule “B” and primary liaison under paragraph 10 of this Part. An Owner/Operator may appoint an Offshore
School Representative to fulfil the primary liaison duties under paragraph 10 of this Part. For clarity, where an
Offshore Program Consultant has been retained, the Offshore Program Consultant will be responsible for evaluating
the Principal and documenting the results of that evaluation. Where no Offshore Program Consultant has been
retained or an Offshore School Representative has not been appointed, the Owner/Operator retains responsibility for
these duties.
5. The Owner/Operator must provide the Province with written confirmation that the individual designated as liaison
under either paragraph 3 or 4 of this Part has full capacity to represent and legally commit the Owner/Operator in
all communications and dealings with the Province in relation to this Agreement.
6. The individual designated as liaison under paragraph 3 or 4 of this Part and to fulfill the duties under paragraph 10
of this Part is not authorized to represent the Owner/Operator for the purposes of this Agreement until the Province
has approved in writing the Owner/Operator’s appointment of that individual to serve as liaison with the Province.
7. The Province may, in its sole discretion, cease to engage, for the purposes of this Agreement, with the individual
designated as liaison under paragraph 3 or 4 of this Part if the Province has reason to question his or her
authorization, conduct, qualifications or competence. In any such case, the Owner/Operator will identify a
replacement and the provisions of paragraph 14.00 and this Part will then apply to the process for identifying and
approving the replacement.
8. The Owner/Operator may designate a new individual to serve as the Owner/Operator’s liaison except that the
individual will not be the Owner/Operator’s liaison under paragraphs 3 or 4 of this Part until the appointment has
been approved by the Province.
29 • APPENDIX A
4
BC GLOBAL EDUCATION PROGRAM · APPENDIX
61
9. If an Offshore Program Consultant is retained by the Owner/Operator under paragraph 14.01 and approved by the
Province under paragraph 6 of this Part, the Owner/Operator must ensure that the Offshore Program Consultant
undertakes, in collaboration with the Principal the following duties:
(a) assisting with administration of the School and carrying out a system of education in conformity with this
Agreement, including:
i. assisting the Owner/Operator to recruit and hire Authorized Persons;
ii. providing visa support for Authorized Persons
iii. establishing accommodation arrangements for Authorized Persons and dealing with any issues with
accommodation;
iv. providing cultural acclimatization assistance for Authorized Persons and Students;
v.providing professional development for Authorized Persons; and
vi. participating in dispute resolution process under the policy required under paragraph 8.11(c) and,
(b) assisting the Owner/Operator to market the School.
10.The duties of the liaison appointed either under paragraph 3 or 4 of this Part are:
(a) acts as the primary contact to liaise and communicate with the Province in a timely manner;
(b) advising and assisting the Owner/Operator in exercising its powers and duties under this Agreement;
(c) effectively manage issues, in collaboration with the Principal, that may arise and resolve complaints to reach
resolutions satisfactory to the Province;
(d) attend information sessions held by the Province;
(e) actively work with the Owner/Operator to ensure compliance with the terms of this Agreement including
working with the Owner/Operator, Principal and Authorized Persons to ensure that accountabilities and
timelines are clearly understood and met under this Agreement;
(f) ensure, in collaboration with the Principal, the effective transfer to the Province of all data outlined in Schedule
“F” and all Annual Report requirements are met by deadlines established by the Province;
(g) participate in, and support, in collaboration with the Principal, an inspection team, in conducting inspections for
the purposes of this Agreement; and
APPENDIX A • 30
(h) work with the Owner/Operator, Principal and Authorized Persons to address the Province’s recommendations
and requirements, including recommendations and requirements arising from inspections.
62
BC GLOBAL EDUCATION PROGRAM · APPENDIX
PART III: PRINCIPAL
1. The Principal must be an individual who, at the time that the individual is hired by the Owner/Operator
as the Principal and during the Agreement Term, meets all of the following requirements:
(a) is fluent in English;
(b) holds a British Columbia Certificate of Qualification;
(c) is not otherwise affiliated with the Owner/Operator, other than through the Principal’s employment contract
with the Owner/Operator; and
(d) has at least 1 year of experience working at a principal or vice-principal level and has a minimum of three years
of teaching experience, preferably in a British Columbia school, except where the Province has provided written
approval to the Owner/Operator for the use of modified criteria due to exceptional circumstances.
2. The Owner/Operator must not employ a Principal under paragraph 15.01 who is employed as a Principal for any
other school under the British Columbia Global Education Program – Offshore Schools.
3. The Owner/Operator’s must ensure the Principal employed under paragraph 15.01 has responsibility for and
authority to undertake the following duties in relation to the School:
(a) providing administration for and supervision of the School including responsibility for the operation of the School,
the curriculum taught and the evaluation of Authorized Persons; and
(b) carrying out a system of education for the B.C. Global Education Program – Offshore Schools in conformity with
this Agreement, including without limitation
i. directly managing student admission processes, including making final decisions with respect to Student
assessment and admissions;
ii. implementing educational programs in accordance with the terms of this Agreement;
iii. ensuring that the quality of the educational programs offered at the School meet the Program
Requirements;
iv. overseeing development of course overviews that support learning outcome requirements as established
by the Province;
v. evaluating learning situations in classrooms;
vi. establishing all teaching timetables and student placement in classrooms;
vii. establishing the program of teaching and learning activities;
viii.establishing student evaluation and assessment processes and reporting to parents;
ix. supervising and evaluating the work of Authorized Persons and other School staff, and documenting the
results of such evaluations;
x. organizing and providing supervision for professional development of Authorized Persons in the School;
xii. maintaining complete and accurate school records, including without limitation all records under paragraphs
12.00 and 13.00 and Part IV of this Schedule;
4
BC GLOBAL EDUCATION PROGRAM · APPENDIX
31 • APPENDIX A
xi. performing teaching duties as appropriate;
63
xiii.supervising the general conduct of Students, both on School premises and during activities that are off
School premises and that are organized or sponsored by the School;
xiv.participating in dispute resolution process under the policy required under paragraph 8.12(c) and, if required
by the Province, under paragraph 25.00; and
xv. in accordance with the policies of the Owner/Operator, exercising paramount authority within the School
in matters concerning the discipline of students.
4. The Owner/Operator must establish conditions of employment for Principals and Authorized Persons that encourage
those employees to continue their employment in the School.
PART IV: SCHOOL RECORDS
1. The Owner/Operator must establish and maintain, in English, accurate and current records, including without
limitation:
(a)the Annual Report(s);
(b) Student Records;
(c) records with respect to each Authorized Person employed in the School; and
(d) records with respect to the operation of the School;
and must permit the Province, or a person designated by the Province, at any time or times during normal School hours, to copy and inspect any and all records.
2. The Owner/Operator must maintain in each Authorized Person’s file the records required under paragraph 13.02(c),
including without limitation, completed evaluations for Authorized Persons required under policies established and
implemented under paragraph 8.11 and police records checks from all jurisdictions in which the Authorized Person
has previously resided. Files relating to on-site Authorized Persons must also include, without limitation, copies
of British Columbia Certificates of Qualification or Letters of Permission, as applicable, and copies of contracts of
employment between the Owner/Operator and Authorized Persons.
3. If a Student transfers out of the School or the School ceases to operate, the Owner/Operator agrees to transfer or
to ensure that the Principal transfers in a timely manner the Student’s Student Record to another Owner/Operator
operating a school under the B.C. Global Education Program – Offshore Schools or to B.C. K-12 public or certified
independent school, as requested by the Student.
APPENDIX A • 32
4. The Owner/Operator agrees to keep and maintain in a secure manner and place and for the specified periods the
Student Records in accordance with section 13.00 of the Agreement (e.g., 55 years for the Permanent Student
Record and 10 years for all other Student Records) following the graduation of a Student or the leaving of a Student
from the School.
64
5. Subject to written approval from the Province, the Owner/Operator must ensure that it meets Program Requirements
for internet connectivity, computer hardware/software, and printer capabilities to ensure efficient electronic transfer
and printing of such items as are required under this Agreement.
BC GLOBAL EDUCATION PROGRAM · APPENDIX
SCHEDULE “C”
Requirements for Employment of Teachers in the B.C.
Global Education Program – Offshore Schools
1. The Owner/Operator must ensure that Authorized Persons employed to teach at the School:
(a) hold a British Columbia Certificate of Qualification prior to beginning teaching in the School and during
the Agreement Term;
(b) provide to the Owner/Operator police records checks from all jurisdictions in which the Authorized Person
has previously resided;
(c) maintain their certification in good standing complying with all professional requirements under
the Teachers Act;
(d) provide consents required under paragraph 13.08;
(e) provide instruction in a competent manner to Students in accordance with the requirements under this
Agreement and as identified in Program Requirements;
(f) teach the programs of study and educational programs that are prescribed, approved or authorized under
this Agreement;
(g) encourage and foster learning in Students;
(h) regularly evaluate Students and periodically report the results of the evaluation to the Students, the
Students’ parents and the School in accordance with the terms of this Agreement;
(i) maintain, under the direction of the Principal, order among the Students while they are in the School or on
the School grounds and while they are attending or participating in activities sponsored or approved by the
School; and
(j) carry out, subject to any applicable contract of employment, those duties that are assigned to the teacher
by the Principal.
33 • APPENDIX A
4
BC GLOBAL EDUCATION PROGRAM · APPENDIX
65
SCHEDULE “D”
Inspections of Offshore Schools
1. On receipt of:
(a) the funds required by the Province as described in paragraphs 6, 8, 9 and 10 of this Schedule; and
(b) all information required by the Province within in the timelines established by the Province,
the Province will, in order to determine if the Owner/Operator is eligible to apply to enter a Certified School
Agreement or renew this Agreement in accordance with paragraph 2.00, conduct an inspection of the School,
including, without limiting the foregoing, inspection of the records of the Owner/Operator, and facilities and
equipment used in the operation of the School, and will, if possible conduct this inspection at times that are
convenient to both the Owner/Operator and the Province.
2. The Owner/Operator will, at the request of the Province, permit the Province, or a person designated
by the Province to:
APPENDIX A • 34
(a) enter, at any reasonable time, a building used in the operation of the School, offices of the Owner/Operator or
the grounds and facilities used in the operation of the School,
(b) inspect any record of the Owner/Operator, including without limitation, electronic records, e-mail records and
all records held by the Offshore Program Consultant, the Principal and Authorized Persons, relating to the
operation of the School, including Student and staff records, and
(c) inspect the academic achievement of Students and the administration of the School, and permit the Province, or
a person designated by the Province, to do everything necessary to conduct a thorough and complete inspection
of the School for the purposes of this Agreement, including, the following:
(i) verification of the status of Authorized Persons;
(ii) observation of any Authorized Person’s teaching methods, including planning and delivery of the B.C.
Curriculum and assessment and evaluation of the Students;
(iii) observation of operation of the School to assess the Owner/Operator’s capacity to operate the School and
provide the B.C. Curriculum in accordance with the terms of this Agreement;
(iv) examination of the Authorized Persons’ course overviews and lesson plans for the School, and resource
materials used by the Owner/Operator;
(v) assess any matters with respect of which the Director of International Education has received a complaint
under paragraph 25.00; and
(vi) examination of the English Language Learning (ELL) assessment and instruction provided by the Owner/
Operator.
66
3. The Owner/Operator will provide all the support the Province considers necessary to allow the Province to conduct
a thorough and complete inspection of the School and the provision of the educational programs, including without
limitation, that the Owner/Operator will ensure compliance with the terms of the Province’s contract with the
inspection team members, that the inspection team members must not be placed in a position of real or perceived
conflict of interest through any entertainment opportunities, gifts or by any other means.
(Language) interpreter, if the staff of the
4. The Owner/Operator must provide an English/
Owner/Operator who are providing information to the persons conducting an inspection are not fluent in English.
BC GLOBAL EDUCATION PROGRAM · APPENDIX
5. Prior to the inspection under this paragraph, the Owner/Operator must provide the Province with, in English
at a standard of translation acceptable to the Province:
(a) all written material that the Province considers necessary to properly inspect the School under this Agreement;
(b) a letter from the appropriate government office with paramount responsibility for education in the country,
province, or city in which the School is located setting out written approval in principle for the Owner/Operator
to apply to enter a Certified School Agreement;
(c) a letter from the appropriate city, state, provincial or national government having jurisdiction where the School
is located that states that the governmental body is not aware of any record of violations by the Owner/
Operator of its laws or directions; and
(d) a fully and accurately completed Annual Report under paragraph 13.07.
6. The Owner/Operator will pay, in advance of the inspection, in Canadian dollars and within 30 days of receipt of a
notice from the Province, the amount specified by the Province in the notice, for the estimated costs in relation to
the inspection of the School.
7. All accommodation arrangements for inspectors conducting inspections under this paragraph will be made by the
Owner/Operator in advance of the travel dates. The Owner/Operator will provide the Province with proof of payment
in advance for all accommodation and the Province will provide a copy of the proof of payment to the inspector.
8. The notice referred to in paragraph 6 of this Schedule will reflect the costs that the Province estimates it will incur
in performing its functions and duties required under this Agreement for the inspection of the School to determine
if the Owner/Operator is eligible to apply to enter a Certified School Agreement or renew this Agreement in
accordance with paragraph 2.02, and will include the types of costs referred to in Schedule “E” to this Agreement,
but is not restricted to those costs.
9. Where the actual inspection and related costs for a School Year incurred by the Province under this paragraph, are
greater than the funds submitted under paragraph 6 of this Schedule for that School Year, the Owner/Operator will
pay the Province, within 30 days of receipt of a notice from the Province all costs incurred by the Province during
the School Year in conducting inspections of the School, and otherwise regulating the School, less the monies paid
under paragraph 6 of this Schedule for that School Year.
10.If the monies paid under paragraph 6 of this Schedule exceed the cost of the actual expenses incurred by the
Province in the School Year, the Province will either refund the amount of the overpayment to the Owner/Operator,
or reduce, by the amount of the overpayment, the amount of the funds to be submitted under paragraph 6 of this
Schedule for the subsequent School Year, if this Agreement is renewed in accordance with paragraph 2.00 or the
School achieves Certification and the Owner/Operator enters a Certified School Agreement with the Province.
11. On request, the Owner/Operator will provide the inspection team with a secure location on the premises of
the School that is private and quiet during the period that the Province is conducting an inspection under this
Agreement.
4
BC GLOBAL EDUCATION PROGRAM · APPENDIX
35 • APPENDIX A
12.The Inspection Report prepared by the inspectors under this paragraph will be made public on the Province’s
website.
67
SCHEDULE “E”
Fee Payment Process, Delinquent Program Fees
and Schedule of Offshore Program Costs
1. FEE PAYMENT PROCESS
• Program, Inspection, and Learning Audit Fees are due and payable as stated in the table on the following page.
• All fees are non-refundable.
• Effective June 30th, 2014, the Ministry will invoice schools thirty (30) days in advance of fee payment due date for
the following fees: Curriculum Usage Fee, Program Administration Fee, and Student Registration Fees.
• The invoice for the Student Registration Fee will be based on 1701 data submission.
» If there is a discrepancy between the 1701 data submission and student numbers as reported during
Inspections, schools will be invoiced for the difference.
» Fees related to discrepancies will be due and payable immediately on issuance of the invoice.
» These fees are non-refundable (i.e. if a student leaves the school mid-year).
2. DELINQUENT PROGRAM FEES
• The following processes will apply for schools whose fees are thirty (30) days delinquent:
» The Ministry will issue a second invoice for the outstanding amount plus interest charges.
» The School will be placed on probationary status for 60 days (regardless of when the fees are submitted).
• The following processes will apply for schools whose fees are sixty (60) days delinquent:
» The Ministry will issue a third invoice for the outstanding amount plus interest charges.
» The School will be placed on probationary status for 90 days (regardless of when the fees are submitted).
• The following processes will apply for schools whose fees are ninety (90) days delinquent:
» The School will be decertified. Recertification will be subject to payment of delinquent fees plus interest charges,
reapplication (including application fee of $5,000) and payment as liquidated damages of $10,000 (per section
28.00 of the Certification Agreement).
• The following processes will apply for delinquent inspection fees:
APPENDIX A • 36
» The school inspection will be cancelled.
» Uninspected schools will lose certification status.
» Recertification will be subject to payment of delinquent fees plus interest charges, reapplication
(including application fee of $5,000) and payment as liquidated damages of $10,000 (per section
28.00 of the Certification Agreement).
68
BC GLOBAL EDUCATION PROGRAM · APPENDIX
3. SCHEDULE OF OFFSHORE SCHOOL PROGRAM FEES
Fee Type
Fee Amount
Payable:
Comments
Initial application fee
$5,000 non-refundable Time of application
Applications will not be processed until
Fee Amount has been submitted in full
Curriculum Usage Fee
$10,000 per
school per annum
August 1 of each year
Ministry will invoice schools for
Fee Amount on June 30th
Program Administration Fee
$5,000 per
school per annum
August 1 of each year
Ministry will invoice schools for
Fee Amount June 30th
Student Registration Fee*
$350.00 per
student/annum
Payable on
December 19th
of each year
Ministry will invoice schools for Fee Amount
based on 1701 data submission third week
of November
Inspection fees**
Varies
Payable 30 days in
advance of Inspection
Teams’ departure
Ministry will invoice schools for Fee Amount
45 days in advance of Team’s departure
OTHER PROGRAM EXPENSES
In-Person Application Review
Travel, accommodations, per diem
Payment required 15 days in advance
and incidental costs of all Ministry
of departure (if taking place onsite
participants if held at the school location. at the school location).
Or All relevant travel and accommodation
expenses for the Owner/Operator
(and accompanying officials) if held
in British Columbia.
Learning Audits
Includes professional services of the Audit Payment required 15 days in advance
Chair and Audit Team Members, as well
of the audit team’s departure.
as their travel, accommodation, per diem,
and incidental costs.
*if a student withdraws from the school up to November 30th, the school is not required to pay the per student fee (school must provide
proof of withdrawal). If a student withdraws from the school after November 30th, the school is required to pay the per student fee.
**inspection fees include professional services of the Inspection Chair and Inspection Team members, as well as their travel, accommodation,
per diem and incidental costs. Schools are not expected to pay costs associated with unannounced inspections.
37 • APPENDIX A
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BC GLOBAL EDUCATION PROGRAM · APPENDIX
69
SCHEDULE “F”
Current Requirements for Electronic Data Transfer with the
British Columbia Ministry of Education for Transcripts and
Examinations and Grade 10-12 Electronic Examinations
TRANSCRIPTS AND EXAMS REQUIREMENTS:
Transcript and Examination (TRAX) data must be submitted to the Ministry using computer software which is capable
of extracting and sending the standard TRAX data files.
The following software vendors have a TRAX data extract function currently being used by schools. There may be other
software vendors with the capability of producing the standard TRAX files.
Vendor Name
Product Name(s)
Phone
Harts Systems Ltd
TESS and Windsor
1-888-734-1119
Maplewood Computing
Maplewood
1-800-265-3482
Take Two Inc.
CIMS
1-800-665-0641
Contact the Student Certification Branch at the Ministry to obtain additional information and specific TRAX data
specifications, if required.
Student Certification Branch
Ministry of Education
PO Box 9170 Stn Prov Govt
Victoria B.C. V8W 9H7
Telephone: 250-893-6914
Email Address: Sandra.C.Smith@gov.bc.ca
ELECTRONIC EXAMS REQUIREMENTS:
Software, Browser and Computer requirements can be found at the Ministry of Education e-Exam website:
www.bced.gov.bc.ca/eassessment/eexam_computer_requirements.htm
Internet Connection:
• Internet Service Provider (ISP)
APPENDIX A • 38
• ADSL, cable or T1 (minimum requirement)
• 10-1000 MB Broadband (recommended)
70
BC GLOBAL EDUCATION PROGRAM · APPENDIX
Email:
•School Principal email account with attachment capability
• Ability to receive or send up to 5 MB file size attachments
• Non-Intel, MS Office file attachments sent to the Ministry must be PC compatible
and saved as RTF (rich text format) if MS Office is not available.
Peripherals:
• Printer (600 dpi or higher)
• Colour printer for Geography and Geology exams
•Photocopier
SCHEDULE “G”
APPROVED SERVICE PROVIDER FOR DISTRIBUTED LEARNING
1. The Approved Distributed Learning Service Provider for the purposes of paragraph 7 until June 30, 2015 is:
a. School District No. 73 Business Company.
39 • APPENDIX A
4
BC GLOBAL EDUCATION PROGRAM · APPENDIX
71
Appendix B
B.C. GLOBAL EDUCATION PROGRAM – OFFSHORE SCHOOLS
CERTIFICATION AGREEMENT
THIS AGREEMENT made the Day
th day of
Month,
Year
BETWEEN:
HER MAJESTY THE QUEEN IN RIGHT OF THE PROVINCE OF BRITISH COLUMBIA,
represented by the Minister of Education (the “Province“)
OF THE FIRST PART
AND:
(OwnerOperator), a registered (Type_Society_or_Corporation), incorporated under the laws of
(Country),
Certificate of Incorporation No. or registration document No. (delete the one that does not apply) [Incorporation_or_Registration_No], and having an office at
@ ADDRESS,
@CITY,
@PROVINCE / STATE,
(the “Owner/Operator“)
@COUNTRY,
@POSTAL CODE
OF THE SECOND PART
WHEREAS:
A. The Owner/Operator has met the Province’s requirements under the PreA.
Certification Agreement and is authorized by the Province to operate
APPENDIX B • 1
72
(School Name)
as a Certified School under the terms of this Agreement.
B.
The Province will conduct periodic inspections of the School to ensure that it continues
to meet the requirements for Certification.
BC GLOBAL EDUCATION PROGRAM · APPENDIX
C. If the Owner/Operator continues to meet the Province’s requirements for
Certification, the Province may renew this Agreement and the Owner/Operator
may continue to certify the School under the terms and conditions of this
Agreement as amended from time to time.
NOW THEREFORE, in consideration of these premises and other good and valuable consideration
(the receipt and sufficiency of which is acknowledged by each of the parties), the parties agree as
follows:
1.00DEFINITIONS
1.01
In this Agreement:
“Agreement Term” means the period set out in paragraph 2.00 of this Agreement
during which the Owner/Operator is authorized to operate the School under this
Agreement;
“Annual Report” means the report that must be submitted to the Ministry under
paragraph 13.07, in accordance with Program Requirements, including the Inspection
Catalogue, the report on the Business Plan, and the Owner/Operator’s financial
statements audited by a 3rd party that align with international accounting standards
submitted under paragraph 2 of Schedule “A”;
“Approved Distributed Learning Service Provider” means an entity listed in Schedule
“G” and approved in writing by the Province to deliver the B.C. Curriculum by
Distributed Learning as part of educational program delivered at the School;
“Authorized Person” means a person who holds a British Columbia Certificate
of Qualification and is employed by the Owner/Operator to teach, serve as an
administrator or supervise at the School;
“British Columbia Certificate of Graduation” (Dogwood Diploma) means the
graduation certificate:
» in the form set out in section 2(1) and (2)(a) of Ministerial Order 164/96,
the Student Credentials Order, enacted under the School Act ;
» that the Minister may issue under section 168(6)(a)(ii) of the School Act to
a person who has successfully met the general requirements for graduation
established by order of the British Columbia Minister of Education.
“British Columbia Certificate of Qualification“ means a certificate of qualification
issued under s. 30 of the Teachers Act or continued under s. 91 of the Teachers Act
but does not include any other type of certificate;
“British Columbia Curriculum” or “B.C. Curriculum” means the subject area
‘Curriculum Guide’, ‘Integrated Resource Package’ or ‘Program Guide’ referred to in
the Ministerial Order M333/99 and documents published by the British Columbia
BC GLOBAL EDUCATION PROGRAM · APPENDIX
2 • APPENDIX B
4
73
Ministry of Education and specified as Educational Program Guides and resources in
the Ministerial Order 333/99, the Educational Program Guide Order enacted under the
School Act ;
“Business Plan” means the plan that the Owner/Operator must, in accordance with the
Program Requirements, have submitted under paragraph 2 of Schedule “A” as a precondition to entering this Agreement and must update annually under paragraph 13.07;
(a) during the Agreement Term;
(b) if this Agreement is renewed under paragraph 2.02;
“Certified School” means a school, operating within the British Columbia Global
Education Program – Offshore Schools, that is authorized to offer the B.C. Curriculum
in educational programs leading towards a British Columbia Certificate of Graduation
under the authority of a Certification Agreement with the Province;
“Certification” means the authorization granted by the Province to operate a Certified
School;
“Commissioner“ means the person appointed under s.2 of the Teachers Act;
“Director, International Education” means the Director of the International Education
Branch of the British Columbia Ministry of Education;
“Distributed Learning” means a method of instruction that relies primarily on indirect
communication between Students and teachers, including internet or other electronicbased delivery, and teleconferencing or correspondence;
“Educational Material” means the British Columbia Curriculum, Provincial Examinations
and the Website Materials;
“Educational Program Guide” means an educational program guide set out in
Ministerial Order 333/99, the Educational Program Guide Order, enacted under the
School Act, with the exception of those set out under subsections 1 (f) and (g);
“Event of Default” means any of the events described in paragraph 27.01;
“Graduation Program” means the educational program in Grades 10, 11 and 12
offered at a School which has been granted Certification to offer the B.C. Curriculum
in a program that leads towards graduation with a British Columbia Certificate of
Graduation;
APPENDIX B • 3
“Independent School Act“ means the Independent School Act, R.S.B.C. 1996, c. 216;
74
“Inspection Catalogue” means the inspection documents prepared in accordance with
the Program Requirements which the Owner/Operator must complete in support of the
Province’s inspection process;
BC GLOBAL EDUCATION PROGRAM · APPENDIX
“Inspection Report” means the final report in English prepared by the inspection team
retained by the Province to conduct the Province’s inspection process;
“Learning Audit” means a comprehensive review, conducted at the Province’s sole
discretion, by a team of educators appointed by the Province, of the quality of
educational programming delivered at the School;
“Offshore Program Consultant” means the person who has been selected by the
Owner/Operator from the Province’s pre-approved list of candidates and retained by
the Owner/Operator under paragraph 14.01;
“Offshore School Representative” means the person who has been selected by the
Owner/Operator to fulfill the duties under paragraphs 1-9 Part II of Schedule “B”, who
is not on the Ministry’s pre-approved Offshore Program Consultant list, and whose
appointment has been approved by the Director of International Education;
“Owner/Operator” means a non-governmental legal entity incorporated in the
jurisdiction in which the School will operate that is a party to this Agreement. For
clarity, the Owner/Operator must not be a government organization, a School District
Business Company, or a foreign affiliate of a School District Business Company or a
foreign affiliate of an Independent School Authority under the Independent School Act ;
“Personal Education Number“ means a unique identification number assigned to a
person under the School Act ;
“Pre-Certification Agreement” means the Agreement under the British Columbia
Global Education Program – Offshore Schools under which the Owner/Operator must
have successfully operated the School for a period of time acceptable to the Province
as a pre-requisite to entering this Agreement;
“Principal” means the School administrator employed by the Owner/Operator who
meets all of the requirements set out in paragraph 1 of Part III of Schedule “B” and
is responsible for all of the duties set out in paragraph 3 of Part III of Schedule “B”.
“Probationary Status” means the status imposed by the Province pursuant to
paragraph 26.04 under which the Owner/Operator must demonstrate that it is
operating the School in compliance with the terms of this Agreement in a time period
specified by the Province;
“Program Requirements” means the British Columbia Global Education Program –
Offshore Schools requirements established by the Province, and modified from time to
time in the Province’s sole discretion, which are posted on the Ministry of Education
website at the following URL:
www2.gov.bc.ca/gov/topic.page?id=8A7A13A5F553472A9A28C9B60086C68A;
4
BC GLOBAL EDUCATION PROGRAM · APPENDIX
4 • APPENDIX B
75
“Provincial Examinations” means the British Columbia examinations for the parts
of the B.C. Curriculum that are provincially examinable as determined in Ministerial
Orders M302/04, the Graduation Program Order and M410/04, the Provincial
Examinations Order enacted under the School Act. References in such Ministerial
Orders to “international students” apply to Students under this Agreement;
“Provincial Examination Schedule for Offshore Schools” means the schedule that
Certified Schools follow when writing Provincial Exams.
“School“ means the educational institution called
(School Name):
(a) located in (School_City),
(School_ProvinceState)
in (School_Country),
(b) in which the Owner/Operator provides educational programs under this
Agreement under the supervision of an Offshore Program Consultant and
Principal, or a Principal only, retained or employed, as the case may be, by
the Owner/Operator, and
(c) includes the Students, teachers and facilities associated with the provision
of the educational programs under this Agreement;
“School Age” has the same meaning as in the School Act ; “School Age” means the
age between the date on which a person is permitted to enroll in a school and
the end of the school year in which the person reaches the age of 19 years.
“School Act“ means the School Act, R.S.B.C. 1996, c. 412;
“School District Business Company“ means a School District Business Company
incorporated pursuant to Part 6.1 of the School Act ;
“School Year“ means the period beginning on July 1 in each year and ending on
June 30 in the following year;
“Student“ means a person of School Age enrolled in the School;
“Student Record“ means the records of information in written or electronic form
pertaining to each Student maintained by the Owner/Operator in conformity with
the requirements set out in paragraph 13.04;
APPENDIX B • 5
76
“Student Report“ means the report that must be prepared and maintained under
paragraph 12.01 and delivered to Students or Student’s parents under paragraph 12.02;
“Teachers Act“ means the Teachers Act, S.B.C. 2011, c. 19;
BC GLOBAL EDUCATION PROGRAM · APPENDIX
“Teacher Regulation Branch“ means the British Columbia Teacher Regulation Branch
of the British Columbia Ministry of Education;
“Vice-Principal“ means the Authorized Person retained under paragraph 15.02; and
“Website Materials“ means the documents identified as ‘Curriculum Documents’ and
‘Support Materials’ that are accessible at www.bced.gov.bc.ca/irp/welcome.php,
or such other internet address as the Province may advise the Owner/Operator
in writing.
2.00
AGREEMENT TERM
2.01
Subject to paragraph 2.02, the Agreement Term commences on the first day of the
School Year in the year in which the Agreement is executed and ends on the last day
of that School Year.
2.02
The Agreement Term may be renewed at the Province’s sole discretion if the Province is
satisfied that the Owner/Operator continues to meet all of the Province’s requirements
for Certification.
3.00
PROVINCIAL COMMITMENTS
3.01
The Province grants Certification for the School, including authority for the Owner/
Operator to use the Educational Materials in accordance with the terms of this
Agreement, including without limitation those terms set out in paragraph 11.00, for
the purposes of operating the School.
3.02
The Province will permit the Owner/Operator to refer to the B.C. Curriculum and the
Agreement as specifically set out in paragraphs 7.01 and 7.02 to indicate that the
School is offering a program under this Agreement with the Province.
3.03
The Province will, at a time that the Province considers appropriate, provide the
Owner/Operator with:
(a) access to relevant electronic Provincial Examinations as per the Provincial
Examination Schedule for Offshore Schools;
(b) evaluation materials to mark applicable grade 10 and 11 Provincial Exams;
(c) scoring of the completed Provincial Examinations; and
(d) a transcript of the final grades for the parts of the B.C. Curriculum
numbered 10, 11 and 12 for each Student, in accordance with the Program
Requirements.
3.04
BC GLOBAL EDUCATION PROGRAM · APPENDIX
6 • APPENDIX B
4
The Minister may provide British Columbia Certificates of Graduation under s. 168 (6)
(a) (ii) of the School Act to eligible Students who have met the Program Requirements
and the British Columbia graduation requirements at the School as set out in
Ministerial Order 302/04, the Graduation Program Order, enacted under the School
Act and as determined by Province.
77
3.05
The Province will inspect the School in accordance with the terms of this Agreement
and will provide the Owner/Operator with a copy of each Inspection Report prepared
in relation to the School as soon as reasonably possible after the Province’s inspection
process under paragraph 21.00 or 22.00 has been completed.
3.06
The Inspection Report referred to in paragraph 3.05 will provide the Province with
information to support the Province’s decision making with respect to the Owner/
Operator’s eligibility to continue Certification of the School.
4.00
QUALIFICATION CRITERIA FOR OWNER-OPERTORS
4.01The Owner/Operator represents and warrants for the purposes of paragraph 27.01(c)
that the qualification requirements set out in Schedule “A” have been met.
4.02
The Owner/Operator must provide the Province at the Province’s request with:
(a) written confirmation from the appropriate government entity with paramount
responsibility for education in the jurisdiction in which the School is located
that the Owner/Operator has obtained:
(i) written approval; or
(ii) a letter of no objection;
to obtain Certification for the School and operate the School under this Certification
Agreement.
4.03
The Province may at its sole discretion contact the government office identified in
paragraph 4.02(a) to confirm that the information provided by the Owner/Operator
is accurate and true.
5.00RELATIONSHIP
5.01
No partnership, joint venture, agency or other legal entity will be created by or will be
deemed to be created by this Agreement or any actions of the parties pursuant to this
Agreement.
5.02
The Owner/Operator is not a servant, employee or agent of the Province.
5.03
The Owner/Operator must not in any manner whatsoever commit or purport to commit
the Province or any of its officials or contractors to any course of action, obligation or
otherwise.
6.00
APPENDIX B • 7
6.01
78
OWNER/OPERATOR’S REPRESENTATIONS, WARRANTIES AND OBLIGATIONS
The Owner/Operator represents and warrants to the Province, with the intention that
the Province will rely thereon in entering into this Agreement and throughout the
Agreement Term, that:
(a) there is no law or decision of a governmental entity, which would prohibit the
Owner/Operator from entering into this Agreement with the Province;
BC GLOBAL EDUCATION PROGRAM · APPENDIX
(b) this Agreement has been legally and validly authorized and executed by the
Owner/Operator and is legally binding upon and enforceable against the
Owner/Operator in accordance with its terms; and
(c)the Owner/Operator:
(i) will directly operate the School and is solely responsible for its operation;
(ii) has the power and capacity to accept and execute this Agreement;
(iii)has the power and capacity to perform its obligations under this
Agreement and this Agreement is binding upon and enforceable against
the Owner/Operator in accordance with its terms;
(iv)does not know of any fact that adversely affects, or might adversely
affect, in a material way, the Owner/Operator’s properties, assets,
condition (financial or otherwise), business or operations or its ability
to fulfill its obligations under this Agreement;
(v) has all the rights necessary to operate the School and use the facilities
for the purposes of the School; and
(vi) will operate the School in accordance with the laws of
(School_Country).
6.02
All statements contained in any certificate, application or other document delivered
before or during the continuation of this Agreement, by or on behalf of the Owner/
Operator to the Province under this Agreement or in connection with the School and
the provision of an educational program under this Agreement will be deemed to be
representations and warranties by the Owner/Operator under this Agreement.
6.03
All representations, warranties, covenants and agreements made herein and all certificates,
applications or other documents delivered by or on behalf of the Owner/Operator are
material and will conclusively be deemed to have been relied upon by the Province and will
continue in full force and effect during the continuation of this Agreement.
6.04
The Owner/Operator must, if requested by the Province, provide evidence satisfactory
to the Province that the representations and warranties are true and correct and that
the Owner/Operator’s obligations under this Agreement have been met.
6.05
The Owner/Operator may not transfer, sell or license the whole or portions of this
Agreement without the prior written approval of the Province.
4
BC GLOBAL EDUCATION PROGRAM · APPENDIX
8 • APPENDIX B
6.06Material changes to the Owner/Operator are forbidden under this Agreement without
the prior written approval of the Province. Material changes include (but are not
limited to) changes in the Owner/Operator’s governance, business, or administrative
structure, including a change to the majority shareholder or controlling interest.
79
7.00
INFORMATION AND PUBLIC ANNOUNCEMENTS
7.01The Owner/Operator must ensure that:
(a) all communications, including publications and promotional materials,
accurately set out the amount of fees and other monies payable under this
Agreement to the Province; and
(b) the School’s educational program, fees, accommodation and policies
pertaining to the refund of fees or other costs are consistent with any
promotional material or other informational material published or supplied by
the Owner/Operator, including information on the Owner/Operator’s websites
and on sites that link with other programs and/or organizations.
7.02
The Owner/Operator may state in its publications that:
(a) the “School has been granted Certification status under the British Columbia
Global Education Program – Offshore Schools”;
(b) the “Owner/Operator has entered a Certification Agreement with the Province
under the B.C. Global Education Program – Offshore Schools”;
(c) it is “operating a B.C. Certified School”; and/or
(d) it has “authority to offer educational programs at the School leading to British
Columbia Certificates of Graduation”.
APPENDIX B • 9
8.00
80
but must not use any other phrase to denote accreditation or Certification
by the Province.
CONDITIONS TO OPERATE THE SCHOOL
8.01
The Owner/Operator is solely responsible for the School and for operating the
School in compliance with all requirements under this Agreement, including without
limitation, the requirements under Schedule “B”.
8.02
The Owner/Operator must monitor and at all times remain in full compliance with the
most current version of the Program Requirements.
8.03
The Owner/Operator may only operate the School during the Agreement Term unless
specified by the Province.
8.04
The School approved under this Agreement is for the specific location identified in this
Agreement and is not transferrable to a new location and/or campus without prior
written approval from the Province.
8.05
The Owner/Operator must be able to demonstrate to the satisfaction of the Province
reasonable efforts to establish and maintain relationships with a B.C. K-12 public or
certified independent school that will facilitate a ‘twin-school’ arrangement between
the School and a B.C. K-12 public or certified independent school in accordance with
the Program Requirements as a part of the British Columbia Global Education Program –
Offshore Schools.
BC GLOBAL EDUCATION PROGRAM · APPENDIX
8.06
The Owner/Operator must throughout the Agreement Term:
(a) comply with any direction or request made by the Province related to the
operation or administration of the School or relating to this Agreement as
soon as practically possible; and
(b) comply with all applicable laws, bylaws, orders, directions, rules and
regulations of any city, state, provincial and national government body in
“School_Country“ or branch or agency thereof directly or indirectly
applicable to the Owner/Operator, the School or this Agreement.
8.07
All Student admissions decisions must be made in accordance with the Program
Requirements, including, without limitation, that the Owner/Operator:
(a) must not admit students to the School who do not demonstrate English
language proficiency in accordance with the Program Requirements; and
(b) must ensure that each Student has completed an English language assessment
in accordance with the Program Requirements and that the assessment:
i. is administered within the last calendar year;
ii. is approved as an assessment instrument by the Province;
iii. is administered directly by the Principal or directly by an Authorized
Person under the supervision of the Principal; and
iv. includes written verification by the Principal of Student’s results.
The Owner/Operator must be able to demonstrate, to the satisfaction of the Province,
that each enrolled Student’s level of English language proficiency is adequate to
enable the prospective Student to meet or exceed the learning outcomes identified in
Educational Program Guides if the Student is admitted to the School.
8.09
The Owner/Operator must provide, as part of its educational program, support to
improve Students’ achievement in English language proficiency during the Agreement
Term as identified in the Program Requirements.
8.10
The Owner/Operator must ensure that it establishes and implements effective policies
to ensure that school grades accurately reflect each Student’s achievement in the B.C.
Curriculum and that no significant discrepancies between school grades and Provincial
Examination results occur.
8.11
The Owner/Operator must ensure that it establishes and implements effective
policies and procedures, in accordance with the Program Requirements, including
without limitation, policies and procedures pertaining to student assessment, student
admissions, student conduct, student supervision and parental appeals.
BC GLOBAL EDUCATION PROGRAM · APPENDIX
10 • APPENDIX B
4
8.08
81
8.12The Owner/Operator must, on the commencement of the Agreement Term, establish and
implement policies and procedures, in accordance with the Program Requirements for:
(a) evaluation of Authorized Persons;
(b) professional development of Authorized Persons; and
(c) resolution of disputes between Authorized Persons and between the Owner/
Operator and Authorized Persons.
8.13
The Owner/Operator must provide assistance in respect of applications for Canadian
study permits for Students who receive British Columbia Graduation Certificates from
the School.
8.14
The Owner/Operator must keep accurate records of Student’s post-secondary careers
in accordance with the Program Requirements and must share these records with the
Province upon request.
8.15
The Owner/Operator must be able to demonstrate, to the satisfaction of the Province,
that it has made reasonable efforts to ensure that Students have been made aware of
opportunities to pursue post-secondary studies and career training in British Columbia
after receipt of a British Columbia Graduation Certificate.
9.00
ASSIGNMENT AND SUB-CONTRACTING
9.01
The Owner/Operator understands that subcontracting to other entities to provide
services to the Owner/Operator and/or to the School, Students or staff, does not
relieve the Owner/Operator from any obligations under this Agreement.
9.02
The Owner/Operator must ensure that
(a) any person retained by the Owner/Operator to perform obligations under this
Agreement, and
(b) any person retained by a person described in (a) to perform those obligations
fully complies with this Agreement in performing the subcontracted obligations.
10.00 DELIVERY OF THE B.C. CURRICULUM
10.01
The Owner/Operator must not offer the Educational Materials other than as authorized
under the terms of this Agreement.
10.02
The Owner/Operator must only employ Authorized Persons to
APPENDIX B • 11
(a) plan, evaluate and provide instruction to Students, and
82
(b) provide all Student progress reports under paragraph 12.02 to Students,
parents or legal guardians of Students
unless otherwise approved in writing by the Province.
BC GLOBAL EDUCATION PROGRAM · APPENDIX
10.03The Owner/Operator must operate the School and deliver the B.C. Curriculum
in accordance with the requirements set out in Part 1 of Schedule “B“.
11.00 LICENSE OF BRITISH COLUMBIA CURRICULUM
11.01
The Owner/Operator acknowledges and agrees that
(a) the Province exclusively owns all intellectual property rights, including
copyright, in and to the Educational Material, and
(b) any proprietary rights not specifically granted by the Province in this
Agreement remain with the Province or its licensors, as applicable, including
without limitation copyright and trademark protection.
11.02
The Province grants to the Owner/Operator, for the term of this Agreement, a nonexclusive, non-assignable license to
(a) use the Educational Material
(b) subject to paragraph 11.03,
(i) reproduce the Educational Material in electronic or paper format, and
(ii) distribute the Educational Material to its Students,
for the sole purposes of the operation of the School and the delivery of the B.C.
Curriculum by the Owner/Operators.
11.03
The Owner/Operator acknowledges and agrees that it may reproduce and distribute
the Educational Material only in such quantities as are necessary for the purposes set
out in paragraph 11.02.
11.04
Following the execution and delivery of this Agreement
(a) the Province will provide the Owner/Operator with a copy of the Educational
Material, excluding the Website Materials, in paper or electronic form, and
(b) subject to the provisions of this Agreement, the Owner/Operator
may download the Website Materials.
11.05
The Owner/Operator acknowledges that some components of the Educational Material
include a statement that the Province is the copyright owner of such Educational
Materials, and the Owner/Operator agrees
(a) not to change or delete any such statement, and
(b) where no such statement exists, to include on all copies of the
Educational Material the following attribution notice:
4
The Owner/Operator will be solely responsible for all costs of using, reproducing and
distributing the Educational Material.
BC GLOBAL EDUCATION PROGRAM · APPENDIX
12 • APPENDIX B
11.06
“© 2014 Province of British Columbia“.
83
11.07The Owner/Operator acknowledges that
(a) it may require educational resources in addition to the Educational Material
for the delivery of the B.C. Curriculum, and
(b) it is solely responsible for obtaining all such additional educational resources,
in a manner that complies with all applicable laws, including without
limitation copyright law.
11.08
Immediately upon the expiry or sooner termination of this Agreement, the Owner/
Operator will
(a) cease using, reproducing and distributing the Educational Material
(b) delete all electronic copies of the Educational Material from its operating
environment, and
(c) destroy all hard copies of the Educational Material in its possession or control.
12.00 STUDENT PROGRESS REPORTS
12.01
The Owner/Operator must establish and maintain, to the satisfaction of the Province, an
assessment and evaluation program in accordance with the Program Requirements that
(a) demonstrates Student progress in achieving intellectual, human, social and
career development in accordance with the Program Requirements and the
requirements set out in sections 1 to 9 of the Ministerial Order 191/94,
the Student Progress Report Order enacted under the School Act, with the
exception of the definition of “curriculum“ in s. 1 of that Order
(b) complies with paragraph 8.10,
(c) accurately demonstrates Student progress in the B.C. Curriculum, and
(d) includes the Provincial Examination results, where applicable.
12.02
The Owner/Operator must provide to the Student and the Student’s parent or guardian
a Student Report, in accordance with paragraph 12.01, that reflects all of the B.C.
Curriculum in which the Student is enrolled in a School Year, including an indication as
to which parts of the B.C. Curriculum have been or are scheduled to be taken through
Distributed Learning.
13.00 SCHOOL RECORDS AND REPORTS
13.01
The Owner/Operator must establish and maintain, in English, accurate and current
records in accordance with
APPENDIX B • 13
(a) this paragraph,
84
(b) the requirements set out in Part IV of Schedule “B“, and
(c) the Program Requirements
and must permit the Province, or a person designated by the Province, at any time or
times during normal School hours, to copy and inspect any and all records.
BC GLOBAL EDUCATION PROGRAM · APPENDIX
13.02The Owner/Operator must keep the following records for the stated period of time
(a) Annual Reports: a minimum of 10 years;
(b) Student Records:
(i) Permanent Student Record to be retained for a minimum of 55 years; and
(ii) other Student Records to be retained for minimum of 10 years;
(c) records with respect to each Authorized Person employed in the School,
including without limitation police records checks from all jurisdictions in
which the Authorized Person has previously resided, and with respect to all
professional development activities of the Authorized Person: minimum 10
years; and
(d) records with respect to the operation of the School: minimum 10 years.
13.03
In accordance with the Program Requirements, the Owner/Operator must maintain
a Student Record for each Student enrolled in the School, in both English and the
language of the jurisdiction in which the School is situated.
13.04
Each Student Record under paragraph 13.03 must contain the following, and must be
retained for the stated period of time:
(a) the Student’s Personal Education Number (minimum 55 years);
(b) results of the English language assessment, including written verification by
the Principal of Students’ results, required under paragraph 8.07 and 8.08 and
any supplementary English language supports provided (minimum 10 years);
(c) records related to the B.C. Curriculum delivered by Distributed Learning taken
or scheduled for each Student (minimum 10 years);
(d) signed consent forms required under paragraph 13.08 (minimum 10 years);
(e) the Permanent Student Record as established under Ministerial Order 082/09,
the Permanent Student Record Order enacted under the School Act, including
without limitation all documents referenced in section 2(a)(ii) of that Order
(minimum 55 years);
(f) Records demonstrating school compliance with paragraph 8.10 (minimum
10 years); and
(g) any other records relating to the Student in the custody and control of the
Owner/Operator (minimum 10 years).
13.05
Subject to the laws of
4
BC GLOBAL EDUCATION PROGRAM · APPENDIX
14 • APPENDIX B
(School_Country),
the Owner/Operator must, at the time the Province requires, deliver to the Province,
85
or a person designated by the Province, such written reports, statements, information
and data in English and in the form and with the content satisfactory to and prepared
by a person acceptable to the Province.
13.06
Where the Province requests that a person with specified credentials prepare a report,
the Owner/Operator must ensure that this direction is complied with and the report is
prepared in English and in accordance with the Province’s directions.
13.07
The Owner/Operator must submit its Annual Report to the Province including, without
limitation
a) the completed Inspection Catalogue on or before September 30 of the School
Year;
b) a report on its Business Plan on or before September 30 of the School Year;
and
c) the Owner/Operator’s financial statements audited by a 3rd party that align
with international accounting standards on or before November 30th of the
School Year.
submitted under paragraph 2 of Schedule “A“.
13.08
The Owner/Operator acknowledges that the Province is required to comply with the
Freedom of Information and Protection of Privacy Act, R.S.B.C. 1996, c. 186, and that
this Agreement may require the collection, use and disclosure of relevant personal
information about Students enrolled in the School and Authorized Persons employed
in the School. The Owner/Operator is responsible for obtaining written consents in the
form required by the Province of each:
(a) Authorized Person;
(b) Student in grades 10 to 12; and
(c) parent or legal guardian of Students in Kindergarten and grades 1 to 9.
for the disclosure of personal information to the Province as required under this
Agreement and for storing and accessing this information outside of Canada. The
Owner/Operator must keep the written consent in each Student’s Student Record and
each Authorized Person’s file..
14.00 OFFSHORE PROGRAM CONSULTANT AND LIAISON
APPENDIX B • 15
14.01
86
Subject to the Province’s direction the Owner/Operator may retain, during the
Agreement Term, in accordance with the requirements set out in Part II of Schedule
“B“, an Offshore Program Consultant selected from the Province’s list of pre-approved
candidates.
BC GLOBAL EDUCATION PROGRAM · APPENDIX
14.02The Owner/Operator must advise the Ministry if it comes to the Owner/Operator’s
attention that an Offshore Program Consultant or a liaison (as described in Part II of
Schedule “B”) is acting in a manner that is inappropriate or gives rise, either directly or
indirectly, to any pecuniary or non-pecuniary conflict of interest or the perception of a
conflict of interest, in relation to the performance of the duties under this Agreement.
15.00 PRINCIPAL
15.01
The Owner/Operator must employ a Principal for the School during the Agreement
Term in accordance with the requirements set out in Part III of Schedule “B”.
15.02
The Owner/Operator may employ a Vice Principal to support and assist the Principal,
under the direction of the Principal, in fulfilling the duties under paragraph 3(b) of
Part III of Schedule “B”. A Vice Principal cannot assume the functions of the Offshore
Program Consultant.
15.03
Where a Vice Principal has been employed under paragraph 15.02, the Principal
remains responsible for administration and supervising the School and exercises
paramount authority within the School with respect to the duties set out under
paragraph 3 of Part III of Schedule “B”.
16.00 TEACHERS
16.01
The Owner/Operator must ensure that Authorized Persons, and only Authorized
Persons, are employed to teach at the School in accordance with the requirements
set out in Schedule “C“.
17.00 REPORT OF DISMISSAL, SUSPENSION OR DISCIPLINE REGARDING TEACHER
17.01
The Owner/Operator agrees that the Province may:
(a) maintain the complete list of all the Authorized Persons employed by the
Owner/Operator during the previous 12 month period, submitted as part of
the reporting requirement under paragraph 13.07, for at least 10 years; and
(b) establish a list that identifies the Owner/Operator as an employer of the
employees.
17.02
The Owner/Operator must:
(a) obtain written consent required under paragraph 13.08 in the form required
by the Province from each Authorized Person; and
(b) ensure that the consent form is included in the file for the Authorized Person
and is available for inspection by the Province.
16 • APPENDIX B
4
BC GLOBAL EDUCATION PROGRAM · APPENDIX
87
17.03
If an Authorized Person revokes or otherwise withdraws their consent under
paragraphs 13.08, the Owner/Operator must immediately:
(a) suspend the employment of that Authorized Person in the School; and
(b) advise the Director of International Education and the Commissioner
of the revocation or withdrawal of the Authorized Person’s consent.
17.04
If the Owner/Operator or the Principal:
(a) suspends or dismisses an Authorized Person, including the Principal,
for misconduct that involves:
(i) physical harm to a student or minor;
(ii) sexual abuse or sexual exploitation of a student or minor; or
(iii)significant emotional harm to a student or minor,
it must, without delay, send a report regarding the dismissal, suspension
or disciplinary action;
(A)to the Director of International Education and the Commissioner;
(B)to the Authorized Person; and
APPENDIX B • 17
1
(C)the report must be in writing, signed by the Principal and include
reasons for the action taken by the Principal or Owner/Operator.
88
17.05
If the Owner/Operator or the Principal considers any conduct by or competence of
an Authorized Person, including the Principal, to be in breach of the standards of
professional conduct or competence established by the B.C. Teachers’ Council under section
9 of the Teachers Act, the Owner/Operator or the Principal must send, to the Director of
International Education and the Commissioner, a report in writing regarding that conduct
or competence and must send a copy of the report to the Authorized Person.
17.06
An Owner/Operator or Principal who has made a report to the Director of International
Education and the Commissioner in respect of an Authorized Person under this paragraph
must, without delay after being requested to do so by the Director of International
Education or the Commissioner, provide the Director of International Education and the
Commissioner and the Authorized Person a copy of all of the records available to the
Owner/Operator or the Principal that relate to the matter in respect of which the report
was made.
17.07
If an Authorized Person, including the Principal, resigns from the employment with the
Owner/Operator under circumstances that suggest misconduct or incompetence under
the Teachers Act, the Owner/Operator must, without delay:
(a) report the circumstances of the resignation to the Commissioner;
(b) send a copy of the report to the Authorized Person; and
(c) send a copy of the report to the Director of International Education.
BC GLOBAL EDUCATION PROGRAM · APPENDIX
18.00 SERVICE PROVIDERS for DISTRIBUTED LEARNING and CHALLENGE EVALUATION
18.01The Owner/Operator may contract with an Approved Distributed Learning Service
Provider listed in Schedule “G” for the delivery of the B.C. Curriculum for which there
is no Provincial Examination as a part of the Student’s educational program at the
School, provided that the terms and conditions in the Owner/Operator’s contract with
the Approved Distributed Learning Service Provider:
(a) are consistent with and in compliance with this Agreement;
(b) meet or exceed all the requirements of the Distributed Learning standards
as referred to in paragraph 18.02.
18.02
The Owner/Operator acknowledges and agrees that the Province requires the
Approved Distributed Learning Service Provider to meet or exceed the Distributed
Learning standards established by the Province and as amended from time to time
and found at:
www.bced.gov.bc.ca/dist_learning/documents/dlstandards.pdf
The Owner/Operator agrees that it is bound by such Distributed Learning standards,
as amended from time to time.
18.03
If the Owner/Operator becomes aware of any breaches of the Distributed Learning
standards with respect to the delivery of the B.C. Curriculum by way of Distributed
Learning that are part of its educational program at the School, it must immediately
take steps to rectify the breach and must immediately notify the Province of the breach
and the steps being taken to rectify.
18.04
If the Owner/Operator is not able to rectify any breaches of the Distributed Learning
standards to the satisfaction of the Province, the Province may at its sole discretion
revoke authorization to deliver any of the B.C. Curriculum at the School through
Distributed Learning.
18.05
The Owner/Operator may contract with an approved challenge evaluation provider
listed in Schedule “G” for the evaluation of undocumented, demonstrated prior
learning if
(a) the use of challenge evaluation complies with the Program Requirements,
including the stipulation that Offshore Schools and Students may only make
use of challenge evaluation when using an Approved Challenge Evaluation
Provider, and
(b) the courses available for challenge evaluation comply with the
Ministry’s “International Student Graduation Credit Policy“ found at
4
www2.gov.bc.ca/gov/topic.page?id=A5A3644D456F42F2AACC76B
F38EA459B
BC GLOBAL EDUCATION PROGRAM · APPENDIX
18 • APPENDIX B
89
19.00 FACILITIES, GROUNDS AND EQUIPMENT
19.01The Owner/Operator is responsible for:
(a) ensuring that local health and safety standards in respect of the operation
of the School are met;
(b) ensuring that the facilities, grounds and equipment used in conjunction with
the operation of the School meet local building code and health and safety
standards; and
(c) any damages or compensation arising as a result of any liability related to
facilities, grounds, equipment or operation of the School.
The Owner/Operator acknowledges and agrees that the Province does not assume
responsibility for these matters.
19.02
The facilities, grounds and equipment used in the operation of the School must, in
the opinion of the Province, be adequate for the operation of a School under the B.C.
Global Education Program – Offshore Schools..
20.00FEES
20.01
The Owner/Operator must pay all fees outlined in Schedule “E“.
21.00 ANNUAL INSPECTION FOR MAINTENANCE OF CERTIFICATION
AND PAYMENT FOR INSPECTION
21.01
This Agreement is terminated, Certification of the School lapses and Owner/Operator’s
authorization to operate the School ceases, at the end of the Agreement Term unless:
(a) the Province has conducted an inspection of the School in accordance with
paragraphs 1 to 12 of Schedule ‘D’ during the Agreement Term;
(b) the Inspection Report provided to the Province in respect of the inspection
referred to in subparagraph (a) recommends continuation of this Agreement,
with or without conditions;
(c) the Owner/Operator, in the opinion of the Province continues to comply with
the terms and conditions of this Agreement and continues to meet or exceed
the requirements in this Agreement; and
(d) the Province determines at its sole discretion that the Agreement Term should
be renewed in accordance with paragraph 2.00, with or without conditions.
APPENDIX B • 19
22.00 ADDITIONAL INSPECTION PROCESSES
90
22.01
In addition to the annual inspection under paragraph 21.00, the Province may conduct
additional inspections, with or without notice, during the Agreement Term.
22.02
The Owner/Operator will not pay for the costs of inspections conducted without
prior notice (i.e., unannounced inspections).
BC GLOBAL EDUCATION PROGRAM · APPENDIX
22.03
The Province may perform a Learning Audit at any time during the Agreement Term
if it has concerns about the quality of educational programming and/or Student
achievement.
22.04The Owner/Operator is responsible for the additional costs for Learning Audits under
paragraph 22.03, as outlined in the fees specified under Schedule “E”.
22.05
The Province may appoint a chief inspector to plan, supervise and administer
inspections under paragraphs 21.00 and 22.00 at its sole discretion.
22.06
The Province may publish inspections reports that result from paragraphs 21.00 and
22.00 to the Ministry of Education’s website.
23.00 RENEWING A CERTIFICATION AGREEMENT
23.01
The Province at its sole discretion will determine whether the Owner/Operator may
renew this Agreement under paragraph 2.00, after:
(a) determining if the Owner/Operator is in compliance with the terms and
conditions of this Agreement;
(b) conducting an inspection of the School under paragraph 21.00 to assess
whether, in the Province’s opinion, the Owner/Operator is eligible to apply
to renew the Certification Agreement, with or without conditions; and
(c) assessing any other matters that the Province considers relevant to that
determination.
23.02
If the Province has notified the Owner/Operator that
(a) the School will not be Certified,
(b) this Agreement will not be renewed under paragraph 2.02, or
(c) the Agreement will be terminated under paragraph 26.00
the Owner/Operator must
(d) update the School’s web-site, and
(e) notify, in writing, all Students or applicants for enrollment in the School
and their parents or legal guardians
(i) that the School will not continue to operate under the B.C. Global
Education Program – Offshore Schools;
(ii) that the School will not be eligible to continue to deliver the B.C.
Curriculum or offer a B.C. Graduation Program; and
4
BC GLOBAL EDUCATION PROGRAM · APPENDIX
20 • APPENDIX B
(iii) of alternative Certified Schools in the country or, if there are no other
Certified Schools in the country, of alternative Certified Schools in
the region.
91
24.00INDEMNITY
24.01The Owner/Operator will indemnify and save harmless and forever releases and
discharges the Province, its employees and agents, from and against any and all
losses, claims, damages, actions, causes of action, costs and expenses that any
of them may sustain, incur, suffer or put to at any time either before or after the
expiration or termination of this Agreement, where the same or any of them are based
upon, arise out of or occur, directly or indirectly, by reason of any act or omission of
the Owner/Operator, or of any agent, employee, officer, director or sub-contractor of
the Owner/Operator pursuant to this Agreement or in connection with the School.
25.00 COMPLAINTS
25.01
The Province reserves the right to investigate and/or require the School to address any
complaint or information regarding a Certified or Pre-Certified School that the Province
deems to be of a serious nature.
25.02Where the Province receives and validates a complaint about a School,the Province
may discuss the complaint and share information with education authorities in other
Canadian jurisdictions.
26.00COMPLIANCE
26.01
The Owner/Operator must comply with any reasonable order from the Province with
respect to bringing the School into compliance with this Agreement.
26.02
The Province may require the Owner/Operator to submit a plan outlining how it will
bring itself into compliance with the Agreement by a date specified by the Province.
26.03
The Province may, at any time, place the School on Probationary Status if the Province
considers the Owner/Operator is out of compliance with any provision
of this Agreement.
26.04
If the School is placed on Probationary Status, the Province will publish this status
on the Ministry of Education web-site.
26.05
If the School is placed on Probationary Status, the Owner/Operator must immediately
inform all Students and Students’ parents of this status and update the School’s
website to clearly indicate that the School is on Probationary Status.
27.00 DEFAULT AND TERMINATION
APPENDIX B • 21
27.01
92
The following events will result in the Owner/Operator no longer being in good
standing with the Ministry, and, as a result, will constitute an Event of Default:
(a) the Owner/Operator fails to comply with any provision of this Agreement, and
specifically fails to pay fees required under this Agreement, or a request or
direction of the Province made under this Agreement;
BC GLOBAL EDUCATION PROGRAM · APPENDIX
(b) the Owner/Operator fails to implement to the Province’s satisfaction
requirements imposed under section 26.00;
(c) any representation or warranty made by the Owner/Operator in this
Agreement, or otherwise made, to the Province before or during the
Agreement Term which is untrue or incorrect;
(d) the Owner/Operator fails to correct any deficiency noted in an Inspection
Report created under paragraphs 21.00 or 22.00 within the time specified by
the Province and if no time was specified, within a reasonable time;
(e) any information, oral or written statement, certificate, report or other
document furnished or submitted by or on behalf of the Owner/Operator
pursuant to or as a result of this Agreement which is untrue or incorrect;
(f) the Owner/Operator ceases, in the opinion of the Province, to operate;
(g) a change occurs with respect to one or more of the following, including some
or all, of the properties, assets, condition (financial or otherwise), business
or operations of the Owner/Operator which, in the opinion of the Province,
materially adversely affects the ability of the Owner/Operator to fulfill its
obligations under this Agreement; or
(h) the Owner/Operator does not, in the opinion of the Province, continue to
provide a School in a manner that meets the Province’s requirements.
(i) The Owner/Operator sells, transfers or licenses ownership of the Certified
School (or attempts to do any of these things) without the prior written
approval of the Province or there are material changes to the Owner/
Operator’s governance, business, or administrative structure, including a
change to the majority shareholder or controlling interest, that have not
received the prior written approval of the Province.
27.02
Upon the occurrence of any Event of Default and at any time thereafter the Province
may, notwithstanding any other provision of this Agreement, at its sole discretion,
exercisable by written notice to the Owner/Operator,
(a) require that the Event of Default be remedied within a time period specified
by the Province;
(b) terminate this Agreement and cancel the authorization of the Owner/Operator
to use the B.C. Curriculum for purposes of operating the School, where the
termination of the Agreement and the cancellation of the authorization are
effective on the dates stated in the notice; or
(c) pursue any remedy or take any other action available to it at law or in equity.
4
All rights, powers and remedies conferred on the Province under this Agreement or under
any statute or law are not intended to be exclusive and each shall be cumulative in addition
to and not in substitution for every other right, power and remedy existing or available to
the Province under this Agreement or any other Agreement at law or in equity.
BC GLOBAL EDUCATION PROGRAM · APPENDIX
22 • APPENDIX B
27.03
93
27.04
The exercise by the Province of any right, power or remedy will not preclude the
simultaneous or later exercise by the Province of any other right, power or remedy.
27.05
This Agreement may be terminated where there is no Event of Default, by either party
if during that School Year, the Owner/Operator or the Province receives a written
request to terminate from the other party. Termination under this paragraph will
become effective at the end of the School Year during which notice is given, unless
another date is agreed to by the parties in writing.
27.06
Where this Agreement is terminated, or notice of termination is received or deemed to
be received by the Owner/Operator, the Owner/Operator will cease advertising in any
way that suggests that the Owner/Operator or the School is certified by the Province
or that it is eligible to deliver the B.C. Curriculum or offer a B.C. Graduation Program.
28.00 LIQUIDATED DAMAGES
28.01
Where this Agreement is terminated under paragraph 27.02 prior to the end of the
Term, the Owner/Operator shall pay, in a single payment, as liquidated damages and
not as a penalty, the early termination charge of $10,000.
28.02
The Parties acknowledge and agree that all liquidated damages set out in this
Agreement have been calculated as, and are, a genuine pre-estimate of the loss likely
to be suffered by the Province and are not penalties.
29.00 DISPUTE RESOLUTION
29.01
This Agreement, between the Province and the Owner/Operator, will be governed by
and construed in accordance with the laws of the Province of British Columbia. Any
matter regarding the interpretation and application of this Agreement, and all disputes
arising under or in connection with this Agreement, that cannot be resolved between
the parties, will be within the exclusive jurisdiction of the courts of British Columbia.
APPENDIX B • 23
30.00NOTICES
94
30.01
Any notice or other document that either party may be required or may desire to
give to the other will be conclusively deemed validly given to and received by the
addressee, if delivered personally then on the date of delivery, if mailed then on
the fourteenth business day after mailing the same by prepaid post, if by facsimile
transmission then when so transmitted or if by electronic mail then when capable of
being retrieved by the addressee, at the addresses:
if to the Province:
Ministry of Education
Director, International Education
PO Box 9153 STN PROV GOVT
Victoria B.C. V8W 9H1
BC GLOBAL EDUCATION PROGRAM · APPENDIX
Facsimile number: 250-953-4908
E-mail Address: International.Education@gov.bc.ca
Attention: International Education Branch
And if the Teacher Regulation Branch:
in accordance with the procedures set out at: www.bcteacherregulation.ca/
documents/FormsandPublications/ProfConduct/mc_brochure.pdf
And if to the Owner/Operator:
(Owner/Operator)
(Address)
(City),
(Province/State)
(Postal Code)
(Country)
Facsimile number: (Fax No)
E-mail Address: (Email)
Attention: Contact Person
30.02
Position/Title
Either party may, from time to time, advise the other party in writing of any change
of address or contact person of the party giving such notice, and the information
specified will, for the purposes of paragraph 30.01, be conclusively deemed to be the
address and contact person of the party giving such notice.
31.00NON-WAIVER
31.01
No term or condition of this Agreement and no breach by the Owner/Operator of any
such term or condition will be deemed to have been waived unless such waiver is in
writing signed by the Province.
31.02
The written waiver by the Province of any term or breach by the Owner/Operator of
any term or condition of this Agreement is not a waiver of any other term or breach.
24 • APPENDIX B
4
BC GLOBAL EDUCATION PROGRAM · APPENDIX
95
32.00 ENTIRE AGREEMENT
32.01
This Agreement, the Schedules to this Agreement, and any requirements, including
without limitation Orders or Program Requirements, incorporated by reference into this
Agreement constitute the entire Agreement between the parties with respect to the
subject matter of this Agreement.
33.00 FURTHER ACTS AND ASSURANCES
33.01
Each of the parties will, upon the reasonable request of the other, make, do, execute
or cause to be made, done or executed all further and other lawful acts, deeds,
things, devices, documents, instruments and assurances whatsoever for the better
performance of the terms and conditions of this Agreement.
34.00 TIME OF ESSENCE
34.01
Time is of the essence in this Agreement.
35.00 SURVIVAL OF PROVISIONS
35.01
All of the provisions of this Agreement in favour of the Province and all of the rights
and remedies of the Province, either at law or in equity, will survive any termination
of this Agreement. For greater clarity, but without limiting the foregoing, paragraphs
5.00, 6.00, 11.01, 11.08,13.08, 19.01, 24.01 paragraphs 3 and 4, Part IV of Schedule
“B” continue in force indefinitely, even after this Agreement ends.
APPENDIX B • 25
36.00 INSTRUCTIONS AND MODIFICATION OF TERMS AND CONDITIONS
96
36.01
The Province may, from time to time, give instructions to the Owner/Operator
respecting matters relating to this Agreement, including the conduct of examinations
and tests, including Provincial Examinations, and the Owner/Operator will comply with
those instructions within a reasonable time or a time set by the Province.
36.02
The Province may modify the Agreement where it considers it necessary to more
effectively carry out the purpose and intent of this Agreement, such as, maintaining
consistency with current standard terms and conditions in similar offshore educational
program agreements, as such terms and conditions may be revised from time to time
by the Province.
36.03
The Province may add to, remove or modify any of the terms and conditions of this
Agreement in accordance with paragraph 36.02 by giving written notice of the
changed terms and conditions to the Owner/Operator in accordance with the written
notice provisions in paragraph 30.01. Upon the receipt of such notice in accordance
with paragraph 30.01, the Owner/Operator will be deemed to have accepted the
changed terms and conditions and further such changes will be deemed to have been
incorporated into this Agreement.
BC GLOBAL EDUCATION PROGRAM · APPENDIX
37.00INTERPRETATION
37.01
Where there is a conflict or a difference in meaning between the English and the
“Language“
version of this Agreement, the English version shall apply.
All translations into English for the purposes of this Agreement must be of a standard
acceptable to the Province.
37.03
The headings appearing in this Agreement have been inserted for reference and as a
matter of convenience and in no way define, limit or enlarge the scope of any provision
of this Agreement.
37.04
Any reference to a statute, regulation or order in this Agreement, whether or not that
statute has been defined, includes all regulations and Orders made at any time under
or pursuant to that statute.
37.05
Any reference to an enactment in this Agreement, whether or not that enactment has
been defined, includes any amendments made to those enactments.
37.06
In this Agreement wherever the singular or neuter is used it will be construed as if the
plural or masculine or feminine, as the case may be, had been used where the context
so requires.
37.07
The Schedules to this Agreement are an integral part of this Agreement as if set out at
length in the body of this Agreement.
37.08
Subject to paragraph 36.02 and 36.03, no amendment or modification to this
Agreement will be effective unless it is in writing and duly executed by the parties.
37.09
If any provision of this Agreement or the application to any person or circumstances
is invalid or unenforceable to any extent, the remainder of this Agreement and the
application of such provision to any other person or circumstance will not be affected
or impaired thereby and will be enforceable to the extent permitted by law.
37.10
All dollar amounts expressed in this Agreement refer to lawful currency of Canada.
37.11
Unless the context otherwise indicates, any reference to this Agreement means
this instrument and all of the Schedules attached to it, and any reference to any
paragraph or subparagraph by number is a reference to the appropriate paragraph or
subparagraph in this Agreement.
37.12
Nothing in this Agreement operates as a consent, permit, approval or authorization
by the Province or any Ministry, Branch or agency thereof to or for anything related to
the School or Certification that the Owner/Operator is required to obtain unless it is
expressly stated herein to be such a consent, permit, approval or authorization.
BC GLOBAL EDUCATION PROGRAM · APPENDIX
26 • APPENDIX B
4
37.02
97
38.00 SUCCESSORS AND ASSIGNS
38.01
This Agreement will ensure to the benefit of and be binding upon the Owner/Operator
and its successors and permitted assigns and the Province and its assigns.
IN WITNESS WHEREOF the parties have executed this Agreement as of the date first
above written.
SIGNED on behalf of Her Majesty the Queen in right of the Province of British Columbia
by a duly authorized representative of the Minister of Education in the presence of:
Witness
SIGNED on behalf of
OWNER/OPERATOR,
by a duly authorized representative)
For the Minister of Education
Brenda Neufeld
Director of International Education
Date Signed
Witness
Owner/Operator
(PRINT NAME)
(PRINT TITLE)
APPENDIX B • 27
Date Signed
98
BC GLOBAL EDUCATION PROGRAM · APPENDIX
SCHEDULE “A”
Qualification Criteria for Owner/Operators
The Owner/Operator represents and warrants that it has met the following qualification criteria required in order to enter
an agreement under the British Columbia Global Education Program – Offshore Schools, it:
1. Has successfully operated the School to the Province’s satisfaction for a period of time acceptable to the Province
under an Pre-Certification Agreement.
2. Has satisfied all of the Province’s requirements for Certification in the form and with the content established by
the Province, including without limitation all components of the Annual Report submitted in accordance with the
Program Requirements.
3. Is able to communicate orally and in writing with the Province in fluent English at a level acceptable to the Province.
4. Has provided documentation to the Province sufficient to satisfy the Province that the Owner/Operator is a nongovernmental legal entity incorporated and operating in the jurisdiction in which the School will operate.
5. Has satisfied the Province that the Owner/Operator is not in contravention of any relevant legislation or other legal
requirements, including without limitation, all relevant labour and employment laws and the Immigration and
Refugee Protection Act, S.C. 2001, c. 27 and Regulations made under that Act.
6. Is, subject to the written approval of the Province, offering a British Columbia educational program
i. that commences between Kindergarten and Grade 8, (unless the grade of commencement is otherwise agreed
to by the Province as under Schedule A, item 7)
ii. and is able to demonstrate to the satisfaction of the Province that reasonable efforts are being made to
maintain a minimum enrollment of 60 full-time students in each grade offered in the School.
7. Has, subject to the written approval of the Province and the laws of the jurisdiction where the School is located,
ensured that Students commence full-time enrollment in the School in or before Grade 8 or, in cases where a
jurisdiction’s laws prevent enrolment at this age, ensured that Students may not commence the program after
Grade 10 and that Students entering the program in grade 10 are provided with additional English Language Learner
supports to enable success in the program.
8. Has paid all fees in accordance with Schedule “E“.
9. Has successfully completed, at the Owner/Operator’s expense, all inspections required under the Pre-Certification
Agreement.
10.Has provided any additional information that the Province reasonably requests.
11. Is considered by the Province, at the Province’s sole discretion, to be a suitable candidate in accordance with the
Province’s requirements for Certification.
28 • APPENDIX B
4
BC GLOBAL EDUCATION PROGRAM · APPENDIX
99
SCHEDULE “B”
Program Administration and Operation
PART I: OPERATION OF THE SCHOOL
1.The Owner/Operator must operate the School and deliver the B.C. Curriculum in accordance
with the Program Requirements, including without limitation, the Owner/Operator must:
(a) deliver the B.C. Curriculum in English at a standard acceptable to the Province, except for
the parts of the B.C. Curriculum exempted in writing by the Province;
(b) ensure the recruitment, hiring and supervision of qualified and competent personnel,
including Authorized Persons, is in accordance with Program Requirements;
(c)ensure compliance within the delivery of the educational program in the School with the
subject, instructional time and learning outcome requirements set out in sections 1.1 to
6, with the exception of s. 4(5)(b), of Ministerial Order 41/91, the Educational Standards
Order, enacted under the Independent School Act. For clarity, a reference to Board or
Authority in the Order means Owner/Operator for the purposes of this Agreement;
(d) ensure that all of the B.C. Curriculum offered in the School meet or exceed the learning
outcomes identified in the Educational Program Guides for each course, with a course
overview for each course that includes content, teaching strategies, evaluation and
assessment methods which are clearly linked to the B.C. learning outcomes;
(e) promote the use of the B.C. Ministry of Education Performance Standards found at:
www.bced.gov.bc.ca/perf_stands
as an assessment tool for Students;
(f) ensure that all eligible Students participate, in accordance with the Program Requirements,
in Provincial Examinations for all Parts of the B.C. Curriculum that are Provincially
examinable under the School Act ;
(g) ensure compliance with the Program Requirements with respect to all equivalency process
and challenge rules;
(h) develop a course overview for each course that:
i. includes content, planning for assessment, teaching strategies, achievement indicators,
and assessment methods; and
APPENDIX B • 29
ii. aligns with the British Columbia Curriculum learning outcomes.
100
(i) ensure that the Schools facilities, including computer resources, meet Program
Requirements, including without limitation, the requirements set out in Schedule “F“,
and that Students have access to sufficient facilities, including access to computers and
electronic resources, for efficient administration of Provincial exams; and
(j) ensure that the School offers Students the opportunity to meet all graduation requirements.
BC GLOBAL EDUCATION PROGRAM · APPENDIX
2.The Owner/Operator must acquire sufficient resources, including textbooks, a library with hard copy and electronic
resources, including internet resources, in accordance with Program Requirements sufficient to support the learning
outcomes for all of the B.C. Curriculum offered at the School.
3. The Owner/Operator must only make changes to the facilities, equipment or educational programs provided to
Students under this Agreement:
(a) which the Province has requested in response to the Inspection Report provided to the Owner/Operator under
paragraph 3.05 and paragraphs 21.00 and 22.00 and approved by the Province; or
(b) for which the Owner/Operator has obtained prior written approval from the Province if the change could result
in the Owner/Operator not meeting its obligations under this Agreement.
PART II: PROGRAM ADMINISTRATION
Offshore Program Consultant
1. If the Offshore Program Consultant retained under paragraph 14.01 is a corporate entity, the Owner/Operator must
ensure that one individual with authority to legally bind the corporate entity is designated to serve as representative
of the corporate entity for the purposes of fulfilling the duties under paragraphs 9 and 10 of this Part.
2. The Offshore Program Consultant retained by the Owner/Operator under paragraph 14.01 may not serve as Offshore
Program Consultant for more than 2 other Owner/Operators and must not be affiliated with the Owner/Operator,
other than through the Offshore Program Consultant’s contract with the Owner/Operator.
3. If an Offshore Program Consultant is retained by the Owner/Operator under paragraph 14.01 and approved by the
Province under paragraph 6 of this Part the Offshore Program Consultant must, in addition to fulfilling the duties
under paragraph 9 of this Part serve as the primary liaison between the Owner/Operator and the Province for the
purpose of this Agreement and fulfill the duties under paragraph 10 of this Part. The Offshore Program Consultant
must not fulfill any duties in relation to the School other than those set out in paragraphs 9 and 10 of this Part.
4. If an Owner/Operator has not retained an Offshore Program Consultant, under paragraph 14.01, the Principal
employed under paragraph 15.01 must fulfill the duties of both Principal under paragraph 6 Part II of this Schedule
“B“ and primary liaison under paragraph 10 of this Part. An Owner/Operator may also appoint an Offshore School
Representative to fulfil the primary liaison duties under paragraph 10 of this Part. For clarity, where an Offshore
Program Consultant has been retained, the Offshore Program Consultant will be responsible for evaluating the Principal
and documenting the results of that evaluation. Where no Offshore Program Consultant has been retained or an
Offshore School Representative has not been appointed, the Owner/Operator retains responsibility for these duties.
5. The Owner/Operator must provide the Province with written confirmation that the individual designated as liaison
under either paragraph 3 or 4 of this Part has full capacity to represent and legally commit the Owner/Operator in
all communications and dealings with the Province in relation to this Agreement.
6. The individual designated as liaison under paragraph 3 or 4 of this Part and to fulfill the duties under paragraph 10
of this Part is not authorized to represent the Owner/Operator for the purposes of this Agreement until the Province
has approved in writing the Owner/Operator’s appointment of that individual to serve as liaison with the Province.
30 • APPENDIX B
4
BC GLOBAL EDUCATION PROGRAM · APPENDIX
101
7. The Province may, in its sole discretion, cease to engage, for the purposes of this Agreement, with the individual
designated as liaison under paragraph 3 or 4 of this Part if the Province has reason to question his or her
authorization, conduct, qualifications or competence. In any such case, the Owner/Operator will identify a
replacement and the provisions of paragraph 14 and this Part will then apply to the process for identifying and
approving the replacement.
8.The Owner/Operator may designate a new individual to serve as the Owner/Operator’s liaison except that the
individual will not be the Owner/Operator’s liaison under paragraphs 3 or 4 of this Part until the appointment
has been approved by the Province.
9. If an Offshore Program Consultant is retained by the Owner/Operator under paragraph 14.01 and approved by the
Province under paragraph 6 of this Part, the Owner/Operator must ensure that the Offshore Program Consultant
undertakes, in collaboration with the Principal, the following duties:
(a) assisting with administration of the School and carrying out a system of education in conformity with this
Agreement, including:
i. assisting the Owner/Operator to recruit and hire Authorized Persons;
ii. providing visa support for Authorized Persons;
iii. establishing accommodation arrangements for Authorized Persons and dealing with any issues
with accommodation;
iv. providing cultural acclimatization assistance for Authorized Persons and Students;
v.providing professional development for Authorized Persons; and
vi. participating in dispute resolution process under the policy required under paragraph 8.12(c); and
(b) assisting the Owner/Operator to market the School.
10.The duties of the liaison appointed either under paragraph 3 or 4 of this Part are:
(a) acts as the primary contact to liaise and communicate with the Province in a timely manner;
(b) advising and assisting the Owner/Operator in exercising its powers and duties under this Agreement;
(c) effectively manage issues, in collaboration with the Principal, that may arise and resolve complaints to reach
resolutions satisfactory to the Province;
(d) attend information sessions held by the Province;
(e) actively work with the Owner/Operator to ensure compliance with the terms of this Agreement including
working with the Owner/Operator, Principal and Authorized Persons to ensure that accountabilities and
timelines are clearly understood and met under this Agreement;
(f) ensure, in collaboration with the Principal, the effective transfer to the Province of all data outlined in Schedule
“F” and all Annual Report requirements are met by deadlines established by the Province;
APPENDIX B • 31
(g) participate in, and support, in collaboration with the Principal, an inspection team, in conducting inspections
for the purposes of this Agreement; and
102
(h) work with the Owner/Operator, Principal and Authorized Persons to address the Province’s recommendations
and requirements, including recommendations and requirements arising from inspections.
BC GLOBAL EDUCATION PROGRAM · APPENDIX
PART III: PRINCIPAL
1. The Principal must be an individual who, at the time that the individual is hired by the Owner/Operator
as the Principal and during the Agreement Term, meets all of the following requirements:
(a) is fluent in English;
(b) holds a British Columbia Certificate of Qualification or an Independent School Subject-Restricted Teaching
Certificate;
(c) is not otherwise affiliated with the Owner/Operator, other than through the Principal’s employment contract
with the Owner/Operator; and
(d) has at least 1 year of experience working at a principal or vice-principal level and has a minimum of three years
of teaching experience, preferably in a British Columbia school, except where the Province has provided written
approval to the Owner/Operator for the use of modified criteria due to exceptional circumstances.
2. The Owner/Operator must not employ a Principal under paragraph 15.01 who is employed as a Principal for any
other school under the British Columbia Global Education Program – Offshore Schools.
3. The Owner/Operator must ensure the Principal employed under paragraph 15.01 has responsibility for and authority
to undertake the following duties in relation to the School:
(a) providing administration for and supervision of the School including responsibility for the operation of the
School, the curriculum taught and the evaluation of Authorized Persons; and
(b) carrying out a system of education for the B.C. Global Education Program – Offshore Schools in conformity with
this Agreement, including without limitation:
i. directly managing student admission processes, including making final decisions with respect to Student
assessment and admissions;
ii. implementing educational programs in accordance with the terms of this Agreement;
iii. ensuring that the quality of the educational programs offered at the School meet the Program
Requirements;
iv. overseeing development of course overviews that support learning outcome requirements as established
by the Province;
v. evaluating learning situations in classrooms;
vi. establishing all teaching timetables and student placement in classrooms;
vii.establishing the program of teaching and learning activities;
viii.establishing student evaluation and assessment processes and reporting to parents;
ix. supervising and evaluating the work of Authorized Persons and other School staff, and documenting the
results of such evaluations;
x. organizing and providing supervision for professional development of Authorized Persons in the School;
xii.maintaining complete and accurate school records, including without limitation all records under paragraphs
12.00 and 13.00 and Part IV of this Schedule;
4
BC GLOBAL EDUCATION PROGRAM · APPENDIX
32 • APPENDIX B
xi. performing teaching duties as appropriate;
103
xiii.supervising the general conduct of Students, both on School premises and during activities that are off
School premises and that are organized or sponsored by the School;
xiv.participating in dispute resolution process under the policy required under paragraph 8.12(c); and
xv.in accordance with the policies of the Owner/Operator, exercising paramount authority within the school in
matters concerning the discipline of students.
4.The Owner/Operator must establish conditions of employment for Principals and Authorized Persons that encourage
those employees to continue their employment in the School.
PART IV: SCHOOL RECORDS
1. The Owner/Operator must establish and maintain, in English, accurate and current records, including without
limitation:
(a) the Annual Report(s);
(b) Student Records;
(c) records with respect to each Authorized Person employed in the School; and
(d) records with respect to the operation of the School;
and must permit the Province, or a person designated by the Province, at any time or times during normal School
hours, to copy and inspect any and all records.
2. The Owner/Operator must maintain in each Authorized Person’s file the records required under paragraph 13.02(c),
including without limitation, completed evaluations for Authorized Persons required under policies established and
implemented under paragraphs 8.12 and police records checks from all jurisdictions in which the Authorized Person
has previously resided. Files relating to on-site Authorized Persons must also include, without limitation, copies of
British Columbia Certificates of Qualification, as applicable, and copies of contracts of employment between the
Owner/Operator and Authorized Persons.
3. If a Student transfers out of the School or the School ceases to operate, the Owner/Operator agrees to transfer or
to ensure that the Principal transfers in a timely manner the Student’s Student Record to another Owner/Operator
operating a school under the B.C. Global Education Program – Offshore Schools or to a B.C. K-12 public or certified
independent school, as requested by the Student.
4. The Owner/Operator agrees to keep and maintain in a secure manner and place and for the specified periods the
Student Records in accordance with section 13 of the Agreement (e.g. 55 years for the Permanent Student Record
and 10 years for all other Student Records following the graduation of a Student or the leaving of a Student from the
School.
APPENDIX B • 33
5. Subject to written approval from the Province, the Owner/Operator must ensure that it meets Program Requirements
for internet connectivity, computer hardware/software, and printer capabilities to ensure efficient electronic transfer
and printing of such items as are required under this Agreement.
104
BC GLOBAL EDUCATION PROGRAM · APPENDIX
SCHEDULE “C”
Requirements for Employment of Teachers in the
B.C. Global Education Program – Offshore Schools
1.The Owner/Operator must ensure that Authorized Persons employed to teach at the School:
(a) hold a British Columbia Certificate of Qualification prior to beginning teaching in the School and during
the Agreement Term;
(b) provide to the Owner/Operator police records checks from all jurisdictions in which the Authorized Person
has previously resided;
(c) maintain their certification in good standing complying with all professional requirements under the Teachers
Act;
(d) provide consents required under paragraph 13.08;
(e) provide instruction in a competent manner to Students in accordance with the requirements under this
Agreement and as identified in Program Requirements;
(f) teach the programs of study and educational programs that are prescribed, approved or authorized under this
Agreement;
(g) encourage and foster learning in Students;
(h) regularly evaluate Students and periodically report the results of the evaluation to the Students, the Students’
parents and the School in accordance with the terms of this Agreement;
(i) maintain, under the direction of the Principal, order among the Students while they are in the School or on the
School grounds and while they are attending or participating in activities sponsored or approved by the School;
and
(j) carry out, subject to any applicable contract of employment, those duties that are assigned to the teacher
by the Principal.
34 • APPENDIX B
4
BC GLOBAL EDUCATION PROGRAM · APPENDIX
105
SCHEDULE “D”
Inspections of Offshore Schools
1. On receipt of:
(a) the funds required by the Province as described in paragraphs 6, 8, 9 and 10 of this Schedule; and
(b) all information required by the Province within in the timelines established by the Province,
the Province will, in order to determine if the Owner/Operator is eligible to continue to operate the School for
the Agreement Term and renew this Agreement in accordance with paragraph 2.00, conduct an inspection of the
School, including, without limiting the foregoing, inspection of the records of the Owner/Operator, and facilities
and equipment used in the operation of the School, and will, if possible conduct this inspection at times that are
convenient to both the Owner/Operator and the Province.
2. The Owner/Operator will, at the request of the Province, permit the Province, or a person designated
by the Province to:
(a) enter, at any reasonable time, a building used in the operation of the School, offices of the Owner/Operator or
the grounds and facilities used in the operation of the School,
(b) inspect any record of the Owner/Operator, including without limitation electronic records, e-mail records and
all records held by the Offshore Program Consultant, the Principal and Authorized Persons, relating to the
operation of the School, including Student and staff records, and
(c) inspect the academic achievement of Students and the administration of the School, and permit the Province, or
a person designated by the Province, to do everything necessary to conduct a thorough and complete inspection
of the School for the purposes of this Agreement, including, the following:
(i) verification of the status of Authorized Persons;
(ii) observation of any Authorized Person’s teaching methods, including planning and delivery of the B.C.
Curriculum and assessment and evaluation of the Students;
(iii)observation of operation of the School to assess the Owner/Operator’s operation of the School and
provision of the B.C. Curriculum in accordance with the terms of this Agreement;
(iv)examination of the Authorized Persons’ course overviews and lesson plans for the School, and resource
materials used by the Owner/Operator;
(v) assess any matters with respect of which the Director of International Education has received a complaint
under paragraph 25.00; and
APPENDIX B • 35
(vi)examination of the English Language Learning (ELL) assessment and instruction provided by the Owner/
Operator.
106
3. The Owner/Operator will provide all the support the Province considers necessary to allow the Province to conduct
a thorough and complete inspection of the School and the provision of the educational programs, including without
limitation, that the Owner/Operator will ensure compliance with the terms of the Province’s contract with the
inspection team members, that the inspection team members must not be placed in a position of real or perceived
conflict of interest through any entertainment opportunities, gifts or by any other means.
BC GLOBAL EDUCATION PROGRAM · APPENDIX
4.The Owner/Operator must provide an English/
(Language) interpreter, if the staff of the
Owner/Operator who are providing information to the persons conducting an inspection are not fluent in English.
5. Prior to the inspection under this paragraph, the Owner/Operator must provide the Province with, in English at a
standard of translation acceptable to the Province:
(a) all written material that the Province considers necessary to properly inspect the School under this Agreement;
(b) a letter from the appropriate government office with paramount responsibility for education in the country,
province, or city in which the School is located setting out written approval in principle for the Owner/Operator
to operate a Certified School;
(c) a letter from the appropriate city, state, provincial or national government having jurisdiction where the
School is located that states that the governmental body is not aware of any record of violations by the Owner/
Operator of its laws or directions; and
(d) a fully and accurately completed Annual Report under paragraph 13.07.
6. The Owner/Operator will pay, in advance of the inspection, in Canadian dollars and within 30 days of receipt
of a notice from the Province, the amount specified by the Province in the notice, for the estimated costs in relation
to the inspection of the School.
7. All accommodation arrangements for inspectors conducting inspections under this paragraph will be made by the
Owner/Operator in advance of the travel dates. The Owner/Operator will provide the Province with proof of payment
in advance for all accommodation and the Province will provide a copy of the proof of payment to the inspector.
8. The notice referred to in paragraph 6 of this Schedule will reflect the costs that the Province estimates it will incur
in performing its functions and duties required under this Agreement for the inspection of the School to determine
if the Owner/Operator is eligible to continue or renew this Agreement in accordance with paragraph 2.02, and will
include the types of costs referred to in Schedule “E” to this Agreement, but is not restricted to those costs.
9. Where the actual inspection and related costs for a School Year incurred by the Province under this paragraph, are
greater than the funds submitted under paragraph 6 of this Schedule for that School Year, the Owner/Operator will
pay the Province, within 30 days of receipt of a notice from the Province all costs incurred by the Province during
the School Year in conducting inspections of the School, and otherwise regulating the School, less the monies paid
under paragraph 6 of this Schedule for that School Year.
10.If the monies paid under paragraph 6 of this Schedule exceed the cost of the actual expenses incurred by the
Province in the School Year, the Province will either refund the overpayment to the Owner/Operator, or reduce the
amount payable under paragraph 6 of this Schedule for the subsequent School Year, if this Agreement is renewed
in accordance with paragraph 2.02.
11. On request, the Owner/Operator will provide the inspection team with a secure location on the premises of
the School that is private and quiet during the period that the Province is conducting an inspection under this
Agreement.
4
BC GLOBAL EDUCATION PROGRAM · APPENDIX
36 • APPENDIX B
12.The Inspection Report prepared by the inspectors under this paragraph will be made public on the Province’s
website.
107
SCHEDULE “E”
Fee Payment Process, Delinquent Program Fees
and Schedule of Offshore Program Costs
1. FEE PAYMENT PROCESS
• Program, Inspection, and Learning Audit Fees are due and payable as stated in the table on the following page.
• All fees are non-refundable.
• Effective June 30th, 2014, the Ministry will invoice schools thirty (30) days in advance of fee payment due date for
the following fees: Curriculum Usage Fee, Program Administration Fee, and Student Registration Fees.
• The invoice for the Student Registration Fee will be based on 1701 data submission.
– If there is a discrepancy between the 1701 data submission and student numbers as reported during
Inspections, schools will be invoiced for the difference.
– Fees related to discrepancies will be due and payable immediately on issuance of the invoice.
– These fees are non-refundable (i.e. if a student leaves the school mid-year).
2. DELINQUENT PROGRAM FEES
• The following processes will apply for schools whose fees are thirty (30) days delinquent:
– The Ministry will issue a second invoice for the outstanding amount plus interest charges.
– The School will be placed on probationary status for 60 days (regardless of when the fees are submitted).
• The following processes will apply for schools whose fees are sixty (60) days delinquent:
– The Ministry will issue a third invoice for the outstanding amount plus interest charges.
– The School will be placed on probationary status for 90 days (regardless of when the fees are submitted).
• The following processes will apply for schools whose fees are ninety (90) days delinquent:
– The School will be decertified. Recertification will be subject to payment of delinquent fees plus interest charges,
reapplication (including application fee of $5,000) and payment as liquidated damages of $10,000 (per section
28.00 of the Certification Agreement).
• The following processes will apply for delinquent inspection fees:
– The school inspection will be cancelled.
– Uninspected schools will lose certification status.
APPENDIX B • 37
– Recertification will be subject to payment of delinquent fees plus interest charges, reapplication
(including application fee of $5,000) and payment as liquidated damages of $10,000 (per section 28.00
of the Certification Agreement).
108
BC GLOBAL EDUCATION PROGRAM · APPENDIX
3. SCHEDULE OF OFFSHORE SCHOOL PROGRAM FEES
Fee Type
Fee Amount
Payable:
Comments
Initial application fee
$5,000 non-refundable Time of application
Applications will not be processed until
Fee Amount has been submitted in full
Curriculum Usage Fee
$10,000 per
school per annum
August 1 of each year
Ministry will invoice schools for
Fee Amount on June 30th
Program Administration Fee
$5,000 per
school per annum
August 1 of each year
Ministry will invoice schools for
Fee Amount June 30th
Student Registration Fee*
$350.00 per
student/annum
Payable on
December 19th
of each year
Ministry will invoice schools for Fee Amount
based on 1701 data submission third week
of November
Inspection fees**
Varies
Payable 30 days in
advance of Inspection
Teams’ departure
Ministry will invoice schools for Fee Amount
45 days in advance of Team’s departure
OTHER PROGRAM EXPENSES
In-Person Application Review
Travel, accommodations, per diem
Payment required 15 days in advance
and incidental costs of all Ministry
of departure (if taking place onsite
participants if held at the school location. at the school location).
Or
All relevant travel and accommodation
expenses for the Owner/Operator
(and accompanying officials) if held
in British Columbia.
Learning Audits
Includes professional services of the Audit Payment required 15 days in advance
Chair and Audit Team Members, as well
of the audit team’s departure.
as their travel, accommodation, per diem,
and incidental costs.
Exam Invigilation
No longer applicable.
*if a student withdraws from the school up to November 30th, the school is not required to pay the per student fee (school must provide proof
of withdrawal). If a student withdraws from the school after November 30th, the school is required to pay the per student fee.
**inspection fees include professional services of the Inspection Chair and Inspection Team members, as well as their travel, accommodation,
per diem and incidental costs. Schools are not expected to pay costs associated with unannounced inspections.
38 • APPENDIX B
4
BC GLOBAL EDUCATION PROGRAM · APPENDIX
109
SCHEDULE “F”
Current Requirements for Electronic Data Transfer
with the British Columbia Ministry of Education
for Transcripts and Examinations and
Grade 10-12 Electronic Examinations
TRANSCRIPTS AND EXAMS REQUIREMENTS:
Transcript and Examination (TRAX) data must be submitted to the Ministry using computer software which is capable
of extracting and sending the standard TRAX data files.
The following software vendors have a TRAX data extract function currently being used by schools. There may be other
software vendors with the capability of producing the standard TRAX files.
Vendor Name
Product Name(s)
Phone
Harts Systems Ltd
TESS and Windsor
1-888-734-1119
Maplewood Computing
Maplewood
1-800-265-3482
Take Two Inc.
CIMS
1-800-665-0641
Contact the Student Certification Branch at the Ministry to obtain additional information and specific TRAX data
specifications, if required.
Student Certification Branch
Ministry of Education
PO Box 9170 Stn Prov Govt
Victoria B.C. V8W 9H7
APPENDIX B • 39
Telephone: 250-893-6914
Email Address: Sandra.C.Smith@gov.bc.ca
110
BC GLOBAL EDUCATION PROGRAM · APPENDIX
ELECTRONIC EXAMS REQUIREMENTS:
Software, Browser and Computer requirements can be found at the Ministry of Education e-Exam website:
www.bced.gov.bc.ca/eassessment/eexam_computer_requirements.htm
Internet Connection:
• Internet Service Provider (ISP)
• ADSL, cable or T1 (minimum requirement)
• 10-1000 MB Broadband (recommended)
Email:
•School Principal email account with attachment capability
• Ability to receive or send up to 5 MB file size attachments
• Non-Intel, MS Office file attachments sent to the Ministry must be PC compatible
and saved as RTF (rich text format) if MS Office is not available.
Peripherals:
• Printer (600 dpi or higher)
• Colour printer for Geography and Geology exams
•Photocopier
SCHEDULE “G”
Approved Distributed Learning Service Provider and
Approved Challenge Evaluation Provider
1. The Approved Distributed Learning Service Provider for the purposes of paragraph 18.00 until June 30, 2015 is:
a. School District No. 73 Business Company.
40 • APPENDIX B
4
BC GLOBAL EDUCATION PROGRAM · APPENDIX
111
Index
Symbols
1701 data submission 6, 7, 68, 69, 108, 109
A
Annual inspection 4, 14, 21, 50, 90
Annual Report 3, 4, 5, 8, 10, 17, 24, 34, 45, 62, 64, 67,
73, 85, 99, 102, 104, 107
B
B.C. curriculum 1, 2, 3, 8, 11, 12, 18, 21, 24, 25, 26, 31
Biennial Inspections 4
Board/Authority Authorized 26, 30
Business plan 5, 34, 35, 46, 59, 73, 86
C
Certificate of Qualification 18, 19, 31, 34, 63, 65, 73,
103, 105
Certification 1, 2, 4, 12, 19, 22, 27, 33, 34, 35, 38, 41,
57, 65, 67, 73, 77, 78, 80, 90, 99, 105
Certification Agreement 3, 4, 5, 6, 8, 9, 10, 13, 17, 18,
19, 20, 22, 24, 25, 31, 68, 72, 74, 78, 80, 91, 108
Complaints 4, 9, 10, 13, 19, 21, 22, 23, 52, 62, 92, 102
Compliance 4, 8, 10, 22, 30, 36, 41, 44, 46, 49, 51, 52,
60, 62, 66, 75, 80, 85, 89, 91, 92, 100, 102, 106
Consent forms 17, 18, 45, 85, 87
Contracts 18, 20, 64, 104
Copyright 25, 43, 44, 83, 84
D
Decertification 3, 22
Dispute resolution 8, 11, 13, 20, 21, 22, 54, 62, 64, 94,
102, 104
Distributed Learning 17, 31, 34, 35, 45, 49, 71, 74, 84,
85, 89, 111
Dogwood diploma 2, 18
112
B.C. GLOBAL EDUCATION PROGRAM · INDEX
E
English language learning 22, 26
Enrolment 24, 29, 99
Equivalency 25, 29, 30, 32, 60, 100
Exam 8, 24, 27, 28, 29, 70, 100, 109, 111
Exempted Courses 19, 31
F
Facilities 12, 14, 37, 39, 50, 60, 79, 90, 100, 101, 106
Fees 2, 3, 4, 6, 7, 8, 18, 22, 40, 50, 51, 52, 59, 68, 69,
80, 90, 91, 92, 99, 108, 109
Financial statements 5, 13, 34, 73
G
Graduation Program 25, 29, 35, 51, 74, 76, 77, 91, 94
I
Independent School Subject-Restricted Teaching
Certificate 18
Inspection 2, 3, 4, 5, 6, 7, 9, 10, 12, 21, 22, 24, 26, 32
Inspection Catalogue 5, 14, 34, 36, 46, 73, 74, 86
Instructional time 8, 25, 60, 100
Internet 14, 16, 70, 111
L
Learning audit 6, 7, 22, 36, 50, 68, 91, 108
Locally-certified 19, 31
M
Marketing 5, 8, 18
Ministry Liaison 9, 10, 11
O
Offshore Program Consultant 9, 10, 13, 14, 15, 36, 37,
47, 61, 62, 66, 76, 86, 87, 101, 102, 106
Offshore School Representative 13, 36, 61, 75, 101
Owner/Operator 2, 3, 4, 5, 7, 8, 9, 10, 11, 12, 13, 14, 15,
17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 28, 29, 31,
72, 73, 76, 77, 78, 79, 80, 81, 82, 83, 84, 85, 86,
87, 88, 89, 90, 91, 92, 93, 95, 96, 98, 99, 100,
101, 102, 103, 104, 105, 106, 107, 109
P
Parental appeals 8, 13, 42, 81
Personal Education Number (PEN) 27, 75, 85
Precertification 2, 25
Pre-Certification Agreement 3, 8, 24, 33, 40, 72, 75, 99
Prescribed Learning Outcomes 8, 11, 27, 29
Principal 9, 10, 11, 12, 13, 17, 18, 20, 26, 28, 36, 42, 45,
47, 48, 49, 62, 63, 64, 65, 66, 71, 75, 76, 81, 85,
87, 88, 101, 102, 103, 104, 105, 106, 111
Probationary status 3, 6, 22, 36, 52, 68, 75, 92, 108
Professional development 5, 10, 11, 13, 18, 20, 21, 32,
42, 45, 62, 63, 82, 85, 102, 103
Provincial education standards 8, 11, 12
Provincial exam 8, 27, 28, 29
S
School record 11, 16, 45, 63, 64, 84, 103, 104
Standards 4, 5, 8, 11, 12, 13, 14, 19, 25, 26, 27, 34, 46,
48, 49, 50, 60, 73, 86, 88, 89, 90, 100
Student achievement 8, 22, 27, 50, 91
Student assessment 13, 27, 42, 103
Student course marks 27
Student Record 17, 32, 37, 45, 46, 47, 64, 76, 85, 104
T
Teacher 1, 4, 5, 8, 9, 10, 11, 12, 13, 16, 18, 19, 20, 21,
22, 26, 31, 35, 37, 47, 48, 49, 55, 65, 73, 74, 87,
88, 95, 105
Teacher Regulation Branch 12, 19, 37, 55, 77
Technology 29
Twinning 32
B.C. GLOBAL EDUCATION PROGRAM · INDEX
113
British Columbia
Global Education
Program
BRITISH COLUMBIA GLOBAL EDUCATION PROGRAM
2015/2016