Administrative Procedure 304
INDEPENDENT STUDENTS Background An independent student is defined under the School Act to be a student who is eighteen years of age or older, or sixteen years of age or older and who is living independently, or who is a party to an agreement under section 57.2 of the Child, Youth and Family Enhancement Act. According to section 1(3) of the School Act, an independent student is entitled to exercise all the rights and powers and receive all the benefits and is subject to all the obligations under the School Act that the student’s parents/legal guardians are entitled to exercise or receive or subject to those obligations, and the student’s parents/legal guardians shall not exercise those rights, receive those benefits or be subject to those obligations. In order to determine whether a student is an independent student, a number of factors must be considered. Procedures 1. A principal may only consider whether a student may be classified as an independent student when the student submits in writing to the principal, a request to be classified as an independent student. When such a request is received, the principal must ensure that the student in question is between sixteen and eighteen years of age. 2. For the purposes of determining the independent status of a student, a principal must consider the following factors: 2.1. Whether the student’s parents/legal guardians or the student has provided a statutory declaration or a satisfactory written statement that the student is independent; 2.2. Whether there is information to confirm that the student is able to earn sufficient monies to support living on their own or, contributes substantially to their own maintenance or, receives independent government financial support separate from that which their parents/legal guardians may receive; 2.3. Whether the student provides sufficient information to demonstrate responsibility for making their own decisions with respect to day-to-day living; 2.4. Whether the student is making or has maintained arrangements for independent living accommodation; 2.5. Whether there is sufficient information to demonstrate that the student is able to address adequately major decisions, such as the payment for food, shelter, clothing, education and medical treatment;
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2.6. Whether the student is married or cohabitating with another person and whether that other person is an adult; 2.7. Any other relevant factors. 3. In assessing the above factors, the principal need not rely upon any one factor as determinative of the status of the student but, may take into account any or all of them to arrive at the determination. 4. If the principal is of the view that none of the factors are determinative of the status of the student, then the principal must notify in writing, the parents/legal guardians and the student of the principal’s decision. 5. Notwithstanding the above, a principal must determine that the student is an independent student where the principal is presented documentation of an agreement with the director under the Child, Youth and Family Enhancement Act verifying that the student is living independently of the student’s parents/legal guardians, provided that the student is sixteen years of age or older. 6. Based upon the above, if the principal determines that the student is to be classified as an independent student, then the principal must ensure that the classification of the student as an independent student is entered into the student information system (PowerSchool). 7. Where the student, for whatever reason, is no longer able to satisfy the above factors for being an independent student or, the agreement with the director under the Child, Youth and Family Enhancement Act is terminated, then the student and the student’s parents/legal guardians must advise the principal in writing of the change in the student’s status and the principal must then ensure that this change in status is entered into the student information system (PowerSchool). 8. Where so classified, an independent student is a resident student of the district/division in which the student resides.
Approval Date:
April 12, 2016
Reference:
School Act Section 1, 3, 8, 13, 14, 15, 20, 23, 30, 44, 45, 45.1, 60, 61, 113 Child, Youth and Family Enhancement Act Section 57 Student Record Regulation, AR 225/2006
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April 2016 Page 2 of 2
