Board Policies & Administrative Procedures

Administrative Procedure 308: INDEPENDENT STUDENT

Background

The Division recognizes the right granted under the Education Act for students age sixteen (16) years or older to declare themselves independent students and be granted the same rights that a parent would possess under the Education Act. The declaration process, however, must be done in harmony with the following procedures and is subject to the judgement of the Principal or Superintendent.

Definition

• An independent student means a student who is:
  • 18 years of age or older, or
  • 16 years of age or older and
    • Living independently as determined by a board in accordance with section 6 of the School Act or
    • A party to an agreement under section 57.2 of the Child, Youth and Family Enhancement Act

Procedures

1. The student shall initiate the process to declare his/her status as independent by contacting the Principal of the school in writing.
   
   
2. As an independent student, the student:
   1. Has the right to access his/her student files, records and marks and the right to control access to those files;
   2. Is responsible to pay all required fees or rentals;
   3. Is responsible for daily and punctual attendance at school and abide by all responsibilities outlined in Administrative Procedure 330: Student Attendance.
      
      
3. If the student is declared independent, his/her parent(s) shall not exercise those rights ordinarily entitled to a parent(s) under the Education Act.
    
4. The status of a student may change during the course of the school year as the student's circumstances or commitments change.
    
5. For students sixteen (16) or seventeen (17) years of age:
   1. If the student is a party to an agreement under section 57.2 of the Child, Youth and Family Enhancement Act they are entitled to be independent.
   2. If the student is not party to an agreement under section 57.2 of the Child, Youth and Family Enhancement Act, then the principal will use the following information to make a decision:
      1. Whether the student or the student’s parent has made a statement in writing indicating that the student is living independently
      2. The student’s living arrangements
      3. Whether the student is financially independent or contributes financially to his or her maintenance
      4. Whether the student is responsible for making of significant decisions regarding matters such as health care
      5. Indication of commitment to attend and study;
      6. None of these criteria alone is a sole indicator of independence, but the response to all of them will assist the principal in determining whether the student should be identified as an independent student.
         
         
6. Once a student is declared an Independent Student, the independent student must sign consent before parents may access information about the student’s progress or review the student’s file.
   
   
7. The Principal will make the decision. If the independent status is granted, the student’s records and files will be so documented.
    
8. If the Principal does not grant independent status, the student has the right to appeal the decision to the Superintendent.
   
   
9. If a parent disagrees with the principal's decision, they can appeal the decision to the Superintendent.

Reference

Section 3, 4, 6, 7, 8, 9, 11, 16, 21, 52, 53, 197, 222 Education Act
Child, Youth and Family Enhancement Act

Approved: April 11, 1995

Amended: November 13, 2000; August 21, 2018; August 2023

Last Updated: August 22, 2023