Background

Under the School Act, students who are 18 years of age or older, or 16 years of age or older and living independently or who are a party to an agreement under the Child, Youth and Family Enhancement Act, are independent students.

The Superintendent recognizes that a student may be legally recognized as an "independent student" under the School Act upon reaching the age of 16 (sixteen) and living independently, and is thus entitled to exercise all the rights, powers, and privileges and subject to the obligations under the School Act that the student’s parent is entitled to exercise or is subject to. For the purpose of this Administrative Procedure, a student declared by the principal as an “Independent Student” will be able to access and receive all the benefits under the School Act that the student’s parent is entitled to receive. The Superintendent expects that principals shall give careful consideration to a decision granting independent status and that such a decision shall meet the procedures outlined below.

Procedures

1. A student who is between 16 and 18 years of age and wishes to establish independent status must notify the school principal in writing of the request to be considered an Independent Student.
2. The student must inform the principal in writing of any change in circumstances affecting the student’s independent status within 7 (seven) days of the change in circumstances.
3. The independent status of the student may be revoked upon written notice from the principal if the student who is under the age of 18 returns to live with his/her parent(s)/guardian(s).
4. An independent student is entitled to exercise all the rights and powers, receive all the benefits, and be subject to all the obligations under the School Act that the student's parent(s)/guardian(s) are entitled to exercise, receive or be subject to. The student's parent(s)/guardian(s) shall not exercise those rights, receive those benefits or be subject to those obligations.
5. To be considered as an Independent Student, the student must provide the principal with the following:
   1. a birth certificate as evidence of age (16 or older);
   2. a written statement of location of residence (must not be the same address as the parent(s)/guardian(s);
   3. a written statement from the student or the student’s parent(s)/guardian(s) indicating that the student is living independently; or a legal document showing the student is a party to an agreement under section 57.2 of the Child, Youth and Family Enhancement Act.
   4. a statement from the student describing how the student contributes financially to his or her maintenance and is responsible for the making of significant decisions regarding matters such as health care.
6. In determining whether a student is living independently, the principal may consider the following factors:
   
   1. the student’s living arrangements;
   2. whether the student is financially independent or contributes financially to his or her maintenance;
   3. whether the student is responsible for the making of significant decisions regarding matters such as health care;
   4. any other factor the principal considers relevant.
7. Independent Students are subject to Division rules and regulations.