Establishing an Independent School

Last updated on July 4, 2024

Date came into force or revised

Revised: June 28, 2024

Status

Current

Policy statement

Independent schools must be established and certified in accordance with the Independent School Act (PDF).

Rationale or purpose of policy

To provide an outline of the process for establishing and certifying an independent school

Authority

Independent School Act (PDF) Section 4 and Schedule

Policy in full

All British Columbia independent schools must satisfy the Inspector of Independent Schools that they meet the requirements specified in the Independent School Act (PDF), and Regulations, Minister's Orders, and Inspector's Orders. The procedures described within this policy set out the steps that must be taken to establish and certify an independent school.

New school proponents are solely responsible for being aware of, and meeting, all the submission dates, and other requirements set out in the procedures below. Late or incomplete submissions at any stage of the process will result in an application not being approved. Special consideration may be given if the applicant can provide satisfactory evidence that extraordinary circumstances beyond their control resulted in their inability to meet a deadline. Failure to adhere to all procedures and requirements of this policy may result in the denial of an application.

Before You Begin

The Application Process

  • Thoroughly review and be familiar with the Independent School Information for Administrators.
  • See the Infographic: Opening an Independent School in British Columbia (PDF).
  • Applicants who do not have experience in navigating the B.C. education system, specifically with establishing an independent school, may benefit from hiring an educational consultant. FISA BC may be able to assist in finding an educational consultant.
  • The Ministry’s role as regulator and evaluator of the applications precludes it from providing assistance and guidance to prospective applicants.
  • Develop a clear model of the school you are seeking to open, considering:
    • Intended final classification being sought;
    • Initial grade ranges (and final desired grade ranges) offered
    • Educational philosophy and educational program; and
    • Sustainability, growth, and marketing plans for the proposed school model
  • Prospective school authorities must be incorporated in British Columbia either as a society under the Societies Act, as a company under the Business Corporations Act, or as established under an Order in Council, or as a Private Act by the time of submission of the EOI.
  • Incorporation applications must be made to the Registrar of Companies. The assistance of a solicitor may be desirable for the incorporation process.
  • Please note: only not-for-profit authorities (incorporated under the BC Societies Act) or by Order in Council or Private Act are eligible for provincial funding.
  • Any proposed change to the authority during the application process must be communicated to the Ministry prior to being implemented.
  • Prior to submitting an EOI, a prospective authority should do its own preliminary analysis on viability to operate an educational program that meets the requirements for certification, including analysis of projected student population, financial resources, facility availability, ability to recruit staff, and other relevant factors.
  • The prospective authority should locate a potential site and begin working with local government (municipality, regional district, or First Nations government) regarding applicable by-laws and zoning requirements to ensure the chosen location can qualify for school use. See the Sample Local Government Compliance Letter.
  • The prospective authority should ensure the facility is suitable for the delivery of the educational program.
  • Any post-secondary institution in B.C. applying to establish or operate an independent school, either directly or indirectly, should contact the Strategic Policy and Initiatives Branch in the Ministry of Advanced Education and Skills Training to discuss alignment with legislative and policy requirements for post-secondary institutions, at: AEST.StrategicPolicy&Initiatives@gov.bc.ca.

Choosing a name:

  • Independent schools should undertake their own due diligence to choose a name that avoids confusion with other public schools, independent schools, language schools or other learning institutions (including post-secondary).
  • Prospective school authorities may be asked to reconsider a name selection if it is similar to the name of an existing school or institution.
  • Please note that the use of the term ‘university’ is limited by the provisions of the Degree Authorization Act.
  • Written consent from Government is required to use words that could imply a connection between a school and government, e.g., school names that incorporate terms such as “government,” or “British Columbia.”

Ministry review of applications:

  • Be aware that late or partially completed submissions at any stage in the process will result in the denial of an application unless the applicant has previously notified the Ministry of extenuating circumstances and received a prior deadline extension from the Inspector of Independent Schools.
  • Any exceptions to the deadlines presented in this policy are at the discretion of the Inspector of Independent Schools in consideration of evidence of exceptional circumstances provided by the applicant.
  • Any request for an extension must be made prior to the submission deadline for that step.
  • Earlier submission is encouraged and will speed up the application’s review and processing.
  • Complete submissions will be reviewed, and responses provided in the order received by the Ministry whenever possible. 
  • Understand that progression through the application process requires successful completion of the previous requirements. Interim Certification (Step 5), for example, will not be issued without the prior, successful completion of Steps 1 – 4.

Group 4 only:

  • Under the Independent School Act, Group 4 independent schools require bonding (in the form of an irrevocable letter of credit or surety bond). For general information on bonding please see the Group 4 Independent School Bonding Policy.  Note, as a result of the requirements of the Bonding Act, a bond provided by a Group 4 applicant can take up to three years to return depending on the circumstances, even for a school that does not open. 
  • Prospective Group 4 schools are advised not to submit finalized bonding documents to the Ministry until after they have been notified whether or not they were successful at the interview stage.  

Key Considerations

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A) Policy Eligibility and Scope

  • This policy applies to all proposed new schools wishing to receive certification as a B.C. independent school and to all entities offering schooling to 10 or more students, barring the specifically exempted entities described in Section 19(1) of the Independent School Act.
  • Authorities of formerly certified independent schools that have ceased to operate need to reapply in accordance with this policy if they seek to reopen.
  • Authorities wishing to transfer a school from one authority to another are required to contact the Ministry well in advance of the proposed date of transfer as there may be a requirement to apply under this policy.
 

B) Application Timelines

  • This is an annual cycle, leading to a September school opening. Mid-year school start-ups will not be considered. Applications will only be accepted for schools commencing operations the following September (i.e., it is not possible to apply more than one year in advance of the planned school opening).
  • Only in extraordinary circumstances, where that applicant can satisfy the Ministry that the well-being of children or youth is a consideration, will an application be permitted to proceed outside timelines set out in this policy. 
  • Early submission of complete and satisfactory documentation and any additional required information may allow for early processing, interview, and subsequent issuance of interim certification. The application forms for the correct school year must be used for the application.
  • While timelines will vary based on the circumstances of each application, receiving interim certification typically takes 3 – 4 months to complete.
 

Step

Proponent Timelines

Ministry Response Standard

Step 1 - Expression of Interest

Expressions of interest may be submitted between July 1, and October 15 annually.

Proponents will typically be notified within 2 weeks of submission whether or not they will be invited to Step 2.

Step 2 - Application Submission

Application Submission is by invitation only and must be submitted by November 15.

Proponents will typically be offered an interview time within 3 weeks of providing their complete interview submission to the Ministry and in the order that applications were received.

Step 3 - Interview

All interviews are by invitation only and must be completed before March 15.

Proponents are typically notified of the results of the interview within two weeks of the interview’s completion.

Step 4 – Pre-certification submission

Applicants invited to submit at this stage will need to provide the following no later than June 1:

Proponents can generally expect notification of interim certification, (including the assignment of a school code), within 2 weeks of providing a complete submission to the Ministry.

Step 5 – Interim Certification

Only after receipt of interim certification may a candidate school begin marketing and recruiting students. (See section F. below for conditions relating to student fees and refunds).

Interim Certification will be issued to candidate schools no later than June 30

Step 6 - School Opening

School opens in the first week of September.

On September 20, a new school must provide written confirmation of enrolment, including whether or not it expects to have (at the time of the September 30 1701 data collection):

  • a minimum of 10 fully enrolled students, and
  • at least 50% B.C. resident students for a school seeking Group 2 or 3 certification

The Ministry will review the September 20 enrolment confirmation and will typically respond within one to two business days if there are any concerns related to the school’s enrolment count and potential impacts on certification status if the school anticipates not having sufficient enrolment to meet certification conditions.

Step 7 - External Evaluation

The candidate school will be contacted by a Ministry representative in June to schedule an external evaluation inspection during the first month of school operation.

An external evaluation inspection will be scheduled for the fall (typically September/early October) of the first year of operation.
Step 8 - Certification

Timelines for the resolution of any outstanding compliance requirements identified in the external evaluation will be communicated to the school authority through the evaluation report.

 Certification will be issued upon successful completion and resolution of any requirements identified in the external evaluation report.
 

C) Certification

 

D) Online Learning

 

E) Enrolment and Marketing

  • After the submission of an Expression of Interest, a prospective school authority may develop a web presence that clearly and prominently states on the home page the prospective school is seeking certification and is not yet currently certified. This website may be used, for example, for the purpose of recruiting prospective school staff or securing a letter of municipal/local government compliance. The website may not promote or facilitate student recruitment until after interim certification (Step 5).
  • In extraordinary circumstances, where a prospective school authority is able to demonstrate exceptional value to a community, the Ministry may consider permitting limited marketing prior to receiving an expression of interest.
  • Recruiting students for a proposed new school may not begin prior to the issuance of an interim certificate (Step 5).
  • New schools must have 10 or more school age students who are enrolled and in physical attendance with the school and reported as 1.00 FTE each as of September 30, in accordance with the 1701 instructions for independent schools for the September data collection. Failure to do so may result in the termination of the interim certificate.
  • Schools seeking Group 2 or 3 Classification must ensure that at least 50% B.C. resident students are enrolled as of September 30. Failure to do so may result in the termination of the interim certificate.
  • Prior to the 1701 data collection, schools must report their overall enrolment and the number of resident and international students to the Inspector of Independent Schools no later than September 20. (Step 6).
  • Department of Immigration, Refugees and Citizenship Canada requires that a school be certified, at least on an interim basis, prior to considering study permit applications from students.
  • All school marketing materials (e.g., websites) must accurately reflect the school's current Certificate of Group Classification and the programs offered.
 

F) Fees and Refunds

  • All schools should have clear policies and procedures in place with regard to fee refunds, please review the School Fee Refund Guidelines (PDF). All schools are required to implement and abide by the Ministry’s  Anti-Money Laundering/Cash Payment Policy restrictions.
  • Fees include tuition fees, boarding fees, and any other fees, charges, or deposits collected by the school authority.
  • Prior to interim certification being issued, no fees for prospective students may be collected.
  • In the period between receipt of interim certification and July 1 of the year the school intends to begin operating, a deposit of up to CDN $500 per student may be collected. No other fees from families may be collected during this time.
  • After July 1 of the year the school intends to begin operating, an authority may collect fees for the school year commencing the following September only after the authority has posted its fee refund policy online and in any relevant printed materials, e.g., parent handbook.
  • School authorities must not collect fees for multiple years.
  • If a proposed school with interim certification does not commence operations or does not receive certification following initial external evaluation, interim certification will be revoked.
  • As set out in the School Fee Refund Guidelines (PDF), Group 1, 2, and 3 schools’ refund policy must include the following statement in the first year of operation:
    • The Inspector of Independent Schools expects schools with interim Group 1, 2, or 3 certifications to have access to enough cash-on-hand to provide fee refunds in the event that the school fails to open or fails to receive certification after an initial external evaluation inspection or otherwise closes during its first year of operation.
  • Group 4 schools’ fee refund policy must include the following statement in the first year of operation:
    • The Inspector of Independent Schools expects start-up schools with interim Group 4 certification to have access – without recourse to the Group 4 Independent School Bond – to enough cash-on-hand to provide fee refunds in the event that the school fails to open, fails to receive certification after an initial external evaluation inspection, or otherwise closes during its first year of operation. Ministry of Education and Child Care administration of a Group 4 independent school bond for the purpose of providing partial refunds can be a lengthy process, taking up to 40 months, and parents should not rely on partial refunds derived from this bond for any payment required before this time period (e.g., parents should not rely on the partial refund coming from the bond to pay fees at another school).
 

G) School Programming and School Configuration

  • Prospective new schools should consider involving a B.C. certified educator, ideally with experience establishing new independent schools in B.C. and/or school administration experience to advise on the development of the education program at an early stage. FISA BC may be able to assist in finding such an educational consultant. Insufficient B.C. education sector expertise is a common reason for rejected applications.
  • Certification will only be granted for schools seeking to offer adjacent grades, for example, Grades K-6 inclusive. A discontinuous program offering, such as Grades K-3 and 6, for example would not meet this requirement.
  • A prospective school, planning to offer Grades K-9, may start by offering one grade or multiple adjacent grades. If a school seeks to alter its certification to add grades in a subsequent year, approval will only be given to the addition of adjacent grades. For example, if a school is initially certified to offer grades K-3, it would not be approved to offer Grade 5 without also offering Grade 4.
  • A prospective school seeking to offer grades that comprise the Graduation Program (Grades 10-12) will be required to demonstrate satisfactory understanding and knowledge of the full (Grades 10-12) Graduation Program’s requirements, even if it is only seeking certification for initially offering Grade 10. If the school is, initially, approved for part of the Graduation Program, it may, in subsequent years, seek approval to offer further sequential grades. For example, a school certified to offer Grade 10 would not be certified to offer Grade 12 without also being certified to offer Grade 11.
  • In Grades 10-12, the school’s educational program must offer a sufficient number of required and elective graduation program course credits at each grade level that the school offers. Students must be able to earn sufficient course credits in each offered grade to ensure they can earn the required minimum graduation credits at the school itself. Students may select elective course credits from Online Learning programs over and above the required 80 graduation program credits offered at the school.
  • In the first year of operation, new schools can only offer programs to school-aged students and are not permitted to enrol students in adult graduation programs. Prior, written approval of the Inspector of Independent Schools is required before enrolling adult students in subsequent years of operation; the Inspector’s decision will be based on the school’s history of offering a successful graduation program to school-aged students.
 

H) Communications

  • Independent school authorities and principals will be granted access to information bulletins from the Deputy Minister of Education. The Deputy Minister’s Bulletin is the Ministry's main communication tool to independent school authorities and principals. New school principals will be provided access to the Bulletins after receipt of interim certification. Communications are posted each week. School authorities and principals are encouraged to share this information as appropriate with staff.
  • Schools may choose to join MyEdBC once interim certification has been issued.
 

I) Changes to Submitted Materials

  • Any significant changes during the application process, such as substantive changes in the authority responsible for the prospective school, facility location, proposed grade ranges, intended school classification or any other major change must be clearly communicated to the Ministry prior to implementation. Failure to report such changes may result in the denial of an application or revocation of interim certification.
 

J) Questions / Comments

 

Procedures related to policy

In order to determine eligibility for certification, prospective applicants must complete the following steps:

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Step 1 – Expression of Interest

Action

 

  • Note:
    • EOIs are reviewed for completeness by the Ministry of Education and Child Care.
    • The Ministry will not accept an EOI that does not include all required elements at the time of submission.
    • Applicants denied at the EOI stage receive a denial letter that communicates the reason the application was denied.
    • The Ministry’s role as regulator and evaluator of the applications precludes it from providing assistance and guidance to prospective applicants.

Deadline

  • Fully completed EOI submission through the Portal (for school start up the following September) will be accepted between July 1 and October 15.

Additional Information

  • Key requirements of the EOI stage:
    • Establish an independent school authority.
    • Complete and submit EOI and related documentation as set out in the EOI instructions.
  • Group 4 applicants only – additional requirements:
    • Begin working with a financial institution or surety bond provider to determine eligibility for obtaining an adequate bond.
  • Only applicants who have satisfactorily submitted a successful EOI submission will be invited to Step 2 – Application Submission
 

Step 2 – Application Submission

Action

Deadline

  • The Application for Interim Certification form and all related documents must be submitted no later than November 15 – earlier submissions are welcome.
  • The  Application Submission Checklist (PDF) provides a list of required materials. All school policies/procedures indicated in the application checklist must be provided.
  • If an early submission is found to be complete and sufficient, the Ministry will invite the applicant to an interview within two weeks.
  • The Ministry will not accept an application submission that does not include all required elements at the time of submission.
 

Step 3 – Interview 

Action

  • Upon invitation, applicants are required to schedule and complete the Interview no later than March 15. The Ministry will work with applicants to set a mutually agreeable meeting date, but final meeting dates will be set by the Ministry.
  • The Inspector of Independent Schools will conduct an in-depth interview to review the complete Application Submission and assess motivation, preparation, familiarity with provincial curriculum requirements, any prior independent school experience, capacity, school goals, and readiness and ability to start an independent school that will successfully meet Ministry requirements.
  • An applicant must be prepared to clearly articulate plans for implementing their educational program in a manner consistent with the level of certification they are seeking.
  • During the interview, essential certification requirements and inspection processes will be reviewed and discussed in detail, including school policies, which must be school specific and ready to operationalize.
  • Applicants will be informed of the result of the Interview within two weeks after the Interview.
 

Step 4 – Pre-certification Submission

Action

  • Prospective applicants who have satisfactorily completed the interview (Step 3) will be invited to make their Pre-Certification Submission (including supporting documentation) thereby formally confirming all outstanding requirements have been met.

Deadline

  • Pre-certification Submission (and supporting documentation) must be received no later than June 1 – earlier submission is welcome.

Additional Information for ALL Applicants

Additional Information for Group 4 Applicants

  • Interim certification will not be granted unless the applicant provides an irrevocable letter of credit or surety bond (with the Minister of Finance as beneficiary) in the amount of at least $100,000 issued by a bank or surety company in B.C. (The bond should not be obtained from a surety provider before the applicant is advised of the outcome of the interview).
  • International students may not be enrolled until after the school has been issued interim certification.
 

Step 5 – Interim Certification

  • Upon satisfactory completion of Steps 1 through 4, the Ministry of Education and Child Care will typically issue an interim certificate by June 30 permitting the school to begin operating as an independent school in September.
  • Note: 
    • Schools ultimately seeking only Group 3 classification in their first year will initially receive an interim Group 3 certificate that may be changed to a permanent Group 3 Certificate upon a successful inspection.
    • Schools ultimately seeking Group 2 classification in their first year will also initially receive an interim Group 3 certificate that may be changed to a regular Group 2 Certificate upon a successful inspection.
    • Schools ultimately seeking Group 1 classification will not be able to apply for this until the second year of operating and will also initially receive an interim Group 3 certificate that may be changed to a permanent Group 2 Certificate upon a successful inspection. In a subsequent year, the School Authority may apply to qualify for Group 1 classification based on their first year’s Statement of Per Student Operating Costs and meeting the requirements.
    • Schools ultimately seeking Group 4 classification will receive an interim Group 4 certificate which may be changed to a regular Group 4 Certificate upon a successful inspection
  • Operation as a B.C. certified school prior to September 1 and prior to having received interim certification is prohibited.
  • Upon issuance of interim certification, the Ministry of Education and Child Care will schedule a full inspection (external evaluation – see Step 7) which typically takes place in the first month of school.
  • Interim certification is valid for the dates specified on the Interim Certificate unless the School Authority receives full certification from the Ministry of Education and Child Care or the Interim Certificate is revoked.
  • Upon issuance of interim certification, the Ministry will grant applicants permission to start marketing the prospective school’s intended opening in September with specific claims stating that:
    • The B.C. Ministry of Education and Child Care authorizes the applicant to offer an educational program beginning in September, and
    • The school will be fully inspected in the fall and expects, upon resolution of any compliance issues identified during the inspection, to be issued full certification by the B.C. Ministry of Education and Child Care shortly thereafter.
  • Failure to maintain the requirements for certification may result in the decertification of a school.
  • After receipt of interim certification, fees may not be collected, other than a deposit of up to $500 per student, prior to July 1 of the year the school intends to begin operating.
  • If a school fails to achieve or maintain B.C. Ministry of Education and Child Care Group 4 certification during the first year of operation, collected fees and tuition will be reimbursed by the School Authority according to its posted refund policy.
 

Step 6 – School Opening

Deadline

  • The first week of classes usually begins in early September. Classes must be in session before September 30
  • Schools are required to inform the Ministry of their student enrolment (full FTE) counts by September 20.
  • By October 15, the School must complete the required data submissions (Ministry documents 1601, 1602, and 1701).
  • Note that all independent schools must have 10 or more school age students who are enrolled with the school and reported as 1.00 FTE each as of September 30, in accordance with the 1701 instructions for independent schools for the September data collection. Failure to do so may result in the termination of the interim certificate.

Additional Information

  • Any other final preparations should be made to open the school and welcome students
 

Step 7 – External Evaluation 

Action

  • The Authority must complete an External Evaluation Report form

Deadline

  • The Authority must complete the External Evaluation Report form and submit it to the Ministry before the second Friday in September

Additional Information

  • The External Evaluation Report Form (DOCX) is revised each Spring.
  • For further information please see the External Evaluation and Inspection Policy for Independent Schools.
  • Certified independent schools in B.C. are regularly inspected by the Ministry of Education and Child Care to ensure the program continues to meet the requirements of the B.C. Ministry of Education and Child Care and the Independent School Act.
  • The Ministry reserves the right to inspect schools at any time.
  • The Ministry of Education and Child Care posts a guide for schools for the completion of External or Monitoring Inspection report templates.
 

Step 8 – Certification

Action

  • Upon completion of a successful school external evaluation, and the resolution of any requirements identified, the interim classification will be adjusted to Group 2, 3 or Group 4 certification and the school will be eligible to offer courses for graduation credit.

Deadline

  • Timelines for the resolution of any items identified in the external evaluation will be communicated to the school authority through the evaluation report

Additional Information

  • Schools are not eligible for Group 1 certification in the first year of operation.
  • Initial (Interim) certification is provided for one year. Upon a satisfactory inspection and completion of the first year of operation, ongoing certification will be granted
  • Failure to maintain the requirements for certification may result in the decertification of a school.

Resources

Contact information

For more information about this policy, contact the Independent Schools Office at EDUC.IndependentSchoolsOffice@gov.bc.ca