The Education Act Student Regulations Amendment changes to the Education Act Student Regulations (EC531/16) under the Education Act R.S.P.E.I. 1988. The amendment primarily focuses on the process for a student to apply for designation as an independent student.

The new regulations add Section 6.1, which provides a mechanism for students aged 16 or older to apply to the Director for independent student status. The Director has the discretion to grant this status based on several factors, including the student’s living arrangements, financial independence, responsibility for significant decisions, the duration of independent living, and any legal proceedings related to parental rights. Additionally, the Director may consider representations and documentation from various parties, such as the student, their parents, or any relevant individuals. Following the assessment, the Director must notify both the student and their parent in writing of the decision, including the reasons for it and information on how to appeal the decision under Section 55 of the Education Act.

The amendment also introduces several changes to the appeal process. Section 11 is revised to clarify the process for filing an appeal, specifying that both students and parents can appeal decisions related to the designation of independent student status. The notice of appeal must be submitted within ten days of receiving or becoming aware of the decision. The appeal must include a copy of the decision notice and supporting documentation, as well as a description of the grounds for the appeal. Furthermore, changes are made to clause 11(3)(b) to replace the phrase “the parent of the student” with “the appellant,” broadening the language to include both students and parents. Section 11(4) is similarly amended to allow for appeals by either a parent or a student. The changes in Section 12 reflect this shift by broadening the appeal language to allow both students and parents to appeal decisions about independent student status.

The “Application for designation as independent student” is a process outlined in the amended Education Act regulations, allowing students aged 16 or older to apply for recognition as an independent student. An independent student is someone who is living independently of their parents and taking responsibility for their own decisions, including financial and personal matters.
To apply for this designation, the student must submit an application to the Director of education in a specified format. The Director will then evaluate the application based on several factors, such as: The student’s living arrangements: Whether the student is living on their own, without the direct support of their parents. The student’s financial situation: Whether the student is financially self-sufficient or has significant financial support independent of their parents. The student’s responsibility for decisions: Whether the student is making significant decisions about their life, such as where to live or what education to pursue, without parental involvement. Duration of independent living: How long the student has been living independently and managing their own affairs. Any legal proceedings related to parental rights: Whether there are any legal matters that affect the student’s relationship with their parents, such as custody or guardianship issues.

Prince Edward Island Location (EC2025-68) February 8, 2025