Alberta Issues New Ministerial Order on In-Person Learning in Response to Court Ruling
The Alberta government has issued a new ministerial order in response to a court ruling last week that blocked the province from exempting high-needs students from in-person classes during the ongoing school support staff strikes.
An Alberta judge granted an injunction against a ministerial order issued for the Edmonton Public School Board (EPSB), which had allowed them to keep some children with disabilities at home. Court of King’s Bench Justice Anna Loparco ruled that it was in the public interest to ensure all students have access to school, even during a labour shortage.
Similar ministerial orders were in place for the Fort McMurray Public and Catholic School Divisions, allowing them to keep high-needs students at home.
In response to the court injunction, Education Minister Demetrios Nicolaides issued a statement saying: “We have taken the court’s ruling very seriously and will be making changes to the ministerial orders immediately.”
The new order requires school boards to evaluate and distribute resources in an “inclusive, equitable and fair manner,” ensuring all students are considered, regardless of whether they require educational assistant support. It also directs school authorities to make “reasonable efforts” to provide an in-person learning option to all students, including those with special needs.
“In-person learning is important for students’ success and mental well-being,” Nicolaides said, adding that the province remains committed to working with school partners to continue in-person learning during strikes.
However, the order does not mandate a full return to in-person classes for special-needs students. Instead, it leaves the decision of whether a student can be reasonably accommodated during the ongoing labour disputes to the discretion of individual school boards, which must balance in-class options with at-home learning alternatives.
“School boards have the trust of Alberta Education to make decisions regarding educational programming at the local level, as we believe they know best the needs of their students and schools,” Nicolaides said. While the order aims to promote equity and inclusivity, it does not guarantee that special-needs students will return to classrooms.
The province acknowledged that the ongoing strikes and labour shortages will likely limit school boards’ ability to accommodate in-person learning for all students. The order also requires school divisions to communicate regularly with parents and students about their plans. “Alberta’s government expects school boards to be in consistent and clear communication with students and parents during the ongoing strikes,” Nicolaides stated.
While the new ministerial order addresses the court’s concerns about equity and inclusivity, it is unlikely to result in significant changes for individual students or families in the short term. Special-needs children may still face barriers to returning to in-person learning as school boards navigate staffing challenges and strike-related disruptions. The order reflects the province’s attempt to balance legal obligations with the realities of the ongoing labour disputes, but it stops short of ensuring a return to classrooms for Alberta’s most vulnerable students.
