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Table of Contents

1.1 INTRODUCTION BC GLOBAL EDUCATION PROGRAM 1.2 SCHOOL CERTIFICATION PROCESS


Part I: Application Parts II & III: Pre-Certification and Certification Part IV: Maintaining Certification Annual Reporting

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1.3 PROGRAM GOVERNANCE STRUCTURE


(ROLES + RESPONSIBILITIES) School Owner/Operator Offshore Program Consultant and Liaison Principal (and Vice-Principal) Teachers Ministry of Education ... ... ... ... 8 10 11 12 ... 7

1.4 REQUIREMENTS + EXPECTATIONS FOR OPERATING


AN OFFSHORE SCHOOL School Operations and Administration English Language Assessment and Supports Delivery of the BC Curriculum Examinations and Graduation School Records and Data School Marketing and Public Announcements Employment of BC Administrators and Teachers Administrator/Teacher Evaluation & Professional Development Teacher Certification and Conduct Fees ... 21 ... ... ... ... ... 14 15 17 18 20 ... 12

1.5 COMPLAINTS AND COMPLIANCE


Dispute Resolution Process Complaints and Compliance Process School Decertification

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1.6 APPENDICES
Appendix A: School Certification Process Map Appendix B: Application Package Appendix C: Program Fees and Expenses Appendix D: Initial Curriculum Delivery Agreement Appendix E: Certification Agreement

Introduction 1.1
The primary purpose of the British Columbia (BC) Global Education Program is to encourage the development of international relationships and create opportunities for global learning experiences that will benefit BC students, teachers, schools, and communities by: increasing international recognition of BCs high-quality education brand; creating more opportunities for BC public and independent schools to develop international partnerships; and attracting more international students to study, and eventually work and live in BC.

This program plays an important role in BCs international education sector, and is, therefore, a key component of the Provinces broader International Education Strategy, which aims to: create a globally-oriented education system in British Columbia; ensure that all students receive quality learning and life experiences; and maximize the benefits of international education social, cultural, and economic for all BC communities, families, and businesses.

As part of the BC Global Education Program, and in support of the International Education Strategy, the Ministry of Education regulates the delivery of the BC K-12 education program (the BC curriculum) to students studying in K-12 schools overseas. There are currently 34 certified offshore schools operating in five different countries, delivering the BC curriculum to more than 9,800 K-12 students. Additional schools are expected to join the program. This operating manual is intended to provide information to both current and prospective offshore school Owner/Operators regarding the Ministrys requirements and expectations for becoming a certified offshore school under the BC Global Education Program, and for maintaining certification on an annual basis. Additional inquiries related to the BC Global Education Program and/or requirements for offshore schools can be directed to the International Education Branch at:

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BC Ministry of Education International Education Branch PO Box 9153 Victoria, British Columbia V8W 9H1 Email: International.Education@gov.bc.ca

BC GLOBAL EDUCATION PROGRAM OPERATING MANUAL

School Certification Process 1.2


This section outlines the procedures that all existing and prospective offshore schools must follow in order to obtain and maintain certification from the Ministry under the program. Applicants should carefully review the certification process and application requirements to ensure that sufficient time has been allotted for planning and preparation during each stage in the process as outlined below. For a visual representation of the school certification process, see Appendix A.

[ Part I: Application ]
Prospective offshore school Owner/Operators interested in establishing a BC offshore school must apply by submitting to the Ministry a completed Application Package (see Appendix B) along with a non-refundable Application Fee (see Appendix C). New school applications are accepted annually between September 1st and December 31st. The Ministry will not accept applications submitted outside of this time period. Prospective Owners/Operators are strongly encouraged to review all program requirements prior to beginning the application process, and must ensure that all of the required information and supporting documentation have been included in the application. Once an application has been received, the Ministry will review the information provided, including verifying whether it is accurate and valid, and will follow-up with further questions (as required). If the application proceeds further, an in-person review/interview will be arranged at the expense of the prospective Owner/ Operator. The in-person review/interview may take place, at the Ministrys discretion, either at the Ministry of Education offices in BC or onsite at the school location. The Ministrys final decision regarding the application will be communicated in writing to the prospective Owner/Operator following the completion of the in-person review/interview.

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BC GLOBAL EDUCATION PROGRAM OPERATING MANUAL

In determining whether to approve an application for a new offshore school, the Ministry will consider a range of factors, including the location of the proposed school (in relation to the number and location of existing BC offshore schools and Provincial international education priorities); the accuracy, validity, and completeness of information provided; whether the proposed plan for the school adheres to program requirements; and the suitability of the applicant (for operating a BC offshore school). In assessing applicant suitability, the Ministry will use a process that is similar to other Provincial government quality assurance programs, including consideration of the following: compliance with application requirements; the reputation and character of the applicant; whether the applicant has previously used the BC curriculum or BC education brand without authorization; whether the applicant, or any person/entity associated with the applicant has/have been involved in any illegal activities; whether there are any outstanding, related civil judgments against the applicant; whether there are any ongoing police investigations and/ or legal proceedings involving the applicant; the financial integrity of the applicant, including sources of funding for the proposed school; whether any false or misleading information has been provided or statements have been made by the applicant during the application process; and any other factors that may be relevant to the Ministrys interest in protecting the integrity of the program and/or BCs positive international education reputation.

If the application is approved by the Ministry, the Owner/Operator signs an Initial Curriculum Delivery Agreement with the Ministry, which is valid for one school year (July 1st June 30th). See Appendix D for a copy of the Initial Curriculum Delivery Agreement.

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BC GLOBAL EDUCATION PROGRAM OPERATING MANUAL

[ Part II and III: Pre-Certification & Certification ]


Once an Owner/Operator has signed an Initial Curriculum Delivery Agreement with the Ministry and paid all relevant fees (see Appendix C), the Owner/Operator is considered to be in the pre-certification phase and is permitted to deliver the BC curriculum for the following school year. During this phase, Owner/Operators are not permitted to advertise their schools as BC certified or indicate that students will be able to receive a BC Dogwood diploma upon graduation, as outlined in program agreements. The Ministry will appoint a team of inspectors to perform an onsite inspection of the school in the spring at the expense of the Owner/Operator. Once the inspection team has completed its evaluation of the school, required changes and/or follow-up items for the Owner/Operator will be identified and recommendations will be provided to the Ministry for consideration. Based on the recommendations of the inspection team and consideration of any other factors deemed relevant by the Ministry at the time the initial inspection is completed, one of the following will be communicated to the Owner/Operator:

Failure to meet requirements Ministry does not renew its Initial Curriculum Delivery Agreement with the Owner/Operator for another year (the Owner/Operator would not be able to proceed any further towards certification and would no longer be permitted to deliver the BC curriculum, but may re-apply to the program at a later time if desired); Extension of pre-certification for another year Ministry renews its Initial Curriculum Delivery Agreement with the Owner/Operator for an additional year if the school is on track towards certification but additional time is required in order to fully satisfy program requirements; or Certification Ministry signs a one-year Certification Agreement with the Owner/Operator immediately if all program requirements are being met (school would then become certified).

Owner/Operators whose Initial Curriculum Delivery Agreement was renewed for an additional year will be inspected again during the following fall at the expense of the Owner/Operator. If all program requirements are being met at that time, the school can be certified and the Owner/Operator will be permitted to sign a one-year Certification Agreement with the Ministry. If the school cannot be certified at that time, the Owner/Operator would not be able proceed any further towards certification and would no longer be permitted to deliver the BC curriculum, but may re-apply to the program at a later time if desired.

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See Appendix E for a copy of the Certification Agreement, which includes more detailed information on the requirements for Owner/Operators.

BC GLOBAL EDUCATION PROGRAM OPERATING MANUAL

[ Part IV: Maintaining Certification ]


annual inspection process
In order to maintain the BC certified school designation, Owner/Operators must continuously demonstrate that all program requirements are being met, including the payment of fees and coverage of relevant expenses (see Appendix C). In order for a schools certification to be renewed on an annual basis, the Owner/Operator must submit to the Ministry by September 30th of each year a completed Annual Report (see annual reporting section for details). Owner/Operators must also successfully pass an annual onsite inspection of the school. Annual inspections for certified schools will take place between October and December of each year at the expense of Owner/ Operators. Once the inspection team has completed its evaluation of the school, required changes and/or follow-up items for Owner/Operators will be identified and recommendations will be provided to the Ministry for consideration. The Ministry will carefully review the inspection results and follow-up with Owner/Operators to make changes as required. Taking into consideration the results of the inspection process, any remedial action(s) taken by Owner/Operators to address inspection findings, and any other factors deemed relevant by the Ministry at the time, the Ministry will either: renew its Certification Agreement with the Owner/ Operator for an additional year (if all requirements are being met); or discontinue its Certification Agreement with the Owner/Operator if program requirements are not being met (the school would be removed from the program and impacted students would have the option to transfer to either a different certified offshore school or a K-12 public or certified independent school within BC). The ministry will publish final inspection reports on its website. At its discretion, the Ministry may remove an Owner/ Operators certification at any time during the school year if the Owner/Operator is found to be out of compliance with the Ministrys requirements, including if the Owner/Operator fails to remain in good standing with the Ministry. The Ministry will consider the following criteria in assessing whether an Owner/Operator remains in good standing with the Ministry: whether the Owner/Operator is currently and has been consistently complying with agreement requirements; whether all applicable program fees have been paid and costs covered in full and on time; whether the Owner/Operator and/or individual/ entities acting on behalf of the Owner/Operator are in compliance with relevant legislation of the country/region in which the school is operating (i.e. laws pertaining to employment standards, health and safety, human rights, etc.); whether the Owner/Operator and/or individuals/ entities acting on behalf of the Owner/Operator are currently or have recently acted in a manner that could negatively impact the integrity of the program and/or BCs positive international education reputation; and any other criteria that the Ministry considers relevant at the time.

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option for biennial inspections


Owner/Operators may submit a request, in writing, to the Ministry to move to a biennial inspection process (occurring every second year) when the following requirements are met: the Owner/Operator has been in good standing with the Ministry for a minimum of five consecutive years; no significant staff turnover has taken place within the school over the course of the past two school years (i.e. including both administrators and teachers); the Ministry has not received any valid complaints related to the school or individuals/entities directly associated with the school; and the Ministry has no significant concerns regarding the quality of the educational program being provided, as demonstrated by student achievement results.

Schools approved for a biennial inspection process must still meet annual reporting requirements in order for their certification to be renewed on an annual basis. For schools on a biennial inspection cycle, the Ministry will renew Certification Agreements with Owner/Operators on an annual basis provided that annual reporting requirements have been met and the most recent inspection process has been successfully passed.

[ Annual Reporting ]
In order for a schools certification to be renewed on an annual basis, Owner/Operators must submit to the Ministry by September 30th of each year a completed Annual Report consisting of two parts:

Inspection Catalogue

Update on the Schools Business Plan

The Ministry will provide the most current version of the Inspection Catalogue to Owner/Operators by July 31st each year. A current template for school Business Plans is included in the Application Package (see Appendix B). Owner/Operators are required to complete all sections of the template as instructed, and, in doing so, must clearly demonstrate results and achievements in relation to previous Business Plans plans submitted to the Ministry. School Business Plans must include the following information (see Appendix B for detail): description of the school and its five-year plan; school operations and capacity, including Audited Financial Statements; information on the management structure and approach to engaging staff, students, and parents; and school marketing and promotion;
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human resources, including the Owner/Operators plan for ensuring that all teachers and administrators are properly certified at all times; student achievement and approach to delivering educational program(s) at the school, including English language learning, achieving Prescribed Learning Outcomes, and the role of Distributed Learning. Ministry-approved templates for the Inspection Catalogue and Business Plan may change from time to time as the Ministry adjusts its information and reporting requirements.
BC GLOBAL EDUCATION PROGRAM OPERATING MANUAL

Program Governance (Roles & Responsibilities) 1.3


The following sections outline the approved roles/responsibilities for each party involved in the administration of a BC offshore school, as outlined in the Ministrys Initial Curriculum Delivery and Certification Agreements (see Appendices D and E for more detail).

[ School Owner/Operator ]
School Owner/Operators are solely and directly accountable to the Ministry for ensuring that the school is operating in compliance with all requirements outlined in the Initial Curriculum Delivery Agreement or Certification Agreement (depending on which stage the school is at in the certification process), as well as the Provincial educational standards and program requirements/expectations identified in this operating manual. More specifically, school Owner/Operators are responsible for: directly operating the school, including delivery of the BC curriculum in English; the financial management and administration of the school, including the payment of all applicable fees and relevant costs to the Ministry; improving and maintaining student achievement and ensuring that there are no significant discrepancies between Provincial exam marks and course marks; ensuring that the education program provided at the school meets Provincial education standards as described in program agreements (i.e. achieving Prescribed Learning Outcomes, using provincial Performance Assessment Standards, meeting instructional time requirements, adhering to exam invigilation instructions, meeting English language assessment and development standards, etc.); developing policies and procedures regarding student admissions, student discipline, parental appeals, evaluation of teachers and administrators, and dispute resolution; ensuring that only those students with sufficient English language capability are permitted to enter the program and that students studying in the program have access to adequate English language development supports as required; school marketing and student recruitment; complying with all applicable laws, bylaws, orders, directions, rules, and regulations of any city, state, provincial, and national government body of the region/country in which the school operates; recruiting, hiring, compensating, and providing suitable accommodations for administrators and teachers; establishing and maintaining complete and accurate records for students, the school, and administrators and teachers; meeting Ministry data and annual reporting requirements;

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( school owner /operators responsibilities continued... )


working with the Offshore Program Consultant (if applicable), the Principal, and teachers as required to assist the Ministry in investigating complaints and resolving issues to the Ministrys satisfaction; reporting dismissal, suspension, discipline, conduct, and/or competence issues regarding the Principal or any teacher to both the Commissioner for Teacher Regulation and Ministrys Director of International Education; and supporting and participating in the Ministrys inspections of the school as required. Owner/Operators are not permitted to subcontract any of their duties, responsibilities, or obligations under either the Initial Curriculum Delivery or Certification Agreement, except for certain duties to the Offshore Program Consultant as authorized under program agreements (see Appendices D and E). This means that Offshore Program Consultants are the only third party permitted to provide services to Owners/Operators under the program.

[ Offshore Program Consultant & Liaison ]


Owner/Operators may choose to hire an Offshore Program Consultant to provide assistance in regards to the management and operation of the school. Offshore Program Consultants are permitted to perform the following duties as outlined in program agreements (see Appendices D and E): assisting the Owner/Operator to recruit and hire qualified administrators, teachers, and other school support staff; providing support to administrators and teachers in regards to visa and work permit acquisition, as applicable; arranging accommodations for administrators and teachers, and dealing with any issues that may arise as a result of those arrangements; providing cultural acclimatization assistance to the administrators and teachers; arranging for and providing professional development for administrators and teachers; and assisting the Owner/Operator in marketing the school within the guidelines set out in program agreements.

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In addition, if an Owner/Operator chooses to hire an Offshore Program Consultant, that individual/entity must also serve as the primary liaison between the Owner/Operator and the Ministry, including having the ability to legallyrepresent the Owner/Operator in dealings with the Ministry. The Offshore Program Consultants key duties associated with the liaison function are as follows: act as the primary contact to liaise and communicate with the Ministry in a timely manner; effectively manage any issues and/or complaints that may arise and resolve complaints to reach a conclusion that is satisfactory to the Ministry; participate in, and support the inspection team in conducting inspections and/or audits of the school, as applicable; and actively work with the Owner/Operator to ensure compliance with all agreement requirements, including working with the Principal and teachers to ensure that the Owner/Operators accountabilities and timelines are clearly understood and fulfilled; ensuring that all data is transferred to the Ministry and annual reporting requirements are within the Ministrys required timelines; ensure that the Owner/Operator recruits and hires only qualified and competent personnel (appropriate certification and Criminal Record Checks must be in place for administrators and teachers); attend information sessions organized by the Ministry; work with the Owner/Operator, Principal, and teachers to address the Ministrys recommendations and requirements pertaining to the school.

If an Owner/Operator chooses not to hire an Offshore Program Consultant, the liaison responsibilities, including the ability to legally-represent the Owner/Operator in dealings with the Ministry, will be assumed by the Principal (see below for additional information on the roles and responsibilities of Principals).
Offshore Program Consultants may only be selected from the Ministrys pre-approved list of qualified candidates, established through a competitive pre-qualifying process to be updated regularly. Individuals and corporate entities, including School District Business Companies, seeking to serve as Offshore Program Consultants must submit an application to the Ministry as part of its pre-qualifying process (see the following website for more information www.bcbid.gov.bc.ca/open.dll/welcome). No other third party involvement or subcontracting, including sub-contracting to any other service provider, is permitted under the program. An Offshore Program Consultant can be retained by up to three Owner/Operators; however, that individual/entity is not permitted to perform any of the duties outlined above until the Ministry has provided written approval of the Owner/Operators appointment of that individual/entity. Owner/Operators seeking to retain an Offshore Program Consultant from the Ministrys list of pre-qualified candidates must submit a written request to the Ministry seeking approval for its selection and indicating that the chosen individual/entity has the ability to legally-represent the Owner/Operator in dealings with the Ministry. If an Owner/Operator selects a corporate entity to serve as its Offshore Program Consultant, the Owner/Operator is responsible for ensuring that one person within that entity is identified to serve as the representative of that entity and the Owner/Operator for the purposes of fulfilling the duties of the Offshore Program Consultant, including the ability to legally-represent the Owner/Operator in dealings with the Ministry.
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All communications with the Ministry, whether through the Offshore Program Consultant or the Principal, must be in English.

The Ministry may choose not to liaise with an Offshore Program Consultant at any time if there are concerns about that individual/entitys conduct, competence, qualifications, and/or authorization. If this occurs, the Ministry will remove that Offshore Program Consultant from its list of pre-qualified candidates, and the Owner/ Operator may either select a new Offshore Program Consultant from the Ministrys pre-approved list or transfer the liaison responsibilities outlined above to the Principal. If this occurs, the Owner/Operator must submit another written request to the Ministry seeking approval for its new selection.

[ Principal (& Vice-Principal) ]


All school Owner/Operators must employ a qualified Principal for the offshore school at all times in order to satisfy program requirements. At the time that he/she is hired, the Principal must: be fluent in English; hold a valid Certificate of Qualification from the BC Teacher Regulation Branch; and have experience working at a principal or vice-principal level and have a minimum of three years of teaching experience, preferably in a BC school, except where the Province has provided written approval to the Owner/ Operator for the use of modified criteria due to exceptional circumstances. Principals are responsible for performing the following duties at the school in which he/she is employed: administration and supervision with respect to the schools operations and implementation of the BC curriculum; providing direct oversight for the student admission process, including final decisions and sign-off regarding students English language capabilities, admissions, and grade/classroom placement; providing quality assurance for the educational program(s) being delivered, including ensuring that the quality of education being provided meets Provincial education standards and program requirements; overseeing the development of course overviews that meet Prescribed Learning Outcomes; evaluating and documenting the learning environment in individual classrooms;
BC GLOBAL EDUCATION PROGRAM OPERATING MANUAL

establishing and communicating all teaching timetables to administrators and teachers as applicable; establishing appropriate student evaluation and assessment processes, and reporting the results to parents in a manner that is consistent with the Student Progress Report Order; supervising and evaluating the work of other administrators, teachers, and administrative support staff; supervision of professional development activities for administrators and teachers; performing teaching duties as required; maintaining school records; supervising the general conduct of students, both on and off school premises as appropriate, including student discipline; and leading and/or participating in the schools dispute resolution process as required.

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If the Owner/Operator chooses not to hire an Offshore Program Consultant, the Principal is also responsible for fulfilling the liaison duties outlined above.

A Principal may not serve as Principal for more than one offshore school. If the Principal is appointed as liaison by the Owner/Operator, his/her appointment must be approved in writing by the Ministry prior to performing the duties of liaison as outlined above. At any time the Ministry may remove its approval of a Principal serving as liaison if there are concerns about his/her conduct, competence, qualifications, and/or authorization. If this occurs, the Owner/Operator is responsible for selecting a new qualified liaison and submitting a request for approval to the Ministry for that appointment. Hiring a Vice-Principal(s) to assist the Principal in performing his/her duties as outlined in program agreements is permitted under the program, with the exception of the liaison functions; however, the Principal is ultimately accountable for the duties and responsibilities outlined above. Vice-Principals must also hold a valid Certificate of Qualification from the BC Teacher Regulation Branch.

[ Teachers ]
Only those teachers that hold a valid Certificate of Qualification from the BC Teacher Regulation Branch are permitted to teach students in offshore schools. As teachers are expected to have the proper certification in place prior to being hired by the Owner/Operator, teachers who do not have the proper certification in place but are interested in teaching in a BC offshore school must make timely application to the BC Teacher Regulation Branch, to ensure that the Owner/ Operator remains in compliance with program requirements. Teachers must also ensure that they maintain their certification in good standing, complying with all professional requirements under the Teachers Act. For additional information on the standards for conduct and professional competence for BC certified teachers, see www.bcteacherregulation.ca/Standards/StandardsDevelopment.aspx. In addition, all teachers are expected to: provide consents for the collection, use, and disclosure of relevant personal information as outlined in program agreements; provide competent instruction to students in a manner that encourages and fosters learning; teach only those programs of study that are approved/ authorized as part of the Owner/Operators agreement with the Ministry (i.e. the BC curriculum); regularly evaluate students and periodically report the results of the evaluation to students and their parents; and under the direction of the Principal, maintain discipline among students when in school and/or attending approved school functions outside of regular school hours/facilities.

If a teacher withdraws his/her consent regarding the collection, use, and disclosure of personal information at any time, his/her employment will be immediately suspended by the Owner/ Operator, as required under program agreements.

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[ Ministry of Education ]
In addition to setting goals/objectives, establishing regulations and requirements, and developing policy and legislation to support the administration of the program, the Ministry is responsible for the following: clearly communicating requirements and expectations to Owner/Operators; setting provincial education standards, including curriculum development; providing authorization to Owner/Operators to use the BC curriculum; developing Provincial examinations for students and evaluating those examinations as appropriate; issuing Certificates of Graduation to eligible students who have met all requirements to graduate from an offshore school; providing certification for eligible teachers (through the BC Teacher Regulation Branch); performing regular inspections of the school, including providing a copy of the final inspection report and following up on any recommendations and requirements identified in a timely fashion; and providing/renewing certification for eligible schools. The Ministry may also provide scholarships to facilitate the exchange of students (both BC students and offshore students) and teachers between BC and offshore schools information on the availability of scholarships will be provided by the Ministry on an annual basis prior to the end of each school year (for the subsequent school year).

Requirements & Expectations for Operating Offshore Schools 1.4


[ School Operations & Administration ]
Owner/Operators are expected to maintain sufficient organizational and financial capacity to effectively operate offshore schools. This includes a clear and formalized school management structure where accountabilities (between the Owner-Operator, Offshore Program Consultant, Principal and Vice-Principal(s), teachers, and administrative staff) are well-defined, communicated, and clearly understood by all parties.

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Owner/Operators are required to have in place policies and procedures for the school that are consistent with the terms and conditions outlined in program agreements, and which can be easily accessed by relevant teaching and administration staff (i.e. policy manuals and/or administrative handbooks for staff). Specifically, policies and procedures must be in place in the following areas: student admissions and evaluation/assessment; student supervision; student discipline; parental appeals; human resources (i.e. hiring, compensation, accommodation, leave, and dismissal policies and procedures that align with program requirements and adhere to relevant Human Rights and employment standards legislation); evaluation and professional development for administrators and teachers; and complaints management and dispute resolution (to resolve disputes between Principals/Vice-Principals, teachers, and/or the Owner/Operator as applicable).

As part of normal school management and planning processes, Owner/Operators are expected to undertake regular reviews of the schools finances to ensure sufficient financial capacity is in place for operating the school, including regular updates of expense and revenue information and audited financial statements. In addition, Owner/Operators are expected to have in place clear and formalized processes for engaging and involving students, parents, staff, and school administration (for example, all-staff operational meetings, regular written communications, etc.), and must be able to demonstrate how feedback and comments from these parties are being incorporated into the

management practices being employed at the school. School facilities must be adequate for operating a school under the program, as outlined in the inspection catalogue, the annual inspection process will include review of whether the school has in place sufficient resources to support the achievement of learning outcomes identified for all courses offered at the school (i.e. print, electronic, and internet library resources). Changes to the facilities, grounds, and/or equipment are only permitted if the Ministry requests the changes as a result of the inspection process, or if the Ministry has provided written approval for the changes. However, it is the responsibility of Owner/Operators to ensure that the schools operations, as well as facilities, grounds, and equipment meet local health and safety standards.

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[ English Language Assessment & Supports ]


All students seeking to enter an offshore school after grade 7 must receive an English language assessment prior to being admitted to the program. The Ministry requires that the Principal either directly administer the assessment, or directly supervise a BC teacher in administering the assessment. Owner/Operators, in collaboration with Principals, are responsible for ensuring that the following tools are used when assessing the English language capabilities of prospective students:

English as a Second Language Learners: A Guide for ESL Specialists


www.bced.gov.bc.ca/esl/policy/special.pdf ; and www.bced.gov.bc.ca/esl/standards.pdf.

English as a Second Language Standards

Students in the BC program are required to have sufficient English language capabilities to either meet or exceed the Prescribed Learning Outcomes and curriculum requirements when they enter the BC program. Students who do not meet the minimum English language requirements for entry into the BC program (after grade 7) must not be admitted to the school. Specifically: Principals are responsible for all student admission decisions and for ensuring that students with insufficient English language capabilities, as demonstrated through the assessment process described above, are not admitted to the program; Principals are responsible for signing-off on all English language assessments and student admission decisions before students are admitted into the program; and Owner/Operators must ensure that supplementary supports are provided to students once they enter the BC program in order to further develop their English language capabilities as they proceed with their studies. Additional information and resources regarding the development and delivery of supports to English Language Learners can be found here: www.bced.gov.bc.ca/esl/. Owner/Operators are permitted to develop their own Board/Authority Authorized (BAA) English language learning courses for elective credits towards graduation, recognizing that some students may require additional English language skills in order to access the BC curriculum. Students may take up to three BAA English language learning courses for a maximum of 12 credits towards graduation if they require this level of support (see Delivery of the BC Curriculum section for more information on BAA courses and requirements).
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A record of English Language assessment results and supplementary supports provided for each student, including the Principals sign-off on English language capabilities and program admission, must be documented as part of each students file this information will be reviewed as part of the Ministrys inspection process.

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[ Delivery of the BC Curriculum ]


The Ministry owns the copyright in all educational material licensed to Owner/Operators under program agreements, including all curriculum documents, support materials, and other education-related materials provided to Owner/ Operators by the Ministry. More information on the BC curriculum, including curriculum documents and support materials can be found at: www.bced.gov.bc.ca/irp/welcome.php. Students must enter the program between Kindergarten and Grade 8, and must be enrolled on a full-time basis (i.e. students are not permitted to enrol for the purposes of taking one or two courses only). Students who have previously been instructed in English on a full-time basis may be admitted after Grade 8, provided that they have met all English language requirements as identified above. In addition, in order to ensure that offshore schools have sufficient enrolment to deliver a full complement of course offerings under the BC curriculum while ensuring a quality learning experience for students, Owner/Operators must meet a minimum enrolment requirement of 60 full-time students per grade. Newly-established schools must be able to clearly demonstrate prospective enrolment of at least 60 fulltime students per grade as part of the application process, and confirm that annual enrolment targets are being met through the annual reporting and inspection processes. New schools will have three years from the time the school opens to meet this requirement. Exemptions from this requirement will be considered in exceptional circumstances, and reviewed on a case-by-case basis. Offshore students are not eligible to receive course credit through equivalency reviews. However, any course may be challenged by offshore students, with the exception of the following: Planning 10 Language Arts, 10, 11, and 12; Science 10, 11, and 12; Mathematics 10, 11, and 12; Social Studies 11 (or Civic Studies 11 or BC First Nations Studies 12); and Graduation Transitions

Students wishing to challenge courses are required to use an authorized international BC challenge credit provider to receive credit for eligible challenge courses; a list of Ministry-authorized international BC challenge providers will be posted on the Ministry website in 2013.

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Owner/Operators are responsible for improving and maintaining student achievement, and are expected to have in place rigorous student assessment processes for evaluating and documenting student achievement and for planning and facilitating the delivery of educational supports to students as needed. All courses offered at the school must meet the Prescribed Learning Outcomes as identified in the support materials for each course offered under the BC curriculum. Comprehensive course overviews must be developed for each course offered at the school, which includes course content, teaching strategies, and assessment methods that are clearly linked to the Prescribed Learning Outcomes and calendarized according to when each outcome will be achieved. It is the Owner/Operators responsibility to ensure that there are no significant discrepancies between student course marks and provincial exam results. Discrepancies greater than 20 per cent are deemed to be significant from the Ministrys perspective. In addition, as outlined in program agreements, Owner/Operators are responsible for ensuring that: the subject, instructional time, and learning outcome requirements included in Sections 1 6 of the Educational Standards order are met (www.bced.gov.bc.ca/legislation/schoollaw/j/m41-91.pdf); the education program is operating in a manner that is consistent with the intellectual, human and social development, and career development goals identified in Part C of the Statement of Education Policy Order for BC (www.bced.gov.bc.ca/legislation/schoollaw/d/oic_1280-89.pdf); and the Ministrys Performance Standards are used as an assessment tool for students as applicable (www.bced.gov.bc.ca/perf_stands/). In order to create stronger links between offshore schools and K-12 schools in BC, Owner/Operators of certified offshore schools are responsible for establishing a twinning relationship between their offshore school and a K-12 public or certified independent school within BC. Twinning relationships may include activities such as exchanges, joint projects, cultural awareness building, and/or other forms of interaction between students, teachers, and/or administrators. Additionally, students in offshore schools are expected to spend a minimum of one semester studying in-person at a K-12 public or certified independent school located within BC. The Ministry recognizes that it is not possible for all offshore students to spend one semester studying within the Province; however, Owner/Operators are responsible for ensuring that a minimum of 25 per cent of students at each school complete an onshore study semester within BC prior to graduation. The processes for arranging twinning relationships and onshore semester studies will be facilitated by the Ministry (more information regarding twinning and onshore studies will be made available in the 2013/14 school year). Students in offshore schools may take courses through Distributed Learning from the Ministry-approved Distributed Learning Provider identified in program agreements, with the exception of courses that are provincially-examinable. Owner/Operators are not permitted to use a Distributed Learning provider other than the provider identified in program agreements, and are expected to maintain complete and accurate records of Distributed Learning courses which students have taken or in which they are enrolled as part of the students file. The BC curriculum must be delivered in English. However, in exceptional circumstances, the Ministry may provide an exemption to an Owner/Operator for certain courses, such as Mandarin, to be delivered in a language other than English. To receive an exemption, Owner/Operators must submit a written request to the Ministry for review. In addition, Owner/Operators are also permitted to develop their own BAA courses for elective credits towards graduation. BAA courses must be developed in accordance with Ministry requirements and procedures for developing BAA courses, and requests for approval of BAA courses must be provided in writing to the Ministry for review. More information on the requirements and procedures for developing a BAA course is available at the following link: www.bced.gov.bc.ca/graduation/board_authority_courses.htm.

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BC GLOBAL EDUCATION PROGRAM OPERATING MANUAL

[ Examinations & Graduation ]


Students in offshore schools are not eligible to write provincial examinations until a school satisfies the current Transcript and Examination Requirements for offshore schools. This includes obtaining Provincial Education Numbers from the Ministry, which are only provided once a school becomes certified. In order to meet graduation requirements, all offshore students must pass examinations for courses which are provincially-examinable under BC legislation this includes the following five exams: a Language Arts 10; Science 10 a Mathematics 10; a Social Studies 11/12; and a Language Arts 12.

Additional information on exams and current BC Graduation Program requirements, including the Handbook of Procedures for the Graduation Program, can be found at the following links: www.bced.gov.bc.ca/graduation/grad_certificate.htm www.bced.gov.bc.ca/exams/ In a schools first year of certification, a Ministry-appointed official will travel to the school in order to oversee the invigilation of provincial examinations and ensure that proper invigilation practices are in place. It is the Owner/ Operators responsibility to cover the expenses of Ministry-appointed examination official(s), as outlined in Appendix C. Beyond the first year of certification, Owner/Operators are required to adhere to the Ministrys guidelines regarding the procedures for conducting examinations (see www.bced.gov.bc.ca/exams/handbook/ and School Secure Website at https://www.bced.gov.bc.ca/exams/tsw/princ_terms.jsp for more information).

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Although students have three years to complete a provincial examination from the time they complete the course, it is the Ministrys expectation (based on standard practice within BC) that offshore students write the relevant examination during the year in which they have completed the course. Owner/Operators are required to have in place sufficient technology, based on their student enrolment, to enable all eligible students to write examinations at the same time and plan sufficiently to accommodate all students in writing examinations within the examination timetable(s) and directive(s) provided by the Ministry. Students are permitted one provincial examination re-write if there was an unforeseen issue that occurred during the students first attempt (i.e. failure to meet all learning outcome requirements within the schools time frame, illness or injury, emergency, or other unique and unexpected event). However, Principals must not schedule two separate examination sittings for each student as a means of preparing students for provincial examinations (i.e. where the first time is intended as a pre-write for practice and the second time is intended to be the actual exam). Additional exam-related supports are available to assist students with specific learning needs, such as English language learners, in preparing for provincial examinations. These supports include sample provincial exams and answer keys, which can be found at: www.bced.gov.bc.ca/exams/search/, as well as BAA courses for English language learners as described above.

[ School Records & Data ]


In order to maintain certification under the program, Owner/Operators must have in place the appropriate government approval(s) for each school, which includes a letter of approval (or statement of no objection) from the appropriate government entity with paramount authority over education in the relevant jurisdiction. This documentation must be kept on-file at the school at all times, and the Ministry may take steps to verify that the documentation is authentic and valid, including meeting with local, regional, and/or national government authorities as required. In addition, Owner/Operators are required to establish and maintain accurate and up-to-date records for the school (in English, in a secure manner), including the following: student records; records regarding each Principal, Vice-Principal (if applicable), and teacher employed in the school; records related to the operation of the school (including financial records); and Annual Report(s) and supporting documentation (see below for more information on annual reporting requirements).

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BC GLOBAL EDUCATION PROGRAM OPERATING MANUAL

Each students records must be maintained in English as well as the language of the jurisdiction in which the school is located, and must include the following: the results of the English language assessment, including the Principals sign-off, as described above; a record of any supplementary English language supports provided to the student; a record of Distributed Learning courses taken or scheduled; signed consent forms as required under program agreements; additional documentation as required under the Permanent Student Record Order instructions for which can be found at www.bced.gov.bc.ca/classroom_assessment/psr_instruct.htm; and any other relevant records related to the student (i.e. disciplinary action taken, attendance records, etc.). Teacher, Principal, and Vice-Principal (as applicable) records, must include the following: a copy of their BC Certificate of Qualification; copies of all contracts of employment between the Owner/Operator and the individual; signed consent forms as required under program agreements; a record of any human resource-related issues pertaining to the individual; copies of all performance evaluations; and a record of the individuals professional development activities. Student records must be maintained for 10 years following the students graduation. If a student decides to leave the school at any time and requests that his/her record(s) are transferred to either another offshore school or a K-12 public or certified independent school within BC, the Owner/Operator is responsible for ensuring that the students record is transferred in a timely manner as per the students request. School documents, including the records of students, teachers, and administrators, may be inspected and copied by the Ministry or a representative of the Ministry at any time during normal school hours. In addition, Owner/Operators are required to complete and submit to the Ministry a Student Data Collection form (1701) for each student enrolled in the school. Forms and instructions can be found at the following link: www.bced.gov.bc.ca/datacollections. Owner/Operators must have in place sufficient internet connectivity, computer hardware/software, and printer capabilities at the school to ensure efficient electronic transfer of data and printing of records.

BC GLOBAL EDUCATION PROGRAM OPERATING MANUAL

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[ School Marketing & Public Announcements ]


In marketing offshore schools, Owner/Operators must ensure that all publications accurately reflect the status of the school in relation to the Ministrys certification process (see Appendix A), as follows: Owner/Operators of pre-certified schools must only indicate that they have been granted approval to deliver the BC curriculum, but are not permitted to indicate that a school is, or will be, certified. Owner/Operators of certified schools must only indicate that: the school has been granted certification status; it has entered a Certification Agreement with the Province under the program; it is operating a BC Certified school; and it has authority to offer educational programs at the school leading to a BC Dogwood diploma. In addition, Owner/Operators are responsible for ensuring that all school promotional materials accurately convey the number and amount of fees charged, both by the Ministry to operate the school and by the Owner/Operator to attend the school, including all fees and expenses listed on school websites.

[ Employment of BC Teachers & Administrators ]


The Ministry is not involved in employment arrangements made between Owner/Operators and administrators/ teachers. Owner/Operators recruitment and hiring of school staff, including qualified administrators and teachers must adhere to local Human Rights and employment standards legislation. Employment contracts between teachers and administrators and Owner/Operators should clearly outline the terms of employment, including the following information (as applicable): duties, responsibilities, and accountabilities, including a description of the teaching/administration assignment; hours of work and wages; length of the school day and school year, including key dates, events, and/or special functions; commitment to professional development; benefits; travel and accommodation arrangements provided, including visa/work permits and moving expenses; availability of instructional supplies; and other employment terms and conditions that may be relevant (i.e. contract renewal/termination process, overtime, bonuses, etc.). To facilitate administrator and teacher retention, Owner/Operators may wish to provide information to administrators and teachers to ensure that they are properly informed of what to expect when living and working in another country. In addition, all parties should abide by all contractual arrangements established.

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BC GLOBAL EDUCATION PROGRAM OPERATING MANUAL

[ Administrator/Teacher Evaluation & Professional Development ]


Owner/Operators are responsible for ensuring that administrators and teachers undergo rigorous evaluations on a regular basis, and that the results of these evaluations factor into decisions regarding the frequency and type of professional development activities provided for each individual. Professional development for each administrator and teacher must be provided at a minimum of two days per year (preferably more frequently) in order to ensure that administrators and teachers remain current with the BC curriculum and associated teaching strategies, and have the opportunity to update and/or improve their professional practice as needed. Administrator and teacher evaluation results and professional development activities must be documented in the schools files for each individual this information will be reviewed as part of the Ministrys annual inspection process.

[ Teacher Certification & Conduct ]


Only BC certified administrators and teachers are permitted to plan, evaluate, and provide instruction to students using the BC curriculum, including reporting on student progress to parents/legal guardians. This means that Owner/ Operators must ensure that only certified teachers and administrators are hired to teach or act as an administrator where the BC curriculum is being delivered in an offshore school. Administrators and teachers must hold a valid Certificate of Qualification from the BC Teacher Regulation Branch prior to being hired by an Owner/Operator. More information on the certification requirements for teachers and administrators in offshore schools is available at: www.bcteacherregulation.ca/Teacher/BecomingATeacherOverview.aspx; and www.bcteacherregulation.ca/Teacher/BCOffshoreSchools.aspx. Additionally, all certified administrators and teachers in offshore schools are required to adhere to provincial Standards for the Education, Competence, and Professional Conduct of Educators in BC. For more information on these standards, see the following link: www.bcteacherregulation.ca/Standards/StandardsDevelopment.aspx. If a teacher or administrator is in breach of these standards, the Owner/Operator is obligated to report this breach to both the Commissioner for Teacher Regulation and Director of International Education. Furthermore, as described in program agreements, if a teacher or administrator is suspended or dismissed for misconduct, including causing harm to a student, the Owner/Operator is obligated to report the dismissal/suspension immediately to that individual, the Commissioner for Teacher Regulation, and the Ministrys Director of International Education. If at any time a teacher or administrator withdraws his/her consent, as described above, the Owner/Operator must suspend the employment of that individual immediately, and notify the Commissioner for Teacher Regulation and the Director of International Education. Any complaints received by the Ministry regarding offshore school teacher or administrator conduct and/or competence will follow the BC Teacher Regulation Branchs complaints process. Visit the following link for additional information on how to submit a report or complaint to the Commissioner for Teacher Regulation: www.bcteacherregulation.ca/ProfessionalConduct/ComplaintsReports.aspx.

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[ Fees ]
Owner/Operators are responsible for paying all fees in full and covering all relevant expenses within the timelines provided by the Ministry as identified in Appendix C.
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21

Complaints & Compliance 1.5


[ Dispute Resolution Process ]
It is required that Owner/Operators implement a formal process for resolving disputes at the school. It is the Ministrys expectation that the above-noted school dispute resolution process is the primary mechanism for resolving disputes between: individual teachers; teacher(s) and administrators; individual administrators; and teachers and/or administrators and the Owner/Operator.

[ Complaints & Compliance Process ]


Complaints regarding offshore schools must be submitted to the Ministry in writing, by either email or regular mail at:

BC Ministry of Education International Education Branch PO Box 9153 Victoria, British Columbia V8W 9H1 Email: International.Education@gov.bc.ca
When the Ministry receives a complaint from any person about an offshore school (certified or not), the Ministry will take the following steps: make a preliminary investigation of the complaint; as appropriate, advise the Owner/Operator as to the substance of the complaint if the complaint falls within the scope of the Ministrys agreement with the Owner/Operator; investigate the complaint further, which could include sharing information with education authorities in other Canadian jurisdictions; and advise the Owner/Operator, in writing, of any action(s) required to bring the school (or the Owner/Operator) into compliance with agreement/program requirements, and identify a date by which compliance is expected. Owner/Operators must be responsive to requests regarding complaints and compliance with respect to agreement/ program requirements. As part of its written notice to an Owner/Operator outlining the compliance issues and timeline within which compliance is expected, the Ministry may request that the Owner/Operator submit a plan to the Ministry outlining how it will bring itself/the school into compliance by the specified date.

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BC GLOBAL EDUCATION PROGRAM OPERATING MANUAL

At any time, the Ministry may perform an unscheduled inspection of the school facility without notice to investigate a complaint and/or to determine whether the Owner/Operator is complying with agreement/program requirements. In addition, if there are concerns or complaints regarding the quality of the education programming being delivered at a school, the Ministry may perform a comprehensive learning audit of the school facility at the Owner/Operators expense. If required, a learning audit would involve a team of Ministry-appointed officials performing a thorough onsite review of all aspects of the education program, including but not limited to student admissions and evaluation processes, administration practices and policies which impact the delivery of education programming, quality of supplementary educational supports to students (i.e. English language learning instruction), implementation of the curriculum, teacher qualifications, teaching methods, and student learning/achievement. If an Owner/Operator does not bring itself and/or the schools operations into compliance by the Ministrys specified date, the Ministry will place the school on probationary status and publish this information on its website. If this occurs, the Owner/Operator is required to notify all students and their parents that the school has been placed on probationary status and may lose its certification. If the Owner/Operator cannot demonstrate to the Ministry that it will bring itself into compliance immediately, the school will lose its certification and the Ministrys agreement with the Owner/Operator will be terminated.

[ School Decertification ]
If any of the following events occurs, an Owner/Operator will no longer remain in good standing with the Ministry, and the Ministry will terminate its agreement with the Owner/Operator: the Owner/Operator fails to comply with agreement/program requirements as outlined in this operating manual and program agreements; the Owner/Operator fails to pay the required fees or cover relevant expenses; the Owner/Operator fails to implement any changes required by the Ministry as a result of an inspection, learning audit, or complaints review process; it is found that the Owner/Operator has provided false or misleading information or documents to the Ministry; a financial, administrative, or operational change occurs which results in the Owner/Operator no longer being able to fulfill its obligations to the Ministry; or the Owner/Operator fails to provide an educational program that meets the Provincial requirements. If the Ministry revokes a schools certification, the school will be removed from all Ministry publications, including the Ministrys website, and students would not be able to complete their studies unless they transfer to another offshore school or a K-12 public or certified independent school within BC. The Ministry may also pursue damages of up to $10,000 from the Owner/Operator if an agreement is terminated early. In the event that a school is decertified, the Owner/Operator must comply if a student requests that his/her records be transferred to another offshore school or a K-12 public or certified independent school within BC.

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SCHOOL CERTIFICATION PROCESS APPLICATION PHASE


APPL ICATIO NS
U AL LY

Accep ted Se pt. 1st throug h Dec . 31st ( AN N

Application form and fee submitted to Ministry

Ministry review and verification

In-person review with School Owner/Operator

APPLICATION NOT ACCEPTED May re-submit application at a later time

APPLICATION ACCEPTED Payment of fees Pre-Certification Agreement with Ministry ( ONE- YEAR TERM )

PRE-CERTIFICATION PHASE

Appointment of inspection team

Payment for inspection costs

Onsite inspection
( SPRING )

PRE-CERTIFICATION AGREEMENT NOT RENEWED

PRE-CERTIFICATION AGREEMENT RENEWED for one more year if additional time is required ELIGIBLE FOR CERTIFICATION NOW if ALL requirements are met

CERTIFICATION PHASE

( IF REQUIRED )

Appointment of inspection team

Payment for inspection costs

Onsite inspection
( FALL )

SCHOOL IS NOT CERTIFIED

SCHOOL IS CERTIFIED Certification Agreement with Ministry (ONE-YEAR TERM)

MAINTAINING CERTIFICATION

Annual report submitted to Ministry


( END OF SEPTEMBER )

Annual onsite inspections ( FALL )

Ministry review and follow-up

CERTIFICATION NOT RENEWED School is no longer part of the program

CERTIFICATION RENEWED Certification Agreement renewed for an additional one-year term Payment of fees

PENDIX B APPENDIX B APPLICATION FORM

Global Educ BC Global Education Program Offshore Schools

BC Ministry of Education

NOTE: When completing this application form (and the attached Business Plan), if certain items are not

yet implemented, describe the school's plans for implementation including anticipated date for completion. Clearly indicate this by stating, "It is planned."

School Information
School Name: Address of School:

Date: Schools E-Mail Address:

Phone:

Fax: Schools Website Address:

Principal's Name and Contact Information (Telephone, Email, Address): Total Student Enrollment (note: must demonstrate prospective enrolment of at least 60 full-time students per grade): Percentage of Students that are: National % International

Grade Level Enrollment

10

11

12

Other

How long has the School been in existence and in continuous operation (i.e. since month/year)?

Owner-Operator
Name and registration number of applicant Owner-Operators Corporation or Society (supporting documentation required):

Mailing Address:

Phone:

Fax:

E-Mail Address:

Name of applicant Owner-Operators authorized representative (with capacity to legally bind the Owner-Operator) must be either the Offshore Program Consultant or the Principal:

Mailing Address (if different than above):

Phone: (if different than above)

Fax:

E-Mail Address:

Names of applicant Owner-Operators Administrators/Directors as applicable:

1. Does the applicant Owner-Operator have the ability to communicate orally and in writing with the Province in fluent English?

r YES

r NO

2. Is the applicant Owner-Operator a non-governmental legal entity incorporated and operating in the jurisdiction in which the School will operate (supporting documentation must be attached to this application)?

r YES r YES r YES

r NO r NO r NO

3. Does the applicant Owner-Operator have the power and capacity to perform its obligations under a BC Global Education Program Offshore Schools agreement with the Province?

4. Will the applicant Owner-Operator directly operate the school and be solely responsible for its operation?

If no, please explain.

5. Does the applicant Owner-Operator know of any fact that would adversely affect, or might adversely affect, the applicant Owner-Operator's properties, assets, condition (financial or otherwise), business or operations or its ability to fulfill its obligations a BC Global Education Program Offshore Schools agreement with the Province?

r YES

r NO

If yes, please explain.

6. Does the applicant Owner-Operator have all the rights necessary to operate the school and use the facilities for the purposes of the school?

r YES

r NO

If no, please explain.

7. Will the school be operated in accordance with the laws of jurisdiction in which it is operated?

r YES

r NO

If no, please explain.

8. Is there any law or decision of a governmental entity, which would prohibit the applicant OwnerOperator from entering into an agreement with the Province?

r YES

r NO

If yes, please explain.

9. Are there any outstanding, related, civil or criminal judgments against the applicant Owner-Operator?

r YES

r NO

If yes, please explain.

10. Are there any ongoing legal proceedings or police investigations involving the applicant OwnerOperator?

r YES

r NO

If yes, please explain.

11. Is the applicant Owner-Operator in contravention of any relevant legislation or other legal requirements, including without limitation, all relevant labour and employment laws and the Immigration and Refugee Protection Act, S.C. 2001, c. 27 and Regulations made under that Act?

r YES

r NO

If yes, please explain.

12. Has the applicant Owner-Operator used the BC Curriculum or BCs education brand in the past without authorization from the Province?

r YES

r NO

If yes, please explain.

Completion of this Application: This application has been completed by: r r The applicant Owner-Operator:______________________________________ Other (please describe):__________________________________________

Government Relations
1. Which level(s) of government have responsibility for education in the jurisdiction in which the school will operate? Which level of government has paramount responsibility for education in the jurisdiction in which the school will operate? [List appropriate names, titles and contact information. Describe the authority held by each level of government listed]: a. over education in the jurisdiction where the school will operate:

b.

over the school's educational programs, facilities, etc.:

2. Has the applicant Owner-Operator provided the Province with: a. written confirmation from the appropriate government entity with paramount responsibility for education in the jurisdiction in which the school will operate that the Owner-Operator has obtained: (i) written approval; or (ii) a letter of no objection; to operate the school; and

r YES

r NO

If no, please explain (supporting documentation from the government entity with paramount authority over education in the jurisdiction in which the school will operate must be attached to this application):

3. Has the applicant Owner-Operator provided written approval in principal from the government entity with paramount responsibility for education in the jurisdiction in which the school will operate for the applicant Owner-Operator to seek to certification of the school with the Province?

r YES

r NO

If no, please explain.

Note: The Province of British Columbia will not enter into individual contracts with applicant OwnerOperators until they provide evidence of approval by the government entity with paramount authority over education in the jurisdiction in which the school will operate.

Educational Program Information


1. Will the applicant Owner-Operator offer a BC educational program at the school that commences between Kindergarten and Grade 8, with a minimum enrollment of 60 full-time students in each grade offered in the school?

r YES

r NO

If no, please explain:

2. Will the applicant Owner-Operator ensured that Students commence full-time enrollment in the school in or before Grade 8?

r YES

r NO

If no, please explain:

3. Will all student admissions decisions for the school be made in accordance with the Provinces requirements, including that the applicant Owner-Operator: (a) must not admit students to the school who do not demonstrate English language as identified in the Operating Manual for Offshore Schools; and (b) must ensure that each Student has completed an English language assessment in accordance with the requirements identified in program agreements and the Operating Manual for Offshore School, including that the assessment: i. ii. iii. is administered within the last calendar year; is administered directly by the Principal or directly by an Authorized Person under the supervision of the Principal; and includes written verification by the Principal of Students results

r YES

r NO

If no, please explain:

Business Plan

1. Has a Business Plan been completed and attached, in conformity with the requirements identified in the Operating Manual for Offshore Schools and the instructions provided in the Ministry-approved template attached to this application form?

r YES

r NO

If no, please explain:

Finances

1. Does the Owner-Operator have financial capacity to operate the school for the Agreement Term?

r YES

r NO

If no, please explain:

2. Does the Owner-Operator develop/receive monthly financial reports and yearly financial statements?

r YES

r NO

If no, please explain:

3. Are the school's accounts/finances audited by a company not connected with the school or OwnerOperator?

r YES

r NO

If no, please explain:

4. Has the applicant Owner-Operator attached all required financial information and supporting documentation to the Province as part of this application (see attached Business Plan template and instructions)? [Note all financial statements must be provided in a format that aligns with international accounting standards, as identified in the Operating Manual for Offshore Schools and the Business Plan template attached to this applicant).

r YES

r NO

If no, please explain:

5. Has the applicant Owner-Operator paid the application fees and covered all other relevant program expenses as identified in the Operating Manual for Offshore Schools?

r YES

r NO

If no, please explain:

School Administration
1. Does the applicant Owner-Operator plan to retain an Offshore Program Consultant?

r YES
2.

r NO

If so, does the applicant Owner-Operator have a particular Offshore Program Consultant in mind? [Note Owner-Operators are only permitted to retain Offshore Program Consultants who have been pre-approved by the Province] please explain:

3. Has a Principal meeting all of the requirements established for Principals in the BC Global Education Program Offshore Schools agreements been hired?

r YES

r NO

4. If yes, describe the Principals educational background, qualifications, and familiarity with British Columbias educational program and curriculum (please attach the Principals resume to this application):

5. Does the principal hold a valid British Columbia Certificate of Qualification?

r YES

r NO

If no, please explain:

6. How many years of administrative experience does the Principal have in total?

_____

7. Does the Principal have authority to fulfill all of the duties required of Principals under the BC Global Education Program Offshore Schools agreements, as well as the duties of liaison with the Province (if applicable)?

r YES

r NO

8. If a Principal has not yet been hired, please describe steps the applicant Owner-Operator is taking to ensure that a Principal meeting all of the requirements established for Principals in program agreements and described in the Operating Manual for Offshore Schools will be hired before the school year commences:

Program Statistics
Complete the following chart:
K Current student enrollment per grade level Anticipated student enrollment in the BC program (please identify by which school year enrolment goals will be achieved) 1 2 3 4 5 6 7 8 9 10 11 12

Teaching Staff
1. How many teachers are you proposing to employ in the BC education program? Full-time:_______ Part-time:______

2. Do all teachers currently hired to teach at the school currently hold valid British Columbia Certificates of Qualification?

r YES

r NO

If required certification for all teachers is NOT currently in place please explain why:

3. Have police records checks from ALL jurisdictions in which the teachers have previously resided been conducted, received, and filed by the applicant Owner-Operator?

r YES

r NO

If no, please explain:

Verification
I have reviewed and understand the summary of requirements for British Columbia program certification at an offshore school, as well as the procedural steps, associated costs and electronic data transfer requirements. I believe that the school named in this application can meet the offshore criteria established by the British Columbias Ministry of Education, as stated in the Initial Curriculum Delivery Agreement, Certification Agreement, and Operating Manual for Offshore Schools within the first year of the schools operation. I believe that written approval of the school's application to request British Columbia certification can be obtained from appropriate local government officials, and a Memorandum of Understanding to that effect could be signed between appropriate governments. The responses provided on this questionnaire provide a true reflection and accurate information of our school.

________________________________ Principals Signature

________________________________ Applicant Owner-Operators Signature*

________________________________ Principals Name (Please Print)

________________________________ Applicant Owner-Operators Name and Position (Please Print)

Date: ___________________________

* Person who has legal authority to sign on behalf of the Society, Corporation or other entity that owns and operates the school.

Return this completed Application Form, including a completed Business Plan: British Columbia Global Education Program Offshore Schools c/o International Education Branch Ministry of Education PO Box 9153 Stn Prov Govt Victoria BC V8W 9H1 CANADA

ATTACHMENT BUSINESS PLAN/BUSINESS PLAN UPDATE Ministry-Approved Template and Instructions


Section I School Information School Name and Location:

*New applicant schools completing an initial Business Plan as part of the application process are not required to respond to those questions/instructions highlighted in red.*

Please include the schools address.

School Year:
Please identify the timeframe (i.e. school year) to which this Business Plan/Business Plan Update applies.

Grades Offered: Current Enrolment Information: Grade K 1 2 3 4 5 6 7 # of students Planned Enrolment Information (for the upcoming year): Grade K 1 2 3 4 5 6 7 # of students Section II Description of the School Please provide detailed information on the following:
i. ii. iii.

10

11

12

10

11

12

The schools mission statement, mandate, and/or objectives. Description of the schools philosophy/approach to educating students. Description of the schools culture and/or unique features. Description of extra-curricular activities offered at the school.

iv. v.

Description of schools facilities, equipment, and resources (please either include or attach as an appendix appropriate photo documentation to satisfy this requirement).

vi.

vii.

If applicable, description of the school within which the BC program is housed and all other programs offered by the school and/or the Owner/Operator, including: o With which governments and organizations, if any, is the school presently certified? o What type(s) of graduation certificate(s) do the school's graduating students presently receive? o Briefly explain why British Columbia certification is being sought for the school. o How much of the existing schools curriculum is presently taught in English (i.e. how much English language instructions are students receiving how many hours per week?) o How does/will the BC program fit in with the existing school? Description of 5-year plan for the school and the BC program, including, but not limited to: o growth plan for the BC program (to meet minimum enrolment requirements) o additions to the BC program (i.e. new grades, courses, teachers and/or administrators, facilities, or extra-curricular activities) o school growth plan (will other programs be added, plan to open new schools?)

Section III School Operations and Capacity


Please provide detailed information on the following:
i. Description of the current management structure and decision making processes at the school, including roles, responsibilities, and accountabilities of the Owner/Operator, Offshore Program Consultant (where applicable), Principal and Vice-Principals (where applicable), and teachers. Description of the schools approach to engaging and communicating with parents, students, staff, and school administration (i.e. regular meetings, process for communicating information to the various parties, procedure for parental involvement/feedback, etc.), including: o Report on specific engagement activities undertaken within the past year o Outline of specific engagement activities planned for the upcoming year Description of the schools current operating/organizational policies and procedures and how these policies and procedures are communicated to teaching and administrative staff (i.e. policy and procedures handbook for staff, orientation manual, etc.). The Ministry expects all schools to have in place formal policies and procedures that align with agreement requirements in the following areas: o Governance and administration o Student admissions, attendance and records management o Student assessment o Student marking and evaluation o Student supervision and discipline o Teacher and principal evaluation o Dispute resolution processes for teachers, students, and administrators o Parental involvement and complaints/appeals o HR policies/procedures that adhere to relevant legislation, including local Human Rights and employment standards legislation Please outline any planned changes to the schools operating/organizational policies and procedures for the upcoming year, and indicate how these changes will be developed with input from and communicated to teaching and administrative staff.

ii.

iii.

iv.

Note if policies have not yet been established, please provide a description of the Owner- Operators plan for developing, implementing, and communicating the policies noted above at the school. Description of student recruitment and school marketing activities, including: o Report on specific recruitment and marketing activities undertaken within the past year o Outline of specific recruitment and marketing activities planned for the upcoming year

Please attach as an appendix to this Business Plan examples of advertising and recruitment materials used within the past year (may not be applicable for new applicant schools).
v. If a new applicant school completing an initial Business Plan as part of the application process, please provide a description of the Owner/Operators financial plan for the school, including expenditures and revenue sources and amounts. Please attach as an appendix, the following documents: o Standard Audited Financial Statements: Statement of Financial Position of the school and Owner-Operator for the previous two years Statement of Revenues and Expenses for the school and Owner-Operator for the previous two years Current Statement of Financial Position for the school and Owner-Operator o Budgets and Financial Forecasts Forecasted Statement of Revenues and Expenses for the first three years of the schools operations Forecasted Statement of Financial Position for the initial year of the schools operations If an existing school completing a Business Plan Update, please provide a description of the Owner/Operators financial plan for the school, including expenditures and revenue sources and amounts. Please attached as an appendix the following documents: o Audited Financial Statements: Statement of Financial Position (for the school) for the past year Audited Statement of Revenues and Expenses o Budgets/Forecasts: Forecasted Statement of Revenue and Expenses for the upcoming year

vi.

ALL financial documents are to be provided in a format that aligns with international accounting standards see the following links for more information on the proper report formats:
o o http://www.cica.ca/applying-the-standards/ifrs//index.aspx http://www.ifrs.org/Pages/default.aspx

Section IV Human Resources Please provide detailed information on the following:


II. Description of the schools policies and procedures for: o for evaluation of Authorized Persons; o professional development of Authorized Persons; and o for resolution of disputes between Authorized Persons and between the Owner-Operator and Authorized Persons.

If the Owner-Operator has not yet established policies and procedures in these areas, please indicate how/when the Owner-Operator will establish and implement policies and procedures in the above-mentioned areas in accordance with the requirements outlined in the Operating Manual for Offshore Schools.
III. The schools 5-year Human Resources plan, including: o How many teachers and administrators will be hired annually o How/when will a certified Principal, Vice-Principal(s), and teachers be recruited and hired o Job descriptions for each authorized person (please either include in the body of the document or attach as an appendix appropriate documentation to satisfy this requirement) o Description of employment arrangements made between the Owner/Operator and staff (please provide as an attachment copies of the employment contracts for BC administrators, teachers, and staff as relevant contracts must include duties, hours of work, teaching assignment, accommodation and travel arrangements, length of the school day and school year, compensation, salary/benefits, medical coverage, instructional supplies, and all applicable visa/work permits) Description of staff retention plan/practices (i.e. how will the Owner/Operator retain the Principal, Vice-Principal(s), teaching, and administrative staff over the long-term?), including: o Report on specific staff retention activities undertaken within the past year o Outline of specific staff retention activities planned for the upcoming year Description of the Owner/Operators contingency plan for dealing with staffing issues that may arise due to illness/injury, resignations, or terminations (i.e. how will the Owner/Operator ensure that only Authorized Persons are teaching students enrolled in the BC program?). Description of teacher professional development activities/initiatives, including: o Report on specific professional development activities undertaken within the past year o Outline of specific professional development activities planned for the upcoming year Description of the approach to evaluating and communicating the results of teacher and Principal/Vice-Principal evaluations, including: o Report on specific teacher/administrator evaluation activities undertaken within the past year (and results from those evaluations), and how they were communicated to relevant parties o Outline of any planned teacher/administrator evaluation activities for the upcoming year, and how the results will be communicated to relevant parties

IV.

V.

VI.

VII.

Section V Improving Student Achievement Please provide detailed information on the following:
I.

II.

III.

IV.

V.

VI.

VII.

Description of the assessment approach for determining students English language proficiency, including: o Report on specific English language assessment process and results undertaken within the past year o Outline of any planned changes to current English language assessment process and anticipated results for the upcoming year Description of the Owner-Operators plan for ensuring that all of the BC Curriculum offered in the school meets or exceeds the Prescribed Learning Outcomes identified in the Educational Program Guides of the BC curriculum for each course, with a course overview for each course that includes content, teaching strategies, evaluation and assessment methods which are clearly linked to the Prescribed Learning Outcomes, including: o Course planning, and curriculum development & implementation o Classroom instruction time and methods o Methods for assessing, documenting, and providing feedback on student achievement o Information on any other relevant initiatives/programming Description of how the Owner-Operator will incorporate BC Ministry of Education Performance Standards found at (http://www.bced.gov.bc.ca/perf_stands/) as an assessment tool for Students. Description of how the Owner-Operator intends to provide the necessary learning resources to accommodate the variety of teaching strategies/learning activities required to meet the learning outcomes of the BC curriculum, including textbooks, a library with hard copy and electronic resources (i.e. internet resources), as identified in program agreements and the Operating Manual for Offshore Schools. Description of how the Owner-Operator will provide the computer technology (hardware and software) required to meet the requirements set out in program agreements and the Operating Manual for Offshore Schools (i.e. to support the achievement of Prescribed Learning Outcomes and provincial examination requirements). Description of how the applicant Owner-Operator will provide the facilities (e.g. science laboratories) required to meet the learning outcomes of the BC curriculum. If applicable, describe how Distributed Learning course offerings will be integrated into the schools educational programming in alignment with agreement requirements (i.e. which courses and why, for which students and why?), including: o Report on Distributed Learning courses offered within the past year (i.e. which courses, why, and for how many students?) and results o Outline of any planned changes to Distributed Learning courses offerings for the upcoming year, and anticipated results

VIII.

IX.

X.

XI.

Detailed description of how the Owner-Operator will ensure that all program requirements regarding equivalency and challenge are met. Detailed description of supports that are in place to assist students who are struggling (i.e. student support programs, including as English language development, learning assistance, counseling, etc.), including: o Report on support services provided within the past year and student outcomes o Outline of any planned changes to existing support services for the upcoming year and anticipated outcomes o Please be sure to include information on how the Owner-Operator intends to provide preliminary and ongoing English instruction and to ensure students' English competency level to successfully enter and complete the British Columbia educational program. Detailed description of the plan for ensuring that there is alignment between course marks and provincial exam results. Where discrepancies exist, please explain why and describe the measures that are being/will be undertaken to correct the problem. Description of schools approach to establishing and maintaining complete and up-to-date academic records for students in a manner that is consistent with the requirements outlined in program agreements.

If any information has changed from the previous years report, the school must indicate what has changed, provide an explanation as to why the change(s) have occurred, and indicate what results/outcomes can be expected as a result of the change(s).

NDIX B APPENDIX C Fees & Expenses for Offshore Schools


BC Ministry of Education TIMING
Payable at the time of application. Payable on August 1st of each year. Payable on August 1st of each year. Payable on January 15th of each year. Payment required 15 days in advance of departure (if review is taking place onsite at the school location).

bal Educ BC Global Education Program Offshore Schools FEE/EXPENSE


Initial Application Fee Curriculum Usage Fee Program Administration Fee Student Registration Fee

DESCRIPTION
PROGRAM FEES $5,000 non-refundable $10,000 per school/annum $5,000 per annum, non-refundable. $350 per student/annum OTHER PROGRAM EXPENSES

In-Person Application Review To determine whether a prospective Owner/Operators application can be approved.

Travel, accommodation, per diem, and incidental costs of all Ministry participants if held at the school location. - OR All relevant travel and accommodation expenses for the Owner/Operator (and accompanying officials) if held in British Columbia.

Onsite Inspections To determine whether certification can be granted or renewed, annual inspections will be performed at the expense of the Owner/Operator. Exam Invigilation In the first year that provincial examinations are offered, an onsite invigilator(s) will provide oversight to ensure that exam conditions meet Provincial standards at the expense of the Owner/Operator. Learning Audit If quality issues are of concern, the Ministry may require an onsite comprehensive Learning Audit at the expense of the Owner/Operator.

Includes professional services of the Inspection Chair and Inspection Team Members, as well as their travel, accommodation, per diem, and incidental costs. Includes professional services of the Invigilator(s), as well as his/her/their travel, accommodation, per diem, and incidental costs.

Payment of inspection expenses required 30 days in advance of inspection teams departure. Payment required 30 days in advance of invigilators departure.

Includes professional services of the Audit Chair and Audit Team Members, as well as their travel, accommodation, per diem, and incidental costs.

Payable 15 days in advance of the audit teams departure.

APPENDIX D
BC GLOBAL EDUCATION PROGRAM - OFFSHORE SCHOOLS AGREEMENT #1 - INITIAL CURICULUM DELIVERY AGREEMENT THIS AGREEMENT made the _______ day of _________________, 201__ BETWEEN: HER MAJESTY THE QUEEN IN RIGHT OF THE PROVINCE OF BRITISH COLUMBIA, represented by the Minister of Education and the Minister of Citizens Services and Open Government

(the "Province") OF THE FIRST PART AND: [@NAME OF OWNER-OPERATOR], a [@registered Society or Corporation delete the description that does not apply for each entered Agreement], incorporated under the laws of _____________________________________________________, @Certificate of Incorporation No. or @registration document No. ____, and having an office at @ADDRESS, @CITY, @PROVINCE / STATE, @COUNTRY, @POSTAL CODE (the Owner-Operator) OF THE SECOND PART WHEREAS: A. The Province has accepted the Owner-Operators application to begin working towards Certification of (@NAME OF SCHOOL) under the British Columbia Global Education Program Offshore Schools. The Owner-Operator wishes to obtain authorization from the Province to offer the BC Curriculum in (@NAME OF SCHOOL) as a necessary step for the Owner-Operator to apply for Certification of the School under the British Columbia Global Education Program Offshore Schools. The Province is prepared to permit the Owner-Operator to deliver the BC Curriculum during the Agreement Term and to inspect the Owner-Operators operation of (@NAME OF SCHOOL) as a

B.

C.

necessary step in the Provinces determination as to whether the School is eligible for Certification under the British Columbia Global Education Program Offshore Schools. NOW THEREFORE, in consideration of these premises and other good and valuable consideration (the receipt and sufficiency of which is acknowledged by each of the parties), the parties agree as follows: 1.00 1.01 DEFINITIONS In this Agreement: Agreement Term means the period set out in paragraph 2.00 of this Agreement during which the Owner-Operator is authorized to deliver the BC Curriculum at the School under this Agreement; Annual Report means the report that must be submitted to the Ministry under paragraph 13.05, in accordance with Program Requirements, including the Inspection Catalogue and the report on the Business Plan submitted under paragraph 1 of Schedule "A"; "Approved Distributed Learning Service Provider" means an entity listed in Schedule "G" and approved in writing by the Province to deliver the BC Curriculum by Distributed Learning as part of the educational program delivered at the School; "Authorized Person" means a person who holds: (a) a British Columbia Certificate of Qualification; or (b) until June 30th, 2013 a Letter of Permission and is employed by the Owner-Operator to teach, serve as an administrator or supervise at the School; "British Columbia Certificate of Graduation" (Dogwood Diploma) means the graduation certificate: in the form set out in section 2(1) and (2)(a) of Ministerial Order 164/96, the Student Credentials Order, enacted under the School Act; that the Province may issue under section 168(6)(a)(ii) of the School Act to a person who has successfully met the general requirements for graduation established by order of the British Columbia Minister of Education;

"British Columbia Certificate of Qualification" means a certificate of qualification issued under s. 30 of the Teachers Act or continued under s. 91 of the Teachers Act, but, for clarity, does not include any other type of certificate;

British Columbia Curriculum or BC Curriculum means the subject area Curriculum Guide, Integrated Resource Package or Program Guide referred to in the Ministerial Order M333/99 and documents published by the British Columbia Ministry of Education and specified as Educational Program Guides and resources in the Ministerial Order 333/99, the Educational Program Guide Order enacted under the School Act; Business Plan means the plan that the Owner-Operator must, in accordance with the Program Requirements, have submitted under paragraph 1 of Schedule "A" as a pre-condition to entering this Agreement and must update annually under paragraph 13.05; (a) during the Agreement Term; and (b) if this Agreement is renewed under paragraph 2.02; Certified School means a school operating within the British Columbia Global Education Program Offshore Schools that is authorized to offer the BC Curriculum in educational programs leading towards a British Columbia Certificate of Graduation under the authority of a Certified School Agreement with the Province; Certified School Agreement means the agreement under which a Certified School is operated; Certification means the authorization granted by the Province to operate a Certified School; "Commissioner" means the person appointed under s. 2 of the Teachers Act; "Director, International Education" means the Director of the International Education Branch of the British Columbia Ministry of Education; Distributed Learning means a method of instruction that relies primarily on indirect communication between Students and teachers, including internet or other electronic-based delivery, and teleconferencing or correspondence; Educational Material means the British Columbia Curriculum and the Website Materials; Educational Program Guide means an educational program guide set out in Ministerial Order 333/99, the Educational Program Guide Order, enacted under the School Act , with the exception of those set out under subsections 1 (f) and (g);;

Graduation Program means the educational program in Grades 10, 11 and 12 offered at a School which has been granted Certification to offer the BC Curriculum in a program that leads towards graduation with a British Columbia Certificate of Graduation; "Independent School Act" means the Independent School Act, R.S.B.C. 1996, c. 216; "Inspection Catalogue" means the inspection documents prepared in accordance with the Program Requirements which the OwnerOperator must complete in support of the Provinces inspection process; Inspection Report means the final report in English prepared by the inspection team retained by the Province to conduct the Provinces inspection process; Learning Audit means a comprehensive review, conducted at the Provinces sole discretion, by a team of educators appointed by the Province, of the quality of educational programming delivered at the School; "Letter of Permission" means a letter of permission issued under s. 35 of the Teachers Act; Offshore Program Consultant means the person who has been selected by the Owner-Operator from the Provinces pre-approved list of candidates and retained by the Owner-Operator under paragraph 14.01; Owner-Operator means a non-governmental legal entity incorporated in the jurisdiction in which the School will operate that is a party to this Agreement. For clarity, the Owner-Operator must not be a government organization, a School District Business Company, a foreign affiliate of a School District Business Company or a foreign affiliate of an Independent School Authority under the Independent School Act; "Principal" means the School administrator employed by the Owner-Operator who meets all of the requirements set out in paragraph 1 of Part III of Schedule B and is responsible for all of the duties set out in paragraph 6 of Part III of Schedule B; Probationary Status means the status imposed by the Province pursuant to paragraph 25.04 under which the Owner-Operator must demonstrate that it is operating the School in compliance with the terms of this Agreement in a time period specified by the Province;

Program Requirements means the requirement that the Province establishes, and as modified from time to time by the Province in its sole discretion, with respect to the British Columbia Global Education Program Offshore Schools, as modified from time to time, and that are posted on the Ministry of Education website at the following URL: http://www.bced.gov.bc.ca/offshore_schools/; "School" means the educational institution called (@NAME OF SCHOOL): (a) located in (@CITY), in (@COUNTRY), (b) in which the Owner-Operator provides educational programs under this Agreement under the supervision of an Offshore Program Consultant and Principal, or a Principal only, retained or employed, as the case may be, by the OwnerOperator, and (c) includes the Students, teachers and facilities associated with the provision of the educational programs under this Agreement; School Age has the same meaning as in the School Act; "School Act" means the School Act, R.S.B.C. 1996, c. 412; School District Business Company means a School District Business Company incorporated pursuant to Part 6.1 of the School Act; "School Year" means the period beginning on July 1 in each year and ending on June 30 in the following year; "Student" means a person of School Age enrolled in the School; "Student Record" means the records of information in written or electronic form pertaining to each Student maintained by the Owner-Operator in conformity with the requirements set out in paragraph 13.02; Student Report means the report that must be prepared and maintained under paragraph 12.01 and delivered to Students or Students parents under paragraph 12.02; "Teachers Act" means the Teachers Act, [SBC 2011] c. 19; and "Teacher Regulation Branch" means the British Columbia Teacher Regulation Branch of the British Columbia Ministry of Education;

Vice-Principal means the Authorized Person retained under paragraph 15.02; and Website Materials means the documents identified as Curriculum Documents and Support Materials and accessible at http://www.bced.gov.bc.ca/irp/welcome.php, or such other internet address as the Province may advise the Owner-Operator in writing. 2.00 2.01 AGREEMENT TERM Subject to paragraph 2.02, the Agreement Term commences on the first day of the School Year in the year in which the Agreement is executed and ends on the last day of that School Year. The Agreement Term may be renewed at the Provinces sole discretion for only one additional School Year with no further renewals. PROVINCIAL COMMITMENTS The Province authorizes the Owner-Operator to use the Educational Materials in accordance with the terms of this Agreement, including without limitation those terms set out in Article 11.00. The Province will permit the Owner-Operator to refer to the BC Curriculum and the Agreement as specifically set out in paragraphs 7.02 and 7.03 to indicate that the School is offering a program under this Agreement with the Province. The Province will inspect the School in accordance with the terms of this Agreement and will provide the Owner-Operator with a copy of each Inspection Report prepared in relation to the School as soon as reasonably possible after the Provinces inspection process under paragraph 21.00 or 22.00 has been completed. The Inspection Report referred to in paragraph 3.03 will provide the Province with information to support the Provinces decision making with respect to the Owner-Operators eligibility to continue this agreement or apply for Certification of the School. QUALIFICATION CRITERIA FOR OWNER-OPERATORS The Owner-Operator represents and warrants for the purposes of paragraph 26.01(c) that the qualification requirements set out in Schedule A have been met. Prior to entering this Agreement, and annually, the Owner-Operator must provide the Province with:

2.02

3.00 3.01

3.02

3.03

3.04

4.00 4.01

4.02

(a) written confirmation from the appropriate government entity with paramount responsibility for education in the jurisdiction in which the School is located that the Owner-Operator has obtained: (i) written approval; or (ii) a letter of no objection; to operate the School; and (b) written approval in principle from the government office identified in paragraph 4.02(a) for the Owner-Operator to seek to Certification of the School with the Province. 4.03 The Province may at its sole discretion contact the government office identified in paragraph 4.02(a) to confirm that the information provided by the Owner-Operator is accurate and true. RELATIONSHIP No partnership, joint venture, agency or other legal entity will be created by or will be deemed to be created by this Agreement or any actions of the parties pursuant to this Agreement. The Owner-Operator is not a servant, employee or agent of the Province. The Owner-Operator must not in any manner whatsoever commit or purport to commit the Province or any of its officials or contractors to any course of action, obligation or otherwise. OWNER-OPERATORS REPRESENTATIONS, WARRANTIES AND OBLIGATIONS The Owner-Operator represents and warrants to the Province, with the intention that the Province will rely thereon in entering into this Agreement and throughout the Agreement Term, that (a) there is no law or decision of a governmental entity, which would prohibit the Owner-Operator from entering into this Agreement with the Province; (b) this Agreement has been legally and validly authorized and executed by the Owner-Operator and is legally binding upon and enforceable against the Owner-Operator in accordance with its terms; and (c) the Owner-Operator: (i) will directly operate the School and is solely responsible for its operation;

5.00 5.01

5.02 5.03

6.00 6.01

(ii) has the power and capacity to accept and execute this Agreement; (iii) has the power and capacity to perform its obligations under this Agreement and this Agreement is binding upon and enforceable against the Owner-Operator in accordance with its terms; (iv) does not know of any fact that adversely affects, or might adversely affect, in a material way, the Owner-Operator's properties, assets, condition (financial or otherwise), business or operations or its ability to fulfill its obligations under this Agreement; (v) has all the rights necessary to operate the School and use the facilities for the purposes of the School; and (vi) will operate the School in accordance with the laws of (@COUNTRY). 6.02 All statements contained in any certificate, application or other document delivered before or during the continuation of this Agreement, by or on behalf of the Owner-Operator to the Province under this Agreement or in connection with the School and the provision of an educational program under this Agreement will be deemed to be representations and warranties by the OwnerOperator under this Agreement. All representations, warranties, covenants and agreements made herein and all certificates, applications or other documents delivered by or on behalf of the Owner-Operator are material and will conclusively be deemed to have been relied upon by the Province and will continue in full force and effect during the continuation of this Agreement. The Owner-Operator must, if requested by the Province, provide evidence satisfactory to the Province that the representations and warranties are true and correct and that the Owner-Operators obligations under this Agreement have been met. INFORMATION AND PUBLIC ANNOUNCEMENTS The Owner-Operator must ensure that: (a) all communications, including publications and promotional materials, accurately set out the amount of fees and other monies payable under this Agreement to the Province; and (b) the Schools educational program, fees, accommodation and policies pertaining to the refund of fees or other costs are consistent with any promotional material or other informational material published or supplied by the Owner-

6.03

6.04

7.00 7.01

Operator, including information on the Owner-Operators websites and on sites that link with other programs and/or organizations. 7.02 The Owner-Operator may state in its publications that it has been granted approval to deliver the BC Curriculum and specify that the School has entered an Initial Curriculum Delivery Agreement with the Province under the BC Global Education Program Offshore Schools. The Owner-Operator must not use a phrase other than those specified in paragraph 7.02 to denote accreditation or Certification by the Province or advertise or represent in any way during the Agreement Term that: (a) it or its School has achieved or will achieve Certification; (b) it is a operating a Certified School; or (c) it has authority to offer educational programs leading to a British Columbia Certificate of Graduation. 8.00 8.01 CONDITIONS TO OPERATE THE SCHOOL The Owner-Operator is solely responsible for the School and for operating the School in compliance with all requirements under this Agreement, including without limitation, the requirements under Schedule B. The Owner-Operator must monitor and at all times remain in full compliance with the most current version of the Program Requirements. The Owner-Operator may only operate the School during the Agreement Term. The School approved under this Agreement is for the specific location identified in this Agreement and is not transferrable to a new location without prior written approval from the Province. The Owner-Operator must throughout the Agreement Term: (a) comply with any direction or request made by the Province related to the operation or administration of the School or relating to this Agreement as soon as practically possible; and (b) comply with all applicable laws, bylaws, orders, directions, rules and regulations of any city, state, provincial and national government body in (@COUNTRY) or branch or

7.03

8.02

8.03 8.04

8.05

10

agency thereof directly or indirectly applicable to the OwnerOperator, the School or this Agreement. 8.06 All Student admissions decisions must be made in accordance with the Program Requirements, including without limitation that the Owner-Operator: (a) must not admit students to the School who do not demonstrate English language proficiency in accordance with the Program Requirements; and (b) must ensure that each Student has completed an English language assessment in accordance with the Program Requirements that: i. is administered within the last calendar year; ii. is administered directly by the Principal or directly by an Authorized Person under the supervision of the Principal; and iii. includes written verification by the Principal of Students results 8.07 The Owner-Operator must be able to demonstrate, to the satisfaction of the Province, that each enrolled Students level of English language proficiency is adequate to enable the prospective Student to meet or exceed the learning outcomes identified in Educational Program Guides if the Student is admitted to the School. The Owner-Operator must provide, as part of its educational program, support to improve Students achievement in English language proficiency during the Agreement Term as identified in the Program Requirements. The Owner-Operator must ensure that it establishes and implements effective policies to ensure that school grades accurately reflect each Students achievement in the BC Curriculum and that no significant discrepancies between school grades and examination results occur. The Owner-Operator must ensure that it establishes and implements policies and procedures, in accordance with the Program Requirements, including without limitation, policies and procedures pertaining to student assessment, student admissions, student discipline, student supervision and parental appeals. The Owner-Operator must, on the commencement of the Agreement Term, establish and implement policies and procedures, in accordance with the Program Requirements:

8.08

8.09

8.10

8.11

11

(a) for evaluation of Authorized Persons; (b) professional development of Authorized Persons; and (c) for resolution of disputes between Authorized Persons and between the Owner-Operator and Authorized Persons. 9.00 9.01 ASSIGNMENT AND SUB-CONTRACTING The Owner-Operator must not: (a) assign, either directly or indirectly, this Agreement or any right of the Owner-Operator under this Agreement; or (b) subcontract any of the Owner-Operators obligations under this Agreement to any person except as authorized under paragraph 14 and under paragraph 18. 9.02 The subcontracting authorized under paragraph 9.01(b) does not relieve the Owner-Operator from any obligations under this Agreement. The Owner-Operator must ensure that: (a) any person retained by the Owner-Operator to perform obligations under this Agreement; and (b) any person retained by a person described in paragraph 9.01(b) to perform those obligations; fully complies with this Agreement in performing the subcontracted obligations. 10.00 DELIVERY OF THE BC CURRICULUM 10.01 The Owner-Operator must not offer the Educational Materials, including without limitation, the BC Curriculum other than as authorized under the terms of this Agreement. The Owner-Operator must only employ Authorized Persons to: (a) plan, evaluate and provide instruction to Students; and (b) provide all Student progress reports under paragraph 12.02 to Students, parents or legal guardians of Students; unless otherwise approved in writing by the Province. 10.03 The Owner-Operator must demonstrate during the Agreement Term sufficient planning and organization to satisfy the Province that it can operate the School and deliver the BC Curriculum in accordance with the requirements set out in Part I of Schedule B.

10.02

LICENSE OF BRITISH COLUMBIA CURRICULUM 11.01 The Owner-Operator acknowledges and agrees that:

12

(a)

(b)

the Province is the owner of or is licensed or otherwise authorized to take advantage of, all proprietary rights in and to the Educational Material, including without limitation copyright and other intellectual property rights; and any proprietary rights not specifically granted by the Province in this Agreement remain with the Province or its licensors, as applicable, including without limitation copyright and trademark protection.

11.02

The Province grants to the Owner-Operator, for the term of this Agreement, a non-exclusive, non-assignable license to: (a) (b) use the Educational Material; subject to paragraph 11.03,
(i) reproduce the Educational Material in electronic or paper format; and

(ii)

distribute the Educational Material to its Students,

for the sole purposes of the operation of the School and the delivery of the BC Curriculum by the Owner-Operator; 11.03 The Owner-Operator acknowledges and agrees that it may reproduce and distribute the Educational Material only in such quantities as are necessary for the purposes set out in paragraph 11.02. Following the execution and delivery of this Agreement: (a) the Province will provide the Owner-Operator with a copy of the Educational Material, excluding the Website Materials, in paper or electronic form; and subject to the provisions of this Agreement, the OwnerOperator may download the Website Materials.

11.04

(b) 11.05

The Owner-Operator acknowledges that some components of the Educational Material include a statement that the Province is the copyright owner of such Educational Materials, and the OwnerOperator agrees: (a) (b) not to change or delete any such statement; and where no such statement exists, to include on all copies of the Educational Material the following attribution notice: 2012 Province of British Columbia..

11.06

The Owner-Operator will be solely responsible for all costs of using, reproducing and distributing the Educational Material.

13

11.07

The Owner-Operator acknowledges that: (a) it may require educational resources in addition to the Educational Material for the delivery of the BC Curriculum; and it is solely responsible for obtaining all such additional educational resources, in a manner that complies with all applicable laws, including without limitation copyright law.

(b)

11.08

Immediately upon the expiry or sooner termination of this Agreement, the Owner-Operator will: (a) (b) (c) cease using, reproducing and distributing the Educational Material; delete all electronic copies of the Educational Material from its operating environment; and destroy all hard copies of the Educational Material in its possession or control.

12.00 STUDENT PROGRESS REPORTS 12.01 The Owner-Operator must establish and maintain, to the satisfaction of the Province, an assessment and evaluation program that: (a) demonstrates Student progress in achieving intellectual, human, social and career development in accordance with the Program Requirements and the requirements set out in sections 1 to 9 of the Ministerial Order M191/94, the Student Progress Report Order enacted under the School Act, with the exception of the definition of curriculum in s. 1 of that Order;; is in compliance with paragraph 8.09; and accurately demonstrates Student progress in the BC Curriculum.

(b) (c) 12.02

The Owner-Operator must provide a Student Report to the Student and the Students parent or guardian, in accordance with paragraph 12.01, that reflects all of the BC Curriculum in which the Student is enrolled in a School Year, including indicating which parts of the BC Curriculum has been or are scheduled to be taken through Distributed Learning.

13.00 SCHOOL RECORDS AND REPORTS

14

13.01

The Owner-Operator must establish and maintain, in English, accurate and current records, in accordance with this paragraph, the requirements set out in Part IV of Schedule B and the Program Requirements including without limitation: (a) the Annual Report(s); (b) Student Records; (c) records with respect to each Authorized Person employed in the School, including without limitation, police records checks from all jurisdictions in which the Authorized Person has previously resided and with respect to all professional development activities of the Authorized Person; and (d) records with respect to the operation of the School; and must permit the Province, or a person designated by the Province, at any time or times during normal School hours, to copy and inspect any and all records.

13.02

The Owner-Operator must maintain a Student Record for each Student enrolled in the School, in both English and the language of the jurisdiction in which the School is situated, in accordance with the Program Requirements, including but not limited to: (a) results of the English language assessment, including written verification by the Principal of Students results, required under paragraph 8.06 and 8.07 and any supplementary English language supports provided; (b) records related to the BC Curriculum delivered by Distributed Learning taken or scheduled for each Student; (c) signed consent forms required under paragraph 13.06; (d) the Permanent Student Record as established under Ministerial Order 082/09, the Permanent Student Record Order, enacted under the School Act, including without limitation all documents referenced in section 2(a)(ii) of that Order; (e) demonstrate compliance with paragraph 8.09; and (f) any other records relating to the Student in the custody and control of the Owner-Operator.

13.03

Subject to the laws of (@COUNTRY), the Owner-Operator must, at the time the Province requires, deliver to the Province, or a person designated by the Province, such written reports, statements, information and data in English and in the form and with the content satisfactory to and prepared by a person acceptable to the Province.

15

13.04

Where the Province requests that a person with specified credentials prepare a report, the Owner-Operator must ensure that this direction is complied with and the report is prepared in English and in accordance with the Provinces directions. The Owner-Operator must, on or before September 30 of the School Year, submit its Annual Report to the Province including, without limitation: (a) the completed Inspection Catalogue; and (b) a report on its Business Plan submitted under paragraph 1 of Schedule A.

13.05

13.06

The Owner-Operator acknowledges that the Province is required to comply with the Freedom of Information and Protection of Privacy Act, R.S.B.C. 1996, c. 186, and that this Agreement may require the collection, use and disclosure of relevant personal information about Students enrolled in the School and Authorized Persons employed in the School. The Owner-Operator is responsible for obtaining written consents in the form required by the Province of each: (a) Authorized Person; (b) Student in grades 10 to 12; and (c) parent or legal guardian of Students in Kindergarten and grades 1 to 9 for the disclosure of personal information to the Province as required under this Agreement and for storing and accessing this information outside of Canada. The Owner-Operator must keep the written consent in each Students Student Record and each Authorized Persons file.

14.00 OFFSHORE PROGRAM CONSULTANT AND LIAISON 14.01 Subject to the Provinces direction that the Owner-Operator must, the Owner-Operator may, during the Agreement Term retain, in accordance with the requirements set out in Part II of Schedule B, an Offshore Program Consultant selected from the Provinces list of pre-approved candidates. The Owner-Operator must ensure that the private affairs and financial interests of the individual designated to fulfill the duties under paragraph 10 and 11 of Part II of Schedule B do not give rise, either directly or indirectly, to any pecuniary or non-pecuniary conflict of interest or the perception of a conflict of interest, in relation to the performance of the duties under this Agreement.

14.02

15.00 PRINCIPAL

16

15.01

The Owner-Operator must employ a Principal for the School during the Agreement Term in accordance with the requirements set out in Part III of Schedule B. The Owner-Operator may employ a Vice Principal to support and assist the Principal, under the direction of the Principal, in fulfilling the duties under paragraph 6(b) of Part III of Schedule B. A Vice Principal cannot assume the functions of the Offshore Program Consultant. Where a Vice Principal has been employed under paragraph 15.02, the Principal remains responsible for administration and supervising the School and exercises paramount authority within the School with respect to the duties set out under paragraph 6 of Part III of Schedule B.

15.02

15.03

16.00 TEACHERS 16.01 The Owner-Operator must ensure that Authorized Persons, and only Authorized Persons are employed to teach at the School in accordance with the requirements set out in Schedule C.

17.00 REPORT OF DISMISSAL, SUSPENSION OR DISCIPLINE REGARDING TEACHER 17.01 The Owner-Operator agrees that the Province may maintain the complete list of all the Authorized Persons employed by the OwnerOperator during the previous 12 month period, submitted as part of the reporting requirement under paragraph 13.05, for at least 10 years. The Owner-Operator must: (a) obtain written consent required under paragraph in the form required by the Province from each Authorized Person; and (b) ensure that the consent form is included in the file for the Authorized Person and is available for inspection by the Province. 17.03 If an Authorized Person revokes or otherwise withdraws their consent under paragraphs , the Owner-Operator must immediately: (a) suspend the employment of that Authorized Person in the School; and (b) advise the Director of International Education and the Commissioner of the revocation or withdrawal of the Authorized Persons consent.

17.02

17

17.04

If the Owner-Operator or the Principal: (a) suspends or dismisses an Authorized Person, including the Principal, for misconduct that involves: (i) physical harm to a student or minor; (ii) sexual abuse or sexual exploitation of a student or minor; or (iii) significant emotional harm to a student or minor, it must without delay send a report regarding the dismissal suspension or disciplinary action; (A) to the Director of International Education and the Commissioner; (B) to the Authorized Person; and (C) the report must be in writing, signed by the Principal and include reasons for the action taken by the Principal or Owner-Operator.

17.05

If the Owner-Operator or the Principal considers any conduct by or competence of an Authorized Person, including the Principal, to be in breach of the standards of professional conduct or competence established by the BC Teachers Council under section 9 of the Teachers Act,, the Owner-Operator or the Principal must send to the Director of International Education and the Commissioner a report, in writing, regarding that conduct or competence and must send a copy of the report to the Authorized Person. An Owner-Operator or Principal who has made a report to the Director of International Education and the Commissioner in respect of an Authorized Person under this paragraph 17.00 must, without delay after being requested to do so by the Director of International Education or the Commissioner, provide the Director of International Education and the Commissioner and the Authorized Person a copy of all of the records available to the Owner-Operator or the Principal that relate to the matter in respect of which the report was made. If an Authorized Person, including the Principal, resigns from the employment with the Owner-Operator under circumstances that suggest misconduct or incompetence under the Teachers Act, the Owner-Operator must, without delay: (a) report the circumstances of the resignation to the Commissioner; (b) send a copy of the report to the Authorized Person; and (c) send a copy of the report to the Director of International Education.

17.06

17.07

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18.00 SERVICE PROVIDER for DISTRIBUTED LEARNING 18.01 Subject to the written approval of the Province, the Owner-Operator may contract with a Approved Distributed Learning Service Provider listed in Schedule "G" for the delivery of the BC Curriculum for which there is no Provincial Examination as a part of the Students educational program at the School, provided that the terms and conditions in the Owner-Operators contract with the Approved Distributed Learning Service Provider: (a) are consistent with and in compliance with this Agreement; and (b) meet or exceed all the requirements of the Distributed Learning standards as referred to in paragraph 18.02. 18.02 The Owner-Operator acknowledges and agrees that the Province requires the Approved Distributed Learning Service Provider to meet or exceed the Distributed Learning standards established by the Province and as amended from time to time and found at: http://www.bced.gov.bc.ca/dist_learning/documents/dlstandards.pdf The Owner-Operator agrees that it is bound by such Distributed Learning standards, as amended from time to time. 18.03 If the Owner-Operator becomes aware of any breaches of the Distributed Learning standards with respect to the delivery of the BC Curriculum by way of Distributed Learning that are part of its educational program at the School, it must immediately take steps to rectify the breach and must immediately notify the Province of the breach and the steps being taken to rectify. If the Owner-Operator is not able to rectify any breaches of the Distributed Learning standards to the satisfaction of the Province, the Province may at its sole discretion revoke authorization to deliver any of the BC Curriculum at the School through Distributed Learning.

18.04

19.00 FACILITIES, GROUNDS AND EQUIPMENT 19.01 The Owner-Operator is responsible for: (a) ensuring that local health and safety standards in respect of the operation of the School are met; (b) ensuring that the facilities, grounds and equipment used in conjunction with the operation of the School meet local building code and health and safety standards; and

19

(c) any damages or other type of compensation arising as a result of any liability related to facilities, grounds, equipment or operation of the School. The Owner-Operator acknowledges and agrees that the Province does not assume responsibility for these matters. 19.02 The facilities, grounds and equipment used in the operation of the School must, in the opinion of the Province, be adequate for the operation of a School under the BC Global Education Program Offshore Schools.

20.00 FEES 20.01 The Owner-Operator must pay all fees and cover all expenses outlined in Schedule E.

21.00 ANNUAL INSPECTION AND PAYMENT FOR INSPECTION 21.01 This Agreement is terminated and the Owner-Operators authorization to operate the School ceases at the end of the Agreement Term unless: (a) the Province has conducted an inspection of the School in accordance with paragraphs 1 to 12 of Schedule D during the Agreement Term; (b) the Inspection Report provided to the Province in respect of the inspection referred to in subparagraph (a) recommends continuation of this Agreement or that the Owner-Operator is eligible to apply to enter a Certified School Agreement, with or without conditions; (c) the Owner-Operator, in the opinion of the Province continues to comply with the terms and conditions of this Agreement and continues to meet or exceed the requirements in this Agreement; and (d) the Province determines at its sole discretion that the Agreement Term should be renewed in accordance with paragraph 2.00 or that the Owner-Operator is eligible to apply to enter a Certified School Agreement, with or without conditions, is granted. 22.00 ADDITIONAL INSPECTION PROCESSES 22.01 In addition to the annual inspection under paragraph 21.00, the Province may conduct additional inspections at any time, with or without notice, during the Agreement Term.

20

22.02

Costs for inspections under paragraph 22.01 are included in the fees specified under Schedule E and will not be conducted at an additional cost to the Owner-Operator. The Province may perform a Learning Audit at any time during the Agreement Term if it has concerns about the quality of educational programming and/or Student achievement. The Owner/Operator is responsible for the additional expenses for Learning Audits under paragraph 22.03, as outlined in the fees and expenses specified under Schedule E. The Province may appoint a chief inspector to plan, supervise and administer inspections under paragraphs 21.00 and 22.00 at its sole discretion.

22.03

22.04

22.05

23.00 ENTERING A CERTIFIED SCHOOL AGREEMENT 23.01 The Province at its sole discretion will determine whether the Owner-Operator may enter a Certified School Agreement, after: (a) determining if the Owner-Operator is in compliance with the terms and conditions of this Agreement; (b) conducting an inspection of the School under paragraph 21.00 to assess whether, in the Provinces opinion, the Owner-Operator is eligible to apply to enter a Certified School Agreement, with or without conditions; and (c) assessing any other matters that the Province considers relevant to that determination. 23.02 If the Province has notified the Owner-Operator that the School will not be Certified, that this Agreement will not be renewed under paragraph 2.02, or that the Agreement will be terminated under paragraph 26.00, the Owner-Operator must: (a) update the Schools web-site; and (b) notify, in writing, all Students or applicants for enrollment in the School and their parents or legal guardians that the School will not continue to operate under the BC Global Education Program Offshore Schools and will not be eligible to continue to deliver the BC Curriculum or offer a BC Graduation Program. 24.00 INDEMNITY 24.01 The Owner-Operator will indemnify and save harmless and forever releases and discharges the Province, its employees and agents, from and against any and all losses, claims, damages, actions,

21

causes of action, costs and expenses that any of them may sustain, incur, suffer or put to at any time either before or after the expiration or termination of this Agreement, where the same or any of them are based upon, arise out of or occur, directly or indirectly, by reason of any act or omission of the Owner-Operator, or of any agent, employee, officer, director or sub-contractor of the OwnerOperator pursuant to this Agreement or in connection with the School. 25.00 COMPLAINTS AND COMPLIANCE PROCESS 25.01 Where the Province receives a complaint from any person about the School, the Province will: (a) make a preliminary investigation of the complaint; (b) advise the Owner-Operator as to the substance of the complaint if, after preliminary investigation, the Province deems the complaint to be valid in relation to this Agreement; (c) investigate the complaint if the Province deems the complaint to be valid in relation to this Agreement; (d) advise the Owner-Operator of any remedial action that is required in order to bring the School or Owner-Operator into compliance with this Agreement; and (e) make an order setting out the remedial action that the Owner-Operator must implement to address the complaint. 25.02 The Owner-Operator must comply with any reasonable order from the Province with respect to bringing the School into compliance with this Agreement. The Province may require the Owner-Operator to submit a plan outlining how it will bring itself into compliance with the Agreement by a date specified by the Province. The Province may, at any time, place the School on Probationary Status if the Province considers the Owner-Operators is out of compliance with any provision of this Agreement. If the School is placed on Probationary Status, the Province will publish this status on the Ministry of Education web-site. If the School is placed on Probationary Status, the Owner-Operator must immediately inform all Students and Students parents of this status and update the Schools website to clearly indicate that the School is on Probationary Status.

25.03

25.04

25.05 25.06

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25.07

Where the Province receives and validates a complaint about a School, the Province may discuss the complaint and share information with education authorities in other Canadian jurisdictions.

26.00 DEFAULT AND TERMINATION 26.01 The following events will result in the Owner-Operator no longer being in good standing with the Ministry, and, as a result, will constitute an Event of Default: (a) the Owner-Operator fails to comply with any provision of this Agreement, and specifically fails to pay fees required under this Agreement, or a request or direction of the Province made under this Agreement; (b) the Owner-Operator fails to implement, to the Provinces satisfaction, requirements imposed under paragraphs 25.01(f) and 25.02; (c) any representation or warranty made by the Owner-Operator in this Agreement, or otherwise made, to the Province before or during the Agreement Term which is untrue or incorrect; (d) the Owner-Operator fails to correct any deficiency noted in an Inspection Report created under paragraphs 21.00 or 22.00 within the time specified by the Province and if no time was specified, within a reasonable time; (e) any information, oral or written statement, certificate, report or other document furnished or submitted by or on behalf of the Owner-Operator pursuant to or as a result of this Agreement which is untrue or incorrect; (f) the Owner-Operator ceases, in the opinion of the Province, to operate; (g) a change occurs with respect to one or more of the following, including some or all, of the properties, assets, condition (financial or otherwise), business or operations of the Owner-Operator which, in the opinion of the Province, materially adversely affects the ability of the Owner-Operator to fulfill its obligations under this Agreement; or (h) the Owner-Operator does not, in the opinion of the Province, continue to provide a School in a manner that meets the Provinces requirements. 26.02 Upon the occurrence of any Event of Default and at any time thereafter the Province may, notwithstanding any other provision of this Agreement, at its sole discretion, exercisable by written notice to the Owner-Operator:

23

(a) require that the Event of Default be remedied within a time period specified by the Province; (b) terminate this Agreement and cancel the authorization of the Owner-Operator to use the BC Curriculum for purposes of operating the School, where the termination of the Agreement and the cancellation of the authorization are effective on the dates stated in the notice; or (c) pursue any remedy or take any other action available to it at law or in equity. 26.03 All rights, powers and remedies conferred on the Province under this Agreement or under any statute or law are not intended to be exclusive and each shall be cumulative in addition to and not in substitution for every other right, power and remedy existing or available to the Province under this Agreement or any other Agreement at law or in equity. The exercise by the Province of any right, power or remedy will not preclude the simultaneous or later exercise by the Province of any other right, power or remedy. This Agreement may be terminated where there is no Event of Default by either party if, during that School Year, the OwnerOperator or the Province receives a written request to terminate from the other party. Termination under this paragraph will become effective at the end of the School Year during which notice is given, unless another date is agreed to by the parties in writing. Where this Agreement is terminated, or notice of termination is received or deemed to be received by the Owner-Operator, the Owner-Operator will cease advertising in any way that suggests that the Owner-Operator or the School is certified by the Province or that it eligible to deliver the BC Curriculum.

26.04

26.05

26.06

27.00 LIQUIDATED DAMAGES 27.01 Where this Agreement is terminated under paragraph 26.02 prior to the end of the Term, the Owner-Operator shall pay, in a single payment, as liquidated damages and not as a penalty, the early termination charge of $10,000. The Parties acknowledge and agree that all liquidated damages set out in this Agreement have been calculated as, and are a genuine pre-estimate of the loss likely to be suffered by the Province and are not penalties.

27.02

24

28.00 DISPUTE RESOLUTION 28.01 This Agreement will be governed by and construed in accordance with the laws of the Province of British Columbia. Any matter regarding the interpretation and application of this Agreement, and all disputes arising under or in connection with this Agreement, that cannot be resolved between the parties, will be within the exclusive jurisdiction of the courts of British Columbia.

29.00 NOTICES 29.01 Any notice or other document that either party may be required or may desire to give to the other will be conclusively deemed validly given to and received by the addressee, if delivered personally then on the date of delivery, if mailed then on the fourteenth business day after mailing the same by prepaid post, if by facsimile transmission then when so transmitted or if by electronic mail then when capable of being retrieved by the addressee, at the addresses: if to the Province: Ministry of Education Director, International Education PO Box 9153 STN PROV GOVT Victoria, BC V8W 9H1 Facsimile number: (250) (@NUMBER) E-mail Address: (@INSERT ADDRESS) Attention: International Education Branch And if the Teacher Regulation Branch: in accordance with the procedures set out at: http://www.bcteacherregulation.ca/documents/FormsandPublications/Prof Conduct/mc_brochure.pdf. And if to the Owner-Operator: (@ NAME OF OWNER-OPERATOR AND FULL ADDRESS with fax number and e-mail address) Attention: (@NAME AND TITLE)

25

29.02

Either party may, from time to time, advise the other party in writing of any change of address or contact person of the party giving such notice and the information specified will, for the purposes of paragraph 29.01, be conclusively deemed to be the address and contact person of the party giving such notice.

30.00 NON-WAIVER 30.01 No term or condition of this Agreement and no breach by the Owner-Operator of any such term or condition will be deemed to have been waived unless such waiver is in writing signed by the Province. The written waiver by the Province of any term or breach by the Owner-Operator of any term or condition of this Agreement is not a waiver of any other term or breach.

30.02

31.00 ENTIRE AGREEMENT 31.01 This Agreement, the Schedules to this Agreement, and any requirements, including without limitation Orders or Program Requirements, incorporated by reference into this Agreement constitute the entire Agreement between the parties with respect to the subject matter of this Agreement.

32.00 FURTHER ACTS AND ASSURANCES 32.01 Each of the parties will, upon the reasonable request of the other, make, do, execute or cause to be made, done or executed all further and other lawful acts, deeds, things, devices, documents, instruments and assurances whatsoever for the better performance of the terms and conditions of this Agreement.

33.00 TIME OF ESSENCE 33.01 Time is of the essence in this Agreement.

34.00 SURVIVAL OF PROVISIONS 34.01 All of the provisions of this Agreement in favour of the Province and all of the rights and remedies of the Province, either at law or in equity, will survive any termination of this Agreement. For greater clarity, but without limiting the foregoing, paragraphs 5.00, 6.00, 11.01, 11.08, 13.06, 19.01, 24.01 paragraphs 3 and 4 of Part IV of Schedule B continue in force indefinitely, even after this Agreement ends.

35.00 INSTRUCTIONS AND MODIFICATION OF TERMS AND CONDITIONS

26

35.01

The Province may, from time to time, give instructions to the Owner-Operator respecting matters relating to this Agreement, including the conduct of examinations and tests and the OwnerOperator will comply with those instructions within a reasonable time or a time set by the Province. The Province may modify the Agreement where it considers it necessary to more effectively carry out the purpose and intent of this Agreement, such as, maintaining consistency with current standard terms and conditions in similar offshore educational program agreements, as such terms and conditions may be revised from time to time by the Province. The Province may add to, remove or modify any of the terms and conditions of this Agreement in accordance with paragraph 35.02 by giving written notice of the changed terms and conditions to the Owner-Operator in accordance with the written notice provisions in paragraph 29.01. Upon the receipt of such notice in accordance with paragraph 29.01 the Owner-Operator will be deemed to have accepted the changed terms and conditions and further such changes will be deemed to have been incorporated into this Agreement.

35.02

35.03

36.00 INTERPRETATION 36.01 Where there is a conflict or a difference in meaning between the English and the (@LANGUAGE) version of this Agreement, the English version shall apply. All translations into English for the purposes of this Agreement must be of a standard acceptable to the Province. The headings appearing in this Agreement have been inserted for reference and as a matter of convenience and in no way define, limit or enlarge the scope of any provision of this Agreement. Any reference to a statute, regulation or order in this Agreement, whether or not that statute has been defined, includes all regulations and Orders made at any time under or pursuant to that statute. Any reference to an enactment in this Agreement, whether or not that enactment has been defined, includes any amendments made to those enactments. In this Agreement wherever the singular or neuter is used it will be construed as if the plural or masculine or feminine, as the case may be, had been used where the context so requires.

36.02 36.03

36.04

36.05

36.06

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36.07 36.08

The Schedules to this Agreement are an integral part of this Agreement as if set out at length in the body of this Agreement. Subject to paragraphs 35.02 and 35.03, no amendment or modification to this Agreement will be effective unless it is in writing and duly executed by the parties. If any provision of this Agreement or the application to any person or circumstances is invalid or unenforceable to any extent, the remainder of this Agreement and the application of such provision to any other person or circumstance will not be affected or impaired thereby and will be enforceable to the extent permitted by law. All dollar amounts expressed in this Agreement refer to lawful currency of Canada. Unless the context otherwise indicates, any reference to this Agreement means this instrument and all of the Schedules attached to it, and any reference to any paragraph or subparagraph by number is a reference to the appropriate paragraph or subparagraph in this Agreement. Nothing in this Agreement operates as a consent, permit, approval or authorization by the Province or any Ministry, Branch or agency thereof to or for anything related to the School or Certification that the Owner-Operator is required to obtain unless it is expressly stated herein to be such a consent, permit, approval or authorization.

36.09

36.10 36.11

36.12

37.00 SUCCESSORS AND ASSIGNS 37.01 This Agreement will enure to the benefit of and be binding upon the Owner-Operator and its successors and permitted assigns and the Province and its assigns.

IN WITNESS WHEREOF the parties have executed this Agreement as of the date first above written. SIGNED on behalf of Her Majesty the Queen in right of the Province of British Columbia by a duly authorized representative of the Minister of Education in the presence of: ) ) ) ) ) ) ________________________________ ) Witness ) ) ) )

__________________________ For the Minister of Education James Gorman Deputy Minister

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Date Signed ) The Director of the Intellectual Property Program of the Ministry of Citizens Services and Open Government consents to the disposal of intellectual property as described in this Agreement. SIGNED on behalf of Her Majesty the Queen in right of the Province of British Columbia by a duly authorized representative of the Minister of Citizens Services and Open Government in the presence of: ) ) ) ) ) ) ) ) ) _________________________________ Witness Date Signed )

__________________________ For the Minister of Citizens Services and Open Government

SIGNED on behalf of @NAME OF SCHOOL OWNER-OPERATOR, by a duly authorized representative

) ) ) ) ) _______________________________ ) Witness ) ) ) ) ) ) ) ) Date Signed )

__________________________ Owner-Operator __________________________ (PRINT NAME) __________________________ (PRINT TITLE)

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SCHEDULE A QUALIFICATION CRITERIA FOR OWNER-OPERATORS The Owner-Operator represents and warrants that it has met the following qualification criteria required in order to enter an agreement under the British Columbia Global Education Program Offshore Schools, it: 1. Has satisfied all of the Provinces application requirements in the form and with the content established by the Province, including without limitation a Business Plan submitted in accordance with the Program Requirements. Is able to communicate orally and in writing with the Province in fluent English at a level acceptable to the Province. Has provide documentation to the Province sufficient to satisfy the Province that the Owner-Operator is a non-governmental legal entity incorporated and operating in the jurisdiction in which the School will operate. Has satisfied the Province that the Owner-Operator is not in contravention of any relevant legislation or other legal requirements, including without limitation, all relevant labour and employment laws and the Immigration and Refugee Protection Act, S.C. 2001, c. 27 and Regulations made under that Act. Is, subject to the written approval of the Province, offering a British Columbia educational program that commences between Kindergarten and Grade 8, with a minimum enrollment of 60 full-time students in each grade offered in the School. Has, subject to the written approval of the Province, ensured that Students commence full-time enrollment in the School in or before Grade 8. Has paid all fees in accordance with Schedule E. Have completed, at the Owner-Operators expense, an onsite review with the Province of the proposed school or, at the Provinces sole discretion, an in-person interview between the Province and the Owner-Operator in British Columbia. Has provided any additional information that the Province reasonably requests.

2.

3.

4.

5.

6.

7. 8.

9.

30

10.

Is considered, at the Provinces sole discretion, to be a suitable candidate in accordance with the Provincial Requirements to operate a School under the BC Global Education Program Offshore Schools.

31

SCHEDULE B PROGRAM ADMINISTRATION AND OPERATION PART I: OPERATION OF THE SCHOOL 1. The Owner-Operator must demonstrate during the Agreement Term sufficient planning to satisfy the Province that it can operate the School and deliver the BC Curriculum in accordance with the Program Requirements, including without limitation, the Owner-Operator must: (a) deliver the BC Curriculum in English at a standard acceptable to the Province, except for the parts of the BC Curriculum exempted in writing by the Province; ensure the recruitment, hiring and supervision of qualified and competent personnel, including Authorized Persons, is in accordance with Program Requirements; ensure compliance within the delivery of the educational program in the School with the subject, instructional time and learning outcome requirements set out in sections 1.1 to 6, with the exception of s. 4(5)(b), of Ministerial Order 41/91, the Educational Standards Order, enacted under the Independent School Act. For clarity, a reference to Board or Authority in the Order means Owner-Operator for the purposes of this Agreement; ensure that all of the BC Curriculum offered in the School meet or exceed the learning outcomes identified in the Educational Program Guides for each course, with a course overview for each course that includes content, teaching strategies, evaluation and assessment methods which are clearly linked to the BC learning outcomes; ensure compliance with the Program Requirements with respect to all equivalency process and challenge rules; follow the BC Ministry of Education Performance Standards found at: http://www.bced.gov.bc.ca/perf_stands/ as an assessment tool for Students; (g) develop a course overview for each course that: i. includes content, planning for assessment, teaching strategies, achievement indicators, and assessment methods; and aligns with the British Columbia Curriculum learning outcomes; and

(b)

(c)

(d)

(e) (f)

ii. (h)

ensure that the Schools facilities, including computer resources, meet Program Requirements, including without limitation, the

32

requirements set out in Schedule F. 2. The Owner-Operator must acquire sufficient resources, including textbooks, a library with hard copy and electronic resources, including internet resources, in accordance with Program Requirements sufficient to support the learning outcomes for all of the BC Curriculum offered at the School. The Owner-Operator must only make changes to the facilities, equipment or educational programs provided to Students under this Agreement: (a) which the Province has requested in response to the Inspection Report provided to the Owner-Operator under paragraph 3.03 and paragraphs 21.00 and 22.00 and approved by the Province; or for which the Owner-Operator has obtained prior written approval from the Province.

3.

(b)

PART II: OFFSHORE PROGRAM CONSULTANT 1. If the Offshore Program Consultant retained under paragraph 14.01 is a corporate entity, the Owner-Operator must ensure that one individual with authority to legally bind the corporate entity is designated to serve as representative of the corporate entity for the purposes of fulfilling the duties under paragraphs 10 and 11 of this Part. The Offshore Program Consultant retained by the Owner-Operator under paragraph 14.01 may not serve as Offshore Program Consultant for more than 2 other Owner-Operators and must not be affiliated with the OwnerOperator, other than through the Offshore Program Consultants contract with the Owner-Operator. If an Offshore Program Consultant is retained by the Owner-Operator under paragraph 14.01 and approved by the Province under paragraph 7 of this Part the Offshore Program Consultant must, in addition to fulfilling the duties under paragraph 10 of this Part, serve as the primary liaison between the Owner-Operator and the Province for the purpose of this Agreement and fulfill the duties under paragraph 11 of this Part. The Offshore Program Consultant must not fulfill any duties in relation to the School other than those set out in paragraphs 10 and 11 of this Part. If an Owner-Operator has not retained an Offshore Program Consultant, under paragraph 14.01, the Principal employed under paragraph 15.01 must fulfill the duties of both Principal under paragraph 6 of Part II of this Schedule B and primary liaison under paragraph 11 of this Part. For clarity, where an Offshore Program Consultant has been retained, the Offshore Program Consultant will be responsible for evaluating the Principal and documenting the results of that evaluation. Where no Offshore Program Consultant has been retained, the Owner-Operator retains responsibility for these duties.

2.

3.

4.

33

5.

The Owner-Operator must provide the Province with written confirmation that the individual designated as liaison under either paragraph 3 or 4 of this Part has full capacity to represent and legally commit the OwnerOperator in all communications and dealings with the Province in relation to this Agreement. The individual designated as liaison under paragraph 3 or 4 of this Part and to fulfill the duties under paragraph 11 of this Part is not authorized to represent the Owner-Operator for the purposes of this Agreement until the Province has approved in writing the Owner-Operators appointment of that individual to serve as liaison with the Province. The Province may, in its sole discretion, cease to engage, for the purposes of this Agreement, with the individual designated as liaison under paragraph 3 or 4 of this Part if the Province has reason to question his or her authorization, conduct, qualifications or competence. In any such case, the Owner-Operator will identify a replacement and the provisions of paragraph 14 and this Part will then apply to the process for identifying and approving the replacement. The Owner-Operator may designate a new individual to serve as the Owner-Operators liaison except that the individual will not be the OwnerOperators liaison under paragraphs 3 or 4 of this Part until the appointment has been approved by the Province. If an Offshore Program Consultant is retained by the Owner-Operator under paragraph 14.01 and approved by the Province under paragraph 7 of this Part, the Owner-Operator must ensure that the Offshore Program Consultant undertakes, in collaboration with the Principal the following duties: (a) assisting with administration of the School and carrying out a system of education in conformity with this Agreement, including: i. assisting the Owner-Operator to recruit and hire Authorized Persons; ii. providing visa support for Authorized Persons iii. establishing accommodation arrangements for Authorized Persons and dealing with any issues with accommodation; iv. providing cultural acclimatization assistance for Authorized Persons and Students; v. providing professional development for Authorized Persons; and

6.

7.

8.

9.

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vi. participating in dispute resolution process under the policy required under paragraph 8.11(c) and, if required by the Province, under paragraph 25.00; and (b) assisting the Owner-Operator to market the School. 10. The duties of the liaison appointed either under paragraph 3 or 4 of this Part are: (a) acts as the primary contact to liaise and communicate with the Province in a timely manner; (b) advising and assisting the Owner-Operator in exercising its powers and duties under this Agreement; (c) effectively manage issues, in collaboration with the Principal, that may arise and resolve complaints to reach resolutions satisfactory to the Province; (d) attend information sessions held by the Province; (e) actively work with the Owner-Operator to ensure compliance with the terms of this Agreements including working with the Owner-Operator, Principal and Authorized Persons to ensure that accountabilities and timelines are clearly understood and met under this Agreement; (f) ensure, in collaboration with the Principal, the effective transfer to the Province of all data outlined in Schedule F and all annual reporting requirements are met by deadlines established by the Province; (g) participate in, and support, in collaboration with the Principal, an inspection team, in conducting inspections for the purposes of this Agreement; and (h) work with the Owner-Operator, Principal and Authorized Persons to address the Provinces recommendations and requirements, including recommendations and requirements arising from inspections. PART III: PRINCIPAL 1. The Principal must be an individual who, at the time that the individual is hired by the Owner-Operator as the Principal and during the Agreement Term, meets all of the following requirements: (a) is fluent in English; (b) holds a British Columbia Certificate of Qualification; (c) is not otherwise affiliated with the Owner-Operator, other than through the Principals employment contract with the Owner-Operator; and

35

(d) has experience working at a principal or vice-principal level and has a minimum of three years of teaching experience, preferably in a British Columbia school, except where the Province has provided written approval to the OwnerOperator for the use of modified criteria due to exceptional circumstances. 2. The Owner-Operator must not employ a Principal under paragraph 15.01 who is employed as a Principal for any other school under the British Columbia Global Education Program Offshore Schools. The Owner-Operators must ensure the Principal employed under paragraph 15.01 has responsibility for and authority to undertake the following duties in relation to the School: (a) providing administration for and supervision of the School including responsibility for the operation of the School, the curriculum taught and the evaluation of Authorized Persons; and (b) carrying out a system of education for the BC Global Education Program Offshore Schools in conformity with this Agreement, including without limitation: i. directly managing student admission processes, including making final decisions with respect to Student assessment and admissions; implementing educational programs in accordance with the terms of this Agreement; ensuring that the quality of the educational programs offered at the School meet the Program Requirements;

3.

ii. iii.

iv. overseeing development of course overviews that support learning outcome requirements as established by the Province; v. evaluating learning situations in classrooms; vi. establishing all teaching timetables and student placement in classrooms; vii. establishing the program of teaching and learning activities; viii. establishing student evaluation and assessment processes and reporting to parents; ix. supervising and evaluating the work of Authorized Persons and other School staff, and documenting the results of such evaluations; x. organizing and providing supervision for professional development of Authorized Persons in the School;

xi. performing teaching duties as appropriate;

36

xii. maintaining complete and accurate school records, including without limitation all records under paragraphs 12.00 and 13.00 and Part IV of this Schedule; xiii. supervising the general conduct of Students, both on School premises and during activities that are off School premises and that are organized or sponsored by the School; xiv. participating in dispute resolution process under the policy required under paragraph 8.11(c) and, if required by the Province, under paragraph 25.00; and xv. in accordance with the policies of the Owner-Operator, exercising paramount authority within the School in matters concerning the discipline of students. 6. The Owner-Operator must establish conditions of employment for Principals and Authorized Persons that encourage those employees to continue their employment in the School.

PART IV: SCHOOL RECORDS 1. The Owner-Operator must establish and maintain, in English, accurate and current records, including without limitation: (a) (b) (c) the Annual Report(s); Student Records; records with respect to each Authorized Person employed in the School; and

(d) records with respect to the operation of the School; and must permit the Province, or a person designated by the Province, at any time or times during normal School hours, to copy and inspect any and all records. 2. The Owner-Operator must maintain in each Authorized Persons file the records required under paragraph 13.01(c), including without limitation, completed evaluations for Authorized Persons required under policies established and implemented under paragraph 8.11 and police records checks from all jurisdictions in which the Authorized Person has previously resided. Files relating to on-site Authorized Persons must also include, without limitation, copies of British Columbia Certificates of Qualification or Letters of Permission, as applicable, and copies of contracts of employment between the Owner-Operator and Authorized Persons. If a Student transfers out of the School or the School ceases to operate, the Owner-Operator agrees to transfer or to ensure that the Principal transfers in a timely manner the Students Student Record to another Owner-Operator operating a school under the BC Global Education

3.

37

Program Offshore Schools or to BC K-12 public or certified independent school, as requested by the Student. 4. The Owner-Operator agrees to keep and maintain in a secure manner and place the Student Records for 10 years following the graduation of a Student or the leaving of a Student from the School. Subject to written approval from the Province, the Owner-Operator must ensure that it meets Program Requirements for internet connectivity, computer hardware/software, and printer capabilities to ensure efficient electronic transfer and printing of such items as are required under this Agreement.

5.

38

SCHEDULE C REQUIREMENTS FOR EMPLOYMENT OF TEACHERS IN THE BC GLOBAL EDUCATION PROGRAM OFFSHORE SCHOOLS 1. The Owner-Operator must ensure that Authorized Persons employed to teach at the School: (a) (b) (c) (d) (e) hold a British Columbia Certificate of Qualification prior to beginning teaching in the School and during the Agreement Term; provide to the Owner-Operator police records checks from all jurisdictions in which the Authorized Person has previously resided; maintain their certification in good standing complying with all professional requirements under the Teachers Act; provide consents required under paragraph 13.06; provide instruction in a competent manner to Students in accordance with the requirements under this Agreement and as identified in Program Requirements; teach the programs of study and educational programs that are prescribed, approved or authorized under this Agreement; encourage and foster learning in Students; regularly evaluate Students and periodically report the results of the evaluation to the Students, the Students parents and the School in accordance with the terms of this Agreement; maintain, under the direction of the Principal, order among the Students while they are in the School or on the School grounds and while they are attending or participating in activities sponsored or approved by the School; and carry out, subject to any applicable contract of employment, those duties that are assigned to the teacher by the Principal.

(f) (g) (h)

(i)

(j)

39

SCHEDULE D INSPECTIONS OF OFFSHORE SCHOOLS 1. On receipt of: (a) (b) the funds required by the Province as described in paragraphs 6, 8, 9 and 10 of this Schedule; and all information required by the Province within in the timelines established by the Province,

the Province will, in order to determine if the Owner-Operator is eligible to apply to enter a Certified School Agreement or renew this Agreement in accordance with paragraph 2.00, conduct an inspection of the School, including, without limiting the foregoing, inspection of the records of the Owner-Operator, and facilities and equipment used in the operation of the School, and will, if possible conduct this inspection at times that are convenient to both the Owner-Operator and the Province. 2. The Owner-Operator will, at the request of the Province, permit the Province, or a person designated by the Province to: (a) enter, at any reasonable time, a building used in the operation of the School, offices of the Owner-Operator or the grounds and facilities used in the operation of the School, inspect any record of the Owner-Operator, including without limitation, electronic records, e-mails records and all records held by the Offshore Program Consultant, the Principal and Authorized Persons, relating to the operation of the School, including Student and staff records, and inspect the academic achievement of Students and the administration of the School, and permit the Province, or a person designated by the Province, to do everything necessary to conduct a thorough and complete inspection of the School for the purposes of this Agreement, including, the following: (i) (ii) verification of the status of Authorized Persons; observation of any Authorized Persons teaching methods, including planning and delivery of the BC Curriculum and assessment and evaluation of the Students; observation of operation of the School to assess the OwnerOperators capacity to operate the School and provide the BC Curriculum in accordance with the terms of this Agreement;

(b)

(c)

(iii)

(iv) examination of the Authorized Persons course overviews and lesson plans for the School, and resource materials used by the Owner-Operator;

40

(v)

assess any matters with respect of which the Director of International Education has received a complaint under paragraph 25.00; and

(vi) examination of the English Language Learning (ELL) assessment and instruction provided by the Owner-Operator. 3. The Owner-Operator will provide all the support the Province considers necessary to allow the Province to conduct a thorough and complete inspection of the School and the provision of the educational programs, including without limitation, that the Owner-Operator will ensure compliance with the terms of the Provinces contract with the inspection team members, that the inspection team members must not be placed in a position of real or perceived conflict of interest through any entertainment opportunities, gifts or by any other means. The Owner-Operator must provide an English/@ Language) interpreter, if the staff of the Owner-Operator who are providing information to the persons conducting an inspection are not fluent in English. Prior to the inspection under this paragraph, the Owner-Operator must provide the Province with, in English at a standard of translation acceptable to the Province: (a) (b) all written material that the Province considers necessary to properly inspect the School under this Agreement; a letter from the appropriate government office with paramount responsibility for education in the country, province, or city in which the School is located setting out written approval in principle for the Owner-Operator to apply to enter a Certified School Agreement; a letter from the appropriate city, state, provincial or national government having jurisdiction where the School is located that states that the governmental body is not aware of any record of violations by the Owner-Operator of its laws or directions; and a fully and accurately completed Annual Report under paragraph 13.05.

4.

5.

(c)

(d) 6.

The Owner-Operator will pay, in advance of the inspection, in Canadian dollars and within 30 days of receipt of a notice from the Province, the amount specified by the Province in the notice, for the estimated costs in relation to the inspection of the School. All accommodation arrangements for inspectors conducting inspections under this paragraph will be made by the Owner-Operator in advance of the travel dates. The Owner-Operator will provide the Province with proof of payment in advance for all accommodation and the Province will provide a copy of the proof of payment to the inspector. The notice referred to in paragraph 6 of this Schedule will reflect the costs

7.

8.

41

that the Province estimates it will incur in performing its functions and duties required under this Agreement for the inspection of the School to determine if the Owner-Operator is eligible to apply to enter a Certified School Agreement or renew this Agreement in accordance with paragraph 2.02, and will include the types of costs referred to in Schedule E to this Agreement, but is not restricted to those costs. 9. Where the actual inspection and related costs for a School Year incurred by the Province under this paragraph, are greater than the funds submitted under paragraph 6 of this Schedule for that School Year, the Owner-Operator will pay the Province, within 30 days of receipt of a notice from the Province all costs incurred by the Province during the School Year in conducting inspections of the School, and otherwise regulating the School, less the monies paid under paragraph 6 of this Schedule for that School Year. If the monies paid under paragraph 6 of this Schedule exceed the cost of the actual expenses incurred by the Province in the School Year, the Province will either refund the amount of the overpayment to the OwnerOperator, or reduce, by the amount of the overpayment, the amount of the funds to be submitted under paragraph 6 of this Schedule for the subsequent School Year, if this Agreement is renewed in accordance with paragraph 2.00 or the School achieves Certification and the OwnerOperator enters a Certified School Agreement with the Province. On request, the Owner-Operator will provide the inspection team with a secure location on the premises of the School that is private and quiet during the period that the Province is conducting an inspection under this Agreement. The Inspection Report prepared by the inspectors under this paragraph will be made public on the Provinces website.

10.

11.

12.

42

SCHEDULE E SCHEDULE OF ESTIMATED COSTS PROGRAM FEES Initial Application Fee Curriculum Usage Fee Program Administration Fee Student Registration Fee $5,000 non-refundable $10,000 per school/annum $5,000 per annum, nonrefundable. $350 per student/annum OTHER PROGRAM EXPENSES Travel, accommodation, per diem, and incidental costs of all Ministry participants if held at the school location. Payable at the time of application. Payable on August 1st of each year. Payable on August 1st of each year. Payable on January 15th of each year.

In-Person Application Review

or To determine whether a prospective All relevant travel and Owner/Operators application can accommodation expenses for the be approved. Owner/Operator (and accompanying officials) if held in British Columbia. Onsite Inspections To determine whether certification can be granted or renewed, annual inspections will be performed at the expense of the Owner/Operator. Exam Invigilation Includes professional services of the Inspection Chair and Inspection Team Members, as well as their travel, accommodation, per diem, and incidental costs. Includes professional services of the Invigilator(s), as well as his/her/their travel, accommodation, per diem, and incidental costs.

Payment required 15 days in advance of departure (if taking place onsite at the school location).

Payment required 30 days in advance of inspection teams departure.

In the first year that provincial examinations are offered, an onsite invigilator(s) will provide oversight to ensure that exam conditions meet Provincial standards at the expense of the Owner/Operator. Learning Audits Includes professional services of the Audit Chair and Audit Team If quality issues are of concern, the Members, as well as their travel, Ministry may require an onsite accommodation, per diem, and comprehensive Learning Audit at incidental costs. the expense of the Owner/Operator.

Payment required 30 days in advance of invigilators departure.

Payable 15 days in advance of the audit teams departure.

43

SCHEDULE "F" Current Requirements for Electronic Data Transfer with the British Columbia Ministry of Education for Transcripts and Examinations and Grade 10-12 Electronic Examinations TRANSCRIPTS AND EXAMS REQUIREMENTS: Transcript and Examination (TRAX) data must be submitted to the Ministry using computer software which is capable of extracting and sending the standard TRAX data files. The following software vendors have a TRAX data extract function currently being used by schools. There may be other software vendors with the capability of producing the standard TRAX files. Vendor Name Harts Systems Ltd Maplewood Computing Take Two Inc. Product Name(s) TESS and Windsor Maplewood CIMS Phone 1-888-734-1119 1-800-265-3482 1-800-665-0641

Contact the Student Certification Branch at the Ministry to obtain additional information and specific TRAX data specifications, if required. Student Certification Branch Ministry of Education PO Box 9170 Stn Prov Govt Victoria BC V8W 9H7 Telephone: (250) 893-6914 Email Address: Sandra.C.Smith@gov.bc.ca ELECTRONIC EXAMS REQUIREMENTS: Software, Browser and Computer requirements can be found at the Ministry of Education e-Exam website: https://www.bced.gov.bc.ca/eassessment/eexam_computer_requirements.h tm Internet Connection: Internet Service Provider (ISP) ADSL, cable or T1 (minimum requirement) 10-1000 MB Broadband (recommended)

44

Email: School Principal email account with attachment capability Ability to receive or send up to 5 MB file size attachments Non-Intel, MS Office file attachments sent to the Ministry must be PC compatible and saved as RTF (rich text format) if MS Office is not available. Printer (600 dpi or higher) Colour printer for Geography and Geology exams Photocopier

Peripherals:

45

SCHEDULE "G" APPROVED SERVICE PROVIDER for DISTRIBUTED LEARNING 1. The Approved Distributed Learning Service Provider for the purposes of paragraph 7 until June 30, 2015 is: a. School District No. 73 Business Company.

APPENDIX E
BC GLOBAL EDUCATION PROGRAM - OFFSHORE SCHOOLS AGREEMENT #2 CERTIFICATION AGREEMENT THIS AGREEMENT made the _______ day of _________________, 201__ BETWEEN: HER MAJESTY THE QUEEN IN RIGHT OF THE PROVINCE OF BRITISH COLUMBIA, represented by the Minister of Education and the Minister of Citizens Services and Open Government (the "Province") OF THE FIRST PART AND: [@NAME OF OWNER-OPERATOR], a [@registered Society or Corporation delete the description that does not apply for each entered Agreement], incorporated under the laws of ___________________________________________________________ @Certificate of Incorporation No. or @registration document No. ____, and having an office at @ADDRESS, @CITY, @PROVINCE / STATE, @COUNTRY, @POSTAL CODE (the Owner-Operator) OF THE SECOND PART WHEREAS: A. The Owner-Operator has met the Provinces requirements under the Initial Curriculum Delivery Agreement and is authorized by the Province to operate (@NAME OF SCHOOL) as a Certified School under the terms of this Agreement. The Province will conduct periodic inspections of the School to ensure that it continues to meet the requirements for Certification. If the Owner-Operator continues to meet the Provinces requirements for Certification, the Province may renew this Agreement and the OwnerOperator may continue to certify the School under the terms and conditions of this Agreement as amended from time to time.

B. C.

NOW THEREFORE, in consideration of these premises and other good and valuable consideration (the receipt and sufficiency of which is acknowledged by each of the parties), the parties agree as follows: 1.00 1.01 DEFINITIONS In this Agreement: Agreement Term means the period set out in paragraph 2.00 of this Agreement during which the Owner-Operator is authorized to operate the School under this Agreement; Annual Report means the report that must be submitted to the Ministry under paragraph 13.05, in accordance with Program Requirements, including the Inspection Catalogue and the report on the Business Plan submitted under paragraph 2 of Schedule A; "Approved Distributed Learning Service Provider" means an entity listed in Schedule "G" and approved in writing by the Province to deliver the BC Curriculum by Distributed Learning as part of educational program delivered at the School; "Authorized Person" means a person who holds: a British Columbia Certificate of Qualification; or until June 30th, 2013 a Letter of Permission and is employed by the Owner-Operator to teach, serve as an administrator or supervise at the School; "British Columbia Certificate of Graduation" (Dogwood Diploma) means the graduation certificate: in the form set out in section 2(1) and (2)(a) of Ministerial Order 164/96, the Student Credentials Order, enacted under the School Act; that the Province may issue under section 168(6)(a)(ii) of the School Act to a person who has successfully met the general requirements for graduation established by order of the British Columbia Minister of Education. "British Columbia Certificate of Qualification" means a certificate of qualification issued under s. 30 of the Teachers Act or continued under s. 91 of the Teachers Act, but, for clarity, does not include any other type of certificate; British Columbia Curriculum or BC Curriculum means the subject area

Curriculum Guide, Integrated Resource Package or Program Guide referred to in the Ministerial Order M333/99 and documents published by the British Columbia Ministry of Education and specified as Educational Program Guides and resources in the Ministerial Order 333/99, the Educational Program Guide Order enacted under the School Act; Business Plan means the plan that the Owner-Operator must, in accordance with the Program Requirements, have submitted under paragraph 2 of Schedule A as a pre-condition to entering this Agreement and must update annually under paragraph 13.05; (a) during the Agreement Term; (b) if this Agreement is renewed under paragraph 2.02; Certified School means a school, operating within the British Columbia Global Education Program Offshore Schools, that is authorized to offer the BC Curriculum in educational programs leading towards a British Columbia Certificate of Graduation under the authority of a Certified School Agreement with the Province; Certification means the authorization granted by the Province to operate a Certified School; "Commissioner" means the person appointed under s.2 of the Teachers Act; "Director, International Education" means the Director of the International Education Branch of the British Columbia Ministry of Education; Distributed Learning means a method of instruction that relies primarily on indirect communication between Students and teachers, including internet or other electronic-based delivery, and teleconferencing or correspondence; Educational Material means the British Columbia Curriculum, Provincial Examinations and the Website Materials; Educational Program Guide means an educational program guide set out in Ministerial Order 333/99, the Educational Program Guide Order, enacted under the School Act, with the exception of those set out under subsections 1 (f) and (g); "Event of Default" means any of the events described in paragraph 26.01; Graduation Program means the educational program in Grades 10, 11 and 12 offered at a School which has been granted Certification to offer

the BC Curriculum in a program that leads towards graduation with a British Columbia Certificate of Graduation; "Independent School Act" means the Independent School Act, R.S.B.C. 1996, c. 216; Initial Curriculum Delivery Agreement means the Agreement under the British Columbia Global Education Program Offshore Schools under which the Owner-Operator must have successfully operated the School for at least one School Year as a pre-requisite to entering this Agreement; "Inspection Catalogue" means the inspection documents prepared in accordance with the Program Requirements which the Owner-Operator must complete in support of the Provinces inspection process; Inspection Report means the final report in English prepared by the inspection team retained by the Province to conduct the Provinces inspection process; Learning Audit means a comprehensive review, conducted at the Provinces sole discretion, by a team of educators appointed by the Province, of the quality of educational programming delivered at the School; "Letter of Permission" means a letter of permission issued under s. 35 of the Teachers Act; Offshore Offshore Program Consultant means the person who has been selected by the Owner-Operator from the Provinces pre-approved list of candidates and retained by the Owner-Operator under paragraph 14.01; Owner-Operator means a non-governmental legal entity incorporated in the jurisdiction in which the School will operate that is a party to this Agreement. For clarity, the Owner-Operator must not be a government organization, a School District Business Company, or a foreign affiliate of a School District Business Company or a foreign affiliate of an Independent School Authority under the Independent School Act; "Personal Education Number" means a unique identification number assigned to a person under the School Act; "Principal" means the School administrator employed by the OwnerOperator who meets all of the requirements set out in paragraph 1 of Part III of Schedule B and is responsible for all of the duties set out in paragraph 6 of Part III of Schedule B.

Probationary Status means the status imposed by the Province pursuant to paragraph 25.04 under which the Owner-Operator must demonstrate that it is operating the School in compliance with the terms of this Agreement in a time period specified by the Province; Program Requirements means the requirement that the Province establishes, and as modified from time to time by the Province in its sole discretion, with respect to the British Columbia Global Education Program Offshore Schools, as modified from time to time, and that are posted on the Ministry of Education website at the following URL: http://www.bced.gov.bc.ca/offshore_schools/; Provincial Examinations means the British Columbia examinations for the parts of the BC Curriculum that are provincially examinable as determined in Ministerial Orders M302/04, the Graduation Program Order and M410/04, the Provincial Examinations Order enacted under the School Act.. References in such Ministerial Orders to international students apply to Students under this Agreement; "School" means the educational institution called (@NAME OF SCHOOL): (a) located in (@CITY), in (@COUNTRY), (b) in which the Owner-Operator provides educational programs under this Agreement under the supervision of a Offshore Offshore Program Consultant and Principal, or a Principal only, retained or employed, as the case may be, by the Owner-Operator, and (c) includes the Students, teachers and facilities associated with the provision of the educational programs under this Agreement; School Age has the same meaning as in the School Act; "School Act" means the School Act, R.S.B.C. 1996, c. 412; School District Business Company means a School District Business Company incorporated pursuant to Part 6.1 of the School Act; "School Year" means the period beginning on July 1 in each year and ending on June 30 in the following year; "Student" means a person of School Age enrolled in the School; "Student Record" means the records of information in written or electronic form pertaining to each Student maintained by the Owner-Operator in conformity with the requirements set out in paragraph 13.02;

Student Report means the report that must be prepared and maintained under paragraph 12.01 and delivered to Students or Students parents under paragraph 12.02; "Teachers Act" means the Teachers Act, [SBC 2011] c. 19; "Teacher Regulation Branch" means the British Columbia Teacher Regulation Branch of the British Columbia Ministry of Education; Vice-Principal means the Authorized Person retained under paragraph 15.02; and Website Materials means the documents identified as Curriculum Documents and Support Materials and accessible at http://www.bced.gov.bc.ca/irp/welcome.php, or such other internet address as the Province may advise the Owner-Operator in writing. 2.00 2.01 AGREEMENT TERM Subject to paragraph 2.02, the Agreement Term commences on the first day of the School Year in the year in which the Agreement is executed and ends on the last day of that School Year. The Agreement Term may be renewed at the Provinces sole discretion if the Province is satisfied that the Owner-Operator continues to meet all of the Provinces requirements for Certification. PROVINCIAL COMMITMENTS The Province grants Certification for the School, including authority for the Owner-Operator to use the Educational Materials in accordance with the terms of this Agreement, including without limitation those terms set out in paragraph 11.00, for the purposes of operating the School. The Province will permit the Owner-Operator to refer to the BC Curriculum and the Agreement as specifically set out in paragraphs 7.02 and 7.03 to indicate that the School is offering a program under this Agreement with the Province. The Province will, at a time that the Province considers appropriate, provide the Owner-Operator with: (a) the number of copies, specified by the Owner-Operator, of all relevant Provincial Examinations, at a time that permits all Students enrolled in the School taking the course, to write the Provincial Examination associated with that course;

2.02

3.00 3.01

3.02

3.03

(b) will evaluate the completed Provincial Examinations; and (c) a transcript of the final grades for the parts of the BC Curriculum numbered 10, 11 and 12 for each Student, in accordance with the Program Requirements. 3.04 The Province may provide British Columbia Certificates of Graduation under paragraph 168(6)(a)(ii) of the School Act to eligible Students who have met the Program Requirements and the British Columbia graduation requirements at the School as set out in Ministerial Order 302/04, the Graduation Program Order, enacted under the School Act and as determined by Province. The Province will inspect the School in accordance with the terms of this Agreement and will provide the Owner-Operator with a copy of each Inspection Report prepared in relation to the School as soon as reasonably possible after the Provinces inspection process under paragraph 21.00 or 22.00 has been completed. The Inspection Report referred to in paragraph 3.05 will provide the Province with information to support the Provinces decision making with respect to the Owner-Operators eligibility to continue Certification of the School. QUALIFICATION CRITERIA FOR OWNER-OPERTORS The Owner-Operator represents and warrants for the purposes of paragraph 26.01(c) that the qualification requirements set out in Schedule A have been met. The Owner-Operator must provide the Province annually with: (a) written confirmation from the appropriate government entity with paramount responsibility for education in the jurisdiction in which the School is located that the Owner-Operator has obtained: (i) written approval; or (ii) a letter of no objection; to obtain Certification for the School and operate the School under this Certified School Agreement. 4.03 The Province may at its sole discretion contact the government office identified in paragraph 4.02(a) to confirm that the information provided by the Owner-Operator is accurate and true. RELATIONSHIP

3.05

3.06

4.00 4.01

4.02

5.00

5.01

No partnership, joint venture, agency or other legal entity will be created by or will be deemed to be created by this Agreement or any actions of the parties pursuant to this Agreement. The Owner-Operator is not a servant, employee or agent of the Province. The Owner-Operator must not in any manner whatsoever commit or purport to commit the Province or any of its officials or contractors to any course of action, obligation or otherwise. OWNER OPERATORS REPRESENTATIONS, WARRANTIES AND OBLIGATIONS The Owner-Operator represents and warrants to the Province, with the intention that the Province will rely thereon in entering into this Agreement and throughout the Agreement Term, that: (a) there is no law or decision of a governmental entity, which would prohibit the Owner-Operator from entering into this Agreement with the Province; (b) this Agreement has been legally and validly authorized and executed by the Owner-Operator and is legally binding upon and enforceable against the Owner-Operator in accordance with its terms; and (c) the Owner-Operator: (i) will directly operate the School and is solely responsible for its operation; (ii) has the power and capacity to accept and execute this Agreement; (iii) has the power and capacity to perform its obligations under this Agreement and this Agreement is binding upon and enforceable against the Owner-Operator in accordance with its terms; (iv) does not know of any fact that adversely affects, or might adversely affect, in a material way, the Owner-Operator's properties, assets, condition (financial or otherwise), business or operations or its ability to fulfill its obligations under this Agreement; (v) has all the rights necessary to operate the School and use the facilities for the purposes of the School; and (vi) will operate the School in accordance with the laws of (@COUNTRY).

5.02 5.03

6.00 6.01

6.02

All statements contained in any certificate, application or other document delivered before or during the continuation of this Agreement, by or on

behalf of the Owner-Operator to the Province under this Agreement or in connection with the School and the provision of an educational program under this Agreement will be deemed to be representations and warranties by the Owner-Operator under this Agreement. 6.03 All representations, warranties, covenants and agreements made herein and all certificates, applications or other documents delivered by or on behalf of the Owner-Operator are material and will conclusively be deemed to have been relied upon by the Province and will continue in full force and effect during the continuation of this Agreement. The Owner-Operator must, if requested by the Province, provide evidence satisfactory to the Province that the representations and warranties are true and correct and that the Owner-Operators obligations under this Agreement have been met. INFORMATION AND PUBLIC ANNOUNCEMENTS The Owner-Operator must ensure that: (a) all communications, including publications and promotional materials, accurately set out the amount of fees and other monies payable under this Agreement to the Province; and (b) the Schools educational program, fees, accommodation and policies pertaining to the refund of fees or other costs are consistent with any promotional material or other informational material published or supplied by the Owner-Operator, including information on the Owner-Operators websites and on sites that link with other programs and/or organizations. 7.02 The Owner-Operator may state in its publications that: (a) the School has been granted Certification status under the British Columbia Global Education Program Offshore Schools; (b) the Owner-Operator has entered a Certified School Agreement with the Province under the BC Global Education Program Offshore Schools; (c) it is operating a BC Certified School; and/or (d) it has authority to offer educational programs at the School leading to British Columbia Certificates of Graduation. but must not use any other phrase to denote accreditation or Certification by the Province. 8.00 CONDITIONS TO OPERATE THE SCHOOL

6.04

7.00 7.01

10

8.01

The Owner-Operator is solely responsible for the School and for operating the School in compliance with all requirements under this Agreement, including without limitation, the requirements under Schedule B. The Owner-Operator must monitor and at all times remain in full compliance with the most current version of the Program Requirements. The Owner-Operator may only operate the School during the Agreement Term. The School approved under this Agreement is for the specific location identified in this Agreement and is not transferrable to a new location without prior written approval from the Province. The Owner-Operator must: (a) establish and maintain relationships with a BC K-12 public or certified independent school that will facilitate a twin-school arrangement between the School and a BC K-12 public or certified independent school in accordance with the Program Requirements as a part of the British Columbia Global Education Program Offshore Schools; and (b) ensure that students successfully complete one-semester of studies within a BC K-12 public or certified independent school in accordance with the Program Requirements.

8.02 8.03 8.04

8.05

8.06

The Owner-Operator must throughout the Agreement Term: (a) comply with any direction or request made by the Province related to the operation or administration of the School or relating to this Agreement as soon as practically possible; and (b) comply with all applicable laws, bylaws, orders, directions, rules and regulations of any city, state, provincial and national government body in (@COUNTRY) or branch or agency thereof directly or indirectly applicable to the Owner-Operator, the School or this Agreement.

8.07

All Student admissions decisions must be made in accordance with the Program Requirements, including without limitation that the OwnerOperator: (a) must not admit students to the School who do not demonstrate English language proficiency in accordance with the Program Requirements; and (b) must ensure that each Student has completed an English language assessment in accordance with the Program Requirements that is:

11

i. is administered within the last calendar year; ii. is administered directly by the Principal or directly by an Authorized Person under the supervision of the Principal; and iii. includes written verification by the Principal of Students results. 8.08 The Owner-Operator must be able to demonstrate, to the satisfaction of the Province, that each enrolled Students level of English language proficiency is adequate to enable the prospective Student to meet or exceed the learning outcomes identified in Educational Program Guides if the Student is admitted to the School. The Owner-Operator must provide, as part of its educational program, support to improve Students achievement in English language proficiency during the Agreement Term as identified in the Program Requirements. The Owner-Operator must ensure that it establishes and implements effective policies to ensure that school grades accurately reflect each Students achievement in the BC Curriculum and that no significant discrepancies between school grades and Provincial Examination results occur. The Owner-Operator must ensure that it establishes and implements effective policies and procedures, in accordance with the Program Requirements, including without limitation, policies and procedures pertaining to student assessment, student admissions, student discipline, student supervision and parental appeals. The Owner-Operator must, on the commencement of the Agreement Term, establish and implement policies and procedures, in accordance with the Program Requirements: (a) for evaluation of Authorized Persons; (b) professional development of Authorized Persons; and (c) for resolution of disputes between Authorized Persons and between the Owner-Operator and Authorized Persons. 8.13 The Owner-Operator must provide assistance in respect of applications for Canadian study permits for Students who receive British Columbia Graduation Certificates from the School and keep accurate records of Students post-secondary careers in accordance with the Program Requirements. ASSIGNMENT AND SUB-CONTRACTING The Owner-Operator must not:

8.09

8.10

8.11

8.12

9.00 9.01

12

(a) assign, either directly or indirectly, this Agreement or any right of the Owner-Operator under this Agreement; or (b) subcontract any of the Owner-Operators obligations under this Agreement to any person except as authorized under paragraph 14.00 and under paragraph 18.00. 9.02 The subcontracting authorized under paragraph 9.01(b) does not relieve the Owner-Operator from any obligations under this Agreement. The Owner-Operator must ensure that: (a) any person retained by the Owner-Operator to perform obligations under this Agreement; and (b) any person retained by a person described in paragraph 9.01(b) to perform those obligations; fully complies with this Agreement in performing the subcontracted obligations. 10.00 DELIVERY OF THE BC CURRICULUM 10.01 The Owner-Operator must not offer the Educational Materials, including without limitation, the BC Curriculum other than as authorized under the terms of this Agreement. The Owner-Operator must only employ Authorized Persons to: (a) plan, evaluate and provide instruction to Students; and (b) provide all Student progress reports under paragraph 12.02 to Students, parents or legal guardians of Students; unless otherwise approved in writing by the Province. 10.03 The Owner-Operator must operate the School and deliver the BC Curriculum in accordance with the requirements set out in Part 1 of Schedule B.

10.02

11.00 LICENSE OF BRITISH COLUMBIA CURRICULUM 11.01 The Owner-Operator acknowledges and agrees that: (a) the Province is the owner of, or is licensed or otherwise authorized to take advantage of, all proprietary rights in and to the Educational Material, including without limitation copyright and other intellectual property rights; and (b) any proprietary rights not specifically granted by the Province in this Agreement remain with the Province or its licensors, as applicable, including without limitation copyright and trademark protection.

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11.02

The Province grants to the Owner-Operator, for the term of this Agreement, a non-exclusive, non-assignable license to: (a) use the Educational Material; (b) subject to paragraph 11.03, (i) reproduce the Educational Material in electronic or paper format; and (ii) distribute the Educational Material to its Students, for the sole purposes of the operation of the School and the delivery of the BC Curriculum by the Owner-Operators.

11.03

The Owner-Operator acknowledges and agrees that it may reproduce and distribute the Educational Material only in such quantities as are necessary for the purposes set out in paragraph 11.02. Following the execution and delivery of this Agreement: (a) the Province will provide the Owner-Operator with a copy of the Educational Material, excluding the Website Materials, in paper or electronic form; and (b) subject to the provisions of this Agreement, the Owner-Operator may download the Website Materials.

11.04

11.05

The Owner-Operator acknowledges that some components of the Educational Material include a statement that the Province is the copyright owner of such Educational Materials, and the Owner-Operator agrees: (a) (b) not to change or delete any such statement; and where no such statement exists, to include on all copies of the Educational Material the following attribution notice: 2012 Province of British Columbia.

11.06 11.07

The Owner-Operator will be solely responsible for all costs of using, reproducing and distributing the Educational Material. The Owner-Operator acknowledges that: (a) it may require educational resources in addition to the Educational Material for the delivery of the BC Curriculum; and (b) it is solely responsible for obtaining all such additional educational resources, in a manner that complies with all applicable laws, including without limitation copyright law.

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11.08

Immediately upon the expiry or sooner termination of this Agreement, the Owner-Operator will: (a) cease using, reproducing and distributing the Educational Material; (b) delete all electronic copies of the Educational Material from its operating environment; and (c) destroy all hard copies of the Educational Material in its possession or control.

12.00 STUDENT PROGRESS REPORTS 12.01 The Owner-Operator must establish and maintain, to the satisfaction of the Province, an assessment and evaluation program in accordance with the Program Requirements that: (a) demonstrates Student progress in achieving intellectual, human, social and career development in accordance with the Program Requirements and the requirements set out in sections 1 to 9 of the Ministerial Order 191/94, the Student Progress Report Order enacted under the School Act, with the exception of the definition of curriculum in s. 1 of that Order; (b) is in compliance with paragraph 8.10; and (c) accurately demonstrates Student progress in the BC Curriculum; and (d) includes the Provincial Examination results, where applicable. 12.02 The Owner-Operator must provide a Student Report to the Student and the Students parent or guardian, in accordance with paragraph 12.01, that reflects all of the BC Curriculum in which the Student is enrolled in a School Year, including indicating which parts of the BC Curriculum has been or are scheduled to be taken through Distributed Learning.

13.00 SCHOOL RECORDS AND REPORTS 13.01 The Owner-Operator must establish and maintain, in English, accurate and current records, in accordance with this paragraph, the requirements set out in Part IV of Schedule B and the Program Requirements including without limitation: (a) the Annual Report(s); (b) Student Records; (c) records with respect to each Authorized Person employed in the School, including without limitation police records checks from all jurisdictions in which the Authorized Person has previously resided,

15

and with respect to all professional development activities of the Authorized Person; and (d) records with respect to the operation of the School; and must permit the Province, or a person designated by the Province, at any time or times during normal School hours, to copy and inspect any and all records. 13.02 The Owner-Operator must maintain a Student Record for each Student enrolled in the School, in both English and the language of the jurisdiction in which the School is situated, in accordance with the Program Requirements, including but not limited to: (a) the Students Personal Education Number; (b) results of the English language assessment, including written verification by the Principal of Students results, required under paragraph 8.07 and 8.08 and any supplementary English language supports provided; (c) records related to the BC Curriculum delivered by Distributed Learning taken or scheduled for each Student; (d) signed consent forms required under paragraph 13.06; (e) the Permanent Student Record as established under Ministerial Order 082/09, the Permanent Student Record Order enacted under the School Act, including without limitation all documents referenced in section 2(a)(ii) of that Order; (f) demonstrate compliance with paragraph 8.10; and (g) any other records relating to the Student in the custody and control of the Owner-Operator. 13.03 Subject to the laws of (@COUNTRY), the Owner-Operator must, at the time the Province requires, deliver to the Province, or a person designated by the Province, such written reports, statements, information and data in English and in the form and with the content satisfactory to and prepared by a person acceptable to the Province. Where the Province requests that a person with specified credentials prepare a report, the Owner-Operator must ensure that this direction is complied with and the report is prepared in English and in accordance with the Provinces directions. The Owner-Operator must, on or before September 30 of the School Year, submit its Annual Report to the Province including, without limitation: (a) the completed Inspection Catalogue; and (b) a report on its Business Plan submitted under paragraph

13.04

13.05

16

paragraph 2 of Schedule A. 13.06 The Owner-Operator acknowledges that the Province is required to comply with the Freedom of Information and Protection of Privacy Act, R.S.B.C. 1996, c. 186, and that this Agreement may require the collection, use and disclosure of relevant personal information about Students enrolled in the School and Authorized Persons employed in the School. The Owner-Operator is responsible for obtaining written consents in the form required by the Province of each: (a) Authorized Person; (b) Student in grades 10 to 12; and (c) parent or legal guardian of Students in Kindergarten and grades 1 to 9. for the disclosure of personal information to the Province as required under this Agreement and for storing and accessing this information outside of Canada. The Owner-Operator must keep the written consent in each Students Student Record and each Authorized Persons file. 14.00 OFFSHORE PROGRAM CONSULTANT AND LIAISON 14.01 Subject to the Provinces direction that the Owner-Operator must, the Owner-Operator may, during the Agreement Term retain, in accordance with the requirements set out in Part II of Schedule B, an Offshore Program Consultant selected from the Provinces list of pre-approved candidates. The Owner-Operator must ensure that the private affairs and financial interests of the individual selected to fulfill the duties under paragraph 10 and 11 of Part II of Schedule B do not give rise, either directly or indirectly, to any pecuniary or non-pecuniary conflict of interest or the perception of a conflict of interest, in relation to the performance of the duties under this Agreement. PRINCIPAL The Owner-Operator must employ a Principal for the School during the Agreement Term in accordance with the requirements set out in Part III of Schedule B. The Owner-Operator may employ a Vice Principal to support and assist the Principal, under the direction of the Principal, in fulfilling the duties under paragraph 6(b) of Part III of Schedule B. A Vice Principal cannot assume the functions of the Offshore Program Consultant.

14.02

15.00 15.01

15.02

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15.03

Where a Vice Principal has been employed under paragraph 15.02, the Principal remains responsible for administration and supervising the School and exercises paramount authority within the School with respect to the duties set out under paragraph 6 of Part III of Schedule B.

16.00 TEACHERS 16.01 The Owner-Operator must ensure that Authorized Persons, and only Authorized Persons, are employed to teach at the School in accordance with the requirements set out in Schedule C.

17.00 REPORT OF DISMISSAL, SUSPENSION OR DISCIPLINE REGARDING TEACHER 17.01 The Owner-Operator agrees that the Province may: (a) maintain the complete list of all the Authorized Persons employed by the Owner-Operator during the previous 12 month period, submitted as part of the reporting requirement under paragraph 13.05, for at least 10 years; and (b) establish a list that identifies the Owner-Operator as an employer of the employees. 17.02 The Owner-Operator must: (a) obtain written consent required under paragraph 13.06 in the form required by the Province from each Authorized Person; and (b) ensure that the consent form is included in the file for the Authorized Person and is available for inspection by the Province. 17.03 If an Authorized Person revokes or otherwise withdraws their consent under paragraphs 13.06, the Owner-Operator must immediately: (a) suspend the employment of that Authorized Person in the School; and (b) advise the Director of International Education and the Commissioner of the revocation or withdrawal of the Authorized Persons consent. 17.04 If the Owner-Operator or the Principal: (a) suspends or dismisses an Authorized Person, including the Principal, for misconduct that involves: (i) physical harm to a student or minor; (ii) sexual abuse or sexual exploitation of a student or minor; or

18

(iii) significant emotional harm to a student or minor, it must, without delay, send a report regarding the dismissal suspension or disciplinary action; (A) to the Director of International Education and the Commissioner; (B) to the Authorized Person; and (C) the report must be in writing, signed by the Principal and include reasons for the action taken by the Principal or Owner-Operator. 17.05 If the Owner-Operator or the Principal considers any conduct by or competence of an Authorized Person, including the Principal, to be in breach of the standards of professional conduct or competence established by the BC Teachers Council under section 9 of the Teachers Act, the Owner-Operator or the Principal must send, to the Director of International Education and the Commissioner, a report in writing regarding that conduct or competence and must send a copy of the report to the Authorized Person. An Owner-Operator or Principal who has made a report to the Director of International Education and the Commissioner in respect of an Authorized Person under this paragraph must, without delay after being requested to do so by the Director of International Education or the Commissioner, provide the Director of International Education and the Commissioner and the Authorized Person a copy of all of the records available to the OwnerOperator or the Principal that relate to the matter in respect of which the report was made. If an Authorized Person, including the Principal, resigns from the employment with the Owner-Operator under circumstances that suggest misconduct or incompetence under the Teachers Act, the Owner-Operator must, without delay: (a) report the circumstances of the resignation to the Commissioner; (b) send a copy of the report to the Authorized Person; and (c) send a copy of the report to the Director of International Education. 18.00 SERVICE PROVIDER for DISTRIBUTED LEARNING 18.01 Subject to the written approval of the Province, the Owner-Operator may contract with an Approved Distributed Learning Service Provider listed in Schedule "G" for the delivery of the BC Curriculum for which there is no Provincial Examination as a part of the Students educational program at the School, provided that the terms and conditions in the OwnerOperators contract with the Approved Distributed Learning Service

17.06

17.07

19

Provider: (a) are consistent with and in compliance with this Agreement; (b) meet or exceed all the requirements of the Distributed Learning standards as referred to in paragraph 18.02. 18.02 The Owner-Operator acknowledges and agrees that the Province requires the Approved Distributed Learning Service Provider to meet or exceed the Distributed Learning standards established by the Province and as amended from time to time and found at: http://www.bced.gov.bc.ca/dist_learning/documents/dlstandards.pdf The Owner-Operator agrees that it is bound by such Distributed Learning standards, as amended from time to time. 18.03 If the Owner-Operator becomes aware of any breaches of the Distributed Learning standards with respect to the delivery of the BC Curriculum by way of Distributed Learning that are part of its educational program at the School, it must immediately take steps to rectify the breach and must immediately notify the Province of the breach and the steps being taken to rectify. If the Owner-Operator is not able to rectify any breaches of the Distributed Learning standards to the satisfaction of the Province, the Province may at its sole discretion revoke authorization to deliver any of the BC Curriculum at the School through Distributed Learning. FACILITIES, GROUNDS AND EQUIPMENT The Owner-Operator is responsible for: (a) (b) ensuring that local health and safety standards in respect of the operation of the School are met; ensuring that the facilities, grounds and equipment used in conjunction with the operation of the School meet local building code and health and safety standards; and any damages or compensation arising as a result of any liability related to facilities, grounds, equipment or operation of the School.

18.04

19.00 19.01

(c)

The Owner-Operator acknowledges and agrees that the Province does not assume responsibility for these matters.

19.02

The facilities, grounds and equipment used in the operation of the School must, in the opinion of the Province, be adequate for the operation of a

20

School under the BC Global Education Program Offshore Schools. 20.00 FEES 20.01 The Owner-Operator must pay all fees outlined in Schedule E.

21.00 ANNUAL INSPECTION FOR MAINTENANCE OF CERTIFICATION AND PAYMENT FOR INSPECTION 21.01 This Agreement is terminated, Certification of the School lapses and Owner-Operators authorization to operate the School ceases, at the end of the Agreement Term unless: (a) the Province has conducted an inspection of the School in accordance with paragraphs paragraphs 1 to 12 of Schedule D during the Agreement Term; (b) the Inspection Report provided to the Province in respect of the inspection referred to in subparagraph (a) recommends continuation of this Agreement, with or without conditions; (c) the Owner-Operator, in the opinion of the Province continues to comply with the terms and conditions of this Agreement and continues to meet or exceed the requirements in this Agreement; and (d) the Province determines at its sole discretion that the Agreement Term should be renewed in accordance with paragraph 2.00, with or without conditions. 22.00 ADDITIONAL INSPECTION PROCESSES 22.01 In addition to the annual inspection under paragraph 21.00, the Province may conduct additional inspections, with or without notice, during the Agreement Term. Costs for inspections under paragraph 22.01 are included in the fees specified under Schedule E and will not be conducted at an additional cost to the Owner-Operator. The Province may perform a Learning Audit at any time during the Agreement Term if it has concerns about the quality of educational programming and/or Student achievement. The Owner/Operator is responsible for the additional costs for Learning Audits under paragraph 22.03, as outlined in the fees specified under Schedule E.

22.02

22.03

22.04

21

22.05

The Province may appoint a chief inspector to plan, supervise and administer inspections under paragraphs 21.00 and 22.00 at its sole discretion.

23.00 RENEWING A CERTIFIED SCHOOL AGREEMENT 23.01 The Province at its sole discretion will determine whether the OwnerOperator may renew this Agreement under paragraph 2.00, after: (a) determining if the Owner-Operator is in compliance with the terms and conditions of this Agreement; (b) conducting an inspection of the School under paragraph 21.00 to assess whether, in the Provinces opinion, the Owner-Operator is eligible to apply to renew the Certified School Agreement, with or without conditions; and (c) assessing any other matters that the Province considers relevant to that determination. 23.02 If the Province has notified the Owner-Operator that the School will not be Certified, that this Agreement will not be renewed under paragraph 2.02, or that the Agreement will be terminated under paragraph 26.00, the Owner-Operator must: (a) update the Schools web-site; and (b) notify, in writing, all Students or applicants for enrollment in the School and their parents or legal guardians that the School will not continue to operate under the BC Global Education Program Offshore Schools and will not be eligible to continue to deliver the BC Curriculum or offer a BC Graduation Program. 24.00 INDEMNITY 24.01 The Owner-Operator will indemnify and save harmless and forever releases and discharges the Province, its employees and agents, from and against any and all losses, claims, damages, actions, causes of action, costs and expenses that any of them may sustain, incur, suffer or put to at any time either before or after the expiration or termination of this Agreement, where the same or any of them are based upon, arise out of or occur, directly or indirectly, by reason of any act or omission of the Owner-Operator, or of any agent, employee, officer, director or subcontractor of the Owner-Operator pursuant to this Agreement or in connection with the School. COMPLAINTS AND COMPLIANCE PROCESS Where the Province receives a complaint from any person about the

25.00 25.01

22

School, the Province will: (a) make a preliminary investigation of the complaint; (b) advise the Owner-Operator as to the substance of the complaint if, after preliminary investigation, the Province deems the complaint to be valid in relation to this Agreement; (c) investigate the complaint if the Province deems the complaint to be valid in relation to this Agreement; (d) advise the Owner-Operator of any remedial action that is required in order to bring the School or Owner-Operator into compliance with this Agreement; and (e) make an order setting out the remedial action that the OwnerOperator must implement to address the complaint. 25.02 The Owner-Operator must comply with any reasonable order from the Province with respect to bringing the School into compliance with this Agreement. The Province may require the Owner-Operator to submit a plan outlining how it will bring itself into compliance with the Agreement by a date specified by the Province. The Province may, at any time, place the School on Probationary Status if the Province considers the Owner-Operator is out of compliance with any provision of this Agreement. If the School is placed on Probationary Status, the Province will publish this status on the Ministry of Education web-site. If the School is placed on Probationary Status, the Owner-Operator must immediately inform all Students and Students parents of this status and update the Schools website to clearly indicate that the School is on Probationary Status. Where the Province receives and validates a complaint about a School, the Province may discuss the complaint and share information with education authorities in other Canadian jurisdictions.

25.03

25.04

25.05 25.06

25.07

26.00 DEFAULT AND TERMINATION 26.01 The following events will result in the Owner-Operator no longer being in good standing with the Ministry, and, as a result, will constitute an Event of Default: (a) the Owner-Operator fails to comply with any provision of this Agreement, and specifically fails to pay fees required under this

23

Agreement, or a request or direction of the Province made under this Agreement; (b) the Owner-Operator fails to implement to the Provinces satisfaction requirements imposed under paragraphs 25.01(f) and 25.02; (c) any representation or warranty made by the Owner-Operator in this Agreement, or otherwise made, to the Province before or during the Agreement Term which is untrue or incorrect; (d) the Owner-Operator fails to correct any deficiency noted in an Inspection Report created under paragraphs 21.00 or 22.00 within the time specified by the Province and if no time was specified, within a reasonable time; (e) any information, oral or written statement, certificate, report or other document furnished or submitted by or on behalf of the Owner-Operator pursuant to or as a result of this Agreement which is untrue or incorrect; (f) the Owner-Operator ceases, in the opinion of the Province, to operate; (g) a change occurs with respect to one or more of the following, including some or all, of the properties, assets, condition (financial or otherwise), business or operations of the Owner-Operator which, in the opinion of the Province, materially adversely affects the ability of the Owner-Operator to fulfill its obligations under this Agreement; or (h) the Owner-Operator does not, in the opinion of the Province, continue to provide a School in a manner that meets the Provinces requirements. 26.02 Upon the occurrence of any Event of Default and at any time thereafter the Province may, notwithstanding any other provision of this Agreement, at its sole discretion, exercisable by written notice to the Owner-Operator, (a) require that the Event of Default be remedied within a time period specified by the Province; (b) terminate this Agreement and cancel the authorization of the Owner-Operator to use the BC Curriculum for purposes of operating the School, where the termination of the Agreement and the cancellation of the authorization are effective on the dates stated in the notice; or (c) pursue any remedy or take any other action available to it at law or in equity.

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26.03

All rights, powers and remedies conferred on the Province under this Agreement or under any statute or law are not intended to be exclusive and each shall be cumulative in addition to and not in substitution for every other right, power and remedy existing or available to the Province under this Agreement or any other Agreement at law or in equity. The exercise by the Province of any right, power or remedy will not preclude the simultaneous or later exercise by the Province of any other right, power or remedy. This Agreement may be terminated where there is no Event of Default, by either party if during that School Year, the Owner-Operator or the Province receives a written request to terminate from the other party. Termination under this paragraph will become effective at the end of the School Year during which notice is given, unless another date is agreed to by the parties in writing. Where this Agreement is terminated, or notice of termination is received or deemed to be received by the Owner-Operator, the Owner-Operator will cease advertising in any way that suggests that the Owner-Operator or the School is certified by the Province or that it eligible to deliver the BC Curriculum or offer a BC Graduation Program.

26.04

26.05

26.06

27.00 LIQUIDATED DAMAGES 27.01 Where this Agreement is terminated under paragraph 26.02 prior to the end of the Term, the Owner-Operator shall pay, in a single payment, as liquidated damages and not as a penalty, the early termination charge of $10,000. The Parties acknowledge and agree that all liquidated damages set out in this Agreement have been calculated as, and are, a genuine pre-estimate of the loss likely to be suffered by the Province and are not penalties.

27.02

28.00 DISPUTE RESOLUTION 28.01 This Agreement will be governed by and construed in accordance with the laws of the Province of British Columbia. Any matter regarding the interpretation and application of this Agreement, and all disputes arising under or in connection with this Agreement, that cannot be resolved between the parties, will be within the exclusive jurisdiction of the courts of British Columbia.

29.00 NOTICES

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29.01

Any notice or other document that either party may be required or may desire to give to the other will be conclusively deemed validly given to and received by the addressee, if delivered personally then on the date of delivery, if mailed then on the fourteenth business day after mailing the same by prepaid post, if by facsimile transmission then when so transmitted or if by electronic mail then when capable of being retrieved by the addressee, at the addresses: if to the Province: Ministry of Education Director, International Education PO Box 9153 STN PROV GOVT Victoria, BC V8W 9H1 Facsimile number: (250) (@NUMBER) E-mail Address: (@INSERT ADDRESS) Attention: International Education Branch And if the Teacher Regulation Branch: in accordance with the procedures set out at: http://www.bcteacherregulation.ca/documents/FormsandPublications/Prof Conduct/mc_brochure.pdf. . And if to the Owner-Operator: (@ NAME OF OWNER-OPERATOR AND FULL ADDRESS with fax number and e-mail address) Attention: (@NAME AND TITLE)

29.02

Either party may, from time to time, advise the other party in writing of any change of address or contact person of the party giving such notice, and the information specified will, for the purposes of paragraph 29.01, be conclusively deemed to be the address and contact person of the party giving such notice.

30.00 NON-WAIVER 30.01 No term or condition of this Agreement and no breach by the OwnerOperator of any such term or condition will be deemed to have been waived unless such waiver is in writing signed by the Province.

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30.02

The written waiver by the Province of any term or breach by the OwnerOperator of any term or condition of this Agreement is not a waiver of any other term or breach.

31.00 ENTIRE AGREEMENT 31.01 This Agreement, the Schedules to this Agreement, and any requirements, including without limitation Orders or Program Requirements, incorporated by reference into this Agreement constitute the entire Agreement between the parties with respect to the subject matter of this Agreement.

32.00 FURTHER ACTS AND ASSURANCES 32.01 Each of the parties will, upon the reasonable request of the other, make, do, execute or cause to be made, done or executed all further and other lawful acts, deeds, things, devices, documents, instruments and assurances whatsoever for the better performance of the terms and conditions of this Agreement.

33.00 TIME OF ESSENCE 33.01 Time is of the essence in this Agreement.

34.00 SURVIVAL OF PROVISIONS 34.01 All of the provisions of this Agreement in favour of the Province and all of the rights and remedies of the Province, either at law or in equity, will survive any termination of this Agreement. For greater clarity, but without limiting the foregoing, paragraphs 5.00, 6.00, 11.01, 11.08,13.06, 19.01, 24.01 paragraphs 3 and 4, Part IV of Schedule B continue in force indefinitely, even after this Agreement ends.

35.00 INSTRUCTIONS AND MODIFICATION OF TERMS AND CONDITIONS 35.01 The Province may, from time to time, give instructions to the OwnerOperator respecting matters relating to this Agreement, including the conduct of examinations and tests, including Provincial Examinations, and the Owner-Operator will comply with those instructions within a reasonable time or a time set by the Province. The Province may modify the Agreement where it considers it necessary to more effectively carry out the purpose and intent of this Agreement, such as, maintaining consistency with current standard terms and conditions in similar offshore educational program agreements, as such terms and conditions may be revised from time to time by the Province.

35.02

27

35.03

The Province may add to, remove or modify any of the terms and conditions of this Agreement in accordance with paragraph 35.02 by giving written notice of the changed terms and conditions to the OwnerOperator in accordance with the written notice provisions in paragraph 29.01. Upon the receipt of such notice in accordance with paragraph 29.01, the Owner-Operator will be deemed to have accepted the changed terms and conditions and further such changes will be deemed to have been incorporated into this Agreement.

36.00 INTERPRETATION 36.01 Where there is a conflict or a difference in meaning between the English and the (@LANGUAGE) version of this Agreement, the English version shall apply. All translations into English for the purposes of this Agreement must be of a standard acceptable to the Province. The headings appearing in this Agreement have been inserted for reference and as a matter of convenience and in no way define, limit or enlarge the scope of any provision of this Agreement. Any reference to a statute, regulation or order in this Agreement, whether or not that statute has been defined, includes all regulations and Orders made at any time under or pursuant to that statute. Any reference to an enactment in this Agreement, whether or not that enactment has been defined, includes any amendments made to those enactments. In this Agreement wherever the singular or neuter is used it will be construed as if the plural or masculine or feminine, as the case may be, had been used where the context so requires. The Schedules to this Agreement are an integral part of this Agreement as if set out at length in the body of this Agreement. Subject to paragraph 35.02 and 35.03, no amendment or modification to this Agreement will be effective unless it is in writing and duly executed by the parties. If any provision of this Agreement or the application to any person or circumstances is invalid or unenforceable to any extent, the remainder of this Agreement and the application of such provision to any other person

36.02 36.03

36.04

36.05

36.06

36.07 36.08

36.09

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or circumstance will not be affected or impaired thereby and will be enforceable to the extent permitted by law. 36.10 36.11 All dollar amounts expressed in this Agreement refer to lawful currency of Canada. Unless the context otherwise indicates, any reference to this Agreement means this instrument and all of the Schedules attached to it, and any reference to any paragraph or subparagraph by number is a reference to the appropriate paragraph or subparagraph in this Agreement. Nothing in this Agreement operates as a consent, permit, approval or authorization by the Province or any Ministry, Branch or agency thereof to or for anything related to the School or Certification that the OwnerOperator is required to obtain unless it is expressly stated herein to be such a consent, permit, approval or authorization.

36.12

37.00 SUCCESSORS AND ASSIGNS 37.01 This Agreement will enure to the benefit of and be binding upon the Owner-Operator and its successors and permitted assigns and the Province and its assigns.

IN WITNESS WHEREOF the parties have executed this Agreement as of the date first above written. SIGNED on behalf of Her Majesty the Queen in right of the Province of British Columbia by a duly authorized representative of the Minister of Education in the presence of: ) ) ) ) ) ) ________________________________ ) Witness ) ) ) Date Signed

__________________________ For the Minister of Education James Gorman Deputy Minister

The Director of the Intellectual Property Program of the Ministry of Citizens Services and Open Government consents to the disposal of intellectual property as described in this Agreement. SIGNED on behalf of Her Majesty the Queen in right of the Province of British Columbia by a duly authorized ) ) )

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representative of the Minister of Citizens Services and Open Government in the presence of: _____________________________ Witness Date Signed

) ) ) ) ) )

________________________________ For the Minister of Citizens Services and Open Government

SIGNED on behalf of @NAME OF SCHOOL OWNER-OPERATOR, by a duly authorized representative

) ) ) ) ) _______________________________ ) Witness ) ) ) ) ) Date Signed) ) )

__________________________ Owner-Operator __________________________ (PRINT NAME) __________________________ (PRINT TITLE)

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SCHEDULE A QUALIFICATION CRITERIA FOR OWNER-OPERTORS The Owner-Operator represents and warrants that it has met the following qualification criteria required in order to enter an agreement under the British Columbia Global Education Program Offshore Schools, it: 1. 2. Has successfully operated the School to the Provinces satisfaction for at least one School Year under an Initial Curriculum Delivery Agreement. Has satisfied all of the Provinces requirements for Certification in the form and with the content established by the Province, including without limitation an Annual Report submitted in accordance with the Program Requirements. Is able to communicate orally and in writing with the Province in fluent English at a level acceptable to the Province. Has provided documentation to the Province sufficient to satisfy the Province that the Owner-Operator is a non-governmental legal entity incorporated and operating in the jurisdiction in which the School will operate. Has satisfied the Province that the Owner-Operator is not in contravention of any relevant legislation or other legal requirements, including without limitation, all relevant labour and employment laws and the Immigration and Refugee Protection Act, S.C. 2001, c. 27 and Regulations made under that Act. Is, subject to the written approval of the Province, offering a British Columbia educational program that commences between Kindergarten and Grade 8, with a minimum enrollment of 60 full-time students in each grade offered in the School. Has, subject to the written approval of the Province, ensured that Students commence full-time enrollment in the School in or before Grade 8. Has paid all fees in accordance with Schedule E. Has successfully completed, at the Owner-Operators expense, all inspections required under the Initial Curriculum Delivery Agreement. Has provided any additional information that the Province reasonably requests. Is considered by the Province, at the Provinces sole discretion, to be a suitable candidate in accordance with the Provinces requirements for Certification.

3. 4.

5.

6.

7. 8. 9. 10. 11.

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SCHEDULE B PROGRAM ADMINISTRATION AND OPERATION PART I: OPERATION OF THE SCHOOL 1. The Owner-Operator must operate the School and deliver the BC Curriculum in accordance the Program Requirements, including without limitation, the OwnerOperator must: (a) deliver the BC Curriculum in English at a standard acceptable to the Province, except for the parts of the BC Curriculum exempted in writing by the Province; ensure the recruitment, hiring and supervision of qualified and competent personnel, including Authorized Persons, is in accordance with Program Requirements; ensure compliance within the delivery of the educational program in the School with the subject, instructional time and learning outcome requirements set out in sections 1.1 to 6, with the exception of s. 4(5)(b), of Ministerial Order 41/91, the Educational Standards Order, enacted under the Independent School Act. For clarity, a reference to Board or Authority in the Order means Owner-Operator for the purposes of this Agreement; ensure that all of the BC Curriculum offered in the School meet or exceed the learning outcomes identified in the Educational Program Guides for each course, with a course overview for each course that includes content, teaching strategies, evaluation and assessment methods which are clearly linked to the BC learning outcomes; follow the BC Ministry of Education Performance Standards found at: http://www.bced.gov.bc.ca/perf_stands/ as an assessment tool for Students; (f) ensure that all eligible students participate, in accordance with the Program Requirements, in Provincial Examinations for all Parts of the BC Curriculum that are Provincially examinable under the School Act; ensuring compliance with the Program Requirements with respect to all equivalency process and challenge rules develop a course overview for each course that: i. ii. (i) includes content, planning for assessment, teaching strategies, achievement indicators, and assessment methods; aligns with the British Columbia Curriculum learning outcomes; and

(b)

(c)

(d)

(e)

(g) (h)

ensure that the Schools facilities, including computer resources, meet Program Requirements, including without limitation, the requirements set out in Schedule F, and that Students have access to sufficient facilities,

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including access to computers and electronic resources, for efficient administration of Provincial exams; and (j) ensure that the School offers Students the opportunity to meet all graduation requirements, including without limitation, that in order to graduate, Students must successfully complete an onshore study requirement at a Kindergarten to 12 school in British Columbia in accordance with paragraph 8.05 and the Program Requirements.

2.

The Owner-Operator must acquire sufficient resources, including textbooks, a library with hard copy and electronic resources, including internet resources, in accordance with Program Requirements sufficient to support the learning outcomes for all of the BC Curriculum offered at the School. The Owner-Operator must only make changes to the facilities, equipment or educational programs provided to Students under this Agreement: (a) (b) which the Province has requested in response to the Inspection Report provided to the Owner-Operator under paragraph 3.05and paragraphs 21.00 and 22.00 and approved by the Province; or for which the Owner-Operator has obtained prior written approval from the Province if the change could result in the Owner-Operator not meeting its obligations under this Agreement.

3.

PART II: PROGRAM ADMINISTRATION Offshore Offshore Program Consultant 1. If the Offshore Offshore Program Consultant retained under paragraph 14.01 is a corporate entity, the Owner-Operator must ensure that one individual with authority to legally bind the corporate entity is designated to serve as representative of the corporate entity for the purposes of fulfilling the duties under paragraphs 10 and 11 of this Part. The Offshore Program Consultant retained by the Owner-Operator under paragraph 14.01 may not serve as Offshore Program Consultant for more than 2 other Owner-Operators and must not be affiliated with the Owner-Operator, other than through the Offshore Program Consultants contract with the OwnerOperator. If an Offshore Program Consultant is retained by the Owner-Operator under paragraph 14.01 and approved by the Province under paragraph 7 of this Part the Offshore Program Consultant must, in addition to fulfilling the duties under paragraph 10 of this Part serve as the primary liaison between the OwnerOperator and the Province for the purpose of this Agreement and fulfill the duties under paragraph 11 of this Part. The Offshore Program Consultant must not fulfill any duties in relation to the School other than those set out in paragraphs 10 and 11 of this Part.

2.

3.

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4.

If an Owner-Operator has not retained an Offshore Program Consultant, under paragraph 14.01, the Principal employed under paragraph 15.01must fulfill the duties of both Principal under paragraph 6 Part II of this Schedule B and primary liaison under paragraph 11 of this Part. For clarity, where an Offshore Program Consultant has been retained, the Offshore Program Consultant will be responsible for evaluating the Principal and documenting the results of that evaluation. Where no Offshore Program Consultant has been retained, the Owner-Operator retains responsibility for these duties. The Owner-Operator must provide the Province with written confirmation that the individual designated as liaison under either paragraph 3 or 4 of this Part has full capacity to represent and legally commit the Owner-Operator in all communications and dealings with the Province in relation to this Agreement. The individual designated as liaison under paragraph 3 or 4 of this Part and to fulfill the duties under paragraph 11 of this Part is not authorized to represent the Owner-Operator for the purposes of this Agreement until the Province has approved in writing the Owner-Operators appointment of that individual to serve as liaison with the Province. The Province may, in its sole discretion, cease to engage, for the purposes of this Agreement, with the individual designated as liaison under paragraph 3 or 4 of this Part if the Province has reason to question his or her authorization, conduct, qualifications or competence. In any such case, the Owner-Operator will identify a replacement and the provisions of paragraph 14 and this Part will then apply to the process for identifying and approving the replacement. The Owner-Operator may designate a new individual to serve as the OwnerOperators liaison except that the individual will not be the Owner-Operators liaison under paragraphs 3 or 4 of this Part until the appointment has been approved by the Province. If an Offshore Program Consultant is retained by the Owner-Operator under paragraph 14.01 and approved by the Province under paragraph 7 of this Part, the Owner-Operator must ensure that the Offshore Program Consultant undertakes, in collaboration with the Principal, the following duties: (a) assisting with administration of the School and carrying out a system of education in conformity with this Agreement, including: i. ii. iii. assisting the Owner-Operator to recruit and hire Authorized Persons; providing visa support for Authorized Persons; establishing accommodation arrangements for Authorized Persons and dealing with any issues with accommodation;

5.

6.

7.

8.

9.

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iv. v. vi.

providing cultural acclimatization assistance for Authorized Persons and Students; providing professional development for Authorized Persons; and participating in dispute resolution process under the policy required under paragraph 8.12(c) and, if required by the Province, under paragraph 26.00; and

(b) assisting the Owner-Operator to market the School. 10. The duties of the liaison appointed either under paragraph 3 or 4 of this Part are: (a) acts as the primary contact to liaise and communicate with the Province in a timely manner; (b) advising and assisting the Owner-Operator in exercising its powers and duties under this Agreement; (c) effectively manage issues, in collaboration with the Principal, that may arise and resolve complaints to reach resolutions satisfactory to the Province; (d) attend information sessions held by the Province; (e) actively work with the Owner-Operator to ensure compliance with the terms of this Agreements including working with the OwnerOperator, Principal and Authorized Persons to ensure that accountabilities and timelines are clearly understood and met under this Agreement; (f) ensure, in collaboration with the Principal, the effective transfer to the Province of all data outlined in Schedule F and all annual reporting requirements are met by deadlines established by the Province; (g) participate in, and support, in collaboration with the Principal, an inspection team, in conducting inspections for the purposes of this Agreement; and (h) work with the Owner-Operator, Principal and Authorized Persons to address the Provinces recommendations and requirements, including recommendations and requirements arising from inspections.

PART III: PRINCIPAL 1. The Principal must be an individual who, at the time that the individual is hired by the Owner-Operator as the Principal and during the Agreement Term, meets all of the following requirements: (a) is fluent in English;

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(b) holds a British Columbia Certificate of Qualification; (c) is not otherwise affiliated with the Owner-Operator, other than through the Principals employment contract with the OwnerOperator; and (d) has experience working at a principal or vice-principal level and has a minimum of three years of teaching experience, preferably in a British Columbia school, except where the Province has provided written approval to the Owner-Operator for the use of modified criteria due to exceptional circumstances. 2. The Owner-Operator must not employ a Principal under paragraph 15.01 who is employed as a Principal for any other school under the British Columbia Global Education Program Offshore Schools. The Owner-Operators must ensure the Principal employed under paragraph 15.01 has responsibility for and authority to undertake the following duties in relation to the School: (a) providing administration for and supervision of the School including responsibility for the operation of the School, the curriculum taught and the evaluation of Authorized Persons; and (b) carrying out a system of education for the BC Global Education Program Offshore Schools in conformity with this Agreement, including without limitation: i. directly managing student admission processes, including making final decisions with respect to Student assessment and admissions; implementing educational programs in accordance with the terms of this Agreement; ensuring that the quality of the educational programs offered at the School meet the Program Requirements; overseeing development of course overviews that support learning outcome requirements as established by the Province; evaluating learning situations in classrooms; establishing all teaching timetables and student placement in classrooms; establishing the program of teaching and learning activities; establishing student evaluation and assessment processes and reporting to parents;

3.

ii. iii. iv. v. vi. vii. viii.

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ix.

supervising and evaluating the work of Authorized Persons and other School staff, and documenting the results of such evaluations; organizing and providing supervision for professional development of Authorized Persons in the School; performing teaching duties as appropriate; maintaining complete and accurate school records, including without limitation all records under paragraphs 12.00 and 13.00 and Part IV of this Schedule; supervising the general conduct of Students, both on School premises and during activities that are off School premises and that are organized or sponsored by the School; participating in dispute resolution process under the policy required under paragraph 8.12(c) and, if required by the Province, under paragraph 25.00; and in accordance with the policies of the Owner-Operator, exercising paramount authority within the school in matters concerning the discipline of students.

x. xi. xii.

xiii.

xiv.

xv.

7.

The Owner-Operator must establish conditions of employment for Principals and Authorized Persons that encourage those employees to continue their employment in the School.

PART IV: SCHOOL RECORDS 1. The Owner-Operator must establish and maintain, in English, accurate and current records, including without limitation: (a) the Annual Report(s); (b) Student Records; (c) records with respect to each Authorized Person employed in the School; and (d) records with respect to the operation of the School; and must permit the Province, or a person designated by the Province, at any time or times during normal School hours, to copy and inspect any and all records. 2. The Owner-Operator must maintain in each Authorized Persons file the records required under paragraph 13.01(c), including without limitation, completed evaluations for Authorized Persons required under policies established and implemented under paragraphs 8.11 and 8.12 and police records checks from all

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jurisdictions in which the Authorized Person has previously resided. Files relating to on-site Authorized Persons must also include, without limitation, copies of British Columbia Certificates of Qualification or Letters of Permission, as applicable, and copies of contracts of employment between the OwnerOperator and Authorized Persons. 3. If a Student transfers out of the School or the School ceases to operate, the Owner-Operator agrees to transfer or to ensure that the Principal transfers in a timely manner the Students Student Record to another Owner-Operator operating a school under the BC Global Education Program Offshore Schools or to a BC K-12 public or certified independent school, as requested by the Student. The Owner-Operator agrees to keep and maintain in a secure manner and place the Student Records for 10 years following the graduation of a Student or the leaving of a Student from the School. Subject to written approval from the Province, the Owner-Operator must ensure that it meets Program Requirements for internet connectivity, computer hardware/software, and printer capabilities to ensure efficient electronic transfer and printing of such items as are required under this Agreement.

4.

5.

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SCHEDULE C REQUIREMENTS FOR EMPLOYMENT OF TEACHERS IN THE BC GLOBAL EDUCATION PROGRAM OFFSHORE SCHOOLS 1. The Owner-Operator must ensure that Authorized Persons employed to teach at the School: (a) (b) (c) (d) (e) hold a British Columbia Certificate of Qualification prior to beginning teaching in the School and during the Agreement Term; provide to the Owner-Operator police records checks from all jurisdictions in which the Authorized Person has previously resided; maintain their certification in good standing complying with all professional requirements under the Teachers Act; provide consents required under paragraph 13.06; provide instruction in a competent manner to Students in accordance with the requirements under this Agreement and as identified in Program Requirements; teach the programs of study and educational programs that are prescribed, approved or authorized under this Agreement; encourage and foster learning in Students; regularly evaluate Students and periodically report the results of the evaluation to the Students, the Students parents and the School in accordance with the terms of this Agreement; maintain, under the direction of the Principal, order among the Students while they are in the School or on the School grounds and while they are attending or participating in activities sponsored or approved by the School; and carry out, subject to any applicable contract of employment, those duties that are assigned to the teacher by the Principal.

(f) (g) (h)

(i)

(j)

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SCHEDULE D INSPECTIONS OF OFFSHORE SCHOOLS 1. On receipt of: (a) the funds required by the Province as described in paragraphs 6, 8, 9 and 10 of this Schedule; and (b) all information required by the Province within in the timelines established by the Province, the Province will, in order to determine if the Owner-Operator is eligible to continue to operate the School for the Agreement Term and renew this Agreement in accordance with paragraph 2.00, conduct an inspection of the School, including, without limiting the foregoing, inspection of the records of the Owner-Operator, and facilities and equipment used in the operation of the School, and will, if possible conduct this inspection at times that are convenient to both the Owner-Operator and the Province. 2. The Owner-Operator will, at the request of the Province, permit the Province, or a person designated by the Province to: (a) enter, at any reasonable time, a building used in the operation of the School, offices of the Owner-Operator or the grounds and facilities used in the operation of the School, (b) inspect any record of the Owner-Operator, including without limitation electronic records, e-mails records and all records held by the Offshore Offshore Program Consultant, the Principal and Authorized Persons, relating to the operation of the School, including Student and staff records, and (c) inspect the academic achievement of Students and the administration of the School, and permit the Province, or a person designated by the Province, to do everything necessary to conduct a thorough and complete inspection of the School for the purposes of this Agreement, including, the following: (i) verification of the status of Authorized Persons; (ii) observation of any Authorized Persons teaching methods, including planning and delivery of the BC Curriculum and assessment and evaluation of the Students; (iii) observation of operation of the School to assess the OwnerOperators operation of the School and provision of the BC Curriculum in accordance with the terms of this Agreement; (iv) examination of the Authorized Persons course overviews and lesson plans for the School, and resource materials used by the Owner-Operator;

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(v) assess any matters with respect of which the Director of International Education has received a complaint under paragraph 25.00; and (vi) examination of the English Language Learning (ELL) assessment and instruction provided by the Owner-Operator. 3. The Owner-Operator will provide all the support the Province considers necessary to allow the Province to conduct a thorough and complete inspection of the School and the provision of the educational programs, including without limitation, that the Owner-Operator that the Owner-Operator will ensure compliance with the terms of the Provinces contract with the inspection team members, that the inspection team members must not be placed in a position of real or perceived conflict of interest through any entertainment opportunities, gifts or by any other means. The Owner-Operator must provide an English/@ Language) interpreter, if the staff of the Owner-Operator who are providing information to the persons conducting an inspection are not fluent in English. Prior to the inspection under this paragraph, the Owner-Operator must provide the Province with, in English at a standard of translation acceptable to the Province: (a) all written material that the Province considers necessary to properly inspect the School under this Agreement; (b) a letter from the appropriate government office with paramount responsibility for education in the country, province, or city in which the School is located setting out written approval in principle for the Owner-Operator to operate a Certified School; (c) a letter from the appropriate city, state, provincial or national government having jurisdiction where the School is located that states that the governmental body is not aware of any record of violations by the Owner-Operator of its laws or directions; and (d) a fully and accurately completed Annual Report under paragraph 13.05. 6. The Owner-Operator will pay, in advance of the inspection, in Canadian dollars and within 30 days of receipt of a notice from the Province, the amount specified by the Province in the notice, for the estimated costs in relation to the inspection of the School. All accommodation arrangements for inspectors conducting inspections under this paragraph will be made by the Owner-Operator in advance of the travel dates. The Owner-Operator will provide the Province with proof of payment in advance for all accommodation and the Province will provide a copy of the proof

4.

5.

7.

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of payment to the inspector. 8. The notice referred to in paragraph 6 of this Schedule will reflect the costs that the Province estimates it will incur in performing its functions and duties required under this Agreement for the inspection of the School to determine if the OwnerOperator is eligible to continue or renew this Agreement in accordance with paragraph 2.02, and will include the types of costs referred to in Schedule E to this Agreement, but is not restricted to those costs. Where the actual inspection and related costs for a School Year incurred by the Province under this paragraph, are greater than the funds submitted under paragraph 6 of this Schedule for that School Year, the Owner-Operator will pay the Province, within 30 days of receipt of a notice from the Province all costs incurred by the Province during the School Year in conducting inspections of the School, and otherwise regulating the School, less the monies paid under paragraph 6 of this Schedule for that School Year. If the monies paid under paragraph 6 of this Schedule exceed the cost of the actual expenses incurred by the Province in the School Year, the Province will either refund the amount of the overpayment to the Owner-Operator, or reduce, by the amount of the overpayment, the amount of the funds to be submitted under paragraph 6 of this Schedule for the subsequent School Year, the Province will either refund the overpayment to the Owner-Operator, or reduce the amount payable under paragraph 6 of this Schedule for the subsequent School Year, if this Agreement is renewed in accordance with paragraph 2.02 On request, the Owner-Operator will provide the inspection team with a secure location on the premises of the School that is private and quiet during the period that the Province is conducting an inspection under this Agreement. The Inspection Report prepared by the inspectors under this paragraph will be made public on the Provinces website.

9.

10.

11.

12.

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SCHEDULE E SCHEDULE OF ESTIMATED COSTS PROGRAM FEES Initial Application Fee Curriculum Usage Fee Program Administration Fee Student Registration Fee $5,000 non-refundable $10,000 per school/annum $5,000 per annum, non-refundable. $350 per student/annum OTHER PROGRAM EXPENSES Travel, accommodation, per diem, and incidental costs of all Ministry participants if held at the school location. Payment required 15 days in advance of departure (if taking place onsite at the school location). Payable at the time of application. Payable on August 1st of each year. Payable on August 1st of each year. Payable on January 15th of each year.

In-Person Application Review

or To determine whether a prospective All relevant travel and Owner/Operators application can accommodation expenses for the be approved. Owner/Operator (and accompanying officials) if held in British Columbia. Onsite Inspections To determine whether certification can be granted or renewed, annual inspections will be performed at the expense of the Owner/Operator. Exam Invigilation Includes professional services of the Inspection Chair and Inspection Team Members, as well as their travel, accommodation, per diem, and incidental costs. Includes professional services of the Invigilator(s), as well as his/her/their travel, accommodation, per diem, and incidental costs.

Payment required 30 days in advance of inspection teams departure.

In the first year that provincial examinations are offered, an onsite invigilator(s) will provide oversight to ensure that exam conditions meet Provincial standards at the expense of the Owner/Operator. Learning Audits Includes professional services of the Audit Chair and Audit Team If quality issues are of concern, the Members, as well as their travel, Ministry may require an onsite accommodation, per diem, and comprehensive Learning Audit at incidental costs. the expense of the Owner/Operator.

Payment required 30 days in advance of invigilators departure.

Payable 15 days in advance of the audit teams departure.

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SCHEDULE "F" Current Requirements for Electronic Data Transfer with the British Columbia Ministry of Education for Transcripts and Examinations and Grade 10-12 Electronic Examinations TRANSCRIPTS AND EXAMS REQUIREMENTS: Transcript and Examination (TRAX) data must be submitted to the Ministry using computer software which is capable of extracting and sending the standard TRAX data files. The following software vendors have a TRAX data extract function currently being used by schools. There may be other software vendors with the capability of producing the standard TRAX files. Vendor Name Harts Systems Ltd Maplewood Computing Take Two Inc. Product Name(s) TESS and Windsor Maplewood CIMS Phone 1-888-734-1119 1-800-265-3482 1-800-665-0641

Contact the Student Certification Branch at the Ministry to obtain additional information and specific TRAX data specifications, if required. Student Certification Branch Ministry of Education PO Box 9170 Stn Prov Govt Victoria BC V8W 9H7 Telephone: (250) 893-6914 Email Address: Sandra.C.Smith@gov.bc.ca ELECTRONIC EXAMS REQUIREMENTS: Software, Browser and Computer requirements can be found at the Ministry of Education e-Exam website: https://www.bced.gov.bc.ca/eassessment/eexam_computer_requirements.htm Internet Connection: Internet Service Provider (ISP)

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ADSL, cable or T1 (minimum requirement) 10-1000 MB Broadband (recommended) School Principal email account with attachment capability Ability to receive or send up to 5 MB file size attachments Non-Intel, MS Office file attachments sent to the Ministry must be PC compatible and saved as RTF (rich text format) if MS Office is not available. Printer (600 dpi or higher) Colour printer for Geography and Geology exams Photocopier

Email:

Peripherals:

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SCHEDULE "G" Approved Distributed Learning Service Provider 1. The Approved Distributed Learning Service Provider for the purposes of paragraph 7 until June 30, 2015 is: a. School District No. 73 Business Company.

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