Appointment of superintendents
47(1)A District Education Council shall select, appoint and direct, and may suspend, dismiss or otherwise discipline, the superintendent of the school district for which the District Education Council is established.
47(2)The superintendent is, subject to the authority under this Act of the Minister and the District Education Council concerned, the chief executive officer of the school district.
47(3)The appointment of a superintendent shall be for a five year term.
47(4)The appointment of a superintendent shall not be made without the prior written approval of the Minister.
47(5)Where a District Education Council seeks the approval of the Minister for the purposes of subsection (4), the District Education Council shall give to the Minister, in such form and containing such information as may be required by the Minister, notice of its intention to appoint the superintendent.
47(6)The Minister may approve or refuse to approve the appointment of a superintendent within one month after receipt by the Minister of the notice referred to in subsection (5).
47(7)The Minister may refuse to approve the appointment of a superintendent if, in the opinion of the Minister,
(a)
the candidate lacks the requisite education, experience or qualifications, or
(b)
an established selection policy or procedure has been violated.
47(8)Where the Minister refuses to approve the appointment of a superintendent, the Minister shall give the District Education Council concerned reasons for the refusal in writing.
47(9)Where the Minister refuses to approve the appointment of a superintendent, the District Education Council concerned may,
(a)
in accordance with this section, appoint another individual as superintendent of the school district, or
(b)
within thirty days after receipt of the reasons referred to in subsection (8), apply by Notice of Application to a judge of The Court of King’s Bench of New Brunswick for a review of the decision made by the Minister.
47(10)The Rules of Court apply in respect of an application made under paragraph (9)(
b).
47(11)Where the judge dismisses an application made under paragraph (9)(
b), the District Education Council concerned shall, in accordance with this section, appoint another individual as superintendent of the school district.
47(12)A District Education Council shall not enter into a contract of employment or a contract renewing a contract of employment with an individual who is appointed as a superintendent of a school district unless the contract includes a five year term with no option to renew or extend the contract at the end of the term if the individual is not reappointed as a superintendent.
47(13)On the expiry of the term of an appointment or reappointment of a superintendent, the District Education Council concerned may, at the discretion of the District Education Council, reappoint the superintendent.
47(14)The reappointment of a superintendent shall be for a five year term.
47(15)An individual appointed as a superintendent of a school district before the commencement of this section and who holds that position on the commencement of this section shall be deemed to have been appointed under subsection (1).
2000, c.52, s.47; 2021, c.10, s.1; 2023, c.17, s.63