Acts and Regulations

97-150 - School Administration

Table of contents
Full text
Current to 1 January 2024
NEW BRUNSWICK
REGULATION 97-150
under the
Education Act
(O.C. 97-1041)
Filed December 23, 1997
Under section 57 of the Education Act, the Lieutenant-Governor in Council makes the following Regulation:
Citation
1This Regulation may be cited as the School Administration Regulation - Education Act.
INTERPRETATION
Definitions
2In this Regulation
“Act” means the Education Act;(Loi)
“experimental course” means an instructional course, subject to criteria approved by the Minister, conducted for research purposes;(cours expérimental)
“family associate” means a spouse, parent, child, grandparent, grandchild, brother, sister, aunt, uncle, niece, nephew or first cousin;(personne apparentée)
“foreign pupil” Repealed: 2001-49
“holiday” means(jour férié)
(a) a holiday as defined in section 38 of the Interpretation Act,
(b) a holiday proclaimed by the Governor-General or the Lieutenant-Governor for any particular schools or school districts, and
(c) whenever a holiday falls on a Saturday or Sunday, the next teaching day;
“international pupil” Repealed: 2021, c.10, s.2
“pilot course” means an instructional course, subject to criteria approved by the Minister, conducted to determine the feasibility of its inclusion in the regular program of studies for the schools of the Province conducted under the Act;(cours pilote)
“principal’s certificate” means an interim principal’s certificate or a principal’s certificate issued by the Registrar;(certificat d’aptitude à la direction des écoles)
“supplementary course” means a course which, for a given school district, is not normally provided under section 6 of the Act;(cours supplémentaire)
“textbooks” means basic school books and supplementary books and materials provided by the Minister for distribution to pupils and teachers.(manuels scolaires)
2001-49; 2004-9; 2021, c.10, s.2
SCHOOL ATTENDANCE
School hours
3(1)School hours shall include all the time between the opening and the closing of school for the day.
3(2)The Minister shall provide a minimum number of hours of instruction per day, or the equivalent in a school year, exclusive of the noon recess, as follows:
(a) for kindergarten and grades one and two, four hours;
(b) for grades three to eight, inclusive, five hours; and
(c) for grades nine to twelve, inclusive, five and one-half hours.
2021, c.10, s.2
Closure of schools on holidays
4No school shall operate on a holiday.
School vacations
5There shall be in all schools
(a) a summer vacation beginning on the first day of July and ending on the Saturday immediately preceding Labour Day, unless otherwise varied by the Minister for any school district for any school year,
(b) a winter vacation of two weeks, beginning on the Saturday immediately preceding Christmas Day, unless otherwise varied by the Minister for any school district for any school year, and
(c) a spring vacation of one week, beginning on the Saturday immediately preceding the first Monday in the month of March.
2021, c.10, s.2
Temporary closure of schools
6(1)The Minister may, for any reason the Minister considers sufficient, vary the summer vacation for a school district for any school year and, having done so, may authorize the operation of schools or parts of schools in that school district during a portion of the summer vacation and the closing of those schools or parts of schools during a corresponding number of regular teaching days.
6(2)The Minister may order the closing of schools or parts of schools during part of the school year for any reason the Minister considers sufficient, and may order a corresponding or lesser number of additional days of operation in substitution therefor.
6(2.1)A District Education Council may make application to the Minister for the variation of the summer vacation under subsection (1) or for the closing of schools or parts of schools under subsection (2).
6(3)The Minister may delegate in writing to a district education council all or part of the power conferred under subsection (2), but in the event of any closing under such delegation, the Minister may, notwithstanding such delegation, order a corresponding or lesser number of additional days of operation in substitution therefor.
2001-49; 2021, c.10, s.2
ADMINISTRATION
Designations
7(1)A designation by the Minister under section 42 of the Act may be made orally or in writing and in any manner, and may be communicated to the person so designated by the Minister or by a person delegated by the Minister.
7(2)A person designated under subsection (1) shall have all the rights and duties of the Minister to perform the function for which the designation was made.
7(3)Any person may appeal to the Minister from a decision made by a person designated under subsection (1).
2021, c.10, s.2
Trust funds
8(1)The Minister shall be the sole administrator and trustee of any money donated in trust to the Minister.
8(2)When the principal and income in a trust are completely expended, the trust shall expire and the Minister shall bear no responsibility to expend money for or to continue to operate any project for which money has been expended under the trust.
8(3)The District Education Council concerned shall be the sole administrator and trustee of any money donated in trust to the District Education Council, the school district for which the District Education Council is established or a school within that school district.
8(4)When the principal and income in a trust are completely expended, the trust shall expire and the District Education Council concerned shall bear no responsibility to expend money for or to continue to operate any project for which money has been expended under the trust.
2001-49; 2021, c.10, s.2
Sums of money received by a District Education Council
2001-49
8.1(1)In this section
“educational use” means a project relating to education and includes co-curricular activities, extra-curricular activities, scholarships, prizes and equipment or materials that are not a part of the fundamental program provided by the Minister as free school privileges.
8.1(2)A District Education Council may accept a sum of money received by way of gift or awarded to it only if
(a) the donor
(i) devises the money by way of a testamentary instrument to the District Education Council for educational use, or
(ii) agrees with the District Educational Council that the money shall be expended by the District Education Council for one or more educational uses, and
(b) the donor does not specify that the money be expended to benefit only individually named pupils.
8.1(3)Any individual, partnership, corporation, society, other government or other group of individuals may be a donor under subsection (2).
2001-49; 2021, c.10, s.2
Community use of school property
9(1)For the purposes of section 46 of the Act, a District Education Council may authorize the use of school property for educational, cultural, recreational, commercial or personal purposes, as considered appropriate by the District Education Council.
9(2)Subject to subsection (3), a fee may be charged by a District Education Council for the use of school property under section 46 of the Act if
(a) the fee does not have the effect of discouraging appropriate community use of school property, and
(b) the fee is not higher than the market commercial rate that would be charged in the same community for a similar facility unless such is required to offset incremental costs as required under subsection (3).
9(3)Where incremental costs are incurred as a result of making school property available for use by the community, the District Education Council shall ensure that a fee is collected and expended to offset those costs.
9(4)Any amount of the fee earned and retained by a District Education Council in excess of the amount required to offset incremental costs under subsection (3) shall be expended by the District Education Council for an educational purpose.
2001-49
Sources of money to be earned and retained
10For the purposes of subparagraph 50.2(3)(b)(i) of the Act, sources from which a District Education Council may earn and retain sums of money are as follows:
(a) from the operation of a cafeteria;
(b) from the operation of a driver education program;
(c) from the operation of a daycare;
(d) Repealed: 2021, c.10, s.2
(e) from or in support of extra-curricular activities; and
(f) from or in support of pupil activities.
2001-49; 2021, c.10, s.2
Maximum budgetary surplus
2001-49
10.1The budgetary surplus realized in its operations and retained by a District Education Council from year to year in accordance with subsection 50.2(9) of the Act shall not at any time exceed an accumulated amount of
(a) $250,000, if the initial budget provided to the District Education Council was less than $100,000,000,
(b) $325,000, if the initial budget provided to the District Education Council was $100,000,000 or more but less than $200,000,000, or
(c) $500,000, if the initial budget provided to the District Education Council was $200,000,000 or more.
2001-49; 2018-22
Operation of a cafeteria
2001-49
10.2(1)A cafeteria may be operated in a school if its operation will not create a deficit in the financial account of the District Education Council that is reserved for cafeteria purposes.
10.2(2)Any money earned and retained by a District Education Council from the operation of a cafeteria shall be expended by the District Education Council
(a) for the operation of food services, or
(b) for an educational purpose.
2001-49; 2003-79
Operation of a driver education program
2001-49
10.3(1)A driver education program may be operated in a school district only if
(a) the cost of operation for classroom instruction is included in the budget provided by the Minister for the operation of the school district under subsection 50.2(1) of the Act for that school year, and
(b) the cost of operation of in-vehicle instruction is on a cost recovery basis.
10.3(2)Any money earned and retained by a District Education Council from the operation of a driver education program may only be expended for the continued operation and maintenance of the driver education program.
2001-49; 2021, c.10, s.2
PUPILS
School admission
11(1)Each new pupil shall obtain a permit from the superintendent of the school district in which the pupil resides before attending school.
11(2)No child shall be eligible for admission to kindergarten unless the child has proof of attainment of the full age of five years on or before the thirty-first day of December of the school year.
Persons permitted to receive free school privileges
12(1)For the purposes of subsection 8(3) of the Act, the Minister may, on the recommendation of the superintendent of the school district, provide free school privileges
(a) to a person of school age who
(i) is a resident of the Province who has graduated from high school,
(ii) is a resident of another Canadian province and who enters New Brunswick for the purpose of attending school,
(iii) is a child of a person who is lawfully admitted to Canada
(A) with a work permit to work in New Brunswick, or
(B) with a study permit and who is in full-time attendance at
(I) an educational institution designated under the Degree Granting Act,
(II) an educational institution, as defined in the Degree Granting Act, that is established under an Act of the Legislature,
(III) an institution established or operated under the Adult Education and Training Act,
(IV) Maritime College of Forest Technology,
(V) the Collège communautaire du Nouveau-Brunswick (CCNB), or
(VI) the New Brunswick Community College (NBCC),
(iv) is claiming refugee status, or
(v) is a child of a person claiming refugee status, and
(b) to a person older than school age who is a resident of the Province who has not graduated from high school.
12(2)The recommendation of a superintendent under subsection (1) shall be made subject to any policies or directives of the District Education Council concerned.
2001-49; 2009-39; 2010-83; 2021, c.10, s.2
International pupils
Repealed: 2021, c.10, s.2
2001-49; 2021, c.10, s.2
13Repealed: 2021, c.10, s.2
2001-49; 2009-39; 2010, c.31, s.35; 2021, c.10, s.2
Fees payable by international pupils
2021, c.10, s.2
13.1(1)For the purposes of subsection 8.1(3) of the Act, the amount of a tuition fee shall be calculated by dividing the sum of the total ordinary and capital budgets of the Department of Education and Early Childhood Development and that portion of the ordinary and capital budgets of any other department of the Province designated for the public education system, for the previous fiscal year, by the number of pupils in the public education system on September 30 of the corresponding school year.
13.1(2)For the purposes of paragraph 8.1(4)(a) of the Act, an administration fee shall not be greater than $300.
13.1(3)For the purposes of paragraph 8.1(4)(b) of the Act, an orientation fee is $150.
2021, c.10, s.2
Responsibility of superintendents respecting pupils
14Subject to any policies or directives of the District Education Council concerned, the superintendent of the school district shall require that every pupil
(a) comes to school clean and tidy in their person and clothes,
(b) avoids idleness, profanity, falsehood and deceit, quarrelling and fighting, and be kind and courteous to their classmates, obedient to their instructors and diligent in thier studies,
(c) conforms to the rules of the school,
(d) provides an excuse from their parent or guardian for tardiness or absence from school,
(e) attends the particular grade or class to which the pupil is assigned,
(f) is present at each required evaluation and examination,
(g) is responsible to the teacher or to other personnel as designated by the principal of the school for any misconduct in or on school property,
(h) is subject to the supervision and control of the teacher while travelling to and from and while engaged in school sponsored extra-curricular activities of any kind, and be subject to discipline as provided for in the Act and the regulations in the same manner and to the same extent as if attending regular school classes, and
(i) comes to school with the prescribed textbooks and school materials needed in their classes.
2001-49; 2021, c.10, s.2
TEXTBOOKS
Distribution of textbooks
15A teacher
(a) shall distribute new and used free textbooks without discrimination, and
(b) shall not entertain any complaint concerning the distribution of used books.
Property of the Minister
2021, c.10, s.2
16All textbooks remain the property of the Minister.
2021, c.10, s.2
Loss, destruction or mutilation of textbooks
17A pupil losing, destroying or mutilating any free textbook shall pay for it or purchase a replacement in accordance with instructions issued by the Minister, and the replacement shall become the property of the Minister.
2021, c.10, s.2
Disposal of textbooks
18Textbooks considered to be no longer suitable for school use shall be disposed of according to instructions issued by the Minister.
2021, c.10, s.2
Return of textbooks
19(1)If a pupil transfers from a school, the pupil shall leave at the school all free textbooks distributed to the pupil at the school.
19(2)On or before the last day of the school year or when a pupil or teacher leaves the school, the pupil or teacher shall leave at the school all free textbooks distributed to the pupil or teacher at the school.
2021, c.10, s.2
SCHOOL PERSONNEL
Superintendents
2001-49
20A person may not be employed in the delivery of public education as a superintendent unless that person
(a) possesses a master’s degree in education or another appropriate post-graduate degree acceptable to the Minister,
(b) has at least five years of teaching experience, and
(c) has at least five years of appropriate experience in an administrative and supervisory capacity.
2001-49; 2021, c.10, s.2
Directors of education
2001-49
20.1A person may not be employed in the delivery of public education as a director of education unless that person
(a) possesses a master’s degree in education or another appropriate post-graduate degree acceptable to the Minister,
(b) has at least five years of teaching experience, and
(c) has at least two years of appropriate experience in a supervisory capacity.
2001-49; 2021, c.10, s.2
District supervisors of instruction
2001-49
20.2A person may not be employed in the delivery of public education as a district supervisor of instruction unless that person
(a) possesses a master’s degree in education or another appropriate post-graduate degree acceptable to the Minister, and
(b) has at least five years of teaching experience.
2001-49; 2021, c.10, s.2
Principals
21(1)A person may not be employed in the delivery of public education as a principal of a school unless that person possesses a principal’s certificate.
21(2)Notwithstanding subsection (1), the superintendent of a school district may, in the event of extenuating circumstances, subject to any policies or directives of the District Education Council concerned and with the approval of the Minister, hire a principal who does not possess a principal’s certificate for a period of time not to exceed five years.
21(3)Notwithstanding subsection (1), where a person who does not possess a principal’s certificate is employed as a principal of a school, immediately before the commencement of this subsection, that person may, at the discretion of the superintendent concerned, continue to be employed as principal of that school.
2001-49; 2021, c.10, s.2
Vice-principals
22(1)A person may not be employed in the delivery of public education as a vice-principal of a school unless that person possesses a principal’s certificate.
22(2)Notwithstanding subsection (1), the superintendent of a school district may, in the event of extenuating circumstances, subject to any policies or directives of the District Education Council concerned and with the approval of the Minister, hire a vice-principal who does not possess a principal’s certificate for a period of time not to exceed five years.
22(3)Notwithstanding subsection (1), where a person who does not possess a principal’s certificate is employed as a vice-principal of a school, immediately before the commencement of this subsection, that person may, at the discretion of the superintendent concerned, continue to be employed as vice-principal of that school.
2001-49; 2021, c.10, s.2
Department heads and subject coordinators
Repealed: 2001-49
2001-49
23Repealed: 2001-49
2001-49
Teachers
24(1)A person may not be employed in the delivery of public education as a teacher unless that person possesses a teacher’s certificate 4 or higher or an interim teacher’s certificate 4 or higher.
24(2)Notwithstanding subsection (1), where the superintendent of a school district has been unable to obtain the services of a teacher who possesses a teacher’s certificate 4 or higher or an interim teacher’s certificate 4 or higher, the superintendent may, subject to any policies or directives of the District Education Council concerned and with the approval of the Minister, hire a teacher with lesser qualifications.
24(3)Notwithstanding subsection (1), where a person who does not possess a teacher’s certificate 4 or higher or an interim teacher’s certificate 4 or higher is employed as a teacher, immediately before the commencement of this subsection, that person may, at the discretion of the superintendent concerned, continue to be employed as a teacher during their term of employment.
2001-49; 2004-9; 2016-63; 2021, c.10, s.2
Responsibilities of teachers
25(1)Subject to any policies or directives of the District Education Council concerned, a teacher shall
(a) maintain a regular supervision of the pupils on the school grounds,
(b) process, according to any instructions issued by the Minister, the records of pupils who are transferred from one department or school to another within the Province,
(c) keep with care and accuracy records of pupil attendance, inquire into and note all cases of tardiness or absence and, through the principal of the school, forward such records to the superintendent of the school district at the close of the school year,
(d) Repealed: 2001-49
(e) practice such discipline as may be exercised by a kind, firm and judicious parent in their family, avoid indiscreet haste in the discipline of their pupils and, in any difficult cases, apply to the principal for advice and direction,
(f) subject to the arrangements of the superintendent of the school district, see that the school is kept in proper order with respect to cleanliness, neatness, heating and ventilation and be present and see that the classroom is ready for the reception of pupils at least twenty minutes before the time fixed for opening the school both morning and afternoon,
(g) acquaint the pupils with a timetable showing the order of exercises for each day in the week or month and the time devoted to each,
(h) in case of sickness, promptly report their absence to the principal of the school,
(i) teach the prescribed curriculum, including experimental or pilot courses authorized by the Minister,
(j) attend all meetings called by the principal of the school or the director of education or superintendent of the school district,
(k) assist the superintendent of the school district in the placement of pupils under section 11 of the Act, and
(l) submit to the superintendent of the school district within five days after the close of each school year such year-end reports as may be required by the superintendent or the Minister.
25(2)Repealed: 2009-65
25(3)No teacher shall
(a) while employed in the discharge of school duties, make use of any religious catechism or interfere, or permit interference on the part of others, with the religious tenets of any pupil,
(b) accept in their class a new pupil who is not in possession of a permit granted by the superintendent of the school district, or
(c) be absent from school without permission of the superintendent of the school district except as expressly authorized under this Regulation or in case of sickness.
25(4)A teacher may open and close the daily exercises of the school by reading a portion of Scripture or by offering the Lord’s Prayer.
25(5)No teacher shall compel any pupil to be present at the opening and closing of the exercises referred to in subsection (4) against the wish of the pupil's parent or guardian, expressed in writing to the principal of the school.
2001-49; 2009-65; 2021, c.10, s.2
Testing
2021, c.10, s.2
25.1For the purposes of section 11.1 of the Act, the test that may be administered is the Wechsler Intelligence Scale for Children (WISC).
2021, c.10, s.2
Teachers’ salaries
26(1)For the purpose of computing teachers’ salaries, the total number of teaching days in a school year is one hundred and ninety-five.
26(2)The superintendent of the school district may require a teacher to submit a medical certificate for days lost due to illness before paying the teacher's salary.
2021, c.10, s.2
Resignations of teachers
27A teacher may resign from employment
(a) with the consent of the superintendent of the school district, or
(b) by notice in writing delivered to the superintendent of the school district on or before February 1, or mailed postage prepaid and registered to the superintendent of the school district and post-marked not later than the last day of January, of the school year at the end of which such resignation is to take effect.
2001-49
GENERAL
Number, types and levels of instructional programs
28Subject to the availability of resources, the size and needs of the school population shall determine the number, types and levels of instructional programs to be offered.
Symbols and flags
29(1)Symbols, or emblems distinctive of any national or other society, political party or religious organization shall not be exhibited or employed in or on school property or in school exercises, but nothing herein shall be taken to refer to any peculiarity of the teacher’s garb or to the wearing of the cross or other emblem by members of any religious denomination.
29(2)The Canadian flag shall be flown while the school is in day time session, unless weather conditions or other reasons make it impractical to do so.
National Anthem
2009-65
29.1(1)Subject to any policies or directives of the District Education Council concerned, on each school day the principal shall ensure the broadcast of the national anthem within the school.
29.1(2)If a principal is unable to comply with subsection (1) because of technical difficulties or reasons related to scheduling, the principal shall apply for an exemption to the District Education Council concerned.
29.1(3)The District Education Council may grant an exemption from subsection (1) only if
(a) the principal proposes another activity that promotes the spirit of patriotism, and
(b) the District Education Council considers the activity and its frequency appropriate in the circumstances.
2009-65
Exemptions for pupils
2009-65
29.2A pupil is not required to be present during the broadcast of the national anthem or during the other activity that promotes the spirit of patriotism that is considered appropriate by the District Education Council if
(a) the pupil’s parent applies for and receives an exemption from the principal, or
(b) an independent pupil applies for and receives an exemption from the principal.
2009-65
Fire drills
30In each school year, the principal of each school shall conduct a fire drill exercise at least once during the first five school days and as many times as are necessary thereafter during the following weeks to ensure a satisfactory evacuation of the school building.
PROVINCIAL CURRICULUM AND EVALUATION ADVISORY COMMITTEES
2016-54
Provincial curriculum and evaluation advisory committees
2016-54
31(1)There are established two provincial curriculum and evaluation advisory committees to the Minister, one anglophone and one francophone, for the purposes of consultation, liaison, communication and the provision of advice with respect to the development and implementation of curriculum and instruction in public schools in the Province and with respect to the implementation of provincial testing and evaluation programs.
31(2)Subject to subsection (8), the anglophone provincial curriculum and evaluation advisory committee shall consist of a maximum of 12 members appointed by the Minister, and provision shall be made for representation of appropriate organizations involved in public education in the Province.
31(3)Subject to subsection (8), the francophone provincial curriculum and evaluation advisory committee shall consist of a maximum of ten members appointed by the Minister, and provision shall be made for representation of appropriate organizations involved in public education in the Province.
31(4)In appointing members under subsection (2), the Minister shall ensure that the anglophone provincial curriculum and evaluation advisory committee includes at all times among its membership at least one councillor of each District Education Council for each school district organized in the English language.
31(5)In appointing members under subsection (3), the Minister shall ensure that the francophone provincial curriculum and evaluation advisory committee includes at all times among its membership at least one councillor of each District Education Council for each school district organized in the French language.
31(6)For the purposes of subsection (4), the District Education Council for each school district organized in the English language shall submit to the Minister the name of at least one councillor of the District Education Council to represent the public.
31(7)For the purposes of subsection (5), the District Education Council for each school district organized in the French language shall submit to the Minister the name of at least one councillor of the District Education Council to represent the public.
31(8)On the recommendation of a provincial curriculum and evaluation advisory committee, the Minister may appoint additional members to that committee.
31(9)On request to the Minister, provision may be made for delegates from organizations with special interests in curriculum and instruction in public schools in the Province or provincial testing and evaluation programs to make presentations at meetings of the provincial curriculum and evaluation advisory committees.
31(10)The plan of organization of each of the provincial curriculum and evaluation advisory committees shall be established by the Minister.
31(11)The Minister shall select a maximum of two employees of the Department of Education and Early Childhood Development to provide support services to the anglophone provincial curriculum and evaluation advisory committee.
31(12)The Minister shall select a maximum of two employees of the Department of Education and Early Childhood Development to provide support services to the francophone provincial curriculum and evaluation advisory committee.
31(13)Members of the provincial curriculum and evaluation advisory committees are appointed for two-year terms and, subject to subsection (14), are eligible for reappointment for only one additional term.
31(14)A member of a provincial curriculum and evaluation advisory committee who has served two terms may be reappointed for subsequent two-year terms if there is difficulty in finding other suitable persons to fill vacant positions on the committee.
31(15)The chair and vice-chair of each provincial curriculum and evaluation advisory committee shall, at its first meeting and every two years after that time, be elected for two-year periods.
31(16)Each provincial curriculum and evaluation advisory committee shall meet at least twice annually, and the chairs of the committees may call other meetings of the committees as they consider necessary.
2001-49; 2010, c.31, s.35; 2016-54; 2021, c.10, s.2
Recommendations from provincial curriculum and evaluation advisory committees
2016-54
32Each provincial curriculum and evaluation advisory committee may recommend policy with respect to
(a) instruction,
(b) curriculum,
(c) pilot, experimental or supplementary courses, or
(d) testing and evaluation.
2016-54
Curriculum development committees and task forces
33(1)Each provincial curriculum and evaluation advisory committee may approve the establishment of curriculum development committees and task forces.
33(2)Members of the curriculum development committees and task forces shall be named by the Minister.
2016-54; 2021, c.10, s.2
Recommendations from curriculum development committees and task forces
34Recommendations from curriculum development committees and task forces established under section 33 shall be submitted, through the relevant provincial curriculum and evaluation advisory committee, to the Minister for approval and implementation or may be referred to the curriculum development committees for further study.
2001-49; 2016-54; 2021, c.10, s.2
Recommendations from teachers, professional groups, voluntary associations and other associations
35Recommendations from teachers, professional groups, voluntary associations and other associations and persons concerned with curriculum and instruction in public schools in the Province shall be received by the employees of the Department of Education and Early Childhood Development selected by the Minister under subsection 31(11) or (12), and forwarded to the relevant curriculum development committee for study and recommendations.
2016-54; 2021, c.10, s.2
Recommendations respecting pilot, experimental or other courses
36Before prescribing pilot, experimental or other courses under section 6 of the Act, the Minister may require that
(a) the courses be submitted to the employees of the Department of Education and Early Childhood Development selected by the Minister under subsection 31(11) or (12) at least nine months before the proposed date of implementation, and
(b) the courses be recommended by either one of the provincial curriculum and evaluation advisory committees.
2016-54; 2021, c.10, s.2
PUPIL EVALUATION
Tests and examinations
37(1)Repealed: 2001-49
37(2)Tests and examinations shall be administered by such persons on such dates and according to such schedules as are determined by the Minister annually and shall be conducted in schools designated by the Minister as achievement testing stations.
37(3)The principal of each school designated as an achievement testing station shall be responsible for the administration of tests and examinations to ensure that the Minister’s instructions are followed.
2001-49; 2021, c.10, s.2
Provincial testing and evaluation advisory committees
Repealed: 2016-54
2016-54
38Repealed: 2016-54
2001-49; 2010, c.31, s.35; 2016-54
PUPIL APPEALS
Notice of suspension and right of appeal
39Where a pupil is suspended from attendance at school under section 24 of the Act, the parent of the pupil or, in the case of an independent pupil, the independent pupil shall, on the date the decision is made, be notified, both verbally and in writing, of the suspension and, where applicable, of the right to appeal the suspension under subsection 24(4) of the Act.
School appeal process
40(1)A person who is entitled to appeal
(a) the suspension of a pupil under paragraph 24(1)(a) of the Act, or
(b) the suspension of a pupil’s conveyance privileges under section 6 of the Pupil Transportation Regulation - Education Act,
may initiate an appeal by giving notice of the appeal, in writing, to the principal of the school within ten teaching days after being notified of the suspension.
40(2)On receipt of notice of an appeal under subsection (1), or at the direction of the superintendent of the school district under paragraph 41(2)(a), the principal shall convene, as soon as is practicable, a school appeals committee, appointed under subsection (3), to hear the appeal.
40(3)Subject to subsection (5), a school appeals committee shall consist of three persons, appointed by the superintendent of the school district, of which
(a) one member shall be a principal, a vice-principal, a guidance counsellor, a district supervisor of instruction or other teacher,
(b) at least one member shall be a parent of a pupil enrolled in the school, appointed from a list of between three and twenty persons submitted annually to the superintendent by the Parent School Support Committee for the school, and
(c) one member shall be a person chosen at the discretion of the superintendent.
40(4)If, for the purpose of appointing a member of a school appeals committee under paragraph (3)(b), the superintendent is unable, after all reasonable attempts to contact and arrange for the appointment of a parent from the list submitted by the Parent School Support Committee, or if the Parent School Support Committee does not submit a list in accordance with paragraph (3)(b), the superintendent may, at the superintendent's discretion, appoint any parent of a pupil enrolled in the school in order that a school appeals committee hearing can be held as soon as is practicable.
40(5)A person referred to in subsection (8) shall not be a member of the school appeals committee, and no member of the school appeals committee shall be a family associate of a person referred to in subsection (8) or be a person who participated in the making of the decision being appealed.
40(6)The school appeals committee shall hold a hearing, as soon as is practicable, to consider the appeal.
40(7)The principal shall determine the date, time and place of the hearing, notify the parties to the appeal and the members of the school appeals committee of such date, time and place at least twenty-four hours before the date of the hearing and make any other necessary arrangement for the hearing.
40(8)The person making the appeal and the person who suspended the pupil have the right to attend the hearing, may be accompanied by any person serving in an advocacy or support capacity, and may submit relevant information and question witnesses.
40(9)Prior to the hearing, each party to the appeal shall ensure that all relevant information and documents respecting the suspension of the pupil and the basis for the appeal are provided to the school appeals committee and to each other.
40(10)The school appeals committee may uphold, vary or revoke the suspension of the pupil.
40(11)The decision of the school appeals committee, with reasons, shall be in writing and shall be forwarded to the parties to the appeal within five teaching days after the hearing.
40(12)A decision of the majority is a decision of the school appeals committee.
40(13)If either party to an appeal is dissatisfied with the decision of the school appeals committee, the decision may be appealed to the district appeals committee by giving notice to the superintendent of the school district, in writing, within five teaching days after receipt of the decision.
2001-49; 2002-43; 2021, c.10, s.2
Appeals to the superintendent
41(1)A person who is entitled to appeal
(a) a decision made in accordance with section 11 or 12 of the Act in respect of the placement of a pupil,
(b) the suspension of a pupil under subsection 24(2) of the Act, or
(c) the denial of access to pupil records under section 54 of the Act,
may initiate an appeal by giving notice of the appeal, in writing, to the superintendent of the school district within ten teaching days after being notified of the decision, the suspension or the denial.
41(2)On receipt of notice of an appeal under subsection (1), the superintendent shall, subject to any policies or directives of the District Education Council,
(a) direct that the appeal be heard by a school appeals committee, or
(b) refer the matter, as soon as is practicable, to the District Education Council.
41(3)Where the superintendent directs that an appeal be heard by a school appeals committee, subsections 40(2) to (13) apply to the appeal.
41(4)On receipt of notice of an appeal under subsection 40(13), the superintendent shall refer the matter, as soon as is practicable, to the District Education Council.
41(5)When a matter is referred to a District Education Council under paragraph (2)(b) or subsection (4), the District Education Council shall convene, as soon as is practicable, a district appeals committee to hear the appeal.
2001-49
Composition of the district appeals committee
42(0.1)The District Education Council concerned shall
(a) serve, as a whole, as the district appeals committee,
(b) appoint a district appeals committee consisting of three or more members of the District Education Council, or
(c) appoint a district appeals committee as provided for in subsection (1).
42(1)Subject to subsection (4), a district appeals committee appointed under paragraph (0.1)(c) shall consist of three persons, appointed by the District Education Council concerned, of which
(a) one member shall be a superintendent, a director of education, a district supervisor of instruction or other teacher,
(b) at least one member shall be a parent of a pupil enrolled in a school in the school district, and
(c) one member shall be a member of the District Education Council.
42(2)Repealed: 2001-49
42(3)Repealed: 2001-49
42(4)A person referred to in subsection 43(3) or who participated in a school appeal respecting the same appeal shall not be a member of the district appeals committee, and no member of the district appeals committee shall be a family associate of a person referred to in subsection 43(3) or be a person who participated in the making of the decision being appealed.
2001-49
District appeals committee procedure
43(1)The district appeals committee shall hold a hearing, as soon as is practicable, to consider the appeal.
43(2)The District Education Council concerned shall determine the date, time and place of the hearing, notify the parties to the appeal and the members of the district appeals committee of such date, time and place at least twenty-four hours before the date of the hearing and make any other necessary arrangement for the hearing.
43(3)The person making the appeal and the person who made the decision in respect of placement, suspended the pupil or denied access to pupil records have the right to attend the hearing, may be accompanied by any person serving in an advocacy or support capacity, and may submit relevant information and question witnesses.
43(4)Prior to the hearing, each party to the appeal shall ensure that all relevant information and documents respecting the decision in respect of placement, suspension of the pupil or denial of access to pupil records and the basis for the appeal is provided to the district appeals committee and to each other.
43(5)The district appeals committee may uphold, vary or revoke the decision of the school appeals committee or the decision in respect of placement, the suspension of the pupil or the denial of access to pupil records, as the case may be.
43(6)The decision of the district appeals committee, with reasons, shall be in writing and shall be forwarded to the parties to the appeal within five teaching days after the hearing.
43(7)A decision of the majority is a decision of the district appeals committee, and the decision of the district appeals committee is final.
2001-49
APPEAL BOARD ON
TEACHER CERTIFICATION
Repealed: 2001-49
2001-49
Prior notice
Repealed: 2001-49
2001-49
44Repealed: 2001-49
2000-10; 2001-49
Composition of the Appeal Board
Repealed: 2001-49
2001-49
45Repealed: 2001-49
2000-10; 2001-49
Eligibility for appointment
Repealed: 2001-49
2001-49
46Repealed: 2001-49
2001-49
Panels of the Appeal Board
Repealed: 2001-49
2001-49
47Repealed: 2001-49
2001-49
Absence of the chair
Repealed: 2001-49
2001-49
48Repealed: 2001-49
2001-49
Initiation of appeal or review
Repealed: 2001-49
2001-49
49Repealed: 2001-49
2000-10; 2001-49
Hearings
Repealed: 2001-49
2001-49
50Repealed: 2001-49
2001-49
Disclosure
Repealed: 2001-49
2001-49
51Repealed: 2001-49
2001-49
Hearing procedure
Repealed: 2001-49
2001-49
52Repealed: 2001-49
2001-49
Decision of the Appeal Board
Repealed: 2001-49
2001-49
53Repealed: 2001-49
2001-49
PROVINCIAL BOARDS OF EDUCATION
Repealed: 2001-49
2001-49
Conflicts with this Regulation
Repealed: 2001-49
2001-49
54Repealed: 2001-49
2001-49
TRANSITIONAL PROVISIONS
Transitional provisions
55(1)Repealed: 2016-54
55(2)Repealed: 2016-54
55(3)Repealed: 2016-54
55(4)Any curriculum development committees and task forces, in existence immediately before the commencement of this Regulation, established under section 48 of New Brunswick Regulation 84-51 under the Schools Act are continued for the purposes of section 33 as if they had been established under that section.
55(5)The members, immediately before the commencement of this Regulation, of any curriculum development committee or task force continued under subsection (4) shall continue as members of the curriculum development committee or task force, as the case may be, for the purposes of section 33 as if they had been named by the Minister under that section.
55(6)Repealed: 2016-54
55(7)Repealed: 2016-54
55(8)Repealed: 2016-54
2016-54; 2021, c.10, s.2
REPEAL
Repeal
56New Brunswick Regulation 84-51 under the Schools Act is repealed.
COMMENCEMENT
Commencement
57This Regulation comes into force on December 29, 1997.
N.B. This Regulation is consolidated to July 1, 2021.