Acts and Regulations

E-1.12 - Education Act

Full text
Document at 1 July 2012
CHAPTER E-1.12
Education Act
Assented to February 28, 1997
Her Majesty, by and with the advice and consent of the Legislative Assembly of New Brunswick, enacts as follows:
2000, c.52, s.1; 2004, c.19, s.1
INTERPRETATION
Definitions
1In this Act
“Appeal Board” means the Appeal Board on Teacher Certification established under section 31;(Commission d’appel)
“councillor” means a councillor of a District Education Council under this Act;(conseiller)
“education plan” means a detailed plan establishing priorities for the improvement of pupils’ educational performance towards the achievement of prescribed learning goals for the official linguistic community;(plan éducatif)
“guardian” includes a person who has received into the person’s home and has had placed under the person’s care and control another person’s child but does not, for the purpose of subsection 9(1), include a person who, in the opinion of the superintendent concerned, has done so solely for the purpose of allowing that child to attend school in another school district;(tuteur)
“independent pupil” means a pupil who has attained the age of nineteen years or is living independently of the parent of the pupil;(élève autonome)
“Minister” means the Minister of Education and Early Childhood Development and includes persons designated by the Minister to act on behalf of the Minister;(Ministre)
“parent” includes guardian;(parent)
“positive learning and working environment” means a safe, productive, orderly and respectable learning and working environment free from bullying, cyberbullying, harassment and other forms of disruptive or non-tolerated behaviour or misconduct, including behaviour or misconduct that occurs outside school hours and off the school grounds to the extent the behaviour or misconduct affects the school environment;(milieu propice à l’apprentissage et au travail)
“public education” means those educational programs and educational services, extending from kindergarten to graduation from high school, provided by the Minister under this Act to persons who are of school age;(instruction publique)
“pupil” means a person who is enrolled in a school established under this Act;(élève)
“resident of the Province” means a person lawfully entitled to be or to remain in Canada, who makes his or her home and is ordinarily present in New Brunswick;(résident de la province)
“school” means a structured learning environment through which public education is provided to a pupil;(école)
“school age” means the age between the date on which a person is required to attend school under subsection 15(1) and the end of the school year in which the person attains the age of twenty-one years;(âge scolaire)
“school buildings” includes any building approved by the Minister as necessary for the operation of a school district;(bâtiment scolaire)
“school district” Repealed: 2000, c.52, s.2
“school personnel” means(personnel scolaire)
(a) superintendents, directors of education and other administrative and supervisory personnel,
(b) school bus drivers,
(c) building maintenance personnel, including custodians,
(d) secretaries and clerks,
(e) teachers,
(f) persons other than teachers engaged to assist in the delivery of programs and services to pupils, and
(g) other persons engaged in support areas such as social services, health services, psychology and guidance;
“school property” includes property leased by or otherwise furnished to the Minister and used for school purposes;(biens scolaires)
“school year” means a year beginning on the first day of July and ending on the thirtieth day of June;(année scolaire)
“serious misconduct” means any behaviour exhibited by a person that is viewed by the school or school district officials as extreme and unacceptable in the New Brunswick public education system, including (inconduite grave)
(a) bullying,
(b) cyberbullying,
(c) hazing or any other form of intimidation,
(d) possessing, using or providing weapons,
(e) possessing, using or selling illegal or dangerous substances or objects,
(f) disseminating hate propaganda material, and
(g) any other behaviour that would reasonably be considered a serious misconduct;
“special education program” means an education program for an exceptional pupil that is based on the results of continuous assessment and evaluation and which includes a plan containing specific objectives and recommendations for education services that meet the needs of the pupil;(programme d’adaptation scolaire)
“student teacher” means a student engaged in practice teaching while enrolled in a teacher education program at any university designated by the Minister;(enseignant stagiaire)
“teacher” means a person holding a teacher’s certificate issued by the Minister and employed in the delivery of public education as a teacher, a principal, a vice-principal, a superintendent, a director of education or a district supervisor of instruction;(enseignant)
“teacher’s certificate” includes an interim teacher’s certificate, a teacher’s licence and a local teacher’s permit.(certificat d’enseignement)
2000, c.52, s.2; 2004, c.19, s.2; 2010, c.31, s.34; 2012, c.21, s.1
ESTABLISHMENT, OPERATION
AND CLOSURE OF SCHOOLS
2000, c.52, s.3
Establishment of schools
2(1)A District Education Council may, with the approval of the Minister and for the purpose of providing public education, establish schools within the school district for which the District Education Council is established.
2(2)All schools established under this section are to be non-sectarian.
2(3)A school for which responsibility is transferred to a District Education Council under subsection 3(2) shall, for the purposes of this Act, be considered to be a school established by the District Education Council.
2000, c.52, s.4
Operation of schools
3(1)A District Education Council shall, in accordance with this Act and through the superintendent of the school district, operate all schools established by the District Education Council under subsection 2(1) and all schools for which responsibility is transferred to the District Education Council under subsection (2).
3(2)The responsibility for the operation of schools in existence on July 1, 2001, within each school district is transferred effective July 1, 2001, from the Minister to the District Education Council that is established for the school district in which the schools are located.
2000, c.52, s.5
Closure of schools
2000, c.52, s.6
3.1A District Education Council may, with the approval of the Minister, close a school established by the District Education Council under subsection 2(1) or any school for which responsibility is transferred to the District Education Council under subsection 3(2).
2000, c.52, s.6
LANGUAGE
Organization of school districts, schools and classes
4(1)Two distinct education sectors are established consisting of
(a) school districts organized throughout the Province in the English language, and
(b) school districts organized throughout the Province in the French language.
4(2)Schools and classes of a school district shall be organized in the official language of the school district.
4(3)The language of instruction in schools and classes of a school district, other than second language instruction, shall be the official language of the school district.
4(4)For each of the two education sectors established under subsection (1), there shall be a dedicated division within the Department of Education and Early Childhood Development to develop and oversee the implementation and evaluation of educational programs and educational services.
4(5)The educational programs and educational services provided within a school district, other than second language instruction, shall be developed, implemented and delivered by persons who speak the official language of the school district and so as to preserve and promote that language and culture.
4(6)Notwithstanding any other provision of this Act, the educational programs and educational services provided within a school district organized in one official language shall not be provided in the other official language for persons who speak that other official language.
2010, c.31, s.34
Entitlement based on linguistic proficiency
5(1)A person entitled to free school privileges under section 8 is entitled
(a) if the person has sufficient linguistic proficiency in only one of the official languages of New Brunswick, to receive those privileges in a school district, school and class organized in that official language,
(b) if the person has sufficient linguistic proficiency in both of the official languages of New Brunswick, to receive those privileges in a school district, school and class organized in either of the official languages,
(c) if the person does not have sufficient linguistic proficiency in either of the official languages of New Brunswick, to receive those privileges in a school district, school and class organized in either of the official languages, or
(d) notwithstanding paragraph (a), if the person’s parent has rights under section 23 of the Canadian Charter of Rights and Freedoms, to receive those privileges in a school district, school and class organized in the French language.
5(2)Where a superintendent has a doubt as to the linguistic proficiency of a person, the superintendent shall administer such tests as the Minister considers necessary to determine the linguistic proficiency of the person.
5(3)A District Education Council shall provide supplementary educational programs and services for a pupil admitted by virtue of paragraph (1)(d) to a school organized in the French language if, in the opinion of the superintendent concerned, such supplementary educational programs and services are required to improve the linguistic skills of that pupil to a level necessary to satisfactorily participate in the instructional program in which that pupil is placed under section 11.
2000, c.52, s.7
LEARNING
Educational goals and standards, curriculum and materials
6The Minister
(a) shall establish educational goals and standards and service goals and standards for public education in each of the education sectors established under subsection 4(1),
(a.1) shall, for each of the education sectors established under subsection 4(1), provide a provincial education plan,
(b) may prescribe or approve
(i) instructional organization, programs, services and courses, including special education programs and services, and evaluation procedures for such instructional organization, programs, services and courses, including special education programs and services,
(ii) pilot, experimental and summer programs, services and courses, including special education programs and services, and
(iii) instructional and other materials and equipment for use in the delivery of any program, service, course or evaluation procedure under this Act,
(b.1) may conduct tests and examinations in any grade or level,
(b.2) may establish provincial policies and guidelines related to public education within the scope of this Act, and
(c) may approve or recommend books and other learning resources for school libraries.
2000, c.52, s.8
Local programs and services
2000, c.52, s.9
6.1A District Education Council may, in accordance with the needs of the pupils and the resources of the school district for which the District Education Council is established and in accordance with any provincial policies established by the Minister,
(a) subject to the approval of the Minister, provide for the development and delivery of instructional programs, services and courses unique to the character and economy of the community, and
(b) select, from among the optional instructional programs, services and courses prescribed by the Minister, those to be offered in each school in the school district for which the District Education Council is established.
2000, c.52, s.9
Programs and services in relation to aboriginal education
7The Minister may prescribe or approve programs and services which
(a) respond to the unique needs of Mi’kmaq and Maliseet children in accordance with any agreement entered into under paragraph 50(2)(b), and
(b) foster an understanding of aboriginal history and culture among all pupils.
2000, c.52, s.10
School privileges
8(1)Subject to subsection (2), the Minister shall provide free school privileges under this Act for every person who is of school age and who
(a) has not graduated from high school, and
(b) is a resident of the Province.
8(2)Subsection (1) does not relieve the Government of Canada of any obligation in respect of the education of any person whose education is the constitutional responsibility of the Government of Canada.
8(3)The Minister may, in accordance with and subject to such terms and conditions as may be prescribed by regulation, provide free school privileges to such other persons or categories of persons as may be prescribed by regulation.
8(4)The Minister may, in accordance with and subject to such terms and conditions and fees as may be prescribed by regulation, provide school privileges to such persons or categories of persons not entitled under subsection (1) or (3) to receive free school privileges as may be prescribed by regulation.
Determination of pupil’s residency
9(1)For the purposes of paragraph 8(1)(b) and regulating the placement of pupils under section 11 or 12, the residence of a pupil means
(a) if the pupil has not attained the age of nineteen years or is not living independently of the parent of the pupil, the ordinary place of residence of the parent of the pupil, or
(b) if the pupil has attained the age of nineteen years or is living independently of the parent of the pupil, the ordinary place of residence of the pupil.
9(2)For the purposes of subsection (1) and the definition “independent pupil”, the superintendent concerned shall, at the written request of the pupil or the parent of the pupil, determine whether or not the pupil is living independently of the parent of the pupil.
2000, c.52, s.11
Proof of immunization
10(1)A superintendent shall refuse admission to a pupil entering school for the first time who does not provide satisfactory proof of the immunizations required under the Health Act or the regulations under that Act.
10(2)Subsection (1) does not apply to a pupil whose parent provides
(a) a medical exemption, on a form provided by the Minister and signed by a medical practitioner, or
(b) a written statement, on a form provided by the Minister and signed by the parent, of the parent’s objection for reasons of conscience or religious belief to the immunizations required under the Health Act or the regulations under that Act.
Placement of pupils
11(1)The superintendent concerned shall determine the placement of pupils in classes, grades, programs, services and schools according to the needs of the pupils and the resources of the school district.
11(2)For the purposes of placement, kindergarten shall be considered the first year of public education.
11(3)The parent of a pupil or an independent pupil may, in accordance with the regulations, appeal a decision made under subsection (1) or section 12 in respect of the placement of the pupil.
11(4)A decision made by a superintendent under subsection (1) shall be made
(a) subject to any policies or directives of the District Education Council concerned, and
(b) only with respect to pupils who are enrolled in a school in the school district or who reside in the school district for which the superintendent is appointed or reappointed.
1997, c.66, s.1; 2000, c.52, s.12
Programs and services for exceptional pupils
12(1)Where the superintendent concerned, after consulting with qualified persons, determines that the behavioural, communicational, intellectual, physical, perceptual or multiple exceptionalities of a person are contributing to delayed educational development such that a special education program is considered by the superintendent to be necessary for the person, that person shall be an exceptional pupil for the purposes of this Act.
12(2)The superintendent concerned shall ensure that the parent of a pupil is consulted during the process of the determination referred to in subsection (1), and in the process of developing special education programs and services for the pupil.
12(3)The superintendent concerned shall place exceptional pupils such that they receive special education programs and services in circumstances where exceptional pupils can participate with pupils who are not exceptional pupils within regular classroom settings to the extent that is considered practicable by the superintendent having due regard for the educational needs of all pupils.
12(4)Where an exceptional pupil is not able to receive a special education program or service in a school due to
(a) fragile health, hospitalization or convalescence, or
(b) a condition or need which requires a level of care that cannot be provided effectively in a school setting,
the superintendent concerned may deliver the program or service in the pupil’s home or other alternative setting.
12(5)The Minister may issue policies to District Education Councils for the declaration of exceptional pupils under subsection (1) and the placement of exceptional pupils under subsection (3).
12(6)A decision made by a superintendent under subsection (1) or (3) shall be made
(a) subject to any policies or directives of the District Education Council concerned,
(b) subject to any policies issued by the Minister under subsection (5), and
(c) only with respect to pupils who are enrolled in a school in the school district or who reside in the school district for which the superintendent is appointed or reappointed.
1997, c.66, s.2; 2000, c.52, s.13
Roles of parents
13(1)In support of the learning success of his or her child and the learning environment at the school, a parent is expected to
(a) encourage his or her child to attend to assigned homework,
(b) communicate reasonably with school personnel employed at the school his or her child attends as required in the best interests of the child and the school community,
(c) cause his or her child to attend school as required by this Act,
(d) ensure the basic needs of his or her child are met, and
(e) have due care for the conduct of his or her child at school and while on the way to and from school.
13(2)The parent of a pupil has a right to reasonable consultation with the pupil’s teacher or the principal of the school the pupil attends with respect to the education of the pupil.
13(3)It is the responsibility of the parent of a pupil and of school personnel to conduct themselves in a respectful manner and to follow established procedures when involved in communications concerning the pupil.
2012, c.21, s.2
Duties of pupils
14(1)It is the duty of a pupil to
(a) participate in learning opportunities to his or her potential,
(b) accept increasing responsibility for his or her learning as he or she progresses through his or her schooling,
(c) attend to assigned homework,
(d) attend school regularly and punctually,
(e) contribute to a safe and positive learning environment,
(f) be responsible for his or her conduct at school and while on the way to and from school,
(g) respect the rights of others, and
(h) comply with all school policies.
14(2)It is the right of a pupil to be informed of his or her educational progress on a regular basis.
Compulsory attendance
15(1)Except as provided in section 16 and subject to subsection (2), a child is required to attend school in the school in which the child is placed by the superintendent concerned under section 11
(a) beginning on the first school day of a given school year if, on or before the thirty-first day of December of that school year, the child will have attained the age of five years, and
(b) until the child graduates from high school or attains the age of eighteen years.
15(2)The parent of a child referred to in paragraph (1)(a) may defer the attendance of his or her child until the first school day of the next school year if the child has not attained the age of five years on or before the first day of September of a given school year.
15(3)For the purposes of this Act, the reference in paragraph (1)(b) to eighteen years shall, until July 1, 1999, be read as a reference to sixteen years.
15(4)The principal of a school or such other person as may be designated by the superintendent concerned shall, subject to any policies or directives of the District Education Council concerned, examine every case of non-compliance with subsection (1) in the school.
15(5)When the examination warrants it, the principal or such other person as may be designated by the superintendent concerned shall, by way of a written notice,
(a) notify the superintendent of the case, and
(b) notify the parent of the child of the case and the consequences of non-compliance.
15(6)On receipt of the notice referred to in paragraph (5)(b), unless the child is excused from attendance as provided by this Act or the regulations, the parent of the child shall immediately cause the child to attend school.
15(7)A parent who violates or fails to comply with subsection (6) commits an offence punishable under Part II of the Provincial Offences Procedure Act as a category C offence.
15(8)Subsection (7) does not apply if the child concerned has attained the age of sixteen years.
2000, c.52, s.14
Exceptions
16(1)A child is not required to attend school if the child
(a) is unable to attend school by reason of the child’s sickness or other unavoidable cause,
(b) is officially excluded from attendance under this Act or the regulations,
(c) is absent on a day regarded as a holy day by the religious denomination of the child or the parent of the child, or
(d) in circumstances considered exceptional by the Minister, is exempted from attendance in writing by the Minister.
16(2)The Minister shall, on application of the parent of a child, exempt in writing the child from attending school where the Minister is satisfied that the child is under effective instruction elsewhere.
Employment of children during school hours
17(1)Where a child is required by this Act to be in attendance at school, no person shall employ that child during his or her school hours.
17(2)A person who violates or fails to comply with subsection (1) commits an offence punishable under Part II of the Provincial Offences Procedure Act as a category C offence.
Burden of proof of age of child
(a) a person is charged with an offence
(i) under section 15 in respect of a child who is alleged to be between the ages of five and fifteen years inclusive, or
(ii) under section 17 in respect of a child who is alleged to be between the ages of five and seventeen years inclusive, and
(b) the child appears to the court to be within those ages,
the child is deemed to be within those ages unless the contrary is proved.
18(2)For the purposes of this Act, the reference in subparagraph (1)(a)(ii) to seventeen years shall, until July 1, 1999, be read as a reference to fifteen years.
Referral to the Minister of Social Development
2000, c.26, s.95; 2008, c.6, s.11
19Where a parent neglects or refuses to ensure that his or her child attends school as required by this Act and, in the opinion of the superintendent concerned, the child’s security or development may be in danger, the superintendent shall refer the matter to the Minister of Social Development for investigation under the Family Services Act.
2000, c.26, s.95; 2008, c.6, s.11
Acute communicable disease or acute communicable infestation
20(1)A principal may exclude from school property a pupil who is or is suspected to be affected with an acute communicable disease or an acute communicable infestation.
20(2)Where a pupil has been excluded from school property under this section, the principal may require the pupil to produce a medical certificate of freedom from contagion or infestation before allowing the pupil to return to school.
Order and discipline
21(1)Subject to the authority of the District Education Council concerned under subsection 45(2), every teacher has a general oversight of school property while being used for school purposes.
21(2)Subject to any policies or directives of the District Education Council concerned, every teacher shall
(a) maintain proper order and discipline in or on school property,
(b) maintain proper order and discipline on the part of pupils under the teacher’s supervision during school activities off school property, and
(c) have due care for the conduct of pupils while on their way to and from school.
21(3)When performing the duties of a student teacher, a student teacher has the same powers and responsibilities as a teacher under this Act in respect of the maintenance of order and discipline.
2000, c.52, s.15
Improper conduct
22(1)Where a person creates or attempts to create a disturbance in or on school property while being used for school purposes, a teacher may exclude that person from the school property.
22(2)Where under subsection (1) a teacher attempts to exclude a person from school property and that person refuses to immediately leave the school property that person commits an offence punishable under Part II of the Provincial Offences Procedure Act as a category C offence.
22(3)Where a person, in or on school property,
(a) uses threatening or abusive language, or
(b) speaks or acts in such a way as to impair the maintenance of order and discipline in or on the school property,
that person commits an offence punishable under Part II of the Provincial Offences Procedure Act as a category C offence.
Corporal punishment
23A teacher shall not discipline any pupil by administering corporal punishment.
Suspension of pupils
24(1)A principal may for cause suspend
(a) a pupil from attendance at school
(i) for a fixed period of time not exceeding five consecutive school days, or
(ii) pending a review of the matter and decision under subsection (2) by the superintendent concerned, or
(b) any other school privilege of a pupil
(i) for such period of time as is determined by the principal, or
(ii) pending a review of the matter and decision under subsection (2) by the superintendent concerned.
24(2)The superintendent concerned may for cause suspend any or all school privileges of a pupil for such period of time as is determined by the superintendent.
24(3)Where a principal suspends a pupil under paragraph (1)(a), the principal shall immediately report the matter in writing to the superintendent concerned.
24(4)In accordance with the regulations, the parent of a pupil or an independent pupil may, where the pupil is suspended from attendance at school under this section for more than five school days in a school year, appeal the most recent suspension from attendance at school.
24(5)Where a pupil’s school privileges are suspended under this section and not reinstated on an appeal of the suspension under subsection (4), the pupil’s school privileges shall not be reinstated, despite the expiry of the period of time of the suspension, unless assurance of the pupil’s reform is received from the pupil.
24(6)A principal may, for the purposes of this section, designate a vice-principal of the school to act on behalf of the principal.
24(7)Where any or all of the school privileges of a pupil are suspended under this section, and the pupil transfers to another school district before the expiry of the period of time of the suspension, the superintendent of the school district to which the pupil has transferred may, on a review of the circumstances, uphold, shorten the period of time of or waive the suspension.
1997, c.66, s.3; 2000, c.52, s.16
Destruction of school property
25Where school property is destroyed, damaged, lost or converted by the intentional act of a child, the child and the child’s parents are jointly and severally liable to the Minister in respect of the act of the child.
New Brunswick high school diploma
26A New Brunswick high school diploma shall be granted to pupils enrolled in the public education program provided under this Act who successfully complete a program of studies prescribed by the Minister.
TEACHING
Duties of teachers
27(1)The duties of a teacher employed in a school include
(a) implementing the prescribed curriculum,
(b) identifying and implementing learning and evaluation strategies that foster a positive learning environment aimed at helping each pupil achieve prescribed learning outcomes,
(b.1) implementing the positive learning and working environment plan,
(c) maintaining a deportment consistent with his or her position of trust and influence over young people,
(d) exemplifying and encouraging in each pupil the values of truth, justice, compassion and respect for all persons,
(e) attending to the health and well-being of each pupil,
(f) maintaining his or her professional competence, and
(g) assisting in the development and implementation of the school improvement plan and cooperating in the preparation of the school performance report.
27(2)A teacher employed in a school is accountable to the superintendent of the school district through the principal of the school for the performance of the teacher’s duties and the overall educational progress of the pupils under the teacher’s instruction.
2012, c.21, s.3
Duties of principals
28(1)The principal of a school
(a) is the educational leader and administrator of the school and has overall responsibility for the school and for the teachers and other school personnel employed at the school, and
(b) is accountable to the superintendent of the school district for the performance of the principal’s duties and the overall educational progress of the pupils enrolled in the school.
28(2)The duties of a principal include
(a) preparing, in consultation with the Parent School Support Committee and the school personnel, a school improvement plan and coordinating its implementation,
(b) preparing, for parents of the pupils enrolled in the school, an annual school performance report, and ensuring that that report is communicated to those parents and the school community,
(b.1) submitting annually to the District Education Council concerned, through the superintendent of the school district, a copy of the school improvement plan and a copy of the annual school performance report,
(c) ensuring that reasonable steps are taken to create and maintain a safe, positive and effective learning environment,
(c.1) ensuring that a positive learning and working environment plan is developed and implemented, in collaboration with the Parent School Support Committee at the school and, where appropriate, with students, and report regularly to the Parent School Support Committee at the school and the superintendent of the school district with respect to the progress and effectiveness of the plan,
(c.2) to report any incident of serious misconduct to the superintendent of the school district,
(d) participating in the selection of school personnel for the school,
(e) encouraging and facilitating the professional development of teachers and other school personnel employed at the school,
(f) evaluating the performance of teachers and other school personnel employed at the school,
(g) being accountable and responsible for funds provided to and raised for the school,
(h) ensuring that provincial, school district and school policies are followed, and
(i) ensuring the establishment of and participating in the operation of a Parent School Support Committee at the school.
2000, c.52, s.17; 2012, c.21, s.4
Teacher education
29The Minister
(a) shall provide for a system of teacher education,
(b) may enter into an agreement with any university providing for the establishment, maintenance and conduct of teacher education programs by the university, on such terms and conditions as the Minister and the university may agree, and
(c) may make the schools available for the practice teaching component of a teacher education program established under any agreement entered into under paragraph (b).
Teacher certification
30(1)In this section
“conditional teacher’s certificate” means a teacher’s certificate that is valid subject to the fulfillment of such conditions as are specified by the Minister or the Appeal Board, as the case may be.
“non-professional conduct” Repealed: 2000, c.52, s.18
30(2)The Minister shall provide a system of teacher certification for the purposes of establishing certification standards and for the issuance, conversion, suspension, revocation and reinstatement of teachers’ certificates.
30(3)The Minister may for cause
(a) issue to an applicant a conditional teacher’s certificate, or
(b) refuse to issue to an applicant a teacher’s certificate.
30(4)The Minister may for cause, as the Minister considers appropriate in the circumstances,
(a) convert a teacher’s certificate to a conditional teacher’s certificate,
(b) suspend a teacher’s certificate for a definite period of time not to exceed one year,
(c) suspend a teacher’s certificate for an indefinite period of time until such conditions as are specified by the Minister at the time of the suspension have been met,
(d) suspend a teacher’s certificate for an indefinite period of time pending review and decision by the Appeal Board,
(e) revoke a teacher’s certificate for a definite period of time not to exceed ten years, or
(f) permanently revoke a teacher’s certificate.
30(5)A person whose teacher’s certificate has been suspended or revoked under subsection (4) shall not teach in a school during the period of suspension or revocation, as the case may be.
30(6)A teacher’s certificate suspended under paragraph (4)(b) is automatically reinstated on the expiry of the period of suspension.
30(7)A teacher’s certificate suspended under paragraph (4)(c) shall be reinstated once the Minister is satisfied that the conditions specified by the Minister at the time of the suspension have been met.
30(8)A teacher’s certificate suspended under paragraph (4)(d) shall be reinstated, converted to a conditional teacher’s certificate, suspended or revoked in accordance with the decision of the Appeal Board.
30(9)A person whose teacher’s certificate has been revoked under paragraph (4)(e) may, after the expiry of the period of revocation, apply to the Minister, in accordance with the regulations and subject to the same requirements that exist for new applicants, for the issuance of a new teacher’s certificate.
30(10)Where the Minister acts under subsection (3) or (4), the Minister shall in writing immediately notify the applicant or the teacher, as the case may be,
(a) of the decision of the Minister, and
(b) subject to subsection 31(3), of the right to appeal the decision under section 31.
30(11)A decision of the Minister under this section does not constitute disciplinary action for the purposes of the Public Service Labour Relations Act, and is not subject to grievance or adjudication under that Act or a collective agreement under that Act.
30(12)Repealed: 2000, c.52, s.18
30(13)Repealed: 2000, c.52, s.18
2000, c.52, s.18
Appeal Board on Teacher Certification
31(1)There is established an Appeal Board on Teacher Certification consisting of such persons as are appointed by the Lieutenant-Governor in Council in accordance with the regulations.
31(2)Subject to subsection (3), an applicant or a teacher affected by a decision of the Minister under section 30 may, by notice in writing, appeal the decision to the Appeal Board.
31(3)A decision of the Minister under paragraph 30(3)(b) to refuse to issue a teacher’s certificate may not be appealed if the grounds for such refusal pertain to insufficient credentials for certification.
31(4)The Minister may refer a matter under paragraph 30(4)(d) or any other matter relating to the issuance, conversion, suspension and revocation of teachers’ certificates to the Appeal Board for review and decision.
31(5)The Appeal Board shall hear, determine or otherwise deal with any matter appealed to it under subsection (2) or referred to it under subsection (4), and may confirm, vary or rescind the decision of the Minister under section 30 or otherwise dispose of the matter referred to it.
31(6)The decision of the Appeal Board under this section is final and shall not be questioned or reviewed in any court.
31(7)Notwithstanding subsection (6), the Appeal Board may at any time, where it considers it advisable to do so, on application or of its own motion reconsider any decision made by it and may vary or revoke any such decision.
31(8)The Appeal Board, for the purposes of this Act, is vested with all the powers and privileges of commissioners under the Inquiries Act.
NON-PROFESSIONAL CONDUCT
2000, c.52, s.19
Mandatory reporting of non-professional conduct
2000, c.52, s.19
31.1(1)In this section
“administrative proceedings” includes hearings before an adjudicator under the Public Service Labour Relations Act and hearings before the Appeal Board;
“professional person” means a professional person as defined in subsection 30(10) of the Family Services Act.
31.1(2)In this section and in paragraph 57(1)(w.3)
“non-professional conduct” means conduct having or likely to have an injurious effect on the physical, mental, social or emotional well-being of a pupil, or any other person under the age of nineteen years.
31.1(3)A superintendent shall report to the Minister the name of any teacher or other member of the school personnel
(a) who has been convicted of an indictable offence under the Criminal Code (Canada),
(b) who, in the case of a teacher, the superintendent has reasonable grounds to believe has committed an act which may be grounds for the suspension or revocation of the teacher’s certificate, or
(c) who is being investigated, who is seeking to resign or against whom disciplinary action is being contemplated because of non-professional conduct or alleged non-professional conduct.
31.1(4)A member of the school personnel shall immediately report to the superintendent concerned the name of any member of the school personnel who he or she has reasonable grounds to believe has engaged in non-professional conduct.
31.1(5)A professional person who is not a member of the school personnel shall immediately report to the Minister the name of any member of the school personnel who he or she has reasonable grounds to believe has engaged in non-professional conduct.
31.1(6)This section applies notwithstanding that the person has acquired the information through the discharge of his or her duties or within a confidential relationship.
31.1(7)A person who fails to comply with subsection (3), (4) or (5) commits an offence punishable under Part II of the Provincial Offences Procedure Act as a category F offence.
31.1(8)No action lies for damages or otherwise against a person in relation to anything done or purported to be done in good faith, or in relation to anything omitted to be done in good faith, in the execution or intended execution of the duty to report under this section.
31.1(9)Except in the course of judicial or administrative proceedings, no person shall reveal the identity of a person who has given information under this section without that person’s written consent.
31.1(10)A person who violates subsection (9) commits an offence punishable under Part II of the Provincial Offences Procedure Act as a category H offence.
31.1(11)No disciplinary action may be taken against, and no resignation may be accepted from, a member of the school personnel as a result of non-professional conduct or alleged non-professional conduct, nor is any agreement in relation to such disciplinary action or resignation valid, without the prior approval of the Minister.
31.1(12)The Minister may, prior to any disciplinary action being taken against a member of the school personnel, take such action as the Minister considers appropriate if, in the opinion of the Minister, a matter reported to the Minister under this section
(a) has been inadequately investigated, or
(b) may result in inappropriate disciplinary action against a member of the school personnel.
31.1(12.1)Notwithstanding subsection (12), the Minister may, at any time, act under section 30.
31.1(13)Notwithstanding any provision in any collective agreement under the Public Service Labour Relations Act, any information maintained in the file of a member of the school personnel with respect to a resignation or disciplinary action taken in relation to non-professional conduct shall not be removed.
2000, c.52, s.19
GOVERNANCE
Establishment of Parent School Support Committees
2000, c.52, s.20
32(1)There shall be a Parent School Support Committee for each school under this Act.
32(2)A Parent School Support Committee shall have no fewer than six and no more than twelve members, the exact number of which shall be determined in accordance with such guidelines as may be established by the District Education Council concerned.
32(3)The majority of the members of a Parent School Support Committee shall be parents of pupils enrolled in the school or persons nominated by parents of pupils enrolled in the school as representatives of those parents.
32(4)The members of a Parent School Support Committee referred to in subsection (3) shall, in accordance with the regulations,
(a) be elected to the Parent School Support Committee by parents of pupils enrolled in the school, or
(b) where vacancies exist following an election under paragraph (a), be appointed to the Parent School Support Committee by the persons elected to the Parent School Support Committee under paragraph (a).
32(4.1)Except as provided for in subsection (5), school personnel who are employed in a school are not eligible to be elected or appointed to or to serve as a member of the Parent School Support Committee for that school.
32(5)One teacher employed at the school, elected by the teachers employed at the school in accordance with such guidelines as are established by the District Education Council concerned, shall be a member of the Parent School Support Committee.
32(6)In a school where a high school program is provided, a pupil of the school enrolled at the high school level, elected by pupils of the school in accordance with such guidelines as are established by the District Education Council concerned, shall be a member of the Parent School Support Committee.
32(6.1)Subject to subsections (2) and (3), in a school where a high school program is not provided, the members of a Parent School Support Committee elected or appointed to the Parent School Support Committee under subsection (4) may, in accordance with such guidelines as are established by the District Education Council concerned, appoint one pupil from the school as a member of the Parent School Support Committee.
32(7)Subject to subsections (2) and (3), the members of a Parent School Support Committee elected or appointed to the Parent School Support Committee under subsection (4) may, in accordance with the regulations, appoint one or two persons to the Parent School Support Committee as community members.
32(7.1)Notwithstanding subsections (2) and (4), where a Home and School Association or Comité de parents is organized at a school, the Home and School Association or Comité de parents, as the case may be, may appoint a parent of a pupil enrolled in the school as an additional member of the Parent School Support Committee.
32(8)The principal of the school shall attend and participate in all meetings of the Parent School Support Committee.
32(8.1)A member of a District Education Council may attend and participate in any meeting of a Parent School Support Committee for a school in the school district for which the District Education Council is established.
32(9)Notwithstanding subsection (1), the District Education Council concerned may
(a) in circumstances prescribed by regulation, group two or more schools together for the purpose of establishing one Parent School Support Committee for those schools, and
(b) in circumstances prescribed by regulation, exempt a school from the requirement of having a Parent School Support Committee.
32(10)Notwithstanding subsections (2) and (4), the District Education Council concerned may
(a) in circumstances prescribed by regulation, provide for the transfer of members from one Parent School Support Committee to another Parent School Support Committee, and
(b) where necessary in order to give effect to paragraph (a), permit the size of the Parent School Support Committee to which the members are transferred to exceed the maximum size permitted under subsection (2).
2000, c.52, s.21
Duties of the Parent School Support Committees
2000, c.52, s.22
33(1)A Parent School Support Committee shall advise the principal of the school respecting the establishment, implementation and monitoring of the school improvement plan which may include
(a) strategies for ensuring the language and culture of the school preserve and promote the language and culture of the official linguistic community for which the school is organized,
(b) the school mission,
(c) strategies for establishing school policies related to education, language and culture,
(d) strategies for providing communication between the school and families residing in the area served by the school, and encouraging family involvement in the school,
(e) strategies for establishing partnerships with the community to improve the quality of learning within the school,
(f) strategies for developing a school climate and conditions to improve the quality of learning and teaching within the school,
(g) strategies for establishing a positive pupil climate within the school, and
(h) strategies for improving school property and facilitating use of the school by the community.
33(1.1)The Parent School Support Committee at the school shall advise the principal of the school respecting the establishment, implementation and monitoring of the positive learning and working environment plan, which may include
(a) strategies and practices to promote respectful behaviour and a positive and inclusive social climate for all students and staff,
(b) strategies and programs to prevent disrespectful behaviour or misconduct,
(c) policies and practices to address disrespectful behaviour or misconduct in a timely manner and in a way that teaches and reinforces respect for other persons, and
(d) appropriate support strategies for students participating in disrespectful behaviour and students who have been affected by the disrespectful behaviour of others.
33(2)A Parent School Support Committee shall
(a) through the chair of the Parent School Support Committee, or another member designated by the Parent School Support Committee, who must be a parent of a pupil enrolled in the school, participate in the selection of the principal or any vice-principal of the school,
(b) review the results of the school performance report,
(c) advise the principal of the school in the development of school policies prepared in accordance with district and provincial policies,
(d) provide, on the request of the superintendent concerned, input into any performance evaluation of the principal or any vice-principal of the school in matters relating to the duties of the Parent School Support Committee under this section, and
(e) communicate with the District Education Council concerned with respect to matters relating to the duties of the Parent School Support Committee under this section.
2000, c.52, s.23; 2012, c.21, s.5
Establishment of district parent advisory councils
Repealed: 2000, c.52, s.24
2000, c.52, s.24
34Repealed: 2000, c.52, s.25
2000, c.52, s.25
Duties of district parent advisory councils
Repealed: 2000, c.52, s.26
2000, c.52, s.26
35Repealed: 2000, c.52, s.27
2000, c.52, s.27
Authority to reject appointments
Repealed: 2000, c.52, s.28
2000, c.52, s.28
36Repealed: 2000, c.52, s.29
2000, c.52, s.29
Establishment of District Education Councils
2000, c.52, s.30
36.1One District Education Council shall be established for each school district.
2000, c.52, s.30
Legal status of District Education Councils
2000, c.52, s.30
36.11(1)A District Education Council is a body corporate and shall hold those rights and obligations as are provided to the District Education Council under this Act.
36.11(2)A District Education Council, in its name, may sue and be sued.
36.11(3)Where a District Education Council sues or is sued, or is named in a complaint under the Human Rights Act and is alleged to have violated that Act, and the Minister is not a party to the action or named in the complaint, the District Education Council shall immediately notify the Minister of the action or the complaint.
36.11(4)Where the Minister is notified of an action or complaint under subsection (3), the Minister may intervene in the action or complaint if, in the opinion of the Minister, the action or complaint
(a) might affect the Minister or the Province, or
(b) might have implications that would extend beyond the school district concerned.
2000, c.52, s.30
Composition of District Education Councils
2000, c.52, s.30
36.2(1)The Lieutenant-Governor in Council shall by regulation determine the number of councillors for each District Education Council.
36.2(2)Councillors shall be elected as provided in this Act.
36.2(3)Notwithstanding subsections (1) and (2), in school districts prescribed by regulation, the Minister shall appoint one additional councillor who is a member of the Mi’kmaq or Maliseet first nation and who resides in the school district.
36.2(3.1)Notwithstanding subsections (1) and (2), the Minister shall appoint to each District Education Council in accordance with the regulations, if any, one additional councillor who is a pupil and who resides in the school district.
36.2(4)One councillor shall be elected to a District Education Council for each of the subdistricts referred to in subsection 36.21(1).
36.2(5)Notwithstanding subsection (4), where two or more subdistricts have been combined into an electoral zone, the councillors to be elected from that electoral zone shall be
(a) equal in number to the number of subdistricts comprising the electoral zone, and
(b) elected at large within that electoral zone.
2000, c.52, s.30; 2009, c.33, s.1
Subdistricts and electoral zones
2000, c.52, s.30
36.21(1)For the purpose of the election of councillors, the Lieutenant-Governor in Council, on the recommendation of the Minister, shall by regulation divide each school district into a number of subdistricts equal to the number of councillors for that school district.
36.21(2)The Lieutenant-Governor in Council, on the recommendation of the Minister after consultation with the District Education Council concerned, may by regulation
(a) alter the number of subdistricts within a school district, or
(b) alter the boundaries of one or more subdistricts within a school district.
36.21(3)The Lieutenant-Governor in Council, on the recommendation of the Minister after consultation with the District Education Council concerned, no later than the thirty-first day of October in the year before the year in which a District Education Council election is to be held, may by regulation
(a) eliminate an existing electoral zone, or
(b) combine two or more subdistricts into an electoral zone.
36.21(4)Notwithstanding subsection (3), the Lieutenant-Governor in Council, on the recommendation of the Minister, may by regulation combine two or more subdistricts into an electoral zone for the purpose of the District Education Council elections to be held in May 2001.
2000, c.52, s.30
District Education Council elections
2000, c.52, s.30
36.3(1)District Education Council elections shall be held on the same day as quadrennial elections under the Municipalities Act.
36.3(2)Where a first District Education Council election is held in accordance with section 36.8 within one year before the date fixed under subsection (1) for a regular District Education Council election, the second election for that District Education Council shall be held at the second subsequent regular District Education Council election.
36.3(3)Except for provisions inconsistent with this Act or the regulations under this Act and for provisions relating to by-elections, the provisions of the Municipal Elections Act and the regulations under that Act are adopted for the purposes of and apply with the necessary modifications to District Education Council elections.
36.3(4)Repealed: 2007, c.79, s.65
36.3(5)Notwithstanding subsection 17(1) of the Municipal Elections Act, a person is not eligible to nominate and shall not nominate a candidate for the office of councillor unless that person is a parent of a pupil enrolled in a school in the school district for which the candidate is offering.
36.3(6)Repealed: 2004, c.1, s.37
36.3(7)Where in a provision of the Municipal Elections Act or the regulations under that Act, as adopted under subsection (3), the word “council” or “municipality” is found, for the purposes of this Act the words “District Education Council” or “school district” respectively shall be substituted.
36.3(8)The Lieutenant-Governor in Council may authorize the Municipal Electoral Officer to designate persons to act on behalf of the Municipal Electoral Officer for the purposes of this Act.
36.3(9)A person who violates or fails to comply with an adopted provision that is listed in Column I of Schedule A of the Municipal Elections Act commits an offence under this Act.
36.3(10)For the purposes of Part II of the Provincial Offences Procedure Act, each offence referred to in subsection (9) is punishable as an offence of the category listed in Column II of Schedule A of the Municipal Elections Act beside the section number of the adopted provision to which the offence relates.
36.3(11)For the purposes of subsections (9) and (10), “adopted provision” means a provision of the Municipal Elections Act that is adopted with the necessary modifications under this section, or is adopted as modified under this section, as the case may be.
2000, c.52, s.30; 2004, c.1, s.37; 2004, c.2, s.16; 2007, c.79, s.65
Eligibility for voting in a District Education Council election
2000, c.52, s.30
36.31(1)Subject to subsection (2), every person who
(a) is eighteen years of age as of the day of the election,
(b) has been ordinarily resident in the Province for the period of time referred to in paragraph 13(1)(b) or (1.1)(b) of the Municipal Elections Act, as is appropriate in the circumstances,
(c) is ordinarily resident in the electoral zone, or where an electoral zone has not been established, the subdistrict on election day, and
(d) is a Canadian citizen,
is entitled to vote in a District Education Council election held in the electoral zone, or where an electoral zone has not been established, in the subdistrict in which the person is ordinarily resident.
36.31(2)A person is not entitled to vote and shall not vote in a District Education Council election if the person is not eligible to vote under paragraph 13(2)(c) of the Municipal Elections Act.
2000, c.52, s.30; 2004, c.1, s.37
Declaration of school district
2000, c.52, s.30
36.4(1)A person shall, prior to voting, declare either the school district organized in the English language or the school district organized in the French language as the school district in relation to which the person intends to vote.
36.4(2)Repealed: 2007, c.79, s.65
36.4(3)A person is entitled to vote only in relation to the school district declared under subsection (1).
2000, c.52, s.30; 2007, c.79, s.65
Eligibility for candidacy in a District Education Council election
2000, c.52, s.30
36.41(1)Subject to subsection (2), a person may be a candidate for the office of councillor in an electoral zone or, where an electoral zone has not been established, in a subdistrict if the person
(a) is entitled to vote under section 36.31, and
(b) is a resident of the electoral zone or, where an electoral zone has not been established, of the subdistrict for which the person is offering when nominated.
36.41(2)School personnel and employees of the Department of Education and Early Childhood Development are not eligible to be elected or appointed to or to serve as a councillor.
2000, c.52, s.30; 2004, c.19, s.3; 2010, c.31, s.34
Declaration of language
2000, c.52, s.30
36.5A candidate for the office of councillor shall certify on the candidate’s nomination paper that the candidate is willing to discharge the duties of the office of councillor in the official language on the basis of which the school district, for which the candidate is offering, is organized.
2000, c.52, s.30
Incomplete elections
2000, c.52, s.30
36.51(1)Notwithstanding subsection 36.2(2), where a District Education Council election fails to result in the election of
(a) a councillor for a subdistrict, or
(b) the required number of councillors for an electoral zone,
the Minister shall, subject to subsection (2) and in accordance with the regulations, appoint that number of councillors required to fill the vacant positions from among candidates nominated, in accordance with the regulations, by the District Education Council.
36.51(2)A person is eligible for appointment to a District Education Council under subsection (1) if the person is eligible under section 36.41 to be a candidate for the office of councillor in the electoral zone or, where an electoral zone has not been established, in the subdistrict in which the vacant position exists.
2000, c.52, s.30; 2004, c.19, s.4
Commencement of office
2000, c.52, s.30
36.6Each District Education Council shall take office the first day of July following the District Education Council elections.
2000, c.52, s.30; 2004, c.19, s.5
Term of office
2000, c.52, s.30
36.7(1)Subject to subsection (4), the term of office of every elected councillor is four years commencing the first day of July following the District Education Council elections and ending the thirtieth day of June following the next elections.
36.7(2)A person may be re-elected to a District Education Council for any subsequent four year term if that person continues to meet the eligibility requirements under section 36.41 to be a candidate for the office of councillor.
36.7(3)Subject to subsection (4), the term of office of a councillor appointed under subsection 36.2(3) or 36.51(1) commences on the date of his or her appointment and ends on the thirtieth day of June following the next District Education Council elections.
36.7(3.1)Subject to subsection (4), the term of office of a councillor appointed under subsection 36.2(3.1) commences on the first day of July in the year in which the councillor is appointed and ends on the thirtieth day of June the following year.
36.7(4)A position on a District Education Council is considered to be vacant where a councillor
(a) dies or resigns,
(b) becomes ill, so as to be declared by the District Education Council as incapable of acting as a councillor for the remainder of his or her term of office,
(c) is declared by the District Education Council to have acted wilfully or negligently in contravention of this Act,
(d) is convicted of an indictable offence,
(e) is declared by the District Education Council to have failed to attend three regular meetings in a twelve month period without cause,
(f) becomes a member of the school personnel or an employee of the Department of Education and Early Childhood Development, or
(g) ceases to be a resident of the school district for which the councillor was elected or appointed.
36.7(5)A councillor may resign from office by giving notice in writing to the secretary of the District Education Council.
36.7(6)A District Education Council shall, in writing, notify the Minister of a resignation received by the District Education Council under subsection (5) within seven days after the acceptance by the District Education Council of the resignation.
36.7(7)Where the position of a councillor is vacated under subsection (4), the Minister shall, subject to subsection (8) and in accordance with the regulations, appoint a person to fill the vacant position for the balance of the term of the councillor replaced from among candidates nominated, in accordance with the regulations, by the District Education Council.
36.7(8)A person is eligible for appointment to a District Education Council under subsection (7) if the person is eligible under section 36.41 to be a candidate for the office of councillor in the electoral zone or, where an electoral zone has not been established, in the subdistrict in which the vacant position exists.
36.7(9)Notwithstanding subsection (7), where the position of a councillor appointed under subsection 36.2(3) is vacated under subsection (4), the Minister shall appoint a person who is a member of the Mi’kmaq or Maliseet first nation and who resides in the school district to fill the vacant position for the balance of the term of the councillor replaced.
36.7(10)Notwithstanding subsection (7), where the position of a councillor appointed under subsection 36.2(3.1) is vacated under subsection (4), the Minister shall appoint a councillor who is a pupil and who resides in the school district to fill the vacant position for the balance of the term of the councillor replaced.
2000, c.52, s.30; 2004, c.2, s.16; 2009, c.33, s.2; 2010, c.31, s.34
Remuneration and expenses of councillors
2012, c.7, s.1
36.71(1)The Lieutenant-Governor in Council shall fix the remuneration of the chair and the other councillors of a District Education Council.
36.71(2)The chair and the other councillors of a District Education Council are entitled to be paid travel expenses incurred in relation to the performance of their duties in the name of the District Education Council, as fixed by the Board of Management travel policy guidelines, as amended.
36.71(3)The remuneration and the reimbursement of expenses shall be paid out of the budget provided by the Minister to a District Education Council under section 50.2.
2012, c.7, s.1
Creation of provisional District Education Councils
2000, c.52, s.30
36.8Where a new school district is created under subsection 43(1), the Minister may provide for
(a) the composition of the District Education Council in accordance with subsection 36.2(1),
(b) the holding of elections,
(c) the fixing of days for nominations either before or after the effective date of the operation of the District Education Council,
(d) the appointment, with the approval of the Lieutenant-Governor in Council, of an interim District Education Council until the next regularly scheduled District Education Council election,
(e) the fixing of days for first meetings of the District Education Council, and
(f) such other matters as the Lieutenant-Governor in Council considers necessary to provide for the effective administration of the new District Education Council.
2000, c.52, s.30; 2004, c.19, s.6
Authority and responsibility of the District Education Councils
2000, c.52, s.30
36.9(1)A District Education Council shall establish, implement and monitor a three year district education plan for the school district for which the District Education Council is established.
36.9(2)A district education plan shall be consistent with the provincial education plan and shall include
(a) a vision, including a mission statement, goals and values,
(b) a strategy respecting the delivery and evaluation of educational programs and services within the school district, including educational priorities, objectives and a work plan,
(c) accountability measures for evaluating pupil achievement, monitoring school district performance and monitoring the achievement of strategic objectives, and
(d) strategies to ensure the preservation and promotion of the language and culture of the official linguistic community for which the school district is organized.
36.9(3)A District Education Council shall submit to the Minister by July 1 of each year an updated copy of its district education plan.
36.9(4)A District Education Council shall establish, implement and monitor a district expenditure plan for the school district for which the District Education Council is established, and shall submit it to the Minister by July 1 of each year.
36.9(5)A District Education Council shall
(a) develop school district policies and procedures, not inconsistent with provincial policies and procedures, in matters relating to the authority given to the District Education Council, or the superintendent of the school district, under this Act and the regulations,
(b) ensure that provincial policies and procedures are being followed by the superintendent of the school district,
(c) review and approve the district performance report prepared by the superintendent under paragraph 48(2)(d), and present the report annually at an open meeting of the District Education Council,
(d) review the school improvement plan and the school performance report for each of the schools in the school district,
(e) evaluate annually, in accordance with the regulations, the performance of the superintendent of the school district,
(f) maintain communication links between the District Education Council and the Parent School Support Committees for the schools within the school district, and consult with the Parent School Support Committees with respect to matters relating to the duties of the Parent School Support Committees under this Act,
(g) review and oversee the expenditure of trust funds given for the benefit of pupils enrolled in schools within the school district in accordance with the terms of the trust,
(h) prepare annually, for submission to the Minister,
(i) a report that identifies priorities respecting capital construction projects within the school district, and
(ii) a report with respect to the progress and effectiveness of the positive learning and working environment plan in the school district, and
(i) provide training for members of the Parent School Support Committees for the schools within the school district.
36.9(6)A District Education Council may
(a) cooperate with another District Education Council to share school personnel and educational or administrative programs and services,
(b) cooperate with persons and organizations to advance the quality of learning within the school district for which the District Education Council is established and to foster the spirit of lifelong learning within the community,
(c) provide for the settlement of disputes arising in connection with school matters between any parent or pupil and any member of the school personnel, and
(d) make rules, not inconsistent with this Act or the regulations, governing its internal procedure and meetings.
2000, c.52, s.30; 2012, c.21, s.6
Establishment of provincial boards of education
Repealed: 2000, c.52, s.31
2000, c.52, s.31
37Repealed: 2000, c.52, s.32
2000, c.52, s.32
Duties of provincial boards of education
Repealed: 2000, c.52, s.33
2000, c.52, s.33
38Repealed: 2000, c.52, s.34
2000, c.52, s.34
Provincial forums
2000, c.52, s.35
38.1(1)The Minister shall, for each education sector established under subsection 4(1), convene two provincial forums each year to
(a) facilitate information sharing and consultation between the Minister and the District Education Councils, and
(b) permit the Minister and the District Education Councils to identify and discuss areas of concern.
38.1(2)Each provincial forum, for each education sector established under subsection 4(1), shall be attended by
(a) the chair of each District Education Council in the education sector, or a person designated by the chair for this purpose,
(b) the superintendent of each school district in the education sector, or a person designated by the superintendent for this purpose,
(c) the Minister, and
(d) such provincial officials as the Minister may designate for this purpose.
2000, c.52, s.35
Support staff
2000, c.52, s.35
38.2(1)The Minister shall, in accordance with the regulations, provide, for each education sector established under subsection 4(1), a dedicated support staff to
(a) facilitate information sharing and communications among the District Education Councils, and
(b) coordinate training opportunities for members of the Parent School Support Committees and the District Education Councils.
38.2(2)For each education sector established under subsection 4(1), a representative shall be selected by and from among the chairs of the District Education Councils to provide direction to the support staff provided under subsection (1).
2000, c.52, s.35
Eligibility of members of committees, councils and boards
Repealed: 2000, c.52, s.36
2000, c.52, s.36
39Repealed: 2000, c.52, s.37
2000, c.52, s.37
Conduct of members of Committees and Councils
2000, c.52, s.38
40Every member of a Parent School Support Committee and a District Education Council shall
(a) exercise his or her duties under this Act in good faith,
(b) comply with this Act and the regulations, and
(c) refrain from exercising individual influence or authority over the superintendent of the school district or over other school personnel.
2000, c.52, s.39
Provision of information to the Minister
2000, c.52, s.40
40.1(1)Each District Education Council shall prepare and submit to the Minister, at such time and in such format as determined by the Minister, an annual report for the previous school year containing
(a) statistical and financial information relating to the school district for which the District Education Council is established, and
(b) information relating to the educational performance of the pupils in the school district for which the District Education Council is established.
40.1(2)A District Education Council, through the superintendent of the school district, shall provide to the Minister, at such times and in such format as determined by the Minister, such information as the Minister considers necessary.
40.1(3)The Minister may require that such information systems and data standards as specified by the Minister be used in schools and school districts if, in the opinion of the Minister, such are required to facilitate information sharing, data transfer, technical support and reporting requirements.
2000, c.52, s.40
Investigations and inquiries
2000, c.52, s.40
40.2(1)For the purpose of ensuring compliance with this Act and the regulations, the Minister may appoint a person to investigate and inquire into
(a) the financial, administrative, safety or educational condition relating to any matter connected with the management, administration or operation of a District Education Council, a school district or a school, or
(b) matters relating to the effectiveness of instruction being provided when an application for exemption from school attendance is requested or has been granted under subsection 16(2).
40.2(2)A person appointed under subsection (1)
(a) is, if the appointment so provides, vested with all the powers and privileges of a commissioner under the Inquiries Act,
(b) shall on request be given access to and may examine any relevant records, books of account or other documents or property,
(c) may make copies of any relevant records, books of account or other documents, and for such purpose may remove records, books of account or other documents from any premises and shall return them to those premises as soon as possible after the making of the copies, and
(d) shall report the results of his or her investigation and inquiry to the Minister.
40.2(3)On receipt of a report under paragraph (2)(d), the Minister may request a District Education Council to take such action as the Minister considers necessary to meet the responsibilities of the District Education Council or the requirements of the Minister under this Act.
2000, c.52, s.40
Request for corrective action
2000, c.52, s.40
40.3(1)The Minister may request a District Education Council to take such corrective action as the Minister considers necessary if, in the opinion of the Minister,
(a) the health, safety or educational welfare of pupils is endangered,
(b) the District Education Council fails to comply with any provision of this Act or the regulations or with a policy of the Minister issued in accordance with this Act, or
(c) the resources of the District Education Council are being expended in an irresponsible manner.
40.3(2)Where a District Education Council fails to comply with a request of the Minister to take action under subsection (1) or subsection 40.2(3) within the time specified in the request, the Minister may take such corrective action as the Minister considers necessary.
40.3(3)Where the Minister takes action under subsection (2), the District Education Council concerned may, within thirty days after the taking of the action, apply by Notice of Application to a judge of The Court of Queen’s Bench of New Brunswick for a review of the action taken by the Minister.
40.3(4)The Rules of Court apply in respect of an application made under subsection (3).
2000, c.52, s.40
Dissolution of a District Education Council
2000, c.52, s.41
41(1)The Minister, with the approval of the Lieutenant-Governor in Council, may apply by Notice of Application to a judge of The Court of Queen’s Bench of New Brunswick to dissolve a District Education Council if, in the opinion of the Minister, the District Education Council
(a) is unable to function due to organizational difficulties, or
(b) fails to comply with the provisions of this Act or the regulations within a reasonable period of time after being advised by the Minister of the provisions of this Act or the regulations with which the District Education Council has failed to comply.
41(2)The Rules of Court apply in respect of an application made under subsection (1).
41(3)On the hearing of an application made under subsection (1), the judge may
(a) dismiss the application, or
(b) allow the application and by order dissolve the District Education Council concerned and may fix a period of time for the purpose of subsection (4).
41(4)Where on the hearing of an application made under subsection (1) a District Education Council is dissolved, the authorities and responsibilities of the District Education Council shall vest in the Minister, for a period of time not to exceed one year or such shorter period of time as may be fixed by the judge on the hearing of the application, until an interim District Education Council is appointed in accordance with subsection (7) or the next regular District Education Council election is held.
41(5)A District Education Council may, by a two-thirds majority vote of its members, declare itself unable to function due to organizational difficulties and, having done so, shall immediately inform the Minister, in writing, of the declaration.
41(6)Where a District Education Council acts in accordance with subsection (5), the District Education Council is dissolved and the authorities and responsibilities of the District Education Council shall vest in the Minister, for a period of time not to exceed one year, until an interim District Education Council is appointed in accordance with subsection (7) or the next regular District Education Council election is held.
41(7)Where the Minister is vested with the authorities and responsibilities of a District Education Council under subsection (4) or (6), the Minister may, with the approval of the Lieutenant-Governor in Council, appoint an interim District Education Council and vest in the interim District Education Council the authorities and responsibilities of a District Education Council until the next regular District Education Council election.
41(8)A person is eligible for appointment to an interim District Education Council under subsection (7) if the person meets the eligibility requirements under section 36.41 to be a candidate for the office of councillor.
2000, c.52, s.42
ADMINISTRATION
Administration of Act
42(1)The Minister shall administer this Act and may designate persons to act on behalf of the Minister.
42(2)The Minister, with the approval of the Lieutenant-Governor in Council, may establish educational advisory boards, educational advisory committees and such other educational advisory bodies as the Minister considers necessary for the effective administration of this Act.
School districts
43(1)Subject to subsection 4(1), the Lieutenant-Governor in Council, on the recommendation of the Minister, may by regulation
(a) divide the Province into school districts,
(b) create new school districts,
(c) abolish or alter boundaries of school districts, and
(d) amalgamate school districts.
43(2)Subject to subsection 4(1), when two or more District Education Councils each pass a resolution by a majority vote of its members to amalgamate their school district or any portion of their school district with another school district or any portion of another school district and forward a certified copy of the resolution of each District Education Council to the Minister, the Lieutenant-Governor in Council, on the recommendation of the Minister, may by regulation amalgamate those school districts or the portions of those school districts into one school district and alter the boundaries of the school districts accordingly.
43(3)Where two or more school districts are amalgamated under paragraph (1)(d) or subsection (2), the existing District Education Councils of those school districts shall administer the amalgamated school district jointly until the next regular District Education Council election.
2000, c.52, s.43
Division of financial resources between linguistic sectors
44(1)The financial resources voted by the Legislative Assembly for school operations shall be divided by the Minister on an equitable basis between the two distinct education sectors established under subsection 4(1).
44(2)The equitable division of financial resources under subsection (1) shall seek to assure to each of the education sectors established under subsection 4(1) an equivalent standard of education taking into account the needs and particular circumstances of each sector.
2000, c.52, s.44
School property
45(1)All school property is vested in the Minister.
45(2)A District Education Council shall, at all times, have management, care and control of all school property in the school district for which the District Education Council is established, until such time as the school property is declared surplus by the District Education Council.
45(3)A District Education Council shall determine the general location in which to locate a school established under section 2.
45(4)The Minister
(a) shall determine the sites of schools, school district offices and other school buildings,
(b) shall determine the physical plant standards for a safe and healthy school facility,
(c) may purchase, lease or accept gifts of lands or buildings for school or school district office purposes,
(d) in consultation with the District Education Council concerned, may construct and furnish schools, school district offices and other school buildings, and
(e) with the approval of the Lieutenant-Governor in Council, may lease, sell or otherwise dispose of any lands or buildings acquired under this Act.
2000, c.52, s.45
Community use of school property
46(1)For such purposes and subject to such terms and conditions as may be prescribed by regulation and to the extent practicable, a District Education Council, through the superintendent of the school district, shall make school property available for use by community groups or other persons or organizations.
46(2)Where a fee is charged for the use of school property under subsection (1), the District Education Council may retain and expend that fee in accordance with the regulations.
46(3)For the purposes of this Act, the authorization of the use of school property under subsection (1) is not a lease.
46(4)Where the Minister leases property for school purposes and the owner retains the right to make the property available for the use of third parties when the property is not required for school purposes, all fees paid to the owner for such use may be retained by the owner unless otherwise provided for in the lease.
2000, c.52, s.46
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 Queen’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
District staffing
2000, c.52, s.48
47.1(1)The superintendent of the school district, subject to subsection (2) and on behalf of and subject to any policies or directives of the District Education Council, shall select, appoint and direct, and may suspend, dismiss or otherwise discipline, such school personnel as are required to operate the schools and the school district office in the school district for which the District Education Council is established.
47.1(2)The superintendent in selecting and appointing school personnel required to operate the school district office shall do so in accordance with a plan of establishment authorized by the Minister.
47.1(3)School personnel employed in accordance with this section are employed in Part II of the public service of the Province as specified in the First Schedule of the Public Service Labour Relations Act.
47.1(4)The salary scales for all school personnel shall be those established by the Board of Management under the Financial Administration Act.
47.1(5)A District Education Council shall pay as salary to school personnel only those amounts specified in the salary scales established under subsection (4).
2000, c.52, s.48
Duties of superintendents
48(1)A superintendent is accountable to the District Education Council concerned for the management of programs and resources, for the quality of learning and for the implementation of the district education plan and district expenditure plan in the school district in respect of which the superintendent is appointed or reappointed.
48(2)The duties of a superintendent, with respect to the school district for which the superintendent is appointed or reappointed, include
(a) providing leadership in the school district in promoting quality education, enhanced community involvement and the efficient delivery of services,
(b) coordinating and administering the educational programs and educational services prescribed by the Minister,
(b.1) ensuring the implementation of best practice in teaching and evaluation methodology,
(b.2) ensuring that school district and provincial policies are followed by school personnel,
(c) having primary responsibility for the preparation and implementation of the district education plan and the district expenditure plan for the school district,
(d) having primary responsibility for the preparation of a district performance report, in such format as may be determined by the Minister, for submission annually to the District Education Council and the Minister,
(e) Repealed: 2000, c.52, s.49
(f) ensuring the allocation, management and development of all human resources in the school district,
(f.1) ensuring that the performance of school personnel is evaluated, in accordance with the regulations,
(f.2) consulting with the Parent School Support Committee concerned, in accordance with paragraph 33(2)(d), when conducting a performance evaluation of a principal or a vice-principal,
(f.3) attending and participating in official meetings of the District Education Council,
(g) providing for the effective and efficient management of available financial resources,
(h) ensuring effective communication links, procedures and mechanisms are in place, and
(i) making an annual report to the District Education Council at the end of each school year with respect to the progress and effectiveness of the positive learning and working environment plan in the school district.
48(3)A superintendent may, except with respect to the superintendent’s duties provided for under subsection (2), designate persons to act on behalf of the superintendent.
2000, c.52, s.49; 2012, c.21, s.7
Duties of directors of education
Repealed: 2000, c.52, s.50
49Repealed: 2000, c.52, s.51
1997, c.66, s.4; 2000, c.52, s.51
Agreements
50(1)Subject to subsection (3), the Minister may enter into agreements with a municipality, a rural community, the Government of Canada or any other government or a person or organization for any purpose within the scope of this Act.
50(2)Without limiting the generality of subsection (1), the Minister may enter into agreements
(a) with the Government of Canada respecting the operation or ownership of school property by Canada or the Province or both,
(b) with the Government of Canada, or with a council of the Mi’kmaq or Maliseet first nation, to recover the cost of providing school privileges to persons whose education is the constitutional responsibility of the Government of Canada,
(c) with any province for the joint establishment and operation of special education authorities, resource centres, programs and services for the education of handicapped persons, and may confirm, ratify, alter and amend any agreement provided for under the Education of Aurally or Visually Handicapped Persons Act,
(d) with any person to carry out the intent and purposes of an agreement referred to in paragraph (c) and may establish such intergovernmental or other committees as the Minister considers necessary for the effective administration of such an agreement, and
(e) with a municipality, a rural community or any other corporate body respecting the construction or operation of school property for the educational, cultural and recreational use by the community.
50(3)The Minister, with the approval of the Lieutenant-Governor in Council, may enter into agreements with a municipality, a rural community, the Government of Canada or any other government or a person or organization to sell educational programs, educational services or educational materials outside the New Brunswick public education system.
50(4)The Minister, with the approval of the Board of Management, may retain from year to year a portion of the funds paid to the Minister under an agreement entered into under paragraph (2)(b) to be used in the betterment of the education of Mi’kmaq or Maliseet children.
50(4.1)Subject to sections 50.1 and 50.2, a superintendent, on behalf of and subject to any policies or directives of the District Education Council concerned, may enter into agreements with a municipality, a rural community, the Government of Canada or any other government or a person or organization for the purpose of carrying out the authorities and responsibilities of the District Education Council or the superintendent under this Act.
50(5)For the purposes of paragraph (2)(c), “handicapped person” means a person who
(a) is handicapped visually or aurally,
(b) has a related or associated handicap, or
(c) is handicapped as determined by an agreement referred to in paragraph (2)(c).
2000, c.52, s.52; 2005, c.7, s.22
Application of legislation
2000, c.52, s.53
50.1Unless otherwise specifically provided for in this or any other Act of the Legislature or in any regulation under this or any other Act of the Legislature, a District Education Council is subject to those provisions of the Financial Administration Act, the Public Purchasing Act, the Crown Construction Contracts Act and the regulations under those Acts that apply to the Department of Education and Early Childhood Development, and those provisions apply to a District Education Council with the necessary modifications.
2000, c.52, s.53; 2010, c.31, s.34
School district budgets and expenditures
2000, c.52, s.53
50.2(1)The Minister shall provide annually to each District Education Council a budget for the operation of the school district for which the District Education Council is established.
50.2(2)The Minister may
(a) revise the budget provided under subsection (1), and
(b) establish guidelines respecting the expenditure of the budget provided under subsection (1), or any revision of the budget under paragraph (a).
50.2(3)A District Education Council may expend
(a) in accordance with such guidelines as may be established by the Minister under paragraph (2)(b), such sums of money as are provided in the budget under subsection (1), or any revision of the budget under paragraph (2)(a),
(b) in accordance with the regulations, such additional sums of money as are
(i) earned and retained by the District Education Council from sources specified by regulation,
(ii) awarded to the District Education Council, or
(iii) received by the District Education Council by way of gift, and
(c) in accordance with the terms of the trust, such additional sums of money as are received by the District Education Council in trust for specific purposes.
50.2(4)The sums of money provided in the budget under subsection (1), or any revision of the budget under paragraph (2)(a), are to be drawn out of the Consolidated Fund by the District Education Council in accordance with the Financial Administration Act.
50.2(5)The financial accounts and records of a District Education Council shall be maintained on the financial accounting system provided and supported by the Province.
50.2(6)The Minister may, at the discretion of the Minister, examine the financial accounts and records of a District Education Council referred to in subsection (5).
50.2(7)A District Education Council may hold only such bank accounts as have been approved by the Minister of Finance.
50.2(8)A District Education Council shall expend only such sums of money as are identified in subsection (3) and shall not borrow money from external sources.
50.2(9)Notwithstanding the Financial Administration Act, a District Education Council may, subject to the regulations, retain from year to year a budgetary surplus which the District Education Council has realized in its operations and any additional sums of money referred to in paragraphs (3)(b) and (c).
2000, c.52, s.53
Authority to retain and expend funds
51(1)The Minister may retain from year to year and expend, in such manner and for such purposes as the Minister considers appropriate, such sums of money as are
(a) earned by the Minister from sources prescribed by regulation,
(b) realized from the disposal of surplus school property by the Minister in accordance with the Financial Administration Act or any regulation under that Act,
(c) awarded to the Minister, or
(d) received by the Minister by way of gift.
51(2)The Minister may retain from year to year and expend, in accordance with the terms of the trust, such sums of money as are received by the Minister in trust for specific purposes.
Audit of school districts
2000, c.52, s.54
51.1(1)Where an audit is performed by the Comptroller under section 15 or 16 of the Financial Administration Act in relation to the operation of a school district, a report on the results of the audit shall be prepared by the Comptroller for submission to the Minister and the District Education Council concerned.
51.1(2)The District Education Council concerned shall, within a reasonable period of time after receipt of the report on the results of the audit, present the report to the public at an official meeting of the District Education Council.
2000, c.52, s.54; 2011, c.20, s.7
Authority to indemnify and defend
52On such terms and conditions as the Minister considers appropriate, the Minister may indemnify and defend
(a) members of the Parent School Support Committees and the District Education Councils and student teachers, in respect of any claim for damages or otherwise arising from any act done or omitted in good faith in the execution or intended execution of any duty or authority under this Act or the regulations, and
(b) volunteers, in respect of any claim for damages or otherwise arising from any act done or omitted in good faith in the execution or intended execution of any instruction on behalf and with the knowledge and consent of the superintendent concerned.
2000, c.52, s.55
Conveyance and lodging of pupils
53The superintendent concerned, in accordance with the regulations and on behalf of and subject to any policies or directives of the District Education Council,
(a) shall make such arrangements as the superintendent considers necessary for the conveyance of pupils, and
(b) may make arrangements for the lodging of pupils.
2000, c.52, s.56
Pupil records
2000, c.52, s.57
54(0.1)A record shall be maintained in respect of each pupil.
54(1)Subject to subsections (1.1) and (3), the parent of a pupil or a pupil is entitled to access to pupil records maintained in respect of the pupil.
54(1.1)Where a pupil has attained the age of nineteen years, a parent of the pupil is not entitled to access any record maintained in respect of the pupil without the consent of the pupil.
54(2)Where a person is given access to a record in accordance with subsection (1), the superintendent concerned shall, where the superintendent believes it is necessary, explain or interpret the information disclosed on the record.
54(3)Where the superintendent concerned believes that access to a record maintained in respect of a pupil would be detrimental to the well-being or future development of or the educational opportunities for the pupil, the superintendent may
(a) deny access to the record, and
(b) where the superintendent believes it is appropriate, describe or interpret such of the content of the record the knowledge of which, in the opinion of the superintendent, would not be detrimental to the well-being or future development of or the educational opportunities for the pupil.
54(4)Where the superintendent concerned, having denied a person access to a record in accordance with paragraph (3)(a), believes it is not appropriate to describe or interpret any of the contents of the record in accordance with paragraph (3)(b), the superintendent shall make known to that person, at the time of such denial, the existence and general nature of the record.
54(5)A person who has been denied access to any record in accordance with paragraph (3)(a) may, in accordance with the regulations, appeal the denial.
54(6)The parent of a pupil who has been denied access to any record in accordance with paragraph (3)(a) is, notwithstanding such denial, entitled to make inquiries to the superintendent concerned and to be given general verbal information by the superintendent in relation to the educational progress of the pupil.
54(7)A decision made by a superintendent under this section shall be made on behalf of and subject to any policies or directives of the District Education Council concerned.
1997, c.66, s.5; 2000, c.52, s.58
Confidentiality of tests and test items
55The Minister, a District Education Council or a superintendent may, when requested to release or give access to tests or test items, refuse to release or give access to the tests or test items if, in the opinion of the Minister, the District Education Council or the superintendent, as the case may be, the integrity of the assessment or evaluation process would thereby be jeopardized.
2000, c.52, s.59; 2009, c.R-10.6, s.91
GENERAL AND MISCELLANEOUS
School personnel within Part II of the public service
Repealed: 2000, c.52, s.60
2000, c.52, s.60
56Repealed: 2000, c.52, s.61
2000, c.52, s.61
Terms and conditions of employment of a teacher
56.1The terms and conditions of employment of a teacher set out in a collective agreement negotiated under the Public Service Labour Relations Act and agreed between the Province of New Brunswick as represented by Board of Management and an organization representing the teachers and in full force and effect may not be altered by any regulation made under this Act.
Publication of annual report
2012, c.21, s.8
56.2The Minister shall lay an annual report on bullying in the New Brunswick public education system before the Legislative Assembly during the course of the regular session of the Legislature that follows the year for which the report is made.
2012, c.21, s.8
Regulations
57(1)The Lieutenant-Governor in Council may make regulations
(a) for the organization, government and discipline of schools;
(b) respecting school vacations and authorizing the Minister to vary such vacations for any school district for any school year;
(c) respecting the closing of schools or parts of schools during part of the school year;
(d) for the classification of schools;
(e) for establishing curricula and the holding of examinations;
(f) respecting the terms and conditions under which textbooks are distributed and the responsibility for the care and custody of textbooks;
(g) for the arrangement and order of school property;
(g.1) respecting the flying of flags;
(h) prescribing persons or categories of persons for the purpose of subsection 8(3);
(i) respecting the manner in which and the terms and conditions under which the Minister may provide free school privileges under subsection 8(3);
(j) prescribing persons or categories of persons for the purpose of subsection 8(4);
(k) respecting the manner in which and the terms and conditions under which the Minister may provide school privileges under subsection 8(4);
(l) respecting the admission and placement of pupils in classes, grades, programs, services and schools;
(m) respecting appeals, including the procedure for appeals, for the purpose of subsection 11(3);
(n) for the establishment, organization, government, instruction, examination and inspection of special education programs and services;
(o) respecting the accommodation and equipment of premises used for special education programs and services;
(p) respecting the identification of pupils as exceptional pupils for placement in special education programs and services;
(q) respecting the health and treatment of exceptional pupils receiving special education programs and services;
(r) respecting school attendance, including the manner in which and the terms and conditions under which a child may be exempted from attending school under subsection 16(2);
(r.1) respecting the suspension of school privileges;
(s) respecting appeals, including the procedure for appeals, for the purpose of subsection 24(4);
(t) limiting the liability of parents under section 25;
(u) in accordance with the Health Act, for the health, cleanliness and physical well-being of pupils;
(v) respecting the deportment and appearance of pupils;
(v.1) respecting the format of and the information to be contained in a school improvement plan or an annual school performance report;
(w) respecting responsibilities of teachers, principals and other school personnel;
(w.1) respecting required qualifications for school personnel;
(w.2) respecting performance evaluations of superintendents and other school personnel;
(w.3) respecting investigations of allegations of non-professional conduct of school personnel;
(x) respecting the training and certification of teachers and the classification of other school personnel;
(y) respecting the issuance, conversion, suspension, revocation and reinstatement of teachers’ certificates;
(z) respecting applications for the purpose of subsection 30(9);
(aa) respecting the composition of, appointments to and the powers and duties of the Appeal Board;
(bb) respecting appeals, including the procedure for appeals, for the purpose of section 31;
(cc) respecting reviews, including the procedure for reviews, for the purpose of section 31;
(dd) respecting the making of decisions by the Appeal Board;
(ee) respecting the election of members of a Parent School Support Committee including without limiting the generality of the foregoing, respecting the eligibility requirements of candidates and voters, the nomination procedures, the holding of elections, the use of school buildings and other school resources for such elections and the filing and determination of complaints in relation to such elections;
(ee.1) prescribing the number of councillors for each District Education Council;
(ee.2) respecting the process for the nomination of candidates for the office of councillor;
(ee.3) respecting the use of school resources for District Education Council elections;
(ee.4) respecting District Education Council election campaigns, including spending limits;
(ee.5) prescribing schools districts for the purpose of subsection 36.2(3);
(ee.6) prescribing the process by which the Minister appoints a councillor for the purpose of subsection 36.2(3.1);
(ff) respecting the terms of office of members of a Parent School Support Committee and the maximum number of terms that members may serve;
(gg) respecting the acceptance of office and the taking and subscribing to an oath of office by members of a Parent School Support Committee or a District Education Council;
(hh) respecting vacancies on a Parent School Support Committee;
(hh.1) respecting, for the purposes of subsections 36.51(1) and 36.7(7), the nomination of candidates by a District Education Council, and the appointment of councillors by the Minister, to fill vacant positions on a District Education Council;
(ii) respecting the circumstances under which a position on a Parent School Support Committee is considered to be vacant;
(jj) respecting the resignation of members of a Parent School Support Committee;
(kk) respecting the reimbursement of expenses of members of a Parent School Support Committee;
(ll) Repealed: 2000, c.52, s.62
(mm) respecting the selection of a chair and vice-chair from among the members of a Parent School Support Committee or a District Education Council;
(nn) respecting the duties and powers of the chair and vice-chair of a Parent School Support Committee or a District Education Council;
(oo) respecting meetings of a Parent School Support Committee or a District Education Council, including without limiting the generality of the foregoing, respecting the fixing of a day for the first meeting, the procedures to be followed in the fixing of dates for meetings, the number and frequency of meetings, the procedure to be followed at meetings, the quorum for meetings, the holding of special meetings, the holding of open and in camera meetings, the votes taken at meetings and the minutes of meetings;
(pp) respecting conflicts of interest pertaining to members of a Parent School Support Committee or a District Education Council, including the circumstances that constitute a conflict of interest, the disclosure of a conflict of interest and the manner in which a conflict of interest is to be dealt with;
(qq) respecting the appointment of persons to a Parent School Support Committee as community members;
(rr) Repealed: 2000, c.52, s.62
(ss) prescribing circumstances for the purposes of paragraphs 32(9)(a), 32(9)(b) and 32(10)(a);
(tt) Repealed: 2000, c.52, s.62
(uu) respecting the establishment and operation of a support staff for the purposes of subsection 38.2(1);
(uu.1) respecting the selection of a representative for the purposes of subsection 38.2(2);
(vv) respecting the rights, privileges, powers and obligations of a person designated by the Minister to act on behalf of the Minister;
(ww) respecting the establishment and conduct of educational advisory boards, educational advisory committees and educational advisory bodies under subsection 42(2), the eligibility requirements of members, the terms of office of members and the duties and responsibilities of such boards, committees and bodies;
(xx) Repealed: 2000, c.52, s.62;
(yy) prescribing purposes and terms and conditions relating to the use of school property under section 46;
(yy.1) prescribing the purposes for which, and the terms and conditions under which, a District Education Council may retain and expend any fee charged for the use of school property under section 46;
(yy.2) prescribing, for the purposes of subparagraph 50.2(3)(b)(i), the sources from which a District Education Council may earn and retain additional sums of money;
(yy.3) prescribing the purposes for which, and the terms and conditions under which, a District Education Council may retain and expend additional sums of money referred to in paragraph 50.2(3)(b);
(yy.4) prescribing the purposes for which, and the terms and conditions under which, a District Education Council may retain and expend a budgetary surplus which the District Education Council has realized in its operations and prescribing the maximum budgetary surplus that may be retained by a District Education Council;
(zz) prescribing the manner in which, and the terms and conditions under which, the Minister may provide a driver education program;
(aaa) prescribing the sources from which and the terms and conditions under which the Minister may earn and retain sums of money;
(aaa.1) respecting access to and the contents, maintenance, retention and disposal of pupil records;
(bbb) respecting appeals, including the procedure for appeals, for the purpose of subsection 54(5);
(ccc) subject to the Motor Vehicle Act, respecting the conveyance of pupils including, without limiting the generality of the foregoing,
(i) driver qualifications, training, conduct and safety,
(ii) the condition of and standards for motor vehicles operated for the conveyance of pupils, and
(iii) insurance requirements for motor vehicles operated for the conveyance of pupils;
(ddd) respecting the lodging of pupils;
(eee) respecting fees for the purposes of this Act and the regulations;
(fff) making it an offence for a person to violate any provision of a regulation made under this Act, and prescribing penalties not exceeding one hundred dollars for such violations;
(ggg) defining any word or expression used in but not defined in this Act for the purposes of this Act, the regulations or both;
(hhh) generally for the better administration of this Act.
57(2)Subject to subsection 4(1), the Lieutenant-Governor in Council, on the recommendation of the Minister, may make regulations
(a) dividing the Province into school districts;
(b) creating new school districts;
(c) abolishing or altering boundaries of school districts;
(d) amalgamating school districts.
57(3)The Lieutenant-Governor in Council, on the recommendation of the Minister, may make regulations dividing each school district into subdistricts.
57(4)The Lieutenant-Governor in Council, on the recommendation of the Minister after consultation with the District Education Council concerned, may make regulations
(a) altering the number of subdistricts within a school district;
(b) altering the boundaries of one or more subdistricts within a school district.
57(5)The Lieutenant-Governor in Council, on the recommendation of the Minister after consultation with the District Education Council concerned, no later than the thirty-first day of October in the year before the year in which a District Education Council election is to be held, may make regulations
(a) eliminating an existing electoral zone;
(b) combining two or more subdistricts into an electoral zone.
57(6)Notwithstanding subsection (5), the Lieutenant-Governor in Council, on the recommendation of the Minister, may make regulations combining two or more subdistricts into an electoral zone for the purpose of the District Education Council elections to be held in May 2001.
2000, c.52, s.62; 2004, c.19, s.7; 2009, c.33, s.3; 2012, c.7, s.2
Application of Regulations Act
58The Regulations Act does not apply to any instrument made under the authority of this Act by the Minister, or by a Parent School Support Committee or a District Education Council.
2000, c.52, s.63
TRANSITIONAL, REPEALS
AND COMMENCEMENT
Transitional provisions
59Repealed: 2000, c.52, s.64
2000, c.52, s.64
Transitional provisions
60Repealed: 2000, c.52, s.65
2000, c.52, s.65
Transitional provisions
61Repealed: 2000, c.52, s.66
2000, c.52, s.66
Transitional provisions
62All rights, privileges, franchises, entitlements, debts, obligations and liabilities of the school boards and the community boards dissolved under section 80.1 of the Schools Act, and all funds, including trust funds, and accounts receivable standing to the credit of a school board or a community board dissolved under section 80.1 of the Schools Act, including interest that has accrued on the funds, including trust funds, and accounts receivable, continue to be vested in the Minister.
Repeal of Education of Aurally or Visually Handicapped Persons Act
63The Education of Aurally or Visually Handicapped Persons Act, chapter E-1.2 of the Acts of New Brunswick, 1975, is repealed.
Repeal of Schools Act
64The Schools Act, chapter S-5.1 of the Acts of New Brunswick, 1990, is repealed.
Repeal of regulations under Schools Act
65New Brunswick Regulations 83-203, 87-31, 91-186, 92-26, 92-28 and 92-29 under the Schools Act are repealed.
Commencement
66This Act or any provision of it comes into force on a day or days to be fixed by proclamation.
N.B. This Act, except section 63, was proclaimed and came into force December 29, 1997.
N.B. Section 63 of this Act was proclaimed and came into force December 7, 2006.
N.B. This Act is consolidated to July 1, 2012.