Acts and Regulations

E-1.12 - Education Act

Section 12
Disposition versions

Full text
Programs and services for pupils requiring a personalized learning plan
2014, c.37, s.3
12(1)A personalized learning plan shall be developed for a pupil if the superintendent concerned, after consulting with qualified persons, determines that the physical, sensorial, cognitive, social-emotional or other needs of the pupil requires that a personalized learning plan be developed.
12(2)The superintendent concerned shall consult with the parent of the pupil during the process of the determination referred to in subsection (1).
12(3)The superintendent concerned shall place a pupil requiring a personalized learning plan so that the pupil receives the programs and services within the common learning environment to the fullest extent considered practicable having regard for the rights and needs of that pupil and the needs of other pupils.
12(4)The superintendent concerned may deliver programs and services for pupils requiring a personalized learning plan to a pupil at the pupil’s home or other setting if the pupil is not able to receive the program or service in a school due to
(a) the pupil’s fragile health, hospitalization or convalescence, or
(b) a condition or need that requires a level of care that cannot reasonably be provided effectively in a school setting.
12(5)The Minister may issue policies to District Education Councils regarding the identification of pupils requiring personalized learning plans under subsection (1) and the placement of pupils requiring a personalized learning plan 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; 2014, c.37, s.3; 2021, c.10, s.1
Programs and services for pupils requiring a personalized learning plan
2014, c.37, s.3
12(1)A personalized learning plan shall be developed for a pupil if the superintendent concerned, after consulting with qualified persons, determines that the physical, sensorial, cognitive, social-emotional or other needs of the pupil requires that a personalized learning plan be developed.
12(2)The superintendent concerned shall ensure that he or she has consulted with the parent of the pupil during the process of the determination referred to in subsection (1).
12(3)The superintendent concerned shall place a pupil requiring a personalized learning plan such that he or she receives the programs and services within the common learning environment to the fullest extent considered practicable having regard for the rights and needs of that pupil and the needs of other pupils.
12(4)The superintendent concerned may deliver programs and services for pupils requiring a personalized learning plan to a pupil at the pupil’s home or other setting if the pupil is not able to receive the program or service in a school due to
(a) the pupil’s fragile health, hospitalization or convalescence, or
(b) a condition or need that requires a level of care that cannot reasonably be provided effectively in a school setting.
12(5)The Minister may issue policies to District Education Councils regarding the identification of pupils requiring personalized learning plans under subsection (1) and the placement of pupils requiring a personalized learning plan 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; 2014, c.37, s.3
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
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