13

 


 

First Session, 47th General Assembly

61 Elizabeth II, 2012

BILL 13

AN ACT TO AMEND THE SCHOOLS ACT, 1997

Received and Read the First Time...................................................................................................

Second Reading.................................................................................................................................

Committee............................................................................................................................................

Third Reading.....................................................................................................................................

Royal Assent......................................................................................................................................

HONOURABLE CLYDE JACKMAN

Minister of Education

Ordered to be printed by the Honourable House of Assembly

 

EXPLANATORY NOTES

This Bill would amend the Schools Act, 1997 to

·         allow children who were registered in kindergarten in another jurisdiction and who will be 5 years of age by the end of the school year to be admitted to kindergarten in the province;

·         remove the statutory liability of parents of students who are 19 years of age or older who intentionally or negligently destroy, damage or lose property of a board or an employee of a board;

·         increase the minimum hours of instruction for students in grades 1 to 3 from 4 hours to 5 hours;

·         delete references to school register and replace with school attendance record;

·         allow the conseil scolaire to appoint an assistant director for a period of 5 years or less;

·         allow the director of the conseil scolaire to be appointed for a period less than 5 years;

·         require that the appointment of the director and assistant director of the conseil scolaire and their employment contracts be subject to the approval of the minister; and

·         confirm that the minister may issue policy directives regarding fees for the cost of supplies provided to a student in a school other than a private school.

A BILL

AN ACT TO AMEND THE SCHOOLS ACT, 1997

Analysis


        1.   S.2 Amdt.
Definitions

        2.   S.3 Amdt.
Right of access to education

        3.   S.21 R&S
Liability for damage

        4.   S.28 R&S
School hours

        5.   S.34 R&S
School attendance record

        6.   S.35 R&S
School attendance record as evidence

        7.   S.110 R&S
Directors

        8.   S.117 Amdt.
Powers of minister


Be it enacted by the Lieutenant-Governor and House of Assembly in Legislative Session convened, as follows:

SNL1997 cS-12.2
as amended

        1. Paragraph 2(a) of the Schools Act, 1997 is repealed and the following substituted:

             (a)  "assistant director" means an assistant director appointed by a board under section 79 or the conseil scolaire under section 110;

 

        2. Section 3 of the Act is amended by adding immediately after subsection (2) the following:

             (3)  Notwithstanding subsection (1), a board may admit to an education program a person who is not 5 years of age on December 31 in a school year where he or she

             (a)  was enrolled in kindergarten in another jurisdiction; and

             (b)  will be 5 years of age before the end of that school year.

 

        3. Section 21 of the Act is repealed and the following substituted:

Liability for damage

      21. (1) Where property of a board or an employee is destroyed, damaged or lost by the intentional or negligent act of a student, that student and his or her parents are individually and collectively liable to the board in respect of the act of that student.

             (2)  Subsection (1) does not apply to a parent of a student who is 19 years of age or older.

 

        4. Section 28 of the Act is repealed and the following substituted:

School hours

      28. In each school day the minimum number of hours of instruction for students shall be

             (a)  for kindergarten, 2.5 hours; and

             (b)  for grades 1 to 12, 5 hours.

 

        5. Section 34 of the Act is repealed and the following substituted:

School attendance record

      34. A teacher shall keep a record of student attendance in a manner approved by the minister.

 

        6. Section 35 of the Act is repealed and the following substituted:

School attendance record as evidence

      35. A copy of the school attendance record maintained in a school or, in the absence of a school attendance record, a certificate signed by the principal of the school respecting the attendance record of a student is, in the absence of evidence to the contrary, admissible in evidence in all courts in a prosecution for an offence under this Act and is proof of the information contained in the school attendance record or the certificate without proof of the signature or of the official capacity of the person who signed the school attendance record or certificate.

 

        7. Section 110 of the Act is repealed and the following substituted:

Directors

   110. (1) The conseil scolaire shall, subject to the prior written approval of the minister, appoint

             (a)  a director; and

             (b)  an assistant director of finance and business administration.

             (2)  A director and an assistant director shall be appointed for not more than a 5 year term and, following a satisfactory performance evaluation by the conseil scolaire, the appointment may be renewed.

             (3)  The conseil scolaire may terminate the employment of a director or an assistant director, other than for cause, by giving him or her 3 months' written notice, and the conseil scolaire shall report the dismissal in writing to the minister immediately upon giving the notice.

             (4)  Notwithstanding that the conseil scolaire may employ a director or an assistant director under this section, a contract of employment between the conseil scolaire and a director or an assistant director shall not be entered into without the prior written approval of that contract by the minister, and a contract of employment entered into without that approval shall be void.

 

        8. Section 117 of the Act is amended by adding immediately after subparagraph (b)(viii) the following:

               (viii.1)  the payment of a fee for the cost of supplies provided to a student in a school other than a private school,