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St. John's, Newfoundland, Canada

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Statutes of Newfoundland 1996


CHAPTER S-12

CHAPTER S-12.1

AN ACT TO REVISE THE LAW RESPECTING THE OPERATION OF SCHOOLS IN THE PROVINCE

(Assented to December 19, 1996)

Analysis

1. Short title

2. Definitions

PART I
STUDENTS

3. Right of access to education

4. Compulsory attendance

5. Excused from attendance

6. Home instruction

7. Home instruction approval

8. Instruction in English

9. Instruction in French

10. Excused from religious instruction

11. Conduct of students

12. Student records

13. School fees

14. Failure to pay fee

PART II
PARENTS

15. Compulsory enrolment

16. Attendance

17. Offence

18. Duty to report

19. Regular attendance

20. Parent information

21. Liability for damage

22. Appeal

PART III
SCHOOLS

23. Application

24. Principal

25. School councils

26. Functions of school councils

27. School opening

28. School hours

29. Extended school year

30. Closing

31. Presence of teacher

32. Teaching days

33. Responsibilities of teachers

34. School register

35. Register as evidence

36. Corporal punishment

37. Suspension

38. Expulsion

39. Re-admission

40. Review of expulsion

41. Maintaining standards

42. Prohibition

43. Private schools

44. Private school requirements

45. Private school inspection

46. Private school revocation

47. Private school report

48. Private school operation

49. Offence

50. Provincial schools

51. Schools in institutions

PART IV
SCHOOL BOARDS

52. School districts

53. School boards

54. District zones

55. Interim boards

56. Executive committee

57. Dissolution of boards

58. Vacancy

59. Replacement of trustees

60. Board to adopt constitution

61. Closed meeting

62. Minutes

63. Meetings and business

64. Execution of documents

65. Annual budget

66. Accounts and audits

67. Audit directed by minister

68. Conflict of interest

69. Disclosure

70. Proceeding voidable

71. Application to Trial

72. Conflict of interest remedy

73. Irregular management of affairs

74. By-laws

75. Duties of boards

76. Powers of board

77. School viability

78. Denominational committees

79. Denominational committee uni-denominational schools

80. Denominational committee interdenominational schools

81. Board may exercise power

82. Designation of schools

83. Uni-denominational schools

84. Uni-denominational school in single school area

85. Uni-denominational school in area with more than one school

86. Review of designation

87. Definitions

88. Interpretation

89. Zoning

90. Directors

91. Director duties

92. Suspension by director

93. Medical certificate

94. Contracts to be in writing

95. Property

96. Property held by board

97. Prohibition

98. Acquisition of property

99. Shared facilities

100. Building funds

101. Title to school land

102. Operational money

103. Salaries

104. Adjustments in salary

105. Powers of the minister

106. Regulations

107. Penalty

108. Transitional: Agreements and personnel of dissolved board

109. Transitional: Interim boards

110. Transitional: Property

PART V

COMMISSION SCOLAIRE

111. Commission scolaire

PART VI

CONSEQUENTIAL, REPEAL AND COMMENCEMENT

112. RSN1990 cM-7

Amdt.

113. RSN1990 cP-37

Rep.

114. RSN1990 cS-9

Rep.

115. RSN1990 cS-11

Amdt.

116. RSN1990 cS-12

Amdt.

117. RSN1990 cT-2

Amdt.

118. RSN1990 cT-3

Amdt.

119. SN1991 c17

Amdt.

120. RSN1990 cT-1

Amdt.

121. Commencement

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


Short title

1. This Act may be cited as the Schools Act, 1996.

Definitions

2. In this Act

(a) "assistant director" means an assistant director appointed by a board under section 90;

(b) "board" means a school board constituted under section 53 and shall, as the context requires, mean the board having jurisdiction over a school or a student attending a school in the district of that board;

(c) "commission" means the denominational education commission established under section 3 of the Education Act, 1996;

(d) "department" means the department presided over by the minister;

(e) "director" means a director appointed by a board under section 90;

(f) "district" means a school district established under section 52;

(g) "emergency supply", means a person who does not have a valid certificate or licence issued under the Teacher Training Act and who is employed to teach in a school;

(h) "former Act" means the Schools Act;

(i) "medical practitioner" means a medical practitioner as defined in the Medical Act;

(j) "minister" means the minister appointed under the Executive Council Act to administer this Act;

(k) "parent" means

(i) the father or mother of a child by birth,

(ii) a person who has adopted a child under the Adoption of Children Act,

(iii) a person having lawful custody of a child, and

(iv) a person who has demonstrated a settled intention to treat a child as a child of his or her family, other than under an arrangement where the child is placed in a foster home for consideration by a person having lawful custody of the child;

(l) "principal" means a teacher designated as a principal or acting as a principal of a public school;

(m) "private school" means a school established under section 43;

(n) "provincial school" means a school established under section 50;

(o) "public school" means a school operated by a board and receiving grants from public funds provided for education by the province;

(p) "school" means the body of school students that is organized as a unit for the purpose of education and includes the teachers and other staff members associated with the unit and the lands and premises used in connection with the unit;

(q) "school council" means a council referred to in section 25;

(r) "school day" means a day within a school year during which schools are operated in accordance with this Act and the regulations;

(s) "school year" means a year commencing on July 1 in a calendar year and ending on June 30 in the following calendar year;

(t) "student" means a person who is

(i) enrolled in a school, or

(ii) required under section 4 to attend school;

(u) "student record" means a record of information in written or electronic form pertaining to a student;

(v) "teacher" means a person who has a valid certificate or licence issued under the Teacher Training Act and, notwithstanding paragraph (g), includes emergency supply but does not include a director or an assistant director;

(w) "Term 17" means Term 17 of the Terms of Union of Newfoundland with Canada set out in the Schedule; and

(x) "trustee" means a person who is elected or appointed to be a member of a board under section 53, 55 or 59.

PART I
STUDENTS

Right of access to education

3. (1) A person

(a) who on December 31 in a school year is 5 years of age or older and younger than 21 years of age; and

(b) who is

(i) a Canadian citizen,

(ii) lawfully admitted to Canada for permanent residence,

(iii) a child of a Canadian citizen, or

(iv) a child of a person who is lawfully admitted to Canada for permanent or temporary residence,

is entitled in that year to an education program in accordance with this Act.

(2) A board may admit to an education program a person 21 years of age or older.

Compulsory attendance

4. (1) A person who

(a) is entitled under subsection 3(1) to an education program in a school year;

(b) on December 31 in a school year is 6 years of age or older; and

(c) on September 1 in a school year is younger than 16 years of age

shall attend a school for the entire school year.

(2) A student enrolled with a board, unless otherwise permitted under this Act or by the board, shall attend the school that the board directs.

(3) A board shall admit to a school at the beginning of the school year all children who are under the jurisdiction of the board who are 5 years of age before January 1 in that school year.

(4) A board shall establish kindergarten classes in its schools for children who are 5 years of age before January 1 in a school year.

Excused from attendance

5. Notwithstanding section 4, a student is excused from attending a school where the student,

(a) is unable to attend school by reason of illness or other unavoidable cause and the teacher is advised of it, but the principal may require that the illness be certified by a medical practitioner;

(b) has been expelled or suspended from school under this Act;

(c) with the prior written approval of the director, is under instruction satisfactory to the director, at home or elsewhere, for a period specified by the director;

(d) has the written permission of the principal to be absent from school for a reasonable period because, in the opinion of the principal and in accordance with the policy of the board, the student will be exposed to other experiences of significant educational and social value;

(e) is absent for another reason that in the opinion of the principal does not constitute neglect or refusal to attend school under this Act; or

(f) has successfully completed the requirements for senior high school graduation.

Home instruction

6. (1) A parent of a student may provide, at home or elsewhere, instruction for that student where the student is excused from attending a school under paragraph 5(c).

(2) A student who is excused from attending school under paragraph 5(c) shall be enrolled under section 15.

Home instruction approval

7. The period for which a student may be excused from attending a school under paragraph 5(c)

(a) shall be valid for no longer than a school year; and

(b) may be renewed upon application to the director each school year.

Instruction in English

8. Every student is entitled to receive instruction in English.

Instruction in French

9. Where an individual has rights under section 23 of the Canadian Charter of Rights and Freedoms to have his or her children receive instruction in French, the children of that individual shall receive that instruction in accordance with those rights wherever in the province those rights apply.

Excused from religious instruction

10. Where a student's parent requests in writing, the principal of a public school or person in charge of a private or provincial school or a school established under section 51 shall excuse that student from participation in religious education, activities and observances conducted in the school.

Conduct of students

11. Every student shall comply with school discipline and the rules of the school and shall carry out the learning activities within the prescribed curriculum.

Student records

12. (1) A student record shall be maintained for each student in the manner required by a policy directive of the minister.

(2) Except as provided in this section a student record may only be reviewed by

(a) the parent of the student; or

(b) the student, if the student is 19 years of age or older,

to whom that student record pertains.

(3) A parent or student, if the student is 19 years of age or older, shall review the student record at a time and with a person designated by the board and receive an explanation and interpretation of information in the student record from that person.

(4) A parent or student, if the student is 19 years of age or older, who is of the opinion that the student record contains inaccurate or incomplete information may request the principal to review the matter.

(5) A student record may be used by the principal and teachers of a school and by board employees to assist in the instruction of the student to whom that student record pertains.

(6) Without the written permission of the parent of a student, or the student if the student is 19 years of age or older,

(a) a student record shall not be admissible in evidence in a trial, inquiry, examination, hearing or other proceeding except to prove the establishment, maintenance, retention or transfer of that student record; and

(b) a person shall not be required to give evidence respecting the content of the student record in a trial, inquiry, examination, hearing or other proceeding.

(7) Notwithstanding subsections (1) to (6), a principal may use a student record to prepare information or a report

(a) required under this Act; and

(b) when requested in writing by a parent, or where a student is 19 years of age or older, the student or former student, for

(i) an educational institution, or

(ii) an application for employment.

(8) This section shall not prevent the use of a report based upon a student record by the principal of a school attended by that student, or the board, for the purpose of a disciplinary proceeding commenced by the principal respecting the conduct of that student or a prosecution of an offence under this Act.

(9) An action shall not lie against a person who contributes test results, evaluations or other information to a student record where he or she acted in good faith within the scope of his or her duties.

School fees

13. (1) A fee shall not be imposed upon a student or parent of a student with respect to the enrolment or attendance of that student or a program or course of study undertaken by that student in a public school.

(2) Subsection (1) shall not apply to

(a) a fee for the cost of supplies provided to a student; and

(b) a fee for other services provided to a student outside school hours.

Failure to pay fee

14. (1) A person shall not be denied enrolment or attendance at a public school or a program or course of study in a public school by reason only that a fee referred to in subsection 13(2) has not been paid.

(2) Subsection (1) shall not apply to a student who possesses a student authorization under a Canadian visitor visa and who has come to the province for the purpose of attending public school.

PART II
PARENTS

Compulsory enrolment

15. (1) A parent of a child required to attend school under section 4 shall present that child for enrolment in a public, private or provincial school.

(2) A parent of a student who moves his or her place of residence within the province or who takes up residence in the province shall present the student for enrolment in a school within one week of moving to his or her new residence or of taking up residence in the province.

Attendance

16. A parent shall ensure that his or her child attends school unless the child is excused from attendance under this Act.

Offence

17. (1) A parent who neglects or refuses to enrol his or her child in school or does not make every reasonable effort to ensure that his or her child attends school is guilty of an offence.

(2) A person who by threat, intimidation or otherwise prevents or attempts to prevent the attendance of a child at school is guilty of an offence.

(3) A conviction under this section does not bar further prosecution for the continued contravention of this section and each day's continued contravention shall constitute a separate offence.

(4) A person who is guilty of an offence under this section is liable on summary conviction to a fine not exceeding $500 or to imprisonment for a term not exceeding 3 months or to both a fine and imprisonment.

Duty to report

18. (1) A person who has reason to believe that

(a) a child who is required to be enrolled under section 15 is not enrolled; or

(b) a child who is receiving instruction under section 6 is not receiving instruction in accordance with this Act,

shall report that belief to the director for the district in which that child resides.

(2) An action shall not lie against a person who makes a report or the director with respect to an action taken as a result of a report received under subsection (1) unless the report is made or the action is taken maliciously.

Regular attendance

19. (1) A teacher, principal and director shall make every reasonable effort to secure the regular attendance of students at school.

(2) A principal who

(a) is satisfied that every reasonable effort has been made to have a student who has been absent from school return to regular attendance at school; and

(b) believes reasonably that the absence of a student constitutes a breach of this Act,

shall give a written report of the situation to the director.

(3) Where the director receives a report under subsection (2) and is satisfied that every reasonable effort has been made to have the student return to regular attendance and these efforts have been unsuccessful he or she shall refer that matter for investigation to the nearest detachment of the Royal Newfoundland Constabulary or of the Royal Canadian Mounted Police.

Parent information

20. (1) A parent of a student attending a school is entitled to

(a) be informed of the student's attendance, behaviour and progress in that school; and

(b) have access on request to annual reports respecting the general effectiveness of education programs in that school and in the school district.

(2) A parent of a student attending school may request that a teacher or the director consult with him or her with respect to the student's education program and that teacher or director shall comply with that request unless the request is unreasonable in terms of frequency or other circumstances.

(3) A teacher or the director may request that a parent of a student consult with him or her with respect to that student's education program and that parent shall comply with that request.

Liability for damage

21. Where property of a board or of 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.

Appeal

22. (1) Where a decision affects a student, the parent of the student or the student, if the student is 19 years of age or older, may appeal the decision

(a) of a board employee employed in a school, to the principal and his or her decision may be appealed to the board;

(b) of the principal to the board; and

(c) of a board employee not employed in a school, to the board,

and the board's decision on the appeal shall be final.

(2) An appeal under subsection (1) shall be commenced within 15 days from the date that the parent or student is informed of the decision.

(3) An appeal under this section shall be made in accordance with this Act and the by-laws of the board.

(4) A decision made under this section that is final or that is not appealed within the appeal period is binding upon the student, school, board and other persons affected by that decision.

(5) This section shall not apply to expulsion decisions under section 38.

PART III
SCHOOLS

Application

23. Sections 24 through 42 apply to public schools.

Principal

24. (1) A board shall appoint a principal for every school in the district.

(2) A principal appointed under the former Act shall be considered to have been appointed under subsection (1) immediately upon the commencement of this Act.

(3) A principal of a school shall, subject to the direction of the board,

(a) provide instructional leadership in the school;

(b) ensure that the instruction provided by the teachers employed in the school is consistent with the courses of study and education programs prescribed or approved under this Act;

(c) ensure that the evaluation and grading of students is conducted in accordance with generally accepted standards in education;

(d) evaluate or provide for the evaluation of programs offered in the school;

(e) manage the school;

(f) maintain order and discipline in the school and on the school grounds and at those other activities that are determined by the principal, with the teachers of the school, to be school activities;

(g) promote co-operation between the school and the communities that it serves;

(h) provide for the placement of students in courses of study and education programs prescribed or approved under this Act;

(i) provide for the promotion and advancement of students;

(j) evaluate or provide for the evaluation of teachers employed in the school;

(k) annually provide a report with respect to the school;

(l) ensure a student record is established and maintained for each student in the school; and

(m) carry out other duties assigned by the board.

School councils

25. (1) A principal of a school shall establish a school council for the school.

(2) A school council shall consist of no fewer than 8 members and no more than 15 members, including members under subsections (4) and (7), of whom

(a) no fewer than 2 shall be teachers elected by teachers from among teachers of the school;

(b) no fewer than 3 shall be parents elected by parents from among parents of students in the school; and

(c) no fewer than 2 shall be representatives of the community appointed by the school council members elected under paragraphs (a) and (b).

(3) Where a school council consists of more than 8 members, those members shall be elected and appointed in a manner consistent with the representation of members under paragraphs (2)(a), (b) and (c).

(4) The principal of a school shall be a member of the school council for that school by virtue of his or her position.

(5) A parent of a student in a school who is a teacher in that school shall not be eligible to be elected to the school council for that school under paragraph (2)(b).

(6) Notwithstanding subsections (2), (3) and (9), a school with fewer than 4 teachers, including the principal, shall appoint all of its teachers to the school council.

(7) In addition to the requirements of subsection (2), in a school where senior high school courses are taught, at least one student who is elected by students in those courses shall be a member of the school council.

(8) A school council shall elect a chairperson from among its members but the principal is ineligible for election.

(9) A member of a school council elected or appointed under subsection (2) shall hold office for a period of not more than 3 years and may be elected or appointed to that school council for one further term of 3 years.

(10) Notwithstanding subsection (9), of the members of a school council first elected or appointed under subsection (2),

(a) 1/3 or as near as may be possible shall serve for a term of one year;

(b) 1/3 or as near as may be possible shall serve for a term of 2 years; and

(c) the remaining members shall serve for a term of 3 years.

(11) Notwithstanding subsection (10), at all times, members of a school council shall be elected and appointed in a manner consistent with the representation of members under paragraphs (2)(a), (b) and (c).

(12) Notwithstanding subsections (9) and (10), a member of a school council shall continue to serve on that school council until he or she is replaced.

(13) A vacancy on the school council shall be filled in the same manner as the member being replaced and the replacement member shall serve only for the remainder of the term of office of the member being replaced and may be re-elected or re-appointed for one term of 3 years.

(14) A principal shall report in writing to the director not later than September 30 of the school year if he or she is unable to establish a school council, and the board, if satisfied that every reasonable effort has been made to establish the school council, may exempt the principal from the obligation to establish a school council or approve a school council for that school year whose composition differs from that required under subsection (2).

Functions of school councils

26. (1) The purpose of a school council is to develop, encourage and promote policies, practices and activities to enhance the quality of school programs and the levels of student achievement in the school.

(2) The functions of a school council are to

(a) represent the educational interests of the school;

(b) advise on the quality of teaching and learning in the school;

(c) facilitate parent and community involvement in teaching and learning in the school; and

(d) advise the board on matters of concern to the school and the community.

(3) The school council shall

(a) approve, for recommendation to the board, a plan for improving teaching and learning in the school;

(b) support and promote the plan approved by the board for improving teaching and learning in the school;

(c) approve and monitor activities for the raising of funds for the school;

(d) consider information respecting performance standards in the school;

(e) assist in the system of monitoring and evaluating standards in the school;

(f) monitor the implementation of recommendations in reports on the performance of the school;

(g) conduct meetings with parents and members of the community on matters within its responsibility under this section;

(h) ensure that the report on the school prepared under paragraph 24(3)(k) is available to members of the public; and

(i) communicate concerns respecting board policies and practices to the board.

(4) The school council may, subject to the by-laws of the board, approve a levy, the payment of which is voluntary, once in a school year, instead of, or as a supplement to, fund raising activities for the school.

(5) A board shall enter into a protocol with each school council which shall serve as a guide and reference for school council operations.

(6) The board may with the consent of the school council delegate responsibilities to the school council in addition to those set out in subsections (2) and (3).

(7) The school council shall operate in accordance with the by-laws of the board.

School opening

27. (1) Schools shall open and close for the school year on the dates determined by the minister.

(2) The Lieutenant-Governor in Council may declare a day as a school holiday and a school shall observe that school holiday but a board shall specify all other holidays and vacation periods in a school year.

School hours

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

(a) for kindergarten, 2.5 hours;

(b) for grades 1 to 3, 4 hours; and

(c) for grades 4 to 12, 5 hours.

Extended school year

29. (1) The minister may direct that a school which, in his or her opinion, cannot be kept in continuous operation during a school year, be kept open during periods of vacation ordinarily observed by schools.

(2) Where a school is kept open under subsection (1) the provisions of this Act respecting attendance at school shall apply.

Closing

30. A board may authorize the closing of a school or class for a temporary period for a reason referred to in section 32.

Presence of teacher

31. Unless assigned to other duties by the principal or absent because of illness or other unavoidable cause, a teacher shall be in school during a period in the morning and in the afternoon immediately preceding the time set for the opening of school as required by the by-laws of the board.

Teaching days

32. A teacher in a school shall, for the purpose of determining payment of salary, be considered to have taught on a day or part of it when

(a) the teacher having charge of the school closes it because of inclement weather, under a general authority given to him or her orally or in writing by or under the direction of the board;

(b) the school is closed by order of the Minister of Health by reason of disease being or threatening to become epidemic;

(c) the school is closed by the board at any time after opening to enable repairs to be effected;

(d) the school is declared uninhabitable by the board because of fire, storm, failure of the sewage system or other cause of a similar nature;

(e) the teacher was unavoidably prevented from opening the school because of delay in construction of new buildings or the extension, remodelling or renovation of existing buildings and the minister is satisfied that no alternative accommodation was available;

(f) the school was closed because of lack of heating or for another reason, where, in the opinion of the minister, the closing of the school could not have been avoided by the teacher; or

(g) the teacher is required to act as a member of the board of arbitration established in accordance with the collective agreement as defined in the Teachers' Collective Bargaining Act.

Responsibilities of teachers

33. A teacher's responsibilities shall include

(a) providing instruction to students and encouraging and fostering student learning;

(b) promoting goals and standards applicable to the provision of education approved under this Act;

(c) teaching the courses of study and education programs that are prescribed or approved under this Act;

(d) regularly evaluating students and periodically reporting the results of the evaluation to the student and his or her parent;

(e) under the direction of the principal, maintaining and supervising order and discipline among the students while they are in the school or on the school grounds and while they are attending or participating in activities that are determined by the principal, with the teachers of the school, to be school activities; and

(f) carrying out those duties that are assigned to the teacher by the principal or the board.

School register

34. A teacher shall keep a school register in the manner the minister may require.

Register as evidence

35. A copy of a register maintained in a school or, in the absence of a register, 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 register or the certificate without proof of the signature or of the official capacity of the person who signed the register or certificate.

Corporal punishment

36. A person shall not administer corporal punishment to a student in a school.

Suspension

37. (1) A teacher may suspend a student from a class period in accordance with the by-laws of the board.

(2) A teacher shall report a suspension of a student to the principal as soon as practicable, but in any event before the end of that school day.

(3) A principal may in accordance with the by-laws of the board suspend a student from

(a) one or more class periods;

(b) one or more courses or school programs;

(c) school;

(d) riding on a school bus; and

(e) participating in an activity sponsored or approved by the board.

(4) A principal may reinstate a student suspended by the principal or a teacher.

(5) A period of suspension shall be in accordance with the by-laws of the board and shall be no longer than 30 school days in total in a school year.

(6) Notwithstanding subsection (5), the director may approve the extension of a period of suspension if the principal can demonstrate that the presence of the suspended student in the school threatens the safety of board employees or students or frequently and seriously disrupts the classroom or the school.

(7) Where a period of suspension is extended under subsection (6), before reinstating the student, the director may require certification from a medical practitioner or other professional person whom the director considers appropriate, that the student no longer threatens the safety of board employees or students.

(8) Where a principal suspends a student under paragraph (3)(b), (c), (d) or (e), the principal shall immediately

(a) inform the student's parent of that suspension;

(b) report in writing to the student's parent and to the student all the circumstances respecting the suspension; and

(c) report in writing to the director all the circumstances respecting the suspension.

(9) Upon receiving a report from a principal under paragraph (8)(c), the director, within 3 school days of receiving the report, shall

(a) uphold the suspension;

(b) alter the terms of the suspension; or

(c) cancel the suspension.

(10) Where the suspension is cancelled under paragraph (9)(c) the director may strike the suspension from the student record.

Expulsion

38. (1) Where a student is persistently disobedient or defiant or conducts himself or herself in a manner that is likely to injuriously affect the proper conduct of the school, the principal shall

(a) warn the student and record the date of and reason for the warning;

(b) notify the student's parent, in writing, that the student has been warned;

(c) send a copy of the notice referred to in paragraph (b) to the director; and

(d) discuss with the student's parent the circumstances giving cause for the warning.

(2) Where, after a reasonable period and consultation with appropriate employees of the board, it is determined that the student has not made a satisfactory effort to reform, the principal shall report in writing to the director and recommend to the director that the student be expelled.

(3) Prior to the director making an order under subsection (4), the parent or the student, if the student is 19 years of age or older, may make representations to the director.

(4) Within 3 school days of receiving a report under subsection (2) the director shall consider the recommendation and shall order that the student be expelled or not be expelled.

(5) A board may re-admit a student who has been expelled.

(6) Where a student is expelled, the director shall notify the parent or, where the student is 19 years of age or older, the student, of the right to have the expulsion reviewed.

Re-admission

39. A student who has been expelled shall have the right to be re-admitted at the commencement of the next school year.

Review of expulsion

40. (1) Where a student has been expelled under section 38, a parent of the student or, if the student is 19 years of age or older, the student, may, within 15 days of the effective date of the expulsion, make a written request to the board that the expulsion be reviewed.

(2) Upon receiving a request under subsection (1) the board shall appoint 3 of its members as a review panel to investigate the circumstances of the expulsion and to make an order upholding or reversing the order to expel the student.

(3) The order of a review panel made under subsection (2) is binding upon the student, school, board and other persons affected by it.

Maintaining standards

41. (1) The minister shall establish a method of monitoring, evaluating, inspecting and reporting to ensure that each school maintains adequate program and school performance standards and may appoint persons to evaluate and report on the performance of schools in the province.

(2) The minister shall provide public notice of a report received under subsection (1) and make the report available to the public.

Prohibition

42. A person shall not

(a) disturb or interrupt the proceedings of a school, school council or board;

(b) loiter or trespass in a school building or on property owned or used by a board; or

(c) canvass, sell or offer to sell goods, services or merchandise to a teacher or a student in a school without the approval of the school council, and if there is no council, of the board.

Private schools

43. (1) A person may, with the prior written permission of the minister, establish and operate a private school in the province.

(2) A person proposing to establish a private school shall provide to the minister

(a) the name of the person who will own or operate the private school;

(b) the purpose for which the private school is to be established;

(c) a description of the classes and education programs to be taught in the private school; and

(d) additional information that may be requested by the minister.

Private school requirements

44. Before permission to establish and operate a private school is given, a person shall satisfy the minister that

(a) the buildings or premises to be used by the private school are appropriate for use as a school;

(b) the courses of instruction to be offered in the private school are as prescribed or approved by the minister; and

(c) the teachers to be employed in the private school hold a valid certificate or licence issued under the Teacher Training Act.

Private school inspection

45. (1) The minister may appoint a person to inspect a private school.

(2) A person acting under subsection (1) may enter the private school at all reasonable hours and conduct an inspection of the school and all records or documents relating to it.

Private school revocation

46. The minister may revoke or suspend his or her permission to establish or operate a private school where, in the opinion of the minister, that private school does not comply with the requirements of this Act.

Private school report

47. (1) The person in charge of a private school shall annually make a report to the minister furnishing the statistical information regarding enrolment, staff, courses of study and other information that the minister may require.

(2) A private school approved by the minister shall inform the minister before July 1 of each school year of an intention to vary or change a program in that school.

Private school operation

48. (1) A person shall establish and operate a private school in accordance with terms and conditions set by the minister.

(2) Where a private school is the only school available for students of particular grades, the sections of this Act relating to the responsibility of boards, parents, principals, teachers and students shall, with the necessary changes, apply as if it were a public school.

(3) A person operating a private school to which subsection (2) applies shall admit a representative of a religious denomination referred to in subsection 3(1) of the Education Act, 1996 for the purpose of religious education, activities and observances for the students in that school of the denomination he or she represents.

(4) Religious education, activities and observances under subsection (3) may be undertaken in a manner and for periods of time comparable to those approved for an interdenominational school in the district in which the private school is located.

(5) Students attending a private school shall be subject to provincial testing programs required by the minister or under this Act.

Offence

49. (1) A person who

(a) establishes or operates a private school without the written permission of the minister;

(b) operates a private school where permission of the minister has been revoked or suspended under section 46; or

(c) contravenes a provision of this Act respecting private schools,

is guilty of an offence and liable on summary conviction to a fine not exceeding $1,000 and in default of payment to imprisonment for a term not exceeding 3 months or to both a fine and imprisonment.

(2) A conviction under this section does not bar further prosecution for the continued contravention of this section and each day's continued contravention shall constitute a separate offence.

Provincial schools

50. (1) The minister may establish and operate a provincial school.

(2) A provincial school may be operated by the department separately, or by, with or for another department of government, a board or an organization approved by the minister.

(3) The cost of the establishment and operation of a provincial school shall be paid by money voted for that purpose by the Legislature.

Schools in institutions

51. (1) The minister may, where he or she considers it necessary, establish a school in a hospital or similar institution operated by or for the Department of Health and in a prison or similar institution operated by the Department of Justice.

(2) A school established under subsection (1) shall be administered as directed by the minister.

(3) The opinion of the minister as to what is a similar institution is conclusive for the purpose of this section.

PART IV
SCHOOL BOARDS

School districts

52. (1) The province shall be divided into school districts as set by order of the Lieutenant-Governor in Council and the Lieutenant-Governor in Council may by order alter the boundaries or change the name of a school district.

(2) Where there is a dispute as to the boundaries of a school district, the minister shall determine those boundaries and that determination shall be final.

(3) An order made under subsection (1) shall be published in the Gazette.

School boards

53. (1) There shall be a school board elected for each district.

(2) Each board is a corporation.

(3) A board shall be elected at the time and in the manner directed by the minister subject to the approval of the Lieutenant-Governor in Council, and

(a) 2/3 of the trustees shall be representatives of the classes of persons having rights under Term 17, if the classes so desire, and the number of each class so desiring to be elected shall be proportionate to the population of that class in the area under the board's jurisdiction; and

(b) 1/3 of the trustees shall be elected without reference to a religious denomination.

(4) The number of trustees to be elected for each district under paragraphs 3(a) and (b) shall be set and may be changed by order of the Lieutenant-Governor in Council.

(5) The group of classes, having rights under Term 17 that formed one integrated school system by agreement in 1969, may be considered as if they were one class under paragraph (3)(a).

(6) A class having the right to elect a portion of the trustees under paragraph (3)(a) may combine with one or more of the other classes to exercise the right as if they were one class.

(7) An elector voting for trustees referred to in paragraph (3)(a) is eligible to vote for members from only one class referred to in that paragraph.

(8) All electors are eligible to vote for trustees referred to in paragraph (3)(b).

(9) The population of a class under paragraph (3)(a) shall be determined from the most recent census data published by Statistics Canada.

(10) Where the calculation of the number of trustees to be elected by a class under paragraph (3)(a) does not result in a whole number,

(a) a fraction less than 1/2 shall be disregarded, and where the fraction is 1/2 or more, the number shall be raised to the next whole number; but

(b) if the application of paragraph (a) results in fewer trustees than provided for in paragraph (3)(a), the number containing the largest fraction shall be raised to the next whole number until the number of trustees is the number ordered by the Lieutenant-Governor in Council under subsection (4); and

(c) if the application of paragraph (a) results in more trustees than provided for in paragraph (3)(a), only the number containing the largest fraction shall be raised to the next whole number until the number of trustees is the number ordered by the Lieutenant-Governor in Council under subsection (4).

(11) Where fewer trustees are elected to a board than the number required by an order made under subsection (4), the Lieutenant-Governor in Council shall appoint those trustees necessary in order to satisfy the order.

(12) The trustees shall elect from among their members a chairperson and other officers, and the chairperson shall hold office until the next annual general meeting of the board.

(13) A person shall not be elected or serve as a trustee where that person

(a) is an employee of the department unless prior written approval is given by the minister;

(b) is an employee of the board; or

(c) has a contract or interest in a contract with or for the board.

(14) The chairperson, or in his or her absence, the vice chairperson or a chairperson elected for that meeting shall preside over meetings of the board and of the executive committee and shall have the same right to vote as other trustees.

(15) Where a vote is tied, the question shall be considered as resolved in the negative.

District zones

54. (1) For the purpose of ensuring that all parts of a district are represented by trustees referred to in paragraph 53(3)(b), the board shall divide the district into 2 or more zones and shall define the boundaries of those zones.

(2) Where a board determines it is necessary for the purpose of ensuring that all parts of a district are represented by trustees referred to in paragraph 53(3)(a), the board may divide the district into 2 or more zones and may define the boundaries of those zones.

(3) Where a board divides the district into zones as provided for in subsection (2), the number and the boundaries of the zones need not correspond to the number and boundaries of the zones created under subsection (1).

Interim boards

55. (1) A board appointed under section 5 of the former Act is continued and

(a) is vested with the powers and charged with the duties conferred on a board under this Act; and

(b) shall hold office until the first election of trustees under this Act.

(2) Where a vacancy occurs on a board or a trustee is dismissed prior to the first election of trustees, subsections 5(2) and (3) of the former Act apply, with the necessary changes, to the appointment of a trustee.

(3) A school board continued under section 5 of the former Act shall be dissolved upon the order of the minister.

Executive committee

56. (1) A board shall establish an executive committee composed of the chairperson of the board and other trustees elected to that committee by the trustees.

(2) The executive committee of a board shall act in the place of and manage the affairs of the board between regular meetings of the board and may, except where directed otherwise by the board and, in accordance with by-laws of the board, exercise the powers and duties of the board.

(3) A quorum of the executive committee shall be a majority of the members of that committee.

(4) All actions of the executive committee carried out under subsection (2) shall be reported to the board at the next regular meeting of the board.

Dissolution of boards

57. (1) The Lieutenant-Governor in Council may dissolve a board on a specified date and that board shall be considered to be dissolved on that date.

(2) All debts and liabilities of a board that has been dissolved under subsection (1) shall be paid and discharged before that dissolution or the Lieutenant-Governor in Council may direct that all debts and liabilities of that board be assumed by a successor board.

(3) Where a board is dissolved under this section and all debts and liabilities are paid and discharged, surplus funds and real and personal property vested in or used by that board shall, subject to an agreement referred to in section 95, vest in the successor board and where there is no successor board, shall vest in the Crown.

(4) Where a board is dissolved under this section and there is a dispute as to the disposition of property vested in or used by the dissolved board, the minister may, subject to an agreement referred to in section 95, direct the disposition or dispose of the property.

Vacancy

58. Where a vacancy of a trustee position exists or where a trustee no longer resides in the district or a zone, where the district is divided into zones and the trustee was elected to represent that zone, or absents himself or herself from 3 consecutive meetings of the board without good reason the board shall inform the minister who shall declare that position vacant.

Replacement of trustees

59. (1) Where

(a) a new district is created;

(b) all the trustees of a board are dismissed;

(c) a trustee position is vacant; or

(d) a board does not have a sufficient number of trustees for a quorum,

the Lieutenant-Governor in Council shall

(e) appoint a board or a trustee; or

(f) order that there be an election of a board or of a trustee.

(2) Section 53 applies, with the necessary changes, to the appointment or election of a board or of a trustee under this section.

Board to adopt constitution

60. (1) A board shall adopt not later than 6 months after its appointment or election a constitution regarding its duties and responsibilities but the constitution and an amendment to the constitution shall not come into force until approved by the minister.

(2) The constitution under subsection (1) shall include provisions respecting

(a) the appointment or selection of a chairperson and other officers of the board;

(b) the date of the annual meeting of the board;

(c) the appointment or selection of committees considered necessary to the proper functioning of the board; and

(d) duties of the officers and committees of the board additional to those duties specified in this Act.

(3) Unless otherwise provided by the constitution of the board, a majority of the trustees of the board constitutes a quorum.

Closed meeting

61. A meeting of a board is open to the public unless it is declared by vote of the trustees to be a closed meeting from which members of the public shall be excluded.

Minutes

62. (1) A board and the executive committee of that board shall keep minutes of its proceedings and the minutes shall at all reasonable times be available for inspection by an official of the department designated by the minister, and on request, to members of the public.

(2) Notwithstanding subsection (1), the minutes of a closed meeting shall not be available to the public.

Meetings and business

63. (1) A board shall hold an annual meeting on the date specified in its by-laws, and in any event not later than November 30.

(2) A board shall hold meetings to transact the business of the board not less than once every 3 months.

(3) A special meeting of the board may be held at the request of the chairperson, and shall be called when a written application, specifying the purpose of the proposed meeting, is made to the chairperson by a majority of the trustees and business shall not be transacted at a special meeting other than business for which the meeting was called.

(4) A trustee shall be given at least 4 days' notice, in writing, of the business to be transacted at a regular meeting.

(5) Members of a board shall serve without remuneration but may be reimbursed by a board at a rate set in a policy directive of the minister for travelling and other expenses reasonably incurred in connection with the work of the board.

Execution of documents

64. (1) The board shall by resolution, certified by the chairperson or other person approved by the board, determine those trustees who shall execute all deeds and other documents on behalf of the board.

(2) The board shall by resolution, certified by the chairperson or other person approved by the board, appoint a person or persons as signing officers with respect to the signing of cheques and other daily transactions of the board.

Annual budget

65. (1) A board shall at a date that the minister may determine in each year submit to the minister a copy of its annual budget for the next fiscal year.

(2) The annual budget submitted to the minister under subsection (1) shall provide

(a) detailed estimates of operating expenses of the board for the next fiscal year;

(b) detailed estimates of revenue of the board for the next fiscal year from all sources;

(c) estimates of a surplus projected to accrue to the board in the current fiscal year; and

(d) other information that may be required by the minister.

(3) A board shall not in a fiscal year incur, contract for or become liable for an expenditure or debt that is more than the estimated expenditure or debt set out in its annual budget except with the prior written approval of the minister.

(4) The minister may appoint a person to examine the books of account and other financial records of a board and, at the request of that person, the board shall provide him or her with its books of account and other financial records and an officer or employee of the board shall answer questions pertaining to them and provide other assistance that the person may request.

Accounts and audits

66. (1) A board shall keep an accurate record of all receipts and expenditures and ensure that all funds received from the Crown are expended only for the purpose for which they are provided and prepare and submit to the minister at the end of each school year a detailed statement of its accounts audited by a person licensed under the Public Accountancy Act in the form and at a time that the minister may require.

(2) The auditor shall, during the course of each audit, inspect the bonds entered into with respect to the board and report on their sufficiency to the minister.

(3) Where a board does not transmit to the minister the statement of accounts referred to in subsection (1), the minister may withhold further payment of funds until statements of account satisfactory to the minister have been provided.

Audit directed by minister

67. (1) Where an audit under section 66 has not been conducted to the satisfaction of the minister, the minister may direct in writing that the accounts of that board be audited by an auditor designated by the minister, and that auditor shall report on his or her audit to the minister.

(2) The board shall, when requested, provide to a person conducting an audit under section 66 or subsection (1), all account books, accounts, supporting documents and other information necessary to complete the audit.

(3) A trustee who refuses to supply a book, account or information in his or her possession which is necessary for an audit may be removed from office by the Lieutenant-Governor in Council.

(4) Where an audit shows that funds are not being expended in accordance with this Act, the minister may withhold further payments of funds until this Act is complied with.

Conflict of interest

68. (1) A trustee has a conflict of interest and shall not vote or speak on a matter before the board or a committee of the board where

(a) the trustee or a relative of the trustee has a direct or indirect monetary or other interest in the matter; or

(b) the trustee is an officer, employee or agent of an incorporated or unincorporated company, or other association of persons, that has a direct or indirect monetary or other interest in that matter.

(2) A trustee with a conflict of interest under subsection (1) shall not enter into a contract with the board.

(3) For the purpose of subsection (1) a relative of a trustee means a father, mother, spouse, sister, brother, child, step-child, ward, mother-in-law, father-in-law, sister-in-law or brother-in-law of the trustee.

(4) In order for an interest to be considered as one falling within the prohibition set out in subsection (1) it shall be an interest distinct from an interest held in common with the electors generally in the district of the board.

Disclosure

69. (1) Where a trustee has a conflict of interest under section 68, the trustee shall state that he or she has that conflict of interest and its nature at the beginning of discussion on the matter in which he or she has that conflict of interest.

(2) Where the trustee who declares a conflict of interest under subsection (1) is the chairperson he or she shall vacate the chair.

(3) A trustee who declares a conflict of interest under subsection (1) shall leave the meeting while the matter on which he or she has a conflict of interest is being discussed.

(4) A trustee who is in doubt as to whether or not he or she has a conflict of interest under section 68 shall disclose that interest to the board and the board may decide the question by majority vote and its decision on the matter is final.

Proceeding voidable

70. The failure of a person to comply with the requirements of section 69 does not invalidate a proceeding of the board, but the proceeding is voidable by the board before the expiration of 2 years from the date of the passing of the resolution or by-law in respect of which the failure occurred, unless to invalidate the proceeding would adversely affect the rights of another person who acquired those rights under the proceeding and who acted in good faith and without actual notice of the failure to comply with section 69.

Application to Trial Division

71. (1) A person who resides in the district may, within 6 weeks of learning that a trustee may have contravened section 68, apply to the Trial Division to determine if the trustee has contravened section 68.

(2) The applicant shall state the grounds for alleging a contravention of section 68 by the trustee.

(3) An application shall not be brought under subsection (1) after the expiration of 2 years from the time at which the contravention is alleged to have occurred.

Conflict of interest remedy

72. (1) Where the Trial Division determines that a trustee contravened section 68, the Trial Division

(a) shall, in the case of a person currently holding office as a trustee, declare the office of the trustee vacant; and

(b) may, where the contravention has resulted in financial gain to the trustee, require the trustee to make restitution to the person suffering the loss or, where that person is not readily ascertainable, to the board of which he or she is a trustee or former trustee.

(2) Where the Trial Division determines that a trustee contravened section 68, but was acting in good faith, the trustee shall not have his or her office declared vacant under paragraph (1)(a).

Irregular management of affairs

73. (1) Where the minister is satisfied that the affairs of a board are managed in an irregular, improper or improvident manner, the minister may by order in writing direct the board or a trustee of the board to take action that the minister considers necessary or advisable in the circumstances.

(2) Where satisfied that the affairs of a board are managed in an irregular, improper or improvident manner the Lieutenant-Governor in Council may dismiss one or more of the trustees of the board.

By-laws

74. (1) A board shall adopt by-laws respecting

(a) the procedure for an appeal under section 22;

(b) the periods during which teachers are required to be in school under section 31;

(c) the suspension of students under section 37;

(d) the calling and conduct of meetings of the board and the administration and business of the board; and

(e) the imposition of a levy by a school council.

(2) A board may make by-laws that are not inconsistent with this Act and that are necessary or desirable to carry out its powers and duties under this Act.

(3) A by-law of a board shall not come into force until approved by the minister.

Duties of boards

75. (1) A board shall

(a) organize and administer primary, elementary and secondary education within the district;

(b) notwithstanding subsection 84(2) and Part V, provide for the instruction of students who have a right to attend a school under the jurisdiction of the board either by the establishment of a program in its schools or by making an arrangement with another board or with another educational body in Canada;

(c) determine policy for the effective operation of primary, elementary and secondary schools in the district;

(d) ensure that policies and guidelines issued by the minister relating to special education for students are followed in schools under its jurisdiction;

(e) ensure adequate supervision of all students enrolled in its schools during the period for which the board is responsible for those students;

(f) develop a policy on employment equity and a plan for implementing the policy;

(g) appoint and dismiss employees;

(h) appoint and assign duties of teachers;

(i) adopt personnel policies which shall follow the personnel administration procedures of the government of the province, with the necessary changes, unless other policies are approved, in writing, by the minister;

(j) formulate policies for evaluating employees;

(k) arrange for the bonding of the assistant director of finance and administration and other persons employed by the board whose duties include the collecting, receiving or depositing of money belonging to the board;

(l) purchase or otherwise acquire, subject to the prior written approval of the minister, real property that it requires;

(m) ensure that those programs or courses of study and the materials prescribed or approved by the minister are followed in the schools under its control;

(n) follow the courses of study and the materials in religious education prescribed by the commission;

(o) ensure that each school within its district maintains adequate program and performance standards;

(p) establish policies for student evaluation and student promotion;

(q) plan for school construction, maintenance and repair;

(r) make known to the public and enlist the support of the public for board policies and programs;

(s) transmit to the minister all records and returns required by this Act and other reports and returns that the minister may require;

(t) where the board considers it necessary, arrange for a system of transportation of students to and from schools;

(u) where arrangements are made by it for the transportation of students, ensure that all vehicles engaged in carrying students to and from school are

(i) in good mechanical condition,

(ii) have adequate liability insurance, and

(iii) that an appropriate bus safety program is offered to students who are transported by bus;

(v) insure and keep insured all its buildings and equipment and obtain insurance indemnifying it against liability in respect of a claim for damages or personal injury;

(w) admit, at all reasonable times and subject to the terms of an agreement between it and Memorial University of Newfoundland, a student enrolled in the Faculty of Education or School of Physical Education and Athletics at that University to a school under its control for the purpose of observation and the practice of teaching;

(x) admit, at all reasonable times and subject to the terms of an agreement between it and a college or institute, a student enrolled in a training program for student assistants, to a school under its control for the purpose of observation and activities associated with a work term;

(y) organize and administer a school in an institution, where directed to do so by the minister; and

(z) comply with a policy directive of the minister.

(2) Notwithstanding paragraph (1)(g), an emergency supply shall not be employed or appointed to teach without the permission of the minister.

(3) A board shall be responsible to the minister for the expenditure of public funds, the conduct of programs of instruction, and evaluation required by the minister and for the maintenance of adequate program and performance standards in schools in the district.

Powers of boards

76. A board may

(a) employ persons that the board considers necessary for its operations and to carry out its objects;

(b) enter into agreements for the purpose of carrying out its functions under this Act;

(c) subject to paragraph 79(1)(d), permit a school building under its control to be used outside of school hours, where this does not interfere with the regular conduct of the school;

(d) assess a person or group a fee for use of a school under paragraph (c);

(e) require a student, believed by a teacher to be suffering from a communicable disease or a physical or mental condition which might endanger an employee of the board or other students, to be examined by a medical practitioner or other professional person appointed or approved by the board and, upon the recommendation of the medical practitioner or that other professional person, exclude that student from school until a certificate acceptable to the board is obtained from a medical practitioner or that other professional person permitting that student to return to school, but an exclusion or extension of an exclusion shall be reviewed by the board within 25 school days;

(f) by notice, in writing, require an employee or other person to undergo a physical examination by a medical practitioner appointed or approved by the board or a psychological examination by 2 medical practitioners or 2 psychologists registered under the Psychologists Act and to submit a certificate acceptable to the board signed by the medical practitioners or psychologists setting out the conclusions regarding the physical or mental health of that employee or person;

(g) summarily dismiss an employee or other person who within 14 days from the date of receiving a notice under paragraph (f) has not made a reasonable attempt to obtain the examination;

(h) where a certificate submitted to a board under paragraph (f) shows that an employee or other person's physical or mental health would be injurious to an employee of the board or the students, direct the employee or other person to take sick leave or other earned leave or, where he or she has no sick leave or other earned leave or the sick leave or other earned leave is exhausted, require the employee or other person to take unpaid leave;

(i) suspend from work, with or without pay, an employee or other person who is charged with an offence that in the opinion of the board would make that employee or other person unsuitable to perform his or her duties;

(j) provide, subject to the written permission of the parent of the student concerned and in conjunction with the appropriate officials responsible for traffic control in the area, a system of school patrols in which a student may assist in the control of motor vehicle traffic on highways or elsewhere so far as the traffic may affect a student going to or from the school;

(k) raise money, subject to the prior written approval of the minister, upon its corporate credit and for the purpose of the board;

(l) sell or lease property for the purpose of the board, subject to the prior written approval of the minister;

(m) levy a fee for the transportation of students; and

(n) become a member of a provincial association of school boards and pay a required membership fee.

School viability

77. (1) A board may establish, maintain and operate a public school where the school provides programs or courses of study that satisfy the minimum requirements as approved by the minister.

(2) The minister shall determine and, by order, specify a school that is a small school in which the requirements of subsection (1) cannot be met, but the school must be maintained and operated because of isolation or because the students cannot reasonably be accommodated in another school.

(3) A school specified in an order under subsection (2) shall receive an allocation of resources, as approved by the minister, additional to the allocation of resources provided for schools not specified in the order under subsection (2).

(4) The board shall ensure that an additional allocation received under subsection (3) for a school is used in that school.

Denominational committees

78. (1) Where the commission determines under paragraph 3(5)(c) of the Education Act, 1996 that a denominational committee for a class is required for a board, those trustees elected as representatives of that class under paragraph 53(3)(a) shall, from among themselves, appoint that committee, consisting of no more than 4 persons.

(2) Where a board has an insufficient number of trustees of a religious denomination to constitute a denominational committee, the board may appoint persons to that denominational committee in accordance with paragraph 3(5)(d) of the Education Act, 1996.

(3) The chairperson and the vice-chairperson of a school board are not eligible to be members of a denominational committee.

Denominational committee - uni-denominational schools

79. (1) A denominational committee may, for a uni-denominational school established, maintained and operated for that denomination,

(a) direct

(i) religious education, including teacher assignment for religious education,

(ii) pastoral care, religious activities and observances,

(iii) the philosophy and ambience, and

(iv) the teaching of aspects of curriculum affecting religious beliefs

in that school;

(b) direct the student admission policy for that school;

(c) exercise the rights respecting teachers set out in paragraph (c) of Term 17; and

(d) approve the use of that school outside of school hours, where this does not interfere with the regular conduct of that school.

(2) Where a recommendation of a denominational committee regarding the assignment of a teacher under paragraph (1)(c) is not approved by the board, the denominational committee shall make further recommendations until a candidate acceptable to the board is found.

Denominational committee - interdenominational schools

80. A denominational committee may for an interdenominational school direct religious education, pastoral care and religious activities and observances for children of that denomination in that school.

Board may exercise power

81. Where a denominational committee does not exercise a power given to it under section 79 or 80, the board may exercise that power.

Designation of schools

82. Commencing on September 1, 1997, a school shall be an interdenominational school unless the requirements set out in the regulations for designation as a uni-denominational school are satisfied following a registration process to determine parental preference.

Uni-denominational schools

83. Where there is a demand for a school by one class of persons having rights under paragraph (b)(i) of Term 17 a board shall, in accordance with sections 84 to 86, establish, maintain and operate a public school called a uni-denominational school for students of that religious denomination or the integrated group of religious denominations.

Uni-denominational school in single school area

84. (1) Where a public school is the only public school available for students of particular grades, the board shall designate the school as an interdenominational school unless, through a registration process, a preference for designation as a uni-denominational school is indicated by the parent of a student, for a majority of the students in the attendance zone for that school.

(2) Where a school is designated as a uni-denominational school under subsection (1), notwithstanding paragraph 79(1)(b), every student in those grades in the attendance zone for that school shall have the right to attend that school unless the student has been suspended or expelled from attendance at school under this Act.

Uni-denominational school in area with more than one school

85. Where there is more than one public school available for students of particular grades, the board shall determine, through a registration process, if a school shall be designated as a uni-denominational school.

Review of designation

86. (1) A board may conduct a registration process for the purpose of reviewing the designation of a school as an interdenominational or uni-denominational school and may change that designation 5 years after the designation unless a shorter period is provided for in the regulations.

(2) The board shall conduct the registration process and make or alter the designation under sections 82 to 85 and subsection (1) of this section as prescribed by regulation.

Definitions

87. For the purpose of sections 78 to 86, and sections 88 and 95

(a) "religious denomination" means religious denomination as referred to in subsection 3(1) of the Education Act, 1996; and

(b) "the integrated group of religious denominations" means those denominations party to the integration agreements executed in 1969 between the Diocesan Synod of Newfoundland, the Newfoundland Conference of the United Church of Canada, the Territorial Commander for the Salvation Army for Canada and the Newfoundland Presbytery of the Presbyterian Church in Canada.

Interpretation

88. For the purpose of sections 78 to 86

(a) "interdenominational school" means a school that is not a uni-denominational school;

(b) "uni-denominational school" means a school established, maintained and operated for one class of persons having rights under Term 17; and

(c) the integrated group of religious denominations may be considered as if they were one class.

Zoning

89. (1) A board may establish an attendance zone for each school within its district and each student who resides in that zone shall attend a school specified for that attendance zone.

(2) Notwithstanding subsection (1),

(a) a board may permit a student who resides in one attendance zone to attend a school in another attendance zone; and

(b) a student who meets the criteria for admission to a uni-denominational or a French language school may attend a uni-denominational or a French language school located outside the attendance zone in which that student resides.

Directors

90. (1) A board shall appoint a director and no more than 3 assistant directors, unless a larger number is approved by the minister, one of whom shall be the assistant director of finance and business administration.

(2) A director and an assistant director shall be appointed for a 5 year term and, following a satisfactory performance evaluation by the board, the appointment may be renewed.

(3) A board 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 board shall report the dismissal in writing to the minister immediately upon giving the notice.

Director duties

91. (1) A director shall, under the direction of the board,

(a) supervise and direct the staff employed by the board;

(b) administer, supervise and evaluate all education programs and services for the operation of schools in the district;

(c) recruit and recommend for appointment employees and, subject to the approval of the board, assign them to positions and duties;

(d) determine in accordance with this Act the school that a student shall attend;

(e) recommend the promotion, transfer and termination of employment of employees of the board;

(f) develop and implement a program of supervision and in-service training for employees of the board;

(g) supervise all schools, property, teachers, and other employees of the board and visit each school as frequently as feasible and at least once in each school year;

(h) determine the programs for primary, elementary and secondary school grades and develop policies for promoting students;

(i) provide leadership in evaluating and improving the education program in the district;

(j) advise the board on planning for the extension, construction, renovation and repair of buildings;

(k) assist the board in preparing its annual budget;

(l) facilitate communication between the board and employees;

(m) attend meetings and institutes as required by the minister;

(n) as required by the minister, make annual reports to the board and to the department on the education program in the board's district;

(o) be, by virtue of his or her position, a non-voting member of all board committees and attend all meetings of the board and the executive committee, except those meetings or parts of meetings during which matters related directly to the employment of the director are to be discussed; and

(p) perform other duties required by the board and under this Act.

(2) An assistant director shall report to the director.

Suspension by director

92. (1) Where a director is of the opinion that the presence of an employee or other person is an immediate threat to the welfare of students or an employee of the board, the director may suspend that employee or other person, with or without pay, from the performance of his or her duties.

(2) The director shall immediately, in writing, notify the board of a suspension under subsection (1).

(3) Where the board receives a notification under subsection (2), it shall, as soon as is practicable, confirm, vary or revoke the suspension of the employee or other person and shall, where the suspension is confirmed or continued, determine if the suspension shall be with or without pay.

Medical certificate

93. (1) An employee or other person who has been dismissed under paragraph 76(g) shall not accept a position with another board until a certificate of a medical practitioner or a psychologist registered under the Psychologists Act as to his or her health, has been submitted to, and considered acceptable by the board.

(2) An employee or other person required to take leave under paragraph 76(h) shall not return to work until he or she delivers to the board a certificate acceptable to the board signed by a medical practitioner in respect of his or her physical health, or by 2 medical practitioners or 2 psychologists registered under the Psychologists Act as to his or her mental health, stating that he or she has recovered sufficiently to return to work.

Contracts to be in writing

94. The terms and conditions of a contract of employment between a board and an employee shall be in writing and consistent with this Act.

Property

95. (1) All real and personal property used for the purpose of education by a board immediately before this section comes into force shall continue to be used for the purpose of education by the board.

(2) The use of all real and personal property by a board under subsection (1) shall be without compensation to the person or association of persons in which the title to the property is vested.

(3) Where title to property used for the purpose of education by a board is vested in a denominational authority immediately before this section comes into force, and no property, or funds for the purchase, construction or maintenance of the property, have been provided by a religious denomination, that denominational authority shall transfer that title to the board, and the cost of the transfer of title shall be paid by the board.

(4) Where property used for the purpose of education by a board, or funds for the purchase, construction or maintenance of that property, have been provided by a religious denomination and title to the property is vested in a denominational authority, that denominational authority shall, as soon as practicable, enter into an agreement with the board relating to

(a) all matters necessary for the board to manage, maintain, use, equip and improve the property while the property is required by the board for the purpose of education; and

(b) disposition of the property, where the board no longer requires the property for an educational purpose.

(5) Where property used for the purpose of education by a board, or funds for the purchase, construction or maintenance of that property, have been provided by a religious denomination and title to the property is vested in a board, that board shall, as soon as practicable, enter into an agreement with the denominational authority that held title prior to the vesting of title in a school board relating to the disposition of the property, where the board no longer requires the property for an educational purpose.

(6) The minister shall establish a procedure for the resolution of an agreement

(a) if an agreement referred to in subsection (4) has not been entered into within 12 months of the coming into force of this section; and

(b) if an agreement referred to in subsection (5) has not been entered into as soon as practicable.

(7) An agreement under this section is of no effect until it is approved in writing by the minister.

(8) In this section and sections 97 and 101 "denominational authority" means

(a) an integrating denomination or a person, an organization or a corporation on behalf of an integrating denomination under article 12 of the Document of Integration entered into by the denominations referred to in paragraph 87(b);

(b) a Roman Catholic Episcopal corporation;

(c) the Pentecostal Assemblies of Newfoundland; and

(d) includes another denominational group holding title to property used for the purpose of education.

Property held by board

96. All property held by a board is considered to be held for the purpose of this Act.

Prohibition

97. (1) A board shall not construct or extend a public school where the board does not have title to the land upon which that construction or extension will occur.

(2) Notwithstanding subsection (1) and section 99, a board may construct or extend a public school vested in a denominational authority in accordance with an agreement entered into under section 95.

Acquisition of property

98. (1) A board may acquire by gift, lease or purchase, real and personal property.

(2) The acquisition of real property referred to in subsection (1) shall first be approved, in writing, by the minister and approved for the intended use by all necessary approving agencies.

(3) The title to all real property acquired after the commencement of this Act shall be vested in the board in whose district that real property is located.

Shared facilities

99. (1) A board may, with the approval of the minister, enter into an agreement with a person or group of persons for the construction and shared use of a school building or a building to be primarily used as a school.

(2) Unless otherwise approved in writing by the minister, the title to all real property acquired under subsection (1) shall be vested in the board in whose district that real property is located.

Building funds

100. (1) The minister shall pay out money voted by the Legislature for the construction, extension and equipment of schools and school board offices in accordance with the recommendations of the school construction board under section 6 of the Education Act, 1996.

(2) Subsection (1) does not apply to money that is spent jointly by the governments of Canada and the province for the erection, extension and equipment of schools.

Title to school land

101. (1) Money shall not be paid out for the construction or extension of a public school in a district where the board for that district does not have title to the land on which that construction or extension is to occur.

(2) Notwithstanding subsection (1), money may be paid out for the construction or extension of a public school, where title to the land is vested in a denominational authority, in accordance with an agreement entered into under section 95.

(3) The minister shall not pay out money for the construction or extension of a public school unless

(a) the land has been approved by the appropriate government department or agency; and

(b) the construction or extension is planned in accordance with all applicable building standards and the school planning manual approved by the minister, and the building plans and the site have been approved by an official of the department designated for the purpose by the minister.

(4) In addition to the requirements of subsection (3), the minister may require that the plans be developed and funding identified for landscaping of the land, including the provision of a playground area.

Operational money

102. Money for the operation and maintenance of public schools, money for the transportation of students, school supplies and equipment and other money allocated for the purpose of or connected with education in schools shall be paid to boards on a non-discriminatory basis and in accordance with scales set out in a policy directive of the minister.

Salaries

103. (1) The minister shall, from money voted for that purpose by the Legislature, arrange for the payment of the salaries of directors, assistant directors and teachers employed in schools and board offices and all the salaries shall be paid in accordance with scales approved by the Lieutenant-Governor in Council.

(2) A board shall not pay remuneration to directors, assistant directors and teachers in amounts greater than those specified under subsection (1).

Adjustments in salary

104. (1) The minister may make a payment to adjust the salary of a director, assistant director or teacher employed in a school or a board office, or pay an instalment of money, where there was insufficient payment of that salary or money.

(2) Where an overpayment of salary or money was made to a director, assistant director or teacher employed in a school or a board office, the minister, in consultation with the director, assistant director or teacher, may reduce or withhold future payment of salary or money until the amount overpaid is recovered.

Powers of the minister

105. The minister may

(a) prescribe books, materials, programs and courses of study for public, private and provincial schools and schools established under section 51, except books, materials, programs and courses of study for religious education;

(b) issue policy directives, including policy directives with respect to

(i) the establishment, organization and administration of public examinations and awards for students,

(ii) the allocation and distribution of money voted by the Legislature or otherwise available to a board for the purpose of education,

(iii) transportation of students to and from public schools,

(iv) an agreement under section 95;

(v) special education,

(vi) student evaluation,

(vii) the evaluation of school programs and performance, and

(viii) the professional development of teachers and employees of boards;

(c) prescribe administrative functions and the manner in which they are to be performed by boards and in public and provincial schools and schools established under section 51;

(d) require a school or class to be closed for a specified period;

(e) authorize a board to employ an emergency supply for a specified period where the minister is satisfied that a teacher is not available;

(f) extend the term of a board having jurisdiction for an area falling within a new district until the new district is established;

(g) require a board to comply with an agreement entered into by the minister for educational purposes; and

(h) do all those things that are necessary for the administration of this Act.

Regulations

106. (1) The Lieutenant-Governor in Council may make regulations

(a) respecting the establishment, maintenance, operation, organization, administration and delivery of education programs, facilities and services for students;

(b) respecting employment classifications, practices and procedures, and terms and conditions of employment of employees of boards;

(c) respecting the election and appointment of trustees;

(d) respecting the designation of a school as interdenominational or uni-denominational, including a registration process;

(e) defining a word or phrase used in this Act or changing the definition of a word or phrase defined in this Act;

(f) respecting appeals; and

(g) generally to carry out the purposes of this Act.

(2) Regulations made under this Act may be made with retroactive effect.

Penalty

107. (1) A person who violates a provision of this Act for which another section of this Act does not provide a penalty, commits an offence and is liable on summary conviction

(a) for a first offence, to a fine not exceeding $1,000 or to imprisonment for a term not exceeding 3 months or to both a fine and imprisonment; and

(b) for a subsequent offence, to a fine not exceeding $3,000 or to imprisonment for a term not exceeding 6 months or to both a fine and imprisonment.

(2) A prosecution under this section shall be commenced within 2 years after the commission of the alleged offence.

Transitional: Agreements and personnel of dissolved board

108. (1) All agreements, contracts, obligations and assessments made in relation to a school and existing immediately before this Act comes into force shall continue.

(2) Upon the dissolution of a school board under subsection 55(3), the successor board is the successor in law to the dissolved school board, and

(a) all agreements, contracts, debts, liabilities and other obligations of that dissolved school board shall be assumed by the successor board and the successor board shall fulfil and satisfy all those agreements, contracts, debts, liabilities and other obligations; and

(b) the successor board shall be substituted for the dissolved school board in respect of an employment contract held by the dissolved school board immediately before this section comes into force.

(3) Notwithstanding subsections (1) and (2), a board shall not make a payment to an employee as a result of the termination of his or her employment or the abolition of his or her position except as approved by the minister.

(4) Notwithstanding subsections (1) and (2), a person whose employment has been terminated or whose position has been abolished by a board shall not have the right under an agreement, contract or by way of action to claim for a payment as a result of the termination of his or her employment that exceeds that approved by the minister.

(5) Where there is a dispute as to which board is the successor board respecting the

(a) assumption of an agreement, contract, debt, liability or other obligation under paragraph (2)(a); and

(b) substitution for the dissolved school board with respect to an employment contract under paragraph (2)(b),

the minister shall make an order determining the matter and that order shall be final.

(6) Unless otherwise determined by the successor board, until a director is appointed under section 90, a superintendent whose employment is continued under paragraph (2)(b) shall exercise the functions set out in sections 91 and 92 for the schools that were under the jurisdiction of the dissolved school board that employed him or her.

(7) Unless otherwise determined by the successor board, until a director is appointed under section 90, where there is no superintendent under subsection (6) to exercise the functions set out in sections 91 and 92 for a school, the successor board shall designate a superintendent whose employment is continued under paragraph (2)(b) to exercise those functions for that school.

Transitional: Interim boards

109. For the 1996 - 1997 school year, every school established, maintained and operated for a class of persons having rights under Term 17 under the former Act shall continue as a school established, maintained and operated for that class of persons, and a school operated jointly by agreement by 2 or more dissolved school boards under the former Act shall continue to be operated as far as practical in accordance with that agreement.

Transitional: Property

110. Upon the dissolution of a school board under subsection 55(3), the successor board is the successor in law to the dissolved school board, and title to all real and personal property of a dissolved school board is vested in the successor board, and for all real and personal property held or used for the purpose of education by a dissolved school board, the successor board shall be substituted for the dissolved school board in respect of any entitlement, interest, instrument, deed, contract, agreement or other document held by the dissolved school board with respect to that property.

PART V
COMMISSION SCOLAIRE

Commission scolaire

111. (1) There shall be a commission scolaire provinciale francophone for the province.

(2) The Lieutenant-Governor in Council may make regulations respecting anything that may be required to give effect to subsection (1).

PART VI
CONSEQUENTIAL, REPEAL AND COMMENCEMENT

RSN1990 cM-7 Amdt.

112. Paragraph 2(b) of the Memorial University Act is repealed and the following substituted:

(b) "college" means a college affiliated with Memorial University; and

RSN1990 cP-37 Rep.

113. The Public Examinations Act is repealed.

RSN 1990 cS-9 Rep.

114. The School Attendance Act is repealed.

RSN1990 cS-11 Amdt.

115. Paragraph 2(c) of the School Boards' Association Act is amended by striking out the word "school" where it appears for the second time and by adding immediately after the word "Act" a comma and the year "1996".

RSN1990 cS-12 Rep.

116. The Schools Act is repealed.

RSN1990 cT-2 Amdt.

117. (1) Paragraph 2(f) of the Teachers' Association Act is amended by striking out the word "school" where it appears for the second time and by adding immediately after the word "Act" a comma and the year "1996".

(2) Paragraph 2(g) of the Act is amended by striking out the words "superintendent or an assistant superintendent as defined in the Schools Act" and substituting the words and year "director or an assistant director as defined in the Schools Act, 1996".

(3) Subsection 6(1) of the Act is repealed and the following substituted:

Membership

6. (1) Every teacher employed by a school board or in a private school to which sections 43 to 49 of the Schools Act, 1996 apply shall be an active member of the association.

(4) Paragraph 8(b) of the Act is amended by adding immediately after the word "Act" a comma and the year "1996".

RSN1990 cT-3 Amdt.

118. (1) Paragraph 2(1)(k) of the Teachers' Collective Bargaining Act is amended by adding immediately after the word "Act" a comma and the year "1996".

(2) Paragraph 2(1)(l) of the Act is repealed and the following substituted:

(l) "school board" means a board as defined in the Schools Act, 1996;

(3) Subsection 2(2) of the Act is repealed and the following substituted:

(2) The expressions "director", "assistant director", "assistant director of finance and administration" and "emergency supply" have the meanings assigned to them respectively by the Schools Act, 1996.

(4) Section 18 of the Act is repealed.

(5) Section 30 of the Act is repealed and the following substituted:

Agreement continued

30. An agreement that existed under section 30 of this Act as it read immediately before the commencement of this section shall continue in force to the extent that it applies to a public school designated as a uni-denominational school under the Schools Act, 1996, and that agreement shall be considered to be between the successor board and the association.

SN1991 c17

Amdt.

119. (1) Paragraph 2(1)(o) of the Teachers' Pensions Act is repealed and the following substituted:

(o) "teacher" means a person holding a valid and subsisting certificate or grade or licence not lower than the emergency supply licence issued under the Teacher Training Act, who is, subject to the Schools Act, 1996 appointed or employed by a board of directors or a school board to give instruction or to administer or supervise instructional services in a college or a public school and includes

(i) a director or an assistant director, except the assistant director of finance and administration, appointed under section 90 of the Schools Act, 1996, and

(ii) every person who is considered a teacher under section 3;

(2) Paragraph 3(1)(a) of the Act is amended by deleting the words "The Schools Act" and substituting the words and year "the Schools Act, 1996" wherever they occur and by striking out the number "48" and substituting the number "50".

(3) Paragraph 3(1)(c) of the Act is amended by deleting the words "The Schools Act" and substituting the words and year "the Schools Act, 1996".

(4) Subparagraph 13(2)(a)(ii) of the Act is amended by deleting the words "The Schools Act" and substituting the words and year "the Schools Act, 1996".

(5) Paragraph 14(1)(b) of the Act is amended by deleting the words "The Schools Act" and substituting the words and year "the Schools Act, 1996".

(6) Subsection 40(1) of the Act is amended by deleting the words "The Schools Act" and substituting the words and year "the Schools Act, 1996".

RSN1990 cT-1 Amdt.

120. (1) Paragraph 2(1)(a) of the Teacher Training Act is repealed.

(2) Paragraph 2(1)(b) of the Act is amended by striking out the words "issued in accordance with section 18" and substituting the words "prescribed by regulation".

(3) Paragraph 2(1)(e) of the Act is repealed.

(4) Paragraph 2(1)(f) of the Act is repealed and the following substituted:

(f) "department" means the department presided over by the minister;

(5) Paragraph 2(1)(i) of the Act is repealed and the following substituted:

(i) "minister" means the minister appointed under the Executive Council Act to administer this Act;

(6) Paragraph 2(1)(j) of the Act is repealed.

(7) Subsection 2(1) of the Act is further amended by striking out the word "and" at the end of paragraph (k) and adding immediately after paragraph (k) the following:

(k.1) "review panel" means the certification review panel appointed under section 3; and

(8) Subsection 2(2) of the Act is repealed.

(9) Sections 3, 4 and 5 of the Act are repealed and the following substituted:

Review panel

3. The minister shall appoint a certification review panel comprising 3 members

(a) one of whom shall be a member of the Newfoundland and Labrador Teachers Association;

(b) one of whom shall be a member of the Newfoundland and Labrador School Boards Association; and

(c) one of whom shall be a representative of the general public.

Terms and conditions of appointment

4. The minister may determine the terms of office and the terms and conditions of appointment, and the appointment of replacement members of the review panel.

Powers and duties

5. (1) The review panel shall be responsible for

(a) recommending to the committee the suspension or cancellation of the certificate or licence of a teacher who is guilty of gross misconduct, incompetence or for other just cause; and

(b) recommending to the committee the suspension, under section 10, of a certificate or licence of a teacher upon the matter being referred to the review panel by the minister.

(2) The department may recommend to the review panel the suspension or cancellation of the certificate or licence of a teacher who is guilty of gross misconduct, incompetence or for other just cause.

(3) For the purpose of subsection (2) and of section 9, a teacher includes a director or an assistant director as defined in the Schools Act, 1996.

(10) Paragraph 7(a) of the Act is amended by striking out the phrase "which have the prior recommendation of a board under paragraph 5(c) and".

(11) Section 7 of the Act is further amended by

(a) adding immediately after paragraph (c) the word "and"; and

(b) repealing paragraph (d).

(12) Paragraph 8(1)(b) of the Act is repealed.

(13) Subsection 8(2) of the Act is repealed.

(14) Subsection 8(4) of the Act is amended by striking out the word "registrar" and substituting the words and figures "officer appointed under paragraph (1)(c)".

(15) Section 9 of the Act is repealed and the following substituted:

Cancellation of certificate or licence

9. The committee may, upon the recommendation of the review panel under subsection 5(1), suspend or cancel the certificate or licence of a teacher who is guilty of gross misconduct, incompetence or for other just cause.

(16) Subsection 10(1) is amended by striking out the phrase and comma "Subject to paragraph 5(1)(e), the" and substituting the word "The".

(17) Paragraph 10(1)(f) is repealed and the following substituted:

(f) "school board" means a board as defined in the Schools Act, 1996;

(18) Section 13 of the Act is amended by striking out the words "or board" wherever they occur.

(19) Subsection 14(2) of the Act is amended by striking out paragraphs (b), (c) and (d) and substituting the following:

(b) 2 members nominated by the committee; and

(c) one member who is an employee of the department.

(20) Section 15 of the Act is amended by striking out the words "or board" wherever they occur.

(21) Subsections 15(5) and (6) of the Act are repealed and the following substituted:

(5) For the purpose of a hearing before a board of appeals a teacher may appear on his or her own behalf or be accompanied or represented by counsel or an agent of his or her choice.

(6) Where a teacher who has requested under subsection (1), in person or by his or her counsel or agent, that the minister submit the matter to a board of appeals, does not attend the hearing of the appeal after being notified under this section, the board of appeals may proceed to examine the matter in the absence of that teacher, counsel or agent and to hear witnesses and to adjudicate on the matter unless the teacher has, by written notice, advised the board of appeals of a desire to attend the hearing and has set out in the notice, the circumstances that prevent that attendance.

Commencement

121. This Act or a Part or a section of this Act shall come into force on a day to be proclaimed by the Lieutenant-Governor in Council.

 

Schedule

In lieu of section ninety-three of the Constitution Act, 1867, the following shall apply in respect of the Province of Newfoundland:

In and for the Province of Newfoundland, the Legislature shall have exclusive authority to make laws in relation to education but

(a) except as provided in paragraphs (b) and (c), schools established, maintained and operated with public funds shall be denominational schools, and any class of persons having rights under this Term as it read on January 1, 1995 shall continue to have the right to provide for religious education, activities and observances for the children of that class in those schools, and the group of classes that formed one integrated school system by agreement in 1969 may exercise the same rights under this Term as a single class of persons;

(b) subject to provincial legislation that is uniformly applicable to all schools specifying conditions for the establishment or continued operation of schools,

(i) any class of persons referred to in paragraph (a) shall have the right to have a publicly funded denominational school established, maintained and operated especially for that class, and

(ii) the Legislature may approve the establishment, maintenance and operation of a publicly funded school, whether denominational or non-denominational;

(c) where a school is established, maintained and operated pursuant to subparagraph (b)(i), the class of persons referred to in that subparagraph shall continue to have the right to provide for religious education, activities and observances and to direct the teaching of aspects of curriculum affecting religious beliefs, student admission policy and the assignment and dismissal of teachers in that school;

(d) all schools referred to in paragraphs (a) and (b) shall receive their share of public funds in accordance with scales determined on a non-discriminatory basis from time to time by the Legislature; and

(e) if the classes of persons having rights under this Term so desire, they shall have the right to elect in total not less than two thirds of the members of a school board, and any class so desiring shall have the right to elect the portion of that total that is proportionate to the population of that class in the area under the board's jurisdiction.

©Earl G. Tucker, Queen's Printer