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This is an official version. Copyright © 2000: Queen's Printer, Important Information
Statutes of Newfoundland 1997 CHAPTER 8 AN ACT TO AMEND THE SCHOOLS ACT, 1996 (Assented to May 20, 1997) Analysis 1. S.111 R&S and PART V 111. Definitions Be it enacted by the Lieutenant-Governor and House of Assembly in Legislative Session convened, as follows: SN1996 cS-12.1 1. Part V of the Schools Act, 1996 is repealed and the following substituted: PART V Definitions 111. In this Part "French first language school" means a school established, maintained and operated by the conseil scolaire and includes a school operated by a board in accordance with section 23 of the Canadian Charter of Rights and Freedoms prior to the coming into force of this Part. Conseil scolaire 111.1 (1) A conseil scolaire francophone provincial shall be elected for the province. (2) The conseil scolaire is a corporation. (3) The conseil scolaire shall operate in the French language and may as necessary communicate in the English language. Composition of conseil scolaire 111.2 (1) The conseil scolaire, not exceeding 12 trustees, shall be elected by the voting members of the conseils d'ecole established under section 111.9 from among the voting members. (2) Notwithstanding subsection (1), (a) employees of the conseil scolaire; (b) a person who has a contract with, or an interest in a contract with, the conseil scolaire; and (c) unless prior written approval is given by the minister, employees of the department of the government responsible for education are not eligible for election to the conseil scolaire. (3) The number of trustees to be elected by each conseil d'ecole shall be set and may be changed by order of the minister on the recommendation of the conseil scolaire. (4) Notwithstanding subsection (3), the first elected conseil scolaire shall comprise 10 trustees elected as follows: (a) 4 from the conseil d'ecole de Port au Port; (b) 2 from the conseil d'ecole de l'ouest du Labrador; (c) 2 from the conseil d'ecole de l'est du Labrador; and (d) 2 from the conseil d'ecole de St. John's. (5) The conseil scolaire shall be elected not later than 30 days after the election of the conseils d'ecole under section 111.9. Replacement of trustees 111.3 (1) Where a trustee (a) resigns or dies; (b) no longer resides in the province; (c) is absent from 3 consecutive meetings of the conseil scolaire without good reason; or (d) is no longer a member of the conseil d'ecole that elected him or her the conseil scolaire shall inform the minister who shall declare that position vacant. (2) Where the minister declares a position vacant under subsection (1), the conseil d'ecole that elected the trustee shall elect a trustee in his or her place. (3) Subsections 111.2(1) and (2) apply to an election of a trustee under subsection (2). Duties of conseil scolaire 111.4 (1) The conseil scolaire has, with respect to a French first language school, the same duties as a board under section 75 except for those referred to in paragraphs 75(n) and (w). (2) The conseil scolaire shall consult with the voting members of a conseil d'ecole on the operation of a school for which the conseil d'ecole is responsible, including the assignment of teachers and other staff. Powers of conseil scolaire 111.5 (1) The conseil scolaire has, with respect to a French first language school, the same powers as a board under section 76 and in addition, may make recommendations under subsection 111.2(3), section 111.7, and subsections 111.9(2), 111.9(8), 111.9(10) and 111.21(3). (2) The conseil scolaire may, subject to the approval of the minister, establish procedures for and conduct elections to the conseil scolaire and the conseils d'ecole. Establishment of French first language schools 111.6 (1) The conseil scolaire may establish, maintain and operate a French first language school where the school provides programs or courses of study that satisfy the minimum requirements as approved by the minister. (2) A French first language school shall be a non-denominational school under subparagraph (b)(ii) of Term 17. (3) A French first language school shall receive an allocation of resources as approved by the minister. Building funds 111.7 The minister shall pay out money voted by the Legislature for the construction, extension and equipment of French first language schools in accordance with the recommendations of the conseil scolaire. Operational money 111.8 Money for the operation and maintenance of French first language schools, for the transportation of students, school supplies and equipment and other money allocated for the purpose of or connected with education in a French first language school shall be paid to the conseil scolaire on a non discriminatory basis and in accordance with scales set out in a policy directive of the minister. Conseil d'ecole - voting members 111.9 (1) There shall be a conseil d'ecole responsible for each French first language school. (2) The number of elected members comprising a conseil d'ecole, not exceeding 9, and each school for which the conseil d'ecole is responsible, shall be set and may be changed by order of the minister on the recommendation of the conseil scolaire. (3) Notwithstanding subsection (2), the first elected (a) conseil d'ecole de Port au Port shall be responsible for each French first language school located in Mainland and Cape St. George; (b) conseil d'ecole de l'ouest du Labrador shall be responsible for each French first language school located in Labrador City or Wabush; (c) conseil d'ecole de l'est du Labrador shall be responsible for each French first language school located in Happy Valley - Goose Bay; and (d) conseil d'ecole de St. John's shall be responsible for each French first language school located in St. John's. (4) A parent of (a) a student enrolled in a French first language school; (b) a child registered to attend a French first language school; and (c) a child who is eligible under this Act to be registered to attend a French first language school and who is not registered in another school may vote in an election of members to a conseil d'ecole responsible for that school. (5) A candidate for election to a conseil d'ecole shall be (a) at least 18 years of age; (b) a citizen of Canada or a lawful resident of Canada; (c) a resident of the province; and (d) nominated by a person eligible to vote in an election of members to that conseil d'ecole. (6) The principal of or a teacher in a French first language school is not eligible to be a candidate for election under this section to the conseil d'ecole responsible for that school. (7) The director of the conseil scolaire is not eligible to be a candidate for election to a conseil d'ecole. (8) Where fewer members are elected to a conseil d'ecole than the number set by order of the minister, the minister shall on the recommendation of the conseil scolaire or the interim conseil scolaire established under section 111.21 appoint the number necessary to satisfy the order. (9) A member elected or appointed to a conseil d'ecole under this section shall be a voting member of the conseil d'ecole. (10) The election of members to a conseil d'ecole shall be held at the same time as board elections are held under section 53 or at the time the minister directs on the recommendation of the conseil scolaire and the term of office of a member elected to a conseil d'ecole shall be the same as that of a trustee. Conseil d'ecole - non-voting members 111.10 (1) The principal of each school for which a conseil d'ecole is responsible shall be a member of the conseil d'ecole by virtue of his or her position. (2) Not more than 2 teachers from each school for which a conseil d'ecole is responsible may be elected by the teachers of that school to the conseil d'ecole. (3) Upon the approval of a conseil d'ecole responsible for a school where high school courses are taught, the students in those courses may elect a student to the conseil d'ecole. (4) A member of a conseil d'ecole referred to in this section shall be a non-voting member of the conseil d'ecole. Chairperson elected 111.11 A conseil d'ecole shall elect a chairperson from among its voting members. Vacancy on a conseil d'ecole 111.12 A vacancy on a conseil d'ecole 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 but is eligible for re-election or re-appointment. Purpose of a conseil d'ecole 111.13 The purpose of a conseil d'ecole is to develop, encourage and promote policies, practices and activities to enhance French language and culture, a French ambience, the quality of school programs and the levels of student achievement in a school for which it is responsible. Functions of a conseil d'ecole 111.14 (1) The functions of a conseil d'ecole are, with respect to a school for which it is responsible, to (a) represent the cultural, linguistic and educational interests of the school; (b) advise the conseil scolaire on cultural and linguistic issues in the school; (c) advise the conseil scolaire on the quality of teaching and learning in the school; (d) facilitate parent and community involvement in teaching and learning in the school; and (e) advise the conseil scolaire on matters of concern to the school and the parents of students of the school. (2) A conseil d'ecole shall operate in the French language and may as necessary communicate in the English language. Duties of a conseil d'ecole 111.15 (1) A conseil d'ecole shall, with respect to a school for which it is responsible, (a) approve, for recommendation to the conseil scolaire, a plan for encouraging and promoting the French language and culture and a French ambience, and for improving teaching and learning in the school; (b) support and promote the plan approved by the conseil scolaire for encouraging and promoting the French language and culture and a French ambience, and for improving teaching and learning in the school; (c) consider information respecting performance standards in the school; (d) assist in the system of monitoring and evaluating standards in the school; (e) monitor the implementation of recommendations in reports on the performance of the school; (f) conduct meetings with parents on matters within its responsibility under this section; (g) ensure that the report on the school prepared under paragraph 24(3)(k) is available to parents and members of the public; (h) communicate concerns respecting the policies and practices of the conseil scolaire to the conseil scolaire; and (i) approve and monitor activities for raising funds for the school. (2) A conseil d'ecole may, subject to the by-laws of the conseil scolaire, 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 a school for which it is responsible. (3) A conseil d'ecole shall operate in accordance with the by-laws of the conseil scolaire. Protocol 111.16 (1) The conseil scolaire shall enter into a protocol with each conseil d'ecole which shall serve as a guide and reference for the operations of the conseil scolaire and the conseil d'ecole. (2) The conseil scolaire may, with the consent of a conseil d'ecole, assign responsibilities to the conseil d'ecole in addition to those set out in sections 111.14 and 111.15. Director 111.17 (1) The conseil scolaire shall appoint a director. (2) The director shall be appointed for a 5 year term, and following a satisfactory performance evaluation by the conseil scolaire, the appointment may be renewed. (3) The conseil scolaire may terminate the employment of the director, other than for cause, by giving him or her 3 months' written notice, and the conseil scolaire shall report the dismissal in writing to the minister immediately upon giving the notice. Sections not applicable 111.18 (1) Section 8 of Part I does not apply to a student in a French first language school. (2) Sections 25 and 26 of Part III do not apply to a French first language school. (3) Sections 52 to 55, sections 58 and 59, sections 75 to 88, section 90, section 100, section 102 and sections 108 to 110 of Part IV do not apply to the conseil scolaire or a French first language school. (4) For the purpose of this Part, a reference in the other parts of this Act to (a) a board shall be considered to include a reference to the conseil scolaire; (b) a district shall be considered to include a reference to the province; and (c) a school or a public school shall be considered to include a reference to a French first language school where to do so would not be inconsistent with this Part. Property 111.19 (1) Title to all real and personal property used for the purpose of education at Ecole Ste. Anne and Ecole Notre Dame du Cap in the communities of Mainland and Cape St. George that were, on the coming into force of this Part, operated by a board as French first language schools shall be transferred to the conseil scolaire by the board or denominational authority having title. (2) Section 95 applies, with the necessary changes, to real and personal property used for the purpose of education in a French first language school, and to effect a transfer of property referred to in subsection (1). Conseil scolaire only to operate French first language school 111.20 After this Part comes into force, a board, other than the conseil scolaire, shall not operate a French first language school. Interim conseil scolaire 111.21 (1) As soon as practicable after this Part comes into force the Lieutenant-Governor in Council shall appoint an interim conseil scolaire consisting of 10 members. (2) Appointments to the interim conseil scolaire shall be made on the recommendation of the Federation des Parents Francophones de Terre-Neuve et du Labrador in accordance with the requirements of subsection 111.2(4). (3) The interim conseil scolaire shall be dissolved upon the order of the minister on the recommendation of the conseil scolaire first elected under section 111.2. (4) The interim conseil scolaire shall (a) appoint a director as provided for in section 111.17; (b) subject to the approval of the minister, establish procedures for the first election of the conseils d'ecole and the conseil scolaire; (c) conduct the elections for the first conseils d'ecole at the same time as board elections are held or at the time the minister directs; (d) conduct the election for the first conseil scolaire; (e) notwithstanding subsection 111.9(2), recommend to the minister the number of members to be elected to each conseil d'ecole referred to in subsection 111.9(3); (f) determine the organizational structure of the conseil scolaire; (g) employ persons necessary to enable it and the conseil scolaire to carry out its responsibilities; (h) establish financial and administrative procedures necessary to enable it and the conseil scolaire to carry out their responsibilities; and (i) furnish and supply the interim conseil scolaire with adequate equipment and supplies to enable it and the conseil scolaire to carry out their mandate. Board's responsibility continued 111.22 Notwithstanding section 111.20, until the first conseil scolaire is elected under section 111.2, a board that operated a French first language school prior to the coming into force of this Part shall continue to operate the French first language school after this Part comes into force in the same manner as it was operated before this Part came into force. Transitional: Agreements and personnel of board 111.23 (1) All agreements, contracts, obligations and assessments made in relation to a French first language school and existing immediately before this Part comes into force shall continue. (2) Where a board ceases to operate a French first language school, the conseil scolaire is the successor in law to the board in respect of an employment contract held by the board in respect of that school, and the conseil scolaire is substituted for the board in respect of that contract. (3) When the board ceases to operate Ecole Ste. Anne and Ecole Notre Dame du Cap in the communities of Mainland and Cape St. George, the conseil scolaire is the successor in law to the board for those schools, and all agreements, contracts, debts, liabilities and other obligations of the board for those schools shall be assumed by the conseil scolaire and the conseil scolaire shall fulfil and satisfy all those agreements, contracts, debts, liabilities and other obligations. (4) Where a board ceases to operate a French first language school, other than one referred to in subsection (3), the board shall enter into an agreement with the conseil scolaire in relation to all agreements, contracts, debts, liabilities and other obligations continued under subsection (1) except an employment contract referred to in subsection (2). (5) Where there is a dispute as to the assumption of an agreement, contract, debt, liability or other obligation under this section the minister shall make an order determining the matter and that order shall be final. Consequential amdts. to Act 111.24 (1) Paragraph 2(e) is amended by adding immediately after the number "90" the words and number "or the conseil scolaire under section 111.17".(2) Paragraph 2(x) is amended by adding immediately after the number "59" the words and number "or elected to the conseil scolaire under section 111.2". (3) Subsection 24(3) is amended by striking out the word "and" at the end of paragraph (l) and adding the following immediately after paragraph (l): (l.1) where the school is a French first language school, promote cultural identity and French language in the school; and (4) Section 33 is amended by striking out the word "and" at the end of paragraph (e) and adding the following immediately after paragraph (e): (e.1) where the teacher is employed in a French first language school, promoting cultural identity and French language in the school; and (5) Paragraph 89(2)(b) is repealed and the following substituted: (b) a student who meets the criteria for admission to a uni-denominational school may attend a uni-denominational school located outside the attendance zone in which that student resides. (6) Section 91(1) is amended by striking out the word "and" at the end of paragraph (o) and adding the following immediately after paragraph (o): (o.1) where the director is employed by the conseil scolaire, promote cultural identity and French language in French first language schools; Other consequential amdts. 111.25 Where in an Act there is a reference to a board as defined under this Act, the reference shall be read as including a reference to the conseil scolaire. Commencement 111.26 This Part or a section or subsection comes into force on a day to be proclaimed by the Lieutenant-Governor in Council. ©Earl G. Tucker, Queen's Printer |