2013 BILL 28

	28


Second Session, 47th General Assembly 62 Elizabeth II, 2013
BILL 28
AN ACT TO AMEND THE SCHOOLS ACT, 1997
Received and Read the First Time...................................................................................................
Second Reading.................................................................................................................................
Committee............................................................................................................................................
Third Reading.....................................................................................................................................
Royal Assent......................................................................................................................................
HONOURABLE CLYDE JACKMAN Minister of Education
Ordered to be printed by the Honourable House of Assembly

EXPLANATORY NOTES

This Bill would amend the Schools Act, 1997 to

· require every school to have a school code of conduct;

· require teachers, principals, school councils, school boards and directors to promote a safe and caring learning environment;

· allow a board to appoint an associate director;

· increase the maximum number of assistant directors a board may appoint; and

· allow the minister to issue policy directives related to a safe and caring learning environment.

A BILL

AN ACT TO AMEND THE SCHOOLS ACT, 1997

Analysis

1. S.2 Amdt.
Definitions

2. S.11 R&S
Conduct of students

3. S.24 Amdt.
Principal

4. S.26 Amdt.
Functions of school councils

5. S.26.1 Added
School code of conduct

6. S.33 Amdt.
Responsibilities of teachers

7. S.75 Amdt.
Duties of boards

8. S.79 R&S
Director, associate director and assistant directors

9. S.80 Amdt.
Director duties

10. S.92 Amdt.
Salaries & other compensation

11. S.93 R&S
Adjustments in salary

12. S.111 Amdt.
Sections not applicable

13. S.117 Amdt.
Powers of the minister

14. RSNL1990 cT-1 Amdt.

15. SNL1991 c17 Amdt.

16. Commencement

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

SNL1997 cS-12.2
as amended

1. (1) Section 2 of the Schools Act, 1997 is amended by adding immediately after paragraph (a) the following:

(a.1) "associate director" means an associate director appointed by a board under section 79;

(2) Paragraph 2(v) of the Act is repealed and the following substituted:

(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, an associate director or an assistant director; and

2. Section 11 of the Act is repealed and the following substituted:

Conduct of students

11. Every student shall

(a) promote a safe and caring learning environment;

(b) comply with the school code of conduct, school discipline and the rules of the school; and

3. Subsection 24(3) of the Act is amended by adding immediately after paragraph (e) the following:

(e.1) promote a safe and caring learning environment;

4. Subsection 26(2) of the Act is amended by adding immediately after paragraph (a) the following:

(a.1) promote a safe and caring learning environment;

5. The Act is amended by adding immediately after section 26 the following:

School code of conduct

26.1 (1) Every school shall have a school code of conduct which shall include

(a) standards of appropriate and inappropriate behaviours; and

(b) proactive and reactive strategies.

(2) The reactive strategies referred to in paragraph (1)(b) shall include consequences of failure to comply with the school code of conduct.

6. Section 33 of the Act is amended by adding immediately after paragraph (d) the following:

(d.1) promoting a safe and caring learning environment;

7. (1) Subsection 75(1) of the Act is amended by adding immediately after paragraph (c) the following:

(c.1) promote a safe and caring learning environment for schools in the district;

(2) Paragraph 75(1)(z) of the Act is repealed and the following substituted:

(z) immediately inform the minister in writing of a vacancy in the position of director, associate director or assistant director.

8. Section 79 of the Act is repealed and the following substituted:

Director, associate director and assistant directors

79. (1) A board shall, subject to the prior written approval of the minister, appoint

(a) one director;

(b) one associate director; and

(2) Notwithstanding subsection (1), the minister may approve a larger number of assistant directors.

(3) One of the assistant directors appointed under paragraph (1)(c) shall be the assistant director of finance and business administration.

(4) An assistant director shall report to the associate director or the director.

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

(6) A board may terminate the employment of a director, an associate 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.

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

9. (1) Subsection 80(1) of the Act is amended by adding immediately after paragraph (i) the following:

(i.1) promote a safe and caring learning environment for schools in the district;

(2) Section 80 of the Act is amended by adding immediately after subsection (1) the following:

(1.1) Notwithstanding paragraph (1)(g), a director may designate a person to visit a school on his or her behalf.

(3) Subsection 80(2) of the Act is repealed.

10. Subsections 92(1) and (2) of the Act are repealed and the following substituted:

Salaries & other compensation

92. (1) The minister shall, from money voted for that purpose by the Legislature, arrange for the payment of the salaries of a director, an associate director, an assistant director and a teacher employed in a school or a board office 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 a director, an associate director, an assistant director and a teacher in amounts greater than those specified under subsection (1).

11. Section 93 of the Act is repealed and the following substituted:

Adjustments in salary

93. (1) The minister may make a payment to adjust the salary of a director, an associate director, an assistant director or a 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, an associate director, an assistant director or a teacher employed in a school or a board office, the minister, in consultation with the director, associate director, assistant director or teacher, may reduce or withhold future payment of salary or money until the amount overpaid is recovered.

12. Subsection 111(3) of the Act is repealed and the following substituted:

(3) Sections 52 to 55, sections 58 and 59, sections 75 to 77, section 79, subsection 80(1.1), section 89, section 91 and section 120 do not apply to the conseil scolaire or a French first language school.

13. Paragraph 117(b) of the Act is amended by adding immediately after subparagraph (vii) the following:

(vii.1) a safe and caring learning environment in schools which shall include

(A) guidelines and a template for a school code of conduct,

(B) a definition of bullying,

(D) a requirement for the collection of data related to inappropriate behaviour,

RSNL1990 cT-1
Amdt.

14. Subsection 5(3) of the Teacher Training Act is repealed and the following substituted:

(3) For the purpose of subsection (2), a teacher includes a director, an associate director or an assistant director as defined in the Schools Act, 1997.

SNL1991 c17
Amdt.

15. Subparagraph 2(1)(o)(i) of the Teachers' Pensions Act is repealed and the following substituted:

(i) a director, an associate director or an assistant director, except the assistant director of finance and administration appointed under section 79 of the Schools Act, 1997, and

Commencement

16. Section 1, subsection 7(2), section 8, subsections 9(2) and (3), sections 10 to 12 and sections 14 and 15 are considered to have come into force on September 1, 2013.