10

 


 

Third Session, 48th General Assembly

67 Elizabeth II, 2018

BILL 10

AN ACT TO AMEND THE SCHOOLS ACT, 1997

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

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

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

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

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

HONOURABLE AL HAWKINS

Minister of Education and Early Childhood Development

Ordered to be printed by the Honourable House of Assembly

 

 

EXPLANATORY NOTES

This Bill would amend the Schools Act, 1997 to allow the director to refuse to admit a student to a school where the director is of the opinion that the presence of the student in the school is detrimental to the physical or mental well-being of the students or staff.


A BILL

AN ACT TO AMEND THE SCHOOLS ACT, 1997

Analysis


        1.   S.5 Amdt.
Excused from attendance

        2.   S.35.1 Added
Refusal to admit

        3.   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. Section 5 of the Schools Act, 1997 is amended by adding immediately after paragraph (a) the following:

         (a.1)  has been refused admission to school under this Act;

 

        2. The Act is amended by adding immediately after section 35 the following:

Refusal to admit

   35.1 (1) Where the director is of the opinion that the presence of a student in a school is detrimental to the physical or mental well-being of the students or staff, he or she may refuse to admit the student to the school.

             (2)  Where the director refuses to admit a student to a school under subsection (1), he or she shall

             (a)  notify the student and the student's parent, in writing, of the refusal and the circumstances giving cause for the refusal;

             (b)  notify the student's parent or, where the student is 19 years of age or older, the student, of the right to appeal the refusal; and

             (c)  direct the principal of the school to provide alternate delivery of the educational program for the student.

             (3)  The director shall review his or her decision under subsection (1) at least every 15 days and determine whether the student should be re-admitted to the school.

             (4)  A student who is refused admission to a school under subsection (1) shall not enter the school.

Commencement

        3. This Act comes into force on September 1, 2018.