CHAPTER 1
OF THE
ACTS OF 1995-96
WHEREAS the education system of Nova Scotia is of vital importance to the future of Nova Scotia;
AND WHEREAS meaningful partnerships between and participation by students, parents, teachers, other staff in the public school system, school board members and the public should be encouraged to ensure a high-quality education system;
AND WHEREAS students should have a right and a responsibility to participate fully in learning opportunities, contribute to an orderly and safe learning environment and, in appropriate circumstances, participate in decisions that affect their schools;
AND WHEREAS parents should have a right and a responsibility to support their children in achieving learning success and participate in decisions that affect their children;
AND WHEREAS the education community, in making decisions, should consider the diverse nature and heritage of society in Nova Scotia within the context of its values and beliefs;
AND WHEREAS the education system should be committed to fair and equitable participation and benefit by all people in Nova Scotia:
2 The purpose of this Act is to provide for a publicly funded school system whose primary mandate is to provide education programs and services for students to enable them to develop their potential and acquire the knowledge, skills and attitudes needed to contribute to a healthy society and a prosperous and sustainable economy. 1995-96, c. 1, s. 2.
(a) "African-Canadian education" means the development of programs, resources and learning materials that provide information about and promote understanding of African people and their history, heritage, culture, traditions and contributions to society, recognizing their origins as Africans;
(b) "Conseil acadien" means the Conseil scolaire acadien provincial established by this Act;
(c) "conseil d'école" means a conseil d'école established pursuant to Chapter 6 of the Acts of 1991, the School Boards Act;
(d) "district school board" means a district school board established by or pursuant to this Act;
(e) repealed 2000, c. 11, s. 1.
(f) "educational facility" means a school house, building or classroom, including a mobile classroom;
(g) "electoral district" means a district for the election of a member of a school board;
(h) "entitled parent" means a parent who is a citizen of Canada and
(ii) who received his or her primary school instruction in Canada in a French-first-language program, or
(iii) of whom any child has received or is receiving primary or secondary school instruction in Canada in a French-first-language program;
(i) "entitled person" means an entitled parent or a person who, not being an entitled parent, would be an entitled parent if the person were a parent;
(j) "former Act" means Chapter 136 of the Revised Statutes, 1989, the Education Act, or any predecessor to that Act;
(k) "French-first-language program" means a school program in which the first language of instruction is French and in which the English language is taught, but does not include a French-immersion program;
(l) "home education program" means a course of study provided to a student under the direction of the student's parent and centered in the student's home;
(m) "Labour Relations Board" means the Labour Relations Board (Nova Scotia);
(n) "local amalgamation committee" means a local amalgamation committee appointed pursuant to this Act;
(o) "minimum municipal contribution" means the amount that would be raised in a municipality if tax was levied at the tax rate, determined by the regulations, on the uniform assessment of the municipality determined pursuant to the Municipal Grants Act, or such lesser amount as determined by the regulations;
(p) "Minister" means the Minister of Education and Culture;
(q) "Mi'kmaq" means all first-nations people, whether living on or off a reserve;
(r) "Mi'kmaq education" means the development of programs, resources and learning materials that provide information about and promote understanding of the Mi'kmaq and their history, heritage, language, culture, traditions and contributions to society and that recognize their origins as first-nations people;
(s) "municipality" means a regional municipality, city, incorporated town or municipality of a county or district;
(t) "parent" includes, except in the definition of entitled parent, a guardian and a person acting in loco parentis to a child;
(u) "permanent contract" means a written contract between a school board and a teacher in a form approved by the Minister that has been entered into after the teacher has served under a probationary contract, or has been employed by the school board for two or more years immediately preceding the year in which the school board entered into probationary and permanent contracts with the teacher for the first time;
(v) "person in charge" of a child means a person over the age of nineteen years with whom a child lives or who controls or is in a position to control or has the apparent charge of a child;
(w) "principal" means the principal of a public school, appointed by the school board pursuant to this Act;
(x) "private school" means a school, other than a public school, that serves school-age children and has a curriculum comparable to that provided by the public schools but does not include a home-education program;
(y) "probationary contract" means a written contract between a school board and a teacher in a form approved by the Minister whereby the teacher is employed on a probationary basis for a term of two years;
(z) "public school" means a public school maintained and conducted under this Act;
(aa) "ratepayer" means a person liable to taxation pursuant to the Assessment Act;
(ab) "regional education officer" means a regional education officer appointed pursuant to this Act;
(ac) "regional school board" means a regional school board established pursuant to this Act;
(ad) "school board" means a district school board, a regional school board or the Conseil acadien;
(ae) "school district" means the area over which a district school board has jurisdiction;
(af) "school program" means the public-school program of education prescribed by the regulations;
(ag) "school region" means the area over which a regional school board or the Conseil acadien exercises jurisdiction;
(ah) "superintendent" means the superintendent of schools appointed for a school region;
(ai) "support staff" includes persons employed in any capacity to assist a school board in providing services for the comfort, assistance, safety and conveyance of students or to provide administrative support to a school board and its schools but does not include a teacher;
(aj) "teacher" means a person who
(ii) is employed by a school board or the Minister in a teaching, supervisory or other professional capacity relating to education;
(ak) "term contract" means a written contract, other than a probationary or permanent contract, between a school board and a teacher in a form approved by the Minister;
(al) "Utility and Review Board" means the Nova Scotia Utility and Review Board.
(2) Notwithstanding clause (1)(d), in clauses 8(i) and 9(1)(b) and subsections 9(4) and (5), 14(2), 80(4) and 93(1), "district school board" means a district school board established pursuant to the former Act. 1995-96, c. 1, s. 3; 2000, c. 11, s. 1.
4 The Minister has the general supervision of public schools and education in the Province. 1995-96, c. 1, s. 4.
5 (1) All public schools established or conducted pursuant to this Act are free schools.
(2) Subject to this Act and the regulations and notwithstanding the Age of Majority Act, every person over the age of five years and under the age of twenty-one years has the right to attend a public school serving the school district or school region in which that person resides, as assigned by the school board.
(3) A school board may, in accordance with the regulations, admit foreign students and, notwithstanding subsection (1), fees may be charged to such students as prescribed by the regulations. 1995-96, c. 1, s. 5.
7 (1) The Governor in Council may designate a geographic area of the Province as a school region.
(2) The Governor in Council may establish a regional school board to administer the public schools in a school region.
(3) Each regional school board is a body corporate under the name determined by the Governor in Council.
(4) The Governor in Council may alter the boundaries of a school region.
(5) The Governor in Council may annex the whole or any part of a school district or school region to another school region.
(6) Notwithstanding subsections (1) to (5), there shall be at least seven school boards. 1995-96, c. 1, s. 7.
8 Upon the establishment of a regional school board for a school region,
(a) existing school boards in the school region, other than the Conseil acadien, are dissolved;
(b) notwithstanding Section 42 and clause 46(2)(f), the members of the dissolved school boards are members of the regional school board pending the next election of school board members;
(c) the assets and liabilities of the dissolved school boards are vested in the regional school board, including all employee benefits and entitlements;
(d) the vesting of any assets of the dissolved school boards in the regional school board does not void any policy of insurance with respect to any of the assets, including any public liability policy, and the regional school board is deemed to be the insured party for the purpose of such policy;
(e) the regional school board is substituted for a dissolved school board with respect to any agreement to which the dissolved school board was a party;
(f) all persons employed by the dissolved school boards become employees of the regional school board, the employment and seniority with the dissolved board of each employee is deemed to be employment and seniority with the regional school board and the continuity of employment and seniority is not broken;
(g) the regional school board is a successor employer for the purpose of the Pension Benefits Act;
(h) the regional school board shall continue to pay any pension or annuity, being paid by a dissolved school board, according to its terms; and
(i) notwithstanding clauses (c) and (f), Section 71 of the Labour Standards Code does not apply to a period of employment with a district school board. 1995-96, c. 1, s. 8.
9 (1) For greater certainty, a regional school board is a transferee for the purpose of Section 31 of the Trade Union Act and, without limiting the generality of the foregoing,
(a) the regional school board is bound by successor rights as determined pursuant to the Trade Union Act and the Teachers' Collective Bargaining Act; and
(b) subject to the Trade Union Act and the Teachers' Collective Bargaining Act, the regional school board and the employees, who are covered by collective agreements, of a district school board are bound by the collective agreement as if the regional school board were a party to them.
(2) The Public Sector Compensation (1994-97) Act applies to a regional school board and members and employees of the board except that, notwithstanding subsection 3(4) of that Act,
(a) Section 23 of that Act does not apply;
(b) the Labour Relations Board may exercise all of its powers under the Teachers' Collective Bargaining Act or the Trade Union Act but the total effect of any changes to collective agreements shall not increase the total cost of all compensation in respect of all employees to whom the collective agreements changed apply and the pay rates, as defined by the Public Sector Compensation (1994-97) Act, are not more than permitted by that Act; and
(c) no change shall be made in a collective agreement without the approval of the Labour Relations Board in accordance with clause (b).
(3) For greater certainty, subsection (2) does not confer any additional powers on the Labour Relations Board with respect to persons to whom the Teachers' Collective Bargaining Act applies except as provided by that Act.
(4) Where the Labour Relations Board, in applying subsection (1) or (2), determines that those employees, of the regional school board, who were not previously included in a bargaining unit of a district school board are to be included in a bargaining unit of the regional school board, those employees are deemed to have seniority credits with the regional school board equal to the employment service they had with the district school board.
(5) The right of an employee of a district school board to employment with a regional school board in a bargaining unit position is not affected by whether that employee was previously employed pursuant to a collective agreement and the employee is deemed to have seniority credits with the regional school board equal to the employee's service with the district school board.
(6) In subsections (4) and (5), "employee" means an employee as defined in Section 2 of the Trade Union Act but, for greater certainty, does not include those described in subsection 2(2) of that Act.
(7) The Labour Relations Board may exercise its powers pursuant to this Section upon the Governor in Council making the order establishing the school region.
(8) Where, in the opinion of the Minister of Labour, the workload of the Labour Relations Board requires additional members, the Governor in Council may, in addition to the Vice-chair appointed pursuant to subsection 16(4) of the Trade Union Act, appoint additional members and vice-chairs to the Labour Relations Board for such period of time as is set out in the appointment.
(9) An appointment pursuant to subsection (8) does not increase the quorum of the Labour Relations Board. 1995-96, c. 1, s. 9 .
10 (1) There shall be a superintendent for each regional school board and the Conseil acadien.
(2) The superintendent and each assistant superintendent of a regional school board and the Conseil acadien shall be chosen from all interested candidates
(a) through an open and unrestricted competition; and
(b) strictly on the basis of merit, including educational qualifications, professional experience, personal qualities and general ability to discharge the responsibilities of the office.
(3) Nothing in this Section affects the status of a superintendent or assistant superintendent under a collective agreement in effect when this Act comes into force. 1995-96, c. 1, s. 10.
10A (1) The Southwest Regional School Board is dissolved.
(2) The South Shore Regional School Board is established to administer the public schools in the school region composed of Lunenburg County, Queens County and that part of the former school region administered by the former Southwest Regional School Board in Annapolis County and the Tri-County Regional School Board is established to administer the public schools in the school region composed of Digby County, Shelburne County and Yarmouth County.
(3) The employees, assets and liabilities of the South Shore District School Board as of July 31, 2004, are the employees, assets and liabilities of the South Shore Regional School Board and, for greater certainty, employees of the South Shore District School Board employed on July 31, 2004, are entitled to the same salary and benefits as employees of the South Shore Regional School Board.
(4) The employees, assets and liabilities of the Tri-County District School Board as of July 31, 2004, are the employees, assets and liabilities of the Tri-County Regional School Board and, for greater certainty, employees of the Tri-County District School Board employed on July 31, 2004, are entitled to the same salary and benefits as employees of the Tri-County Regional School Board.
(5) For greater certainty, Sections 7 to 9 apply mutatis mutandis to this Section. 2004, c. 3, s. 16.
10B (1) The employees, assets and liabilities of the Southwest Regional School Board, including the Provincial funding allocation, shall be allocated between the South Shore Regional School Board and the Tri-County Regional School Board as determined by the Governor in Council.
(2) For greater certainty, employees of the Southwest Regional School Board employed on July 31, 2004, are entitled to the same salary and benefits as employees of the South Shore Regional School Board or the Tri-County Regional School Board, respectively.
(3) For greater certainty, Sections 8 and 9 apply mutatis mutandis to this Section. 2004, c. 3, s. 16.
10C (1) The appointments of the Chief Executive Officer of the Southwest Regional School Board, the Director of Education of the South Shore District School Board and the Director of Education of the Tri-County District School Board are revoked effective July 31, 2004.
(2) Notwithstanding any enactment, contract or policy of a school board, any employment contract relating to a person referred to in subsection (1) is null and void as of July 31, 2004, and, for greater certainty, no compensation or damages shall be paid pursuant to such contract or policy after that date.
(3) No person referred to in subsection (1) has a cause of action with respect to the revocation of that person's appointment pursuant to subsection (1). 2004, c. 3, s. 16.
10D (1) Before August 1, 2004, the South Shore District School Board and the Tri-County District School Board shall each choose a person to be appointed the superintendent of their respective successor regional school board.
(2) When choosing a person pursuant to subsection (1), the district school board shall follow the procedure set out in subsection 10(2) and clause 64(2)(m) applies. 2004, c. 3, s. 16.
10E The number of members of the school board and the number and boundaries of the electoral districts in the school district for the South Shore District School Board and the Tri-County District School Board, as determined by the Nova Scotia Utility and Review Board, are the number of members and the number and boundaries of electoral districts for the South Shore Regional School Board and the Tri-County Regional School Board, respectively. 2004, c. 3, s. 16.
10F Sections 10A to 10E apply mutatis mutandis to a school district and a district school board designated in the regulations. 2004, c. 3, s. 16.
11 (1) The Governor in Council may establish a school board with jurisdiction throughout the Province, a body corporate to be known as the Conseil scolaire acadien provincial, for the purpose of providing a French-first-language program to the children of entitled parents.
(2) The Conseil acadien is responsible for the delivery and administration of all French-first-language programs.
(3) A public school, or part of a public school, in which a French-first-language program is provided shall be known as an école acadienne.
(4) Upon the establishment of the Conseil acadien,
(a) every conseil d'école is dissolved;
(b) the Conseil acadien becomes responsible for the control and management of every educational facility of a conseil d'école;
(c) the assets and liabilities of the conseils d'école are vested in the Conseil acadien, including all employee benefits and entitlements;
(d) the vesting of any assets of a conseil d'école in the Conseil acadien does not void any policy of insurance with respect to any of the assets, including any public liability policy, and the Conseil acadien is deemed to be the insured party for the purpose of such policy;
(e) the Conseil acadien is substituted for a dissolved conseil d'école with respect to any agreement to which the dissolved conseil d'école was a party;
(f) all persons employed by a conseil d'école become employees of the Conseil acadien, the employment and seniority of each of the employees with the conseil d'école at the time of establishment of the Conseil acadien is deemed to be employment and seniority with the Conseil acadien and the continuity of employment and seniority is not broken;
(g) the Conseil acadien is a successor employer for the purpose of the Pension Benefits Act;
(h) the Conseil acadien shall continue to pay any pension or annuity, being paid by a conseil d'école, according to its terms;
(i) notwithstanding clauses (c) and (f), Section 71 of the Labour Standards Code does not apply to a period of employment with a conseil d'école; and
(j) Sections 9 and 10 apply mutatis mutandis. 1995-96, c. 1, s. 11 .
12 The children of an entitled parent are entitled to be provided a French-first-language program by the Conseil acadien if they otherwise have a right pursuant to this Act to attend a public school and if the numbers warrant the provision of the program out of public funds. 1995-96, c. 1, s. 12.
13 (1) The Conseil acadien shall be elected by entitled persons, at the same time as the regularly scheduled elections for school boards.
(2) An entitled person may vote in an election for the Conseil acadien or for another school board if that person is otherwise entitled to vote in an election for a school board but that person is not entitled to and shall not vote in the same election for both.
(2A) For greater certainty, an entitled person who votes in an election for either the Conseil acadien or for another school board may vote for either the Conseil acadien or for another school board in a special election that follows the election.
(3) Notwithstanding the Municipal Elections Act,
(a) for greater certainty, only entitled persons may be members of the Conseil acadien;
(b) only an entitled person may nominate a candidate for election as a member of the Conseil acadien and a person nominating such a candidate shall be required to sign a statement stating that person's status as an entitled person, in a form prescribed pursuant to the Municipal Elections Act;
(c) a person applying to vote in an election for the Conseil acadien shall not be required to take an oath or make an affirmation attesting to that person's status as an entitled person but shall be required to confirm the person's status as an entitled person as defined in the Education Act and, where a person wishes to provide the confirmation, the person may provide the confirmation by requesting the ballot to vote for the Conseil acadien and that request constitutes the confirmation;
(d) where a person votes in an election for the Conseil acadien, that fact shall be entered in the poll book in the manner prescribed by or pursuant to the Municipal Elections Act;
(e) for greater certainty, the Minister of Housing and Municipal Affairs may, pursuant to that Act, prescribe or alter any forms under that Act for the purpose of this Section; and
(f) the Municipal Elections Officer may give such directions as may be necessary for the purpose of this Section.
(3A) A returning officer shall accept
(a) subject to subsection 44(5) of the Municipal Elections Act, a signed statement, in a form prescribed pursuant to the Municipal Elections Act, of a candidate that the candidate is an entitled person; or
(b) a statement signed pursuant to clause (3)(b),
as sufficient evidence that the candidate or person is an entitled person.
(4) Pending the election of the first Conseil acadien, the Governor in Council shall appoint the members of the Conseil acadien.
(5) Commencing with the first election of the members of the Conseil acadien,
(a) the Province shall be divided into eight electoral districts or such greater number of districts as the Utility and Review Board determines;
(b) the boundaries of the electoral districts shall be as determined by the Utility and Review Board; and
(c) the same number of members need not be elected from each electoral district.
(6) In determining the boundaries of the electoral districts and the number of members to be elected from each, the Utility and Review Board shall give consideration to effective representation of the Acadian and francophone communities in the Province and effective representation shall be considered of greater importance than parity of voting. 1995-96, c. 1, s. 13; 2000, c. 11, s. 4; 2003, c. 9, s. 44 .
14 (1) The Governor in Council may designate educational facilities that are to be used to provide a French-first-language instruction program.
(2) Upon designation pursuant to subsection (1) of an educational facility owned by a district school board or regional school board,
(a) where the educational facility is an entire school, the ownership of the school and its control and management are transferred to the Conseil acadien; or
(b) where the educational facility is not an entire school, the ownership of the school and its control and management are transferred to the Conseil acadien if the Governor in Council so orders.
(3) Upon designation pursuant to subsection (1) of an educational facility owned by a municipality,
(a) where the educational facility is an entire school, the control and management of the school is transferred to the Conseil acadien; or
(b) where the educational facility is not an entire school, the control and management of the school is transferred to the Conseil acadien if the Governor in Council so orders.
(4) In subsections (2) and (3), "school" includes the real property upon which the school is situate.
(5) Where an educational facility is designated pursuant to subsection (1), the Governor in Council may, on the recommendation of the Minister after consultation by the Minister with the Conseil acadien and the school board responsible for the facility before the designation,
(a) after consultation by the Minister or the Minister's representative with persons employed by a school board in or with respect to the facility or their representative, designate them to become employees of the Conseil acadien;
(b) designate assets and liabilities of a school board within or pertaining to the facility to be vested in the Conseil acadien;
(c) designate assets of a school board within or pertaining to the facility, including assets designated pursuant to clause (b), to be shared by the school board and the Conseil acadien;
(d) designate agreements in which the Conseil acadien is to be substituted for the school board.
(6) Upon designation of a person pursuant to clause (5)(a),
(a) that person becomes an employee of the Conseil acadien;
(b) the period of employment and seniority of that person with a school board at the time of designation of that person is deemed to be employment and seniority with the Conseil acadien and the continuity of employment and seniority is not broken;
(c) the Conseil acadien becomes responsible for all employee benefits and entitlements that person had as an employee of the other school board;
(d) the Conseil acadien is a successor employer for the purpose of the Pension Benefits Act; and
(e) Section 9 applies mutatis mutandis.
(7) Upon designation of assets and liabilities pursuant to clause (5)(b),
(a) those assets and liabilities are vested in the Conseil acadien; and
(b) the vesting of any assets of a school board in the Conseil acadien does not void any policy of insurance with respect to any of the assets, including any public liability policy, and the Conseil acadien is deemed to be the insured party for the purpose of such policy.
(8) Upon designation of assets pursuant to clause (5)(c), the assets shall be maintained by the school board that owns the assets and each school board shall pay its share of the costs necessary to operate and maintain those assets, as agreed upon by the school boards.
(9) Where as a result of a designation pursuant to subsection (1) an educational facility becomes a facility shared by the Conseil acadien and another school board, each school board shall pay its share of the costs necessary to operate and maintain the facility and of the outstanding capital costs pertaining to the facility, as agreed upon by the school boards.
(10) Where the Conseil acadien and another school board cannot agree upon their shares of the costs referred to in subsection (8) or (9), the Minister shall determine each school board's share.
(11) Upon designation pursuant to clause (5)(d) of an agreement to which a school board is a party, the Conseil acadien is substituted for the school board with respect to that agreement. 1995-96, c. 1, s. 14 .
15 (1) Subject to subsection (2), the language of administration and operation of the Conseil acadien and all French-first-language program facilities shall be French.
(2) When the circumstances warrant the use of English, the Conseil acadien and French-first-language program facilities shall use English. 1995-96, c. 1, s. 15.
(a) promote and distribute information about the French-first-language program;
(b) include in its learning materials information about the Acadian culture; and
(c) in providing its educational programs, engage in activities that promote Acadian culture and the French language. 1995-96, c. 1, s. 16 .
20 (1) A school board shall establish a school advisory council for a public school where
(a) eight or more parents of students attending the public school;
(b) a home and school association, parent-teacher association or similar organization for the public school; or
(c) the principal of the public school,
requests, by a petition in writing to the school board, that a school advisory council be established for the school.
(2) A school board may establish one school advisory council for more than one school where requested by the persons referred to in clause (1)(a) for each school.
(3) Upon the establishment of a school advisory council for a school pursuant to subsection (1),
(a) subject to Section 21, the initial composition of the school advisory council shall be determined in the manner prescribed by the Minister; and
(b) the school advisory council, the school board and the Minister shall enter into an agreement setting out, subject to this Act, the composition and responsibilities of the school advisory council pursuant to Section 22 and additional advisory duties, if any.
(4) The school advisory council, the school board and the Minister may, from time to time, amend the agreement made pursuant to subsection (3).
(5) A school advisory council established pursuant to the former Act is continued in accordance with this Act and, for the purpose of this Act, is deemed to be established pursuant to this Act. 1995-96, c. 1, s. 20 .
21 (1) A school advisory council for a public school shall have at least five and not more than eighteen members consisting of
(a) at least one parent of a child attending the school, elected by the parents of the children attending the school;
(b) where the school is a school with students in grade seven or a higher grade, at least two students attending the school, elected by the students attending the school;
(c) where the school is an elementary school, at least two students attending the school if the agreement made pursuant to subsection 20(3) so provides, elected by the students;
(d) at least one person from the teachers employed at the school, elected by the teachers, and at least one person from the support staff employed at the school, elected by the support staff;
(e) the principal of the school; and
(f) at least one representative of the community in which the school is situated, appointed by the school advisory council or, where the school advisory council so determines, elected by the community.
(2) Unless the agreement made pursuant to subsection 20(3) otherwise provides, a school advisory council shall not have more than one third of its members from any of the clauses referred to in subsection (1).
(3) A person shall not be a member of a school advisory council and a member of a school board for the school district or school region in which the school is situate.
(4) A principal is a non-voting member of a school advisory council unless the agreement otherwise provides.
(5) A vacancy on a school advisory council does not impair the authority of the remaining members to act. 1995-96, c. 1, s. 21.
22 A school advisory council for a public school shall
(a) after consultation with the staff of the school, develop and recommend to the school board a school improvement plan;
(b) prepare an annual report in such form and containing such information as the Minister determines;
(c) advise on the development of school policies that promote academic excellence and a positive learning environment;
(d) advise the principal and staff of the school on curriculum and programs, school practices, student discipline, fund-raising and parent-school communication and similar matters;
(e) advise the school board on curriculum and programs, student-support services, policy development, funding, communication strategies and similar matters;
(f) participate in the selection of the principal of the school by representation on the school board's selection committee;
(g) subject to the approval of the school board, make by-laws respecting the election of its members, the conduct of its meetings and the operation of the school advisory council; and
(h) perform such other duties and have such powers of the school board as the agreement made pursuant to subsection 20(3) provides and the Governor in Council transfers to the school advisory council pursuant to Section 23. 1995-96, c. 1, s. 22.
23 (1) The Governor in Council, on the recommendation of the Minister and in accordance with an agreement made pursuant to Section 20, may transfer duties and powers of a school board to a school advisory council for a public school and, upon such transfer, the school board ceases to have those powers and duties with respect to that school and those powers and duties are powers and duties of the school advisory council.
(2) Notwithstanding subsection (1), the power to hire, suspend, dismiss or discipline an employee of a school board shall not be transferred to a school advisory council. 1995-96, c. 1, s. 23.
24 (1) It is the duty of a student to
(a) participate fully in learning opportunities;
(b) attend school regularly and punctually;
(c) contribute to an orderly and safe learning environment;
(d) respect the rights of others; and
(e) comply with the discipline policies of the school and the school board.
(2) Students are accountable to their teachers for their conduct while under their teachers' supervision.
(3) Students may participate in decisions that affect their schools through representation on school advisory councils or committees in accordance with school board policy.
(4) It is the right of students to be informed of their educational progress on a regular basis. 1995-96, c. 1, s. 24.
25 (1) It is the duty of parents to
(a) support their children in achieving learning success;
(b) cause their children to attend school as required by the regulations;
(c) communicate regularly with their children's school;
(d) ensure the basic needs of their children are met, including ensuring that their children are well-nourished and well-rested when they go to school; and
(e) support their children's teachers in their efforts to provide an education for their children.
(2) Parents of students with special needs shall be afforded the opportunity to participate in the development of an individualized program for their children.
(a) the parent of a child with special needs does not agree with the individualized program plan that has been developed for that child; and
(b) the disagreement cannot be resolved by a school board appeal process,
the parent or the school board may initiate an appeal as prescribed by the regulations. 1995-96, c. 1, s. 25 .
26 (1) It is the duty of a teacher in a public school to
(a) respect the rights of students;
(b) teach diligently the subjects and courses of study prescribed by the regulations that are assigned to the teacher by the school board;
(c) implement teaching strategies that foster a positive learning environment aimed at helping students achieve learning outcomes;
(d) encourage students in the pursuit of learning;
(e) monitor the effectiveness of the teaching strategies by analyzing outcomes achieved;
(f) acknowledge and, to the extent reasonable, accommodate differences in learning styles;
(g) participate in individual-program planning and implement individual program plans, as required, for students with special needs;
(h) review regularly with students their learning expectations and progress;
(i) conduct such assessments and evaluations as are necessary to document student progress;
(j) administer such evaluation and assessment instruments as required by the school board or by the Minister;
(k) take all reasonable steps necessary to create and maintain an orderly and safe learning environment;
(l) maintain appropriate order and discipline in the school or room in the teacher's charge and report to the principal or other person in charge of the school the conduct of any student who is persistently defiant or disobedient;
(m) maintain an attitude of concern for the dignity and welfare of each student and encourage in each student an attitude of concern for the dignity and welfare of others and a respect for religion, morality, truth, justice, love of country, humanity, equality, industry, temperance and all other virtues;
(n) attend to the health, comfort and safety of the students;
(o) report immediately to the principal the existence of any infectious or contagious disease in the school or the existence of any unsanitary condition in the school buildings or surroundings, and perform such duties as are from time to time prescribed by or under the Health Protection Act;
(p) take all reasonable steps to secure full and regular attendance at school of the students under the teacher's supervision;
(q) keep accurate attendance records and report absent students to the principal as prescribed by the regulations;
(r) communicate regularly with parents in accordance with policies established by the school board;
(s) keep such records as are required by the school board or the Minister and permit the inspection of those records by the board, the superintendent or superintendent's representative, the principal, the supervisor and the Minister or Minister's representative or, upon their request, provide the records to them;
(t) assist in the development and implementation of the school improvement plan;
(u) maintain their professional competence;
(v) serve, to the extent reasonable, on committees established within the school to improve student achievement and success;
(w) implement programs and courses as prescribed by the public school program; and
(x) perform such other duties as are prescribed by this Act or the regulations.
(2) Teachers are accountable to the school board through the principals of their assigned schools with respect to the performance of their responsibilities. 1995-96, c. 1, s. 26; 2004, c. 4, s. 110 .
27 A teacher has general oversight and supervision over school premises during school hours and, subject to the authority of the school board and the principal, may exclude from those premises any person who is not a student enrolled in the school and disturbs the learning environment. 1995-96, c. 1, s. 27 .
28 Except as provided in this Act or the regulations, a school board shall not engage as a teacher or permit to teach in the public school a person who does not hold a teacher's certificate or permit under this Act. 1995-96, c. 1, s. 28 .
29 (1) A determination pursuant to this Act or the former Act of the classification, re-classification, certificate or permit of a teacher, whether made before or after the coming into force of this Act, is final and binding.
(2) No determination pursuant to this Act or the former Act of the classification, re-classification, certificate or permit of a teacher, whether made before or after the coming into force of this Act, gives rise to any cause of action for damages, retroactive remuneration or other loss or damage of any kind.
(3) Notwithstanding subsection (2), retroactive remuneration may be paid to a teacher as the result of a re-classification in accordance with the terms of a professional agreement between the Minister and the Nova Scotia Teachers' Union setting out conditions with respect to the effective date of re-classification for salary purposes. 1995-96, c. 1, s. 29 .
30 (1) When a school board that has authority to engage a teacher engages a teacher other than a substitute teacher, the board shall enter into a written contract with the teacher in such form as may be approved by the Minister.
(2) Notwithstanding any provision of this Act, or any contract or agreement between or governing a school board and a teacher,
(a) the date for a teacher giving notice of termination of the teacher's contract shall be deemed to be April 15th in the year in which the contract will be terminated after the school year;
(b) the date for a school board giving notice of termination of a teacher's contract shall be deemed to be May 15th in the year in which the contract will be terminated after the school year. 1995-96, c. 1, s. 30.
31 Every school board and every teacher employed by a school board shall admit to classrooms under the jurisdiction of the board students who are enrolled in a teacher training course approved by the Minister and the instructors of those students for the purpose of observation and teaching practice, and shall give them any assistance requested by the instructors. 1995-96, c. 1, s. 31.
32 (1) Where the probationary contract of a teacher is not terminated as provided in this Act or the teacher is not suspended or discharged, the school board shall offer the teacher a permanent contract at the end of the second year of the probationary contract and may offer the teacher a permanent contract at the end of the first year of the probationary contract.
(2) A teacher who has had a contract or contracts with a school board for more than two consecutive years, inclusive of the school year 1971-72, is deemed to have had a permanent contract.
(3) Any teacher, who during the school year 1971-72 or any school year thereafter has a permanent contract or is deemed to have had a permanent contract and is hired thereafter by any school board, may be hired by way of a probationary contract, which probationary contract shall not be for more than one year. 1995-96, c. 1, s. 32 .
33 (1) A school board may suspend, for just cause, with or without loss of salary but without loss of other benefits, any teacher in its employ at any time for a reasonable period, and a written report stating the reason for the suspension shall be furnished to the teacher within seven days of the date of suspension.
(2) A school board may authorize the superintendent to suspend, for just cause, with or without loss of salary but without loss of other benefits, any teacher in its employ at any time for a period not exceeding ten days, and a written report shall be furnished to the school board, with a copy to the teacher, within seven days of the date of suspension.
(3) A teacher who has been suspended shall
(a) be given written notice of the complaint against the teacher upon which the suspension of contract is based by the school board within seven days of the date of suspension; and
(b) be given an opportunity to appear before the school board, in person, with or without counsel, to make answer to the matters in the complaint within fourteen days of delivery of the notice of complaint.
(4) Within ten days of any appearance pursuant to clause (3)(b), or where there is no such appearance within twenty days of the giving of written notice pursuant to clause (3)(a), the school board shall confirm, vary or revoke the suspension of the teacher and, where the suspension is revoked, it is deemed not to have taken place.
(5) Notwithstanding subsection (1) or (2), no salary shall be deducted from a teacher until the suspension is confirmed or varied and in such case, where the suspension as confirmed or varied is with loss of salary, the school board shall deduct from the salary of the teacher an amount equivalent to the salary paid to the teacher for the suspension period prior to the confirmation or variation. 1995-96, c. 1, s. 33 .
34 (1) A school board may, at any time for just cause, by notice in writing, discharge any teacher in its employ.
(a) by notice in writing given to the teacher not later than May 15th, terminate a probationary contract at the end of the first or second year;
(b) by notice in writing given to the teacher not later than May 15th, terminate a permanent contract at the end of the school year
(ii) if, in the system under the jurisdiction of the school board, the estimated enrolment of courses the teacher is qualified and willing to teach is insufficient to justify the employment of the teacher.
(3) A school board shall not terminate a probationary contract pursuant to clause (2)(a) until
(a) the school board has given the teacher written notice of the reasons upon which the termination is to be based; and
(b) within fourteen days, but not before seven days after the school board has given notice to the teacher pursuant to clause (a), an opportunity has been given the teacher by the school board to appear before the school board, in person, with or without counsel, to present the teacher's comments upon the notice and reasons upon which the termination is to be based.
(4) Where a school board terminates a probationary contract, the termination is not subject to any grievance procedure provided in a contract relating to the employment of the teacher nor to any appeal.
(5) A school board shall not discharge a teacher pursuant to subsection (1) or terminate a permanent contract pursuant to clause (2)(b) until
(a) the school board has given the teacher written notice of the complaint against the teacher upon which the discharge or termination of contract is based;
(b) within fourteen days but not before seven days after the school board has given notice to the teacher pursuant to clause (a) an opportunity has been given the teacher by the school board to appear before the school board, in person, with or without counsel, to make answers to the matters in the complaint; and
(c) the discharge or termination of contract is approved by a resolution passed by a majority of the members of the school board who vote at a duly called meeting at which at least eighty per cent of the members are in attendance. 1995-96, c. 1, s. 34.
35 A school board may, at any time prior to the constitution of a board of appeal pursuant to subsection 36(2), vary or revoke the discharge or termination of contract of the teacher and, when the discharge or termination is revoked, it is deemed not to have taken place. 1995-96, c. 1, s. 35 .
35A The termination, for other than just cause, of a teacher's contract at the end of the 1999-2000 school academic year by notice given before May 16, 2000, is revoked and the termination is deemed not to have taken place. 2000, c. 11, s. 6 .
36 (1) A teacher who is suspended or discharged, or whose permanent contract is terminated, may appeal the suspension or discharge or termination by giving written notice of appeal to the school board and the Minister within twenty days of
(a) any confirmation or variation of the suspension pursuant to subsection 33(4); or
(b) any discharge or termination of contract.
(2) When a notice of appeal is given pursuant to subsection (1), a board of appeal, composed of one person, shall be appointed by the Minister.
(3) The board of appeal has the powers of a commissioner appointed under the Public Inquiries Act and shall inquire into the suspension, discharge or termination of a contract and, after hearing the teacher and the school board, make an order confirming, varying or revoking the suspension or discharge or confirming or revoking the termination of contract.
(4) An order made by a board of appeal shall be final and binding upon the teacher and the school board and a copy of the order and a copy of any decision, reasons or report shall be transmitted forthwith by the board of appeal to the teacher, the school board and the Minister.
(5) Nothing in this Section prevents a board of appeal from attempting to effect a settlement of the differences between the teacher and the school board and the term of any settlement agreed upon by the teacher and the school board is final and binding.
(6) One half of the costs, expenses and fees of the board of appeal shall be paid by the teacher and the other half by the school board.
(7) Notwithstanding any other enactment or agreement, the costs of the board of appeal shall not be included in any calculation for the purpose of determining financial assistance to the school board by the Province. 1995-96, c. 1, s. 36 .
37 Nothing in this Act prevents a teacher from terminating a contract in accordance with the terms and conditions of the contract or in accordance with any method permitted by law. 1995-96, c. 1, s. 37 .
38 (1) The principal of a public school is the educational leader of the school and has overall responsibility for the school, including teachers and other staff.
(2) It is the duty of a principal to
(a) ensure that the public school program and curricula are implemented;
(b) keep attendance records respecting every student enrolled at the school and report thereon to the school board, as required by the school board;
(c) take all reasonable steps to secure full and regular attendance at school of the students enrolled in the school in accordance with policies established by the school board;
(d) communicate regularly with the parents of the students;
(e) ensure that reasonable steps are taken to create and maintain a safe, orderly, positive and effective learning environment;
(f) ensure that provincial and school board policies are followed;
(g) identify the staffing needs of the school;
(h) assist the school board with the selection of staff for the school;
(i) evaluate the performance of teachers and other staff of the school;
(j) assist the school board in the development and implementation of professional-development programs;
(k) encourage teachers and other staff of the school, students and parents to participate in school decision-making through representation on school advisory councils and committees;
(l) participate in the establishment and operation of a school council;
(m) assist the school advisory council in the development of school improvement plans and, upon approval by the school board, co-ordinate their implementation;
(n) assist the school advisory council in the preparation of its annual report;
(o) account to the school board for money received from the school board or any other source;
(p) account to the school board, through the superintendent, for the performance of the school;
(q) co-operate with the staff of other departments and agencies of the Government to better meet the needs of the students in the school; and
(r) perform such other duties as are prescribed by this Act or the regulations or assigned by the superintendent. 1995-96, c. 1, s. 38 .
39 (1) A superintendent is accountable to the school board and has overall responsibility for
(a) the efficient operation of the school board office and the public schools in the school district or school region; and
(b) the supervision of all employees of the school board.
(2) It is the duty of a superintendent to
(a) administer and evaluate the programs offered by the school board;
(b) conduct, or cause to be conducted, an annual performance appraisal of every principal, every vice-principal and all other staff employed by the school board;
(c) provide centralized management of services for public schools that are most efficiently provided on a school district-wide or school region-wide basis;
(d) oversee the carrying out of the Minister's and the school board's policies and report annually to the school board on the carrying out of those policies;
(e) monitor public-school improvement plans, the annual reports of school advisory councils and annually report to the school board on their status;
(f) ensure that resources are distributed to public schools in accordance with school board policies and guidelines;
(g) maintain a safe, orderly and supportive learning environment in all schools in the school district or school region;
(h) provide leadership in the school district or school region in promoting quality education, enhanced community involvement and the efficient delivery of services;
(i) assist principals in efficient and effective management and decision-making at the school level;
(j) work with principals to ensure that students and schools meet the expectations of the school program;
(k) co-operate with the Minister and other departments and agencies of the Government to ensure the effective and efficient carrying out of this Act and the regulations;
(l) operate and maintain buildings, equipment, supplies and student conveyance under the jurisdiction of the school board;
(m) report to the school board as requested by the school board; and
(n) perform such other duties as are prescribed by this Act or the regulations or assigned by the school board.
(3) A superintendent is accountable to the school board for the educational performance of the students and schools in the school district or school region and shall report to the school board annually on such performance. 1995-96, c. 1, s. 39 .
40 (1) It is the duty of a support staff member to
(a) support students in their participation in school activities;
(b) maintain an attitude of concern for the dignity and welfare of each student;
(c) co-operate with the school board, superintendent, principal, teachers, students and other staff members to maintain an orderly, safe and supportive learning environment;
(d) respect the rights of students;
(e) participate in staff-development opportunities identified by the person to whom the staff member reports, if requested to do so; and
(f) subject to any applicable collective agreement in effect when this Act comes into force, perform such other duties as are assigned by the school board, the superintendent or the principal.
(2) Every support staff member is accountable to the principal or other person designated by the school board.
(3) Where a district school board has been established by this Act or the regulations, then, so long as the district school board continues, in the school region in which the district school board is established,
(a) a reference to the school board and the superintendent in clause (1)(c) shall be read as a reference to the Minister, the regional school board, the district school board and the director of education;
(b) a reference to the school board, the superintendent or the principal in clause (1)(f) shall be read as a reference to the regional school board; and
(c) every support staff member, other than a teacher assistant, is accountable to the regional school board and subsection (2) does not apply. 1995-96, c. 1, s. 40; 2000, c. 11, s. 8.
41 (1) Except as otherwise provided by this Act, all of the members of a school board shall be elected.
(2) Notwithstanding Section 4 of the Halifax Regional Municipality Act, there shall not be an election for school boards in the County of Halifax in 1995 and, notwithstanding subsection (9) of that Section, there shall be school board elections in the County of Halifax in 1997.
(3) Subsection (2) has effect on and after October 16, 1995.
(4) Notwithstanding the Municipal Elections Act, the lists of electors used in the 1995 municipal elections for the Halifax Regional Municipality may be used in the school board elections in the County of Halifax in 1997.
(5) Notwithstanding Section 5 of the Queens Regional Municipality Act, there shall not be an election for school boards in the County of Queens in 1996 and, notwithstanding subsection (8) of that Section, there shall be school board elections in the County of Queens in 1997.
(6) Subsection (5) has effect on and after January 29, 1996.
(7) Notwithstanding the Municipal Elections Act, the lists of electors used in the 1996 municipal elections for the Region of Queens Municipality may be used in the school board elections in Queens County in 1997. 1995-96, c. 1, s. 41 .
42 (1) A school board consists of such number of members, not less than eight nor greater than eighteen, as determined by order of the Utility and Review Board.
(2) A school board is generally accountable to the electorate.
(3) A school district or school region consists of such electoral districts, as determined by order of the Utility and Review Board.
(4) After consultation with the Mi'kmaq community and the school board, the Minister may appoint a Mi'kmaq representative to each regional school board that has a tuition agreement with a Mi'kmaq band council and that representative is in addition to the number of members determined pursuant to subsection (1). 1995-96, c. 1, s. 42 .
(a) "African Nova Scotian" means a person who is African Nova Scotian or a black person;
(b) "African Nova Scotian elector" means a person who is qualified to vote in an election of a school board who is also
(2) This Section does not apply with respect to the Conseil acadien.
(3) Notwithstanding any other provision of this Act, the membership of a school board includes, in addition to those members as determined by the Utility and Review Board, one African Nova Scotian representative, elected by African Nova Scotian electors throughout the school district or school region over which the school board has jurisdiction.
(4) The election of the African Nova Scotian member of a school board shall be held at the same time as the regularly scheduled elections to the school board.
(5) Notwithstanding the Municipal Elections Act,
is qualified to be a candidate for election as the African Nova Scotian member of a school board;
(b) only an African Nova Scotian elector may nominate a candidate for election as the African Nova Scotian member of a school board and a person nominating such a candidate shall be required to sign a statement stating that person's status as an African Nova Scotian elector, in a form prescribed pursuant to the Municipal Elections Act;
(c) where a person intends to vote in an election of an African Nova Scotian to a school board, that person shall not be required to take an oath or make an affirmation in a form attesting to that person's status as an African Nova Scotian elector, but shall be required to confirm the person's status as an African Nova Scotian elector as defined in the Education Act and, where a person wishes to provide the confirmation, the person may provide the confirmation by requesting the ballot to vote for the African Nova Scotian elector and that request constitutes the confirmation;
(d) where a person votes in an election of an African Nova Scotian member of a school board, that fact shall be entered in the poll book in the manner prescribed pursuant to the Municipal Elections Act;
(e) for greater certainty, the Minister of Housing and Municipal Affairs may, pursuant to the Municipal Elections Act, prescribe or alter any forms under that Act for the purpose of this Section; and
(f) the Municipal Elections officer may give such directions as may be necessary for the purpose of this Section.
(6) A returning officer shall accept
(a) subject to subsection 44(5) of the Municipal Elections Act, a signed statement, in a form prescribed pursuant to the Municipal Elections Act, of a candidate that the candidate is an African Nova Scotian as sufficient evidence that the candidate is an African Nova Scotian; or
(b) a statement signed pursuant to clause (5)(b) as sufficient evidence that the person is an African Nova Scotian elector if that person is qualified to vote in an election of a school board.
(7) A signed statement in good faith of a candidate that the candidate is an African Nova Scotian is conclusive evidence that the candidate is an African Nova Scotian.
(8) A statement signed pursuant to clause (5)(b) in good faith and stating that the person is an African Nova Scotian elector or a confirmation provided pursuant to clause (5)(c) in good faith confirming that the person is an African Nova Scotian elector is conclusive evidence that that person is an African Nova Scotian elector, if that person is qualified to vote in an election of a school board.
(9) Except as provided by this Section, the Municipal Elections Act applies mutatis mutandis to the election of the African Nova Scotian member to a school board as if the district or region over which the school board has jurisdiction were a single electoral district.
(10) A qualified African Nova Scotian elector may vote in a school board election for either
(a) a candidate for election as the African Nova Scotian member of the school board; or
(b) a candidate for election to the school board other than as the African Nova Scotian member of the school board,
(11) For greater certainty, a qualified African Nova Scotian elector, who votes in an election for either a candidate for election as the African Nova Scotian member of the school board or a candidate for election to the school board other than as the African Nova Scotian member of the school board, may vote for either candidate in a special election that follows the election. 2000, c. 11, s. 7; 2003, c. 9, s. 45.
43 Subject to clause 18(1)(d), in the year 1999 and every eighth year thereafter, every school board shall apply to the Utility and Review Board to confirm or change the number and boundaries of the electoral districts in the school district or school region. 1995-96, c. 1, s. 43; 1998, c. 18, s. 555 .
44 (1) In determining the number and boundaries of electoral districts, the Utility and Review Board shall make such decision as in its opinion is just, and is not restricted to the proposal advanced by a school board in its application.
(2) The Utility and Review Board may reject an application and require a school board to re-apply within such time as the Utility and Review Board directs, and may give such directions for the re-application as the circumstances of the case dictate.
(3) In determining the number and boundaries of electoral districts, the Utility and Review Board shall give consideration to
(a) subject to subsection 13(6), ensuring as nearly as practical equal numbers of electors in each electoral district;
(c) distribution of the school-age population;
(d) the principal language of instruction of the school board and language of instruction of the school population in areas of the district; and
(e) any other relevant matter that in the opinion of the Utility and Review Board affects the necessity, expediency or justice of the order sought.
(4) The Utility and Review Board shall, in setting the numbers and boundaries of electoral districts, have regard to the existing boundaries of polling districts and wards. 1995-96, c. 1, s. 44 .
45 Subject to this Act, the powers of the Utility and Review Board and procedures set out in the Municipal Government Act apply mutatis mutandis. 1995-96, c. 1, s. 45; 1998, c. 18, s. 555 .
46 (1) Except as otherwise provided in this Act, every person is qualified to be elected as a member who
(a) is a Canadian citizen of the full age of eighteen years at the time of nomination;
(b) has been ordinarily resident in the school district or school region or in an area annexed to the school district or school region for a period of six months preceding nomination day, and continues to so reside; and
(c) repealed 1998, c. 18, s. 555.
(d) is not disqualified pursuant to this Act.
(2) No person is qualified to be nominated or to serve as a member of a school board who
(a) is a member of the House of Commons or Senate of Canada;
(b) is a member of the House of Assembly;
(c) is a member of another school board;
(d) is a judge of the Nova Scotia Court of Appeal, the Supreme Court of Nova Scotia or the Provincial Court of Nova Scotia;
(e) would be a member of a school board and a member of the council of a municipality at the same time;
(f) accepts or holds office or employment in the service of the school board;
(g) repealed 2003, c. 9, s. 46.
(h) has been convicted of any corrupt practice or bribery contrary to the Municipal Elections Act within the ten years preceding nomination day; or
(i) has been disqualified from any office pursuant to the provisions of the Municipal Conflict of Interest Act or the Municipal Elections Act and the period of disqualification has not expired.
(3) A member of a school board, if otherwise qualified, is eligible for re-election.
(4) Every person who sits or acts as a member of a school board after becoming disqualified is guilty of an offence for each day that the person so acts or sits. 1995-96, c. 1, s. 46; 1998, c. 18, s. 555; 2003, c. 9, s. 46 .
48 (1) The election of members of a school board shall take place concurrently with and as part of the regular municipal elections for members of the councils of municipalities.
(2) The election of members of a school board shall be conducted by the returning officers responsible for the conduct of municipal elections.
(3) Notwithstanding subsection (2), a special election may be conducted by the school board if the Minister consents.
(4) Any additional cost incurred by a municipality from
(a) the inclusion of the election of members of a school board with the regular municipal elections; or
(b) a special election for a member of a school board,
may be recovered by that municipality from the school board for which the cost was incurred.
(5) In the event that there is a dispute between a municipality and a school board over the amount to be recovered, the dispute shall be submitted to the Minister, who shall consult with the Minister of Municipal Affairs, or an official designated by the Minister of Municipal Affairs, and shall render a decision thereon, which decision is binding and final. 1995-96, c. 1, s. 48 .
49 (1) In this Section, "election" includes a special election.
(2) A voter shall cast only one vote for the election of a member of a school board at an election. 2003, c. 9, s. 48.
50 (1) A member of a school board takes office after taking the oath of office pursuant to the Municipal Elections Act at the first meeting of the school board following the election at which the member was elected, or within such extended time as the school board allows, and holds office for four years or until the next elected school board members take office.
(2) The first meeting of the school board after an election shall be held not less than fourteen days nor more than thirty days after the election.
(3) The superintendent shall call the first meeting of a school board after an election.
(4) A judge or a justice of the peace may administer the oath of office.
(5) The secretary of the school board shall enter a certificate of the taking of the oath in the minutes. 1995-96, c. 1, s. 50; 1998, c. 18, s. 555 .
51 (1) The seat of a member becomes vacant if the member
(a) dies, resigns or ceases to reside in the school district or school region;
(b) acknowledges to the secretary of the school board or is found by a court to have become disqualified to serve pursuant to this Act or the Municipal Elections Act;
(c) neglects or refuses to take the oath required to be taken, at or before the first meeting of the school board after the election, or within such extended time as the school board allows.
(2) A member who is elected to the House of Assembly or the House of Commons or who is appointed to the Senate of Canada shall resign as a member of the school board within thirty days of such election or appointment.
(3) Where a seat becomes vacant, the secretary shall report the fact to the school board in writing and the school board shall thereupon declare the seat vacant.
(4) A vacancy in the seat of a member of a school board shall be filled by special election pursuant to the Municipal Elections Act. 1995-96, c. 1, s. 51 .
52 Where a member fails to attend three consecutive regular meetings of the school board without reasonable excuse satisfactory to the school board, the school board shall declare the seat of that member vacant, the member thereupon ceases to be a member of the school board and the school board shall forthwith call an election to fill the member's seat pursuant to the Municipal Elections Act. 1995-96, c. 1, s. 52 .
53 A vacancy on a school board does not impair the authority of the remaining members to Act. 1995-96, c. 1, s. 53.
54 (1) In this Section, "Association" means the Nova Scotia School Boards Association.
(2) The Minister and the Association shall, on or before April 1st in the year 1997, the year 2000 and in every fourth year thereafter, jointly appoint a person to make an inquiry and a report respecting the remuneration to be paid to and the reimbursement for expenses incurred by members of school boards for the four-year period commencing when the members take office following the next election.
(3) A person appointed pursuant to subsection (2) shall complete the inquiry and deliver the report to the Minister and the Association on or before June 30th in the year in which the person is appointed.
(4) A person appointed pursuant to subsection (2) has all the powers and privileges and immunities of a commissioner pursuant to the Public Inquiries Act.
(5) The remuneration referred to in subsections (2) is to be a maximum annual stipend for the chair of a school board, a maximum annual stipend for a vice-chair of a school board and a maximum annual stipend for the other members of a school board.
(6) The reimbursement for expenses referred to in subsection (2) is to be a travel allowance at a rate per kilometre, specified levels of reimbursement for local expenses and specified levels of reimbursement for overnight accommodation, meals and auxiliary expenses incurred in attending meetings or conferences outside the school district.
(7) Members of a school board are entitled to such remuneration and reimbursement, not exceeding the remuneration and reimbursement set out in the report referred to in subsection (2), as the school board determines and are not entitled to any other remuneration or reimbursement as members of a school board. 1995-96, c. 1, s. 54; 1998, c. 18, s. 555.
55 (1) The members of a school board shall, at the first meeting of the school board after an election, and annually thereafter until the next election, elect a chair and a vice-chair from among the members.
(2) The superintendent shall preside at the first meeting of the school board until the chair of the school board is elected, unless a temporary chair is appointed by the members.
(3) For greater certainty, the superintendent shall not preside at more than one meeting of the school board.
(4) The school board shall, if a chair is not elected, choose a temporary chair to preside over the meetings of the school board until a chair is elected or appointed.
(5) Where a majority of the members do not agree upon the choice of a chair, the Governor in Council shall appoint a chair from among the members.
(6) The vice-chair shall perform the functions of the chair in the event of the absence or incapacity of the chair. 1995-96, c. 1, s. 55 .
56 (1) The term of office of the chair and of the vice-chair is one year and they may be re-elected.
(2) Where a vacancy occurs in the office of the chair, the school board shall, at its first meeting after the vacancy occurs, elect a chair. 1995-96, c. 1, s. 56 .
57 Each school board shall meet at least four times in each year at such time and place as the chair designates or the by-laws prescribe. 1995-96, c. 1, s. 57 .
58 (1) A school board may, by by-law,
(a) fix the date, hour and place, or any of them, of the meetings of the school board;
(b) regulate its own proceedings and provide for preserving order at meetings of the school board;
(c) provide for standing and special committees of the school board.
(2) A school board may include on its committees representation from the community. 1995-96, c. 1, s. 58 .
59 (1) All meetings of a school board shall be open to the public.
(2) A school board shall not determine by secret ballot any matter before it other than the election of a chair and vice-chair.
(3) Notwithstanding subsection (1), a meeting, or part of a meeting, of a school board may be held in private for the purpose of considering issues involving individual students, personnel matters or other confidential information as determined by a majority of the members of the school board present.
(4) Where a school board meets in private pursuant to subsection (3), the school board may not make any decision in private other than to revert to an open meeting.
(5) The person presiding at any meeting of the school board may cause to be expelled and excluded any person who is disrupting the proceedings of the school board. 1995-96, c. 1, s. 59 .
60 (1) Subject to subsection (2), the chair of a school board shall preside at all meetings of the school board.
(2) During the temporary absence of the chair, the vice-chair shall preside or, if neither is present, the school board may appoint a person from among the members present to preside at the meeting.
(3) A quorum of a school board is a majority of its members serving at the time.
(4) All questions arising at a meeting of the school board shall be decided by a majority of votes.
(5) The chair has a right to vote on all questions before the school board and, in the event of a tie, the question voted on shall be deemed to be determined in the negative. 1995-96, c. 1, s. 60 .
61 (1) A school board shall appoint a secretary and a treasurer or a person as both secretary and treasurer.
(2) The secretary and the treasurer of the school board shall perform such duties as are assigned by the school board.
(3) The secretary and the treasurer of the school board shall, before entering upon or continuing to perform the duties of their offices, give security in the form of a bond or policy of a guarantee company, approved by the Governor in Council pursuant to the Sureties Act, in such amount as is prescribed by the school board, but in no case less than the amount of one hundred thousand dollars. 1995-96, c. 1, s. 61 .
62 (1) A copy of the minutes of a meeting of a school board certified by the secretary of the school board to be a true copy, or an extract from the minutes similarly certified, is admissible in evidence without proof of the signature or appointment of the secretary and is prima facie proof of the matters stated in the copy or extract.
(2) The books, records and accounts of a school board, of a committee of a school board and of the secretary of a school board or committee of the school board, including gross salaries of its employees and members of the school board and its committees, including employment and personal services contracts of employees but not including personnel records, shall be open to the inspection of any person without fee at all reasonable times. 1995-96, c. 1, s. 62; 2002, c. 5, s. 8 .
63 (1) Subject to this Act and the Government Records Act, a school board may make by-laws with respect to the preservation, destruction or disposal of records of the school board.
(2) A school board shall not authorize the destruction of
(a) documents, plans and surveying records pertaining to or affecting the title to real property;
(b) records required to be kept by the provisions of any Act;
(c) records less than six years old;
(d) minutes, by-laws or resolutions of the school board;
(e) records relating to school attendance by students;
(f) records relating to student progress; or
(g) records relating to the employment and service of teachers.
(3) No record of a school board shall be destroyed pursuant to a by-law of the school board unless
(a) the secretary of the school board has submitted to the school board the secretary's certificate stating that the secretary has personally examined the records proposed to be destroyed and that, in the secretary's opinion, there is nothing of value therein; and
(b) the school board has approved the destruction of the records referred to in the certificate. 1995-96, c. 1, s. 63 .
64 (1) A school board is accountable to the Minister and responsible for the control and management of the public schools within its jurisdiction in accordance with this Act and the regulations.
(2) A school board shall, in accordance with this Act and the regulations,
(a) make provision for the education and instruction of all students enrolled in its schools and programs;
(b) ensure that its schools adhere to the provincial program of studies;
(c) promote excellence in education;
(d) develop and implement educational programs for students with special needs within regular instructional settings with their peers in age, in accordance with the regulations and the Minister's policies and guidelines;
(e) develop short and long term plans for the provision of barrier-free access to and within educational facilities;
(f) promote its schools as safe, quality learning environments and as community resources;
(g) subject to the regulations, provide and pay for the conveyance of students to and from school;
(h) pay for the boarding of students in accordance with the regulations;
(i) pay the tuition of students educated in public schools operated by other boards or authorities in accordance with the regulations;
(j) provide regional services to assist public schools;
(k) subject to any applicable collective agreement in effect when this Act comes into force, establish and follow a fair-hiring policy;
(l) hire and pay the superintendent, principals, teachers and other staff;
(m) invite the Department of Education and Culture to name a representative to participate in the process of hiring the superintendent and to participate in the annual evaluation of the superintendent;
(n) identify staff-development needs;
(o) establish policies respecting the communication by teachers to students and parents of learning expectations and progress;
(p) establish an attendance committee to monitor attendance and carry out school board policies in respect of the absenteeism of students in the schools;
(q) take remedial steps, in accordance with school board policy, in respect of those students who have been reported to the school board by a principal as being habitually absent from the school without acceptable excuse;
(r) establish a regional student-discipline policy consistent with the Provincial discipline policy established by the Minister;
(s) develop policies and implement programs consistent with the Minister's policies and guidelines respecting students who have been suspended for more than five days or expelled from school;
(t) establish a policy for the protection of students and employees from harassment and abuse;
(u) develop other regional policies, consistent with any policies established by the Minister, that reflect the board's responsibilities, including policies with respect to staffing, student-support services, programs, school-based fund-raising and transportation;
(v) develop regional strategic and business plans;
(w) enter into an agreement, with a school advisory council and the Minister, determining the composition and responsibilities of the school advisory council;
(x) encourage the development of school advisory councils within its school district or school region;
(y) provide leadership training for members of school advisory councils;
(z) approve school-improvement plans and the annual report submitted by the school advisory council;
(aa) consult with school advisory councils with respect to matters assigned to school advisory councils pursuant to this Act;
(ab) provide for the effective and efficient management of the financial affairs of the board;
(ac) supervise capital expenditures;
(ad) provide and pay for adequate equipment and furnishings for public schools and the maintenance and operation of equipment, furnishings and school buildings;
(ae) manage, maintain, repair and keep safe all real and personal property owned, leased or used by the board;
(af) insure, in amounts agreed upon by the Minister, all buildings and personal property owned by the school board;
(ag) pay its own administration costs including, without limiting the generality of the foregoing, the provision of office space, supplies and equipment, payments to auditors and board members, and the enforcement of this Act;
(ah) provide the sums required to pay the cost of arbitration boards appointed pursuant to the provisions of the Teachers' Collective Bargaining Act and to implement the awards of such boards;
(ai) designate persons to execute agreements on behalf of the school board;
(aj) establish a public tendering and procurement policy, consistent with the Atlantic Provinces Procurement Agreement or similar or successor agreement;
(ak) with the approval of the Minister, enter into agreements with municipalities for the purpose of carrying out this Act and the regulations;
(al) co-operate with other school boards and Government departments and agencies to ensure the effective and efficient carrying out of this Act and the regulations;
(ala) establish a school board conflict of interest policy for school board staff consistent with the Provincial conflict of interest policy for school board staff established by the Minister in the regulations;
(am) submit to the Minister an annual report containing such information as is required by the Minister; and
(an) perform such other duties requested by or delegated to it by the Minister or required to carry out its responsibilities under this Act.
(a) provide such courses as are approved by the Minister;
(b) provide such additional services and benefits as the school board may consider desirable;
(c) enter into agreements, including tuition agreements, for the provision of services and benefits;
(d) permit persons to offer religious studies in its schools in accordance with the policies of the school board.
(3A) An employment or personal-services contract entered into between a school board and senior staff, as defined in the regulations, of the school board has no effect until approved by the Minister.