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BILL NO. 39

                                              Government Bill

                 
                                                               
              3rd Session, 56th General Assembly
                         Nova Scotia
                   44 Elizabeth II, 1995-96

                 
                                                               
                                                               
                                                               
                                                               
                                                               
                                                               
                                                               
                                                               
                                                               
                                                               
                 An Act Respecting Education




                          CHAPTER 1
                       ACTS OF 1995-96




                 
                                                               
                                                               
             The Honourable John D. S. MacEachern
              Minister of Education and Culture


                 
                                                               
                                                               
                                                               
                                                               
                                                               
                                                               
          AS ASSENTED TO BY THE LIEUTENANT GOVERNOR
                       JANUARY 9, 1996






                 
                                                               
                           Halifax
          Printed by Queen's Printer for Nova Scotia
                               
                               
                               
                               
                               
An Act Respecting Education



         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;

         THEREFORE be it enacted by the Governor and Assembly as follows:


         1    This Act may be cited as the Education Act.


         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.


         3    In this Act,

              (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) "co-ordinator" means a person appointed by the Minister to co-ordinate and
         facilitate the establishment of a regional school board or the Conseil acadien;

            (e) "district school board" means a school board established pursuant to the
         former Act;

            (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

                (i) whose first language learned and still understood is French,

                (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
         district or 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

                (i) holds a teacher's certificate or a teaching permit issued by the Minister
            qualifying the person to teach in the public schools in the Province, including a
            vocational teacher's certificate or a vocational teaching permit issued by the
            Minister, and

                (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.


         4  The Minister has the general supervision of public schools and education in the
Province.


                        PUBLIC SCHOOLS

         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.


                    DISTRICT SCHOOL BOARDS

         6  (1) Subject to this Act, every school district designated pursuant to the former Act
is continued.

            (2) Subject to this Act, every district school board established pursuant to the
former Act is continued.

            (3) Every agreement made pursuant to the former Act between the Minister and
the councils of municipalities respecting the designation of a school district and the
establishment of a district school board and in effect immediately before the coming into force
of this Act is continued until such time as the district school board is dissolved pursuant to this
Act.

            (4) The Governor in Council may alter the boundaries of a school district.

            (5) The Governor in Council may annex the whole or any part of a school district
or school region to another school district.


                    REGIONAL SCHOOL BOARDS

         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.


         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.


         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.


         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.


             CONSEIL SCOLAIRE ACADIEN PROVINCIAL

         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.


         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.


         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.

            (3) Notwithstanding the Municipal Elections Act,

                (a) for greater certainty, only entitled persons may be members of the
            Conseil acadien;

                (b) where a person intends to vote in an election for the Conseil acadien,
            the person may be required pursuant to subsection 83(2) of that Act to take an oath
            or make an affirmation attesting to that person's status as an entitled person;

                (c) subsections 83(3) to (5) of that Act apply mutatis mutandis;

                (d) where a person votes in an election for the Conseil acadien, that fact
            shall be entered in the poll book in the manner directed by the Municipal Elections
            Officer;

                (e) for greater certainty, the Governor in Council may, pursuant to that
            Act, 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.

            (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.


         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.


         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.


         16 The Conseil acadien shall

            (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.


                        CO-ORDINATORS

         17 (1) The Minister may appoint

                (a) a co-ordinator, for such time as is necessary, to co-ordinate and
            facilitate the establishment of a regional school board or the Conseil acadien; and

                (b) after consultation with the school boards to be dissolved, a local
            amalgamation committee to assist the co-ordinator and advise the co-ordinator on
            the establishment of the regional school board or the Conseil acadien, as the case
            may be.

            (2) A person appointed as a co-ordinator before this Act came into force is
deemed to have been appointed pursuant to this Section and to have had all the powers and
duties of a co-ordinator from the date of the person's appointment.

            (3) A local amalgamation committee appointed before this Act came into force
is deemed to have been appointed pursuant to this Section and to have had all the powers and
duties of the local amalgamation committee from the date of the committee's appointment.


         18 (1) A co-ordinator, appointed with respect to the establishment of a regional
school board or the Conseil acadien, shall

                (a) be a member of and chair the local amalgamation committee;

                (b) subject to the approval of the Minister and with the assistance of the
            local amalgamation committee, determine the administrative structure for the
            school board;

                (c) chair an interview panel for the purpose of recommending a
            superintendent for the school board and present to the local amalgamation
            committee the panel's recommendation; and

                (d) before the next school board elections, apply to the Utility and Review
            Board for the Utility and Review Board to establish the number of members of the
            school board and the boundaries of the electoral districts.

            (2) Where a new job classification is created pursuant to clause (1)(b), the salary
for that job classification shall be determined in accordance with any applicable collective
agreement in effect when this Act comes into force.


         19 (1) A local amalgamation committee shall

                (a) determine the remuneration and reimbursement for expenses to be paid
            to the chair, vice-chair and other members of the school board pending the
            determination of them pursuant to Section 54;

                (b) on the recommendation of the interview panel chaired by the
            co-ordinator, employ the superintendent for the regional school board or the
            Conseil acadien;

                (c) subject to the approval of the Minister, determine the initial salary and
            benefits of the superintendent; and

                (d) with the assistance of the co-ordinator, put in place the administrative
            structure approved by the Minister.

            (2) The total annual remuneration to be paid to all the members of a regional
school board pursuant to clause (1)(a) shall not exceed the total annual remuneration paid to
all the members of all the district school boards being dissolved upon establishment of the
regional school board.

            (3) The remuneration paid to the chair or vice-chair of a regional school board
pursuant to clause (1)(a)  shall not exceed the remuneration paid to a member of the school
board other than the chair or vice-chair by more than five thousand dollars.

            (4) The remuneration paid to the first members of the Conseil acadien as
provided in clause (1)(a) is subject to the approval of the Minister.

            (5) The salary and benefits of the superintendent determined pursuant to clause
(1)(c) shall not be less than the salary and benefits set out in the applicable collective agreement
in effect when this Act comes into force.

            (6) Until establishment of the regional school board or the Conseil acadien,

                (a) the district school boards being dissolved upon the establishment of the
            regional school board shall pay the salary and benefits of the superintendent of the
            regional school board; and

                (b) the conseils d'école and the district or regional school boards shall pay
            the salary and benefits of the superintendent of the Conseil acadien,

in such shares as the Minister determines.

            (7) Upon establishment of the regional school board or the Conseil acadien, the
superintendent becomes an employee of the school board.


                   SCHOOL ADVISORY COUNCILS

         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.


         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.


         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.


         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


                           STUDENTS

         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.


                           PARENTS

         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.

            (3) Where

                (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.


                           TEACHERS

         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 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.


         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.


         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.


         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.


         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.


         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.


         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.


         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.


         34 (1) A school board may, at any time for just cause, by notice in writing, discharge
any teacher in its employ.

            (2) A school board may

                (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

                    (i) for just cause, or
                (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.


         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.


         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.


         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.


                          PRINCIPALS

         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.


                       SUPERINTENDENTS

         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.


                        SUPPORT STAFF

         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.


                   SCHOOL BOARD MEMBERSHIP

         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.


         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).


         43 Subject to clause 18(1)(d), in the year 1999 and every sixth 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.


         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;

                (b) population density;

                (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.


         45 Subject to this Act, the powers of the Utility and Review Board and procedures set
out in the Municipal Boundaries and Representation Act apply mutatis mutandis.


         46 (1) Except as otherwise provided in this Act, every person is qualified to be
elected as a member who

                (a) is a person qualified to vote at an election pursuant to the Municipal
            Elections Act;

                (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;

                (c) has obtained a certificate from the treasurer of the municipality from
            which the person is to be elected or other person having knowledge of the facts that,
            as of nomination day, the rates and taxes and other charges of all kinds due to the
            municipality by that person have been fully paid; and

                (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) is interested in a contract with the school board to which Section 47
            applies, as described in that Section;

                (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.


         47 (1) This Section applies to a school board while it has in effect a by-law that
provides that this Section applies to the school board.

            (2) A person is interested in a contract with a school board who

                (a) directly or indirectly, alone or with any other person, by himself or
            herself or by the intervention of a trustee or third person, holds, enjoys, undertakes
            or executes any contract, express or implied, for any service or work with or for the
            school board, or with or for any official of the school board, in respect of which
            payment is to be made directly or indirectly out of funds or revenue of the school
            board or is concerned or interested in any such contract, service or work;

                (b) has, directly or indirectly, alone or with any other person, by himself
            or herself or by the intervention of a trustee or third person, a contract for the
            supply of goods, wares, merchandise or materials, or the rendering of services to
            a contractor, for work for which the school board pays or is directly or indirectly
            liable to pay, or that is subject to the control or supervision of the school board or
            an official of the school board;

                (c) has an unsatisfied claim for goods, wares, merchandise, materials or
            services against the school board or any official of the school board, in respect of
            which payment is to be made out of the funds or revenue of the school board, or is
            directly or indirectly interested in any such claim as a subcontractor, employee or
            otherwise;

                (d) is a surety for a contractor with the school board or with any official
            of the school board; or

                (e) is the president, director or manager of a company that holds, enjoys,
            undertakes or executes any contract, express or implied, or any service or work
            with or for the school board in respect of which payment is to be made directly or
            indirectly out of the funds or revenue of the school board or is concerned or
            interested in any such contract, service or work.

            (3) A member shall forfeit office if, while in office, the member

                (a) knowingly sells or furnishes, or permits any company of which the
            member is the manager or director to sell or furnish, whether the transaction is
            single or continuous, any goods, wares, merchandise or materials to, or performs
            any service for, the school board, or to or for any official of the school board, for
            which payment is to be made out of the funds or revenue of the school board,
            directly or indirectly;

                (b) being a professional person receives, takes or enjoys any retaining fee,
            emolument or reward for any professional or other services rendered to the school
            board or any official thereof, or for which payment is to be made out of the funds
            or revenue of the school board, directly or indirectly, or is engaged in any such
            service for reward;

                (c) becomes bankrupt or insolvent, or who compromises with or makes an
            assignment for the benefit of the member's creditors; or

                (d) becomes interested in a contract with the school board.

         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.


         49 A voter shall cast only one ballot for the election of a member of a school board.


         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 three 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.


         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.


         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.


         53 A vacancy on a school board does not impair the authority of the remaining
members to Act.


         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
and in every third 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 three-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.


                    SCHOOL BOARD MEETINGS

         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.


         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.


         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.


         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.


         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.


         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.


              SCHOOL BOARD OFFICERS AND RECORDS

         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.

         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 but not
including personnel records, shall be open to the inspection of any person without fee at all
reasonable times.


         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.


                   GENERAL RESPONSIBILITIES
                 AND POWERS OF SCHOOL BOARDS

         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;

                (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.

            (3) A school board may

                (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.

            (4) Notwithstanding subsections (2) and (3), in any fiscal year a school board
shall not incur or make expenditures that will result in the total of the amounts of expenditures
being in excess of the total of the amounts of the school board's revenue from all sources in that
fiscal year.


         65 (1) Within three months after the end of each fiscal year, a school board shall
publish, in the form prescribed by the regulations, a report of the salaries and expenses of the
members and employees of the school board for the fiscal year of the school board ending on
March 31st in that year.

            (2) Within four months after the end of each fiscal year, a school board shall file
with the Minister a copy of the report referred to in subsection (1).

            (3) A copy of the report required by subsection (1) shall be available at the offices
of a school board for inspection and may be purchased at cost by any person.

         66 A school board may enter into and carry out an agreement or agreements with any
other school board for the education of some or all of the students residing in the area within
its jurisdiction, for the transportation of students to school, for maintenance of public schools,
for obtaining supplies, for sharing facilities and services and respecting any other services
required by the school board.


         67 With the approval of the Minister, a school board may make by-laws for the conduct
and operation of a public school and the exercise of the powers of the school board.


         68 (1) In carrying out its responsibilities and in exercising its authority under this
Act, a school board shall comply with the policies of the Department of Education and Culture
and the directives of the Minister issued in accordance with this Act.

            (2) Where, in the opinion of the Minister,

                (a) the health, safety or educational welfare of the students of a school are
            endangered or the resources of a school board are not being used in a responsible
            manner; and

                (b) the school board has failed to comply with a request of the Minister to
            take corrective action,

the Minister may appoint a person who shall carry out such responsibilities and exercise such
authority of the school board as the Minister determines and in such manner as the Minister
determines and, to the extent the Minister determines, the school board ceases to have such
responsibilities or authority.


         69 (1) A school board may permit volunteers to assist in its schools in accordance
with board policy.

            (2) Where a school board permits volunteers to assist in its schools, it shall
establish policies respecting the role of the volunteers.


         70 (1) No person shall, in or upon any public school premises or school bus and in
the presence of any student attending that school, use profane, threatening, abusive or improper
language towards the teacher, other staff of the school board or bus driver, or speak or act in
such a way as to impair the maintenance of discipline by the teacher in the school or the bus
driver on the school bus.

            (2) No person shall wilfully interrupt or disturb the proceedings of a school
meeting or a public school by acting in a disorderly manner or by making a noise either within
the place where the meeting is held or the school is conducted or so near thereto as to interfere
with the proceedings of the meeting or the conduct of the school.

            (3) Every person who contravenes this Section is guilty of an offence and liable
on summary conviction to a fine of not more than two thousand dollars or to imprisonment for
six months, or to both.

                         SCHOOL YEAR

         71 (1) The school academic year begins on August 1st in each year and ends on July
31st next following.

            (2) The school fiscal year begins on April 1st in each year and ends on March
31st next following.


              SCHOOL BOARD FINANCES AND PROPERTY

         72 The Minister shall make grants to school boards as determined by the regulations
with respect to services provided pursuant to Section 64.


         73 (1) The Minister shall, in each fiscal year, provide to each school board and each
municipality that, pursuant to this Act, is to make payments to that school board a statement of

                (a) the amounts of financial assistance to be paid by the Minister;

                (b) the total of the minimum municipal contributions to be paid by those
            municipalities; and

                (c) the rate to be used in determining the minimum municipal contribution
            to be paid by municipalities,

in the immediately following fiscal year to school boards pursuant to this Act and the
regulations.

            (2) The Governor in Council shall determine the rate referred to in subsection
(1).


         74 Within thirty days of receipt from the Minister of a statement pursuant to Section 73,
each school board shall submit to each municipality in the school district or school region, a
statement setting out

            (a) the amount of the minimum municipal contribution that the municipality is
         required to pay pursuant to clause 76(1)(a); and

            (b) any additional amount that the municipality is requested to pay pursuant to
         clause 76(1)(b),

for the fiscal year with respect to which the Minister's statement is made.


         75 (1) Within sixty days of receipt of the Minister's statement pursuant to Section 73,
each school board shall cause to be prepared and approve a statement of all estimated revenues
and expenditures for the education program and services proposed by the board.
         (2)    The statement of estimated revenues and expenditures shall be prepared in the form
prescribed by the Minister and shall be submitted to the Minister and to each municipality in the
school district or school region within thirty days of approval by the school board.


         76 (1) Unless an agreement made and approved pursuant to Section 27 of the former
Act or made between a municipality and a regional school board pursuant to subsection (2)
otherwise provides, each municipality shall pay to the school board

                (a) the minimum municipal contribution that is required to be paid by each
            municipality to the school board; and

                (b) the municipality's proportion of the amount that is requested by the
            school board to provide for the estimated expenditures of the board, after deducting

                    (i) the amount of the Minister's contribution as set out in the
                Minister's statement pursuant to Section 73, and

                    (ii)     the sum of the minimum municipal contributions to be made by
                the participating municipalities pursuant to clause (a),

            to the extent that the amount has been approved by the municipalities.

            (2) Notwithstanding subsection (1), a regional school board may, by agreement
with all the municipalities within the school region, vary the minimum municipal contribution of
each of the municipalities within the school region, so long as the combined minimum municipal
contributions made pursuant to the agreement equal the total minimum municipal contributions
due to the regional school board pursuant to subsection (1).

            (3) The amount required to be paid to a school board by a municipality pursuant
to subsection (1) shall be paid in twelve equal monthly instalments in each fiscal year unless the
school board and the municipality agree otherwise.


         77 Where a council of a municipality refuses or neglects to make provision for or to pay
to the school board the amounts payable to the school board pursuant to Section 76, the board
may borrow the amount, or so much thereof as is so refused or withheld, from any bank or
person who will advance the same, and the amount so advanced, together with interest and all
other borrowing and recovery expenses, may be recovered in an action against the municipality.


         78 (1) The Minister shall pay annually to each municipality the sums required by the
municipality in that fiscal year to pay interest and repay the principal of sums borrowed by the
municipality for the purposes of erecting, acquiring, purchasing, altering, adding to, improving,
furnishing or equipping buildings for public schools or acquiring land therefor.

            (2) The Minister may pay annually to each school board or its assignee an
amount equal to the amount the board requires to pay the interest and repay the principal of
sums borrowed by the school board pursuant to clause 87 (1)(d) and (e).

            (3) The Minister shall pay annually to each school board, the area of which was
an amalgamation area before its designation as a school district under the former Act,

                (a) the sum required in that fiscal year to pay the interest and repay the
            principal of sums borrowed by the municipalities, for the purposes referred to in
            subsection (1), prior to the date of the designation of the area as an amalgamation
            area; and

                (b) the amount required to pay the interest and repay the principal of sums
            borrowed by the amalgamated school board for the purposes set out in subsection
            (1).


         79 The Minister may withhold the payment of all or any part of financial assistance that
would otherwise be payable to a school board or a municipality if the school board or the
municipality

            (a) fails to provide and administer any part of the public school program that is
         required to be provided under this Act and the regulations;


            (b) fails or refuses to furnish such schedules and reports that the Minister may
         from time to time require concerning the administration and operation of public schools;
         or

            (c) fails to pay its minimum municipal contribution to the school board.


         80 (1) A school board shall create a special reserve fund into which shall be paid
or credited such sums of money equal to any portion of any grant for capital purposes that has
not been expended at the end of a fiscal year.

            (2) Where an item of real or personal property with a value of twenty-five
thousand dollars or more is no longer required by the school board for its purposes, the board
may, with the consent of the Minister, sell the same and pay the proceeds into the special reserve
fund.

            (3) The proceeds from the sale or the recovery of insurance proceeds in respect
of real or personal property pursuant to Section 88 shall be paid into the special reserve fund.

            (4) The proceeds from the sale or the recovery of insurance proceeds in respect
of real property or furniture and equipment in a school building, acquired from a former
amalgamated school board when the district school board was established, shall be paid into the
special reserve fund.

            (5) The interest earned by the special reserve fund forms part of the fund.

            (6) The special reserve fund shall be used only for capital purposes as approved
by the Minister.


         81 (1) Subject to subsection (2) and the regulations, a school board may, for the
sound and efficient managment of any money of the school board, establish and adhere to
investment policies, standards and procedures that a reasonable and prudent person would
apply in respect of a portfolio of investments and loans to avoid undue risk of loss and to obtain
a reasonable return.

            (2) Nothing in this Section or the regulations permits a school board to invest
money received under a trust in investments that are expressly forbidden by the instrument, if
any, creating the trust.


         82 The funds of a school board shall be disbursed only by the board, and if the board
determines the services provided by it or some of them shall be provided by others, payment for
those services shall be made only on certification of accounts in a manner satisfactory to the
school board.


         83 Every school board for each fiscal year shall prepare financial statements in the
form prescribed by the Minister and shall submit the statements to the Minister and to each
municipality in the school district or school region before July 1st of the ensuing fiscal year.


         84 (1) Every school board shall annually appoint a person who is a licensed public
accountant or a firm in which a member is a licensed public accountant to be the auditor of the
school board.

            (2) Where a school board does not appoint an auditor in accordance with
subsection (1), the Minister may appoint one on behalf of the school board.


         85 (1) Within three months after the end of each fiscal year, the auditor of a school
board shall examine and report on the financial statements of the board for the preceding fiscal
year, including

                (a) a statement of revenue and expenditure for the operating fund and any
            other fund of the board;

                (b) a continuity of the surplus or deficit statement for the operating fund
            and any other fund of the board;

                (c) a statement of assets and liabilities for the operating fund and any other
            fund of the board as of the end of the fiscal year; and

                (d) such other statement or information as may be required by law or by
            the school board.

            (2) The auditor shall perform the annual examination in accordance with
generally accepted auditing standards.

            (3) The auditor shall attach to the financial statements a report which shall state

                (a) whether the auditor has obtained all the information and explanations
            the auditor has required;

                (b) whether the auditor's examination was made in accordance with
            generally accepted auditing standards, and accordingly included such tests and
            other procedures as the auditor considered necessary in the circumstances; and

                (c) whether the statements present fairly the financial position of the school
            board as at the end of the fiscal year and the results of its operations for the
            preceding fiscal year in accordance with generally accepted accounting principles,
            as set out by the Minister in the financial management system approved by the
            regulations.

            (4) Every auditor shall have free access at all times to the records, documents,
books, accounts and vouchers of the school board and shall be entitled to receive from the
officers and employees of the school board such information and explanations that in the opinion
of the auditor are necessary for the performance of the auditor's duty, and it shall be the duty
of the school board officials and employees to promptly provide such access and such
information and explanations.

            (5) Within three months after the end of each fiscal year, the auditor shall present
to the school board at a meeting of the board

                (a) the audited financial statements for the preceding fiscal year;

                (b) the auditor's report on the financial statements; and

                (c) any management letter or other written communications between the
            school board and the auditor detailing weaknesses in internal control, deficiencies
            in management-information systems, transactions lacking authority, defalcation,
            irregularity or other area requiring attention or improvement.

            (6) Within four months after the end of each fiscal year, the school board shall
provide to the Minister a copy of the material referred to in subsection (5), together with any
other reports the Minister prescribes.


         86 The Minister may, from time to time at the Minister's discretion, appoint an auditor
to conduct an independent audit of the records, documents, books, vouchers or accounts of a
school board or school and subsection 85(4) applies mutatis mutandis.


         87 (1) For the purpose of establishing, maintaining and operating public schools,
a school board may

                (a) acquire, hold, improve and maintain any real or personal property for
            such consideration and on such conditions as the Minister may deem proper;

                (b) lease, sell or convey any real or personal property for such
            consideration and on such conditions as the Minister may deem proper;

                (c) improve, renovate, alter, add to, repair, extend, provide service,
            furnish and equip buildings for public school purposes on such terms and
            conditions as the Minister may deem proper;

                (d) subject to the Municipal Finance Corporation Act and with the
            approval of the Minister, borrow money by the issue of bonds, debentures,
            promissory notes or other securities to evidence such borrowing on such terms and
            conditions as are approved by the Minister;

                (e) with the approval of the Minister postpone a borrowing pursuant to
            clause (d) and borrow by way of a temporary loan from a chartered bank, trust
            company or other financial institution in the Province by the execution of
            promissory notes or other instruments used in connection with temporary
            borrowings;

                (f) with the approval of the Minister, borrow money from the Maintenance
            Stabilization Trust Fund;

                (g) with the approval of the Minister, borrow up to one per cent of the
            operating expenditure budget for the current fiscal year to meet current operating
            expenditures.

            (2) The amount borrowed pursuant to clause (1)(g) shall be repaid in full by the
end of the fiscal year in which the amount was borrowed.

            (3) The Minister may, on behalf of Her Majesty in right of the Province,
guarantee the repayment of principal and payment of interest on any borrowings made pursuant
to subsection (1) on such terms and conditions as the Governor in Council determines.

            (4) A school board shall pay the interest and repay the principal in respect of
sums borrowed by the board pursuant to this Section.


         88 (1) Where the Minister has received a report pursuant to the regulations and the
Minister is satisfied that it is necessary to acquire property or to construct, purchase, alter, add
to, improve, furnish or equip buildings or other works for public school purposes, the Minister
may, with the approval of the Governor in Council,

                (a) acquire property for such consideration and on such conditions as the
            Minister may deem proper;

                (b) construct, alter or add to buildings or other works for school purposes;
            or

                (c) furnish and equip such buildings,

and all expenditures for such purposes shall be paid by the Province.

            (2) Upon completion of a project, the Minister, with the approval of the Governor
in Council, may convey title to such property to the school board, or to the municipality if title
was acquired from the municipality for the purpose of the project, for such consideration and
on such conditions as the Minister may deem proper.

            (3) Where alterations, additions or improvements are made to public school
property owned by a municipality, the municipality holds such property upon trust that the school
board is entitled to receive

                (a) in the event of the sale of such property; or

                (b) in the event of partial or complete destruction of the property,

the proportion of the proceeds from the sale, or any insurance recovery, less any amount
required to be paid to the Province pursuant to subsection (5), that the value of alterations,
additions or improvements made by or on behalf of the school board is to the appraised value
of the whole property, and such proportion shall be paid into the special reserve fund established
pursuant to Section 80.

            (4) Notwithstanding subsection (3), where a building owned by a municipality or
school board and used for public school purposes is partially or completely destroyed and the
school board requires that the building be repaired or replaced, the school board shall receive
the proceeds from any insurance recovery and shall pay the proceeds into the special reserve
fund established pursuant to Section 80.

            (5) Where a municipality receives the proceeds from an insurance recovery with
respect to a building owned by the municipality and used for school purposes and there is debt
owed on the school property for which the Province is responsible, the municipality shall pay the
amount of the outstanding debt to the Province out of the insurance recovery.


         89 (1) A school board may, with the approval of the Minister, make a by-law
governing the permanent closure of a public school within its jurisdiction.

            (2) A by-law made pursuant to subsection (1) shall be consistent with the
regulations made by the Minister pursuant to this Act respecting the permanent closure of public
schools.

            (3) Upon identification, in accordance with the regulations made by the Minister,
of a public school to be considered for permanent closing, the school board may permanently
close the school within the school district in accordance with a by-law made pursuant to
subsection (1) or, where there is no such by-law, in accordance with the regulations made by the
Minister pursuant to this Act respecting the permanent closure of public schools.


         90 (1) A school board may

                (a) declare any building used for public school purposes or any part of a
            building used for public school purposes, or the appurtenances or grounds thereof,
            to be unfit for public school purposes;

                (b) enter into and carry out a lease or agreement for the renting of
            premises for public school purposes.

            (2) No lease or agreement shall be entered into pursuant to clause (1)(b) that

                (a) does not place the rental premises completely under the control of the
            school board; or

                (b) contains any undertaking or agreement that abridges or modifies any
            power or duty of the school board.


         91 When a school board makes a declaration that a school house or building used for
public school purposes or a part of a school house or such a building or the appurtenances or
grounds thereof are unfit for public school purposes, the board shall notify the municipality in
which the school house or building is located and the declaration shall, unless otherwise
provided by the board, take effect at the commencement of the next academic school year, and
the school house or building or part thereof or grounds or appurtenances shall not thereafter
be used for school purposes without the approval of the school board.


         92 (1) Buildings owned by municipalities and used for school purposes are under
the exclusive control and management of school boards and school boards are responsible for
providing adequate maintenance and repairs and shall insure the buildings in amounts agreed
upon by the municipalities and the school boards.

            (2) The school boards shall notify the municipalities when land and buildings
owned by the municipalities are no longer required for the purposes of the school boards.


         93 (1) Subject to subsection (2), where land and buildings, that have vested in a
district school board pursuant to the former Act, are declared surplus by the district school
board or a successor school board and the land and buildings were owned by a municipality
prior to the establishment of the amalgamated school board pursuant to the former Act, the
municipality shall have the option of having the surplus land and buildings reconveyed to it,
subject only to any lien, mortgage or charge in respect of the unmatured debt that exists at the
time the land and buildings are declared surplus.

            (2) Where land and buildings vested in the Conseil acadien are declared surplus
by the Conseil acadien and the lands and buildings were owned by another school board prior
to the vesting of the land and building in the Conseil acadien, that school board or a successor
school board shall have the option of having the surplus land and buildings conveyed to it,
subject only to any lien, mortgage or charge in respect of the unmatured debt that exists at the
time the land and buildings are declared surplus.


                       SCHOOL TRUSTEES

         94 (1) For the purpose of this Act, the Province is divided into school sections.

            (2) The boundaries of school sections existing immediately before the coming into
force of this Act are continued until altered under this Act.

            (3) The boundaries of a school section may be proved in any court by a certificate
of the secretary of the school board of the school district or school region in which the section
is situated without proof of the handwriting or appointment of the secretary.


         95 (1) Subject to this Act, there may be in each school section a board of trustees
consisting of such number of persons, not fewer than three, as the school board determines, who
shall be known as "The Trustees of (here insert name of Section and number, if any) in the (here
insert name of school district)" to provide educational programs for some or all of the students
attending a public school in the school section.

            (2) Subsection (1) does not apply where there is only one school section in a
school district when this Act comes into force.

            (3) Notwithstanding subsection (1), a district school board or regional school
board may determine, subject to the approval of the Minister, that there shall be a board of
trustees for an area consisting of two or more school sections in which one or more public
schools are located and that the trustees shall be known as "The Trustees of (here insert name
and number, if any) in the (here insert name of school district)", and where such a combination
of school sections is made it shall be deemed to be a school section for the purpose of this Act.

            (4) Each trustee holds office for a term of three years and may be re-elected.

            (5) The board of trustees shall

                (a) communicate to the school board the opinion and recommendations of
            the trustees and other members of the public respecting the conduct of the school
            program in the school section;

                (b) visit the public schools of the school section not less than twice in each
            year;

                (c) make recommendations to the school board respecting use of a public
            school building for purposes other than regular school purposes, so long as that
            use does not interfere with the proper conduct of schools;

                (d) provide such assistance and perform other functions as required by this
            Act or requested by the school board.

            (6) Upon the establishment of a school advisory council for a public school, no
board of trustees has any jurisdiction or responsibility with respect to that school and, if
therefore the board of trustees has no jurisdiction or responsibility with respect to any public
school, the board of trustees is dissolved and no further school meetings shall be held pursuant
to Section 96 or 97.


         96 (1) In this Section and Sections 97 to 119, "resident" means a resident who is
eighteen years of age or more.

            (2) A meeting of residents of the school section may be held annually in every
school section.


         97 (1) An annual school meeting of every school section may be held on a date
determined by the trustees of the school section.

            (2) An annual school meeting may be held in a public school building or other
suitable place in the section designated by the trustees.

            (3) At a school meeting three residents of the school section constitute a quorum.

            (4) Notice of every school meeting shall state the purpose or purposes of the
meeting and shall be given by the trustees

                (a) by posting the notice in not fewer than three public places in the section
            for not fewer than five days before the day fixed for the meeting; or

                (b) by one advertisement not less than five days prior to the date of the
            meeting in a newspaper having general circulation in the area.

            (5) When an annual school meeting has been held in the section on the date
determined by the trustees pursuant to subsection (1), no election conducted or business
transacted thereat shall be held to be invalid because of an irregularity or failure in the posting
or giving of notices required by subsection (4) if there has been substantial compliance with that
subsection.

            (6) Notwithstanding Section 95, if there are no trustees in a section, the school
board shall, on the written request of at least seven residents of the section, or in case there are
fewer than fourteen residents in the section, on the written request of the majority of the
residents, call a special meeting in the manner provided in this Section for

                (a) the purpose of deciding whether to have trustees and, if it is decided to
            have them, electing trustees; and

                (b) the consideration of any subject deemed of importance to the
            educational interests of the section.

            (7) The term of office of trustees elected pursuant to subsection (6) is three years.


         98 The business of an annual school meeting shall be to

            (a) receive and consider reports submitted by the trustees;

            (b) consider any subject deemed of importance to the educational interests of the
         section;

            (c) take such action as may be appropriate in respect of any request for
         assistance by the school board;

            (d) decide whether there is a need for trustees; and

            (e) if there is a need for trustees, elect such trustees at the first annual meeting
         of residents of the section after July 1, 1982, and at three year intervals thereafter.


         99 The trustees of a school section at any time may, and when requested by a majority
of the residents of the section shall, call a special school meeting for the consideration of matters
deemed of importance to the educational interests of the section.


         100    (1) The residents of the school section present at any school meeting shall elect
a chair from among the residents to preside over the meeting and a secretary to record its
proceedings.

            (2) The chair shall decide all questions of order and shall take the votes of the
residents.

            (3) The chair may vote in the case of the election of trustees, but the chair shall
not vote on other questions except in the case of a tie, when the chair has the casting vote.


         101    (1) If a person who offers to vote at a school meeting is challenged as not
qualified, the chair presiding at the meeting shall require the person so offering to make the
following declaration:  "I do declare and affirm that I reside in this school section".

            (2) Every person who is so challenged and makes that declaration may vote on
all questions proposed at the meeting, but if that person refuses to make the declaration that
person may not vote.

            (3) Every person who wilfully makes a false declaration of that person's right to
vote is liable to a penalty of not more than two hundred dollars and, in default of payment, to
imprisonment for not more than sixty days.


         102    (1) The trustees of a school section may be elected at an annual school meeting.

            (2) The trustees shall be elected from among the residents of the section.

            (3) No person is qualified to be elected or to hold office as a trustee who

                (a) is a member of the school board, a regional education officer or a
            teacher employed in the section;

                (b) is a person otherwise employed by the school board or by the trustees
            of the school section or district in respect of the section or district;

                (c) has ceased to reside in the section;

                (d) has been continuously absent from the section for more than six
            months;

                (e) is insolvent; or

                (f) is disabled from transacting business.


         103    A trustee who becomes disqualified under Section 102 shall vacate the office.


         104    No irregularity in the mode of electing a trustee invalidates the election unless
before the adjournment of the meeting formal objection is taken to the election by a person who
is entitled to vote.


         105    (1) Where it has been decided to have trustees and at an annual school meeting
three trustees are not elected or an insufficient number of trustees is elected or for any other
reason a vacancy exists, the district school board shall appoint a trustee or trustees to fill the
vacancies, and persons so appointed shall hold office in all respects as if they had been elected
at the annual meeting.

            (2) The trustees so appointed may, in the manner provided for calling an annual
meeting, call a meeting of the residents of the section who are entitled to attend an annual
meeting, and at the meeting so called those persons may transact any business, except the
election of trustees, that may be transacted at an annual meeting.


         106    (1) The trustees, at their first meeting after the annual school meeting, shall
appoint a secretary and furnish the secretary with suitable books for keeping records of the
doings of the trustees and the business of the section.

            (2) The secretary holds office until the secretary resigns or until the secretary's
successor is appointed.


         107    The secretary under the direction and supervision of a majority of the trustees shall

            (a) keep, in proper books, accounts and records of the affairs and meetings of
         trustees and minutes of school meetings;

            (b) generally transact any business directed by resolution of the trustees.


         108    Not later than three days before the annual school meeting, the secretary shall
prepare and submit to the trustees a statement of the finances of the section showing in detail

            (a) the actual receipts and disbursements of the section in the preceding fiscal
         year;

            (b) a forecast of anticipated receipts and disbursements during the current fiscal
         year; and

            (c) the financial position of the section.


         109    When a school board makes an alteration in the boundaries of a section, subdivides
a section, or unites two or more sections, it may, from time to time, make such order or orders
as it deems proper respecting the continuance and constitution of the board or boards of school
trustees, and respecting the rights, property and liabilities of the sections affected by the
alteration, subdivision or union, and generally may order and direct all things that become
necessary to give effect to the alteration, subdivision or union.


         110    No alteration, subdivision, union or apportionment of a school section or part of a
section shall take effect until the beginning of the next academic school year, but, when it is
necessary for the purpose of making preparations for that school year, meetings of residents of
the section and of trustees may be held and business of the section conducted before the
beginning of the academic school year.


                      SCHOOL ATTENDANCE

         111    Subject to the regulations, every resident of the Province over the age of five years
and under the age of sixteen years shall attend school in accordance with the regulations.


         112    When a child lives with or is under the care or in the custody of a person other than
the child's parents, that person during the time that the child lives with that person or is under
that person's care or in that person's custody, is subject to the duties imposed by this Act on the
parents, but the duty and liability of the parent are not thereby affected or diminished.


         113    A child is not required to attend a public school if the child

            (a) is being provided with a home education program in accordance with the
         regulations;

            (b) is enrolled in and in attendance at a private school operating in compliance
         with this Act; or

            (c) meets any other exemptions contained in regulations.


         114    Certificates of exemption or of employment, of a temporary or permanent nature,
may be issued by school boards or an official to whom the school board delegates its
authorization in accordance with regulations made pursuant to this Act.


         115    No person shall employ in any work during school hours a child who has not
attained the age up to which attendance at school is required by regulations made pursuant to
this Act unless an employment certificate authorizing the employment has been issued pursuant
to Section 114 and the regulations and is in effect.


         116    The attendance committee of the school board shall

            (a) monitor the attendance of students in schools in the district or region;

            (b) take steps to reduce the absenteeism of students from schools in the district
         or region in accordance with policies of the school board; and

            (c) recommend to the school board remedial steps and policies in respect of those
         students who have been reported to the school board by the principal as being habitually
         absent from school without acceptable excuse.


         117    A parent or other person having charge or control of any child, shall, within five
days after having been served with a notice by the school board naming the child, cause the child
to attend school and continue in regular attendance at school, unless the child is excused from
attendance under this Act or the regulations or unless that person satisfies the school board that
that person is unable to induce the child to attend public school.


         118    It is prima facie proof to file with a court the following documents:

            (a) an affidavit of a person designated by the school board that a notice pursuant
         to Section 117 was served on a parent or person in charge of the child; and

            (b) a certificate purporting to be signed by the teacher, without proof of the
         teacher's appointment or signature, that the child was absent from school for a period of
         five or more school days, not necessarily consecutive, following the receipt of the warning
         notice by a parent or person in charge of the child.


         119    A certificate respecting the enrolment and the attendance or non-attendance of a
child in school that is or purports to be signed by a teacher is admissible in evidence without
proof of the appointment or signature of the teacher and is prima facie proof of the facts stated
in the certificate.


         120    Where a person is charged with an offence under this Act in respect of a child who
is alleged to be within the limits of the ages prescribed by regulations and the child appears to
the court to be within those age limits the child shall, for the purposes of this Act, be deemed to
be within those age limits unless it is proved to the satisfaction of the court that the child is not
of an age within those age limits.


                       STUDENT CONDUCT

         121    Where a student in a class is persistently disobedient or defiant or acts in a manner
likely to affect injuriously the proper conduct of the class or the welfare or education of other
students in the class, the teacher of the class may require the student to leave the class and shall
refer the student to the principal.


         122    Where a student enrolled in a public school is persistently disobedient or defiant or
conducts himself or herself in a manner likely to affect injuriously the proper conduct of the
school or the welfare or education of other students enrolled in the school, the principal, or the
person in charge of the school, may suspend the student for a period of not more than five school
days.


         123     (1)    When a student is suspended pursuant to Section 122 the principal or other
person in charge of the school shall immediately notify, in writing, the student, the student's
teachers, the school board and the student's parents of the reasons for the suspension.

            (2)  The student or the student's parents may request a review of the suspension
pursuant to Section 122 by the school board within three school days of receiving the notice
pursuant to subsection (1).

            (3)  The school board shall

                 (a)    confirm the suspension under Section 122; or

                 (b)    order that the suspension be revoked and that the suspension be
            removed from the record of the student.


         124     (1)    Where a student is suspended pursuant to Section 122 and the principal is of
the view that the student should be suspended for a period greater than five school days, the
principal may, in writing, make a recommendation with reasons to the school board that the
student be suspended for a period greater than five school days.

            (2)  When a recommendation is made pursuant to subsection (1), the school board
shall immediately notify, in writing, the student and the student's parents of the principal's
recommendation and reasons.

            (3)  Within seven days of having received the recommendation of the principal
under subsection (1), the school board shall

                 (a)    dismiss the principal's recommendation; or

                 (b)    extend the suspension of the student for a period of greater than five
            school days.

            (4)  Where the suspension of a student begins within two months of the end of the
school academic year, the period of time for which a school board may extend the suspension
under subsection (3) may include a portion of the next academic year.

            (5)  The school board shall notify the student, the parents of the student, the
student's teachers, the principal or person in charge of the school of its decision under
subsection (3) within three days of the meeting at which the decision was made.

            (6)  Where the school board decides under subsection (3) to extend the suspension
of the student, the school board shall include in its notice under subsection (5)

                 (a)    the period for which the student is to be further suspended;

                 (b)    the reasons for the decision to further suspend the student; and

                 (c)    the right of the student and of the student's parents to appeal the
            decision.

            (7)  When a student or the parent of a student has been notified of the suspension
of the student pursuant to (5), the student or the parent may, within seven days of receiving such
notice, appeal the suspension to the school board.

            (8)  The school board shall, upon receipt of a notice of appeal pursuant to
subsection (7)

                 (a)    immediately notify the parent of the student and the student of the time
            and place of the hearing of the appeal and the right of the student or parent, or
            both, to appear in person with or without counsel;

                 (b)    within ten days of receipt of the notice of appeal, hold a hearing and
            confirm, revoke or vary the decision of the school board.

            (9)  Within three clear days of the hearing, the school board shall notify the
student, the student's parent, the student's counsel, the student's teachers and the principal or
person in charge of the school of its decision, which decision shall be final and binding.


         125     (1)    The powers and duties of the school board set out in subsections 123(3) and
124(3) may be performed

                 (a)    if so directed by the school board, by one or more committees
            consisting of the superintendent and two members of the school board, one of whom
            shall act as chair of the committee;

                 (b)    if so directed by the school board, by the school advisory council of
            the school or a committee of the school advisory council;

                 (c)    with the approval of the Minister, by one or more committees of
            persons designated by office or named by the school board.

            (2)  The power and duties of the school board set out in subsection 124(8) may
be performed, if so directed by the school board, by one or more committees consisting of the
superintendent and two members of the school board, one of whom shall act as chair of the
committee.


         126     Where a student is suspended for more than five school days, the school board, in
consultation with the student's parent, shall make  every reasonable effort to provide alternative
arrangements for the education of the student, in accordance with the regulations.


         127    (1) The principal of a public school, or such other supervisory person as may be
designated by the school board, may suspend a student's right to use the school bus if, in that
person's judgement, the student has refused to comply with reasonable rules or regulations of
the school board or directions given by the bus driver or if, in that person's judgement, the
behaviour of the student while on the bus endangers the safety of others using the bus.

            (2) A person who suspends a student's right pursuant to subsection (1) to use the
school bus shall report this action immediately to the school board and inform the student's
parent by the speediest method convenient of that person's action.

            (3) Where the student's right to use the school bus has been suspended for a
period of more than two days, the student and the student's parent shall be notified in writing
of the reason for the suspension and, where the suspension is for a period of more than five
school days, of the right of appeal pursuant to subsection (4).

            (4) Where a student is suspended for a period of more than five school days, the
parent of the student or the student, if the student is of the age of majority, may, within seven
days of receiving notice of the suspension pursuant to subsection (3), appeal the decision to
suspend.

            (5) Where a notice of appeal has been received by the school board pursuant to
subsection (4), the balance of the suspension shall be stayed until the school board confirms,
revokes or varies the suspension.

            (6) The school board shall, upon receipt of a notice of appeal

                (a) immediately by registered mail notify the parent of the student, or the
            student, where the student is of the age of majority, of the time and place of the
            hearing of the appeal; and

                (b) within ten days of receipt of the notice of appeal, hold a hearing
            respecting the suspension and within three school days following that hearing
            confirm, revoke or vary the decision to suspend.

            (7) No parent or other person in charge of any student, having been sent by the
school board by registered mail a notice of suspension of the student's right to use the school
bus, shall cause, encourage or permit the student to use the bus during the period of time during
which the suspension is in effect.


                        HOME EDUCATION

         128    (1) A parent may provide a home education program to a child of the parent
centered in the child's home.

            (2) A parent providing a home education program to a child shall

                (a) register the child for each school academic year with the Minister; and

                (b) report the child's progress to the Minister,

as prescribed by the regulations.

            (3) With the approval of the school board, a child in a home education program
may attend courses offered by a school board, subject to any terms and conditions prescribed
by the school board.

            (4) The Minister may require the parent of a child in a home education program
to provide evidence of the child's educational progress by providing one or more of the following
as the parent determines:

                (a) results of a standardized test;

                (b) an assessment from a qualified assessor;

                (c) a portfolio of the child's work,

as prescribed by the regulations.

            (5) Notwithstanding subsection (4), where, in the Minister's opinion, further
evidence of a child's educational progress is required, the Minister may appoint an independent
assessor, as prescribed by the regulations, to assess and report to the Minister whether

                (a) the child is making reasonable educational progress;

                (b) the home education program is adequately addressing the child's
            needs; and

                (c) the available public school program will do more to further the child's
            educational progress than the home education program.

            (6) A parent may request that a child in a home education program be assessed
through an assessment instrument authorized by the Minister in order to determine the child's
educational progress, in accordance with the regulations.

            (7) When, following participation in a home education program, a child enrolls
in a public school, the school board shall determine the child's grade placement.


         129    (1) A parent may not provide or continue to provide a home education program
to a child if, based on the evidence provided pursuant to subsection 128(4) and the report made
pursuant to subsection 128(5), the Minister determines that

                (a) the home education program does not meet the requirements of this Act
            and the regulations; or

                (b) the child is not making reasonable educational progress as determined
            by the child's performance as measured pursuant to subsection 128(4).

            (2) Before making a determination pursuant to subsection (1), the Minister shall

                (a) notify the parent, in writing, by registered mail of the Minister's intent
            to make the determination; and

                (b) give the parent an opportunity to make representation to the Minister
            in writing as to why the home education program should be provided or continued.


                       PRIVATE SCHOOLS

         130    A child may attend a private school.


         131    (1) A private school shall

                (a) meet local health, safety and building standards;

                (b) provide statistical information with respect to the school, as required
            by the Minister; and

                (c) where requested by the Minister, provide evidence that students are
            making reasonable educational progress appropriate for their age and grade level
            based upon results of nationally or internationally recognized standardized
            achievement tests.

            (2) The Minister may appoint or designate a regional education officer to assess
a private school, including its teachers, its educational programs and its instructional materials,
to inspect its facilities and to perform such other duties with respect to the private school as the
Minister may require.

            (3) A private school may offer a religious-based curriculum.


         132    Upon application by a private school to the Minister in accordance with the
regulations, the Minister may recognize the school's program of studies as meeting the
requirements for a high school leaving certificate.


                     COMMUNITY FACILITIES

         133    (1) A school board and a municipality may enter into an agreement whereby the
municipality agrees to pay the capital cost of a community facility to be acquired by the school
board in or in association with a public school within the municipality and the cost of
maintaining and operating the community facility.

            (2) For the purpose of this Act, a school property includes a proposed school
property.

            (3) For the purpose of this Act, the capital cost of a community facility or a school
property includes all costs incurred in acquiring the community facility or the school property,
including costs of acquiring land and costs of designing, constructing, furnishing and equipping
the community facility.

            (4) An agreement shall not be entered into unless the agreement relates to a
community facility that is part of a school property, and a municipality shall not pay the capital
cost of a community facility that is an alteration, addition or improvement to a school property
except pursuant to an agreement.

            (5) An agreement with respect to a community facility shall

                (a) describe the community facility and school property to which the
            agreement relates;

                (b) set out the capital cost of the community facility, expressed as either

                    (i) an amount of money, or

                    (ii)     a proportion of the combined capital cost of the community
                facility and the school property to which the agreement relates;

                (c) set out the respective obligations of the parties to the agreement
            respecting the operation and maintenance of the community facility;

                (d) set out the respective rights of the parties to the agreement with respect
            to access to and use of the community facility; and

                (e) include such provisions as are necessary or conducive to carrying out
            the intent and purpose of the agreement.

            (6) An agreement with respect to a community facility is of no effect unless the
agreement is approved by the Minister.

            (7) A copy of an agreement with respect to a community facility, executed by both
parties thereto, and on which is endorsed the approval of the Minister, shall be filed with the
Minister, the Minister of Municipal Affairs and the member of the Executive Council assigned
responsibility for the Nova Scotia Sport and Recreation Commission.


         134    (1) A school board and a municipality may

                (a) do every act, exercise every power and expend every sum of money
            necessary or proper for the purpose of implementing in every respect all of its
            obligations under an agreement with respect to a community facility; and

                (b) do and perform the acts, matters and things that the agreement
            provides be done or performed by them in the manner, with the effect and under the
            conditions stipulated and provided in the agreement.

            (2) All money required for the payment or performance by the municipality of its
obligations under an agreement with respect to a community facility shall be held to be money
required for the ordinary lawful purposes of the municipality and shall be levied, raised and
collected in all respects as other money required for the ordinary lawful purposes of the
municipality is levied, raised and collected.

            (3) For the purpose of raising money to pay or perform its obligations under an
agreement with respect to a community facility, the municipality may recover annually, from the
area in which a school to which the agreement relates is located, the amount required to pay
such amounts by an area rate to be collected in the same manner as municipal rates and taxes
with the same rights and remedies in the event of default of payment and, for greater certainty,
the amount may be rated without a petition of the ratepayers.

            (4) Any money required by the municipality for the purpose of paying the capital
cost of a community facility under an agreement may be borrowed, and such borrowing is and
is deemed to be for a municipal purpose within the meaning of the Municipal Affairs Act.


         135    (1) Where the community facility to which the agreement relates is an alteration,
addition or improvement to a school property owned by a school board, the school board shall
hold the school property in trust.

            (2) The municipality is entitled to receive

                (a) in the event of the sale of the property; or

                (b) in the event of partial or complete destruction of the property,

a share of the proceeds from the sale or any insurance recovery, less any amount required to
be paid to the Province pursuant to this Act.

            (3) The municipality's share is equal to the proportion that the capital amount
paid by the municipality pursuant to the agreement bears to the appraised value of the whole
property.

            (4) Every amount recovered by the municipality pursuant to this Section shall be
paid into the special reserve fund of the municipality.

            (5) A school board shall not sell a school property to which an agreement with
respect to a community facility relates without first offering to sell the school property to the
municipality.


         136    Nothing in this Act respecting an agreement with respect to a community facility
means or shall be construed to mean that either a municipality or a school board is relieved from
obtaining a consent or approval of the Minister or the Minister of Municipal Affairs required by
this or another enactment.


                      MI'KMAQ EDUCATION

         137    (1) There is hereby established a Council on Mi'kmaq Education.

            (2) The Minister shall establish the terms of reference for the Council on Mi'kmaq
Education in consultation with the Task Force on Mi'kmaq Education.

            (3) The Council shall

                (a) promote the rights and interests of the Mi'kmaq by providing
            recommendations to the Minister on programs and services in public schools and
            on adult education; and

                (b) perform such other duties as determined by the regulations.

            (4) Pending the appointment of the members of the Council pursuant to subsection
(5), the Council is composed of the members of the Task Force on Mi'kmaq Education.

            (5) Members of the Council shall be appointed by the Minister for such terms and
upon such conditions as determined by the regulations.

            (6) The Council shall meet at least four times a year.

            (7) Meetings of the Council shall be presided over by a member of the Council
chosen by the Council.

            (8) The members of the Council are entitled to such remuneration and shall be
reimbursed for such reasonable expenses as are necessarily incurred in carrying out their duties,
as the Governor in Council determines by regulation.


         138    School boards shall

            (a) provide and implement programs and policies promoting Mi'kmaq education;
         and

            (b) include in learning materials information respecting the history, language,
         heritage, culture, traditions and the contribution to society of the Mi'kmaq.


                  AFRICAN-CANADIAN EDUCATION

         139    (1) There is hereby established a Council on African-Canadian Education.

            (2) The Minister shall establish the terms of reference for the Council on African-Canadian Education in consultation with the Black Learners Advisory Committee.

            (3) The Council shall

                (a) promote the rights and interests of African-Nova Scotians by providing
            recommendations to the Minister on programs and services in public schools and
            on adult education; and

                (b) perform such other duties as determined by the regulations.

            (4) Pending the appointment of the members of the Council pursuant to subsection
(5), the Council is composed of the members of the Black Learners Advisory Committee.

            (5) Members of the Council shall be appointed by the Minister for such terms and
upon such conditions as determined by the regulations.

            (6) The Council shall meet at least four times a year.

            (7) Meetings of the Council shall be presided over by a member of the Council
chosen by the Council.

            (8) The members of the Council are entitled to such remuneration and shall be
reimbursed for such reasonable expenses as are necessarily incurred in carrying out their duties,
as the Governor in Council determines by regulation.


         140    School boards shall

            (a) provide and implement programs and policies promoting African-Canadian
         education; and

            (b) include in learning materials information respecting the history, heritage,
         culture, traditions and the contribution to society of African people.


                           GENERAL

         141    The Minister may

            (a) subject to the regulations, direct the expenditure of all sums appropriated by
         the Legislature for educational purposes;

            (b) prescribe the conditions of graduation from the Nova Scotia Teachers
         College;

            (c) authorize and empower the Nova Scotia Teachers College to confer such
         degrees, honours, diplomas and certificates in education as the Minister may specify;

            (d) determine the requirements and conditions with which a person must comply
         to receive a degree, honour, diploma or certificate in education from the Nova Scotia
         Teachers College;

            (e) subject to the regulations, classify teachers and grant teachers' certificates
         and permits;

            (f) after consultation with a school board, approve plans for school buildings;

            (g) maintain and operate the Nova Scotia School Book Bureau for the purchase,
         sale and distribution of school books and other learning materials prescribed by the
         regulations for use in the public schools;

            (h) establish a trust fund, to be known as the Maintenance Stabilization Trust
         Fund, for the purpose of lending money to school boards for capital purposes;

            (i) make loans from the Maintenance Stabilization Trust Fund to school boards,
         on such terms and conditions as the Minister determines;

            (j) require that reports and returns be made by teachers, school advisory coun-
         cils, school boards and others engaged in the conduct or management of public schools;

            (k) effect improvement generally in the conduct and administration of school
         boards, and, among other things, consult with, assist and advise school boards, develop
         proper methods of school board administration, financing, accounting and auditing,
         collaborate with public education organizations and other bodies and collect, compile and
         disseminate education statistics and information;

            (l) do such other things as the Minister deems necessary to carry out effectively
         the Minister's duties under this Act.


         142    (1) The Minister may appoint persons in the Civil Service as regional education
officers for the purpose of this Act.

            (2) A regional education officer shall

                (a) act as an educational adviser to one or more school boards;

                (b) visit schools and report to the Minister on the educational activities at
            the schools and the conditions of the schools, consult with and co-operate with other
            educational agencies and generally aid the Minister in keeping in touch with
            educational conditions throughout the Province;

                (c) promote the advancement of education by holding public meetings; and

                (d) perform such other duties as the Minister determines.


         143    (1) The payments made by the Minister or a school board for all or a portion of
the cost of any policy of insurance or any other benefits plan provided to teachers including,
without limiting the generality of the foregoing, life insurance, accidental death and
dismemberment insurance or medical and dental plans are financial assistance for the purpose
of the Auditor General Act and subject to audit by the Auditor General.

            (2) Subsection 85(4) applies mutatis mutandis to an audit pursuant to this Section.


         144    The Governor in Council may receive in trust, hold and spend sums of money
donated, bequeathed or subscribed for the use of public schools.


         145    (1) The Minister may make regulations

                (a) after consultation with the Council on Mi'kmaq Education, respecting
            the Council on Mi'kmaq Education;

                (b) after consultation with the Council on African-Canadian Education,
            respecting the Council on African-Canadian Education;

                (c) prescribing the time in session, holidays and vacations of all public
            schools;

                (d) prescribing the minimum number of hours of instruction to which
            students in the public schools are entitled;

                (e) prescribing reporting systems and forms for the administration and
            effective carrying out of this Act;

                (f) for the administration of the Nova Scotia School Book Bureau;

                (g) prescribing courses of study and authorizing learning materials for use
            in the public schools;

                (h) establishing a provincial policy respecting the discipline of students;

                (i) establishing a provincial policy respecting special-education
            programming and services;

                (j) respecting students who have been suspended;

                (k) prescribing an appeal process for where there is a disagreement
            between a school board and a parent of a child with special needs respecting the
            individualized program plan for that child;

                (l) prescribing the manner in which a school board is to report, as
            required by this Act, the salaries and expenses of members and employees of the
            school board;

                (m) prescribing the manner in which a school board is to identify public
            schools to be considered for permanent closing;

                (n) governing the permanent closing of a public school by a school board
            where the school board does not have a by-law governing such closing;

                (o) defining "permanent closing" for the purpose of clauses (m) and (n);

                (p) prescribing the public school program of education to be provided and
            administered by school boards;

                (q) for the support, conduct, operation and management of public schools
            and services;

                (r) respecting the Nova Scotia Teachers College;

                (s) respecting school advisory councils;

                (t) approving a financial management system respecting estimates,
            bookkeeping and accounting to be adopted by school boards, and the form of and
            the manner in which all estimates, books of account, registers, records, vouchers,
            receipts and other books and documents relating to the assets, liabilities, revenues
            and expenditures of school boards shall be kept, and the manner in which all funds
            and moneys thereof shall be accounted for.

            (2) The exercise by the Minister of the authority contained in subsection (1) is
regulations within the meaning of the Regulations Act.


         146    (1) The Governor in Council may make regulations

                (a) respecting the expenditure, by way of grants, of moneys from time to
            time appropriated by the Legislature for grants for educational purposes and
            prescribing the terms and conditions upon which such grants shall be paid;

                (b) respecting surplus operating funds of school boards;

                (c) prescribing or prohibiting the investment of money of school boards
            and prescribing investments or classes of investments in which such money may be
            invested for the sound and efficient management of any money of school boards;

                (d) respecting the construction, location and control of public school
            buildings;

                (e) respecting the classification of teachers and the granting, cancellation
            and suspension of teachers' certificates and permits;

                (f) requiring teachers and any other class or classes of employees of
            school boards or of persons providing services for school boards to undergo
            medical examinations, prescribing the nature of those examinations and the
            conditions under which they shall be given, and subject to the Health Act
            prescribing the conditions under which such teachers and employees may continue
            teaching or in employment in or in connection with public schools;

                (g) prescribing terms and conditions relating to cancellation, suspension
            or modification of contracts between teachers and school boards as a result of
            medical examinations made pursuant to the regulations;

                (h) prescribing the legal age limit for students and the conditions of
            satisfactory attendance for public schools;

                (i) prescribing the method for determining those who are entitled to
            receive a French-first-language program in the Province;

                (j) establishing procedures for determining the demand for French-first-language programs in the Province;

                (k) providing for the manner in which students may be transferred between
            a school of the Conseil acadien and a school of another school board;

                (l) providing for the sharing of enrolment information between the Conseil
            acadien and another school board;

                (m) providing for the method of determining the location of French-first-language program educational facilities;

                (n) providing for the conveyance of students, including the conveyance of
            students to facilities providing a French-first-language program;

                (o) generally providing for the provision and administration of French-first-language programs in the Province;

                (p) respecting such other matters as the Governor in Council deems
            necessary or advisable for French-first-language programs;

                (q) respecting home education programs including, without limiting the
            generality of the foregoing, the appointment of independent assessors;

                (r) respecting private schools;

                (s) respecting any matter that the Governor in Council may deem
            necessary or advisable to give effect to the designation of a school region or for the
            effective establishment and operation of all regional school boards or a particular
            regional school board;

                (t) determining the remuneration of and respecting the reimbursement for
            expenses of members of the Council on Mi'kmaq Education;

                (u) determining the remuneration of and respecting the reimbursement for
            expenses of members of the Council on African-Canadian Education;

                (v) prescribing the fees to be paid to the Minister and to the school board
            by foreign students;

                (w) prescribing the fees to be paid to the Minister for services rendered by
            the Department of Education and Culture;

                (x) setting the maximum percentage of the school board budget or the
            maximum amount that may be spent for non-instructional purposes;

                (y) respecting confidentiality of information held by a school board or a
            school with respect to students and the release of such information;

                (z) defining any word or expression used in this Act and not defined
            herein;

                (aa)    respecting any other matter the Governor in Council considers
            necessary or advisable to carry out effectively the intent and purpose of this Act.

            (2) The exercise by the Governor in Council of the authority contained in
subsection (1) is regulations within the meaning of the Regulations Act.


         147    Clause 3(h) of Chapter 155 of the Revised Statutes, 1989, the Executive Council Act,
is amended by adding "and Culture" immediately after "Education".


         148    Clause 2(d) of Chapter 299 of the Revised Statutes, 1989, the Municipal Conflict of
Interest Act, as amended by Chapter 6 of the Acts of 1991, is further amended by striking out
"pursuant to the School Boards" in the last line and substituting "under the Education".


         149    Section 5 of Chapter 299 is amended by adding immediately after subsection (2) the
following subsection:

            (3) This Act does not apply to a school board under the Education Act while it
         has in effect a by-law made pursuant to Section 47 of that Act.


         150    Subsection 2(2) of Chapter 300 of the Revised Statutes, 1989, the Municipal
Elections Act, as amended by Chapter 6 of the Acts of 1991, is further amended by striking out
"School Boards" and substituting "Education".


         151    Clause 2(f) of Chapter 376 of the Revised Statutes, 1989, the Public Service Act, is
amended by adding "and Culture" immediately after "Education".


         152    A reference in any Act of the Legislature or in any rule, order, regulation, by-law,
ordinance or proceeding or in any document whatsoever to the Department of Education or the
Minister or Deputy Minister of that Department, whether the reference is by official name or
otherwise, shall as regards any subsequent transaction, matter or thing be held and construed
to be a reference to the Department of Education and Culture or to the Minister or Deputy
Minister of that Department, respectively, where the reference relates to an affair, matter or
function that, by or pursuant to the Public Service Act or this Act, is assigned to the Department
of Education and Culture or to the Minister or Deputy Minister of that Department.


         153    Chapter 6 of the Acts of 1991, the School Boards Act, is repealed.


         154    Section 2 of Chapter 460 of the Revised Statutes, 1989, the Teachers' Collective
Bargaining Act, is amended by

            (a) adding "public" immediately after "any" in the first line of clause (n);

         and

            (b) striking out "district" in the third line of clause (o).


         155    (1) The former Act is repealed.

            (2) Notwithstanding subsection (1), the council of a municipality may levy an area
rate pursuant to the former Act where a school board requested the area rate before this Act
came into force.


         156    Effective August 1, 1996,

            (a) all boards of trustees under this Act are dissolved; and

            (b) the heading immediately preceding Section 94 and Sections 94 to 110 are
         repealed.


         157    For greater certainty, any regulation made pursuant to Chapter 6 of the Acts of
1991, the School Boards Act, or the former Act remain in force, in so far as they are not
inconsistent with this Act until others are made in their stead.


         158    This Act comes into force on and not before such day as the Governor in Council
declares by proclamation.