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Education Act (amended)

BILL NO. 79

(as introduced)

4th Session, 61st General Assembly
Nova Scotia
61 Elizabeth II, 2012



Government Bill



Education Act
(amended)



The Honourable Ramona Jennex
Minister of Education



First Reading: May 4, 2012

(Explanatory Notes)

Second Reading: May 7, 2012

Third Reading: May 11, 2012 (LINK TO BILL AS PASSED)

Explanatory Notes

Clause 1 amends the definition of "probationary contract" by removing the reference to a two-year term.

Clause 2 replaces an outdated reference to an "assistant superintendent" with "directors".

Clause 3

(a) permits a school board to extend a probationary contract for a third year; and

(b) permits a school board to extend a probationary contract for a second year for teachers who have had or are deemed to have had a permanent contract,

if the teacher has had fewer than a total of one hundred forty-five days taught or reckoned to be days taught during the school year.

Clause 4 permits a school board to terminate a probationary contract at the end of the third year.

An Act to Amend Chapter 1
of the Acts of 1995-96,
the Education Act

Be it enacted by the Governor and Assembly as follows:

1 Clause 3(1)(y) of Chapter 1 of the Acts of 1995-96, the Education Act, is amended by striking out "for a term of two years" in the fourth and last lines.

2(1) Subsection 10(2) of Chapter 1 is amended by striking out "each assistant superintendent" in the first and second lines and substituting "directors".

(2) Subsection 10(3) of Chapter 1 is amended by striking out "assistant superintendent" in the second line and substituting "director".

3(1) Subsection 32(1) of Chapter 1 is repealed and the following subsections substituted:

(1) Except as provided in subsections (3) and (4), a probationary contract in effect on or after November 10, 2011, is for two years, with the right of a school board to extend it at the end of the second year for a third year if, in the first or second year of the probationary contract, the teacher has had fewer than a total of one hundred forty-five days taught or reckoned to be days taught during the school year.

(1A) Except as provided in subsection (5), where the probationary contract of a teacher in effect on and after November 10, 2011, is not terminated as provided in this Act or the teacher is not suspended or discharged, the school board

(a) shall offer the teacher a permanent contract

(i) at the end of the second year of the probationary contract, if the teacher's probationary contract is not extended for a third year, or

(ii) at the end of the third year of the probationary contract, if the teacher is required to teach a third year; and

(b) may offer the teacher a permanent contract at the end of the first year of the probationary contract.

(2) Subsection 32(3) of Chapter 1 is amended by striking out "Any" and substituting "Subject to subsection (4), any".

(3) Section 32 of Chapter 1 is further amended by adding immediately after subsection (3) the following subsections:

(4) A probationary contract under subsection (3) in effect on or after November 10, 2011, may be extended by a school board for not more than one year if the teacher has had fewer than a total of one hundred forty-five days taught or reckoned to be days taught during the school year.

(5) Where the probationary contract of a teacher to which subsection (3) or (4) applies and that is in effect on and after November 10, 2011, is not terminated as provided in this Act or the teacher is not suspended or discharged, the school board

(a) shall offer the teacher a permanent contract at the end of the probationary year if the teacher's probationary contract is not extended for a second year; or

(b) at the end of the second year, if the teacher is required to teach a second year.

4 Clause 34(2)(a) of Chapter 1 is amended by striking out "or second" in the third and fourth lines and substituting ", second or third".

 


This page and its contents published by the Office of the Legislative Counsel, Nova Scotia House of Assembly, and © 2012 Crown in right of Nova Scotia. Created May 4, 2012. Send comments to legc.office@novascotia.ca.