CHAPTER 1
OF THE
ACTS OF 1995-96
WHEREAS the education system of Nova Scotia is of vital importance to the future of Nova Scotia;
(b) "Conseil acadien" means the Conseil scolaire acadien provincial established by this Act;
(d) "district school board" means a district school board established by or pursuant to this Act;
(e) repealed 2000, c. 11, s. 1.
(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,
(m) "Labour Relations Board" means the Labour Relations Board (Nova Scotia);
(p) "Minister" means the Minister of Education;
(q) "Mi'kmaq" means all first-nations people, whether living on or off a reserve;
(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;
(ah) "superintendent" means the superintendent of schools appointed for a school region;
(aj) "teacher" means a person who
(al) "Utility and Review Board" means the Nova Scotia Utility and Review Board.
5 (1) All public schools established or conducted pursuant to this Act are free schools.
7 (1) The Governor in Council may designate a geographic area of the Province as a school region.
(4) The Governor in Council may alter the boundaries of a school region.
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
(a) Section 23 of that Act does not apply;
(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.
10 (1) There shall be a superintendent for each regional school board and the Conseil acadien.
(3) No person referred to in subsection (1) has a cause of action with respect to the revocation of that person's appointment pursuant to subsection (1). 2004, c. 3, s. 16.
(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;
(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;
(g) the Conseil acadien is a successor employer for the purpose of the Pension Benefits Act;
(j) Sections 9 and 10 apply mutatis mutandis. 1995-96, c. 1, s. 11 .
(2A) For greater certainty, an entitled person who votes in an election for either the Conseil acadien or for another school board may vote for either the Conseil acadien or for another school board in a special election that follows the election.
(3) Notwithstanding the Municipal Elections Act,
(a) for greater certainty, only entitled persons may be members of the Conseil acadien;
(b) only an entitled person may nominate a candidate for election as a member of the Conseil acadien and a person nominating such a candidate shall be required to sign a statement stating that person's status as an entitled person, in a form prescribed pursuant to the Municipal Elections Act;
(c) a person applying to vote in an election for the Conseil acadien shall not be required to take an oath or make an affirmation attesting to that person's status as an entitled person but shall be required to confirm the person's status as an entitled person as defined in the Education Act and, where a person wishes to provide the confirmation, the person may provide the confirmation by requesting the ballot to vote for the Conseil acadien and that request constitutes the confirmation;
(d) where a person votes in an election for the Conseil acadien, that fact shall be entered in the poll book in the manner prescribed by or pursuant to the Municipal Elections Act;
(e) for greater certainty, the Minister of Housing and Municipal Affairs may, pursuant to that Act, prescribe or alter any forms under that Act for the purpose of this Section; and
(f) the Municipal Elections Officer may give such directions as may be necessary for the purpose of this Section.
(3A) A returning officer shall accept
(b) a statement signed pursuant to clause (3)(b),
as sufficient evidence that the candidate or person is an entitled person.
(5) Commencing with the first election of the members of the Conseil acadien,
(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.
(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,
(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;
(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
(a) promote and distribute information about the French-first-language program;
(b) include in its learning materials information about the Acadian culture; and
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;
(c) the principal of the public school,
(3) Upon the establishment of a school advisory council for a school pursuant to subsection (1),
(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.
(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
(5) A vacancy on a school advisory council does not impair the authority of the remaining members to act. 1995-96, c. 1, s. 21.
22 A school advisory council for a public school shall
(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
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.
(4) It is the right of students to be informed of their educational progress on a regular basis. 1995-96, c. 1, s. 24.
25 (1) It is the duty of parents to
(a) support their children in achieving learning success;
(b) cause their children to attend school as required by the regulations;
(c) communicate regularly with their children's school;
(e) support their children's teachers in their efforts to provide an education for their children.
(b) the disagreement cannot be resolved by a school board appeal process,
26 (1) It is the duty of a teacher in a public school to
(a) respect the rights of students;
(b) teach diligently the subjects and courses of study prescribed by the regulations that are assigned to the teacher by the school board;
(c) implement teaching strategies that foster a positive learning environment aimed at helping students achieve learning outcomes;
(d) encourage students in the pursuit of learning;
(e) monitor the effectiveness of the teaching strategies by analyzing outcomes achieved;
(f) acknowledge and, to the extent reasonable, accommodate differences in learning styles;
(g) participate in individual-program planning and implement individual program plans, as required, for students with special needs;
(h) review regularly with students their learning expectations and progress;
(i) conduct such assessments and evaluations as are necessary to document student progress;
(j) administer such evaluation and assessment instruments as required by the school board or by the Minister;
(k) take all reasonable steps necessary to create and maintain an orderly and safe learning environment;
(l) maintain appropriate order and discipline in the school or room in the teacher's charge and report to the principal or other person in charge of the school the conduct of any student who is persistently defiant or disobedient;
(m) maintain an attitude of concern for the dignity and welfare of each student and encourage in each student an attitude of concern for the dignity and welfare of others and a respect for religion, morality, truth, justice, love of country, humanity, equality, industry, temperance and all other virtues;
(n) attend to the health, comfort and safety of the students;
(o) report immediately to the principal the existence of any infectious or contagious disease in the school or the existence of any unsanitary condition in the school buildings or surroundings, and perform such duties as are from time to time prescribed by or under the Health Protection Act;
(p) take all reasonable steps to secure full and regular attendance at school of the students under the teacher's supervision;
(q) keep accurate attendance records and report absent students to the principal as prescribed by the regulations;
(r) communicate regularly with parents in accordance with policies established by the school board;
(s) keep such records as are required by the school board or the Minister and permit the inspection of those records by the board, the superintendent or superintendent's representative, the principal, the supervisor and the Minister or Minister's representative or, upon their request, provide the records to them;
(t) assist in the development and implementation of the school improvement plan;
(u) maintain their professional competence;
(v) serve, to the extent reasonable, on committees established within the school to improve student achievement and success;
(w) implement programs and courses as prescribed by the public school program; and
(x) perform such other duties as are prescribed by this Act or the regulations.
(2) Notwithstanding any provision of this Act, or any contract or agreement between or governing a school board and a teacher,
(3) A school board shall not terminate a probationary contract pursuant to clause (2)(a) until
(a) any confirmation or variation of the suspension pursuant to subsection 33(4); or
(2) It is the duty of a principal to
(a) ensure that the public school program and curricula are implemented;
(b) keep attendance records respecting every student enrolled at the school and report thereon to the school board, as required by the school board;
(c) take all reasonable steps to secure full and regular attendance at school of the students enrolled in the school in accordance with policies established by the school board;
(d) communicate regularly with the parents of the students;
(e) ensure that reasonable steps are taken to create and maintain a safe, orderly, positive and effective learning environment;
(f) ensure that provincial and school board policies are followed;
(g) identify the staffing needs of the school;
(h) assist the school board with the selection of staff for the school;
(i) evaluate the performance of teachers and other staff of the school;
(j) assist the school board in the development and implementation of professional-development programs;
(k) encourage teachers and other staff of the school, students and parents to participate in school decision-making through representation on school advisory councils and committees;
(l) participate in the establishment and operation of a school council;
(m) assist the school advisory council in the development of school improvement plans and, upon approval by the school board, co-ordinate their implementation;
(n) assist the school advisory council in the preparation of its annual report;
(o) account to the school board for money received from the school board or any other source;
(p) account to the school board, through the superintendent, for the performance of the school;
(q) co-operate with the staff of other departments and agencies of the Government to better meet the needs of the students in the school; and
(r) perform such other duties as are prescribed by this Act or the regulations or assigned by the superintendent. 1995-96, c. 1, s. 38 .
39 (1) A superintendent is accountable to the school board and has overall responsibility for
(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;
(i) assist principals in efficient and effective management and decision-making at the school level;
(m) report to the school board as requested by the school board; and
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;
(d) respect the rights of students;
(b) a reference to the school board, the superintendent or the principal in clause (1)(f) shall be read as a reference to the regional school board; and
(c) every support staff member, other than a teacher assistant, is accountable to the regional school board and subsection (2) does not apply. 1995-96, c. 1, s. 40; 2000, c. 11, s. 8.
(3) Subsection (2) has effect on and after October 16, 1995.
(6) Subsection (5) has effect on and after January 29, 1996.
(a) "African Nova Scotian" means a person who is African Nova Scotian or a black person;
(i) an African Nova Scotian, or
(ii) the parent of an African Nova Scotian.
(2) This Section does not apply with respect to the Conseil acadien.
(5) Notwithstanding the Municipal Elections Act,
(i) an African Nova Scotian, and
(ii) qualified to be a candidate for election to a school board,
is qualified to be a candidate for election as the African Nova Scotian member of a school board;
(6) A returning officer shall accept
(10) A qualified African Nova Scotian elector may vote in a school board election for either
(a) a candidate for election as the African Nova Scotian member of the school board; or
(c) distribution of the school-age population;
(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.
(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 or the day of appointment, and continues to so reside; and
(c) repealed 1998, c. 18, s. 555.
(d) is not disqualified pursuant to this Act.
(2) No person is qualified to be nominated or to serve as a member of a school board who
(a) is a member of the House of Commons or Senate of Canada;
(b) is a member of the House of Assembly;
(c) is a member of another school board;
(d) is a judge of the Nova Scotia Court of Appeal, the Supreme Court of Nova Scotia or the Provincial Court of Nova Scotia;
(e) would be a member of a school board and a member of the council of a municipality at the same time;
(f) accepts or holds office or employment in the service of the school board;
(g) repealed 2003, c. 9, s. 46.
(h) has been convicted of any corrupt practice or bribery contrary to the Municipal Elections Act within the ten years preceding nomination day; or
(3) A member of a school board, if otherwise qualified, is eligible for re-election.
47A Any member of a school board who is convicted of
(b) a child-related offence designated in the regulations,
ceases to be a member of the school board. 2005, c. 16, s. 2.
(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
(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.
49 (1) In this Section, "election" includes a special election.
(2) A voter shall cast only one vote for the election of a member of a school board at an election. 2003, c. 9, s. 48.
(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.
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;
51A (1) A vacancy in the seat of a member of a school board occurring within six months of the next regularly scheduled election for school board members shall not be filled.
(2) A vacancy in the seat of a member of a school board occurring within two years but not within six months of the next regularly scheduled election for school board members shall, following such consultation as the Minister considers appropriate, be filled by the Minister with a person qualified to be elected to that position.
(3) A vacancy in the seat of a member of a school board occurring more than two years before the next regularly scheduled election for school board members shall be filled by special election pursuant to the Municipal Elections Act. 2008, c. 54, s. 4.
52A (1) Where a school board determines that a member has not complied with the school board's code of ethics, the school board may censure a member of the school board by
(a) issuing a public reprimand by motion at an open meeting of the school board;
(b) revoking the member's right to sit as a member for one to three months;
(c) suspending the member from the school board, including the suspension of all the member's rights, duties and privileges as a member of the school board, for from one to three months; or
(d) recommending to the Minister that the member's seat be vacated.
( 2 ) Where a member of a school board is censured pursuant to this Section, the member may appeal to a single adjudicator appointed by the Minister and the adjudicator may set aside or vary the censure as the adjudicator considers appropriate. 2008, c. 54, s. 6.
52B (1) Where pursuant to Section 52A the school board recommends to the Minister that the seat of a member of the school board be vacated, the Minister may , subject to subsection (2), vacate the member's seat.
(2) Where an appeal pursuant to subsection 52A(2) is in respect of censure pursuant to clause 52A(1)(d), no action to fill the vacancy may be taken before the adjudicator has rendered a decision and notified the Minister, the school board and the member of the decision.
(3) Where the Minister considers it necessary for a member of a school board to be censured and the school board fails to censure the member or to censure the member appropriately, the Minister may
(a) direct the school board to censure the member pursuant to clause 52A (1)(a), (b) or (c) as the Minister considers appropriate ; or
(4) Where the Minister directs a school board to censure a member pursuant to clause (3)(a), the school board shall comply with the Minister's direction. 2008, c. 54, s. 6.
54 (1) In this Section, "Association" means the Nova Scotia School Boards Association.
56 (1) The term of office of the chair and of the vice-chair is one year and they may be re-elected.
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) repealed 2008, c. 54, s. 9.
(c) provide for standing and special committees of the school board.
(1A) A school board shall, by by-law and in accordance with the regulations, regulate its proceedings and provide for preserving order at its meetings.
(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.
(2) The secretary and the treasurer of the school board shall perform such duties as are assigned by the school board.
(3) The secretary and the treasurer of the school board shall, before entering upon or continuing to perform the duties of their offices, give security in the form of a bond or policy of a guarantee company, approved by the Governor in Council pursuant to the Sureties Act, in such amount as is prescribed by the school board, but in no case less than the amount of one hundred thousand dollars. 1995-96, c. 1, s. 61 .
(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
(b) the school board has approved the destruction of the records referred to in the certificate. 1995-96, c. 1, s. 63 .
(2) A school board shall, in accordance with this Act and the regulations,
(b) ensure that its schools adhere to the provincial program of studies;
(c) promote excellence in education;
(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;
(j) provide regional services to assist public schools;
(l) hire and pay the superintendent, principals, teachers and other staff;
(n) identify staff-development needs;
(p) establish an attendance committee to monitor attendance and carry out school board policies in respect of the absenteeism of students in the schools;
(q) take remedial steps, in accordance with school board policy, in respect of those students who have been reported to the school board by a principal as being habitually absent from the school without acceptable excuse;
(r) establish a regional student-discipline policy consistent with the Provincial discipline policy established by the Minister;
(s) develop policies and implement programs consistent with the Minister's policies and guidelines respecting students who have been suspended for more than five days or expelled from school;
(t) establish a policy for the protection of students and employees from harassment and abuse;
(u) develop other regional policies, consistent with any policies established by the Minister, that reflect the board's responsibilities, including policies with respect to staffing, student-support services, programs, school-based fund-raising and transportation;
(v) develop regional strategic and business plans;
(w) enter into an agreement, with a school advisory council and the Minister, determining the composition and responsibilities of the school advisory council;
(x) encourage the development of school advisory councils within its school district or school region;
(y) provide leadership training for members of school advisory councils;
(z) approve school-improvement plans and the annual report submitted by the school advisory council;
(aa) consult with school advisory councils with respect to matters assigned to school advisory councils pursuant to this Act;
(ab) provide for the effective and efficient management of the financial affairs of the board;
(ac) supervise capital expenditures;
(ad) provide and pay for adequate equipment and furnishings for public schools and the maintenance and operation of equipment, furnishings and school buildings;
(ae) manage, maintain, repair and keep safe all real and personal property owned, leased or used by the board;
(af) insure, in amounts agreed upon by the Minister, all buildings and personal property owned by the school board;
(ag) pay its own administration costs including, without limiting the generality of the foregoing, the provision of office space, supplies and equipment, payments to auditors and board members, and the enforcement of this Act;
(ah) provide the sums required to pay the cost of arbitration boards appointed pursuant to the provisions of the Teachers' Collective Bargaining Act and to implement the awards of such boards;
(ai) designate persons to execute agreements on behalf of the school board;
(aj) establish a public tendering and procurement policy, consistent with the Atlantic Provinces Procurement Agreement or similar or successor agreement;
(ak) with the approval of the Minister, enter into agreements with municipalities for the purpose of carrying out this Act and the regulations;
(al) co-operate with other school boards and Government departments and agencies to ensure the effective and efficient carrying out of this Act and the regulations;
(ala) establish a school board conflict of interest policy for school board staff consistent with the Provincial conflict of interest policy for school board staff established by the Minister in the regulations;
(alb) adopt a code of ethics in accordance with the regulations;
(am) submit to the Minister an annual report containing such information as is required by the Minister; and
(an) perform such other duties requested by or delegated to it by the Minister or required to carry out its responsibilities under this Act.
(a) provide such courses as are approved by the Minister;
(b) provide such additional services and benefits as the school board may consider desirable;
(c) enter into agreements, including tuition agreements, for the provision of services and benefits;
64D On and after September 1, 2009, a school board shall, in accordance with this Act and the regulations, provide for the supervision of students at a public school during the student's lunch break at no cost to the student. 2008, c. 53, s. 3.
(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).
(2) Where, in the opinion of the Minister,
(aa) a school board has failed to censure a member of a school board as directed by the Minister;
(ab) a school board has failed to meet the standards referred to in subsection 64(6); or
(b) the school board has failed to comply with a request of the Minister to take corrective action,
(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.
(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).
(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. 1995-96, c. 1, s. 74.
(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
to the extent that the amount has been approved by the municipalities.
(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) fails to provide and administer any part of the public school program that is required to be provided under this Act and the regulations;
(c) fails to pay its minimum municipal contribution to the school board. 1995-96, c. 1, s. 79.
(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;
(ba) those matters that are required to be published pursuant to subsection 65(1);
(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.
(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;
(a) the audited financial statements for the preceding fiscal year;
87 (1) For the purpose of establishing, maintaining and operating public schools, a school board may
(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.
(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.
(a) in the event of the sale of such property; or
(b) in the event of partial or complete destruction of the property,
89 (1) A school board may identify a public school under its jurisdiction for review.
(2) Identification of a public school for review must be in accordance with the criteria set out in the regulations.
(3) Upon identifying a public school for review, the school board shall prepare and make available to the public a report in accordance with the regulations.
(4) Before making any decision respecting a public school that is the subject of a report pursuant to subsection (3), the school board shall, in accordance with the regulations, establish a study committee to review and respond to the report.
(5) Following its receipt of a response from the study committee, the school board shall
89A Following its compliance with the procedure outlined in Section 89, the school board may
(b) consolidate the school, or a part of the school, with another public school;
(c) permanently close the public school; or
(d) make any other decision authorized by the regulations. 2007, c. 15, s. 1.
(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
(4) Each trustee holds office for a term of three years and may be re-elected.
(5) The board of trustees shall
(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;
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. 1995-96, c. 1, s. 98 .
(2) The chair shall decide all questions of order and shall take the votes of the residents.
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
(c) has ceased to reside in the section;
(d) has been continuously absent from the section for more than six months;
(f) is disabled from transacting business. 1995-96, c. 1, s. 102.
107 The secretary under the direction and supervision of a majority of the trustees shall
(b) generally transact any business directed by resolution of the trustees. 1995-96, c. 1, s. 107 .
(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. 1995-96, c. 1, s. 108 .
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. 1995-96, c. 1, s. 113.
116 The attendance committee of the school board shall
(a) monitor the attendance of students in schools in the district or region;
(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).
(a) dismiss the principal's recommendation; or
(b) extend the suspension of the student for a period of greater than five school days.
(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.
(8) The school board shall, upon receipt of a notice of appeal pursuant to subsection (7)
(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) 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
(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.
(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.
(a) the child is making reasonable educational progress;
(b) the home education program is adequately addressing the child's needs; and
(a) the home education program does not meet the requirements of this Act and the regulations; or
(2) Before making a determination pursuant to subsection (1), the Minister shall
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
(3) A private school may offer a religious-based curriculum. 1995-96, c. 1, s. 131.
(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
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) 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,
137 (1) There is hereby established a Council on Mi'kmaq Education.
(b) perform such other duties 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.
(a) provide and implement programs and policies promoting Mi'kmaq education; and
139 (1) There is hereby established a Council on African-Canadian Education.
(b) perform such other duties 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.
(a) provide and implement programs and policies promoting African-Canadian education; and
(b) prescribe the conditions of graduation 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;
(2) A regional education officer shall
(a) act as an educational adviser to one or more school boards;
(c) promote the advancement of education by holding public meetings; and
(d) perform such other duties as the Minister determines. 1995-96, c. 1, s. 142 .
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;
(ka) defining "senior staff" for the purpose of subsections 64(3A), (3B) and (3C);
(kb) respecting an administrative structure and a compensation framework for the purpose of subsections 64(3B) and (3C);
(l) prescribing the manner and form in which a school board is to report, as required by this Act, the payments, including salaries and expenses, made to and benefits conferred on members and employees of the school board;
(m) respecting the review of public schools including, without limiting the generality of the foregoing,
(ii) respecting reports by school boards upon identifying a public school for review,
(iii) respecting study committees established to review and respond to the reports,
(iv) respecting the making public of the responses of study committees,
(v) respecting public meetings to be held by school boards with respect to school reviews,
(o) defining "permanently close" for the purpose of Section 89A;
(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;
(sa) establishing a Provincial conflict of interest policy for school board staff;
(sb) prescribing the oath of office to be taken by the members of a school board;
(sc) prescribing the mandatory content of a code of ethics adopted by a school board;
(sd) respecting the appointment of adjudicators to hear appeals from a decision of a school board to censure a member of the school board;
(se) prescribing the mandatory content of a procedural by-law respecting the conduct of meetings of a school board;
146 (1) The Governor in Council may make regulations
(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;
(ca) respecting the composition of an audit committee of a school board and the terms of reference of that committee;
(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, and requiring the collection and payment of fees respecting initial certificates, duplicate certificates and renewal certificates and higher classes of certificates and statements of professional standing;
(ea) prescribing restrictions or conditions on a teacher's certificate or a teaching permit;
(eb) authorizing the holder of a teacher's certificate or a teaching permit to surrender the certificate or teaching permit;
(ec) respecting the reporting of the suspension or cancellation of, or restrictions or conditions on, a teacher's certificate or a teaching permit to school boards in the Province and teacher certification authorities within and outside Canada;
(ed) respecting the disclosure of information pertaining to the suspension or cancellation of, or restrictions or conditions on, a teacher's certificate or teaching permit;
(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 Protection 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;
(x) setting the maximum percentage of the school board budget or the maximum amount that may be spent for non-instructional purposes;
(xa) respecting students with special needs attending approved special education private schools, including
(ii) determining eligibility requirements of students,
(iii) approving special education private schools,
(iv) the monitoring of approved special education private schools,
(v) the funding with respect to students with special needs attending approved special education private schools, including grants or funding based on income,
(vii) the appointment and remuneration of a person to approve applications for funding referred to in subclause (v),
(ix) authorizing the Minister to perform the functions referred to in subclauses (i) to (viii);
(xc) for the purpose of subsection 64(5);
(y) respecting confidentiality of information held by a school board or a school with respect to students and the release of such information;
(ya) respecting any matter, including the modification, restriction or enlargement of words, expressions or provisions, that the Governor in Council may deem necessary or advisable to give effect to the establishment and operation of district school boards or a particular district school board;
(yb) prescribing additional duties of a director of education of a district school board;
(yc) repealed 2008, c. 53, s. 4.
(yd) designating a school region and a regional school board or the Conseil acadien for the purpose of Section 10J and determining the extent and terms and conditions upon which Sections 10A to 10I apply in each case;
(ye) determining which provisions of this Act apply to any school board designated pursuant to clause (yd), and which provisions apply to the district school boards, or to both;
(yf) designating a child-related offence for purpose of clause 47A(b).[;]
(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.
153 Chapter 6 of the Acts of 1991, the School Boards Act, is repealed. 1995-96, c. 1, s. 153.
