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Supporting All Students' Success in the Classroom Act

BILL NO. 21

(as introduced)

5th Session, 61st General Assembly
Nova Scotia
62 Elizabeth II, 2013



Private Member's Bill



Supporting All Students' Success in the Classroom Act



The Honourable Stephen McNeil
Annapolis



First Reading: March 28, 2013

Second Reading:

Third Reading:

An Act to Ensure Appropriate
Supports in the Classroom
for Children with Special Needs

Be it enacted by the Governor and Assembly as follows:

1 This Act may be cited as the Supporting All Students' Success in the Classroom Act.

2 In this Act,

(a) "Estimates" has the same meaning as in the Finance Act;

(b) "Minister" means the Minister of Education;

(c) "public school" means a public school maintained and conducted under the Education Act;

(d) "public school program" means the public school program of education prescribed by the regulations made pursuant to the Education Act;

(e) "school board" means a regional school board or the Conseil scolaire acadien provincial;

(f) "school region" means the area over which a regional school board or the Conseil scolaire acadien provincial exercises jurisdiction.

3 (1) For every fiscal year, a school board shall require that each public school within the school region

(a) complete a review of the resources assigned to that public school for the purpose of fulfilling students' special education needs in accordance with the guidelines set out in the public school program;

(b) identify any deficiencies or surpluses in the resources assigned based on the special education needs of the public school's students; and

(c) submit a report summarizing the findings of the review to the school board no later than January 31st in that fiscal year .

(2) A school board shall collect and compile the reports submitted by each public school within the school region pursuant to subsection (1) and submit the compiled reports to the Minister no later than March 1st in that fiscal year.

4 (1) Upon receiving the compiled reports submitted by a school board pursuant to subsection 3(2), the Minister shall, for each public school,

(a) where the public school has identified a deficiency in the resources assigned to that public school for the purpose of fulfilling students' special education needs, increase, subject to Section 6 and to the extent that the Minister considers appropriate, the funds allocated to the school board in the school region in which the public school is located; and

(b) where the public school has identified a surplus in the resources assigned to that public school for the purpose of fulfilling students' special education needs, decrease, by the amount of the identified surplus, the funds allocated to the school board in the school region in which the public school is located.

(2) The Minister shall take the actions specified by subsection (1) no later than the day on which the Minister of Finance tables the Estimates for the next fiscal year in the House of Assembly.

(3) Where the Minister increases the funds allocated to a school board in respect of a public school in the school region by an amount less than the deficiency identified by that public school pursuant to clause 3(1)(b), the Minister shall provide written reasons to the school board and to the public school explaining why the funds allocated were not increased by the full amount of the deficiency identified by the public school.

(4) The Minister shall provide the written reason referred to in subsection (3) within 15 days of day on which the Minister of Finance tables the Estimates for the next fiscal year in the House of Assembly.

5 A school board shall direct any additional funds received under subsection 4(1) for the sole purpose of fulfilling students' special education needs in accordance with the guidelines set out in the public school program in those public schools within the school region that identified, pursuant to clause 3(1)(b), a deficiency in the resources assigned to that public school.

6 The money required for the purpose of this Act must be paid out of money appropriated for that purpose by the Legislature.

 


This page and its contents published by the Office of the Legislative Counsel, Nova Scotia House of Assembly, and © 2013 Crown in right of Nova Scotia. Created March 28, 2013. Send comments to legc.office@novascotia.ca.