(a) eight or more parents of students attending the public school;
(b) a home and school association, parent-teacher association or similar organization for the public school; or
(c) the principal of the public school,
requests, by a petition in writing to the school board, that a school advisory council be established for the school.
(2) A school board may establish one school advisory council for more than one school where requested by the persons referred to in clause (1)(a) for each school.
(3) Upon the establishment of a school advisory council for a school pursuant to subsection (1),
(a) subject to Section 21, the initial composition of the school advisory council shall be determined in the manner prescribed by the Minister; and
(b) the school advisory council, the school board and the Minister shall enter into an agreement setting out, subject to this Act, the composition and responsibilities of the school advisory council pursuant to Section 22 and additional advisory duties, if any.
(4) The school advisory council, the school board and the Minister may, from time to time, amend the agreement made pursuant to subsection (3).
(5) A school advisory council established pursuant to the former Act is continued in accordance with this Act and, for the purpose of this Act, is deemed to be established pursuant to this Act. 1995-96, c. 1, s. 20 .
Composition of Council
21 (1) A school advisory council for a public school shall have at least five and not more than eighteen members consisting of
(a) at least one parent of a child attending the school, elected by the parents of the children attending the school;
(b) where the school is a school with students in grade seven or a higher grade, at least two students attending the school, elected by the students attending the school;
(c) where the school is an elementary school, at least two students attending the school if the agreement made pursuant to subsection 20(3) so provides, elected by the students;
(d) at least one person from the teachers employed at the school, elected by the teachers, and at least one person from the support staff employed at the school, elected by the support staff;
(e) the principal of the school; and
(f) at least one representative of the community in which the school is situated, appointed by the school advisory council or, where the school advisory council so determines, elected by the community.
(2) Unless the agreement made pursuant to subsection 20(3) otherwise provides, a school advisory council shall not have more than one third of its members from any of the clauses referred to in subsection (1).
(3) A person shall not be a member of a school advisory council and a member of a school board for the school district or school region in which the school is situate.
(4) A principal is a non-voting member of a school advisory council unless the agreement otherwise provides.
(5) A vacancy on a school advisory council does not impair the authority of the remaining members to act. 1995-96, c. 1, s. 21.
Duties of council
22 A school advisory council for a public school shall
(a) after consultation with the staff of the school, develop and recommend to the school board a school improvement plan;
(b) prepare an annual report in such form and containing such information as the Minister determines;
(c) advise on the development of school policies that promote academic excellence and a positive learning environment;
(d) advise the principal and staff of the school on curriculum and programs, school practices, student discipline, fund-raising and parent-school communication and similar matters;
(e) advise the school board on curriculum and programs, student-support services, policy development, funding, communication strategies and similar matters;
(f) participate in the selection of the principal of the school by representation on the school board's selection committee;
(g) subject to the approval of the school board, make by-laws respecting the election of its members, the conduct of its meetings and the operation of the school advisory council; and
(h) perform such other duties and have such powers of the school board as the agreement made pursuant to subsection 20(3) provides and the Governor in Council transfers to the school advisory council pursuant to Section 23. 1995-96, c. 1, s. 22.
Transfers from school boards to councils
23 (1) The Governor in Council, on the recommendation of the Minister and in accordance with an agreement made pursuant to Section 20, may transfer duties and powers of a school board to a school advisory council for a public school and, upon such transfer, the school board ceases to have those powers and duties with respect to that school and those powers and duties are powers and duties of the school advisory council.
(2) Notwithstanding subsection (1), the power to hire, suspend, dismiss or discipline an employee of a school board shall not be transferred to a school advisory council. 1995-96, c. 1, s. 23.
Duties and rights
24 (1) It is the duty of a student to
(a) participate fully in learning opportunities;
(b) attend school regularly and punctually;
(c) contribute to an orderly and safe learning environment;
(d) respect the rights of others; and
(e) comply with the discipline policies of the school and the school board.
(2) Students are accountable to their teachers for their conduct while under their teachers' supervision.
(3) Students may participate in decisions that affect their schools through representation on school advisory councils or committees in accordance with school board policy.
(4) It is the right of students to be informed of their educational progress on a regular basis. 1995-96, c. 1, s. 24.
Duties and rights
25 (1) It is the duty of parents to
(a) support their children in achieving learning success;
(b) cause their children to attend school as required by the regulations;
(c) communicate regularly with their children's school;
(d) ensure the basic needs of their children are met, including ensuring that their children are well-nourished and well-rested when they go to school; and
(e) support their children's teachers in their efforts to provide an education for their children.
(2) Parents of students with special needs shall be afforded the opportunity to participate in the development of an individualized program for their children.
(a) the parent of a child with special needs does not agree with the individualized program plan that has been developed for that child; and
(b) the disagreement cannot be resolved by a school board appeal process,
the parent or the school board may initiate an appeal as prescribed by the regulations. 1995-96, c. 1, s. 25 .
Duties
26 (1) It is the duty of a teacher in a public school to
(a) respect the rights of students;
(b) teach diligently the subjects and courses of study prescribed by the regulations that are assigned to the teacher by the school board;
(c) implement teaching strategies that foster a positive learning environment aimed at helping students achieve learning outcomes;
(d) encourage students in the pursuit of learning;
(e) monitor the effectiveness of the teaching strategies by analyzing outcomes achieved;
(f) acknowledge and, to the extent reasonable, accommodate differences in learning styles;
(g) participate in individual-program planning and implement individual program plans, as required, for students with special needs;
(h) review regularly with students their learning expectations and progress;
(i) conduct such assessments and evaluations as are necessary to document student progress;
(j) administer such evaluation and assessment instruments as required by the school board or by the Minister;
(k) take all reasonable steps necessary to create and maintain an orderly and safe learning environment;
(l) maintain appropriate order and discipline in the school or room in the teacher's charge and report to the principal or other person in charge of the school the conduct of any student who is persistently defiant or disobedient;
(m) maintain an attitude of concern for the dignity and welfare of each student and encourage in each student an attitude of concern for the dignity and welfare of others and a respect for religion, morality, truth, justice, love of country, humanity, equality, industry, temperance and all other virtues;
(n) attend to the health, comfort and safety of the students;
(o) report immediately to the principal the existence of any infectious or contagious disease in the school or the existence of any unsanitary condition in the school buildings or surroundings, and perform such duties as are from time to time prescribed by or under the Health Protection Act;
(p) take all reasonable steps to secure full and regular attendance at school of the students under the teacher's supervision;
(q) keep accurate attendance records and report absent students to the principal as prescribed by the regulations;
(r) communicate regularly with parents in accordance with policies established by the school board;
(s) keep such records as are required by the school board or the Minister and permit the inspection of those records by the board, the superintendent or superintendent's representative, the principal, the supervisor and the Minister or Minister's representative or, upon their request, provide the records to them;
(t) assist in the development and implementation of the school improvement plan;
(u) maintain their professional competence;
(v) serve, to the extent reasonable, on committees established within the school to improve student achievement and success;
(w) implement programs and courses as prescribed by the public school program; and
(x) perform such other duties as are prescribed by this Act or the regulations.
(2) Teachers are accountable to the school board through the principals of their assigned schools with respect to the performance of their responsibilities. 1995-96, c. 1, s. 26; 2004, c. 4, s. 110 .
Powers of teacher
27 A teacher has general oversight and supervision over school premises during school hours and, subject to the authority of the school board and the principal, may exclude from those premises any person who is not a student enrolled in the school and disturbs the learning environment. 1995-96, c. 1, s. 27 .
Qualifications of teacher
28 Except as provided in this Act or the regulations, a school board shall not engage as a teacher or permit to teach in the public school a person who does not hold a teacher's certificate or permit under this Act. 1995-96, c. 1, s. 28 .
Effect of determination
29 (1) A determination pursuant to this Act or the former Act of the classification, re-classification, certificate or permit of a teacher, whether made before or after the coming into force of this Act, is final and binding.
(2) No determination pursuant to this Act or the former Act of the classification, re-classification, certificate or permit of a teacher, whether made before or after the coming into force of this Act, gives rise to any cause of action for damages, retroactive remuneration or other loss or damage of any kind.
(3) Notwithstanding subsection (2), retroactive remuneration may be paid to a teacher as the result of a re-classification in accordance with the terms of a professional agreement between the Minister and the Nova Scotia Teachers' Union setting out conditions with respect to the effective date of re-classification for salary purposes. 1995-96, c. 1, s. 29 .
Written contract
30 (1) When a school board that has authority to engage a teacher engages a teacher other than a substitute teacher, the board shall enter into a written contract with the teacher in such form as may be approved by the Minister.
(2) Notwithstanding any provision of this Act, or any contract or agreement between or governing a school board and a teacher,
(a) the date for a teacher giving notice of termination of the teacher's contract shall be deemed to be April 15th in the year in which the contract will be terminated after the school year;
(b) the date for a school board giving notice of termination of a teacher's contract shall be deemed to be May 15th in the year in which the contract will be terminated after the school year. 1995-96, c. 1, s. 30.
Teacher-training students
31 Every school board and every teacher employed by a school board shall admit to classrooms under the jurisdiction of the board students who are enrolled in a teacher training course approved by the Minister and the instructors of those students for the purpose of observation and teaching practice, and shall give them any assistance requested by the instructors. 1995-96, c. 1, s. 31.
Permanent and probationary contracts
32 (1) Where the probationary contract of a teacher is not terminated as provided in this Act or the teacher is not suspended or discharged, the school board shall offer the teacher a permanent contract at the end of the second year of the probationary contract and may offer the teacher a permanent contract at the end of the first year of the probationary contract.
(2) A teacher who has had a contract or contracts with a school board for more than two consecutive years, inclusive of the school year 1971-72, is deemed to have had a permanent contract.
(3) Any teacher, who during the school year 1971-72 or any school year thereafter has a permanent contract or is deemed to have had a permanent contract and is hired thereafter by any school board, may be hired by way of a probationary contract, which probationary contract shall not be for more than one year. 1995-96, c. 1, s. 32 .
Suspension of teacher
33 (1) A school board may suspend, for just cause, with or without loss of salary but without loss of other benefits, any teacher in its employ at any time for a reasonable period, and a written report stating the reason for the suspension shall be furnished to the teacher within seven days of the date of suspension.
(2) A school board may authorize the superintendent to suspend, for just cause, with or without loss of salary but without loss of other benefits, any teacher in its employ at any time for a period not exceeding ten days, and a written report shall be furnished to the school board, with a copy to the teacher, within seven days of the date of suspension.
(3) A teacher who has been suspended shall
(a) be given written notice of the complaint against the teacher upon which the suspension of contract is based by the school board within seven days of the date of suspension; and
(b) be given an opportunity to appear before the school board, in person, with or without counsel, to make answer to the matters in the complaint within fourteen days of delivery of the notice of complaint.
(4) Within ten days of any appearance pursuant to clause (3)(b), or where there is no such appearance within twenty days of the giving of written notice pursuant to clause (3)(a), the school board shall confirm, vary or revoke the suspension of the teacher and, where the suspension is revoked, it is deemed not to have taken place.
(5) Notwithstanding subsection (1) or (2), no salary shall be deducted from a teacher until the suspension is confirmed or varied and in such case, where the suspension as confirmed or varied is with loss of salary, the school board shall deduct from the salary of the teacher an amount equivalent to the salary paid to the teacher for the suspension period prior to the confirmation or variation. 1995-96, c. 1, s. 33 .
Termination of teacher
34 (1) A school board may, at any time for just cause, by notice in writing, discharge any teacher in its employ.
(a) by notice in writing given to the teacher not later than May 15th, terminate a probationary contract at the end of the first or second year;
(b) by notice in writing given to the teacher not later than May 15th, terminate a permanent contract at the end of the school year
- (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. 1995-96, c. 1, s. 34.
Power to vary or revoke
35 A school board may, at any time prior to the constitution of a board of appeal pursuant to subsection 36(2), vary or revoke the discharge or termination of contract of the teacher and, when the discharge or termination is revoked, it is deemed not to have taken place. 1995-96, c. 1, s. 35 .
Revocation of termination at end of 1999-2000
35A The termination, for other than just cause, of a teacher's contract at the end of the 1999-2000 school academic year by notice given before May 16, 2000, is revoked and the termination is deemed not to have taken place. 2000, c. 11, s. 6 .
Appeals
36 (1) A teacher who is suspended or discharged, or whose permanent contract is terminated, may appeal the suspension or discharge or termination by giving written notice of appeal to the school board and the Minister within twenty days of
(a) any confirmation or variation of the suspension pursuant to subsection 33(4); or
(b) any discharge or termination of contract.
(2) When a notice of appeal is given pursuant to subsection (1), a board of appeal, composed of one person, shall be appointed by the Minister.
(3) The board of appeal has the powers of a commissioner appointed under the Public Inquiries Act and shall inquire into the suspension, discharge or termination of a contract and, after hearing the teacher and the school board, make an order confirming, varying or revoking the suspension or discharge or confirming or revoking the termination of contract.
(4) An order made by a board of appeal shall be final and binding upon the teacher and the school board and a copy of the order and a copy of any decision, reasons or report shall be transmitted forthwith by the board of appeal to the teacher, the school board and the Minister.
(5) Nothing in this Section prevents a board of appeal from attempting to effect a settlement of the differences between the teacher and the school board and the term of any settlement agreed upon by the teacher and the school board is final and binding.
(6) One half of the costs, expenses and fees of the board of appeal shall be paid by the teacher and the other half by the school board.
(7) Notwithstanding any other enactment or agreement, the costs of the board of appeal shall not be included in any calculation for the purpose of determining financial assistance to the school board by the Province. 1995-96, c. 1, s. 36 .
Rights of teacher preserved
37 Nothing in this Act prevents a teacher from terminating a contract in accordance with the terms and conditions of the contract or in accordance with any method permitted by law. 1995-96, c. 1, s. 37 .
Function and duties
38 (1) The principal of a public school is the educational leader of the school and has overall responsibility for the school, including teachers and other staff.
(2) It is the duty of a principal to
(a) ensure that the public school program and curricula are implemented;
(b) keep attendance records respecting every student enrolled at the school and report thereon to the school board, as required by the school board;
(c) take all reasonable steps to secure full and regular attendance at school of the students enrolled in the school in accordance with policies established by the school board;
(d) communicate regularly with the parents of the students;
(e) ensure that reasonable steps are taken to create and maintain a safe, orderly, positive and effective learning environment;
(f) ensure that provincial and school board policies are followed;
(g) identify the staffing needs of the school;
(h) assist the school board with the selection of staff for the school;
(i) evaluate the performance of teachers and other staff of the school;
(j) assist the school board in the development and implementation of professional-development programs;
(k) encourage teachers and other staff of the school, students and parents to participate in school decision-making through representation on school advisory councils and committees;
(l) participate in the establishment and operation of a school council;
(m) assist the school advisory council in the development of school improvement plans and, upon approval by the school board, co-ordinate their implementation;
(n) assist the school advisory council in the preparation of its annual report;
(o) account to the school board for money received from the school board or any other source;
(p) account to the school board, through the superintendent, for the performance of the school;
(q) co-operate with the staff of other departments and agencies of the Government to better meet the needs of the students in the school; and
(r) perform such other duties as are prescribed by this Act or the regulations or assigned by the superintendent. 1995-96, c. 1, s. 38 .
Function and duties
39 (1) A superintendent is accountable to the school board and has overall responsibility for
(a) the efficient operation of the school board office and the public schools in the school district or school region; and
(b) the supervision of all employees of the school board.
(2) It is the duty of a superintendent to
(a) administer and evaluate the programs offered by the school board;
(b) conduct, or cause to be conducted, an annual performance appraisal of every principal, every vice-principal and all other staff employed by the school board;
(c) provide centralized management of services for public schools that are most efficiently provided on a school district-wide or school region-wide basis;
(d) oversee the carrying out of the Minister's and the school board's policies and report annually to the school board on the carrying out of those policies;
(e) monitor public-school improvement plans, the annual reports of school advisory councils and annually report to the school board on their status;
(f) ensure that resources are distributed to public schools in accordance with school board policies and guidelines;
(g) maintain a safe, orderly and supportive learning environment in all schools in the school district or school region;
(h) provide leadership in the school district or school region in promoting quality education, enhanced community involvement and the efficient delivery of services;
(i) assist principals in efficient and effective management and decision-making at the school level;
(j) work with principals to ensure that students and schools meet the expectations of the school program;
(k) co-operate with the Minister and other departments and agencies of the Government to ensure the effective and efficient carrying out of this Act and the regulations;
(l) operate and maintain buildings, equipment, supplies and student conveyance under the jurisdiction of the school board;
(m) report to the school board as requested by the school board; and
(n) perform such other duties as are prescribed by this Act or the regulations or assigned by the school board.
(3) A superintendent is accountable to the school board for the educational performance of the students and schools in the school district or school region and shall report to the school board annually on such performance. 1995-96, c. 1, s. 39 .
Duties
40 (1) It is the duty of a support staff member to
(a) support students in their participation in school activities;
(b) maintain an attitude of concern for the dignity and welfare of each student;
(c) co-operate with the school board, superintendent, principal, teachers, students and other staff members to maintain an orderly, safe and supportive learning environment;
(d) respect the rights of students;
(e) participate in staff-development opportunities identified by the person to whom the staff member reports, if requested to do so; and
(f) subject to any applicable collective agreement in effect when this Act comes into force, perform such other duties as are assigned by the school board, the superintendent or the principal.
(2) Every support staff member is accountable to the principal or other person designated by the school board.
(3) Where a district school board has been established by this Act or the regulations, then, so long as the district school board continues, in the school region in which the district school board is established,
(a) a reference to the school board and the superintendent in clause (1)(c) shall be read as a reference to the Minister, the regional school board, the district school board and the director of education;
(b) a reference to the school board, the superintendent or the principal in clause (1)(f) shall be read as a reference to the regional school board; and
(c) every support staff member, other than a teacher assistant, is accountable to the regional school board and subsection (2) does not apply. 1995-96, c. 1, s. 40; 2000, c. 11, s. 8.
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