Duties and powers
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;
(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;
(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;
(d) permit persons to offer religious studies in its schools in accordance with the policies of the school board.
(3A) An employment or personal-services contract entered into between a school board and senior staff, as defined in the regulations, of the school board has no effect until approved by the Minister.
(3B) A school board shall implement the administrative structure for senior staff, as defined in the regulations, of the school board in accordance with the administrative structure prescribed by the Minister in the regulations.
(3C) A school board shall establish a compensation framework for senior staff, as defined in the regulations, of the school board in accordance with the compensation framework established by the Minister in the regulations.
(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.
(5) A school board designated in the regulations shall share services and related resources as defined in the regulations with one or more school boards, at such time, in the manner and on the terms and conditions as prescribed in the regulations.
(6) A school board, in carrying out its responsibilities under this Act, shall meet education program, service and performance standards established by the Minister. 1995-96, c. 1, s. 64; 2002, c. 5, s. 9; 2004, c. 3, s. 17.
Commercial activity
64A A school board shall not engage in or carry out any commercial activity, including lending, without the approval of the Governor in Council. 2002, c. 5, s. 10.
Unauthorized activity
64B For greater certainty, a school board shall not engage in or carry out any activity that is outside the authority, powers, duties and responsibilities of the school board pursuant to this Act and the regulations. 2002, c. 5, s. 10 .
Report on salaries and expenses
65 (1) Within three months after the end of each fiscal year, commencing with the 2001-02 fiscal year, a school board shall publish, in the manner and form prescribed by the regulations, a report of all payments, including salaries and expenses, made to and all benefits conferred on members and employees of the school board during 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. 1995-96, c. 1, s. 65; 2002, c. 5, s. 11 .
Power to make certain agreements
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. 1995-96, c. 1, s. 66 .
Certain by-law making powers
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. 1995-96, c. 1, s. 67 .
Carrying out of responsibilities
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;
(aa) 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,
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. 1995-96, c. 1, s. 68; 2002, c. 5, s. 12; 2004, c. 3, s. 18 .
Volunteers
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. 1995-96, c. 1, s. 69 .
Prohibitions
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. 1995-96, c. 1, s. 70 .
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