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Tuesday, March 4, 2008

school attendence

Persons required to attend

111 Subject to the regulations, every resident of the Province over the age of five years and under the age of sixteen years shall attend school in accordance with the regulations. 1995-96, c. 1, s. 111.

Responsibility of custodian of child

112 When a child lives with or is under the care or in the custody of a person other than the child's parents, that person during the time that the child lives with that person or is under that person's care or in that person's custody, is subject to the duties imposed by this Act on the parents, but the duty and liability of the parent are not thereby affected or diminished. 1995-96, c. 1, s. 112 .

Exemptions

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.

Certificates

114 Certificates of exemption or of employment, of a temporary or permanent nature, may be issued by school boards or an official to whom the school board delegates its authorization in accordance with regulations made pursuant to this Act. 1995-96, c. 1, s. 114.

Certain employment prohibited

115 No person shall employ in any work during school hours a child who has not attained the age up to which attendance at school is required by regulations made pursuant to this Act unless an employment certificate authorizing the employment has been issued pursuant to Section 114 and the regulations and is in effect. 1995-96, c. 1, s. 115.

Duties of attendance committee

116 The attendance committee of the school board shall

(a) monitor the attendance of students in schools in the district or region;

(b) take steps to reduce the absenteeism of students from schools in the district or region in accordance with policies of the school board; and

(c) recommend to the school board remedial steps and policies in respect of those students who have been reported to the school board by the principal as being habitually absent from school without acceptable excuse. 1995-96, c. 1, s. 116 .

Duties of parent or custodian

117 A parent or other person having charge or control of any child, shall, within five days after having been served with a notice by the school board naming the child, cause the child to attend school and continue in regular attendance at school, unless the child is excused from attendance under this Act or the regulations or unless that person satisfies the school board that that person is unable to induce the child to attend public school. 1995-96, c. 1, s. 117 .

Prima facie proof

118 It is prima facie proof to file with a court the following documents:

(a) an affidavit of a person designated by the school board that a notice pursuant to Section 117 was served on a parent or person in charge of the child; and

(b) a certificate purporting to be signed by the teacher, without proof of the teacher's appointment or signature, that the child was absent from school for a period of five or more school days, not necessarily consecutive, following the receipt of the warning notice by a parent or person in charge of the child. 1995-96, c. 1, s. 118.

Admissibility of certificate

119 A certificate respecting the enrolment and the attendance or non-attendance of a child in school that is or purports to be signed by a teacher is admissible in evidence without proof of the appointment or signature of the teacher and is prima facie proof of the facts stated in the certificate. 1995-96, c. 1, s. 119 .

Deemed within age limits

120 Where a person is charged with an offence under this Act in respect of a child who is alleged to be within the limits of the ages prescribed by regulations and the child appears to the court to be within those age limits the child shall, for the purposes of this Act, be deemed to be within those age limits unless it is proved to the satisfaction of the court that the child is not of an age within those age limits. 1995-96, c. 1, s. 120 .

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