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Ministerial Education Act Regulations

made under Section 145 of the

Education Act

S.N.S. 1995-96, c. 1

N.S. Reg. 80/97 (June 24, 1997)

as amended to N.S. Reg. 158/2014 (October 15, 2014, effective October 17, 2014)

 

Text does not include amendments made by N.S. Reg. 169/2014.

 


Table of Contents

 

Citation

School year, holidays, hours of school

Administration of evaluation and assessment programs

Placement of students

The Nova Scotia School Book Bureau

School books - primary to grade 12

Annual report of school board salaries and expenses

Council on Mi’kmaq Education

Council on African-Canadian Education

Regional

Public School Program

International student program

Review of student’s progress policy

Board of Appeal—Special Education

Financial management system for school boards

Definition of senior staff of certain school boards

Definition of senior staff of South Shore Regional School Board and Tri-County Regional School Board

Administrative structure for senior staff of school boards and related requirements

Departments within administrative structure

Implementation of administrative structure

Variances

Definitions for compensation framework

Compensation amount paid to members under the compensation framework

Compa-ratios for members employed on July 31, 2004

Compa-ratios for employees appointed as senior staff on or after August 1, 2004

Compa-ratios for non-employees appointed as senior staff on or after August 1, 2004

Compa-ratios for senior staff if employment contracts renewed or extended

Variances to initial compa-ratio on appointment as a member and to annual progression of members

Annual progression of senior staff under compensation framework

Annual review of compensation grids and pay for performance guide chart

Compa-ratio of senior staff after compensation grids and pay for performance guide chart amended

Provincial conflict of interest policy

Form of oath of office for school board member

Application of Sections 72 to 75

Member’s appeal of censure

Mandatory content for procedural by-law

Mandatory content for school board code of ethics

Schedules

Schedule A: Pay for Performance Guide Chart

Schedule B: Compensation Grids

Schedule C: School Board Member Oath of Office

Schedule D: Mandatory Content for School Board’s Procedural By-law and Code of Ethics



Citation

1     These regulations may be cited as the Ministerial Education Act Regulations.


School year, holidays, hours of school

2     (1)    The school year shall consist of 195 school days.

 

       (2)    Every school shall open each year not earlier than the first day of September and not later than the Wednesday following Labour Day, and close not later than the thirtieth day of June.

 

       (3)    A school day is any day other than Saturday, Sunday or a statutory holiday which is within the school year.

 

       (4)    The Christmas vacation shall commence not earlier than and end not later than dates fixed in each school year by the Minister, and shall consist of Christmas Day and New Year’s Day and not fewer than five or more than ten school days.

 

       (5)    The spring vacation shall consist of five consecutive school days in March or another month on dates determined by the Minister.

Subsection 2(5) amended: N.S. Reg. 224/2009.

 

       (6)    School holidays include Labour Day, Thanksgiving Day, Remembrance Day, Good Friday, Easter Monday, and Victoria Day.

 

3     (1)    Except as otherwise provided in this Section, there shall be not less than five hours of teaching in each classroom on each school day; hours of teaching shall mean time during which students are under instruction or otherwise under control or supervision by a teacher and shall not include time spent by the teacher in marking tests or examination papers, for grading and classifying students, when no students are present or under the teacher’s control.

 

       (2)    Despite subsection (1), a school board may direct that the total number of hours of scheduled teaching time in a school year for students in the primary grade shall be no less than the product of four hours times the number of days in which teaching is scheduled for students in other grades in the school, and these hours of teaching

 

                (a)    may be scheduled by the school board during any part of the time in which students in other grades are receiving instruction; and

 

                (b)    shall be provided on each school day.

Subsection 3(2) replaced: N.S. Reg. 85/99.

 

       (3)    A school board may direct that not more than six hours of teaching shall be provided on each school day in any classroom.

 

       (4)    For the purpose of calculating an instructional day pursuant to subsection (1), a school board

 

                (a)    may, except under clause (b), include a recess of not more than fifteen minutes for any class or classes on each school day;

 

                (b)    shall not include recess for any high school class or classes.

 

       (5)    Where a school board is of the opinion that it is necessary for the health and safety of students in a school that a class or classes of students should be dismissed, the board may dismiss some or all of the classes in the school.

 

       (6)    Where a class has been dismissed pursuant to subsection (5) after school has been in session for three hours or more on any day, that day shall be deemed to be a school day of the class for the purposes of the Act and these regulations.

 

       (7)    Where a class has been dismissed pursuant to subsection (5) before school has been in session for three hours on any day, that day shall be deemed not to be a school day of the class for the purposes of the Act and these regulations.

 

       (8)    With the approval of the Minister, a school board may order that a school be closed on a school day.

 

       (9)    When a classroom has not been operated on a school day and the teacher cannot claim the day as a school day under the provisions of Section 11 of the Governor in Council Education Act Regulations, with the approval of the regional education officer, school may be taught on any of the following days not regularly included in the school year:

 

                (a)    the school days of the spring vacation;

 

                (b)    not more than three Saturdays during a school year,

 

but no classroom may be in operation for more than 195 days in a school year, and no teacher may teach or claim credit for more than 195 days in a school year.

 

       (10)  Despite subsection (9), where the one hundred ninety-fifth school day in any school year falls on a Monday, a school board may declare that the one hundred ninety-fifth school day be observed on the Saturday immediately preceding the Monday.

 

       (11)  A school board may direct that not less than four hours of teaching shall be provided on each school day

 

                (a)    in classes for students in grades 1 or 2; or

 

                (b)    for each class where two classes are taught at different periods on the same day in one school room.

 

4     (1)    A school board may at its discretion and after consideration of each proposal, approve participation by its staff and students in school travel programs within the Province, within Canada or outside Canada, provided that

 

                (a)    neither teachers nor students are away from the school for more than fifteen school days, unless a greater number of days is approved by the school board and the regional education officer;

 

                (b)    parents of participating students are informed of the purpose, and nature, and are given a detailed itinerary of the program, and the parents give their consent; and

 

                (c)    the board is satisfied that the educational benefits of the program can be considered as equivalent to those that would be received by the students during the same period of time in the classroom setting.

 

       (2)    Teachers employed by a board who accompany students on a school travel program may be considered as performing their normal duties as teachers during the days they are so engaged, and these days shall be reckoned as days taught.

 

       (3)    No student and no teacher shall, without the consent of the school board, take part in more than one school travel program in any one school year.


Administration of evaluation and assessment programs

5     A school board shall be responsible for causing the administration of evaluation and assessment programs established by the school board or required by the Minister.


Placement of students

6     (1)    Subject to subsection (2), a school board shall determine the appropriate placement of students.

 

       (2)    The obligation of a school board pursuant to subsection (1) is, in the case of the placement of a student with special needs, subject to

 

                (a)    any appeal procedure established by the school board; and

 

                (b)    the appeal procedure prescribed in Section 52 [53].


The Nova Scotia School Book Bureau

7     There shall be a section of the Department of Education known as the Nova Scotia School Book Bureau (the “Bureau”) for the purchase, sale and distribution of school books and related teaching-learning materials.


School books - primary to grade 12

8     (1)    The Bureau shall provide to school boards textbooks and other teaching-learning materials prescribed by the Minister for use in grades primary to 12 inclusive up to each board’s assigned credit with the Bureau in each fiscal year.

 

       (2)    The books distributed are the property of the school board and shall be for the use of students enrolled in the school or schools under the jurisdiction of a board.

 

       (3)    A school board shall not sell or rent books or related material provided under this Section.

 

9     The Bureau may sell textbooks or other teaching-learning materials for grades primary to 12 inclusive at the list price fixed by the Minister, plus shipping costs to the purchaser; sales of titles and materials may be restricted due to quantity ordered and amount available in inventory.

 

10   Textbooks and materials purchased from the Bureau may not be returned for exchange or refund except in unusual circumstances and with prior approval of the Supervisor.

 

11   Defective new books secured from the Bureau by any board under that board’s annual credit allocation will be replaced by the Bureau upon return of the books to the Bureau.

 

12   Books or materials may not be returned to the Bureau for credit or refund without the written approval of the Supervisor of the Bureau.

 

13   Credit with the Bureau for the purposes of subsection 8(1) shall be assigned by the Minister to each school board for each fiscal year and shall be based on the product of the school board’s funding enrolment as defined in the Governor in Council Education Act Regulations and a monetary rate set annually by the Minister.


Exceptions to school review

14   A school board may permanently close a public school without following the school review policy adopted by the Minister under Section 89 of the Act under any of the following circumstances:

 

                (a)    1 public school is being permanently closed and replaced by 1 public school provided by the Province as its replacement school;

 

                (b)    1 public school is being replaced by another public school provided by the Province at the direction, request or order of a court;

 

                (c)    more than 1 public school is being permanently closed and replaced by 1 public school provided by the Province, and all of the following conditions are met:

 

                         (i)     the school board provided a business case in the 2013-2014 fiscal year for replacing the public schools,

 

                         (ii)    the construction of the replacement school was publicly announced by the Province during the 2013-2014 fiscal year;

 

                (d)    a public school is declared by a school board to be unfit for public school purposes under Section 90 of the Act.

Section 14 replaced: N.S. Reg. 158/2014.


Sections 15 to 21 repealed: N.S. Reg. 158/2014.


Sections 22 and 23 repealed: N.S. Reg. 240/2008.


Annual report of school board salaries and expenses

24   (1)    The report required to be published by a school board pursuant to subsection 65(1) of the Act shall include a list showing, in alphabetical order, all members of the school board during the fiscal year included in the report, and

 

                (a)    all payments made by the school board to or on behalf of each member, including the total for each member, of all

 

                         (i)     honoraria, stipends, allowances and any other remuneration,

 

                         (ii)    payments for expenses, including expenses related to travel, conferences, meetings and professional development seminars, and

 

                         (iii)   payments made to a third party on behalf of a member conferring a benefit on the member that is not conferred on other members; and

 

                (b)    the total of all payments made under each of subclauses (a)(i), (ii) and (iii).

Subsection 24(1) replaced: N.S. Reg. 188/2003.

 

       (2)    The report referred to in subsection (1) shall include a list showing, in alphabetical order, all employees of the school board during the fiscal year included in the report, under headings indicating their location by school, board office or other major site of operations of the board, and

 

                (a)    all payments made by the school board to or on behalf of each employee, including the total for each employee, of all

 

                         (i)     salary, stipends, allowances and any other remuneration,

 

                         (ii)    payments for expenses, including expenses related to travel, conferences, meetings and professional development seminars, and

 

                         (iii)   payments made to a third party on behalf of an employee conferring a benefit on the employee that is not conferred on other employees; and

 

                (b)    the total of all payments made under each of subclauses (a)(i), (ii) and (iii).

Subsection 24(2) replaced: N.S. Reg. 188/2003.

 

       (3)    Despite subsection (2), a school board shall report the total of the salaries of all employees with a salary less than $25 000 without listing the individual salaries of these employees and the total of the expenses of all employees with expenses of less than $3500 without listing the individual expenses of these employees.


Council on Mi’kmaq Education

25   For the purposes of Sections 26 to 33, “Council” means the Council on Mi’kmaq Education.

 

26   The Council shall consist of not more than 15 members appointed by the Minister.

 

27   The Council shall consist of the following members appointed by the Minister:

 

                (a)    not less than 4 nor more than 6 persons recommended by First Nation organizations including

 

                         (i)     the Native Council of Nova Scotia,

                         (ii)    the Union of Nova Scotia Indians,

 

                         (iii)   the Confederacy of Mainland Mi’kmaq,

Subclause 27(a)(iii) replaced: N.S. Reg. 240/2008.

 

                         (iv)   the Nova Scotia Native Women’s Association, and

 

                         (v)    the Mi’kmaw Kina’matnewey;

Subclause 27(a)(v) replaced: N.S. Reg. 240/2008.

 

                (b)    the Mi’kmaq representatives to the regional school boards, appointed by the Minister pursuant to subsection 42(4) of the Act;

 

                (c)    three members at large representing the Mi’kmaq community.

 

28   (1)    The members of the Council

 

                (a)    appointed pursuant to clauses 27(a) and (c), shall hold office for a term of three years; and

Clause 28(1)(a) replaced: N.S. Reg. 169/2000.

 

                (b)    appointed pursuant to clause 27(b), shall hold office for the term for which they are appointed by the Minister pursuant to subsection 42(4) of the Act.

 

       (2)    Despite clause (1)(a), the first members of the Council appointed pursuant to clause 27(c), shall hold office for a term of one year.

 

29   A majority of members of the Council present at a meeting shall constitute a quorum.

 

30   Where a member of the Council dies, resigns or is unavailable, unable or unwilling to act, the Council shall request that the Minister appoint a person to act for the unexpired term of the member who died, resigned or was unable, unavailable or unwilling to act.

 

31   In addition to the duties prescribed by clause 137(3)(a) of the Act, the Council shall

 

                (a)    provide guidance to the Minister on the development, implementation, evaluation and funding of educational programs and services for Mi’kmaq students in the public school system;

 

                (b)    in respect of the Public School Program and Mi’kmaq students, advise the Minister on the development of appropriate curricula reflecting Mi’kmaq history, language, heritage, culture, traditions and contributions to society;

 

                (c)    in respect of the Public School Program and non-native students, advise the Minister on the development of appropriate curricula reflecting Mi’kmaq history, language, heritage, culture, traditions and contributions to society;

 

                (d)    in respect of the Public School Program, advise the Minister respecting the development of Mi’kmaq language arts courses for Mi’kmaq students and Mi’kmaq language arts courses for non-native students;

                (e)    advise the Minister respecting the adequacy of the information about the Mi’kmaq Nation and other First Nations as found in existing curricula, and provide suggestions for change where needed;

 

                (f)    advise the Minister respecting the ways the programs and services of the Department of Education are meeting the needs of Mi’kmaq students in the public schools and in respect of adult education, and the ways they may be improved to better serve Mi’kmaq students;

 

                (g)    make recommendations to the Minister regarding cross-cultural issues, learning styles and assessment practices and how these may be supported in the public education system;

 

                (h)    recommend to the Minister policies, initiatives and ideas which foster the educational development of Mi’kmaq students and the advancement of Mi’kmaq education;

 

                (i)     make recommendations to the Minister in respect of research on matters relevant to the education of Mi’kmaq students.

 

32   The Council may recommend to the Minister the names of persons to be considered for appointment to the Board of Governors of the Nova Scotia Community College and the Nova Scotia Council on Higher Education.

 

33   The Council may establish rules respecting its operations and administration.


Council on African-Canadian Education

34   (1)    For the purposes of Sections 35 to 46,

 

                (a)    “Black Learners Advisory Committee (BLAC)” means the Committee on Education for Black Learners established in 1990 to investigate and report on the education of Black Nova Scotians, and to make recommendations for improvement in the provision of programs and services for Black learners;

 

                (b)    “Council” means the Council on African-Canadian Education;

 

                (c)    “Division” means the African Canadian Services Division;

 

                (d)    “regional education committee” means the committee representing the African Nova Scotian community in each of the geographic regions listed in clause 36(b) and charged with recommending council member candidates for consideration by the Minister.

 

35   The Council shall consist of not more than 17 members.

 

36   The Council shall consist of the following members appointed by the Minister:

 

                (a)    not less than 4 nor more than 6 persons recommended by Provincial organizations of the African Nova Scotian community including the African United Baptist Association, the Black Educators Association, and the Black Cultural Society;

 

                (b)    one person representing the African Nova Scotian community in each of the following geographic areas of Nova Scotia:

 

                         (i)     Antigonish-Guysborough,

 

                         (ii)    Cape Breton, composed of Richmond County, Inverness County, Victoria County and Cape Breton Regional Municipality,

 

                         (iii)   Northern Region, composed of the counties of Cumberland, Colchester and Pictou,

 

                         (iv)   Valley Region, composed of the counties of Kings, Hants and Annapolis,

 

                         (v)    Southwest Nova, composed of the counties of Lunenburg, Shelburne, Yarmouth and Digby, and the Region of Queens Municipality,

 

                         (vi)   Halifax, composed of the former City of Halifax, the former Town of Bedford and that area of the former County of Halifax that is on the former Halifax City side of the harbour,

 

                         (vii)  Dartmouth, composed of the former city of Dartmouth and the former County of Halifax on the former Dartmouth side of the harbour;

 

                (c)    not less than 4 nor more than 6 members at large representing the African Nova Scotian community.

 

37   Before appointments to the Council are made, the Minister shall

 

                (a)    pursuant to clause 36(b), consider the names of persons recommended by the regional education committees concerned with African Canadian education, and

 

                (b)    pursuant to clause 36(c), consider the names of persons recommended by the Council.

 

38   Each member of the Council shall be appointed for a term of three years.

Section 38 replaced: N.S. Reg. 165/2000.

 

39   Despite Section 38, the first members appointed to the Council under clause 36(c) shall be appointed for a term of one year.

 

40   Each member of the Council shall be eligible for re-appointment upon the expiry of the term.

 

41   A majority of the total number of members of the Council pursuant to Section 35 present at any meeting of the Council shall constitute a quorum.

 

42   Where a member of the Council dies, resigns or is unavailable, unable or unwilling to act, the Council shall request that the Minister, consistent with Section 36, appoint a replacement person to act for the unexpired term in the place and stead of the member who died, resigned or was unable or unwilling to act.

 

43   In addition to the duties prescribed pursuant to clause 139(3)(a) of the Act, the Council shall

 

                (a)    in respect of the Black Learners Advisory Committee Final Report, provide guidance to the Minister on the development, implementation, evaluation and funding of educational programs and services for Black learners;

 

                (b)    advise the Minister respecting the ways the programs and services of the Division are meeting the needs of Black learners, and the ways they may be improved to better serve Black learners;

 

                (c)    recommend to the Minister policies, initiatives, and ideas that foster the educational development of Black learners and advance African Canadian education;

 

                (d)    solicit the views of members of Black communities across the Province respecting the education of Black learners, and bring matters of interest and concern to the attention of the Minister;

 

                (e)    make recommendations to the Minister in respect of research on matters relevant to Black learners;

 

                (f)    where possible, participate in education planning on committees and commissions related to African Canadian education;

 

                (g)    liaise with the Division in respect of its programs and services to Black learners;

 

                (h)    advise the Minister on the establishment, role, and ongoing operations of an Afrocentric Learning Institute;

 

                (i)     support the regional educators program as a community-based resource and review its activities on an annual basis with the Minister and the organization responsible for the program;

 

                (j)     advise the Minister on the Black Incentive Fund and make recommendations respecting other scholarships and initiatives to support Black learners.

 

44   The Council shall recommend to the Minister the names of persons to be considered for appointment to the Board of Governors of the Nova Scotia Community College and the Nova Scotia Council on Higher Education.

 

45   The Council shall receive reports describing the activities and operations of the Division from the Division on a quarterly basis.

 

46   The Council shall establish rules respecting its operations and administration.


Regional school code of conduct policy

47   (1)    This Section constitutes the framework for the regional school code of conduct policy to be established by a school board under subsection 64(2) of the Act.

Subsection 47(1) replaced: N.S. Reg. 12/2013.

 

       (1A) In the Act and these regulations, the following definitions apply:                           

 

“bullying” means behaviour, typically repeated, that is intended to cause or should be known to cause fear, intimidation, humiliation, distress or other harm to another person’s body, feelings, self-esteem, reputation or property, and can be direct or indirect, and includes assisting or encouraging the behaviour in any way;

 

“cyberbullying” means any electronic communication through the use of technology including, without limiting the generality of the foregoing, computers, other electronic devices, social networks, text messaging, instant messaging, websites and electronic mail, typically repeated or with continuing effect, that is intended or ought reasonably be expected to cause fear, intimidation, humiliation, distress or other damage or harm to another person’s health, emotional well-being, self-esteem or reputation, and includes assisting or encouraging such communication in any way;

Definition replaced: N.S. Reg. 295/2013.

 

“disruptive behaviour” means a student’s behaviour that does not meet the definition of severely disruptive behaviour, but that nevertheless disrupts the learning climate of the school, endangers the well-being of others or damages property, and disruptive behaviour includes all of the following:

 

(i)profanity,

 

                         (ii)    disrespect or insubordination,

 

                         (iii)   failure to obey instructions,

 

                         (iv)   forging notes or excuses,

 

                         (v)    non-attendance or poor attendance in school or specific classes,

 

                         (vi)   loitering in school,

 

                         (vii)  petty stealing,

 

                         (viii) shoving, pushing or scuffling,

 

                         (ix)   smoking,

 

                         (x)    behaviour that is disruptive or that may create a safety hazard;

Definition amended: N.S. Reg. 295/2013.

 

“severely disruptive behaviour” means a student’s behaviour that significantly disrupts the learning climate of the school, endangers the well-being of others or damages property, and severely disruptive behaviour includes all of the following:

 

(i)chronic disruptive offences,

 

(ii)vandalism,

 

(iii)disruptions to school operations,

 

(iv)verbal abuse,

 

(v)racism or discriminatory behaviour,

 

(vi)sexual harassment or assault,

 

(vii)sexual misconduct, sexual abuse or physical abuse,

 

(viii)physical violence,

 

(ix)bullying,

 

(x)cyberbullying,

 

(xi)use or possession of weapons,

 

(xii)illegal activity.

Definition amended: N.S. Reg. 295/2013.

Subsection 47(1A) added: N.S. Reg. 12/2013.

 

(2)   In this Section, the following definitions apply:

 

“in-school suspension” means a consequence imposed on a student by a principal in accordance with subsection (7);

 

“regional school code of conduct policy” means the regional school code of conduct policy established by a school board pursuant to clause 64(2)(r) of the Act;

 

“Provincial school code of conduct” means the code of conduct established by the Minister as part of the Provincial school code of conduct policy;

 

“Provincial school code of conduct policy” means the policy established by the Minister under clause 141(ja) of the Act;

 

“school” means a public school and includes an école acadienne;

 

“school code of conduct” means a code of conduct established by a school in accordance with subsection (8);

Subsection 47(2) amended: N.S. Reg. 12/2013.

 

       (3)    In establishing or reviewing its regional school code of conduct policy, a school board shall establish a regional school code of conduct committee.

 

       (4)    A regional school code of conduct committee shall be composed of representatives of school advisory councils, students, teachers, parents and principals.

 

       (5)    A school board shall review its regional school code of conduct policy at least once every 5 years.

 

       (6)    A regional school code of conduct policy shall be based on the following principles:

 

                (a)    student learning is maximized in positive, inviting and safe school environments where all members of the school community demonstrate appropriate standards of behaviour consistent with the principles of respect, responsibility and rights;

 

                (b)    proactive, positive and preventative approaches to managing student behaviour are necessary to establish and maintain school environments that are conducive to both teaching and learning;

 

                (c)    immediate action or intervention must be taken to manage disruptive behaviour and severely disruptive behaviour when it occurs;

 

                (d)    all of the following interventions or consequences for disruptive behaviour and severely disruptive behaviour are prohibited:

 

                         (i)     corporal punishment,

 

                         (ii)    attributing collective responsibility, including group punishment,

 

                         (iii)   course withdrawal by the principal for non-attendance or poor attendance,

 

                         (iv)   reducing or not awarding marks or assigning extra school work, projects or assessments.

 

       (7)    A regional school code of conduct policy shall be consistent with the Provincial school code of conduct policy, and include all of the following:

 

                (a)    a statement of the roles and responsibilities of students, principals, teachers, parents, the school board and other members of the school community;

 

                (b)    specific strategies to achieve desired student behaviour, including all of the following:

 

                         (i)     subject to clause (6)(d), interventions or consequences for disruptive behaviour or severely disruptive behaviour that are reasonable, fair, consistent and appropriately timed and that take into consideration

 

                                  (A)   the student’s age, stage of development and any special needs of the student, and

 

                                  (B)   the severity and frequency of the disruptive behaviour or severely disruptive behaviour,

 

                         (ii)    a range of actions and consequences that may be taken by the principal, teacher and school board in response to disruptive behaviour and severely disruptive behaviour,

 

                         (iii)   the use of in-school suspensions provided that:

 

                                  (A)   the student can continue the student’s school work in a classroom in the school designated by the principal for in-school suspensions,

 

                                  (B)   a teacher or principal is present to supervise the student,

 

                                  (C)   the principal notifies the student, the student’s parents and teachers of the reasons for the in-school suspension, as soon as reasonably possible,

 

                         (iv)   the use of suspensions, other than in-school suspensions, shall be in accordance with sections 122 to 126 of the Act.

 

                (c)    standards of behaviour expected of students and members of the school community, including standards for demonstrating respect for their own rights, property and safety and, in particular, including standards for all of the following:

 

                         (i)     demonstrating respect for the diversity of students and members of the school community regardless of their race, culture, ethnicity, religion, gender, sexual orientation, age or ability,

 

                         (ii)    using socially acceptable language and gestures,

 

                         (iii)   avoiding all forms of intimidation, harassment, racism and discrimination,

 

                         (iv)   school dress,

 

                         (v)    taking reasonable care in using school property or the property of others,

 

                         (vi)   demonstrating respect for the roles and responsibilities of students, principals, teachers, parents and the school board,

 

                         (vii)  positive and safe behaviour, including prohibition of violent acts and the use or possession of weapons and alcohol, drugs and other intoxicants,

 

                         (viii) demonstrating respect for the learning environment of the school and the classroom and school activities and events;

                (d)    a process to be used by a school for monitoring, reporting and collecting data on disruptive behaviour and severely disruptive behaviour that has resulted in a teacher referring a student to the principal, and on the interventions or consequences resulting from those behaviours, on an individual student basis and on an aggregate student basis;

 

                (e)    a process that gives a student or a student’s parent a reasonable opportunity to respond to an alleged breach of the school code of conduct, the regional school code of conduct or the Provincial school code of conduct and to respond to the interventions or consequences resulting from the breach.

Clause 47(7)(e) amended: N.S. Reg. 12/2013.

Subsection 47(7) amended: N.S. Reg. 12/2013.

 

       (8)    A regional school code of conduct policy shall require each of the school board’s school principals to do all of the following:

 

                (a)    establish a written school code of conduct that is consistent with the Provincial school code of conduct policy, the Provincial school code of conduct and the regional school code of conduct policy and that

 

                         (i)     includes a statement of the educational objectives for students and standards of behaviour expected of students and members of the school community,

 

                         (ii)    includes descriptions of disruptive behaviour and severely disruptive behaviour and the consequences for those behaviours,

 

                         (iii)   provides for reinforcing appropriate student behaviours;

Clause 47(8)(a) amended: N.S. Reg. 12/2013.

 

                (b)    review the school code of conduct at least once every 5 years;

 

                (c)    in establishing or reviewing a school code of conduct, require the school principal to establish a school code of conduct committee composed of representatives from the school advisory council, students, teachers and parents and, in the principal’s discretion, additional appropriate persons including representatives from support staff or other appropriate bodies.

 

       (9)    A school board shall provide for the distribution of the regional school code of conduct policy to its schools, teachers, parents and students and require that each principal provide a copy of the school code of conduct to each of its students and provide copies upon request to a teacher or parent.

Section 47 replaced: N.S. Reg. 374/2008; heading replaced: N.S. Reg. 12/2013.


Public School Program

48   The Minister may publish a description of the courses of study, textbooks and related material prescribed by the Minister, and such administrative instructions and orders as the Minister considers necessary for the effective use of such courses, textbooks, and related material.

 

49   (1)    Each school board shall provide, as part of the Public School Program, in each school under the jurisdiction of the school board,

 

                (a)    in grades primary to 6 inclusive, instruction as prescribed by the Minister in

 

                         (i)     language arts, health, science, mathematics, social studies, physical education, music and art, and

 

                         (ii)    English language arts beginning at grade 3 for students served by the Conseil scolaire acadien provincial, or

 

                         (iii)   core French beginning at grade 4 for students served by the school boards other than the Conseil scolaire acadien provincial;

 

                (b)    in grades 7 to 9 inclusive, instruction in the courses prescribed by the Minister in English, French, personal development and relationships, science, mathematics, social studies, physical education and two of industrial arts technology, family studies or fine arts;

 

                (c)    in grades 10 to 12 inclusive, instruction in the courses prescribed by the Minister in English, French, sciences, social studies, mathematics, physical education and technology;

 

                (d)    at the high school level, Career and Life Management and Physically Active Lifestyles, and such other courses as required by the Minister; and

 

                (e)    programming and services for students with special needs.

 

       (2)    Each school board shall provide, in grades 10 to 12 inclusive, as part of the Public School Program, but not necessarily in every school under the jurisdiction of the school board, instruction in the courses prescribed by the Minister in

 

                (a)    music;

 

                (b)    art;

 

                (c)    family studies;

 

                (d)    entrepreneurship;

 

                (e)    business education; and

 

                (f)    industrial arts technology.

 

50   (1)    Each regional school board may provide, as part of the Public School Program,

 

                (a)    French immersion programs; and

 

                (b)    extended core French programs.

 

       (2)    Each school board may provide, as part of the Public School Program,

 

                (a)    comprehensive guidance programs and services;

 

                (b)    school library programs and services; and

 

                (c)    other courses and programs as approved by the Minister.


International student program

51   (1)    For the purpose of this Section,

 

                (a)    “exchange program” means a reciprocal arrangement approved by the Minister whereby a foreign student attends a school in Nova Scotia and a Nova Scotia student attends a school outside Canada;

 

                (b)    “foreign student” means a person who enters Canada for the purpose of attending a Nova Scotia public school, but does not include

 

                         (i)     a person who is a Convention refugee, or whose claim to Convention refugee status has been referred to the Refugee Division as described in the Immigration Act,

 

                         (ii)    a person admitted to Canada under order of the Minister of Citizenship and Immigration Canada,

 

                         (iii)   a Canadian citizen, or a permanent resident of Canada as defined in the Immigration Act,

 

                         (iv)   a person who is a dependant of a properly accredited diplomat, consular officer, representative or official of the United Nations or any of its agencies, where the United Nations diplomat, consular officer, representative or official is residing in Nova Scotia,

 

                         (v)    a person who is a dependant of a representative of a foreign government sent by that government to take up duties with a federal or provincial agency under an exchange agreement with Canada,

 

                         (vi)   a dependant of a person in possession of a valid and subsisting student authorization,

 

                         (vii)  a person who enters Canada pursuant to an exchange program;

 

                (c)    “international student program” means a program designed to be provided by a school board to foreign students at a cost to the foreign students and comprises the Public School Program and courses approved pursuant to the Public School Program, and integration and settlement services, excluding residency services.

 

       (2)    A school board may, subject to

 

                (a)    the approval of the Minister; and

 

                (b)    the Governor in Council Education Act Regulations,

 

provide an international student program.

 

       (3)    A school board requesting that the Minister approve an international student program shall submit a proposal to the Minister detailing the particulars of the program including the courses, activities and services to be provided for foreign students and their estimated costs.

 

       (4)    All international student programs approved by the Minister for the 1997-98 and 1998-99 school years shall be pilot projects.


Review of student’s progress policy

52   A school board shall establish a policy setting out the terms and conditions under which a review of a student’s progress in the student’s school program, including academic performance, shall be conducted.


Board of Appeal—Special Education

53   (1)    For the purposes of subsection (2), “student with special needs” means a student

 

                (a)    who is identified by the school board as requiring additional program planning in the learning process to meet the student’s needs; and

 

                (b)    who is enrolled in and receiving an education program provided by the school board for which the Program Planning Process has been initiated and followed in accordance with the Nova Scotia Special Education Policy.

 

       (2)    Subject to subsection (3), if a dispute has occurred between the parent of a student with special needs and the school board, and the dispute has not been resolved by the school board appeal process, the parent or school board may, no later than 30 days after the date of the decision of the school board appeal committee respecting the matter in dispute, request the Minister in writing to establish a Board of Appeal to provide a ruling on the dispute.

 

       (3)    A request under subsection (2) for a Board of Appeal ruling may be made only if the dispute concerns

 

                (a)    the school board’s decision not to proceed with the development of an individualized program plan for the student;

 

                (b)    the proposed or existing individualized program plan outcomes for the student; or

 

                (c)    the proposed or existing placement of the student in respect of the education programs provided by the school board.

Section 53 replaced: N.S. Reg. 5/2009.

 

54   Upon receipt of a written request, the Minister may, as soon as practicable, appoint a Board of Appeal to hear the appeal and make a decision concerning the dispute in respect of which the Board of Appeal was requested to be established.

Section 54 amended: N.S. Reg. 5/2009.

 

55   (1)    A Board of Appeal shall consist of three members:

 

                (a)    one member, who is not an employee or a member of the school board and who was not providing services to the school board at the time of or at any time within the 3 years before the date of the request under Section 54, to be named by the school board;

Clause 55(1)(a) replaced: N.S. Reg. 5/2009.

 

                (b)    one member, who is not a parent or relative of the student and who was not providing services to a parent of the student in respect of the student at the time of or at any time within the 3 years before the date of the request under Section 54, named by the parent; and

Clause 55(1)(b) amended: 5/2009.

 

                (c)    one member appointed by the Minister who is not an employee of the Minister or the Province.

Clause 55(1)(c) amended: 5/2009.

 

       (2)    The member of a Board of Appeal appointed by the Minister shall be the chair.

Subsection 55(3) repealed: N.S. Reg. 5/2009.

 

56   The chair of a Board of Appeal shall fix a time and place for the hearing, may determine the duration of the hearing and may request, in advance of the hearing,

Section 56 amended: N.S. Reg. 5/2009.

 

                (a)    records and documentation that are to be submitted at the hearing; and

Clause 56(a) amended: N.S. Reg. 5/2009.

 

                (b)    the names of persons whom the parties wish to attend in support of either of the parties.

Clause 56(b) amended: N.S. Reg. 5/2009.

 

57   The hearing of an appeal shall not be open to the public and no person will be permitted to be present other than the parties, their counsel and such other persons as the chair may require or permit to be present.

 

58   (1)    The parties concerned may be represented at a hearing by counsel or any other person permitted at the hearing by the Board of Appeal pursuant to Section 57.

 

       (2)    The chair may adjourn any hearing at any time and from time to time.

 

       (3)    A Board of Appeal shall observe the confidentiality of all documents and records.

 

       (4)    The chair shall determine all questions arising during a hearing respecting procedure, or admissibility of evidence.

59   (1)    On completion of a hearing, a Board of Appeal must

 

                (a)    respecting a dispute concerning a matter specified in subclause [clause] 53(3)(a),

Clause 59(1)(a) amended: N.S. Reg. 240/2009.

 

                         (i)     confirm the school board’s decision not to proceed with development of an individualized program plan for the student, or

 

                         (ii)    order the school board to proceed with the development of an individualized program plan for the student;

 

                (b)    respecting a dispute concerning a matter specified in subclause [clause] 53(3)(b),

Clause 59(1)(b) amended: N.S. Reg. 240/2009.

 

                         (i)     confirm the proposed or existing individualized program plan outcomes for the student; or

 

                         (ii)    order modification of the proposed or existing individualized program plan outcomes for the student,

 

                (c)    respecting a dispute concerning a matter specified in subclause [clause] 53(3)(c),

Clause 59(1)(c) amended: N.S. Reg. 240/2009.

 

                         (i)     confirm the school board’s placement of the student in respect of the education programs provided by the school board, or

 

                         (ii)    order a change in the placement of the student in respect of the public school programs provided by the school board;

 

       (2)    On completion of a hearing, a Board of Appeal may order the costs of the appeal to be apportioned between the school board and the parent.

Section 59 replaced: N.S. Reg. 5/2009.


Section 60 repealed: N.S. Reg. 5/2009.

 

61   (1)    The decision of a Board of Appeal shall

 

                (a)    be written by the chair; and

 

                (b)    include reasons for the decision.

Clause 61(1)(b) amended: N.S. Reg. 5/2009.

 

       (2)    The decision and the order of a Board of Appeal shall be made and delivered to the parties and the Minister within 60 days, or as soon thereafter as practicable, from the date of appointment of the Board of Appeal.

Subsection 61(2) amended: N.S. Reg. 5/2009.

 

       (3)    An order made by a Board of Appeal shall be final and binding upon all parties to the dispute.


Financial management system for school boards

62   The School Board Financial Handbook, as prescribed by the Minister from time to time, is approved as the financial management system respecting estimates, bookkeeping and accounting to be adopted by school boards, and the form of and the manner in which all estimates, books of account, registers, records, vouchers, receipts and other books and documents relating to the assets, liabilities, revenues and expenditures of school boards shall be kept, and the manner in which all funds and moneys thereof shall be accounted for.


Definition of senior staff of certain school boards

63   For the purpose of subsection 64(3B) of the Act, “senior staff” of the Conseil acadien and a regional school board, other than the Tri-County Regional School Board, means the

 

                (a)    superintendent, whose responsibilities are specified in clause 66(2)(b);

 

                (b)    director of the programs and student services department specified in clause 67(a), who shall have the title of Director of Programs and Student Services;

 

                (c)    director of the operational services department specified in clause 67(b), who shall have the title of Director of Operational Services;

 

                (d)    director of the financial services department specified in clause 67(c), who shall have the title of Director of Financial Services; and

 

                (e)    director of the human resources services department specified in clause 67(d), who shall have the title of Director of Human Resources Services.

Section 63 added: N.S. Reg. 156/2003; amended: N.S. Reg. 183/2004; amended N.S. Reg. 373/2008.


Definition of senior staff of South Shore Regional School Board and Tri-County Regional School Board

64   (1)    

Subsection 64(1) repealed: N.S. Reg. 373/2008.

 

       (2)    For the purpose of subsection 64(3B) of the Act, “senior staff” of the Tri-County Regional School Board means the senior staff prescribed in clauses 63(a) to (c) and (e).

Section 64 added: N.S. Reg. 156/2003; replaced: N.S. Reg. 183/2004.


Section 65 repealed: N.S. Reg. 183/2004.


Administrative structure for senior staff of school boards and related requirements

66   (1)    For the purpose of this Section and Sections 67 to 69, “administrative structure” means the administrative structure for senior staff prescribed by this Section.

 

       (2)    The administrative structure of the Conseil acadien and a regional school board, other than the Tri-County Regional School Board, shall be composed only of

 

                (a)    the departments specified in Section 67 and the directors of those departments; and

 

                (b)    the office of superintendent and the superintendent who holds the office, who shall have, for the purpose of carrying out the duties of a superintendent under the Act, only the following responsibilities respecting the administrative structure:

 

                         (i)     overall responsibility for the departments specified in Section 67 and supervision of the directors of those departments, and

 

                         (ii)    responsibility for functions in only the following prescribed categories:

 

                                  (A)   community relations,

 

                                  (B)   strategic/business planning,

 

                                  (C)   communications,

 

                                  (D)   accountability standards, and

 

                                  (E)   continuous improvement framework.

Subsection 66(2) amended: N.S. Reg. 183/2004; N.S. Reg. 373/2008.


Subsection 66(3) repealed: N.S. Reg. 373/2008.

 

       (3A) The administrative structure of the Tri-County Regional School Board shall be composed only of

 

                (a)    the departments specified in clauses 67(a), (b) and (d), and the directors of those departments; and

 

                (b)    the office of superintendent and the superintendent who holds office, who shall have, for the purpose of carrying out the duties of a superintendent under the Act, only the responsibilities of a superintendent respecting the administrative structure specified in clause 66(2)(b), except that the reference to Section 67 shall be read as clauses 67(a), (b) and (d).

Subsection 66(3A) added: N.S. Reg. 183/2004.


Subsection 66(4) repealed: N.S. Reg. 183/2004.

 

       (5)    A director of a department is responsible only for the department that they direct and shall not hold more than one senior staff position.


Subsection 66(6) repealed: N.S. Reg. 183/2004.


Departments within administrative structure

67   The following departments shall be included in an administrative structure in accordance with subsections 66(2), (3) and (3A):

 

                (a)    a programs and student services department, which shall have functions in only the following prescribed categories:

 

                         (i)     student services,

 

                         (ii)    implementation of Provincial curriculum,

 

                         (iii)   race relations, cross-cultural understanding and human rights,

 

                         (iv)   education quality and accountability,

 

                         (v)    principal support in the area of programs and student services,

 

                         (vi)   on behalf of the superintendent or the director of education, as the case may be, principals, including supervision and evaluation of principals,

 

                         (vii)  technology in the curriculum and classrooms,

 

                         (viii) teacher professional development,

 

                         (ix)   school advisory committees, including school improvement plans, and

 

                         (x)    community education and adult education, if applicable,

 

and any additional student-related programs;

 

                (b)    an operational services department, which shall have functions in only the following prescribed categories:

 

                         (i)     facilities management, including community access,

 

                         (ii)    capital construction and additions and alterations,

 

                         (iii)   transportation of students,

 

                         (iv)   technology, and

 

                         (v)    principal support in the area of operations;

 

                (c)    a financial services department, which shall have functions in only the following prescribed categories:

 

                         (i)     budgets,

 

                         (ii)    accounting, including payroll,

 

                         (iii)   insurance risk,

 

                         (iv)   procurement,

 

                         (v)    audit support,

 

                         (vi)   principal support in the area of finance, and

 

                         (vii)  school-based funds management;

 

                (d)    a human resources services department, which shall have functions in only the following prescribed categories:

 

                         (i)     labour relations, including support of local and Provincial bargaining,

 

                         (ii)    performance management and growth planning systems,

 

                         (iii)   non-teacher professional development and coordination of the board-wide professional development plan,

 

                         (iv)   employment equity,

 

                         (v)    occupational health and safety,

 

                         (vi)   employee health,

 

                         (vii)  succession planning,

 

                         (viii) coordination of staff allocations,

 

                         (ix)   staff recruitment and placement, and

 

                         (x)    principal support in the area of human resources.

Section 67 added: N.S. Reg. 156/2003; amended: N.S. Reg. 183/2004.


Implementation of administrative structure

68   (1)    A school board shall implement its administrative structure in accordance with all the applicable requirements in Sections 63 to 67 on or before July 31, 2005.

 

       (2)    Despite subsection (1), the South Shore Regional School Board and the Tri-County Regional School Board shall implement their administrative structure in accordance with all the applicable requirements of Sections 63 to 67, effective August 1, 2004.

Section 68 renumbered 68(1) and subsection 68(2) added: N.S. Reg. 183/2004.

Section 68 added: N.S. Reg. 156/2003.


Variances

69   (1)    Despite Section 68, a school board may apply to the Minister for a variance of any requirement in Sections 63 to 68, other than a requirement specified in subsection (4), by providing to the Minister a statement that includes

 

                (a)    an explanation of why the administrative structure cannot be implemented without the variance;

 

                (b)    a description of the proposed alternative;

                (c)    an explanation demonstrating that, if varied as proposed, the administrative structure will meet the criteria set out in subsection (2); and

 

                (d)    assurance that the proposed alternative administrative structure meets all statutory requirements,

 

and any additional information that may be necessary to support the application for the variance, or that is requested by the Minister.

 

       (2)    An administrative structure that is varied in accordance with an application under subsection (1) must be at least as effective as the administrative structure prescribed by Section 66 in enabling the school board to

 

                (a)    focus on the delivery of student programs and services as its primary responsibility;

 

                (b)    manage its affairs in a productive manner, including achieving timely results, and demonstrating continuous improvement;

 

                (c)    be responsive to student, parent and community needs for program and service delivery, and to the needs of school advisory councils;

 

                (d)    be accountable for quality education, decision-making and resources; and

 

                (e)    be adaptable and flexible to address emerging needs.

 

       (3)    Upon receipt of a school board’s application under subsection (1), the Minister may grant a variance to the school board for such period of time and on such terms and conditions as the Minister considers appropriate if, in the Minister’s opinion, the statement provided by the school board with its application meets the requirements of subsection (1).

 

       (4)    The following requirements may not be varied under this Section:

 

                (a)    for the administrative structure of the Conseil acadien and a regional school board,

 

                         (i)     the requirement in subsection 66(2) to include the senior staff position of director of the programs and student services department and to include the office of superintendent as a senior staff position, and

 

                         (ii)    the requirement in clause 66(2)(a) to have a department of programs and student services.

Clause 69(4)(a) amended: N.S. Reg. 183/2004.

Clauses 69(4)(b)-(c) repealed: N.S. Reg. 183/2004.

Section 69 added: N.S. Reg. 156/2003.


Definitions for compensation framework

69A(1)    For the purpose of subsection 64(3C) of the Act, the “compensation framework” established by the Minister for senior staff of a school board is as set out in Sections 69A to 69J and Schedules A and B.

 

       (2)    For the purpose of subsection 64(3C) of the Act, this Section and Sections 69B to 69J, “senior staff” is as defined in Sections 63 and 64 for the applicable school board.

 

       (3)    In this Section and Sections 69B to 69J,

 

                (a)    “compa-ratio” means a compa-ratio, expressed as a percentage, in the pay for performance guide chart and the compensation grids;

 

                (b)    “compensation amount” means a compensation amount, expressed as a dollar amount, specified for a compa-ratio in the compensation grids, and includes any administrative allowance;

 

                (c)    “compensation grid” means a compensation grid in Schedule B that sets out the compa-ratios and corresponding compensation amounts for directors and superintendents;

 

                (d)    “member” means a member of a senior staff;

 

                (e)    “pay for performance guide chart” means the chart set out in Schedule A that is used to determine pay for performance;

 

                (f)    “salary” means salary, including any administrative allowance; and

 

                (g)    “Teachers’ Professional Agreement” means a professional agreement between the Minister and the Nova Scotia Teachers’ Union.

Section 69A added: N.S. Reg. 184/2004.


Compensation amount paid to members under the compensation framework

69B The compensation amount to be paid to a member under the compensation framework is the compensation amount that corresponds to the compa-ratio applicable to the member in accordance with the applicable compensation grid and the pay for performance guide chart.

Section 69B added: N.S. Reg. 184/2004.


Compa-ratios for members employed on July 31, 2004

69C   The compa-ratio for a member employed by a school board on July 31, 2004, is the compa-ratio shown in the applicable compensation grid

 

                (a)    for a compensation amount that is equal to the member’s salary on August 1, 2004; or

 

                (b)    for the compensation amount that is immediately higher than the member’s salary on August 1, 2004, if no compensation amount is applicable under clause (a).

Section 69C added: N.S. Reg. 184/2004.


Compa-ratios for employees appointed as senior staff on or after August 1, 2004

69D (1)   The compa-ratio for a person who

 

                (a)    is appointed as senior staff by a school board on or after August 1, 2004;

 

                (b)    holds a teacher’s certificate at the time of their appointment; and

 

                (c)    is employed by the appointing school board immediately before their appointment,

 

is determined under subsection (2).

 

       (2)    The compa-ratio for the purpose of subsection (1) is the compa-ratio, shown on the applicable compensation grid, that is

 

                (a)    3% higher than the compa-ratio for the compensation amount closest to the person’s salary immediately before the appointment; or

 

                (b)    between 80% and 85%, as selected by the school board,

 

whichever is higher.

 

       (3)    The compa-ratio for a person who

 

                (a)    is appointed as senior staff by a school board on or after August 1, 2004;

 

                (b)    does not hold a teacher’s certificate at the time of their appointment; and

 

                (c)    is employed by the appointing school board immediately prior to their appointment,

 

is determined under subsection (4).

 

       (4)    The compa-ratio for the purposes of subsection (3) is the compa-ratio, shown on the applicable compensation grid, that is

 

                (a)    3% higher than the compa-ratio for the compensation amount closest to the employee’s salary immediately before applying for the appointment; or

 

                (b)    between 80% and 85%, as selected by the school board,

 

whichever is higher.

Section 69D added: N.S. Reg. 184/2004.


Compa-ratios for non-employees appointed as senior staff on or after August 1, 2004

69E  (1)   The compa-ratio for a person who

 

                (a)    is appointed as senior staff by a school board on or after August 1, 2004;

 

                (b)    holds a teacher’s certificate at the time of their appointment; and

                (c)    is not employed by the appointing school board immediately prior to their appointment,

 

is determined under subsection (2).

 

       (2)    The compa-ratio for the purposes of subsection (1) is the compa-ratio, shown on the applicable compensation grid, that is

 

                (a)    the compa-ratio for the compensation amount closest to the salary under the Teacher’s Provincial Agreement associated with the person’s class of teacher’s certificate and years of teaching experience; or

 

                (b)    between 80% and 85%, as selected by the school board,

 

whichever is higher.

 

       (3)    The compa-ratio for a person who

 

                (a)    is appointed as senior staff by a school board on or after August 1, 2004;

 

                (b)    does not hold a teacher’s certificate at the time of their appointment; and

 

                (c)    is not employed by the appointing school board immediately prior to their appointment,

 

is the compa-ratio shown on the applicable compensation grid between 80% and 85%, as selected by the school board.

Section 69E added: N.S. Reg. 184/2004.


Compa-ratios for senior staff if employment contracts renewed or extended

69F    For greater certainty, the compensation framework applies despite a renewal or extension of a member’s employment contract.

Section 69F added: N.S. Reg. 184/2004.


Variances to initial compa-ratio on appointment as a member and to annual progression of members

69G (1)   Despite Sections 69B, 69C, 69D, 69E and 69H, a school board may apply to the Minister for a variance of the application of any requirement in those Sections to a person, by providing the Minister with a written statement that includes

 

                (a)    a rationale for the requested variance;

 

                (b)    the financial and operational costs related to the variance,

 

and any additional information that may support the application for the variance, or that is requested by the Minister.

Subsection 69G(1) amended: N.S. Reg. 29/2005.

 

       (2)    On receiving a school board’s application under subsection (1), the Minister may grant a variance to the school board if the Minister decides it is appropriate after considering the school board’s application and any additional matters the Minister considers relevant, including

 

                (a)    with respect to the application of any requirement of Sections 69B, 69C, 69D and 69E to initial placement on the compensation framework, whether a higher compensation amount is necessary

 

                         (i)     to effect the appointment of a qualified person, or

 

                         (ii)    if the person appointed has qualifications in excess of the minimum requirements for the position; and

 

                (b)    with respect to the application of any requirement of Sections 69B and 69H to annual progression of senior staff, whether a higher compensation amount is appropriate for any of the following reasons, or for any other equitable reasons:

 

                         (i)     to recognize and compensate increased professional qualifications achieved by a member since becoming subject to the compensation framework; or

 

                         (ii)    if applicable, to fulfill the minimum salary amount required under the Teachers’ Provincial Agreement.

Subsection 69G(2) replaced: N.S. Reg. 29/2005.

 

       (2A) A variance granted under subsection (2) may be for any period of time and on any terms and conditions determined by the Minister.

Subsection 69G(2A) added: N.S. Reg. 29/2005.

 

       (3)    Any deviation from, or variance of, the requirements of Sections 69B, 69C, 69D, 69E and 69H, by contract or otherwise, is null and void unless granted in accordance with this Section.

Subsection 69G(3) amended: N.S. Reg. 29/2005.

Section 69G heading amended: N.S. Reg. 29/2005.

Section 69G added: N.S. Reg. 184/2004.


Annual progression of senior staff under compensation framework

69H (1)   The progression of a member under the compensation framework is determined by the school board by

 

                (a)    determining the member’s annual performance rating in accordance with school board policy or generally accepted performance appraisal practices; and

 

                (b)    applying the pay for performance guide chart to the member’s annual performance rating as follows:

 

                         (i)     select the appropriate percentage increase in compa-ratio from the range identified in the chart for the member’s performance rating and current

compa-ratio,

 

                         (ii)    reduce the percentage increase, if necessary, to achieve the maximum compa-ratio of 104%, and

                         (iii)   increase the member’s compa-ratio based on the percentage increase determined under subclauses (i) and (ii).

 

       (2)    A re-earnable incentive may be added to a member’s compensation amount in the form of a lump sum payment that is the lesser of

 

                (a)    the percentage that was deducted in accordance with the reduction under subclause (1)(b)(ii); and

 

                (b)    3%,

 

of the compensation amount on the applicable compensation grid for the compa-ratio of 100%.

Section 69H added: N.S. Reg. 184/2004.


Annual review of compensation grids and pay for performance guide chart

69I     The Minister must review the compensation grids and pay for performance guide chart on or about August 1 of each year, and at such other times as the Minister considers advisable, for the purpose of amending them to reflect the economic adjustments, if any, granted to management employees in the Nova Scotia Civil Service.

Section 69I added: N.S. Reg. 184/2004.


Compa-ratio of senior staff after compensation grids and pay for performance guide chart amended

69J    For greater certainty, if a compensation grid or the pay for performance guide chart is amended or replaced, a member retains the compa-ratio of that member before the amendment or replacement, until their next performance appraisal.

Section 69J added: N.S. Reg. 184/2004.


Provincial conflict of interest policy

70   (1)    In this Section,

 

                (a)    “conflict of interest” means any situation in which a school board staff person, either on their own behalf or on behalf of another person, attempts to promote a private or personal interest in a manner that results in

 

                         (i)     interference with the objective exercise of the staff person’s school board duties, or

 

                         (ii)    a gain or advantage to the staff person or other person by virtue of the staff person’s position with the school board;

 

                (b)    “Provincial conflict of interest policy” means this Section;

 

                (c)    “school board conflict of interest policy” means a conflict of interest policy established by a school board for their staff;

 

                (d)    “staff” or “staff person” means staff or a staff person of a school board.

 

       (2)    The superintendent, director of education and chief executive officer of each school board must promote and ensure compliance with the school board’s conflict of interest policy, and are responsible for

 

                (a)    administering the policy with respect to their staff, other than the superintendent and the director of education;

 

                (b)    ensuring that staff are informed of the requirements of the policy;

 

                (c)    determining whether a conflict of interest exists in cases where a staff person and the person’s supervisor disagree, and what actions, if any, are to be taken; and

 

                (d)    establishing procedures for staff to report a conflict of interest to their supervisors.

 

       (3)    A school board must prepare information and educational materials for staff about the school board conflict of interest policy and arrange for the communication of it to staff.

 

       (4)    A school board must provide each staff person with a copy of the school board conflict of interest policy.

 

       (5)    A disagreement about compliance with a school board conflict of interest policy

 

                (a)    between a staff person and the staff person’s supervisor must be referred to the superintendent, chief executive officer or director of education; and

 

                (b)    between a superintendent or director of education and a school board must be referred to the Deputy Minister of Education or the Deputy Minister’s designate.

 

       (6)    A staff person who does not comply with a school board conflict of interest policy may be disciplined.

 

       (7)    A school board conflict of interest policy must be based on the principles that a staff person should

 

                (a)    perform their duties and functions impartially, responsibly, diligently, efficiently and with integrity;

 

                (b)    arrange their private interests in a manner that will prevent a conflict of interest, with any doubt in this respect to be resolved in favour of the public interest;

 

                (c)    not solicit or accept directly or indirectly a fee, gift or benefit from a person or an organization that has dealings with the school board or, when the Department of Education is acting as agent for the school board or on behalf of the school board, with the Department of Education;

 

                (d)    benefit from school board and school board-related programs, services or initiatives only to the extent that a member of the public benefits from them;

 

                (e)    benefit from information that is obtained in course of employment only to the extent that a member of the public may benefit from it;

 

                (f)    not benefit from, use or permit the use of school board property, including leased property, or services, other than in the course of the performance of official duties and functions, and otherwise only to the extent that a member of the public may use or benefit from the property or services;

 

                (g)    in the course of the performance of official duties and functions involving the public, assist all members of the public fairly and reasonably;

 

                (h)    maintain appropriate confidences;

 

                (i)     observe all laws and rules;

 

                (j)     not use their position, office or school board affiliation or school board information or property to pursue personal interests;

 

                (k)    act in a manner that will bear the closest public scrutiny, an obligation that is not fully discharged by simply acting within the law;

 

                (l)     take care to avoid being placed, or appearing to be placed, under any obligation to any person or organization that might profit from special consideration by the employee, and not accord preferential treatment in relation to any official matter to any person or organization in which the employee, family members or friends have an interest; and

 

                (m)   if the staff person’s spouse, partner or dependent child has a contract or agreement with the school board that has not been awarded by open public tender, disclose information about the contract or agreement to the superintendent, director of education or chief executive officer or, if the staff person is a superintendent or director of education, to the school board.

 

       (8)    A school board conflict of interest policy must

 

                (a)    be consistent with the Provincial conflict of interest policy as set out in this Section;

 

                (b)    include a statement setting out the purpose of the policy and explaining that the policy sets out general principles and is not intended to set out every possible situation that may raise a conflict of interest;

 

                (c)    include a statement of policy objectives, including the objective to ensure that staff avoid conflicts of interest and act in the public interest at all times while discharging official duties and functions;

 

                (d)    include the definition of “conflict of interest” set out in clause (1)(a);

                (e)    include a statement that the policy applies to all staff;

 

                (f)    outline policy directives, including

 

                         (i)     a statement of principles consistent with the principles set out in subsection (7),

 

                         (ii)    the criteria, including legality, fairness and defensibility, to be used for resolving cases where it is uncertain that a conflict of interest exists,

 

                         (iii)   a list of the types of employment and other activities that are not permitted to be carried on by a staff person outside employment with the school board and a requirement that the staff person make a confidential report regarding any outside employment or activities to their supervisor,

 

                         (iv)   how staff can receive notice of the policy,

 

                         (v)    how a staff person can get clarification or interpretation of the policy, and

 

                         (vi)   how the educational material on the policy prepared by the school board in accordance with subsection (3) is to be communicated;

 

                (g)    explain the accountability of

 

                         (i)     staff, and

 

                         (ii)    the superintendent, Chief Executive Officer and director of education, in accordance with subsection (2);

 

                (h)    set out the procedures for administering the policy as required by subsection (2);

 

                (i)     include a statement of the confidentiality requirement set out in subsection (9);

 

                (j)     explain the procedure for resolving disagreements about compliance with the policy, in accordance with the requirements of subsection (5); and

 

                (k)    explain the consequences of failing to comply with the policy.

 

       (9)    Any information concerning a private interest of a staff person that is provided to a supervisor must be kept confidential, except as required by law.

Section 70 added: N.S. Reg. 187/2003.


Form of oath of office for school board member

71   The oath of office prescribed for subsection 50(1) of the Act for a school board member is the oath of office set out in Schedule C.

Section 71 added: N.S. Reg. 12/2010.


Application of Sections 72 to 75

72   In this Section and in Sections 73 to 75,

“adjudicator” means an adjudicator appointed to hear an appeal from a decision of a school board to censure a member;

 

“appeal” means an appeal to an adjudicator made under subsection 52A(2) of the Act;

 

“member” means a member of a school board.

Section 72 added: N.S. Reg. 12/2010.


Member’s appeal of censure

73   (1)    A member making an appeal must deliver a notice of appeal in writing to both the school board and the Minister no later than 20 days after the date of the school board decision to censure.

 

       (2)    On receiving a notice of appeal under subsection (1), the Minister must appoint an adjudicator who is a practising member, in good standing, of the Nova Scotia Barristers’ Society to hear the appeal.

 

       (3)    An adjudicator must be paid any remuneration and reimbursement of expenses the Minister determines.

 

       (4)    During the hearing of an appeal, an adjudicator must give both the school board and the member who has been censured an opportunity to be heard.

 

       (5)    An adjudicator must sign their decision and deliver a copy of the decision and the reasons for decision to all of the following no later than 30 days after the last day of the appeal hearing:

 

                (a)    the member who appealed the censure;

 

                (b)    the school board;

 

                (c)    the Minister.

Section 73 added: N.S. Reg. 12/2010.


Mandatory content for procedural by-law

74   A by-law regulating the proceedings of a school board and providing for the preservation of order at its meetings required by subsection 58(1A) of the Act must contain, at a minimum, the provisions set out in Schedule D under the heading “Mandatory Provisions for Procedural By-law”, or provisions to like effect.

Section 74 added: N.S. Reg. 12/2010.


Mandatory content for school board code of ethics

75   A school board code of ethics required by subsection [clause] 64(2)(alb) of the Act must contain, at a minimum, the provisions set out in Schedule D under the heading “Mandatory Provisions for Code of Ethics”.

Section 75 added: N.S. Reg. 12/2010.





Schedules


Schedule A: Pay for Performance Guide Chart


Performance Rating

Current Compa-ratio

80% to 89%

Current Compa-ratio

90% to 103%

Current Compa-ratio

104%

5

up to 6% increase

up to 5% increase

up to 3%

4

up to 5% increase

up to 4% increase

up to 2%

3

up to 4% increase

up to 3% increase

up to 1%

2

0% increase

0% increase

0%

1

0% increase

0% increase

0%

Schedule A added: N.S. Reg. 184/2004.



Schedule B: Compensation Grids


[effective] 01-Aug-13

Grid 1 - Compensation Grid for Directors

Compa-ratio

80%

81%

82%

83%

84%

Compensation amount

$91,526

$92,670

$93,814

$94,958

$96,102

Compa-ratio

85%

86%

87%

88%

89%

Compensation amount

$97,246

$98,390

$99,534

$100,679

$101,823

Compa-ratio

90%

91%

92%

93%

94%

Compensation amount

$102,967

$104,111

$105,255

$106,399

$107,543

Compa-ratio

95%

96%

97%

98%

99%

Compensation amount

$108,687

$109,831

$110,975

$112,119

$113,263

Compa-ratio

100%

101%

102%

103%

104%

Compensation amount

$114,407

$115,551

$116,696

$117,840

$118,984


Grid 2 - Compensation Grid for Superintendents

Compa-ratio

80%

81%

82%

83%

84%

Compensation amount

$117,435

$118,903

$120,371

$121,839

$123,307

Compa-ratio

85%

86%

87%

88%

89%

Compensation amount

$124,775

$126,243

$127,711

$129,179

$130,647

Compa-ratio

90%

91%

92%

93%

94%

Compensation amount

$132,115

$133,583

$135,051

$136,519

$137,987

Compa-ratio

95%

96%

97%

98%

99%

Compensation amount

$139,455

$140,923

$142,391

$143,858

$145,326

Compa-ratio

100%

101%

102%

103%

104%

Compensation amount

$146,794

$148,262

$149,730

$151,198

$152,666

Schedule B added: N.S. Reg. 184/2004; replaced: N.S. Reg. 327/2013.



Schedule C: School Board Member Oath of Office

(subsection 50(1) of the Education Act)


I, (full name of member), (swear or affirm)

 

      that I will be faithful and bear true allegiance to (Her Majesty Queen Elizabeth II or reigning sovereign)

 

      that I am not disqualified under any law from being a member of the (name of school board), and if I become disqualified during my term of office, I will forthwith notify the secretary of the (name of school board)

 

      that I will truly, faithfully, impartially and to the best of my ability execute the duties of the office of school board member

 

      that I have not received, and I will not receive, any payment or reward or promise of payment or reward for the exercise of any partiality or other undue execution of the duties of my office as a school board member

 

      that I will disclose any pecuniary interest, direct or indirect, as required by and in accordance with the Municipal Conflict of Interest Act

 

      that I will abide by and duly observe the provisions of the code of ethics and the procedural by-law adopted by (name of school board).


Sworn (or affirmed) at ________________________________

in the County/Regional Municipality of___________________

on _______________________, 20___,

before me



__________________________________

Judge/Justice of the Peace

Schedule C added: N.S. Reg. 12/2010.



Schedule D: Mandatory Content for School Board’s Procedural By-law
and Code of Ethics


Mandatory Provisions for Procedural By-law


Member leaving meeting early

       (1)    A school board member must not leave a meeting without doing one of the following:

 

                (a)    informing the Chair or the Secretary before the meeting begins that they plan to leave early;

 

                (b)    obtaining permission to leave early from the Chair during the meeting;

 

                (c)    obtaining a resolution permitting them to leave early from the school board during the meeting.

 

       (2)    A school board member who leaves a meeting early without meeting the requirements of subsection (1) is considered to be absent without reasonable excuse for the entire school board meeting and the absence is deemed to be an absence for the purposes of Section 52 of the Education Act.


Quorum

       (3)    If a quorum is lost during a meeting, the Chair must direct that the school board stand in recess for 15 minutes, after which the Chair must call the meeting back to order and the Secretary must record the names of any members who fail to return to the meeting without meeting the requirements of subsection (1).

 

       (4)    A school board member who leaves a meeting without meeting the requirements of subsection (1) must not be counted in the number of eligible voters to determine a quorum for the remainder of the meeting.

 

       (5)    If a quorum cannot be established 15 minutes after the school board recesses because of a loss in quorum, the Chair must adjourn the meeting.


Motion to censure a school board member

       (6)    A motion to censure a school board member is a main motion that is debatable and amendable and requires a majority 2/3 vote of all members of the school board, but the motion may not be reconsidered.

 

       (7)    A motion to censure a school board member must be debated in camera and voted on in public.

 

       (8)    A motion for censure must be in writing and signed by the members who moved and seconded the motion, and must include all of the following:

 

                (a)    a statement of

 

                         (i)     the alleged violation of the school board’s code of ethics,

 

                         (ii)    the specific grounds for the allegation, and

 

                         (iii)   the proposed censure under subsection 52A(1) of the Education Act;

 

                (b)    any supporting documentation.

 

       (9)    To include a motion for censure on the agenda for a regular meeting, a school board member must submit the motion to the Secretary at least 7 days before the date of the meeting.

 

       (10)  The Secretary must deliver the motion forthwith to the school board member who is the subject of the motion for censure.

 

       (11)  A school board member who is the subject of a motion for censure may provide a written response to the notice of motion and the Secretary must distribute the response to the other members of the school board before the regular meeting at which the motion is to be considered.

 

       (12)  A school board member who is the subject of a motion for censure has the right to speak to the motion when the motion for censure is under debate.

 

       (13)  During the debate of a motion to censure, a school board member may bring a motion to extend the time limits of debate that are otherwise prescribed for debates in a procedural by-law, and the motion requires a majority 2/3 vote of all members present.

 

       (14)  The Chair or the Vice-Chair must relinquish the chair to another member of the school board in any of the following circumstances:

 

                (a)    when the chair or the vice-chair is the subject of a motion for censure;

 

                (b)    to participate in the debate of a motion for censure;

 

       (15)  A school board member who is the subject of a motion for censure may vote on the motion.

 

       (16)  The presiding member must call a roll call vote for a motion for censure.

 

       (17)  The minutes of a meeting at which a school board member is censured under subsection 52A(1) of the Education Act must contain all of the following information:

 

                (a)    the full name of the school board member being censured;

 

                (b)    the nature of the censure;

 

                (c)    the reasons for the censure.


Mandatory Provisions for Code of Ethics


Code of ethics supplements law

       (1)    This Code of Ethics operates along with and as a supplement to existing Provincial statutes governing the conduct of school board members, including all of the following:

 

                       the Education Act,

                       the Municipal Conflict of Interest Act,

                       the Municipal Elections Act,

                       the Freedom of Information and Protection of Privacy Act.

 

       (2)    The Criminal Code (Canada) also governs the conduct of school board members.

 

Treatment of other members

                (3)    A school board members must show respect for others in their verbal and non-verbal language and work with fellow board and staff members in a spirit of co-operation, regardless of personal differences of opinion, treating all with courtesy and respect and encouraging the free exchange of diverse views.

 

                (4)    A school board member must not pursue any procedure calculated to embarrass another school board or staff member.

 

Confidentiality of information

       (5)    A school board member must respect the strict confidentiality of any private information acquired by virtue of their office, in either oral or written form, and must not do any of the following except when required by law or authorized by the school board to do so:

 

                (a)    disclose the information by any means to any person other than another member of the school board;

 

                (b)    use the information for personal or other gain.

 

       (6)    In subsection (1) [(5)], “private information” includes all of the following:

 

                (a)    information in the possession of the school board or a school board member that the school board or the school board member is either prohibited from disclosing or is required to refuse to disclose under the Freedom of Information and Protection of Privacy Act or other legislation, including personal information and information that is supplied in confidence as those terms are used in the Freedom of Information and Protection of Privacy Act, or

 

                (b)    information relating to the content or the substance of deliberations of any matter that will be discussed or has been discussed at a private meeting held under subsection 59(3) of the Education Act, unless the information has been discussed at a meeting that was open to the public or the information has been released to the public.

Schedule D added: N.S. Reg. 12/2010.