News Release Archive
EDUCATION/CULTURE--HIGHLIGHTS OF EDUCATION ACT AMENDMENTS ------------------------------------------------------------ Tabled on behalf of Education & Culture Minister John MacEachern (All sections referenced are located in the amended version of the bill, not the original bill.) November 20, 1995 INTRODUCTION The purpose of the Education Act is to support student success. These amendments clarify and strengthen the principles and philosophy of Bill 139 to benefit Nova Scotia students. SCHOOL BOARD ISSUES The Act has been amended to recognize that school boards are accountable to the people who elect them. See Section 42(2). The amendment to Section 23 makes it clear that school boards retain their responsibilities as employer. School councils are advisory. Section 23 clarifies that no power of the school board can be transferred to the school advisory council without agreement of the school board. Section 39(1) makes it clear that the superintendent is accountable to the school board. Section 64(2)(m) enables a Department of Education and Culture representative, at the invitation of the school board, to participate in the selection and evaluation of the superintendent. Flexibility has been introduced to the conflict of interest provisions (Sections 46 & 47) to enable school boards to follow the same conflict of interest practices as municipal units. NSTU COLLECTIVE BARGAINING ISSUES The current two-tier bargaining system will be maintained. See Sections 8 (1)(j), 8(2), 11(4)(i), 11 (5) and 153-160. Amendments have been made to make it clear that this Act protects existing collective agreements for example: Section 64(2)(k) ensures fair hiring will be consistent with collective agreements. Section 9(1) (a) & (b) make it clear that amalgamated school boards are bound by existing collective agreements. Section 10(3) clarifies that the status of school board superintendents and assistant superintendents remains unchanged. Section 18 (2) confirms that the salary for new job classifications will be determined in accordance with applicable collective agreements. Section 19(5) confirms that the salary and benefits of superintendents will not be less than contained in existing collective agreements. Section 40(1)(f) confirms that duties assigned to support staff will be consistent with collective agreements Sections 8(e), 9(3) and 64 (2)(ah) reinforce the protection of collective agreements further. Other sections have been deleted from Bill 39 to further clarify this. For example, the former 22(h), 38(2)(p), and 141(h)have been deleted. SCHOOL ADVISORY COUNCILS Sections 20-23 have been amended, to clarify that school councils are advisory bodies. Section 23 has been amended to make it clear that the roles and responsibilities of school advisory councils will be established with joint agreement by the school board, school council and Department of Education and Culture. The amendment to Section 23 also makes clear that school boards retain their responsibilities as employer. School advisory councils will not hire and fire teachers. There will be no charter schools. ISSUES FOR UNIONS OF SUPPORT STAFF (CUPE & NSGEU) Amendments to recognize the contribution of support staff and the integrity of their collective agreements have been made. A definition of support staff has been added. See Section 3(ai). Section 40 (1)(f) has been amended to ensure that duties are consistent with collective agreements. Section 62(2) has been amended to ensure access to gross salary information, while protecting confidential, personal payroll deductions. Section 21(1)(d) has been amended to ensure school support staff are represented on school advisory councils. To be consistent with the duties of teachers, Section 40 has been amended to state that support staff will respect the rights of students. Educational concerns raised by CUPE & NSGEU have been addressed in other sections (e.g., the penalty clause). HOME SCHOOLING Sections 128 and 129 have been amended to reinforce parents' right to choose home schooling. The home schooling parent will register and report to the Minister, not the school board. STUDENTS WITH SPECIAL NEEDS Section 64 (2)(d) has been amended to promote the principle of inclusion. Section 25(2) has been amended to clarify the right of parents to participate in individual program planning for their child. There is an appeal process beyond the school board. See Section 25(3). AFRICAN-NOVA SCOTIAN EDUCATION The Act has been amended to strengthen provisions related to African-Canadian education. Section 139 clarified that regulations regarding membership on the new council and the duties of the council will be put in place following consultation with the Council on African Canadian Education. The Black Learners Advisory Committee members will be the initial members of the new Council on African Canadian Education. See Section 139. Section 140 was added stating that school boards will implement programs and policies on African-Canadian education and include information about African-Canadians in learning materials. MI'KMAQ EDUCATION To ensure the rights and interests of the Mi'kmaq are addressed in the Act, two significant amendments have been made. In section 137, a Council on Mi'kmaq Education will be created to recommend to the Minister about programs and services to promote the rights and interests of the Mi'kmaq. Section 138 was added stating that school boards will implement programs and policies on Mi'kmaq education and include information about the Mi'kmaq in learning materials. RELIGION Concerns regarding religion have been addressed by adding Section 64(3)(d). This section permits religious studies in schools in accordance with school board policies, while continuing to respect the Charter of Rights and Freedoms. PENALTY CLAUSE Section 142 has been deleted to make it clear that the penalty clause does not apply to the roles and responsibilities of teachers, parents, students and others. A penalty clause is included in Section 70 (3) which applies only to people who threaten students, teachers or other staff or cause a disturbance in school or on school grounds. This reflects what is currently in the Education Act, with different penalties. DUTIES OF A TEACHER The introductory wording to roles and responsibilities has been replaced with wording in the current Education Act. For example, "teachers shall..." has been changed to "It is the duty of a teacher in a public school to..." See Section 26(1) To reflect wording in the current Education Act, a teacher's right to appear before the full board, and not a committee of the board, continues as current practice on issues related to suspension or termination of employment. See Sections 33 & 34. TEACHER CERTIFICATION Certification clauses will be identical to the clauses in the current Education Act. See Sections 29 (1)(2)&(3), 141(e), 146(e) in the amended version of the bill. -30- Contact: Donna MacDonald 902-424-2615 trp Nov. 21, 1995