News Release Archive
EDUCATION/CULTURE--HIGHLIGHTS OF EDUCATION ACT AMENDMENTS
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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.
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Contact: Donna MacDonald 902-424-2615
trp Nov. 21, 1995