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.
  
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  Contact: Donna MacDonald  902-424-2615
  
  trp                      Nov. 21, 1995