Governor in Council Education Act Regulations
made under Section 98 of the
Education Act
S.N.S. 2018, c. 1, Schedule A
O.I.C. 2018-104 (effective April 1, 2018), N.S. Reg. 50/2018
amended to O.I.C. 2024-321 (effective August 15, 2024), N.S. Reg. 172/2024
Table of Contents
Please note: this table of contents is provided for convenience of reference and does not form part of the regulations.
Click here to go to the text of the regulations.
Citation
Definitions
Rate for determining minimum municipal contribution
School Attendance
Limiting age for public schools
Attendance at school of enrollment
Additional exemptions from requirement to attend public school
Powers, Duties and Responsibilities of Education Entities
Certificate of exemption from attendance or certificate authorizing employment
International student program
Transportation of students
Paying for the boarding of students
Adult education programs
Teaching aids and materials
School Buildings and Site Selection
Evaluating and reporting on state of buildings and equipment
Definitions for Sections 14A to 15
Request for DPW’s site selection recommendation
DPW evaluation of school building sites
Information provided to public
Site selection by the Minister
Construction of school by private sector developer
Professional Instructional Staff of Education Entities
Assigning teacher for course
Teacher professional development
Nova Scotia Instructional Leadership Program
Teaching Service
Application of Sections 21 to 26
Teaching service days during period when school closed
Teaching service days during period when teacher absent with education entity approval
Teaching service days during other periods when teacher absent
Teaching service days during sick leave
Teaching service days during paternity leave
Teaching service days during adoption leave
Experience included in public school service
Number of hours deemed teaching or service day
Determining number of consecutive school days taught by substitute teacher
Salary for substitute teacher on school closure day
Home Education
Definitions for Act
Registering child for home education
Reporting child’s home education progress
Administering assessment instrument
Private Schools
Applying for recognition of private school program of studies
Application must include detailed description of program
Minister may recognize private school courses
Minister’s considerations
Term of recognition of private school program
Private school records required
Qualifications of private school teachers
Attendance at private school
Designated Special Education Private Schools
Definitions
Designation as designated special education private school
Continuation of designations made before August 15, 2011
Refusal of designation
Suspension or revocation of designation
Ongoing obligations and monitoring of designated school
Application for registration as registered special education private school
Refusal of registration
Suspension or revocation of registration
Ongoing obligations and monitoring of registered school
Reviewer
Eligibility for applying for funding unit
Application for funding unit
Review and grant of funding unit
Calculation of funding unit
Application for supplement
Review and grant of supplement
Calculation of supplement
Reapplying for tuition support funding
Maximum tuition support funding availability
Remittance of tuition support funding
Appointments to Tuition Appeal Board
Decisions that may be appealed to the Tuition Appeal Board
Appealing a decision of the Reviewer
Decisions of the Tuition Appeal Board
Public/Private Sector Development and Service Agreements
Definitions
Development agreement or service agreement
Compensation
Compensation for senior staff of education entities
Placement and changes in job assignment
Step increases through salary ranges
Economic adjustment
Schedule A: Learning Centre Licence Agreement
Schedule B: Salary Pay Plans
Schedule C: [repealed]
Citation
1 These regulations may be cited as the Governor in Council Education Act Regulations.
Definitions
2 In these regulations,
“Act” means the Education Act;
“classroom” means any area approved by the Minister for instructional purposes;
“compensation framework guidelines” means the Compensation Framework for
Non-Union Employees approved by the Treasury and Policy Board;
“substitute teacher” means a teacher or other qualified person engaged on a
day-to-day basis to take the place of a person regularly employed as a teacher by an
education entity;
“university” includes college.
Rate for determining minimum municipal contribution
3 For the purpose of clause 67(3) of the Act, the rate to be used to determine the minimum
municipal contribution for an education entity is $0.3048 per $100 of the uniform
assessment determined under the Municipal Grants Act for the municipalities served by
the education entity.
School Attendance
Limiting age for public schools
4 For the purpose of Section 6 of the Act, a child who turns 5 years old on or before
December 31 in a year is deemed to be a person over the age of 5 years for the school
year beginning in that year.
Attendance at school of enrollment
5 Every child in the Province who has attained the age of 6 years and has not attained the
age of 16 years must, on every day in which school is in session, unless exempt under
the Act and its regulations, attend the school in which the child is enrolled.
Additional exemptions from requirement to attend public school
6 (1) For the purposes of clause 33(2)(d) of the Act, in addition to the exemptions listed
in clauses 33(2)(a) to (c) of the Act, a child is exempt from the requirement to
attend a public school in any of the following circumstances:
(a) the child is temporarily unable to attend school for physical or mental health
reasons or for other unavoidable causes, and evidence satisfactory to the
education entity is provided by the child’s parent or a doctor when requested
by the child’s teacher or school principal;
(b) the child is excused or prohibited from attending under the Health
Protection Act.
(2) The parent of a child exempted under subsection 33(2) of the Act from the
requirement to attend public school is not required to cause the child to attend
public school.
Powers, Duties and Responsibilities of Education Entities
Certificate of exemption from attendance or certificate authorizing employment
7 (1) In this Section, “certificate” means either of the following:
(a) a certificate exempting a student from attendance at school issued under
clause 35(1)(a) of the Act;
(b) a certificate authorizing employment of a student during school hours issued
under clause 35(1)(b) of the Act.
(2) Before issuing a certificate, an education entity must ensure that all of the
following are met:
(a) a parent of a student who is under 16 years of age has submitted a request
for the certificate to the education entity;
(b) the student is at least 15 years old;
(c) the staff of the education entity have done all of the following:
(i) evaluated the circumstances related to the request,
(ii) examined alternatives to an exemption from attendance,
(iii) discussed the alternatives examined under subclause (ii) in detail
with the student and the student’s parent;
(d) the education entity is satisfied, after considering the results of the actions
described in clause (c), that requiring the student to continue to attend
school would not be beneficial to the student.
(3) A certificate must include all of the following:
(a) the full names and addresses of the student and their parents;
(b) the date of the student’s birth;
(c) the name of the school where the student is enrolled;
(d) the period for which the certificate is valid;
(e) for a certificate authorizing employment during school hours, the name of
the employer.
(4) A certificate must be signed by the regional executive director or superintendent of
the education entity.
(5) A copy of a certificate must be provided to each of the following:
(a) the principal of the school where the student was enrolled at the time the
certificate was issued;
(b) the student;
(c) a parent of the student;
(d) for a certificate authorizing employment during school hours, the employer
of the student.
(6) An employer named in a certificate authorizing employment must notify the
regional executive director or superintendent of the education entity within 5 days
if the student does not work for the employer or ceases to work for the employer
before the student’s 16th birthday.
(7) A student named in a certificate authorizing employment who does not work for
the employer or ceases to work for the employer while still under 16 years of age
must return to school and attend school as required by the Act and its regulations.
International student program
8 (1) In this Section,
“exchange program” means a reciprocal arrangement approved by the Minister
whereby an international student attends a public school and a Nova Scotia student
attends a school outside Canada;
“international student” means a person who enters Canada with the purpose of
attending a public school, but does not include any of the following:
(i) a person who is a Convention refugee or whose claim to Convention
refugee status has been referred to the Refugee Protection Division as
described in the Immigration and Refugee Protection Act (Canada),
(ii) a person admitted to Canada under order of the Minister of
Immigration, Refugees and Citizenship for Canada;
(iii) a Canadian citizen, or a permanent resident of Canada as defined in
the Immigration and Refugee Protection Act (Canada);
(iv) a dependent of a properly accredited diplomat, consular officer,
representative or official of the United Nations or any of its agencies,
if the United Nations diplomat, consular officer, representative or
official is residing in the Province;
(v) a dependent of a representative of a foreign government sent by that
government to take up duties with a provincial or federal agency
under an exchange agreement with Canada;
(vi) a dependent of a person in possession of a valid and subsisting
student authorization,
(vii) a person who enters Canada under an exchange program;
“international student program” means a program of courses designed to be
provided by an education entity to international students at a cost to the
international students, in accordance with this Section.
(2) With the approval of the Minister, an education entity may provide an international
student program.
(3) An international student program must consist of the public school program,
courses approved in accordance with the public school program, and integration
and settlement services, excluding residency services.
(4) The education entity requesting approval of an international student program must
submit a proposal to the Minister detailing the particulars of the program including
the courses, activities and services to be provided for international students, and the
estimated costs.
(5) An international student admitted by an education entity under Section 7 of the Act
must be enrolled in a public school within the school region of the education
entity, in either of the following:
(a) the public school program;
(b) an international student program.
(6) An education entity that admits an international student in accordance with
subsection (5) may charge the international student a fee as determined by the
Minister.
Transportation of students
9 A regional centre must provide for the transportation of students within its school region,
either by providing the service itself or arranging for a person to provide the service, if 1
of the following applies and the regional centre determines that transportation of the
students is necessary:
(a) 1 or more students reside more than 3.6 km from the school to which they
are to be transported;
(b) 1 or more students, because of special needs, require transportation
irrespective of the distance.
Paying for the boarding of students
10 A regional centre must pay for the boarding of a student attending a school if all of the
following apply:
(a) the school is a public school;
(b) the regional centre approved the student’s enrollment at the school;
(c) the regional centre considers it impracticable to convey the student to the
school that the student would normally attend or in which the student is
enrolled;
(d) the regional centre considers the boarding costs to be reasonable.
Adult education programs
11 (1) An education entity may provide adult education programs that have as their
purpose 1 or more of the following:
(a) to provide adult basic education;
(b) to provide academic upgrading and public school program credit courses;
(c) to provide vocational and technical upgrading;
(d) to provide programs of instruction in English as a second language or
French as a second language;
(e) to provide continuing education programs and courses.
(2) An education entity may provide for awarding appropriate credits, certificates,
diplomas or other recognition of skill or accomplishment in programs as approved
by the Minister.
(3) An education entity may appoint 1 or more individuals to administer an adult
education program, including, if the program includes them, organizing and
supervising continuing education programs and courses.
Teaching aids and materials
12 An education entity must provide teaching aids, materials and supplies, and repair and
maintain equipment required to conduct the public school program and related services
in classrooms, school libraries, laboratories, music rooms, audio-visual rooms,
gymnasiums and auditoriums, and other areas in which the program or portions of the
program are conducted.
School Buildings and Site Selection
Evaluating and reporting on state of buildings and equipment
13 (1) An education entity must, at least annually, determine whether the buildings used
for school purposes, and the equipment in them, are adequate to provide for the
students to be enrolled in the ensuing school year or years.
(2) Each education entity must report at least annually to the Minister
(a) the extent to which it is necessary to erect, acquire, purchase, alter, add to,
improve, furnish or equip buildings, or to acquire land, for school purposes
or barrier-free access;
(b) the extent to which the cost may be provided from the education entity’s
annual budget for capital expenditure, repair and renovation, including any
accumulated surplus.
Definitions for Sections 14A to 15
14 In this Section and Sections 14A to 15,
“DPW” means the Department of Public Works;
“existing site” means the site of an existing school building being replaced;
“school building” means a building or grounds used or intended to be used for
public school purposes.
Request for DPW’s site selection recommendation
14A (1) After receiving approval in principle of a capital project for the construction of a
new school building, the Minister must do all of the following:
(a) notify all of the following of the capital project’s approval in principle:
(i) the education entity under whose jurisdiction the school building is to
be constructed,
(ii) DPW;
(b) indicate whether the school building is intended to replace 1 or more
existing school buildings;
(c) request DPW’s recommendation for an appropriate site for the school
building.
(2) An education entity must provide information to the Minister and, if requested by
the Minister, to DPW, about any requirements of the school program or school
community that would impact DPW’s recommendation for a school building site.
DPW evaluation of school building sites
14B (1) After receiving a request for a recommendation under clause 14A(1)(c) DPW
must, in consultation with the education entity and the Department, do all of the
following:
(a) determine the requirements for the school building site, considering all of
the following:
(i) the program requirements of the school,
(ii) any requirements set by the Minister;
(b) evaluate potential school building sites in accordance with the priorities set
out in subsections (2) and (3);
(c) recommend a school building site to the Minister that DPW considers meets
the requirements determined under clause (a).
(2) If a new school building is not replacing an existing school building, DPW must
evaluate potential new school building sites in the following order of priority:
(a) real property vested in His Majesty in Right of the Province or held by the
education entity;
(b) real property available for acquisition or use by the Province.
(3) If a new school building is replacing 1 or more existing school buildings, DPW
must evaluate potential replacement school building sites in the following order of
priority:
(a) existing sites;
(b) real property vested in His Majesty in Right of the Province or held by the
education entity;
(c) real property available for acquisition or use by the Province.
(4) If DPW does not recommend constructing the replacement school building on an
existing site, it must submit to the Minister the reasons why it is unable to
recommend an existing site.
Information provided to public
14C Before making a recommendation to the Minister under clause 14B(1)(c), DPW, in
consultation with the Department and the education entity, must provide information to
the public on all of the following:
(a) the site selection process;
(b) DPW’s findings in respect of a proposed recommended school building site.
Site selection by the Minister
14D (1) After receiving DPW’s recommendation under clause 14B(1)(c), the Minister
must, after consulting with the regional executive director or the Conseil, decide
whether to accept the recommendation.
(2) After considering DPW’s recommendation, the Minister may request that DPW
provide a list of alternative sites.
(3) On request under subsection (2), DPW must provide a list of alternative sites that
includes all potential school building sites that DPW considers meet the
requirements for the school building site as determined under clause 14B(1)(a).
(4) If the Minister does not accept DPW’s recommendation of a school building site
under subsection (1), the Minister must select a school building site from the list of
alternative sites provided by DPW under subsection (3).
Construction of school by private sector developer
15 (1) In this Section,
“private sector developer” means a person, or association of persons, including a
joint venture or a limited partnership, other than the Province or an education
entity, who agrees with the Province to construct a school.
(2) If the Minister considers it advisable to have a school under the jurisdiction of an
education entity constructed by a private sector developer,
(a) the Minister must notify the following of the capital project’s approval in
principle for the acquisition of land:
(i) the regional executive director for the regional centre or the Conseil,
(ii) DPW;
(b) after receiving notice from the Minister under clause (a) and in consultation
with the Department and the education entity, DPW must determine the
requirements for a school building site in accordance with clause 14B(1)(a);
(ba) DPW must evaluate potential school building sites to determine if any sites
meet the requirements determined under clause (b);
(c) the private sector developer must inspect the sites and, with the agreement
of DPW, after consulting with the Department and the education entity,
recommend the most appropriate site to the Minister; and
(d) the Minister must decide whether to accept the recommendation.
(3) If the Minister accepts a recommendation from a private sector developer under
subsection (2), the Minister must select the recommended site.
(4) If the Minister does not accept the private sector developer’s recommendation
provided under subsection (2) but still considers it advisable to have a public
school constructed by a private sector developer, the Minister may request that the
private sector developer and DPW provide a list of alternative potential school
building sites.
(5) On request under subsection (4), the private sector developer and DPW must
provide a list of alternative sites that the private sector developer and DPW
consider meet the requirements for a school building site as determined under
clause (2)(b).
(6) After receiving a list of alternative school building sites under subsection (4) the
Minister may do any of the following:
(a) select a school building site from the list;
(b) accept the recommendation of the private sector developer under clause
(2)(c);
(c) decide whether it continues to be advisable to have a public school
constructed by a private sector developer.
Professional Instructional Staff of Education Entities
Assigning teacher for course
16 Each education entity must, subject to any agreements between the education entity and
the Nova Scotia Teachers’ Union under the Teachers’ Collective Bargaining Act, assign,
for a course prescribed in the public school program and for each additional course or
service provided by the education entity, a teacher holding a teacher’s certificate or
teacher’s permit issued under the Act.
Department heads
17 If at least 4 teachers are teaching at least 60% of teaching time in the subject, an
education entity may appoint a Department Head for any of the following subjects:
business education, English, French, student services, family studies, technology
education, fine arts, mathematics, modern and classical languages, music, physical
education, science, social studies.
Teacher professional development
18 (1) Every teacher who has a probationary or permanent contract with an education
entity must
(a) complete 100 contact hours of professional development every 5 years
commencing September 30, 2000; and
(b) maintain, and submit annually on or before September 30 of each year, a
professional development profile.
(2) An education entity must include the teacher’s professional development profile in
the teacher’s personnel file.
Nova Scotia Instructional Leadership Program
19 (1) In this Section, “Nova Scotia Instructional Leadership Program” means the
instructional leadership program provided by the Minister under clause 10(k) of the
Act.
(2) The Nova Scotia Instructional Leadership Program must include all of the
following:
(a) at least 6 courses, each of which must include at least 36 hours of classroom
instruction and 36 hours of inquiry-based practice;
(b) instruction in best practices in all of the following:
(i) instruction and assessment,
(ii) instructional design,
(iii) coaching and supervision skills,
(iv) using data for instructional and school improvement,
(v) developing a community of practice.
Teaching Service
Application of Sections 21 to 26
20 Sections 21 to 26 do not apply to a substitute teacher.
Teaching service days during period when school closed
21 (1) For the purpose of determining the service of a member of the instructional staff in
any school year, a school day on which a teacher does not teach because the school
is closed by an order made by any of the following is reckoned as a day taught and
the teacher must not suffer a loss in salary for that day:
(a) the Minister or the Minister’s representative;
(b) an education entity or its representative in consultation with the Department;
(c) another proper authority made
(i) under a statute of the Legislature or its regulations, or
(ii) as a result of a declaration by His Majesty the King, the Governor
General or the Lieutenant Governor.
(2) Failure of an education entity to consult the Department under clause (1)(b) must
not result in a loss of salary or benefits to a teacher if the school is closed by order
of the education entity.
Teaching service days during period when teacher absent with education entity approval
22 (1) For the purpose of determining the service of a member of the instructional staff in
any school year, a school day on which a teacher is absent with the approval of the
education entity for any of the following reasons is reckoned as a day taught and
the teacher must not suffer a loss in salary for the absence:
(a) because the teacher is attending meetings called at the direction of the
Minister;
(b) because the teacher is attending a professional conference, institute or
meeting, other than one called at the direction of the Minister, approved by
the regional education director of the regional centre or the superintendent
of the Conseil or designate, to a maximum of 2 days;
(c) because the teacher is attending meetings of government-appointed
committees or commissions;
(d) because the teacher is acting in an official capacity as a representative of the
Nova Scotia Teachers’ Union, but only if reasonable notice is given by the
teacher;
(e) because the teacher is writing examinations to improve the teacher’s
professional status;
(f) because the teacher is engaged in part-time employment with the Province
in a professional capacity;
(g) because the teacher is attending convocation exercises, if the teacher is
included in the graduation list;
(h) because the teacher is a witness before a quasi-judicial body, but only if
reasonable notice is given by the teacher;
(i) because the teacher is conducting in-service programs;
(j) because of a death or serious illness in the teacher’s immediate family or the
immediate family of the teacher’s spouse, to a maximum of 5 days in any
school year;
(k) because the teacher is attending education conferences outside the Province.
(2) For the purposes of clauses (1)(d) and (h), the education entity must not
unreasonably withhold its approval if operational requirements permit the teacher’s
absence.
Teaching service days during other periods when teacher absent
23 (1) For the purpose of determining the service of a member of the instructional staff in
any school year, a school day on which a teacher is absent for any of the following
reasons is reckoned as a day taught and the teacher must not suffer a loss in salary
for the absence:
(a) because the teacher has been placed in quarantine or because of another
situation in which the teacher is advised by a medical practitioner or
medical officer to leave the teacher’s teaching duties, and leave is not
provided under any sick leave or other leave provisions;
(b) on a day of a civic, town, municipal, Provincial, or federal election because
the teacher’s name is on the voters’ list of a polling district other than the
one in which the teacher teaches and the teacher cannot reasonably vote
after school hours;
(c) because the teacher is on jury duty or a witness before a judicial body;
(d) because the teacher is attending to the teacher’s official duties as a member
of the Board of Governors, Senate or Academic Council of an approved
university or college in the Province;
(e) subject to subsections (2) and (3), because the teacher was injured in the
performance of their duties, those duties having been approved by an
education entity or its representative, and the teacher furnishes the board
with a medical certificate that the teacher is unable to teach during this
period, to [a] maximum of the total number of consecutive teaching days in
a period of 2 school years from the date of the injury.
(2) The amount of salary payable to a teacher for days reckoned under clause (1)(e) as
days taught is reduced by any amount paid to the teacher under any disability or
liability insurance settlement towards which the education entity contributes
premiums.
(3) Clause (1)(e) ceases to be effective and the teacher is disqualified from further
salary benefits under that clause if, during the leave, the teacher engages in other
remunerative employment without the approval of the education entity.
(4) A teacher to whom clause (1)(e) applies who is unable to resume teaching duties
after the 2-year period referred to in that clause is entitled to use sick leave
entitlement.
(5) For the purposes of clauses (1)(a) and (e), an education entity may require a teacher
to be examined by a medical practitioner agreeable to both the teacher and the
education entity.
Teaching service days during sick leave
24 (1) Subject to subsection (2), for the purpose of determining the service of a member
of the instructional staff in any school year, school days on which a teacher is
absent and does not teach because of the illness of the teacher are reckoned as days
taught, and a teacher must not suffer a loss in salary for being absent on those days.
(2) Reckoning the number of days taught for a teacher who is absent because of illness
as described in subsection (1) is subject to the following:
(a) except as provided in clause (c), no more than 20 days may be reckoned as
days taught;
(b) if a teacher is employed full time for a period that is stated to be less than a
school year, the number of days reckoned as days taught must not exceed
the proportion of 20 days that is equal to the proportion that the number of
days contracted to be taught bears to the number of days in the school year;
(c) despite clauses (a) and (b), if an education entity has in effect a cumulative
sick leave plan that has been approved by the Minister, any time not
exceeding the number of days in a school year that a teacher does not teach
while on sick leave under the plan are reckoned as days taught.
Teaching service days during paternity leave
25 For the purpose of determining the service of a member of the instructional staff in any
school year, the following periods are reckoned as days taught, and a male teacher must
not suffer a loss in salary if the teacher does not teach when absent on the occasion of the
birth of his child
(a) for 1 school day or less; or
(b) for 2 periods on separate school days totalling no more than 1 day.
Teaching service days during adoption leave
26 (1) For the purpose of determining the service of a member of the instructional staff in
any school year, the following periods are reckoned as days taught, and a teacher
who is an adoptive parent must not suffer a loss in salary if the teacher does not
teach for no more than 5 school days
(a) at the beginning of the period in which an adopted child who is not eligible
to attend school comes into full care of the teacher; or
(b) during a period when both adoptive parents are required to be present as a
condition of adoption.
(2) If both parents of an adopted child are teachers, subsection (1) applies to only 1 of
the parents, except that a period of no longer than 1 day or 2 half days may be
claimed by the other parent when both parents are required to be present as a
condition of adoption.
Experience included in public school service
27 (1) For the purpose of computing the experience of a teacher to determine the salary
applicable to the teacher under the provisions of a collective agreement between
the Minister and the Nova Scotia Teachers’ Union, the following is considered
service in the public schools:
(a) all service recognized under Sections 21 to 25 and subsection 26(1);
(b) service as a substitute teacher;
(c) service by a person holding a teacher’s certificate and who is employed by
an education entity under a probationary, permanent or term contract under
a collective agreement between the Minister and the Nova Scotia Teachers’
Union;
(d) time spent on active service by a certified teacher as a member of the armed
forces of His Majesty or of an ally of His Majesty or as a member of a
Special Force of the United Nations;
(e) time spent as a teacher in the Nova Scotia Residential Centre, Truro, or the
Shelburne Youth Centre, Shelburne, or in a resource centre established and
operated pursuant to the Atlantic Provinces Special Education Authority
Act, the Halifax School for the Blind, the School for the Deaf, Halifax, or
the Interprovincial School for the Education of the Deaf;
(f) service as a teacher in a primary or secondary school that is established and
maintained at public expense as part of a system of free public education in
any part of the Commonwealth outside the Province;
(g) service as a teacher in a primary or secondary school that is established and
maintained at public expense as part of a system of free public education
recognized by the Minister and that is outside the Commonwealth;
(h) service as a teacher or instructor in an educational institution approved by
the Minister and operated by the Government of New Brunswick, the
Government of Prince Edward Island or the Government of Newfoundland
and Labrador to the extent that similar service in an educational institution
operated by the Government of the Province is recognized for salary
purposes in the Province of New Brunswick, Province of Prince Edward
Island or Province of Newfoundland and Labrador;
(i) service as an instructor in a university recognized by the Minister in any part
of the Commonwealth, or in any country under a plan approved by the
Government of Canada;
(j) effective on and after July 31, 1974, service in the Province of Ontario as a
teacher or instructor in a community college or college of applied arts and
technology recognized by the Minister;
(k) a period of no longer than 2 years during which a person holding a teacher’s
certificate was absent from teaching before August 1, 1972, for the purpose
of taking additional study or training of a duration of at least 1 academic
year or the equivalent in each year, in subjects related to education, but only
if, in the judgment of the Minister, the person completed the study and
training in a satisfactory manner;
(l) a period of no longer than 2 years during which a person holding a teacher’s
certificate and who was employed by an education entity for at least 1 year,
is absent from teaching
(i) as a result of a medical examination prescribed under these
regulations, or
(ii) for the purpose of taking additional study or training of a duration of
at least 1 academic year or the equivalent in each year, in subjects
related to education, but only if, in the judgement of the Minister, the
person completed the study and training in a satisfactory manner;
(m) service in the public service of the Province as a teacher or in a professional
capacity related to education;
(n) no more than 10 years of service as a teacher in a private school approved
by the Minister, but only if the teacher, while teaching in the private school,
held a teacher’s certificate or subsequently obtained a teacher’s certificate;
(o) no more than 2 years of service as a teacher under an arrangement with
Canadian University Service Overseas, but only if
(i) the teacher, while teaching under the arrangement, held or was
qualified to hold a teacher’s certificate, and
(ii) the teaching employment is certified in a manner satisfactory to the
Minister;
(p) service in the employ of the Nova Scotia Teachers’ Union as a full-time
paid officer of the Union;
(q) time during which a teacher, with the consent of an education entity, attends
and actively participates in a national sports competition in Canada, a
Commonwealth sports competition or an international sports competition, if
the teacher was selected by a duly constituted and recognized Provincial or
national sports governing body to represent the Province or Canada in the
sports competition as a member of an official delegation;
(r) time during which a teacher is absent from teaching duties while attending
to official duties as a member of the House of Assembly, an education
entity, or the council of a municipality, city or town;
(s) a period of no longer than 4 weeks when a teacher is absent immediately
following an absence described in clause 26(1)(a).
(2) [repealed]
(3) For the purpose of computing the experience of a teacher in order to determine the
salary applicable to the teacher only for the salary period beginning August 1,
2003, under the provisions of a collective agreement between the Minister and the
Nova Scotia Teachers’ Union, service before and after August 1, 2003, as an
instructor holding a teacher’s certificate in an adult high school in the Province that
continuously offered a Nova Scotia High School Graduation Diploma or a Nova
Scotia High School Graduation Diploma for Adults during the period of service, is
considered service in the public schools.
(4) To determine a teacher’s experience for salary increments for a school year, the
teacher’s total service as of August 1 of the academic school year in which the
teacher applied for the recognition of service and submitted all of the required
documentation must be taken and must not be revised until the beginning of the
next academic school year.
(5) Despite subsection (4), if a teacher with partial years’ service completes the
requirements as set forth in subsections (7) or (8) before January 1 of any school
year, the teacher may apply in writing to the Department for revision for increment
purposes effective January 1 and, if the requirements are met, the teacher may
apply annually for this revision.
(6) If the total number of days taught by a teacher and reckoned as taught under this
Section is equal to at least 175 days in the period January 1 to December 31, 1981,
and in any calendar year after that, and the teacher is not eligible to receive a salary
increment in August of the same calendar year, this service is deemed to be a
whole year for increment purposes and upon application in each year the teacher is
eligible for an increment revision effective January 1 in the next calendar year.
(7) In computing the number of years of a teacher’s service, any school year before
August 1, 1958, in which the teacher was engaged in teaching for 180 days or
more, including days deemed as claimable days, counts as 1 school year, but if a
teacher was engaged in teaching for less than 180 days, including days deemed
claimable days in 2 or more years, the number of school years that may be counted
is the whole number in the quotient of the total number of days on which the
teacher was so engaged in such years, divided by the prescribed number of days in
the school year in which the service was rendered.
(8) In computing the number of years of a teacher’s service for the purpose of these
regulations, any school year beginning on or after August 1, 1958 in which the
teacher was engaged in teaching for 175 days or more, including days reckoned
under this Section, counts as 1 school year, but if a teacher is or has been engaged
in teaching for less than 175 days, including days reckoned under this Section, 2 or
more school years beginning on or after August 1, 1958, the number of school
years that may be counted is the whole number in the quotient of the total number
of days on which the teacher was so engaged in such years, divided by the number
of days constituting a school year under the regulations of the Minister in the
school year or years in which the teacher was so engaged.
Number of hours deemed teaching or service day
28 (1) For a person engaged otherwise than full time as a teacher, 4 hours of teaching or
providing services is deemed to constitute a day of teaching or providing service.
(2) Despite subsection (1), if a person engaged otherwise than full time as a teacher
provides teaching or services for more than 4 hours on any day, the additional time
is not deemed to constitute teaching time or time providing service on any other
day.
Determining number of consecutive school days taught by substitute teacher
29 A day on which school has been closed by order of the Minister, an education entity or
its representative, or another proper authority, is deemed to be a school day for the
purpose of determining the number of consecutive school days taught by a substitute
teacher.
Salary for substitute teacher on school closure day
30 If a substitute teacher engaged by an education entity or on behalf of an education entity
attends a school and, without notice to the substitute teacher, the school is closed because
of weather conditions or another unforeseen cause, the substitute teacher must be paid
one-half of a day’s salary.
Home Education
Definitions for Act
31 (1) In clause 83(4)(a) of the Act, “standardized test” means a nationally or
internationally recognized achievement test given under standard conditions to
measure the level of academic achievement of individual students.
(2) In clause 83(4)(b) of the Act, “qualified assessor” means a person, other than a
parent of the child whose educational progress is being assessed, whose area of
expertise relating to assessing educational progress includes students within the age
range of the child and who is
(a) a teacher;
(b) a person holding a teacher’s certificate issued by the Minister; or
(c) a faculty member of an education faculty of a university in the Province that
trains teachers,
(3) In clause 83(4)(c) of the Act, “portfolio of the child’s work” means a
representative, multi-curricula selection of the child’s work performed over a
period of time, selected for the purpose of assisting the Minister in assessing the
child’s progress and achievement.
(4) In subsection 83(5) of the Act, “independent assessor” has the same meaning as
“qualified assessor” as defined in subsection (2).
Registering child for home education
32 (1) A parent providing a home education program who registers a child for each
school academic year with the Minister under clause 83(2)(a) of the Act, must,
(a) if registering the child for a full school academic year, submit the
registration to the Minister on or before September 20 of the school
academic year in which the parent wishes to provide the program; or
(b) if registering the child for less than the full school academic year, submit the
registration to the Minister before beginning the home education program.
(2) A registration submitted under subsection (1) must be in a form approved by the
Minister and must include,
(a) if the child has previous public school experience, the last grade level
attained;
(b) if the child has previous home education experience, the program level of
achievement and estimated equivalent public school grade level; and
(c) identification of the proposed home education program.
Reporting child’s home education progress
33 A progress report required by clause 83(2)(b) of the Act to be submitted by the parent of
a child in a home education program must be provided to the Minister
(a) at least once a year in June of the school academic year in which the child
takes the home education program; and
(b) in a manner consistent with the type of program provided and that
accurately reflects the child’s progress.
Administering assessment instrument
34 An assessment instrument authorized by the Minister through which a child in a home
education program is assessed under subsection 83(6) of the Act must be
(a) administered to the child by an education entity at the same time and under
the same conditions as it is administered to public school students; and
(b) taken by the child with age-alike or grade-alike public school students.
Private Schools
Applying for recognition of private school program of studies
35 (1) A private school applying to have the school’s program of studies recognized by
the Minister under Section 87 of the Act as meeting the requirements for a high
school leaving certificate must submit all of the following information to the
Minister:
(a) the name of the persons or body owning the school;
(b) the name of the school;
(c) the location of the school;
(d) the names of the operators of the school;
(e) the number of students enrolled in the school on September 30 of the year
the application is made.
(2) An application for recognition of a private school program must be made on or
before October 31 of the school year preceding the school year for which the
application is made.
Application must include detailed description of program
36 An application for recognition of a private school program under Section 87 of the Act
must include a detailed description of its program of studies, including all of the
following:
(a) a description of the compulsory and elective courses offered from the public
school program;
(b) a description of courses offered that are different from the courses set out in
the public school program;
(c) a description of how the compulsory and elective credit requirements
specified in the public school program are met by the private school’s
program of studies.
Minister may recognize private school courses
37 (1) The Minister may, at the request of a private school, recognize courses offered by a
private school that are different from the courses offered in the public school
program.
(2) A private school that requests recognition of its courses under this Section must
provide all of the following information to the Minister:
(a) a statement of the philosophy, outcomes, content, scope and sequence of
each course;
(b) the list of major learning resources for each course approved by the
governing body of the school;
(c) a description of how the courses contribute to the public school program
high school leaving requirements;
(d) the number of hours of instruction for each course;
(e) Provincial course coding equivalents for all courses and programs;
(f) an outline of instructional strategies used;
(g) an outline of evaluation strategies and procedures.
Minister’s considerations
38 In determining whether to recognize the program of studies of a private school, the
Minister may consider
(a) whether the compulsory and elective courses from the public school
program offered by the private school meet the requirements for a high
school leaving certificate;
(b) whether the courses referred to in Section 37 are reasonably equivalent to
the compulsory and elective courses from the public school program that
meet the requirements for a high school leaving certificate;
(c) whether the qualifications of the teachers of the courses are to the
satisfaction of the Minister in accordance with Section 41.
Term of recognition of private school program
39 (1) Recognition by the Minister of a private school’s program of studies is valid for a
term as determined by the Minister, which must not exceed 3 years.
(2) A private school may reapply to the Minister for recognition of its program of
studies.
(3) A reapplication under subsection (2) must not be made sooner than 6 months
before or later than 5 months before the end of the term of the recognition.
Private school records required
40 (1) A private school that receives recognition under Section 87 of the Act must keep
records of student enrolment and student progress and any other statistical
information required by the Minister in a form acceptable to the Minister.
(2) A student record in a private school means the Student Cumulative Record Card or
an equivalent approved by the Minister.
(3) Student records kept by a private school must be maintained and not destroyed.
Qualifications of private school teachers
41 A private school making an application for recognition under Section 87 of the Act must
demonstrate, to the satisfaction of the Minister, that each teacher assigned to teach the
high school program of studies at the school
(a) is eligible for teacher certification in Nova Scotia;
(b) holds a teacher’s certificate from another Canadian jurisdiction; or
(c) has subject matter and pedagogical expertise satisfactory to the Minister.
Attendance at private school
42 A child enrolled in a private school must attend the school during the time required by
the rules and regulations of the school.
Designated Special Education Private Schools
Definitions
43 In this Section and Sections 44 to 46,
“adaptations plan”, in respect of a student, means a documented plan for achieving
the curriculum outcomes of the public school program that accommodates the
specific learning needs of the student;
“designated special education private school” means a special education private
school designated under Section 44 or continued under Section 45;
“extra-Provincial private educational institution” means an educational institution
that is located outside of the Province and is not publicly funded;
“funded student” means a student for whom a funding unit has been granted under
subsection 56(1);
“funding unit” means an amount of money
(i) calculated in accordance with Section 57, and
(ii) payable for tuition fees for a school year at a designated special
education private school or a registered special education private
school;
“individualized program plan”, in respect of a student for whom the curriculum
outcomes of the public school program are not applicable or attainable, means a
documented plan for achieving annual and specific individualized outcomes
instead of the curriculum outcomes of the public school program that
accommodates the learning strengths and challenges of the student;
“registered special education private school” means a special education private
school registered under Section 49;
“resident” means a person who resides in the Province as a Canadian citizen or
permanent resident as defined by the Immigration and Refugee Protection Act
(Canada);
“Reviewer” means the Reviewer appointed under subsection 53(1) to review
applications for funding units or supplements under these regulations;
“special education private school” means a private school or extra-Provincial
private educational institution that offers and delivers educational programs and
services to meet the needs of students with special needs only, and includes a
natural person, an association of natural persons, a partnership and a corporation;
“student with special needs” means a student with attention deficit hyperactivity
disorder (ADHD), autism spectrum disorder (ASD) or a learning disability (LD),
as diagnosed by 1 of the following:
(i) a licensed physician,
(ii) a registered psychologist or candidate registered psychologist with
expertise and training in making the diagnosis;
“supplement” means an amount of money, calculated in accordance with Section
60, that is payable in addition to a funding unit for tuition fees for a school year at
a designated special education private school or a registered special education
private school;
“transition plan”, in respect of a student, means a documented plan for achieving
annual and specific individualized outcomes to enable the student to transition
from a designated special education private school or a registered special education
private school to a public school or post-secondary educational institution, that
accommodates the learning needs of the student;
“Tuition Appeal Board” means the Tuition Appeal Board appointed under
subsection 65(1) to hear appeals of decisions in accordance with Section 66;
“tuition support funding” means either
(i) a funding unit, or
(ii) a funding unit and a supplement.
Designation as designated special education private school
44 (1) A private school that is a special education private school that has been in
operation for at least 1 year may apply to the Minister, in the manner and form
required by the Minister, for designation or renewal of its designation as a
designated special education private school.
(2) The Minister may designate a private school that applies under subsection (1) as a
designated special education private school if the Minister is satisfied that the
school meets all of the following requirements:
(a) each individual employed on the school’s teaching staff
(i) holds a teacher’s certificate issued by the Minister, and
(ii) has demonstrated qualifications or competencies to teach students
with special needs;
(b) the school follows the public school program;
(c) the school has rules and procedures in place for disciplining, suspending and
expelling students that incorporate the principles of natural justice and
procedural fairness and accord with the policies and procedures made by the
Minister;
(d) the school is not insolvent, as defined in subsection (3);
(e) the school maintains the financial security required by the Minister,
including a fidelity bond;
(f) the school maintains a general liability insurance policy or other form of
indemnification in an amount determined by the Minister and on the terms
and conditions determined by the Minister;
(g) the school has measures in place, similar to those followed by education
entities, to ensure the safety of students and protect the students from harm
from its employees or other students;
(h) the school is not affiliated with a religious faith or denomination, and is
either
(i) recognized as a non-profit organization under the Income Tax Act
(Canada), or
(ii) registered as a charitable organization under the Income Tax Act
(Canada).
(3) In clause (2)(d), “insolvent” means any of the following:
(a) unable, for any reason, to meet financial obligations as they become due;
(b) unable to pay financial liabilities in the course of business as those liabilities
become due;
(c) unable to meet financial obligations due and accruing because the aggregate
of its property
(i) is not, at a fair value, sufficient to pay all the financial obligations
that are due or accruing, or
(ii) if disposed of at a fairly conducted sale, would not be sufficient to
pay all the financial obligations that are due and accruing.
(4) A designation made under this Section is valid for 2 years unless suspended or
revoked under Section 47.
Continuation of designations made before August 15, 2011
45 A private school designated under regulations as a designated special education private
school on or before August 15, 2011, is deemed to be designated in accordance with
Section 44 and the designation remains valid until the expiry date of the designation
unless suspended or revoked under Section 47.
Refusal of designation
46 The Minister may refuse to designate or renew the designation of a private school that
applies under subsection 44(1) for any of the following reasons:
(a) the information supplied in the application is incomplete;
(b) in the Minister’s opinion, the school does not meet the requirements of
subsection 44(2).
Suspension or revocation of designation
47 The Minister may suspend or revoke a designation of a designated special education
private school if, in the Minister’s opinion, the school fails to meet the requirements of
Section 48.
Ongoing obligations and monitoring of designated school
48 (1) A private school designated as a designated special education private school must
continue to meet the requirements in subsection 44(2) and do all of the following:
(a) at the request of the Minister, provide proof of the school’s compliance with
subsection 44(2);
(b) report annually to the Minister on the types of interventions and
instructional strategies that the school uses to meet the needs of funded
students enrolled at the school;
(c) for each funded student enrolled at the school during a school year,
(i) develop and implement an individualized program plan or an
adaptations plan for the school year,
(ii) at the end of the school year, provide the Minister with a copy of an
annual report for the school year, as set out in subsection (2),
(iii) meet with the funded student’s education entity at least 2 times
during the school year to explain and share documented evidence of
the funded student’s progress and achievements,
(iv) conduct provincial assessments and examinations at the request of
the Minister;
(d) develop a transition plan with the funded student’s education entity for each
funded student who intends to
(i) return to a public school or a publicly funded school the following
school year, or
(ii) pursue post-secondary studies the following school year.
(2) The annual report required by clause (1)(c)(ii) must include all of the following for
the funded student:
(a) a record of academic progress for the school year;
(b) an attendance record for the school year;
(c) an individualized program plan or an adaptations plan for the school year.
Application for registration as registered special education private school
49 (1) An extra-Provincial private educational institution that is a special education
private school that has been in operation for at least one year may apply to the
Minister, in the manner and form determined by the Minister, for registration or
renewal of its registration as a registered special education private school.
(2) The Minister may register an extra-Provincial private educational institution that
applies under subsection (1) if the Minister is satisfied that the school meets the
requirements of clauses 44(2)(a) to (h) and all of the following requirements:
(a) each individual employed on the school’s teaching staff
(i) holds a teacher’s certificate from the teacher certification authority of
the jurisdiction where the extra-Provincial private educational
institution is located, and
(ii) has demonstrated qualifications or competencies to teach students
with special needs;
(b) the school follows the equivalent of the public school program;
(c) the school offers French-first-language programs and services for students
with special needs.
(3) A registration made under this Section is valid for 2 years unless suspended or
revoked under Section 51.
Refusal of registration
50 The Minister may refuse to register or renew the registration of an extra-Provincial
private educational institution that applies under Section 49 for any of the following
reasons:
(a) the information supplied in the application is incomplete;
(b) in the Minister’s opinion, the applicant does not meet the requirements of
subsection 49(2).
Suspension or revocation of registration
51 The Minister may suspend or revoke a registration made under Section 49 if, in the
opinion of the Minister, the registered school fails to meet the requirements of Section
52.
Ongoing obligations and monitoring of registered school
52 A registered special education private school must continue to meet the requirements in
subsection 49(2) and do all of the following:
(a) at the request of the Minister, provide proof of the school’s compliance with
subsection 49(2);
(b) comply with the ongoing requirements for a designated school in subsection
48(1).
Reviewer
53 (1) The Minister must appoint a person who has recognized professional qualifications
and experience in working with students with special needs to serve as the
Reviewer.
(2) The Reviewer holds office for 2 years and may not be reappointed.
(3) The Reviewer may be paid any remuneration and reimbursement of expenses that
the Governor in Council determines.
(4) The Reviewer must issue an annual report and provide a copy of the report to the
Minister.
(5) If the person appointed as Reviewer resigns office or retires, or if their term of
office expires or is terminated, that person maintains jurisdiction as Reviewer over
any application, matter or thing required to be determined by the Reviewer,
including the power to complete any unfinished matter and give a decision in that
matter as if the Reviewer had not resigned or retired or their term of office had not
expired or been terminated.
Eligibility for applying for funding unit
54 (1) A student is eligible to apply for a funding unit for a school year at a designated
special education private school if all of the following criteria are met:
(a) the student is a student with special needs and has received or is offered an
individualized program plan for the following school year;
(b) the student was a student at a publicly funded school during a previous
school year;
(c) the student has secured a placement at the school any time during the school
year for which the funding unit is sought;
(d) on the date of enrolment in the school,
(i) the student is or will be a resident of the Province, and
(ii) a parent of the student is or will be a resident of the Province.
(2) A student is eligible to apply for a funding unit for a school year at a registered
special education private school if all of the following criteria are met:
(a) the student is a student with special needs and has received or is offered an
individualized program plan for the following school year;
(b) the student was a student at a publicly supported school in Canada that
offered French-first-language programs and services to the student during a
previous school year;
(c) the student has secured a placement at the school any time during the school
year for which the funding unit is sought;
(d) on the date the application is made, the student is a resident of the Province;
(e) the student is entitled to be provided a French-first-language program of the
Conseil under Section 12 of the Education (CSAP) Act.
Application for funding unit
55 (1) A student who meets the eligibility criteria for a funding unit set out in Section 54
may apply to the Reviewer for a funding unit on a form prescribed by the Minister.
(2) A completed application for a funding unit must be submitted no later than July 31
of the school year during which the student is enrolled at the designated special
education private school or the registered special education private school and for
which the funding unit is being sought and must include all of the following:
(a) documented evidence, in a form satisfactory to the Reviewer, that all the
eligibility criteria for a funding unit set out in subsection 54(1) or (2) are
met;
(b) an outline of the programs and services being offered to the student by the
designated special education private school or registered special education
private school;
(c) a written rationale prepared by the student explaining how the programs and
services referred to in clause (b) will benefit the student’s academic and
behavioural well-being;
(d) for a student who has been diagnosed with a learning disability, a
psycho-educational assessment of the student completed by a registered
psychologist or a candidate registered psychologist.
(3) A parent may apply under subsection (1) on behalf of a student under the age of
majority.
Review and grant of funding unit
56 (1) On receiving an application for a student under Section 55, the Reviewer may
grant a funding unit for the student.
(2) If the Reviewer grants a funding unit under subsection (1), the Reviewer must
notify all of the following:
(a) the funded student;
(b) the designated special education private school or the registered special
education private school in which the funded student is enrolled;
(c) the funded student’s education entity;
(d) the Minister.
(3) The Reviewer may refuse to grant a funding unit for any of the following reasons:
(a) in the Reviewer’s opinion, all the applicable eligibility criteria for a funding
unit set out in subsection 54(1) or (2) are not met;
(b) the information required by Section 55 is incomplete;
(c) the Reviewer does not consider the programs and services outlined under
clause 55(2)(b) to be acceptable;
(d) the Reviewer does not consider the rationale prepared under clause 55(2)(c)
to be acceptable.
(4) If the Reviewer refuses to grant a funding unit under subsection (3), the Reviewer
must notify the applicant in writing and include with the notice the reasons for the
refusal.
Calculation of funding unit
57 A funding unit is calculated as the average per student allocation of combined Provincial
and municipal funding to education entities for the school year as of March 31 of the
previous fiscal year, as determined by the Minister.
Application for supplement
58 (1) A funded student may apply to the Reviewer for a supplement for the same school
year that their funding unit applies to, on a form prescribed by the Minister.
(2) A complete application for a supplement must be submitted to the Reviewer by no
later than July 31 of the school year during which the student is enrolled at the
designated special education private school or the registered special education
private school and for which the funding unit is being sought and must include
sufficient information to satisfy the Reviewer that additional financial assistance is
required, considering all the financial resources available to the funded student.
(3) A parent may make an application under subsection (1) on behalf of a student
under the age of majority.
Review and grant of supplement
59 (1) On receiving an application for a student under Section 58, the Reviewer may
grant a supplement for the student.
(2) If the Reviewer grants a supplement, the Reviewer must notify all of the following:
(a) the funded student;
(b) the designated special education private school or the registered special
education private school in which the funded student is enrolled;
(c) the Minister.
(3) The Reviewer may refuse to grant a supplement for any of the following reasons:
(a) the information required by subsection 58(2) is incomplete;
(b) in accordance with guidelines established by the Minister, the Reviewer
does not consider that the funded student requires financial assistance in
addition to a funding unit.
(4) If the Reviewer refuses to grant a supplement under subsection (3), the Reviewer
must notify the applicant in writing and include the reasons for the refusal.
Calculation of supplement
60 The Reviewer must calculate the amount of a supplement in accordance with guidelines
established by the Minister, but a supplement must be less than the lower of the
following amounts:
(a) the amount of the funding unit granted to the funded student;
(b) 90% of the tuition fees charged by the designated special education private
school or registered special education private school in which the student is
enrolled.
Reapplying for tuition support funding
61 For greater certainty, a funded student must reapply for tuition support funding under
these regulations for each year of funding availability under Section 62.
Maximum tuition support funding availability
62 (1) Except as provided in subsection (2), tuition support funding is available for a
maximum of 3 school years.
(2) The Reviewer may grant tuition support funding for a student who applies for a 4th
year of tuition support funding if all of the following requirements are met:
(a) the student has been a funded student and meets the requirements for the
tuition funding under these regulations;
(b) there is a transition plan in place for the student for the following school
year developed by the funded student’s education entity and the designated
special education private school or the registered special education private
school in which the student is enrolled.
Remittance of tuition support funding
63 (1) A designated special education private school or a registered special education
private school in which a funded student is enrolled must provide confirmation of
the funded student’s enrolment and the tuition support funding invoices to both of
the following:
(a) the funded student’s education entity;
(b) the Minister.
(2) The confirmation and invoices required by subsection (1) must be provided by the
following deadlines:
(a) for a student who is enrolled on or before September 30 of a school year, by
September 30 and March 1 of the school year;
(b) for a student who is enrolled after September 30 of a school year, no later
than 30 days after the date of enrolment.
(3) On receiving the confirmation and invoices required by subsection (1), the funded
student’s education entity must remit the funding unit for the student to the school
as follows:
(a) for a student who is enrolled in the school on or before September 30 of a
school year, in the following 2 instalments:
(i) 60% of the funding unit must be remitted no later than October 30 of
the school year to which it applies, and
(ii) the remaining 40% of the funding unit must be remitted no later than
April 1 of the school year to which it applies;
(b) for a student who is enrolled in the school after September 30 of a school
year, in accordance with the directions of the Minister.
(4) On receiving the confirmation and invoices required by subsection (1), the Minister
must remit the supplement for the student to the school.
Appointments to Tuition Appeal Board
64 (1) The Governor in Council must appoint a person who has recognized professional
qualifications and experience in working with students with special needs to serve
as the single adjudicator of the Tuition Appeal Board to hear appeals under Section
65.
(2) A person appointed to the Tuition Appeal Board under subsection (1) holds office
for 3 years and may not be reappointed.
(3) A person appointed to the Tuition Appeal Board may be paid any remuneration
and reimbursement of expenses the Governor in Council determines.
(4) If a person appointed as the single adjudicator of the Tuition Appeal Board resigns
office or retires, or if their term of office expires or is terminated, that person
maintains jurisdiction as the Tuition Appeal Board over any application, matter or
thing required to be determined by the Board, including the power to complete any
unfinished matter and give a decision in that matter as if the person had not
resigned or retired or their term of office had not expired or been terminated.
Decisions that may be appealed to the Tuition Appeal Board
65 (1) A student may appeal any of the following decisions made by the Reviewer:
(a) a refusal to grant a funding unit under subsection 56(3);
(b) a refusal to grant a supplement under subsection 59(3);
(c) the amount of a supplement granted under Section 59 in accordance with
Section 60.
(2) A special education private school may appeal any of the following decisions made
by the Minister:
(a) a refusal to designate or renew the designation of the school under Section
46;
(b) a suspension or revocation of the school’s designation under Section 47;
(c) a refusal to register or renew the registration of the school under Section 50;
(d) a suspension or revocation of the school’s registration under Section 51.
Appealing a decision of the Reviewer
66 (1) An appellant must deliver a notice of appeal in writing to the Tuition Appeal
Board no later than 30 days after the date of the decision to be appealed.
(2) The Tuition Appeal Board must hold a hearing that provides the appellant with an
opportunity to present evidence, including new information, and make
representations.
(3) A hearing of an appeal under this Section is not open to the public.
(4) The Tuition Appeal Board must observe the confidentiality of all documents and
records pertaining to an appeal.
(5) The Tuition Appeal Board may do any of the following in deciding an appeal:
(a) confirm the decision appealed from;
(b) vary the decision appealed from;
(c) rescind the decision appealed from.
Decisions of the Tuition Appeal Board
67 (1) A decision of the Tuition Appeal Board must be in writing and must include
reasons for the decision.
(2) A decision of the Tuition Appeal Board is final and binding.
(3) The Tuition Appeal Board must notify all of the following of any decision:
(a) the appellant;
(b) the Reviewer;
(c) the Minister;
(d) for a student’s successful appeal of a decision referred to in clause 65(1)(a),
the funded student’s education entity.
Public/Private Sector Development and Service Agreements
Definitions
68 For the purposes of this Section, Section 69 and the Act,
“acquire” or “acquired” includes the acquisition by lease, sublease, licence, permit
or agreement or in any other manner either with or without payment or other
consideration;
“convey title” includes conveyance by lease, sublease, licence, permit or agreement
either with or without payment or other consideration;
“development agreement” means an agreement with a private sector developer
pursuant to which the private sector developer, its successors or assigns, agrees to
design, finance, plan, engineer, procure, construct, furnish, equip, commission,
own or lease any real or personal property for the purposes of a learning centre;
“learning centre” means a learning centre
(i) constructed, commissioned or equipped or to be constructed,
commissioned or equipped pursuant to a development agreement, or
(ii) managed, operated or maintained pursuant to a service agreement,
and includes the land on which the learning centre is situate;
“private sector developer” means a person or association of persons, including but
not limited to a joint venture or limited partnership, other than the Province or an
education entity;
“school property” includes a learning centre;
“service agreement” means an agreement with a private sector developer pursuant
to which the private sector developer, its successors or assigns, agrees to manage,
operate, maintain, repair or keep safe any real or personal property for the purposes
of a learning centre.
Development agreement or service agreement
69 (1) The Minister may, with the approval of the Governor in Council, enter into and
carry out a development agreement or a service agreement.
(2) If the Minister enters into a development agreement or a service agreement, an
education entity may, upon terms and conditions consistent with the terms and
conditions of the development agreement or the service agreement,
(a) acquire all or part of any real or personal property of the learning centre for
the purposes of a public school or community facility;
(b) enter into and carry out an agreement with the Minister, a private sector
developer or a municipality respecting the use, control, management,
operation, maintenance, repair or keeping safe of all or any part of any real
or personal property of the learning centre acquired for the purposes of a
public school or community facility.
(3) If an education entity acquires property or enters into an agreement under clause
(2)(a) or (b),
(a) the education entity must control the property in accordance with the terms
of the acquisition and the agreement with the Minister; and
(b) the education entity must operate and maintain the buildings, equipment and
supplies forming part of the property in accordance with the terms of the
acquisition and the agreement with the Minister.
(4) If an education entity acquires property by licence from the Minister under clause
(2)(a) or enters into an agreement with the Minister under clause (2)(b), the licence
or agreement must be in the form set out in Schedule A or to like effect and may
contain any other terms and conditions that the Minister considers proper.
Compensation
Compensation for senior staff of education entities
70 (1) For the purpose of this Section and Sections 71 to 73, “member” and “senior staff”
mean “senior staff” as defined in the Ministerial Education Act Regulations for the
applicable education entity.
(2) Effective on the date set out in Schedule B, senior staff of an education entity must
be paid a salary as set out in Sections 71 to 73 and in accordance with Schedule B
and the compensation framework guidelines.
(3) If the salary of a member on the date set out in Schedule B exceeds the
corresponding salary applicable to a position determined in accordance with
Schedule B and the compensation framework guidelines, the member’s salary will
remain the same, so long as they remain in that position, until the salary applicable
to the position is greater than the member’s salary as of the date set out in Schedule
B.
(4) A member’s salary must not decrease below the salary paid before the date set out
in Schedule B, except when there is a change in the member’s job assignment as
set out in Section 71.
Placement and changes in job assignment
71 The salary of a member upon hiring or job change as set out in Schedule B is as set out
in the compensation framework guidelines.
Step increases through salary ranges
72 Senior staff may receive a step increase in the salary bands in Schedule B on August 1st
of each year as set out in the compensation framework guidelines.
Economic adjustment
73 The salaries in Schedule B may be increased in accordance with an increase required by
an enactment, economic adjustments approved by the Treasury and Policy Board or as
directed by the Treasury and Policy Board.
________________________________________________________________
Schedule A: Learning Centre Licence Agreement
This Agreement made the day of ,.
Between
His Majesty the King in Right of the Province of Nova Scotia,
represented in this behalf by the Minister of Education and Early Childhood
Development, hereinafter called “the Licensor”,
of the first part
- and -
Education Entity
hereinafter called “the Licensee”,
of the second part
Witnesseth that in consideration of the sum of $1.00 paid by the Licensee to the Licensor,
receipt whereof is hereby acknowledged, the Licensor grants to the Licensee a licence to use,
manage, operate, maintain, repair and keep safe the real and personal property of the learning
centre defined in the service agreement made the day of , between
and His Majesty the King in right of the Province of Nova Scotia as represented by the Minister
of Education and Early Childhood Development, a copy of which is attached hereto as Schedule
“A” and that is hereinafter referred to as the “Service Agreement”.
The use, management, operation, maintenance, repair and keeping safe of the learning centre by
the Licensee shall coincide with the Licensor’s rights and responsibilities under the Service
Agreement that are hereinafter delegated by the Licensor to the Licensee and shall be otherwise
subject to and in accordance with the provisions of the Service Agreement.
The Licensor hereby delegates to the Licensee the following rights and responsibilities of the
Licensor under the Service Agreement:
The term of this Agreement shall coincide with the term of the Service Agreement and any
renewal thereof.
In witness whereof the parties have executed this Agreement the day and year first above
written.
Signed, sealed and delivered )
in the presence of )
) His Majesty the King in Right of
) the Province of Nova Scotia
) represented by the Minister of
) Education and Early Childhood Development
)
_________________________________ )_____________________________________
) Minister of Education and Early
) Childhood Development
)
)
)
)
)
_________________________________ )_____________________________________
) Education Entity
________________________________________________________________
Schedule B: Salary Pay Plans
Effective July 31, 2024
Band
|
Minimum Biweekly
|
Maximum Biweekly
|
Position
|
|
80%
|
100%
|
|
15
|
$4,715.28
|
$5,894.10
|
Director
|
16
|
$5,054.78
|
$6,318.48
|
Director
|
17
|
$5,418.70
|
$6,773.38
|
Director
|
18
|
$5,689.66
|
$7,112.08
|
Regional Executive
Director/Superintendent
|
19
|
$5,974.12
|
$7,467.65
|
Regional Executive
Director/Superintendent
|
20
|
$6,272.85
|
$7,841.06
|
Regional Executive
Director/Superintendent
|
Effective August 1, 2024
Band
|
Minimum Biweekly
|
Maximum Biweekly
|
Position
|
|
80%
|
100%
|
|
15
|
$4,856.74
|
$6,070.92
|
Director
|
16
|
$5,206.42
|
$6,508.03
|
Director
|
17
|
$5,581.26
|
$6,976.58
|
Director
|
18
|
$5,860.35
|
$7,325.44
|
Regional Executive
Director/Superintendent
|
19
|
$6,153.34
|
$7,691.68
|
Regional Executive
Director/Superintendent
|
20
|
$6,461.03
|
$8,076.29
|
Regional Executive
Director/Superintendent
|
Effective August 1, 2025
Band
|
Minimum Biweekly
|
Maximum Biweekly
|
Position
|
|
80%
|
100%
|
|
15
|
$4,953.87
|
$6,192.34
|
Director
|
16
|
$5,310.55
|
$6,638.19
|
Director
|
17
|
$5,692.89
|
$7,116.11
|
Director
|
18
|
$5,977.56
|
$7,471.95
|
Regional Executive
Director/Superintendent
|
19
|
$6,276.41
|
$7,845.51
|
Regional Executive
Director/Superintendent
|
20
|
$6,590.26
|
$8,237.82
|
Regional Executive
Director/Superintendent
|
________________________________________________________________
Schedule C: [repealed]
The following regulations are not yet in force and are
not included in the current consolidation: