This consolidation is unofficial and is for reference only.

For the official version of the regulations, consult the original documents on file with the Office of the Registrar of Regulations , or refer to the Royal Gazette

Part II .

Regulations are amended frequently.

Please check the list of Regulations by Act to see if there are any recent amendments to these regulations filed with our office that are not yet included in this consolidation.

Although every effort has been made to ensure the accuracy of this electronic version, the Office of the Registrar of Regulations assumes no responsibility for any discrepancies that may have resulted from reformatting.

This electronic version is copyright ©

, Province of Nova Scotia , all rights reserved. It is for your personal use and may not be copied for the purposes of resale in this or any other form.

Atlantic Provinces Special Education Authority Regulations

made under

Section 20 of the

Atlantic Provinces Special Education Authority Act

R.S.N.S. 1989, c. 194

O.I.C. 75-838 (effective July 22, 1975), N.S. Reg. 103/1975

as amended to O.I.C. 2011-353 (effective September 27, 2011), N.S. Reg. 279/2011

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 .

The Authority

Seal of Authority

Office

Board of Directors

Board

Officers of Board

Elected officers

Appointed officers

Chairman and Vice-Chairman

Secretary

Treasurer

Superintendent

Resource Centre Director

Meetings

Annual meeting

Regular meetings

Place of meetings

Calling of regular meetings

Notice of meetings

Adjourned meetings

Quorum

Vote

Financial

Fiscal year

Accounts

Budget

Auditor

Banking arrangements

Execution of instruments

Expenses

Staff

Employees

Teachers

Medical examinations

Assessment

Pupil Suspension

General

1 These regulations may be cited as the Atlantic Provinces Special Education Authority Act

Regulations .

1A In these regulations,

(a) “Agreement” means the Agreement made the 24th day of January, 1975

between the Atlantic Provinces providing for educational services, programs

and opportunities for persons with a low-incidence sensory impairment in the

Atlantic Provinces and for facilities and personnel for the operation and

administration of the same and for the financing thereof;

(c) “Authority” means the Atlantic Provinces Special Education Authority;

(d) “Board” means the Board of Directors of the Atlantic Provinces Special

Education Authority;

(e) “Executive Committee” means an executive committee appointed by the

Board pursuant to the Agreement;

(g) “Resource Centre” means a centre established for the purposes of the

Agreement;

(h) “Superintendent’ means the person appointed by the Board pursuant to the

Agreement who shall be responsible to the Board for the operation of all

Authority programs.

The Authority

Seal of Authority

2 The Authority shall have a seal. It shall at no time be used except by authority of the

Board previously given, and in the presence of at least two members of the Board who

shall sign every instrument to which the seal is affixed.

Office

3 The head office of the Authority shall be at Halifax, in the County of Halifax, Province of

Nova Scotia.

Board of Directors

Board

4 The administration, management, general direction and control of the affairs of the

Authority shall be vested in the Board of Directors, the membership of which shall be the

membership as duly constituted by the Agreement.

Officers of Board

Elected officers

5 At the first regular meeting of the members of the Board and at each subsequent annual

meeting, a Chairman, Vice-Chairman, a Secretary and a Treasurer shall be elected from

among the members. The same person may hold both offices of Secretary and Treasurer

and he shall be known as the Secretary-Treasurer. Any vacancy may be filled by the Board

from among its members for the remainder of the term of the retiring officer. At any

annual meeting, the retiring Chairman, Vice-Chairman, Secretary or Treasurer shall be

eligible for re-election.

Appointed officers

6 The Board shall appoint a person with the title of Superintendent and such other officers,

teachers, employees and specialists as in the opinion of the Board are necessary to carry

out its purposes.

Chairman and Vice-Chairman

7 The Chairman shall preside at every meeting of the Board, unless the Chairman is absent

or indicates that he is unable or unwilling to preside as Chairman at a particular meeting, in

which case the Vice-Chairman shall preside as chairman. The Chairman and Vice-Chairman shall have such other powers and duties as may from time to time be prescribed

by the Board.

Secretary

8 The Secretary shall keep the minutes of the meetings of the Board and perform such other

duties as may be assigned to him by the Board.

Treasurer

9 The Treasurer shall perform such duties as may be assigned to him by the Board.

Superintendent

10 The Superintendent shall be the chief executive officer of the Board and shall be

responsible to the Board for the operation of all Authority programs and the

Superintendent or the Superintendent designate shall attend Committee meetings of the

Board.

Resource Centre Director

11 A Director, appointed by the Board for a Resource Centre, shall be responsible to the

Board through the Superintendent for the conduct and operation of the Resource Centre

and shall perform such duties as may be assigned to him by the Board.

Meetings

Annual meeting

12 The annual meeting of the Board shall be held during the month of June in each and every

calendar year.

Regular meetings

13 All meetings, other than annual meetings, shall be called regular meetings.

Place of meetings

14 All meetings of the Board shall be held at Halifax, in the County of Halifax, Province of

Nova Scotia, or at such other place within the Atlantic Provinces as the Board may from

time to time determine.

Calling of regular meetings

15 Regular meetings of the Board shall be held monthly on the 1st Thursday following the

10th day in each month unless the Chairman otherwise determines. The place and time of

regular meetings shall be as the Chairman may determine. Any four directors agreeing

thereto in writing may call a regular meeting.

Notice of meetings

16 Three days’ notice of a meeting specifying the place, day, hour and business of the

meeting, shall be given by telephone, telegraph or post by the Chairman if the Chairman

has called the meeting. Two weeks’ notice by post shall be given if the meeting is called

by four members agreeing thereto in writing. Provided, however, that no notice shall be

required to be given of any meeting of directors held for the sole purpose of organization

and the election and appointment of officers immediately following any annual meeting

and no notice of any meeting shall be necessary if all the directors are present or if a

quorum is present and those absent have waived notice of or otherwise signified in writing

their consent to the holding of such meeting.

Notice by telephone shall be sufficient only if the person giving notice has given the

requisite notice by a prepaid direct call to a person who identifies himself by name as a

member of the Board.

Notice by telegraph shall be sufficient if a telegram is sent through a regular commercial

telegraph service to the last known address of the Board members. Notice by post shall be

sent in a prepaid letter addressed to each member at his last known address and shall be

deemed to have been given at the time when the letter containing the same would be

delivered in the ordinary course of post.

The non-receipt of any notice by any member shall not invalidate the proceedings at any

meeting.

Adjourned meetings

17 At any adjourned meeting any business which might properly have been transacted at the

meeting originally called may be transacted without further notice.

Quorum

18 Seven (7) members of the Board shall constitute a quorum at any meeting of the Board

provided that at least one member from each of the Atlantic Provinces must be in

attendance at the commencement of the meeting in order to constitute the quorum unless

the Deputy Minister of Education of a province from which at least one member is not in

attendance at the commencement of the meeting waives the latter requirement verbally or

in writing to the Chairman or Vice-Chairman. Notwithstanding vacancies, the remaining

members may exercise all the powers of the Board so long as a quorum of the Board

remains in office.

Vote

19 All members of the Board, including the Chairman, shall have one vote. Where there is an

equality of votes, the vote shall be a lost vote.

Financial

Fiscal year

21 The fiscal year of the Authority shall be the period from the 1st day of April in any year

until the 31st day of March in the next succeeding year.

Accounts

22 The Board shall keep all financial accounts of the Authority and advise the Executive

Committees monthly of their expenditures and of the unexpended balance of their

budgeted funds.

Budget

23 Prior the 1st day of November in each year the Board shall prepare a budget which shall

show the estimated revenues and expenditures for the next ensuing fiscal year.

Auditor

24 The Board shall, at each annual meeting, appoint an auditor or auditors to hold office until

the next annual meeting.

Banking arrangements

25 The banking business of the Authority or any part thereof shall be transacted with such

chartered banks as the Board may designate, appoint or authorize from time to time by

resolution and all such banking business or any part thereof shall be transacted on the

Authority’s behalf by such one or more officers or other persons as the Board may

designate, direct or authorize from time to time by resolution and, to the extent therein

provided.

Execution of instruments

26 Subject to

Section 25, contracts, deeds and other instruments and documents may be

executed on behalf of the Authority by the Chairman together with the Vice-Chairman or

the Secretary or any other member of the Board.

Expenses

27 No salary or other remuneration shall be paid to any member of the Board in respect of

services rendered to the Authority as such member; provided, however, that the Board

shall reimburse each member for all expenses incurred by the member in performing his

duties as a member.

Staff

Employees

(1) All persons employed by the Board who are not eligible to make contributions to the

Nova Scotia Teachers’ Pension Fund shall

(

a) be classified in their duties and responsibilities by the Board in accordance

with classifications established by the Nova Scotia Department of Human

Resources for persons having similar duties and responsibilities who are

employed in the civil service of the Province of Nova Scotia;

(

b) be compensated for their services at the same rates as are established under the

Nova Scotia Civil Service Act for civil servants employed in similar

classifications; and

to working hours, sickness benefits, vacation benefits and leave of absence

benefits as are applicable to such civil servants employed in similar

classifications.

(2) In any case where the Board considers that it is not practicable or not in the public

interest that subsection (1) shall apply to any person or persons mentioned therein,

the Board may exclude such person or persons in whole or in part from the operation

it deems advisable.

Teachers

(1) All persons employed by the Board who are eligible to make contributions to the

Nova Scotia Teachers’ Pension Fund shall

(

a) be certified by the Registrar, Department of Education, Province of Nova

Scotia, in accordance with the scheme of certification prescribed in the

regulations made pursuant to

Section 3 of the Nova Scotia Education Act ;

(

b) be compensated for their services at rates of salary not less than the scales of

teachers’ salaries paid by the Board of School Commissioners of the City of

Halifax to teachers employed by the School Board; and

Board deems advisable.

(2) Notwithstanding subsection (1), where, immediately before the 1st day of March

1975, a person was permanently employed as a teacher by the Board of Directors of

the Interprovincial School for the Education of the Deaf or by the Board of Managers

of the Halifax School for the Blind, the Board may continue to employ the person on

previously enjoyed by the person.

Medical examinations

30 Regulations 26 and 27 of the regulations made pursuant to

Section 3 of the Nova Scotia

Education Act apply mutatis mutandis to the Board and to every teacher or other person in

the employ of the Board.

Assessment

31 The Board shall establish policies and procedures for the ongoing evaluation of the

Board’s programs and services.

Pupil Suspension

32 The Director of a Resource Centre may suspend a pupil for a period of not more than one

week where a pupil persistently violates the regulations of the Centre.

(1) Before suspending a pupil pursuant to

Section 32, the Director shall advise the

pupil’s parents or guardians in writing of the pupil’s specific unacceptable behaviour

and the possibility of a suspension.

(2) If the pupil’s behaviour does not improve, the Director shall send a second letter to

the pupil’s parents or guardians requesting one or both of the parents or guardians to

meet with the pupil and the Director to endeavour to resolve the behavioural

concerns.

(3) The pupil shall be given an opportunity to explain or defend his or her behaviour.

(4) The Director may choose to have another staff member attend the meeting.

(5) Pertinent information concerning the meeting shall be recorded.

(6) If after the two warnings and subsequent meeting pursuant to subsection (2) or in the

event the parents or guardians refuse to meet with the Director and the pupil

continues to violate the regulations of the Centre, the Director shall advise the pupil

and the pupil’s parents or guardians in writing that the pupil is being suspended from

the Centre, the length of the suspension, and the reason for the suspension.

(7) Notices of suspension shall be forwarded to the parents or guardians by registered

mail and copies shall be forwarded to the Superintendent of the Authority and the

superintendent of the pupil’s school district.

34 A Director may suspend a pupil for a period of not more than two weeks who behaves in a

manner that is likely to endanger the physical or mental well-being of other persons.

35 Where a pupil has been suspended pursuant to

Section 34, the pupil and the pupil’s parents

or guardians shall be given written notice of the complaint against the pupil upon which

the suspension is based and the duration of the suspension.

(1) A Director may recommend to the Superintendent of the Authority that a suspension

of a pupil pursuant to Sections 32 or 34 be extended for a period of not more than

the remaining number of days in the school year.

(2) If the Superintendent approves the recommendation of the Director, the pupil and the

pupil’s parents or guardians shall be advised by registered mail

(

a) that the Superintendent of the Authority has suspended the pupil from the

Resource Centre; and

(

b) of the duration of the suspension; and

(

c) of their right to appeal the suspension to a Board of Appeal appointed by the

Authority by sending a notice to the Superintendent within ten days of the

receipt of the decision of the Superintendent.

37 Within 10 days of receipt of a notice of appeal pursuant to

Section 36

(

a) the Authority shall appoint a Board of Appeal consisting of one or more

persons at the discretion of the Authority; and

(

b) the Authority shall set a date for the hearing of the appeal.

38 The pupil and the pupil’s parents or guardians may appeal before a Board of Appeal

appointed pursuant to Sections 37 or 41 in person with or without counsel.

(1) Within ten days of hearing the appeal, the Board of Appeal shall render its decision

and shall notify the pupil, and the pupil’s parents or guardians, counsel, the pupil’s

school district superintendent and the Authority that

(

a) the suspension has been confirmed;

(

b) the suspension has been revoked; or

(

c) the suspension has been extended for a period of days not in excess of the

remaining number of days in the school year.

(2) The pupil and the pupil’s parents or guardians shall be advised that there is a right of

appeal from the decision of the Board of Appeal appointed by the Authority to a

Board of Appeal appointed by the Minister of Education of the pupil’s province of

residence.

40 The pupil and the pupil’s parents or guardians may appeal the decision of the Board of

Appeal appointed by the Authority by giving written notice of appeal to the Authority and

the Minister of Education of the pupil’s province of residence within 10 days of receipt of

the decision.

41 Within 20 days of receipt of a notice of appeal pursuant to

Section 40

(

a) the Minister of Education of the pupil’s province of residence shall appoint a

Board of Appeal consisting of one or more persons at the discretion of the

Minister; and

(

b) the Minister shall set a date for a hearing of the appeal.

42 The decision of the Board of Appeal appointed by the Minister of Education of the pupil’s

province of residence shall be final and binding.

General

43 The Superintendent shall submit an annual report to the Board.

Legislative History

Reference Tables

Atlantic Provinces Special

Education Authority Regulations

N.S.

Reg.

103/1975

Atlantic Provinces Special

Education Authority Act

Note: The information in these tables does not form part of the regulations

and is compiled by the Office of the Registrar of Regulations for reference

only.

Source Law

The current

consolidation of the Atlantic

Provinces Special Education Authority Regulations made under the Atlantic

Provinces Special Education Authority Act includes

all of the following regulations:

N.S.

Regulation

In force

date*

How in force

Royal Gazette

Part II Issue

103/1975

Jul 22, 1975

date approved

unpublished 1

136/1978

Jul 4,

date

approved

Jul 27,

143/1980

Aug

26, 1980

date

approved

Sep

18, 1980

113/1985

Jul 2,

date

approved

Jul

25, 1985

293/1990

Nov

13, 1990

date

approved

Nov

30, 1990

279/2011

Sep

27, 2011

date

specified

Oct

21, 2011

The following regulations are not yet in

force and are not included in the current consolidation:

N.S.

Regulation

In force

date*

How in force

Royal Gazette

Part II Issue

*See subsection 3(6) of the Regulations

Act for rules about in force dates of regulations.

Amendments by

Provision

ad. = added

am. = amended

fc. = fee change

ra. = reassigned

rep. = repealed

rs. = repealed and substituted

Provision affected

How affected

1 ........................................................

ra. as 1A

279/2011

1(h) ..............................................

am. 293/1990

1 .......................................................

ad.

279/2011

1A .....................................................

ra. from 1

279/2011

1A(a) ...........................................

am. 279/2011

1A(b) ...........................................

rep.

279/2011

1A(f) ............................................

rep.

279/2011

10 ......................................................

rs. 293/1990

11 ......................................................

rs. 143/1980

20 ......................................................

rep.

293/1990

20(a) ............................................

rs. 143/1980

24 ......................................................

rs. 113/1985

27 ......................................................

am. 293/1990

31 ......................................................

rs. 293/1990

32 ......................................................

ad. 136/1978 ; rs. 293/1990

33-43 ................................................

ad. 293/1990

Note that changes to

headings are not included in the above table.

Editorial Notes and Corrections:

Note

Effective

date

Regulations in effect on the first of

April, 1977, and filed with the Registrar before March 31, 1978, are exempt from publication under

subsection 24(2) of the Regulations Act .

The Board of School Commissioners for

the City of Halifax referred to in S. 29 (continued under the School Boards Act , S.N.S. 1991, c. 6) is

dissolved, in accordance with the Education

Act , S.N.S. 1995-96, c. 1, s. 8(a), on the creation of the Halifax

Regional School Board by O.I.C. 96-583 under s. 7 of the Education Act .

Aug 1, 1996

Title of Act changed from Handicapped Persons’ Education Act to Atlantic Provinces Special Education Act by S.N.S. 2010, c. 53.

Mar 22, 2011

References to the Department or

Minister of Education throughout these regulations should be read as

references to the Department or Minister of Education and Early Childhood

Development in accordance with Order in Council 2013-128 under the Public Service Act , R.S.N.S. 1989, c.

Apr 4, 2013

The reference in S. 29 to the Board of

School Commissioners for the City of Halifax is to be read as a reference to

the regional centre that succeeds the Halifax Regional School Board, in

accordance with the Education Reform

(2018) Act , S.N.S. 2018, c. 1, s. 52.

Apr 1, 2018

Repealed and Superseded:

N.S.

Regulation

Title

In force

date

Repealed

date

Note: Only regulations that are specifically repealed and replaced appear in

this table. It may not reflect the

entire history of regulations on this subject matter.