School Act

1527898742/96412/tlc96412_f

E4tlc96412

Preamble

WHEREAS it is the goal of a democratic society to ensure that all its members receive an education that enables them to become literate, personally fulfilled and publicly useful, thereby increasing the strength and contributions to the health and stability of that society;

AND

WHEREAS the purpose of the British Columbia school system is to enable all learners to become literate, to develop their individual potential and to acquire the knowledge, skills and attitudes needed to contribute to a healthy, democratic and pluralistic society and a prosperous and sustainable economy;

THEREFORE HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:

Interpretation

Definitions and

interpretation

In this Act:

administrative directive means an administrative directive issued by the minister under

section 168.03 or 168.04;

annual budget means the budget for a fiscal year as adopted or amended by a board under

section 113;

annual facility expenditure means an expenditure with respect to a project that is financed from the board's annual facility grant;

annual facility grant means a grant to a board under

section 115.1;

annual facility project means an undertaking to maintain or improve

a site, or

a building

that is owned or leased by a board;

assessment , in

Part 8, means assessment as defined in the Assessment Act ;

attend includes

to be enrolled in an educational program that includes online learning, and

to participate in an educational activity by means of online learning;

board or board of education means a board of school trustees constituted under this Act or a former Act;

British Columbia Adult Graduation Diploma means the diploma that may be issued by the minister under

section 168 (6) (b);

British Columbia Certificate of Graduation means the diploma that may be issued by the minister under

section 168 (6) (a);

capital plan expenditure means a capital expenditure with respect to a project that is included in a board's capital plan bylaw, and includes a capital expenditure that was a capital plan expense under this Act, as it read immediately before this definition was enacted, and was included in a capital plan;

capital plan project means a project that is budgeted for as a capital plan expenditure;

capital project means an undertaking that requires capital expenditures to be incurred;

catchment area means, in relation to a school, the geographical area established under

section 75.1 as the catchment area for the school;

certificate holder means a person who holds a certificate of qualification;

certificate of qualification means a certificate of qualification as defined in the Teachers Act ;

certification standards means the certification standards as defined in

section 1 of the Teachers Act ;

child care program means a program that is prescribed for the purposes of paragraph (

a) of the definition of "care" in

section 1 of the Community Care and Assisted Living Act ;

commissioner means the commissioner as defined in

section 1 of the Teachers Act ;

community plan means,

in respect of a municipality other than the City of Vancouver, an official community plan as defined in the Local Government Act , or

in respect of the City of Vancouver, an official development plan as defined in

section 559 of the Vancouver Charter ;

debt service grant means a grant to pay the estimate, approved by the minister under

section 110 (2), of a board's debt service expenses for the fiscal year;

designated service provider means a person designated by the minister under

section 168 (2) (s.3);

directeur général means an individual appointed as the directeur général of a francophone education authority under

section 166.27;

district parents' advisory council means, in relation to a school district, the district parents' advisory council established for that school district under

section 8.4;

early learning program means a program for children who are less than school age, or whose enrolment in an educational program has been deferred under

section 3 (2), that

is designed to improve readiness for and success in kindergarten, and

requires a child participating in the program to be accompanied and supervised by the child's parent or other person designated in writing by the parent;

educational program means an organized set of learning activities that, in the opinion of

the board, in the case of learning activities provided by the board,

a.1

the francophone education authority, in the case of learning activities provided by the francophone education authority,

the minister, in the case of learning activities in a Provincial school, or

the parent, in the case of learning activities provided to a child registered under

section 13,

is designed to enable learners to become literate, to develop their individual potential and to acquire the knowledge, skills and attitudes needed to contribute to a healthy, democratic and pluralistic society and a prosperous and sustainable economy;

election area means the trustee electoral area or other area for which an election under this Act or other local elections legislation is held;

elector means a resident elector or non-resident property elector;

eligible child means a child who has an eligible parent;

eligible parent means an individual who, under

section 23 of the Canadian Charter of Rights and Freedoms , has the right to have the individual's children receive primary and secondary instruction in French in British Columbia;

eligible person means

an eligible parent, or

an adult individual who, under

section 23 of the Canadian Charter of Rights and Freedoms , would, if that individual had children, have the right to have the individual's children receive primary and secondary instruction in French in British Columbia;

employers' association means employers' association as defined in the Public Education Labour Relations Act ;

first nation means any of the following:

a band as defined under the Indian Act (Canada), including a participating First Nation, located in British Columbia;

the shíshálh Nation as defined in the shíshálh Nation Self-Government Act (Canada);

the Westbank First Nation as defined in the agreement approved under the Westbank First Nation Self-Government Act (Canada);

First Nations Education Authority has the same meaning as in the First Nations Jurisdiction over Education in British Columbia Act (Canada);

fiscal year , in relation to a board or a company under

Part 6.1, means the period beginning on July 1 and ending on the following June 30;

former Act means the School Act , R.S.B.C. 1979, c. 375, the Education (Interim) Finance Act , S.B.C. 1982, c. 2, or the School District Housing Act , R.S.B.C. 1979, c. 377, or a predecessor to any of those Acts;

francophone education authority means a francophone education authority established or continued under

section 166.12;

francophone educational program means an educational program, including, without limitation, linguistic and cultural components, designed for eligible children but does not include a course provided in the French language as part of an educational program that is designed for children other than eligible children;

francophone school means

a body of francophone students that is organized as a unit by a francophone education authority for educational purposes under the supervision of a francophone principal, francophone vice principal or francophone director of instruction,

the francophone teachers and other staff members associated with the unit, and

the facilities associated with the unit,

and includes a Provincial resource program and an online learning school operated by a francophone education authority;

francophone school district means an area prescribed under

section 166.12 (1) (

c) as the area over which a francophone education authority has jurisdiction;

francophone student means an eligible child or an immigrant child who is enrolled in a francophone educational program provided by a francophone education authority;

francophone teacher means a person holding a certificate of qualification who is employed by, or has a service contract with, a francophone education authority to provide francophone educational programs to francophone students in a francophone school, but does not include the directeur général of a francophone education authority, any assistant to that officer, a francophone principal, a francophone vice principal or a francophone director of instruction;

general school election means the elections referred to in

section 35;

guardian means a guardian within the meaning of the Family Law Act ;

immigrant means a person who

has been granted landing within the meaning of the Immigration and Refugee Protection Act (Canada),

has not become a Canadian citizen, and

has not, under the Immigration and Refugee Protection Act (Canada), ceased to be a permanent resident within the meaning of that Act;

immigrant child means a child who has an immigrant parent;

immigrant parent means an immigrant who, under

section 23 of the Canadian Charter of Rights and Freedoms , would, if the person were a citizen of Canada, have the right to have the person's children receive primary and secondary instruction in French in British Columbia;

improvements means improvements as defined in the Assessment Act ;

independent school means an independent school as defined in the Independent School Act ;

Indian means an Indian as defined in the Indian Act (Canada);

joint capital project means a capital project that consists of a capital plan project and a local capital project;

land means land as defined in the Assessment Act ;

literacy means the ability to understand and employ printed information in daily activities, at home, at work and in the community;

local capital expenditure means a capital expenditure with respect to a project that is

financed from the board's local capital reserve, or

included in the annual budget of a board and financed from

local revenue,

school referendum taxes, or

iii

the board's operating grant or other grants designated by the minister,

and includes a capital expenditure that was a local capital expense under this Act as it read immediately before this definition was enacted;

local capital project means an undertaking that is budgeted for as a local capital expenditure;

local revenue means all classes of revenue determined by the minister to be local revenue but does not include revenue from an operating grant or from school referendum taxes;

local trust area means a local trust area as defined in the Islands Trust Act ;

local trust committee means a local trust committee as defined in the Islands Trust Act ;

minister of finance means the minister responsible for the Financial Administration Act ;

minister of revenue means the minister responsible for the Income Tax Act ;

ministry means the ministry continued under

section 167 (1);

municipal school district means a school district in which a municipality or portion of a municipality is located;

newspaper means, in relation to a matter for which publication in a newspaper is required under this Act, a publication or local periodical that

contains items of news and advertising, and

is distributed at least weekly in the area that is affected by the matter;

non-resident property elector means, in relation to a trustee electoral area, a person who at the relevant time meets the qualifications under

section 41 in relation to the trustee electoral area;

occupier means an occupier as defined in the Assessment Act ;

online learning means a method of instruction that relies primarily on communication between students and teachers by means of the internet;

online learning school means a school or francophone school that offers instruction to its students through online learning only;

operating grant means a grant to a board or francophone education authority as determined under

section 106.3;

owner means,

with respect to real property in a municipality, an owner as defined in the Community Charter , and

with respect to real property in a rural area, an owner as defined in the Assessment Act ;

parent means, in respect of a student or of a child registered under

section 13,

a parent or other person who has guardianship or custody of the student or child, other than a parent or person who, under an agreement or order made under the Family Law Act that allocates parental responsibilities, does not have parental responsibilities in relation to the student's or child's education, or

a person who usually has the care and control of the student or child;

parents' advisory council means, in relation to a school, the parents' advisory council established for that school under

section 8;

participating First Nation has the same meaning as in the First Nations Jurisdiction over Education in British Columbia Act (Canada);

Provincial funding means the amount of Provincial funding established for a fiscal year under

section 106.2;

Provincial resource program means a program established by order of the minister and operated by a board or a francophone education authority;

Provincial school means

a body of students organized as a unit for educational purposes at an educational institution that is

directly operated and maintained by the minister, and

under the supervision of a principal,

the staff members associated with the unit, and

the facilities associated with the unit;

resident elector means, in relation to a trustee electoral area, a person who, at the relevant time, meets the qualifications under

section 40 in relation to the trustee electoral area;

residential , with respect to land and improvements, means residential within the meaning of the regulations under the Assessment Act ;

rural area means that part of a school district not within the boundaries of a municipality;

rural school district means a school district no part of which is in a municipality;

school means

a body of students that is organized as a unit for educational purposes under the supervision of a principal, vice principal or director of instruction,

the teachers and other staff members associated with the unit, and

the facilities associated with the unit,

and includes a Provincial resource program and an online learning school operated by a board;

school age means the age between the date on which a person is permitted under

section 3 (1) to enrol in an educational program provided by a board and the end of the school year in which the person reaches the age of 19 years;

school district means an area created or constituted as a school district under this Act or a former Act;

school referendum tax means a tax to raise money approved by a referendum under

section 112;

school tax means a tax under this Act other than a school referendum tax;

school year means the period beginning on July 1 and ending on the following June 30;

secrétaire trésorier means an individual appointed as the secrétaire trésorier of a francophone education authority under

section 166.27;

standard educational program means an educational program described in

section 82 (1) and (2.1), including

an educational program provided according to the terms of an individual education plan;

student means a person enrolled in an educational program provided by a board and, if a

section or subsection refers to a Provincial school, includes a person enrolled in the Provincial school for the purposes of that

section or subsection;

student record means a record of information in written or electronic form pertaining to

a student or francophone student, or

a child registered under

section 13 with a school or francophone school,

but does not include

a record prepared by a person if that person is the only person with access to the record, or

a record of a report under

section 14 (1) or 16 (3) (

b) of the Child, Family and Community Service Act or of information that forms the basis for a report under

section 14 (1) of that Act;

superintendent of appeals means the person designated or appointed by the minister under

section 11.1 (0.1);

supervise , in the context of a teacher or francophone teacher providing an educational program or francophone educational program by means of online learning, means to supervise the student's progress through the educational program;

teacher means a person holding a certificate of qualification who is employed by a board to provide an educational program to students in a school, but does not include a person appointed by a board as superintendent of schools, assistant superintendent of schools, principal, vice principal or director of instruction;

teachers' union means a teachers' union or the Provincial union as defined in the Public Education Labour Relations Act ;

trustee means a member of a board;

trustee election means an election for one or more trustees for a trustee electoral area;

trustee electoral area means the area from which one or more trustees are to be elected, as established under this or a former Act.

A child who is registered under

section 13 is deemed not to be enrolled in an educational program provided by a board or a francophone education authority.

In the context of an online learning school, a reference to available space and facilities is to be read as a reference to the capacity of the school to deliver an educational program.

For the purposes of this Act, a student is enrolled in an educational program provided by a board, or a francophone educational program provided by a francophone education authority, even if the student receives only a part of the student's educational program or francophone educational program from that board or francophone education authority.

Students and Parents

Students

Access to educational program

Subject to

section 74.1, a person is entitled to enrol in an educational program provided by the board of a school district if the person

is of school age, and

is resident in that school district.

Subject to

section 74.1, a person may enrol in an educational program provided by a board of a school district and attend any school in British Columbia if

the person is of school age,

the person is resident in British Columbia, and

the board providing the educational program determines that space and facilities are available for the person at the school in which the educational program is made available.

Entry to educational program

Subject to subsections (2) and (3), a person who is resident in British Columbia must

enrol in an educational program

provided by a board,

in the case of an eligible child, provided by a board or a francophone education authority, and

iii

in the case of an immigrant child, provided by a board or, if the child is permitted to enrol with a francophone education authority under

section 166.24, provided by that francophone education authority,

on the first school day of a school year if, on or before December 31 of that school year, the person will have reached the age of 5 years, and

participate in an educational program provided by a board or, in the case of an eligible child or an immigrant child, by a board or a francophone education authority until the person reaches the age of 16 years.

A parent of a child referred to in subsection (1) (

a) may defer the enrolment of the parent's child until the first school day of the next school year.

This

section does not apply if the person

is attending one of the following:

an independent school;

a Provincial school;

iii

is registered under

section 13, or

is participating in a kindergarten to grade 12 program of studies provided by a treaty first nation under its own laws.

Enrolment — online learning

3.1

A student who is enrolled in an educational program provided by a board or a francophone student who is enrolled in a francophone educational program provided by a francophone education authority may, subject to

section 2 (2), enrol in one or more

educational programs offered by another board or by an authority under the Independent School Act , or

francophone educational programs offered by another francophone education authority

if the other educational programs or francophone educational programs, as applicable, are delivered, in whole or in part, through online learning.

Despite subsection (1), a student does not acquire a right under this

section to enrol with a francophone education authority if the student is not otherwise entitled or permitted under this Act to enrol with a francophone education authority.

Consultation

A student is entitled to consult with a teacher, principal, vice principal or director of instruction with regard to that student's educational program.

Language of instruction

Subject to the approval of the minister, a board may permit an educational program to be provided in a language other than as provided under subsections (1) and (2).

The Lieutenant Governor in Council may make regulations

to give effect to

section 23 of the Canadian Charter of Rights and Freedoms , and

determining the manner in which a power, duty or function of a board may be performed or exercised under this Act with respect to students referred to in subsection (2).

For the purposes of subsection (4), the Lieutenant Governor in Council may make different regulations for different circumstances.

Duties of students

A student must comply

with the school rules authorized by the principal of the school or Provincial school attended by the student, and

with the code of conduct and other rules and policies of the board or the Provincial school.

A student attending a school or a Provincial school must participate in an educational program as directed by the board or by the principal of the Provincial school.

Parents

Parents' entitlements and responsibilities

A parent of a student of school age attending a school is entitled

to be informed, in accordance with the orders of the minister, of the student's attendance, behaviour and progress in school, and

[Repealed 2015-24-5.]

to belong to a parents' advisory council established under

section 8.

A parent of a student of school age attending a school may, and at the request of a teacher, principal, vice principal or director of instruction must, consult with the teacher, principal, vice principal or director of instruction with respect to the student's educational program.

Parent volunteers

7.1

Subject to this Act, the regulations and any rules of a board, a parent of a student may provide volunteer services at or for a school.

Parents' advisory council

Parents of students of school age attending a school or a Provincial school may apply to the board or to the minister, as the case may be, to establish a parents' advisory council for that school.

On receipt of an application under subsection (1), the board or minister must establish a parents' advisory council for the school or the Provincial school.

There must be only one parents' advisory council for each school or Provincial school.

A parents' advisory council, through its elected officers, may advise the board and the principal and staff of the school or the Provincial school respecting any matter relating to the school or the Provincial school.

A parents' advisory council, in consultation with the principal, must make bylaws governing its meetings and the business and conduct of its affairs, including bylaws governing

the dissolution of the parents' advisory council, and

[Repealed 2015-24-6.]

the election of a member to represent the parents' advisory council on the district parents' advisory council.

Voting at an election referred to in subsection (5) (

c) must be by secret ballot.

Repealed

8.1

[Repealed 2015-24-7.]

Repealed

8.2

[Repealed 2015-24-7.]

School plan

8.3

In each school year, a board must approve a school plan for every school in the school district.

A board must make a school plan approved under subsection (1) available to the parents of students attending that school.

District parents' advisory council

8.4

A parents' advisory council, through its elected officers, may apply to the board for the establishment of a district parents' advisory council.

On receipt of an application under subsection (1), the board must establish a district parents' advisory council for the school district consisting of representatives elected to the council under subsection (3).

Each parents' advisory council in a school district may elect annually one of its members to be its representative on the district parents' advisory council for a term of not more than one year.

There must be only one district parents' advisory council for each school district.

Purpose and operation of district parents' advisory council

8.5

Subject to

section 67 (5.1), the district parents' advisory council may advise the board on any matter relating to education in the school district.

A district parents' advisory council must make bylaws governing its meetings and the business and conduct of its affairs, including bylaws governing the dissolution of the council.

A superintendent of schools for the school district, a designate of the superintendent or a trustee of the school district may attend any meeting of the district parents' advisory council.

Joint Rights and Duties

Examination of student records

A student and the parents of a student of school age are entitled,

on request and while accompanied by the principal or a person designated by the principal to interpret the records, to examine all student records kept by a board pertaining to that student, and

on request and on payment of the fee, if any, charged under subsection (2), to receive a copy of any student record that they are entitled to examine under paragraph (a).

A board may, for any copies of student records provided under subsection (1) (b), charge a fee that does not exceed the cost to the board of providing the copies.

Liability for damage to property

If property of a board or a francophone education authority is destroyed, damaged, lost or converted by the intentional or negligent act of a student or a francophone student, that student and that student's parents are jointly and severally liable to the board or francophone education authority in respect of the act of that student.

Appeals

In subsections (2) and (4), decision includes the failure of an employee to make a decision.

If a decision of an employee of a board significantly affects the education, health or safety of a student, the parent of the student or the student may, within a reasonable time from the date that the parent or student was informed of the decision, appeal that decision to the board.

For the purposes of hearing appeals under this section, a board must, by bylaw, establish an appeal procedure.

A board may refuse to hear an appeal under this

section unless the appellant discusses the decision under appeal with one or more persons as directed by the board.

A board may establish one or more committees for the purpose of investigating appeals under this section.

A board may make any decision that it considers appropriate in respect of the matter that is appealed to it under this

section and, subject to

section 11.1 (1), the decision of the board is final.

A board must

make a decision under this

section within 45 days of the date on which the board receives the appeal, and

promptly report that decision to the person making the appeal.

Appeal to superintendent of appeals

11.1

0.1

The minister may

designate an individual appointed under the Public Service Act , or

appoint, by order, an individual who is not appointed under the Public Service Act

as a superintendent of appeals to hear an appeal under this section.

0.2

The Public Service Act and the Public Service Labour Relations Act do not apply to an individual appointed under subsection (0.1) (b).

Subject to the regulations, a decision of a board made under

section 11 (6) or a reconsideration by a board under

section 11.5 may be appealed to a superintendent of appeals.

An appeal under this

section is a new hearing.

An appeal under this

section does not suspend the operation of a decision under appeal unless the superintendent of appeals otherwise orders under

section 11.3.

Superintendent of appeals

11.2

On receipt of an appeal under

section 11.1, a superintendent of appeals may

refer the matter for mediation or adjudication, to a mediator or adjudicator under contract with the minister or a person designated by the minister, or

summarily dismiss all or part of the appeal.

A superintendent of appeals must exercise the discretion under subsection (1) in accordance with guidelines established by the minister.

If a superintendent of appeals has referred a matter for mediation, the superintendent of appeals may refer the matter to an adjudicator for determination if

mediation is unsuccessful in bringing about agreement between the parties, or

a party so requests.

A superintendent of appeals may, subject to the orders of the minister, establish practices and procedures for the purposes of subsection (1).

Board decision may be suspended

11.3

A person who files an appeal under

section 11.1 may request the superintendent of appeals to suspend the operation of the decision under appeal.

The superintendent of appeals may, on the superintendent of appeals' own initiative or at the request of a person under subsection (1), suspend the decision for the period and on the conditions the superintendent of appeals considers to be appropriate.

Adjudication of appeals

11.4

On receipt of an appeal referred by a superintendent of appeals under

section 11.2, an adjudicator may

confirm, vary or revoke the decision under appeal,

refer the matter back to the board for reconsideration, with or without directions, or

dismiss all or part of the appeal.

In adjudicating an appeal under subsection (1), an adjudicator must not make a decision that would result in a board being in breach of

section 76.1 (2.1) or (2.4).

An adjudicator may, subject to the orders of the minister, establish practices and procedures for the hearing of an appeal.

Reconsideration by board

11.5

If an adjudicator refers a matter back to a board under

section 11.4 (1) (b), the adjudicator may

request that the board review specific issues in its reconsideration, and

require the board to complete its reconsideration by a certain date.

Decision final

11.6

A decision of a superintendent of appeals under

section 11.2 (1) (b), or of an adjudicator under

section 11.4 (1), is final and binding on the parties.

Application of the Administrative Tribunals Act

11.7

The following provisions of the Administrative Tribunals Act apply to a superintendent of appeals and adjudicator for the purposes of an appeal under

section 11.1 of this Act as if the superintendent of appeals or adjudicator were a tribunal under the Administrative Tribunals Act :

section 29 [disclosure protection] ;

section 31 [summary dismissal] ;

section 34 (3) and (4) [power to compel witnesses and order disclosure] ;

section 36 [form of hearing of application] ;

section 38 [examination of witnesses] ;

section 44 [tribunal without jurisdiction over constitutional questions] ;

section 45 [tribunal without jurisdiction over Canadian Charter of Rights and Freedoms] ;

g.1

section 46.3 [tribunal without jurisdiction to apply the Human Rights Code] ;

section 58 [standard of review if tribunal's enabling Act has privative clause] ;

section 61 [application of Freedom of Information and Protection of Privacy Act ] .

Immunity protection for superintendent of appeals, mediator or adjudicator

11.8

Section 56 of the Administrative Tribunals Act applies to a superintendent of appeals, mediator or adjudicator for the purposes of an appeal under

section 11.1 of this Act as if the superintendent, mediator or adjudicator were a tribunal under the Administrative Tribunals Act .

Home Education

Home education

A parent of a child who is required to enrol in an educational program under

section 3

may educate the child at home or elsewhere in accordance with this Division, and

must provide that child with an educational program.

Registration

A parent of a child who is required under

section 12 to provide the child with an educational program must register the child on or before September 30 in each year with

a school of the parent's choice that is operating in British Columbia,

a.1

if the child is an eligible child, a school referred to in paragraph (

a) or (c), or a francophone school of the parent's choice that is operating in the francophone school district in which the parent resides,

a.2

if the child is an immigrant child, a school referred to in paragraph (

a) or (c), or a francophone school of the parent's choice that is operating in the francophone school district in which the parent resides but only if the francophone education authority responsible for that school permits the parent to register that child, or

[Repealed 2006-21-8.]

an independent school operating in British Columbia.

If, in accordance with subsection (1), a parent is entitled to register the parent's child with a school or, in the case of an eligible child or immigrant child, with a francophone school,

the board that has jurisdiction over the school must ensure that the principal, vice principal or director of instruction responsible for that school registers the child, or

the francophone education authority that has jurisdiction over the francophone school must ensure that the francophone principal, francophone vice principal or francophone director of instruction of that francophone school registers the child.

A school or francophone school that registers a child under this

section must provide the child with access to educational services in accordance with the regulations.

A person who contravenes subsection (1) commits an offence.

Power to report

A person who believes that a child who is required to be registered under

section 13 is not so registered may report that belief to the superintendent of schools for the school district in which that child resides.

1.1

A person who believes that a child who is being educated in accordance with

section 12 is not receiving an educational program may report that belief

in the case of a child registered under

section 13 with a francophone school, to the directeur général of the francophone education authority for the francophone school district in which that child resides, and

in the case of a child registered under

section 13 with a school, an independent school or the minister, to the superintendent of schools for the school district in which that child resides.

On receipt of a report under this section, the superintendent or directeur général must take such action as is required by the orders of the minister.

No action lies against

a person making a report under subsection (1) or (1.1), or

the superintendent or directeur général in respect of an action taken under subsection

(2) unless the report is made or the action is taken maliciously.

School Personnel

General

Employees

A board may employ and is responsible for the management of those persons that the board considers necessary for the conduct of its operation.

A board must formulate policies for evaluating employees who are not covered by a collective agreement.

Subject to subsections (4) and (5), a board must not dismiss, suspend or otherwise discipline an employee covered by a collective agreement except for just and reasonable cause.

A board may suspend an employee from the performance of the employee's duties if the employee is charged with an offence that the board considers renders the employee unsuitable to perform those duties.

If the superintendent of schools is of the opinion that the welfare of the students is threatened by the presence of an employee, the superintendent may suspend the employee, with pay, from the performance of the employee's duties.

When the superintendent suspends an employee under subsection (5), the superintendent must immediately notify the board.

When the board is notified under subsection (6), it must as soon as practicable confirm, vary or revoke the suspension and must, if the board confirms and continues the suspension, determine whether the continuation of the suspension should be with or without pay.

Report of dismissal, suspension and discipline regarding authorized persons

In this section, authorized person means a certificate holder or a person holding a letter of permission issued under the Teachers Act , but does not include a superintendent.

If a superintendent of schools suspends an authorized person, the superintendent must without delay send to the commissioner a report regarding the suspension.

If a board

suspends or dismisses an authorized person, or

disciplines an authorized person for misconduct that involves

physical harm to a student or minor,

sexual abuse or sexual exploitation of a student or minor, or

iii

significant emotional harm to a student or minor,

the board must without delay notify the superintendent of schools of the suspension, dismissal or disciplinary action, and the superintendent must without delay send to commissioner a report regarding the suspension, dismissal or disciplinary action.

A report referred to in subsection (2) or (3) must

be in writing,

be signed by the superintendent of schools, and

include reasons for the action taken by the board or superintendent.

The superintendent of schools must send a copy of a report referred to in subsection (2) or (3) to the authorized person who is suspended, dismissed or disciplined.

If the superintendent of schools considers any conduct by, or the competence of, an authorized person to be in breach of the certification standards, the superintendent must send to the commissioner a report, in writing, regarding that conduct or competence if it is in the public interest to do so.

The superintendent of schools must send a copy of the report referred to in subsection (6) to the authorized person whose conduct or competence is the subject of that report.

If an authorized person resigns, the superintendent of schools must

report, without delay, the circumstances of the resignation to the commissioner if it is in the public interest to report the matter, and

send to the authorized person who resigned a copy of the report.

A superintendent of schools who has made a report to the commissioner under this

section in respect of an authorized person must, without delay after being requested to do so by the commissioner,

provide the commissioner all of the records available to the superintendent that relate to the matter in respect of which the report was made, and

send to the authorized person a copy of the records referred to in paragraph (a).

A superintendent of schools who fails to report as required under subsection (2), (3) or (8) commits an offence.

Report of dismissal, suspension and discipline regarding superintendents

16.1

If a board

suspends or dismisses a superintendent of schools, or

disciplines a superintendent of schools for conduct referred to in

section 16 (3) (b),

the board must without delay send to the commissioner a report regarding the suspension, dismissal or disciplinary action.

The report referred to in subsection (1) must

be in writing,

be signed by the chair of the board, and

include reasons for the action taken by the board.

The board must send to the superintendent of schools a copy of the report referred to in subsection (1).

If the board considers any conduct by, or the competence of, a superintendent of schools to be in breach of the certification standards, the board must send to the commissioner a report, in writing, regarding that conduct or competence if it is in the public interest to do so.

The board must send to the superintendent of schools a copy of the report sent to the commissioner under subsection (4).

If a superintendent of schools resigns, the board must

report, without delay, the circumstances of the resignation to the commissioner if it is in the public interest to do so, and

send to the superintendent a copy of the report.

A board that has made a report to the commissioner under this

section in respect of a superintendent of schools must, without delay after being requested to do so by the commissioner,

provide the commissioner all of the records available to the board that relate to the matter in respect of which the report was made, and

send to the superintendent a copy of the records referred to in paragraph (a).

Teachers' responsibilities

A teacher's responsibilities include designing, supervising and assessing educational programs and instructing, assessing and evaluating individual students and groups of students.

Teachers must perform the duties set out in the regulations.

Teachers' assistants

A board may employ persons other than teachers to assist teachers in carrying out their responsibilities and duties under this Act.

Persons employed under subsection (1) must work under the general supervision of a teacher, principal, vice principal or director of instruction.

Employee qualifications

Subject to subsection (2), a board must not employ a person as a teacher, principal, vice principal, director of instruction, superintendent of schools or assistant superintendent of schools unless that person

holds a certificate of qualification as a teacher, or

holds a letter of permission to teach issued under the Teachers Act .

A board may employ a person who possesses qualifications approved by the board, but does not meet the requirements of subsection (1), if that person is

employed for 20 or fewer consecutive teaching days and teaching a particular class or classes where no teacher holding a certificate of qualification is available, or

instructing a general interest course that is not leading to school graduation.

Principal, vice principal and director of instruction

A board may appoint a person as a principal, vice principal or director of instruction to perform the duties and have the powers set out in the regulations.

A principal, vice principal or director of instruction is not an employee within the meaning of the Labour Relations Code .

A principal, vice principal or director of instruction who is responsible for evaluating a teacher in a specialized assignment may

consult with a resource person who has relevant specialized technical knowledge, and

use information obtained from the consultation in the evaluation.

Offer of teaching position and seniority

When a board of a school district

does not intend to renew the contract of a principal, vice principal or director of instruction in the school district, or

intends to dismiss a principal, vice principal or director of instruction other than for cause,

the board must offer the principal, vice principal or director of instruction a teaching position in the school district before the expiry of the contract or the effective date of the dismissal.

If a person is appointed as a principal, vice principal or director of instruction in a school district and is subsequently offered a teaching position in that school district, the person is, for the purposes of seniority only, deemed to have been a teacher in that school district both during the period that the person was employed as a principal, vice principal or director of instruction and during the period that the person was employed as a teacher in that school district.

Superintendent of schools

A board must appoint a superintendent of schools for the school district who, under the general direction of the board,

has general supervision and direction over the educational staff employed by the board of that school district,

is responsible

to the board, for improvement of student achievement in that school district,

for the general organization, administration, supervision and evaluation of all educational programs provided by the board, and

iii

for the operation of schools in the school district, and

b.1

[Repealed 2015-24-11.]

must perform other duties set out in the regulations.

A board may appoint one or more assistant superintendents of schools to perform those duties assigned by the superintendent of schools for that school district.

[Repealed 2015-24-11.]

Secretary treasurer

A board must

appoint a secretary treasurer of the board, and

arrange for the bonding of the secretary treasurer in an amount the board considers adequate.

The secretary treasurer of a board is its corporate financial officer and must perform those duties set out in the regulations.

Notification of appointment

A board must promptly notify the minister of an appointment or the termination of an appointment of a superintendent of schools or secretary treasurer.

Act prevails

Powers or duties assigned to a person by a board do not abridge or impair the powers or duties assigned to the person under this Act.

Powers to suspend

A principal, vice principal or director of instruction of a school or the superintendent of schools may suspend a student of the school if

the rules made under

section 85 (2) (

c) by the board operating the school do not provide otherwise, and

the suspension is carried out in accordance with those rules.

Board use of volunteers

26.1

A board must not use a volunteer to provide services that would result in the displacement of an employee.

A provision of a collective agreement between a board and employees, including a teachers' collective agreement, that limits the use of volunteers in a manner other than as described in subsection (1) is void.

Teachers' Collective Agreements

the provisions of this Act and the regulations,

A provision of an agreement referred to in subsection (1) (

b) excluding or purporting to exclude the provisions of this Act or the regulations is void.

There must not be included in a teachers' collective agreement any provision

regulating the selection and appointment of teachers under this Act, the courses of study, the program of studies or the professional methods and techniques employed by a teacher,

restricting or regulating the assignment by a board of teaching duties to principals, vice principals or directors of instruction, or

limiting a board's power to employ persons other than teachers to assist teachers in the carrying out of their responsibilities under this Act.

d) to (j

[Repealed RS1996-412-27 (7).]

Subsection (3) does not prevent a teachers' collective agreement from containing a provision respecting hiring preferences for teachers who have previously been employed by the board.

A provision of a teachers' collective agreement that conflicts or is inconsistent with subsection (3) is void to the extent of the conflict or inconsistency.

A provision of a teachers' collective agreement that

requires the employers' association to negotiate with the Provincial union, as defined in the Public Education Labour Relations Act , to replace provisions of the agreement that are void as a result of subsection (5), or

authorizes or requires the Labour Relations Board, an arbitrator or any person to replace, amend or modify provisions of the agreement that are void as a result of subsection (5),

is void to the extent that the provision relates to a matter described in subsection (3).

Subsection (3) (

d) to (

j) is repealed on June 30, 2013.

Repealed

27.1

[Repealed 2004-16-3.]

Scope of bargaining

The Provincial union, as defined in the Public Education Labour Relations Act , may, on matters in respect of which a board has been given power or discretion under this Act, enter into a collective agreement containing provisions respecting

the manner in which the power or the discretion may be exercised, and

the consequences that flow from the exercise of the power or discretion.

Despite subsection (1), if this Act or the regulations contain provisions that limit or restrict any matter described in subsection (1) (

a) or (b), those provisions prevail over the collective agreement in the event of a conflict.

For certainty and despite any decision of a court to the contrary made before or after the coming into force of this subsection, nothing in this

section is to be construed as authorizing a board or the Provincial union to enter into a collective agreement that includes a provision that is prohibited under

section 27 (3) or void under

section 27 (2), (5) or (6).

Application of the Labour Relations Code

If there is a conflict between the Labour Relations Code or the application of the Labour Relations Code to teachers and this Act, this Act prevails, but nothing in this Act limits

the right of the Provincial union, as defined in the Public Education Labour Relations Act , to declare or authorize a strike, or

the right of the employers' association to declare or authorize a lockout,

subject always to the provisions of the Labour Relations Code .

School Trustees

Establishment of Boards of Education

Composition of board

There is to be a board of education for each school district.

A board consists of 3, 5, 7 or 9 trustees, as determined by order of the minister under this section.

The minister must, by order, establish the following for each school district:

the number of trustees for the school district;

whether trustees are to be elected

from the school district at large, in which case the school district is the trustee electoral area,

from a number of trustee electoral areas specified by the minister that are in total the entire school district, or

iii

in another manner that is a combination of the methods under subparagraphs (

i) and (ii);

if there is more than one trustee electoral area, the number of trustees to be elected from each.

The minister may, by order, vary an order under subsection (3) and may determine the manner in which and the times at which the new trustees under the variation order are to be appointed or elected.

If the minister reduces the number of trustees for a board, the order reducing the number of trustees becomes effective for the following general school election.

An order under subsection (3) or (4) must be published in the Gazette.

Unless an order under this

section provides otherwise, the election of trustees for School District No. 39 (Vancouver) must be an election from the school district at large.

An order under this Act or a former Act that establishes the number of trustees for a school district and the area or areas from which they are to be elected is deemed to be an order under this section.

First members of board

As an exception to

section 30 when a new school district is created, the minister must, by order, determine whether the first trustees of the school district are to be appointed by the minister or elected.

If the minister determines that the first trustees are to be elected, the trustee election must be held as directed by order of the minister.

The term of office of a trustee appointed or elected under this

section begins when the person takes office in accordance with

section 50 (3) following the appointment or election and ends at the time referred to in

section 49 (b).

When a new school district is created wholly or in part by the union of 2 or more existing school districts, or as a result of the division of a school district into 2 or more smaller school districts, and trustees are being elected or appointed to constitute the board or boards of the newly formed school district or districts, the Lieutenant Governor in Council may terminate the terms of office of all the trustees in the former school districts.

Trustee Qualifications

Who may hold office

Except as provided in this Division, a person is qualified to be nominated for office and to be elected or appointed to and hold office as a trustee if, at the relevant time, the person meets all the following requirements:

the person must be an individual who is, or who will be on general voting day for the election or the effective date of the appointment, as applicable, age 18 or older;

the person must be a Canadian citizen;

the person must have been a resident of British Columbia, as determined in accordance with

section 42, for at least 6 months immediately before the relevant time;

the person must not be disqualified under this Act or any other enactment from being nominated for, being elected to or holding office as a trustee, or be otherwise disqualified by law.

A person whose term of office as trustee has expired or is about to expire is eligible for re-election if the person is otherwise qualified to be a trustee.

At any one time, a person is not eligible to be nominated for or elected as trustee for more than one trustee electoral area for any one school district.

Disqualifications

Without limiting

section 32 (1) (d), the following persons are disqualified from being nominated for, being elected to or holding office as a trustee:

a person who is disqualified under

section 34 as an employee of a board, except as authorized under that section;

a person who is disqualified under

section 52 (1) [failure to make oath or affirmation of office] , or

section 52 (2) [unexcused absence from board meetings] ;

b.1

a person who is disqualified under the Local Elections Campaign Financing Act from holding office on a local authority;

a person who is disqualified from holding office under

Division 18 [Election Offences] of

Part 3 of the Local Government Act as it applies under this Act, that Act or any other Act, or

Division (17) of

Part I of the Vancouver Charter , as it applies under this Act, that Act or any other Act;

a person who holds office as a regional trustee of a francophone education authority under

Part 8.1.

Disqualification of board employees

For the purposes of this section, employee means

an employee or salaried officer of a board, or

a person who is within a class of persons deemed by regulation to be employees of a specified board,

but does not include a person who is within a class of persons excepted by regulation.

Unless the requirements of this

section are met, an employee of a board is disqualified from being nominated for, being elected to or holding office as a trustee on the same board.

Before being nominated for office as trustee, the employee must give notice in writing to the employee's employer of the employee's intention to consent to the nomination.

Once notice is given under subsection (3), the employee is entitled to and must take a leave of absence from the employee's position with the employer for a period that, at a minimum,

begins on the first day of the nomination period or the date on which the notice is given, whichever is later, and

ends, as applicable,

if the person is not nominated before the end of the nomination period, on the day after the end of that period,

if the person withdraws as a candidate in the election, on the day after the withdrawal,

iii

if the person is declared elected, on the day the person resigns in accordance with subsection (7) or on the last day for taking office before the person is disqualified under

section 52,

if the person is not declared elected and no application for judicial recount is made, on the last day on which an application for a judicial recount may be made, or

if the person is not declared elected and an application for judicial recount is made, on the date when the results of the election are determined by or following the judicial recount.

If agreed by the employer, as a matter of employment contract or otherwise, the leave of absence under this

section may be for a period longer than the minimum required by subsection (4).

Sections 54 and 56 of the Employment Standards Act apply to a leave of absence under this section.

Before making the oath of office under

section 50, an employee on a leave of absence under this

section who has been elected must resign from the person's position with the employer.

At the option of the employee, a resignation under subsection (7) may be conditional on the person's election not being declared invalid on an application under

section 153 of the Local Government Act or

section 115 of the Vancouver Charter , as those sections apply to trustee elections.

Elections

General school election

Elections of all trustees, to be known collectively as a general school election, must be held in the year 2014 and in every 4th year after that.

General voting day for the general school election must be on the 3rd Saturday of October in the year of the election.

By-elections

Except as permitted under subsection (2), an election must be held to fill a vacancy on a board that occurs in any of the following circumstances:

a person elected or appointed as trustee dies before taking office or a trustee dies while holding office;

a trustee resigns under

section 51;

the office is declared vacant on the final determination of an application under

section 153 of the Local Government Act or under

section 115 of the Vancouver Charter , as those sections apply to trustee elections, or a candidate affected by an application under one of those sections renounces claim to the office;

c.1

the office becomes vacant under any of the following sections of the Local Elections Campaign Financing Act :

section 64 (2) (a) [candidate penalties for failure to disclose] ;

section 65 (1) (a) [candidate penalties for false or misleading disclosure] ;

iii

section 65.1 (1) [endorsed candidate penalties for elector organization failing to file disclosure documents or disclosing false or misleading information] ;

section 68.01 (3) [candidate penalties for exceeding expense limits or amount available] ;

the office becomes vacant under

section 52 or 53;

the office is declared vacant on the final determination of an application under

section 54 (1) or 63 (1).

If a vacancy occurs after January 1 in the year of a general school election, the board may hold the vacancy open until the election as long as at least 3 trustees continue to hold office.

Within 30 days after a vacancy occurs for which an election is to be held, the board must do the following:

in the case of a trustee election required to be conducted by the board, appoint a chief election officer;

in the case of a trustee election required to be conducted by a municipality, notify the municipal council of the election;

for an election under paragraph (

a) or (b), notify the minister of the election.

3.1

In the case of a trustee election required to be conducted by a municipality, the municipal council must appoint a chief election officer within 30 days after being notified under subsection (3) (b).

3.2

As soon as practicable after an appointment under subsection (3) (

a) or (3.1), the chief election officer must notify the BC chief electoral officer of the election.

The chief election officer must set a general voting day for the trustee election, which must be on a Saturday no later than 80 days after the date the chief election officer was appointed.

If fewer than 3 trustees continue to hold office, the board must hold a trustee election or notify the minister, who must appoint persons as trustees to fill the vacancies.

If a trustee election is not held as required under this Act, or if the electors fail to elect the number of trustees that are to be elected, the minister may appoint persons as trustees to fill the vacancies.

The term of office of a trustee elected or appointed under this

section begins when the person takes office in accordance with

section 50 (2) following the election or appointment and ends at the time referred to in

section 49 (b).

Responsibility for conducting elections

If a trustee electoral area is all or part of a single municipality, the municipal council must conduct the trustee elections in the trustee electoral area.

If a trustee electoral area includes both all or part of a single municipality and all or part of a rural area, the minister, on request of the board for the school district, may order that the municipal council must conduct the trustee elections for the trustee electoral area.

Except as provided in subsection (1) or (2), the board must conduct the trustee elections for its school district.

Subsection (5) applies to municipalities that, immediately before June 15, 1993, were subject to an order under this Act or a former Act that deemed a rural area or part of a rural area to be within the boundaries of a municipality for the purpose of electing trustees.

A rural area or part of a rural area that was deemed by an order referred to in subsection (4) to be within the boundaries of a municipality, together with the municipality, are deemed to be a trustee electoral area to which an order under subsection (2) applies.

Costs of trustee election conducted by municipality

For a trustee election conducted by a municipality under

section 37 (1) as part of a general school election, the board must reimburse the municipality for any costs of the trustee election that are additional to the costs, if any, incurred by the municipality in conducting a local government election or assent voting at the same time as the trustee election.

The Lieutenant Governor in Council may, by regulation, prescribe costs that must or must not be considered additional for the purposes of subsection (1).

For a trustee election conducted by a municipality, other than one referred to in subsection (1), the board must reimburse the municipality for the costs necessarily incurred by the municipality in conducting the election.

A board may enter into an agreement with a local government referred to in

section 57 of the Local Government Act or

section 13 of the Vancouver Charter , under which one party to the agreement conducts an election for the other, or in conjunction with an election of the other, in accordance with the terms of the agreement.

A board that is a party to an agreement under subsection (4) may, by bylaw, provide that the bylaws of the local government respecting elections apply to trustee elections conducted under the agreement.

An agreement referred to in subsection (4) may provide for a party to conduct only some of the election proceedings for or in conjunction with the other party.

An election to which an agreement referred to in subsection (6) applies is valid despite the agreement and any bylaws in relation to it having the effect of creating differences in election proceedings between different parts of the trustee electoral area or other area for which an election is held.

Without limiting subsection (6), an agreement referred to in that subsection may allow a board or local government to restrict the persons who may vote at the election proceedings conducted under the agreement to persons who are entitled to be registered as electors in relation to a specified part of the trustee electoral area or other area for which the election is held.

If a restriction under subsection (8) applies, on any day on which an advance voting opportunity conducted under the agreement is open to electors of only part of a trustee electoral area, an advance voting opportunity must be open to all electors of the trustee electoral area on the same day.

So long as any required advance voting opportunities are provided, no bylaw is necessary for an advance voting opportunity required by subsection (9), and the voting opportunity may be held at the place and for the voting hours established by the chief election officer.

The chief election officer must give notice of a voting opportunity to which subsection (10) applies in any manner the chief election officer considers appropriate, including in the notice the date, place and voting hours for the voting opportunity.

Electors

Who may vote at an election

In order to vote in a trustee election, a person

must meet the qualifications under

section 40 (1) (

a) to (

e) as a resident elector or

section 41 (1) (

a) to (

f) as a non-resident property elector,

must not be disqualified by this Act or any other enactment from voting in the election or be otherwise disqualified by law, and

must be registered as or deemed to be registered as an elector of the trustee electoral area for which the election is being held.

The following persons are disqualified from voting at a trustee election:

a person who has not completed the sentence for an indictable offence, unless the person is released on probation or parole and is not in custody;

a person who is involuntarily confined to a psychiatric or other institution as a result of being acquitted of or found not criminally responsible for an offence under the Criminal Code on account of mental disorder;

[Repealed 2014-19-99.]

a person who has contravened

section 161 (3) of the Local Government Act or

section 123 (3) of the Vancouver Charter , as those sections apply to trustee elections, in relation to the election.

2.1

In addition to the persons referred to in subsection (2), a person who has filed a declaration under

section 166.14 (5) is disqualified from voting at a trustee election to which the declaration applies.

For clarification, no corporation is entitled to be registered as an elector or have a representative registered as an elector and no corporation is entitled to vote.

A person must not vote more than once in a trustee election for any one school district.

A person must not vote at a trustee election unless entitled to do so.

Resident electors

In order to vote as a resident elector of a trustee electoral area, a person must meet all the following requirements at the time of voting:

the person must be an individual who is, or who will be on general voting day for the trustee election, 18 years of age or older;

the person must be a Canadian citizen;

the person must have been a resident of British Columbia, for at least 6 months immediately before that day;

the person must be a resident of the trustee electoral area for which the election is held;

the person must not be disqualified by this Act or any other enactment from voting in a trustee election or be otherwise disqualified by law.

[Repealed 2021-5-82.]

Non-resident property electors

In order to vote as a non-resident property elector for a trustee electoral area, a person must meet all the following requirements at the time of voting:

the person must not be a resident elector of that or any other trustee electoral area of the school district;

the person must be an individual who is, or who will be on general voting day for the trustee election, age 18 or older;

the person must be a Canadian citizen;

the person must have been a resident of British Columbia for at least 6 months immediately before that day;

the person must have been the registered owner of real property in the trustee electoral area for at least 30 days immediately before that day;

e.1

the only persons who are registered owners of the real property, either as joint tenants or tenants in common, are individuals who are not holding the property in trust for a corporation or another trust;

the person must not be disqualified by this Act or any other enactment from voting in a trustee election or be otherwise disqualified by law.

A person may only register as a non-resident property elector in relation to one parcel of real property in a school district.

If the boundaries of a school district or trustee electoral area are extended, a person is deemed to have satisfied the requirement of subsection (1) (

e) if, for at least 30 days before the person applies for registration as an elector, the person has been a registered owner of property within the trustee electoral area in which the property is located.

For the purposes of this section, the registered owner of real property means whichever of the following is applicable:

the owner of a registered estate in fee simple of the property, unless another person holds an interest in the property referred to in paragraphs (

b) to (d);

the holder of the last registered agreement for sale, unless another person holds an interest in the property referred to in paragraph (

c) or (d);

the tenant for life under a registered life interest in the property, unless another person holds an interest in the property referred to in paragraph (d);

the holder of a registered lease of the property for a term of at least 99 years.

If there is more than one individual who is the registered owner of real property, either as joint tenants or tenants in common, only one of those individuals may register as a non-resident property elector under this

section in relation to the real property.

If the land title registration of the real property in relation to which a person is registering under this

section indicates that there is more than one individual who is the registered owner of the real property, the individual registering must do so with the written consent of the number of those individuals who, together with the individual registering, are a majority of those individuals.

A registered owner who has consented to the registration of another registered owner of the property may withdraw the consent by delivering a written withdrawal to the secretary treasurer of the board.

Once a withdrawal of consent has been delivered in accordance with subsection (7), the person registered as the non-resident property elector in relation to the property ceases to be entitled to be registered and vote as such if the number of individuals referred to in subsection (6) falls below a majority of the registered owners, with this effective

for the next election, in the case of a withdrawal delivered at least 52 days before general voting day for the election, and

following the next election, in the case of a withdrawal delivered less than 52 days before general voting day for the election.

Rules for determining residence

The following rules apply to determine for the purposes of this Part the area in which a person is a resident:

a person is a resident of the area where the person lives and to which, whenever absent, the person intends to return;

a person may be the resident of only one area at a time for the purposes of this Part;

a person does not change the area in which the person is a resident until the person has a new area in which the person is a resident;

a person does not cease being a resident of an area by leaving the area for temporary purposes only.

As an exception to subsection (1), if for the purposes of attending an educational institution a person establishes a new area in which the person is a resident away from the usual area in which the person is a resident, the person may choose for the purposes of this Part either the usual area or the new area as the area in which the person is a resident.

Registration as an elector

In order to be registered as an elector of a trustee electoral area, a person must meet the requirements of

section 39 (1) (

a) and (

b) on the date of registration.

A person may be registered as an elector in only one trustee electoral area for any one school district.

A person registers as an elector of a trustee electoral area by

delivering an application form completed as required by the board to the election official responsible at the place where the person is voting or providing to that official the information required in the manner established by the chief election officer, and

in the case of a person applying to register as a non-resident property elector, providing to the election official responsible at the place where the person is voting

the address or legal description of the real property in relation to which the person is registering,

proof satisfactory to that official that the person is entitled to register in relation to that real property, and

iii

if applicable, the written consent from the other registered owners of that real property required by

section 41 (6).

For the purposes of subsection (3), the requirements to be registered as an elector under this Act may be satisfied by meeting the requirements to register as an elector under the Local Government Act or the Vancouver Charter at the time of voting.

A person is deemed to be registered as a resident elector of a trustee electoral area if both the following requirements are met:

a list of registered electors is prepared for the municipality or regional district electoral area in which the person resides;

the person is registered as a resident elector of the election area referred to in paragraph (

a) before the date established for the close of advance registration as an elector of that election area.

A person is deemed to be registered as a non-resident property elector of a trustee electoral area if all the following requirements are met:

the person is not entitled to be registered as a resident elector of a trustee electoral area for the school district;

a list of registered electors is prepared for the municipality or regional district electoral area in which the person owns the property;

the person is registered as a non-resident property elector of the election area referred to in paragraph (

b) in relation to that property before the date established for the close of advance registration as an elector of that election area.

Subsection (2) does not apply in relation to deemed registration under subsection (6) but, for certainty, a person is not entitled to vote in a trustee election as an elector of more than one trustee electoral area or as both a resident elector and a non-resident property elector.

Repealed

[Repealed 2008-5-36.]

Election Proceedings

Elections conducted by board

For a trustee election conducted by a board for a school district other than School District No. 39 (Vancouver),

Part 3 of the Local Government Act , as that Part applies to an election of electoral area directors, applies to the trustee election except as provided in this Part.

For the purposes of subsection (1), the references in

Part 3 of the Local Government Act are to be read in accordance with the following:

a reference to a regional district board or local government is to be read as a reference to the board;

a reference to a municipality or electoral area is to be read as a reference to a trustee electoral area;

a reference to the designated local government officer or to the local government corporate officer is to be read as a reference to the secretary treasurer of the board;

a reference to the minister charged with the administration of that Act is to be read as a reference to the minister responsible for this Act.

2.1

A board conducting a trustee election for a school district other than School District No. 39 (Vancouver) must, by bylaw, identify the places that are to be public notice posting places for the purposes of

section 50 [public notice requirements] of the Local Government Act , as that

section applies in relation to the trustee election.

For a trustee election conducted by the board of School District No. 39 (Vancouver),

Part I of the Vancouver Charter applies to the election except as provided in this Part.

For the purposes of subsection (3), the references in

Part I of the Vancouver Charter are to be read in accordance with the following:

a reference to the Council is to be read as a reference to the board;

a reference to the city is to be read as a reference to a trustee electoral area;

a reference to the City Clerk is to be read as a reference to the secretary treasurer of the board;

a reference to the minister charged with the administration of that Act is to be read as a reference to the minister responsible for this Act.

On the application of a board, the minister may, by order, except the board from its obligation to hold one or both of the advance voting opportunities that would otherwise be required.

In order for a bylaw under this Part, or under

Part 3 of the Local Government Act or

Part I of the Vancouver Charter as those Parts apply to trustee elections, to apply to a trustee election, the board must adopt the bylaw at least 4 weeks before the first day of the nomination period for the trustee election.

A board may exercise the authority of a municipal council under

section 113 of the Local Government Act to establish voting divisions in relation to its trustee elections and, if this is done, that

section applies.

For the purpose of harmonizing a trustee election with a local government election being conducted at the same time, a board may, by bylaw, provide that the bylaws of the local government under

Part 3 of the Local Government Act or

Part I of the Vancouver Charter apply to the trustee election.

As restrictions on subsection (8), a bylaw under that subsection may not provide that a local government bylaw under any of the following provisions applies to a trustee election:

in relation to the Local Government Act ,

section 86 (2) [minimum number of nominators] ,

section 88 [nomination deposits] ,

iii

section 117 [order of names on ballot determined by lot] , and

section 151 [determination of election results by lot] ;

in relation to the Vancouver Charter ,

section 43 (2) [minimum number of nominators] ,

section 44.1 [nomination deposits] ,

iii

section 79 [order of names on ballot determined by lot] , and

section 113 [determination of election results by lot] .

Subsection (8) applies even if a bylaw under that subsection has the effect of creating differences in election proceedings between different trustee electoral areas.

Elections conducted by municipality

Except as provided in this Act,

Part 3 of the Local Government Act , as that Part applies to an election for municipal councillors, applies to a trustee election that is conducted under

section 37 (1) or (2) by a municipality other than the City of Vancouver, and

Part I of the Vancouver Charter , as that Part applies to an election for city councillors, applies to a trustee election that is conducted under

section 37 (1) or (2) by the City of Vancouver.

Section 45 (2) and (4) applies for the purposes of subsection (1).

In the case of a trustee election conducted by a municipality under

section 37 (1) or (2) at the same time as a general local election under the Local Government Act or the Vancouver Charter , except as provided in this Act the trustee election must be conducted as if it were part of the general local election.

In relation to a trustee election referred to in subsection (1), the municipal council does not have authority to adopt a bylaw under a provision of the Local Government Act or Vancouver Charter referred to in

section 45 (9), but, instead, the board may adopt bylaws under those sections for the trustee election.

For a trustee election conducted by a municipality under

section 37 (1) or (2), the board may give directions to the municipal chief election officer as to the form of ballot to be used for the trustee election.

Candidate endorsement by elector organization

46.1

In order to endorse a candidate in a trustee election, an organization must be registered under Division 6 [Registration of Elector Organizations] of

Part 2 of the Local Elections Campaign Financing Act .

Counting of the vote

The counting of the votes for a trustee election for any one trustee electoral area must not take place until the close of voting at all voting places for the school district.

Election offences

For certainty, Division 18 [Election Offences] of

Part 3 of the Local Government Act and Division (17) [Election Offences] of

Part I of the Vancouver Charter apply in relation to the application of those Parts to trustee elections.

In addition to the offences applicable as referred to in subsection (1), a person who contravenes

section 39 (5) or 166.14 (7) of this Act commits an offence and is liable to the penalties provided in

section 166 (3) of the Local Government Act .

Sections 164 [prosecution of organizations and their directors and agents] and 165 [time limit for starting prosecution] of the Local Government Act apply in relation to offences under this section.

Holding Office

General term of office

The term of office of a trustee elected at a general school election

begins on the first Monday after November 1 following the election or when the person takes office in accordance with

section 50 (3), whichever is later, and

ends immediately before the first Monday after November 1 in the year of the next general school election or when at least 3 trustees elected at or appointed following that election have taken office, whichever is later.

Oath of office

A person elected or appointed as a trustee must make a prescribed oath of office, by oath or solemn affirmation, within the following applicable time limit:

in the case of a person elected by acclamation, within 50 days after the date set for general voting day had an election by voting been required;

in the case of a person elected by voting, within 45 days after the declaration of the results of the election;

in the case of a person appointed to office, within 45 days after the effective date of the appointment.

The oath must be made before a judge of the Court of Appeal, Supreme Court or Provincial Court, a justice of the peace, a local government corporate officer or the secretary treasurer of a board, and the person making the oath must obtain the completed oath or a certificate of it from the person administering it.

A person takes office as trustee

at the time the term of office begins if, at this time, the person produces or has produced the completed oath or certificate to the secretary treasurer, or

at any later time that the person produces the completed oath or certificate to the secretary treasurer.

A person taking office as a trustee may also make an oath of allegiance.

Resignation from office

A trustee may resign from office by giving written notice to the secretary treasurer of the board.

The secretary treasurer must notify the board of a resignation at its next meeting after the resignation is received or, if there are no other trustees on the board, the secretary treasurer must notify the minister.

A resignation is irrevocable after it is given to the secretary treasurer and is effective from the date a successor takes office or at an earlier date stated in the resignation.

Trustee disqualification from holding office

If a person appointed or elected as a trustee does not make the oath required by

section 50 within the time limit set by that section, the office to which that person was appointed or elected is deemed to be vacant and the person is disqualified from holding office as a trustee until the next general school election.

If a trustee is continuously absent from board meetings for a period of 3 consecutive months, unless the absence is because of illness or with the leave of the board, the office of the member is deemed to be vacant and the person who held the office is disqualified from holding office as a trustee until the next general school election.

If a person elected as a trustee is disqualified from holding office as referred to in

section 33 (c), the office to which the person was elected is deemed to be vacant.

Removal of trustee following conviction for offence

A trustee ceases to hold office on the 30th day following the date of any of the following:

the trustee's conviction for an indictable offence;

the trustee's conviction for an offence under

section 163 (2);

a decision of the Supreme Court, on the application of an elector of the school district, that the conviction of the trustee for any other offence renders the trustee unsuitable to perform the duties of a trustee.

On the application of a trustee referred to in subsection (1), the Supreme Court may, by order, suspend the operation of that subsection for a period and on the terms the court considers appropriate.

Questions as to trustee qualifications

Subject to

Part 5 and subsection (2), the right of a trustee to hold office may be determined on application to the Supreme Court and, for this purpose,

section 111 [application to court for declaration of disqualification] of the Community Charter applies.

The office of a person declared disqualified on an application under subsection (1) must remain vacant if the decision is appealed and no election to fill the office may be held until the final determination of the matter or until the next general school election, whichever is earlier.

As an exception to subsection (2), if fewer than 3 trustees remain in office,

section 36 (5) applies to require that the vacant office be filled by election or appointment and

section 112 (3) [status of person subject to application] of the Community Charter applies to the person elected or appointed to the vacant office and to the person declared qualified.

A bylaw, resolution, contract or other proceeding of a board must not be set aside or declared invalid merely because

a person sitting or voting as a member of the board was not qualified as a trustee at or before the time of the proceeding,

a trustee renounces claim to office on a board,

a trustee election was set aside or declared invalid after the proceeding, or

the election of a trustee was set aside or declared invalid after the proceeding.

Conflict of Interest

Definitions

In this Part:

child includes a person whom the trustee has demonstrated a settled intention to treat as a member of the trustee's family;

controlling interest means

an interest that a trustee must disclose under

section 5 (1) of the Financial Disclosure Act , or

an interest in shares in a corporation carrying more than 10% of the votes for the election of the directors of the corporation, other than an interest by way of security only;

court means the Supreme Court;

meeting includes a meeting of a committee of trustees;

parent includes a person whom the trustee has demonstrated a settled intention to treat as a member of the trustee's family;

pecuniary interest means, with respect to a trustee, an interest in a matter that could monetarily affect the trustee and includes an indirect pecuniary interest referred to in

section 56;

senior officer means a senior officer as defined in the Business Corporations Act ;

spouse , subject to subsection (2), means a person who

is married to a trustee, or

is living with a trustee in a marriage-like relationship, and has lived as such for a continuous period of at least 2 years.

A person is not a spouse for the purposes of this

Part if

the person is separated and living apart from the trustee, and

the person and the trustee

have entered into a written agreement under which they have agreed to live apart, or

are subject to an order of the court recognizing the separation.

Indirect pecuniary interest

For the purposes of this Part, a trustee has an indirect pecuniary interest in any matter in which the board is concerned if

the trustee or the trustee's nominee

is a shareholder in or a director or senior officer of a corporation that does not offer its securities to the public, or

has a controlling interest in or is a director or senior officer of a corporation that offers its securities to the public,

and the corporation has a pecuniary interest in the matter, or

the trustee is a partner of a person, is a member of a firm or is in the employment of a person or firm that has a pecuniary interest in the matter.

Deemed pecuniary interest

For the purposes of this Part, the pecuniary interest of a spouse or of a parent or child of the trustee is, if known to the trustee, deemed to be also the pecuniary interest of the trustee.

Duty of trustee

If a trustee has any pecuniary interest in any matter and is present at a meeting of the board at which the matter is considered, the trustee

must at the meeting disclose the trustee's pecuniary interest and the general nature of the pecuniary interest,

must not take

part in the discussion of or vote on any question in respect of the matter, and

must not attempt in any way, whether before, during or after the meeting, to influence the voting on any question in respect of the matter.

If the meeting referred to in subsection (1) is not open to the public, in addition to complying with the requirements of that subsection the trustee must immediately leave the meeting or the part of the meeting during which the matter is under consideration.

If the pecuniary interest of a trustee is not disclosed as required by subsection (1) by reason of the trustee's absence from the meeting, the trustee must disclose the pecuniary interest and otherwise comply with the requirements of that subsection at the first meeting of the board attended by the trustee after the meeting referred to in that subsection.

Exceptions

Section 58 does not apply to a pecuniary interest in any matter that a trustee may have

by reason of the trustee having a pecuniary interest in the matter which is a pecuniary interest in common with electors generally,

by reason of the trustee being entitled to receive any indemnity, expenses or remuneration payable to one or more trustees in respect of the matter,

by reason only that the trustee is a member of an association incorporated under the Cooperative Association Act or a credit union having dealings or contracts in respect of the matter with the board of the school district of which the trustee is a trustee, or

by reason only of a pecuniary interest of the trustee that is so remote or insignificant in its nature that it cannot reasonably be regarded as likely to influence the trustee.

Record of disclosure

If a meeting is open to the public, every disclosure of pecuniary interest and the general nature of it made under

section 58 must be recorded in the minutes of the meeting.

If a meeting is not open to the public, the fact that a disclosure of pecuniary interest was made under

section 58, but not the general nature of that interest, must be recorded in the minutes of the next meeting that is open to the public.

Remedy for lack of quorum

When the number of trustees who, because of this Part, are disqualified from participating in a meeting is such that at that meeting the remaining trustees are not of sufficient number to constitute a quorum, the board may apply to the court without notice to any person for an order authorizing the board to give consideration to, discuss and vote on the matter out of which the pecuniary interest arises.

The court, on application under subsection (1) and after giving any direction as to service considered appropriate, may declare that

section 58 does not apply to the board in respect of the matter in relation to which the application is brought, and the board may then give consideration to, discuss and vote on the matter in the same manner as though none of the trustees had any pecuniary interest in the matter, subject only to the conditions and directions that the judge may consider appropriate and so order.

Application to court

Subject to subsection (3) an elector may, within 6 weeks after the fact comes to the elector's knowledge that a trustee may have contravened

section 58, apply to the court for a determination of the question of whether the trustee has contravened

section 58.

The elector in the application must state the grounds for alleging a contravention of

section 58 by the trustee.

No application may be brought under subsection (1) after the expiration of 4 years from the time at which the contravention is alleged to have occurred.

Remedy

Subject to subsection (2), if the court determines that a person, while holding the office of trustee, has knowingly contravened

section 58, the court

must, in the case of a person currently holding office as a trustee, declare the office of the trustee vacant, and

may, if the contravention has resulted in financial gain, require the person to make restitution to the party suffering the loss or, if that party is not readily ascertainable, to the board of which the person is a trustee or former trustee.

If the court determines that a person who is currently holding an office of trustee contravened

section 58 and finds that the contravention was committed through inadvertence or because of an error in judgment made in good faith, the person is not subject to having the person's office declared vacant under subsection (1).

An office declared vacant under subsection (1) must remain vacant if the decision is appealed, and no election to fill the office may be held until the final determination of the matter or until the next general school election, whichever is earlier.

Proceedings voidable

The failure of any person to comply with the requirements of

section 58 does not of itself invalidate any proceedings of the board, but the proceedings are voidable at the instance of the board before the expiration of 2 years from the date of the passing of the resolution or bylaw in respect of which the failure occurred.

Subsection (1) applies unless to invalidate the proceedings would adversely affect the rights of another person who acquired those rights under or as a result of the proceedings and who acted in good faith and without actual notice of the failure to comply with

section 58.

Boards of Education

Corporate Status and Meetings

Board is a corporation

The trustees elected or appointed under this Act for each school district and their successors in office constitute a board of education for the district and are continued as a corporation under the name of "The Board of Education of School District No. 5 (Southeast Kootenay)", or as the case may be.

1.1

A board is responsible for the improvement of student achievement in the school district.

A board may

establish committees and specify the functions and duties of those committees,

establish a district advisory council comprised of persons representing parents' advisory councils and other organizations in the community, and

delegate specific and general administrative and management duties to one or more of its employees.

Committees of trustees or individual trustees may not exercise the rights, duties and powers of the board.

Unless expressly required to be exercised by bylaw, all powers of a board may be exercised by bylaw or by resolution.

A board may exercise a power with respect to the acquisition or disposal of property owned or administered by the board only by bylaw.

Quorum

A quorum of a board is a majority of the trustees holding office at the time of the meeting of the board.

Meetings and chair

After the general local election of trustees in a school district, the secretary treasurer for that school district must convene a first meeting of the board as soon as possible and in any event within 30 days from the date that the new board begins its term of office.

At the meeting convened by the secretary treasurer under subsection (1), the board must elect a chair and may elect a vice chair from among its members.

A board must meet as often as is necessary to transact its business and in any event not less than once in every 3 months.

A majority of the board may elect a new chair or vice chair at any time.

A board must establish procedures governing the conduct of its meetings and must permit any person to inspect those procedures.

5.1

Without limiting subsection (5), a board may establish procedures respecting the provision of advice by a district parents' advisory council to the board.

A board may allow trustees to participate in or attend a meeting of the board by telephone or other means of communication if all trustees and other persons participating in or attending the meeting are able to communicate with each other.

If a trustee participates in or attends a meeting of the board by telephone or other means of communication as provided under subsection (6), the trustee is to be counted for the purposes of establishing a quorum.

Passage of bylaws

Before it is passed, a bylaw of the board must be given 3 distinct readings.

Subject to subsection (3), at each of the readings of a bylaw, the bylaw must be read in full.

A reading of a bylaw may, if a written or printed copy of a bylaw is in the possession of each trustee and is available to each member of the public in attendance at the meeting at which the bylaw is to be read, consist of a description of the bylaw by

its title, and

a

summary of its contents.

The board may not give a bylaw more than 2 readings at any one meeting unless the members of the board who are present at the meeting unanimously agree to give the bylaw all 3 readings at that meeting.

Attendance of public and secretary treasurer at meeting

Subject to subsection (2), the meetings of the board are open to the public.

If, in the opinion of the board, the public interest so requires, persons other than trustees may be excluded from a meeting.

Despite subsection (2), the secretary treasurer or another employee designated by the board under subsection (4) must be present at the time that a decision of the board is rendered and must record any decision.

If the secretary treasurer is unable to attend a meeting or if the meeting concerns the work performance or employment of the secretary treasurer, the board may designate another employee of the board to attend the meeting in place of the secretary treasurer to perform the duties of the secretary treasurer at the meeting.

Improper conduct at meetings

The chair or other member presiding at a meeting of the board may expel from the meeting a person, other than a trustee, who the presiding member considers guilty of improper conduct.

A majority of the trustees present at a meeting of the board may expel a trustee from the meeting for improper conduct.

A person who disturbs, interrupts or disquiets the proceedings of a meeting of a board commits an offence.

Remuneration and expense allowance

A board may

authorize annually the payment of remuneration to the chair, vice chair and other trustees, and

authorize annually the payment of a reasonable allowance for expenses necessarily incurred by trustees in the discharge of their duties.

The board is responsible for any payments under subsection (1).

The remuneration for the chair and vice chair may be greater than for the other trustees.

Minutes

The minutes of the proceedings of all meetings of the board must be

legibly recorded in a minute book,

certified as correct by the secretary treasurer or other employee designated by the board under

section 69 (4), and

signed by the chair or other member presiding at the meeting or at the next meeting at which the minutes are adopted.

Except for minutes of a meeting from which persons other than trustees or officers of the board, or both, were excluded, the minutes must be open for inspection at all reasonable times by any person, who may make copies and extracts on payment of a fee set by the board.

A board must prepare a record containing a general statement as to the nature of the matters discussed and the general nature of the decisions reached at a meeting from which persons other than trustees or officers of the board, or both, were excluded, and the record must be open for inspection at all reasonable times by any person, who may make copies and extracts on payment of a fee set by the board.

[Repealed 2000-11-43.]

Powers and Duties

Establishment and closure of schools

A board may

subject to the orders of the minister, open, close or reopen a school permanently or for a specified period of time, and

temporarily close a school building if the health or safety of the students is endangered.

The board may operate more than one school in a single building or location.

Management of schools and property

Subject to the orders of the minister, a board is responsible for the management of the schools in its school district and for the custody, maintenance and safekeeping of all property owned or leased by the board.

A board must ensure that a principal, vice principal or director of instruction is responsible for each school in its school district.

Video surveillance cameras

74.01

A board may install and operate a video surveillance camera in a school facility or on school land for the purposes of protecting

the safety of individuals in a school facility or on school land,

an individual's belongings in a school facility or on school land, or

school property

with the prior approval of the parents' advisory council for the school where the board proposes to install and operate a video surveillance camera.

A parents' advisory council may make recommendations to a board to install and operate a video surveillance camera in a school facility or on school land for the purposes set out in subsection (1).

If a board

has installed and operates a video surveillance camera in a school facility or on school land before the date this

section comes into force, or

installs and operates a video surveillance camera in a school facility or on school land for the purposes set out in subsection (1),

the board must conduct an annual review that assesses if the installation and operation of the video surveillance camera is accomplishing a purpose set out in subsection (1).

Subsections (1) to (3) do not apply to the installation and operation of a video surveillance camera in a school facility or on school land on a temporary basis for a specific investigative purpose.

Subsection (1) does not apply to a video surveillance camera installed in a school facility or on school land before the date this

section comes into force.

Enrolment in an educational program

74.1

In this section:

catchment area child means a person

of school age, and

resident in the catchment area of the school;

non-catchment area child means a person

of school age,

resident in the school district, and

not resident in the catchment area of the school;

non-school district child means a person

of school age,

resident in British Columbia, and

not resident in the school district;

previous school year means the school year previous to the school year for which the person is applying to enrol in an educational program;

school district child means a catchment area child or a non-catchment area child.

A board must enrol all persons who exercise their entitlement to enrol in an educational program under

section 2 (1).

A board may refuse to enrol a non-school district child under

section 2 (2) if the child is

a student suspended by a board under

section 85 (2) (d), or

a student to whom a board has refused to offer an educational program under

section 85 (3).

A board

for each school year, must establish a date by which an application to enrol a person in an educational program must be received by the board for the purposes of this section,

in respect of the date referred to in paragraph (a), may establish different dates for different grades, educational programs, schools or children defined in subsection (1), and

may dispense with the application referred to in paragraph (

a) and establish an alternative procedure to enrol a school district child who was enrolled in an educational program in the school district in the previous school year.

If a board establishes an alternative application procedure under subsection (4) (c), the enrolment of a school district child remains subject to the priorities set out in this section.

If a board determines that space and facilities are available at the school in which the educational program is made available, a person whose application was received by the board by the date established under subsection (4) is entitled to enrol in that educational program in the following descending order of priority:

a catchment area child who, in the previous school year, attended the school at which the educational program is made available;

a catchment area child;

a non-catchment area child;

a non-school district child.

6.1

Despite subsection (6), a board may, subject to subsection (6.2), give priority to

a catchment area child as if that child were a child described in subsection (6) (

a) if, in the previous school year, the child attended a school from which the board reassigns students progressing through their educational program to the school at which the educational program is made available,

a non-catchment area child or a non-school district child as if the child were a child described in subsection (6) (

a) or (

b) if the child, in the previous school year,

attended the school at which the educational program is made available, or

attended a school from which the board reassigns students progressing through their educational program to the school at which the educational program is made available, and

a sibling of a child described in subsection (6) (

a) or paragraph (b) (

i) of this subsection as if the sibling were a child described in subsection (6) (

a) or (

b) if the sibling does not attend school or attends a different school at the time the application under subsection (4) is made.

6.2

The board must establish rules governing the exercise of its discretion under subsection (6.1) and must make those rules publicly available.

If a board determines that space and facilities are available at the school in which the educational program is made available, a non-school district child referred to in subsection (6) is entitled to enrol in an educational program in priority to a school district child whose application was received by the board after the date established under subsection (4).

A board must establish rules for determining priority between 2 or more persons having the same priority under this section.

For the purposes of this section, a person's residency is determined as of the date the application to enrol the person is submitted to the board.

First nation schools of choice

74.2

In this section:

designated school means a school designated by a first nation, a treaty first nation or the Nisg̱a'a Nation under subsection (2);

eligible first nation person means a person

who may enrol, under this Act, in an educational program provided by a board,

who is a member of a first nation, a treaty first nation or the Nisg̱a'a Nation,

who is ordinarily resident

on a reserve as defined in

section 2 (1) of the Indian Act (Canada),

on treaty lands,

iii

on Nisg̱a'a Lands, or

on shíshálh lands as defined in

section 2 (1) of the shíshálh Nation Self-Government Act (Canada), and

specialty academy has the same meaning as in

section 82.1.

Despite sections 2, 74.1 (1), (2), (6) and (6.1) and 75 (4), if a first nation, a treaty first nation or the Nisg̱a'a Nation designates, in accordance with subsection (3), a school in the school district of the board, the eligible first nation persons who meet the following residency requirements are entitled to attend the designated school in the next school year:

the eligible first nation persons who are ordinarily resident of the first nation and are ordinarily resident or boarded in the school district;

the eligible first nation persons who are ordinarily resident on the treaty lands of the treaty first nation and are ordinarily resident or boarded in the school district;

the eligible first nation persons who are ordinarily resident on Nisg̱a'a Lands and are ordinarily resident or boarded in the school district.

A designation under subsection (2) must be made in writing to the board of the school district of the school

by the date established under

section 74.1 (4) (a), or

if the board establishes different dates for different grades, education programs, schools or children under

section 74.1 (4) (b), by the earliest of those dates.

A designation under subsection (2) continues for each subsequent school year unless the first nation, the treaty first nation or the Nisg̱a'a Nation revokes the designation.

Despite subsection (2), if a board offers a specialty academy at a designated school, an eligible first nation person may only be enrolled in the specialty academy in the manner specified by the board for general enrolment in the specialty academy.

For certainty, an eligible first nation person who is entitled to attend a designated school remains entitled to enrol in an educational program in accordance with sections 2, 74.1 (1), (2), (6) and (6.1) and 75 (4) provided by the board of a school district.

Provision of educational program

Subject to the other provisions of this Act and the regulations and to any orders of the minister under this Act, a board must make available an educational program to all persons of school age who enrol in a school in the district.

A board may provide an educational program to persons referred to in subsection

(1) in its own school district, or

with the consent of a parent of the person referred to in subsection (1), in another school district or in a francophone school district.

A board complies with subsection (1) if

the educational program is provided by the board,

with the approval of the minister, the educational program is provided by a Provincial school, or

with the agreement of one or more other boards or a francophone education authority, and with any consent required under subsection (2) (b), the educational program is provided

in full by another board or by the francophone education authority, or

in part by one or more other boards or the francophone education authority, and the remainder of the educational program, if any, is provided by the board.

Subject to

section 74.1, a board may assign and reassign students to specific schools or to educational programs referred to in subsection (3).

4.01

Subject to subsection (4.1) and the orders of the minister, a board may deliver all or part of an educational program through online learning.

4.1

A board may deliver an educational program, or part of an educational program, through online learning to the following persons only if the board has approval to provide the educational program under an agreement with the minister:

a student, as defined in the Independent School Act ;

a student who is enrolled in an educational program provided by another board, or a francophone student;

a student who is not resident in the board's school district;

a child who is registered under

section 13 with a school operated by another board, a francophone school or an independent school.

[Repealed 2002-53-19.]

A board may recognize as part of a student's educational program an educational activity that is not provided by the board.

Subject to the regulations, a board

is responsible for evaluating all of the educational programs and services provided by the board, including services provided under an agreement under

section 86 (1) (a), and

must have students assessed and evaluated by a certificate holder.

to attend an educational program, or

to enrol and receive instruction in an educational program sufficient to meet the general requirements for graduation.

Catchment areas

75.1

A board must establish for each school in its school district, except for a Provincial resource program, a catchment area consisting of a geographical area around the school that includes all or part of the school district.

A board may amend the catchment area established for a school under subsection (1).

Conduct

All schools and Provincial schools must be conducted on strictly secular and non-sectarian principles.

The highest morality must be inculcated, but no religious dogma or creed is to be taught in a school or Provincial school.

The discipline of a student while attending an educational program made available by a board or a Provincial school must be similar to that of a kind, firm and judicious parent, but must not include corporal punishment.

Class size

76.1

[Repealed 2012-3-14.]

A board must ensure that the size of any primary grades class in any school in its school district does not exceed

for kindergarten, 22 students, and

for grades 1 to 3, 24 students.

2.1

Subject to subsection (2.4), a board must ensure that the class size of any class for any of grades 4 to 12 in any school in its school district does not exceed 30 students unless

in the opinions of the superintendent of schools for the school district and the principal of the school, the organization of the class is appropriate for student learning, or

the class is in a prescribed category of classes.

2.2

A board must provide additional compensation, as prescribed, to a teacher of a class that, under subsection (2.1) (a), exceeds 30 students.

2.3

Subsection (2.2) does not apply with respect to a teacher in a prescribed category of teachers.

2.4

A board must ensure that the class size of a class in a prescribed category of classes does not exceed the prescribed number of students.

3) to (5

[Repealed 2012-3-14.]

Repealed

76.2-76.7

[Repealed 2012-3-15.]

Authority of vice principal under

section 76.1

76.8

If authorized by the principal of a school, the vice principal of the school may perform any duties of the principal under

section 76.1.

Repealed

[Repealed RS1996-412-77 (3).]

Repealed

[Repealed RS1996-412-78 (6).]

Repealed

78.1

[Repealed 2012-3-17.]

Student records

Subject to the orders of the minister, a board must

establish written procedures regarding the storage, retrieval and appropriate use of student records, and

ensure confidentiality of the information contained in the student records and ensure privacy for students and their families.

1.1

Subsection (1) applies also in respect of records referred to in paragraph (

d) of the definition of "student record", even though those records are excluded from that definition.

Despite subsection (1), a board must, if required by the orders of the minister, permit a person providing health services, social services or other support services access to information in student records required to carry out that service.

Subject to the orders of the minister, a board must establish and maintain a record for each student and for each child registered with the board's schools under

section 13.

Transmitting records

79.1

Despite

section 79 (1), if a francophone education authority enters into an agreement with a board or with another francophone education authority for the provision of services, including the provision of all or part of an educational program or a francophone educational program, each party to the agreement must provide to the other party access to information in those student records that are necessary for the other party to satisfactorily perform the contract.

Despite

section 79 (1), if a student is enrolled with more than one board, each board must provide to the other access to information in those student records that is necessary for the other board to satisfactorily perform its obligations under this Act.

Despite

section 79 (1), if a student is enrolled

in an independent school, but takes one or more courses through a school or francophone school by means of online learning, or

in a school or francophone school, but takes one or more courses through an independent school by means of online learning,

each board, francophone education authority and authority of an independent school with which the student is enrolled must provide to the other access to information in those student records and permanent student records that is necessary for the other board, francophone education authority or authority of the independent school to satisfactorily perform its obligations under this Act or the Independent School Act , as applicable.

Repealed

79.2-79.4

[Repealed 2015-24-14.]

Repealed

[Repealed 2002-53-22.]

Reports

A board must prepare and submit to the minister reports and statements in the form, with the information and at the time required by the minister.

Repealed

81.1

[Repealed 2015-24-14.]

Fees and deposits

A board must provide free of charge to every student of school age resident in British Columbia and enrolled in an educational program in a school operated by the board,

instruction in an educational program sufficient to meet the general requirements for graduation,

instruction in an educational program after the student has met the general requirements for graduation, and

educational resource materials necessary to participate in the educational program.

For the purposes of subsection (1), a student is resident in British Columbia if the student and the student's guardian are ordinarily resident in British Columbia.

2.1

Subject to subsection (2.2), if a board permits a student who is older than school age and is ordinarily resident in British Columbia to enrol in an educational program leading to graduation, the board must provide free of charge to that student

instruction in an educational program sufficient to meet the general requirements for graduation, and

educational resource materials necessary to participate in the educational program.

2.2

Subsection (2.1) does not apply to a student who has

already met the general requirements for graduation, or

completed the requirements for graduation from a secondary school or high school in another jurisdiction.

Subject to subsections (1) and (2.1),

section 82.4 and the orders of the minister, a board may charge fees for goods and services provided by the board.

A board may require a deposit for educational resource materials provided to students and to children registered under

section 13.

If a board requires a deposit under subsection (4), it must refund all or part of the deposit to the student or child on return of the educational resource materials.

A board must publish a

schedule of the fees to be charged and deposits required and must make the

schedule available to students and to children registered under

section 13 and to the parents of those students and children before the beginning of the school year.

Except as provided in an agreement under

section 75 (4.1), a board is not responsible to pay for any educational activity undertaken by a student that is not provided by the board.

Specialty academies

82.1

In this section, specialty academy means an educational program that emphasizes a particular sport, activity or subject area and meets the prescribed criteria set out in the regulations.

A board may offer a specialty academy if

the board has consulted with the parents' advisory council for the school where the board proposes to offer the specialty academy, and

the board is of the opinion that there is sufficient demand for the specialty academy.

A board that offers a specialty academy must

make available sufficient instruction for students enrolled in the specialty academy to meet the general requirements for graduation, and

continue to offer a standard educational program in the school district.

Despite

section 82, but subject to

section 82.4, a board may charge a student enrolled in a specialty academy fees relating to the direct costs incurred by the board in providing the specialty academy that are in addition to the costs of providing a standard educational program.

On or before July 1 of each school year, a board that offers a specialty academy must

establish a

schedule of fees to be charged under subsection (4), and

make the

schedule of fees available to the public.

Before establishing a

schedule of fees under subsection (5), a board must

consult with the parents' advisory council for the school where the specialty academy is offered, and

obtain the approval of that parents' advisory council for the

schedule of fees.

Trades programs

82.2

In this