Bill 79 — A Bill To Amend the School Act (Legislature 15, Session 2)

L15 S2 1519

Alberta — Bills

No. 79 2nd Session, 15th Legislature, Alberta 13 Eliz'abeth II BILL 79 A Bill to amend The School Act HON. MR. McKINNON Printed by L. S.WALL, Printer to the Queen's Most Excellent Majesty, Edmonton, Alberta, 1%5

Explanatory Note 1. The School Act, R.S.A. 1955,

chapter 297, amended.

Section 23, subsections (5) and (6) presently read:

(5) Notwithstanding subsection (I), the Minister by order may estab lish a school division comprising all school districts in the area con tained within the outer boundaries of Local Improvement District No. 10.

(6) The Minister in the order referred to in subsection (5) (a.) may provide that one or more subdivisions be represented by two trustees on the board of the division, and (

b) shall provide for the terms of office of the trustees to be so elected. The new subsection (5) will permit a division to be created con sisting of the present Drumheller city school district and the Red Deer Valley School Division.

Section 44 (

c) is re-enacted to change the reference to the now defunct School Lands Trust Fund to the General Revenue Fund. 4. (

a) Section 173 deals with appointment of board officers. The new subsection (2b) will permit acting officers to be appointed. (

b) This is the present subsection (5) with the addition of the part permitting probationary appointments.

BI LL No. 79 of 1965

An Act to amend The School Act (A.ssented to , 1965) HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Alberta, enacts as follows: 1. The School Act is hereby amended.

Section 23 is amended (

a) by striking out subsection (5) and by substituting the following:

(5) Notwithstanding subsection (1), the Min ister by order may constitute a division consisting of (

a) all school districts wholly within Improvement District No. 10, or (

b) Drumheller School District No. 2472 and all rural public school districts wholly within Im provement District No. 42. (

b) as to subsection (6) by striking 'Out the words "two trustees" and by substituting the words "'One, two or three trustees".

Section 44 is amended by striking out clause (

c) and by suibstituting the following: (

c) to the Provincial Treasurer for payment into the General Revenue Fund, 4. SectiDn 173 i.s amended (

a) by adding after subsection (2a) the following sub section: (2b) The board may appoint an employee as act ing secretary, acting treasurer, acting secretary treasurer Dr other acting 'Officer of the board, and the emplDyee so appointed shall act 'Only in the aJbsence from duty 'Of the 'Officer fDr whom he is appointed to act, or in the case 'Of a vacancy, and has, when so acting, the power and auth'Ority 'Of the 'Office fDr which he is app'Ointed to act. (

b) by striking out subsectiDn (5) a.nd by substituting the following:

Section 174, subsection (1) authoriz'ed trustees to fix their remuneration for attendance at meetings. Subsection (4) presently reads:

(4) In the case of a division (

a) the amount of the payment shall not exceed fifteen dollars per day for each meeting, together with an allowance of not more than twelve cents per mile for every mile necessarily travelled in coming to and returning from meetings of the board, and (

b) the number of board meetings in respect of which a trustee may be paid shall not exceed twelve regular meetings and two special meetings in anyone year. The effect of the amendment is to remove the present restrictions on the daily allowance and number of meetings. See also the clauses of this Bill amending sections 186 and 189.

Section 177, clause (

c) presently reads: 177. The board of a non-divisional district or of a division shall (

c) provide adequate instructional facilities for pupils who have attained the fuH age of six years by the first day of September of any school year,

Section 178, subsection (1), clause (

a) presently reads: 178.

(1) The board of a non-divisional district or ·of a division may (

a) decide the school that any pupil living in the district or division is to attend, 8. The present clause (

c) is re-enacted as claus'e (

b) of

section 180: see note to clause 9 of this Bill. The result is to make sus pension or expulsion for a breach of discipline permissive rather than mandatory.

Section 180, clauses (

a) and (

b) presently read: 180. The board of a non-divisional district or of a division· may (

a) require the parent or guardian o·f a pupil to replace or pay for school property destroyed, broken or damaged by the pupil, (

b) suspend the pupil until the loss or damage is rep,laced or paid for, The new clause (

a) replaces the present clauses (

a) and (

b) in order to divorce the matter of discipline for damage to school property from liability for that damage. (Liability as such is dealt with in the new

section 180a, added by clause 10 .of this Bill.) The new subsection (2) permits reinstatement by the Chief Superin tendent of Schools in these cases. The new clause (b) .of subsection (1) is the same as clause (

c) of

section

Section 179 prescribes' duties

whereas

section 180 gives discretionary powers. 2

(5) In the case of a division the appointment 'Of the secretary-treasurer shall be subject to the approval of the Minis1:€r but the appointment may be made for a probationary period not exceeding six months without the approval of the Minister as to that period.

Section 174 is amended by striking 'Out subsection (4) and by substituting the following:

(4) In the case of a divisi'On, the board may determine the amount per day for each meeting, together with an allowance per mile for every mile necessarily travelled in cDming to and returning from meetings of the board.

Section 177 is amended by striking 'Out clause (

c) and by substituting the following: (

c) provide adequate instructional facilities for pupils w ho have attained the full age of six years by the first day of September of any school year and wh'Ose parents Dr guardians reside in the district or divi sion,

Section 178, SUbsection (1) is amended by striking out clause (

a) and by substituting the following: (

a) decide, as to any pupil whose parent Dr guardian resides in the district or division, the school that the pupil is to attend,

Section 179 is amended by adding the word "and" at the end of clause (

b) and by striking 'Out .clause (c). 2

Section 180 is amended (

a) by renumbering the

section as subsection (1), (

b) as to the renumbered subsection (1) by striking out clauses (

a) and (

b) and by substituting the fol lowing: (

a) suspend from school a pupil who has inten tionally or negligently destroyed, damaged, lost Dr converted school property, (

b) suspend or expel from school or exclude from travelling on a school bus any pupil who, upon investigation by the board, is found to be guilty of open 'Opposition to authority, wilful dis obedience, habitual neglect of duty, the use 'Of profane or improper language, or other conduct inj urious to the moral tone or well-being of the school or to the welfare of the pupils being transported in the school bus, as the case may be,

10. This new

section extends liability for damages to school property to parents or guardians of the pupils, where the general rule at common law is that a parent is not liable for the torts of his children. See also clauses 8 and 9 of this Bill. II.

Section 186, subs'ection (1), clause (

e) presently reads: 186.

(1) The board of a division shall (

e) pay the expenses of any trustee incurred in attending meetings of a council as representative of the 'board, up to a sum not exceeding fifteen dollars per day for each meeting, and not exceeding twelve cents for every mile necessarHy travelled in coming to and returning from such meetings, The effect of the amendment is to remove the restrictions on the daily allowance and mileage allowance paid to a trustee who at tends municipal council meetings as the board's representative.

Section 189 presently reads: 189.

(1) The board of a division may provide by resolution that there be paid to each trustee an allowance not exceeding fifteen dollars per day for each day spent in administrative and supervisory work per formed for the board within the division together with an wllowance of not more than twelve cents per mile for every mile necessarily travelled in performing that work.

(2) The payments under any such resolution shaH not be made (

a) in case of the chairman, for more than twenty-five days in any year, (

b) in case of any other trustee, for more than fifteen days in any year, and (

c) for work not authorized in advance by the board, unless it is of an emergent nature and subsequently approved by the board. The effect of the amendment is to remove the restrictions on daily allowances and the mileage allowance paid to trustees for doing administrative work.

Section 203 requires an annual audit of the books and ac counts of non-divisional districts and boards. 3

(

c) by adding the following subsection:

(2) The 'Chief Superintendent of Schools may, on application of a parent or guardian of a pupil suspended pursuant to clause (

a) of subsection (1), reinstate the pupil. 10. The following

section is added after

section 180: 180a.

(1) Where school property of a non-divisional district or a division is destroyed, damaged, lost or con verted by the intentional or negligent act of a pupil, the pupil and his parent or guardian are jointly and severally liable to the board in respect of the act of the pupil.

(2) Where school property of a non-divisional district or a division is destroyed, damaged, lost or converted by the intentional or negligent acts of two or more pupils acting together, the pupils and their parents or guardians are jointly ·and severally liable to the board in respect of the acts 'Of the pupils.

Section 186, subsection (1) is amended by striking out clause (

e) and by substituting the following: (

e) provide by resolution for the payment to a trustee appointed to attend meetings. of a council as repre sentative of the board, the necessary expenses in curred in attending such meetings and the rate per day for each meeting he attends,

Section 189 is struck out and the following is sub stituted: 189.

(1) The board of a division may by resolution pro vide for the payment to each trustee of a daily allowance for each day spent in administrative and supervisory work per formed for the board within the division together with an allowance per mile for every mile necessarily travelled in performing that work.

(2) The payments shall not be made f'Or work not authorized in advance by the board, unless it is of an emergent nature and subsequently approved by the board.

(3) The board may by resolution provide for the pay ment to the chairman of a daily allowance for each day necessarily spent in the discharge of his duties as chair man, other than attendance at board meetings' and an allowance per mile for every mile necessarily travelled in the discharge of his duties as chairman.

Section 203 is amended by adding the following sub section:

(3) Unless their removal is otherwise required by law, no records, books, contracts, accounts, vouchers, receipts, or other documents or moneys or securities shall be removed 3

Section 205, subsection (1) presently reads: 205.

(1) The auditor shall .audit and report upon all boo.ks and accounts affecting the district or division or relating to. any matter under its control or within its jurisdictio.n. IS.

Section 205 requires the auditor to report on his annual audit and

section 206 requires a special report in cases of unauthorized expenditures and irregularities. 16.

Section 212 (2) deals with 'acquisition of school sites by a divisional board with ,the Minister's approval. Subsection (3) presently reads:

(3) Notwithstanding sU!bsectio.n (2), the appro.val of the Minister Is not required for the acquisition of a site or of an addition to a site in a divisional town district if the divisional and district boards agree with respect to the location o.f the site or of the addition to the site, as the case may be. The new subsection ( 4) makes ministerial approval unnecessary as to teacher's residences.

Section 214a ensures that a board m'ay acquir.e :an option to buy land.

Section 238 presently reads: 238. The notice mentioned in

section 237 need not be given and a poll is not required in a division if the to.tal of the amounts of the borrowings of the divisio.n fo.r the purposes mentioned in clauses (a), (

b) and (

c) of SUbsection (1) of

section 235, and (a) 8Jpproved in that year by the Minister under

section 233, and (

b) authorized in that year by the Local Authorities Board under

section 260, does not exceed one hundred thousand dollars or one and one-half per cent of the total assessed value of the division, whichever is less.

Section 285, subsection (1) presently reads: 285.

(1) Immediately after the adoption of its estimate, the board shall on the form approved by the Minister requisition tne municipality for that Po.rtion of its estimate that is required to be raised by the munic.ipality. The requisition of a district board cannot be made to ,a municipality until the advice of the Department is received in cases where the board budgets for amounts in excess of those provided from the School Foundation Program Fund (section 304a). An equivalent change is made to

section 301 as to divisional boards.

Section 287a provides a procedure for determining who are public and separate school supporters. Subs'ection (8) presently reads: 4

(8) Any person who. is recorded by a municipaUty as a separate school supporter may at any time give written notice to. the munici pality stating that he is not Roman Catholic or not Protestant, whichever is the faith of those who. established the district, and thereupon the municipality shall change its reco.rds to indicate that person's property as be:ing assessable and taxable fo.r public schoo.'l purposes and, in the case of a city or town, to indicate that person o.n its voters' list as an elector of the public school distriot.

from the office of the board or any other place where they are deposited for safekeeping, without the approval .of the board.

Section 205, subsection (1) is amended by adding after the word "report" the words "to the board". 15. The following

section is added after

section 206: 206a. The auditor shall forward to the Department a copy of every report made by him to a board pursuant to sections 205 and 206.

Section 212 is amended (

a) as to subsection (3) by striking out the words "if the divisional and district boards agree with respect to the location of the site or of the addition to the site, as the case may be", (

b) ibyadding the following subsection:

(4) This

section does not apply to a site for a teacher's residence. 17. The following

section is added after

section 214: . 214a. The board of a non-divisional district or a divi sion may enter into a contract conferring on the board an option to purchase a site for a school building.

Section 2:38 is amended by adding the word "and" at the end of clause (

b) and by adding the following clause after clause (b) : (

c) proposed to be borrowed in that year by debenture,

Section 285, subsection (1) is amended by striking out the words "estimate, the board" and by substituting the words "estimate and, where applica!ble, the receipt of the advice of the Department pursuant to subs·ection (9) of

section 304a, the board of a non-divisional district".

Section 287a is amended by adding the following subsection:

(9) Where a person gives a notice under subsection (8), the change in the assessment roll shall not be effective for taxation purposes until the year following the year in which the notice is given. 4

Section 301, subsection (1) presently reads: 301.

(1) A divisional board, as soon as possible after the adoption of its estimates, shaH submit to each municipality, on the form ap proved by the Minister, its requisition computed according to the provisions of

section 300. See note to clause 19 of this Bill.

Section 304a deals with the School Foundation Program Fund. Subsection (5) presently reads:

(5) Eacb municipality shall pay one-third of the sum required in each year on or before the first days of each of the months of June, September and December. This amendment will not come into force until January 1, 1966.

Section 307, subsection (3) presently reads:

(3) Subject to the approval of the Minister two boards may enter into an agreement whereby one board provides conveyance for pupils residing in a district or division under the jurisdiction of the other board.

Section 329 presently reads: 329. All disputes as to the amount of fees payable by a board or by a parent or guardian under the provisions of this Part shaH be referred to the Chief Superintendent of Schools whose decision is final.

Section 369 deals with suspension of pupils. The new sub section (5) will permit a board to make a general regulation authorizing the principal to revoke the suspension. 26. The present subsection (2) with the addition of clause (a). By

section 372, subsection (1) a teacher whose designation as a principal, viC'e-principal or assistant principal has been term inated bya board may request a hearing if the termination is effective in July.

Section 400, subsection (1), clause (

e) presently reads: 400.

(1) A child is e~cused from attendance at school if (

e) the child has passed the grade nine examination of the Depart ment or has completed a course that gives him an equivalent standing, or The effect of the amendment is to require attendance at school until age 15 regardless' of attainment as long as further schooling is available for the pupil. 28. Commencement of Act. 5

Section 301, subsection (1) is amended by adding after the word "estimates" the words "and, where applic able, the receipt of the advice of the Department pursuant to sUbsection (9) of

section 304a".

Section 304a, subsection (5) is amended by striking out the words" June, September and December" and by su'b .. stituting the words "May, August and November".

Section 307 is amended by striking out subsection (3) and by substituting the following:

(3) Subject to the approval of the Minister two boards may enter into an agreement whereby one board provides conveyance for pupils whose parents or guardians reside in a district or division under the jurisdiction of the other board.

Section 32,9 is amended by striking out the words "Chief Superintendent of Schools" and by substituting the words "Director of School Administration of the Depart ment".

Section 369 is amended by adding the following sub section:

(5) The board may, by regulation, authorize any prin cipal to revoke a suspension imposed by him or by a teacher in his school, if in the principal's opinion it is proper to do so. 26. Secton 372 is amended by striking out subsection (2) and by substituting the following:

(2) If a hearing is requested, the board shall (

a) within fourteen days of the receipt of the request, provide an opportunity for the teacher to appear before the board or a committee thereof to hear the reasons for the termination of the designation and to reply thereto, and (

b) at the commencement of the hearing, provide the teacher with a written statement of the reasons for termination of the designation.

Section 400, subsection (1) is amended by striking out clause (e). 28.

(1) This Act, except

section 22, comes into force on the day upon which it is assented to.

(2) Section 22 comes into force on the first day of January, 1966. 5

No. 79 SECOND SESSION FIFTEENTH LEGISLATURE 13 ELIZABETH II 1965 BILL

An Act to amend The School Act Received and read the Fir~t time. Second time ....................................... . Third time ......................................... . HON. MR. McKINNON Title: 1965 (15th, 2nd) Bill 79,

An Act to amend The School Act

Document details

Collection	Alberta — Bills
Citation	L15 S2 1519
Type	bill
Volume / chapter	L15 S2 1519
Language	en
Format	json
Source	PROVINCIAL
Identifier	675b3a73ab5edf64d85947037c23c787addbf556

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