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School Act

[RSBC 1996] CHAPTER 412

Part 6 —  Boards of Education

Division 1 —  Corporate Status and Meetings

Board is a corporation

65  ( 1The 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.

( 1.1A board is responsible for the improvement of student achievement in the school district.

(2) A board may

(a) establish committees and specify the functions and duties of those committees,

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

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

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

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

(5) 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

66  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

67  (1) 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.

(2) 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.

(3) 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.

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

(5) 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.

(6) 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.

(7) 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

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

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

(3) 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

(a) its title, and

(b) a summary of its contents.

(4) 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

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

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

(3) 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.

(4) 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

70  (1) 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.

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

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

Remuneration and expense allowance

71  (1) A board may

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

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

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

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

Minutes

72  (1) The minutes of the proceedings of all meetings of the board must be

(a) legibly recorded in a minute book,

(b) certified as correct by the secretary treasurer or other employee designated by the board under section 69 (4), and

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

(2) 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.

(3) 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.

(4) [Repealed 2000-11-43.]

Division 2 —  Powers and Duties

Establishment and closure of schools

73  (1) A board may

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

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

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

Management of schools and property

74  (1) 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.

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

Enrollment in an educational program

74.1  (1) In this section:

"catchment area child" means a person

(a) of school age, and

(b) resident in the catchment area of the school;

"non-catchment area child" means a person

(a) of school age,

(b) resident in the school district, and

(c) not resident in the catchment area of the school;

"non-school district child" means a person

(a) of school age,

(b) resident in British Columbia, and

(c) 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 enroll in an educational program;

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

(2) A board must enroll all persons who exercise their entitlement to enroll in an educational program under section 2 (1).

(3) A board may refuse to enroll a non-school district child under section 2 (2) if the child is

(a) a student suspended by a board under section 85 (2) (d), or

(b) a student to whom a board has refused to offer an educational program under section 85 (3).

(4) A board

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

(b) 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

(c) may dispense with the application referred to in paragraph (a) and establish an alternative procedure to enroll a school district child who was enrolled in an educational program in the school district in the previous school year.

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

(6) 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 enroll in that educational program in the following descending order of priority:

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

(b) a catchment area child;

(c) a non-catchment area child;

(d) a non-school district child.

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

(a) 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,

(b) 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,

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

(ii)  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

(c) 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.

(7) 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 enroll 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).

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

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

Provision of educational program

75  (1) 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 enroll in a school in the district.

(2) A board may provide an educational program to persons referred to in subsection (1)

(a) in its own school district, or

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

(3) A board complies with subsection (1) if

(a) the educational program is provided by the board,

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

(c) 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

(i)  in full by another board or by the francophone education authority, or

(ii)  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.

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

(4.1) A board may provide all or part of an educational program by means of distributed learning only with the prior agreement of the minister.

(5) [Repealed 2002-53-19.]

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

(7) Subject to the regulations, a board

(a) 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

(b) must have students assessed and evaluated by a member of the college.

(8) A board may, in accordance with any terms and conditions specified by the board, permit a person who is older than school age

(a) to attend an educational program, or

(b) to enroll and receive instruction in an educational program sufficient to meet the general requirements for graduation.

Catchment areas

75.1  (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.

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

Conduct

76  (1) All schools and Provincial schools must be conducted on strictly secular and non-sectarian principles.

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

(3) 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  (1) A board must ensure that the average size of its classes, in the aggregate, does not exceed

(a) for kindergarten, 19 students,

(b) for grades 1 to 3, 21 students,

(c) for grades 4 to 7, 28 students, and

(d) for grades 8 to 12, 30 students.

(2) Despite subsection (1), a board must ensure that the size of any primary grades class in any school in its school district does not exceed

(a) for kindergarten, 22 students, and

(b) for grades 1 to 3, 24 students.

(2.1) Despite subsection (1) but subject to subsection (2.4), a board must ensure that the size of any class for any of grades 4 to 7 in any school in its school district does not exceed 30 students unless

(a) 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, and

(b) the principal of the school has obtained the consent of the teacher of that class.

(2.2) Despite subsection (1) but subject to subsection (2.4), a board must ensure that the size of any class for any of grades 8 to 12 in any school in its school district does not exceed 30 students unless

(a) 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, and

(b) the principal of the school has consulted with the teacher of that class.

(2.3) Despite subsections (1) to (2.2) but subject to subsection (2.4), a board must ensure that any class in any school in its school district does not have more than 3 students with an individual education plan unless

(a) 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, and

(b) the principal of the school has consulted with the teacher of that class.

(2.4) Subsections (2.1) to (2.3) apply to a board, in relation to a school year, after the date under section 76.3 (5) on the report that the board submits to the minister under section 76.3 (10) for that school year.

(3) The Lieutenant Governor in Council may, by regulation,

(a) establish the methods to be used by a board for determining average class size in the aggregate, including, without limitation, methods of providing for students with special needs,

(b) exclude any type of class, course, program, school or student from the determination of average class size in the aggregate,

(c) set dates by which determinations must be made under this section,

(d) define terms used in this section for the purposes of a regulation under this section,

(e) require boards to prepare, submit to the minister and make publicly available, in the form and manner specified by the Lieutenant Governor in Council, for each school district and each school within the school district,

(i)  reports respecting class size, and

(ii)  plans respecting allocation of resources, services and staff in order to comply with subsection (1),

(f) specify matters that must be considered by a board in preparing a plan under paragraph (e) (ii) and the information required to be included in reports or plans under paragraph (e), and

(g) require a board to establish, in respect of plans and reports under paragraph (e), a process of consultation with parents of students attending school in the school district.

(4) The limits and requirements of subsections (1) and (2) do not apply for the purposes of the 2001-2002 school year.

(5) In this section, "student with an individual education plan" means a student for whom an individual education plan must be designed under the Individual Education Plan Order, Ministerial Order 638/95, but does not include a student who has exceptional gifts or talents.

Organization of classes — consultation at the beginning of the school year

76.2  In each school year, the principal of a school must, within 15 school days after the school opening day set out in the school calendar applicable to the school for the school year,

(a) if applicable, obtain the consent of or consult with the teacher of a class as required by section 76.1 (2.1) (b), (2.2) (b) or (2.3) (b),

(b) consult with the school planning council with respect to the proposed organization of classes within that school for that school year, and

(c) provide the superintendent of schools with a proposed organization of classes for the school for that school year that is, in the opinion of the principal, appropriate for student learning.

Organization of classes — report

76.3  (1) In this section:

"class size provisions" means section 76.1 and any regulations made under that section;

"report" means

(a) a report prepared under subsection (2) by the superintendent of schools, or

(b) in the first usage of the term in subsection (10), and in subsection (11), a revised report;

(2) In each school year, the superintendent of schools for a school district must review, and prepare a report on, the organization of classes in the school district.

(3) The superintendent of schools must include in his or her report a rationale for the organization of any class in the school district that has more than 30 students.

(4) The minister may

(a) require additional information to be included in a report, and

(b) specify the form of the report.

(5) The superintendent of schools must date and sign the report to verify that, as of that date, the organization of classes in the school district

(a) is in compliance with the class size provisions, and

(b) is, in the opinion of the superintendent, appropriate for student learning.

(6) On or before October 1 of the school year to which the report relates, the superintendent of schools must submit the signed report to the board and to the district parents' advisory council, if established for the school district.

(7) On or before October 15 of the school year to which the report relates, the board must, at a public meeting of the board,

(a) accept the report, or

(b) instruct the superintendent of schools to revise the report.

(8) If the board instructs the superintendent of schools to revise the report,

(a) the superintendent must instruct the principal of a school, within the period established by the superintendent,

(i)  if applicable, to obtain the consent of or to consult with the teacher of a class as required by section 76.1 (2.1) (b), (2.2) (b) or (2.3) (b), and

(ii)  to consult with the school planning council with respect to the organization of classes within that school for that school year,

(b) on or before 15 days from the date of the public meeting referred to in subsection (7), the superintendent must revise the report in accordance with the board's instructions and submit the signed revised report to the board and to the district parents' advisory council, if established for the school district, and

(c) the board must review the revised report within 7 days of receiving the revised report.

(9) Subsections (3) to (5) apply to a revised report.

(10) The board must submit the report to the minister immediately after accepting the report under subsection (7) (a) or after reviewing the revised report under subsection (8) (c).

(11) The minister must make available to the public a report received under subsection (10).

Organization of classes — changes after date on report

76.4  (1) In this section, "student with an individual education plan" has the same meaning as in section 76.1.

(2) If the size of any class for any of grades 4 to 12 in any school in a school district exceeds 30 students, subject to subsection (4), the board of that school district must ensure that the class size does not increase unless

(a) in relation to a class for any of grades 4 to 7, the requirements of section 76.1 (2.1) (a) and (b) are met, or

(b) in relation to a class for any of grades 8 to 12, the requirements of section 76.1 (2.2) (a) and (b) are met.

(3) If any class in any school in a school district has more than 3 students with an individual education plan, subject to subsection (4), the board of that school district must ensure that the number of students with an individual education plan in the class does not increase unless the requirements of section 76.1 (2.3) (a) and (b) are met.

(4) Subsections (2) and (3) apply to a board, in relation to a school year, after the date under section 76.3 (5) on the report that the board submits to the minister under section 76.3 (10) for that school year.

(5) Subsection (6) applies if, after the date under section 76.3 (5) on the report that the board submits to the minister under section 76.3 (10), the size of a class for any of grades 4 to 12 in a school in the school district changes and, as a result of the change, the size of the class

(a) exceeds 30 students, or

(b) increases, in accordance with subsection (2) of this section.

(6) As soon as practicable after the change in the size of a class referred to in subsection (5),

(a) the principal of the school must provide the school planning council with the rationale for the change in the organization of the class,

(b) the superintendent of schools must provide the board and the district parents' advisory council, if established for the school district, with the rationale for the change in the organization of that class, and

(c) the board must provide the minister with the rationale for the change in the organization of that class.

(7) The minister must make available to the public the rationale received under subsection (6) (c).

Special administrator — class size compliance

76.5  (1) In this section, "class size provisions" means sections 76.1 and 76.4 (2) and (3) and any regulations made under section 76.1.

(2) The minister, by order, must appoint a special administrator to a school district for a term determined by the minister if, in the opinion of the minister, the board is not in compliance with the class size provisions.

(3) A special administrator appointed under this section to a school district must review the organization of classes in the school district.

(4) After the special administrator reviews the organization of classes in the school district, the special administrator must do one of the following:

(a) if, in the opinion of the special administrator, the board is in compliance with the class size provisions, submit a report to the minister;

(b) submit the matter of the organization of classes in the school district to the board for further review by the board within the period established by the special administrator;

(c) require the board, within the period established by the special administrator,

(i)  to vary the organization of classes in the school district, or

(ii)  to do any other things necessary,

so as to comply with the class size provisions.

(5) If the matter is submitted to the board under subsection (4) (b), the board must, within the period established by the special administrator under that subsection,

(a) review the organization of classes in the school district, and

(b) submit to the special administrator proposed changes to the organization of classes.

(6) After proposed changes to the organization of classes have been submitted to the special administrator under subsection (5) (b), the special administrator must

(a) accept the proposed changes to the organization of classes and require the board to implement those changes within the period established by the special administrator, or

(b) require the board, within the period established by the special administrator,

(i)  to vary the organization of classes in the school district, or

(ii)  to do any other things necessary,

so as to comply with the class size provisions.

(7) The board must, within the applicable period established by the special administrator, do the following as applicable:

(a) implement its proposed changes to the organization of classes in the school district if those changes are accepted by the special administrator under subsection (6) (a);

(b) vary the organization of classes in the school district or do any other things necessary as required by the special administrator under subsection (4) (c) or (6) (b).

Special administrator — compliance with consultation and reporting requirements

76.6  (1) The minister, by order, may appoint a special administrator to a school district for a term determined by the minister if, in the opinion of the minister,

(a) a principal of a school in the school district has contravened section 76.2 or 76.4 (6) (a) or an instruction of the superintendent of schools under section 76.3 (8) (a),

(b) the superintendent of schools for the school district has contravened section 76.3 (2), (3), (5), (6) or (8) (a) or (b) or 76.4 (6) (b), or

(c) the board of the school district has contravened section 76.3 (7), (8) (c) or (10) or 76.4 (6) (c).

(2) A special administrator appointed under this section to a school district may require the board, within the period established by the special administrator,

(a) to instruct the employees of the board to comply with the provisions of this Act that were contravened, or

(b) to comply with other procedures established by the special administrator to remedy the contravention.

Special administrator — general

76.7  (1) For the purpose of performing his or her duties and exercising his or her powers under this Act, a special administrator may do one or more of the following:

(a) enter a school building or any other building used in conjunction with the school or offices of the board, or any part of them;

(b) inspect any record of the board;

(c) interview any employee of the board.

(2) The board must pay

(a) the remuneration of the special administrator, at the rate determined by the minister, and

(b) the expenses of the special administrator.

(3) The minister may provide a direction to the special administrator respecting the duties of the special administrator under this Act.

Authority of vice principal under sections 76.1 to 76.6

76.8  If authorized by the principal of a school, the vice principal of the school may perform any duties of the principal under sections 76.1 to 76.6.

School calendar

77  (1) On or before May 31 of each school year, a board must, in accordance with the regulations and for each school in its school district, make a school calendar for the following school year available to every parent of a student in the school.

(2) In the case of a school for which a board has adopted a school calendar that differs from the standard school calendar, the references in subsection (1) to "the following school year" are to be read as references to the period covered by that school calendar.

Standard school calendar

78  (1) The Lieutenant Governor in Council must, by regulation,

(a) set a standard school calendar that is applicable to a period of 5 consecutive school years,

(b) set the first of the standard school calendars required by this section for the 1993-1994 school year and the 4 subsequent school years, and

(c) on or before May 31 of the fourth school year in each period of 5 consecutive school years covered by a standard school calendar, set a new standard school calendar to take effect on the expiry of the then existing standard school calendar.

(2) Without limiting subsection (1), the Lieutenant Governor in Council may, in a standard school calendar set under subsection (1),

(a) set the days in session in a school year,

(b) set a minimum number of days within the days in session that must be days of instruction,

(c) set a maximum number of non-instructional periods within the days in session,

(d) set the number of days in a calendar week within the days in session that are to be school days,

(e) set the minimum number of hours of instruction that must be provided in a school year,

(f) specify the opening and closing dates for schools,

(g) specify the dates of vacation periods and holidays within the days in session, and

(h) set the date for the administrative day.

(3) A board may adopt, in accordance with the regulations, a school calendar that differs from the standard school calendar for one or more

(a) schools in its school district, or

(b) groups of students in a school in its school district.

(3.1) A board may not adopt a school calendar under subsection (3) unless, in accordance with the regulations, parents of the students enrolled in the school and representatives of employees of the board assigned to the school have been consulted.

(4) Subject to subsection (5), a school calendar adopted under subsection (3) need not be based on the school year but must cover a period of 12 consecutive months.

(5) A school calendar adopted under subsection (3) must cover a period of more than 12 months if necessary to ensure that it applies immediately on the expiration of the previous school calendar.

Extended day and year-round schooling

78.1  (1) If a board satisfies the conditions under section 78 (3.1), a provision of a teachers' collective agreement that limits or restricts, or purports to limit or restrict, the board's power to adopt and implement the school calendar approved under section 78 (3.1) for the school or the group of students concerned is void, but only to the extent that the provision limits or restricts the power in respect of that school or group of students.

(2) Without limiting subsection (1), a provision of a teachers' collective agreement is void to the extent that it limits or restricts, or purports to limit or restrict, the power of the board to establish, vary, extend or amend, in respect of the school or group of students referred to in subsection (1),

(a) the schedule of delivery of educational programs in a day of instruction,

(b) the schedule of delivery of health services, social services and other support services under section 88, in a day of instruction,

(c) the hours of the day, days of the week or months of the year on or within which educational programs are to be provided, or

(d) the days on which teachers, or persons providing services referred to in paragraph (b), are scheduled to be available for instructional, non-instructional or administrative activities.

Student records

79  (1) Subject to the orders of the minister, a board must

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

(b) 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.

(2) 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.

(3) 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  (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.

(2) 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.

(3) Despite section 79 (1), if a student is enrolled

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

(b) in a school or francophone school, but takes one or more courses through an independent school by means of distributed 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.

Accountability contracts

79.2  (1) A board must prepare an accountability contract with respect to improving student achievement in the school district and any other matters ordered by the minister.

(2) On or before October 31 of each year, a board must submit its accountability contract for the school year to the minister and must make its accountability contract available to residents of the school district and to parents of students attending schools in the district.

Report on student achievement

79.3  On receipt of a report submitted by a superintendent of schools under section 22 (1) (b.1), the board must, on approval of the report,

( aimmediately, and in any event no later than January 31 of the school year in which the board receives the report, submit that report to the minister, and

( bas soon as practicable, make the report available to the public.

Administrative directives

79.4  ( 1The minister may, by order, issue an administrative directive to a board if the minister believes that

( athe board is failing or has failed to meet its obligations under an achievement contract, or

( bit is in the public interest to do so.

( 2A board that is subject to an administrative directive may exercise its powers under this or any other Act only in accordance with the terms and conditions of the administrative directive.

( 3During the period of time that a board is subject to an administrative directive, the board may be exempted from the application of one or both of the following:

( aa regulation under this Act, by order of the Lieutenant Governor in Council;

( bministerial order, by the administrative directive.

( 4Failure of a board to comply with an administrative directive is grounds for the appointment of an official trustee.

Repealed

80  [Repealed 2002-53-22.]

Reports

81  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.

District literacy plans

81.1  ( 1A board must, on or before July 15 of a school year, establish and make available to the public a district literacy plan for the school year, setting out the plan for improving literacy in the school district.

( 2A district literacy plan must address any matters required by the minister.

( 3Before establishing a district literacy plan, a board must provide an opportunity to persons in the school district who have an interest in literacy to review and comment on its proposed district literacy plan.

Fees and deposits

82  (1) 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,

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

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

(c) educational resource materials necessary to participate in the educational program.

(2) For the purposes of subsection (1), a student is resident in British Columbia if the student and the guardian of the person of the student 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 enroll in an educational program leading to graduation, the board must provide free of charge to that student

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

(b) educational resource materials necessary to participate in the educational program.

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

(a) already met the general requirements for graduation, or

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

(3) 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.

(4) A board may require a deposit for educational resource materials provided to students and to children registered under section 13.

(5) 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.

(6) 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.

(7) 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  ( 1In 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;

" standard educational program"  means an educational program described in section 82 (1) and (2.1), including

( aan educational program provided in a language other than English under section 5 (2) or (3), and

( ban educational program provided according to the terms of an individual education plan.

( 2A board may offer a specialty academy if

( a[Not in force.]

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

( 3A board that offers a specialty academy must

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

( bcontinue to offer a standard educational program in the school district.

( 4Despite 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.

Trades programs

82.2  ( 1In this section, "trades program" means an educational activity that is designed to certify a student for a particular occupation, and includes an apprenticeship for students registered with the Industry Training Authority under the Industry Training Authority Act.

( 2Despite section 82, but subject to section 82.4, a board may do the following in relation to a student enrolled in an educational program that has a trades program component:

( acharge fees for the purchase or rental of tools, equipment and materials necessary for the student's participation in the trades program;

( brequire the student to provide his or her own tools, equipment and materials necessary for the student's participation in the trades program.

Musical instruments

82.3  ( 1Despite section 82, but subject to section 82.4, a board may do the following in relation to a student described in subsection (2) of this section:

( acharge fees for the purchase or rental of a musical instrument for the student's personal use;

( brequire the student to provide his or her own musical instrument.

( 2Subsection (1) applies to a student participating in, as part of an educational program,

( aa music class, course or program, or

( ba fine arts class, course or program with a music component.

Requirement for financial hardship policy

82.4  Sections 82 (3), 82.1 (4), 82.2 and 82.3 apply only to a board that has established policies and procedures to facilitate participation by students of school age ordinarily resident in British Columbia who would otherwise be excluded from the course, class or program because of financial hardship.

Financial assistance

83  (1) A board may

(a) assist in paying the cost of transportation, board or lodging of a student, or

(b) subject to the orders of the minister, assist in paying the cost of transportation, board, lodging or tuition fees of a person attending an educational institution outside of British Columbia.

(2) If a student is enrolled in an educational program that is delivered, in whole or in part, through distributed learning, the board may provide any financial assistance to the student that is authorized under an agreement under section 75 (4.1).

Insurance

84  (1) A board must maintain insurance in accordance with this Act and the regulations.

(2) A board may maintain insurance, other than insurance referred to in subsection (1), that the board considers necessary.

(3) Subject to the regulations, if the board maintains insurance, the board must be the named beneficiary of the insurance.

Power and capacity

85  (1) For the purposes of carrying out its powers, functions and duties under this Act and the regulations, a board has the power and capacity of a natural person of full capacity.

( 1.1Without limiting subsection (1), a board must, subject to this Act and the regulations, and in accordance with Provincial standards established by the minister, establish a code of conduct for students enrolled in educational programs provided by the board.

(2) Without limiting subsection (1), a board may, subject to this Act and the regulations, do all or any of the following:

(a) determine local policy for the effective and efficient operation of schools in the school district;

(b) subject to the orders of the minister, approve educational resource materials and other supplies and services for use by students;

(c) make rules

( i[Repealed 2007-16-4.]

(ii)  respecting suspension of students and the provision of educational programs for suspended students,

(iii)  respecting attendance of students in educational programs provided by the board,

(iv)  respecting the establishment, operation, administration and management of

(A)  schools operated by the board and educational programs provided by the board, and

(B)  transportation equipment used for the purposes of the board,

(v)  respecting the provision of volunteer services,

(vi)  respecting the management of student housing facilities and the supervision of students accommodated in them, and

(vii)  respecting any other matter under the jurisdiction of the board;

(d) suspend students, in accordance with the rules under paragraph (c) (ii), so long as the board continues to make available to those students an educational program;

(e) if approved by the council of the municipality in which the school is located, provide a system of traffic patrols to assist in the control of motor vehicle traffic on highways or elsewhere in that municipality so far as the traffic may affect students going to or from school;

(f) provide housing accommodation for students;

(g) subject to the orders of the minister, permit persons other than students to utilize board facilities, equipment and personnel;

(h) subject to the orders of the minister, evaluate and recognize educational activities of an educational program undertaken by a student outside of the school;

(i) develop and offer local programs for use in schools in the school district;

(j) subject to the orders of the minister, cause an educational assessment to be made of students or groups of students;

(k) establish loan funds or bursaries for students enrolled in an educational program in the school district and spend money received by donation.

(3) Despite any other provision of this Act, a board may refuse to offer an educational program to a student 16 years of age or older if that student

(a) has refused to comply with the code of conduct, other rules and policies referred to in section 6, or

(b) has failed to apply himself or herself to his or her studies.

(4) A rule made under subsection (2) (c) (v) must not permit volunteers to provide services that would result in the displacement of an employee.

(5) A rule that conflicts or is inconsistent with subsection (4) is void.

Agreements

86  (1) A board may, subject to this Act, the regulations and the orders of the minister,

(a) enter into an agreement to purchase or provide managerial, administrative or other services with respect to the operation of schools in a district,

(a.1) enter into an agreement to purchase educational services that will be under the general supervision of an employee of the board who is a member of the college, and

(b) enter into an agreement concerning the promotion, development or operation of recreational and community services.

(1.1) A board may, subject to this Act, the regulations and the orders of the minister, enter into an agreement with a francophone education authority to provide all or part of a francophone educational program and health and support services, including busing and educational resources, to one or more francophone students enrolled with that authority.

(1.2) A board may, subject to this Act, the regulations and the orders of the minister, enter into an agreement with one or more boards to provide health and support services, including busing and educational resources, to one or more students enrolled with that board.

(2) With the approval of the minister, a board may enter into an agreement with the government of Canada or any agency of the government of Canada with respect to the education of

(a) Indian children, or

(b) children of members of the Canadian Forces or other persons employed by the government of Canada.

(3) A board may enter into an agreement with respect to the education of Indian children

(a) with a council of a band as defined in the Indian Act (Canada), or

(b) with the council of an Indian band established by another Act of the government of Canada.

(3.1) With the approval of the minister, a board may enter into an agreement with the Nisga'a Lisims Government with respect to the education of a Nisga'a child.

(3.2) In subsection (3.1), "Nisga'a child" and "Nisga'a Lisims Government" have the same meanings as in the Nisga'a Final Agreement as defined in the Nisga'a Final Agreement Act.

(4) A board may operate a Provincial resource program in accordance with an agreement with the minister.

( 5A board may operate an early learning program with the prior agreement of the minister.

Training of student teachers

87  (1) If a board receives a request from a university established under the University Act or an institution for the training of teachers established under any other Act for permission for student teachers to practise and observe teaching, the board must permit student teachers enrolled at the university or institution reasonable access to all classrooms and other school accommodation in accordance with arrangements made by the superintendent of schools for the purposes of practising teaching, supervising, observing teaching and any related duties.

(2) A student teacher engaged in any of the duties referred to in subsection (1) has the same disciplinary authority as a teacher in the school.

Division 3 —  Health and Other Support Services

Definition

87.1  In this division, "minister of health" means the minister responsible for Part 3 of the Health Act.

Support services for schools

88  (1) A board must provide health services, social services and other support services for schools in accordance with any orders made by the minister.

(2) If a board of education is represented on a union board of health under section 43 (6) of the Health Act, the expenses payable by the board of education must be included in the operating expenses of the board of education.

School medical officer

89  (1) The minister of health must appoint for each school district a medical health officer under the Health Act as the school medical officer for that school district.

(2) The minister of health may appoint persons other than school medical officers to perform any duties that he or she considers advisable in respect of the health inspection of schools, francophone schools and the students and francophone students of those schools.

(3) A school medical officer appointed under subsection (1) has the same rights, powers and duties in respect of francophone schools located in the school district as that medical officer has for other schools in that district.

Inspection and closure of school

90  (1) A school medical officer must, as required by the minister of health, cause an inspection to be made of school buildings and school surroundings and must report to the board and the minister of health fully and in detail the result of all examinations and set out any recommendations in the report.

(2) A school medical officer may require a board to close a school when the school medical officer considers that the health or safety of students is at risk.

Examinations and reports by school medical officer

91  (1) A school medical officer may and when required by the minister of health must examine or cause examinations to be made as to the general health of students of the schools in the school district.

(2) If the school medical officer considers that the health condition of any student is such as to endanger the health or welfare of the students of a school or the employees of the board, the school medical officer must so report to the board, giving the name of the student concerned.

(3) The board must promptly act on a report under subsection (2) and must remove from a school a student whose health condition is reported by the school medical officer as being dangerous.

(4) A student who is removed from a school under subsection (3) must not be permitted to return to the school until he or she delivers to the board a certificate signed by the school medical officer permitting the student to return to the school.

(5) If a teacher, principal, vice principal or director of instruction suspects a student is suffering from a communicable disease or other physical, mental or emotional condition that would endanger the health or welfare of the other students, the teacher, the principal, the vice principal or the director of instruction

(a) must report the matter to the school medical officer, to the school principal and to the superintendent of schools for the district, and

(b) may exclude the student from school until a certificate is obtained for the student from the school medical officer or a private medical practitioner permitting the student to return to the school.

(6) If a student is removed or excluded from school under subsection (3) or (5), the board must continue to make available to the student

(a) if the student is enrolled in more than one educational program, the educational program for which the board is responsible, or

(b) in any other case, an educational program.

Board may require employee to undergo examination

92  (1) In this section, "contractor" means a person who is not an employee of a board and

(a) is present at a school, or

(b) has contact with one or more students,

because of a contract with a board.

(2) On the advice of the school medical officer, a board may, by notice to an employee of the board or to a contractor, require the employee or the contractor to undergo an examination

(a) by a medical practitioner, and to submit to the school medical officer a certificate signed by the medical practitioner setting out the medical practitioner's conclusions regarding the physical, mental and emotional health of the employee or contractor, or

(b) by a qualified person designated by the minister of health, and to submit to the school medical officer a certificate signed by the person conducting the examination setting out the person's conclusions regarding the physical, mental and emotional health of the employee or contractor.

(3) If an employee fails without reasonable excuse to take the examination required under subsection (2) within 14 days from the date of receiving notice from the board under that subsection, the board may summarily dismiss the employee.

(4) If a certificate submitted to the school medical officer under subsection (2) shows that the physical, mental or emotional health of the employee examined is such as to endanger the health or welfare of the students of the school, the board must

(a) suspend the employee and not permit the employee to return to his or her duties until the board receives from the employee a certificate signed by the school medical officer permitting the employee to return to his or her duties, and

(b) if the employee is a member of the college, report the circumstances to the college.

(5) An employee who fails to take an examination required under subsection (2) or who is suspended under subsection (4) must not be offered or accept a position with a board or a francophone education authority until the employee submits to the board or francophone education authority a medical certificate satisfactory to the board or francophone education authority or, if the employee is a member of the college, satisfactory to the college.

(6) An employee who is granted a superannuation allowance on medical evidence of total and permanent disability must not be offered or accept a position with a board or a francophone education authority until he or she submits

(a) to the minister, and

(b) if the employee is a member of the college, to the college,

a medical certificate, satisfactory to the minister, that the disability no longer exists.

(7) If a contractor fails to take the examination required under subsection (2) within 14 days from the date of receiving notice from the board under that subsection, the board may require the person who entered into the contract with the board to provide a replacement contractor.

(8) Expenses necessarily incurred by a board under this section must be included in the operating expenses of the board.

Division 4 —  Limitation of Actions and Indemnification

Interpretation

93  In this Division, a reference to a trustee, officer or employee includes a former trustee, officer or employee.

Actions against board

94  (1) No action for damages lies or may be instituted against a trustee, an officer or an employee of a board for anything said or done or omitted to be said or done by him or her in the performance or intended performance of his or her duty or the exercise of his or her power or for any alleged neglect or default in the performance or intended performance of the duty or the exercise of the power.

(1.1) No action for damages lies or may be instituted against a volunteer for anything said or done or omitted to be said or done by him or her in the provision of volunteer services for a board, or for any alleged neglect or default in the provision of volunteer services for the board by the volunteer.

(2) Subsections (1) and (1.1) do not provide a defence if

(a) the trustee, officer, employee or volunteer has, in relation to the conduct that is the subject matter of the action, been guilty of dishonesty, gross negligence or malicious or willful misconduct, or

(b) the cause of action is libel or slander.

(3) No action may be brought against a trustee, an officer or an employee of a board or a student or volunteer in respect of personal or other injuries sustained by a person arising out of the operation by the board of traffic patrols.

(4) Subsections (1), (1.1) and (3) do not absolve a board from vicarious liability arising out of a tort committed by a trustee, officer, or employee of the board, a student or a volunteer for which the board would have been liable had subsections (1), (1.1) and (3) not been in force.

Indemnification against proceedings

95  (1) A board may, by bylaw, provide that the board will indemnify a trustee, an officer or an employee of the board

(a) against a claim for damages against a trustee, officer or employee of the board arising out of performance of his or her duties, or

(b) if an inquiry under the Public Inquiry Act or other proceeding involves the administration and conduct of the business of the school district

and, in addition, may pay legal costs incurred in proceedings arising out of the claim or inquiry or other proceeding.

(2) A board may, by an affirmative vote of not less than 2/3 of all its members, pay

(a) any sum required to indemnify a trustee, an officer or an employee of the board if a prosecution arises out of the performance of his or her board duties, and

(b) costs necessarily incurred,

but the board must not pay a fine imposed on a trustee, officer or employee as a result of his or her conviction.

(3) A board must not seek indemnity against a trustee, an officer or an employee of the board in respect of any action of the trustee, officer or employee that results in a claim for damages against the board, but the board may seek indemnity

(a) against a trustee, officer or employee if the claim for damages arises out of the gross negligence of the trustee, officer or employee, or

(b) against an officer or employee if, in relation to the action that gave rise to the claim for damages against an officer or employee, the officer or employee willfully acted contrary to

(i)  the terms of his or her employment, or

(ii)  an order of a superior.

Contents  | Part 1  | Part 2  | Part 3  | Part 4  | Part 5  | Part 6  | Part 6.1  | Part 7  | Part 8  | Part 8.1  | Part 9  | Schedule