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SCHOOL ACT — Continued
[RSBC 1996] CHAPTER 412

Part 3 — School Personnel

Division 1 — General

Employees

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

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

(3) 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.

(4) A board may suspend from the performance of his or her duties an employee who is charged with an offence that the board considers renders the employee unsuitable to perform those duties.

(5) 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 his or her duties.

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

(7) 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

16 (1) If a board dismisses, suspends or otherwise disciplines a member of the college or a person holding a letter of permission to teach issued under section 25 (2) of the Teaching Profession Act, it must

(a) without delay, report the dismissal, suspension or other disciplinary action to the council of the college, giving reasons, and

(b) send a copy of the report to the member or the person, as the case may be.

(2) If a member of the college or a person holding a letter of permission to teach issued under section 25 (2) of the Teaching Profession Act resigns, the board must

(a) without delay, report the circumstances of the resignation to the council of the college if the board considers that it is in the public interest to do so, and

(b) send a copy of the report to the member or the person, as the case may be.

(3) A board that has made a report to the college under this section in respect of a member of the college or a person holding a letter of permission to teach issued under section 25 (2) of the Teaching Profession Act must, without delay after being requested to do so by the college,

(a) provide the college with all of the records available to the board that touch on the matter in respect of which the report was made, and

(b) send a copy of the records referred to in paragraph (a) to the member or the person.

Teachers' responsibilities

17 (1) A teacher's responsibilities include designing, supervising and assessing educational programs and providing instruction to individual students and groups of students.

(2) Teachers must perform the duties set out in the regulations.

Teachers' assistants

18 (1) A board may employ persons other than teachers to assist teachers in carrying out their responsibilities and duties under this Act and the regulations.

(2) Persons employed under subsection (1) must work under the general supervision of a teacher or administrative officer.

Teacher and administrative officer qualifications

19 (1) Subject to subsection (2), a board must not employ a person as a teacher, administrative officer, superintendent of schools or assistant superintendent of schools unless that person

(a) is a member of the college and holds a certificate of qualification as a teacher, or

(b) holds a letter of permission to teach issued under section 25 (2) of the Teaching Profession Act.

(2) 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

(a) 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

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

Administrative officers

20 (1) A board may appoint a person as an administrative officer to perform the duties and have the powers set out in the regulations.

(2) An administrative officer is not an employee within the meaning of the Labour Relations Code.

(3) An administrative officer who is responsible for evaluating a teacher in a specialized assignment may

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

(b) use information obtained from the consultation in the evaluation.

Offer of teaching position and seniority

21 (1) When a board of a school district

(a) does not intend to renew the contract of an administrative officer in the school district, or

(b) intends to dismiss an administrative officer other than for cause,

the board must offer the administrative officer a teaching position in the school district before the expiry of the contract or the effective date of the dismissal.

(2) If a teacher is appointed as an administrative officer in a school district and is subsequently offered a teaching position in that school district, he or she is, for the purposes of seniority only, deemed to have been a teacher in that school district both during the period that he or she was employed as an administrative officer and during the period that he or she was employed as a teacher in that school district.

Superintendent of schools

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

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

(b) is responsible for

(i) the general organization, administration, supervision and evaluation of all educational programs, and

(ii) the operation of schools in that district, and

(c) must perform other duties set out in the regulations.

(2) 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.

Secretary treasurer

23 (1) A board must

(a) appoint a secretary treasurer of the board, and

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

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

Notification of appointment

24 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

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

Powers to suspend

26 An administrative officer of a school or the superintendent of schools may suspend a student of the school if

(a) the rules made under section 85 (2) (c) by the board operating the school do not provide otherwise, and

(b) the suspension is carried out in accordance with those rules.

Division 2 — Teachers' Collective Agreements

Terms and conditions of teachers' employment

27 (1) Despite any agreement to the contrary, the terms and conditions of a contract of employment between a board and a teacher are

(a) the provisions of this Act and the regulations,

(b) the terms and conditions, not inconsistent with this Act and the regulations, of a collective agreement under the Public Education Labour Relations Act, and

(c) the terms and conditions, not inconsistent with paragraphs (a) and (b), agreed between the board and the teacher.

(2) 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.

(3) There must not be included in a collective agreement any provision

(a) 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,

(b) restricting or regulating the assignment by a board of teaching duties to administrative officers, or

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

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

Scope of bargaining

28 (1) A teachers' union may, on matters in respect of which a board has been given power or discretion under this Act or the regulations, enter into a collective agreement containing provisions respecting

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

(b) the consequences that flow from the exercise of the power or discretion.

(2) Despite subsection (1), if this Act or the regulations contain express provisions respecting any matter referred to in subsection (1) (a) and (b), those express provisions prevail over the collective agreement in the event of conflict.

Application of the Labour Relations Code

29 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

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

(b) the right of the employers' association, as defined in the Public Education Labour Relations Act, to declare or authorize a lockout,

subject always to the provisions of the Labour Relations Code.

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