Atlantic Provinces Special Education Authority Act Regulations

Link to law: https://www.novascotia.ca/just/regulations/regs/apsearegs.htm

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Atlantic Provinces Special Education Authority Act Regulations
made under Section 20 of the

Atlantic Provinces Special Education Authority Act

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

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

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

 

1     These regulations may be cited as the Atlantic Provinces Special Education AuthorityAct Regulations.

Section 1 added: O.I.C. 2011-353, N.S. Reg. 279/2011.

 

1A  In these regulations,

 

                (a)    “Agreement” means the Agreement made the 24th day of January, 1975between the Atlantic Provinces providing for educational services, programsand opportunities for persons with a low-incidence sensory impairment in theAtlantic Provinces and for facilities and personnel for the operation andadministration of the same and for the financing thereof;

Clause 1A(a) amended: O.I.C. 2011-353, N.S. Reg. 279/2011.

Clause 1A(b) repealed: O.I.C. 2011-353, N.S. Reg. 279/2011.

 

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

 

                (d)    “Board” means the Board of Directors of the Atlantic Provinces SpecialEducation Authority;

 

                (e)    “Executive Committee” means an executive committee appointed by the Boardpursuant to the Agreement;

Clause 1A(f) repealed: O.I.C. 2011-353, N.S. Reg. 279/2011.

 

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

 

                (h)    “Superintendent’ means the person appointed by the Board pursuant to theAgreement who shall be responsible to the Board for the operation of allAuthority programs.

Clause 1(h) amended: O.I.C. 90-1317, N.S. Reg. 293/90.

Section 1 renumbered 1A: O.I.C. 2011-353, N.S. Reg. 279/2011.

The Authority

Seal of Authority

2     The Authority shall have a seal. It shall at no time be used except by authority of theBoard previously given, and in the presence of at least two members of the Board whoshall sign every instrument to which the seal is affixed.

Office

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

Board of Directors

Board

4     The administration, management, general direction and control of the affairs of theAuthority shall be vested in the Board of Directors, the membership of which shall be themembership as duly constituted by the Agreement.

Officers of Board

Elected officers

5     At the first regular meeting of the members of the Board and at each subsequent annualmeeting, a Chairman, Vice-Chairman, a Secretary and a Treasurer shall be elected fromamong the members. The same person may hold both offices of Secretary and Treasurerand he shall be known as the Secretary-Treasurer. Any vacancy may be filled by the Boardfrom among its members for the remainder of the term of the retiring officer. At anyannual meeting, the retiring Chairman, Vice-Chairman, Secretary or Treasurer shall beeligible for re-election.

Appointed officers

6     The Board shall appoint a person with the title of Superintendent and such other officers,teachers, employees and specialists as in the opinion of the Board are necessary to carryout its purposes.

Chairman and Vice-Chairman

7     The Chairman shall preside at every meeting of the Board, unless the Chairman is absentor indicates that he is unable or unwilling to preside as Chairman at a particular meeting, inwhich case the Vice-Chairman shall preside as chairman. The Chairman and Vice-Chairman shall have such other powers and duties as may from time to time be prescribedby the Board.

Secretary

8     The Secretary shall keep the minutes of the meetings of the Board and perform such otherduties as may be assigned to him by the Board.

Treasurer

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

Superintendent

10   The Superintendent shall be the chief executive officer of the Board and shall beresponsible to the Board for the operation of all Authority programs and theSuperintendent or the Superintendent designate shall attend Committee meetings of theBoard.

Section 10 replaced: O.I.C. 90-1317, N.S. Reg. 293/90.

Resource Centre Director

11   A Director, appointed by the Board for a Resource Centre, shall be responsible to theBoard through the Superintendent for the conduct and operation of the Resource Centreand shall perform such duties as may be assigned to him by the Board.

Section 11 replaced: O.I.C. 80-1210, N.S. Reg. 143/80.

Meetings

Annual meeting

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

Regular meetings

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

Place of meetings

14   All meetings of the Board shall be held at Halifax, in the County of Halifax, Province ofNova Scotia, or at such other place within the Atlantic Provinces as the Board may fromtime to time determine.

Calling of regular meetings

15   Regular meetings of the Board shall be held monthly on the 1st Thursday following the10th day in each month unless the Chairman otherwise determines. The place and time ofregular meetings shall be as the Chairman may determine. Any four directors agreeingthereto in writing may call a regular meeting.

Notice of meetings

16   Three days’ notice of a meeting specifying the place, day, hour and business of themeeting, shall be given by telephone, telegraph or post by the Chairman if the Chairmanhas called the meeting. Two weeks’ notice by post shall be given if the meeting is calledby four members agreeing thereto in writing. Provided, however, that no notice shall berequired to be given of any meeting of directors held for the sole purpose of organizationand the election and appointment of officers immediately following any annual meetingand no notice of any meeting shall be necessary if all the directors are present or if aquorum is present and those absent have waived notice of or otherwise signified in writingtheir consent to the holding of such meeting.

 

Notice by telephone shall be sufficient only if the person giving notice has given therequisite notice by a prepaid direct call to a person who identifies himself by name as amember of the Board.

 

Notice by telegraph shall be sufficient if a telegram is sent through a regular commercialtelegraph service to the last known address of the Board members. Notice by post shall besent in a prepaid letter addressed to each member at his last known address and shall bedeemed to have been given at the time when the letter containing the same would bedelivered in the ordinary course of post.

 

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

Adjourned meetings

17   At any adjourned meeting any business which might properly have been transacted at themeeting originally called may be transacted without further notice.

Quorum

18   Seven (7) members of the Board shall constitute a quorum at any meeting of the Boardprovided that at least one member from each of the Atlantic Provinces must be inattendance at the commencement of the meeting in order to constitute the quorum unlessthe Deputy Minister of Education and Early Childhood Development of a province fromwhich at least one member is not in attendance at the commencement of the meetingwaives the latter requirement verbally or in writing to the Chairman or Vice-Chairman. Notwithstanding vacancies, the remaining members may exercise all the powers of theBoard so long as a quorum of the Board remains in office.

[Note: The reference to the Deputy Minister of Education has been updated in accordance with Order inCouncil 2013-128 under the Public Service Act, R.S.N.S. 1989, c. 376, effective April 4, 2013.]

Vote

19   All members of the Board, including the Chairman, shall have one vote. Where there is anequality of votes, the vote shall be a lost vote.

Section 20 repealed: O.I.C. 90-1317, N.S. Reg. 293/90.

Financial

Fiscal year

21   The fiscal year of the Authority shall be the period from the 1st day of April in any yearuntil the 31st day of March in the next succeeding year.

Accounts

22   The Board shall keep all financial accounts of the Authority and advise the ExecutiveCommittees monthly of their expenditures and of the unexpended balance of theirbudgeted funds.

Budget

23   Prior the 1st day of November in each year the Board shall prepare a budget which shallshow the estimated revenues and expenditures for the next ensuing fiscal year.

Auditor

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

Section 24 replaced: O.I.C. 85-720, N.S. Reg. 113/85.

Banking arrangements

25   The banking business of the Authority or any part thereof shall be transacted with suchchartered banks as the Board may designate, appoint or authorize from time to time byresolution and all such banking business or any part thereof shall be transacted on theAuthority’s behalf by such one or more officers or other persons as the Board maydesignate, direct or authorize from time to time by resolution and, to the extent thereinprovided.

Execution of instruments

26   Subject to Section 25, contracts, deeds and other instruments and documents may beexecuted on behalf of the Authority by the Chairman together with the Vice-Chairman orthe Secretary or any other member of the Board.

Expenses

27   No salary or other remuneration shall be paid to any member of the Board in respect ofservices rendered to the Authority as such member; provided, however, that the Boardshall reimburse each member for all expenses incurred by the member in performing hisduties as a member.

Section 27 amended: O.I.C. 90-1317, N.S. Reg. 293/90.

Staff

Employees

28   (1)    All persons employed by the Board who are not eligible to make contributions to theNova Scotia Teachers’ Pension Fund shall

 

                (a)    be classified in their duties and responsibilities by the Board in accordancewith classifications established by the Nova Scotia Department of HumanResources for persons having similar duties and responsibilities who areemployed in the civil service of the Province of Nova Scotia;

 

                (b)    be compensated for their services at the same rates as are established under theNova Scotia Civil Service Act for civil servants employed in similarclassifications; and

 

                (c)    otherwise be employed by the Board on the same terms and conditions relatingto working hours, sickness benefits, vacation benefits and leave of absencebenefits as are applicable to such civil servants employed in similarclassifications.

 

       (2)    In any case where the Board considers that it is not practicable or not in the publicinterest that subsection (1) shall apply to any person or persons mentioned therein,the Board may exclude such person or persons in whole or in part from the operationof subsection (1), and employ the person or persons on such terms and conditions asit deems advisable.

Teachers

29   (1)    All persons employed by the Board who are eligible to make contributions to theNova Scotia Teachers’ Pension Fund shall

 

                (a)    be certified by the Registrar, Department of Education and Early ChildhoodDevelopment, Province of Nova Scotia, in accordance with the scheme ofcertification prescribed in the regulations made pursuant to Section 3 of theNova Scotia Education Act;

[Note: The reference to the Department of Education has been updated in accordance with Order in Council2013-128 under the Public Service Act, R.S.N.S. 1989, c. 376, effective April 4, 2013.]

 

                (b)    be compensated for their services at rates of salary not less than the scales ofteachers’ salaries paid by the Board of School Commissioners of the City ofHalifax to teachers employed by the School Board; and

 

                (c)    otherwise be employed by the Board on such terms and conditions as theBoard deems advisable.

 

       (2)    Notwithstanding subsection (1), where, immediately before the 1st day of March1975, a person was permanently employed as a teacher by the Board of Directors ofthe Interprovincial School for the Education of the Deaf or by the Board of Managersof the Halifax School for the Blind, the Board may continue to employ the person onthe same terms and conditions respecting salary and other benefits as werepreviously enjoyed by the person.

Medical examinations

30   Regulations 26 and 27 of the regulations made pursuant to Section 3 of the Nova ScotiaEducation Act apply mutatis mutandis to the Board and to every teacher or other person inthe employ of the Board.

Assessment

 

31   The Board shall establish policies and procedures for the ongoing evaluation of theBoard’s programs and services.

Section 31 replaced: O.I.C. 90-1317, N.S. Reg. 293/90.

Pupil Suspension

 

32   The Director of a Resource Centre may suspend a pupil for a period of not more than oneweek where a pupil persistently violates the regulations of the Centre.

Section 32 added: O.I.C. 78-752, N.S. Reg. 136/78; replaced: O.I.C. 90-1317, N.S. Reg. 293/90.

 

33   (1)    Before suspending a pupil pursuant to Section 32, the Director shall advise thepupil’s parents or guardians in writing of the pupil’s specific unacceptable behaviourand the possibility of a suspension.

 

       (2)    If the pupil’s behaviour does not improve, the Director shall send a second letter tothe pupil’s parents or guardians requesting one or both of the parents or guardians tomeet with the pupil and the Director to endeavour to resolve the behaviouralconcerns.

 

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

 

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

 

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

 

       (6)    If after the two warnings and subsequent meeting pursuant to subsection (2) or in theevent the parents or guardians refuse to meet with the Director and the pupilcontinues to violate the regulations of the Centre, the Director shall advise the pupiland the pupil’s parents or guardians in writing that the pupil is being suspended fromthe Centre, the length of the suspension, and the reason for the suspension.

 

       (7)    Notices of suspension shall be forwarded to the parents or guardians by registeredmail and copies shall be forwarded to the Superintendent of the Authority and thesuperintendent of the pupil’s school district.

Section 33 added: O.I.C. 90-1317, N.S. Reg. 293/90.

 

34   A Director may suspend a pupil for a period of not more than two weeks who behaves in amanner that is likely to endanger the physical or mental well-being of other persons.

Section 34 added: O.I.C. 90-1317, N.S. Reg. 293/90.

 

35   Where a pupil has been suspended pursuant to Section 34, the pupil and the pupil’s parentsor guardians shall be given written notice of the complaint against the pupil upon whichthe suspension is based and the duration of the suspension.

Section 35 added: O.I.C. 90-1317, N.S. Reg. 293/90.

 

36   (1)    A Director may recommend to the Superintendent of the Authority that a suspensionof a pupil pursuant to Sections 32 or 34 be extended for a period of not more thanthe remaining number of days in the school year.

 

       (2)    If the Superintendent approves the recommendation of the Director, the pupil and thepupil’s parents or guardians shall be advised by registered mail

 

                (a)    that the Superintendent of the Authority has suspended the pupil from theResource Centre; and

 

                (b)    of the duration of the suspension; and

 

                (c)    of their right to appeal the suspension to a Board of Appeal appointed by theAuthority by sending a notice to the Superintendent within ten days of thereceipt of the decision of the Superintendent.

Section 36 added: O.I.C. 90-1317, N.S. Reg. 293/90.

 

37   Within 10 days of receipt of a notice of appeal pursuant to Section 36

 

                (a)    the Authority shall appoint a Board of Appeal consisting of one or morepersons at the discretion of the Authority; and

 

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

Section 37 added: O.I.C. 90-1317, N.S. Reg. 293/90.

 

38   The pupil and the pupil’s parents or guardians may appeal before a Board of Appealappointed pursuant to Sections 37 or 41 in person with or without counsel.

Section 38 added: O.I.C. 90-1317, N.S. Reg. 293/90.

 

39   (1)    Within ten days of hearing the appeal, the Board of Appeal shall render its decisionand shall notify the pupil, and the pupil’s parents or guardians, counsel, the pupil’sschool district superintendent and the Authority that

 

                (a)    the suspension has been confirmed;

                (b)    the suspension has been revoked; or

                (c)    the suspension has been extended for a period of days not in excess of theremaining number of days in the school year.

 

       (2)    The pupil and the pupil’s parents or guardians shall be advised that there is a right ofappeal from the decision of the Board of Appeal appointed by the Authority to aBoard of Appeal appointed by the Minister of Education and Early ChildhoodDevelopment of the pupil’s province of residence.

Section 39 added: O.I.C. 90-1317, N.S. Reg. 293/90.

[Note: The reference to the Minister of Education has been updated in accordance with Order in Council2013-128 under the Public Service Act, R.S.N.S. 1989, c. 376, effective April 4, 2013.]

 

40   The pupil and the pupil’s parents or guardians may appeal the decision of the Board ofAppeal appointed by the Authority by giving written notice of appeal to the Authority andthe Minister of Education and Early Childhood Development of the pupil’s province ofresidence within 10 days of receipt of the decision.

Section 40 added: O.I.C. 90-1317, N.S. Reg. 293/90.

[Note: The reference to the Minister of Education has been updated in accordance with Order in Council2013-128 under the Public Service Act, R.S.N.S. 1989, c. 376, effective April 4, 2013.]

 

41   Within 20 days of receipt of a notice of appeal pursuant to Section 40

 

                (a)    the Minister of Education and Early Childhood Development of the pupil’sprovince of residence shall appoint a Board of Appeal consisting of one ormore persons at the discretion of the Minister; and

[Note: The reference to the Minister of Education has been updated in accordance with Order in Council2013-128 under the Public Service Act, R.S.N.S. 1989, c. 376, effective April 4, 2013.]

 

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

Section 41 added: O.I.C. 90-1317, N.S. Reg. 293/90.

 

42   The decision of the Board of Appeal appointed by the Minister of Education and EarlyChildhood Development of the pupil’s province of residence shall be final and binding.

Section 42 added: O.I.C. 90-1317, N.S. Reg. 293/90.

[Note: The reference to the Minister of Education has been updated in accordance with Order in Council2013-128 under the Public Service Act, R.S.N.S. 1989, c. 376, effective April 4, 2013.]