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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 Authority Act 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, 1975 between the Atlantic Provinces providing for educational services, programs and opportunities for persons with a low-incidence sensory impairment in the Atlantic Provinces and for facilities and personnel for the operation and administration 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Clause 1A(b) repealed: O.I.C. 2011-353, N.S. Reg. 279/2011.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 Special Education Authority;

 

                (e)    “Executive Committee” means an executive committee appointed by the Board pursuant 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Clause 1A(f) repealed: O.I.C. 2011-353, N.S. Reg. 279/2011.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 the Agreement;

 

                (h)    “Superintendent’ means the person appointed by the Board pursuant to the Agreement who shall be responsible to the Board for the operation of all Authority 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 the Board previously given, and in the presence of at least two members of the Board who shall 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 of Nova Scotia.

Board of Directors

Board

4     The administration, management, general direction and control of the affairs of the Authority shall be vested in the Board of Directors, the membership of which shall be the membership 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 annual meeting, a Chairman, Vice-Chairman, a Secretary and a Treasurer shall be elected from among the members. The same person may hold both offices of Secretary and Treasurer and he shall be known as the Secretary-Treasurer. Any vacancy may be filled by the Board from among its members for the remainder of the term of the retiring officer. At any annual meeting, the retiring Chairman, Vice-Chairman, Secretary or Treasurer shall be eligible 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 carry out its purposes.

Chairman and Vice-Chairman

7     The Chairman shall preside at every meeting of the Board, unless the Chairman is absent or indicates that he is unable or unwilling to preside as Chairman at a particular meeting, in which 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 prescribed by the Board.

Secretary

8     The Secretary shall keep the minutes of the meetings of the Board and perform such other duties 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 be responsible to the Board for the operation of all Authority programs and the Superintendent or the Superintendent designate shall attend Committee meetings of the Board.

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 the Board through the Superintendent for the conduct and operation of the Resource Centre and 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 every calendar 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 of Nova Scotia, or at such other place within the Atlantic Provinces as the Board may from time to time determine.

Calling of regular meetings

15   Regular meetings of the Board shall be held monthly on the 1st Thursday following the 10th day in each month unless the Chairman otherwise determines. The place and time of regular meetings shall be as the Chairman may determine. Any four directors agreeing thereto 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 the meeting, shall be given by telephone, telegraph or post by the Chairman if the Chairman has called the meeting. Two weeks’ notice by post shall be given if the meeting is called by four members agreeing thereto in writing. Provided, however, that no notice shall be required to be given of any meeting of directors held for the sole purpose of organization and the election and appointment of officers immediately following any annual meeting and no notice of any meeting shall be necessary if all the directors are present or if a quorum is present and those absent have waived notice of or otherwise signified in writing their consent to the holding of such meeting.

 

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

 

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

 

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

Adjourned meetings

17   At any adjourned meeting any business which might properly have been transacted at the meeting 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 Board provided that at least one member from each of the Atlantic Provinces must be in attendance at the commencement of the meeting in order to constitute the quorum unless the Deputy Minister of Education and Early Childhood Development of a province from which at least one member is not in attendance at the commencement of the meeting waives the latter requirement verbally or in writing to the Chairman or Vice-Chairman. Notwithstanding vacancies, the remaining members may exercise all the powers of the Board 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 in Council 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 an equality 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 year until 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 Executive Committees monthly of their expenditures and of the unexpended balance of their budgeted funds.

Budget

23   Prior the 1st day of November in each year the Board shall prepare a budget which shall show 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 until the 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 such chartered banks as the Board may designate, appoint or authorize from time to time by resolution and all such banking business or any part thereof shall be transacted on the Authority’s behalf by such one or more officers or other persons as the Board may designate, direct or authorize from time to time by resolution and, to the extent therein provided.

Execution of instruments

26   Subject to Section 25, contracts, deeds and other instruments and documents may be executed on behalf of the Authority by the Chairman together with the Vice-Chairman or the 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 of services rendered to the Authority as such member; provided, however, that the Board shall reimburse each member for all expenses incurred by the member in performing his duties 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 the Nova Scotia Teachers’ Pension Fund shall

 

                (a)    be classified in their duties and responsibilities by the Board in accordance with classifications established by the Nova Scotia Department of Human Resources for persons having similar duties and responsibilities who are employed in the civil service of the Province of Nova Scotia;

 

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

 

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

 

       (2)    In any case where the Board considers that it is not practicable or not in the public interest 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 operation of subsection (1), and employ the person or persons on such terms and conditions as it deems advisable.

Teachers

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

 

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

[Note: The reference to the Department of Education has been updated in accordance with Order in Council 2013-128 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 of teachers’ salaries paid by the Board of School Commissioners of the City of Halifax to teachers employed by the School Board; and

 

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

 

       (2)    Notwithstanding subsection (1), where, immediately before the 1st day of March 1975, a person was permanently employed as a teacher by the Board of Directors of the Interprovincial School for the Education of the Deaf or by the Board of Managers of the Halifax School for the Blind, the Board may continue to employ the person on the same terms and conditions respecting salary and other benefits as were previously enjoyed by the person.

Medical examinations

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

Assessment

 

31   The Board shall establish policies and procedures for the ongoing evaluation of the Board’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 one week 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 the pupil’s parents or guardians in writing of the pupil’s specific unacceptable behaviour and the possibility of a suspension.

 

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

 

       (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 the event the parents or guardians refuse to meet with the Director and the pupil continues to violate the regulations of the Centre, the Director shall advise the pupil and the pupil’s parents or guardians in writing that the pupil is being suspended from the 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 registered mail and copies shall be forwarded to the Superintendent of the Authority and the superintendent 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 a manner 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 parents or guardians shall be given written notice of the complaint against the pupil upon which the 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 suspension of a pupil pursuant to Sections 32 or 34 be extended for a period of not more than the remaining number of days in the school year.

 

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

 

                (a)    that the Superintendent of the Authority has suspended the pupil from the Resource 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 the Authority by sending a notice to the Superintendent within ten days of the receipt 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 more persons 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 Appeal appointed 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 decision and shall notify the pupil, and the pupil’s parents or guardians, counsel, the pupil’s school 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 the remaining 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 of appeal from the decision of the Board of Appeal appointed by the Authority to a Board of Appeal appointed by the Minister of Education and Early Childhood Development 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 Council 2013-128 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 of Appeal appointed by the Authority by giving written notice of appeal to the Authority and the Minister of Education and Early Childhood Development of the pupil’s province of residence 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 Council 2013-128 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’s province of residence shall appoint a Board of Appeal consisting of one or more persons at the discretion of the Minister; and

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

General

 

43   The Superintendent shall submit an annual report to the Board.

Section 43 added: O.I.C. 90-1317, N.S. Reg. 293/90.

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