Governor in Council Education Act Regulations

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

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Governor in Council Education Act Regulations
made under Section 146 of the

Education Act

S.N.S. 1995-96, c. 1

O.I.C. 97-405 (June 24, 1997), N.S. Reg. 74/97

as amended to O.I.C. 2015-96 (March 31, 2015, effective April 1, 2015), N.S. Reg. 94/2015

 

Table of Contents

Text of Regulations

Citation

Definitions

Definitions in post-July 31, 2000 certification system

Definition of lunch program

Limiting age for public schools

Teaching aids and materials

Professional instructional staff

Transportation of students

School buildings and site selection

Grants to school boards

Formula funding grants

Transitional adjustment

Specific purpose grants

Rate to be used to determine minimum municipal contribution

Department heads

Termination of a permanent contract and severance pay

Teacher professional development

Recognition of teaching service

Days claimed

Leave for injury while on duty

Sick leave

Paternity and adoption leave

Teaching experience

Number of hours deemed a day

Programs in adult education

Teachers’ Certificates and Permits

Granting a teacher’s certificate for first time

Classes of teachers’ certificates in post-July 31, 2000 certification system

Guidelines on granting teachers’ certificates pursuant to post-July 31, 2000 certification system

Nova Scotia Instructional Leadership Program

Initial Teacher’s Certificate

Advanced Teacher’s Certificate 1

Advanced Teacher’s Certificate 2

Advanced Teacher’s Certificate 3

Endorsation of teachers’ certificates

Certificate holder retaining certificate until change of classification

Certificate holder subject to pre-August 1, 2000 certification system

Certain Class 4 certificate holders subject to pre-August 1, 2000 certification system

Teacher’s certificate holder subject to post-July 31, 2000 certification system

Progression of classifications of teachers’ certificates

Teacher’s certificate holder pursuant to the post-July 31, 2000 certification system receiving change in classification

Person registered in a pre-service teacher education program

Further provision respecting a person registered in a pre-service teacher education program

Assignment of teacher holding endorsed teacher’s certificate

Granting of special certificate and recognition of employment

Certificate holder pursuant to the post-July 31, 2000 certification system completing upgrading program within seven years of registration

Provisions that apply to both the pre-August 1, 2000 and post-July 31, 2000 certification systems

Bridging Teacher’s Certificate

[Vocational Teacher’s Certificate]

[Special certificate]

[Specialist Certificate]

School attendance

Home education

Paying for the boarding of students

Private schools

Foreign student fees

Conseil scolaire acadien provincial

Conseil acadien regional student-discipline policy

Public/private sector development and service agreements

Composition and meetings of audit committees of certain regional school boards and the Conseil acadien

Terms of reference of an audit committee

Information gathering and procedures of an audit committee

Definitions

Application for designation as designated special education private school

Continuation of designations made before August 15, 2011

Refusal of designation

Suspension or revocation of designation

Ongoing obligations and monitoring of designated school

Application for registration as registered special education private school

Refusal of registration

Suspension or revocation of registration

Ongoing obligations and monitoring of registered school

Reviewer

Eligibility for applying for funding unit

Application for funding unit

Review and grant of funding unit

Calculation of funding unit

Application for supplement

Review and grant of supplement

Calculation of supplement

Re-applying for tuition support funding

Maximum tuition support funding availability

Tuition funding for 2010-11 school year

Remittance of tuition support funding

Appointments to Tuition Appeal Board

Decisions that may be appealed to the Tuition Appeal Board

Appealing a decision of the Reviewer

Decisions of the Tuition Appeal Board

Allocation of employees of Southwest Regional School Board

Allocation of assets and liabilities of Southwest Regional School Board

Allocation of Provincial funding allocation of the Southwest Regional School Board

Ending division of Strait Regional School Board

Boards designated to share services and related resources

Manner and terms and conditions of sharing services and related resources

Management Committee for shared services and related resources

Definition of “commercial activity”

Schedule “B”

Schedule “C”

Citation

1     These regulations may be cited as the Governor in Council Education Act Regulations.

Definitions

2     (1)    In these regulations,

 

                (a)    “Act” means the Education Act;

 

                (b)    “approved”, “recognized”, “satisfactory”, “successful”, mean, respectively,approved or recognized by or satisfactory to or successful in the judgment ofthe Minister for the purpose of these regulations;

 

                (c)    “Department” means Department of Education and Early ChildhoodDevelopment;

[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.]

 

                (d)    “school room” or “room” means any area approved by the Minister forinstructional purposes;

 

                (e)    “school system” means all the schools under the jurisdiction of a school board;

 

                (f)    “substitute teacher” is a teacher or other qualified person engaged on a day-to-day basis to take the place of a person regularly employed as a teacher by aschool board;

 

                (g)    “university” includes college.

Section 2 renumbered subsection 2(1): O.I.C. 2000-404, N.S. Reg. 138/2000.

 

Definitions in post-July 31, 2000 certification system

       (2)    In Sections 30A to 30R,

 

                (a)    “certificate program” means a program of studies concerning public educationconsisting of, subject to the exclusions in subsections 30C(4) and (5), aminimum of 5 full university courses, any of which may be at theundergraduate or graduate level, or the approved equivalent, that are developedas an in-service experience for teachers, designed by or with a university,including credit courses in either or both

 

                         (i)     academic disciplines taught in the public schools or other approveddisciplines related to public school education, or

 

                         (ii)    professional studies;

 

                (b)    “degree program” means, subject to the exclusions in subsection 30C(5), aprogram of studies to receive

 

                         (i)     a graduate diploma,

 

                         (ii)    a Masters in

 

                                  (A)   a teachable subject as defined in the Public School Program, or

 

                                  (B)   Education, or

 

                         (iii)   a doctoral degree from a recognized university;

 

                (c)    “discipline” means a course of studies taught in the public schools in theProvince;

 

                (d)    “endorse” means to acknowledge recognized subject fields of competency inteaching;

 

                (e)     “graduate degree” means a Master’s or Doctorate Degree;

 

                (f)    “graduate diploma” means a diploma received upon completion of anestablished program of a recognized university consisting of a minimum 5 fulluniversity courses at the graduate level, any of which may be in either or both

 

                         (i)     an academic discipline taught in the public schools or other approveddisciplines related to public school education, or

 

                         (ii)    professional studies;

 

                (g)    “integrated program” means an individual program of studies developed by ateacher in consultation with a university, consisting of

 

                         (i)     any combination of academic and professional courses that areinterrelated, and

 

                         (ii)    a minimum of 5 full courses at a university or community college, or theapproved equivalent, including, subject to the exclusions in subsections30[C](4) and (5), a minimum of 3 full graduate courses, and a maximumof 2 full undergraduate courses;

 

                (h)    “major endorsation” means an endorsation requiring a minimum of 30 credithours of study in a discipline in a subject field and 6 credit hours of teachingmethodology in that subject field;

 

                (i)     “minor endorsation” means an endorsation requiring a minimum of 18 credithours of study in a discipline in a subject field and 3 credit hours in theteaching methodology of that subject field;

 

                (j)     “post-July 31, 2000 certification system” means the teacher’s certificationsystem prescribed in this subsection and Sections 30A to 30R;

 

                (k)    “pre-August 1, 2000 certification system” means the teacher’s certificationsystem prescribed in Sections 14, 15, 24 to 29, 32 and 33;

 

                (l)     “subject field” means a field of study representing related disciplines;

 

                (m)   “upgrading program” means a degree program, certificate program orintegrated program undertaken by a person to obtain a higher class of teacher’scertificate.

Subsection 2(2) added: O.I.C. 2000-404; N.S. Reg. 138/2000.

 

(2B)[(2A)]In the Act and in Sections 30E to 30G of these regulations, an “instructionalleadership program” means the Nova Scotia Instructional Leadership Programprovided by the Minister and as described in Section 30CA.

Subsection 2(2A) added: O.I.C. 2011-47, N.S. Reg. 21/2011.

 

       (3)    For the purposes of interpretation of Sections 30A to 30R,

 

                (a)    “one full course” equals 6 credit hours of study or 1/5 of one year of study; and

 

                (b)    “one year” equals 5 full courses of study or 30 credit hours of study.

Subsection 2(3) added: O.I.C. 2000-404; N.S. Reg. 138/2000.

Definition of lunch program

2A  (1)    In Section 64D of the Act, “lunch program provided by a public school” means aprogram of supervision for students provided by a school board during the lunchbreak for all of the following categories of students:

 

                (a)    students who are conveyed to and from a public school by a school boardunder clause 64(2)(g) of the Act;

 

                (b)    students who have been assigned to a public school that is more than 3.6 kmsfrom their residence in order to receive instruction in any of the programsreferred to in subsection 50(1) of the Ministerial Education Act Regulationsmade under the Act or for other educational purposes determined by a schoolboard;

 

                (c)    students who, a school board determines, are unable to return to their publicschool within the time established by the principal for the lunch break.

 

       (2)    This Section is effective on and after September 1, 2008, and ceases to have effecton and after August 31, 2009.

Section 2A added: O.I.C. 2008-308, N.S. Reg. 297/2008.

Limiting age for public schools

3     (1)    A child who has attained the age of 5 years on or before December 31 in any year isdeemed to be a person over 5 years of age for the purpose of subsection 5(2) of theAct during the ensuing school year.

Subsection 3(1) replaced: O.I.C. 2008-265, N.S. Reg. 272/2008.

Subsection 3(2) repealed: O.I.C. 2008-265, N.S. Reg. 272/2008.

Teaching aids and materials

4     Each school board shall provide teaching aids, materials and supplies, and repair andmaintain equipment required to conduct the prescribed school program in classrooms,school libraries, laboratories, music rooms, audio-visual rooms, gymnasiums andauditoriums, and other areas in which the program or portions of the program areconducted.

Professional instructional staff

5     (1)    Each school board shall, subject to any agreements between a school board and theNova Scotia Teachers’ Union pursuant to the Teachers’ Collective Bargaining Act,provide teachers holding authority from the Minister for the courses prescribed inSection 48 of the Ministerial Education Act Regulations, and for such courses andservices listed in Section 49 of the Ministerial Education Act Regulations, providedby the board.

 

       (2)    A day on which school has been closed by order of the Minister, a school board orits representative, or another proper authority, shall be deemed to be a school day forthe purpose of determining the number of consecutive school days taught by asubstitute teacher.

 

       (3)    A substitute teacher engaged by a school board or a person holding authority from aschool board shall be paid one-half of a day’s salary, if the teacher comes to theschool and the school has been closed owing to weather conditions or otherunforeseen cause, without notice to the teacher.

Transportation of students

6     (1)    A school board pursuant to clause 64(2)(g) of the Act shall make provision for thetransportation of students either by providing the service itself, or makingarrangements with some other person for such service, if

 

                (a)    one or more students reside more than 3.6 km from the school to which theyare to be transported; or

 

                (b)    one or more students, because of special needs, require transportationirrespective of the distance; and

 

                (c)    the school board determines that transportation of the students is necessary.

School buildings and site selection

7     (1)    For the purposes of this Section, “private sector developer” means a person, orassociation of persons, including but not limited to a joint venture or a limitedpartnership, other than the Province or a school board, who agrees with the Provinceto construct a school.

 

       (2)    For the purpose of clause 64(2)(e) of the Act, the short and long term plans to bedeveloped by a school board for the provision of barrier-free access to and withineducational facilities shall be composed of

 

                (a)    a short term component which shall

 

                            (i)      be prepared on an annual basis,

 

                            [(ii)]   identify current needs, and

 

                            [(iii)] provide for appropriate renovations and implementation schedules;and

 

                (b)    a long term component which shall

 

                         (i)      be prepared on a longer than annual basis,

 

                         (ii)    identify long term needs, and

 

                         (iii)   provide for appropriate renovations and implementation schedules in anorderly and timely basis, as resources become available.

 

       (3)    Each school board shall, at least annually, determine whether the buildings used forschool purposes, and the equipment in them, are adequate to provide for the studentsto be enrolled in the ensuing school year or years.

 

       (4)    Each school board shall report to the Minister

 

                (a)    the extent to which it is necessary to erect, acquire, purchase, alter, add to,improve, furnish or equip buildings for school purposes or barrier-free access,or to acquire land therefor;

 

                (b)    the extent to which the cost may be provided from the board’s annual budgetfor capital expenditure, repair and renovation, including any accumulatedsurplus;

 

                (c)    the amount which the board estimates may be provided by funds borrowed bythe board pursuant to Section 87 of the Act.

 

       (5)    Subject to subsection (5A), after receiving notice of the Minister’s approval inprinciple of a capital project for the construction of a new public school building bythe Province, a school board shall

 

                (a)    recommend 3 proposed sites for the building to the Minister; or

 

                (b)    if unable to recommend 3 proposed sites for the building under clause (a),recommend fewer than 3 sites and submit the reasons why it is unable to do soto the Minister in writing.

Subsection 7(5) replaced: O.I.C. 2014-53, N.S. Reg. 31/2014.

 

       (5A) If a new public school building is replacing one or more existing public schoolbuildings, a school board’s recommendation under subsection (5) must include

 

                (a)    a recommendation for at least one of the sites of the existing public schoolbuildings being replaced; or

 

                (b)    written reasons why it is unable to recommend one of the sites of the existingpublic school buildings.

Subsection 7(5A) added: O.I.C. 2014-53, N.S. Reg. 31/2014.

 

       (5B) On receiving a school board’s recommendations for sites for a new public schoolbuilding, the Minister may

 

                (a)    if one of the sites of the existing public school buildings being replaced isincluded in accordance with clause (5A)(a),

 

                         (i)     accept the 3 sites recommended, or

 

                         (ii)    if fewer than 3 sites are recommended,

 

                                  (A)   accept the reasons provided by the school board under clause (5)(b)for not recommending 3 sites, and accept the sites recommended,or
 
                                  (B)   reject the reasons provided by the school board under clause (5)(b)for not recommending 3 sites, and request that the school boardprovide the required 3 sites under clause (5)(a);

 

                (b)    if one of the sites of the existing public school buildings being replaced is notincluded in accordance with clause (5A)(b),

 

                         (i)     accept the reasons provided by the school board under clause (5A)(b) fornot including one of the sites, and either

 

                                  (A)   accept the 3 sites recommended, or

 

                                  (B)   if fewer than 3 sites are recommended,

 

                                           (I)     accept the reasons provided by the school board under clause(5)(b) for not recommending 3 sites, and accept the sitesrecommended, or
 
                                           (II)   reject the reasons provided by the school board under clause(5)(b) for not recommending 3 sites, and request that theschool board provide the required 3 sites under clause (5)(a),or

 

                         (ii)    reject the reasons provided by the school board under clause (5A)(b) fornot including one of the sites, and request that the school board includeone of the sites of the existing public school buildings being replaced inits recommendations under subsection (5).

Subsection 7(5B) added: O.I.C. 2014-53, N.S. Reg. 31/2014.

 

       (5C) The Minister shall refer the recommended sites for a new public school buildingaccepted under subsection (5B) to the Department of Transportation andInfrastructure Renewal and that department shall evaluate the sites and recommendthe most appropriate site to the Minister.

Subsection 7(5C) added: O.I.C. 2014-53, N.S. Reg. 31/2014.

 

       (5D) If the Department of Transportation and Infrastructure Renewal does not recommendany of the sites for a new public school building after its evaluation under subsection(5C), the Minister shall select the site for the building on the advice of theDepartment of Transportation Infrastructure Renewal and in consultation with theschool board.

Subsection 7(5D) added: O.I.C. 2014-53, N.S. Reg. 31/2014.

 

       (6)    If the Minister considers it advisable to have a school constructed by a private sectordeveloper, the school board, in consultation with the Minister, shall, upon receiptfrom the Minister of approval in principle of a capital project involving theacquisition of land, recommend three proposed sites for the project; the private sectordeveloper will inspect the sites and, with the agreement of the school board,recommend the most appropriate site to the Minister and the Minister shall decidewhether to accept the recommendation.

Subsection 7(6) amended: O.I.C. 2014-53, N.S. Reg. 31/2014.

 

       (7)    If the Minister accepts the recommendation from the private sector developerpursuant to subsection (6), the Minister shall select the recommended site.

 

       (8)    If the Minister does not accept the recommendation from the private sectordeveloper pursuant to subsection (6), and if the Minister still considers it advisable tohave a school constructed by a private sector developer, the procedure respecting siterecommendation and the following steps pursuant to subsection (6) shall apply.

Grants to school boards

8     (1)    In this Section and Sections 8A to 8D,

 

                (a)    “eligible student” for a funding year means a student who meets all of thefollowing criteria:

 

                         (i)     they are enrolled in a public school on September 30 of the yearimmediately preceding the funding year,

 

                         (ii)    they attended school at least 50% of the time that the school was openfor students to attend during the months of September and October of theyear immediately preceding the funding year,

 

                         (iii)   they are within the age range established for the right to attend publicschool set out in subsection 5(2) of the Act,

 

                         (iv)   a school board does not receive funding from a source other than theProvince or a municipality for them;

 

                (b)    “funded enrolment” for a funding year means the total number of eligiblestudents at all levels in the schools of a school board;

 

                (c)    “funding year” means the 2012-2013 school board fiscal year and each fiscalyear thereafter for which the Minister’s grants are being determined;

 

                (d)    “textbook credit allocation” means the amount of credit with the Nova ScotiaSchool Book Bureau assigned by the Minister to a school board in accordancewith Section 13 of the Ministerial Education Act Regulations made under theAct.

 

       (2)    Despite clauses (1)(a) and (b), a school board may include a student who does notmeet the criteria in subclause (1)(a)(iv) as an eligible student for a funding year, ifwritten permission to do so is received from the Minister.

 

       (3)    The grants made by the Minister to school boards under Section 72 of the Act are asdetermined by

 

                (a)    formula funding grants, as provided for in Section 8A;

 

                (b)    transitional adjustments, as provided for in Section 8B; and

 

                (c)    specific purpose grants, as provided for in Section 8C.

 

       (4)    The Minister’s grants to school boards must be paid by instalments as determined bythe Minister.

Section 8 replaced: O.I.C. 2013-82, N.S. Reg. 60/2013.

Formula funding grants

8A  In determining the formula funding grant for each school board, the Minister must use amethodology that incorporates the funded enrolment of the school board and all of thefollowing factors:

 

                (a)    the requirements for delivering the public school program;

 

                (b)    the need for special education;

 

                (c)    the financial impact of changes in the funded enrolment;

 

                (d)    the financial impact related to the total number of eligible students at a school;

 

                (e)    the provision of student transportation;

 

                (f)    the provision of property services;

 

                (g)    the provision of school management;

 

                (h)    the provision of school board management;

 

                (i)     the provision for school board governance;

 

                (j)     the textbook credit allocation.

Section 8A added: O.I.C. 2013-82, N.S. Reg. 60/2013.

Transitional adjustment

8B   After the methodology for the funding formula grant is determined under Section 8A forthe funding year, the Minister may make a transitional adjustment to a school board’sfunding formula grant taking into account all of the following factors:

 

                (a)    changes in the funded enrolment;

 

                (b)    the Minister’s assessment of the ability of the school board to adjust tochanges in the amount of the formula funding grant from the precedingfunding year.

Section 8B added: O.I.C. 2013-82, N.S. Reg. 60/2013.

Specific purpose grants

8C  In determining the specific purpose grants for each school board for the funding year theMinister must take into account provincial initiatives to support students includingprovincial initiatives for student services and property maintenance.

Section 8C added: O.I.C. 2013-82, N.S. Reg. 60/2013.

Rate to be used to determine minimum municipal contribution

8D  The rate to be used to determine the minimum municipal contribution for a school boardeffective April 1, 2012, is $0.3048 per $100 of the uniform assessment of themunicipalities served by the school board, as determined under the Municipal Grants Actand Section 73 of the Act.

Section 8D added: O.I.C. 2013-82, N.S. Reg. 60/2013.

Department heads

9     Department heads may be appointed for business education, English, French, studentservices, family studies, industrial arts technology, fine arts, mathematics, modern andclassical languages, music, physical education, science and social studies, provided that aminimum of four teachers are teaching a minimum of 60 percent of teaching time in thatarea.

Termination of a permanent contract and severance pay

10   (1)    Termination of a permanent contract pursuant to subclause 34(2)(b)(ii) of the Actshall be subject to any provisions contained in an agreement between a school boardand the Nova Scotia Teachers’ Union.

 

       (2)    Where the permanent contract of a teacher is terminated pursuant to subclause34(2)(b)(ii) of the Act immediately following five or more years of continuousemployment as a teacher in the Province of Nova Scotia and the Minister is satisfiedthat the termination complies with the provisions of the Act, the Minister, subject tosubsection (5), shall pay to the teacher upon application, severance pay equal to theamount obtained by multiplying the number of completed years of such continuousservice as a teacher in the Province of Nova Scotia by 2 percent of the teacher’sannual salary to a maximum of 40 percent, provided that the total severance paypayable shall not exceed 50 percent of the annual salary rate prescribed by acollective agreement between the Minister and Nova Scotia Teachers’ Union ineffect at the time of the application, for a teacher holding a Teachers’ CertificateClass 5, in the 7th year.

 

       (3)    Despite subsection (2), a teacher who has a credit for 35 or more years ofpensionable service under the Teachers’ Pension Act and whose pension is notsubject to an actuarial reduction shall not be eligible for severance pay.

 

       (4)    Despite subsection (2), a teacher who refuses an offer to teach for the current schoolyear shall not be eligible for severance pay.

 

       (5)    Severance pay under subsection (2) is payable at the rate of 50 percent on September1, where there is evidence that the teacher has not been engaged to teach for thecurrent school year, with the remaining 50 percent payable on or after October 15,when it can be determined that the teacher cannot teach or claim 175 or more days inthe school year.

 

       (6)    A teacher’s continuous service shall not be deemed to be broken when the teacher ison a leave of absence approved by the Minister or a school board.

 

       (7)    Severance pay pursuant to subsection (2) shall be reduced by any severance pay paidby the employing board.

Teacher professional development

10A(1)    Every teacher who has a probationary or permanent contract with a school boardshall

 

                (a)    complete 100 contact hours of professional development every 5 yearscommencing September 30, 2000; and

 

                (b)    maintain a professional development profile to be submitted by the teacher tothe school board annually, commencing September 30, 2001, on or beforeSeptember 30 of each year, which shall be included in the teacher’s personalfile.

 

       (2)    The requirements set out in subsection (1) shall be reviewed, on or before October 1,2003, by a Committee comprising representatives of the bodies represented on theTeacher Certification Review Committee who prepared the report entitled TeacherCertification in Nova Scotia, dated October, 1998, who shall then report and makerecommendations to the Minister.

Section 10A added: O.I.C. 2000-404, N.S. Reg. 138/2000.

Recognition of teaching service

Days claimed

11   (1)    For the purpose of determining the service of a member of the instructional staff inany school year, the following periods shall be reckoned as days taught, and noteacher shall suffer loss in salary if the teacher does not teach on a school day when aschool is closed by

 

                (a)    an order of the Minister or the Minister’s representative;

 

                (b)    an order of a school board or its representative in consultation with a regionaleducation officer; however, failure of a board to consult the regionaleducational officer shall not result in a loss of salary or benefits to a teacher;

                (c)    an order of another proper authority made pursuant to a statute of theLegislature or in regulations thereunder; or

 

                (d)    as a result of a declaration by Her Majesty the Queen, the Governor General orthe Lieutenant Governor.

 

       (2)    For the purpose of determining the service of a member of the instructional staff inany school year, the following periods shall be reckoned as days taught, and noteacher shall suffer loss in salary if the teacher does not teach on a school day whenabsent with the approval of the school board

 

                (a)    because the teacher is attending meetings called at the direction of theMinister;

 

                (b)    for not more than two days while attending a professional conference orinstitute or meeting not called at the direction of the Minister, provided anysuch professional conference or institute or meeting has the approval of theDirector of Regional Education Services;

 

                (c)    because the teacher is attending government-appointed committees orcommissions;

 

                (d)    when the teacher is acting in an official capacity as a representative of theNova Scotia Teachers’ Union, provided reasonable notice is given by theteacher, and where operational requirements permit, such permission shall notbe unreasonably withheld;

 

                (e)    because the teacher is writing examinations for the purpose of improving theteacher’s professional status;

 

                (f)    because the teacher is engaged in part-time employment by the Province in aprofessional capacity;

 

                (g)    because the teacher is attending convocation exercises when the teacher isincluded in the graduation list;

 

                (h)    because the teacher is a witness before a quasi-judicial body, providedreasonable notice is given by the teacher, and where operational requirementspermit, such permission shall not be unreasonably withheld;

 

                (i)     because the teacher is conducting in-service programs;

 

                (j)     for not more than five days in any school year if the teacher is absent becauseof a death or serious illness in the teacher’s immediate family or the immediatefamily of the teacher’s spouse;

 

                (k)    because the teacher is attending education conferences outside the Province.

 

       (3)    For the purpose of determining the service of a member of the instructional staff inany school year, the following periods shall be reckoned as days taught, and noteacher shall suffer loss in salary if the teacher does not teach on a school day whenabsent

 

                (a)    because the teacher has been placed in quarantine, or other situations where theteacher is advised by a medical practitioner or medical officer to leave theteacher’s teaching duties and leave is not provided under any sick leave orother leave provisions;

 

                (b)    on a day of a civic, town, municipal, provincial, or federal election on whichday time for voting is required by a teacher whose name is on the voters’ list ofa polling district other than the one in which the teacher teaches and whocannot reasonably vote after school hours;

 

                (c)    because the teacher is on jury duty or a witness before a judicial body;

 

                (d)    because the teacher is attending to the teacher’s official duties as a member ofthe Board of Governors, Senate, or Academic Council of an approveduniversity or college in Nova Scotia;

 

Leave for injury while on duty

                (e)    not more than the total number of consecutive teaching days in a period of twoschool years from the date of injury during which a teacher is on leave anddoes not teach because the teacher was injured in the performance of theteacher’s duties, which duties have been approved by a school board or itsrepresentative, and the teacher furnishes the board with a medical certificatethat the teacher is unable to teach during this period, provided that

 

                         (i)     the amount of salary payable to the teacher for days reckoned as daystaught pursuant to the foregoing shall be reduced by any amount paid tothe teacher under any disability or liability insurance settlement towardswhich the school board contributes premiums,

 

                         (ii)    the provisions of this clause shall cease to be effective and the teacherwill be disqualified from further salary benefits under the provisions ofthis clause if the teacher engages without school board approval in otherremunerative employment while on leave.

 

       (4)    For the purposes of clauses 3(a) and (e), the school board may require the teacher tobe examined by a medical practitioner agreeable to both the teacher and the board.

 

       (5)    A teacher who is unable to resume teaching duties after a period in excess of twoschool years, provided in clause 3(e), shall be entitled to use sick leave entitlement.

 

Sick leave

       (6)    For the purpose of determining the service of a member of the instructional staff inany school year the following periods shall be reckoned as days taught and noteacher shall suffer loss in salary if the teacher does not teach on a school day whenabsent because of illness of the teacher

                 (a)    except as provided in clause (c), not more than twenty days shall be reckonedas days taught under the provisions of this subsection;

 

                (b)    where a teacher is employed full time for a period that is stated to be less thana school year, the number of days reckoned as days taught under this clauseshall not exceed the proportion of twenty days that is equal to the proportionthat the number of days contracted to be taught bears to the number of days inthe school year;

 

                (c)    notwithstanding clauses (a) and (b), where a school board has in effect acumulative sick leave plan that has been approved by the Minister, any timenot exceeding the number of days in a school year that a teacher does not teachwhile on sick leave under the plan shall be reckoned as days taught.

 

Paternity and adoption leave

       (7)    For the purpose of determining the service of a member of the instructional staff inany school year the following periods shall be reckoned as days taught, and noteacher shall suffer loss in salary if the teacher does not teach when absent not morethan one school day, or two periods on separate school days totalling not more thanone day, during which a male teacher does not teach on the occasion of the birth ofhis child.

 

       (8)    For the purpose of determining the service of a member of the instructional staff inany school year the following periods shall be reckoned as days taught, and noteacher shall suffer loss in salary if the teacher does not teach for not more than fiveschool days

 

                (a)    at the beginning of the period in which an adoptive child who is not eligible toattend school come[s] into full care of the teacher; or

 

                (b)    at times when both parents of the adoptive child are required to be present as acondition of adoption.

 

       (9)    Subsection (8) shall apply to only one teacher in the event that both parents areteachers.

 

       (10)  Despite subsection (9), a period not exceeding one day or two half days may beclaimed by the spouse of the teacher when both parents of the adoptive child arerequired to be present as a condition of adoption.

 

       (11)  Subsections (1) to (10) shall not apply to a substitute teacher.

 

Teaching experience

       (12)  For the purpose of computing the experience of a teacher to determine the salaryapplicable to the teacher under the provisions of a collective agreement between theMinister and the Nova Scotia Teachers’ Union, the following shall be consideredservice in the public schools of Nova Scotia:

 

                (a)    all service recognized under the provisions of subsections (1) to (10);

 

                (aa)  service as a substitute teacher;

Clause 11(12)(aa) added: O.I.C. 2003-469, N.S. Reg. 189/2003.

 

                (ab)  service by a person holding a teacher’s certificate and who is employed by aschool board under a probationary, permanent or term contract pursuant to acollective agreement between the Minister and the Nova Scotia Teachers’Union;

Clause 11(12)(ab) added: O.I.C. 2003-469, N.S. Reg. 189/2003.

 

                (b)    time spent on active service by a certified teacher as a member of the armedforces of Her Majesty or of an ally of Her Majesty or as a member of a SpecialForce of the United Nations;

 

                (c)    time spent as a teacher in the Nova Scotia Residential Centre, Truro, or theShelburne Youth Centre, Shelburne, or in a resource centre established andoperated pursuant to the Handicapped Persons’ Education Act, the HalifaxSchool for the Blind, the School for the Deaf, Halifax, or the InterprovincialSchool for the Education of the Deaf;

 

                (d)    service as a teacher in public schools in any part of the Commonwealth outsidethe Province;

 

                (e)    service as a teacher in public schools recognized by the Minister which areoutside the Commonwealth;

 

                (f)    service as a teacher or instructor in an educational institution approved by theMinister and operated by the Government of the Province of New Brunswick,Prince Edward Island or Newfoundland to the extent that similar service in aneducational institution operated by the Government of the Province of NovaScotia is recognized for salary purposes in the Province of New Brunswick,Prince Edward Island or Newfoundland;

 

                (g)    service as an instructor in a university recognized by the Minister in any part ofthe Commonwealth, or in any country pursuant to a plan approved by theGovernment of Canada;

 

                (h)    effective on and after July 31, 1974, service in the Province of Ontario as ateacher or instructor in a community college or college of applied arts andtechnology recognized by the Minister;

 

                (i)     a period of not more than two years during which a person holding a teacher’scertificate was absent from teaching prior to August 1, 1972, for the purpose oftaking additional study or training of no less than one academic year’s durationor the equivalent in each year, in subjects related to education, and didcomplete such study and training in a satisfactory manner;

 

                (j)     a period not exceeding two years during which a person holding a teacher’scertificate and who was employed by a school board, for not less than oneyear, is absent from teaching

 

                         (i)     as a result of a medical examination prescribed under these regulations,or

 

                         (ii)    for the purpose of taking additional study or training of not less than oneacademic year’s duration or the equivalent in each year, in subjectsrelated to education, and did complete such study and training in asatisfactory manner;

 

                (k)    service in the public service of Nova Scotia as a teacher or in a professionalcapacity related to education;

 

                (l)     not more than ten years of service as a teacher in a private school approved bythe Minister, provided that the teacher while teaching in the private school helda teacher’s certificate or subsequently obtained a teacher’s certificate;

 

                (m)   not more than two years of service as a teacher under an arrangement withCanadian University Service Overseas, provided that the teacher whileteaching under the arrangement held or was qualified to hold a teacher’scertificate and that the teaching employment is certified in a mannersatisfactory to the Minister;

 

                (n)    service in the employ of the Nova Scotia Teachers’ Union as a full-time paidofficer of the Union;

 

                (o)    time during which a teacher, with the consent of the board, is in attendance atand engaged in active participation in a national sports competition in Canada,a Commonwealth sports competition or an international sports competition,provided the teacher was selected by a duly constituted and recognizedProvincial or national sports governing body to represent the Province of NovaScotia or Canada in the sports competition as a member of an officialdelegation;

 

                (p)    time during which a teacher [who] is absent from teaching duties whileattending to official duties as a member of the House of Assembly, a schoolboard, or the council of a municipality, city or town;

 

                (q)    a period of not more than four weeks when a teacher is absent immediatelyfollowing an absence pursuant to clause 8(a).

 

       (12A)For the purpose of computing the experience of a teacher in order to determine thesalary applicable to the teacher only for the salary period commencing August 1,2003, under the provisions of a collective agreement between the Minister and theNova Scotia Teachers’ Union, service before and after August 1, 2003, as aninstructor holding a teacher’s certificate in an adult high school in Nova Scotia thatcontinuously offered a Nova Scotia High School Graduation Diploma or a NovaScotia High School Graduation Diploma for Adults during the period of service, isconsidered service in the public schools.

Subsection 11(12A) added: O.I.C. 2003-469, N.S. Reg. 189/2003.

 

       (13)  In clauses (12)(d) and (e), “public schools” means primary or secondary schoolsestablished and maintained at public expense as part of a system of free publiceducation.

 

       (14)  To determine a teacher’s experience for salary increments for a school year, theteacher’s total service as of August 1 of the academic school year in which theteacher applied for the recognition of service and submitted all of the requireddocumentation shall be taken and shall not be revised until the beginning of the nextacademic school year.

 

       (15)  Despite subsection (14), should a teacher with partial years service complete therequirements as set forth in subsections (17) or (18) before January 1 of any schoolyear, the teacher may apply in writing to the Department for revision for incrementpurposes effective January 1 and if the requirements are met, the teacher may applyannually for this revision.

 

       (16)  If the total number of days taught by a teacher and reckoned as taught under thisSection is equal to at least 175 days in the period January 1 to December 31, 1981,and in any calendar year thereafter, and the teacher is not eligible to receive a salaryincrement in August of the same calendar year, this service shall be deemed to be awhole year for increment purposes and upon application in each year the teachershall be eligible for an increment revision effective January 1 in the next calendaryear.

 

       (17)  In computing the number of years of a teacher’s service, any school year beforeAugust 1, 1958, in which the teacher was engaged in teaching for 180 days or more,including days deemed claimable days, shall count as one school year, but if ateacher was engaged in teaching for less than 180 days, including days deemedclaimable days in two or more years, the number of school years that may be countedshall be the whole number in the quotient of the total number of days on which theteacher was so engaged in such years, divided by the prescribed number of days inthe school year in which the service was rendered.

 

       (18)  In computing the number of years of a teacher’s service for the purpose of theseregulations, any school year commencing on or after August 1, 1958 in which theteacher was engaged in teaching for 175 days or more, including days reckonedunder this Section, shall count as one school year, but if a teacher is or has beenengaged in teaching for less than 175 days, including days reckoned under thisSection, in any years of two or more school years commencing on or after August 1,1958, the number of school years that may be counted shall be the whole number inthe quotient of the total number of days on which the teacher was so engaged in suchyears, divided by the number of days constituting a school year under the regulationsof the Minister in the school year or years in which the teacher was so engaged.

Number of hours deemed a day

12   (1)    Where a person is engaged otherwise than full time as a teacher, four hours ofteaching or providing services shall be deemed to constitute a day of teaching orproviding service.

 

       (2)    Despite subsection (1), where a person referred to in subsection (1) provides teachingor services for more than four hours on any day, the additional time shall not bedeemed to constitute teaching time or time providing service on any other day.

Programs in adult education

13   (1)    A school board may provide adult education programs that have as their purpose thefollowing:

 

                (a)    to provide adult basic education;

 

                (b)    to provide academic upgrading and Public School Program credit courses;

 

                (c)    to provide vocational and technical upgrading;

 

                (d)    to provide programs of instruction in English or French, as a second language;and

 

                (e)    to provide continuing education programs and courses.

 

       (2)    A school board may make provision for awarding appropriate credits, certificates,diplomas or other recognition of skill or accomplishment in programs approved bythe Minister.

 

       (3)    A school board may appoint one or more individuals to administer adult educationwhose duties will include the organization and supervision of continuing educationprograms and courses.

Teachers’ Certificates and Permits

14   Holders of teachers’ certificates issued pursuant to Section 62 of the regulations made bythe Governor in Council by Order in Council 67-615 dated August 15, 1967 shall hold andbe deemed to hold a certificate of the class equivalent to that described in Section 15.

 

15   There shall be nine classes of certificates, namely

 

                (a)    Teacher’s Certificate Class 8

                (b)    Teacher’s Certificate Class 7

                (c)    Teacher’s Certificate Class 6

                (d)    Teacher’s Certificate Class 5

                (e)    Teacher’s Certificate Class 4

                (f)    Teacher’s Certificate Class 3

                (g)    Teacher’s Certificate Class 2

                (h)    Teacher’s Certificate Class 1

                (i)     Teacher’s Certificate Class M.

 

16   (1)    The Minister shall appoint, effective September 1 of each year, a Minister’sAdvisory Committee on Teachers’ Certification, one of whose members shall be arepresentative of the Department of Education and Early Childhood Development,two of whom shall be representatives of the Nova Scotia Teachers’ Union, one ofwhom shall be the representative of the Committee of Deans and Heads of TeacherTraining Institutions, and one other person from the Department of Education andEarly Childhood Development who shall be the non-voting secretary of theMinister’s Advisory Committee on Teachers’ Certification.

[Note: The references to the Department 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.]

 

       (2)    The Minister shall appoint a Certification Appeals Committee composed of threepersons, one of whom shall be nominated by the Nova Scotia Teachers’ Union, oneof whom shall be nominated by the Minister, and one of whom shall be a personchosen from among the regional education officers who is acceptable to the twoparties and who shall be chair.

Subsection 16(2) replaced: O.I.C. 2008-281, N.S. Reg. 280/2008.

 

       (3)    Each member of the Certification Appeals Committee holds office during the term,not exceeding three years, prescribed in their appointment and may be reappointed.

Section 16(3) added: O.I.C. 2008-281, N.S. Reg. 280/2008.

 

       (4)    A member of the Certification Appeals Committee whose term expires continues tohold office until reappointed or a successor is appointed.

Section 16(4) added: O.I.C. 2008-281, N.S. Reg. 280/2008.

 

       (5)    If the term of office of a member of the Certification Appeals Committee expiresduring the course of a review being conducted by the Committee, that member mustremain part of the Committee until the review is concluded.

Section 16(5) added: O.I.C. 2008-281, N.S. Reg. 280/2008.

 

       (6)    The Minister shall fill any vacancy on the Certification Appeals Committee byappointing a person in accordance with subsection (2) to fill the former member’sunexpired term.

Section 16(6) added: O.I.C. 2008-281, N.S. Reg. 280/2008.

 

       (7)    On the recommendation of the Certification Appeals Committee, the Minister mayrevoke the appointment of any member of the Certification Appeals Committee whomisses three consecutive meetings.

Section 16(7) added: O.I.C. 2008-281, N.S. Reg. 280/2008.

 

17   (1)    In this Section,.

 

                (a)    “applicant” means a person who applies to the Minister for any class ofteacher’s certificate; and

 

                (b)    “review” means a review by the Certification Appeals Committee of adecision by the Minister to refuse an application for a class of teacher’scertificate.

 

       (2)    The Minister may refuse to grant a class of teacher’s certificate an applicant hasapplied for if the Minister has reasonable grounds to believe that the applicant doesnot fulfill the requirements specified in these regulations for the granting of thecertificate.

 

       (3)    If the Minister refuses an application for a class of teacher’s certificate, the Ministershall notify the applicant in writing of the refusal and the reasons for the refusal byordinary mail no later than 45 days after the date the Minister received theapplication.

       (4)    Subsection (3) does not apply if the Minister refuses to grant a class of teacher’scertificate an applicant has applied for by reason that the applicant’s teacher’scertificate is suspended or cancelled.

 

       (5)    A notice under subsection (3) shall state that the applicant may request a review inaccordance with subsection (6) and shall specify any written submissions that theCertification Appeals Committee requires for the review.

 

       (6)    A request for review must be

 

                (a)    in writing;

 

                (b)    accompanied by any written submissions required by the Certification AppealsCommittee, as specified in the notice to the applicant in accordance withsubsection (5); and

 

                (c)    received by the Minister no later than 180 days after the date of the notice tothe applicant under subsection (3).

.

       (7)    Except as provided in subsection (8), and subject to subsection (10), if an applicantrequests a review, the Certification Appeals Committee must conduct a review.

 

       (8)    The Certification Appeals Committee may refuse to conduct a review if in itsopinion the request for review is frivolous, vexatious, an abuse of process, notsubmitted in accordance with this Section, or outside the jurisdiction of theCommittee.

 

       (9)    At an applicant’s request, the Certification Appeals Committee may extend the timeprescribed in clause (6)(c) for requesting a review if it is satisfied that there areapparent grounds for recommending relief and that there are reasonable grounds togrant the extension.

 

       (10)  The Certification Appeals Committee shall ensure that both an applicant whorequests a review and the Minister are given at least 14 days in which to examineand to make submissions on any document that the Committee intends to considerwhen it conducts the review.

 

       (11)  The Certification Appeals Committee shall schedule a date for a review on beingsatisfied of all of the following:

 

                (a)    the applicant has complied with the requirements of this Section in requestingthe review;

 

                (b)    both the applicant and the Minister have had at least 14 days in which toexamine all the documents in accordance with subsection (10);

 

                (c)    the review is one that should proceed according to this Section.

 

       (12)  An applicant for whom a review is conducted may attend the review, may beaccompanied by another person at the review, or may be represented by anotherperson at the review.

 

       (13)  On completing a review, and no later than 10 days after the date the CertificationAppeals Committee makes its final decision, the Committee must make arecommendation in writing to the Minister, including its reasons for therecommendation, to do one of the following:

 

                (a)    grant the class of teacher’s certificate applied for;

 

                (b)    grant the class of teacher’s certificate applied for after the applicant fulfillsconditions specified by the Committee, including certain of the requirementsspecified in these regulations for the granting of the class of certificate appliedfor;

 

                (c)    refuse to grant the class of teacher’s certificate applied for.

 

       (14)  The Minister shall consider the recommendation of the Certification AppealsCommittee and advise the Committee of the decision of the Minister.

 

       (15)  The chair of the Certification Appeals Committee shall notify the applicant of thedecision of the Minister by providing the applicant with a copy of the Committee’srecommendation and the Minister’s decision no later than 30 days after the date theCommittee makes its recommendation to the Minister.

Section 17 replaced: O.I.C. 2008-282, N.S. Reg. 281/2008.

 

18   Every applicant for a teacher’s certificate or permit shall submit with the application

 

                (a)    documentary evidence in a form prescribed by the Minister respecting theapplicant’s character, age, training and qualifications; and

 

                (b)    the applicable fee prescribed in Section 18A.

Section 18 replaced: O.I.C. 2001-73, N.S. Reg. 13/2001.

 

18A(1)    An applicant for an initial certificate shall pay a fee of $106.15.

 

       (2)    An applicant for renewal of a certificate shall pay a fee of $46.45.

 

       (3)    An applicant for a duplicate certificate shall pay a fee of $46.45.

Section 18A added: O.I.C. 2001-73, N.S. Reg. 13/2001; replaced: O.I.C. 2015-96, N.S. Reg. 94/2015.

 

19   (1)    The Minister shall not issue a certificate or permit unless the Minister is satisfied thatthe applicant is of good character.

 

       (2)    A certificate granted by the Minister shall be a permanent certificate.

 

19A(1)    The Minister may provide a statement of professional standing to the holder of ateacher’s certificate, upon application and payment of the fee prescribed insubsection (2).

 

       (2)    An applicant for a statement of professional standing shall submit a fee of $33.15with their application.

Subsection 19A(2) replaced: O.I.C. 2015-96, N.S. Reg. 94/2015.

Section 19A added: O.I.C. 2002-578, N.S. Reg. 154/2002.

 

20   (1)    In this Section and Section 20A,

 

                (a)    “certificate” includes a

 

                         (i)     teacher’s certificate,

 

                         (ii)    vocational teacher’s certificate, and

 

                         (iii)   special certificate; and

 

                (b)    “permit” includes a

 

                         (i)     teacher’s permit, and

 

                         (ii)    vocational teacher’s permit.

 

       (2)    The Minister may, for cause, take any of the following actions respecting acertificate or permit:

 

                (a)    issue a letter of caution to the holder of a certificate or permit;

 

                (b)    issue a letter of reprimand to the holder of a certificate or permit;

 

                (c)    suspend a certificate or permit with or without restrictions or conditions on thereinstatement of the certificate or permit;

 

                (d)    cancel a certificate or permit.

Subsection 20(2) replaced: O.I.C. 2008-279, N.S. Reg. 278/2008.

 

       (3)    The Minister shall send the holder of a certificate or permit a copy of theinvestigation report prepared by the Department at least 30 days before taking any ofthe actions listed in subsection (2), and the holder of the certificate or permit mayprovide a written response to the investigation report.

Subsection 20(3) replaced: O.I.C. 2008-279, N.S. Reg. 278/2008.

 

       (4)    An investigation report sent under subsection (3) shall state the reasons for theMinister’s decision to take any of the actions listed in subsection (2) and no otherreason may be added later.

Subsection 20(4) replaced: O.I.C. 2008-279, N.S. Reg. 278/2008.

 

       (5)    If the Minister does not take any of the actions listed in subsection (2) after aninvestigation, the Minister shall send a notice in writing of the decision to the holderof the certificate or permit no later than 30 days after the date of the Minister’sdecision.

Subsection 20(5) added: O.I.C. 2008-279, N.S. Reg. 278/2008.

 

       (6)    The Minister shall immediately report any suspension or cancellation of a certificateor permit made under this Section, including any restrictions or conditions on thecertificate or permit to all of the following:

 

                (a)    all school boards in the Province;

 

                (b)    all teacher certification authorities within Canada;

 

                (c)    any teacher certification authorities outside of Canada the Minister considersappropriate.

Subsection 20(6) added: O.I.C. 2008-279, N.S. Reg. 278/2008.

 

       (7)    The Minister may disclose information obtained in the course of an investigationthat results in a certificate or permit being suspended or cancelled under this Sectionto any teaching authority that requests the information, and may include detailsrelating to any restrictions or conditions on the reinstatement of the certificate orpermit.

Subsection 20(7) added: O.I.C. 2008-279, N.S. Reg. 278/2008.

 

       (8)    The Minister may, in the Minister’s absolute discretion, reinstate a certificate orpermit that has been suspended or cancelled under this Section.

Subsection 20(8) added: O.I.C. 2008-279, N.S. Reg. 278/2008.

 

       (9)    A holder of a certificate or permit may voluntarily surrender their certificate orpermit to the Minister.

Subsection 20(9) added: O.I.C. 2008-279, N.S. Reg. 278/2008.

Section 20 replaced: O.I.C. 2003-6, N.S. Reg. 6/2003.

 

20A(1)    A school board shall report in writing to the Minister if

 

                (a)    the school board suspends, discharges, refuses to employ or terminates theemployment of a holder of a certificate or permit; or

 

                (b)    a holder of a certificate or permit retires or resigns from employment with theschool board,

 

as a result of conduct that may relate to the suitability of the holder to hold acertificate or permit.

 

       (2)    A report provided pursuant to subsection (1) shall include

 

                (a)    the certificate or permit holder’s

 

                         (i)     full name, including previous names,

 

                         (ii)    date of birth,

 

                         (iii)   type and class of certificate or type of permit, and

 

                         (iv)   professional number; and

 

                (b)    a general description of the conduct and circumstances that resulted in thematters on which the school board is required to report pursuant to subsection(1).

 

       (3)    On or before March 31 in each year, the Minister shall provide the teachercertification authority of every province and territory of Canada with an annualsummary, as prescribed in subsection (4), of every suspension and cancellation bythe Minister of a certificate or permit in the previous calendar year.

 

       (4)    The Minister’s annual summary required by subsection (3) shall include, for eachsuspension or cancellation of a certificate or permit,

 

                (a)    an identification of whether the certificate or permit was suspended orcancelled;

 

                (b)    the date of the suspension or cancellation;

 

                (c)    the following information respecting the holder of the certificate or permit thatwas suspended or cancelled:

 

                         (i)     full name, including previous names,

 

                         (ii)    date of birth,

 

                         (iii)   type and class of certificate or type of permit, and

 

                         (iv)   professional number; and

 

                (d)    the reasons for the suspension or cancellation, including,

 

                         (i)     a general description of the conduct and circumstances that resulted inthe suspension or cancellation, and

 

                         (ii)    in the case where a school board has provided a report to the Ministerpursuant to subsection (1), the action taken by the school board asdescribed in clause (1)(a) or the action taken by the person as describedin clause (1)(b), whichever is applicable.

 

       (5)    The obligations of a school board prescribed in subsections (1) and (2) shall apply,mutatis mutandis, to

 

                (a)    the College de l’Acadie;

 

                (b)    the Nova Scotia Community College;

 

                (c)    a private school; and

 

                (d)    a private career college as defined in the Private Career Colleges RegulationAct.

Section 20A added: O.I.C. 2003-6, N.S. Reg. 6/2003.

 

21   The Minister may require that an applicant for a teacher’s certificate provide satisfactoryevidence of proficiency in the English language or the French language to meet therequirements of the Department.

 

22   (1)    For salary purposes, the classification of an initial permit or initial certificate shall beeffective on the date the teacher qualified for the classification or as of the first dayof the school year in which the teacher applied for the classification and submittedall of the required documentation, whichever is the later.

 

       (2)    For salary purposes, the change in classification of a permit or certificate shall beeffective as follows:

 

                (a)    if all required documentation is received between and including March 1 toSeptember 30, the classification shall be effective August 1;

 

                (b)    if all required documentation is received between and including October 1 toFebruary 28, the classification shall be effective January 1 of the same schoolyear.

 

23   An applicant for a higher class of teacher’s certificate shall submit with their application

 

                (a)    an official transcript or a copy of the applicant’s letter to the institutionrequesting the official transcript; and

 

                (b)    a fee of $35.00.

Section 23 replaced: O.I.C. 2002-578, N.S. Reg. 154/2002.

 

24   The Minister may grant a Teacher’s Certificate Class 4 to a person who holds anAssociate in Education through the Nova Scotia Teachers College.

 

25   The Minister may grant a Teacher’s Certificate Class 5 to a person who

 

                (a)    holds an approved bachelor’s degree from a recognized university; and

 

                (b)    has completed an approved program of Teacher Education; or

 

                (c)    has qualifications deemed by the Minister to be equivalent to those specified inboth clauses (a) and (b).

 

26   The Minister may grant a Teacher’s Certificate Class 6 to a person who

 

                (a)    has the academic and professional qualifications required for a Teacher’sCertificate Class 5; and

 

                (b)    holds an approved master’s degree from a recognized university.

 

27   The Minister may grant a Teacher’s Certificate Class 7 to a person who

 

                (a)    has the academic and professional qualifications required for a Teacher’sCertificate Class 6 and has completed one additional year of approvedgraduate study; or

 

                (b)    has the academic and professional qualifications required for a Teacher’sCertificate Class 5 and has completed two additional years of approvedgraduate study.

 

28   The Minister may grant a Teacher’s Certificate Class 8 to a person who

 

                (a)    has the academic and professional qualifications required for a Teacher’sCertificate Class 6; and

 

                (b)    holds an approved doctorate degree from a recognized university.

 

29   Despite Sections 24 to 28 and Sections 32 and 33, the Minister may grant to a personholding teacher’s certificates up to and including Class 7, a certificate of the next highestrank if the person

 

                (a)    completes after August 1, 1967, a course of training approved by the Ministerof one academic year’s duration or the equivalent thereof;

 

                (b)    completed before August 1, 1967, a course of training of one academic year’sduration or the equivalent thereof if the Minister is satisfied that the course oftraining was of a kind that the Minister would have approved on or afterAugust 1, 1967.

 

30   (1)    When a school board certifies that no holder of a Teacher’s Certificate is availablefor a teaching position, the Minister may issue a Teaching Permit to a person who isrecommended by the regional education officer for the region in which the school orclass is situated, subject to the Minister being satisfied with the person’s subjectmatter and pedagogical expertise.

 

       (2)    A permit issued under this Section constitutes permission to conduct school only inthe school region and for the school year for which it is issued.

Granting a teacher’s certificate for first time

30A(1)    Subject to subsection (2), where a person who has not previously been granted ateacher’s certificate from the Minister applies for a teacher’s certificate

 

                (a)    before August 1, 2000, and receives confirmation from the Minister that theapplication was received by the Minister on or before that date, the Ministershall receive and process the application pursuant to the pre-August 1, 2000certification system and, subject to the person satisfying the requirementspursuant to the pre-August 1, 2000 certification system for the class ofteacher’s certificate applied for, grant a teacher’s certificate pursuant to the pre-August 1, 2000 certification system; or

 

                (b)    on or after August 1, 2000, and receives confirmation from the Minister thatthe application was received by the Minister on or after that date, the Ministershall receive and process the application pursuant to the post-July 31, 2000certification system and, subject to the person satisfying the requirementspursuant to the post-July 31, 2000 certification system for the class of teacher’scertificate applied for, grant a teacher’s certificate pursuant to the post-July 31,2000 certification system.

Section 30A renumbered 30A(1) and amended: O.I.C. 2004-282, N.S. Reg. 178/2004.

 

       (2)    Despite subsection (1), where one of the following persons applies, on or afterAugust 1, 2004, for a teacher’s certificate and receives confirmation from theMinister that the application was received by the Minister on or after that date, theMinister shall, if the Minister is satisfied that the requirements of this subsection aremet, receive and process the application pursuant to the pre-August 1, 2000certification system and, subject to the person satisfying the requirements pursuant tothe pre-August 1, 2000 certification system for the class of teacher’s certificateapplied for, grant the teacher’s certificate pursuant to the pre-August 1, 2000certification system, effective on and after the date of the certificate:

 

                (a)    a person who, before August 1, 2000, held a valid teacher’s certificate grantedby an authority in another jurisdiction and satisfied the professional studiesrequirements prescribed by that jurisdiction, if

 

                         (i)     the Minister, in considering the application of the person referred toabove, considers the professional studies requirements prescribed by thatjurisdiction to be equivalent to the professional studies requirements forthe teacher’s certificate for which the person applies pursuant to thissubsection, or

 

                         (ii)    the person was granted, before August 1, 2004, a teacher’s certificatepursuant to the post-July 31, 2000 certification system;

 

                (b)    a person who, before August 1, 2000, completed an approved program ofTeacher Education in Nova Scotia, and satisfied the requirements pursuant tothe pre-August 1, 2000 certification system for a teacher’s certificate, andapplied for and was granted an equivalent teacher’s certificate from ajurisdiction other than Nova Scotia; or

 

                (c)    a person who, before August 1, 2000, held an Associate in Education diplomathrough the Nova Scotia Teachers College.                                                    

Subsection 30A(2) added: O.I.C. 2004-282, N.S. Reg. 178/2004.

 

       (3)    If a person referred to in subclause (2)(a)(ii) provides to the Minister proof ofpayment of an application fee for the teacher’s certificate referred to in thatsubclause, payment of that application fee is payment of the application fee for thepurpose of applying for a teacher’s certificate pursuant to subsection (2).

Subsection 30A(3) added: O.I.C. 2004-282, N.S. Reg. 178/2004.

 

       (4)    Any teacher’s certificate previously granted to a person by the Minister is revokedeffective on and after the date of a teacher’s certificate granted by the Minister to theperson pursuant to subsection (2).

Subsection 30A(4) added: O.I.C. 2004-282, N.S. Reg. 178/2004.

Section 30A added: O.I.C. 2000-404, N.S. Reg. 138/2000.

Classes of teachers’ certificates in post-July 31, 2000 certification system

30B The post-July 31, 2000 certification system shall comprise 4 classes of teachers’certificates, namely:

 

                (a)    Initial Teacher’s Certificate;

 

                (b)    Advanced Teacher’s Certificate 1;

 

                (c)    Advanced Teacher’s Certificate 2; and

 

                (d)    Advanced Teacher’s Certificate 3.

Section 30B added: O.I.C. 2000-404, N.S. Reg. 138/2000.

Guidelines on granting teachers’ certificates pursuant to post-July 31, 2000 certificationsystem

30C(1)    Before the Minister grants a teacher’s certificate to a person pursuant to the post-July31, 2000 certification system on the condition that the person has completed a degreeprogram, the Minister must be satisfied that the person has

 

                (a)    been awarded the degree for that degree program; or

 

                (b)    completed the requirements to be awarded the degree for that degree program.

 

       (2)    Before the Minister grants an Advanced Teacher’s Certificate 1, 2 or 3 to a personpursuant to the post-July 31, 2000 certification system on condition that the personhas completed an integrated program, the Minister

 

                (a)    must have approved the integrated program before the commencement of theintegrated program; and

 

                (b)    must not have previously granted a certificate on the condition that theintegrated program or any courses in the integrated program have beencompleted.

 

       (3)    Before the Minister grants a teacher’s certificate to a person pursuant to the post-July31, 2000 certification system on the condition that the person has completed aprogram, the Minister must be satisfied that the person has fully completed theprogram.

 

       (4)    Before the Minister grants an Advanced Teacher’s Certificate 1, 2 or 3 to a personpursuant to the post-July 31, 2000 certification system on the condition that theperson has completed a certificate program or an integrated program, the Ministermust be satisfied that the program does not include the undergraduate coursescompleted as part of the program, the completion of which was a condition for thegranting of the preceding lower class of teacher’s certificate to the person.

 

       (5)    Before the Minister grants an Advanced Teacher’s Certificate 1, 2 or 3 to a personpursuant to the post-July 31, 2000 certification system on the condition that theperson has completed a certificate program, degree program or an integratedprogram, the Minister must be satisfied that the program does not include thegraduate courses completed as part of the program, the completion of which was acondition for the granting of the preceding lower class of teacher’s certificate to theperson.

Section 30C added: O.I.C. 2000-404, N.S. Reg. 138/2000.

Nova Scotia Instructional Leadership Program

30CAThe Nova Scotia Instructional Leadership Program must include all of the following:

 

                (a)    a minimum of 6 courses, each of which must include at least 36 hours ofclassroom instruction and 36 hours of inquiry-based practice;

 

                (b)    instruction in best practices in all of the following:

 

                         (i)     instruction and assessment,

 

                         (ii)    instructional design,

 

                         (iii)   coaching and supervision skills,

 

                         (iv)   using data for instructional and school improvement,

 

                         (v)    developing a community of practice.

Section 30CA added: O.I.C. 2011-47, N.S. Reg. 21/2011.

Initial Teacher’s Certificate

30D   The Minister may grant an Initial Teacher’s Certificate 1 to a person who meets all of thefollowing qualifications:

 

                (a)    a minimum of 3 years of approved undergraduate studies;

 

                (b)    a minimum of 2 years of an approved program of professional studies; and

 

                (c)    receipt of an approved bachelor’s degree from a recognized university.

Section 30D added: O.I.C. 2000-404, N.S. Reg. 138/2000.

Advanced Teacher’s Certificate 1

30E    The Minister may grant an Advanced Teacher’s Certificate 1 to a person who meets allof the following qualifications:

 

                (a)    the academic and professional qualifications required for an Initial Teacher’sCertificate;

 

                (b)    completion of 1 of the following:

 

                         (i)     an approved

 

                                  (A)   certificate program,

 

                                  (B)   degree program, or

 

                                  (C)   integrated program,

                         (ii)    the Nova Scotia Instructional Leadership Program.

Section 30E added: O.I.C. 2000-404, N.S. Reg. 138/2000; replaced: O.I.C. 2011-47, N.S. Reg. 21/2011.

Advanced Teacher’s Certificate 2                

30F    The Minister may grant an Advanced Teacher’s Certificate 2 to a person who meets allof the following qualifications:

 

                (a)    the academic and professional qualifications required for an AdvancedTeacher’s Certificate 1;

 

                (b)    an approved

 

                         (i)     degree program,

 

                                  (A)   certificate program,

 

                                  (B)   degree program, or

 

                                  (C)   integrated program,

 

                         (ii)    the Nova Scotia Instructional Leadership Program.

Section 30F added: O.I.C. 2000-404, N.S. Reg. 138/2000; replaced: O.I.C. 2011-47, N.S. Reg. 21/2011.

Advanced Teacher’s Certificate 3

30G   The Minister may grant an Advanced Teacher’s Certificate 3 to a person who

 

                (a)    The Minister may grant an Advanced Teacher's Certificate 3 to a person whomeets all of the following qualifications:

 

                (b)    completion of 1 of the following:

 

                         (i)     an approved

 

                                  (A)   certificate program,

 

                                  (B)   degree program, or

 

                                  (C)   integrated program,

 

                         (ii)    the Nova Scotia Instructional Leadership Program;

 

                (c)    if not completed as part of the requirements in clause (a) or (b), completion ofa minimum of 6 credit hours of approved study in research methods orresearch literacy, or any combination of them totalling 6 credit hours ofapproved study;

 

                (d)    if not completed as part of the requirements in clause (a) or (b), an approvedgraduate degree from a recognized university.

Section 30G added: O.I.C. 2000-404, N.S. Reg. 138/2000; replaced: O.I.C. 2011-47, N.S. Reg. 21/2011.

Endorsation of teachers’ certificates

30H   (1) Where the Minister receives an application for a teacher’s certificate on or afterAugust 1, 2005, from a person to whom the Minister has not previously granted ateacher’s certificate, the Minister may grant the teacher’s certificate pursuant to thepost-July 31, 2000 certification system to a person who satisfies the requirements forthe class of teacher’s certificate applied for, that is endorsed for

 

                (a)    elementary education;

 

                (b)    secondary education by recognized subject field; or

 

                (c)    both elementary and secondary education where the secondary educationsubject fields are French, physical education/health education, or fine arts.

 

          (2) The Minister may grant a teacher’s certificate with more than one endorsationreferred to in subsection (1).

 

          (3) The Minister may include in the endorsation for secondary education referred to inclause (1)(b) a major or minor endorsation as recognized by the Minister.

Section 30H added: O.I.C. 2000-404, N.S. Reg. 138/2000.

Certificate holder retaining certificate until change of classification

30I     (1) A person who has been granted a Teacher’s Certificate Class 5 to 7 pursuant to thepre-August 1, 2000 certification system on or before July 31, 2000, shall retain theclass of teacher’s certificate granted until the person fulfills the requirements tochange the classification to obtain a higher class of certificate pursuant to

 

                (a)    Section 30J; or

 

                (b)    Section 30K.

 

          (2) A person who has been granted a Teacher’s Certificate Class 1 to 4 pursuant to thepre-August 1, 2000 certification system on or before July 31, 2000 shall retain theclass of teacher’s certificate granted until the person fulfills the requirements tochange the classification to obtain a higher class of certificate pursuant to

 

                (a)    Section 30J;

 

                (b)    Section 30JA; or

Clause 30I(2)(b) added: O.I.C. 2008-79, N.S. Reg. 92/2008.

 

                (c)    Section 30K.

Clause 30I(2)(b) re-lettered (c): O.I.C. 2008-79, N.S. Reg. 92/2008.

 

          (3) Despite subsections (1) and (2), a person who has been granted a teacher’scertificate pursuant to subsection 30A(2) shall retain the class of teacher’s certificategranted until the person fulfills the requirements to change the classification to obtaina higher class of certificate in accordance with Section 30JA or subsection 30K(3).

Subsection 30I(3) added: O.I.C. 2004-282, N.S. Reg. 178/2004; amended: O.I.C. 2008-79, N.S. Reg. 92/2008.

Section 30I added: O.I.C. 2000-404, N.S. Reg. 138/2000.

Certificate holder subject to pre-August 1, 2000 certification system

30J    (1) A person who holds a Teacher’s Certificate Class 5 to 7 granted pursuant to the pre-August 1, 2000 certification system and

 

                (a)    has, on or before October 31, 2000, pursuant to the pre-August 1, 2000certification system

 

                         (i)     registered in an approved upgrading program, or

 

                         (ii)    applied for a change in classification;

 

                (b)    has received confirmation from the Minister that the registration pursuant tosubclause (a)(i) or the application pursuant to subclause (a)(ii), as the case maybe, was received by the Minister on or before October 31, 2000,

 

may

 

                (c)    complete the upgrading program referred to in subclause (a)(i) pursuant to thepre-August 1, 2000 certification system;

 

                (d)    satisfy the requirements prescribed pursuant to the pre-August 1, 2000certification system for the change in classification referred to in subclause(a)(ii); and

 

                (e)    subject to satisfying the requirements for the class of teacher’s certificateapplied for, receive the

 

                         (i)     change in the teacher certification classification, and

 

                         (ii)    teacher’s certificate

 

pursuant to the pre-August 1, 2000 certification system, provided that theprogram is completed pursuant to clause (c) or the requirements are satisfiedpursuant to clause (d) within 7 years from the date of registration pursuant tosubclause (a)(i) or the application pursuant to subclause (a)(ii), as the case maybe.

 

          (2) A person who holds a Teacher’s Certificate Class 4 granted pursuant to the pre-August 1, 2000 certification system and

 

                (a)    has, on or before July 31, 2001, for the purpose of obtaining a Teacher’sCertificate Class 5, pursuant to the pre-August 1, 2000 certification system,

 

                         (i)     registered in an approved upgrading program, or

 

                         (ii)    applied for a change in classification; and

 

                (b)    has received confirmation from the Minister that the registration pursuant tosubclause (a)(i) or the application pursuant to subclause (a)(ii), as the case maybe, was received by the Minister on or before July 31, 2001,

may

 

                (c)    complete the upgrading program referred to in subclause (a)(i) pursuant to thepre-August 1, 2000 certification system;

 

                (d)    satisfy the requirements prescribed pursuant to the pre-August 1, 2000certification system for the change in classification referred to in subclause(a)(ii); and

 

                (e)    subject to satisfying the requirements for the class of teacher’s certificateapplied for, receive the

 

                         (i)     change in the teacher certification classification, and

 

                         (ii)    Teacher’s Certificate Class 5

 

pursuant to the pre-August 1, 2000 certification system, provided that theprogram is completed pursuant to clause (c) or the requirements are satisfiedpursuant to clause (d) within 7 years from the date of registration pursuant tosubclause (a)(i) or the application pursuant to subclause (a)(ii), as the case maybe.

 

          (3) A person who holds a Teacher’s Certificate Class 1 to 3 granted pursuant to the pre-August 1, 2000 certification system and

 

                (a)    has, on or before July 31, 2001, for the purpose of obtaining one or morehigher classes of certificate up to and including, but for greater certainty notexceeding, a Teacher’s Certificate Class 5, pursuant to the pre-August 1, 2000certification system,

 

                         (i)     registered in one or more approved upgrading programs, or

 

                         (ii)    applied for a change in classification; and

 

                (b)    has received confirmation from the Minister that the registration pursuant tosubclause (a)(i) or the application pursuant to subclause (a)(ii), as the case maybe, was received by the Minister on or before July 31, 2001,

 

may

 

                (c)    complete the upgrading programs referred to in subclause (a)(i) pursuant to thepre-August 1, 2000 certification system;

 

                (d)    satisfy the requirements prescribed pursuant to the pre-August 1, 2000certification system for the changes in classification referred to in subclause(a)(ii); and

 

                (e)    subject to satisfying the requirements for the one or more classes of teacher’scertificate applied for, receive

 

                         (i)     one or more changes in the teacher certification classification, as the

case may be, and

 

                         (ii)    one or more teacher’s certificate[s], as the case may be,

 

pursuant to the pre-August 1, 2000 certification system, provided that theprogram is completed pursuant to clause (c) or the requirements are satisfiedpursuant to clause (d) within 7 years from the date of registration pursuant tosubclause (a)(i) or the application pursuant to subclause (a)(ii), as the case maybe.

 

          (4) The Minister may extend the 7-year time period referred to in subsections (1) to (3)for such further period as the Minister determines, having regard to the matters theMinister considers appropriate, including illness of the person referred to in thosesubsections and unavailability of required courses.

Section 30J added: O.I.C. 2000-404, N.S. Reg. 138/2000.

Certain Class 4 certificate holders subject to pre-August 1, 2000 certification system

30JA (1) A person who holds a Teacher’s Certificate Class 4 granted pursuant to the pre-August 1, 2000 certification system and

 

                (a)    has, on or after August 1, 2001, for the purpose of obtaining a Teacher’sCertificate Class 5, pursuant to the pre-August 1, 2000 certification system,

 

                         (i)     registered in an approved upgrading program, or

 

                         (ii)    applied for a change in classification; and

 

                (b)    has received confirmation from the Minister that the registration pursuant tosubclause (a)(i) or the application pursuant to subclause (a)(ii), as the case maybe, was received by the Minister on or after August 1, 2001,

 

may

 

                (c)    complete the upgrading program referred to in subclause (a)(i) pursuant to thepre-August 1, 2000 certification system;

 

                (d)    satisfy the requirements prescribed pursuant to the pre-August 1, 2000certification system for the change in classification referred to in subclause(a)(ii); and

 

                (e)    subject to satisfying the requirements for the class of teacher’s certificateapplied for, receive the

 

                         (i)     change in the teacher certification classification, and

 

                         (ii)    Teacher’s Certificate Class 5

 

pursuant to the pre-August 1, 2000 certification system.

 

          (2) A person referred to in subsection (1) includes a person who has been granted ateacher’s certificate pursuant to subsection 30A(2), and subsection (1) applies to theperson for the purpose of applying to change their teacher certification classification.

Section 30JA added: O.I.C. 2008-79, N.S. Reg. 92/2008.

Teacher’s certificate holder subject to post-July 31, 2000 certification system

30K   (1) A person who holds a Teacher’s Certificate Class 5 to 7 granted pursuant to the pre-August 1, 2000 certification system and

 

                (a)    has, on or after November 1, 2000,

 

                         (i)     registered in an approved upgrading program, or

 

                         (ii)    applied for a change in classification; and

 

                (b)    has received confirmation from the Minister that the registration pursuant tosubclause (a)(i) or the application pursuant to subclause (a)(ii), as the case maybe, was received by the Minister on or after November 1, 2000,

 

shall

 

                (c)    complete the upgrading program referred to in subclause (a)(i) pursuant to thepost-July 31, 2000 certification system;

 

                (d)    satisfy the requirements prescribed pursuant to the post-July 31, 2000certification system for the change in classification referred to in subclause(a)(ii); and

 

                (e)    subject to satisfying the requirements for the class of teacher’s certificateapplied for, receive the

 

                         (i)     change in the teacher certification classification, and

 

                         (ii)    teacher’s certificate

 

pursuant to the post-July 31, 2000 certification system in accordance with theprogression of classifications of teacher’s certificates from the pre-August 1,2000 system to the post-July 31, 2000 certification system in Section 30L.

 

          (2) A person who holds a Teacher’s Certificate Class 1 to 3 granted pursuant to the pre-August 1, 2000 certification system and

Subsection 30K(2) amended: O.I.C. 2008-79, N.S. Reg. 92/2008.

 

                (a)    has, on or after August 1, 2001,

 

                         (i)     registered in an approved upgrading program, or

 

                         (ii)    applied for a change in classification; and

 

                (b)    has received confirmation from the Minister that the registration pursuant tosubclause (a)(i) or the application pursuant to subclause (a)(ii), as the case maybe, was received by the Minister on or after August 1, 2001,

shall

 

                (c)    complete the upgrading program referred to in subclause (a)(i) pursuant to thepost-July 31, 2000 certification system;

 

                (d)    satisfy the requirements prescribed pursuant to the post-July 31, 2000certification system for the change in classification referred to in subclause(a)(ii); and

 

                (e)    subject to satisfying the requirements for the class of teacher’s certificateapplied for, receive the

 

                         (i)     change in the teacher certification classification, and

 

                         (ii)    teacher’s certificate

 

pursuant to the post-July 31, 2000 certification system in accordance with theprogression of classifications of teachers’ certificates from the pre-August 1,2000 system to the post-July 31, 2000 certification system in Section 30L.

 

          (3) A person referred to in subsections (1) and (2) includes a person who has beengranted a teacher’s certificate pursuant to subsection 30A(2), and subsections (1) and(2) apply to the person for the purpose of applying to change their teachercertification classification.

Subsection 30K(3) added: O.I.C. 2004-282, N.S. Reg. 178/2004.

Section 30K added: O.I.C. 2000-404, N.S. Reg. 138/2000.

Progression of classifications of teachers’ certificates

30L    For purposes of Section 30K, a change in classification from a classification levelpursuant to the pre-August 1, 2000 classification system to the next higher level ofclassification pursuant to the post-July 31, 2000 classification system shall be inaccordance with the following order of levels of classifications:

 

                (a)    from a Teacher’s Certificate Class 1 to 3 to an Initial Teacher’s Certificate;

Clause 30L(a) amended: O.I.C. 2008-79, N.S. Reg. 92/2008.

 

                (b)    from a Teacher’s Certificate Class 5 to an Advanced Teacher’s Certificate 1;

 

                (c)    from a Teacher’s Certificate Class 6 to an Advanced Teacher’s CertificateClass 2;

 

                (d)    from a Teacher’s Certificate Class 7 to an Advanced Teacher’s CertificateClass 3.

Section 30L added: O.I.C. 2000-404, N.S. Reg. 138/2000.

Teacher’s certificate holder pursuant to the post-July 31, 2000 certification systemreceiving change in classification

30M  A person who has been granted a teacher’s certificate pursuant to the post-July 31, 2000certification system and

 

                (a)    has, on or after August 1, 2000,

                         (i)     registered in an approved upgrading program, or

 

                         (ii)    applied for a change in teacher certification classification; and

 

                (b)    has received confirmation from the Minister that the registration pursuant tosubclause (a)(i) or the application pursuant to subclause (a)(ii), as the case maybe, was received by the Minister on or after August 1, 2000,

 

shall

 

                (c)    complete the approved upgrading program referred to in subclause (a)(i)pursuant to the post-July 31, 2000 certification system;

 

                (d)    satisfy the requirements prescribed pursuant to the post-July 31, 2000certification system for the change in classification referred to in subclause(a)(ii); and

 

                (e)    subject to satisfying the requirements for the class of teacher’s certificateapplied for, receive the

 

                         (i)     change in the teacher certification classification, and

 

                         (ii)    teacher’s certificate

 

pursuant to the post-July 31, 2000 certification system in accordance with theprogression of classifications of certificates in Section 30B.

Section 30M added: O.I.C. 2000-404, N.S. Reg. 138/2000.

Person registered in a pre-service teacher education program

30N   (1) For greater certainty, a person who for the first time is registered and in attendance inthe undergraduate studies component of a pre-service teacher education program thatcommences in the academic year following August 31, 2000, shall be subject to therequirements for an Initial Teacher’s Certificate pursuant to the post-July 31, 2000certification system, and shall receive a teacher’s certificate pursuant to the post-July31, 2000 certification system upon the Minister being satisfied that the requirementsfor the class of teacher’s certificate applied for have been met.

 

          (2) Despite any other provision in the post-July 31, 2000 certification system, a personwho is registered and in attendance in the undergraduate studies component of a pre-service teacher education program that commences on or after September 1, 1993,but not after August 31, 2000,

 

                (a)    shall be subject to the requirements for teacher certification in effect as of thedate the person registered and commenced attendance in the pre-service teachereducation program, so long as the person completes all requirements for theteacher certification within 7 years of the date of registration andcommencement of attendance; and

 

                (b)    shall receive a teacher’s certificate pursuant to the pre-August 1, 2000certification system upon the Minister being satisfied that the requirementspursuant to the pre-August 1, 2000 certification system for the class ofteacher’s certificate applied for have been met.

 

          (3) Despite any other provision in the post-July 31, 2000 certification system, a personwho is registered and in attendance in the undergraduate studies component of a pre-service teacher education program in circumstances other than those referred to insubsection (2) shall be subject to the requirements for an Initial Teacher’s Certificatepursuant to the post-July 31, 2000 certification system, and shall receive a certificatepursuant to the post-July 31, 2000 certification system upon the Minister beingsatisfied that the requirements for the class of teacher’s certificate applied for havebeen met.

 

          (4) For greater certainty, this Section does not apply to a person who has been granted ateacher’s certificate pursuant to subsection 30A(2).

Subsection 30N(4) added: O.I.C. 2004-282, N.S. Reg. 178/2004.

Section 30N added: O.I.C. 2000-404, N.S. Reg. 138/2000.

Further provision respecting a person registered in a pre-service teacher educationprogram

30NADespite Section 30N, and any other provision of the post-July 31, 2000 certificationsystem, a person who

 

                (a)    is registered and in attendance in the undergraduate studies component of apre-service teacher education program that commences before August 31,2000; and

 

                (b)    is not a person to whom subsection 30N(2) applies,

 

and who has either

 

                (c)    received

 

                         (i)     approval from the Minister of the professional studies component of apre-service teacher education program, and

 

                         (ii)    confirmation from the Minister that the person is eligible to receive,upon completion of the pre-service teacher education program, theclassification of certificate requested by the person,

 

before August 31, 2000;

 

                (d)    registered and been in attendance in an approved program of professionalstudies in Nova Scotia that commenced either September 1, 1999, orSeptember 1, 2000; or

 

                (e)    applied for a teacher’s certificate on or after August 1, 2000, and before June 1,2001,

 

shall, subject to the terms and conditions of an approval referred to [in] clause (c),

 

                (f)    be subject to the requirements for teacher certification in effect as of the datethe person registered and commenced attendance in the undergraduate studiescomponent of the pre-service teacher education program; and

 

                (g)    receive a teacher’s certificate pursuant to the pre-August 1, 2000 certificationsystem upon the Minister being satisfied that the requirements pursuant to thepre-August 1, 2000 certification system for the class of teacher’s certificateapplied for have been met.

Section 30NA added: O.I.C. 2001-269, N.S. Reg. 59/2001.

Assignment of teacher holding endorsed teacher’s certificate

30O   (1) Effective on and after August 1, 2005, where a school board engages a person who

 

                (a)    has been granted a teacher’s certificate endorsed in elementary education; and

 

                (b)    has not previously been employed on a term or probationary contract as ateacher in a public school,

 

the school board shall, in the first year of employment of the person, assign theperson to teach at the elementary level; namely grades primary to 6.

 

          (2) Effective on and after August 1, 2005, where a school board engages a person who

 

                (a)    has been granted a teacher’s certificate endorsed in secondary education; and

 

                (b)    has not previously been employed on a term or probationary contract as ateacher in a public school,

 

the school board shall, in the first year of employment of the person, assign theperson to teach at the secondary level; namely grades 7 to 12, predominately in thesubject fields for which the person’s teacher’s certificate is endorsed.

 

          (3) Despite subsections (1) and (2), effective on and after August 1, 2005, where aschool board engages a person described in subsections (1) or (2), the school boardmay assign the person to teach exclusively at the junior high level; namely grades 7to 9.

Section 30O added: O.I.C. 2000-404, N.S. Reg. 138/2000.

Granting of special certificate and recognition of employment

30P    (1) The Minister may grant a special certificate of the appropriate class in the fields oftesting services, social services related to education and school library services, to aperson who does not otherwise qualify for a teacher’s certificate and who hascompleted the minimum qualifications as determined by the Minister in the field

for which the application is made.

 

          (2) A certificate granted pursuant to subsection (1) shall be a permanent certificate.

 

          (3) In addition to the provisions contained in Section 11, for the purpose of determiningthe salary of a person to whom a certificate is issued under this Section, the Ministermay recognize the employment of the person in the particular field of employmentfor which the certificate is issued, and that employment shall be recognized for salarypurposes provided that the person continues to be employed in the field for whichthe certificate is issued and the person held, or was eligible to hold, teachercertification in Nova Scotia at the time that the previous employment was completed.

Section 30P added: O.I.C. 2000-404, N.S. Reg. 138/2000.

Certificate holder pursuant to the post-July 31, 2000 certification system completingupgrading program within seven years of registration

30Q   (1) Despite any other provision in the post-July 31, 2000 certification system, a personwho has

 

                (a)    been granted a teacher’s certificate pursuant to the post-July 31, 2000certification system; and

 

                (b)    on or after August 1, 2000,

 

                         (i)      registered in an approved upgrading program, and

 

                         (ii)    applied for a change in classification on the condition of the

completion of the approved upgrading program,

 

shall only receive the change in classification if the

 

                (c)    upgrading program referred to in subclause (b)(i); and

 

                (d)    the requirements prescribed pursuant to the post-July 31, 2000 certificationsystem for the change in classification referred to in subclause (b)(ii)

 

are completed within 7 years of the date of registration of the upgrading program.

 

          (2) The Minister may extend the 7-year time period referred to in subsection (1) for suchfurther period as the Minister determines, having regard to the matters the Ministerconsiders appropriate, including illness of the person referred to in the subsectionand unavailability of required courses.

Section 30Q added: O.I.C. 2000-404, N.S. Reg. 138/2000.

Provisions that apply to both the pre-August 1, 2000 and post-July 31, 2000 certificationsystems

30R   For greater certainty, Sections 16 to 23, 30 and 31 apply to both the pre-August 1, 2000certification system and the post-July 31, 2000 certification system.

Section 30R added: O.I.C. 2000-404, N.S. Reg. 138/2000.

Bridging Teacher’s Certificate

30S (1)    Despite Sections 30A to 30R, the Minister may grant a Bridging Teacher’sCertificate to a person who has not previously been granted a teacher’s certificate bythe Minister and does not meet the requirements for an Initial Teacher’s Certificate,if the person meets 1 of the following qualifications:

 

                (a)    they hold a valid teacher’s certificate granted by an authority in a Canadianterritory or province other than Nova Scotia;

 

                (b)    they have completed minimum of 4 years of undergraduate education,including

 

                         (i)     an approved bachelor’s degree from a recognized university, and

 

                         (ii)    an approved program of professional studies that consists of a minimumof 30 semester hours of course work, including practicum.

 

       (2)    The Minister may grant an Initial Teacher’s Certificate to the holder of a BridgingTeacher’s Certificate who meets the academic and professional qualificationsrequired in Section 30D for an Initial Teacher’s Certificate.

 

       (3)    A Bridging Teacher’s Certificate that was issued under these regulations as theyexisted immediately before the coming into force of this Section and that has notexpired, continues under this Section and shall be treated in all respects as if it wereissued under this Section.

Section 30S added: O.I.C. 2001-270, N.S. Reg. 60/2001; replaced: O.I.C. 2011-47, N.S. Reg. 21/2011.

[Vocational Teacher’s Certificate]

31   (1)    Except as provided in subsection (2), when a person who does not hold at least aVocational Teacher’s Certificate Class I as described [in] subsection (3) has beenappointed to the instructional staff of a vocational school, the Minister may grant thatperson a Vocational Teaching Permit “A" valid for a period of six years from thedate of appointment.

 

       (2)    When a person who holds a Vocational Teaching Permit has not qualified for aVocational Teacher’s Certificate within the term of the permit, the Minister mayextend the term of that person’s permit.

 

       (3)    The Minister may issue a Vocational Teacher’s Certificate Class I to a person if theMinister is satisfied that the person

 

                (a)    holds a Nova Scotia pass certificate of not lower than grade 11 or itsequivalent;

 

                (b)    has, in one occupation, a total of at least eight years of recognized worktraining and recognized work experience, in which total there are at least oneyear of recognized work training and at least four years of recognized workexperience;

 

                (c)    has completed successfully teacher training courses requiring the equivalent ofthree-fifths of the study of a university year, comprising

 

                         (i)     a course in principles and practices of vocational education, requiringstudy equivalent to at least one-fifteenth of a university year,

 

                         (ii)    a course in teaching methods in vocational education requiring studyequivalent to at least three-fifteenths of a university year,

 

                         (iii)   a course in job analysis and vocational course construction including thesuccessful construction of a vocational course specific to the occupationin which the person has established work training and work experience,as required in clause (b) above, requiring study equivalent to at leastone-fifteenth of a university year,

                         (iv)   a course in setting and evaluating examinations for the purpose ofdetermining achievement of occupational skills and knowledge requiringstudy equivalent to at least one-fifteenth of a university year,

 

                         (v)    a course in guidance requiring study equivalent to at least one-fifteenth ofa university year,

 

                         (vi)   a course in educational psychology requiring study equivalent to at leasttwo-fifteenths of a university year or courses in both educational andgeneral psychology, each of which requires study of at least one-fifteenthof a university year;

 

                (d)    has not less than three years of successful teaching experience in a vocationalschool in Nova Scotia or its recognized equivalent.

 

       (4)    The Minister may issue a Vocational Teacher’s Certificate Class II to a person if theMinister is satisfied that the person

 

                (a)    holds a Nova Scotia pass certificate of not lower than grade 12 or its equivalentor that the person has completed successfully one year of university workconsisting of not less than five approved academic courses or that the personhas completed successfully one-half of the courses needed to qualify for aDiploma of Technology or Applied Arts;

 

                (b)    has, in one occupation, a total of at least eight years of recognized worktraining and recognized work experience, in which total there are at least oneyear of recognized work training and at least four years of recognized workexperience;

 

                (c)    has completed successfully teacher training courses requiring the equivalent offour-fifths of the study of a university year, including

 

                         (i)     a course in principles and practices of vocational education, requiringstudy equivalent to at least one-fifteenth of a university year,

 

                         (ii)    a course in teaching methods in vocational education, requiring studyequivalent to at least three-fifteenths of a university year,

 

                         (iii)   a course in job analysis and vocational course construction including thesuccessful construction of a vocational course specific to the occupationin which the person has established work training and work experience,as required in clause (b), requiring study equivalent to at leastone-fifteenth of a university year,

 

                         (iv)   a course in setting and evaluating examinations for the purpose ofdetermining achievement of occupational skills and knowledge, requiringstudy equivalent to at least one-fifteenth of a university year,

 

                         (v)    a course in guidance requiring study equivalent to at least one-fifteenth ofa university year,

                         (vi)   a course in educational psychology requiring study equivalent to at leasttwo-fifteenths of a university year or courses in both educational andgeneral psychology, each of which requires study of at least one-fifteenthof a university year;

 

                (d)    has not less than three years of successful experience in a vocational school inNova Scotia or its recognized equivalent.

 

       (5)    The Minister may issue a Vocational Teacher’s Certificate Class III to a person if theMinister is satisfied that the person

 

                (a)    has the academic qualifications required for a Vocational Teacher’s CertificateClass II and has completed successfully either

 

                         (i)     an additional year of university work consisting of not less than fiveapproved academic courses, or

 

                         (ii)    the courses required for a Diploma of Technology or of Applied Arts, or

 

                         (iii)   the Nova Scotia Summer School Block Program in educationalleadership, or

 

                         (iv)   an additional year of approved courses consisting of not more than threeacademic university courses and not less than two courses in the field ofpedagogy or technical vocational training;

 

                (b)    has, in one occupation, a total of at least eight years of recognized worktraining and recognized work experience, in which total there are at least oneyear of recognized work training and at least four years of recognized workexperience;

 

                (c)    has completed successfully teacher training courses requiring the equivalent ofthe study of one university year, including

 

                         (i)     a course in principles and practices of vocational education, requiringstudy equivalent to at least one-fifteenth of a university year,

 

                         (ii)    a course in teaching methods in vocational education, requiring studyequivalent to at least three-fifteenths of a university year,

 

                         (iii)   a course in job analysis and vocational course construction including thesuccessful construction of a vocational course specific to the occupationin which the person has established work training and work experience,as required in clause (b), requiring study equivalent to at leastone-fifteenth of a university year,

 

                         (iv)   a course in setting and evaluating examinations for the purpose ofdetermining achievement of occupational skills and knowledge, requiringstudy equivalent to at least one-fifteenth of a university year,

 

                         (v)    a course in guidance requiring study equivalent to at least one-fifteenth ofa university year,

 

                         (vi)   a course in educational psychology requiring study equivalent to at leasttwo-fifteenths of a university year or courses in both educational andgeneral psychology, each of which requires study of at least one-fifteenthof a university year;

 

                (d)    has not less than three years of successful teaching experience in a vocationalschool in Nova Scotia or its recognized equivalent.

 

       (6)    The Minister may issue a Vocational Teacher’s Certificate Class IV to a person if theMinister is satisfied that the person

 

                (a)    has the academic qualifications required for a Vocational Teacher’s CertificateClass III and has completed successfully either

 

                         (i)     an additional year of university work consisting of not less than fiveapproved academic courses, or

 

                         (ii)    the Nova Scotia Summer School Block Program in educationalleadership, or

 

                         (iii)   an additional year of approved courses consisting of not more than twoacademic university courses and not less than three courses in the field ofpedagogy or technical vocational training;

 

                (b)    has, in one occupation, a total of at least eight years of recognized worktraining and recognized work experience, in which total there are at least oneyear of recognized work training and at least four years of recognized workexperience;

 

                (c)    has completed successfully teacher training courses requiring the equivalent ofthe study of one university year, including

 

                         (i)     a course in principles and practices of vocational education, requiringstudy equivalent to at least one-fifteenth of a university year,

 

                         (ii)    a course in teaching methods in vocational education, requiring studyequivalent to at least three-fifteenths of a university year,

 

                         (iii)   a course in job analysis and vocational course construction including thesuccessful construction of a vocational course specific to the occupationin which the person has established work training and work experience,as required in clause (b), requiring study equivalent to at leastone-fifteenth of a university year,

 

                         (iv)   a course in setting and evaluating examinations for the purpose ofdetermining achievement of occupational skills and knowledge, requiringstudy equivalent to at least one-fifteenth of a university year,

 

                         (v)    a course in guidance requiring study equivalent to at least one-fifteenth ofa university year,

 

                         (vi)   a course in educational psychology requiring study equivalent to at leasttwo-fifteenths of a university year or courses in both educational andgeneral psychology, each of which requires study of at least one-fifteenthof a university year;

 

                (d)    has not less than three years of successful teaching experience in a vocationalschool in Nova Scotia or its recognized equivalent.

 

       (7)    Despite the requirement of clause (b) of subsections (3), (4), (5) and (6) respectively,in special and exceptional cases the Minister in the Minister’s discretion may accept,on a year for year basis, not more than three years of successful teaching experiencein addition to the three years required in clause (d) of subsections (3), (4), (5) and (6),respectively, in lieu of work experience.

 

       (8)    The Minister may issue a Vocational Teacher’s Certificate Class I Interim, aVocational Teacher’s Certificate Class II Interim, a Vocational Teacher’s CertificateClass III Interim, or a Vocational Teacher’s Certificate Class IV Interim, to a personwho satisfies the Minister with respect to clauses (a), (b) and (c) of subsections (3),(4), (5) and (6), respectively.

 

       (9)    Despite the provisions of this Section,

 

                (a)    where the Minister is satisfied that a person who began courses in vocationalteacher training before June 30, 1966 would qualify for a Vocational Teacher’sCertificate under the regulations in effect on July 30, 1966, the Minister mayissue the Vocational Teacher’s Certificate to the person;

 

                (b)    where the Minister is satisfied that a person who began courses in vocationalteacher training between June 30, 1966, and June 30, 1969 would qualify for aVocational Teacher’s Certificate under the regulations in effect as of July 30,1969, the Minister may issue the Vocational Teacher’s Certificate to theperson; and

 

                (c)    where the Minister is satisfied that a person who began courses in vocationalteacher training between June 30, 1969, and June 30, 1971 would qualify for aVocational Teacher’s Certificate under the regulations in effect as of April 16,1972, the Minister may issue the Vocational Teacher’s Certificate to theperson.

[Special certificate]

32   (1)    The Minister may grant a special certificate of the appropriate class in the fields ofsocial service related to education, testing services, school library services, orteaching the visually or hearing impaired, to a person who does not otherwise qualifyfor a teacher’s certificate who has completed the minimum qualifications asdetermined by the Minister in the field for which the application is made.

 

       (2)    A certificate granted pursuant to subsection (1) shall be a permanent certificate.

 

       (3)    In addition to the provisions contained in Section 11, for the purpose of determiningthe salary of a person to whom a certificate is issued under this Section, the Ministermay recognize the employment of the person in the particular field of employmentfor which the certificate is issued, and that employment shall be recognized for salarypurposes provided that the person continues to be employed in the field for which thecertificate is issued and the person held, or was eligible to hold, teacher certificationin Nova Scotia at the time that the previous employment was completed.

[Specialist Certificate]

33   (1)    A person who, upon the coming into force of this Section,

 

                (a)    holds a permanent Specialist Certificate for the teaching of students withphysical or mental disabilities, granted by the Minister pursuant to Section 49of the regulations made by the Governor in Council pursuant to the EducationAct and which were in force immediately before the coming into force of thisSection; and

 

                (b)    is employed as a teacher,

 

shall continue to hold a permanent Specialist Certificate of the class issued.

 

       (2)    In addition to the provisions of Section 11, for the purpose of determining the salaryof a person whose certificate is continued pursuant to subsection (1), the Ministermay recognize the employment of the person, properly certified in a particular fieldof employment relating to students with physical or mental disabilities, and suchemployment shall not be recognized for salary purposes unless the person continuesto be employed as a teacher of students with physical or mental disabilities.

School attendance

34   Every child in the Province of Nova Scotia who has attained the age of six years and hasnot attained the age of sixteen years shall on every day in which school is in session attendthe school in which the child is enrolled.

 

35   A child shall not be required to attend school and the parent of the child is not required tocause the child to attend school, if

 

                (a)    the child is temporarily unable to attend school by reason of physical or mentalhealth or for other unavoidable causes and evidence is provided by the parentor a doctor, to the satisfaction of the school board, when requested by theteacher or school principal; or

 

                (b)    the child is not required to attend school pursuant to the Act or is excused orprohibited from attending pursuant to the Health [Protection] Act.

 

36   A school board that receives a request from the parent of a student who has not attainedsixteen years of age for a certificate issued pursuant to Section 114 of the Act exemptingthe student from attendance at school may issue such a certificate if

 

                (a)    the student has attained the age of fifteen years;

 

                (b)    the staff of the school board have

 

                         (i)     conducted an evaluation of the circumstances related to the request,

 

                         (ii)    examined alternatives to exemption from attendance, and

 

                         (iii)   discussed such alternatives in detail with the student and his or herparent; and

 

                (c)    the school board is satisfied, after considering the results of the actionsdescribed in clause (b), that requiring the student to continue school attendancewould not be beneficial to the student.

 

37   (1)    The certificate of exemption issued pursuant to Section 114 of the Act shall include

 

                (a)    the full names and addresses of the student and his or her parents;

 

                (b)    the date of the student’s birth;

 

                (c)    the name of the school which the student has been attending; and

 

                (d)    the period for which the exemption is valid.

 

       (2)    The certificate of exemption shall be signed by the superintendent of the schoolboard.

 

       (3)    Separate copies of the certificate of exemption shall be

 

                (a)    held by the principal of the school that the student was attending at the time thecertificate was issued;

 

                (b)    given to the student named in the certificate;

 

                (c)    given to the student’s parent; and

 

                (d)    given to the student’s employer, if the certificate is intended to authorize thestudent to accept employment during school hours.

 

38   (1)    If a certificate of exemption issued pursuant to Section 114 of the Act is intended toauthorize the student to accept employment during school hours, the employer shallbe named in the certificate.

 

       (2)    If the person for whom the certificate was issued ceases to work for the employernamed in the certificate before having attained the age of sixteen, the employer shallnotify the superintendent of the school board within five days.

 

       (3)    A person who is under sixteen years of age, who has received a certificate ofexemption from school attendance for the purposes of employment and who ceasesto work for the employer named in the certificate, shall return to school and attendschool as required by the Act and the regulations.

Home education

39   (1)    A parent providing a home education program who registers a child for each schoolacademic year with the Minister pursuant to clause 128(2)(a) of the Act, shall,

 

                (a)    where the parent registers the child for a full school academic year, submit theregistration to the Minister on or before September 20 of the school academicyear in which the parent wishes to provide the program; or

 

                (b)    where the parent registers the child for less than the full school academic year,submit the registration to the Minister before commencing the provision of thehome education program.

 

       (2)    A registration form required by subsection (1) shall include,

 

                (a)    in the case of previous public school experience, the last grade level attained;

 

                (b)    in the case of previous home education experience, the program level ofachievement and estimated equivalent public school grade level; and

 

                (c)    identification of the proposed home education program.

 

40   A parent providing a home education program who reports the child’s progress to theMinister pursuant to clause 128(2)(b) of the Act, shall provide the report

 

                (a)    at least once a year in June of the school academic year in which the childtakes the home education program; and

 

                (b)    in a manner consistent with the type of program provided and whichaccurately reflects the child’s progress.

 

41   (1)    For the purpose of clause 128(4)(a) of the Act, a “standardized test” means anationally or internationally recognized achievement test given under standardconditions to measure the level of academic achievement of individual students.

 

       (2)    For the purpose of clause 128(4)(b) of the Act, a “qualified assessor” means aperson, other than a parent of the child whose educational progress is being assessed,who is

 

                (a)    a teacher;

 

                (b)    a person holding a teacher’s certificate issued by the Minister; or

                (c)    a faculty member of an education faculty of a Nova Scotia university that trainsteachers,

 

whose area of expertise relating to assessing educational progress includes studentswithin the age range of the child.

 

       (3)    For the purpose of clause 128(4)(c) of the Act, a “portfolio of the child’s work”means a representative, multi-curricula selection of the child’s work performed overa period of time, for the purpose of assisting the Minister in assessing the child’sprogress and achievement.

 

42   For the purpose of subsection 128(5) of the Act, an “independent assessor” means a personwho has at least the qualifications of a “qualified assessor” prescribed in subsection 41(2).

 

43   An assessment instrument authorized by the Minister through which a child in a homeeducation program is assessed under subsection 128(6) of the Act shall be

 

                (a)    administered to the child by a school board at the same time and under thesame conditions as it is administered to public school students; and

 

                (b)    taken by the child with age-alike or grade-alike public school students.

Paying for the boarding of students

44   For the purpose of clause 64(2)(h) of the Act, a school board shall pay for the boarding ofa student attending a school if

 

                (a)    the school is a public school;

 

                (b)    the board has approved attendance at the school;

 

                (c)    the board considers it impracticable to convey the student to the school whichthe student would normally attend or in which the student is enrolled; and

 

                (d)    the board considers the boarding costs to be reasonable.

Private schools

45   (1)    Where a private school applies, pursuant to Section 132 of the Act, to have theschool’s program of studies recognized by the Minister as meeting the requirementsfor a high school leaving certificate, the school shall submit the following to theMinister:

 

                (a)    the name of the persons or body owning the school;

 

                (b)    the name of the school;

 

                (c)    the location of the school;

 

                (d)    the names of the operators of the school; and

 

                (e)    the number of students enrolled in the school on September 30 of the year theapplication is made.

 

       (2)    An application by a school pursuant to subsection (1) shall be made on or beforeOctober 31 of the school year preceding the school year for which the application ismade.

 

46   (1)    A private school that makes an application pursuant to Section 132 of the Act shallappend to the application a detailed description of the program including

 

                (a)    a description of the compulsory and elective courses offered from the PublicSchool Program; and

 

                (b)    a description of courses offered that are different from the courses offered inthe Public School Program.

 

       (2)    The description of the program of studies referred to in subsection (1) shall describehow the compulsory and elective credit requirements, as specified in the PublicSchool Program, are met.

 

47   The Minister may, at the request of a private school, recognize courses offered by a privateschool that are different from the courses offered in the Public School Program.

 

48   A private school which requests, pursuant to Section 47, recognition by the Minister of thecourses offered by the private school, shall provide the following information:

 

                (a)    a statement of the philosophy, outcomes, content, scope and sequence of eachcourse;

 

                (b)    the list of major learning resources for each course approved by the governingbody of the school;

 

                (c)    a description of how the program contributes to the Essential GraduationLearnings recognized by the Department;

 

                (d)    the number of hours of instruction for each course;

 

                (e)    Provincial course coding equivalency for all courses and programs;

 

                (f)     an outline of instructional strategies to be used; and

 

                (g)    an outline of evaluation strategies and procedures.

 

49   In determining recognition of a program of studies of a private school, the Minister mayconsider whether

 

                (a)    the compulsory and elective courses offered from the Public School Programmeet the requirements for a high school leaving certificate;

 

                (b)    the courses referred to in Section 49 [47] are reasonably equivalent to thecompulsory and elective courses offered from the Public School Program thatmeet the requirements for a high school leaving certificate;

 

                (c)    the teacher qualifications are to the satisfaction of the Minister in accordancewith Section 54 [52].

 

50   (1)    Recognition of a private school’s program of studies given by the Minister pursuantto Section 47 may be for a term not exceeding three years.

 

       (2)    A private school may reapply for recognition.

 

       (3)    A reapplication pursuant to subsection (2) shall be made not sooner than six monthsand not later than five months before the end of the term of the recognition.

 

51   (1)    A private school which receives recognition pursuant to Section 132 of the Act shallkeep records of student enrolment and student progress and such other statisticalinformation required by the Minister and in a form acceptable to the Minister.

 

       (2)    A student record in a private school means the Student Cumulative Record Card orthe equivalent approved by the Minister.

 

       (3)    The student records shall be maintained and not destroyed.

 

52   A private school making an application for recognition pursuant to Section 132 of the Actmust demonstrate, to the satisfaction of the Minister, that each teacher assigned to teachthe high school program of studies at the school

 

                (a)    is eligible for teacher certification in Nova Scotia;

 

                (b)    holds a teacher’s certificate from another Canadian jurisdiction; or

 

                (c)    has subject matter and pedagogical expertise satisfactory to the Minister.

 

53   A child enrolled in a private school shall attend the school during the time required by therules and regulations of the school.

Foreign student fees

54   (1)    For the purpose of this Section,

 

                (a)    “foreign student” means a foreign student defined in clause 51(1)(b) of theMinisterial Education Act Regulations;

 

                (b)    “international student program” means an international student programdefined in clause 51(1)(c) of the Ministerial Education Act Regulations.

 

       (2)    A school board may admit a foreign student to a school serving the school district orschool region of the school board, for the purpose of enrolling the foreign student in

 

                (a)    the Public School Program; or

 

                (b)    an international student program.

 

       (3)    A school board that admits a foreign student pursuant to clause (2)(a) shall chargethe foreign student an annual fee equal to two times the Provincial general formularate as determined for funding purposes pursuant to Schedule “A”.

 

       (4)    A school board that admits a foreign student pursuant to clause (2)(b) shall chargethe foreign student an annual fee equal to three times the Provincial general formularate as determined for funding purposes pursuant to Schedule “A”.

 

       (5)    All the fees remitted by foreign students pursuant to this Section shall be allocated bythe school board as between the school board and the Minister, with the school boardbeing paid 80 percent of the fees and the Minister being paid 20 percent of the fees.

Conseil scolaire acadien provincial

55   (1)    An entitled parent wishing to register a child in a French-first-language program shallfile with the Conseil acadien a declaration in the form set out in Schedule “B”.

 

       (2)    The Conseil acadien may require an entitled parent to provide further informationrespecting eligibility and the Conseil acadien shall, subject to subsection (3),determine eligibility.

 

       (3)    Upon application for registration, the Minister may review the declarations filed withthe Conseil acadien and the Minister may make a final determination of theeligibility of a parent.

 

       (4)    Subject to subsection (5), no child shall be registered with the Conseil acadien as achild of an entitled parent unless the declaration required in this Section has beenfiled with the Conseil acadien and the parent has been found to be an entitled parent.

 

       (5)    Despite subsection (1), parents who had a child attending a French-first-languageprogram in the Province in the 1995-96 school year are not required to file adeclaration in accordance with subsection (1).

 

56   (1)    Where the Conseil acadien is making preliminary plans to start a new class, ofchildren who are not already enrolled in a French-first-language program, to providea French-first-language program, it shall consider the proximity of its existing classesor facilities, expected numbers of children of entitled parents, and other pertinentfactors, and the Conseil acadien may conduct a pre-registration of children of entitledparents in order to determine the demand for French-first-language programinstruction.

 

       (2)    Before establishing new French-first-language classes of children, who are notalready enrolled in a French-first-language program, the Conseil acadien shall have adiscussion with the regional school board in the area where the class is proposed tobe established and shall obtain the Minister’s

 

                (a)    agreement with the projected number of children of entitled parents to beserved by the class; and

                (b)    approval of their reasonable assembly for a class.

 

       (3)    For the purpose of determining whether a sufficient number of children canreasonably be assembled, the Minister may examine whether the children of entitledparents are sufficiently concentrated both geographically and by grade level, takinginto account the following factors:

 

                (a)    the proximity of existing classes and facilities to the area;

 

                (b)    the number of children of entitled parents in the area;

 

                (c)    the potential for future admissions;

 

                (d)    the distances over which the children must be transported; and

 

                (e)    the ages of the children.

 

57   The Conseil acadien shall, on or before April 15 of the year it first provides aFrench-first-language program, prepare a written plan for approval of the Ministerdescribing the means by which it proposes to meet its obligations under the Act for thetransportation of students.

 

58   Course and program implementation plans adopted by the Conseil acadien must first beapproved by the Minister.

Conseil acadien regional student-discipline policy

59   For the purpose of clause 64(2)(r) of the Act, in the case of the Conseil acadien, a“regional student-discipline policy” shall mean a discipline policy applicable within thejurisdiction of the Conseil acadien.

Public/private sector development and service agreements

60   (1)    For the purposes of this Section and the Act,

 

                (a)    “acquire” or “acquired” includes the acquisition by lease, sublease, licence,permit or agreement or in any other manner either with or without payment orother consideration;

 

                (b)    “convey title” includes conveyance by lease, sublease, licence, permit oragreement either with or without payment or other consideration;

 

                (c)    “development agreement” means an agreement with a private sector developerpursuant to which the private sector developer, its successors or assigns, agreesto design, finance, plan, engineer, procure, construct, furnish, equip,commission, own or lease any real or personal property for the purposes of alearning centre;

 

                (d)    “learning centre” means a learning centre

 

                         (i)     constructed, commissioned or equipped or to be constructed,commissioned or equipped pursuant to a development agreement, or

 

                         (ii)    managed, operated or maintained pursuant to a service agreement,

 

and includes the land on which the learning centre is situate;

 

                (e)    “private sector developer” means a person or association of persons, includingbut not limited to a joint venture or limited partnership, other than the Provinceor a school board;

 

                (f)     “school property” includes a learning centre;

 

                (g)    “service agreement” means an agreement with a private sector developerpursuant to which the private sector developer, its successors or assigns, agreesto manage, operate, maintain, repair or keep safe any real or personal propertyfor the purposes of a learning centre.

 

       (2)    The Minister may, with the approval of the Governor in Council, enter into and carryout a development agreement or a service agreement.

 

       (3)    Where the Minister enters into a development agreement or a service agreement, aschool board may, upon terms and conditions consistent with the terms andconditions of the development agreement or the service agreement,

 

                (a)    acquire all or part of any real or personal property of the learning centre for thepurposes of a public school or community facility;

 

                (b)    enter into and carry out an agreement with the Minister, a private sectordeveloper or a municipality respecting the use, control, management, operation,maintenance, repair or keeping safe of all or any part of any real or personalproperty of the learning centre acquired for the purposes of a public school orcommunity facility.

 

       (4)    Where a school board acquires property or enters into an agreement pursuant toclauses (3)(a) or (b),

 

                (a)    the school board shall control the property in accordance with the terms of theacquisition and the agreement with the Minister; and

 

                (b)    a superintendent of the school board shall operate and maintain the buildings,equipment and supplies forming part of the property in accordance with theterms of the acquisition and the agreement with the Minister.

 

       (5)    Where a school board acquires property by licence from the Minister pursuant toclause (3)(a) or enters into an agreement with the Minister pursuant to clause (3)(b),the licence or agreement shall be in the form set out in Schedule “C” or to like effectand may contain such other terms and conditions as the Minister considers proper.

Section 60 added: O.I.C. 1999-483, N.S. Reg. 98/99.

Sections 61 and 62 repealed: O.I.C. 2004-283, N.S. Reg. 179/2004.

 

Composition and meetings of audit committees of certain regional school boards and theConseil acadien

63   (1)    In this Section and Sections 64 and 65,

 

                (a)    “audit committee” means an audit committee established pursuant to Section85A of the Act by a regional school board or by the Conseil acadien; and

Clause 63(1)(a) amended: O.I.C. 2004-283, N.S. Reg. 179/2004.

 

                (b)    “regional school board or Conseil acadien”, in relation to an audit committee,means the regional school board that established the audit committee, or theConseil acadien, as the case may be.

 

       (2)    An audit committee must be composed of at least 3 members,

 

                (a)    none of whom are employed, or have been employed within 1 year before theirappointment to the audit committee, by the regional school board or Conseilacadien; and

 

                (b)    all of whom are members of the regional school board or the Conseil acadien.

 

       (3)    Despite subsection (2), an audit committee may include 1 member who is not amember of the regional school board or Conseil acadien, if the regional school boardor Conseil acadien determines that it is desirable to supplement the financialexpertise of the other audit committee members.

 

       (4)    An audit committee must meet as often as required to carry out its duties, and at least2 times in each fiscal year of the regional school board or Conseil acadien.

Section 63 added: O.I.C. 2003-482, N.S. Reg. 198/2003.

Terms of reference of an audit committee

64   (1)    The purpose of an audit committee is to assist the regional school board or Conseilacadien to appropriately monitor and maintain internal controls over its operations.

 

       (2)    In fulfilling its purpose as set out in subsection (1), an audit committee must

 

                (a)    review the annual report and any other report, findings or recommendations ofthe auditor, or any other person conducting a review of the financialmanagement and internal controls, of the regional school board or Conseilacadien;

 

                (b)    review the management response to the annual report and any other report,findings or recommendations referred to in clause (a);

 

                (c)    monitor corrective and other actions taken by the regional school board orConseil acadien in response to the annual report and any other report, findingsor recommendations referred to in clause (a);

 

                (d)    review such other matters as directed by the regional school board or Conseilacadien or as the committee considers desirable; and

 

                (e)    report to the regional school board or Conseil acadien, at such times as theaudit committee considers appropriate and at least once each fiscal year,including the findings and recommendations of the audit committee.

Section 64 added: O.I.C. 2003-482, N.S. Reg. 198/2003.

Information gathering and procedures of an audit committee

65   (1)    An audit committee must have free access at all times to the reports, records,documents, books, accounts and vouchers of the regional school board or Conseilacadien and is entitled to receive from officers and employees of the regional schoolboard or Conseil acadien such information and explanations that in the opinion of theaudit committee are necessary for the performance of the audit committee’s duties,and the officials and employees of the regional school board or Conseil acadien mustpromptly provide the required access, information or explanations.

 

       (2)    For the purpose of subsection (1), the Chief Financial Officer of a regional schoolboard or the Conseil acadien must coordinate the provision of reports, records,documents, books, accounts and vouchers to an audit committee.

 

       (3)    An audit committee

 

                (a)    may, if the audit committee considers it appropriate; and

 

                (b)    must, if the auditors conducting the annual audit, or any other personconducting a review of the financial management and internal controls of theregional school board or Conseil acadien, request,

 

meet with the auditors or other person referred to in clause (b), without staff of theregional school board or Conseil acadien being present.

Section 65 added: O.I.C. 2003-482, N.S. Reg. 198/2003.

Section 66 added: O.I.C. 2003-482, N.S. Reg. 198/2003; repealed: O.I.C. 2004-283, N.S. Reg. 179/2004.

Definitions

67   In this Section and Sections 68 to 78C,

 

                (a)    “adaptations plan”, in respect of a student, means a documented plan forachieving the curriculum outcomes of the NS public-school program thataccommodates the specific learning needs of the student;

 

                (b)    “designated special education private school” means a special educationprivate school designated under Section 68 or continued under Section 69;

 

                (c)    “funded student” means a student for whom a funding unit has been grantedunder subsection 77C(1);

 

                (d)    “funded student’s school board” means the school board for the school regionin which a parent of a funded student resides on September 30 in a school year

 

                (e)    “funding unit” means an amount of money;

 

                         (i)     calculated in accordance with Section 77D, and,

                         (ii)    payable for tuition fees for a school year at a designated special educationprivate school or a registered special education private school;

 

                (f)     “individualized program plan”, in respect of a student for whom the curriculumoutcomes of the NS public-school program are not applicable or attainable,means a documented plan for achieving annual and specific individualizedoutcomes instead of the curriculum outcomes of the NS public-school programthat accommodates the learning strengths and challenges of the student;

 

                (g)    “NS public-school program” means the public-school program of education forthe Province prescribed by the Ministerial Education Act Regulations madeunder the Act and defined as “school program” in the Act;

 

                (h)    “extra-Provincial private educational institution” means an educationalinstitution that is located outside of the Province and is not publicly funded;

 

                (i)     “registered special education private school” means a special education privateschool registered under Section 73;

 

                (j)     “resident” means a person who resides in the Province as a Canadian citizen orpermanent resident as defined by the Immigration and Refugee Protection Act(Canada);

 

                (k)    “Reviewer” means the Reviewer appointed under Section 77 for the purpose ofreviewing applications for funding units or supplements under theseregulations;

 

                (l)     “student with special needs” means a student with attention deficithyperactivity disorder (ADHD), autism spectrum disorder (ASD) or a learningdisability (LD), as diagnosed by 1 of the following:

 

                         (i)     a licensed physician, or

 

                         (ii)    a registered psychologist or candidate registered psychologist, withexpertise and training in making the diagnosis;

 

                (m)   “special education private school” means a private school or extra-Provincialprivate educational institution that offers and delivers educational programsand services to meet the needs of students with special needs only, andincludes a natural person, an association of natural persons, a partnership or acorporation;

 

                (n)    “supplement” means an amount of money, calculated in accordance withSection 77G, that is payable in addition to a funding unit for tuition fees for aschool year at a designated special education private school or a registeredspecial education private school;

 

                (o)    “transition plan”, in respect of a student, means a documented plan forachieving annual and specific individualized outcomes to enable the student totransition from a designated special education private school or a registeredspecial education private school to a public school or post-secondaryeducational institution, that accommodates the learning needs of the student;

 

                (p)    “Tuition Appeal Board” means the Tuition Appeal Board appointed undersubsection 78(1) to hear appeals of decisions in accordance with Section 78A;

 

                (q)    “tuition support funding” means either

 

                         (i)     a funding unit, or

 

                         (ii)    a funding unit and a supplement.

Section 67 added: O.I.C. 2004-295, N.S. Reg. 186/2004; replaced: O.I.C. 2011-342, N.S. Reg. 272/2011.

Application for designation as designated special education private school

68   (1)    A private school that is a special education private school that has been in operationfor at least 1 year may apply to the Minister, in the manner and form required by theMinister, for designation or renewal of its designation as a designated specialeducation private school.

 

       (2)    The Minister may designate a private school that applies under subsection (1) as adesignated special education private school if the Minister is satisfied that the schoolmeets all of the following requirements:

 

                (a)    each individual employed on the school’s teaching staff

 

                         (i)     holds a teacher’s certificate issued by the Minister, and

 

                         (ii)    has demonstrated qualifications or competencies to teach students withspecial needs;

 

                (b)    the school follows the NS public-school program;

 

                (c)    the school has rules and procedures in place for disciplining, suspending andexpelling students that incorporate the principles of natural justice andprocedural fairness and accord with the policies and procedures made by theMinister;

 

                (d)    the school is not insolvent, as defined in subsection (3);

 

                (e)    the school maintains the financial security required by the Minister, including afidelity bond;

 

                (f)     the school maintains a general liability insurance policy or other form ofindemnification in an amount determined by the Minister and on the terms andconditions determined by the Minister;

 

                (g)    the school has measures in place, similar to those followed by school boards, toensure the safety of students and protect the students from harm from itsemployees or other students;

 

                (h)    the school is not affiliated with a religious faith or denomination, and is either

                         (i)     recognized as a non-profit organization under the Income Tax Act(Canada), or

 

                         (ii)    registered as a charitable organization under the Income Tax Act(Canada).

 

       (3)    In clause (2)(d), “insolvent” means any of the following:

 

                (a)    unable, for any reason, to meet financial obligations as they become due;

 

                (b)    unable to pay financial liabilities in the course of business as those liabilitiesbecome due;

 

                (c)    unable to meet financial obligations due and accruing because the aggregate ofits property

 

                         (i)     is not, at a fair value, sufficient to pay all the financial obligations that aredue or accruing, or

 

                         (ii)    if disposed of at a fairly conducted sale, would not be sufficient to pay allthe financial obligations that are due and accruing.

 

        (4)     A designation made under this Section is valid for 2 years unless suspended or revokedunder Section 71.

Section 68 added: O.I.C. 2004-295, N.S. Reg. 186/2004; replaced: O.I.C. 2011-342, N.S. Reg. 272/2011.

Continuation of designations made before August 15, 2011

69   A private school designated as a designated special education private school under theseregulations on or before August 15, 2011, is deemed to be designated in accordance withSection 68 and the designation remains valid until the expiry date of the designation unlesssuspended or revoked under Section 71.

Section 69 added: O.I.C. 2004-295, N.S. Reg. 186/2004; replaced: O.I.C. 2011-342, N.S. Reg. 272/2011.

Refusal of designation

70   The Minister may refuse to designate or renew the designation of a private school thatapplies under clause 68(1) for any of the following reasons:

 

                (a)    the information supplied in the application is incomplete;;

 

                (b)    in the Minister’s opinion, the school does not meet the requirements ofsubsection 68(2).

Section 70 added: O.I.C. 2004-295, N.S. Reg. 186/2004; replaced: O.I.C. 2011-342, N.S. Reg. 272/2011.

Suspension or revocation of designation

71   The Minister may suspend or revoke a designation of a designated special educationprivate school if, in the Minister’s opinion, the school fails to meet the requirements ofSection 72.

Section 71 added: O.I.C. 2004-295, N.S. Reg. 186/2004; replaced: O.I.C. 2011-342, N.S. Reg. 272/2011.

Ongoing obligations and monitoring of designated school

72   (1)    A private school designated as a designated special education private school mustcontinue to meet the requirements in subsection 68(2) and do all of the following:

 

                (a)    at the request of the Minister, provide proof of the school’s compliance withsubsection 68(2);

 

                (b)    report annually to the Minister on the types of interventions and instructionalstrategies that the school uses to meet the needs of funded students enrolled atthe school;

 

                (c)    for each funded student enrolled at the school during a school year,

 

                         (i)     develop and implement an individualized program plan or an adaptationsplan for the school year,

 

                         (ii)    at the end of the school year, provide the Minister with a copy of anannual report for the school year, as set out in subsection (2),

 

                         (iii)   meet with the funded student’s school board at least 2 times during theschool year to explain and share documented evidence of the fundedstudent’s progress and achievements,

 

                         (iv)   conduct provincial assessments and examinations at the request of theMinister;

 

                (d)    develop a transition plan with the funded student’s school board for eachfunded student who intends to

 

                         (i)     return to a public school or a publicly funded school the following schoolyear, or

                         (ii)    pursue post-secondary studies the following school year.

 

       (2)    The annual report required by clause (1)(c)(ii) must include all of the following forthe funded student:

 

                (a)    a record of academic progress for the school year;

 

                (b)    an attendance record for the school year;

 

                (c)    an individualized program plan or an adaptations plan for the school year.

Section 72 added: O.I.C. 2004-295, N.S. Reg. 186/2004; replaced: O.I.C. 2011-342, N.S. Reg. 272/2011.

Application for registration as registered special education private school

73   (1)    An extra-Provincial private educational institution that is a special education privateschool that has been in operation for at least 1 year may apply to the Minister, in themanner and form determined by the Minister, for registration or renewal of itsregistration as a registered special education private school.

 

       (2)    The Minister may register an extra-Provincial private educational institution thatapplies under subsection (1) if the Minister is satisfied that the school meets therequirements of clauses 68(2)(a) to (h) and all of the following requirements:

 

                (a)    each individual employed on the school’s teaching staff

 

                         (i)     holds a teacher’s certificate from the teacher certification authority of thejurisdiction where the extra-Provincial private educational institution islocated, and

 

                         (ii)    has demonstrated qualifications or competencies to teach students withspecial needs.

 

                (b)    the school follows the equivalent of the NS public-school program;

 

                (c)    the school offers French-first-language programs and services for students withspecial needs.

 

       (3)    A registration made under this Section is valid for 2 years unless suspended orrevoked under Section 75.

 

       (4)    For an application made under subsection (1) before September 1, 2011, the Ministermay waive any of the requirements in subsection (2) if the Minister considers itappropriate in the circumstances.

Section 73 added: O.I.C. 2004-295, N.S. Reg. 186/2004; replaced: O.I.C. 2011-342, N.S. Reg. 272/2011.

Refusal of registration

74   The Minister may refuse to register or renew the registration of an extra-Provincial privateeducational institution that applies under Section 73 for any of the following reasons:

 

                (a)    the information supplied in the application is incomplete;

 

                (b)    in the Minister’s opinion, the applicant does not meet the requirements ofsubsection 73(2).

Section 74 added: O.I.C. 2004-295, N.S. Reg. 186/2004; replaced: O.I.C. 2011-342, N.S. Reg. 272/2011.

Suspension or revocation of registration

75   The Minister may suspend or revoke a registration made under Section 73 if, in theopinion of the Minister, the registered school fails to meet the requirements of Section 76.

Section 75 added: O.I.C. 2004-295, N.S. Reg. 186/2004; replaced: O.I.C. 2011-342, N.S. Reg. 272/2011.

Ongoing obligations and monitoring of registered school

76   A registered special education private school must continue to meet the requirements insubsection 73(2) and do all of the following:

 

                (a)    at the request of the Minister, provide proof of the school’s compliance withsubsection 73(2);

 

                (b)    comply with the ongoing requirements for a designated school in subsection72(1).

Section 76 added: O.I.C. 2004-295, N.S. Reg. 186/2004; replaced: O.I.C. 2011-342, N.S. Reg. 272/2011.

Reviewer

77   (1)    The Minister must appoint a person who has recognized professional qualificationsand experience in working with students with special needs to serve as the Reviewer.

 

       (2)    The Reviewer holds office for 2 years and may not be reappointed.

 

       (3)    The Reviewer may be paid any remuneration and reimbursement of expenses thatthe Governor in Council determines.

 

       (4)    The Reviewer must issue an annual report and provide a copy of the report to theMinister.

 

       (5)    If the person appointed as Reviewer resigns office or retires, or if their term of officeexpires or is terminated, that person maintains jurisdiction as Reviewer over anyapplication, matter or thing required to be determined by the Reviewer, including thepower to complete any unfinished matter and give a decision in that matter as if theReviewer had not resigned or retired or their term of office had not expired or beenterminated.

Section 77 added: O.I.C. 2004-295, N.S. Reg. 186/2004; replaced: O.I.C. 201-342, N.S. Reg. 272/2011.

Eligibility for applying for funding unit

77A(1)    A student is eligible to apply for a funding unit for a school year at a designatedspecial education private school if all of the following criteria are met:

 

                (a)    the student is a student with special needs and has received or is offered anindividualized program plan for the following school year;

 

                (b)    the student was a student at a publicly funded school during a previous schoolyear;

 

                (c)    the student has secured a placement at the school any time during the schoolyear for which the funding unit is sought;

 

                (d)    on the date of enrolment in the school,

 

                         (i)     the student is or will be a resident of the Province, and

 

                         (ii)    a parent of the student is or will be a resident of the Province.

 

       (2)    A student is eligible to apply for a funding unit for a school year at a registeredspecial education private school if all of the following criteria are met:

 

                (a)    the student is a student with special needs and has received or is offered anindividualized program plan for the following school year;

 

                (b)    the student was a student at a publicly supported school in Canada that offeredFrench-first-language programs and services to the student during a previousschool year;

 

                (c)    the student has secured a placement at the school any time during the schoolyear for which the funding unit is sought;

 

                (d)    on the date the application is made, the student is a resident of the Province;

 

                (e)    the student is entitled to be provided a French-first-language program of theConseil acadian under Section 12 of the Act.

Section 77A added: O.I.C. 2011-342, N.S. Reg. 272/2011.

Application for funding unit

77B (1)    A student who meets the eligibility criteria for a funding unit set out in Section 77Amay apply to the Reviewer for a funding unit on a form prescribed by the Minister.

 

       (2)    A completed application for a funding unit must be submitted no later than July 31of the school year during which the student is enrolled at the designated specialeducation private school or the registered special education private school and forwhich the funding unit is being sought and must include all of the following:

 

                (a)    documented evidence, in a form satisfactory to the Reviewer, that all theeligibility criteria for a funding unit set out in subsection 77A(1) or (2) are met;

 

                (b)    an outline of the programs and services being offered to the student by thedesignated special education private school or registered special educationprivate school;

 

                (c)    a written rationale prepared by the student explaining how the programs andservices referred to in clause (b) will benefit the student’s academic andbehavioural well-being;

 

                (d)    for a student who has been diagnosed with a learning disability (LD), apsycho-educational assessment of the student completed by a registeredpsychologist or a candidate registered psychologist.

 

       (3)    A parent may apply under subsection (1) on behalf of a student under the age ofmajority.

Section 77B added: O.I.C. 2011-342, N.S. Reg. 272/2011.

Review and grant of funding unit

77C(1)    On receiving an application for a student under Section 77B, the Reviewer may granta funding unit for the student.

 

       (2)    If the Reviewer grants a funding unit under subsection (1), the Reviewer must notifyall of the following:

 

                (a)    the funded student;

 

                (b)    the designated special education private school or the registered specialeducation private school in which the funded student is enrolled;

 

                (c)    the funded student’s school board;

 

                (d)    the Minister.

 

       (3)    The Reviewer may refuse to grant a funding unit for any of the following reasons:

 

                (a)    in the Reviewer’s opinion, all the applicable eligibility criteria for a fundingunit set out in subsection 77A(1) or (2) are not met;

 

                (b)    the information required by Section 77B is incomplete;

 

                (c)    the Reviewer does not consider the programs and services outlined underclause 77B(2)(b) to be acceptable;

 

                (d)    the Reviewer does not consider the rationale prepared under clause 77B(2)(c)to be acceptable.

 

       (4)    If the Reviewer refuses to grant a funding unit under subsection (3), the Reviewermust notify the applicant in writing and include the reasons for the refusal.

Section 77C added: O.I.C. 2011-342, N.S. Reg. 272/2011.

Calculation of funding unit

77DA funding unit is calculated as the average per student allocation of combined Provincialand municipal funding to school boards for the school year as of March 31 of the previousfiscal year, as determined by the Minister.

Section 77D added: O.I.C. 2011-342, N.S. Reg. 272/2011.

Application for supplement

77E (1)    A funded student may apply to the Reviewer for a supplement for the same schoolyear that their funding unit applies to, on a form prescribed by the Minister.

 

       (2)    A completed application for a supplement must be submitted to the Reviewer by nolater than July 31 of the school year during which the student is enrolled at thedesignated special education private school or the registered special education privateschool and for which the funding unit is being sought and must include sufficientinformation to satisfy the Reviewer that additional financial assistance is required,taking into account all the financial resources available to the funded student.

 

       (3)    A parent may make an application under subsection (1) on behalf of a student underthe age of majority.

Section 77E added: O.I.C. 2011-342, N.S. Reg. 272/2011.

Review and grant of supplement

77F (1)    On receiving an application for a student under Section 77E, the Reviewer may granta supplement for the student.

 

       (2)    If the Reviewer grants a supplement, the Reviewer must notify all of the following:

 

                (a)    the funded student;

 

                (b)    the designated special education private school or the registered specialeducation private school in which the funded student is enrolled;

 

                (c)    the Minister.

 

       (3)    The Reviewer may refuse to grant a supplement for any of the following reasons:

 

                (a)    the information required by subsection 77E(2) is incomplete;

 

                (b)    in accordance with guidelines established by the Minister, the Reviewer doesnot consider that the funded student requires financial assistance in addition toa funding unit.

 

       (4)    If the Reviewer refuse[s] to grant a supplement under subsection (3), the Reviewermust notify the applicant in writing and include the reasons for the refusal.

Section 77F added: O.I.C. 2011-342, N.S. Reg. 272/2011.

Calculation of supplement

77GThe Reviewer must calculate the amount of a supplement in accordance with guidelinesestablished by the Minister, but a supplement must not exceed the lower of the followingamounts:

 

                (a)    the amount of the funding unit granted to the funded student;

 

                (b)    90% of the tuition fees charged by the designated special education privateschool or registered special education private school in which the student isenrolled.

Section 77G added: O.I.C. 2011-342, N.S. Reg. 272/2011.

Re-applying for tuition support funding

77HFor greater certainty, a funded student must re-apply for tuition support funding underthese regulations for each year of funding availability under Section 77I.

Section 77H added: O.I.C. 2011-342, N.S. Reg. 272/2011.

Maximum tuition support funding availability

77I  (1)    Except as provided in subsection (2) and Section 77J, tuition support funding isavailable for a maximum of 3 school years.

 

       (2)    The Reviewer may grant tuition support funding for a student who applies for a 4thyear of tuition support funding if all of the following requirements are met:

 

                (a)    the student has been a funded student and meets the requirements for thetuition funding under these regulations;

 

                (b)    there is a transition plan in place for the student for the following school yeardeveloped by the funded student’s school board and the designated specialeducation private school or the registered special education private school inwhich the student is enrolled.

Section 77I added: O.I.C. 2011-342, N.S. Reg. 272/2011.

Tuition funding for 2010-11 school year

77J The Reviewer may grant tuition support funding to a student who applies for tuitionsupport funding for the 2010-2011 school year if the student was a funded student for the2009-2010 school year and continues to meet the requirements for the tuition supportfunding under these regulations.

Section 77J added: O.I.C. 2011-342, N.S. Reg. 272/2011.

Remittance of tuition support funding

77K(1)    A designated special education private school or a registered special educationprivate school in which a funded student is enrolled must provide confirmation of thefunded student’s enrolment and the tuition support funding invoices to both of thefollowing:

 

                (a)    the funded student’s school board;

 

                (b)    the Minister.

 

       (2)    The confirmation and invoices required by subsection (1) must be provided by thefollowing deadlines:

 

                (a)    for a student who is enrolled on or before September 30 of a school year, bySeptember 30 and March 1 of the school year;

 

                (b)    for a student who is enrolled after September 30 of a school year, no later than30 days after the date of enrolment.

 

       (3)    On receiving the confirmation and invoices required by subsection (1), the fundedstudent’s school board must remit the funding unit for the student to the school asfollows:

 

                (a)    for a student who is enrolled in the school on or before September 30 of aschool year, in the following 2 instalments:

 

                         (i)     60% of the funding unit must be remitted no later than October 30 of theschool year to which it applies, and

 

                         (ii)    the remaining 40% of the funding unit must be remitted no later thanApril 1 of the school year to which it applies;

 

                (b)    for a student who is enrolled in the school after September 30 of a school year,in accordance with the directions of the Minister.

 

       (4)    On receiving the confirmation and invoices required by subsection (1), the Ministermust remit the supplement for the student to the school.

Section 77K added: O.I.C. 2011-342, N.S. Reg. 272/2011.

Appointments to Tuition Appeal Board

78   (1)    The Governor in Council must appoint a person who has recognized professionalqualifications and experience in working with students with special needs to serve asthe single adjudicator of the Tuition Appeal Board to hear appeals under Section78A.

 

       (2)    A person appointed to the Tuition Appeal Board under subsection (1) holds officefor 3 years and may not be reappointed.

 

       (3)    A person appointed to the Tuition Appeal Board may be paid any remuneration andreimbursement of expenses the Governor in Council determines.

 

       (4)    If a person appointed as the single adjudicator of the Tuition Appeal Board resignsoffice or retires, or if their term of office expires or is terminated, that personmaintains jurisdiction as the Tuition Appeal Board over any application, matter orthing required to be determined by the Board, including the power to complete anyunfinished matter and give a decision in that matter as if the person had not resignedor retired or their term of office had not expired or been terminated.

Section 78 added: O.I.C. 2004-295, N.S. Reg. 186/2004; replaced: O.I.C. 2011-342, N.S. Reg. 272/2011.

Decisions that may be appealed to the Tuition Appeal Board

78A(1)    A student may appeal any of the following decisions made by the Reviewer:

 

                (a)    a refusal to grant a funding unit under subsection 77C(3);

 

                (b)    a refusal to grant a supplement under subsection 77F(3);

 

                (c)    the amount of a supplement granted under 77E in accordance with Section77G.

 

       (2)    A special education private school may appeal any of the following decisions madeby the Minister:

 

                (a)    a refusal to designate or renew the designation of the school under Section 70;

 

                (b)    a suspension or revocation of the school’s designation under Section 71;

 

                (c)    a refusal to register or renew the registration of the school under Section 74;

 

                (d)    a suspension or revocation of the school’s registration under Section 75.

Section 78A added: O.I.C. 2011-342, N.S. Reg. 272/2011.

Appealing a decision of the Reviewer

78B (1)    An appellant must deliver a notice of appeal in writing to the Tuition Appeal Boardno later than 30 days after the date of the decision to be appealed.

 

       (2)    The Tuition Appeal Board must hold a hearing that provides the appellant with anopportunity to present evidence, including new information, and makerepresentations.

 

       (3)    A hearing of an appeal under this Section is not open to the public.

 

       (4)    The Tuition Appeal Board must observe the confidentiality of all documents andrecords pertaining to an appeal.

 

       (5)    The Tuition Appeal Board may do any of the following in deciding an appeal:

 

                (a)    confirm the decision appealed from;

 

                (b)    vary the decision appealed from;

 

                (c)    rescind the decision appealed from.

Section 78B added: O.I.C. 2011-342, N.S. Reg. 272/2011.

Decisions of the Tuition Appeal Board

78C(1)    A decision of the Tuition Appeal Board must be in writing and must include reasonsfor the decision.

 

       (2)    A decision of the Tuition Appeal Board is final and binding.

 

       (3)    The Tuition Appeal Board must notify all of the following of any decision:

 

                (a)    the appellant;

 

                (b)    the Reviewer;

 

                (c)    the Minister;

 

                (d)    for a student’s successful appeal of a decision referred to in clause 78A(1)(a),the funded student’s school board.

Section 78C added: O.I.C. 2011-342, N.S. Reg. 272/2011.

Allocation of employees of Southwest Regional School Board

79   (1)    Subject to subsection (2), for the purposes of clause 8(f) of the Act and Section 10Bof the Act, employees of the Southwest Regional School Board who were employedby the Board on July 31, 2004, and whose place of employment was located in theschool district of

 

                (a)    the South Shore District School Board are allocated to the South ShoreRegional School Board; and

 

                (b)    the Tri-County District School Board are allocated to the Tri-County RegionalSchool Board.

 

       (2)    For the purposes of clause 8(f) of the Act and Section 10B of the Act, employees ofthe Southwest Regional School Board who were employed by the Board on July 31,2004,

 

                (a)    in the financial services department of the Board are allocated to the SouthShore Regional School Board; and

 

                (b)    in the human resources services department of the Board, including thetechnology function of the Board, are allocated to the Tri-County RegionalSchool Board.

Section 79 added: O.I.C. 2004-283, N.S. Reg. 179/2004.

Allocation of assets and liabilities of Southwest Regional School Board

80   (1)    Subject to subsections (3) and (4), for the purposes of clause 8(c) of the Act andSection 10B of the Act, assets of the Southwest Regional School Board that, on July31, 2004,

 

                (a)    were physically located in the school district of

                         (i)     the South Shore District School Board are allocated to the South ShoreRegional School Board, and

 

                         (ii)    the Tri-County District School Board are allocated to the Tri-CountyRegional School Board;

 

                (b)    were physically located in a school district of a district school board referred toin clause (a) but, in the opinion of the Minister, were held in part or whole inthe beneficial interest of the other board, are allocated proportionally to thesuccessor regional school boards of the district school boards, based on thebeneficial interest of each district school board; and

 

                (c)    were not physically located in only one of the school districts referred to inclause (a) or, did not have a physical location, such as in the case of trusts, andthat, in the opinion of the Minister, were held wholly in respect of the matterswithin

 

                         (i)     the South Shore District School Board are allocated to the South ShoreRegional School Board, and

 

                         (ii)    the Tri-County District School Board are allocated to the Tri-CountyRegional School Board.

 

       (2)    Subject to subsections (3) and (4), for the purpose of clause 8(c) of the Act andSection 10B of the Act, the liabilities of the Southwest Regional School Board onJuly 31, 2004, that were, in the opinion of the Minister, wholly in respect of

 

                (a)    the South Shore District School Board are allocated to the South ShoreRegional School Board; and

 

                (b)    the Tri-County District School Board are allocated to the Tri-County RegionalSchool Board.

 

       (3)    For greater certainty, all benefits and entitlements of the employees referred to inSection 79 are allocated to the South Shore Regional School Board and the Tri-County Regional School Board, in accordance with the allocation of employeesunder Section 79.

 

       (4)    For the purpose of clause 8(c) of the Act and Section 10B of the Act, any assets andliabilities of the Southwest Regional School Board on July 31, 2004, that directlysupported the departments referred to in subsection 79(2) are allocated jointly to theSouth Shore Regional School Board and the Tri-County Regional School Board.

 

       (5)    For the purpose of clause 8(c) of the Act and Section 10B of the Act, any assets orliabilities of the Southwest Regional School Board on July 31, 2004, that are notallocated under subsection (1), (2) or (4) are allocated proportionally to the successorregional school boards of the district school boards, based on the ratio of the fundedenrolment of each district school board to the combined funded enrolment of bothdistrict school boards as of September 30, 2003.

Section 80 added: O.I.C. 2004-283, N.S. Reg. 179/2004.

Allocation of Provincial funding allocation of the Southwest Regional School Board

81   (1)    Subject to subsections (2) and (3), for the purpose of Section 10B of the Act, theProvincial funding allocation of the Southwest Regional School Board for thebalance of the 2004-2005 fiscal year commencing August 1, 2004, is allocated asbetween the successor regional school boards as follows:

 

                (a)    $34 649 000 is allocated to the South Shore Regional School Board; and

 

                (b)    $32 446 000 is allocated to the Tri-County Regional School Board.

 

       (2)    The allocation to a successor regional school board determined by subsection (1)must be increased or decreased based on the amount of any surplus or deficit of theProvincial funding allocation arising at the dissolution of the Southwest RegionalSchool Board, and the increase or decrease must be in an amount that represents thesuccessor board’s share of the surplus or deficit based on the ratio of the fundedenrolment of the successor board’s predecessor district board to the combined fundedenrolment of both predecessor district boards as of September 30, 2003.

 

       (3)    For greater certainty, the funding allocations determined by subsection (1) are subjectto any increase or decrease of the Provincial funding allocations to school boards.

Section 81 added: O.I.C. 2004-283, N.S. Reg. 179/2004.

Ending division of Strait Regional School Board

82   The school district described in clause 61(3)(a) and the Strait District School Boardestablished under clause 61(3)(b), as those clauses existed before August 1, 2004, aredesignated as a school district and a district school board for the purpose of Section 10F ofthe Act.

Section 82 added: O.I.C. 2004-283, N.S. Reg. 179/2004.

Boards designated to share services and related resources

83   (1)    For the purposes of subsection (2) and Sections 84 and 85, “services and relatedresources” means the services of the financial services department and humanresources services department, including the technology function of the board, of aschool board designated under subsection (2) and the resources used to provide theservices.

 

       (2)    The South Shore Regional School Board and the Tri-County Regional School Boardare designated for the purpose of subsection 64(5) of the Act and must share servicesand related resources in accordance with Sections 84 and 85.

Section 83 added: O.I.C. 2004-283, N.S. Reg. 179/2004.

Manner and terms and conditions of sharing services and related resources

84   (1)    In this Section and Section 85,

 

                (a)    “sharing agreement” means an agreement made by the sharing boards inaccordance with this Section under which the boards share services and relatedresources;

 

                (b)    “sharing boards” means the South Shore Regional School Board and the Tri-County Regional School Board;

 

                (c)    “shared services employee” means an employee of a sharing board who isassigned responsibility in respect of shared services and resources.

 

       (2)    For greater certainty, each sharing board continues to be accountable to the Ministerand have the duties of a school board under Section 64 of the Act and otherprovisions of the Act and regulations that apply to school boards.

 

       (3)    The sharing boards must share services and related resources as between themselvesin accordance with a sharing agreement.

 

       (4)    A sharing agreement must

 

                (a)    provide for the organization and apportionment of shared services and relatedresources;

 

                (b)    include a dispute resolution mechanism, with timely procedural steps,including as a final step the decision of the Deputy Minister of Education andEarly Childhood Development;

[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.]

 

                (c)    provide for the preparation by the Management Committee established undersubsection 85(1) and approval by the sharing boards of a budget for sharedservices and related resources; and

 

                (d)    prescribe standards of delivery of shared services and related resources.

 

       (5)    For greater certainty, a shared services employee continues to be subject to thecontrol and supervision of the sharing board that employs them, including policies,rules and procedures.

 

       (6)    For greater certainty, the assignment of responsibility to an employee in respect ofshared services and related resources does not alter the responsibility of theManagement Committee to carry out its responsibilities under subsection 85(4).

 

       (7)    The sharing boards must apportion as between them the costs of providing sharedservices and related resources proportionally, based on the ratio of the fundedenrolment of each board to the combined funded enrolment of both boards as ofSeptember 30 the preceding fiscal year, and if the sharing boards cannot agree on theapportionment of the costs, the Minister must determine each sharing board’s share.

Section 84 added: O.I.C. 2004-283, N.S. Reg. 179/2004.

Management Committee for shared services and related resources

85   (1)    The sharing boards must establish a Management Committee, the membership ofwhich is composed of the Chair, or the Chair’s designate, and the superintendent, orthe superintendent’s designate, of each sharing board.

 

       (2)    The quorum of the Management Committee is all 4 members.

 

       (3)    The Management Committee must meet at least quarterly.

 

       (4)    The Management Committee has general oversight, leadership and management ofthe services and related resources shared under a sharing agreement, and must

 

                (a)    apportion the shared services and related resources as between the sharingboards, within its approved budget;

 

                (b)    advise the sharing boards on the distinction between the governance and stafffunctions, including advising on policies for that purpose;

 

                (c)    monitor the delivery of shared services and related resources, measured againststandards in the sharing agreement, and provide direction to directors of sharedservices employees;

 

                (d)    prepare an annual report on shared services and related resources, includingconsideration of the sharing boards’ annual evaluations of the delivery ofshared services and related resources, and propose service delivery goals andplans to the sharing boards;

 

                (e)    recommend changes to the sharing agreement for consideration by both sharingboards; and

 

                (f)     establish rules of procedure to carry out its responsibilities,

 

and carry out additional duties as prescribed by the sharing boards.

 

       (5)    Each member of the Management Committee must liaise with the sharing board thatthe member represents.

 

       (6)    A sharing board must

 

                (a)    identify board requirements for shared services and related resources, includingstandards, and establish related policies;

 

                (b)    at least annually, evaluate the delivery of shared services and related resourcesunder a sharing agreement, measured against standards in the sharingagreement, recommend changes to how services and related resources areshared, and provide a report to the Management Committee; and

 

                (c)    ensure that the superintendent of each sharing board that employs a sharedservices employee conducts a performance appraisal of its directors of sharedservices, including goal-setting that aligns with the service delivery plan, and inmaking recommendations relating to the appraisals, consults with thesuperintendent of the other sharing board.

Section 85 added: O.I.C. 2004-283, N.S. Reg. 179/2004.

Definition of “commercial activity”

86   For the purpose of Section 64A of the Act, “commercial activity” of a school boardincludes entering into an agreement with a person to permit the person, for a fee, to placeadvertising posters in a school administered by the school board.

Section 86 added: O.I.C. 2004-334, N.S. Reg. 195/2004.

Schedule “A” replaced: O.I.C. 1999-270, N.S. Reg. 59/99; repealed: O.I.C. 2013-82, N.S. Reg. 60/2013.

 ________________________________________________________________ 

Schedule “B”

Declaration of an entitled parent wishing to register a child for French-first-language

Program instruction from the Conseil Acadien

Child

Name:

Present School:

Address:

Requested School:

 

Date of Birth:

Present Grade:  

Requested Grade:

Parents

Father’s Name:

Address:

Telephone:

Mother’s Name:

Address:

Telephone:

Work

Home

Work

Home

 

Please provide the following information. This information will be used to determine whetheryou are an entitled parent under the Education Act.

PLEASE MARK THE STATEMENT THAT APPLIES TO YOU:

 

I am a citizen of Canada                                                                                 YES  NO

and

 

       (a)    My first language learned and still understood is French,             YES  NO

 

       (b)    I received my primary school instruction in Canada in a

                French-first-language program, or                                                 YES  NO

 

       (c)    One of my children has received or is receiving primary

or secondary school instruction in Canada in a

                 French-first-language program.                                                     YES  NO

 

Note:       You only qualify as an entitled parent if you are a Canadian citizen and you answer“yes” to at least one of a, b, or c.

PLEASE PROVIDE THE FOLLOWING INFORMATION IF ONE OF THE PARENTSMEETS CRITERIA (b) OR (c):

 

Name of school attended:                                 

Address:   

Date of attendance:

I request that the Conseil acadien provide the above-named child with instruction in aFrench-first-language program. I declare that the information I have provided on this form istrue and exact and I am prepared to provide any information the Conseil acadien requests, toestablish that my child is entitled to attend a French-first-language program provided by theConseil acadien.

Signature of Parent:

Name of Parent (in printed letters): 

Date:

(This form is available in French and English)

 ________________________________________________________________ 

Schedule “C”

THIS AGREEMENT made the day of , .

BETWEEN

 

                HER MAJESTY THE QUEEN IN RIGHT OF THE PROVINCE OF NOVASCOTIA represented in this behalf by the Minister of Education and EarlyChildhood Development, hereinafter called “the Licensor”,

OF THE FIRST PART

- and -

SCHOOL BOARD

hereinafter called “the Licensee”,

OF THE SECOND PART

WITNESSETH that in consideration of the sum of $1.00 paid by the Licensee to the Licensor,receipt whereof is hereby acknowledged, the Licensor grants to the Licensee a licence to use,manage, operate, maintain, repair and keep safe the real and personal property of the learningcentre defined in the service agreement made the day of , between

                                                                                 and Her Majesty the Queen in right of theProvince of Nova Scotia as represented by the Minister of Education and Early ChildhoodDevelopment, a copy of which is attached hereto as Schedule “A” and that is hereinafterreferred to as the “Service Agreement”.

The use, management, operation, maintenance, repair and keeping safe of the learning centre bythe Licensee shall coincide with the Licensor’s rights and responsibilities under the ServiceAgreement that are hereinafter delegated by the Licensor to the Licensee and shall be otherwisesubject to and in accordance with the provisions of the Service Agreement.

The Licensor hereby delegates to the Licensee the following rights and responsibilities of theLicensor under the Service Agreement:

The term of this Agreement shall coincide with the term of the Service Agreement and anyrenewal thereof.

IN WITNESS WHEREOF the parties have executed this Agreement the day and year firstabove written.

SIGNED, SEALED AND DELIVERED

)

 

in the presence of

)

 

 

)

HER MAJESTY THE QUEEN IN RIGHT OF

 

)

THE PROVINCE OF NOVA SCOTIA

 

)

represented in this behalf by the Minister of

 

)

)

)

Education and Early Childhood Development

 

)

MINISTER OF EDUCATION AND EARLYCHILDHOOD DEVELOPMENT

 

)

)

)

)

)

SCHOOL BOARD

 

)

Per:

 

 

)

Per: