Projet de loi 86
Loi modifiant l’organisation et la gouvernance des commissions scolaires en vue de rapprocher l’école des lieux de décision et d’assurer la présence des parents au sein de l’instance décisionnelle de la commission scolaire
FAITS SAILLANTS
Draft Bill 86
An Act to modify the organization and governance of school boards to give schools a greater say in decision‐making and ensure parents’ presence within each school board’s decision‐making body
HIGHLIGHTS Secrétaires généraux des commissions scolaires anglophones du Québec Secretaries General of English School Boards of Quebec
School Governance
• Disappearance of: • Act respecting School Elections • Council of Commissioners (15 days after adoption of Bill 86-possible adoption next spring) • Executive Committee
• School Council replaces Council of Commissioners Secrétaires généraux des commissions scolaires anglophones du Québec Secretaries General of English School Boards of Quebec
School Governance
• Provisional School Council (15 days after Bill 86 is adopted until October 31st 2016)
• Parent commissioners currently on Council of Commissioners • Chairman of the Parents’ Committee or a member of the Parents’ Committee • Two School Principals/Centre Directors (elected by their peers) • Director General • The Chairman of the Provisional School Council will be elected by the members from among all of the voting members. • All members have the right to vote (except DG) Secrétaires généraux des commissions scolaires anglophones du Québec Secretaries General of English School Boards of Quebec
School Governance
• School Council (November 1, 2016 - …)
• The School Council will be made up of 16 members plus the Director General. • Number of members is the same for all school boards. Secrétaires généraux des commissions scolaires anglophones du Québec Secretaries General of English School Boards of Quebec
School Governance • School Council
• Six parents, at least one of whom has a child with special needs (elected by Parents’ Committee)-previously members of a governing board or of a school board committee or council for at least one year (with the exception of the parent with a special needs child).
• Two School Principals or Centre directors (elected by their peers)
• One teacher (elected by her/his peers)
• One non-teaching professional (elected by her/his peers) • Six community representatives, four of whom are from the following sectors*: health or sports, culture or communications, employment, municipal • Director General *If designated by Parents’ Committee Secrétaires généraux des commissions scolaires anglophones du Québec Secretaries General of English School Boards of Quebec
School Governance
• Community representatives (6) • elected by the community following a consultation of parents of students attending the school board (if 15%* are in favour). • No specific sectors • Or may be designated by the Parents’ Committee following a public call for candidates* (interested persons must be supported by a body or organization) • sports or health; • culture or communications; • employment; • municipal • 2 others at large (need to be domiciled in the territory of the SB)
* not need to be domiciled in the territory of the school board but they must serve SB territory Secrétaires généraux des commissions scolaires anglophones du Québec Secretaries General of English School Boards of Quebec School Governance • The following persons may not be members of a school council: • (1) Members of the National Assembly; • (2) Members of the Parliament of Canada; • (3) judges or justices of any court of justice; • (4) public servants of the MEESR or public servants of any other department assigned to the MEESR on a permanent basis; • (5) school board employees, except to hold the seats reserved for them; • (6) employees of the Comité de gestion de la taxe scolaire de l’île de Montréal, with respect to a school council of any school board on the island of Montréal; • (7) directors (administrators) of an association of employees or an association of management personnel that represents school board employees; • (8) persons under 18 years of age; • (9) persons who are not Canadian citizens; • (10) persons on whom a term of imprisonment has been imposed, for the duration of the term. In addition, a person may not be a member of more than one school council.” Secrétaires généraux des commissions scolaires anglophones du Québec Secretaries General of English School Boards of Quebec
School Governance
• The Chairman of the School Council will be elected by the members from among the parents or the community representatives. (It shall then appoint the vice-chair, who must be chosen from among the members holding a seat reserved for persons from the community if the chair holds a seat reserved for parents, and vice versa.)
•All members have the right to vote except the Director General
•Their term of office is 3 years
• The quorum at school council meetings is both the majority of its members and the majority of parents and community representatives Secrétaires généraux des commissions scolaires anglophones du Québec Secretaries General of English School Boards of Quebec
School Governance
• The term of office of a member of a governing board, the parents’ committee, the advisory committee on services for handicapped students and students with social maladjustments (SEAC) or learning disabilities, or the advisory committee on transportation shall end on the date the member takes office if the member is elected to the school council, except if his membership on the board or committee is based on his status as a school council member. • Members of the School Council will not be remunerated but will receive an attendance allowance as well as reimbursement for expenses (as determined by the government). Secrétaires généraux des commissions scolaires anglophones du Québec Secretaries General of English School Boards of Quebec
Governing Boards
• The functions and powers of the governing board are clarified in the educational project as well as in the operation of the school.
• The governing board now has the power to adopt rather than approve topics such as the Anti Bullying-Anti Violence plan; rules of conduct; subject/time allocation, school supplies lists, etc.
(Adopt = has the power to make changes Approve = accepts or rejects the document as presented) Secrétaires généraux des commissions scolaires anglophones du Québec Secretaries General of English School Boards of Quebec
Governing Boards
• The governing board may now advise the school board on the school principal’s work performance for the purpose of his annual evaluation. • The governing board shall appoint a member, other than a student or an employee, to participate in the selection of the school principal. • The school council and governing boards must receive training on governance, ethics and financial management. • A substitute member may, for each category of members, be appointed or elected Secrétaires généraux des commissions scolaires anglophones du Québec Secretaries General of English School Boards of Quebec
Delegation of Powers to the Governing Board
• The school council may also delegate certain functions and powers to a governing board or to the resource allocation committee established in accordance with section 197.1. (art 51, Bill 86) Secrétaires généraux des commissions scolaires anglophones du Québec Secretaries General of English School Boards of Quebec
Role of Schools
• The mission of school boards will be focused on providing support to schools. • Schools will play a central role in the progress of students. • Teachers are recognized as key pedagogical experts.(art 3) • The powers of the governing board are defined in terms of its contribution to developing the educational project and the operation of the school. Secrétaires généraux des commissions scolaires anglophones du Québec Secretaries General of English School Boards of Quebec Reporting Tools
• Elimination of: Partnership Agreement between the Board and the MEESR Management and Educational Success Agreements between the Board and its schools School Success Plans The Board’s Strategic Plan (replaced by the Board’s Commitment-to-Success plan)
However, these tools are extended until June 30, 2017, with necessary modifications (art 195) Secrétaires généraux des commissions scolaires anglophones du Québec Secretaries General of English School Boards of Quebec Reporting Tools
• Maintained (4): School Board’s Annual Report School’s Annual Report Educational Project (schools and centres) School Board’s Commitment-to-Success Plan (July, 1rst, 2017) Secrétaires généraux des commissions scolaires anglophones du Québec Secretaries General of English School Boards of Quebec
Educational Project
• The school shall pursue its mission within the framework of an educational project. (art 4) • Some of the elements come from the Success Plan. (Content is defined in art 5). • The first Educational Project will take effect on July 1, 2018,one year after the Board’s new commitment-to-success plan. • The school’s educational project must respect students’, parents’ and school staff’s freedom of conscience and of religion. Secrétaires généraux des commissions scolaires anglophones du Québec Secretaries General of English School Boards of Quebec
Educational Project
• The governing board now sends the Educational Project and any evaluation of the project directly to the school staff and parents. • The school board is responsible for making the Educational Projects of its schools and centres public. • Adult education centres will now also have an Educational Project. Secrétaires généraux des commissions scolaires anglophones du Québec Secretaries General of English School Boards of Quebec
Responsibilities of School Principals
• Recommends that a portion of the meeting of the governing board be held in camera (cannot occur without principal’s recommendation) • Assists the governing board with an analysis of the situation of the school prior to the adoption of the Educational Project • Assists governing board parents to consult the parents of the school on all matters related to educational services Secrétaires généraux des commissions scolaires anglophones du Québec Secretaries General of English School Boards of Quebec
Responsibilities of School Principals
• Sends the Educational Project and its evaluation to staff and parents (to staff and students in the case of a centre). • Sends the Educational Project to the school board which will make it public. • Presents members of the governing board with all documentation sent to its attention by the school board. • Must add to the IEP the possibility of appeal if a parent or student is dissatisfied. Secrétaires généraux des commissions scolaires anglophones du Québec Secretaries General of English School Boards of Quebec
Responsibilities of the Director General
• The DG convenes the first meeting of the new school council by December 1st. (art 41) • Under the direction of the DG, a resource allocation committee is set up. (art 65) Secrétaires généraux des commissions scolaires anglophones du Québec Secretaries General of English School Boards of Quebec
Responsibilities of the Director General
• The director general shall also see to the proper operation of the school board, in particular by ensuring that everyone’s roles and responsibilities are given due regard. (art 69)
• The director general must, if of the opinion that the school board’s budgetary balance or compliance with the terms and conditions determined by the Minister under section 279 is at risk, inform the school council and the Minister of that fact without delay. (art 71) Secrétaires généraux des commissions scolaires anglophones du Québec Secretaries General of English School Boards of Quebec
The Director General FROM THE REGULATION RESPECTING SENIOR MANAGEMENT
• A concept of evaluation is added (article 25.1) • DG’s evaluation focuses primarily on the management of the school board’s financial resources, the function of ensuring that everyone’s roles and responsibilities are given due regard and the implementation of the commitment-to success plan. • The DG needs to sit on the committees where these topics are discussed. Secrétaires généraux des commissions scolaires anglophones du Québec Secretaries General of English School Boards of Quebec
The Director General FROM THE REGULATION RESPECTING SENIOR MANAGEMENT
• “A director general, however, shall be appointed for a definite period.” • “A director general shall be engaged for a period not exceeding five years.” • His contract may be renewed based on his evaluations (art 68) • Provisions regarding the decision to suspend, dismiss or terminate the director general Articles 109,110 & 111 of the Regulation Secrétaires généraux des commissions scolaires anglophones du Québec Secretaries General of English School Boards of Quebec
Committees
• A Resource Allocation Committee composed primarily of school and centre principals, the Director General and the person responsible for students with special needs. • Management Advisory Committee becomes the Joint Management Committee with the obligation of reporting annually to the School Council, particularly on fees charged to parents. Secrétaires généraux des commissions scolaires anglophones du Québec Secretaries General of English School Boards of Quebec
Committees
• Audit Committee remains; It must secure the assistance of at least one person who has competency in accounting or financial matters but is not a school board employee.
• Human Resources Committee remains; It will conduct the evaluation of the Director General, which is then sent to the Minister and the school council. The committee must secure the assistance of at least one person who has competency in Human Resources. An employee of the school board may not be a member of this committee.
• Governance and Ethics remains; The committee must secure the assistance of at least one person who has competency or relevant experience in governance matters but is not a school board employee. Secrétaires généraux des commissions scolaires anglophones du Québec Secretaries General of English School Boards of Quebec
Committees
• Advisory Committee on Services for Students with Special Needs has the added responsibility of giving the school board an opinion on its Commitment-to-Success plan. Secrétaires généraux des commissions scolaires anglophones du Québec Secretaries General of English School Boards of Quebec
Territories and mergers • At a school board’s request or on its own initiative after consulting with the school board concerned, the Government may, by order, make any change to school board territories. • The Minister may, by regulation, establish a transitional plan applicable to school boards affected by territorial changes. • The Minister may, in particular, prescribe the rules under which one school board may succeed another and the manner in which the rights and obligations of a school board whose territory is changed are to be transferred. Articles 116-120 Secrétaires généraux des commissions scolaires anglophones du Québec Secretaries General of English School Boards of Quebec
School Taxes
• The power to levy school taxes remains with school boards. Secrétaires généraux des commissions scolaires anglophones du Québec Secretaries General of English School Boards of Quebec Student Ombudsman REGULATION RESPECTING THE COMPLAINT EXAMINATION PROCEDURE ESTABLISHED BY A SCHOOL BOARD
• Art 166, Bill 86 modifies the Regulation to include homeschooled students. This means that the Ombudsman would accept and follow up on complaints from parents of homeschooled students. Secrétaires généraux des commissions scolaires anglophones du Québec Secretaries General of English School Boards of Quebec
Powers of the Minister • The Minister is given the power to issue directives to school boards, and the oversight powers governing school boards are tightened. (intro to Bill 86) • The Minister may, by regulation, establish a transitional plan applicable to school boards affected by territorial changes (art 37) • The Minister may, in particular, prescribe the rules under which one school board may succeed another and the manner in which the rights and obligations of a school board whose territory is changed are to be transferred. Secrétaires généraux des commissions scolaires anglophones du Québec Secretaries General of English School Boards of Quebec
Powers of the Minister
• The Minister shall rule on any dispute among the school boards concerned during the transition (art 37) • As a last resort, the Minister may appoint any member to fill a vacancy on school council (art 40) • The Minister may make the appointments necessary to fill vacancies on the school council in order to attain quorum. • The Minister must receive a copy of the DG’s evaluation. Secrétaires généraux des commissions scolaires anglophones du Québec Secretaries General of English School Boards of Quebec
Powers of the Minister
• The Minister has authority over the suspension, dismissal or removal from office of the DG (art 68) • The Minister may impose elements to be contained in the commitment-to- success plan (art 73) • The Minister may identify school boards that are to produce an analysis evaluating opportunities for sharing resources or services with other school boards. The Minister may, following this analysis, make recommendations or require that measures encouraging the sharing of resources or services be implemented. (art 76) Secrétaires généraux des commissions scolaires anglophones du Québec Secretaries General of English School Boards of Quebec
Powers of the Minister
• The Minister may, by regulation, provide for and regulate the carrying out of information and prevention activities related to safety at school. (art 112) • The Minister may determine, for all school boards or based on the situation of one or certain school boards, policy directions, objectives and targets they must take into account in preparing their commitment-to-success plans. (art 114) Secrétaires généraux des commissions scolaires anglophones du Québec Secretaries General of English School Boards of Quebec
Powers of the Minister
• The Minister may, for any school board, prescribe terms governing the coordination of the entire strategic planning process between the educational institutions, the school board and the department.
• The Minister may also, on receiving a school board’s commitment-to- success plan, require the school board to defer publication of the plan or to amend it to make it consistent with the expectations communicated under section 459.2.(art 114, Bill 86) Secrétaires généraux des commissions scolaires anglophones du Québec Secretaries General of English School Boards of Quebec
Powers of the Minister
• The Minister shall prepare a decentralized management practices guide for school boards and see that it is distributed. • the Minister may issue directives to a school board concerning its administration (art 116) • The Minister may, if of the opinion that the director general of a school board has been doing anything that is incompatible with the rules of sound management, appoint one or more persons to temporarily replace the director general for a period of up to 180 days. (art 125) Secrétaires généraux des commissions scolaires anglophones du Québec Secretaries General of English School Boards of Quebec
Powers of the Minister
• The Minister may suspend all or some of the functions or powers of a council of commissioners or a provisional school council until the first school council takes office, and may designate the director general of the school board or appoint an administrator to exercise those functions and powers. (art 198) Secrétaires généraux des commissions scolaires anglophones du Québec Secretaries General of English School Boards of Quebec
Question period Secrétaires généraux des commissions scolaires anglophones du Québec Secretaries General of English School Boards of Quebec
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