The Education Act, 1995
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1 EDUCATION, 1995 c. E-0.2 The Education Act, 1995 being Chapter E-0.2* of the Statutes of Saskatchewan, 1995 (effective January 1, 1997) as amended by the Statutes of Saskatchewan, 1996, c.45; 1997, c.35; 1998, c.21; 1999, c.16; 2000, c.10, 42 and 70; 2001, c.13; 2002, c.27 and 29; 2004, c.16 and 67; 2005, c.10, 11 and 21; 2006, c.18, 38 and 42; 2008, c.11; 2009, c.13, 14 and 15; 2010, c.10, c.22 and 25; 2012, c.10; 2013, c.P-38.01 and c.9; 2014, c.11 and c.28; and 2015, c.3, c.6, c.18 and c.22. *NOTE: Pursuant to subsection 33(1) of The Interpretation Act, 1995, the Consequential Amendment sections, schedules and/or tables within this Act have been removed. Upon coming into force, the consequential amendments contained in those sections became part of the enactment(s) that they amend, and have thereby been incorporated into the corresponding Acts. Please refer to the Separate Chapter to obtain consequential amendment details and specifics. NOTE: This consolidation is not official. Amendments have been incorporated for convenience of reference and the original statutes and regulations should be consulted for all purposes of interpretation and application of the law. In order to preserve the integrity of the original statutes and regulations, errors that may have appeared are reproduced in this consolidation. 2 c. E-0.2 EDUCATION, 1995 Table of Contents PART I 51 Report to minister Short Title and Interpretation 51.1 Tie vote 1 Short title 51.2 Application of other Acts 2 Interpretation 52 Duties of chairperson and secretary 53 Powers and duties of separate school divisions PART II Provincial Administration 54 Alteration of boundaries of divisions and sub-divisions MINISTER 55 Order to be published 3 Responsibilities 56 Repealed 4 Powers of minister 57 Change of name or number of school division 4.1 Education Scholarship Fund 58 Repealed 5 Inquiry 59 Map of school divisions 6 Repealed 60 Disestablishment of school division or conseil scolaire 7 Repealed BOARDS OF EDUCATION AND 8 Powers of minister regarding programs and materials CONSEIL SCOLAIRE 9 Copyright tariffs and licence agreements 61 Board of education for division 10 Repealed 62 Repealed 11 Repealed 63 Board of education a corporation EDUCATIONAL COUNCIL 64 Election of conseil scolaire 12 Repealed 65 Requirements for candidates for conseil scolaire 13 Repealed 66 Voters may also be registered as electors 14 Repealed 67 Repealed 68 Disqualification CONSEIL GÉNÉRAL 69 Conflict of interest 15 to 36 Repealed 70 Ouster of member 37 Repealed 71 Declaration of office by members 38 Repealed 39 Repealed MEETINGS OF BOARDS OF EDUCATION AND CONSEIL SCOLAIRE PART III 72 Organizational meeting Local Government Administration SCHOOL DIVISIONS, CONSEIL SCOLAIRE AND 73 Other meetings FRANCOPHONE EDUCATION AREAS 74 Notice of meetings 40 School divisions and sub-divisions 75 Quorum 41 Powers of minister to establish divisions 76 Exercise of powers, validity of proceedings 42 Order establishing school division – first election 77 Motions 42.1 Conseil scolaire established 78 Voting 43 Proposal for francophone education area and 79 Acting chairperson or président fransaskois school 80 Meetings open to public 43.1 Approval or rejection of proposal by conseil scolaire 80.1 Alternate meeting procedures 44 Changing boundaries of francophone education areas 81 Payment for attendance at meetings 45 Repealed 82 Payment for performance of authorized business of 46 Repealed board of education 47 Francophone education area established and altered 83 Payment for performance of authorized business of by minister’s order conseil scolaire 48 Contents of minister’s order 84 Power to designate portion of remuneration as 49 Establishment of separate school division expenses 50 Conduct of poll 3 EDUCATION, 1995 c. E-0.2 DUTIES AND POWERS OF BOARDS OF EDUCATION 108 Repealed AND CONSEIL SCOLAIRE 109 Duties of director 85 Duties of the board of education 110 Duties re production of documents 86 Duties of conseil scolaire 111 Repealed 87 Powers of board 112 Repealed 87.1 Consent of school community council to school closure 113 Repealed or discontinuance of grades or years 114 Repealed 87.2 School review 115 Repealed 87.3 Notice re school review 116 Duties of other employees 87.4 School review committee 117 Limitation of liability 87.5 Meeting of electors re consideration of school closure or discontinuance of grades or years ASSETS AND LIABILITIES OF 87.6 Final motion and implementation plan re school SCHOOL DIVISIONS closure or discontinuance of grades or years 118 Adjustment of assets and liabilities on transfer of 87.7 Effective date of school closure or discontinuance of portion of division grades or years 119 Inventory of assets and liabilities 87.8 School of opportunity 88 Powers of conseil scolaire SCHOOL DISTRICTS 89 Responsibility of members of board or conseil scolaire 120 School district for fulfilment of contracts 121 Map of school districts 90 Liability of member of board of education or conseil 121.1 Map of division scolaire francophone scolaire 122 Alteration of boundaries of school district 91 Repealed 122.1 Alteration of attendance area boundaries JOINT BOARDS 123 Repealed 92 Agreement to provide services jointly 124 Repealed 93 Joint board 125 Repealed 94 Powers and duties of joint board 126 Repealed 95 Procedures applicable to joint boards 127 Repealed 96 Minutes of joint board 128 Repealed 129 Repealed ANNUAL MEETING OF ELECTORS 130 Repealed 97 Annual meeting of electors 131 Repealed 98 Special meetings of electors 132 Repealed 99 Meetings of electors to review services 133 Repealed MEETINGS OF VOTERS 134 Repealed 100 Annual meeting of voters in francophone education area CONSEILS D’ÉCOLES 101 Special meetings of voters 134.1 Conseil d’école for each fransaskois school 102 Repealed 134.2 Composition, duties and powers of conseil d’école 134.3 Procedure at meetings of conseil d’école ADMINISTRATION IN SCHOOL DIVISIONS AND 134.4 Other activities of conseil d’école CONSEIL SCOLAIRE 135 Repealed 103 Administrative manuals 136 Repealed 104 Duties of chairperson of board of education 137 Repealed 105 Duties of président of conseil scolaire 138 Repealed 106 Committees 139 Repealed 107 Staff of school division and conseil scolaire 140 Repealed 4 c. E-0.2 EDUCATION, 1995 SCHOOL COMMUNITY COUNCILS ORGANIZATION AND MANAGEMENT OF SCHOOLS 140.1 Establishment of school community councils 168 Organization of classes for instruction 140.2 Membership of school community council 169 Classification of pupils 140.3 Terms of office 170 Instruction limit 140.4 Disqualification of members 171 Recovery of costs 140.5 Duties and powers 172 Recovery of costs by conseil scolaire 173 Fees for resident persons PART IV Pupils, Programs and Services STAFF OF SCHOOLS PUPILS 174 Composition of staff of school 141 Right to education 175 Duties of principal 142 Right to attend school at cost of school division EDUCATIONAL PROGRAM 143 Right to attend school at cost of conseil scolaire 176 Courses of study 144 Attendance of others at fransaskois school 177 Approval by board of education 145 Access to high schools 178 Pupils with intensive needs 146 Right to special services without charge or fee 178.1 Reviews re pupils with intensive needs 147 Repealed 179 Co-curricular programs 148 Mediation of conflict involving pupil 180 Language of instruction 149 Employment of certain pupils prohibited 181 Minority language instruction program DUTIES OF PUPILS 182 Religious instruction 150 General duties of pupils 183 Religious instruction in fransaskois schools 151 Pupil accountable to supervisor 184 Citizenship education DISCIPLINE 185 Vocational education 152 General discipline 186 Repealed 153 Referral to committee 186.1Repealed 154 Suspension 187 Gifted pupils 155 Expulsion 188 Physical education 189 Driver education SCHOOL ATTENDANCE 156 Attendance compulsory HEALTH AND WELFARE OF PUPILS 157 Exceptions to school attendance 190 Health of pupils 158 Pupils to attend regularly and furnish information 191 Guidance and counselling services 159 Attendance counsellor 192 Liaison with social agencies 160 Duties and powers of local attendance counsellor 193 Explosives and firearms prohibited 161 Reports and referrals concerning irregular attendance 194 Board to provide transportation to certain pupils 162 Offence and penalty 195 Provision of services 196 Administration and supervision of transportation OPERATION OF SCHOOLS services 163 School year 197 Reports respecting school transportation 164 Repealed 165 Repealed 166 Repealed 167 Repealed 5 EDUCATION, 1995 c. E-0.2 PART V BOARD OF REFERENCE Teachers 218 Board of reference constituted EMPLOYMENT OF TEACHERS 219 Investigation by board of reference 198 Teacher’s certificate required 220 Counsel 199 Appointment or dismissal of teacher 221 Scope of investigation 200 Contract of employment 222 Witnesses and evidence 201 Delegation of functions of board of education or conseil scolaire 223 Record of proceedings 202 Continuation of contract 224 Questions decided by majority vote 203 Employment status of teachers on establishment of 225 Powers of board of reference school division 226 Decision of board of reference binding 204 Employment status of teachers on transfer 227 Decision enforceable as Queen’s Bench judgment 205 Status of teachers in schools transferred to conseil 228 Expenses of investigation scolaire 229 Contracts prohibited pending investigation 206 Effect of transfer 230 The Arbitration Act, 1992 not applicable 207 Teacher employed by joint board PROFESSIONAL CONDUCT 208