Bill 40 Explained

Bill 40 – An Act to amend mainly the Education Act with regard to school organization and governance

1. SCHOOL BOARDS BECOME SCHOOL SERVICE CENTERS

1.1 Composition of the board of directors (Section 49): The school service centers shall be administered by a board of directors whose composition differs depending on whether it is a French-language or an English-language school service centre.

1.1.1 French-language school service centre –

16 members:

* 8 parent representatives who are the parents of students attending an institution under the school service centre’s jurisdiction and who sit as parent representatives on the school’s governing board:

* 4 from an elementary school,

* 3 from a secondary school and;

* 1 from a vocational training centre;

The boards of directors’ parent members are elected by the parent representatives sitting on a governing board in accordance with the procedure provided for at Schedule I (Section 49). 4 appointed community representatives who are not members of the school service centre’s staff and who have the following expertise or profile:

*Governance, ethics, risk management or human resources management;

* Finance or accounting or financial or physical resources management;

* Are from the community, municipal, sport, cultural, health, social services or business sector;

* One person aged 18 to 35;

* Community representatives on the board of directors are elected by the parent representatives sitting on a governing board in accordance with the procedure provided for at Schedule I (Section 49).

*4 staff members, including: 1 teacher, 1 non-teaching professional staff member, 1 support staff member and 1 principal of an educational institution.

* These members are appointed in accordance with the procedure they determine (Section 49).

1.1.2 English-language school service centre

* Between 8 and 17 parent representatives who are parents of students attending an institution under the school service centre’s jurisdiction and who sit as parent representatives on the governing board of a school or vocational training centre;

* 4 community representatives who reside in the school service centre’s territory and who are not members of the school service centre’s staff, and who have the following expertise or profile:

* Governance, ethics, risk management or human resources management;

* Finance or accounting or financial or physical resources management;

* Are from the community, municipal, sport, cultural, health, social services or business sector;

* One person aged 18 to 35.□ 4 staff members, including: 1 teacher, 1 non-teaching professional staff member, 1 support staff member and 1 principal of an educational institution.

* Parents are elected in accordance with the Act Respecting School Elections, while community representatives are elected in accordance with the Act or the regulation.

1.2 School service centre operation

Right to vote (Section 55): All of the members are entitled to vote.

Length of terms (Section 49): 3-year term, with elections held in 2 out of 3 years (Section 49) to allow for the election, each time, of half of the members of each category.

Role of the chair and vice-chair (Section 51): The chair and vice-chair are parents of students who sit as parent representatives on the board of directors.

Role of the director general (Section 61): The director general shall take part in the meetings of the centre’s board of directors but is not entitled to vote. He/she is also the service centre’s official spokesperson (Section 90).

Executive staff (Section 61): A member of the executive staff designated by his or her peers takes part in the service centre’s meetings.

The operating rules (internal management) must be adopted by regulation (Section 57).

Remuneration (Section 65): The members are entitled to an attendance allowance (in accordance with the standards established by the government) and to the reimbursement of reasonable expenses incurred in the exercise of their functions.

1.3 Committees Commitment-to-student-success committee (Section 88): Creation of a commitment-to-student success committee, established by the school service centre, composed of not more than 18 members, to which the service centre may delegate authority (Section 64).

Executive committee (Sections 64 and 75): Abolition of the executive committee, though delegation to the governing board, the allocation of resources committee, the commitment-to-student-success committee, the director general and executive staff remains possible.

Parents’ committee (Section 81, par. 6): The parents’ committee must develop a policy on financial contributions and propose it to the board of directors for adoption by the latter.

* At the request of the parents’ committee, the school service centre shall forward to parents any document it has received from the parents’ committee (Section 83).

Allocation of resources committee (Section 87): The allocation of resources committee shall make recommendations to the board of directors.

1.4 Ethics and professional conduct

Board of directors of a French-language services centre/powers of the Minister (Section 66): Obligation to adopt a code of ethics and professional conduct for members sitting as parent representatives or community representatives. Powers of the Minister (Section 457.8): The Minister shall determine, by regulation, the standards of ethics and professional conduct applicable to the members of a French-language school service centre’s board of directors and to the members of an English-language school service centre’s board of directors sitting as staff representatives.

2. CHANGES AT THE GOVERNING BOARD LEVEL

2.1 Composition and establishment of the governing board.

The exact composition of governing boards no longer comes under the jurisdiction of school boards. The composition provided for in the Act is now prescribed. After taking office for a first term, governing board members are required to undergo training developed by the Minister (Section 16).

2.1.1 Composition of the governing board (Section 6)

The governing board shall be composed of 12 members:

* 6 parent representatives who are parents of students attending the school, who are not members of the school staff and who are elected by their peers;

* 4 members of the school staff:

* At least 2 teachers elected by their peers;

* 1 non-teaching professional staff member elected by his or her peers;

* 1 support staff member elected by his or her peers.

* One student elected by his or her peers or the association representing students, in the case of a school providing education to students in the 2nd cycle of the secondary level;

* The person in charge of childcare or another member of the staff assigned to childcare, appointed by the person in charge, in the case of a school where childcare is organized for children at the preschool and elementary school level;

* 1 community representative who is not a member of the school staff and who is appointed by the parents elected to the governing board.

In the case of a school where no childcare is organized and where education is not provided to students in the 2nd cycle, the number of school staff members is raised to five, including at least three teachers.

In the case of a school where childcare is organized and where education is provided to students in the 2nd cycle of the secondary level, the number of members on the governing board is raised to 14, including seven parent representatives.

Where fewer than 60 students (Section 44): Where fewer than 60 students are enrolled in a school, the school service centre may, after consulting with the parents of the students attending the school and with the school staff, vary the rules governing the composition of the governing board, however the parent representatives must constitute at least half of the governing board.

Vice-chair (Section 58): A vice-chair is appointed to the governing board.

Right to vote (Section 22): All of the members of the governing board, including community representatives, are entitled to vote.

Length of term (Section 17): Half of the parent representatives are elected for a term which begins in an odd year and the other half are elected for a term which begins in an even year.

Substitute members – parent members (Section 10): During their general assembly, the parents must elect at least 2 substitute members.

Substitute members – community representatives (Section 14): Parent representatives on the governing board may also appoint a substitute member to replace the community representative. The person in charge of childcare may appoint a substitute member to replace him or her.

2.2 Powers of the governing board

Adoption of the anti-bullying and anti-violence plan (Section 25): The governing board has the power to adopt, and not merely approve, the anti-bullying and anti-violence plan.

Adoption of the operating rules for childcare services (Section 26): The governing board shall, on a proposal from the principal, adopt the operating rules for childcare services.

Justification of the school service centre (Section 27): If the school service centre does not follow up on an advisory opinion of the governing board which requires follow-up, it must provide reasons.

Advice given to the principal (Section 28): The governing board may advise the principal on any matter likely to facilitate the proper operation of the school. If the principal does not follow up on an advisory opinion of the governing board which requires follow-up, he/she must provide reasons.

Promotion of public education (Section 30): The governing board must promote public education, whereas this obligation is currently the responsibility of school boards.

Consultation of students (Section 31): Obligation to consult the students (or a group of students) at least once per school year on matters relevant to the operation of the school.

Standards and procedures for the evaluation of achievement (Section 34): The standards and procedures for the evaluation of achievement may exceptionally allow the principal to increase a student’s result after consulting with the teacher.

2.3 Powers of governing boards of vocational training centers or adult education centers (Section 42)

The centers must henceforth adopt an anti-bullying and anti-violence plan.

3. MINISTER’S POWERS ENHANCED

Infrastructures (Section 114): The school service centre may not undertake any construction, expansion, conversion, demolition, replacement or major renovation works without the Minister’s authorization when the total cost of the project is greater than the amounts determined by regulation.

A school service centre may exercise a pre-emptive right on certain immovables.

Election of members of the board of directors (Section 132): The Minister may, by regulation, determine the terms, conditions and standards necessary for the election of the members of a school service centre’s board of directors.

Training and other requirements of teaching certificate holders (Section 133, Education Act): The Minister determines the on-going training requirements of teaching certificate holders as well as control, supervision or evaluation measures.

Objectives and targets (Section 137): The Minister determines the objectives or targets relating to the administration, organization or operation of school service centers.

4. CHANGES IN STUDENT ADMISSION AND ENROLLMENT

Choice of school (Section 1): The student or, if he/she is a minor, the parents have the right to choose, every year, among the schools that provide services to which the student is entitled and that best reflects their preferences. The notion of “school board whose jurisdiction the student comes under” no longer exists. Thus, the chosen school may be outside the service centre’s territory where the student resides.

Priority of enrollment (Section 107): As far as possible, the enrollment criteria must give priority to students whose brother or sister already attends the school. This is added to the proximity criterion.

5. TRANSITIONAL AND FINAL PROVISIONS

Continuance of proceedings (Section 297) Proceedings to which a school board is a party are continued under its new name, without continuance of suit.

End of commissioners’ term (Section 298): The terms of the commissioners of the French language school boards end on 29 April 2020. From that date until 30 June 2020, they form an advisory committee.

Powers of the director general (Section 299): From 1 March 2020 to 1 May 2020, the director general of a French-language school board assumes the functions assigned by law to the council of commissioners and to the commissioners.

Application of the codes of ethics and professional conduct (Section 307): Provision is made for transitional measures for the application of the codes of ethics and professional conduct of French-language and English-language school boards, until the coming into force of the regulation made under section 134.

Power of the Minister to annul a decision by a school board (Section 308): Between 1 October 2019 and 1 May 2020 (or 1 November 2020 in the case of an English-language school board), the Minister may, after an inquiry, on the Minister’s own initiative or following a disclosure, annul any decision made by a school board governed by this Act or a director general referred to in section 199 of the Education Act that has an impact on the school board’s human, financial, physical or information resources that the Minister considers contrary to the future interests of a school service centre.