Bill 86 explained
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.
This bill amends the Education Act in order to replace the council of commissioners by a school council composed of parents, school board personnel members and persons from the community. It also sets out the powers and duties of the school council, its mode of operation and the rules governing the election of school council members. To that end, it provides that the community representatives may, depending on the result of a consultation, be elected either by all the electors domiciled in the territory of the French language or English language school board concerned or by the parents ’ committee. The Act respecting school elections is consequently repealed.
The central role of schools in students’ development is affirmed, and certain measures to ensure the participation of the principals of schools, vocational training centres and adult education centres in various decisions concerning the educational institutions under their direction are introduced. To that end, the bill provides that each school board must establish a resource allocation committee composed mainly of principals of its schools and centres, and sets out the powers and duties of such a committee. In addition, teachers are entitled under the bill to exercise certain rights in their capacity as key pedagogical experts.
The bill simplifies the planning and accountability reporting mechanisms imposed on schools, centres and school boards.
The Minister is given the power to issue directives to school boards, and the oversight powers governing school boards are tightened. In addition, the role of the director generals of school boards and the process for renewing their term of office are revised.
The rules governing territorial changes are also revised, mainly by making it mandatory for the Government to consult the school boards before changing their territories and by adding a regulatory power making it possible to establish the transitional plan that is to apply in such a case.
The principle of entitlement to free preschool education and elementary and secondary instruction is broadened by limiting exclusions to three categories of students who are not Quebec residents.
Various special amendments are also made, including amendments to modify certain rules related to governing boards, to ensure that vocational training is relevant to labour market needs, and to facilitate the merging of services provided by school boards.
Lastly, numerous amendments are required as a result of the disappearance of the notions of commissioner and council of commissioners, and rules are introduced to govern the transition from the council of commissioners to the school council.
LEGISLATION AMENDED BY THIS BILL:
- Tax Administration Act (chapter A-6.002);
- Act respecting land use planning and development (chapter A-19.1);
- Charter of the French language (chapter C-11);
- Code of ethics and conduct of the Members of the National Assembly (chapter C-23.1);
- Labour Code (chapter C-27);
- Act respecting contracting by public bodies (chapter C-65.1);
- Act respecting elections and referendums in municipalities (chapter E-2.2);
- Election Act (chapter E-3.3);
- Act respecting private education (chapter E-9.1);
- Act respecting workforce management and control within government departments, public sector bodies and networks and state-owned enterprises (chapter G-1.011);
- Education Act (chapter I-13.3);
- Act to ensure mainly the recovery of amounts improperly paid as a result of fraud or fraudulent tactics in connection with public contracts (chapter R-22.214.171.124.3);
- Act to establish the Administrative Labour Tribunal (chapter T-15.1).
LEGISLATION REPEALED BY THIS BILL: – Act respecting school elections (chapter E-2.3).
REGULATIONS AMENDED BY THIS BILL:
- Regulation respecting the definition of resident in Quebec (chapter I-13.3, r. 4);
- Regulation respecting the complaint examination procedure established by a school board (chapter I-13.3, r. 7.1);
- Regulation respecting student transportation (chapter I-13.3, r. 12);
- Regulation respecting the delegations of powers and duties of the Minister of Education, Recreation and Sports (chapter M-15, r. 1);
- Regulation respecting certain conditions of employment of senior executives of school boards made by a ministerial order dated 18 November 2004 (2004, G.O. 2, 3529);
- Regulation respecting certain conditions of employment of senior staff of school boards and of the Comite de gestion de la taxe scolaire de l’ile de Montreal made by a ministerial order dated 10 May 2012 (2012, G.O. 2, 1817).
source: National assembly, Quebec official publisher 2015, Mr. Francois Blais, Minister of Education, Higher Education and Research
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