BILL 20 – 2007
SCHOOL (STUDENT ACHIEVEMENT ENABLING) AMENDMENT ACT, 2007

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:

 
School Act

1 The preamble to the School Act, R.S.B.C. 1996, c. 412, is amended

(a) in the first paragraph by striking out "become personally fulfilled" and substituting "become literate, personally fulfilled", and

(b) in the second paragraph by striking out "enable all learners to develop their individual potential" and substituting "enable all learners to become literate, to develop their individual potential".

2 Section 1 (1) is amended

(a) by repealing the definition of "accountability contract" and substituting the following:

"achievement contract" means an achievement contract prepared and submitted under section 79.2; ,

(b) by repealing the definition of "board" and substituting the following:

"board" or "board of education" means a board of school trustees constituted under this Act or a former Act; ,

(c) in the definition of "educational program" by striking out "to enable learners to develop their individual potential" and substituting "to enable learners to become literate, to develop their individual potential", and

(d) by adding the following definitions:

"administrative directive" means an administrative directive issued by the minister under section 79.4;

"district literacy plan" means a plan to improve literacy in a school district;

"early learning program" means a program for children who are less than school age, or whose enrollment in an educational program has been deferred under section 3 (2), that

(a) is designed to improve readiness for and success in kindergarten, and

(b) requires a child participating in the program to be accompanied and supervised by the child's parent or other person designated in writing by the parent;

"francophone literacy plan" means a plan to improve literacy in the French language in a francophone school district;

"literacy" means the ability to understand and employ printed information in daily activities, at home, at work and in the community;

"superintendent of achievement" means a superintendent of achievement appointed by the minister under section 171.4 (1); .

3 Section 7 (1) (b) is amended by striking out "accountability contract" and substituting "achievement contract".

4 Section 8.2 (b) is amended by striking out "accountability contract" and substituting "achievement contract".

5 Section 8.3 (2) is amended by striking out "accountability contract" and substituting "achievement contract".

6 Section 11 is amended

(a) in subsection (6) by striking out ", and the decision" and substituting "and, subject to section 11.1 (2), the decision", and

(b) in subsection (7) (a) by striking out "as soon as practicable after receiving an appeal," and substituting "within 45 days of the date on which the board receives the appeal,".

7 The following sections are added to Division 3 of Part 2:

Appeals to superintendent of achievement

11.1 (1) Subject to the regulations, a decision of a board made under section 11 (6) or a reconsideration by a board under section 11.5 may be appealed to a superintendent of achievement.

(2) An appeal under this section is a new hearing.

(3) An appeal under this section does not suspend the operation of a decision under appeal unless the superintendent of achievement otherwise orders under section 11.3.

Powers and duties of superintendent
of achievement on appeal

11.2 (1) On receipt of an appeal under section 11.1, a superintendent of achievement may

(a) refer the matter for mediation or adjudication, to a mediator or adjudicator under contract with the minister or a person designated by the minister, or

(b) summarily dismiss all or part of the appeal.

(2) A superintendent of achievement must exercise the discretion under subsection (1) in accordance with guidelines established by the minister.

(3) If a superintendent of achievement has referred a matter for mediation, the superintendent of achievement may refer the matter to an adjudicator for determination if

(a) mediation is unsuccessful in bringing about agreement between the parties, or

(b) a party so requests.

(4) A superintendent of achievement may, subject to the orders of the minister, establish practices and procedures for the purposes of subsection (1).

Board decision may be suspended

11.3 (1) A person who files an appeal under section 11.1 may request the superintendent of achievement to suspend the operation of the decision under appeal.

(2) The superintendent of achievement may, on his or her own initiative or at the request of a person under subsection (1), suspend the decision for the period and on the conditions the superintendent of achievement considers to be appropriate.

Adjudication of appeals

11.4 (1) On receipt of an appeal referred by a superintendent of achievement under section 11.2, an adjudicator may

(a) confirm, vary or revoke the decision under appeal,

(b) refer the matter back to the board for reconsideration, with or without directions, or

(c) dismiss all or part of the appeal.

(2) In adjudicating an appeal under subsection (1), an adjudicator must not make a decision that would result in any of the following:

(a) the size of any class exceeding the limits set out in section 76.1 (1) or (2);

(b) the size of any class, for any of grades 4 to 7 in any school in the school district, exceeding 30 students unless

(i) in the opinions of the superintendent of schools for the school district and the principal of the school, the organization of the class is appropriate for student learning, and

(ii) the principal of the school has obtained the consent of the teacher of that class;

(c) the size of any class, for any of grades 8 to 12 in any school in the school district, exceeding 30 students unless

(i) in the opinions of the superintendent of schools for the school district and the principal of the school, the organization of the class is appropriate for student learning, and

(ii) the principal of the school has consulted with the teacher of that class;

(d) any class in any school in a school district having more than 3 students with an individual education plan, within the meaning of section 76.1 (5), unless

(i) in the opinions of the superintendent of schools for the school district and the principal of the school, the organization of the class is appropriate for student learning, and

(ii) the principal of the school has consulted with the teacher of that class.

(3) An adjudicator may, subject to the orders of the minister, establish practices and procedures for the hearing of an appeal.

Reconsideration by board

11.5 If an adjudicator refers a matter back to a board under section 11.4 (1) (b), the adjudicator may

(a) request that the board review specific issues in its reconsideration, and

(b) require the board to complete its reconsideration by a certain date.

Decision final

11.6 A decision of a superintendent of achievement under section 11.2 (1) (b), or of an adjudicator under section 11.4 (1), is final and binding on the parties.

Application of the Administrative Tribunals Act

11.7 The following provisions of the Administrative Tribunals Act apply to a superintendent of achievement and adjudicator for the purposes of an appeal under section 11.1 of this Act as if the superintendent of achievement or adjudicator were a tribunal under the Administrative Tribunals Act:

(a) section 29 [disclosure protection];

(b) section 31 [summary dismissal];

(c) section 34 (3) and (4) [power to compel witnesses and order disclosure];

(d) section 36 [form of hearing of application];

(e) section 38 [examination of witnesses];

(f) section 44 [tribunal without jurisdiction over constitutional questions];

(g) section 45 [tribunal without jurisdiction over Canadian Charter of Rights and Freedoms];

(h) section 58 [standard of review if tribunal's enabling Act has privative clause];

(i) section 61 [application of Freedom of Information and Protection of Privacy Act].

Immunity protection for superintendent
of achievement, mediator or adjudicator

11.8 Section 56 of the Administrative Tribunals Act applies to a superintendent of achievement, mediator or adjudicator for the purposes of an appeal under section 11.1 of this Act as if the superintendent, mediator or adjudicator were a tribunal under the Administrative Tribunals Act.

8 Section 22 is amended

(a) by repealing subsection (1) (b) and substituting the following:

(b) is responsible

(i) to the board, for improvement of student achievement in that school district,

(ii) for the general organization, administration, supervision and evaluation of all educational programs provided by the board, and

(iii) for the operation of schools in the school district,

(b.1) must, on or before December 15 of a school year, prepare and submit to the board a report on student achievement in that district for the previous school year, and , and

(b) by adding the following subsection:

(3) A superintendent of schools must promptly provide to a superintendent of achievement for the school district any information or report requested by the superintendent of achievement.

9 The heading to Division 1 of Part 4 is repealed and the following substituted:

Division 1 -- Establishment of Boards of Education .

10 Section 30 (1) is amended by striking out "school trustees" and substituting "education".

11 Section 33 (a) is amended by striking out "school board," and substituting "board,".

12 Section 56 is amended by striking out "school board" and substituting "board".

13 The heading to Part 6 is repealed and the following substituted:

Part 6 -- Boards of Education .

14 Section 65 (1) is repealed and the following substituted:

(1) The trustees elected or appointed under this Act for each school district and their successors in office constitute a board of education for the district and are continued as a corporation under the name of "The Board of Education of School District No. 5 (Southeast Kootenay)", or as the case may be.

(1.1) A board is responsible for the improvement of student achievement in the school district.

15 Section 76.3 (1) is amended by repealing the definition of "student with an individual education plan".

16 Section 79.2 is amended

(a) by repealing subsection (1) and substituting the following:

(1) A board must prepare an achievement contract with respect to

(a) standards for student performance,

(b) plans for improving student achievement in the school district,

(c) literacy,

(d) early learning programs, and

(e) any other matters ordered by the minister.

(1.1) Achievement contracts under subsection (1) may contain different terms and conditions for different boards. , and

(b) in subsection (2) by striking out "October 31" and substituting "July 15" and by striking out "accountability contract" in both places and substituting "achievement contract".

17 The following sections are added:

Report on student achievement

79.3 On receipt of a report submitted by a superintendent of schools under section 22 (1) (b.1), the board must, on approval of the report,

(a) immediately, and in any event no later than January 31 of the school year in which the board receives the report, submit that report to the minister, and

(b) as soon as practicable, make the report available to the public.

Administrative directives

79.4 (1) The minister may, by order, issue an administrative directive to a board if the minister believes that

(a) the board is failing or has failed to meet its obligations under an achievement contract, or

(b) it is in the public interest to do so.

(2) A board that is subject to an administrative directive may exercise its powers under this or any other Act only in accordance with the terms and conditions of the administrative directive.

(3) During the period of time that a board is subject to an administrative directive, the board may be exempted from the application of one or both of the following:

(a) a regulation under this Act, by order of the Lieutenant Governor in Council;

(b) a ministerial order, by the administrative directive.

(4) Failure of a board to comply with an administrative directive is grounds for the appointment of an official trustee.

18 The following section is added:

District literacy plans

81.1 (1) A board must, on or before July 15 of a school year, establish and make available to the public a district literacy plan for the school year, setting out the plan for improving literacy in the school district.

(2) A district literacy plan must address any matters required by the minister.

(3) Before establishing a district literacy plan, a board must provide an opportunity to persons in the school district who have an interest in literacy to review and comment on its proposed district literacy plan.

19 Section 82 (3) is amended by striking out "and to the orders of the minister," and substituting ", section 82.4 and the orders of the minister,".

20 The following sections are added:

Specialty academies

82.1 (1) In this section:

"specialty academy" means an educational program that emphasizes a particular sport, activity or subject area and meets the prescribed criteria set out in the regulations;

"standard educational program" means an educational program described in section 82 (1) and (2.1), including

(a) an educational program provided in a language other than English under section 5 (2) or (3), and

(b) an educational program provided according to the terms of an individual education plan.

(2) A board may offer a specialty academy if

(a) the school planning council for the school where the board proposes to offer the specialty academy approves the specialty academy after consulting with the parents' advisory council for that school, and

(b) the board is of the opinion that there is sufficient demand for the specialty academy.

(3) A board that offers a specialty academy must

(a) make available sufficient instruction for students enrolled in the specialty academy to meet the general requirements for graduation, and

(b) continue to offer a standard educational program in the school district.

(4) Despite section 82, but subject to section 82.4, a board may charge a student enrolled in a specialty academy fees relating to the direct costs incurred by the board in providing the specialty academy that are in addition to the costs of providing a standard educational program.

(5) On or before July 1 of each school year, a board that offers a specialty academy must

(a) establish a schedule of fees to be charged under subsection (4), and

(b) make the schedule of fees available to the public.

(6) Before establishing a schedule of fees under subsection (5), a board must

(a) consult with the school planning council for the school where the specialty academy is offered, and

(b) obtain the approval of that school planning council for the schedule of fees.

Trades programs

82.2 (1) In this section, "trades program" means an educational activity that is designed to certify a student for a particular occupation, and includes an apprenticeship for students registered with the Industry Training Authority under the Industry Training Authority Act.

(2) Despite section 82, but subject to section 82.4, a board may do the following in relation to a student enrolled in an educational program that has a trades program component:

(a) charge fees for the purchase or rental of tools, equipment and materials necessary for the student's participation in the trades program;

(b) require the student to provide his or her own tools, equipment and materials necessary for the student's participation in the trades program.

Musical instruments

82.3 (1) Despite section 82, but subject to section 82.4, a board may do the following in relation to a student described in subsection (2) of this section:

(a) charge fees for the purchase or rental of a musical instrument for the student's personal use;

(b) require the student to provide his or her own musical instrument.

(2) Subsection (1) applies to a student participating in, as part of an educational program,

(a) a music class, course or program, or

(b) a fine arts class, course or program with a music component.

Requirement for financial hardship policy

82.4 Sections 82 (3), 82.1 (4), 82.2 and 82.3 apply only to a board that has established policies and procedures to facilitate participation by students of school age ordinarily resident in British Columbia who would otherwise be excluded from the course, class or program because of financial hardship.

21 Section 86 is amended by adding the following subsection:

(5) A board may operate an early learning program with the prior agreement of the minister.

22 Section 88 (2) is amended

(a) by striking out "board of school trustees" and substituting "board of education", and

(b) by striking out "school board" in both places and substituting "board of education".

23 Section 95 (2) (a) is amended by striking out "school board" and substituting "board".

24 Section 101 (3) is amended by striking out "school board" and substituting "board".

25 The heading to Division 2 of Part 8 is amended by striking out "School Board" and substituting "Board".

26 Section 150 (1) is amended by striking out "Board of School Trustees" and substituting "Board of Education".

27 Section 166.11 is amended by striking out "school board" in Column A opposite "francophone education authority" in Column B and substituting "board of education".

28 Section 166.12 is amended by adding the following subsection:

(2.1) A francophone education authority is responsible for the improvement of francophone student achievement in the francophone school district.

29 The following section is added:

Francophone literacy plan

166.211 (1) A francophone education authority must, on or before July 15 of a school year, establish and make available to the public a francophone literacy plan for the school year, setting out the plan for improving francophone literacy within the francophone school district.

(2) A francophone literacy plan must address any matters required by the minister.

(3) In preparing a francophone literacy plan, a francophone education authority must provide an opportunity to persons in the francophone school district who have an interest in francophone literacy to review and comment on its proposed francophone literacy plan.

30 Section 166.24 is amended

(a) in subsection (5) by striking out "school board" wherever it appears and substituting "board", and

(b) in subsection (6) by striking out "school board" in both places and substituting "board".

31 Section 166.25 (10) is amended by striking out "school board" in both places and substituting "board".

32 Section 166.26 is amended by striking out "and 11" and substituting ", 11 and 11.1 to 11.6".

33 Section 166.27 is amended

(a) by repealing subsection (2) (b) and substituting the following:

(b) is responsible

(i) to the francophone education authority, for improvement of student achievement in the francophone school district,

(ii) for the general organization, administration, supervision and evaluation of all francophone educational programs provided by the authority, and

(iii) for the operation of francophone schools in the francophone school district,

(b.1) must on or before December 15 of a school year prepare and submit to the francophone education authority a report on student achievement in the francophone education school district for the previous school year, and , and

(b) by adding the following subsection:

(2.1) A chief executive officer must promptly provide to a superintendent of achievement for the francophone school district any information or report requested by the superintendent of achievement.

34 Section 166.28 (2) (a) and (b) is amended by striking out "school board" and substituting "board of education".

35 Section 166.4 (1) is amended by striking out "79.1 and 85 (1)," and substituting "79.1, 81.1 and 85 (1),".

36 Section 166.431 (1) (a) is amended by striking out "accountability contract" and substituting "achievement contract".

37 Section 168 (2) is amended

(a) in paragraph (f) by striking out "and providing in them specialized types of education,",

(b) in paragraph (r) by striking out "accountability contracts" and substituting "achievement contracts", and

(c) by adding the following paragraph:

(s.2) establishing guidelines, practices and procedures for the purposes of sections 11.2 (2) and 11.4 (3), and .

38 Section 170.1 (2) is amended by adding the following paragraph:

(e) a child participating in an early learning program.

39 Section 171.1 (1) (a) is amended by striking out "accountability contract" and substituting "achievement contract".

40 Part 9 is amended by adding the following Division:

Division 2.2 -- Superintendents of Achievement

Appointment and duties of superintendent of achievement

171.4 (1) The minister may, by order, appoint one or more superintendents of achievement.

(2) The minister may assign a superintendent of achievement to one or more school districts or francophone school districts.

(3) A superintendent of achievement assigned to a school district or francophone school district

(a) must review

(i) student achievement and early learning programs in the school district or francophone school district, and

(ii) the district literacy plan or francophone district literacy plan, as the case may be, for the school district or francophone school district,

(b) may make recommendations for improvement of student achievement, early learning programs and literacy in the school district or francophone school district to the board or the francophone education authority, as the case may be,

(c) at the minister's request and on or before the date established by the minister, must submit to the minister a report on the superintendent of achievement's findings and recommendations for improvement of student achievement, early learning programs and literacy in the school district or francophone school district to which the superintendent of achievement is assigned, and

(d) perform other duties the minister may assign to the superintendent of achievement.

(4) A report under subsection (3) (c) must be in the form and contain the information required by the minister.

Powers of inspection

171.5 For the purposes of performing his or her duties under this Act, a superintendent of achievement may do one or more of the following:

(a) enter a school building or any other building, or any part of a building, used in conjunction with the school or offices of a board or francophone education authority;

(b) inspect any records of a board or francophone education authority and make copies of any of those records;

(c) interview students and employees of a board or francophone education authority;

(d) attend any meeting of a board or francophone education authority.

Responsibilities of board or francophone
education authority

171.6 A board or francophone education authority must

(a) assist and cooperate with a superintendent of achievement in the carrying out of the duties of the superintendent of achievement, and

(b) produce and permit inspection of the records required by a superintendent of achievement within the time specified by the superintendent of achievement.

41 Section 172 (1) is amended by striking out "or" at the end of paragraph (d), by adding "or" at the end of paragraph (e) and by adding the following paragraph:

(f) the board has failed to comply with an administrative directive issued by the minister under section 79.4.

42 Section 175 (2) is amended by adding the following paragraphs:

(r) establishing conditions and limits for the purposes of an appeal to a superintendent of achievement under section 11.1 (1);

(s) prescribing criteria for the purposes of the definition of "specialty academy" in section 82.1.

43 The Schedule is amended by striking out "Board of School Trustees" and substituting "Board of Education".

Consequential Amendments

44 The Acts listed in Column 1 of the Schedule to this Act are amended in the provisions listed opposite them in Column 2 by striking out "school board" wherever it appears and substituting "board of education" and by striking out "school boards" wherever it appears and substituting "boards of education".

 
Independent School Act

45 The preamble to the Independent School Act, R.S.B.C. 1996, c. 216, is amended

(a) in the first paragraph by striking out "become personally fulfilled" and substituting "become literate, personally fulfilled", and

(b) in the second paragraph by striking out "enable all learners to develop their individual potential" and substituting "enable all learners to become literate, to develop their individual potential".

 
Local Government Act

46 Section 937.4 (6) of the Local Government Act, R.S.B.C. 1996, c. 323, is amended

(a) by striking out "school board's resolution at" and substituting "resolution of the board of education at",

(b) in paragraph (a) by striking out "school board's resolution of" and substituting "resolution of the board of education respecting", and

(c) in paragraph (b) by striking out "school board's proposed school site requirements for the school district" and substituting "school site requirements for the school district proposed by the board of education".

47 Section 937.5 (1) is amended in the description of "A" by striking out "school board's eligible school site requirements;" and substituting "eligible school site requirements of the board of education;".

Transitional -- decisions on appeals

48 (1) A decision of a board or francophone education authority made before section 7 of this Act comes into force may not be appealed to a superintendent of achievement under section 11.1 of the School Act as enacted by this Act.

(2) Section 11 (6) of the School Act, as it read immediately before being amended by section 6 of this Act, continues to apply to a decision of a board made before section 7 of this Act comes into force.

Transitional -- early learning programs

49 A board that is operating an early learning program without the agreement of the minister at the time section 21 comes into force may continue to operate the early learning program for a period not to exceed 6 months following the date section 21 comes into force.

Commencement by regulation

50 This Act comes into force by regulation of the Lieutenant Governor in Council.

Schedule

(Section 44)