BILL 50 – 2003
SCHOOL AMENDMENT ACT, 2003

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

1 Section 8.1 of the School Act, R.S.B.C. 1996, c. 412, is amended

(a) in subsection (3) by adding the following paragraph:

(d) if the school enrolls students in grade 10, 11 or 12, one student of school age enrolled in one of those grades at the school, appointed annually by the principal of the school after consulting with the students enrolled in those grades at the school. , and

(b) in subsection (5) by striking out "or" at the end of paragraph (b), by adding ", or" at the end of paragraph (c) and by adding the following paragraph:

(d) the principal of the school does not appoint a student under subsection (3) (d).

2 Section 21 (2) is amended by striking out "If a teacher is appointed" and substituting "If a person is appointed".

3 Section 74.1 is amended

(a) by adding the following subsections:

(6.1) Despite subsection (6), a board may, subject to subsection (6.2), give priority to

(a) a catchment area child as if that child were a child described in subsection (6) (a) if, in the previous school year, the child attended a school from which the board reassigns students progressing through their educational program to the school at which the educational program is made available,

(b) a non-catchment area child or a non-school district child as if the child were a child described in subsection (6) (a) or (b) if the child, in the previous school year,

(i) attended the school at which the educational program is made available, or

(ii) attended a school from which the board reassigns students progressing through their educational program to the school at which the educational program is made available, and

(c) a sibling of a child described in subsection (6) (a) or paragraph (b) (i) of this subsection as if the sibling were a child described in subsection (6) (a) or (b) if the sibling does not attend school or attends a different school at the time the application under subsection (4) is made.

(6.2) The board must establish rules governing the exercise of its discretion under subsection (6.1) and must make those rules publicly available. , and

(b) by repealing subsection (8) and substituting the following:

(8) A board must establish rules for determining priority between 2 or more persons having the same priority under this section.

4 The following section is added:

Disposition of proceeds from a lease

100.1 Despite section 100, the board may allocate the money received in respect of a lease to a capital reserve or for operating expenses if the lease

(a) is for a term, including the cumulative total of all options and rights to extend or renew the lease, of not more than 5 years, and

(b) does not provide for an option or right to purchase.

5 Section 166.241 is amended

(a) in subsection (6) (a) by striking out "francophone program" and substituting "francophone educational program",

(b) by adding the following subsections:

(6.1) Despite subsection (6), a francophone education authority may, subject to subsection (6.2), give priority to

(a) a francophone catchment area child as if that child were a child described in subsection (6) (a) if, in the previous school year, the child attended a francophone school from which the francophone education authority reassigns francophone students progressing through their francophone educational program to the francophone school at which the francophone educational program is made available,

(b) a francophone non-catchment area child or a francophone non-school district child as if the child were a child described in subsection (6) (a) or (b) if the child, in the previous school year,

(i) attended the francophone school at which the francophone educational program is made available, or

(ii) attended a francophone school from which the board reassigns francophone students progressing through their francophone educational program to the francophone school at which the francophone educational program is made available, and

(c) a sibling of a child described in subsection (6) (a) or paragraph (b) (i) of this subsection as if the sibling were a child described in subsection (6) (a) or (b) if the sibling is an eligible child who does not attend francophone school or attends a different francophone school at the time the application under subsection (4) is made.

(6.2) The francophone education authority must establish rules governing the exercise of its discretion under subsection (6.1) and must make those rules publicly available. , and

(c) by repealing subsection (8) and substituting the following:

(8) A francophone education authority must establish rules for determining priority between 2 or more persons having the same priority under this section.

Transitional

6 Section 21 (2) of the School Act, as it is amended by section 2 of this Act, applies to a person who is employed as a principal, vice principal or director of instruction in a school district at the time section 2 of this Act comes into force, as if section 21 (2) of the School Act, as amended by section 2 of this Act, were in force at the time the person was appointed as a principal, vice principal or director of instruction in the school district.

Commencement

7 Section 1 comes into force on July 1, 2003.