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School Act

[RSBC 1996] CHAPTER 412

Part 3 — School Personnel

Division 1 — General

Employees

15  (1) A board may employ and is responsible for the management of those persons that the board considers necessary for the conduct of its operation.

(2) A board must formulate policies for evaluating employees who are not covered by a collective agreement.

(3) Subject to subsections (4) and (5), a board must not dismiss, suspend or otherwise discipline an employee covered by a collective agreement except for just and reasonable cause.

(4) A board may suspend from the performance of his or her duties an employee who is charged with an offence that the board considers renders the employee unsuitable to perform those duties.

(5) If the superintendent of schools is of the opinion that the welfare of the students is threatened by the presence of an employee, the superintendent may suspend the employee, with pay, from the performance of his or her duties.

(6) When the superintendent suspends an employee under subsection (5), the superintendent must immediately notify the board.

(7) When the board is notified under subsection (6), it must as soon as practicable confirm, vary or revoke the suspension and must, if the board confirms and continues the suspension, determine whether the continuation of the suspension should be with or without pay.

Report of dismissal, suspension and discipline regarding authorized persons

16  (1) In this section, "authorized person" means a certificate holder or a person holding a letter of permission issued under the Teachers Act, but does not include a superintendent.

(2) If a superintendent of schools suspends an authorized person, the superintendent must without delay send to the commissioner a report regarding the suspension.

(3) If a board

(a) suspends or dismisses an authorized person, or

(b) disciplines an authorized person for misconduct that involves

(i)   physical harm to a student or minor,

(ii)   sexual abuse or sexual exploitation of a student or minor, or

(iii)   significant emotional harm to a student or minor,

the board must without delay notify the superintendent of schools of the suspension, dismissal or disciplinary action, and the superintendent must without delay send to commissioner a report regarding the suspension, dismissal or disciplinary action.

(4) A report referred to in subsection (2) or (3) must

(a) be in writing,

(b) be signed by the superintendent of schools, and

(c) include reasons for the action taken by the board or superintendent.

(5) The superintendent of schools must send a copy of a report referred to in subsection (2) or (3) to the authorized person who is suspended, dismissed or disciplined.

(6) If the superintendent of schools considers any conduct by, or the competence of, an authorized person to be in breach of the certification standards, the superintendent must send to the commissioner a report, in writing, regarding that conduct or competence if it is in the public interest to do so.

(7) The superintendent of schools must send a copy of the report referred to in subsection (6) to the authorized person whose conduct or competence is the subject of that report.

(8) If an authorized person resigns, the superintendent of schools must

(a) report, without delay, the circumstances of the resignation to the commissioner if it is in the public interest to report the matter, and

(b) send to the authorized person who resigned a copy of the report.

(9) A superintendent of schools who has made a report to the commissioner under this section in respect of an authorized person must, without delay after being requested to do so by the commissioner,

(a) provide the commissioner all of the records available to the superintendent that relate to the matter in respect of which the report was made, and

(b) send to the authorized person a copy of the records referred to in paragraph (a).

(10) A superintendent of schools who fails to report as required under subsection (2), (3) or (8) commits an offence.

Report of dismissal, suspension and discipline regarding superintendents

16.1  (1) If a board

(a) suspends or dismisses a superintendent of schools, or

(b) disciplines a superintendent of schools for conduct referred to in section 16 (3) (b),

the board must without delay send to the commissioner a report regarding the suspension, dismissal or disciplinary action.

(2) The report referred to in subsection (1) must

(a) be in writing,

(b) be signed by the chair of the board, and

(c) include reasons for the action taken by the board.

(3) The board must send to the superintendent of schools a copy of the report referred to in subsection (1).

(4) If the board considers any conduct by, or the competence of, a superintendent of schools to be in breach of the certification standards, the board must send to the commissioner a report, in writing, regarding that conduct or competence if it is in the public interest to do so.

(5) The board must send to the superintendent of schools a copy of the report sent to the commissioner under subsection (4).

(6) If a superintendent of schools resigns, the board must

(a) report, without delay, the circumstances of the resignation to the commissioner if it is in the public interest to do so, and

(b) send to the superintendent a copy of the report.

(7) A board that has made a report to the commissioner under this section in respect of a superintendent of schools must, without delay after being requested to do so by the commissioner,

(a) provide the commissioner all of the records available to the board that relate to the matter in respect of which the report was made, and

(b) send to the superintendent a copy of the records referred to in paragraph (a).

Teachers' responsibilities

17  (1) A teacher's responsibilities include designing, supervising and assessing educational programs and instructing, assessing and evaluating individual students and groups of students.

(2) Teachers must perform the duties set out in the regulations.

Teachers' assistants

18  (1) A board may employ persons other than teachers to assist teachers in carrying out their responsibilities and duties under this Act.

(2) Persons employed under subsection (1) must work under the general supervision of a teacher, principal, vice principal or director of instruction.

Employee  qualifications

19  (1) Subject to subsection (2), a board must not employ a person as a teacher, principal, vice principal, director of instruction, superintendent of schools or assistant superintendent of schools unless that person

(a) holds a certificate of qualification as a teacher, or

(b) holds a letter of permission to teach issued under the Teachers Act.

(2) A board may employ a person who possesses qualifications approved by the board, but does not meet the requirements of subsection (1), if that person is

(a) employed for 20 or fewer consecutive teaching days and teaching a particular class or classes where no teacher holding a certificate of qualification is available, or

(b) instructing a general interest course that is not leading to school graduation.

Principal, vice principal and director of instruction

20  (1) A board may appoint a person as a principal, vice principal or director of instruction to perform the duties and have the powers set out in the regulations.

(2) A principal, vice principal or director of instruction is not an employee within the meaning of the Labour Relations Code.

(3) A principal, vice principal or director of instruction who is responsible for evaluating a teacher in a specialized assignment may

(a) consult with a resource person who has relevant specialized technical knowledge, and

(b) use information obtained from the consultation in the evaluation.

Offer of teaching position and seniority

21  (1) When a board of a school district

(a) does not intend to renew the contract of a principal, vice principal or director of instruction in the school district, or

(b) intends to dismiss a principal, vice principal or director of instruction other than for cause,

the board must offer the principal, vice principal or director of instruction a teaching position in the school district before the expiry of the contract or the effective date of the dismissal.

(2) If a person is appointed as a principal, vice principal or director of instruction in a school district and is subsequently offered a teaching position in that school district, he or she is, for the purposes of seniority only, deemed to have been a teacher in that school district both during the period that he or she was employed as a principal, vice principal or director of instruction and during the period that he or she was employed as a teacher in that school district.

Superintendent of schools

22  (1) A board must appoint a superintendent of schools for the school district who, under the general direction of the board,

(a) has general supervision and direction over the educational staff employed by the board of that school district,

(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

(c) must perform other duties set out in the regulations.

(2) A board may appoint one or more assistant superintendents of schools to perform those duties assigned by the superintendent of schools for that school district.

(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.

Secretary treasurer

23  (1) A board must

(a) appoint a secretary treasurer of the board, and

(b) arrange for the bonding of the secretary treasurer in an amount the board considers adequate.

(2) The secretary treasurer of a board is its corporate financial officer and must perform those duties set out in the regulations.

Notification of appointment

24  A board must promptly notify the minister of an appointment or the termination of an appointment of a superintendent of schools or secretary treasurer.

Act prevails

25  Powers or duties assigned to a person by a board do not abridge or impair the powers or duties assigned to the person under this Act.

Powers to suspend

26  A principal, vice principal or director of instruction of a school or the superintendent of schools may suspend a student of the school if

(a) the rules made under section 85 (2) (c) by the board operating the school do not provide otherwise, and

(b) the suspension is carried out in accordance with those rules.

Board use of volunteers

26.1  (1) A board must not use a volunteer to provide services that would result in the displacement of an employee.

(2) A provision of a collective agreement between a board and employees, including a teachers' collective agreement, that limits the use of volunteers in a manner other than as described in subsection (1) is void.

Division 2 — Teachers' Collective Agreements

Terms and conditions of teachers' employment and restricted scope of bargaining

27  (1) Despite any agreement to the contrary, the terms and conditions of a contract of employment between a board and a teacher are

(a) the provisions of this Act and the regulations,

(b) the terms and conditions, not inconsistent with this Act and the regulations, of a teachers' collective agreement, and

(c) the terms and conditions, not inconsistent with paragraphs (a) and (b), agreed between the board and the teacher.

(2) A provision of an agreement referred to in subsection (1) (b) excluding or purporting to exclude the provisions of this Act or the regulations is void.

(3) There must not be included in a teachers' collective agreement any provision

(a) regulating the selection and appointment of teachers under this Act, the courses of study, the program of studies or the professional methods and techniques employed by a teacher,

(b) restricting or regulating the assignment by a board of teaching duties to principals, vice principals or directors of instruction,

(c) limiting a board's power to employ persons other than teachers to assist teachers in the carrying out of their responsibilities under this Act.

(d) to (j) [Repealed RS1996-412-27(7).]

(4) Subsection (3) does not prevent a teachers' collective agreement from containing a provision respecting hiring preferences for teachers who have previously been employed by the board.

(5) A provision of a teachers' collective agreement that conflicts or is inconsistent with subsection (3) is void to the extent of the conflict or inconsistency.

(6) A provision of a teachers' collective agreement that

(a) requires the employers' association to negotiate with the Provincial union, as defined in the Public Education Labour Relations Act, to replace provisions of the agreement that are void as a result of subsection (5), or

(b) authorizes or requires the Labour Relations Board, an arbitrator or any person to replace, amend or modify provisions of the agreement that are void as a result of subsection (5),

is void to the extent that the provision relates to a matter described in subsection (3).

(7) Subsection (3) (d) to (j) is repealed on June 30, 2013.

Repealed

27.1    [Repealed 2004-16-3.]

Scope of bargaining

28  (1) The Provincial union, as defined in the Public Education Labour Relations Act, may, on matters in respect of which a board has been given power or discretion under this Act, enter into a collective agreement containing provisions respecting

(a) the manner in which the power or the discretion may be exercised, and

(b) the consequences that flow from the exercise of the power or discretion.

(2) Despite subsection (1), if this Act or the regulations contain provisions that limit or restrict any matter described in subsection (1) (a) or (b), those provisions prevail over the collective agreement in the event of a conflict.

(3) For certainty and despite any decision of a court to the contrary made before or after the coming into force of this subsection, nothing in this section is to be construed as authorizing a board or the Provincial union to enter into a collective agreement that includes a provision that is prohibited under section 27 (3) or void under section 27 (2), (5) or (6).

Application of the Labour Relations Code

29  If there is a conflict between the Labour Relations Code or the application of the Labour Relations Code to teachers and this Act, this Act prevails, but nothing in this Act limits

(a) the right of the Provincial union, as defined in the Public Education Labour Relations Act, to declare or authorize a strike, or

(b) the right of the employers' association to declare or authorize a lockout,

subject always to the provisions of the Labour Relations Code.

Contents  |  1  |  2  |  3  |  4  |  5  |  6  |  6.1  |  7  |  8  |  8.1  |  9  |  Schedule