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The Public Schools Amendment Act (4)

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If you need an official copy, contact Statutory Publications.

S.M. 1993, c. 24

The Public Schools Amendment Act (4)

(Assented to July 27, 1993)

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

C.C.S.M. c. P250

1           The Public Schools Act is amended by this Act.

2           Section 17 is repealed and the following is substituted:

Definitions

17(1)       In this section,

"area" means an area of a northern school division; (« région »)

"area advisory committee" means an area advisory committee established under this section for an area; (« comité consultatif régional »)

"area superintendent" means the person appointed as the superintendent of an area; (« surintendant régional »)

"chief superintendent" means the person appointed as the chief superintendent of the northern school division; (« surintendant en chef »)

"local school committee" means a local school committee established under this section for a ward; (« comité scolaire local »)

"northern school division" means a school division established under section 14; (« division scolaire du nord »)

"school board" means the school board of a northern school division; (« commission scolaire »)

"trustee" means a member of the school board; (« commissaire »)

"ward" means a ward of an area. (« quartier »)

Areas and wards

17(2)       The minister may, by regulation,

(a) divide a northern school division into areas;

(b) divide each area into wards;

(c) give to each area and each ward a name or numerical designation, or both, by which it shall be known.

Local school committees to be established

17(3)       The minister may, by regulation,

(a) establish a local school committee for each ward;

(b) give to each local school committee a name by which it shall be known;

(c) prescribe the number of members that each local school committee shall have;

(d) fix the term of office of each member of a local school committee, and the member shall hold office for the term so fixed and thereafter until a successor is elected.

Election of local school committees

17(4)       Except as otherwise provided in this section, the provisions of sections 22 and 23, subsection 25(5) and sections 26, 27 and 34 apply, with such modifications as the circumstances require, to local school committees and the members of local school committees and, without limiting the generality of the foregoing, to the nomination and election of those members, and for

that purpose every reference in those provisions to a school board or a trustee or school trustee shall be read as a reference to a local school committee or a member of a local school committee as the case may be.

Qualifications of local school committee members

17(5)       A person who has the qualifications set out in clauses 22(a), (b) and (d) and has been a resident of a particular ward for a period of at least six months as at the date of the election is qualified to be nominated and elected as a member of the local school committee established for that ward.

Functions of local school committees

17(6)       A local school committee for a ward shall advise the area superintendent and the principal of each school in the ward with respect to school matters arising in the ward, and shall encourage the involvement of residents of the ward in those matters and, without limiting the generality of the foregoing, shall with respect to that ward

(a) make recommendations respecting the hiring of principals, teachers and other school staff personnel;

(b) make recommendations respecting the need to evaluate the performance of any person employed by the school board;

(c) review and make recommendations respecting proposed capital construction projects, the proposed annual budget and monthly expenditures;

(d) review and make recommendations respecting changes in policies, procedures, programs and activities;

(e) review and make recommendations annually respecting the short and long term priorities for each school in the ward; and

(f) make recommendations respecting the transportation of students.

Area advisory committees to be established

17(7)       The minister may, by regulation,

(a) establish an area advisory committee for each area;

(b) give to each area advisory committee a name or numerical designation, or both, by which it shall be known;

(c) prescribe the number of members that each area advisory committee shall have;

(d) fix the term of office of each member of an area advisory committee, and the member shall hold office for the term so fixed and thereafter until a successor is elected.

Election of area advisory committees

17(8)       The members of each local school committee for a ward shall, within five days after their own election, elect one of their number as a member of the area advisory committee for the area in which the ward is located, and where an area has only one ward the members of the local school committee for the ward are the members of the area advisory committee for the area.

Vacancies on area advisory committees

17(9)       Where a vacancy occurs in the membership of an area advisory committee before the expiry of a term of office, the local school committee whose member occupied the vacated position shall, within 10 days after the vacancy occurs, elect another one of its members to fill the vacancy for the unexpired balance of the term and thereafter until a successor is elected.

Functions of area advisory committees

17(10)      An area advisory committee shall advise the area superintendent or the chief superintendent, as the case may be, with respect to school matters arising in the area, and shall encourage the involvement of residents of the area in those matters and, without limiting the generality of the foregoing, shall with respect to that area

(a) make recommendations respecting the hiring of the area superintendent, the area liaison officer and area support staff;

(b) make recommendations respecting the need to evaluate the performance of any person employed by the school board;

(c) review the proposed short and long term capital construction projects and make recommendations respecting their priority;

(d) review and make recommendations respecting the proposed annual budget and monthly expenditures;

(e) review and make recommendations respecting changes in policies, procedures, programs and activities; and

(f) review and make recommendations annually respecting the short and long term priorities for the area.

School board of northern school division

17(11)      Except as in this Act otherwise provided, the provisions of the Act applying to a school board or the trustees of a school board apply to the school board of a northern school division or the trustees of such a school board, as the case may be.

Election of school board

17(12)      The members of each area advisory committee of a northern school division shall, within 10 days after their own election, elect from among their number two persons as trustees of the school board of the school division, and the school board shall consist of the trustees so elected by all area advisory committees of the school division.

Vacancies on school board

17(13)      Where the position of a trustee becomes vacant before the expiry of his or her term of office, the area advisory committee that elected the trustee shall, within 20 days after the date when the vacancy occurs, elect another trustee from among its members to hold office for the unexpired balance of the term and thereafter until a successor is elected.

Validation of M.R. 118/91

3           The Frontier School Division No. 48 School Board Election Regulation, Manitoba Regulation 118/91, is declared to have been lawfully made, and every act or thing done under that regulation that would have been lawful if this section had been in force at that time is validated and declared to have been lawfully done.

Coming into force

4           This Act comes into force on the day it receives royal assent.