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The Preparing Students for Success Act (Various Acts Amended)

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S.M. 2011, c. 3

Bill 13, 5th Session, 39th Legislature

The Preparing Students for Success Act (Various Acts Amended)

(Assented to June 16, 2011)

WHEREAS all young people deserve a strong education system that provides them with the opportunity to achieve a good outcome and prepares them for a successful future, whether that is in the workplace, a training or apprenticeship program, or a college or university;

AND WHEREAS young people are better prepared to succeed if they remain engaged in school until they graduate or turn 18;

AND WHEREAS innovative programs and strong partnerships are needed to help keep students engaged in learning;

AND WHEREAS Manitoba's education system needs to recognize that young people have different learning styles, and that some of these learning styles can best be addressed outside the traditional classroom or through alternative programming;

AND WHEREAS consistent reporting on achievement and outcomes will give parents a better understanding of their child's progress and what is required to ensure success in their child's particular program of study;

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

PART 1

THE PUBLIC SCHOOLS ACT

C.C.S.M. c. P250 amended

1           The Public Schools Act is amended by this Part.

2           The following is added after section 1 and before Part I:

Interpretation: "compulsory school age"

1.1         For the purpose of this Act, an individual is a child of compulsory school age if he or she

(a) is, at the beginning of the fall term in a year,

(i) seven years of age or older, or

(ii) six years of age, but will turn seven on or before December 31 of that year; and

(b) is younger than 18 years of age.

3(1)        The following is added after clause 41(1)(k):

(k.1) identify pupils who are disengaged from school, or who are at risk of becoming disengaged, and establish policies and procedures to support them becoming

(i) re-engaged in school programming, or

(ii) engaged in activities or programs prescribed under section 262.2, in the case of pupils who are 15 years of age or older and who have significant difficulties in engaging in school programming;

(k.2) establish policies and procedures to assist pupils who have significant difficulties with attending school to regularly attend school;

3(2)        Clause 41(1)(r) is amended by adding "subject to any regulations made under The Education Administration Act," before "determine".

4           The following is added after section 55 and before the centred heading that follows it:

PRINCIPALS

Duties of principal

55.1(1)     The principal of a school, in consultation with parents or legal guardians and teachers and other specialists, as appropriate, is responsible for the assessment and promotion of pupils enrolled in the school.

Board policies — promotion of pupils

55.1(2)     In discharging his or her responsibilities under subsection (1), the principal must act in accordance with the policies of the school board.

Achievement to determine promotion of pupils

55.1(3)     A school board must not adopt a policy that requires a principal to promote a pupil regardless of whether the pupil has achieved the expected learning outcomes.

5           Section 96 is renumbered as subsection 96(1) and the following is added as subsection 96(2):

Form and content of reports

96(2)        The form and content of a report prepared under clause (1)(g) must comply with the standards prescribed by regulation under The Education Administration Act.

6           Section 173 is amended by adding the following after subsection (6):

Capital support for early learning and child care

173(7)      Capital support provided for

(a) a new school; or

(b) subject to the regulations, a school undergoing a major renovation;

must include support for an early learning or child care facility in that school or on adjacent school property.

7           Subsection 175(1) is amended by adding the following after clause (d):

(d.1) for the purpose of subsection 173(7), respecting circumstances under which capital support for an early learning or child care facility is not required for a school undergoing a major renovation;

8           Section 258 is repealed.

9           The following is added after section 259:

Requirement to attend school

259.1(1)    A child of compulsory school age shall attend school.

When attendance is excused

259.1(2)     Subsection (1) does not apply to a child described in clauses 262(a) to (j).

Offence if 16 years of age or older

259.1(3)    A child 16 years of age or older who is required to attend school under this section and who refuses to attend, or who is habitually absent from school, is guilty of an offence and is liable on summary conviction to a fine of not more than $200.

Application

259.1(4)    Subsection (3) applies only in respect of a child who has withdrawn from parental control.

10(1)       Subsection 260(1) is replaced with the following:

Responsibility to send child to school

260(1)      A parent or legal guardian of a child who is of compulsory school age must ensure that the child attends school.

10(2)       Subsection 260(2) is amended by striking out "Any" and substituting "Subject to section 262, any".

10(3)       Subsection 260(3) is amended

(a) in the section heading, by striking out "16" and substituting "18"; and

(b) in the English version, by adding "or she" after "he".

11          Subsections 260.1(1) and (2) are amended by striking out "the prescribed form" and substituting "a form approved by the minister".

12          Section 262 is amended

(a) in the part before clause (a), by striking out "liable to any of the penalties set out in this Act for failing or refusing to send his child to school as required under section 260 where" and substituting "guilty of an offence under subsection 260(2) for failing or refusing to ensure that his or her child attends school if";

(b) in the English version, by striking out "or" at the end of clauses (a) to (d);

(c) by adding the following after clause (a):

(a.1) in the case of a child who is 16 years of age or older, the child is enrolled in an adult learning centre registered under The Adult Learning Centres Act and is taking a program of study leading to a high school diploma;

(d) by repealing clause (e); and

(e) by adding the following at the end:

(f) the principal of the school has suspended the child from the school and the suspension is still in effect;

(g) the child has been expelled and has not been permitted to enrol in another school division;

(h) the child has received, or has completed the necessary requirements to receive, a graduation diploma or certificate of completion, as defined in the regulations made under subsection 259(2);

(i) the child is at least 15 years of age and is participating in an activity or program provided for in the regulations made under section 262.2;

(j) the child is absent or excused from school as authorized under this Act, a regulation made under this Act or another enactment; or

(k) the child is at least 16 years of age and has withdrawn from parental control.

13          The following is added after section 262:

Transition: persons who have already stopped attending school

262.1(1)    A person is deemed not to be a child of compulsory school age under section 1.1 if he or she, on the day this section comes into force,

(a) is 16 years of age or older; and

(b) has stopped attending school.

If person begins attending school again

262.1(2)    Subsection (1) ceases to have effect in respect of a person who has stopped attending school if he or she begins attending school again.

Regulations: participation in alternative activities and programs

262.2(1)    The minister may make regulations respecting activities and programs, including work training programs that provide educational benefits, in which a child who is at least 15 years old may participate instead of attending school.

Content of regulations

262.2(2)    Without limitation, a regulation made under subsection (1) may

(a) establish conditions under which and procedures by which children may participate in an activity or program;

(b) establish criteria or standards for the activities or programs, and procedures for determining whether the criteria or standards are satisfied;

(c) prescribe the monitoring and reporting on a child's participation in an activity or program, including governing how and to whom such reports are to be made.

Procedural matters

262.2(3)    In the case of a child who is 16 years of age or older who has withdrawn from parental control, a regulation under this section may provide that any right or responsibility given to or imposed on the child's parent or legal guardian is instead given to or imposed on the child.

14(1)       Subsection 266(2) is replaced with the following:

Principal to report absence

266(2)      In accordance with the regulations, a principal who receives a report of an absence under subsection (1) must, if satisfied that the child is in fact absent,

(a) report the absence to the child's parent or legal guardian; and

(b) inform them of their obligation to ensure that the child

(i) attends school, or

(ii) if the child is at least 15 years old, participates in an activity or program provided for in the regulations made under section 262.2.

14(2)       Subsection 266(3) is amended by striking out everything after "that the child" and substituting "is in fact absent, the principal must, in accordance with the regulations,

(a) report the absence to the child's parent or legal guardian; and

(b) inform them of their obligation to ensure that the child

(i) attends school, or

(ii) if the child is at least 15 years old, participates in an activity or program provided for in the regulations made under section 262.2."

14(3)        The following is added after subsection 266(3):

Report to local school attendance officer

266(4)      A principal must report a child's absence to the local school attendance officer if the principal is satisfied that

(a) the child continues to be absent from school after the child's parent or legal guardian has been informed of the absence; and

(b) the parent or guardian has had a reasonable opportunity to comply with their obligations under this Act.

Regulations: reporting absences

266(5)      The minister may make regulations

(a) respecting the principal's reporting a child's absence from school to the child's parent or legal guardian and the appropriate school attendance officer;

(b) respecting the manner and timing of reports referred to in clause (a), and the information they must contain.

15          Section 269 is amended by adding "of compulsory school age" after "children".

16          Schedule A is amended

(a) in the title, by striking out "AND TRAINING";

(b) by striking out "19" and substituting "20"; and

(c) in the English version, by adding "or she" after "he".

17          Schedule B is amended

(a) in the title, by striking out "AND TRAINING";

(b) by striking out "19" wherever it occurs and substituting "20";

(c) by striking out "The School Division Number" and substituting "The (name) School Division"; and

(d) by striking out "the School District of      Number" and substituting "The School District of (name)".

18          Schedule C is amended

(a) in the title, by striking out "AND TRAINING";

(b) by striking out "19" wherever it occurs and substituting "20"; and

(c) by replacing clauses (a) and (b) with the following:

(a) The (name) School Division; or

(b) The School District of (name);

19          Form 1 of Schedule D is amended

(a) by striking out "Number" wherever it occurs;

(b) by striking out "19" wherever it occurs and substituting "20"; and

(c) in item 4, by striking out "as defined in The Local Authorities Election Act".

PART 2

THE EDUCATION ADMINISTRATION ACT

C.C.S.M. c. E10 amended

20          The Education Administration Act is amended by this Part.

21(1)       The following is added after clause 4(1)(h):

(h.1) respecting the scheduling of non-instructional days for teachers by school divisions and school districts;

21(2)       The following is added after clause 4(1)(r.8):

(r.9) prescribing standards for the form and content of reporting by schools to parents or legal guardians on their child's progress and achievements;

PART 3

THE PUBLIC SCHOOLS FINANCE BOARD ACT

C.C.S.M. c. P260 amended

22          The Public Schools Finance Board Act is amended by this Part.

23          Subsection 8(2) is amended by adding the following after clause (k):

(l) subject to subsection 173(7) of The Public Schools Act and any regulations made for the purpose of that subsection, the need for early learning or child care facilities in a new or renovated school, including the construction of a stand-alone building for early learning or child care on school property.

24(1)       Subsection 8.3(2) is amended by adding the following after clause (c):

(c.1) space and licensing requirements for an early learning or child care facility;

24(2)       Subsection 8.3(5) is amended by adding ", early learning or child care," after "for instructional purposes".

PART 4

CONSEQUENTIAL AMENDMENTS AND COMING INTO FORCE

Consequential amendment, C.C.S.M. c. S230

25          Subsection 6(4) of The Summary Convictions Act is amended by striking out "or" at the end of clause (b), adding "or" at the end of clause (c) and adding the following after clause (c):

(d) an offence under subsection 259.1(3) (failing to attend school) of The Public Schools Act.

Coming into force

26          This Act comes into force on a day to be fixed by proclamation.