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This version was current from March 15, 2016 to June 1, 2017.
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C.C.S.M. c. E10
The Education Administration Act
|Table of Contents|
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:
In this Act,
"board" means The Advisory Board established under this Act; (« Conseil »)
"department" means the department or branch of the Executive Government of the province designated by the Lieutenant Governor in Council for the purposes of this Act; (« ministère »)
"field representative" means a member of the staff of the department charged with responsibilities as set out in this Act and The Public Schools Act; (« représentant régional »)
"learning resource centre" means the Manitoba Learning Resource Centre continued under section 9; (« Centre »)
"minister" means the member of the Executive Council charged by the Lieutenant Governor in Council with the administration of this Act; (« ministre »)
"private school" means any school, other than a public school, which provides a curriculum and a standard of education equivalent to that provided by the public schools, but does not include any home or place to which clause 262(b) of The Public Schools Act applies; (« école privée »)
"public school" means an institution for education purposes established and maintained under this Act or The Public Schools Act; (« école publique »)
"school board" means the board of trustees of a school division or school district; (« commission scolaire »)
"support" means support as defined in The Public Schools Act; (« aide »)
"teacher education institution" means an institution for the education of persons for certification as teachers. (« institution de formation pédagogique »)
The minister is responsible for the supervision, control and direction of all public schools and of all other schools established pursuant to this Act.
The minister may
(a) establish and operate or provide for the establishment and operation of technical, vocational, agricultural, summer, residential or any other schools;
(b) provide advice to school boards with respect to the dimensions, equipment, style, plans, furnishing, decoration, heating and ventilation of school buildings and for the arrangement and requisites of school premises;
(c) approve courses of study, including correspondence and other courses;
(c.1) establish courses of study, including setting the amount of instruction time, and authorize programs and instructional materials for use in public or private schools;
(d) approve text books to be used;
(e) at his discretion or upon request of the authority in control of a private school, inquire into the qualifications of the teachers of, and the standard of education provided by, the private school and into any matter relating to the welfare of pupils enrolled at the private school;
(f) purchase books for school library purposes, school supplies, furniture, equipment and instructional materials and sell them to school boards, teachers, pupils or other persons;
(g) arrange for the printing and publishing of text books and other instructional materials for use in the public schools;
(h) enter into agreements with any person, corporation or government, respecting any educational matter;
(i) order a public school to be closed in an emergency or where he deems it in the best interest of the community in which the school is located and cancel the order where the emergency no longer exists;
(j) [repealed] S.M. 2004, c. 42, s. 23;
(k) purchase text books and make arrangements with school boards for free distribution thereof to pupils;
(l) purchase school buses and sell or give them to school boards, subject to such terms and conditions as the minister deems advisable;
(m) release information relating to pupil achievement and the effectiveness of programs in public or private schools;
(n) assign a Manitoba education number to the following:
(i) a pupil who is enrolled or who seeks to be enrolled in a public or private school,
(ii) a pupil who is enrolled in a school operated by a First Nation, if the school is approved by the minister,
(iii) a pupil who is home schooled or who is enrolled in correspondence courses offered by the department,
(iv) a child for whom specific preparations are being made to provide appropriate educational programming,
(v) a person who is in a prescribed class of persons.
Programs taken by persons in teacher education institutions for the purpose of teacher certification, shall be subject to the approval of the minister.
In this section, "educational institution" means a school division, a school district, a private school or other educational organization.
The minister may enter into a licensing agreement with any person, authorizing any educational institution designated by the minister under subsection (4) to copy, for educational purposes and on terms and conditions set out in the agreement, works protected by copyright and specified in the agreement.
An agreement under subsection (2) may require the minister to pay a fee for the authorization to copy works granted by the agreement and may specify the amount of the fee and the time and manner of payment, and the minister shall pay any fee so required in accordance with the agreement and out of the fees deducted under subsection (4).
The minister may make regulations
(a) designating educational institutions for the purpose of subsection (2);
(b) respecting terms and conditions that educational institutions must comply with in copying works pursuant to an agreement under subsection (2);
(c) requiring educational institutions to pay fees for the authorization to copy works pursuant to an agreement under subsection (2) and respecting the amount of those fees.
The minister shall deduct the amount of fees required to be paid by educational institutions under subsection (4) from any support or grant payable to educational institutions under this Act or The Adult Learning Centres Act, and shall use the fees for the purposes of subsection (3).
The following definitions apply in this section:
"personal health information" means personal health information as defined in The Personal Health Information Act, but only in respect of any disability or illness that an individual may have. (« renseignements médicaux personnels »)
"personal information" means personal information as defined in The Freedom of Information and Protection of Privacy Act, and includes a Manitoba education number assigned to a pupil or person. (« renseignements personnels »)
For the purposes set out in subsection (3), the minister may request that the following provide, or collect on behalf of the minister and provide, personal information and personal health information:
(a) a school board, in respect of a pupil who is or may become enrolled in a public school;
(b) a private school, in respect of a pupil who is or may become enrolled in the private school;
(c) a school board or private school, in respect of a child for whom the board or school is making specific preparations to provide appropriate education;
(d) if approved by the minister and subject to the agreement of the First Nation, the operator of a First Nation's school, in respect of a pupil who is enrolled in the school;
(e) a prescribed person, entity or government department or agency, in respect of a person within a prescribed class of persons.
The minister may request information under subsection (2) only if the personal information and personal health information requested is necessary to
(a) assign or verify a Manitoba education number;
(b) determine enrolment;
(c) determine and administer funding, including eligibility to receive funding;
(d) research and evaluate the effectiveness of programs, courses and curriculum delivered by school boards and private schools;
(e) develop, administer, monitor and evaluate government programming respecting education;
(f) administer provincial assessments, award credits and issue transcripts, graduation diplomas and certificates of completion;
(g) conduct research and analysis relating participation, attrition and completion, and transitions to employment, post-secondary education and adult learning;
(h) exercise a power, carry out a duty or perform a function of the minister or the department under this Act or The Public Schools Act or a regulation under those Acts.
Under this section, the minister must
(a) not request or collect personal information or personal health information if other information will serve the purpose; and
(b) limit the amount of information requested and collected to the minimum amount necessary to accomplish the purpose.
A school board, private school or prescribed person, entity or government department or agency that receives a request under this section must provide the minister with the information requested, in the form and within the time specified by the minister.
Nothing in this section limits the authority of the minister to collect, use and disclose personal information and personal health information if authorized or required to do so by law, including The Freedom of Information and Protection of Privacy Act or The Personal Health Information Act.
The minister must protect all information, including personal information and personal health information, collected under this section by adopting reasonable administrative, technical and physical safeguards that ensure the confidentiality, security, accuracy and integrity of the information.
In determining the reasonableness of security safeguards adopted pursuant to subsection (7), the degree of sensitivity of the information to be protected must be taken into account.
For the purpose of carrying out the provisions of this Act according to their intent, the minister may make such regulations and orders as are ancillary thereto and are not inconsistent therewith; and every regulation or order made under, and in accordance with the authority granted by, this section has the force of law; and without restricting the generality of the foregoing the minister may make regulations
(a) respecting the duties of teachers and of principals;
(b) prescribing the classification, organization, discipline and government of the public schools of the province;
(b.1) respecting the establishment of parent advisory councils and parent councils for schools, including their formation, composition and mandate;
(c) prescribing the minimum standard of academic and professional education acceptable for the certification of teachers in the province;
(d) respecting the suspension of pupils, including
(i) authorizing a teacher to suspend a pupil from a classroom,
(ii) authorizing a principal, a teacher acting as a principal and the superintendent of schools to suspend a pupil from school,
(iii) providing for the circumstances under which pupils may be suspended, the periods of suspension that may be imposed, and for any other matter related to suspensions;
(e) governing the operation of technical, vocational, agricultural, summer, residential and other schools and designating the qualifications of persons to be admitted as pupils therein, and the fees and charges, if any, to be paid by the pupils;
(f) prescribing the grants or support that shall be payable or provided for the purposes of public schools out of moneys authorized by an Act of the Legislature to be paid and applied for education grants as set out in the annual estimates of the province;
(g) respecting correspondence courses offered by the department;
(h) respecting qualifications of teachers
(i) who may be employed in teacher education institutions operated by the department, public and summer schools and any other schools established pursuant to this Act, or
(ii) who may be eligible for appointment as principals of elementary or secondary schools or any position involving educational administration or supervision;
(h.1) respecting the scheduling of non-instructional days for teachers by school divisions and school districts;
(i) respecting the rules of procedure of the Certificate Review Committee;
(j) authorizing the granting, from and out of the Consolidated Fund with moneys authorized by an Act of the Legislature to be paid and applied for the purposes of the educational grants or support, of scholarships or bursaries or loans to persons specified in the regulations or to institutions to be used and applied for and on behalf of persons specified in the regulations;
(k) stating the conditions, if any, under which scholarships or bursaries or loans may be subject;
(l) respecting the form and contents of any agreements to be entered into by the recipient of a scholarship or bursary or loan;
(m) prescribing fees to be paid and the time or manner in which they shall be paid for services rendered by the minister or department or in respect of which, in the opinion of the minister, a fee should be charged;
(n) respecting the operation and business of the learning resource centre;
(o) prescribing the records to be maintained by a school board;
(o.1) respecting the framework of a school board's anaphylaxis policy, and requirements to be contained in it;
(p) respecting steps to be taken and things to be done with respect to schools in the event of emergencies;
(p.1) respecting the establishment of a committee at each school to advise the principal in developing policies and practices respecting a code of conduct and emergency response plan for the school, and respecting the composition of those committees;
(p.2) respecting the conduct of pupils and staff in schools, including requirements to be contained in a school's code of conduct and emergency response plan in addition to those mentioned in section 47.1 of The Public Schools Act;
(p.3) respecting any other matter related to furthering positive and safe school environments;
(q) for the purposes of licensing and regulating academic correspondence schools operating in the province;
(r) prescribing the standard to be attained by pupils on entering or leaving any grade or level in any public school or private school;
(r.1) prescribing methods and procedures for the assessment and evaluation of any aspect of pupil achievement;
(r.2) prescribing methods and procedures for the assessment of the effectiveness of courses of study and programs;
(r.3) respecting information that school boards are required to provide to the minister, the times and form and manner in which it is to be provided;
(r.4) respecting information concerning pupil achievement that school boards are required to release to the public, and procedures governing the release of the information;
(r.5) respecting the matters which must be included in annual school plans;
(r.6) for the purposes of subsection 41(12) of The Public Schools Act, the matters which must be included in an auditor's supplementary report;
(r.7) prescribing a class or classes of persons for the purpose of subclause 3(1)(n)(v);
(r.8) prescribing persons, entities or government departments or agencies for the purpose of clause 3.2(2)(e);
(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;
(s) [repealed] S.M. 2004, c. 42, s. 23;
(t) respecting the certification of clinicians;
(u) prescribing the qualifications required by persons to be certified as clinicians;
(v) establishing classes of clinicians;
(v.1) respecting the disposal of land or a building, including a school site, that a school board owns or in which it has an interest or right, including regulations
(i) prescribing the process to be followed by the school board in disposing of it, and
(ii) requiring that priority be given to prescribed persons or organizations who might wish to acquire it;
(w) respecting such other matters ancillary to the certification of clinicians as he may deem necessary;
(x) generally respecting all matters having to do with education.
A person certified as a clinician is deemed to be a teacher for all purposes of this Act, The Public Schools Act, The Teachers' Pensions Act, and The Manitoba Teachers' Society Act, but does not have the right or obligation to teach pupils in a classroom.
A regulation made under this Act or The Public Schools Act respecting grants or support payable or to be provided may be made effective retroactively; but in no case shall it be retroactive to a date prior to January 1 in the year immediately preceding the year in which the regulation is made.
S.M. 1989-90, c. 50, s. 3; S.M. 1991-92, c. 19, s. 4; S.M. 1995, c. 9, s. 2; S.M. 1996, c. 39, s. 3; S.M. 2004, c. 15, s. 20; S.M. 2004, c. 24, s. 2; S.M. 2004, c. 42, s. 23; S.M. 2008, c. 46, s. 2; S.M. 2010, c. 27, Sch. C, s. 4; S.M. 2010, c. 33, s. 14; S.M. 2011, c. 3, s. 21; S.M. 2013, c. 31, s. 2; S.M. 2013, c. 39, Sch. A, s. 47; S.M. 2015, c. 43, s. 12; S.M. 2016, c. 4, s. 25.
For school divisions and school districts other than the francophone school division, the Manitoba Association of Parent Councils, Inc. ("MAPC") is recognized as the representative of school-based parent groups, including parent advisory councils and parent councils.
The minister must meet with MAPC at least once every 12 months.
The minister may refer to MAPC a matter relating to parent involvement in schools. MAPC is to consider the matter and report to the minister its findings or recommendations.
The minister shall appoint a Certificate Review Committee (hereinafter referred to as the "review committee") comprised of
(a) three persons nominated by The Manitoba Teachers' Society;
(b) three persons nominated by The Manitoba Association of School Trustees;
(c) two persons nominated by The Manitoba Association of School Superintendents; and
(d) two from the department,
for such term as the minister may fix and thereafter until their successors are appointed.
Each of the organizations mentioned in clauses (1)(a), (b) and (c) shall nominate an additional person who shall be appointed by the minister to the review committee as an alternate member to act in place of the appointed representative where the appointed representative for any cause is unable to act.
The minister shall appoint one of the members of the review committee as chairman thereof, and shall appoint a person from the department to act as secretary who is not a member of the committee.
Five of the members appointed under subsection (1) constitute a quorum.
In all cases in which a teacher's certificate has been suspended by the minister or by a field representative, the minister shall forthwith refer the matter to the review committee.
The minister in his discretion may refer to the review committee for investigation and report any case in which a teacher's certificate is to be reviewed for any cause which the minister deems sufficient.
Where pursuant to subsection (5) or (6) a case has been referred to the review committee the review committee shall, in writing, within seven days from the date of the referral by the minister notify the teacher concerned of the time, date and place of a hearing which subject to subsections (8) and (9) shall be not sooner than 14 days or later than 28 days from the date of the notification.
Where an earlier date is mutually agreed upon by the teacher and the review committee the hearing may be held on that date.
Where a teacher agrees that the review committee may hold the hearing at a date later than that set out in subsection (7), the review committee may hold the hearing at such later date as is mutually agreed upon by the teacher and the review committee.
Where the review committee holds a hearing for the purposes of subsection (5) or (6), the review committee shall within 14 days after completion of the hearing, submit a written report thereon to the minister.
The report of a majority of the members of the review committee present at a hearing thereof shall be deemed to be the report of the review committee; but nothing herein prevents dissenting members from submitting a minority report.
The report of the review committee shall include recommendations as to what action, if any, is to be taken in respect of the matters that are the subject of the investigation and hearing.
The members of the review committee, for the purpose of carrying out an investigation of any matter referred to the review committee, have all the powers and protection of commissioners appointed under Part V of The Manitoba Evidence Act.
Where under this section a teacher's certificate is to be reviewed, the teacher has the right to be notified of the time, date and place of the review to be held by the review committee and to be present and to be represented by counsel.
The minister may issue teachers' certificates of such grades or classes, and in such form and for such period as he prescribes, and may cancel or suspend a certificate issued to a teacher for any cause that he deems sufficient.
The minister, upon cancelling or suspending the certificate of a teacher under subsection (1), shall forthwith provide the teacher with written reasons for the cancellation or suspension.
A field representative may suspend the certificate of any teacher for incompetency, misconduct or violation of this Act or The Public Schools Act or of any regulation made under The Public Schools Act or this Act.
Where a field representative suspends the certificate of a teacher, he shall forthwith in writing notify the minister, the school board concerned and the teacher, giving his reasons for the suspension.
The minister may grant to any person a limited teaching permit, in which the minister shall name the subject or subjects and the grade or grades or the level or levels, and the school to which the permit applies and state the period during which the permit is valid.
The minister may, in his absolute discretion, cancel any limited teaching permit before the end of the period stated therein.
The minister may establish procedures for evaluating education in, or any other aspect of the operation of public and private schools and, at his discretion, conduct or cause the evaluation to be conducted.
The minister may delegate any or all of his powers and responsibilities under subsection (1) to a committee appointed by him or to any one or more members of the department or to any other person.
MANITOBA LEARNING RESOURCE CENTRE
The Manitoba Text Book Bureau is continued as the Manitoba Learning Resource Centre, and The Manitoba Text Book Bureau Account is continued as a separate account within the Consolidated Fund under the name "Manitoba Learning Resource Centre Account".
Upon requisition of the minister, the Minister of Finance may advance out of the Consolidated Fund to the Manitoba Learning Resource Centre Account such sums of money as may be required to be used as working capital to pay for
(a) the printing and publishing or purchasing of text books and other instructional materials;
(b) library books;
(c) all other instructional materials;
(d) furniture, equipment and other supplies and materials;
(e) supplies for repair of books and instructional materials;
(f) the cost of repair services to books and to other instructional materials when requisitioned by a school board;
(g) such other items as are designated in the regulations;
(h) all charges, expenses and costs which may be incurred in connection with or incidental to the purchases as mentioned in clauses (a) to (g).
The Manitoba Learning Resource Centre Account and all moneys to the credit thereof shall be set up in the Consolidated Fund, and all moneys to the credit thereof constitute the working capital of the learning resource centre.
The minister may arrange for the provision of text books, books for school library purposes, school supplies, furniture, equipment and other supplies and materials, at a price sufficient to cover the cost thereof; and the moneys received as the result thereof shall be remitted to the Minister of Finance as promptly as practicable and credited to the Manitoba Learning Resource Centre Account.
A school board may in the manner and subject to the conditions set out in the regulations, requisition as it may require from the learning resource centre, such text books, books for school libraries, instructional materials and supplies, materials for the repair of text books and supplies, and services as designated by the minister.
Subject to subsection (7) and upon request of a private school that is situated within the school division or school district, as the case may be, for and on behalf of the pupils attending the private school, a school board shall requisition from the learning resource centre such approved text books, library books, other instructional materials, materials for the repair of books and of other instructional materials, and services as designated by the minister, in regular use in public schools in the province as may be required by the pupils attending the private school; and, with the approval of the minister, any grant or support payable or to be provided to, or in respect of, the school division or school district under The Public Schools Act, may be applied in whole or in part towards payment for the instructional materials so requisitioned; and the moneys so applied shall be paid to the Manitoba Learning Resource Centre Account.
Where, in any year, a school board has requisitioned supplies and materials for a private school as set out in subsection (6) and the cost of the supplies and materials exceeds any grants or support which may be earned by or provided to the school division or school district in respect of the pupils enrolled in the private school, the private school shall pay to the school division or school district, promptly upon receipt from the school division or school district of a statement setting out the calculation and details thereof, the amount by which the cost exceeds the grants or support referred to in subsection (6); and the school division or school district shall not be required to requisition any additional supplies and materials for the private school until the excess cost is paid by the private school.
In computing the price at which text books, books for library purposes, school supplies, furniture, equipment and other supplies and materials may be provided or supplied by the learning resource centre, the minister shall take into account such reasonable operational costs of the learning resource centre as the minister may determine and include any margin which may be required to provide for a reserve of working capital.
The advances authorized under subsection (2) shall not exceed at any one time, $2,000,000. or such amount as may, from time to time, be approved by the Lieutenant Governor in Council.
On or before June 1 in each year the minister shall cause to be prepared and submitted to the Auditor General for certification, a financial report including, but not be limited to, a statement of assets and liabilities as at the end of the immediately preceding fiscal year and a statement of the financial operations of the learning resource centre during that year.
The statements, as certified, shall be included in the Public Accounts for the fiscal year.
There shall be a board to be known as "The Advisory Board".
The board shall be composed of
(a) the deputy minister or a designate of the deputy minister;
(b) the Director of Administration or his designate;
(c) the Director, Program Development or his designate;
(d) the chairman of the Professional Development Committee of the Manitoba Teachers' Society;
(e) subject to subsection (2), not fewer than 21 persons or more than 26 persons appointed by the Lieutenant Governor in Council of whom
(i) one shall be a field representative,
(ii) one shall be a representative of the Community Colleges of the department,
(iii) one shall be a school superintendent appointed from persons nominated by The Manitoba Association of School Superintendents,
(iv) three shall be members of The Manitoba Teachers' Society appointed from members nominated by that society,
(v) four shall be trustees on school boards that are members of The Manitoba Association of School Trustees appointed from persons nominated by that association,
(vi) one shall be a member of and nominated by the Senate of The University of Manitoba,
(vii) one shall be a member of and nominated by the Senate of Brandon University,
(viii) one shall be a member of and nominated by the Senate of the University of Winnipeg, and
(ix) the rest shall be persons appointed by the Lieutenant Governor in Council who are not employees of the department or members of an association, society or Senate referred to in this subsection.
Where under subsection (1) any group, society or association is required to nominate persons for appointment as members of the board, it shall nominate twice as many persons as are to be appointed from the persons nominated.
Where an association, society or a Senate fails to nominate or appoint, as the case may require, any person or the number of persons required to be nominated or appointed under this section within one month of being requested to do so by the minister, the Lieutenant Governor in Council may appoint to the board such person or persons as he may consider advisable.
Except where a member of the board is appointed to complete a term of a member who has resigned or died or ceased to be eligible as a member before the end of his term, the members of the board appointed under subsection 11(1) shall commence their term of office on May 1 in the year in which they are appointed and shall continue in office for a period of two years and thereafter until their successors are appointed.
An appointed member of the board is eligible for re-appointment for a second consecutive term of office, but he is not eligible for appointment for any further term of office as a member of the board, unless one year has elapsed since the expiry of his second successive term of office as a member of the board.
When an appointed or nominated member of the board vacates his office, or a vacancy occurs under subsection (2) or (3) before the expiry of his term of office, his successor shall be appointed or nominated, as the case may require, in the same manner in which the member who caused the vacancy was appointed or nominated.
Where a person appointed to the board under clause 11(1)(e) ceases to be a member of the society, association or Senate that nominated or appointed him, he shall cease to be a member of the board.
Where a member of the board appointed under clause 11(1)(e) absents himself from three successive regular meetings of the board without its authorization by resolution duly recorded in its minutes, he shall cease to be a member of the board.
The board shall appoint a chairman and vice-chairman from among its members.
The minister shall appoint a person who is not a member of the board to be secretary of the board but the secretary shall have no voting rights.
Where he deems it necessary or advisable, the minister may appoint consultants and advisors to the board.
The members of the board may be paid the amount of expenses necessarily and reasonably incurred by them in the performance of their duties and such other remuneration for the performance of their duties as the Lieutenant Governor in Council may determine.
Notwithstanding any other provision of this Act, the board may
(a) make regulations with respect to religious exercises in public schools;
(b) make regulations with respect to patriotic observances in public schools;
(c) consider and make recommendations to the minister concerning reports of committees appointed by the minister to study and revise course and subject outlines;
(d) on its own initiative or by referral of the minister assess the curricula, text books and other instructional materials for use in public schools; and
(e) engage in research and study of matters of educational policy, other than those of administrative detail, and shall report thereon to the minister.
The board shall consider such other matters as may be referred to it by the minister, and shall report thereon to the minister.
The board shall report annually to the minister and may make suggestions and recommendations for promoting education generally as may be deemed useful and expedient; and the report shall be laid before the Legislative Assembly if it is then in session, and if it is not, then within 15 days of the commencement of the next ensuing session thereof.
Subject to subsection (2), the board may make rules not inconsistent with this Act, respecting its own procedure, frequency and place of meetings, and fixing a quorum of the board.
The board shall meet not less frequently than once every two months during the months from and including September of each year to and including the June next following, at such times as the board may determine.
The minister shall prepare annually for the Lieutenant Governor in Council a report on the work of the department, and shall lay the report before the Legislative Assembly if it is then in session, and if not, then within 15 days following the opening of the next ensuing session.
No action or proceeding may be brought against the minister or an employee or agent of the government for any act done in good faith in the performance or intended performance of a duty or the exercise or intended exercise of a power under this Act or The Public Schools Act or the regulations made under either Act, or for any neglect or default in the performance or exercise in good faith of such a duty or power.
No action or proceeding for damages, retroactive remuneration or any other loss may be brought against the government, the minister or an employee or agent of the government in respect of a determination as to a teacher's classification or certification made in good faith and without negligence under this Act or the regulations.
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