New Legislation To Improve Effectiveness of School Boards

Elected school boards will have increased powers to help them more effectively manage their responsibilities under the Education Act.

Jamie Muir, Minister of Service Nova Scotia and Municipal Relations, on behalf of Education Minister Karen Casey today, Nov. 7, introduced legislation that will provide boards and the minister with a broader range of measures to maintain discipline, respect and decorum among the province's eight elected boards.

"The purpose of this legislation is to ensure school resources are well-managed, relationships among board members are respectful, and the best interests of students are considered in every board decision," said Mr. Muir.

"I am very proud of the good work board members do for students, but as we have seen recently, the actions of a few can sometimes curtail the effectiveness of an entire board," he said. "These legislative changes will give boards the authority they need to deal with disciplinary matters and at the same time clarify the minister's authority when responding to matters of board member conduct."

The legislation, which takes into account feedback from a five-week consultation with stakeholders and members of the public, proposes new rules for filling vacant school board seats.

If a seat becomes vacant more than two years before the next election, a by-election will be held to fill the seat. For a seat that becomes vacant for two years or less but longer than six months, the minister will appoint a replacement from the school district or the representational unit through an appointment process.

The appointment process will include a call for expressions of interest from the community, including consultation from local school advisory councils.

A seat that is vacant six months before an election will remain vacant as currently established in legislation.

"Although voter turnout for school board by-elections is dismal and the cost of conducting a special vote can be high, Nova Scotians told us clearly during our consultation that by-elections are important," said Mr. Muir. "I think what we are proposing today strikes the right balance."

The legislation will also establish the following measures to increase more effective school board governance:

• school boards will be required to adopt a standardized code of ethics
• school board members will be required to take an oath of office, agreeing to adhere to the prescribed code of ethics
• boards will be required to adopt a standardized procedural by-law for the conduct of meetings
• boards will have authority to censure individual members, including the power to suspend a member for between one and three months, or to recommend to the minister to vacate a member's seat
• a censured board member will have the right to appeal his or her censure to an adjudicator
• if the school board does not take appropriate action to discipline a member when necessary, the minister may direct the board to make a motion, including the appropriate censure
• the minister will retain authority currently under the act to replace an entire board, but with the ability to appoint one or more individuals to act as the board
• the term of the board chair will be extended from one to two years