BY-LAW NO. 5/94
“A BY-LAW TO ESTABLISH PROCEDURES TO BE
FOLLOWED IN CREATING A LOCAL SCHOOL CALENDAR”
The School Calendar Regulation requires that certain approvals be obtained before the school board can take certain actions respecting school calendars. These actions are:
(a) to make available a local calendar for a school in its district which varies from the provisions of the standard school calendar;
(b) to amend a school calendar; and
(c) to refrain from scheduling one or more non-instructional periods that the Minister of Education has ordered to be scheduled and used for a specific purpose.
The procedures for obtaining approvals are required to be contained in a school board bylaw.
THE SCHOOL BOARD, IN PUBLIC MEETING, THEREFORE ENACTS the following procedures for obtaining required approvals of school calendar proposals:
In this bylaw,
“Act” means the School Act.
“Regulation” means the School Calendar Regulation.
“Representative” means the person or persons chosen by those employees of a school who are not represented by a union to represent them for purposes of this bylaw.
“School calendar proposal” means a proposal of the school board to make available a local school calendar which departs from the standard school calendar established by the Regulation, or to amend a school calendar after it has been made available as required by the Act and Regulation, or to refrain from scheduling one or more non-instructional periods that the Minister of Education has ordered to be scheduled and used for a specific purpose.
Words and expressions used in this bylaw have the same meanings as are assigned to them in the Act and Regulation.
2. Legal Requirements
A proposal for a local school calendar for a school, or for an amendment to a school calendar, shall comply with the requirements of the Act, Regulation and any applicable ministerial orders.
1. If the board intends to adopt a school calendar proposal, the board shall, before seeking the required approvals, provide to the parents of students enrolled in the school, to employees of the board assigned to the school, and to the employees’ unions and other representatives at least seven (7) days written notice of the board’s intention to seek that approval.
2. Notice to parents may be given by distribution of notices to students at school and by notice to the parent advisory council, if any.
3. Notice to employees may be given by posting on staff bulletin boards within the school, or by distribution of notices through internal mail.
4. Failure to provide notice to any individual employee or parent, unless bad faith is shown, shall not invalidate any action taken on a school calendar proposal.
5. Notice to an employees’ union shall be given to the presidents of the P.R.N.T.A. and Local 2397 as the case may be.
6. Notice to an employee representative shall be given in writing in accordance with the designation of the representative.
4. School Staff Approval
1. Approval of the employees of the board assigned to a school of a school calendar proposal affecting that school is to be determined and expressed by the employees through their union or representative, as the case may be, in the manner that the employees and their union or representative, as the case may be, may provide.
2. The representative of administrative officers and any other employees not represented by a union assigned to the school shall be the North Peace Administrators’ Association, unless an administrative officer or other employee notifies the Secretary-Treasurer of a different choice of representative, no later than seven (7) days after notice is given under Section 3, or within such longer time as may be stipulated by the Secretary-Treasurer.
3. Approvals or rejections shall be reported within thirty (30) days following notice of the proposal. If a proposal is not rejected by a union or representative within thirty (30) days following notice under Section 3, it is deemed to be approved by the employees represented by that union or representative.
4. Approval by employees for purposes of the regulation is constituted by the approval of a majority nhof employees assigned to the school represented by each union plus a majority of employees assigned to the school who are not represented by a trade union, as determined and expressed by the respective unions and representatives.
5. This section only applies where the Regulation requires employee approval of school calendar proposals.
5. Parental Approval
1. A school calendar proposal may be referred by the school board to the parent advisory council of the school, if one has been established.
2. (a) If there is no parent advisory council operating in the school, or if the school board does not refer the school calendar proposal to the parent advisory council, the school board shall notify parents of students in the school as required by Section 3 and convene a meeting to which parents are invited and approval will be sought.
(b) At least seven (7) days notice of the meeting shall be provided, in the same manner as notice under Section 3.
(c) A quorum for the meeting shall be determined at the time of the meeting in consultation with the parent group.
(d) Voting at the meeting shall be by secret ballot.
(e) Each parent, present at the meeting, of a student enrolled at the school shall be entitled to one (1) vote.
(f) Approval by a parent advisory council to which the school calendar has been referred under subsection (1), or approval by a majority of the votes cast at a meeting convened under subsection (2), constitutes approval of parents for purposes of the Regulation.
6. School Board Approval
A school calendar proposal which has been approved by the school board, the parents, and if required, the employees, in accordance with the provisions of this bylaw, shall govern school operation in accordance with its terms.
1. Following approval, a local school calendar, or a school calendar which does not schedule one or more of the non-instructional periods designated by the Minister, shall be made available to parents of students in the school on or before May 31, as required by the Act.
2. Following approval of an amendment to a school calendar, the board shall give written notice of the amendments to the school calendar and the date of which they are to take effect to:
(a) the parents of the students enrolled in the school, and
(b) the employees of the board assigned to that school and to their unions and other representatives in accordance with Sections 3(2) to 3(6).
3. An amended school calendar or a local school calendar shall be filed with the Minister of Education within thirty (30) days after all approvals (parental, staff, and school board) have been obtained.
4. An amended school calendar shall not come into effect until at least twenty-eight (28) days after it has been filed with the Minister.
8. Effective Date
This bylaw shall come into force on July 1, 1994.
This By-Law was reviewed and amended and;
Read a first time this 14th day of November, 2006.
Reconsidered, Finally Passed and Adopted the 14th day of November 2006.