BILL NO. 138

(as introduced)

2nd Session, 58th General Assembly
Nova Scotia
51 Elizabeth II, 2002

Private Member's Bill

School Closure Act

Howard Epstein
Halifax Chebucto

First Reading: May 28, 2002

Second Reading:

Third Reading:

WHEREAS various school boards have been forced, by the pressure of inadequate global funding, to make decisions to close certain schools;

THEREFORE be it enacted by the Governor and Assembly as follows:

1 This Act may be cited as the School Closure Act.

2 In this Act,

(a) "Minister" means the Minister of Education;

(b) "school board" means a school board as defined by the Education Act.

3 (1) Notwithstanding Section 89 of the Education Act, any regulation made pursuant to clause 145(1)(m) of that Act or any policy or by-law adopted by a school board respecting the review of schools for permanent closure, every school board shall, when considering the permanent closure of any school, consider

(a) the effects the school closure would have on the educational progress of students;

(b) the effects the school closure would have on the social development of the students in both the school that may be closed and the schools to which students may be transferred;

(c) the desirability of maintaining neighbourhood schools and minimizing travel by students;

(d) whether the health and safety of students is at risk because of the physical condition of the building;

(e) whether the school is fully utilized; and

(f) whether the facilities at the school are adequate to maintain a high quality level of education for the students, as generally available for equivalent schools.

(2) Every school board shall, when considering the permanent closure of any school and the application of clause (1)(e), count as part of the enrollment of the school all students attending or permitted to attend the school.

4 Notwithstanding Section 3, a school board shall not, for financial reasons, commence considering the permanent closure of a school.

5 (1) No school shall be considered for closure more frequently than once every five years.

(2) Subsection (1) does not apply to the closure of a school to protect the health or safety of its students or staff.

6 (1) Within ninety days of the coming into force of this Act, the Minister shall conduct a review of the funding needs of the school systems administered by school boards.

(2) The review shall include public consultation with the school boards, the councils of the municipalities and interested members of the public.

7 All decisions of school boards made pursuant to clause 145(1)(m) of the Education Act during the year 2001 or 2002, whether before or after the coming into force of this Act, to close any school are of no effect if the school is not closed before the coming into force of this Act.

8 Upon completion of the review, the Minister shall table a report in the House of Assembly or, if the House is not then sitting, file a report with the Clerk of the House setting out the Minister's findings and recommendations resulting from the review.