The first repeal is interesting as it eliminates the following definition:
“common learning environment” means an inclusive learning environment where instruction is designed to be delivered to students of the same age and of mixed ability in their neighbourhood school and used for the majority of the students’ regular instruction hours and that is responsive to the student’s individual needs as a learner; (milieu d’apprentissage commun) (Education Act)
Question: Is this a signal to the end of inclusive learning environments? Or is this a reflection of a lot of changes since 1997?
Well, several pages later, I am enlightened with (~page 8):
12(0.1) For the purposes of this section, “common learning environment” means an inclusive learning environment:
(a) in which instruction is designed to be delivered to pupils in similar age groups and of various abilities at neighbourhood schools for the majority of regular instruction hours, and
(b) that is responsive to the pupil’s individual needs as a learner.
So, we went from same age group to similar age group and then from mixed abilities to various abilities. Okay.
A lesser change is the language around what is an education plan and streamlining English and French side for cohesive language.
In the French version they repealed:
« plan éducatif » désigne un plan détaillé établissant des priorités visant à améliorer le rendement scolaire des élèves dans la réalisation des objectifs d’apprentissage prescrits pour la communauté linguistique officielle; (education plan)
Kept the English equivalent :
“education plan” means a detailed plan establishing priorities for the improvement of pupils’ educational performance towards the achievement of prescribed learning goals for the official linguistic community; (plan éducatif)
And then renamed the French version to:
« plan d’éducation » s’entend d’un plan détaillé établissant des priorités visant à améliorer le rendement scolaire des élèves dans la réalisation des objectifs d’apprentissage prescrits pour la communauté linguistique officielle; (education plan)
For the gender group, a significant change is the use of the general pronoun “their” to replace “his or her”, this change applied only to the English group. No neutralization presented for the French side..
A significant addition (as in it was not here are all in the act prior) is of the definition of “International pupil”. As it reads, it seems to be intended to address international visitors and permanent residents.
There was also a switch on the French side for the definition of Minister:
« Ministre » désigne le ministre de l’Éducation et du Développement de la petite enfance et s’entend également de ses représentants qu’il désigne; (Minister)
The English equivalent, unchanged is:
“Minister” means the Minister of Education and Early Childhood Development and includes persons designated by the Minister to act on behalf of the Minister; (Ministre)
Changed the French version to:
« ministre » s’entend du ministre de l’Éducation et du Développement de la petite enfance et s’entend également de toute personne qu’il désigne pour le représenter; (Minister)
The Purpose section reflects the recent changes to include:
“that the school system is founded on the principles of free public education, linguistic duality and the inclusion of all pupils”
“the importance of the cultures and languages of the Mi’kmaq and Wolastoqey peoples.”
Under the previous act, there has already been a section (7) on page 11 for Programs and services in relation to aboriginal education, which is now modified to “indigenous” along with the identified Nations. I wonder if this Minister takes advantage f 50(4):
50(4) With the approval of the Treasury Board, the Minister may retain from year to year a portion of the funds paid to the Minister under an agreement entered into under paragraph (2)(b) to be used to enhance the education of Mi’kmaq or Wolastoqey children. Duality indeed. (Bill C-35, page 28).
Powers and duties of the Minister expanded upon here. Under the old, Ministers had the following powers:
- Approve establishment of schools Minister determines necessary linguistic proficiency tests (Section 4), establish education goals and standards, conduct tests and examinations, may establish provincial policies and guidances, and approve or recommend books/resources to libraries. (Section 6)
Under the new, the types of policies are continued on from this point and explicitly stated in a list.
Under the old act, the Minister on page 23 is said to provide a system of teacher education and certification. This is continued.
The addition of 8(5) ensures that a Minister cannot circumvent establishing fees for those who do not have access to free privileges by regulation. The rest of the international section follows suit.
Then, they sneak it in there: “Sales agent” and “Recruitment and Sales” in section 8. Are you going to start selling educational programs, services and materials? My question is somewhat answered on page 28 with the change from:
50(3) Despite a designation under section 8.3, the Minister may enter into agreements with a local government, the Government of Canada or any other government or a person or organization to sell educational programs, educational services or educational materials outside the New Brunswick public education system (Education Act),
To:
50(3) The Minister, with the approval of the Lieutenant-Governor in Council, may enter into agreements with a local government, the Government of Canada or any other government or a person or organization to sell educational programs, educational services or educational materials outside the New Brunswick public education system (Bill C-35).
And another sneak in:
“8.3(4) A diploma equivalent to a New Brunswick high school diploma may be granted to an individual who successfully completes, outside New Brunswick, a program of studies established by the Minister.”
Before, the only way to get a high school diploma was in Section 26:
26 A New Brunswick high school diploma shall be granted to pupils enrolled in the public education program provided under this Act who successfully complete a program of studies prescribed by the Minister (Education Act, page 21).
There was a slight modification made to Section 26, even though they snuck in 8.3(4) to have the words prescribed changed to established. A little less clinical, I agree.
I do have a question: To whom does this apply? Where did this need for transferable equivalency stem from? Why randomly add it in there?
Here is the big one of late that got a bunch of people’s panties in a bunch:
11.1(1) A teacher who holds a master’s degree approved by the Minister and completes the training approved by the Minister may administer a test prescribed by regulation, score the test and interpret and apply the results of the test, for the purpose of developing a personalized learning plan for a pupil (Bill C-35).
What this means is that a person able to attain a teaching certificate AND has a masters designated by the Minister, which I hope he designates psychology in this case. So, teachers who went on to become psychologists can finally live their dream of becoming teacher psychologists. They haven’t said anything of what that means renumeration wise though…
Then there’s a major falter:
11.1(2) This section and the regulations made under paragraph 57(1)(o.1) shall supersede all other provisions in the Psychologists Act and any regulation made under that Act (Bill C-35).
NOTHING should ever supersede provisions in HEALTH-based act. No. Repeal this instantlly and work together, ffs.
Section 13 Is now supported by the principal specifically. The principal now may establish a communication plan for the parent and member of school personnel.
Interestingly, they added a method of reporting concerns right in the act! This little addition could make a difference. I certainly hope the union prompted it or catch it in the changes:
(e.1) reporting concerns and feedback to the superintendent concerned or the Minister in a respectful, constructive, informed and fact-based manner (page 11)
And more onus is being put on principals:
(f.1) creating a positive learning and working environment that allows for open discussion, constructive dialogue and the sharing of concerns or constructive feedback by school personnel and volunteers (Bill C-35),
There was a power shift in reporting offences to the member of personnel themselves and got more specific of what he superintendent reports. But the Minister must approve any action and resignation (Bill C-35, 31.1.1(11) or page 16). They also added a clause on False allegations. The minister may also appoint investigations. The Minister also now has power to revoke volunteers under the same clauses as personnel.
Another neat paper trail added in here is that each District Education Council must now submit information relating to bullying (page 23) along with their other reports.
On the French side, the Minister is given more say of what makes a building qualified to be a safe and healthy school environment:
b) fixe les normes de sécurité des structures ainsi que les normes de santé pour l’environnement scolaire,
Change to :
b) fixe les normes auxquelles doit répondre une installation physique pour être qualifiée d’installation scolaire saine et sécuritaire (Bill C-35)
For records managers and policy makers: The minister promises to initiate a review of this act every ten years with the first to be completed no later than after school year 2030-2031:
56.4 The Minister shall initiate a review of this Act every ten years, the first of which shall be completed no later than July 1, 2031 (page 31, Bill C-35).
It is now a law to leave all free textbooks at the school when you leave, teachers and students alike otherwise there are consquences (page 37).
Page 40 throughs in another one from 8(1) for parents to be able to have external supports:
8(1) Eligible parents may nominate themselves or other persons who are eligible under section 7 as candidates in a Parent School Support Committee election.
It keeps coming though with an entire repeal of section 19:
19 Where a parent neglects or refuses to ensure that his or her child attends school as required by this Act and, in the opinion of the superintendent concerned, the child’s security or development may be in danger, the superintendent shall refer the matter to the Minister of Social Development for investigation under the Family Services Act. (Page 18, original)
Whoa… they replaced that with the ditty on text books… where did that protection go?
Page 38 is not done yet with a very specific test being determined for I am not sure which purpose:
25.1 For the purposes of section 11.1 of the Act, the test that may be administered is the Wechsler Intelligence Scale for Children (WISC) (page 38, Bill C-35).
So, with some scrolling, this is the test that the superintendent can use to determine placement of pupils. This act is updated only every 10 years. Plus, this level of psychology requires specialisation.
Quite honestly, the original act is 73 pages long and the amendments total 51: they could have done this presentation of changes much differently. It is not accessible and allows for details to be hidden in the minutiae. I did not feel as confident to evaluate changes to teaching certification, but strongly encourage the unions to review these changes in detail.
That’s it from the desk of The unLibrarian
Originally written March 2021
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