BILL 45

An Act to Amend the Education Act

Her Majesty, by and with the advice and consent of the Legislative Assembly of New Brunswick, enacts as follows:

1 Section 1 of the Education Act, chapter E-1.12 of the Acts of New Brunswick, 1997, is amended by adding the following definitions in alphabetical order:

“positive learning and working environment” means a safe, productive, orderly and respectable learning and working environment free from bullying, cyberbullying, harassment and other forms of disruptive or non-tolerated behaviour or misconduct, including behaviour or misconduct that occurs outside school hours and off the school grounds to the extent the behaviour or misconduct affects the school environment; (milieu propice à l’apprentissage et au travail)

“serious misconduct” means any behaviour exhibited by a person that is viewed by the school or school district officials as extreme and unacceptable in the New Brunswick public education system, including (inconduite grave)

(a)  bullying,

(b)  cyberbullying,

(c)  hazing or any other form of intimidation,

(d)  possessing, using or providing weapons,

(e)  possessing, using or selling illegal or dangerous substances or objects,

(f)  disseminating hate propaganda material, and

(g)  any other behaviour that would reasonably be considered a serious misconduct;

2 Paragraph 13(1)(b) of the Act is amended by striking out “best interests of the child” and substituting “best interests of the child and the school community”.

3 Subsection 27(1) of the Act is amended by adding after paragraph (b) the following:

(b.1)  implementing the positive learning and working environment plan,

4 Subsection 28(2) of the Act is amended by adding after paragraph (c) the following:

(c.1)  ensuring that a positive learning and working environment plan is developed and implemented, in collaboration with the Parent School Support Committee at the school and, where appropriate, with students, and report regularly to the Parent School Support Committee at the school and the superintendent of the school district with respect to the progress and effectiveness of the plan,

(c.2)  to report any incident of serious misconduct to the superintendent of the school district,

5 Section 33 of the Act is amended by adding after subsection (1) the following:

33(1.1) The Parent School Support Committee at the school shall advise the principal of the school respecting the establishment, implementation and monitoring of the positive learning and working environment plan, which may include

(a)  strategies and practices to promote respectful behaviour and a positive and inclusive social climate for all students and staff,

(b)  strategies and programs to prevent disrespectful behaviour or misconduct,

(c)  policies and practices to address disrespectful behaviour or misconduct in a timely manner and in a way that teaches and reinforces respect for other persons, and

(d)  appropriate support strategies for students participating in disrespectful behaviour and students who have been affected by the disrespectful behaviour of others.

6 Paragraph 36.9(5)(h) of the Act is repealed and the following is substituted:

(h)  prepare annually, for submission to the Minister,

(i) a report that identifies priorities respecting capital construction projects within the school district, and

(ii) a report with respect to the progress and effectiveness of the positive learning and working environment plan in the school district, and

7 Subsection 48(2) of the Act is amended

(a)  in paragraph (g) by striking out “and” at the end of the paragraph;

(b)  in paragraph (h) by striking out the period at the end of the paragraph and substituting “, and”;

(c)  by adding after paragraph (h) the following:

(i)  making an annual report to the District Education Council at the end of each school year with respect to the progress and effectiveness of the positive learning and working environment plan in the school district.

8 The Act is amended by adding the after section 56.1 the following:

Publication of annual report

56.2 The Minister shall lay an annual report on bullying in the New Brunswick public education system before the Legislative Assembly during the course of the regular session of the Legislature that follows the year for which the report is made.