BILL 61
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
(a) by repealing the definition “special education program”;
(b) by adding the following definitions in alphabetical order:
“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)
“personalized learning plan” means a personalized plan for a pupil that specifically and individually identifies practical strategies, goals, outcomes, targets and educational supports and designed to ensure the pupil experiences success in learning that is meaningful and appropriate, considering the pupil’s individual needs; (plan d’intervention)
2 Paragraph 6(b) of the Act is amended
(a) in subparagraph (i) by striking out “, including special education programs and services” wherever it appears;
(b) in subparagraph (ii) by striking out “, including special education programs and services”.
3 Section 12 of the Act is repealed and the following is substituted:
Programs and services for pupils requiring a personalized learning plan
12( 1) A personalized learning plan shall be developed for a pupil if the superintendent concerned, after consulting with qualified persons, determines that the physical, sensorial, cognitive, social-emotional or other needs of the pupil requires that a personalized learning plan be developed.
12( 2) The superintendent concerned shall ensure that he or she has consulted with the parent of the pupil during the process of the determination referred to in subsection (1).
12( 3) The superintendent concerned shall place a pupil requiring a personalized learning plan such that he or she receives the programs and services within the common learning environment to the fullest extent considered practicable having regard for the rights and needs of that pupil and the needs of other pupils.
12( 4) The superintendent concerned may deliver programs and services for pupils requiring a personalized learning plan to a pupil at the pupil’s home or other setting if the pupil is not able to receive the program or service in a school due to
(a) the pupil’s fragile health, hospitalization or convalescence, or
(b) a condition or need that requires a level of care that cannot reasonably be provided effectively in a school setting.
12( 5) The Minister may issue policies to District Education Councils regarding the identification of pupils requiring personalized learning plans under subsection (1) and the placement of pupils requiring a personalized learning plan under subsection (3).
12( 6) A decision made by a superintendent under subsection (1) or (3) shall be made
(a) subject to any policies or directives of the District Education Council concerned,
(b) subject to any policies issued by the Minister under subsection (5), and
(c) only with respect to pupils who are enrolled in a school in the school district or who reside in the school district for which the superintendent is appointed or reappointed.
4 Subsection 48(2) of the Act is amended
(a) in paragraph (a) by striking out “quality education” and substituting “quality education, inclusive education”;
(b) by adding after paragraph (g) the following:
(g.1) providing alternative education programs and services for high school pupils consistent with policies established by the Minister;
5 Subsection 57(1) of the Act is amended
(a) by repealing paragraph (p) and substituting the following:
(p) respecting the identification of pupils requiring a personalized learning plan referred to in section 12;
(b) by repealing paragraph (q) and substituting the following:
(q) respecting the health and treatment of pupils requiring a personalized learning plan referred to in section 12;