Policy 24 - Board Delegation of Authority
The School Act allows for the Board to delegate certain of its responsibilities and powers to others.
The Board authorizes the Superintendent to do any act or thing or to exercise any power that the Board may do, or is required to do, or may exercise, except those matters which, in accordance with section 61(2) of the School Act, cannot be delegated. This delegation of authority to the Superintendent specifically includes:
- Any authority or responsibility set out in the School Act and regulations as well as authority or responsibility set out in other legislation or regulations;
- The ability to enact administrative procedures, practices or regulations required to carry out this authority; and also
- The ability to sub-delegate this authority and responsibility as required.
Notwithstanding the above, the Board reserves to itself the authority to make decisions on specific matters requiring Board approval. This reserved authority of the Board is set out in Board policies, as amended from time to time.
Further, the Board requires that any new provincial, regional or local obligations must be initially brought to the Board for discussion and determination of decision-making authority.
- The Superintendent is authorized to suspend a teacher from the performance of the teacher’s duties in accordance with Sections 105(1) and 105(2) of the School Act. Further, the Superintendent is authorized to terminate Teaching Contracts of Employment and/or Administrative Designations. The power to suspend or terminate the services of a teacher may not be further delegated. The suspension and/or termination shall be conducted in accordance with the School Act. The Superintendent is also authorized to suspend or terminate non-certificated staff.
- The Superintendent is delegated the authority to develop administrative procedures that are consistent with provincial policies and procedures for the following program areas:
- Locally Developed/Acquired and Authorized Junior and Senior High School Complementary Courses
- French as a Second Language and French Language Immersion
- Inclusive Education
- Services for Students and Children (Cross-Ministry)
- Home Education
- Early Learning Programs (including Inclusive Education)
- Outreach Programs
- Knowledge and Employability Courses
- Off-Campus Education
- English as a Second Language
- Guidance and Counselling
- School Accountability
- Teacher Growth, Supervision and Evaluation
- Student Evaluation
- Alternative Programs
- The Superintendent is directed to develop an administrative procedure to fulfill Board obligations created by any federal legislation or provincial legislation other than the School Act.
- The Superintendent is delegated the authority to deal with initial appeals under Section 123 of the School Act with the exception of the following, which will be dealt with directly by the Board:
- The expulsion of a student; and
- The Superintendent is delegated authority for implementing the requirements of Freedom of Information and Protection of Privacy Act.
- The Superintendent is delegated the authority to approve placement in and sponsorship of out-of-division programs, to enter into contracts and to negotiate tuition agreements with organizations, institutions and other school jurisdictions for those students that cannot be accommodated within the division.
School Act, Sections 60, 61, 105, 113