Advisory Councils for School Leadership Regulation

Advisory Councils for School Leadership Regulation, M.R. 54/96 The Education Administration Act , C.C.S.M. c. E10 Regulation 54/96 Registered March 20, 1996 bilingual version (HTML) Table of Contents Section 1 Definitions 2 Application 3 Role of an advisory council 4 When establishment meeting must be held 5 Notice of establishment meeting 6 Establishment meeting 7 Election of members 8 Continuing an existing parent council 9 Members of an advisory council 10 Officers of an advisory council 11 Meetings 12 By-laws 13 Dissolution 14 Saving Definitions 1 In this regulation, "advisory council" means an advisory council established for a school in accordance with this regulation; (« comité consultatif ») "catchment area" means the area around a school that has been determined by the school board as the catchment area for that school; (« aire de recrutement ») "community member" means a person who lives, works or owns property in the catchment area of an affected school and who is not a parent of a child attending the school; (« membre de la collectivité ») "parent council" means a group of persons established before the coming into force of this regulation that provides advice to the principal of a school, but does not include an advisory council established in the 1994-95 or 1995-96 school year in compliance with the Guidelines: Advisory Councils for School Leadership published by the Minister of Education and Training. (« conseil de parents ») Application 2 This regulation does not apply to a school in the francophone school division or a northern school division established under The Public Schools Act. Role of an advisory council 3(1) An advisory council may be established for each school. 3(2) An advisory council may (a) advise the principal about school policies, activities and organization, including (i) departmental and locally developed curricula, (ii) cultural and extra-curricular activities, (iii) student discipline and behaviour management policies, and (iv) community access to school facilities; (b) advise the principal about fund-raising and participate in fund-raising activities; (c) advise the school board about the process of hiring and assigning principals; (d) advise the principal and the school board about an annual budget for the school; (e) participate in developing an annual school plan; and (f) participate in any review of the school that the minister or the school board has directed be carried out. 3(3) An advisory council shall (a) communicate with parents of children attending the school and community members so that it can properly represent their priorities and concerns; and (b) establish a means whereby it is regularly accountable to the school and community for its activities and expenditures. 3(4) An advisory council is to perform its role within the framework of responsibilities and powers conferred on school boards, principals and teachers under The Public Schools Act and The Education Administration Act . When establishment meeting must be held 4(1) The principal of a school that does not have an advisory council must convene an establishment meeting when at least 10 parents of children attending the school request that an advisory council be established. 4(2) For the 1995-96 school year, an establishment meeting for an advisory council may be held at any time during the school year. 4(3) For any school year after the 1995-96 year, an establishment meeting for an advisory council must be held after the first day of school but before November 30. Notice of establishment meeting 5(1) The principal shall give  notice to the following persons of a meeting to be held to establish an advisory council for the school: (a) the parents of children attending the school; (b) community members; (c) the school staff. 5(2) The notice must describe the purpose of the meeting and set out the time, date and location of the meeting. 5(3) The notice must be given at least 14 days before the date of the meeting. 5(4) The notice to community members may be (a) posted in as many locations that are accessible to the public in the area around the school as the principal considers appropriate; or (b) advertised in a publication that is circulated to the general public in the area around the school. Establishment meeting 6(1)  Parents of children attending the school who are in attendance at the establishment meeting must decide whether or not to establish an advisory council under this regulation. 6(2) When the parents decide to establish an advisory council under subsection (1), they must also decide, at the establishment meeting, (a) the number of members of the advisory council, subject to the limitation set out in subsection 9(1); (b) the term of office of each member; and (c) when to elect the members of the advisory council, which may be at the establishment meeting itself, or at a later meeting held within 14 days after the establishment meeting. 6(3) If a decision is made under clause (2)⁠(c) to elect the members of the advisory council at a later meeting, the principal shall provide a notice of that meeting to the persons and in the manner described in section 5, except that the notice must be given at least 7 days before the date of the meeting. Election of members 7(1) Whether the election of members of an advisory council takes place at the establishment meeting or at a later meeting held for that purpose, the following persons who are in attendance at the meeting at which the vote takes place are entitled to vote in that election: (a) parents of children attending the school; and (b) community members. 7(2) There must be at least seven persons in attendance at the meeting who are entitled to vote in order to elect an advisory council. Continuing an existing parent council 8(1) If a decision is made under subsection 6(1) not to establish an advisory council, the parents of children attending the school may decide instead to continue an existing parent council, in which case (a) the provisions of this regulation concerning advisory councils do not apply to the parent council; and (b) the structure and the activities of the parent council must conform to any policies that the school board may have about such councils. 8(2) A school may have either an advisory council or a parent council, but not both. Members of an advisory council 9(1) An advisory council must consist of at least seven members. 9(2) At least 2/3 of the total number of members must be parents of children attending the school. 9(3) Not more than 1/3 of the total number of members may be community members who are not parents of children attending the school. 9(4) Subject to subsections (2) and (3), teachers and staff of the school or the division who are also parents or community members may comprise not more than 1/3 of the total number of members. However, the persons entitled to vote to elect the members may decide to increase the number of positions available for teachers and other staff to not more than 1/2 of the total number of members. 9(5) The minister may, on application, exempt a school from any of the requirements set out in subsections (1) to (4) if the school is a small school as defined in the Support to School Divisions Regulation , Manitoba Regulation 108/93. 9(6) If  the school includes S1 to S4 and has a student council, the president of the student council, or another member of the student council chosen by the student council, is automatically a community member of the advisory council and included in the total number of members of the council. 9(7)  The principal and a teacher representative from the school, selected by the teachers of the school, are ex officio non-voting members of the advisory council. Officers of an advisory council 10 Each advisory council must have a chairperson, a secretary and any other officers required by the by-laws of the advisory council. Meetings 11(1)  In each school year after the year in which an advisory council is established, an annual general meeting of the advisory council must be held after the first day of school but not later than the third Friday in October. 11(2) An advisory council must hold regular meetings that are open to parents of children attending the school, students, school staff and community members. 11(3) Only members of the advisory council are entitled to vote on matters raised at a meeting of the council. By-laws 12(1) An advisory council may make by-laws governing its proceedings and generally for the conduct and management of its activities. 12(2) A by-law under subsection (1) does not come into force unless it is approved by a majority of (a) parents of children attending the school; and (b) community members; who vote at a meeting of the advisory council called for that purpose. 12(3) The by-laws continue in force from year to year unless (a) they are amended at a meeting of the advisory council called for that purpose; and (b) an amendment is approved by a majority of (i) parents of children attending the school, and (ii) community members, who vote at a meeting of the advisory council called for that purpose. 12(4) An advisory council shall make a copy of its by-laws available on request. Dissolution 13 The minister may dissolve an advisory council if the minister is of the opinion, after ensuring that a review has been conducted, that the council is not functioning in accordance with this regulation or in the best interests of the school. Saving 14 A group of persons established as an advisory council (a) in the 1994-95 or 1995-96 school year before this regulation comes into force; and (b) in compliance with the Guidelines: Advisory Councils for School Leadership published by the Minister of Education and Training; is deemed to be an advisory council established under this regulation.