(Translation) Thank you, Mr. Speaker.

Attendance

Issue: Committee Members questioned departmental officials on provisions in the draft legislation which affirm that education is a "right" for those between the ages of five and 21, by stating that they have an "entitlement" to an education program. However, the draft act goes on to refer to "compulsory attendance" for those between the ages of six and 16 and places a burden of duty on the parents to ensure compliance.

The committee's concern stemmed from the apparent contradiction that a "right" must be enforced. While the committee understands that a child's entitlement to receive an education must be recognized, it is unfortunate that the parents' duty to ensure that right must also be legislated. It was felt that the more government legislates this kind of responsibility, the more they are telling people that they are not competent to make such decisions respecting the health and welfare of their children.

Response: The department explained that the compulsory attendance provisions were phrased in a manner consistent with all other Canadian jurisdictions. They must first recognize the right of the child to receive an education and secondly, to ensure that right, parents must assume a measure of responsibility for the benefit of the child, at least until the age of 16.

Confidentiality Of Records

Issue: The committee examined the section on student records and noted that there may be instances where certain information contained in confidential student records must be accessible to health and social services professionals, given the appropriate consents, in order to meet the needs of the student. In addition to the health and welfare of the student in question, there must also be due consideration for the health and welfare of other students and staff.

In the interests of all parties, the committee felt that there should be a protocol for interagency information sharing between education, social service and health professionals so that all those who provide services for the student could have access to all relevant information.

Response: The department has agreed to address this concern by adding a section that will allow information from the student record to be shared with health and social services professionals. The department also assured the committee that such a provision will be consistent with access to information and protection of privacy legislation, and will include the necessary requirements for notification and consent.

Student Discipline

Issue: In its examination of the section dealing with student discipline, the committee was of the opinion that the act should specifically state that the use of alcohol, drugs and weapons should be specified as behaviours for which a student can be suspended or expelled. It was felt that the proposed approach of including specific offences and behaviours in a set of "rules" to be established by each district authority was not sufficient and fell short of the "zero-tolerance" philosophy.

Response: The department proposed to change the draft legislation to include the illicit use of alcohol or drugs as behaviours for which a student can be suspended or expelled. However, on the advice of legislative counsel, the department will not include a reference to "weapons" in the new provision.

"With regard to the use of weapons -- the term 'weapon' may limit rather than increase our ability to suspend under the current provision which states that the suspension can occur for conduct injurious to the physical or mental well-being of other students or school staff."

Also, in response to the committee's concern regarding zero tolerance for violence, the department proposes to add a provision to include in student records, documentation of any violent acts perpetrated by a student. This record will follow a student in the event that he or she changes schools.

I will now defer to the Standing Committee on Legislation Member, Mr. Allooloo.