I wanted to speak to clause 34, you didn't see my hand.

Okay, Mrs. Marie-Jewell, clause 34 is fine.

Mr. Chairman, I just have some problem with regard to clause 34 and I'm trying to get clarification on it. This particular clause indicates that a discipline policy be developed in accordance with the direction of the Minister and the divisional education council. However, to ensure that they promote a positive learning environment and governing the breach by students of the school rules and the code of conduct for students or the responsibilities of a student under this act or the regulations, I am somewhat concerned that the development of this particular discipline policy does not include the parent advisory councils wherever they're in existence and does not include a representative from the student body. You can say that it does include the principal, but not necessarily so in the event they're participants of the divisional education council, because the principals are generally participants of the local education council or the community education council, not the divisional education council. Therefore, there's a fairly significant consultation process where individuals are affected who are not in the process of developing such a policy.

I'm wondering, if the Minister agrees with this, what ways can this be addressed in order to ... Besides amending the clause, what ways can this be addressed to reflect the need for that particular participation from those areas? Thank you.

Mr. Minister.

Thank you. Under 117.(1)(d), there's a section that says, "consider any comments and recommendations, with regard to a school, that are provided by the students, student representatives, parents and school staff who have an interest in that school.` In other words, the education body shall do that.

This is a component of a discipline policy that affects those and they must consult under another section in the legislation. We are also going to propose a change in the legislation where we have parent advisory committees considered and recognized as well. That will come in a later amendment.

Mr. Chairman, I understand what the Minister is saying, but we are not at that clause yet. It does say that you can consider any type of comments or recommendations of the school. It says an education body shall consider this. However, this particular clause says that in the development of a discipline policy, it will be made, in accordance with the direction of the Minister and the divisional education council. The divisional education council will be a different body from the community education council, whether it is the parent advisory committee, the student body or the principal participating. I am saying the discipline policy reflects a decision coming downward and on the advice, they may consider it. There is nothing that reflects what the community wants in the discipline policy. We are devolving a lot to the divisional boards and we want the authority to lie at the community levels. To be able to state that we are going to develop a discipline policy at the divisional level without consultation from the community level, contradicts what we are trying to do.

I would like to ask our legal counsel how we can address this to reflect the participation of those particular bodies in developing the discipline policy. Thank you.

Thank you, Mrs. Marie-Jewell. Mr. Minister, I wonder if you could respond. There may be some policy that is the underpinning for this clause.

Thank you, Mr. Chairman. A matter of the discipline policy also emanates from the matter of the school rules, which is (2) at the bottom. You have to tie those into the same clause because school rules also deal with things like codes of conduct, responsibilities of students, at cetera. From that emanates the discipline policy within the school and possibly within the division.

The other point that should be noted is the duties of 117 may be given to DEAs and DECs as well. The fact is that the district education authority may end up with the responsibility of defining the discipline policy within their own schools and then developing a broader policy for the division.

(Microphone turned off) ...to that issue you raised? Mrs. Marie-Jewell.

Thank you, Mr. Chairman. Possibly one way to address this ...I recognize what the Minister is saying; however, this is the way the clause reads. If a district education authority, which is at the local level, develops a discipline policy and if they develop it on the advice of the Minister and the divisional education council, for example, the interpretation of a code of conduct can be defined one way by the divisional education council and yet it could have another interpretation from the district education authority. That is what I am trying to say. They could have different interpretations on student conduct.

Possibly, one way to address this to ensure that the two coincide, are consistent and reflect consultation from the parent advisory committees or the student body. The Minister may want to consider, in the development of his regulations, allowing the district education authority to, in conjunction with the parent advisory council and the student body, assist in developing this discipline policy.

The other possibility may be a ministerial directive indicating the necessity for participation from the parent advisory council and the student body. I would like to ask the Minister's viewpoint on this. Thank you.

Thank you, Mrs. Marie-Jewell. Mr. Nerysoo.

Thank you, Mr. Chairman. Having heard the comments of the honourable Member, as Minister, I can develop a directive that clearly indicates the matter of consultation, the mandate and the involvement of parents and students. We can do this quickly as part of the process, so we don't necessarily need a change here, but we can deal with that in a directive from the Minister to all boards.

That is clear. Are we finished with clause 34?

Agreed.

---Agreed

Clause 35.

Agreed.

---Agreed

Clause 36.

Agreed.

---Agreed

Clause 37.

Agreed.

---Agreed

Clause 38.

Agreed.

---Agreed

Clause 39.

Agreed.

---Agreed