If I may, Mr. Chairman, I move that clause 44 of Bill 25 be amended by adding the following after proposed subsection (3):

"(3.1) For greater certainty, a person who is not certified to teach or to act as a classroom assistant may be employed to teach or to assist in the teaching of an Official Language, other than English or French, if that person has special skills, knowledge or abilities in that Official Language."

Thank you, Mr. Chairman. I would like to propose an amendment under 44.(3)(b).

I move that clause 44.(3)(b)(i) read, "For greater certainty, a person who is not certified to teach or to act as a classroom assistant may be employed to teach or to assist in the teaching of an official language other than English or French if that person has special skills, knowledge or abilities in that official language." Thank you.

Thank you, Mr. Chairman. On clause 44, I did want to indicate to the Minister that there were some concerns expressed about our TEP program. They indicated that they would like to see teachers have a bachelor of education degree. Currently, teachers holds teaching certificates issued under the regulations that have gone through TEP. I have indicated some concerns with respect to that. In the event that you require a bachelor's degree, you would have to uproot your family to go and get the degree, as opposed to a certificate.

I am also advised that TEP is expanding their program in order to give another year towards their degree. Can the Minister clarify the process for a TEP student in acquiring a TEP certificate issued under the regulations currently, as opposed to the necessity of a bachelor of education degree. I am sure the Minister would like to see every TEP student have a degree? Unfortunately, it is difficult for some students to acquire that, yet they are excellent teachers in the school system. If I could hear the Minister's viewpoints, I would appreciate it. Thank you.

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.

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.

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.

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

Yes, Mr. Chairman, I just wanted that clarification for the record to ensure that this clause is, in fact, interpreted in that manner. I don't want to have irate parents, who may want to take the responsibility personally to get their child assessed, feel in any way intimidated by the school system to have to produce those records for their child's records with regard to determining progress of a child or whatever. So I felt it was fairly important to get that clarification with respect to that particular clause. Thank you.

Mr. Chairman, could I ask the consent of the committee to go back to clause 29?