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POLICY TYPE:        GOVERNANCE PROCESS

POLICY NO:             GP-8

SUBJECT:                COMMUNICATION PROTOCOLS

EFFECTIVE:             July 1, 2012

REVISED:                 August 19, 2013; April 16, 2019; June 2, 2023

POLICY:                    In order to provide for effective communication and clearly distinguish the Council’s own unique work from the work of its staff, the Council must establish the following protocols with respect to the various stakeholders in the educational community:

• Communication with Staff:  The DEC must communicate with staff through the Superintendent in recognition of the concept of “the principle of one employee”.

• Communication with Schools:  DEC’s must communicate with the schools through the Superintendent who will inform the principals of DEC policies.  Principals will share this information with the PSSC’s.

• DEC Liaison with PSSC:  DEC members will fulfill their liaison role by attending PSSC Meetings/Cluster Meetings to become aware of educational issues at the school level.  Communication at this level will be general in nature and will be shared with the DEC within the context of the policy governance framework.

• Communication between the DEC and the district will be two-way and is the assigned responsibility of the Chair and the Superintendent.

• Issues raised to individual Council members and to the Council as a whole:  In order to properly assign issues, Councilors should bring issues to the attention of the Superintendent through the Chair.  Most issues can be resolved by district staff; however, those issues deemed to be associated with the district as a whole and needing Council attention will be placed on regular meeting agendas.

An issue pertinent to an individual school is the responsibility of the PSSC and will not be assigned to the DEC agenda.  The DEC recognizes, however, that an individual or group may wish to make a presentation to the Council on an issue of relevance to the district as a whole.  In these situations, the following protocol will be followed:

• The individual or group representative will first discuss the issue with the Superintendent who is responsible for the day-to-day operations of the school district.

• The individual or group representative may subsequently consult with the DEC Chair who will decide whether the issue has merit and relevance as a DEC concern.  Should the Chair deem this to be the case, he or she may permit the individual or group representative to make a presentation at an upcoming Council meeting under the following conditions:

(a)    the request must be made at least 3 weeks prior to a Council meeting.

(b)    the presentation will not exceed 15 minutes, and

            (c)    following the presentation, the DEC may choose to discuss the issue, or to defer discussion to a later meeting, or (as in the case with all operational concerns), to instruct the Superintendent to deal with the issue in keeping with the policies as set forth by the District Education Council.

            The Chair will report to all members any communication for delegation status.

• Communication with the media will be the responsibility of the Chair and the Superintendent.  Generally, the Chair will address Council issues, and district operational issues will be addressed by the Superintendent.  It is imperative that the Chair and Superintendent work in concert on issues of a public nature.

MONITORING:

            Method(s):                 Report by Chair and Superintendent

            Frequency:                Annually

            Month(s):                   March

POLICY TYPE:        GOVERNANCE PROCESS

POLICY NO:             GP-7

SUBJECT:                COUNCIL MEMBERS’ CODE OF CONDUCT

EFFECTIVE:             July 1, 2012

REVISED:                 August 19, 2013; April 16, 2019; June 2, 2023

POLICY:                    The Council and its members must display ethical and businesslike conduct, proper use of authority and appropriate decorum in group and individual behavior when acting as Council members.  Therefore:

1.         General

1.1      It is the responsibility of the District Education Council of the Anglophone North School District to establish objectives and policies aimed at addressing the particular priorities and needs of the district.  The District Education Council is responsible for developing policy which governs the operation of the schools in its district in the areas of education, school performance, and infrastructure.  Each Council member is responsible for contributing to the decisions and responsibilities of the District Education Council.

1.2      The regulations of the Education Act provide the authority for this Code of Conduct.  Members must follow the policies governing conduct contained in this Code of Conduct, the Education Act and the policies of the Department of Education and Early Childhood Development.  Section 40 of the Education Act requires that every member of a District Education Council:

                  “(a)  exercise his or her duties under this Act in good faith,

                     (b)  comply with this Act and the regulations, and

                     (c)  refrain from exercising individual influence or authority over theSuperintendent of the school district or over other school personnel.”

1.3      The District Education Council and all members must comply with all laws, regulations and rules that apply to the Department of Education and Early Childhood Development employees and volunteers.  The DEC and its members uphold the dignity and rights of individuals in accordance with the New Brunswick Human Rights Act and the Canadian Charter of Rights and Freedoms.  Questions or concerns regarding legal issues should initially be brought to the attention of the District Education Council Chair or Vice-Chair.

2.         Professional Conduct and Decorum

2.1      Members of the District Education Council are committed to the common purpose of guiding and moving forward the education of all students in the district.  DEC members have a responsibility to always act in the best interests of the students of the district.

2.2      Members commit to high professional and ethical standards and undertake to always carry out their duties with honesty and the appropriate discretion.  Members always demonstrate fair and respectful treatment of students, parents, staff and the community.

2.3      Members must be aware of the scope and responsibilities of their role as a part of the DEC.  Members are expected to be familiar with the District Education Council Handbook and the appendix regarding meeting procedures.

2.4      Members recognize the time commitment made by members of the DEC and ensure that meeting times are used efficiently.  DEC governs effectively because members are on time, have reviewed materials in advance, and have prepared comments and submissions which are carefully planned and to the point.

2.5      Members are encouraged to bring forward ideas, opinions and information relevant to the agenda of the DEC meeting.  Members must give consideration and respect to the public’s view or ideas which may be different from their own.

2.6      Members are committed to a collaborative work environment which encourages the respectful expression of ideas.  The deliberation of different perspectives and ideas is used to reach an informed decision.

2.7      Members must exercise caution and good judgment in fulfilling their duties.  The DEC will use individual member’s expertise to enhance the ability of the DEC but will not rely on an individual’s judgment as a substitute for making an informed decision as a Council.

2.8      The DEC has a responsibility to the students of the Anglophone North School District.  The Council is guided by the mission of the district and must consider how decisions and actions will impact the education of all students.

2.9      The DEC will endeavor to make decisions by consensus; striving to reach a decision which has been acceptable to all members.  Decisions will be made by majority vote.

2.10    Members must not undermine the decisions reached by the DEC.  Members who have a good faith and legitimate reason to oppose the decision may only use the appropriate process to have the decision challenged or reconsidered.  Members will not publicly criticize the actions, submissions or decisions of the Council or individual members.

2.11    Members respect the privacy of others and will not disclose confidential information.  Confidential information may include legal opinions, litigation strategies, personnel issues and disciplinary matters, and any other information which is generally not disclosed to the public.  Members will be bound by the Department of Education and Early Childhood Development’s confidentiality policies surrounding personal information, reports, email and passwords.

3.         Representing the Council and Encouraging Public Confidence

3.1      While many voices contribute to the decisions of the DEC, under the policy governance model, the DEC operates as a single voice.  The Chair is the representative of the Council and has the authorization to discuss DEC opinions, decisions and policy or to otherwise interact with the public, press or other organizations.

3.2      The DEC has a shared responsibility with the students, the parents, the school, the community, the District and the Department of Education and Early Childhood Development to advance education and a positive learning environment.  Members will strive to work collaboratively and respectfully with these partners.

3.3      Members strive to undertake their duties in a manner that will inspire public confidence.  Members must avoid outside activities which would discredit, compromise or negatively impact the reputation of the DEC.

3.4      To avoid a public perception of influence, members cannot accept or solicit gifts or personal benefits as a result of their position without the approval of the Chair.  This excludes incidental gifts, customary hospitality or other benefits of nominal value.

3.5      Members are committed to the proper use of their authority.

            a)  Individual members do not have authority over staff unless clearly granted by the Council or in DEC policies.

            b)  While the DEC expects individual members to be given common courtesy, it does not require the Superintendent to heed any individual member’s opinion or instruction.

            c)   Regardless of any individual dissent from a decision of the DEC, members must support that the Superintendent is bound by direction given by the DEC as a whole.

            d)  Members will monitor the Superintendent performance using the approved protocol and in accordance with DEC Policy.

4.         Conflict of Interest

4.1      Members will be aware of the potential for a conflict of interest and avoid situations where personal or family interests could conflict with the interests of the DEC.  Members must report any personal benefit or financial interest which may influence or could reasonably appear to influence the decisions or actions of the DEC to the Council as soon as possible.

4.2      The DEC will follow the Department of Education and Early Childhood Development Conflict of Interest Policy (Policy 213) and the Province of New Brunswick’s Conflict of Interest Policy (AD-2915) in determining what is considered to be a conflict.

4.3      A conflict of interest may be resolved by requiring the member to withdraw from discussion or a meeting, refrain from voting on an issue or terminate the conflict or potential conflict.  In situations in which there is a persistent conflict, resignation from the DEC may be required.

4.4      If a conflict of interest is discovered after a decision is made, the decision is voidable but not automatically void.

4.5      If a member does not disclose a conflict of interest, the DEC reserves all rights to have any matter entered into, or any action taken set aside, revoked or rescinded.  The member may be asked to resign or removed according to the Enforcement Procedures contained in this policy.

5.         Enforcement of this Code of Conduct

5.1      Members are committed to the principles of this Code of Conduct.  Known or suspected violations of this Code or DEC Policies will be reported in writing to the Chair.  In the event that there is an alleged violation by the Chair, the member will report concerns to the Vice-Chair.

5.2      Concerns and violations must be reported in writing.  While the complaint cannot be made anonymously, the Chair is authorized to decide if the name of the complainant will be disclosed.

5.3      Reports of breaches will be treated promptly and fairly.  Upon receiving a written complaint, the Chair and Vice-Chair will determine the appropriate response:

            a) Conduct a private discussion with the member to notify them of the complaint and to see a resolution to the breach.

            b) Notify the offending member of the allegations and initiate a review.

            c) Suspend the offending member immediately pending a review or resolution by the DEC.

5.4      A review into complaints may be conducted by the Chair, Vice-Chair or another individual authorized by the DEC.

            a) The findings of the investigation will be reported in writing to the member in question and the DEC 14 days in advance of a private session to discuss the complaint.  The member will be provided with an opportunity to address the DEC at this session before any decision on discipline is made.

            b) The DEC will provide direction on the complaint and proceed to dispose of the matter as it deems appropriate within the scope of this Code, the DEC policies and the Education Act.

5.5      A decision on discipline can only be made at a meeting of the DEC where not less than 75% of the members are present.  Where discipline is deemed to be appropriate, the DEC may exercise one or more of the following options.

            a) a letter of reprimand

            b) a suspension for a period not exceeding three months

            c) a declaration that the member’s seat is vacant under s.36.7(4) of the Education Act.  Declaring a member’s seat to be vacant requires a majority vote by the DEC.

5.6      While the details of the investigation and deliberation are confidential, the outcome of any disciplinary hearing will be made public in an open session of the Council.

MONITORING:

            Method(s):                 Meeting Review Form

            Frequency:                Monthly

POLICY TYPE:        END RESULTS

POLICY NO:             E-4

SUBJECT:                Sexual Orientation and Gender Identities

EFFECTIVE:             October 2018; April 2019; June 2023; October 2023

POLICY:                    The District Education Council values diversity, equality and respect, and promotes the acceptance of all persons regardless of sexual orientation and gender.  The District Education Council expects all members of its schools and public events, held in its school facilities, to be welcomed, respected, and supported, and is, therefore, committed to addressing all forms of discrimination and harassment.

Therefore, the District Education Council recognizes its obligation to adopt appropriate administrative procedures and strategies to ensure respect for human rights and support for diversity and equality.

1.  The Anglophone North School District Education Council upholds the principle that its policies, procedures and strategies will reflect understanding of LGBTQI2S+ school community members.  It will support diversity, acceptance, address discrimination and foster an atmosphere of respect and safety.

2.   The Anglophone North School District Education Council, through the Superintendent, will demonstrate the following outcome:

• Employees will demonstrate respect for human rights, support diversity, equality and address discrimination against LGBTQI2S+ individuals.

• Make the school community aware of this policy and support for LGBTQI2S+ in the school district, as addressed in the Positive Learning and Working Environment Plan (PLWEP).

• ASD-N DEC acknowledges the references noted by the Department of  Education and Early Childhood Development as documented in Provincial Policy 713 Section 9.0 and calls upon staff to be mindful of this legislation in the school setting, in particular:

1. Canadian Charter of Rights and Freedom
2. Human Rights Act
3. Education Act

• Students wishing to have assistance in speaking with parents for the purpose of obtaining their consent to alter official records or use an alternate name or pronoun will be encouraged to consult with the appropriate professionals (i.e. teachers, principals, school counsellors, psychologists, social workers).

3.         References:

The Education Act provides the following authority for these guidelines: 

        36.9(5) A District Education Council shall (a)  develop school district policies and procedures, not inconsistent with provincial policies and procedures, in matters relating to the authority given to the District Education Council, or the superintendent of the school district, under this Act and regulations.

• EECD Policy 713: Sexual Orientation and Gender Identity
• EECD Policy 322: Inclusive Education
• EECD Policy 703: Positive Learning and Working Environment.
• Canadian Charter of Rights and Freedoms
• Bill C-16 – Act to amend the Canadian Humas Rights Act and Criminal Code
• New Brunswick Human Rights Act
• Amendment to NB Human Rights Act. Bill 51
• Right to Information and Protection of Privacy Act
• New Brunswick Interscholastic Athletic Association
• Province of New Brunswick Respectful Workplace Policy
• ASDN Professional Conduct
• On Balance, Choose Kindness – The Advocate’s Review on Changes to Policy  

           713 and Recommendations for a Fair and Compassionate Policy (15 August 2023)

  b)   Education and Early Childhood Development Policy 703: Positive Learning and Working Environment.

MONITORING:

            Method:                     Report by the Superintendent

            Frequency:                Annually

            Month:                        June

POLICY TYPE:        END RESULTS

POLICY NO:             E-3

SUBJECT:                COMMITMENT FOR FIRST NATION EDUCATION

EFFECTIVE:             June 30, 2017; April 16, 2019; June 2, 2023

 POLICY:                  Anglophone North School District is situated on traditional and unceded Mikmaq territory, and it serves the largest population of Mikmaq children and youth in the province. The District Education Council of Anglophone North School District, in the spirit of reconciliation, is committed to providing quality educational opportunities that respond to the needs of First Nation children and youth, and their communities. Moving forward with the Truth and Reconciliations 94 Calls to Action is a priority in building understanding of traditional and contemporary First Nation cultures, histories and perspectives by all students and staff, system wide. The following ends must be achieved:

1.         The Superintendent will ensure that the three objectives of the First Nation Education Programs and Service Agreements are met, which include:

            a)        Reducing the achievement gap that exists between First Nations’ students and non-First Nations’ students attending, or that will be transitioning to public schools in New Brunswick.

            b)        Providing children of First Nations in New Brunswick with a welcoming school environment and a quality educational experience that is relevant and recognizes cultural background.

            c)         Promoting positive learning and working relations between First Nations communities and school districts.

2.         The Superintendent will provide leadership and promote capacity building to support the implementation of First Nation community Education Plans in district schools that serve First Nation students.

3.         The Superintendent will ensure that the District Improvement Plan addresses the teaching and learning of accurate First Nation culture, history and perspectives for all students.

4.         The Superintendent will increase the knowledge of First Nation cultures, histories and perspectives among all staff members through appropriate professional learning opportunities.

MONITORING:

            Method(s):                 Report by the Superintendent

            Frequency:                Twice Annually

            Month(s):                   December – Monitoring Report

                                                August – Year-End Report to the District Education Council

                                                               and Minister of Education and Early Childhood

                                                                Development