CHANGES TO THE
EDUCATION ACT (BILL 88)
WHAT DOES IT MEAN FOR
TEACHERS ?
Delegates Workhop, RTU
October 2009
Why was it changed ?
• Low turn out to school board elections
• ADQ’s intention to abolish school boards
• Government’s intention to adopt a “culture
of results”: Loi de l’administration publique
Why was it changed ?
• School boards management criticized:
 Not enough transparency for the public;
 Unequal distribution of $$$
 MELS sometimes kept in the dark regarding
school board operations
What the changes intend to do
• Clarify school board’s mandate
• Clarify Council of Commissioners’
mandate
• Include parents as partners
• Set up complaints process
• Measure and increase rates of success
Elements of Change since July 1,
2009
1. Structure of Accountability: MELS, School
Boards & Educational Institutions
2. School Board Commissioners and
Committees: New Responsibilities
3. Complaints Mechanism/Student Ombudsman
4. Financial Allocations
5. Other Elements
Elements of Change not yet in
Effect
1. Changes to the Number of
Commissioners
2. Universal Suffrage of the Chair
3. New Role of Chair
New Agreements
1. Partnership Agreements (MELS with
school boards)
2. Management and Educational Success
Agreements (School boards with
educational institutions)
New Rules: Partnership
Agreements
• Between MELS and school boards:
 MELS determines orientations and “measurable
targets”
 School boards must comply and set out objectives
to attain these “measurable targets”
 MELS may apply “corrective measures” to make
sure targets are respected
New Rules: Partnership
Agreements
• Signed contract between MELS and
school boards
• MELS orientations and “measurable
targets” for:
 Languages: Français and English
 Special Education
 Healthy Life Style
 Access to tech. voc. (under 20 years old)
 Graduation rate
New Rules: Partnership
Agreements
• School boards to adapt their Strategic
Plans to MELS orientations
• Strategic Plan to be presented at a public
meeting
• All school boards to sign partnership
agreement and adapt Strategic Plan by
July 2010
New Rules: Partnership
Agreements
• Success Plans and School Projects to be
modified and in line with school board
Strategic Plan
• This will be done during 2009 - 2010.
NEW RULES: Management and
Educational Success Agreements
• Contract signed between school board
and schools
 Set out ways to attain measurable targets for the
schools (Partnership Agreement);
 Define support and resources needed to attain
measurable targets;
 Agreement in line with school Success Plan
Implications of Management and
Educational Success Agreements
• Schools/centres will have to hew more closely to
the school board’s strategic plan, including the
goals and measurable objectives contained
therein
• Need to harmonize overall planning between
board’s strategic plan, partnership agreement,
educational project, success plan and
management and educational success
agreement
Educational Project
• Education Act, art. 37
Specific aims and objectives of the school
Objectives for improving student success.
May include actions to promote those aims and objectives
and integrate them into the life of the school.
Aims and objectives of the project objectives
designed to ensure that the provincial educational policy
defined by law, the basic school regulation
and the programs of studies established by the Minister
are implemented, adapted and enriched.
School Success Plan
The success plan of a school
Reflects the strategic plan of the school board
Comprises the measures to be taken based on the aims and
objectives of the educational project:
supervision of students
methods for evaluating the
implementation of the success plan.
To be reviewed and updated annually, if necessary
Minister’s Plan to Fight
Drop-Out Rate
“Hausser le taux de diplomation ou de qualification à 80
% chez les élèves de moins de 20 ans d’ici 2020 exigera
que tous les acteurs agissent d’une manière concertée
et se sentent unis par une obligation de résultats. De
plus, il y aura une cible pour chaque commission
scolaire et pour les écoles les plus à risque.”
L’école, j’y tiens: Tous ensemble pour la réussite scolaire,
MELS, 2009, p. 7
Minister’s Plan to Fight
Drop-Out Rate
“Le Ministère conviendra avec les commissions scolaires
d’objectifs mesurables à l’égard de la persévérance et de la
réussite scolaires. Elles rendront compte publiquement des
résultats. Les objectifs qui seront établis pour chaque
commission scolaire correspondront à la contribution exigée
de chacune d’elles pour que soit atteint un taux de diplomation
de 80% en 2020.”
L’école, j’y tiens: Tous ensemble pour la réussite scolaire,
MELS, 2009, p. 17
Impact on School Personnel
• Staff must be consulted on the management and
educational success agreement
• The governing board must approve (not adopt) a draft
version of the agreement after the staff consultation
• The governing board will have to ensure that the draft
version of the agreement properly accounts for the
educational project and success plan
Where can Teachers have input
?
• Board Strategic Plan
 Public consultation (Union is consulted)
• Education Plan
 Direct teacher participation via School Council
• School Success Plan
 Direct teacher participation via School Council
• School Success Agreement
 Teacher consultation on draft (projet de convention de
gestion)
School/Centre Strategic Planning
Prior to Bill 88
Analysis
School Board
Of the school situation
Student needs, issues related to
success, local expectations
Strategic Plan
Orientations and objectives
Educational Project
Implement school mission :
Instruct, socialize and qualify
Orientations
Objectives
Of the school
To improve student success
The educational project is implemented through the
Success Plan
Means
Depending on the orientations
and objectives of the
educational project
School/Centre Strategic Planning
After Bill 88
Analysis
School Board
Partnership
Of the school’s situation
Strategic Plan
Agreement
Student needs, issues related to
success, local expectations
Orientations, goals and
measurable objectives
Orientations, goals and
measurable objectives
Educational Project
Implement school mission :
Instruct, socialize and qualify
Orientations
Objectives
Of the school
To improve student success
Management and
Educational Success
The educational project is implemented through the
Agreement
Success plan
Means
Depending on the orientations
and objectives of the
educational project
Measures needed to ensure that
the goals and measurable
objectives included in the
partnership agreement are
reached
New Rule: Student Ombudsman
• School Board sets up process to handle complaints from
parents or students
• If not satisfied with results, they are referred to a school
board appointed Student Ombudsman
• SO can’t be board employee or CC member.
Complaints Mechanism
• Article 220.2: Each school board must establish
a procedure to examine complaints coming from
students or their parents
• If a student or parent is dissatisfied with how a
complaint is handled, they must be able to
appeal to the Student Ombudsman
Responsibilities of the Ombudsman
• Must give council of commissioners an
opinion on merits of a complaint within 30
days and recommend any correctives
he/she deems appropriate
• Must produce an annual report for the
school board regarding the complaints
received, their nature, his/her
recommendations and actions taken
Limitations of the Ombudsman
• Must cease to examine any complaint
which has already been filed to the
Minister under article 26 of the Education
Act (serious fault, acts derogatory to the
profession of teaching)
• Must respect provisions of regulation
imposed by the Minister (Art. 457.3)
regarding the complaints mechanism
New Rule: Student Ombudsman
• Does not handle complaints filed with regards to
art. 26 of Education Act:
 Any natural person may file a complaint with the
Minister against a teacher for a serious fault
committed in the exercise of his functions or for an act
derogatory to the honour or dignity of the teaching
profession.
• Files an annual report to the CC
New Rule: Transparency
• School Boards to make annual report in a
public meeting:
 Update on Strategic Plan;
 Update on results of “measurable targets”
determined by MELS;
• MELS may impose “corrective measures”
on School Boards that don’t reach their
targets.
• Less autonomy for schools.
New Rules - Mandate of the
Council of Commissioners
• Insure quality of educational services
delivered by the school board
• Insure efficient management of school
board
• May mandate a commissioner to attend
Governing Board meetings
New Rules - Composition of
Council of Commissioners
• Composition of Council of Commissioners:
 8 to 18 members elected (districts)
 Chair, elected by general population
 3 parents from Parents Committees
 2 “Coopted” members from the community:
voted by 2/3 of the CC: community social,
cultural or business representatives
New Rules - Council of
Commissioners Committees
• CC mandates 3 committees:
 Ethics and governance
 Verification
 Human Resources
 Plus:
• Other committees to study any particular question
mandated by Chair
NEW RULES - Chair - Council of
Commissioners
• Chair of the CC:
 Watchdog for the quality of services delivered in
the school board
 Can mandate the CC to gather information on any
particular question/matter.
New Rule: Governing Boards
• Approve Management and Educational
Success Agreement, following staff
consultation
• Ensure MESA is in line with school board’s
Strategic Plan and school’s Success Plan
• Accept the presence of Commissioner at
GB meetings, if mandated by CC
Timeline
• School board strategic plan and partnership
agreement - Fall 2009-February 2010
• Institution educational project, success plan,
management and educational success
agreement – Spring 2010
• Complaints mechanism – Dependent upon final
version of regulation – 2009-2010 school year
Summary
• MELS defines measurable outcomes
• School boards approve Strategic plan in
line with outcomes - Sign Partnership
Agreements with MELS
• Governing boards approve school
Success Plan in line with outcomes - Sign
Management and Educational Success
Agreement with board
Financial Allocations
• School surpluses must be transferred to
the school board at the end of each fiscal
year
• Schools may keep surpluses if the
Management and Educational Success
Agreement so provides
What next?
• QPAT




Update of booklet for Governing Boards
Response to regulation on student ombudsman
Documentation for teachers
Follow up on new elements not yet implemented and
how they will fit in with changes to the Election Act
once these are proposed
What next? (cont.)
• Teachers
 Participation in updating of educational project
and success plan
 Respond to consultation on management and
educational success agreement
What next? (cont.)
• Governing board members
 Adopt the educational project
 Approve the success plan and draft version of
the management and educational success
agreement
 Ensure that the strategic planning is
consistent