Independent public school boards
28 Independent public school boards
An application under section 104(2) of the Act must:
(a) have had its making supported by a motion passed at a general meeting of the independent public school board before it is made; and
be made in writing; and
state the reasons for the application; and
(d) show how the views and interests of parents will be adequately represented on the board.
(2) In determining an application under section 104(2) of the Act, the Minister:
must have regard to:
(i) whether the views and interests of parents will be adequately represented on the independent public school board; and
(ii) whether the community in which the school is located supports the application; and
(b) must be satisfied that the board can comply with the requirements of Part 6 of the Act relevant to the board.
(3) The Minister must make a decision on an application under section 104(2) of the Act as soon as practicable after receiving it and, in any event, not later than 30 days after receiving it.
(4) The Minister may, in respect of an application under section 104(2) of the Act, decide:
to approve the application; or
to refuse the application; or
to vary the application and approve it as varied.
(5) As soon as practicable after making a decision on an application under section 104(2) of the Act, the Minister must give written notice of the decision to the board.
(6) If the Minister approves an application under section 104(2) of the Act (whether with or without variation), the independent public school board must, as soon as practicable after being notified under subregulation (5), publish on the school's website the information mentioned in subregulation (1)(d) as included in the application.
(7) An approval of an application under section 104(2) of the Act has effect for the period (not exceeding 2 years) determined by the Minister and specified in the notice under subregulation (5).
(8) On an approval ceasing to have effect, section 103(5) of the Act applies to the independent public school board without modification.
(9) An independent public school board may make a fresh application under section 104(2) of the Act at any time, whether or not an approval of an earlier application under that section then has effect.
(10) However, if an independent public school board decides not to make a fresh application as mentioned in subregulation (9), it must notify the Minister of that fact and of the date on which the current approval will expire.
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