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Dysfunctional Board Replaced by Education Minister

Research articles : 
Q:        I understand that the BC School Act allows the Government to replace a board of education with an “official trustee.” Is that correct?
A:        Yes. Section 171 authorizes the Lieutenant Governor in Council (LGIC) to appoint an official trustee to any school district to conduct the affairs of the school district if any one of several circumstances applies, including financial mismanagement, substantial non-performance of the board’s duties, or failure to comply with an administrative directive issued by the Minister of Education.
Q:        What happens to the elected board of education if an official trustee is appointed?
A:        On the appointment of an official trustee to conduct the affairs of a school district, the trustees of the school district cease to hold office. The LGIC may remove an official trustee and order that elections be held in the district or may appoint trustees to hold office in the district until the next general election.

Winter 2007-2008 education law column

Research articles : 
Ask a school lawyer…. about trustee disqualification for breach of fiduciary duty   
Q:       I have heard about a trustee in Alberta who was recently disqualified by a judge from holding office, and who was also told he cannot run again as a trustee until after two general elections. In what circumstances would a court make such a ruling?

Fall 2007 education law column

Research articles : 
Ask a school lawyer…. about a recent Supreme Court of Canada decision regarding board of education meetings
Q:        Has the Supreme Court of Canada considered any issues recently that may affect boards of education in BC?
A:        There are two recent decisions that boards of education may find interesting to review and consider. The first ruling discusses when and whether in camera meetings (meetings which are closed to the public) should be held in the context of a municipal council meeting. The second Court ruling was in relation to Alberta legislation which disqualifies any public school or private school teacher employed by a school board in the Province from holding office as a Trustee in the Province. This issue of the Leader will consider the closed meeting decision. The next issue will review the trustee disqualification decision.
The Closed Meeting Decision

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