PREAMBLE
1.1 WHEREAS the St. Marguerite d’Youville Catholic Elementary School Council (the “Council”) is continued by Regulation 612/00 (the “School Council Regulation”) made under the Education Act;
1.2 AND WHEREAS the purpose of the Council is, through the active participation of parents, to improve pupil achievement and to enhance the accountability of the education system to parents;
1.3 AND WHEREAS the Council’s primary means of achieving its purpose is by making recommendations in accordance with School Council Regulation to the principal of St. Marguerite d’Youville and the York Catholic District School Board (the “Board”); and AND WHEREAS we in the Catholic school community of St. Marguerite d’Youville Catholic Elementary School (“St. Marguerite d’Youville”) share a desire that St. Marguerite d’Youville be a positive and enriching element of the lives and development of the students of St. Marguerite d’Youville, reflective of and implementing the Roman Catholic faith and values:
THIS CONSTITUTION IS ADOPTED AS OF THE DATE HEREOF AND SHALL GOVERN THE COMPOSITION, ACTIVITIES AND WORKINGS OF THE COUNCIL.
2.0 THE COUNCIL
2.1 In the spirit of the Roman Catholic faith, mutual respect and caring for all members of St. Marguerite d’Youville, including its students, staff and administration, and the broader school community, the Council is hereby continued and constituted under the provisions of this Constitution.
2.2 The Council will endeavour, in such spirit, to advise, assist and support the staff, and administration of St. Marguerite d’Youville, with a view to enhancing the Roman Catholic school experience at St. Marguerite d’Youville, in respect of such matters and areas as the Council may see fit and as are permitted by the School Council Regulation and any pertinent policy of the Ministry of Education or the Board.
3.0 APPLICATION
3.1 This Constitution, and any by-laws passed by the Council, shall be applied, construed and interpreted with a view to promoting the best interests of the students of St. Marguerite d’Youville and in accordance with the School Council Regulation and any pertinent policy of the Ministry of Education or the Board.
3.2 The School Council Regulation shall be deemed to be such School Council Regulation as may be amended or superseded from time to time.
3.3 A reference to “parent” in this Constitution or any By-Law shall be deemed to be a reference to a guardian where appropriate.
3.4 Where anything herein conflicts with the provisions of the School Council Regulation or a policy of the Ministry of Education or the Board, as such may be in place from time to time, such School Council Regulation or policy shall govern and take precedence.
4.0 COMPOSITION OF THE COUNCIL
4.1 The Council shall be composed of:
1. Parent members (14) elected in accordance with the School Council Regulation, in such number as specified by by-law of the Council and not to exceed fourteen;
2. The principal or, if the principal so designates, a vice-principal of St. Marguerite d’Youville;
3. One teacher, elected in accordance with the School Council Regulation, who is employed by St. Marguerite d’Youville, other than the principal or a vice-principal;
4. One person, elected in accordance with the School Council Regulation, who is employed by St. Marguerite d’Youville, other than the principal, vice-principal or any teacher;
5. One community representative, appointed by the majority vote of the other members of the Council, which person may also be the Parish representative described immediately below.
6. One Parish representative, being the priest of the Our Lady of the Annunciation Church or his designate who is a member of the Parish Council.
4.2 The Council shall have a Chair, a Vice-Chair, a Treasurer and a Secretary, each of whom shall be a parent member of the Council. These parents must be present on election night to accept nomination of an executive position
4.3 The Council may have such other officers as are provided for by by-law.
4.4 The term of office of each member of the Council shall begin on the later of the date the member is elected or appointed and the date of the first meeting of the Council after the elections held in the school year pursuant to the School Council Regulation, and shall end on the date of the first meeting of the Council after the elections held in the following school year pursuant to the School Council Regulation. Candidates for positions of responsibility, herein known as Council Executive, must be present during election proceedings.
5.0 MEETINGS OF THE COUNCIL
5.1 The Council shall meet at least four times during the school year.
5.2 The Council shall hold its first meeting of the school year within the first 35 days of the commencement of the school year, after the elections for Council for that school year have taken place, on a date fixed by the principal of St. Marguerite d’Youville.
5.3 The Council shall meet only if:
a majority of the current members of the Council are present at the meeting; and
(a) a majority of the members of the Council who are present at the meeting are parent members.
5.4 The meetings of Council shall be open to the school community.
5.5 The meetings of the Council may be held at St. Marguerite d’Youville or any other location, provided that the meetings of the Council shall be at a location accessible to the public.
5.6 The principal of St. Marguerite d’Youville shall, on behalf of the Council, give written notice of the dates, times and locations of the meetings of the Council to every parent of a pupil who, on the date the notice is given, is enrolled in St. Marguerite d’Youville.
5.7 The notice required by subsection 5.6 hereof may be given by:
(a) giving the notice to a parent’s child for delivery to his or her parent; and
(b) posting the notice in St. Marguerite d’Youville in a location that is accessible to parents.
5.8 Each member of the Council, except the principal of St. Marguerite d’Youville, is entitled to one vote in votes taken by the Council.
5.9 The rules of order of meetings of the Council shall be as established by by-law, or, where there is no by-law specifying a rule of order in respect of a particular situation, as determined by the presiding member in his or her discretion, consistent with this Constitution and the by-laws.
BY-LAWS
5.10 The Council shall pass by-laws:
(i) specifying the number of parent members of the Council, which number shall ensure that parent members constitute a majority in number of the total number of members of the Council; parent members not to exceed the number as outlined in Regulation 612/00.
(ii) that govern election procedures and the filling of vacancies in the membership of the Council;
(iii) that establish rules respecting participation in Council proceedings in cases of conflict of interest; and
(iv) that, in accordance with any applicable policies established by the Board, establish a conflict resolution process for internal Council disputes.
5.11 The Council may pass by-laws in respect of its membership and the conduct of its affairs and meetings.
5.12 Any by-law of the Council shall be made by way of a motion duly made and seconded, and only where a majority of the total number of members of the Council excepting the principal vote in favour of the by-law.
5.13 Any amendment of a by-law of the Council shall be made by way of a motion duly made and seconded, and only where a majority of the total number of members of the Council excepting the principal vote in favour of the amendment.
6.0 AMENDMENTS
6.1 Any amendment to this Constitution shall be made by way of a motion duly made and seconded at a meeting of the Council, where:
(i) the Council, on a motion duly made and seconded, passed by the majority of votes cast at a prior duly constituted meeting, has approved the proposing of the amendment;
(ii) notice of the proposed amendment and of the meeting of the Council at which the amendment is to be voted upon has been given, pursuant to the method specified in Section 5.7 hereof, at least 30 days prior to such meeting;
(iii) the amendment complies with the provisions of the School Council Regulation and any policy of the Ministry of Education or the Board, as such may have been amended, replaced or superseded, as of the date of the vote making the amendment; and
(iv) at least two thirds of the total number of members of the Council excepting the principal vote in favour of the amendment.
Dated May, 2005