hordruma/ontario_laws_and_regs huggingface dataset:
PART X.2 TEACHER PERFORMANCE APPRAISAL
Application to certain schools
277.16 (1) This Part does not apply to schools established or continued under section 13 or to schools operated by a ministry under the Provincial Schools Authority Act except in accordance with regulations made under this section.  2001, c. 24, s. 4; 2014, c. 5, s. 47 (5). Same (2) The Lieutenant Governor in Council may make regulations providing for the application of this Part, and the regulations, guidelines, rules and policies under it, to schools or classes of schools referred to in subsection (1), with such modifications as the Lieutenant Governor in Council considers advisable.  2001, c. 24, s. 4. Section Amendments with date in force (d/m/y) 2001, c. 24, s. 4
- 15/03/2002 2014, c. 5, s. 47 (5)
- 24/04/2014
PART X.2 TEACHER PERFORMANCE APPRAISAL
Delegation of principal’s duties, powers
277.17 (1) A duty or power of a principal under this Part may be delegated by the principal assigned to a school to a vice-principal assigned to the same school.  2001, c. 24, s. 4. Supervisory officer acting for principal (2) A duty or power of a principal under this Part shall be performed or exercised by the appropriate supervisory officer where, (a) the principal and the supervisory officer agree that the supervisory officer shall perform the duty or exercise the power; or (b) the supervisory officer is of the opinion that the principal is unable to perform the duty or exercise the power in a timely way because of absence or for some other reason.  2001, c. 24, s. 4. Section Amendments with date in force (d/m/y) 2001, c. 24, s. 4
- 15/03/2002
PART X.2 TEACHER PERFORMANCE APPRAISAL
Delegation of supervisory officer’s duties, powers
277.18 (1) A duty or power of a supervisory officer under this Part, including a duty or power under section 277.17, may be performed or exercised by another supervisory officer employed by the same board where, (a) the supervisory officers so agree; or (b) the supervisory officer who would ordinarily perform the duty or exercise the power is unable to do so in a timely way because of absence or for some other reason.  2001, c. 24, s. 4. Same (2) A determination under clause (1) (b) respecting when a supervisory officer is unable to perform a duty or exercise a power in a timely way and respecting which other supervisory officer shall perform the duty or exercise the power shall be made in accordance with policies established by the board that employs the supervisory officer who would ordinarily perform the duty or exercise the power.  2001, c. 24, s. 4. Same (3) In the circumstances described in clause (1) (b), where no other supervisory officer employed by the same board is able to perform the duty and exercise the power in a timely way, because of absence or for some other reason, a supervisory officer employed by another board may, by arrangement between the two boards, perform the duty and exercise the power.  2001, c. 24, s. 4. Same (4) Every board shall establish policies and procedures for the purposes of subsections (2) and (3).  2001, c. 24, s. 4. Section Amendments with date in force (d/m/y) 2001, c. 24, s. 4
- 15/03/2002
PART X.2 TEACHER PERFORMANCE APPRAISAL
Appraisals by different individuals
277.19 Where this Part requires or permits a series of one or more performance appraisals to be conducted as part of a process, the effect of each of the appraisals is the same regardless of whether the duties and powers in relation to different appraisals are performed or exercised by different individuals or individuals holding different titles.  2001, c. 24, s. 4. Section Amendments with date in force (d/m/y) 2001, c. 24, s. 4
- 15/03/2002
PART X.2 TEACHER PERFORMANCE APPRAISAL
Board rules, certain circumstances
277.20 (1) Every board shall establish rules respecting which principal and supervisory officer shall exercise the powers and perform the duties of principal and supervisory officer, as the case may be, under this Part in relation to a teacher who, during part or all of any period or process required or permitted by this Part or the regulations, guidelines, policies and rules under it, (a) is assigned to more than one school; (b) is not assigned to duties in a school; (c) is assigned to duties in a school as well as to other duties; or (d) moves from one school to another.  2001, c. 24, s. 4. Same (2) Where the rules under this section apply, this Part and any regulation, guideline, rule or policy under it shall be read with necessary modifications.  2001, c. 24, s. 4. Section Amendments with date in force (d/m/y) 2001, c. 24, s. 4
- 15/03/2002
PART X.2 TEACHER PERFORMANCE APPRAISAL
Board policies and rules, general
277.22 (1) A board may establish policies and rules that are consistent with this Part, and anything provided for under it, relating to performance appraisals of teachers employed by it, and shall establish such policies and rules where doing so is necessary to bring this Part into operation and make it work effectively.  2001, c. 24, s. 4. Same, time periods (2) Without limiting the generality of subsection (1), every board shall establish policies and rules, (a) to ensure, as far as possible, that all timelines provided for in this Part and the regulations, guidelines, rules and policies under it are complied with; and (b) to provide for accountability on the part of a person who does not comply with a timeline provided for in this Part or the regulations, guidelines, rules and policies under it.  2001, c. 24, s. 4. Missed timeline (3) If, despite subsection (2), a step or process required or permitted by this Part, or by the regulations, guidelines, rules or policies under it, is not completed within the timeline provided for, the step or process shall be completed by the appropriate person as soon as possible thereafter and timelines for all succeeding steps shall be calculated from the time the late step or process was actually completed.  2001, c. 24, s. 4. Section Amendments with date in force (d/m/y) 2001, c. 24, s. 4
- 15/03/2002
PART X.2 TEACHER PERFORMANCE APPRAISAL
Compliance with timelines
277.23 A board, supervisory officer, principal, vice-principal, teacher or any other person with duties related to performance appraisals under this Part shall comply with all timelines and periods set out in this Part and in any regulation, guideline, rule or policy under it, despite any arbitral order or decision, (a) that purports to alter, interrupt, suspend or otherwise affect the timeline or period; or (b) that would, if followed, have the effect of altering, interrupting, suspending or otherwise affecting the timeline or period.  2001, c. 24, s. 4. Section Amendments with date in force (d/m/y) 2001, c. 24, s. 4
- 15/03/2002 277.24-277.27 Repealed:  2009, c. 25, s. 41. Section Amendments with date in force (d/m/y) 2001, c. 24, s. 4
- 15/03/2002 2009, c. 25, s. 41
- 15/12/2009 Performance Appraisals
PART X.2 TEACHER PERFORMANCE APPRAISAL
Appraisals, teachers other than new teachers
277.28 Performance appraisals of teachers, other than new teachers, shall be conducted in accordance with Ontario Regulation 99/02 (Teacher Performance Appraisal).  2006, c. 10, s. 42. Section Amendments with date in force (d/m/y) 2001, c. 24, s. 4
- 15/03/2002 2006, c. 10, s. 42
- 12/06/2006
PART X.2 TEACHER PERFORMANCE APPRAISAL
New teacher appraisals
277.29 (1) Every board shall ensure that each new teacher employed by it is scheduled for two performance appraisals in the first 12-month period following his or her beginning to teach.  2006, c. 10, s. 42. Additional appraisals (2) If a new teacher does not successfully complete the new teacher induction program in the first 12-month period, the board shall ensure that the teacher is scheduled for further appraisals according to the following schedule: 1. If the teacher received two ratings that were not satisfactory and was placed on review as a result of the second such rating, a third appraisal within 120 school days of the day on which the teacher is notified that he or she is on review status. 2. If the teacher received one not satisfactory rating and one satisfactory rating in the first 12-month period, a third appraisal within 120 school days of the commencement of the second 12-month period following the teacher’s beginning to teach. 3. A fourth appraisal, if needed, within 120 school days of the third appraisal but no later than the end of the second 12-month period following the teacher’s beginning to teach.  2006, c. 10, s. 42. Principal to conduct appraisal (3) The performance appraisals required under this section shall be conducted by the principal assigned to the school to which the new teacher is assigned.  2006, c. 10, s. 42. Principal may determine timing (4) The principal may conduct performance appraisals of a teacher under this section at such intervals as the principal considers appropriate, subject to any requirements in this Part or any regulation, guideline, rule or policy under it.  2006, c. 10, s. 42. Written notice of rating (5) The principal shall give the teacher written notice of the rating determined for each performance appraisal conducted under this section.  2006, c. 10, s. 42. Extension of time (6) If the board extends the teacher’s new teaching period in accordance with the regulations, the extension also applies to the period of 120 school days within which an appraisal mentioned in paragraph 1, 2 or 3, as the case may be, of subsection (2) must be scheduled.  2006, c. 10, s. 42. Section Amendments with date in force (d/m/y) 2001, c. 24, s. 4
- 15/03/2002 2006, c. 10, s. 42
- 12/06/2006
PART X.2 TEACHER PERFORMANCE APPRAISAL
Evaluation cycle begins
277.30 On the day a person ceases to be a new teacher, the evaluation cycle set out in Ontario Regulation 99/02 (Teacher Performance Appraisal) begins to run for him or her.  2006, c. 10, s. 42. Section Amendments with date in force (d/m/y) 2001, c. 24, s. 4
- 15/03/2002 2006, c. 10, s. 42
- 12/06/2006 Standards, Methods and Results of Performance Appraisals
PART X.2 TEACHER PERFORMANCE APPRAISAL
Minister’s guidelines
277.33 (1) The Minister may issue guidelines describing knowledge and practices that the person conducting a performance appraisal under this Part shall look for in order to assist in evaluating the teacher’s competencies and in determining the rating to be given to the teacher.  2001, c. 24, s. 4. Same (2) While a person conducting a performance appraisal shall comply with the guidelines, the guidelines shall not be taken as a comprehensive statement of what the person shall or may look for or take into account when conducting a performance appraisal.  2001, c. 24, s. 4. Same (3) Part III (Regulations) of the Legislation Act, 2006 does not apply to a guideline of the Minister under this section.  2001, c. 24, s. 4; 2006, c. 21, Sched. F, s. 136 (1). Section Amendments with date in force (d/m/y) 2001, c. 24, s. 4
- 15/03/2002 2006, c. 21, Sched. F, s. 136 (1) - 25/07/2007
PART X.2 TEACHER PERFORMANCE APPRAISAL
Performance appraisal document, etc.
277.34 (1) The Minister may approve a performance appraisal document for the purposes of this Part.  2001, c. 24, s. 4. Other documents, forms, etc. (2) The Minister may approve other documents, forms and formats for the purposes of this Part.  2001, c. 24, s. 4. Use of documents, forms, etc. (3) Every body or person who has a duty or power under this Part shall use the approved documents, forms and formats for the purposes for which they are approved.  2001, c. 24, s. 4. Same (4) Part III (Regulations) of the Legislation Act, 2006 does not apply to an approval of the Minister under this section.  2001, c. 24, s. 4; 2006, c. 21, Sched. F, s. 136 (1). Section Amendments with date in force (d/m/y) 2001, c. 24, s. 4
- 15/03/2002 2006, c. 21, Sched. F, s. 136 (1) - 25/07/2007 Process Following Unsatisfactory Rating
PART X.2 TEACHER PERFORMANCE APPRAISAL
Interpretation, school days
277.35 (1) For the purposes of sections 277.36, 277.37 and 277.38, a period of 15, 60 or 120 school days shall be determined by counting consecutive school days in the school year or school years of the board that employs the teacher.  2001, c. 24, s. 4. Same (2) Every board that has more than one school year shall establish rules respecting which school year applies in respect of each teacher employed by it and, for that purpose, the board may establish different rules for different classes of teachers.  2001, c. 24, s. 4. Section Amendments with date in force (d/m/y) 2001, c. 24, s. 4
- 15/03/2002
PART X.2 TEACHER PERFORMANCE APPRAISAL
Initial unsatisfactory rating
277.36 (1) This section applies when a principal conducting a performance appraisal of a teacher, other than a new teacher, under Ontario Regulation 99/02 (Teacher Performance Appraisal) determines that the rating is unsatisfactory.  2006, c. 10, s. 45. Duties of principal (2) Within 15 school days of determining that a performance appraisal of a teacher has resulted in an unsatisfactory rating, the principal shall, (a) give the teacher written notice of the unsatisfactory rating and explain the reasons for the unsatisfactory rating to the teacher; (b) explain to the teacher what is lacking in the teacher’s performance; (c) explain to the teacher what is expected of the teacher in areas in which his or her performance is lacking; (d) taking input from the teacher into account, recommend steps and actions that the teacher should take to improve his or her performance; (e) provide the teacher and the appropriate supervisory officer with a copy of the performance appraisal document; (f) provide the teacher and the appropriate supervisory officer with a brief summary in writing of the explanations referred to in clauses (a) to (c); and (g) provide the teacher and the appropriate supervisory officer with an improvement plan in writing setting out the steps and actions referred to in clause (d).  2001, c. 24, s. 4. Second appraisal (3) Within 60 school days of giving the notice of the unsatisfactory rating under clause (2) (a), the principal shall conduct a second performance appraisal.  2001, c. 24, s. 4. Timing of second appraisal (4) The interval between the performance appraisal referred to in subsection (1) and the performance appraisal required by subsection (3) shall be in the discretion of the principal, subject to any relevant board policies.  2001, c. 24, s. 4. Same (5) In exercising his or her discretion under subsection (4), the principal shall balance the desirability of giving the teacher a reasonable opportunity to improve his or her performance against the interests of the pupils in receiving quality education.  2001, c. 24, s. 4. Section Amendments with date in force (d/m/y) 2001, c. 24, s. 4
- 15/03/2002 2006, c. 10, s. 45
- 12/06/2006
PART X.2 TEACHER PERFORMANCE APPRAISAL
Second unsatisfactory rating
277.37 (1) This section applies when a principal conducting a performance appraisal under subsection 277.36 (3) determines that the rating is unsatisfactory, with the result that a teacher has received two consecutive unsatisfactory ratings under this Part.  2001, c. 24, s. 4. Duties of principal (2) Within 15 school days of determining that a performance appraisal of a teacher has resulted in an unsatisfactory rating, the principal shall, (a) give the teacher written notice of the unsatisfactory rating, explain the reasons for the unsatisfactory rating to the teacher, place the teacher on review status and advise the teacher in writing of that fact; (b) explain to the teacher what is lacking in the teacher’s performance; (c) explain to the teacher what is expected of the teacher in areas in which his or her performance is lacking; (d) explain to the teacher the ways, if any, in which the teacher’s performance has changed since the previous performance appraisal; (e) seek input from the teacher as to what steps and actions would be likely to help the teacher improve his or her performance; (f) provide the appropriate supervisory officer and, subject to subsections 277.31 (7) and 277.32 (5), the teacher, with a copy of the performance appraisal document and copies of all documents relied on in conducting the performance appraisal; (g) prepare a written improvement plan for the teacher setting out steps and actions that the teacher should take to improve his or her performance, taking into account input from the teacher under clause (e); and (h) provide the teacher and the appropriate supervisory officer with, (i) a brief summary in writing of the explanations referred to in clauses (a) to (d), and (ii) a copy of the written improvement plan prepared under clause (g).  2001, c. 24, s. 4. Same (3) Before preparing the plan referred to in clause (2) (g), the principal shall consult with the appropriate supervisory officer.  2001, c. 24, s. 4. Same (4) Subsection (3) does not apply where the principal’s duties and powers are performed and exercised by a supervisory officer in accordance with section 277.17 or 277.18.  2001, c. 24, s. 4. Section Amendments with date in force (d/m/y) 2001, c. 24, s. 4
- 15/03/2002
PART X.2 TEACHER PERFORMANCE APPRAISAL
Board decision
277.39 (1) A board that receives a recommendation to terminate a teacher’s employment under section 277.38 shall determine, based on the competencies provided for under clause 277.31 (1) (a) and clause 277.32 (1) (a), whether or not the teacher is performing satisfactorily in the position to which he or she was assigned immediately before any action of a director of education or supervisory officer under subsection 277.38 (12).  2001, c. 24, s. 4; 2009, c. 25, s. 43 (1). Same (2) The determination of the board shall be by majority vote of the members of the board present at a meeting of the board at which there is quorum, within 60 days of receiving the recommendation.  2001, c. 24, s. 4. Consequences of decision (3) Where the board determines that the teacher is not performing satisfactorily in the position to which he or she was assigned immediately before any action of a director of education or supervisory officer under subsection 277.38 (12), the board shall terminate the teacher’s employment with the board.  2001, c. 24, s. 4; 2009, c. 25, s. 43 (2). Same (4) Where the board does not make the determination described in subsection (3), the suspension or reassignment under subsection 277.38 (12) shall cease and, except where the teacher and the board agree otherwise, the teacher shall resume his or her former position.  2001, c. 24, s. 4; 2009, c. 25, s. 43 (3). Section Amendments with date in force (d/m/y) 2001, c. 24, s. 4
- 15/03/2002 2009, c. 25, s. 43 (1-3)
- 15/12/2009
PART X.2 TEACHER PERFORMANCE APPRAISAL
Notice to Ontario College of Teachers
277.40 (1) Where a board terminates a teacher’s employment under section 277.39, the secretary of the board shall promptly file a complaint under section 26 of the Ontario College of Teachers Act, 1996, regarding the reasons for the termination.  2001, c. 24, s. 4. Same (2) Where a teacher employed by a board resigns while he or she is on review status, the secretary of the board shall promptly file a complaint under section 26 of the Ontario College of Teachers Act, 1996, regarding the reasons for the teacher having been placed on review status.  2001, c. 24, s. 4. Same (3) For greater certainty, a complaint made by a secretary of a board under this section shall be deemed to be a complaint made by a member of the public under clause 26 (1) (a) of the Ontario College of Teachers Act, 1996.  2001, c. 24, s. 4. Section Amendments with date in force (d/m/y) 2001, c. 24, s. 4
- 15/03/2002 Process Following Rating That is Not Satisfactory – New Teachers
PART X.2 TEACHER PERFORMANCE APPRAISAL
Initial not satisfactory rating
277.40.1 (1) This section applies when a principal conducting a performance appraisal of a new teacher under section 277.29 determines that the rating is not satisfactory and it is the new teacher’s first such rating.  2006, c. 10, s. 46. Duties of principal (2) Within 15 school days of determining that a performance appraisal of a new teacher has resulted in a rating that is not satisfactory, the principal shall, (a) give the teacher written notice of the not satisfactory rating and explain the reasons for the not satisfactory rating to the teacher; (b) explain to the teacher what is lacking in the teacher’s performance; (c) explain to the teacher what is expected of the teacher in areas in which his or her performance is lacking; (d) taking input from the teacher into account and in accordance with any guidelines issued by the Minister, (i) determine which elements of the new teacher induction program offered by the board are appropriate for the teacher to participate in to improve his or her performance, and (ii) develop an enrichment plan based on participation in those elements; (e) provide the teacher and the appropriate supervisory officer with a copy of the performance appraisal document; (f) provide the teacher and the appropriate supervisory officer with a brief summary in writing of the explanations referred to in clauses (a) to (c); and (g) provide the teacher and the appropriate supervisory officer with the enrichment plan required under subclause (d) (ii).  2006, c. 10, s. 46. Section Amendments with date in force (d/m/y) 2006, c. 10, s. 46
- 12/06/2006
PART X.2 TEACHER PERFORMANCE APPRAISAL
Second not satisfactory rating
277.40.2 (1) This section applies when a principal conducting a performance appraisal of a new teacher under section 277.29 determines that the rating is not satisfactory, with the result that the teacher has received two not satisfactory ratings under this Part.  2006, c. 10, s. 46. Duties of principal (2) Within 15 school days of determining that a performance appraisal of a new teacher has resulted in a not satisfactory rating, the principal shall, (a) give the teacher written notice of the not satisfactory rating, explain the reasons for the not satisfactory rating to the teacher, place the teacher on review status and advise the teacher in writing of that fact; (b) explain to the teacher what is lacking in the teacher’s performance; (c) explain to the teacher what is expected of the teacher in areas in which his or her performance is lacking; (d) explain to the teacher the ways, if any, in which the teacher’s performance has changed since the previous performance appraisal; (e) seek input from the teacher as to what steps and actions would be likely to help the teacher improve his or her performance; (f) provide the appropriate supervisory officer and, subject to subsections 277.31 (7) and 277.32 (5), the teacher with a copy of the performance appraisal document and copies of all documents relied on in conducting the performance appraisal; (g) prepare a written improvement plan for the teacher setting out steps and actions that the teacher should take to improve his or her performance, taking into account input from the teacher under clause (e); and (h) provide the teacher and the appropriate supervisory officer with, (i) a brief summary in writing of the explanations referred to in clauses (a) to (d), and (ii) a copy of the written improvement plan prepared under clause (g).  2006, c. 10, s. 46. Section Amendments with date in force (d/m/y) 2006, c. 10, s. 46
- 12/06/2006