hordruma/ontario_laws_and_regs huggingface dataset:
PART II SCHOOL ATTENDANCE
Reports and information
28 (1) The principal of every elementary and secondary school shall, (a) report to the appropriate school attendance counsellor and supervisory officer the names, ages and residences of all pupils of compulsory school age who have not attended school as required; (b) furnish the school attendance counsellor with such other information as the counsellor requires for the enforcement of compulsory school attendance; and (c) report in writing to the school attendance counsellor every case of expulsion and readmission of a pupil.  R.S.O. 1990, c. E.2, s. 28 (1). Where no school attendance counsellor (2) Where a child of compulsory school age has not attended school as required and there is no school attendance counsellor having jurisdiction in respect of the child, the appropriate supervisory officer shall notify the parent or guardian of the child of the requirements of section 21.  R.S.O. 1990, c. E.2, s. 28 (2); 2021, c. 4, Sched. 11, s. 7 (1). Section Amendments with date in force (d/m/y) 2021, c. 4, Sched. 11, s. 7 (1) - 19/04/2021
PART II SCHOOL ATTENDANCE
Provincial counsellor as trustee
29 Where it appears to the Minister that the board of a district school area is not providing accommodation or instruction for its resident pupils either in schools operated by the board or under an agreement with another board in schools operated by such other board, or has in other respects failed to comply with this Act and the regulations, or that the election of members of the board has been neglected and no regular board is in existence, the Minister may authorize and direct the Provincial School Attendance Counsellor to do all things and exercise all powers that may be necessary for the provision and maintenance of accommodation and instruction for the resident pupils of the board including the erection of school buildings and the conduct of schools, and generally whatever may be required for the purpose of establishing, maintaining and conducting schools in accordance with this Act and the regulations, and thereupon the Provincial School Attendance Counsellor has, for such period as authorized by the Minister, all the authority and powers vested in, and may, during such period, perform the duties of, the board.  R.S.O. 1990, c. E.2, s. 29; 1997, c. 31, s. 11. Section Amendments with date in force (d/m/y) 1997, c. 31, s. 11 - 01/01/1998 Offences: non-attendance
PART II SCHOOL ATTENDANCE
Proceedings under s. 30: rules
31 (1) Prosecutions under section 30 shall be instituted by the school attendance counsellor concerned.  R.S.O. 1990, c. E.2, s. 31 (1). Certificate of principal as evidence (2) In prosecutions under section 30, a certificate as to the attendance or non-attendance at school of any child, signed or purporting to be signed by the principal of the school, is proof in the absence of evidence to the contrary of the facts stated therein without any proof of the signature or appointment of the principal.  R.S.O. 1990, c. E.2, s. 31 (2); 1993, c. 27, Sched. Proof of age (3) Where a person is charged under section 30 in respect of a child who is alleged to be of compulsory school age and the child appears to the court to be of compulsory school age, the child shall, for the purposes of such prosecution, be deemed to be of compulsory school age unless the contrary is proved.  R.S.O. 1990, c. E.2, s. 31 (3). Order re school attendance (4) An order made under subsection 24 (2) shall be admitted in evidence in a prosecution only where the prosecution is in respect of the school year for which the order was made.  R.S.O. 1990, c. E.2, s. 31 (4). Section Amendments with date in force (d/m/y) 1993, c. 27, Sched. - 31/12/1991
PART II SCHOOL ATTENDANCE
Resident pupil right to attend school
32 (1) A person has the right, without payment of a fee, to attend a school in a school section, separate school zone or secondary school district, as the case may be, in which the person is qualified to be a resident pupil.  1997, c. 31, s. 13. Admission without fee (2) Despite the other provisions of this Part, but subject to subsection 49 (6), where it appears to a board that a person who resides in the area of jurisdiction of the board is denied the right to attend school without the payment of a fee, the board, at its discretion, may admit the person from year to year without the payment of a fee.  1997, c. 31, s. 13. Section Amendments with date in force (d/m/y) 1997, c. 31, s. 13 - 01/01/1998 Resident pupil qualification, elementary
PART II SCHOOL ATTENDANCE
Kindergarten
34 (1) If a board operates a kindergarten in a school, a child who is otherwise qualified may become a resident pupil at an age one year lower than that referred to in section 33.  1997, c. 31, s. 15. Junior kindergarten (2) If a board operates a junior kindergarten in a school, a child who is otherwise qualified may become a resident pupil at an age two years lower than that referred to in section 33.  1997, c. 31, s. 15. Beginners class (3) A board may provide a class or classes for children to enter school for the first time on or after the first school day in January and, where the board so provides, a child whose birthday is on or after January 1 and before July 1, who resides in an area determined by the board and who is eligible to be admitted to an elementary school or kindergarten, as the case may be, on the first school day in the following September, may become a resident pupil in respect of such class.  1997, c. 31, s. 15. Section Amendments with date in force (d/m/y) 1997, c. 31, s. 15 - 01/01/1998
PART II SCHOOL ATTENDANCE
Resident pupil’s right to attend more accessible elementary school
35 (1) Where a resident pupil who is an elementary school pupil of a school section or separate school zone resides, (a) more than 3.2 kilometres by the shortest distance by road from the school that the pupil is required to attend; (b) more than 0.8 kilometres by the shortest distance by road from any point from which transportation is provided to the school that the pupil is required to attend; and (c) nearer by the shortest distance by road to another school of the same type that is in another section or zone than to the school that the pupil is required to attend, the pupil shall be admitted to the nearer school of the same type, where the appropriate supervisory officer for the nearer school certifies that there is sufficient accommodation for the pupil in that school.  1997, c. 31, s. 16. Same (2) Where the pupil is admitted to a nearer school, the board of the school section or separate school zone of which the pupil is a resident pupil shall pay in respect of the pupil the fee, if any, payable for the purpose under the regulations.  1997, c. 31, s. 16. Same (3) For the purposes of this section, the following are types of schools: 1. English-language public schools, which are schools governed by an English-language public district school board or a public school authority. 2. French-language public schools, which are schools governed by a French-language public district school board. 3. English-language Roman Catholic schools, which are schools governed by an English-language separate district school board or a Roman Catholic school authority. 4. French-language Roman Catholic schools, which are schools governed by a French-language separate district school board.  1997, c. 31, s. 16. Section Amendments with date in force (d/m/y) 1997, c. 31, s. 16 - 01/01/1998 Resident pupil qualification, secondary
PART II SCHOOL ATTENDANCE
Admission of adult resident who is not a resident pupil
37 (1) Despite the provisions of this or any other Act, but subject to section 49.2, a person who resides in one secondary school district or separate school zone and who, except as to residence, is qualified to be a resident pupil at a secondary school in another secondary school district or in another separate school zone, as the case may be, shall be admitted, without the payment of a fee, to a secondary school of the same type that is in the other secondary school district or separate school zone operated by the board of the secondary school district or separate school zone, as the case may be, in which the person resides if, (a) the person has attained the age of 18 years and has been promoted or transferred to a secondary school; and (b) the appropriate supervisory officer certifies that there is adequate accommodation in the secondary school.  1997, c. 31, s. 18. Types of schools (2) For the purposes of subsection (1), the following are types of schools: 1. English-language public schools, which are schools governed by an English-language public district school board or a public school authority. 2. French-language public schools, which are schools governed by a French-language public district school board. 3. English-language Roman Catholic schools, which are schools governed by an English-language separate district school board. 4. French-language Roman Catholic schools, which are schools governed by a French-language separate district school board.  1997, c. 31, s. 18. Section Amendments with date in force (d/m/y) 1997, c. 31, s. 18 - 01/01/1998 38 Repealed:  2009, c. 25, s. 5. Section Amendments with date in force (d/m/y) 1997, c. 31, s. 18 - 01/01/1998 2009, c. 25, s. 5
- 15/12/2009
PART II SCHOOL ATTENDANCE
Resident pupil’s right to attend secondary school in another district or zone
39 (1) Subject to subsections (2) to (4), a person who is qualified to be a resident pupil at a secondary school in a secondary school district or a separate school zone has the right to attend any secondary school of the same type, (a) that is more accessible to the person than any secondary school in the secondary school district of which the person is qualified to be a resident pupil; or (b) for a purpose specified in subsection 49.2 (6).  1997, c. 31, s. 18. Types of schools (2) For the purposes of subsection (1), the types of schools are as set out in subsection 37 (2).  1997, c. 31, s. 18. Restrictions (3) Subsection (1) applies where the appropriate supervisory officer certifies that there is adequate accommodation for the person in the school.  1997, c. 31, s. 18. Where agreement between boards (4) Clause (1) (b) does not apply where the board of which the person is qualified to be a resident pupil has entered into an agreement with another board to provide the relevant subjects.  1997, c. 31, s. 18. Section Amendments with date in force (d/m/y) 1997, c. 31, s. 18 - 01/01/1998
PART II SCHOOL ATTENDANCE
Admission to secondary school of resident pupil from other district or zone
40 (1) A person who is qualified to be a resident pupil at a secondary school in a secondary school district or separate school zone and who applies for admission to a secondary school of the same type situated in another secondary school district or separate school zone, as the case may be, shall furnish the principal of the school to which admission is sought with a statement signed by the person’s parent or guardian or by the pupil where the pupil is an adult, stating, (a) the name of the secondary school district or separate school zone in respect of which the person is qualified to be a resident pupil; (b) whether or not the pupil or the pupil’s parent or guardian is assessed in the secondary school district or separate school zone in which the school referred to in clause (a) is situated, and if so assessed the amount of the assessment; and (c) the authority, under this Act, under which the pupil claims to have a right to attend the school to which admission is sought.  1997, c. 31, s. 19; 2021, c. 4, Sched. 11, s. 7 (1). Same (2) For the purposes of subsection (1), the types of schools are as set out in subsection 37 (2).  1997, c. 31, s. 19. Notice of admission (3) The principal of the school to which admission is sought shall forward the statement to the chief executive officer of the board that operates the school and, if the pupil is admitted, the chief executive officer of the board shall promptly notify the chief executive officer of the board of the secondary school district or separate school zone, as the case may be, of which the pupil is qualified to be a resident pupil of the fact of the admission and of the information included in the statement.  1997, c. 31, s. 19. Same (4) Where the board that operates the school to which admission is sought has no chief executive officer, the notice required by subsection (3) shall be sent to the secretary of the board.  1997, c. 31, s. 19. Section Amendments with date in force (d/m/y) 1997, c. 31, s. 19 - 01/01/1998 2021, c. 4, Sched. 11, s. 7 (1) - 19/04/2021
PART II SCHOOL ATTENDANCE
Admission to secondary school
41 (1) Where a pupil has been promoted from elementary school, the pupil shall be admitted to secondary school.  1997, c. 31, s. 20. Same (2) A person who has not been promoted from elementary school shall be admitted to a secondary school if the principal of the secondary school is satisfied that the applicant is competent to undertake the work of the school.  1997, c. 31, s. 20. Where admission denied (3) Where an applicant for admission to a secondary school under subsection (2) is denied admission by the principal, the applicant may appeal to the board and the board may, after a hearing, direct that the applicant be admitted or refused admission to a secondary school.  1997, c. 31, s. 20. Committee to perform board functions (4) The board, by resolution, may direct that the powers and duties of the board under subsection (3) shall be exercised and performed by a committee of at least three members of the board named in the resolution or designated from time to time in accordance with the resolution.  1997, c. 31, s. 20. Alternative course or program (5) Where the pupil has clearly demonstrated to the principal that the pupil is not competent to undertake a particular course or program of studies, the principal shall not permit the pupil to undertake the course or program, in which case the pupil may take a prerequisite course, or select with the approval of the principal an appropriate alternative course or program provided that, where the pupil is a minor, the consent of the pupil’s parent or guardian has been obtained.  1997, c. 31, s. 20; 2021, c. 4, Sched. 11, s. 7 (1). Admission to continuing education class (6) A person is entitled to enrol in a continuing education course or class that is acceptable for credit towards a secondary school diploma if the principal is satisfied that the person is competent to undertake the work of the course or class.  1997, c. 31, s. 20. Section Amendments with date in force (d/m/y) 1997, c. 31, s. 20 - 01/01/1998 2021, c. 4, Sched. 11, s. 7 (1) - 19/04/2021 Movement between types of boards: secondary school
PART II SCHOOL ATTENDANCE
Movement between types of boards: overlapping areas
43 (1) A French-speaking person who is qualified to be a resident pupil of an English-language public board is entitled to receive instruction provided by a French-language public district school board if the area of jurisdiction of the English-language board is in whole or in part the same as the area of jurisdiction of the French-language board.  1997, c. 31, s. 21. Movement from French-language public district school board to English-language public board (2) A person who is qualified to be a resident pupil of a French-language public district school board is entitled to receive instruction provided by an English-language public board if the area of jurisdiction of the French-language board is in whole or in part the same as the area of jurisdiction of the English-language board.  1997, c. 31, s. 21. Movement from English-language Roman Catholic board to French-language separate district school board (3) A French-speaking person who is qualified to be a resident pupil of an English-language Roman Catholic board is entitled to receive instruction provided by a French-language separate district school board if the area of jurisdiction of the English-language board is in whole or in part the same as the area of jurisdiction of the French-language board.  1997, c. 31, s. 21. Movement from French-language separate district school board to English-language Roman Catholic board (4) A person who is qualified to be a resident pupil of a French-language separate district school board is entitled to receive instruction provided by an English-language Roman Catholic board if the area of jurisdiction of the French-language board is in whole or in part the same as the area of jurisdiction of the English-language board.  1997, c. 31, s. 21. Fee (5) The board of which the person is qualified to be a resident pupil shall pay the fee, if any, to which the other board is entitled for providing education under this section.  1997, c. 31, s. 21. Amount (6) The fee to which a board is entitled under this section is the fee, if any, payable for the purpose under the regulations or such lesser amount as may be set by the board.  1997, c. 31, s. 21. Section Amendments with date in force (d/m/y) 1997, c. 31, s. 21 - 01/01/1998
PART II SCHOOL ATTENDANCE
Regulations: supporter non-resident attendance rights
43.1 (1) The Lieutenant Governor in Council may make regulations governing the rights of a person to attend a school operated by a board where the person does not reside in the area of jurisdiction of the board but the person or the person’s parent or guardian owns property assessed for school purposes in the board’s area of jurisdiction.  1997, c. 31, s. 21; 2021, c. 4, Sched. 11, s. 7 (1). General or particular (2) A regulation made under subsection (1) may be general or particular.  1997, c. 31, s. 21. Right to continue to attend in certain circumstances (3) A pupil who, on December 31, 1997, is enrolled in a school that he or she has a right to attend under clause 33 (1) (b), 33 (2) (b) or 40 (1) (b) of this Act, as it read on December 31, 1997 and who on January 1, 1998, because of the repeal of those clauses, no longer has the right to attend the school under any other provision of this Part, has the right to continue to attend the school so long as the pupil, or the pupil’s parent or guardian, continues to be the owner of the property or the owner or tenant of the business property in respect of which the pupil acquired the attendance right.  1997, c. 31, s. 21; 2021, c. 4, Sched. 11, s. 7 (1). Exception (4) A right under subsection (3) is extinguished if the school becomes another type of school within the meaning of subsection 37 (2).  2009, c. 25, s. 6. Section Amendments with date in force (d/m/y) 1997, c. 31, s. 21 - 01/01/1998 2009, c. 25, s. 6 - 15/12/2009 2021, c. 4, Sched. 11, s. 7 (1) - 19/04/2021
PART II SCHOOL ATTENDANCE
Regulations: non-supporter resident – attendance rights based on business property
43.2 (1) The Lieutenant Governor in Council may make regulations governing the rights of a person to attend a school operated by a board where, (a) the person and the person’s parent or guardian reside in the area of jurisdiction of the board; (b) the person and the person’s parent or guardian are not a supporter of any board the area of jurisdiction of which includes the residence of the person or of the person’s parent or guardian; and (c) the person or the person’s parent or guardian is the owner or tenant of business property in the area of jurisdiction of the board.  1997, c. 31, s. 21; 2021, c. 4, Sched. 11, s. 7 (1). General or particular (2) A regulation made under this section may be general or particular.  1997, c. 31, s. 21. Section Amendments with date in force (d/m/y) 1997, c. 31, s. 21 - 01/01/1998 2021, c. 4, Sched. 11, s. 7 (1) - 19/04/2021
PART II SCHOOL ATTENDANCE
Regulations: attendance rights of 16 and 17 year olds
43.3 (1) The Lieutenant Governor in Council may make regulations prescribing circumstances in which a person who would otherwise be qualified as a resident pupil under clauses 36 (1) (a.1), 36 (2) (a.1), 36 (3) (a.1) and 36 (4) (a.1) shall not be so qualified.  2006, c. 28, s. 10. General or particular (2) A regulation under this section may be general or particular.  2006, c. 28, s. 10. Section Amendments with date in force (d/m/y) 2006, c. 28, s. 10 - 20/12/2006
PART II SCHOOL ATTENDANCE
Admission where pupil moves into residence not assessed in accordance with his or her school support
44 Where a child who would otherwise have the right to attend school in a school section, separate school zone or secondary school district moves with his or her parent or guardian to a residence the assessment of which does not support that right, and the latest date on which the assessment of the residence may be changed has passed, on the filing of a notice of change of support for the following year with the appropriate assessment commissioner, the child shall be admitted, without the payment of a fee, to a school that will be supported by the taxes on the assessment of the residence on the effective date of the change of school support.  1997, c. 31, s. 22; 2021, c. 4, Sched. 11, s. 7 (1). Section Amendments with date in force (d/m/y) 1997, c. 31, s. 22 - 01/01/1998 2021, c. 4, Sched. 11, s. 7 (1) - 19/04/2021
PART II SCHOOL ATTENDANCE
Admission where one parent is sole support
45 (1) Subject to subsection (2), where, for any reason, one parent of a person is the sole support of the person, and that parent, (a) resides in a residence in Ontario that is not assessed for the purposes of any board; and (b) boards the person in a residence that is not a children’s residence as defined in Part IX (Residential Licensing) of the Child, Youth and Family Services Act, 2017, the person shall, if otherwise qualified to be a resident pupil, be deemed to be qualified to be a resident pupil in respect of, (c) a school section, if the residence is situate in the school section and the taxes on its assessment are directed to the support of public schools; (d) a separate school zone, if the person is a Roman Catholic and the residence is situate in the separate school zone and the taxes on its assessment are directed to the support of separate schools; or (e) a secondary school district, if the residence is situate in the secondary school district and the taxes on its assessment are directed to the support of public schools.  1997, c. 31, s. 22; 2017, c. 14, Sched. 4, s. 13 (1); 2021, c. 4, Sched. 11, s. 7 (4). Exception: French-language rights (2) No person has the right under subsection (1) to attend a French-language instructional unit operated by a board unless the person is a French-speaking person.  1997, c. 31, s. 22. Section Amendments with date in force (d/m/y) 1997, c. 31, s. 22 - 01/01/1998 2017, c. 14, Sched. 4, s. 13 (1) - 30/04/2018 2021, c. 4, Sched. 11, s. 7 (4) - 19/04/2021
PART II SCHOOL ATTENDANCE
Tax exempt land
46 (1) A person who resides in a school section, separate school zone or secondary school district in which the person’s parent or guardian resides, on land that is exempt from taxation for the purposes of any board, is not qualified to be a resident pupil of the school section, separate school zone or secondary school district, unless the person or his or her parent or guardian is assessed with respect to other property for the purposes of a board in the school section, separate school zone or secondary school district.  1997, c. 31, s. 22; 2021, c. 4, Sched. 11, s. 7 (1). Resident on land exempt from taxation (2) Subject to subsection (3), a person whose education is not otherwise provided for and who is otherwise qualified to attend an elementary or secondary school and who resides on land that is exempt from taxation for the purposes of any board shall be admitted to a school that is accessible to the person where the appropriate supervisory officer has certified that there is sufficient accommodation for the person in the school for the current year.  1997, c. 31, s. 22. Fee (3) The fee, if any, that is payable under the regulations in respect of a person’s attendance under subsection (2) shall, except where the regulations provide otherwise in respect of such fees, be prepaid monthly by the person or by his or her parent or guardian.  1997, c. 31, s. 22; 2021, c. 4, Sched. 11, s. 7 (1). Section Amendments with date in force (d/m/y) 1997, c. 31, s. 22 - 01/01/1998 2021, c. 4, Sched. 11, s. 7 (1) - 19/04/2021