Education for Indians
3. (1) This section applies in respect of a pupil who is enrolled in a day school program in a school operated by a district school board or an isolate board if a fee in respect of the pupil is receivable by the board from, (a) the Crown in right of Canada; or (b) a band, the council of a band or an education authority where the band, council of a band or education authority is authorized by the Crown in right of Canada to provide education for Indians. O. Reg. 138/03, s. 3 (1). (2) The fee in respect of the pupil is calculated by multiplying the day school A.D.E. of the pupil by the sum of the P.A.C. for the pupil and the base fee determined, (a) under subsection (3), in the case of a pupil who is an elementary school pupil enrolled in a school operated by a district school board; (b) under subsection (4), in the case of a pupil who is a secondary school pupil enrolled in a school operated by a district school board; or (c) under subsection (6), in the case of a pupil who is enrolled in a school operated by an isolate board. O. Reg. 138/03, s. 3 (2). (3) The base fee for an elementary school pupil enrolled in a school operated by a district school board is determined as follows: 1. Take the sum of, i. the board’s base amount for elementary school pupils for the fiscal year, as determined under paragraph 1 of subsection 13 (2) of the grant regulation, and ii. the product of $200 multiplied by the day school A.D.E. for the board, counting only elementary school pupils of the board. 2. Determine an amount on account of the special education allocation for elementary school pupils, as follows: i. Take the day school A.D.E. for the board, counting only pupils enrolled in junior kindergarten, kindergarten and grades one to three. ii. Multiply the number determined under subparagraph i by $562, to obtain the enrolment-based special education amount for junior kindergarten to grade three. iii. Take the day school A.D.E. for the board, counting only pupils enrolled in any of grades four to eight. iv. Multiply the number determined under subparagraph iii by $424, to obtain the enrolment-based special education amount for grades four to eight. v. Calculate the sum of the approved ISA level 1 claims for elementary school pupils of the board for the fiscal year, as determined under section 16 of the grant regulation. vi. Calculate the part of the total approved special incidence ISA claims for the board for the fiscal year, as determined under section 19 of the grant regulation, that is generated by elementary school pupils of the board. vii. Calculate the total of the portion of the ISA level 2 claim for the board for the fiscal year that is generated by elementary school pupils of the board and the portion of the ISA level 3 claim for the board for the fiscal year that is generated by elementary school pupils of the board. viii. Total the amounts obtained under subparagraphs ii, iv, v, vi and vii. 3. In the case of an English-language district school board, determine an amount on account of the language allocation for elementary school pupils, as follows: i. Take the French as a second language amount for elementary school pupils of the board for the fiscal year, as determined under section 23 of the grant regulation. ii. Calculate the part of the ESL/ESD amount for the board that is generated by elementary school pupils of the board, as follows: A. Multiply $3,140 by the total of the amounts that would be determined under clauses 25 (1) (a) to (c) of the grant regulation if only elementary school pupils of the board were counted. B. Take the amount set out for the board in Table 1 of the grant regulation opposite the name of the board. C. Divide the amount referred to in sub-subparagraph B by the day school A.D.E. for the board, counting only pupils of the board. D. Multiply the result obtained under sub-subparagraph C by the day school A.D.E. for the board, counting only elementary school pupils of the board. E. Add the amounts calculated under sub-subparagraphs A and D. iii. Add the amount referred to in subparagraph i and the amount determined under subparagraph ii. 4. In the case of a French-language district school board, determine an amount on account of the language allocation for elementary school pupils, as follows: i. Multiply by $428 the number of elementary school pupils of the board on October 31, 2003. ii. Divide the ALF funding level for the board for the fiscal year, as determined under section 28 of the grant regulation, by the total number of elementary and secondary instructional units for ALF purposes for the fiscal year, as determined for the board under that section. Multiply the result by the total number of elementary instructional units for ALF purposes. iii. Calculate the part of the PDF funding level for the board for the fiscal year, as determined under section 28 of the grant regulation, that is generated by elementary school pupils of the board. iv. Total the amounts determined under subparagraphs i, ii and iii. 5. Add the total of the amounts determined for each distant elementary school of the board for the fiscal year under paragraph 1 of subsection 29 (3) of the grant regulation and the elementary school principals amount for the board for the fiscal year as determined under subsection 29 (14) of the grant regulation. 6. Determine an amount on account of the remote and rural allocation for elementary school pupils, as follows: i. Divide the amount of the board’s remote and rural allocation for the year, as determined under section 30 of the grant regulation, by the day school A.D.E. for the board, counting only pupils of the board. ii. Multiply the amount determined under subparagraph i by the day school A.D.E. for the board, counting only elementary school pupils of the board. 7. Determine an amount on account of the learning opportunities allocation for elementary school pupils, as follows: i. Take the total of, A. the amount set out in Column 2 of Table 4 of the grant regulation opposite the name of the board, B. the amount determined for the board under paragraph 4 of subsection 31 (4) of the grant regulation, and C. $138,900. ii. Divide the amount determined under subparagraph i by the day school A.D.E. for the board, counting only pupils of the board. iii. Multiply the amount determined under subparagraph ii by the day school A.D.E. for the board, counting only elementary school pupils of the board. iv. Multiply the day school A.D.E. for the board, counting only pupils enrolled in junior kindergarten, kindergarten and grades one to three, by $122. v. Take the total of, A. the amount determined for the board under paragraph 2 of subsection 31 (4) of the grant regulation, and B. the amount determined for the board under paragraph 8 of subsection 31 (4) of the grant regulation. vi. Add the amounts determined under subparagraphs iii, iv and v. 8. Take the amount of the board’s elementary school teacher qualification and experience allocation for the fiscal year, as determined under section 33 of the grant regulation. 9. Take the amount of the board’s early learning allocation for the fiscal year, as determined under section 34 of the grant regulation. 10. Determine an amount on account of the administration and governance allocation for elementary school pupils, as follows: i. Divide the amount of the board’s administration and governance allocation for the fiscal year, as determined under section 36 of the grant regulation, by the day school A.D.E. for the board, counting only pupils of the board. ii. Multiply the amount determined under subparagraph i by the day school A.D.E. for the board, counting only elementary school pupils of the board. 11. Determine an amount on account of the school operations part of the pupil accommodation allocation for elementary school pupils by multiplying the benchmark operating cost of $58.56 per metre squared, i. by the adjusted elementary school area requirement for the board determined under section 37 of the grant regulation, if a supplementary elementary school area factor is approved for the board under that section, or ii. by the elementary school area requirement for the board determined under section 37 of the grant regulation, if no supplementary elementary school area factor is approved for the board under that section. 12. Take the amount of the board’s total top up amount for elementary school operations for the fiscal year, as determined under section 37 of the grant regulation. 13. Determine an amount on account of the board’s adjustment for declining enrolment in respect of elementary school pupils by, i. dividing the amount of the board’s adjustment for declining enrolment, if any, as determined under section 39 of the grant regulation, by the day school A.D.E. for the board, counting only pupils of the board, and ii. multiplying the amount determined under subparagraph i by the day school A.D.E. for the board, counting only elementary school pupils of the board. 14. Total the amounts determined for the board under paragraphs 1 to 13. 15. Deduct the portion of the board’s OMERS savings, within the meaning of section 1 of the grant regulation, that is reasonably attributed by the board to elementary school pupils from the amount determined under paragraph 14 and divide the resulting amount by the day school A.D.E. for the board, counting only elementary school pupils of the board. O. Reg. 138/03, s. 3 (3); O. Reg. 354/03, s. 1 (1, 2); O. Reg. 402/03, s. 1; O. Reg. 141/04, s. 1. (4) The base fee for a pupil who is a secondary school pupil enrolled in a school operated by a district school board is determined as follows: 1. Take the sum of, i. the board’s base amount for secondary school pupils for the fiscal year, as determined under paragraph 2 of subsection 13 (2) of the grant regulation, and ii. the product of $200 multiplied by the day school A.D.E. for the board, counting only secondary school pupils of the board. 2. Determine an amount on account of the special education allocation for secondary school pupils, as follows: i. Determine the day school A.D.E. of the board, counting only secondary school pupils of the board. ii. Multiply the number determined under subparagraph i by $274. iii. Calculate the sum of the approved ISA level 1 claims for secondary school pupils of the board for the fiscal year, as determined under section 16 of the grant regulation. iv. Calculate the part of the total approved special incidence ISA claims for the board for the fiscal year, as determined under section 19 of the grant regulation, that is generated by secondary school pupils of the board. v. Calculate the total of the portion of the ISA level 2 claim for the board for the fiscal year that is generated by secondary school pupils of the board and the portion of the ISA level 3 claim for the board for the fiscal year that is generated by secondary school pupils of the board. vi. Total the amounts obtained under subparagraphs ii, iii, iv and v. 3. In the case of an English-language district school board, determine an amount on account of the language allocation for secondary school pupils, as follows: i. Take the French as a second language amount for secondary school pupils of the board for the fiscal year, as determined under section 23 of the grant regulation. ii. Calculate the part of the ESL/ESD amount for the board that is generated by secondary school pupils of the board, as follows: A. Calculate the part of the ESL/ESD amount for the board, as calculated under section 25 of the grant regulation, that is generated by secondary school pupils of the board. B. Take the amount set out for the board in Table 1 of the grant regulation opposite the name of the board. C. Divide the amount referred to in sub-subparagraph B by the day school A.D.E. for the board, counting only pupils of the board. D. Multiply the result obtained under sub-subparagraph C by the day school A.D.E. for the board, counting only secondary school pupils of the board. E. Add the amounts calculated under sub-subparagraphs A and D. iii. Add the amount referred to in subparagraph i and the amount determined under subparagraph ii. 4. In the case of a French-language district school board, determine an amount on account of the language allocation for secondary school pupils, as follows: i. Multiply $691 by the day school ADE, counting only secondary school pupils of the board. ii. Divide the ALF funding level for the board for the fiscal year, as determined under section 28 of the grant regulation, by the total number of elementary and secondary instructional units for ALF purposes for the fiscal year, as determined for the board under that section. Multiply the result by the total number of secondary instructional units for ALF purposes. iii. Calculate the part of the PDF funding level for the board for the fiscal year, as determined under section 28 of the grant regulation, that is generated by secondary school pupils of the board. iv. Total the amounts determined under subparagraphs i, ii and iii. 5. Add the total of the amounts determined for each distant secondary school of the board for the fiscal year under paragraph 2 of subsection 29 (3) of the grant regulation and the secondary school principals amount for the board for the fiscal year as determined under subsection 29 (15) of the grant regulation. 6. Determine an amount on account of the remote and rural allocation for secondary school pupils, as follows: i. Divide the amount of the board’s remote and rural allocation for the fiscal year, as determined under section 30 of the grant regulation, by the day school A.D.E. for the board, counting only pupils of the board. ii. Multiply the amount determined under subparagraph i by the day school A.D.E. for the board, counting only secondary school pupils of the board. 7. Determine an amount on account of the learning opportunities allocation for secondary school pupils, as follows: i. Take the total of, A. the amount set out in Column 2 of Table 4 of the grant regulation opposite the name of the board, B. the amount determined for the board under paragraph 4 of subsection 31 (4) of the grant regulation, and C. $138,900. ii. Divide the amount determined under subparagraph i by the day school A.D.E. for the board, counting only pupils of the board. iii. Multiply the amount determined under subparagraph ii by the day school A.D.E. for the board, counting only secondary school pupils of the board. iv. Take the total of, A. the amount determined for the board under paragraph 1 of subsection 31 (4) of the grant regulation, and B. the amount determined for the board under paragraph 6 of subsection 31 (4) of the grant regulation. v. Add the amounts determined under subparagraphs iii and iv. 8. Take the amount of the board’s secondary school teacher qualification and experience allocation for the fiscal year, as determined under section 33 of the grant regulation. 9. Determine an amount on account of the administration and governance allocation for secondary school pupils, as follows: i. Divide the amount of the board’s administration and governance allocation for the fiscal year, as determined under section 36 of the grant regulation, by the day school A.D.E. for the board, counting only pupils of the board. ii. Multiply the amount determined under subparagraph i by the day school A.D.E. for the board, counting only secondary school pupils of the board. 10. Determine an amount on account of the school operations part of the pupil accommodation allocation for secondary school pupils, by multiplying the benchmark operating cost of $58.56 per metre squared, i. by the adjusted secondary school area requirement for the board determined under section 37 of the grant regulation, if a supplementary secondary school area factor is approved for the board under that section, or ii. by the secondary school area requirement for the board determined under section 37 of the grant regulation, if no supplementary secondary school area factor is approved for the board under that section. 11. Take the amount of the board’s total top up amount for secondary school operations for the fiscal year, as determined under section 37 of the grant regulation. 12. Determine an amount on account of the board’s adjustment for declining enrolment in respect of secondary school pupils by, i. dividing the amount of the board’s adjustment for declining enrolment, if any, as determined under section 39 of the grant regulation, by the day school A.D.E. for the board, counting only pupils of the board, and ii. multiplying the amount determined under subparagraph i by the day school A.D.E. for the board, counting only secondary school pupils of the board. 13. Total the amounts determined for the board under paragraphs 1 to 12. 14. Deduct the portion of the board’s OMERS savings, within the meaning of section 1 of the grant regulation, that is reasonably attributed by the board to secondary school pupils from the amount determined under paragraph 13 and divide the resulting amount by the day school A.D.E. for the board, counting only secondary school pupils of the board. O. Reg. 138/03, s. 3 (4); O. Reg. 354/03, s. 1 (3, 4); O. Reg. 141/04, s. 1. (5) For the purposes of subsections (3) and (4), the sum of the portion of the board’s OMERS savings attributable by the board to elementary school pupils and the portion of the board’s OMERS savings attributable by the board to secondary school pupils must not exceed the amount of the board’s OMERS savings within the meaning of section 1 of the grant regulation. O. Reg. 138/03, s. 3 (5). (6) The base fee for a pupil who is enrolled in a school operated by an isolate board is determined as follows: 1. Take the approved expenditure of the board within the meaning of subsection 46 (1) of the grant regulation. 2. Deduct the amount of the approved expenditure referred to in paragraph 1 that relates to transportation. 3. Deduct the amount of the approved expenditure referred to in paragraph 1 that relates to school renewal. 4. Divide the amount obtained under paragraph 3 by the day school A.D.E. for the board, counting only pupils of the board. O. Reg. 138/03, s. 3 (6). (7) The fee in respect of a pupil described in subsection (1) who is enrolled in a Native language program in a school operated by a district school board and whose fee is receivable from an entity described in clause (1) (a) or (b), may be increased, at the option of the district school board, by an amount equal to the allocation for Native language that would be generated for the pupil if he or she were a pupil of the board, determined in accordance with section 24 of the grant regulation. O. Reg. 138/03, s. 3 (7). (8) The fee in respect of a pupil described in subsection (1) who is enrolled in a high cost program may be increased, at the option of the board, to the amount determined by multiplying the fee that would otherwise be payable, (a) by a factor agreed on by the board providing the instruction and the party from whom the fee is receivable; or (b) by a factor determined in the manner described in subsection (9) if the board and the party cannot agree on a factor. O. Reg. 138/03, s. 3 (8). (9) If the board providing the instruction and the party from whom the fee is receivable cannot agree on a factor, the factor shall be determined by three arbitrators, appointed as follows: 1. One arbitrator appointed by the board that provides the instruction. 2. One arbitrator appointed by the party from whom the fee is receivable. 3. One arbitrator appointed by the arbitrators appointed under paragraphs 1 and 2. O. Reg. 138/03, s. 3 (9). (10) The decision of the arbitrators or a majority of them is final and binding on the board providing the instruction and on the party from whom the fee is receivable. O. Reg. 138/03, s. 3 (10). (11) This section does not apply in respect of a pupil to whom subsection 49 (6) of the Act applies. O. Reg. 138/03, s. 3 (11).