Special Education Allocation
19. (1) For the purposes of paragraph 4 of section 14, the programs in facilities amount for a board is the total of the amounts determined under this section for each education program provided by the board in a facility described or named in subsection (2) where, (a) the facility is located within the area of jurisdiction of the board; (b) the board employs a teacher to provide the education program; (c) no education program is provided by any Ministry in the facility; (d) the board has entered into a written agreement with the facility setting out, (i) the responsibilities of the facility for the provision of accommodation, and (ii) the responsibilities of the board for the provision of the education program, including the number of teachers to be employed by the board for the purposes of the program; and (e) the Minister, (i) is satisfied that the agreement referred to in clause (d) adequately sets out the responsibilities of the board and the facility, (ii) has approved the board’s staffing plan for the program, and (iii) is satisfied that there is a need for the provision of such a program by the board in the facility. O. Reg. 170/00, s. 19 (1). (2) The following are facilities for the purposes of this section: 1. A psychiatric facility. 2. An approved charitable institution as defined in the Charitable Institutions Act. 3. An agency approved under subsection 8 (1) of the Child and Family Services Act. 4. An approved home as defined in the Homes for Retarded Persons Act as it read immediately before it was repealed by the Homes for Retarded Persons Repeal Act, 2001. 5. A place of temporary detention, open custody or secure custody continued or established under section 89 of the Child and Family Services Act. 6. A home for special care licensed under the Homes for Special Care Act. 7. A hospital approved by the Minister. 8. A nursing home approved or licensed under the Nursing Homes Act. 9. A correctional institution as defined in the Ministry of Correctional Services Act. 10. A place of secure or open custody or a place of temporary detention designated for the purposes of the Young Offenders Act (Canada). O. Reg. 170/00, s. 19 (2); O. Reg. 393/05, s. 1. (3) Subject to subsections (5) and (7), the amount for an education program referred to in subsection (1) shall be determined as follows: 1. Determine the expenditure of the board in the 2000-2001 fiscal year for salary and employee benefits of teachers employed by the board to provide the program. The amount determined under this paragraph shall not exceed the amount that could be expended by the board for salary and employee benefits of teachers under the staffing plan referred to in clause (1) (e). 2. Multiply the number of full-time equivalent teachers employed by the board to provide the program by $2,500. For the purposes of this paragraph, the counting practices usually followed by the board for staffing purposes shall be followed. 3. Determine the expenditure of the board in the 2000-2001 fiscal year for salary and employee benefits of teacher assistants employed by the board to assist teachers in providing the program. The amount determined under this paragraph shall not exceed the amount that could be expended by the board for salary and employee benefits of teacher assistants under the staffing plan referred to in clause (1) (e). 4. Multiply the number of full-time equivalent teacher assistants employed by the board to assist teachers in providing the program by $1,220. For the purposes of this paragraph, the counting practices usually followed by the board for staffing purposes shall be followed. 5. Determine the expenditure of the board in the 2000-2001 fiscal year for the purchase of furniture or equipment for any classroom used in the program. The amount determined for a classroom under this paragraph, added to the total of any amounts received under any predecessor of this paragraph for the classroom, shall not exceed $3,300 unless the amount is approved by the Minister. 6. Total the amounts determined under paragraphs 1 to 5. O. Reg. 170/00, s. 19 (3). (4) Subsection (5) applies where, (a) the circumstances described in clauses (1) (a) to (e) apply; and (b) the education program was previously provided in the facility by the Ministry. O. Reg. 170/00, s. 19 (4). (5) Subject to subsection (7), in the circumstances described in subsection (4), the amount referred to in subsection (1) shall be an amount equal to the cost for the program that is proposed by the board and approved by the Minister, instead of the amount determined under subsection (3). O. Reg. 170/00, s. 19 (5). (6) In giving approvals under clause (1) (e) and subsection (5), the Minister shall ensure that the total of the amounts calculated for all boards under subsections (1) to (5) does not exceed $67 million. O. Reg. 170/00, s. 19 (6). (7) The amount determined for an education program under subsection (3) or (5) shall be reduced by the amount specified by the Minister under subsection (8) if the program, (a) operates on a smaller scale than was projected in the materials submitted by the board for consideration by the Minister for the purposes of clause (1) (e); (b) does not operate during the 2000-2001 school year; or (c) ceases to operate during the 2000-2001 school year. O. Reg. 170/00, s. 19 (7). (8) For the purposes of subsection (7), the Minister shall specify an amount, if any, that in his or her opinion is appropriate having regard to the reasonable costs of the board in connection with the program. O. Reg. 170/00, s. 19 (8).