Pupil Accommodation Allocation
38. (1) For the purposes of this section, (a) a school of a board is an elementary school if it has been identified as such by the board in accordance with the Ministry publication entitled “Data Collection Instruction Guide for the School Facilities Inventory Database”, dated January, 1998; and (b) a school of a board is a secondary school if it has been identified as such by the board in accordance with the Ministry publication entitled “Data Collection Instruction Guide for the School Facilities Inventory Database”, dated January, 1998. O. Reg. 214/99, s. 38 (1); O. Reg. 167/00, s. 5 (1, 2). (2) For the purposes of paragraph 2 of section 11, the amount of the pupil accommodation allocation for a district school board shall be determined as follows: 1. Determine the amount for the board for school operations, in accordance with subsection (3). 2. Determine the amount for the board for school renewal, in accordance with subsection (10). 3. Determine the amount for the board for new pupil places, in accordance with subsection (11). 4. Determine the amount for the board for outstanding capital commitments, in accordance with subsection (21). 5. Total the amounts determined under paragraphs 1, 2, 3 and 4. O. Reg. 214/99, s. 38 (2). (3) The amount for the board for school operations shall be determined as follows: 1. Determine the 1999-2000 day school average daily enrolment of elementary school pupils of the board. 2. Multiply the number determined under paragraph 1 by the benchmark area requirement per pupil of 9.29 metres squared, to obtain the elementary school area requirement for the board. 3. Determine the adjusted elementary school area requirement for the board in metres squared, by applying, to the amount determined under paragraph 2, the supplementary elementary school area factor, if any, approved for the board by the Minister in accordance with subsections (4) and (5). 4. Determine the day school average daily enrolment for the board for the 1999-2000 fiscal year, in accordance with section 2 of the 1999-2000 day school A.D.E. regulation, counting only pupils who are 21 years of age or more on December 31, 1999. 5. Determine the continuing education average daily enrolment for the board for the 1999-2000 fiscal year, in accordance with section 3 of the 1999-2000 A.D.E. regulation, counting only pupils enrolled in a course for which the pupil may earn a credit and in which instruction is given between 8 a.m. and 5 p.m. and excluding, i. pupils enrolled in a continuing education course delivered primarily through means other than classroom instruction, ii. pupils to whom subsection 49 (6) of the Act applies, and iii. pupils in respect of whom the board charges a fee under subsection 8 (2) of the 1999-2000 fees regulation. 6. Determine the summer school average daily enrolment for the board for the 1999-2000 fiscal year, in accordance with section 4 of the 1999-2000 A.D.E. regulation, excluding, i. pupils to whom subsection 49 (6) of the Act applies, and ii. pupils in respect of whom the board charges a fee under subsection 8 (3) of the 1999-2000 fees regulation. 7. Add the numbers determined under paragraphs 4, 5 and 6. 8. Multiply the total determined under paragraph 7 by the benchmark area requirement per pupil of 9.29 metres squared, to obtain the adult education, continuing education and summer school area requirement for the board. 9. Determine the adjusted adult education, continuing education and summer school area requirement for the board in metres squared, by applying, to the amount determined under paragraph 8, the supplementary adult education, continuing education and summer school area factor, if any, approved for the board by the Minister in accordance with subsection (6). 10. Determine the 1999-2000 day school average daily enrolment of secondary school pupils of the board. 11. Multiply the number determined under paragraph 10 by the benchmark area requirement per pupil of 12.07 metres squared, to obtain the secondary school area requirement for the board. 12. Determine the adjusted secondary school area requirement for the board in metres squared, by applying, to the amount determined under paragraph 11, the supplementary secondary school area factor, if any, approved for the board by the Minister in accordance with subsection (9). 13. Obtain the adjusted total area requirement for the board in metres squared by adding the following amounts: i. The elementary school area requirement for the board determined under paragraph 2 or, where the Minister approves a supplementary elementary school area factor for the board, the adjusted elementary school area requirement for the board determined under paragraph 3. ii. The adult education, continuing education and summer school area requirement for the board determined under paragraph 8 or, where the Minister approves a supplementary adult education, continuing education and summer school area factor for the board, the adjusted adult education, continuing education and summer school area requirement for the board determined under paragraph 9. iii. The secondary school area requirement for the board determined under paragraph 11 or, where the Minister approves a supplementary secondary school area factor for the board, the adjusted secondary school area requirement for the board determined under paragraph 12. 14. Multiply the number obtained under paragraph 13 by the benchmark operating cost of $55.97 per metre squared. 15. For each elementary school of the board, calculate a top up amount for school operations, as follows: i. Determine the 1999-2000 day school average daily enrolment of pupils of the board, counting only pupils of the board enrolled in the school. ii. Determine the capacity of the school, in terms of pupil places, in accordance with subsection (16). However, the capacity of a school for which the number determined under subparagraph i is zero shall be deemed, for the purposes of this paragraph, to be zero. iii. Multiply the number determined under subparagraph i by the benchmark area requirement per pupil of 9.29 metres squared. iv. Multiply the number determined under subparagraph iii by the benchmark operating cost of $55.97 per metre squared. v. Multiply the number determined under subparagraph iv by the supplementary elementary school area factor, if any, approved for the board by the Minister in accordance with subsections (4) and (5). vi. If the school is not a school to which subsection 29 (8) or (9) applies, take the amount, if any, determined under paragraph 3 of subsection 29 (11) for the school. vii. Multiply the amount taken under subparagraph vi by 0.25. viii. If the school is a school to which subsection 29 (8) or (9) applies, take the amount determined under paragraph 3 of subsection 29 (11) for the group of schools of which the school is a part. ix. Multiply the amount taken under subparagraph viii by the day school full-time equivalent enrolment for the board as of October 31, 1999, counting only the pupils of the board enrolled in the school. x. Divide the product obtained under subparagraph ix by the day school full-time equivalent enrolment for the board as of October 31, 1999, counting only the pupils of the board enrolled in the group of schools of which the school is a part. xi. Multiply the quotient obtained under subparagraph x by 0.25. xii. Total the numbers determined under subparagraphs v, vii and xi. xiii. Multiply the capacity of the school, in terms of pupil places, as determined under subparagraph ii, by the benchmark area requirement per pupil of 9.29 metres squared. xiv. Multiply the number determined under subparagraph xiii by the benchmark operating cost of $55.97 per metre squared. xv. Multiply the number determined under subparagraph xiv by the supplementary elementary school area factor, if any, approved for the board by the Minister in accordance with subsections (4) and (5). xvi. Multiply the number determined under subparagraph xv by 0.2. xvii. Subtract the number determined under subparagraph xii from the number determined under subparagraph xv. xviii. If the number determined under subparagraph xvii is zero or a negative number or if the number determined under subparagraph i is zero, the top up amount for school operations for the school is zero. Otherwise, the top up amount for school operations for the school is the lesser of the number determined under subparagraph xvi and the number determined under subparagraph xvii. 16. Total the top up amounts for school operations determined under paragraph 15 for each of the elementary schools of the board. 17. For each secondary school of the board, calculate a top up amount for school operations, as follows: i. Determine the 1999-2000 day school average daily enrolment of pupils of the board, counting only pupils of the board enrolled in the school. ii. Determine the capacity of the school, in terms of pupil places, in accordance with subsection (17). However, the capacity of a school for which the number determined under subparagraph i is zero shall be deemed, for the purposes of this paragraph, to be zero. iii. Multiply the number determined under subparagraph i by the benchmark area requirement per pupil of 12.07 metres squared. iv. Multiply the number determined under subparagraph iii by the benchmark operating cost of $55.97 per metre squared. v. Multiply the number determined under subparagraph iv by the supplementary secondary school area factor, if any, approved for the board by the Minister in accordance with subsection (9). vi. Take the amount, if any, determined for the school under paragraph 7 of subsection 29 (11). vii. Multiply the amount taken under subparagraph vi by 0.25. viii. Add the number determined under subparagraph vii to the number determined under subparagraph v. ix. Multiply the capacity of the school, in terms of pupil places, as determined under subparagraph ii, by the benchmark area requirement per pupil of 12.07 metres squared. x. Multiply the number determined under subparagraph ix by the benchmark operating cost of $55.97 per metre squared. xi. Multiply the number determined under subparagraph x by the supplementary secondary school area factor, if any, approved for the board by the Minister in accordance with subsection (9). xii. Multiply the number determined under subparagraph xi by 0.2. xiii. Subtract the number determined under subparagraph viii from the number determined under subparagraph xi. xiv. If the number determined under subparagraph xiii is zero or a negative number or if the number determined under subparagraph i is zero, the top up amount for school operations for the school is zero. Otherwise, the top up amount for school operations for the school is the lesser of the number determined under subparagraph xii and the number determined under subparagraph xiii. 18. Total the top up amounts for school operations determined under paragraph 17 for each of the secondary schools of the board. 19. Total the amounts determined for the board under paragraphs 14, 16 and 18 to obtain the amount for the board for school operations. O. Reg. 214/99, s. 38 (3). (4) For the purposes of paragraph 3 of subsection (3), the Minister shall approve a supplementary elementary school area factor for a board if the Minister considers that it is appropriate to do so in order to make allowance for disproportionate space needs that are particular to the board and that are caused by, (a) the fact that the board is reasonably operating a school that is too large for the community it serves, whether because of declining enrolment or for some other reason; (b) the fact that the board is reasonably operating a school in a building the physical characteristics of which are neither compatible with nor easily modified to conform to the benchmark area requirements referred to in subsection (3); (c) the fact that the board has disproportionately high space requirements because the board serves a disproportionately high number of pupils in special education programs or in other education programs with high space requirements; or (d) other circumstances similar to those described in clauses (a), (b) and (c). O. Reg. 214/99, s. 38 (4). (5) In determining an amount for the purposes of subsection (4), the Minister shall have regard to the effect of the circumstances referred to in clauses (4) (a) to (d) on the board’s space needs. O. Reg. 214/99, s. 38 (5). (6) Subject to subsections (7) and (8), subsections (4) and (5) apply with necessary modifications to authorize the Minister to approve a supplementary adult education, continuing education and summer school area factor for a board and, for the purpose, a reference to elementary school area shall be deemed to be a reference to adult education, continuing education and summer school area. O. Reg. 214/99, s. 38 (6). (7) The Minister shall not approve a factor for a board under subsection (6) unless the Minister has approved a factor for the board under subsection (9). O. Reg. 214/99, s. 38 (7). (8) The Minister shall not approve a factor for a board under subsection (6) that is greater than the factor approved for the board under subsection (9). O. Reg. 214/99, s. 38 (8). (9) Subsections (4) and (5) apply with necessary modifications to authorize the Minister to approve a supplementary secondary school area factor for a board and, for the purpose, a reference to elementary school area shall be deemed to be a reference to secondary school area. O. Reg. 214/99, s. 38 (9). (10) The amount for the board for school renewal shall be determined as follows: 1. Take the percentage, as calculated by the board and approved by the Minister, of the actual total elementary school area of the board that relates to buildings that are less than 20 years old. 2. Apply the percentage referred to in paragraph 1 to the benchmark renewal cost per metre squared of $6.89. 3. Take the percentage, as calculated by the board and approved by the Minister, of the actual total elementary school area of the board that relates to buildings that are 20 years old or older. 4. Apply the percentage referred to in paragraph 3 to the benchmark renewal cost per metre squared of $10.33. 5. Add the amounts obtained under paragraphs 2 and 4, to obtain a weighted average benchmark elementary school renewal cost per metre squared. 6. Multiply the amount obtained under paragraph 5 by the elementary school area requirement for the board determined under paragraph 2 of subsection (3) or, where the Minister approves a supplementary elementary school area factor for the board, the adjusted elementary school area requirement for the board determined under paragraph 3 of subsection (3). 7. Take the percentage, as calculated by the board and approved by the Minister, of the actual total secondary school area of the board that relates to buildings that are less than 20 years old. 8. Apply the percentage referred to in paragraph 7 to the benchmark renewal cost per metre squared of $6.89. 9. Take the percentage, as calculated by the board and approved by the Minister, of the actual total secondary school area of the board that relates to buildings that are 20 years old or older. 10. Apply the percentage referred to in paragraph 9 to the benchmark renewal cost per metre squared of $10.33. 11. Add the amounts obtained under paragraphs 8 and 10, to obtain a weighted average benchmark secondary school renewal cost per metre squared. 12. Multiply the amount obtained under paragraph 11 by the secondary school area requirement for the board determined under paragraph 11 of subsection (3) or, where the Minister approves a supplementary secondary school area factor for the board, the adjusted secondary school area requirement for the board determined under paragraph 12 of subsection (3). 13. Multiply the amount obtained under paragraph 11 by the adult education, continuing education and summer school area requirement for the board determined under paragraph 8 of subsection (3) or, where the Minister approves a supplementary adult education, continuing education and summer school area factor for the board, the adjusted adult education, continuing education and summer school area requirement for the board determined under paragraph 9 of subsection (3). 14. For each elementary school of the board, calculate a top up amount for school renewal, as follows: i. Determine the 1999-2000 day school average daily enrolment of pupils of the board, counting only pupils of the board enrolled in the school. ii. Determine the capacity of the school, in terms of pupil places, in accordance with subsection (16). However, the capacity of a school for which the number determined under subparagraph i is zero shall be deemed, for the purposes of this paragraph, to be zero. iii. Multiply the number determined under subparagraph i by the benchmark area requirement per pupil of 9.29 metres squared. iv. Multiply the number determined under subparagraph iii by the weighted average benchmark elementary school renewal cost per metre squared, as determined for the board under paragraph 5. v. Multiply the number determined under subparagraph iv by the supplementary elementary school area factor, if any, approved for the board by the Minister in accordance with subsections (4) and (5). vi. Multiply the capacity of the school, in terms of pupil places, as determined under subparagraph ii, by the benchmark area requirement per pupil of 9.29 metres squared. vii. Multiply the number determined under subparagraph vi by the weighted average benchmark elementary school renewal cost per metre squared, as determined for the board under paragraph 5. viii. Multiply the number determined under subparagraph vii by the supplementary elementary school area factor, if any, approved for the board by the Minister in accordance with subsections (4) and (5). ix. Multiply the number determined under subparagraph viii by 0.2. x. Subtract the number determined under subparagraph v from the number determined under subparagraph viii. xi. If the number determined under subparagraph x is zero or a negative number or if the number determined under subparagraph i is zero, the top up amount for school renewal for the school is zero. Otherwise, the top up amount for school renewal for the school is the lesser of the number determined under subparagraph ix and the number determined under subparagraph x. 15. Total the top up amounts for school renewal determined under paragraph 14 for each of the elementary schools of the board. 16. For each secondary school of the board, calculate a top up amount for school renewal, as follows: i. Determine the 1999-2000 day school average daily enrolment of pupils of the board, counting only pupils of the board enrolled in the school. ii. Determine the capacity of the school, in terms of pupil places, in accordance with subsection (17). However, the capacity of a school for which the number determined under subparagraph i is zero shall be deemed, for the purposes of this paragraph, to be zero. iii. Multiply the number determined under subparagraph i by the benchmark area requirement per pupil of 12.07 metres squared. iv. Multiply the number determined under subparagraph iii by the weighted average benchmark secondary school renewal cost per metre squared, as determined for the board under paragraph 11. v. Multiply the number determined under subparagraph iv by the supplementary secondary school area factor, if any, approved for the board by the Minister in accordance with subsection (9). vi. Multiply the capacity of the school, in terms of pupil places, as determined under subparagraph ii, by the benchmark area requirement per pupil of 12.07 metres squared. vii. Multiply the number determined under subparagraph vi by the weighted average benchmark secondary school renewal cost per metre squared, as determined for the board under paragraph 11. viii. Multiply the number determined under subparagraph vii by the supplementary secondary school area factor, if any, approved for the board by the Minister in accordance with subsection (9). ix. Multiply the number determined under subparagraph viii by 0.2. x. Subtract the number determined under subparagraph v from the number determined under subparagraph viii. xi. If the number determined under subparagraph x is zero or a negative number or if the number determined under subparagraph i is zero, the top up amount for school renewal for the school is zero. Otherwise, the top up amount for school renewal for the school is the lesser of the number determined under subparagraph ix and the number determined under subparagraph x. 17. Total the top up amounts for school renewal determined under paragraph 16 for each of the secondary schools of the board. 18. Add the amounts obtained under paragraphs 6, 12, 13, 15 and 17 to obtain the amount for the board for school renewal. O. Reg. 214/99, s. 38 (10). (11) The amount for the board for new pupil places shall be the lesser of $20 million and an amount determined as follows: 1. Determine the 1999-2000 day school average daily enrolment of elementary school pupils of the board. 2. Subtract the elementary capacity for the board, in terms of pupil places, as determined by the Minister in accordance with subsection (13), from the number determined under paragraph 1. 3. If the number determined under paragraph 2 is a positive number, multiply it by the benchmark area requirement of 9.29 metres squared. 4. Multiply the product obtained under paragraph 3 by the benchmark construction cost of $118.40 per metre squared. 5. Determine the 1999-2000 day school average daily enrolment of secondary school pupils of the board. 6. Subtract the secondary capacity for the board, in terms of pupil places, as determined by the Minister in accordance with subsection (13), from the number determined under paragraph 5. 7. If the number determined under paragraph 6 is a positive number, multiply it by the benchmark area requirement of 12.07 metres squared. 8. Multiply the product obtained under paragraph 7 by the benchmark construction cost of $129.17 per metre squared. 9. Add the products obtained under paragraphs 4 and 8. 10. Multiply the sum obtained under paragraph 9 by the geographic adjustment factor specified for the board in Table 6, to obtain the amount for the board for new pupil places. O. Reg. 214/99, s. 38 (11). (12) In subsections (13) to (17), “instructional space” means a space in a school that can reasonably be used for instructional purposes; (“aire d’enseignement”) “school facilities data” means data relating to boards’ school facilities and includes school floor plans and other data compiled in accordance with the Ministry’s school facilities inventory system. (“données sur les installations scolaires”) O. Reg. 214/99, s. 38 (12). (13) For the purposes of paragraphs 2 and 6 of subsection (11), the Minister shall determine an elementary capacity and a secondary capacity for the board as follows: 1. Apply the loadings determined under subsection (14) to the elementary and secondary school instructional spaces of the board, as categorized under subsection (14). 2. Where applicable, adjust the result determined under paragraph 1 in accordance with subsection (15). 3. Where applicable, adjust the result determined under paragraph 2 in accordance with subsections (19) and (20). O. Reg. 214/99, s. 38 (13). (14) The Minister shall determine loadings and categories of instructional space as follows: 1. Using school facilities data, the Minister shall identify categories of instructional space. In identifying categories of instructional space, the Minister shall have regard to but is not limited to the categories identified in the Report of the Pupil Accommodation Review Committee, dated August, 1998, which Report was released by the Ministry to school boards in September of 1998 and is available for public inspection at the offices of the Ministry of Education and Training, 900 Bay Street, Toronto, Ontario, M7A 1L2. 2. The Minister shall assign a loading to each category of instructional space identified under paragraph 1, based on the number of pupils that can reasonably be accommodated in each category of instructional space. O. Reg. 214/99, s. 38 (14); O. Reg. 167/00, s. 5 (3). (15) The Minister shall make such adjustments under paragraph 2 of subsection (13) as the Minister considers appropriate to take account of funds received by one board from another board in connection with a determination made under Ontario Regulation 460/97 respecting the disposition of an asset of an old board. O. Reg. 214/99, s. 38 (15). (16) For the purposes of paragraph 15 of subsection (3), paragraph 14 of subsection (10) and subsection (19), the Minister shall determine the capacity of an elementary school as follows: 1. Apply the loadings determined under subsection (14) to the instructional spaces of the school, as categorized under subsection (14). 2. Take the elementary capacity for the board that governs the school, as determined under subsection (13) but without applying paragraph 2 of that subsection. 3. Multiply the elementary capacity for the board that governs the school, as determined under subsection (13), by the amount determined under paragraph 1. 4. Divide the product obtained under paragraph 3 by the amount taken under paragraph 2. O. Reg. 214/99, s. 38 (16). (17) For the purposes of paragraph 17 of subsection (3), paragraph 16 of subsection (10) and subsection (20), the Minister shall determine the capacity of a secondary school as follows: 1. Apply the loadings determined under subsection (14) to the instructional spaces of the school, as categorized under subsection (14). 2. Take the secondary capacity for the board that governs the school, as determined under subsection (13) but without applying paragraph 2 of that subsection. 3. Multiply the secondary capacity for the board that governs the school, as determined under subsection (13), by the amount determined under paragraph 1. 4. Divide the product obtained under paragraph 3 by the amount taken under paragraph 2. O. Reg. 214/99, s. 38 (17). (18) Subsection (19) or (20) applies in relation to an elementary or secondary school of a board if, (a) the board has submitted evidence satisfactory to the Minister that the board has, (i) by December 31, 1998, developed a pupil accommodation review policy containing the four elements specified in Appendix B of the technical paper published by the Ministry entitled “Student Focused Funding — Pupil Accommodation Grants”, dated September, 1998, (ii) by December 31, 1998, passed a resolution to close the school at the end of the 1998-99 school year, and (iii) within 30 days of passing a resolution described in subclause (ii) in respect of the school, issued a proposal under Ontario Regulation 444/98 to dispose of the school at no cost to the Ontario Realty Corporation or to a board; or (b) the board has notified the Minister in writing that the school will be disposed of in accordance with an order of the Education Improvement Commission under Ontario Regulation 460/97. O. Reg. 214/99, s. 38 (18). (19) The elementary capacity determined for the board under subsection (13) shall be adjusted as follows: 1. For each elementary school of the board to which subsec-tion (18) applies, determine a capacity in accordance with subsection (16). 2. Total the amounts determined under paragraph 1 for elementary schools of the board. 3. Subtract the total determined under paragraph 2 from the elementary capacity determined for the board under subsection (13). O. Reg. 214/99, s. 38 (19). (20) The secondary capacity determined for the board under subsection (13) shall be adjusted as follows: 1. For each secondary school of the board to which subsection (18) applies, determine a capacity in accordance with subsection (17). 2. Total the amounts determined under paragraph 1 for secondary schools of the board. 3. Subtract the total determined under paragraph 2 from the secondary capacity determined for the board under subsection (13). O. Reg. 214/99, s. 38 (20). (21) The amount for the board for outstanding capital commitments shall be determined as follows: 1. Take the number of elementary school pupil places shown in Column 2 of Table 7, opposite the name of the board. 2. Multiply the number taken under paragraph 1 by the benchmark area requirement per pupil of 9.29 metres squared. 3. Multiply the product obtained under paragraph 2 by the benchmark construction cost of $118.40 per metre squared. 4. Take the number of secondary school pupil places shown in Column 3 of Table 7, opposite the name of the board. 5. Multiply the number taken under paragraph 4 by the benchmark area requirement per pupil of 12.07 metres squared. 6. Multiply the product obtained under paragraph 5 by the benchmark construction cost of $129.17 per metre squared. 7. Add the products obtained under paragraphs 3 and 6. O. Reg. 214/99, s. 38 (21). Debt Charges Allocation