Pupil Accommodation Allocation
37. (1) 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 (2). 2. Determine the amount for the board for school renewal, in accordance with subsection (7). 3. Determine the amount for the board for new pupil places, in accordance with subsection (8). 3.1 Determine the amount for the board for leased instructional space, in accordance with subsection (13). 4. Total the amounts determined under paragraphs 1, 2, 3 and 3.1. O. Reg. 287/98, s. 37 (1); O. Reg. 560/98, s. 2 (1, 2). (2) The amount for the board for school operations shall be determined as follows: 1. Determine the 1998-99 day school average daily enrolment of elementary 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 (3) and (4). 4. Determine the day school average daily enrolment for the board for the 1998-99 fiscal year, in accordance with section 2 of the 1998-99 day school A.D.E. regulation, counting only pupils who are 21 years of age or more on December 31, 1998. 5. Determine the continuing education average daily enrolment for the board for the 1998-99 fiscal year, in accordance with section 3 of the 1998-99 A.D.E. regulation, counting only pupils enrolled in a course for which the pupil may earn a credit or credit equivalent and in which instruction is given between 8 a.m.and 5 p.m.and excluding pupils enrolled in a continuing education course delivered primarily through means other than classroom instruction. 6. Determine the summer school average daily enrolment for the board for the 1998-99 fiscal year, in accordance with section 4 of the 1998-99 A.D.E. 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 (5). 10. Determine the 1998-99 day school average daily enrolment of secondary 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 (6). 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. (3) For the purposes of paragraph 3 of subsection (2), 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 (2); (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). (4) In determining an amount for the purposes of subsection (3), the Minister shall have regard to the effect of the circumstances referred to in clauses (3) (a) to (d) on the board’s space needs. (5) Subsections (3) and (4) 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. (6) Subsections (3) and (4) 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. (7) 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 (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 of subsection (2). 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 (2) 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 (2). 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 (2) 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 (2). 14. Add the amounts obtained under paragraphs 6, 12 and 13. O. Reg. 287/98, s. 37 (2-7). (8) 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 1998-99 day school average daily enrolment of elementary 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 (10), 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 1998-99 day school average daily enrolment of secondary 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 (10), 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 7. O. Reg. 287/98, s. 37 (8); O. Reg. 560/98, s. 2 (3). (9) In subsections (10) and (11), “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. 287/98, s. 37 (9). (9.1) For the purposes of subsections (10) and (11), an instructional space leased by a board is an instructional space of that board. O. Reg. 560/98, s. 2 (4). (10) For the purposes of paragraphs 2 and 6 of subsection (8), the Minister shall determine an elementary capacity and a secondary capacity for the board as follows: 1. Apply the loadings determined under subsection (11) to the elementary and secondary school instructional spaces of the board, as categorized under subsection (11). 2. Where applicable, adjust the result determined under paragraph 1 in accordance with subsection (12). (11) 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 Appendix 1 to the Ministry publication entitled “Capital Grant Plan 1979”, as amended to May 30, 1990. 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. (12) The Minister shall make such adjustments under paragraph 2 of subsection (10) 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. 287/98, s. 37 (10-12). (13) The amount for the board for leased instructional space shall be the lesser of, (a) the total of the amounts reported at code point 0405 in the audited 1997 financial statements of the predecessor old boards of the board; and (b) the total of the costs of leasing instructional space that are paid by the board in the 1998-99 fiscal year and approved by the Minister in that fiscal year. O. Reg. 560/98, s. 2 (5). Debt Charges Allocation