Cost adjustment and teacher qualification and experience allocation
33. (1) In this section, “AEFO” stands for l’Association des enseignantes et des enseignants franco-ontariens; (“AEFO”) “AEFO certification” means the AEFO certification of Group 1, Group 2, Group 3 or Group 4; (“certification de l’AEFO”) “OSSTF” stands for the Ontario Secondary School Teachers’ Federation; (“FEESO”) “OSSTF certification” means the OSSTF certification of Group 1, Group 2, Group 3 or Group 4; (“certification de la FEESO”) “QECO” stands for Qualifications Evaluation Council of Ontario; (“COEQ”) “QECO category” means the QECO category D, C, B, A1, A2, A3 or A4; (“catégorie du COEQ”) “qualification category” means AEFO certification, OSSTF certification or QECO category; (“catégorie de qualifications”) “teacher” includes a temporary teacher and does not include an occasional teacher. (“enseignant”) O. Reg. 400/05, s. 33 (1). (2) In this section, a cell of Table 8 is referred to by its qualification category co-ordinate followed by the number co-ordinate representing full years of teaching experience. O. Reg. 400/05, s. 33 (2). (3) For example, cell C-1 of Table 8 contains the number 0.6127 and cell A1/group 1-3 contains the number 0.7416. O. Reg. 400/05, s. 33 (3). (4) For the purposes of this section, the number of teachers employed by a board is the full-time equivalent number of persons employed by the board as of October 31, 2005 to teach. O. Reg. 400/05, s. 33 (4). (5) For the purposes of subsection (4), the counting practices usually followed by the board for staffing purposes must be followed, subject to the following rules: 1. A teacher who is not assigned to provide instruction to pupils of the board in a regular timetable that is in effect as of October 31, 2005 is not counted for the purposes of this section, unless the teacher satisfies the conditions described in subsection (6). 2. The provision of library instruction or guidance to pupils is considered the provision of instruction to pupils for the purposes of paragraphs 1, 3 and 4. 3. If a teacher is assigned in a regular timetable that is in effect as of October 31, 2005 to spend part of his or her time providing instruction to pupils of the board and is also assigned, as of that date, under section 17 of Regulation 298 of the Revised Regulations of Ontario, 1990 (Operation of Schools — General) made under the Act, to spend part of his or her time acting as a consultant, co-ordinator or supervisor, the full-time equivalency for the teacher is determined as follows: i. Determine the average number of hours per day in the cycle that includes October 31, 2005 for which the teacher is regularly scheduled, in accordance with the timetable, to provide instruction to pupils of the board or to prepare for such instruction. For the purposes of this subparagraph, a count of hours is accurate to one decimal place. ii. Divide the total determined under subparagraph i by 5. 4. If a principal or vice-principal is assigned in a regular timetable that is in effect as of October 31, 2005 to spend part of his or her time providing instruction to pupils of the board, the principal or vice-principal is counted as a teacher for the purposes of this section and his or her full-time equivalency as a teacher is determined as follows: i. Determine the average number of hours per day in the cycle that includes October 31, 2005 for which the principal or vice-principal is regularly scheduled, in accordance with the timetable, to provide instruction to pupils of the board. For the purposes of this subsection, a count of hours is accurate to one decimal place. ii. Divide the number determined under subparagraph i by 5. 5. An occasional teacher who is assigned to provide instruction to pupils of the board in a regular timetable in effect on October 31, 2005 is not counted if the teacher the occasional teacher replaces is included in determining the number of teachers employed by the board under subsection (4) and the board can reasonably expect the teacher to resume instructional duties with the board in the fiscal year. O. Reg. 400/05, s. 33 (5). (6) For the purposes of paragraph 1 of subsection (5), a teacher is counted for the purposes of this section if he or she is on a leave of absence with pay on October 31, 2005 and the board is not reimbursed for the teacher’s pay during the leave of absence. O. Reg. 400/05, s. 33 (6). (7) The number of full years of teaching experience of a teacher is deemed to be the teacher’s number of years of teaching experience before the first day of the 2005-2006 school year, rounded to the nearest whole number if the teacher’s number of years of teaching experience is not a whole number and, for this purpose, a number ending in .5 is considered to be nearer to the next whole number. O. Reg. 400/05, s. 33 (7). (8) If the number of full years of teaching experience of a teacher exceeds 10, the number of full years of teaching experience of the teacher is deemed to be 10. O. Reg. 400/05, s. 33 (8). (9) The number of full years of teaching experience of a principal or vice-principal is deemed to be 10. O. Reg. 400/05, s. 33 (9). (10) The following rules apply, as of October 31, 2005, to determine the qualification category of a teacher: 1. If a board uses an AEFO certification system for salary purposes in relation to a teacher employed by it, that AEFO certification system is used for that teacher for the purposes of this section. 2. If a board uses a QECO categories system for salary purposes in relation to a teacher employed by it, that QECO categories system is used for that teacher for the purposes of this section. 3. If a board uses an OSSTF certification system for salary purposes in relation to a teacher employed by it, that OSSTF certification system is used for that teacher for the purposes of this section. 4. Subject to paragraph 6, if a board does not use a QECO categories system for salary purposes in relation to an elementary school teacher employed by it, the classification system used by the board for elementary school teachers in filling out the 2004 Data Form A submitted to the Office of Collective Bargaining Information of the Ministry of Labour is used for that teacher for the purposes of this section. 5. Subject to paragraph 6, if a board does not use an AEFO certification system, a QECO categories system or an OSSTF certification system for salary purposes in relation to a secondary school teacher employed by it, the classification system used by the board for secondary school teachers in filling out the 2004 Data Form A submitted to the Office of Collective Bargaining Information of the Ministry of Labour is used for that teacher for the purposes of this section. 6. In the circumstances described in paragraph 4 or 5, the board may elect, by written notice to the Minister, to use the AEFO certification system, the QECO categories system referred to by QECO as QECO Programme Level 4 or the 1992 OSSTF certification system, instead of the classification system required under paragraph 4 or 5. 7. The qualification category of a principal or vice-principal is deemed to be A4/Group 4. 8. If the qualification category of a person is changed after October 31, 2005 and the change for salary purposes is retroactive to a day in the period between the first day of the 2005-2006 school year and October 31, 2005, the changed qualification category must be used for the purposes of this section. 9. The 2004 Data Form A, referred to in paragraphs 4 and 5, is available for public inspection at the offices of the Education Finance Branch of the Ministry of Education, Mowat Block, 900 Bay Street, 21st Floor, Toronto, Ontario, M7A 1L2. O. Reg. 400/05, s. 33 (10). (11) The amount of the cost adjustment and teacher qualification and experience allocation for a district school board is the total of, (a) the elementary school teacher qualification and experience allocation; (b) the secondary school teacher qualification and experience allocation; and (c) the amount set out in Column 2 of Table 9 opposite the name of the board. O. Reg. 400/05, s. 33 (11). (12) The amount of the elementary school teacher qualification and experience allocation for a district school board is determined as follows: 1. For each cell in Table 8, determine the number of teachers employed by the board to provide instruction to elementary school pupils who have the qualification category and the number of full years of teaching experience that correspond with the co-ordinates of the cell. For example, a teacher with a qualification category of D and 0.7 years of teaching experience is counted for the purposes of cell D-1 and a teacher with a qualification category of A2 or group 2 and 3.2 years of teaching experience is counted for the purposes of cell A2/group 2-3. 2. For each cell in Table 8, multiply the number of teachers employed by the board to provide instruction to elementary school pupils who are counted for the purposes of the cell by the number set out in that cell in that Table. 3. Add all the products obtained under paragraph 2 for the board. 4. Divide the sum determined under paragraph 3 by the total number of teachers employed by the board to provide instruction to elementary school pupils. 5. Subtract one from the number obtained under paragraph 4. 6. Multiply the result obtained under paragraph 5 by $2,953. 7. Multiply the amount determined under paragraph 6 by the 2005-2006 day school average daily enrolment of elementary school pupils of the board. 8. Add the cost adjustment amount for elementary school teachers determined under subsection (14) to the amount determined under paragraph 7. O. Reg. 400/05, s. 33 (12). (13) The amount of the secondary school teacher qualification and experience allocation for a district school board is determined as follows: 1. For each cell in Table 8, determine the number of teachers employed by the board to provide instruction to secondary school pupils who have the qualification category and the number of full years of teaching experience that correspond with the co-ordinates of the cell. For example, a teacher with a qualification category of D and 0.7 years of teaching experience is counted for the purposes of cell D-1 and a teacher with a qualification category of A2 or group 2 and 3.2 years of teaching experience is counted for the purposes of cell A2/group 2-3. 2. For each cell in Table 8, multiply the number of teachers employed by the board to provide instruction to secondary school pupils who are counted for the purposes of the cell by the number set out in that cell in that Table. 3. Add all the products obtained under paragraph 2 for the board. 4. Divide the sum determined under paragraph 3 by the total number of teachers employed by the board to provide instruction to secondary school pupils. 5. Subtract one from the number obtained under paragraph 4. 6. Multiply the result obtained under paragraph 5 by $3,814. 7. Multiply the amount determined under paragraph 6 by the 2005-2006 day school average daily enrolment of secondary school pupils of the board. 8. Add the cost adjustment amount for secondary school teachers determined under subsection (15) to the amount determined under paragraph 7. O. Reg. 400/05, s. 33 (13). (14) The cost adjustment amount for elementary school teachers is determined as follows: 1. Multiply the number determined under paragraph 3 of subsection (12) by $55,161. 2. For every cell in Table 8, take, i. the number that was determined in respect of that cell under paragraph 1 of subsection (12), and ii. the salary reported by the board for elementary school teachers for the 2004-2005 school board fiscal year in respect of that cell in Appendix G of the 2005-2006 School Board Estimates submitted by the board under clause 231 (11) (c) of the Act. 3. For every cell in Table 8, multiply the number taken under subparagraph 2 i by the amount taken under subparagraph 2 ii. 4. Total the products determined under paragraph 3. 5. Subtract the amount determined under paragraph 4 from the amount determined under paragraph 1. 6. Multiply the amount determined under paragraph 5 by 0.02. 7. Divide the amount determined under paragraph 6 by 1.02. 8. Add the amounts determined under paragraphs 6 and 7. O. Reg. 400/05, s. 33 (14). (15) The cost adjustment amount for secondary school teachers is determined as follows: 1. Multiply the number determined under paragraph 3 of subsection (13) by $55,161. 2. For every cell in Table 8, take, i. the number that was determined in respect of that cell under paragraph 1 of subsection (13), and ii. the salary reported by the board for secondary school teachers for the 2004-2005 school board fiscal year in respect of that cell in Appendix G of the 2005-2006 School Board Estimates submitted by the board under clause 231 (11) (c) of the Act. 3. For every cell in Table 8, multiply the number taken under subparagraph 2 i by the amount taken under subparagraph 2 ii. 4. Total the products determined under paragraph 3. 5. Subtract the amount determined under paragraph 4 from the amount determined under paragraph 1. 6. Multiply the amount determined under paragraph 5 by 0.02. 7. Divide the amount determined under paragraph 6 by 1.02. 8. Add the amounts determined under paragraphs 6 and 7. O. Reg. 400/05, s. 33 (15); O. Reg. 337/06, s. 2.