Facilities amount
20. (1) The facilities amount for a board for the fiscal year is determined as follows: 1. For each qualifying education program provided by the board under an agreement with a facility listed in subsection (3), determine the amount for the qualifying education program in accordance with subsection (4). 2. Total the amounts determined under paragraph 1. O. Reg. 139/04, s. 4 (1). (2) An education program provided by the board under an agreement with a facility listed in subsection (3) is a qualifying education program for the purposes of this section if the following conditions are satisfied: 1. The education program is provided by a teacher employed by the board. 2. No education program is provided by the Province in the facility. 3. The board has entered into a written agreement with the facility. i. Revoked: O. Reg. 139/04, s. 4 (4). ii. Revoked: O. Reg. 139/04, s. 4 (4). 4. The agreement referred to in paragraph 3 contains details regarding how the program will be staffed, including, but not limited to, the number of teachers and teacher assistants to be employed by the board for the purposes of the program. 5. The Minister has reviewed the agreement referred to in paragraph 3 and, i. is satisfied that there is a need for the provision of the program by the board, ii. is satisfied that the agreement adequately sets out the responsibilities of the board and the facility including, but not limited to, the responsibility of the board for the provision of accommodation where the education program will be delivered on board premises, and iii. has specifically approved the aspects of the agreement described in paragraph 4. O. Reg. 139/03, s. 20 (2); O. Reg. 139/04, s. 4 (2-5). (3) 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. A facility designated under the Developmental Services Act. 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 operated under a licence issued under the Nursing Homes Act. 9. A correctional institution as defined in the Ministry of Correctional Services Act. 10. A place of temporary detention and a youth custody facility under the Youth Criminal Justice Act (Canada). O. Reg. 139/03, s. 20 (3). (4) Subject to subsections (5) and (6), the amount for a qualifying education program is determined as follows: 1. Determine the expenditure of the board in the 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 paragraph 4 of subsection (2). 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 are to be followed. 3. Determine the expenditure of the board in the 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 paragraph 4 of subsection (2). 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 are to be followed. 5. Determine the expenditure of the board in the 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 all amounts received for the classroom under similar provisions of previous legislative grant regulations, shall not exceed $3,300 unless the board obtains the Minister’s approval. O. Reg. 139/03, s. 20 (4). 6. Total the amounts determined under paragraphs 1 to 5. (5) Despite subsection (4), if the education program was previously provided in the facility by the Ministry, the amount for the qualifying education program for the fiscal year is the amount equal to the cost for the program that is proposed by the board and approved by the Minister and not the amount determined under subsection (4). O. Reg. 139/03, s. 20 (5). (6) Despite subsections (4) and (5), the amount otherwise determined under this section for a qualifying education program must be reduced by the amount determined by the Minister to be appropriate having regard to the reasonable costs of the board in connection with the program, 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 paragraph 5 of subsection (2); (b) does not operate during the 2003-2004 school year; or (c) ceases to operate during the 2003-2004 school year. O. Reg. 139/03, s. 20 (6); O. Reg. 139/04, s. 4 (6). (7) In giving approvals under this section, the Minister shall ensure that the total of the facilities amounts calculated for all district school boards under this section for the fiscal year does not exceed $74 million. O. Reg. 139/03, s. 20 (7); O. Reg. 139/04, s. 4 (7).