jswizzle3737/ontario_laws_and_regs huggingface dataset:
Subject schools
1. (1) The obligation of a board under this section with respect to a school governed by it begins with the school year indicated in Column 3 of Schedule 1 opposite the school listed in Column 2 of Schedule 1. O. Reg. 225/10, s. 1 (1); O. Reg. 509/10, s. 1 (1). (2) Every board listed in Schedule 1 shall, in every elementary school of the board listed in Schedule 1, operate an extended day program in accordance with section 259 of the Act. O. Reg. 225/10, s. 1 (2). (3) A board is not required to operate an extended day program in a school unless the board and the school are listed in Schedule 1. O. Reg. 225/10, s. 1 (3). (4) A board that is required to operate an extended day program in a school shall operate the program both before the start of the school day and after the end of the school day, except where otherwise provided under section 2. O. Reg. 225/10, s. 1 (4). (5) A change in the name of a school listed in Schedule 1 does not affect obligations under this Regulation with respect to the school. O. Reg. 509/10, s. 1 (2).
Exception, staffing and projected enrolment
2. (1) This section does not apply if the projected enrolment of pupils under clause (2) (a) in the relevant portion or portions of the extended day program, is 20 or more pupils. O. Reg. 225/10, s. 2 (1). (2) Despite section 1, a board is not required to operate the before school portion, the after school portion or both portions of an extended day program in a school listed in Schedule 1 in a school year if, by the day before the last day of the preceding school year, the board, (a) concludes that, (i) the projected enrolment of the school’s junior kindergarten and kindergarten pupils for the school year, in the relevant portion or portions of the extended day program, will result in a pupil to staff ratio of less than 10 to 1, and (ii) subject to subsection (3), the ratio cannot be raised to 10 to 1 or higher by including up to a maximum of 25 per cent Grade 1 and 2 pupils of the school in the projected enrolment in the portion or portions of the extended day program; and (b) in a form approved by the Minister, (i) provides the information on which it based its conclusion under clause (a), and (ii) affirms to the Minister that it reached the conclusion in good faith, based on that information. O. Reg. 225/10, s. 2 (2). (3) Subclause (2) (a) (ii) does not apply if the board has a written agreement with a third party under which the third party operates a before school program and an after school program on the school site for pupils in Grades 1 and 2. O. Reg. 225/10, s. 2 (3). (4) In reaching its conclusion respecting the 10 to 1 ratio under clause (2) (a), the board shall assume that the extended day program will be staffed by either one or two employees. O. Reg. 225/10, s. 2 (4). (5) The board shall base its decision as to whether to assume one employee or two employees under subsection (4) on its assessment of the minimum number of employees required to operate the program safely, given projected enrolment. O. Reg. 225/10, s. 2 (5). (6) The assumption made by the board does not limit the actual number of employees that the board may in fact employ to staff the program. O. Reg. 225/10, s. 2 (6). (7) A board shall reassess each year if this section applies to the board and any conclusions and assumptions made under this section. O. Reg. 509/10, s. 2. (8) Nothing in subclause (2) (a) (ii) limits the right of a board to operate an extended day program for pupils of the board under subsection 259 (2) of the Act. O. Reg. 509/10, s. 2.
Projected enrolment under s. 2
3. (1) For the 2010/2011 school year, the board shall base projected enrolment for the purposes of section 2 on the following: 1. Information about parents’ intentions and interests related to enrolling their children in one or more portions of the extended day program in the school during the school year. 2. Demographic information related to the community served by the school. 3. In respect of the 2011/2012 school year and subsequent school years, projections based on data about enrolment in extended day programs operated in the school in previous years. 4. Other relevant sources of information. O. Reg. 225/10, s. 3 (1); O. Reg. 509/10, s. 3 (1). (2) The board shall gather the information referred to in subsection (1) by the most reliable means reasonably available to it. O. Reg. 225/10, s. 3 (2). (3) The board shall gather the information referred to in paragraph 1 of subsection (1) from, (a) parents of pupils who are registered in the school for the school year in junior kindergarten, kindergarten and, where relevant, Grades 1 and 2; and (b) parents who have expressed an interest in enrolling their children in the school for the school year in junior kindergarten, kindergarten and, where relevant, Grades 1 and 2. O. Reg. 225/10, s. 3 (3). (4) Means that may be used to gather the information in paragraph 1 of subsection (1) include, (a) questionnaires filled out by parents referred to in clauses (3) (a) and (b); and (b) oral and written comments from parents referred to in clauses (3) (a) and (b) who contact or visit the school. O. Reg. 225/10, s. 3 (4). (5) For the 2011/2012 and 2012/2013 school years, the board shall base projected enrolment for the purposes of section 2 on information collected in accordance with section 11.7. O. Reg. 509/10, s. 3 (2).
Transition exception, third party agreements, schools listed for 2011/2012
5. Despite section 1, a board is not required to operate an extended day program in the 2011/2012 school year in a school of the board for which the school year shown in Schedule 1 opposite the school is 2011/2012, if the board affirms to the Minister, in a form approved by the Minister, no later than the day before the last day of the 2010/2011 school year, that, (a) the board at the time this Regulation came into force has a written agreement with a third party respecting the operation by the third party of a before school program, an after school program or both, on the school site, for pupils in junior kindergarten and kindergarten, outside the time when junior kindergarten and kindergarten are operated in the school; (b) the board has evidence that the third party is licensed or authorized under the Day Nurseries Act to operate a before school program, an after school program or both, for the 2011/2012 school year; (c) where the third party is authorized but not licensed under the Day Nurseries Act to operate a before school program, an after school program or both, on the school site, the program will be operated by the third party with a child to staff ratio of no more than 15 to 1; and (d) the third party has agreed in writing with the board that, for the 2011/2012 school year, it will, (i) operate the before school program, after school program or both, on the school site, at a minimum on every instructional day, and (ii) in planning and delivering the before school program, after school program or both, include content similar to the content that boards are required to include in an extended day program under the Act. O. Reg. 225/10, s. 5; O. Reg. 509/10, s. 5.
Exception, extended day program staffing
6. A board is not required to designate a position in an extended day program unit in a school as requiring an early childhood educator or to appoint an early childhood educator to such a position if all of the pupils in the unit are 9 years or older. O. Reg. 225/10, s. 6. Transitional — Fees for Extended Day Program — 2010/2011 School Year
Interpretation
7. For the purposes of sections 8 to 11, “actual daily fee” means the extended day program fee for a school’s extended day program, calculated in accordance with subsection 8 (5); (“droits quotidiens réels”) “base daily fee” means the base extended day program fee for a board’s extended day programs, calculated in accordance with subsection 8 (2); (“droits quotidiens de base”) “non-instructional day fee” means the extended day program fee for a school on a non-instructional day, calculated in accordance with subsection 8 (7). (“droits pour les journées autres que des journées d’enseignement”) O. Reg. 225/10, s. 7.
Projected enrolment
10. (1) For the purposes of clause 8 (3) (b), a board shall determine the projected enrolment of its pupils in its extended day programs in the 2010/2011 school year based on the following: 1. Information respecting parents’ intentions and interests related to enrolling their children in those programs. 2. Demographic information related to the communities served by schools of the board. 3. Other relevant sources of information. O. Reg. 225/10, s. 10 (1). (2) For the purposes of this section, the board shall determine projected enrolment by counting a pupil enrolled in a before school portion of an extended day program as 0.4 and a pupil enrolled in an after school portion of an extended day program as 0.6. O. Reg. 225/10, s. 10 (2). (3) The board shall gather the information referred to in subsection (1) by the most reliable means reasonably available to it. O. Reg. 225/10, s. 10 (3). (4) The board shall gather the information referred to in paragraph 1 of subsection (1) from, (a) parents of pupils who are registered for the 2010/2011 school year in junior kindergarten, kindergarten and, where relevant, Grades 1 and 2 in a school of the board; and (b) parents who have expressed an interest in enrolling their children for the 2010/2011 school year in junior kindergarten, kindergarten and, where relevant, Grades 1 and 2 in a school of the board. O. Reg. 225/10, s. 10 (4). (5) Means that may be used to gather the information in paragraph 1 of subsection (1) include, (a) questionnaires to parents referred to in clauses (4) (a) and (b); and (b) oral and written comments from parents referred to in clauses (4) (a) and (b) who contact or visit a school of the board. O. Reg. 225/10, s. 10 (5).
Timing for determination and posting of fees
11. No later than the day before the last day of the board’s 2009/2010 school year, a board that is required by this Regulation to operate an extended day program in the 2010/2011 school year shall ensure that the fees to be charged by it to parents of pupils enrolled in an extended day program operated by the board for the school year are, (a) determined in accordance with sections 8, 9 and 10; (b) submitted in writing, together with a detailed account of how the determination was arrived at, to the Minister; and (c) posted on the board’s website. O. Reg. 225/10, s. 11. Transitional — Fees for Extended Day Program — 2011/2012 and 2012/2013 School Years
Interpretation
11.1 For the purposes of sections 11.2 to 11.11, “actual daily fee” means the extended day program fee for a school’s extended day program, calculated in accordance with subsection 11.2 (5); (“droits quotidiens réels”) “actual non-instructional day fee” means the extended day program fee for a school on a non-instructional day, calculated in accordance with subsection 11.2 (6); (“droits réels pour les journées autres que des journées d’enseignement”) “base daily fee” means the base extended day program fee for a board’s extended day programs, calculated in accordance with subsection 11.2 (2); (“droits quotidiens de base”) “base non-instructional day fee” means the base extended day program fee for a board on a non-instructional day, calculated in accordance with subsection 11.2 (3). (“droits de base pour les journées autres que des journées d’enseignement”) O. Reg. 509/10, s. 6.
Fees charged for before or after school portions of program
11.3 (1) Subsection (2) applies to a parent of a pupil if the pupil is enrolled in only the before school portion or the after school portion of an extended day program at a school of the board. O. Reg. 509/10, s. 6. (2) The fee charged by a board to a parent of a pupil described in subsection (1) shall be determined as follows: 1. Determine the percentage that the number of minutes of operation of the before school portion or the after school portion, as the case may be, in the school bears to 300 minutes. 2. Multiply the percentage determined under paragraph 1 by the base daily fee. 3. Round the amount determined under paragraph 2 to the nearest multiple of 50 cents. O. Reg. 509/10, s. 6.
Fees charged for specified portions of non-instructional day program
11.4 (1) Subsection (2) applies to a parent of a pupil if both of the following circumstances exist: 1. The pupil is enrolled in an extended day program at a school of the board on a non-instructional day. 2. The pupil is only enrolled in the portion of the program that is operated during the time when junior kindergarten and kindergarten are operated on instructional days. O. Reg. 509/10, s. 6. (2) The fee charged by a board to a parent of a pupil described in subsection (1) shall be determined as follows: 1. Multiply the base daily fee by 0.85. 2. Multiply the amount determined under paragraph 1 by 1.2. 3. Round the amount determined under paragraph 2 to the nearest multiple of 50 cents. O. Reg. 509/10, s. 6. (3) Subsection (4) applies to a parent of a pupil if all of the following circumstances exist: 1. The pupil is enrolled in an extended day program at a school of the board on a non-instructional day. 2. The pupil is enrolled in the portion of the program that is operated during the time when junior kindergarten and kindergarten are operated on instructional days. 3. The pupil is enrolled in either, i. the portion of the program that is operated during the time when the before school portion of a program is operated on instructional days, or ii. the portion of the program that is operated during the time when the after school portion of a program is operated on instructional days. O. Reg. 509/10, s. 6. (4) The fee charged by a board to a parent of a pupil described in subsection (3) shall be determined as follows: 1. Multiply the base daily fee by 0.85. 2. Multiply the amount determined under paragraph 1 by 1.2. 3. Add the amount that would be determined under section 11.3 if the pupil attended the before school portion or after school portion, as the case may be, of a program operated on instructional days to the amount determined under paragraph 2. 4. Round the amount determined under paragraph 3 to the nearest multiple of 50 cents. O. Reg. 509/10, s. 6.
Timing for determination and posting of base fees
11.6 No later than the first school day in February of the preceding school year, a board that is identified in Schedule 1 as being required to operate an extended day program in the 2011/2012 school year or the 2012/2013 school year shall ensure that the board’s base daily fees and base non-instructional day fees for the school year are, (a) determined in accordance with sections 11.1, 11.2 and 11.5; (b) posted on the board’s website; and (c) provided in writing to, (i) parents of pupils of the board who are enrolled in junior kindergarten, kindergarten and, if relevant, other classes in the primary or junior divisions, and (ii) parents who have expressed an interest to the board or a school of the board in enrolling their children in a school of the board in the next school year in junior kindergarten, kindergarten and, if relevant other classes in the primary or junior divisions. O. Reg. 509/10, s. 6.
Collection of information from parents
11.7 (1) At the same time as or after a board provides its base fees to parents in accordance with clause 11.6 (c), the board shall, to the extent possible, collect information described in subsection (2) in each school year from the parents described in subclauses 11.6 (c) (i) and (ii). O. Reg. 509/10, s. 6. (2) The information to be collected under subsection (1) is the following: 1. If parents intend to enrol their children in junior kindergarten or kindergarten in the next school year, the parents’ intentions and interests related to enrolling their children in, i. one or more portions of an extended day program in a school of the board during the next school year, and ii. an extended day program in a school of the board on non-instructional days in the next school year. 2. If parents intend to enrol their children in classes in the primary or junior divisions other than junior kindergarten or kindergarten, the parents’ intentions and interests related to enrolling their children in, i. one or more portions of an extended day program in a school of the board during the next school year, and ii. an extended day program in a school of the board on non-instructional days in the next school year. 3. The parents’ preferences respecting the hours of operation of before and after school portions of extended day programs in the next school year. O. Reg. 509/10, s. 6. (3) A board shall collect the information by providing parents with questionnaires and by any other means that the board considers appropriate. O. Reg. 509/10, s. 6.
Determinations based on collected information
11.8 After considering the information collected in accordance with section 11.7, a board shall determine the following: 1. For the purposes of section 2 and as described in subsection 3 (5), projected enrolment. 2. For the purposes of determining actual daily fees and actual non-instructional day fees under subsection 11.2 (4), the actual number of minutes of operation of an extended day program in the next school year, for each school in which the program will be operated. 3. The schools in which the board will operate extended day programs in the next school year for pupils enrolled in junior kindergarten or kindergarten. 4. Any schools in which the board will operate extended day programs in the next school year for pupils enrolled in classes in the primary or junior divisions other than junior kindergarten or kindergarten. 5. The hours of the day during which the board anticipates it will operate the before and after school portions of the extended day programs in the next school year, for each school in which the program will be operated. 6. The features that the board anticipates the before and after school portions of the extended day programs will include in the next school year, for each school in which the program will be operated. 7. Any non-instructional days on which the board anticipates it will operate an extended day program for pupils enrolled in junior kindergarten or kindergarten and, if relevant, other classes in the primary or junior divisions, for each school in which the program will be operated. O. Reg. 509/10, s. 6.
Timing for determination and posting of actual fees
11.9 (1) No later than the day before the last day of the preceding school year, a board that is required by this Regulation to operate an extended day program in the 2011/2012 school year or the 2012/2013 school year shall ensure that the actual daily fees and actual non-instructional day fees to be charged by it to parents of pupils enrolled in an extended day program operated by the board for the school year are, (a) determined in accordance with sections 11.1, 11.2 and 11.5; (b) posted on the board’s website; and (c) provided in writing to the parents described in subclauses 11.6 (c) (i) and (ii) together with, to the extent possible, the information described in subsection (2). O. Reg. 509/10, s. 6. (2) The information to be provided to parents under clause (1) (c) is the following: 1. Information about the determinations made under paragraphs 3 to 7 of section 11.8. 2. Financial assistance that may be available to persons who are charged fees for extended day programs or where to obtain that information. 3. Any other information that the board considers relevant. O. Reg. 509/10, s. 6.
Transition exception, ss. 11.6, 11.7 and 11.9, third party agreements
11.10 Despite clause 11.6 (c), subsection 11.7 (1) and clause 11.9 (1) (c), a board is not required under those provisions to collect information from or provide information to the following parents if under subsection 4 (2) or section 5 the board is not required to operate an extended day program in a school of the board: 1. Parents of pupils who are enrolled in the school. 2. Parents who have expressed an interest in enrolling their children in the school in the next school year. O. Reg. 509/10, s. 6.
Submission to Minister
11.11 (1) A board that is required by this Regulation to operate an extended day program in the 2011/2012 school year or the 2012/2013 school year shall submit to the Minister, in a form specified by the Minister, a detailed account of how the determinations of actual daily fees and actual non-instructional day fees were arrived at. O. Reg. 509/10, s. 6. (2) A board shall submit the form no later than the July 15th immediately preceding the relevant school year. O. Reg. 509/10, s. 6. Deposits and Registration Fees
Deposits and registration fees
11.12 (1) A board may require a deposit or a registration fee to be paid to enrol a pupil in an extended day program. O. Reg. 509/10, s. 6. (2) The amount of a deposit required under subsection (1) shall not exceed the amount of fees charged by the board for two weeks’ enrolment in an extended day program and shall be deducted from the amount of fees payable to the board in respect of the pupil’s enrolment. O. Reg. 509/10, s. 6. (3) The amount of a registration fee required under subsection (1) shall not exceed $50. O. Reg. 509/10, s. 6. (4) A board shall refund a deposit, less a maximum of $50 for administrative fees, if, before the first day that the pupil is enrolled to attend the program the parent advises the board or a school of the board that the pupil will not be attending. O. Reg. 509/10, s. 6. Board Approval of Delegation by Principal
Board approval
12. (1) A board may by resolution give approval to a principal to delegate some or all of his or her duties related to the operation of extended day programs to persons other than a vice-principal if the delegation is in accordance with the following: 1. The delegation is to, i. a person appointed by a board under paragraph 5.1 of subsection 171 (1) of the Act to supervise persons in positions designated by the board as requiring an early childhood educator, ii. a person appointed by a board under subsection 260 (2) of the Act to an early childhood educator position in an extended day program unit that is designated as requiring an early childhood educator, or iii. a person who the principal considers able to fulfil the duties responsibly. 2. The duties delegated to a person described in subparagraph 1 iii may only be exercised in the event of an emergency and if, i. no person described in subparagraph 1 i or ii is available, and ii. there is no vice-principal employed in the principal’s school or there is a vice-principal employed in the principal’s school and the principal has already delegated the duties to be delegated to the vice-principal but he or she is not available. 3. A delegation under subparagraph 1 iii shall be for a temporary period that the principal considers appropriate in the circumstances. 4. A delegation under subparagraph 1 iii shall comply with guidelines, if any, established by the board under subsection (2). O. Reg. 321/10, s. 1. (2) A board may establish guidelines respecting the categories of persons who may be delegates under subparagraph 1 iii of subsection (1). O. Reg. 321/10, s. 1. (3) The board’s approval shall require that a delegation by a principal be in writing and include the following: 1. The name of the individual appointed as a delegate. 2. The scope of a delegation, including the duties being delegated and any conditions on the exercise of those duties. 3. The duration of the delegation. 4. Any other matter that the board considers should be included in writing in the delegation. O. Reg. 321/10, s. 1. (4) Despite subsection (3), in the case of a delegation under subparagraph 1 iii of subsection (1), the matters referred to in paragraphs 1 to 4 of subsection (3) may be specified orally at the time of the delegation and confirmed in writing by the principal within such time period as the board may specify. O. Reg. 321/10, s. 1. (5) A board’s approval shall include directions respecting a principal’s duty to monitor the manner in which delegates fulfil their duties. O. Reg. 321/10, s. 1. (6) A board’s approval shall require the principal to ensure that any board policy governing emergency procedures, including emergency notifications, is readily available to every person to whom the principal delegates duties. O. Reg. 321/10, s. 1. (7) A board’s approval shall require principals to provide copies of delegations and confirmations to such persons as the board may specify. O. Reg. 321/10, s. 1. Appointments — Early Childhood Educators
Appointment to early childhood educator positions, urgent situations
13. (1) Subject to section 14, where no early childhood educator is available, a board may appoint, to an extended day program position designated by the board as requiring an early childhood educator, a person who is not, (a) an early childhood educator; or (b) a person authorized by a letter of permission to be appointed to a position designated by the board as requiring an early childhood educator. O. Reg. 321/10, s. 1. (2) A person appointed under subsection (1) shall be 18 years of age or older and hold an Ontario secondary school diploma, a secondary school graduation diploma or a secondary school honour graduation diploma, or an equivalent to any of them. O. Reg. 321/10, s. 1. (3) An appointment under this section is valid for 10 school days commencing with the day on which the person is appointed. O. Reg. 321/10, s. 1. (4) A board shall submit an annual report to the Minister, and any additional reports that the Minister may require, about appointments made under this section. O. Reg. 321/10, s. 1. (5) A report shall address such matters as the Minister may specify and shall be submitted within the time and in the form that the Minister may specify. O. Reg. 321/10, s. 1.
Appointment to early childhood educator positions, urgent or letter of permission
14. (1) A board shall not appoint a person to an extended day program position designated by the board as requiring an early childhood educator under section 13, or in accordance with a letter of permission, if the person is or has ever been a member of the College of Early Childhood Educators. O. Reg. 321/10, s. 1. (2) A board shall not appoint a person to an extended day program position designated by the board as requiring an early childhood educator under section 13, or in accordance with a letter of permission, unless the person has provided to the board a written statement that any early childhood education certificate or licence granted to him or her by another jurisdiction is not cancelled, suspended or revoked for any reason other than failure to pay fees or levies to the governing body. O. Reg. 321/10, s. 1.