Review status
 36. (1) Throughout any period during which a vice-principal is on review status, the principal assigned to the school to which the vice-principal is assigned shall, (a) monitor the vice-principal’s performance; (b) consult regularly with the appropriate supervisory officer regarding the vice-principal’s performance and steps that may be taken to improve it; and (c) provide such feedback and recommendations to the vice-principal as the principal considers might help the vice-principal improve his or her performance.  O. Reg. 234/10, s. 36 (1). (2) Clause (1) (b) does not apply where the principal’s duties and powers are performed and exercised by a supervisory officer in accordance with section 41 or by the director of education in accordance with section 42.  O. Reg. 234/10, s. 36 (2). (3) The principal shall conduct a third performance appraisal and the interval between the performance appraisal required by subsection 34 (4) and the third performance appraisal shall be in the discretion of the principal, subject to any requirements in this Part or in any guideline, rule or policy made under Part XI.1 of the Act.  O. Reg. 234/10, s. 36 (3). (4) The principal shall assign a rating to the vice-principal for the appraisal between 20 and 60 school days after the day on which the vice-principal is advised that he or she is on review status.  O. Reg. 234/10, s. 36 (4). (5) The timeline described in subsection (4) may be adjusted by mutual agreement of the principal and the vice-principal.  O. Reg. 234/10, s. 36 (5). (6) In exercising his or her discretion under subsection (3) with respect to the timing of the third performance appraisal and in deciding whether to agree to an adjustment of the timeline under subsection (5), the principal shall balance the desirability of giving the vice-principal a reasonable opportunity to improve his or her performance against the best interests of the school.  O. Reg. 234/10, s. 36 (6). (7) If, at any time during the 60 school days starting with the day on which the vice-principal is advised that he or she is on review status, the principal and the appropriate supervisory officer jointly determine that the delay necessitated by conducting a performance appraisal under subsection (3) is inconsistent with the protection of the best interests of the school, the principal shall refrain from conducting the appraisal and shall promptly recommend to the board in writing that, (a) the vice-principal be reassigned or have his or her employment terminated; or (b) other appropriate actions be taken.  O. Reg. 234/10, s. 36 (7). (8) A recommendation under subsection (7) shall be accompanied by, (a) a statement that in the opinion of both the principal and the supervisory officer the delay necessitated by a third performance appraisal is inconsistent with the protection of the best interests of the school; and (b) copies of all documents relied on in conducting the performance appraisals referred to in subsections 34 (1) and (4).  O. Reg. 234/10, s. 36 (8). (9) Where the principal’s duties and powers are performed and exercised by a supervisory officer in accordance with section 41 or by the director of education in accordance with section 42, the supervisory officer or the director of education shall perform the duties under subsections (7) and (8) alone.  O. Reg. 234/10, s. 36 (9). (10) The principal shall promptly provide the vice-principal with copies of the recommendation under subsection (7) and all documents referred to in subsection (8).  O. Reg. 234/10, s. 36 (10). (11) A board that receives a recommendation under subsection (7) shall, after considering all documents provided to it, (a) determine that the vice-principal was performing satisfactorily as a vice-principal in the position that he or she had at the time of the most recent performance appraisal; or (b) determine that the vice-principal was not performing satisfactorily as a vice-principal in the position that he or she had at the time of the most recent performance appraisal and reassign the vice-principal to other duties, terminate the vice-principal’s employment or take other appropriate actions.  O. Reg. 234/10, s. 36 (11). (12) The determination of the board shall be made within 60 days after the day the recommendation under subsection (7) is made.  O. Reg. 234/10, s. 36 (12). (13) If the board makes the determination described in clause (11) (a), the vice-principal shall remain in the position that he or she had at the time of the most recent performance appraisal, unless the board and vice-principal otherwise agree.  O. Reg. 234/10, s. 36 (13). (14) A board shall not terminate the employment of a vice-principal without first giving the vice-principal reasonable information about the reasons for the termination and an opportunity to make submissions to the board.  O. Reg. 234/10, s. 36 (14). (15) In making decisions and providing information under this section, the board shall comply with any applicable board policies and procedures.  O. Reg. 234/10, s. 36 (15).