Review status
 12. (1) Throughout any period during which a principal is on review status, the appropriate supervisory officer shall, (a) monitor the principal’s performance; (b) consult regularly with the director of education regarding the principal’s performance and steps that may be taken to improve it; and (c) provide such feedback and recommendations to the principal as the supervisory officer considers might help the principal improve his or her performance.  O. Reg. 234/10, s. 12 (1). (2) Clause (1) (b) does not apply where the supervisory officer’s duties and powers are performed and exercised by the director of education in accordance with section 18.  O. Reg. 234/10, s. 12 (2). (3) The appropriate supervisory officer shall conduct a third performance appraisal and the interval between the performance appraisal required by subsection 10 (4) and the third performance appraisal shall be in the discretion of the supervisory officer conducting the third performance appraisal, 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. 12 (3). (4) The supervisory officer conducting the third performance appraisal shall assign a rating to the principal for the appraisal between 20 and 60 school days after the day on which the principal is advised that he or she is on review status.  O. Reg. 234/10, s. 12 (4). (5) The timeline described in subsection (4) may be adjusted by mutual agreement of the supervisory officer and the principal.  O. Reg. 234/10, s. 12 (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 supervisory officer shall balance the desirability of giving the principal a reasonable opportunity to improve his or her performance against the best interests of the school.  O. Reg. 234/10, s. 12 (6). (7) If, at any time during the 60 school days starting with the day on which the principal is advised that he or she is on review status, the supervisory officer determines that the delay necessitated by conducting a performance appraisal under subsection (3) is inconsistent with the protection of the best interests of the school, he or she shall refrain from conducting the appraisal and shall promptly recommend to the board in writing that, (a) the principal be reassigned, demoted to vice-principal or have his or her employment terminated; or (b) other appropriate actions be taken.  O. Reg. 234/10, s. 12 (7). (8) A recommendation under subsection (7) shall be accompanied by, (a) a statement that in the opinion of 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 10 (1) and (4).  O. Reg. 234/10, s. 12 (8). (9) The supervisory officer shall promptly provide the principal with copies of the recommendation under subsection (7) and all documents referred to in subsection (8).  O. Reg. 234/10, s. 12 (9). (10) A board that receives a recommendation under subsection (7) shall, after considering all documents provided to it, (a) determine that the principal was performing satisfactorily as a principal in the position that he or she had at the time of the most recent performance appraisal; or (b) determine that the principal was not performing satisfactorily as a principal in the position that he or she had at the time of the most recent performance appraisal and reassign the principal to other duties, demote the principal to vice-principal, terminate the principal’s employment or take other appropriate actions.  O. Reg. 234/10, s. 12 (10). (11) 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. 12 (11). (12) If the board makes the determination described in clause (10) (a), the principal shall remain in the position that he or she had at the time of the most recent performance appraisal, unless the board and principal otherwise agree.  O. Reg. 234/10, s. 12 (12). (13) A board shall not terminate the employment of a principal without first giving the principal reasonable information about the reasons for the termination and an opportunity to make submissions to the board.  O. Reg. 234/10, s. 12 (13). (14) 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. 12 (14).