23.
 23. (1) The facilities amount is determined as follows: 1. For each qualifying education program provided by the board under an agreement with a facility listed in subsection (4), determine the amount for the qualifying education program in accordance with subsection (5). 2. Total the amounts determined under paragraph 1. (2) An education program provided by the board under an agreement with a facility listed in subsection (4) 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 and the Minister has approved it on the basis that it satisfies the requirements set out in subsection (3). (3) The requirements for the written agreement referred to in paragraph 3 of subsection (2) are as follows: 1. The agreement includes a staffing plan that sets out the number of teachers and teacher assistants to be employed by the board for the purposes of the program. 2. The agreement adequately sets out the responsibilities of the board and the facility. 3. The agreement sets out the number of pupil places in the program. (4) The following are facilities for the purposes of this section: 1. A psychiatric facility. 2. A children’s aid society designated under section 34 (1) of the Child, Youth and Family Services Act, 2017 or a person or entity funded under section 25 of that Act. 3. A place of temporary detention, a place of open custody or a place of secure custody, as all those terms are defined in subsection 2 (1) of the Child, Youth and Family Services Act, 2017. 4. A home for special care licensed under the Homes for Special Care Act. 5. A hospital approved by the Minister. 6. A correctional institution as defined in the Ministry of Correctional Services Act. 7. A place of temporary detention and a youth custody facility under the Youth Criminal Justice Act (Canada). 8. A long-term care home as defined in subsection 2 (1) of the Long-Term Care Homes Act, 2007. 9. An intensive support residence and a supported group living residence within the meaning of subsection 4 (2) of the Services and Supports to Promote the Social Inclusion of Persons with Developmental Disabilities Act, 2008. O. Reg. 252/17, s. 76. (5) Subject to subsections (6) and (7), the amount for a qualifying education program is determined as follows: 1. Take the lesser of, i. the expenses of the board in the current fiscal year for salary and employee benefits of teachers employed by the board to provide the program, and ii. the amount that could be expended by the board in the current fiscal year for salary and employee benefits of teachers employed by the board to provide the program under the staffing plan referred to in paragraph 1 of subsection (3). 2. Multiply the number of full-time equivalent teachers employed by the board to provide the program by $2,666. For the purposes of this paragraph, the counting practices usually followed by the board for staffing purposes are to be followed. 3. Take the lesser of, i. the expenses of the board in the current fiscal year for salary and employee benefits of teacher assistants employed by the board to assist teachers in providing the program, and ii. the amount that could be expended by the board in the current fiscal year for salary and employee benefits of teacher assistants employed by the board under the staffing plan referred to in paragraph 1 of subsection (3). 4. Multiply the number of full-time equivalent teacher assistants employed by the board to assist teachers in providing the program by $1,302.  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 current 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 $3,523 unless the board obtains the Minister’s approval. 6. Where a board has submitted the “Supplementary Application Form for Enhanced Education and Treatment (EET) Programs 2015-16” for the 2016-2017 fiscal year, determine the additional amount claimed for the current fiscal year, as approved by the Minister, for regulated health professionals, regulated social services professionals or paraprofessionals. 7. Total the amounts determined under paragraphs 1 to 6. (6) Despite subsection (5), if the predecessor to a qualifying education program provided by the board was an education program provided by the Ministry in the facility, the amount otherwise determined under this section for a qualifying education program may be increased by an amount determined by the Minister to be appropriate having regard to reasonable costs of the board in connection with program expenditures that were previously made by the Ministry and are not mentioned in subsection (5). (7) Despite subsections (5) and (6), 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 3 of subsection (2); (b) does not operate during the 2017-2018 school year; or (c) ceases to operate during the 2017-2018 school year.