jswizzle3737/ontario_laws_and_regs huggingface dataset:
Interpretation
 1. (1) This Regulation applies to performance appraisals of teachers conducted under Part X.2 of the Act.  O. Reg. 99/02, s. 1 (1). (2) References in this Regulation to a principal include references to a person other than a principal who conducts a performance appraisal of a teacher under Part X.2 of the Act.  O. Reg. 99/02, s. 1 (2). (3) The interpretations and definitions in Part X.2 of the Act apply for the purposes of this Regulation.  O. Reg. 99/02, s. 1 (3). (4) In this Regulation, “classroom observation” includes the observation of a teacher in his or her ordinary teaching environment if that environment is not a classroom.  O. Reg. 264/06, s. 1. PART II   Teachers other than new teachers
PART II TEACHERS OTHER THAN NEW TEACHERS
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Application
 2. This Part applies with respect to teachers, other than new teachers, and in this Part every reference to a “teacher” means a teacher other than a new teacher.  O. Reg. 264/06, s. 2. 3. Revoked:  O. Reg. 96/07, s. 1.
Evaluation cycle
 4. (1) The evaluation cycle for teachers shall be five consecutive years.  O. Reg. 264/06, s. 2; O. Reg. 96/07, s. 2 (1). (2) Every board shall schedule evaluation years for teachers in a manner that provides for each teacher to have one evaluation year in each evaluation cycle during which the teacher is employed by the board.  O. Reg. 264/06, s. 2. (3) The first year in which a teacher is employed by a board shall be an evaluation year.  O. Reg. 264/06, s. 2. (4) Within 20 school days after a teacher commences teaching in a year that is scheduled as an evaluation year for the teacher, the appropriate principal shall notify the teacher that the year is an evaluation year.  O. Reg. 264/06, s. 2. (5) The board shall ensure that each teacher receives at least one performance appraisal during each of his or her evaluation years.  O. Reg. 264/06, s. 2; O. Reg. 96/07, s. 2 (2). (6) Once a teacher employed by a board receives a performance appraisal, each subsequent evaluation year of the teacher, as long as the teacher continues in the employ of that board, shall be preceded by at least four years that are not evaluation years for the teacher. O. Reg. 671/20, s. 1. (7) If a teacher receives an additional performance appraisal under section 6 in a year that is not the teacher’s evaluation year, the following rules apply: 1.  Despite subsection (6), the year in which the additional performance appraisal is conducted may be preceded by fewer than four years that are not evaluation years. 2.  The year in which the additional performance appraisal is conducted is deemed to be an evaluation year. 3.  The previous evaluation cycle is ended. 4.  The year in which the additional performance appraisal is conducted is deemed to be the first year of a new evaluation cycle. 5.  Subsection (4) does not apply with respect to the evaluation year mentioned in paragraph 2. O. Reg. 671/20, s. 1.
Performance appraisals, 2020-2021
 4.1 (1) The 2020-2021 school year shall not be counted when determining an evaluation cycle under section 4. O. Reg. 671/20, s. 2. (2) No performance appraisals, other than an additional performance appraisal under section 6, shall be conducted during the period that begins on the day Ontario Regulation 672/20 comes into force and ends on August 31, 2021. O. Reg. 671/20, s. 2. (3) If a performance appraisal is conducted in respect of a 2020-2021 evaluation year, the evaluation year is deemed to be 2021-2022 for the purposes of determining the evaluation cycle. O. Reg. 671/20, s. 2.
Principal’s role
 5. (1) The performance appraisals under this Part shall be conducted by the principal assigned to the school to which the teacher is assigned in the evaluation year scheduled for the teacher.  O. Reg. 264/06, s. 2. (2) The principal may conduct performance appraisals of a teacher under this Part at such intervals as the principal considers appropriate, subject to any requirements in Part X.2 of the Act or any regulation, guideline, rule or policy under that Part.  O. Reg. 264/06, s. 2. (3) The principal shall give the teacher written notice of the rating determined for each performance appraisal conducted under this section.  O. Reg. 264/06, s. 2.
Additional performance appraisals
 6. (1) A principal of a school may conduct performance appraisals of a teacher assigned to the school that are additional to those required by section 4, if the principal considers it advisable to do so in light of circumstances relating to the teacher’s performance.  O. Reg. 264/06, s. 2. (2) Subject to subsection (3), and except during a teacher’s evaluation year, a teacher may request performance appraisals that are additional to those required by section 4 and the principal assigned to the school to which the teacher is assigned shall conduct them.  O. Reg. 264/06, s. 2. (3) The principal may refuse to conduct a performance appraisal requested under subsection (2) where he or she is of the opinion that it is unlikely that the performance appraisal will lead to improvement in the teacher’s performance.  O. Reg. 264/06, s. 2. (4) The principal shall give the teacher written notice of the rating determined for each performance appraisal conducted under this section.  O. Reg. 264/06, s. 2.
Rating scale
 7. The principal shall assign one of the following overall performance ratings to a teacher, based on the results of the performance appraisal: 1.  Satisfactory. 2.  Unsatisfactory. 3., 4.  Revoked:  O. Reg. 96/07, s. 3. O. Reg. 264/06, s. 2; O. Reg. 96/07, s. 3.
Performance appraisal
 8. (1) A performance appraisal of a teacher must satisfy the following requirements: 1.  The teacher must be evaluated with respect to the competencies set out in Schedule 1 and such other competencies as may be provided for by the appropriate board under subsection 277.32 (1) of the Act. 2.  The performance appraisal must include the steps listed in subsection (2). 3.  The performance appraisal must be conducted in accordance with such guidelines as the Minister may issue and in accordance with such additional policies, rules, standards, methods, processes, timelines and steps as may be established by the appropriate board.  O. Reg. 264/06, s. 2. (2) A performance appraisal must include the following steps: 1.  A meeting between the principal and the teacher in preparation for a classroom observation of the teacher and to review the teacher’s current learning plan. 2.  Revoked:  O. Reg. 96/07, s. 4 (1). 3.  A classroom observation to evaluate the teacher’s competencies, including a determination by the principal of whether the teacher has the knowledge and is employing the practices described in the guidelines issued by the Minister under subsection 277.33 (1) of the Act. 4.  A meeting between the principal and the teacher after the classroom observation, i.  to review the results of the classroom observation, ii.  to discuss other information relevant to the principal’s evaluation of the teacher’s competencies, and iii.  Revoked:  O. Reg. 96/07, s. 4 (2). iv.  to finalize the teacher’s learning plan for the current year. 5., 6.  Revoked: O. Reg. 96/07, s. 4 (3). 7.  Preparation by the principal of a summative report of the performance appraisal, in a form approved by the Minister, containing, i.  the principal’s evaluation of the teacher, ii.  the principal’s overall performance rating of the teacher, and iii.  the principal’s explanation for the rating. 8.  Provision to the teacher of a copy of the summative report, signed by the principal, within 20 school days after the classroom observation. 9.  Signature by the teacher of a copy of the summative report, to acknowledge receipt by the teacher of a copy of the report. 10.  Provision to the appropriate board of a copy of the summative report, as signed by both the principal and the teacher, and the teacher’s learning plan for the year.  O. Reg. 264/06, s. 2; O. Reg. 96/07, s. 4. (3) At the request of either the teacher or the principal, the teacher and principal shall meet to discuss the performance appraisal after the teacher receives a copy of the summative report.  O. Reg. 264/06, s. 2.
Records
 9. Every board shall retain each record made under Part X.2 of the Act for a period of at least six years from the date of the summative report of the performance appraisal to which the record relates.  O. Reg. 264/06, s. 2. Special Rules
Performance appraisals if teaching only one semester
 10. If a teacher is teaching in only one semester during a year that is scheduled as an evaluation year, all performance appraisals of the teacher required during that evaluation year must be conducted in that semester.  O. Reg. 264/06, s. 2.
Periods of time excluded from evaluation cycle
 11. (1) The five-year evaluation cycle mentioned in subsection 4 (1) excludes the following periods of time: 1.  A period during which the teacher does not teach at any time in a school governed by the board. 2.  A period in a year in the five-year cycle that is scheduled as an evaluation year for the teacher if, throughout the period, the teacher is on an extended leave that has been approved by the board. 3.  A period when the teacher is on secondment to a non-teaching position. 4.  A period when the teacher is on secondment to a teaching position outside the Ontario public education system.  O. Reg. 264/06, s. 2; O. Reg. 96/07, s. 5. (2) If a teacher is on an extended leave during all or part of a year that is scheduled as an evaluation year, any performance appraisal that would otherwise be carried out during that period must be conducted within 60 school days after the teacher returns from leave.  O. Reg. 264/06, s. 2.
Rules, seconded teachers
 12. (1) The following rules apply to every teacher who is seconded to a teaching position in the Ontario public education system during a five-year cycle: 1.  The year that is scheduled as an evaluation year for the teacher during the cycle does not change. 2.  The board from which the teacher is seconded must advise the board to which the teacher is seconded of the teacher’s position in the teacher’s five-year cycle. 3.  The board to which the teacher is seconded shall ensure that all performance appraisals of the teacher that are required during the period the teacher is on secondment to the board are carried out.  O. Reg. 264/06, s. 2; O. Reg. 96/07, s. 6 (1, 2). (2) If a performance appraisal carried out while a teacher is seconded to another board results in an unsatisfactory overall performance rating, the following rules apply: 1.  The secondment agreement terminates. 2.  The performance appraisal is deemed not to have been conducted except for the purposes of terminating the secondment agreement. 3.  The teacher’s five-year cycle recommences on the termination of the secondment agreement and the first year in the cycle is an evaluation year for the teacher. 4.  The board to which the teacher returns shall ensure that a performance appraisal of the teacher is conducted within 60 school days after the teacher’s return.  O. Reg. 264/06, s. 2; O. Reg. 96/07, s. 6 (3). PART III   new teachers
PART III NEW TEACHERS
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Application
 13. This Part applies with respect to new teachers and in this Part every reference to a teacher means a “new teacher”.  O. Reg. 264/06, s. 2. 14. Revoked:  O. Reg. 96/07, s. 7.
Rating scale
 15. (1) The principal shall assign one of the following performance ratings to a new teacher, based on the results of the first performance appraisal conducted in the first 12-month period following his or her being hired as a teacher: 1.  Satisfactory. 2.  Development Needed.  O. Reg. 264/06, s. 2. (2) In the case of a new teacher who was assigned a rating of Satisfactory in the first appraisal, the principal shall assign one of the following ratings to the teacher in the second appraisal conducted in the first 12-month period: 1.  Satisfactory. 2.  Development Needed.  O. Reg. 264/06, s. 2. (3) In the case of a new teacher who was assigned a rating of Development Needed in the first appraisal, the principal shall assign one of the following ratings to the teacher in the second appraisal conducted in the first 12-month period: 1.  Satisfactory. 2.  Unsatisfactory.  O. Reg. 264/06, s. 2. (4) The principal shall assign one of the following ratings to a new teacher in any subsequent appraisal required under the Act: 1.  Satisfactory. 2.  Unsatisfactory.  O. Reg. 264/06, s. 2. (5) In addition to the rating of unsatisfactory, the rating of Development Needed shall be considered not Satisfactory for the purposes of Part X.2 of the Act.  O. Reg. 264/06, s. 2.
Performance appraisal
 16. (1) A performance appraisal of a new teacher must satisfy the following requirements: 1.  The teacher must be evaluated with respect to the competencies set out in Schedule 2 and such other competencies as may be provided for by the appropriate board under subsection 277.32 (1) of the Act. 2.  The performance appraisal must include a classroom observation to evaluate the teacher’s competencies, including a determination by the principal of whether the teacher has the knowledge and is employing the practices described in the guidelines issued by the Minister under subsection 277.33 (1) of the Act. 3.  The performance appraisal must be conducted in accordance with such guidelines as the Minister may issue and in accordance with such additional policies, rules, standards, methods, processes, timelines and steps as may be established by the appropriate board.  O. Reg. 264/06, s. 2. (2) A performance appraisal of a new teacher must include the following steps: 1.  A meeting between the principal and the teacher in preparation for a classroom observation of the teacher. 2.  A classroom observation to evaluate the teacher’s competencies, including a determination by the principal of whether the teacher has the knowledge and is employing the practices described in the guidelines issued by the Minister under subsection 277.33 (1) of the Act. 3.  A meeting between the principal and the teacher after the classroom observation, i.  to review the results of the classroom observation, and ii.  to discuss other information relevant to the principal’s evaluation of the teacher’s competencies, including the teacher’s participation in the new teacher induction program. 4.  Preparation by the principal of a summative report of the performance appraisal, in a form approved by the Minister, containing, i.  the principal’s evaluation of the teacher, ii.  the principal’s overall performance rating of the teacher, and iii.  the principal’s explanation for the rating. 5.  Provision to the teacher of a copy of the summative report, signed by the principal, within 20 school days after the classroom observation. 6.  Signature by the teacher of a copy of the summative report, to acknowledge receipt by the teacher of a copy of the report. 7.  Provision to the appropriate board of a copy of the summative report, as signed by both the principal and the teacher.  O. Reg. 264/06, s. 2; O. Reg. 96/07, s. 8. (3) At the request of either the teacher or the principal, the teacher and principal shall meet to discuss the performance appraisal after the teacher receives a copy of the summative report.  O. Reg. 264/06, s. 2.
Records
 17. Every board shall retain each record made under Part X.2 of the Act for a period of at least six years from the date of the summative report of the performance appraisal to which the record relates.  O. Reg. 264/06, s. 2. Special Rules
Periods of time excluded from new teaching period
 18. (1) A teacher’s new teaching period excludes the following periods of time: 1.  A period during which the teacher does not teach at any time in a school governed by the board. 2.  A period during which the teacher is on an extended leave that has been approved by the board. 3.  A period when the teacher is on secondment to a non-teaching position. 4.  A period when the teacher is on secondment to a teaching position outside the Ontario public education system.  O. Reg. 264/06, s. 2. (2) With respect to a period during which a teacher is on an extended leave that has been approved by the board, any performance appraisal that would otherwise be carried out during that period must be conducted within 60 school days after the teacher returns from leave.  O. Reg. 264/06, s. 2.
Extension of evaluation cycle
 19. (1) A board shall extend a teacher’s new teaching period if all of the following conditions apply: 1.  The teacher had three performance appraisals during the first 18 months of the new teaching period and one appraisal resulted in a Satisfactory rating. 2.  After the start of the 19th month but before the expiry of the teacher’s new teaching period, the teacher, i.  begins to teach at a different school governed by the same board, or ii.  becomes employed as a teacher by a different board. 3.  The teacher has submitted a request in writing to the appropriate supervisory officer for the new school or the new board, as the case may be, for an extension of his or her new teaching period. 4.  The request for an extension was made after the start of the 19th month but before the expiry of the teacher’s new teaching period. 5.  The new teaching period has not been previously been extended under this section.  O. Reg. 264/06, s. 2. (2) A teacher’s new teaching period may be extended under subsection (1) for up to 90 school days.  O. Reg. 264/06, s. 2. (3) Within 20 school days of receiving a request under paragraph 3 of subsection (1), the board mentioned under subparagraph 2 i or ii, as the case may be, shall provide notice in writing confirming the length of the extension, (a)  to the teacher, and (b)  to the principal of the school to which the teacher is assigned.  O. Reg. 264/06, s. 2.
Rules, seconded teachers
 20. (1) The following rules apply to every new teacher who is seconded to a teaching position in the Ontario public education system during his or her new teaching period: 1.  The secondment does not affect the performance appraisal schedule for new teachers set out in section 277.29 of the Act. 2.  The board from which the teacher is seconded must advise the board to which the teacher is seconded of the teacher’s position in his or her new teaching period. 3.  The board to which the teacher is seconded shall ensure that all performance appraisals of the teacher that are required during the period the teacher is on secondment to the board are carried out.  O. Reg. 264/06, s. 2. (2) If a performance appraisal carried out while a teacher is seconded to another board results in an overall performance rating that is not satisfactory, the following rules apply: 1.  The secondment agreement terminates. 2.  The performance appraisal is deemed not to have been conducted except for the purposes of terminating the secondment agreement. 3.  The teacher resumes the position in his or her new teaching period that the teacher was in when he or she began the secondment and the 24-month period commences running from that position on the termination of the secondment agreement. 4.  The board to which the teacher returns shall ensure a performance appraisal of the teacher is conducted within 60 school days after the teacher’s return.  O. Reg. 264/06, s. 2. PART Iv   provincial schools and demonstration schools
Provincial schools
 21. (1) Part X.2 of the Act, Parts I, II and III of this Regulation, the other regulations under Part X.2 of the Act, and the guidelines, rules and policies under Part X.2 of the Act, apply to schools established or continued under subsection 13 (1), (2), (3.1) or (4) of the Act and to schools operated by a ministry under the Provincial Schools Authority Act, subject to such modifications as the circumstances require, including the modifications set out in this section.  O. Reg. 264/06, s. 2; O. Reg. 200/18, s. 1 (1). (2) If a teacher employed by a board is seconded to a school referred to in subsection (1), subsection (1) does not apply to the teacher unless Part X.2 of the Act applies to the board.  O. Reg. 264/06, s. 2. (3) Despite subsection 277.15 (1) of the Act and subsection 1 (3) of this Regulation, in Part X.2 of the Act, Parts I, II and III of this Regulation, the other regulations under Part X.2 of the Act, and the guidelines, rules and policies under Part X.2 of the Act, unless the context requires otherwise, (a)  a reference to a board is deemed to be a reference to the Provincial Schools Authority; (b)-(d) Revoked: O. Reg. 200/18, s. 1 (2). (e)  a reference to a director of education for a board is deemed to be a reference to the chair of the Provincial Schools Authority or, in the case of Centre Jules-Léger (École provinciale pour sourds, aveugles et sourds-aveugles), the director of education of the Centre Jules-Léger Consortium; (f)  a reference to a school council is deemed to be a reference to any body that acts in a capacity similar to a school council; and (g)  a reference to a special education advisory committee is deemed to be a reference to any body that acts in a capacity similar to a special education advisory committee.  O. Reg. 264/06, s. 2; O. Reg. 200/18, s. 1 (2). (4) Subsections 277.15 (2) and (3) and sections 277.24 to 277.27 of the Act have no application to the schools referred to in subsection (1).  O. Reg. 264/06, s. 2. (5) Revoked:  O. Reg. 96/07, s. 9 (1). (6) Subsections (3) and (4) apply only for the purposes of subsection (1).  O. Reg. 264/06, s. 2; O. Reg. 96/07, s. 9 (2).
PART V TRANSITION TO NEW APPRAISAL RULES
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Definitions
 23. In this Part, “changeover date” means the day on which the new appraisal rules first apply to a board in accordance with this Part; (“date de changement”) “new appraisal rules” mean this Regulation as it reads on April 1, 2007; (“nouvelles règles d’évaluation”) “old appraisal rules” mean this Regulation as it reads on March 31, 2007. (“anciennes règles d’évaluation”)  O. Reg. 96/07, s. 11.
Application
 24. (1) Despite the coming into force of the new appraisal rules, the old appraisal rules continue to apply to a board until the day preceding the board’s changeover date.  O. Reg. 96/07, s. 11. (2) The new appraisal rules apply to every board on and after September 1, 2007.  O. Reg. 96/07, s. 11. (3) Despite subsection (2), a board may choose any date from April 1, 2007 to August 31, 2007, to be its changeover date, and the new appraisal rules shall apply to the board on and after that date.  O. Reg. 96/07, s. 11. (4) If a board intends to have the new appraisal rules apply to it before September 1, 2007, the board shall give notice, in writing, of its proposed changeover date to, (a)  the Minister; and (b)  every teacher of the board, other than a new teacher, for whom the 2006-2007 school year would, under the old appraisal rules, be an evaluation year.  O. Reg. 96/07, s. 11. (5) The board shall include in every notice given under clause (4) (b) information regarding the new appraisal rules and the transition to them.  O. Reg. 96/07, s. 11.
Competencies for teachers other than new teachers
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Competencies for new teachers
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