Bill ,

Bill 242                                                        2010

An Act to amend the Education Act and certain other Acts in relation to early childhood educators, junior kindergarten and kindergarten, extended day programs and certain other matters

Note: This Act amends or repeals more than one Act.  For the legislative history of these Acts, see the Table of Consolidated Public Statutes – Detailed Legislative History at www.e-Laws.gov.on.ca.

Preamble

Academic research has established the benefits of a comprehensive, full day early learning program.  Full day early learning improves outcomes for individual children and for society.

The Government of Ontario has announced its intent to implement a full day early learning program for four and five year olds beginning in September 2010. The program will be phased in across the province over the next five years.  To support children and families, the full day early learning program will include fee-based extended programs to be offered before and after school.

The full day early learning program will require collaboration among teachers and early childhood educators to provide high quality and effective play-based education to support enhanced learning and cognitive, emotional and social development for children.

Implementing full day early learning will require strong local partnerships under a provincial framework.

Therefore, Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:

Education Act

   1.  (1)  Subsection 1 (1) of the Education Act is amended by adding the following definitions:

“designated early childhood educator” means an early childhood educator who is appointed by a board to a position in junior kindergarten, kindergarten or extended day programs that is designated by the board as requiring an early childhood educator; (“éducateur de la petite enfance désigné”)

“early childhood educator” means a member of the College of Early Childhood Educators; (“éducateur de la petite enfance”)

“extended day program” means a program operated by a board under section 259; (“programme de jour prolongé”)

“pupil” includes a child enrolled in an extended day program; (“élève”)

   (2)  The definition of “school” in subsection 1 (1) of the Act is amended by striking out the portion after clause (b) and substituting the following:

and includes the pupils who are enrolled in extended day programs in the unit or institution, the teachers, designated early childhood educators and other staff members associated with the unit or institution, and the lands and premises used in connection with the unit or institution; (“école”)

   2.  (1)  Subsection 8 (1) of the Act is amended by adding the following paragraph:

junior kindergarten and kindergarten

3.0.0.1            issue and require boards to comply with policies and guidelines governing all aspects of the operation of junior kindergarten and kindergarten, including policies and guidelines,

            i.  respecting the schools at which junior kindergarten and kindergarten are required and are not required to be operated,

           ii.  respecting the hours during which and the days on which a board is required and is not required to operate junior kindergarten and kindergarten in one or more schools of the board,

          iii.  respecting curriculum and programs for junior kindergarten and kindergarten,

          iv.  respecting the circumstances in which a board is not required to designate a position in a junior kindergarten or kindergarten class as requiring an early childhood educator or to appoint an early childhood educator to such a position;

   (2)  Subsection 8 (1) of the Act is amended by adding the following paragraph:

letter of permission, early childhood educator position

10.1 grant a letter of permission to a board authorizing the board to appoint a person who is not an early childhood educator to a position designated by the board as requiring an early childhood educator if the Minister is satisfied that no early childhood educator is available, but a letter of permission shall be effective only for the period, not exceeding one year, that the Minister may specify;

   (3)  Paragraph 14 of subsection 8 (1) of the Act is amended by striking out “teacher” and substituting “teacher, designated early childhood educator”.

   (4)  Paragraph 16 of subsection 8 (1) of the Act is amended by striking out “teachers” and substituting “teachers, designated early childhood educators”.

   (5)  Paragraph 18 of subsection 8 (1) of the Act is amended by striking out “teachers” at the end and substituting “teachers and designated early childhood educators”.

   (6)  Subparagraph 22 (b) of subsection 8 (1) of the Act is amended by striking out “teachers” and substituting “teachers, designated early childhood educators”.

   (7)  Subsection 8 (1) of the Act is amended by adding the following paragraph:

discretion to establish French-language programs for English-speaking pupils

25.1 permit a board to establish for English-speaking pupils extended day programs involving varying degrees of the use of the French language, provided that extended day programs in which English is used are made available to pupils whose parents desire such programs for their children;

   3.  (1)  Subsection 8.1 (1) of the Act is amended by adding the following paragraphs:

  3.1  Planning or delivering extended day programs, allocating resources to them, evaluating or monitoring them or detecting, monitoring and preventing fraud or any unauthorized receipt of services or benefits related to them.

  3.2  Providing for financial assistance related to extended day programs, evaluating or monitoring the provision of the assistance or detecting, monitoring and preventing fraud or any unauthorized receipt of benefits related to the assistance.

   (2)  Subsection 8.1 (1) of the Act is amended by adding the following paragraphs:

  4.1  Risk management, error management or activities to improve or maintain the quality of extended day programs.

  4.2  Risk management, error management or activities to improve or maintain the provision of financial assistance related to extended day programs.

   (3)  Paragraph 2 of subsection 8.1 (5) of the Act is amended by striking out “subsection 266.3 (3)” at the end and substituting “subsections 266.3 (3) and (4)”.

   4.  (1)  Subsection 11 (1) of the Act is amended by adding the following paragraph:

junior kindergarten and kindergarten

  6.1  governing all aspects of the operation of junior kindergarten and kindergarten, including regulations,

            i.  respecting the schools at which junior kindergarten and kindergarten are required and are not required to be operated,

           ii.  respecting the hours during which and the days on which a board is required and is not required to operate junior kindergarten and kindergarten in one or more schools of the board,

          iii.  respecting curriculum and programs for junior kindergarten and kindergarten,

          iv.  respecting the circumstances in which a board is not required to designate a position in a junior kindergarten or kindergarten class as requiring an early childhood educator or to appoint an early childhood educator to such a position;

   (2)  Paragraph 20 of subsection 11 (1) of the Act is amended by striking out “a teacher from teaching, and a public board from providing, religious education in any school or class” at the end and substituting “a teacher from teaching, and a designated early childhood educator or public board from providing, religious education in any school, class or program”.

   (3)  Paragraph 22 of subsection 11 (1) of the Act is amended by striking out “teachers” and substituting “teachers and designated early childhood educators”.

   (4)  Subsection 11 (1) of the Act is amended by adding the following paragraph:

early childhood educators’ learning plans

25.1 respecting learning plans for,

            i.  designated early childhood educators, and

           ii.  persons who, under the authority of a letter of permission, are appointed by a board to positions designated by the board as requiring an early childhood educator,

including regulations requiring a board to ensure that learning plans are developed for those persons, requiring a board to ensure that each learning plan is reviewed on a periodic basis set out in the regulations, and requiring a board to use forms approved by the Minister for any purpose associated with this paragraph;

   (5)  Paragraph 26 of subsection 11 (1) of the Act is amended by striking out “the appointment of teachers” and substituting “the appointment of teachers, designated early childhood educators”.

   (6)  Paragraph 26.1 of subsection 11 (1) of the Act is amended by,

  (a)  striking out “the Ontario College of Teachers Act, 1996” in subparagraph i and substituting “the Ontario College of Teachers Act, 1996 or the Early Childhood Educators Act, 2007”;

  (b)  striking out “the Ontario College of Teachers Act, 1996” in subparagraph ii and substituting “the Ontario College of Teachers Act, 1996 or the Early Childhood Educators Act, 2007”; and

   (c)  striking out “the OntarioCollege of Teachers Act, 1996” in subparagraph iii and substituting “the Ontario College of Teachers Act, 1996 or the Early Childhood Educators Act, 2007”.

   (7)  Paragraph 29 of subsection 11 (1) of the Act is repealed and the following substituted:

qualification to teach

  29.  prescribing specific qualifications and experience required for the purpose of qualifying a teacher to teach in specified areas or positions;

   (8)  Subsection 11 (1) of the Act is amended by adding the following paragraph:

qualifications, designated early childhood educator

29.1 prescribing specific qualifications and experience required for the purpose of qualifying a designated early childhood educator to work in specified areas or positions in junior kindergarten, kindergarten or extended day programs;

   (9)  Clause 11 (9) (f) of the Act is amended by striking out “teachers” and substituting “teachers, designated early childhood educators”.

   5.  Subsection 13 (7) of the Act is amended by adding the following clause:

   (k)  respecting the operation of junior kindergarten, kindergarten and extended day programs in the schools and respecting the appointment of early childhood educators to positions in junior kindergarten, kindergarten and extended day programs in the schools.

   6.  (1)  Paragraph 6.1 of subsection 170 (1) of the Act is repealed and the following substituted:

provide education and accommodation

  6.1  subject to payment of fees charged under section 260.1, provide education and adequate accommodation for pupils enrolled in extended day programs operated by the board;

junior kindergartens and kindergartens

  6.2  subject to paragraph 3.0.0.1 of subsection 8 (1) and paragraph 6.1 of subsection 11 (1), operate full day junior kindergartens and kindergartens on every school day, other than professional activity days, in every elementary school of the board;

   (2)  Paragraph 12 of subsection 170 (1) of the Act is repealed and the following substituted:

appoint principal and teachers

  12.  appoint a principal and an adequate number of teachers for each school of the board;

designate early childhood educator positions

12.0.1 subject to paragraph 3.0.0.1 of subsection 8 (1) and paragraph 6.1 of subsection 11 (1), designate at least one position in each junior kindergarten and kindergarten class in each school of the board as requiring an early childhood educator;

appoint early childhood educators

12.0.2 subject to paragraph 3.0.0.1 of subsection 8 (1) and paragraph 6.1 of subsection 11 (1), appoint early childhood educators to positions designated under paragraph 12.0.1;

   (3)  Paragraph 12.1 of subsection 170 (1) of the Act is repealed and the following substituted:

duties – charges, convictions

12.1 on becoming aware that a person who is employed by the board as a teacher or temporary teacher, or a person who is employed by the board in a position designated by the board as requiring an early childhood educator, has been charged with or convicted of an offence under the Criminal Code (Canada) involving sexual conduct and minors, or of any other offence under the Criminal Code (Canada) that in the opinion of the board indicates that pupils may be at risk, take prompt steps to ensure that the person performs no duties in the classroom, no duties in an extended day program and no duties involving contact with pupils, pending withdrawal of the charge, discharge following a preliminary inquiry, stay of the charge or acquittal, as the case may be;

   (4)  Subsection 170 (2) of the Act is repealed and the following substituted:

Full day junior kindergarten and kindergarten

   (2)  For the purposes of paragraph 6.2 of subsection (1), a board operates full day junior kindergarten and kindergarten in a school if junior kindergarten and kindergarten operate during substantially the same period of time that classes in the first three years of the program of studies immediately following kindergarten are held in the school.

Designated early childhood educator additional to teacher

   (2.1)  An early childhood educator appointed to a position under paragraph 12.0.2 of subsection (1) shall be in addition to the teacher assigned or appointed to teach the junior kindergarten or kindergarten class.

   (5)  Section 170 of the Act is amended by adding the following subsection:

Appoint or assign teachers

   (2.2)  For greater certainty, a board shall assign or appoint a teacher to each junior kindergarten and kindergarten class in each school of the board.

   7.  Section 170.3 of the Act is repealed and the following substituted:

Teachers’ assistants, etc.

   170.3  The Lieutenant Governor in Council may make regulations governing duties and minimum qualifications of persons who are assigned,

  (a)  to assist teachers or to complement instruction by teachers in elementary or secondary schools, except in junior kindergarten or kindergarten;

  (b)  to assist teachers and designated early childhood educators or to complement instruction by teachers and the work of designated early childhood educators in junior kindergarten or kindergarten; or 

   (c)  to assist designated early childhood educators or to complement the work of designated early childhood educators in extended day programs.

   8.  (1)  Paragraph 3 of subsection 171 (1) of the Act is amended by,

  (a)  striking out “appoint and remove such teachers” and substituting “appoint and remove such teachers and designated early childhood educators”; and

  (b)  striking out “officers, servants and teachers” and substituting “officers, servants, teachers and designated early childhood educators”.

   (2)  Paragraph 5 of subsection 171 (1) of the Act is repealed and the following substituted:

supervisors, teachers

    5.  appoint persons to supervise teaching staff and every appointee shall hold the qualifications and perform the duties required under any Act or regulation administered by the Minister;

supervisors, designated early childhood educators

  5.1  appoint persons to supervise persons in positions designated by the board as requiring an early childhood educator and every appointee shall hold the qualifications and perform the duties required under any Act or regulation administered by the Minister;

   (3)  Paragraph 15 of subsection 171 (1) of the Act is repealed.

   (4)  Paragraph 17 of subsection 171 (1) of the Act is amended by striking out “teacher” and substituting “teacher, designated early childhood educator”.

   (5)  Paragraph 18 of subsection 171 (1) of the Act is amended by striking out “teacher” in the portion before subparagraph i and substituting “teacher, designated early childhood educator”.

   (6)  Paragraph 23 of subsection 171 (1) of the Act is repealed and the following substituted:

pupil fees

  23.  subject to the provisions of this Act and the regulations, fix the fees to be paid by or on behalf of pupils;

pupil fees, payment and enforcement

23.1 subject to the provisions of this Act and the regulations, fix the times of payment of fees to be paid by or on behalf of pupils, enforce payment of those fees by action in the Small Claims Court, and exclude any pupil by or on behalf of whom fees that are legally required to be paid are not paid after reasonable notice;

   (7)  Paragraph 32 of subsection 171 (1) of the Act is amended by striking out “teachers” at the end and substituting “teachers and designated early childhood educators”.

   (8)  Paragraph 41 of subsection 171 (1) of the Act is amended by striking out “teacher” and substituting “teacher or designated early childhood educator”.

   (9)  Subsection 171 (2) of the Act is amended by striking out “teachers” and substituting “teachers and designated early childhood educators”.

   (10)  Subsection 171 (3) of the Act is amended by striking out “teachers” and substituting “teachers and designated early childhood educators”.

   9.  (1)  Clauses 181 (1) (b) and (c) of the Act are repealed and the following substituted:

  (b)  accommodation and equipment for instructional and other educational purposes;

   (c)  the services of teachers, designated early childhood educators and other personnel; or

   (2)  Subsection 181 (4) of the Act is repealed and the following substituted:

Fees, exception

   (4)  Despite the regulations, other than the regulations made under Part IX.1, an agreement under this section may provide for the calculation and payment of fees in respect of pupils covered by the agreement.

   10.  The Act is amended by adding the following Part:

PART IX.1
extended day programs

Definition

   258.  In this Part,

“parent” includes a person who has lawful custody of a child.

Operation of extended day programs by boards

   259.  (1)  Subject to the regulations, policies and guidelines made under this Part, every board shall operate extended day programs in every elementary school of the board, on every school day, other than professional activity days, outside the time when junior kindergarten and kindergarten are operated in the school, for pupils of the board who are enrolled in junior kindergarten or kindergarten.

Same

   (2)  Subject to the regulations, policies and guidelines made under this Part, a board may also operate extended day programs in a school of the board, outside the time when junior kindergarten and kindergarten are operated in the school, for any pupils of the board to whom the board decides to provide the program.

Same

   (3)  Two or more boards may enter into agreements for the purposes of subsection (4).

Same

   (4)  Subject to the regulations, policies and guidelines made under this Part, a board may operate extended day programs in a school of the board, outside the time when junior kindergarten and kindergarten are operated in the school, for pupils of another board if the board has entered into an agreement with the other board to do so.

Agreements

   (5)  Nothing in this section limits any right of a board to enter into an agreement with a person or other entity to operate a program in a school of the board, other than a program operated at the same time as, and for the same pupils who may enrol in, an extended day program operated by the board under subsection (1).

Designate early childhood educator positions

   260.  (1)  Subject to the regulations, policies and guidelines made under this Part, every board shall designate at least one position in each extended day program unit in each school of the board as requiring an early childhood educator to lead the unit.

Appoint early childhood educators

   (2)  Subject to the regulations, policies and guidelines made under this Part, every board shall appoint early childhood educators to positions designated under subsection (1).

Fees

   260.1  (1)  Every board shall charge the fees prescribed under clause 260.6 (1) (b) to parents of pupils enrolled in extended day programs operated by the board to recover the operating costs incurred by the board.

Same

   (2)  For greater certainty, no fees may be charged under subsection (1) unless the fees have been prescribed by regulation under clause 260.6 (1) (b).

Same

   (3)  For greater certainty, paragraph 23.1 of subsection 171 (1) applies to fees charged under subsection (1).

Delegation by principal

   260.2  A principal may delegate any of his or her duties under this Act that relate to the operation of extended day programs to,

  (a)  a vice principal; or

  (b)  another person, if approved by the board in accordance with the regulations, policies or guidelines made under this Part.

Right to attend

   260.3  (1)  Part II, except sections 19 and 20, and sections 167.1 and 293 do not apply to extended day programs.

Same

   (2)  Without limiting the generality of subsection (1), the right to attend a school of a board under Part II, section 167.1 or section 293 does not confer a right to be enrolled in an extended day program operated by the board.

Agreements re financial assistance

   260.4  The Minister and, if authorized by the Minister, a board, may enter into agreements with any person or entity respecting the provision of financial assistance to persons who are charged fees under section 260.1.

Minister’s policies and guidelines

   260.5  (1)  The Minister may issue policies and guidelines respecting all aspects of the operation of extended day programs and require boards to comply with them.

Same

   (2)  Without limiting the generality of subsection (1), the Minister may issue a policy or guideline under subsection (1),

  (a)  respecting the schools at which extended day programs are required and are not required to be operated;

  (b)  respecting the hours during which and the days on which extended day programs shall or may be operated;

   (c)  respecting content for extended day programs;

  (d)  requiring a board to establish criteria and conditions respecting which pupils may be enrolled in extended day programs operated by the board, including criteria and conditions respecting which pupils referred to in subsections 259 (1), (2) and (4) may be enrolled in extended day programs operated by the board;

  (e)  specifying criteria and conditions that a board must establish and that a board may establish under clause (d);

    (f)  authorizing a board to enrol children in extended day programs offered during the time period beginning at the end of a school year and ending at the start of the next school year if,

           (i)  the children have registered to be enrolled as pupils of the board in the next school year, or

          (ii)  the children have registered to be enrolled as pupils of another board in the next school year, if the boards have entered into an agreement with each other under subsection 259 (4);

  (g)  prescribing the qualifications and experience required for the purpose of qualifying a person to be appointed to a position in an extended day program designated by the board as requiring an early childhood educator;

   (h)  prescribing the qualifications and experience required for the purpose of qualifying a person, other than a person described in clause (g), to be appointed to a position in an extended day program;

    (i)  providing for the circumstances in which a board is not required to designate a position in an extended day program unit operated under subsection 259 (2) or (4) as requiring an early childhood educator to lead the unit or to appoint an early childhood educator to such a position;

    (j)  governing the size of extended day program units, including,

           (i)  establishing the methods to be used by a board in determining the size of its extended day program units,

          (ii)  requiring boards to,

                 (A)  prepare reports and plans containing specified information relating to the size of its extended day program units,

                 (B)  make the reports and plans available to the public in the specified manner, and

                 (C)  submit the reports and plans required to the Minister in the specified manner;

   (k)  prescribing the language or languages in which extended day programs shall be operated;

    (l)  providing for reviews of extended day programs and require boards to participate in the reviews;

(m)  respecting the approval by a board of a delegation under clause 260.2 (b).

Legislation Act, 2006, Part III

   (3)  Part III (Regulations) of the Legislation Act, 2006 does not apply to a policy or guideline of the Minister under this section.

Regulations: extended day program, general

   260.6  (1)  The Lieutenant Governor in Council may make regulations,

  (a)  governing all aspects of the operation of extended day programs;

  (b)  governing the amount of fees that a board may charge under subsection 260.1 (1);

   (c)  governing the time of payment of fees charged under subsection 260.1 (1);

  (d)  respecting operating costs for the purposes of subsection 260.1 (1), including regulations respecting what is to be included and excluded in determining those costs and regulations respecting how those costs are to be calculated.

Same, cl. (1) (a)

   (2)  Subsection 260.5 (2) applies with necessary modifications to regulations made under clause (1) (a).

Same, cl. (1) (b)

   (3)  In making a regulation under clause (1) (b), the Lieutenant Governor in Council shall recognize that the fees to be charged by a board must bear a reasonable relationship to the operating costs incurred by the board.

Regulations: extended day program, financial assistance

   260.7  The Lieutenant Governor in Council may make regulations respecting the provision of financial assistance to persons who are charged fees under section 260.1, including regulations,

  (a)  providing for such positions as the Lieutenant Governor in Council considers advisable to manage the provision of the financial assistance;

  (b)  authorizing the Minister and such other persons or entities as may be specified in the regulations to appoint persons or entities to the positions referred to in clause (a), subject to any restrictions or criteria relating to the appointments set out in the regulations;

   (c)  designating persons or entities to be responsible for such aspects of the delivery of the financial assistance as are set out in the regulations;

  (d)  respecting the powers, duties and functions of,

           (i)  the Minister and any other person or entity authorized to make appointments under clause (b),

          (ii)  any person or entity appointed under clause (b),

         (iii)  any person or entity designated under clause (c);

  (e)  designating geographic areas for the purpose of managing the provision of the financial assistance;

    (f)  respecting agreements that may be entered into by the Minister or any person or entity referred to in subclause (d) (i), (ii) or (iii) in relation to the provision of the financial assistance;

  (g)  respecting agreements that may be entered into by boards in relation to the provision of the financial assistance;

   (h)  specifying terms and conditions that may or must be included in the agreements referred to in clauses (f) and (g), including terms providing for the transfer of powers, duties and functions under this section from one person or entity to another;

    (i)  governing eligibility for, applications for and payment of the financial assistance;

    (j)  governing application forms and their contents;

   (k)  governing the resolution of disputes relating to eligibility for and the amount of the financial assistance;

    (l)  governing the criteria for and the manner of calculating the amounts of the financial assistance;

(m)  requiring a person or entity who has entered into an agreement with the Minister under section 260.4 or clause (f) to provide reports, at such times and with such content as are specified in the regulations, to a board.

Transitional regulations

   260.8  (1)  The Lieutenant Governor in Council may make regulations respecting transitional matters related to the implementation of this Part.

Conflict with transitional regulations

   (2)  In the event of a conflict, a regulation made under subsection (1) prevails over provisions of an Act or regulation that are administered by the Minister.

Offence

   260.9  (1)  Every person who knowingly furnishes false information in any application, statement or report that relates to the provision, management or receipt of financial assistance under this Part is guilty of an offence and on conviction is liable to a fine of not more than $2,000.

Same

   (2)  Section 211 does not apply to a person who knowingly furnishes false information in any application, statement or report referred to in subsection (1).

   11.  The heading to Part X of the Act is repealed and the following substituted:

part x
TEACHERS, DESIGNATED EARLY CHILDHOOD EDUCATORS, PUPIL RECORDS AND EDUCATION NUMBERS

   12.  The heading immediately before section 261 of the Act is repealed and the following substituted:

Teachers and Designated Early Childhood Educators

   13.  Section 261 of the Act is amended by striking out “teachers” and substituting “teachers and designated early childhood educators”.

   14.  The Act is amended by adding the following section:

Membership in College of Early Childhood Educators

   262.1  Except as otherwise provided under paragraph 10.1 of subsection 8 (1), no person shall be employed by a board in a position designated by the board as requiring an early childhood educator, and no person shall be employed by a board to perform any duty for which membership in the College of Early Childhood Educators is required under this Act, unless the person is a member of the College.

   15.  Section 263 of the Act is amended by adding the following subsection:

Same, designated early childhood educators

   (2)  Despite the other provisions of this Part and despite any provision in a collective agreement, if any, when a designated early childhood educator is employed by a board and a matter arises that in the opinion of the Minister adversely affects the welfare of the school in which the designated early childhood educator is employed,

  (a)  the board or the designated early childhood educator may, with the consent of the Minister, give the other party 30 days written notice of termination, and the designated early childhood educator’s employment is terminated at the expiration of 30 days from the date the notice is given; or

  (b)  the board may, with the consent of the Minister, give the designated early childhood educator written notice of immediate termination together with one-tenth of his or her yearly salary in addition to the amount to which he or she would otherwise be entitled, and, on doing so, his or her employment is terminated.

   16.  The Act is amended by adding the following section:

Duty of teachers and designated early childhood educators to co-operate, etc.

   264.1  (1)  It is the duty of the following persons to co-ordinate the matters listed in subsection (2) and to co-operate with each other with respect to those matters:

    1.  Teachers.

    2.  Temporary teachers.

    3.  Designated early childhood educators.

    4.  Persons who, under the authority of a letter of permission, are appointed by a board to positions designated by the board as requiring an early childhood educator.

Same

   (2)  The matters referred to in subsection (1) are:

    1.  Planning for and providing education to pupils in junior kindergarten and kindergarten.

    2.  Observing, monitoring and assessing the development of pupils in junior kindergarten and kindergarten.

    3.  Maintaining a healthy physical, emotional and social learning environment.

    4.  Communicating with families.

    5.  Performing all duties assigned to them by the principal with respect to junior kindergarten and kindergarten.

Duties of teachers not limited

   (3)  Nothing in this section limits any duties of teachers under this Act, including duties related to report cards, instruction, training and evaluation of the progress of pupils in junior kindergarten and kindergarten, the management of junior kindergarten and kindergarten classes, and the preparation of teaching plans.

Membership in Colleges

   (4)  Nothing in this section limits the operation of sections 262 and 262.1.

   17.  Clause 265 (1) (e) of the Act is repealed and the following substituted:

timetable

  (e)  to prepare a timetable, to conduct the school according to the timetable and relevant school year calendar, to make the timetable and calendar accessible to pupils, teachers, designated early childhood educators and supervisory officers, to assign classes and subjects to teachers and to assign junior kindergarten or kindergarten classes or extended day program units to designated early childhood educators;

   18.  Subsection 266 (2) of the Act is amended by striking out the portion before clause (a) and substituting the following:

Pupil records privileged

   (2)  A record is privileged for the information and use of supervisory officers and the principal, teachers and designated early childhood educators of the school for the improvement of instruction and other education of the pupil, and such record,

.     .     .     .     .

   19.  Subsections 266.3 (3) and (4) of the Act are repealed and the following substituted:

Same

   (3)  The Minister and a prescribed person or entity may collect, use or disclose or require the production of Ontario education numbers for purposes related to education administration, funding, planning or research.

Same

   (4)  The Minister and a prescribed person, entity, educational institution or training institution may collect, use, disclose or require the production of a person’s Ontario education number for purposes related to the provision of financial assistance associated with the person’s education.

   20.  Clauses 266.5 (1) (a) and (b) of the Act are repealed and the following substituted:

  (a)  prescribing educational institutions, training institutions, persons or entities, or classes of educational institutions, training institutions, persons or entities, for the purposes of this section and sections 266.2 to 266.4;

   21.  The Act is amended by adding the following Part:

PART X.3
Designated Early Childhood Educators — INduction, Performance appraisal and Reporting Obligations

Interpretation

Definitions

   277.46  In this Part,

“new designated early childhood educator” means,

  (a)  a designated early childhood educator whose new period has not elapsed, or

  (b)  any other designated early childhood educator who is prescribed as a new designated early childhood educator for the purposes of this Part; (“nouvel éducateur de la petite enfance désigné”)

“new period”, in relation to a designated early childhood educator, means the 24-month period that follows the day on which the designated early childhood educator was first appointed to work as a designated early childhood educator. (“nouvelle période”)

Induction and Performance Appraisals

Induction programs

   277.47  (1)  Subject to the regulations, every board may establish and implement an induction program for its new designated early childhood educators.

Same

   (2)  If required by the regulations, every board shall, subject to the regulations, establish and implement an induction program for its new designated early childhood educators.

Same

   (3)  An induction program for new designated early childhood educators shall contain the following elements:

    1.  An orientation for new designated early childhood educators.

    2.  Mentoring for new designated early childhood educators.

    3.  Professional development and training appropriate for new designated early childhood educators.

    4.  Such other elements as are prescribed.

Same

   (4)  A board shall not require a person employed by the board as a teacher to mentor a new designated early childhood educator.

Performance appraisals

   277.48  (1)  Subject to the regulations, every board may establish and implement a program for conducting performance appraisals of its designated early childhood educators.

Same

   (2)  If required by the regulations, every board shall, subject to the regulations, establish and implement a program for conducting performance appraisals of its designated early childhood educators.

Same

   (3)  A board shall not require a person employed by the board as a teacher to conduct or participate in performance appraisals of designated early childhood educators.

Regulations, induction and performance appraisal

   277.49  (1)  The Lieutenant Governor in Council may make regulations,

  (a)  requiring boards to establish and implement an induction program for its new designated early childhood educators for the purposes of subsection 277.47 (2);

  (b)  requiring boards to establish and implement a program for conducting performance appraisals of its designated early childhood educators for the purposes of subsection 277.48 (2);

   (c)  respecting induction programs permitted or required under this Part, including but not limited to regulations respecting the processes and content of the programs and regulations prescribing elements for the purposes of paragraph 4 of subsection 277.47 (3);

  (d)  respecting programs for conducting performance appraisals permitted or required under this Part, including but not limited to regulations respecting the processes, content and consequences of performance appraisals;

  (e)  prescribing designated early childhood educators as new designated early childhood educators for the purposes of clause (b) of the definition of “new designated early childhood educator” in section 277.46;

    (f)  providing that one or more provisions of this Part or the regulations under it apply, with such modifications as may be specified in the regulation, to persons who are not early childhood educators and who are appointed by a board to a position designated by the board as requiring an early childhood educator;

  (g)  providing for extensions to a designated early childhood educator’s new period for the purposes of extending the time in which the designated early childhood educator is a new designated early childhood educator;

   (h)  respecting transitional and ongoing matters related to the implementation of induction programs and programs for performance appraisals under this Part.

Rating scale

   (2)  Without limiting the generality of clause (1) (d), regulations under that clause may be made respecting,

  (a)  competencies to be evaluated in conducting performance appraisals;

  (b)  the standards, methods, timelines and steps to be followed and the input and material to be taken into account in conducting performance appraisals;

   (c)  the rating scale to be used in conducting performance appraisals;

  (d)  the consequences of the ratings received in performance appraisals;

  (e)  which ratings shall be considered unsatisfactory for the purposes of this Part;

    (f)  the processes, timelines and steps to be followed following performance appraisals that result in ratings that are unsatisfactory;

  (g)  the circumstances in which a board shall terminate a designated early childhood educator’s employment with the board;

   (h)  the processes to be followed before the determination that the circumstances referred to in clause (g) exist is made.

Same

   (3)  The circumstances provided for under clause (2) (g) must include at least one unsatisfactory rating.

Same

   (4)  A regulation made under this section may be general or specific.

Reports between Boards and the College of Early Childhood Educators

Board reports re: termination, etc.

   277.50  (1)  A board that terminates the employment of an early childhood educator or imposes restrictions on the duties of an early childhood educator for reasons of professional misconduct shall, within 30 days after the termination or restriction, file a written report setting out the reasons with the Registrar of the College of Early Childhood Educators.

Same

   (2)  If a board intended to terminate the employment of an early childhood educator or to impose restrictions on the duties of an early childhood educator for reasons of professional misconduct but did not do so because the individual resigned, the board shall, within 30 days after the resignation, file a written report setting out the reasons on which the board had intended to act with the Registrar of the College of Early Childhood Educators.

Same

   (3)  If an early childhood educator resigns while the board is engaged in an investigation into allegations of an act or omission by the early childhood educator that would, if proven, have caused the board to terminate the early childhood educator’s employment or to impose restrictions on the early childhood educator’s duties for reasons of professional misconduct, the board shall file with the Registrar within 30 days after the resignation a written report stating the nature of the allegations being investigated.

Information and disclosure

   (4)  For the purpose of taking action in response to a board’s report made under subsection (1), (2) or (3), the College may require the board to provide the College with information, including personal information within the meaning of section 38 of the Freedom of Information and Protection of Privacy Act or section 28 of the Municipal Freedom of Information and Protection of Privacy Act, in respect of members of the College, and the board shall provide such information.

Limits on collection and use

   (5)  The College shall not collect or use more personal information than is reasonably necessary to meet the purpose of the collection or use. 

Registrar to report back

   (6)  Where a board makes a report to the Registrar under subsection (1), (2) or (3), the Registrar shall, as soon as is reasonably possible, provide the board with a written report respecting the action, if any, taken by the Registrar in response to the board’s report.

College reports to board

   277.51  (1)  The College shall provide boards with information respecting certain decisions and orders under the Early Childhood Educators Act, 2007 in accordance with the following rules and with subsection (2):

    1.  If a decision respecting an early childhood educator is made under subsection 31 (5) of the Early Childhood Educators Act, 2007, the Registrar shall provide the documents referred to in subsection 31 (7) of that Act to the board.

    2.  If an order respecting an early childhood educator is made under subsection 32 (3) of the Early Childhood Educators Act, 2007, the Registrar shall provide a copy of the order to the board.

    3.  If an order respecting an early childhood educator is made under section 33 or 34 of the Early Childhood Educators Act, 2007, the Discipline Committee or the Fitness to Practise Committee, as the case may be, shall provide the board with the same material as is served on the parties under subsection 35 (15) of that Act.

    4.  If a decision respecting an early childhood educator is made under section 36 of the Early Childhood Educators Act, 2007, the Discipline Committee or the Fitness to Practise Committee, as the case may be, shall provide the board with the same material as is served on the parties under subsection 36 (13) or (14) of that Act.

    5.  If an order respecting an early childhood educator is made under section 37 of the Early Childhood Educators Act, 2007, the Registrar shall provide a copy of the order to the board.

    6.  If a court order respecting an early childhood educator is made under section 38 of the Early Childhood Educators Act, 2007, the Registrar shall provide a copy of the order, with reasons, if any, to the board.

Same

   (2)  The following are the boards who shall receive the information referred to in subsection (1):

    1.  A board who employed the early childhood educator at the time the relevant decision or order referred to in subsection (1) was made, if the College has knowledge of that employment.

    2.  A board who made a report respecting the early childhood educator under section 49 of the Early Childhood Educators Act, 2007, if the subject of the report is related to the decision or order referred to in subsection (1).

Immunity of College of Early Childhood Educators

   277.52  No proceeding for damages shall be instituted against the College of Early Childhood Educators or the Registrar of that College for any act done in good faith in the performance or intended performance of a duty or in the exercise or the intended exercise of a power under sections 277.50 or 277.51 of this Act, or for any neglect or default in the performance or exercise in good faith of such duty or power.

   22.  (1)  Clause 286 (1) (a) of the Act is amended by striking out “teachers in their practice” at the end and substituting “teachers and designated early childhood educators in their practices”.

   (2)  Clause 286 (1) (d) of the Act is amended by striking out “give to a teacher” and substituting “give to a teacher or designated early childhood educator” and by striking out “that refers to the teacher” at the end and substituting “that refers to the teacher or designated early childhood educator”.

Child and Family Services Act

   23.  Clause 72 (5) (b) of the Child and Family Services Act is repealed and the following substituted:

  (b)  a teacher, person appointed to a position designated by a board of education as requiring an early childhood educator, school principal, social worker, family counsellor, operator or employee of a day nursery and youth and recreation worker;

Day Nurseries Act

   24.  (1)  Clause (c) of the definition of “day nursery” in subsection 1 (1) of the Day Nurseries Act is repealed and the following substituted:

   (c)  part of a public school, separate school or private school within the meaning of the Education Act or part of a school continued or established under section 13 of the Education Act; (“garderie”)

   (2)  Subsection 1 (1) of the Act is amended by adding the following definitions:

“extended day program” has the same meaning as in the Education Act; (“programme de jour prolongé”)

“school board” means a board as defined in subsection 1 (1) of the Education Act; (“conseil scolaire”)

   25.  Section 2.2 of the Act is amended by adding the following subsection:

Contracting authority, school board

   (6.2)  A school board may enter into an agreement with a delivery agent under subsection (6) regarding the provision of financial assistance to persons who are charged fees in respect of extended day programs and the agreement may provide that the school board has some or all of the powers and duties of the delivery agent that relate to the provision of the financial assistance.

   26.  Subsection 7.2 (1) of the Act is repealed and the following substituted:

Agreements for provision of services and financial assistance re extended day programs

   (1)  The Minister may enter into agreements with municipalities, delivery agents or other persons or entities, on the terms and conditions that may be agreed, respecting the provision of,

  (a)  the prescribed services; and

  (b)  financial assistance to persons who are charged fees in respect of extended day programs.

   27.  (1)  Subsection 18 (1) of the Act is amended by striking out the portion before clause (a) and substituting the following:

Regulations

   (1)  The Lieutenant Governor in Council may make regulations governing the management, operation and use of day nurseries and private-home day care agencies and classes of either of them and premises where private-home day care is provided by a private-home day care agency and governing the provision of financial assistance to persons who are charged fees in respect of extended day programs, and without limiting the generality of the foregoing may make regulations,

.     .     .     .     .

   (2)  Subclause 18 (1) (p) (ii) of the Act is amended by striking out “day nursery or a private-home day care agency” and substituting “day nursery, private-home day care agency or school board”.

   (3)  Clause 18 (1) (q) of the Act is amended by striking out “private-home day care or services provided in a day nursery” and substituting “private-home day care, services provided in a day nursery or extended day programs”.

   (4)  Subsection 18 (1) of the Act is amended by adding the following clauses:

(z.3)  governing the application of the provisions of this Act and the regulations to circumstances in which a school board and the Minister enter into an agreement regarding the provision of financial assistance to persons who are charged fees in respect of extended day programs;

(z.4)  if the Lieutenant Governor in Council considers it advisable, adapting or modifying the provisions of this Act and the regulations for the purpose of their application to the circumstances referred to in clause (z.3);

(z.5)  providing for such transitional matters as the Lieutenant Governor in Council considers advisable relating to the provision of financial assistance for extended day programs.

   28.  Subsection 19 (1) of the Act is amended by striking out “private-home day care or services provided in a day nursery” in the portion before clause (a) and substituting “private-home day care, services provided in a day nursery or extended day programs”.

Early Childhood Educators Act, 2007

   29.  Subsection 3 (2) of the Early Childhood Educators Act, 2007 is amended by adding the following paragraph:

  1.1  A person who, under the authority of a letter of permission, is appointed by a board as defined in subsection 1 (1) of the Education Act to a position designated by the board as requiring an early childhood educator.

   30.  Subsection 30 (3) of the Act is repealed.

   31.  Paragraph 4 of subsection 43 (1) of the Act is repealed and the following substituted:

    4.  respecting applications for certificates of registration or classes of them and the issuing, suspension, revocation, expiration and reinstatement of the certificates or classes of them;

Immunization of School Pupils Act

   32.  The definition of “school” in section 1 of the Immunization of School Pupils Act is repealed and the following substituted:

“school” means a “private school” and a “school” as defined in subsection 1 (1) of the Education Act and includes a beginners class within the meaning of the Education Act; (“école”)

Commencement and Short Title

Commencement

   33.  This Act comes into force on a day to be named by proclamation of the Lieutenant Governor.

Short title

   34.  The short title of this Act is the Full Day Early Learning Statute Law Amendment Act, 2010.

 

EXPLANATORY NOTE

This Explanatory Note was written as a reader’s aid to Bill 242 and does not form part of the law.  Bill 242 has been enacted as Chapter 10 of the Statutes of Ontario, 2010.

 

The Bill amends the Education Act to provide for: the operation of junior kindergarten and kindergarten on a full day basis; the operation of extended day programs outside the hours of junior kindergarten and kindergarten; and the appointment of early childhood educators to positions in junior kindergarten and kindergarten and extended day programs.

Sections 1 to 9 of the Bill amend various provisions of the Act in relation to full day junior kindergarten and kindergarten, extended day programs and early childhood educators.

In particular, subsection 2 (1) of the Bill amends subsection 8 (1) of the Act by authorizing the Minister to issue policies and guidelines respecting full day junior kindergarten and kindergarten.  Subsection 4 (1) of the Bill amends subsection 11 (1) of the Act by adding authority to make regulations respecting full day junior kindergarten and kindergarten.  Subsection 6 (1) of the Bill amends subsection 170 (1) of the Act by requiring boards to operate full day junior kindergarten and kindergarten in the board’s elementary schools, to designate at least one position in each junior kindergarten and kindergarten class as requiring an early childhood educator, and to appoint early childhood educators to those positions.  These requirements are subject to policies, guidelines and regulations.

Section 10 of the Bill adds Part IX.1 to the Act (sections 258 to 260.9 of the Act) relating to extended day programs.  Subsection 259 (1) of the Act requires boards to operate extended day programs in every elementary school of the board, outside the time when junior kindergarten and kindergarten are operated, for pupils of the board enrolled in junior kindergarten or kindergarten.  Subsection 259 (2) of the Act permits boards to operate extended day programs for other pupils of the board.  Subsections 259 (3) and (4) of the Act permit two or more boards to enter into agreements permitting one board to operate extended day programs for pupils of another board.  Section 260 of the Act requires boards to designate at least one position in each extended day program unit as requiring an early childhood educator to lead the unit, and to appoint early childhood educators to those positions.  These requirements are subject to policies, guidelines and regulations.

Section 260.1 of the Act requires boards to charge the fees prescribed by regulation to parents of pupils enrolled in extended day programs operated by the board to recover the operating costs incurred by the board.

Section 260.4 of the Act authorizes the Minister and, if authorized by the Minister, a board, to enter into agreements respecting financial assistance to persons who are charged fees for extended day programs.

Section 260.5 of the Act authorizes the Minister to issue policies and guidelines respecting the operation of extended day programs.  Section 260.6 of the Act authorizes the Lieutenant Governor in Council to make regulations respecting the operation of extended day programs.  Section 260.7 of the Act authorizes the Lieutenant Governor in Council to make regulations respecting the provision of financial assistance to persons who are charged fees in respect of extended day programs.

Section 260.9 of the Act provides that it is an offence to knowingly furnish false information in any application, statement or report that relates to the provision, management or receipt of financial assistance under the new Part IX.1.

Sections 11 to 15, 17 to 19 and 22 of the Bill make amendments to various provisions of the Act in relation to early childhood educators.

Section 16 of the Bill amends the Act by adding section 264.1.  This section requires teachers and early childhood educators to cooperate with each other with respect to matters regarding the provision of junior kindergarten and kindergarten.

Section 21 of the Bill adds Part X.3 to the Act (sections 277.46 to 277.52 of the Act).  Sections 277.46 to 277.49 provide for induction programs for early childhood educators and performance appraisals of early childhood educators.  Section 277.50 requires boards, in certain circumstances, to make reports to the College of Early Childhood Educators.  Section 277.51 requires the College of Early Childhood Educators, in certain circumstances, to provide information and documents to boards.

Section 23 of the Bill makes related amendments to the Child and Family Services Act.

Sections 24 to 28 of the Bill amend the Day Nurseries Act to allow agreements to be entered into for the provision of financial assistance to persons who are charged fees in respect of extended day programs, and to authorize the Lieutenant Governor in Council to make regulations relating to the provision of such financial assistance. 

Sections 29 to 32 of the Bill make related amendments to the Early Childhood Educators Act, 2007 and the Immunization of School Pupils Act.

Committee Documents