Education Act

ONTARIO REGULATION 221/11

Extended Day and third party Programs

Historical version for theperiod June 26, 2014 to August 31, 2014.

Last amendment: O.Reg. 138/14.

This is the English version of a bilingual regulation.

CONTENTS

PART I
GENERAL
1. / Interpretation and application
PART II
SCHOOLS SUBJECT TO SECTION 259 OF THE ACT
2. / Schools subject to s. 259 (1) of the Act, before 2014/2015
2.1 / Schools subject to s. 259 (1) of the Act
3. / Exceptions
PART III
DETERMINATIONS RE EXTENDED DAY AND THIRD PARTY PROGRAMS
4. / Application
5. / Determination of base fees
6. / Posting of base fees and other information
7. / Collection of information from parents
8. / Projected enrolment
9. / Viability exception
10. / Other determinations
11. / Determination of actual fees for extended day programs
12. / Posting of actual fees and other information
13. / Submission to Minister
14. / Transition exception, existing agreement for 2011/2012
15. / Transition, modifications for 2011/2012
PART IV
EXTENDED DAY PROGRAMS — CALCULATION OF FEES
16. / Calculation of base fees
17. / Operating costs
18. / Calculation of actual fees
19. / Fees charged for before or after school portions of program
20. / Fees charged for specified portions of non-instructional day program
PART V
EXTENDED DAY PROGRAMS — MISCELLANEOUS
21. / Deposits and registration fees
22. / Board approval of delegation by principal
23. / Designation of early childhood educator position, exception
24. / Appointment to early childhood educator positions, urgent situations
25. / Appointment to early childhood educator positions, urgent or letter of permission
26. / Certificate cancelled, revoked or suspended
PART VI
THIRD PARTY PROGRAMS — MISCELLANEOUS
27. / Criteria re third party programs
28. / Conditions in agreement between board and operator
29. / Third party program ceasing operation during a school year
Schedule 1

Part I
GENERAL

Interpretation and application

1.(1)For the purposes of this Regulation,

“actual daily fee” means the extended day program fee for a school’s extended day program, calculated in accordance with subsection 18 (1); (“droits quotidiens réels”)

“actual non-instructional day fee” means the extended day program fee for a school on a non-instructional day, calculated in accordance with subsection 18 (2); (“droits réels pour les journées autres que des journées d’enseignement”)

“base daily fee” means the base extended day program fee for a board’s extended day programs, calculated in accordance with subsection 16 (1); (“droits quotidiens de base”)

“base non-instructional day fee” means the base extended day program fee for a board on a non-instructional day, calculated in accordance with subsection 16 (2). (“droits de base pour les journées autres que des journées d’enseignement”) O.Reg. 221/11, s.1 (1).

Note: On September 1, 2014, subsection (1) is amended by adding the following definition:(See: O. Reg. 138/14, ss. 1, 5)

“French immersion” means classes or courses for English-speaking pupils in which French is the language of instruction for an average of 150 or more minutes per school day. (“programme d’immersion en français”)

(2)A change in the name of a school does not affect obligations under this Regulation with respect to the school. O.Reg. 221/11, s.1(2); O.Reg. 341/11, s.1(1).

(2.1)The obligations under this Regulation with respect to a school terminate upon the closure of the school. O. Reg. 288/13, s. 1.

(3)This Regulation only applies to district school boards, The Protestant Separate School Board of the Town of Penetanguishene, The Moosonee District School Area Board and The Moose Factory Island District School Area Board. O.Reg. 341/11, s.1(2).

PART II
Schools Subject to Section 259 of the Act

Schools subject to s. 259 (1) of the Act, before 2014/2015

2.(1)In the 2011/2012, 2012/2013 and 2013/2014 school years, every board listed in Schedule 1 shall, in every elementary school of the board listed in Schedule 1, operate an extended day program or ensure the operation of a third party program under subsection 259 (1) of the Act. O.Reg. 221/11, s.2(1); O.Reg. 341/11, s.2.

(2)If a school of a board is not listed in Schedule 1, the board is not required to operate an extended day program or ensure the operation of a third party program in the school. O.Reg. 221/11, s.2(2).

(3)The obligation of a board under subsection (1) with respect to a school governed by it begins with the school year indicated in Column 3 of Schedule 1 opposite the school listed in Column 2 of Schedule 1. O.Reg. 221/11, s.2(3).

(4)A board that is required to operate or ensure the operation of a program in a school of the board shall operate or ensure that the program is operated both before the start of the school day and after the end of the school day. O.Reg. 221/11, s.2(4).

Note: On September 1, 2014, section 2 is revoked. See: O.Reg. 343/11, ss.1, 10.

Schools subject to s. 259 (1) of the Act

2.1(1)In the 2014/2015 school year and every subsequent school year, every board shall, in every elementary school of the board in which instruction is given in some or all of the primary division, operate an extended day program or ensure the operation of a third party program under subsection 259 (1) of the Act. O.Reg. 341/11, s.3.

Note: On September 1, 2014, subsection (1) is amended by striking out “In the 2014/2015 school year and every subsequent school year” at the beginning. See: O.Reg. 343/11, ss.2, 10.

On September 1, 2014, section 2 of Ontario Regulation 343/11 is revoked. (See O. Reg. 138/14, ss. 4, 5)

Note: On September 1, 2014, subsection (1) is revoked and the following substituted: (See: O.Reg. 138/14, ss.2, 5).

(1)Every board shall, in every elementary school of the board in which instruction is given in grade 1, operate an extended day program or ensure the operation of a third party program under subsection 259 (1) of the Act. O. Reg. 138/14, s. 2.

(2)A board shall operate the program or ensure that the program is operated both before the start of the school day and after the end of the school day. O.Reg. 341/11, s.3.

Exceptions

3.(1)Despite section 2 or 2.1, a board is not required in a school year to operate or ensure the operation of the before school portion, the after school portion or both portions of an extended day program or a third party program in a school of the board if the board concludes under section 9 that it is exempt from the requirement with respect to the portion or portions for that school year with respect to the school. O.Reg. 221/11, s.3(1); O.Reg. 341/11, s.4.

Note: On September 1, 2014, subsection (1) is amended by striking out “Despite section 2 or 2.1” at the beginning and substituting “Despite section 2.1”. See: O.Reg. 343/11, ss.3(1), 10.

(2)Despite section 2, a board is not required in the 2011/2012 school year to operate or ensure the operation of a program in a school of the board listed in Schedule 1 if the board is exempt from the requirement under section 14 with respect to the school. O.Reg. 221/11, s.3(2).

Note: On September 1, 2014, subsection (2) is revoked. See: O.Reg. 343/11, ss.3(2), 10.

Note: On September 1, 2014, section 3 is amended by adding the following subsection: (See: O.Reg. 138/14, ss.3, 5)

(3)Despite section 2.1, a board is not required to operate an extended day program or ensure the operation of a third party program in the following circumstances:

1.A board is not required to operate an extended day program for pupils in junior kindergarten in a school or ensure the operation of a third party program for such pupils in the school if, pursuant to a policy of the board approved on or beforeJune 26, 2014, the school offers only French immersion, starting in kindergarten or later.

2.A board is not required to operate an extended day program for pupils in kindergarten in a school or ensure the operation of a third party program for such pupils in the school if, pursuant to a policy of the board approved on or beforeJune 26, 2014, the school offers only French immersion, starting in grade 1 or later.

3.A board is not required to operate an extended day program or ensure the operation of a third party program in a school in a school year if the school is identified in a policy or guideline issued by the Minister pursuant to paragraph 3.0.0.1 of subsection 8 (1) of the Act, and published on a Government of Ontario website, as a school that is not required to operate full day junior kindergarten or kindergarten for the school year, due to facility or other operational barriers to the board’s ability to operate full day junior kindergarten or kindergarten in that school in that school year.

4.The Toronto District School Board is not required to operate an extended day program or ensure the operation of a third party program in Thorncliffe Park Public School.

5.The Hastings and Prince Edward District School Board is not required to operate an extended day program or ensure the operation of a third party program in Harry J. Clarke Public School.O.Reg. 138/14, s.3.

Part III
Determinations re Extended day and third party programs

Application

4.This Part applies to every board that, in a school year, is required to operate an extended day program or ensure the operation of a third party program in the next school year and includes a board that may conclude under section 9 that it is exempt from the requirement. O.Reg. 221/11, s.4.

Note: On September 1, 2014, section 4 is revoked. See: O.Reg. 343/11, ss.4, 10.

Determination of base fees

5.(1)No later than the first school day in January, every board shall determine the base daily fee and the base non-instructional day fee for the next school year. O.Reg. 221/11, s.5 (1).

(2)This section applies to a board even if the board does not intend to operate an extended day program in the next school year. O.Reg. 221/11, s.5 (2).

Posting of base fees and other information

6.(1)No later than the first school day in January, every board shall, with respect to each school in which the board is required to operate an extended day program or ensure the operation of a third party program in the next school year, do the following:

1.Post the fees described in subsection (2) or (3) and the information described in subsection (4) on the board’s website.

2.Provide the fees described in subsection (2) or (3) and the information described in subsection (4) in writing to,

i.parents of pupils enrolled in the school in junior kindergarten and, if relevant, kindergarten and other classes in the primary or junior divisions, and

ii.parents who have expressed an interest to the school or to the board in enrolling their children in the school in the next school year in junior kindergarten, kindergarten and, if relevant, other classes in the primary or junior divisions, and who have provided their contact information. O.Reg. 221/11, s.6 (1).

(2)The fees to be posted and provided under subsection (1) are the board’s base daily fees and base non-instructional day fees for the next school year if any of the following circumstances exist:

1.The board intends to operate an extended day program in the school in the next school year.

2.The board intends to ensure that a third party program is operated in the school in the next school year but does not have information about the fees that will be charged for the program.

3.The board has not decided whether it will operate an extended day program or ensure the operation of a third party program in the school in the next school year. O.Reg. 221/11, s.6 (2).

(3)The fees to be posted and provided under subsection (1) are the fees that the operator of a third party program has advised the board that it expects to charge in the next school year if the board intends to ensure that a third party program is operated in the school in the next school year and has taken reasonable steps to do so. O.Reg. 221/11, s.6 (3).

(4)The information to be posted and provided under subsection (1) is the following, if relevant:

1.Information about the board’s intention to operate an extended day program or ensure the operation of a third party program in the school in the next school year and notice that its intention is subject to change.

2.Notice that the board may not operate an extended day program or ensure the operation of a third party program in the school in the next school year if the board concludes, based on information collected, that the projected enrolment of children in the program is such that the board is exempt under section 9 from the requirement to operate the program in the next school year.

3.Notice that the fees are provided for the purpose of collecting information about interest in the extended day program or third party program and are subject to change. O.Reg. 221/11, s.6 (4).

Collection of information from parents

7.(1)At the same time as or after a board provides the fees to parents in accordance with paragraph 2 of subsection 6 (1), the board shall, to the extent possible, collect the following information from those parents:

1.If parents intend to enrol their children in junior kindergarten or kindergarten in a school of the board in the next school year, the parents’ intentions and interests related to enrolling their children in,

i.the before school portion, the after school portion or both portions of an extended day program or third party program operated in the school during the next school year, and

ii.an extended day program or third party program operated in the school on non-instructional days in the next school year.

2.If relevant, if parents intend to enrol their children in classes in the primary or junior divisions other than junior kindergarten or kindergarten in a school of the board in the next school year, the parents’ intentions and interests related to enrolling their children in,

i.the before school portion, the after school portion or both portions of an extended day program or third party program operated in the school during the next school year, and

ii.an extended day program or third party program operated in the school on non-instructional days in the next school year.

3.The parents’ preferences respecting the times in the day during which the before and after school portions of an extended day program or third party program would be operated in the next school year. O.Reg. 221/11, s.7 (1).

(2)A board shall collect the information by providing parents with questionnaires and by any other means that the board considers appropriate. O.Reg. 221/11, s.7 (2).

Projected enrolment

8.(1)A board shall determine the projected enrolment for an extended day program or a third party program in respect of each school at which the board is required to operate or ensure the operation of the program in the next school year. O.Reg. 221/11, s.8 (1).

(2)The board shall base projected enrolment on information collected under section 7. O.Reg. 221/11, s.8 (2).

(3)Subsection (2) applies even if the board’s intention to operate an extended day program or to ensure the operation of a third party program has changed since it posted its fees under section 6. O.Reg. 221/11, s.8 (3).

Viability exception

9.(1)Despite section 2 or 2.1, a board is not required to operate or ensure the operation of the before school portion, the after school portion or both portions of the extended day or third party program in a school in a school year if, by the day before the last day of April of the preceding school year, the board concludes that,

Note: On September 1, 2014, subsection (1) is amended by striking out “Despite section 2 or 2.1” at the beginning in the portion before clause (a) and substituting “Despite section 2.1”. See: O.Reg. 343/11, ss.5, 10.

(a)the projected enrolment determined under section 8 of children in the relevant portion or portions of the extended day program or third party program operated in the school is less than 20 children, including only children who will be enrolled in junior kindergarten or kindergarten in the school in the next school year; and

(b)subject to subsection (2), the projected enrolment described in clause (a) cannot be increased to 20 children by including up to five children who will be enrolled in Grade 1 or 2 in the school in the next school year. O.Reg. 221/11, s.9(1); O.Reg. 341/11, s.5(1).

(2)Clause (1) (b) does not apply if the board has a written agreement with a third party under which the third party operates a before school program and an after school program on the school site for pupils in Grades 1 and 2. O.Reg. 221/11, s.9(2).

(3)A board shall reassess each year whether this section applies to it with respect to a school of the board. O.Reg. 221/11, s.9(3); O.Reg. 341/11, s.5(2).

(4)Nothing in clause (1) (b) limits the right of a board to operate or ensure the operation of an extended day program or third party program for pupils of the board under subsection 259 (2) of the Act. O.Reg. 221/11, s.9(4).

Other determinations

10.(1)After considering the information collected in accordance with section 7, a board shall determine the following:

1.The schools in which the board will operate extended day programs in the next school year for pupils enrolled in junior kindergarten or kindergarten.

2.The schools in which the board will ensure that a third party program will be operated in the next school year for pupils enrolled in junior kindergarten or kindergarten.

3.For each school in which the board will operate an extended day program in the next school year,

i.the actual number of minutes of operation of the program,

ii.the times in the day during which the board will operate the before and after school portions of the program,

iii.whether the board will operate the program for any pupils enrolled in the primary or junior divisions other than junior kindergarten or kindergarten,

iv.the features that the board anticipates the before and after school portions of the program will include, and

v.any non-instructional days on which the board anticipates it will operate the program for pupils enrolled in junior kindergarten or kindergarten and, if relevant, other pupils enrolled in the primary or junior divisions. O.Reg. 221/11, s.10 (1).

(2)A board shall confirm the following with the operator of a third party program for each school in which a third party program will be operated in the next school year:

1.The actual number of minutes of operation of the program.

2.The times in the day during which the operator will operate the before and after school portions of the program.

3.Whether the operator will operate the program for any children enrolled in the primary or junior divisions other than junior kindergarten or kindergarten.

4.Any non-instructional days on which the operator anticipates it will operate the program for children enrolled in junior kindergarten or kindergarten and, if relevant, other children enrolled in the primary or junior divisions. O.Reg. 221/11, s.10 (2).

Determination of actual fees for extended day programs

11.No later than the day before the last day of April, every board that determined that it will operate an extended day program in a school of the board in the next school year shall determine the actual daily fee and the actual non-instructional day fee, if any, to be charged by it to parents of pupils enrolled in the program. O.Reg. 221/11, s.11.

Posting of actual fees and other information

12.(1)No later than the day before the last day of April, every board shall, with respect to each school in which the board is required to operate an extended day program or ensure the operation of a third party program in the next school year, do the following: