As previously reported, Bill 13 is intended to address the issue of bullying in schools, and would, if passed, amend the Education Act to include a definition of bullying, new requirements for school boards to implement anti-bullying policies, and the prevention of bullying in schools in the provincial code of conduct, among other matters. The legislation would also authorize the Minister to establish policies and guidelines with respect to disciplining pupils who engage in bullying, sexual assault, gender-based violence and incidents based on homophobia, among other things. It would further authorize the Minister to establish policies and guidelines with respect to bullying prevention and intervention in schools.

Under a majority government, a government Bill receives priority in the House over private member Bills; generally, government Bills pass, whereas private member Bills do not. In the current minority situation, more than one Bill on the same issue has been introduced to the House, and it remains to be seen whether Bill 13, as introduced, will pass, or whether it will be modified to garner the support of the House.

We continue to monitor the progression of these two Bills closely, and updates will appear on a regular basis in this blog.

O. Reg. 57/12 adds a new Part II (Rules For The Period From April 1, 2012 To March 31, 2014), imposing a temporary limit on honoraria for a chair, vice-chair or other member of a district school board. Specifically, an honorarium “shall not exceed the maximum amount that was payable to a member with that office during the period in which the restraint measures under sections 7 to 11 of the Public Sector Compensation Restraint to Protect Public Services Act, 2010 applied.”

The amendment is now in force.

These provisions would authorize the Minister to make policies and guidelines relating to the following:

• the distribution of head injury prevention information to pupils, parents, guardians, board employees and volunteers, as well as the identification of symptoms of concussions and the management of concussions;
• the management of concussions, including both the removal of a pupil who is suspected of having sustained a concussion from intramural or inter-school athletics or any part of the health and physical education curriculum, as well as the return of that pupil; and
• the responsibilities of board employees, classes of board employees, or other persons who are involved in intramural or inter-school athletics or any part of the health and physical education curriculum in relation to the foregoing.

Finally, it expressly provides that a board employee or volunteer who is involved in intramural or inter-school athletics or any part of the health and physical education curriculum is not personally liable in a civil proceeding for an act or omission, provided the person acts “reasonably in the circumstances, in good faith and in accordance with the Act, regulations and with any policies and guidelines made under this section.”

The amendments would come into force on a date named by Proclamation.

O. Reg. 26/12 provides that effective September 1, 2012, the average size of junior kindergarten and kindergarten classes that a school board is required to operate under Ontario regulation 224/10 (Full Day Junior Kindergarten and Kindergarten) shall be 26.

While the government is committed to respecting the terms of existing collective agreements, it is important to move forward with a sustainable plan that is consistent with the announced policy direction and funding framework for the program. This is why the government recently amended O. Reg. 399/00 to include s. 2.1 under Elementary School Classes – Requirements Respecting Size. This section provides class size provisions for full-day junior kindergarten and kindergarten, clearly identifying an average class size unit of 26 pupils.

The amendments are intended to address the issues raised by existing collective agreement language that is inconsistent with the 26:2 ratio outlined in Ministry of Education Memorandum B12, “Early Learning Program – Planning for 2010-11 and 2011-12.”

An FTR Now discussing these amendments will be available shortly on our website.

• a definition of bullying;
• a requirement that school boards implement policies promoting positive school environments that are inclusive and accepting of all pupils, and promoting the prevention of bullying;
• the designation of the third week in November as “Bullying Awareness and Prevention Week”;
• the prevention of bullying in schools in the provincial code of conduct;
• a requirement that agreements between school boards and other persons or entities regarding the use of a school operated by the board adhere to standards consistent with the provincial code of conduct; and
• a provision to support pupils who want to establish or lead activities that promote gender equity, anti-racism, the awareness and understanding of, and respect for, people with disabilities and people of all sexual orientations and gender identities.

On the same day, the Progressive Conservative Party tabled Bill 14, the Anti-Bullying Act, 2011, legislation that would, if passed, amend the Education Act, in part to:

• define bullying, including cyber-bullying;
• designate the third week in November as “Bullying Awareness and Prevention Week” in schools;
• add provisions to deal with bullying on school property or within 50 metres of a school site, during an activity conducted for a school purpose, or through the use of technology;
• require school boards to provide instruction on bullying prevention;
• require the Minister to develop a model bullying prevention plan to assist school boards; and
• require a principal to take certain steps once the principal is advised that bullying has occurred.

Under a majority government, a government Bill receives priority in the House over private member Bills; generally, government Bills pass, whereas private member Bills do not. In the current minority situation, more than one Bill on the same issue has been introduced to the House, and it remains to be seen whether Bill 13, as introduced, will pass, or whether it will be modified to garner the support of the House.

The progression of these two bills will be monitored closely, and updates will appear on a regular basis in this blog.

• O. Reg. 221/11, Extended Day and Third Party Programs, which revokes O. Reg. 225/10 (“Extended Day Programs” for schools subject to section 259 of the Act); and
• O. Reg. 220/11, Full Day Junior Kindergarten and Kindergarten, which revoked Schedule 1 to O. Reg. 224/10 and substitutes a new Table.

The regulations are now in force.

O. Reg. 374/10 revokes Regulation 308 of the Revised Regulations of Ontario, 1990, and will come into force on February 1, 2011.

O. Reg. 361/10 is now in force.

O. Reg. 341/10 (Operation of Schools--General) adds section 22.1, which deals with exchange teachers. Among other things, the amendments define "criminal background checks" and "jurisdiction outside Ontario".

The O. Reg. 341/10 amendments are now in force.

Among other things, O. Reg. 330/10 adds Part III, which sets out the rules applicable to the purpose, creation and composition of Parent Involvement Committees.

The O. Reg. 330/10 amendments are now in force.

Section 21 adds PART X.3 (Designated Early Childhood Educators - Induction, Performance Appraisal and Reporting Obligations) to the Education Act (sections 277.46 to 277.52).

As previously reported, the amendments outlined at sections 1 to 20 and 22 of the Bill were proclaimed in force effective June 3, 2010.

• O. Reg. 321/10 (Extended Day Programs), amending O. Reg. 225/10, which in part provides for board approval of delegation by a principal and the appointment of Early Childhood Educators ("ECEs");
• O. Reg. 322/10 (Letter of Permission – Early Childhood Educators), setting out the criteria for Ministerial permission to appoint ECEs; and
• O. Reg. 323/10 (Full-Day Junior Kindergarten and Kindergarten), amending O. Reg. 224/10, which in part sets out the process for appointing ECE positions in urgent situations.

The regulation and regulatory amendments are now in force.

O. Reg. 234/10 sets out the performance appraisal process to be followed, the rules applicable in the event of unsatisfactory ratings and "special circumstances", and the duties and powers of supervisory officers and directors.

The regulation is now in force.

• O. Reg. 224/10, dealing with full-day junior kindergarten and kindergarten; and
• O. Reg. 225/10, dealing with Extended Day Programs for schools subject to section 259 of the Act.

The ELP initiative was formalized in Bill 242, the Full-Day Early Learning Statute Amendment Act, 2010, which received Royal Assent.

As previously reported, Bill 242 amends provisions of the Education Act and related statutes to give effect to the ELP. More information on the ELP is available in our FTR Now of January 12, 2010.

The amendments will come into force on a date to be named by proclamation.

• O. Reg. 194/10, which sets out the formula for calculating average daily enrolment for the 2010-2011 school board fiscal year (September 1, 2010 to August 31, 2011); and\
• O. Reg. 193/10, dealing with "restricted purpose revenues", which comes into force on September 1, 2010.

Other regulations deal with the calculation of the reserve amount resulting from strike or lock-out, and fees, among other matters.

• O. Reg. 176/10, which outlines the requirements for obtaining a certificate of qualification and registration. With certain exceptions, the Regulation is now in force.
• O. Reg. 182/10, which outlines amendments to O. Reg. 347/02 (the accreditation of teacher education programs).

• O. Reg. 180/10 (Supervisory Officers), in part clarifying the definition of "acceptable post-secondary degree" for the purposes of s. 1(1) of Regulation 309 of R.R.O. 1990;
• O. Reg. 183/10 (Operation of Schools), dealing with the assignment or appointment of teachers among other things.

Both Regulations are now in force.

As reported, Bill 242 carried at Third Reading on April 27, 2010. It amends provisions of the Education Act and related statutes to give effect to the government’s Early Learning Program (ELP) in September of 2010, as reported in our FTR Now of January 12, 2010. The amendments outline 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.

First introduced February 17, 2010, Bill 242 was later amended by the Standing Committee on Social Policy.

Bill 242 amends provisions of the Education Act and related statutes to give effect to the government’s Early Learning Program (ELP) in September of 2010, as we reported in our FTR Now of January 12, 2010.

The amendments outline 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.

First introduced February 17, 2010, Bill 242 was later amended by the Standing Committee on Social Policy.