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O.Reg. 221/11 – Extended Day And

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O.Reg. 221/11 – Extended Day And Regulations are published on the e-Laws website and in The Ontario Gazette. This copy is being provided for convenience only. ONTARIO REGULATION made under the EDUCATION ACT EXTENDED DAY AND THIRD PARTY PROGRAMS Skip Table of Contents CONTENTS PART I GENERAL 1. Interpretation PART II SCHOOLS SUBJECT TO SECTION 259 OF THE ACT 2. Schools subject to ss. 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 30. Revocation 31. Commencement Schedule/Annexe 1 2 PART I GENERAL Interpretation 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”) (2) A change in the name of a school listed in Schedule 1 does not affect obligations under this Regulation with respect to the school. PART II SCHOOLS SUBJECT TO SECTION 259 OF THE ACT Schools subject to ss. 259 (1) of the Act 2. (1) 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. (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. (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. (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. 3 Exceptions 3. (1) Despite section 2, 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 listed in Schedule 1 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. (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. 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. 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. (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. 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 4 kindergarten, kindergarten and, if relevant, other classes in the primary or junior divisions, and who have provided their contact information. (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. (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. (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. 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: 5 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.
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