Full Day Early Learning Statute Law Amendment Act, 2010 Dombrowsky, Hon. Leona Minister of Education — Bill 242 (39th Parliament, 2nd Session)

Bill 242, 39-2

Ontario — Bills

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Bill 242, Full Day Early Learning Statute Law Amendment Act, 2010

Dombrowsky, Hon. Leona Minister of Education

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[39] Bill 242 Royal Assent (PDF)

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

25.1 permit a board to establish

the use of the French language, provided that extended day programs in which

for their children;

(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 Ontario College 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.

(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:

Document details

Collection	Ontario — Bills
Citation	Bill 242, 39-2
Type	bill
Volume / chapter	p39 s2 bill 242 html
Language	en
Format	html
Source	PROVINCIAL
Identifier	aedb3ca32e2006b411c245f49a301a4f420e4d83

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