Education Statute Law Amendment Act (Student Performance), 2006 Pupatello, Hon. Sandra Minister of Education — Bill 78 (38th Parliament, 2nd Session)

Bill 78, 38-2

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Bill 78, Education Statute Law Amendment Act (Student Performance), 2006

Pupatello, Hon. Sandra Minister of Education

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[38] Bill 78 Royal Assent (PDF)

Bill 78 2006

An Act to amend

the Education Act,

the Ontario College of Teachers

Act, 1996 and certain other statutes

relating to education

Note: This Act amends or repeals more than one Act. For the legislative history of these Acts, see Public Statutes - Detailed Legislative History on

www.e-Laws.gov.on.ca .

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

PART I

AMENDMENTS TO EDUCATION ACT

1. The Education Act is amended by adding the following section:

Collection and use of personal information

8.1

(1) The Minister may collect personal information, directly or indirectly, for purposes related to the following matters, and may use it for those purposes:

1. Administering this Act and the regulations, and implementing the policies and guidelines made under this Act.

2. Ensuring compliance with this Act, the regulations, and the policies and guidelines made under this Act.

3. Planning or delivering programs or services that the Ministry provides or funds, in whole or in part, allocating resources to any of them, evaluating or monitoring any of them or detecting, monitoring and preventing fraud or any unauthorized

receipt of services or benefits related to any of them.

4. Risk management, error management or activities to improve or maintain the quality of the programs or services that the Ministry provides or funds, in whole or in part.

5. Research and statistical activities that relate to education and are conducted by or on behalf of the Ministry.

Limits on collection and use

(2) The Minister shall not collect or use personal information if other information will serve the purpose of the collection or use.

Same

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

Collection and use of personal information for research

(4) The collection or use of personal information for purposes related to research activities mentioned in paragraph 5 of subsection (1) is subject to any requirements and restrictions that may be prescribed.

Disclosure by educational and training institutions, etc.

(5) The Minister may require any of the following to disclose to him or her such personal information as is reasonably necessary for the purposes described in subsection (1):

1. Educational and training institutions that are prescribed for the purposes of sections 266.2 to 266.5.

2. Persons and entities that are prescribed for the purposes of subsection 266.3 (3).

Same

(6) The Minister may specify the time at which, and the form in which, the information must be provided.

Notice required by s. 39 (2) of FIPPA

(7) If the Minister collects personal information indirectly under subsection (1), the notice required by subsection 39 (2) of the Freedom of Information and Protection of Privacy Act is given by,

(

a) a public notice posted on the Ministry's website; or

(

b) any other method that may be prescribed.

Regulations

(8) The Lieutenant Governor in Council may make regulations for the purposes of this section,

(

a) prescribing requirements and restrictions for the purposes of subsection (4);

(

b) prescribing methods of giving the notice required by subsection 39 (2) of the Freedom of Information and Protection of Privacy Act .

Section 10.1 of the Act is repealed and the following substituted:

Report on new teacher induction program

10.1

(1) The Minister may require boards to prepare reports on the new teacher induction program required under

Part X.0.1 and may issue guidelines respecting the form and content of the reports and the

time periods within which or frequency with which they shall be submitted.

Minister's response

(2) If, in the opinion of the Minister, a report submitted under subsection (1) indicates that the board's new teacher induction program does not conform to the requirements of this Act or to any guidelines the Minister has issued

respecting new teacher induction programs, he or she shall inform the board of that fact and may direct the board to further develop its program and resubmit the report within a time frame specified by him or her.

3. (1) Clause 11 (7) (

a) of the Act is amended by striking out "and instructional days" and substituting "instructional days and professional activity days".

(2) Subsection 11 (7.1) of the Act is repealed and the following substituted:

Same

(7.1) A school calendar prepared under a regulation made under clause (7) (

d) shall not provide for more than 10 examination days in any school year determined in respect of a school under the regulations made under subsection

(7).

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

Regulations re provincial interest

11.1

(1) The Lieutenant Governor in Council may make regulations prescribing, respecting and governing the duties of boards, so as to further and promote the provincial interest in education.

Consultation

(2) Before the Lieutenant Governor in Council makes a regulation under subsection (1), the Minister shall consult with,

(

a) the Ontario Public School Boards' Association;

(

b) the Ontario Catholic School Trustees' Association;

(

c) l'Association des conseillères et des conseillers des écoles publiques de l'Ontario;

(

d) l'Association franco-ontarienne des conseils scolaires catholiques; and

(

e) any other persons and entities that, in the Minister's opinion, have an interest in the proposed regulation.

Notice

(3) The Minister shall give the persons and entities listed in subsection (2) and members of the public notice of the proposed regulation, in the manner he or she considers appropriate, at least 60 days before the regulation is filed

with the Registrar of Regulations.

Same

(4) The notice need not contain a draft of the proposed regulation, but shall summarize its content and intended effect.

Exception

(5) Subsections (2), (3) and (4) do not apply if the regulation, in the Minister's opinion,

(

a) is needed to deal with an urgent situation;

(

b) is needed only to clarify the intent or operation of this Act or the regulations; or

(

c) is of a minor or technical nature.

Same

(6) A regulation made under subsection (1) may require a board to,

(

a) adopt and implement measures specified in the regulation to ensure that the board's funds and other resources are applied,

(

i) effectively, and

(ii) in compliance with this Act, the regulations and the policies and guidelines made under this Act;

(

b) adopt and implement measures specified in the regulation to ensure that the board achieves student outcomes specified in the regulation;

(

c) adopt and implement measures specified in the regulation to encourage involvement by parents of pupils of the board in education matters specified in the regulation;

(

d) adopt and implement measures specified in the regulation with respect to the provision of special education services by the board;

(

e) adopt and implement measures specified in the regulation to promote the health of the board's pupils;

(

f) adopt and implement measures specified in the regulation to promote the safety of the board's pupils and staff;

(

g) publish reports respecting the board's compliance with regulations made under this section, in accordance with such rules about form, frequency and content as may be specified in the regulation.

Same

(7) Without limiting the generality of clause (6) (b), a regulation may,

(

a) specify outcomes for elementary school pupils relating to improved literacy and numeracy; and

(

b) specify outcomes for secondary school pupils relating to improved graduation rates.

General or particular

(8) A regulation made under subsection (1) may be general or particular.

5. The French version of clause 49.2 (7) (

a) of the Act is amended by striking out "révision" and substituting "réexamen".

Section 55 of the Act is repealed and the following substituted:

Student Trustees

Student trustees

(1) The Minister may make regulations providing for elected student trustees to represent, on district school boards and on boards established under

section 67, the interests of pupils in the last two

years of the intermediate division and in the senior division.

No membership or binding vote

(2) A student trustee is not a member of the board and is not entitled to exercise a binding vote on any matter before the board or any of its committees.

Recorded vote

(3) A student trustee is entitled to require that a matter before the board or one of its committees on which the student trustee sits be put to a recorded vote, and in that case there shall be,

(

a) a recorded non-binding vote that includes the student trustee's vote; and

(

b) a recorded binding vote that does not include the student trustee's vote.

Motion

(4) A student trustee is not entitled to move a motion, but is entitled to suggest a motion on any matter at a meeting of the board or of one of its committees on which the student trustee sits, and if no member of the board or

committee, as the case may be, moves the suggested motion, the record shall show the suggested motion.

Certain closed meetings

(5) A student trustee is not entitled to be present at a meeting that is closed to the public under clause 207 (2) (b).

Participation

(6) Subject to subsections (2) to (5), a student trustee shall have the same opportunities for participation at meetings of the board and of its committees as a member has.

Resources and training

(7) A student trustee has the same status as a board member with respect to access to board resources and opportunities for training.

Honorarium

(8) A student trustee is entitled to receive an honorarium from the board in accordance with the regulations, if the specified conditions are satisfied.

Regulations

(9) Without limiting the generality of subsection (1), a regulation under that subsection may,

(

a) provide for and govern the student trustee election process, which may be direct or indirect;

(

b) specify qualifications for electors of student trustees;

(

c) specify qualifications for student trustees and the consequences of becoming disqualified;

(

d) govern the number of student trustees who may sit on a board;

(

e) govern student trustees' terms of office;

(

f) authorize boards to reimburse student trustees for all or part of the out-of-pocket expenses reasonably incurred in connection with carrying out their responsibilities, subject to such limitations or conditions as may be specified in the

regulation;

(

g) provide for transitional matters that, in the Minister's opinion, are necessary or desirable in connection with the implementation of

section 6 of the Education Statute Law Amendment Act (Student Performance), 2006.

Same

(10) Without limiting the generality of subsection (1), a regulation under that subsection dealing with the honorarium described in subsection (8) may,

(

a) specify a method for calculating the amount of the honorarium;

(

b) specify conditions for the purposes of subsection (8);

(

c) provide that the honorarium for a student trustee who serves two or more terms shall be multiplied by the number of terms served or increased in some other way;

(

d) relate the amount of the honorarium to the honoraria received by members of the board;

(

e) govern the manner and timing of payment of the honorarium;

(

f) provide for the payment of the honorarium to a third party on the former student trustee's behalf;

(

g) prescribe classes of student trustees or former student trustees and treat the members of different classes differently.

Same

(11) Without limitin

Document details

Collection	Ontario — Bills
Citation	Bill 78, 38-2
Type	bill
Volume / chapter	p38 s2 bill 78 html
Language	en
Format	html
Source	PROVINCIAL
Identifier	d3558e30d3c2de02d4ec87f35b100901d3154246

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