A Handbook for Trustees, School Boards and Communities

EducatingTogether

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Educating Together , 2003A Handbook for Trustees, School Boards, and Communities

For information, contact the Ontario Public School Boards’Association (OPSBA) by phone at (416) 340-2540 or by e-mail at webmaster@opsba.org. OPSBA is one of the fivesponsoring organizations for this handbook, and serves ascoordinator on their behalf.

This handbook can also be found on the Internet atwww.ontarioschooltrustees.org

You are welcome to reprint material for non-commercial purposes if you cite this handbook and its sponsoring organizations as the source.

ISBN 0-7794-5468-5 Disponible en français

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Introduction

Acknowledgements

Chapter 1An Overview of Ontario’s Publicly-Funded Education System

9 Ministry of Education

10 District School Boards

11 Public School Boards 11 Catholic School Boards11 Language of Instruction12 School Board Duties12 School Board Trustees12 Directors of Education13 Superintendents

14 Schools

14 Principals15 Teachers17 School Councils

17 Ontario College of Teachers

Chapter 2Becoming a School Board Trustee

19 Qualifications to Run for the Position of School Board Trustee

20 Trustee Determination and Distribution

21 Recounts

21 Attending Board Meetings

22 Vacating a Seat

22 Filling Vacancies

23 Trustee Compensation

23 Student Representatives

24 Native Representatives

Chapter 3The Role of Trustees – A Focus on Accountability

26 Legal Accountability

27 Operational Accountability

27 Academic Accountability

27 Political Accountability

28 Effective Communication28 Special Representation

28 Trustees as Advocates

29 Trustees as Policy Makers

29 Trustees as Financial Guardians

30 School Boards as Employers

31 Code of Conduct for Trustees

31 Professional Development Opportunities

32 Key Actions of Effective School Boards and Trustees

Chapter 4Native Representation

35 Background

36 Education Authorities

36 Tuition Agreements

38 The Role of Native Representatives

39 Models for Native Representation

39 Legislative Issues

39 Suggestions for Further Reading

Chapter 5Governance Models

41 Background

42 What is Governance?

42 Models of Governance

43 Establishing a System of Governance

Chapter 6Legal Responsibilities and Liabilities

46 Statutory Duties of School Boards

46 Prescriptive Duties46 Permissive Duties46 Exceeding the Board’s Jurisdiction

46 School Board Policies and Liability

46 Standard of Care for Students

Contents

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47 Negligence

47 Vicarious Liability47 Principals and Teachers

47 Personal Liability of Trustees

47 Finance48 Compliance with Board Obligations

49 Confidentiality and Privacy

49 Municipal Freedom of Information and Protection of Privacy Act

49 Confidentiality of Student Records50 Youth Criminal Justice Act

51 Safe Schools

51 Behaviour and Discipline51 Conducting a Suspension/Expulsion

Appeal Hearing52 Child Abuse and Duty to Report52 Student Protection52 Criminal Records Background Checks

53 Recognizing Diversity

53 School Councils

53 Conflict of Interest

53 Pecuniary Interest54 Declaring a Conflict54 Contravention of the Provisions

Chapter 7Meeting Procedures

55 Inaugural Meetings

55 Subsequent Meetings

55 Attending Board Meetings

56 Quorum

56 Secretary-Treasurer

56 Agenda56 Minutes

57 Chair and Vice-Chair

57 Term57 Attendance57 Responsibilities57 Voting Rights58 Qualifications58 Rules of Order

59 Public Meetings

60 In Camera Meetings

60 Board Committees

61 Committee of the Whole Board

61 Student Representatives at Meetings

Chapter 8Education Funding

63 Funding Sources

63 Education Development Charges

64 Student-Focused Funding

64 Foundation Grant65 Special Purpose Grants65 Pupil Accommodation Grant

65 The Education Equality Task Force

67 Budget Development

68 Accountability for Pupil Accommodation

Chapter 9Curriculum, Testing and Special Programs

69 Curriculum Reform

70 Elementary Programs

70 Early Childhood Education and JK70 Early Reading and Early Math Strategies71 Student Assessment and Report Cards

72 Secondary Programs

72 Four-year Secondary Program73 Credits (Compulsory and Optional)73 Annual Education Plan73 Teacher Adviser Program74 Organization of Courses74 School-Work Transition Programs, Cooperative

Education and Work Experience 74 Student Assessment and Report Cards

75 Province-wide Testing

76 Religion in Public Schools

77 Religion in Catholic Schools

77 Religious Education77 Family Life Education77 Catholicity Across the Curriculum77 Faith Development

77 Recognizing Diversity

78 Preventing Violence

78 Technology and Education

79 Special Education

79 Special Education Advisory Committee (SEAC)79 Identification and Placement of Exceptional

Students81 Special Education Appeal Board81 Special Education Tribunal81 Individual Education Plan82 Further Information

E d u c a t i n g T o g e t h e r

Contents

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82 Continuing Education

82 Summer School

Chapter 10Collective Bargaining

83 Legislation Governing Collective Bargaining

84 Bargaining Agents and Bargaining Units

84 Teachers85 Non-Teaching Staff 85 Trade Unions and Staff Organizations85 Role of the Bargaining Agents

85 Negotiating a Collective Agreement

86 Notice to Bargain86 Conciliation86 No-board Report

86 Impasse and Sanctions

87 Strikes87 Lockouts and Unilateral Actions by

the Board87 The Education Relations Commission

87 Mediation and Arbitration

88 The Collective Agreement

Chapter 11Working with School Councils and Communities

89 Promoting Parent and Community Involvement

90 The Role of School Councils

91 The Ontario Parent Council

91 How Trustees Can Help School Councils

91 Inviting Public Input92 Making Connections in the Community92 Finding More Information

92 Strategies for Engaging Communities in the Key Work of School Boards

Chapter 12Communications and Media Relations

95 Developing a Communications Plan

96 Guiding Principles

96 Be Honest97 Be Clear97 Be Calm97 Be Alert

97 Be Prepared97 Be Proactive

98 Tips for Better Writing

98 Working with the Media

98 Taking a Story to the Media99 Making the Reporter’s Job Easier99 Responding to the Media99 Maintaining a Working Relationship

100 Complaining about Media Coverage

Appendices

A101 Association des conseillères et des

conseillers des écoles publiques de l’Ontario (ACÉPO)

B103 Association franco-ontarienne des conseils

scolaires catholiques (AFOCSC)

C107 Ontario Catholic School Trustees’ Assocation

(OCSTA)

D111 Ontario Public School Boards’ Assocation

(OPSBA)

E115 Canadian Charter of Rights and Freedoms,

Section 23: Minority Language Educational Rights

Glossary of Terms

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E d u c a t i n g T o g e t h e r

Contents

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Introduction

Congratulations! As a school board trustee, you have chosen and have been chosen to per-

form one of the most important jobs in education. Ontario’s education system continues to

adapt and transform to meet the ever-changing needs and challenges of today’s society. It is

an exciting time. We hope you find yourself exhilarated about your new position and about

the potential of your board.

School board trustees have many responsibilities. You oversee complex programs, many staff,

hundreds of facilities, and vast budgets. Most of all, though, you are accountable for improving

the education of all our children. This starts with an awareness of how well your students are

performing. With this information in hand, you can provide leadership to make decisions that

allows Ontario’s schools to keep improving. Our collective goal is steady improvement in student

achievement. We believe this is the foundation for an excellent publicly-funded education system.

This handbook is a collaborative effort by the five organizations listed below. It contains

practical information about almost every aspect of your job. We hope you will find it a useful

resource. The handbook is also available in English and French on the internet at the following

website: www.ontarioschooltrustee.org

We congratulate you again on being elected. We thank you for contributing your time, intel-

ligence and commitment to the betterment of publicly-funded education in Ontario, and wish

you a productive term as trustee. You are helping to safeguard the futures of our children.

Association des conseillères et des conseillers des écoles publiques de l’Ontario (ACÉPO)

Association franco-ontarienne des conseils scolaires catholiques (AFOCSC )

Ontario Catholic School Trustees’ Association (OCSTA)

Ontario Public School Boards’ Association (OPSBA)

Ontario Ministry of Education

Note: This handbook can provide only a basic introduction to the legal issues that affect trustees and school boards. The

following information is not conveyed as legal advice and should not be acted upon without first consulting legal counsel.

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E d u c a t i n g T o g e t h e r

Introduction

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Acknowledgements

The Ontario Ministry of Education has generously provided funding for the project. Ontario’s

school board associations wish to acknowledge the following individuals for their help in

preparing the handbook.

Advisory Committee Gail Anderson, (Project Manager) Executive Director, Ontario Public School Boards’ Association (OPSBA)

Cynthia Andrew, Legislative & Policy Analyst, Ontario Public School Boards’ Association

Robert Gagne, Executive Director, Association franco-ontarienne des conseils scolaires catholiques (AFOCSC)

Louise Pinet, Executive Director, Association des conseillères et des conseillers des écoles publiques de l’Ontario (ACÉPO)

Rachel Osborne, Policy Advisor, Labour Relations & Governance Branch, Ontario Ministry of Education

John Stunt, Executive Director, Ontario Catholic School Trustees’ Association (OCSTA)

Other Contributors Bob Williams, Director of Labour Relations, Ontario Public School Boards’ Association

Dave Walpole, Program Consultant, Ontario Public School Boards’ Association

Jeff Sprang, Director of Communications, Ontario Public School Boards’ Association

Brian Cain, Finance Consultant, Ontario Public School Boards’ Association

Margot Trevelyan, Director, Labour Relations & Governance Branch, Ontario Ministry of Education

Drew Nameth, Director, Business Services Branch, Ontario Ministry of Education

Barry Pervin, Director Teaching Policy & Program Office, Ontario Ministry of Education

Kit Rankin, Director Curriculum & Assessment Policy Branch, Ontario Ministry of Education

Marine Perran, Director Information Management Branch, Ontario Ministry of Education

Grant Clarke, Director Secondary School Policy & Programs Branch, Ontario Ministry of Education

Marie Lison Fougere, Director Policy & Program Branch, Ontario Ministry of Education

Ginette Plourde, Director French-Language Education Policy & Programs Branch, Ontario Ministry of Education

Wayne Burtnyk, Director Transfer Payments & Financial Reporting Branch, Ontario Ministry of Education

Alex Bezzina, Project Leader, Special Education Project, Ontario Ministry of Education

Paul Anthony, Director Policy & Standards Branch, Ontario Ministry of Education

Dave Costen, Director, Legal Services Branch, Ontario Ministry of Education

Peter Gooch, Director, Education Finance Branch, Ontario Ministry of Education

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E d u c a t i n g T o g e t h e r

Acknowledgements

8

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Chapter 1

AN OVERVIEW OF ONTARIO’S PUBLICLY-FUNDED EDUCATION SYSTEM

In Ontario, children between the ages of 6 and 16 must be enrolled in a formal education program. The province’s

Education Act and regulations establish the framework for the delivery of education programs. The Act outlines

the responsibilities of key partners in the education process, from the provincial government, to school boards,

to teachers in classrooms. This chapter offers an overview of the roles of these three key partners. [Throughout

this handbook, numbers in square brackets refer to sections in the Education Act.]

Ministry of Education

The Ministry of Education provides leadership and sets the direction for education policy in English and French-

language elementary and secondary schools by:

Promoting a safe, effective and respectful environment that supports learning;

Developing and sustaining a rigorous and challenging province-wide curriculum;

Promoting accountability throughout the publicly-funded education system by setting provincial

standards for achievement and in other key areas that promote quality education, such as safe

schools, class size and instructional time;

Promoting and supporting excellence in teaching;

Providing school boards with resources, including financial resources, and support for program

implementation;

In addition, the ministry continues to set requirements for student diplomas and certificates, and

make regulations that govern the school year, the organization of schools and school boards, and the

duties of teachers, principals and school board officials. The ministry also operates provincial schools

for children with disabilities.

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In its 2002/2003 Business Plan, the Ministry of Education put forward the following statement as its provincial vision

for education:

District School Boards

The Education Act provides for the establishment of the following four types of district school boards:

English public English Catholic French public French Catholic

The Education Act defines the non-denominational English and French systems as public. However, all four systems

are publicly-funded.

Certain remote or distinct communities have school authorities rather than district school boards. School authori-

ties are divided denominationally into public school authorities and Catholic school authorities.

(Note: In this handbook, the term school board is generally used to include both district school boardsand school authorities.)

In January 1998, the province amalgamated its school boards, reducing the total number from 134 boards of

education to 72 district school boards (60 English and 12 French). The 37 school authorities were further restructured

to reduce the number to 34.

Table 1-1 shows the number of district school boards and number of students in each of the four publicly funded

systems. Source: School September Report 2001/02, Ministry of Education.

Table 1-1 Number of Boards Number of Students

English Public boards 31 1,458,388

French Public boards 4 19,963

English Catholic boards 29 609,562

French Catholic boards 8 72,553

School Authorities 34 2,642

E d u c a t i n g T o g e t h e r

An Overview Of Ontario’s Publicly-Funded Education System

10

Students will have access to a top quality education characterized by high standards, clearly

stated expectations and frequent, straightforward evaluation;

Students will have the right to learn in a safe and disciplined environment;

The school system will prepare students for higher education, for entering the workforce and

for assuming the full responsibilities of citizenship;

Teachers will have full opportunities to be the best qualified and the most highly-skilled in

Canada; and

Parents will have a strong voice in the education of their children.

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Public School BoardsA fundamental pillar of a democratic society is free education for its citizens. Ontario's English and French public

district school boards provide universally accessible education for all students, regardless of their ethnic, racial

or cultural backgrounds, social or economic status, gender, individual exceptionality, or religious preference.

The English and French public systems are founded on the principle of equality of educational opportunity. Every

student deserves an opportunity to achieve to his/her best ability. Public school boards to provide high standards

in their programs to ensure that there are supports and resources to help all students reach those standards.

A strong public education system that prepares students to become productive and contributing citizens is the

foundation of a civil society. The English and French public district school boards, in partnership with parents

and caregivers, prepare students for success in whatever field they choose.

Catholic School Boards English Catholic and French Catholic district school boards have the same obligations, duties, rights and privileges

under the Education Act as do the public district school boards. In addition, however, Catholic boards strive to

create a faith community where religious instruction, religious practice, value formation, and faith development

are integral to every area of the curriculum.

Roman Catholic schools exist to offer a system of education chosen by Catholic parents. The board ensures that

the educational purposes of the government are carried out in harmony with the denominational purposes of the

faith community.

In Catholic education, the school, the home, and the Church work together to develop within students a way of

living that embodies the life of Jesus Christ. Catholic education fosters cognitive development and teaches skills

and knowledge. In addition, it is concerned with the formation of the whole person of the student through the

personal integration of faith and life. Roman Catholic schools seek to provide a learning experience that allows

students to develop their particular skills and individual talents, and to realize their uniqueness as children of

God, and as brothers and sisters to every man and woman in the world.

Catholic district school boards provide Catholic education by:

ensuring support and guidance to develop each school as a Catholic Christian community in all its

academic and non-academic activities;

providing teachers, principals and vice-principals, supervisory officers and other personnel who are

committed to building the school system as a Catholic Christian community;

preparing, upgrading, and putting to use academic curricula, including formal religious instruction, in

which Catholic faith and life are integrated.

Language of Instruction Parents with rights under Section 23 of the Canadian Charter of Rights and Freedoms are guaranteed a French-

language education for their children. (See Appendix E, Canadian Charter of Rights and Freedoms, Section 23.)The province offers French-language education through both French public and French Catholic district school

boards. Parents who do not have rights under Section 23 may apply to an admissions committee.

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Chapter 1

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French-language district school boards may only operate schools/classes in which French is the language of

instruction [288]. However, they may offer English as a course of instruction at any level, and must offer English

as a course of instruction in Grades 5 through 8 [292; 293].

Correspondingly, English-language district school boards may NOT operate schools/classes in which French is the

language of instruction [289]. However, they may, with Ministry permission, offer programs ‘involving varying

degrees of the use of the French language in instruction’ [8(1)25]. It is important to note that the Ministry’s

curriculum includes various components for French-as-a-second-language instruction for use by English-language

district school boards starting in Grade 4.

School authorities may conduct classes in both languages of instruction; some school authorities are responsible for

providing French-language education to students with rights under Section 23 of the Canadian Charter of Rights

and Freedoms.

It is important to note that other languages may be offered as part of the curriculum or as different programs, in

both French and English schools.

School Board Duties The Education Act and its regulations set forth the services that district school boards and school authorities must

offer. Some of the duties of a school board include:

operating schools according to provincial legislation;

having a vision statement that reflects the board’s philosophy and local needs and priorities;

setting the board’s budget within the provincial grants and accompanying regulations;

implementing curriculum according to ministry curriculum policy;

developing and delivering other programs that reflect provincial policies and local priorities;

hiring teachers and other staff required in their schools;

maintaining school buildings and property with regard to student safety and in accordance with

provincial legislation;

monitoring their policies and the achievement of their students and, through the director of education,

holding the entire system accountable for meeting provincial and board standards.

School Board Trustees The role of the school board trustee will be discussed in detail in Chapter 3 of this handbook. All district school

boards and most school authorities are governed by locally-elected trustees. The exceptions are the 6 school

authorities located in hospitals, which have appointed rather than elected trustees. Trustees play a key role in

ensuring that schools operate within the standards established by the province, and that the programs and services

remain responsive to the communities they serve.

Directors of Education The Education Act requires boards to hire or obtain the services of the supervisory officers they need, and identifies

several school-related responsibilities. Supervisory officers include directors of education and superintendents.

E d u c a t i n g T o g e t h e r

An Overview Of Ontario’s Publicly-Funded Education System

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Subject to exceptions set out by regulation, each district school board must hire a qualified supervisory officer

as a director of education [279], and must notify the Minister in writing when the director is appointed. Subject

to the Minister’s approval, two or more school authorities or school boards may jointly share a director of educa-

tion [280]. School authorities may also, with the Minister’s approval, obtain the services of a supervisory officer

through an agreement with another board or with the ministry itself. Under special circumstances a supervisory

officer (either a director or superintendent) may be appointed by the Minister of Education. In that case, the

supervisory officer is responsible to the Minister.

The director of education is the chief executive officer and chief education officer (CEO) of the school board.

Through the director of education, school boards hold the entire system accountable for the results based on

expectations set at the provincial and board levels. Directors are responsible for:

advising the board on operational matters;

implementing board policies;

managing all facets of the school board operations.

The Act distinguishes between a board’s responsibility for policy development and the responsibility of staff for

administering that policy. As the chief executive officer and chief education officer for the board, the director

of education must develop and maintain an effective organization and the programs required to implement the

board’s policies [283(1.1) and (2)]. The Act also requires the director to report to the board annually on actions

taken the previous year to carry out that mandate. This report must be forwarded to the Minister by January

31 [283(3)].

The director’s administrative duties include supervising certain staff and ensuring that performance appraisals

are conducted. As well, the director usually serves as the secretary of the board. (See Chapter 7, MeetingProcedures.)

All directors of education belong to the Council of Ontario Directors of Education (CODE). All 12 French-language

directors of education also belong to the Conseil ontarien des directions d’éducation de langue française

(CODELF). English Catholic Council of Directors of Education may belong to (ECCODE) and French Catholic direc-

tors of education may belong to le Conseil ontarien des directions d’éducation catholique de langue française.

Superintendents Superintendents are legally accountable, through the director of education, to the board for the implementation,

operation, and supervision of educational programs in their schools. Boards must notify the Minister in writing

when a superintendent is appointed. See Regulation 309 of the Education Act for more information.

Superintendents lead and supervise schools and programs, working with principals and staff to ensure that

schools operate according to ministry and board policy, and ensuring that performance appraisals are conducted.

As agents of the school board, superintendents hold the schools accountable for student achievement. They are

required by the Act to make annual reports if requested by the board or the Minister, and the board may assign

other duties as required [286(1)].

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Chapter 1

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Superintendents belong to one or more of the following professional organizations, depending on the system

they serve:

Ontario Association of School Business Officials (OASBO)

Council of School Business Officials (COSBO)

Ontario Public Supervisory Officers’ Association (OPSOA)

Ontario Catholic School Business Officials (OCSBO)

Ontario Catholic Supervisory Officers’ Association (OCSOA)

Association des gestionnaires de l'éducation franco-ontarienne (AGEFO)

Schools

In general, elementary schools provide programs for children from Junior Kindergarten to Grade 8, and secondary

schools serve students enrolled in Grades 9 through 12. (Note that in the year 2003, the Ontario AcademicCourses (OAC or Grade 13) were officially phased out of the Ontario curriculum.) All boards must provide

or purchase special education programs for exceptional students within their jurisdictions. School boards are

required to make Senior Kindergarten programs available, but Junior Kindergarten is optional.

Subject to statutory criteria on such matters as average class size and average instructional time, school boards

and schools have flexibility to set policies for organizing schools and grouping students. For example, boards may

operate classes for developmentally challenged individuals. They may also hold classes in care, treatment and

correctional facilities. Attendance at these specialized schools is declining as more students move into regular

classrooms.

Schools achieve excellence in education by:

promoting high standards of individual achievement;

providing the understanding and basic skills required for active, compassionate participation in the life

of the family, the community, the province, the nation, and a global society;

cultivating a love of learning;

recognizing the value of diversity among learners and communities;

exploring creative approaches to education.

Principals Principals are the educational leaders within their school communities and ensure that effective programs are in

place in accordance with board and ministry policy. They are responsible for supervising teachers and programs

within their schools. Principals are also responsible for measuring and communicating student achievement results.

They work with their staff, parents and the community to develop and implement school improvement plans that

reflect school and board priorities and set strategies to improve student results. Principals and vice-principals may

belong to one or more of the following professional organizations:

Ontario Principals’ Council (OPC)

Catholic Principals’ Council of Ontario (CPCO)

Association des directions et des directions adjointes des écoles franco-ontariennes (ADFO).

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In addition to any teaching duties, the principal is responsible for the daily operation of schools, including the care

of students and the supervision of staff. Some of the principal’s obligations under the Education Act include:

maintaining proper discipline in the school and attending to the care of students and property;

registering students, ensuring that attendance is recorded, holding examinations and reporting on

students’ progress;

preparing a school timetable, assigning classes and subjects to teachers, and encouraging co-operation among

staff members;

ensuring that students use textbooks approved by the board and, in certain subject areas, by the Minister;

reporting on any aspect of school business as required by the board and providing information to the

ministry and appropriate supervisory officer about discipline, student achievement, and the condition of

school premises;

reporting promptly to the board and medical officer of health if he or she suspects a communicable

disease in the school or unsanitary condition of school property;

refusing access to anyone who, in the principal’s judgment, might threaten the physical or mental well being

of students.

Regulation 298 lists additional principals’ duties. These include making recommendations to the board about

teacher appointments, promotions, demotions or dismissals, and promoting close co-operation with parents,

industry, business, and other community groups.

Commencing in September 2002, principals must conduct regular performance appraisals of their teaching staff,

according to province-wide teacher performance appraisal standards. The Ministry of Education published Teacher

Performance Appraisal Manual and Approved Forms and Guidelines to aid in conducting performance appraisals of

teachers. The Education Act [277] as well as Regulation 99/02 and the Ministry Guidelines define the time lines,

processes, and steps to be followed, as well as the areas to be covered by the parent survey and student survey

components of the appraisal process.

The principal has a key role to play in ensuring that school councils operate effectively. An amendment was made

to Regulation 298 in November 2000, to outline the duties of the principal in relation to school councils.

(See Chapter 11, Working with School Councils and Communities.)

Teachers Only teachers who are members of the Ontario College of Teachers (OCT), or those with a special letter of permission

from the ministry, may teach in publicly-funded elementary or secondary schools. (See Ontario College ofTeachers, later in this chapter.)

Teachers may belong to the Ontario Teachers’ Federation (OTF) through one or more of the following affiliates:

Ontario English Catholic Teachers’ Association (OECTA)

Elementary Teachers’ Federation of Ontario (ETFO)

Association des enseignantes et des enseignants franco-ontariens (AEFO)

Ontario Secondary School Teachers’ Federation (OSSTF).

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Teachers are the front-line representatives of the education system. Their many activities go beyond instruction

and include encouraging students to pursue learning, maintaining classroom discipline, and evaluating students’

learning and progress.

A teacher is expected to [264(1)]:

teach classes or subjects assigned by the principal,

encourage students to learn,

promote respect for societal values,

encourage cooperation among school staff,

maintain order and discipline in the classroom and school,

use English or French, as appropriate,

follow a timetable,

participate in professional activity days as designated by the board,

give notice of absence,

use only textbooks approved by the ministry and the board, and

relinquish any school property on demand.

Ontario Regulation 298 states that, in addition to the duties laid out in the Act and by the board, a teacher is

expected to:

be responsible for effective instruction, training and evaluation of pupils, and for classroom management;

fulfill supervisory duties and instructional program as assigned by the principal

co-operate fully with other teachers and the principal in all matters related to the instruction of pupils;

be available and prepared before the start of classes;

assist the principal in maintaining close co-operation with the community;

prepare teaching plans and outlines;

ensure that all reasonable safety procedures are carried out in courses and activities;

co-operate with the principal and other teachers to establish and maintain consistent disciplinary practices

in the school;

ensure that report cards are fully and properly completed and processed;

co-operate and assist in the administration of tests under the Education Quality and Accountability Office Act, 1996;

participate in regular meetings with pupils' parents or guardians;

perform duties as assigned by the principal in relation to co-operative placements of pupils; and

perform duties normally associated with the graduation of pupils.

Many teachers choose to participate in supervising co-instructional activities at the school. These activites continue

to be voluntary. However, once engaged in, these activities cannot be withdrawn en masse as a labour protest. To

do so is considered to be a ‘strike’ under the Education Act [277.2(4)(b)].

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School CouncilsThe Education Act requires school boards to establish a school council for each school operated by the board

[170(1)17.1].

Ontario Regulations 612/00 and 298 together address three key areas pertaining to school councils: the purpose

of school councils, membership and operational matters, and the obligation of boards and principals to consult

with school councils on certain matters.

School councils consist of the following members:

A majority of parents, as specified in a bylaw of the school council or by the board if such a bylaw does

not exist;

The principal or vice-principal (the principal may delegate membership responsibility to the vice-principal);

One teacher employed at the school, other than the principal or vice-principal;

One non-teaching employee of the school;

One student, in the case of secondary schools (optional for elementary schools);

One or more community representatives;

One person appointed by an association that is a member of the Ontario Federation of Home and School

Associations, the Ontario Association of Parents in Catholic Education, or Parents partenaires en éducation,

if the association is represented at the school.

For more information on the role and responsibilities of school councils, please refer to Chapter 11 – Workingwith School Councils and Communities

Ontario College of Teachers

The status of teachers under the Education Act changed significantly in the mid-1990s. Most notably, the

ministry relinquished control over the process of teacher certification to the Ontario College of Teachers (OCT).

The Ontario College of Teachers is a self-regulating professional body responsible for issuing teaching certificates

to its members. The College establishes and enforces standards for certification, standards of practice, and pro-

fessional learning. It also accredits faculties of education. For more information on professional standardsfor teachers, see Standards of Practice for the Teaching Profession, published by the Ontario College ofTeachers or visit the OCT website at www.oct.on.ca.

In order to be certified by the College as a teacher in Ontario, you must have an approved post-secondary degree,

complete a year of teacher training through an accredited faculty of education, submit to a criminal reference

background check, provide evidence of effective communication in one of Ontario’s official languages of instruction,

and successfully write the Ontario Teacher Qualifying Test.

All members of the Ontario College of Teachers are required to stay up-to-date in their skills and knowledge in

order to remain certified. This requirement, known as the Professional Learning Program, is part of a comprehen-

sive set of initiatives to support teaching excellence. It entails a minimum of 14 courses of at least 5 hours

duration (70 hours) on a five year cyclical basis throughout a teacher’s career, from a list of courses approved

by the College’s Professional Learning Committee.

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Chapter 2

BECOMING A SCHOOL BOARD TRUSTEE

The election of school trustees is governed by sections of the Education Act and the Municipal Elections Act, 1996.

School board trustees are elected every three years during municipal elections. Voters must choose which of the

four school board systems they will support, subject to certain restrictions. This means that each voter can elect

a trustee to only one of the four school board systems in a jurisdiction: English public, English Catholic, French

public or French Catholic. Voters who own residential property in more than one school board jurisdiction may

vote in both jurisdictions. In addition, when students from a First Nations community attend a school or schools

operated by a school board under a tuition agreement, the First Nations community may name a person to the

board to represent the interests of the Native students. (See Chapter 4, Native Representation.)

This chapter addresses questions that may arise after the votes have been tallied on election day or once the

term of office has begun. It is intended primarily for trustees who are already in office. It provides some back-

ground information about the electoral process, but does not cover procedures or reporting candidates’ expenses

or other campaign-related topics. A guide for candidates and prospective candidates, is available online from the

Ministry of Municipal Affairs and Housing (www.mah.gov.on.ca), and contains detailed information on running

for election. Additionally, the Ministry of Education provides an online information guide for school boards for

the purpose of conducting the trustee elections (www.edu.gov.on.ca).

Qualifications to Run for the Position of School Board Trustee

Trustee candidates need not have a background in education.

In general, a person may run for election [219(1)]as long as he or she is:

a resident in the area of the jurisdiction of the board,

a Canadian citizen,

at least 18 years old,

eligible to be an elector of the school board for which the person is a candidate (for example, a person

seeking office for a French Catholic school board must be qualified as a French Catholic elector), and

not disqualified from holding office by the Municipal Elections Act, 1996 or any other legislation.

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The following persons are initially ineligible to be trustees [219(7)]:

an employee of any district school board or school authority,

a clerk, treasurer, deputy clerk or deputy treasurer of a county or municipality included in the board’s area,

a member of the Assembly, the Senate, or the House of Commons of Canada.

In the first and second cases above, the person can become eligible by taking an unpaid leave of absence prior

to filing their nomination papers, until the election has been held.

In a by-election, the following persons cannot be trustees unless their term of office will end less than two

months after the nominations close, or unless they resign from office before the nominations close:

a trustee of any other district school board or school authority

a member of the council of a county or municipality included in the board’s area

an elected member of a local board of a county or municipality included in the district school board’s area.

Trustee Determination & Distribution

The procedure for establishing the number and distribution of trustees includes a determination of:

the population of the board’s electoral group

the number of trustees required, based on tables set out in the regulations, and

the geographic distribution of members within the board’s area of jurisdiction.

Once the number of board members to be elected (based on the regulations) has been determined, a board must

then determine the geographic allocation of its members in accordance with the rules set out in O. Reg. 412/00.

In boards where there is more than one municipality, the board must pass a resolution that either:

designates one or more municipalities as low population municipalities and directs that an alternative

distribution of members be done, or

states that the board has decided not to designate any municipality as a low population municipality.

Designation of low population municipalities would allow boards to provide greater representation to rural or

other areas within the board’s jurisdiction that may require greater representation.

The minimum number of trustees in a district school board is 5; the maximum number is 12; except for the

Toronto District School Board, which elects 22 trustees to represent the city’s significantly higher population.

The number of trustees elected to a district school board is based primarily on population. Additional trustee

positions are calculated based on population density or, in some cases, dispersal. (Dispersal is a measure of the

distance between the board office and the communities served.)

The determination of the number of trustees for the purposes of a school board election is calculated by the

Director of Education of each district school board based on the regulations and guidelines set forth by the

Ministry of Education [Regulation 412/00]. School boards may voluntarily pass a motion which reduces the

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number of board members. Such a motion must be passed by the board prior to March 31st of an election year.

A board motion to this effect means that the Director of Education need not perform the calculation for trustee

determination.

Recounts

Following an election or a by-election, a recount must be held if two or more candidates receive the same

number of votes.

A recount may also be held in either of the following circumstances:

the board passes a resolution requiring a recount, or

an elector who is entitled to vote has reasonable grounds for doubting the election results. In this case,

the elector must apply to the court for a recount within 30 days after the election results are declared.

If the recount still results in a tie, then the municipal clerk chooses the successful candidate by lot.

Attending Board Meetings

Trustees are expected to attend all board meetings and all meetings of board committees of which they are

members, either physically or through electronic means. If a trustee expects to be absent from a regular board

meeting, that trustee can have the absence authorized by a board resolution entered in the minutes [228(1)(b)].

Note that a trustee will lose their seat for being absent without authorization for three consecutive meetings

[228(1)(b)].

Regulation 463/97 under the Education Act [208.1] requires every district school board to develop and implement

a policy for using electronic means to hold meetings of the board and meetings of committees of the board, includ-

ing a committee of the whole board. Members are to be provided with electronic means for participating in meetings.

However, at every meeting of the board or a committee of the whole board all of the following people must be

physically present in the room:

the chair of the board or a designate,

at least one additional member of the board,

the director of education or a designate.

For other committee meetings, the following people must by physically present:

the chair of the committee or a designate,

the director of education or a designate.

A member of a board who participates in a meeting through electronic means in compliance with Regulation

463/97 is considered present at the meeting.

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Vacating a Seat

A trustee may resign during the term upon the consent of a majority of trustees present at any meeting, as long

as the resignation does not reduce the number of trustees to less than a quorum [220(3)]. The consent must

be entered in the minutes and the resigning trustee is not entitled to vote on the motion related to his or her

resignation.

If the trustee is required to resign in order to become a candidate for another office, the trustee may simply file

a statement to that effect with the secretary of the board. In this situation, the resignation becomes effective

on November 30 or the day before the other office commences, whichever is earlier [220(4)].

Under the Education Act [228(1)], a trustee’s seat is automatically vacated if the trustee:

is convicted of an indictable offence;

is absent—either in person or electronically—from three consecutive regular board meetings (unless the

absence was authorized by a resolution entered into the minutes);

ceases to hold the necessary qualifications required to be a trustee;

becomes disqualified to act as a trustee;

fails to be physically present in the meeting room of the board for at least three regular board meetings

in each twelve month period, beginning December 1.

Any one of these conditions will cause the trustee to lose the seat.

A school board continues to exist even if, for whatever reason, there are no longer any trustees on the board.

Filling Vacancies

All vacancies to the board must be filled, unless the vacancy occurs within one month of the next municipal

election [224(a)]. A vacancy that occurs after the election but before the new board is organized shall be filled

after the new board is organized [224(b0].

Vacancies can be filled in two manners — by appointment or in a by-election.

Appointment: If a majority of the trustees remain in office, the remaining trustees can appoint a qualified person

within 60 days of the vacancy.

By-election: The board can, by resolution, require that a vacancy be filled in a by-election held in accordance with

the Municipal Elections Act, 1996, if the vacancy occurs:

in a year where there is no election under the Municipal Elections Act, 1996,

prior to April in a year where there is an election under the Municipal Elections Act, 1996, or

after the school board election, in a year where there is an election under the Municipal Elections Act, 1996.

If a majority of the trustees do not remain in office following a vacancy, a by-election must be held.

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Trustee Compensation

The Education Act sets forth the parameters for trustee honoraria [191]. Trustees of district school boards may

be paid an honorarium to be determined by the board, up to a maximum of $5,000 annually. Chairs and vice-

chairs may be paid an additional annual honorarium determined by the board which cannot exceed the annual

honorarium paid to trustees. The honoraria can be decreased by the board at any time. School authority members

may be paid an honorarium at the same rate as was paid on December 1, 1996 [191.1].

Trustees may not receive insurance benefits which are paid by the board, such as group life insurance, general

accident insurance, sickness, hospital/medical, dental and extended health insurance. Accident and third party

liability insurance for trustees is available, but only while a trustee is on board business.

With respect to travel expenses to and from the board office to attend board meetings, the board can either:

reimburse a trustee for reasonably incurred out-of-pocket expenses, or

pay the trustee at a per-kilometre rate determined by the board.

Other travel expenses reasonably incurred by a trustee may be reimbursed by the board in accordance with its policy.

A trustee may also be reimbursed for other reasonable out-of-pocket expenses incurred as a result of carrying

out his or her responsibilities in accordance with the board’s policy. Lost wages do not qualify as an out-of-

pocket expense.

Any allowance payable to a trustee may be reduced by a reasonable amount due to a trustee’s absence from meetings.

Student Representatives

Regulation 461/97, Pupil Representation on Boards, requires each board to develop a policy on student represen-

tation and have at least one student representative. The benefits of this are twofold: the student gains a better

understanding of the system that supports education and can share that understanding with peers; and the board

gains a fresh perspective from a current student who may have unique knowledge of how policies will affect the

classroom.

The student representative must be in secondary school at the time he or she is selected, and may only represent

secondary students.

The board’s policy on student representation must address the following:

how student representatives are chosen (by peer election or by appointment);

how they may participate in board business;

the term of office;

disqualification;

how vacancies are filled.

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The policy may also provide for student representatives to be reimbursed for reasonable out-of-pocket expenses

incurred while doing board duties. Reasonable expenses might include mileage for out-of-town travel or costs for

attending a training session or conference. If student representatives are to be reimbursed for their expenses,

then it must be according to the same policies that apply to elected board members.

Appointments or peer elections for student representatives must occur no later than June 30 of each school

year, to take effect the following school year.

Student representatives must have at least the same opportunities to participate in discussions at board meetings

and meetings of board committees as elected board members. However, the Education Act makes it clear that

student representatives are not true ‘members’ of a board. Therefore, they are excluded from meetings that are

closed to the public, and they do not have voting rights. [55(5)3 and 55(5)5].

Native Representatives

Under certain circumstances, a board must have one or more Native representatives.

For details, see Chapter 4, Native Representation.

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Chapter 3

THE ROLE OF TRUSTEES –A FOCUS ON ACCOUNTABILITY

“Every stitch of time you spend helps to build a more just, a more humane, a more civilized society.There can be no objective more noble.”

~ Stephen Lewis on trusteeship, speaking to the Canadian Education Association, Congress 2000, Prince Edward Island, July 2000.

A clear understanding of a school trustee’s role and responsibilities is fundamental to any discussion of accountability.

A school trustee is a member of a board, not a member of a parliament and it is important for both trustees and

the general public to understand that school board trustees hold no individual authority. The school board, as a

corporate body, is the legislative source of all decisions and individual trustees are given no authority through

the Education Act. Unlike provincial and federal parliaments, school board members do not vote according to an

official ‘affiliation’, nor are there ‘governing’ trustees and ‘opposition’ trustees. Trustees deal with each issue

acccording to their personal beliefs, having taken into consideration the law, the students and the constituency.

Once the board of trustees has voted, individual trustee members are legally bound by the majority decision,

regardless of whether they supported it during debate or voted in opposition. Although they may not agree with

the decision, trustees should be able to explain the rationale for the policy and ensure that it is understood,

implemented and monitored. Trustees who wish to explain a school board decision should do so in this context.

They may say that they are opposed to a decision, and may support this with their political opinion, but they

are expected to do so respectfully.

In the report of the Education Equality Task Force (EETF) released in December 2002, Investing in Public Education:

Advancing the Goal of Continuous Improvement in Student Learning and Achievement, Dr. Mordechai Rozanski

set forth the following role for school boards:

Boards, in consultation with their administrators and their school communities (principals, teachers, support

staff, and school councils) set local policies, priorities and budgets within the framework of provincial

legislation and policy.

Boards establish their local budgets within the scope provided by their funding allocation. They are

responsible for ensuring that their schools and staff have the professional capacity and the appropriate

resources to meet provincial and board policies and priorities. They are equally responsible for spending

the public funds they receive from the province in a cost-effective and appropriate way.

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Boards hold their directors of education and, through their directors, their superintendents, principals,

teachers and support staff accountable for meeting provincial and board policies and for ensuring that the

board’s funding allocation is spent in keeping with the board’s budget.

Boards are accountable to their communities (their electors) and to the Province for continuous improvement

in the level of student achievement in their schools.

The Task Force also set out roles and responsibilities for the province and for schools and offered a discussion on

accountability – the responsibility for any difference between expected and actual performance results.

In the context of Ontario’s publicly-funded education system, reciprocal accountability means that everydemand by the public and the Province for improved performance involves a responsibility to provideappropriate resources to meet the demand, AND that every investment accepted requires school boards,principals, teachers, and other staff to demonstrate accountability for using those resources efficientlyand effectively for the purpose intended. (Education Equality Task Force Report, p. 20)

Public focus on school board accountability has rarely been so intense. School boards are held accountable for their

fiscal and operational performance as boards, and for the academic performance of their students. In addition,

Catholic school boards are called to serve Christ in an educational system whose mission is to share the person

and message of Christ through the curriculum and life of the Catholic school.

School board trustees serve an important and valued role in the education accountability paradigm. Not only are

they responsible for the operational and pedagogical outcomes of Ontario’s schools but they must also ensure that

these outcomes are fully communicated. Further, where expectations are not met, school boards must explain what

steps can be taken to improve the situation.

Legal Accountability

Under the Education Act, locally-elected school boards are responsible for operating publicly-funded schools within

their jurisdiction. Legal accountability for board decisions applies to the board as a corporate entity rather than

to individual trustees. In fact, the Act gives no individual authority to trustees and refers only in a limited way

to their responsibilities. As members of the corporate board, trustees are legally accountable to the public for the

collective decisions of the board and for the delivery and quality of educational services.

With reference to the board as a corporate body, the legislation is both prescriptive and permissive. It states

certain tasks that school boards ‘shall’ perform [170] and lists other activities that they ‘may’ undertake [171].

Boards may pursue activities not explicitly addressed in the Act, but should seek a legal opinion before doing so.

The main duties for boards, as specified under the Act, include:

ensuring that schools within their jurisdiction operate according to the Education Act, its regulations,

and other relevant legislation;

preparing the board’s annual budget and reporting the board’s expenditures to the community and the ministry;

determining the number, size and location of schools in the board’s jurisdiction;

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determining school attendance boundaries;

hiring professional staff and other staff to deliver educational services.

In addition to their responsibilities under the Education Act, school boards must deal with the impact of many

statutes administered by ministries other than education. (See Chapter 6, Legal Responsibilities and Liabilities.)

Operational Accountability

As a corporate body, the board must answer for the educational, financial and operational performance of the

school system. For the system to be effective and for the board to be fully accountable, all board operations must

be monitored and evaluated on an ongoing basis. Further, the results must be communicated to the Province and

to the public. Effective monitoring and evaluation involves:

establishing goals,

setting priorities,

appraising performance,

reviewing programs and expenditures based on the results of the appraisal.

Academic Accountability

A school board must ensure that the provincial curriculum is implemented and that local programs are developed

to address specific needs such as early literacy, at-risk, and special education. The board’s strategic plan must

address academic performance and curriculum implementation, and include goals for improvement in these areas.

Through the director of education, school boards are also responsible for ensuring that:

provincial test results and other student performance indicators are evaluated and acted upon at the

school level and board level

tools such as board improvement plans and school improvement plans are in place, are used effectively,

and are communicated to the public.

Political Accountability

The province sets limits on the remuneration that trustees may receive, reflecting the expectation that this is a

part-time commitment. Within this constraint, a school board remains responsible for governing the school system

on behalf of the community it serves, in the best interests of all students in the jurisdiction.

Individual trustees interpret ‘representing their community’ in different ways. Some communities expect an active

trustee; others do not. Because Ontario’s communities are so diverse, the job of school trustee varies widely. A

trustee must serve the community as an elected representative, but the primary task is to act as a member of a

board making policy decisions, employing staff, and overseeing curriculum and program delivery.

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Trustees bring a range of skills, experience, knowledge, values, beliefs and opinions to their role. Their background

does not necessarily include teaching, administration, or any other aspect of education. Their diversity ensures that

board processes are truly democratic and contributes to good decision-making. It also helps trustees provide a balance

between the interests of a broader community and the interests of those involved in the delivery of education.

Effective Communication

Fulfilling the representational role is challenging to school board trustees, particularly to those serving large and/or

diverse constituencies. Trustees must also consider that not all their constituents have school-aged children. A

democratic government system entitles everyone to a voice but does not ensure that everyone will get exactly what

they want. Effective communication is critically important. Most boards allow groups and individuals to make written

and oral submissions to the board. Trustees can serve an important role in helping their constituents to take full

advantage of opportunities like these.

There are various ways to promote effective communication with the community, such as through school councils,

community groups, parent organizations, public meetings, newsletters, the media, the telephone, and the Internet.

Regular dialogue will enhance a trustee’s ability to represent constituents and help to build understanding and

consensus in the community. Community input helps trustees to contribute to board discussions and to formulate

workable solutions. (See Chapter 11, Working with School Councils and Communities.)

Special Representation

All boards must have a policy providing for at least one student representative on the board. For informationabout this non-voting role, see ‘Student Representatives’ in Chapter 2, Becoming a School Board Trustee.

Depending on enrolment and other criteria, boards may also have one or more Native representatives. Fordetails see Chapter 4, Native Representation.

Trustees as Advocates

Trustees act as education advocates at various levels. At the local level, trustees work on behalf of the community

and must consider the unique needs of that community when deciding what position to take on an issue. They

encourage constituents to participate in the school system. This involves familiarizing people with the procedures

for bringing their views before the board (for example, through public or written submissions). As advocates for

excellence in education, trustees may also act on constituent complaints or requests and help to find a resolution.

In addition, Catholic school trustees have a clearly defined role as stewards and guardians of Catholic education.

The trustee’s role as an education advocate often extends beyond the boundaries of the district school board. Trustees

are education advocates across the province and with the provincial government. They may often take on a

facilitator role—liaising among the provincial government, the school system, and individuals in the community.

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Trustees as Policy Makers

Policy may be defined as “a high-level overall plan embracing the general goals and acceptable proceduresof a body—especially a governmental body.” (Webster’s New Collegiate Dictionary, 9th edition.)

Policy is intended to reflect the board’s goals and philosophy and provide standards to guide the school system.

It provides overall direction for the system, a framework for the development of implementation plans, and

administrative procedures and criteria to ensure accountability. Policy informs the public, the administration,

and other staff of the board’s intent. All policies should promote the board’s vision statement.

Policy development is a key way in which trustees can affect the direction of education. This work is complex

and requires a broad perspective, with the recognition that policies must be applied to the whole board. In order

to make effective policy, the needs and priorities of the whole community must first be assessed. This involves con-

sultation with interested parties—including school councils, employee groups, and others—at all stages of the

development process.

Creating good policy can be a long and difficult process, but the benefits justify the effort. With clear policy for

reference, decisions are simplified and problems are more easily solved. There is greater stability and continuity

for the school system at times of key staff turnover or when new trustees join the board. The ongoing monitoring

and regular evaluation of policy ensures that it continues to fulfil its purpose.

As elected representatives, trustees are called upon to develop public policy in an open and accountable way. The

procedures for developing policy can depend on the size of the board. Boards may choose to begin policy development

at the committee level, in a standing committee or a special-purpose ad hoc committee. Or boards may simply choose

to use the committee of the whole board for this purpose. Generally, administrative staff are assigned to the committee

to help members with the information and material they need. As in other decision-making processes, board members

rely on the director of education and senior staff for expertise and advice that will help them reach informed decisions.

It is important to consider a particular policy’s effect on different groups and, where possible, to involve the major

partners from the beginning. Partners (such as school councils) who have been properly consulted are more likely

to understand and support a board’s decision. Public consultation on policy development is one important way

that trustees serve their communities and ensure accountability to their constituents.

Policy decisions are not always unanimous. Trustees must use their broad range of backgrounds and viewpoints to

determine a good policy that is fair and considers the interests of all students within the jurisdiction of the board.

Trustees who disagree with a majority decision may enter a minority report, and they may inform their constituents

of their opposition. However, once the vote has been decided, the new policy becomes the property of the whole board.

Trustees as Financial Guardians

Through provincial legislation, the board’s former authority to raise local revenues through property taxes has

been suspended. However, that does not remove all of their financial responsibilities. The board of trustees sets

the budget within the financial parameters set by the Ministry of Education.

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Boards have authority to pass bylaws to collect education development charges on new real estate developments

under certain circumstances. Any revenues from education development charges must be applied to new school

sites. Bylaws for education development charges are subject to the legislative framework laid out in Part IX,

Division E of the Education Act and Ontario Regulation 20/98.

It is the responsibility of trustees to develop a balanced budget, within the funding provided by the ministry, that

reflects the board’s vision and the communities’ needs. While board administrators oversee day-to-day spending,

the board must ensure that the money is spent according to the approved budget. The provincial government has

also developed a financial report card for all school boards to complete each year. The purpose of this report card

is to show parents and taxpayers, in a consistent way, how school boards’ budgets are spent.

Since school boards are reliant on the Province for funding, their flexibility in adding or adapting local programming

is limited to the dollars available. It is the responsibility of board members to help their constituents understand

the parameters within which the budget is developed.

Boards may establish their own budget process. These practices may vary, depending on the size and the dynamics

of the board. For example, the whole board may sit as a budget committee, or a group of trustees may form a budget

committee. Often board administrators and some community members participate on the budget committee. In some

boards, trustees set the limits within which they want the budget developed and then ask administrators to prepare

a plan.

Boards must adopt budgets during open meetings. As well, boards should hold public consultations to actively

seek the viewpoints of interested parties, including school councils. At public sessions, it is often parents,

students, taxpayers, businesses, and board staff who offer their opinions.

The fiscal year for school boards is September 1 to August 31, to coincide with the school operational year. Boards

hold public consultation on budgets, usually in March. However, budgets cannot be finalized until the government

announces grant levels.

It is important to note that some district school boards in Northern Ontario encompass areas of the province

without municipal organization. In these circumstances, the district school board is responsible for the property

tax administration of those areas.

School Boards as Employers

A school board’s mandate to operate the school system includes hiring and evaluating the performance of the

director of education. It also involves approving the hiring, transfer, promotion, and termination of other staff.

As well, trustees in some boards are actively engaged in the hiring process of superintendents, principals, and

vice-principals (for example, by participating in interviews). In all these situations, the school board is the employer.

For information on directors of education and superintendents, and their working relationship with theboard of trustees, see Chapter 1, An Overview of Ontario’s Publicly-Funded Education System.

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There should be a clearly defined relationship among the board of trustees, the director of education, and

administrative staff. The board of trustees depends on senior staff for information and educational expertise; the

administration looks to the board for vision, direction and community input. In general, trustees are responsible

for setting the overall direction of the board while professional staff are responsible for providing advice on, and

implementing, board policies. A clear line of communication—where trustees, board administrators and schools

understand their respective roles—can be especially important for handling parental and other community concerns.

It is important that school boards evaluate the director’s performance in a regular appraisal based on mutually

accepted goals. Other responsibilities related to the role of the employer include health and safety, employment

equity policies, and collective bargaining (described in Chapter 10, Collective Bargaining).

Code of Conduct for Trustees

The increasingly political environment surrounding educational issues, and the different governance structures

of school boards in comparison to provincial or federal legislatures, has resulted in the development of codes of

conduct for trustees in many school boards. While not legally binding, a code of conduct is intended to give the

school board an official policy to guide the conduct of its members.

Codes of conduct are not intended to prevent individual trustees from expressing their opinions on issues under

consideration by the board, nor are they intended to prevent the public from evaluating a board’s decision-making

procedures. Trustees are encouraged to participate fully in all debates. Like any school board policy, codes of con-

duct are developed with consultation and input from all board members. They are intended to provide a common

understanding for conducting the school board’s business with appropriate authority and integrity.

Professional Development Opportunities

Trustees are responsible for staying informed about developments in education. As well, trustees have a respon-

sibility to learn about the school system and the many issues that face publicly-funded education. Because edu-

cation is constantly evolving, it is important that trustees be aware of changes that could affect their role. They

may acquire this information by talking to qualified people, by reading education publications and periodicals, and

through the information services, websites and professional development activities of their provincial associations.

Many boards have developed policies that provide for ongoing trustee professional development. Trustees are

strongly encouraged to participate in these and other professional development activities that allow them to grow,

become more effective in their roles, and be well-informed decision-makers. In light of the reductions in dollars

available to the administration of boards, many boards will be reviewing these policies. Nonetheless, opportunities

for trustee development are always available through provincial school board associations. (For informationabout these associations, see Appendices A to D.)

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Key Actions of Effective School Boards and Trustees

Publicly-elected school board trustees provide leadership in the following areas:

Establishing Vision

Promoting quality in public education

Working with the local community’s vision of public education

Working through the political system to advocate for education across the province and with the province

Supporting Student Assessment

Ensuring that the local results of province-wide tests are used to update school and board improvement plans

Ensuring student assessment results are explained to the community

Promoting Accountability

Measuring the performance of students and the performance of the board’s administration against the

board’s objectives and against provincial standards

Holding directors accountable for improvement of student achievement

Representing communities and the public interest when developing and strengthening public policy

on education

Determining Structure

Clearly defining, in consultation with the director, the separate duties of the administration and the

board of trustees

Determining the mission and agenda of each board committee and ensuring that these fit with the overall

goals of the board

Allocating Resources

Ensuring that programs and services are delivered equitably and efficiently, and that they meet

curriculum standards

Using data on student achievement to set priorities for allocating resources

Balancing the budget

Establishing Climate

Supporting the philosophy that all children can learn to their full potential

Empowering staff to meet the needs of all students

Modelling behaviour that emphasizes trust, teamwork and shared accountability in board meetings and

with the school and administrative staff

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Creating Collaborative Relationships

Harnessing strength from the board’s diversity, and integrating special needs and interests into the goals

of the system

Building collaborative relationships and partnerships with political and business leaders, labour organizations,

education partners, parent and community groups, and other agencies

Promoting Improvement

Putting the needs of students first when advocating for improved student achievement

Committing to continuous education and training on issues related to achievement

Adjusting the board’s strategic plan using board data and community input

Maintaining Communications

Maintaining excellent communication with the community, parents and staff

Educating the public about current issues in education

Involving the community in the annual budget review

Encouraging community involvement and commitment to improve achievement for all students

Providing a link among the community, the school board, and the broader educational system.

An effective school board:

Knows why it exists and what difference it hopes to make in the community;

Functions as a team;

Serves as a role model for the education system and the community;

Makes informed decisions;

Strives for excellent communications with its partners and constituents;

Has a clear sense of its role and the role of senior management;

Understands the distinction between policy development and implementation, and sets the parameters

for accountability;

Is accountable for its performance;

Holds the director of education accountable for effectively implementing the policies of the board;

Monitors the effectiveness of policies and implementation plans;

Ensures that local provincial and federal politicians understand local issues and needs and that they promote

education as a high priority.

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Chapter 4

NATIVE REPRESENTATION

In the 2002/03 school year, 7,629 First Nations students (students who normally live in First Nations communities)

attended elementary and secondary schools in Ontario’s publicly-funded school system and 14,873 students attend

schools in their own communities. In both cases, the financial responsibility for the education of First Nations

students falls under the jurisdiction of Indian and Northern Affairs Canada (INAC).

First Nations students who attend schools operated by a district school board do so under a tuition agreement. The

agreement—negotiated between the school board and either the First Nations band council, the band’s education

authority, or INAC—contains the details of how the board will provide education to the First Nations students.

Fifty-eight public and Catholic school boards in Ontario have tuition agreements with First Nations communities.

As outlined in Ontario Regulation 462/97, Native Representation on Boards, Native representation on a school

board is determined first by the existence of one or more tuition agreements and secondly, by the number of

First Nations students attending the board’s schools.

Background

In the early 1950s, as a result of mounting criticism of the residential school system, the federal government

changed its policy on First Nations education from one that segregated students and actively discouraged Native

cultures to one that promoted the integration of students into provincial schools and mainstream culture. The shift

in policy increased the role of the provincial government and reduced the role of the federal government and the

churches in the education of First Nations students. It also marked the beginning of the tuition agreement process,

with tuition agreements at that time being negotiated by the federal government, represented by INAC, and the

school boards.

In 1972, the National Indian Brotherhood (now the Assembly of First Nations) responded critically to government

policy and action on education in the paper Indian Control of Indian Education (ICIE). This paper clearly called for

local control of education by First Nations communities and parents. It stated that, while financial responsibility

for Native education would remain with the federal government, decisions about curriculum, language of instruc-

tion, cultural education, teachers, counsellors, and teacher training and research would be made by First Nations

communities and parents.

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The ICIE paper became the basis of the federal government’s policy on Indian education in 1972. But, in practice,

First Nations communities and parents experienced slow progress in gaining real influence over their children’s

education. First Nations were not included in the negotiation of tuition agreements until 1990, and even then

had little or no input. It was not until 1994 that the First Nations education authorities could participate in

negotiating bilateral agreements with the school boards. As of 1994, the federal government removed itself as a

participant in the negotiations. However, it remains responsible for funding the cost of education for students

living in First Nations communities.

Education Authorities

Their presence as equal partners in the negotiation of tuition agreements gave First Nations greater control over

the education of their school-aged children. In 1988, Indian band councils in Ontario began to establish local

education authorities (which sometimes identify themselves as boards of education) to administer education for

their school-aged children.

In addition to negotiating the tuition agreement, the education authority has a wide range of responsibilities

within its jurisdiction. Some of these are:

staffing (hiring teachers, administrators and support staff)

managing budgets

determining the curriculum

evaluating educational programs

setting up and administering cultural programs, early childhood education, and adult education

setting up and administering counselling services

hiring Native language teachers

distributing financial assistance for post-secondary education

operating and maintaining the school buildings.

Tuition Agreements

Section 188 of the Education Act permits school boards to enter into agreements with a band council, an education

authority or INAC. In the 2002/03 school year, 3,052 students at the elementary level and 4,577 students at the

secondary level were attending schools under tuition agreements.

The tuition agreement is, essentially, purchase of service contract stating that the school board will provide, for

a fee, accommodation, instruction and special services to First Nations students. Tuition agreements can vary,

depending on the type of services and programs that the First Nation community and the board agree should be

provided. Once the tuition agreement is in place, the board is committed to providing the programs and the

services in the agreement.

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Beyond the contractual obligations, however, the board has a general obligation to provide:

educational services on par with the general provincial standards;

an educational environment and teaching staff that are sensitive to Native cultures;

Native cultural-specific programs and instruction;

consistent and timely reporting to the First Nation education authority;

First Nation community involvement in schools attended by First Nation students.

The federal Report of the Royal Commission on Aboriginal Peoples (Volume 3, page 474), recommends that “provincialministries require school boards serving Aboriginal students to implement a comprehensive Aboriginal educationstrategy, developed with Aboriginal parents, elders and educators.” The report recommends that boards:

provide a curriculum for all subject areas that includes the perspectives, traditions, beliefs and world view

of Aboriginal peoples*;

provide teaching staff who are responsive to the needs of the First Nation students (and seek teachers who

are of First Nations ancestry, especially for secondary schools);

involve First Nation Elders in school programs (for example, by inviting Elders to speak at the school and

including Elders in the teaching of First Nation and non-First Nation students);

hire First Nation support staff for administrative and leadership positions, and hire a First Nation education

counsellor or liaison officer;

provide mechanisms for family and community involvement;

provide mechanisms for accountability to parents and the First Nation community;

include education programs that combat stereotypes, racism and prejudice.*

* The Ontario Curriculum integrates Native education, anti-discrimination and violence prevention, where

relevant, in the expectations for every course.

School boards can play a significant role in developing education programs suited to their First Nations students

at both the elementary and secondary levels, and in promoting Aboriginal culture with all students.

It is important to note that there has been a significant decline in recent years in the percentage of First Nations

students who are educated in district school boards—from 60 percent in 1990 to only 40 percent today. Of the

81 band-operated schools in Ontario, 31 offer secondary education. With the increase in band-operated schools,

there has been a proportionate decrease in the number of federally administered schools. There are currently six

federally administered schools for Grades 1 to 8 in Ontario. One school is on the Tyendinega Reserve, near Belleville;

the other five schools are on the Six Nations Reserve, near Brantford.

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The Role of Native Representatives

Section 188 (5) of the Education Act allows for a regulation to provide Native representation on school boards.

Regulation 462/97, Native Representation on Boards, list the conditions for appointing Native trustees, provided

a tuition agreement is in place with the board. These are:

Where the number of First Nation students enrolled in the schools of the board is fewer than the lesser of

10% of the average daily enrollment and 100, the board has the discretion of appointing a Native trustee

to the board;

Where the number of First Nation students enrolled in the schools of the board is more than 100, the

First Nation(s) may name one person and the board shall appoint that person to be a member of the board;

Where the number of First Nation students exceeds 25% of the average daily enrollment of the board, the

First Nation(s) may name two persons and the board shall appoint those persons to be members of the board.

A person appointed to the board to represent the interests of the First Nation students shall be deemed to be an

elected member of the board.

The role of all trustees is to help create the vision and set the strategic direction that will guide the board and

its schools. As the representative of the First Nation students, the Native trustee is in a unique position to

ensure that the Native culture is part of that vision and that the strategic direction of the board includes the

interests of the First Nation community(ies).

The Native trustee is responsible for:

monitoring the negotiation of the tuition agreement;

ensuring that the actions of the board reflect the tuition agreement;

ensuring that both parties of the agreement are fulfilling their obligations;

ensuring that mechanisms are in place for effective accountability to the First Nations community;

ensuring that racism and harassment are not part of the Native student’s experience at school.

The Native trustee is also in a position to encourage the involvement of the parents and the First Nation community

in the Native students’ education. One of the recommendations of the Report of the Royal Commission of Aboriginal

Peoples (Volume 3, page 472) is that “all schools serving Aboriginal children adopt policies that welcome theinvolvement of Aboriginal parents, elders and families in the life of the school—for example, by establishingadvisory or parents committees, introducing teaching by elders in the classroom, and involving parents inschool activities.”

Tuition agreements also provide for Native representation on the school board’s Special Education Advisory

Committee. As well, school boards are establishing Native Advisory Committees to provide a forum for discussing

Native education issues (see “Models for Native Representation” below). In these committees, the Native trustee

is usually the co-chair, and membership includes a representative from each of the First Nations communities that

has students in the board’s schools.

E d u c a t i n g T o g e t h e r

Native Representation

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Models for Native Representation

The former Education Improvement Commission (EIC) made a number of observations when reviewing Native rep-

resentation on school boards. In the EIC’s Best of Effective Practices, published in April 2000, the Commission

identified four boards which had adopted practices that resulted in effective Native representation:

District School Board Ontario North East established a Native Education Advisory Committee to provide

additional representation from the First Nation communities in its jurisdiction.

Algoma District School Board adopted an interview process for selecting prospective trustees that is now

being used in other regions in the province.

Grand Erie District School Board established an advisory committee that gives Native student representatives

the opportunity to meet monthly with a trustee and a principal or vice-principal to discuss solutions to

issues in their schools.

Rainbow District School Board has shown strong initiatives to include First Nations input and has established

a Native Advisory Committee with a membership composed of First Nations people from the area. The

Kenjgewin Teg Educational Institute, which provides educational programming for First Nations students

on Manitoulin Island, has contracted with the board to provide Aboriginal culture sensitivity training and

language classes. First Nation representatives sit on all committees.

Legislative Issues

The legislation on Native trustee representation points out that where the tuition agreement deals with only

elementary education, the Native trustee can only talk and vote on elementary school matters. Likewise, where

the tuition agreement covers secondary education, the Native trustee can only talk and vote on secondary school

matters. Some Native trustees have challenged this restriction and the boards have agreed.

Native political organizations have expressed concern about the current rules for appointing Native trustees. The

Ministry of Education intends to have a revised regulation in place prior to the next municipal election.

Suggestions for Further Reading

For more information on Native representation, visit the Indian and Northern Affairs Canada website atwww.inac.gc.ca, or read the following:

Education Improvement Commission, Best of Effective Practices, Progress Review of Ontario’s New District School Boards, April 2000.

Canada, Report of the Royal Commission on Aboriginal Peoples, Volumes 1-5, 1996.

Ontario Public School Boards’ Association, School Boards/First Nations, Tuition Agreements Resource

Manual, 1993/94.

Ontario Regulation 462/97, Native Representation on BoardsEducation Act, Section 188.

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Chapter 4

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E d u c a t i n g T o g e t h e r

Native Representation

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Chapter 5

Governance Models

Structure influences behaviour. It is important for school boards to operate within a structure that allows for effective

and creative action and decision-making. In Schools for the 21st Century: Leadership Imperatives for Educational

Reform (1990), Phillip C. Schlechty commented on school system structures and made the following observation:

“The way that leaders conceptualize the purpose of their enterprise will, in the long run, shape the waytheir organizations are envisioned and structured. Out of these visions, structures emerge (rules, rolesand relationships), meanings evolve, and values are realized and made manifest.”

Accountability for results is a fundamental theme in education. Schlechty suggested that board members, super-

intendents, principals, teachers and students are all accountable for good results. This, in part, has to do with

establishing conditions for designing and sustaining a leadership system that will take the system toward excellence.

In other words, board members must work with the leaders they employ to develop a shared vision of the school,

and commit themselves to developing policies and supporting programs that will advance that vision.

Background

In 1841, locally-elected school boards became the basis for educational governance in Canada, preceding not only

municipal governments, but the Province of Ontario itself. School boards are governed by school trustees—people

elected locally to represent the interests of public education.

Historically, local school boards were responsible for determining the educational facilities, services and other resources

that would be made available to the community’s schools and students. School boards were responsible for raising

the money to pay for these resources through local taxes. In 1998, the responsibility for raising educational

revenue shifted from the local school board to the provincial government. This has, in turn, decreased the autonomy

of boards to determine how their local system is administered. However, school boards retain important powers to

oversee board operations and to ensure that the education system remains accountable to the people of Ontario.

Officially, a school trustee’s role is to represent their constituency when acting as a member of the board of

trustees. A school trustee has no individual authority. Authority belongs to the board as a corporate body. The

confusion comes when individual trustees interpret ‘representing their community’ in different ways. A trustee

must represent the community as an elected representative and, at the same time, act as a member of a board

making policy decisions, employing staff, and overseeing curriculum and program delivery. Balancing the repre-

sentational role with the corporate role is a complicated task. (See Chapter 3, The Role of Trustees.)

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What is Governance?

School board governance “...translates the will of the people, through the efforts of elected representatives,into statutes, policies, and regulations designed to guide, direct and support teaching and learning.” (1988 Sullivan Report on the Royal Commission on Education, A Legacy for Learners, Victoria, British Columbia, p. 186).

School board governance is “the process and structure used to direct and manage the business and affairsof the school board.... The process and structure define the division of power and establish mechanismsfor achieving accountability.” (Toronto Stock Exchange’s Special Report on Corporate Governance (1994)).

School boards are the embodiment of local governance in action. Ultimately, governance is the exercise of authority,

direction, and control. A governance structure defines the roles, relationships and behavioural parameters for the

board and its staff. The true test of any governance structure is its effectiveness in promoting and sustaining the

board’s achievement standards, in accomplishing goals designed to bring positive results to communities, and in

demonstrating accountability.

More and more, there are significant pressures to achieve greater results with fewer resources. School boards face

the scrutiny of an increasingly prescriptive government, and an increasingly demanding public. At the same time,

they must also address complex issues relating to the provision of educational services for students with widely

divergent needs. Increased risk of litigation from both students and parents adds to the complexity of school

board decision-making.

In order to cope with the volume of business, school boards are examining their function and their roles in relation-

ship to the public they serve and in relationship to the senior employees of the board who are responsible for the

day-to-day operation of the school board. Practices that may have worked in previous years must give way to new

approaches as the size and complexity of board operations increases. Now more than ever, effective governance

(characterized by the structures and processes of decision-making and accountability within the system) has become

critically important.

The law plays a significant role in defining governance structures and processes for school boards. School boards are

‘creatures of statute’ and their powers and accountability frameworks are often prescribed by provincial legislation.

Effective school board governance ensures a system that knows what it should be doing, when, and how, and

therefore will significantly reduce the risks of errors or omissions in the conduct of business, thus reducing its

legal liabilities significantly.

Models of Governance

Governance literature contains many different ‘models’. Finding the right model for each particular school board

and adapting it to local circumstances requires a thorough examination of the pros and cons of potential models.

Boards may wish to consider the following models:

the Canadian Institute of Chartered Accountant’s (CICA) model (see Guidance for Directors—Governance Process

for Control, by the Canadian Institute of Chartered Accountants. Toronto, 1996)

E d u c a t i n g T o g e t h e r

Governance Models

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the Carver model (see Basic Principles of Policy Governance, by John Carver. Jossey Bass Publishers, San Francisco, 1996)

the Canadian Comprehensive Auditing Foundation (CCAF) model (see Information—The Currency of Good Governance

and Governance Information—Strategies for Success, by the Canadian Comprehensive Auditing Foundation. Ottawa)

the Cultural Trustees’ Handbook model (see A Handbook for Cultural Trustees, by Marion Paquet, Rory Ralston and

Donna Cardinal. University of Waterloo Press, 1989)

the School Board Effectiveness model (see School Board Effectiveness Manual, by Steve Barham. Eduserve, Vancouver, 1991)

While each of these models has strengths that could benefit school boards, each also has limitations that detract

from its ability to be the ‘complete solution’ for school boards looking to adopt a governance model as a frame-

work for improvement. A sampling of strengths and weaknesses of these models, from a school board’s perspective,

appears in Table 5-1 at the end of this chapter.

Establishing a System of Governance

Newly-elected trustees will find that the school board most likely has a system of governance already in place.

Effective trustees learn the parameters of the governance structure and their role within it. Each new board

should offer its members the opportunity to comment on the governance structure so that the board members feels

some ownership of the process.

In The Road Ahead II: A Report on the Role of School Boards and Trustees (1997), the former Education

Improvement Commission (EIC) proposed a process for school board governance. It may best be described as a

process for a board to follow to arrive at its own model of policy governance.

The EIC recommended that each district school board should:

1. Create a vision in consultation with its staff and community.

2. Appoint a director of education who shares the vision and has the skills to work with the board to realize

the vision.

3. Establish policies critical to achieving the vision.

4. Establish a budget consistent with the priorities set out in the vision and policies.

5. Develop an organizational model for senior staff and assign responsibilities, so that the vision and policies

are implemented throughout the system.

6. Establish procedures for monitoring the implementation of its policies, and tie this procedure to the

performance appraisal of the director of education.

7. Communicate its performance to the community and the ministry.

8. Reassess its vision (returning to step 1 and following the process again).

Source: The Road Ahead II, A Report on the Role of School Boards and Trustees (1997), p. 11.

Ultimately each school board must decide on its own model for effective governance, based on the needs and

resources of the system and the community it serves.

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Chapter 5

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Table 5-1

Source: Effective School Board Governance, a paper presented by Maureen Reid at the Canadian Association for the Practical Study of

Law in Education (CAPSLE) Conference, Charlottetown, PEI, April/May 2000.

E d u c a t i n g T o g e t h e r

Governance Models

44

Model Strengths Weaknesses

Canadian Institute of CharteredAccountants

Good set of assumptions Emphasis on ethics Clear distinction between board and management Lots in common with other types of boardsUse of committee structure to do the board’s work Sample discussion questions are helpful

No discussion of information needs of board members Complex language No emphasis on external accountability No involvement of partners No explicit discussion of the strategic planning process

Carver Well-defined principles Clear role definition Enabling model

Unnecessarily complicated RigidLittle discussion of boards’ information needs

Canadian Comprehensive Auditing Foundation

Heavy emphasis on information requirements for effective governance Highlights the need to be realistic about the information capacity of the system

Light on ‘how to’ implement the suggested principles How much information is enough, too much or too little? General discussion only What decisions are properly ‘board’ decisions? Minimal discussion

Cultural TrusteesHandbook

Order of tackling policy development is helpful Language used is more inclusive, less ‘control’ oriented The notion of setting a rate of progress or ‘benchmarks’ is instructive

Some of the assumptions of the model do not apply to school boards

School BoardEffectiveness

Worthwhile book to read High level discussion covering general principles Could use specific implementation tipsC

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Chapter 6

LEGAL RESPONSIBILITIES AND LIABILITIES

Note: This handbook can provide only a basic introduction to the legal issues that affect trustees andschool boards. The following information is not conveyed as legal advice and should not be acted uponwithout first consulting legal counsel.

It is not surprising that school boards — employing many people and supplying a service as fundamentally

important as education — are subject to a wide range of legal obligations and responsibilities, arising from both

legislation and common law (court rulings).

Ontario’s Education Act is the major statute governing elementary and secondary education in the province.

Particular sections of the Act are referred to in squared brackets throughout this handbook.

Other Acts that significantly affect school board operations include:

Child and Family Services Act

Labour Relations Act

Employment Standards Act

Human Rights Code

Municipal Act 2001

Municipal Conflict of Interest Act

Municipal Elections Act, 1996

Municipal Freedom of Information and Protection of Privacy Act

Occupational Health and Safety Act

Pay Equity Act

Planning Act

Public Inquiries Act, Part II

Immunization of School Pupils Act

Ontario College of Teachers Act

Education Quality and Accountability Office Act

Ontarians with Disabilities Act

Youth Criminal Justice Act (Canada)

Immigration Act (Canada)

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Statutory Duties of School Boards

The Education Act is both prescriptive and permissive in describing the duties of school boards.

Prescriptive Duties Section 170 outlines the things that all school boards in Ontario must do. Failure by a board to perform any one of those

duties may result in that board’s liability to third parties who are in some way damaged by the board’s act or omission.

Permissive Duties Sections 171 to 197 outline various powers that school boards may exercise. Failure by a board to exercise any of

these powers will not create any liability. However, once a board undertakes any such power, it has a duty to

exercise reasonable care and skill in the performance of that power, and failure to do so could result in the board’s

liability to third parties to whom the duty of care extends for any damages sustained.

Exceeding the Board’s Jurisdiction A school board may face liability if it inadvertently or intentionally acts beyond the scope of its legal authority.

For example, a ratepayers’ group may appeal to the court to quash a decision of a school board on the grounds

that the board lacked proper jurisdiction.

School Board Policies and Liability

To reduce the risk of liability, school boards should establish and communicate clear policies, especially in certain

critical areas. These critical areas include: field trips; medicine administered to pupils by school staff; school dances;

student transportation provided by the board or school; use and possession of drugs and alcohol; school violence;

trespass to property; human rights; child abuse; expulsion; and suspension.

Board policies should be clearly reinforced by operational procedures and standards at the board level and in

each school.

Standard of Care for Students

A school board and its employees or volunteers are expected to provide the same standard of care for students

as would a reasonably careful or prudent parent in the circumstances. This is referred to as The Reasonably

Prudent Parent Doctrine. The duty of care is to protect the student from all reasonably foreseeable risks of harm.

The precise degree of care required in any given case will vary with the particular facts, which may include:

the number of students being supervised at any given time;

the nature of the exercise or activity in progress;

the age of students, and the degrees of skill and training the students may have received in connection

with such activities;

the competency and capacity of the students involved;

the nature and condition of the equipment in use at the time.

E d u c a t i n g T o g e t h e r

Legal Responsibilities And Liabilities

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Negligence

Generally, if a student is injured, the school board will be found liable for that injury if the court determines

that the following conditions apply:

there was a duty of care owed by the school authorities to provide adequate supervision and protection

of its students;

the school authorities breached that duty of care by failing to supervise or protect or were otherwise

negligent (intentional or unintentional);

the student suffered actual damage or loss;

the breach of that duty of care was the cause of the student’s injury.

Vicarious Liability It is important to note that a school board may be considered vicariously liable for all acts of negligence performed

by its employees and volunteers acting within the scope of their employment or authority. In the case of a prin-

cipal or teacher, liability flows to the corporate board.

Principals and Teachers In addition to the common law standard of care of the careful or prudent parent, principals and teachers also

have statutory duties under the Education Act [ss.264 and 265 and Regulation 298]. Violation of a statute is only

evidence of negligence and doesn’t necessarily prove negligence. The statutory duties of principals and teachers

created by the Education Act must be analyzed to determine whether they create a standard of reasonable conduct.

Personal Liability of Trustees

Generally, with the exception of subsections 198(4), 253(6), 257.45(2) and 257.45(3) of the Education Act,trustees will not be found personally liable for their inadvertent acts and omissions as trustees, as long as trustees

act within the bounds of their authority.

Trustees have been held personally liable where their actions either were considered to be in willful disregard of

the provisions of the governing legislation or were not performed honestly, conscientiously or in good faith.

Subsection 198(4) of the Education Act says that a trustee of a board is personally liable if a school board (of

which he or she is a member) refuses or neglects to take proper insurance on the treasurer or other persons to

whom it entrusts board money if any of the money is lost because the board did not obtain insurance. A trustee

is not liable if he/she can prove that he/she made reasonable efforts to obtain such insurance. The lost monies

may be recovered by the school board, or by any ratepayer assessed for the support of the schools under the

jurisdiction of the board suing personally and on behalf of all other such ratepayers.

FinanceOne of the most significant responsibilities that trustees have in education is to set the board’s budget each year.

While the Ministry provides the grants used to support their local education system, trustees must work with the

dollars provided and within the statutory requirements to develop a budget that best suits the programs and services

472 0 0 3

Chapter 6

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offered in their communities. In order to set policies and approve the final budget, all trustees must understand

Part IX of the Education Act, which sets out complex rules on the funding of education, and the borrowing and

investment activities of school boards.

The Education Act requires that boards set only balanced budgets [ 231.(2) ] and the penalties for failing to do

so can be severe and are laid out in Division D of Part IX of the Education Act. Division D permits the Minister of

Education to appoint an investigator (auditor) to investigate the financial affairs of a school board under certain

circumstances. Those circumstances include:

Financial statements indicate that the board operated on a deficit;

Failure to pay any debentures;

Defaulting on debts or other financial liabilities;

The Minister has “concern” about the board’s ability to meet its financial obligation.

Ultimately, Division D permits the Minister to issue orders, directions and decisions relating to the affairs of the

board, and even to assume complete control over all the board’s affairs.

Compliance with Board Obligations Under subsection 257.45(2), any trustee, officer or employee who knowingly fails to comply with any order,

direction or decision of the Minister of Education relating to the administration of the affairs of the board—or

who votes contrary to an order, direction or decision—is guilty of an offence and subject to prosecution under

the Provincial Offences Act.

In addition, subsection 257.45(3) provides that a trustee is personally liable if all of the following conditions apply:

the board is subject to an order under subsection 257.31(2) or (3) (Division D);

the board uses any of its funds contrary to the Minister’s orders;

the trustee voted for that use of funds.

A trustee who voted to use funds in a way that contravenes an order shares liability for the amount used, and

those funds may be recovered in a court action. The trustee is also disqualified for five years from holding any

office for which elections are held under the Municipal Elections Act, 1996 or the Education Act.

The Education Act also contains provisions for the use of ministerially-ordered investigations beyond financial

matters [Part VIII, Compliance with Board Obligations]. The Minister of Education has the authority to direct an

investigation into general school board operations, including program and curriculum matters, co-instructional

activities, class size, minimum teaching time, trustee compensation, and spending [230].

Under this section, an investigation into the affairs of a school board may be started in one of two ways:

by the Minister of Education if she or he has concerns, or

by a school council or tax supporter of the board through filing a complaint with the Minister, in

accordance with regulatory procedures.

E d u c a t i n g T o g e t h e r

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Such an investigation could result in either the Minister issuing a direction to the board to address the non-

compliance (or the likelihood of non-compliance), or in the ministry taking control of the board’s affairs.

Where the Minister has issued a direction, and he/she is of the opinion that the board has failed to comply with

a direction, the Lieutenant Governor in Council can grant a vesting order giving the Minister control over the

administration of all board affairs. The Minister would maintain control until the board is in compliance.

Additionally, any trustee who knowingly fails to comply with a ministerial order, direction or decision under this

section (or votes contrary to a direction of the Minister) is guilty of an offence and on conviction is liable to a

fine of not more than $5,000 [230.12(2)]. As mentioned previously, any trustee who votes to use funds in a way

that contravenes an order shares liability for the amount used, and may face court action for recovery of the

funds. The trustee is also disqualified for five years from holding any office for which elections are held under

the Municipal Elections Act, 1996 or the Education Act.

Confidentiality and Privacy

Municipal Freedom of Information and Protection of Privacy Act School boards are subject to the Municipal Freedom of Information and Protection of Privacy Act (MFIPPA).

This Act provides that every person has a right of access to recorded information in the custody, or under the

control, of a school board unless the information falls within one of the limited and specific exemptions listed

in the Act.

In addition, the Act protects the privacy of individuals with respect to “personal information” (as defined in the

MFIPPA) that is held by school boards, and provides those individuals with a right of access to their information.

The MFIPPA governs the collection, use and disclosure of personal information by boards. By necessity, school

boards have large volumes of personal information pertaining to both employees and students. All school board

officials and employees, including trustees, should familiarize themselves with the basic provisions of the MFIPPA

to prevent inadvertent violation of the statute. Generally, any person who willfully contravenes the Act, as set

out in section 48, is guilty of an offence and is liable to a fine not exceeding $5,000.

Every school board may designate, in writing, an individual trustee or a committee of trustees to act as a ‘head’

of the school board for the purposes of the MFIPPA. In the absence of a written designate, the school board is the

‘head’. The head usually then delegates its powers or duties under the Act to officers of the school board who

carry out the day-to-day management of the matters covered by the MFIPPA.

Confidentiality of Student Records The Education Act requires the principal of a school to establish and maintain an Ontario Student Record (OSR) for

each student enrolled in the school. The contents of that record are specified in a Ministry of Education guideline.

In addition to the protection of confidentiality of the OSR offered by the MFIPPA, section 266 of the Education Actmakes it clear that the OSR information is privileged for the information and use of supervisory officers, principals

and teachers of the school for the improvement of instruction of the student, and should not be disclosed to anyone

else, including a court of law, except in certain limited circumstances.

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As of September 2003, each student of a board will also be assigned an Ontario Education Number (OEN) which

will be used as the key identifier on the OSR. The OEN will follow the student throughout his/her elementary and

secondary education. It will make it easier to keep reliable records on the movement and progress of individual

students while also protecting their privacy. The OEN will be used:

on student records (the OSR and other related forms);

on applications for enrolment into specific programs, schools or institutions;

on provincial assessments, tests and evaluations of the student’s achievement.

The data gathered through the use of OEN’s will allow the Ministry to evaluate the implementation of new initiatives,

to identify areas which require improvement, and to analyse trends and identify future needs.

The information gathered about students through the OEN will comply with the provincial Freedom ofInformation and Protection of Privacy Act.

Youth Criminal Justice ActIn April 2003, the Youth Criminal Justice Act (YCJA) came into force, replacing the former Young Offenders Act.The YCJA applies to young persons between the ages of 12 and 17, inclusive.

The YJCA makes it clear that no person shall publish by any means the name of any young person or child, or any

information which could identify such person as the offender, victim or witness concerning an offence committed,

or alleged to have been committed, by a young person. This includes any report concerning the hearing, adjudi-

cation, disposition or appeal with respect to such offence.

The Act provides an exception to the non-disclosure of the identity of the young offender where the young person

has received an adult sentence. The Act also allows for disclosure where a Youth Court judge has ordered such

disclosure, or where the provincial director, a youth worker, a peace officer or any other person engaged in the

provision of services to a young person determines that it is necessary to disclose the identity of the young

offender to a representative of a school board or school to ensure the safety of staff, students or other persons,

to facilitate rehabilitation of the young person, or to ensure compliance with a court order.

The representative of the school board or school who receives this information may subsequently only disclose

that information to other persons as is necessary to ensure the safety of staff, students or other persons.

Any person to whom this information has been disclosed must do the following:

Keep the information separate from any other record of the young person to whom the information is

related (including the OSR);

Ensure that no other person has access to the information;

Destroy the information when the information is no longer required for the purpose for which it

was disclosed.

This means that school board officials must be very careful not to identify any young person or child connected

with an offence to anyone—including students, parents of other students, the community or the press—except

as specifically authorized by the YCJA or a court.

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Safe Schools

Today, the standard of care required of school systems for the protection of students is higher than ever. In recent

years, the government has passed two significant pieces of legislation on student safety: the Safe Schools Act(2000) which outlined parameters for behaviour within schools; and the Student Protection Act (2002) which

was based on recommendations on student protection from a report authored by Justice Sydney Robins. Both of

these bills make amendments to the Education Act and have been phased into school board operations over the

past several years.

Behaviour and DisciplineThe Education Act lays out very specific obligations for school boards with respect to the behaviour, discipline

and safety of students. The Act clearly identifies circumstances that automatically result in a student’s suspension

or expulsion, as well as who may make decisions regarding a student’s suspension and/or expulsion. These

provisions include:

a provincial Code of Conduct governing the behaviour of all persons in schools as Ministry policy

requirements for daily opening and closing exercises, which include singing O Canada

restrictions on access to school premises, which are now spelled out in Regulation 474/00.

Additionally, all school boards must have policies and procedures dealing with behaviour, discipline and school

safety, which will outline how each school board operates within the legislative and regulatory parameters set

by the Province.

Conducting a Suspension/Expulsion Appeal Hearing The Education Act states [302(6)] that a board shall establish polices and guidelines governing a review or appeal

of a decision to suspend a pupil and governing, with respect to expulsions, a principal’s inquiry, an expulsion

hearing and an appeal of a decision to expel a pupil, and that the policies and guidelines must address such matters

and include such requirements as the Minister may specify.

The following persons may appeal a suspension of more than one day or an expulsion of a pupil:

the pupil, if the pupil is an adult;

the pupil’s parent or guardian, if the pupil is a minor;

anyone else specified by the board policy.

Appeals of suspensions [308(4)] and principal’s expulsions [311(1)] are conducted by the board in accordance

with the board’s developed procedures:

The board has the powers and duties set out in its policies.

The board may delegate its powers and duties to a committee of the board and may impose conditions

and restrictions on the committee.

The board/committee should obtain legal advice about the conduct of the hearing in addition to what is

in the board policy.

The board shall also hear and determine an appeal from a decision of the principal to expel a pupil.

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Trustees who sit on the board or the committee of the board to hear suspension or expulsion appeals must

remember that they are sitting in a quasi-judicial capacity. Members of the committee or board should seek legal

advice before the hearing to ensure that they conduct the hearing properly, follow all rules of procedural fairness,

and meet their legal obligations to protect both board employees and students.

Child Abuse and Duty to Report Every person who performs professional or official duties with respect to a child should be familiar with the duty to

report a child who is or who may be in need of protection, as required under the Child and Family Services Act.For the purposes of this Act, a child is defined as “a person actually or apparently under the age of 16.”

The Student Protection Act, which came into force on September 3, 2002, is intended to help protect students

from sexual abuse and other forms of professional misconduct by teachers. It introduces a new, broader definition

of sexual abuse and imposes certain reporting and information-sharing requirements on all employers of certified

teachers. It also requires school boards to remove from contact with students any teacher (including temporary

teachers) if they become aware that the teacher has been charged with, or convicted of, an offence under the

Criminal Code (Canada) which, in the board’s opinion, indicates that pupils may be at risk of harm or injury.

Student ProtectionProvincial legislation provides the Ontario College of Teachers, the professional body that regulates the teaching

profession and governs its members, with the added authority it needs to take strong action against those who

would harm our children.

Students are protected in Ontario schools through the following initiatives:

All employers must report to the Ontario College of Teachers a certified teacher charged with a sexual

offence against a student. School boards as well as public schools, private schools, tutoring companies

and other organizations are required to do this if they employ teachers certified by the Ontario College

of Teachers to instruct students;

Sexual abuse is defined in a comprehensive way to include sexual harassment and inappropriate sexual

remarks towards a student;

Any teacher in a publicly-funded school is removed from the classroom if he or she is charged with sexual

assault against a student;

Improved information-sharing makes it much more difficult for a teacher who has been disciplined for

sexual abuse to quit and move from one board or school to another undetected; and,

Employers of certified teachers will face fines, upon conviction, of up to $25,000 for breaking the reporting rules.

Criminal Reference Background ChecksRegulation 521/01, Collection of Personal Information, came into force on January 1, 2002. The regulation

provides school boards with another tool to promote student education in a safe environment. It requires that

school boards collect a police record from all employees and from service providers who have direct and regular

contact with students.

In November 2002, Ontario’s four school board associations, along with the Council of Directors of Education (CODE)

formed the Ontario Education Services Corporation (OESC) as a non-profit corporation. One of OESC’s key services

is to provide police record check services in both official languages to all school boards in Ontario.

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Recognizing Diversity

As public service providers and as employers, school boards are subject to the requirements covered by Ontario’s

Human Rights Code. Under the Code and previous court decisions, boards must provide harassment-free work and

learning environments. Further, they can be subject to legal sanctions if they do not deal appropriately with

instances of harassment and discrimination.

Each school board is required to have an anti-racism and ethnocultural equity policy. The policy must outline

the board’s focus in the following areas: curriculum; leadership; board policies; guidelines and practices; student

languages; student evaluation; assessment and placement; guidance and counselling; racial and ethnocultural

harassment; staff development; school-community partnerships; and employment practices.

School Councils

The Education Act requires each school board to establish a school council for each school operated by the

board [170(1)17.1].

School councils are advisory bodies whose purpose is to improve student achievement and enhance the account-

ability of the education system to parents. This purpose is clearly laid out in Ontario Regulation 612/00. This

Regulation also describes the composition of school councils and the process for election of members, the role

and responsibilities of the school council, and operational matters relating to the school council. In addition,

the Ministry of Education publishes a Guide for Members of School Councils, which can be obtained on its

website: http://www.edu.gov.on.ca/eng/general/elemsec/council/

The role and responsibilities of the principal, as a member of and as a support to the school council, are described in

Ontario Regulation 298. For more information, see Chapter 11: Working with School Councils and Communities.

Conflict of Interest

The main purpose of the Municipal Conflict of Interest Act is to protect the public interest by ensuring that

public officials do not personally benefit from their positions of trust. The Act applies to all members of local

councils, committees and boards, including school boards, either elected or appointed. The Act also applies to

members of advisory committees and other committees established under the Education Act.

Pecuniary Interest Conflict-of-interest legislation is concerned only with pecuniary, or financial, interests. The Municipal Conflictof Interest Act refers to three kinds of pecuniary interest: direct, indirect, and deemed. For example:

A trustee would have a direct interest if the board was considering buying property that the trustee owns.

A trustee would have an indirect interest if the trustee is a senior officer of a company bidding for a

board contract.

A trustee would have a deemed interest if the trustee’s spouse, child or parent owns a company that is

bidding for a board contract.

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Declaring a Conflict A member who identifies a direct, indirect or deemed conflict of interest in a matter before the board must

declare it before any discussion of the matter begins. Specifically, the member must follow these steps:

Publicly declare the conflict of interest, state the general nature of the interest and have the declaration

recorded in the minutes.

Do not vote on the matter.

Do not take part in the discussion of the matter or attempt to influence the vote.

When a committee of the board, including a committee of the whole board, is in closed session, leave the

room for as long as the matter is under consideration, and have this fact recorded in the minutes.

If a member is absent from a meeting during which that member would have been placed in a conflict of interest,

at the next meeting attended by the member, the member must disclose the interest and otherwise refrain from

discussing, influencing, or voting on the matter.

If there are any doubts about a possible conflict of interest, trustees should seek legal advice.

Contravention of the Provisions Under existing legislation, only an elector entitled to vote at the board elections can allege conflict of interest by a

member or a former member. The elector must apply to a judge within six weeks of learning of the alleged contra-

vention. The application to the judge must be made within six years after the conflict is alleged to have occurred.

Where a judge finds that a member has contravened his or her disclosure obligations under the Municipal Conflictof Interest Act, the judge must declare the member’s seat vacant. The judge also has the discretion to disqualify

the member from office for up to seven years, and to require the member to make restitution if the contravention

has resulted in personal financial gain. If the contravention occurred inadvertently or because of a bona fide error

in judgment, the legislation allows that the member will not be disqualified from the board or have his or her seat

declared vacant. However, the member may still be required to make restitution.

A member who considers an interest to be ‘remote or insignificant’ need not declare it. If a trustee is challenged

at a meeting to declare a conflict of interest, the challenge carries no weight unless it is followed up with an

application to a judge, alleging contravention. The board cannot force a member to declare a conflict or leave the

room. If a trustee is in doubt, however, he or she should consider declaring a conflict.

If a member who voted or participated in a board proceeding failed to disclose an interest, the school board may

void the proceeding unless this would hurt an innocent third party.

School boards may obtain insurance to protect trustees who are absolved of charges brought against them under

the Municipal Conflict of Interest Act. This insurance might cover costs or expenses incurred in successfully

defending against a proceeding under the Act.

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MEETING PROCEDURES

The major business of the board of trustees is to make policy decisions at open, public meetings. The Education Actsets out a structural framework for conducting these meetings. Within this framework, boards have some flexibility

to create their own policies and procedures that ensure orderly, productive meetings. Although specific practices

may vary, most school boards follow accepted rules of parliamentary procedure for their public decision-making

processes. For practices adopted by a particular board, refer to the board’s rules of procedure.

Inaugural Meetings

The new term of office begins on the first day of December following the election. The board must have its first

meeting within one week of that date. The meeting is held when and where the board decides or at the head office

on the first Wednesday after the start of the term of office [208(2)].

One of the first jobs of a new board is to review the financial situation of the board. The treasurer is required to

report at the first meeting on the status of any money borrowed from board reserves [241(5)].

Subsequent Meetings

The board decides the dates and location of future meetings [208(6)], how meetings will be called, and how they

will be structured. It also ensures that minutes are recorded [170 (1) 4].

Most boards adopt a regular meeting schedule. The chair (or the secretary of the board, if a majority of the board

makes a written request) may also call special meetings. Special meetings are usually called to deal with emergency

situations or specific topics [208(13)].

Attending Board Meetings

Trustees are expected to attend all regular meetings of the board, either physically or through electronic means.

Trustees are also expected to attend all meetings of any committee of which they are a member. (See Chapter 3,The Role of Trustees.)

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Quorum

For a meeting to have formal status, a quorum must be present. For most business, a quorum consists of a simple

majority of those members of the board who are entitled to vote on an issue [208(11)]. Declaration of conflict of

interest does not destroy a quorum as long there are at least two remaining members who are not disabled from

participating in the meeting. In the presumably rare case where there is only one eligible member remaining, the

board can apply to a court judge for an order authorizing the whole board to consider, discuss and vote on the

matter as if none of the members had a conflict of interest.

Secretary-Treasurer

The Education Act requires each board to appoint a secretary and a treasurer or a secretary-treasurer. This person

is often the director of education. If the board has no more than five members, the secretary may be a board

member [170(1)]. If the secretary is absent, the chair of the meeting may appoint a member or anyone else as

temporary secretary to record the minutes [208(10)].

The secretary keeps minutes, forwards reports requested by the ministry, and notifies all members of board meetings.

The secretary also calls any special meetings requested by a majority of board members [198(1)]. Correspondence

addressed to the secretary must be shared with the board, including correspondence sent to a director in his or

her capacity as secretary.

Agenda The agenda outlines the order of business for the meeting. Unless there is a change in the regular date or other

arrangements, the agenda often serves as notification of the meeting as well. Trustees can check their board’s rules

of procedure for information about the agenda format used by the board.

Minutes The adopted minutes are the official record of the board meeting. They include:

when and where the meeting took place,

who was present,

motions brought before the board and the result of the vote on each motion.

Individual “ayes” and “nays” are not indicated unless a recorded vote has been requested. When a vote is taken

following debate in private session, only the resolution as voted on in the public session appears in the minutes.

The secretary of the board is responsible for keeping a full and accurate record of the proceedings of every meeting

of the board in the minute book and for ensuring that the minutes, when confirmed, are signed by the chair or

presiding member.

The minutes are a public document and anyone may inspect the minute book, the audited annual financial report,

and the current accounts of the board at the head office of the board [207(4)]. Under the Education Act, the

Minister of Education may have access at all times to all records of a board, including the minute book and all

records relating to the financial transactions of the board [257.44]. Any reports or background information con-

sidered by the board at the meeting should be recorded with the minutes.

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Some boards find it helpful and good public relations to produce a summary of board decisions soon after the

meeting to distribute to trustees, board staff, parents, the media and the public.

Chair and Vice-Chair

Term Although a school board is elected for a three-year term, the chair’s position is filled for only one year at a time.

The Education Act makes various references to the process of electing a chair and vice-chair, but few references

to their role. The Act instructs trustees to elect a chair from among themselves to preside at all meetings [208(5)].

This election occurs at the first meeting in December each year. Trustees may also elect a vice-chair to act in the

chair’s absence [208(7)] and, in the absence of both, a temporary chair for that meeting only [208(9)]. Many

boards also elect the chair and vice-chair for any standing or other committees at the same time. A tie vote for

the position of either chair or vice-chair requires that board members draw lots [208(8)].

The Act does not indicate the number of years or terms that the same person may continue as chair. Individual

boards may have rules of procedure or a policy or bylaw regarding the number of years or terms that a chair or

vice-chair may serve.

AttendanceThe chair or chair’s designate must be physically present in the meeting room for every meeting of the board or

committee of the whole board. He or she cannot attend meetings by electronic means.

Responsibilities The chair may call special meetings of the board [208(13)] and, as the presiding officer, may have people removed

from meetings for ‘improper conduct’ [207(3)]. This includes members of the public who may otherwise attend

all meetings of the board except those sessions held in private. The legislation does not specify what constitutes

‘improper conduct’.

In reality, the position of chair of the board carries far greater influence and responsibility than the legislation

indicates. The chair frequently acts as the major spokesperson for the board and must deal with the community

and the media, as well as with other trustees and the board administration.

Although the chair assumes a leadership role, he or she must obey the board’s directions and may not act uni-

laterally. In most boards, the chair sets the agenda for meetings in consultation with the chief executive officer,

with input from other trustees and senior administrative staff. The chair works closely with the administration

to ensure that the board’s wishes are understood, and works with the board to present and clarify any concerns

of the administration.

Voting Rights Unless the presiding officer at the meeting happens to be the chief executive officer of the board (or another

staff delegate), the chair may vote with other trustees on all motions [208(12)]. In the absence of the regular

board secretary, the chair may also appoint a temporary secretary [208(10)].

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Qualifications To run productive meetings, a chair should:

have a basic knowledge of parliamentary procedure

ensure that all relevant information has been provided

allow open debate

provide opportunities for and encourage all members to speak

manage conflict

ensure that issues are separated from individuals

lead the board as a team

help the board reach its decisions.

At the same time, the chair is one vote among many and must not place personal views ahead of those of the

corporate board.

Rules of Order School board meetings are run according to parliamentary procedure. Bourinot’s Rules of Order, used in the Canadian

Parliament, or Robert’s Rules of Order, which originated in the United States, are generally accepted as the standard

rules of procedure. Many French-language boards use Code Morin. These rules of procedure are designed to allow

trustees to introduce motions and proceed with debate, dissent and decision-making in an orderly way.

Knowledge of some basic procedural guidelines and terminology results in more efficient and productive meet-

ings. Some boards conduct orientation sessions for new trustees that include the basic rules of parliamentary

law. Others may have a staff member who can answer procedural questions.

On all matters dealing with the decision-making process, boards will have their own rules of order. The following

guidelines apply in the most common situations:

1. A board’s primary means of taking action is through motions, which are moved, seconded, debated and

put to the vote. The chair or members may ask the mover to write down the motion before it is acted

upon. The chair may help the mover with wording for clarity.

2. Each motion should deal with only one matter or idea. The chair or a member may ask that a motion be

rephrased or rewritten if it deals with two or more matters.

3. Debate must be limited to the issue at hand. Speakers who stray from the issue or attempt to introduce

new matters should be ruled out of order.

4. Each speaker should be allowed to speak once on a subject under debate. The chair may refuse to allow a

trustee to speak again until everyone has had a chance to speak.

5. A member may rise to a point of order at any time. After the point has been stated, the chair issues a

ruling. A member may appeal. Members should refer to the rules of order.

6. Any two members may appeal or challenge the chair’s decision. The issue is then decided by a majority

of those present.

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7. While a motion is on the floor, no new motions may be made.

8. Motions may be amended. Votes on amendments must be taken before the main motion is voted on as

amended. The amendment cannot change the intention of the original motion. No more than one amend-

ment to a motion may be permitted at one time. There can be amendments to the amendment.

9. Before motions are voted upon, the motion (as amended) should be read.

10. The chair should indicate before each vote whether a simple or two-thirds majority is needed and whether

the issue calls for a simple voice declaration, roll call or paper ballot vote.

11. A trustee may require the recording of affirmative and negative votes on a question. A trustee may also

request that his or her vote be recorded.

12. The chair may not refer a main motion to a committee or postpone voting on it unless proper subsidiary

motions are made and voted upon.

13. If the chair wishes to make, second or debate a motion, he or she must yield the chair to the vice-chair

or another trustee until after the vote has been taken.

14. Before a vote on a main motion is taken, business may be interrupted by a motion to lay it on the table,

to postpone the vote, to refer the motion to a committee, to withdraw it from consideration or to

adjourn the meeting.

15. Debate may be closed formally with a subsidiary motion (to close or limit debate or to move the previous

question) and a two-thirds affirmative vote. In cases where the chair believes that discussion has ended,

a vote on the main motion may be taken without a formal motion to close debate unless a member objects.

16. After motions have been passed or rejected, no further discussion on the same issues should be allowed at

that same meeting, other than through a motion to reconsider. Members should refer to the rules of order.

Public Meetings

Public accountability is a cornerstone of Ontario’s education system. The Education Act states that all meetings

of the board shall be open to the public [207(1)]. Meetings of a committee, including a committee of the whole

board, shall be open to the public unless the members are dealing with certain topics (listed below). In these

cases, members may choose to hold the meeting behind closed doors [207(2)].

Every board must decide, in accordance with ministry policies and guidelines, whether to permit members of the

public to participate electronically in meetings of the board or committees.

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In Camera Meetings

From time to time the agenda includes items that are more appropriately discussed in private. The EducationAct provides that a meeting of a committee of the board, including a committee of the whole board, may be

closed to the public and the media when the matter for discussion involves any of the following [207(2)]:

the security of the property of the board;

the disclosure of intimate, personal or financial information about a member of the board or committee,

an employee or prospective employee of the board, or a pupil or his/her parent or guardian;

the acquisition or disposal of a school site;

negotiations with employees of the board;

litigation affecting the board.

Strictly speaking, a board itself cannot conduct a meeting in camera; the board must first go into committee of

the whole board and the committee of the whole may then conduct its meeting in private session.

Most boards have policies related to in camera meetings. Generally, only board members, administrative staff

such as the board secretary, or anyone else directly involved with the issue may be present. Members of the

public, student representatives, the media and others must leave the boardroom during an in camera meeting.

Discussions held at in camera meetings are confidential. These discussions are not recorded in the minutes and

are not to be repeated by anyone outside the meeting. Further, material distributed during in camera meetings

is also confidential and must not be shared outside of the meeting.

Trustees must be aware of the confidentiality that applies to in camera sessions. As a member of the board, a

trustee’s role is to respect the board’s decision-making processes. It is important to point out that each resolution

passed in an in camera meeting must still be adopted formally in public session.

Board Committees

The Education Act permits boards to establish committees of board members to deal with the broad areas of

“education, finance, personnel and property” [171(1)]. Boards may also establish other committees and subcom-

mittees that include non-trustees [171(1)]. Those committees with persons who are not trustees cannot deal

with the areas of education, finance, personnel or property. There are three kinds of committees:

Standing or permanent committees generally deal with ongoing or recurring matters such as those specified

in the legislation and are an integral part of the board structure. Although a standing committee is composed

of trustees -- and only trustee members can vote -- a staff person is also assigned as a resource person to

provide expertise, fulfill administrative requirements and provide necessary information.

Ad hoc committees, like task forces or work groups, investigate a specific issue and report within a stated

time frame.

Advisory committees, established on either a short- or long-term basis, provide input into policy development

or other areas where the board would benefit from the experience and expertise of other participants. Non-

trustee members might include teachers, students, parents and members of the community or local businesses.

Many boards now turn to advisory committees as part of their regular consultation process.

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Most boards have a structure for their committees that contributes to efficient and effective operations. Committees

can ensure that the board has the necessary information to make decisions. They can do fact-finding, involve

members of the community, and hear delegations from the public without using up limited board time.

Committee meetings generally follow the same parliamentary procedures adopted by the board, and follow the terms

of reference set by the board. The chair of the committee and the director of education or their designates must

be physically present in the meeting room of the committee for every meeting. Committees are required to have

minutes. They report and make recommendations to the board. Only the board itself, however, has the legal

authority to make decisions binding on the school system.

Serving on committees has several advantages for board members. Committee work allows new trustees to become

familiar with the conduct of board business at a less formal level or to learn more about a specific topic. Trustees

have opportunities to provide input in areas in which they have special interest or expertise.

Committee of the Whole Board

With the majority vote, the board can decide to go into committee of the whole board, generally called committee

of the whole. This allows the board to suspend the rules of procedure to have a less formal debate or discussion. For

example, people may speak more than once. Some boards have a committee of the whole board to deal with matters

that are not the responsibility of other committees, or to deal with representatives of other levels of government.

Student Representatives at Meetings

Student representatives cannot vote at meetings of the board or meetings of committees of the board [55(3)]. A

student representative on a board is not a member of the board and is not entitled to be present at a meeting

that is closed to the public [55(5)].

Except for these two restrictions, student representatives have at least the same opportunity for participating at

meetings of the board and meetings of committees of the board as a board member has.

They have the same right as board members to request the board to provide them with electronic means for par-

ticipating in one or more meetings of the board or a committee of the board. A board must ensure that student

representatives participating through electronic means do not participate in any proceedings that are closed to

the public under the Education Act [Reg.463/97]. (For more information on Student Representatives, seeChapter 2, Becoming a School Board Trustee.)

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Chapter 8

EDUCATION FUNDING

A board’s budget must be developed based on the educational needs of its students, within the funding allocation

provided by the Ministry of Education. The budget should complement the overall mission statement of the board

and reflect the goals and priorities of the board and its schools. Financial planning—together with program,

facilities and strategic planning—helps the board to manage its total resources.

The fiscal year for school boards is September 1 to August 31. A financial plan or budget is developed and approved

each year by the board. Budget development is a consultative process that allows staff, school councils, employee

groups, and others in the community to provide advice about priorities and potential budget choices.

Funding Sources

Prior to 1998, school boards determined their annual budgets based on revenues received through provincial grants

and by levying local property taxes. School boards could decide whether or not to increase local property taxes

and, if so, by how much. Municipalities collected the taxes on behalf of school boards. In 1998, the government

assumed full control of the property tax revenue portion while introducing a new funding formula called student-

focused funding, which determines the revenue for a board based on a series of formulae within the various grants.

Property taxes continue to support the education system. Under the present system, the government sets a uniform

rate, based on a current-value assessment system, for the education portion of property taxes for all residential

properties in the province. It sets a rate that varies by municipality for the education portion of business property

taxes. Municipalities collect the education portion of property taxes for the school boards in their communities

on behalf of the Province. The Ministry of Education, using the student-focused funding formula, determines each

board’s overall allocation. Property tax revenues form part of the allocation, and the Province provides additional

funding up to the level set by the funding formula.

Education Development Charges A school board with an elementary enrolment that exceeds the capacity of its elementary schools, or with a second-

ary enrolment that exceeds the capacity of its secondary schools, may pass bylaws to collect education development

charges on new real estate developments within the board’s jurisdiction. The revenue is to be used solely to pay

for new school sites. The legislative framework for this appears under Part IX, Division E of the Education Actand Ontario Regulation 20/98.

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Student-Focused Funding

Student-focused funding was designed to distribute funds equitably among all school boards across the province.

The purpose of student-focused funding is to:

provide fair and equitable funding for all students, wherever they live in Ontario;

provide more funding for students and teachers in the classroom, and less funding for administration and

other non-classroom costs;

provide funding to maintain schools and build new schools where they are needed;

protect funding for students with special needs;

increase the accountability of school boards by requiring them to report consistently on how they spend

their allocations;

translate the provincial standards and vision into financial resources for school boards.

School boards have some flexibility when determining how they use their funding to meet local priorities, but

must adhere to certain limitations set out by the government.

Funding for education in the classroom must be used in the classroom. The funding cannot be used,

for example, to meet administration costs.

Funding for special education must be used only for special education.

Funding for new schools or additions and for major repairs to schools must be used only for those purposes.

Boards must not spend more on administration and governance than what student-focused funding provides.

The funding allocation is determined by a Foundation Grant, ten special purpose grants, and a PupilAccommodation Grant. These grants are intended to provide a total amount of revenue based on the specific

needs of the board and its students.

Foundation Grant The Foundation Grant supports the components of a classroom education that are required by and generally common

to all students. It makes up over half of the total allocation to school boards. It provides funding, on a per pupil

basis, to cover the basic costs of educating a student. The Foundation Grant covers costs related to the following:

classroom teachers (including supply teachers and professional development);

teaching assistants;

textbooks and learning materials;

classroom supplies;

classroom computers;

library and guidance services;

professional and paraprofessional supports;

preparation time;

classroom consultants;

in-school administration (includes principals, vice-principals, department heads, and school secretaries.)

The Foundation Grant also includes a Local Priorities Amount, to provide boards with flexibility to meet local needs.

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Special Purpose Grants Special purpose grants recognize that the cost of education varies significantly depending upon the needs of the

students and where the students live. There are ten special purpose grants:

special education,

language,

geographic circumstance,

learning opportunities,

continuing education and other programs,

teacher qualifications and experience,

early learning,

transportation,

school board administration and governance, and

declining enrolment.

Pupil Accommodation Grant The Pupil Accommodation Grant has four main components to help school boards meet the costs of operating,

maintaining and renovating schools and providing new classroom accommodation where required.

School Operations Allocation provides funding for the heating, lighting, cleaning, and other routine

maintenance of schools.

School Renewal Allocation provides funding for the renovation and repair of schools.

New Pupil Places Allocation provides funding for new schools or additions where school boards have used

all existing school buildings effectively and cannot accommodate growth in student enrolment without

new buildings or additions. The annual New Pupil Places Allocation reflects the cost to construct new school

facilities amortized over a 25 year period.

All school boards receive funding for school operations and renewal. Only boards with enrolment that exceeds

the current capacity of their schools, or boards that are eligible for funding to recognize local accommodation

pressures, receive funding for new pupil places. Each of these grants is calculated on the basis of enrolment,

benchmark area requirements, and benchmark costs.

The Pupil Accommodation Grant also provides funding for Prior Capital Commitments to meet the ongoing costs

of capital projects that were approved before student-focused funding was in place.

The Education Equality Task Force

The government announced the formation of the Education Equality Task Force in its speech from the Throne

in May 2002. The mandate of the Task Force, chaired by Dr. Mordechai Rozanski, was to review the province’s

education funding formula and to make recommendations on ways to improve equity, fairness, certainty, and

stability in the funding of Ontario’s students and schools.

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The Task Force was requested to review the following six aspects of the funding formula:

The effectiveness of the model for distributing funding between different types of boards (for example,

between urban and rural boards, between small and large boards);

The structure of cost benchmarks (for example, does per pupil funding reflect appropriate per pupil costs?);

The degree of local expenditure flexibility school boards should have;

Approaches to addressing school renewal (for example, maintenance, repairs and renovations);

Whether the current approach to funding special education is the most responsive way to meet students needs;

The approach to funding student transportation, including ways to maximize opportunities for shared

busing services between school boards that serve the same communities.

After months of public consultation, the Task Force released its final report in December 2002. The report made

33 recommendations to the government. The total estimated cost of the Task Force’s costed recommendations at

that time was $1,769 million (not including the cost of teacher salaries/benefits being negotiated in the 2002/03

school year, recommendations which were not costed, and ongoing annual benchmark review and updating).

Highlights of the Task Force’s findings are summarized below:

The EETF supported the student-focused funding model as an effective model for distribution of funds

to different types of boards. However, the EETF recommended that the funding formula be amended as

appropriate to recognize the higher cost of French-language education.

The EETF’s first recommendation advised the government to update the benchmark costs for all aspects of

the funding model to reflect costs through August 2003. The report further recommended that a process be

developed for annual updates to the benchmarks, in addition to regular reviews of the funding model itself.

The EETF recommended a Local Priorities Amount be constituted as a permanent component of the

Foundation Grant at 5% of the Basic Amount.

The EETF recommended a process by which the Ministry can address the ongoing and growing needs

associated with school renewal, including new pupil places.

The EETF did not recommend changing the current approach to special education funding. It did recommend

financial and technical adjustments to the model itself.

The EETF recommended the development of a new Transportation Grant based on need.

The province responded quickly to the release of the EETF report, and immediately began implementing some of the

recommendations. Beginning in December 2002, significant re-investments to education were announced, including:

additional funding to the special education allocation;

funding to support collective agreements in the 2002/03 school year;

additional funding to the transportation allocation, with a commitment for a new transportation

allocation model;

additional funding to support classroom supplies (including textbooks, computers and other

learning materials);

additional funding to support school maintenance;

additional funding to support small and isolated schools;

multi-year base funding commitments were also announced for the next three school years:

• 2003/04 — $15.3 billion • 2004/05 — $15.8 billion • 2005/06 — $16.2 billion.

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The EETF task force also recommended that the Province review the issues identified by the French-language district

school boards, and amend the funding formula accordingly to ensure that each of the grants in the formula recog-

nizes the higher costs experienced by French-language school boards in delivering education programs and services.

The province continues to work with education partners to further the implementation of the recommendations

of the Education Equality Task Force.

A copy of the EETF Task Force report is available on the Ministry of Education website at: www.edu.gov.ca.

Budget Development

The process of budget development is one of the most crucial tasks that a school board undertakes. The process

that a board engages in to develop its budget demonstrates its effectiveness as a democratic institution. Budget

development is a public process and boards must be able to demonstrate to their communities that they have

made the best decisions possible for the students in their schools. While developing a balanced budget, boards

must demonstrate that they have allocated the available funds effectively throughout the system. This requires

answering difficult questions, such as:

what programs/services to maintain, what programs/services to enhance, and where available funds should

be redirected to other programs/services;

what transportation policies and service levels to set;

where to locate new schools;

whether to close schools and, if so, which ones;

how to align the catchment areas for schools (that is, to set school boundaries).

The Education Act and its regulations set out some parameters that all boards must adhere to in setting their

budget. Most significant is the requirement for school boards to adopt balanced budgets [231]. The government

sets legislative/regulatory expectations in several other areas as well, including:

average class size (affects staffing numbers and hence the budget);

secondary school teaching assignments (also affects staffing numbers);

trustee remuneration;

classroom spending (restrictions against spending it elsewhere);

board administration and governance (restrictions against spending more than the allocation);

special education (restrictions against spending it elsewhere);

pupil accommodation (restrictions against spending it elsewhere).

The Education Act also gives boards the authority, and limitations, for investing and borrowing money [241

through 249]. School boards are expected to actively manage their cash flow, prudently invest any excess funds,

and enter into competitive arrangements for short-term and long-term financing.

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Accountability for Pupil Accommodation

The province’s 72 district school boards own and manage a real estate portfolio comprised of over 5,000 school

facilities, representing over 240 million square feet of space.

School boards are responsible for providing safe and adequate school facilities to support the educational needs

of their students while making the best use of the facilities at the lowest cost. The ministry is responsible for

providing the funding and flexibility to allow school boards to meet their responsibilities. School boards must

demonstrate that funding is being used efficiently and effectively and that physical assets are well-maintained.

To ensure this, the ministry has implemented an accountability framework for pupil accommodation, which

includes the following components:

an electronic school facilities inventory system to compile key data about each school;

a long-term plan, to be completed by boards at least once every five years, identifying issues that boards

expect to face regarding pupil accommodation, and strategies for dealing with those issues;

an annual reporting cycle for school operations and renewal which records planned and actual expenditures

for operating, repairing and renovating schools, and which provides information on building conditions

and service satisfaction;

a report for each new school construction project which provides key information about the project design,

schedule, construction costs and financing.

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Chapter 9

CURRICULUM, TESTING AND SPECIAL PROGRAMS

Like the society it serves, the school system is constantly evolving. Many of the current transitions occurring in

the education system are a result of the provincial government’s reforms in the areas of curriculum, student assess-

ment, and learning environment. This chapter highlights policies and recent initiatives that affect the delivery

of programs and services by school boards.

Curriculum Reform

For the first time in many years, there are no new curriculum reforms under implementation in Ontario’s schools.

The phase-in of the standard province-wide curriculum for elementary and secondary education began in 1997 and

was officially completed in the 2002/2003 school year. The 2003/2004 school year will see the beginning of a

cycle of evaluation. Curriculum development, implementation and evaluation have been a team effort, involving

the Ministry of Education and writing teams of teachers from many boards. The process involved wide-ranging

consultation with educational and community partners.

Curriculum policy documents exist for all elementary grades and secondary course disciplines based on provincial

expectations, addressing the distinct characteristics of each system (public, Catholic, French). Teachers plan their

programs based on the expectations outlined in the curriculum policy documents. School boards provide teachers

with a range of resources to help them deliver the curriculum in the classroom. The electronic Curriculum Unit

Planner, developed by the Ministry of Education, is also available to help teachers with their curriculum planning.

In December 2002, the Minister announced a “Students-at-Risk” ad hoc committee to address concerns regarding

student performance gaps in the early secondary years. These gaps had been identified through an annual curricu-

lum implementation review, through EQAO test results of grade 9 mathematics, and through test results of the

Ontario Secondary School Literacy Test. The “Students-at-Risk” committee made many recommendations to the

Minister including policy changes to address the course requirements of students, the Ontario Secondary School

Literacy Test requirements and program support for students to assist them in being successful. Policy changes

will be effective for the 2003/04 school year.

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Elementary Programs

The Ontario Curriculum, Grades 1 to 8, outlines the knowledge and skills that students must develop in Grades 1

to 8, as well as the level of achievement at which they are expected to perform. Curriculum policy documents from

the Ministry of Education describe the overall and specific learning expectations for students in Grades 1 to 8 in

the following areas:

English/Language,

French (First Language),

French as a Second Language,

Mathematics,

Science and Technology,

Social Studies / History and Geography,

Health and Physical Education,

The Arts,

Native Languages.

A separate policy document for the Kindergarten program outlines the expectations for Kindergarten students in

all subject areas.

In addition, the Catholic systems have their own policy documents on Religious Education. (See Religion inCatholic Schools, later in this chapter.)

Early Childhood Education and Junior Kindergarten The Education Act requires that children must be enrolled in a school program as of six years of age. The Act also

requires boards to offer Kindergarten programs for five-year-olds, and the majority of parents—approximately 95

percent—send their children to these programs. Many boards also offer Junior Kindergarten classes for 4-year-olds.

Where Junior Kindergarten is offered, approximately 75 per cent of eligible children attend.

French-language school boards offer full-day Senior Kindergarten programs and Junior Kindergarten programs.

Recently there has been considerable focus on the benefits of early childhood education and, in particular, early

intervention to address health and social conditions that can inhibit learning. Under student-focused funding,

boards receive a grant to be used either for half-day Junior Kindergarten programs or for enriched early childhood

education programs ranging up to Grade 3.

Early Reading and Early Math StrategiesIn June 2001, the government announced the Early Reading Strategy, which focuses on improving reading skills

of students from Junior Kindergarten to Grade 3. The first year of the Early Reading Strategy established targets

in reading as a feature of school improvement planning. Since that time, the government has announced an Early

Math Strategy and has expanded the Early Reading Strategy to include Grades 4 to 6.

The emphasis in the second year of the combined initiative is on reinforcing the instructional skills and knowledge

of teachers in reading and math. In 2002, two Expert Panels were established, composed of recognized educators

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in the field of math and/or reading development in the early grades. The panels reported on the core knowledge

and skills that teachers need to teach effectively, assessment techniques to collect information and provide feedback

about student skill levels, and model practices of instruction in the classroom. The panel reports were released

early in 2003.

Both the Early Reading Strategy and the Early Math Strategy involve a combination of accountability for student

learning and supports for implementing effective local early reading and math strategies.

AccountabilityEvery board and school is required to set three-year improvement targets for student achievement in reading and

math, and report annually to parents and the Ministry of Education on its success in meeting those targets. Target

setting for Grade 3 reading improvement was introduced in 2001-2002. School boards and schools will be setting

targets for Grade 6 reading and Grades 3 and 6 math for the first time in the winter of 2004. Schools and boards

are expected to involve school councils in developing board and school improvement plans and in communicating

the plans to the public.

SupportsExpert Panel Reports in Early Reading and Early Math, published early in 2003. The reports contain advice on

effective instructional strategies and assessment techniques for the classroom.

Resources for Teachers, based on the Panel’s advice, include:

Technical guides featuring effective instructional practices in reading and math, and assessment strategies.

Learning modules for teachers in user-friendly electronic formats that will showcase actual examples of

reading and writing, and math instruction.

Intensive Training Program for K-3 Teachers and Principals focused on:

effective reading and writing or math instruction in the classroom; and,

how to use EQAO data and other school data (e.g., report cards), to set reading improvement targets.

Resources for Parents, including an easy-to-use guide for parents on how to help their child learn math.

Learning Resources in Reading and Math for students, providing print-based and hands-on materials to help students

gain basic knowledge and skills in reading and math.

Student Assessment and Report Cards Standards of achievement are defined for each subject at four levels for four categories of learning:

knowledge/understanding, thinking/inquiry, communication and application.

The work of elementary students is assessed regularly by their teachers, and a report is sent home to parents

three times per year. Schools use a standardized provincial report card. (Catholic schools have a provincial report

card that reflects their distinctiveness as a faith-based system of education.) Teachers indicate on the report

card the level at which the student is working in each subject. A letter grade is assigned to younger students

and a numerical mark is assigned for those in higher grades.

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The Exemplars Project is designed to promote greater consistency in the assessment of student work across the

province by providing samples of student work that show the characteristics of each of the four levels of achieve-

ment. Exemplar documents also provide teachers with student performance tasks, marking guides and criteria for

assessment. Currently under development are elementary exemplars in the Arts (Music, Drama and Dance, Visual Arts)

and Health and Physical Education. Videos are being created to support Drama and Dance, Music and Physical

Education. Elementary Exemplar documents that have been published include:

Writing (1999),

Reading (2000),

Mathematics (Interim Edition 2001),

Science and Technology (2002; videotapes were developed for grades 1, 2, 5 and 8),

Social Studies, History and Geography (2002), and

Mathematics (Revised Edition 2002).

For information on the province-wide testing of students in Grades 3 and 6, see Province-wide Testing,later in this chapter.

Secondary Programs

In recent years, the following major secondary school reforms have been introduced:

the transition to a four-year secondary program, eliminating the OAC courses;

explicit graduation standards for all students, which include 30 credits of 110 hours each (18 of these are

compulsory credits);

guidance and career counseling policies and programs, including the use of Annual Education Plans and

teacher-advisers for students in Grades 7 to 12 (teacher advisors are required for grades 7 to 10 and are

optional for students in grades 11 and 12);

a new organization of courses for Grades 9 to 12, including clear course requirements for students planning

to go to college, university, or the workplace;

expanded cooperative education and work experience programs;

a mandatory 40 hours of community involvement before graduation;

successful completion of the Ontario Secondary School Literacy Test (or the Ontario Secondary School

Literacy Course) before graduation;

a standardized provincial report card;

students-at-risk initiative to assist students in meeting graduation requirements.

For Catholic secondary students, up to 4 religious education courses may be required by board policy.

Four-year Secondary Program Students who entered Grade 9 in 1999, and in subsequent years, are required to complete diploma requirements

as they are described in Ontario Secondary Schools, Program and Diploma Requirements, 1999. The first group of

students graduated from the new four year program at the end of the 2002/03 school year at the same time as

the OAC students graduated from the old program. This double graduating class has become commonly referred to

as the “double cohort”.

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New curriculum has been phased-in over four years and the old curriculum has been phased-out. By the end of

the 2003/04 school year, boards and schools will no longer be permitted to offer the old curriculum.

Students in the new program are required to complete 30 credits (18 compulsory and 12 optional) as well as success-

fully complete the Grade 10 Ontario Secondary School Literacy Test (or the Ontario Secondary School Literacy Course),

and complete 40 hours of community involvement to be awarded the Ontario Secondary School Diploma (OSSD).

Students who leave school before earning the OSSD may be granted the Ontario Secondary School Certificate, pro-

vided that they have earned a minimum of 14 of these credits: 2 credits in English, 1 credit in Canadian geography

or Canadian history; 1 credit in mathematics; 1 credit in science; 1 credit in health and physical education; 1 credit

in the arts or technological education; and 7 credits selected by the student from available courses.

Credits (Compulsory and Optional)Students must earn the following credits in order to obtain the Ontario Secondary School Diploma.

18 compulsory credits:

4 English/français (1 credit per grade)

1 French-as-a-second language/English/anglais

3 mathematics (at least 1 credit in Gr. 11 or 12)

2 science

1 of Gr. 11 or 12 science or Gr. 9 – 12 technology

1 arts

1 Canadian geography

1 Canadian history

1 health and physical education

1 of French/français (English/anglais in French-language schools), third language, social science or

Canadian and world studies

1 of physical education, music, art, drama, dance, or business/entrepreneurial studies

0.5 civics

0.5 career studies

12 optional credits selected from available courses.

In addition, students in Catholic schools may be required to complete up to 4 credits in religious education.

Annual Education Plan Each student in Grades 7 to 12 prepares an annual education plan which identifies their academic achievement

goals, their course selections for the following year, extracurricular activities, cooperative education programs

and work experience opportunities along with their post-secondary goals.

Teacher Adviser ProgramSchool principals are required to establish a Teacher Advisor Program for students in Grades 7 to 10. Schools

may, if they wish, offer the program to Grade 11 and 12 students. Teacher advisors help students plan their high

school program, complete the Annual Education Plan, monitor students’ academic progress and communicate

with parents.

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Organization of CoursesAll schools must offer a sufficient number of courses and course types so students can meet the diploma requirements.

In Grades 9 and 10, courses are available as academic, applied and open. Academic courses emphasize theory and

abstract problems. Applied programs focus on practical applications and concrete examples. Open courses prepare

students for further study in certain subjects and to generally enrich their education.

Students in Grades 11 and 12 can choose from five types of courses, four of which prepare them for post-secondary

destinations (workplace, college, university/college, and university) and a range of open courses across various

disciplines.

Transfer courses are available in Grades 10, 11 and 12. These courses offer students a means of transferring from

one type of course to another if their interests and goals change.

School-Work Transition Programs, Cooperative Education and Work Experience All school boards are required to offer school-work transition programs for students intending to enter the work-

force directly after graduating from secondary school. They must also provide cooperative education programs and

work experience to interested and qualified students regardless of their post-secondary destination, to help them

acquire the knowledge and skills and to apply the learning in practical situations.

Planned learning experiences may include a range of opportunities from job shadowing (short-term observations

of the workplace) to work experience (short-term placements of one-to-four weeks as part of an in-school credit)

to cooperative education (community placement that allows the student to earn credits through a work placement

that is monitored and evaluated by a teacher and work-site supervisor.)

Student Assessment and Report CardsStandards of achievement are defined for each discipline at four levels for four categories of learning:

knowledge/understanding, thinking/inquiry, communication and application.

The achievement of secondary students is assessed regularly by their teachers, and a report is sent home to parents

three times a year for non-semestered schools and twice per semester for semestered schools. Schools use a standard-

ized provincial report card. Teachers indicate on the report card the level at which the student is achieving for

each course by assigning percentage grades (0% - 100%).

In 2001 and 2002 the Ministry published Exemplars for Grades 9 and 10 which included 23 courses in 12 disciplines:

the Arts; Business Studies; Canadian and World Studies; English; ESL/ELD; French; Guidance and Career Education;

Health and Physical Education; Mathematics; Science; Social Sciences and Humanities; Technological Education.

In 2003, the Grade 11 exemplars were published including 14 courses in six disciplines: English, Mathematics,

Science, Canadian and World Studies, Social Sciences and Humanities, and ESL/ELD. In 2004, the Ministry plans

to publish additional Grade 11 and 12 Exemplars including 22 courses in 10 disciplines: the Arts, Business Studies,

Canadian and World Studies, French, Health and Physical Education, Mathematics, Science, Social Sciences and

Humanities, and Technology Education.

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Province-wide Testing

In 1995, the province created the Education Quality and Accountability Office (EQAO), an arms-length agency

responsible for increasing accountability and promoting improvement in Ontario’s education system. EQAO’s

mandate is:

to provide clear, accurate and objective information about student achievement and the quality of education

in Ontario; and

to make recommendations for improvement that educators, parents, policy-makers and others in the

education community can use to improve learning and teaching.

The agency releases the results of three kinds of testing:

international tests, such as the Trends International Mathematics and Science Study (TIMSS) and the

Progress in International Reading Literacy Study (PIRLS), both conducted through the International

Association for the Evaluation of Educational Achievement (IEA) with random samples of students in over

30 countries; and the Programme for International Student Assessment (PISA) conducted by the Organization

for Economic Cooperation and Development (OECD) with random samples of students in over 30 countries;

Canada-wide tests, known as the School Achievement Indicators Program (SAIP), conducted through the

Council of Ministers of Education, Canada (CMEC) using random samples of students;

province-wide tests developed, conducted and assessed through the EQAO. All students are tested.

EQAO conducts province-wide tests for students in Grades 3, 6, 9 and 10. The EQAO reports the test results in

two ways:

individual student results, and

school-wide, board-wide, and province-wide results are shared openly with the public to promote

accountability in the education system.

These test results, along with other assessment tools used locally, help the school and the board to review the

effectiveness of their programs and set priorities for the future. Boards are required to assess their test results

and to implement measures to support students who are at risk of failure. School boards are required to consult

with school councils in the development of board action plans for improvement based on the EQAO test results.

Additionally, principals are required to consult with the school council in the development of school action plans

for improvement based on the EQAO test results.

There is an accommodation policy for students with special needs.

Teachers and administrators receive training support from the EQAO, along with a package of sample performance

tasks. Samples and supporting information are also available on the EQAO website at www.EQAO.com.

EQAO Testing in Elementary Schools All students in Grades 3 and 6 across Ontario participate in an annual assessment of reading, writing and mathe-

matics skills.

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EQAO Testing in Secondary Schools In cooperation with EQAO, boards administer two annual tests to secondary students:

The Grade 9 Mathematics Test is an assessment designed to measure student achievement at the Grade 9

mathematics expectations. It provides valuable data for student improvement and program implementation.

Teachers have the option of including the marks with students’ report card grades. The testing is conducted

in January for students enrolled in a first-semester course, and near year-end for students studying in a

full-year course or second-semester course.

The Ontario Secondary School Literacy Test (OSSLT), written in Grade 10, is designed to assess the reading

and writing skills that students are expected to have learned across all subjects by the end of Grade 9,

as outlined in the Ontario Curriculum. Students are assigned a pass or fail rating, not a score. Those who

pass receive notification of success only. Those who fail receive a performance profile to guide their

remedial work.

All schools must provide students who fail with opportunities to repeat the test and to receive remedial help.

Students who are unsuccessful may choose to take the Grade 11 Literacy course as a form of remedial follow-up.

Beginning in the 2003/04 school year, students who have had at least two opportunities to take the test and

have failed at least once may take the Ontario Secondary School Literacy Course (OSSLC). The OSSLC is a Grade

12 open credit course. Students who pass the OSSLC will have met the graduation requirement. The OSSLC may

take the place of the Grade 12 compulsory English/French requirement.

Religion in Public Schools

The ministry supports the inclusion of multi-faith content in public elementary and secondary school curriculum

for educational purposes. District school boards can provide education programs about religion in elementary

schools for up to 60 minutes of instructional time per week. The ministry’s resource guide, Educating About

Religion in Ontario Public Elementary Schools, suggests that the process for developing courses should include

consultation with teachers, students, parents and guardians, and other community members. It encourages boards

to form advisory committees. Students in secondary schools can currently earn credits through world religion

courses developed from the history and contemporary studies guidelines.

Public schools may not indoctrinate or give primacy to any particular religion. The Ontario Court of Appeal ruled

in 1988 that opening and closing exercises in public schools that give primacy to a particular faith are unconsti-

tutional. The same court ruled two years later that indoctrination in any one religion in public schools is also

unconstitutional.

In 1996, the Supreme Court of Canada made a ruling that religious alternative schools are not constitutionally

entitled to grants through the publicly-funded system.

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Religion in Catholic Schools

Catholic district school boards are responsible for:

developing their own Religious Education and Family Life Education programs,

infusing Catholicity across the curriculum, and

developing the faith of their students.

It is important to understand these concepts and the differences among them.

Religious Education Religious Education refers to the more formal academic study of religion. It is organized into courses of study

appropriate to the student’s age and maturity. Like other school subjects, it is open to teaching methodologies

that range from the experiential and child-centred to more teacher-centred approaches. It encompasses subject

matter such as gospel studies, liturgy, Church history, and the culture and heritage of Catholicism. Students in

Catholic schools must take Religious Education courses. Up to four of these courses may be credited to the

requirements for the Ontario Secondary School Diploma (OSSD).

Family Life Education Students in Catholic schools also receive education in family life. Ethics, sex education, marriage, the role of the

Christian family in the modern world and the social teachings of the Catholic Church are central issues addressed

in family life education.

Catholicity Across the Curriculum Central to the concept of Catholic education is the conviction that all subjects and disciplines provide constant

opportunities for learning about faith and its meaning in contemporary society. The essence of Catholic education

is found not only in distinct subjects such as Religion and Family Life but in the total learning environment, which

creates a community that passes on the value and virtue of the Catholic tradition.

Faith Development Faith development relates to a Roman Catholic’s approach to life. It focuses on issues of commitment, value

judgement, and interaction among people. In experiencing the interaction between the school and the broader

community, students see in action the expectations of Catholic social teaching.

Recognizing Diversity

The Ontario Curriculum integrates anti-discrimination and violence prevention in the expectations for every course.

An active commitment to equity strengthens the ability of the school system to carry out its mission of preparing

all students to lead personally rewarding lives, to get along well with people from a wide range of backgrounds, to

welcome and seek out new knowledge about people and the wider world, and to play a positive role in our diverse

society. (For legal responsibilities related to equity and diversity, see Chapter 6, Legal Responsibilitiesand Liabilities.)

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Preventing Violence

District school boards are required to have violence prevention policies. Policies should include the following

components:

Violence prevention must be incorporated into all aspects of the curriculum. (The Ontario Curriculum

integrates material on violence prevention in all subject areas, where appropriate.)

Every school must have a code of behaviour that is communicated effectively to students and the community.

Boards must develop procedures for dealing with violent incidents.

Boards must develop strategies for dealing with the aftermath of a violent incident.

Boards are responsible for reporting incidents to the police and to the Ministry of Education in a manner

and frequency that is specified by the Ministry.

See Chapter 6: Legal Responsibilities and Liabilities for more on school boards’ obligations in this area. Formore information on the ministry’s requirements in this area, see the ministry’s Violence-Free Schools Policy.

Copies of this document can be obtained from school boards or from the Ministry of Education’s website at

www.edu.gov.on.ca

Technology and Education

Technology means different things to different people.

For some, technology means computers and electronic devices. This is addressed in all subject areas and is known

as Information and Communication Technology (ICT).

For others, technology has a broader definition, incorporating the concepts of design; the utilization and behaviour

of different systems, including the development and use of tools, machines (including computers), materials and

techniques; and the relationship of these things to individuals and to society. This is the area of Technological

Education, which includes both Computer Studies and Broad Based Technologies.

The Ministry of Education funds Information and Communication Technology (ICT) through the Foundation Grant in

the funding model. Both computer hardware and learning materials for computers are financed through that grant.

Computers for Schools is a national program that solicits used computers and printers from the private and public

sectors, refurbishes them, and donates them to schools. The Ministry of Education has partnered with the federal

government to provide both funds and used computers to Computers for Schools – Ontario (CFSO). Since its incep-

tion in 1993, CFSO has delivered over 77,500 refurbished computers to Ontario schools. CFSO has established

seven refurbishing centres across the province. The program is actively involved in training through HRDC funded

programs, co-op placement of students and an assortment of other skill development programs. Participants gain

valuable hands-on and practical experience to increase their job prospects. More information on Computers for

Schools – Ontario is available at: www.computersforschoolsontario.com

The ministry has also encouraged school board offices to use expanding technologies to increase their efficiencies.

Where the infrastructure exists, boards can now hold board and committee meetings electronically. (See Chapter7, Meeting Procedures.)

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Special Education

Every school board is required by the Education Act to provide special education programs and services for its

exceptional students. An exceptional student is defined in the Act as “a pupil whose behavioural, communication,

intellectual, physical or multiple exceptionalities are such that he or she is considered to need a placement in a

special education program by a committee...of the board.”

A school board may provide its own special education programs and services, or it may purchase them from

another school board. Either way, a school board must detail in its special education plan how the school board

will meet the special needs of its exceptional students. The programs or services required to facilitate learning

by an exceptional student will vary depending on the strengths and needs of the student. Each school board

determines the range of special education programs and services that is required to meet the needs of its excep-

tional student population – and (as set out in Regulation 306) must describe these in its Special Education Plan.

Each school board’s Special Education Plan must be submitted to the Ministry for review by July 31, every two

years. Any amendments must also be submitted to the Ministry in the intervening year. The Minister may direct

a school board to amend its Special Education Plan. Each board’s Special Education Plan must be available at the

school board’s office for review by the public. A ministry document, Standards for School Boards’ Special Education

Plans (2000), sets out content and format requirements for the plan.

Special Education Advisory Committee (SEAC) Every school board must have a Special Education Advisory Committee (SEAC) that monitors the board’s special

education programs, services and plans. This is described in detail in Regulation 464/97 made under the

Education Act.

The SEAC is composed of representatives of local associations and members of the school board, and (in specific

cases) other members of the community. (A local association is an organization or association that operates locally

and is affiliated with a provincial body operating to further the interests and well-being of one or more groups

of exceptional students.) Each local association that meets the criteria should be invited to participate in the SEAC,

up to a maximum of 12.

The board must appoint 3 trustees or 25 per cent of the total number of trustees on the board (rounded down),

whichever is less. Where the regulations require the school board to have one or more Native representatives, the

SEAC must also have one or two members (respectively) to represent the interests of Native students.

The SEAC must meet at least 10 times each year. It is mandated to make recommendations for establishing,

developing, and delivering special education programs offered by the school board. The board must give the SEAC

an opportunity to be heard before making any decision on SEAC recommendations. Further, the board must ensure

that the SEAC has an opportunity to participate in the annual review of the board’s special education plan and

annual budget process, and to review the board’s financial statements.

Identification and Placement of Exceptional StudentsThe identification and placement of exceptional students are governed by Regulation 181/98. Exceptional students

are identified by special education Identification, Placement and Review Committees (IPRCs). Every school board

must establish at least one IPRC. Each IPRC must be comprised of at least three individuals, at least one of whom

must be a principal or a supervisory officer. Trustees may not be IPRC members.

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The IPRC is mandated to collect information about a student who has been referred to the committee. This infor-

mation must include an educational assessment. It may also include a psychological assessment and/or a medical

assessment if these are deemed appropriate by the committee and if the parents (and the student, if 16 or over)

approve. The parents (and the student, if 16 or over) have the right to participate in all IPRC discussions about

the student, to be present when the IPRC makes its decision, and to bring an advocate to help them.

The IPRC’s written decision must indicate the following:

whether the student has been identified as exceptional and, if so, the categories and definitions of any

exceptionalities;

a description of the student’s strengths and needs;

the placement decision;

any recommendations regarding special education services and programs.

The needs of the vast majority of exceptional students can be addressed in a regular classroom with the help

of instructional, environmental and/or assessment accommodations or some curriculum modification or both.

Regulation 181/98 states that before considering the option of placement in a special education class, an IPRC

must first consider whether placement in a regular class, with appropriate special education services, would meet

the student’s needs and be consistent with parental preferences. Alternative placements that may be considered

include: regular class with resource assistance, regular class with withdrawal assistance, special education class

with partial integration, special education class full time. If the IPRC has decided that the student should be

placed in a special education class, the decision must state the reasons.

Very occasionally, a student may need to attend a provincial school for the deaf, blind or deaf-blind, or a provincial

demonstration school for students with severe learning disabilities.

The identification and placement of a student who has been identified and placed by an IPRC must be reviewed

at least annually by the IPRC, although parents may provide a written statement to waive the IPRC review. Also,

the IPRC must review the placement if the parents make this request to the school principal anytime after the

placement has been in effect for three months.

Parents who disagree with the IPRC’s decision may:

(within 15 days of receiving notice of the decision) request a follow-up meeting with the IPRC to discuss

the decision, or

(within 30 days of receiving notice of the decision) file a notice of appeal with the Special Education

Appeal Board.

Parents who remain dissatisfied after the follow-up meeting may also (within 15 days of receiving notice of the

reviewed decision) file a notice of appeal. Many parents may agree to a resolution of the dispute through mediation

before proceeding with an appeal.

The special education placement decision may be implemented only if one of the following conditions applies:

the parent has consented in writing;

the parent has failed to initiate the appeal process within a specified time period following the IPRC

decision or the Special Education Appeal Board process;

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the parent has appealed to the Special Education Tribunal but subsequently abandoned the appeal;

the Special Education Tribunal has directed the board to place the student.

Pending an IPRC meeting and decision, a student is entitled to an appropriate education program. This program

must be appropriate to the student’s apparent strengths and needs, must include education services to meet the

student’s apparent needs, and must be in a regular class if this meets the student’s needs and is consistent with

the preferences of the parents.

Special Education Appeal Board The board must establish a special education appeal board (SEAB) if it receives a notice of appeal. Each SEAB

has the following members, who must not have had any prior involvement with the case:

a person nominated by the school board (who must not be an employee of the board or the Ministry of

Education, and who does not need to be a supervisory officer);

a person nominated by the parent or student;

a chair selected jointly by the two nominees.

If the nominees are unable to agree on a chair, the appointment is made by the ministry’s district office manager.

The SEAB will convene a meeting or meetings with representatives of the school board, the parents and any other

person who, in the opinion of the SEAB chair, may be able to contribute information on the matters under appeal.

Ultimately, the SEAB has two options: it may agree with the IPRC and recommend to the school board the implemen-

tation of the IPRC’s decision; or it may disagree with the IPRC and make an alternative recommendation concerning

identification and/or placement. The recommendation must be forwarded to the board within 3 days of the ending

of the meeting. The board must, within 30 days, decide on the action it will take and inform the parent of its

decision. The notice to the parent must explain the parent’s further right to appeal to the Ontario Special Education

(English or French) Tribunal.

Special Education Tribunal Following receipt of notice of decision by the school board, a parent who disagrees with the board’s decision may

appeal to the Special Education Tribunal (SET), which is established by the Ministry of Education under the

Education Act. The appeal proceeds before the SET as a formal hearing between the parents and the school board.

At the conclusion of the hearing, the SET may dismiss the appeal, or grant the appeal and make any order it con-

siders necessary for the identification or placement of the student.

The decision of the SET is final and binding on the parents and the board. However, the parents or board have

recourse to the courts if the SET makes an error in law or in procedural fairness.

Individual Education Plan In accordance with Regulation 181/98 of the Education Act, an Individual Education Plan (IEP) must be devel-

oped for exceptional students. The requirements for IEPs are set out in the Regulation and in the Ministry of

Education’s policy document Individual Education Plans: Standards for Development, Program Planning, and

Implementation (2000).

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Every student who has been identified as an “exceptional pupil” by an IPRC must be provided with an IEP within

30 school days of the start of the placement. An IEP may also be developed for a student who has not been for-

mally identified as exceptional, but who is receiving special education programs and services. This plan must be

developed by the student’s teachers, under the supervision of the principal and in consultation with the parents

and the student, if the student is 16 years of age or older.

An IEP is a written plan that describes the student’s learning strengths and areas of need. It identifies the special

education program and services that will be provided. Key components of an IEP include:

any accommodations, such as special teaching strategies, support services or assistive devices, that

a student needs to achieve learning expectations, including accommodations to be provided during

provincial assessments;

any modified learning expectations, reflecting changes to the expectations set out in the Ontario Curriculum;

any alternative learning expectations for program areas not found in the Ontario Curriculum, such as

personal care skills, social skills, and anger management training;

information on how the student’s progress will be monitored, evaluated, and reported to parents; and,

for students 14 years or older (except for those identified solely on the basis of giftedness), a plan for

transition to the appropriate post-secondary school activities, such as work, further education and

community living.

The Ministry of Education has completed a review of samples of IEPs from the 72 district school boards. Individual

board results and provincial summaries have been distributed. School boards have been encouraged by the Ministry

to develop the tools and processes needed to examine the quality of their IEPs against the requirements set out

in the standards.

Further Information Further information about special education policies and procedures can be obtained from SpecialEducation: A Guide for Educators (2001), which is available on the Ministry’s website at:

www.edu.gov.on.ca/eng/general/elemsec/speced/speced.html

Continuing Education

Under the Education Act, boards may establish continuing education and evening classes and may decide the

frequency, length, and type of programs and courses they will offer [Reg.285, s.2(1)]. Boards may choose to provide

adult basic education classes or may contract out for these services. The ministry provides funds for adult education

programs, but at a lower rate than for programs for regular day school students.

Summer SchoolBoards may offer summer school programs to students requiring remediation credits or new credits in secondary

school and remediation programs to students in grades 7 and 8. Remediation credits generally require 55 instruc-

tional hours and new credits, 110 hours.

E d u c a t i n g T o g e t h e r

Curriculum, Testing And Special Programs

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Chapter 10

COLLECTIVE BARGAINING

As employers, school boards have a legal responsibility for labour relations with their teaching and non-teaching staff.

For unionized staff, the terms and conditions of the relationship are established through legislative standards, board

policies and decisions made as a result of the collective bargaining process and reflected in collective agreements.

Not everyone who works in a school board is eligible to be a member of a union and be represented in collective

bargaining. A small number of employees are deemed ineligible because of their role with the board or because of

the type of information to which they have access. This includes:

supervisory officers,

principals and vice-principals,

some executive/administrative assistants,

most ‘management’ staff in non-academic areas,

some human resources staff,

some financial staff.

For these staff, employment terms may be addressed in personal service contracts, group agreements, or other terms

and conditions set by the board.

The following information focuses on collective bargaining with unionized staff.

Legislation Governing Collective Bargaining

Several statutes define a board’s relationship with its employees, and the terms and conditions of employment.

These include:

the Education Act the Labour Relations Act the Employment Standards Actthe Occupational Health and Safety Act the Pay Equity Act the Municipal Freedom of Information and Protection of Privacy Act. the Ontario Human Rights Code

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Teacher collective bargaining is regulated by Part X.1 of the Education Act (and its relevant regulations) and by

provisions of the Labour Relations Act. The Labour Relations Act also governs collective bargaining for non-

teaching staff.

Some sections of the Education Act (for example, regarding class size and teacher instructional time) place some

constraints on what can be negotiated. In addition, regulations made under the Education Act set parameters for

matters such as:

teachers’ qualifications (Reg. 297);

the school year and school holidays (Reg. 304);

the general operation of elementary and secondary schools (Reg. 298).

Table 10-1 at the end of this chapter provides highlights of provisions of the Education Act governing collective

bargaining with teachers.

Bargaining Agents and Bargaining Units

Teachers The Education Act requires teachers within each school board to be grouped into the following four bargaining units:

regular elementary teachers,

occasional elementary teachers,

regular secondary teachers,

occasional secondary teachers.

The Act allows bargaining units to combine if all parties agree. For example, regular and occasional public second-

ary teachers may merge into one bargaining unit if the board and the union agree.

Two or more school boards may negotiate joint agreements if all parties agree.

The Education Act provides that all regular and occasional teachers are represented by one of the following

bargaining agents:

The Elementary Teachers’ Federation of Ontario (ETFO) represents teachers in the English public elementary

schools.

The Ontario Secondary School Teachers’ Federation (OSSTF) represents teachers in English-language public

secondary schools.

The Ontario English Catholic Teachers’ Association (OECTA) represents teachers in the elementary and

secondary English Catholic school systems.

L’association des enseignantes et des enseignants franco-ontariens (AEFO) represents French-language

teachers in both public and Catholic elementary and secondary French-language schools.

The ETFO, OSSTF, OECTA and AEFO all belong to the Ontario Teachers’ Federation (OTF), the umbrella organization

for Ontario’s teacher unions.

E d u c a t i n g T o g e t h e r

Collective Bargaining

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Non-Teaching Staff Provisions governing non-teaching staff are the same as those for the private sector. Unions seeking to represent

employees such as custodial, clerical and other non-teaching staff must first go through the certification process

set out in the Labour Relations Act. Unions currently certified to represent non-teaching staff include: the

Ontario Public Service Employees Union (OPSEU), the Association of Professional Student Services Personnel (APSSP)

and the Canadian Union of Public Employees (CUPE). Teacher unions may use their trade union status to organize

non-teachers. OSSTF, for example, represents some clerical staff.

Trade Unions and Staff OrganizationsSome staff may prefer to form an organization such as an association without applying to the Ontario Labour

Relations Board for trade union certification. This may be because as managers they are prohibited from belonging

to a union (such as principals) or because they feel more comfortable belonging to an association rather than a

trade union.

Once a union is certified under the Labour Relations Act a whole series of legal requirements kick in. The

employer (in this case the school board) is required to recognize the bargaining agent as speaking on behalf of

its members and to negotiate and maintain a collective agreement in good faith.

Recognition of a staff association, on the other hand, is purely voluntary. Many employers prefer to ‘negotiate’

with staff associations because they find it easier to administer and because it promotes good relations with the

affected staff.

Role of the Bargaining Agents Trade Unions are legally obliged to:

Negotiate terms and conditions of employment on behalf of their members;

Represent their members’ rights under the collective agreement.

Trade unions also provide professional development activities and information, lobby on behalf of their members

regarding government policies, and promote teacher professionalism:

Negotiating a Collective Agreement

A collective agreement is a legally binding agreement between the school board (the employer) and the union

(representing the employees).

A committee of the board is usually responsible for setting the policy framework for negotiations, subject to the

approval of the whole board. The committee may also direct or oversee the collective bargaining process. However,

because of the time commitment required and the increasing complexity of labour negotiations, it is advisable

that the actual negotiations be undertaken by board staff, who frequently receive help from legal counsel and/or

labour relations professionals.

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A board should begin its preparations for negotiations well in advance. In developing its proposal, the board should

consider a wide range of factors, including:

current government funding;

comparable settlements;

difficulties experienced under the old collective agreement.

All parties are entitled to use outside assistance, such as a lawyer. The school board/trustee associations provide

resources on collective negotiations for boards and their negotiators, and some also provide professional develop-

ment sessions for negotiators. All school boards contribute through their associations to a central, web-based

collective bargaining data-base, LabRnet, which was developed and is maintained by OPSBA.

Notice to Bargain The Labour Relations Act sets minimum requirements for giving notice to bargain, but individual collective agree-

ments may include more restrictive provisions. If there is no specific provision in the existing collective agreement,

either side may give notice to bargain within the 90-day period before the collective agreement is to expire [LRA s. 59].

The parties must then meet within 15 days to negotiate in good faith towards a new collective agreement [LRA s. 17].

If notice to bargain has been given and the agreement expires before a new settlement is reached, the terms

and conditions of the expired agreement continue in force into the bargaining period.

Conciliation Once notice to bargain has been given, either party may ask the Minister of Labour to appoint a conciliation

officer to help with negotiations [LRA s. 18(1)]. The parties do not necessarily have to meet before they enter

conciliation. However, during the course of negotiations, both parties must engage in meaningful negotiations.

The conciliation officer meets with the parties to attempt to achieve a resolution, and then reports to the

Minister of Labour.

No-board Report Following conciliation, the conciliation officer advises the Minister of Labour of any issues that remain in dispute.

In theory the Minister can then appoint a conciliation board to continue the negotiation process; but in practice

this never happens. Rather, the Minister of Labour issues a no-board report advising the parties that no such board

will be appointed.

The release of this report brings the parties closer to the point at which they may impose sanctions on one another.

However, collective agreements are often achieved after a no-board report and before the commencement of

sanctions by either party.

Impasse and Sanctions

Most collective agreements are settled without conflict. However, if renewal negotiations break down, employees

have the right to strike and boards have a right to lock out their employees and, under certain conditions, to uni-

laterally alter their working conditions. However, this can occur only after the mandatory conciliation procedures

of the Labour Relations Act have been followed and certain notification periods have expired.

E d u c a t i n g T o g e t h e r

Collective Bargaining

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The following must occur before employees can strike or boards can lock them out:

one party has served the other with notice of intent to bargain;

their collective agreement has expired;

there has been conciliation conducted by the Ministry of Labour;

fourteen days have elapsed since the Minister of Labour advised the parties that no conciliation board will

be appointed (that is, after the release of a no-board report);

for employees, a strike has been supported by a majority of those voting.

A bargaining party does not necessarily exercise sanctions just because it is in a legal position to do so, but

generally only if it deems that the action is necessary to achieve a settlement. A school board, however, may alter

conditions of employment after release of a no-board report (for example, staffing levels) because of its fiscal circum-

stances. There are limitations on what can be imposed; they generally relate to positions previously put on the table.

Even though a strike or lockout may be ongoing, the parties remain under a duty to seek a negotiated settlement.

Strikes To be legal, a strike vote has to take place 30 days or less before the collective agreement expires, or any time

after the agreement expires [LRA s. 79(3)]. At least 50 per cent of those voting must be in favour of the strike.

A job action—such as withdrawal of services or working to rule—is considered to be a strike.

Boards may not fire or discipline teachers for participating in a legal strike.

Lockouts and Unilateral Actions by the Board When all conditions have been met, a board may legally lock out its employees. In some cases a board that has

reached an impasse on certain issues may choose to exercise its right to unilaterally impose the disputed terms

and conditions. A board should carefully assess such a move, particularly if its employees have not yet chosen to

strike, since the unilateral imposition of the board’s position may provoke a strike in response.

The Education Relations CommissionThe Education Act provides that the Education Relations Commission advise the Lieutenant Governor in Council

if the school year of the affected students is in jeopardy because of a strike or lock-out. Where such ‘jeopardy

advice’ is given, it may lead to the enactment of back-to-work legislation by the Legislative Assembly. The gov-

ernment can, however, enact back-to-work legislation without a jeopardy finding.

Mediation and Arbitration

Both parties may jointly agree to the appointment of a mediator in an attempt to resolve outstanding issues, either

before or during a strike. Depending on local circumstances, mediation could be a forerunner to arbitration.

Arbitration is an alternative to the negotiation/sanction process. At any time during the bargaining process the

parties may jointly agree to refer all matters remaining in dispute to final and binding arbitration.

Binding arbitration carries both risks and advantages and should be taken after consultation with legal counsel

and/or other professionals experienced in such proceedings.

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The Collective AgreementThe Education Act provides that all current teacher collective agreements expire August 31, 2004. All teacher

collective agreements after that date must be for a three year period.

Table 10-1

Teachers’ Collective Bargaining Provisions in the Education Act

Teacher Teacher is defined in Part X.1 of the Education Act to exclude principals and vice-principals

from the bargaining units for teachers. Principals and vice-principals may be assigned teaching

duties but are not allowed to be represented by a union for collective bargaining.

Strike A strike includes any action undertaken collectively by the teachers with the intent to stop

or limit the normal operation of the Board, including school programs. This includes regular

classroom programs and programs broadly defined as co-instructional activities. Any of the

following are considered strike actions: withdrawing services; working to rule; and giving

notice to terminate contracts of employment.

Right to strike Teachers have the right to strike, and boards have the right to lock out their employees.

and lock out The Labour Relations Act provides the process which school boards and unions must follow

to get into a legal strike/lock-out position. The Education Relations Commission advises the

government when a strike or lockout is jeopardizing the school year for students.

Instructional Minimum instructional time for elementary teachers on a board-wide average is 1300 minutes

time per week. For secondary classroom teachers, the teaching workload is based on 6.67 eligible

programs per teacher per year. These figures are calculated as an average for all secondary

teachers in a board over the year.

Co-instructional Co-instructional activities are activities other than instruction that support the operation of

activities the school and enrich the school-related experiences of students. They include sports, school

functions, and other commitments. A concerted refusal by teachers to support co-instructional

activities is deemed to be a strike under the Education Act.

Class size The average class size for a board is set at 24.5 students per teacher for JK to Grade 8

(24 students for JK to Grade 3) and 21 students per teacher for secondary school. These are

averages for the whole board.

School year The school year for teachers may include a maximum of 4 professional activity days and

10 exam days. Boards can require teachers to report for work up to 5 days before the

beginning of the school year.

Bargaining Units The Education Act provides that each teacher must belong to a bargaining unit. The Act

and Bargaining also provides which bargaining unit the teacher belongs to and which teachers’ union will

Rights represent them.

E d u c a t i n g T o g e t h e r

Collective Bargaining

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Chapter 11

WORKING WITH SCHOOL COUNCILS AND COMMUNITIES

Education is a shared responsibility. Trustees are part of a team that includes parents, taxpayers, students, community

agencies, interest groups, teachers and other employees of the board, and the provincial government and its agencies.

The involvement of parents and community members enriches the learning environment and directly contributes

to student achievement. Active involvement also helps to create strong, democratically vibrant communities.

School boards can promote a healthy partnership with parents and the community by:

making schools and the school system accessible and welcoming to parents and other members of

the community;

providing relevant information about educational policies, programs and services;

encouraging meaningful opportunities for input into decision-making at the school and system level.

Strong school/community partnerships are good for schools and good for the communities they serve. Each

school is a rich community resource with assets that include its facilities, equipment and materials, entertain-

ment (sporting or artistic events), human resources (either through the staff or the students), programs, and

courses for the broader community.

Promoting Parent and Community Involvement

Parent involvement at the local school level is important. Parents can take an active role in education by:

reading to their children and helping them with school work;

volunteering at the school;

participating in school/community projects;

participating in the school council;

being informed about school board policies and contributing to decision-making at the board level.

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School boards and school communities can also encourage partnerships with:

local professionals, seniors, and other individuals;

community associations (such as taxpayer groups and citizen coalitions);

religious institutions;

artists, musicians and cultural organizations;

municipalities (regarding parks, libraries, and other community resources);

community colleges and universities;

police;

health care institutions (such as hospitals, nursing homes, and family health clinics);

the private sector (including businesses, boards of trade, and chambers of commerce).

All of these potential partners can help to enrich the quality of life in the school community.

The Role of School Councils

One effective way for parents and guardians to contribute to their children’s learning is through active and

involved school councils. Every publicly funded school in Ontario must have a school council with the purpose of

improving student achievement and promoting accountability. First legislated in 1995, school councils are made up

of individuals representing parents, the school, and the community. They provide advice to principals and, where

appropriate, to the local school board to ensure that their school responds to local needs and reflects local values.

Strong school councils help to build strong school communities. The school council provides a mechanism for consul-

tation, advice, and information-sharing among all members of the school community. School councils are encouraged

to reflect the views of their community and to establish open, inclusive practices that invite participation.

With the introduction of Ontario Regulation 612/00 in November 2000, the advisory nature of school councils was

reconfirmed. School councils are able to provide advice to the school principal and, where appropriate, to the

school board, on any matter. School boards and principals are obligated to consider and respond to each recom-

mendation made by school councils. The Ministry of Education has published a School Council Guide, which is

available from the Ministry’s website at www.edu.gov.on.ca.

School boards and principals are required to consult school councils before they make decisions on certain matters.

A comprehensive list of the areas requiring consultation with school councils by principals and school boards is

included in the regulations as well as the School Council Guide.

School councils are to consult parents of their school community about matters under their consideration.

School councils are required to operate within the framework of the regulations and any applicable board policies.

School boards are encouraged to work collaborately with school councils to ensure that the regulations and board

policies are clearly understood and that all parties comply.

E d u c a t i n g T o g e t h e r

Working With School Councils And Communities

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The Ontario Parent Council

The Ontario Parent Council (OPC) is an advisory agency of the Ministry of Education. The Ontario Parent Council’s

mandate is to advise the Minister of Education on issues that concern the parents of elementary and secondary

school students; and, to increase parent’s participation in the education of their children [17.1(10].

The Council has twenty members. Three parents' organizations recommend one member each. One member comes

from the Ontario Federation of Home and School Associations, one from the Ontario Association of Parents in

Catholic Education, and one from Parents partenaires en éducation. Six members are selected from the parents

nominated by school councils at regional forums held across the province. The Minister appoints another 11 parent

members, including the OPC chair. Members are appointed for a two-year term. They can be re-appointed for a

second term, but may not exceed more than 4 consecutive years on the Council. Members receive an honorarium

for the time spent on OPC business.

How Trustees Can Help School Councils

Trustees can support the work of school councils by:

promoting the value of school councils to the community;

facilitating communication among school councils within the trustee’s area;

helping to establish contacts between councils and their communities;

providing a communication link between school councils and the board;

ensuring the board establishes policies for school councils, in consultation with school councils

ensuring school councils are able to provide input into the development of board policies related to those

areas listed in Ontario Regulation 612/00

evaluating the board’s method of reporting back to school councils;

making school councils aware of relevant board policies;

ensuring all those involved with school councils work within the provisions of the regulations and any

applicable board policies;

promoting and encouraging collaborative relationships between boards and school councils;

ensuring that boards report back to school councils on the actions taken by the board in response to

advice provided by school councils. (Note: Boards are not bound by school council recommendations, but

according to Ontario Regulation 612/00, they are required to report back to school councils on actions

taken or not taken.)

Inviting Public Input Trustees also have an important role to play in informing school councils and community members about how they

can influence decision-making at the board level, either through public deputations or, in some boards, through

board advisory or consultative committees. All district school boards have procedures for public deputations to

the board of trustees or its standing committees. Some boards also have advisory or consultative committees to

represent the viewpoints of parents, other community members, and often secondary students. The goal in both

cases is to invite public input in a way that is focused, time-efficient, and accessible.

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Making Connections in the Community In addition to working within their own school board, some trustees choose to sit on other boards in the com-

munity, such as library boards, district health councils, hospital boards, and boards of trade. Trustees may also

participate in community service clubs. Although this involvement is not a requirement of the role, some trustees

find that it helps them to build links between the education system and other groups.

Finding More Information Ontario’s school board associations and many school boards have developed good resources describing their approach

to community involvement and school councils.

The list below outlines strategies for community involvement that were developed by the British Columbia

School Trustees Association (BCSTA). These strategies are included here with thanks to BCSTA.

For information on communicating effectively with the public and media, see Chapter 12, Communicationsand Media Relations.

Strategies for Engaging Communities in the Key Work of School Boards

In the community:

Hold community forums and focus groups.

Use questionnaires, satisfaction surveys, etc.

Use budget-setting and other decision-making processes as the springboard for community discussion.

Publish information about vision, expectations, budgets, programs, services, assessment processes, etc.,

widely and in a variety of ways through a variety of media. Invite comment!

Ask community members and groups how they can support student achievement.

Ensure community representation on advisory bodies.

Mount community displays in public spaces (libraries, malls, etc.).

Submit regular columns to local media, seek guest spots on call-in shows, etc.

Get on the agenda of community groups.

In the schools:

Align professional growth plans for staff with district vision and expectations.

Open professional development to the community. Run workshops on supporting student learning. Help

parents support their child’s learning.

Recognize community support—with an appreciation concert, open house or other celebratory event.

Draw on community partnerships and expertise to support career programs, work experience, career

exchanges, field trips, mentorships, etc.

Involve your community in planning and decision-making.

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Working With School Councils And Communities

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At the board table:

Make sure board discussions and decisions focus on student achievement.

Establish board policies to enable and set expectations for community involvement, discussion of

school data, etc.

Include students, parents and community members on advisory teams.

Provide opportunities for public comment at board meetings—and make people aware of these.

Work with the community to establish involvement processes and protocols.

Share and use information in planning processes.

Report regularly on board progress at public board meetings.

Source: The British Columbia School Trustees Association (BCSTA), 4th floor, 1580 West Broadway, Vancouver, BC V6J 5K9

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Chapter 12

COMMUNICATIONS AND MEDIA RELATIONS

Communicating with the community is an important part of the trustee’s role. All community members have a need

and a right to know about what children are learning and how well they are learning it. They also have a right to

know how their tax dollars are being spent and to participate in discussions about the allocation of education

resources in their community.

This chapter offers tips to help trustees communicate effectively, either through direct contact with parents, school

councils and community associations, or indirectly through the media.

Developing a Communications Plan

A communications plan is a road map for your communications over a given period of time—for example, a school

year or calendar year. A plan might focus on your own goals, or it might guide the communications of a committee

or the whole board. Many school boards have effective strategies for communications planning.

There are no hard-and-fast rules for communications planning, but an effective plan might address the following:

Goals: what you want to achieve through your communications during that time period, with an emphasis

on one or two priorities;

Audiences: the varied groups within your community that you are attempting to reach and engage;

Key Messages: the information you want to stress with each audience—over the long term and short term;

Strategies: the specific ways in which you hope to reach your goals, connect to your audiences, share

information and receive feedback;

Responsibilities: the persons who are charged with implementing various elements of the communications plan;

Timelines: when things need to happen.

A good starting point is to consider how you or your group are communicating at present. Ask yourself:

What are the strengths and weaknesses of the approaches you are using?

Who aren’t you reaching that perhaps you need to?

What approaches are being used by other individuals or groups, and to what effect?

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It is important to review your plan periodically and evaluate the effectiveness of your strategies. Ask members

of the community, in person or through brief surveys, whether they feel that appropriate information-sharing is

taking place. Use this information to strengthen your plan for the coming year.

Keep the following tips in mind when planning your communications:

Clearly designate the communications responsibilities to particular individuals or subcommittees.

Use a variety of information-sharing approaches, including letters, newsletters, phone/e-mail networks, an

Internet website, radio, community-access television, and print media.

Prepare information sheets on timely topics.

Be aware of communications barriers, such as language and culture.

Be mindful of “who needs to know,” and their timelines.

Focus on listening as much as telling. Explore two-way communication, feedback and input throughout

the community.

Be informative, but do not impose your views. Welcome a range of viewpoints, and seek the common ground.

Design committee structures that allow for maximum participation from school councils, parents and other

community groups.

Involve community volunteers in the initial planning of major initiatives.

Guiding Principles

Regardless of your audience, and whether you are speaking or writing, certain principles apply:

be honest,be clear,be calm,

be alert,be prepared,

be proactive.

Be Honest Always tell the truth. Use factual and credible points that are not open to misinterpretation. State the

facts candidly.

You may be able to skirt a sensitive question, but don’t lie. If you do, the truth will eventually come out. Your

credibility will be damaged or destroyed, and you may have influenced an important issue destructively.

If you can't talk about something, say you are not prepared to discuss the issue at present, and will respond in

the future. If you don't know the answer, say so, and refer them to someone who may know. Don't risk the long-

term consequences to your reputation by speaking recklessly.

Never say “no comment.” To a reporter it means you have something to hide, or you’re deliberately making their

job difficult. Instead of saying “no comment,” explain why you can’t answer the question.

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Trustees also have an obligation to respect confidentiality. As members of the school board, trustees are subject

to legislation covering the protection of privacy. Most of the board’s business is done in full view of the public and

the media. A board’s policies will determine what information is confidential. A trustee must not reveal discussion

or material from a board’s private session to a member of the media.

If a board’s collective aim is to promote public understanding of and confidence in the school system, it is important

that trustees support the democratic process of decision-making. During board meetings, some controversy is almost

inevitable. But once the vote is taken, trustees are collectively responsible for the board’s decision.

Be Clear Speak and write in clear, concise language. Your goal is to communicate, not to confuse people with educational

(or other) jargon or impress them with your vocabulary. If you are talking to reporters, remember that they cannot

present information clearly if they can’t understand it themselves. (See Table 12-1, Tips for Better Writing.)

Be Calm Stay calm during any discussion or interview. Losing your temper will only hurt your message and damage your

reputation. Focus on relaxation techniques if you are angry, tense or nervous.

Be Alert Don’t say things you don’t want other people to hear about, in any public situation. Although it is reasonable to

ask a reporter before an interview that certain discussions be “off the record,” and most reporters will honour this

request, it is wise to only say things you want to see in print.

Be Prepared Have your key messages ready on issues. Key messages are two or three short, easily-memorized, simple messages

that trustees can use to articulate the board’s position on a given issue. Key messages are designed for a specific

audience and are those aspects of an issue that the board ultimately wants the audience to remember.

If you are making a presentation or preparing for an interview, write out the main points of what you want to

say and rehearse. Think of all possible questions you may be asked. If confronted with a question you have not

anticipated, take time to think before answering. And be ready to admit you don’t know the answer or don’t know

enough to express an opinion, but will get the required information.

Being prepared and having practiced your message makes it easy to follow the ten Cs: be confident, consistent,

credible, clear, calm, compelling, correct, compassionate, candid and concise.

Be Proactive The Education Act requires a board to make its meetings public. Encourage attendance at board meetings by high-

lighting the issues that will be under discussion. Let the media and the community know if something particularly

important or controversial is coming up. Make background information available to the public and send it auto-

matically to local media. Where the situation warrants, hold information briefings and public information meetings.

If a board proves itself to be a credible source for information about difficult issues, the media and the public are

more likely to listen when the board wants to share its good news.

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Monitor the media. Be aware of current education issues and fast-breaking news stories. Most major daily news-

papers (such as the Globe & Mail) and many other media outlets (such as the Canadian Broadcasting Corporation)

have regularly updated websites.

Tips for Better Writing

Table 12-1

Write the way you speak. Use a conversational tone.

Avoid jargon.

Keep it simple. Readers tend to be turned off by long, complicated text.

Include only one idea per paragraph.

Be selective about what you print. You don’t have to include all the background details.

Don’t assume your readers have the same knowledge as you.

Be careful not to break copyright laws when reproducing materials.

Be positive. Present the school board in the best light.

Include a ‘call to action.’ Make it clear why you are writing and what you want from your reader.

Have several people proof read your material to be sure it is understandable and free from distracting errors.

Use handwritten notes to thank people or to encourage their participation.

Reply promptly to concerns and requests for information.

Working with the Media

Most people learn most of what they know about schools through the media. Therefore, school boards need to

ensure that their local media have the information they need to present a balanced picture to their communities.

This is an achievable goal. In spite of what many people think, the media generally try to present a fair picture

of a situation or event. A study conducted for the former Education Improvement Commission found that 60 per

cent of education coverage in the print media contained no opinion or presented a balance of opinions and/or facts.

Taking a Story to the Media Parents are interested in a great deal of information. But reporters are interested in news. News is judged by

assessing the impact of the story on a reader or viewer:

Is it new? Does it highlight new people, new programs, new ideas or new ways of teaching and learning?

Is it timely? Stories about school safety, for example, may be “in vogue” this year but less so next year.

Is it superlative? Does your story illustrate the fastest, highest, smallest, or biggest of something? What

credible, third-party evidence exists to back up your claims?

How does your event tie into a major news story? The media are constantly looking for ways to bring a

local perspective to major national or international news stories.

Are there interesting visuals? What visual appeal does your story offer—for example, students being active

at something—that lends itself to a compelling photograph for the newspaper or for television footage?

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Making the Reporter’s Job Easier Most reporters are dedicated, well-meaning individuals who are usually facing tight time pressures. They may well

be pursuing several stories in a single day, against the clock—with hourly or daily deadlines.

Your story may be one of several the reporter is pursuing on a particular day. The reporter assigned to cover your

event is likely a general reporter, who deals with a different topic in every story. This is especially true in radio

and television. Primarily newspapers (and only some of them) and a few television stations have reporters assigned

to cover education. As a general rule, most reporters’ knowledge of schools and how they operate may be minimal.

As a result, it is essential for you to make it as easy as possible to tell your story. Provide written fact sheets about

your school, contact numbers for parents, and lively picture possibilities. In short, you need to think of ways to

help the media do the best job they can within their time constraints.

Responding to the Media If a reporter comes to you with questions about a current issue or event, don't panic. Follow the tips discussed in

this chapter. Be ready.

Each board’s policy on media contact is going to vary based on local needs. Some boards have a communications

practitioner on staff and others flow media calls through the office of the director of education. Many boards

use the chair as the key spokesperson for the board. Whichever method works best at your board, the key is to

remember that the media require a consistent and available spokesperson. The board must be able to present its

side of the story within media deadlines. A reporter covering a contentious issue at the board or an incident at

one of your schools has probably been sent there by an assignment editor. The reporter has only a few hours to

turn in the finished story.

Never turn down a reporter’s request for an interview, especially when it involves what you perceive to be "bad

news." If you won't cooperate, the reporter will inevitably get information from other sources, including those

with less knowledge or an axe to grind.

Make sure you understand what the reporter wants and how the material is to be used: a 30-second clip on the

nightly news; a feature radio documentary; an analysis piece for the newspaper.

It's not difficult to anticipate the questions if a reporter is calling in response to a specific issue. But if you receive

a call unexpectedly, you have the right to ask for reasonable time to gather information and prepare your thoughts.

Make sure you agree in advance about the conditions of an interview. The most satisfactory condition for both

parties is "on the record." This means that the reporter can use and quote anything that you say. If you are acting

in your official capacity as a board trustee, it is expected that you will speak openly and on the record, particularly

in a crisis situation.

Maintaining a Working Relationship The best way to develop a working relationship with the media is to be an accurate source of information. This

does not mean that you must tell reporters everything you know or answer all their questions. It simply means

that the easier you make their job, the more likely they are to return to you for information, quotes, and your

opinion on issues. And every time you speak to the media, it's an opportunity to communicate your message on

the issue of the day.

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Complaining about Media Coverage There are occasions when trustees feel unhappy about the outcome of their dealings with a reporter in a news-

paper story or television broadcast. Do you have a genuine grievance? Reporters are trained to take notes, tape

their interviews and accurately reflect what the interview subject said, and do not want to develop a reputation

for sloppy work. If you overreact, you could damage your long-term relationship with the reporter, who may well

return to write about you or your school.

Is the problem with a headline? A newspaper headline is not written by the reporter but by a copy editor who

has to distill the essence of the story into a few words on the page. Often complaints are registered with reporters

about headlines they did not write.

Reporters do sometimes make errors. If the error is minor, forget it. However, tell the reporter about genuine mis-

takes. He or she can write a correction for the next day's paper. For many news outlets, that correction is attached

to the original story. Any subsequent references, such as a database search of the article, will see the corrected

story. If you still are not satisfied with the response, talk to the reporter's editor.

If that doesn't work, send a letter to the editor or contact the Ontario Press Council (80 Gould Street, Ste. 206,

Toronto, M5B 2M7; telephone 416 340-1981). Keep notes of your interview with the media so that third parties

can judge the facts for themselves.

E d u c a t i n g T o g e t h e r

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Appendix AASSOCIATION DES CONSEILLERS(ÈRES) DES ÉCOLES PUBLIQUES DE L’ONTARIO (ACÉPO)

2445 St. Laurent Boulevard, Ottawa ON K1G 6C3

Phone: (613) 742-7365

Fax: (613) 742-0264

E-mail: info@acepo.org

Website: www.acepo.org

L’Association des conseillères et des conseillers des écoles publiques de l'Ontario (ACÉPO) is the association

of Ontario French-language public school trustees. Its members are Ontario's four French-language public school

boardsm, whose smallest size is twice the geographic size of Belgium.

Its vision, as set out in its charter, is “to protect and defend the rights and interests of the French-language

public schools in Ontario, while ensuring the establishment and proper functioning of a comprehensive network

of French-language public schools. The role of this network would be to provide all students with access to a full

and varied range of high-quality programs and services in French-speaking Ontario.”

ACÉPO is the official voice of all French-language public school boards and of French-language public school

administrations that wish to join it. It vigorously represents and defends the highest interests of the students in

a diverse and changing modern community, united in its commonality—the French language.

To ensure the implementation of the right to public education in Ontario and its proper funding, the members of

ACÉPO work together to guarantee the quality of teaching, as well as the programs and services offered through-

out the province, while promoting and respecting local autonomy. ACÉPO offers its members a network for facili-

tating consensus-building and training. Based on the orientations decided upon at the general meeting, ACÉPO

works toward achieving the objectives set by the school trustees.

Whether the goal is to obtain funding for full-time Kindergarten in every school, or the equitable funding of

administration for school boards, or to ensure that students have the programs and services they require—ACÉPO

is working for its membership. In the context of a linguistic minority, ACÉPO is working to ensure the ethnolin-

guistic vitality of the community it serves.

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E d u c a t i n g T o g e t h e r102

Association Des Conseillers (ÈRES) Des Écoles Publiques De l’Ontario (ACÉPO)

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Appendix BASSOCIATION FRANCO-ONTARIENNE DES CONSEILS SCOLAIRES CATHOLIQUES (AFOCSC)

110 Drewry Avenue, Toronto ON M2M 1C8

Phone: (416) 250-1754

Fax: (416) 250-7025

E-mail: info@afocsc.org

Website: www.afocsc.org

Raison d'être

The Association franco-ontarienne des conseils scolaires catholiques “is the voice of the French-language Catholic

school boards in Ontario. It serves its members by defending their interests and promoting Catholic education in

French to both governments and the people of Ontario.”

Vision

The Association franco-ontarienne des conseils scolaires catholiques is a leader in ensuring the growth of the

French-language Catholic education system in Ontario.

Organizational Values

To convey the values of the Catholic Church in the performance of its duties

To strive for excellence in its every undertaking

To promote and advocate innovation and creativity

To participate in the development of Franco-Ontarian life

To respect the automony of every school board

To practise transparency in its dealings with its members and the Franco-Ontarian community.

Members and Sectors of Activity

The AFOCSC consists of the eight French-language Catholic district school boards, as well as the Catholic school

authorities. More than 72,000 students at the elementary and secondary levels fall under their jurisdiction.

Its provincial board of directors comprises nine members with voting rights, and three without. The former are the

eight school board chairs, who are regular members of the AFOCSC, or their delegates, and a person elected by

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E d u c a t i n g T o g e t h e r

Association Franco-Ontarienne Des Conseils Scolaires Catholiques (AFOCSC)

104

the school authorities to represent them. The members without voting rights are the bishop responsible for the

association, a student trustee and the executive director. The provincial office, located in Toronto, is managed

by the executive director. The association promotes the interests of its members to government authorities and

encourages consensus building and cooperation among the French-language Catholic school boards.

The AFOCSC offers services to its members, such as:

personalized training sessions

legal opinions

interventions and representations.

As the voice of its members, the association takes part in a number of committees, consultations, and discussions

regarding issues of importance to French-language Catholic education, such as curriculum reform, educational

funding, bills, early childhood, the Ontario budget, and special education. The association works to build consensus

among francophone and anglophone partners at all levels, from the community to the national level.

HistoriqueLe 1er janvier 1998, après de longues batailles politiques, juridiques et constitutionnelles, la communauté franco-

ontarienne se voyait accorder par le gouvernement de l’Ontario la gestion complète de ses écoles élémentaires et

secondaires.

Traditionnellement exclus des cercles restreints du pouvoir politique et du monde de l’éducation ontarienne, les

francophones de l’Ontario, par l’entremise des nouveaux conseils scolaires de district, sont devenus, depuis, des

intervenants à part entière dans le système éducatif de la province.

La communauté gère elle-même ses installations scolaires, les ressources financières et matérielles qui les

accompagnent ainsi que les destinées de sa population étudiante. Les nouveaux conseils scolaires de langue

française doivent maintenant livrer de l’intérieur leur bataille pour améliorer le système d’éducation.

Pour appuyer cette nouvelle responsabilité, les conseils scolaires catholiques ont créé l’AFOCSC.

Les secteurs d’activités Représentation et revendication : L’AFOCSC est le porte-parole des conseils scolaires catholiques de langue

française de l’Ontario. Elle représente les intérêts de ses membres auprès des instances gouvernementales.

Concertation et communication : L’AFOCSC assure des communications rapides et efficaces entre l’Association et

ses membres et vice-versa; elle favorise la concertation et la collaboration entre les conseils scolaires catholiques

de langue française.

Développement de services : L’AFOCSC offre des services à ses membres.

Activités corporatives : L’AFOCSC assure le bon fonctionnement de l’organisme.

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Appendix B

La catholicitéL’Association franco-ontarienne des conseils scolaires catholiques est d’avis que les conseils catholiques ainsi que

les écoles catholiques de langue française se distinguent par les aspects qui reflètent une philosophie particulière

en éducation. Nos conseils doivent se distinguer comme système scolaire où nous retrouvons dans tous les aspects

la foi ancrée en Jésus Christ. Cette distinction s’affirme sous plusieurs formes dans le milieu d’apprentissage créé

dans une école catholique : curriculum catholique, éducation de la foi, animation pastorale et action communautaire.

Données sur l’AFOCSCEnsemble, les conseils scolaires ont la responsabilité d’offrir des programmes à plus de 72 000 élèves francophones

catholiques en Ontario. Du plus petit conseil avec 800 élèves, au plus gros avec tout près de 15 000 élèves, tous

travaillent pour améliorer l’éducation catholique. Les membres ordinaires de l’AFOCSC sont les élus des conseils et

administrations suivantes :

CSCD des Grandes Rivières

CSCF Franco-Nord

CSDC du Nouvel-Ontario

CSCD des Aurores Boréales

CSDEC du Sud-Ouest

CSCD Centre-Sud

CDECLF de l’Est Ontarien

CSCD Centre-Est

Administration scolaire catholique de Foleyet

Administration scolaire catholique de Dubreuilville

Administration scolaire catholique de Gogama

Administration scolaire catholique de Hornepayne

Administration scolaire catholique d’Ignace

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E d u c a t i n g T o g e t h e r

Association Franco-Ontarienne Des Conseils Scolaires Catholiques (AFOCSC)

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Appendix CONTARIO CATHOLIC SCHOOL TRUSTEES’ ASSOCIATION (OCSTA)

20 Eglinton Avenue West, Suite 1804, Toronto ON M4R 1K8

Phone: (416) 932-9460

Fax: (416) 932-9459

E-mail: ocsta@ocsta.on.ca

Website: www.ocsta.on.ca

Mission

Inspired by the Gospel, we provide leadership, service and a provincial voice for Catholic school boards in promoting

and protecting Catholic education.

Goals Public and Catholic schools, both French and English, share the common goal of academic excellence. All systems

teach students necessary life skills, preparing them for post-secondary education or the workplace and for their role as

responsible citizens. Trustees on public and Catholic school boards share the same powers, duties and responsibilities.

Although sharing much, Catholic school boards are nonetheless quite distinctive in their philosophy of education.

The Catholic school is an integral part of the Church’s mission to evangelize youth. Catholic parents send their

children to Catholic schools expecting them to be socialized into a faith community in which a Christ-centered

approach is central to instruction in all subject areas. Catholic schools provide a complete academic program in an

environment that integrates learning, religious instruction, gospel values and spiritual formation in all aspects

of the curriculum.

The Catholic school is a faith community in which spirituality and the witness and practice of faith are lived out in

the daily experiences of staff and students. Religious instruction is not confined to specific periods on a timetable. All

subjects that deal with social issues, moral values, ethical decision-making and the impact of technological advances

are approached and taught from the distinctive world view reflected in Catholic beliefs, traditions and practices.

Roman Catholic trustees are elected by Catholic ratepayers. They carry out their role from the perspective of a

system founded and nurtured on the convictions and commitments of the Catholic faith. The same distinction

guides the Ontario Catholic School Trustees’ Association in providing services to its member boards. OCSTA is the

sole representative of the 29 Roman Catholic District School Boards and five Catholic School Authorities in Ontario.

OCSTA is the central source of information about government funding and initiatives affecting boards’ operations.

It represents all boards when dealing with province-wide issues affecting Catholic education. It takes the view of

1072 0 0 3

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Catholic boards directly to the Ontario Government and, when necessary, to the Federal Government. In this role

the Association has safeguarded and promoted the interests of Catholic education for more than 70 years.

Membership and Management Structure of OCSTA The twenty-nine Roman Catholic district school boards and five Catholic school authorities which educate

approximately 600,000 students constitute the association’s membership. Membership fees are determined by a

formula based on the number of students enrolled at each board.

OCSTA is managed by a board of directors consisting of seventeen trustees elected from thirteen province-wide

regions. The board meets at least five times per year. Committees examine areas of particular concern and develop

briefs and reports. A professional support staff, headed by the Executive Director, operates the provincial office.

OCSTA and the Government OCSTA is represented on many government committees, advisory councils and commissions. The association keeps

abreast of government initiatives and trends, contributes to the decision-making process, and responds appropriately

to government action. OCSTA liaises with the Ontario government and all provincial political parties on matters

affecting the Catholic education community.

OCSTA and its Partners OCSTA is represented on the board of directors of the Institute for Catholic Education, the Canadian Catholic School

Trustees’ Association and the Ontario School Trustees Council. In addition, it liaises regularly with provincial

educational associations.

Services OCSTA provides opportunities for member boards and local Catholic school communities to enhance their profes-

sional and faith development through the following services: OCSTA/OECTA summer and winter religious education

courses and family life education courses; retreat days for trustees; labour relations support; finance reform leader-

ship and support; analysis of bills and acts; trustees’ seminars; seminars for chairpersons and directors of education;

the annual general meeting and conference; regional meetings/Catholic trustee professional development days; and

meetings and information sessions to help boards deal with government action as it occurs.

Publications A New Funding Model for Education in Ontario

A Question of Equity for Children – Education Funding in Ontario (brochure)

A Question of Equity for Children – Education Funding in Ontario (booklet)

Action Kit: New Education Funding Model

Becoming a Catholic School Trustee – A Call to Service & Stewardship in Christ (booklet)

Catholic School Trustee – A Call to Service (pamphlet)

Current Issues Affecting Catholic Education (information binder)

Defining Catholic Education Distinctiveness – A Template of Services and Dimensions Specific to Catholic

School Boards

Discussion Kit: Our Catholic Schools – A Discussion on Ontario’s Catholic Schools and Their Future

Faith Reference Portfolio

Involving other Parents – The Primary Focus of a Catholic School Council

E d u c a t i n g T o g e t h e r

Ontario Catholic School Trustees’ Association (OCSTA)

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OCSTA Newsnotes (newsletter)

OCSTA Newswire (electronic bulletin)

Ontario Catholic School Graduate Expectations (Institute for Catholic Education)

Restructuring Guidelines – Maintaining the Vision in a Time of Transition

Safe Schools Act (Bill 81) - Implementation Guidelines

Sharing the Faith – A Testimonial to the Power of Catholic Education

Speaking as Brothers & Sisters

The Centrality of the Teacher to the Catholic School (brochure)

The Evolution of Catholic School Councils (booklet)

The Catholic School Trustee: Service & Stewardship in Christ

Trustees’ Prayer Book

Witnesses to Faith – The Expectations of Catholic School Board Trustees and Educators

The Enduring Gift – Catholic Education in the Province of Ontario – A Brief History

A Promise Fulfilled – Highlights in the Political History of Catholic Separate Schools in Ontario.

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Appendix C

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E d u c a t i n g T o g e t h e r

Ontario Catholic School Trustees’ Association (OCSTA)

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Appendix DONTARIO PUBLIC SCHOOL BOARDS’ ASSOCIATION (OPSBA)

439 University Avenue, 18th Floor, Toronto ON M5G 1Y8

Phone: (416) 340-2540

Fax: (416) 340-7571

E-mail: webmaster@opsba.org

Website: www.opsba.org

What Is OPSBA?

The Ontario Public School Boards' Association represents public district school boards and public school authorities

across Ontario, which together serve more than 1.2 million public elementary and secondary students and more

than a half-million adult learners. The Association articulates the best interests and needs of the public school

system to the Ontario government and its ministries.

Statement of Mission and Beliefs

OPSBA's mission is to promote and enhance public education by:

helping member boards to fulfil their mandates

developing effective partnerships with other groups interested in public education

providing a strong and effective voice on behalf of public education in Ontario.

OPSBA believes that the role of public education is to provide universally accessible education opportunities for all

students regardless of their ethnic, racial or cultural backgrounds, social or economic status, individual exceptionality,

or religious preference.

Excellence in education is achieved by:

promoting high standards of individual achievement

providing the understanding and basic skills required for active, compassionate participation in the life of

the family, the community, the province, the nation, and a global society

cultivating a love of learning

recognizing the value of diversity among learners and communities

exploring creative educational alternatives.

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To maintain excellence, the public school system must be accountable to the community it serves and must build

effective partnerships throughout the community.

Local, elected school boards play a key role in ensuring that schools remain responsive to both the program

requirements and the resource limitations of communities.

Membership

OPSBA strives to meet the needs of boards as corporate entities, and to meet the individual needs of trustees. A

public school board renews its corporate membership each year by passing a resolution of the board and paying

the annual membership fee. All trustees of a member board automatically become individual members of OPSBA

and can fully participate in all association activities, programs and decision-making processes. Individual

trustees do not pay membership fees.

Key Service Areas

Education FinanceLobbying and public awareness on education finances issues are significant priorities for the Association. The

development of the OPSBA Finance Database has allowed the Association to develop and deliver messages regarding

education finance with accurate, factual and current information. Additionally, member boards can contact OPSBA

staff with individual board requests for data and analysis.

The Finance Technical Team is an advisory group of business officials from OPSBA member boards who advise

OPSBA on issues relating to the development and enhancement of the OPSBA Finance Database. The Finance

Technical Team also provides advice to the Association on the technical aspects of government finance

announcements.

OPSBA monitors, researches and reports to member boards on government policies relating to legislation and

education finance. The Association develops discussion and position papers on education funding, governance,

and school board operations.

Labour Relations OPSBA provides member boards and other education stakeholders with information on labour relations and human

resources issues that affect public school boards in Ontario. Services to senior board staff and trustees include:

regular meetings of the Provincial Labour Relations Network; legal advice and analysis on relevant legislation; an

annual Labour Relations Symposium and workshops; and access to the Labour Relations Network (LabRnet). LabRnet

is a restricted internet website available to public and Catholic school boards throughout Ontario.

The website provides board practitioners and trustees with information on negotiations, legal opinions, Occupational

Health and Safety, education reform, and arbitrations, as well as a comprehensive searchable database of collective

agreements.

E d u c a t i n g T o g e t h e r

Ontario Public School Boards’ Association (OPSBA)

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Lobbying and Government Relations OPSBA directs government attention to the views of public school boards on public policy affecting public school

boards, the publicly-funded school system, and children’s issues. The Association routinely communicates with the

Minister of Education and senior government officials, and government members from all political parties.

While the Legislature is in session, OPSBA staff issue a legislative synopsis detailing the events that occurred that

are relevant to the education sector. This gives trustees and board staff the opportunity to quickly ascertain if

discussion occurred in the Legislature about an issue of concern to them, as well as information on any debates

that took place and the results.

Communications and Media Relations OPSBA works proactively with the media and maintains ongoing contact with reporters and journalists to ensure

that the collective views of public school boards are reflected in media coverage.

OPSBA works cooperatively with communications personnel at the school board level to facilitate information

sharing and consistent messaging on issues of concern.

Program and Student ServicesOPSBA advocates for its member boards and for all public school students with respect to curriculum matters,

assessment matters, learning programs and special education policy. This is done through participation on Ministry

committees and work teams, information-sharing, position papers and Ministry officials attending OPSBA events

and meetings.

Professional Development and Board Management Services OPSBA offers an informative and timely annual program of two-day conferences, one-day workshops, and seminars

to develop and refine the management and leadership skills of public school trustees. OPSBA also provides legal

and other professional advice to member boards on matters such as school board operations, conflict of interest,

tendering practices, provincial laws and regulations affecting school management, compliance on school closures,

copyright, and government legislation.

OPSBA has developed an on-line, interactive board member development program called the Board Learning Centre,

in partnership with provincial school board associations in Alberta, Saskatchewan, Manitoba. and Newfoundland

and Labrador, coordinated by the Canadian School Boards Association. The Board Learning Centre is a series of

web-based, multi-media training modules that define a curriculum of trusteeship, designed to strengthen school

board governance and provide timely, accessible and cost-effective training. The learning opportunities presented

on the BLC complement and support the face-to-face learning offered by boards and OPSBA events. The site is

password-protected for member boards and can be accessed from the OPSBA website.

Regional Services OPSBA coordinates regional meetings that focus on professional development, fast-breaking issues in education,

internal OPSBA business, and regional government relations activities.

Legal Defence for Public Education OPSBA maintains a legal defence fund for representing and defending the interests of all public school boards in

court challenges and in other legal matters that may arise.

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Appendix D

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E d u c a t i n g T o g e t h e r

Ontario Public School Boards’ Association (OPSBA)

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Appendix ECANADIAN CHARTER OF RIGHTS AND FREEDOMS, SECTION 23

Minority Language Educational Rights

Language Of Instruction Continuity of language instruction / Application where numbers warrant.

23. (1) Citizens of Canada

(a) whose first language learned and still understood is that of the English or French linguistic minority of the

province in which they reside, or

(b) who have received their primary school instruction in Canada in English or French and reside in a province where

the language in which they received that instruction is the language of the English or French linguistic minority

population of the province, have the right to have their children receive primary and secondary school instruction

in that language in that province.

(2) Citizens of Canada of whom any child has received or is receiving primary or secondary school instruction

in English or French in Canada, have the right to have all their children receive primary and secondary

language instruction in the same language.

(3) The right of citizens of Canada under subsections (1) and (2) to have their children receive primary and

secondary school instruction in the language of the English or French linguistic minority population of

a province

(a) applies wherever in the province the number of children of citizens who have such a right is sufficient to warrant

the provision to them out of public funds of minority language instruction; and

(b) includes, where the number of those children so warrants, the right to have them receive that instruction in

minority language educational facilities provided out of public funds.

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E d u c a t i n g T o g e t h e r

Canadian Charter Of Rights And Freedoms, Section 23

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ACÉPO L’Association des conseillères et des conseillers des écoles

publiques de l’Ontario. The association of school boards and

trustees serving Ontario’s French public school system. (SeeAppendix A in this handbook.)

ADFOAssociation des directions et des directions adjointes des écoles

franco-ontariennes. Members include school administrators in

French-language schools in Ontario. Related associations for

principals include OPC and CPCO.

AEFO Association des enseignantes et des enseignants francoontariens,

the french-language affiliate of the Ontario Teachers’ Federation.

AFOCSC L’Association franco-ontarienne des conseils scolaires catholiques.

The association of school boards and trustees serving Ontario’s

French Catholic school system. (See Appendix B in this handbook.)

ASFO Association des agents et agentes de supervision francoontariens.

Members include supervisory officers for French-language school

boards in Ontario. Related associations include OASBO, OCSBO,

OCSOA and OPSOA.

CODE Council of Ontario Directors of Education. Members include

directors of education from all four school board systems —

English public, English Catholic, French public and French

Catholic. (Also see ECCODE and CODELF.)

CODELF Conseil ontarien des directions d’éducation de langue française.

Members include French-language directors of education in

Ontario. (Also see CODE.)

co-instructional activities Activities other than instruction that support the operations of

a school and enrich the school-related experiences of students.

(Formerly known in a more narrow sense as extra-curricular

activities.)

COSBOCouncil of School Business Officials. Members includes Super-

intendents of Business or Senior Business Officials from all four

school board systems.

coterminous boards District school boards with the same or overlapping boundaries

(in other words, the English public, French public, French Catholic,

and English Catholic boards that serve some or all of the same

geographical area).

DSB District school board.

ECCODE English Catholic Council of Directors of Education. Members include

directors of education for English Catholic school boards. (Alsosee CODE.)

EDU Ministry of Education. An abbreviation used by the ministry in

some of its publications.

EETFEducation Equality Task Force. A Task Force, chaired by

Dr. Mordechai Rozanski, appointed by the Ministry of Education

to review certain aspects of the Student Focused Funding Model.

The Task Force released its report, also referred to as the Rozanski

Report, in December of 2002.

EIC Education Improvement Commission. The arm’s length agency of

the Ontario government established to oversee the amalgamation

of school boards to larger district school boards during the late

1990’s. The Commission also advised the Minister of Education on

certain issues. The Commission’s mandate ended in January 2000.

elementary level Junior Kindergarten to Grade 8. (Also see the definitions for Primary Division, Junior Division, and IntermediateDivision.)

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GLOSSARY OF TERMS

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EQAO Education Quality and Accountability Office. A crown agency

established in 1996 to measure and communicate the achieve-

ments of students, schools and school boards, through province-

wide assessments of students and through other indicators.

ETFO Elementary Teachers’ Federation of Ontario, an affiliate of the

Ontario Teachers’ Federation, representing English public elemen-

tary teachers.

First Nations The term generally used in this handbook in place of the term

Indian band. The term First Nations more appropriately reflects

the perspective of Native peoples.

ICT Information and Communication Technology.

IEP Individual Education Plan. A special education plan developed

for a student who has been identified as exceptional through an

IPRC process.

Intermediate Division Grades 7 to 10.

IPRC Identification, Placement and Review Committee. A committee

comprised of at least three individuals, at least one of whom

must be a principal or a supervisory officer, who decide whether

individual students should be formally identified as exceptional

for the purpose of providing special education support.

JK Junior Kindergarten.

Junior Division Grades 4 to 6.

LRALabour Relations Act.

MFIPPA Municipal Freedom of Information and Protection of Privacy Act.

OAC Ontario Academic Course. The senior academic year following

Grade 12 which was phased out as of June 2003.

OASBO Ontario Association of School Business Officials. Members include

administrators in school boards throughout Ontario. Related

associations include ASFO, OCSBO, OCSOA, COSBO and OPSOA.

OCSBO Ontario Catholic School Business Officials. Members include admin-

istrators in Catholic school boards throughout Ontario. Related

associations include ASFO, OASBO, OCSOA, COSBO and OPSOA.

OCSOA Ontario Catholic Supervisory Officers’ Association. Members include

supervisory officers for Catholic school boards throughout Ontario.

Related associations include ASFO, OASBO, OCSBO and OPSOA.

OCSTA Ontario Catholic School Trustees’ Association. (See Appendix Cin this handbook.)

OCT Ontario College of Teachers. A self-regulating professional body

which may confer, suspend or rescind the teaching certificates

of its members. The Ontario College of Teachers establishes and

implements standards for certification, teaching practice, and

professional development. It also accredits faculties of education.

OECTA Ontario English Catholic Teachers’ Association, an affiliate of the

Ontario Teachers’ Federation.

OENOntario Education Number. A number assigned to each student

by the Ministry of Education to facilitate data collection.

OESCOntario Educational Services Corporation. A non-profit organiza-

tion set up by the four school board associations (OPSBA, OCSTA,

ACEPO and AFOCSC) and the Council of Directors of Education

(CODE) to provide services to school boards, including the provi-

sion of Criminal Reference Background Checks for school board

employees and service providers.

OPC Ontario Principals’ Council. Related associations include ADFO

and CPCO.

OPSBA Ontario Public School Boards’ Association. (See Appendix D inthis handbook.)

E d u c a t i n g T o g e t h e r

Glossary Of Terms

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OPSOA Ontario Public Supervisory Officers’ Association. Members include

supervisory officers in public school boards throughout Ontario.

Related associations include OASBO, OCSBO, OCSOA and ASFO.

OSR Ontario Student Record.

OSS Ontario Secondary Schools, Grade 9 to 12: Program and Diploma

Requirements, 1999.

OSSD Ontario Secondary School Diploma.

OSSTF Ontario Secondary School Teachers’ Federation. The federation

representing English public secondary teachers.

OSSLTOntario Secondary School Literacy Test. A provincial test admin-

istered by EQAO and written by Grade 10 students to evaluate

their reading and writing skills to Grade 9 levels.

OTF Ontario Teachers’ Federation, an umbrella organization for the

following affiliates: OECTA, ETFO and AEFO. OSSTF is not affiliated

with OTF.

PIRLSProgress in International Reading Literacy Study. An international

assessment conducted through the International Association for

the Evaluation of Educational Achievement (IEA), involving a

random sampling of students in over 30 countries.

PISAProgramme for International Assessment. An international assess-

ment conducted through the Organization for Cooperation and

Development (OECD) involving a random sampling of students in

over 30 countries.

Primary Division Junior Kindergarten to Grade 3.

public school boards The non-denominational English and French school boards.

SAIP Student Achievement Indicators Program. Canada-wide tests con-

ducted through the Council of Ministers of Education of Canada.

school authorities Governing bodies for school systems in remote or distinct com-

munities that are not served by district school boards. School

authorities are divided denominationally into public school

authorities and Catholic school authorities. In this handbook,

the term school board is generally used to include both district

school boards and school authorities.

School councilsAdvisory bodies comprised of parents, community members and

others with a mandate to provide advice to the school principal

and the school board on certain matters.

SEAB Special Education Appeal Board. A committee established by a

school board to hear an appeal of an IPRC decision, either for or

against identifying a student as exceptional.

SEAC Special Education Advisory Committee. A committee established

by each school board to monitor the board’s special education

programs, services and plans.

secondary level Grades 9 to 12 (Also see the definitions for IntermediateDivision and Senior Division.)

Senior Division Grades 11 and 12.

SET Special Education Tribunal. A tribunal established by the Ministry

of Education to hear final appeals made by parents who disagree

with a board decision for or against identifying a student as excep-

tional. The appeal proceeds before the SET as a formal hearing

between the parents and the school board.

SK Senior Kindergarten.

TIMSSTrends International Mathematics and Science Study. Student tests

conducted through the International Association for the Evaluation

of Educational Achievement (IEA), involving a random sampling of

students in over 30 countries.

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Glossary Of Terms

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