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Page 1 of 98 Regular Board Meeting Tuesday, May 19, 2020 at 3:30p.m. Microsoft Teams Meeting Due to COVID-19 Pages AGENDA 1. CALL TO ORDER AND ACKNOWLEDGEMENT OF TRADITIONAL TERRITORY We begin our meeting by acknowledging that we are in the Traditional Territory of the Ojibway and Oji-Cree people of the Mattagami First Nation, located in Treaty 9 Territory, and the Métis who have chosen to settle in this area. 2. REGULAR SESSION The regular session of the Board meeting will be recorded. 3. ADOPTION OF AGENDA 4. CONFLICT OF INTEREST Trustees declaring a conflict of interest, must do so, in writing, with a log kept in the Chair’s office. 5. APPROVAL OF MINUTES i. Regular Board Meeting of May 5, 2020 3 6. BUSINESS AND/OR QUESTIONS ARISING OUT OF MINUTES 7. UNFINISHED BUSINESS 8. PRESENTATION 9. ADMINISTRATIVE REPORTS i. Cochrane Vice-Principal (Superintendent Niemi) ii. April 2020 Cash Disbursements (Superintendent Fong-West) iii. Policy 1.2.25 – Confidentiality of Staff Medical Records Policy for approval and 7 Procedure for receipt (Superintendent Rowe) iv. Policy 1.2.29 – Safe Workplaces & Learning Environments Policy for revocation 10 (Superintendent Rowe) v. Policy 2.1.25 – Indigenous (First Nation, Métis and Inuit) Voluntary 13

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Page 1: Regular Board Meeting AGENDA - District School Board ... - … · 2020-05-19  · • Shawn Donovan promoted from Acting Principal of Schumacher Public School to Principal of Schumacher

Page 1 of 98

Regular Board Meeting

Tuesday, May 19, 2020 at 3:30p.m. Microsoft Teams Meeting Due to COVID-19

Pages

AGENDA

1. CALL TO ORDER AND ACKNOWLEDGEMENT OF TRADITIONAL TERRITORY We begin our meeting by acknowledging that we are in the Traditional Territory of the Ojibway and Oji-Cree people of the Mattagami First Nation, located in Treaty 9 Territory, and the Métis who have chosen to settle in this area.

2. REGULAR SESSION The regular session of the Board meeting will be recorded.

3. ADOPTION OF AGENDA 4. CONFLICT OF INTEREST

Trustees declaring a conflict of interest, must do so, in writing, with a log kept in the Chair’s office.

5. APPROVAL OF MINUTES i. Regular Board Meeting of May 5, 2020 3

6. BUSINESS AND/OR QUESTIONS ARISING OUT OF MINUTES

7. UNFINISHED BUSINESS

8. PRESENTATION 9. ADMINISTRATIVE REPORTS

i. Cochrane Vice-Principal (Superintendent Niemi) ii. April 2020 Cash Disbursements (Superintendent Fong-West) iii. Policy 1.2.25 – Confidentiality of Staff Medical Records Policy for approval and 7

Procedure for receipt (Superintendent Rowe) iv. Policy 1.2.29 – Safe Workplaces & Learning Environments Policy for revocation 10

(Superintendent Rowe) v. Policy 2.1.25 – Indigenous (First Nation, Métis and Inuit) Voluntary 13

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Self-Identification Policy for approval, procedure for receipt (Director Dye) vi. Policy 1.2.7 – Flag Raising Policy and Procedure for receipt 20

(Superintendent Niemi) vii. Policy 1.2.8 – Copyright Policy & Fair Dealing Guidelines Policy and Procedure 26

For receipt (Superintendent Fong-West) viii. Policy 1.2.18 – Professional Student Services Personnel (PSSP) Performance 34

Appraisal Policy and Procedure for receipt (Superintendent Pladzyk) ix. Policy 2.1.17 – Canvassing and Fundraising Policy and Procedure for receipt 64

(Superintendent Fong-West) x. 2020-2021 Principal / Vice-Principal Selection Process (Director Dye) 73 xi. Distance Learning Family Survey Results (Superintendent Niemi) 74 xii. 2020-2021 Policy Review Schedule (Director Dye) 77 xiii. Graduation Updates (Director Dye)

10. COMMITTEE REPORTS 11. OTHER BUSINESS

12. ONTARIO PUBLIC SCHOOL BOARDS’ ASSOCIATION (OPSBA)

i. OPSBA Report (Trustee Henderson)

13. MINISTRY OF EDUCATION

i. Memo: May 6, 2020: Update on School Construction Activity During COVID-19 78 ii. Memo: May 8, 2020: Updates on Continuity of Learning for the Extended School 79

Closure Period iii. Memo: May 11, 2020: Child Care Sustainability Plan 85 iv. Memo: 2020: B07: Voluntary Redeployment 86

14. CORRESPONDENCE

i. OPSBA Member Board Correspondence from the Upper Grand DSB 98

15. STUDENT TRUSTEE REFLECTIONS

16. ITEMS FOR FUTURE MEETINGS

i. September 8, 2020: Strategic Plan Year Two Implementation ii. Fall 2020: Innovation, Equity, Culture: iPad Initiative Update and Next Steps

17. ADJOURNMENT

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Approval of Minutes: Regular Board Meeting of May 5, 2020

Regular Board Meeting Tuesday, May 5, 2020 @ 3:30 pm

Microsoft Teams Meeting Due to COVID-19

MINUTES

TRUSTEES PRESENT (Microsoft Teams Meeting) Bob Brush, Chair Dennis Draves, Vice Chair Howard Archibald – 3:44 p.m. Val Fuller Tom Henderson Steve Meunier – Voice Call via Microsoft Teams Brian Peever Rosemary Pochopsky Cindy Pye-Reasbeck Doug Shearer TRUSTEES ABSENT Ken Steinbrunner STUDENT TRUSTEES PRESENT (Microsoft Teams Meeting) Ryan Dailey Ethan Hurtubise STUDENT TRUSTEES ABSENT Kaytlyn Julien ADMINISTRATION PRESENT (Microsoft Teams Meeting) Lesleigh Dye - Director of Education Pearl Fong-West - Superintendent of Business/Finance and Treasurer Kristen Niemi - Superintendent of Education Jo-Anne Plaunt - Superintendent of Education Steven Pladzyk - Superintendent of Education Jim Rowe - Superintendent of Human Resources ADMINISTRATION ABSENT RECORDING SECRETARY (Microsoft Teams Meeting) Melanie Carr - Executive Assistant to the Director of Education Lesleigh Dye

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STAFF PRESENT (Microsoft Teams Meeting) Melanie Carr - Executive Assistant to the Director of Education, Lesleigh Dye Andréanne Denis - Communications Officer Larry Souliere - Information Services Coordinator IN-CAMERA SESSION NIL CALL TO ORDER Chair Bob Brush called the Regular Session meeting to order at 3:32 p.m. The meeting opened with the land acknowledgement of our being on the Traditional Territory of the Ojibway and Oji-Cree people of the Mattagami First Nation, located in Treaty 9 Territory, and the Métis who have chosen to settle in this area. 7515-20 FULLER / HENDERSON THAT this Board resolve itself into a Committee of

the Whole Regular Session. CARRIED

ADOPTION OF AGENDA 7516-20 POCHOPSKY / SHEARER THAT the agenda for the Regular Board Meeting

dated May 5, 2020 be approved. CARRIED

CONFLICT OF INTEREST Trustees were asked to declare conflicts of interest as they arise and must do so in writing in the log kept in the Chair’s office. APPROVAL OF MINUTES 7517-20 DRAVES / FULLER THAT the Board approve the minutes of the Regular

Board meeting held April 21, 2020. CARRIED

PRESENTATIONS NIL ADMINISTRATIVE REPORTS 7518-20 PEEVER / HENDERSON THAT the Board approve the Principal and Vice Principal

Promotions, Transfers and Placements for the 2020-2021 School Year with the following: • Doug Turcotte transferred from Timmins High and

Vocational School to Golden Avenue Public School • Greg Vincze transferred from Timmins High and

Vocational School to Pinecrest Public School

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• Barry Promane promoted from Acting Vice Principal of Timmins High & Vocational School to Vice Principal of R Ross Beattie Public School

• Shawn Donovan promoted from Acting Principal of Schumacher Public School to Principal of Schumacher Public School

• Al McLean transferred from Pinecrest Public School to Timmins High and Vocational School

• Lisa Innes transferred from 1.0 Indigenous System Lead to 0.5 Indigenous System Lead and 0.5 Vice Principal at Timmins High and Vocational School

• Jamie Johnston transferred from R Ross Beattie Public School to Timmins High and Vocational School

• Chad Dagenais promoted from Vice Principal of Cochrane Public School to Principal of Diamond Jubilee and Smooth Rock Falls Public School

• Kevin McRae transferred from Diamond Jubilee Public School and Smooth Rock Falls Public School to Kapuskasing District High School

CARRIED

7519-20 SHEARER / PYE-REASBECK THAT the Board approve the 2020-2021 Policy Review Schedule.

CARRIED

7520-20 ARCHIBALD / DRAVES THAT the Board approve the revised Policy 1.2.20 – Advocacy and receive the associated Operational Procedures.

CARRIED 7521-20 POCHOPSKY / ARCHIBALD THAT the Board receive the following items, under

Administrative Reports: • Policy 1.2.25 – Confidentiality of Staff Medical

Records Policy and Procedure • Policy 1.2.29 – Safe Workplaces & Learning

Environments Policy and Procedure • Policy 2.1.25 – Indigenous (First Nation, Métis and

Inuit) Voluntary Self-Identification Policy and Procedure

• School Energy Coalition Summary Status Report – March 31, 2020

CARRIED

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COMMITTEE REPORTS 7522-20 PEEVER / HENDERSON THAT the Board approve the minutes of the Human

Resources Committee Meeting held April 21, 2020 CARRIED

OTHER BUSINESS 7523-20 PYE-REASBECK / DRAVES THAT the Board receive the April 28, 2020 Staples

Canada press release highlighting Randy Swain of Kapuskasing District High School as a “2020 Staples Superpower your School” Contest winner.

CARRIED ONTARIO PUBLIC SCHOOL BOARDS’ ASSOCIATION (OPSBA) 7524-20 POCHOPSKY / SHEARER THAT the Board receive the Ontario Public School

Boards’ Association (OPSBA) verbal report. CARRIED

MINISTRY OF EDUCATION 7525-20 FULLER / SHEARER THAT the Board receive the following correspondence

from the Ministry of Education: • Memo: April 21, 2020: Continuity of Learning for

Students with Special Education Needs and Mental Health Supports.

• Memo: April 28, 2020: School Year Updates • Memo: April 29, 2020: DSB ONE – O Reg 444-98-

Disposition of 30 acres of vacant land in Lebel • Memo: May 1, 2020: Regulatory Changes to the

Education Act to Address Student Trustee Elections • Memo: 2020: B06: 2019-20 Grants for Student

Needs (GSN) In-year Regulation Amendments CARRIED

CORRESPONDENCE NIL STUDENT TRUSTEE REFLECTIONS Student Trustees are drafting a survey to students, with input from Director Dye, Superintendent Plaunt, Trustee Draves and Trustee Pye-Reasbeck to collect student information on e-learning. Newly elected Student Trustees Gagnon and Glover will be included in the process. ADJOURNMENT 7526-20 HENDERSON DRAVES THAT we do now adjourn.

CARRIED The meeting was adjourned at 4:20 p.m. ___________________________________ ___________________________________ SECRETARY OF THE BOARD CHAIR OF THE BOARD

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Policy 1.2.25 – Confidentiality of Staff Medical Records

AGENDA REF. NO. 2020-05-19 TO THE CHAIR AND TRUSTEES OF DISTRICT SCHOOL BOARD ONTARIO NORTH EAST RE: Policy Review – 1.2.25: Confidentiality of Staff Medical Records BACKGROUNDER Upon review of policy 1.2.25: Confidentiality of Staff Medical Records, by the Human Resources Department, it is our position that changes were not required. As a result, it is the recommendation from the Human Resources Department that the policy 1.2.25 remains as it currently written. RECOMMENDATION: THAT the Board approve the revised Policy 1.2.25 – Confidentiality of Staff Medical Records, and its associated procedures, for review.

Respectfully submitted,

Name Superintendent of Education Lesleigh Dye Director of Education

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Policy 1.2.29 – Safe Workplaces & Learning Environments

AGENDA REF. NO. 2020-05-19 TO THE CHAIR AND TRUSTEES OF DISTRICT SCHOOL BOARD ONTARIO NORTH EAST RE: Policy Review – 1.2.29: Safe Workplaces and Learning Environments BACKGROUNDER Upon review of policy 1.2.29: Safe Workplaces and Learning Environments, by the Human Resources Department, it is our position that the policy and related procedures did not provide any relevant information as they simply referred the reader to other policies within the Board. As a result, the recommendation from the Human Resources Department is that policy 1.2.29 and its related procedures be removed. RECOMMENDATION: THAT the Board revoke Policy 1.2.29 – Safe Workplaces and Learning Environments as its content and purpose is embedded in other board policies.

Respectfully submitted,

Name Superintendent of Education Lesleigh Dye Director of Education

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Policy 2.1.25 – Indigenous (First Nation, Métis and Inuit) Voluntary Self-Identification

AGENDA REF. NO. 2020-05-19 TO THE CHAIR AND TRUSTEES OF DISTRICT SCHOOL BOARD ONTARIO NORTH EAST RE: Revised Policy 2.1.25 - Indigenous (First Nation, Métis and Inuit) Voluntary Self-Identification BACKGROUNDER Policy and Procedure 2.1.25 – Indigenous (First Nation, Métis and Inuit) Voluntary Self-Identification was due to be reviewed and updated. District School Board Ontario North East is committed to ensure that all students have equitable access to educational programs and strives to support all students in achieving academic success and well-being. The purpose of the Policy is to ensure, in accordance with the Ministry of Education’s First Nation, Métis and Inuit Policy Framework, students who identify as Indigenous will have the opportunity to self-identify. Trustee Archibald, Trustee Fuller, Trustee Pye-Reasbeck, Indigenous System Lead Innes, and Administrative Council reviewed the policy. The Policy is to be received by the Board of Trustees. The Procedures related to this Policy are included for information. RECOMMENDATION: THAT the Board approve the revised Policy 2.1.25 - Indigenous (First Nation, Métis and Inuit) Voluntary Self-Identification.

Lesleigh Dye Director of Education

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Policy 1.2.7 – Flag Raising Agenda Ref. No. 2020-05-19

TO THE CHAIR AND MEMBERS OF DISTRICT SCHOOL BOARD ONTARIO NORTH EAST RE: Flag Raising Policy and Procedure BACKGROUNDER: Policy and Procedure 1.2.7, Flag Raising, was due to be reviewed and updated. It is the policy of District School Board Ontario North East to display flags with dignity and respect. This policy is aligned with and supports the principles and expectations of the Board’s policies for Safe Schools and Equity and Inclusive Education. At all times, this policy shall be consistent with all DSB1 policies and the Ontario Human Rights Code. The National Flag of Canada and the Provincial Flag of Ontario shall fly at all DSB1 schools and sites and be displayed in all schools, in accordance with Regulation 298, Section 5 of the Education Act. Administrative Council reviewed the policy. School principals/vice-principals and the Building Services department was also consulted. The policy is to be received by the Board of Trustees. The procedure related to this policy is included for information. RECOMMENDATION: THAT the Board receive the revised Flag Raising Policy and Procedure.

Respectfully submitted,

Kristen Niemi Superintendent of Education

Lesleigh Dye Director of Education

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Policy 1.2.8 – Copyright Policy & Fair Dealing Guidelines AGENDA REF. NO. 2020-05-19

TO THE CHAIR AND TRUSTEES OF DISTRICT SCHOOL BOARD ONTARIO NORTH EAST RE: Revised Policy and Procedure 1.2.8 Copyright Policy and Fair Dealing Guidelines BACKGROUNDER As part of our ongoing efforts to review and revise Board policies on a regular basis, Policy and Procedure 1.2.8 Copyright Policy and Fair Dealing Guidelines have been reviewed by Trustee Brian Peever and Administrative Council. In June 2012, Canada’s parliament passed Bill C-11, the Copyright Modernization Act, which resulted in an updated and renewed Canadian Copyright Act. This legislation clarified Canada’s copyright regime and established a clear legal framework for the digital age along with a clause which clarified that teachers and students may use publicly available internet materials for their learning and educational pursuits. It provided certainty to teachers and students to know that they are not contravening copyright when using these materials within the fair-dealing provision. Review of the policy is to ensure that we are complying with the Fair Dealing Guidelines as developed by the Council of Ministers of Education Canada (CMEC) with the guidelines provided by the decisions of the Supreme Court of Canada. RECOMMENDATION: THAT the Board receive the revised Policy 1.2.8 Copyright Policy and Fair Dealing Guidelines.

Respectfully submitted,

Pearl Fong-West Superintendent of Education Lesleigh Dye Director of Education

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Policy 1.2.18 – Professional Student Services Personnel (PSSP) Performance Appraisal

Agenda Ref. No. 2020-05-19

TO THE CHAIR AND MEMBERS OF DISTRICT SCHOOL BOARD ONTARIO NORTH EAST RE: Professional Student Services Personnel Performance Appraisal Policy Backgrounder: The Professional Student Services Personnel Performance Appraisal Policy and Procedure was due for revision this year. This policy was revised after consultations with our Leads who have the responsibilities for supervision of this employee group. The employee group includes Child and Youth Workers, Attendance Counsellors, Indigenous Student Advisors and Regional School Social Workers. RECOMMENDATION: THAT the Board receive the revised Professional Student Services Personnel Performance Appraisal policy.

Respectfully submitted,

Steve Pladzyk Superintendent of Education

Lesleigh Dye Director of Education

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Policy 2.1.17 – Canvassing and Fundraising AGENDA REF. NO. 2020-05-19

TO THE CHAIR AND TRUSTEES OF DISTRICT SCHOOL BOARD ONTARIO NORTH EAST RE: Revised Policy and Procedure 2.1.17 Canvassing and Fundraising BACKGROUNDER As part of our ongoing efforts to review and revise Board policies on a regular basis, Policy and Procedure 2.1.17 Canvassing and Fundraising have been reviewed by Trustee Brian Peever and Administrative Council. Review of the policy is to ensure that we are complying the Ministry of Education’s Memo on Fundraising Guidelines, Ontario Regulation 289: Operation of Schools and the Ontario Association of School Business Officials Finance Committee guidelines on School Generated Funds. Changes to the policy include the definition of crowdfunding and our re-commitment to acknowledge and support fundraising and canvassing activities that increase student engagement, support a healthy learning environment and build strong partnerships. Changes to the procedures include enhanced accountability steps to safeguard the funds raised and to ensure that the fundraising projects are transparent and properly reported. Crowdfunding is defined and prohibited to be used for soliciting funds or donations. RECOMMENDATION: THAT the Board receive the revised Policy 2.1.17 Canvassing and Fundraising.

Respectfully submitted,

Pearl Fong-West Superintendent of Education Lesleigh Dye Director of Education

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Principal/VP Selection Process, 2020-2021 May 2020

Process to include:

• Host an information session to explain the process (Room 101 and VC to various sites) • Application Package: resume, cover letter, 4 references, one page highlighting the three

priorities of innovation, equity and culture • References to be contacted if the application package meets the criteria • Site Visit (one hour visit to the school by a SO, elementary P and secondary P) if the

references meet the criteria • Interview for candidates who met the criteria during the site visit

Tuesday, October 13, 2020

• Host information session Tuesday, October 20, 2020

• Send out posting for interested P/VPs both internal and external Monday, November 2, 2020

• Application packages are due Week of November 9, 2020

• SOs to score the resume, cover letter and one pager • Director to complete reference checks for successful candidates

December/January

• Site visits (Team to include SO and 2 Ps) Wednesday, March 10, 2021

• Interviews and place successful candidates into a P and VP pool Tuesday, April 20, 2021

• Bring suggested transfer and placements to the Human Resources Committee (In-Camera)

Tuesday, May 4, 2021

• Transfer and placements for approval to the Board

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Distance Learning Family Survey Results

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2020-2021 Policy Review Schedule

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Memo: May 6, 2020: Update on School Construction Activity During COVID-19 From: "Ministry of Education (EDU)" <[email protected]> Date: Wednesday, May 6, 2020 at 14:54 To: "Ministry of Education (EDU)" <[email protected]> Subject: Update on School Construction Activity During COVID-19 | Mise à jour au sujet des activités de construction pendant la COVID-19 Memorandum to: Directors of Education

School Business Officials Secretary/Treasurers of School Authorities

From: Nancy Naylor Deputy Minister of Education

We thank you and your staff for all of your efforts in complying with the COVID-19 emergency orders, including those that have resulted in the halting of current capital projects, to keep Ontarians safe. As a follow-up to the Province’s announcement on May 1, 2020, certain businesses and workplaces may have reopened as of May 4, 2020, as long as they comply with strict public health measures and operate safely during the COVID-19 outbreak. We can confirm that school construction projects have been identified as one of these workplaces. Specifically, construction projects and services that support the operations of, and provide new capacity in, schools and child care centres within the meaning of the Child Care and Early Years Act, 2014. Schools are critical infrastructure, and they are an essential part of supporting student achievement, as well as providing safe and healthy learning environments for our students and work environments for school staff. As school boards are best situated to understand their own particular circumstances, the ministry is asking that school boards consider whether their construction projects are able to reopen in light of these changes. This may mean that boards will need to consult with their own legal counsel, as appropriate. Although certain businesses are being permitted to reopen, it is critical that people continue to stay home, practice physical distancing and only go out for essential reasons. If you have any questions or require additional information, please contact: Didem Proulx, ADM, Capital and Business Supports Division (416) 885-2946, Paul Bloye, Director Capital Program Branch (416) 325-8589 or Andrea Dutton, Director Capital Policy Branch (416) 325-1705.

Thank you for your ongoing cooperation. Sincerely, Nancy Naylor Deputy Minister c: Chief Administrative Officers, Consolidated Municipal Service Managers (CMSMs) and

District Social Services Administration Boards (DSSABs) Managers, Directors and/or General Managers, CMSMs and DSSABs Tony Pontes, Executive Director, Council of Ontario Directors of Education (CODE)

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Memo: May 8, 2020: Updates on Continuity of Learning for the Extended School Closure Period From: "Ministry of Education (EDU)" <[email protected]> Date: May 8, 2020 at 5:36:02 PM EDT To: "Ministry of Education (EDU)" <[email protected]> Subject: Updates on Continuity of Learning for the Extended School Closure Period | Mises à jour sur la continuité de l’apprentissage pendant la période de fermeture prolongée des écoles

Memorandum To: Chairs of District School Boards Directors of Education School Authorities

From: Stephen Lecce Minister of Education Nancy Naylor Deputy Minister

Thank you for your continued commitment to supporting students during the school closure period. We have heard so many inspiring stories from across the province of students, parents, and educators doing extraordinary work to continue learning and build and maintain relationships at this time. During this time, the mental health and well-being of students and the people working in the education system remains a priority. The government and school boards have moved rapidly to mobilize critical mental health resources and supports for students during these uncertain times. As you know, the school closure period has been extended to at least May 31, 2020. To that end, we are writing to provide guidance on provincial standards for continuity of learning for the remainder of the closure period, as well as to provide updates on progress to date. GUIDANCE FOR CONTINUITY OF LEARNING As we entered the school closure period, our transition to Learn at Home was aided by existing tools that were in place to support virtual learning. The ministry provides Ontario’s Virtual Learning Environment (VLE) at no cost to educators in school boards and First Nation/federally operated schools to use for delivering online programming. As a learning management system, the VLE provides tools for both synchronous and asynchronous learning delivery. Boards may already have access to other synchronous learning management systems and tools, such as Google Classroom or Edsby. While the expectation of the ministry was that educators would embrace the use of synchronous learning during the school closure period, there has been an inconsistent uptake of this mode of learning. As such, this memo is providing clarity on the ministry position.

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Recognizing there are a wide range of modalities that are used in the continuum of learning between educators and their students, the ministry’s expectation is that synchronous learning be used as part of whole class instruction, in smaller groups of students, and/or in a one-on-one context. We know that parents and students are looking for ways to interact with their teachers - which can be addressed through multiple modalities - and that online synchronous learning experience with teachers and education workers is an effective and supportive method that will position students to succeed during the school closure period. Similarly, parents expect their child’s educators to strive toward as normal a learning environment as possible during this period, of which synchronous learning is a key component. Boards should take steps to ensure that privacy considerations are addressed and that students are aware of best practices, including not giving out passwords, ensuring that teachers are the last person to leave a synchronous meeting, and respecting other board policies on student conduct. We recognize that there may be exceptional situations where synchronous online delivery may not be possible for all students. Exceptions could include, for example, where a parent has excused their child from instruction or this form of instruction, in which case a parent’s wishes should be respected. If a student cannot participate due to a lack of devices or internet connectivity, or where students require accommodations for special education needs, alternate arrangements must be made, including personal outreach through phone calls. With that in mind, it is insufficient for educators to communicate with their students in one interaction per week, for example. We recognize that school boards have made extraordinary efforts to ensure that students have devices and connectivity wherever possible, and we once again reiterate our expectation that boards provide necessary technology to students as soon as possible, and appropriate accommodations for students with special education needs, where necessary. The ministry will continue to support school boards in these efforts. If a teacher or education worker does not feel they can currently deliver education to their students in this manner, schools and boards are encouraged to provide support and professional development. However, in situations where teachers or education workers are not delivering synchronous learning, schools and boards are expected to immediately move to a team assignment approach to ensure that students are offered synchronous delivery of teacher led learning. School boards should continue to follow the guidance provided on March 31, 2020 regarding the hours per student, per week, and the suggested areas of curriculum focus by grade groupings. UPDATES ON PROGRESS TO DATE Working Together Between April 15 and 29, the ministry conducted a series of meetings beginning with Parent Involvement Committee Chairs and extending to include meetings with the following key roles responsible for supporting vulnerable students: Student Success and Student Effectiveness Leads, Indigenous Graduation Coaches, and Black Student Graduation Coaches. These

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meetings provided a venue for board leads to share successful practices and ongoing challenges to supporting vulnerable students and identify additional ways to offer support. During these meetings, partners in school boards shared information on the many ways they are addressing the needs of vulnerable students, their wellbeing, and academic success. The ministry will continue to work with partners to determine ways to support student well-being, engagement in learning, and inclusive approaches to learning within a remote learning environment, as well as when students return to school. Access to Technology Access to internet connectivity and learning devices has been identified by school boards and other stakeholders as an urgent need during the school closure period. In response to this need, the ministry launched an education-related call for proposals on the Ontario Together web portal, focused on supporting equity of access to remote learning. Through this initiative, the ministry will identify proposals that school boards may wish to consider to support student and educator access to internet connectivity and devices such as computers, tablets, and portable wi-fi hotspots. As well, school boards may also wish to consider consulting other partners and sources, such as OECM, to consider comparable services and goods. As we prepare for the eventual return to the classroom, broadband modernization activities in schools continue. All Ontario students and educators in publicly funded schools will have access to reliable, fast, secure and affordable internet services at school, in all regions of the province including rural and northern communities. This work will be complete in secondary schools by September 2020 and in elementary schools by September 2021. As of March 31, 2020, broadband modernization was complete at 1,983 schools (including 403 in northern communities and 686 in rural communities) and in progress at 2,953 schools (including 99 in northern communities and 408 in rural communities). Ensuring protection of privacy and security of digital learning resources is of the utmost importance for the ministry to support a safe, inclusive and accepting learning environment for synchronous learning. While school boards remain independently accountable for establishing clear policies and approving appropriate use of collaboration tools to support students’ learning online, we will continue to work with boards and our government partners to provide guidance on cyber security and privacy best practices for sharing with educators in your schools. School Construction Schools are an essential part of supporting student achievement, as well as providing safe and healthy learning and work environments for students and staff. As we head into the spring and summer months, when school boards undertake critical capital construction and renewal projects, the province has revised the list of essential workplaces to support school infrastructure. Construction projects and services (e.g. new construction, maintenance and repair) that support the essential operation of, and provide new capacity in, schools and child care centres can proceed, provided that there is strict adherence to health and safety requirements.

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As school boards are best situated to understand their own particular circumstances, the ministry is asking that school boards consider whether their construction projects are able to reopen in light of these changes. This may mean that boards will need to consult with their own legal counsel, as appropriate. Learn at Home/Apprendre à la maison Learn at Home/Apprendre à la maison was launched on March 20, 2020. This website provides supplemental resources for parents and students to support independent learning at home while schools are closed. Learn at Home/Apprendre à la maison includes learning resources on a variety of subjects including math, science, technology, Indigenous history and ways of knowing, art, physical education, social sciences, and mental health. Supports for students with learning disabilities and special education needs, including autism, have also been included. Resources continue to be added to address a range of learning needs. Over the past month, there have been over four million visits to Learn at Home/Apprendre à la maison. We encourage you to continue to share this website and promote the new resources available with parents and students in your board. If there are additional high-quality online learning resources that you think would be particularly beneficial to students and parents at this time, we encourage you to share them with us by emailing [email protected]. School Mental Health Ontario School Mental Health Ontario – a provincial implementation support team that works alongside the ministry, school boards, and provincial education and health organizations to develop a systematic and comprehensive approach to school mental health – has several resources available to support families during the school closure period (https://smho-smso.ca/blog/how-to-support-student-mental-health-during-the-covid-19-pandemic/). Professional development Through webinars, the ministry is providing professional development to support educators in the use of the VLE and pedagogy for remote, synchronous and asynchronous learning. In addition, the ministry is providing professional learning webinars for educators on specialised topics such as supporting students with special education needs, kindergarten/primary education and meaningful assessments and evaluations. To date, more than 23,000 teachers have participated in, or registered for future webinars, on 34 different topics. Completed webinars have been recorded and posted for teachers who were unable to attend the live session. In addition to the webinar series, the ministry has created the Supports for Virtual Learning eCommunity. Over 9,000 educational staff have accessed this professional learning community, including resources for self-serve learning that are updated regularly. First Nation and Indigenous partners

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The ministry continues to support First Nation education partners during the school closure period. This has included providing access to online education resources, connecting First Nation partners to the supply chain to purchase Chromebooks and iPads, as well as encouraging local school boards to work closely with local First Nations and Indigenous partners, where possible. In addition to supporting educators through teleconferences in areas/communities where bandwidth is limited or unavailable, the ministry has responded to outreach from First Nation partners and has established a series of ongoing virtual meetings with First Nations Education Task Teams. The Task Teams were established to work collaboratively with First Nation education leadership, to identify gaps in services and develop options to address emerging priorities for First Nation students. We are also ensuring that First Nation educators have access to Ontario’s VLE and training for teachers provided by the ministry. There is no cost to the First Nation schools to access and use the VLE. Summer learning The ministry is working with boards and organizations to support an expanded offering of summer learning opportunities. This plan will focus on programs that support student learning through the summer such as summer school, course upgrading, and gap-closing programs for vulnerable students, students with special education needs, and Indigenous students. This plan will be flexible to accommodate both remote and face-to-face learning, pending emergency measures through the summer. While summer learning opportunities are voluntary for students, we hope that many students will take advantage of the opportunity to continue their learning throughout the summer. The goal with these measures is to mitigate the impacts of the school closure period and the learning loss that may typically occur during the summer. Further details will be provided in the coming weeks. Communication with parents and families We recognize that many boards are creating opportunities for parents to provide feedback on the current learning experience through surveys and other platforms, as well as continuing to seek the advice of their Parent Involvement Committee (PIC). Through a virtual meeting with PIC chairs at the end of April, the ministry heard that parents appreciate the efforts their boards are making to address a variety of diverse family challenges due to the pandemic. We encourage boards to continue to be open to feedback and to recognize where delivery of education under current circumstances can be challenging, and can be adjusted to better serve students and families. Thank you once again for your flexibility and willingness to work together to support Ontario’s students. Sincerely,

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Stephen Lecce Nancy Naylor Minister of Education Deputy Minister c: President, Association des conseils scolaires des écoles publiques de l'ontario

(ACÉPO) Executive Director, Association des conseils scolaires des écoles publiques de l'ontario (ACÉPO) President, Association franco-ontarienne des conseils scolaires catholiques (AFOCSC) Executive Director, Association franco-ontarienne des conseils scolaires catholiques (AFOCSC) President, Ontario Catholic School Trustees' Association (OCSTA) Executive Director, Ontario Catholic School Trustees' Association (OCSTA) President, Ontario Public School Boards' Association (OPSBA) Executive Director, Ontario Public School Boards' Association (OPSBA) Executive Director, Council of Ontario Directors of Education (CODE) President, Association des enseignantes et des enseignants franco-ontariens (AEFO) Executive Director and Secretary-Treasurer, Association des enseignantes et des enseignants franco-ontariens (AEFO) President, Ontario English Catholic Teachers’ Association (OECTA) General Secretary, Ontario English Catholic Teachers’ Association (OECTA) President, Elementary Teachers’ Federation of Ontario (ETFO) General Secretary, Elementary Teachers’ Federation of Ontario (ETFO) President, Ontario Secondary School Teachers’ Federation (OSSTF) General Secretary, Ontario Secondary School Teachers’ Federation (OSSTF) Chair, Ontario Council of Educational Workers (OCEW) Chair, Education Workers’ Alliance of Ontario (EWAO) President of OSBCU, Canadian Union of Public Employees – Ontario (CUPE-ON) Co-ordinator, Canadian Union of Public Employees – Ontario (CUPE-ON)

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Memo: May 11, 2020: Child Care Sustainability Plan

From: "Ministry of Education (EDU)" <[email protected]> Date: May 11, 2020 at 1:04:10 PM EDT To: "Ministry of Education (EDU)" <[email protected]> Subject: Memo to School Boards: Child Care Sustainability Plan / Note de service aux conseils scolaires : plan de viabilité des services de garde d’enfants

Memorandum to: Directors of Education

Secretary/Treasurers of School Authorities

From: Nancy Naylor Deputy Minister of Education

Subject: Memo to School Boards: Child Care Sustainability Plan

I would like to acknowledge your ongoing support for children and families during the COVID-19 outbreak. Your commitment and continued partnership have been crucial during these challenging times. One of the ministry’s key priorities and areas of focus has been on supporting the child care and early years sector. Since March 17, 2020, child care centres (with the exception of those approved to provide emergency child care) and EarlyON Centres have been ordered to close by a provincial Emergency Order. To support licensed child care providers to remain stable so they are ready to open when parents return to work, the ministry is providing funding for fixed overhead costs, like rent and lease payments, to eligible licensed child care operators throughout the province. To support this commitment, we are requiring that school boards not charge licensed child care centres or EarlyON Child and Family Centres located in schools any accommodation costs during the closure period. I understand that some boards have already taken this step. We also ask that school boards find safe and healthy ways to permit child care operators to enter their centres located in schools in order to retrieve items they require, like laptops and files. These materials and tools will be needed by child care operators to implement their sustainability plans and apply for federal supports. Thank you for your continued efforts and ongoing cooperation. Sincerely, Nancy Naylor Deputy Minister c: Senior Business Officials

Chief Administrative Officers, Consolidated Municipal Service Managers (CMSMs) and District Social Services Administration Boards (DSSABs) Managers, Directors and/or General Managers, CMSMs and DSSABs Executive Director, Council of Ontario Directors of Education (CODE)

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Memo : 2020: B07 : Voluntary Redeployment Memorandum to: Directors of Education

From: Nancy Naylor Deputy Minister of Education

Subject Voluntary Redeployment

As COVID-19 continues to impact all Ontarians, with the help of school boards, teachers and education workers, Ontario’s education system has maintained its focus on supporting student learning. I want to thank you for your support, collaboration, and advice on our responses to the outbreak. However, there are others in our communities that are facing staffing shortages, and I know that there are many education sector employees that want to help while school closures remain in effect. I encourage everyone that is willing and able to come forward and volunteer for redeployment to help in our communities that are in dire need of our support. Over the past two weeks, the ministry, along with trustees’ associations and union representatives worked together on a plan to help address staffing shortages in other sectors, such as hospitals, long-term care homes, retirement homes and other residential congregate care settings (e.g. developmental services). This work resulted in a framework for temporary voluntary redeployments of school board employees to support the province’s most vulnerable citizens, endorsed, in principle, by all four trustees’ associations, and the following unions and councils of unions at the provincial/central level:

• Association des enseignantes et des enseignants franco-ontariens (AEFO) • Canadian Union of Public Employees (CUPE) • Education Workers’ Alliance of Ontario (EWAO) • Elementary Teachers' Federation of Ontario (ETFO) • Ontario Secondary School Teachers’ Federation (OSSTF) • Ontario English Catholic Teachers’ Association (OECTA)

This framework will give employees an opportunity to volunteer through an online provincial portal where they can self-identify their skills/abilities, geographic location and availability, among other things. There is a need in almost every skill set which are often transferable to other settings. This is not for clinical support, unless a person is registered with those skills, but rather non-clinical supports. They would then be matched with local employers that need their services. School boards are also encouraged to reach out to their third-party food service providers to discuss the potential where contracts are still in place, if they have staff that have not been laid-off by their school board that would be interested in volunteering for redeployment (food services is another area of staff shortages). Those who are matched and agree to temporary redeployment will remain employed by the school board and shall continue to be covered by the terms of their collective agreement, including compensation, with some exceptions as circumstances require (i.e. shift assignments). An employee can choose to end their redeployment at any time, but redeployment only lasts during the emergency order period. Redeployment can also cease should the school board require the employee back, or based on the decision of the receiving employer. Temporarily redeployed employees will be eligible for the pandemic premium pay if matched to eligible institutions (e.g. long-term care homes) and working in an eligible role.

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Emergency orders are in place that allow for volunteers who are matched to be eligible for emergency child care, should it be necessary, and clarify that although redeployed the employee remains an employee of the school board. Whether to volunteer to be redeployed or not is a highly personal decision. Training and safety equipment will be provided to help ensure everyone’s safety, but employees should know there is always a degree of risk. I wish to thank those in advance who are willing and able to be redeployed. While it is important to attempt to address the critical staff resource needs in our communities, this initiative is not intended to interfere with employees who are required to support Continuity of Learning in the education sector. These employees are not eligible for temporary redeployments. This includes instructional and special education teachers, and certain IT employees. Most other employees are eligible, subject to the local school board’s operational needs. In addition, occasional teachers and casual education worker staff who are not currently working and potentially receiving federal supports are also eligible. If these occasional teachers and casual workers volunteer and are matched for temporary redeployment, they will be rehired by the school board, and become eligible for the pandemic premium pay and emergency child care. School boards will be required to work with the temporarily redeployed employee, their union and the receiving employer to track redeployment hours worked, and overtime to compensate those redeployed. Salaries for those that were laid-off by their school board, overtime pay and the pandemic premium amounts will be funded by the Ministry of Education through emergency measures funding. As the need for resources is immediate, we urge boards and their bargaining agents to consider these matters quickly to reach a local agreement. The attached documents have been endorsed by the trustees’ associations and the unions listed above, and will help you support local discussions and communications with employees. These are suggested templates and can be customized based on local discussions. • Appendix 1: A Community Supports Agreement – which is a statement of principles

between the school board and the union • Appendix 2: Redeployment Agreement between the employers (the school board and the

receiving employer) and the applicable unions These documents are intended as a guide and need not interfere with local arrangements that have been made or are underway. The following are some suggested next steps to be able to redeploy those interested and match them to employers in critical need of their services: • Meet with your local bargaining agents to come to an agreement on redeployment

(Appendix 1 is intended to assist in these discussions). Even if the union or councils of unions did not endorse the central framework, you are encouraged to still have the discussion with the local union who can approve a local agreement.

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• Once the matching portal is open, the ministry will notify boards and will provide resources on accessing and registering on the portal that can be shared in the correspondence to employees.

• Upon agreement, notification is provided to the ministry and a memo is sent from the school board to their employees with the details. It is recommended to notify employees as agreements are reached, and not wait for agreements with all school boards’ bargaining units.

• Employees can then register through the online portal and complete their availability and skill set.

• If a match is made, ministry staff will confirm with the school board that the person can be released for redeployment (i.e. giving due consideration of Continuity of Learning and board operations).

• If approved, the receiving employer contacts the individual to confirm their interest, and • Receiving employer enters into an agreement with the individual, which is shared with the

school board and the union. Thank you once again for your efforts, and for those of your board staff, teachers and education workers. Given the importance of this initiative, I encourage all school boards to expeditiously meet with your local unions to adopt agreements so those that are willing and able, can volunteer. If you have questions, please contact Andrew Davis, Assistant Deputy Minister at [email protected] Sincerely, Nancy Naylor Deputy Minister

c: Executive Director and Secretary-Treasurer, Association des enseignantes et des enseignants franco-ontariens (AEFO) General Secretary, Ontario Secondary School Teachers’ Federation (OSSTF) President, Ontario Council of Educational Workers (OCEW)

Chair, Education Workers’ Alliance of Ontario (EWAO) Co-ordinator, Canadian Union of Public Employees – Ontario (CUPE) General Secretary, Ontario English Catholic Teachers’ Association (OECTA)

General Secretary, Elementary Teachers' Federation of Ontario (ETFO) Executive Director, Association des conseils scolaires des écoles publiques de l'ontario (ACÉPO) Executive Director, Association franco-ontarienne des conseils scolaires catholiques (AFOCSC) Executive Director, Ontario Catholic School Trustees' Association (OCSTA) Executive Director, Ontario Public School Boards' Association (OPSBA) Executive Director, Council of Ontario Directors of Education (CODE)

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APPENDIX 1: SUGGESTED TEMPLATE INTERNAL AGREEMENT

SUPPORTING COMMUNITIES AGREEMENT between

__________________ (the “School Board Employer”)

and

____________________ (the “Union”)

Re: Voluntary Temporary Redeployment of Employees Between Employers Relating to COVID-19

1. This Supporting Communities Agreement (“Agreement”) document is being

developed at the request of the Crown, in response to the exceptional circumstances of COVID-19.

2. The Agreement is intended to provide guidance to and assist organizations in other sectors with a coordinated response to the COVID-19 crisis without undue delays.

3. It is the intention of the parties to assist communities in protecting the health and safety of all Ontarians.

4. The parties recognize that: a. In some sectors, there is an overwhelming need for additional staffing

resources whereas in others, some bargaining unit members can be redeployed without jeopardizing ongoing operations; and

b. There are employees and their bargaining agents that are expressing a willingness to support their local communities during this time by considering voluntary temporary redeployments to new workplaces.

To that end, a provincial matching process is being developed in order to allow employees to voluntarily self-identify for redeployment to other sectors, such as health care, long term care, and others.

5. The Union and School Board Employer have worked together to develop the following Guiding Principles in the spirit of good faith and community support:

a. It is understood that any voluntary redeployment that occurs as a result of the provincial matching process will continue only so long as an emergency declaration related to the pandemic remains in effect under the Emergency Management and Civil Protection Act, unless otherwise agreed by the parties, or as much written notice as possible of this decision is provided to the other parties, or as provided under paragraph 5.k.

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b. It is understood that school board bargaining unit employees may be offered the opportunity to self-identify to volunteer for temporary redeployments to another employer (“the Receiving Employer”), taking into account, and subject to, operational requirements of the School Board Employer.

c. An employee (the “Temporarily Redeployed Employee”) chosen by a Receiving Employer shall be offered a temporary redeployment at the location, site or facility experiencing the need for additional employees.

d. Subject to paragraph 5.e, the Temporarily Redeployed Employees shall remain employees of the School Board Employer and shall continue to be covered by the terms of the collective agreement between the parties including dues, wages, benefits (including but not limited to: LTD, Life insurance, WSIB), pension entitlement, service, seniority. For greater clarity and not limiting the generality of the foregoing, Temporarily Redeployed Employees shall retain their collective agreement rights to their position with the School Board during periods of redeployment, including the right to return to their position and the right to apply to postings under the collective agreement.

e. Temporarily Redeployed Employees will be subject to the working conditions of the Receiving Employer for the duration of the redeployment. Where the Receiving Employer is unionized the Temporarily Redeployed Employee will be subject to the working conditions (i.e. shift assignments) as outlined in the collective agreement of the Receiving Employer.

f. The Temporarily Redeployed Employee and School Board Employer shall be provided with the name and contact information of the Receiving Employer and supervisor and the name and contact information of the other bargaining agent’s business agent or representative.

g. The School Board Employer shall inform the Receiving Employer that as a condition of the voluntary redeployment that Temporarily Redeployed Employees must receive the following prior to working their first shift with the Receiving Employer:

i. Appropriate safety equipment for the position and as may be recommended by the Chief Medical Officer of Health;

ii. Appropriate Infection Control and Prevention (IPAC), training (including required health and safety training) and guidance during working hours, commensurate with the circumstances, classification and expected job duties;

iii. Appropriate onboarding, orientation and training during working hours, including but not limited to familiarization with essential information such as policies and procedures regarding health and safety, job routines, location of supplies and equipment, fire and disaster plans, as well as employee obligations consistent with the

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job duties and classification, including but not limited to, work protocols and confidentiality obligations; and

iv. Contact information of Temporarily Redeployed Employee’s supervisor.

h. Wages of the Temporarily Redeployed Employee shall include the Province’s temporary pandemic pay announced on April 25, 2020, if the Temporarily Redeployed Employee is matched to an eligible worksite and a qualifying role. Temporarily Redeployed Employees may access emergency child care services based on the Emergency Orders.

i. Ten (10) month employees who are typically laid off for the Summer also may volunteer to work beyond those ten (10) months, while maintaining their recall rights with the School Board Employer. Should 10 month employees be redeployed and continue working into the summer these Temporarily Redeployed Employees will be paid their regular wages and receive all other entitlements for which they are eligible (including but not limited to benefits, pension) for the period of redeployment subject to paragraph 5.h).

j. Daily Occasional teachers or Casual employees who are currently laid off due to COVID-19 circumstances may also volunteer. Should this occur these Temporarily Redeployed Employees will return to the School Board Employer’s payroll and be paid based on the hours worked at the Receiving Employer and will be paid their regular wages and receive all other entitlements, as applicable, for the period of redeployment subject to paragraph 5.h). The recall rights of these Temporarily Redeployed Employees with the School Board Employer are preserved.

k. A voluntary temporary redeployment may be terminated at any time by the Temporarily Redeployed Employee, the Employer, or the Receiving Employer for any reason. As much written notice as possible of this decision shall be provided to the others.

l. There shall be no discipline or reprisal to any employee who refuses a voluntary temporary redeployment to another sector despite their having volunteered. Any other form or discipline imposed during the period of the temporary voluntary redeployment or imposed by the Receiving Employer and relied upon or intended to be relied upon by the School Board Employer with respect to the Temporary Redeployed Employee is subject to the grievance process as per the collective agreement of the Union and the School Board Employer. Both parties hereby waive any objection as to the arbitrability of such a grievance on the basis that the incidents giving rise to the discipline occurred during redeployment.

m. Volunteering employees will be advised they are assuming a certain amount of risk.

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6. In accordance with this agreement, the Union and School Board Employer have worked together to develop “Appendix 2: Suggested Template External Agreement” as the basis of any temporary voluntary redeployment with the Receiving Employer and Receiving Union.

7. The Union, School Board and Receiving Employer are free to agree on dispute resolution mechanisms that address any concerns arising from redeployment. It is agreed that the temporary voluntary redeployment, so long as it carried out in a manner that is non-discriminatory, non-arbitrary and in good faith cannot be the subject of a grievance between the School Board Employer and the Union. Nothing in this agreement, however, prevents a Temporarily Redeployed Employee from filing any claim or action against the Receiving Employer under any applicable Ontario legislation, including but not limited to the Human Rights Code, the Employment Standards Act, 2000, the Occupational Health and Safety Act, Workplace Safety and Insurance Act, 1997, etc.

8. It is acknowledged that this Agreement has been prepared on an urgent basis and that it should be interpreted and applied in a manner that gives greatest effect to its purpose and principles. This agreement may be amended by the parties in writing by mutual consent.

SIGNED this __ day of ________ (SIGNATORIES)

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APPENDIX 2: SUGGESTED TEMPLATE EXTERNAL AGREEMENT

MEMORANDUM OF AGREEMENT

BETWEEN

______________________ the “Sending Employer”

and

______________________ the “Receiving Employer”

(collectively, the “Employer Organizations”)

and

______________________ the “Sending Union”

and

______________________ the “Receiving Union” [If applicable]

Re: Voluntary Temporary Redeployment of Employees Between Employer Organizations Relating to COVID-19

WHEREAS, in some Ontario communities, there is a critical and immediate need for staffing resources; WHEREAS, in some Ontario sectors, due to closures of certain organizations, some employees have expressed a willingness to support their local communities on a voluntary basis during this time of crisis, by temporarily accepting new workplaces and new duties; WHEREAS the Receiving Employer may require additional staff beyond its existing complement due to an escalation or change in service delivery requirements;

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WHEREAS certain employees of the Sending Employer may choose to volunteer their services to the Receiving Employer subject to the terms and conditions set out herein; and WHEREAS the Lieutenant Governor in Council has made certain Emergency Orders under the Emergency Management and Civil Protection Act applicable to and in order to facilitate the redeployment of employees under this Agreement; NOW THEREFORE the parties hereto agree as follows: 1. This Memorandum of Agreement is unique to COVID-19 and has been entered

into on a without precedent and without prejudice basis, having regard to the extraordinary circumstances created by the COVID-19 pandemic.

2. It is agreed that this Agreement shall become effective on _______ and will

continue until there is no longer an emergency declaration under the Emergency Management and Civil Protection Act in effect that relates to COVID-19, unless otherwise agreed in writing by the parties (the “Term”).

3. Nothing in this Agreement alters or amends the Sending Union’s or Receiving

Union’s collective agreements, bargaining rights, obligations or entitlements or any agreements or bargaining processes between the Unions and the Sending or Receiving Employers respectively, except as provided for in this Agreement (expressly or by necessary implication) and for the purposes of this Agreement.

4. At any time during the Term, the Receiving Employer may assign available work

(the “Work”) to employees of the Sending Employer (the “Temporarily Redeployed Employees”) in accordance with this Agreement.

5. The Work will be assigned only to employees of the Sending Employer who have

voluntarily agreed to a temporary redeployment to the Receiving Employer, subject to paragraphs 15 and 18 below.

6. The Work shall not be assigned to the Temporarily Redeployed Employee where

employees of the Receiving Employer are available to perform the Work. 7. The Receiving Employer shall be responsible for the health, safety and welfare of

Temporarily Redeployed Employees during their working hours with the Receiving Employer during the Term, and shall ensure compliance with all relevant legal obligations, including the Occupational Health and Safety Act and all other applicable laws as if it were the employer of the Temporarily Redeployed Employees.

8. Prior to any Temporarily Redeployed Employee’s first shift, the Sending Employer

shall provide the Receiving Employer with,

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(a) The name and contact information of the Temporarily Redeployed Employee; and

(b) The name and contact information of the Sending Union’s representative 9. Prior to the Temporarily Redeployed Employee’s first shift, the Receiving Employer

shall provide the Temporarily Redeployed Employee, the Sending Employer, the Sending Union and the Receiving Union (if any) with: The name and contact information of the Temporarily Redeployed Employee’s supervisor;

(a) The name and contact information for the Health and Safety representatives of the Receiving Employer and Receiving Union (if applicable);

(b) The name and contact information of the Receiving Union’s bargaining unit representative (if applicable); and,

(c) The employment contract or acknowledgement signed by the Temporarily Redeployed Employee.

10. The Receiving Employer shall provide the Temporarily Redeployed Employee with the following prior to his or her first shift:

(a) Appropriate safety equipment, including personal protective equipment (“PPE”), for the position and as recommended or directed by the Chief Medical Officer of Health of Ontario to be maintained or replaced as necessary, for the entire duration of the temporary redeployment;

(b) Appropriate Infection Control and Prevention (“IPAC”) training or guidance, commensurate with the circumstances and classification. The Receiving Employer confirms that they have appropriate IPAC procedures in place in compliance with applicable Infection Prevention and Control guidelines (during this training, the Temporarily Redeployed will be paid at their regular rate as modified by this Agreement); and

(c) Appropriate onboarding, orientation and training, including but not limited to familiarization with essential information such as policies and procedures regarding health and safety, job routines, location of supplies and equipment, fire and disaster plans, confidentiality obligations and any other obligations arising from their temporary role (during such orientation and training, the Temporarily Redeployed will be paid at their regular rate as modified by this Agreement).

11. The Receiving Employer shall track and report hours and other payroll-related

matters consistent with the Sending Employer’s collective agreement and shall report those hours to the Sending Employer on a biweekly basis.

12. In the course of performing the Work, Temporarily Redeployed Employees will be under the direction and supervision of the Receiving Employer in accordance with the policies, procedures and by-laws of the Receiving Employer, including with respect to scheduling, assignments, breaks and hours of work and, including the health and safety, the privacy and security and other applicable policies of the Receiving Employer.

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13. The Receiving Employer shall maintain oversight of the Temporarily Redeployed

Employees’ job duties and shall maintain regular and consistent contact with Temporarily Redeployed Employees. Similarly, the Receiving Union shall act in the best interests of Temporarily Redeployed Employees, as it would for any member of its bargaining unit. For example, any situation that the union may object to for its own members, the redeployed employee can expect similar treatment. Nothing in this Agreement, however, prevents a Temporarily Redeployed Employee from filing any claim or action against the Receiving Employer under any applicable Ontario legislation, including but not limited to the Human Rights Code, the Employment Standards Act, 2000, the Occupational Health and Safety Act, and the Workplace Safety and Insurance Act, 1997.

14. Temporarily Redeployed Employees shall remain employees of the Sending

Employer and shall continue to be covered by the terms of the Sending Employer’s collective agreement or other terms and conditions of employment with respect to dues wages, benefits, sick leave, WSIB, seniority and service, except as modified by this Agreement. Specifically, Temporarily Redeployed Employees will be eligible for pandemic premium pay if matched to an eligible worksite and a qualifying role. Temporarily Redeployed Employees may access emergency child care services based on the Emergency Orders. The Sending Employer shall remain responsible for providing all compensation, benefits, and other employment entitlements to all Temporarily Redeployed Employees in accordance with the Sending Employer’s collective agreement as modified in the applicable case by this Agreement. Disputes regarding these matters or arising from any circumstances surrounding the temporary deployment of Temporarily Redeployed Employee shall be resolved through the grievance process of the Sending Employer’s collective agreement.

15. A temporary redeployment may be terminated at any time by a Temporarily Redeployed Employee, the Receiving Employer, or the Sending Employer for any reason. As much written notice as possible of this decision shall be provided to the other parties. There shall be no discipline or reprisal for a Temporarily Redeployed Employee for a) declining the opportunity of temporary redeployment, b) declining such employment once advised of the location and nature of the work to be assigned, or c) terminating the redeployment at any time after accepting the assignment except that in that case, every effort shall be made by a redeployed employee to provide notice to the other parties. Similarly, the termination of the redeployment by either the Receiving Employer or Sending Employer cannot be the subject of a grievance and is not arbitrable.

16. The Sending Employer is not entitled to receive compensation from the Receiving Employer for the services provided by Temporarily Redeployed Employee, unless agreed to separately in writing.

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17. Nothing in this Agreement constitutes or should be construed as creating a partnership, joint venture, agency, dependent contractor, or employment relationship between the Employer Organizations. Neither of the Employer Organizations shall have the power or authority to bind the other or to assume or create any obligation or responsibility, expressed or implied, on the other’s behalf or in its name, nor shall it hold itself out to any third party as a partner, joint venturer, agent or employee of the other.

18. Each of the parties hereby agrees that it shall be responsible and liable for its

own acts, omissions, negligence and willful misconduct, including that of its respective directors, officers, employees, contractors and agents, save and except that no party hereto shall be responsible for or liable solely for entering into or implementing this Agreement.

19. The Receiving Employer covenants and agrees to save harmless and indemnify

the Sending Employer from all liabilities, obligations, claims, applications, grievances, demands, losses, actions and any resulting damages, penalties, charges, fines, judgments, costs, expenses or other remedies incurred as a result of or arising out of the Receiving Employer’s and/or its employees’ acts, omissions, negligence or misconduct relating to this Agreement or a temporary redeployment taking place under this Agreement. This indemnity shall survive the expiration of the term of any temporary deployment under this Agreement.

20. In the event of a dispute between the Employer Organizations arising from this

Agreement, the Employer Organizations shall use their best efforts to resolve the dispute without recourse to litigation.

21. It is acknowledged that this Agreement has been prepared on an urgent basis and that it should be interpreted and applied in a manner that gives greatest effect to its purpose and principles.

SIGNED THIS ____ DAY OF _____, 2020

(SIGNATORIES)

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OPSBA Member Board Correspondence from the Upper Grand DSB