Bill ,

Bill 177                                                        2009

An Act to amend the Education Act with respect to student achievement, school board governance and certain other matters

Note: This Act amends the Education Act.  For the legislative history of the Act, see the Table of Consolidated Public Statutes – Detailed Legislative History at www.e-Laws.gov.on.ca.

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

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

Purpose

Strong public education system

   0.1  (1)  A strong public education system is the foundation of a prosperous, caring and civil society.

Purpose of education

   (2)  The purpose of education is to provide students with the opportunity to realize their potential and develop into highly skilled, knowledgeable, caring citizens who contribute to their society.

Partners in education sector

   (3)  All partners in the education sector, including the Minister, the Ministry and the boards, have a role to play in enhancing student achievement and well-being, closing gaps in student achievement and maintaining confidence in the province’s publicly funded education systems.

   2.  (1)  The definition of “co-instructional activities” in subsection 1 (1) of the Act is repealed.

   (2)  The definition of ““secretary” and “treasurer”” in subsection 1 (1) of the Act is repealed.

   (3)  Subsection 1 (1.2) of the Act is repealed.

   3.  (1)  Paragraphs 26.1 and 26.2 of subsection 8 (1) of the Act are repealed.

   (2)  Subsection 8 (1) of the Act is amended by adding the following paragraph:

professional activity days

  28.  establish policies and guidelines respecting criteria and topics for the professional activity days that are required by regulation and require boards to comply with the policies and guidelines;

   4.  Section 17.1 of the Act is repealed and the following substituted:

Regulations re parent involvement committees

   17.1  The Lieutenant Governor in Council may make regulations respecting parent involvement committees, including regulations requiring boards to establish parent involvement committees and regulations relating to their establishment, composition and functions.

   5.  Section 38 of the Act is repealed.

   6.  Subsection 43.1 (4) of the Act is repealed and the following substituted:

Exception

   (4)  A right under subsection (3) is extinguished if the school becomes another type of school within the meaning of subsection 37 (2).

   7.  Subsection 48.1 (4) of the Act is repealed and the following substituted:

Exception

   (4)  A right under this section is extinguished if the school becomes another type of school within the meaning of subsection 37 (2).

   8.  (1)  Clauses 58.1 (2) (g) and (h) of the Act are repealed.

   (2)  Subclause 58.1 (2) (k) (vi) of the Act is amended by striking out “officials of old boards, officials of district school boards” and substituting “officials of district school boards”.

   (3)  Subclause 58.1 (2) (k) (vii) of the Act is repealed.

   (4)  Clauses 58.1 (2) (p) and (q) of the Act are repealed.

   (5)  Section 58.1 of the Act is amended by adding the following subsections:

Number of members of a district school board

   (10.0.1)  Subject to subsections (10.0.2) to (10.1) and to the regulations, the number of members of a district school board, not including members appointed under subsection 188 (5), shall be the number of members determined for the board for the purposes of the regular election in 2006.

Same

   (10.0.2)  A district school board whose area of jurisdiction was increased in 2009 may by resolution request the Minister to increase its number of members.

Same

   (10.0.3)  In response to a request by a district school board under subsection (10.0.2), the Minister may by order increase the number of members of the board if, in the Minister’s opinion, the increase is justified by,

  (a)  a demographic change in the board’s geographical area of jurisdiction;

  (b)  the change in the size of the board’s geographical area of jurisdiction; or

   (c)  any other circumstances that the Minister considers relevant.

Same

   (10.0.4)  A request under subsection (10.0.2) shall not be made after March 15, 2010.

Same

   (10.0.5)  A Minister’s order under subsection (10.0.3) shall not be made after April 15, 2010.

Same

   (10.0.6)  An increase under subsection (10.0.3) may be smaller than that requested by the board under subsection (10.0.2).

   (6)  Subsection 58.1 (10.1) of the Act is amended by striking out “to a number lower than the number provided in a regulation made under subclause 58.1 (2) (k) (i)” at the end.

   9.  Sections 58.2 and 58.3 of the Act are repealed.

   10.  (1)  Subsection 58.4 (1) of the Act is repealed and the following substituted:

General or particular

   (1)  A regulation made under section 58.1 may be general or particular.

   (2)  Subsection 58.4 (2) of the Act is amended by striking out “or 58.2”.

   11.  Clause 58.5 (2) (a) of the Act is repealed.

   12.  (1)  Subsection 61 (2) of the Act is amended by striking out “subsections (3) and (4)” and substituting “subsections (3), (4) and (4.1)”.

   (2)  Section 61 of the Act is amended by adding the following subsection:

Decrease in number of members

   (4.1)  Before the first day of July of an election year, the board of a district school area that has four or five members may, by resolution approved at a meeting of the public school electors, determine that the number of members to be elected shall be decreased to a number not less than three and, at the next following election, that number of members shall be elected.

   13.  Subsection 89 (4) of the Act is amended by striking out “a secretary and a treasurer or of a secretary-treasurer” and substituting “a treasurer”.

   14.  Section 165 of the Act is amended by adding the following subsection:

Transition, special case

   (3)  Despite subsection (2), before the first day of July of an election year, the Protestant Separate School Board of the Town of Penetanguishene may, by resolution approved at a meeting of the Protestant separate school supporters, determine that the number of members to be elected shall be decreased to a number not less than three and, at the next following election, that number of members shall be elected.

   15.  Part VI of the Act is amended by adding the following section after the heading “Duties and Powers”:

Board responsibility for student achievement and effective stewardship of resources

   169.1  (1)  Every board shall,

  (a)  promote student achievement and well-being;

  (b)  ensure effective stewardship of the board’s resources;

   (c)  deliver effective and appropriate education programs to its pupils;

  (d)  develop and maintain policies and organizational structures that,

           (i)  promote the goals referred to in clauses (a) to (c), and

          (ii)  encourage pupils to pursue their educational goals;

  (e)  monitor and evaluate the effectiveness of policies developed by the board under clause (d) in achieving the board’s goals and the efficiency of the implementation of those policies;

    (f)  develop a multi-year plan aimed at achieving the goals referred to in clauses (a) to (c);

  (g)  annually review the plan referred to in clause (f) with the board’s director of education or the supervisory officer acting as the board’s director of education; and

   (h)  monitor and evaluate the performance of the board’s director of education, or the supervisory officer acting as the board’s director of education, in meeting,

           (i)  his or her duties under this Act or any policy, guideline or regulation made under this Act, including duties under the plan referred to in clause (f), and

          (ii)  any other duties assigned by the board.

Multi-year plan

   (2)  A multi-year plan is a plan for three or more school years.

Measures in plan

   (3)  Every board shall ensure that the plan referred to in clause (1) (f) includes measures respecting the allocation of resources to improve student outcomes that fall below the outcomes specified in regulations made under section 11.1.

Communication

   (4)  Every board shall take steps to,

  (a)  bring the plan referred to in clause (1) (f) to the attention of supporters and employees of the board; and

  (b)  report to supporters and employees of the board about progress in implementing the plan referred to in clause (1) (f).

Effective stewardship

   (5)  Every board shall,

  (a)  effectively use the resources entrusted to it;

  (b)  use the resources entrusted to it for the purposes of delivering effective and appropriate education; and

   (c)  manage the resources entrusted to it in a manner that upholds public confidence.

   16.  (1)  Paragraph 1 of subsection 170 (1) of the Act is amended by striking out “appoint a secretary and a treasurer or a secretary-treasurer” and substituting “appoint a treasurer”.

   (2)  Paragraph 2 of subsection 170 (1) of the Act is amended by striking out “or secretary-treasurer” at the end.

   (3)  Paragraphs 7.1 and 7.2 of subsection 170 (1) of the Act are repealed.

   (4)  Subsections 170 (2.5), (2.6), (2.7) and (2.8) of the Act are repealed.

   17.  Subsection 170.1 (4) of the Act is repealed.

   18.  Subsection 181 (3) of the Act is repealed.

   19.  Subsection 190 (5) of the Act is repealed.

   20.  Subsection 198 (6) of the Act is repealed and the following substituted:

Business administrator

   (6)  Where a board determines that one or more persons should be employed full time to carry out the duties of a treasurer, it may appoint one or more business administrators and one or more assistant business administrators and may assign to a person so appointed any of the duties of the treasurer and the supervisor of maintenance of school buildings.

   21.  Sections 200, 201, 202, 203, 204 and 205 of the Act are repealed.

   22.  Subsection 208 (5) of the Act is amended by striking out “and the chair shall preside at all meetings” at the end.

   23.  (1)  Subsection 209 (1) of the Act is amended by striking out the portion following “deemed to have resigned:” and substituting the following:

    1.  I solemnly declare that I am not disqualified under any Act from being a member of (name of board).

    2.  I solemnly declare that I will truly, faithfully, impartially and to the best of my ability execute the office of board member, and that I have not received and will not receive any payment or reward or promise thereof for the exercise of any partiality or malversation or other undue execution of the said office and that I will disclose any pecuniary interest, direct or indirect, as required by and in accordance with the Municipal Conflict of Interest Act.

   (2)  Subsection 209 (3) of the Act is repealed and the following substituted:

Oath or affirmation

   (3)  Every person elected or appointed to a board, before entering on his or her duties as a board member, may take and subscribe before the secretary of the board or before any person authorized to administer an oath the oath or affirmation of allegiance in the following form, in English or French:

I swear (affirm) that I will be faithful and bear true allegiance to Her Majesty, Queen Elizabeth II (or the reigning sovereign for the time being).

   (3)  Subsection 209 (4) of the Act is repealed and the following substituted:

Filing of declaration and oath

   (4)  The declaration and, if any, the oath or affirmation of allegiance shall be filed with the secretary of the board within eight days after it is made or taken, as the case may be.

   24.  Section 210 of the Act is repealed.

   25.  Part VI of the Act is amended by adding the following sections:

Conduct of Members of School Boards

Duties of board members

   218.1  A member of a board shall,

  (a)  carry out his or her responsibilities in a manner that assists the board in fulfilling its duties under this Act, the regulations and the guidelines issued under this Act, including but not limited to the board’s duties under section 169.1;

  (b)  attend and participate in meetings of the board, including meetings of board committees of which he or she is a member;

   (c)  consult with parents, students and supporters of the board on the board’s multi-year plan under clause 169.1 (1) (f);

  (d)  bring concerns of parents, students and supporters of the board to the attention of the board;

  (e)  uphold the implementation of any board resolution after it is passed by the board;

    (f)  entrust the day to day management of the board to its staff through the board’s director of education;

  (g)  maintain focus on student achievement and well-being; and

   (h)  comply with the board’s code of conduct.

Code of conduct

   218.2  (1)  A board may adopt a code of conduct that applies to the members of the board.

Minister’s regulations

   (2)  The Minister may make regulations,

  (a)  requiring a board to adopt a code of conduct under subsection (1);

  (b)  governing matters to be addressed by codes of conduct under this section.

Enforcement of code of conduct

   218.3  (1)  A member of a board who has reasonable grounds to believe that a member of the board has breached the board’s code of conduct may bring the alleged breach to the attention of the board.

Same

   (2)  If an alleged breach is brought to the attention of the board under subsection (1), the board shall make inquiries into the matter and shall, based on the results of the inquiries, determine whether the member has breached the board’s code of conduct.

Same

   (3)  If the board determines under subsection (2) that the member has breached the board’s code of conduct, the board may impose one or more of the following sanctions:

    1.  Censure of the member.

    2.  Barring the member from attending all or part of a meeting of the board or a meeting of a committee of the board.

    3.  Barring the member from sitting on one or more committees of the board, for the period of time specified by the board.

Same

   (4)  For greater certainty, the imposition of a sanction under paragraph 2 of subsection (3) barring a member from attending all or part of a meeting of the board shall be deemed, for the purpose of clause 228 (1) (b), to be authorization for the member to be absent from the meeting.

Same

   (5)  A member of a board who is barred from attending all or part of a meeting of the board or a meeting of a committee of the board under subsection (3) is not entitled to receive any materials that relate to that meeting or that part of the meeting and that are not available to members of the public.

Same

   (6)  If a board determines that a member has breached the board’s code of conduct under subsection (2),

  (a)  the board shall give the member written notice of the determination and of any sanction imposed by the board;

  (b)  the notice shall inform the member that he or she may make written submissions to the board in respect of the determination or sanction by a date specified in the notice that is at least 14 days after the notice is received by the member; and

   (c)  the board shall consider any submissions made by the member in accordance with clause (b) and shall confirm or revoke the determination within 14 days after the submissions are received.

Same

   (7)  If the board revokes a determination under clause (6) (c), any sanction imposed by the board is revoked.

Same

   (8)  If the board confirms a determination under clause (6) (c), the board shall, within the time referred to in that clause, confirm, vary or revoke the sanction.

Same

   (9)  If a sanction is varied or revoked under subsection (7) or (8), the variation or revocation shall be deemed to be effective as of the date the original determination was made under subsection (2).

Same

   (10)  Despite subsection 207 (1) but subject to subsection (11), the part of a meeting of the board during which a breach or alleged breach of the board’s code of conduct is considered may be closed to the public when the breach or alleged breach involves any of the matters described in clauses 207 (2) (a) to (e).

Same

   (11)  A board shall do the following things by resolution at a meeting of the board, and the vote on the resolution shall be open to the public:

    1.  Make a determination under subsection (2) that a member has breached the board’s code of conduct.

    2.  Impose a sanction under subsection (3).

    3.  Confirm or revoke a determination under clause (6) (c).

    4.  Confirm, vary or revoke a sanction under subsection (8).

Same

   (12)  A member who is alleged to have breached the board’s code of conduct shall not vote on a resolution to do any of the things described in paragraphs 1 to 4 of subsection (11).

Same

   (13)  The passage of a resolution to do any of the things described in paragraphs 1 to 4 of subsection (11) shall be recorded in the minutes of the meeting.

Same

   (14)  The Statutory Powers Procedure Act does not apply to anything done under this section.

Duties of Board Chair

Additional duties of chair

   218.4  In addition to any other duties under the Act, the chair of a board shall,

  (a)  preside over meetings of the board;

  (b)  conduct the meetings in accordance with the board’s procedures and practices for the conduct of board meetings;

   (c)  establish agendas for board meetings, in consultation with the board’s director of education or the supervisory officer acting as the board’s director of education;

  (d)  ensure that members of the board have the information needed for informed discussion of the agenda items;

  (e)  act as spokesperson to the public on behalf of the board, unless otherwise determined by the board;

    (f)  convey the decisions of the board to the board’s director of education or the supervisory officer acting as the board’s director of education;

  (g)  provide leadership to the board in maintaining the board’s focus on the multi-year plan established under section 169.1;

   (h)  provide leadership to the board in maintaining the board’s focus on the board’s mission and vision; and

    (i)  assume such other responsibilities as may be specified by the board.

   26.  Clause 221 (1) (a) of the Act is amended by striking out “within 60 days” and substituting “within 90 days”.

   27.  Subsections 234 (10), (11), (12) and (13) of the Act are repealed.

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

Debentures issued by boards

   242.1  (1)  This Act, as it read immediately before the day the Student Achievement and School Board Governance Act, 2009 received Royal Assent, continues to apply with respect to debentures issued by boards before that day.

Transition

   (2)  Subsection (1) does not prevent regulations made under subsection 241 (6) or clause 247 (3) (b) after the day the Student Achievement and School Board Governance Act, 2009 receives Royal Assent from applying to investments held by sinking funds or retirement funds immediately before that day.

   29.  (1)  Subsection 244 (1) of the Act is repealed and the following substituted:

Provincial guarantee, certain instruments

   (1)  The Lieutenant Governor in Council may by order authorize the Minister of Finance to guarantee payment by the Province of the principal, interest and premium of debt instruments or other instruments prescribed under clause 247 (3) (f) issued by a board or other debt instruments issued by a corporation established under subsection 248 (1) and any such authorization may relate to a single instrument or to a class of instruments as such class is defined in the authorizing order in council.

   (2)  Subsection 244 (3) of the Act is repealed and the following substituted:

Validity of guaranteed instruments

   (3)  Any debt instrument prescribed under clause 247 (3) (f) or other debt instrument, payment of which is guaranteed by the Province under this section, is valid and binding on the board or corporation by which it is issued according to its terms.

   30.  (1)  Subsection 247 (1) of the Act is amended by striking out “issue debentures or”. 

   (2)  Subsection 247 (2) of the Act is amended by striking out “issue debentures or”. 

   (3)  Clause 247 (3) (b) of the Act is amended by striking out “debentures and”.

   (4)  Clause 247 (3) (c) of the Act is repealed and the following substituted:

   (c)  governing any dealings by a board with instruments described in clause (b), including but not limited to regulations governing the redemption, surrender, exchange, substitution or offering as security of the instruments;

   (5)  Clause 247 (3) (f) of the Act is amended by striking out “other than debentures”.

   (6)  Clause 247 (3) (h) of the Act is repealed and the following substituted:

   (h)  providing that any provision of, or made under, the Municipal Act, 2001 or the City of Toronto Act, 2006, as the case may be, relating to borrowing or debentures applies, with any modifications specified in the regulations, in relation to borrowing by a board under this section.

   (7)  Section 247 of the Act is amended by adding the following subsection:

Same

   (3.1)  Without limiting the generality of clause (3) (a), in making regulations under that clause, the Lieutenant Governor in Council may delegate specified responsibilities related to the borrowing of money and the incurring of debt by the Board for permanent improvements to the Minister or any other body the Lieutenant Governor in Council considers appropriate for those purposes. 

   (8)  Subsections 247 (5), (6), (7) and (8) of the Act are repealed and the following substituted:

Payments re debt instruments

   (5)  Subject to the regulations, if under subsection (1) or (2) a board issues a debt instrument prescribed under clause (3) (f), the board shall,

  (a)  provide in its estimates for each fiscal year for the setting aside out of its general revenue in the fiscal year the amount necessary to pay the principal and interest coming due on the debt instrument in the fiscal year and to pay the amount required to be paid into a sinking fund or retirement fund or other fund prescribed under clause (3) (e) in respect of the debt instrument in the fiscal year;

  (b)  on or before each due date in each year, pay out of its general revenue the principal and interest coming due on the debt instrument in the year; and

   (c)  where a sinking fund, retirement fund or other fund prescribed under clause (3) (e) has been established in respect of the debt instrument, on or before the anniversary in each year of the issue date of the debt instrument, pay out of its general revenue the amount required to be paid into the sinking fund, retirement fund or such prescribed fund in respect of the debt instrument in the year. 

Exception

   (6)  Despite clauses (5) (a) and (b), the principal and interest that must be paid in a year under those clauses does not include any outstanding amount of principal specified as payable on the maturity date of a debt instrument to the extent that one or more refinancing debt instruments are issued by the board to repay the outstanding principal.

All debt instruments rank equally

   (7)  Despite any other provision of this or any other Act or any differences in date of issue or maturity, every debt instrument prescribed under clause (3) (f) issued by a board shall rank concurrently and equally in respect of payment of principal and interest with all other debt instruments issued by the board, except as to the availability of any sinking fund, retirement fund or other fund prescribed under clause (3) (e) applicable to any issue of debt instruments.

Registration

   (8)  Subsections 415 (1), (2), (3), (4), (5) and (7) of the Municipal Act, 2001 or any equivalent provisions of, or made under, the City of Toronto Act, 2006, as the case may be, apply with necessary modifications to a by-law of a board authorizing the issue of debt instruments prescribed under clause (3) (f) that is passed under subsection (1) or (2) of this section, but nothing in this subsection makes valid a by-law if it appears on the face of the by-law that it does not substantially comply with a provision of a regulation under subsection (3) that specifies the maximum term within which a debt instrument prescribed under clause (3) (f) may be made payable.

   (9)  Subsection 247 (10) of the Act is amended by striking out “clause 58.1 (2) (p)” and substituting “clause 58.1 (2) (p) as it read immediately before it was repealed by subsection 8 (4) of the Student Achievement and School Board Governance Act, 2009”.

   (10)  Section 247 of the Act is amended by adding the following subsection:

Transition

   (11)  Despite subsection (3) and subsection 242.1 (1), subsections (1) and (2) do not authorize the issuance of debentures for the purpose of repaying, refunding or refinancing any debentures that were issued before the day the Student Achievement and School Board Governance Act, 2009 received Royal Assent.

   31.  Subsections 253 (9), (10) and (11) of the Act are repealed.

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

Audit committee

   253.1  (1)  Every district school board shall establish an audit committee.

Regulations

   (2)  The Minister may make regulations governing the composition, functions, powers and duties of audit committees established under subsection (1).

Same

   (3)  A regulation made under subsection (2) may provide for a district school board’s audit committee to include individuals who are not members of the board.

Same

   (4)  A regulation made under subsection (2) may provide that a district school board’s audit committee has all the powers of an auditor under section 253.

Same

   (5)  A regulation under this section may be general or particular.

   33.  Section 257.1 of the Act is repealed.

   34.  (1)  Subsection 257.11 (2) of the Act is amended by striking out “or board” after “the municipality”.

   (2)  Subsection 257.11 (3) of the Act is amended by striking out “or payor board” after “the municipality”.

   35.  (1)  Subsections 257.28 (3) and (4) of the Act are repealed.

   (2)  Subsection 257.28 (5) of the Act is amended by striking out “and the debentures to be issued for it”.

   36.  (1)  The definition of “indebtedness” in subsection 257.34 (1) of the Act is repealed and the following substituted:

“indebtedness” includes,

  (a)  any instrument prescribed under clause 247 (3) (f), debentures issued under a repealed provision or other debt of the board,

  (b)  any interest on any indebtedness of the board.

   (2)  Clauses 257.34 (2) (b), (c), (d) and (e) of the Act are repealed and the following substituted:

  (b)  the issue, on the terms and conditions, in the manner and at the times that the Minister may approve, of instruments prescribed under clause 247 (3) (f) or other evidences of indebtedness, in substitution and exchange for any debentures or such debt instruments that are outstanding or in payment and satisfaction of all or any part of any other indebtedness, and compulsory acceptance of those instruments or other evidences of indebtedness in payment and satisfaction of the instruments that are outstanding or other indebtedness;

   (c)  the issue of new instruments prescribed under clause 247 (3) (f) to cover any consolidation under clause (a) or (b);

  (d)  the retirement and cancellation of all or any part of the existing debenture debt and debt incurred by any instrument prescribed under clause 247 (3) (f) and debt instruments prescribed under clause 247 (3) (f) that are outstanding, on the issue of new debt instruments prescribed by clause 247 (3) (f) to cover them or in exchange for them;

  (e)  the terms, conditions, places and times for exchange of new instruments prescribed under clause 247 (3) (f) for debt instruments that are outstanding;

   37.  Section 257.37 of the Act is repealed and the following substituted:

Minister to approve instrument issues

   257.37  (1)  Without the approval of the Minister first being obtained, a board that is subject to an order under subsection 257.31 (2) or (3) shall not, under this or any other Act, exercise or be required to exercise any of its powers if that exercise will or may require money to be provided by the issue of instruments prescribed under clause 247 (3) (f) of the board.

Approval of instrument by-laws

   (2)  Where a board is subject to an order under subsection 257.31 (2) or (3), the board may, with the approval of the Minister, pass by-laws providing for the issue of instruments prescribed under clause 247 (3) (f) or authorizing the sale of such instruments or the offering of such instruments as security, but no such by-law has any force and effect until approved by the Minister.

   38.  Section 257.107 of the Act is repealed.

   39.  Subsections 265 (2) and (3) of the Act are repealed.

   40.  Subclause 277.2 (4) (b) (ii) of the Act is amended by striking out “including but not limited to programs involving co-instructional activities”.

   41.  Sections 277.24, 277.25, 277.26 and 277.27 of the Act are repealed.

   42.  (1)  Subsection 277.38 (12) of the Act is repealed and the following substituted:

Same

   (12)  Pending the board’s decision whether to terminate the teacher’s employment, the director of education for the board, or the supervisory officer acting as the board’s director of education, shall,

  (a)  suspend the teacher with pay; or

  (b)  reassign the teacher to duties that are appropriate in the circumstances in the view of the director of education or supervisory officer.

   (2)  Subsection 277.38 (13) of the Act is repealed.

   (3)  Subsection 277.38 (14) of the Act is amended by striking out “or (13)” at the end.

   43.  (1)  Subsection 277.39 (1) of the Act is amended by striking out “or (13)” at the end.

   (2)  Subsection 277.39 (3) of the Act is amended by striking out “or (13)”.

   (3)  Subsection 277.39 (4) of the Act is amended by striking out “or (13), as the case may be”.

   44.  (1)  Subsection 277.40.3 (12) of the Act is repealed and the following substituted:

Same

   (12)  Pending the board’s decision whether to terminate the teacher’s employment, the director of education for the board, or the supervisory officer acting as the board’s director of education, shall,

  (a)  suspend the teacher with pay; or

  (b)  reassign the teacher to duties that are appropriate in the circumstances in the view of the director of education or supervisory officer.

   (2)  Subsection 277.40.3 (13) of the Act is repealed.

   (3)  Subsection 277.40.3 (14) of the Act is amended by striking out “or (13)” at the end.

   45.  (1)  Subsection 277.40.4 (1) of the Act is amended by striking out “or (13)”.

   (2)  Subsection 277.40.4 (3) of the Act is amended by striking out “or (13)”.

   (3)  Subsection 277.40.4 (4) of the Act is amended by striking out “subsection 277.38 (12) or (13)” and substituting “subsection 277.40.3 (12)”.

   46.  Section 280 of the Act is amended by adding the following subsection:

If no director of education

   (4)  If a school authority does not appoint a supervisory officer as director of education, then a supervisory officer who is qualified as such as a teacher shall act as the director of education and perform all the duties of the director of education.

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

Additional duties of director of education

   283.1  (1)  In addition to his or her other duties under this Act, the director of education shall,

  (a)  annually review with the board the multi-year plan developed under clause 169.1 (1) (f);

  (b)  ensure that the multi-year plan developed under clause 169.1 (1) (f) establishes the board’s priorities and identifies specific measures and resources that will be applied in achieving those priorities and in carrying out its duties under this Act, in particular, its responsibility for student achievement as set out in section 169.1;

   (c)  implement and monitor the implementation of the multi-year plan developed under clause 169.1 (1) (f);

  (d)  report periodically to the board on the implementation of the multi-year plan developed under clause 169.1 (1) (f);

  (e)  act as secretary to the board;

    (f)  immediately upon discovery bring to the attention of the board any act or omission by the board that in the opinion of the director of education may result in or has resulted in a contravention of this Act or any policy, guideline or regulation made under this Act; and

  (g)  if a board does not respond in a satisfactory manner to an act or omission brought to its attention under clause (f), advise the Deputy Minister of the Ministry of the act or omission.

Exception, secretary of small boards

   (2)  Despite clause (1) (e), a board of not more than five elected members may appoint a member of the board to act as secretary to the board.

References to secretary

   (3)  A reference in this Act or any other Act, or in the regulations made under this or any other Act, to the secretary of a board is deemed to be a reference to the director of education of the board.

Same

   (4)  Subsection (3) does not apply to the references to secretary in clause (1) (e) and subsection (2), or to the reference to secretary in the definition of “employee” in section 57 of the Ottawa-Carleton French-Language School Board Transferred Employees Act.

   48.  Sections 314.5, 314.6, 314.7, 314.8, 314.9 and 314.10 of the Act are repealed.

   49.  Sections 334, 335 and 344 of the Act are repealed.

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

Order, directive may be filed in court

   345.  (1)  An order or directive made by the Education Improvement Commission under section 58.2 of this Act, as it read immediately before it was repealed by section 9 of the Student Achievement and School Board Governance Act, 2009, or under a predecessor of that section, may be filed in the Superior Court of Justice.

Same

   (2)  An order or directive that is filed under subsection (1) shall be enforceable as if it were an order of the Superior Court of Justice.

   51.  Subsection 347 (3) of the Act is amended by striking out “Section 335” at the beginning and substituting “Section 335, as it read immediately before it was repealed by section 49 of the Student Achievement and School Board Governance Act, 2009”.

   52.  Sections 350 and 351 of the Act are repealed.

Commencement

   53.  This Act comes into force on the day it receives Royal Assent.

Short title

   54.  The short title of this Act is the Student Achievement and School Board Governance Act, 2009.

 

EXPLANATORY NOTE

This Explanatory Note was written as a reader’s aid to Bill 177 and does not form part of the law.  Bill 177 has been enacted as Chapter 25 of the Statutes of Ontario, 2009.

The Bill amends the Education Act to make various amendments relating to the governance of school boards. New provisions address boards’ responsibilities for student achievement and effective stewardship of its resources and require boards to develop plans aimed at achieving these goals. The Bill sets out duties of the chair of the board relating to the chair’s conduct of meetings of the board, the chair’s relations with the public and the director of education and other matters regarding the chair’s leadership role, and the director of education is also given new duties regarding his or her supervisory role.  The Bill lists duties of the members of the board, including duties regarding their attendance and participation in meetings of the board, their relations with parents, students and supporters of the board and their compliance with the board’s code of conduct.  A new process is set out in the Bill for dealing with alleged breaches of the code of conduct by members of the board.  Various other minor or consequential changes are made regarding the powers and duties of the Minister and of other persons involved in the administration of the education system.

The Bill also removes boards’ ability to finance permanent improvements through the issue of debentures.

A purpose provision is added to the Act to indicate the purposes of education and a public education system.

Finally, the Bill repeals numerous obsolete and inapplicable provisions of the Act.

Committee Documents