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O. Reg. 1/03: TEACHER PERFORMANCE APPRAISAL

filed January 7, 2003 under Education Act, R.S.O. 1990, c. E.2

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ontario regulation 1/03

made under the

education act

Made: December 18, 2002
 Filed: January 7, 2003
Printed in The Ontario Gazette: January 25, 2003

Amending O. Reg. 99/02

(Teacher Performance Appraisal)

1. Ontario Regulation 99/02 is amended by adding the following immediately before section 1:

PART I
GENERAL

2. Section 10 of the Regulation is revoked and the following substituted:

PART II
PROVINCIAL SCHOOLS AND DEMONSTRATION SCHOOLS

Provincial schools

10. (1) Part X.2 of the Act, Part I of this Regulation, the other regulations under Part X.2 of the Act, and the guidelines, rules and policies under Part X.2 of the Act, apply to schools established or continued under subsection 13 (1), (2) or (4) of the Act and to schools operated by a ministry under the Provincial Schools Negotiations Act, subject to such modifications as the circumstances require, including the modifications set out in this section.

(2) If a teacher employed by a board is seconded to a school referred to in subsection (1), subsection (1) does not apply to the teacher unless Part X.2 of the Act applies to the board.

(3) Despite subsection 277.15 (1) of the Act and subsection 1 (3) of this Regulation, in Part X.2 of the Act, Part I of this Regulation, the other regulations under Part X.2 of the Act, and the guidelines, rules and policies under Part X.2 of the Act, unless the context requires otherwise,

(a) a reference to a board shall be deemed to be a reference to the Provincial Schools Authority;

(b) a reference to the designated bargaining agent for a teachers’ bargaining unit shall be deemed to be a reference to the bargaining agent referred to in subsection 5 (4) of the Provincial Schools Negotiations Act;

(c) a reference to a teacher shall be deemed to be a reference to a teacher as defined in section 1 of the Provincial Schools Negotiations Act, other than a continuing education teacher;

(d) a reference to a teachers’ bargaining unit shall be deemed to be a reference to the bargaining unit referred to in subsection 5 (2) of the Provincial Schools Negotiations Act;

(e) a reference to a director of education for a board shall be deemed to be a reference to the chair of the Provincial Schools Authority;

(f) a reference to a school council shall be deemed to be a reference to any body that acts in a capacity similar to a school council; and

(g) a reference to a special education advisory committee shall be deemed to be a reference to any body that acts in a capacity similar to a special education advisory committee.

(4) Subsections 277.15 (2) and (3) and sections 277.24 to 277.27 of the Act have no application to the schools referred to in subsection (1).

(5) Despite subsections 277.29 (1) and (2) of the Act, for the purposes of section 277.29 of the Act,

(a) a teacher shall be considered to be new to the Provincial Schools Authority during the 24-month period following his or her being hired as a teacher by the Authority, if the teacher was not employed by the Authority as a teacher immediately before being hired;

(b) a teacher shall be considered to be new to the profession during the 24-month period following his or her being hired by the Provincial Schools Authority or a board, if the teacher has never been,

(i) employed as a teacher by a board,

(ii) employed as a teacher by the Provincial Schools Authority, or

(iii) employed as a teacher in connection with a demonstration school established or continued under section 13 of the Act; and

(c) a teacher shall not be considered new to the Provincial Schools Authority if the teacher is seconded from a board to the Authority and is not new to the board within the meaning of subsection 277.29 (1) of the Act.

(6) Subsection 5 (1) of this Regulation permits, but does not require, the Provincial Schools Authority to develop an annual written parent survey with respect to schools operated under the Provincial Schools Negotiations Act by a person or body other than the Ministry.

(7) Subsections (3) to (6) apply only for the purposes of subsection (1).

Demonstration schools

11. (1) Part X.2 of the Act, Part I of this Regulation, the other regulations made under Part X.2 of the Act, and the guidelines, rules and policies under Part X.2 of the Act, apply to the demonstration schools established under clause 13 (5) (a) of the Act, subject to such modifications as the circumstances require, including the modifications set out in this section.

(2) If a teacher employed by a board is seconded to a school referred to in subsection (1), subsection (1) does not apply to the teacher unless Part X.2 of the Act applies to the board.

(3) Despite subsection 277.15 (1) of the Act and subsection 1 (3) of this Regulation, in Part X.2 of the Act, Part I of this Regulation, the other regulations under Part X.2 of the Act, and the guidelines, rules and policies under Part X.2 of the Act, unless the context requires otherwise,

(a) a reference to a board shall be deemed to be a reference to the Ministry;

(b) a reference to a teacher employed by a board shall be deemed to be a reference to a teacher employed by a board and seconded to a school referred to in subsection (1);

(c) a reference to a school council shall be deemed to be a reference to any body that acts in a capacity similar to a school council; and

(d) a reference to a special education advisory committee shall be deemed to be a reference to the Learning Disabilities Association of Ontario.

(4) Clauses (3) (a) and (b) do not apply to the following provisions with respect to a teacher that is employed by a board and seconded to a school referred to in subsection (1):

1. Subsections 277.28 (1) and (3) of the Act.

2. Section 277.29 of the Act.

3. Sections 277.42, 277.43 and 277.44 of the Act.

4. Section 2 of Ontario Regulation 98/02 (Teacher Learning Plans).

(5) Despite subsections 277.15 (5) and (6) of the Act,

(a) nothing in Part X.2 of the Act, or any regulation, guideline, policy or rule under that Part, shall be interpreted to limit rights otherwise available to the Ministry or a board relating to discipline of any teacher, including but not limited to rights relating to reassignment of duties, suspension or termination of the employment of the teacher, whether or not a performance appraisal process relating to the teacher is being conducted under that Part; and

(b) nothing in Part X.2 of the Act, or any regulation, guideline, policy or rule under it, shall be interpreted to limit the Ministry’s ability or a board’s ability to complete a performance appraisal of a teacher begun before that Part begins to apply to the Ministry, board or teacher, or to follow any process or take any action relating to that performance appraisal that the Ministry or board might have followed or taken but for that Part.

(6) Despite subsection 277.18 (3) of the Act, in the circumstances described in clause 277.18 (1) (b) of the Act, where no other supervisory officer employed by the Ministry is able to perform the duty and exercise the power in a timely way, because of absence or for some other reason, a supervisory officer employed by a board may, by arrangement between the Ministry and the board, perform the duty and exercise the power.

(7) Despite clauses 277.21 (1) (b) and (4) (b) of the Act, the Lieutenant Governor in Council may make regulations in relation to Part X.2 of the Act establishing rules to apply where a board seconds a teacher to the Ministry, and the regulations may assign responsibilities under that Part as between the seconding board and the Ministry.

(8) Sections 277.24 to 277.27 and 277.35 to 277.41 of the Act have no application to the schools referred to in subsection (1).

(9) Subsections (3) to (8) apply only for the purposes of subsection (1).

3. This Regulation comes into force on September 1, 2003.

 

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