Legislation and policy/program memoranda pertaining to students with special education needs
The Education Act
The Education Act requires the Minister of Education to ensure that appropriate special education programs and services are provided for exceptional pupils in accordance with the Act and the regulations. Subsection 8(3) states:
The Minister shall ensure that all exceptional children in Ontario have available to them, in accordance with this Act and the regulations, appropriate special education programs and services without payment of fees by parents or guardians resident in Ontario, and shall provide for the parents or guardians to appeal the appropriateness of the special education placement. . . .
This section of the Act requires “school boards to implement procedures for early and ongoing identification of the learning abilities and needs” of students. It also gives the right to the Minister to review the categories and definitions of exceptionalities, which are described in the Categories of Exceptionalities section.
It is mandatory for all school boards to provide, or purchase from another board, special education programs and services for their exceptional students. Subsection 170(1) states:
Every board shall . . . provide or enter into an agreement with another board to provide in accordance with the regulations special education programs and special education services for its exceptional pupils.
Subsection 1(1) defines exceptional pupil, special education program, and special education services as follows.
An exceptional pupil is:
a pupil whose behavioural, communicational, intellectual, physical or multiple exceptionalities are such that he or she is considered to need placement in a special education program by a committee, established under subparagraph iii of paragraph 5 of subsection 11(1), of the board,
- of which the pupil is a resident pupil,
- that admits or enrols the pupil other than pursuant to an agreement with another board for the provision of education, or
- to which the cost of education in respect of the pupil is payable by the Minister.
A special education program for an exceptional pupil is:
an educational program that is based on and modified by the results of continuous assessment and evaluation and that includes a plan containing special objectives and an outline of educational services that meets the needs of the exceptional pupil.
Special education services are:
facilities and resources, including support personnel and equipment, necessary for developing and implementing a special education program.
Regulations
| Regulation Number | Title | Description |
|---|---|---|
| 181/98 | Identification and Placement of Exceptional Pupils | Governs the establishment and conduct of the Identification, Placement, and Review Committee (IPRC), and sets out the procedures involved in identifying a student as exceptional, deciding the student's placement, or appealing such decisions when the parent does not agree with the IPRC. (The requirements of the regulation for the IPRC are described in detail in Part D of this guide.) Governs the establishment of the Individual Education Plan (IEP). (The requirements of the IEP are described in detail in Part E of this guide.) For more information on categories and definitions of exceptionality, see the Categories of Exceptionalities section in this part of the guide. |
| 296 | Ontario Schools for the Blind and the Deaf | Relates to the operation of the Ontario Schools for the Blind and the Deaf and sets out the requirements with respect to admissions, fees, and transportation, as well as the duties of students, teachers, residence counsellors, parents, and the superintendent. |
| 298 | Operation of Schools – General |
|
| 306 | Special Education Programs and Services | Requires each school board to maintain and regularly review a special education plan. (The requirements taken from Standards for School Boards' Special Education Plans (2000) are described in detail in Part B of this guide.) |
| 464/97 | Special Education Advisory Committees | Governs the appointment to and operation of Special Education Advisory Committees (SEACs). (The requirements of Special Education Advisory Committees are described in detail in the Advisory Committees on Special Education section in this part of the guide.) |
Policy/Program Memoranda
Policy/program memoranda (PPMs) are official statements of policy issued by the Ministry of Education and directed to school boards and schools. PPMs serve a number of functions, including:
- setting out requirements regarding the application of a regulation, a section of the Education Act, or other legislation;
- setting out a standard that boards are expected to meet or a directive with which they must comply;
- providing an interpretation of legislation or regulations that may significantly affect board practice.