Requirements under Ontario Regulation 181/98 and Policy/Program Memoranda Nos. 140 and 156

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Under Ontario Regulation 181/98, “Identification and Placement of Exceptional Pupils”, principals are required to ensure that an IEP is developed for every student who has been identified as exceptional by an Identification, Placement, and Review Committee (IPRC), within 30 school days of the student's placement in a special education program. Under this regulation, the IEP must include a transition plan for each exceptional student who is 14 years of age or older who is making the transition from secondary school to postsecondary activities, unless the student was identified as exceptional solely on the basis of giftedness.

Ontario Regulation 181/98, subsections 6(2)–6(8), 7(4)-7(7), and section 8

(2) The board shall promptly notify the principal of the school at which the special education program is to be provided of the need to develop an individual education plan for the pupil in consultation with the parent and, where the pupil is 16 years of age or older, the pupil.

(3) The individual education plan must include,
1. specific educational expectations for the pupil;
2. an outline of the special education program and services to be received by the pupil; and
3. a statement of the methods by which the pupil's progress will be reviewed.
(4) Where the pupil is 14 years of age or older, the individual education plan must also include a plan for transition to appropriate postsecondary school activities, such as work, further education, and community living.
(5) Subsection (4) does not apply in respect of a pupil identified as exceptional solely on the basis of giftedness.
(6) In developing the individual education plan, the principal shall,
1. consult with the parent and, where the pupil is 16 years of age or older, the pupil; and
2. take into consideration any recommendations made by the committee [IPRC] or the Special Education Tribunal, as the case may be, regarding special education programs or special education services.
(7) In developing a transition plan under subsection (4), the principal shall consult with such community agencies and post-secondary educational institutions as he or she considers appropriate.
(8) Within 30 school days^{footnote A[A]} after placement of the pupil in the program, the principal shall ensure that the plan is completed and a copy of it sent to a parent of the pupil and, where the pupil is 16 years of age or older, the pupil.
(4) Where an individual education plan does not include a plan for transition to appropriate post-secondary school activities and the pupil has attained the age of 14 or will attain the age of 14 within the school year, the principal shall ensure that a transition plan is developed and included in the individual education plan.

(5) Subsection (4) does not apply in respect of a pupil identified as exceptional solely on the basis of giftedness.
(6) In reviewing an individual education plan that includes a transition plan or in developing a transition plan under subsection (4), the principal shall consult with such community agencies and post-secondary educational institutions as he or she considers appropriate.
(7) Within 30 school days of an implementation of a change in placement or, where the placement is confirmed, within 30 school days of receiving the notice under subsection (1), the principal shall ensure that,
1. the plan has been reviewed and updated as appropriate;
2. a transition plan has been added to the individual education plan where required by subsection (4); and
3. a copy of the individual education plan has been sent to a parent of the pupil and, where the pupil is 16 years of age or older, the pupil.
The principal shall ensure that the individual education plan for a pupil is included in the record kept in respect of the pupil under clause 265(d) of the Act, unless a parent of the pupil has objected in writing.

(See Ontario Regulation 181/98, subsections 6(2)–6(8), 7(4)–7(7), and section 8)

In addition to developing an IEP for every student identified as exceptional by an IPRC, as required by the regulation, school boards may also develop IEPs for students who are receiving special education programs and/or related services but who have not been identified as exceptional by an IPRC.

With the release of Policy/Program Memorandum No. 140, “Incorporating Methods of Applied Behaviour Analysis (ABA) Into Programs for Students with Autism Spectrum Disorders (ASD)” (2007), it became a requirement for principals to ensure that ABA methods are incorporated into the IEPs of students with ASD, where appropriate. They must also ensure that relevant school board personnel and community personnel who have previously worked and/or are currently working with a student with an ASD are invited to provide input and participate in the IEP process. Given the range of needs for students with ASD, the principal must ensure that staff developing a student's IEP consider special education program and service options that will best take into account the student's individual strengths and areas of need in the demonstration of learning.

With regard to transition planning, in addition to what is stated above about the requirements under O. Reg. 181/98, ministry policy requires that a transition plan be developed for all students, from Kindergarten to Grade 12, who have an IEP, whether or not they have been identified as exceptional by an Identification, Placement, and Review Committee (IPRC) and including those identified as exceptional solely on the basis of giftedness. For a list of the policy requirements related to transition planning, specifically the additional requirements related to Policy/Program Memoranda Nos. 140 and 156, see the box below.

Policy Requirements for Transition Plans

Policy/Program Memorandum No. 156

With PPM No. 156, “Supporting Transitions for Students with Special Education Needs” (2013), the requirement for transition planning is extended to all students, from Kindergarten to Grade 12, who have an IEP, whether or not they have been identified as exceptional by an Identification, Placement, and Review Committee (IPRC) and including those identified as exceptional solely on the basis of giftedness. At the discretion of the board, a transition plan may also be developed for students who receive special education programs and/or services but do not have an IEP and have not been identified as exceptional.

PPM No. 156 applies to all the key transitions, including the following: on entry to school, between grades, from one program area or subject to another, when moving from school to school or from an outside agency/facility to a school, from elementary to secondary school, and from secondary school to the next appropriate pathway. In some cases, a student may have no particular need of support during transitions; in those cases, the transition plan should state that no actions are required.

Policy/Program Memorandum No. 140

PPM No. 140, “Incorporating Methods of Applied Behaviour Analysis (ABA) Into Programs for Students with Autism Spectrum Disorders (ASD)” (2007), requires transition planning, as appropriate, between various activities and settings for students with autism spectrum disorders.

PPM No. 140 also requires that:

relevant applied behaviour analysis (ABA) methods be used to support transitions, where appropriate, and
these methods be recorded in the student's transition plan.

Students with ASD undergo and require support for some or all of the key transitions listed in the previous section, as well as in making the transition from one activity or setting to another in the same classroom or environment.

Footnotes

footnote[A] Back to paragraph As amended by Ontario Regulation 137/01.

Updated: February 29, 2024

Published: August 31, 2022