You're using an outdated browser. This website will not display correctly and some features will not work.
Learn more about the browsers we support for a faster and safer online experience.

# result(s)

Education Act

ONTARIO REGULATION 99/02

Amended to O. Reg. 1/03

TEACHER PERFORMANCE APPRAISAL

Historical version for the period September 1, 2003 to June 11, 2006.

This is the English version of a bilingual regulation.

PART I
GENERAL

Interpretation

1. (1) This Regulation applies to performance appraisals of teachers conducted under Part X.2 of the Act. O. Reg. 99/02, s. 1 (1).

(2) References in this Regulation to a principal include references to a person other than a principal who conducts a performance appraisal of a teacher under Part X.2 of the Act. O. Reg. 99/02, s. 1 (2).

(3) The interpretations and definitions in Part X.2 of the Act apply for the purposes of this Regulation. O. Reg. 99/02, s. 1 (3).

Notice of evaluation year

2. Within 20 school days after a teacher commences teaching in a year that is scheduled as an evaluation year for the teacher, the appropriate principal shall notify the teacher that the year is an evaluation year. O. Reg. 99/02, s. 2.

Competencies and rating scale

3. (1) In conducting a performance appraisal, a principal shall evaluate the teacher’s competencies, as set out in the Schedule. O. Reg. 99/02, s. 3 (1).

(2) The principal shall assign one of the following overall performance ratings to a teacher, based on the results of the performance appraisal:

1. Exemplary.

2. Good.

3. Satisfactory.

4. Unsatisfactory. O. Reg. 99/02, s. 3 (2).

Performance appraisal

4. (1) A performance appraisal of a teacher must satisfy the following requirements:

1. The teacher must be evaluated with respect to the areas of competency in section 3 and such other areas of competency as may be provided for by the appropriate board under subsection 277.32 (1) of the Act.

2. The performance appraisal must include the steps listed in subsection (2).

3. The performance appraisal must be conducted in accordance with such guidelines as the Minister may issue and in accordance with such additional policies, rules, standards, methods, processes, timelines and steps as may be established by the appropriate board. O. Reg. 99/02, s. 4 (1).

(2) A performance appraisal must include the following steps:

1. A meeting between the principal and the teacher in preparation for a classroom observation of the teacher and to review the teacher’s current learning plan.

2. The completion by the principal and teacher of a pre-observation profile in a form approved by the Minister.

3. A classroom observation to evaluate the teacher’s competencies, including a determination by the principal of whether the teacher has the knowledge and is employing the practices described in the guidelines issued by the Minister under subsection 277.33 (1) of the Act.

4. A meeting between the principal and the teacher after the classroom observation,

i. to review the results of the classroom observation,

ii. to discuss other information relevant to the principal’s evaluation of the teacher’s competency, including parental input and pupil input concerning the teacher,

iii. to complete the post-observation report, in a form approved by the Minister, and

iv. to finalize the teacher’s learning plan for the current year.

5. An opportunity for the teacher to review and respond to the principal in respect of the parental input, pupil input or both, within such period of time as the principal considers reasonable in the circumstances.

6. Consideration by the principal of any response provided by the teacher under paragraph 5.

7. Preparation by the principal of a summative report of the performance appraisal, in a form approved by the Minister, containing,

i. the principal’s evaluation of the teacher,

ii. the principal’s overall performance rating of the teacher, and

iii. the principal’s explanation for the rating.

8. Provision to the teacher of a copy of the summative report, signed by the principal, within 20 school days after the classroom observation.

9. Signature by the teacher of a copy of the summative report, to acknowledge receipt by the teacher of a copy of the report.

10. Provision to the appropriate board of a copy of the summative report, as signed by both the principal and the teacher, and the teacher’s learning plan for the year. O. Reg. 99/02, s. 4 (2).

(3) At the request of either the teacher or the principal, the teacher and principal shall meet to discuss the performance appraisal after the teacher receives a copy of the summative report. O. Reg. 99/02, s. 4 (3).

(4) In this section,

“classroom observation” includes the observation of a teacher in his or her ordinary teaching environment if that environment is not a classroom. O. Reg. 99/02, s. 4 (4).

Parental and pupil input

5. (1) Starting in the school year commencing in 2002, every board shall develop an annual written parent survey and pupil survey in consultation with the school councils and principals for the schools governed by the board, the special education advisory committee and those parents, pupils and teachers who are interested. O. Reg. 99/02, s. 5 (1).

(2) A parent survey must ask for parental input on each teacher of each child of the parent and the parent’s level of satisfaction with communication between the parent and the teacher about the child’s learning and progress. O. Reg. 99/02, s. 5 (2).

(3) A pupil survey must ask for input from each pupil who is in a grade 11 or 12 or OAC course in a school governed by the board, relating to,

(a) communication between the pupil and each of the pupil’s teachers of a grade 11 or 12 or OAC course; and

(b) whether each of the teachers effectively promotes pupil learning. O. Reg. 99/02, s. 5 (3).

(4) The responses given in a parent survey and a pupil survey,

(a) must not be used for any purpose other than a performance appraisal of a teacher referred to in the responses; and

(b) must not be disclosed to any person other than the principal, the appropriate supervisory officer and the appropriate board, except as permitted under this Regulation. O. Reg. 99/02, s. 5 (4).

(5) The principal shall, on the request of a parent or pupil, remove all words and names that would identify the parent or pupil from a document that contains input from the parent or pupil, including a parent survey and a pupil survey, before the document or a copy of the document is provided to a teacher. O. Reg. 99/02, s. 5 (5).

(6) The principal shall not disclose to a teacher any parental input or pupil input that relates to another teacher. O. Reg. 99/02, s. 5 (6).

Performance appraisals if teaching only one semester

6. If a teacher is teaching in only one semester during a year that is scheduled as an evaluation year of the teacher, all performance appraisals of the teacher required during that evaluation year must be conducted in that semester. O. Reg. 99/02, s. 6.

Periods of time excluded from three-year cycle

7. (1) For the purposes of section 277.28 of the Act, the three-year cycle of a teacher employed by a board excludes the following periods of time:

1. A year during which the teacher does not teach at any time in a school governed by the board.

2. A period in a year in the three-year cycle that is scheduled as an evaluation year for the teacher if, throughout the period, the teacher is on an extended leave that has been approved by the board.

3. A period when the teacher is on secondment to a non-teaching position.

4. A period when the teacher is on secondment to a teaching position outside the Ontario public education system. O. Reg. 99/02, s. 7 (1).

(2) If a teacher is on an extended leave during all or part of a year that is scheduled as an evaluation year, any performance appraisal that would otherwise be carried out during that period must be conducted within 60 school days after the teacher returns from leave. O. Reg. 99/02, s. 7 (2).

Rules, seconded teachers

8. (1) The following rules apply to every teacher who is seconded to a teaching position in the Ontario public education system during a three-year cycle:

1. The year that is scheduled as an evaluation year for the teacher during the cycle does not change.

2. The board from which the teacher is seconded must advise the board to which the teacher is seconded of the teacher’s position in the teacher’s three-year cycle.

3. The board to which the teacher is seconded shall ensure that all performance appraisals of the teacher that are required during the period the teacher is on secondment to the board are carried out. O. Reg. 99/02, s. 8 (1).

(2) If a performance appraisal carried out while a teacher is seconded to another board results in an unsatisfactory overall performance rating, the following rules apply:

1. The secondment agreement terminates.

2. The performance appraisal is deemed not to have been conducted except for the purposes of terminating the secondment agreement.

3. The teacher’s three-year cycle recommences on the termination of the secondment agreement and the first year in the cycle is an evaluation year for the teacher.

4. The board to which the teacher returns shall ensure a performance appraisal of the teacher is conducted within 60 school days after the teacher’s return. O. Reg. 99/02, s. 8 (2).

Records

9. Every board shall retain each record made under Part X.2 of the Act for a period of at least six years from the date of the summative report of the performance appraisal to which the record relates. O. Reg. 99/02, s. 9.

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. O. Reg. 1/03, s. 2.

(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. O. Reg. 1/03, s. 2.

(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. O. Reg. 1/03, s. 2.

(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). O. Reg. 1/03, s. 2.

(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. O. Reg. 1/03, s. 2.

(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. O. Reg. 1/03, s. 2.

(7) Subsections (3) to (6) apply only for the purposes of subsection (1). O. Reg. 1/03, s. 2.

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. O. Reg. 1/03, s. 2.

(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. O. Reg. 1/03, s. 2.

(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. O. Reg. 1/03, s. 2.

(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). O. Reg. 1/03, s. 2.

(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. O. Reg. 1/03, s. 2.

(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. O. Reg. 1/03, s. 2.

(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. O. Reg. 1/03, s. 2.

(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). O. Reg. 1/03, s. 2.

(9) Subsections (3) to (8) apply only for the purposes of subsection (1). O. Reg. 1/03, s. 2.

SCHEDULE
TEACHER COMPETENCIES

Commitment to pupils and pupil learning

Teachers:

(a) demonstrate commitment to the well-being and development of all pupils,

(b) are dedicated in their efforts to teach and support pupil learning and achievement,

(c) treat all pupils equitably and with respect,

(d) provide an environment for learning that encourages pupils to be problem-solvers, decision-makers, life-long learners and contributing members of a changing society,

Professional knowledge

Teachers:

(e) know their subject matter, the Ontario curriculum and education-related legislation,

(f) know a variety of effective teaching and assessment practices,

(g) know a variety of effective classroom management strategies,

(h) know how pupils learn and factors that influence pupil learning and achievement,

Teaching practice

Teachers:

(i) use their professional knowledge and understanding of pupils, curriculum, legislation, teaching practices and classroom management strategies to promote the learning and achievement of their pupils,

(j) communicate effectively with pupils, parents and colleagues,

(k) conduct ongoing assessment of their pupils’ progress, evaluate their achievement and report results to pupils and parents regularly,

(l) adapt and refine their teaching practices through continuous learning and reflection, using a variety of sources and resources,

(m) use appropriate technology in their teaching practices and related professional responsibilities,

Leadership and community

Teachers:

(n) collaborate with other teachers and school colleagues to create and sustain learning communities in their classrooms and in their schools,

(o) work with other professionals, parents and members of the community to enhance pupil learning, pupil achievement and school programs,

Ongoing professional learning

Teachers:

(p) engage in ongoing professional learning and apply it to improve their teaching practices.

O. Reg. 99/02, Sched.