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Education Act

ONTARIO REGULATION 224/10

Full day Junior Kindergarten and Kindergarten

Consolidation Period:  From June 30, 2017 to the e-Laws currency date.

Last amendment: O. Reg. 251/17.

This is the English version of a bilingual regulation.

CONTENTS

0.1

Interpretation and application

2.1

Operation requirement

3.

Exemption re early childhood educators

5.

Appointment to early childhood educator positions, urgent situations

6.

Appointment to early childhood educator positions, urgent or letter of permission

7.

Certificate cancelled, revoked or suspended

 

Interpretation and application

0.1 (1) A change in the name of a school does not affect obligations under this Regulation with respect to the school.  O. Reg. 340/11, s. 1.

(1.1) The obligations under this Regulation with respect to a school terminate upon the closure of the school. O. Reg. 289/13, s. 1.

(2) This Regulation only applies to district school boards, The Protestant Separate School Board of the Town of Penetanguishene, The Moosonee District School Area Board and The Moose Factory Island District School Area Board.  O. Reg. 340/11, s. 1.

(3) In this Regulation,

“French immersion” means classes or courses for English-speaking pupils in which French is the language of instruction for an average of 150 or more minutes per school day. O. Reg. 137/14, s. 1.

1. Revoked:  O. Reg. 342/11, s. 1.

2. Revoked:  O. Reg. 342/11, s. 2.

Operation requirement

2.1 (1) Every board shall, in every elementary school of the board in which instruction is given in grade 1, operate a full day junior kindergarten and kindergarten in accordance with paragraph 6.2 of subsection 170 (1) of the Act. O. Reg. 137/14, s. 2.

(2) Despite subsection (1), a board is not required to operate full day junior kindergarten or full day kindergarten in the following circumstances:

1. A board is not required to operate full day junior kindergarten in a school if, pursuant to a policy of the board approved on or before June 26, 2014, the school offers only French immersion, starting in kindergarten or later.

2. A board is not required to operate full day junior kindergarten or full day kindergarten in a school if, pursuant to a policy of the board approved on or before June 26, 2014, the school offers only French immersion, starting in grade 1 or later.

3. A board is not required to operate full day junior kindergarten or kindergarten in a school in a school year if the school is identified in a policy or guideline issued by the Minister pursuant to paragraph 3.0.0.1 of subsection 8 (1) of the Act, and published on a Government of Ontario website, as a school that is not required to operate full day junior kindergarten or kindergarten for the school year, due to facility or other operational barriers to the board’s ability to operate full day junior kindergarten or kindergarten in that school in that school year.

4. The Toronto District School Board is not required to operate full day junior kindergarten or kindergarten in Thorncliffe Park Public School.

5. Revoked:  O. Reg. 435/16, s. 1.

O. Reg. 137/14, s. 2; O. Reg. 435/16, s. 1.

Exemption re early childhood educators

3. (1) A board is not required to designate a position in a class that includes a junior kindergarten pupil or a kindergarten pupil as a position requiring an early childhood educator or to appoint an early childhood educator to such a position if the following conditions apply:

1. The class has fewer than 16 pupils who are enrolled in junior kindergarten or kindergarten.

2. If the class is in a school that does not offer French immersion, none of the classes in the school that include a junior kindergarten pupil or kindergarten pupil have more than 30 pupils.

3. If the class is an English class in a school that offers French immersion, none of the English classes in the school that include a junior kindergarten or kindergarten pupil have more than 30 pupils.

4. If the class is a French immersion class, none of the French immersion classes in the school that include a junior kindergarten pupil or kindergarten pupil have more than 30 pupils. O. Reg. 251/17, s. 1 (1).

(1.1) The date selected by the board for the purposes of subsection (1) must be the same date that is selected for the purposes of section 3 of Ontario Regulation 132/12 (Class Size) made under the Act in relation to determining class sizes in elementary schools.  O. Reg. 133/12, s. 1 (2).

(2) Except in the circumstances described in subsection (3), subsection (1) applies to only one class in each school of the board.  O. Reg. 224/10, s. 3 (2); O. Reg. 251/17, s. 1 (2).

(3) In each school of the board that offers French immersion in junior kindergarten or kindergarten, subsection (1) applies to,

(a) only one English class; and

(b) only one French immersion class. O. Reg. 251/17, s. 1 (3).

4. Revoked:  O. Reg. 342/11, s. 4.

Appointment to early childhood educator positions, urgent situations

5. (1) Subject to section 6, where no early childhood educator is available, a board may appoint, to a junior kindergarten or kindergarten position designated by the board as requiring an early childhood educator, a person who is not,

(a) an early childhood educator; or

(b) a person authorized by a letter of permission to be appointed to a position designated by the board as requiring an early childhood educator.  O. Reg. 323/10, s. 1.

(2) A person appointed under subsection (1) shall be 18 years of age or older and hold an Ontario secondary school diploma, a secondary school graduation diploma or a secondary school honour graduation diploma, or an equivalent to any of them.  O. Reg. 323/10, s. 1.

(3) An appointment under this section is valid for 10 school days commencing with the day on which the person is appointed.  O. Reg. 323/10, s. 1.

(4) A board shall submit an annual report to the Minister, and any additional reports that the Minister may require, about appointments made under this section.  O. Reg. 323/10, s. 1.

(5) A report shall address such matters as the Minister may specify and shall be submitted within the time and in the form that the Minister may specify.  O. Reg. 323/10, s. 1.

Appointment to early childhood educator positions, urgent or letter of permission

6. (1) A board shall not appoint a person to a junior kindergarten or kindergarten position designated by the board as requiring an early childhood educator under section 5, or in accordance with a letter of permission, if the person is or has ever been a member of the College of Early Childhood Educators.  O. Reg. 323/10, s. 1.

(2) A board shall not appoint a person to a junior kindergarten or kindergarten position designated by the board as requiring an early childhood educator under section 5, or in accordance with a letter of permission, unless the person has provided to the board a written statement that any early childhood education certificate or licence granted to him or her by another jurisdiction is not cancelled, suspended or revoked for any reason other than failure to pay fees or levies to the governing body.  O. Reg. 323/10, s. 1.

Certificate cancelled, revoked or suspended

7. A person whose early childhood education certificate of registration is cancelled, revoked or suspended by the College of Early Childhood Educators shall not be appointed to a junior kindergarten or kindergarten position designated by a board as requiring an early childhood educator.  O. Reg. 323/10, s. 1.

Schedule 1 Revoked:  O. Reg. 342/11, s. 5.

 

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