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EDucation Act

ONTARIO REGULATION 132/12

Class size

Historical version for the period August 22, 2019 to Septembre 2, 2020.

Last amendment: 287/19.

Legislative History: 80/14, 245/17, 287/19.

This is the English version of a bilingual regulation.

Interpretation

Definitions

1. (1) In this Regulation,

“class”, in relation to elementary schools, means a group of pupils who are scheduled to spend more than 50 per cent of their instructional time together during the cycle that includes October 31, but does not include a self-contained class established for exceptional pupils; (“classe”)

“class”, in relation to secondary schools, means,

(a) a group of pupils,

(i) who are scheduled to be together for the purposes of instruction in a course for which a credit or part of a credit may be earned, during a scheduled part of the day school program provided on instructional days,

(ii) who are each eligible to earn the same number of credits on successfully completing the course that he or she is taking during that scheduled part of the day school program provided on instructional days, and

(iii) who are taught the course by a teacher who is responsible for the instruction of the course, the evaluation of the progress of the pupils in that course and the reporting to the principal of the progress of the pupils in that course, or

(b) a co-operative education class,

but does not include,

(c) a transfer course class, or

(d) a class established for exceptional pupils; (“classe”)

“co-operative education class” means a group of pupils,

(a) who are enrolled in a co-operative education program,

(b) who are scheduled to spend some instructional time together in school during the school year in connection with the co-operative education program, and

(c) who are each eligible to earn the same number of credits on successfully completing the course that he or she is taking in the co-operative education program; (“classe d’éducation coopérative”)

“course” means a course at the secondary school level that is assigned a common course code in the list of common course codes published by the Ministry; (“cours”)

“cycle” means the number of days for which a schedule of classes in a school continues before the schedule is repeated; (“horaire”)

“instructional day” has the same meaning as in Regulation 304 of the Revised Regulations of Ontario, 1990 (School Year Calendar, Professional Activity Days), made under the Act; (“journée d’enseignement”)

“legislative grant regulation” means a regulation made under subsection 234 (1) of the Act; (“règlement sur les subventions générales”)

“transfer course” means a transfer course as described in the Ministry publication entitled “Ontario Secondary Schools Grades 9 to 12 — Program and Diploma Requirements — 1999”. (“cours de transition”)  O. Reg. 132/12, s. 1 (1); O. Reg. 80/14, s. 1 (1), O. Reg. 287/19, s. 1.

(2) For the purposes of determinations under this Regulation in relation to elementary schools,

(a) pupils include pupils enrolled in full day junior kindergarten or kindergarten;

(b) a class can consist of pupils enrolled in the same grade or in different grades; and

(c) junior kindergarten and kindergarten are to be considered grades.  O. Reg. 132/12, s. 1 (2); O. Reg. 80/14, s. 1 (2, 3).

(3) For the purposes of determinations under this Regulation in relation to secondary schools,

(a) a class can consist of pupils enrolled in the same grade or in different grades and in the same course or in different courses;

(b) a pupil taking a course as an independent study course shall not be considered a class or a part of a class; and

(c) the credit value of a class is the number of credits that each pupil in the class is eligible to earn on successfully completing the course that he or she is taking in connection with the class.  O. Reg. 132/12, s. 1 (3).

(4) Revoked: O. Reg. 80/14, s. 1 (4).

(5) This Regulation applies only to district school boards and to classes in schools operated by district school boards.  O. Reg. 132/12, s. 1 (5).

Elementary School Classes — Full day Junior Kindergarten and Kindergarten

Class size average

2. The average size in each school year of the classes of a board that include one or more pupils enrolled in junior kindergarten or kindergarten shall not exceed 26. O. Reg. 245/17, s. 1.

Class size limit

2.1 (1) The class size limit of a class of a board that consists only of pupils enrolled in junior kindergarten and kindergarten is 29. O. Reg. 245/17, s. 1.

(2) In each school year, 10 per cent or less of the classes of a board that have only pupils in junior kindergarten and kindergarten may have a class size that exceeds the class size limit, but that does not exceed 32, in any of the following circumstances:

1. Exceeding the class size limit would reduce the number of classes that have both a pupil in junior kindergarten or kindergarten and a pupil in grade 1.

2. Not exceeding the class size limit would negatively affect a program, such as French immersion.

3. In respect of a school year during the period beginning in the 2017-2018 school year up until and including the 2021-2022 school year, purpose built accommodation is not available. O. Reg. 245/17, s. 1.

2.2 Revoked: O. Reg. 245/17, s. 1.

Class size determination

3. (1) Each board shall select for each school year a date not earlier than September 1 and not later than September 30 as the date as of which class sizes in elementary schools shall be determined.  O. Reg. 132/12, s. 3 (1).

(2) The average size in a school year of a board’s full day junior kindergarten and kindergarten classes shall be determined for the school year, as of the date selected under subsection (1), as follows:

1. Determine the number of pupils enrolled in full day junior kindergarten or kindergarten classes.

2. Determine the number of full day junior kindergarten and kindergarten classes in the schools.

3. Divide the number determined under paragraph 1 by the number determined under paragraph 2. O. Reg. 80/14, s. 3.

(3) If a full day junior kindergarten or kindergarten class includes one or more pupils enrolled in full day junior kindergarten or kindergarten and one or more pupils enrolled in any other grade,

(a) for the purposes of paragraph 1 of subsection (2), only the pupils in the class who are enrolled in full day junior kindergarten or kindergarten shall be counted; and

(b) for the purposes of paragraph 2 of subsection (2), the class shall be counted as the number obtained by dividing the number of pupils in the class who are enrolled in full day junior kindergarten or kindergarten by the total number of pupils in the class. O. Reg. 80/14, s. 3.

(4) For greater certainty, the purpose of the determination of the average size of a board’s full day junior kindergarten and kindergarten classes under subsection (2) is to ensure that the requirement set out in section 2 is met. O. Reg. 80/14, s. 3.

Elementary School Classes — Other Primary

Application

4. Sections 5 and 6 apply to classes of a board that consist only of pupils enrolled in the primary division, unless the class consists only of pupils enrolled in full day junior kindergarten or kindergarten.  O. Reg. 132/12, s. 4; O. Reg. 80/14, s. 4.

Class size limit

5. (1) A class to which this section applies shall have 23 or fewer pupils.  O. Reg. 132/12, s. 5 (1).

(2) In each school year, at least 90 per cent of the classes described in section 4 shall have 20 or fewer pupils.  O. Reg. 132/12, s. 5 (2).

Class size determination

6. The size in a school year of the classes of a board to which this section applies shall be determined for the school year as of the date selected under subsection 3 (1).  O. Reg. 132/12, s. 6.

Elementary School Classes — Grades 4, 5, 6, 7 and 8

Class size average

7. (1) The average size in each school year of the classes of a board that include one or more pupils enrolled in any of grades 4, 5, 6, 7 or 8 shall not exceed 24.50. O. Reg. 245/17, s. 2.

(2) However, for a board listed in the following Table, for the 2017-2018 and 2018-2019 school years, the average size of the classes of the board that have one or more pupils enrolled in grade 4, 5, 6, 7 or 8 shall not exceed the number specified for the board in the appropriate Column of the Table.

Table

Item

Column 1
Name of board

Column 2
Maximum class size average for the 2017-2018 school year

Column 3
Maximum class size average for the 2018-2019 school year

1.

Algoma District School Board

24.03

24.03

2.

Avon Maitland District School Board

26.02

25.64

3.

Bluewater District School Board

25.05

24.69

4.

Brant Haldimand Norfolk Catholic District School Board

25.24

24.88

5.

District School Board of Niagara

25.73

25.35

6.

District School Board Ontario North East

21.60

21.60

7.

Grand Erie District School Board

24.15

24.15

8.

Halton Catholic District School Board

24.85

24.50

9.

Halton District School Board

24.75

24.50

10.

Hamilton-Wentworth Catholic District School Board

25.14

24.79

11.

Hamilton-Wentworth District School Board

24.75

24.50

12.

Hastings and Prince Edward District School Board

24.32

24.32

13.

Keewatin-Patricia District School Board

22.00

22.00

14.

Lambton Kent District School Board

24.35

24.35

15.

Limestone District School Board

24.40

24.40

16.

London District Catholic School Board

25.24

24.88

17.

Near North District School Board

23.30

23.30

18.

Rainbow District School Board

24.10

24.10

19.

Rainy River District School Board

22.38

22.38

20.

Renfrew County District School Board

24.10

24.10

21.

Superior-Greenstone District School Board

18.50

18.50

22.

Thames Valley District School Board

24.65

24.50

23.

Toronto Catholic District School Board

25.34

24.97

24.

Toronto District School Board

23.24

23.24

25.

Trillium Lakelands District School Board

24.41

24.41

26.

Upper Grand District School Board

24.85

24.50

27.

Waterloo Catholic District School Board

24.66

24.50

28.

Waterloo Region District School Board

24.61

24.50

29.

Windsor-Essex Catholic District School Board

24.56

24.50

30.

York Catholic District School Board

24.56

24.50

31.

York Region District School Board

24.92

24.57

O. Reg. 287/19, s. 2.

Class size determination

8. The average size in a school year of the classes of a board that include one or more pupils enrolled in any of grades 4, 5, 6, 7 and 8 shall be determined for the school year, as of the date selected under subsection 3 (1), as follows:

1. Determine the number of pupils enrolled in the board’s classes that include one or more pupils enrolled in any of grades 4, 5, 6, 7 and 8.

2. Determine the number of the board’s classes that include one or more pupils enrolled in any of grades 4, 5, 6, 7 and 8.

3. Divide the number determined under paragraph 1 by the number determined under paragraph 2.  O. Reg. 132/12, s. 8.

Elementary School Classes — Mixed Grades

Class size limit

9. (1) If a class includes one or more pupils enrolled in the primary division and one or more pupils enrolled in grade 4, 5, 6, 7 or 8, the class shall have 23 or fewer pupils.  O. Reg. 132/12, s. 9 (1).

(2) For greater certainty, subsection (1) does not apply to classes that consist only of pupils enrolled in full day junior kindergarten or kindergarten. O. Reg. 80/14, s. 5.

Class size determination

10. (1) The size in a school year of a board’s classes described in subsection 9 (1) shall be determined for the school year as of the date selected under subsection 3 (1).  O. Reg. 132/12, s. 10 (1).

(2) For greater certainty, a board’s classes described in subsection 9 (1) shall be included in the determination of class sizes under section 8.  O. Reg. 132/12, s. 10 (2).

Elementary School Classes — Reporting

Reporting

11. (1) By October 31 in each school year, each board shall submit a report for the school year on class size in its elementary schools to the Minister, in a format acceptable to the Minister.  O. Reg. 132/12, s. 11 (1).

(2) The board shall ensure that, by October 31 in each school year,

(a) copies of the report are available to the public at the head office of the board and at the office of each school of the board; and

(b) a copy of the report is submitted to the chair of the school council for each school of the board.  O. Reg. 132/12, s. 11 (2).

(3) The report shall include, but is not limited to, information relating to the board’s reliance on the circumstances under subsection 2.1 (2). O. Reg. 245/17, s. 3.

Secondary School Classes

Class size average

12. (1) Subject to subsections (2) and (3), the average size in each school year of a board’s secondary school classes shall not exceed 22. O. Reg 287/19, s. 3.

(2) The average class size in the 2019-2020 school year of a board’s secondary school classes shall not exceed the number determined as follows:

1. Determine the number of pupil credits for the board for the 2018-2019 school year under paragraphs 1 to 5 of section 13.

2. Determine the minimum number of required classroom credits for the 2018-2019 school year by dividing the number determined under paragraph 1 by 22.

3. Determine the number of classroom credits lost to eligible attrition by taking the product of 6 and the number specified for the board in Column 3 of the Table to section 48 of Ontario Regulation 277/19 (Grants for Student Needs — Legislative Grants for the 2019-2020 School Board Fiscal Year) made under the Act.

4. Subtract the number determined under paragraph 3 from the number determined under paragraph 2.

5. Divide the number determined under paragraph 1 by the number determined under paragraph 4.

6. Determine the number of pupil credits for the board for the 2019-2020 school year under paragraphs 1 to 5 of section 13.

7. Subtract the number determined under paragraph 1 from the number determined under paragraph 6.

8. Take the lesser of zero and the number determined under paragraph 7.

9. Divide the number determined under paragraph 8 by the number determined under paragraph 5.

10. Determine the minimum number of required classroom credits for the 2019-2020 school year by taking the total of the numbers determined under paragraphs 4 and 9.

11. Divide the number determined under paragraph 6 by the number determined under paragraph 10. O. Reg 287/19, s. 3.

(3) For the 2020-2021 school year and subsequent school years, the average class size in a given school year of a board’s secondary school classes shall not exceed the number determined as follows:

1. Determine the minimum number of required classroom credits for the immediately preceding school year, which,

i. in the 2020-2021 school year, is the number determined under paragraph 10 of subsection (2) for the 2019-2020 school year, and

ii. in the 2021-2022 school year and any subsequent school year, is the number determined under paragraph 10 of this subsection for the immediately preceding school year.

2. Determine the number of classroom credits lost to eligible attrition by taking the product of 6 and the number specified for the board in Column 3 of the Table to the section in the legislative grant regulation for the given school year under which the teacher job protection amount is determined.

3. Subtract the number determined under paragraph 2 from the number determined under paragraph 1.

4. Determine the number of pupil credits for the board for the preceding school year under paragraphs 1 to 5 of section 13.

5. Divide the number determined under paragraph 4 by the number determined under paragraph 3.

6. Determine the number of pupil credits for the board for the given school year under paragraphs 1 to 5 of section 13.

7. Subtract the number determined under paragraph 4 from the number determined under paragraph 6.

8. Take the lesser of zero and the number determined under paragraph 7.

9. Divide the number determined under paragraph 8 by the number determined under paragraph 5.

10. Determine the minimum number of required classroom credits for the given school year by taking the total of the numbers determined under paragraphs 3 and 9.

11. Divide the number determined under paragraph 6 by the number determined under paragraph 10. O. Reg 287/19, s. 3.

Class size determination — average class size for a board

13. The average size in a school year of a board’s secondary school classes shall be determined for each school year, as follows:

1. For each non-semestered class in each secondary school of the board, multiply the number of pupils enrolled in the class as of October 31 in the school year by one-half of the credit value of the class. Total the results obtained.

2. For each non-semestered class in each secondary school of the board, multiply the number of pupils enrolled in the class as of March 31 in the school year by one-half of the credit value of the class. Total the results obtained.

3. For each semestered class held in the first semester in each secondary school of the board, multiply the number of pupils enrolled in the class as of October 31 in the school year by the credit value of the class. Total the results obtained.

4. For each semestered class held in the second semester in each secondary school of the board, multiply the number of pupils enrolled in the class as of March 31 in the school year by the credit value of the class. Total the results obtained.

5. Total the totals obtained under paragraphs 1, 2, 3 and 4. The result is the number of pupil credits for the board.

6. Determine the credit value of each non-semestered class in each secondary school of the board. Total the numbers obtained.

7. Determine the credit value of each semestered class held in the first semester in each secondary school of the board. Total the numbers obtained.

8. Determine the credit value of each semestered class held in the second semester in each secondary school of the board. Total the numbers obtained.

9. Total the totals obtained under paragraphs 6, 7 and 8. The result is the number of classroom credits for the board.

10. Divide the number of pupil credits for the board, determined under paragraph 5, by the number of classroom credits for the board, determined under paragraph 9.  O. Reg. 132/12, s. 13.

Class size determination — average class size for a school

14. The average size in a school year of a secondary school’s classes shall be determined for each school year as follows:

1. For each non-semestered class in the secondary school, multiply the number of pupils enrolled in the class as of October 31 in the school year by one-half of the credit value of the class. Total the results obtained.

2. For each non-semestered class in the secondary school, multiply the number of pupils enrolled in the class as of March 31 in the school year by one-half of the credit value of the class. Total the results obtained.

3. For each semestered class held in the first semester in the secondary school, multiply the number of pupils enrolled in the class as of October 31 in the school year by the credit value of the class. Total the results obtained.

4. For each semestered class held in the second semester in the secondary school, multiply the number of pupils enrolled in the class as of March 31 in the school year by the credit value of the class. Total the results obtained.

5. Total the totals obtained under paragraphs 1, 2, 3 and 4. The result is the number of pupil credits for the school.

6. Determine the credit value of each non-semestered class in the secondary school. Total the numbers obtained.

7. Determine the credit value of each semestered class held in the first semester in the secondary school. Total the numbers obtained.

8. Determine the credit value of each semestered class held in the second semester in the secondary school. Total the numbers obtained.

9. Total the totals obtained under paragraphs 6, 7, and 8. The result is the number of classroom credits for the school.

10. Divide the number of pupil credits for the school, determined under paragraph 5, by the number of classroom credits for the school, determined under paragraph 9.  O. Reg. 132/12, s. 14.

Reporting

15. (1) By June 30 in each school year, each board shall submit a report for the school year on class size in its secondary schools to the Minister, in a format acceptable to the Minister.  O. Reg. 132/12, s. 15 (1).

(2) A board shall ensure that, by June 30 in each school year,

(a) copies of the report are available to the public at the head office of the board and at the office of each school of the board; and

(b) a copy of the report is submitted to the chair of the school council for each school of the board.  O. Reg. 132/12, s. 15 (2).

(3) The report shall include the following:

1. The numbers determined for the board under each of the paragraphs of section 13.

2. The average size of the classes in each secondary school of the board, determined in accordance with section 14. O. Reg. 132/12, s. 15 (3).

16. Omitted (revokes other Regulations).  O. Reg. 132/12, s. 16.

17. Omitted (provides for coming into force of provisions of this Regulation).  O. Reg. 132/12, s. 17.