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Education Act

R.R.O. 1990, REGULATION 306

SPECIAL EDUCATION PROGRAMS AND SERVICES

Consolidation Period: From May 9, 2016 to the e-Laws currency date.

Last amendment:  O. Reg. 128/16.

This is the English version of a bilingual regulation.

1. A Special Education Program Placement and Review Committee heretofore established by a board under the regulations shall be deemed to be a committee referred to in subparagraph iii of paragraph 5 of subsection 11 (1) of the Education Act for the purposes of identifying exceptional pupils and making and reviewing placements of exceptional pupils.  R.R.O. 1990, Reg. 306, s. 1.

2. (1) In this Regulation,

“special education plan” means,

(a) in respect of the school year 1985-86, a plan in effect during the school year prepared by a board that discloses the methods by which and the time within which the board will be in compliance with paragraph 7 of section 170 of the Act, and

(b) in respect of a school year that commences in September in the year 1986 or any year thereafter, a plan in effect during the school year 1985-86 that is reviewed from year to year in accordance with subsection (3).  R.R.O. 1990, Reg. 306, s. 2 (1).

(2) Every board shall maintain the special education plan in respect of the board and ensure that the special education plan is amended from time to time to meet the current needs of the exceptional pupils of the board.  R.R.O. 1990, Reg. 306, s. 2 (2).

(3) Every board shall ensure that the special education plan of the board is reviewed annually by the board and that the review is completed prior to July 31 in each year.  R.R.O. 1990, Reg. 306, s. 2 (3); O. Reg. 136/01, s. 1 (1).

(4) In any year where the special education plan is amended by the board, the amendment shall be submitted to the Minister for review on or before July 31 in that year.  R.R.O. 1990, Reg. 306, s. 2 (4); O. Reg. 136/01, s. 1 (2).

(5) The Minister may at any time require a board to amend its special education plan in a manner that the Minister considers necessary so as to ensure that the board provides special education programs and special education services that meet the current needs of the exceptional pupils of the board.  R.R.O. 1990, Reg. 306, s. 2 (5).

3. (1) Commencing with the school year 1986-87 and in every second school year thereafter, every board shall, in accordance with procedures provided by the Minister, prepare and approve a report on the provision by the board of special education programs and special education services.  R.R.O. 1990, Reg. 306, s. 3 (1).

(2) The report referred to in subsection (1) shall be submitted to the Minister for review not later than the July 31 in the year 1987 and in every second year thereafter.  R.R.O. 1990, Reg. 306, s. 3 (2); O. Reg. 136/01, s. 2.

4. (1) Every board shall ensure that the special education plan of the board provides for the enrolment and placement of each child with a developmental disability who is,

(a) in attendance at a child care centre as defined in the Child Care and Early Years Act, 2014 that has a program for children with developmental disabilities; and

(b) qualified to be a resident pupil of the board.  O. Reg. 190/04, s. 1; O. Reg. 128/16, s. 1.

(2) A copy of the provisions of the special education plan referred to in subsection (1) shall be submitted to the Minister where required by the Minister.  R.R.O. 1990, Reg. 306, s. 4 (2).

5. (1) Every board shall ensure that the special education plan of the board provides for the enrolment and placement of each person under the age of twenty-one years who is qualified to be a resident pupil of the board and who resides or is lodged within the area of jurisdiction of the board in a centre, facility, home, hospital or institution, other than a private school, that is approved, designated, established, licensed or registered under any Act, and in which no education program is provided by the Ministry or the Ministry of Correctional Services.  R.R.O. 1990, Reg. 306, s. 5 (1).

(2) Where the centre, facility, home, hospital or institution referred to in subsection (1) is situate within the area of jurisdiction of the board, the board shall make provision in its special education plan for the enrolment and placement of each person under the age of twenty-one years who,

(a) is a resident in such centre, facility, home, hospital or institution; and

(b) would be qualified to be a resident pupil of the board if the person’s parent or guardian was also resident within the area of jurisdiction of the board.  R.R.O. 1990, Reg. 306, s. 5 (2).

6. Every board shall ensure that the special education plan of the board is maintained and reviewed in accordance with this Regulation and implemented by the board in accordance with the terms of the plan as to the dates by which and the extent to which special education programs and special education services shall be established or provided for its exceptional pupils.  R.R.O. 1990, Reg. 306, s. 6.

 

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