Education Act - O. Reg. 197/15

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Education Act

ONTARIO REGULATION 197/15

CALCULATION OF AVERAGE DAILY ENROLMENT FOR THE 2015-2016 SCHOOL BOARD FISCAL YEAR

Consolidation Period: From July 10, 2015 to the e-Laws currency date.

No amendments.

This is the English version of a bilingual regulation.

CONTENTS

Part I
GeneRal

Application and interpretation

1.(1)This Regulation applies to boards for the fiscal year beginning on September 1, 2015 and ending on August 31, 2016.

(2)In this Regulation,

“credit value” means, in respect of a class or course, the number of credits that a pupil is eligible to earn on successfully completing the class or course; (“valeur en crédits”)

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

“exempt class or course” means a class or course in actualisation linguistique en français (ALF), English literacy development (ELD) or English as a second language (ESL) or in respect of programme d’appui aux nouveaux arrivants (PANA); (“classe ou cours exempté”)

“exempt credit” means a credit granted to a pupil in respect of an exempt class or course; (“crédit exempté”)

“full-time pupil” means,

(a)a pupil who is,

(i)enrolled in a day school and, in respect of a cycle, is enrolled for classroom instruction for an average of at least 210 minutes per school day, or

(ii)enrolled in a day school which has, in accordance with a calendar that has been approved by the Minister under Regulation 304 of the Revised Regulations of Ontario, 1990 (School Year Calendar, Professional Activity Days) made under the Act, a designated school year of 12 months and instructional days in each of those months, and in which the credit value of the courses in which the pupil is enrolled in a school year is at least seven, or

(b)a supervised alternative learning pupil who is enrolled in a day school and, in respect of a cycle, whose supervised alternative learning plan includes classroom instruction for an average of at least 70 minutes per school day; (“élève à temps plein”)

“high-credit factor” means the factor determined under section 9 in respect of a pupil; (“coefficient de crédits excédentaires”)

“independent study course” means a credit course that is provided to a pupil other than a full-time pupil and that,

(a)meets the criteria set out in the independent study course register for inclusion in the determination of day school enrolment, or

(b)is approved by the Minister as an independent study course to be included in the determination of day school enrolment; (“cours d’études personnelles”)

“individual education plan” means an individual education plan within the meaning of section 6 of Ontario Regulation 181/98 (Identification and Placement of Exceptional Pupils); (“plan d’enseignement individualisé”)

“other pupil” means a pupil,

(a)who is a registered Indian residing on a reserve within the meaning of the Indian Act (Canada), other than a pupil who is, or whose parent or guardian is, an owner or tenant of property within the area of jurisdiction of the board that is assessed for an amount not less than the assessment limit for the fiscal year set out in section 1 of Ontario Regulation 471/98 (School Attendance Rights — Non-Resident Property Owners),

(b)who is liable to pay fees as specified in subsection 49(6) of the Act, or

(c)whose parent or guardian does not reside in Ontario and who was not counted as a pupil of a board for the purposes of Ontario Regulation 76/14 (Grants for Student Needs — Legislative Grants for the 2014-2015 School Board Fiscal Year); (“autre élève”)

“part-time pupil” means a pupil who is enrolled in day school and is neither a full-time pupil nor a supervised alternative learning pupilwhose supervised alternative learning plan in respect of a cycle includes classroom instruction for an average of less than 70 minutes per school day; (“élève à temps partiel”)

“supervised alternative learning pupil” means a pupil who has been approved by a supervised alternative learning committee to participate in supervised alternative learning. (“élève en apprentissage parallèle dirigé”)

(3)For the purposes of this Regulation, the terms “day school”, “day school program”, “elementary school” and “secondary school” do not include continuing education or summer school classes or courses.

Document referred to in this Regulation

2.The document entitled “Ontario Schools, Kindergarten to Grade 12: Policy and Program Requirements, 2011”, referred to in paragraphs 1, 6 and 7 of subsection 14 (1) and subclauses (c) (v) and (vi) of the definition of “summer school class or course” in subsection 17 (1), is available for public inspection at the offices of the Education Finance Branch of the Ministry of Education and on the Ministry’s website.

Qualifying education programs

3.For the purposes of this Regulation, a pupil who receives instruction in an education program provided by a board that is a qualifying education program within the meaning of Ontario Regulation 195/15 (Grants for Student Needs — Legislative Grants for the 2015-2016 School Board Fiscal Year) is not a pupil enrolled in a school of the board.

Part II
Day School — General

Counting pupils under this Part

4.For the purposes of counting pupils under this Part, the following rules apply:

1.Other pupils (as defined in subsection 1 (2)) shall not be counted.

2.Pupils who are 21 years old or older on December 31, 2015 shall not be counted for the purposes of sections 8, 10 and 11.

3.Pupils who are under 21 years old on December 31, 2015 shall not be counted for the purposes of section 12.

Credits and credit values, repeated classes or courses

5.(1)For the purposes of counting credits under this Part, if a pupil repeats a class or course for which the pupil has previously earned a credit, the credit shall be counted in respect of each time the pupil completes the class or course successfully.

(2)For the purposes of determining the credit value of a class or course that a pupil is enrolled in, the credit value shall be counted even if the pupil has previously earned a credit in respect of the same class or course.

Independent study courses

6.For the purposes of the calculations under this Part, the following rules apply to a pupil’s enrolment in an independent study course:

1.If the course is started and completed by the pupil during one semester,

i.the course shall be deemed to be a semestered course,

ii.the pupil shall be deemed to be enrolled in the course on October 31, 2015 if the pupil is registered for the course during a semester that includes October 31, 2015 but has not either successfully completed or withdrawn from the course before that day, and

iii.the pupil shall be deemed to be enrolled in the course on March 31, 2016 if the pupil is registered for the course during a semester that includes March 31, 2016 but has not either successfully completed or withdrawn from the course before that day.

2.If the course is started by the pupil during one semester and completed during another semester,

i.the course shall be deemed to be a non-semestered course, and

ii.the pupil shall be deemed to be enrolled in the course on October 31, 2015.

Day school A.D.E. for pupils of a board

7.The 2015-2016 day school average daily enrolment of pupils of a board is the sum of the following:

1.The 2015-2016 day school average daily enrolment of elementary school pupils of a board determined under section 8.

2.The 2015-2016 day school average daily enrolment of secondary school pupils of a board determined under section 10.

Day school A.D.E. for elementary school pupils

8.The 2015-2016 day school average daily enrolment of elementary school pupils of a board is the sum of the following:

1.The product of 0.5 and the sum of:

i.The number of full-time pupils enrolled on October 31, 2015 in elementary schools of the board.

ii.The product of 0.5 and the number of supervised alternative learning pupils whose supervised alternative learning plans include classroom instruction for an average of less than 70 minutes per school day enrolled on October 31, 2015 in elementary schools of the board.

iii.The quotient obtained by determining, for each part-time pupil enrolled on October 31, 2015 in an elementary school of the board, the number of minutes for which the pupil is registered for classroom instruction in a course in the cycle that includes that day, and dividing the sum of the numbers so determined by the product of 300 and the number of days in the cycle.

2.The product of 0.5 and the sum of the numbers calculated in accordance with subparagraphs 1 i, ii and iii, reading references to October 31, 2015 as references to March 31, 2016.

High-credit factor

9.(1)For the purposes of sections 10 and 11, a pupil’s high-credit factor shall be determined in accordance with this section.

(2)A pupil’s high-credit factor, as of October 31, 2015, is the greater of zero and the number determined in accordance with the following formula:

[A – (34 – B)] ÷ C

in which,

“A”is the sum of,

(a)the total credit value of the semestered classes and courses in which the pupil is enrolled on October 31, 2015 in a secondary school of the board, other than exempt classes and courses, and

(b)the product of 0.5 and the total credit value of the non-semestered classes and courses in which the pupil is enrolled on October 31, 2015 in a secondary school of the board, other than exempt classes and courses,

“B”is the lesser of 34 and the number of credits that the pupil has earned before October 31, 2015, other than exempt credits, and

“C”is the sum of,

(a)the total credit value of the semestered classes and courses in which the pupil is enrolled on October 31, 2015 in a secondary school of the board, and

(b)the product of 0.5 and the total credit value of the non-semestered classes and courses in which the pupil is enrolled on October 31, 2015 in a secondary school of the board.

(3)A pupil’s high-credit factor, as of March 31, 2016, is the greater of zero and the number determined in accordance with the following formula:

[A – (34 – B)] ÷ C

in which,

“A”is the sum of,

(a)the total credit value of the semestered classes and courses in which the pupil is enrolled on March 31, 2016 in a secondary school of the board, other than exempt classes and courses, and

(b)the product of 0.5 and the total credit value of the non-semestered classes and courses in which the pupil is enrolled on either or both of October 31, 2015 and March 31, 2016 in a secondary school of the board, other than exempt classes and courses and any class or course in respect of which a credit was earned before March 31, 2016,

“B”is the lesser of 34 and the sum of,

(a)the number of credits that the pupil has earned before March 31, 2016, other than exempt credits and credits earned on or after October 31, 2015 that were not earned in respect of a class or course that is part of a day school program, and

(b)the product of 0.5 and the total credit value of the non-semestered classes and courses in which the pupil is enrolled on either or both of October 31, 2015 and March 31, 2016 in a secondary school of the board, other than exempt classes or courses and any class or course in respect of which a credit was earned before March 31, 2016, and

“C”is the sum of,

(a)the total credit value of the semestered classes and courses in which the pupil is enrolled on March 31, 2016 in a secondary school of the board, and

(b)the product of 0.5 and the total credit value of the non-semestered classes and courses in which the pupil is enrolled on either or both of October 31, 2015 and March 31, 2016 in a secondary school of the board, other than any class or course in respect of which a credit was earned before March 31, 2016.

(4)Despite subsections (2) and (3), the high-credit factor of the following pupils is zero:

1.Any pupil who,

i.was enrolled in grade 9 in a secondary school (within the meaning of the Act) in the 2011-2012 school year or any subsequent school year, and

ii.in the case of a pupil who enrolled in grade 9 in a secondary school more than once, did not enrol in grade 9 in any school year prior to the 2011-2012 school year.

2.Any pupil who,

i.was never enrolled in grade 9 in a secondary school (within the meaning of the Act), and

ii.is under 18 years old on December 31, 2015.

3.Any pupil who has an individual education plan,

i.on October 31, 2015, for the purposes of the pupil’s high-credit factor as of October 31, 2015, or

ii.on March 31, 2016, for the purposes of the pupil’s high-credit factor as of March 31, 2016.

Day school A.D.E. for secondary school pupils

10.(1)The 2015-2016 day school average daily enrolment of secondary school pupils of a board is determined as follows:

1.Identify each full-time pupil enrolled on October 31, 2015 in a secondary school of the board, other than a pupil who,

i.is a supervised alternative learning pupil, or

ii.is a pupil described in subclause (a) (ii) of the definition of “full-time pupil” in subsection 1 (2), and in respect of whom,

A.the number obtained by subtracting the pupil’s high-credit factor, as of October 31, 2015, from 1, and multiplying the result by the total credit value of the classes and courses in which the pupil is enrolled in the school year, is 7 or more, and

B.the number obtained by subtracting the pupil’s high-credit factor, as of October 31, 2015, from 1, and multiplying the result by the average number of minutes for which the pupil is registered for classroom instruction in the cycle that includes that day, is less than 210.

2.Calculate a number in respect of each pupil identified in paragraph 1 as follows:

i.Subtract the pupil’s high-credit factor, as of October 31, 2015, from 1.

ii.Determine the number of minutes for which the pupil is registered for classroom instruction in the cycle that includes that day.

iii.Multiply the number determined under subparagraph i by the number determined under subparagraph ii.

iv.Divide the number of minutes determined under subparagraph iii by the number of days in the cycle.

v.If the number of minutes determined under subparagraph iv is 210 or more, the number for the pupil under this paragraph is 1.

vi.If the number of minutes determined under subparagraph iv is less than 210, divide the number of minutes determined under subparagraph iv by 300.

3.Take the number of full-time pupils enrolled on October 31, 2015 in a secondary school of the board who meet the description in subparagraph 1 ii, other than supervised alternative learning pupils.

4.Calculate a number in respect of each full-time pupil enrolled on October 31, 2015 in a secondary school of the board who is a supervised alternative learning pupil as follows:

i.Subtract the pupil’s high-credit factor, as of October 31, 2015, from 1.

ii.Determine the number of minutes for which the pupil is registered for classroom instruction in the cycle that includes that day.

iii.Multiply the number determined under subparagraph i by the number determined under subparagraph ii.

iv.Divide the number determined under subparagraph iii by the number of days in the cycle.

v.If the number of minutes determined under subparagraph iv is 70 or higher, the number for the pupil under this paragraph is 1.

vi.If the number of minutes determined under subparagraph iv is less than 70, the number for the pupil under this paragraph is 0.5.

5.Take the product of 0.5 and the number of supervised alternative learning pupils whose supervised alternative learning plans include classroom instruction for an average of less than 70 minutes per school day enrolled on October 31, 2015 in secondary schools of the board.

6.Calculate a number in respect of each part-time pupil enrolled on October 31, 2015 in a secondary school of the board as follows:

i.Subtract the pupil’s high-credit factor, as of October 31, 2015, from 1.

ii.Determine the number of minutes for which the pupil is registered for classroom instruction in the cycle that includes that day, in a course other than an independent study course.

iii.Multiply the number determined under subparagraph i by the number determined under subparagraph ii.

iv.Multiply the number of days in the cycle by 300.

v.Divide the number determined under subparagraph iii by the number determined under subparagraph iv.

7.Multiply the total of the numbers determined under paragraphs 2, 3, 4, 5 and 6 by 0.5.

8.Take the number determined by repeating paragraphs 1 to 7, modified in accordance with subsection (2).

9.Calculate a number in respect of each pupil enrolled in a secondary school of the board who is registered for an independent study course, in accordance with the following formula:

(A × B ÷ 7.5) × (1 – C)

in which,

“A”is the credit value of the course,

“B”is the fraction representing the portion of the total quantity of work required for completion of the course that is completed by the pupil during the fiscal year, and

“C”is,

(a)in the case of a semestered course that the pupil has not either successfully completed or withdrawn from before October 31, 2015 or March 31, 2016, as the case may be, the high-credit factor of the pupil as of the day on which the pupil is deemed under section 6 to be enrolled in the course, or

(b)in the case of a non-semestered course or a semestered course that the pupil has either successfully completed or withdrawn from before October 31, 2015 or March 31, 2016, as the case may be, the average of the high-credit factors of the pupil as of October 31, 2015 and March 31, 2016.

10.Total the numbers determined under paragraphs 7, 8 and 9.

(2)For the purposes of paragraph 8 of subsection (1), paragraphs 1 to 7 shall be modified by reading references to October 31, 2015 as references to March 31, 2016.

Day school high-credit A.D.E. for secondary school pupils

11.(1)The 2015-2016 day school high-credit average daily enrolment of secondary school pupils of a board is determined as follows:

1.Calculate a number in respect of each pupil identified in paragraph 1 of subsection 10 (1) by subtracting the number calculated in respect of that pupil under paragraph 2 of subsection 10 (1) from 1.

2.Calculate a number in respect of each full-time pupil enrolled on October 31, 2015 in a secondary school of the board who is a supervised alternative learning pupil as follows:

i.Take the number of pupils for whom the number determined under paragraph 4 of subsection 10 (1), determined as of October 31, 2015, is 0.5.