Education Act
ONTARIO REGULATION 225/10
Extended Day Programs
Historical version for theperiod June 7, 2010 to August 15, 2010.
No amendments.
This is the English version of a bilingual regulation.
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CONTENTS
Schools Subject to Section 259 of the Act1. / Subject schools
2. / Exception, staffing and projected enrolment
3. / Projected enrolment under s. 2
4. / Transition exception, third party agreements, schools listed for 2010/2011
5. / Transition exception, third party agreements, schools listed for 2011/2012
6. / Exception, extended day program staffing
Transitional — Fees for Extended Day Program — 2010/2011 School Year
7. / Interpretation
8. / Determination of fees, first school year
9. / Operating costs
10. / Projected enrolment
11. / Timing for determination and posting of fees
Schedule 1
Schedule 2
Schools Subject to Section 259 of the Act
Subject schools
1.(1)The obligation of a board under this section with respect to a school governed by it begins with the school year indicated in Column 3 of Schedule 1 opposite the name of the school listed in Column 2 of Schedule 1. O.Reg. 225/10, s.1(1).
(2)Every board listed in Schedule 1 shall, in every elementary school of the board listed in Schedule 1, operate an extended day program in accordance with section 259 of the Act. O.Reg. 225/10, s.1(2).
(3)A board is not required to operate an extended day program in a school unless the board and the school are listed in Schedule 1. O.Reg. 225/10, s.1(3).
(4)A board that is required to operate an extended day program in a school shall operate the program both before the start of the school day and after the end of the school day, except where otherwise provided under section 2. O.Reg. 225/10, s.1(4).
Exception, staffing and projected enrolment
2.(1)This section does not apply if the projected enrolment of pupils under clause (2) (a) in the relevant portion or portions of the extended day program, is 20 or more pupils. O.Reg. 225/10, s.2(1).
(2)Despite section 1, a board is not required to operate the before school portion, the after school portion or both portions of an extended day program in a school listed in Schedule 1 in a school year if, by the day before the last day of the preceding school year, the board,
(a)concludes that,
(i)the projected enrolment of the school’s junior kindergarten and kindergarten pupils for the school year, in the relevant portion or portions of the extended day program, will result in a pupil to staff ratio of less than 10 to 1, and
(ii)subject to subsection (3), the ratio cannot be raised to 10 to 1 or higher by including up to a maximum of 25 per cent Grade 1 and 2 pupils of the school in the projected enrolment in the portion or portions of the extended day program; and
(b)in a form approved by the Minister,
(i)provides the information on which it based its conclusion under clause (a), and
(ii)affirms to the Minister that it reached the conclusion in good faith, based on that information. O.Reg. 225/10, s.2(2).
(3)Subclause (2) (a) (ii) does not apply if the board has a written agreement with a third party under which the third party operates a before school program and an after school program on the school site for pupils in Grades 1 and 2. O.Reg. 225/10, s.2(3).
(4)In reaching its conclusion respecting the 10 to 1 ratio under clause (2) (a), the board shall assume that the extended day program will be staffed by either one or two employees. O.Reg. 225/10, s.2(4).
(5)The board shall base its decision as to whether to assume one employee or two employees under subsection (4) on its assessment of the minimum number of employees required to operate the program safely, given projected enrolment. O.Reg. 225/10, s.2(5).
(6)The assumption made by the board does not limit the actual number of employees that the board may in fact employ to staff the program. O.Reg. 225/10, s.2(6).
Projected enrolment under s. 2
3.(1)The board shall base projected enrolment for the purposes of section 2 on the following:
1.Information about parents’ intentions and interests related to enrolling their children in one or more portions of the extended day program in the school during the school year.
2.Demographic information related to the community served by the school.
3.In respect of the 2011/2012 school year and subsequent school years, projections based on data about enrolment in extended day programs operated in the school in previous years.
4.Other relevant sources of information. O.Reg. 225/10, s.3(1).
(2)The board shall gather the information referred to in subsection (1) by the most reliable means reasonably available to it. O.Reg. 225/10, s.3(2).
(3)The board shall gather the information referred to in paragraph 1 of subsection (1) from,
(a)parents of pupils who are registered in the school for the school year in junior kindergarten, kindergarten and, where relevant, Grades 1 and 2; and
(b)parents who have expressed an interest in enrolling their children in the school for the school year in junior kindergarten, kindergarten and, where relevant, Grades 1 and 2. O.Reg. 225/10, s.3(3).
(4)Means that may be used to gather the information in paragraph 1 of subsection (1) include,
(a)questionnaires filled out by parents referred to in clauses (3) (a) and (b); and
(b)oral and written comments from parents referred to in clauses (3) (a) and (b) who contact or visit the school. O.Reg. 225/10, s.3(4).
Transition exception, third party agreements, schools listed for 2010/2011
4.(1)Despite section 1, a board is not required to operate an extended day program in the 2010/2011 school year in any school of the board for which the school year shown in Schedule 1 opposite the name of the school is 2010/2011, if the board affirms to the Minister, in a form approved by the Minister, no later than the day before the last day of the 2009/2010 school year that,
(a)the board at the time this Regulation came into force had a written agreement with a third party respecting the operation by the third party of a before school program, an after school program or both, on the school site, for pupils in junior kindergarten and kindergarten, outside the time when junior kindergarten and kindergarten are operated in the school;
(b)the board has evidence that the third party is licensed or authorized under the Day Nurseries Act to operate a before school program, an after school program or both, for the 2010/2011 school year;
(c)where the third party is authorized but not licensed under the Day Nurseries Act to operate a before school program, an after school program or both, on the school site, for the 2010/2011 school year, the third party has agreed in writing with the board that it will operate the program with a child to staff ratio of no more than 15 to 1; and
(d)the third party has agreed in writing with the board that, for the 2010/2011 school year, it will,
(i)operate the before school program, after school program or both, on the school site, at a minimum on every instructional day, and
(ii)in planning and delivering the before school program, after school program or both, include content similar to the content that boards are required to include in an extended day program under the Act. O.Reg. 225/10, s.4(1).
(2)Despite section 1, a board is not required to operate an extended day program in the 2011/2012 school year in any school of the board for which the school year shown in Schedule 1 opposite the name of the school is 2010/2011, if the board affirms to the Minister, in a form approved by the Minister, no later than the day before the last day of the 2010/2011 school year that,
(a)the board at the time this Regulation came into force had a written agreement with a third party respecting the operation by the third party of a before school program, an after school program or both, on the school site, for pupils in junior kindergarten and kindergarten, outside the time when junior kindergarten and kindergarten are operated in the school;
(b)the board has evidence that the third party is licensed or authorized under the Day Nurseries Act to operate a before school program, an after school program or both, for the 2011/2012 school year;
(c)where the third party is authorized but not licensed under the Day Nurseries Act to operate a before school program, an after school program or both, on the school site, for the 2011/2012 school year, the third party has agreed in writing with the board that it will operate the program with a child to staff ratio of no more than 15 to 1; and
(d)the third party has agreed in writing with the board that, for the 2011/2012 school year, it will,
(i)operate the before school program, after school program or both, on the school site, at a minimum on every instructional day, and
(ii)in planning and delivering the before school program, after school program or both, include content similar to the content that boards are required to include in an extended day program under the Act. O.Reg. 225/10, s.4(2).
Transition exception, third party agreements, schools listed for 2011/2012
5.Despite section 1, a board is not required to operate an extended day program in the 2011/2012 school year in a school of the board for which the school year shown in Schedule 1 opposite the name of the school is 2011/2012, if the board affirms to the Minister, in a form approved by the Minister, no later than the day before the last day of the 2010/2011 school year, that,
(a)the board at the time this Regulation came into force has a written agreement with a third party respecting the operation by the third party of a before school program, an after school program or both, on the school site, for pupils in junior kindergarten and kindergarten, outside the time when junior kindergarten and kindergarten are operated in the school;
(b)the board has evidence that the third party is licensed or authorized under the Day Nurseries Act to operate a before school program, an after school program or both, for the 2011/2012 school year;
(c)where the third party is authorized but not licensed under the Day Nurseries Act to operate a before school program, an after school program or both, on the school site, the program will be operated by the third party with a child to staff ratio of no more than 15 to 1; and
(d)the third party has agreed in writing with the board that, for the 2011/2012 school year, it will,
(i)operate the before school program, after school program or both, on the school site, at a minimum on every instructional day, and
(ii)in planning and delivering the before school program, after school program or both, include content similar to the content that boards are required to include in an extended day program under the Act. O.Reg. 225/10, s.5.
Exception, extended day program staffing
6.A board is not required to designate a position in an extended day program unit in a school as requiring an early childhood educator or to appoint an early childhood educator to such a position if all of the pupils in the unit are 9 years or older. O.Reg. 225/10, s.6.
Transitional — Fees for Extended Day Program — 2010/2011 School Year
Interpretation
7.For the purposes of sections 8 to 11,
“actual daily fee” means the extended day program fee for a school’s extended day program, calculated in accordance with subsection 8 (5); (“droits quotidiens réels”)
“base daily fee” means the base extended day program fee for a board’s extended day programs, calculated in accordance with subsection 8 (2); (“droits quotidiens de base”)
“non-instructional day fee” means the extended day program fee for a school on a non-instructional day, calculated in accordance with subsection 8 (7). (“droits pour les journées autres que des journées d’enseignement”) O.Reg. 225/10, s.7.
Determination of fees, first school year
8.(1)Every board that is required by this Regulation to operate an extended day program in the 2010/2011 school year shall, before the last instructional day of the 2009/2010 school year, as indicated in the board’s school calendar posted on the board’s website, determine the fees to be charged by it to parents of pupils enrolled in extended day programs operated by the board in the 2010/2011 school year. O.Reg. 225/10, s.8(1).
(2)The base daily fee for the 2010/2011 school year shall be determined by,
(a)projecting the board’s operating costs for extended day programs for the 2010/2011 school year, on the assumption that the board’s extended day programs will operate for five hours a day;
(b)dividing the amount projected under clause (a) by the projected enrolment of pupils of the board in extended day programs operated by the board in the 2010/2011 school year; and
(c)dividing the amount determined under clause (b) by 188 (which is approximately the number of instructional days in a school year). O.Reg. 225/10, s.8(2).
(3)For the purposes of subsection (2),
(a)a board’s operating costs for extended day programs shall be projected in accordance with section 9; and
(b)a board’s projected enrolment of its pupils in its extended day programs shall be determined in accordance with section 10. O.Reg. 225/10, s.8(3).
(4)The assumption about hours of operation specified in clause (2) (a),
(a)has no effect on the actual number of hours of operation of the board’s extended day programs; and
(b)does not prevent the board from providing extended day programs during different hours and for different numbers of hours in different schools. O.Reg. 225/10, s.8(4).
(5)The actual daily fee charged by a board to parents of pupils enrolled in an extended day program at a school of the board shall be determined by multiplying the base daily fee determined under subsection (2) by the percentage set out in column 2 of the Table that corresponds to the number of hours of operation of the extended day program in the school.
Table
Daily Fee
Hours of operation of extended day program in a school / Percentage (of five hours and of base daily fee)
Up to and including 0.5 hours / 10%
More than 0.5 hours, up to and including 1.0 hours / 20%
More than 1.0 hours, up to and including 1.5 hours / 30%
More than 1.5 hours, up to and including 2.0 hours / 40%
More than 2.0 hours, up to and including 2.5 hours / 50%
More than 2.5 hours, up to and including 3.0 hours / 60%
More than 3.0 hours, up to and including 3.5 hours / 70%
More than 3.5 hours, up to and including 4.0 hours / 80%
More than 4.0 hours, up to and including 4.5 hours / 90%
More than 4.5 hours, up to and including 5.0 hours / 100%
More than 5.0 hours, up to and including 5.5 hours / 110%
More than 5.5 hours, up to and including 6.0 hours / 120%
More than 6.0 hours, up to and including 6.5 hours / 130%
More than 6.5 hours, up to and including 7.0 hours / 140%
O.Reg. 225/10, s.8(5).
(6)The fee charged by a board to parents of pupils enrolled in only the before school portion or the after school portion of an extended day program at a school of the board shall be determined as follows:
1.Determine the percentage that the number of hours of operation of the before school portion or the after school portion, as the case may be, bears to five hours.
2.Apply that percentage to the board’s base daily fee to determine the applicable fee. O.Reg. 225/10, s.8(6).
(7)The non-instructional day fee charged by a board to parents of pupils enrolled in an extended day program at a school of the board on a non-instructional day shall be determined as follows:
1.Multiply the base daily fee by 0.85.
2.Multiply the amount determined under paragraph 1 by 1.2.
3.Add the amount determined under paragraph 2 to the actual daily fee determined under subsection (5). O.Reg. 225/10, s.8(7).
Operating costs
9.(1)For the purposes of clause 8 (3) (a), a board’s projected operating costs for extended day programs for the 2010/2011 school year is the sum of the following:
1.The projected total wages for employees needed by the board to staff its extended day programs in the year, determined in accordance with subsection (2). For the purposes of this paragraph and subsection (2), employees who staff an extended day program do not include employees who provide custodial services, administrative services or any other services ancillary to extended day programs.
2.24.32 per cent of the total determined under paragraph 1, on account of benefits.
3.13.4 per cent of the sum of the totals determined under paragraphs 1 and 2, on account of vacation and statutory holiday pay.
4.2 per cent of the sum of the totals determined under paragraphs 1 and 2, on account of professional development.
5.5 per cent of the sum of the totals determined under paragraphs 1, 2, 3 and 4, on account of use of supply staff.
6.The projected total costs of providing access to pupils with special education needs to the board’s extended day programs in the year, determined in accordance with subsection (3).
7.The projected total cost of utilities and custodial services related to the board’s extended day programs in the year, determined in accordance with subsection (4).
8.The projected total supplies expenditures related to the board’s extended day programs on instructional days in the year. An expenditure is a supplies expenditure if it is categorized as such in the Ministry’s Uniform Code of Accounts, revised March 2010 and posted on the Ministry’s website.
9.The projected total cost of food related to the board’s extended day programs on instructional days in the year.
10.The projected total administrative costs related to the board’s extended day programs in the year, including costs of record keeping and fees collection, determined in accordance with subsection (5).
11.The projected total cost of vacancies, not to exceed 10 per cent of the sum of the amounts determined under paragraphs 1 to 10. O.Reg. 225/10, s.9(1).
(2)Projected total wages under paragraph 1 of subsection (1) shall be determined as follows:
1.Determine the number of employees needed by the board to staff its extended day programs. For the purposes of this paragraph, a board shall count an employee who is assigned to staff a before school portion of an extended day program as 0.4 and an employee who is assigned to staff an after school portion of an extended day program as 0.6.
2.Determine the average hourly wages the board anticipates paying those employees.
3.Multiply the amount determined under paragraph 2 by 940 (representing 188 days multiplied by 5 hours).
4.Multiply the amount determined under paragraph 3 by the number determined under paragraph 1. O.Reg. 225/10, s.9(2).
(3)Projected total costs of providing access to pupils with special education needs to the board’s extended day programs in the year under paragraph 6 of subsection (1) shall be determined as follows:
1.Multiply the projected enrolment of pupils of the board in its extended day programs, as determined under section 10, by 188.