RECIPROCAL EDUCATION APPROACH

CONTENTS PART I INTERPRETATION 1. Definitions PART II SECTION 185 OF THE ACT 2. Prescribed persons 2.1 Prescribed persons re written notice 2.2 Indirect collection of personal information 3. Prescribed schools 4. Prescribed fees 5. Agreements 6. Set off 7. Transition PART III SECTION 188 OF THE ACT 7.1 Prescribed persons re written notice 7.2 Indirect collection of personal information 8. Prescribed services and supports 9. Agreements 10. Transition Part I Interpretation Definitions 1. In this Regulation, “fees regulation” means a regulation made under subsection 11 (3) of the Act for a given school board fiscal year; (“règlement sur les droits”) “full-time coefficient” means the number calculated in accordance with subsection 4 (2); (“coefficient temps plein”) “guardian” has the same additional meaning as set out in section 18 of the Act; (“tuteur”) “isolate board” means a school authority that is not a school board established under section 68 of the Act; (“conseil isolé”) “legislative grant regulation” means a regulation made under subsection 234 (1) of the Act for the given school board fiscal year; (“règlement sur les subventions générales”) “prescribed person” means a person prescribed under section 2. (“personne prescrite”) Part II Section 185 of the Act Prescribed persons 2. (1) Subject to subsection (2), a person is prescribed for the purposes of section 185 of the Act if the following conditions are met: 1. The person is under 21 years of age. 2. The person is a resident of Ontario. (2) Subsection (1) does not apply to a person if, (a) the person is a registered Indian residing on a reserve within the meaning of the Indian Act (Canada), other than a person 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 school board fiscal year set out in section 1 of Ontario Regulation 471/98 (School Attendance Rights — Non-Resident Property Owners) made under the Act; (b) the person is liable to pay fees as specified under subsection 49 (6) of the Act; or (c) the person does not have any parents or guardians who reside in Ontario and was not counted as a pupil of a board for the purposes of the previous fiscal year. (3) For the purposes of paragraph 1 of subsection (1), a person who turns 21 years old on or after January 1 of a given school year is deemed to be under 21 years of age. Prescribed persons re written notice 2.1 The following persons are prescribed for the purposes of subparagraph 3 iv of subsection 185 (1) of the Act as persons who may provide written notice in respect of a pupil or person described in section 2, provided that the person providing notice is at least 18 years of age: 1. A person who is authorized by a person referred to in subparagraph 3 i, ii or iii of subsection 185 (1) of the Act to provide such notice. 2. A person who facilitates the pupil or person’s access to education. 3. A person from the pupil or person’s extended family, as defined in the Child, Youth and Family Services Act, 2017. O. Reg. 439/20, s. 1. Indirect collection of personal information 2.2 When written notice is provided by a person described in section 2.1 in respect of a pupil or person, a board may indirectly collect the personal information about the pupil or person that is contained in the written notice. O. Reg. 439/20, s. 1. Prescribed schools 3. (1) Each school listed in Table 1 of this section is prescribed for the purposes of section 185 of the Act in respect of the 2019-2020 school year and each subsequent school year. O. Reg. 261/19, s. 3 (1). (2) Revoked: O. Reg. 456/21, s. 1 (1). (3) A school is prescribed for the purposes of section 185 of the Act in respect of a given school year and each subsequent school year if the school satisfies the following conditions after October 30 of the previous school year and before October 31 of the given school year: 1. The school does not charge tuition fees to its pupils or to the parents or guardians of its pupils. 2. If the school is operated by an entity referred to in paragraph 1 of subsection 185 (1) of the Act, other than an entity that participates in the Anishinabek Education System, i. the school is located in Ontario, and ii. the entity provides documentation to the Minister demonstrating that the school is operated by the entity and is compliant with paragraph 1 of this subsection. 3. If the school is operated by an entity referred to in paragraph 1 of subsection 185 (1) of the Act that participates in the Anishinabek Education System, the entity provides documentation to the Minister demonstrating that the school is compliant with paragraph 1 of this subsection. O. Reg. 235/20, s. 1 (2). (4) For greater certainty, a tuition fee referred to in paragraph 1 of subsection (3) does not include a fee charged in respect of boarding, lodging or transportation. O. Reg. 261/19, s. 3 (4). Table 1 Item Column 1 Name of school Column 2 First Nation community, town or city 1. Aamjiwnaang Binoojiinyag Kino Maagewgamgoons Day Care and JK/SK Preschool Sarnia 2. Adult Learning Centre Beausoleil First Nation 3. Adults in Motion Private School Garden River First Nation 4. Aglace Chapman Education Centre Big Trout Lake First Nation (Kitchenuhmaykoosib Inninuwug) 5. Antler River Elementary School Chippewas of the Thames First Nation 6. Baibombeh Anishinabe School Naotkamegwanning First Nation (Pawitik) 7. Batchewana Learning Centre Sault Ste Marie 8. Biinjitiwaabik Zaaging Anishinaabek School Biinjitiwabik Zaaging Anishinaabek First Nation (Rocky Bay Reserve) 9. Bimose Community High School Kenora 10. Bkejwanong Kinomaagewgamig Walpole Island First Nation 11. Chief Simeon McKay Education Centre Kasabonika First Nation 12. Christian Island Elementary School Beausoleil First Nation 13. Deer Lake First Nations (David Meekis) Deer Lake First Nation 14. Delores D. Echum Composite Moose Factory 15. Dennis Franklin Cromarty High School Thunder Bay 16. Dokis Indian Day School Kikendawt Kinoomaadii Gaming Dokis First Nation 17. Eenchokay Birchstick Pikangikum First Nation 18. Emily C. General Elementary School Ohsweken 19. Endzhi-gkinoohmaading (Elementary School) Biigtigong Nishnaabeg 20. Francine J. Wesley Secondary School Kashechewan First Nation 21. Gaagagekiizhik School Kenora 22. I.L. Thomas Odadrihonyanita Elementary School Ohsweken 23. I.R. Churchill Elementary School Lac des Mille Lacs First Nation - Thunder Bay 24. J.C. Hill Elementary School Six Nations Ohsweken 25. Jamieson Elementary School Ohsweken 26. John C Yesno Education Centre Eabamet Lake (Eabametoong First Nation) 27. Kawenni:io/Gaweni:yo High School Ohsweken 28. Keewaytinook Internet High School Bearskin Lake First Nation 29. Keewaytinook Internet High School Deer Lake First Nation 30. Keewaytinook Internet High School Fort Severn First Nation 31. Keewaytinook Internet High School Fort William First Nation 32. Keewaytinook Internet High School Keewaywin First Nation 33. Keewaytinook Internet High School Mattagami First Nation 34. Keewaytinook Internet High School McDowell Lake First Nation (Thunder Bay and Red Lake sites) 35. Keewaytinook Internet High School Mishkeegogamang First Nation 36. Keewaytinook Internet High School Nibinamik First Nation 37. Keewaytinook Internet High School North Spirit Lake First Nation 38. Keewaytinook Internet High School Poplar Hill First Nation 39. Keewaytinook Internet High School Sachigo Lake First Nation 40. Keewaytinook Internet High School Weagamow Lake First Nation 41. Keewaytinook Internet High School Webequie First Nation 42. Kenjgewin Teg Educational Institute M’Chigeeng First Nation 43. Kinomaugewgamik School Wasauksing First Nation 43.1 Lloyd S. King Elementary School Mississaugas of the Credit First Nation 44. Lydia Lois Beardy Memorial Wunnumin Lake First Nation 45. Mamawmatawa Holistic Education Centre Constance Lake First Nation 46. Matawa Education & Care Centre Thunder Bay 47. Migizi Miigwanan Secondary School Long Lake #58 First Nation 48. Migizi Wazisin Elementary School Long Lake #58 First Nation 49. Mikinaak Onigaming School Nestor Falls 50. Mississauga First Nation Adult Education Blind River 51. Mizhakiiwetung Memorial Whitedog 52. Mnjikaning Kendaaswin Elementary School Chippewas of Rama First Nation 53. Morris Thomas Memorial School Lac Seul First Nation 54. Mundo Peetabeck Academy Fort Albany First Nation 55. Nbisiing Secondary School Nipissing First Nation 56. Netamisakomik Education Centre Pic Mobert First Nation 57. Obishikokaang Elementary School Lac Seul First Nation 58. Ohahase Education Centre Tyendinaga Mohawk Territory (Mohawks of the Bay of Quinte) 59. Oliver M. Smith Kawenni:io Elementary School Ohsweken 60. Pelican Falls First Nations High School Sioux Lookout 61. Pic River High School Biigtigong Nishnaabeg 62. Quinte Mohawk School Tyendinaga Mohawk Territory (Mohawks of the Bay of Quinte) 63. Sakatcheway Anishinabe Grassy Narrows First Nation (Asubpeechoseewagong Netum Anishinabek) 64. Seven Generations Secondary School Fort Frances 65. Seventh Fire Secondary School Lac des Mille Lacs First Nation - Thunder Bay 66. Shawanosowe School Whitefish River First Nation 67. Simon Jacob Memorial Education Centre Webequie First Nation 68. Six Nations Polytechnic STEAM Academy Brantford 69. St. Joseph's Anishinabek School Sheshegwaning First Nation 70. Thomas Fiddler Memorial Private High School Sandy Lake First Nation 71. Vezina Secondary School Attawapiskat First Nation 72. Waabgon Gamig First Nation School Chippewas of Georgina Island 73. Wahsa Distance Education Centre Sioux Lookout 74. Waninitawingaang Memorial School Lac Seul First Nation 75. Revoked: O. Reg. 20/23, s. 1. 76. Zhingwaako Za’iganing School Lac La Croix First Nation O. Reg. 456/21, s. 1 (2); O. Reg. 615/21, s. 1; O. Reg. 20/23, s. 1. Table 2 Revoked: O. Reg. 456/21, s. 1 (2). Prescribed fees 4. (1) For the purposes of subsection 185 (5) of the Act, the prescribed fee for a given school board fiscal year is the product of the following: 1. In respect of an elementary school pupil or prescribed person who is attending or is eligible to attend a school of a district school board, i. the full-time coefficient of the pupil or prescribed person, and ii. the base fee for an elementary school pupil, determined in accordance with the fees regulation. 2. In respect of a secondary school pupil or prescribed person who is attending or is eligible to attend a school of a district school board, i. the full-time coefficient of the pupil or prescribed person, and ii. the base fee for a secondary school pupil, determined in accordance with the fees regulation. 3. In respect of a pupil or prescribed person who is attending or is eligible to attend a school of an isolate board, i. the full-time coefficient of the pupil or prescribed person, and ii. the base fee for a pupil who is enrolled in a school operated by an isolate board, determined in accordance with the fees regulation. (2) For the purposes of this section, the full-time coefficient of a pupil or a prescribed person is determined as follows: 1. On October 31 of a given school year, determine a number as follows: i. Subject to subsection (3), determine the number of minutes in which the pupil or prescribed person is enrolled in a day school program on that day, or on the next school day that immediately follows October 31 if October 31 is a school holiday. ii. If the number determined under subparagraph i is less than 210, divide the number by 300. iii. If the number determined under subparagraph i is equal to or greater than 210, the number is deemed to be one. 2. Multiply the number determined under paragraph 1 by 0.5. 3. On March 31 of a given school year, determine a number as follows: i. Subject to subsection (3), determine the number of minutes in which the pupil or prescribed person is enrolled in a day school program on that day, or on the next school day that immediately follows March 31 if March 31 is a school holiday. ii. If the number determined under subparagraph i is less than 210, divide the number by 300. iii. If the number determined under subparagraph i is equal to or greater than 210, the number is deemed to be one. 4. Multiply the number determined under paragraph 3 by 0.5. 5. Take the total of the numbers determined under paragraphs 2 and 4. (3) The minutes referred to in subparagraphs 1 i and 3 i of subsection (2) exclude, (a) recesses; (b) lunch breaks; and (c) scheduled intervals between classes or programs offered by the school. Agreements 5. An agreement referred to in subsection 185 (6) of the Act shall contain the following terms: 1. The amount payable each school year for each pupil or prescribed person in respect of additional special education staffing required to support the health and safety of the pupil or prescribed person shall be the amount agreed upon under this agreement, which shall not exceed the maximum amount that the Minister may pay to the board for that purpose, as set out in the legislative grant regulation for the year. 2. The deductible that an entity referred to in paragraph 1 of subsection 185 (1) of the Act shall pay each school year for each pupil or prescribed person in respect of special education equipment required to support a pupil or prescribed person shall be the amount agreed upon under this agreement, which shall not exceed the deductible that applies in respect of the maximum amount that the Minister may pay to the board for that purpose, as set out in the legislative grant regulation for the year. O. Reg. 261/19, s. 5; O. Reg. 351/24, s. 1; O. Reg. 414/24, s. 1; O. Reg. 194/25, s. 1. Set off 6. (1) If an entity referred to in paragraph 1 of subsection 185 (1) of the Act owes fees in respect of the base fee under section 188 of the Act for a period that starts on or after September 1, 2019, a school board may reduce the amount it pays to that entity under this Part by the amount that is owed. (2) A board shall not charge interest in respect of any amounts owed by an entity referred to in subsection (1). Transition 7. (1) An agreement entered into under section 185 of the Act on or before August 31, 2019 shall be deemed to include a condition that the fee in a given school board fiscal year that is to be paid by the board in respect of a pupil or prescribed person who attends a school on or after September 1, 2019 shall be at least the applicable fee set out in subsection 4 (1) of this Regulation. (2) For the purposes of clause 185 (9) (a) of the Act, the prescribed day is the day a party to an agreement terminates the agreement by exercising their termination rights under the agreement. Part III Section 188 of the Act Prescribed persons re written notice 7.1 The following persons are prescribed for the purposes of subparagraph 2 iv of subsection 188 (1) of the Act as persons who may provide written notice in respect of a pupil, provided that the person is at least 18 years of age: 1. A person who is authorized by a person referred to in subparagraph 2 i, ii or iii of subsection 188 (1) of the Act to provide such notice. 2. A person who facilitates the pupil’s access to education. 3. A person from the pupil’s extended family, as defined in the Child, Youth and Family Services Act, 2017. O. Reg. 439/20, s. 2. Indirect collection of personal information 7.2 When written notice is provided by a person described in section 7.1 in respect of a pupil, a board may indirectly collect the personal information about the pupil that is contained in the written notice. O. Reg. 439/20, s. 2. Prescribed services and supports 8. (1) For the purposes of subsection 188 (1.6) of the Act, if an agreement is entered into under subsection 188 (1.7) of the Act, the following prescribed services and supports may be provided to a pupil admitted under subsection 188 (1) of the Act: 1. Additional special education staffing required to support the health and safety of the pupil. 2. Special education equipment required to support the pupil. 3. Transportation services provided to the pupil. 4. Indigenous languages course or Indigenous studies course, if the course is not offered at the school to which the pupil would be admitted. O. Reg. 261/19, s. 8 (1); O. Reg. 414/24, s. 2. (2) The additional staffing referred to in paragraph 1 of subsection (1) must be a type of expense that a board would have been eligible to claim under the document entitled “Special education funding guidelines: Special Incidence Portion (SIP), 2022-23” which is available on a website of the government of Ontario. O. Reg. 351/24, s. 2. (3) The pupil referred to in paragraph 2 of subsection (1) must meet the eligibility criteria for specialized equipment that apply for the purposes of the SEA claims-based component of the legislative grant regulation. O. Reg. 351/24, s. 2. Agreements 9. An agreement entered into under subsection 188 (1.7) of the Act shall contain the following terms: 1. The amount payable each school year for each pupil in respect of additional special education staffing required to support the health and safety of the pupil shall be the amount agreed upon under this agreement, which shall not exceed the maximum amount that the Minister may pay to the board for that purpose, as set out in the legislative grant regulation for the year. 2. The deductible that a board shall pay each school year for each pupil in respect of special education equipment required to support a pupil shall be the amount agreed upon under this agreement, which shall not exceed the deductible that applies in respect of the maximum amount that the Minister may pay to the board for that purpose, as set out in the legislative grant regulation for the year. O. Reg. 261/19, s. 9; O. Reg. 351/24, s. 3; O. Reg. 414/24, s. 3; O. Reg. 194/25, s. 2. Transition 10. (1) An agreement entered into under section 188 of the Act on or before August 31, 2019 shall be deemed to include a condition that the base fee in a given school board fiscal year that is to be paid by the First Nation in respect of a pupil who attends a school of a school board on or after September 1, 2019 shall be the applicable fee set out in the fees regulation. (2) For the purposes of clause 188 (1.10) (a) of the Act, the prescribed day is the day a party to an agreement terminates the agreement by exercising their termination rights under the agreement. Part IV (OMITTED) 11. Omitted (provides for coming into force of provisions of this Regulation).