part x TEACHERS, DESIGNATED EARLY CHILDHOOD EDUCATORS, PUPIL RECORDS AND EDUCATION NUMBERS

Teachers and Designated Early Childhood Educators

261.  The probationary period, if any, for teachers and designated early childhood educators when they first become employed by a board shall not exceed two years. 1997, c. 31, s. 117; 2010, c. 10, s. 13.

1997, c. 31, s. 115, 117 - 31/08/1998

262.  Except as otherwise provided in or under this Act, no person shall be employed in an elementary or secondary school to teach or to perform any duty for which membership in the College is required under this Act unless the person is a member of the Ontario College of Teachers. 1996, c. 12, s. 64 (11).

1996, c. 12, s. 64 (11) - 20/05/1997

262.1  Except as otherwise provided under paragraph 10.1 of subsection 8 (1), no person shall be employed by a board in a position designated by the board as requiring an early childhood educator, and no person shall be employed by a board to perform any duty for which membership in the College of Early Childhood Educators is required under this Act, unless the person is a member of the College. 2010, c. 10, s. 14.

263.  (1)  Despite the other provisions of this Part and despite any provision in a collective agreement, if any, when a teacher is employed by a board and a matter arises that in the opinion of the Minister adversely affects the welfare of the school in which the teacher is employed,

(a) the board or the teacher may, with the consent of the Minister, give the other party thirty days written notice of termination, and the teacher’s employment is terminated at the expiration of thirty days from the date the notice is given; or

(b) the board may, with the consent of the Minister, give the teacher written notice of immediate termination together with one-tenth of the teacher’s yearly salary in addition to the amount to which the teacher would otherwise be entitled, and, on doing so, the teacher’s employment is terminated. R.S.O. 1990, c. E.2, s. 263; 1997, c. 31, ss. 118, 119.

(2)  Despite the other provisions of this Part and despite any provision in a collective agreement, if any, when a designated early childhood educator is employed by a board and a matter arises that in the opinion of the Minister adversely affects the welfare of the school in which the designated early childhood educator is employed,

(a) the board or the designated early childhood educator may, with the consent of the Minister, give the other party 30 days written notice of termination, and the designated early childhood educator’s employment is terminated at the expiration of 30 days from the date the notice is given; or

(b) the board may, with the consent of the Minister, give the designated early childhood educator written notice of immediate termination together with one-tenth of his or her yearly salary in addition to the amount to which he or she would otherwise be entitled, and, on doing so, his or her employment is terminated. 2010, c. 10, s. 15.

1997, c. 31, s. 118, 119 - 31/08/1998

Duties

264.  (1)  It is the duty of a teacher and a temporary teacher,

(a) to teach diligently and faithfully the classes or subjects assigned to the teacher by the principal;

(b) to encourage the pupils in the pursuit of learning;

(c) to inculcate by precept and example respect for religion and the principles of Judaeo-Christian morality and the highest regard for truth, justice, loyalty, love of country, humanity, benevolence, sobriety, industry, frugality, purity, temperance and all other virtues;

(d) to assist in developing co-operation and co-ordination of effort among the members of the staff of the school;

(e) to maintain, under the direction of the principal, proper order and discipline in the teacher’s classroom and while on duty in the school and on the school ground;

(f) in instruction and in all communications with the pupils in regard to discipline and the management of the school,

(i) to use the English language, except where it is impractical to do so by reason of the pupil not understanding English, and except in respect of instruction in a language other than English when such other language is being taught as one of the subjects in the course of study, or

(ii) to use the French language in schools or classes in which French is the language of instruction except where it is impractical to do so by reason of the pupil not understanding French, and except in respect of instruction in a language other than French when such other language is being taught as one of the subjects in the course of study;

(g) to conduct the teacher’s class in accordance with a timetable which shall be accessible to pupils and to the principal and supervisory officers;

(h) to participate in professional activity days as designated by the board under the regulations;

(i) to notify such person as is designated by the board if the teacher is to be absent from school and the reason therefor;

(j) to deliver the register, the school key and other school property in the teacher’s possession to the board on demand, or when the teacher’s agreement with the board has expired, or when for any reason the teacher’s employment has ceased; and

(k) to use and permit to be used as a textbook in a class that he or she teaches in an elementary or a secondary school,

(i) in a subject area for which textbooks are approved by the Minister, only textbooks that are approved by the Minister, and

(ii) in all subject areas, only textbooks that are approved by the board;

(l) to perform all duties assigned in accordance with this Act and the regulations. R.S.O. 1990, c. E.2, s. 264 (1); 2003, c. 2, s. 20 (1).

(1.1)  Despite clause (1)  (f), a teacher or temporary teacher may use American Sign Language or Quebec Sign Language in accordance with the regulations. 1993, c.  11, s.  36.

(1.2)  Repealed: 2001, c. 14, Sched. A, s. 7.

(1.3)  Repealed: 2001, c. 14, Sched. A, s. 7.

(2)  A teacher who refuses, on demand or order of the board that operates the school concerned, to deliver to the board any school property in the teacher’s possession forfeits any claim that the teacher may have against the board. R.S.O. 1990, c. E.2, s. 264 (2).

(3)  Teachers may organize themselves for the purpose of conducting professional development conferences and seminars. R.S.O. 1990, c. E.2, s. 264 (3).

1993, c. 11, s. 36 - 29/07/1993

264.1  (1)  It is the duty of the following persons to co-ordinate the matters listed in subsection (2) and to co-operate with each other with respect to those matters:

1. Teachers.

2. Temporary teachers.

3. Designated early childhood educators.

4. Persons who, under the authority of a letter of permission, are appointed by a board to positions designated by the board as requiring an early childhood educator. 2010, c. 10, s. 16.

(2)  The matters referred to in subsection (1) are:

1. Planning for and providing education to pupils in junior kindergarten and kindergarten.

2. Observing, monitoring and assessing the development of pupils in junior kindergarten and kindergarten.

3. Maintaining a healthy physical, emotional and social learning environment.

4. Communicating with families.

5. Performing all duties assigned to them by the principal with respect to junior kindergarten and kindergarten. 2010, c. 10, s. 16.

Duties of teachers not limited

(3)  Nothing in this section limits any duties of teachers under this Act, including duties related to report cards, instruction, training and evaluation of the progress of pupils in junior kindergarten and kindergarten, the management of junior kindergarten and kindergarten classes, and the preparation of teaching plans. 2010, c. 10, s. 16.

(4)  Nothing in this section limits the operation of sections 262 and 262.1. 2010, c. 10, s. 16.

265.  (1)  It is the duty of a principal of a school, in addition to the principal’s duties as a teacher,

(a) to maintain proper order and discipline in the school;

(b) to develop co-operation and co-ordination of effort among the members of the staff of the school;

(c) to register the pupils and to ensure that the attendance of pupils for every school day is recorded either in the register supplied by the Minister in accordance with the instructions contained therein or in such other manner as is approved by the Minister;

(d) in accordance with this Act, the regulations and the guidelines issued by the Minister, to collect information for inclusion in a record in respect of each pupil enrolled in the school and to establish, maintain, retain, transfer and dispose of the record;

(e) to prepare a timetable, to conduct the school according to the timetable and relevant school year calendar, to make the timetable and calendar accessible to pupils, teachers, designated early childhood educators and supervisory officers, to assign classes and subjects to teachers and to assign junior kindergarten or kindergarten classes or extended day program units to designated early childhood educators;

(f) to hold, subject to the approval of the appropriate supervisory officer, such examinations as the principal considers necessary for the promotion of pupils or for any other purpose and report as required by the board the progress of the pupil to his or her parent or guardian where the pupil is a minor and otherwise to the pupil;

(g) subject to revision by the appropriate supervisory officer, to promote such pupils as the principal considers proper and to issue to each such pupil a statement thereof;

(h) to ensure that all textbooks used by pupils are those approved by the board and, in the case of subject areas for which the Minister approves textbooks, those approved by the Minister;

(i) to furnish to the Ministry and to the appropriate supervisory officer any information that it may be in the principal’s power to give respecting the condition of the school premises, the discipline of the school, the progress of the pupils and any other matter affecting the interests of the school, and to prepare such reports for the board as are required by the board;

(j) to give assiduous attention to the health and comfort of the pupils, to the cleanliness, temperature and ventilation of the school, to the care of all teaching materials and other school property, and to the condition and appearance of the school buildings and grounds;

(k) to report promptly to the board and to the medical officer of health when the principal has reason to suspect the existence of any communicable disease in the school, and of the unsanitary condition of any part of the school building or the school grounds;

(l) to refuse admission to the school of any person who the principal believes is infected with or exposed to communicable diseases requiring an order under section 22 of the Health Protection and Promotion Act until furnished with a certificate of a medical officer of health or of a legally qualified medical practitioner approved by the medical officer of health that all danger from exposure to contact with such person has passed;

(m) subject to an appeal to the board, to refuse to admit to the school or classroom a person whose presence in the school or classroom would in the principal’s judgment be detrimental to the physical or mental well-being of the pupils; and

(n) to maintain a visitor’s book in the school when so determined by the board. R.S.O. 1990, c. E.2, s. 265; 1991, c. 10, s. 6; 2010, c. 10, s. 17.

(2), (3)  Repealed: 2009, c. 25, s. 39.

(4)  Repealed: 2001, c. 14, Sched. A, s. 8.

1991, c. 10, s. 6 - 1/01/1991

Pupil Records

266.  (1)  In this section, except in subsection (12),

“record”, in respect of a pupil, means a record under clause 265 (1) (d). 1991, c. 10, s. 7 (1); 2006, c. 10, s. 35 (1).

Pupil records privileged

(2)  A record is privileged for the information and use of supervisory officers and the principal, teachers and designated early childhood educators of the school for the improvement of instruction and other education of the pupil, and such record,

(a) subject to subsections (2.1), (3), (5), (5.1), (5.2) and (5.3), is not available to any other person; and

(b) except for the purposes of subsections (5), (5.1), (5.2) and (5.3), is not admissible in evidence for any purpose in any trial, inquest, inquiry, examination, hearing or other proceeding, except to prove the establishment, maintenance, retention or transfer of the record,

without the written permission of the parent or guardian of the pupil or, where the pupil is an adult, the written permission of the pupil. R.S.O. 1990, c. E.2, s. 266 (2); 1991, c. 10, s. 7 (2); 2006, c. 10, s. 35 (2, 3); 2010, c. 10, s. 18.

Information to medical officer of health

(2.1)  The principal of a school shall, upon request by the medical officer of health serving the area in which the school is located, give that medical officer of health the following information in respect of pupils enrolled in the school:

1. The pupil’s name, address and telephone number.

2. The pupil’s birthdate.

3. The name, address and telephone number of the pupil’s parent or guardian. 1991, c. 10, s. 7 (3).

Right of parent and pupil

(3)  A pupil, and his or her parent or guardian where the pupil is a minor, is entitled to examine the record of such pupil. R.S.O. 1990, c. E.2, s. 266 (3).

(4)  Where, in the opinion of a pupil who is an adult, or of the parent or guardian of a pupil who is a minor, information recorded upon the record of the pupil is,

(a) inaccurately recorded; or

(b) not conducive to the improvement of instruction of the pupil,

such pupil, parent or guardian, as the case may be, may, in writing, request the principal to correct the alleged inaccuracy in, or to remove the impugned information from, such record. R.S.O. 1990, c. E.2, s. 266 (4).

Reference to supervisory officer

(5)  If the principal refuses to comply with a request under subsection (4), the pupil, parent or guardian who made the request may, in writing, require the principal to refer it to the appropriate supervisory officer. 2006, c. 10, s. 35 (4).

(5.1)  The supervisory officer shall consider the request and shall,

(a) require the principal to comply with the request; or

(b) submit the record and the request to a person designated by the Minister. 2006, c. 10, s. 35 (4).

(5.2)  Subject to subsection (5.3), on receiving the record and request under clause (5.1) (b), the designated person shall hold a hearing, at which the principal and the person who made the request have the rights of parties, and the designated person shall decide the matter, and his or her decision is final and binding. 2006, c. 10, s. 35 (4).

(5.3)  The designated person may refuse to hold a hearing if,

(a) in his or her opinion, the request is trivial, frivolous or vexatious; or

(b) the request is for the removal of information from a record and, in his or her opinion, a guideline made under paragraph 27 of subsection 8 (1) requires that the information be included in the record. 2006, c. 10, s. 35 (4).

(6)  Nothing in subsection (2) prohibits the use by the principal of the record in respect of a pupil to assist in the preparation of,

(a) a report required by this Act or the regulations; or

(b) a report,

(i) for an educational institution or for the pupil or former pupil, in respect of an application for further education, or

(ii) for the pupil or former pupil in respect of an application for employment,

where a written request is made by the former pupil, the pupil where he or she is an adult, or the parent or guardian of the pupil where the pupil is a minor. R.S.O. 1990, c. E.2, s. 266 (6).

Information for Minister or board

(7)  Nothing in this section prevents the compilation and delivery of such information as may be required by the Minister or by the board. R.S.O. 1990, c. E.2, s. 266 (7).

(8)  No action shall be brought against any person in respect of the content of a record. R.S.O. 1990, c. E.2, s. 266 (8).

(9)  Except where the record has been introduced in evidence as provided in this section, no person shall be required in any trial or other proceeding to give evidence in respect of the content of a record. R.S.O. 1990, c. E.2, s. 266 (9).

(10)  Except as permitted under this section, every person shall preserve secrecy in respect of the content of a record that comes to the person’s knowledge in the course of his or her duties or employment, and no such person shall communicate any such knowledge to any other person except,

(a) as may be required in the performance of his or her duties; or

(b) with the written consent of the parent or guardian of the pupil where the pupil is a minor; or

(c) with the written consent of the pupil where the pupil is an adult. R.S.O. 1990, c. E.2, s. 266 (10).

Definition

(11)  For the purposes of this section,

“guardian” includes a person, society or corporation who or that has custody of a pupil. R.S.O. 1990, c. E.2, s. 266 (11).

Application to former records

(12)  This section, except subsections (3), (4), (5), (5.1), (5.2) and (5.3), applies with necessary modifications to a record established and maintained in respect of a pupil or retained in respect of a former pupil prior to the 1st day of September, 1972. R.S.O. 1990, c. E.2, s. 266 (12); 2006, c. 10, s. 35 (5).

(13)  Nothing in this section prevents the use of a record in respect of a pupil by the principal of the school attended by the pupil or the board that operates the school for the purposes of a disciplinary proceeding instituted by the principal in respect of conduct for which the pupil is responsible to the principal. R.S.O. 1990, c. E.2, s. 266 (13).

1991, c. 10, s. 7 (1-3) - 1/01/1991

Ontario Education Numbers

266.1  In sections 266.2 to 266.5,

“personal information” means personal information within the meaning of section 38 of the Freedom of Information and Protection of Privacy Act and section 28 of the Municipal Freedom of Information and Protection of Privacy Act. 1997, c. 31, s. 120.

Section Amendments with date in force (d/m/y)

1997, c. 31, s. 120 - 1/01/1998

266.2  (1)  The Minister may assign an Ontario education number to a person who is enrolled or who seeks admission to be enrolled in a prescribed educational or training institution. 1997, c. 31, s. 120.

(2)  The persons and entities described in subsection (3) are authorized to collect personal information, directly or indirectly, and to use and disclose personal information, for the purposes of,

(a) assigning Ontario education numbers under subsection (1); and

(b) validating and updating the numbers and the personal information associated with them. 2014, c. 11, Sched. 4, s. 13 (1).

(3)  Subsection (2) applies to:

1. The Minister.

2. Prescribed educational and training institutions.

3. Prescribed persons.

4. Prescribed entities that co-ordinate a person’s enrolment in or admission to a prescribed educational or training institution. 2014, c. 11, Sched. 4, s. 13 (1).

(4)  Subsection 39 (2) of the Freedom of Information and Protection of Privacy Act and subsection 29 (2) of the Municipal Freedom of Information and Protection of Privacy Act do not apply to a collection under subsection (2). 2014, c. 11, Sched. 4, s. 13 (1).

(5)  The disclosure of information under subsection (2) is deemed to be for the purposes of complying with the following:

1. This Act.

2. The Ministry of Training, Colleges and Universities Act.

3. The Child Care and Early Years Act, 2014. 2014, c. 11, Sched. 4, ss. 13 (2-4).

Section Amendments with date in force (d/m/y)

1997, c. 31, s. 120 - 1/01/1998

266.3  (1)  Except as permitted by this section or otherwise by law, no person shall collect, use, disclose or require the production of another person’s Ontario education number. 1997, c. 31, s. 120.

(2)  A prescribed educational or training institution may collect, use, disclose or require the production of a person’s Ontario education number for purposes related to the provision of educational services to that person. 1997, c. 31, s. 120.

(3)  The Minister and a prescribed person or entity may collect, use or disclose or require the production of Ontario education numbers for purposes related to education administration, funding, planning or research. 2010, c. 10, s. 19.

(4)  The Minister and a prescribed person, entity, educational institution or training institution may collect, use, disclose or require the production of a person’s Ontario education number for purposes related to the provision of financial assistance associated with the person’s education. 2010, c. 10, s. 19.

1997, c. 31, s. 120 - 1/01/1998

266.4  (1)  Every person who contravenes subsection 266.3 (1) is guilty of an offence. 1997, c. 31, s. 120.

(2)  An individual who is convicted of an offence under this section is liable to a fine of not more than $5,000 or to imprisonment for a term of not more than six months, or to both. 1997, c. 31, s. 120.

(3)  A corporation that is convicted of an offence under this section is liable to a fine of not more than $25,000. 1997, c. 31, s. 120.

1997, c. 31, s. 120 - 1/01/1998

266.5  (1)  The Lieutenant Governor in Council may make regulations,

(a) prescribing educational institutions, training institutions, persons or entities, or classes of educational institutions, training institutions, persons or entities, for the purposes of this section and sections 266.2 to 266.4;

(b) Repealed: 2010, c. 10, s. 20.

(c) for purposes associated with Ontario education numbers, authorizing personal information to be collected by the Ministry or by prescribed educational or training institutions, other than directly from the individual to whom the information relates, and regulating the manner in which the information is collected;

(d) requiring the use of Ontario education numbers by prescribed educational or training institutions for the purposes specified in the regulations;

(e) respecting any matter that the Lieutenant Governor in Council considers necessary or advisable to carry out effectively the intent and purpose of sections 266.2 to 266.4. 1997, c. 31, s. 120; 2006, c. 10, s. 37; 2010, c. 10, s. 20.

General or particular

(2)  A regulation under this section may be general or particular. 1997, c. 31, s. 120.

(3)  A class may be defined with respect to any attribute and may be defined to consist of or to exclude any specified member of the class, whether or not with the same attributes. 1997, c. 31, s. 120.

1997, c. 31, s. 120 - 1/01/1998