Unit 3 Governance and Law

Unit 3Governance and Law

governance • Governance refers to the management and decision making with regards to programs, funds, etc. These decisions are based on laws, regulations, policies that are set out at various levels. • Governance in Education is at the provincial level, board level and school level. • What are the major influences on governance?

Influences on governance

Role of Federal government As seen in Unit 2 “ History of Education”, the responsibility of Education lies with the provinces. The British North American Act, created under the Confederation 1867, states in section 93 that: “ in each province the Legislature may exclusively make laws in relation to education, subject, and according to the following provisions: Nothing in any law shall prejudicially affect any Right of Privilege with respect to Denominational Schools which any class of persons have by Law in the province at the Union”

Role of Federal government Therefore The granting of authority to provinces meant that... • there is no Federal Department of Education • education issues that need attention at the national level are addressed by the Secretary of State • Secretary of State funds, but does not deliver, programs such as: official languages, Canadian studies, multiculturalism However, the responsibilities of the elementary and secondary education of Registered Indian children attending First Nations-administered or federal schools on reserves, rest with the Federal government • Federal government also provides assistance at the post-secondary level

Governance

Provincial Government Education is the responsibility of the Provincial government. • Provincial legislature passes statutes that create an educational system and provide for its management and funding. • Most provinces have one main statute called the “Education Act” • Provinces have department or Ministry of Education. In Ontario it is a Ministry. • There is a Minister of Education and a deputy Minister of Education

Education Act The Ontario Government and the Education Act • “Education is a provincial government responsibility in Canada. In Ontario, education is governed principally by the Education Act and its regulations. The Education Act and its regulations set out duties and responsibilities of the Minister of Education and the duties and responsibilities of school boards, school board supervisory officers, principals, teachers, parents and students.” Ministry of Education website

Provincial Government Ministries of Education have jurisdiction in the following areas: • curriculum content • school funding • professional training and accreditation of teachers • student testing and assessment procedures • school structures • development and publishing of curriculum guides • constitutions of school boards • choice and authorization of text books ( e.g., Trillium List in Ontario) • selection and arrangements for the purchase of textbooks • determination of school district boundaries • development of criteria to open and close schools

School Boards • School boards are jurisdictions across the province that have the responsibility of the management of the schools in their designated area • There are now 72 Boards of Education in Ontario (60 English and 12 French) • School board members (trustees) are elected during the municipal elections • Boards of Education have the responsibility of the management of schools, employees (teachers, support staff at the Board and school level) as well as the management and allocation of funds(budget)

School Boards Common responsibilities are: • Hiring of district superintendent and directors • Seeing that provincial education legislation and regulations are implemented at the local level • Managing and controlling school property • Setting annual budgets, hiring administrators and teachers • Making policy and administrative guidelines • Operating schools • Developing district education plans or Board Improvement plans (BIP)

Directors and Superintendents of schools • Since Bill 101 the power of the elected officials has been changed to one of collaboration with the executive council which is comprised of the Director of Education and the Superintendents • The Director of Education has the responsibility to execute and implement the decisions of the Board as well as the Ministry mandates and initiatives • The Superintendents answer to the Director and have the task of disseminating information to the schools. • In some Boards the superintendents may have schools attached to them or may have specific portfolios or a combination of both.

Management of schools • The management at the school level varies per Board and per school depending on size and philosophy. • Many boards have a very centralized approach giving little control at the school level, whereas other boards take the overhead costs and leave the budget for the schools to implement. • At the school level, management styles vary per school. Many schools take a consultative approach to budget spending and decision making.

School management • The number of administrators per school depends on the population per school and the allocation from the board. Most secondary schools have a principal and at least one vice- principal, whereas elementary schools may not have a vice-principal and may be sharing their principal with another school. • Many administrators consult with department heads or leadership teams (titles vary per school) on decisions regarding budget, program delivery, structure, etc., whereas other administrative teams make decisions on their own.

Duties of the Principal • The principal of a school, subject to the authority of the appropriate supervisory officer, is in charge of the instruction and discipline of students in the school, and the organization and management of the school. • The duties of principals, teachers, and students are set out in various statutes and regulations, as well as in ministry and school board policies and procedures. The following statutory and regulatory duties relating to maintaining safe learning environments in schools are highlighted, for informational purposes.

Law Although we are continuing to discuss the “Governance of Education, we are talking in terms of legal mandates

A. Education Act (R.S.O. 1990, c. E.2) • Principals • clause 265(a) – to maintain proper order and discipline in the school • clause 265(b) – to develop co-operation and co-ordination of effort among the members of the staff of the school • clause 265(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 • clause 265(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

B. Ontario Regulation 298 (School Operations) • 1. Principals • clause 11(3)(e) – provide for the supervision of pupils during the period of time during each school day when the school buildings and playgrounds are open to pupils • clause 11(3)(f) – provide for the supervision of and the conducting of any school activity authorized by the board • clause 11(3)(k) – provide for instruction of pupils in the care of the school premises • clause 11(3)(l) – inspect the school premises at least weekly and report forthwith to the board: • i) any repairs to the school that are required, in the opinion of the principal, • ii) any lack of attention on the part of the building maintenance staff of the school, and • iii) where a parent of a pupil has been requested to compensate the board for damage to or destruction, loss, or misappropriation of school property by the pupil and the parent has not done so, that the parent of the pupil has not compensated the board

Teachers-Education act Clause 264 A. Education Act (R.S.O. 1990, c. E.2) Teachers • Duties of teacher 264. (1) It is the duty of a teacher and a temporary teacher, teach (a) to teach diligently and faithfully the classes or subjects assigned to the teacher by the principal; learning (b) to encourage the pupils in the pursuit of learning; religion and morals (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; co-operation (d) to assist in developing co-operation and co-ordination of effort among the members of the staff of the school;

Teachers Education Act cl 264 discipline (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; language of instruction (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;

Teachers clause 264 timetable (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; professional activity days (h) to participate in professional activity days as designated by the board under the regulations; absence from school (i) to notify such person as is designated by the board if the teacher is to be absent from school and the reason therefore; school property (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

Teachers reg 264 textbooks (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; duties assigned (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). Sign language (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, Schedule. A, s. 7. (1.3) Repealed: 2001, c. 14, Schedule. A, s. 7.

264... Refusal to give up school property (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). Teachers, conferences (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).

Ontario Regulation 298 • . • Teachers • clause 20(b) – carry out the supervisory duties and instructional program assigned to the teacher by the principal and supply such information related thereto as the principal may require • clause 20(h) – co-operate with the principal and other teachers to establish and maintain consistent disciplinary practices in school

Students/Pupils Regulation 298 Pupils • clause 23(1)(b) – exercise self-discipline • clause 23(1)(c) – accept such discipline as would be exercised by a kind, firm, and judicious parent • clause 23(1)(e) – be courteous to fellow pupils and obedient and courteous to teachers • clause 23(1)(h) – show respect for school property • subsection 23(4) – Every pupil is responsible for his or her conduct to the principal of the school that the pupil attends, a) on the school premises; b) on out-of-school activities that are part of the school program; and c) while travelling on a school bus that is owned by a board or on a bus or school bus that is under contract to a board.

Ontario Regulation 298 • Pupils • clause 23(1)(b) – exercise self-discipline • clause 23(1)(c) – accept such discipline as would be exercised by a kind, firm, and judicious parent • clause 23(1)(e) – be courteous to fellow pupils and obedient and courteous to teachers • clause 23(1)(h) – show respect for school property • subsection 23(4) – Every pupil is responsible for his or her conduct to the principal of the school that the pupil attends, • a) on the school premises; • b) on out-of-school activities that are part of the school program; and • c) while travelling on a school bus that is owned by a board or on a bus or school bus that is under contract to a board.

For more information on laws in education http://www.e-laws.gov.on.ca/index.html E-laws

Unit 3 Governance and Law