O. Reg. 83/24: DIRECTOR OF EDUCATION PERFORMANCE APPRAISAL

Français

Education Act

ONTARIO REGULATION 83/24

DIRECTOR OF EDUCATION PERFORMANCE APPRAISAL

Consolidation Period: From March 4, 2024 to the e-Laws currency date.

No amendments.

This is the English version of a bilingual regulation.

CONTENTS

 

Definitions

1. In this Regulation,

“committee” means a committee established under subsection 3 (1); (“comité”)

“community partners and stakeholders” means persons or entities that interact with a board, including advocacy groups, First Nations, Métis and Inuit partners, business and labour organizations, municipal and childcare partners and social service agencies; (“partenaires et intervenants communautaires”)

“evaluation cycle” means the period of time during which the performance of a director of education is appraised; (“cycle d’évaluation”)

“full evaluation cycle” means an evaluation cycle that commences July 1 in a year and ends June 30 of the following year; (“cycle d’évaluation complet”)

“interim evaluation cycle” means an evaluation cycle determined in accordance with section 4. (“cycle d’évaluation intérimaire”)

Application and interpretation

2. (1) This Regulation applies to performance appraisals of directors of education conducted under Part XI.1 of the Act.

(2) For the purposes of applying this Regulation to the Centre Jules-Léger Consortium established under subsection 13.1 (1) of the Act, a reference in this Regulation to a school council is deemed to be a reference to the parent and program advisory committee within the meaning of Ontario Regulation 194/18 (Centre Jules-Léger Consortium - Object and Composition of the Parent and Program Advisory Committee) made under the Act.

(3) If two or more school authorities have appointed a director of education under section 281 of the Act, each school authority is responsible for conducting a performance appraisal of the director of education, but they may jointly retain the entity mentioned in subsection 8 (1).

Performance appraisal committee

3. (1) No later than May 15 in each year, each board shall establish a committee responsible for conducting a performance appraisal of the director of education for the board, composed of not fewer than three and not more than seven board members, one of whom shall be elected by a majority of the committee to act as its chair.

(2) If a board is composed of three members and a vacancy occurs,

(a)  the board shall appoint a member to the committee as soon as possible after the vacancy on the board is filled; and

(b)  despite subsection (1), the committee may be composed of two board members until the vacancy is filled.

(3) The committee is responsible for conducting any performance appraisal required under this Regulation in respect of any of the director of education’s evaluation cycles that occur with the board during any portion of the period beginning on July 1 in the year that the committee is established and ending on June 30 in the following year.

Timing of evaluation cycles

4. (1) A director of education whose start date in that role with a board is a date described in Column 1 of the Table to this section shall have,

(a)  an interim evaluation cycle that has an end date set out opposite the start date of the role in Column 2 of the Table; and

(b)  a first full evaluation cycle that has a start date set out opposite the start date of the role in Column 3 of the Table.

(2) If a director of education has an interim evaluation cycle with a board, the interim evaluation cycle begins on their start date in that role with the board.

(3) After a director of education’s first full evaluation cycle with a board, they shall have full evaluation cycles annually with that board.

TABLE

Item	Column 1 Start date of role as director of education	Column 2 End date for interim evaluation cycle	Column 3 Start date of first full evaluation cycle
1.	Before March 1, 2024.	None	July 1, 2024
2.	On or after March 1, 2024 and on or before June 30, 2024.	June 30, 2025	July 1, 2025
3.	On or after July 1 in a year and on or before the last day of February in the following year.	The first June 30 following their start date.	The first July 1 following their start date.
4.	On or after March 1 in a year and on or before June 30 in that same year.	June 30 in the following calendar year.	July 1 in the following calendar year.

 

Actions to be taken during full evaluation cycle

5. (1) During a director of education’s full evaluation cycle, the person or entity set out in Column 1 of the Table to this section shall take the actions set out opposite the person or entity in Column 2 of the Table on or before the date set out in Column 3.

(2) The action required by item 8 of the Table to this section shall not be taken before February 1 in the full evaluation cycle.

TABLE

Item	Column 1 Person or entity	Column 2 Action	Column 3 Date
1.	Committee chair and at least one other member of the committee	Meet with the director of education to develop and finalize their performance plan.	July 31
2.	Committee chair	Provide a copy of the director of education’s performance plan to every member of the board.	August 15
3.	Chair of the board	1.  Provide written notice to the Minister that includes the following information, i.  the date that the person began their role as director of education for the board, ii.  whether the steps set out in subsection 8 (1) are required to be taken during the current full evaluation cycle, and iii. confirmation that the director of education’s performance plan has been put in place for the current full evaluation cycle. 2.  Post a copy of the confirmation on the board’s website.	August 15
4.	Minister	If it is a full evaluation cycle in which the steps set out in subsection 8 (1) are required to be taken, provide written notice to the board and the director of education indicating whether the Minister intends to provide feedback under section 8.	December 1
5.	Committee chair	Request feedback from every member of the board in respect of the director of education’s progress toward implementing the actions and achieving the goals contained in the performance plan.	January 11
6.	Each member of the board	Provide any feedback requested in item 5 to the chair of the committee.	January 21
7.	Committee chair and at least one other member of the committee	Meet with the director of education to review their progress toward implementing the actions and achieving the goals contained in the performance plan and to discuss other matters relevant to the performance plan.	January 31
8.	Entity described in subsection 8 (1)	If it is a full evaluation cycle in which the steps set out in section 8 are required to be taken, perform the step described in paragraph 1 of subsection 8 (1).	April 30
9.	Entity described in subsection 8 (1)	If it is a full evaluation cycle in which an assessment is required to be performed under section 8, provide the report described in paragraph 2 of subsection 8 (1) to the committee and the director of education.	May 15
10.	Director of education	Update the performance plan in accordance with subsection 9 (4).	June 10
11.	Committee chair	Provide a copy of the draft performance appraisal report, prepared in accordance with section 10, in respect of the director of education to every member of the board.	June 20
12.	Each member of the board	Provide any feedback on the draft performance appraisal report to the committee.	June 30

 

Actions to be taken during interim evaluation cycle

6. During a director of education’s interim evaluation cycle, the person or entity set out in Column 1 of the Table to this section shall take the actions set out opposite the person or entity in Column 2 of the Table on or before the date set out in Column 3.

TABLE

Item	Column 1 Person or entity	Column 2 Action	Column 3 Date
1.	Committee chair and at least one other member of the committee	Meet with the director of education to develop and finalize their performance plan.	The date that is 30 days after the person’s first day in the role of the director of education for the board.
2.	Committee chair	Provide a copy of the director of education’s performance plan to every member of the board.	The date that is 45 days after the person’s first day in the role of the director of education for the board.
3.	Chair of the board	1. Provide written notice to the Minister containing the following information, i.  the date that the person began their role as director of education for the board, and ii. confirmation that the director of education’s performance plan has been put in place for the current full evaluation cycle. 2.  Post a copy of the confirmation on the board’s website.	The date that is 45 days after the person’s first day in the role of the director of education for the board.
4.	Committee chair	Request feedback from every member of the board in respect of the director of education’s progress toward implementing the actions and achieving the goals contained in the performance plan and to discuss other matters relevant to the performance plan.	The date that is 20 days before the date determined for item 6.
5.	Each member of the board	Provide any feedback requested in item 4 to the chair of the committee.	The date that is 10 days before the date determined for item 6.
6.	Committee chair and at least one other member of the committee,	Meet with the director of education to review their progress toward implementing the actions and achieving the goals contained in the performance plan and to discuss other matters relevant to the performance plan.	The closest weekday to a date that is midway between the date on which the action in item 3 is taken and final day of the interim evaluation period.
7.	Director of education	Update the performance plan in accordance with subsection 9 (4).	June 10
8.	Committee chair	Provide a copy of the draft performance appraisal report, prepared in accordance with section 10, in respect of the director of education to every member of the board.	June 20
9.	Each member of the board	Provide any feedback on the draft performance appraisal report to the committee.	June 30

 

Actions to be taken after evaluation cycle

7. (1) During the months of July and August that follow a director of education’s interim or full evaluation cycle, the person or entity set out in Column 1 of the Table to this section shall take the actions set out opposite the person or entity in Column 2 of the Table on or before the date set out in Column 3.

(2) The meeting required by item 2 of the Table to this section shall not take place during the seven-day period that commences on the day that the director of education is provided with the draft performance appraisal report under item 1 of the Table.

TABLE

Item	Column 1 Person or entity	Column 2 Action	Column 3 Date
1.	Committee chair	Provide the draft performance appraisal report for the interim or full evaluation cycle to the director of education	July 7
2.	Committee chair and at least one other member of the committee	Meet with the director of education to: i.  review the actions implemented by the director of education to achieve the goals contained in the performance plan and discuss other matters relevant to the performance plan, ii.  review and update the director of education’s performance plan for the following evaluation cycle, if necessary, iii.  review and discuss the committee’s draft performance appraisal report, and iv.  provide the director of education an opportunity to respond to the committee’s evaluation, performance rating and explanation for the rating.	July 31
3.	Committee	1.  Finalize the performance appraisal report, taking into consideration, among other things, i.  the feedback from the members of the board and the director of education ii.  the feedback set out in the report required by section 8, if applicable, and iii.  the survey information mentioned in subparagraph 3 ii of subsection 10 (5). 2.  Provide the final performance appraisal report to the board and the director of education.	August 10
4.	Board	1.  Provide written confirmation to the Minister that the performance appraisal for the interim or full evaluation cycle, as applicable, has been conducted and that the final performance appraisal report has been adopted by board resolution. 2. If it is a full evaluation cycle in which the steps set out in section 8 are required to be taken, provide to the Minister a list of the community partners and stakeholders identified by the committee under paragraph 7 of subsection 8 (2) from whom feedback was requested. 3. Post a copy of the confirmation and, if applicable, the list of community partners and stakeholders on the board’s website.	August 15

 

Bi-annual feedback

8. (1) In a director of education’s first full evaluation cycle, and every second full evaluation cycle after that, the board shall ensure that an entity that has at least five years of experience conducting multi-source executive performance assessments takes the following steps:

1.  Request feedback from the persons listed in subsection (2) in respect of the director of education’s performance.

2.  Prepare a written report summarizing and analyzing the feedback.

(2) The persons mentioned in paragraph 1 of subsection (1) are:

1.  Each member of the board.

2.  Each student trustee of the board.

3.  Each member of every statutory, ad hoc, or other committee of the board.

4.  Each staff member of the board who reports directly to the director of education.

5.  Each parent member of the school council at each school of the board.

6.  A representative nominated by each local employee association representing employees of the board.

7.  A representative sample of community partners and stakeholders, as identified by the committee with input from the director of education.

8.  If notice has been provided in accordance with item 4 of the Table to section 5, the Minister.

(3) When determining whether to provide feedback in response to a request made under subsection (1), the Minister shall consider the director of education’s leadership and progress in respect of,

(a)  achieving the goals set out in the multi-year plan developed in accordance with section 169.2 of the Act that relate to the provincial priorities in education in the area of student achievement set out in Ontario Regulation 224/23 (Provincial Priorities in Education - Student Achievement); and

(b)  maintaining or improving the reputation of and public confidence in the board in relation to advancing the provincial priorities in education in the area of student achievement set out in Ontario Regulation 224/23.

(4) In preparing a report under clause (1) (b), the entity shall remove any words or names that would identify a parent or student, if a request is made to do so by the parent or student.

Performance plan

9. (1) A performance plan required to be developed and finalized under section 5 or 6 in respect of an evaluation cycle shall include the following elements:

1.  A list of the actions that the director of education will implement during the evaluation cycle to achieve each of the following goals:

i.  Advance the provincial priorities in education in the area of student achievement set out in Ontario Regulation 224/23 (Provincial Priorities in Education - Student Achievement).

ii.  Manage human, capital and fiscal resources to achieve the goals identified in the board’s multi-year plan developed under clause 169.1 (1) (f) of the Act.

iii.  Promote a healthy and inclusive workplace with effective systems for staff selection and oversight.

iv.  Create and maintain respectful and collaborative relationships with students, parents, staff, school board communities, community partners and stakeholders, Ministry staff and the Minister.

v.  Demonstrate leadership that maintains or improves the reputation of and public confidence in the board.

vi.  Ensure compliance with applicable laws, Ministry policies and guidelines, and board mandates.

2.  Identification of leadership competencies and practices needed to achieve the goals set out in paragraph 1 and actions that the director of education shall implement during the evaluation cycle to improve at least one of those competencies or practices.

3.  One or more methods of,

i.  determining whether the director of education successfully implemented the actions set out in the performance plan during the evaluation cycle, and

ii.  measuring, qualitatively or quantitatively, the degree to which the actions achieved the goals set out in paragraph 1.

4.  Any additional appraisal elements determined by the committee with input from the director of education and if the additional appraisal elements include additional goals, a list of the actions that the director of education will implement during the evaluation cycle to achieve those goals.

(2) The actions listed under paragraph 1 of subsection (1) shall include professional development activities that the director of education will undertake during the evaluation cycle.

(3) The leadership competencies and practices identified under paragraph 2 of subsection (1) shall be described in accordance with any guideline issued by the Minister under subsection 287.6 (1) of the Act.

(4) A performance plan update required under section 5 or 6 shall include,

(a)  a confirmation of which of the actions listed for the purposes of paragraphs 1, 2 and 4 of subsection (1) have been implemented by the director of education during the evaluation cycle;

(b)  a description of how each action that was implemented assisted in achieving the goals set out in paragraphs 1 and 4 of subsection (1), as applicable; and

(c)  for each action that was not implemented by the director of education, a rationale for why the action was not implemented.

(5) The director of education and the chair of the committee shall each sign the performance plan and each of them shall retain a copy for at least six years.

Performance appraisals and ratings

10. (1) The committee shall conduct a performance appraisal of the director of education for the board by,

(a)  in respect of a full evaluation cycle, holding each meeting mentioned in items 1 and 7 of the Table to section 5 and the meeting mentioned in item 2 of the Table to section 7;

(b)  in respect of an interim evaluation cycle, holding each meeting mentioned in items 1 and 6 of the Table to section 6 and the meeting mentioned in item 2 of the Table to section 7; and

(c)  evaluating the director of education’s success in implementing the actions and achieving the goals set out in the performance plan developed for the interim or full evaluation cycle.

(2) Despite subsection (1), the performance of a director of education shall not be evaluated in respect of the following periods:

1.  A period when the director of education is on an extended leave that has been approved by the board.

2.  A period when the director of education is on secondment to a position other than that of director of education.

(3) The performance appraisal shall be conducted in accordance with this Regulation and with such guidelines as the Minister may issue.

(4) Based on the results of the performance appraisal, the committee shall assign one of the following performance ratings to the director of education:

1.  Meets all expectations.

2.  Meets most expectations.

3.  Meets some expectations.

4.  Does not meet expectations.

(5) When determining which performance rating to assign to the director of education for the board, the committee shall consider the following factors:

1.  The extent to which the director of education worked diligently and consistently toward the implementation of the actions identified in the performance plan.

2.  The efforts made by the director of education to engage board staff, community partners and stakeholders, and others in the development of the goals and implementation of the actions identified in the performance plan.

3.  The degree of success the director of education had in achieving the goals set out in the performance plan, as informed by data available to the board including,

i.  the feedback set out in the report required by section 8, if applicable, and

ii.  the information collected by the surveys required by subsection 169.1 (2.1) of the Act in respect of the evaluation cycle, if applicable.

4.  The rationale provided by the director of education for the actions that were not implemented and the goals that were not achieved.

5.  The effectiveness of efforts made to overcome challenges faced by the director of education in implementing the actions identified in the performance plan.

6.  The demonstrated ability and willingness of the director of education to address, in the future, the actions that were not implemented and goals that were not achieved.

(6) The committee shall prepare a draft performance appraisal report summarizing the committee’s evaluation, setting out the performance rating and providing an explanation for the rating.

Records to be kept by the board

11. Every board that prepares or receives a document that is required to be prepared by the board or provided to the board under this Regulation shall keep the document for a period of at least six years from the date of the draft performance appraisal report to which the document relates.

12. Omitted (provides for coming into force of provisions of this Regulation).

 

Français