Important: Please use the beta version of the new e-Laws at ontario.ca/laws-beta. This version of the e-Laws website will be discontinued in the coming weeks.

O. Reg. 85/08: GRANTS FOR STUDENT NEEDS - LEGISLATIVE GRANTS FOR THE 2008-2009 SCHOOL BOARD FISCAL YEAR

under Education Act, R.S.O. 1990, c. E.2

Versions

	revoked or spent August 31, 2011
	May 11, 2011 – August 30, 2011
	June 4, 2010 – May 10, 2011
	September 21, 2009 – June 3, 2010
	July 17, 2009 – September 20, 2009
	April 9, 2009 – July 16, 2009
	January 28, 2009 – April 8, 2009
	December 1, 2008 – January 27, 2009
	October 24, 2008 – November 30, 2008
	August 15, 2008 – October 23, 2008
	April 7, 2008 – August 14, 2008
	8 more

Print Download

Français

Education Act

ONTARIO REGULATION 85/08

GRANTS FOR STUDENT NEEDS — LEGISLATIVE GRANTS FOR THE 2008-2009 SCHOOL BOARD FISCAL YEAR

Note: This Regulation was revoked on August 31, 2011. See: O. Reg. 152/11, ss. 1, 2.

Last amendment: O. Reg. 152/11.

This is the English version of a bilingual regulation.

SKIP TABLE OF CONTENTS

CONTENTS


PART I GENERAL
1.	Application and interpretation
2.	Fiscal year
3.	Documents referred to in this Regulation
4.	Pupil of a board
5.	Enrolment
6.	Level of accuracy
7.	Legislative grants
8.	Payments
9.	Conditions for grant
10.	Adjusting overpayment
11.	Adjusting underpayment
PART II GRANTS TO DISTRICT SCHOOL BOARDS
12.	Grant allocations
13.	Amount of grant
14.	2008-2009 tax revenue
15.	Pupil foundation allocation
16.	School foundation allocation
17.	Primary class size allocation
18.	Special education allocation
19.	Enrolment-based special education amount
20.	Special equipment
21.	High needs amount
22.	Special incidence
23.	Facilities amount
24.	Special education pupil, move to new board
25.	Language allocation, English-language boards
26.	French as a second language amount
27.	ESL/ELD amount
28.	Language allocation, French-language boards
29.	French as a first language amount
30.	ALF/PDF amount
31.	First Nation, Métis and Inuit education supplemental allocation
32.	Learning resources for distant and outlying schools allocation
33.	Remote and rural allocation
34.	Rural and small community allocation
35.	Learning opportunities allocation
36.	Safe schools allocation
37.	Continuing education and other programs allocation
38.	Cost adjustment and new teacher induction program allocation
39.	New teacher induction program amount
40.	Elementary and secondary qualification and experience amount
41.	Transportation allocation
42.	Administration and governance allocation
43.	Program enhancement allocation
44.	Community use of schools allocation
45.	Pupil accommodation allocation
46.	Amount for school operations
47.	Amount for school renewal
48.	Amount for urgent and high priority renewal projects
49.	Amount for new pupil places
50.	Amount for primary class size reduction
51.	Amount for growth schools
52.	Amount for the capital transitional adjustment
52.1	Amount for capital priorities
53.	Amount for the replacement of schools that are prohibitive to repair
54.	Amount for the construction of facilities described in clauses 234 (1) (b) and (c) of the Act
55.	Amount for outstanding capital commitments
56.	Calculations for the pupil accommodation allocation
57.	Debt charges allocation
58.	Adjustment for declining enrolment
59.	Compliance
60.	Required spending, special education
61.	Required spending, capital assets
62.	Maximum administration and governance expenditures
PART III GRANTS TO SCHOOL AUTHORITIES
63.	Grants to isolate boards
64.	Grants to s. 68 boards
PART IV PAYMENTS TO GOVERNING AUTHORITIES
65.	Definitions
66.	Pupil attending school in Manitoba or Quebec
67.	Pupil attending school on reserve
68.	Amounts payable to board, attendance at school for Indian children
Table/Tableau 1	High needs per-pupil amount/Somme liée aux besoins élevés fondée sur l’effectif
Table/Tableau 2	Pupils in canada component of esl-eld grant/Volet élèves au canada de la subvention esl-esd
Table/Tableau 3	Assimilation factors for alf funding/Facteurs d’assimilation pour le financement des programmes d’alf
Table/Tableau 4	Demographic component of first nation, métis and inuit education supplement/Composante démographique du supplément pour l’éducation des premières nations, des métis et des inuits
Table/Tableau 5	Learning resources for distant schools allocation/Élément ressources d’apprentissage pour écoles éloignées
Table/Tableau 6	Remote and rural allocation, rural and small community allocation/Élément conseils ruraux et éloignés et élément collectivités rurales et de petite taille
Table/Tableau 7	Learning opportunities/Programmes d’aide à l’apprentissage
Table/Tableau 8	Safe schools allocation/Élément sécurité dans les écoles
Table/Tableau 9	Teacher qualification and experience/Compétence et expérience des enseignants
Table/Tableau 10	Cost adjustment amount for non-teachers/Somme liée au redressement des coûts pour le personnel non enseignant
Table/Tableau 10.1	Transportation allocation/Élément transport des élèves
Table/Tableau 11	Changes to distant schools/Rajustements pour écoles éloignées
Table/Tableau 12	Amount for renewal software licensing fees/Somme liée au renouvellement des permis d’utilisation de logiciels
Table/Tableau 13	Community use of schools operations amount/Somme liée au fonctionnement de l’utilisation communautaire des écoles
Table/Tableau 14	Percentage of total area of elementary and secondary schools less than 20 years old or 20 years or older/Pourcentage de la superficie totale des écoles élémentaires et secondaires qui datent de moins de 20 ans ou de 20 ans ou plus
Table/Tableau 15	School renewal enhancement amount/Augmentation au titre de la réfection des écoles
Table/Tableau 16	Geographic adjustment factors/Facteurs de redressement géographique
Table/Tableau 17	Good places to learn — maximum allocations/Lieux propices à l’apprentissage — allocations maximales
Table/Tableau 18	2005 capital policy adjustment/Redressement des immobilisations en 2005
Table/Tableau 19	Growth schools amount eligible for long-term financing/Somme liée aux écoles des quartiers à forte croissance qui est admissible au financement à long terme
Table/Tableau 20	Capital transitional adjustment 1/Redressement temporaire des immobilisations (no 1)
Table/Tableau 21	Capital transitional adjustment 2/Redressement temporaire des immobilisations (no 2)
Table/Tableau 21.1	Capital priorities/Immobilisations prioritaires
Table/Tableau 22	Schools for which cost of repair is prohibitive 1/Écoles dont le coût des réparations est prohibitif (no 1)
Table/Tableau 23	Schools for which cost of repair is prohibitive 2/Écoles dont le coût des réparations est prohibitif (no 2)
Table/Tableau 24	Outstanding capital commitments/Engagements d’immobilisations non réalisés
Table/Tableau 25	Capital related debt eligible for funding support by district school board/Dette liée aux immobilisations admissible à un soutien financier, par conseil scolaire de district
Table/Tableau 26	Per pupil exclusion for declining enrolment adjustment/Montant par élève à exclure du redressement pour baisse des effectifs
Table/Tableau 27	Additional rural schools/Écoles rurales additionnelles

PART I
GENERAL

Application and interpretation

1. (1) This Regulation applies to boards for the 2008-2009 fiscal year and to governing authorities in respect of payments for the period from September 1, 2008 to August 31, 2009. O. Reg. 85/08, s. 1 (1).

(2) In this Regulation,

“2003-2004 grant regulation” means Ontario Regulation 139/03 (Student Focused Funding — Legislative Grants for the 2003-2004 School Board Fiscal Year) made under the Act as it read immediately before it was revoked; (“règlement sur les subventions de 2003-2004”)

“2004-2005 grant regulation” means Ontario Regulation 145/04 (Grants for Student Needs — Legislative Grants for the 2004-2005 School Board Fiscal Year) made under the Act as it read immediately before it was revoked; (“règlement sur les subventions de 2004-2005”)

“2005-2006 grant regulation” means Ontario Regulation 400/05 (Grants for Student Needs — Legislative Grants for the 2005-2006 School Board Fiscal Year) made under the Act; (“règlement sur les subventions de 2005-2006”)

“2006-2007 grant regulation” means Ontario Regulation 341/06 (Grants for Student Needs — Legislative Grants for the 2006-2007 School Board Fiscal Year) made under the Act; (“règlement sur les subventions de 2006-2007”)

“2007-2008 grant regulation” means Ontario Regulation 152/07 (Grants for Student Needs — Legislative Grants for the 2007-2008 School Board Fiscal Year) made under the Act; (“règlement sur les subventions de 2007-2008”)

“2008-2009 A.D.E. regulation” means Ontario Regulation 83/08; (Calculation of Average Daily Enrolment for the 2008-2009 School Board Fiscal Year ) made under the Act; (“règlement sur l’effectif quotidien moyen de 2008-2009”)

“2008-2009 fees regulation” means Ontario Regulation 84/08 (Calculation of Fees for Pupils for the 2008-2009 School Board Fiscal Year) made under the Act; (“règlement sur les droits de 2008-2009”)

“ALF” stands for actualisation linguistique en français; (“ALF”)

“capital asset” means,

(a) a school site that provides or is capable of providing pupil accommodation and an addition or improvement to such a school site,

(b) a school building, fixture of a school building or fixture of school property, and an addition, alteration, renovation or major repair to a school building, fixture of a school building or fixture of school property,

(d) library materials for the initial equipping of a library in a school building,

(e) an installation on school property to supply a school building on the property with water, sewer, septic, electrical, heating, cooling, natural gas, telephone or cable services, and an alteration, replacement or major repair to the installation, and

(f) changes to the level, drainage or surface of school properties; (“immobilisation”)

“cycle” has the same meaning as in the 2008-2009 A.D.E. regulation; (“horaire”)

“elementary school pupil” means a pupil who is enrolled in any of junior kindergarten, kindergarten and grades 1 to 8; (“élève de l’élémentaire”)

“ELD” stands for English literacy development; (“ELD”)

“ESL” stands for English as a second language; (“ESL”)

“full-time pupil” has the same meaning as in the 2008-2009 A.D.E. regulation; (“élève à temps plein”)

“half-time pupil” has the same meaning as in the 2008-2009 A.D.E. regulation; (“élève à mi-temps”)

“independent study course” has the same meaning as in the 2008-2009 A.D.E. regulation; (“cours d’études personnelles”)

“isolate board” is a school authority other than a section 68 board; (“conseil isolé”)

“part-time pupil” has the same meaning as in the 2008-2009 A.D.E. regulation; (“élève à temps partiel”)

“PDF” stands for perfectionnement du français; (“PDF”)

“revenue from other sources” means, with respect to a district school board, the revenue of the board other than,

(a) the amount of grants payable to the board under this Regulation,

(b) the amount that would be the board’s 2008-2009 tax revenue amount if no amount were required to be deducted under paragraph 3 or 4 of subsection 14 (1), and

“rural elementary school” means, with respect to a board, an elementary school that has a 2008-2009 enrolment, within the meaning of subsection 45 (2), greater than zero, and that meets at least one of the following two criteria:

1. On October 31, 2008, the second character of the school’s postal code is 0.

2. The school is listed in Column 3 of Table 27 opposite the name of the board in Column 1 of that Table; (“école élémentaire rurale”)

“rural secondary school” means, with respect to a board, a secondary school that has a 2008-2009 enrolment, within the meaning of subsection 45 (2), greater than zero, and that meets at least one of the following two criteria:

1. On October 31, 2008, the second character of the school’s postal code is 0.

2. The school is listed in Column 4 of Table 27 opposite the name of the board in Column 1 of that Table; (“école secondaire rurale”)

“secondary school pupil” means a pupil who is enrolled in any of grades 9 to 12; (“élève du secondaire”)

“section 68 board” is a board established under section 68 of the Act. (“conseil créé en vertu de l’article 68”) O. Reg. 85/08, s. 1 (2); O. Reg. 153/09, s. 1.

Fiscal year

2. Any fiscal year referred to in this regulation is from September 1 to August 31. O. Reg. 85/08, s. 2.

Documents referred to in this Regulation

3. (1) The Instruction Guide, dated 2002, referred to in paragraph 1 of subsection 16 (3) and paragraphs 1 and 50 of subsection 49 (1) is available for public inspection at the offices of the Education Finance Branch of the Ministry of Education and on the Ministry’s website. O. Reg. 85/08, s. 3 (1).

(2) The document entitled “Special Education Funding Guidelines: Special Equipment Amount (SEA) and Special Incidence Portion (SIP) 2008-09”, dated Spring 2008, referred to in clauses 20 (1) (a), 22 (1) (a) and 64 (2) (a), is available for public inspection at the offices of the Education Finance Branch of the Ministry of Education and on the Ministry’s website. O. Reg. 85/08, s. 3 (2).

(3) The list of common course codes referred to in subsections 26 (4) and 31 (6) is available for public inspection at the offices of the Education Finance Branch of the Ministry of Education and on the Ministry’s website. O. Reg. 85/08, s. 3 (3).

(4) The document entitled “Ontario Secondary Schools, Grades 9 to 12 — Program and Diploma Requirements — 1999”, referred to in paragraphs 1, 2 and 3 of subsection 37 (5), is available for public inspection at the offices of the Education Finance Branch of the Ministry of Education and on the Ministry’s website. O. Reg. 85/08, s. 3 (4).

(5) The 2005 Data Form A, referred to in paragraphs 4 and 5 of subsection 40 (7) is available for public inspection at the offices of the Education Finance Branch of the Ministry of Education. O. Reg. 85/08, s. 3 (5).

(6) The documents entitled “Good Places to Learn: Stage 1 Funding Allocation” referred to in clause 48 (2) (a), “Good Places to Learn: Stage 2 Funding Allocation”, referred to in clause 48 (3) (a), “Good Places to Learn: Stage 3 Funding Allocation”, referred to in clause 48 (4) (a) and “Good Places to Learn: Stage 4 Funding Allocation”, referred to in clause 48 (5) (a) are available for public inspection at the offices of the Education Finance Branch of the Ministry of Education and on the Ministry’s website. O. Reg. 36/09, s. 1.

(7) The Report of the Pupil Accommodation Review Committee, dated August, 1998, referred to in paragraph 1 of subsection 56 (6), is available for public inspection at the offices of the Education Finance Branch of the Ministry of Education and on the Ministry’s website. O. Reg. 85/08, s. 3 (7).

(8) The Uniform Code of Accounts, dated September 2008, referred to in clauses 62 (3) (a) and (b) is available for public inspection at the offices of the Education Finance Branch of the Ministry of Education and on the Ministry’s website. O. Reg. 416/08, s. 1; O. Reg. 349/09, s. 1.

Pupil of a board

4. (1) Subject to subsections (2) and (3), for the purposes of this Regulation, a pupil is a pupil of a board if he or she is enrolled in a school operated by the board. O. Reg. 85/08, s. 4 (1).

(2) A pupil who receives instruction in an education program provided by a board that is a qualifying education program within the meaning of subsection 23 (2) is not a pupil enrolled in a school operated by the board for the purposes of subsection (1). O. Reg. 85/08, s. 4 (2).

(3) For the purposes of this Regulation, the following are not pupils of a board even if they are enrolled in a school of the board:

1. A pupil who is a registered Indian residing on a reserve within the meaning of the Indian Act (Canada).

2. A pupil who is liable to pay fees as specified in subsection 49 (6) of the Act.

3. A pupil in respect of whom the board may charge a fee under section 5 of the 2008-2009 fees regulation. O. Reg. 85/08, s. 4 (3).

Enrolment

5. (1) For the purposes of this Regulation, the 2008-2009 day school average daily enrolment of pupils of a board is the day school average daily enrolment for the board determined under section 2 of the 2008-2009 A.D.E. regulation, counting all pupils of the board other than secondary school pupils who are 21 years of age or older on December 31, 2008. O. Reg. 85/08, s. 5 (1).

(2) For the purposes of this Regulation, the 2008-2009 day school average daily enrolment of elementary school pupils of a board is the day school average daily enrolment for the board determined under section 2 of the 2008-2009 A.D.E. regulation, counting only the elementary school pupils of the board. O. Reg. 85/08, s. 5 (2).

(3) For the purposes of this Regulation, the 2008-2009 day school average daily enrolment of secondary school pupils of a board is the day school average daily enrolment for the board determined under section 2 of the 2008-2009 A.D.E. regulation, counting only secondary school pupils of the board who are under 21 years of age on December 31, 2008. O. Reg. 85/08, s. 5 (3).

(4) For the purposes of this Regulation, the day school full-time equivalent enrolment for a board as of October 31, 2008 is determined using the formula,

A + B + C/D

in which,

“A” is the number of full-time pupils of the board enrolled on October 31, 2008, excluding secondary school pupils who are at least 21 years of age on December 31, 2008,

“B” is the amount equal to 0.5 times the number of half-time pupils of the board enrolled on October 31, 2008,

“C” is the total of all amounts each of which is an amount determined for a part-time pupil of the board enrolled on October 31, 2008, other than a secondary school pupil who is at least 21 years of age on December 31, 2008, equal to the number of minutes for which the pupil is registered for classroom instruction in the cycle that includes October 31, 2008, in a course other than an independent study course, and

“D” is the amount determined by multiplying the number of days in the cycle described in the definition of “C” by 300.

O. Reg. 85/08, s. 5 (4).

(5) If this Regulation requires that pupils be counted but does not provide that the count be on the basis of average daily enrolment or on the basis of full-time equivalent enrolment, each pupil, whether full-time, half-time or part-time, must be counted as one. O. Reg. 85/08, s. 5 (5).

Level of accuracy

6. (1) A count of pupils for the purposes of this Regulation on the basis of average daily enrolment or on the basis of full-time equivalent enrolment must be accurate to two decimal places. O. Reg. 85/08, s. 6 (1).

(2) A count of teachers or teacher assistants for the purposes of this Regulation on the basis of full-time equivalence must be accurate to one decimal place. O. Reg. 85/08, s. 6 (2).

Legislative grants

7. (1) The legislative grant payable for the fiscal year to a district school board is the amount calculated under Part II. O. Reg. 85/08, s. 7 (1).

(2) The legislative grant payable for the fiscal year to an isolate board is the amount calculated under section 63. O. Reg. 85/08, s. 7 (2).

(3) The legislative grant payable for the fiscal year to a section 68 board is the amount calculated under section 64. O. Reg. 85/08, s. 7 (3).

(4) Despite subsection (1), the calculations under Part II are modified as follows:

1. For ETFO boards, in each provision listed in Column 1 of Table 1 to this section, the reference to the amount or formula set out in Column 2 of the Table shall be read as a reference to the amount or formula set out in Column 3 of the Table.

2. For non-qualifying OSSTF boards, in each provision listed in Column 1 of Table 2 to this section, the reference to the amount or formula set out in Column 2 of the Table shall be read as a reference to the amount or formula set out in Column 3 of the Table. O. Reg. 349/09, s. 2.

(5) An ETFO board is a board that employs one or more teachers who are members of a bargaining unit represented by the Elementary Teachers’ Federation of Ontario (ETFO). O. Reg. 349/09, s. 2.

(6) A qualifying OSSTF board is a board that employs one or more Part X.1 teachers who are members of a bargaining unit described in paragraph 3 of subsection 277.3 (1) of the Act and,

(a) the Ontario Secondary School Teachers’ Federation (OSSTF) entered into a collective agreement on behalf of the bargaining unit that,

(i) came into force between April 7, 2008 and the date agreed on by OSSTF and the board representative or determined under subsection (8),

(ii) was negotiated without strike or lock-out during the period set out in subclause (i),

(iii) expires on August 31, 2012, and

(iv) has terms that are in full conformity with the agreement dated November 27, 2008 between the Ontario Secondary School Teachers’ Federation (OSSTF), representing English public teachers and occasional teachers and the Ontario Public School Boards’ Association (OPSBA), representing English public school boards;

(b) OSSTF has provided a written confirmation, together with the director of the board, to the Director, Labour Relations and Governance Branch, Ministry of Education, that the collective agreement meets the conditions listed under clause (a), and the board has provided any reports relating to the collective agreement that the Minister may require; and

(c) the Minister has confirmed the collective agreement in accordance with subsection (11) or (12). O. Reg. 349/09, s. 2.

(7) A non-qualifying OSSTF board is a board that employs one or more Part X.1 teachers who are members of a bargaining unit described in paragraph 3 of subsection 277.3 (1) of the Act, but is not a qualifying OSSTF board. O. Reg. 349/09, s. 2.

(8) If OSSTF and a board representative cannot agree on a date for the purposes of subclause (6) (a) (i), the date shall be determined by three arbitrators, appointed as follows:

1. One arbitrator appointed by OSSTF.

2. One arbitrator appointed by the board representative.

3. One arbitrator appointed by the arbitrators appointed under paragraphs 1 and 2. O. Reg. 349/09, s. 2.

(9) The decision of the arbitrators or a majority of them is final and binding on OSSTF and the board representative. O. Reg. 349/09, s. 2.

(10) If in the opinion of the Minister there are reasons to believe that any of the conditions listed under clause (6) (a) have not been met, the Minister shall, within four weeks after receiving the reports required under clause (6) (b), send a statement to the director of the board and OSSTF setting out the reasons for his or her belief, and provide them with a reasonable opportunity to make submissions as to whether the conditions have been met. O. Reg. 349/09, s. 2.

(11) After considering the submissions, the Minister shall either confirm the collective agreement for the purposes of clause (6) (c) or advise the director of the board and OSSTF that he or she cannot confirm the collective agreement. O. Reg. 349/09, s. 2.

(12) The Minister is deemed to have confirmed the collective agreement if,

(a) he or she does not send a statement under subsection (10) within four weeks after receiving the reports required under clause (6) (b); or

(b) he or she does not advise the director of the board and OSSTF under subsection (11) that he or she cannot confirm the collective agreement. O. Reg. 349/09, s. 2.

(13) In this section, “Part X.1 teacher” has the same meaning as in Part X.1 of the Act. O. Reg. 349/09, s. 2.

TABLE 1

Item	Column 1	Column 2	Column 3
	Provision	Amount or formula	Amount or formula for ETFO boards
1.	Paragraph 1 of section 15	$4,118.40	$4,077.88
2.	Subsection 17 (1)	$823.38	$815.38
3.	Paragraph 1 of section 19	$719.13	$711.57
4.	Paragraph 2 of section 19	$553.59	$547.77
5.	Paragraph 1 of subsection 26 (2)	$272.90	$270.93
6.	Paragraph 2 of subsection 26 (2)	$310.92	$308.68
7.	Paragraph 3 of subsection 26 (2)	$347.82	$345.32
8.	Paragraph 4 of subsection 26 (2)	$347.82	$345.32
9.	Subsection 27 (3), in the portion before clause (a)	$3,576	$3,545
10.	Paragraph 1 of subsection 31 (2)	$1,856.43	$1,838.39
11.	Paragraph 2 of subsection 31 (2)	$2,784.64	$2,757.59
12.	Formula in subparagraph 7 i of subsection 32 (1)	$63,861.10 + (A × $6,400.96)	$63,240.63 + (A × $6,338.77)
13.	Formula in subparagraph 7 ii of subsection 32 (1)	$556,928.26 – (A × $3,460.38)	$551,517.16 – (A × $3,426.76)
14.	Subparagraph 7 iii of subsection 32 (1)	$37,871.12	$37,503.17
15.	Subparagraph 1 i of subsection 33 (2)	$0.01674	$0.01668
16.	Subparagraph 1 ii of subsection 33 (2)	$308.26	$307.10
17.	Subparagraph 2 ii of subsection 33 (2)	$0.01923	$0.01915
18.	Subparagraph 2 iii of subsection 33 (2)	$241.30	$240.39
19.	Subparagraph 3 ii of subsection 33 (2)	$0.02055	$0.02047
20.	Subparagraph 3 iii of subsection 33 (2)	$164.40	$163.78
21.	Formula in paragraph 2 of subsection 33 (4)	(A – 150) × $1.05164	(A – 150) × $1.04770
22.	Formula in paragraph 3 of subsection 33 (4)	[(A – 650) × $0.14154] + $525.82	[(A – 650) × $0.14100] + $523.85
23.	Paragraph 4 of subsection 33 (4)	$596.59	$594.35
24.	Paragraph 2 of subsection 35 (4)	$11.32	$11.26
25.	Paragraph 8 of subsection 35 (4)	$0.22	$0.21
26.	Paragraph 6 of subsection 40 (1)	$3,605.03	$3,570.00

O. Reg. 349/09, s. 2.

TABLE 2

Item	Column 1	Column 2	Column 3
	Provision	Amount or formula	Amount or formula for non-qualifying OSSTF boards
1.	Paragraph 2 of section 15	$5,277.94	$5,218.95
2.	Paragraph 3 of section 19	$365.41	$364.46
3.	Paragraph 1 of subsection 26 (3), in the portion before subparagraph i	$69.71	$69.17
4.	Paragraph 2 of subsection 26 (3), in the portion before subparagraph i	$114.68	$113.79
5.	Paragraph 3 of subsection 26 (3), in the portion before subparagraph i	$92.19	$91.47
6.	Paragraph 4 of subsection 26 (3), in the portion before subparagraph i	$178.78	$177.39
7.	Subsection 27 (4), in the portion before clause (a)	$3,576	$3,545
8.	Paragraph 1 of subsection 31 (3)	$1,547.02	$1,531.99
9.	Paragraph 2 of subsection 31 (3)	$1,547.02	$1,531.99
10.	Paragraph 3 of subsection 31 (3)	$1,547.02	$1,531.99
11.	Paragraph 4 of subsection 31 (3)	$1,547.02	$1,531.99
12.	Paragraph 1 of subsection 31 (4)	$1,547.02	$1,531.99
13.	Paragraph 2 of subsection 31 (4)	$1,547.02	$1,531.99
14.	Formula in subparagraph 9 i of subsection 32 (1)	$54,578.97 + (A × $15,408.35) – B	$54,048.69 + (A × $15,258.64) – B
15.	Formula in subparagraph 9 iii of subsection 32 (1)	$1,039,599.40 – (A × $4,292.06) – B	$1,029,498.93 – (A × $4,250.36) – B
16.	Formula in subparagraph 9 v of subsection 32 (1)	$252,474.14 – (A × $356.43) – B	$250,021.16 – (A × $352.97) – B
17.	Formula in subparagraph 9 vii of subsection 32 (1)	$74,257.10 – B	$73,535.62 – B
18.	Subparagraph 1 iv of subsection 33 (2)	$0.01674	$0.01668
19.	Subparagraph 1 v of subsection 33 (2)	$308.26	$307.10
20.	Subparagraph 2 v of subsection 33 (2)	$0.01923	$0.01915
21.	Subparagraph 2 vi of subsection 33 (2)	$241.30	$240.39
22.	Subparagraph 3 v of subsection 33 (2)	$0.02055	$0.02047
23.	Subparagraph 3 vi of subsection 33 (2)	$164.40	$163.78
24.	Formula in paragraph 2 of subsection 33 (4.1)	(A – 150) × $1.05164	(A – 150) × $1.04770
25.	Formula in paragraph 3 of subsection 33 (4.1)	[(A – 650) × $0.14154] + $525.82	[(A – 650) × $0.14100] + $523.85
26.	Paragraph 4 of subsection 33 (4.1)	$596.59	$594.35
27.	Paragraph 1 of subsection 35 (4)	$28.35	$28.19
28.	Paragraph 5 of subsection 37 (1)	$2,962	$2,938
29.	Paragraph 1 of subsection 37 (5)	$111	$110
30.	Paragraph 2 of subsection 37 (5)	$111	$110
31.	Paragraph 3 of subsection 37 (5)	$333	$330
32.	Paragraph 6 of subsection 40 (2)	$4,577.96	$4,519.50

O. Reg. 349/09, s. 2.

Payments

8. A legislative grant payable under this Regulation is paid on an estimated basis during the fiscal year and such adjustments as may be necessary must be made after the actual financial, enrolment and other data are available. O. Reg. 85/08, s. 8.

Conditions for grant

9. (1) It is a condition of the payment of a grant to a board under this Regulation that the board comply with all Acts administered by the Minister and with all regulations, policies, guidelines, directives and similar instruments made under an Act administered by the Minister. O. Reg. 85/08, s. 9 (1).

(2) If a board contravenes an Act administered by the Minister or a regulation, policy, guideline, directive or similar instrument made under an Act administered by the Minister, the Minister may withhold all or part of a grant otherwise payable to the board under the Act. O. Reg. 85/08, s. 9 (2).

Adjusting overpayment

10. If the amount payable to a board under a legislative grant regulation was overpaid and the overpayment has not been deducted from grants payable to the board under other legislative grant regulations, the overpayment must be deducted from the grants payable under this Regulation to the board. O. Reg. 85/08, s. 10.

Adjusting underpayment

11. If the amount payable to a board under a legislative grant regulation was underpaid, the amount of the underpayment that has not previously been paid must be added to the grants payable under this Regulation to the board. O. Reg. 85/08, s. 11.

PART II
GRANTS TO DISTRICT SCHOOL BOARDS

Grant allocations

12. A district school board is entitled to the following grant allocations, in the amounts determined under this Part, in determining the amount of the grant payable to it for the fiscal year:

1. Pupil foundation allocation.

2. School foundation allocation.

3. Primary class size allocation.

4. Special education allocation.

5. Language allocation.

6. First Nation, Métis and Inuit supplemental allocation.

7. Learning resources for distant and outlying schools allocation.

8. Remote and rural allocation.

9. Rural and small community allocation.

10. Learning opportunities allocation.

11. Safe schools allocation.

12. Continuing education and other programs allocation.

13. Cost adjustment and new teacher induction program allocation.

14. Transportation allocation.

15. Administration and governance allocation.

16. Program enhancement allocation.

17. Community use of schools allocation.

18. Pupil accommodation allocation.

19. Debt charges allocation. O. Reg. 85/08, s. 12.

Amount of grant

13. The grant payable to a district school board for the fiscal year is the amount determined using the following formula:

(A + B) – (C + D + E)

in which,

“A” is the total amount of the grant allocations to which the board is entitled for the fiscal year,

“B” is the amount of the board’s adjustment for declining enrolment for the fiscal year,

“C” is the amount of the board’s 2008-2009 tax revenue, as determined in this Regulation,

“D” is the amount of the board’s total fees revenue for the fiscal year in respect of pupils described in subsection 46 (2) of the Act, as determined under section 4 of the 2008-2009 fees regulation, and

“E” is the amount of the board’s reserve fund under subsection 233 (1) of the Act on August 31, 2009 before the transfer under subsection 233 (2) of the Act.

O. Reg. 85/08, s. 13; O. Reg. 416/08, s. 2; O. Reg. 349/09, s. 3.

2008-2009 tax revenue

14. (1) The 2008-2009 tax revenue of a district school board is determined as follows:

1. Add,

i. 38 per cent of the sum of,

A. the total of the amounts distributed to the board in respect of the 2008 calendar year under subsections 237 (12) and 238 (2), section 239, subsection 240 (5), sections 250 and 251 and subsections 257.8 (2) and 257.9 (1) of the Education Act, under sections 447.20 and 447.52 of the Municipal Act as made applicable by section 474 of the Municipal Act, 2001, under subsections 364 (22) and 365.2 (16) of the Municipal Act, 2001, under subsections 331 (22) and 334 (14) of the City of Toronto Act, 2006, under section 10 of Ontario Regulation 509/98 (Tax Matters — Relief in Unorganized Territory (Section 257.2.1 of the Act)) made under the Act and under subsection 13 (2) of Ontario Regulation 3/02 (Tax Relief in Unorganized Territory for 2001 and Subsequent Years) made under the Act,

B. the amounts, if any, referred to in subsection 364 (22) of the Municipal Act, 2001, as made applicable by section 257.12.3 of the Education Act, that are paid to the board in respect of the 2008 calendar year,

C. the total of all amounts, if any, received by the board in respect of the 2008 calendar year from a municipality under subsections 353 (4), (4.1) and 366 (3) of the Municipal Act, 2001, or under subsections 318 (4), (4.1) and 336 (3) of the City of Toronto Act, 2006,

D. the amounts, if any, applied by the board against the cancellation price of land sold for tax arrears in the 2008 calendar year under sections 380 and 380.1 of the Municipal Act, 2001, as made applicable by subsection 371 (2) of that Act,

E. the payments in lieu of taxes distributed to the board in respect of the 2008 calendar year under subsection 322 (1) of the Municipal Act, 2001, or under subsection 284 (1) of the City of Toronto Act, 2006,

F. the grants, if any, made to the board in respect of the 2008 calendar year under subsection 302 (2) of the Municipal Act, 2001, or under subsection 238 (2) of the City of Toronto Act, 2006,

G. the amounts, if any, received by the board in respect of the 2008 calendar year under the Payments in Lieu of Taxes Act (Canada) and under any Act of Canada that permits a payment to be made by a government or a government agency in lieu of taxes on real property, and

H. the amounts, if any, paid to the board in respect of the 2008 calendar year under subsections 9 (2) and (4) of the Tax Incentive Zones Act (Pilot Projects), 2002,

ii. 62 per cent of the sum of,

A. the total of the amounts distributed to the board in respect of the 2009 calendar year under subsections 237 (12) and 238 (2), section 239, subsection 240 (5), sections 250 and 251 and subsections 257.8 (2) and 257.9 (1) of the Education Act, under sections 447.20 and 447.52 of the Municipal Act as made applicable by section 474 of the Municipal Act, 2001, under subsections 364 (22) and 365.2 (16) of the Municipal Act, 2001 and under subsections 331 (22) and 334 (14) of the City of Toronto Act, 2006,

C. the total of all amounts, if any, paid to the board in respect of the 2009 calendar year under subsections 353 (4), (4.1) and 366 (3) of the Municipal Act, 2001, or under subsections 318 (4), (4.1) and 336 (3) of the City of Toronto Act, 2006,

D. Revoked: O. Reg. 153/09, s. 2 (2).

E. the payments in lieu of taxes distributed to the board in respect of the 2009 calendar year under subsection 322 (1) of the Municipal Act, 2001, or under subsection 284 (1) of the City of Toronto Act, 2006,

F. the grants, if any, made to the board in respect of the 2009 calendar year under subsection 302 (2) of the Municipal Act, 2001, or under subsection 238 (2) of the City of Toronto Act, 2006, and

G. Revoked: O. Reg. 153/09, s. 2 (4).

H. the amounts, if any, paid to the board in respect of the 2009 calendar year under subsections 9 (2) and (4) of the Tax Incentive Zones Act (Pilot Projects), 2002,

iii. the total of the taxes received by the board in respect of the 2008 calendar year under section 35 of the Assessment Act,

iv. Revoked: O. Reg. 293/08, s. 1 (1).

v. the total of the amounts, if any, paid to the board in the fiscal year under clause 3 (1) (a) of Ontario Regulation 366/98 (Tax Arrears in Annexed Areas) made under the Act.

2. Calculate the difference between the following amounts and deduct that difference if the amount described in subparagraph i is less than the amount described in subparagraph ii or add that difference if the amount described in subparagraph i is more than the amount described in subparagraph ii:

i. The amount that was determined under subparagraph 1 ii of subsection 14 (1) of the 2007-2008 grant regulation for the purposes of calculating the amount payable to the board as legislative grant in respect of the 2007-2008 school board fiscal year.

ii. The amount that would have been determined under subparagraph 1 ii of subsection 14 (1) of the 2007-2008 grant regulation if that amount had been determined on the basis of the board’s annual financial statements as reported to the Ministry for the 2007-2008 school board fiscal year.

3. If the board is required to levy taxes for school purposes in respect of property in territory without municipal organization, deduct the sum of,

i. the total of the amounts calculated in respect of the board under subparagraphs 3 i, ii and iii of subsection 14 (1) of the 2007-2008 grant regulation, and

ii. the amount owing to the board as of December 31, 2008 on account of taxes levied for school purposes before that date.

4. Deduct the costs for which the board is responsible under the Municipal Elections Act, 1996 that are incurred in the fiscal year to conduct elections of members in territory without municipal organization that is deemed to be a district municipality for the purposes of clause 257.12 (3) (a) of the Education Act.

5. Deduct the amounts charged to the board in the 2008 calendar year by a municipal council under section 353 of the Municipal Act, 2001, or under section 318 of the City of Toronto Act, 2006, including amounts charged under that section as a result of private legislation.

6. Deduct the total of the amounts rebated, paid or credited by the board under sections 257.2.1 and 257.12.3 of the Act in the fiscal year.

7. Deduct 38 per cent of the total of the amounts, if any, paid by the board in respect of the 2008 calendar year under paragraph 3 of subsection 7 (4) of Ontario Regulation 3/02 and under subsections 361 (7), 364 (11), 365 (3), 365.1 (13) to (15) and 365.2 (8) of the Municipal Act, 2001 or under subsections 329 (6), 331 (11), 332 (2), 333 (14) and 334 (6) of the City of Toronto Act, 2006.

8. Deduct 62 per cent of the total of the amounts, if any, paid by the board in respect of the 2009 calendar year under paragraph 3 of subsection 7 (4) of Ontario Regulation 3/02 and under subsections 361 (7), 364 (11), 365 (3), 365.1 (13) to (15) and 365.2 (8) of the Municipal Act, 2001 or under subsections 329 (6), 331 (11), 332 (2), 333 (14) and 334 (6) of the City of Toronto Act, 2006. O. Reg. 85/08, s. 14 (1); O. Reg. 293/08, s. 1; O. Reg. 153/09, s. 2.

(2) For the purposes of determining the amount of a district school board’s 2008-2009 tax revenue, the following rules apply:

1. All amounts, if any, paid by the Minister to the board in respect of the 2008 calendar year under sections 257.10.1 and 257.11 of the Act are deemed to be amounts distributed to the board in respect of the 2008 calendar year under a provision of the Act referred to in sub-subparagraph 1 i A of subsection (1).

2. All amounts, if any, paid by the Minister to the board in respect of the 2009 calendar year under section 257.11 of the Act are deemed to be amounts distributed to the board in respect of the 2009 calendar year under a provision of the Act referred to in sub-subparagraph 1 ii A of subsection (1). O. Reg. 85/08, s. 14 (2).

Pupil foundation allocation

15. The amount of the pupil foundation allocation for a district school board for the fiscal year is the sum of the following amounts:

1. The amount determined by multiplying the 2008-2009 day school average daily enrolment of elementary school pupils of the board by $4,118.40.

2. The amount determined by multiplying the 2008-2009 day school average daily enrolment of secondary school pupils of the board by $5,277.94. O. Reg. 85/08, s. 15; O. Reg. 293/08, s. 2; O. Reg. 416/08, s. 3.

School foundation allocation

16. (1) The amount of the school foundation allocation for a district school board for the fiscal year is the sum of the following amounts:

1. The principals amount determined under subsection (4).

2. The vice-principals amount determined under subsection (5).

3. The school secretaries amount determined under subsection (6).

4. The school supplies amount determined under subsection (7). O. Reg. 85/08, s. 16 (1).

(2) For the purposes of this section,

“2008-2009 enrolment” means, in respect of a qualifying sole elementary school or qualifying sole secondary school of the board, the 2008-2009 day school average daily enrolment of pupils of the board, counting only pupils enrolled in the school; (“effectif de 2008-2009”)

“2008-2009 combined enrolment” means, in respect of a qualifying combined school of a board, the 2008-2009 day school average daily enrolment of pupils of the board, counting only pupils enrolled in schools that are part of the qualifying combined school. (“effectif combiné de 2008-2009”) O. Reg. 85/08, s. 16 (2).

(3) For the purposes of this section, the following rules determine whether a school is a qualifying sole elementary school, a qualifying sole secondary school or a part of a qualifying combined school:

1. A school of the board is a qualifying elementary or secondary school of the board if it has been identified as an elementary or secondary school in accordance with the Instruction Guide, which is available as described in subsection 3 (1), and it has a 2008-2009 enrolment of one or more.

2. If one or more qualifying elementary schools of the board and one or more qualifying secondary schools of the board are located on the same school site, the schools make up a qualifying combined school of the board.

3. Any qualifying school that is not part of a qualifying combined school is a qualifying sole elementary school or a qualifying sole secondary school, as the case may be.

4. Despite paragraph 3, two or more qualifying sole elementary schools of the board shall be treated as if they were one qualifying sole elementary school if,

i. the board reported the schools together as one school in its school reports submitted to the Ministry in respect of the 2008-2009 school year, or

ii. the schools are all located on the same school site.

5. Despite paragraph 3, two or more qualifying sole secondary schools of the board shall be treated as if they were one qualifying sole secondary school if,

i. the board reported the schools together as one school in its school reports submitted to the Ministry in respect of the 2008-2009 school year, or

ii. the schools are all located on the same school site. O. Reg. 85/08, s. 16 (3).

(4) The principals amount is determined as follows:

1. Multiply the number of qualifying sole elementary schools of the board for which the 2008-2009 enrolment is 50 or less, by $57,659.23.

2. Multiply the number of qualifying sole elementary schools of the board for which the 2008-2009 enrolment is greater than 50, by $115,318.47.

3. Total the following numbers:

i. The number of qualifying sole secondary schools of the board for which the 2008-2009 enrolment is greater than 50.

ii. The number of qualifying combined schools of the board for which the 2008-2009 combined enrolment is greater than 50.

iii. The number of qualifying combined schools of the board for which,

A. the sum of the 2008-2009 enrolments of the qualifying elementary schools that form part of the qualifying combined school is greater than 300, and

B. the sum of the 2008-2009 enrolments of the qualifying secondary schools that form part of the qualifying combined school is greater than 500.

4. Multiply the number determined under paragraph 3 by $125,764.09.

5. Add the number of qualifying sole secondary schools of the board for which the 2008-2009 enrolment is 50 or less to the number of qualifying combined schools of the board for which the 2008-2009 combined enrolment is 50 or less.

6. Multiply the number determined under paragraph 5 by $62,882.04.

7. Total the amounts determined under paragraphs 1, 2, 4 and 6. O. Reg. 85/08, s. 16 (4); O. Reg. 293/08, s. 3 (1-4); O. Reg. 416/08, s. 4 (1-4).

(5) The vice-principals amount is determined as follows:

1. For each qualifying sole elementary school of the board for which the 2008-2009 enrolment is less than 500, calculate a number as follows:

(A – 250) × 0.003

in which,

“A” is the 2008-2009 enrolment of the school.

2. If the product determined under paragraph 1 is a negative number, it is deemed to be zero.

3. Total the numbers determined under paragraph 1 for the qualifying sole elementary schools of the board.

4. For each qualifying sole elementary school of the board for which the 2008-2009 enrolment is 500 or more but less than 1,000, calculate a number as follows:

0.75 + ((A – 500) × 0.0025)

in which,

“A” is the 2008-2009 enrolment of the school.

5. Total the numbers determined under paragraph 4 for the qualifying sole elementary schools of the board.

6. Multiply 2 by the number of qualifying sole elementary schools of the board for which the 2008-2009 enrolment is 1,000 or more.

7. Total the numbers determined under paragraphs 3, 5 and 6.

8. Multiply the number determined under paragraph 7 by $109,229.08.

9. For each qualifying sole secondary school of the board or qualifying combined school of the board for which the 2008-2009 enrolment or the 2008-2009 combined enrolment, as the case may be, is less than 500, calculate a number as follows:

(A – 100) × 0.0025

in which,

“A” is the 2008-2009 enrolment or the 2008-2009 combined enrolment of the school, as the case may be.

10. If the product determined under paragraph 9 is a negative number, it is deemed to be zero.

11. Total the numbers determined under paragraph 9 for the qualifying sole secondary schools of the board and the qualifying combined schools of the board.

12. For each qualifying sole secondary school of the board or qualifying combined school of the board for which the 2008-2009 enrolment or the 2008-2009 combined enrolment, as the case may be, is 500 or more but less than 1,500, calculate a number as follows:

1 + ((A – 500) × 0.0020)

in which,

“A” is the 2008-2009 enrolment or the 2008-2009 combined enrolment of the school, as the case may be.

13. Total the numbers determined under paragraph 12 for the qualifying sole secondary schools of the board and the qualifying combined schools of the board.

14. For each qualifying sole secondary school of the board or qualifying combined school of the board for which the 2008-2009 enrolment or the 2008-2009 combined enrolment, as the case may be, is 1,500 or more, calculate a number as follows:

3 + ((A – 1,500) × 0.0010)

in which,

“A” is the 2008-2009 enrolment or the 2008-2009 combined enrolment of the school, as the case may be.

15. Total the numbers determined under paragraph 14 for the qualifying sole secondary schools of the board and the qualifying combined schools of the board.

16. Total the numbers determined under paragraphs 11, 13 and 15.

17. Multiply the number determined under paragraph 16 by $115,234.03.

18. Total the amounts determined under paragraphs 8 and 17. O. Reg. 85/08, s. 16 (5); O. Reg. 293/08, s. 3 (5, 6); O. Reg. 416/08, s. 4 (5, 6).

(6) The school secretaries amount is determined as follows:

1. Determine the number of qualifying sole elementary schools of the board for which the 2008-2009 enrolment is less than 100.

2. For each qualifying sole elementary school of the board for which the 2008-2009 enrolment is 100 or more but less than 300, calculate a number as follows:

1 + ((A – 100) × 0.00125)

in which,

“A” is the 2008-2009 enrolment of the school.

3. Total the numbers determined under paragraph 2 for the qualifying sole elementary schools of the board.

4. For each qualifying sole elementary school of the board for which the 2008-2009 enrolment is 300 or more but less than 500, calculate a number as follows:

1.25 + ((A – 300) × 0.0025)

in which,

“A” is the 2008-2009 enrolment of the school.

5. Total the numbers determined under paragraph 4 for the qualifying sole elementary schools of the board.

6. For each qualifying sole elementary school of the board for which the 2008-2009 enrolment is 500 or more, calculate a number as follows:

1.75 + ((A – 500) × 0.0035)

in which,

“A” is the 2008-2009 enrolment of the school.

7. Total the numbers determined under paragraph 6 for the qualifying sole elementary schools of the board.

8. Total the numbers determined under paragraphs 1, 3, 5 and 7.

9. Multiply the number determined under paragraph 8 by $47,442.55.

10. Total the number of qualifying sole secondary schools of the board for which the 2008-2009 enrolment is less than 100 and the number of qualifying combined schools of the board for which the 2008-2009 combined enrolment is less than 100.

11. For each qualifying sole secondary school of the board or qualifying combined school of the board for which the 2008-2009 enrolment or the 2008-2009 combined enrolment, as the case may be, is 100 or more but less than 500, calculate a number as follows:

1 + ((A – 100) × 0.003125)

in which,

“A” is the 2008-2009 enrolment or the 2008-2009 combined enrolment of the school, as the case may be.

12. Total the numbers determined under paragraph 11 for the qualifying sole secondary schools of the board and the qualifying combined schools of the board.

13. For each qualifying sole secondary school of the board or qualifying combined school of the board for which the 2008-2009 enrolment or the 2008-2009 combined enrolment, as the case may be, is 500 or more but less than 1,000, calculate a number as follows:

2.25 + ((A – 500) × 0.0055)

in which,

“A” is the 2008-2009 enrolment or the 2008-2009 combined enrolment of the school, as the case may be.

14. Total the numbers determined under paragraph 13 for the qualifying sole secondary schools of the board and the qualifying combined schools of the board.

15. For each qualifying sole secondary school of the board or qualifying combined school of the board for which the 2008-2009 enrolment or the 2008-2009 combined enrolment, as the case may be, is 1,000 or more, calculate a number as follows:

5 + ((A – 1,000) × 0.0040)

in which,

“A” is the 2008-2009 enrolment or the 2008-2009 combined enrolment of the school, as the case may be.

16. Total the numbers determined under paragraph 15 for the qualifying sole secondary schools of the board and the qualifying combined schools of the board.

17. Total the numbers determined in respect of the board under paragraphs 10, 12, 14 and 16.

18. Multiply the number determined under paragraph 17 by $49,977.54.

19. Total the amounts determined under paragraphs 9 and 18. O. Reg. 85/08, s. 16 (6); O. Reg. 293/08, s. 3 (7, 8); O. Reg. 416/08, s. 4 (7, 8).

(7) The school supplies amount is determined as follows:

1. Multiply the number of qualifying sole elementary schools of the board by $2,070.50.

2. Total the 2008-2009 enrolments of the qualifying sole elementary schools of the board.

3. Multiply the number determined under paragraph 2 by $6.06.

4. Total the amounts determined under paragraphs 1 and 3.

5. Multiply the number of qualifying sole secondary schools of the board by $3,080.50.

6. Total the 2008-2009 enrolments of the qualifying sole secondary schools of the board.

7. Multiply the number determined under paragraph 6 by $7.07.

8. Total the amounts determined under paragraphs 5 and 7.

9. Multiply the number of qualifying combined schools of the board by $3,080.50.

10. Total the 2008-2009 combined enrolments of the qualifying combined schools of the board.

11. Multiply the number determined under paragraph 10 by $7.07.

12. Total the amounts determined under paragraphs 9 and 11.

13. Total the amounts determined under paragraphs 4, 8 and 12. O. Reg. 85/08, s. 16 (7); O. Reg. 293/08, s. 3 (9-11).

Primary class size allocation

17. (1) The amount of the primary class size allocation for a district school board for the fiscal year is the amount determined by multiplying $823.38 by the 2008-2009 day school average daily enrolment of elementary school pupils of the board, counting only pupils enrolled in junior kindergarten, kindergarten and grades 1 to 3. O. Reg. 85/08, s. 17 (1); O. Reg. 293/08, s. 4; O. Reg. 416/08, s. 5.

(2) It is a condition of payment of a grant to the board under this Regulation that,

(a) the board submit a plan by June 30, 2008, setting out how the board plans to provide instruction to elementary school pupils of the board in the 2008-2009 school board fiscal year; and

(b) the board submit a report by October 31, 2008, setting out, based on the enrolment of the board on a date not earlier than September 2, 2008 and not later than September 30, 2008, how the board is providing instruction to elementary school pupils of the board in the 2008-2009 school board fiscal year. O. Reg. 85/08, s. 17 (2).

(3) The Minister may withhold all or part of the grant otherwise payable to a district school board under the Act if,

(a) the board does not meet a condition set out in subsection (2), or

(b) either the plan or the report described in subsection (2) indicates that the classes in the schools of the board, other than self-contained classes for exceptional pupils, do not meet the following criteria:

(i) At least 90 per cent of classes in schools of the board that have only pupils in the primary division have 20 or fewer pupils.

(ii) If a class in a school of the board has any pupils in the primary division, the class has 23 or fewer pupils.

(iii) If a class in a school of the board has any pupils in the junior division or in the first two years of the intermediate division, the class size, on average, does not exceed the greater of,

(A) the average number of pupils that were in that type of class in the 2003-2004 school year, and

(B) 25 pupils. O. Reg. 85/08, s. 17 (3).

Special education allocation

18. The amount of the special education allocation for a district school board for the fiscal year is the total of the following amounts:

1. The enrolment-based special education amount for the board for the fiscal year as determined under section 19.

2. The special equipment claim for the board for the fiscal year as determined under subsection 20 (2).

3. The high needs amount for the board for the fiscal year as determined under section 21.

4. The special incidence claim for the board for the fiscal year as determined under subsection 22 (2).

5. The facilities amount for the board for the fiscal year as determined under section 23. O. Reg. 85/08, s. 18.

Enrolment-based special education amount

19. The enrolment-based special education amount for a board for the fiscal year is determined as follows:

1. Multiply the 2008-2009 day school average daily enrolment of elementary school pupils of the board, counting only pupils enrolled in junior kindergarten, kindergarten and grades 1 to 3, by $719.13 to determine the enrolment-based special education amount for junior kindergarten to grade 3.

2. Multiply the 2008-2009 day school average daily enrolment of elementary school pupils of the board, counting only pupils enrolled in grades 4 to 8, by $553.59 to determine the enrolment-based special education amount for grades 4 to 8.

3. Multiply the 2008-2009 day school average daily enrolment of secondary school pupils of the board by $365.41 to determine the enrolment-based special education amount for secondary schools.

4. Total the amounts determined under paragraphs 1, 2 and 3 to determine the board’s enrolment-based special education amount for the fiscal year. O. Reg. 85/08, s. 19; O. Reg. 293/08, s. 5; O. Reg. 416/08, s. 6.

Special equipment

20. (1) For the purposes of subsection (2), a special equipment claim for a pupil of a district school board is an approved claim if,

(a) the pupil meets the eligibility criteria for special equipment set out in the document entitled “Special Education Funding Guidelines: Special Equipment Amount (SEA) and Special Incidence Portion (SIP) 2008-09”, which is available as described in subsection 3 (2); and

(b) the board has made a claim for the fiscal year for expenditures in excess of $800 for special equipment for the pupil, in accordance with the publication mentioned in clause (a), and the Minister has approved the claim. O. Reg. 85/08, s. 20 (1).

(2) The special equipment claim for a board for the fiscal year is the sum of all approved special equipment claims for pupils of the board, after any adjustment required under section 24. O. Reg. 85/08, s. 20 (2).

High needs amount

21. The high needs amount for a board is the greater of,

(a) the amount determined by multiplying the 2008-2009 day school average daily enrolment of pupils of the board by the amount set out in Column 2 of Table 1 opposite the name of the board; and

(b) the amount determined for the board under section 21 of the 2007-2008 grant regulation. O. Reg. 85/08, s. 21.

Special incidence

22. (1) A special incidence claim for a pupil of a board is an approved special incidence claim for the pupil if,

(a) the board has designated the pupil as a pupil requiring special incidence funding in accordance with the document entitled “Special Education Funding Guidelines: Special Equipment Amount (SEA) and Special Incidence Portion (SIP) 2008-09”, which is available as described in subsection 3 (2); and

(b) the board has made a special incidence claim for the pupil for the fiscal year in an amount not exceeding $27,000, in accordance with the publication mentioned in clause (a), and the Minister has approved the claim. O. Reg. 85/08, s. 22 (1).

(2) The special incidence claim for a board for the fiscal year is the sum of all approved special incidence claims for pupils of the board, after any adjustment required under section 24. O. Reg. 85/08, s. 22 (2).

Facilities amount

23. (1) The facilities amount for a board for the fiscal year is determined as follows:

1. For each qualifying education program provided by the board under an agreement with a facility listed in subsection (4), determine the amount for the qualifying education program in accordance with subsection (5).

2. Total the amounts determined under paragraph 1. O. Reg. 85/08, s. 23 (1).

(2) An education program provided by the board under an agreement with a facility listed in subsection (4) is a qualifying education program for the purposes of this section if the following conditions are satisfied:

1. The education program is provided by a teacher employed by the board.

2. No education program is provided by the Province in the facility.

3. The board has entered into a written agreement with the facility and the Minister has approved it on the basis that it satisfies the requirements set out in subsection (3). O. Reg. 85/08, s. 23 (2).

(3) The requirements for the written agreement referred to in paragraph 3 of subsection (2) are as follows:

1. The agreement includes a staffing plan that sets out the number of teachers and teacher assistants to be employed by the board for the purposes of the program.

2. The agreement adequately sets out the responsibilities of the board and the facility.

3. The agreement sets out the number of pupil places in the program. O. Reg. 85/08, s. 23 (3).

(4) The following are facilities for the purposes of this section:

1. A psychiatric facility.

2. An approved charitable institution as defined in the Charitable Institutions Act.

3. An agency approved under subsection 8 (1) of the Child and Family Services Act.

4. A facility designated under the Developmental Services Act.

5. A place of temporary detention, open custody or secure custody continued or established under section 89 of the Child and Family Services Act.

6. A home for special care licensed under the Homes for Special Care Act.

7. A hospital approved by the Minister.

8. A nursing home operated under a licence issued under the Nursing Homes Act.

9. A correctional institution as defined in the Ministry of Correctional Services Act.

10. A place of temporary detention and a youth custody facility under the Youth Criminal Justice Act (Canada).

11. A long-term care home as defined in the Long-Term Care Homes Act, 2007. O. Reg. 85/08, s. 23 (4).

(5) Subject to subsections (6) and (7), the amount for a qualifying education program is determined as follows:

1. Take the lesser of,

i. the expenditure of the board in the fiscal year for salary and employee benefits of teachers employed by the board to provide the program, and

ii. the amount that could be expended by the board in the fiscal year for salary and employee benefits of teachers employed by the board to provide the program under the staffing plan referred to in paragraph 1 of subsection (3).

2. Multiply the number of full-time equivalent teachers employed by the board to provide the program by $2,666. For the purposes of this paragraph, the counting practices usually followed by the board for staffing purposes are to be followed.

3. Take the lesser of,

i. the expenditure of the board in the fiscal year for salary and employee benefits of teacher assistants employed by the board to assist teachers in providing the program, and

ii. the amount that could be expended by the board in the fiscal year for salary and employee benefits of teacher assistants employed by the board under the staffing plan referred to in paragraph 1 of subsection (3).

4. Multiply the number of full-time equivalent teacher assistants employed by the board to assist teachers in providing the program by $1,302. For the purposes of this paragraph, the counting practices usually followed by the board for staffing purposes are to be followed.

5. Determine the expenditure of the board in the fiscal year for the purchase of furniture or equipment for any classroom used in the program. The amount determined for a classroom under this paragraph, added to the total of all amounts received for the classroom under similar provisions of previous legislative grant regulations, shall not exceed $3,523 unless the board obtains the Minister’s approval.

6. Total the amounts determined under paragraphs 1 to 5. O. Reg. 85/08, s. 23 (5).

(6) Despite subsection (5), if the predecessor to a qualifying education program provided by the board was an education program provided by the Ministry in the facility, the amount otherwise determined under this section for a qualifying education program may be increased by an amount determined by the Minister to be appropriate having regard to reasonable costs of the board in connection with program expenditures that were previously made by the Ministry and are not mentioned in subsection (5). O. Reg. 85/08, s. 23 (6).

(7) Despite subsections (5) and (6), the amount otherwise determined under this section for a qualifying education program must be reduced by the amount determined by the Minister to be appropriate having regard to the reasonable costs of the board in connection with the program, if the program,

(a) operates on a smaller scale than was projected in the materials submitted by the board for consideration by the Minister for the purposes of paragraph 3 of subsection (2);

(b) does not operate during the 2008-2009 school year; or

Special education pupil, move to new board

24. (1) Subsection (2) applies if,

(a) special equipment has been purchased in respect of a pupil through a special equipment claim approved for a district school board for the fiscal year or under section 20 of the 2007-2008 grant regulation or a predecessor of that section in the grant regulation for a prior fiscal year and the pupil enrols during the fiscal year in a school that is operated by a different district school board or by a section 68 board; or

(b) a section 68 board has made expenditures to purchase special equipment for a pupil of a district school board and the pupil enrols during the fiscal year in a school operated by a different district school board. O. Reg. 85/08, s. 24 (1).

(2) The special equipment referred to in subsection (1) must move with the pupil to the new board, unless in the opinion of the new board it is not practical to move the equipment. O. Reg. 85/08, s. 24 (2).

(3) Subsection (4) applies if a special equipment claim has been approved for a district school board in respect of a pupil and the pupil enrols during the fiscal year in a school operated by a different district school board. O. Reg. 85/08, s. 24 (3).

(4) Any unspent part of the special equipment claim amount approved in respect of the pupil must be deducted from the amount determined under subsection 20 (2) for the former board and added to the amount determined under subsection 20 (2) for the new board. O. Reg. 85/08, s. 24 (4).

(5) Subsection (6) applies if a pupil,

(a) was a pupil approved for special incidence funding in respect of a district school board; and

(b) enrols in a school operated by a different district school board after the end of the 2007-2008 school year. O. Reg. 85/08, s. 24 (5).

(6) The total amount of the approved special incidence claims for pupils of the board referred to in clause (5) (a) is reduced and the amount of the approved special incidence claims for pupils of the board referred to in clause (5) (b) is increased to the extent, if any, that the Minister considers appropriate having regard to the costs of each board in the fiscal year in connection with providing the pupil’s special education program. O. Reg. 85/08, s. 24 (6).

Language allocation, English-language boards

25. The amount of the language allocation for an English-language district school board for the fiscal year is the sum of,

(a) the French as a second language amount for the board for the fiscal year; and

(b) the ESL/ELD amount for the board for the fiscal year. O. Reg. 85/08, s. 25.

French as a second language amount

26. (1) The French as a second language amount for an English-language district school board for the fiscal year is the sum of,

(a) the French as a second language amount for elementary school pupils of the board; and

(b) the French as a second language amount for secondary school pupils of the board. O. Reg. 85/08, s. 26 (1).

(2) The French as a second language amount for elementary school pupils of a board is determined as follows:

1. Multiply $272.90 by the number of pupils of the board enrolled in any of grades 4 to 8 who are scheduled on October 31, 2008 to take instruction in French for an average of 20 or more minutes but less than 60 minutes per school day.

2. Multiply $310.92 by the number of pupils of the board enrolled in any of grades 4 to 8 who are scheduled on October 31, 2008 to take instruction in French for an average of 60 or more minutes but less than 150 minutes per school day.

3. Multiply $347.82 by the number of pupils of the board enrolled in any of grades 1 to 8 who are scheduled on October 31, 2008 to take instruction in French for an average of 150 or more minutes per school day.

4. Multiply $347.82 by the number of pupils of the board enrolled in junior kindergarten or kindergarten who are scheduled on October 31, 2008 to take instruction in French for an average of 75 minutes or more per school day.

5. Total the amounts determined under paragraphs 1 to 4. O. Reg. 85/08, s. 26 (2); O. Reg. 293/08, s. 6 (1-4); O. Reg. 416/08, s. 7 (1-4).

(3) The French as a second language amount for secondary school pupils of a board is determined as follows:

1. Determine an amount for grades 9 and 10 instruction in the subject of French by multiplying $69.71 by the sum of the amounts determined under the following subparagraphs:

i. Determine the credit value of each grade 9 course and grade 10 course in the subject of French that is taught on a non-semestered basis. Multiply the credit value by the number of pupils of the board enrolled in the course on October 31, 2008, excluding pupils who are at least 21 years of age on December 31, 2008.

ii. Determine the credit value of each grade 9 course and grade 10 course in the subject of French that is taught on a semestered basis. Multiply the credit value by the total of the number of pupils of the board enrolled in the course on October 31, 2008 and the number of pupils of the board enrolled in the course on March 31, 2009, excluding pupils who are at least 21 years of age on December 31, 2008.

2. Determine an amount for grades 9 and 10 instruction in a subject other than French if the language of instruction is French by multiplying $114.68 by the sum of the amounts determined under the following subparagraphs:

i. Determine the credit value of each grade 9 course and grade 10 course in a subject other than French that is taught in French on a non-semestered basis. Multiply the credit value by the number of pupils of the board enrolled in the course on October 31, 2008, excluding pupils who are at least 21 years of age on December 31, 2008.

ii. Determine the credit value of each grade 9 course and grade 10 course in a subject other than French that is taught in French on a semestered basis. Multiply the credit value by the total of the number of pupils of the board enrolled in the course on October 31, 2008 and the number of the pupils of the board enrolled in the course on March 31, 2009, excluding pupils who are at least 21 years of age on December 31, 2008.

3. Determine an amount for grades 11 and 12 instruction in the subject of French by multiplying $92.19 by the sum of the amounts determined under the following subparagraphs:

i. Determine the credit value of each grade 11 course and grade 12 course in the subject of French that is taught on a non-semestered basis. Multiply the credit value by the number of pupils of the board enrolled in the course on October 31, 2008, excluding pupils who are at least 21 years of age on December 31, 2008.

ii. Determine the credit value of each grade 11 course and grade 12 course in the subject of French that is taught on a semestered basis. Multiply the credit value by the total of the number of pupils of the board enrolled in the course on October 31, 2008 and the number of the pupils of the board enrolled in the course on March 31, 2009, excluding pupils who are at least 21 years of age on December 31, 2008.

4. Determine an amount for grades 11 and 12 instruction in a subject other than French if the language of instruction is French by multiplying $178.78 by the sum of the amounts determined under the following subparagraphs:

i. Determine the credit value of each grade 11 course and grade 12 course in a subject other than French that is taught in French on a non-semestered basis. Multiply the credit value by the number of pupils of the board enrolled in the course on October 31, 2008, excluding pupils who are at least 21 years of age on December 31, 2008.

ii. Determine the credit value of each grade 11 course and grade 12 course in a subject other than French that is taught in French on a semestered basis. Multiply the credit value by the total of the number of pupils of the board enrolled in the course on October 31, 2008 and the number of pupils of the board enrolled in the course on March 31, 2009, excluding pupils who are at least 21 years of age on December 31, 2008.

5. Total the amounts determined under paragraphs 1 to 4. O. Reg. 85/08, s. 26 (3); O. Reg. 293/08, s. 6 (5-8); O. Reg. 416/08, s. 7 (5-8).

(4) In this section,

“course” means a course at the secondary level that is assigned a common course code in the list of common course codes, which is available as described in subsection 3 (3); (“cours”)

“credit value” means, in respect of a course in which a pupil is enrolled, the number of credits that the pupil is eligible to earn on successfully completing the course; (“valeur en crédits”)

“instruction in French” means instruction in the subject of French or instruction in any other subject if the language of instruction is French. (“enseignement en français”) O. Reg. 85/08, s. 26 (4).

ESL/ELD amount

27. (1) The ESL/ELD amount for an English-language district school board for the fiscal year is the sum of the ESL/ELD amount for elementary school pupils of the board, the ESL/ELD amount for secondary school pupils of the board and the amount set out for the board in Table 2. O. Reg. 349/09, s. 4.

(2) Despite subsection (1), if the Toronto District School Board is a non-qualifying OSSTF board within the meaning of subsection 7 (7), then the ESL/ELD amount for the board is the sum of the ESL/ELD amount for elementary school pupils of the board, the ESL/ELD amount for secondary school pupils of the board and $9,934,596. O. Reg. 349/09, s. 4.

(3) The ESL/ELD amount for elementary school pupils of the board is the product determined by multiplying $3,576 by the sum of,

(a) the number of elementary school pupils of the board, as of October 31, 2008,