Ontario Regulations 6/12/00 > School Councils
Ontario Regulation 6/12/00 confirms the advisory role of school councils and clearly states that their purpose is to improve student achievement and enhance the accountability of the education system to parents. This regulation also clarifies the role of school councils and establishes their right to express their views on any issues that are important to them.
NOTE: Regulation 612/00 was filed on 23 November 2000, and became effective immediately. This regulation for school councils replaced Policy and Program Memorandum (P/PM) 122, thereby revoking (P/PM) 122.
ONTARIO REGULATION 612/00
SCHOOL COUNCILS
Interpretation
1. (1) In this Regulation,
"meeting" does not include a training session or other event where a school
council does not discuss or decide matters that it has authority to decide;
"parent" includes a guardian as defined in section 1 of the Act;
"parent member" means a member of a school council who is elected to the
council in accordance with section 4 or who fills a vacancy created when a
parent member ceases to hold office. O. Reg. 612/00, s. 1 (1).
(2) In the case of a school that is established primarily for adults, a reference in
this Regulation to a parent or to a parent of a pupil shall be deemed, with
necessary modifications, to be a reference to a pupil who is enrolled in the
school. O. Reg. 612/00, s. 1 (2).
Purpose
2. (1) The purpose of school councils is, through the active participation of parents, to
improve pupil achievement and to enhance the accountability of the education
system to parents. O. Reg. 612/00, s. 2 (1).
(2) A school council's primary means of achieving its purpose is by making
recommendations in accordance with this Regulation to the principal of the
school and the board that established the council. O. Reg. 612/00, s. 2 (2).
Composition
3. (1) A school council for a school shall be composed of the following people:
1. The number of parent members determined under subsection (2).
2. The principal of the school.
3. One teacher who is employed at the school, other than the principal or
vice-principal, elected in accordance with section 5.
4. One person who is employed at the school, other than the principal, viceprincipal
or any other teacher, elected in accordance with section 5.
5. In the case of a school with one or more secondary school grades,
i. one pupil enrolled in the school who is appointed by the student
council, if the school has a student council, or
ii. one pupil enrolled in the school who is elected in accordance with
section 5, if the school does not have a student council.
6. In the case of a school with no secondary school grades, one pupil
enrolled in the school who is appointed by the principal of the school, if
the principal determines, after consulting the other members of the
school council, that the council should include a pupil.
7. Subject to subsection (3), one community representative appointed by
the other members of the council.
8. One person appointed by an association that is a member of the Ontario
Federation of Home and School Associations, the Ontario Association of
Parents in Catholic Education or Parent Partenaires en Education, if the
association that is a member of the Ontario Federation of Home and
School Associations, the Ontario Association of Parents in Catholic
Education or Parent Partenaires en Education is established in respect of
the school. O. Reg. 612/00, s. 3 (1).
(2) For the purposes of paragraph 1 of subsection (1), the number of parent
members shall be determined as follows:
1. If the school council has a by-law that specifies the number of parent
members, the number specified in the by-law.
2. If the school council does not have a by-law that specifies the number of
parent members, the number specified by the board that established the
council. O. Reg. 612/00, s. 3 (2).
(3) A school council may specify by by-law that the council shall include two or
more community representatives, appointed by the other members of the
council. O. Reg. 612/00, s. 3 (3).
(4) In specifying numbers under subsections (2) and (3), the board or the school
council, as the case may be, shall ensure that parent members constitute a
majority of the members of the school council. O. Reg. 612/00, s. 3 (4).
(5) A person who is employed by the board that established a school council
cannot be appointed as a community representative on the council unless,
(a) he or she is not employed at the school; and
(b) the other members of the school council are informed of the person's
employment before the appointment. O. Reg. 612/00, s. 3 (5).
(6) A member of a board cannot be a member of a school council established by
the board. O. Reg. 612/00, s. 3 (6).
(7) Paragraphs 5 and 6 of subsection (1) do not apply in respect of a school that is
established primarily for adults. O. Reg. 612/00, s. 3 (7).
Election of Parent Members
4. (1) A person is qualified to be a parent member of a school council if he or she is a
parent of a pupil who is enrolled in the school. O. Reg. 612/00, s. 4 (1).
(2) Despite subsection (1), a person is not qualified to be a parent member of a
school council if,
(a) he or she is employed at the school; or
(b) he or she is not employed at the school but is employed elsewhere by
the board that established the council, unless he or she takes reasonable
steps to inform people qualified to vote in the election of parent members
of that employment. O. Reg. 612/00, s. 4 (2).
(3) A person is qualified to vote in an election of parent members of a school
council if he or she is a parent of a pupil who is enrolled in the school. O. Reg.
612/00, s. 4 (3).
(4) An election of parent members of a school council shall be held during the first
30 days of each school year, on a date that is fixed by the chair or co-chairs of
the school council after consulting with the principal of the school. O. Reg.
612/00, s. 4 (4).
(5) Despite subsection (4), if a new school is established, the first election of
parent members to the school council shall be held during the first 30 days of
the school year, on a date that is fixed by the board that established the school
council. O. Reg. 612/00, s. 4 (5).
(6) The principal of a school shall, at least 14 days before the date of the election
of parent members, on behalf of the school council, give written notice of the
date, time and location of the election to every parent of a pupil who, on the
date the notice is given, is enrolled in the school. O. Reg. 612/00, s. 4 (6).
(7) The notice required by subsection (6) may be given by,
(a) giving the notice to the parent's child for delivery to his or her parent; and
(b) posting the notice in the school in a location that is accessible to parents.
O. Reg. 612/00, s. 4 (7).
(8) The election of parent members shall be by secret ballot. O. Reg. 612/00, s. 4
(8).
Other Elections
5. (1) The elections of members of school councils referred to in paragraph 3,
paragraph 4 and subparagraph 5 ii of subsection 3 (1) shall be held during the
first 30 days of each school year. O. Reg. 612/00, s. 5 (1).
(2) A person is qualified to vote in an election of a member of a school council
referred to in paragraph 3 of subsection 3 (1) if he or she is a teacher, other
than the principal or vice-principal, who is employed at the school. O. Reg.
612/00, s. 5 (2).
(3) A person is qualified to vote in an election of a member of a school council
referred to in paragraph 4 of subsection 3 (1) if he or she is a person, other
than the principal, vice-principal or any other teacher, who is employed at the
school. O. Reg. 612/00, s. 5 (3).
(4) A person is qualified to vote in an election of a member of a school council
referred to in subparagraph 5 ii of subsection 3 (1) if he or she is a pupil
enrolled in the school. O. Reg. 612/00, s. 5 (4).
Term of Office
6. (1) A person elected or appointed as a member of a school council holds office
from the later of,
(a) the date he or she is elected or appointed; and
(b) the date of the first meeting of the school council after the elections held
under sections 4 and 5 in the school year,
until the date of the first meeting of the school council after the elections held
under sections 4 and 5 in the next school year. O. Reg. 612/00, s. 6 (1).
(2) A member of a school council may be re-elected or reappointed, unless
otherwise provided by the by-laws of the council. O. Reg. 612/00, s. 6 (2).
Vacancies
7. (1) A vacancy in the membership of a school council shall be filled by election or
appointment in accordance with the by-laws of the council. O. Reg. 612/00, s. 7
(1).
(2) If an election is held to fill a vacancy in the membership of a school council,
section 4 or 5, as the case may be, applies, with necessary modifications, to
the election. O. Reg. 612/00, s. 7 (2).
(3) A vacancy in the membership of a school council does not prevent the council
from exercising its authority. O. Reg. 612/00, s. 7 (3).
Officers
8. (1) A school council shall have a chair or, if the by-laws of the council so provide,
two co-chairs. O. Reg. 612/00, s. 8 (1).
(2) A chair or co-chair of a school council must be a parent member of the council,
and shall be elected by the members of the council. O. Reg. 612/00, s. 8 (2).
(3) A person who is employed by the board that established the council cannot be
the chair or co-chair of the council. O. Reg. 612/00, s. 8 (3).
(4) A school council may have such other officers as are provided for in the bylaws
of the council. O. Reg. 612/00, s. 8 (4).
(5) Subject to subsections (2) and (3), vacancies in the office of chair, co-chair or
any other officer of a school council shall be filled in accordance with the bylaws
of the council. O. Reg. 612/00, s. 8 (5).
Collection of Information
9. (1) The Ministry may, for the purpose of consulting and communicating directly
with members of school councils, collect the names, mailing addresses,
telephone numbers and e-mail addresses of the chair or co-chairs of a school
council and of the other members of the council. O. Reg. 612/00, s. 9 (1).
(2) The Ministry may disclose information collected under subsection (1) to the
Ontario Parent Council, which may use the information for the purpose of
consulting and communicating directly with members of school councils. O.
Reg. 612/00, s. 9 (2).
Ministry Powers and Duties
10. (1) As part of its accountability to parents, the Ministry shall report annually to
members of school councils on education in the province. O. Reg. 612/00, s.
10 (1).
(2) The Ministry may,
(a) make other reports to members of school councils; and
(b) provide information to members of school councils respecting the roles
and responsibilities of school councils. O. Reg. 612/00, s. 10 (2).
Remuneration
11. (1) A person shall not receive any remuneration for serving as a member or officer
of a school council. O. Reg. 612/00, s. 11 (1).
(2) Every board shall establish policies respecting the reimbursement of members
and officers of school councils established by the board. O. Reg. 612/00, s. 11
(2).
(3) The board that established a school council shall reimburse members and
officers of the council, in accordance with the policies referred to in subsection
(2), for expenses they incur as members or officers of the council. O. Reg.
612/00, s. 11 (3).
Meetings
12. (1) A school council shall meet at least four times during the school year. O. Reg.
612/00, s. 12 (1).
(2) A school council shall meet within the first 35 days of the school year, after the
elections held under sections 4 and 5, on a date fixed by the principal of the
school. O. Reg. 612/00, s. 12 (2).
(3) A meeting of a school council cannot be held unless,
(a) a majority of the current members of the council are present at the
meeting; and
(b) a majority of the members of the council who are present at the meeting
are parent members. O. Reg. 612/00, s. 12 (3).
(4) All meetings of a school council shall be open to the public. O. Reg. 612/00, s.
12 (4).
(5) A school council is entitled to hold its meetings at the school. O. Reg. 612/00,
s. 12 (5).
(6) All meetings of a school council shall be held at a location that is accessible to
the public. O. Reg. 612/00, s. 12 (6).
(7) The principal of a school shall, on behalf of the school council, give written
notice of the dates, times and locations of the meetings of the council to every
parent of a pupil who, on the date the notice is given, is enrolled in the school.
O. Reg. 612/00, s. 12 (7).
(8) The notice required by subsection (7) may be given by,
(a) giving the notice to the parent's child for delivery to his or her parent; and
(b) posting the notice in the school in a location that is accessible to parents.
O. Reg. 612/00, s. 12 (8).
Committees
13. (1) A school council may, in accordance with its by-laws, establish committees to
make recommendations to the council. O. Reg. 612/00, s. 13 (1).
(2) Every committee of a school council must include at least one parent member
of the council. O. Reg. 612/00, s. 13 (2).
(3) A committee of a school council may include persons who are not members of
the council. O. Reg. 612/00, s. 13 (3).
(4) Subsections 12 (4) to (8) apply, with necessary modifications, to committees of
school councils. O. Reg. 612/00, s. 13 (4).
Voting
14. (1) Subject to subsection (3), each member of a school council is entitled to one
vote in votes taken by the council. O. Reg. 612/00, s. 14 (1).
(2) Subject to subsection (3), each member of a committee of a school council is
entitled to one vote in votes taken by the committee. O. Reg. 612/00, s. 14 (2).
(3) The principal of the school is not entitled to vote in votes taken by the school
council or by a committee of the school council. O. Reg. 612/00, s. 14 (3).
By-laws
15. (1) A school council may make by-laws governing the conduct of its affairs. O.
Reg. 612/00, s. 15 (1).
(2) Every school council shall make the following by-laws:
1. A by-law that governs election procedures and the filling of vacancies in
the membership of the school council.
2. A by-law that establishes rules respecting participation in school council
proceedings in cases of conflict of interest.
3. A by-law that, in accordance with any applicable policies established by
the board that established the council, establishes a conflict resolution
process for internal school council disputes. O. Reg. 612/00, s. 15 (2).
Minutes and Financial Records
16. (1) A school council shall keep minutes of all of its meetings and records of all of
its financial transactions. O. Reg. 612/00, s. 16 (1).
(2) The minutes and records shall be available at the school for examination
without charge by any person. O. Reg. 612/00, s. 16 (2).
(3) Subsections (1) and (2) do not apply to minutes and records that are more than
four years old. O. Reg. 612/00, s. 16 (3).
Incorporation
17. A school council shall not be incorporated. O. Reg. 612/00, s. 17.
Principal
18. (1) The principal of a school may delegate any of his or her powers or duties as a
member of the school council, including any powers or duties under this
Regulation, to a vice-principal of the school. O. Reg. 612/00, s. 18 (1).
(2) In addition to his or her duties under this Regulation, the principal of a school
shall perform the duties relating to school councils that are imposed on the
principal by Regulation 298 of the Revised Regulations of Ontario, 1990
(Operation of Schools - General). O. Reg. 612/00, s. 18 (2).
Consultation by Board
19. (1) In addition to its other obligations to solicit the views of school councils under
the Act, every board shall solicit the views of the school councils established by
the board with respect to the following matters:
1. The establishment or amendment of board policies and guidelines that
relate to pupil achievement or to the accountability of the education
system to parents, including,
i. policies and guidelines established under subsection 302 (1) of the
Act with respect to the conduct of persons in schools within the
board's jurisdiction,
ii. policies and guidelines established under subsection 302 (5) of the
Act respecting appropriate dress for pupils in schools within the
board's jurisdiction,
iii. policies and guidelines respecting the allocation of funding by the
board to school councils,
iv. policies and guidelines respecting the fundraising activities of school
councils,
v. policies and guidelines respecting conflict resolution processes for
internal school council disputes, and
vi. policies and guidelines respecting reimbursement by the board of
expenses incurred by members and officers of school councils.
2. The development of implementation plans for new education initiatives
that relate to pupil achievement or to the accountability of the education
system to parents, including,
i. implementation plans for policies and guidelines established under
subsection 302 (1) of the Act with respect to the conduct of persons
in schools within the board's jurisdiction, and
ii. implementation plans for policies and guidelines established under
subsection 302 (5) of the Act respecting appropriate dress for pupils
in schools within the board's jurisdiction.
3. Board action plans for improvement, based on the Education Quality and
Accountability Office's reports on the results of tests of pupils, and the
communication of those plans to the public.
4. The process and criteria applicable to the selection and placement of
principals and vice-principals. O. Reg. 612/00, s. 19 (1).
(2) Subsection (1) does not limit the matters on which a board may solicit the
views of school councils. O. Reg. 612/00, s. 19 (2).
Advisory Authority of School Councils
20. A school council may make recommendations to the principal of the school or to the
board that established the council on any matter. O. Reg. 612/00, s. 20.
Duty of Board to Respond
21. The board that established a school council shall consider each recommendation
made to the board by the council and shall advise the council of the action taken in
response to the recommendation. O. Reg. 612/00, s. 21.
Fundraising
22. (1) Subject to subsection (2), a school council may engage in fundraising activities.
O. Reg. 612/00, s. 22 (1).
(2) A school council shall not engage in fundraising activities unless,
(a) the activities are conducted in accordance with any applicable policies
established by the board; and
(b) the activities are to raise funds for a purpose approved by the board or
authorized by any applicable polices established by the board. O. Reg.
612/00, s. 22 (2).
(3) A school council shall ensure that the funds raised by it are used in accordance
with any applicable policies established by the board. O. Reg. 612/00, s. 22 (3).
Consultation with Parents
23. A school council shall consult with parents of pupils enrolled in the school about
matters under consideration by the council. O. Reg. 612/00, s. 23.
Annual Report
24. (1) Every school council shall annually submit a written report on its activities to
the principal of the school and to the board that established the council. O.
Reg. 612/00, s. 24 (1).
(2) If the school council engages in fundraising activities, the annual report shall
include a report on those activities. O. Reg. 612/00, s. 24 (2).
(3) The principal shall, on behalf of the school council, give a copy of the report to
every parent of a pupil who, on the date the copy is given, is enrolled in the
school. O. Reg. 612/00, s. 24 (3).
(4) Subsection (3) may be complied with by,
(a) giving the report to the parent's child for delivery to his or her parent; and
(b) posting the report in the school in a location that is accessible to parents.
O. Reg. 612/00, s. 24 (4).
Transition
25. Every school council established by a board before this Regulation comes into force
is continued. O. Reg. 612/00, s. 25.
26. (1) Sections 3, 4 and 5 do not apply until September 1, 2001. O. Reg. 612/00, s.
26 (1).
(2) Until the date of the first meeting of a school council after the first election held
under section 4 after September 1, 2001, the references in subsection 8 (2),
clause 12 (3) (b) and subsection 13 (2) to a parent member shall be deemed to
be references to a member of the school council who is a parent of a pupil
enrolled in the school. O. Reg. 612/00, s. 26 (2)
