Regulation - LGIC

Waive the requirement for select First Nations schools to provide documentation to the ministry demonstrating school eligibility under the Reciprocal Education Approach (REA)

Regulation Number(s):
O.Reg. 261/19
Instrument Type:
Regulation - LGIC
Bill or Act:
Education Act
Summary of Decision:
Regulation waives the requirement for schools previously listed in Table 2 of Section 3 of the regulation to provide documentation to the ministry that demonstrates school eligibility for the REA.

Upon filing of the regulation on June 10, 2021, Table 1 referenced in Section 3 (1) of Ontario Regulation 261/19 is updated to add all schools formerly listed in Table 2.

All First Nation-operated schools formerly listed in Table 2 of Section 3 of the regulation are therefore eligible to receive funding for pupils of school boards attending their schools under the REA.
Analysis of Regulatory Impact:
No new administrative cost for regulated entities.


Further Information:
Proposal Number:
21-EDU002
Posting Date:
April 15, 2021
Summary of Proposal:
Under the Reciprocal Education Approach (REA), First Nation schools, including those listed in Table 2 of s. 3 of O. Reg. 261/19, must submit certain documentation by October 30th of a given school year in order to be eligible for funding under the REA for that school year and subsequent school years.

The documentation is a one-time requirement and includes:
- A Band Council Resolution stating that the First Nation entity providing the documentation operates the school
- An attestation that confirms the school does not charge tuition

First Nation schools that missed the October 30, 2020, deadline would not be eligible for the REA for the 2020-21 school year, and thus would not receive funding, despite already having students registered and attending their schools under the REA.

Regulatory amendment to O. Reg. 261/19 (Reciprocal Education Approach) under the Education Act is required to waive the requirement for schools in Table 2 of s. 3 of the regulation to provide documentation to the ministry that demonstrates school eligibility for the REA.
- A regulatory amendment would be made to O. Reg. 261/19 to update the list of schools that are eligible for the REA.

Schools not currently listed in Table 2 of s.3 of the regulation would still be required to submit eligibility documentation to the ministry by October 30th of a given school year in order to be eligible for that school year and subsequent school years.

Waiving the requirement for schools in Table 2 will improve equitable access to education for First Nation students, promote student choice and reduce administrative burden for First Nation schools amidst the COVID-19 crisis.

Waiving the requirement for schools listed in Table 2 of s. 3 of the regulation will support the following ministry priorities:
- Supporting efficiency by reducing red tape and administrative burden for First Nation schools
- Supporting a real-time response to COVID-19-related challenges
- Improving access to education for First Nation students
Contact Address:
315 Front Street West, Toronto ON M7A 0B8
Effective Date:
June 10, 2021
Decision:
Approved