Bill 242 – What Does It Say?

Bill 242 is an Act to amend the Education Act and certain other Acts in relation to early childhood educators, junior kindergarten and kindergarten, extended day programs and certain other matters. The Bill has the capacity to have a significant impact on the licensed child care sector in Ontario. In our last posting – March 11, 2010 – we shared information about the Standing Committee Hearings on the legislation. This post will provide more information about some of the key components of the proposed legislation. There is much more in Bill 242 which you can find at:

http://www.ontla.on.ca/bills/bills-files/39_Parliament/Session1/b242.pdf

Positive Components of the Act:

Section Reference	What it Says	Interpretation and Possible Implications
General	Universal access for 6 hours a day for 4 and 5 year old children	When fully implemented, all 4 and 5 year old children will be able to participate in developmentally appropriate early learning programs for up to 6 hours each day.
2. (3) and many other sections	… "the Act is amended by striking out "teacher" and substituting "teacher, designated early childhood educator"	Throughout Bill 242, there are specific references to teachers and early childhood educators working in partnership. This represents legislated recognition of the significance of the role of early childhood educators in the implementation of full day early learning programs for children 3.8 to 5.
260.2	"A principal may delegate any of his or her duties under this Act that relate to the operation of extended day program to a vice principal or another person approved by the board."	Given the existing workload of principals, this opens the possibility that a management structure will be created to support the extended day component of full day early learning.
260.4	"The Minister, and, if authorized by the Minister, a board, may enter into agreements with any person or entity respecting the provision of financial assistance to persons who are charged fees under section 260.1."	Recognizes that for many families, the ability to access the extended day program is dependent on receiving financial assistance. This is an important access and equity issue.
264.1 (2)	Specifically sets out that teachers and early childhood educators will cooperate in: planning, observing, assessing, maintaining healthy environments, communicating with families, performing duties as assigned by the Principal.	Legislates an equal role for early childhood educators and teachers.

 

 

 

 

Concerning Components of the Act:

Section Reference	What it Says	Interpretation and Possible Implications
General	The preamble of the Act talks to the importance of "strong local partnerships" in the eventual success of the full day early learning program.	Unfortunately, the Act itself rules out the possibility of "strong local partnerships" in the delivery of the extended day component of the early learning program.
259. (1)	… every board shall operate extended day programs in every elementary school of the board, on every school day, other than professional activity days, outside the time when junior and kindergarten are operated in the school, for pupils of the board who are enrolled in junior kindergarten or kindergarten."	The extended day (before and after school) component of this initiative MUST be delivered directly by boards of education and may not be provided in collaboration with an existing community partner. This means that by the time this program is fully implemented there will be very few 4 and 5 year old children in the licensed child care sector. While some families may chose to keep their children in licensed child care, experience suggests that the vast majority will not.
259. (2)	… "a board may also operate…for any pupils of the board to whom the board decides to provide the program."	Boards may also provide extended day programs for children who are older than kindergarten age.
259. (4)	School boards are permitted to operate extended day programs for the pupils of other school boards.	The argument against providing the extended day programs in partnership with community based organizations is based on the intent to provide a fully integrated program in which children experience fewer transitions and fewer staff changes. It is difficult to understand how this clause supports this important philosophical direction as moving between schools up to three times a day is a lot of transitioning for kindergarten age children. It is also difficult to understand why collaboration with a community based agency operating in the same school is considered more disruptive than having children move between schools for the extended day component. This clause diminishes the strength of the rationale for direct delivery of the extended day program by boards.
260.1 (1)	Fees will be charged to parents of pupils enrolled in extended day programs on a cost recovery basis.	This changes the definition of pupils in the public school system. Currently, pupils do not pay to attend school.
260.3 (2)	Pupils do not have the right to attend the extended day fee-for-service component of the program.	The legislation does not make it clear under what circumstances a board might decide NOT to provide the extended day component. It is understood to be in those situations where the demand is not sufficient. Is it also possible that it might be in those circumstances where the demand is such that there are too many children for one group (the size of which is not yet clear) but not enough for a second?
260.4	"The Minister, and, if authorized by the Minister, a board, may enter into agreements with any person or entity respecting the provision of financial assistance to persons who are charged fees under section 260.1."	While this is an important access issue, where will the funding come from? If the existing subsidy for children 4 and 5 is removed from the licensed child care sector, at the same time that many communities are also losing spaces due to the end of Best Start funding, both group and home child care programs may struggle to fill their vacant spaces.
260.5 (1) (2) (a – m)	Give the Minister authority to issue "policies and guidelines respecting all aspects of the operation of extended day programs and require boards to comply with them…" This section includes such things as how subsidy will be calculated, the group sizes for the program, authorizing boards to enroll children in the extended day programs for the summer period.	This section allows the Minister to create policies and guidelines as the program is rolled out over the next 5 years. This is understandable given that this is a new program and there will be lots to learn, as it is unveiled. At the same time, this section creates continued confusion for parents and the licensed child care sector as it means there will continue to be many unknowns until and unless specific policies are announced.
General	Lack of clarity about the delivery of services on PD days, school holidays and during the summer.   The same is true about whether or not boards will provide extended day programs for children 6 and up.	This may create challenges for parents who require early learning and care program for their children on a year round basis. The lack of certainty also makes it difficult for the licensed child care sector to plan effectively.

 

We will continue to provide additional information about Bill 242 as it becomes available.