Governance

The revision of several parts of the Education Act is essential for revitalizing various sectors of the Act, and the AFOCSC hopes to be a key partner in achieving these changes towards excellence. Bill 98 indeed addresses many areas, including early childhood education, teachers, special education, the management and governance of boards, and school real estate.

We are pleased to see that this bill includes several amendments that could improve important aspects of the education sector in Ontario. This bill will significantly impact the school structure, and its changes must be implemented while respecting the standards of French-language education and its Catholic character.

Particularly within the framework of Part XI.1 of Bill 98 of 2023, certain staff members, including directors of education, school principals, vice-principals, and supervisory officers, are subject to performance evaluations. Essentially, the law authorizes the government to determine the evaluation process for these staff members.

It is therefore important that this amendment ensures equitable governance across all school boards and considers our evaluation standards. We support this change, provided that the evaluation process is overseen and managed by our trustees.

Approach:

One of the first elements targeted by the government regarding school board governance concerns the performance evaluation process of the directors of education, and there are several others regarding school board governance, including the code of conduct, training, and the management of political tables, to name a few.

We have major concerns related to adding directors of education to the list of school board employees who must undergo performance evaluations dictated by government regulations.

i. The general management of a school board is under its exclusive control under Section 23 of the Charter. The Supreme Court of Canada is clear: French-language school boards have exclusive authority over “the appointment and direction of persons responsible for the administration” of French-language schools [reference to Mahé v. Alberta, [1990] 1 SCR 342, 394–95].

ii. Depending on the extent to which performance evaluation will be delegated to the school boards themselves [referencing Section 287.4 (2) of the Education Act], this part of Bill 98 could potentially contravene the Charter’s provisions regarding the trustees of the AFOCSC boards.

iii. The evaluation process of the directors of education must be managed solely by the employer, that is, the school board trustees, as it is an inherent responsibility of the employer.

iv. In summary, the AFOCSC opposes directors of education being subject to performance evaluations dictated by the government rather than by school board trustees.

School boards already have established performance evaluation processes for directors of education, and the AFOCSC opposes changes to the current system. However, we are open to proposing non-binding models that each French-language Catholic school board can adapt as needed. We also offer our support for standardizing the criteria and refining existing processes.

How to Help:

Maintain strong communication with the government to foster effective collaboration and improved planning between our association and our school boards for the benefit of all.

Additionally, remind the government that governance is a management right exclusive to Catholic French schools in Ontario.

Government Approach:

The Ministry of Education has invited school board trustees to provide their feedback on the performance evaluation criteria for directors of education, with the goal of developing an evaluation process tailored to management members.

Challenges:

Considering the reasons cited above and because school boards currently have strong performance evaluation processes for directors of education that consider their particularities, the AFOCSC believes that only “the obligation to have an evaluation process in place” should be dictated by the regulation, not the parameters, objectives, and details related to this process.

As stated in our initial brief on the introduction of Bill 98, “We emphasize that the consultation process should extend beyond just the period surrounding the adoption of a bill. Consultation between the Ministry of Education and the associations representing school boards must be an ongoing process so that trustees’ perspectives are collected and considered to genuinely influence decisions. Consultation does not unnecessarily delay decision-making but enlightens, facilitates, and guides it based on the realities of each region and community.”

Several provisions in Bill 98 grant regulatory powers to the Minister of Education or the government. The extent of the forthcoming changes is thus unpredictable at the stage of adopting Bill 98 since its full effect will only be felt once the regulations are enacted. As these may affect the constitutional rights of its members (protected by Section 93 of the LC1867 and Section 23 of the Charter), the AFOCSC requests consultation before their enactment.”

“Each Ontario school board is governed by trustees who play a crucial leadership role, ensuring that schools adhere to provincial standards and provide programs and services that meet the needs of the diverse communities they serve.

Governance determines how a school board operates and conducts itself. By providing a framework and processes for decision-making, it requires leaders to demonstrate ethical leadership and set an example. School boards embody governance in action at the local level. They are responsible for making decisions, adopting policies, and issuing administrative directives to effectively use public funds, create conditions for high student performance, foster a culture of well-being and inclusion, and ensure healthy and equitable learning environments.

Governance involves the exercise of authority, guidance, and accountability in service of the higher moral purpose of public education. A governance structure defines the roles, relationships, and behavioral parameters of the board and its staff. Laws, particularly the Education Act, outline the governance structures, powers, and processes of school boards. This law and its regulations establish the governance framework of a school board, including the roles and responsibilities of the board, its members, its chairperson, and the director of education.”