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[38] Bill 133 Original (PDF)

Bill 133 2006

An Act to amend the Education Act to provide stability for students in transition housing

Note: This Act amends the Education Act. For the legislative history of the Act, see Public Statutes - Detailed Legislative History on www.e-Laws.gov.on.ca.

Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:

1.  (1)  Section 47 of the Education Act is amended by adding the following subsections:

Same

(1.1)  At the request of the child's parent or parents or guardian, a child who falls into one of the following categories and who is otherwise qualified to be admitted to an elementary school shall be admitted without the payment of a fee to the elementary school that the child was attending before falling into the category:

1. A child who is a ward of a children's aid society.

2. A child who is in the care of a children's aid society.

3. A child who is in emergency housing or in temporary housing.

4. A child who is homeless.

Conflict

(1.2)  In the event of a conflict between subsections (1) and (1.1), subsection (1.1) prevails.

(2)  Section 47 of the Act is amended by adding the following subsections:

Same

(3)  At the request of the child's parent or parents or guardian, a child who falls into one of the following categories and who is otherwise qualified to be admitted to a secondary school, shall be admitted without the payment of a fee to the secondary school that the child was attending before falling into the category:

1. A child who is a ward of a children's aid society.

2. A child who is in the care of a children's aid society.

3. A child who is in emergency housing or in temporary housing.

4. A child who is homeless.

Conflict

(4)  In the event of a conflict between subsections (2) and (3), subsection (3) prevails.

Limitation

(5)  Subsections (1.1) and (3) apply until the earlier of the end of the school year and the establishment of a permanent housing arrangement for the child.

Same

(6)  Subsections (1.1) and (3) apply if the child does not have to be transported for more than 30 kilometres in order to continue at the school the child was attending before the child fell into one of the listed categories.

Definition

(7)  In this section,

"emergency housing or temporary housing" includes a hostel, as defined in the Charitable Institutions Act, an emergency hostel within the meaning of the Ontario Works Act, 1997 and an interval or transition home for abused women.

2.  Subsection 190 (1) of the Act is amended by adding the following clause:

(a.2) a pupil who is enrolled, pursuant to the request of a parent or guardian under subsection 47 (1.1) or (3), in a school that the board operates;

Transition

3.  (1)  On the later of the day this Bill receives Royal Assent and the day subsection 52 (1) of the Child and Family Services Statute Law Amendment Act, 2006 is proclaimed in force, paragraphs 1 and 2 of subsection 47 (1.1) of the Act are repealed and the following substituted:

1. A child who is under the care or supervision of a children's aid society.

2. A child who receives child protection services from a children's aid society.

2.1 A child who resides in a children's residence or foster home within the meaning of the Child and Family Services Act.

(2)  On the later of the day this Bill receives Royal Assent and the day subsection 52 (2) of the Child and Family Services Statute Law Amendment Act, 2006 is proclaimed in force, paragraphs 1 and 2 of subsection 47 (3) of the Act are repealed and the following substituted:

1. A child who is under the care or supervision of a children's aid society.

2. A child who receives child protection services from a children's aid society.

2.1 A child who resides in a children's residence or foster home within the meaning of the Child and Family Services Act.

Commencement

4.  This Act comes into force on the day it receives Royal Assent.

Short title

5.  The short title of this Act is the Education Amendment Act (Stability for Students in Transition Housing), 2006.

EXPLANATORY NOTE

The Bill amends the Education Act to guarantee that a child who is a ward of a children's aid society, is in the care of a children's aid society, is in emergency housing or temporary housing or is homeless can continue, at the parent's or guardian's request, to attend the school they were attending before falling into one of those categories until the earlier of the end of the school year and the child being established in a permanent housing arrangement.