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ARTICLE · 09 DECEMBER 2019

Arbitrator Rules That Compliance With Kindergarten Class Size Regulations Is Required Only As Of Determination Date

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recent arbitral decision clarified the requirements that must be satisfied in order for a school board to comply with regulations in Ontario regarding kindergarten class sizes.

CanadaConsumer Protection
Seann D. McAleese
Seann D. McAleese
Stephanie Tassopoulos
Stephanie Tassopoulos
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A recent arbitral decision clarified the requirements that must be satisfied in order for a school board to comply with regulations in Ontario regarding kindergarten class sizes. The Elementary Teachers' Federation of Ontario (the "ETFO") filed a grievance claiming that the Bluewater District School Board (the "Board") violated a regulation under Ontario's Education Act when an influx of new students caused class sizes to exceed the stipulated class size limits; the arbitrator held that there was no such violation, and dismissed the grievance.

Factual Background

Ontario Regulation 132/12 ("Regulation 132/12") sets out the legislative scheme by which class sizes are governed. This Regulation requires school boards to choose a date between September 1 and September 30 in a given school year as the date on which that school board's class sizes will be determined; this date is referred to in the arbitrator's reasons as the "Determination Date."

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