Reporting to the Ministry|
Questions and Answers |
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| 1 | Question: |
For what type of pupils are school boards required to charge tuition fees for day school and continuing education/summer programs? |
| Answer: |
School boards shall charge tuition fees to: i) Pupils to whom subsection 49(6) of the Education Act applies (persons with temporary resident status or who possess a study permit) unless these pupils are exempt under subsection 49(7) of the Act. The tuition fees charged by the boards in respect of day school programs may be whatever the board determines, but shall not be less than the amount calculated in the Calculation of Fees for Pupils Regulation. Similarly, tuition fees for continuing education and summer school programs for such pupils may be whatever the board determines, but shall not be less than the amount calculated in the Calculation of Fees for Pupils Regulation. For more information go to the Questions and Answers for the Amendments to Subsection 49(7) of the Education Act. ii) Native pupils who reside on a reserve. Boards may enter into agreements, but the fee charged under the agreements for day school programs shall be the amount determined in accordance with the Calculation of Fees for Pupils Regulation. Tuition fees with respect to continuing education and summer school for such pupils may be an amount agreed upon by the board and the person paying the fee, or in the absence of an agreement, shall be the amount calculated in accordance with the Calculation of Fees for Pupils Regulation. It should be noted that in addition to the fees referred to above, boards shall charge for special services as set out in sub-section 188(4) of the Act. School boards may charge tuition fees to: iii) Pupils whose parents or guardians do not reside in Ontario. The amount of the fee charged by the board for day school programs may be whatever the board determines, but shall not exceed the maximum determined in accordance with the Calculation of Fees for Pupils Regulation. Tuition fees with respect to continuing education and summer school for such pupils may be an amount agreed upon by the board and the person paying the fee, or in the absence of an agreement, shall be the amount calculated in accordance with the Calculation of Fees for Pupils Regulation. iv) Pupils who reside in a school section, separate school zone or secondary school district in which the pupil's parent or guardian resides, on land that is exempt from taxation for the purposes of any board. The amount charged shall be $40 for each month or part of a month the pupil attends a board school. The board is not permitted to charge a monthly fee in respect of additional pupils from the same family. Note: for pupils identified in (i), (ii) or (iii), boards are not to report these pupils as "pupils of the board" for funding purposes. |
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| 2 | Question: |
Are tuition fees applicable to pupils who are unlawfully in Canada? |
| Answer: | Usually not. However, the same rules apply as per the answer to Question #1. Under section 49.1 of the Act, a person who is otherwise entitled to be admitted to a school and who is less than 18 years of age shall not be refused admission to a school because the person or the person's parent or guardian is in Canada unlawfully. Boards are not to charge fees based on the fact that the pupils are in Canada unlawfully. |
| 3 | Question: |
What type of fees, other than tuition fees, are boards permitted to charge pupils enrolled in day school programs? Can school boards charge fees for textbooks or school supplies? |
| Answer: |
With limited exceptions as outlined below, no fees are permissible to pupils or their parents or guardians in respect of their participation in regular day school programs. The following legislative provisions are relevant to the issue of charging of fees to day school pupils:
The Act requires that school boards must provide textbooks without charge. Some learning materials may be considered to be "consumables", that is, they are consumed by the pupil and cannot be used again by another pupil in the next term. Generally, boards should not be charging for consumables that are essential to the delivery of the course, however, it is acceptable to charge fees for consumables in cases where the fee relates to upgrading or substitution, such as the cost of upgrading to a more costly material or substituting a material preferred by the pupil to that provided for course purposes. For example, in a woodworking course where a pupil chooses to use maple rather than spruce for a project. Similarly, if a student undertakes an approved project that is more costly than the project assigned, the additional costs may be charged to the student. It is not uncommon for schools to offer to their pupils supplementary items and activities such as yearbooks, field trips, and athletics, and to charge a fee to defray the cost associated with them. Since acquisition of yearbooks and participation by pupils in extracurricular activities is voluntary and not an integral part of their day school program, these charges are permissible. Paragraph 13 of subsection 171(1) of the Education Act states that school boards may provide supplies. Where a school board has a policy to not provide supplies, then it is the responsibility of parents to purchase and provide supplies for their children. Supplies in this context generally means things such as pencils and paper. Boards may undertake bulk purchasing on behalf of parents and charge the parents for supplies. However, parents have the right to reject this purchasing opportunity and acquire supplies on their own. |
| 4 | Question: |
What types of fees, other than tuition fees, are permissible in respect of continuing education and summer school programs? Can school boards charge fees for textbooks or supplies? |
| Answer: |
Under paragraph 31.1 of subsection 171(1): deposits for continuing education textbooks, a board may require a pupil enrolled in a continuing education course that is eligible for a credit towards a secondary school diploma … to pay a nominal deposit for a textbook provided by the board that will be forfeited to the board in whole or in part if the textbook is not returned or is returned in a damaged condition. Consequently, in the case of continuing education and summer school credit courses, a nominal and refundable textbook deposit may be charged. Also, costs for materials used in the course that are more expensive than those provided (for example, a student in a woodworking course chooses to use maple rather than spruce for a project). |
