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Education - Education Act - School Councils

. Zemer et al. v. Toronto District School Board

In Zemer et al. v. Toronto District School Board (Ont Div Ct, 2025) the Ontario Divisional Court allowed a JR seeking (in part) a declaration, this brought against "the TDSB’s decision to disband the School Council and to direct a new election" of the School Council.

Here the court reviews the legislative (Education Act) basis of school councils:

The Purpose and Advisory Function of a School Council

[36] The Education Act provides that:

(a) Every board shall establish a school council for each school operated by the board, in accordance with the regulations: See Education Act, s. 170(1)(17.1)

(b) The Lieutenant Governor in Council may make regulations respecting school councils, including regulations relating to their establishment, composition and functions: See Education Act, s. 170(3).

[37] Although such focus may not always be apparent, the primary purpose of a school council is to improve pupil achievement. Section 2 of O. Reg. 612/00, provides:

(1) The purpose of school councils is, through the active participation of parents, to improve pupil achievement and to enhance the accountability of the education system to parents.

(2) A school council’s primary means of achieving its purpose is by making recommendations in accordance with this Regulation to the principal of the school and the board that established the council. [Emphasis added]

[38] A school council may make recommendations to the principal of the school or to the board that established the council on any matter: O. Reg. 612/00, s. 20. In addition, a school board must solicit the views of a school council with respect to a variety of matters including:

(a) The establishment, amendment, development, implementation, and communication of board policies and guidelines that relate to pupil achievement or to the accountability of the education system to parents as well as criteria applicable to the selection and placement of principals and vice-principals: O. Reg. 612/00, s. 19(1).

(b) The establishment and periodic review of policies and guidelines with respect to the conduct of persons in schools: Education Act, ss. 302(1), (8).

(c) The establishment of bullying prevention and intervention plans for schools: Education Act, ss. 303.3(1), (3).

[39] A school board shall consider each recommendation made to the board by the council and shall advise the council of the action taken in response to the recommendation: O. Reg. 612/00, s. 21

Election of Parent Members of a School Council

[40] Section 4 of O. Reg. 612/00 specifies who is qualified to be a parent member of a school council, who is qualified to vote in an election of parent member, when the election of parent members is to take place, how the election of parent members is to be held, and how notice of the election is to be given and to whom such notice is to be given.

[41] Under O. Reg. 612/00, a principal has a limited administrative role in the election of parent members:

(a) The principal must be consulted on the date to be fixed for the election. Specifically, the date of the election is fixed by the chair or co-chairs of the school council after consulting with the principal.: O. Reg. 612/00, s. 4(4).

(b) The principal must, on behalf of the school council, give written notice of the date, time, and location or means to access the election to every parent of a pupil who, on the date the notice is given, is enrolled in the school: O. Reg. 612/00, s. 4(6).

[42] O. Reg. 612/00 gives a school council the authority to make by-laws governing the conduct of its affairs. It also requires that a school council shall make a by-law that governs election procedures and the filling of vacancies in the membership of the school council: O. Reg. 612/00, ss. 15(1), 15(2)(i).

[43] In this case, paragraph 3.1 of the 2023 Bylaws states:

Elections will be inclusive, transparent and accountable, ensuring that all members of the school community are included, welcomed and feel valued. Elections for the School Council:. shall be supervised by the Principal (or designate) and at least two parent(s)/caregiver(s) not seeking election;

. the school (Principal or designate) will receive and file all nomination forms;

. written information (picture not required) about each candidate, supplied by the candidate, shall be made available to the school community prior to the election;

. nominations will not be accepted from the floor on the evening of the elections;

. candidates may not utilize School Council resources, including School Council social media or other tools, to promote their candidacy; and

. the names of the successful candidates shall be shared with the school community and posted on the school website.

[44] While para 3.1 authorizes the Principal along with at least two other parents/caregivers are to supervise the election, it does not authorize any of them, individually, or the Superintendent, to decide that the election should be set aside or to direct that a new election be held.

....

Duty to Ensure Effective Stewardship of the Board’s Resources and Promote this Goal through Policies and Organizational Structures

[48] The TDSB submits that every board is obligated to ensure effective stewardship of the board’s resources and shall develop and maintain policies and organizational structures that promote this goal: Education Act, ss. 169.1(1)(b), 169.1(5).

[49] “Effective stewardship” means that a board shall, (a) effectively use the resources entrusted to it; (b) use the resources entrusted to it for the purposes of delivering effective and appropriate education; and (c) manage the resources entrusted to it in a manner that upholds public confidence: Education Act, s. 169.1(5).

[50] A school council is not a resource (e.g. good or service) that a school board can allocate. Further, a school council is not “entrusted” to a school board. A school council is at arms-length from a school board and the rest of the education system.

[51] In any event, any policies of a school board that are to apply to a school council are expressly authorized in very few areas by O. Reg. 612/00:

(a) Every board shall establish policies respecting the reimbursement of members and officers of school councils established by the board: s. 11(2);

(b) Every school council shall make a by-law that, in accordance with any applicable policies established by the board that established the council, estab­lishes a conflict resolution process for internal school council disputes: s. 15(2)3;

(c) A school council shall not engage in fundraising activities unless, (a) the activities are conducted in accordance with any applicable policies established by the board; and (b) the activities are to raise funds for a purpose approved by the board or authorized by any applicable policies established by the board: s. 22(2);

(d) A school council shall ensure that the funds raised by it are used in accordance with any applicable policies established by the board: s. 22(3)

[52] There would be no need for these specific authorizing provisions under O. Reg. 612/00 if a school board had broad authority to control a school council’s activities under s. 169.1(1)(b) of the Education Act. There is no redundancy in the above provisions of O. Reg 612/00 because s. 169.1(1)(b) does not have the breadth advanced by the TDSB.