Changes in Legislation Related to Supports to Students with Intensive Needs

Why has the Ministry of Education made changes to the legislation related to support for pupils with intensive needs?

• The amendments are intended to move away from the medical model to a needs based model of identifying students and are consistent with current legal and human rights rulings. This will provide greater flexibility for boards of education to provide appropriate programming to a wider range of pupils identified with intensive needs. The proposed changes also provide an up-date to commonly used terms to describe educational assistants and students with intensive needs.

Who is responsible for providing appropriate programs for students with intensive needs?

• Boards of education retain the legislative responsibility for providing appropriate programs for all students.

What are the changes to the Regulations?

• The Regulations have been changed to remove sections that are now addressed in the Guidelines established by the Ministry. The terminology used is more responsive to current issues, needs and knowledge and consistent with The Education Act, 1995. The proposed changes add clarity around inclusionary practices and personal program plans.

How much funding is the Ministry providing to boards of education with respect to students with intensive needs?

• Total provincial funding recognition for Intensive Supports in 2008-09 is approximately $67.35 million which is an increase of 4.7% over the previous year and accounts for approximately 5.1% of total provincial recognized expenditures.

Does the new legislation give more opportunity to exclude children?

• No, boards of education continue to be responsible for providing appropriate education for all students.

What is the ministry currently doing to ensure accountability for children with intensive needs?

• The Ministry is ensuring accountability for educational outcomes for students with intensive needs through the collaborative development and monitoring of annual personal program plans. In addition, the Ministry is annually auditing school division service delivery models.

How many students are identified as requiring intensive supports?

• As of Dec. 20, 2007, 6,742 students were identified as requiring intensive supports. This represents approximately 4% of the student population.