The Toronto District School Board’s perspective on Bill 98, The Better Schools and Student Outcomes Act is provided below and is the basis for TDSB Chair Rachel Chernos Lin's oral submission to the Standing Committee on Social policy on Tuesday, May 9, 2023.
The TDSB currently has 235,000 students in 583 schools throughout Toronto - approximately 12% of all Ontario students.
Leveraging Surplus School Board Property
With regard to the Ministry’s move to gain greater control over TDSB property through the ability to direct the sale, lease or disposal of school sites that are “not needed” - we are deeply concerned as it would seem to remove the very important role of elected boards of Trustees in determining the surplus status of a property based on the unique needs of each community.
As the TDSB’s Long-Term Program and Accommodation Strategy already reflects the Board’s schedule for reviewing non-operating school sites for potential disposition, it is critical that we better understand what process, criteria and factors will be used by the province to determine if a site is not required.
It’s important to note that the TDSB is prepared to make difficult decisions with regard to the closure of underutilized properties. In addition to our Long-Term Program and Accommodation Strategy, for several years now we have had a Secondary Review strategy with the goal of right-sizing our secondary schools to not only maximize programming options, but to operate schools in a more cost-effective manner. In the last year and a half, we have also begun a full review of our administrative sites to determine the most efficient use of these sites and adjust to the reality of new ways of working.
Regardless, the Board should have the authority to make decisions regarding whether a school site is required now or in the years ahead. Toronto is constantly changing and the Board needs the flexibility to adjust to the changing urban structure and demographics of our city. Indeed the TDSB has a long history of working with demographic change – for example, our Board has re-opened previously closed schools – Castlebar in south Etobicoke, and we plan to do so again in Sept 2024 with the reopening of Bannockburn. Both of these sites were not needed and leased out for some time and are now coming back into use to address significant enrollment growth and accommodation challenges at existing nearby school(s).
It is common in many jurisdictions to empower locally elected school board Trustees with powers related to school board properties. We ask the Standing Committee to consider - why might it be that Trustees were given power over these matters in the first place?
We offer that schools are essential community-level services, first and foremost. Elected people who serve communities directly are felt to be best placed to weigh the considerations and impacts for democratic decision making regarding their schools.
We would ask - what would the province want to accomplish in this area that cannot already be done by locally-elected Trustees? Rather than take on powers currently provided to locally elected Trustees, what other tools might already be available to the province to work collaboratively with and across school boards to achieve provincial goals?
Finally, it is worth noting that the TDSB and many other school boards have been asking for years now for a lifting of the moratorium on school closures. While this is by no means a quick fix to address current accommodation challenges, given the current process takes years between identifying schools for review and then possible disposition, we would welcome the opportunity to see this moratorium lifted and to work collaboratively with the government on our secondary plans that have been carefully thought out by Trustees and staff to ensure our schools are efficient, modernized and right-sized to improve student programming and ensure student success. We would ask that the government, rather than assuming potential control of our property, instead consider providing boards with clear timelines on when the moratorium will be lifted so that we may plan accordingly and efficiently.
Parent Consultation by Boards Regarding Multi-Year Plans, MYPs in General
From its inception, the TDSB has supported parental engagement - we supported board-wide parent and community advisory committees and school councils before they were mandated. That said, clarification is needed about the twice per year update meetings that will be required by Bill 98. TDSB has over 235,000 students, and a requirement for Board-wide meetings with their parents/guardians/caregivers will impose enormous practical challenges in its execution. We, and other large boards in the Province, would appreciate clearer guidance about this requirement.
Regarding Multi-Year Plans in general, school boards play a vital role in making sure local priorities are reflected in public education. In fact, right now we are surveying parents as we renew our current MYSP and are seeking input through an electronic survey and in-person meetings in communities. The Province should continue to provide significant space for this local input, and avoid overriding local priorities in the Multi-Year Plans. Ontario is a diverse province, and communities in Timmins, North Bay, Windsor, or Toronto will all have different priorities for their students’ education. Should the Province determine that they have a role in setting these priorities, at the very least we would strongly suggest that boards be involved in consultation.
Finally, the TDSB knows that all students with strong foundations in numeracy and literacy have greater opportunities with regard to post-secondary education. We do not believe that mandating priorities effectively engages parents, guardians and caregivers in connecting with the Board and their local schools.
Business Affairs of Boards, Toronto Lands Corporation
The Minister is being provided with broad powers to regulate the business affairs of school boards, and specific powers relating to “board controlled entities.” Consider the Toronto Lands Corporation (TLC). It is one of a kind in Canada, and was created in close cooperation with the Province and has been a valuable asset in TDSB’s stewardship of its Real Estate Portfolio. If the Ministry intends to implement general or specific regulatory changes that impact TLC’s function these changes need to be clearly communicated well in advance.
On a similar note, if there will be significant changes to the way boards can conduct business, there needs to be clarity about the nature and extent of the changes. Any uncertainty, either on the part of Boards or our business partners, could prevent us from effectively negotiating or implementing contracts for school supplies or critical services. Businesses will not want to enter a deal with a school board if they think there is a risk the Province might render that deal null and void.
We believe it is important that the Province keeps to its goal of reducing regulation that gets in the way of business. We hope school boards are not made into an exception to this goal.
The costs of programs to support students with special education needs far exceed what is provided within special education grants. Likewise, the TDSB invests heavily in programs that support poverty, safety, and wellbeing for students that would be inadequately funded for Toronto without local spending flexibility. Our families and communities tell us these programs and initiatives are valuable. We have significant concerns about what might be considered “overspending” in a specific area and what further restrictions the government might place on funding, in turn further hampering the ability of school boards to meet local needs.
Support Personnel
The Minister’s new ability to assign “Support Personnel” to Boards is cause for concern. As Bill 98 currently stands, the Minister would have unlimited discretion in determining when a Board’s progress in implementing its Multi-Year Plan is unsatisfactory. These Support Personnel would have an undefined scope of duties once they are embedded with Boards, and the Bill gives no guidance about how these people will be considered, qualified or selected for their roles. TDSB is concerned about the total lack of accountability or transparency for the conduct of Support Personnel, who will be answerable only to the Minister.
Enhancement of Design Standardization
TDSB appreciates the need to better standardize design standards for new schools across the province, and the costs that will be saved as a result. However, flexibility is needed for schools in dense urban areas. In many cases, our urban sites require unique floor plans and are situated in highly constrained environments. This flexibility allow us to continue with innovative solutions such as one of latest school projects in downtown Toronto that will be built in the podium of a new condo building, or the one in Scarborough, which will use mass timber construction that will not only be environmentally sustainable but will cut construction timelines in half – or the project in North York that will see prefabricated modules lifted into place on a very tight urban site.
Integrity Commissioners
TDSB’s own Code of Conduct already provides for the resolution of complaints about perceived Trustee misconduct through an Integrity Commissioner, and we are glad to see this model put in place across Ontario.[7] The role of the Integrity Commissioner should oversee code of conduct issues among all Trustees. We are concerned about changes in this bill that would see staff – and particularly Directors of Education – involved in that decision making process.
Early and Integrated Planning with Municipalities
We are supportive of changes that would encourage early collaboration with local municipalities as we strongly believe that schools must be considered in the first stages of any planning process. Schools are integral and essential components of complete communities.
Access to greenspace is critical to the day-to-day needs of a school. Urban format schools, especially those integrated into high-density mixed-use developments, do not have large, exclusive use of greenspace and the TDSB would appreciate the province’s assistance in supporting the shared use of City parks in these unique circumstances.