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Ontario Bill 108

43rd Parl. 1st Sess.
May 17, 2023
  • Bill 108, also known as the Education Statute Law Amendment Act (Fetal Alcohol Spectrum Disorder), 2023, is a law in Ontario that aims to address the high prevalence of Fetal Alcohol Spectrum Disorder (FASD) among children in the province. FASD can make attending school difficult and traumatic for affected children. Many school boards currently lack specific strategies to address this issue, and educators often lack awareness of FASD. Under this law, each school board will be required to develop a policy addressing FASD. Teachers and early childhood educators will also receive training on the signs and symptoms of FASD and how to appropriately accommodate these children in the classroom. These changes are expected to improve academic performance and the overall school experience for children with FASD and their peers. The law also amends the Early Childhood Educators Act, 2007, the Education Act, and the Ontario College of Teachers Act, 1996 to include provisions related to FASD training and support. The law will come into effect on the second September 1 after it receives Royal Assent. Its official name is the Education Statute Law Amendment Act (Fetal Alcohol Spectrum Disorder), 2023.
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Bill 108 2023

An Act in relation to Fetal Alcohol Spectrum Disorder (FASD)

Preamble

There is a high prevalence of Fetal Alcohol Spectrum Disorder (FASD) among children in Ontario, and the combination of deficits children with FASD face can make attending school a difficult and often traumatic experience. Despite this, many school boards have no specific strategy for addressing this issue, and educators often lack awareness of FASD.

It is therefore important that each school board be required to develop a policy addressing FASD, and that teachers and early childhood educators be taught about the signs and symptoms of FASD, as well as how to appropriately accommodate these children in the classroom.

Implementing these changes is expected to result in better academic performance and an improved school experience for children with FASD and their peers, and to contribute to many other positive social outcomes for children with FASD.

Therefore, His Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:

Early Childhood Educators Act, 2007

1 Section 43 of the Early Childhood Educators Act, 2007 is amended by adding the following subsection:

Fetal Alcohol Spectrum Disorder (FASD)

(1.1)  A regulation made under paragraph 1.1 of subsection (1) shall provide that a program in early childhood education shall only be accredited if it provides for training with respect to Fetal Alcohol Spectrum Disorder (FASD), including,

  (a)  awareness of the signs and symptoms of FASD; and

  (b)  strategies to accommodate the needs of children who have diagnosed or suspected FASD.

Education Act

2 The Education Act is amended by adding the following Part:

Part XIII.2
Fetal Alcohol Spectrum Disorder (FASD)

FASD policies and guidelines

322 (1)  Every board shall establish policies and guidelines respecting Fetal Alcohol Spectrum Disorder (FASD).

Same

(2)  The policies and guidelines must,

  (a)  promote awareness and understanding of FASD;

  (b)  require training for educational assistants to increase their awareness and understanding of FASD;

  (c)  include established and emerging best practices to support pupils who have diagnosed or suspected FASD; and

  (d)  identify strategies for the identification of pupils who have diagnosed or suspected FASD and for providing accommodation for those pupils.

Collaboration

(3)  Every board shall facilitate collaboration with parents and FASD Support Groups in undertaking the promotion of awareness and understanding of FASD.

Ontario College of Teachers Act, 1996

3 Section 40 of the Ontario College of Teachers Act, 1996 is amended by adding the following subsection:

Fetal Alcohol Spectrum Disorder (FASD)

(1.1)  A regulation made under paragraph 19 of subsection (1) shall provide that a teacher education program shall only be accredited if it provides for training with respect to Fetal Alcohol Spectrum Disorder (FASD), including,

  (a)  awareness of the signs and symptoms of FASD; and

  (b)  strategies to accommodate the needs of students who have diagnosed or suspected FASD.

Commencement and Short Title

Commencement

4 This Act comes into force on the second September 1 after the day it receives Royal Assent.

Short title

5 The short title of this Act is the Education Statute Law Amendment Act (Fetal Alcohol Spectrum Disorder), 2023.