INTRODUCTION

Role of the Trustee and the Role of the Director

The board of trustees plays an important role in the oversight of the functioning of the school board through its director of education. (See Module 3 – Roles and Responsibilities for details of the position)

Trustees hire the director of education, who is their sole employee, to oversee all operations of the school board. The director is responsible for implementing the board’s multi-year strategic plan (MYSP) in addition to developing and maintaining programs and services that operationalize the board’s policies. The director reports directly to the board of trustees. Through its director, the school board holds its schools accountable for improving student achievement and well-being, providing an equitable and inclusive environment, and enhancing public confidence in publicly funded education. These goals are based on expectations set at both the provincial and local board level. (See Module 3 — Roles and Responsibilities)  

Hiring, recruiting and selecting the Director of Education

Hiring a qualified, informed, knowledgeable, and accessible director of education is important to ensuring public confidence in the school board. The process of recruiting, selecting, and hiring the director should not be rushed. When done well, it involves thorough research, a detailed and publicly transparent plan, extensive and meaningful consultation with stakeholders, and adherence to equitable hiring processes while ensuring appropriate confidentiality and integrity at all stages.

Director of Education Selection Policy

Essential to the effective hiring of the director is a robust selection policy that clearly outlines the process. The roles and responsibilities of the selection committee, as well as the whole board, should be clearly defined with respect to stages of the process. The selection committee, which usually includes the chair and vice-chair, should reflect a diversity of experiences and perspectives. The committee should determine terms of reference, map out timelines and regularly report their progress to the board, so that all trustees are well-informed. The hiring of the director must be approved by the whole board through board resolution and the performance appraisal of the director must follow the process outlined in Ontario Regulation 83/24: Director of Education Performance Appraisal.

Research and consultation

Trustees, as elected representatives, and as outlined in section 218.1 of the Education Act (See Module 3 — Roles and Responsibilities), entrust the day-to-day management of the board to its staff through the director of education. However, under the Education Act, trustees are required to listen to community questions, concerns and thoughts. This is paramount when hiring the director of education. It is essential that the qualities, attributes, and competencies of the director meet the needs of the communities served. This requires a broad search, both internally and externally, for qualified and diverse candidates. It also requires meaningful consultation with key stakeholders such as trustees, senior staff, employee groups, and board committees such as the Parent Involvement Committee, Special Education Advisory Committee, Indigenous Education Advisory Committee, equity committees, and other community groups, particularly those who have historically faced barriers within the educational system. This consultation will help identify the strengths, challenges and needs of the board so that the right leader can be selected. Research and engagement are critical to finding the right match for the position and for ensuring the hiring of a skilled and knowledgeable leader who can effectively implement the board’s MYSP and ministry priorities.

It is critical that the board hires a director who understands the financial, ethical, moral, and legal responsibilities under the Education Act, who understands human resources and labour relations obligations, and who is knowledgeable about the laws and legislation that inform their role, such as the Ontario Human Rights Code and the School Boards Collective Bargaining Act. The Education Act has been changed and no longer requires that directors be certified by the Ontario College of Teachers or hold Supervisory Officer Qualifications. This allows for a broader pool of individuals with diverse backgrounds and experiences, including those from other sectors. The candidate profile should be explicit about role expectations and should articulate the needs of the system and local community.

Executive Search Agencies

The selection of a well-qualified candidate is a complex and labour-intensive process that requires a well thought out plan, effective recruitment, advertising, far reaching communications around job postings, a candidate profile reflective of board and community needs, clear timelines as well as interview processes that are transparent, equitable and confidential. To ensure integrity of process, it is highly recommended that the board hire an executive search firm with experience in the recruitment of senior leaders with experience in the education sector. The board should hire an independent third party to assist with the selection of the director in accordance with the board’s procurement policy, ensuring clear expectations and guidelines for the required scope of work are outlined and agreed upon.

As a third party, a search firm can bring insights around expert processes and can ensure the board develops a relevant candidate profile through effective staff and community consultation reflecting the needs and values of the board. It is important for boards to be able to select from a broad range of candidates with diverse backgrounds and search firms can provide advice on how to ensure there is a broad reach for the advertised position. In addition, search firms can provide advice on selection of long and short lists by working with the selection committee to identify specific criteria and a common matrix for evaluating candidates.

Trustees should also receive appropriate anti-bias training in advance of the selection process and be aware of conflict of interest – both of which can be discussed with a professional search agency. Search firms may assist in contract development, which should be considered early in the process and must adhere to applicable legislation. Executive search firms may work collaboratively with the board to guide trustees through a professional, objective, and confidential process, supporting both the candidates and the board during the selection and hiring process.

Retaining and Supporting the Director of Education

A plan for on-boarding is an important part of setting the new director of education up for success. A well-considered entry plan and clearly thought-out communications are vital as the new leader establishes themselves in the system and in the community. Boards should ensure their director and the board’s MYSP is promoted and recognized within their communities and assist with making connections that will aid in building community partnerships and enhancing public confidence. Communication staff are critical players in supporting the board and director’s work through sharing key messages and promoting board successes.

It is important that boards support their directors with open, honest, and regular communication through a strong and trusting relationship as well as through the Director of Education Performance Appraisal process. The board chair plays a key role in establishing open and supportive interactions with the director ensuring that they are both informed of key issues and concerns. Acknowledging and celebrating the director’s leadership while fostering an environment of continuous growth is a very important part of supporting the director. Boards should encourage directors to engage with the Council of Directors of Education, their professional organization. Boards should also support their director’s professional development needs and consider the value of mentorship and executive coaching opportunities for their leaders. In addition, boards should support their director in working with their senior team members to foster growth and succession opportunities for system leaders.

DIRECTOR OF EDUCATION PERFORMANCE APPRAISAL

Bill 98: The Better Schools and Student Outcomes Act

Bill 98, the Better Schools and Student Outcomes Act, was passed in Ontario in 2023. It contains five key focus areas to support future regulatory and education policy reforms.

The DPA process is aligned with goal 2 of this legislation.

The key focus goals of Bill 98, as noted here, are to:

1. Increase accountability and transparency by driving provincial priorities and expectations for Ontario’s education sector from the province through to Ontario’s classrooms.

2. Ensure effective governance through reforms that establish standardized processes and expectations for boards of trustees, directors of education and supervisory officers.

3. Maximize capital assets of boards to support building modern schools faster and better utilize school capacity so that students can attend school as close to home as possible.

4. Strengthen teacher training and oversight to ensure teachers are trained for the needs of today’s and tomorrow’s classrooms and support student safety through fair and effective disciplinary processes for teachers and registered early childhood educators.
5. Encourage consistent information and approaches to student learning through more accessible information and opportunities for parents to get involved, and greater consistency in student mental health and well-being supports.

Ontario Regulation 83/24: Director of Education Performance Appraisal

Following Bill 98, in 2024, a new regulation was introduced in Ontario. Ontario Regulation 83/24: Director of Education Performance Appraisal and applicable policies and procedures require that all publicly funded school boards annually appraise their director of education based on mandatory assessment criteria and any additional, locally focused priorities identified by the board in collaboration with the director of education.

Part A: What is the Director of Education Performance Appraisal Process?

What is a performance appraisal?

As per legislation, trustees are to support their director of education through a performance appraisal that they complete annually (Ontario Regulation 83/24). A performance appraisal is a written report based on evidence that is provided to the director. This report clearly outlines the strengths of the director and their leadership; and highlights progress made in the school board based on agreed upon, previously set goals (i.e., that are specified in the Performance Plan). The report also shares areas for improvement based on these same goals and feedback for next steps.

What is the purpose of a performance appraisal?

A performance appraisal is an opportunity for the director to share their work with the board, to share evidence of progress and success and to help trustees understand the decisions made by the director. A performance appraisal is also an opportunity for the board of trustees to gain deeper insights into the work of the director and the board and to provide thoughtful, evidenced feedback to their director, which will support the director in their complex role. It is the responsibility of the Performance Appraisal Committee (a committee of not fewer than three and not more than seven board members) to work with their director to implement a process that is fair, thorough and supportive.

Why is the performance appraisal process helpful?

Done well and with an orientation towards growth, a performance appraisal provides an excellent opportunity for the director and the board to recognize the director’s leadership strengths and to identify areas of progress in the board. It is also extremely important for trustees, with their director, to understand and describe priority areas for continued development and growth.

Understanding the Performance Appraisal Process

What it is:                                           

• An opportunity to highlight the strengths of the director and their leadership skills
• An opportunity to provide opportunities for improvement and growth, as well as specific feedback for the next steps that will support the progress of the director and the work in the board
• An opportunity to review specific data around key priorities as identified in the MYSP
• An opportunity to gather insights and input from specific stakeholders
• An opportunity to celebrate growth and progress made to date

What it is not:

• The time to address a personal issue or concern with the director
• A comprehensive picture of everything that is working and/or not working within the board or a full review of all data related to the MYSP
• A disciplinary procedure (i.e., disciplinary procedures are identified in board policy and procedure)
• A forum to hear unsolicited voices or feedback
• A popularity review of the director
• An annual “event”; rather, it is a supportive process that leads to growth and development of the director

Preparing for the Performance Appraisal Process

Components of the DPA process include:

1. Director’s Performance Plan (summer)
2. Mid-year feedback from the trustees to the director on the progress of the goals set out in the Performance Plan (winter)
3. Collection of collaboratively determined data from multiple stakeholders on the goals of the Performance Plan (spring) if the appraisal is a full evaluation. Ongoing reports to the board on aspects of the implementation of the board’s MYSP can provide key data sources.
4. Final written performance appraisal summing up the strengths and areas of growth and development for the director based on achieved goals (late spring)

Many trustee associations have built helpful templates which can be used by trustees on the Performance Appraisal Committee to guide this process with their director of education. Please look for these templates on your association’s website.

Recommended Best Practices for the DPA Process

• The DPA process is most effective when co-developed by the director and board of trustees.
• Areas for feedback should be mutually decided upon by the director and board of trustees and must be based on the Performance Plan.
• The process should align with the board’s MYSP and the Ministry of Education’s priority areas.
• The focus of a DPA process is on the positive leadership attributes of the director and the progress of the school board under their leadership as well as on continuous growth and improvement.
• The process would be most effective when facilitated and supported by a third-party entity.

The Director’s Performance Plan

The Performance Plan must include the following elements:

1. A list of the actions that the director of education will implement during the evaluation cycle to achieve each of the following goals*:
   1. Advance the provincial priorities in education set out in Ontario Regulation 224/23: Provincial Priorities in Education- Student Achievement:
      • Achievement of learning outcomes in core academic skills
      • Preparation of students for future success
      • Student engagement and well-being
   2. Manage human, capital and fiscal resources to achieve the goals identified in the board’s multi-year plan developed under clause 169.1 (1) (f) of the Education Act.
   3. Promote a healthy and inclusive workplace with effective systems for staff selection and oversight.
   4. Create and maintain respectful and collaborative relationships with students, parents, staff, school board communities, community partners and stakeholders, ministry staff and the Minister of Education.
   5. Demonstrate leadership that maintains or improves the reputation of, and public confidence in, the board.
   6. Ensure compliance with applicable laws, ministry policies and guidelines, and board mandates.

*All four provincial trustee associations: Ontario Public School Board Association (OPSBA), Ontario Catholic School Trustees’ Association (OCSTA), Association des conseils scolaires des écoles publiques de l’Ontario (ACÉPO), and Association franco-ontarienne des conseils scolaires catholiques (AFOCSC) adhere to these goals outlined in the legislation, through the lens of their respective organizations.

2. Identification of leadership competencies and practices needed to achieve the goals and actions that the director of education shall implement during the evaluation cycle to improve at least one of those competencies or practices.

3. One or more methods of determining whether the director of education successfully implemented the actions set out in the Performance Plan during the evaluation cycle, and measuring, qualitatively or quantitatively, the degree to which the actions achieved the goals.

4. Any additional appraisal elements determined by the committee with input from the director of education and, if the additional appraisal elements include additional goals, a list of the actions that the director of education will implement during the evaluation cycle to achieve these goals.

Step 1: Determination of the DPA Evaluation Cycle

The timing of DPA evaluation cycles is dependent on when the director of education has started in the position, as outlined in the following chart:

Start date of director of education	Start date of first full evaluation cycle*
Before March 1, 2024	July 1, 2024
On or after March 1, 2024, and on or before June 30, 2024	July 1, 2025
On or after July 1 in a year and on or before the last day of February in the following year	The first July 1 following their start date
On or after March 1 in a year and on or before June 30 in that same year	July 1 in the following calendar year

* After a director of education’s first evaluation cycle, performance appraisals will be conducted annually, by the dates identified in stages 1 through 4 of the full evaluation cycle.

Step 2: Director’s Performance Plan – Development and Planning

The director’s Performance Plan is to be completed by the director with input from the DPA Committee. Once the plan is developed, notice must be given to every member of the board and to the Minister of Education.

Task	Task Detail	Due By
Form a DPA Committee	DPA committee to be formed and chair selected (three to seven members).	May 15
Develop the Performance Plan	Committee chair and at least one other member to meet with director to develop and finalize the director’s Performance Plan. Director to complete the Performance Plan.	July 31
Notice of Performance Plan	DPA Committee chair to provide a copy of the director’s Performance Plan to every member of the board of trustees.	August 15
Attestation	The chair of the board is required to provide written notice to the Minister of Education, that includes the following information: Date that the director of education began their role Confirmation that the director’s Performance Plan has been put in place for the current evaluation cycle Confirmation as to whether bi-annual feedback will be required during the current evaluation cycle In addition, a copy of the confirmation is to be posted on the board’s website.	August 15

Step 3: Mid-year Feedback on the Performance Plan

The director of education will share with the board of trustees a mid-year update on their progress towards implementing and achieving the goals in the Performance Plan. There will then be an opportunity for all trustees of the board to provide informal feedback to the director, based on what the director shares with them. This feedback will support the progress towards the goals set as the year progresses.

Task	Task Detail	Due By
Notice from Minister (Bi-Annual Feedback Year)	In a bi-annual feedback year, the Minister of Education will give written notice as to whether or not they will provide feedback for the DPA.	December 1
Update on Performance Plan	Director to provide an update regarding the Performance Plan progress to the board (closed session). Identify reports provided to the board on key aspects of the work. This forms a significant part of the “evidence.”	Prior to January
Solicit Trustee Feedback	The committee chair to request feedback from all trustees on the director’s progress towards implementing and achieving the goals in the Performance Plan, with evidence. It is suggested that this aspect should be explicit and determined prior to receiving feedback otherwise some feedback could be considered irrelevant.	January 11
Collect Trustee Feedback	Each trustee provides feedback on the director’s update on the Performance Plan. This feedback should be collected by a neutral third party and not a staff member.	January 21
Progress Review	The committee chair and at least one committee member to meet with the director of education to review their progress toward implementing the actions and achieving the goals in the Performance Plan and to discuss other matters relevant to the Performance Plan.	January 31

Step 4: Bi-annual Feedback Collection

In a director of education’s first full evaluation cycle, and every second full evaluation cycle after that, bi-annual feedback for the performance appraisal of the director is to be requested from the list of persons noted in Ontario Regulation 83/24 section 8.(2) (referred to throughout this document as feedback groups)

Task	Task Detail	Due By
Select Entity (timeline is a recommendation)	Selection of an entity* to conduct feedback** at the outset of process	(start to consider by) August 15
Feedback	Entity to gather feedback***	April 30

*The board shall procure an entity that has at least five years of experience conducting multi-source executive performance assessments.

**Director and trustees should agree on areas of focus for the feedback and which questions go to which groups.

***It is helpful if the board and entity can agree on an efficient and cost-effective method in which to gather feedback and ensure that any method is equitable and accessible.

Step 5: Draft Performance Appraisal Report

Once gathered, the bi-annual feedback (if part of the evaluation cycle) will be analyzed and a report will be submitted from the consultant/entity to the Performance Appraisal Committee and the director of education.

The director of education will use this feedback to update their Performance Plan, and the process begins again with a draft copy of the updated plan being given to each member of the board for their feedback. This new Performance Plan will guide the work of the director and that of the board for the upcoming year.

Task	Task Detail	Due By
Feedback summary report	The selected entity is required to prepare a written report that summarizes and analyzes feedback and submits the report to the Performance Appraisal Committee and the director of education.	May 15
Director to update plan	The director of education will be required to update their Performance Plan showing progress in implementing the actions and achieving the goals set out in the plan.   It is suggested that this update could take the form of written description in the Performance Plan and/or could be done verbally prior to the trustees completing the final evaluation.	June 10
Draft performance appraisal to trustees	The Performance Appraisal Committee will update and prepare a draft performance appraisal report, including a performance rating*, and the committee chair will provide a copy of the draft to every member of the board.	June 20
Board member feedback	Each member of the board will be required to provide any feedback on the draft performance appraisal report to the committee.	June 30

*The performance rating is based on evaluating the director of education’s success in implementing the actions and achieving the goals set out in the performance plan developed. The rationale for rating is found in Ontario Regulation 83/24 section 10: performance appraisals and ratings.

Step 6: Final performance appraisal report

This is the final stage where the Performance Plan is finalized by the Performance Appraisal Committee in collaboration with the director of education. The Performance Appraisal Committee will then provide a final Performance Appraisal Report to the director and to the board, and a written confirmation of completion will be submitted to the Minister of Education.

Task	Task Detail	Due By
Draft to the director	The committee chair to provide draft Performance Appraisal Report for the interim or full evaluation cycle to the director.	July 7
Review with director	The committee chair and at least one other member are to meet with the director to review the actions taken by the director to achieve the goals outlined in the Performance Plan, review and update the plan for the following evaluation cycle, review and discuss the draft Performance Appraisal Report, and provide an opportunity to respond to the committee’s evaluation.	July 31
Finalize report	The Performance Appraisal Committee to finalize* and provide final Performance Appraisal Report to the director and to the board. **	August 10
Confirmation of Completion	The chair to submit a written confirmation to the Minister that the appraisal for the interim or full evaluation cycle, as applicable, was conducted and adopted by board resolution and outline the list of feedback groups that participated, or who were invited to participate, in the bi-annual feedback. The written confirmation and list of feedback groups must also be posted on the board website.	August 15

*The Performance Appraisal Committee finalizes the Performance Appraisal Report, taking into consideration:

1. the feedback from the members of the board and the director of education
2. the feedback set out in the report required by section 8, if applicable,
3. the information collected by the surveys required by subsection 169.1 (2.1) of the Act (e.g., on school climate, etc.) in respect of the evaluation cycle, if applicable.

**The director of education and the chair of the committee shall each sign the Performance Plan and each of them shall retain a copy for at least six years. It is recommended that the report be filed confidentially with Human Resources or in a confidential corporate space. 

Conclusion

Hiring a director of education is a huge responsibility for the board of trustees and one that needs to be thoughtfully considered. As the sole employee of the board who carries out the board’s MYSP, boards need knowledgeable and qualified directors to foster public confidence. They can support their directors through open and regular communication and can work collaboratively with their director during the appraisal process.

Prior to this Regulation, DPA processes were varied across school boards. The benefit of a more prescribed process for all boards provides trustees with confidence that the DPA process will lead to improvement strategies, more transparency, and enhance public confidence in education across the province.

When trustees work with their director of education to thoughtfully plan and implement the DPA process, the director will gain insights to improve personal leadership ultimately resulting in improvement across the entire district. The DPA process is a vital part of a school system’s commitment to shared goals, public trust, and clear direction.