In the 38th Parliament Fleming was the New Democrat critic for Advanced Education, sat on the Select Standing Committee on Education, and introduced two education-related private member bills: the "Private Post-Secondary Accountability and Student Protection Act, 2007" and the "Restoring Credibility to Universities Act, 2008". He was also assigned to the Select Standing Committee on Public Accounts and introduced the "Payday Lending Act, 2006" which sought to regulate the conditions of payday loans and led to the government adopting the "Business Practices and Consumer Protection (Payday Loans) Amendment Act" a year later.