Safe Schools Legislation
What Every Student and Parent Should Know About
Message to Students and Parents
In September, 2001, The Safe Schools Act came into effect in the Province of Ontario. This Act, now incorporated into The Education Act, establishes a province-wide code of conduct, with the following purposes:
• To ensure that all members of the school community, especially people in positions of authority, are treated with respect and dignity.
• To promote responsible citizenship by encouraging appropriate participation in the civic life of the school community.
• To maintain an environment where conflict and difference can be addressed in a manner characterized by respect and civility.
• To encourage the use of non-violent means to resolve conflict.
• To promote the safety of people in the schools.
• To discourage the use of alcohol and illegal drugs.
The Safe Schools Act specifies very clearly that Boards must suspend or expel students for certain violations. School Board policies have been amended or developed to reflect the new legislation. These requirements are also in addition to or included as part of each School’s Code of Behaviour. It is important that students, staff, and parents are familiar with the following key elements of the new legislation:
• the violations for which expulsion and suspension are MANDATORY (as defined by the Safe Schools Act);
• the violations for which expulsion and suspension are DISCRETIONARY (as defined by Board Policy and upheld by the Safe Schools Act);
• an identification of those who have the authority to suspend or expel;
• the ability of a teacher, principal, or school board to consider “mitigating factors” prior to applying a suspension or an expulsion;
• the definition and duration of suspensions and expulsions;
• the duty of a principal to conduct an Inquiry prior to expelling a student;
• the process to appeal suspensions and expulsions;
• new regulations regarding Appropriate Dress Policy and Access to School Premises.
Offenses Subject to Suspension
Mandatory Suspension
A student must be suspended for the following violations:
• Uttering a threat to inflict serious bodily harm on another person• Possessing alcohol or illegal drugs• Being under the influence of alcohol or drugs (5 day suspension, 1st offence)
• Swearing at a teacher or at another person in a position of authority• Committing an act of vandalism that causes extensive damage to school property or to property located on the premises of the pupil’s school
• Engaging in another activity that, under a policy of the Board, is one for which suspension is mandatory (e.g., smoking on school property-1 day suspension, 1st offence)• Engaging in an activity that is a mandatory expulsion offence under Board Policy (see Offenses Subject to Expulsion)
Discretionary Suspension
A student may be suspended for the following violations:
• Persistent truancy• Persistent opposition to authority• Habitual neglect of duty
• The wilful destruction of school property
• The use of profane or improper language• Conduct injurious to the moral tone of the school or to the physical or mental well-being of others in the school; specifically, (description of violation).
Offenses Subject to Expulsion
Mandatory Expulsion
A student must be expelled for the following violations:
• Possessing a weapon, including possessing a firearm• Using a weapon to cause or to threaten bodily harm to another person• Committing physical assault on another person that causes bodily harm requiring treatment by a medical practitioner• Committing sexual assault• Trafficking in weapons or in illegal drugs• Committing robbery
• Giving alcohol to a minor
Discretionary Expulsion
A student may be expelled for the following violations:
• The student’s pattern of behaviour is so harmful that the pupil’s presence is injurious to the effective learning and/or working environment of others.
• The student has engaged in activities:
a) that cause the student’s continuing presence in the school to be injurious to the physical or mental well-being of others in the school, or
b) that cause extensive damage to the property of the board or to goods that are on school board property.
• The student has demonstrated through a pattern of behaviour (e.g., neglect of duty, truancy or opposition to authority) that he/she has not prospered by the instruction available to him/her and that he/she is persistently resistant to making the changes in behaviour which would enable him/her to prosper.
Authority to Suspend
Prior to the Safe Schools Act, only the principal or vice-principal had the right to suspend. Under the new legislation, teachers now have the right to suspend, but only for a period of up to one day. Teachers may also refer the incident to the administration instead. Teachers must consult with principals prior to suspending a student.
Authority to Expel
Prior to the Safe Schools Act, only a Board of Education had the right to expel a student. Under the new legislation, the principal now has the right to expel a student from his or her school (called a “limited” expulsion). Principals must
consult with their superintendents/supervisors prior to expelling a student. Only the School Board can expel a student from the entire district (and province); this is called a “full” expulsion.
Mitigating Factors
The teacher, principal, or school board may take into consideration certain mitigating factors, as outlined by the Safe Schools Act, in order to forego a suspension or an expulsion.
Suspension
A student who is suspended cannot attend school or come on to School Board property for a stated period of time, which cannot exceed 20 days.
Limited Expulsion
A student who is serving a limited expulsion cannot attend the school from which he or she was expelled for a stated period of time. The minimum duration of a limited expulsion is 21 days and the maximum duration is one year.
Full Expulsion
A student who is serving a full expulsion cannot attend any school in the Province of Ontario for a stated period of time. The minimum duration of a full expulsion is 21 days and the maximum duration is one year. In addition, a student who is fully expelled cannot return to a school in Ontario unless he or she has successfully completed a strict discipline program facilitated by the School Board.
The Principal's Inquiry
When a student has committed a violation for which an expulsion is mandatory or discretionary, the principal will immediately suspend the student, pending an expulsion, and conduct an inquiry which consists of a thorough investigation of the incident(s).
Appeal Process
A parent/guardian, or a student who has reached the age of majority, can appeal, to the School Board, any suspension which is more than one day in duration. Where a principal has expelled a student (limited expulsion), an appeal can be directed to the School Board. Where a School Board has expelled a student (a limited or a full expulsion), the appeal is directed to a provincial body (the Child and Family Services Review Board). Prior to making an appeal, the parent/guardian or student must ask for a Review by the Superintendent/Supervisor of the student’s
school.
Appropriate Dress Policy
Under the Safe Schools Act, School Boards developed policies which would enable parents to determine the dress codes in their schools. The policy (policy E-23 in the Limestone District Board of Education) explains the process by which parents can develop these policies.
Access to Premises
The Safe Schools Act further extends the powers (beyond the Trespass to Property Act) of school administrators to deny admission or to eject persons from school property. The Act states: “A principal/vice-principal may direct a person to leave the school premises if the principal believes that the person is prohibited by regulation or under a board policy from being there, or if his or her presence is detrimental to the safety or well-being of a person on the premises, in the judgment of the principal, a vice-principal, or another person authorized by the board to make such a determination.” Currently, all schools have policies which communicate procedures for visitors to report their presence and gain permission to be on school property.
Please feel free to call your school or the Superintendent in charge of Safe Schools at the Board of Education, 544-6925, Extension 229, if you require further information.
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Safe Schools
Ministry of Education
