Education Amendment Act (Progressive Discipline and School Safety), 2007 Wynne, Hon. Kathleen O. Minister of Education — Bill 212 (38th Parliament, 2nd Session)

Bill 212, 38-2

Ontario — Bills

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Bill 212, Education Amendment Act (Progressive Discipline and School Safety), 2007

Wynne, Hon. Kathleen O. Minister of Education

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As Amended by Standing Committee

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[38] Bill 212 Royal Assent (PDF)

Bill 212 2007

An Act to amend the Education Act in

respect of behaviour, discipline and safety

Note:

This Act amends the Education Act . For the

legislative history of the Act, see Public Statutes – Detailed Legislative

History on www.e-Laws.gov.on.ca.

Her

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

Section

300 of the Education Act is amended by

adding the following subsection:

Receipt

of notice

(3) Where notice is given to a person under this Part, it

shall be considered to have been received by the person in accordance with the

following rules:

1. If

the notice is sent by mail or another method in which an original document is

sent, the notice shall be considered to have been received by the person to

whom it was sent on the fifth school day after the day on which it was sent.

2. If

the notice is sent by fax or another method of electronic transmission, the

notice shall be considered to have been received by the person to whom it was

sent on the first school day after the day on which it was sent.

Section

301 of the Act is amended by adding the following subsection:

Same,

procedural matters

(6.1) The Minister may establish policies and guidelines

with respect to,

(

a) appeals

of a decision to suspend a pupil;

(

b) principals'

investigations to determine whether to recommend that a pupil be expelled; and

(

c) expulsion

hearings.

3. (1) Subsection

302 (6) of the Act is repealed and the following substituted:

Same,

procedural matters

(6) A board shall establish policies and guidelines

governing,

(

a) appeals

of a decision to suspend a pupil;

(

b) principals'

investigations to determine whether to recommend that a pupil be expelled; and

(

c) expulsion

hearings.

Same

(6.1) If the Minister has established policies and guidelines

under subsection 301 (6.1), a board's policies and guidelines under subsection

(6) must address such matters and include such requirements as specified by the

Minister.

(2) Section 302 of the Act is amended by adding the

following subsection:

Communication

of policies

(9.1) A board shall ensure that a copy of the policies and

guidelines it establishes under subsections (1) and (2) are available to the

public.

4. Sections

306 to 311 of the Act are repealed and the following substituted:

Suspension

Activities

leading to possible suspension

(1) A

principal shall consider whether to suspend a pupil if he or she believes that

the pupil has engaged in any of the following activities while at school, at a

school-related activity or in other circumstances where engaging in the

activity will have an impact on the school climate:

1. Uttering

a threat to inflict serious bodily harm on another person.

2. Possessing

alcohol or illegal drugs.

3. Being

under the influence of alcohol.

4. Swearing

at a teacher or at another person in a position of authority.

5. Committing

an act of vandalism that causes extensive damage to school property at the

pupil's school or to property located on the premises of the pupil's school.

6. Bullying.

7. Any

other activity that is an activity for which a principal may suspend a pupil

under a policy of the board.

Factors

principal must consider

(2) In considering whether to suspend a pupil for engaging

in an activity described in subsection (1), a principal shall take into account

any mitigating or other factors prescribed by the regulations.

Suspension

(3) If a principal decides to suspend a pupil for engaging

in an activity described in subsection (1), the principal shall suspend the

pupil from his or her school and from engaging in all school-related

activities.

Duration

of suspension

(4) A suspension under this

section shall be for no less

than one school day and no more than 20 school days and, in considering how

long the suspension should be, a principal shall take into account any

mitigating or other factors prescribed by the regulations.

Assignment

to program, etc.

(5) When a principal suspends a pupil under this section,

he or she shall assign the pupil to a program for suspended pupils in

accordance with any policies or guidelines issued by the Minister.

Policies

and guidelines

(6) The Minister may issue policies and guidelines to

boards to assist principals in interpreting and administering this section.

School-related

activities

(7) A pupil who is suspended is not considered to be

engaged in school-related activities by virtue of participating in a program

for suspended pupils.

Only

one suspension per occurrence

307. A principal may not suspend a pupil under

section 306 more

than once for the same occurrence.

Notice

of suspension

(1) A principal who suspends a

pupil under

section 306 shall,

(

a) inform the pupil's teacher of

the suspension; and

(

b) make all reasonable efforts

to inform the pupil's parent or guardian of the suspension within 24 hours of

the suspension being imposed, unless,

(

i) the pupil is at

least 18 years old, or

(ii) the pupil is 16 or

17 years old and has withdrawn from parental control.

Same

(2) A

principal who suspends a pupil under

section 306 shall ensure that written

notice of the suspension is given promptly to the following persons:

1. The

pupil.

2. The

pupil's parent or guardian, unless,

i. the

pupil is at least 18 years old, or

ii. the

pupil is 16 or 17 years old and has withdrawn from parental control.

3. Such

other persons as may be specified by board policy.

Contents

of notice

(3) The notice under subsection (2) must include the

following:

1. The

reason for the suspension.

2. The

duration of the suspension.

3. Information

about any program for suspended pupils to which the pupil is assigned.

4. Information

about the right to appeal the suspension under

section 309, including,

i. a copy of the board

policies and guidelines governing the appeal established by the board under

subsection 302 (6), and

ii. the

name and contact information of the supervisory officer to whom notice of the appeal

must be given under subsection 309 (2).

Appeal

of suspension

(1) The following persons may appeal, to the

board, a principal's decision to suspend a pupil under

section 306:

1. The

pupil's parent or guardian, unless,

i. the

pupil is at least 18 years old, or

ii. the

pupil is 16 or 17 years old and has withdrawn from parental control.

2. The

pupil, if,

i. the

pupil is at least 18 years old, or

ii. the

pupil is 16 or 17 years old and has withdrawn from parental control.

3. Such

other persons as may be specified by board policy.

Board

designate

(2) Every board shall designate a supervisory officer for

the purposes of receiving notices of intention to appeal a suspension.

Notice

of appeal

(3) A person who is entitled to appeal a suspension under

subsection (1) must give written notice of his or her intention to appeal to

the supervisory officer designated by the board within 10 school days of the commencement

of the suspension.

Board

to inform all parties

(4) After receiving a notice of intention to appeal under

subsection (3), the board shall promptly contact every person entitled to

appeal the suspension under subsection (1) and inform him or her that it has

received the notice of intention to appeal.

Party

may contact supervisory officer

(5) A person who has given notice of intention to appeal

under subsection (3) may contact the supervisory officer designated under

subsection (2) to discuss any matter respecting the appeal of the suspension

and, for the purposes of this section, the supervisory officer has the powers

and duties set out in board policy.

Hearing

of appeal

(6) The board shall hear and determine the appeal within

15 school days of receiving notice under subsection (3), unless the parties

agree on a later deadline, and shall not refuse to deal with the appeal on the

ground that there is a deficiency in the notice of appeal.

Appeal

process

(7) Subject to this section, an appeal shall be conducted

in accordance with the requirements established by board policy.

Parties

to appeal

(8) The parties to the appeal are:

1. The

principal who suspended the pupil.

2. The

pupil, if,

i. the

pupil is at least 18 years old, or

ii. the

pupil is 16 or 17 years old and has withdrawn from parental control.

3. The pupil's parent or

guardian, if the pupil's parent or guardian appealed the decision to suspend

the pupil.

4. The

person who appealed the decision to suspend the pupil, if the decision was

appealed by a person other than the pupil or the pupil's parent or guardian.

5. Such

other persons as may be specified by board policy.

Pupil

may attend

(9) A pupil who is not a party to the appeal under subsection

(8) has the right to be present at the appeal and to make a statement on his or

her own behalf.

Powers

on appeal

(10) The board shall,

(

a) confirm

the suspension and the duration of the suspension;

(

b) confirm

the suspension, but shorten its duration, even if the suspension that is under

appeal has already been served, and order that the record of the suspension be

amended accordingly; or

(

c) quash

the suspension and order that the record of the suspension be expunged, even if

the suspension that is under appeal has already been served.

Decision

final

(11) The decision of the board on an appeal under this

section is final.

Committee

(12) The board may authorize a committee of at least three

members of the board to exercise and perform powers and duties on behalf of the

board under this section, and may impose conditions and restrictions on the committee.

Suspension,

Investigation and Possible Expulsion

Activities

leading to suspension

(1) A

principal shall suspend a pupil if he or she believes that the pupil has

engaged in any of the following activities while at school, at a school-related

activity or in other circumstances where engaging in the activity will have an

impact on the school climate:

1. Possessing

a weapon, including possessing a firearm.

2. Using

a weapon to cause or to threaten bodily harm to another person.

3. Committing

physical assault on another person that causes bodily harm requiring treatment

by a medical practitioner.

4. Committing

sexual assault.

5. Trafficking

in weapons or in illegal drugs.

6. Committing

robbery.

7. Giving

alcohol to a minor.

8. Any other activity that,

under a policy of a board, is an activity for which a principal must suspend a

pupil and, therefore in accordance with this Part, conduct an investigation to

determine whether to recommend to the board that the pupil be expelled.

Same

(2) A pupil who is suspended under this

section is suspended

from his or her school and from engaging in all school-related activities.

Duration

of suspension

(3) A principal may suspend a pupil under this

section for

up to 20 school days and, in considering how long the suspension should be, the

principal shall take into account any mitigating or other factors prescribed by

the regulations.

Assignment

to program, etc.

(4) When a principal suspends a pupil under this section,

he or she shall assign the pupil to a program for suspended pupils in

accordance with any policies or guidelines issued by the Minister.

Notice

of suspension

(1) A principal who suspends a

pupil under

section 310 shall,

(

a) inform

the pupil's teacher of the suspension; and

(

b) make

all reasonable efforts to inform the pupil's parent or guardian of the

Document details

Collection	Ontario — Bills
Citation	Bill 212, 38-2
Type	bill
Volume / chapter	p38 s2 bill 212 html
Language	en
Format	html
Source	PROVINCIAL
Identifier	5190e5d18989cecfda9e70d2d1715ebbbee58653

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