Student Absenteeism and Protection Act, 2018 Hoggarth, Ann — Bill 198 (41st Parliament, 2nd Session)

Bill 198, 41-2

Ontario — Bills

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Bill 198, Student Absenteeism and Protection Act, 2018

Hoggarth, Ann

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Acts affected

Original

[41] Bill 198 Original (PDF)

EXPLANATORY

NOTE

The

Bill amends the Child, Youth and Family Services Act, 2017

and the Education Act with respect to children who

are habitually absent from or late arriving to school.

Habitual

absenteeism or lateness is added to the Child, Youth and

Family Services Act, 2017 as a circumstance in which a child is

considered to be in need of protection. This circumstance would also trigger

the duty of any person to report suspicion that a child is in need of

protection. The duty to report would also be triggered where a child has been

withdrawn from school in order to avoid the scrutiny of a children's aid

society.

The

Education Act is amended to impose a duty on the

principal of a school to report to a children's aid society regarding habitual

absenteeism or lateness.

Bill 198 2018

Act to amend the Child, Youth and Family Services Act, 2017 and the Education

Act to protect students who are habitually absent from or late arriving to school

Preamble

Habitual

absenteeism, lateness or a combination of both may be an early indicator that a

school age child is suffering from abuse or neglect and may be in need of

protection. Students who are habitually absent from or late arriving to school

often end up failing to complete school, reducing their chances of future

success. In circumstances where the school is unable to resolve habitual

absenteeism or lateness, it would be beneficial to the child for a children's

aid society to investigate the situation. Improving communication between

education workers and child protection workers would put the best interests of

the child at the forefront and increase the likelihood of better outcomes for

children and their families.

Therefore,

Her Majesty, by and with the advice and consent of the Legislative Assembly of

the Province of Ontario, enacts as follows:

Child,

Youth and Family Services Act, 2017

(1) Subsection 74 (2) of the Child, Youth and

Family Services Act, 2017 is amended by striking out "or" at the end of

clause (

n) and by adding the following clause:

(n.1) subject

to subsection (2.1), the child is of compulsory school age and has been

habitually absent from or late arriving to school for more than 40 days in a

school year without being excused from attendance in accordance with the Education Act ; or

(2) Section

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

Absenteeism

or lateness, child enrolled in school

(2.1) A

child who meets the criteria described in clause (2) (n.1) is in need of

protection only if one of the following circumstances applies:

1. The

school principal, a school attendance counsellor or other person designated by

the school principal has met with the child and the child's parent or the

person having charge of the child to address the absenteeism or lateness, but the

habitual absenteeism or lateness persists.

2. The

school principal, a school attendance counsellor or other person designated by

the principal has attempted to meet with the child and the child's parent or

the person having charge of the child to address the absenteeism or lateness, but

has been unable to meet.

Subsection 125 (1) of the Act is amended by adding the following paragraphs:

14. The

child is of compulsory school age and has been habitually absent from or late arriving

to school for more than 40 days in a school year without being excused from

attendance in accordance with the Education Act and one of the

circumstances described in paragraph 1 or 2 of subsection 74 (2.1) of this Act applies.

15. The

child is of compulsory school age and has been withdrawn from a school for the

purposes of avoiding scrutiny from a society.

Education

Act

Section 28 of the Education Act is amended by

adding the following subsections:

Report

to children's aid society

(3) Subject

to subsection (4), the principal of every elementary or secondary school shall report

to a children's aid society the name, age and residence of a pupil of

compulsory school age who has been habitually absent from or late arriving to

school for more than 40 days in a school year without being excused from

attendance in accordance with this Act.

Same

(4) Subsection

(3) applies if one of the following circumstances applies:

1. The

principal, a school attendance counsellor or other person designated by the

principal has met with the pupil and his or her parents or guardians to address

the absenteeism or lateness, but the habitual absence or lateness persists.

2. The

principal, a school attendance counsellor or other person designated by the

principal has attempted to meet with the pupil and his or her parents or

guardians to address the absenteeism or lateness, but has been unable to meet.

Regulations

(5) The

Minister may make regulations requiring boards to notify a principal when a child

of compulsory school age has been habitually absent from or late arriving to

school for more than 40 days in a school year.

Commencement

and

Short Title

Commencement

(1) Subject to subsections (2) and (3), this Act comes into force on

the day it receives Royal Assent.

(2) Section

1 comes into force on the day

section 74 of

Schedule 1 to the Supporting Children, Youth and Families Act, 2017 comes

into force.

(3) Section

2 comes into force on the day

section 125 of

Schedule 1 to the Supporting Children, Youth and Families Act, 2017 comes

into force.

Short

title

The

short title of this Act is the Student Absenteeism and

Protection Act, 2018 .

Date Bill stage Activity Committee

March 8, 2018

Ordered referred to Standing Committee

Standing Committee on Regulations and Private Bills

March 8, 2018

Second Reading

Carried on division

March 8, 2018

Second Reading

Debate

February 21, 2018

First Reading

Carried

Debates and Progress

First Reading

February 21, 2018

Committee

Second Reading

March 8, 2018

Ms. Ann Hoggarth, Mr. Lorne Coe, Mr. Wayne Gates, Mr. Yvan Baker, Mrs. Gila Martow, Mr. Percy Hatfield, Mr. Mike Colle

March 8, 2018

Carried on division. Referred to the Standing Committee on Regulations and Private Bills.

Committee

Standing Committee on Regulations and Private Bills

Third Reading

Royal Assent

Acts affected - Bill 198

Most Ontario public acts are available electronically; to view copies of the Acts to be amended by this bill visit e-laws

Child, Youth and Family Services Act, 2017

Education Act

Legislative Assembly of Ontario

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Document details

Collection	Ontario — Bills
Citation	Bill 198, 41-2
Type	bill
Volume / chapter	p41 s2 bill 198 html
Language	en
Format	html
Source	PROVINCIAL
Identifier	8deb7dc0de253e0a4e6767e6fa236607e2af0b72

Source file is stored in the law ingest library (html).