Accepting Schools Act, 2012 Broten, Hon. Laurel C. Minister of Education — Bill 13 (40th Parliament, 1st Session)

Bill 13, 40-1

Ontario — Bills

role="main" class="main-container container js-quickedit-main-content" id="main-content">

Bill 13, Accepting Schools Act, 2012

Broten, Hon. Laurel C. Minister of Education

Please select

View bill

Status

Debates

Acts affected

Original

As Amended by Standing Committee

Royal Assent

[40] Bill 13 Royal Assent (PDF)

Bill 13 2012

An Act to amend the Education Act

with respect to bullying and other matters

Note:

This Act amends the Education Act . For the legislative history of the

Act, see the Table of Consolidated Public Statutes – Detailed Legislative

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

Preamble

The people of Ontario and the

Legislative Assembly:

Believe that education plays a

critical role in preparing young people to grow up as productive, contributing

and constructive citizens in the diverse society of Ontario;

Believe that all students should

feel safe at school and deserve a positive school climate that is inclusive and

accepting, regardless of race, ancestry, place of origin, colour, ethnic

origin, citizenship, creed, sex, sexual orientation, gender identity, gender

expression, age, marital status, family status or disability;

Believe that a healthy, safe and

inclusive learning environment where all students feel accepted is a necessary

condition for student success;

Understand that students cannot be

expected to reach their full potential in an environment where they feel

insecure or intimidated;

Believe that students need to be

equipped with the knowledge, skills, attitude and values to engage the world

and others critically, which means developing a critical consciousness that

allows them to take action on making their schools and communities more equitable

and inclusive for all people, including LGBTTIQ (lesbian, gay, bisexual, transgender,

transsexual, two-spirited, intersex, queer and questioning) people;

Recognize that a whole-school

approach is required, and that everyone - government, educators, school staff,

parents, students and the wider community - has a role to play in creating a

positive school climate and preventing inappropriate behaviour, such as bullying,

sexual assault, gender-based violence and incidents based on homophobia,

transphobia or biphobia;

Acknowledge that an open and ongoing

dialogue among the principal, school staff, parents and students is an

important component in creating a positive school climate in which everyone

feels safe and respected;

Acknowledge that there is a need for

stronger action to create a safe and inclusive environment in all schools, and

to support all students, including

both students who are impacted by and students who have engaged in inappropriate

behavior, to assist

them in developing healthy relationships, making good choices, continuing their

learning and achieving success .

Therefore, Her Majesty, by and with

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

1. (1) Subsection 1 (1) of the Education Act is amended by adding the following

definition:

"bullying" means aggressive and

typically repeated behaviour by a pupil where,

(

a) the behaviour is intended by the pupil to have the

effect of, or the pupil ought to know that the behaviour would be likely to

have the effect of,

(

i) causing harm, fear or distress to another individual,

including physical, psychological, social or academic harm, harm to the individual's

reputation or harm to the individual's property, or

(ii) creating a negative environment at a school for

another individual, and

(

b) the behaviour occurs in a context where there is a real

or perceived power imbalance between the pupil and the individual based on

factors such as size, strength, age, intelligence, peer group power, economic

status, social status, religion, ethnic origin, sexual orientation, family

circumstances, gender, gender identity, gender expression, race, disability or

the receipt of special education; ("intimidation")

(2) Section 1 of the

Act is amended by adding the following subsections:

Bullying

(1.0.0.1) For the

purposes of the definition of "bullying" in subsection (1), behaviour includes

the use of any physical, verbal, electronic, written or other means.

Cyber-bullying

(1.0.0.2) For the

purposes of the definition of "bullying" in subsection (1), bullying includes

bullying by electronic means (commonly known as cyber-bullying), including,

(

a) creating a web page or a blog in which the creator

assumes the identity of another person;

(

b) impersonating another person as the author of content

or messages posted on the internet; and

(

c) communicating

material electronically to more than one individual or posting material on a

website that may be accessed by one or more individuals.

(1) Paragraph

29.1 of subsection 8 (1) of the Act is repealed and the following substituted:

equity

and inclusive education

29.1 require

boards to develop and implement an equity and inclusive education policy, and,

if required by the Minister, submit the policy to the Minister and implement

changes to the policy as directed by the Minister;

(2) Subsection

8 (1) of the Act is amended by adding the following paragraph:

surveys

under s. 169.1 (2.1)

31. establish

policies and guidelines respecting the surveys referred to in subsection 169.1

(2.1);

(1) Subsection

169.1 (1) of the Act is amended by adding the following clauses:

(a.1) promote a positive

school climate that is inclusive and accepting of all pupils, including pupils

of any race,

ancestry, place of origin, colour, ethnic origin, citizenship, creed, sex,

sexual orientation, gender identity, gender expression, age, marital status, family status

or disability ;

(a.2) promote the

prevention of bullying;

(2) Section

169.1 of the Act is amended by adding the following subsections:

School climate surveys

(2.1) In fulfilling its duties under clause (1) (

e) with

respect to the effectiveness of policies developed by the board to promote the

goals referred to in clauses (1) (a.1) and (a.2), every board shall use surveys

to collect information from its pupils and staff, and parents and guardians of

its pupils at least once every two years in accordance with any policies and

guidelines made under paragraph 31 of subsection 8 (1).

Same

(2.2) In collecting

information under subsection (2.1), a board shall not collect any name or any

identifying number, symbol or other particular assigned to a person.

4. Subsection 170 (1) of the Act is amended by adding

the following paragraph:

professional development programs, bullying and

school climate

7.1 establish and provide annual

professional development programs to educate teachers and other staff of the

board about bullying prevention and strategies for promoting positive school

climates;

5. Subsection

170 (1) of the Act is amended by adding the following paragraph:

programs, interventions and other supports, bullying

7.2 provide programs,

interventions or other supports for pupils who have been bullied, pupils who

have witnessed incidents of bullying and pupils who have engaged in bullying,

and the programs, interventions and other supports may be provided by social

workers, psychologists or other professionals who have training in similar

fields, as determined by the board;

6. The Act is

amended by adding the following section:

Purpose

300.0.1 The

purposes of this

Part include the following:

1. To create schools in Ontario

that are safe, inclusive and accepting of all pupils.

2. To encourage a positive school

climate and prevent inappropriate behaviour, including bullying, sexual

assault, gender-based violence and incidents based on homophobia, transphobia

or biphobia.

3. To address inappropriate pupil

behaviour and promote early intervention.

4. To provide support to pupils who

are impacted by inappropriate behaviour of other pupils.

5. To establish disciplinary

approaches that promote positive behaviour and use measures that include

appropriate consequences and supports for pupils to address inappropriate

behaviour.

6. To provide pupils with a safe

learning environment.

7. The Act is amended by

adding the following section:

Bullying Awareness and Prevention Week

300.0.2

(1) The

week beginning on the third Sunday in November in each year is proclaimed as

Bullying Awareness and Prevention Week.

Same, purpose

(2) The purpose of

subsection (1) is to promote awareness and understanding of bullying and its

consequences in the school community.

(1) Section

300.2 of the Act is amended by striking out "as soon as reasonably possible".

(2) Section

300.2 of the Act is amended by adding the following subsections:

Same

(2) An employee shall report to the principal as soon as

reasonably possible or, if a different time period is specified by the policies

or guidelines, within that time period.

Principal's duty to investigate

(3) A principal shall investigate any matter reported

under subsection (1).

Informing reporter

(4) After investigating a matter reported under subsection

(1), the principal shall communicate the results of the investigation to,

(

a) if the matter was

reported by a teacher, that teacher; or

(

b) if the matter was

reported by an employee who is not a teacher, that employee unless, in the

principal's opinion, it would not be appropriate to do so.

Same

(5) The principal shall not disclose more personal

information under subsection (4) than is reasonably necessary for the purpose

of communicating the results of the investigation.

(1) Subsection

300.3 (1) of the Act is repealed and the following substituted:

Notice to parent or guardian

(1) Subject to

subsections (2) and (3), if the principal of a school believes that a pupil of

the school has been harmed as a result of an activity described in subsection

306 (1) or 310 (1), the principal shall, as soon as reasonably possible,

notify,

(

a) the parent or

guardian of the pupil who the principal believes has been harmed; and

(

b) the parent or

guardian of any pupil of the school who the principal believes has engaged in

the activity that resulted in the harm.

(2) Subsection 300.3 (4)

of the Act is repealed and the following substituted:

Same

(4) When

notifying a parent or guardian of a pupil under clause (1) (a), the principal

shall disclose,

(

a) the nature of the activity that resulted in harm to the

pupil;

(

b) the nature of the harm to the pupil;

(

c) the steps taken to protect the pupil's safety, including

the nature of any disciplinary measures taken in response to the activity; and

(

d) the supports that will be provided for the pupil in

response to the harm that resulted from the activity.

(3) Subsection 300.3 (5)

of the Act is amended by striking out "under this section" and substituting "of

a pupil under clause (1) (a)".

(4) Section 300.3 of the

Act is amended by adding the following subsections:

Same

(6) When notifying a

parent or guardian of a pupil under clause (1) (b), the principal shall

disclose,

(

a) the nature of the activity that resulted in harm to the

other pupil;

(

b) the nature of the harm to the other pupil;

(

c) the nature of any disciplinary measures taken in

response to the activity; and

(

d) the supports that will be provided for the pupil in

response to his or her engagement in the activity.

Same

(7) When

notifying a parent or guardian of a pupil under clause (1) (b), the principal

shall not disclose the name of or any other identifying or personal information

about a pupil who has been harmed as a result of the activity, except in so far

as is necessary to comply with subsection (6).

Parent's right to provide comments

(8) When notifying a

parent or guardian under this section, the principal shall invite the parent or

guardian to have a discussion with the principal about the supports that will

be provided for his or her child.

10. (

Document details

Collection	Ontario — Bills
Citation	Bill 13, 40-1
Type	bill
Volume / chapter	p40 s1 bill 13 html
Language	en
Format	html
Source	PROVINCIAL
Identifier	c65076a01fa5387cf8da24599c41ce186c4adb41

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