Safe Schools Act, 1998 Newman, Dan — Bill 21 (36th Parliament, 2nd Session)

Bill 21, 36-2

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Bill 21, Safe Schools Act, 1998

Newman, Dan

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B021_E

Bill 21 1998

An Act to promote Safety in Ontario Schools and create positive Learning

Environments for Ontario Students by making amendments to the Education

Act

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

Assembly of the Province of Ontario, enacts as follows:

1. Subsection 8 (1) of the Education Act, as amended by

the Statutes of Ontario, 1991,

chapter 10,

section 1, 1992,

chapter 16,

section 2, 1992,

chapter 27,

section 59, 1993,

chapter 11,

section 10, 1995,

chapter 4,

section 2, 1996,

chapter 11,

section 29, 1996,

chapter 12,

section

64, 1997,

chapter 16,

section 5 and 1997,

chapter 31,

section 6, is further

amended by adding the following paragraphs:

records

27.3 issue guidelines respecting records for the purposes of subsection 50

(7);

safe school programs

27.4 issue guidelines for the development and implementation of safe

school programs under

section 301;

school codes of conduct

27.5 issue guidelines respecting school codes of conduct under subsection

302 (1);

development and implementation of policies by boards

27.6 issue guidelines for the development and implementation of policies

by boards under subsections 303 (1) and 305 (1);

appeals

27.7 issue guidelines respecting appeals under subsection 306 (8);

training

27.8 issue guidelines respecting training under

section 307;

conduct of principals

27.9 issue guidelines for the conduct of principals acting under

section

Section 23 of the Act, as amended by the Statutes of Ontario,

1993,

chapter 11,

section 12, is further amended by adding the following

subsections:

Exclusion

(2.3) A principal may exclude a pupil from attending regular classes, if,

in the principal's opinion,

(

a) there is a serious risk of the pupil engaging in dangerous

conduct;

(

b) the pupil's conduct is detrimental to the safety and security of other

pupils or staff of the school; or

(

c) grounds for exclusion exist as set out in

section 50 or

Part XIII.

Direction

(2.4) Where a principal has excluded a pupil under subsection (2.3), the

principal shall direct the excluded pupil to attend an alternative education

program provided by the board under

section 313 forthwith, and the principal

shall provide the pupil and his or her parents or guardians with information

about the alternative education program.

Failure to attend

(2.5) Section 30 applies to a pupil who is directed to attend an

alternative education program, and a pupil who is 16 years of age or older

who fails to comply with a direction under subsection (2.4) shall be

considered to have voluntarily withdrawn from school.

Period of exclusion

(2.6) A pupil who has been excluded under subsection (2.3) shall not be

permitted to attend regular classes, until he or she has satisfied the

principal, the appropriate supervisory officer and the appropriate school

guidance counsellor or other appropriate resource person employed by the

board that,

(

a) the pupil has received training, therapy, or counselling, which may

include, but is not limited to, attendance at an alternative education

program, or that the pupil has had the benefit of other life experiences;

and

(

b) the pupil is unlikely to engage in dangerous conduct, or commit

conduct similar to that for which he or she was excluded.

Notice and appeal

(2.7) Where a principal has excluded a pupil under subsection (2.3),

subsections (1.2), (2) and (2.1) apply with necessary modifications.

Review

(2.8) Where a principal has excluded a pupil under subsection (2.3), the

principal shall ensure that a guidance counsellor or other appropriate

resource person employed by the board reviews the circumstances of the

exclusion and monitors the pupil's progress in the alternative education

program.

Exclusion applies to all boards

(2.9) Where a principal has excluded a pupil under subsection (2.3), no

other board may admit that pupil to regular classes unless it is satisfied

that the pupil has met the criteria set out in subsection (2.6).

Section 50 of the Act, as re-enacted by the Statutes of

Ontario, 1997,

chapter 31,

section 27, is repealed and the following

substituted:

Definition

(1) In this section,

visitor" means any person who enters a school site who,

(

a) is not employed at that school site,

(

b) is not a pupil at that school site, or a parent or guardian of a pupil

at that school site,

(

c) is not a police officer or other person involved in emergency services

work, acting in the course of his or her duty, or

(

d) has not received permission in advance from the principal to enter the

school site.

Duty to report

(2) Every visitor shall immediately report to the principal's office for

permission to visit the school site or else leave the school site.

Requirement to leave

(3) Every person who is denied permission to visit the school site shall

immediately leave.

Entry while suspended, excluded or expelled

(4) While suspended, excluded or expelled under this Act, a pupil may not

enter any school site, whether or not it is the property of the board of the

school from which the pupil was suspended, excluded or expelled, without the

principal's permission, obtained in advance, except to attend an alternative

education program.

Offences

(5) Every person who contravenes subsection (2), (3) or (4) is guilty of

an offence, and on conviction is liable to punishment as follows:

1. In the case of a person 16 years of age or older,

i. for a first offence, a fine not exceeding $200,

ii. for a second offence, a fine not exceeding $500, and

iii. for a third or subsequent offence, a fine not exceeding $1,000.

2. In the case of a person over 11 but under 16 years of age,

i. for a first offence, a fine not exceeding $200, and

ii. for a second or subsequent offence, a fine not exceeding $300.

Punishment by principal

(6) Where a principal becomes aware that a pupil has contravened

subsection (2), (3) or (4), the principal shall take action in accordance

with the following rules:

1. In the case of a first offence by a pupil over 11 years of age, the

principal shall suspend the pupil for not more than 20 days.

2. In the case of a second or subsequent offence by a pupil over 11 years

of age, the principal shall exclude the pupil from regular classes and direct

the pupil to attend an alternative education program in accordance with

subsection 23 (2.3).

3. In the case of an offence by a pupil under 12 years of age, the

principal shall take such action as seems appropriate, including the

application of any penalties that would be available under the school's

anti-bullying policy under

section 305.

Report

(7) Where a principal has taken any action under subsection (6), the

principal shall, in accordance with any guidelines issued by the Minister,

make a report of the matter on the pupil's record under clause 265 (d), where

the report shall remain for five years, unless the report is ordered removed

on an appeal to the board under subsection 23 (2.7).

Report to home school

(8) Where a pupil contravenes subsection (2), (3) or (4) at a school site,

other than the school site where he or she normally attends school, the

principal at the school site shall report the matter to the principal at the

pupil's normal school, who shall take any action required by this

section.

4. The Act is amended by adding the following Part:

PART XIII

SAFE SCHOOLS

Definitions

300. In this Part,

board employee" means a person employed in any capacity by a board;

("employé du conseil")

exclude" means to exclude under subsection 23 (2.3). ("exclure")

Safe School Programs, School Codes Of Conduct, And Other School Safety

Issues

Safe school programs

(1) Every board or principal, or both, as is

appropriate under the circumstances, shall develop and implement the

following safe school programs, in accordance with any guidelines issued by

the Minister:

1. A school watch program.

2. A program for an annual school safety audit to inspect and report on

improvements necessary in school safety programs and school facilities and

physical structures.

3. An emergency/crisis response protocol.

4. A community/school policing program, which shall include regular visits

from local police officers.

What to be included

(2) Safe school programs must include measurable objectives for improving

school safety and order and a procedure to provide a public report card on an

annual basis to demonstrate whether the measurable objectives are being

met.

Consultation

(3) In developing the safe school programs, the principal shall consult

with the school council established under paragraph 17.1 of subsection 170

(1), and with the police service, fire department and ambulance service that

have jurisdiction in the area.

Annual review

(4) The principal and school council shall review the safety programs

annually.

Code of conduct

(1) Every principal shall develop and implement a

school code of conduct, in accordance with any guidelines issued by the

Minister.

Contents of code

(2) The school code of conduct implemented under subsection (1) may

include, without being limited to, any of the following:

1. A ban on the use of cellular phones and pagers by pupils on school

sites, on school buses and at school-sponsored functions.

2. A ban on wearing hats, hoods or other items that cover the head or face

while in school buildings, except for religious or medical reasons.

3. A ban on the use or possession of illegal drugs, alcohol and tobacco on

school sites, on school buses and at school-sponsored functions.

4. A ban on gang paraphernalia on school sites, on school buses and at

school-sponsored functions.

5. Policies regarding school parking permits, means of identifying pupils

and school uniforms.

Reporting procedures

(3) The school code of conduct must include procedures for the reporting

of incidents that contravene the code to the principal, and procedures for

the principal to report those incidents to the police or to a parent or

guardian, as is appropriate in the circumstances.

Code to be flexible

(4) The school code of conduct shall give the principal flexibility in the

imposition of penalties and provide for progressive discipline, including

possible suspension or exclusion under

section 23.

Consultation

(5) In developing a school code of conduct, the principal shall consult

with the school council established under paragraph 17.1 of subsection 170

(1) and with any police services having jurisdiction in the area served by

the school.

Anti-vandalism policy

(1) Every board shall develop and implement an

anti-vandalism policy in accordance with any guidelines issued by the

Minister.

Contents

(2) The policy shall,

(

a) provide for mandatory reporting of all incidents of vandalism to the

principal by board employees and for mandatory reporting of those incidents

by the principals to parents or guardians of the pupils who commit the

vandalism;

(

b) in the case of less serious vandalism,

(

i) give the principal flexibility in the imposition of penalties and

provide for progressive discipline, including possible suspension under

section 23, and

(ii) allow the principal to require that the pupil make restitution or

perform community service as the principal directs;

(

c) in the case of more serious vandalism, require the principal to,

(

i) make a detailed report to the police force that has jurisdiction in

the area, and

(ii) suspend or exclude the pupil, or recommend the pupil for expulsion,

as he or she sees fit under the circumstances.

Definition, "more and less serious vandalism"

(3) For the purposes of clauses (2) (

b) and (c), "

less serious vandalism" means damage

Document details

Collection	Ontario — Bills
Citation	Bill 21, 36-2
Type	bill
Volume / chapter	p36 s2 bill 21 html
Language	en
Format	html
Source	PROVINCIAL
Identifier	c8a67d476ab90e518da3b6eb9d316c48d77dc5fa

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