Safe Schools Act
Ontario Code of Conduct
Student Protection Act
Ontario College of Teachers’ Act
Child and Family Services Act
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In 2000 the Conservative government
introduced the Safe Schools Act which
amended the Education Act to enact
principles of “Zero Tolerance”.
The act had some problematic elements in
that it gave teachers the authority to suspend
students and gave principals a mandatory list
of offences for suspensions and expulsions.
Major review was conducted in 2005-06
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Not consistently applied. Rate varied widely
across the province
Concern that racial minorities and disabled
students were more likely to be suspended
More judgement should be employed by
administrators in making decisions. Concept
of progressive discipline should be followed.
Perception that Safe Schools Act focused
more on discipline than prevention
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Review found that 7.2% of all Ontario students were
suspended at least once. 65% of these were suspended
one time, 17% twice and 18% three or more times
54% were secondary,
77% were male
18% were diagnosed with an exceptionality
Rural areas had higher rates of suspensions and
expulsions than urban areas
Following this review, Bill 212 was introduced in the
legislation in April 2007 with the intention to correct some
of the flaws.
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Section 306 of the Education Act and Reg.
106 deal with student suspensions. Bill 212
repealed the former sections 306-311
including taking away the ability for a teacher
to suspend
Instead of providing a list of infractions that
require mandatory suspensions, Bill 212
amended section 306 so that the discretion is
returned to a principal and to school board
policies
Section 306 (1) now reads:
A principal shall consider whether to suspend a pupil if he or
she believes that the pupil is 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
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 the policy of the Board
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The principal must also take into account, as
before, of the mitigating factors set out in the
regulation.
 When determining the length of the suspension,
the principal must consider the pupil’s history,
mitigating factors, and such other matters that
the principal considers appropriate i.e.
1. The pupil does not have the ability to control
his or her behaviour
2. The pupil does not have the ability to
understand the foreseeable consequences of
his or her behaviour
3. The pupil’s continuing presence in the school
does not create an unacceptable risk to the
safety of another person
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The following other factors shall be taken into
account if they would mitigate the seriousness of the
activity for which the pupil may be or is being
suspended or expelled:
1.
The pupil’s history
2.
Whether progressive discipline approach has been
used with the pupil
3.
Whether the activity for which the pupil may be
suspended for was related to any harassment of the
pupil because of his or her race, ethnic origin,
religion, disability, gender, sexual orientation or to
any other harassment.
4.
How the suspension or expulsion would affect the
pupil’s ongoing education
5.
The age of the pupil
6.
In the case of a pupil for whom an individual
education plan has been developed
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Under the new law, as of February 1st, 2008,
principals will be required to assign
suspended pupils to a program for
suspended pupils pursuant to policies or
guidelines
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Provisions for student expulsions have also
been rewritten under Bill 212
Section 309 of the act set out the behaviours
which would lead to mandatory expulsions.
Now section 309-311 provide for a suspension
for those activities of up to 20 days while the
principals conducts an investigation and makes
a recommendation to the school board
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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 illegal drugs
Committing robbery
Giving alcohol to a minor
Any other activity that, under a policy of the board,
is an activity for which a principals must suspend a
pupil and therefore in accordance with this part,
conduct an investigation to determine whether to
recommend to the board that the student be
expelled
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These provisions have restored appropriate
discretion regarding expulsions
Mitigating factors must also be considered
for expulsions
School boards given till February 1st, 2008 to
provide programs for expelled students.
A student expelled from one school must be
assigned to another school, and a student
expelled from all schools must be assigned to
a program for expelled pupils.
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New section 314.1 of the Education Act
entitles an expelled student to return to
school if he or she has completed a program
for expelled students or has satisfied
objectives of those programs in another way.
The strict discipline schools that existed in
some boards ( referred to as boot camps) no
longer exist
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There are several PPM’s dealing with the Safe
Schools strategy that need to be implemented
by February 1st, 2008:
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PPM128 The Provincial Code of Conduct and
the School Boards’ Code of Conduct
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PPM144 Bullying Prevention and Intervention
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PPM 145 Progressive Discipline and
Promoting Positive Student Behaviour
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The Student Protection Act was drafted in
response to certain recommendations of the
Honourable Sydney L Robbins report on sexual
abuse and the education sector.
It amended the Ontario College Teachers Act
(OCTA) to include definition of Sexual Abuse
paralleling similar definitions used by
Regulated Health professionals.(seen in
Lesson8)
It also emphasized the reporting requirements
to better protect the students.
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Sexual Abuse was also included in Regulation
on Professional Misconduct, Reg. 437/97
under the Ontario College of Teachers Act
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Child and Family Services Act was amended
in 1999 to strengthen the obligation to report
suspected abuse
Duty to report is outlined in section 72 of the
Child and Family Services Act
Please see attached handout on Section 72
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What are the grounds listed for possible child
abuse?
Who do you contact?
What happens if you still suspect and nothing
has been done after the first report?
What can happen if you fail to report directly
to the Society?
What is the age of the child considered under
this act?
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Immunization of School Pupils Act
The Ontario Ministry of Health administers a universal
school immunization program as part of the Act. An
essential part of the Act is that the medical officer
must keep immunization records of all pupils in
Ontario.
The law
The law states that Ontario pupils must be immunized
unless they have been legally exempted. Otherwise,
they could be suspended from school. Under this act,
parents are responsible for the immunization status
of their child. This law applies to all students under
the age of 18 who attend private or public primary or
secondary
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Exemptions
Even though immunization is mandatory in
Ontario, some children may be exempted under
the following special circumstances:
 Appropriate medical reasons
 Reasons of religious belief or conscience
Suspensions
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Medical officer may suspend for a period of up to
20 days. Parents may be fined up to $1000
Exclusions
In the event of an outbreak of any disease the
medical officer may order the exclusion from
school of any student who is not immune (two to
three weeks)
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It is the duty of the Principal to report
communicable diseases to the medical officer
of health of the health unit in which the
school is located
Teachers who become aware of a student
who might have a communicable disease is to
report to the principal
There is a list of reportable diseases such as
AIDS, Cholera, Measles, Meningitis, Food
Poisoning, Hepatitis, Influenza, Tuberculosis,
etc
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Employees should not administer medication to
the student nor accept responsibility for
providing other health services to students,
unless such activities are recognized as forming
part of their job description agreed to by the
Bargaining unit and the employer.
However the administration and provision of
health support service is a fact of life in Ontario
schools.
PPM 81 outlines the responsibilities of school
board with respect to the provisions of health
support such as oral medication, injections,
catheterization, lifting, feeding, toileting and
physio/occupational therapies, etc
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Workers who deal directly with a student
should be made aware of dosage, frequency,
any special equipment, etc
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This law mandated and clarified procedures
for dealing with students who are at risk of
anaphylactic shock due to life-threatening
allergies.
Every school board in Ontario has
implemented policies and procedures under
this legislation.
An individual plan must be prepared for every
individual student with an anaphylactic
allergy.
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Employee of a board may be preauthorized to
administer medication in response to
anaphylactic reaction, if the school has up to date
treatment information, consent of the parent,
guardian or pupil.
In an employee has reason to believe that a pupil
is experiencing a reaction, the employee may
administer the epinephrine auto-injector or other
prescribed medication, even if there is no preauthorization to do so.
No action will be taken against employee
respecting that act was done in good faith
One cannot sell or supply tobacco to anyone
under 19 years of age in Ontario(the age under
federal law is 18.
 Restrictions on Smoking
To protect children from tobacco smoke, smoking
is not allowed in:
 Public schools, both inside the building and on
school grounds
 Day nurseries, including parts of a private home
licensed as a day nursery
Health authorities have the right to charge
smokers on school property
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Under the Occupational Health and Safety Act
and the Canada Labour Code, workers have
three basic rights:
The right to know about workplace health
and safety hazards
The right to participate in making
recommendations about health and safety
concerns
The right to refuse work if they have reason
to believe it endangers their health and safety
Occupational Health and Safety Act provides
the framework and tools to achieve a safe and
healthy workplace.
 Sets out rights and duties of all parties in the
workplace.
 Establishes procedures for dealing with
workplace hazards
 OHSA came into effect in 1980
Regulation 857 of the act does apply to teachers:
 8.(1) Mandatory selection of health and safety
representative
.....where there are more than five workers, the employer
shall cause the workers to select at least one health and
safety representative
(11) Powers of the representative:
a)
Obtain information from the employer concerning the
conducting or taking tests of any equipment, machine,
biological, chemical agent for the purpose of health and
safety
b)
Obtain information ....to determine whether presence is
necessary to ensure valid testing procedures
c)
Obtain information from the employer ...existing
hazardous materials, equipment...
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Employer shall:
a) Provide information, instruction and
supervision to worker to
b) Acquaint a worker or a person in authority
over a worker with any hazard in the
workplace and in handling, storage, use,
disposal and transportation of any article,
device, equipment or a biological, chemical
or physical agent
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Teachers must ensure the safety of the pupils
Resources:
Live Safe, Work Smart developed by the
Ontario Ministry of Labour
STAO materials (Science Teachers Association
of Ontario