Bill 21, Safe Schools Act, 1998

Versions

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 309.

2. 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

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).

3. 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

50. (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

301. (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

302. (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

303. (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;

(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 to school property in the amount of less than $1,000 and "more serious vandalism" means damage to school property in the amount of $1,000 or more.

Court liaison officer

304. Every board shall assign one or more persons as full-time or part-time court liaison officers to,

(a) monitor proceedings involving board pupils who are charged with offences;

(b) act as a link between courts and schools;

(d) assist in the development and monitoring of bail and sentencing conditions.

Early Intervention

Anti-bullying policy

305. (1) Every board shall develop and implement an anti-bullying policy for pupils in accordance with any guidelines issued by the Minister.

Contents

(2) The policy shall,

(a) require board employees to report all incidents of bullying, verbal abuse, harassment and discrimination to the principal;

(b) require the principal to report all incidents referred to in clause (a) to the parents or guardians of the pupils involved;

(c) give the principal flexibility in the imposition of penalties and provide for progressive discipline, including possible suspension or exclusion under section 23.

Application of section

(3) This section applies in respect of incidents that occur,

(a) on school sites or in relation to school sites;

(b) on school buses and at school-sponsored functions, whether or not the incident takes place on property belonging to a board; or

Direction for psychological assessment

306. (1) A board may direct a pupil's parent or guardian to obtain a psychological assessment of the pupil if,

(a) the principal has recommended that the board make the direction;

(b) the principal has consulted with the pupil's parent or guardian, if available, and any social worker or probation officer who is working with the pupil; and

Older pupils

(2) In the case of a pupil who is 18 years of age or older, the direction is to be made to the pupil.

Qualifications

(3) A psychological assessment is to be conducted by a person who has the professional qualifications set out in paragraph 6 of subsection 171 (1).

Satisfactory person

(4) The board shall make reasonable efforts to ensure that the person conducting the psychological assessment is satisfactory to the parents, guardian or pupil, as the case may be.

Assessment

(5) The person conducting the psychological assessment shall,

(a) consider whether the pupil is likely to engage in conduct that would endanger others; and

(b) give a written report of his or her conclusions to the board and to the pupil's parent or guardian, or to the pupil if subsection (2) applies.

Costs

(6) The costs of a psychological assessment under this section are to be paid by the board.

Confidentiality

(7) Information provided to the board by the person conducting the psychological assessment,

(a) may not be disclosed by the board to any person other than the principal;

(b) if disclosed to the principal by the board, may not be disclosed by him or her to any other person who is not a teacher of the pupil;

Appeal

(8) A parent, guardian or pupil, as the case may be, who disagrees with the conclusions of a psychological assessment may appeal to the board to have a new psychological assessment conducted and the appeal shall be conducted in accordance with any guidelines established by the Minister.

Offence - fail to comply

(9) Every person who fails, without reasonable excuse, to comply with a direction made under this section is guilty of an offence and is liable, on conviction, to a fine of not more than $200.

Offence - unlawful disclosure

(10) Every person who discloses information contrary to subsection (7) is guilty of an offence and is liable, on conviction, to a fine of not more than $1,000.

Conflict resolution training

307. Every board shall, in accordance with any guidelines issued by the Minister, provide or arrange to provide all pupils, teachers and other school staff with instruction in skills such as conflict resolution, anger management and communication.

Violence and Weapons Free Schools

Application of ss. 309, 310

308. Sections 309 and 310 apply in respect of incidents that occur,

(a) on school sites or in relation to school sites;

(b) on school buses and at school-sponsored functions, whether or not the incident takes place on property belonging to a board; or

Suspension, exclusion, recommendation for expulsion

309. (1) If a principal is satisfied that a pupil has done anything referred to in the following rules, the principal shall, as soon as possible, take action in accordance with the following rules:

1. In the case of an assault, which, in the opinion of the principal presents no mitigating circumstances, and which causes serious mental or physical injury, the principal shall,

i. exclude the pupil, or

ii. recommend to the board that the pupil be expelled, and suspend the pupil until the board has disposed of the case.

2. In the case of possessing or providing a weapon that is a firearm, prohibited weapon or restricted weapon as defined in the Criminal Code (Canada), the principal shall,

i. exclude the pupil, or

ii. recommend to the board that the pupil be expelled, and suspend the pupil until the board has disposed of the case.

3. In the case of an assault, attempted or threatened violent act, or possessing or providing a weapon, as defined in section 2 of the Criminal Code (Canada) to which paragraph 1 or 2 does not apply,

i. if this is the first act by the pupil of which the principal is aware, he or she shall suspend the pupil for no more than 20 school days,

ii. if this is the second such act, the principal shall exclude the pupil, or

iii. if this is a third or subsequent such act, the principal shall recommend to the board that the pupil be expelled, and shall suspend the pupil until the board has disposed of the case.

4. If subparagraph i or ii of paragraph 3 would otherwise apply and the principal considers the matter sufficiently serious, he or she may,

i. exclude the pupil, or

ii. recommend to the board that the pupil be expelled, and suspend the pupil until the board has disposed of the case.

5. In the case of any offence under a statute of Canada or Ontario to which paragraph 1, 2 or 3 does not apply, the principal may,

i. suspend the pupil for not more than 20 days,

ii. exclude the pupil, or

iii. recommend to the board that the pupil be expelled, and suspend the pupil until the board has disposed of the case.

6. In the case of bullying, verbal abuse, harassment or discrimination by a pupil, the board's anti-bullying policy developed under section 303 applies.

Discretion for younger pupils

(2) In the case of a pupil who is under 12 years of age who has committed an act referred to in paragraphs 1 to 6 of subsection (1), the principal may,

(a) act as set out in those paragraphs; or

(b) take other action set out in the school's anti-bullying policy developed under section 303, subject to any policies of the board, and any guidelines issued by the Minister.

Mandatory police report

(3) A principal shall, as soon as possible, make a detailed report to the police force that has jurisdiction in the area if the principal is satisfied that a person has committed an offence under a statute of Canada or of Ontario.

Guidelines

(4) In acting under this section, the principal shall follow any guidelines issued by the Minister.

Rules for suspension,

310. When a principal suspends a pupil under section 309,

(a) subsections 23 (1.2), (2) and (2.1) apply, with necessary modifications; and

(b) subsections 23 (1.1) and (2.2) do not apply.

Confiscation of Banned Items

Access to lockers

311. To search for any item, the possession of which is prohibited under a statute of Canada or Ontario, or a policy or guideline of the school, the board, or the Minister, the principal and any other board employee whom he or she designates are entitled, on reasonable grounds,

(a) to have access to the lockers of pupils and staff on the school property at any time; and

(b) to use reasonable force to obtain access.

Confiscation of prohibited articles

312. (1) The principal and any other board employee whom he or she designates are entitled to confiscate any item mentioned in section 311.

Police

(2) The principal or designate shall, as soon as possible, give anything that is confiscated under subsection (1) from a person who may not lawfully possess it to the police force that has jurisdiction in the area.

Alternative Education Programs

Duty of board

313. (1) Every board shall provide or arrange to provide an alternative education program for excluded pupils and pupils referred to in subsection (5) or (6).

Delivery

(2) A board may,

(a) provide an alternative education program independently or in association with one or more other boards; or

(b) arrange to provide the program by purchasing it from another board, another public body or a non-profit community-based organization.

Content of program

(3) An alternative education program shall include the following among its features:

1. No more than 10 pupils in any class, with such a class not to be considered in the determination of average class sizes for the purposes of any other provision of this Act.

2. Instruction at a different location than normal classes.

3. Teachers with special training in dealing with troubled pupils.

4. Focus on fundamentals of literacy and numeracy.

5. Teaching of study skills that will assist the pupil in staying abreast of regular class work on the pupil's own time.

6. Teaching of social and life skills such as communication, conflict resolution, and anger management.

7. Teaching about the individual's social and legal responsibilities.

Involvement in design of program

(4) An alternative education program shall be designed with input from parents, teachers, judges, police, social workers and other professionals involved in conflict training and children's issues, and the community at large.

Suspended pupil

(5) When a pupil is suspended for more than 10 school days, the principal shall direct the pupil to attend an alternative education program during the period of the suspension.

Expelled pupils

(6) A board may, in its discretion, permit an expelled pupil to attend an alternative education program if it is of the opinion that do so will assist the pupil in preparing himself or herself for an application for readmission.

Attendance

(7) Section 30 applies to attendance in an alternative education program.

Parental Responsibilities

Parental liability

314. (1) The parent or guardian of a pupil under the age of 18 years is liable for any damage to the board's property that the pupil wilfully causes.

Exceptions

(2) Subsection (1) does not apply to a parent or guardian if,

(a) he or she does not have custody of the pupil; or

(b) the pupil is 16 or older and has withdrawn from the control of the parent or guardian.

Duty of parent or guardian

315. A pupil's parent or guardian who believes that there is a serious risk of the pupil engaging in conduct that would endanger others shall reveal to the principal the belief and the facts on which it is based.

Protection For Teachers And Staff

Board employee, reasonable force

316. (1) A board employee may use such force as is reasonable under the circumstances,

(a) to maintain order in the school; and

(b) to prevent violence.

Protection from personal liability

(2) No proceeding for damages shall be commenced against a board employee for using, in good faith, such force as is reasonable under the circumstances for the purposes set out in subsection (1).

Teacher, protection from personal liability for discipline

317. No proceeding for damages shall be commenced against a teacher for using force by way of correction toward a pupil who is under the teacher's care, if the force does not exceed what is reasonable under the circumstances.

Board employee, protection from personal liability for reporting

318. No proceeding for damages shall be commenced against a board employee for any act done in good faith in connection with reporting any act that is required to be reported under this Part.

Power of board, legal costs

319. If the court finds that subsection 316 (2), section 317 or 318 applies to a proceeding against a teacher or other board employee, the board shall pay the costs the employee incurs in defending the proceeding, less any costs that the employee is entitled to have paid by any other person or organization.

Information

320. The principal or the board, or both, shall ensure that current information about this Part and any school safety programs referred to in this Part is provided annually to pupils, parents, guardians, teachers and other school staff.

Signs

321. The principal shall ensure that signs advising of the provisions of this Part and of any school safety programs referred to in this Part are posted in conspicuous locations.

Safe Schools Advisory Committee

Safe schools advisory committee

322. (1) Every board shall establish a safe schools advisory committee that shall consist of,

(a) three members of the board;

(b) two parents nominated by elementary school councils in the area established under paragraph 17.1 of subsection 170 (1);

(c) two parents nominated by secondary school councils in the area established under paragraph 17.1 of subsection 170 (1);

(d) two principals from elementary schools in the area;

(e) two principals from secondary schools in the area;

(f) two teachers from elementary schools in the area;

(g) two teachers from secondary schools in the area;

(h) two elementary school pupils from the area;

(i) two secondary school pupils from the area;

(j) one representative from a police service having jurisdiction in the area;

(k) three persons who do not fall into the categories mentioned in clauses (a) to (j), but who, in the opinion of the board, possess relevant expertise in issues involving school safety.

Term in office

(2) Persons mentioned in subsection (1) who are not members of the board shall hold office during the term of the members of the board and until the new board is organized.

Powers

(3) A committee established under subsection (1) may make recommendations to the board concerning any matter involving school safety that is within the jurisdiction of the board.

Hearing by board

(4) Before making a decision on a recommendation of a committee established under subsection (1), the board shall provide an opportunity for the committee to be heard before the board and before any committee of the board to which the recommendation is referred.

Commencement

5. (1) Subject to subsection (2), this Act comes into force on the day it receives Royal Assent.

Same

(2) Sections 301, 302, 303, 305, 313 and 322 of the Act, as enacted by section 4 of this Act, come into force on September 1, 1999.

Short title

6. The short title of this Act is the Safe Schools Act, 1998.

Office of the Legislative Assembly of Ontario

Toronto, Ontario, Canada.