[38] Bill 212 Royal Assent (PDF)
Bill 212 2007
An Act to amend the Education Act in respect of behaviour, discipline and safety
Note: This Act amends the Education Act. For the legislative history of the Act, see Public Statutes – Detailed Legislative History on www.e-Laws.gov.on.ca.
Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:
1. Section 300 of the Education Act is amended by adding the following subsection:
Receipt of notice
(3) Where notice is given to a person under this Part, it shall be considered to have been received by the person in accordance with the following rules:
1. If the notice is sent by mail or another method in which an original document is sent, the notice shall be considered to have been received by the person to whom it was sent on the fifth school day after the day on which it was sent.
2. If the notice is sent by fax or another method of electronic transmission, the notice shall be considered to have been received by the person to whom it was sent on the first school day after the day on which it was sent.
2. Section 301 of the Act is amended by adding the following subsection:
Same, procedural matters
(6.1) The Minister may establish policies and guidelines with respect to,
(a) appeals of a decision to suspend a pupil;
(b) principals' investigations to determine whether to recommend that a pupil be expelled; and
(c) expulsion hearings.
3. (1) Subsection 302 (6) of the Act is repealed and the following substituted:
Same, procedural matters
(6) A board shall establish policies and guidelines governing,
(a) appeals of a decision to suspend a pupil;
(b) principals' investigations to determine whether to recommend that a pupil be expelled; and
(c) expulsion hearings.
Same
(6.1) If the Minister has established policies and guidelines under subsection 301 (6.1), a board's policies and guidelines under subsection (6) must address such matters and include such requirements as specified by the Minister.
(2) Section 302 of the Act is amended by adding the following subsection:
Communication of policies
(9.1) A board shall ensure that a copy of the policies and guidelines it establishes under subsections (1) and (2) are available to the public.
4. Sections 306 to 311 of the Act are repealed and the following substituted:
Suspension
Activities leading to possible suspension
306. (1) A principal shall consider whether to suspend a pupil if he or she believes that the pupil has 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 in a position of authority.
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 a policy of the board.
Factors principal must consider
(2) In considering whether to suspend a pupil for engaging in an activity described in subsection (1), a principal shall take into account any mitigating or other factors prescribed by the regulations.
Suspension
(3) If a principal decides to suspend a pupil for engaging in an activity described in subsection (1), the principal shall suspend the pupil from his or her school and from engaging in all school-related activities.
Duration of suspension
(4) A suspension under this section shall be for no less than one school day and no more than 20 school days and, in considering how long the suspension should be, a principal shall take into account any mitigating or other factors prescribed by the regulations.
Assignment to program, etc.
(5) When a principal suspends a pupil under this section, he or she shall assign the pupil to a program for suspended pupils in accordance with any policies or guidelines issued by the Minister.
Policies and guidelines
(6) The Minister may issue policies and guidelines to boards to assist principals in interpreting and administering this section.
School-related activities
(7) A pupil who is suspended is not considered to be engaged in school-related activities by virtue of participating in a program for suspended pupils.
Only one suspension per occurrence
307. A principal may not suspend a pupil under section 306 more than once for the same occurrence.
Notice of suspension
308. (1) A principal who suspends a pupil under section 306 shall,
(a) inform the pupil's teacher of the suspension; and
(b) make all reasonable efforts to inform the pupil's parent or guardian of the suspension within 24 hours of the suspension being imposed, unless,
(i) the pupil is at least 18 years old, or
(ii) the pupil is 16 or 17 years old and has withdrawn from parental control.
Same
(2) A principal who suspends a pupil under section 306 shall ensure that written notice of the suspension is given promptly to the following persons:
1. The pupil.
2. The pupil's parent or guardian, unless,
i. the pupil is at least 18 years old, or
ii. the pupil is 16 or 17 years old and has withdrawn from parental control.
3. Such other persons as may be specified by board policy.
Contents of notice
(3) The notice under subsection (2) must include the following:
1. The reason for the suspension.
2. The duration of the suspension.
3. Information about any program for suspended pupils to which the pupil is assigned.
4. Information about the right to appeal the suspension under section 309, including,
i. a copy of the board policies and guidelines governing the appeal established by the board under subsection 302 (6), and
ii. the name and contact information of the supervisory officer to whom notice of the appeal must be given under subsection 309 (2).
Appeal of suspension
309. (1) The following persons may appeal, to the board, a principal's decision to suspend a pupil under section 306:
1. The pupil's parent or guardian, unless,
i. the pupil is at least 18 years old, or
ii. the pupil is 16 or 17 years old and has withdrawn from parental control.
2. The pupil, if,
i. the pupil is at least 18 years old, or
ii. the pupil is 16 or 17 years old and has withdrawn from parental control.
3. Such other persons as may be specified by board policy.
Board designate
(2) Every board shall designate a supervisory officer for the purposes of receiving notices of intention to appeal a suspension.
Notice of appeal
(3) A person who is entitled to appeal a suspension under subsection (1) must give written notice of his or her intention to appeal to the supervisory officer designated by the board within 10 school days of the commencement of the suspension.
Board to inform all parties
(4) After receiving a notice of intention to appeal under subsection (3), the board shall promptly contact every person entitled to appeal the suspension under subsection (1) and inform him or her that it has received the notice of intention to appeal.
Party may contact supervisory officer
(5) A person who has given notice of intention to appeal under subsection (3) may contact the supervisory officer designated under subsection (2) to discuss any matter respecting the appeal of the suspension and, for the purposes of this section, the supervisory officer has the powers and duties set out in board policy.
Hearing of appeal
(6) The board shall hear and determine the appeal within 15 school days of receiving notice under subsection (3), unless the parties agree on a later deadline, and shall not refuse to deal with the appeal on the ground that there is a deficiency in the notice of appeal.
Appeal process
(7) Subject to this section, an appeal shall be conducted in accordance with the requirements established by board policy.
Parties to appeal
(8) The parties to the appeal are:
1. The principal who suspended the pupil.
2. The pupil, if,
i. the pupil is at least 18 years old, or
ii. the pupil is 16 or 17 years old and has withdrawn from parental control.
3. The pupil's parent or guardian, if the pupil's parent or guardian appealed the decision to suspend the pupil.
4. The person who appealed the decision to suspend the pupil, if the decision was appealed by a person other than the pupil or the pupil's parent or guardian.
5. Such other persons as may be specified by board policy.
Pupil may attend
(9) A pupil who is not a party to the appeal under subsection (8) has the right to be present at the appeal and to make a statement on his or her own behalf.
Powers on appeal
(10) The board shall,
(a) confirm the suspension and the duration of the suspension;
(b) confirm the suspension, but shorten its duration, even if the suspension that is under appeal has already been served, and order that the record of the suspension be amended accordingly; or
(c) quash the suspension and order that the record of the suspension be expunged, even if the suspension that is under appeal has already been served.
Decision final
(11) The decision of the board on an appeal under this section is final.
Committee
(12) The board may authorize a committee of at least three members of the board to exercise and perform powers and duties on behalf of the board under this section, and may impose conditions and restrictions on the committee.
Suspension, Investigation and Possible Expulsion
Activities leading to suspension
310. (1) A principal shall suspend a pupil if he or she believes that the pupil has 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. Possessing a weapon, including possessing a firearm.
2. Using a weapon to cause or to threaten bodily harm to another person.
3. Committing physical assault on another person that causes bodily harm requiring treatment by a medical practitioner.
4. Committing sexual assault.
5. Trafficking in weapons or in illegal drugs.
6. Committing robbery.
7. Giving alcohol to a minor.
8. Any other activity that, under a policy of a board, is an activity for which a principal must suspend a pupil and, therefore in accordance with this Part, conduct an investigation to determine whether to recommend to the board that the pupil be expelled.
Same
(2) A pupil who is suspended under this section is suspended from his or her school and from engaging in all school-related activities.
Duration of suspension
(3) A principal may suspend a pupil under this section for up to 20 school days and, in considering how long the suspension should be, the principal shall take into account any mitigating or other factors prescribed by the regulations.
Assignment to program, etc.
(4) When a principal suspends a pupil under this section, he or she shall assign the pupil to a program for suspended pupils in accordance with any policies or guidelines issued by the Minister.
Notice of suspension
311. (1) A principal who suspends a pupil under section 310 shall,
(a) inform the pupil's teacher of the suspension; and
(b) make all reasonable efforts to inform the pupil's parent or guardian of the suspension within 24 hours of the suspension being imposed, unless,
(i) the pupil is at least 18 years old, or
(ii) the pupil is 16 or 17 years old and has withdrawn from parental control.
Same
(2) A principal who suspends a pupil under section 310 shall ensure that written notice of the suspension is given promptly to the following persons:
1. The pupil.
2. The pupil's parent or guardian, unless,
i. the pupil is at least 18 years old, or
ii. the pupil is 16 or 17 years old and has withdrawn from parental control.
3. Such other persons as may be specified by board policy.
Contents of notice
(3) The notice under subsection (2) must include the following:
1. The reason for the suspension.
2. The duration of the suspension.
3. Information about any program for suspended pupils to which the pupil is assigned.
4. Information about the investigation the principal will conduct under section 311.1 to determine whether to recommend that the pupil be expelled.
5. A statement indicating that,
i. there is no immediate right to appeal the suspension,
ii. if the principal does not recommend to the board that the pupil be expelled following the investigation under section 311.1, the suspension will become subject to appeal under section 311.2, and
iii. if there is an expulsion hearing because the principal recommends to the board that the pupil be expelled, the suspension may be addressed by parties at the hearing.
Investigation following suspension
311.1 (1) When a pupil is suspended under section 310, the principal shall conduct an investigation to determine whether to recommend to the board that the pupil be expelled.
Conduct of investigation
(2) The principal's investigation shall begin promptly following the suspension and shall be conducted in accordance with the requirements established by board policy and, for the purpose of the investigation, the principal has the powers and duties set out in the policy.
Same
(3) As part of the investigation, the principal shall make all reasonable efforts to speak with the following persons:
1. The pupil.
2. The pupil's parent or guardian, unless,
i. the pupil is at least 18 years old, or
ii. the pupil is 16 or 17 years old and has withdrawn from parental control.
3. Any other person whom the principal has reason to believe may have relevant information.
Factors principal must consider
(4) In considering whether to recommend to the board that the pupil be expelled, a principal shall take into account any mitigating or other factors prescribed by the regulations.
If expulsion not recommended
(5) If, on concluding the investigation, the principal decides not to recommend to the board that the pupil be expelled, the principal shall,
(a) confirm the suspension and the duration of the suspension;
(b) confirm the suspension but shorten its duration, even if the suspension has already been served, and amend the record of the suspension accordingly; or
(c) withdraw the suspension and expunge the record of the suspension, even if the suspension has already been served.
Same: notice
(6) If the principal does not recommend to the board that the pupil be expelled, the principal shall ensure that written notice containing the following information is given promptly to every person to whom he or she was required to give notice of the suspension under section 311:
1. A statement that the pupil will not be subject to an expulsion hearing for the activity that resulted in the suspension.
2. A statement indicating whether the principal has, under subsection (5), confirmed the suspension and its duration, confirmed the suspension but reduced its duration or withdrawn the suspension.
3. Unless the suspension was withdrawn, information about the right to appeal the suspension under section 311.2, including,
i. a copy of the board policies and guidelines governing the appeal established by the board under subsection 302 (6), and
ii. the name and contact information of the supervisory officer to whom notice of the appeal must be given under section 311.2.
If expulsion recommended: report
(7) If, on concluding the investigation, the principal decides to recommend to the board that the pupil be expelled, he or she shall prepare a report that contains the following:
1. A summary of the principal's findings.
2. The principal's recommendation as to whether the pupil should be expelled from his or her school only or from all schools of the board.
3. The principal's recommendation as to,
i. the type of school that might benefit the pupil, if the pupil is expelled from his or her school only, or
ii. the type of program for expelled pupils that might benefit the pupil, if the pupil is expelled from all schools of the board.
Same
(8) The principal shall promptly provide a copy of the report to the board and to every person whom the principal was required to give notice of the suspension under section 311.
Written notice
(9) The principal shall ensure that written notice containing the following is given to every person to whom the principal was required to give notice of the suspension under section 311 at the same time as the principal's report is provided to that person:
1. A statement that the pupil will be subject to an expulsion hearing for the activity that resulted in the suspension.
2. A copy of the board policies and guidelines governing the expulsion hearing established by the board under subsection 302 (6).
3. A statement that the person has the right to respond, in writing, to the principal's report provided under this section.
4. Detailed information about the procedures and possible outcomes of the expulsion hearing, including, but not limited to, information explaining that,
i. if the board does not expel the pupil, it will, with respect to the suspension imposed under section 310, confirm the suspension, shorten its duration or withdraw it,
ii. the parties will have the right to make submissions during the expulsion hearing as to whether, if the pupil is not expelled, the suspension imposed under section 310 should be confirmed, reduced or withdrawn,
iii. any decision of the board with respect to the suspension imposed under section 310 made at the expulsion hearing is final and not subject to appeal,
iv. if the board expels the pupil from his or her school only, the board will assign the pupil to another school, and
v. if the board expels the pupil from all schools of the board, the board will assign the pupil to a program for expelled pupils.
5. The name and contact information of a supervisory officer whom the person may contact to discuss any matter respecting the expulsion hearing.
Party may respond
(10) A person who is entitled to receive the principal's report under subsection (8) and written notice under subsection (9) may respond, in writing, to the principal and the board.
Appeal of suspension
311.2 If the principal does not recommend to the board that the pupil be expelled and does not withdraw the suspension, the suspension may be appealed and section 309 applies for that purpose, with necessary modifications, subject to the following:
1. A person who is entitled to appeal must give written notice of his or her intention to appeal within five school days of the date on which he or she is considered, in accordance with the rules set out in subsection 300 (3), to have received the notice given under subsection 311.1 (9).
2. If the principal confirmed the suspension but reduced its duration under subsection 311.1 (8), the appeal is from the reduced suspension and not the original suspension.
Expulsion hearing by board
311.3 (1) If a principal recommends to the board that a pupil be expelled, the board shall hold an expulsion hearing and, for that purpose, the board has the powers and duties specified by board policy.
Conduct of hearing
(2) Subject to the requirements set out in this section, the expulsion hearing shall be conducted in accordance with the requirements established by board policy.
Parties
(3) The parties to the expulsion hearing are:
1. The principal.
2. The pupil, if,
i. the pupil is at least 18 years old, or
ii. the pupil is 16 or 17 years old and has withdrawn from parental control.
3. The pupil's parent or guardian, unless,
i. the pupil is at least 18 years old, or
ii. the pupil is 16 or 17 years old and has withdrawn from parental control.
4. Such other persons as may be specified by board policy.
Pupil may attend
(4) A pupil who is not a party to the expulsion hearing under subsection (3) has the right to be present at the hearing and to make a statement on his or her own behalf.
Submissions and views of parties
(5) At the hearing, the board shall,
(a) consider the submissions of each party in whatever form the party chooses to deliver his or her submissions, whether orally, in writing or both;
(b) solicit the views of all the parties as to whether the pupil, if he or she is expelled, should be expelled from his or her school only or from all schools of the board; and
(c) solicit the views of all the parties as to whether, if the pupil is not expelled, the board should confirm the suspension originally imposed under section 310, confirm the suspension but reduce its duration or withdraw the suspension.
Decision
(6) After completing the hearing, the board shall decide,
(a) whether to expel the pupil; and
(b) if the pupil is to be expelled, whether the pupil is expelled from his or her school only or from all schools of the board.
Factors board must consider
(7) In making the decisions required under subsection (6), the board shall take into account,
(a) all submissions and views of the parties, including their views as to whether the pupil, if expelled, should be expelled from his or her school only or from all schools of the board;
(b) any mitigating or other factors prescribed by the regulations; and
(c) any written response to the principal's report recommending expulsion that a person gave to the board under subsection 311.1 (7) before the completion of the hearing.
Restriction on expulsion
(8) The board shall not expel a pupil if more than 20 school days have expired since the pupil was suspended under section 310, unless the parties to the expulsion hearing agree on a later deadline.
Committee
(9) The board may authorize a committee of at least three members of the board to exercise and perform powers and duties on behalf of the board under this section, and may impose conditions and restrictions on the committee.
If pupil not expelled
311.4 (1) If a board does not expel a pupil, the board shall, with respect to the suspension originally imposed under section 310,
(a) confirm the suspension and the duration of the suspension;
(b) confirm the suspension, but shorten its duration, even if the suspension that is under appeal has already been served, and order that the record of the suspension be amended accordingly; or
(c) quash the suspension and order that the record of the suspension be expunged, even if the suspension that is under appeal has already been served.
Factors board must consider
(2) In determining which action to take under subsection (1), the board shall take into account,
(a) any submissions made by the parties as to whether the suspension and its duration should be confirmed, the suspension should be confirmed but its duration reduced or the suspension should be withdrawn;
(b) any mitigating or other factors prescribed by the regulations.
Notice that pupil not expelled
(3) After determining which action to take under subsection (1), the board shall give written notice containing the following to every person who was entitled to be a party to the expulsion hearing under subsection 311.3 (3):
1. A statement indicating that the pupil is not expelled.
2. A statement indicating whether the board has, under subsection (1), confirmed the suspension and its duration, confirmed the suspension but reduced its duration or withdrawn the suspension.
Decision final
(4) The decision of the board under subsection (1) is final.
If pupil expelled
311.5 If a board expels a pupil, the board shall assign the pupil to,
(a) in the case of a pupil expelled from his or her school only, another school of the board; and
(b) in the case of a pupil expelled from all schools of the board, a program for expelled pupils.
Notice of expulsion
311.6 (1) A board that expels a pupil shall ensure that written notice of the expulsion is given promptly to,
(a) all the parties to the expulsion hearing; and
(b) the pupil, if the pupil was not a party to the expulsion hearing.
Contents of notice
(2) The notice under subsection (1) must include the following:
1. The reason for the expulsion.
2. A statement indicating whether the pupil is expelled from his or her school only or from all schools of the board.
3. Information about the school or program for expelled pupils to which the pupil is assigned.
4. Information about the right to appeal under section 311.7, including the steps that must be taken to appeal.
Appeal of expulsion
311.7 (1) In this section,
"designated tribunal" means a tribunal designated under the regulations to hear appeals of board decisions to expel pupils.
Certain persons may appeal
(2) The following persons may appeal a board's decision to expel a pupil, whether the pupil is expelled from his or her school only or from all schools of the board, to the designated tribunal:
1. The pupil's parent or guardian, unless,
i. the pupil is at least 18 years old, or
ii. the pupil is 16 or 17 years old and has withdrawn from parental control.
2. The pupil, if,
i. the pupil is at least 18 years old, or
ii. the pupil is 16 or 17 years old and has withdrawn from parental control.
3. Such other persons as may be specified by the designated tribunal.
Hearing
(3) The designated tribunal shall hear and determine an appeal under this section, and, for that purpose, it has the powers and duties set out in the regulations.
Parties to appeal
(4) The parties to the appeal are:
1. The board.
2. The pupil, if,
i. the pupil is at least 18 years old, or
ii. the pupil is 16 or 17 years old and has withdrawn from parental control.
3. The pupil's parent or guardian, if the parent or guardian appealed the decision.
4. The person who appealed the decision to expel the pupil, if the decision was appealed by a person other than the pupil or the pupil's parent or guardian.
Decision final
(5) The decision of the designated tribunal on an appeal under this section is final.
Regulations
(6) The Minister may make regulations,
(a) designating a tribunal to hear appeals of board decisions to expel pupils;
(b) prescribing the procedures to be followed on an appeal under this section;
(c) prescribing the powers and duties of a designated tribunal under this section.
5. (1) Subsections 312 (1), (2) and (3) of the Act are repealed and the following substituted:
Programs for suspended, expelled pupils
(1) Every board shall provide, in accordance with policies and guidelines issued by the Minister, if any,
(a) at least one program for suspended pupils; and
(b) at least one program for expelled pupils.
Policies and guidelines
(2) The Minister may establish policies and guidelines with respect to programs for suspended and expelled pupils and may,
(a) impose different requirements on the provision of the programs for different circumstances, different locations or different classes of pupils;
(b) set criteria respecting pupils' eligibility to participate in the programs and respecting the criteria to be met for successful completion of the programs;
(c) require boards to offer plans to assist pupils who have successfully completed a program for expelled pupils with their transition back to school and to set criteria respecting those plans; and
(d) authorize boards, subject to such conditions and restrictions as the Minister imposes, to enter into agreements with other boards for the provision of the programs.
(2) Subsection 312 (5) of the Act is amended by striking out "program established under subsection (2) or (4)" and substituting "program established by the Minister under subsection (4)".
6. The Act is amended by adding the following sections:
Status of expelled pupil
313. (1) An expelled pupil continues to be a pupil of the board that expelled him or her if the pupil attends a program for expelled pupils,
(a) offered by that board; or
(b) offered by another board under an agreement between that board and the board that expelled the pupil.
Same
(2) An expelled pupil ceases to be a pupil of the board that expelled him or her if,
(a) the pupil is assigned by that board to a program for expelled pupils and does not attend the program; or
(b) the pupil registers as a pupil of another board.
Powers of other board
314. (1) If a pupil who has been expelled from one board registers as a pupil of another board, the other board may,
(a) assign the pupil to a school of that board; or
(b) assign the pupil to a program for expelled pupils, unless the pupil satisfies the requirements of clause 314.1 (1) (a) or (b) as determined by a person who provides a program for expelled pupils.
Clarification
(2) If the other board assigns the expelled pupil to a school without knowing that he or she has been expelled by another board, the board may subsequently remove the pupil from the school and assign him or her to a program for expelled pupils, subject to the following conditions:
1. The board must assign the pupil to a program for expelled pupils promptly on learning that he or she has been expelled from another board.
2. The board shall not assign the pupil to a program for expelled pupils if the pupil satisfies the requirements of clause 314.1 (1) (a) or (b) as determined by a person who provides a program for expelled pupils.
Return to school after expulsion
314.1 (1) A pupil who has been expelled from all schools of a board is entitled to be readmitted to a school of the board if the pupil has, since being expelled,
(a) successfully completed a program for expelled pupils; or
(b) satisfied the objectives required for the successful completion of a program for expelled pupils.
Determination
(2) The determination of whether an expelled pupil satisfies the requirements of clause (1) (a) or (b) is to be made by a person who provides a program for expelled pupils.
Board must readmit pupil
(3) An expelled pupil may apply in writing to a person designated by the board that expelled him or her to be readmitted to a school of that board and, if the pupil satisfies the requirements of clause (1) (a) or (b) as determined by a person who provides a program for expelled pupils, the board shall,
(a) readmit the expelled pupil to a school of the board; and
(b) promptly inform the pupil in writing of his or her readmittance.
Clarification: successful completion of program
314.2 A pupil who has successfully completed a program for expelled pupils provided by any board or person under this Part has satisfied the requirements of clause 314.1 (1) (a), and no board shall,
(a) require the pupil to attend a program for expelled pupils provided by that board before being admitted to a school of the board; or
(b) refuse to admit the pupil on the basis that the pupil completed a program for expelled pupils provided by another board or person.
Return to original school after expulsion
314.3 A pupil who has been expelled from one school of a board but not from all schools of the board may apply in writing to a person designated by the board to be re-assigned to the school from which he or she was expelled.
Clarification: resident pupils
314.4 For greater certainty, nothing in this Part requires a board to admit or readmit a pupil who is not otherwise qualified to be a resident pupil of the board.
Transitional provisions
314.5 In this section and in sections 314.6 to 314.10,
"coming into force date" means the day on which the Education Amendment Act (Progressive Discipline and School Safety), 2007 comes into force; ("date d'effet")
"new Part XIII" means Part XIII as it reads on the coming into force date; ("nouvelle partie XIII")
"old Part XIII" means Part XIII as it read immediately before the coming into force date. ("ancienne partie XIII")
Old Part XIII applies
314.6 (1) Old Part XIII continues to apply with respect to,
(a) suspensions imposed before the coming into force date; and
(b) limited and full expulsions imposed under old Part XIII before the coming into force date, subject to the exceptions set out in sections 314.8 and 314.9.
Same – reviews and appeals
(2) For greater certainty, old Part XIII continues to apply with respect to the review or appeal of a suspension described in clause (1) (a) and with respect to the appeal of an expulsion described in clause (1) (b) and, without limiting the generality of the foregoing,
(a) in the case of a review or appeal of a suspension,
(i) Ontario Regulation 106/01 (Suspension of a Pupil), as it read immediately before the coming into force date, continues to apply with respect to the review or appeal, and
(ii) if the review or appeal was required to be conducted in accordance with the requirements established by board policy, the board policy that was in place under old Part XIII continues to apply with respect to the review or appeal; and
(b) in the case of an appeal of a board decision to expel a pupil under old Part XIII, Ontario Regulation 37/01 (Expulsion of a Pupil), as it read immediately before the coming into force date, continues to apply with respect to the appeal.
New Part XIII applies
(3) If a pupil engaged in an activity before the coming into force date that was an infraction for which a suspension or expulsion could be imposed or was required to be imposed under old Part XIII but no action had been commenced in respect of the activity before the coming into force date, the pupil is subject to new Part XIII in respect of the activity.
Expulsions under old Part XIII
314.7 On the coming into force date, every pupil who is still subject to a limited or full expulsion imposed under old Part XIII is deemed to be a pupil of the board from which he or she was expelled.
Pupil subject to limited expulsion
314.8 (1) With respect to any pupil of a board who is still subject to a limited expulsion imposed under old Part XIII on the coming into force date, the board shall,
(a) assign the pupil to a school of the board and offer a plan to assist the pupil with his or her transition back to school; or
(b) assign the pupil to a program for expelled pupils provided by the board under subsection 312 (1).
Return to school
(2) If a pupil is assigned to a program for expelled pupils under subsection (1), the pupil is not entitled to attend school until the date on which he or she would have been entitled to return to school under subsection 309 (14) of old Part XIII, as it read immediately before the coming into force date.
Pupil subject to full expulsion
314.9 (1) With respect to a pupil of a board who is still subject to a full expulsion imposed under old Part XIII on the coming into force date, the board shall, on that date, reassign the pupil to a program for expelled pupils provided by the board under subsection 312 (1).
Return to school
(2) Every pupil subject to a full expulsion under old Part XIII may return to school in accordance with new Part XIII and, for the purpose, sections 314.1 and 314.2 of new Part XIII apply with necessary modifications.
Regulations – transitional
314.10 (1) The Lieutenant Governor in Council may make regulations providing for any transitional matters that the Lieutenant Governor in Council considers necessary or advisable,
(a) for the effective implementation of new Part XIII or regulations made under it;
(b) to facilitate the transition from old Part XIII or regulations made under it to new Part XIII or regulations made under it.
Scope
(2) A regulation under this section may be general or particular in its application.
Commencement
7. This Act comes into force on February 1, 2008.
Short title
8. The short title of this Act is the Education Amendment Act (Progressive Discipline and School Safety), 2007.
EXPLANATORY NOTE
This Explanatory Note was written as a reader's aid to Bill 212 and does not form part of the law. Bill 212 has been enacted as Chapter 14 of the Statutes of Ontario, 2007.
The Bill repeals sections 306 to 311 of the Education Act and replaces them with new provisions that substantially alter Part XIII of the Act with respect to the suspension and expulsion of pupils.
If a pupil engages in an activity set out in new section 306, a principal may suspend the pupil for up to 20 days. The list of activities mirrors the list in old section 306, with the addition of bullying. On suspending a pupil, the principal will be required to assign him or her to a program for suspended pupils provided by the board. A suspension imposed under new section 306 can be appealed to the board in accordance with new section 309. On an appeal, the board either confirms the suspension, reduces the length of the suspension or quashes the suspension.
If a pupil engages in an activity set out in new section 310, a principal must suspend the pupil for up to 20 days. The list of activities mirrors the list in old section 309. Following his or her suspension of a pupil under new section 310, the principal must promptly conduct an investigation, as required under new section 311.1, to determine whether to recommend to that board that the pupil be expelled.
If the principal decides not to recommend expulsion after completing the investigation, he or she must confirm the suspension, reduce its length or withdraw it altogether. At that point, the suspension can be appealed to the board unless it was withdrawn.
If the principal decides to recommend that the board expel the pupil, he or she must prepare a report containing his or her findings and recommendations. The board then holds an expulsion hearing in accordance with new section 311.3. The board is required to consider the submissions of every party to the hearing, such as the principal and the pupil or the pupil's parent or guardian. The board must determine whether to expel the pupil and, if it decides to expel, whether to expel the pupil from his or her school only or from all schools of the board. The board is not allowed to expel the pupil if more than 20 school days have passed since the pupil was suspended.
If the board does not expel the pupil, it must, with respect to the suspension originally imposed under section 310, confirm the suspension, reduce the length of the suspension or quash the suspension. The decision of the board on that matter is final.
If a board decides to expel a pupil, it must also decide whether to expel the pupil from his or her school only or from all schools of the board. A pupil who is expelled from his or her school must be assigned to another school. A pupil who is expelled from all schools of the board must be assigned to a program for expelled pupils provided by the board.
New section 312 requires boards to provide programs for suspended pupils and expelled pupils, which must be provided in accordance with policies and guidelines of the Minister.
An expelled pupil will be entitled to return to school under new section 314.1 if he or she has successfully completed a program for expelled pupils or has satisfied the objectives of those programs in another way. Boards are required to readmit expelled pupils who are entitled to return to school under section 314.1.
New sections 314.5 to 314.10 deal with several transitional matters related to the amendments to Part XIII. The transitional provisions describe how pupils suspended or expelled under the Act as it read before the changes to Part XIII come into force are to be dealt with once the changes are in force. Boards are given some flexibility in reassigning pupils serving limited expulsions imposed under old Part XIII into schools and programs for expelled pupils provided under new section 312.