Bill 212: Safe Schools Legislation

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Bill 212 Safe Schools Legislation

• Overview
• February 2008

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New policies and procedures

• P 6.06 Suspension
• P 6.08 Expulsion
• Bullying
• Progressive Discipline
• Code of Conduct
• Note Each school will have
• a revised Code of Conduct.

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Bill 212 - Changes to Suspensions

• No mandatory suspensions
• Use progressive discipline strategies
• All suspensions subject to appeal
• Suspensions can be no less than one day
• Bullying added as a reason to suspend

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Bill 212 - Changes to Suspensions (cont)

• Off-school conduct may also be considered
  provided the conduct impacts the school climate
• New programs for all suspended students must be
  created - type of program depends on length of
  suspension
• Principal required to provide notice of the
  suspension to teachers and parents

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Suspension recommending possible expulsion

• No mandatory expulsions
• Principal may suspend student for up to 20 days
  while conducting an investigation before
  recommending expulsion
• Student will be in a program until a decision is
  made regarding the recommendation for expulsion
• Principal may no longer expel students

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• Principal must conduct an investigation to
  determine whether there will be a recommendation
  to the board that the student be expelled
• Requirement to speak to, not only the suspended
  student, but also his/her parents
• Expulsion may be either
• from students school
• from all schools of the board, but not from all
  schools in the province

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Mitigating Factors

• The following mitigating factors shall be taken
  into account
• (i) the student does not have the ability to
  control his or her behaviour
• (ii) the student does not have the ability to
  understand the foreseeable consequences his or
  her behaviour
• (iii) the students continuing presence in the
  school does not create
• an unacceptable risk to the safety of any other
  individual at the school.

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Other factors

• In addition to the mitigating factors listed
  above, the principal will consider whether the
  following other factors mitigate the seriousness
  of the activity for which the student may be or
  is being suspended.
• the students academic, discipline and personal
  history
• whether progressive discipline has been
  attempted with the student, and if so, the
  progressive discipline approach(es) that has/have
  been attempted and any success or failure
• whether the infraction for which the student
  might be disciplined was related to any
  harassment of the student because of race, ethnic
  origin, religion, creed, disability, gender or
  gender identity, sexual orientation or to related
  harassment for any other reason

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• (iv) the impact of the discipline on the
  students prospects for further education
• (v) the students age
• where the student has an individual education
  plan
• (a) whether the behaviour was a manifestation of
  a disability identified in the students
  individual education plan
• (b) whether appropriate individualized
  accommodation has been provided and
• (c) whether the suspension is likely to result in
  an aggravation or worsening to the students
  behaviour or conduct.

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Programs for Suspended Students

• 0 - 5 days Homework packages
• No Student Action Plan (Status Quo)
• 6 - 10 days Alternative Suspension Program
• Student Action Plan required
• - academic program only
• (may include non-academic)
• 11 - 20 days - Alternative Suspension Program
• Student Action Plan required
• - academic and non-academic
  program

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Program for Expelled Students

• Alternative Suspension Program
• Student Action Plan required
• Academic and Non-Academic Requirement
• Required to complete program before return to
  school