Unit 3Law--- continued

Safe School IssuesSafe Schools ActOntario Code of ConductStudent Protection ActOntario College of Teachers’ ActChild and Family Services Act

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

Safe Schools Act

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

Key findings of the review of the Safe Schools Act

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.

Bill 212

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 Bill 212 repealed the former sections 306-311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

Student Suspensions

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 drugs3. Being under the influence of alcohol4. Swearing at a teacher or at another person5. 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. Bullying7. Any other activity that is an activity for which a principal

may suspend a pupil under the policy of the Board

Suspensions

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

Mitigating factors

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 history2. Whether progressive discipline approach has been used

with the pupil3. 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 pupil6. In the case of a pupil for whom an individual education

plan has been developed

Other factors

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

Programs

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

Expulsions

1. Possessing a weapon, including possessing a firearm2. Using a weapon to cause or to threaten bodily harm to

another person3. Committing physical assault on another person that

causes bodily harm requiring treatment by a medical practitioner

4. Committing sexual assault5. Trafficking in weapons or illegal drugs6. Committing robbery7. Giving alcohol to a minor8. 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

Prohibited activities are:

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.

Expulsions

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

Expulsions

There are several PPM’s dealing with the Safe Schools strategy that need to be implemented by February 1st, 2008:

PPM128 The Provincial Code of Conduct and the School Boards’ Code of Conduct

PPM144 Bullying Prevention and Intervention

PPM 145 Progressive Discipline and Promoting Positive Student Behaviour

Safe Schools Strategy

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.

Student Protection Act

Sexual Abuse was also included in Regulation on Professional Misconduct, Reg. 437/97 under the Ontario College of Teachers Act

Student Protection Act

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

Reporting Suspected Child Abuse

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?

Reporting Suspected Child Abuse

Immunization of School Pupils ActThe 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 lawThe 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

Student Health Legislation

ExemptionsEven though immunization is mandatory in Ontario,

some children may be exempted under the following special circumstances:

Appropriate medical reasons Reasons of religious belief or conscienceSuspensions Medical officer may suspend for a period of up to

20 days. Parents may be fined up to $1000 ExclusionsIn 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)

Immunization of Pupils Act

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

Ontario Health Protection and Promotion Act (HPPA)

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

In-school medical procedures

Workers who deal directly with a student should be made aware of dosage, frequency, any special equipment, etc

In-school medical procedures

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.

Sabrina’s Law

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 pre-authorization to do so.

No action will be taken against employee respecting that act was done in good faith

Sabrina’s Law

One cannot sell or supply tobacco to anyone under 19 years of age in Ontario(the age under federal law is 18.

Restrictions on SmokingTo 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 nurseryHealth authorities have the right to charge smokers

on school property

Tobacco Control Act

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

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

Occupational Health and Safety Act (OHSA)

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...

Duties under the act

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

Duties under the act

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

Safety of the students