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BackgrounderProvincial Code of Conduct key part of proposed government legislation to make schools saferMay 2000 Ontario students, teachers and parents want their schools to be safe, respectful environments for learning and teaching. The Safe Schools Act, to be introduced by Education Minister Janet Ecker, if approved, would implement the provincial Code of Conduct which was first released in April. The legislation, which would amend the Education Act, would make schools safer and help bring more order and respect into Ontario classrooms. The proposed legislation fulfills the commitment, made during the last election campaign, to set clear standards of behaviour, mandatory consequences for serious infractions and to give principals the authority to expel students and teachers the authority to suspend students. Currently, only school boards can expel and only principals can suspend students. If passed, the Act would be implemented in stages, starting this September. Strict discipline and alternative programs would be provided for expelled students, so they can continue their education and get the help they need to earn re-entry into the regular school program. The legislation would also require that all school boards provide programs for suspended students. What to expectIf the legislative amendments are approved, this is what students, teachers and parents can expect to be in place by: Fall 2000:
Winter 2001:
Fall 2001:
Code of ConductThe provincial Code of Conduct sets clear, consistent, minimum standards of expected behaviour for students, teachers, staff, parents and volunteers in Ontario schools. Mandatory consequences also set out what will happen to students if they choose to put at risk the safety of others or themselves. The Code is a key first step in a series of government initiatives to promote safety and foster the principles of respect and responsible citizenship in Ontario schools. While many schools across Ontario already have codes of conduct, often these lack consistency and can vary greatly from school to school and board to board. The Standards of Behaviour under the provincial Code of Conduct apply to all individuals involved in the publicly-funded school system anywhere in Ontario – students, parents or guardians, volunteers, teachers and other staff members – whether they are on school property, on school buses or at school-authorized events and activities. These standards are divided into two areas:
Under the proposed legislation, students who break the rules and cause serious harm to others would be immediately suspended and face an expulsion hearing and inquiry for infractions set under the Mandatory Consequences section of the provincial Code. Role of district school boards, school authorities and school councilsWhile the province is implementing province-wide standards of behaviour and mandatory consequences for students who violate the provincial Code, each district school board and school authority will have to develop specific policies that set out consequences for less serious infractions such as not complying with the school dress code. School boards and their schools would have to involve their school councils in the development and review of their codes of conduct. The Code specifies consequences for students who ignore rules, but the expectation would be that everyone involved with the school system would be held to the same standard and be accountable for their actions. For example, Regulation 437/97 of the Ontario College of Teachers' Act – Professional Misconduct – is clear on what the expectations are for teachers and the College is responsible for dealing with these issues of misconduct. New authority for principals to expel, teachers to suspendIf the legislation is passed, the provincial Code of Conduct will start to take effect this fall under the authority of the Education Act, which gives principals the right to suspend a student and boards to expel a student. Currently, principals can suspend students from their school for up to 20 days. School boards may expel a student from all schools of the board following a hearing, upon the recommendation of a principal and a supervisory officer. The proposed legislation, if approved, would expand this authority, allowing principals to expel students for up to one year, and teachers to suspend students for up to one day. The extended authority would be phased-in to ensure that principals and teachers have received advance training on how to use this new authority. This would also ensure that programs – such as provincially regulated strict discipline schooling programs for expelled students and board-managed programs and supports for suspended students – are in place so these students can continue their education. Plans call for principals to have authority to expel students by next winter and for teachers to have the authority to suspend students by September 2001. This approach also provides for meaningful opportunities for consultation, where necessary. Expulsions and suspensionsEvery student deserves a fair chance to explain their behaviour before facing expulsion. Currently, if a parent feels their child has been unfairly suspended, there are provisions in the Education Act that allow for an appeal of a suspension. The Act does not currently include an appeal process for expelled students. The proposed legislation would give parents and guardians the right to appeal an expulsion, as well as a suspension lasting between two and the maximum 20 days. Strict discipline schooling programs for expelled studentsStudents who have been expelled from regular classes still need an education. To help these students continue their education, strict discipline schooling programs would be established under the proposed legislation. Some boards already provide alternative programs for suspended and expelled students. Over the next year, the Ministry of Education would provide funding to some existing programs and to various pilot projects to see which programs are most effective, so that an increased number of these programs will be available province-wide for expelled students by the fall of 2001. These programs would not only help to restore order in the regular classroom, but may reduce an expelled student's further involvement in criminal and disruptive behaviour. Programs for suspended studentsNot all school boards currently have programs for suspended students. The government would have authority to require all school boards to have programs or other supports for suspended students that enable them to return and succeed in the regular school program. Often, alternative programs help to reduce a student's further involvement in drug, alcohol and violence related incidents. In the long-term, this may reduce the need for more costly involvement by police, the justice system, social, health and other support services. Students with special needsTo ensure the needs and unique circumstances of students with special needs are considered and met in implementing the new Code of Conduct, the ministry will continue to seek advice from special education partners. Regulations would be issued to assist school boards. Guidelines and training for school staff would be provided to school boards and school authorities as the Code of Conduct takes effect over the next year. Dress code, school uniformsMany people believe that a dress code or school uniform is a good way to encourage respect and responsibility in schools and to create a safer environment. Under the proposed legislation, a majority of parents at any school would be able to decide on a dress code or a uniform for their children. The ministry will issue guidelines to ensure a fair and consistent process. Pride and respectTo instil pride and respect, under the proposed legislation, the opening and closing exercises in schools must include the singing of O Canada and may include the recitation of a pledge of citizenship. Current exemption provisions would stay in place and further details on the pledge of citizenship would be set out in regulation. School safetyTo further help students and parents feel secure, the proposed legislation would allow for criminal background checks of anyone working in a school. The Ontario College of Teachers already requires criminal background checks of all new teachers. Currently, school boards set their own policies relating to criminal background checks. Incidents of school violence are often started by outside troublemakers. Under the proposed legislation, principals would have the authority to deny access to anyone who poses a threat to school safety. School councilsParents would have the opportunity to influence local school board codes of conduct through their school councils. School boards and their schools would be required to involve school councils when developing or revising their codes of conduct and safe school policies. See also:
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