Policy/Program Memorandum No. 145Date of Issue: October 19, 2009 Effective: Until revoked or modified Subject: PROGRESSIVE DISCIPLINE AND PROMOTING POSITIVE STUDENT BEHAVIOUR Application: Directors of Education Reference: This memorandum replaces Policy/Program Memorandum No. 145, IntroductionSchool boards1 in Ontario are required to have and implement policies on progressive discipline. School boards are now required to review and revise their existing policies and procedures on progressive discipline and are required to have their revised policies and procedures in place by The purpose of this memorandum is to provide direction to boards on required revisions to their existing policies and procedures on progressive discipline. The Ministry of Education is committed to building and sustaining a positive school climate for all students2 in order to support their education so that all students reach their full potential. On The Education Amendment Act (Keeping Our Kids Safe at School), 2009, further amends Part XIII of the Education Act dealing with behaviour, discipline, and safety, and comes into force on The following requirements come into effect on February 1, 2010:
Under common law, a school board can be found by a court to be liable for the actions of its employees, if those actions were carried out in the course of the employees' regular employment. Such actions could also include those required by the Education Act. These legislative and policy changes support the ministry's safe schools strategy, which places emphasis on prevention strategies that promote and support positive student behaviour and early and ongoing intervention. For excerpts from the relevant sections of the Education Act and Ontario Regulation 472/07, see Appendix 1 to this memorandum. Promoting And Supporting Positive Student BehaviourThe ministry acknowledges the importance of actively promoting and supporting appropriate and positive student behaviours that contribute to and sustain a safe learning and teaching environment in which every student can reach his or her full potential. Ontario's curriculum is integral to supporting students in developing positive behaviours. In addition, linkages to ministry initiatives such as character development, the Student Success strategy, and the equity and inclusive education strategy are key in promoting and supporting appropriate and positive student behaviours. A comprehensive approach, aimed at all members of the school community, fosters efforts to ensure that schools are safe and welcoming environments for everyone and are effective in leading to systemic changes that will benefit all students and the broader community. This approach is valuable in addressing such issues as racism, intolerance based on religion or disability, homophobia, and gender-based violence. A positive “school climate is a crucial component of prevention; it may be defined as the sum total of all of the personal relationships within a school. When these relationships are founded in mutual acceptance and inclusion, and modelled by all, a culture of respect becomes the norm.”5 A positive climate exists when all members of the school community feel safe, comfortable, and accepted. Programs and activities that focus on the building of healthy relationships, inclusive and equitable learning environments, character development, and positive peer relations provide the foundation for an effective continuum of strategies within a school and school-related activities. These supportive strategies and empowerment programs are the basis for creating a positive school climate. In addition to teachers and administrators, other staff such as educational assistants, Native education counsellors, social workers, child and youth workers, psychologists, and attendance counsellors all play an important role in supporting students and contributing to a positive learning and teaching environment. “In schools where respectful interactions are encouraged and modelled, prevention is occurring at all times.”6 A positive school climate also includes the participation of the school community, including parents, and the broader community, which can have a major impact on the success of all students in the school. Progressive Discipline Progressive discipline is a whole-school approach that utilizes a continuum of prevention programs, interventions, supports, and consequences to address inappropriate student behaviour and to build upon strategies that promote and foster positive behaviours. When inappropriate behaviour occurs, disciplinary measures should be applied within a framework that shifts the focus from one that is solely punitive to one that is both corrective and supportive. Schools should utilize a range of interventions, supports, and consequences that are developmentally appropriate and include learning opportunities for reinforcing positive behaviour while helping students to make good choices. In some circumstances, short-term suspension may be a useful tool. In the case of a serious student incident, long-term suspension or expulsion, which is further along the continuum of progressive discipline, may be the response that is required. The safe schools provisions of the Education Act require school boards to provide programs for students who have been expelled or who are on a long-term suspension, so that they can continue their education. For students with special education needs, interventions, supports, and consequences must be consistent with the student's strengths, needs, goals, and expectations contained in his or her Individual Education Plan (IEP). Both school boards and schools are expected to actively engage parents in the progressive discipline approach. Boards and schools should also recognize the diverse7 dimensions of their parent communities that must be addressed in order for schools and parents to engage together on these complex and challenging issues. A progressive discipline approach promotes positive student behaviour through strategies that include using prevention programs and early and ongoing interventions and supports, reporting incidents for which the principal must consider suspension or expulsion, and responding to incidents of inappropriate and disrespectful behaviour when they occur. Boards and schools should focus on prevention and early intervention as the key to maintaining a positive school environment in which students can learn. Early intervention strategies will help prevent unsafe or inappropriate behaviours in a school and in school-related activities. Intervention strategies should provide students with appropriate supports that address inappropriate behaviour and that would result in an improved school climate. Some examples of such strategies are consultation with parents, detentions, verbal reminders, review of expectations, and/or written assignments with a learning component that require reflection. Where inappropriate behaviour persists, ongoing interventions may be necessary to sustain and promote positive student behaviour and/or address underlying causes of inappropriate behaviour. Some examples of ongoing interventions are meeting with the parent(s), requiring the student to perform volunteer service to the school community, conflict mediation, peer mentoring, and/or a referral to counselling. In considering the most appropriate response to address inappropriate behaviour, the following should be taken into consideration:
In Part X of the Education Act, clause 265(1)(m) permits a principal to “refuse to admit” to the school or to a class someone whose presence in the school would be “detrimental to the physical or mental well being of the pupils”. This provision is frequently referred to as the “exclusion provision”. Exclusion is not to be used as a form of discipline. If a principal does decide that it is necessary to exclude a student from the school, he or she is expected to notify the student's parents of the exclusion as soon as possible in the circumstances, and to inform them of their right to appeal under School Board Policies On Progressive DisciplinePolicy DevelopmentIn revising their policies and procedures on progressive discipline, boards have the flexibility to take into account local needs and circumstances, such as geographical considerations, demographics, cultural needs, and availability of board and community supports and resources. Boards should draw upon evidence-based practices that promote positive student behaviour. In revising their policies, boards must consult with school councils. They should also consult with parents, principals, teachers, and non-teaching staff (including staff in social work, child and youth work, psychology, and related areas, and educational assistants), as well as students, their Parent Involvement Committee, their Special Education Advisory Committee, community partners, social service agencies, members of Aboriginal communities (e.g., Elders), and other appropriate community groups. Board policies must reflect the principles outlined in related documents, such as Policy/Program Memorandum No. 119, “Developing and Implementing Equity and Inclusive Education Policies in Ontario Schools”, Boards are required to adhere to the Municipal Freedom of Information and Protection of Privacy Act, the Ontario Human Rights Code, and the Education Act and regulations made under the Act in the development and implementation of their policies. Board policies must respect all applicable collective agreements. Boards should consult with their legal counsel and freedom of information coordinators to ensure that they are fulfilling their legal responsibilities. Policy Components The following components must be incorporated as part of each school board's progressive discipline policy. 1. Policy Statement
2. Prevention and Awareness Raising Board policies on prevention and awareness raising must be consistent with the requirements for IEPs for students with special needs, including requirements regarding accommodations and modifications. Boards must require schools to conduct anonymous school climate surveys of their students every two years. Schools should also survey school staff and parents to assess their perception of safety in the school in order to inform prevention and intervention planning. These surveys must include questions on bullying/harassment related to homophobia, gender-based violence, and sexual harassment. Boards must also require their schools to share climate survey results with their safe schools teams and to build strategies into their school improvement plans to improve the school climate regarding issues identified through their climate surveys. 3. Responding to Incidents Board employees who work directly with students – including administrators, teachers, and non-teaching staff (including staff in social work, child and youth work, psychology, and related areas, and educational assistants) – must respond to any student behaviour that is likely to have a negative impact on the school climate. Such behaviour includes all inappropriate and disrespectful behaviour at any time at school and at any school-related event if, in the employee's opinion, it is safe to respond to it, in accordance with subsection 300.4 of Part XIII of the Education Act and Ontario Regulation 472/07. Such inappropriate behaviour may involve swearing, homophobic or racial slurs, sexist comments or jokes, graffiti, or vandalism, and behaviour identified under sections 306 and 310 of the Education Act. Responding may include asking a student to stop the inappropriate behaviour; naming the type of behaviour and explaining why it is inappropriate and/or disrespectful; and asking the student to correct the behaviour (e.g., to apologize for a hurtful comment and/or to rephrase a comment) and to promise not to do it again. By responding in this way, board employees immediately address inappropriate student behaviour that may have a negative impact on the school climate. When board employees are aware that an incident involves a student with special education needs, they are expected to respond in a way that is appropriate. Ontario Regulation 472/07 specifies that board employees are not required to respond to incidents when, in their opinion, responding would cause immediate physical harm to themselves or to a student or another person. However, for incidents for which suspension or expulsion must be considered, board employees must report these to the principal and confirm their report in writing (see also “Reporting to Principals” on page 8). For other incidents, where suspension or expulsion would not be considered but board employees feel it is not safe to respond, they will be expected to inform the principal verbally as soon as possible. For example, a board employee would not be required to respond if it would mean having to leave a student with special education needs who would be in danger if left alone. 4. Supports for Students Legislative amendments specify when principals are required to notify the parents of victims of serious student incidents and when principals are not permitted to notify the parents. When principals have decided not to notify parents of victims, they must, in accordance with Ontario Regulation 472/07, document the rationale for this decision and notify both the teacher who reported the incident and the appropriate supervisory officer of this decision. Principals shall also, if they determine it is appropriate to do so, inform other board employees of this decision. Boards must have procedures in place outlining how schools will support these students. In addition, principals must refer students to a community agency that can provide the appropriate type of confidential support when his or her parents are not called (e.g., a sexual assault centre; Kids Help Phone; Lesbian, Gay, Bisexual, Transgendered Youth Line10). In circumstances where board employees have reason to believe that a student may be in need of protection, board employees must continue to call a Children's Aid Society according to the requirements of the Child and Family Services Act.11 When boards determine that it is necessary to separate students to preserve school safety or to protect a student, it is preferable that the victim not be moved. To support students who are moved to another school, boards are expected to coordinate a meeting between the schools involved to put in place a transition strategy to identify any additional supports and resources that the student may require (e.g., referral of the student to a community agency). This meeting should include the receiving teacher and appropriate non-teaching staff. Boards must also have clear policies in place for both teaching and non-teaching staff regarding the confidentiality of information on the student and the incident disclosed at the meeting. The student that is being moved and his or her parents should also be invited to the meeting. Boards must outline in their policies the procedures that are in place to support students – as well as their parents – who are victims of serious student incidents. These policies and procedures must outline what schools are required to do to support these students, including the development of specific plans to protect victims, and must outline a process for parents to follow if they are not satisfied with the supports that their children receive. In a forthcoming ministry resource guide, information will be provided for schools on supporting students when responding to issues involving student-to-student sexual relationships, including dating violence and sexual assault. 5. Reporting to Principals Section 300.2 of Part XIII of the Education Act states that an employee of the board who becomes aware that a student at a school of the board may have engaged in an activity for which suspension or expulsion must be considered, including sexual assault, shall report the matter to the principal as soon as reasonably possible. The employee must consider the safety of others and the urgency of the situation in reporting the incident, but, in any case, must report it to the principal no later than the end of the school day. In cases where an immediate action is required, a verbal report to the principal may be made. A written report must be made when it is safe to do so. All employee reports made to the principal must be confirmed in writing, using the “Safe Schools Incident Reporting Form – Part I” in Appendix 2 to this memorandum. Boards must specify on this form any other activities for which a student may be suspended or expelled, according to board policy. Boards must not make any other modifications to this form. Boards are expected to provide information to board employees on completing the Safe Schools Incident Reporting Forms provided in Appendix 2 to this memorandum. For example, employees who are reporting an incident must submit the “Safe Schools Incident Reporting Form – Part I” to the principal in a timely manner. The principal must provide the person who submitted the report with written acknowledgement of receipt on the “Safe Schools Incident Reporting Form – Part II”. Each report will be assigned a report number. If the principal has decided that action must be taken as a result of any incident within the progressive discipline continuum, he or she will file a copy of the reporting form with documentation indicating the action taken in the Ontario Student Record (OSR) of the student whose behaviour was inappropriate. The names of all other students that appear on the form – both aggressors and victims – must be removed from the form before it is filed in the student's OSR. Where the principal has taken action in the case of more than one student, a copy of the reporting form and documentation indicating the action taken must be filed in the OSR of each student whose behaviour was inappropriate. The names of all other students that appear on the form – both aggressors and victims – must be removed from the form before it is filed in the OSR of the student whose behaviour was inappropriate. In the case of the victim, no information about the incident must be placed in his or her OSR, unless the victim or parent of the victim expressly requests that it be placed in the OSR. In situations where the victim is also an aggressor and the principal has taken some action short of suspension, no information about the incident must be placed in this student's OSR if the principal has decided not to notify this student's parents. However, if the principal has notified this student's parents, information regarding the incident and the action taken will be placed in the OSR. The form and documentation must be kept in the OSR for a minimum of one year unless the board has required a longer period. In all cases, the principal must provide the employee who reported the incident with written acknowledgement of receipt of the report, using the “Safe Schools Incident Reporting Form – Part II”, and must specify whether action has been taken or no action is required. If no further action is taken by the principal, the principal is not required to retain the report, and should destroy it. Information that could identify the student(s) involved must not be part of the acknowledgement. In addition to employees of the board, school bus drivers must also be required to report such incidents in writing to the principal of the school. Boards are required to include bus driver reporting requirements in their transportation policies and contracts. Boards may also put policies in place to require other non-board employees who come into direct contact with students on a regular basis, as outlined in subsection 300.4 (5.3) of Part XIII of the Education Act, to report such matters to the principal (e.g., outdoor education instructors). 6. Building Partnerships Boards should refer to Policy/Program Memorandum No. 149, “Protocol for Partnerships With External Agencies for Provision of Services by Regulated Health Professionals, Regulated Social Service Professionals,and Paraprofessionals”, September 25, 2009, which sets out the requirements for the development of a local protocol between a school board and external agencies. To facilitate the building of partnerships, every school board must:
Boards should, wherever possible, collaborate to provide coordinated prevention and intervention programs and services and, where possible, share effective practices. 7. Implementation Strategy
8. Training Strategy for Administrators, Teachers, and Non-teaching Staff To further support students, school boards should work with their local Children's Aid Societies to develop and implement annual training for board staff concerning their duty to report under the Child and Family Services Act. A board should make sure that others are aware of the board's policy on progressive discipline – for example, school secretaries and custodians, parents, volunteers, community agencies, and school bus operators and drivers. The training should address the fact that building a supportive learning environment through appropriate interactions between all members of the school community is the responsibility of all staff. Boards should support ongoing training for teachers, administrators, and non-teaching staff through such opportunities as new-teacher induction programs and e-learning to create and sustain a safe teaching and learning environment. 9. Communications Strategy 10. Monitoring and Review In evaluating and monitoring safe school policies and programs, school boards must direct schools to address gender-based violence, homophobia, sexual harassment, and inappropriate sexual behaviour in their school improvement plans. Boards must also direct schools to evaluate the effectiveness of their safe schools policies and programs through the use of school climate surveys, which must be undertaken every two years at a minimum. Delegation Of Authority Regarding DisciplineChanges to the Education Act provide a principal with the authority to delegate – in accordance with this memorandum and any applicable board policies and guidelines – powers, duties, or functions under Part XIII – “Behaviour, Discipline and Safety”. Whenever possible, boards must ensure that at least one school administrator is present on school property. Boards must have a policy in place on delegation of this authority. What may be delegated must be clearly defined in board policy. Board policies must also outline the process for providing support and information to individuals who have been delegated authority – for example, information on which supervisory officer is available at the board. In situations where no school administrator is present on school property, boards must include in their policies a mechanism for communicating to staff when and to whom administrative responsibilities have been delegated. A delegation under Part XIII of the Education Act must be in writing and is subject to any restrictions, limitations, and conditions set out in the delegation, which, at a minimum, must be as follows. Vice-Principals Delegation may include all authority of the principal under Part XIII of the Education Act except the final decision regarding a recommendation to the board to expel a student. Vice-principals may be delegated the authority to suspend a student for less than six school days. Teachers Board policies and procedures must include the following:
School-Level PlansSchool boards must require that all their schools develop and implement a school-wide progressive discipline plan. This plan must be consistent with the policies in this memorandum and with the policies and procedures of the board. Appendix 1: Excerpts From The LegislationEducation Act, as amended by the Education Amendment Act (Keeping Our Kids Safe at School), 2009 Relevant excerpts from section 300 of the Education Act, as amended by the Education Amendment Act (Keeping Our Kids Safe at School), 2009, are provided below for ease of reference. Delegation by principals Same Same Same Reporting to the principal Notice to parent or guardian Same Same Same Same Response by board employees Exception Same, governing delegation by principals Same, reporting to principals Same Same Same, support to certain pupils Same, governing responses by board employees Board Policies And GuidelinesDelegation by principals Same, reporting to principals Same, support to certain pupils Same, governing responses by board employees Education Act, as amended by the Education Amendment Act (Progressive Discipline and School Safety), 2007 Relevant excerpts from sections 301, 306, and 310 of the Education Act, as amended by the Education Amendment Act (Progressive Discipline and School Safety), 2007, are provided below for ease of reference. Policies and guidelines governing discipline Duty of boards Suspension Activities leading to possible suspension
Factors principal must consider Suspension, Investigation And Possible Expulsion Activities leading to suspension
Same Duration of suspension Assignment to program, etc. Ontario Regulation 472/07, “Behaviour, Discipline and Safety of Pupils” (formerly “Suspension and Expulsion of Pupils”) Mitigating factors
Other factors
Principal's duties where no notification to parent or guardian Where no response is required Appendix 2: Safe Schools Incident Reporting Forms (PDF, 81 KB)1. In this memorandum, the terms school board(s) and board(s) refer to district school boards and school authorities. 2. The term student, as used in this memorandum, refers to pupil, as used in the Education Act. 3. Serious student incidents are activities for which suspension or expulsion must be considered, as set out in sections 306 and 310 of the Education Act. 4. In this memorandum, parent(s) refers to parent(s) and guardian(s). For the purposes of Part XIII of the Education Act, students who are 18 years of age or older, and students who are 16 or 17 years of age but have withdrawn from parental control, are considered to be adults. 5. Safe Schools Policy and Practice: An Agenda for Action, Report of the Safe Schools Action Team (Toronto: June 2006), p. 6. 6. Shaping a Culture of Respect in Our Schools: Promoting Safe and Healthy Relationships, Report of the Safe Schools Action Team (Toronto: December 2008), p. 19. 7. In Ontario's Equity and Inclusive Education Strategy, 2009, diversity is defined as follows: “The presence of a wide range of human qualities and attributes within a group, organization, or society. The dimensions of diversity include, but are not limited to, ancestry, culture, ethnicity, gender, gender identity, language, physical and intellectual ability, race, religion, sex, sexual orientation, and socio-economic status.” (p. 4) 8. Shaping a Culture of Respect in Our Schools: Promoting Safe and Healthy Relationships, p. 9. 9. Community agencies include a range of community service agencies, local organizations, and programs. 10. In this memorandum, references to lesbian, gay, bisexual, and transgendered persons should be understood to include persons who identify themselves as queer, transsexual, two-spirited, intersexed, or questioning. 11. See Policy/Program Memorandum No. 9, “Reporting of Children in Need of Protection”, August 10, 2001. |
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