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Did you Know?
The Safe Schools Act, 2000 puts into law various ways to increase safety,
respect and responsibility in Ontario schools.
The purpose of the Act is to ensure that schools are safer learning and
teaching environments for students and teachers.
The Safe Schools Act includes:
- the Provincial School Code of Conduct, which explains the roles and
responsibilities everyone has in making schools safer for learning and
specifies the behaviour expected from everybody at school (not just
students);
- the mandatory consequences (e.g., expulsions, suspensions) for students
who break the rules;
- mitigating circumstances for students who are unable to control or
understand the consequences of their behaviour so long as the student’s
presence in a school does not create an unacceptable risk to the safety
of others;
- supports for fully expelled students, who in order to return to a
publicly funded school in Ontario, must complete a strict discipline
program or equivalent;
- a provincial appeal mechanism through the Child and Family Services
Review Board for students fully expelled by a board;
- limitations on who has access to school premises;
- the provincial model for local Police/School Board Protocols, which
sets consistent standards for co-operation between school boards and
police services in response to school incidents;
- a requirement that school boards collect a one-time criminal background
check for all board employees (teachers and non-teachers), as well as,
from private service providers who come into direct contact with students
on a regular basis; and
- an Appropriate Dress Policy.
Your school board and your school may have other rules. Ask about them.
The Provincial Code of Conduct is intended to help you feel safer and
more secure at school by setting out expectations that will promote respect
and demonstrate responsible citizenship.
All school members are expected to:
- respect and obey all applicable federal, provincial and municipal
laws;
- demonstrate honesty and integrity;
- respect differences in people and in their ideas and opinions;
- treat one another with dignity and respect at all times, especially
in disagreement;
- respect and treat others fairly, regardless of their race, ancestry,
place of origin, colour, ethnic origin, citizenship, religion, gender,
sexual orientation, age or disability;
- respect the rights of others;
- show proper care for school property and the property of others;
- take appropriate measures to help those in need;
- respect persons who are in a position of authority;
- respect the need of others to work in an environment of learning and
teaching.
As a student, you have certain responsibilities. These include:
- coming to school on time and being ready to learn;
- showing respect for yourself, for others and for those in authority;
- not bringing anything to school that may compromise the safety of
others;
- following the rules and taking responsibility for your actions.
School boards are required to have appropriate dress policies in place
and set out a process that allows a majority of parents to decide, through
their school council, what that appropriate dress will mean for their
school.
Access to School Premises
Persons who are on school premises who shouldn't be, may be fined up
to $5000. Persons permitted on school property include:
- a person enrolled as a student in the school;
- the parent or guardian of a student;
- an employee of the school board;
- a person who is on the premises for a lawful purpose (e.g., delivering
mail, voting);
- a person who is invited to attend an event, a class or a meeting on
school premises;
- a person who is invited onto school premises for a particular purpose
by the principal, a vice-principal or another person authorized by board
policy to do so.
Even if you are a person permitted on school property, you can be told
to leave if, in the judgment of the principal or other individuals authorized
by board policy, your presence is detrimental to the safety or well-being
of a person on the premises.
You will be suspended if you break certain rules. These include:
- swearing at a teacher or other person in authority;
- being in possession of alcohol;
- being under the influence of alcohol;
- behaving in other ways that your school has said will or may result
in a suspension.
Teachers can only hand out a one-day suspension. Principals can issue a suspension for up to 20 school days.
Suspension is also the penalty for:
- uttering a threat to inflict serious bodily harm;
- possession of illegal drugs;
- acts of vandalism causing extensive damage to school property or property
located on school premises.
Expulsion is the most severe punishment a school can hand out. You will
first be immediately suspended and then face an expulsion for the following:
- possession of a weapon, including, but not limited to firearms;
- trafficking in illegal drugs or weapons;
- robbery;
- use of a weapon to cause bodily harm, or to threaten serious harm;
- physical assault causing bodily harm requiring professional medical
treatment;
- sexual assault;
- providing alcohol to minors;
- behaving in other ways that your school has said will or may result
in an expulsion.
There are two types of expulsions: limited and full. Principals can hand
out only a limited expulsion. School boards can issue a limited or a full
expulsion.
A limited expulsion means that you can be expelled from your school for
between 21 days and one year. In order to return to your school, you must
meet the requirements for return set out by your board.
A full expulsion comes only after an expulsion hearing. If you are fully
expelled, you can't attend any publicly funded school in Ontario until
you have attended a Strict-Discipline Program or an equivalent program.
There are, however, mitigating circumstances that specify when a suspension
or an expulsion are not mandatory. For suspension, these include:
- if the student does not have the ability to control his or her behaviour;
- if the student does not have the ability to understand the foreseeable
consequences of his or her behaviour; or
- if the pupil's continuing presence in the school does not create an
unacceptable risk to the safety or well being of any person.
For expulsion, these include:
- if the student does not have the ability to control his or her behaviour;
- if the student does not have the ability to understand the foreseeable
consequences of his or her behaviour; or
- if the pupil's continuing presence in the school does not create an
unacceptable risk to the safety of any person.
Appealing a suspension or expulsion
If you have been suspended for longer than one day, you may appeal. Also,
if you have been expelled, the Safe Schools Act, 2000 allows you to appeal.
The Child and Family Services Review Board, will hear your appeal from
a school board expulsion. The Child and Family Services Review Board can
do the following:
- confirm the school board's decision;
- modify the type or length of the expulsion;
- impose, change or remove conditions that must be satisfied if you
are to return to school in Ontario following an expulsion;
- overrule the decision of the school board and reinstate you.
A principal's decision to expel may be appealed only to the district
school board. However, school board decisions to expel can be appealed
to the Child and Family Services Review Board.
Strict Discipline Programs
If you have been fully expelled, a Strict Discipline Program or equivalent
gives you the opportunity to change your behaviour and to acquire knowledge
and skills that can help you return to publicly funded school. What the
program involves depends on your needs. It will include educational supports
so you can catch up and it might also include behavioural supports such
as conflict-and-anger management.
The length of the program also varies, depending on individual needs.
Before being allowed back into the regular school, you have to meet the
standards of the Strict Discipline Program. You have to comply with standards
set out in the provincial Code of Conduct and demonstrate respect and
responsibility. You may be able to meet these requirements relatively
quickly, or you may require a longer time before being allowed back in
school.
Putting the Pieces Together
Here's what to expect if you commit an infraction that leads to a mandatory
expulsion:
You will be immediately suspended.
Police may be involved, depending on school board policy.
The principal will:
- refer the matter to the board, or
- conduct an inquiry.
If the principal conducts an inquiry, he or she may either:
- impose a limited expulsion, or
- refer the matter for the school board to decide.
If you receive a limited expulsion from your school, which can be
for 21 days to one year, then you will have to meet certain requirements
that are set by the school board in order to return to school.
If you receive a full expulsion (which can be imposed only by the
school board), you will have to successfully complete a Strict Discipline
Program or equivalent in order to return to any publicly funded school in Ontario.
If you feel you are being treated unfairly, there are many different
ways in which you can seek help. If you are having a problem at school,
talk to your parents about it. You can also go to a teacher you trust
or to your guidance counsellor.
Get involved!
You can learn more about how your school board makes its rules if you
talk to your teacher, principal, or school board trustee. You can also
talk to the student representative on your School Board, or your parent
council. You can tell the school board what you think about matters that
affect you. Speak up! Get involved! Know the rules!
Check your school and school board websites for additional information
on the new rules of behaviour. Stay informed! Stay involved!
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