School Law 2007 A Reference Guide For Ontario

Chapter 3: Human Rights Legislation Rights and freedoms of Ontario citizens are protected by: 1)Charter of Rights and Freedoms (federal statute) 2)Ontario Human Rights Code (provincial act)

Charter of Rights and Freedoms Section 2 Everyone has the following fundamental freedoms: a) freedom of conscience and religion; b) freedom of thought, belief, opinion and expression, including freedom of the press and other media of communication; c) freedom of peaceful assembly, and d) freedom of association.

Section 2 Case Multani v. Commission scolaire Marguerite-Bourgeoys (2004) A Sikh student wished to wear a kirpin to school, and preventing this was a violation of his right to practice religion freely. Safety was a concern, but was an absolute ban was justified? SC-reasonable restrictions-kirpan to be sewn into clothing

Teachers’ Freedom of Expression? Discussion-Should teachers be permitted to “check their teaching hats at the schoolyard gate” and be free to voice their beliefs and opinions, no matter how offensive/extreme they may be?

Section 2 Cases R. v. Keegstra, [1990]-anti-hatred provisions of the Criminal Code were reason for limiting his freedom of expression. Ross v. New Brunswick School District-SC upheld banning the teacher for off-duty discriminatory comments. Kempling v. British Columbia College of Teachers, [2005]-suspended a teacher for anti- homosexual articles he wrote to a local newspaper.

In several decisions, the Supreme Court has ruled that teachers have special status and special obligations which may limit their freedom of expression. "By their conduct, teachers...must be perceived to uphold the values, beliefs and knowledge sought to be transmitted by the school system,“…"whether the conduct occurs within the classroom or beyond.“ Teachers are held to a higher standard of behaviour than people in other jobs.

Are teachers’ reputations more easily at risk due to the freedom of expression that both parents and students hold?

Search and Seizure Section 8, Charter of Rights and Freedoms-"Everyone has the right to be secure against unreasonable search or seizure". Scenario-On the way to school, a teacher sees a group of students huddled in a circle off school property. The group looks suspicious, as though they were trying to exchange something. Later that morning, a student approaches the teacher and explains that a students, with a locker beside theirs, has drugs and maybe a weapon in their locker. The student in question was part of the group in a circle. Does the teacher have grounds to search the locker? Is a search warrant needed? What should the teacher do or not do?

Ontario Human Rights Code Sexual Harassment The Ontario Human Rights Code provides for civil remedies, not criminal penalties. The Code-freedom from discrimination on the grounds of sex or sexual orientation Sexual harassment is behaviour that is sexual in nature, deliberate and/or repeated, and unwelcome. It may be a) Verbal, Psychological or Emotional b) Physical c) Visual

Scenarios 1)Can a Catholic school teacher that has publicly announced that they are homosexual be fired from their job? 2)Can some employers discriminate on the basis of age, sex, record of offences or marital status when hiring an new employee?

Special Employment Some exceptions to the protection against discrimination in employment!!!! 1)??? 2)Yes..an organization/ group protected by the Code, such as religious, educational or social institutions serving ethnic groups, people with disabilities, religious groups,…may choose to employ only members of that group if the qualification is a reasonable requirement because of the nature of the employment. Yes…for example, a shelter for battered women may choose to hire only women as counsellors; a club may only hire male attendants to work in the men's locker room….

Equality Rights-Section 15 (1) “Every individual is equal before and under the law and has the right to the equal protection and equal benefit of the law without discrimination and, in particular, without discrimination based on race, national or ethnic origin, colour, religion, sex, age or mental or physical disability.” Equality rights set out in the Charter have been invoked by parents to demand access to special education programs (Autism).

Chapter 6: Special Education Canadian Charter of Rights and Freedoms and Ontario Human Rights Code - used to demand equal access to educational services for their children with special needs. Many Regulations and Policy/Program Memoranda (PPM 140) Regulation 181/98: Identification and Placement of Exceptional Students

What is an exceptional student? Exceptional pupil-"a pupil whose behavioural, communicational, intellectual, physical, or multiple exceptionalities are such that he or she is considered to need placement in a special education program...." See handout!!!

What is a Special Education Program? Special education program- "an educational program that is based on and modified by the results of continuous assessment and evaluation and that includes a plan containing specific objectives and an outline of educational services that meet the needs of the exceptional pupil."

What is an IPRC and What Does it Do? The IPRC will: Decide whether or not the student should be identified as exceptional; Identify the areas of the student's exceptionality, Decide an appropriate placement Review at least once in each school year.

What will the IPRC's written Statement of Decision include? whether the IPRC has identified the student as exceptional; where identified categories and definitions of any exceptionalities, student's strengths and needs; placement decision; if should be placed in a special education class, the reasons for that decision.

I.E.P’s The Individual Education Plan (IEP) Considers recommendations made by the IPRC, Developing a transition plan, Must be completed within 30 days, Program and a copy must be sent to the parent/guardian The principal shall ensure that the IEP is in (OSR), unless a parent of the pupil has objected in writing.

IEP’s may also be prepared for students but who have not been formally identified as exceptional. What problems may this cause?