2. Safe Schools Act Ontario Code of Conduct Student Protection Act Ontario College of Teachers’ Act Child and Family Services Act

3.  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

4.  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

5.  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.

6.  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 Bill 212 repealed the former sections 306-311 including taking away the ability for a teacher to suspend  Instead of providing a list of infractions that require mandatory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

7.  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 drugs 3. Being under the influence of alcohol 4. Swearing at a teacher or at another person 5. 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. Bullying 7. Any other activity that is an activity for which a principal may suspend a pupil under the policy of the Board

8.  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

9.  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 history 2. Whether progressive discipline approach has been used with the pupil 3. 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 pupil 6. In the case of a pupil for whom an individual education plan has been developed

10.  Under the new law, as of February 1 st, 2008, principals will be required to assign suspended pupils to a program for suspended pupils pursuant to policies or guidelines

11.  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

12. 1. Possessing a weapon, including possessing a firearm 2. Using a weapon to cause or to threaten bodily harm to another person 3. Committing physical assault on another person that causes bodily harm requiring treatment by a medical practitioner 4. Committing sexual assault 5. Trafficking in weapons or illegal drugs 6. Committing robbery 7. Giving alcohol to a minor 8. 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

13.  These provisions have restored appropriate discretion regarding expulsions  Mitigating factors must also be considered for expulsions  School boards given till February 1 st, 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.

14.  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

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

16.  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.

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

18.  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

19.  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?

20.  Immunization of School Pupils Act The 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 law The 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

21.  Exemptions Even though immunization is mandatory in Ontario, some children may be exempted under the following special circumstances:  Appropriate medical reasons  Reasons of religious belief or conscience Suspensions  Medical officer may suspend for a period of up to 20 days. Parents may be fined up to $1000  Exclusions In 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)

22.  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

23.  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

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

25.  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.

26.  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

27.  One cannot sell or supply tobacco to anyone under 19 years of age in Ontario(the age under federal law is 18.  Restrictions on Smoking To 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 nursery Health authorities have the right to charge smokers on school property

28.  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

29. 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

30.  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...

31.  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

32.  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