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IMPACT OF SAFE SCHOOLS ACT Perspective of Schools and Boards. Presented by Hugh M. Kelly. Impact of Safe Schools Act Perspective of Schools & Boards. Highly Personal View. Counsel to Trustees in About 40 Expulsion or Suspension Appeal Hearings Since Act in Force in September 2001.
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IMPACTOFSAFE SCHOOLS ACTPerspectiveofSchools and Boards Presented by Hugh M. Kelly
Impact of Safe Schools ActPerspective of Schools & Boards • Highly Personal View • Counsel to Trustees in About 40 Expulsion or Suspension Appeal Hearings Since Act in Force in September 2001 • Substantial Efforts Made to Ensure Fairness in Process • Recent Trend Is Toward Joint Submissions
Impact of Safe Schools ActPerspective of Schools & Boards • Use of Safe Schools Act Is Generally Appropriate • Act Is More Than Just Expulsions and Suspensions • Even Though Both Get More Attention Than Other Provisions • Hard to Come By Statistics That Are Useful to Determining Impact
Impact of Safe Schools ActPerspective of Schools & Boards • Resources Available May Vary by Board, and by School • Dependence Upon Funding • Requirement to Balance Competing Demands Upon Scarce Resources • Availability of SEPPA, ISA and SIP Grants
Impact of Safe Schools ActPerspective of Schools & Boards • Resources Applied by Board • Generally Translates Into the Supply of Personnel • Again, Requires a Balancing of Competing Demands Upon Resources • Not Rocket Science That Unit Costs for Special Programs Are Higher
Impact of Safe Schools ActPerspective of Schools & Boards Consider Human Resources That are Available • Teachers • EA’s and CYW’s • Principals • Special Education Teachers • Resource Teachers • Supervisory Officers
Impact of Safe Schools ActPerspective of Schools & Boards • Resources Available (Continued) • Consultants, Internal and External, including: • Social Work • Social Service Agencies • Medical / Nursing • Psychology • Psychiatry
Impact of Safe Schools ActPerspective of Schools & Boards EXCLUSION: USE OF §265(m) • Must Be Balanced Against Competing Statutory Rights • Right of Attendance As a Pupil, Resident or Co-terminus • Right of Parent, As A Visitor • Right of Appeal to the Board
Impact of Safe Schools ActPerspective of Schools & Boards USE OF §265(m) • Duty of Principal to Exercise Judgment • Refuse to Admit To School or Classroom • Person Whose Presence Is Detrimental • To Physical or Mental Well-being of Pupils
Impact of Safe Schools ActPerspective of Schools & Boards • Statutory Duties of Discipline • Education Act Imposes Duty Upon Teacher and Principal to Maintain Proper Order and Discipline • Duty of Teacher: In Classroom & While on Duty • Duty of Principal: In the Whole School
Impact of Safe Schools ActPerspective of Schools & Boards Oft Forgotten Statutory Duty of Discipline: Duty of Pupil • Duty Prescribed by Regulation • Exercise Self-Discipline • Accept Discipline Equivalent to That of Kind, Firm & Judicious Parent • Be Courteous to Fellow Pupils • Be Courteous & Obedient to Teachers
Impact of Safe Schools ActPerspective of Schools & Boards • Special Needs DOES NOT Abrogate Duty of Discipline • Special Needs MAY Relieve from, or Lessen, Penalty • Special Needs Requires Consideration of Impact of Needs on Suitability of Penalty • Statutory Recognition for This Principle -- OR37/01, 106/01
Impact of Safe Schools ActPerspective of Schools & Boards Discipline Is Generally Progressive • Starts With Gentle Guidance • Progresses to Greater Severity • Suspension for More Serious Acts • Expulsion for Most Serious Acts Board Policy Determines Specific Nature of Disciplinary Responses
Impact of Safe Schools ActPerspective of Schools & Boards CERTAIN PUPIL ACTIONS • REQUIRE Suspension • PERMIT Suspension • REQUIRE Expulsion • PERMIT Expulsion
Impact of Safe Schools ActPerspective of Schools & Boards Where Suspension or Expulsion Could Result From Pupil Actions: • Safe Schools Legislation DOES NOT DIFFERENTIATE Actions of Special Needs Pupils & Other Pupils • Safe Schools Legislation DOES DIFFERENTIATE Penalties for Actions of Special Needs Pupils & Other Pupils
Impact of Safe Schools ActPerspective of Schools & Boards MITIGATING CIRCUMSTANCES • Ontario Regulation 37/01 • Ontario Regulation 106/01 • May Make Penalty No Longer Mandatory • But Do Not EXCUSE Behaviour • AND Does Not Prohibit Expulsion
Impact of Safe Schools ActPerspective of Schools & Boards MITIGATING CIRCUMSTANCES • OR 37/01 & OR 106/01 • No Ability to Control Behaviour • No Ability to Understand the Foreseeable Consequences of Behaviour • Continuing Presence Not Create Unacceptable Risk to Safety or Well-being of Others
Impact of Safe Schools ActPerspective of Schools & Boards FACTORS AFFECTING PENALTY • Nature & Circumstance of Incident • Degree of Harm to the Victim and School Community • Intent to Cause Harm • Pupil History, Previous Offences • Consistency of Consequences With Similar Incidents • Willingness for Restitution / Rehabilitation
Impact of Safe Schools ActPerspective of Schools & Boards SUSPENSION AS PENALTY • Minimum = 1 School Day • Maximum = 20 School Days • From One or More Classes • From One or More School-related Activities • From Any Combination of Classes/Activities • School and all school related related activities
Impact of Safe Schools ActPerspective of Schools & Boards LIMITED EXPULSION AS PENALTY • Principal has Jurisdiction • Board has Jurisdiction • Only From School in Which Previously Enrolled • From School-Related Activities • For 20 School Days to One Year • Until Meet Board Requirements • Board School-Return Programs
Impact of Safe Schools ActPerspective of Schools & Boards SUSPENSION AND EXPULSION and SPECIAL NEEDS PUPILS • Limited Choices of Schools in Which Appropriate Programs Are Offered • Availability of Suitable Staff May Further Limit Choices • This is a Further Example of Need to Balance Competing Interests
Impact of Safe Schools ActPerspective of Schools & Boards FULL EXPULSION AS PENALTY • From ALL Ontario Schools • Unlimited As To Time • Requirement to Complete Strict Discipline Program • Right to Attend Inoperative • Either As Resident Pupil • Or As Open Access Pupil
Impact of Safe Schools ActPerspective of Schools & Boards TRANSPORTATION • Safety Is The Starting Point • Adjustments If Acting Out • Nature of Adjustment Depends On All Factors Involved • Re-arrangement of Seating • Place EA on Bus • Alternate Form ie Taxi • Temporary Suspension of Transportation Service
IMPACTOFSAFE SCHOOLS ACTPerspectiveofSchools and Boards Presented by Hugh M. Kelly