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IMPACT OF SAFE SCHOOLS ACT Perspective of Schools and Boards

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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IMPACT OF SAFE SCHOOLS ACT Perspective of Schools and Boards

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  1. IMPACTOFSAFE SCHOOLS ACTPerspectiveofSchools and Boards Presented by Hugh M. Kelly

  2. 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

  3. 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

  4. 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

  5. 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

  6. 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

  7. 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

  8. 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

  9. 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

  10. 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

  11. 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

  12. 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

  13. 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

  14. Impact of Safe Schools ActPerspective of Schools & Boards CERTAIN PUPIL ACTIONS • REQUIRE Suspension • PERMIT Suspension • REQUIRE Expulsion • PERMIT Expulsion

  15. 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

  16. 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

  17. 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

  18. 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

  19. 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

  20. 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

  21. 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

  22. 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

  23. 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

  24. IMPACTOFSAFE SCHOOLS ACTPerspectiveofSchools and Boards Presented by Hugh M. Kelly

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