A safe and accepting learning and teaching environment is essential for student achievement and well-being.
A positive school climate means everyone — students, parents1, staff and community members – feels safe, welcomed and respected. Everyone has a role to play in promoting healthy relationships and contributing to a school climate which helps to encourage appropriate student behaviour.
When inappropriate student behaviour occurs, schools will use a progressive discipline approach which combines early and ongoing interventions to promote positive student behaviour. Schools consider a range of options to determine the most appropriate way to respond to each situation and help students learn from their choices, while taking into account their individual circumstances. In some cases, a suspension or an expulsion may be necessary.
Children's early years set the foundation for the relationships and successes they will experience later in their lives, making it crucial that children's earliest experiences truly foster positive development.
Research shows that when young children, many of whom are still learning classroom coping skills, are suspended from school at an early age and with great frequency, the impact can be academic failure and even leaving school early.
Following the July 2020 announcement of Ontario's Action Plan to Address Systemic Racism in Schools , the ministry has created new regulations that change how student behaviour is addressed in junior kindergarten to Grade 3.
The new regulations remove the discretion of the principal to suspend students in junior kindergarten to Grade 3 for activities listed in subsection 306(1) of the Education Act, beginning in the 2020-2021 school year. These behaviours should be addressed with the appropriate positive behaviour supports in the school setting. Activities listed in subsection 310(1) will still be subject to mandatory suspensions, pending the results of an investigation.
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As a result of school closures across the province, the process for expulsions and suspensions impacted many school boards.
On April 14, 2020, the government passed an amendment to the Education Act. This change will help ensure consistency, equity and fairness in how suspended students are treated if the review of their case for potential expulsion has been impacted by the school closure.
The amendment recognizes the special circumstances of boards, parents and students during the current state of emergency and provides the flexibility needed to carry out necessary suspension procedures once school closures end. This applies to situations where students were suspended before schools were ordered closed, but no decision has been made yet regarding their expulsion.
During the school closure, a Director of Education, upon the recommendation of a principal, may allow principals and boards to carry out investigations and expulsion hearings for these students, even if more than 20 school days have passed since the start of the suspension. Boards will now have up to 20 school days, from the date schools re-open, to complete required activities to determine whether an expulsion is warranted – this includes investigations and hearings.
This would have no effect on the length of a suspension. This means that:
In some cases, there may be students who were suspended for activities that could lead to expulsion. If the principal's suspension investigation was not completed before the school closure period, the Director of Education, upon the recommendation of a principal, can approve a delay in the investigation until after the school closure ends. This would allow the principal time to conduct a full investigation. If a Director of Education has given such approval, the investigation and expulsion hearing (if the principal recommends expulsion) must be completed within 20 school days after the school closure ends.
Students who are suspended from school have opportunities to continue learning to help them stay on track with their education.
A suspension means students are removed from school temporarily for a specific period of time. Students may be suspended for a period of time ranging from one school day up to 20 school days. Students cannot go to school or take part in regular school activities or events while on suspension.
Only the principal can suspend a student.
The principal must consider suspension if a student from grade 4 to grade 12 has engaged in any of the activities listed below, which are outlined in subsection 306(1) of the Education Act. As of September 1, 2020, students in junior kindergarten to Grade 3 can no longer be suspended for these activities:
Suspension will be considered whether the activity took place at school, at a school-related activity (e.g., a field trip), or in any other circumstances where the student's behaviour has an impact on the school climate (like cyber-bullying).
If a student in junior kindergarten to Grade 3 has engaged in any of the activities listed above, the principal must consider what positive behaviour supports could be provided to the student. There are a number of interventions that can be utilized. For example:
Before suspending a student, the principal must consider the individual circumstances of that student and must specifically take into account the following factors2:
Each decision on discipline is unique for each student. Based on these factors, the principal can decide on different consequences and supports for each student. For example, two students may be involved in an incident but only one student may be suspended. Or, a principal may suspend one student for five days but suspend another for three days, and suggest counselling for both students.
When students are suspended, the principal will make every reasonable effort to let their parents know within 24 hours. This will be followed by a letter notifying them about the suspension as well as an invitation to discuss supports that may be offered to their child. The letter will include important information, such as:
Students can be suspended for a period of one to 20 school days. Students who are suspended for more than five school days are considered to be on a long-term suspension.
Once a student has been suspended for more than five school days and agrees to participate in a program for suspended students, the principal will hold a planning meeting with school and board staff, the student, and parents (wherever possible) to identify the objectives of the Student Action Plan.
The plan defines the academic component and non-academic component, as appropriate, to promote positive behaviour the student will receive in the program. The program will be based on the student's needs, length of the suspension, the nature and severity of the behaviour as well as mitigating and other factors.
The academic part of the program will follow the Ontario curriculum and ensure that students have the opportunity to continue their education. If students have special education needs and an Individual Education Plan, the school board must provide supports that are consistent with the plan.
Principals must invite parents to have a discussion about the program, including the supports that will be provided for their child.
School boards must also have a process in place for parents to follow if they have concerns about the supports provided to their child.
A suspension can be appealed to the school board. Written notice of the request for an appeal must be sent to the superintendent of the school board within 10 school days of the start of the suspension.
The appeal must be heard within 15 school days of the board receiving the notice of appeal, unless the parents and school board have agreed to an extension. If parents have questions about the appeal, they can contact the superintendent of the school board.
Suspended students must be permitted to return to school after the suspension, investigation, and expulsion hearing (if relevant) is over. While a program must be offered by the school board to students who are suspended for more than five school days, students do not have to participate in or complete a school board program to return to school.
For students returning from a suspension lasting more than five school days, the principal will hold a re-entry meeting with school and school board staff, the student and their parents (where possible). Community agencies that have been working with the student may be included, as appropriate. The purpose of the meeting is to make the student's transition back to school successful (i.e., by identifying any extra academic or non-academic supports the student may need).
Suspension | Planning Meeting | Student Action Plan: Academic Component | Student Action Plan: Non-academic component (Supports) | Re-entry meeting |
---|---|---|---|---|
1-5 school days | Not required | Not required | Not required | Not required |
6-10 school days | Required | Required | Not required | Required |
11-20 school days | Required | Required | Required | Required |
Students who are expelled from school must be provided with opportunities to continue their education and must be offered additional non-academic supports, such as counselling, to help promote positive behaviour.
An expulsion is different from a suspension. An expulsion does not have a time limit. Expelled students are removed from school for an indefinite time period. Students are suspended first, while expulsion is being considered.
Students can be expelled from their own school or they can be expelled from all schools in their school board.
Students expelled from all schools in their school board cannot go to school or take part in regular school activities or events. For example, expelled students cannot go on field trips or take part in school team events.
After an investigation, the principal recommends to the school board whether or not a student should be expelled. Only the school board can make the decision to expel a student.
In some cases, there may be students who were suspended for activities that could lead to expulsion. If the expulsion hearing was not completed before the school closure period, the Director of Education, upon the recommendation of a principal, can allow for additional time for the board to conduct an expulsion hearing after the school closure ends. If a Director of Education has given such approval, the investigation and expulsion hearing (if the principal recommends expulsion) must be completed within 20 school days after the school closure ends.
If a student in junior kindergarten to Grade 3 engages in any of the activities listed below, the principal will conduct an investigation regarding the allegations to determine if the student should be suspended.
If a student in grade 4 to grade 12 has engaged in any of the activities listed below, the principal will immediately suspend the student and investigate the incident in order to determine whether the student should be expelled. Activities include:
Expulsion will happen whether the activity took place at school, at a school-related event (i.e., a field trip) or in any other circumstances where the student's behaviour has a negative impact on the school climate.
If the student is in junior kindergarten to Grade 3, the principal must conduct an investigation regarding the allegations to determine if the student should be suspended.
If the student is in grade 4 to grade 12, they will be suspended immediately. The principal must then investigate the matter in order to determine whether to recommend to the school board that the student be expelled. As part of the investigation, the principal must make every reasonable effort to speak to the student who was suspended, their parents, and anyone else who may have relevant information.
When students are suspended pending a possible expulsion, the principal will make every reasonable effort to let their parents know within 24 hours that the student has been suspended. This will be followed by a letter notifying them about the suspension. The letter will also include important information, such as:
Before deciding whether to recommend a student for expulsion, the principal must consider the student's individual circumstances and specifically take into account the following factors2:
Each decision on discipline is unique for each student. Based on these factors, one student may be recommended for an expulsion, while another student is not.
Following the investigation, the principal will:
a. Decide if the student should not be recommended for expulsion. In this case, the principal has three choices:
OR
b. Submit a report to the school board summarizing the principal's findings and recommending that the student be expelled from their school only, or from all schools in the school board. The report is also sent to the student's parents.
If the principal recommends an expulsion, the school board will then hold an expulsion hearing. This must happen within 20 school days of the student being suspended.
Where a school is under a school closure order, and where the Director of Education approves, the time limit for holding an expulsion hearing can be extended up to a maximum of 20 school days after school resumes (after the closure order expires). Under this special circumstance, the school board could hold an expulsion hearing and subsequently decide to expel a student, even though more than 20 school days had passed since the suspension expired. A principal is not required to wait until school resumes to resolve a suspension matter.
It is important to note that:
A committee of school board trustees may act on behalf of the school board to make the decision on the expulsion. The student and their parents have the opportunity to explain their views at the expulsion hearing.
After the expulsion hearing, the school board will:
a. Decide not to expel the student. If the board makes this decision it can then:
OR
b. Decide to expel the student only from their school.
OR
c. Decide to expel the student from all schools in the school board.
An expulsion can be appealed to the Child and Family Services Review Board within 30 school days after the expulsion notice has been received. Information on how to appeal the decision will be included in the notice of expulsion.
When students are expelled from their school only, the school board will assign them to another school in the board.
OR
When students are expelled from all schools in the school board, the school board must offer them a program for expelled students. When students complete the program, they can apply to return to school.
Parents will receive written notice of expulsion. It will give them information on the new school or the school board program the student can access. It will also include information on how to appeal the expulsion.
When students are expelled only from their school and moved to another school of the board, school boards must make supports and resources available to the student at that school where necessary. These supports could include anger management or individual/family counselling that are intended to help engage and motivate students and encourage positive behaviour.
When students are expelled from all schools in the school board and agree to participate in the program for expelled students, the principal will hold a planning meeting with school and school board staff, the student, and parents (wherever possible) to identify the objectives of the Student Action Plan.
This plan identifies the academic component and supports to promote positive behaviour the student will receive in the program. The program will be based on the student's needs, the nature and severity of the behaviour, as well as mitigating and other factors. The plan should be reviewed regularly by the school to determine the student's progress in meeting the objectives of the plan.
This part of the program ensures that students have the opportunity to continue their education. Students will continue to follow the Ontario curriculum.
If students have an Individual Education Plan, the board must provide supports consistent with the plan.
This part of the program will help students develop long-term positive attitudes and behaviours. It identifies services and supports students might need. These could include:
Principals must invite parents to have a discussion about the supports that will be provided for their child.
School boards must also have a process in place for parents to follow if they have concerns about the supports provided to their child.
Students who have been expelled from their school only may wish to return to that original school at a later date. Students can write to the school board asking to return. It is then up to the school board to decide whether the student can return to their original school.
OR
Students expelled from all schools in the school board can apply to return to school with their original school board. Students may also attend a different different eligible school board if they are living in that board's area and the following:
A re-entry plan must be developed to help the student make the transition back into school. School and school board staff, the student, and their parents (wherever possible) will meet with the principal to develop this plan. The plan should include:
Contact your school principal.
Visit your school board website.
Learn more about Ontario's approach to making schools safe and accepting by visiting ontario.ca/safeschools.