Policy/Program Memorandum No. 144

Date of Issue: October 19, 2009

Effective: Until revoked or modified

Subject: BULLYING PREVENTION AND INTERVENTION

Application: Directors of Education
Superintendents of School Authorities
Principals of Elementary Schools
Principals of Secondary Schools
Principals of Provincial Schools
Special Education Advisory Committees

Reference: This memorandum replaces Policy/Program Memorandum No. 144, October 4, 2007.

Introduction

School boards1 in Ontario are required to have and implement policies on bullying prevention and intervention. School boards are now required to review and revise their existing policies and procedures on bullying prevention and intervention and are required to have their revised policies and procedures in place by February 1, 2010.

The purpose of this memorandum is to provide direction to boards on required revisions to their existing policies and procedures on bullying prevention and intervention.

Providing students2 with an opportunity to learn and develop in a safe and respectful community is a shared responsibility in which school boards and schools play an important role. Schools that have bullying prevention and intervention strategies foster a positive learning and teaching environment that supports academic achievement for all students and that helps students reach their full potential.

A positive “school climate is a crucial component of prevention; it may be defined as the sum total of all of the personal relationships within a school. When these relationships are founded in mutual acceptance and inclusion, and modelled by all, a culture of respect becomes the norm.”3 A positive school climate exists when all members of the school community feel safe, comfortable, and accepted. To help achieve a positive environment, boards and schools should actively promote and support positive behaviours that reflect their character development initiatives. They should also endeavour to ensure that parents4 and members of the broader community are involved in the school community.

Boards should support and maintain a positive school climate in their schools. The following are some characteristics of a positive school climate:5

Students and staff feel safe and are safe.
Healthy and inclusive relationships are promoted.
Students are encouraged to be positive leaders in their school community.
All partners are actively engaged.
Bullying prevention and awareness-raising strategies for students and staff are reinforced through programs addressing discrimination based on such factors as age, race, sexual orientation, gender, faith, disability, ethnicity, and socio-economic disadvantage.
Improvement of learning outcomes for all students is emphasized.

In recognition of the importance of addressing bullying, which can have a significant impact on student safety, learning, and the school climate, bullying is one of the infractions for which suspension must be considered. For the relevant sections of the Education Act and Ontario Regulation 472/07, see the excerpts provided in Appendix 1 to this memorandum.

Research

Research and experience show that bullying is a serious issue that has far-reaching consequences for individuals, their families and peers, and the community at large. According to the Centre for Addiction and Mental Health, one-third of students are being bullied at school and almost a third of students report having bullied someone else.6 Research indicates that a clearly articulated school-wide bullying prevention policy is the foundation of effective bullying prevention programming.

If students who are bullied, who bully others, or who witness bullying receive the necessary support, they can learn effective strategies for interacting positively with others and for promoting positive peer dynamics. Research also shows that administrators and teachers need to be provided with opportunities to acquire the knowledge and skills necessary to address bullying through school-level bullying prevention and intervention strategies.

Definition of Bullying

For the purposes of policies on bullying prevention and intervention, school boards will use the following definition of bullying:

Bullying is typically a form of repeated, persistent, and aggressive behaviour directed at an individual or individuals that is intended to cause (or should be known to cause) fear and distress and/or harm to another person's body, feelings, self-esteem, or reputation. Bullying occurs in a context where there is a real or perceived power imbalance.

Students may attain or maintain power over others in the school through real or perceived differences. Some areas of difference may be size, strength, age, intelligence, economic status, social status, solidarity of peer group, religion, ethnicity, disability, need for special education, sexual orientation, family circumstances, gender, and race.

Bullying is a dynamic of unhealthy interaction that can take many forms. It can be physical (e.g., hitting, pushing, tripping), verbal (e.g., name calling, mocking, or making sexist, racist, or homophobic comments), or social (e.g., excluding others from a group, spreading gossip or rumours). It may also occur through the use of technology (e.g., spreading rumours, images, or hurtful comments through the use of e-mail, cellphones, text messaging, Internet websites, or other technology).

Children who suffer prolonged victimization through bullying, as well as children who use power and aggression as bullies, may experience a range of psycho-social problems that may extend into adolescence and adulthood.

School Board Policies On Bullying Prevention And Intervention

Policy Development

In revising their policies and procedures on bullying prevention and intervention, boards have the flexibility to take into account local needs and circumstances, such as geographical considerations, demographics, cultural needs, and availability of board and community supports and resources.

Boards should draw upon evidence-based practices that promote positive student behaviour. In revising their policies, boards must consult with school councils. They should also consult with parents, principals,7 teachers, and non-teaching staff (including, but not limited to, staff in social work, child and youth work, psychology, and related areas, and educational assistants), as well as students, their Parent Involvement Committee, their Special Education Advisory Committee, community partners, social service agencies, members of Aboriginal communities (e.g., Elders), and other appropriate community groups.

Board policies must reflect the principles outlined in related documents, such as Policy/Program Memorandum No. 119, “Developing and Implementing Equity and Inclusive Education Policies in Ontario Schools”, June 24, 2009; Regulation 181/98, “Identification and Placement of Exceptional Pupils”; Individual Education Plans: Standards for Development, Program Planning, and Implementation, 2000; Ontario First Nation, Métis, and Inuit Education Policy Framework, 2007; and English Language Learners: ESL and ELD Programs and Services, 2007. Where possible, the policies should incorporate other relevant board-wide policies, strategies, and initiatives, such as Student Success, the equity and inclusive education strategy, and character development.

Boards are required to adhere to the Municipal Freedom of Information and Protection of Privacy Act, the Ontario Human Rights Code, and the Education Act and regulations made under the Act in the development and implementation of their policies. Board policies must respect all applicable collective agreements. Boards should consult with their legal counsel and freedom of information coordinators to ensure that they are fulfilling their legal responsibilities.

Policy Components and Implementation Strategies

1. Policy Statement
Board policies must include the following statements:

Bullying adversely affects a student's ability to learn.
Bullying adversely affects healthy relationships and the school climate.
Bullying adversely affects a school's ability to educate its students.
Bullying will not be accepted on school property, at school-related activities, on school buses, or in any other circumstances (e.g., online) where engaging in bullying will have a negative impact on the school climate.

2. The Definition of Bullying
Board policies must include the definition of bullying that is contained on page 2 of this memorandum.

3. Prevention and Awareness-Raising Strategies
Board policies must include a comprehensive prevention and awareness-raising strategy that includes expectations for appropriate student behaviour.

Board policies should include teaching strategies that support the school-wide bullying prevention policies. These strategies should focus on developing healthy relationships by including bullying prevention in daily classroom teaching (e.g., by including on reading lists books that deal with bullying).

School boards should provide opportunities for all students to participate in bullying prevention training and leadership initiatives within their own school.

4. Intervention and Support Strategies
Board policies must include a comprehensive intervention strategy to address incidents of bullying, including appropriate and timely responses. Intervention and support should be consistent with a progressive discipline approach. The strategies could range from early interventions to more intensive interventions in cases of persistent bullying, with possible referral to community or social service agencies. Ongoing intervention and support may be necessary to sustain and promote positive student behaviour. For a student with special education needs, interventions, supports, and consequences must be consistent with the student's strengths, needs, goals, and expectations contained in his or her Individual Education Plan (IEP).

All employees of the board must take seriously all allegations of bullying behaviour and act in a timely, sensitive, and supportive manner when responding to students who disclose or report bullying incidents.

Board employees who work directly with students – including administrators, teachers, and non-teaching staff (including staff in social work, child and youth work, psychology, and related areas, and educational assistants) – must respond to any student behaviour that is likely to have a negative impact on the school climate. Such behaviour includes all inappropriate and disrespectful behaviour at any time at school and at any school-related event if, in the employee's opinion, it is safe to respond to it, in accordance with subsection 300.4 of Part XIII of the Education Act and Ontario Regulation 472/07. Such inappropriate behaviour may involve bullying.

Boards must also put in place procedures to allow students to report bullying incidents safely and in a way that will minimize the possibility of reprisal. These procedures should also define the responsibilities and roles of the principal, teachers, parents, and students.

Boards must provide support for students who have been bullied, students who have bullied others, and students who have been affected by observing bullying.

Boards must outline in their policies the procedures that are in place to support students – as well as their parents – regarding bullying issues, including bullying based on gender and on sexual orientation. These policies and procedures must outline what schools are required to do to support these students, including the development of specific plans to protect victims, and must outline a process for parents to follow if they are not satisfied with the supports that their children receive. In Policy/Program Memorandum No. 145, “Progressive Discipline and Promoting Positive Student Behaviour”, October 19, 2009, the ministry provides further direction to boards regarding supports for students who have been harmed as a result of any incident for which suspension or expulsion must be considered.

Board policies should include teaching strategies that focus on developing healthy relationships by including bullying prevention throughout the curriculum in daily classroom teaching.

5. Reporting to Principals
The purpose of reporting incidents of inappropriate and disrespectful behaviour is to ensure that the principal is aware of any activities taking place in the school for which suspension or expulsion must be considered.

Section 300.2 of Part XIII of the Education Act states that an employee of the board who becomes aware that a student at a school of the board may have engaged in an activity for which suspension or expulsion must be considered shall report the matter to the principal as soon as reasonably possible. The employee must consider the safety of others and the urgency of the situation in reporting the incident, but, in any case, must report it to the principal no later than the end of the school day.

In cases where an immediate action is required, a verbal report to the principal may be made. A written report must be made when it is safe to do so.

All employee reports made to the principal must be confirmed in writing, using the “Safe Schools Incident Reporting Form – Part I” in Appendix 2 to this memorandum. Boards must specify on this form any other activities for which a student may be suspended or expelled, according to board policy. Boards must not make any other modifications to this form.

Boards are expected to provide information to board employees on completing the Safe Schools Incident Reporting Forms provided in Appendix 2 to this memorandum. For example, employees who are reporting an incident must submit the “Safe Schools Incident Reporting Form – Part I” to the principal in a timely manner. The principal must provide the person who submitted the report with written acknowledgement of receipt on the “Safe Schools Incident Reporting Form – Part II”. Each report will be assigned a report number.

If the principal has decided that action must be taken as a result of an incident of bullying, he or she will file a copy of the reporting form with documentation indicating the action taken in the Ontario Student Record (OSR) of the student whose behaviour was inappropriate. The names of all other students that appear on the form – both aggressors and victims – must be removed from the form before it is filed in the student's OSR.

Where the principal has taken action in the case of more than one student, a copy of the reporting form and documentation indicating the action taken must be filed in the OSR of each student whose behaviour was inappropriate. The names of all other students that appear on the form – both aggressors and victims – must be removed from the form before it is filed in the OSR of the student whose behaviour was inappropriate.

In the case of the victim, no information about the incident must be placed in his or her OSR, unless the victim or parent of the victim expressly requests that it be placed in the OSR.

In situations where the victim is also an aggressor and the principal has taken some action short of suspension, no information about the incident must be placed in this student's OSR if the principal has decided not to notify this student's parents. However, if the principal has notified this student's parents, information regarding the incident and the action taken will be placed in the OSR.

The form and documentation must be kept in the OSR for a minimum of one year unless the board has required a longer period.

In all cases, the principal must provide the employee who reported the incident with written acknowledgement of receipt of the report, using the “Safe Schools Incident Reporting Form – Part II”, and must specify whether action has been taken or no action is required. If no further action is taken by the principal, the principal is not required to retain the report, and should destroy it. Information that could identify the student(s) involved must not be part of the acknowledgement.

In addition to employees of the board, school bus drivers must also be required to report such incidents in writing to the principal of the school. Boards are required to include bus driver reporting requirements in their transportation policies and contracts.

Boards may also put policies in place to require other non-board employees who come into direct contact with students on a regular basis, as outlined in subsection 300.4 (5.3) of Part XIII of the Education Act, to report such matters to the principal (e.g., outdoor education instructors).

6. Training Strategies for Administrators, Teachers, and Non-teaching Staff
Boards must put in place training strategies on bullying prevention and intervention for all administrators, teachers, and non-teaching staff (including staff in social work, child and youth work, psychology, and related areas, and educational assistants). The training strategies must include ways of responding to gender-based and homophobic bullying that are consistent with equity training on cultural sensitivity, on respect for diversity, and on special education needs. Boards may also make training available to other adults who have significant contact with students (e.g., school bus operators/drivers, volunteers). Boards should also recognize the ongoing need to support training for new teachers.

7. Communications and Outreach Strategies
Boards must actively communicate their policies and procedures on bullying prevention and intervention to students, parents, teachers and other school staff, their Special Education Advisory Committee, school councils, and school bus operators and drivers.

It is important that the roles and responsibilities of all members of the school community (e.g., principals, teachers, students, parents) be clearly articulated and understood.

Boards should make every effort to provide access to appropriate supports for parents (taking into account linguistic, ethnocultural, and disability considerations) and to expand opportunities to support teachers in addressing bullying issues.

8. Monitoring and Review
Boards must monitor, review, and evaluate the effectiveness of board policies and procedures through indicators established in consultation with teachers, non-teaching staff, students, parents, school councils, their Special Education Advisory Committee, their Parent Involvement Committee, and service providers in the community. Boards will also conduct a cyclical review of their policies and procedures in a timely manner.

School-Level Plans

School boards must require that all their schools revise their existing school-wide bullying prevention and intervention plans as part of their School Improvement Plan. Components of these plans must include the following:8

the definition of bullying
prevention and awareness-raising strategies
intervention and support strategies, including plans to protect victims
reporting requirements
training strategies for members of the school community
communication and outreach strategies
monitoring and review processes

The school plans must be consistent with the policies in this memorandum and with the policies and procedures of the board.

Safe Schools Teams

Each school must have in place a safe schools team responsible for school safety that is composed of at least one student (where appropriate), one parent, one teacher, one non-teaching staff member, one community partner, and the principal. An existing school committee (e.g., the healthy schools committee) can assume this role. The chair of this team must be a staff member.

Appendix 1: Excerpts From The Legislation

Education Act, as amended by the Education Amendment Act (Keeping Our Kids Safe at School), 2009

Relevant excerpts from section 300 of the Education Act, as amended by the Education Amendment Act (Keeping Our Kids Safe at School), 2009, are provided below for ease of reference.

Delegation by principals
300.1 (1) A principal of a school may delegate in writing any of his or her powers, duties or functions under this Part to,
(a) a vice-principal of the school; and
(b) a teacher employed in the school.

Same
(2) A teacher who is not a vice-principal may only act under a delegation under this section if the principal and vice-principal of the school are absent from the school.

Same
(3) A delegation under this section is subject to any restrictions, limitations and conditions set out in the delegation.

Same
(4) A delegation under this section shall be in accordance with any policies and guidelines established by the Minister under subsection 301 (5.1) or by the board under subsection 302 (0.1).

Reporting to the principal
300.2 (1) An employee of a board who becomes aware that a pupil of a school of the board may have engaged in an activity described in subsection 306 (1) or 310 (1) shall, as soon as reasonably possible, report to the principal of the school about the matter.

Notice to parent or guardian
300.3 (1) Subject to subsections (2) and (3), if the principal of a school believes that a pupil of the school has been harmed as a result of an activity described in subsection 306 (1) or 310 (1), the principal shall, as soon as reasonably possible, notify the parent or guardian of the pupil.

Same
(2) A principal shall not, without the pupil's consent, notify a parent or guardian of a pupil who is,
(a) 18 years or older; or
(b) 16 or 17 years old and has withdrawn from parental control.

Same
(3) A principal shall not notify a parent or guardian of a pupil if in the opinion of the principal doing so would put the pupil at risk of harm from a parent or guardian of the pupil, such that the notification is not in the pupil's best interests.

Same
(4) When notifying a parent or guardian of a pupil under this section, the principal shall disclose,
(a) the nature of the activity that resulted in harm to the pupil;
(b) the nature of the harm to the pupil; and
(c) the steps taken to protect the pupil's safety, including the nature of any disciplinary measures taken in response to the activity.

Same
(5) When notifying a parent or guardian under this section, the principal shall not disclose the name of or any other identifying or personal information about a pupil who engaged in the activity that resulted in the harm, except in so far as is necessary to comply with subsection (4).

Response by board employees
300.4 (1) If the Minister has established policies or guidelines under subsection 301 (5.6), an employee of a board who observes a pupil of a school of the board behaving in a way that is likely to have a negative impact on the school climate shall respond in accordance with those policies and guidelines and in accordance with any policies and guidelines established by the board under subsection 302 (3.3).

Exception
(2) Subsection (1) does not apply in circumstances set out in a regulation made under clause 316 (1) (d).
2. Section 301 of the Act is amended by adding the following subsections:

Same, governing delegation by principals
(5.1) The Minister may establish policies and guidelines with respect to delegation by principals, under section 300.1, of their powers, duties or functions under this Part.

Same, reporting to principals
(5.2) The Minister may establish policies and guidelines requiring individuals described in subsection (5.3) who become aware that a pupil of a school of a board may have engaged in an activity described in subsection 306 (1) or 310 (1) to report to the principal of the school about the matter, as soon as reasonably possible.

Same
(5.3) The individuals referred to in subsection (5.2) are individuals who are not board employees who come into direct contact with pupils of a board on a regular basis in the normal course of,
(a) providing goods or services to the board;
(b) carrying out their employment functions as an employee of a person who provides goods or services to the board; or
(c) providing services to a person who provides goods or services to the board.

Same
(5.4) The Minister may establish policies and guidelines with respect to reporting to principals under section 300.2 or under a policy or guideline established under subsection (5.2).

Same, support to certain pupils
(5.5) The Minister may establish policies and guidelines with respect to the support to be provided to a pupil when a principal does not notify a parent or guardian of the pupil because of the circumstances described in subsection 300.3 (3).

Same, governing responses by board employees
(5.6) The Minister may establish policies and guidelines with respect to responses under section 300.4 by employees of a board, including but not limited to policies and guidelines with respect to the kinds of responses that are appropriate.
3. (1) Section 302 of the Act is amended by adding the following subsection:

Board Policies And Guidelines
Delegation by principals
(0.1) Every board shall establish policies and guidelines with respect to delegation by principals, under section 300.1, of their powers, duties or functions under this Part and the policies and guidelines must be consistent with the policies and guidelines established by the Minister under section 301, and must address such matters and include such requirements as the Minister may specify.
(2) Section 302 of the Act is amended by adding the following subsections:

Same, reporting to principals
(3.1) If required to do so by the Minister, a board shall establish policies and guidelines with respect to reporting to principals under section 300.2 or under a policy or guideline established under subsection 301 (5.2), and the policies and guidelines must be consistent with those established by the Minister under section 301 and must address such matters and include such requirements as the Minister may specify.

Same, support to certain pupils
(3.2) If required to do so by the Minister, a board shall establish policies and guidelines with respect to the support to be provided to a pupil when a principal does not notify a parent or guardian of the pupil because of the circumstances described in subsection 300.3 (3), and the policies and guidelines must be consistent with those established by the Minister under section 301 and must address such matters and include such requirements as the Minister may specify.

Same, governing responses by board employees
(3.3) If required to do so by the Minister, a board shall establish policies and guidelines with respect to responses under section 300.4 by employees of a board, including but not limited to policies and guidelines with respect to the kinds of responses that are appropriate, and the policies and guidelines must be consistent with those established by the Minister under section 301, and must address such matters and include such requirements as the Minister may specify.
4. Subsection 316 (1) of the Act is amended by adding the following clauses:
(c) governing actions to be taken by a principal who does not notify a parent or guardian of the pupil because of the circumstances described in subsection 300.3 (3);
(d) setting out circumstances in which employees are not required to respond under section 300.4.

Education Act, as amended by the Education Amendment Act (Progressive Discipline and School Safety), 2007
Relevant excerpts from sections 301, 302, and 306 of the Education Act, as amended by the Education Amendment Act (Progressive Discipline and School Safety), 2007, are provided below for ease of reference. Note that bullying is one of the infractions for which suspension must be considered.

Policies and guidelines promoting safety
301. (7) The Minister may establish policies and guidelines to promote the safety of pupils.

Duty of boards
(9) The Minister may require boards to comply with policies and guidelines established under this section.

Board's policies and guidelines promoting safety
302. (3) If required to do so by the Minister, a board shall establish policies and guidelines to promote the safety of pupils, and the policies and guidelines must be consistent with those established by the Minister under section 301 and must address such matters and include such requirements as the Minister may specify.

Suspension

Activities leading to possible suspension
306. (1) A principal shall consider whether to suspend a pupil if he or she believes that the pupil has 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:

Uttering a threat to inflict serious bodily harm on another person.
Possessing alcohol or illegal drugs.
Being under the influence of alcohol.
Swearing at a teacher or at another person in a position of authority.
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.
Bullying.
Any other activity that is an activity for which a principal may suspend a pupil under a policy of the board.

Factors principal must consider
(2) In considering whether to suspend a pupil for engaging in an activity described in subsection (1), a principal shall take into account any mitigating or other factors prescribed by the regulations.

Ontario Regulation 472/07, “Behaviour, Discipline and Safety of Pupils” (formerly “Suspension and Expulsion of Pupils”)
Relevant excerpts from Ontario Regulation 472/07, made under the Education Act, are provided below for ease of reference.

Mitigating factors
2. For the purposes of subsections 306 (2), 306 (4), 310 (3), 311.1 (4) and clauses 311.3 (7) (b) and 311.4 (2) (b) of the Act, the following mitigating factors shall be taken into account:

The pupil does not have the ability to control his or her behaviour.
The pupil does not have the ability to understand the foreseeable consequences of his or her behaviour.
The pupil's continuing presence in the school does not create an unacceptable risk to the safety of any person.

Other factors
3. For the purposes of subsections 306 (2), 306 (4), 310 (3), 311.1 (4) and clauses 311.3 (7) (b) and 311.4 (2) (b) of the Act, 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:

The pupil's history.
Whether a progressive discipline approach has been used with the pupil.
Whether the activity for which the pupil may be or is being suspended or expelled was related to any harassment of the pupil because of his or her race, ethnic origin, religion, disability, gender or sexual orientation or to any other harassment.
How the suspension or expulsion would affect the pupil's ongoing education.
The age of the pupil.
In the case of a pupil for whom an individual education plan has been developed,

whether the behaviour was a manifestation of a disability identified in the pupil's individual education plan,
whether appropriate individualized accommodation has been provided, and
whether the suspension or expulsion is likely to result in an aggravation or worsening of the pupil's behaviour or conduct.

Principal's duties where no notification to parent or guardian
      7.  If the principal of a school believes that a pupil of the school has been harmed as a result of an activity described in subsection 306 (1) or 310 (1) of the Act, and the principal does not notify a parent or guardian of the pupil because of the circumstances described in subsection 300.3 (3) of the Act, the principal shall,
      (a) document the rationale for the decision not to notify a parent or guardian of the pupil;
      (b) inform the appropriate supervisory officer of the decision not to notify a parent or guardian of the pupil;
      (c) if a teacher informed the principal of the harm, inform the teacher of the decision not to notify a parent or guardian of the pupil; and
      (d) if the principal determines it is appropriate to do so, inform other board employees of the decision not to notify a parent or guardian of the pupil.
Where no response is required
      8.  An employee of a board who observes a pupil of a school of the board behaving in a way that is likely to have a negative impact on the school climate is not required to respond under section 300.4 of the Act if responding would, in the employee's opinion, cause immediate physical harm to himself or herself or to that of a student or another person.

Appendix 2: Safe Schools Incident Reporting Forms (PDF, 1 KB)

1. In this memorandum, school board(s) and board(s) refer to district school boards and school authorities.

2. The term student, as used in this memorandum, refers to pupil, as used in the Education Act.

3. Safe Schools Policy and Practice: An Agenda for Action, Report of the Safe Schools Action Team (Toronto: June 2006), p. 8.

4. In this memorandum, parent(s) refers to parent(s) and guardian(s). For the purposes of Part XIII of the Education Act, students who are 18 years of age or older, and students who are 16 or 17 years of age but have withdrawn from parental control, are considered to be adults.

5. Based on Safe Schools Policy and Practice: An Agenda for Action, p. 7.

6. Edward M. Adlaf, Angela Paglia-Boak, Joseph H. Beitchman, and David Wolfe, The Mental Health and Well-Being of Ontario Students, 1991–2005. Ontario Student Drug Use Survey, CAMH Research Document Series, No. 18 (Toronto: Centre for Addiction and Mental Health, 2005), p. 89.

7. In this memorandum, principal refers to the principal or to a person designated by the principal or by the board.

8. Shaping Safer Schools: A Bullying Prevention Action Plan, Report of the Safe Schools Action Team (Toronto: November 2005), pp. 24–27.

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Telephone Directory ServiceOntario Centres MPPs Features Research in Education Education Facts School Board Finder Premier's Awards for Teaching Excellence abc123 Energizing Ontario Education	E-mail Print Accessibility Policy/Program Memorandum No. 144 Date of Issue: October 19, 2009 Effective: Until revoked or modified Subject: BULLYING PREVENTION AND INTERVENTION Application: Directors of Education Superintendents of School Authorities Principals of Elementary Schools Principals of Secondary Schools Principals of Provincial Schools Special Education Advisory Committees Reference: This memorandum replaces Policy/Program Memorandum No. 144, October 4, 2007. Introduction School boards1 in Ontario are required to have and implement policies on bullying prevention and intervention. School boards are now required to review and revise their existing policies and procedures on bullying prevention and intervention and are required to have their revised policies and procedures in place by February 1, 2010. The purpose of this memorandum is to provide direction to boards on required revisions to their existing policies and procedures on bullying prevention and intervention. Providing students2 with an opportunity to learn and develop in a safe and respectful community is a shared responsibility in which school boards and schools play an important role. Schools that have bullying prevention and intervention strategies foster a positive learning and teaching environment that supports academic achievement for all students and that helps students reach their full potential. A positive “school climate is a crucial component of prevention; it may be defined as the sum total of all of the personal relationships within a school. When these relationships are founded in mutual acceptance and inclusion, and modelled by all, a culture of respect becomes the norm.”3 A positive school climate exists when all members of the school community feel safe, comfortable, and accepted. To help achieve a positive environment, boards and schools should actively promote and support positive behaviours that reflect their character development initiatives. They should also endeavour to ensure that parents4 and members of the broader community are involved in the school community. Boards should support and maintain a positive school climate in their schools. The following are some characteristics of a positive school climate:5 Students and staff feel safe and are safe. Healthy and inclusive relationships are promoted. Students are encouraged to be positive leaders in their school community. All partners are actively engaged. Bullying prevention and awareness-raising strategies for students and staff are reinforced through programs addressing discrimination based on such factors as age, race, sexual orientation, gender, faith, disability, ethnicity, and socio-economic disadvantage. Improvement of learning outcomes for all students is emphasized. In recognition of the importance of addressing bullying, which can have a significant impact on student safety, learning, and the school climate, bullying is one of the infractions for which suspension must be considered. For the relevant sections of the Education Act and Ontario Regulation 472/07, see the excerpts provided in Appendix 1 to this memorandum. Research Research and experience show that bullying is a serious issue that has far-reaching consequences for individuals, their families and peers, and the community at large. According to the Centre for Addiction and Mental Health, one-third of students are being bullied at school and almost a third of students report having bullied someone else.6 Research indicates that a clearly articulated school-wide bullying prevention policy is the foundation of effective bullying prevention programming. If students who are bullied, who bully others, or who witness bullying receive the necessary support, they can learn effective strategies for interacting positively with others and for promoting positive peer dynamics. Research also shows that administrators and teachers need to be provided with opportunities to acquire the knowledge and skills necessary to address bullying through school-level bullying prevention and intervention strategies. Definition of Bullying For the purposes of policies on bullying prevention and intervention, school boards will use the following definition of bullying: Bullying is typically a form of repeated, persistent, and aggressive behaviour directed at an individual or individuals that is intended to cause (or should be known to cause) fear and distress and/or harm to another person's body, feelings, self-esteem, or reputation. Bullying occurs in a context where there is a real or perceived power imbalance. Students may attain or maintain power over others in the school through real or perceived differences. Some areas of difference may be size, strength, age, intelligence, economic status, social status, solidarity of peer group, religion, ethnicity, disability, need for special education, sexual orientation, family circumstances, gender, and race. Bullying is a dynamic of unhealthy interaction that can take many forms. It can be physical (e.g., hitting, pushing, tripping), verbal (e.g., name calling, mocking, or making sexist, racist, or homophobic comments), or social (e.g., excluding others from a group, spreading gossip or rumours). It may also occur through the use of technology (e.g., spreading rumours, images, or hurtful comments through the use of e-mail, cellphones, text messaging, Internet websites, or other technology). Children who suffer prolonged victimization through bullying, as well as children who use power and aggression as bullies, may experience a range of psycho-social problems that may extend into adolescence and adulthood. School Board Policies On Bullying Prevention And Intervention Policy Development In revising their policies and procedures on bullying prevention and intervention, boards have the flexibility to take into account local needs and circumstances, such as geographical considerations, demographics, cultural needs, and availability of board and community supports and resources. Boards should draw upon evidence-based practices that promote positive student behaviour. In revising their policies, boards must consult with school councils. They should also consult with parents, principals,7 teachers, and non-teaching staff (including, but not limited to, staff in social work, child and youth work, psychology, and related areas, and educational assistants), as well as students, their Parent Involvement Committee, their Special Education Advisory Committee, community partners, social service agencies, members of Aboriginal communities (e.g., Elders), and other appropriate community groups. Board policies must reflect the principles outlined in related documents, such as Policy/Program Memorandum No. 119, “Developing and Implementing Equity and Inclusive Education Policies in Ontario Schools”, June 24, 2009; Regulation 181/98, “Identification and Placement of Exceptional Pupils”; Individual Education Plans: Standards for Development, Program Planning, and Implementation, 2000; Ontario First Nation, Métis, and Inuit Education Policy Framework, 2007; and English Language Learners: ESL and ELD Programs and Services, 2007. Where possible, the policies should incorporate other relevant board-wide policies, strategies, and initiatives, such as Student Success, the equity and inclusive education strategy, and character development. Boards are required to adhere to the Municipal Freedom of Information and Protection of Privacy Act, the Ontario Human Rights Code, and the Education Act and regulations made under the Act in the development and implementation of their policies. Board policies must respect all applicable collective agreements. Boards should consult with their legal counsel and freedom of information coordinators to ensure that they are fulfilling their legal responsibilities. Policy Components and Implementation Strategies *1. Policy Statement* Board policies must include the following statements: Bullying adversely affects a student's ability to learn. Bullying adversely affects healthy relationships and the school climate. Bullying adversely affects a school's ability to educate its students. Bullying will not be accepted on school property, at school-related activities, on school buses, or in any other circumstances (e.g., online) where engaging in bullying will have a negative impact on the school climate. 2. The Definition of Bullying Board policies must include the definition of bullying that is contained on page 2 of this memorandum. *3. Prevention and Awareness-Raising Strategies* Board policies must include a comprehensive prevention and awareness-raising strategy that includes expectations for appropriate student behaviour. Board policies should include teaching strategies that support the school-wide bullying prevention policies. These strategies should focus on developing healthy relationships by including bullying prevention in daily classroom teaching (e.g., by including on reading lists books that deal with bullying). School boards should provide opportunities for all students to participate in bullying prevention training and leadership initiatives within their own school. *4. Intervention and Support Strategies* Board policies must include a comprehensive intervention strategy to address incidents of bullying, including appropriate and timely responses. Intervention and support should be consistent with a progressive discipline approach. The strategies could range from early interventions to more intensive interventions in cases of persistent bullying, with possible referral to community or social service agencies. Ongoing intervention and support may be necessary to sustain and promote positive student behaviour. For a student with special education needs, interventions, supports, and consequences must be consistent with the student's strengths, needs, goals, and expectations contained in his or her Individual Education Plan (IEP). All employees of the board must take seriously all allegations of bullying behaviour and act in a timely, sensitive, and supportive manner when responding to students who disclose or report bullying incidents. Board employees who work directly with students – including administrators, teachers, and non-teaching staff (including staff in social work, child and youth work, psychology, and related areas, and educational assistants) – must respond to any student behaviour that is likely to have a negative impact on the school climate. Such behaviour includes all inappropriate and disrespectful behaviour at any time at school and at any school-related event if, in the employee's opinion, it is safe to respond to it, in accordance with subsection 300.4 of Part XIII of the Education Act and Ontario Regulation 472/07. Such inappropriate behaviour may involve bullying. Boards must also put in place procedures to allow students to report bullying incidents safely and in a way that will minimize the possibility of reprisal. These procedures should also define the responsibilities and roles of the principal, teachers, parents, and students. Boards must provide support for students who have been bullied, students who have bullied others, and students who have been affected by observing bullying. Boards must outline in their policies the procedures that are in place to support students – as well as their parents – regarding bullying issues, including bullying based on gender and on sexual orientation. These policies and procedures must outline what schools are required to do to support these students, including the development of specific plans to protect victims, and must outline a process for parents to follow if they are not satisfied with the supports that their children receive. In Policy/Program Memorandum No. 145, “Progressive Discipline and Promoting Positive Student Behaviour”, October 19, 2009, the ministry provides further direction to boards regarding supports for students who have been harmed as a result of any incident for which suspension or expulsion must be considered. Board policies should include teaching strategies that focus on developing healthy relationships by including bullying prevention throughout the curriculum in daily classroom teaching. *5. Reporting to Principals* The purpose of reporting incidents of inappropriate and disrespectful behaviour is to ensure that the principal is aware of any activities taking place in the school for which suspension or expulsion must be considered. Section 300.2 of Part XIII of the Education Act states that an employee of the board who becomes aware that a student at a school of the board may have engaged in an activity for which suspension or expulsion must be considered shall report the matter to the principal as soon as reasonably possible. The employee must consider the safety of others and the urgency of the situation in reporting the incident, but, in any case, must report it to the principal no later than the end of the school day. In cases where an immediate action is required, a verbal report to the principal may be made. A written report must be made when it is safe to do so. All employee reports made to the principal must be confirmed in writing, using the “Safe Schools Incident Reporting Form – Part I” in Appendix 2 to this memorandum. Boards must specify on this form any other activities for which a student may be suspended or expelled, according to board policy. Boards must not make any other modifications to this form. Boards are expected to provide information to board employees on completing the Safe Schools Incident Reporting Forms provided in Appendix 2 to this memorandum. For example, employees who are reporting an incident must submit the “Safe Schools Incident Reporting Form – Part I” to the principal in a timely manner. The principal must provide the person who submitted the report with written acknowledgement of receipt on the “Safe Schools Incident Reporting Form – Part II”. Each report will be assigned a report number. If the principal has decided that action must be taken as a result of an incident of bullying, he or she will file a copy of the reporting form with documentation indicating the action taken in the Ontario Student Record (OSR) of the student whose behaviour was inappropriate. The names of all other students that appear on the form – both aggressors and victims – must be removed from the form before it is filed in the student's OSR. Where the principal has taken action in the case of more than one student, a copy of the reporting form and documentation indicating the action taken must be filed in the OSR of each student whose behaviour was inappropriate. The names of all other students that appear on the form – both aggressors and victims – must be removed from the form before it is filed in the OSR of the student whose behaviour was inappropriate. In the case of the victim, no information about the incident must be placed in his or her OSR, unless the victim or parent of the victim expressly requests that it be placed in the OSR. In situations where the victim is also an aggressor and the principal has taken some action short of suspension, no information about the incident must be placed in this student's OSR if the principal has decided not to notify this student's parents. However, if the principal has notified this student's parents, information regarding the incident and the action taken will be placed in the OSR. The form and documentation must be kept in the OSR for a minimum of one year unless the board has required a longer period. In all cases, the principal must provide the employee who reported the incident with written acknowledgement of receipt of the report, using the “Safe Schools Incident Reporting Form – Part II”, and must specify whether action has been taken or no action is required. If no further action is taken by the principal, the principal is not required to retain the report, and should destroy it. Information that could identify the student(s) involved must not be part of the acknowledgement. In addition to employees of the board, school bus drivers must also be required to report such incidents in writing to the principal of the school. Boards are required to include bus driver reporting requirements in their transportation policies and contracts. Boards may also put policies in place to require other non-board employees who come into direct contact with students on a regular basis, as outlined in subsection 300.4 (5.3) of Part XIII of the Education Act, to report such matters to the principal (e.g., outdoor education instructors). *6. Training Strategies for Administrators, Teachers, and Non-teaching Staff* Boards must put in place training strategies on bullying prevention and intervention for all administrators, teachers, and non-teaching staff (including staff in social work, child and youth work, psychology, and related areas, and educational assistants). The training strategies must include ways of responding to gender-based and homophobic bullying that are consistent with equity training on cultural sensitivity, on respect for diversity, and on special education needs. Boards may also make training available to other adults who have significant contact with students (e.g., school bus operators/drivers, volunteers). Boards should also recognize the ongoing need to support training for new teachers. *7. Communications and Outreach Strategies* Boards must actively communicate their policies and procedures on bullying prevention and intervention to students, parents, teachers and other school staff, their Special Education Advisory Committee, school councils, and school bus operators and drivers. It is important that the roles and responsibilities of all members of the school community (e.g., principals, teachers, students, parents) be clearly articulated and understood. Boards should make every effort to provide access to appropriate supports for parents (taking into account linguistic, ethnocultural, and disability considerations) and to expand opportunities to support teachers in addressing bullying issues. *8. Monitoring and Review* Boards must monitor, review, and evaluate the effectiveness of board policies and procedures through indicators established in consultation with teachers, non-teaching staff, students, parents, school councils, their Special Education Advisory Committee, their Parent Involvement Committee, and service providers in the community. Boards will also conduct a cyclical review of their policies and procedures in a timely manner. School-Level Plans School boards must require that all their schools revise their existing school-wide bullying prevention and intervention plans as part of their School Improvement Plan. Components of these plans must include the following:8 the definition of bullying prevention and awareness-raising strategies intervention and support strategies, including plans to protect victims reporting requirements training strategies for members of the school community communication and outreach strategies monitoring and review processes The school plans must be consistent with the policies in this memorandum and with the policies and procedures of the board. Safe Schools Teams Each school must have in place a safe schools team responsible for school safety that is composed of at least one student (where appropriate), one parent, one teacher, one non-teaching staff member, one community partner, and the principal. An existing school committee (e.g., the healthy schools committee) can assume this role. The chair of this team must be a staff member. Appendix 1: Excerpts From The Legislation Education Act, as amended by the Education Amendment Act (Keeping Our Kids Safe at School), 2009 Relevant excerpts from section 300 of the Education Act, as amended by the Education Amendment Act (Keeping Our Kids Safe at School), 2009, are provided below for ease of reference. Delegation by principals 300.1 (1) A principal of a school may delegate in writing any of his or her powers, duties or functions under this Part to, (a) a vice-principal of the school; and (b) a teacher employed in the school. Same (2) A teacher who is not a vice-principal may only act under a delegation under this section if the principal and vice-principal of the school are absent from the school. Same (3) A delegation under this section is subject to any restrictions, limitations and conditions set out in the delegation. Same (4) A delegation under this section shall be in accordance with any policies and guidelines established by the Minister under subsection 301 (5.1) or by the board under subsection 302 (0.1). Reporting to the principal 300.2 (1) An employee of a board who becomes aware that a pupil of a school of the board may have engaged in an activity described in subsection 306 (1) or 310 (1) shall, as soon as reasonably possible, report to the principal of the school about the matter. Notice to parent or guardian 300.3 (1) Subject to subsections (2) and (3), if the principal of a school believes that a pupil of the school has been harmed as a result of an activity described in subsection 306 (1) or 310 (1), the principal shall, as soon as reasonably possible, notify the parent or guardian of the pupil. Same (2) A principal shall not, without the pupil's consent, notify a parent or guardian of a pupil who is, (a) 18 years or older; or (b) 16 or 17 years old and has withdrawn from parental control. Same (3) A principal shall not notify a parent or guardian of a pupil if in the opinion of the principal doing so would put the pupil at risk of harm from a parent or guardian of the pupil, such that the notification is not in the pupil's best interests. Same (4) When notifying a parent or guardian of a pupil under this section, the principal shall disclose, (a) the nature of the activity that resulted in harm to the pupil; (b) the nature of the harm to the pupil; and (c) the steps taken to protect the pupil's safety, including the nature of any disciplinary measures taken in response to the activity. Same (5) When notifying a parent or guardian under this section, the principal shall not disclose the name of or any other identifying or personal information about a pupil who engaged in the activity that resulted in the harm, except in so far as is necessary to comply with subsection (4). Response by board employees 300.4 (1) If the Minister has established policies or guidelines under subsection 301 (5.6), an employee of a board who observes a pupil of a school of the board behaving in a way that is likely to have a negative impact on the school climate shall respond in accordance with those policies and guidelines and in accordance with any policies and guidelines established by the board under subsection 302 (3.3). Exception (2) Subsection (1) does not apply in circumstances set out in a regulation made under clause 316 (1) (d). 2. Section 301 of the Act is amended by adding the following subsections: Same, governing delegation by principals (5.1) The Minister may establish policies and guidelines with respect to delegation by principals, under section 300.1, of their powers, duties or functions under this Part. Same, reporting to principals (5.2) The Minister may establish policies and guidelines requiring individuals described in subsection (5.3) who become aware that a pupil of a school of a board may have engaged in an activity described in subsection 306 (1) or 310 (1) to report to the principal of the school about the matter, as soon as reasonably possible. Same (5.3) The individuals referred to in subsection (5.2) are individuals who are not board employees who come into direct contact with pupils of a board on a regular basis in the normal course of, (a) providing goods or services to the board; (b) carrying out their employment functions as an employee of a person who provides goods or services to the board; or (c) providing services to a person who provides goods or services to the board. Same (5.4) The Minister may establish policies and guidelines with respect to reporting to principals under section 300.2 or under a policy or guideline established under subsection (5.2). Same, support to certain pupils (5.5) The Minister may establish policies and guidelines with respect to the support to be provided to a pupil when a principal does not notify a parent or guardian of the pupil because of the circumstances described in subsection 300.3 (3). Same, governing responses by board employees (5.6) The Minister may establish policies and guidelines with respect to responses under section 300.4 by employees of a board, including but not limited to policies and guidelines with respect to the kinds of responses that are appropriate. 3. (1) Section 302 of the Act is amended by adding the following subsection: Board Policies And Guidelines Delegation by principals (0.1) Every board shall establish policies and guidelines with respect to delegation by principals, under section 300.1, of their powers, duties or functions under this Part and the policies and guidelines must be consistent with the policies and guidelines established by the Minister under section 301, and must address such matters and include such requirements as the Minister may specify. (2) Section 302 of the Act is amended by adding the following subsections: Same, reporting to principals (3.1) If required to do so by the Minister, a board shall establish policies and guidelines with respect to reporting to principals under section 300.2 or under a policy or guideline established under subsection 301 (5.2), and the policies and guidelines must be consistent with those established by the Minister under section 301 and must address such matters and include such requirements as the Minister may specify. Same, support to certain pupils (3.2) If required to do so by the Minister, a board shall establish policies and guidelines with respect to the support to be provided to a pupil when a principal does not notify a parent or guardian of the pupil because of the circumstances described in subsection 300.3 (3), and the policies and guidelines must be consistent with those established by the Minister under section 301 and must address such matters and include such requirements as the Minister may specify. Same, governing responses by board employees (3.3) If required to do so by the Minister, a board shall establish policies and guidelines with respect to responses under section 300.4 by employees of a board, including but not limited to policies and guidelines with respect to the kinds of responses that are appropriate, and the policies and guidelines must be consistent with those established by the Minister under section 301, and must address such matters and include such requirements as the Minister may specify. 4. Subsection 316 (1) of the Act is amended by adding the following clauses: (c) governing actions to be taken by a principal who does not notify a parent or guardian of the pupil because of the circumstances described in subsection 300.3 (3); (d) setting out circumstances in which employees are not required to respond under section 300.4. Education Act, as amended by the Education Amendment Act (Progressive Discipline and School Safety), 2007 Relevant excerpts from sections 301, 302, and 306 of the Education Act, as amended by the Education Amendment Act (Progressive Discipline and School Safety), 2007, are provided below for ease of reference. Note that bullying is one of the infractions for which suspension must be considered. Policies and guidelines promoting safety 301. (7) The Minister may establish policies and guidelines to promote the safety of pupils. Duty of boards (9) The Minister may require boards to comply with policies and guidelines established under this section. Board's policies and guidelines promoting safety 302. (3) If required to do so by the Minister, a board shall establish policies and guidelines to promote the safety of pupils, and the policies and guidelines must be consistent with those established by the Minister under section 301 and must address such matters and include such requirements as the Minister may specify. Suspension Activities leading to possible suspension 306. (1) A principal shall consider whether to suspend a pupil if he or she believes that the pupil has 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: Uttering a threat to inflict serious bodily harm on another person. Possessing alcohol or illegal drugs. Being under the influence of alcohol. Swearing at a teacher or at another person in a position of authority. 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. Bullying. Any other activity that is an activity for which a principal may suspend a pupil under a policy of the board. Factors principal must consider (2) In considering whether to suspend a pupil for engaging in an activity described in subsection (1), a principal shall take into account any mitigating or other factors prescribed by the regulations. Ontario Regulation 472/07, “Behaviour, Discipline and Safety of Pupils” (formerly “Suspension and Expulsion of Pupils”) Relevant excerpts from Ontario Regulation 472/07, made under the Education Act, are provided below for ease of reference. Mitigating factors 2. For the purposes of subsections 306 (2), 306 (4), 310 (3), 311.1 (4) and clauses 311.3 (7) (b) and 311.4 (2) (b) of the Act, the following mitigating factors shall be taken into account: The pupil does not have the ability to control his or her behaviour. The pupil does not have the ability to understand the foreseeable consequences of his or her behaviour. The pupil's continuing presence in the school does not create an unacceptable risk to the safety of any person. Other factors 3. For the purposes of subsections 306 (2), 306 (4), 310 (3), 311.1 (4) and clauses 311.3 (7) (b) and 311.4 (2) (b) of the Act, 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: The pupil's history. Whether a progressive discipline approach has been used with the pupil. Whether the activity for which the pupil may be or is being suspended or expelled was related to any harassment of the pupil because of his or her race, ethnic origin, religion, disability, gender or sexual orientation or to any other harassment. How the suspension or expulsion would affect the pupil's ongoing education. The age of the pupil. In the case of a pupil for whom an individual education plan has been developed, whether the behaviour was a manifestation of a disability identified in the pupil's individual education plan, whether appropriate individualized accommodation has been provided, and whether the suspension or expulsion is likely to result in an aggravation or worsening of the pupil's behaviour or conduct. Principal's duties where no notification to parent or guardian 7. If the principal of a school believes that a pupil of the school has been harmed as a result of an activity described in subsection 306 (1) or 310 (1) of the Act, and the principal does not notify a parent or guardian of the pupil because of the circumstances described in subsection 300.3 (3) of the Act, the principal shall, (a) document the rationale for the decision not to notify a parent or guardian of the pupil; (b) inform the appropriate supervisory officer of the decision not to notify a parent or guardian of the pupil; (c) if a teacher informed the principal of the harm, inform the teacher of the decision not to notify a parent or guardian of the pupil; and (d) if the principal determines it is appropriate to do so, inform other board employees of the decision not to notify a parent or guardian of the pupil. Where no response is required 8. An employee of a board who observes a pupil of a school of the board behaving in a way that is likely to have a negative impact on the school climate is not required to respond under section 300.4 of the Act if responding would, in the employee's opinion, cause immediate physical harm to himself or herself or to that of a student or another person. Appendix 2: Safe Schools Incident Reporting Forms (PDF, 1 KB) 1. In this memorandum, school board(s) and board(s) refer to district school boards and school authorities. 2. The term student, as used in this memorandum, refers to pupil, as used in the Education Act. 3. Safe Schools Policy and Practice: An Agenda for Action, Report of the Safe Schools Action Team (Toronto: June 2006), p. 8. 4. In this memorandum, parent(s) refers to parent(s) and guardian(s). For the purposes of Part XIII of the Education Act, students who are 18 years of age or older, and students who are 16 or 17 years of age but have withdrawn from parental control, are considered to be adults. 5. Based on Safe Schools Policy and Practice: An Agenda for Action, p. 7. 6. Edward M. Adlaf, Angela Paglia-Boak, Joseph H. Beitchman, and David Wolfe, The Mental Health and Well-Being of Ontario Students, 1991–2005. Ontario Student Drug Use Survey, CAMH Research Document Series, No. 18 (Toronto: Centre for Addiction and Mental Health, 2005), p. 89. 7. In this memorandum, principal refers to the principal or to a person designated by the principal or by the board. 8. Shaping Safer Schools: A Bullying Prevention Action Plan, Report of the Safe Schools Action Team (Toronto: November 2005), pp. 24–27.
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