Bill 157: Keeping Our Kids Safe At School (Professional Relations Services)

The  latest  government  initiative  to address violence in schools, Bill 157, the Keeping Our Kids Safe at School  Act, will come into  effect on  February 1,  2010. The legislation states that

• all school staff must report to the principal when they learn that students may have engaged in incidents for  which they could be suspended or expelled
• the principal must inform parents of students  harmed as a result of an incident for which a student perpetrator  could be suspended or expelled
• staff must respond if they observe student behaviour likely to have a negative impact on the school climate.  This response is to be carried out in accordance with ministry and board policy.

Inappropriate student behaviour  can  occur while students are at school, at a school-related activity, or in other  circumstances if engaging in the  activity will have an impact on the  school climate. Mandatory suspensions occur when a student

• possesses a weapon, including a firearm
• uses a weapon to cause or to threaten bodily harm to another person
• commits physical assault on another  person that causes bodily harm requiring treatment by a medical  practitioner
• commits sexual assault
• traffics in weapons or in illegal drugs
• commits robbery
• gives alcohol to a minor.

Discretionary suspensions must be considered if a principal believes that a student has

• uttered a threat to inflict serious bodily harm on another person
• possessed alcohol or illegal drugs
• been under the influence of alcohol
• sworn at a teacher or at another person in a position of authority
• committed an act of vandalism that causes extensive damage to school property
• engaged in bullying
• taken part in any other activity for which a principal may suspend a pupil under a policy of the board.

School boards are  required to  implement “progressive discipline” approaches  to inappropriate student behaviour,  and to  take into  account a variety of  mitigating  factors when determining whether to suspend or expel students. WHEN MUST  SCHOOL  STAFF  REPORT TO THE PRINCIPAL? The  new  amendments require  all  school  staff who become  aware  of this type of inappropriate student activity to  notify the principal “as soon as reasonably possible.” Under new ministry policies  and guidelines¹  school staff  are  asked to complete a copy of the new Safe Schools Incident Reporting Form every time  they  report to the principal  regarding student misconduct defined by the Act. This form will be filed on the OSR, but only in certain circumstances.  Principals  must provide an acknowledgement that they have received a report. ETFO advises that  the  principal’s acknowledgement of receiving a report is a crucial document and should be kept in  your files  for  your own protection. SCHOOL STAFF MUST RESPOND  TO INAPPROPRIATE BEHAVIOUR The new amendments  make responding to situations involving student misconduct mandatory.  A response is  now required when  an employee of the board observes a pupil “behaving in  a way that is  likely to have a negative impact on the school climate.”  This is more than a requirement to respond to incidents leading to suspension  or expulsion. Keep in  mind that  you are not  required to compromise your  own  health  and  safety,   or the  health and safety of  others,  in  responding to  inappropriate student conduct. No  response should be attempted if  it is “unsafe” to respond. However,  you must report the behaviour to  the principal as soon as possible so that she/he can formulate a response. In the case of minor incidents, staff response or intervention will usually consist of speaking to the student, naming the  inappropriate behaviour, and  taking   corrective  action   such  as   requiring  meetings or apologies. But in  more serious cases,  such as fistfights, or suspected  possession of  weapons or drugs, professional staff  are not required to jeopardize their own or others’ health and safety  by  intervening.  In  ETFO’s  view,  the only response  required  is one that does not compromise anyone’s  safety. DELEGATION OF PRINCIPAL’S RESPONSIBILITY  TO TEACHERS Bill 157 allows principals to delegate their role to teachers provided they do so in writing and follow ministry policy. The  delegation  can occur only in the absence of the vice- principal and principal and, according to ministry policy, can involve only  the authority to receive reports from others. The authority to make decisions about suspensions  or recommendations  about expelling students cannot be delegated. A  teacher accepting the delegation may be given limited authority to contact the parent of  a student who has been  harmed. The teacher may share only information about the nature of the activity and the nature of the harm to the student that  resulted from it.  The authority to discuss the nature of any discipline measures taken cannot be delegated. ETFO has raised serious concerns about this  “delegation power.” Our current collective agreements  contain no specific  protection for teachers who assume  this role. Legal action might follow the board’s investigation  of student misbehaviour,  suspension,  or expulsion, and teachers who have accepted delegation may also  become embroiled in  litigation.  Teachers should also keep in  mind that they are not paid to  assume this  type of managerial responsibility. TRAINING The ministry has required all school boards  to develop appropriate policies and to  provide training for all school staff  on the  new  progressive discipline models, new policies regarding responses,  and delegation guidelines. Policies must now address  issues of  homophobia,  gender-based violence, sexual harassment, and inappropriate sexual behaviour. _{1. Policy and Program Memoranda 144 and 145. See the Ministry of Education website: edu.gov.on.ca/extra/eng/ppm/144.html; edu.gov.on.ca/extra/eng/ppm/145.html}