Understanding Changes to Safe Schools Legislation (Professional Relations Service)

Bill 212, the new Safe Schools Act, came into effect on February 1. It modifies the existing system of suspension and expulsion of students while keeping elements of the existing discretionary and mandatory suspensions in the Education Act. The list of infractions that may lead to suspension will now include bullying – an important step in achieving safe schools. The new system builds in flexibility and progressive consequences for infractions, and provides students with programs while suspended and expelled. Bill 212 also changes the decision-making structure so that teachers no longer have the authority to suspend students.

Policy/Program  Memoranda

Four key Policy/Program Memoranda (PPM) have been issued to assist school boards in implementing these programs. They require boards to develop and implement policies, with teacher input, on progressive discipline, and on bullying prevention and intervention. Once these policies are developed, boards must communicate them to everyone in the school community. You should consult these memoranda, which are available on the Minis- try of Education website: edu.gov.on.ca/extra/eng/ppm/ppm.html.

Suspended students

PPM 141 deals with school board programs for students under suspension. Boards are expected to provide homework packages for students who have been suspended for fewer than six days. In the case of long-term suspen- sions (six days or more), boards must offer at least one program for sus- pended students. Boards must encourage suspended students to participate in these programs, but cannot compel student participation.
A Student Action Plan (SAP) must be developed for every student on a long-term suspension who commits to attend a suspended student program. It will outline the objectives for the student and be tailored to meet his or her specific needs. Teachers should consult this memorandum for details on the requirements of each SAP.

Expelled students

PPM 142 deals with school board programs for expelled students. Boards are required either to:
a) provide at least one program for students who have been expelled from all schools of the board, or
b)assign a student who has been expelled only from his or her school to another school of the board.Boards must encourage expelled students to participate in these programs, but cannot compel them to participate. However, expelled students who wish to return to school must complete an expelled student program.

Stopping bullying

PPM  144  deals  with  bullying  prevention  and intervention. Bullying has been added to the list of infractions for which suspension must be considered. Bullying is defined as 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.Board policies must include several statements regarding:

• the adverse effects of bullying on students
• that bullying will not be accepted in any circumstance (including online) where it will have a negative impact on the school climate
• a prevention strategy that includes expectations for appropriate student behaviour
• teaching strategies that reflect prevention policies
• procedures for students to report bullying incidents safely and in a way that will minimize the possibility of reprisal
• support for students who have been bullied or have bullied others, and for those affected by bullying they have witnessed.

Each school is required to have a “Safe School” team in place that is responsible for school safety. This role can be assumed by  an existing school committee that meets the requirements outlined in this memorandum.

Progressive  discipline

PPM 145 deals with progressive discipline and the promotion of positive student behaviour. When a student engages in inappropriate behaviour,  the  discipline  imposed  should  be both corrective and  supportive. Schools are to use a range of interventions, supports, and consequences that  include  learning opportunities, while helping students to  make good  choices. These  include  meetings  with  parents,  volunteer service to  the school  community, conflict mediation, peer mentoring, and/or a referral to counselling. In addressing inappropriate behaviour the following should be considered:

• the particular student and circumstances
• the nature and severity of the behaviour
• the impact on the school climate.

Board policies and procedures on progressive discipline must include several specific elements outlined in this memorandum. Teachers should consult the memorandum for details.

TIPS for teachers

• The board should provide release time for teachers who  prepare generic packages for suspended students (writing teams) and who help develop school policies. Teachers should not be required to prepare homework packages, student action plans, or policies on their own time, in addition to their usual workload.
• Every substantiated incident of bullying should be documented on the OSR via a Violent Incident Report and raised with the principal. There should be clear and prompt consequences for students who bully teachers or others in the school community.
• The board should have a policy regarding bullying. It should include a prohibition against students bullying teachers or others in the community and should include all of the information set out in the PPM materials as well as an appropriate and clear investigation procedure.
• If you are aware of student conduct occurring outside of school hours that may have an impact on the school environment, raise it with the principal so that a decision can be made about suspending the student. This conduct could include personal attacks against teachers or students via electronic means such as Facebook, blogs, or other Internet sites.
• You may be asked to provide input into educational materials or notices to students and parents in the school community about increases in bullying of teachers and students, the gravity of such conduct, and the consequences that will result from engaging in it.
• The board should provide training on new policies for all teachers, and make it available during paid release time.

For further information contact your local ETFO office. You may also contact PRS staff at provincial office.