impact of safe schools act perspective of schools and boards
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IMPACT OF SAFE SCHOOLS ACT Perspective of Schools and Boards. Presented by Hugh M. Kelly. Impact of Safe Schools Act Perspective of Schools & Boards. Highly Personal View. Counsel to Trustees in About 40 Expulsion or Suspension Appeal Hearings Since Act in Force in September 2001. - PowerPoint PPT PresentationTRANSCRIPT
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IMPACTOF
SAFE SCHOOLS ACT
Perspectiveof
Schools and Boards
Presented by
Hugh M. Kelly
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Impact of Safe Schools ActPerspective of Schools & Boards
Highly Personal View
Counsel to Trustees in About 40 Expulsion or Suspension Appeal Hearings Since Act
in Force in September 2001
Substantial Efforts Made to Ensure Fairness in Process
Recent Trend Is Toward Joint Submissions
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Impact of Safe Schools ActPerspective of Schools & Boards
Use of Safe Schools Act Is Generally Appropriate
Act Is More Than Just Expulsions and Suspensions
Hard to Come By Statistics That Are Useful to DeterminingImpact
Even Though Both Get More Attention Than Other
Provisions
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Impact of Safe Schools ActPerspective of Schools & Boards
Resources Available May Vary by Board, and by School
Dependence Upon Funding
Requirement to Balance Competing Demands Upon Scarce Resources
Availability of SEPPA, ISA and SIP Grants
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Impact of Safe Schools ActPerspective of Schools & Boards
Resources Applied by Board
Generally Translates Into the Supply of Personnel
Again, Requires a Balancing of Competing Demands
Upon Resources
Not Rocket Science That Unit Costs for Special Programs Are Higher
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Impact of Safe Schools ActPerspective of Schools & Boards
Consider Human Resources That are Available Teachers
EA’s and CYW’s
Principals
Special Education Teachers
Resource Teachers
Supervisory Officers
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Impact of Safe Schools ActPerspective of Schools & Boards
Resources Available (Continued)
Consultants, Internal and External, including:
Social Work
Social Service Agencies
Medical / Nursing
Psychology
Psychiatry
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Impact of Safe Schools ActPerspective of Schools & Boards
EXCLUSION: USE OF §265(m)
Must Be Balanced Against Competing Statutory Rights
Right of Attendance As a Pupil, Resident or Co-terminus
Right of Parent, As A Visitor
Right of Appeal to the Board
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Impact of Safe Schools ActPerspective of Schools & Boards
USE OF §265(m)
Duty of Principal to Exercise Judgment
Refuse to Admit To School or Classroom
Person Whose Presence Is Detrimental
To Physical or Mental Well-being of Pupils
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Impact of Safe Schools ActPerspective of Schools & Boards
Statutory Duties of Discipline
Education Act Imposes Duty Upon Teacher and Principal
to Maintain Proper Order and Discipline Duty of Teacher:
In Classroom & While on Duty Duty of Principal:
In the Whole School
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Impact of Safe Schools ActPerspective of Schools & Boards
Oft Forgotten Statutory Duty of Discipline: Duty of Pupil
Duty Prescribed by Regulation
Exercise Self-Discipline Accept Discipline Equivalent
to That of Kind, Firm & Judicious Parent
Be Courteous to Fellow Pupils Be Courteous & Obedient to
Teachers
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Impact of Safe Schools ActPerspective of Schools & Boards
Special Needs DOES NOT Abrogate Duty of Discipline
Special Needs MAY Relieve from, or Lessen, Penalty
Special Needs Requires Consideration of Impact of Needs on Suitability of Penalty
Statutory Recognition for This Principle -- OR37/01, 106/01
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Impact of Safe Schools ActPerspective of Schools & Boards
Discipline Is Generally Progressive
Starts With Gentle Guidance
Progresses to Greater Severity
Suspension for More Serious Acts
Expulsion for Most Serious Acts
Board Policy Determines Specific Nature of Disciplinary Responses
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Impact of Safe Schools ActPerspective of Schools & Boards
CERTAIN PUPIL ACTIONS
REQUIRE Suspension
PERMIT Suspension
REQUIRE Expulsion
PERMIT Expulsion
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Impact of Safe Schools ActPerspective of Schools & Boards
Where Suspension or Expulsion Could Result From Pupil Actions:
Safe Schools Legislation DOES NOT DIFFERENTIATE Actions of Special Needs Pupils & Other Pupils
Safe Schools Legislation DOES DIFFERENTIATE
Penalties for Actions of Special Needs Pupils & Other Pupils
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Impact of Safe Schools ActPerspective of Schools & Boards
MITIGATING CIRCUMSTANCES Ontario Regulation 37/01 Ontario Regulation 106/01
May Make Penalty No Longer Mandatory
But Do Not EXCUSE Behaviour
AND Does Not Prohibit Expulsion
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Impact of Safe Schools ActPerspective of Schools & Boards
MITIGATING CIRCUMSTANCES OR 37/01 & OR 106/01
No Ability to Control Behaviour No Ability to Understand the
Foreseeable Consequences of Behaviour
Continuing Presence Not Create Unacceptable Risk to
Safety or Well-being of Others
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Impact of Safe Schools ActPerspective of Schools & Boards
FACTORS AFFECTING PENALTY Nature & Circumstance of Incident Degree of Harm to the Victim and
School Community
Intent to Cause Harm Pupil History, Previous Offences
Consistency of Consequences With Similar Incidents
Willingness for Restitution / Rehabilitation
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Impact of Safe Schools ActPerspective of Schools & Boards
SUSPENSION AS PENALTY Minimum = 1 School Day Maximum = 20 School Days
From One or More Classes From One or More School-related
Activities
From Any Combination of Classes/Activities
School and all school related related activities
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Impact of Safe Schools ActPerspective of Schools & Boards
LIMITED EXPULSION AS PENALTY Principal has Jurisdiction Board has Jurisdiction
Only From School in Which Previously Enrolled
From School-Related Activities
For 20 School Days to One Year
Until Meet Board Requirements
Board School-Return Programs
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Impact of Safe Schools ActPerspective of Schools & Boards
SUSPENSION AND EXPULSIONand
SPECIAL NEEDS PUPILS Limited Choices of Schools in
Which Appropriate Programs Are Offered
Availability of Suitable Staff May Further Limit Choices
This is a Further Example of Need to Balance Competing Interests
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Impact of Safe Schools ActPerspective of Schools & Boards
FULL EXPULSION AS PENALTY From ALL Ontario Schools
Unlimited As To Time Requirement to Complete Strict
Discipline Program
Right to Attend Inoperative
Either As Resident Pupil Or As Open Access Pupil
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Impact of Safe Schools ActPerspective of Schools & Boards
TRANSPORTATION Safety Is The Starting Point Adjustments If Acting Out Nature of Adjustment Depends
On All Factors Involved Re-arrangement of Seating Place EA on Bus Alternate Form ie Taxi
Temporary Suspension of Transportation Service
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Vancouver
Calgary
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IMPACTOF
SAFE SCHOOLS ACT
Perspectiveof
Schools and Boards
Presented by
Hugh M. Kelly