Chapter 4 :Safe Schools Issues

Safe Schools Act and Bill 212/07 S.S.A. Introduced in 2000

Zero tolerance Teachers given authority to suspend Principals given authority to expel List of mandatory offences for suspensions and

expulsions

Safe Schools Act and Bill 212/07 Review of the S.S.A. in 2005-2006

Not being consistently applied, 0.5% - 36% suspension rates

Discrimination against minorities and the disabled

Progressive discipline should be used More focus on prevention

Bill 212/07 Bill 212 introduced in 2007 to correct the

flaws of S.S.A. Student Suspensions

Teacher no longer has authority to suspend Discretion returned to principal and board policies,

no firm list of mandatory infractions “Principal shall consider…” Mitigating factors

Bill 212/07 Mitigating Factors of S.S.A.

“…does not have ability to control…behaviour.” “…does not have ability to understand…” “…presence…does not constitute an

unacceptable risk…”

Bill 212/07 Mitigating factors under Bill 212 used the

ones from S.S.A. plus these Pupil’s history Progressive discipline Harassed because of a minority group, ethnicity Affect on ongoing education Age IEP

Bill 212/07 Expulsions

Section 309 of the Education Act had mandatory expulsions

Now provide for suspension for 20 days and expulsion pending recommendations of investigation

Possessing weapon, using weapon Sexual assault, physical assault (visit to doctor) trafficking weapons, drugs

Bill 212/07 Before 212

Rural areas had higher rates of suspension and expulsion than urban areas

Students with disabilities were disproportionately affected

High rates in the TDSB reflect targeting of racial minorities

Ontario Schools Code of Conduct S.S.A. required all boards to have Codes of

Conduct These apply to students, parents, guardians

volunteers, teachers, staff members OSSTF/FEESO

Parents are partners…they should support the behaviour expectations of the school to ensure consistency and continuity.

Ontario Schools Code of Conduct Bullying and workplace Harassment

OSSTF/FEESO, ETFO, OECTA – “Bullying in the Workplace” 2005

38% of teachers have been bullied by students No clear legislation in place to help protect

teachers

Student Protection Act Sexual abuse

Sexual intercourse or other physical sexual relations between member (OCT) and student

Touching, of a sexual nature, of the student by the member

Behaviour or remarks of a sexual nature by the member towards the student

Reporting Suspected Child Abuse Failure to follow the obligation under Child

and Family Services Act is defined as professional misconduct Section 72 of C.F.S. Act

Despite the provisions of any other Act, …

Reporting Suspected Child Abuse Grounds listed in Section 72(1) for report

Physical harm or the risk of physical harm Sexual molestation or exploitation Failure to provided required medical treatment Emotional harm(severe anxiety, depression, withdraw,

aggressive behaviour, delayed development) Abandonment Less than 12yrs old caused serious damage because of

inadequate supervision

Reporting Suspected Child Abuse Must report every incident Must report directly

Fine up to $1000 Duty to report if a child is under 16 Members protected from liability unless we

act maliciously or without reasonable grounds

Chapter 5:Worker and Student HealthLegislation

Federal Legislation Hazardous Products Act Bill C45 – Criminal Liability of Organizations Environmental Protection Act

Provincial Legislation Education Act The Ontario Fire Code

Occupational Health and Safety Basic Rights

To know about workplace health and safety hazards

To participate in making recommendations To refuse work if you have reason to believe it

endangers your health and safety

Occupational Health and Safety Duty to select a Health and Safety Rep.

Power to obtain information concerning tests To be consulted and present at tests

Occupational Health and Safety Right to Refuse

Teachers must ensure the safety of pupils prior to a work refusal

Section 43(3) “A worker may refuse work where the worker has reason to believe that any equipment, machine, device, thing or physical condition of the workplace is likely to endanger any worker. A worker cannot refuse to work because of another worker, a person or a personal health problem.”

Occupational Health and Safety WHMIS

More of a concern at schools with labs?

Student Health Legislation Students must be immunized Principals have a duty to report

communicable – AIDS Must also protect the privacy of the pupil or

staff

Student Health Legislation Sabrina’s Law, 2005

No actions for damages shall be instituted respecting any act done in good faith or for any default in good faith in response to an anaphylactic reaction, unless the damages are the result of an employee’s gross negligence.

Student Health Legislation Smoking

It is NOT illegal for someone under 19 to have tobacco, but the person who sold or gave it to them has broken the law.

Discussion Questions Do we as teachers feel properly equipped

or trained to successfully recognize all situations which require reporting to CAS?

What, if any, additional stress or liability is placed upon the teacher to report all things he or she suspects or may have ignored over a busy day?

Discussion Questions Has Bill 212 successfully addressed all the

failures of the Safe Schools Act? How many of us encounter and ignore

health and safety issues every day? What risks are we placing ourselves and our students under?