Changes to the Safe Schools Act
Bill 212: What you Need to Know

Introduction

Bill 212 comes into effect on February 1, 2008.  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.  Lastly, Bill 212 changes the decision making structure so that teachers no longer have the authority to suspend. 

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, bullying prevention and intervention.  Policies should include a comprehensive definition of bullying and cyberbullying.  Once developed, boards must communicate these policies to everyone in the school community.

These memoranda are available on the Ministry of Education’s website at:  http://www.edu.gov.on.ca/extra/eng/ppm/ppm.html

Policy/Program Memorandum No. 141

This PPM deals with school board programs for students under suspension.  Boards are expected to provide homework packages for students who have been suspended for less than six days.  In the case of long-term suspensions (six days or more), boards must offer at least one program for suspended students.  Boards must encourage suspended students to participate in these programs, but boards 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.  The SAP will outline the objectives for students and be tailored to meet the student's specific needs.

It is ETFO’s position that programs for suspended students must be provided by certified teachers.

Policy/Program Memorandum No. 142

This PPM deals with school board programs for expelled students.  Boards are required to either:

• provide at least one program for students who have been expelled from all schools of the board, or;
  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 expelled students to participate.  However, expelled students who wish to return to school must complete an expelled student program. 

Policy/Program Memorandum No. 144

This PPM deals with bullying prevention and intervention.  Bullying has been added to the list of infractions for which suspension must be considered.  Bullying is defined by the Ministry 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 which 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, have bullied others, and those affected by observed bullying

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.  Release time should be provided.
 
Policy/Program Memorandum No. 145

This PPM deals with progressive discipline and the promotion of positive student behaviour.  
 
The discipline imposed for inappropriate behaviour should be both corrective and supportive.  Schools are to utilize a range of interventions, supports, and consequences that include learning opportunities while helping students to make good choices.  These include meetings with parents, 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 PPM No. 145.
 
Tips for Teachers

• Release time should be provided if you are asked to prepare generic packages for suspended students (writing teams) and to help develop school policies. Members 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 be 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 provide the details of the changes to the school board's policy regarding bullying.  Any policy should include a prohibition against students bullying teachers or others in the community. The policy should include all of the information set out in the PPM materials. There should be an appropriate and clear investigation procedure in the policy.
• If you are aware of student conduct occurring outside of school hours that may impact the school environment, raise it with the principal so that a decision can be made about suspending the student. This could include personal attacks against teachers or students via electronic means such as Facebook, "blogs" or other internet sites.
• You may be asked for input into the 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.  Release time should be provided.
• Training on new policies must be provided for all teachers, and the training should be done during paid release time.

For additional information contact your ETFO local office or staff in Protective Services at 416-962-3836 or
1-888-838-3836.