EXPLANATORY NOTE
This Explanatory Note was written as a reader’s aid to Bill 212 and does not form part of the law. Bill 212 has been enacted as Chapter 14 of the Statutes of Ontario, 2007.
The Bill repeals sections 306 to 311 of the Education Act and replaces them with new provisions that substantially alter Part XIII of the Act with respect to the suspension and expulsion of pupils.
If a pupil engages in an activity set out in new section 306, a principal may suspend the pupil for up to 20 days. The list of activities mirrors the list in old section 306, with the addition of bullying. On suspending a pupil, the principal will be required to assign him or her to a program for suspended pupils provided by the board. A suspension imposed under new section 306 can be appealed to the board in accordance with new section 309. On an appeal, the board either confirms the suspension, reduces the length of the suspension or quashes the suspension.
If a pupil engages in an activity set out in new section 310, a principal must suspend the pupil for up to 20 days. The list of activities mirrors the list in old section 309. Following his or her suspension of a pupil under new section 310, the principal must promptly conduct an investigation, as required under new section 311.1, to determine whether to recommend to that board that the pupil be expelled.
If the principal decides not to recommend expulsion after completing the investigation, he or she must confirm the suspension, reduce its length or withdraw it altogether. At that point, the suspension can be appealed to the board unless it was withdrawn.
If the principal decides to recommend that the board expel the pupil, he or she must prepare a report containing his or her findings and recommendations. The board then holds an expulsion hearing in accordance with new section 311.3. The board is required to consider the submissions of every party to the hearing, such as the principal and the pupil or the pupil’s parent or guardian. The board must determine whether to expel the pupil and, if it decides to expel, whether to expel the pupil from his or her school only or from all schools of the board. The board is not allowed to expel the pupil if more than 20 school days have passed since the pupil was suspended.
If the board does not expel the pupil, it must, with respect to the suspension originally imposed under section 310, confirm the suspension, reduce the length of the suspension or quash the suspension. The decision of the board on that matter is final.
If a board decides to expel a pupil, it must also decide whether to expel the pupil from his or her school only or from all schools of the board. A pupil who is expelled from his or her school must be assigned to another school. A pupil who is expelled from all schools of the board must be assigned to a program for expelled pupils provided by the board.
New section 312 requires boards to provide programs for suspended pupils and expelled pupils, which must be provided in accordance with policies and guidelines of the Minister.
An expelled pupil will be entitled to return to school under new section 314.1 if he or she has successfully completed a program for expelled pupils or has satisfied the objectives of those programs in another way. Boards are required to readmit expelled pupils who are entitled to return to school under section 314.1.
New sections 314.5 to 314.10 deal with several transitional matters related to the amendments to Part XIII. The transitional provisions describe how pupils suspended or expelled under the Act as it read before the changes to Part XIII come into force are to be dealt with once the changes are in force. Boards are given some flexibility in reassigning pupils serving limited expulsions imposed under old Part XIII into schools and programs for expelled pupils provided under new section 312.