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The Education Act and its regulations indicate that the principal, subject to the authority of the appropriate supervisory officer, is in charge of the discipline of students in the school. Specific disciplinary action by the principal or the school board resulting from a violent incident is therefore not dealt with in this document.
The following suspension/expulsion provisions, which are found in section 23 of the Education Act (as amended by Bill 4, which received Royal Assent on July 29, 1993), are provided for informational purposes only. It should be noted that, while principals may suspend students, only school boards have the authority to expel students or to readmit students who have been expelled.
A. Suspension
1. Subsection 23(1): Suspension of Pupil
A principal may suspend a pupil because of persistent truancy, persistent opposition to authority, habitual neglect of duty, the wilful destruction of school property, the use of profane or improper language, or conduct injurious to the moral tone of the school or to the physical or mental well-being of others in the school.
2. Subsection 23(1.1): Period of Suspension
A suspension is for a period fixed by the principal but not exceeding twenty school days, or a shorter period established by the board as the maximum period for suspensions.
3. Subsection 23(1.2): Notice
When a pupil is suspended, the principal shall,
a) notify in writing the pupil, the pupil's parent or guardian, the pupil's teacher, the board, the appropriate school attendance counsellor, and the appropriate supervisory officer of the suspension and the reasons for it; and
b) notify in writing the pupil and the pupil's parent or guardian of the right to appeal the suspension under subsection 23(2).
4. Subsection 23(2): Appeal Against Suspension
The parent or guardian or adult pupil may, within seven days of the beginning of the suspension, appeal to the board against the suspension. Whether or not there is an appeal, the board may remove, confirm, or modify the suspension and, where appropriate, may order that the record of the suspension be expunged.
5. Subsection 23(2.1): Effect of Appeal
An appeal under subsection 23(2) does not stay the suspension and, if the suspension expires before the appeal is determined, the board shall determine whether the suspension should be confirmed or whether the record of the suspension should be removed or modified.
6. Subsection 23(2.2): Review of Suspensions
If the pupil is suspended for the maximum period or more than once during a school year, the board shall ensure that a guidance counsellor or other appropriate resource person employed by the board:
a) reviews the circumstances of the suspension(s), and
b) where appropriate, informs the pupil and the pupil's parent or guardian (if the pupil is not an adult) of services that are available from the board or elsewhere in the community to assist the pupil.
B. Expulsion
1. Subsection 23(3): Expulsion of Pupil
A board may expel a pupil from its schools on the ground that the pupil's conduct is so refractory that the pupil's presence is injurious to other pupils or persons, if:
a) the principal and the appropriate supervisory officer so recommend;
b) the pupil and the pupil's parent or guardian have been notified in writing of:
i) the recommendation of the principal and the supervisory officer, and
ii) the right of the pupil (if an adult) or the pupil's parent or guardian to make representations at a hearing to be conducted by the board;
c) the teacher(s) of the pupil have been notified; and
d) such hearing has been conducted.
2. Subsection 23(5): Readmission of Pupil
A board may, at its discretion, readmit to school a pupil who has been expelled.
C. General
1. Subsection 23(4): Parties to Hearing
The parties to a hearing under section 23 of the Education Act shall be the parent or guardian, the pupil, if an adult, the principal, and, in the case of an expulsion, the appropriate supervisory officer.
2. Subsection 23(6): Committee to Perform Board Functions
The board may, by resolution, direct that the powers and duties of the board under subsections 23(2) to (5) be exercised by a committee of at least three members of the board named in the resolution or designated from time to time in accordance with the resolution.更多精彩文章及讨论，请光临枫下论坛 rolia.net
The Education Act and its regulations indicate that the principal, subject to the authority of the appropriate supervisory officer, is in charge of the discipline of students in the school. Specific disciplinary action by the principal or the school board resulting from a violent incident is therefore not dealt with in this document.
The following suspension/expulsion provisions, which are found in section 23 of the Education Act (as amended by Bill 4, which received Royal Assent on July 29, 1993), are provided for informational purposes only. It should be noted that, while principals may suspend students, only school boards have the authority to expel students or to readmit students who have been expelled.
A. Suspension
1. Subsection 23(1): Suspension of Pupil
A principal may suspend a pupil because of persistent truancy, persistent opposition to authority, habitual neglect of duty, the wilful destruction of school property, the use of profane or improper language, or conduct injurious to the moral tone of the school or to the physical or mental well-being of others in the school.
2. Subsection 23(1.1): Period of Suspension
A suspension is for a period fixed by the principal but not exceeding twenty school days, or a shorter period established by the board as the maximum period for suspensions.
3. Subsection 23(1.2): Notice
When a pupil is suspended, the principal shall,
a) notify in writing the pupil, the pupil's parent or guardian, the pupil's teacher, the board, the appropriate school attendance counsellor, and the appropriate supervisory officer of the suspension and the reasons for it; and
b) notify in writing the pupil and the pupil's parent or guardian of the right to appeal the suspension under subsection 23(2).
4. Subsection 23(2): Appeal Against Suspension
The parent or guardian or adult pupil may, within seven days of the beginning of the suspension, appeal to the board against the suspension. Whether or not there is an appeal, the board may remove, confirm, or modify the suspension and, where appropriate, may order that the record of the suspension be expunged.
5. Subsection 23(2.1): Effect of Appeal
An appeal under subsection 23(2) does not stay the suspension and, if the suspension expires before the appeal is determined, the board shall determine whether the suspension should be confirmed or whether the record of the suspension should be removed or modified.
6. Subsection 23(2.2): Review of Suspensions
If the pupil is suspended for the maximum period or more than once during a school year, the board shall ensure that a guidance counsellor or other appropriate resource person employed by the board:
a) reviews the circumstances of the suspension(s), and
b) where appropriate, informs the pupil and the pupil's parent or guardian (if the pupil is not an adult) of services that are available from the board or elsewhere in the community to assist the pupil.
B. Expulsion
1. Subsection 23(3): Expulsion of Pupil
A board may expel a pupil from its schools on the ground that the pupil's conduct is so refractory that the pupil's presence is injurious to other pupils or persons, if:
a) the principal and the appropriate supervisory officer so recommend;
b) the pupil and the pupil's parent or guardian have been notified in writing of:
i) the recommendation of the principal and the supervisory officer, and
ii) the right of the pupil (if an adult) or the pupil's parent or guardian to make representations at a hearing to be conducted by the board;
c) the teacher(s) of the pupil have been notified; and
d) such hearing has been conducted.
2. Subsection 23(5): Readmission of Pupil
A board may, at its discretion, readmit to school a pupil who has been expelled.
C. General
1. Subsection 23(4): Parties to Hearing
The parties to a hearing under section 23 of the Education Act shall be the parent or guardian, the pupil, if an adult, the principal, and, in the case of an expulsion, the appropriate supervisory officer.
2. Subsection 23(6): Committee to Perform Board Functions
The board may, by resolution, direct that the powers and duties of the board under subsections 23(2) to (5) be exercised by a committee of at least three members of the board named in the resolution or designated from time to time in accordance with the resolution.更多精彩文章及讨论，请光临枫下论坛 rolia.net