Exclusions
This is the 2nd of 4 videos in our short series on Exclusions, in collaboration with ARCH Disability Law Centre.
This video explains the laws and policies that schools rely on to exclude students.
You will learn:
how principals are given broad discretion under the Education Act
what “safety concerns” can mean
why there is often little clear guidance or consistency across schools
how exclusions can be connected to failures to accommodate students’ needs
You can find the transcription for this video here (including visual descriptions for the video).
Refer to our glossary if you’re having trouble understanding any of the terms in this series.
OVERVIEW
What does the law say about exclusions?
Section 265(1) of the Education Act lists the duties of a principal of a school. Section 265(1) (m) gives a school principal the power to exclude students from the school premises, if they feel their presence in school is a safety concern to other persons at the school.
There is a lack of other legal or Ministry-provided guidance, standards, or procedures on exclusions. Each school board is responsible for developing their own policy on exclusions, some school boards don’t have a policy.
What have the courts said about exclusions?
The case law on exclusions suggests that the use of s. 265(1)(m) is allowed where there is a “genuine” safety concern. There have only been a few cases that have focused on exclusions. Due to this lack of cases, we do not know what a genuine safety concern is.
How does the duty to accommodate relate to exclusions?
Human rights law requires that a school accommodate a student with disabilities to the point of undue hardship. Where a student has not been accommodated, and a disability-related incident occurs, a principal should not exclude the student because the school has failed to accommodate the student.