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Expulsions

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SUSPENDING STUDENTS WITH SPECIAL EDUCATION NEEDS

Students with special education needs can sometimes be harder to handle than other children and youth, and can get in trouble more often.

In some communities in Ontario, special education students are suspended at twice the rate of students generally. In some cases, students that have difficult special education needs are receiving serial (multiple) suspensions, not as a disciplinary measure, but as a means of making it easier for the school to maintain control in the classroom. This solves the school's problem, but is disruptive for the child and his or her family, and is discriminatory.

Punishing students with special education needs is not always appropriate, especially when students

cannot control their behaviour in some situations
do not understand the consequences of their behaviour, or
do not understand how the “punishment” is connected with the behaviour

Mitigating Factors

If a student cannot control their behaviour, or does not understand the consequences of their behaviour, it is the decision of the teacher or principal whether they should be suspended.

The suspension under s.306 (see above)of a pupil is not mandatory if certain mitigating factors are present:

The pupil does not have the ability to control his or her behaviour.
The pupil does not have the ability to understand the foreseeable consequences of his or her behaviour.
The pupil's continuing presence in the school does not create an unacceptable risk to the safety of any person.

Other Factors:

The pupil's history.
Whether a progressive discipline approach has been used with the pupil.
Whether the activity for which the pupil may be or is being suspended or expelled was related to any harassment of the pupil because of his or her race, ethnic origin, religion, disability, gender or sexual orientation or to any other harassment.
How the suspension or expulsion would affect the pupil's ongoing education.
The age of the pupil.
In the case of a pupil for whom an individual education plan has been developed,
1. whether the behaviour was a manifestation of a disability identified in the pupil's individual education plan,
2. whether appropriate individualized accommodation has been provided, and
3. whether the suspension or expulsion is likely to result in an aggravation or worsening of the pupil's behaviour or conduct.

In circumstances when one of these “mitigating factors” applies, a Principal is not required to suspend a student. Instead, it is the decision of the principal to suspend a student.

If a psychologist has provided documented evidence that your child does not pose an on-going safety risk to other students or staff at the school, the school and the School Board should be working to get your child back into school immediately.

If your child has special education needs and is being suspended on a regular basis, you can request a review or appeal of the suspension. You should also be working with the school to find ways to address the school's concerns, and to prevent your child from being suspended in the future.

If you wish to appeal a decision to suspend, or file a human rights complaint (See Basic Advocacy Skills—Filing a Human Rights Complaint), you may want to talk to a lawyer with experience in education law issues.

We have information on how to find a lawyer in Ontario with education law experience in the section on Basic Advocacy Skills—I need a Lawyer!

“I have been Asked to Temporarily Withdraw my Child from School.”

Parents or guardians of children with special education needs may be asked to temporarily withdraw their children from school. This will mean keeping your child at home or arranging for daycare.

The maximum duration of a temporary withdrawal is one school day.

If you are asked to temporarily withdraw your child for a period longer than one school day, there may be a problem. You can contact the School Board, or a member or the Special Education Advisory Committee to resolve the situation.

Schools require your consent to withdraw your child from school. You thus have a right to say “No” to a temporary withdrawal. If you refuse your consent, the school is required to keep your child in school.

If a Principal tells you that your child will be suspended unless you agree to temporarily withdraw your child from school, there is a problem.

Send a letter of concern to the principal and send copies to your School Board trustee and to a School Board supervisor (a Superintendent of Education). You may also wish to contact the school board or a member of the Special Education Advisory Committee to help you resolve the issue.

You may be asked to withdraw your child from school because there is no educational assistant (E.A.) to work with your child, or because some other resource or support is not available. If you think that your child's safety or well-being may be at risk if your child stays in school at this time, you may consider keeping your child at home.

Ask the Principal:

What steps will the school need to take to get my child back in school as quickly as possible?

Are there any steps that I need to take to make sure that my child returns to school as quickly as possible?

If you are asked to withdraw your child from school because no E.A. or other resource is available, contact the school board or a member of the Special Education Advisory Committee to help you resolve the issue.

The social worker assigned to your school may also be able to assist you in finding the resources you need for your child.

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