Appropriate Disciplinary Consequences in Schools Regulation

Appropriate Disciplinary Consequences in Schools Regulation, M.R. 92/2013 The Education Administration Act , C.C.S.M. c. E10 Regulation 92/2013 Registered July 2, 2013 bilingual version (HTML) Table of Contents Section 1 Definitions 2 Discipline during school hours 3 Discipline outside school hours 4 Discipline and behaviour management policies 5 Information provided to parents 6 Interventions and responses 7 Authority to suspend 8 Period of suspensions 9 Teacher to notify principal 10 Record of suspensions and keeping statistics 11 Where suspension exceeds five days 11.1 Alternative programming 12 Notices — parent and school board 13 Representations by parent — actions by school board 14 School board may limit teacher's right to suspend DEFINITIONS Definitions 1 The following definitions apply in this regulation. "Act" means The Public Schools Act . («  Loi  ») "code of conduct" means the code of conduct for a school that is established under section 47.1 of the Act. (« code de conduite ») GENERAL Discipline during school hours 2 The principal has disciplinary authority over the conduct of each pupil of a school from the time the pupil arrives at the school until the pupil departs for the day, except during any period that the pupil is absent from school at the request of his or her parent or guardian. Discipline outside school hours 3 The principal has disciplinary authority over all pupils of the school (a) on their way to and from school, in terms of their conduct towards one another; (b) while they are being conveyed to or from school, in a school division or school district that provides transportation; and (c) while pupils are engaged in an activity that is prescribed for the purpose of section 47.1.1 (reporting of unacceptable conduct) of the Act. Discipline and behaviour management policies 4 The principal must ensure that a school's discipline and behaviour management policies — including the disciplinary consequences for violations of the school's code of conduct — are consistent with any directives of the minister concerning appropriate disciplinary consequences for unacceptable conduct. Information provided to parents 5 Information given to a pupil's parent or legal guardian respecting discipline and behaviour management policies, as required to be provided under clause 58.6(e) of the Act, must include the school's protocols for notifying parents or guardians of a pupil who has become subject to a discipline or behaviour management response or intervention. Interventions and responses 6 In carrying out their duties to maintain order and discipline in school, teachers, principals, superintendents and school boards must ensure that the interventions and responses used or implemented (a) are appropriate given the frequency and severity of the disciplinary violation; and (b) take into account the pupil's state of development. M.R. 59/2015 SUSPENSION OF PUPILS Authority to suspend 7 A teacher may suspend a pupil from the classroom, and the principal or superintendent may suspend a pupil from the school, if (a) the pupil has engaged in disruptive behaviour; and (b) a suspension is the consequence for engaging in the disruptive behaviour under the school's discipline and behaviour management policies and the school's code of conduct. Period of suspensions 8 The person listed in Column 1 of the following table may suspend a pupil for the period listed opposite in Column 2: Column 1 Person Column 2 Period of suspension teacher not more than two days principal not more than one week superintendent not more than six weeks Teacher to notify principal 9 A teacher who suspends a pupil must promptly document and report the suspension to the principal. Record of suspensions 10(1) The principal must keep a record of each suspension of a pupil. Statistics re suspensions 10(2) A principal must (a) develop categories of the reasons for which a pupil may be suspended; and (b) ensure that (i) each suspension is accordingly categorized, and (ii) for each category, the total number of pupils suspended and the duration of suspensions are tabulated. Where suspension exceeds five days 11 A principal must ensure that educational programming is available to a pupil who has been suspended for more than five days. Alternative programming 11.1(1) A school board that expels a resident pupil must make reasonable efforts to ensure that alternative programming is made available to the pupil, if the pupil is of compulsory school age. 11.1(2) Alternative programming includes (a) providing the pupil appropriate supports to perform school work at home; (b) permitting the pupil to enroll in a different school in the school division or school district, or a different program in the same or a different school; (c) facilitating the pupil's participation in an activity or program that is an approved activity or program under the Activities and Programs — Learning to Age 18 Regulation , Manitoba Regulation 139/2011; or (d) facilitating the pupil becoming enrolled in an adult learning centre or in the distant learning options administered by the department. M.R. 59/2015 Notice to parent 12(1) If a pupil is suspended, the following must promptly inform the pupil's parent or legal guardian of the suspension and the reasons for the suspension: (a) the principal of the school, if the pupil is suspended by a teacher or the principal; (b) the superintendent, if the pupil is suspended by the superintendent. Notice to school board 12(2) Within 24 hours of a pupil being suspended, the principal or superintendent must also give the school board or its designate a written report setting out the pupil's name, the period of suspension, and a description of the disruptive behaviour for which the pupil was suspended. M.R. 156/2013 Parent may make representations 13(1) In the case of a pupil who has been suspended for more than five days, the school board must permit the parent or legal guardian of a pupil, and the pupil, to make representations to the school board about the suspension. Actions by school board 13(2) On receiving representations under subsection (1), the school board may confirm or modify the suspension or may reinstate the pupil. School board may limit teacher's right to suspend 14 A school board may limit or place conditions on the teacher's right to suspend under section 7, either with respect to an individual pupil or generally, if the board is of the opinion that the teacher has repeatedly (a) suspended an individual pupil for reasons that are not justified; or (b) suspended pupils for reasons that are not justified.