NLR 112/23 - Schools Regulations under the Schools Act, 1997

NEWFOUNDLAND AND LABRADOR REGULATION 112/23 Schools Regulations under the Schools Act, 1997 (Filed December 29, 2023) Under the authority of section 118.1 of the Schools Act, 1997, I make the following regulations. Dated at St. John’s, December 22, 2023. Tracy King Deputy Minister of Education REGULATIONS Analysis 1. Short title 2. Definitions 3. Appeals to principal 4. Appeals to superintendent 5. Suspension by teacher 6. Suspensions by principal 7. Extension of suspension 8. Review of expulsion 9. Commencement Short title 1. These regulations may be cited as the Schools Regulations . 112/23 s1 Back to Top Definitions 2. In these regulations, (a) "Act" means the Schools Act, 1997 ; and (b) "senior management official" means an employee of the department designated under subsection 51.7(3) of the Act to carry out the duties and responsibilities and exercise the powers of the department under the Act and the regulations under the Act. 112/23 s2 Back to Top Appeals to principal 3. (1) Where the parent of a student, or, where the student is 19 years of age or older, the student, appeals a decision to the principal in accordance with paragraph 22(1)(a) of the Act, the parent or student shall submit the appeal to the principal in the form and manner set by the minister. (2) Where the principal receives an appeal in accordance with subsection (1), the principal shall review the appeal and provide a written decision to the parent or student no later than 10 days after receipt of the appeal. 112/23 s3 Back to Top Appeals to superintendent 4. (1) Where the parent of a student, or, where the student is 19 years of age or older, the student, appeals a decision to the superintendent in accordance with paragraph 22(1)(a), (c) or (d) of the Act, the parent or student shall provide to the superintendent (a) an appeal in the form and manner set by the minister; (b) a copy of the decision being appealed; (c) the information and documentation that the parent or student determines necessary; and (d) any information and documentation the superintendent determines necessary. (2) The superintendent shall review the information and documentation submitted in accordance with subsection (1) and shall either (a) make a decision based on the information and documentation provided; or (b) determine that a hearing is necessary before making a decision. (3) Where the superintendent makes a decision under paragraph (2)(a), the superintendent shall provide a written decision to the parent or student no later than 10 days after receipt of the appeal. (4) Where the superintendent determines that a hearing is necessary under paragraph (2)(b), the superintendent shall provide written notice to the parent or student no later than 7 days after receipt of the appeal that a hearing is necessary. (5) A hearing shall be commenced no later than 14 days after the notice referred to in subsection (4) has been provided to the parent or student. (6) Notwithstanding subsection (5), the time period prescribed in subsection (5) may be extended where the superintendent and the parent or student agree. (7) A hearing under this section (a) may be conducted in person or electronically; and (b) shall be held in private. (8) Following a hearing under this section, the superintendent shall provide a written decision to the parent or student no later than 5 days after the conclusion of the hearing. 112/23 s4 Back to Top Suspension by teacher 5. Where a teacher is of the opinion that a student has engaged in disruptive behaviour in a class, the teacher may suspend the student from a class period. 112/23 s5 Back to Top Suspensions by principal 6. (1) Where a principal is of the opinion that a student has engaged in unacceptable behaviour, the principal may suspend the student from one or more of the following: (a) one or more class periods; (b) one or more courses or school programs; (c) school; (d) riding on a school bus; or (e) participating in an activity sponsored or approved by the department. (2) Subsection (1) applies where the unacceptable behaviour occurs (a) on school grounds, on property immediately adjacent to school grounds, at a school-sponsored or school-related activity, function or program whether on or off school grounds, at a school bus stop or on a school bus; or (b) at a location, activity, function or program that is off school grounds and is not school-sponsored or school-related only where that behaviour may significantly disrupt the learning climate of the school. (3) Where a principal suspends a student from school, the suspension shall not exceed 5 school days. (4) Notwithstanding subsection (3), a suspension under subsection (3) may be extended in accordance with section 7. 112/23 s6 Back to Top Extension of suspension 7. (1) Where a student is suspended from school under section 6 and the principal is of the opinion that the student should be suspended for a period greater than 5 school days, the principal may, in writing, make a recommendation to the senior management official that the student be suspended for a period greater than 5 school days. (2) Where the senior management official agrees with the recommendation of the principal, the senior management official may (a) suspend the student for an additional period of one to 5 school days; or (b) make a written recommendation to the superintendent that the student be suspended for a period greater than 10 school days. (3) Where the superintendent agrees with the recommendations of the principal and the senior management official, the superintendent may suspend the student for a period greater than 10 school days provided that the suspension does not exceed the periods prescribed in subsection 36(5) or (6) of the Act. 112/23 s7 Back to Top Review of expulsion 8. (1) A written request for a review of a student expulsion referred to in subsection 39(1) of the Act shall (a) be in the form set by the minister; and (b) include (i) any information respecting the circumstances leading to the expulsion that is known to the parent or student and any supporting documentation, and (ii) the reasons for the request for a review. (2) Where the department has received a request for a review of an expulsion referred to in subsection 39(1) of the Act, the minister shall appoint not less than 3 persons to constitute an expulsion review panel, one of whom shall be appointed by the minister as the chairperson. (3) Once the expulsion review panel is appointed in accordance with subsection (2), the department shall (a) refer the request for review to the expulsion review panel; and (b) notify the parent or student requesting the review that the matter has been referred to the expulsion review panel. (4) No later than 7 days after receipt of the referral, the expulsion review panel shall, in writing, notify the parent or student requesting the review of the date, time and location of the review. (5) A review shall be held no later than 15 days after receipt of the referral by the expulsion review panel. (6) Notwithstanding subsection (5), the time period prescribed in subsection (5) may be extended where the expulsion review panel and the parent or student requesting the review agree. (7) A review (a) may be conducted in person or electronically; and (b) shall be held in private. (8) The expulsion review panel may determine the procedure for the review. (9) Notwithstanding subsection (8), the procedure for the review shall allow the parent or student requesting the review to (a) be heard at the review; (b) be accompanied by any person serving in an advocacy or support capacity; and (c) submit relevant information. (10) An expulsion review panel may receive or accept evidence and information on oath, affirmation, affidavit or otherwise, whether or not that evidence or information is admissible as evidence in a court. (11) No later than 7 days after the conclusion of the review, the expulsion review panel shall provide a written decision, including reasons, to (a) the parent or student requesting the review; (b) the superintendent; and (c) the minister. (12) A decision of an expulsion review panel is final. 112/23 s8 Back to Top Commencement 9. These regulations come into force on January 1, 2024. 112/23 s9