JKA-P1 - Detention, Probation, Suspension and Expulsion of Students

SECTION J: School Administration

Background: 

As per the Manitoba Education document A Policy Directive Enhancing Proactive Supports to Minimize the Use of Suspension (2023), Prairie Spirit School Division will work to:

Limit, reduce and phase-out exclusionary practices, except in situations of imminent safety risk to students and staff, balancing appropriately the need for at-risk students to receive an education, and ensuring that all students have a safe and orderly learning environment.

Implement proactive measures and work to find alternatives to suspension; ensuring student safety through any interventions.

Prairie Spirit School Division procedures will support the guidelines laid out in the above mentioned document, and will be consistent with other Safe and Caring Schools expectations.

Guiding documents:

A Policy Directive Enhancing Proactive Supports to Minimize the Use of Suspension

Companion Guide for Safe and Caring Schools: A Policy Directive Enhancing Proactive Supports to Minimize the Use of Suspension

Safe and Caring Schools: Provincial Code of Conduct - Appropriate Interventions and Disciplinary Consequences

Safe and Caring Schools: A Policy Directive Enhancing Proactive Supports to Minimize the Use of Seclusion

Safe and Caring Schools: A Whole-School Approach to Planning for Safety and Belonging

Standards for Appropriate Educational Programming in Manitoba 

Procedures:

Guideline 1: Definitions and Terminology

• Exclusionary Practices: Any type of school disciplinary action that removes or excludes a student from their usual educational setting, including the following:

  • withdrawal from the classroom setting for less than half a school day for disciplinary purposes but under the direct supervision of school personnel

  • detention

  • removal of privileges

  • removal from school bus ridership

  • exclusion time-out

  • being sent home early

  • in-school suspension

  • out-of-school suspension

  • Expulsion

  • Seclusion

  • Refer to JG-P1 - Procedure for Enhancing Proactive Supports to Minimize the Use of Seclusion as a Response to Student Behaviour for more information.

• Out-of-School Suspension: An instance in which a student is dismissed from school for disciplinary purposes for a finite period of time when their peers are expected to be in attendance.

• In-School Suspension: An instance in which a student is temporarily removed from their regular classroom for at least half a school day for disciplinary purposes but remains under the direct supervision of school personnel.

• Expulsion: Expulsion is an extreme exclusionary discipline practice. Expulsion differs from suspension. Although The Public Schools Act and supporting regulation allow school boards to expel, the guidelines in this policy directive focus on minimizing the use of suspension due to the negative outcomes and the aim to limit, reduce, and subsequently phase out exclusionary practices.

• Seclusion: Seclusion is a safety response. It is never used as a punishment, consequence, disciplinary action, or a way to force compliance.

• Informal removals/being sent home: Instances when a student is sent home due to behavioural disruptions. If a student’s day is reduced outside of the student-specific planning process, such informal removals must be documented.

Guideline 2: Enhancing proactive and preventative practices

Schools will be conscious of the Guiding Documents listed above. “Schools create a sense of belonging and community that helps students develop and maintain their social, emotional, and psychological well-being. Across the social-ecological systems (student, family, classroom, school, community, and society), opportunities are created for children and youth to experience connection and build a foundation of caring that will support the problem-solving process when issues are identified or incidents occur. Feeling connected and part of the school community strengthens a sense of belonging, develops positive relationships, and communicates support in resolving issues. (Safe and CaringSchools A Whole-School Approach to Planning for Safety and Belonging, 2017)

Guideline 3: Alternative Approaches to Suspension

In order to promote a safe, caring, and inclusive learning environment, schools must provide opportunities for students and staff to increase their understanding of behaviour and to learn to respond to unwanted behaviour in alternative ways; supportive student discipline should be about teaching and learning.

For the purpose of offering a safe, structured, and supervised environment, an in-school suspension may be applied for a finite period of time in lieu of an out-of-school suspension when it is considered safe and appropriate. An in-school suspension allows for the opportunity to apply targeted interventions and supports that address behaviour and facilitate problem solving. There is benefit to maintaining connection to the school community and adults in a safe environment and with uninterrupted learning.

Guideline 3.1: Behaviours Requiring Intervention

There are many behaviours that warrant an intervention and response rooted in caring and support. Some of these behaviours include but are not limited to the following:

• bullying/cyberbullying behaviour

• harassment/discrimination

• threats to others

• theft

• trafficking in drugs or sex

• physical violence/aggression

• sexual assault/aggression

• hazing

• gang activity

• possession of a weapon

• possession of or being under the influence of alcohol, cannabis, or an illicit drug

• harmful use of the Internet and electronic communication (including AI-generated content) 

• self- or peer exploitation

• threats and/or harm to self

Guideline 4: Discretion and Consideration

Disciplinary responses are to be viewed as an opportunity to problem solve. Teachers, Principals, and potentially divisional staff, will look at multiple factors in determining whether suspension is an appropriate disciplinary consequence.

• Provide reasonable accommodation when disciplining a student, and take into consideration the student’s state of development and any student specific planning documents.

• Disciplinary responses will need to consider the students’ special learning needs and abilities, including:

  • Does the student understand the information/rules/procedure/policy?  Disciplinary actions, although generally consistently enforced, should be appropriate for each student.

  • The Division must ensure that disciplinary action does not perpetuate systemic racism, discrimination, or oppression and is applied in a manner consistent with The Human Rights Code of Manitoba.

• Additional factors that may direct the course of action:

  • Information gathered from the student, reporting staff, and others who may have witnessed or been involved

  • Whether a process should be initiated to assess the risk of threat to self or others, and the risk of recurrence

  • Possible motivation or underlying reason(s) that led to the incident

  • Previous disciplinary incidents

  • Previously employed interventions and their effectiveness

  • Student’s background and support network

  • Alternative approaches not previously employed

  • Whether the suspension will be a breach of probation

  • Discussion with parent(s)

  • Discussion with the in-school team and/or divisional staff

• A student cannot be suspended as a response to absenteeism.

• Suspension duration must not incrementally increase based on the number of suspensions a student has previously received.

Guideline 5: Suspension Procedures

In-School Suspension (ISS)

An in-school suspension is to be carried out in a supervised educational environment with restricted contact to peers during the instructional day. During an in-school suspension, a student may be restricted from attending one or more classes and/or school-sponsored activities. School or School Division personnel may determine that a student can continue to participate in school-sponsored activities, with direct supervision; provided there is no safety risk.

The following process will be followed:

• Notification to Parents - If an in-school suspension is issued by a teacher or the principal, the principal must promptly notify parents of the reason and period of suspension. 

Within 24 hours of the decision to suspend, written communication will be sent to the parents with information that includes the following:

• Student’s name, birth date, and student MET number

• The nature of the suspension (in-school or out-of-school)

• The reason(s) for the decision to suspend in relation to the code of conduct and/or divisional policy

• The period of suspension (beginning and end dates)

The following template may be utilized to communicate if appropriate.

• Written Report - Within 24 hours following the decision to suspend, the principal will give the superintendent a written report (google form). A copy of this must also be added to the pupil file.

• Attendance codes in the Student Information System (Powerschool) must reflect appropriately.

• Principals will also communicate with classroom teacher(s), in-school team, relevant school/divisional staff all appropriate/relevant information.

• Access to Educational Programming during Suspension -  Any student suspended for more than five days must have educational programming arranged. 

During suspension, access to learning should be maximized by providing students with the resources they need. The intention of accessing learning in an alternate, supervised environment must be viewed as an opportunity to continue learning, and maintain connection to the school.

Suspension by a Class Teacher - A suspension from a class by a teacher is to be considered an in-school suspension. Suspensions from class must immediately be reported to the principal. Following the teacher’s decision to suspend the student from class, the teacher will:

• Notify the principal, who will inform the parent(s) of the reason and duration of the suspension, which may not exceed two days.

• Provide the principal with a written report outlining the events and reason for suspension from class, and action (proactive & reactive) taken by the teacher

• Arrange for a supervised learning environment and ensure appropriate educational programming continues

• Discuss with the principal the re-entry process and how this information will be communicated with parent(s)

• Meet with the student, principal, and parents prior to re-entry to communicate expectations and to develop strategies to repair the relationship. 

Out-of-School Suspension (OSS) 

School Personnel will not dismiss from the school a student who presents an imminent safety risk to self or others, before parents or proper authorities have been notified.

During an out-of-school suspension, students will not be permitted to be present at school and, at the discretion of the principal, may not be permitted to participate in school-sponsored activities.

• Notification to Parents - If an out-of-school suspension is issued by the principal, they will promptly notify parents of the reason and period of suspension. If the superintendent has suspended the student, notification must come from the superintendent. 

Within 24 hours of the decision to suspend, a written letter will be sent to the parents with information that includes the following:

• Student’s name, birth date, and student MET number

• The nature of the suspension (in-school or out-of-school)

• The reason(s) for the decision to suspend in relation to the code of conduct and/or divisional policy

• The period of suspension (beginning and end dates)

• Information regarding the re-entry process

• Information on parent’s right to appeal 

• Clarity of any other restrictions

The following template may be used to communicate if appropriate.

• Written Report - Within 24 hours following the decision to suspend, the principal will give the superintendent a written report (Google Form). A copy of this must also be added to the pupil file.

• Attendance codes in the Student Information System (Powerschool) must reflect appropriately.

Access to Educational Programming during Suspension 

• Any student suspended for more than five days must have educational programming arranged. 

• Educational programming may range from work at home to alternative courses at a different location or remote learning.

• During suspension, access to learning should be maximized by providing students with the resources they need. 

• The intention of accessing learning in an alternate, supervised environment must be viewed as an opportunity to continue learning, and maintain connection to the school.

In order to adequately plan for the student who is suspended, information will be provided to the classroom teacher and in-school team.

A Student Specific Plan must be developed for any student who has been suspended out of school more than two times during a school year.

Guideline 6: Re-entry Process

The purpose of a re-entry meeting is to:

• Provide an opportunity to debrief

• Review the reason for the suspension

• Reflect upon the incident and circumstances

• Clarify expectations

• Work towards addressing relational problems, if applicable

• Plan for the student to rejoin the classroom/school community

• Restore a sense of safety and belonging for all

• Determine potential adjustments to programming needs as necessary

Schools are expected to use a restorative approach, which places focus on accountability, empathy, and healing. The completion of school work must not be used as a condition of re-entry. Suspension must not be prolonged due to a parent’s inability to be present at the re-entry meeting. If a parent is unable or refuses to attend a re-entry meeting, schools must document the reasons.

The Re-entry meeting should:

• Review the school’s code of conduct

• Restore a sense of safety and belonging (i.e., establish a connection with an adult in the building who provides daily check-ins for positive feedback and problem-solving)

• Structure transitions, resources, and environmental considerations to be in place for a safe return

• Review planning needs if a Student Specific Plan is already in place

• Develop a Student Specific Plan for a student who has been suspended out of school more than two times

• Determine whether individual counselling and/or divisional supports are needed

• Refer to community-based/agency supports, as appropriate

• Reaffirm goals for personal and/or school success, respecting the student’s right to be heard, and participate in decisions that affect them

• Designate staff to case manage

• Encourage the repair of relationships with those who may have been harmed or affected and who also would be treated with courtesy, compassion, and respect

Guideline 7: Appeal Process

Students and parents must follow the divisional appeal process. This involves an appeal to the teacher if they made the disciplinary decision, then the principal if not resolved, then to the superintendent if not resolved, and finally to the school board.

In the case of a student who has been suspended more than five days, the school board must permit the student and their parent(s) to make representations to the school board about the suspension.

Guideline 8: Documentation

Each event of suspension must be documented. A copy of the documentation is to be placed in the pupil file. 

Guideline 9: Monitoring and Review

Principals, in collaboration with the school division, will:

• Develop categories for the reasons of a student suspension and ensure that each suspension is categorized.

• Ensure that for each category, the total number of students across schools and the division as well as the duration of suspensions are tabulated. 

• These will be submitted to the School Division via digital school suspension google form located in the Principal's section of the landing page under 'Incidents and Accidents'.

Schools and the School Division will review suspension data annually. The purpose of collecting data is to:

• Inform annual review of school’s code of conduct and EPP procedures

• Plan for safety and belonging

• Enable schools and school divisions to understand circumstances around the use of suspension, while facilitating the implementation of more effective strategies to support educational programming and responses

• Monitor and analyze suspension rates and trends

Schools will establish a designated group to review suspension data.

Expulsion of a Student

Definition of Expulsion

Expulsion is defined as an exclusion from school by Board motion, where a determination is made that a student has engaged in severe behaviour that is found to be injurious to the school environment and/or deemed an imminent safety risk to students and staff. The student must be removed on a long-term basis. The authority for expulsion is granted under The Public Schools Act (PSA) and the Appropriate Disciplinary Consequences in Schools Regulation, M.R. 92/2013.

• An out-of-school suspension lasting longer than six weeks shall be considered an expulsion.

• Expulsions may be administered by the school board only.

• Expulsions may occur from the school the student is attending, but not from the entire school division.

• The expulsion will last only until the school board rescinds the expulsion or the end of the current school year, whichever comes first.

Process and Student Rights (Representation)

When expulsion is being considered, the process must ensure the following mandatory rights:

• The student and their parent(s)/caregiver(s) have the right to be accompanied by a parent/caregiver or other adult to assist and make representations to the school board before a decision is made to expel.

• Any appeal or representation regarding an expulsion goes directly to the school board.

The local process for considering an expulsion generally includes:

1. The expulsion has been recommended by the Principal and the Superintendent.

2. The student and parent(s)/caregiver(s) (or student if aged 18 or over) have been notified in writing of: 

   1. The recommendation of the Principal and the Superintendent, 

   2. The right of the student and parent(s)/caregiver(s) to make representations at a hearing to be conducted by the Board.

3. The Principal of the student has been notified and requested to appear at the hearing to be conducted by the School Board.

4. Such a hearing/opportunity for representation has been conducted.

Educational Programming and Re-entry

• The student has the right to access appropriate educational programming during expulsion.

• School boards must ensure that alternative programming is made available for students of compulsory school age who are expelled.

• An expelled student may, on written appeal from the parent(s)/caregiver(s) (or student if aged 18 or over), be considered for re-entry to a Division school at a future date.

Appeal Process

Students and parents must follow the divisional appeal process. This involves an appeal to the superintendent and if not resolved to the school board.