Educational Law Summary 1.

Regs 298: school routines 2 recess 10-15 mins, lunch at least 40 mins texts under approval of board teach only under your qualifications study of religions without valuing one above another public schools: religion ed must be less than 60 mins per week 437: teacher’s duties & reputation -abuse -neglect -conduct unbecoming a member =caution, reprimand, suspension, revocation result in compliance, limitations to terms or cancellation of membership Caldwell et al vs. Stuart et al. 1984- catholic teacher not rehired bc of marryi ng a divorced person (did not live according to church doctrine) 2. Education Act S 264/265 - Powers and duties of teachers -what they may do vs what they must do -search of students orbit article 264-duty of the teacher to maintain proper order and discipline in the classroom and on school grounds 265-principal’s duty to maintain order -power of teachers to search students with reasonable cause (reliable source) th at there has been a breach of school regulations and to seize offensive items wh en enforcing school rules (but limits should be placed on the scope, extent and manner of the search) -must believe that a search of student would reveal further evidence of that bre ach -extent of search connected to magnitude of suspected violation -sensitive and minimally intrusive manner 3. Safe Schools Policy- Bill 212, -no more mandatory suspensions, at discretion of principals= (esp. if act was re lated to harassment/discrimination) - discipline can now act on actions outside of school (that might impact school climate) and on bullying incidents -removes power of principals to excel and teachers to suspend -suspension is 1-20 days max, board must hear suspension appeal w/in 15 days -requires schools to provide programs to suspended students (for 5+ day suspensi ons)

4. Teaching Profession Act - S 18(1)(b) -reporting sexual abuse, no need for adverse report -DeLuca case (Robin’s Report)- teacher who sexually abused children his classes fo r over 20 years -moved from school to school easily -victims complained but were not taken seriously -teachers did not report him, likely bc they thought they had to provide him wit h adverse report 5. Child and -must report ential info) -report also Family Services Act (Duty to Report) suspected abuse, neglect of any kind (even if found out from confid to children’s aid, if not fine of $1000 if child under 12 has committed murder or serious injury/crime and

there is no evidence that parents are taking steps to get child help *THE TEACHER HER/HIMSELF MUST REPORT DIRECTLY TO CHILDREN’S AID, do not rely on pr incipal to make the call 6. Orbit readings from the first class 1-Know the law: -can incorporate fairness and due process -act reasonable and preventatively -limit liability -know your rights and resp.s and ensure other teachers do too 2-Youth crime: -anonymity in Youth Criminal Jusitce Act= no disclosure to teachers about their students (some argue this poses a safety risk to teachers and other students) -legal system perpetuates rather than deters crime 3-Peer Mediation/Restorative Justice: -for non-violent problems, imp of getting kids to talk -understand peers, normalize process, empowers, commands respect from peers= sys tem of problem-solving that is unique to the personal nature of problem, can gt help from trained mediator peers when they don’t want to talk to parents, teachers , etc -move towards restorative justice (instead of retributive), opp to meet person t hey offend face-to-face -Rest Justice prog: for offences including: theft under $5000, fraud under $1000 , mischief where damage can be corrected, some assault and threats (under safe s chools act) -some incidents that would have resulted in arrest were resolved faster and with out as much police involvement 4-Internet/freedom of speech: -Tinker case (U.S.) – students allowed to wear arm bands (against school policy) t o protest Vietnam war (free speech upheld in court) -Beussink: student allowed to post anti-admin comments on OWN website (dislike of student’s speech not enough to limit it) -J.S. vs. Bethlehem: student disciplined for using his own personal website and urging people to fund a hit on his teacher. Court upheld that seriously affected teacher (he took a medical leave)- proceeded bc interference w education proces s -Emmet vs Kent: court sided w student in case that student posted obituaries of students and asked visitors to vote on who should die next. Court applied Tinker std since not school-sanctioned website -Beidler vs. North Thruston: student on own site posted Nazi depictions of his t eacher. Student not disciplined- failure to satisfy court that page had casued s ubstantial disruption 5- Freedom of Speech B.C. teacher (homosexual and politically involved in this c ause) whose book choices (ex: Heather has 2 Mommies) overturned even though they were on reading list bc court ruled that parents had rights to express their co ncerns Multani case- 2001, grade 7 student’s kirpan falls out of his belt, allowed back t o school as long as it’s safely wrapped and secure under clothing. Governing board revokes this compromise, parents vote to ban kirpan. Quebec Superior court rule s against this as kirpan is integral to religion, school board backed by this ru ling. Quebec Court of appeal overturns ruling, arguing that safety of students i s more imp than indiv rights of religion. SCC overturned this ruling, said that prohibiting kirpan wearing violates human rights under charter. Said school boar ds can apply own rulings as to how the kirpan can be worn to best ensure safety.

Field Trips: - the standard of care owed by educators to students is that of a reasonably car eful or prudent parent. This includes the duty to protect students from any reas onably foreseeable risks of injury. -usually, teachers are not resp for injuries of students off of school property; however, this does not apply to known risks near school (ex: busy intersection, steep ravine). School must eliminate risk here (crossig guard, fence) and warn parents of the risk. -for field trips, teachers are resp to ensure duty of care and elimination of ri sks -supervision during event and until back at school or picked up by parents -risk management- reasonable duty of teachers- is a risk foreseeable and prevent able? -Bain v. Calgary Board of Ed.: teacher allowed students to go on unsupervised ev ening/night hike on an overnight field trip. A 19 yr old fell on the hike, suffe red perm brain injury -teacher and board sued bc trip was “extension of the classroom and therefore subj ect to same duty and standard of care. This case is imp bc reinforces need to st ick to itinerary and to always ensure approp. supervision OSBIE – Ontario School Boards Insurance Exchange: assess risk, cancel event if low ratio student: supervisor, school bus best form of transport Scopes- John Scopes volunteered to go to trial for teaching evolution theory, wh ich was against the law, but being done by many in the 1920s, guilty verdct, fin ed $100. One year later, case was overturned on a technicality (fine should have been set by jury, not judge). Although he lost, big impact. Evolution continued to be taught in schools and statutes never enforced. Case sparked debate- need for separation between church and state in education. Falconer Report (Road to Health- C.W. Jeffries and Westview case study) -violence and weapons in schools a pervasive problem, esp in Jane-Finch area -Safe Schools Act has deeply hurt Toronto’s most disenfranchised (style of discipl ine is discriminatory and leads to worse crime) =”one size fits all” model pushes kids onto the streets idid it work to make schools safe? NO= treating everyone the same when youth com e from such diff starting points does not work (matter beyond academic should be addressed and supported to overcome) -marginalized youth can’t be suspended into being engaged at school -”easier to get a gun than a job” -“Culture of silence”- both students and teachers afraid to report (for consequences were pre-mandated) -metal detectors not solution, maybe gun dogs at random is -gender violence= 29 rapes on school property over last 2 years at these 2 schoo ls -underreported! -recommends that students 16+ do not have to disclose this info to their parents or police= more incentive for them to report -anti-bullying programs do not address gendered violence= need for programming h ere -39% of staff witnessed sex harassment of students -33% of staff witnessed drug trafficking -touches on need for Aboriginal programming

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