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Education Act
ONTARIO REGULATION 37/01
expulsion of a pupil
Note: This Regulation was revoked on February 1, 2008. See: O.Reg. 472/07, ss.7, 8.
Last amendment: O.Reg. 472/07.
This is the English version of a bilingual regulation.
Definition
1.In this Regulation,
“strict discipline program” means a program approved by the Minister as a strict discipline program. O.Reg. 37/01, s.1.
When expulsion not mandatory
2.For the purposes of subsection 309 (3) of the Act, the expulsion of a pupil is not mandatory if,
(a)the pupil does not have the ability to control his or her behaviour;
(b)the pupil does not have the ability to understand the foreseeable consequences of his or her behaviour; or
(c)the pupil’s continuing presence in the school does not create an unacceptable risk to the safety of any person. O.Reg. 37/01, s.2.
Return to school after expulsion
3.(1)A pupil who is subject to a full expulsion under Part XIII of the Act may attend a school in Ontario if he or she successfully completes a strict discipline program or has satisfied the objectives required for the successful completion of a strict discipline program. O.Reg. 37/01, s.3(1).
(2)The determination of whether a pupil has satisfied the objectives required for the successful completion of a strict discipline program must be made by a person who provides a strict discipline program. O.Reg. 37/01, s.3(2).
Appeals
4.(1)The Child and Family Services Review Board is designated for the purposes of subsection 311 (5) of the Act to hear and determine all appeals from decisions of boards to expel pupils. O.Reg. 37/01, s.4(1).
(2)After hearing an appeal from a decision of a board, the Child and Family Services Review Board may do any of the following things:
1.Confirm the board’s decision.
2.Modify the type or duration of the expulsion.
3.Impose, change or remove conditions that must be satisfied if the pupil is to return to school in Ontario following an expulsion.
4.Overrule the decision of the board and reinstate the pupil. O.Reg. 37/01, s.4(2).
(3)If the Child and Family Services Review Board overrules the decision of the board and reinstates the pupil, it may order that any record of the expulsion of the pupil be expunged if the Child and Family Services Review Board considers it appropriate in the circumstances. O.Reg. 37/01, s.4(3).
Disclosure of information
5.(1)The board that expels a pupil under the Act may disclose his or her pupil record to a person who provides a strict discipline program to the pupil if,
(a)the pupil consents to the disclosure, if he or she is an adult; or
(b)the pupil’s parent or guardian consents to the disclosure, if the pupil is a minor. O.Reg. 37/01, s.5(1).
(2)The person who provides a strict discipline program to the pupil may disclose personal information about the pupil to the board that expelled the pupil or to any board to which the pupil applies to return to school if,
(a)the pupil consents to the disclosure, if he or she is an adult; or
(b)the pupil’s parent or guardian consents to the disclosure, if the pupil is a minor. O.Reg. 37/01, s.5(2).
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