Student conduct

Requiring student to leave class

121 Where a student in a class is persistently disobedient or defiant or acts in a manner likely to affect injuriously the proper conduct of the class or the welfare or education of other students in the class, the teacher of the class may require the student to leave the class and shall refer the student to the principal. 1995-96, c. 1, s. 121 .

Suspension

122 Where a student enrolled in a public school is persistently disobedient or defiant or conducts himself or herself in a manner likely to affect injuriously the proper conduct of the school or the welfare or education of other students enrolled in the school, the principal, or the person in charge of the school, may suspend the student for a period of not more than five school days. 1995-96, c. 1, s. 122 .

Review of suspension

123 (1) When a student is suspended pursuant to Section 122 the principal or other person in charge of the school shall immediately notify, in writing, the student, the student's teachers, the school board and the student's parents of the reasons for the suspension.

(2) The student or the student's parents may request a review of the suspension pursuant to Section 122 by the school board within three school days of receiving the notice pursuant to subsection (1).

(3) The school board shall

(a) confirm the suspension under Section 122; or

(b) order that the suspension be revoked and that the suspension be removed from the record of the student. 1995-96, c. 1, s. 123.

Extended suspension

124 (1) Where a student is suspended pursuant to Section 122 and the principal is of the view that the student should be suspended for a period greater than five school days, the principal may, in writing, make a recommendation with reasons to the school board that the student be suspended for a period greater than five school days.

(2) When a recommendation is made pursuant to subsection (1), the school board shall immediately notify, in writing, the student and the student's parents of the principal's recommendation and reasons.

(3) Within seven days of having received the recommendation of the principal under subsection (1), the school board shall

(a) dismiss the principal's recommendation; or

(b) extend the suspension of the student for a period of greater than five school days.

(4) Where the suspension of a student begins within two months of the end of the school academic year, the period of time for which a school board may extend the suspension under subsection (3) may include a portion of the next academic year.

(5) The school board shall notify the student, the parents of the student, the student's teachers, the principal or person in charge of the school of its decision under subsection (3) within three days of the meeting at which the decision was made.

(6) Where the school board decides under subsection (3) to extend the suspension of the student, the school board shall include in its notice under subsection (5)

(a) the period for which the student is to be further suspended;

(b) the reasons for the decision to further suspend the student; and

(c) the right of the student and of the student's parents to appeal the decision.

(7) When a student or the parent of a student has been notified of the suspension of the student pursuant to (5), the student or the parent may, within seven days of receiving such notice, appeal the suspension to the school board.

(8) The school board shall, upon receipt of a notice of appeal pursuant to subsection (7)

(a) immediately notify the parent of the student and the student of the time and place of the hearing of the appeal and the right of the student or parent, or both, to appear in person with or without counsel;

(b) within ten days of receipt of the notice of appeal, hold a hearing and confirm, revoke or vary the decision of the school board.

(9) Within three clear days of the hearing, the school board shall notify the student, the student's parent, the student's counsel, the student's teachers and the principal or person in charge of the school of its decision, which decision shall be final and binding. 1995-96, c. 1, s. 124.

Manner of exercising certain powers and duties

125 (1) The powers and duties of the school board set out in subsections 123(3) and 124(3) may be performed

(a) if so directed by the school board, by one or more committees consisting of the superintendent and two members of the school board, one of whom shall act as chair of the committee;

(b) if so directed by the school board, by the school advisory council of the school or a committee of the school advisory council;

(c) with the approval of the Minister, by one or more committees of persons designated by office or named by the school board.

(2) The power and duties of the school board set out in subsection 124(8) may be performed, if so directed by the school board, by one or more committees consisting of the superintendent and two members of the school board, one of whom shall act as chair of the committee. 1995-96, c. 1, s. 125 .

Alternative educational arrangements

126 Where a student is suspended for more than five school days, the school board, in consultation with the student's parent, shall make every reasonable effort to provide alternative arrangements for the education of the student, in accordance with the regulations. 1995-96, c. 1, s. 126 .

Suspension of school bus rights

127 (1) The principal of a public school, or such other supervisory person as may be designated by the school board, may suspend a student's right to use the school bus if, in that person's judgement, the student has refused to comply with reasonable rules or regulations of the school board or directions given by the bus driver or if, in that person's judgement, the behaviour of the student while on the bus endangers the safety of others using the bus.

(2) A person who suspends a student's right pursuant to subsection (1) to use the school bus shall report this action immediately to the school board and inform the student's parent by the speediest method convenient of that person's action.

(3) Where the student's right to use the school bus has been suspended for a period of more than two days, the student and the student's parent shall be notified in writing of the reason for the suspension and, where the suspension is for a period of more than five school days, of the right of appeal pursuant to subsection (4).

(4) Where a student is suspended for a period of more than five school days, the parent of the student or the student, if the student is of the age of majority, may, within seven days of receiving notice of the suspension pursuant to subsection (3), appeal the decision to suspend.

(5) Where a notice of appeal has been received by the school board pursuant to subsection (4), the balance of the suspension shall be stayed until the school board confirms, revokes or varies the suspension.

(6) The school board shall, upon receipt of a notice of appeal

(a) immediately by registered mail notify the parent of the student, or the student, where the student is of the age of majority, of the time and place of the hearing of the appeal; and

(b) within ten days of receipt of the notice of appeal, hold a hearing respecting the suspension and within three school days following that hearing confirm, revoke or vary the decision to suspend.

(7) No parent or other person in charge of any student, having been sent by the school board by registered mail a notice of suspension of the student's right to use the school bus, shall cause, encourage or permit the student to use the bus during the period of time during which the suspension is in effect. 1995-96, c. 1, s. 127 .