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Administrative Procedure 355: SUSPENSION AND EXPULSION

Background

The Division recognizes the role of discipline in creating a safe and caring learning environment. While ideally, students should be in regular attendance at school, the Division also acknowledges that there are times when a student needs a reflective opportunity to learn from experience to further their education or to ensure the safety of others and that, as a result, a student may be suspended or expelled. Students may be suspended or expelled in response to a violation when other means of corrective action have failed to bring about orderly or appropriate conduct on the part of the student or the student’s behaviour is so severe that lesser corrective action would be insufficient.

The purpose of this administrative procedure is to guide the student suspension and expulsion process and is in compliance with Alberta Education requirements to support safe, caring and respectful learning environments for all students.

Definitions

Expulsion: The term used to describe an action by the Board of Trustees or its delegate, in accordance with the Education Act Section 37, which denies a student access to a course(s); one or more schools; or riding in a school bus and includes the loss of school credit or recognition of achievement for that extended time period.

Suspension: The term used to describe an action by a principal or teacher authorized under the Education Act Section 36, which temporarily denies a student access to one or more class periods; one or more courses; riding in a school bus; or any school-related activity.

Procedures

1. OVERVIEW

  1. A teacher or a principal may suspend a student in accordance with the Education Act if in the opinion of the teacher or principal the student has
    1. failed to comply with the student responsibilities outlined in section 31 of the Education Act
    2. failed to abide by the student responsibilities as outlined in the Education Act, the code of conduct outlined in this Administrative Procedure Manaul, or by the school. 
    3. failed to comply with the rules of the school
    4. demonstrated conduct, whether or not the conduct occurs within the school building or during the school day, that is harmful to the physical or mental well-being of others in the school, or
      1. In order to protect others and/or the threat maker, the principal may refer the student for a VTRA assessment period depending on the severity of the incident, as outlined in Appendix A - 165 Threat Assessment.
    5. the student has distributed an intimate image of another person in the circumstances outlined in section 1(1.1) of the Education Act
  2. A teacher may suspend a student for one (1) class period.
    1. A teacher who removes a student from a class period shall, within one (1) day either:
      1. Reinstate the student prior to the next class period, or
      2. Refer the student to the Principal for further action.
  3. A Principal may suspend a student:
    1. From riding on a school bus.
    2. For one (1) or more class periods,
    3. For one (1) or more courses or programs,
    4. For one (1) or more school days, to a maximum of five (5) days; reinstating the student no later than the sixth (6) day
      1. A Principal shall refer the matter to the Superintendent or designate for reinstatement or expulsion if the student is not to be reinstated within five school days from the date of suspension.
  4. If a principal believes that the continued presence of a student will be detrimental to the operation of the school, the principal shall initiate a recommendation for expulsion as outlined in section 3.

2. STUDENT SUSPENSION

  1. When a student is suspended, the Principal shall:
    1. provide the student an opportunity to offer, whenever possible prior to the suspension, an explanation in defense or mitigation;
    2. inform the student of the reasons for the suspension;
    3. immediately inform the student's parent(s) by telephone if possible, followed by a letter signed by the principal or designate which shall contain all the circumstances including the grounds and the duration of the suspension;
    4. provide an opportunity for the student's parent(s) to have a conference with the principal as soon as can be arranged after notification of the suspension.
    5. schedule a reinstatement meeting with the student, parent(s)/guardians before the student resumes regular attendance.
  2. A Principal who suspends a student or has a suspended student referred to him/her may:
    1. Require a student to serve an in-school or an out-of-school suspension for no more than five (5) days, and reinstate the student within six (6) days;
    2. Refer the matter to the Superintendent or designate for reinstatement or expulsion if the student is not to be reinstated within five school days from the date of suspension.

3. STUDENT EXPULSION

  1. If a student is not to be reinstated within five school days from the date of suspension and the principal recommends expulsion, the principal shall
    1. immediately inform the Superintendent of the recommendation for expulsion, and
    2. report in writing to the Superintendent all the circumstances regarding the suspension and the principal’s recommendation for expulsion, including both the extent and duration of the expulsion and, if required, a recommendation for any alternative placement.
    3. inform the parent(s) and the student, in writing, of the recommendation for expulsion and that the suspension shall remain in effect until the expulsion recommendation is heard;
  2. The Superintendent shall be authorized to deal with all referrals from principals and may:
    1. Reinstate the student within ten (10) days of the first day of the suspension, or
    2. Refer the student to the Board early enough that the Board may deal with the matter within ten (10) days of the first day of the suspension.
  3. The Superintendent shall inform the student and the student's parent(s), in writing:
    1. when and where the recommendation for expulsion will be considered; and
    2. that they have a right to be in attendance, to be heard, to provide written information, and to be represented by counsel or an advocate at that time.
  4. The board may expel a student only if the principal has recommended that the board expel the student.
  5. The board shall, within 10 school days after the initial date of the suspension, make a decision
    1. to return the student to school, class, a course or courses, transportation or  school-related activity, or to expel the student.
  6. If a student is expelled, the expulsion takes effect immediately following the board’s decision.
    1. the board shall immediately notify, in writing, the student’s parent, and the student if the student is 16 years of age or older of the expulsion and any rules or conditions that apply to the student, and of the right to request a review.
  7. The board may establish rules or conditions for an expelled student respecting the circumstances in which the student may be enrolled in the same or a different education program.
    1. An expulsion or any rule or condition may apply to a student beyond the school year in which the student was expelled.
  8. When a student is expelled under this section, the board shall 
    1. ensure that the student is provided with a supervised education program consistent with the requirements of the Education Act and ensure that the student is provided with supports and services in accordance with section 33 of the Education Act. 

4. EXCLUSION FROM SCHOOL-SPONSORED ACTIVITIES

  1. Principals may exclude students from participation or membership in a student organization, team, or club. Such exclusions are at the discretion of the principal and need not be made in accordance with the regulations governing student suspension and expulsion.
  2. If a student participating in a school-sponsored activity (such as a field trip or athletic event) is deemed to have behaved in a manner that interferes with or detracts from the well-being of the school or otherwise provides grounds for suspension or expulsion, the principal shall take formal disciplinary action in accordance with the regulations governing suspensions and expulsions.

   

Reference

Section 8, 11, 31, 32, 33, 36, 37, 42, 43, 44, 52, 53, 196, 197, 222 Education Act

Criminal Code (Canada)

 

Approved: April 11, 1995

Amended: November 13, 2000; August 21, 2018; February 2022; December 2023