July 10, 2012
Gillian Tuck Kutarna

The preamble to Bill 13 (the Accepting Schools Act) speaks to the need for a “whole school approach to bullying”, such that: "government, educators, school staff, parents, students and the wider community – has a role to play in creating a positive school climate and preventing inappropriate behaviours…”.

Last week we commented on the sections of Bill 13 that affect the duties of school Principals in relation to the prevention and response to bullying in schools. The amendments, which come into force September 1, 2012, also mandate specific obligations for school boards.

Part VI of the Education Act deals with the ‘Duties and Powers’ of Boards. This section previously began with the statement “Every Board shall (a) promote student achievement and well-being”. Bill 13 now adds two more requirements, specifically that (a.1) boards shall promote a positive school climate that is inclusive and accepting of all students and (a.2) shall promote the prevention of bullying.

Boards are required to develop policies to achieve these goals, and to monitor the effectiveness of such policies and the efficiency of their implementation. Monitoring under Bill 13 requires boards to conduct ‘School Climate Surveys’ at least once every two years in order to collect information from pupils, staff, parents and guardians of its pupils.

In addition, boards are required to establish policies and guidelines with respect to student discipline, which include progressive consequences for inappropriate behaviours including bullying, sexual assault, gender-based violence, homophobia, biphobia and transphobia. Specific bullying activities will result in mandatory suspension. Boards will be required to submit to the Minister of Education reports with respect to suspensions and expulsions. Boards must also develop a bullying prevention and intervention plan, consulting with teachers, staff, students, volunteers, parents and guardians in the plan’s formation and periodic review, ensuring that it is both publicly communicated and implemented.

For teachers and other staff, boards must provide annual professional development programs, addressing bullying prevention and strategies for promoting positive school climates.

In any agreement with third party users of board facilities, boards must include a requirement that the third party follow standards which are consistent with the board’s Code of Conduct.

Boards are required to support students who want to lead activities or organizations that promote a safe and inclusive school environment, and must allow the use of the name ‘gay straight alliance’. Boards are required to establish programs, interventions or other supports, which may be provided by social workers, psychologists, or other professionals, for pupils who have either been the victim of bullying, engaged in bullying, or have witnessed a bullying incident

Bill 13 also imposes specific duties on the Ministry of Education related primarily to the development of policies and guidelines. We will cover these duties in our next posting.