Policy 2.1.46 - MODIFIED DAY AND EXCLUSION
1.0 Rational
District School Board Ontario North East is committed to safe, inclusive and equitable learning environments. While the Education Act affirms the right of every student to attend school, there are exceptional circumstances where a student’s continued presence in school may compromise the safety, security, or well-being of themselves, other students, or staff. As such, a principal may refuse to admit a student to a school or classroom under s.265(1)(m) of the Education Act where the student’s presence would be detrimental to the physical or mental well-being of others.
The decision to modify a student’s school day represents a principal led plan that involves collaboration, consultation, and planning with the area superintendent of education, school staff, applicable Learning Services – Student Support staff members, and parent(s)/guardian(s).
Exclusion is a last resort, non-disciplinary, temporary safety measure, and must be exercised in compliance with the Education Act, Ministry policy/program memoranda, and the Ontario Human Rights Code.
2.0 Definitions
Exclusion: As per Education Act, s. 265(1)(m), exclusion is the authority of a principal to refuse to admit, or to remove, a person from school premises if the principal considers that the person’s presence is detrimental to the safety or well-being of others in the school.
- It is not a disciplinary consequence like a suspension or expulsion
- It is intended as an emergency measure to protect safety and well-being.
Suspension: As per Education Act, s. 306, a suspension is a formal disciplinary consequence where a students is barred form attending school and school-related activities for a period of 1-20 school days for conduct that violates board policy or the provincial Code of Conduct.
Expulsion: As per Education Act, s. 310, an expulsion is a disciplinary consequence that may remove a student from their school or from all schools of the board, either for a limited period or permanently, due to serious infractions.
Duty to Accommodate: As required by the Ontario Human Rights Code, school must take reasonable steps to accommodate students’ needs related to disability, creed, gender identity, or other protected grounds, to the point of undue hardship, when considering applying exclusion.
Competing Rights: Situations where the rights of one student (e.g., right to education) may intersect or conflict with the rights of others (e.g., right to a safe environment). Decisions must balance these rights in accordance with the Ontario Human Rights Commission’s Policy on Competing Rights (2012).
3.0 Policy
District School Board Ontario North East will ensure that student exclusion is used only as necessary, in exceptional circumstances to protect safety and well-being, applied fairly, time-limited, and with supports for student re-entry and continued learning.