Procedure 2.1.46 MODIFIED DAY AND EXCLUSION

DSB Ontario North East is committed to establishing and maintaining a safe and secure environment for its students, staff and community.  A proactive approach is most effective in preventing behaviour concerns and ensuring optimal learning for all students and staff.  Decisions regarding modified days and exclusions must be transparent, consistent, and anchored in the principles of safety, fairness, equity, and inclusion.

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 portfolio service staff, and parent(s)/guardian(s). 

This procedure applies to all schools, all students, and all school activities under Board jurisdiction. This procedure does not apply to suspensions, expulsions, or public health exclusions.

3.1 Legislative Context

Education Act, Regulation 298 s. 3(1), states that all pupils of compulsory school age must attend school each day for a minimum of five instructional hours. Despite subsection (1), a board may reduce the length of an instructional program on each school day to less than five hours for an exceptional pupil in a special education program (Education Act Regulation 298 s. 3 (3)). 

Education Act, Regulation 298 s. 3(3), states a board may reduce the length of the instructional program for an exceptional pupil in a special education program.  This may be determined to be in a student’s best interest to transition gradually into a new classroom/school environment, or as a result of a specific situation. 

Education Act, Regulation 298, s. 23(3) states a parent/guardian may request that a child be excused from school for a temporary period of time.

3.2 Application

Modified days may be considered when in the student’s best interest, such as:

• Student safety (self or others)
• Transition planning
• Medical fragility
• Gradual re-entry after absence or exclusion

Once it is determined, in collaboration with the Special Education Lead, and area Superintendent of Education, that a modified school day is an appropriate intervention, the school principal, or designate, will complete Appendix A - Student on Modified Schedule Agreement, which will include a re-entry plan. 

The re-entry plan must include strategies and a timeline for the student’s return to full day instruction and is to be completed prior to the area Superintendent of Education’s approval of the modified school day. When completing the plan, the information is to be documented in the ‘Transition Plan’ section of the student’s IEP (if applicable). 

Effort will be made to work in partnership with the parent(s)/guardian(s) to arrive at a mutually agreeable decision regarding the modified school day and re-entry plan. If the parent(s)/guardian(s) disagree with the school’s decision and/or the re-entry plan, the principal or designate will direct them to the area Superintendent of Education who will attempt to resolve the situation. 

Modified days may be implemented expediently in urgent safety circumstances.  Required steps may be completed concurrently or retroactively. This may include circumstances that compromise the learning environment and/or safety and well-being of the student or others despite appropriate reasonable interventions. The decision regarding the student’s programming in these instances would be made through communications with the school principal and/or designate, parent(s)/guardian(s) and the area Superintendent of Education. 

4.1 Legislative Context

Education Act, s.265(1)(m): Principals may refuse to admit a person to a school if the person’s presence would be detrimental to the safety or well-being of others.

PPM 145: Exclusion is not a disciplinary measure. It is a last resort used only to ensure safety.

4.2 Principles

Exclusion is temporary and must support a plan for re-inclusion.  This will occur where comprehensive positive behaviour support strategies have been reviewed, modified, and put into place with little or no reduction in risk. The purpose of putting in place a plan is to promote the student’s inclusion and address the safety concerns of others.

A decision to consider exclusion must be done in collaboration with the area Superintendent of Education. 

Appropriate academic work should be provided while a student is excluded.

Exclusion files must be kept separate from the Ontario Student Record (OSR).

4.3 Responsibilities of the School Administrator(s)

Prior to recommending exclusion, the school administrator(s) must:

1. Attempt to leverage all available school and community-based resources.  
2. Implement and monitor reasonable interventions using data-informed processes.  They must ensure that all preventative plans were developed, properly implemented, and monitored through a data collection process considering the student's individual needs. 
3. Consult with: 
   1. area Superintendent of Education, 
   2. Safe and Accepting Schools Lead (or designate), 
   3. Superintendent of Education responsible for Special Education (or designate) as appropriate
   4. Mental Health Lead, when mental health concerns are present, to ensure that mental health and emotional well-being concerns are identified and supported.  
4. Inform parent(s)/guardian(s), or the adult student verbally, of the exclusion as soon as possible.
5. Confirm the exclusion in writing using Appendix B – Exclusion Confirmation Letter. The letter will be filed in an exclusion file secured in a locked location (not in the student’s Ontario Student Record (OSR)).
6. Communicate the exclusion to the student’s teacher(s), and the appropriate regional Attendance Counsellor. 
7. Ensure accurate attendance coding per Ministry instructions (consult with Student Information Systems Supervisor when required) and the Enrolment Register. 
8. Facilitate academic continuity (class work packages, virtual access via asynchronous platforms, resources). 
9. Regularly monitor the status and conditions, as set out in the exclusion letter. The frequency of monitoring will be determined on a case-by-case basis, but no less than monthly. Keep lines of communication open with the families/parents/guardians, the adult student, or the student who is 16 or 17 years old and withdrawn from parental control. Keep the area Superintendent of Education informed of the status of the exclusion.
10. Use Appendix C – Student Exclusion Check-In Meeting to help track progress of student and determine whether the conditions for re-entry have been met. The administrator, and any additional staff as required, are to meet with the family of the excluded student prior to re-entry and develop an appropriate transition plan. The transition plan will be housed in the exclusion file. 
11. If the conditions of re-entry have been met, then use Appendix D – Exclusion Re-entry Plan to begin the transition process to gradually return to school.
12. Communicate the date of re-entry to the area Superintendent of Education, the Safe and Accepting Schools Lead (or designate), and when appropriate, the Superintendent responsible for Special Education (or designate).
13. Communicate the date of re-entry to the regional Attendance Counsellor.
14. Confirm re-entry in writing using Appendix E – Exclusion Re-Entry Letter. The letter is not to be filed in the student’s OSR. The letter will be filed in the exclusion file secured in a locked location and a copy will be provided to the Superintendent of Education responsible for Special Education.

4.4 Responsibilities of the Area Superintendent of Education

The area Superintendent of Education must:

1. Be consulted prior to formalizing the exclusion to ensure an equitable and comprehensive understanding of the situation.
2. Review the school administrator’s decision and ensure that all reasonable interventions and preventative plans were developed, properly implemented and monitored.
3. Review exclusion and re-entry letters before distribution prior to it being sent.
4. Manage the appeal process for a student’s exclusion (as the Director of Education’s designate).

Parent(s)/guardian(s) or eligible students may appeal an exclusion through the Exclusion Appeal Process (Appendix F). 

Appeals must be filed within 10 school days of exclusion, using Appendix G – Notice of Appeal of Exclusion.

Appeals do not create a stay of exclusion.

Final decisions rest with the Exclusion Appeal Committee.

Appendix A: Student on Modified Schedule Agreement

Appendix B: Exclusion Confirmation Letter Template

Appendix C: Student Check-in Meeting

Appendix D: Exclusion Re-entry Plan

Appendix E: Exclusion Re-Entry Letter Template

Appendix F: Exclusion Appeal Process

Appendix G: Notice of Appeal of Exclusion