iii. whether the suspension or expulsion is likely to result in an
aggravation or worsening of the pupil’s behaviour or conduct.
O. Reg. 472/07, s. 3; O. Reg. 412/09, s. 4.^164As will be discussed below, where suspension and expulsion is deemed
inappropriate because the behaviour at issue is clearly a manifestation of
disability, the school board may address that behaviour in other ways, such as
excluding the student.
VII. Exclusion from public school
At issue is access. The denial of access or reduced access is often caused by
attitudinal barriers and a non-inclusive school culture; and secondly a failure to
appropriately accommodate. Other factors at play may be a perception of
workplace safety issues,^165 funding considerations, improper or inadequate
investigation and/or implementation of appropriate supports needed, possible
bullying, intersection of Code related grounds, and a variety of other factors.
A. Principal’s powers – s. 265.1mThe Education Act confers multiple powers and duties to a school principal, as
set out at section 265 of the Education Act. In particular, section 265 (1)(m)
states the following:
access to school or class
(m) subject to an appeal to the board, to refuse to admit to the
school or classroom a person whose presence in the school or
classroom would in the principal’s judgment be detrimental to
the physical or mental well-being of the pupils;
A formal acknowledgement of the exclusion in writing is critical to understanding
the legal basis upon which the exclusion is based and to evaluate what possible
(^164) Behaviour, Discipline and Safety of Pupils, O Reg 472/07, ss 2, 3.
(^165) Supra note 143; See also supra note 144.