Policy/Program Memorandum 128

Date of Issue: April 28, 2024

Effective: September 1, 2024

Subject: The Provincial Code of Conduct and School Board Codes of Conduct

Application: Directors of Education
Supervisory Officers and Secretary-Treasurers of School Authorities
Principals of Elementary Schools
Principals of Secondary Schools
Principals of Provincial and Demonstration Schools

Reference: This memorandum replaces Policy/Program Memorandum No. 128, August 29, 2019.

Introduction

The purpose of this memorandum is to communicate to school boards^{footnote 1[1]} the revised Provincial Code of Conduct and to provide direction on the authority and responsibility of boards to develop, implement, enforce, review, and assess codes of conduct for their school communities.

Context

This memorandum is made pursuant to subsection 301(1) of Part XIII of the Education Act which states that “the Minister may establish a Code of Conduct governing the behaviour of all persons in schools.”

This memorandum is to be understood in the context of other policies, particularly Policy/Program Memorandum (PPM) No. 119, Developing and implementing equity and inclusive education policies in Ontario schools, PPM No. 120, Reporting violent incidents to the Ministry of Education, PPM No. 144, Bullying prevention and intervention, and PPM No. 145, Progressive discipline and promoting positive student behaviour.

Once implemented, this memorandum will help create a positive school climate that supports the achievement and well-being of all students^{footnote 2[2]} in Ontario and respects all human rights. ^{footnote 3[3]}

The Provincial Code of Conduct

Purposes of the Provincial Code of Conduct

Subsection 301(2) of Part XIII of the Education Act sets out the purposes of this Provincial Code of Conduct, as follows:

1. to ensure that all members of the school community, especially people in positions of authority, are treated with respect and dignity
2. to promote responsible citizenship by encouraging appropriate participation in the civic life of the school community
3. to maintain an environment where conflict and difference can be addressed in a manner characterized by respect and civility
4. to encourage the use of non-violent means to resolve conflict
5. to promote the safety of people in the schools
6. to discourage the use of alcohol, illegal drugs and, except by a medical cannabis user^{footnote 4[4]}, cannabis
7. to prevent bullying in schools

Those governed under the Provincial Code of Conduct:

The Provincial Code of Conduct applies to the entire school community. This means that, within the publicly funded school system, the Provincial Code of Conduct applies to all individuals:

• on school property
• on school buses
• at school-related events or activities
• in other circumstances that could have an impact on the school climate
• in a virtual learning environment

Standards of Acceptable Behaviour

Respect, civility, and responsible citizenship

All members of the school community must:

• comply with all applicable federal, provincial, and municipal laws
• comply with all Ministry of Education, school board and school policies
• demonstrate honesty and integrity
• treat one another with dignity and respect, both in person and online, especially when there is disagreement or difference
• respect and treat others fairly, regardless of race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sex, sexual orientation, gender identity, gender expression, age, marital status, family status, or disability
• respect the rights of others
• show proper care and regard for school property and the property of others
• take appropriate measures to help those in need
• seek assistance from a member of the school staff, if necessary, to resolve conflict peacefully
• refrain from using abusive language or swearing at another person
• respect the needs of others to work in an environment that is conducive to learning and teaching
• not use personal mobile devices^{footnote 5[5]} during instructional time except under the following circumstances^{footnote 6[6]}:
  • for educational purposes, as directed by an educator^{footnote 7[7]}
  • for health and medical purposes
  • to support special education needs

Safety

All members of the school community must not:

• engage in bullying behaviours, including cyberbullying^{footnote 8[8]}
• commit sexual assault or sexual harassment
• traffic in weapons or illegal drugs
• commit robbery or theft
• be in possession of any weapon, including firearms
• threaten or intimidate another person
• be in possession of alcohol, cannabis,^{footnote 9[9]} and illegal drugs
  • for students, this would also include being in possession of electronic cigarette^{footnote 10[10]}, tobacco and nicotine products
• use, or be under the influence of alcohol, cannabis, tobacco, electronic cigarettes, illegal drugs or related products^{footnote 11[11]}
• provide others with alcohol, illegal drugs, tobacco, electronic cigarettes, cannabis and related products
• inflict or encourage others to inflict bodily harm on another person
• engage in hate propaganda and other forms of behaviour motivated by hate or bias
• commit an act of vandalism that causes damage to school property, to property located on the premises of the school or to the property of a member of the school community
• record, take or share non-consensual recordings or photos of members of the school community

Application of the Code

This Provincial Code of Conduct lays out a foundation for school boards to use in order to help create a positive school climate that supports the achievement and well-being of all students and respects all human rights.

School boards must put this Code into action as per the requirements below, understanding how the Code applies to different members of their school communities, including students, staff, volunteers and visitors.

Requirements for School Boards

School Board Codes of Conduct and Related Policies

School boards must develop and update their own codes of conduct to implement, at minimum, standards consistent with this Provincial Code of Conduct. School board codes of conduct must link locally developed standards to the relevant provincial standards.

School boards must ensure that opportunities which promote the standards of the Provincial Code of Conduct are made available for all members of the school community. This includes promoting the knowledge, skills, and attitudes relevant to it. This is the first part of implementing the Provincial Code of Conduct.

School boards may require principals to develop codes of conduct to address specific local school-related needs. Where local codes have already been developed, they must be updated to be consistent with the Provincial Code of Conduct and address requirements specified by the board.

School boards should assist principals in developing or reviewing their local codes of conduct by creating clear guidelines for the development of such codes, in accordance with this memorandum.

Procedures for School Board Codes of Conduct and Related Policies

Beyond a promotion of the standards, an appropriate implementation of the Provincial Code of Conduct also requires that school boards ensure that the standards of the Provincial Code of Conduct are enforced. As a result, school boards must:

• develop procedures that set out how their schools will implement and enforce their codes of conduct and all other rules that they develop that are related to the Provincial Code of Conduct standards.
• ensure these procedures distinguish between staff, students and other members of the school community:
  • PPM 145 addresses how unacceptable student behaviour is to be addressed by boards.
  • For staff, any disciplinary policies and procedures to address unacceptable behaviour would need to be established and applied in a manner consistent with local collective agreements.
  • School boards must develop, implement and enforce procedures that address unacceptable behaviour of other persons, such as, volunteers and visitors^{footnote 12[12]}.
• ensure that each step in addressing identified unacceptable behaviour be noted in a documentary record.
  • Boards must follow direction in the Provincial Model for a Local Police/School Board Protocol, 2015 and PPM 145 Progressive Discipline and promoting positive student behaviour when reporting and documenting a violent incident involving a student, as defined in PPM 120.

A school board’s code of conduct can only be successfully implemented if members of the school community are aware of and understand its policies and procedures. As a result, school boards must:

• Establish a process that clearly communicates the codes of conduct policies and procedures to all parents, students, principals, teachers, other school staff,^{footnote 13[13]} and other members of the school community in order to obtain their commitment and support.
  • This must include communication of how all members of the school community would appropriately report unacceptable behaviour.
  • This must include an annual notification to parents and students reminding them of the restrictions and requirements for student personal mobile device use and the consequences for non-compliance.
  • This process must consider and include parents whose first language is a language other than English or French.
• Post signage in school entrances and other visible places that reflects the behavioural expectations of the Provincial Code of Conduct. The required content of the sign will be set out in a separate ministry memo.
• Make the codes of conduct policies and procedures available to the public, either on the school board's website or, if the board does not have a website, in another accessible manner.
• If the board enters into an agreement with another person or entity, other than a board, respecting the use of a school operated by the board, the board shall include in the agreement a requirement that the person or entity follows the standards that are consistent with the board’s code of conduct and related policies^{footnote 14[14]}.

School boards are reminded of their obligations to report concerning conduct to the relevant regulatory colleges (e.g., the Ontario College of Teachers, the College of Early Childhood Educators, etc.) under applicable legislation.

Enforcement Relating to Alcohol, Tobacco, Electronic Cigarettes, Recreational Cannabis and Related Products and Illegal Drugs

School board local codes of conduct must set out enforcement mechanisms to address the possession, use and provision of tobacco, electronic cigarettes, nicotine products, recreational cannabis, alcohol and illegal drugs. The enforcement must comply with the board’s obligations under the Education Act and other applicable legislation and provincial policies, including PPM 145 Progressive discipline and promoting positive student behaviour.

Boards must also follow the direction in Provincial Model for a Local Police/School Board Protocol^{footnote 15[15]} regarding mandatory and discretionary notification of incidents to the police.

School board codes of conduct must also remind the school community that:

• The Smoke-Free Ontario Act, 2017 prohibits smoking (tobacco and cannabis) and the use of electronic cigarettes (vaping) at schools, on school grounds, and all public areas within 20 metres of these grounds. Anyone smoking or vaping on school property is guilty of an offence and if convicted may result in a fine under the Smoke-Free Ontario Act, 2017.
  • The Smoke-Free Ontario Act, 2017 also prohibits the sale and supply of tobacco or e-cigarettes to anyone under 19 years of age. Anyone who sells or supplies tobacco or an e-cigarette to a student under 19 years of age is guilty of an offence and if convicted may result in a fine under the Smoke-Free Ontario Act, 2017.

At minimum, in the case of these substances being found in the possession of students, parents must be notified, and the student must surrender the item(s) to the educator or administrator.^{footnote 16[16]} As per PPM 145, it is expected that students involved in these incidents would receive support to learn from inappropriate behaviours and make choices that support continuing their learning.

School boards must develop a local policy on how surrendered items, including personal mobile devices, will be handled in compliance with applicable provincial policy and legislation, including the Education Act and the Smoke-Free Ontario Act, 2017.

School Board Policy on Enforcement of Restrictions to Student Personal Mobile Device Use

School boards must develop a local policy setting out how they will enforce the restrictions on student use of personal mobile devices at school. The policy must comply with the board’s obligations under the Education Act and other relevant provincial policy and legislation. The policy must, at minimum, align with the following direction provided in this memorandum:

• All members of the school community must not use personal mobile devices^{footnote 17[17]} during instructional time except under the following circumstances^{footnote 18[18]}:
  • for educational purposes, as directed by an educator^{footnote 19[19]},
  • for health and medical purposes
  • to support special education needs

At minimum the local policy must require that for grades 7 to 12 students’ personal mobile devices are stored out of view and powered off or set to silent mode during instructional time, except when their use is explicitly permitted by the educator under the circumstances outlined above.

• If the educator sees a personal mobile device that is not stored out of view, they must require the device be handed in for the instructional period and the device must be placed, by the student, in a storage area in a location in the classroom designated by the educator.

For students in grade 6 and below, at minimum the local policy must require that students’ personal mobile devices are stored out of view and powered off or set to silent mode through out the full instructional day, except when their use is explicitly permitted by the educator under the circumstances outlined above.

• If an educator sees a personal mobile device that is not stored out of view, they must require the device be handed in for the instructional day and the device must be placed, by the student, in a storage area in a location designated by the principal.

The student is responsible for their personal mobile device, how they use it and the consequences of not following the school board’s policy on personal mobile device use.

If the student does not hand in their personal mobile device when required, they must be sent to the Principal’s office. Principals have discretion under PPM No. 145, Progressive discipline and promoting positive student behaviour, to consider a range of responses to address this behaviour including suspension^{footnote 20[20]}. To support the implementation of the above, the local policy must include:

• An approach to enforcement of the restrictions that includes clear expectations of responsibility for students, educators, principals and superintendents.
• Best practices for educators on classroom management related to responsible use of technology.
• A requirement for schools to have an annual notification sent to parents and students reminding them of the policy, its requirements and consequences for non-compliance.
• A requirement that the expectations and responsibilities under the local policy, the best practices for educators and the annual notifications for parents be shared with all educators and principals.

Restricting Access to Social Media on School Networks

School boards are required to restrict access to all social media platforms on school networks and school devices.

Social media platforms can only be used by students at school for educational purposes, directed by an educator. School boards can determine exception protocols for the use of social media for pedagogical or work-related purposes^{footnote 21[21]}.

Development and Revision of School Board Code of Conduct and Related Policies and Procedures

In developing and reviewing these policies, boards must seek input from:

• students, teachers, principals, other staff of the board, volunteers working in the schools, parents of the students, school councils, and the public.

Boards should also seek input from:

• their Parent Involvement Committee, Special Education Advisory Committee, Indigenous Education Advisory Council^{footnote 22[22]}, social service agencies, mental health agencies and other appropriate community partners.

Reviews of the school board code of conduct policies and procedures should occur at least every three years or more often if necessary.

Reviews must assess the content of both the policies and procedures, ensuring they meet the requirements and expectations laid out in this document.

All communications with parents must be accessible and be made available in English and French and other languages based on the needs of each school community.

Expectations

It is critical that in the implementation of the Code of Conduct and related policies and procedures that the authority and expectations for all parties are understood.

Principals

It is expected that Principals:

• demonstrate care for the school community and a commitment to student achievement and well-being in a safe, inclusive, and accepting learning environment
• hold everyone under their authority accountable for their own behaviour and actions
• empower students to be positive leaders in their school and community
• communicate regularly and meaningfully with all members of their school community
• model the standards of respect, civility and responsible citizenship.

Teachers and other school staff

It is expected that teachers and staff:

• help students work to their full potential and develop their sense of self-worth
• empower students to be positive leaders in their classroom, school, and community
• communicate regularly and meaningfully with parents
• maintain consistent and fair standards of behaviour for all students
• demonstrate respect for one another, all students, parents, volunteers, and other members of the school community
• prepare students for the full responsibilities of citizenship, in particular the skill of respectful communication, both in person and online
• model the standards of respect, civility, and responsible citizenship. This includes modeling appropriate use of personal mobile devices. Educators are not to use personal mobile devices during instructional time, unless explicitly for work-related purposes.

Students

It is expected that students:

• come to school prepared, on time, and ready to learn
• show respect for themselves, and for others, and for those in positions of authority
• refrain from bringing anything to school that may compromise the safety of others
• follow the established rules and take responsibility for their own actions

Parents

It is expected that parents:

• are engaged in their child's schoolwork and progress
• communicate regularly with the school
• help their child be appropriately dressed and prepared for school
• ensure that their child attends school regularly and on time
• promptly report to the school their child's absence or late arrival
• become familiar with the Provincial Code of Conduct, the board's code of conduct, and, if applicable, the school's Code of Conduct
• encourage and assist their child in following the rules of behaviour
• assist school staff in dealing with disciplinary issues involving their child

Community partners

Partnerships with members of the community and community-based service providers should be developed and enhanced. Community-based service providers are resources that boards can use to deliver prevention or intervention programs. These partnerships must respect all applicable collective agreements.

Police

The police play an essential role in making our schools and communities safer. The police investigate incidents in accordance with the protocol developed with the local school board and applicable legislation. These protocols are based on the Provincial Model for a Local Police/School Board Protocol, 2015, developed by the Ministry of the Solicitor General and the Ministry of Education.