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Chapter 5: Student Safety

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Welcoming, Caring, Respectful and Safe Learning Environments

The Education Act sets out the legal parameters that govern the education of students in Alberta. As such, provision is made to ensure that students may learn in a welcoming, caring, respectful and safe learning environment. Students are entitled to welcoming, caring, respectful and safe learning environments that respect diversity and nurture a sense of belonging and a positive sense of self. Every board has the responsibility to ensure that each student enrolled in a school operated by the board and each staff member employed by the board is provided with a welcoming, caring, respectful and safe learning environment that respects diversity and fosters a sense of belonging.

In keeping with their obligation Boards must establish and implement policies to provide a welcoming, caring, respectful and safe learning environment that includes the establishment of a code of conduct for students that addresses bullying behaviour.


Section 1(1)(D) of the Education Act states that

“bullying” means repeated and hostile or demeaning behaviour by an individual in the school community where the behaviour is intended to cause harm, fear or distress to one or more other individuals in the school community, including psychological harm or harm to an individual’s reputation.

Bullying also includes in Section (1.1) “Without limiting the generality of the definition of “bullying” in subsection (1)(d), bullying includes the distribution of an intimate image of another person knowing that the person depicted in the image did not consent to the distribution, or being reckless as to whether or not that person consented to the distribution.”



In addition, such policies must affirm the rights provided by the Alberta Human Rights and individuals will not be discriminated against as provided for under the same legislation.


Board responsibilities 33(1)

A board, as a partner in education, has the responsibility to

(a) deliver appropriate education programming to meet the needs of all students enrolled in a school operated by the board and to enable their success,

(b) be accountable and provide assurances to students, parents, the community and the Minister for student achievement of learning outcomes,

(c) provide, where appropriate, for the engagement of parents, students, staff and the community, including municipalities and the local business community, in board matters, including the board’s plans and the achievement of goals and targets within those plans,

(d) ensure that each student enrolled in a school operated by the board and each staff member employed by the board is provided with a welcoming, caring, respectful and safe learning environment that respects diversity and fosters a sense of belonging,

(e) provide a continuum of supports and services to students that is consistent with the principles of inclusive education,

(2) A board shall establish, implement and maintain a policy respecting the board’s obligation under subsection (1)(d) to provide a welcoming, caring, respectful and safe learning environment that includes the establishment of a code of conduct for students that addresses bullying behaviour.

(3) A code of conduct established under subsection (2) must

(a) be made publicly available,

(b) be reviewed every year,

(c) be provided to all staff of the board, students of the board and parents of students of the board,

(d) contain the following elements:

(i) a statement of purpose that provides a rationale for the code of conduct, with a focus on welcoming, caring, respectful and safe learning environments;

(ii) one or more statements that address the prohibited grounds of discrimination set out in the Alberta Human Rights Act;

(iii) one or more statements about what is acceptable behaviour and what is unacceptable behaviour, whether or not it occurs within the school building, during the school day or by electronic means;

(iv) one or more statements about the consequences of unacceptable behaviour, which must take account of the student’s age, maturity and individual circumstances, and which must ensure that support is provided for students who are impacted by inappropriate behaviour, as well as for students who engage in inappropriate behaviour,

and

(e) be in accordance with any further requirements established by the Minister by order.



Students, parents, teachers and principals all have a role to play in ensuring a positive learning environment in schools, where individuals are not only free of harassment and intimidation, but feel welcome and respected. The following education act articles speak to their obligations.


Student responsibilities

31 A student, as a partner in education, has the responsibility to

(c) ensure that the student’s conduct contributes to a welcoming, caring, respectful and safe learning environment that respects diversity and fosters a sense of belonging,

(d) respect the rights of others in the school,

(e) refrain from, report and not tolerate bullying or bullying behaviour directed toward others in the school, whether or not it occurs within the school building, during the school day or by electronic means,

(f) comply with the rules of the school and the policies of the board,

(h) be accountable to the student’s teachers and other school staff for the student’s conduct, and

(i) positively contribute to the student’s school and community.

Parent responsibilities

32 A parent has the prior right to choose the kind of education that shall be provided to the parent’s child, and as a partner in education, has the responsibility to

(d) ensure that the parent’s conduct contributes to a welcoming, caring, respectful and safe learning environment,

(f) encourage, foster and advance collaborative, positive and respectful relationships with teachers, principals, other school staff and professionals providing supports and services in the school,

Teacher

196(1) A teacher while providing instruction or supervision must

(f) maintain, under the direction of the principal, order and discipline among the students while they are in the school or on the school grounds and while they are attending or participating in activities sponsored or approved by the board:

Principals

197 A principal of a school must

(a.1) provide a welcoming, caring, respectful and safe learning environment that respects diversity and fosters a sense of belonging,



In addition to the obligations in the Education Act, teachers and principals have an obligation under the Code of Professional Conduct.


In relation to pupils

1 The teacher teaches in a manner that respects the dignity and rights of all persons without prejudice as to race, religious beliefs, colour, gender, sexual orientation, gender identity, gender expression, physical characteristics, disability, marital status, family status, age, ancestry, place of origin, place of residence, socioeconomic background or linguistic background.

4 The teacher treats pupils with dignity and respect and is considerate of their circumstances.



As part of the obligation to provide welcoming, caring, respectful and safe learning environment that respects diversity and fosters a sense of belonging the Education Act provides specific direction to principals as to the establishment of student organisations and activities that are intended to promote welcoming, caring, respectful and safe learning environment that respects diversity and fosters a sense of belonging.


Support for Student Organizations

35.1(1) If one or more students attending a school operated by a board request a staff member employed by the board for support to establish a voluntary student organization, or to lead an activity intended to promote a welcoming, caring, respectful and safe learning environment that respects diversity and fosters a sense of belonging, the principal of the school shall

(a) permit the establishment of the student organization or the holding of the activity at the school, and

(b) designate a staff member to serve as the staff liaison to facilitate the establishment, and the ongoing operation, of the student organization or to assist in organizing the activity.

(2) For the purposes of subsection (1), an organization or activity includes an organization or activity that promotes equality and non-discrimination with respect to, without limitation, race, religious belief, colour, gender, gender identity, gender expression, physical disability, mental disability, family status or sexual orientation, including but not limited to organizations such as gay-straight alliances, diversity clubs, anti-racism clubs and anti-bullying clubs.

(3) The students may select a respectful and inclusive name for the organization, including the name “gay-straight alliance” or “queerstraight alliance”, after consulting with the principal.

(4) The principal shall immediately inform the board and the Minister if no staff member is available to serve as a staff liaison referred to in subsection (1), and if so informed, the Minister shall appoint a responsible adult to work with the requesting students in organizing the activity or to facilitate the establishment, and the ongoing operation, of the student organization at the school.

(5) If a staff member indicates to a principal a willingness to act as a staff liaison under subsection (1),

(a) a principal shall not inform a board or the Minister under subsection (4) that no staff member is available to serve as a staff liaison, and

(b) that staff member shall be deemed to be available to serve as the staff liaison.



Religious and Patriotic Instruction

Under the Education Act, any Board may provide religious and patriotic instruction and exercises to its students. Boards must also provide to parents notice where a course of study, educational program or instructional material, or instruction or exercises, include subject matter that deals primarily and explicitly with religion or human sexuality.  Parents may request in writing that their child be excluded from such instruction or exercises, and upon receiving such a request, teachers must permit the student to leave the classroom or if they remain, not take part in the instruction or exercise.

This section of the act does not apply to incidental or indirect references to religion, religious themes or human sexuality in a course of study, educational program, instruction or exercises or in the use of instructional materials nor does it apply with respect to the establishment or operation of a voluntary student organization referred to in section 35.1 or the organizing or holding of an activity referred to in section 35.1.


Religious and patriotic instruction or exercises

58(1) A board may

(a) prescribe religious instruction to be offered to its students;

(b) prescribe religious exercises for its students;

(c) prescribe patriotic instruction to be offered to its students;

(d) prescribe patriotic exercises for its students;

(e) permit persons other than teachers to provide religious instruction or exercises to its students.

(2) Where a teacher or other person providing religious instruction or exercises or a teacher providing patriotic instruction or exercises receives a written request signed by a parent of a student that the student be excluded from religious instruction or exercises or patriotic instruction or exercises, or both, the teacher or other person shall, in accordance with the request of the parent, permit the student

(a) to leave the classroom or place where the instruction or exercises are taking place for the duration of the instruction or exercises, or

(b) to remain in the classroom or place without taking part in the instruction or exercises.

Notice to Parent

58.1(1) A board shall provide notice to a parent of a student where courses of study, educational programs or instructional materials, or instruction or exercises, include subject-matter that deals primarily and explicitly with religion or human sexuality.

(2) Where a teacher or other person providing instruction, teaching a course of study or educational program or using the instructional materials referred to in subsection (1) receives a written request signed by a parent of a student that the student be excluded from the instruction, course of study, educational program or use of instructional materials, the teacher or other person shall in accordance with the request of the parent permit the student, without academic penalty,


(a) to leave the classroom or place where the instruction, course of study or educational program is taking place or the instructional materials are being used for the duration of the part of the instruction, course of study or educational program, or the use of the instructional materials, that includes the subject-matter referred to in subsection (1), or

(b) to remain in the classroom or place without taking part in the instruction, course of study or educational program or using the instructional materials.

(3) This section does not apply to incidental or indirect references to religion, religious themes or human sexuality in a course of study, educational program, instruction or exercises or in the use of instructional materials.

Non-compliance 58.2(1)

If a board, teacher or other person fails to comply with section 58 or 58.1, that failure to comply is deemed to be a decision that may be appealed in accordance with section 42.

(2) A decision of the board under section 42 with respect to an appeal relating to subsection (1) is final.


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