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Second Session, Thirty-Eighth Legislature

This version is based on the printed bill that was distributed in the Legislature after First Reading.
It is not the official version.   If accuracy is critical, you can obtain a copy of the printed bill from Statutory Publications.

Bill 30

THE SAFE SCHOOLS CHARTER (VARIOUS ACTS AMENDED)


Explanatory Note

(Assented to                                         )

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:

C.C.S.M. c. P250 amended

1(1)        The Public Schools Act is amended by this section.

1(2)        The following is added after clause 41(1)(b):

(b.1) ensure that each pupil enrolled in a school within the jurisdiction of the school board is provided with a safe and caring school environment that fosters and maintains respectful and responsible behaviours;

(b.2) establish a policy respecting the appropriate use of electronic mail and the Internet at schools;

1(3)        The following is added after section 47:

SAFE SCHOOLS

Codes of conduct and emergency response plans

47.1(1)     The principal of each school must, in consultation with the school's advisory committee prescribed under clause 4(1)(p.1) of The Education Administration Act,

(a) establish a code of conduct for pupils and staff and an emergency response plan for the school; and

(b) review that code of conduct and emergency response plan at least annually.  

Content of code of conduct

47.1(2)     A school's code of conduct must include

(a) a statement that pupils and staff must behave in a respectful manner and comply with the code of conduct;

(b) a statement that the following are unacceptable:

(i) bullying, or abusing physically, sexually, or psychologically – orally, in writing or otherwise — any person,

(ii) discriminating on the basis of any characteristic set out in subsection 9(2) of The Human Rights Code,

(iii) using, possessing or being under the influence of alcohol or illicit drugs at school;

(c) a statement that the following will not be tolerated on school sites:

(i) gang involvement,

(ii) possessing a weapon, as "weapon" is defined in section 2 of the Criminal Code (Canada);

(d) a statement that pupils and staff must adhere to school policies respecting appropriate use of electronic mail and the Internet, including the prohibition of accessing, uploading, downloading or distributing material that the school has determined to be objectionable;

 (e) the disciplinary consequences, in as much detail as is reasonably possible, of violating the code of conduct, and the process for appealing disciplinary decisions;

and meet any other requirements prescribed by regulation under The Education Administration Act.

Content of emergency response plans

47.1(3)     A school's emergency response plan must include

(a) the role of the principal, staff, and counselling and crisis intervention personnel in the event of an emergency; and

(b) procedures for

(i) controlling visitor access to the school site,

(ii) communicating inside and outside the school building in an emergency,

(iii) contacting pupils' parents or guardians in an emergency,

(iv) responding to the threat posed by a person having a weapon on the school site,

(v) dealing with bomb threats, fires, chemical spills and weather-related emergencies, and

(vi) evacuating school buildings and carrying out practice drills;

and meet any other requirements prescribed by regulation under The Education Administration Act.

2           Clause 58.7(a) is replaced with the following:

(a) cooperate fully with the child's teachers and other employees of the school division or school district to ensure the child complies with

(i) school and school division or school district student discipline and behaviour management policies, and

(ii) the school's code of conduct; and

3           Clause 58.10(b) is replaced with the following:

(b) complying with

(i) the student discipline and behaviour management policies of the school and school division or school district, and

(ii) the school's code of conduct; and

C.C.S.M. c. E10 amended

4           The Education Administration Act is amended by adding the following after clause 4(1)(p):

(p.1) respecting the establishment of a committee at each school to advise the principal in developing policies and practices respecting a code of conduct and emergency response plan for the school, and respecting the composition of those committees;

(p.2) respecting the conduct of pupils and staff in schools, including requirements to be contained in a school's code of conduct and emergency response plan in addition to those mentioned in section 47.1 of The Public Schools Act;

(p.3) respecting any other matter related to furthering positive and safe school environments;

Coming into force

5           This Act comes into force on the day it receives royal assent.

Explanatory Note

The Public Schools Act is amended to obligate

  • school boards to provide safe and caring school environments and to establish electronic mail and Internet use policies;
  • schools to establish codes of conduct and emergency response plans, and review them regularly.

The Education Administration Act is amended to permit regulations to be made about positive and safe school environments, codes of conduct and emergency response plans for schools, and the creation of committees to advise principals in preparing those codes and plans.