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Fifth Session, Thirty-Ninth 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 or view the online bilingual version (PDF).

Bill 28

THE PUBLIC SCHOOLS AMENDMENT ACT (REPORTING BULLYING AND OTHER HARM)


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           The Public Schools Act is amended by this Act.

2           The following is added after section 47.1 and before the centred heading that follows it:

Reporting to the principal

47.1.1(1)   The following persons must, if they become aware that a pupil of a school may have engaged in unacceptable conduct while at school, at a prescribed school-approved activity or in other prescribed circumstances, report the matter to the principal of the school as soon as reasonably possible:

(a) an employee of a school board, school division or school district;

(b) a person who has care and charge of one or more pupils during the prescribed school-approved activity.

Principal to notify parent or guardian

47.1.1(2)   Subject to the regulations, if the principal believes that a pupil of the school has been harmed as a result of the unacceptable conduct, the principal must, as soon as reasonably possible, notify the pupil's parent or guardian.

Content of notice

47.1.1(3)   When notifying a parent or guardian under subsection (2), the principal must provide the following information:

(a) the nature of the unacceptable conduct that resulted in harm to the pupil;

(b) the nature of the harm to the pupil;

(c) the steps taken to protect the pupil's safety, including the nature of any disciplinary measures taken in response to the unacceptable conduct.

Limitation re personal information

47.1.1(4)   When notifying a parent or guardian under subsection (2), the principal must not disclose the name of or any other identifying or personal information about a pupil who engaged in the unacceptable conduct, except in so far as is necessary to comply with subsection (3).

Additional obligation

47.1.1(5)   An obligation to make a report respecting unacceptable conduct under this section is in addition to, and not in derogation of, the obligation to report unacceptable conduct under any other enactment.

Definition of "unacceptable conduct"

47.1.1(6)   In this section, "unacceptable conduct" means

(a) abusing another pupil physically, sexually or psychologically, verbally, in writing or otherwise; or

(b) repeated or deliberate bullying of another pupil that is of a serious nature, including cyber-bullying as defined in subsection 47.1(2.1).

Regulations

47.1.1(7)   The minister may make regulations

(a) for the purpose of subsection (1), prescribing school-approved activities and circumstances in which engaging in unacceptable conduct must be reported;

(b) governing circumstances in which notice under subsection (2) is not required.

Coming into force

3           This Act comes into force on a day to be fixed by proclamation.

Explanatory Note

Under this Bill, a school employee, or a person in charge of pupils during school-approved activities, must make a report to the principal if they think a pupil has engaged in bullying or other unacceptable conduct.

A principal who believes that a pupil has been harmed by the unacceptable conduct must notify the pupil's parent or guardian.  Exceptions to this requirement may be made by regulation.

Unacceptable conduct is defined to mean abusing another pupil physically, sexually or psychologically and bullying, including cyber-bullying.

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