Page 4 - Professional Advisory Safety in Learning Environments: A Shared Responsibility

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Professional Advisory
Educational context
In its 2008 report, Shaping a culture of respect in our schools: promoting safe and healthy relationships, a Ministry of Education Safe Schools Action Team said, “There is a direct link between success in school and the school environment in which student learning
takes place. Students are more able and more motivated to do well and achieve their full potential in schools that have a positive school climate and in which they feel safe and supported.”
The responsibility of Ontario Certified Teachers with respect to student safety arises from sources such as statutes, regulations, board or employer policies, additional qualification courses, professional workplace standards and common law. OCTs are
also well served with information from
the Ministry of Education, the Ministry of Labour, their professional associations and federations.
Ontario’s Education Act, including amendments introduced through the Safe Schools Act, the Education Amendment Act (Progressive Discipline and School Safety Act), the Accepting Schools Act, and the Provincial Code of Conduct sets out teachers’ legal obligations with respect to their students’ safety. In addition, Regulation 298, made under the Education Act, and the Professional Misconduct Regulation (437/97), made
under the Ontario College of Teachers Act, impose obligations on school administrators and teachers with respect to classroom assignments and student safety. The Ministry of Education has published relevant and helpful policy and program memorandums about promoting positive student behaviour, bullying prevention and intervention, safe arrivals, reporting violent incidents and developing and implementing equity and inclusive education. Relevant legislation and
regulations can be found on the College’s website at www.oct.ca and on the Ontario government’s website at www.edu.gov.on.ca and www.e-laws.gov.on.ca.
In the Accepting Schools Act, for example, schools and school boards are legally obligated to prevent bullying, which includes cyber- bullying, by taking preventative measures, issuing tougher consequences, and supporting students who want to promote understanding and respect for all.
In specialized program areas such as
those in technological education, OCTs’ responsibilities with respect to student safety may extend beyond those mentioned above. In many cases, members need specific qualifications to teach particular curriculum content and therefore must abide by specific legislation, regulations and bylaws.
Given their unique circumstances, principals and occasional teachers need to know their responsibilities to inform and be informed about students’ special needs related to safety.
Legal implications
There are many other examples of relevant legislation, policies, standards and guidelines that are subject-specific governing the responsibilities of OCTs regarding student safety. These include the Child and Family Services Act and the Occupational Health
and Safety Act. For example, under the Child and Family Services Act, OCTs are obligated to report any suspicions to a children’s aid society that a child is or may be in need of protection. The obligation to report directly is on the individual — they cannot rely on another person to report on their behalf.