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Considering Mitigating Circumstances and Other Factors
▪ Boards and schools are required to take into account a variety of mitigating circumstances and other factors when making decisions about whether a particular behaviour calls for suspension or expulsion. It is recommended that boards and schools also consider mitigating circumstances and other factors in responding
to less severe cases. This recommendation is consistent with the premise of this document – that responding constructively to behaviour issues requires a compre- hensive effort to understand the challenges students face.
The checklist in Figure 14 identifies the types of circumstances and factors that boards and schools should consider in making disciplinary decisions, with a particular focus on the circumstances of students with special education needs.
Some but not all students with special education needs will have an Individual Education Plan (IEP). Boards and schools need to ensure that their progressive discipline policies and procedures provide for both groups – those students with special education needs who have an IEP and those who do not. Figure 15 identifies procedures that might be part of a progressive discipline approach for students with special education needs. The list is not intended to be comprehensive.
Where the nature and severity of student behaviour point to the need for suspension, consideration of mitigating circumstances and other factors is mandatory. If a decision in favour of suspension is ultimately made, mitigating circumstances and other factors must also be taken into account in determining the duration of the suspension. Figure 16 shows the stages in a suspension process.
Opportunities must be made available for a suspended or expelled student to continue his or her education. Boards should consult Policy/Program Memorandum No. 141, “School Board Programs for Students on Long-term Suspension”, and Policy/ Program Memorandum No. 142, “School Board Programs for Expelled Students”, for guidance on providing educational opportunities for students who have been suspended or expelled (Ministry of Education, 2007d and 2007c).
Caring and Safe Schools
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