Discipline policy draws criticism --- Safe Schools Act fuels concern

Discipline policy draws criticism --- Safe Schools Act fuels concern
Parents fear for disabled, minorities --- Rights watchdog cites suspensions

THERESA BOYLE
QUEEN'S PARK BUREAU

Parents are complaining that the Conservative government's strict-discipline policy is leading to more suspensions and expulsions among disabled and visible minority students, Ontario's human rights commissioner says.

"One issue that has emerged in our recent consultations was the Safe Schools Act ... and the disproportionate impact it may be having on students with disabilities and certain racial minority students," Keith Norton told a news conference, where he issued his annual report.

No formal complaints have been launched, but concerns have been raised during consultations the Human Rights Commission has recently undertaken on racial profiling and disabilities.

The Safe Schools Act requires that students suffer consequences, such as suspension or expulsion, if they are caught with weapons or caught trafficking drugs.

School boards are required to formulate their own codes of conduct, which are to apply in cases of bullying or swearing. Violations of these codes can include suspension or expulsion. Appeals an be made to boards and to the ministry.

Parents have accused educators of using the act to treat disabled and visible minority students harshly, Norton said.

"Concerns about the Safe Schools Act were also voiced during the commission's racial profiling inquiry where some participants indicated the children and youth from their respective communities are being disproportionately impacted by these stricter measures under the act. This gives rise in their communities as to whether or not there may be an element of racial profiling in the application of that act," he said.

He cited one complaint involving the suspension of a young black student accused by a girl of possessing a weapon. The boy was disciplined by his school after answering the door of his home while carrying a knife.

"The explanation that was given by the parents was that he had in fact been eating and (using) the knife in terms of buttering bread. He just happened to have it in his hand and went to the door," Norton said.

Patrick Nelson, press secretary to Education Minister Elizabeth Witmer, said the school system does not put up with any kind of discrimination.

"Profiling of any kind should not and will not be tolerated in any school in this province," he said.

Norton said allegations about discrimination against the disabled are particularly alarming because students are, in effect, being punished for exhibiting signs of their conditions.

"We learned that some schools were not well equipped to deal with students with disabilities whose disabilities may be manifested in disobedient or disruptive behaviour, and that such students were being suspended or expelled with out due consideration of their right to accommodation," he said.

He cited the example of students with Tourette's syndrome who were expelled for swearing. The neurological disorder is characterized by tics and uncontrollable vocal sounds such as socially inappropriate words and phrases.

"Swearing (is) a common manifestation of this condition and one that is beyond the students' control. Under the (human rights) code, education providers have a legal obligation to accommodate students with disabilities up to the point of undue hardship," Norton said.

He was unable to tell reporters where exactly the violations occurred.

Norton said the commission is looking into the issue of schoolyard discrimination and may go as far as advocating that schools keep race-based statistics so that any such complaints can be monitored.

"But then there may have to be some severe restrictions on how that information is used and specifically set out what it will be used for in terms of determining whether or not profiling is occurring," he said.

Toronto Public School Board suspensions rose 40 per cent in the 2001-02 academic year to 24,238 from 17,371 the previous year. About 150 expulsions were administered by board principals during 2001-02.

The act was first implemented in September, 2001.