Administrative Procedure 358: Exclusion of Students
Legal References
Education Act: Section 265(1)(m) Access to School or Class; Ministry of Education Policy/Program Memorandum (PPM) 145 Progressive Discipline and Promoting Positive Student Behaviour; O. Reg. 472/07: Behaviour, Discipline and Safety of Pupils
Related References
Administrative Procedure (AP) 351 Code of Conduct; AP352 Progressive Discipline and Promoting Positive Student Behaviour; AP353 Student Discipline
The Avon Maitland District School Board believes that effective learning environments must be safe for students, staff and parents. In some cases, the principal may need to prevent individuals from accessing the school or classes to ensure a safe environment and to allow for development of appropriate programming and supports for a student.
Section 265(1)(m) of the Education Act indicates that one of the duties of the Principal is: “subject to an appeal to the board, to refuse to admit to the school or classroom a person whose presence in the school or classroom would in the principal's judgment be detrimental to the physical or mental well-being of the pupils”.
Policy/Program Memorandum 145 stipulates that Section 265 (1) (m) of the Act is not to be used as a disciplinary measure but is a short-term measure to ensure the safety of students, staff and parents in the school.
Exclusion under Section 265(1)(m) is subject to appeal to the board.
1. There are rare times when a student, for a variety of reasons, needs to be excluded from school for a period of time. Principals must carefully and thoughtfully review the past history and current situation in consultation with the School Superintendent. Each case must be considered individually and mitigating circumstances need to be taken into consideration when determining if exclusion should take place.
2. The decision to exclude is a last resort and needs to be made in consultation with the appropriate Superintendent. Usually, the final decision is determined when the safety of the student or safety of others is extremely compromised. However, it is not to be seen as a mechanism to “remove” the student from school without great effort from the administrator, school team and the parents to keep them in school and planning appropriate academic programs.
3. Criteria
A student could be excluded due to a medical condition, a physical condition, a mental health concern or a behavioural concern. Sometimes, the student’s extreme behaviour could indeed be one which we would have the authority to expel.
3.1 Medical Condition: In the case of exclusion due to a medical condition, the community partners are essential when making this determination. The Health Unit may exclude a student from school and notify the school principal that such an action has already been decided (for example, communicable diseases). In other cases, the Health Unit may suspend students under the authorization of the Immunization of School Pupils Act.
3.2 Physical or Mental Health Condition: A physician may provide written notification that the student is unwell and should be excused from attending school while under their care. Some examples of physical conditions or mental health conditions could be chronic diseases, such as cancer or anxiety disorders.
3.3 Behavioural: Extreme behavioural concerns sometimes stem from mental health needs that require a student to be excluded until more information is collected (e.g. a report from a psychiatrist or psychologist in order to plan an educational program that meets the student’s needs).
4. Excluding students based on mental health and/or behaviour conditions is not to be confused with the disciplinary provisions found in Part XIII of the Education Act. Policy/Program Memorandum 145 (Progressive Discipline and Promoting Positive Student Behaviour) stresses the need to build on strategies to maintain student behaviours that are conducive to learning and that do not place anyone in the school at risk. All discipline needs to be corrective yet supportive; the ultimate goal is to help students succeed at school. Principals should consider the differences between exclusion and expulsion, as outlined in Appendix A, at the outset of considerations related to exclusion.
5. When considering exclusion, there must be conditions outlined in the exclusion letter to facilitate the student’s return to school. The conditions need to be reasonable, realistic and in the best interest of the student. In some cases, the conditions can be modified as more information becomes available, for example, a report from a doctor. The team is encouraged to meet frequently to review the status of the conditions. In some cases, the exclusion may overlap the end of one school year and the beginning of another or may begin prior to the start of school.
The Avon Maitland District School Board employs five (5) different types of exclusions:
5.1 Type A: Exclusion relating to the safety of students as a result of an emergency or an incident (or series of incidents) requiring a “pause” to revisit safety plans, staffing, emergency response planning, needs relating to physical space, and/or staff training.
5.2 Type B: Exclusion due to a police investigation where the student’s presence in the school or classroom would, in the Principal’s judgment, be detrimental to the physical or mental well-being of self/others.
5.3 Type C: Exclusion due to a school investigation where the student’s presence in the school or classroom would, in the Principal’s judgment, be detrimental to the physical or mental well-being of self/others. “A student returning from a suspension refuses to follow the behaviour/safety plan put in place to ensure a safe environment.”
5.4 Type D: Exclusion where a student is new to the school, the OSR has not arrived, and there is reason to believe that the student has a violent or aggressive history that would, in the Principal’s judgment and in the absence of a plan being developed and implemented, be detrimental to the physical or mental well-being of self and others.
5.5 Type E: Exclusion where, for medical reasons and in the absence of a plan or other remedies, the student’s presence in the school or classroom would, in the Principal’s judgment, be detrimental to the physical or mental well-being of the student or other students.
All exclusions are temporary, and procedures have been developed to assist principals with managing each circumstance. This Administrative Procedure outlines the expectations and procedures associated with Type A exclusions as identified above.
When a principal considers excluding a student for any reason other than a school discipline investigation or a police investigation, the consultation and decision-making process must include the School Superintendent and the Superintendent of Safe Schools (or their designate). Exclusions for medical reasons require additional consultation with and approval from the Superintendent responsible for Support Services (or their designate).
6. While the student is excluded from school, it does not absolve the school of its responsibility to provide an educational program for that student. Schools consult with the Superintendent of Education to explore options for alternative programming, which could include Home Instruction or e-Learning (secondary).
7. In order to fulfill the conditions as set out on the exclusion letter, the co-operation and partnership of the parent/guardian is critical; the principal is key to making this relationship strong and positive. While the parent/guardian has the option to appeal as noted in the Education Act, the purpose of the exclusion is to have time to appropriately plan the educational program and ensure student safety based on information available. Clear and concise communication is needed to ensure that the team, including the parent/guardian, is moving toward the same goal.
8. Appeals should be made in writing to the Chief Executive Officer or Designate (Superintendent of Education-Support Services).
9. Process for Principals
9.1 Exhaust all of the school-based and community-based resources. While the decision is ultimately the principal’s, the input of information from the school team and extended school team is vital;
9.2 Consult with the Superintendent of Education (Support Services);
9.3 Meet with the parents/guardians to discuss the process, including reasons, conditions of return, the plan, and possible return date;
9.4 Write the exclusion letter and copy it to the recipients as outlined in the letter;
9.5 Provide for instruction. Students being excluded due to physical conditions may require instruction in the home. Carefully determine if the instruction should occur in a public location, such as the public library or a local school. Transportation, if necessary, is the parent/guardian’s responsibility;
9.6 Regularly monitor the status of the conditions as set out in the exclusion letter. Keep the lines of communication open with the parents/guardians. Provide follow-up documentation to parents/guardians, if necessary;
9.7 Plan to have the student return to the school with an appropriate transition plan as determined in consultation with the members of the school team;
9.8 When the conditions have been met, the team will begin the transition back to school. The School Superintendent is to be involved, especially when there is a transition from elementary to secondary school;
9.9 Write the re-entry letter and copy recipients as outlined in the letter; and
9.10 Copies of all documentation and correspondence related to the exclusion should be returned to the OSR's documentation folder.
9.10.1 Documentation that shows the reason for the exclusion.
9.10.2 Documentation of successful notification of exclusion and the response between the school board and the pupil (if the pupil is an adult) or the pupil’s parent or guardian.
9.10.3 Documentation of the plan (signed by the principal) to re-integrate the pupil into the education system.
9.10.4 Documentation of communication with other parties involved with re-engaging the pupil (e.g. social agencies).
9.10.5 Data on the number of students who have been excluded during the school year (including the name of the student, OEN, length of the exclusion, and reason for exclusion).
9.10.2 Documentation of successful notification of exclusion and the response between the school board and the pupil (if the pupil is an adult) or the pupil’s parent or guardian.
9.10.3 Documentation of the plan (signed by the principal) to re-integrate the pupil into the education system.
9.10.4 Documentation of communication with other parties involved with re-engaging the pupil (e.g. social agencies).
9.10.5 Data on the number of students who have been excluded during the school year (including the name of the student, OEN, length of the exclusion, and reason for exclusion).
10. Appeals
10.1 The adult-student or the student’s parent/caregiver may appeal the exclusion. All exclusion appeals will be received by the Chief Executive Officer or designate.
10.2 An appeal of an exclusion does not stay the exclusion.
10.3 A person who intends to appeal an exclusion must give written notice of their intention to appeal the exclusion within ten (10) school days of the commencement of the exclusion.
10.4 An individual who appeals an exclusion may argue that their rights pursuant to the Human Rights Code have been infringed.
10.5 In addition, individuals who believe their rights pursuant to the Human Rights Code have been infringed have a separate right to apply to the Human Rights Tribunal of Ontario.
10.6 The board must hear and/or determine the appeal within fifteen (15) school days of receiving the notice of intention to appeal (unless the parties agree to an extension).
10.7 Upon receipt of written notice of the intention to appeal the exclusion, the Chief Executive Officer or designate:
10.2 An appeal of an exclusion does not stay the exclusion.
10.3 A person who intends to appeal an exclusion must give written notice of their intention to appeal the exclusion within ten (10) school days of the commencement of the exclusion.
10.4 An individual who appeals an exclusion may argue that their rights pursuant to the Human Rights Code have been infringed.
10.5 In addition, individuals who believe their rights pursuant to the Human Rights Code have been infringed have a separate right to apply to the Human Rights Tribunal of Ontario.
10.6 The board must hear and/or determine the appeal within fifteen (15) school days of receiving the notice of intention to appeal (unless the parties agree to an extension).
10.7 Upon receipt of written notice of the intention to appeal the exclusion, the Chief Executive Officer or designate:
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- Will promptly advise the school principal of the appeal;
- Will promptly advise the adult-student or the parent/caregiver that a review of the exclusion will take place and invite the appellant to contact the Chief Executive Officer or designate to discuss any matter respecting the incident and/or appeal of the exclusion;
- Will review the exclusion (reason, duration, and any mitigating or other factors);
- May consult with the principal and School Superintendent regarding modification repeal of the exclusion;
- Will request a meeting with the adult-student or the parent/caregiver and the principal to narrow the issues and try to effect a settlement, and arrange a date for the appeal before the Student Discipline Committee;
- Will, where a settlement is not effected, provide notice of the review decision to the adult-student or parent/caregiver.
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10.8 Where the exclusion is upheld on review and the parent chooses to continue with the appeal, the Chief Executive Officer or designate will:
10.8.1 Coordinate the preparation of a written report for the board. This report will contain at least the following components:
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- A report of the rationale for exclusion and the program currently in place for the student, as prepared by the principal;
- A copy of the original exclusion letter;
- A copy of the letter requesting the Exclusion Appeal; and
- A copy of the Correspondence with respect to the decision of the Chief Executive Officer or designate regarding the exclusion review.
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10.8.2 Inform the adult-student or the parent/caregiver of the date of the Exclusion Appeal, provide a guide to the process for the appeal, a copy of the documentation that will go to Student Discipline Committee and ensure that the item is placed on the committee’s agenda.
10.9 The parties in an appeal to the Student Discipline Committee shall be:
10.9.1 The principal; and,
10.9.2 The adult-student or the parent/caregiver, if they appealed the decision.
10.9.2 The adult-student or the parent/caregiver, if they appealed the decision.
10.10 Exclusion Appeal before the Student Discipline Committee
10.10.1 Exclusion appeals will be heard orally, in camera, by a committee of Trustees. The committee may grant a person with Daily Care authority to make submissions on behalf of the student. An adult-student or student’s parent/caregiver may bring legal counsel, an advocate, or support person with them to the appeal.
10.10.2 The appellant and/or the person with Daily Care will proceed first by making oral submissions and/or providing written submissions regarding the reason for the appeal and the result desired.
10.10.3 The student will be asked to make a statement on their own behalf.
10.10.4 The School Superintendent and/or the principal will make oral submissions on behalf of the administration, including a response to any issues raised in the appellant’s submissions. The Superintendent/principal may rely on the report prepared for the committee.
10.10.5 The appellant may make further submissions addressing issues raised in the Administration’s presentation that were not previously addressed by the appellant.
10.10.6 The committee may ask any party, or the student where appropriate, questions of clarification.
10.10.7 Legal counsel for the board may be present at the appeal if the appellant is represented by legal counsel or agent. The committee may make such orders or give such directions at an appeal, as it considers necessary for the maintenance of order at the appeal.
10.10.8 Should any person disobey or fail to comply with any such order and direction, a Trustee may call for the assistance of a police officer to enforce any such order or direction. Where any party who has received proper notice of the location, date and time of the appeal fails to attend the appeal or comply with the necessary timelines, the appeal may proceed in the absence of the party and the party is not entitled to any further notice of the proceedings.
10.10.3 The student will be asked to make a statement on their own behalf.
10.10.4 The School Superintendent and/or the principal will make oral submissions on behalf of the administration, including a response to any issues raised in the appellant’s submissions. The Superintendent/principal may rely on the report prepared for the committee.
10.10.5 The appellant may make further submissions addressing issues raised in the Administration’s presentation that were not previously addressed by the appellant.
10.10.6 The committee may ask any party, or the student where appropriate, questions of clarification.
10.10.7 Legal counsel for the board may be present at the appeal if the appellant is represented by legal counsel or agent. The committee may make such orders or give such directions at an appeal, as it considers necessary for the maintenance of order at the appeal.
10.10.8 Should any person disobey or fail to comply with any such order and direction, a Trustee may call for the assistance of a police officer to enforce any such order or direction. Where any party who has received proper notice of the location, date and time of the appeal fails to attend the appeal or comply with the necessary timelines, the appeal may proceed in the absence of the party and the party is not entitled to any further notice of the proceedings.
10.10.9 The committee will consider, based on the written and/or oral submissions of both parties, whether the decision to discipline and the discipline imposed were reasonable in the circumstances, and shall either:
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- Confirm the exclusion and its conditions;
- Confirm the exclusion and modify its conditions, as necessary;
- Quash the exclusion; or
- Make such other appropriate order.
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10.11 The decision of the Student Discipline Committee is final. The decision shall be communicated to the appellant in writing.
Appendix A - Differences Between Exclusion and Expulsion (please see pdf)
Revised September 2025