5015 Safe Schools – Application of Section 177 School Act

POLICY NO.: 5015                                       DATE APPROVED:   08/29/2016

SUBJECT:                 Safe Schools – Application of Section 177 School Act

Policy

The Board of School Trustees for School district No. 60 recognizes the requirement for district schools to provide stable, safe and secure environments in which students and staff may work and learn, and the responsibility of principals to establish discipline policies/procedures for their schools.

Regulations

The principal, vice-principal or board-approved designate will exercise their right as occupants of school premises under the provisions of School Act s.177 Maintenance of Order. Access to school premises during and after school hours will be determined by principals. Schools will prominently display a sign at major entrances directing all visitors to report to the office.

Authorized visitors are required to report their presence to the office and to display district authorized visitor identification while on school board premises. Authorized visitors are entitled to have access only to those areas of the school premises relevant to the purpose of their visit.

An authorized visitor is not allowed to remain on school premises if, in the judgment of the Principal or designate, the person’s presence is considered detrimental to the safety or well being of another person.

Only the principal, vice-principal or board-approved designate shall exercise the rights of the Board as an occupier under the provisions of School Act s.177 Maintenance of Order with respect to an individual determined to be in non-compliance with the policy and regulation.

Definitions

Section 177 of the School Act is intended to prevent the disruption of schools and school functions, and to ensure the protection of students and staff. This section allows the principal or other school administrator to direct a person to leave school property, and prevents the person from returning without prior approval of the principal or administrator. It also enables the principal or administrator to call for assistance from law enforcement if necessary. If a person contravenes this section of the School Act, he or she commits an offence. The purpose of providing this authority to principals and other administrators is to maintain order on school premises and to ensure the protection of students and staff. The full text of section 177 of the School Act is provided below:

Maintenance of order 177

  • A person must not disturb or interrupt the proceedings of a school or an official school function.
  • A person who is directed to leave the land or premises of a school by a principal, vice principal, director of instruction or a person authorized by the board to make that direction
  1. must immediately leave the land and premises, and
  2. must not enter on the land and premises again except with prior approval from the principal, vice principal, director of instruction or a person who is authorized by the board to give that approval.
  • A person who contravenes subsection (1) or (2) commits an offence.
  • A principal, vice principal, or director of instruction of a school or a person authorized by the board may, in order to restore order on school premises, require adequate assistance from a peace officer.

Procedures

  1. Where practicable prior notice of serving a section 177 warning shall be provided to the superintendent, Assistant Superintendent or Secretary Treasurer by a person intending to serve such notice
  2. Where deemed necessary by the administrator or board approved designate additional support shall be requested by call the RCMP or appropriate authorities
  3. Provide a written summary of the incident to the Superintendent’s office. At minimum such reports shall include name of school, date, time, and location of incident or incidents; description of incident or incidents (i.e. what happened, who was involved, etc.: name (and contact information, when possible) of person excluded under section 177; name of principal or person who directed the person to leave school property; length of exclusion; date for review; and name of person completing document.
  4. Where practicable, provide written notice to the excluded person as soon as possible, including reasons for and length of exclusion, date for review, and information about avenues of appeal.
  5. Information gathered and shared within a Section 177 is subject to FIPPA protections

Appeals

  1. Appeals shall be made in writing to the Secretary Treasurer within 30 calendar days of the exclusion being served.
  2. Appeals shall include the relevant details of the incident and provide a response to reasons cited for the exclusion
  3. Appeals will be considered by the Assistant Superintendent or Secretary Treasurer
  4. Appeal decisions shall be conveyed to the applicant in writing within 15 days of the appeal being heard. Reasons supporting the decision shall be provided.

 

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