DISCIPLINE POLICY DRAWS CRITICISM

Safe Schools Act Fuels Concern

Parents Fear For Disabled, Minorities

Rights Watchdog Cites Suspensions

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.