Part 3 — Responsibilities and Dispute Resolution Division 1 Responsibilities
37 Expulsion
principal may recommend, prior to the end of the student's
suspension, that the board expel the student if
(a) the student has displayed an attitude of wilful, blatant and
repeated refusal to comply with section 31,
(b) the student has displayed an attitude of wilful, blatant and
repeated refusal to comply with the code of conduct
established under section 33(2),
(c) the student's conduct, whether or not the conduct occurs
within the school building or during the school day, is
injurious to the physical or mental well-being of others in
the school, or
(d) the student has distribut ed an intimate image of another
person in the circumstances described in section 1(1.1).
(2) If the principal recommends expulsion under subsection (1),
the principal shall
(a) immediately inform the board of the recommendation for
expulsion, and
(b) report in writing to the board all the circumstances
respecting the suspension and the principal's
recommendation for expulsion,
and the student remains suspended until the board has made a
decision under subsection (4).
(3) The student and the student's parent may make representations
to the board with respect to the principal's recommendation to
expel the student.
(4) The board shall, within 10 school days after the initial date of
the suspension, make a decision
(a) to return the student to school, class, a course or courses,
transportation provided under section 59 or a school-related
activity, or
(b) to expel the student.
(5) The board may expel a student under subsection (4) only if the
principal has recommended that the board expel the student.
(6) If a student is expelled under this section, the expulsion takes
effect immediately following the board's decision under subsection
(4)(b).
(7) The board may establish rules or conditions for an expelled
student respecting the circumstances in which the student may be
enrolled in the same or a different education program.
(8) An expulsion or any rule or condition under subsection (7) may
apply to a student beyond the school year in which the student was
expelled.
(9) When a student is expelled under this section, the board shall
immediately notify, in writing, the student's parent, and the student
if the student is 16 years of age or older,
(a) of the expulsion and any rules or conditions that apply to the
student, and
(b) of the right to request a review under section 43.
(10) When a student is expelled under this section, the board shall
(a) ensure that the student is provided with a supervised
education program consistent with the requirements of this
Act and the regulations,
(b) ensure that the student is provided with supports and
services in accordance with section 33(1)(e), and
(c) make all reasonable efforts to ensure the attendance of the
student in accordance with section 7.
2012 cE-0.3 s37;2017 cP-26.9 s11;2019 c7 s12