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AP 340

Prohibiting Access to School Property - Maintenance of Order

Background


The safety and security of students and staff is a high priority for the Abbotsford School District. The purpose of this procedure is to ensure the protection of students and staff and prevent disruptions of schools, as outlined in Section 177 of the School Act.

Procedures


1. Principals and other authorized personnel are permitted under this section to direct a person to leave school district property.

2. Persons directed to leave school property under Section 177 of the School Act (see ‘Maintenance of Order’ below for the full text of Section 177) may not return without the prior approval of the principal or other authorized personnel who may call for assistance from law enforcement if necessary.

3. If a person contravenes this section of the School Act, he or she commits an offence.

4. Issuance Guidelines

4.1 Exclusion orders may be issued in circumstances where the school district determines that a person’s actions:

  • 4.1.1 Pose a risk to the safety of students, staff or others in the school community, or
  • 4.1.2 Present significant and serious disruption to the educational programs offered by the school.

4.2 The following are authorized to direct others to leave school / or all district property under this section:

  • 4.2.1 Superintendent
  • 4.2.2 Assistant Superintendent
  • 4.2.3 Secretary-Treasurer
  • 4.2.4 Director/Associate/Assistant Director
  • 4.2.5 District Principal
  • 4.2.6 Principal/Vice Principal or designate

5. Procedures for Issuance

5.1 Any of the individuals authorized above should consult with an Assistant Superintendent or Superintendent before issuing a written exclusion order.

5.2 The administrator should contact the Abbotsford Police Department if necessary (e.g. if the person refuses to leave after being directed to do so or if there is reason to be concerned about a threat from the individual).

5.3 Written notification (using the district template letter) must be provided to the excluded person as soon as possible, including reasons for and length of exclusion, date for review, and information about avenues of appeal.

5.4 All exclusion orders must be reported to the Superintendent, or designate. The school and the district office will maintain a record of all exclusion orders.

5.5 Authorized individuals must document the incident, including the following information:

  • 5.5.1 Name of school
  • 5.5.2 Date, time, and location of incident(s)
  • 5.5.3 Description of incident(s)
  • 5.5.4 Name (and contact information) of person excluded under Section 177.
  • 5.5.5 Name of principal or other administrator who directed the person to leave the school property
  • 5.5.6 Length of exclusion
  • 5.5.7 Date for review (not to exceed one year)
  • 5.5.8 Name of the person completing the document

6. Appeals

6.1 Excluded persons may appeal the exclusion to the immediate supervisor of the administrator who issued the order;

6.2 The appeal must be filed within 30 days from the date indicated on the written notification;

6.3 Appeal decisions and the associated reasons will be communicated in writing within 10 working days of hearing the appeal.

6.4 Should the decision to exclude significantly affect the education, health or safety of a student, an individual may file an appeal under Section 11 of the School Act and Board Policy 14 – Appeals Process.

School Act - Maintenance of Order

177 (1) A person must not disturb or interrupt the proceedings of a school or an official school function.
        (2) 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

  • (a) must immediately leave the land and premises, and
  • (b) 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.

       (3) A person who contravenes subsection (1) or (2) commits an offence.

       (4) 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.

Section 1 of the School Act defines “school” as follows:

“school” means

(a) a body of students that is organized as a unit for educational purposes under the supervision of a principal, vice principal or director of instruction.
(b) the teachers and other staff members associated with the unit, and
(c) the facilities associated with the unit, and includes a Provincial resource program and a distributed learning school operated by a board.

Reference


AP 340-1 Section 177 Exclusion Order District Template Letter

Board Policy 14 ‘Appeals Process’

School Act Section 11

(January 2020)

 

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