Chapter 3

How to Obtain & Review CompLaint and Disciplinary procedures

Legal Framework:

Education is a provincial/territorial responsibility, but all public K–12 school districts must comply with a combination of federal protections, provincial education acts/regulations, and school board policies.

At the federal level, laws like the Canadian Charter of Rights and Freedoms and the Canadian Human Rights Act guarantee fundamental rights to equality, nondiscrimination, and due process. These protections extend to schools, especially regarding harassment, discrimination, and the duty to accommodate students with disabilities or other needs.

At the provincial/territorial level, each jurisdiction has its own Education Act (e.g., Ontario’s Education Act, Alberta’s Education Act, British Columbia’s School Act) and related regulations. These statutes set out requirements for:

  • Student discipline, suspensions, and expulsions.

  • Complaint and appeal processes for parents and students.

  • Teacher and staff conduct, including professional discipline (often under the provincial College of Teachers or equivalent regulatory body).

  • Anti-bullying and safe schools policies (e.g., Ontario’s Accepting Schools Act).
    Inclusive education and special education procedures, aligned with the duty to accommodate under human rights codes.

At the school board/district level, boards are required to adopt policies and administrative procedures (often compiled into “Policy Manuals,” “Administrative Guidelines,” or “Student/Parent Handbooks”). These cover:

  • Complaint and grievance procedures.

  • Codes of conduct for students and employees.

  • Anti-discrimination, anti-harassment, and safe school policies.

  • Discipline procedures and appeal rights.

  • Parent and student rights to participate in planning and policy development.

Parents and guardians are also guaranteed a voice through school councils (mandated under most Education Acts), which advise on school improvement planning, safety, and equity-related policies.

What to ask for:

  • Complaint Procedures (steps for reporting issues with staff, teachers, administrators, or students).

  • Student Code of Conduct (rules, infractions, consequences, and due process protections).

  • Student and Parent Handbooks (outlining policies, complaint procedures, and appeal rights).

  • Employee Discipline and Grievance Policies (teacher conduct, staff discipline, and appeal processes).

  • Anti-Discrimination / Anti-Harassment Policies (including procedures aligned with human rights codes).

  • School Board Policies and Regulations (related to complaints, equity, discipline hearings, and safe schools).

Steps to take:

  1. Start with the official school district/school board website

    • Search for “[Your District/Board Name] School Board” or “[Your District/Board Name] Public Schools.”

    • Look under sections like Policies, Board Policies, Administrative Procedures, Student/Parent Handbook, or Safe Schools.

  2. Review the Student or Parent Handbook

    • These are typically distributed at the start of the school year (in print or online).

    • They include rules, complaint procedures, timelines, appeal mechanisms, and disciplinary consequences.

    • If you don’t have a copy, request one from your child’s school office or download it from the board’s website.

  3. Ask school leadership directly

    • Request copies of the student code of conduct, complaint procedures, and parent/student handbooks from the principal, superintendent, or board office.

  4. Human rights protections

    • If the issue involves discrimination, you can also reference your provincial human rights code (e.g., Ontario Human Rights Code) and file a complaint with the relevant human rights tribunal if necessary.

  5. Accessing public records

    • Policies, codes of conduct, and board procedures are public documents. If not readily provided, you can submit a Freedom of Information (FOI) request under your provincial Freedom of Information and Protection of Privacy Act (FIPPA) or equivalent.

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Chapter 4