In Ontario, the Education Act, along with other regulations and policies, set out the education rights of students, parents and guardians. These include the right to appeal school discipline decisions such as expulsion (usually, this means being kicked out for the rest of the year):
- The principal can exclude you from a school if he or she believes that you have a serious contagious disease, or that your presence at school is harmful to the other students.
- There are two types of expulsions:
- from your school only, in which case you have a right be assigned to another school;
- from all the schools in your school board area, in which case you have a right to be assigned to a program for expelled students.
- In most cases, you will be suspended before being expelled.
- You have a right to be informed of an expulsion decision within timelines set out by law.
- A principal cannot expel you, but he or she can recommend that the school board expel you at an expulsion hearing.
- The principal must consider any special circumstances in your favour before deciding to suspend you or recommend expulsion.
- You have a right to receive notice of the date of an expulsion hearing and information about the hearing.
- The expulsion hearing must be held within 20 days of the beginning of your suspension, unless you agree to have it heard later.
- You have a right to appeal expulsions made or upheld by your school board to the Child and Family Services Review Board.
- If you are expelled, you should take it very seriously and get legal advice.
- If you are facing discipline proceedings at a university (e.g. academic offences and student code of conduct offences) and you go to York University, University of Toronto, University of Windsor or University of Western Ontario, you may be able to get assistance from a law student at a legal clinic run by a Student Legal Aid Service Society (SLASS) at your school. Please contact your school’s legal clinic for assistance.
- Decide if your legal problem relates to being expelled from school.
- Read Frequently Asked Questions (FAQs) to learn more about being expelled from school.
- Follow the Steps for instructions on how to appeal an expulsion.
- Review the Resources to find new and in-depth legal information about education issues.
- See the Links for news and other helpful websites.