Whereas the TCDSB does not have a policy regarding refusing to admit special education students and students with complex needs: and
Whereas the TCDSB should not refuse to admit special need students with disabilities on the basis that staff believe they cannot accommodate the student's needs, e.g. due to staff absences; and
Whereas the TCDSB may ask or direct that a student not attend school; or that a student only attend school for part of the regular school day and that the student be removed from school in writing; and
Whereas the TCDSB may excuse students from school who are suspended, expelled or for public health purposes according to legislation; and
Whereas a refusal to admit students should only be imposed when necessary to protect health and safety; and
Whereas indefinite exclusions of students are not in the best interest of students; and
Whereas the TCDSB should set out fair procedures that must be followed when refusing to admit a student.
Therefore be it resolved that the TCDSB establish a comprehensive policy regarding the refusal to admit special education students and those with special needs and disabilities to school; and
Be it further resolved that a refusal to admit policy should depend on the TCDSB ensuring that students excluded from attending school are provided an equivalent educational program; and
Be it further resolved that students should not be excused unless it can be demonstrated that the student presents an imminent risk to health or safety; and
Be it further resolved that the policy include:
Circumstances when a refusal to admit is permitted, and when it is not permitted;Procedures that must be followed when refusing to admit a student;
Timelines dictating the maximum number of consecutive days a student can be excused from school;
An appeal process; and
Data documentation and process for reporting to SEAC and Board.
Be it further resolved that the policy should include where the TCDSB refuses to accommodate students with special education disabilities in regular classrooms without needed supports or services, the principal be required to provide written notice and rationale of this to the family and that the Superintendent be copied; and
Be it further resolved that a refusal to admit policy be referred to the Governance and Policy Committee; and
Be it further resolved that staff prepare a comprehensive report on the implementation of a refusal to report policy.