EXPLANATORY NOTE

The Bill amends the Education Act to require the Minister of Education to establish policies and guidelines with respect to the use of seclusion and physical restraints in schools.

Bill 160 2019

An Act to amend the Education Act with respect to the use of seclusion and physical restraints

Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:

1 Subsection 300 (1) of the Education Act is amended by adding the following definitions:

“physical restraints” means any method of using physical contact to restrict or immobilize a pupil’s freedom of movement, physical activity or normal access to their body; (“contention physique”)

“seclusion” means the involuntary confinement or isolation of a pupil, alone or in a room or area from which the pupil cannot freely exit or is physically prevented from leaving. (“isolement”)

2 Section 301 of the Act is amended by adding the following subsection:

Same, seclusion and physical restraints

(7.4)  The Minister shall establish policies and guidelines with respect to the use of seclusion and physical restraints in schools, which must include,

  (a)  criteria that must be met in order for the use of seclusion or physical restraints to be authorized;

  (b)  mandatory written notification of the parents or guardians of pupils who are subjected to the use of seclusion or physical restraints; and

   (c)  mandatory reporting to the Minister on the use of seclusion and physical restraints in schools.

Commencement

3 This Act comes into force on the day it receives Royal Assent.

Short title

4 The short title of this Act is the Education Amendment Act (Use of Seclusion and Physical Restraints), 2019.