Code of Behaviour 17/08/2015 - PowerPoint Presentation

1. Code of Behaviour17/08/20151

2. Code of Behaviour17/08/20152The Board of Management of each recognised school is required to prepare a Code of Behaviour for the pupils at the School. Section 23(i) of the Education (Welfare) Act 2000A Code of Behaviour is essential in promoting positive behaviour among pupils.

3. Code of Behaviour17/08/20153A Board of Management of a school is required to prepare a Code of Behaviour in accordance with ay guidelines issued by the National Education Welfare Board (NEWB) now TUSLA) S.23(3) of WEA 2000The NEWB published Developing a Code of Behaviour Guidelines for Schools in May 2008These are statutory guidelines

4. Code of Behaviour17/08/20154Developing and /or Reviewing/Auditing an existing Code of BehaviourGenuine/organicor Box ticking exerciseSafety, Health and Welfare at Work Act, 2005 – Health and Safety Statements

5. Focus of Code of Behaviour17/08/20155Code is to help to promoteThe school ethos, relationships, policies, practices and procedures that:encourage good behaviour and prevent unacceptable behaviourThe code expresses the:VisionMission andValues of the school The Code is a key tool in helping to support the learning of every student in the School.

6. Content of Code of Behaviour (S23(2) EWA P.3 of Guidelines17/08/20156A Code of Behaviour is to include:The standards of behaviour that shall be observed by each student attending the schoolThe measures (sanctions) that may be taken when a student fails or refuses to observe those standardsThe procedures to be followed before a student may be suspended or expelled from the school concernedThe grounds for removing a suspension imposed on a studentThe procedures to be followed relating to notification of a child’s absence from school.

7. Focus of Code to achieve five objectivesP.3 of Guidelines17/08/20157Code should address:The standards of behaviour expected in the schoolThe plan for promoting good behaviourThe ways in which the school responds to unacceptable behaviourThe plan for implementing the Code of behaviourThe School procedures for the use of suspension and expulsion

8. Auditing/Reviewing an existing Code of Behaviour (Ch.2 – pp.12-20 of Guidelines)17/08/20158Summary of any requirements p.20Undertaking an audit of the codePreparing an action plan, with a timeframe for reviewing and updating the codeImplementation of of the action planProviding staff with time and opportunities to engage in work ono the Code of BehaviourEnsuring that staff, students, parents and other members of the school community are involved in the review and the revision of the Code

9. Benefits of Working together on Audit/Review of existing Code (P.12 of the Guidelines, also P.20)17/08/20159Helps to share a common commitment to the values and ethos of the schoolGives all the partners in the school community a sense of ownership of the code Creates consensus about the kinds of behaviour and relationships that foster learningBuilds a shared understanding of how behaviour affects learningStrengthens positive relationships of respect and trust

10. Reviewing the Code (pp 13-14 – Guidelines)17/08/201510Four elementsDescribe what is happening nowEvaluate how well this is workingExplore and generate options for improvement/developmentMake a plan for implementing agreed proposals

11. Roles and Responsibilities (pp15-16 of Guidelines)17/08/201511List for Patron, Principal, Teachers and other staff members, parents, studentsBoard of ManagementResponsibility for ensuring thatA code of behaviour is prepared in the schoolCode respects the:IdentityEthos, in particularValues andCulture of the schoolOverall responsibility for school policies

12. Principles underpinning an effective Code of Behaviour(Chapter 3/pp.22-23 of Guidelines)17/08/201512Goals to be achieved include:Creating a climate that encourages and reinforces good behaviourCreating a positive and safe environment for teaching and learningEncouraging students to take personal responsibility for their learning and behaviour.

13. Basic Principles (cont’d…) 17/08/201513Basic Principles include that:Code providing clarity for allAffirming that everyone’s behaviour mattersFocusing on promoting good behaviourRecognising that relationships are crucialRecognising educational vulnerabilityAttending to the welfare of studentsAttending to the welfare of staff

14. Understanding Behaviour(Ch. 4 – pp.26-29 of Guidelines – p.29 key requirements)17/08/201514Need for a shared understanding of the factors that influence behaviour Shared understanding among staff membersSharing insights about behaviour with parents, with studentsLearning, relationships and behaviour are inextricably linked Changing behaviourPromoting good behaviour (See Chapter 7)

15. Whole School Approach to the Code of Behaviour (Chapter 5 – pp.32-34 – p.34 key requirements)17/08/201515Using all of the Policies and Practices in the schools to create an ethos that supports good behaviourWhat is Whole School Approach to behaviour?It includes that:Ethos, policies and practice are in harmonyA teamwork approach to behaviourA whole school approach to curriculum and classroom managementAn inclusive and involved school communityA systematic process for planning and reviewing behaviour policies

16. Setting Standards of Behaviour (Ch.6 pp.36-39 of Guidelines – p.39 key requirements)17/08/201516Means for a school to:Provide clarity for students about the school’s high expectations for their behaviourSet goals for studentsServe as a s practical tool for teaching and learningContents and focus of standardsStandards signal:Positive valuesUnacceptable behaviourUsing standards to promote good behaviourModelling the standardsStudents with special educational needs.

17. Promoting good behaviour(Chapter 7: pp42/44)17/08/201517Promoting good behaviour is the goal of the CodeSchool Management and staff should actively foster a schoolEthosPolicies and Practicethat help to promote positive behaviour and prevent inappropriate behaviourStrategies to affirm and promote good behaviourRelationships between students and teachersUse of rewards system - Effective and ineffective use (p.44)

18. Responding to inappropriate behaviour (Ch. 8 of Guidelines – pp.46-55)17/08/201518Balancing needs - Figure 8.1 on page 47A problem solving approach figure 8.2 on page 48Whole School StrategiesLevels of interventionClearly defined roles and responsibilitiesBullying and harassmentUse of SanctionsObjective of a sanction is to help the student to learnGood practice in the use of sanctionsConsistentProportionateappropriate

19. Sanctions (cont’d…17/08/201519School’s duty of careStudents with special educational needsApplying sanctions in response to behaviour that takes place outside school – need for total clarity (See Section 8.7)Key requirements: Responding to inappropriate behaviour – p.55

20. Implementing the Code of Behaviour (Pages 58-64 - Implementing the Code of Behaviour Ch.9 of Guidelines – Key requirements: p.64)17/08/201520Communicating the Code of BehaviourCopy to parents (S.23(4) of EWA 2000Code of as a Public document – (Template for the written Code of Behaviour P.59)Teaching the Code and building students confidenceStudents in transitionSEN studentsMonitoring behaviour in the schoolNotification of a child’s absence from school

21. Suspensions and Expulsions: Legal and procedural requirements (Ch. 10 of Guidelines – pp66-68)17/08/201521The Board of Management must ensure that the school has a policy and procedure in place for the use of suspension and expulsion which are in line with the Guidelinesthat fair procedures are used in suspension and expulsion that the Board of Management and Principal are equipped for their roles in relation to suspension and expulsion

22. Application of Fair Procedures based on the Principles of Natural Justice17/08/201522The Board of Management must ensure that the:Right to be heard andRight to impartialityare understood and applied in relation to both the investigation of the alleged misbehaviour and the process of decision-making

23. Fair Procedure/Right to be heard17/08/201523Right to be heard means the right to know:that the alleged misbehaviour is being investigatedthe details of the allegations being madehow the issue will be decidedthe right to respond to the allegationswhere the possible sanction is of a serious nature, the right to be heard by the decision making body andthe right to ask questions of the other party or witnesses where there is a dispute about the facts

24. Fair Procedures/the right to impartiality17/08/201524The right to impartiality means:The right to absence of bias in the decision-makerThe right to absence of bias in the investigation and decision-making.To absence of bias in the investigationTwo types of bias: Subjective/actualObjective – reasonable apprehension of biasThe right to be heard and impartiality must be applied in practice in the investigation and decision making process

25. Suspension (Ch.11 – pp.70-78 of Guidelines – key requirements for Suspension: p.78)17/08/201525Authority to suspend in a school/college established or maintained by an ETB devolved to the Board of Management by the ETB under S.44(i)(a) of the ETB Act 2013Delegation of the authority to suspend to the Principal should be made by way of formal delegation arrangement

26. Suspension17/08/201526Determining the appropriateness of suspending a studentFactors to be considered before suspending a student (p.72)The nature and seriousness of the behaviourThe context of the behaviourThe impact of the behaviourThe interventions tried to dateWhether suspension is a proportionate responseThe possible impact of suspension

27. Forms of Suspension (Section 11.4 pp.73-74)17/08/201527Immediate suspensionSuspension during a State examination“Automatic” suspensionInappropriate Use of SuspensionPoor academic performancePoor attendance or latenessMinor /breaches of the Code of Behaviour alsoRolling Suspension (repeated or series)Informal or unacknowledged suspension (e.g. being sent home for the day)Open-ended suspension (indefinite period S.29 of 1998 Act)

28. Procedures in respect of suspension: Right to be Heard/Fair Procedures17/08/201528Inform the student and parents, how it will be investigated and that it may result in suspension. Informed by phone, or in writing depending on seriousness of matterWritten notice preferableParents/Student right to respond before a decision is made or any sanction imposedMeeting with student and parentsProcedures in respect of immediate suspension

29. Periods of Suspension (pp. 76-77)17/08/201529Normally not more than three(3) days. Guidance from Board to Principal on circumstances which might warrant a suspension of longer than three daysBoard might authorise the Principal with the approval of the Chairperson of the board to impose a suspension up to five (5) days pending a meeting of the BoardNormally a ceiling of ten (10) days on any one period of suspension

30. Suspension/Right of Appeal17/08/201530Opportunity to appeal a Principal’s decision to suspend to the Board of ManagementOpportunity to appeal decisions to suspend made by the board of management to the Patron (ETB)Student suspended for a cumulative 20 days in the current school year has a right under Section 29, to appeal to the ETB in the first instance (Section 29(9) of the Education Act 1998 and further to the Secretary General of DES, (where appropriate)

31. Implementation of Suspension(pp76-77 and key requirements p.78)17/08/201531Written notification should be issued, specifying:Period of suspensionReasons for suspensionStudy programme (if any)Arrangements for return to schoolAppeal to Board of Management/ETB (as appropriate)After Suspension EndsRe-Integration of studentRecords and reports of investigation and decision-makingReports to Board of Management and NEWB (TUSLA)Review of use of suspension

32. Expulsions (Chapter 12 – pp80-87 of Guidelines: Key requirements: Expulsion p87)17/08/201532Authority to expelIn schools or colleges established or maintained by an ETB the ETB hold the authority to expelAn ETB will normally devolve this authority to the Board of Management of the School or College (S.44(i)(a) of the Education and Training Boards Act, 2013)

33. Expulsion should be a proportionate response to the students behaviour17/08/20153312.2 The Grounds of ExpulsionAutomatic ExpulsionSee for example State (SMULLEN) v DUFFY 1980 and Section 24(5) of the Education (Welfare) Act 2000“right of the BOM to take much reasonable steps as it considers appropriate to ensure that good order and discipline are maintained…”Determining the appropriateness of expelling a student

34. Expulsion cont’d…17/08/201534Factors to consider before proposing to expel a student6 factors listed (p.82 of Guidelines for details)The nature and seriousness of the behaviourThe context of the behaviourThe impact of the behaviourThe interventions tried to dateWhether expulsion is a proportionate responseThe possible impact of the expulsion

35. Expulsion cont’d…17/08/201535See Justice Charleton in City of Waterford VEC and Secretary General of the DES & others. 27th July 2011 (Par 17)Justice Charleton indicated the factors which can be taken into account by a board of management in considering an expulsion… “it is appropriate to focus on:The behaviour of the pupil andThe effect of that behaviour on the schoolThe track record of the pupil up to the point of the precipitating issue or issuesAttempts by the school at diverting, correcting or checking the behaviour The merits of whatever mitigation is offered for the behaviour

36. Procedural Steps (pp83-86) 17/08/201536Procedural Steps (6)of Guidelines where the initial assessment confirms that serious misbehaviour might warrant expulsionA detailed investigation carried out under the direction of the PrincipalA recommendation to the Board of Management by the PrincipalConsideration by the Board of Management of the Principal’s recommendation, and the holding of a hearingBoard of Management deliberations and actions following the hearingConsultations arranged by the Education Welfare Officer (notified by the Board per S.24(i) of the EW Act, 2000)Confirmation of the decision to expel

37. Appeals17/08/201537A parent or a student over eighteen years may appeal a decision to expel under Section 29 of the Education Act, 1998, initially to the ETB in the case of a school/college established or maintained by an ETBWhen the appeal to the ETB is concluded, parents or student over eighteen years may go on appeal to the Secretary General of the Department of the Education and SkillsExpulsions for 2011-2012 yearPrimary – 16Postprimary – 136Source NEWB Report 2011

38. Result of failure to comply with Statutory requirements17/08/201538Where a student is suspended from a recognised school for a period of not less than six days the Principal is required to notify the Educational Welfare Officer in writing immediately (forthwith) s. 21(4) of the ActWhere the Board of Management is of the opinion that a student of the school should be expelled it must notify the educational welfare officer of this opinion and the reasons for the opinion S.24(i) of the ActA student may not be expelled from a school before the passage of 20 school days following the receipt of the notification by the educational welfare officer (S.24(4) of the Act)In the case of Timothy O’Donovan v De La Salle College, Wicklow 2009 (penalty shoot out) [2009] IEHC163 the Principal failed to notify the EWO and the Board did likewise.

39. Result of failure to comply with Statutory requirements17/08/201539The Judge concluded that there was a clear breach by the Board of the requirement to engage with the Educational Welfare Officer as required by Sections 21(4) and 24(i) of the Educational (Welfare) Act 2000 until after the decision to expel Mr O’Donovan had been made by the BoardJudge declared that the decision of the Board to expel the applicant (Mr O’Donovan) and the Appeals Committee to uphold the expulsion were made in breach of his statutory rights and granted an order of certiorari quashing (cancelling) the applicants expulsion on the basis of the breach of that statutory duty.