Current Trends and Emerging Issues in Student Discipline: A Ten-Year Review of Part XIII of the Education Act

  • December 14, 2018
  • Andrea Luey

Join the Education Law Section on February 6, 2019 for an informative and stimulating program as part of OBA’s 2019 Institute.


In 2008, substantial amendments to the Education Act came into force and a new regime governing student discipline was created. Most of the 2008 amendments came in Part XIII: Behaviour, Discipline and Safety.

Part XIII and its related regulation (O. Reg 472/07) set out all aspects of student discipline, from identifying the types of conduct that may lead to discipline, to the requirement for administrators to consider mitigating circumstances, to the appeal rights of students.

Some of the amendments, particularly those mandating the consideration of mitigating circumstances, followed directly from a 2007 public settlement between the Ontario Human Rights Commission and the Ministry of Education that responded to the disproportionate impact that the previous discipline provisions were having on racialized students and students with disabilities.