New N.S. student code of conduct sparks concern among disability advocates
Department of Education says it has plans in place to 'prevent discriminatory application' of the code
When Anna MacQuarrie was reading through Nova Scotia's new school code of conduct, she began to worry about her kids.
Although many welcomed the long-awaited update to the code, she and other disability advocates are concerned it could unintentionally penalize students with disabilities or complex needs.
MacQuarrie said her three kids with disabilities have already faced punishment at school as a result of their complex needs, and she's concerned things will only get worse come September.
"It is soul-destroying to have people say your kid can't be [at school], 'We don't support your kid here,'" said MacQuarrie.
She said her son was suspended when he was in Grade 3 for misbehaving, but she believes he would have never acted out in the first place if proper support and accommodations were in place for him.
"I think there needs to be a lot more collaboration around what are we doing to better understand why a kid might be violating the code of conduct, and how we can address that root cause," she said.
Stephanie Carver, president of Inclusion Nova Scotia, says many students with intellectual disabilities across the province are not having their needs met at school. She said when they don't get proper support, they may act out as a way to communicate that.
But she says the updated code of conduct policy does not take this into account, and instead she and families associated with the organization fear certain students will be punished for behaviours they may not necessarily be able to control.
"They may not have the words or the way of communicating in a way that is deemed appropriate, but externally, they may be seen as causing problems and having inappropriate behaviours," said Carver.
The updated code of conduct policy was released at the end of April, and it will be implemented in time for the new school year in September. The revision was prompted in October 2023 amid growing concerns of rising rates of violence in schools.
Minister of Education Brendan Maguire had said the old version of the policy, which had not been updated in 10 years, "wasn't cutting it." He said the new code of conduct lays out expectations and "firm consequences any time learning is disrupted."
The revised code outlines stronger definitions of what is considered "unacceptable behaviours," for example racism, bullying, sexual assault and physical violence.
It includes guidelines for teachers and administrators regarding disciplinary measures based on the severity of various offences, but also taking into account the student's age and developmental capacity.
Concerns about inclusive education
In a 2024 report on school violence, the province's auditor general found that educators were experiencing challenges implementing practices in line with the province's inclusive education policy.
Autism Nova Scotia often advocates for inclusive education and shares the concerns of Inclusion Nova Scotia regarding the updated code of conduct.
In a recent letter, the organization said it supports the provincial government's efforts to enhance safety in schools, but they too have heard from families who are worried about how stricter disciplinary measures could negatively impact their children.
"An overreliance on punitive approaches, such as suspensions and exclusions, can disproportionately affect Autistic students, racialized learners and those from lower socioeconomic backgrounds," said the letter. "These practices risk unintentionally increasing barriers to education and may undermine the principles outlined in Nova Scotia's Inclusive Education policy."
Department incorporated feedback, committed to inclusion
Krista Higdon, a spokesperson for the Department of Education, said in an email that both Inclusion Nova Scotia and Autism Nova Scotia were among the groups consulted on the code of conduct update.
She said their feedback was incorporated into the policy.
Higdon said school staff responding to unacceptable behaviours "are required to consider several potentially contributing factors, including whether a student requires intensive behavioural supports."
She added that "considerations – including trauma, cultural background, age and stage of development – are intended to ensure responses and consequences are fair and equitable."
But MacQuarrie and Carver are unsure whether these considerations will truly be taken into account.
The new code says plans will be developed for students requiring intensive behavioural support, which could include alternative learning settings, or adapted schedules.
"If we don't find ways in the education system to fully support and help students with intellectual disabilities learn in [a classroom] setting and we're removing them, we're saying to them, 'You don't belong here,'" said Carver.
The Department of Education says it's committed to inclusion and has plans in place to "prevent discriminatory application of the code of conduct."
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