The Handbook for School Leaders
A Practical Guide for Principals and Vice-principals
Current Location: Part 0 > Liability and Negligence in Schools > Concepts and Issues: An Overview > Lawsuit
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Table of Contents


Introduction
1. School Leadership for an Inclusive Education System
2. The Handbook for School Leaders: An Overview
3. How to Use The Handbook
4. Advice for New Principals and Vice-principals
Support for School Leaders
1. What to Do When You Need Help
2. When to Call the PST for Assistance
Ask An Expert
1. Introduction
2. Testifying as a Witness
3. Civil Liability (Lawsuits)
4. Custody and Access
Role of the Principal
1. The Principal’s Role as Described by the Ministry of Education
A. OPC Role of Principal – The Provincial Code of Conduct — (November 2008)
B. Delegation of Powers, Duties or Functions
C. OPC Role of Principal – School Councils — (November 2008)
Legal Framework
1. Hierarchical Framework of Authorities: An Overview
A. Federal
B. Provincial
C. District School Boards
D. Individual Schools: Policies, Procedures and Rules
2. Relevant Legislation: Where to Find It
3. Duties of the Principal – Education Act, Section 265
4. Role of the Principal as defined by Statute and Contract
5. Acts, Regulations and Statutes
A. Ontario and Federal
B. Policy and Program Memoranda — Ministry of Education
C. Other Related Materials
D. The Education Act: An Overview
E. Frequently Cited Regulations Made Under the Education Act
F. Regulation 298, Operation of Schools — General: An Overview
6. Discipline, Demotion, Dismissal — What Will Get You In Trouble
A. Employer Discipline (District School Board)
B. Ontario College of Teachers (OCT)
C. Provincial Offences
D. Ontario Human Rights Tribunal of Ontario — (also Employer)
E. Privacy Commission
F. Civil Court (Lawsuits) and Tribunals
Liability and Negligence in Schools
1. First Steps to Reduce Risk
A. Review Board Policies and Procedures
B. Review, Communicate and Monitor School Policies and Procedures
C. Keep Current: Resources
D. Develop the Documentation Habit
E. Encourage Staff to Keep Up-to-Date
2. Concepts and Issues: An Overview
A. Liability
B. Negligence
C. Lawsuit
D. Duty and Standard of Care
E. Risk Management
3. Duty to Provide Adequate Supervision of Pupils
A. The OPC Recommended Supervision Standards for Ontario Schools
4. Liability Insurance
A. What is It?
B. Who is Covered?
C. Conditions on Coverage
5. What to Do When a Claim Arrives
6. Resources
A. OSBIE Risk Management Calendar
B. Seminars and Conferences
C. Publications
Management Skills
1. Managerial Excellence and School Leadership: An Overview
2. Time Management
A. Getting Started
B. Setting Up Your Office
C. Your Filing System
D. Doing the Right Job at the Right Time: More Time Management Tips
E. Managing Your Email
F. Your Office Administrator
3. Delegation
A. Seven Dimensions of Delegation and Related Key Behaviours of Effective Principals
B. Four Delegation Tips
C. Dare to Delegate Checklist
4. Visibility: Management by Walking Around
A. An Overview
B. Planned Visibility: Ten Practical Tips
5. Principal’s Routines
A. A Sample of Principal’s Routines
B. A Sample Elementary School Principal’s Daily Routine
C. A Sample Secondary School Principal’s Daily Routine
6. Overview of School Year
A. Sample Checklists
B. Principal’s Checklist
Public Relations
1. Why is Public Relations Important in School Leadership?
2. Know and Understand Your School Board’s Communications Protocols
3. Create a Compelling Story, Then Share It
Media Relations and Crisis Communications
1. Media Relations
A. Things to Remember About the Media
B. Working With Reporters
C. Pitching a News Story
D. Writing a News Release
E. When Not to be Interviewed
F. There’s a Reporter on Line One – Don’t Panic
G. Create Compelling Key Messages
H. You’re on the Air
2. Crisis Communications
A. What is a Crisis?
B. Before a Crisis Hits
C. When a Crisis Hits
D. Responding to Media During a Crisis
E. In the Days Following a Crisis
Managing Conflict and Difficult People
1. The Conflict Triangle: People, Process, Situation
2. Reacting to Conflict
3. How Do You Respond to Conflict?
4. Conflict Resolution: An Overview
A. Principles of Conflict Resolution
B. Conflict Resolution: A Continuum
C. When to Use Mediation
5. Dealing with Difficult People and Complaints
A. Handling Complaints
B. Useful Responses in Difficult Situations
C. The Power of Silence
6. Relationships with Parents
A. Establishing Relationships
B. Relations With Parents — Options When Reasonableness Fails
C. Dealing with Conflict
Effective Meetings
1. Before the Meeting
A. Considerations
B. Meeting Planning Checklist
C. Sample Meeting Agendas
D. Sample Staff Meeting Template
2. During the Meeting
3. After the Meeting
Records and Information Management
1. Getting Started
2. Confidentiality and Disclosure
A. OSRs and the Courts
B. Confidential Information and the Courts
C. Confidentiality and the Duty to Report
D. Confidentiality and the Occupational Health and Safety Act
3. The Ontario Student Record (OSR)
4. Legislation Regarding Records and Information Management
A. An Overview
B. The Municipal Freedom of Information and Protection of Privacy Act
C. The Child, Youth and Family Services Act 2017 and Information Disclosure
Budget and Resource Management
1. School Budget: An Overview
A. The Education Act
B. Conflict of Interest
2. Local Financial Responsibility: The Principal’s Accountability
A. Purchasing Procedures
B. School Budget
C. Petty Cash/Cash Advance
D. Expense Reimbursement
E. Non-board Funds (Non-public Funds)
F. Audit
G. Insurance
H. Asset Control
I. Transfer of School Principal
3. Board-wide Impact: The Principal’s Role
A. Purchasing Policy
B. Hiring Part-time Staff
C. Contracts
D. Technology
E. Enrolment Reporting
F. Provincial Funding Model
4. Tips Regarding Budget and Resource Management
5. School Budget Cycle (Sample)
6. School Budget Priorities (Checklist)
Technology
1. Getting Started
A. Getting Oriented in Your New School
B. Technology Inventory
C. Further Considerations for Getting Started
2. Technology and School Administration
A. Using the Internet to Assist You with Your Job
3. Technology and the Curriculum
A. The Role of Technology in the Curriculum: An Overview
B. The Ontario Curriculum Unit Planner
C. e-Learning
D. Internet Safety: A List of Websites
E. Use of Copyright-Protected Works for Education
4. Building the School Technology Plan
A. Ten Essential Elements for Developing an Effective Technology Plan
B. Building Your School Technology Plan: A Starting Point
School Councils
1. Preparing to Work with Your School Council
A. Review Current Legislation, Policies and Additional Documentation
B. Gather Further Information
2. Working with the School Council
A. Getting Under Way
B. Considering Other Issues
C. Finding a Focus
D. Soliciting Views of School Council
3. School Councils and the Role of the Principal
A. Roles and Responsibilities of School Council Members: The Principal
B. The School Council’s Role in the Selection and Placement of Principals
4. Effective School Councils
A. Characteristics of Effective School Councils
B. What if Disputes Arise Between Members of the School Council?
C. School Councils and Confidentiality
D. Tips for Successful School Council Meetings
School Activities and Field Trips
1. School Activities and Special Events
A. An Overview
B. School Activities and Field Trips: Getting Started
C. Planning and Organization of a Field Trip or Co-Instructional Program
D. Fundraising
E. Assemblies and Special Events (Daytime)
F. Dances and Special Events (Evenings and Weekends)
2. Field Trips
A. Preparation
B. Authorization
C. Supervision
D. Costs
E. Transportation
Labour Relations, Employment Law and Terms and Conditions of Employment
1. Labour Relations and Contract Negotiation
A. Managing in a Unionized Environment
B. The Management Team
C. Progressive Discipline
D. Performance Appraisal
E. Grievances
F. In the Event of Job Action
2. Basic Principles of Employment Law
3. Workplace Investigation
4. Principal/Vice-Principal as the Respondent
A. Overview
B. Investigation Procedure
C. Interview with the Investigator
5. Terms and Conditions of Employment for Principals and Vice-Principals
A. Overview
B. The Right to Negotiate under the Charter 
C. Good Faith Negotiations 
D. Negotiated Provisions 
The Ontario College of Teachers
1. Investigation of Complaints by the Ontario College of Teachers
A. What to do Do if a Complaint is Made Against You to the College
B. When a Member of the Public Has Concerns About a Teacher
C. Members' Rights During an Investigation
2. Professional Advisories
3. Ethical Standards for the Teaching Profession
4. Standards of Practice for the Teaching Profession
5. Professional Learning Framework for the Teaching Profession
6. Publications and Documents
7. Margaret Wilson Library
Special Education
1. Special Education Legislation and Policy Direction
A. The Education Act on Special Education
B. Special Education Regulations
C. Special Education: Ontario Ministry Documents — Realizing the Promise of Diversity: Equity and Inclusive Education Strategy (2009)
D. Policy/Program Memoranda
E. Resource Documents
F. Related Information
G. Roles and Responsibilities: Principal, Teacher, Special Education Teacher, Parent/Guardian and Student
2. Special Education: Getting Started
A. Board Documents
B. School Based Teams
3. Identification Placement Review Committee (IPRC)
A. An Overview
B. The IPRC Timeline
4. Individual Education Plan (IEP)
A. An Overview
B. The IEP Process: An Overview
5. Human Rights Legislation, Policies and Proceedings
A. Human Rights Code, R.S.O. C.22
B. Guidelines on Accessible Education
C. Human Rights Tribunal of Ontario
6. Learning for All K-12 (Draft Document)
A. Our Shared Beliefs
B. The Breakthrough Systems
C. Instructional Approaches
D. The Tiered Approach
Supervision of Staff Performance and Behaviour
1. Getting Started
A. Definitions and Documents
B. Collective Agreements
2. Supervision of Vice-principals
3. Teacher Performance Appraisal (TPA)
A. Legal Framework
B. Teacher Performance Appraisal Framework (Experienced and New Teacher)
C. Annual Learning Plan (ALP)
D. Experienced Teacher TPA
E. New Teacher Induction Program (NTIP) - Teacher Performance Appraisal
F. A Year-Long Approach to the Teacher Performance Appraisal Process
4. Supervision of Behaviour
A. Progressive Discipline
B. Inappropriate or Unacceptable Behaviour
C. Insubordination
D. Professional Misconduct
E. Dismissal
F. Guidelines for Administrators
Safe and Accepting Schools: Understanding your responsibilities - New
1. What You Need to Know
A. Requirements
B. Progressive Discipline
C. Suspension
D. Expulsion
E. Progressive Discipline/Mitigating Factors Checklist
F. Employee Responsibility to Report and Principal Duty to Investigate
G. Notification of Students Harmed
H. Safe Schools Incident Reporting Form
I. Search and Seizure
J. Event Protocol
K. Police/School Board Protocol
L. Access to School Premises: Regulation 474/00
2. What’s Nice to Know:
A. Ongoing updates to requirements regarding Safe and Accepting Schools.
B. Progressive Discipline Policies
C. Effective Documentation Checklist
D. Codes of Conduct
E. School Attendance
F. Dress Codes
3. Want to Know More?
Protecting Students at Risk
1. Reporting Child Abuse
A. Overview of Duty to Report
B. Allegations of Abuse by a Staff Member
2. Allegations of Discrimination
A. A Principal's Duty
3. Bullying
A. What is Bullying?
B. Prevention of Bullying
C. Bullying Prevention and Intervention: Role of Boards
D. Bullying Prevention and Intervention: Role of Schools
E. Duties of the Principal
F. Suspension and Expulsion for Bullying
4. Cyberbullying
A. An Overview
B. Principal's Role
C. Bullying of Principals — What To Do When It's You
Occupational Health and Safety
1. Duties of the Principal
2. Conducting a School Safety Inspection
3. Developing Occupational Health and Safety Procedures
4. Health and Safety Work Refusal
5. Workplace Violence
6. Resources
Emergency Preparedness
1. Getting Started
2. Preventive Measures
A. Emergency Response Commitee
B. Emergency Response Plan
C. Crisis Communication Response Plan
D. Equipment and Information
E. Evacuations, Lockdowns and Other Emergency Responses
3. Guiding Principles in Emergencies
A. Take Control
B. Call for Emergency Assistance
C. Communicate, Communicate, Communicate
D. Checklist of Immediate Action in Emergencies
E. Emergency Call Sequence - The Eight Steps
F. Principal 911 - Contact Checklist Review
G. Lockdown Procedure Guidelines
4. Follow-up and Evaluation
Student Medical Needs
1. Getting Started
A. Board Policies and Procedures and School Practices
B. Individual Student Needs
C. Prevention Programs
2. Responding to Specific Situations
A. Anaphylaxis: Allergies and Emergency Medical Treatment
B. Sabrina's Law
C. Ryan’s Law-Ensuring Asthma Friendly Schools
D. Administration of Medication to Students
E. Accidents and Injuries
3. Other Health Issues
A. Chronic Illness
B. Smoking
C. Immunization
D. Communicable and Infectious Diseases
4. A Comprehensive School Health Program
A. Social/Medical/Physical Support
B. Preventive Health
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Book Structure Changed Documents

Part 0 — Introduction
Introduction
Support for School Leaders
Ask An Expert
Role of the Principal
Legal Framework
Liability and Negligence in Schools
Management Skills
Public Relations
Media Relations and Crisis Communications
Managing Conflict and Difficult People
Effective Meetings
Records and Information Management
Budget and Resource Management
Technology
School Councils
School Activities and Field Trips
Labour Relations, Employment Law and Terms and Conditions of Employment
The Ontario College of Teachers
Special Education
Supervision of Staff Performance and Behaviour
Safe and Accepting Schools: Understanding your responsibilities - New
Protecting Students at Risk
Occupational Health and Safety
Emergency Preparedness
Student Medical Needs
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Lawsuit Last Updated: 2012-06-15

If an individual feels that they have suffered a loss or harm due to the action or inaction of school personnel, that individual can file a “Statement of Claim” (e.g. poor training, inadequate supervision, breach of statutory duties, failure to follow school board policies).

The claim would be defended by either a lawyer from Ontario School Board Insurance Exchange (OSBIE) or by board counsel. Damages (subject to exclusions such as deliberate, intentional, or criminal acts) would be paid by the insurer.