Unintended Consequences of Provincial Code of Conduct a Concern for Students with Disabilities.

Inclusion Nova Scotia supports creating safer and more welcoming learning environments and acknowledges the important role of a robust Code of Conduct in achieving this goal. However, in speaking with families, we are deeply concerned about the unintentional consequences these changes may have on students with disabilities and other historically marginalized groups.

For students with disabilities, the success of the Code of Conduct is directly linked to the success of the provincial Inclusive Education Policy. Families report that there is a critical lack of consistent and effective support for people with intellectual disabilities, including a failure to implement robust planning, support protocols and training for the school community. The Province is responsible for the effective implementation of the Inclusive Education Policy, including providing adequate funding to the school system for supports, proactive interventions and resources for prevention. Stephanie Carver, President of Inclusion Nova Scotia, expressed: "The Inclusive Education Policy and these foundational inclusive practices are essential in ensuring students with disabilities are successful at school. Proactive, individualized supports are the best way to reduce occurrences of unacceptable behaviour."

Punitive disciplinary frameworks have disproportionately affected students from equity-deserving communities. For families of children with intellectual disabilities, there is concern that the focus on Alternative Learning Environments and Adapted Schedules may inadvertently result in students with disabilities, in particular those with challenging behaviours, being excluded from school.

"Instead of saying all children belong in school and that we as a school community can support all students, the Code of Conduct and its accompanying guide reinforces outdated notions that for some kids, school is not for them."  Thivjan Tharmaratnam, Executive Director, Inclusion NS.

Inclusion Nova Scotia has worked actively to engage the Government in bringing forward our concerns about this policy and its impact on families. We are pleased to see the recognition of this effort in some of the suggested responses included in the Guide and value the Guide's recognition that all behaviours are a form of communication. We will continue to encourage the Government to make this recognition a foundational theme in the policy to ensure all students are better supported and that the Code of Conduct is aligned with the Provincial Inclusive Education Policy.

Behaviour does not happen in a vacuum, and we would like to see the department make efforts to support and prevent acts of violence proactively and better assess the factors leading to these actions. There is a risk that for students with disabilities, challenging behaviours often reflect unmet communication or support needs. We want clear guidance for educators to distinguish intent and better explore how behaviour is a mechanism for communication. We would like to see an implementation strategy, partnering with families and students, to support educators in determining the intent and why of the behaviour. Without this, students with a disability may be punished for unintentional actions outside their control.

"Parents of a child with a disability worry that these changes will encourage punishment and exclusion over support, leading to their child being further excluded from learning and belonging in schools alongside their peers." Stephanie Carver, President, Inclusion NS.

We urge the Department of Education and Early Childhood Development to:

• Ensure robust training for all school staff on trauma-informed, culturally responsive, and disability-inclusive approaches;

• Provide clear safeguards and accounting to prevent discriminatory application of the Code;

• Enhanced awareness and education of the policy to families to ensure proper application of the policy,  

• Engage with students, families, and advocacy organizations to monitor impacts and make necessary adjustments.

True safety and inclusion of all students require more than discipline — they need understanding, support, and the commitment to uphold every student's right to belong.

Inclusion Nova Scotia is committed to working with the Department of Education to address the concerns of students and families. If you need support or have questions, please email inform@inclusionns.ca.