Exclusion and expulsion
| 38 |
(1) If the principal of a State school is of the opinion that the behaviour of a student justifies a suspension of more than 2 weeks, the principal may refer the matter to the Secretary. |
|
|
(2) The Secretary, if satisfied that the behaviour of a student justifies it, may -
- suspend the student full-time or part-time from attending the school for a period of 2 weeks or less; or
- exclude the student full-time or part-time from attending the school for a period exceeding 2 weeks; or
- expel the student from the school; or
- prohibit the student from enrolling at any State school.
|
|
(3) The Secretary may determine the educational instruction of a student referred to in subsection (2). |
|
(4) The parent of a student or a student may apply to the Secretary for a periodic review of the exclusion, expulsion or prohibition. |
|
(5) The Secretary may revoke any exclusion, expulsion or prohibition if satisfied that the student is willing to behave in an acceptable manner. |
'Exclusion'
is the temporary full-time or part-time withdrawal of a student's right to attend school for a period of greater than two weeks, on the authority of the Secretary (delegated to the Learning Services General Manager in these guidelines). Exclusion is subject to review.
Although there is no time limit on exclusions, the period should generally not exceed one school term. If the principal believes that the student's behaviour warrants a longer period of exclusion from school, the principal may consider an application for expulsion.
Under the Education Act, the Secretary has the authority to exclude a student. A Learning Services General Manager has this delegated authority. A principal may not exclude a student on his or her own authority.
The purpose of exclusion is to:
- signal that the student's behaviour is not acceptable and cannot be managed within the school community without further consultation with the system and drawing on system resources;
- allow an extended 'time-out' period for the student, as well as time for the school to muster school and/or cluster resources and set in motion a plan for rehabilitation;
- establish a negotiated process for the student's re-entry to the school, based on the student's achieving some explicit goals related to improved behaviour;
- ensure that the student's parents are aware of the seriousness of the student's unacceptable behaviour and are involved in the process of negotiation for re-entry;
- protect the right of teachers and staff to work in a safe and professional environment and the right of other students to learn without being unduly disrupted or put at risk; and
- ensure that the system is aware of the seriousness of the problem and of the need to provide support and advice beyond the resources of the school.
- Exclusion, like suspension, should be seen as part of a plan to change the behaviour of a particular student. Furthermore, again like suspension, it should be used in the context of a school discipline policy which takes a supportive, problem-solving stance rather than a punitive one. Exclusion is recommended when:
- the seriousness of the behaviour poses a risk to the safety of other students. Re-entry therefore requires substantial planning;
- more time is required to plan an appropriate flexible program for the student, using cluster resources;
- the school requires a substantial period of 'time-out' from the student; and
- a more substantial break from the school is needed to break an established behaviour pattern or contact with individuals or a peer group.
Exclusion signals that the student's behaviour is serious enough to require the application of strategies developed between the school and the cluster.
- Parents have responsibility for their children while they are under exclusion. Parents need to know that their child may not attend school and that they have a responsibility to provide appropriate supervision. In a situation where parents refuse to accept responsibility for their child during exclusion (by, for example, continuing to send the child to school) principals should inform the Learning Services General Manager, who may organise appropriate cluster intervention.
- Re-admission procedures should be formally stated in the school's discipline policy, and should reinforce the seriousness of exclusion.
- If a principal believes that a student should be excluded, the student should first be suspended for the maximum period of two weeks, following a similar procedure to the one given earlier for suspension. This period of suspension will allow time for a thorough investigation to be done and a decision to be made about further exclusion.
- The letter to the student's parents or guardian should:
- state the facts and details of the suspension, including the dates;
- indicate that the initial period of suspension will be for two weeks, and state the additional period of exclusion that is being considered;
- indicate the process that is being followed and the review processes that are available;
- outline the responsibility of parents for students who are under suspension; and
- request a parental conference at the school. (A parental conference cannot be considered to be, or represented to be, a prerequisite for the student's readmission to school, and it should not influence the length of the suspension. The school's discipline policy should make it clear, however, that a parental conference is a normal part of the procedure for suspension and re-admission, and that it is expected parents will attend.)
Note: This suspension is not entered into the Suspensions Information Management System (SIMS) and therefore a letter is not electronically generated from this system.
- On the day that the suspension takes place, the principal should write to the Learning Services General Manager and indicate that a period of exclusion is being sought. (Principals may use the Application for Exclusion [Word 33KB] drafted for this purpose, if they wish. Exclusion must be for a stipulated period. Open-ended or indefinite exclusions are neither desirable nor legally possible under the Education Act.) A copy of the suspension report and of the letter to the students parents should be attached to the letter to the Learning Services General Manager.
- The initial parental conference should be held as described in the procedure for suspension (see paragraphs 6.3 to 6.5 on pages 14 and 15). It may be expedient to liaise with the Learning Services General Manager about this conference, so that Learning Services involvement can be arranged when appropriate. If a second parental conference proves necessary, it may be preferable for the Learning Services General Manager to organise it.
- The Learning Services General Manager (or his or her nominee) will:
- negotiate the student's re-entry with the principal;
- provide an opportunity for the student and the student's parents to be consulted;
- provide a forum of teachers, support staff, officers from other agencies etc. for wider discussion; and
- Before the end of the second week of the student's suspension, the Learning Services General Manager will inform the parents in writing of a period of exclusion for the student in addition to the current period of suspension, or that the student should return to school at the end of the current suspension.
- The Learning Services General Manager will maintain an exclusions data base. The Learning Sservices General Manager may ask for details of exclusions for purposes of Learning Service and State-wide monitoring and reference.
- The Learning Services General Manager may determine the educational instruction that will take place while a student is being excluded. The Learning Services General Manager may negotiate with the principal over the school's capacity to set work for the student, or the cluster support team may devise an educational program for the student, calling upon support available in the cluster.
- The principal will conduct an interview with the student and the student's parents in the final week of the period of exclusion to negotiate re-entry to the school, using support staff as appropriate.
- The student and/or the student's parents or guardian have the right to ask the Learning Services General Manager to review and revoke the exclusion.
- Applications for a review should be addressed in writing to the Learning Services General Manager. An Application for Review or Revocation of Exclusion[Word 33KB] is available for this purpose.
- A student's exclusion will not be reviewed more than once a month. A decision on the review will be provided within five school days of when the Learning Services General Manager receives the application for review.
- Upon receiving an application for review, the Learning Services General Manager (or his or her nominee) will consult with the principal and may, where appropriate:
- provide an opportunity for the student and the student's parents to be consulted;
- provide a forum of teachers, support staff, officers from other agencies etc. for wider discussion; and
- The Learning Services General Manager will advise the student and the student's parents of the result of the review, in writing. with copies to the principal.
- The student and/or the student's parents or guardian can appeal against the exclusion process (or any part of it) through the Ombudsman. Such appeals are a right which some parents and senior students can be expected to pursue. This reinforces the fact that exclusion processes can be subject to close scrutiny and challenge, demanding a high degree of accuracy and attention to the Education Act and these guidelines.
- Principals should be aware that all documentation surrounding a suspension may be obtained by the child's parents under the Freedom of Information Act.
