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.
'Expulsion'
is the full-time withdrawal of a student's right to attend a particular State school, on the authority of the Secretary (delegated to the General Manager Learning Services in these guidelines).
Expulsion from one school does not prohibit the enrolrment of the student in another State school. Expulsion is subject to review.
The Secretary has the authority to expel a student. A General Manager Learning Services has this delegated authority. A principal may not expel a student on his or her own authority.
The purpose of expulsion is to:
- signal that the student's behaviour cannot be coped with in a particular school because it seriously interferes with the long-term safety and wellbeing of other students and staff;
- remove the student from an established environment in which severely inappropriate behaviour patterns have become entrenched;
- provide the student with an opportunity for a fresh start in another school, which may prove to be better suited to the student's rehabilitation needs; and
- give an opportunity for respite and relief to a school that has done everything in its power to support the student.
- Expulsion is a very serious action and is likely to have considerable long-term consequences for the student and his or her family. Schools need to be aware of the equity issues applying to the expulsion of some students from schools, particularly students who are likely to be most at risk because of their personal characteristics or background.
- Expulsion signals that the student's behaviour cannot be coped with, despite the best efforts of the school. Expulsion should be applied only as a last resort. The General Manager Learning Services will not normally approve a recommendation for expulsion unless there is evidence that the school has, over an extended period, consistently planned and applied appropriate processes for the student's rehabilitation. (The exception to this is when the student's behaviour has been so extreme, such as the committing of a serious illegal act, that an immediate expulsion is judged to be necessary.)
- Expulsion is not to be seen as simply a means of transferring students causing difficulty in one school to another school.
- Students can be expelled from a particular school only through the procedure outlined in section 6 below. The procedure applies both to students of compulsory school age and to those over it. Students may not be informally asked to withdraw from school. The permission of the Secretary (delegated to the General Manager Learning Services) must first be obtained.
- A principal may not refuse admission to a student of compulsory school age on the grounds that the student has been expelled from another school, whether Government or non-Government - provided that the student meets enrolment criteria. Where a student has been expelled from another school, however, enrolment conditions may be applied (see section 20 (2) of the Education Act). These conditions must be negotiated through Learning Services.
- A parent seeking to enrol a child at another school following expulsion must negotiate the new enrolment through the General Manager Learning Services or his or her nominee. Should the parent approach the new school directly, the principal should refer him or her to the General Manager Learning Services. The Secretary has the right to refuse to enrol a student in an alternative State school if the child has been expelled from another State school (section 20 (3). Parents do not have the right to enrol at any other State school of their choice a child who has been expelled; the selection of the new school is one of the subjects for negotiation between the General Manager Learning Services and the receiving principal.
- Transport arrangements to the selected school are the responsibility of the parents. Conveyance allowance is payable if no other means of transport is available, as the selected school is now deemed to be the nearest 'appropriate' school within the student's 'home area'. Parents are responsible for meeting any of the new school's requirements for school uniform and books.
- Transfer of students from one school to another may be arranged without invoking expulsion, and may prove far more expedient. Transfer is at the discretion of the General Manager Learning Services and the principals involved, and must be negotiated with the student and parents.
- General Managers Learning Services will oversee all expulsion procedures, including the enrolment of expelled students in a new school, and will maintain close liaison with co-ordinating principals as a group to ensure that transfers of difficult students are distributed fairly across the Learning Service.
- Where a General Manager Learning Services believes that a transfer to a school in another Learning Sesrvice is necessary following expulsion, he or she must negotiate the transfer with the appropriate General Manager Learning Services.
- Expulsion should never be portrayed as an automatic consequence of a particular breach of school discipline. Whether it is invoked will depend upon the judgement of the General Manager Learning Services, whose decision will be based upon the evidence available and the particular situation and circumstances of each case.
- Parents have responsibility for their children while they are under expulsion. 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 who has been expelled (by, for example, continuing to send the child to school) principals should inform the General Manager Learning Services, who may organise appropriate intervention.
- If a principal believes that a student should be expelled, he or she should first suspend the student for the maximum period of two weeks, following a similar procedure to the one given earlier for suspension.
- The letter to the student's parents or guardian should:
- state the fact and details of the suspension;
- indicate that the initial period of suspension will be for two weeks, but that expulsion from the school is being recommended;
- indicate the process that is being followed and the appeal and review processes that are available;
- outline the rights and responsibilities of parents for students who are suspended; and
- request a meeting with the student's parents to discuss the process and the reasons for the recommendation.
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 the application for expulsion is lodged, the principal must write to the General Manager Learning Services and indicate that expulsion from the school is being sought. A form letter Application for Expulsion [Word 30KB] is available for this purpose. A copy of the suspension report and of the letter to the student's parents should be attached to the letter to the General Manager Learning Services.
- The General Manager Learning Services (or his or her nominee) will consider the application for expulsion and:
- consult 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
- The General Manager Learning Services may:
- refuse the application for expulsion and direct that the student re-enter the school after the period of expulsion or a period of exclusion, negotiated according to these guidelines;
- accept the recommendation for expulsion and direct that the student be enrolled in another school within the cluster after the period of expulsion or a period of exclusion;
- in exceptional circumstances, accept the recommendation for expulsion and direct that the student be enrolled at Distance Education after the period of expulsion or a period of extended exclusion;
- accept the recommendation for expulsion and direct that the principal organise a flexible educational program for the student;
- accept the recommendation for expulsion and negotiate with the co-ordinating principals for enrolment at a school within that cluster, following the period of expulsion or a period of exclusion; or
- make a recommendation for prohibition from the State school system.
- The General Manager Learning Services will advise the student's parents in writing of his or her decision.
- The General Manager Learning Services will maintain an expulsions data base.
- The student and/or the student's parents or guardian have the right to ask for the student's expulsion to be reviewed and/or revoked.
- Applications for a review of the decision should be made to the Secretary. A form letter Application for Review or Revocation of Expulsion [Word 33KB] is available for this purpose.
- The student and/or the student's parents or guardian may apply to the Secretary for periodic review of the expulsion.
- The Secretary will advise the principal, the student and the student's parents of the result of the review, in writing.
- The student and/or the student's parents or guardian can appeal against the expulsion 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 expulsion processes may be subject to close scrutiny and challenge, demanding a high degree of accuracy and attention to the Education Act and these guidelines.
