38 Exclusion and expulsion
(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.
- 'Prohibition' is the permanent full-time withdrawal of a student's right to attend any State school, on the authority of the Secretary. Prohibition is subject to review.
- Prohibition should be understood as permanent, although it may be reviewed and revoked by the Secretary.
- A student who is prohibited is granted exemption from the requirement to attend school, and the Department is not responsible for giving the student any educational provision.
Only the Secretary has the authority to prohibit a student from attending any State school.
The purpose of prohibition is to:
- protect the right of teachers and students to work in a safe environment without being threatened by unduly disruptive or dangerous behaviour from a student;
- signal to the system, the student and the student's parents or guardian that the student's behaviour cannot be coped with in any State school, despite all the measures that have been taken; and
- act as an ultimate sanction for behaviour that cannot be tolerated in a State school system.
- Prohibition is a 'last resort' strategy used only after all consultative strategies have been exhausted. Prohibition may be recommended when the student:
- has acted in a manner which constitutes an unreasonable continued risk to the safety, or well-being of any staff or students at the school;
- has acted illegally or has been found guilty of a serious criminal offence; or
- is violent or potentially violent.
- When prohibition is recommended, the following points should be considered:
- The request must be an immediate response to the last offence, and that offence must be sufficiently documented to stand up in court if challenged. For example, statements from staff and other students should be written and signed. An unwitnessed 'confession' from the student involved is subject to challenge, and is fundamentally weak evidence in any enquiry.
- The last offence must be serious in itself. Less serious offences that constitute 'the last straw' after a series of misdemeanours do not usually constitute grounds for prohibition.
- Usually there must be a record of previous offences and unsuccessful attempts at intervention. The exception is when the offence is so serious that prohibition is the appropriate level of intervention.
- Usually there must be a record of parental involvement in earlier interventions and evidence either of its ineffectiveness or of parental refusal to cooperate.
Prohibition, the most serious step the Department can take in relation to a student, 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 involved in prohibiting a student from attending a school.
Students can be prohibited from attending a State 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 must never be informally asked to withdraw from school. The prior permission of the Secretary must always be sought and obtained.
A principal must refuse to admit and enrol any student who has been prohibited. If the principal is unsure of the student's position, he or she should make inquiries, through Learning Services to the Office of the Secretary. Any parental queries should be referred, in the first instance, to the Learning Services General Manager.
Prohibition should never be portrayed as an automatic consequence of a particular breach of school discipline. Whether it is invoked will dependent upon the judgement of the Secretary, whose decision will be based upon the evidence available and the particular situation and circumstances of each case.
- If a principal believes that a student should be prohibited, 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 facts and details of the request for suspension;
- indicate that the initial period of suspension will be for two weeks, but that prohibition from the school system is being recommended;
- outline 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 of prohibition.
- On the day that the student is suspended, the principal must write to the Secretary, through the Learning Services General Manager, indicating that prohibition from the school system is being sought. An Application for Prohibition form [Word 32KB] 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 Secretary. Copies of the letters and reports to the Secretary should also be sent to the principal.
- The Learning Services General Manager will provide a report to the Secretary. The preparation of this report may require the Learning Services General Manager to:
- 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 Learning Services General Manager will maintain a prohibitions data base.
- Upon receiving the report from the Learning Services General Manager, the Secretary may:
- refuse the application for prohibition and direct that the student re-enter the same school or an alternative school, after the period of suspension or a period of exclusion; or
- prohibit the student from the school system.
- The Secretary will inform the student’s parents, in writing, of his or her decision, with copies to the Learning Services General Manager and the school principal.
- The student and/or the student's parents or guardian have the right to ask for a student's prohibition to be reviewed and/or revoked.
- Applications for a review of the decision should be made to the Secretary, who will determine the process for review. A form letter Application for Review or Revocation of Prohibition [Word 33KB] is available for this purpose.
- The student and/or the student's parents or guardian can appeal against the prohibition process through the Ombudsman.
