Unacceptable student behaviour

• Reference in the Education Act
• Guidelines

Reference in the Education Act

Unacceptable behaviour

1. constitutes refusal to participate in the education programme; or
2. constitutes disobedience of instructions which regulate the conduct of students; or
3. is likely to impede significantly the learning of the other students of that school; or
4. is likely to be detrimental to the health, safety or welfare of the staff or other students of that school; or
5. causes or is likely to cause damage; or
6. is likely to bring that school into disrepute.
   

Guidelines

1. These descriptions are intended to suggest the scope of behaviour that is likely to be unacceptable, but this is not an exhaustive list. There are unacceptable behaviours that do not fit any of these categories but for which a principal may still take disciplinary action.
2. What is unacceptable will depend on the age and year level of the student, the circumstances of the student's behaviour, and the student's previous behavioural history. Ultimately the principal's judgement based on the school's discipline policy, (which will have been approved by the school association) is the deciding factor.
3. What is acceptable and unacceptable in a particular school should be made explicit in the school's discipline policy which is developed and negotiated with the school community. All staff, parents and students should know the school's policy on acceptable and unacceptable behaviour.
4. The school association has an important role in developing school policy on discipline. The school association and individual association members, however, do not have any role or jurisdiction in the application or interpretation of the policy to particular incidents of unacceptable behaviour. This is the role of the principal.
5. The most common cause for complaint from parents and students about the application of disciplinary sanctions is alleged lack of fairness and consistency. A school discipline policy which makes standards of acceptable and unacceptable behaviour explicit helps diminish such concerns. Sanctions should be applied with fairness and consistency.
6. Principals should be aware of any legal issues related to intervention for unacceptable behaviour. A source of information for principals in regard to this can be sought from Senior Advisor (Legal Issues) at legal@education.tas.gov.au
7. "In a State school" includes situations where the student is: involved in school activities; travelling to and from school; and identified with the school by wearing the school's uniform, participating in inter-school events, or otherwise representing the school. (Obviously, it is impossible for a principal to directly control the behaviour of students when they are outside the immediate supervision of school staff, such as when they are on a school bus, when they are involved with volunteer sports coaches or when they are on community-based placements.)
8. A principal does not have 'duty of care' or responsibility for students travelling to and from school. This responsibility rests with the bus operator, the bus driver and the parents of the students. However, if the principal becomes aware that students are in danger whilst travelling to and from school, then the principal should take appropriate action. Where a code of appropriate behaviour by students on buses has been implemented, with procedures for drivers or operators to communicate complaints to parents, discipline sanctions by the school are unlikely to be necessary.
9. Where a principal becomes aware of persistent breaches of that code by a student to the extent that the reputation of the school or the welfare of other students is jeopardised, it is appropriate for the school to intervene with a disciplinary measure commensurate with the offence.
10. Principals may also need to take disciplinary action in circumstances such as the following: when a student harasses a teacher out of school hours; when a student damages school property out of school hours; and when a student's actions out of school hours bring the school into disrepute.
11. The school discipline policy should contain the code of appropriate behaviour that applies when students are outside the school and should state the ways in which that code is to be enforced.