The Department

Enrolment in compulsory education

1. Enrolment in compulsory education

1.1 Legal requirements

All children who are at least 5 years of age as at 1 January in any year must be enrolled in a school or be provided with home education until the end of the year in which they turn 16 unless exempted or excused in accordance with the Act. (Education Act 1994 Section 4)
From the age of 16 all young people are required to participate in a full-time eligible education or training option for at least one year. (Youth Participation in Education and Training Act 2005 (Guaranteeing Futures), Section 3)
Upon enrolment the school principal must request a birth certificate or extract of birth. (Section 4, Education Act 1994)
The school is advised to retain a copy of the birth certificate or other evidence of the student's identity.
Until a parent provides the required evidence of identity, the student is not considered to be legally enrolled.
If there is any doubt about the parent's guardianship or care and control of the child, the principal should ask for evidence of their status in this regard including any court orders. (Section 4 (5), Education Act 1994)

1.2 Enrolment Principles

A school-aged child is entitled to enrol at his or her home area school, or another school which does not already have its maximum number of students.
A principal cannot refuse the enrolment of a school-aged child at a school other than his or her home area school unless the school has its maximum number of students.
If the principal believes that there are reasons not to enrol the student, or for making the enrolment conditional (such as upon the availability of appropriate support or resources), he or she should contact the Learning Services General Manager.
If a school-aged child has been expelled, re-enrolment at another school or college must be organised through the Learning Services General Manager.
The Learning Services General Manager can direct that the principal accept the enrolment of any school-aged child if the child has not been prohibited from attending a State school.
If the principal believes that the school is unable to provide appropriate and safe support for a student with health care needs, the principal should not enrol the student before consulting with the Learning Services General Manager, as outlined in the guidelines on students with health care needs.
Principals should adhere to the policy on inclusion of students with disabilities in regular schools. This policy makes it clear that enrolling a student with a disability at his or her local school is the preferred option and that principals need to discuss with their Learning Services General Manager the school's capacity to cater for such a student.

1.3 Exemption from enrolment

A school-age child or class of children may be granted exemption from enrolment to enable them to leave school before the end of the year in which they turn 16 if it is in the best interests of the child's/class of children's education for this to happen.
Exemption from enrolment may be appropriate when:

it is a condition for enrolment in an educational or vocational program being offered outside the Department of Education, for example, the enrolment of 15 year old students in the Polytechnic or Academy (see point 1.4)
a student has long-term prospects of stable employment
the health status of the student is impacting on their capacity to participate in schooling
exceptional circumstances dictate that the student is unable to participate in schooling
circumstances dictate that the student would benefit from delayed entry into full time school (Prep). See Section 1.5.5.

Exemption from enrolments should not be used

as a disciplinary action
for family reasons such as the need for the student to look after family members, help in a family business or maintain the family home
because a student is pregnant.

Exemption from enrolment is granted by the Secretary.
The Secretary may impose any conditions on an exemption which he or she deems appropriate. For example:

The exemption might be conditional on the student having full-time employment. If the employment were terminated, the student would be obliged to return to school or to an approved educational alternative
The exemption might be conditional on regular receipt of medical certificates or regular reviews of the child's circumstances.

Exemptions from enrolment can be revoked, or other conditions can be added, at any time.
Until a certificate of exemption from enrolment has been issued, students should not be advised that they have received an exemption.
Exemption from enrolment for students in State care should only be granted after very careful consideration of the child's circumstances and in close consultation with all the people involved in making decisions affecting the child (e.g. carers, social workers, psychologists, natural parents, youth justice workers, Children and Family Services, and advocates).
Exemption from enrolment for students who are independent, living away from home and without the care of a parent/guardian/person with care and control should only be granted after very careful consideration of the child's circumstances. It is appropriate to expect the student to accept the legislative requirements of compulsory education. However, students in these circumstances may sign their own application for exemption from enrolment.
The Learning Services General Manager will maintain an exemptions data base.

1.4 Class exemption from enrolment for school-age students enrolling in the Tasmanian Polytechnic and/or the Tasmanian Academy

A current class exemption from enrolment exists for all children who have completed Year 10 but are still school-aged, within the meaning of the Education Act 1994, in the year following year 10, and are enrolling full-time in the Academy or Polytechnic or both.
These students must be able to provide evidence of completion of Year 10 by way of either a certificate of completion or of an end-of-year school report.

1.5 Procedures for applying for exemption from enrolment

1.5.1 When a parent/guardian/person with care and control applies to exempt a child from enrolment

Parents should complete an Application for Exemption from Enrolment form, which should be submitted to the school principal.
The school principal should investigate the application.
The investigation may include:
o consultation with the student (where student has capacity) and the student's parents;
o a wider discussion with all stakeholders; and
o additional information from Learning Services support staff.
Feasible alternatives need to have been explored prior to application.
A school social worker must provide a report as part of the application and liaise with government agencies as required.
The principal should send to the Learning Services General Manager the parent's application for the child's exemption, together with his or her report and recommendation for either acceptance or rejection of the application.

As delegated, the Learning Services General Manager may make any further investigation that he or she considers appropriate and will then either:
grant the exemption, subject to any conditions; or
refuse the application for exemption with reason.

When an exemption is granted, the Learning Services General Manager will forward to the child's parents a Cer tificate of Exemption from Enrolment which will state the period of exemption and any conditions. A copy of the certificate will be sent to the principal and the relevant Senior Social Worker.
The Learning Services General Manager will include the student's exemption details on the Learning Service's exemptions database.

1.5.2 When the school or Learning Service initiates an application for exemption from enrolment

A principal or member of the Learning Services support staff should apply to the Learning Services General Manager using an Application for Exemption from Enrolment form.
The application should be signed by the student's parents and must document reasons for the request. The report may include evidence from:

the student's parent(s), obtained from consultation; and
members of the support staff.

A school social worker must provide a report as part of the application and liaise with government agencies as required.
The principal must explore all feasible alternatives.
The Learning Services General Manager may make any further investigation that he or she believes to be appropriate and will then either:

grant the exemption subject to any conditions; or
refuse the application for exemption.

When an exemption is granted, the Learning Services General Manager will forward to the child's parents a certificate of exemption from enrolment which will state the period of exemption and any conditions. A copy of the certificate will be sent to the Principal and the relevant Senior Social Worker.

1.5.3 When an independent student applies for exemption from enrolment

Confirm independent status.
An independent student should apply to the Learning Services General Manager using an Application for Exemption from Enrolment form.
The application should be signed by the student and must document reasons for the request. The report may include evidence from:

the student's parent(s), obtained from consultation; and
members of the support staff.

A school social worker must provide a report as part of the application and liaise with government agencies as required.
The principal must explore all feasible alternatives.
The Learning Services General Manager may make any further investigations that he or she believes to be appropriate and will then either:

grant the exemption subject to any conditions; or
refuse the application for exemption.

When an exemption is granted, the Learning Services General Manager will forward to the student a Certificate of Exemption from Enrolment which will state the period of exemption and any conditions. A copy of the certificate will be sent to the Principal and the relevant Senior Social Worker.

1.5.4 When the Secretary grants an exemption from enrolment

The Secretary, through the Learning Services General Manager, may grant an exemption on his or her own initiative, following whatever investigation and requests for further information he or she considers appropriate.

1.5.5 Delaying entry to full-time schooling (Prep)

There are some circumstances where delaying entry into Prep may be beneficial. These include where a child has special educational needs or delayed development.
A parent of a child may apply to delay entry into Prep if there is a sound educational reason.
Parents should apply by letter directly to the Secretary with details of their reason.
The letter should include the name of the primary school that the child will be attending and evidence of endorsement by the Principal of the school.
If granted an exemption allowing a delayed entry into full-time school it is hoped that the child will enter or remain in Kindergarten in the year that they would normally have entered Prep.
Parents will receive confirmation from the Secretary, or an authorised delegate, that an exemption allowing a delayed entry into full-time school has been approved.
If at any time a Parent decides to reverse the decision to delay entry into full-time school they are able to do so and, in such a circumstance, are asked to make direct contact with the school Principal.

1.6 Enrolment in certain cases

The Secretary has authority to refuse, enrol, or put conditions on the enrolment of a school-age child. This authority is delegated to the Learning Services General Manager. Refer to section 1.2 of these guidelines.

The Secretary has authority to refuse, enrol, or put conditions on the enrolment of a person who has cpmleted his or her entitlement to education. Refer to Education Act 1994 Sections 47, 47 A-E.