Guidelines on stand-downs, suspensions, exclusions and expulsions

2. Flow charts and commentary

Flow Chart 1: Principal considers possible stand-down or suspension

Grounds

Section 14 of the Act sets out the grounds on which principals may decide to stand-down or suspend students:

14. Principal may stand-down or suspend students -

(1) The principal of a state school may stand-down or suspend a student if satisfied on reasonable grounds that:

(a) the student’s gross misconduct or continual disobedience is a harmf or dangerous example to other students at the school; or

(b) because of the student’s behaviour, it is likely that the student, or other students at the school, will be seriously harmed if the student is not stood-down or suspended for an unspecified period.

Process

The principal must ensure that the decision to stand-down or suspend a student is made in accordance with all the legal requirements. These are summarised on Flow Chart 1.

In deciding if the student’s behaviour does amount to gross misconduct, the excerpts from Justice McGechan’s judgement, pages 18 and 19 in these Guidelines, provides a useful test.

Rule 7 of the Education (Stand-down, Suspension, Exclusion, and Expulsion) Rules 1999 states the guiding principles - see Appendix i

At each stage of the process, principals are urged to read the relevant material - the Education Act 1989, the Education (Stand-down, Suspension, Exclusion and Expulsion) Rules 1999, and these guidelines.

Additional guidance

Any policies and practices developed by the board to give effect to Section 61(3) of the Act (reflecting New Zealand’s cultural diversity and the unique position of Maori culture) will also guide the principal in considering behaviour that could lead to stand-down or suspension and in handling the process if stand-down or suspension is decided on. The goals and values expressed in the school charter and other documents will also serve as a guide.

Flowchart 1 [PDF v1.3; 55kb]

Flow Chart 2: Stand-downs - Action by principal following decision to Stand-down

Stand-down period

A principal may stand-down a student more than once during a term or a year.

A student cannot be stood-down for more than school days in one term, and the total number of stand-down days for a student must not exceed 10 in one year. This may require the principal to check with any school previously attended by the student in the current year, or the Ministry, to ensure that the total is not exceeded. [14(2)(a)(b)]

The day on which a student is stood-down and any day on which the student would not have to attend school in any event are not counted in the period of the stand-down. [Section 14(4(C)]

The principal should consider whether suitable arrangements could be made for the student to not attend the school the following day and for the period of the stand-down. This requirement is by way of the duty of care the school has for the student and National Administration Guideline 5. A principal should not send a student home unless with the agreement of a parent and when suitable, safe arrangements have been made.

Section 14(3)b permits a stand-down to be carried out at school if the parents request it and the principal agrees.

Notification

All stand-downs, and the reasons for them, should be recorded.

When a student is stood-down, the principal must immediately notify the parent (except in the case of a student who has turned 20), and give the reasons for making this decision. [This should be done by telephone if possible. For some cultures, a personal visit is better than a phone call.

Parent means a student’s mother, father or guardian. While “guardianship” is defined in law, there are many occasions when the general term “caregiver” better covers the circumstances of an individual child. On occasion, another person may be the appropriate adult to contact and involve in this process. This should be done only if it is not possible to deal with the child’s parent or guardian (eg the student maybe from overseas or live alone).

The principal must then notify the parent in writing - Letter 1 on page 21 provides a model.

An information sheet about stand-downs and suspensions has been provided for principals to give to parents to ensure they receive the necessary information. This is available in languages - English (included in this guide), and Maori, Cook Island Maori, Samoan and Tongan, available on the Ministry website at www.leadspace.govt.nz/tools/student_man/index.php.

As well as notifying the parent, the principal also needs to notify the Ministry of Education by completing and forwarding Form SDS1a. [Section18(1)]

Guidance and counselling

Section 13(b) of the Act specifies that one of the purposes of the amended legislation is “to minimise the disruption to a student’s attendance at school and facilitate the return of the student to school when that is appropriate”.

From the time of the decision to stand-down a student, the principal is responsible for taking all reasonable steps to ensure the student has guidance and counselling that are reasonable and practicable. [17A]

Stand-down meeting

The principal may invite the parent(s) and student to a meeting to discuss the stand-down. Alternatively, the student and/or the parent(s) may ask for a meeting. Such meetings may include others if it is considered that their involvement is likely to be helpful.

Withdrawal of stand-down

It is possible that as a result of a meeting with the student who has been stood-down and a parent, the principal may decide to withdraw the stand-down.

If so, the principal needs to:

Note: The principal does not have to notify the Ministry when a stand-down has been completed after having run its course.

Effect of stand-down

The effect of a stand-down is that the student cannot attend school again until the date determined by the principal.  However:

1. the principal may require the student to go to the school for guidance and counselling during the stand-down period;
2. the student may go to school during the stand-down period if the parent asks the principal and the principal considers that the request is reasonable. [ 14(3)]; and
3. the student maybe permitted to attend the school to sit external or internal examinations and/or fulfil course requirements for a qualification, or the principal may arrange for the student to do so off-site. This is at the principal’s discretion.

Flowchart 2 [PDF v1.3; 57kb]

Flow Chart 3: Suspensions - Action by principal following decision to suspend

Suspension period and timing

A principal may suspend a student more than once during a term or a year.

The suspension period is governed by the requirement that the board of trustees (or its disciplinary committee) must meet within 7 school days after the date of the suspension (or within 10 calendar days if the suspension took place within school days of the end of the term) to consider the suspension and decide the outcome.

[Section 15(4) and Section 17(4)]

Unless the board meeting is held and the outcome decided within this time frame, the suspension becomes invalid.

[Sections 15(4), 17(4)]

Report and board meeting

As well as recording the decision to suspend, and the reasons for it, arrangements must be made for the board to meet within the specified time frame. The principal also needs to prepare a report for the board.

Notification

In addition, the principal needs to:

• notify the parent - Letter 2 provides a model; and
• notify the Ministry of Education - by completing and forwarding Form SDS1b. [18(1)]

From the time of the decision to suspend, the principal is responsible for taking all reasonable steps to ensure that a student who has been suspended has guidance and counselling that is reasonable and practicable, and that an appropriate educational programme is provided. The purpose is to facilitate the return of the student to school. [17A]

The principal should consider whether suitable arrangements could be made for the student to not attend school the following day and for the period of the suspension.

This requirement is by way of the duty of care the school has for the student and National Administration Guideline 5. A principal should not send a student home unless with the agreement of a parent and until suitable, safe arrangements have been made.

Note: The suspension takes effect from the day following the decision to suspend. Section 14(b) states that, ‘Because of the student’s behaviour, it is likely that the student, or other students at the school, will be seriously harmed if the student is not stood-down or suspended for an unspecified time.” If this is the case, the principal may locate the student to a safe place within the school, pending suspension taking place the following day, or notify the parents who may wish to collect the student that day.

Effect of suspension

The effect of a suspension is that the student cannot attend school while the suspension is in force. However:

• the principal may require the student to go to the school for guidance and counselling or for an appropriate educational programme during the suspension period.

[14(3)(a)];

• the student may go to school if the parent asks the principal and the principal considers that the request is reasonable. [ 14(3)]; and/or
• the student maybe permitted to attend the school to sit external or internal examinations and/or fulfil course requirements for a qualification, or the principal may arrange for the student to do so off-site. This is at the principal’s discretion.

Informing parent

Immediately the student has been suspended, the student and the parent(s) must be given and have received:

(a) letter 2, notifying parent /guardian of the procedures for meetings deciding on suspensions and the options available to the Board and possible outcomes of the suspension [Section 15(1)]; and

(b) Ministry’s Information for Parents sheet on Stand- down, Suspension, Exclusion, and Expulsion of a Student from a State and State Integrated School;

At least 48 hours before the Board meeting, the student and the parent(s) must be given and have received:

(a) the Principal’s report to the Board on the suspension;

(b) any other material about the suspension to be presented at the meeting (in accordance with the Privacy Act - seek legal advice if necessary).

Please note the definition of “given” in the Rules, Number 4, Appendix 1.

Flowchart 3 [PDF v1.3; 42kb]

Flow Chart 4: Action by board following decision to suspend

Boards of trustees are reminded of the requirement on them under Section 61(3) of the Act, and restated in the National Education Goals, to have developed policies and practices in their schools that reflect New Zealand’s cultural diversity and the unique position of the Māori culture.

Meeting

Boards need to ensure that:

(a) suspension meetings are held within the allowable timeframe (within school days of the date of the suspension, or within 10 calendar days if the suspension took place within school days of the end of the term);

(b) the appropriate notifications have been given; and

(c) copies of reports and other materials have been sent in time for the student and parent(s) to receive them at least 48 hours before the meeting.

As well as the principal, and the members of the board of trustees (or its disciplinary committee), those who may attend and speak at the board meeting are the student, the parent(s), and any representatives they may ask to attend. [17B]

Suspension meetings need to be held “in committee”. The public should be excluded in the normal way and the minutes will then not be available to the public. An example of a template for taking the minutes of the suspension meeting is provided with these Guidelines, Appendix 3.

The principles of natural justice should be followed throughout (see page 4). If new information comes up during the meeting, the board may need to adjourn so that it can be considered.

After all the material has been presented and discussed, the board may require the principal, the student, parents and representatives to leave the meeting while it makes its decision, or it may ask them all to stay.

Following consideration of all the material presented by all parties at the meeting, the board needs to consider each of the four options available to it before reaching a decision.

Suspension lifted

(a) When the board decides to lift a suspension unconditionally, the student is to return to school immediately.

(b) When the board decides to lift a suspension subject to conditions, the student is to return to school immediately, but in so doing will meet certain requirements. The conditions imposed must be reasonable and achievable by the student who has been suspended. [Sections 15,17]

(c) If the conditions are not met, the board may reconsider its decision - see Flow Chart 6.

Suspension extended

(a) When the board decides to extend a suspension, the extension will be for a reasonable period determined by the board, and conditions will apply. These conditions must be reasonable, and must be aimed at facilitating the return of the student to school. The board must also take the appropriate steps to facilitate the return of the student to the school. [Sections 15(2)]. See Definitions, page 3.

If the conditions are not met, the board may reconsider its decision - see Flow Chart 6.

As well as recording each decision to lift or extend a suspension and the reasons, the board (or principal on its behalf) must:

• notify the parent in writing - Letter 3 provides a model; and

• notify the Ministry of Education - by completing and forwarding Form SDS2. [Section 18(3)]

(b) If the suspension is extended for four (4) weeks or more, boards are required to monitor whether the student is meeting the conditions. The principal must help the board to do this by reporting at each regular meeting following the decision to suspend. A copy of the report is to be given to the parent.

If the period of suspension is extended, the principal (on behalf of the board) must notify Ministry of Education, using Form SDS3, when the extended suspension has ended and the student has returned to school.

The principal is required to take all reasonable steps to ensure that guidance and counselling, and an appropriate educational programme, are provided for the suspended student. The aim is to facilitate the return of the student to school and to minimise the educational disadvantages resulting from the absence from school. [Sections 15, 17]

Although the student has been suspended, the principal may require (or agree) that a student be at the school as permitted by Section 14(3) of the Act. The principal also needs to take into account the particular requirements of a student’s course of study.

Exclusion

If the student is aged under 16, the board may decide to exclude him or her from the school. This decision should be arrived at only in the most serious cases.

The board (or principal on behalf of the board) must:

• notify the parent in writing – Letter 3 provides a model; and
• notify the Ministry of Education - by completing and forwarding Form SDS3. [Section 18(3)]

Expulsion

If the student is aged i6 or over, the board may decide to expel him or her from the school. Again, this decision should be arrived at only in the most serious cases.

The parent and the Ministry must be notified as for exclusion, above.

Note: There will be occasions when it becomes clear during the meeting that there is a consensus about the outcome. The chairperson will need to confirm with all parties that this is the case and the board will then need to make that decision formally.

Flow Chart 4 [PDF v1.3; 66kb]

Flow Chart 5: Action by principal when student excluded or expelled

Exclusion

If the student is aged under i6 and is excluded, the principal is required, within 10 school days, to try to arrange another suitable school that the student can reasonably and conveniently attend. The principal should consult with the student’s family about appropriate schools and advise that those schools have the discretion to refuse a student who is excluded. The outcome of those efforts is to be reported to the Ministry on Form SDS3.

If the principal has been unsuccessful in locating another suitable school, the Ministry will then provide help to enrol the student at a school (which may be the suspending school). [Sections 15(5)(6), 16]

Note: Section 17C requires that the name of a student who has been suspended should remain on the school’s register and describes the circumstances under which the name can be removed.

Expulsion

If the student is aged i6 or over and is expelled, the principal should explain to the student and a parent that while domestic students have an entitlement to free enrolment and free education at any state school until the end of the year in which they turn 19, those schools have the discretion to refuse to enrol a student who is expelled.

If the student wishes to continue schooling, this should be shown on Form SDS2.

The Ministry of Education will contact the parent to provide assistance if requested to do so.

Note: Section 17C(2) requires that the name of a student who has been suspended should remain on the school’s register and describes the circumstances under which the name can be removed.

Flow Chart 5 [PDF v1.3; 45kb]

Flow Chart 6: Action by board to reconsider suspension

Reconsideration meeting

If a student fails to comply with any conditions imposed by the board the principal may ask the board to hold a meeting to reconsider its initial decision.

The principal must then notify the parent and the student and give them information about the meeting in the same way as for the initial meeting to consider suspension.

At the meeting, the board may confirm, reverse or modify its earlier decision.

Following the outcome of a reconsideration meeting, the board (or principal on behalf of the board) must:

• notify the parent in writing - Letter 3 provides a model; and
• notify the Ministry of Education - by completing and forwarding Form SDS2. [Section 18(3)]

If, after reconciliation, the period of suspension is again extended, the principal is again required to take all reasonable steps to ensure that guidance and counselling, and an appropriate educational programme, are provided to the student. [Section 17A]

The principal must also notify the Ministry of Education when the extended period of suspension ends and the student returns to school – by completing and forwarding Form SDS3

Exclusion of expulsion

If the student is excluded or expelled, the principal must again notify the Ministry of Education – by completing and forwarding Form SDS2 and/or Form SDS3.
 
Flowchart 6 [PDF v1.3; 55kb]