6. Forms for notifying the Ministry of Education
Use Form SDS1a to notify the Ministry of Education of a stand-down or that the decision to stand-down has been rescinded.
Use Form SDS1b to notify the Ministry of Education of a suspension.
Use Form SDS2 to notify the Ministry of Education of the outcome of a board of trustees meeting to consider and decide on the outcome of a suspension. Also use Form SDS2 to notify the Ministry of the outcome of a Reconsideration of Suspension Lifted with Conditions or Extended Suspension meeting.
Use Form SDS3 to notify the Ministry of Education after a board meeting following a period of extension of a suspension, or following an exclusion or expulsion.
Instructions for completing these forms are outlined in the accompanying notes. Schools must provide all the information requested on these forms. [Section 18]
The legislative context
These forms are designed to assist principals and boards to fulfil the legal requirements, under Section i8 of the Education Act 1989, that they inform the Secretary for Education of all stand-downs and suspensions, and in the case of suspensions, of all board decisions to lift or extend a suspensions or to exclude or expel a student.
A number of provisions of the Education Act 1989 involve the Secretary for Education in the stand-down and suspension processes. In summary:
- Section 18 subsections (1) and (2) require the principal to inform the Secretary immediately after a student is stood-down or suspended;
- Section 18(3) requires the Board to inform the Secretary immediately after it lifts a suspension, extends a suspension, excludes a student or expels a student;
- Sections 16(1) and 17D(3) empower the Secretary in certain circumstances to direct another school to enrol an excluded or expelled student, to lift an exclusion, or to direct a parent of an excluded student to enrol the student at a correspondence school; and
- Section 18AA(1) permits the Secretary to make certain rules regulating the practices and procedures to be followed by boards, principals, students, parents of students in the various stand-downs, suspensions, exclusions or expulsions processes.
Boards and principals should refer to the Act and the Education (Stand-down, Suspension, Exclusion and Expulsion) Rules 1999 for more detailed information. Copies are enclosed with this guide and are also available on the Ministry website http://www.minedu.govt.nz/sdsrules.
The Secretary for Education will treat all the information required according to the terms of the Privacy Act 1993. In compiling statistics, details identifying individual students or their families will not be used.
Completing the forms
Please photocopy the forms as required from the master copies supplied in the back of this book. These are also available on the Ministry website http://www.minedu.govt.nz/sdsforms.
Note: The forms need to be sent to your local Ministry of Education office immediately after stand-down or suspension has been decided; immediately after a board has met to consider or reconsider the outcome of a suspension, and made its decision; and after the principal has tried to arrange for the student to attend another school.
Form SDS1a Advice of Stand-Down or Withdrawal of a Stand-down
Section 14 of the Act sets out the grounds on which principals may decide to stand-down a student:
Section 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 harmful 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.
If a principal feels that either of the grounds under Section 14 has been met, this form is then used to notify the Ministry of Education of the details of the stand-down.
Section A School Details
Enter the number given to your school by the Ministry and your school name.
Section B Student Details
Provide details of the current surname of the student and any other surnames used by the student.
This information is being requested because of the need to track how many days a student has been stood-down each year, and to help the Ministry eliminate duplicate records in the database.
The student’s first name(s), date of birth and gender must also be supplied.
Section C Ethnicity
The ethnic identity of a student who has been stood-down - derived from student record files.
Details for NZ Maori iwi affiliations have been sent to all schools. They are also provided in Appendix 3 Master Copy.
Section D Stand-down details
This section is used to record details of the stand-down.
Grounds for stand-down
Box A refers to Section 14(1)(a) of the Education Act 1989. Box B refers to Section 14(1)(B) of the Education Act 1989 (see Section 14 above). Tick whichever box is appropriate.
Predominant behaviour only - Please specify the nature of the behaviour by using the codes listed below.
(Insert) Nature of predominant behaviour chart
Note: The behaviours listed above are not in themselves automatically grounds for stand-down or suspension.
Description of Form SDS1a Sections continues on page 28.
(Insert) SDS1a Advice of Stand-down form
Form SDS1a Advice of Stand-Down or Withdrawal of a Stand-down continued
Briefly describe what happened - Section 18 of the Act requires the principal to tell the Secretary for Education what the reasons were for standing down a student. The principal should not only describe the incident but also explain why, in the individual case, a stand-down or suspension was the appropriate response.
Summarise prior interventions - add details here
Section E Stand-Down days - add details here
Section F - Advice of Decision Not to Proceed with Stand-down
This section is only used when a stand-down is formally withdrawn. It should not be used where a stand-down has run its full course and ended.
The number of stand-down days for individual students cannot total more than 5 school days in a term or 10 school days in a year.
Notify the Ministry of Education when a stand-down has been withdrawn, so that the period for a withdrawn stand- down is not included in a particular student’s total.
Form SDS1 b - Advice of suspension
Section 14 of the Act sets out the grounds on which principals may decide to suspend a student:
Section 14. Principal may suspend -
(1) The principal of a state school may suspend a student if satisfied on reasonable grounds that-
(a) The student’s gross misconduct or continual disobedience is a harmful 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.
If a principal feels that the grounds under Section 14 have been met, this form is then used to notify the Ministry of Education of the details of the suspension. The guidelines for completing Form SDS1a also apply to Form SDS1b.
(Insert) SDS1b Advice of Suspension
Form SDS2 Outcome of board of trustees meeting or reconsideration of a lifted suspension
Use Form SDS2 when the Board has met to:
- decide the outcome of a suspension; or
- reconsider a suspension, which may be lifted with conditions or extended.
First Section - Is this board meeting:
- Tick the appropriate box.
- Add date of original meeting, if this was a reconsideration meeting.
Section C Outcome of Board Meeting
If a board decides to extend a suspension, it must agree on a reasonable period for the extension as well as setting appropriate conditions.
Note the end date of the extension period.
This informs the Ministry when the student will return to school.
If the board decides to exclude a student aged under16, the principal must try to arrange another school (see Form SDS3).
If the board decides to expel a student aged i6 or over:
- Note whether that student wishes to continue schooling.
Form SDS3 can then be used to inform the Ministry that you have been unable to find another school. Sections 15(3) and 17(3) of the Act provide for a principal to ask the board to meet again to reconsider its original decision, where a student has failed, in the principal’s opinion, to comply with the conditions set down by the board when the student’s suspension was extended.
(Insert) SDS2 Advice of Outcome of Board of Trustees Suspension Meeting
Form SDS3 Notification Following Period of Extension, or Following Exclusion
Section C Notification Following Period of Extension
If a board decides to extend a suspension, it must decide on a reasonable period for the extension as well as setting appropriate conditions. Note the end date of the extension period. This informs the Ministry when the student will return to school.
Section D Notification following Exclusion
If the board decides to exclude a student aged under 16, the principal must try to arrange another reasonably convenient school within 10 school days. At the end of the 10 days, fill in where the excluded student is now placed, or what steps you have taken to try to place the student, and refer the case to the Ministry of Education for assistance if necessary.
If the board decides to expel a student aged i6 or over, note whether that student wishes to continue schooling, and whether the principal chooses to assist the student who wishes to continue schooling to enrol in a new school. Form SDS3 can also be used to inform the Ministry that you have been unable to find another school for the student.
(Insert) SDS3 Notification Following Extended Suspension or Following Exclusion