Page 893 - Week 03 - Thursday, 7 April 2022
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Suspensions should only be used to for the purpose of ensuring a safe and effective learning environment at the school. Therefore clarity for all schools as to the reasons why a suspension can be enacted will assist to distinguish between behaviour management responses and proactive strategies to support a student’s wellbeing and to manage safety. This aims to safeguard against the misuse of suspensions in ACT schools and will result in consistency in practice for schools across both government and non-government systems.
Should a student be suspended, to be compliant with section 27A of the Human Rights Act 2004, the act also requires the school to outline how they intend to support the student to continue their education during the suspension. It has also been outlined that the principal of a school must review any reasonable adjustments in place for the student, and make any reasonable adjustments the principal considers would support the student to return to school safely. These amendments proactively respond to the interim report of the Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability.
Through the bill we have also clarified the sections relating to transfers and exclusions. The current definition of “exclusion” in the act has different meanings for different sectors. For government and Catholic system schools, it means preventing the student from continuing to be enrolled or being re-enrolled at any school within that system; whereas for an independent school it means preventing the student from continuing to be enrolled or being re-enrolled at a particular independent school.
This inconsistency causes significant confusion and, to address this, a new category of “expulsion” has been created to apply to preventing the student from continuing to be enrolled or being re-enrolled at a particular non-government school. The term “exclusion” now refers to preventing the student from continuing to be enrolled or being re-enrolled in a particular system of schools and applies to both the government and Catholic systems. However, as a human rights jurisdiction, we have an obligation to provide free education to every child, in a government school. Therefore exclusion from a government school is only possible for a child who is not of compulsory education age, which means a child who is under six years old or is over 17 years. Amendments have been made to clarify that these are the only circumstances in which exclusion from the government system of schools can occur.
The proposed amendments to suspension, transfer, expulsion and exclusion will provide clear parameters in which these actions can be taken, as well as balance the right of the child to an education alongside the safety and wellbeing of the student, other students and staff at the school. The bill also strengthens the reporting of unenrolments, terminations of contract, transfers, expulsions and exclusions, by all schooling sectors.
Since the coronial inquest into the death of Bradyn Stuart Dillon, there has been focus on the need to monitor the movement of students between schools, to ensure students stay connected with the education system. Oversight of the student movement also enables the identification of known signs of risk and vulnerability, such as multiple movements between schools within a short period of time.
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