Behaviour management for non-government schools
From 2 January 2024, new directions are included in the Education Act 2015 that non-government schools must follow when managing student behaviour.
The directions follow similar standards as those in place for government schools.
Non-government schools must:
- have policies to guide principals in managing the behaviour of students at the school
- have regard to the following before suspending, excluding or expelling a student:
- age
- their stage of development
- if they have special learning needs
- their health and wellbeing
- any religious or cultural factors
- their home situation
- advise the registrar if a student is excluded or expelled from school.
To find out more, read division 7A of Part 7 the Act.
Why these changes are important
- There is evidence that the use of suspension, exclusion or expulsion can further disadvantage and marginalise children and young people.
- Alignment of standards across the sectors will improve consistency around suspensions, exclusions and expulsions, and managing student behaviour.
- Reporting requirements associated with exclusions and expulsions will minimise the risk of a student’s prolonged disengagement from education.
Suspending a student
The principal of a non-government school may only suspend a student from attending the school if they believe that the student’s presence is likely to risk physical or psychological harm to other people at the school.
For example:
- a student has repeatedly engaged in behaviour that negatively affects the psychological wellbeing of other students
- a student’s behaviour negatively affects the psychological welfare of teachers or other staff
- a student’s behaviour could physically hurt other students.
How to notify suspension
The principal must provide:
- the student a written notice about the suspension
- a copy of the notice to a parent who takes care of the student every day, if the student is a child who doesn’t live on their own.
The notice must include:
- why the suspension happened
- when it starts
- any rules the principal thinks the student should follow during the suspension.
Length of suspension
A student may only be suspended for up to 20 school days.
The rule of 20 days makes it clear that suspension should only be:
- temporary
- used as a last option.
If there are still concerns about safety after the 20-day limit, schools must find ways to:
- reduce risks
- get the student back into an educational program.
This could involve things like getting help from experts such as:
- psychologists
- other health professionals.
To find out more, read the new section 145C of the Act.
Excluding a student
The principal of a non-government school may exclude a student from attending the school if:
- the student has been charged with a serious crime, where it could lead to more than 2 years in jail and
- the principal believes the student’s presence is likely to risk physical or psychological harm to other people at the school.
How to notify exclusion
The principal must provide:
- the student a written notice about the exclusion
- a copy of this notice to the registrar
- a copy of the notice to a parent who takes care of the student every day, if the student is a child who doesn’t live on their own.
The notice also must explain how the student or parent can ask for the decision to be reviewed.
The non-government school must have a policy for reviewing decisions to exclude a student.
To find out more, read section 145D of the Act.
Expelling a student
The principal of a non-government school can expel a student if they think it's needed to protect others at the school.
How to notify expulsion
The principal must provide:
- the student a written notice about the expulsion
- a copy of this notice to the registrar
- a copy of the notice to a parent who takes care of the student every day, if the student is a child who doesn’t live on their own
- how the student or parent can ask for the decision to be reviewed.
The non-government school must have a policy for reviewing decisions to expel a student.
To find out more, read section 145E of the Act.
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