an ncylc e-bulletin

Issue #2: May 2004

EDUCATION

Procedures for suspension and expulsion of school students in NSW

NCYLC has often represented school students in relation to suspensions and expulsions. Exclusions from school can have a detrimental impact on the education and lives of students and their families. Procedural fairness in the process is therefore of critical importance. Late last year, the NSW Department of Education and Training invited us to comment on its policy Procedures for suspension and expulsion of school students, which was under review. We have recently completed our submission to the Department. Our submission makes a number of significant recommendations to the Department.

One of our main recommendations was for the Department to further encourage schools to adopt a whole school and restorative justice approach to school discipline to reduce the high and growing number of suspensions and expulsions in NSW. Restorative justice involves holding students accountable for their misbehaviour within a community of support, and repairing the harm resulting from the student’s actions. One type of restorative practice is community conferencing which can be used to deal with more serious incidents in schools as an alternative to imposing a suspension/expulsion.

On the issue of procedural fairness, our recommendations included the following:

  • The Procedures should be amended to require principals to follow more thorough investigative and decision-making processes in cases where a student has denied an allegation against him or her.
  • The Department should establish an independent appeal panel to deal with appeals against suspensions and expulsions. Currently, District Superintendents decide appeals at the initial stage, with a further right of appeal to the Assistant Director General;
  • The Department should provide further training and support to principals and deputy principals on implementation of the Procedures; and the Department should regularly monitor compliance with the Procedures.

Other issues we raised in our submission included reducing the maximum number of days for which a student may be suspended from 20 school days to 10 school days. In the coming weeks, we will be meeting with representatives of the Department to discuss these recommendations. We hope that this process will ultimately lead to greater fairness for students as well as a reduction in the number of exclusions.

Lenny Roth