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Ministry of Education New Zealand
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How they help you

  1. These guidelines:
    1. describe the processes for stand-downs, suspensions, exclusions and expulsions as set out in the legislation
    2. take you through these processes from beginning to end
    3. incorporate guidance from courts.
  2. These guidelines are designed to help you:
    1. act legally
    2. make good decisions
    3. act fairly
    4. understand your options and duties
    5. minimise the risk of complaints, litigation or review by the Parliamentary Ombudsmen.

Guidelines and legislation

  1. Part 1 of these guidelines outlines the stand-down and suspension processes. This guidance is primarily based on the Education and Training Act 2020 and the Education (Stand-down, Suspension, Exclusion, and Expulsion) Rules 1999. The legislation is included in the Appendices. Part 2 of these guidelines provides optional good-practice advice.

Appendices

Good practice advice

Getting more advice

  1. Trustees, including principals, can access the NZSTA Trusteeship helpdesk for all matters relating to trusteeship. This service is funded by the Ministry and is available regardless of membership of the NZSTA. The helpdesk is staffed 5 days a week during office hours, 8:00am to 5:00pm. 0800 STA HELP (0800 782 4357). Email helpdesk@nzsta.org.nz.

Definitions

  1. Stand-down means the formal removal of a student from school for a specified period. Stand-downs of a particular student can total no more than 5 school days in a term or 10 school days in a year.
  2. Suspension means the formal removal of a student from school until the board of trustees decides the outcome at a suspension meeting.
  3. The board of trustees of a school is required to hold a meeting of the board, within 7 school days of the suspension, to decide the outcome of a suspension (see Sections 81[4], 83[4] of the Act). Following a suspension, the board may decide to:
    1. lift the suspension without conditions
    2. lift the suspension with reasonable conditions
    3. extend the suspension with reasonable conditions for a reasonable period
    4. exclude or expel the student.
  4. Exclusion means the formal removal of a student aged under 16 from the school and the requirement that the student enrol elsewhere.
  5. Expulsion means the formal removal of a student aged 16 or over from the school. If the student wishes to continue schooling, he or she may enrol elsewhere.

Exclusion and expulsion are for the most serious cases only.