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Ministry of Education New Zealand

Conditions targeting individual behaviour and individual needs can be extremely effective when they are correctly matched to the student and their completion is monitored. 

When imposing suspension conditions, it may be helpful to consider the following.

Purpose of conditions

Minimising the disruption to a student’s attendance at school and facilitating the return of the student to school are key considerations when setting suspension conditions.

The conditions should relate to the behaviour or cause of behaviour that led to the suspension. A student cannot be expected to meet conditions that they have no direct influence upon or control over.

Ask these questions of your school

Have we set suspension conditions that are related to something the student is to complete?

Information

Note

While it is helpful for a school to have a plan of action that includes school and other agency support, these actions are not suspension conditions. Imposing a condition that requires another party to complete an action is not within the control of the student to complete.

Why are we imposing these conditions with a suspension? Do the conditions reflect the goal of changing behaviour to enable the student to return to school?

Have we considered whether the conditions are fair? Are they designed to be rehabilitative rather than punitive? Refer to Part 1: Fair and flexible, Natural justice.

Overview: Being fair and flexible

Information

Note

Behaviour management programmes that help students to learn self-discipline or change behaviour can help students re-engage at school and should not be used as a form of punishment.

Specific conditions

Conditions are more likely to be attainable if they are set in consultation with the student and the family.

Ask these questions of your school

Are the conditions we have set specific? Do the conditions outline who is involved, what is to be done and where the conditions are to be completed? Do they detail the timeframes for completion and identify any requirements and/or constraints (who will pay for any costs)? Is there a specific reason, purpose or benefit for completing the conditions?

Are the conditions we have set objectively measurable? How can we measure progress towards achievement? Have we considered... how much? How many? How will we know when conditions are completed?

Are the conditions we have set attainable? Are they reasonable conditions?

Are the conditions we have set realistic? Can they be easily met? Have we set the benchmark too high? Do our conditions help the student to grow and learn? Do our conditions impose any undue cost upon the family?

Do the conditions we have set have a timeframe for completion? How will we all know when the conditions have been met/not met? How will we know if there has been a breach of the conditions?

Do we look back on previous conditions to see which are more likely to be workable and effective? Have we recorded this anywhere for future reference?

Reconsideration meetings and conditions

A board can review conditions set at a reconsideration meeting. Sometimes conditions may not be workable and a reconsideration meeting may be appropriate to adjust the conditions so that students are not disadvantaged.

Information

Note

It is important that reasonable steps are taken to ensure that students have guidance and counselling support in circumstances of a stand-down or suspension (Section 84(1) of the Education and Training Act 2020).

Education and Training Act 2020, Section 84 – New Zealand Legislation

Refer to Part 1: Principal’s obligations, Consider guidance and counselling.

When the suspension is extended with conditions

The principal must also take all reasonable steps to ensure that an appropriate educational programme is provided to students during the suspension period (Section 84(2) of the Education and Training Act 2020).

Education and Training Act 2020, Section 84 – New Zealand Legislation

Refer to Part 1: Principal’s obligations, Provide an educational programme.

When the suspension is extended with conditions

Examples

Examples of suspension conditions.

Example 1

The board wanted the student to return to school to undertake drug and alcohol counselling. The board lifted the suspension and set a specific condition regarding counselling. An example of a specific condition would have been for the student to ‘undergo eight drug and alcohol counselling sessions, between 1 September and 20 December 2009, with the [ABCD] Rehabilitation Services located at [ABCD] Main Road, to work on ways to stop harmful drug and alcohol usage. The cost will be met by [ABCD].’

Prior to the board meeting, the principal had prepared information about local drug and alcohol services, locations, vacancies and cost. These were discussed in consultation with the family.

Example 2

The board extended the suspension for 3 school weeks with a specific condition that the student would attend anger management counselling before they returned to school. The condition being to undergo 2 sessions with [ABCD] provider within the 3-week period. Cost will be met by [ABCD].

The principal used the time available to organise support for the student upon his return to school.

Information and rules about the stand-down, suspension, exclusion and expulsion process

Stand-downs, suspensions, exclusions and expulsions guidelines – Part 1

Te Kāhui Tika Tangata | Human Rights Commission

Information about the Human Rights Act can be sourced from the Human Rights Commission.

Human Rights Commission

Information and support line

Contact Us – Human Rights Commission

0800 496 877

Te Whakarōputanga Kaitiaki Kura o Aotearoa (formerly NZSTA) New Zealand School Boards Association

Te Whakarōputanga Kaitiaki Kura o Aotearoa (formerly NZSTA) is the voice of school boards in New Zealand, providing services to New Zealand’s 2,500 state and state-integrated schools and kura.

Advice and support – Te Whakarōputanga Kaitiaki Kura o Aotearoa | NZ School Boards Association