South Australian Consolidated Regulations

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EDUCATION REGULATIONS 1997 - REG 41

41—Exclusion of students

        (1)         The head teacher of a school may exclude a student from attendance at the school for a period specified by the head teacher if the head teacher believes on reasonable grounds that—

            (a)         the student has threatened or perpetrated violence; or

            (b)         the student has acted in a manner that threatens the safety or well being of a student or member of staff of, or other person associated with, the school (including by sexually harassing, racially vilifying, verbally abusing or bullying that person); or

            (c)         the student has acted illegally; or

            (d)         the student has persistently interfered with the ability of a teacher to instruct students or of a student to benefit from that instruction; or

            (e)         the student has acted in a manner that threatens the good order of the school by persistently contravening or failing to comply with rules applying within the school with respect to behaviour.

        (2)         However—

            (a)         a student cannot be excluded from attendance at the school under this regulation on any one occasion for—

                  (i)         less than four consecutive weeks, unless the exclusion is for the remainder of the school term during which the student is excluded and that period is less than four weeks; or

                  (ii)         more than—

                        (A)         10 consecutive weeks; or

                        (B)         the remainder of the school term or, in the case of a student above compulsory school age, semester,

(whichever is the longer period);

            (b)         a student cannot, without the authorisation of the responsible officer, be excluded from attendance at the school under this regulation for more than 20 weeks in a calendar year.

        (3)         Before excluding a student under this regulation, the head teacher must first suspend the student from attendance at the school for a period not exceeding five consecutive school days.

        (4)         A student of compulsory school age must obey the reasonable written directions of the responsible officer in relation to undertaking education, work or other relevant activity during the period of an exclusion.

        (5)         If a student contravenes or fails to comply with directions given under subregulation (4), the student is guilty of an offence.

Penalty: $200.

        (6)         The head teacher of a school may extend the exclusion of a student from attendance at the school for a further period not exceeding the limits fixed by subregulation (2) if satisfied that the extension is justified in the circumstances.



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