SCHOOL EDUCATION ACT 1999 - SECT 53

SCHOOL EDUCATION ACT 1999 - SECT 53

53 .         Cancelling s. 48 registration, CEO’s functions as to

        (1)         The chief executive officer may cancel a home educator’s registration under section 48 in respect of a child if —

            (a)         in the opinion of the chief executive officer, the child’s educational progress is not satisfactory; or

            (b)         the home educator has not arranged an evaluation required under section 51(1)(a) or (b) in respect of the child; or

            (c)         the home educator does not agree to an evaluation required under section 52(1)(b) in respect of the child from occurring in accordance with section 52(2); or

            (d)         a home education moderator has been hindered or obstructed in an evaluation required under section 51(1)(a) or (b) or section 52(1)(b); or

            (e)         the home educator has not complied with section 49 in respect of the child.

        (2)         Before deciding under subsection (1)(a) that a child’s educational progress is not satisfactory the chief executive officer may take into account —

            (a)         the outline of curriculum and assessment in schools established under the School Curriculum and Standards Authority Act 1997 ;

            (b)         the effect of the physical learning environment on the child’s educational progress;

            (c)         any other matter which, in the opinion of the chief executive officer, is relevant to the child’s education.

        (3)         If the chief executive officer decides to cancel a home educator’s registration the chief executive officer is to give written notice to the home educator of the decision and written reasons for the decision.

        (4)         The notice must set out a cancellation period that is —

            (a)         at least until 1 January in the year following the year in which the cancellation takes effect; and

            (b)         not longer than 12 months from the day on which the cancellation takes effect.

        (5)         A decision that a home educator’s registration be cancelled is not to be given effect to —

            (a)         until the time for applying under section 54(1) has passed; and

            (b)         if an application is made under section 54(1), until it has been determined.

        [Section 53 amended: No. 37 of 2011 s. 58(2).]