SCHOOL EDUCATION ACT 1999 - SECT 92

SCHOOL EDUCATION ACT 1999 - SECT 92

92 .         Excluding student from school attendance, procedure for

        (1)         If the principal of a government school is of the opinion that there are grounds under section 91 for the exclusion of a student from attendance at the school, the principal may —

            (a)         recommend to the chief executive officer that the chief executive officer exercise his or her powers under section 94; and

            (b)         put before the chief executive officer such information as the principal thinks appropriate.

        (2)         Upon making a recommendation to the chief executive officer, the principal is to notify the student and a parent of the student that the recommendation has been made and provide the parent with the reasons why the recommendation has been made.

        (3)         The chief executive officer is to refer the recommendation and other information —

            (a)         to a School Discipline Advisory Panel under section 93; or

            (b)         in the case of a child with a disability who is the subject of a recommendation for exclusion on grounds under section 91(b), to a Disability Advisory Panel under section 87,

                which is to examine the matter and report to the chief executive officer, setting out comments about how the matter had been dealt with and recommendations about how the matter should be dealt with.

        (4)         A reference in section 87 to the applicant is to be treated, for the purposes of subsection (3)(b), as a reference to a parent of the child with a disability.

        (5)         In its examination under subsection (3) in relation to a student other than a child to whom subsection (3)(b) applies, a Panel is to have regard to the social, cultural, lingual, economic or geographic factors, or learning difficulties, that might be relevant to the breach of school discipline or behaviour that is the subject of the recommendation.

        (6)         On receipt of the report the chief executive officer may, having regard to —

            (a)         the material referred to in subsections (1) and (3); and

            (b)         any other information before the chief executive officer,

                make an order under section 94 if he or she is satisfied that the student may be excluded in terms of section 91.