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SCHOOL EDUCATION ACT 1999

Table of Provisions

PART 1 -- Preliminary  

  • 1 Short title
  •  
  • 2 Commencement
  •  
  • 3 Objects of Act
  •  
  • 4 Terms used
  •  
  • 5 Term used: pre-compulsory education period
  •  
  • 6 Term used: compulsory education period
  •  
  • 8 Notes not part of Act

PART 2 -- Education of children during compulsory education period

Division 1 -- Compulsory education with alternatives in final years of compulsory education

Subdivision 1 -- Enrolment of children of compulsory school age  
  • 9 When enrolment compulsory
  •  
  • 10 Ways in which s. 9 satisfied
  •  
  • 11AA Proof of enrolment to be provided
  •  
  • 11 Exemption from s. 9(1), Minister may grant etc.
  • Subdivision 1A -- Alternatives to the operation of section 9 in final years of compulsory education  
  • 11A Terms used
  •  
  • 11B Options other than school etc. in final 2 years
  •  
  • 11C Participation s. 11B option to be full-time
  •  
  • 11D Arrangements under s. 11B, parent to notify Minister of etc.
  •  
  • 11E Child enrolled under s. 11B in combination of courses, application of s. 11D to
  •   11F. Notice under s. 11D or 11E, duration and effect of  
  • 11G Employment for s. 11B(1)(d), Minister’s approval of required etc.
  •  
  • 11H Child employed with s. 11G approval, parent to notify Minister of etc.
  •  
  • 11I Child to participate in options notified under s. 11D, 11E or 11H
  •   11J. Participation by child, what constitutes  
  • 11K Notice etc. by parent under s. 11D, 11G and 11H, Minister’s functions as to
  •  
  • 11L Independent child, designating child to be
  •  
  • 11M Minister’s functions as to this Subdivision
  •  
  • 11N Regulations for this Subdivision
  • Subdivision 2 -- Inquiries to check compliance with sections 9 and 11I   12. Authorised persons, authorisation of  
  • 13 Authorised person, powers of
  •  
  • 14 Authorised person, certificate of authorisation for
  •  
  • 15 Pretending to be authorised person, offence

Division 2 -- Enrolment, all schools  

  • 16 Information required when applying to enrol
  •  
  • 17 Change of s. 16 particulars, principal to be notified of
  •  
  • 18 Child enrolment application by one parent, principal may act on
  •  
  • 19 Enrolment register, principal’s duties as to
  •  
  • 20 Cancelling enrolment, principal’s powers as to
  •  
  • 21 Removing child from school register, when allowed

Division 3 -- Attendance, all schools  

  • 22 Term used: school
  •  
  • 23 Attendance requirements
  •  
  • 24 Attendance at place outside school, arrangement for etc.
  •  
  • 25 When student excused from attendance
  •  
  • 26 Doubtful reasons given for child’s non-attendance, principal may refer to Attendance Panel etc.
  •  
  • 27 Non attendance of student may be required on public health grounds
  •  
  • 28 Attendance records, principal’s duties as to
  •  
  • 29 Employing child during school hours, offence

Division 4 -- Government schools, absence for special observance  

  • 30 Recognized religious or cultural period, child excused from attendance for
  •  
  • 31 Days etc. to which s. 30 applies

Division 5 -- Absentee students and non-participating children

Subdivision 1 -- Preliminary  
  • 32 Terms used
  • Subdivision 2 -- Attendance officers  
  • 33 Attendance officers, designation of
  •  
  • 34 Attendance officer, certificate of designation for
  •  
  • 35 Pretending to be attendance officer, offence
  • Subdivision 3 -- Powers of attendance officers  
  • 36 Powers to detain and question and to enter public places
  •  
  • 37 Obstructing etc. attendance officer, offence
  • Subdivision 4 -- Dealing with non-attendance and non-participation and enforcing attendance and participation  
  • 38 Breach of s. 23, offence by parent and child
  •  
  • 39 Attendance Panel, appointment and procedure of etc.
  •  
  • 40 Persistent breach of s. 23, referral of case to Attendance Panel
  •  
  • 41 Prosecution of s. 9 or 38 offence, commencement of if case referred to Attendance Panel
  •  
  • 42 Prosecution of s. 9 or 38 offence, prerequisites to commencing
  •  
  • 43 Proceedings for s. 9 or 38 offence, parent may be required to bring child to court
  •  
  • 44 Evidentiary matters for s. 9 and 38 charges
  •  
  • 45 Prosecution of s. 9 and 38 offences, who may conduct

Division 6 -- Home education  

  • 46 Term used: home educator
  •  
  • 47 Registration as child’s home educator, application for
  •  
  • 48 Registration of home educator, CEO’s functions as to
  •  
  • 49 Home educator to inform CEO of certain matters
  •  
  • 50 Home education moderators, appointment of
  •  
  • 51 Evaluation of child’s educational programme and progress, when required etc.
  •  
  • 52 CEO may notify home educator of concern and require evaluation
  •  
  • 53 Cancelling s. 48 registration, CEO’s functions as to
  •  
  • 54 Review of s. 53 decision

PART 3 -- Government schools

Division 1 -- Establishment, closure etc.  

  • 55 Establishing etc. school, Minister’s powers as to
  •  
  • 56 Closing, amalgamating etc. schools, Minister’s powers as to
  •  
  • 57 Consultation requirements before s. 56 power exercised
  •  
  • 58 Permanent closure, procedure for
  •  
  • 59 Permanent closure for safety or welfare reasons
  •  
  • 60 Local-intake schools, declaration of etc.

Division 2 -- Functions of chief executive officer, principals and teachers  

  • 61 CEO’s functions
  •  
  • 62 Principals, appointment of
  •  
  • 63 Principal’s functions
  •  
  • 64 Teacher’s functions
  •  
  • 65 Assigned function etc. not to be inconsistent with industrial arrangements

Division 3 -- Educational instruction  

  • 66 Terms used
  •  
  • 67 Curriculum, determination of
  •  
  • 68 Curriculum not to promote certain matters
  •  
  • 69 Special religious education, provision of
  •  
  • 70 Prayers etc., principal to consult school Council about
  •  
  • 71 Special religious instruction etc., parent may withdraw child from
  •  
  • 72 Conscientious objection to subject, principal may exempt child from classes on
  •  
  • 73 Child with disability, educational programme for
  •  
  • 74A Child in early education period, educational programme for

Division 4 -- Enrolment  

  • 74 Application for enrolment of child
  •  
  • 75 Enrolment of child, principal’s duties as to
  •  
  • 76 General residential qualification for child to be enrolled
  •  
  • 77 Child below compulsory school age, when entitled to be enrolled
  •  
  • 78 Child of compulsory school age, when entitled to be enrolled at local-intake school
  •  
  • 79 Child of compulsory school age, when entitled to be enrolled at non local-intake school
  •  
  • 81 Enrolment of person after compulsory education period
  •  
  • 82 Resolving question under s. 76, 77, 78 or
  •   83. Inappropriate enrolment, CEO’s powers to cancel  
  • 84 Decision under s. 82 or 83 as to educational programme, CEO to consider certain matters for
  •  
  • 85 CEO may ask advisory panel for advice for s. 82 or 83 decision
  •  
  • 86 Child with disability, decision under s. 82 or 83 as to educational programme for
  •  
  • 87 Disabilities Advisory Panel, appointment of etc.

Division 5 -- Suspension and exclusion  

  • 88 Terms used
  •  
  • 89 Term used: breach of school discipline
  •  
  • 90 Breach of school discipline, suspension for
  •  
  • 91 Excluding student from school attendance, grounds for
  •  
  • 92 Excluding student from school attendance, procedure for
  •  
  • 93 School Discipline Advisory Panel, appointment of etc.
  •  
  • 94 Excluding student etc., orders as to that CEO may make
  •  
  • 95 Student enrolled after compulsory education period, principal’s power to exclude from school attendance
  •  
  • 96 Decision under s. 95, review of

Division 6 -- Financial provisions

Subdivision 1 -- Fees for instruction, charges, contributions and costs  
  • 97 Terms used
  •  
  • 98 Fees for instruction and charges, limits on imposing
  •  
  • 99 Charges etc. for materials, services and facilities, determining etc.
  •  
  • 100 Extra cost optional component of educational programme, determining cost for etc.
  •  
  • 101 Optional components that are not extra cost optional components to be available to certain students
  •  
  • 102 Charges etc. to be paid to principal
  •  
  • 103 Overseas and adult students to pay fees for instruction
  •  
  • 104 Reduction etc. of fees etc., regulations about
  •  
  • 105 Students (other than overseas and adult students) cannot be excluded for non-payment of charges
  •  
  • 106 Recovering fees etc.
  •  
  • 107 Agreements to pay costs not affected
  •  
  • 108 Items to be supplied by student for personal use in educational programme, determining etc.
  • Subdivision 2 -- School funds  
  • 109 General Purposes Fund, each school has
  •  
  • 110 Funds for donations etc., establishing
  •  
  • 111 Management of school funds
  •  
  • 112 Money to be credited to General Purposes Fund etc.
  •  
  • 113 Bank account for school funds
  •  
  • 114 Financial Management Act 2006 s. 8 and 34, application of to s. 109 to
  •   115. Investment of school funds  
  • 116 Closure etc. of school, how school funds to be dealt with in case of

Division 7 -- Other management provisions  

  • 117 School year for government schools, how determined
  •  
  • 118 Disputes and complaints, regulations for dealing with
  •  
  • 119 School premises, regulations for management etc. of
  •  
  • 120 Non-student disrupting school etc., powers to deal with
  •  
  • 121 Certain information not to be disseminated on school premises
  •  
  • 122 Parent on s. 19 register, principal etc. may deal with exclusively
  •  
  • 123 General management of schools, regulations for

Division 8 -- Parent and community involvement

Subdivision 1 -- School Councils  
  • 124 Terms used
  •  
  • 125 Each government school to have Council for school
  •  
  • 126 Exemptions from and approvals for s.
  •  
  • 127 Council, members of etc.
  •  
  • 128 Council, functions of
  •  
  • 129 Additional functions of Council, Minister may approve
  •  
  • 130 Additional functions of incorporated Council, Minister may approve
  •  
  • 131 Property acquired by incorporated Council vests in Minister
  •  
  • 132 Council cannot intervene in certain matters
  •  
  • 133 Powers of Council
  •  
  • 134 Support services for Council, principal to provide
  •  
  • 135 Minister may direct Council
  •  
  • 136 Procedures of Council
  •  
  • 137 Protection from personal liability
  •  
  • 138 Minister may dismiss unincorporated Council
  •  
  • 139 Incorporated Council, winding up
  •  
  • 140 Regulations about Councils
  • Subdivision 2 -- Parents and Citizens’ Associations  
  • 141 Terms used
  •  
  • 142 Forming association
  •  
  • 143 Objects of and limits on associations
  •  
  • 144 Property acquired by association vests in Minister
  •  
  • 145 Association formed after 1 Jan 2001, incorporation of
  •  
  • 146 Transitional provisions for association existing at 1 Jan 2001
  •  
  • 147 Association to give certain information to principal
  •  
  • 148 Winding up association
  •  
  • 149 Other associations, forming etc.

PART 4 -- Non-government schools

Division 1 -- Preliminary  

  • 150 Terms used
  •  
  • 151 Term used: chief executive officer
  •  
  • 152 Delegation by chief executive officer
  •  
  • 153 Minister may direct chief executive officer

Division 2 -- Offences  

  • 154 Establishing or conducting an unregistered school
  •  
  • 155 Making false representations
  •  
  • 156A Schools to be conducted in accordance with registered information
  •  
  • 156B Notice to be given to CEO about changes to governing bodies of schools
  •  
  • 156C Minister or CEO may require information about registered schools

Division 3A -- School planning proposals require an advance determination  

  • 156 What is a school planning proposal
  •  
  • 157A Application for advance determination
  •  
  • 157B Minister may make advance determination
  •  
  • 157C Policy direction for advance determinations
  •  
  • 157 Notice to be given about decisions on advance determinations

Division 3B -- Registration of non-government schools

Subdivision 1 -- Applications and requirements  
  • 158A When advance determination required before making application under this Division
  •  
  • 158 Application for registration
  •  
  • 159A Application for renewal of registration
  •  
  • 159B Application for registration change
  •  
  • 159 Standards for non-government schools
  •  
  • 160 Determining applications for registration and renewal of registration
  •  
  • 161A Determining applications for registration change
  •  
  • 161B Notice to be given about decisions under this Subdivision
  • Subdivision 2 -- Register and certificates of registration  
  • 161 Register of non-government schools to be kept
  •  
  • 162 Certificate of registration
  •  
  • 163A Surrender of certificate of registration
  •  
  • 163 Period of registration
  • Subdivision 3 -- Notices, conditions, directions and cancellations  
  • 164 Continuing suitability of governing body
  •  
  • 165A Quality improvement notices
  •  
  • 165 Conditions of registration
  •  
  • 166 Directions to comply
  •  
  • 167A No new enrolments while a direction is outstanding
  •  
  • 167 Cancelling registration

Division 3C -- Review of decisions under Divisions 3A and 3B  

  • 168 Review of certain decisions

Division 3 -- Non-government school systems

Subdivision 1 -- Recognition of systems  
  • 169 Recognized school system, declaration of
  •  
  • 170 Revoking s. 169 order
  •  
  • 171 School system may accept certain schools as members of system
  •  
  • 172 School in school system may withdraw from system
  • Subdivision 2 -- System agreements  
  • 173 System agreement, Minister may make etc.
  •  
  • 174 Content of system agreement
  •  
  • 175 Termination of system agreement

Division 4 -- Inspection of registered schools  

  • 176 Inspection of registered school after notice given
  •  
  • 177 Inspection of registered school with no notice
  •  
  • 178 Inspector under s. 176 or 177 to produce certificate of authority
  •  
  • 179 Obstructing inspector, offence

Division 5 -- Funding  

  • 182 Money appropriated for registered schools, allocation of
  •  
  • 183 Purposes etc. for which allocations will be made, orders as to etc.
  •  
  • 184 Contents of s. 183 orders
  •  
  • 185 Minister may require school to account for allocated moneys

Division 6 -- Loans for capital works  

  • 186 Minister’s powers to lend moneys
  •  
  • 187 Minister may borrow moneys to make s. 186 loan
  •  
  • 188 Operating account for s. 186 and 187 moneys
  •  
  • 189 Treasurer’s guarantee for moneys borrowed under s.
  •  
  • 190 Payments under s. 189 guarantee

PART 5 -- Community kindergartens

Division 1 -- Preliminary  

  • 191 Term used: governing body

Division 2 -- Registration of community kindergartens  

  • 192 Registration, general provisions as to
  •  
  • 193 Application for registration
  •  
  • 194 Matters to be considered by Minister
  •  
  • 195 Grant or refusal of registration
  •  
  • 196 Minister to notify decision within 3 months
  •  
  • 197 Certificate of registration; register of registered kindergartens
  •  
  • 198 Amending etc. conditions of registration
  •  
  • 199 Who can attend registered kindergarten
  •  
  • 200 Cancelling registration, Ministers’ functions as to
  •  
  • 201 Decision as to registration, review of

Division 3 -- Operation and management of community kindergartens  

  • 202 Minister may direct registered kindergarten as to standards
  •  
  • 203 Governing body of kindergarten, role of
  •  
  • 204 Teaching staff etc., appointment of
  •  
  • 205 Teaching staff, functions of
  •  
  • 206 Curriculum and enrolment
  •  
  • 207 Fee for instruction and charges
  •  
  • 209 Person disrupting kindergarten etc.; disseminating information on kindergarten premises
  •  
  • 210 Moneys appropriated for kindergartens, allocation of
  •  
  • 211 Minister may require kindergarten to account for allocated moneys
  •  
  • 212 Regulations about kindergartens

PART 6A -- Student residential colleges

Division 1 -- Preliminary  

Division 2 -- Establishment of student residential colleges  

  • 213B Establishing student residential colleges
  •  
  • 213C Closing or amalgamating student residential colleges

Division 3 -- Administration of student residential colleges

Subdivision 1 -- Operation and management  
  • 213D Operation and management of student residential colleges
  •  
  • 213E Powers of Minister relating to student residential colleges
  •  
  • 213F Treasurer to consider proposals under s. 213E(2)(c)
  •   213G. When money paid for advertising or sponsorship to be paid to student residential college’s General Purposes Fund  
  • 213H Sections 120 and 121 have effect in respect of student residential colleges
  • Subdivision 2 -- Regulations and code of conduct  
  • 213I Regulations about student residential colleges
  •  
  • 213J Code of conduct for students
  • Subdivision 3 -- Power of Minister to grant licences  
  • 213K Licences by Minister for use of tangible property relating to student residential colleges
  •  
  • 213L When money paid under licence to be paid to a General Purposes Fund

Division 4 -- LINC committees  

  • 213M LINC committees
  •  
  • 213N Membership of LINC committees
  •  
  • 213O Functions of LINC committees
  •  
  • 213P Regulations about LINC committees

Division 5 -- Financial provisions

Subdivision 1 -- Fund for each student residential college  
  • 213Q General Purposes Fund for each student residential college
  •  
  • 213R Funds for other moneys received for a student residential college
  •  
  • 213S Management of college funds
  •  
  • 213T Money to be credited to college funds
  •  
  • 213U Bank account for college funds
  •  
  • 213V Financial Management Act 2006 s. 8 and 34, application of to s. 213Q to 213U
  •   213W. Investment of college funds  
  • 213X Dealing with college funds on closure or amalgamation of a college
  • Subdivision 2 -- Student Residential Colleges Fund  
  • 213Y Student Residential Colleges Fund
  •  
  • 213ZA Minister’s power to borrow money

PART 6 -- Administration

Division 1 -- The Minister  

  • 213 Terms used
  •  
  • 214 “Minister for Education” is body corporate etc.
  •  
  • 215 Property vested in Minister
  •  
  • 216 Powers of Minister
  •  
  • 217 Treasurer to consider proposals under s. 216(2)(c)
  •   218. Licences by Minister for use of tangible property, other than property relating to student residential colleges  
  • 220 When money paid under licence to be paid to school’s General Purposes Fund
  •  
  • 221 When money paid for advertising or sponsorship to be paid to school’s General Purposes Fund
  •  
  • 222 Exempting school from Act, Minister’s powers as to
  •  
  • 223 Decision as to individual student, review of by Minister
  •  
  • 224 Delegation by Minister
  •  
  • 225 Subdelegation by CEO, Minister may permit
  •  
  • 226 Documents presumed duly executed
  •  
  • 227 Application of Financial Management Act 2006

Division 2 -- The department  

  • 228 Department to assist in administration of Act, other than in relation to non-government schools and students attending non-government schools
  •  
  • 229 Term used: chief executive officer
  •  
  • 230 Delegation by chief executive officer
  •  
  • 231 Minister may direct chief executive officer
  •  
  • 232 Chief executive officer may direct principal
  •  
  • 233 CEO’s Instructions, issue of etc.

Division 3 -- Staff employed in the department  

  • 234 Terms used
  •  
  • 235 Categories of staff to be employed
  •  
  • 236 Engaging etc. teaching staff, other officers and wages staff
  •  
  • 237 Teaching staff, classes of
  •  
  • 238 Transfer etc. of teacher to another category of employee
  •  
  • 239 Teaching staff and other officers, substandard performance by and discipline of
  •  
  • 240 Employee may be ordered to leave school premises

Division 4 -- Advisory panels  

  • 241 Advisory panels, establishing etc.

PART 7 -- Miscellaneous  

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