Education Amendment Bill clarifies when and why schools can expel or suspend students

Under the Education Amendment Bill 2022, students can be suspended for unsafe or non-compliant behaviour even if it doesn't happen on school premises, as in the case of cyber bullying.

Students can be suspended for behaviour that persistently reduces the safety or effectiveness of the learning environment, or poses an unacceptable risk to the safety of another student, staff member or someone else at the school.

Principals will be responsible for investigating the circumstances leading up to the suspension and providing adjustments for students with disabilities or complex care needs.

They also need to have exhausted all reasonable alternatives before resorting to removing a child from the school.

The principal must involve the parents and student in the decision to suspend the student by giving them written notice on the reasons for suspension and giving them a chance to have their views heard.

But if the student's behaviour poses an immediate risk to others, for example the student was physically violent, the principal can verbally suspend the student immediately and give written notice later.

The maximum period for suspension is 20 school days and cannot start immediately after another suspension.

Ms Berry said reports from the royal commission into violence, abuse, neglect and exploitation of people with disability showed that people with a disability were disproportionately suspended and expelled from schools.

"These amendments will support school communities and systems to navigate what can at times be perceived as a tension," Ms Berry said.

Association of Independent Schools of the ACT executive director Andrew Wrigley said it would not be a major shift for schools when considering suspensions or expulsions.

"It's about supporting the student, it's about helping the family support the student, it's about the student returning in a positive way," Mr Wrigley said.

"So that's been fundamental to how schools use suspensions anyway."

Advocacy for Inclusion head of policy Craig Wallace said the fact that a suspension would trigger a review to disability accommodations was positive.

"We would argue that the project here is about preventing students from getting on a suspension or an expulsion pathway," Mr Wallace said.

"It is to ensure that students with disability don't wind up on that pathway in a sense. When they do and, they do all too often regrettably, it's almost too late."

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The coronial inquest into the death of Bradyn Stuart Dillon has prompted changes to the student movement register.

Non-government schools will need to update the register if a student is unenrolled within five days.

Ms Berry said the Education Directorate will be responsible for overseeing the movement of students across all school sectors, including following up with students who have not re-enrolled at a new school or registered for home education.

"This is a critical expansion of the directorate's role to ensure all children and young people in the ACT are connected with education and the protective factors that education brings."

Non-government schools will be under a new registration and review system.

Ms Berry said the vast majority of non-government schools had high quality services and were compliant with legislation, but the new scheme will give clear registration standards.

The explanatory statement for the bill said the changes for non-government schools were partly shaped by the Human Rights Commission's report into Brindabella Christian College.

Schools will go from a five-yearly school registration cycle to ongoing registration with regular reviews overseen by a registration standards advisory board.

"Should a school be found to be non-compliant with the act, amendments have been made to enable regulatory action to be taken which is proportionate to the instance of noncompliance," Ms Berry said.

"These amendments mean that the community can continue to be confident in the education provided by the non-government sector and know that oversight of the registration of these schools is supported by a strong set of registration standards and the advice of an advisory board comprised of members with appropriate experience and expertise."

Mr Wrigley said the continuing registration was a positive change for independent schools and brought the ACT into line with other jurisdictions.

"I think that the way that this has been reworked and amended actually provides a great sense of validity to the schools and also retains the minister as being the person who registers and who needs to be confident that schools are doing what they're doing."

The government has changed the bill commencement date to December 20 this year to allow schools more time to prepare for the changes.

The Education Amendment Bill passed with tripartisan support.

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