Page 892 - Week 03 - Thursday, 7 April 2022
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The ACT Future of Education Strategy, released in 2018, outlines the ACT government’s vision for the next 10 years for improved education for all ACT students in all schools that will build their skills and capabilities, and meet the needs and aspirations of our next generation.
Through the Future of Education Strategy, one of the first actions under the foundation of “systems supporting learning” is to review and amend the act. This bill is part of a third phase of amendments to the act. The first phase was through the Education (Child Safety in Schools) Legislation Bill 2018 and the second phase was through the Education Amendment Bill 2020.
These amendments will clarify and update the processes for suspension, transfer, expulsion and exclusion for all schooling sectors; strengthen the reporting of unenrolments, terminations of contract, transfers, expulsions and exclusions by all schooling sectors; clarify the role of non-government school principals and proprietors, and their legislative and compliance obligations; streamline the non-government school registration process and requirements, including a shift from periodic registration to ongoing registration with risk-based reviews; and amending the powers of the registrar to review and support compliance with the act in non-government schools, in consultation with a registration standards advisory board.
The amendments proposed in the bill have been developed in consultation with key stakeholder groups, including the Association of Independent Schools of the ACT; Catholic Education, Archdiocese of Canberra and Goulburn; education unions; parent and citizen associations; students; and relevant statutory authorities. These stakeholders are key partners in delivering the reforms proposed by the bill and they, like this government, are committed to ensuring that children have access to high quality education and that our students stay connected to the education system.
Reports such as the interim report of the Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability have identified that nationally there are reports of disproportionate use of suspensions and expulsions for students with disability. Therefore the sections in the Education Act 2004 relating to suspensions, transfers and exclusions were identified as needing reform to provide clarity for when and why they can be used and to also provide safeguards for all students, including students with disability.
In the current act, provisions relating to suspensions are combined with exclusions and transfers in one section. This applies to government, Catholic system and independent schools. The amalgamation of three different concepts within the one section has caused significant confusion for schools, parents and students. In clarifying and updating the processes for suspension, transfer, expulsion and exclusion for all schooling sectors we have separated out these concepts into discrete sections and provided a meaning of “unsafe or noncompliant behaviour”, which is the rationale for enacting a suspension, transfer, expulsion or exclusion.
We have also added in the requirement to exhaust all reasonable alternatives before deciding to suspend, transfer, expel or exclude a student, and clearly outlined the requirements for communicating with parents and students for any of these actions.
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