19 Principal may preclude student for health reasons

(1)

A principal of a State school who believes on reasonable grounds that a student—

(a)

is not clean enough to keep attending the school; or

(b)

may have a communicable disease (within the meaning of the Health Act 1956),—

may preclude the student from the school.

(2)

Forthwith after precluding a student from school under subsection (1), the principal shall make all reasonable efforts to tell—

(a)

the board; and

(b)

either the student (in the case of a student who has turned 20) or the student’s parents (in every other case); and

(c)

in the case of a student precluded under subsection (1)(b), the Medical Officer of Health,—

that the student has been precluded, and why.

(3)

Where a student has been precluded from a State school for being not clean enough, the board shall have the matter looked into; and shall either cancel the preclusion or confirm that the student should stay precluded until the principal is satisfied that the student is clean enough to go back to school.

(4)

Where a student has been precluded from a State school on suspicion of having a communicable disease, the board shall have the matter looked into; and shall either cancel the preclusion or confirm that the student should stay precluded until the board has received a certificate from a doctor stating that the student is well enough to go back to school.

(5)

Where any person is charged with an offence against section 29 (which relates to ensuring the attendance of students at school)—

(a)

it is a defence to the charge if it is proved that—

(i)

the student did not attend because precluded for having a communicable disease; and

(ii)

the time for which the student did not attend was no longer than was necessary for the board to cancel the preclusion or the student to get well enough to go back to school (as the case may be); and

(b)

except to the extent set out in paragraph (a), it is not a defence to the charge that the student did not attend because precluded under subsection (1).

(6)

No principal or board is liable for any act done or omitted—

(a)

in good faith; and

(b)

with reasonable care; and

(c)

in pursuance or intended pursuance of a power or duty given or imposed by this section.

Compare: 1964 No 135 s 193B

Section 19 heading: amended, on 19 December 1998, by section 9 of the Education Amendment Act (No 2) 1998 (1998 No 118).

Section 19(1): amended, on 19 December 1998, by section 9(a) of the Education Amendment Act (No 2) 1998 (1998 No 118).

Section 19(2): amended, on 19 December 1998, by section 9(b) of the Education Amendment Act (No 2) 1998 (1998 No 118).

Section 19(2): amended, on 19 December 1998, by section 9(c) of the Education Amendment Act (No 2) 1998 (1998 No 118).

Section 19(2)(c): amended, on 19 December 1998, by section 9(c) of the Education Amendment Act (No 2) 1998 (1998 No 118).

Section 19(3): amended, on 19 December 1998, by section 9(c) of the Education Amendment Act (No 2) 1998 (1998 No 118).

Section 19(3): amended, on 19 December 1998, by section 9(d) of the Education Amendment Act (No 2) 1998 (1998 No 118).

Section 19(4): amended, on 19 December 1998, by section 9(c) of the Education Amendment Act (No 2) 1998 (1998 No 118).

Section 19(4): amended, on 19 December 1998, by section 9(d) of the Education Amendment Act (No 2) 1998 (1998 No 118).

Section 19(5)(a)(i): amended, on 19 December 1998, by section 9(c) of the Education Amendment Act (No 2) 1998 (1998 No 118).

Section 19(5)(a)(ii): amended, on 19 December 1998, by section 9(d) of the Education Amendment Act (No 2) 1998 (1998 No 118).

Section 19(5)(b): amended, on 19 December 1998, by section 9(c) of the Education Amendment Act (No 2) 1998 (1998 No 118).