25A Release from tuition on religious or cultural grounds

(1)

A student aged 16 and above, or the parent of a student aged under 16, may ask the principal to release the student from tuition in a particular class or subject.

(1A)

A request under subsection (1) must be made in writing, and at least 24 hours before the start of the tuition.

(1B)

This section applies only to students enrolled at a State school that is not a State integrated school.

(2)

Unless satisfied that—

(a)

the parent or student (as the case may be) has asked because of sincerely held religious or cultural views; and

(b)

the student will be adequately supervised (whether within or outside the school) during the tuition,—

the principal shall not release the student.

(3)

Upon receiving a request from a parent under subsection (1), the principal must, before agreeing to release the student, take all reasonable steps to find out the student’s views on the matter.

(4)

Subject to subsection (2), the principal shall release the student from the tuition and (if the student is to be supervised outside the school) let the student leave the school during the tuition unless satisfied, in the light of—

(a)

the student’s age, maturity, and ability to formulate and express views; and

(b)

any views the student has expressed,—

that it is inappropriate to do so.

(5)

Nothing in this section limits or affects section 79 of the Education Act 1964.

Section 25A: inserted, on 1 January 1992, by section 6(1) of the Education Amendment Act (No 4) 1991 (1991 No 136).

Section 25A(1): replaced, on 25 October 2001, by section 10(1) of the Education Standards Act 2001 (2001 No 88).

Section 25A(1A): inserted, on 25 October 2001, by section 10(1) of the Education Standards Act 2001 (2001 No 88).

Section 25A(1B): inserted, on 25 October 2001, by section 10(1) of the Education Standards Act 2001 (2001 No 88).

Section 25A(1B): amended, on 19 May 2017, by section 31 of the Education (Update) Amendment Act 2017 (2017 No 20).

Section 25A(2)(a): amended, on 25 October 2001, by section 10(2) of the Education Standards Act 2001 (2001 No 88).

Section 25A(3): replaced, on 25 October 2001, by section 10(3) of the Education Standards Act 2001 (2001 No 88).