New Zealand Legislation: Acts

35AA Suspensions and expulsions of students from private schools to be notified to Secretary

• (1) Immediately after a student has been suspended from attendance at, or expelled from a school registered under section 35A, the school's principal or head teacher must give the Secretary—

  • (a) written notice of—

    • (i) the student's name and last known address; and

    • (ii) the day on which the student was suspended or expelled (or, if the student was first suspended and later expelled, the days on which the student was suspended and expelled, and the length of the suspension (if applicable)); and

  • (b) a written statement of the reasons for the student's suspension or expulsion.

  (2) Unless the student is within a reasonable time reinstated at the school or enrolled at some other registered school, the Secretary must (if the student is younger than 16) and may (if the student is 16 or older)—

  • (a) arrange for the student to be enrolled at some other reasonably convenient registered school that the student can attend; or

  • (b) direct the board of a State school (that is not an integrated school) to enrol the student at the school; and, in that case, the board must do so; or

  • (c) direct a parent of the student to have the student enrolled at a correspondence school.

  (3) The Secretary may not give a direction under subsection (2) unless the Secretary has also made all reasonable attempts to consult the student, the student's parents, the board, and any other person or organisation that, in the opinion of the Secretary, may be interested in, or able to advise on or help with, the student's education or welfare.

  (4) A direction under subsection (2)(b) overrides section 11M.

  Section 35AA: inserted, on 19 December 1998, by section 13 of the Education Amendment Act (No 2) 1998 (1998 No 118).