Education Legislation Act 2016

8 Section 65B amended (Terms)

Replace section 65B(2) and (3) with:

(2)

Every board must ensure that each school it administers is open for instruction for 1 half-day that finishes at or before noon and 1 half-day that starts at or after noon on every day during the terms prescribed, ascertained, or determined under subsection (1).

(3)

However, a board may vary the time at which any 1 or more half-days take place (for example, by starting a second half-day before noon) if the board—

(a)

has adequately consulted parents, staff, the local community, and any other person who the board considers may be affected, about the proposed variation and it is generally acceptable; and

(b)

is satisfied that the adoption of the proposal will not result in the students of the school spending less time in school than other students in comparable schools and other local schools; and

(c)

has taken all reasonable steps to notify students and parents in writing of the board’s final decision on the proposed variation.

(3A)

A board may also vary the time at which any 1 or more half-days take place without satisfying the requirements in subsection (3)(a) if—

(a)

the variation is made for operational reasons; and

(b)

the variation applies for no more than 2 days; and

(c)

the board has not made a variation under this subsection during the previous 6 weeks.

(3B)

A student enrolled at a State school must comply with section 25 even if the school’s board varies the time of any 1 or more half-days.

(3C)

On any day, a school is not open for instruction at all if it is open for less than 1 half-day.

(3D)

To avoid doubt, if a school opens on any day for only 1 half-day, that half-day may be counted towards the number of half-days prescribed by the Minister under section 65A(1).