Education and Training Act 2020

87 Re-enrolment of excluded or expelled student

(1)

The board of a State school from which a student has ever been excluded or expelled may refuse to enrol the student at the school (unless, in the case of an exclusion, the Secretary has lifted the exclusion under section 82(1)(a)).

(2)

Subject to section 82(1)(b), the board of a State school may refuse to enrol a student who is for the time being excluded or expelled (whether under section 81 or 83) from another State school.

(3)

The Secretary may, in the case of a student who has turned 16 years, direct the board of another State school (other than a State integrated school) to enrol a student at the school if—

(a)

the student has been expelled from a State school under section 83; and

(b)

the Secretary has made all reasonable attempts to consult—

(i)

the student; and

(ii)

a parent of the student; and

(iii)

the board; and

(iv)

any other person or organisation that, in the Secretary’s opinion, may be interested in, or able to advise on or help with, the student’s education or welfare.

(4)

A board must comply with a direction under subsection (3) and the direction overrides any enrolment scheme the school may have in place.

Compare: 1989 No 80 s 17D