These rules may be cited as the Education (Stand-down, Suspension, Exclusion, and Expulsion) Rules 1999.

These rules come into force on 12 July 1999.

In these rules,—

Words defined in the Act have the same meanings in these rules.

In these rules, board means a board constituted under subpart 5 of Part 3 of the Act.

Any document that these rules require to be given must be given by the method in subclause (2) that, in the opinion of the person giving the document, is most likely to ensure that the document reaches the person for whom it is intended.

The methods by which a document may be given are—

A document posted under subclause (2)(b) is deemed to have been delivered to the person at the time it would have been delivered in the ordinary course of post. For the purposes of proving delivery,—

A document sent under subclause (2)(c) is deemed, in the absence of proof to the contrary, to have been delivered on the day after the day on which it was sent, and it is sufficient proof of sending that a correct machine-generated acknowledgement of receipt exists.

These rules regulate the practice and procedure to be followed under sections 80 to 88 of the Act,—

The processes dealt with in sections 80 to 88 of the Act are—

The practices and procedures dealt with in these rules are in rules 8 to 21.

Every participant in the processes, practices, and procedures dealt with in sections 80 to 88 of the Act and these rules should be guided by the following principles:

A principal or person responsible for teaching and learning in a charter school who wants a student to absent himself or herself from school for disciplinary reasons, or who wants a parent to remove a student from school for disciplinary reasons, may bring about the absence or the removal only by standing-down or suspending the student under section 80(1) of the Act.

A principal or person responsible for teaching and learning in a charter school who has stood-down or suspended a student must ensure that the student and a parent of the student are, as soon as practicable, given the information on stand-downs or suspensions provided by the Ministry for the purpose.

A principal or person responsible for teaching and learning in a charter school telling the Secretary about a stand-down or suspension must ensure that the Secretary is given the information about the stand-down or suspension, under section 88(1) or (2) of the Act, in the form that the Secretary requests.

A principal or person responsible for teaching and learning in a charter school who has stood-down a student may cause a stand-down meeting to be arranged.

A principal or person responsible for teaching and learning in a charter school who, having stood-down a student, is asked by the student or a parent of the student for a stand-down meeting—

As a consequence of a stand-down meeting, the principal or person responsible for teaching and learning in a charter school may be satisfied that reasonable grounds for the stand-down did not exist under section 80(1) of the Act. In that case, the principal or person responsible for teaching and learning in a charter school must—

In exercising the discretion under section 80(3)(a), the principal or person responsible for teaching and learning in a charter school must take into account, for the purposes of section 84(2) to (3), that an appropriate educational programme for the student may include the need for the student—

A principal or person responsible for teaching and learning in a charter school who has suspended a student must ensure that a report that contains all information relevant to the suspension is written for the board or sponsor (as the case may be).

The board or sponsor must ensure that a student who has been suspended, and the student’s parents are given the following as soon as practicable after the suspension:

The board or sponsor must ensure that the following material is given, in writing, to the student and the student’s parents within the time described in subclause (3):

The material must be given to the student and the student’s parents at a time that enables it to reach them at least 48 hours before the meeting (or within a shorter time agreed by all the parties).

The board or sponsor must allow an adjournment in a suspension meeting if any of the following asks the board or sponsor to do so because the person making the request needs time to consider new information:

In subclause (1), new information means information—

In deciding on the period of the adjournment, the board or sponsor must have regard to the amount of time that the person making the request needs, in the person’s particular circumstances, to consider the information.

Before deciding at a suspension meeting whether to lift or extend the suspension or exclude or expel the student, the board or sponsor must—

The board or sponsor may—

Before making its decision, the board or sponsor may try to get all the parties at the meeting to agree on what the decision should be.

The board or sponsor must record its decision, and the reasons for it, in writing.

This rule applies when a board or sponsor extends a suspension under any of sections 81(1)(b) or (3) or 83(1)(b) or (3) of the Act for a period of 4 weeks or more.

The board or sponsor must monitor the progress of the suspended student by ensuring that it receives, at each regular board meeting or meeting of the sponsor after the suspension, a written report on whether the student is meeting the conditions imposed and progressing with any educational programme provided.

The principal or person responsible for teaching and learning in a charter school must ensure that the student and a parent of the student are given a copy of any such report as soon as practicable.

If the board or sponsor agrees to a request made by the principal or person responsible for teaching and learning in a charter school under section 81(3) or 83(3) of the Act, the board or sponsor must hold a reconsideration meeting about the student’s case.

The meeting must be held—

The board or sponsor must ensure that a student who has been suspended, and a parent of the student are given written notice of the time and place of the reconsideration meeting as soon as practicable after the board or sponsor decides to hold the meeting.

The board or sponsor must ensure that the following material is given, in writing, to the student and the parent within the time described in subclause (3):

The material must be given to the student and the parent at a time that enables it to reach them at least 48 hours before the meeting (or within a shorter time agreed by all the parties).

As soon as practicable after the board or sponsor has made a decision on its reconsideration of the suspension under section 81(3) or 83(3) of the Act, the principal or person responsible for teaching and learning in a charter school must ensure that the Secretary is given the information about the decision, under section 88(3) of the Act, in the form that the Secretary requests.