Ministry Procedures and Definitions

It is important for all staff and community to understand the definitions of the legislative requirements that may occur when trying to deescalate an issue or when higher disciplinary matters occur. Below are several items that outline what the rules and regulations are about their implementation. This information has been sourced directly from the ministry of education sites. 


 

Stand Down, Suspension, Exclusion

  • Under the law Section 14 Education Act 1989 Principal may stand-down or suspend students – (1) The principal of a state school may stand-down or suspend a student if satisfied on reasonable grounds that
    (a) The student’s gross misconduct or continual disobedience is a harmful or dangerous example to other students at the school;

         or (b) Because of the student’s behaviour, it is likely that the student, or other students at the school, will be seriously harmed if the student is not stood-down or           suspended

  • Stand-down means the formal removal of a student from school for a specified period. Stand-downs of a particular student can total no more than five school days in a term or ten school days in a year.
  • Suspension means the formal removal of a student from school until the board of trustees decides the outcome at a suspension meeting.
    The board of trustees of a school is required to hold a meeting of the board, within seven school days of the suspension, to decide the outcome of a suspension (see Sections 15[4], 17[4] of the Act). Following a suspension, the board may decide to:

a lift the suspension without conditions

b lift the suspension with reasonable conditions

c extend the suspension with reasonable conditions for a reasonable period d exclude or expel the student.

  • Exclusion means the formal removal of a student aged under 16 from the school and the requirement that the student enrol elsewhere.
    Children in Primary Schools are not able to be expelled. This can only happen to students over the age of 16.
  • Please note the school principal can not simply exclude a student. That is not within his rights as the leader of the school. It will be the decision of the board to do so. However, this student must have met the threshold of 5 school days in a term or 10 days in a year or the suspension would not be deemed legal.
  • If a child is stood down or suspended with conditions, then there will be a reintegration meeting held with senior management to discuss a plan to ensure on the return of the child that they will have success at school. The stand down time allows the school to at times prepare funding applications, develop support programmes etc should these be deemed to be necessary

 

Ministry of Education link


 

Physical Restraint

Staff must focus on developing and using de-escalation strategies to prevent dangerous situations. It helps when staff plan together for these possible situations so that they know how to respond.

However, there are occasions when a student may need to be physically restrained to prevent imminent harm to the student or another person. Physical restraint involves the use of force to stop, restrict or subdue a student’s movement against their will. This is used in situations where no other options have worked or are available, to prevent harm. Situations like this could be:

  • Breaking up a fight
  • Stopping a student with a weapon
  • When furniture or other objects are thrown close to others who could be injured
  • Preventing a student from running onto a road.

Ministry of Education link <<< link was faulty

 


 

Seclusion

Seclusion is placing a child or student in a room involuntarily, alone, and from which they cannot freely exit, or believe they cannot freely exit. An action must meet all three of these tests to be considered seclusion.

At Ashhurst School we do not believe in the use of exclusion room practice. However at times the use of Time Out may be used as defined below.

Ministry of Education link


 

Time Out

Time out is an acceptable way to manage student behaviour. Time out means:

  • a child or student voluntarily takes themselves to an agreed space or unlocked room to calm down, or
  • a teacher prompts a disruptive child or student to work in another space.

It’s important for teachers to be very clear when using time out that the child or student is free to come out of the room whenever they choose. 

  • At Ashhurst School time out spaces are used as part of the "time and space" approach when dealing with a student who has escalated. At Ashhurst School, these spaces may occur in break out rooms that are attached or the time out space between the two deputy principal rooms. The following points must apply:
  1. The child will be asked if they can remove themselves to this space voluntarily first
  2. Staff will explain to the child the purpose of why they are in this space
  3. They will indicate to them they are free to leave if they need to talk to the teacher, or go to the toilet
  4. The child will have appropriate breaks
  5. The doors will be left open

 

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