A brief guide to your rights at schoolThis is a featured page

School - Youthlaw Tino Rangatiratanga Taitamariki

  • You have the right to a free education between 5 and the end of the year in which you turn 19, or 21 if you receive special education.
  • You have the right to feel safe at school.


Discipline (such as detentions)
  • Discipline should be reasonable; it can’t be cruel or degrading.
  • You can’t be hit or verbally abused by school staff.
  • A whole class can’t be punished if only some students have misbehaved.
Searches
  • If you freely agree to a teacher searching either you or your bag it will be lawful. So you must say if you don’t agree.
  • If you don’t freely agree to the search and the search, and the search seems unreasonable (e.g. teacher doesn’t have good reason to think you have the item) it may be unlawful.
  • Teachers can’t search whole classes without each student’s consent. If you do not agree and you think the search of yourself seems unreasonable, it may be unlawful.
  • Teachers can’t use physical force to search you or your bag.
  • The police can search you for drugs at school even if you don’t agree to it but they must either arrest you, have a search warrant or have reasonable grounds to believe you are carrying drugs, OR that these are on the school grounds.
Confiscations
  • Teachers can confiscate items that disturb the class or are against school rules.
  • If the item is not returned within a reasonable time ask the Dean or Principal for its return.
  • Teachers should take care of the item until they give it back, though they may give weapons or drugs to the police.
Suspensions / Expulsions
You can’t be sent home or kept out of school unless you are “stood-down” or “suspended” by the principal.


You can only be stood down/suspended if you:
    • do something very serious which is a bad example to other students; or
    • get in trouble a lot, setting a bad example to other students; or
    • do something that is dangerous to yourself or other students.
If the principal stands you down:
    • you can only be kept out of school for up to 5 school days at a time.
    • you can only be stood down for up to 10 school days in one year.
    • If you are suspended the school Board of Trustees must meet you and your family within 7 school days after the day of the suspension. If you are suspended within 7 school days of the end of term, then the meeting must be within 10 days.
The School Board of Trustees can decide to:
    • lift the suspension (either with or without reasonable conditions) and let you return to school; or
    • extend the suspension with reasonable conditions to help you return to school; or
    • exclude you from school so you have to enrol at another school (if you’re under 16); or
    • expel you so that you can’t return to that school but can apply to enrol at another school (if you’re 16 years or over).
Remember if you don’t follow the conditions set in 1) or 2) the Principal can ask the Board to reconsider its earlier decision about your suspension.
    • You have the right to have support people at the Board of Trustees meeting. This includes your lawyer.
    • During suspension you have the right to counselling and an education programme.
Remember
  • If you are questioned about a serious discipline matter you may feel uncertain, uncomfortable or confused.
  • You have the right not to say anything and can’t be forced to make a statement.
  • If you’re being questioned you should immediately ask for someone to support you.
  • It could be a parent or other family member, dean, teacher, guidance counsellor, youth advocate or any other person you trust.


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Latest page update: made by YouthLaw , Aug 13 2009, 9:01 PM EDT (about this update About This Update YouthLaw Edited by YouthLaw

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Anonymous Inappropriate Computer Useage 1 Jul 13 2010, 8:38 PM EDT by YouthLaw
 
Thread started: Jun 9 2010, 2:18 AM EDT  Watch
MY daughter (Yr 13) has been blocked from internet access (along with 69 other pupils and 1 teacher) for the rest of this term. Apparently they used a proxy server to access websites. The school cannot tell me what sites were accessed only that my daughter used the proxy server. This was not discussed with her and a blanket ban was put in place. Four of her subjects require frequent internet access for research and she is prevented from working with the rest of her class, so is falling behind with her work. Some students are luckier as they do not need as much access. I understand she has done womething wrong, but feel the punishment is detrimental to her achieving NCEA. There was no discussion about the situation. I received a letter in mail telling me about the blocked access. When I asked for advice on how to help her keep up with the work I was told it was not the school's problem. I was also told if my daughter was doing 5 subjects, instead of 4, it wouldn't have been as much as a problem regarding credits. I feel the school also had a responsibility to ensure the access to the proxy server was not there. I would rather she had 10 detentions than have a punishment that can effectively means she cannot participate in class instead of playing Oregon Trail as the others work. One of her teachers has already complained to the deputy principal, but to no avail. Your thoughts
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Anonymous CLASS DETENTION FOR ONE PERSON BEING NOUGHTY 1 Mar 28 2010, 8:12 PM EDT by YouthLaw
 
Thread started: Mar 9 2010, 7:28 AM EST  Watch
DO YOU THINK THIS IS RIGHT
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Anonymous Leaving school at 18 1 Oct 29 2009, 7:09 PM EDT by YouthLaw
 
Thread started: Oct 19 2009, 2:56 AM EDT  Watch
If you are 18, have enough credits for UE but have only one exam to sit can the school demand that you attend school everyday or can you ask to be allowed to leave (and work) and then go back for the exam?
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