Version User Scope of changes
Aug 13 2009, 9:01 PM EDT (current) YouthLaw 619 words added, 1 photo added
Aug 13 2009, 9:00 PM EDT YouthLaw

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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.