The Genuine Legal Conflict for School Boards

There is media fuss today around the resistance of schools in terms of excluding students excluded from other schools. The NZ Herald highlights statistics that 100s of schools appear to be reluctant and three remain outright resistant.

The article highlights the legal obligation for schools to accept students in their zone. This can be ordered through a Ministry letter. Schools can also fight for extra resourcing for one of these previously excluded students – but don’t always get it.

What the media people are missing today is the other important legal obligation that is often in direct conflict with that of accepting students. The obligation is the very heavy requirements to provide a safe environment for students and staff. If they fail to do so the sanctions can be very punitive and significant.

Having been on both State and Private School Boards you can live in fear when accepting students with very poor discipline records. I know of schools that have been required to accept – a youth offender that had killed during a robbery, and arsonist, drug sellers, habitually violent youth (against teachers and students), sexual offenders, habitual thieves, etc. A Board of Trustees nightmare is the death or maiming of a staff member or students – but there are a whole range of other harms.

This is a way bigger discussion than – “schools are required by law to enrol these students.”

Alwyn Poole
Innovative Education Consultants Ltd
www.innovativeeducation.co.nz
alwynpoole.substack.com
www.linkedin.com/in/alwyn-poole-16b02151/

PS: Part of a discussion here on the effects of draconian rules for students changing schools for sporting opportunities: https://www.nzherald.co.nz/sport/rugby/school-rugby/first-xv-rugby-wrap-the-lost-points-of-dilworth-to-auckland-grammar/IH3VJJ6CVRDZRMB4J6NYRWUVZE/

PPS: A privilege to be on Duncan’s yesterday show (20 minutes into the link) on Charter Schools