Education Policy | Post Primary | Preschool | Primary | Tertiary | Search

 


Judge quashes school’s decision to exclude student

Press Release
24 February 2014

Judge quashes Green Bay High School’s decision to suspend then exclude special needs student.

The Honourable Justice Faire has released his decision after a hearing at the High Court last Wednesday 19th February 2014 where lawyers for the 14 year old boy with special needs sought a judicial review of Green Bay High School’s decision to exclude him in July 2013.

The Judge quashed the decision by Green Bay High School’s Principal to suspend the boy referred to as “A” in the judgement and the subsequent decision by the School’s Board of Trustees to exclude him.

The Judge states ““A” is a student with a significant disability which, at times, manifests itself in behavioural problems which include an inability to react when placed in a confrontational position. How he should be handled when placed in such a situation clearly required skill. It was predictable…The incident does appear to have been escalated by the teacher deciding to pursue “A” and requiring him to give up his skateboard. The approach to handling his behavioural issues had been recorded before the incident.”

The school did not follow that approach when dealing with A. They did not speak to his Mother or the psychologist who provided the school with the report and recommendations about managing his behaviour.

“That leads me to the position that there was not a sufficient investigation of the facts by the Principal before the decision to suspend was made.” He goes on to say that this was compounded by the Board of Trustees decision to exclude “A”. His behaviour did not meet the threshold for “gross misconduct”.

YouthLaw says the Court clearly found that the school acted illegally when suspending and excluding “A”, and clearly should have taken into account his special needs and recommendations made by his psychologist about managing his behaviour when making those decisions. Schools have an obligation to students with special needs to consider their responsibilities not only under the Education Act but also their rights as children with disabilities under the United Nations Convention on the Rights of the Child and the United Nations Convention for People with Disabilities.

We just hope that our client can be supported to return to mainstream education after 10 months out of school.

ENDS

© Scoop Media

 
 
 
 
 
Culture Headlines | Health Headlines | Education Headlines

 
Culture: Rare Hundertwasser Conservation Posters Found After 40 Years

When Jan and Arnold Heine put a roll of conservation posters into storage in 1974 they had no idea that 42 years later they would be collectors items. More>>

Scoop Review Of Books: The Stolen Island: Searching for ‘Ata by Scott Hamilton

Reviewed by Michael Horowitz
Located even further south than temperate Noumea, Tonga’s tiny island of ‘Ata might have become the jewel of the kingdom’s burgeoning tourist industry. Imagine a Tongan resort that would not only be mild in winter, but pleasant in summer. More>>

Reviewed by Michael Horowitz
Located even further south than temperate Noumea, Tonga’s tiny island of ‘Ata might have become the jewel of the kingdom’s burgeoning tourist industry. Imagine a Tongan resort that would not only be mild in winter, but pleasant in summer. More>>

Scoop Review Of Books: No Pretence. No Bullshit. Fine Poem.

John Dickson doesn’t publish much; never has. Indeed, this new collection is his first such in 18 years. As he wryly and dryly states,

I’ve published two slim volumes, and spent all
My time working on the next.
(from Wasp p.67) More>>

Scoop Review of Books: Extraordinary Anywhere: Essays On Place From Aotearoa NZ

The New Zealand landscape undoubtedly is very beautiful, but so is the British one, and my attachment to this country is much more about some particular places, and the memories and emotions that in them combine, than it is about the landscape as a whole. More>>

Canonisation Fodder: Suzanne Aubert Declared ‘Venerable’

Suzanne Aubert, the founder of the Sisters of Compassion New Zealand’s home grown order of Sisters, has been declared ‘venerable’, a major milestone on the path to sainthood in the Catholic Church. More>>

“I Have Not Performed Well Enough”: Ernie Merrick Leaving Wellington Phoenix

Ernie Merrick has stepped down from his position as Wellington Phoenix FC Head Coach. The club would like to thank Ernie for his contribution to Wellington Phoenix and wish him all the best in his future endeavours. More>>

Ray Columbus: NZ Music Icon Passes Away

60s New Zealand music Icon Ray Columbus has passed away peacefully at his home north of Auckland... Ray Columbus enjoyed more than three decades at the top of NZ entertainment as a singer, songwriter, bandleader, music manager and TV star. More>>

Review: Bernard Herrmann's Scores For 'Vertigo' & 'Psycho'

Howard Davis: The NZSO's adventurousness was richly-rewarded, as the deeply appreciative Wellington audience was given the opportunity not only to see a couple of Alfred Hitchcock's greatest films, but also to hear fine renditions of two of Bernard Herrmann's most accomplished film scores. More>>

ALSO:

Get More From Scoop

 
 

LATEST HEADLINES

 
 
 
 
Education
Search Scoop  
 
 
Powered by Vodafone
NZ independent news