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

 

Album Review: Donnie Trumpet And The Social Experiments: Surf

Chance the Rapper is one of my favourite rappers of the last couple years. He bought a uniquely fucked up, acid sound with his debut Acid Rap which has demonstrably influenced others including ILoveMakonnen and A$AP Rocky. It’s remarkable that, at such a ... More>>

Photos: Inside The Christchurch Arts Centre Rebuild

Lady Pippa Blake visited Christchurch Arts Centre chief executive André Lovatt, a 2015 recipient of the Blake Leader Awards. The award celebrated Lovatt’s leadership in New Zealand and hisand dedication to the restoration of the Arts Centre. More>>

Running Them Up The Flagpole: Web Tool Lets Public Determine New Zealand Flag

A School of Design master’s student is challenging the flag selection process by devising a web tool that allows the public to feed their views back in a way, he says, the current government process does not. More>>

ALSO:

Survey: ‘The Arts Make My Life Better’: New Zealanders

New Zealanders are creative people who believe being involved in the arts makes their lives better and their communities stronger. Nine out of ten adult New Zealanders (88%) agree the arts are good for them and eight out of ten (82%) agree that the arts help to improve New Zealand society. More>>

ALSO:

Wellington.Scoop: Reprieve For Te Papa Press

Following its review of the role of Te Papa Press, Te Papa has committed to continue publishing books during the museum’s redevelopment, Chief Executive Rick Ellis announced yesterday. More>>

Law Society: Sir Peter Williams QC, 1934 - 2015

“Sir Peter was an exceptional advocate. He had the ability to put the defence case for his clients with powerful oratory. His passion shone through in everything he did and said.” Mr Moore says Sir Peter’s lifelong commitment to prison reform was instrumental in ensuring prison conditions and the rights of prisoners were brought to public attention. More>>

ALSO:

CTU: Peter Conway – Family Statement

Peter committed his whole working life to improving the lives of working people, both in unions and, more recently, as the Economist and Secretary of the Council of Trade Unions. He was previously Chair of Oxfam New Zealand and was on the Board of NZ Trade and Enterprise. More>>

ALSO:

Get More From Scoop

 
 

LATEST HEADLINES

 
 
 
 
Education
Search Scoop  
 
 
Powered by Vodafone
NZ independent news