10337v5a Learners Guide

US 10337 v5a
Learner’s Guide
LEGAL STUDIES
Unit Standard 10337

Version 5 | Level 2 | Credit 3
Describe the legal

rights and personal
responsibilities of
secondary school
students
Licensed to:
Western Heights High School
2018 - 5a © ATC New Zealand
www.instant.org.nz
i
US10337v5a Learner's Guide Licensed to Western Heights High School

Describe the legal rights and personal responsibilities 02022017-US10337-136991 INSTANT Education Solutions
of secondary school students 5a © ATC New Zealand www.instant.org.nz
ii
About this
Learner’s Guide
Learning Purpose & Outcomes
In this guide you will learn how to describe the legal rights and personal responsibilities of
secondary school students.
Once you have successfully completed this course, you will be able to describe the following.
• Students’ legal rights in terms of the protections they provide
• Forms of discipline and their legal status
• The suspension process
• Students’ personal responsibilities
• The relationship between students’ legal rights and personal responsibilities.
A glossary containing difficult or technical terms has been provided at the end of this guide.
These words are highlighted in the main text.
Licensed to Western Heights High School US10337v5a Learner's Guide

02022017-US10337-136991 INSTANT Education Solutions Describe the legal rights and personal responsibilities
5a © ATC New Zealand www.instant.org.nz of secondary school students
iii

1
Contents
Legal rights of secondary school students 2

Where do legal rights come from? 2
The right to a free education and the right to attend school 4
An environment that enhances learning and respects the learner 5
Good guidance and counselling 6
Catering for special needs 7
Protection of personal safety 8
Freedom of expression and freedom from discrimination 10
Protection from unreasonable search 12
The Right to Privacy 13
Legal forms of school discipline 15

Written work 16
Detention 17
Extra work around school 18
Restorative practices 19
Removal from a lesson 20
Removal of privileges 21
Behaviour management programmes 22
Reprimand by Principal (in front of parent(s)/guardian) 23
Behaviour reports 24
Behaviour contracts 25
Stand-down 26
Illegal forms of discipline 29

Corporal punishment 30
Punishment which humiliates or degrades 31
Sending home 32
Internal suspension 33
Suspension 34
Legal grounds for suspension 35
Types of suspension 37
Procedures that must be followed 39
Personal responsibilities of secondary school students 40

Attendance 41
Compliance with school rules and standards 42
Non-infringement of others’ rights 43
Relationship between rights and responsibilities 49
Glossary 53

2
LESSON 1:
Legal rights of secondary

school students
Learning Objectives
In this lesson you will learn where the legal rights of secondary A space has been left
school students come from. You will also learn about the following on the right of every
legal rights. page for you to make
notes about what
Free education and the right to attend school you are learning.
An environment that enhances learning and respects the learner
Good guidance and counselling
Catering for special needs
Protection of personal safety
Freedom of expression and freedom from discrimination
Protection from unreasonable search
Rights to privacy
Where do legal rights come from?
There are a number of New Zealand laws that give rights to New
Zealanders, including secondary school students.
Privacy Act 1993: Human Rights Act 1993:

Gives secondary school Protects secondary
students rights in relation students from unl
to how their personal discrimination.
information can be collected,
used, stored, and disclosed.

3
LESSON 1: Legal rights of secondary school students
New Zealand Bill of Rights Children, Young Persons

Act 1990: and their Families Act 1989:
Protects the rights and Gives rights to all children
freedoms of all New and young people, including
Zealanders, including secondary school students,
secondary school students. in relation to having a happy
and safe home to live in.
Education Act 1989: Education Amendment

This ensures that all Act 1998:
children and young people This gives schools the right
aged 5 to 19 years have the to stand-down, suspend,
right to a free education. exclude, or expel students
in the event of gross
misconduct or continual
disobedience.
Many schools incorporate these legal rights into a school charter or

discipline policy.
School A compulsory legal document that sets

charter out the school’s aims, purposes, and
objectives.
Discipline A discipline policy outlines a secondary

policy school’s approach to discipline. It must
follow requirements outlined in the law. It is
decided on by a school’s Board of Trustees.

4
The right to a free education and the

right to attend school
Any person between the ages of 5 and 19 has the right to attend
a state school and receive a free education there. A school cannot
refuse to allow a student to go to a school if they live within that
school zone. All students must be allowed to attend a school. If
there is no school in the student’s area, the student has the right to
receive a free education via correspondence.
The law the gives those between the ages of 5 and 19

the right to a free education is the Education Act 1989,
section 3.
Important points:
If a student under 16 has been permanently excluded by a school
(because of continual disobedience), the school must help that
student find a new school, or educational institution to attend.
Schools may not deprive a student of education while they are at
school, for example, by making them sit in corridors without any
work for long periods when they have misbehaved.
This right makes sure that all children and young people can get an
education, even if they are unable to afford one.
Why do you think free education is provided for all New

What do Zealanders from the ages of 5 to 19? What are the
You Think? benefits of providing free education?

5
An environment that enhances

learning and respects the learner
All secondary school students have the right to an education

environment that enhances learning. Learners also have the right to
be respected in their learning.
An environment that enhances learning has the following

characteristics:
• suitable resources and materials (textbooks, science
equipment, sports equipment etc)
• appropriate facilities for all students (gymnasium, suitable
classrooms, science lab)
• assistance for students who are having difficulty
• extra learning opportunities for gifted or talented students
An environment that respect students:

• takes into account the specific needs of students
• disciplines students in a way that protects their dignity
• takes into account their cultural identity (Māori culture,
European culture, Asian culture)
• takes into account other needs of students
• treats all students equally
Give some examples of how your school provides an

What do environment that enhances learning and respects the
You Think? student. (If you do not belong to a school, ask a friend of
family member who does.)

6
Good guidance and counselling
All secondary school students have the right to receive good

guidance and counselling.
Guidance Advice in relation to learning and future

career prospects.
Counselling Advice or assistance in relation to any social

or personal issues that the student has.
In particular, all schools have to make sure that:

• students receive good guidance and counselling
• students’ parents are informed of any matters that are
preventing or slowing progress at school
• students’ parents are informed of any matters that are harming
their child’s relationships with teachers or other students.
(See section 77 of the Education Act 1989 for more information)
Although it is not a legal requirement for a school to have a trained

guidance counsellor in the school, the school is still required to do all they
can to ensure these services are available to students. Some schools
appoint a particular person that students can go to. Other schools
may have pastoral care specialists or careers personnel who work at
the school. These provisions make sure that learners have someone
in the school who they can get assistance from when needed.
Describe the services that your school or place of

What do learning offers in relation to guidance and counselling.
You Think? (If you do not belong to a school, ask a friend or family
member who does.)

7
Catering for special needs
All students with special needs have the right to get appropriate
assistance and help from their secondary school.
Special Students with special needs are those who

needs need additional help with their learning due
to a disability, or other developmental issue.
In particular, all schools have to make sure that students with

special needs:
• have adequate assistance in their learning
• have resources that they need
• are treated equally to other students.
(See section 8 of the Education Act 1989 for more information.)
What do What does your school or place of learning do to cater

for students who have special learning needs? Ask your
You Think? tutor or another staff member if you are unsure.

8
Protection of personal safety
All students have the right to be safe while they are learning at
school. Schools must make sure that students’ personal safety is
protected at all times.
Protection Making sure that learners are not exposed

of personal to any dangers such as diseases, unsafe
safety buildings, abuse, and so on.
There are a number of laws and guidelines that specify how

students’ safety is to be protected.
Education Act 1989
Principals can make learners stay home from school if they
have an infectious disease or are not clean enough to attend
school.
Human Rights Act 1993
Organisations have to make sure that learners are free
from discrimination and any abuse that may result from
discrimination.
National Administration Guideline 5
A Board of Trustees is required to provide a safe physical and
emotional environment for all students.
Health and Safety at Work Act 2015
All organisations must follow health and safety regulations, this
includes schools.
Providing a safe emotional environment for students includes

ensuring students are protected from abuse. This applies both
within the school and outside the school (where the school is aware
of the abuse). For example, it is not satisfactory that a school ignore
students being cyberbullied if they are aware that it is happening. In
such situations, methods must be implemented to reduce bullying
online.

9
What do Think of an example outlining how your school protects

your personal safety. Describe this example in the box
You Think? below.

10
Freedom of expression and

freedom from discrimination
All students have the right to express themselves freely and to not
be discriminated against when they are at secondary school.
Freedom of The right to freedom of expression is in

expression section 14 of the New Zealand Bill of Rights
Act 1990.
This right allows students to express their
religious, political, cultural, and other
beliefs. However, the expression must not
be in a way that it breaks other laws of the
country, or in a manner that may affect
anyone else’s health and safety.
Discrimination Discrimination refers to treating a person

different because of their gender, race,
religion, sexual orientation and other
aspects.
All students have the right to be free from
discrimination. This right comes from the
New Zealand Bill of Rights Act 1990 and
the Human Rights Act 1993.
For a complete list of prohibited grounds of discrimination,
as set out in the Human Rights Act 1993, see Appendix A.
Examples:
Schools cannot stop a female from A school student cannot be stopped

attending classes that are traditionally from sharing their political views
seen as male classes (such as in class. It is their right to express
woodwork). If a female is stopped themselves freely in relation to
from attending these classes, she is political views.
being discriminated against.
A school student has the right to

A male may take another male to write an essay giving a different
the school ball if he wants to. If he is opinion to their teacher. They have
stopped from doing this, it would be the right to express themselves freely
discrimination. when writing essays.

11
Note: There are some exceptions to freedom of expression and

discrimination in school environments. For example:
1. It is not discriminatory to stop a female from going to an all-
male school.
2. It is not discriminatory to require a student wear a uniform
and to have restrictions in relation to make-up and
hairstyles.
3. It is not discriminatory to only let members of a certain
religion attend a school for members of that religion.
1. Think about your school or place of learning. In what

What do ways are you able to express yourself at your place
You Think? of learning? (If you do not belong to a school, ask a
friend or family member who does.)
2. Think of four situations that would be considered as discrimination at a

Secondary School.

12
Protection from unreasonable

search
Another right that all students have is the right to be protected from
an unreasonable search.
Unreasonable Section 21 of the New Zealand Bill of

search Rights Act states that “everyone has the
right to be secure against unreasonable
search or seizure, whether of the person,
property, or correspondence or otherwise”.
This includes students.
This means that students and their
belongings may not generally be searched
by teachers at school. Students generally
have the right to refuse a teacher or
school staff member from searching their
belongings.
Exceptions:
There are a number of exceptions to this right:
1. In the case of stolen property, it is lawful to ask a student to
open their locker or desk for a teacher to see if the item is in
there.
2. In situations where it is expected that a student has
dangerous items, it is lawful to ask a student to open their
locker or desk for a teacher to see if the dangerous items are
there. Examples of dangerous items include firearms, knives,
drugs and other items that could cause harm.
In any search there has to be a balance between the threat of health
and safety and the invasion of the student’s privacy. There must
usually be individual suspicion that the student or small group of
students have the item being searched for. Generally, sear es of a
whole class are unlawful. However, the extent of the search can be
widened if the item being sought is da ngerous (such as a weapon
or some stolen poisonous chemicals).

13
The Right to Privacy
All students have the right to have their personal information treated
as private and not shared with others.
Right to Every citizen’s right to privacy is protected

privacy under the Privacy Act 1993. This Act sets
out the rules that have to be followed when
an ‘agency’ (such as a school) collects,
stores, uses and shares or distributes
information about you.
Schools collect a variety of information
about students for a wide range of reasons.
Regardless of the type of information or the
reason it was collected, the school needs
to follow the laws outlined in the Privacy
Act 1993.
The following diagram highlights the different rights that students

have in relation to the privacy of their personal information.
Information must only be

collected from students for a
lawful purpose.
Once the school no longer Only information that is

needs the information, they necessary must be collected
have to discard it. from students.
Information can only be

Students’ Information about
shared with other organisations
if the student gives permission rights to students must be stored in a
privacy way that is safe and secure.
for this to happen.
Information should only be Information must only be

used for the purpose for which accessed by those in the school
it was collected. who need access to it.
Students have the right to

view and make corrections to
their information.

14
What about my privacy when I talk to a counsellor?

When information about you is given to a school counsellor,
there are very strict rules that apply. The majority of school
counsellors are members of the New Zealand Association of
Counsellors, which has its own Code of Ethics. Section 6 of
the Code of Ethics states that counsellors need to treat all
communication between counsellor and student as confidential
and privileged information, unless the student gives consent to
particular information being disclosed.
The Code does provide for exceptions where there is a ‘risk’,
including if:
• there is a serious danger in the immediate or foreseeable
future to the student or others
• the student’s competence to make a decision is impaired
• legal requirements demand that confidential material be
revealed
• it is a response to a complaint about counselling practice.
Would it be appropriate for a teacher to read out your

What do assessment results to the rest of the class? What about
You Think? people outside your class? Explain.

15
LESSON 2:
Legal forms of
school discipline
Learning Objectives
In this lesson you will learn about the legal forms of discipline that
secondary school students may receive. These include:
Written work
Detention
Extra work around school
Restorative practices
Removal from a lesson
Removal of privileges
Behaviour management programme
Reprimand by principal
Reports
Contracts
Stand-down
Why discipline?
Some students are not interested in learning when they are at
school. They may refuse to listen to the teacher, or refuse to
do any class work. They may disrupt other learners, or even
disrupt the whole class. Some learners may even participate in
dangerous or illegal activities while they are at school (such as
taking drugs).
Fortunately, teachers have a number of legal tools available
to help make sure that students do not disrupt their classes.
Teachers also use these forms of discipline with the hope
that learners will learn how to behave appropriately in social
settings.
In this lesson we look at each of these forms of discipline in
more detail.

16
LESSON 2: Legal forms of school discipline
Written work
Written work refers to extra writing that is not specifically related to a

student’s school work. Written work has the following benefits.
• it can help a student calm down (as they are focussing on a
specific task)
• it can help a student reflect on what they have done wrong
• it is legal and does not require a parent’s consent.
Note: Students should not be made to write anything that is

degrading or humiliating to them (such as something negative
about themselves).
Students should not be given so much written work that it
causes pain in their hands and arms.
I was being disruptive in class. After a warning,

my teacher gave me extra written work to do. I
had to write an essay about why it is rude to talk
while the teacher is talking.
What types of written work do teachers at your school

What do give if students are not behaving appropriately? Explain.
You Think? (If you do not go to a school, talk to a friend or family
member who does currently attend school).

17
Detention
Detention refers to keeping a student in class during lunch time or

after school as a punishment for misbehaviour. The aim of using
detention is for learners to reflect on their actions.
• Parents must agree to their child being put on detention. If a
parent doesn’t agree, they must tell the school and agree on
some other acceptable form of punishment.
• Detention conditions must not compromise learners’ health and
safety. For example, in lunchtime detention learners should be
allowed to eat their lunch and go to the toilet.
Note: When a whole class is put on detention, this may breach

the New Zealand Bill of Rights Act 1990. This is because
people can only be detained for a good reason. As some
class members may not have misbehaved, being given class
detention means they are detained without a good reason.
I was put on lunchtime detention after getting

angry at a classmate and swearing at them. The
teacher in charge of detention talked with me
about how to handle my anger better, eg, not
swearing. This made me think about how I could
do things differently next time I got angry with
someone.
Talk to a student who has been given detention before. Ask

What do them why they got detention and what the detention was
You Think? like. Describe their experience in the space below. Only
ask students who are willing to share their experiences

18
Extra work around school
Learners may be given work to do around the school, such as picking

up rubbish, gardening, or basic cleaning work. This is similar to doing
community service work, except it’s only done inside the school.
• Learners can only be given these types of duties outside of
normal class time.
• The work must not be degrading or humiliating, eg, making the
learner do the work while their classmates watch.
• Learners must be given the proper equipment for the type of
work, eg, they must be given gloves if handling dirty rubbish.
• Learners must be appropriately supervised when they carry out
the work.
Note: Learners must not be given work that someone else is

usually employed to do.
The lunchtime duty teacher caught

me littering when I threw my lunch wrapper onto
the ground and not in the bin. I was made to pick
up rubbish around the school for 15 minutes. I
was given a plastic bag to put the rubbish in, and
some disposable gloves to wear.
List the types of jobs that learners generally do around

your school if they have misbehaved. Next to each job
What do type, name the type of equipment learners are given to
You Think? help them do the work safely.
(If you do not go to a school, talk to a friend or family

19
Restorative practices
Restorative practices are specific ways that teachers and learners

can work together to create a culture based on positive behaviours
and relationships. These practices focus on addressing problems
together, as a school community. This is a legal form of discipline,
based on values of respect and care.
• Restorative practices can be used to prevent incidents involving
inappropriate behaviour, or to address the behaviour after it
occurs.
• Learners are involved in finding the causes and solutions to their
own or someone else’s misbehaviour. This usually takes place in
classroom or group meetings where learners reflect on how the
behaviour has affected everyone involved.
At my school the teacher calls a classroom

conference if learners continue to talk and disrupt
the lesson. During the meeting we each get a
chance to speak about what has happened and
why, how it impacts us, and what could be done
to fix the situation.
I attended a conflict/healing circle after a

classmate had been bullying me and some
other learners at my school. This circle included
teachers, learners involved, and the parents of
the person who had been bullying others. Each
person spoke about why they think the person
chose this behaviour, its impact on them, and
what they think should be done to fix the problem.

20
What types of restorative practices does your school

What do follow? Talk with the teacher/guidance counsellor etc
You Think? about what happens at your school.
(If you do not go to a school, talk to a friend or family
Removal from a lesson
If a learner is being disruptive in class, their teacher may ask them to

leave the room (also called ‘time-out’). The learner is sent to a place
where they are supervised such as a time-out or withdrawal room,
or to the Deans’ office.
• Time-out is legal as long as the school does not remove the
student from classes for long periods of time.
• As part of using time-out the school should work with the learner
to find out the cause of their disruptive behaviour, and to look for
ways to resolve this.
Note: If a learner is given a time-out for an extended period of

time it could be argued that they are being denied their right to
an education. .
My friend and I kept texting each other funny

jokes in class. We were giggling and not paying
attention to the lesson, even after the teacher
told us to stop. The teacher sent us to the Dean’s
office for time-out.

21
What do What types of learner behaviour do you think would

You Think? require the teacher to remove a learner from the lesson?
Removal of privileges
Privileges are special things that we are allowed to do, usually in

the form of a reward. Removal of privileges is when learners are not
allowed to do these things as a result of their misbehaviour.
This type of discipline is legal, as long as it doesn’t cause the learner
to miss out on essential learning, eg missing out on a science class
field-trip to a museum.
Taking part in a
class barbeque Going to a
school dance
(organised by the
school)
Typical
privileges
Attending a Watching a
school prize-giving sports game
or graduation

22
Note: A privilege is not the same thing as a right. A privilege is

like a reward, something special that the learner is allowed to
participate in. By removing a privilege the school is not denying
a legal right. A right is something that every person is entitled to
under the law, eg being treated with dignity. It is illegal to deny a
person these types of rights.
What do Give some examples of other privileges that could be

You Think? taken from students at a typical secondary school.
Behaviour management
programmes
This is a special type of programme which focuses on learners’
behaviour. The aim is to teach learners self-discipline, and how to
behave in a more positive and constructive way.
• Behaviour management programmes are more about learning
than they are about punishment.
• These programmes focus on the specific issues that a learner
has, eg anger, drug and alcohol use, etc.
I used to get really angry and swear at the

teacher when I didn’t understand something
in class. I had to do an anger management
programme run by our school guidance
counsellor. I learnt that it was okay to feel angry
and frustrated when I didn’t understand my school
work. But also, that it was okay to ask for help
and stay calm rather than lash out at people.

23
What types of behaviour management programmes

does your school have available to learners? Talk with
What do the teacher/guidance counsellor etc about how these
You Think? programmes help learners.
(If your school doesn’t have this type of programme or
if you do not go to a school, talk to a friend or family
member who does who has this at their school).
Reprimand by Principal (in front

of parent(s)/guardian)
A reprimand by the principal is the legal similar to a police caution
under the youth justice system. As long as the learner’s parent(s)
and/or legal guardian are present, it is legal.
• The reprimand should be given in the Principal’s office (or a
similar, private venue)
• What the Principal says to the learner must not be humiliating or
degrading.
My friend was given a formal warning in front of

his parents by the school Principal. The Principal
warned him that if he kept skipping classes, he
would be stood-down from school.

24
What do Why do you think it is important for parents to be present

You Think? when a student is reprimanded by a school principal?
Behaviour reports
Behaviour reports are another legal method of discipline which often

form part of a behaviour management programme.
• Reports are filled in by teachers during the day and signed off by
a specified staff member at the end of the day.
• The report is used as a way to monitor the behaviour of a learner
who has been misbehaving.
• Reports may be sent home to the student’s parents/caregivers
so that they are aware of the learner’s behaviour.
What do How might behaviour reports be helpful for learners and

You Think? teachers?

25
Behaviour contracts
A behaviour contract is an agreement between the school, the

learner, and usually the learner’s parents/guardian.
In the contract, the learner agrees to follow certain standards of
behaviour. The learner also acknowledges that if they don’t comply
with the contract, the school will take specific disciplinary actions.
The school also has obligations under the contract, eg to support
the learner by providing counselling.
If the learner doesn’t comply with the contract, the school may not
automatically suspend or stand-down the learner. The school must
still follow the specific procedures required for stand-down and
suspension. For this reason, it is illegal for a behaviour contract to
include a requirement that parents voluntarily withdraw their child.
Note: Behaviour contracts are not legally binding if the learner

is less than 18 years old. This means that the learner cannot be
made to follow the contract by a court of law.
Write a behaviour contract for your school or place of

Try it for learning based on your school rules.
Yourself (If you don’t belong to a school or place of learning,
make up a contract for a fictitious school.)

26
Stand-down
When a learner receives a stand-down, they are formally removed

from school for specific period of time. This means that they are not
allowed to attend school during this period.
• This is a legal form or discipline, but it needs to be done
according to very specific guidelines set out in Sections 13-
19 of the Education Act 1989.
• Only the school principal or acting principal can impose a
stand-down. A learner cannot be stood-down by deputy
principals or deans.
• A stand-down can be for a maximum of 5 days in any one
school term and for no more than 10 days in a year.
• As soon as the learner has been stood-down, the principal
must inform the Ministry of Education and the student’s
parents about the stand-down, the reasons for the decision
to stand down the student, and the period for which the
student has been stood down.
Note: In calculating the period of stand-down, the day on which

the student is stood-down and any non-school days are not
counted (Education Act, Section 14(2)).
My friend who was given a formal warning by the

Principal continued to misbehave. After a number
of meetings between the school and his family,
my friend was stood-down from school for three
days.
Case Study 1: Miranda

Miranda is in Year 9 and she has been caught drinking
Try it for
alcohol at school. She has never really been in trouble
Yourself before and so the school has decided she should be
stood-down from school.
Continued on next page...

27
1. Who can impose Miranda’s stand-down?
2. When and who should the school inform of this decision?
3. How long can Miranda be stood-down for?
Choose three of the forms of discipline we have

discussed and complete the table which follows to
Review indicate the following for each form of discipline.
• It’s legal status
• Any special conditions which apply to it.
One has been done for you as an example.
Form of discipline Legal status Special conditions
Written work Legal Students must not be required to do

any written work which is degrading or
humiliating to them.

28
Form of discipline Legal status Special conditions

29
LESSON 3:
Illegal forms
of discipline
Learning Objectives
In this lesson you will learn about the illegal forms of discipline that
secondary school students should not receive. These include:
Corporal punishment
Punishment which humiliates or degrades
Sending home
Internal suspension
Illegal When something is illegal, it is against the

law. If someone is found guilty in court of
breaking a law, they will have to face legal
consequences. This may range from paying
a fine to being given a prison sentence.

30
LESSON 3: Illegal forms of discipline
Corporal punishment
Corporal punishment refers to any type of punishment that involves

physical force such as hitting learners or throwing objects at
learners.
This type of punishment was made illegal in New Zealand schools
in 1989 under Section 139a of the Education Act. This was done
because corporal punishment was considered to be brutal and
unnecessary.
The school board is responsible for ensuring that the school
environment is safe for learners and free from violence. This includes
keeping the school free from any corporal punishment practices.
Note: If an educator uses corporal punishment, they may be

charged with assault and could be prosecuted in a court of law.
Corporal punishment has been illegal in New Zealand

Try it for since 1989. Talk to someone who studied at a secondary
Yourself school before this time and ask them about their
experiences. Were they ever physically punished? What
about their friends? How did this affect them and their
learning? Describe their experiences in the space below.

31
Punishment which humiliates

or degrades
Section 9 of the New Zealand Bill of Rights states that “everyone
has the right not to be subjected … to cruel, degrading, or
disproportionately severe treatment or punishment”. It is illegal to
punish a learner by saying things that ‘put them down’ or by publicly
embarrassing them.
Examples of cruel and degrading treatment:
 teacher belittling or mocking a student in front of the class
 making an overweight or unfit student do 50 push-ups
 asking a learner to make a public apology in front of the
entire school.
Regardless of the type of discipline being used (legal or illegal),
it should not be done in a way which humiliates or degrades the
learner.
Try it for Give some additional examples of punishments that

Yourself could be considered humiliating or degrading.

32
Sending home
All students have the right to attend school and receive an education
(under Section 3 of the Education Act). This makes it illegal to send
a student home for disciplinary reasons, unless they have been
formally stood-down or suspended.
When I was at high school back in the 1980s, I

was sent home because I was wearing nail polish!
The teacher told me to go home and clean it off,
and only come back after that. I had broken a
school rule as nail polish wasn’t allowed but it
seemed a bit over-the-top to send me home!
Why do you think it might not be appropriate to send

What do
learners home without following proper stand-down or
You Think? suspension processes?

33
Internal suspension
An internal or in-school suspension is when a learner has been

stood-down or suspended but still comes to school. In the past, the
learner would have been given alternative work to do (rather than
attend their classes).
Generally, internal suspensions are illegal now. This is because they
go against the principle that when they are at school learners are
entitled to receive an education, eg by attending their classes.
A learner who has been stood-down or suspended can only come
to school for the following reasons:
• The Principal wants the learner to see a guidance counsellor
or to take part in a behaviour management programme.
• The learner needs to sit an exam or complete an
assessment.
• The learner’s parents/guardian ask that the learner be
allowed to go to schools because, for example, no one will
be home during the day to supervise them.
Under all other circumstances it is illegal for a student who is stood-
down or suspended to attend school.
Internal suspensions are generally illegal.

What do
You Think? Do you agree or disagree with this? What are your
reasons?

34
LESSON 4:
Suspension
Learning Objectives
In this lesson you will learn about suspension from school (a legal
type of discipline). In particular, you will learn the following things
about suspension:
The legal grounds for suspension
Types of suspension
Procedures that must be followed
Suspension A suspension is similar to a stand-down as

it involves removing a learner from school.
However, with a suspension, the learner
can be kept away from school for a much
longer period of time.

35
LESSON 4: Suspension
Legal grounds for suspension
When a Principal suspends a student, the Board of Trustees has

seven school days in which to meet with the student. In this meeting
the Board may lift the suspension, extend it, or make it permanent
(which means the learner won’t be able to return to that school).
If the Board does not take one of these actions within the 7-day
period, then the suspension is automatically lifted.
• To suspend a learner, the school must follow very specific
guidelines set out in Sections 13-19 of the Education Act
1989.
• The time period for suspension will depend on the type and
frequency of a learner’s misbehaviour. The timeframe can
range from a few days to the learner being permanently
removed from school.
• Only the School Principal or Acting Principal can suspend
learners. This task cannot be carried out by Deputy
Principals or Deans of School.
What are the legal grounds for suspension?

The legal grounds on which a Principal may suspend a student are
set out in Section 14 (1) of the Education Act 1989, which is given
below.
Principal may stand-down or suspend students

(1)
The principal of a State school may stand-down or suspend a student if satisfied on reasonable grounds
that—
(a) the student’s gross misconduct or continual disobedience is a harmful or dangerous example to
other students at the school; or
(b) because of the student’s behaviour, it is likely that the student, or other students at the school, will
be seriously harmed if the student is not stood-down or suspended.
(2)
A stand-down may be for 1 or more specified periods, and—
(a) the period or periods may not exceed 5 school days in any one term:
(b) a student may be stood-down more than once in the same year but for not more than 10 school
days in total in that year:
(c) in calculating the period of a stand-down, the day on which the student was stood-down, and any
day on which the student would not have had to attend school in any event, must not be counted:
(d) the principal may lift the stand-down at any time before it is due to expire.

36
Let’s look at the meanings of the key terms of this section of the
Education Act.
Gross misconduct: This means very serious bad behaviour. It
cannot be ordinary misbehaviour that could be expected from
students from time to time.
Continual disobedience: This means to regularly and intentionally
fail to do what you are told to do. There must be an element of
intentional bad behaviour; the student must be aware of the school
rules and be breaking those rules on purpose. If, for example, a
student is frequently late for school because of unreliable public
transport, this cannot be said to be intentionally breaking the school
rules.
Harmful or dangerous example to other students: In order for
a student to be suspended on the basis of gross misconduct or
continual disobedience, the principal must be satisfied that this
behaviour is setting an example to other students that is harmful or
dangerous to those students. This means that the other students
need to be aware of the bad behaviour of the student being
suspended. For example, if a student is using drugs at school,
but none of the other students know about it, it is not possible to
suspend the student on the grounds that their behaviour is a harmful
or dangerous example to others.
On the other hand, it would be possible to suspend the student
under Section 14(1)b, namely that because of the student’s
behaviour, it is likely that the student will seriously harm themselves
or others if they are not stood-down or suspended.

37
Types of suspension
Suspension
until a Board Exclusion
Meeting
Typical
privileges
Extended
Expulsion
suspension
Suspension until a School Board Meeting

As mentioned previously, a learner can be suspended for up to
seven school days until the Board meets with the learner and their
parents/guardians. In this meeting, the Board decides whether the
learner should be allowed to return to school and if so, when and
under what conditions.
Extended suspension
The Board may decide that the learner should remain on suspension
until a specific set of conditions are met. For example, the learner
might be required to attend a specific number of counselling
sessions. The Board also decides on a reasonable time period for
the suspension.
The learner is allowed to return to school after the suspension time
period has ended, or once the Board’s conditions have been met
(whichever occurs first).
Exclusion
Exclusions apply to learners under 16 years of age. Learners who
are excluded are not allowed to return to school. Exclusions can
only be carried out if the circumstances of the case justify this most
serious response.
The learner must enrol at another school, with the help of their
current Principal (within a 10 day period). If the Principal is unable
or unwilling to help the learner to find a new school, the Ministry of
Education and other organisations will do this instead.

38
Note: If the time period for an extended suspension is longer

than four weeks, the learner will be given school work to do at
home. The learner must also be given support to continue their
studies while away from school. The learner’s progress is also
monitored regularly by the Principal and the Board.
Expulsion
This is the same as exclusion, except that it applies to a student
who is 16 years of age or older. Although the student is no longer
allowed to attend the school they have been expelled from, they
are not required to enrol at another school. In addition, neither
the principal nor the Ministry of Education is obliged to assist the
student finding another school.
The learner (and/or their family) is responsible for finding another
school if they wish to continue their education.
Note: There are a number of organisations which can help

learners who have been expelled from school.
Youth Service
http://www.youthservice.govt.nz/
Helps learners to find alternative education, training, or to start
employment.
Te Kura (Te Aho o te Kura Pounamu) - The Correspondence

School
http://www.tekura.school.nz/
Provides distance learning for young people up to Year 13.
Youth Law Aotearoa

http://www.youthlaw.co.nz/
Provides free legal advice to young people 25 years of age.

39
Procedures that must be followed
The Education Act sets out specific procedures which need to be

followed when a student is suspended. These are summarised
below.
1 Step 1: Immediately after the principal has decided to

suspend the student, s/he must inform the Board, the Ministry
of Education and the student’s parents/guardians of the
suspension and the reasons for the suspension.
2 Step 2: Within 7 days of the suspension being given to the

student, the Board must meet with the student, the parents/
guardians and their representatives to make a decision on
whether to lift or extend the suspension, or to exclude or
expel the student.
The student must be given at least 48 hours’ notice of
this meeting and enough time to consider any supporting
evidence (eg the principal’s report) that will be presented at
the meeting.
Before the Board makes a decision, they must listen to
the views of the student, the parents/guardians and/or
representatives, and consider this input.
3 Step 3: Immediately after the Board has made its decision,

it must inform the Ministry of Education and the parents/
guardians of the student of the decision and the reasons for
that decision.
Make a diagram that highlights the different forms

Try it for of discipline that schools can and cannot impose on
Yourself secondary school students. Once you have finished your
diagram, ask your tutor to check it.

40
LESSON 5:
Personal responsibilities of
secondary school students
Learning Objectives
In this lesson learners will explore the personal responsibilities that
secondary school students have, including:
Attendance
Compliance with school rules and standards
Non-infringement of others’ rights
Responsibilities and rights in different situations

41
LESSON 5: Personal responsibilities of secondary school students
Attendance
Sections 20 and 25 of the Education Act state that all New Zealand
citizens and residents between the ages of 6 and 16 are required to
be enrolled at a school, and to attend that school whenever it is open.
A principal may exempt a student from attending school for up to 5
days if s/he is satisfied that there is a good reason for the absence
(eg illness). If a student is absent due to illness, most schools
require a parent’s note if the absence is for up to three days, or
a doctor’s note if the absence is for longer than three days. The
principal may also allow the student to be absent so that they can
go away on a family holiday. Usually parents are required to notify
the school in writing before they leave for the holiday and to ensure
that the student makes up any work they miss.
In addition to the legal requirement to attend school, there are also a
number of other reasons why school attendance is important.
Research has shown that regular attendance at school is
fundamental to a student’s learning; and that students who regularly
attend school are more likely to do well at school and to improve
their careers and life prospects as a result.
However, it is not only the student who benefits from regular
attendance; the school community (ie the teachers, other students
and parents), as well as the wider community, all benefit when
students are attending school and achieving. This is because it
helps to ensure that students are in a safe learning environment,
that they can do well in their lives and therefore be an asset to the
community.
How does your school or place of learning monitor the

What do
attendance of students? (If you don’t attend a school,
You Think? ask someone who does.)

42
Compliance with school rules

and standards
Every school sets its own rules and standards that students are
expected to comply with. When a student enrols at the school they
agree to follow these rules and standards. Rules and standards
commonly have to do with acceptable standards of appearance (eg
issues such as uniforms, hair, makeup, etc), safety of person and
property (eg jewellery, mobile phones), and rules which ensure an
optimal learning environment (eg homework, no swearing) and so on.
All schools are allowed to set their own uniform policy. Some
schools require students to wear a specific uniform and any student
who enrols at the school is expected to wear that uniform (unless
the uniform is optional). Where a uniform is not required, many
schools have a dress code which specifies what is considered
acceptable in terms of the clothing and accessories worn to school.
Requiring students to wear a uniform or to adhere to a certain
dress code helps to ensure that students are neat, that there are no
safety hazards caused by clothing in the school environment, that
the students are recognizable in the community, and that certain
standards of hygiene are maintained (thereby reducing the chances
of diseases being spread, etc).
For similar reasons, some schools have specific requirements
regarding the length and appearance of students’ hair, the use of
makeup, and the wearing of jewellery. Many schools do not allow
students to wear jewellery (except for one gold or silver sleeper in
each ear for girls) because of the risk that the jewellery might get
lost or be stolen.
Many school rules are set to ensure an optimal learning
environment. For example, each school has its own rules regarding
the type and amount of homework students are expected to do.
Homework helps support the learning process and encourages self-
discipline in students.
It also ensures fair conditions, in terms of the time available, for
internal assessments.
Schools also have strict rules about bullying and the use of bad
language. Swearing at teachers or fellow students, or bullying others
does not allow for a safe learning environment where personal dignity
is respected, and is therefore not allowed in schools.

43
What is your school’s uniform policy/dress code?

What do Explain. (If you don’t belong to a school or place of
You Think? learning, ask someone who does about their dress code
policies.)
Just as every student has certain rights they are entitled to, they
also have the responsibility not to violate other people’s rights; this
includes the rights of both the other students at the school as well
as the school staff. This is to ensure that everyone’s rights are given
the same importance and are protected in the school environment.
In this regard, many schools have specific rules regarding classroom
behaviour, bullying, discrimination and health and safety.
Students should not disrupt the teaching or learning of others by, for
example, calling out in class, not following instructions, and so on as
this wastes the learning time of other students.
As we have already discussed, bullying infringes on the right to a
safe learning environment, and discriminating against a student
based on their race, sex, religion, learning ability, etc infringes on the
basic human right to be free from discrimination.
To ensure that the right to health and safety is maintained, it is
important that students stick to the rules, codes of conduct,
and clothing requirements (eg protective clothing) in the school
environment. This is particularly the case in workshops and labs, to
ensure that students do not put themselves or others at risk.

44
Using the examples below, list different rules/

Try it for expectations that are in place at your school (or a school
Yourself you know of) under the specified categories. Give
reasons why the rules are in place.
You will find some of these answers in your school
handbook/manual, but for others you may need to ask a
Dean or Head teacher for the information.
Attendance
Rule 1: Absent due to illness

Parent must phone school or provide a written note the following day, explaining the
absence. If the absence is for more than 3 days, a doctor’s note must be provided.
Purpose of Rule
The school is legally responsible for knowing where its students are at all times during
school hours.
Rule 2: Going away for family holiday during school term
Purpose of Rule

45
Compliance with school rules and standards
Rule 1: Uniform
Correct uniform must be worn at all times. A note from a parent must be brought if
correct uniform cannot be worn.
Purpose of Rule
Uniforms are worn as a safety issue in classrooms, but also to identify students in the
community.
Rule 2: Hair
Purpose of Rule
Rule 3: Make-up
Purpose of Rule

46
Rule 4: Jewellery
Purpose of Rule
Rule 5: Mobile phones
Purpose of Rule
Rule 6: Homework
Purpose of Rule

47
Rule 7: Speech
Purpose of Rule
Rule 1: Classroom behaviour

A student should not disrupt the teaching or learning of others. Calling out, not
following instructions, etc wastes the learning time of other students.
Purpose of Rule
To help ensure that each student’s right to receive an education is protected.
Rule 2: Bullying
Purpose of Rule

48
Rule 3: Discrimination
Purpose of Rule
Rule 4: Health and Safety
Purpose of Rule

49
Relationship between rights

and responsibilities
There is frequently an overlap between a student’s legal rights and
their personal responsibilities in terms of their conduct in the school
environment. On the one hand schools cannot make rules that
breach a student’s rights, but on the other hand they are entitled to
make rules surrounding student conduct and to set out students’
responsibilities. Some of the common areas of conduct where this
applies are dress and appearance, homework, and speech.
Dress and appearance

A restriction on what a student can wear is, at face value, a restriction
on the right to freedom of expression. However, this does not
automatically mean the restriction is unlawful.
According to Section 5 of the New Zealand Bill of Rights, justifiable
limits can be set on the rights of the individual. In this sense, a school
is entitled to place reasonable limits on rights through its policies and
rules. Schools will have many rules that do this, and many of these
are very necessary to make the school run properly and smoothly.
As we have already seen, a dress code can be important in terms of
ensuring the health and safety of students, protecting the image of
the school, and so on.
Any restriction on jewellery or clothing must be reasonable in terms
of the Bill of Rights. The test to tell whether a right is reasonably
limited is laid down in law in the case of Moonen v Board of Film and
Literature Review [2000]7 2 NZLR 9 (CA).
You have to ask the following questions.
(a) Is there a clear and convincing purpose or objective for the
rule?
(b) Is the rule rationally related to that purpose?
(c) Does the rule impair the right as little as possible in order to
achieve the objective?
(d) Is there proportionality between the objective and the rule (ie
the severity of the rule is in line with the objective)?
If we apply this to the case of dress and appearance in a school,
you would consider the following.
7
Moonen v Board of Film and Literature Review [2000] 2 NZLR 9 (CA)

50
(a) The objectives of the rule against jewellery, certain types of

clothing or haircuts could be one or more of the following.
• To protect students by reducing the chance of cuts and
abrasions from jewellery as students engage in sport and
other contact.
• To reduce theft and opportunities for the loss of
expensive or desirable clothes.
• To reduce the chances of discrimination against students
who are unable to afford certain clothing, jewellery, etc.
• To provide protection to students, for example, where
protective clothing is required in a workshop or laboratory
situation.
(b) The rule is rationally related to these objectives. If there are
many exceptions to the rule, many students may wear other
variations of uniform and the objectives of the rule will then
not be met.
(c) The rule impairs the right as little as possible. For example a
rule against hats may prevent a student who has gone bald
as a result of undergoing chemotherapy from covering their
head. In this case, the rule would unreasonably impair the
rights of the student.
(d) Is there proportionality between the objective and the
rule? Here you need to consider whether the rule is too
strict for the objective it is trying to reach. For example,
if the objective of a school uniform policy is to ensure no
discrimination against students on the basis of what they
wear, it is not necessary to make a rule that says all uniforms
must be bought at the same shop.
It is also important to avoid what some refer to as ‘viewpoint
discrimination’. This is when the rule allows some expression but not
other expression. For example, a rule that says students may only
wear necklaces/chains if they have a cross on them. The distinction
is drawn not based on the mode of expression, but on what the
message is. It is not ‘content neutral’. Why should the school allow
someone to wear a cross around their neck and not, for example, a
Star of David?
A better rule would have addressed the issue of safety or uniformity
in terms of the size or shape of jewellery, and not the nature of
the message sent by the jewellery. For example, this would allow
religious symbols of any type providing they were a certain size and
were not sharp.

51
Confiscation
Often a school will confiscate an item if it breeches the school rules,
for example, incorrect uniform or using a mobile phone in class. The
following are some rules regarding confiscation.
• A student should be told who has their possession and how
long it will be confiscated.
• Students who continue to break school rules by using their
mobile phone or wearing incorrect uniform can be an given
appropriate punishment.
So, although you have the right to own a mobile phone and to take
it with you to school, you also have the responsibility to follow the
school rules about its use.
Using the examples below as a guide, find out about

Try it for three other aspects of school conduct and discuss
Yourself the relationship between a student’s rights and their
responsibility to themselves, other students, and/or the
school. Use your own knowledge of school conduct
and rules, and what you have learnt in this guide, to
help you.
I have a right to: I have a responsibility to:
say what I want (freedom of expression). make sure that what I say is true and is not
harmful or discriminatory towards others.
choose what I believe in. allow others to choose what they want
to believe in without persecution or
discrimination.

52

53
Glossary
brutal unpleasant or harsh

comply act in accordance with a wish or command
continual repeatedly failing or refusing to obey rules or someone in authority
disobedience
correspondence a school that a person attends from their home – communication takes
(school) place by mail, email, and video
counselling advice or assistance in relation to any social or personal issues that the
student has
deprive prevent (a person or place) from having or using something
discipline policy a discipline policy outlines a secondary school’s approach to discipline
discrimination treating a person different because of their gender, race, religion, sexual
orientation or other aspects
exception a person or group that does not have to follow a rule
expose reveal the truth
freedom of this right allows students to express their religious, political, cultural, and
expression other beliefs
gross misconduct very bad behaviour, such as theft, physical violence, and selling drugs
guidance advice in relation to learning and future career prospects
humiliating making someone feel ashamed and foolish by injuring their dignity and
pride
permanently not being able to return to the school at any time in the future
excluded
reprimand a formal expression of disapproval
school charter a legal document that sets out the school’s aims, purposes, and
objectives
special needs students with special needs are those who need additional help with their
learning due to a disability, or other developmental issue
state run by the government

54

55

21 Ruakura Rd, Hamilton East,
Hamilton 3216
Phone: 0800 864 863
E-mail: instant@atc.org.nz
www.instant.org.nz
© ATC New Zealand


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US 10337 v5a

Unit Standard 10337

Describe the legal

US10337v5a Learner's Guide Licensed to Western Heights High School

Licensed to Western Heights High School US10337v5a Learner's Guide

US10337v5a Learner's Guide Licensed to Western Heights High School

Legal rights of secondary school students 2

Legal forms of school discipline 15

Illegal forms of discipline 29

Personal responsibilities of secondary school students 40

Licensed to Western Heights High School US10337v5a Learner's Guide

Legal rights of secondary

Where do legal rights come from?

Privacy Act 1993: Human Rights Act 1993:

US10337v5a Learner's Guide Licensed to Western Heights High School

LESSON 1: Legal rights of secondary school students

New Zealand Bill of Rights Children, Young Persons

Education Act 1989: Education Amendment

Many schools incorporate these legal rights into a school charter or

School A compulsory legal document that sets

Discipline A discipline policy outlines a secondary

Licensed to Western Heights High School US10337v5a Learner's Guide

LESSON 1: Legal rights of secondary school students

The right to a free education and the

The law the gives those between the ages of 5 and 19

Why do you think free education is provided for all New

US10337v5a Learner's Guide Licensed to Western Heights High School

LESSON 1: Legal rights of secondary school students

An environment that enhances

All secondary school students have the right to an education

An environment that enhances learning has the following

An environment that respect students:

Give some examples of how your school provides an

Licensed to Western Heights High School US10337v5a Learner's Guide

LESSON 1: Legal rights of secondary school students

Good guidance and counselling

All secondary school students have the right to receive good

Guidance Advice in relation to learning and future

Counselling Advice or assistance in relation to any social

In particular, all schools have to make sure that:

Although it is not a legal requirement for a school to have a trained

Describe the services that your school or place of

US10337v5a Learner's Guide Licensed to Western Heights High School

LESSON 1: Legal rights of secondary school students

Catering for special needs

Special Students with special needs are those who

In particular, all schools have to make sure that students with

What do What does your school or place of learning do to cater

Licensed to Western Heights High School US10337v5a Learner's Guide

LESSON 1: Legal rights of secondary school students

Protection of personal safety

Protection Making sure that learners are not exposed

There are a number of laws and guidelines that specify how

Providing a safe emotional environment for students includes

US10337v5a Learner's Guide Licensed to Western Heights High School

LESSON 1: Legal rights of secondary school students

What do Think of an example outlining how your school protects

Licensed to Western Heights High School US10337v5a Learner's Guide

LESSON 1: Legal rights of secondary school students

Freedom of expression and

Freedom of The right to freedom of expression is in

Discrimination Discrimination refers to treating a person

Schools cannot stop a female from A school student cannot be stopped