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Suspension, Exclusion and Expulsion

Students can be suspended, excluded or expelled if they threaten or are violent at school or represent a threat to the safety of students or staff.

This includes:

  • bullying and racially vilification
  • doing something illegal
  • causing serious trouble in class that affects other students
  • not performing school work and not participating in class
  • repeated breaches of school rules

In determining whether to suspend, exclude or expel a student, a principal of a school or the Chief Executive must have regard to:

  • the severity and frequency of the misbehaviour of the student;
  • the student's prior record of behaviour and response to previous sanctions;
  • if relevant, the extent to which adjustments have been made to support the participation of that student, or students with a disability generally, at the school; AND
  • any other relevant matter

(Education and Children’s Services Regulations 2020 (SA) r 26)

Suspension

Suspension requires a student to be absent from normal classes and activities for a specific period of time. Suspension means that the student is not permitted to be on school grounds for a particular period of time (up to five consecutive school days) [Education and Children’s Services Act 2019 (SA) s 76].

Exclusion

The principal of a school can exclude a student from attendance at the school (up to 20 weeks in a calendar year) [s 77 (5)]. A principal cannot exclude a student from attendance at a school unless the student has first been suspended from attendance at the school for a period not exceeding 5 consecutive school days [s 77(6)]. A student must obey reasonable written directions in relation to undertaking education, work or other relevant activity during the period of an exclusion, and it is an offence to fail to follow these directions, maximum penalty $1250 [see Education and Children’s Services Act 2019 (SA) s 77(8)].

Expulsion

A student can be expelled for behaviour for which they have previously been suspended.

There are two types of expulsion:

  • From a particular school by the principal [Education and Children's Services Act 2019 (SA) s 78].

A principal cannot expel a student from a school unless the student has first been suspended from attendance at the school for a period not exceeding 20 consecutive school days [s 78(4)].

  • From all schools and other educational facilities by the Chief Executive of the Education Department, on the recommendation of the principal [Education and Children's Services Act 2019 (SA) s 79] .

A principal cannot make a recommendation unless the student has first been suspended from attendance at the school for a period not exceeding 30 consecutive school days [s 79(4)].

During the period of expulsion, suspension or exclusion the student must not enter the school grounds except with the written approval or at the written request of the principal of the school, maximum penalty, $200. [Education and Children's Services Regulations 2020 (SA) r 27(1)].

An expulsion can be appealed by the student, a person responsible for the student (i.e. a parent), or another adult acting on behalf of the student or person responsible for the student. The rules about when and how an application for an appeal should be made are found in section 80 of the Education and Children's Services Act 2019 (SA). Note that there are very short time frames in which an appeal must be made.

The Department for Education has an information pamphlet explaining procedures for suspension and exclusion for state schools. For independent schools (i.e. non-government schools), information on policies for suspension, exclusion and expulsion can be obtained directly from the individual school.

Suspension, Exclusion and Expulsion  :  Last Revised: Tue Jul 7th 2020
The content of the Law Handbook is made available as a public service for information purposes only and should not be relied upon as a substitute for legal advice. See Disclaimer for details. For free and confidential legal advice in South Australia call 1300 366 424.