Ensuring Consistency with the Education Act 1989: in a child’s best
interests.
John Hancock & Clair Trainor[1]
INTRODUCTION
This paper overviews some issues facing students in the following areas: school suspensions,
enrolment at school and special education. The key theme of our contribution is that, where the law
is clear and well drafted, young people continue to be let down by lack of effective mechanisms to
ensure compliance with the law by school boards and principals. We suggest a school review
authority as a partial solution, nevertheless aware that this will not address all these compliance
issues. We hope to promote discussion and debate around solutions, sharing the common ground
of a commitment to effective education for all children and young people in New Zealand.
SCHOOL SUSPENSIONS
Student suspensions – what do the statistics tell us?
No discussion of educational best interests would be complete without reference to how students
are affected by school stand‐downs and suspensions. In our perception, there has been less
attention paid to this area since the Ministry of Education stopped producing reports setting out the
statistical evidence on a quarterly basis. Prior to 2000, there would have been three reports by this
time in the year. The current practice is to produce one report in April for the previous year.
Below we refer to some statistical information taken from the Ministry of Education’s reports
between January 1996 and December 2002[2]. The reports are comprehensive and well presented
for those who wish to view the full details.
Table One
2000 school year
2001 school year
2002 school
year
Total stand
downs for the
year
16,921
17,141
17,912
Total
suspensions for
the year
5,108
4,802
4,937
Grand total
22,029
21,943
22,849
Table Two
1996 school year
2000 school year
2001 school year
2002 school
year
Total stand
downs or
specified
suspensions for
the year