Reviewing Tasmania's Education Act

1. Department of Education
Draft Education Bill 2016

2. Draft Education Bill 2016
Government schools Non-government schools Home education
Objects
Principles
School
Starting Age
Enrolment Attendance
Non-attendance
Behaviour
Support
Compulsory Ed
and Training
. .

3. Currently…
• Act does NOT contain Objects or
Principles.
• Objects summarise the purpose of the Act.
• Principles represent the values that
underpin the Act – things considered
an important foundation for the
education of children.
EDUCATION
ACT
Underpinning Values
Purpose
Proposed…
• New Act includes Objects and Principles.
• Focus on each child as an individual.
Includes…
• The right of each child to receive an
education.
• Expectation that each young person will
complete year 12 or equivalent.
• Critical role played by parents and wider
community in education.
 
Objects
Principles
School
Starting Age
Enrolment Attendance
Non-attendance
Behaviour
Support
Compulsory Ed
and Training

4. Compulsory education
commences (Prep)
• Five as at 1 January
Pre-compulsory education
(Kindergarten)
• Four as at 1 January
Currently… Proposed…
Compulsory education (Prep)
• Four years and six months at start of
year
Pre-compulsory education (Kindergarten)
• Three years and six months at start of
year
Children born in 2016 (on or before 30 June)
will be eligible for Kindergarten in 2020.
Kinder 4yrs
Prep 5yrs
Kinder 3yr 6m
Prep 4yr 6m
School starting age
Objects
Principles
School
Starting Age
Enrolment Attendance
Non-attendance
Behaviour
Support
Compulsory Ed
and Training

5. No legislative basis for dual
enrolment for students with
disability
o between a special school
and a mainstream school
o across government and
non-government sectors.
Currently… Proposed…
Dual enrolment
Capacity for dual enrolment for students
with disability
o between a special school and
a mainstream school
o across government and non-
government sectors.
Organisation that runs the special school
will set the guidelines for entry.
Objects
Principles
School
Starting Age
Enrolment Attendance
Non-attendance
Behaviour
Support
Compulsory Ed
and Training

6. No ability for home educated
children to partially enrol in a
school.
Currently… Proposed…
Capacity to apply for partial enrolment of
home-educated children in schools.
Final decision will rest with the school
following assessment of the application
against guidelines.
Objects
Principles
School
Starting Age
Enrolment Attendance
Non-attendance
Behaviour
Support
Compulsory Ed
and Training
Partial enrolment

7. Compulsory education means there
are attendance requirements
Attend every school day unless
legitimate reason
o Sickness (may require medical
certificate)
o Individual Education Plan
Non-attendance
o School-based strategies
o Prosecution
Attendance and
Non-attendance
Clarify attendance requirements
Allow for online/virtual attendance
Non-attendance
New compulsory conciliation conference
process where school-based strategies fail
o mediated not judicial response - with families
and student
o opportunity to resolve the reasons for non-
attendance
o power to direct certain things are done to
overcome the reason for non-attendance
o power to issue a Compulsory Schooling Order,
where necessary.
Prosecution as a last resort.
Currently… Proposed…
Objects
Principles
School
Starting Age
Enrolment Attendance
Non-attendance
Behaviour
Support
Compulsory Ed
and Training

8. Student behaviour managed at school level.
Where this fails, schools can use detention,
suspension or expulsion as a last resort.
Support for children whose behaviour may
pose a risk of harm to themselves or others
managed by schools with parents and
medical practitioners if parents agree to
share information.
Unacceptable behaviour can arise from
mental illness, trauma or abuse, or disability.
No backing in the Education Act for schools
to seek/share information to assist supporting
children.
Currently… Proposed…
Schools may seek information to
assess if a child has a condition
that can cause behaviour that may
risk self or others.
Purpose: Development of a risk
management plan to protect the
child and others.
Plan: Develop and maintain
strategies to support a child’s
access to education and to
eliminate or minimise the risk of
harm.
Information can only be used for
this purpose.
Student behaviour support
Objects
Principles
School
Starting Age
Enrolment Attendance
Non-attendance
Behaviour
Support
Compulsory Ed
and Training

9. Education Act is silent in regard to
adult behaviour in school context.
Inappropriate adult behaviour
managed on case-by-case basis.
Police involvement if necessary.
Currently… Proposed…
Behaviour expectations for adults.
Government schools
o Secretary’s Instructions
o Behaviour management policy
for each school in line with
Instructions
o Adults to comply with policy.
Non-government schools
o Behaviour management policy
for each school
o Adults to comply with policy.
Failure may constitute an offence.
Objects
Principles
School
Starting Age
Enrolment Attendance
Non-attendance
Behaviour
Support
Compulsory Ed
and Training
Adult behaviour

10. Compulsory education at
school finishes
• Complete the year in
which turn 16 (usually end
of Year 10)
Objects
Principles
School
Starting Age
Enrolment Attendance
Non-attendance
Behaviour
Support
Compulsory Ed
and Training
Currently… Proposed…
Compulsory education and
training
Compulsory education at
school finishes
• Complete the year in
which turn 16 (usually end
of Year 10)
Compulsory education and training starts

11. Compulsory education or
training starts
Eligible options – school,
apprenticeship/traineeship,
vocational education and training,
university course, home education.
Age 17 or certificate III.
Exemption for 25 hours a week or
more of work.
Limited ability to check young
people are participating if not at
school.
Objects
Principles
School
Starting Age
Enrolment Attendance
Non-attendance
Behaviour
Support
Compulsory Ed
and Training
Currently… Proposed…
Compulsory education and
training
Compulsory education or training
starts
Approved learning program – school,
apprenticeship/traineeship, vocational
education and training, university
course.
Home education continues to be an
option.
Complete Year 12, certificate III or age
18, whichever occurs first.
Exemption for 35 hours a week or
more of work.
Data sharing to enable follow up where
young person has dropped out.
Applies to students in Year 7 in 2016
who will be in Year 11 in 2020.

12. C u r r e n t l y . . .
P r o p o s e d . . .
Managed at
school level.
Detention,
suspension,
expulsion.
Schools can
seek information.
Develop a risk
management plan.
Behaviour expectations
for adults.
Year 10 Age 16.
Education or Training
Age 17 or Cert III.
Exempt if 25hrs work.
Year 10 Age 16.
Education or Training
Year 12, Cert III or Age 18.
Exempt if 35hrs work.
Include online
attendance option.
Conciliation conference.
Compulsory Schooling Order.

Kinder 4yrs
Prep 5yrs

Attend every
school day.
Prosecution.

Kinder 3yr 6m
Prep 4yr 6m
Dual
enrolment.
Partial
enrolment.
Objects
Principles
School
Starting Age
Attendance
Non-attendance
Behaviour
Support
Compulsory Ed
and Training
Enrolment

13. Government
School Operations
Non-government
School Operations
Home
Education
Draft Legislative Frameworks

14. Government school operations
• Act sets out framework for the operation of government schools.
• Opportunity to ensure the framework is appropriate.
• Range of proposed changes…
• Considering all aspects of current Act including:
o student behaviour – behaviour management versus discipline
o home areas – clarify process
o school associations – parental engagement
o year 13 – consistent application.
Government
School Operations
Non-government
School Operations
Home
Education

15. Student behaviour
Act details behaviour which is
unacceptable and may lead to
disciplinary action, eg suspension or
expulsion.
Schools use range of strategies to
address unacceptable student
behaviour. Can include restorative
justice.
No legislative requirement for
alternative educational arrangements
where student is suspended but most
Government
School Operations
Non-government
School Operations
Home
Education
Currently… Proposed…
Government school
operations
Student behaviour
Secretary’s Instructions.
Disciplinary action to sit within a broader
behaviour management approach.
School behaviour management policy.
Suspension only when behaviour
management approaches have failed.
Exceptional circumstances where there is
an immediate risk.
Alternative educational arrangements
must be made where student is
suspended.

16. Home Areas
Minister may determine
home areas.
Entitlement to enrol in home
area school and able to
enrol in other school where
there is capacity.
Government
School Operations
Non-government
School Operations
Home
Education
Currently… Proposed…
Home Areas
Secretary to determine home areas –
operational management of system.
Required to determine at least every
five years.
Ability to enrol in out-of-area school
remains.
Secretary to publish instructions to
provide clarity.
Minister may determine a school of a
specified type.

17. Parental engagement
(school associations)
All government schools must have a
school association.
Range of roles include helping to
formulate
o school policies and code of conduct
o beliefs, values and priorities for
school
Can undertake trading activities
Government
School Operations
Non-government
School Operations
Home
Education
Currently… Proposed…
Parental engagement
(school associations)
Requirement for all government schools
to have an association has been retained.
Details re governance, functions/powers
and operations to be in Regulation.
Immunity from liability when acting in
good faith.
Associations to be unincorporated.

18. Non-government schools
• Act sets out framework for registration of non-government
schools.
• Opportunity to ensure the framework is appropriate.
• Range of proposed changes…
Government
School Operations
Non-government
School Operations
Home
Education
Non-government school operations

19. Regulation
Schools Registration Board regulates non-
government schools in Tasmania.
Board comprises representatives of peak
interest groups in the non-government sector.
Process and standards are the same for
registration of a new school and reregistration
of an existing school.
Schools are individually registered.
Board can only re-register or recommend
cancellation. Cannot register with conditions.
Some administrative support through a part-
time registrar.
Government
School Operations
Non-government
School Operations
Home
Education
Currently… Proposed…
Registration
Schools Registration Board is retained as
Non-government Schools Registration
Board.
Board membership remains representative
with an additional skills requirement.
Separate processes for registration of new
schools and re-registration of existing
schools.
Governing body of schools that operate as
part of a system able to seek registration as
a system.
Board has more options – register with
conditions.
More administrative support through an
expanded registrar’s role.

20. Government
School Operations
Home
Education
Non-government
School Operations
Home education
• Act sets out framework for home education.
• Opportunity to ensure the framework is appropriate.
• Range of proposed changes…
Home education

21. Home education managed by
Minister with support of Tasmanian
Home Education Advisory Council
(THEAC).
No standards in legislation against
which a home education plan is
assessed.
Monitoring visits as determined by
THEAC.
Monitoring officers not required to have
education qualifications.
Government
School Operations
Non-government
School Operations
Home
Education
Currently… Proposed…
Home education remains a legal option.
Tasmanian Home Education Advisory
Council is retained.
Standards in regulation against which
home education will be assessed.
Monitoring visits at least annually.
Independent registrar to manage process,
advised by THEAC.
Registration officers to have educational
qualifications.
Able to apply to partially enrol in school.Home education

22. Act details
unacceptable behaviour.
Alternative educational
arrangements not legislated for
suspensions.
Minister may determine home
areas.
School associations.
Government
School Operations
Non-government
School Operations
Home
Education
C u r r e n t l y . . .
P r o p o s e d . . .
Broader behaviour management
approach.
Alternative education
arrangements required
Secretary determines
home areas.
School associations continue.
No standards in legislation
against which a home
education plan is assessed.
No set time for monitoring
visits
No capacity to partially
enrol a home educated
child in a school.
Standards in regulation for
assessment of home ed. plan.
Monitoring visits at
least annually.
Can apply to partially enrol a
home-educated child in a
school.
Board - representatives of peak
interest groups.
Registration is the same for
new school and existing school.
Schools are individually registered.
Board requires additional
skills requirement.
Separate registration processes for
new schools and existing schools.
Governing body of a school system
able to seek registration.

23. Next Steps

24. • Consultation on draft Bill – 14 March – 13 May 2016.
o Information sessions
o Regulatory Impact statement
• Cabinet consideration and finalisation of the Bill.
• Introduction of Bill to Parliament – 2016 Spring session.
• Anticipated most provisions would commence during
2017, later for any changes to starting/leaving ages.
Next Steps

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2016 State of Tasmania (Department of Education)