Board bylaws
Section 126 of the Education and Training Act 2020open_in_new allows boards to make bylaws.
Before making a bylaw, it's vital to consult your school's staff, the community, and the students (when your board considers it appropriate).
The consultation process helps ensure your school's rules are appropriate for and supported by the community.
What is a bylaw?
A bylaw is a school rule made by a board.
Your board may delegate the authority to make school rules to the principal or other staff members.
However, these are still considered bylaws.
When do you need to consult with your community?
You need to consult your community when making a new school rule or changes to an existing school rule if:
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it is made by your board or someone with delegated authority from your board, and
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if the school intends to enforce full compliance with the rule, and there are disciplinary and/or consequences for any student who does not follow or "breaks" the rule.
Your board must also consult if the school rule has implications for students' legal rights.
For example, your board intends to make a rule that students must wear the correct uniform for all hours of the school day. Students not wearing the proper uniform will be given detentions.
Your board must consult the school's community because:
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your board intends to enforce compliance with the rule, and
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the rule will impact students' legal rights regarding their freedom of expression.
You also need to consult your community when adopting a new policy or changing an existing policy if the new or changing policy matches any of the points listed above.
When do you not need to consult with your community?
You do not need to consult on general management decisions.
For example, your principal might create a rule making a classroom out of bounds for students because maintenance work has created a health and safety risk.
Students who break this rule will be given detentions. But your board doesn't need to consult the school's community even though there will be consequences for breaches.
That's because the principal made this general management decision, not your board or a delegated authority.
You also don't need to consult on governance policies and procedures that do not match any of the previous section's points ("When do we need to consult with our community?")
How often should you review your bylaws?
School rules and policies that are bylaws will be reviewed according to your board or school review schedule. Or when circumstances dictate.
Being a bylaw does not change this.
It's good to allow time for consultation with your community in your review schedule.
Questions your board could ask
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Have we identified which of our policies are bylaws?
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Does our review schedule allow time for community consultation where necessary?
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Could we schedule a review of bylaws so we can consult on a group of them together?
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Have we factored this into our board communications plan?
Templates, resources, and references
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Links from us
Education and Training Act 2020