Balancing health and safety with special educational needs

All domestic learners between the ages of 5 and 19 have the right to attend school full-time.

Therefore, your board needs to ensure the school has done everything possible to provide a safe and inclusive environment that meets the needs of students with special educational needs and all other members of the school community.

The challenge for boards is finding a solution that gives equitable weight to everyone’s rights.

What does the law say?

Under sections 33 – 35 of the Education and Training Actopen_in_new, all students aged 6 to 16 must be enrolled in school. This includes students with special education needs.

Section 36 of the Health and Safety at Work Actopen_in_new sets out the primary duty of care for a PCBU (person conducting a business or undertaking).

This means your board needs to do all that is reasonably practicable to ensure a safe working environment for all staff and students.

The meaning of reasonably practicable is defined under section 22 of the Health and Safety at Work Act 2015open_in_new.

What supports can be put in place?

Finding the right support can sometimes be a delicate balancing act that requires all staff, the student (as much as practicable), and their whānau/parents/caregivers to collaborate and find workable solutions to potential issues.

These solutions could be an individual behavioural plan (IBP) and/or an individual education plan (IEP).

The IBP should state what the student should do if they become distressed or need a safe space to go.

This allows them to have time out whenever necessary (depending on their needs and situation).

What happens if a student is suspended for harming another student or staff member?

During the student suspension meeting, your board should consider why the student acted the way they did and take into account any special educational needs.

Your board (in consultation with the student, whānau, and principal) will also have the opportunity to put conditions in place that the student must comply with, promoting a safe return to school.

For example, “The student must engage with staff when developing an IBP/IEP and follow their IBP/IEP once it begins.”

Your board should always publicly uphold the integrity of the principal, teaching staff, and the whānau/family concerned.

Board members need to seek assurance through the principal’s reporting that the school is doing everything reasonably practicable to be inclusive of and meet the needs of their local learners.

What should your board do?

Set high expectations for inclusive practices that focus on student and staff strengths.

Recognise that student distress may be a response to something not working in their immediate environment.

Prioritise resourcing to eliminate or mitigate any known barriers to student engagement.

Ensure all policies and procedures reflect the school’s values and promote an inclusive culture.

Support the principal with any requested applications for specific support or resourcing.

Questions your board could ask

Do we have a clear understanding of our students’ educational needs?
Do we have a pre-prepared list of possible options to support a safe return to school for students whose behaviour may result in suspension?

Templates, resources, and references

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