Student suspension meetings

A suspension is the formal removal of a student from school until your board holds a suspension meeting to decide the outcome.

Your principal will advise the student's parent(s) about the suspension as soon as possible, the reason for it, and then notify your board.

Your board has several obligations to meet and processes to follow.

You can go to this website and download the Ministry of Education's Stand-downs, suspensions, exclusions and expulsions guidelinesopen_in_new, which give an overview of what is involved.

Missing one of these steps or time frames can automatically result in the suspension being lifted and the student returning to school.

The following will help you understand your board's role in a student suspension meeting.

What is a suspension meeting?

The purpose of a suspension meeting is for your board to independently review the suspension process undertaken by your principal and decide what the outcome will be for the student.

If your board finds the principal's decision to suspend was not legally justified or did not follow a fair process, the board will have no other choice than to lift the suspension and allow the student to return to school.

When do you hold a suspension meeting?

Your board must hold the suspension meeting:

Within seven school days of the student being suspended, or
If it was in the last week of a term, within ten calendar days from the day they were suspended.

What written information does your board need to provide?

The following information must reach the student and their parent(s) at least 48 hours before the suspension meeting (if all the parties agree, this timeframe may be reduced):

When and where the suspension meeting will be (so they can plan to attend).
What options your board has for dealing with the suspension (so they know the possible consequences).
Information about the procedures of suspension meetings (so they know what to expect).
Advice that the student, their parent/guardian, and/or their representative may attend the meeting and speak about the suspension (so they can prepare).
The principal's report to your board on the suspension (so they know the case they must answer).
All material that the principal or your board will present (so there are no surprises).

Note: Your principal will normally be responsible for communications with the student's parents, as they have their contact details and all the necessary information.

How many board members do you need to hold a suspension meeting?

Your board must be able to form a quorum to hold a suspension meeting.

A meeting quorum consists of more than half the board members currently holding office.

Note: Your principal has a different role in suspension meetings and is not counted towards a quorum.

Another option for your board is to delegate the power to make decisions in suspension cases to a committee of at least two people.

Many boards like this approach because a smaller group of board members present at the suspension meeting is less intimidating for the student, and it can also be challenging to form a quorum quickly.

As with all committees, a written board resolution must establish the committee and delegate the power to act on the board's behalf.

Who attends the suspension meeting?

Your principal should always attend the meeting to explain their decision to suspend.

The delegated board members or quorum of board members must also be present.

The student and their parent(s), guardian, and/or their representative are entitled to attend the suspension meeting, and it doesn't have to be in person.

They can participate in the meeting by teleconference or video link if it is requested in writing in advance (such as by text or email) with enough time for the principal/board to make the necessary arrangements.

The meeting can only go ahead without the student and/or their parent(s), if your board is satisfied that:

They have been notified of the meeting, and
Given a copy of the principal's report at least 48 hours prior.

What happens at the suspension meeting?

The format and focus for a suspension meeting should be on reviewing your principal's process and decision, hearing from everyone, deciding if the suspension was legally justified and fair, and finding a way forward for the student.

The key elements of the suspension meeting are:

Review your principal's report.
Invite the student and their parent(s) to respond.
Discuss the information provided and check that the suspension meets the legal criteria and is fair.
Consider your alternatives and make your decision.
Advise the principal, the student, and their parent(s) of the outcome of the suspension meeting.

What should the principal's report contain?

Your principal's report should be factual and objective.

It should include the following:

Clear, accurate, and neutral information about what, when, and where the incident happened.
The steps undertaken by your principal during the investigation process.
The reasons why your principal considers the incident a justified suspension (such as gross misconduct, continual disobedience, or behaviour risking serious harm).
Any other appropriate background information about the student's history, including any pastoral care (such as additional support, information to show how the school has worked with the parent/caregivers/whānau to address issues, referral to any agencies, etc.).

Note: Unless the student has been suspended for continual disobedience, the purpose of this background information is to provide info about the student and must not be confused with your principal's reasons for the suspension.

You may ask your principal questions about the report at the suspension meeting (not before).

However, any questions must be asked and answered in front of the student and their parent(s).

This ensures your board is following the principles of "natural justice."

What is natural justice?

Students have the same protection rights as anyone else under the legal principle of "natural justice."

Natural justice means you must be treated fairly, and any decisions affecting your rights should be made using fair processes.

In terms of suspension meetings, this means the student has the right to:

Be heard – they should be given a chance to explain what happened in their own words or from their parent(s) on the student's behalf.
Not be pre-judged – your board must approach its decision with an open mind (you cannot pre-determine what the outcome of the suspension meeting will be).
A board decision made in good faith and without bias.

What happens if someone requests an adjournment of a suspension meeting?

An adjournment is when a meeting is paused or deferred.

Your board must adjourn the suspension meeting if a student, their parent(s), your principal, or one of your board members requests an adjournment; and the adjournment is to consider new information, which either:

Was not given to the student, their parent(s) before the meeting, or
Is new to the student, their parent(s), your principal, or one of your board members for some other reason.

The purpose of the adjournment is to consider the new information and not to create it.

Therefore, your board will need to consider how long the person(s) needs to consider the new information and decide how long to adjourn.

If you do adjourn, you must still decide the outcome of the suspension within the timeframe required.

(Seven school days of the student being suspended, or if it was in the last week of a term, within ten calendar days from the day the student was suspended.)

If you do not, the suspension expires, and the student must return to school.

Who stays in the suspension meeting while you discuss your options?

While your board are deliberating and making your decision, you must either:

Require all the other parties to withdraw from the meeting, or
Ask all the other parties to stay at the meeting.

If the student and their parent(s) are asked to withdraw from the meeting, your principal must withdraw too.

This is because your principal has a different role from other board members at a suspension meeting and is not there as a decision-maker.

How do you make your decision?

When making your decision, you must apply all the same tests as your principal:

Was the incident gross misconduct, continual disobedience, or behaviour risking serious harm?
If the incident was gross misconduct or continual disobedience, did it set a harmful or dangerous example to other students at school?
What part did the student's circumstances play?
What further action is appropriate?

This is a balancing exercise, and you must consider all relevant circumstances for the student.

To help you do this, think about:

How other students have been affected
Whether leniency would be appropriate
Your obligations regarding natural justice
Your obligations to provide a range of responses for varying degrees of seriousness cases.

The courts provide the following guidance:

"The obligations to think through all your options and consider all the circumstances are designed to protect children. They are not to be sacrificed to administrative or disciplinary efficiency or some supposed need for absolute certainty. Results must not be fixed: they must instead be fair."

What decisions can you make?

The four possible outcomes are:

Lift the suspension without conditions
Lift the suspension with reasonable conditions
Extend the suspension with reasonable conditions for a reasonable period
Exclude or expel the student.

What are suspension conditions?

Boards can change and modify student behaviour by imposing the right suspension conditions.

These are things that the student must do either before returning to school or when they return to school once the suspension is lifted.

You may impose any condition that is:

Reasonable, and
Aimed at facilitating the student's return to school (if you are extending a suspension).

Your principal may ask your board to reconsider your original decision at a reconsideration meeting if the conditions are not workable or if the student is not complying with their conditions.

You can read more about student suspension conditions and reconsideration meetings in our related articles.

From time to time, your board may receive a complaint from a parent who is unhappy with your board’s decision. If this happens, follow your regular concerns and complaints process (which may lead to a review of your process).

What is lifting the suspension without conditions?

Lifting the suspension without conditions means the student must return to school and attend full time.

The formal disciplinary process ends, and the board is no longer involved. There are no conditions.

What is lifting the suspension with conditions?

This means the student can return to school and attend full time, but they must comply with any conditions you've imposed.

If the student does not comply with these conditions, the principal may request a reconsideration meeting.

What is extending the suspension with conditions?

This means the student must not attend school (unless permitted by your principal) and must comply with any conditions you've imposed.

These conditions must be aimed at facilitating the student's return to school.

The student will return to school once the conditions are met or the extended suspension period expires (whichever occurs first).

While a student is out of school on an extended suspension, your principal must provide appropriate guidance and counselling to the student.

Your principal must also provide an appropriate educational programme to facilitate their return to school and minimise the educational disadvantages due to school absence.

Your principal may request a reconsideration meeting if the student fails to comply with the conditions.

If the extended suspension is for four weeks or more, your principal must monitor their progress and report on the student's progress at each regular board meeting.

What is an exclusion?

Exclusion is the formal removal of a student aged under 16 from your school.

Your principal must try to arrange for the student to attend another suitable school that the student can reasonably conveniently attend.

If your principal cannot arrange this (by the tenth school day after the day of the board's decision to exclude the student), the Secretary of Education must be advised.

The Ministry of Education will check what steps your principal has undertaken and make all reasonable attempts to consult the student's parents, the board, and any other person or organisation interested in, able to help with, or advise on the student's education or welfare.

The Ministry may then decide to:

Lift the exclusion/expulsion and enable the student to return to your school (if appropriate), or
Arrange for enrolment and, if necessary, direct the board of any other state school (that is not an integrated school) to enrol the student, or
Arrange for the student to enrol at Te Kura (Te Aho o Te Kura Pounamu | the Correspondence School).

What is an expulsion?

Expulsion is the formal removal of a student aged 16 or over from the school.

If the student wishes to continue schooling, they may enrol elsewhere.

While there is no requirement, many principals will help the student find somewhere else to enrol.

How do you record your decision?

You must record your decision, and the reasons for it, in writing.

Your records need to be complete.

The report should contain enough information to show that you applied the suspension meeting criteria and considered all the available options.

How do you communicate your decision?

It's up to your board to determine how to communicate your decision.

It may be verbal or written (we recommend you always follow up in writing).

You can head to this website, download, and use the Ministry of Education's template lettersopen_in_new.

Questions your board could ask

Do we have a student suspension meeting committee?
If so, have we got a written resolution delegating the power to the committee to act on the board's behalf?
Do we know what our board's role is in suspension meetings?
Do we reflect on previous suspension meetings and look for ways to improve?

Templates, resources, and references

Click on the link(s) below to access the templates, resources, and references related to this topic.

These may download or open in a separate browser depending on your device.