KuraHub

GuidesA closer look

What are stand-downs, suspensions, exclusions and expulsions?

What each of these terms means, how they differ, the limits the law places on them, what a school board decides, what parents are entitled to, and where to get help if you think a decision is unfair.

Every statement on this page comes from an official source: Ministry of Education, New Zealand Legislation (Education and Training Act 2020) and New Zealand Legislation.

When can a school send a student home?

The Ministry of Education says there is a very high bar for removing a student from school.1 Principals and boards making these decisions must take a considered and cautious approach, because they are actions of last resort.2

Under the Education and Training Act 2020, the principal of a State school (or the person responsible for teaching and learning in a charter school) may stand down or suspend a student if satisfied on reasonable grounds that the student’s gross misconduct or continual disobedience is a harmful or dangerous example to other students, or that because of the student’s behaviour it is likely the student or other students would be seriously harmed if the student were not stood down or suspended.3

A student cannot be sent home for breaking school rules unless they have been stood down or suspended.4

The Act’s sections on these powers (sections 80 to 89) apply only to domestic students at a State school or a charter school.5 The Act says the purpose of its sections on standing-down, suspension, exclusion and expulsion is to:6

  • To provide a range of responses for cases of varying degrees of seriousness.7
  • To minimise disruption to a student's attendance at school and help the student return to school when that is appropriate.8
  • To make sure individual cases are dealt with in line with the principles of natural justice.9

KuraHub school pages show how often these happen at a school. A rate on its own does not explain why, and it is not a measure of how good or bad a school is.

What is a stand-down?

A stand-down or suspension is when a principal, or someone acting on their behalf, sends a student home from school.10 Your child stays on the school roll and returns to school at the end of the stand-down or suspension.11 A stand-down is a cooling-off period, which the school, the student and their family can use to look at what happened and work together to try to stop it happening again.12

  • A stand-down may not exceed 5 school days in any one term, and a student may be stood down more than once in a year but for no more than 10 school days in total in that year.13
  • The day the student was stood down, and any day they would not have had to attend school anyway, are not counted in the stand-down.14
  • The principal may lift a stand-down before it is due to expire.15

The principal will tell you and your child about the stand-down by email, letter and/or phone call.16 The school might invite you and your child to a meeting, and you can also contact the school to ask for one.17

What happens while a student is stood down or suspended?

When a student is stood down or suspended, the principal must take all reasonable steps to make sure the student has the guidance and counselling that are reasonable and practicable in the circumstances.18 If a suspension is subject to conditions, the principal must take all reasonable steps to make sure an appropriate educational programme is provided to the student.19

If a parent asks for the student to be allowed to attend school during a stand-down or suspension, the principal must allow it if the principal considers the request reasonable.20 The Ministry gives sitting an exam or getting counselling at the school as examples of reasons you might ask for your child to go back to school.21

What is a suspension?

The school must follow a formal process if your child has been suspended.22 The principal writes a report for the school board explaining the reasons for the suspension, and the board invites you to a meeting about it.23

The board must give the student and a parent, in writing, information about its procedures at suspension meetings, advice that they and their representative may attend and speak, the principal’s report to the board on the suspension, and any other material about the suspension that the principal or board will present at the meeting.24 However it gives this information, the board must make sure it can reach the student and parent at least 48 hours before the suspension meeting; this time may be reduced if all parties agree.25

Unless the board has already lifted or extended it, or excluded the student, a suspension ends at the close of the seventh school day after the day of the suspension or, if the suspension happens within 7 school days of the end of a term, at the close of the tenth calendar day after it.26 The board must hold a suspension meeting before the applicable date. If it does not, the suspension expires, the student must return to school, and the board loses the power to lift the suspension with or without conditions, extend it, or exclude or expel the student.27 The Ministry calls the 7-day (or 10-day) rule absolute: a suspension cannot be delayed, even by agreement, and the Ministry has no discretion to change the date.28

After a suspension
  1. The principal reports to the board

    The principal writes a report for the school board explaining the reasons for the suspension, and the board invites you to a meeting about it.23

  2. The board sends you the papers

    The board must give the student and a parent, in writing, information about its procedures at suspension meetings, advice that they and their representative may attend and speak, the principal’s report to the board on the suspension, and any other material about the suspension that the principal or board will present at the meeting.24

  3. The meeting

    The student, a parent and their representatives are entitled to attend at least one board meeting, speak at it, and have their views considered before the board decides whether to lift or extend the suspension or exclude or expel the student.29

  4. The board decides

    At the meeting, the board decides whether the principal's reasons for the suspension are valid and then decides what happens next: it can lift the suspension without conditions, lift it with conditions for returning to school, extend it for a reasonable period, or exclude or expel your child.30

What are parents entitled to at the board meeting?

  • The student, a parent and their representatives are entitled to attend at least one board meeting, speak at it, and have their views considered before the board decides whether to lift or extend the suspension or exclude or expel the student.29
  • Your child can go to the meeting with you, and you can also bring a support person.31
  • Instead of attending in person, the student, a parent and their representatives may attend and speak by telephone conference or video link, but only if the student and a parent have asked for this.32

What can the board decide?

At the meeting, the board decides whether the principal's reasons for the suspension are valid and then decides what happens next: it can lift the suspension without conditions, lift it with conditions for returning to school, extend it for a reasonable period, or exclude or expel your child.30

If the board extends a suspension with conditions, it must set reasonable conditions aimed at helping the student return to school and take appropriate steps to help that return.33 Conditions must be something your child is able to meet.34

What are exclusion and expulsion?

Exclusions and expulsions are only for the most serious cases, and should be a last resort after all other options have been tried.35 The decision to exclude or expel a student is only to be made in circumstances that justify the most serious response.36

Exclusion and expulsion compared: Exclusion applies to a student under 16: the suspension is extended and the student is required to be enrolled at another school.37 Expulsion applies to a student aged 16 or over: the student must not attend the school and may be removed from the school roll.38

After an exclusion: If your child is under 16, they must legally be enrolled in a school.39 After an exclusion, the principal must try to arrange for the student to attend another school that is suitable and that the student can reasonably conveniently attend.40 If the principal can't find another school, the Ministry of Education will help, and it can direct another state school to take your child.41 If there are no other options, this could be the same school that excluded your child.42

After an expulsion: If your child is expelled when aged 16 or over, the school does not have to re-enrol them or find them a new school.43 An expelled student may try to enrol at another school but does not have to.44 The Ministry of Education is unable to lift an expulsion.45

Exclusion and expulsion

Exclusion

  • Exclusion applies to a student under 16: the suspension is extended and the student is required to be enrolled at another school.37
  • After an exclusion, the principal must try to arrange for the student to attend another school that is suitable and that the student can reasonably conveniently attend.40
  • If the principal can't find another school, the Ministry of Education will help, and it can direct another state school to take your child.41

Expulsion

  • Expulsion applies to a student aged 16 or over: the student must not attend the school and may be removed from the school roll.38
  • If your child is expelled when aged 16 or over, the school does not have to re-enrol them or find them a new school.43
  • The Ministry of Education is unable to lift an expulsion.45

Where can parents get help?

The school will give you an information sheet if your child has been stood down, suspended, excluded or expelled.46 If you think your child has been sent home unfairly, you should first raise your concerns with the principal.47

  • If you are not happy with the principal's response, you can contact the school board; your regional Ministry of Education office can also give you advice.48
  • If you are still unhappy, you can complain to the Ombudsman.49
  • You can also go to the Student Rights Service and Community Law.50

This page is general information, not legal advice. The use of these powers is subject to review by the Ombudsman and can be judicially reviewed.51

Sources

Every statement on this page comes from an official page, quoted in full here.

Each numbered statement above is followed here by the words of the official page it comes from. Every quote was checked against its page on .

  1. “There is a very high bar for removing a student from school.”

    Ministry of Education · education.govt.nz/parents-and-caregivers/schools-year-0-13/atte… ↑

  2. “principals and boards making stand down, suspension, exclusion and expulsion decisions must apply a considered and cautious approach as they are actions of last resort.”

    Ministry of Education · education.govt.nz/education-professionals/schools-year-0-13/adm… ↑

  3. “The principal of a State school or the person responsible for teaching and learning in a charter school may stand down or suspend a student if satisfied on reasonable grounds that— (a) the student’s gross misconduct or continual disobedience is a harmful or dangerous example to other students at the school; or (b) because of the student’s behaviour, it is likely that the student, or other students at the school, would be seriously harmed if the student were not stood down or suspended.”

    New Zealand Legislation (Education and Training Act 2020) · legislation.govt.nz/act/public/2020/38/en/latest ↑

  4. “A student cannot be sent home if they have broken school rules but haven't been stood down or suspended.”

    Ministry of Education · education.govt.nz/parents-and-caregivers/schools-year-0-13/atte… ↑

  5. “Sections 80 to 89 (and any rules made under section 89 ) apply only in relation to domestic students at a State school or a charter school”

    New Zealand Legislation (Education and Training Act 2020) · legislation.govt.nz/act/public/2020/38/en/latest ↑

  6. “The purpose of sections 79 to 89 relating to the standing-down, suspension, exclusion, or expulsion of a domestic student from a State school or a charter school is to—”

    New Zealand Legislation · legislation.govt.nz/act/public/2020/38/en/latest ↑

  7. “provide a range of responses for cases of varying degrees of seriousness”

    New Zealand Legislation (Education and Training Act 2020) · legislation.govt.nz/act/public/2020/38/en/latest ↑

  8. “minimise the disruption to a student’s attendance at school and facilitate the return of the student to school when that is appropriate”

    New Zealand Legislation (Education and Training Act 2020) · legislation.govt.nz/act/public/2020/38/en/latest ↑

  9. “ensure that individual cases are dealt with in accordance with the principles of natural justice”

    New Zealand Legislation (Education and Training Act 2020) · legislation.govt.nz/act/public/2020/38/en/latest ↑

  10. “A stand down or suspension is when a principal, or someone acting on their behalf, sends a student home from school.”

    Ministry of Education · education.govt.nz/parents-and-caregivers/schools-year-0-13/atte… ↑

  11. “Your child will stay on the school roll and return to school at the end of the stand down or suspension.”

    Ministry of Education · education.govt.nz/parents-and-caregivers/schools-year-0-13/atte… ↑

  12. “A stand down is a cooling off period. The school, student and their whānau can use this time to look at what happened and work together to try and stop it from happening again.”

    Ministry of Education · education.govt.nz/parents-and-caregivers/schools-year-0-13/atte… ↑

  13. “(a) the period or periods may not exceed 5 school days in any one term: (b) a student may be stood down more than once in the same year but for not more than 10 school days in total in that year:”

    New Zealand Legislation (Education and Training Act 2020) · legislation.govt.nz/act/public/2020/38/en/latest ↑

  14. “in calculating the period of a stand-down, the day on which the student was stood down, and any day on which the student would not have had to attend school in any event, may not be counted”

    New Zealand Legislation (Education and Training Act 2020) · legislation.govt.nz/act/public/2020/38/en/latest ↑

  15. “may lift the stand-down before it is due to expire”

    New Zealand Legislation (Education and Training Act 2020) · legislation.govt.nz/act/public/2020/38/en/latest ↑

  16. “The principal will let you and your child know of the stand down in an email, a letter and/or a phone call.”

    Ministry of Education · education.govt.nz/parents-and-caregivers/schools-year-0-13/atte… ↑

  17. “Your school might invite you and your child to a meeting. You can also contact the school to ask for a meeting.”

    Ministry of Education · education.govt.nz/parents-and-caregivers/schools-year-0-13/atte… ↑

  18. “the principal or person responsible for teaching and learning in a charter school must take all reasonable steps to ensure that the student has the guidance and counselling that are reasonable and practicable in all the circumstances of the stand-down or suspension.”

    New Zealand Legislation (Education and Training Act 2020) · legislation.govt.nz/act/public/2020/38/en/latest ↑

  19. “If a student’s suspension is subject to conditions, the principal or person responsible for teaching and learning in a charter school must take all reasonable steps to ensure that an appropriate educational programme is provided to the student.”

    New Zealand Legislation (Education and Training Act 2020) · legislation.govt.nz/act/public/2020/38/en/latest ↑

  20. “must allow the student to attend the school if a parent of the student requests that the student be permitted to attend the school and the principal or person responsible for teaching and learning in a charter school considers the request is reasonable”

    New Zealand Legislation (Education and Training Act 2020) · legislation.govt.nz/act/public/2020/38/en/latest ↑

  21. “You can ask for your child to go back to school if they need to for a specific reason, like sitting an exam or getting counselling at the school.”

    Ministry of Education · education.govt.nz/parents-and-caregivers/schools-year-0-13/atte… ↑

  22. “The school must follow a formal process if your child has been suspended.”

    Ministry of Education · education.govt.nz/parents-and-caregivers/schools-year-0-13/atte… ↑

  23. “The principal will write a report for the school board explaining the reasons for the suspension. The school board will invite you to a meeting about your child's suspension.”

    Ministry of Education · education.govt.nz/parents-and-caregivers/schools-year-0-13/atte… ↑

  24. “The board must give the student and a parent in writing: information about the procedures that it follows at suspension meetings (so they know what to expect) advice that the student and their parents and their representative may attend the meeting and speak at it about the suspension (so they know how to prepare) the principal’s report to the board on the suspension (so they know the case they have to answer) any other material about the suspension that the principal or board are going to present at the meeting (so there are no surprises).”

    Ministry of Education · education.govt.nz/education-professionals/schools-year-0-13/adm… ↑

  25. “The board must ensure, however it gives this information, that it is able to reach the student and their parent at least 48 hours before the suspension meeting (allow for the post). If all the parties agree, this time may be reduced.”

    Ministry of Education · education.govt.nz/education-professionals/schools-year-0-13/adm… ↑

  26. “If the board or sponsor has not sooner lifted or extended it or excluded the student under subsection (1)(c), the suspension of the student ceases to have effect— (a) at the close of the seventh school day after the day of the suspension; or (b) if the suspension occurs within 7 school days before the end of a term, at the close of the tenth calendar day after the day of the suspension.”

    New Zealand Legislation (Education and Training Act 2020) · legislation.govt.nz/act/public/2020/38/en/latest ↑

  27. “The board must make sure that it holds a suspension meeting before the applicable date. If it does not, the suspension expires, the student must return to school and the board loses the power to lift the suspension with or without conditions, extend it, exclude or expel the student.”

    Ministry of Education · education.govt.nz/education-professionals/schools-year-0-13/adm… ↑

  28. “The 7-day (or 10-day) rule is absolute. A suspension cannot be delayed, even by agreement. It may proceed without the parent being present. The Ministry of Education has no discretion to change the date.”

    Ministry of Education · education.govt.nz/education-professionals/schools-year-0-13/adm… ↑

  29. “the student, a parent of the student, and their representatives are entitled to attend at least 1 meeting of the board or sponsor and speak at that meeting, and to have their views considered by the board or sponsor before it decides whether to lift or extend the suspension or exclude or expel the student.”

    New Zealand Legislation (Education and Training Act 2020) · legislation.govt.nz/act/public/2020/38/en/latest ↑

  30. “At the meeting, the board will decide if the principal's reasons for the suspension are valid, and then decide what to do next. They can: lift the suspension without conditions lift the suspension with conditions for returning to school extend the suspension for a reasonable period exclude or expel your child.”

    Ministry of Education · education.govt.nz/parents-and-caregivers/schools-year-0-13/atte… ↑

  31. “Your child can go to the meeting with you. You can also bring a support person.”

    Ministry of Education · education.govt.nz/parents-and-caregivers/schools-year-0-13/atte… ↑

  32. “Instead of attending and speaking at a meeting of the board or sponsor in person, the student, a parent of the student, and their representatives may attend and speak by way of telephone conference or video link. (3) However, a telephone conference or video link may be used only if the student and a parent of the student have requested it to be used.”

    New Zealand Legislation (Education and Training Act 2020) · legislation.govt.nz/act/public/2020/38/en/latest ↑

  33. “If the board or sponsor extends a suspension conditionally, the board or sponsor must impose reasonable conditions aimed at facilitating the return of the student to school and must take appropriate steps to facilitate the return of the student to school.”

    New Zealand Legislation (Education and Training Act 2020) · legislation.govt.nz/act/public/2020/38/en/latest ↑

  34. “Conditions must be something your child is able to meet.”

    Ministry of Education · education.govt.nz/parents-and-caregivers/schools-year-0-13/atte… ↑

  35. “Exclusions and expulsions are only for the most serious cases. They should be a last resort after all other options have been tried.”

    Ministry of Education · education.govt.nz/parents-and-caregivers/schools-year-0-13/atte… ↑

  36. “The decision to exclude or expel a student is only to be made in circumstances that justify the most serious response.”

    Ministry of Education · education.govt.nz/education-professionals/schools-year-0-13/adm… ↑

  37. “This means the student (under 16) must not attend your school (unless permitted by the principal). This is the most serious response. An exclusion means that the suspension is extended, and the student is required to be enrolled at another school.”

    Ministry of Education · education.govt.nz/education-professionals/schools-year-0-13/adm… ↑

  38. “The student (16 or over) must not attend your school and may be removed from the school roll.”

    Ministry of Education · education.govt.nz/education-professionals/schools-year-0-13/adm… ↑

  39. “If your child is under 16, they must legally be enrolled in a school.”

    Ministry of Education · education.govt.nz/parents-and-caregivers/schools-year-0-13/atte… ↑

  40. “must try to arrange for the student to attend another school that is suitable and that the student can reasonably conveniently attend”

    New Zealand Legislation (Education and Training Act 2020) · legislation.govt.nz/act/public/2020/38/en/latest ↑

  41. “If the principal can't find another school, we will help. We can direct another state school to take your child.”

    Ministry of Education · education.govt.nz/parents-and-caregivers/schools-year-0-13/atte… ↑

  42. “If there are no other options, this could be the same school that excluded your child.”

    Ministry of Education · education.govt.nz/parents-and-caregivers/schools-year-0-13/atte… ↑

  43. “If your child is expelled when they are aged 16 or over, the school does not have to re-enrol them or find them a new school.”

    Ministry of Education · education.govt.nz/parents-and-caregivers/schools-year-0-13/atte… ↑

  44. “The student may try to enrol at another school but does not have to.”

    Ministry of Education · education.govt.nz/education-professionals/schools-year-0-13/adm… ↑

  45. “The Ministry of Education is unable to lift an expulsion.”

    Ministry of Education · education.govt.nz/education-professionals/schools-year-0-13/adm… ↑

  46. “The school will give you an information sheet if your child has been stood down, suspended, excluded or expelled.”

    Ministry of Education · education.govt.nz/parents-and-caregivers/schools-year-0-13/atte… ↑

  47. “If you think your child has been sent home unfairly, you should first raise your concerns with the principal.”

    Ministry of Education · education.govt.nz/parents-and-caregivers/schools-year-0-13/atte… ↑

  48. “If you are not happy with the response from the principal, you can contact the school board. Your regional ministry office can also give you advice.”

    Ministry of Education · education.govt.nz/parents-and-caregivers/schools-year-0-13/atte… ↑

  49. “If you are still unhappy, you can complain to the ombudsman.”

    Ministry of Education · education.govt.nz/parents-and-caregivers/schools-year-0-13/atte… ↑

  50. “You can also go to the student rights service and Community Law.”

    Ministry of Education · education.govt.nz/parents-and-caregivers/schools-year-0-13/atte… ↑

  51. “Use of these powers are subject to review by the Ombudsman and can be judicially reviewed.”

    Ministry of Education · education.govt.nz/education-professionals/schools-year-0-13/adm… ↑