Schooling

Do I have to enrol my child in school?

All children must receive schooling from the age of six until they reach the minimum school leaving age. This is known as the compulsory schooling age.

This can include:

• schooling at a government or non-government registered school, or 
• home schooling.

You have a legal duty to ensure that your child receives schooling while they are of compulsory schooling age.

What will happen if I don’t enrol my child in school?

If you don’t enrol your child in school, you are committing an offence and you may be prosecuted in the Local Court. If you are found guilty, you may receive a fine or a Community Correction Order.

A report may also be made to the Department of Communities and Justice that your child is at risk of significant harm.

The Secretary of the Department of Education may also enrol your child at a public school, if they have a Compulsory Schooling Order that allows them to do so. 

When can my child leave school?

A child can leave school if they are 17 years old, or if they have completed year 10 before they turn 17 and they are:

• in approved full time education or training, such as an apprenticeship or traineeship, or
• employed full-time, or
• a combination both.
  

My child is no longer completing their apprenticeship. Do they have to go back to school?

Your child can stop work or training for up to three months in any 12-month period, without having to go back to school. 

If they stop work or training for more than three months, they will revert back to compulsory school-age and will have to go back to school. 

Do I have to send my child to school?

If your child is of the compulsory schooling age you have a legal duty to ensure that your child receives schooling.

This can include:

• schooling at a government or non-government registered school, or 
• home schooling. 

If you don’t send your child to school, you are committing a criminal offence.

The school may also make a report to the Department of Communities and Justice that your child is at risk of significant harm.

For more information, see Compulsory School Attendance - Information for parents on the NSW Government Education website.

How often does my child have to attend school?

Your child must attend school whenever it is open to them unless there is a reasonable excuse for them not to.

A reasonable excuse may include:

• illness or injury
• an unavoidable medical appointment
• an accident or unforeseen event, such as a funeral
• a recognised religious holiday
• a suspension (only during the period of the suspension)
• expulsion
• a certificate of exemption from attending a particular class (only valid for the class named in the exemption)
• a direction under the Public Health Act 2010.

What will happen if I don’t send my child to school?

If you don’t send your child to school, the school may:

• ask to meet with you and your child
• refer your child to the school’s Learning and Support Team
• refer your child to the school counsellor
• put your child in a support program.

If you child continues to miss school, a home-school liaison officer may come to your home to speak to you and your child about why they haven’t been going to school.

The Secretary of the Department of Education may:

• direct you to attend a compulsory schooling conference to develop a plan to support your child’s attendance at school
• ask you for an undertaking.
  

The Secretary may also apply to the Children’s Court for:

• a Compulsory Schooling Conference Order, and
• a Compulsory Schooling Order.

If a Compulsory Schooling Order is made, the Secretary may also enrol your child at a public school if the order allows them to do so. 

For more information, see About Compulsory Schooling Orders on the Childrens' Court NSW website.

The school may also make a report to the Department of Communities and Justice that your child is at risk of significant harm.

My child’s school has asked me to explain why they didn’t go to school. Do I have to give a reason?

If your child was absent from school, you should give the school an explanation within seven days. If you don’t, the school may record your child’s absence as being unjustified/unexplained.

If your child has too many unjustified/unexplained absences, the school may:

• ask to meet with you and your child
• refer your child to the school’s Learning and Support Team
  
• refer your child to the school counsellor
• put your child in a support program
• refer your child to the Home School Liaison Program. 

The Secretary of the Department of Education may:

• direct you to attend a compulsory schooling conference to develop a plan to support your child’s attendance at school
• apply for a Compulsory Schooling Conference Order
• apply for a Compulsory Schooling Order. 

Your child’s school may also make a report to the Department of Communities and Justice that your child is at risk of significant harm.

What can I do if my child won’t go to school?

You should speak to your child’s Principal to develop some strategies to encourage your child to go to school.

The Principal may: 

• refer your child to the school’s Learning and Support Team
• refer your child to the school counsellor
• put your child in a support program
• refer your child to the Home School Liaison Program. 

If your child still won’t go to school, you may be asked to attend a compulsory schooling conference.

If your child is over 12, the Secretary of the Department of Education may apply for a Compulsory Schooling Order against your child.

What is a Compulsory Schooling Conference?

A Compulsory Schooling Conference is designed to identify and address the reasons for a child not attending school. 

At a conference, the convenor will ask parties to:

• identify and discuss any issues in dispute
• identify any services that would assist the child to attend school
• agree on any undertakings or orders to be considered by the Children’s Court. 

Conferences are confidential. Anything you say or any document prepared in relation to the conference can’t be used against you in Court, except in Care and Protection proceedings. 

The Children’s Court can make an order requiring a child’s parent to attend a conference to discuss their child’s unsatisfactory school attendance.

If you have been asked, or ordered, to attend a Compulsory Schooling Conference, you should get legal advice.

Who can attend a Compulsory Schooling Conference?

The conference convenor will decide who can attend a Compulsory Schooling Conference. 

This may include:

• the child’s parents and their legal representative(s)
• the child and their legal representative
• the Home School Liaison Officer
• the school principal
• the child’s teacher.

What is a Compulsory Schooling Undertaking?

A Compulsory Schooling Undertaking is an agreed plan between the Secretary of the Department of Education, the child's school, parents and agencies to support a child’s attendance at school.

The undertaking may deal with the reasons why the child is not attending school. For example, transport will be provided to get the child to school, an alarm clock will be used and the child will be out of bed at a set time, or the parent will attend drug and alcohol counselling sessions.

The arrangements may be made before, during or after a conference concerning the child.

A Compulsory Schooling Undertaking may, with the agreement of the Secretary, be varied or revoked at any time.

A Compulsory Schooling Undertaking is admissible in evidence in proceedings about school attendance.

If you are asked to sign a Compulsory Schooling Undertaking, you should get legal advice. 

What will happen if I breach a Compulsory Schooling Undertaking?

An undertaking is a written promise.

If you have signed an undertaking, you must follow it until:

• your child is old enough not to attend school anymore
• the Secretary of the Department of Education (Secretary) agrees to your undertaking being revoked. 

If you breach your undertaking, the Secretary may:

• make an application to the Children’s Court for a Compulsory Schooling Order against you
• prosecute you for not sending your child to school. 

If you are being prosecuted, your undertaking can be used as evidence against you in Court. If you are found guilty of an offence, the Court can use your undertaking to decide how much to fine you. 

If you think you have breached your undertaking, you should get legal advice. 

What is a Compulsory Schooling Order?

A Compulsory Schooling Order is an order made by the Children’s Court that requires a child to receive compulsory schooling. 

An order can be made against:

• a child’s parents, or
• a child aged 12 years or over if the child is living independently, or if the child’s parents can’t get the child to go to school because they are disobedient. 

It can be made as an interim or final order. 

Where an order is made, it will stay in force until whichever occurs first:

• the date specified in the order, or
• the child is no longer of compulsory schooling age, 
• it is revoked. 

If an application for a Compulsory Schooling Order has been made against you, you should get legal advice.

Can I appeal a Compulsory Schooling Order?

If a Final Compulsory Schooling Order has been made against you, you may be able to appeal within 28 days. 

You can’t appeal an interim Compulsory Schooling Order. 

Before you appeal, you should get legal advice.

What will happen if I breach a Compulsory Schooling Order?

If you breach a Compulsory Schooling Order, you can be prosecuted:

• in the Local Court, if you are 18 years or older
• in the Children's Court, if you are under 18 years. 

If you are found guilty, you may receive:

• a fine for each time your child did not attend school, or 
• a Community Correction Order.

Your child’s school may also make a report to the Department of Communities and Justice that your child is at risk of significant harm.

If you have to attend court for breaching a Compulsory Schooling Order, you should get legal advice. 

Are there any defences to breaching a Compulsory Schooling Order?

If you breach a Compulsory Schooling Order, you may have a defence if your child:

• was enrolled at, or attended school in another State, Territory, or was participating in distance education
• was participating in an alternative education program approved by the Minister for children unable, for social, cultural or other reasons, to participate in formal education
• was participating in a program established by the Minister to adjust more successfully to school life or improve behaviour
• had a certificate of exemption that they don’t have to attend school or particular classes
• was attending a school that you reasonably believed was a government or registered non-government school
• was given permission to and was enrolled in a year 10 equivalent TAFE course
• was prevented from attending school because of a medical condition, an accident or unforeseen event, and within seven days after that condition became apparent, or the accident or event occurred, you provided their school with a medical certificate
• had not been absent for more than three days during the preceding three months immediately preceding the absence complained of
• was suspended from a government school
• could not gain admission to any available school in the State because they had been expelled from a school
• was absent from school because of their disobedience, the failure of someone else to adhere to an undertaking, or they were living independently of you. 

If you are being prosecuted for breaching a Compulsory Schooling Order, you should get legal advice.

Can my child’s teacher hit my child?

Teachers are not allowed to use any kind of physical force to punish or correct a student. However, they are allowed to use reasonable physical force to prevent personal injury or property damage occurring to any person, including students.

What can the school do if my child breaks a school rule?

The school may have rules around being disruptive, wearing uniform, homework and misconduct.

If your child breaks a school rule, they may:

• get detention during lunch, free periods or any break during the school day
• be told to do a school service
• be suspend or expelled.

You should check with your child's school to see if they have a policy about school rules and discipline.

Can I get into trouble at school for what I post on social media?

You can get into trouble at school for what you post on social media if you:

• use your school’s computers to access your social media accounts and you don’t follow the school’s rules about online behaviour
• use your social media accounts to bully someone from school
• threaten other students or staff on social media. 

For more information, see Getting into trouble on social media on the Youth Law Australia website.

What reasons can a student be suspended for?

A principal can suspend a student from school for:

• continued disobedience
  
• aggressive behaviour
  
• physical violence
• possessing a firearm, prohibited weapon, or knife
  
• possessing, using, or supplying a suspected illegal substance (not including alcohol or tobacco)
  
• serious criminal behaviour related to the school
  
• using an implement as a weapon
  
• persistent or serious misbehaviour, including making threats against staff and students, and bullying.
  

This behaviour can occur:

• at school
• outside of the school gates
• on the way to school
• at school-endorsed learning activities
• on social networking sites, mobile phones or other devices, where other students or staff are affected.

How long can a student be suspended from school?

A student may be given a short suspension or a long suspension.

A student who is given a short suspension can be suspended from school for up to four days. 

A principal can give a student a short suspension for:

• continued disobedience, and
• aggressive behaviour. 

A student who is given a long suspension can be suspended for up to 20 days.

A principal can give a student a long suspension for:

• physical violence
• use or possession of a prohibited weapon, firearm or knife
• possessing, supplying or using a suspected illegal substance, not including alcohol or tobacco
• serious criminal behaviour related to the school
• using an implement as a weapon
• persistent or serious misbehaviour, including making threats against staff and students, and bullying. 

A formal disciplinary interview must be held with the student before making a decision to impose a long or short suspension. The student must be given information about the allegations and the opportunity to consider and respond to them. For long suspensions, the student has the option of having an appropriate observer present at the interview.

Will I get notified if my child is suspended?

Parents will usually first receive verbal notification about their child's suspension. A child will not be sent home from school before the end of the school day without their parents being notified.

Written notification of the suspension must be provided within 24 hours of receiving the verbal notification. 

The written notification must include:

• the duration of the suspension
• the category and specific reasons for the suspension
• a study program (for a long suspension)
• information about appropriate agencies available to provide assistance
• the school’s procedure document and the discipline code 
• information about appeal rights.

When can a student be immediately suspended from school?

A principal must immediately suspend a student from school for:

• physical violence
• possessing a firearm, prohibited weapon, or knife
• possessing, using, or supplying a suspected illegal substance (not including alcohol or tobacco)
• serious criminal behaviour related to the school.

How many times can a student be suspended from school?

There is no limit on the number of short suspensions a student can be given. However, a principal who decides to give a student more than two short suspensions in a 12 month period must notify the Director of Public Schools NSW. If a student’s inappropriate behaviour continues after receiving a short suspension, the school must consider giving them a long suspension or enrolling them in alternative educational programs.

A student can only be given two long suspensions in a 12 month period without the approval of the Director of Public Schools NSW. If a student’s inappropriate behaviour continues after two long suspensions, the school must consider expelling them or enrolling them in alternative educational programs.

What happens after a student has been suspended?

After a student is suspended, the principal must hold a suspension resolution meeting with the student, their parents and any relevant staff to discuss the students return to school. 

A suspension resolution meeting is designed to identify and address the causes of the student’s behaviour that led to their suspension. At the meeting, any recommendations from the school counsellor and learning support team will be discussed as well as any resources that are available to the student to help them change their behaviour.

A meeting must be arranged at the as soon as possible, as it is expected that the student will return to school at the earliest opportunity. 

Where a student is returning from a suspension following an incident involving violence or weapons, the school must undertake a risk assessment to ensure the student doesn’t pose a risk to staff or other students. This should be done before the last day of the suspension and must be done before the student returns to school. If it is not, the matter must be referred to the Director of Public Schools NSW and a second long suspension may be imposed on the student.

I want to go to the suspension resolution meeting for my child, but I have been banned from going to the school. Can the school stop me from attending?

A school can restrict a person from entering school grounds by banning them or placing conditions on their entry. Breaching these restrictions is a criminal offence and a person who commits an offence may be arrested or fined. 

Before a school decides to restrict a person’s entry to school grounds, it should:

• make all reasonable attempts to resolve the problem
• try other, less serious action, for example limiting the staff that a person can speak to or requiring a person to contact the school by email only 
• give the person a warning.

A school doesn’t have to give a warning if a person has:

• been violent or threatened of violence towards students, staff, parents, or community members at school or during school activities
• made threats of serious physical violence to staff or students by telephone, text message, email, or other electronic means
• engaged in inappropriate behaviour in the presence of students, staff, parents, or other visitors, for example drug use
• expressed anti-social or extremist views or engaged in anti-social or extremist behaviour at school or during a school-related activity. 

If you have been banned from entering school grounds, you will be served with a letter that states:

• the reason(s) for the school’s decision 
• how long the ban will remain in place
• the consequences of breaching the ban
• your options for seeking a review of the decision. 

If you have received a letter from the school warning or restricting you from entering school grounds, you should get legal advice. 

If there was an incident at the school involving violence or threatened violence, the school will likely make a report to the police. 

If the school has a reasonable suspicion that a child is at risk of harm because of their parent’s behaviour, it can make a report to the Department of Communities and justice.

Can I appeal my child's suspension?

You can appeal your child’s suspension if:

• the school has not followed the correct procedures, or
• you feel that an unfair decision has been reached. 

If your child has been suspended from a public school, you can lodge an appeal with the Director of Public Schools NSW.

You can appeal to the Executive Director of Public Schools NSW if the Director:

• was involved in the decision to suspend your child
• declined your appeal. 

If you lodge an appeal to the Director or Executive Director, they will make a decision within 20 days of its lodgement. 

If your appeal is successful or partly successful, the Director or Executive Director will decide what further action should be taken. 

Lodging an appeal doesn’t cancel your child's suspension. 

If you want to appeal your child’s suspension, you should get urgent legal advice. 

For more information, see School suspensions on the Youth Law Australia website.

What can I do if my appeal is unsuccessful?

If your appeal to the Executive Director of Public Schools NSW is unsuccessful, you may be able to:

• appeal the decision to the Supreme Court
• complain to the NSW Ombudsman. 

If you want to appeal to the Supreme Court, you should get legal advice.

What happens after the suspension period?

After the suspension period, the principal must arrange a suspension resolution meeting.

This will include relevant staff and parents. If a student does not have a parent who can attend, the principal should encourage the student to nominate a support person.

The school should assist the student to modify their behaviour and return to school.

If my child is suspended, will this be included on their school record?

If your child is suspended, this will be recorded on the school register. 

Information about your child's suspension is not public information as their personal information is protected by privacy legislation.

What will happen if the school is considering expelling my child?

When considering whether to expel a student for misbehaviour, the principal must:

• ensure that all appropriate learning and support strategies have been implemented and documented (except where a ‘most serious incident’ has occurred) 
• convene a formal disciplinary interview with the student
• place the student on a long suspension pending the outcome of the decision-making process
• notify the student and the parents, in writing, that expulsion from the school is being considered, giving reasons for the possible action
  
• obtain and consider a school counsellor report that includes recommendations for further action 
• provide the parents with a copy of all documentation on which the consideration of expulsion is based
• allow seven school days for students and parents to respond
• consider any response from the student and parents before proceeding further, and
• discuss with the student and parents the implications of expulsion and provide information relating to the right to, and process for, an appeal.
  

When considering whether to expel a student for unsatisfactory participation in learning, the principal must:

• obtain a report from the learning support team or school counsellor that includes recommendations for further action
• notify the student and their parents in writing and explain why the school is considering this action
• provide the parents with a copy of all documentation the school is relying on to make its decision 
• give the student and their parents seven days to respond
• consider the student’s response
• discuss with the student and their parents the consequences of expulsion and provide information about the student’s right to appeal the decision. 

If you have been notified that the school is considering expelling you or your child, you should get legal advice.

For what reason can a school expel a student?

A student can be expelled at any age if they seriously misbehave.

A student who is over 17 years of age can be expelled for unsatisfactory participation in learning.

Can my child be expelled if they don't try hard enough at school?

A student who is 17 years or younger cannot be expelled if they don’t try hard enough at school.

A student who is over 17 years of age can be expelled for unsatisfactory participation in learning.

Before a student can be expelled for unsatisfactory participation in learning they must be given:

• at least one formal written warning
• a program of improvement developed with the student to assist them to improve their participation in learning
  
• a reasonable period to demonstrate improved participation.
  

The principal will notify the student and their parents, in writing, that expulsion from the school is being considered, giving reasons for the possible action.

Where a principal decides to expel a student, they must notify a student and their parents in writing and advise them of their right to appeal the decision. 

If your child has been warned by their school that they may be expelled, you should get legal advice.

My child has been expelled. What happens now?

If your child has been expelled for misbehaviour, the principal must arrange an alternative education placement for your child within 10 school days.

If the principal cannot arrangement a suitable placement, they must refer the matter to the Director of Public Schools NSW. The Director can consider:

• directing your child be re-admitted to the school that they were expelled from, or another school
• placement in an alternative education setting
• enrolment of your child at TAFE
• participation in other education or training approved by the Minister, for example an apprenticeship or traineeship
• enrolment in distance education.

If your child’s behaviour has been so extreme that a suitable alternative placement cannot be found, the Director of Public Schools NSW can send a recommendation to the Minister for Education and Early Childhood Learning that your child should not be re-admitted to any government school. 

If your child is over 17 years of age and has been expelled for unsatisfactory participation in learning, it is your responsibility to make alternative arrangements for their schooling. Advice for you and your child is available from the Department of Education and Communities office. 

If your child has been expelled, you should get legal advice.

Can I appeal my child's expulsion?

You can appeal your child’s expulsion if:

• the school has not followed the correct procedures, or
• you feel that an unfair decision has been reached. 

If your child has been expelled from a public school, you can lodge an appeal with the Director of Public Schools NSW (Director).

You can appeal to the Executive Director of Public Schools NSW if the Director:

• was involved in the decision to expel your child
• declined your appeal. 

An appeal against your child’s suspension from a NSW Government school should be made as soon as possible.  You must do this in writing and state the grounds on which you are appealing the expulsion. You should attach any supporting documents.

For more information and the forms to use, see Expulsions on the Youth Law Australia website.

If you lodge an appeal to the Director or Executive Director, they will make a decision within 20 days. 

If your appeal is successful or partly successful, the Director or Executive Director will decide what further action should be taken. 

Lodging an appeal doesn’t place your child's expulsion on hold. 

If you want to appeal your child’s expulsion, you should get urgent legal advice. 

What can I do if my appeal is unsuccessful?

If your appeal to the Executive Director of Public Schools NSW is unsuccessful, you may be able to:

• appeal the decision to the Supreme Court
• complain to the NSW Ombudsman. 

If you want to appeal to the Supreme Court, you should get legal advice.

If my child is expelled, will this be included on their school record?

If your child is expelled, this will be recorded on the school register. 

Information about your child's expulsion is not public information as their personal information is protected by privacy legislation.

If your child was expelled from school for violent behaviour and you want to enrol them at TAFE NSW, you must let TAFE NSW know. You may not be able to enrol your child at TAFE NSW if they think your child is a current safety risk to staff and other students.

What can I do if my child is being bullied at school?

Your child’s school has a legal responsibility to protect the health, safety and wellbeing of its staff and students. This includes protecting students from bullying. 

All public schools in NSW must develop an Anti-bullying Plan. 

If your child is being bullied at school, you should ask the school for a copy of their Anti-bullying Plan. The plan will tell you who you can speak to about the bullying.

For more information, see Anti-bullying on the NSW Government Education website.

What can I do if my child is being bullied at school and the school isn't responding appropriately?

Your child’s school has a legal responsibility to protect the health, safety and wellbeing of its staff and students. This includes protecting students from bullying. 

If you have reported the bullying to your child’s school but are not satisfied with the action the school has taken, you can:

• make a formal complaint to the school
• make a complaint to the Department of Education
• make a complaint to the police and ask them to apply for an AVO
  
• commence legal action.
  

For more information, see Bullying at school on the Youth Law Australia website.

Before you make a complaint to the police or commence legal action, you should get legal advice.

What is discrimination?

Discrimination is treating someone unfairly and can be against the law if it is based on a person's:

• age
• disability
  
• race, including colour, national or ethnic origin or immigration status
  
• sex, pregnancy, marital or relationship status, family or carer responsibilities or breastfeeding
  
• sexual orientation, gender identity or intersex status.
  

For more information, see Discrimination on the Australian Human Rights Commission website.

My child has a disability. What adjustments does the school have to make to accommodate my child?

The school must take reasonable steps to ensure your child is able to participate in the courses and programs it offers, and use the school’s facilities and services, in a comparable way to a student without a disability. This may involve the school making reasonable adjustments to accommodate your child. 

Before the school makes any adjustments for your child, it must consult with your child and/or yourself about whether an adjustment is necessary to enable them to participate in the school’s courses and programs and use the school’s facilities and services. 

Where the school has to make a reasonable adjustment, it must do so within a reasonable time. 

The school doesn’t have to make a reasonable adjustment, however, where this would result in the school experiencing unjustifiable hardship. 

For more information, see Disability Standard for Education 2005 plus Guidance Notes on the Department of Education, Skills and Employment website. 

If the school fails to make a reasonable adjustment for your child, you should get legal advice.

What are reasonable adjustments?

Reasonable adjustments are measures or actions that a school takes to help students with a disability to receive an education on the same basis as a student without a disability. 

There are many different types of adjustment schools can make to accommodate a student with a disability, including:

• environmental adjustments - modifications to the school environment, including the classroom, playground and outdoor areas, school library, sporting fields and excursions.
  
• curriculum adjustments - changes to the curriculum outcomes to meet a child’s personalised learning needs. This may include adjusting the content of lessons or the time allocated for a student to complete their work.  
• instructional adjustments – changes to how lessons are delivered. This may include using alternative learning materials. 

The types of adjustments a school will make will depend on the needs of the individual student. 

For more information, see:

• Learning Together toolkit on the Australian Centre for Disability Law website
• Adjustments to teaching and learning on the NSW Government – Education website. 

How will the school decide what adjustments to make for my child?

The school’s learning and support team will work with your child’s teacher to identify the appropriate adjustments for your child. 

Before the school makes any adjustments for your child, it must consult with your child and/or yourself about whether an adjustment is necessary to enable them to participate in the school’s courses and programs and use the school’s facilities and services. 

The school may also consult with the principal, professional therapists, support and specialist staff, and community service providers. 

Before enrolling your child at a school, you should arrange a meeting with the school to discuss your child’s needs. Ask the school what information they need about your child and try to provide it to them before the meeting. This may include medical and specialist reports, and information from previous schools. 

It is important to provide as much information about your child’s disability to the school as early as possible to give the school time to make the necessary adjustments before your child begins school.

For more information, see Disability, learning and support on the NSW Government – Education website.

Is it illegal for the school to discriminate against my child because of their disability?

It is illegal for the school to discriminate against your child because of their disability by: 

• refusing or failing to accept their application for admission
• imposing certain terms on their admission 
• denying or limiting your child’s access to any benefit provided by the school
• expelling them
• subjecting them to any other detriment, such as a suspension
• developing or accrediting a curriculum or training course with content that will exclude your child or subject them to any other detriment. 

It is not illegal for the school to discriminate where:

• your child requires services or facilities that are not required by other students without a disability and the services or facilities cannot be provided without the school experiencing unjustifiable hardship
• your child requires a benefit to be provided in a special manner and the school cannot provide that benefit in that special manner without experiencing unjustifiable hardship.
  

If your child has been discriminated against because of their disability, you should get legal advice.

What is unjustifiable hardship?

What will be considered unjustifiable hardship is determined based on what is fair and reasonable in the circumstances. 

There are a number of factors that can be taken into account to determine whether a school would suffer justifiable hardship, including:

• any benefit or disadvantage that would be caused by the adjustment
• the effect of the student’s disability 
  
• cost of providing the benefit, services or facilities and the financial assistance available to the school.
  

If the school is refusing to make adjustments to accommodate your child’s learning on the grounds of unjustifiable hardship, you should get legal advice.

Is there any type of discrimination that isn't against the law?

In some circumstances, it is not illegal for a school to discriminate against your child. 

For example, a school can refuse to enrol your child where:

• the school is a single sex school and your child is the opposite sex
• the school is only for students of a certain age and your child is too young or too old
• the school only assists students with a disability and your child is not disabled.

Currently, private schools are generally exempt from anti-discrimination laws except for race discrimination laws. If your child is attending a private school and you believe the school has discriminated against your child, you should get legal advice.

What can I do if my child has been harassed at school because of their disability?

Students have a right to an education or training free from harassment or victimisation because of their disability.

Your child’s school has an obligation to develop a policy that deals with harassment and inform its staff and students about their obligations under the policy. 

If you believe your child is being harassed at school because of their disability, you should make an appointment to speak to the school principal. The school may ask you to put your complaint in writing. 

You can ask the principal to have a support person with you at the appointment.

You should also ask for a copy of the school’s discrimination policy. You can use this to check that the school follows the policy correctly and responds appropriately.

You should keep a record of any incidents of harassment, including:

• what happened
• when it happened
• the names of the people involved
• the school’s response to each incident.

If your child has been harassed at school because of their disability, you should get legal advice.

What can I do if the school has discriminated against my child?

It is illegal for your child to be discriminated against at school. 

If you believe your child has been discriminated against, you should make an appointment to speak to the school principal. The school may ask you to put your complaint in writing. 

You can ask the principal to have a support person with you at the appointment.

You should also ask for a copy of the school’s discrimination policy. You can use this to check that the school follows the policy correctly and responds appropriately. 

You should keep a record of any incidents of discrimination, including:

• what happened
• when it happened
• the names of the people involved
• the school’s response to each incident.
  

If your child has been discriminated against because of their disability, you should get legal advice.

What can I do if I am not happy with the school's response to my discrimination or harassment complaint?

If you are not happy with the school’s response to your complaint, you can lodge a further complaint with:

• your school’s regional director
• the NSW Department of Education, if your child attends a public school
• the board of governors, if your child attends a private school
• the Catholic Education Commission, if your child attends a Catholic school. 

If you are still unhappy with the outcome, you can make a further complaint to either:

• the Australian Human Rights Commission, or
• Anti-Discrimination NSW – this may not be possible if your child is attending a private school. 

You can only make a complaint to one of the bodies.

There are time limits for making a complaint. You must make your complaint:

• within six months of the discrimination, to the Australian Human Rights Commission
• within 12 months of the discrimination, to Anti-Discrimination NSW.
  

If you don’t, your complaint may not be investigated.

You don’t have to pay a fee to make your complaint.

If you are still not happy with the response to your complaint, you may be able to make a discrimination claim in the Federal Court of Australia or the Federal Circuit and Family Court of Australia.

Before you lodge a complaint or apply to the Court, you should get legal advice. 

For more information, see:

• Make a complaint on the Australian Human Rights Commission website
• How to make a complaint on the Anti-Discrimination NSW website.

My child goes to a public school. Do I have to pay school fees?

If your child is enrolled at a public school, their schooling is free. The school cannot ask you to pay fees for their education. The school can ask you to make contributions to enhance the schools educational and sporting programs. These payments are voluntary.

Schools may charge students for elective subjects that go beyond the minimum requirements of the curriculum. Parents who are unable to pay for elective subjects because of financial hardship may be eligible for assistance from the school.

The school has asked me to make a voluntary contribution towards my child's education, but I can't afford to pay it. What can I do?

If your child is enrolled at a public school and you have been asked to make a voluntary contribution towards their education that you can’t afford to pay, you should speak to the principal.  

You may be eligible for financial assistance from the school.