Teachers soften opposition to new rules for fewer,shorter student suspensions

The NSW government has reached a compromise with the powerful teachers’ union over the planned overhaul of suspension and expulsion policies in public schools,paving the way for new rules designed to reduce the number of sanctions to take effect next term.

The student behaviour and inclusive education policies,which have been delayed twice because of opposition from the NSW Teachers Federation,include plans to halve the length of school suspensions and ensure students are not sent home more than three times a year.

Education Minister Sarah Mitchell has secured a breakthrough for her signature policies on student behaviour and inclusive education.

Education Minister Sarah Mitchell has secured a breakthrough for her signature policies on student behaviour and inclusive education.Brook Mitchell

The department and the Teachers Federation have been in discussions for weeks,including over the winter school holidays,and the agreement in effect means the policies can be implemented as planned.

The federation wrote to members last week,dropping its ban on teachers familiarising themselves with the new policies once revised documents are released by the Department of Education.

The letter,which cited “positive outcomes” from the discussions,also gives the green light for teachers to engage in any relevant professional training.

The reforms are a signature policy of NSW Education Minister Sarah Mitchell,and also provide a win for community groups that have called for change,such as Family Advocacy Australia,which represents students with developmental disabilities such as autism and ADHD.

“Long suspensions,particularly for students with disabilities,are fairly ineffective and don’t result in improved education for students.”

Karen Tippett,Family Advocacy Australia

“We know that some things we are currently doing are not working as too many students,particularly those with a disability or with an Aboriginal background,are being suspended at disproportionately high rates,” Mitchell said.

The Department of Education’s latest figures,provided exclusively toThe Sun-Herald, show 33,870 students were suspended in 2021 – some more than once – despite a dramatic drop in suspensions in the second semester when most students were at home during the long Delta lockdown.

Overall,one in 25 students was suspended at least once in 2021,mostly in high school. One in eight Aboriginal students and one in 10 students with disabilities faced at least one suspension.

Aboriginal students account for about 8.6 per cent of all government school student enrolments but about a quarter of all students suspended. Students identified as receiving adjustments due to disabilities accounted for 18 per cent of enrolments,but nearly half of all students who were suspended.

A department spokesperson said there were “minor revisions” – for example,the grounds for suspension remained the same,but the department had provided more context and examples. The policy had not been withdrawn but updated documents would be shared in the coming weeks.

NSW Secondary Principals’ Council president Craig Petersen said the crux of the compromise was about the support schools would receive from the department rather than a backdown on the length and number of suspensions.

“What’s changed is there’s been a strengthening around the responsibility of the department to be proactive in making sure that support is there for schools,” Petersen said.

“There’s much clearer articulation of the responsibility of the director and the department to provide support to schools for a range of student behaviours and supports that we need to try and reduce those numbers of suspensions and days lost to suspensions.”

Petersen said there were “minor concessions” to clarify that suspensions could be used in the case of persistent,disruptive disobedience and the right of principals to apply for extensions.

He was also pleased to see the shift in language upholding the authority of the principal and teacher in terms of maintaining an orderly environment,with support from the department.

Teachers Federation deputy president Henry Rajendra said the union would continue to advocate for improvements,and was pushing for early intervention for students with disabilities to be part of the state’s plan for universal preschool provision.

Rajendra said the progress in the discussions with the department was about enshrining “the rights of teachers to teach and students to learn in a classroom environment free of persistent disruption and maintaining the authority of principals and teachers to manage student behaviour”.

A third policy,on reducing restrictive practices,is due to take effect from the first term of 2023,and the federation is seeking a commitment to a “full and proper consultation” on this.

Mitchell said the new approach would reduce the length of suspensions,and give principals,teachers and staff better guidance in managing behaviour in line with findings from the Disability Royal Commission.

She promised the department would work with schools to increase access to evidence-based support,including specialists,to allow them to put in place early intervention and prevention measures. She also committed to provide professional development and ongoing support for staff to ensure they feel confident and supported to implement the changes.

Karen Tippett,the advocacy and leadership development manager for Family Advocacy Australia,said it was important for the policy to be bedded down before the NSW state election next year.

“Long suspensions,particularly for students with disabilities,are fairly ineffective and don’t result in improved education for students,typically,on their return,” Tippett said.

“[Schools need to] work to identify the missing need for the students so that they can be better supported rather than sending them home as discipline.”

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2021 full-year suspensions

Source:Department of NSW

Caitlin Fitzsimmons is the environment reporter for The Sydney Morning Herald. She has previously worked for BRW and The Australian Financial Review.

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