As a student or a parent of a student, being suspended from school can feel overwhelming and frustrating, but it’s important to know you have rights and options.  

The following information and disciplinary provisions only apply to public schools, as rules for private schools and international students may differ.  

Understanding the Basics 

First, let’s clarify the difference between a stand-down and a suspension. A stand-down is a short removal from school for up to five school days. You can only be stood down for a maximum of 10 school days a year, with no more than five days per term.  

A suspension, on the other hand, is a more serious removal from school. Suspensions can be for a specified or unspecified period. If the suspension is for a specified period, the student may return to school after the period ends. For unspecified suspensions, the school board has the authority to lift the suspension, extend it conditionally, or, in the case of students under 16, exclude the student from the school if the circumstances justify the most serious response. For students aged 16 or older, the board may expel the student.  

Is My Suspension Lawful?  

Under section 80 of the Education and Training Act 2020, a principal may only suspend a student if: 

  1. That a student’s gross misconduct or continual disobedience is a harmful or dangerous example to other students at the school; or 
  2. 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. 

Knowing these grounds is the first step in determining whether you have a legal argument to fight the suspension.  

If your suspension doesn’t fit into one of these categories, it may be unlawful. For example, if your parents were told to keep you at home without sufficiently explaining why, or the School Board did not meet within the required time of seven days, the “suspension” may be procedurally flawed. 

Battison v Melloy [2014] BCL 303 

Battison is a well-known case within New Zealand that considered a student’s school suspension. Lucan Battison, a year 12 student from Hastings, was suspended by the school principal for refusing to cut his hair to comply with the school’s hair rule. The school’s board of trustees upheld the suspension and imposed a condition that Lucan could only return to school if he cut his hair to the satisfaction of the principal. 

The High Court found that the decisions to suspend Lucan and impose conditions on his return were unlawful. The Court held that the principal and the board failed to meet the criteria under section 14(1)(a) of the Education Act 1989, which requires that a student’s conduct must amount to gross misconduct or continual disobedience that is a harmful or dangerous example to other students.  

Section 14(1)(a) of the Education Act 1989 is now reflected in section 80(1)(a) of the Education and Training Act 2020.  

How to Fight an Unfair Suspension  

If you believe your suspension is unfair or unlawful, here are the steps you should take: 

  1. Your first step is to raise your concerns directly with the principal. This is often the quickest way to resolve a misunderstanding. Clearly and calmly explain why you believe the suspension is unjust. 
  2. If you’re not satisfied with the principal’s response, you should contact the school’s Board of Trustees. They are the ultimate decision-makers in these matters. You can challenge the principal’s decision based on the three grounds for suspension or on procedural grounds. 

Fighting a suspension can be a challenge, so if you feel you need more support, you can contact Frontline Law. We offer a free initial consultation and can assist you in understanding your rights or represent you in discussions with the school. 

The first step in getting support is to talk with a lawyer from Frontline Law about your situation and see what options we can offer you. Contact Frontline Law for a free initial consultation.

*The information in this blog post is general in nature and is not legal advice. If you need advice, you should contact us about your specific situation.