Student Issues in Schools: Legal Challenges Unveiled – 4 recorded webinar programs

Program 1:  Accommodating Gender Identity and Sexual Orientation in Faith-based Schools

Community and government recognition of gender fluidity and sexual preferences has come a long way. However, accommodating students with differing needs is not so easy in practice and remains a challenging area for faith-based schools. This session will examine some of the recent legal developments in this area and what it means for the education sector, including:

• A legislative update including Tasmanian reforms to gender records

• What are a school’s obligations to transgender students?
• What constitutes discrimination towards a transgender student?
• Drafting policies and procedures for accommodating transgender students
• Gender identity and single sex schools – a guide to managing the dilemmas
• The impact of “conversion therapy” laws on school activities – what activity could be in contravention?
• Advice on managing language and activity relating to sexual orientation

Recorded:  6/9/22

Presented by:  Skye Rose, Practice Leader, Moores, Melbourne, Vic

Program 2:  Offsite and Third-Party Provider Risks in Student Management

Recent tragedies involving students at school camps have thrown a spotlight on the risks in offsite education and the outsourcing of educational activities to third party providers. This session will explore how schools can better prepare for, minimise and manage off-site risks, including:

• A duty of care refresher and the elements of negligence considered
• What risks to consider when planning off-site activities
• Undertaking a risk analysis for offsite activities – identifying red flags and potential areas of concern
• Outsourcing educational activities to third parties – what are the risks?
• Risk mitigation strategies discussed including:
  • maintaining risk registers
  • insurance
  • contractual liability and indemnity clauses
  • disclaimers
  • other controls
• Child safety protection policy management outside the school grounds
• Case studies and examples

Recorded:  23/5/23

Presented by:  Katie Clark, Partner, MinterEllison, Brisbane, Qld

Program 3:  When “No” is Not Enough: Reaching the Limits of Student Discipline in Schools

Schools are increasingly having to deal with potentially serious disciplinary matters concerning their students, including bullying, physical assault and sexual violence. What can schools reasonably and legally do to in such circumstances to protect the school community? This session will provide a guide to behaviour management and potential solutions, including:

• How the school’s duty of care intersects with school discipline
• Discipline for misconduct beyond the school gate and out of hours
• Tips for instigating, conducting and participating in internal and external investigations
  • procedural fairness
  • who should investigate
  • when to contact authorities including the police
  • school responses when a student has been arrested or charged with a criminal offence
• When can enrolment be suspended or terminated?

Recorded:  7/6/23

David Ford, Partner, Carroll & O’Dea Lawyers, Sydney, NSW

Program 4:  Reviewing School Enrolment Contracts and Complaints Policies post-Brindabella

The recent case of Brindabella has prompted an urgent need for all independent schools to review and update their enrolment contracts and complaints policies. In that case, the Human Rights Commission highlighted the need to ensure that a school’s enrolment agreement and complaints policies are consistent with the National Principles of Child Safe Organisations and the relevant Discrimination and the Education Act. To assist schools in their urgent review of their own documentation, this session will:

• Explain the factual matrix of Brindabella, the rationale behind the decision and the potential broader ramifications on schools in other states
• Outline how schools can ensure students and families are afforded procedural fairness and can participate in decisions
• Provide an overview of relevant consumer law provisions applicable to schools and what standards need to be met
• Workshop possible alternative wording for schools to consider for contracts and policy documentation to address the issues raised in this case

Recorded:  18/7/23

Presented by:  Annie Smeaton, Partner, Cooper Grace Ward Lawyers, Brisbane, Qld