The above are unfortunately often used by school staff in response to behaviours of concern from children with disabilities in the mistaken belief that they are of any utility to the child (otherwise known as “teaching them a lesson”) .
Research on the ineffectiveness of suspension has been available for some time, however it seems to be absent from Departmental information in favour of such things as Ministerial Orders sanctioning and giving guidance regarding suspension and expulsion.
‘School suspensions – a resource for teachers and school administrators’ published by the Royal Children’s Hospital, University of Melbourne, Murdoch Children’s Research Institute gives a snapshot of the problems associated with suspension.
School suspensions a resource for teachers and school administrators
Further research can be downloaded from the Internet, much of it Australian.
Expulsion, like suspension, does nothing to address behaviours of concern exhibited by children with disabilities. It simply alienates the child, traumatises the family and moves what one school believes to be a “problem”, to another school.
Detentions, while having less serious consequences, again do nothing to address behaviours of concern.
Since the Victorian Ombudsman Investigation into Victorian Government School Expulsion in 2017, it has been slightly easier to appeal an expulsion.
However when a Victorian DET School is thwarted in one way, DET gives it a lifeline in another in order that the school can usually get the outcome that it wants (expelling the child with a disability). Even if expulsion appeal is successful, there is another procedure which is not mentioned in the Ministerial Order.
Section 2.2.17 of the Education and Training Reform Act 2006 states that a person may be refused admission to or continued enrolment in a Government school if, in the Minister’s opinion, it is advisable to do so to ensure the safety of the student or other students at the school. section 2.2.17 of the Education and Training Reform Act 2006 (Vic) (ETR Act). A student may be refused admission to or continued enrolment in a Government school if, in the Minister’s opinion, it is advisable to do so to ensure the safety of the student or other students at the school. The Minister usually delegates this power to the Secretary.
In summary, a student can be banned from schools by the Secretary for the very behaviours that have often been created by the lack of support that neurodiverse students receiver from their Victorian DET school.
It could be discriminatory for a school to expel a child with a disability, if the behaviour is an attribute of their disability. However what is important is to address behaviours of concern competently and effectively as soon as they arise. (See website section on ‘Behaviours of Concern’) In the meantime, parents should acquire knowledge on this research themselves in order that they can speak authoritatively to school staff about such things and their inappropriateness.