Schools get power to ban extremist, predatory or violent students

The biggest shake-up of education safety laws in three decades will give NSW principals the power to ban extremist, predatory or violent students — even if their threatening behaviour occurs out of school.

The new powers will also apply to cyber-bullying. Picture: iStock

Extremist, predatory or violent students can now be banned from schools, in the biggest shake-up of education safety laws in three decades.

Principals will now have the authority to ban any student if there is a “significant risk” they could be violent or seriously threatening towards schoolmates and teachers.

Banned students will be forced to enrol in distance education, where they will be monitored and taught online from home while the danger they pose to classmates and teachers is assessed.

These laws were first proposed by Rob Stokes when he was education minister 2½ years ago.

Until now, principals were powerless to ban students from school for criminal acts or threats to other students committed outside of school hours or off school grounds.

“Some circumstances that involve the potential for serious violent conduct or extremist behaviour by students will necessitate the department taking additional and immediate action to enable it to assess and protect the significant risks to the health and safety of students and staff,” an education department spokeswoman said.

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“These powers are intended to be used where the risk to health and safety in a school is significant, until appropriate assessment, management and support strategies can be put in place.”

Originally intended to protect schools from students who have displayed violent extremism and support for terrorism, The Sunday Telegraph understands the new powers will now apply to cyber-bullying and sexting both in and out of school.

It is also understood students on bail for sexual crimes will not be allowed to return to the same school as their victim.

Most behaviour that threatens school safety, including physical or psychological violence between pupils or violent destruction of school property, can be dealt under principals’ existing powers to issue suspensions and expulsions.

The new powers will also apply to cyber-bullying. Picture: iStock

But the new powers to ban students from school entirely will be reserved for the most extreme cases.

“The amendments enable the minister or delegate in particular circumstances to direct a student not to attend school for a specified period,” the department spokeswoman said.

“These powers are intended to be used where the risk to health and safety in a school is significant, until appropriate assessment, management and support strategies can be put in place.”

Department bureaucrats and principals have been thrashing out the details since former education minister Rob Stokes first floated the law 2½ years ago.

Students banned from school will not be able to appeal to their principals but will instead have to plead their case directly to the NSW Civil and Administrative Tribunal (NCAT).

Originally published as Schools get power to ban extremist, predatory or violent students