Today we’re talking about the law as it applies to schools and to the principal role. While you don't need to be a lawyer to be a principal, you do need to understand how legislation, natural justice and judge-made law affect your role.  We talk through relevant legislation, powers you do and don’t have under law, managing legal risk, give tips for avoiding legal fishhooks, and let you know where to go for advice on actual or potential legal issues. 

My guests this week are:

• Gretchen Stone, partner at law firm Harrison Stone with significant expertise and practical experience in the legal issues that schools and school leaders face in New Zealand. 


• Patrick Walsh, MNZM, tumuaki of Sacred Heart College in Auckland, former president of the Secondary Principals Association of New Zealand and the Australia New Zealand Education Law Association, foundation member of the New Zealand Teachers Council and current member of the Disciplinary Tribunal of the Education Council, former chair of the New Zealand Law Society Seminars on Education Law.

This podcast was produced for the Ministry of Education as part of Te Ara Tīmatanga mō ngā Tumuaki - The Beginning Pathway for Principals.

You can learn more about this topic by accessing Te Ara Tīmatanga mō ngā Tumuaki - The Beginning Pathway for Principals e-learning modules on the Education LMS: https://training.education.govt.nz

Show notes

Episode themes:

• Importance of understanding legislation as it applies to schools and to the tumuaki role


• Legislation principals should understand, including the Employment Relations Act, Privacy Act, Bill of Rights Act, Health and Safety at Work Act, Education and Training Act


• Powers principals do and don’t have under legislation, including in relation to suspensions


• Responsibilities of principals under law


• Relevant sections of legislation to get your head around


• Managing legal risk


• Ensuring you have a good complaints policy to help manage issues


• Things that can trip tumuaki up and how they can be avoided, including the dangers of zero tolerance policies


• Where to go for advice.

To learn more about this topic, see Section 1 of Te Ara Tīmatanga mō ngā Tumuaki - The Beginning Pathway for Principals e-learning modules [link].

Additional information:

New Zealand School Boards Association (formerly New Zealand School Trustees Association, NZSTA)

https://www.tewhakaroputanga.org.nz/advice-and-support/

Dealing with complaints

https://www.educationalleaders.govt.nz/Managing-your-school/Guides-for-managing-your-school/Dealing-with-complaints

Education and the law

https://www.educationalleaders.govt.nz/Problem-solving/Education-and-the-law

Basic principals of law for school leaders

https://www.educationalleaders.govt.nz/Problem-solving/Education-and-the-law/Basic-principles-of-law

Education and Training Act 2020

https://www.education.govt.nz/our-work/legislation/education-and-training-act-2020/

Legislation

https://www.legislation.govt.nz/act/public/2020/0038/latest/LMS170676.html

Health and Safety at Work Act 2015

https://www.education.govt.nz/school/health-safety-and-wellbeing/

Legislation

https://www.legislation.govt.nz/act/public/2015/0070/latest/DLM5976660.html

Employment

https://www.educationalleaders.govt.nz/Problem-solving/Education-and-the-law/Employment

Employment Relations Act 2000

https://www.educationalleaders.govt.nz/Problem-solving/Education-and-the-law/Employment/Employment-relations

Legislation

https://www.legislation.govt.nz/act/public/2000/0024/latest/DLM58317.html

Privacy Act 2020

https://www.education.govt.nz/school/managing-and-supporting-students/sharing-information/

Privacy Act 2020: Resources for schools

https://www.education.govt.nz/school/managing-and-supporting-students/sharing-information/privacy-act-2020-resources-for-schools-and-early-learning-services/

Stand-downs, suspensions, exclusions and expulsions guidelines – Part 1

https://www.education.govt.nz/school/managing-and-supporting-students/student-behaviour-help-and-guidance/stand-downs-suspensions-exclusions-and-expulsions-guidelines/

Guidelines Part 1: Legal options and duties PDF

https://assets.education.govt.nz/public/Documents/School/Managing-and-supporting-students/Stand-downs-suspensions-exclusions-and-expulsions-guidelines/17-5-18-SuspensionLegalGuideWEB-1.pdf

Stand-downs, suspensions, exclusions and expulsions guidelines – Part 2

https://www.education.govt.nz/school/managing-and-supporting-students/student-behaviour-help-and-guidance/stand-downs-suspensions-exclusions-and-expulsions-guidelines-part-2/section-3-actions-of-last-resort/managing-complaints/

Guidelines Part 2: Good practice

https://assets.education.govt.nz/public/Documents/School/Managing-and-supporting-students/Stand-downs-suspensions-exclusions-and-expulsions-guidelines/17-5-18-SuspensionGoodPracticeWEB-2.pdf

M&R vs Palmerston North Boys’ High School decision

https://www.ombudsman.parliament.nz/resources/school-board-trustee-and-principal-failed-follow-disciplinary-process-contrary-law

Questions:

1:52 How important is it that new principals understand the legislation that applies to schools and to the principal role when they're first starting out?

2:59 Which legislation is particularly important for new tumuaki to get their heads around?

4:52 What powers do tumuaki have under the Education and Training Act?

6:35 What powers don’t tumuaki have?

7:08 What are the responsibilities of principals under law? 

8:28 Are there particular sections that are important to look for in legislation?

9:27 What can new principals do to manage legal risk?

11:39 What can principals do to minimise legal risk?

13:28 What are the pitfalls, the fishhooks that can trip new tumuaki up, and how can they avoid them? 

16:38 Where should principals go for advice on legal matters?

19:44 Any advice you would like to share with new tumuaki?