Dealing with problems with your child’s school

Advice pages

A disabled child’s right to education is protected by law and international human rights conventions.

Unfortunately many parents of children with disabilities have told IHC about difficulties and discrimination in schools, including:

Children with disabilities discouraged or denied enrolment at their local school – some of the language used could be ‘your child will be happier at another school’ or suggesting your child is a burden to the school
Exclusion (being sent home) from school for part of the school day
Difficulties in getting specialist support or families paying privately for these services
Classroom teachers lacking confidence, skills and/or or knowledge to teach a child with a disability
Children with disabilities’ potential as learners not recognised and developed – this could take the form of your child completing a lot of ‘busy work’ in the classroom instead of being involved in learning
The learning and achievements of children with disabilities not monitored or reported in the same way as other children
Children with disabilities being excluded from participating in usual classroom activities
Inadequate response to complaints of abuse, bullying and harassment of children with disabilities
Children with disabilities being excluded from activities such as music, school outings, school camps and sport
Children with disabilities being stood down, suspended or excluded from school despite their behaviours being related to their disability
Children with disabilities experiencing high levels of restraint
Children with disabilities being unable to participate in all school activities unless families provide support or pay for teacher aide support

What you can do to help solve problems at school

If a child’s needs are not being met at school, you can:

Talk with the class teacher or principal as soon as any problems arise
Gather information, such as a copy of the school’s charter or strategic plan and talk through issues with people you trust such as other parents of children with disabilities, support groups or specialists who know your child and their needs
Arrange a meeting with the principal to discuss your concerns
Identify what supports are needed
When you come to an agreement, write it down and develop a plan
If you fail to reach an agreement, discuss your options
Write a letter of complaint to the school’s Board of Trustees outlining your concerns

Challenging education support decisions

Parents can ask questions and challenge decisions made about special educational support services for their child.

They can apply to the Ministry of Education (MOE) for formal reconsideration under section 47 of the Education and Training Act of any decision made about enrolment in a special school, the provision of education or help from a special service.

Decisions about ORS funding are also subject to the formal process under section 47. Requests for reconsideration must be made in writing to the Secretary for Education within one month of the decision or direction the parent does not agree with. There is more information about reviewing ORS decisions on MOE's website. You can also contact Youthlaw or IHC Advocacy for support to lodge a section 47 appeal.

Even though there is currently no formal means of redress for decisions or directions that do not involve enrolment or the provision of education or help from ORS, parents can still complain about decisions.

Complaints can be made to the principal, Board of Trustees, Ministry of Education (MOE) and its Minister, Education Review Office and/or the Office of the Ombudsmen.

If there are difficulties in enrolment and accessing support for your child with a disability that cannot be resolved by going through the school’s complaints policy and procedures, contact the local MOE office.

If these avenues are unsuccessful, contact Youthlaw Education on 09 250 2670, or IHC Advocacy on 0800 442 442 or by emailing advocacy@ihc.org.nz for advocacy help to resolve issues.

Youthlaw is a specialist nationwide community law centre for children and young people under the age of 25. They have expertise in education law ranging from school enrolment and discipline, to special educational needs. Youthlaw has extensive experience in attending disciplinary meetings at schools and providing advocacy for student issues, assisting clients with complaints to the Human Rights Commission and providing advocacy and help to access special educational support and assistance. Youthlaw staff solicitors are unique specialist practitioners. They are some of the only lawyers practicing in the field of education law and have the ability to assist with appeals of ORS funding under Section 47 of the Education Act.
It is against the law to be discriminated against in education. Contact the Human Rights Commission 0800 496 877 for information about how to make a discrimination complaint.
You can also contact the Students Rights Service on 0800 499 488 who can provide advice and assistance on school issues.
In 2008, IHC lodged a complaint with the Human Rights Commission, arguing that children with a range of disabilities experience discrimination at their local school. You can learn about IHC’s education complaint here.

A new dispute resolution process for state school complaints, using local panels, will be established under the Education and Training Act 2020. The date for establishing the panels hasn’t been set yet.

Standdowns, suspensions, exclusions, and expulsions

Children with disabilities are over-represented in the numbers of children who experience stand-downs, suspensions, exclusions, and expulsions. They should not be subject to these measures when the behaviour is related to their disability.

There is a clearly defined process for standdowns, suspensions and exclusions which schools must adhere to.

The standdown period is up to five school days in any term and no more than 10 school days in a year
Stood-down or suspended students may attend school in certain circumstances and must be provided with appropriate guidance or counselling
Students and their parents must be provided with a report from the principal setting out the reasons for the stand down or suspension, as well as information sheets from MOE
Students have the right to speak and be represented at suspension meetings
The Board of Trustees (BOT) must arrange a suspension meeting before the close of the seventh school day after the suspension or the tenth calendar day after the suspension if the suspension occurs within seven days of the end of term
The BOT can extend suspensions with conditions aimed at bringing the student back to school
Students that have their suspension extended or have conditions on their suspension are to be provided with an educational programme to minimise any educational disadvantage that may occur due to their absence from school
The BOT may exclude students from their school
Principals have to try to find another school for an excluded student and, if they haven’t after 10 school days, they must inform MOE what steps they took to try to find another school
Expulsion is the formal removal of a student aged 16 or older from school. The principal and MOE do not have to help an expelled student find a new school