Legal Requirements Policy
Rationale
The Board of Trustees must ensure that St Brigid's complies with all legal requirements placed on the School. Many of these requirements are addressed in specific policies and procedures adopted by the Board. However some are not, and the Board needs to be assured that these additional requirements are being complied with.
Purpose
The purpose of this policy statement is to identify all legal requirements placed on the School that are not addressed in particular Board policies and the necessary procedures to ensure that they are being complied with.
Guidelines
The Principal will report to the Board in December each year on compliance for the year, with legal requirements in relation to the matters set out below and in accordance with the attached procedures:
Enrolment recordsStudent attendanceLength of school year, terms and holidaysStand-down, suspension, exclusion and/or expulsion of students Official informationPrivacyProtected disclosuresCopyright.
1. Enrolment Records
The school will follow the guidelines for the use of ENROL: the school student enrolment register. This register has been created for the recording and transfer of student enrolment records as required under Section 77A of the Education Act 1989.
The school will ensure that at least 95% of students will have a Preference of Enrolment Certificate included with the enrolment application.
The annual December compliance report will confirm all requirements relating to enrolment records have been complied with.
2. Student Attendance
The Board is required to take all reasonable steps to ensure the attendance of students enrolled at St Brigid's School. The attached statement outlines the steps that will be taken to ensure consistent attendance.
The Education (School Attendance) Regulations 1951 place a legal requirement on schools to keep an admission register and a register of daily attendance for all students attending the School. The attendance of students is to be recorded every morning and afternoon in the register of daily attendance. Roll returns are to be submitted to the Ministry on 1 March and 1 July.
The annual December compliance report will confirm all requirements and procedures relating to student attendance, registers and roll returns have been complied with.
3. Length of School Day and School Year
The Board is required to ensure the school is open for at least 2 hours before noon and 2 hours after noon.
The Board is required, unless specifically authorised otherwise, to ensure that the school is, in every year, open for instruction on the number of half days prescribed by the Minister of Education in the Gazette.
The annual December compliance report will confirm all requirements relating to the school being open for instruction have been complied with.
4. Stand-down, Suspension, Exclusion and/or Expulsion of Students
The Principal will report to the Board as soon as practicable any student or students stood-down or suspended by the Principal, the period of stand-down or suspension, guidance and counselling provided to the student, notification and other requirements met, and, where appropriate, the powers of the Board in relation to any suspension including exclusion from the School. The Principal will also report to the Board on any student or students precluded from the School for health reasons, the required notifications given and the powers and responsibilities of the Board.
The annual December compliance report will confirm the above actions, if required, have been complied with.
5. Official Information
The School is subject to the Official Information Act 1982 which sets out the requirements relating to the availability of information, the processing of requests and the release of official information. The Principal will receive and deal with all requests for official information.
The annual December compliance report will confirm, as necessary, that the requirements of the Act have been complied with.
6. Privacy
The Privacy Act 1993 regulates the collection, storage, use, access to and disclosure of information about individual students, employees and job applicants. The Act also requires the appointment of a Privacy Officer. The attached procedures set out the steps to be taken to meet these requirements.
The annual December compliance report will confirm that all requirements of the Act have been complied with.
7. Protected Disclosures
The Protected Disclosures Act 2000 requires the School to have internal procedures for receiving and dealing with information about serious wrongdoing in or by the School.
The annual December compliance report will confirm that the attached statement and procedures for receiving and dealing with information about serious wrongdoing in or by St Brigid's have been widely published to employees and the steps taken to ensure employees are familiar with the procedures.
8. Copyright
The Copyright Act 1994 gives intellectual property rights to owners and regulations govern the use of such property by others. Copyright licences are available covering photocopying of extracts from published literary and musical works, copying from television, and the performance and reproduction of music.
The annual December compliance report will confirm all necessary copyright licences have been acquired and are being complied with.
Formulated by: Policy Committee May 2009
Approved:
Reviewed: May 2012
