Fax sent to all schools regarding special education

This message was sent to all schools on 17 July 2006

To: FEDERATION REPRESENTATIVES and PRINCIPALS SSPs and Special Education Classes

(Please bring this to the attention of all Federation members)

Re: Enrolment of Students in SSPs and Special Classes in Regular Schools

Dear Colleagues

Occupational Health and Safety

Recent developments arising from prosecutions of the Department of Education and Training (DET) for breaches of the Occupational Health and Safety Act are relevant to the procedures relating to the enrolment of students in SSPs and Special Classes in Regular schools. The DET Legal Issues Bulletin No 40 of May 16 2006 should be consulted. This Bulletin outlines DET policy concerning processes to be undertaken prior to enrolment. The following should be noted:

• DET Legal Issues Bulletin No 40 provisions are applicable to enrolments in SSPs and Special Classes.
• Decisions made by Regional Placement Panels should not lead to automatic enrolment but treated as a referral. These decisions do not override the provisions of the OH&S Act or DET Legal Issues Bulletin No 40. Principals of SSPs and schools with Special Classes are obliged to follow the same procedures as for enrolling students into regular schools, including those relating to disclosure of information and consultation with all staff whose health and safety may be affected.
• Given the nature of students with disabilities being referred for enrolment in SSPs and Special Classes it is necessary that a Risk Assessment / Risk Management process be undertaken for each new enrolment prior to enrolment and attendance. The following issues may need to be considered in the Risk Assessment / Risk Management process in relation to individual students;
  • Violence (including restraint)
  • Personal Care Needs (Hygiene, manual handling, medication / health care procedures, feeding)
  • Physical Environment (Ramps, lifts, hoists, bathroom / laundry facilities, fencing)
  • Communications Needs
  • Safety (absconding behaviour, transport)

• Violence has a wide meaning and is not restricted to physical acts. It includes any behaviour that seriously interferes with physical or psychological safety and well being of staff and students. Violence also includes threats to commit violence, non-contact aggressive behaviour, and language directed to staff or students that is offensive, aggressive or abusive.
• Under the OH&S legislation, staff who may be affected by the proposed enrolment are to be provided all relevant information necessary to ensure their own health and safety and /or the health and safety of others. They are to be provided with all available information necessary to enable them to contribute to the identification of hazards arising from the proposed enrolment, the assessment of risks, the elimination or control of those risks and the monitoring and review of risk control measures. They must also be consulted at all stages of the risk assessment process.
• Privacy legislation does not prevent the collection, use and disclosure of information if it is necessary to ensure health and safety. School counsellor records that indicate a risk of harm must be provided to the new school, as well as medical information know to the DET that is relevant to health and safety.

Students transferring from another DET school

Enrolment of any student transferring from another DET school is not to be finalised (that is, the student is not to attend) until student records from the previous school have been received, any risk assessment completed and any control strategies commenced.

Students from non-government schools or from interstate

Where there are reasonable grounds to suspect that the student has a history of violence, parents must be asked to authorise the principal of the previous school(s) to provide copies of relevant student records so that a risk assessment can be undertaken. If parents do not consent or if information is not provided, assistance is to be sought from the Regional Office. Enrolment must not proceed until these matters are resolved and issues concerning the health and safety of staff and students are addressed.

Students previously enrolled in a DOCS or Juvenile Justice Institution

Additional Resources to Enable Risk Assessment / Risk Management Processes and to provide Risk Management "Controls".

Without the appropriate expertise, any necessary training and time, teachers cannot be required to carry out Risk Assessments and develop Risk Management Plans. In such circumstances the DET should be asked to provide someone with the appropriate training and/or expertise. However, if staff feel that they do possess the necessary training and/or expertise, it may be advisable for them to undertake the tasks. Regardless of who conducts the risk assessments, staff whose health and safety may be affected by the proposed enrolment must still be consulted and their views sought as part of the process. In complex matters, it may be advisable for relevant staff to participate on the basis that they are provided with additional release. It should also be emphasised that enrolments cannot proceed until all the "controls", including appropriate resources, identified in the risk management plan are in place.

Students Already Enrolled

All the above procedures and provisions apply to students already enrolled in the event that any risk to the health and safety of staff and / or students is identified. It may be necessary for the student concerned to be suspended for the duration of the procedures outlined if their continued attendance is a risk to health and safety.

For further advice and assistance please contact your local Federation Organiser.

John Irving
General Secretary

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Last Modified: 19 Feb 2007