Education (General Provisions) Act 2006
sec.182Flexible arrangements—non-State school
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sec.182 Flexible arrangements—non-State school
The authorised entity for a non-State school may approve arrangements for a student enrolled at the school that are to apply to the student instead of participation in the school’s educational programs in the usual way. The authorised entity may approve the arrangements only if— a teacher has prepared written assessments of— the student’s educational and other needs; and the learning outcomes that the arrangements are intended to achieve; and the suitability of each provider for the arrangements; and the authorised entity has considered— the written assessments prepared under paragraph (a) ; and how, and by whom, the student’s participation in the arrangements is to be monitored; and how, and by whom, each provider’s involvement in the arrangements is to be monitored and its effectiveness evaluated; and the authorised entity is satisfied the arrangements are appropriate, having regard to— the student’s individual needs and circumstances; and what the authorised entity considers is most likely to achieve the best learning outcomes for the student; and the desirability, unless it would be inappropriate in all the circumstances, of the arrangements requiring the student’s participation at a level that is equivalent to full-time participation in the school’s educational programs in the usual way; and any other matter prescribed under a regulation. However, the authorised entity must not approve the arrangements unless— if the student is of compulsory school age— a parent of the student has given written agreement to the arrangements; and the authorised entity has discussed the arrangements with the student to the extent the authorised entity considers appropriate, having regard to the student’s age and other relevant circumstances; or if the student is in the compulsory participation phase— the student gives written agreement to the arrangements; and the authorised entity has discussed the arrangements with the student’s parents to the extent the authorised entity considers is practicable and appropriate in the circumstances. The non-State school’s governing body must keep, for at least 5 years after the arrangements stop applying to the student— the written assessments prepared under subsection (2) (a) ; and a record of the authorised entity’s consideration of the matters stated in subsection (2) (b) ; and the written agreement obtained under subsection (3) . Subsection (3) (a) (i) does not apply if the authorised entity is satisfied it would be inappropriate in the circumstances to require the written agreement of a parent. It may be inappropriate to require a parent’s written agreement if the student is living independently of his or her parents. In this section— authorised entity , for a non-State school, means— the school’s governing body; or a staff member of the school given written authorisation by the governing body for this section. provider , in relation to arrangements for a student, means an entity directly involved in providing a program to the student under the arrangements. student means a student who is of compulsory school age or in the compulsory participation phase. (sec.182-ssec.1) The authorised entity for a non-State school may approve arrangements for a student enrolled at the school that are to apply to the student instead of participation in the school’s educational programs in the usual way. (sec.182-ssec.2) The authorised entity may approve the arrangements only if— a teacher has prepared written assessments of— the student’s educational and other needs; and the learning outcomes that the arrangements are intended to achieve; and the suitability of each provider for the arrangements; and the authorised entity has considered— the written assessments prepared under paragraph (a) ; and how, and by whom, the student’s participation in the arrangements is to be monitored; and how, and by whom, each provider’s involvement in the arrangements is to be monitored and its effectiveness evaluated; and the authorised entity is satisfied the arrangements are appropriate, having regard to— the student’s individual needs and circumstances; and what the authorised entity considers is most likely to achieve the best learning outcomes for the student; and the desirability, unless it would be inappropriate in all the circumstances, of the arrangements requiring the student’s participation at a level that is equivalent to full-time participation in the school’s educational programs in the usual way; and any other matter prescribed under a regulation. (sec.182-ssec.3) However, the authorised entity must not approve the arrangements unless— if the student is of compulsory school age— a parent of the student has given written agreement to the arrangements; and the authorised entity has discussed the arrangements with the student to the extent the authorised entity considers appropriate, having regard to the student’s age and other relevant circumstances; or if the student is in the compulsory participation phase— the student gives written agreement to the arrangements; and the authorised entity has discussed the arrangements with the student’s parents to the extent the authorised entity considers is practicable and appropriate in the circumstances. (sec.182-ssec.4) The non-State school’s governing body must keep, for at least 5 years after the arrangements stop applying to the student— the written assessments prepared under subsection (2) (a) ; and a record of the authorised entity’s consideration of the matters stated in subsection (2) (b) ; and the written agreement obtained under subsection (3) . (sec.182-ssec.5) Subsection (3) (a) (i) does not apply if the authorised entity is satisfied it would be inappropriate in the circumstances to require the written agreement of a parent. It may be inappropriate to require a parent’s written agreement if the student is living independently of his or her parents. (sec.182-ssec.6) In this section— authorised entity , for a non-State school, means— the school’s governing body; or a staff member of the school given written authorisation by the governing body for this section. provider , in relation to arrangements for a student, means an entity directly involved in providing a program to the student under the arrangements. student means a student who is of compulsory school age or in the compulsory participation phase.