School Education Act 1999

Parents: Must ensure their children are enrolled and attending during the compulsory education period (section 9). Parents may choose government school, non-government school, home education or (in the final two years) alternatives such as VET and employment. Parents can be authorised persons for participation compliance investigations.

Children of compulsory school age: Must be enrolled and participating. In the final two years, alternatives to school are available (section 11B).

School principals and teachers: Have specific statutory functions including maintaining enrolment records, managing student welfare, implementing curriculum, and administering discipline (sections 62-65).

Non-government school governing bodies: Must register and maintain registration of their schools, meet accreditation requirements, comply with reporting obligations, and satisfy the CEO that the school provides an appropriate standard of education.

The CEO: Administers enrolment rules, manages disputes, registers home educators, sets curriculum guidelines, investigates compliance and has powers over non-government school registration.

The Minister: Sets policy, establishes and closes government schools, may direct the CEO, and has overall statutory responsibility.

Compulsory enrolment (section 9): A parent must ensure their child of compulsory school age is enrolled at a school (government or non-government) or in a home education programme registered under section 48, or in a qualifying alternative under section 11B.

Participation in alternatives (section 11C): Where a child is enrolled in a section 11B alternative instead of school in the final two years, participation must be full-time.

Home educator registration (section 48): A home educator must be registered with the CEO. Registration may be cancelled if the home education programme is not providing adequate education (section 53).

Non-government school registration (Part 4): A non-government school must be registered under Part 4 before operating. Registration requirements include minimum standards of education, appropriate governance, and compliance with reporting obligations. Existing registrations may be reviewed or cancelled.

Curriculum requirements: Government school principals must implement the curriculum framework determined by the CEO under section 67. Special religious education may be provided but parents may withdraw children (section 71).

Reporting on student suspensions and exclusions: Decisions to suspend or exclude students involve procedural requirements including notice, opportunity to respond, and review rights.

Minister's powers over government schools: The Minister may establish, close, amalgamate, rename and reclassify government schools (sections 55-56). Permanent closure requires consultation with affected parents (section 57).

CEO's enrolment and curriculum powers: The CEO may cancel enrolments in government schools where inappropriate (section 83), determine curriculum (section 67), approve home education arrangements, and resolve disputes about enrolment entitlements.

Principal's discipline powers: Principals may suspend students for breaches of school discipline or in cases of sexual offending against other students under Division 5 of Part 3.

Minister's power to designate local-intake schools (section 60): The Minister may declare a government school to be a local-intake school. Children in the local intake area then have a primary right to enrol at that school.

CEO's powers over non-government schools: The CEO may grant, suspend, refuse or cancel registration of non-government schools and may direct inspections (Part 4).

Compulsory enrolment offence (section 17, Part 2, Division 1): A parent who fails to enrol a child of compulsory school age commits an offence. Authorised persons may investigate compliance (sections 12-15).

Home education offence: Operating as a home educator without registration, or failing to maintain adequate home education programmes, may result in cancellation of registration and potential prosecution.

Non-government school offences: Operating an unregistered non-government school or failing to comply with registration conditions is an offence.

Authorised person powers (sections 12-15): The CEO may authorise persons to investigate compliance with compulsory education obligations. Authorised persons may require information, enter premises and inspect records. Impersonating an authorised person is an offence under section 15.

Enrolment applications: Parents may apply to enrol children at government schools. The principal has obligations to enrol eligible children (section 75). Disputes about enrolment entitlements are resolved by the CEO under section 82.

Home education registration: Applications must be made to the CEO. Registration cancellations must provide a notice period of at least until 1 January the following year or not longer than 12 months from cancellation (section 53(4)). A review panel process is available within 14 days of receiving the cancellation notice (section 54(2)).

Non-government school registration: Initial registration requires assessment of whether the school meets prescribed standards. Changes to registration details must be notified. The CEO must allow the school to respond before cancelling registration.

Senior secondary alternatives: A parent (or independent child) must notify the Minister of their chosen alternative under section 11D. The Minister's formal acknowledgment is required for arrangements to have legal effect.

School closure: Permanent closure requires consultation with parents and a process including report to the Minister. Notice of permanent closure is governed by section 58.

School Curriculum and Standards Authority Act 1997 (WA): The curriculum framework and the standards for assessment and reporting are set under this Act. Section 67 of the School Education Act refers to the outline of curriculum and assessment established by the Authority.

Vocational Education and Training Act 1996 (WA): Apprentices and traineeships as alternatives to senior secondary schooling are registered under Part 7 Division 2 of the VET Act. This feeds into section 11B alternatives.

Children and Community Services Act 2004 (WA): Child welfare and protection measures interact with the School Education Act's obligations on schools and authorities to identify and report concerns about children.

Children's Court of Western Australia Act 1988: Proceedings under the School Education Act involving children may engage the jurisdiction of the Children's Court.

State Administrative Tribunal Act 2004 (WA): Review of certain decisions made under the School Education Act (including non-government school registration decisions) may be available through the State Administrative Tribunal.

Section 11B alternatives are not simply "working instead of school": While employment is one option for children in the final two years, it requires Ministerial approval under section 11G and ongoing notification. The child must remain in full-time participation in an approved option at all times. Simply having a job is not sufficient.

Home education is not unregulated: Home educators must register with the CEO and demonstrate that the educational programme is adequate. The CEO may inspect home education arrangements and cancel registration where the programme fails to meet the required standard. This is not a private matter outside the Act's reach.

Local-intake school priority does not guarantee enrolment: Section 78 gives children in the local intake area a primary entitlement to enrol, but this does not override the CEO's power to cancel enrolments that are inappropriate under section 83, or the ability to resolve disputes under section 82 by directing appropriate enrolments at alternative schools.

Curriculum in government schools includes special religious education: Section 69 provides for special religious education. However, section 71 allows parents to withdraw children, and section 68 prohibits curriculum from promoting particular political or religious viewpoints in an inappropriate way.

Non-government school registration is not permanent: Registration is subject to ongoing compliance. The CEO may review and cancel registration if standards fall below requirements. Schools that lose registration must cease operating immediately.

Example 1: Compulsory education compliance: The parents of a 15-year-old decide to withdraw their child from school and enrol them in home education. They must register as home educators under section 48 and provide an educational programme that meets the Act's requirements. They must notify the Minister and maintain registration. Failure to register is an offence.

Example 2: Senior secondary alternative - VET course: A 16-year-old whose parents want them to do a VET course instead of school in Years 11 and 12. The parent must notify the Minister under section 11D before the child participates. The child must participate full-time under section 11C. If the child later drops out of the course, the parent must notify the Minister under section 11D, and the child must either return to school or take up another qualifying option.

Example 3: Non-government school registration dispute: An independent school's governing body receives a notice that the CEO proposes to cancel its registration due to failure to meet curriculum standards. The governing body is entitled to respond to the proposed cancellation and may seek review by the State Administrative Tribunal if the cancellation proceeds.

Example 4: Enrolment dispute at local-intake school: A family moves into the intake area of a highly sought-after local-intake school. The school's principal believes the school is at capacity. The family disputes the refusal to enrol. The matter is referred to the CEO for resolution under section 82, and the CEO must consider whether the child is entitled to enrol and may direct an appropriate enrolment.