Legal problems / exclusion at school

Stand-downs, suspensions and exclusions can be particularly harmful for ākonga with FASD. Removing a child from school does not address the underlying reasons for their distress or dysregulation and may increase anxiety, disconnection and missed learning.

Schools must follow formal legal processes. They cannot simply ask whānau to keep an ākonga home, collect them early or accept a reduced timetable for disciplinary reasons.

If your child is being formally or informally excluded:

  • Ask for the decision and reasons in writing
  • Keep records of absences, emails and meetings
  • Ask what learning support, environmental changes and FASD-informed strategies have been considered
  • Take a support person or advocate to meetings
  • Seek advice as early as possible

You can also record informal exclusions and restricted attendance through FASD-CAN’s KEA Tracker. This helps us build a clearer picture of what ākonga with FASD and their whānau are experiencing.

The Ministry of Education provides information about stand-downs, suspensions, exclusions and expulsions.

Free legal help with education issues

YouthLaw Aotearoa is a free community law centre for people under 25 and those who support them, who cannot access legal help elsewhere. It provides nationwide advice about education law, including school disciplinary processes, learning support and disability rights.

Call 0800 UTHLAW (0800 884 529), Monday to Friday from 10am–4pm, complete the online contact form or email [email protected].

Recorded webinar: Overcoming School Exclusion of Rangatahi

In this recorded webinar, Cherryl Waerea-i-te-rangi Smith shares her experience of having her mokopuna reinstated after exclusion – with improved support and communication for everyone involved.

Watch Overcoming School Exclusion of Rangatahi.