Exemption from school procedure
Direction and guidance on exemptions from the requirement for a child to attend or enrol in public schools.
Audience
Executive Directors, Public Schools; Directors, Educational Leadership; principals and school executive; parents and carers.
| Version | Date | Description of changes | Approved by |
|---|---|---|---|
V02.1.2 |
08/11/2024 |
Updated role titles. Updates to mandatory tools ‘Application for exemption from attendance: 100 days or more’ and ‘Application for exemption from enrolment’, updated instructions for readability and clarity. |
Director, Behaviour and Student Participation |
| V02.1.1 | 20/08/2024 | Mandatory tool 'Application for exemption from enrolment', updated with additional instructions for principals/delegates regarding Year 10 students. Mandatory tool 'Application for part day exemption from attendance', updated to include separate tables for primary and secondary schools. Formula errors amended. |
Director, Behaviour and Student Participation |
| V02.1.0 | 15/07/2024 | Mandatory tool ‘Exemption from school forms’ split into 4 separate forms. |
Director, Behaviour and Student Participation |
| V02.0.0 | 15/03/2024 | Under the 2023 Policy and procedure review program, transferred into the new template. | Executive Director, Inclusion and Wellbeing |
These procedures relate to the School attendance policy.
| Term | Definition |
|---|---|
| Full time preschool education | Attendance at preschool or participation in a preschool program, on all days the centre is open for that age group. This should be determined at a local level, with evidence from the centre that the child is attending ‘full time’. |
| Parents | Any person or persons that have parental responsibility for a child or young person, including a guardian, carer or other person having the custody or care of a child. |
| Elite sports | Elite individual sports, for example:
Elite team sports, for example:
Dance is not considered an elite sports activity. It is considered under elite arts. |
| Elite arts | Can include, or equate to, national and state representation, for example:
|
| Delegate | As defined in the roles and responsibilities section. |
Under Section 25 of the Education Act 1990, the Minister may grant a Certificate of Exemption. This power is delegated, subject to these procedures, to:
- the Secretary, Department of Education
- Deputy Secretary, Public Schools
- Executive Director, Public Schools
- Director, Educational Leadership and principals provided certain conditions are met.
Delegations of Authority to grant exemption
Refer to Delegations of Authority under the Education Act 1990 (PDF 423 KB).
Table 1 Exemption from attendance at school
| Powers – Exemption from Attendance at School | Delegates |
|---|---|
| Exemption from school attendance for students engaged in approved entertainment industry activities and elite sporting activities | Director, Educational Leadership |
| Exemption from school attendance totalling up to 100 days in a 12-month period for any one student, including elite arts. | Principal |
| Exemption from school attendance totalling 100 days or more in a 12-month period for any one student, including elite arts. | Executive Director, Public Schools |
For periods exceeding the delegate’s authority the application should be referred to the next most senior delegate.
Table 2 Exemption from enrolment at school
| Powers – Exemption from Enrolment at School | Delegates |
|---|---|
| Exemption from Enrolment – Age | Executive Director, Public Schools |
| Exemption from Enrolment – Health, learning or social needs or disability | Executive Director, Public Schools |
| Exemption from enrolment – Completion of Education under Special Circumstances | Principal of a secondary school |
What needs to be done
1. Exemptions from school
A child may be exempt from being enrolled at and attending school if the Minister or delegate is satisfied that conditions exist that make it necessary or desirable that a certificate should be granted. A Certificate of Exemption may be given subject to conditions and limited to a period specified in the certificate.
A Certificate of Exemption must only be granted when it has been clearly demonstrated by the applicant that an exemption is in the student’s best interests in the short and long term. Alternatives to exemption should have been fully explored. For example, it may be in the student’s best interests and be more appropriate to access distance education.
In these procedures, the term ‘parent’ or ‘parents’ includes any person or persons having the custody or care of a child.
A Certificate of Exemption should not be approved where the student has been the subject of contact with the Child Wellbeing Unit or a child protection report to Department of Communities and Justice (DCJ) and/or there are unresolved issues concerning a risk of harm. Prior to granting a Certificate of Exemption, a risk assessment should be completed to identify and manage risks.
Where the delegate is aware of existing child protection concerns (including where it may be in the child’s best interests to grant the exemption), the Director, Behaviour and Student Participation must be consulted prior to approval being granted.
If parents request authority not to enrol their child, this must be considered an application for exemption from enrolment.
1.1 General principles
General principles are outlined below.
Procedural fairness must be accorded to an applicant. If the delegate is considering refusing granting an exemption, the parent should be given an opportunity to respond to the delegate’s concerns before a final decision is made. This opportunity should be offered to the parent in writing.
If an applicant wishes to appeal against a decision made by a delegate, the appeal would go to the next more senior delegate.
For most exemptions, parents make an application by completing an Application for Exemption from Attendance/Enrolment at School. This must be made in writing and in advance (Appendix A). Parents can seek assistance from the principal or delegate when completing an Application for Exemption from Attendance/Enrolment at School.
The parent is not required to apply for an exemption in cases of the child being prevented from attending school because of a direction under the Public Health Act 2010. The principal may grant a Certificate of Exemption for the period determined by relevant authorities under this Act.
A delegate can refer the granting of an exemption to a more senior delegate where they identify circumstances that may make this more appropriate.
If there is any case where there are circumstances that may not be considered by these procedures and an exemption appears to be in the best interest of the child, the case should be referred to the Executive Director, Public Schools. The Executive Director, Public Schools should discuss the case with the Director, Behaviour and Student Participation prior to an exemption being granted.
A delegate can cancel the Certificate of Exemption where they identify circumstances that they believe warrants this action. For example, where the conditions attached to the exemption are not being met or cease to apply.
Schools are to retain copies of all documentation relating to the exemption in the student’s file until the student reaches the age of 25, or for 7 years, whichever is greater, and then destroy.
2. Considerations from exemption from attendance at school
2.1 Full day attendance exemptions
Principals; Directors, Educational Leadership and Executive Directors, Public Schools may grant exemptions as outlined below.
Principals; Directors, Educational Leadership and Executive Directors, Public Schools may grant exemptions due to:
- exceptional circumstances (including the health of the student where sick leave or alternative enrolment is not appropriate)
- the child being prevented from attending school because of a direction under the Public Health Act 2010 (the parent is not required to complete an application for exemption)
- employment in the entertainment industry – refer to children's employment information on Office of Children’s Guardian website
- participation in elite arts or elite sporting events.
For any other matter not covered by the above points, the delegate must consult the next most senior delegate in their reporting line.
Note: Students travelling during school terms are not to be exempt. If the principal accepts the reason then leave is granted and the ‘L’ code should be used, consistent with the implementation of National Standards for Student Attendance Data and Attendance Register.
The attendance register must indicate full day exemptions with the code ‘M’.
Links to application forms for exemption from attendance:
Links to application forms for exemption from attendance:
2.2 Part day attendance exemptions
The Minister or delegate may grant a Certificate of Exemption as outlined below.
The Education Act 1990 gives the Minister or delegate the power to grant a Certificate of Exemption from the requirement to attend school during the times specified in the certificate.
For students participating in the entertainment industry, elite arts or elite sporting programs who are required to attend regular activities/training during school time, an Application for Exemption from Attendance/Enrolment at School must be completed and submitted to the principal for approval prior to commencing the program.
Students may participate in school-based programs including behaviour management, transition plans and health care plans. A part day exemption application should be completed.
For part day exemption due to the requirements of a health care plan, the principal should seek the parents’ consent to obtain information from health professionals responsible for the health care of the child.
Students participating in school programs may be granted part day exemptions for periods of time not exceeding the equivalent number of full school days. Close monitoring of exemption periods is necessary so that the approval period is not exceeded.
Participation in such school programs must be approved by the Director, Educational Leadership. Principals should submit the transition plan to restore the child to full-time attendance to the Learning and Wellbeing Officer for recommendation who will forward it to the Director, Educational Leadership.
The attendance register must indicate part day exemptions with the code ‘M’ and the precise times of arrival and/or departure.
For school programs associated with behaviour management or health care plans it is not necessary to complete a separate Application for Exemption from Attendance/Enrolment at School.
Link to application form for part-day exemption from attendance:
3. Considerations for exemption from enrolment at school
3.1 Enrolment exemptions – age, health, learning or social needs or disability
The Executive Director, Public Schools may grant enrolment exemptions as outlined below.
The Executive Director, Public Schools may grant such exemptions due to:
A. age, where a child turns 6 years on or after 1 October or later in a school year and is engaged in:
- full time preschool education at an accredited preschool for the remainder of that school year
- full- or part-time accredited preschool programs for students with disabilities leading to enrolment and full time attendance at a government or registered non-government school not later than 6 months after the child’s sixth birthday
Note: The delegate will require proof of enrolment or participation in the preschool and the child should be involved in a transition-to-school program as a condition of their exemption.
B. the health, learning or social needs or disability of a child necessitating the continuation of an individual program supported by medical specialists not longer than 6 months after the child’s sixth birthday.
Note: The delegate will require a statement in support of the exemption from the child’s medical specialist and the child should be involved in a transition-to-school program as a condition of their exemption.
3.2 Enrolment exemptions – completion of education under special circumstances
Secondary principals may grant exemptions to students under the conditions outlined below.
Secondary principals may grant exemptions to students from the requirement to be enrolled in school provided approval has been given to their entering a full time apprenticeship or traineeship. This applies to students who have completed Year 9 and before they have completed Year 10. Such exemptions will only be granted where the:
- principal considers that the student is a suitable candidate to complete his or her education through an apprenticeship or traineeship
- student’s parents give permission for this to occur
- principal has sighted a full time apprenticeship or traineeship contract signed by the employer and a summary training plan authorised by the registered Training organisation
- employer agrees to notify the NSW Department of Education (through the principal) if the apprenticeship or traineeship is abandoned before the student turns 17 years
- apprenticeship or traineeship is approved by the Commissioner for Vocational Training, State Training Services, as suitable for the young person and the training contract attains ‘registered’ status following the probationary period. Where approval is granted by the principal and the commissioner subsequently notifies the student of his or her decision not to approve the contract following the probationary period, the approval and the exemption will be cancelled. The student’s parents must then take steps to comply with their compulsory schooling obligations.
Note: If the student does not complete the apprenticeship or traineeship, he or she will not have completed Year 10. They will be legally required to complete Year 10 under another pathway of the Education Act 1990, for example, by returning to school or seeking enrolment in TAFE NSW.
Link to application form for exemption from enrolment:
4. Issuing certificates of exemption from attendance or enrolment at school
On approval, a Certificate of Exemption must be issued and:
- include any specific conditions that apply to the exemption
- state that the exemption may be cancelled if any such conditions are not met or cease to apply
- specify dates for which the exemption has been granted, including hours of program participation if a part day exemption period applies.
The original Certificate of Exemption will be provided to the parents.
A copy placed in the student’s file. For exemption from enrolment a copy of the Certificate of Exemption will be provided to the school on subsequent enrolment and must be placed in the student’s file.
For certificates issued by delegates above principal, a copy of the signed Certificate of Exemption will be retained by local Educational Support personnel.
Record-keeping requirements
Schools are to retain copies of all documentation relating to the exemption in the student’s file until the student reaches the age of 25, or for 7 years, whichever is greater, and then destroy.
Mandatory tools and templates
- Application for exemption from attendance: 99 days or less (PDF 688 KB)
- Application for exemption from attendance: 100 days or more (PDF 616 KB)
- Application for exemption from enrolment (PDF 540 KB)
- Application for part day exemption from attendance (PDF 1.6 MB)
Supporting tools, resources and related information
Policy contact
The Director, Behaviour and Student Participation monitors the implementation of this procedure, regularly reviews its contents to ensure relevance and accuracy, and updates it as needed.