Controversial issues in schools
Direction and guidance on managing controversial issues arising in school communities.
Audience
All NSW Government schools including staff, students, external providers, contractors, volunteers and visitors involved in activities with students.
Approved providers of special religious education or special education in ethics, conducting activities outside the provisions of the Religious education and special education in ethics policy.
| Version | Date | Description of changes | Approved by |
|---|---|---|---|
V01.0.0 |
30/01/2025 |
Under the 2023 Policy and procedure review program, new policy document with consolidated instructions previously provided in the Controversial issues in schools policy and procedures. |
Executive Director, Curriculum and Reform |
About the policy
Controversial issues may arise in school communities and will be managed using the Controversial issues in schools procedure.
| Term | Definition |
|---|---|
Controversial issue |
A controversial issue is an issue on which people hold strong differing views. What is considered controversial by people or communities often differs and changes over time, and can be impacted by attitudes, values and local and world events. |
External providers and visitors |
These include any person, organisation or group offering services or resources to support the delivery of school curriculum or extra-curricular activities. These include events, presentations, performances, exhibitions and excursions or incursions. Visitors include speakers, volunteers and officials. |
Film and computer games classifications |
The classifications are G (General), PG (Parental Guidance), M (Mature) and MA15+ (Mature Accompanied), R18+ (Restricted) or X18+ (Restricted). The G, PG and M are advisory classifications that recommend the appropriate audience. MA15+, R18+ and X18+ are legally restricted classifications. Details are available from the Classification (Publications, Films and Computer Games) Enforcement Act 1995 |
Television classifications |
These include C (Children), P (Preschool), G (General), PG (Parental Guidance), M (Mature), MA 15+ (Mature Audience). Details are available from the Commercial Television Industry Code of Practice. |
Principals:
- are responsible for the delivery of school curriculum including teaching and learning resources, school programs and activities, and extra-curricular activities including managing controversial issues
- reasonably monitor the school community to identify controversial issues and notify staff, contractors, external providers, volunteers and visitors as needed
- provide all school staff, external providers, contractors, volunteers and visitors with opportunities to understand this procedure and any supporting material, and provide school staff with professional learning, where available
- review and approve the content and materials from external providers, contractors, volunteers and visitors that are reasonably likely to contain controversial issues before delivery and obtain their written agreement to abide by this procedure
- approve the use of audiovisual material classified M or MA15+
- review and approve, before they begin, any planned student-organised activities
- where appropriate and in accordance with their professional judgement, notify parents and carers before delivery of, or student participation in, curriculum, school programs and activities, extra-curricular and student-organised activities, presentations or other events that address controversial issues
- where appropriate and in accordance with their professional judgement, provide parents or carers with opt-in or opt-out consent forms for school programs and activities, extra-curricular and student-organised activities, presentations or other events that address controversial issues
- inform parents or carers who raise concerns about the curriculum and conscientiously object, on religious grounds to their child being taught a particular part of a course of study, about the notification process under section 26 of the Education Act 1990, which is outlined in the Other activities of a religious nature in schools procedures
- where appropriate and in accordance with their professional judgement, notify parents or carers as soon as possible after they become aware that an unexpected controversial issue related to their child has arisen
- collect and retain records related to external providers, contractors, volunteers and visitors to the school consistent with the record keeping requirements of these procedures
- retain all records related to controversial issues consistent with the record keeping requirements of these procedures
- may delegate any responsibilities above to other executive or teaching staff except for approving the use of audio visual material classified M or MA15+ and the content and materials from external providers, contractors, volunteers and visitors that are reasonably likely to contain controversial issues
- report incidents and breaches of these procedures to their Director, Educational Leadership
- notify the Director, Educational Leadership as soon as possible before any proposed official visit.
Teachers, executive staff and other school staff:
- assist principals in identifying and managing controversial issues
- consider a range of views and the potential impact of controversial issues in the school curriculum (including syllabuses and teaching and learning resources), school programs and activities, extra-curricular activities and student-organised activities when planning and programming
- review, before use, all teaching and learning resources and extra-curricular activities and associated materials that are referenced, distributed or shown to students
- inform the principal of any upcoming curriculum content, extra-curricular activities, presentations, events or visitors addressing controversial issues
- maintain objectivity, avoiding distortion of discussion and acknowledge the rights of students, parents and carers to hold different viewpoints
- supervise presentations and activities conducted by contractors, external providers, volunteers and visitors, extra-curricular and student-organised activities, and any materials used, and monitor them for adherence to this procedure
- promptly notify the principal if controversial issues arise unexpectedly in the classroom or any school programs and activities, extra-curricular activities, student-organised activities or external provider events, excursions and incursions.
Directors, Educational Leadership:
- monitor school compliance with this procedure
- support principals to respond to incidents and breaches of these procedures in consultation with the Executive Director, Public Schools.
What needs to be done
1. Understand controversial issues in school contexts
A controversial issue is an issue on which people hold strong differing views. What is considered controversial by people or communities often differs and changes over time, and can be impacted by attitudes, values and local and world events.
Controversial issues may arise in school communities from time to time in:
- the curriculum, including mandated syllabuses and teaching and learning resources
- library books in the school library collection
- school programs and activities
- extra-curricular activities and associated materials
- student-organised activities
- the views expressed by, or in the actions of, school students, staff, external providers, contractors, volunteers or visitors
- questions, subjects, topics, problems and conflicts.
NSW mandated syllabuses and prescribed texts are developed by the NSW Education Standards Authority in consultation with the community, are age appropriate and approved by the Minister for Education.
All NSW schools must teach the approved NSW mandated syllabuses and prescribed texts including when they deal with controversial issues.
2. Manage controversial issues
Schools help students prepare for informed and reasoned involvement in community life by studying social issues and engaging in rational discourse and objective study. School staff, external providers and visitors are in a privileged position to influence students.
Appropriate management allows the study of controversial issues to provide valuable and significant learning experiences.
This study must:
- be age-appropriate
- be consistent with curriculum objectives
- be consistent with the values of public education
- be relevant to the school’s purpose and goals
- not be intended to advance the interest of any particular group, political or otherwise.
Schools must not distribute material inconsistent with the points above.
Communication in and related to schools, including the discussion of controversial issues should:
- respect the rights of students, parents and carers, school staff, external providers and visitors to hold different views
- be respectful, free from harassment, discrimination and vilification, and comply with the department’s Code of ethics and conduct, Anti-racism policy, Behaviour code for students and Values in NSW public schools
- facilitate rational discourse and objective study and present views and evidence impartially
- acknowledge different viewpoints and avoid distortion when discussing controversial issues.
2.1 When to inform parents or carers about controversial issues
Principals:
- must notify parents about student-organised activities known to address controversial issues
- use their professional judgement to determine how and when it is appropriate to notify parents or carers about student participation in the delivery of curriculum, school programs and activities, extra-curricular activities and excursions or incursions that address controversial issues.
Principals should include in the communication:
- details of the curriculum, external provider or extra-curricular or student-organised activity and associated materials (including the content and classification of audiovisual material)
- those issues raised by the curriculum, external provider or extra-curricular activity and associated materials, that some people in the school community may consider controversial (such as themes, nudity, sex, coarse language, violence, cultural issues relevant to the school community)
- the relevance of the issue to the curriculum, or extra-curricular or student-organised activity
- the option for parents or carers to contact the class teacher, school executive or principal to discuss the curriculum, excursion, external provider or extra-curricular or student-organised activity.
2.2 When to gain parents’ or carers’ consent
Principals should use their professional judgement to determine when it is appropriate to provide the option for parents or carers to withdraw their child from school programs and activities, student-organised activities, extra-curricular activities excursion and incursions addressing controversial issues using opt-out or opt-in consent forms.
Schools must retain all returned consent or withdrawal forms in accordance with record keeping requirements.
If parents provide a response by phone, schools must keep a written record of the call (including, date, time, caller, recipient and consent).
Consent forms should include:
- the content’s link to the curriculum (including learning objectives and outcomes), school programs and activities or extra-curricular or student-organised activities
- the controversial issues related to the activity or material
- for audiovisual material, content and classification (refer to section 3 on audiovisual material).
2.3 Respond to controversial issues that arise unexpectedly
Where appropriate, principals should promptly notify parents or carers if controversial issues arise unexpectedly in the classroom or any school programs and activities, extra-curricular activities, student-organised activities or external provider events, excursions and incursions. This notification should:
- explain the context and how the situation came about
- outline how the situation/issue was dealt with
- provide guidance to parents or carers about how to address the issue with their child at home.
If needed, principals should also seek guidance from their Director, Educational Leadership, to ensure appropriate management in line with this procedure.
2.4 Ensure prohibited organisations are not permitted access
Proscribed terrorist organisations are not permitted access to school students or facilities (for a list of these organisations refer to Australian National Security).
Principals should contact the probity unit if they cannot determine the suitability and background of proposed presenters, visitors, external providers or special interest groups, or there are safety concerns. The Director, Probity Unit can then organise for a confidential background check to assist principals in their decision-making.
2.5 Manage controversial issues in specific circumstances
Schools must consider additional requirements when managing controversial issues in specific circumstances.
Political and discriminatory material
The following material may only be distributed to students if it is for study purposes and is relevant to curriculum delivery:
- contemporary material of an overtly political nature
- material that discriminates or promotes discriminatory behaviour.
These procedures do not prevent the study of formerly published political and industrial material in an historical context and as part of the curriculum.
Parents objecting to curriculum on religious grounds
Principals must follow the process outlined in Other activities of a religious nature in schools procedures when parents raise concerns about the curriculum on religious grounds.
Controversial issues may arise during or following an excursion or incursion depending on:
- the content delivered
- views expressed
- the actions of teachers, external providers or speakers addressing the students.
If it is known that controversial issues are likely to be addressed during an excursion or incursion (refer to the Excursions and variations of routine procedures), schools must inform parents or carers in the consent form, as noted above in section 2.1 When to inform parents or carers about controversial issues.
Activities formally organised by students – including lunch time groups addressing political, philosophical, religious or other controversial issues – may be held in schools if:
- approved by the principal
- supervised by school staff
- parents or carers are notified about the group.
Student-organised activities of a religious nature must follow the process outlined in the Other activities of a religious nature in schools procedures.
In primary schools
Principals must give parents and carers the opportunity to consent or withhold consent for their child to attend student-organised activities unless exceptional circumstances apply. For example, where a court has taken away a parent’s decision-making power, or where there are reasonable grounds to believe that a student would be at foreseeable risk of harm if consent was sought from a parent or carer.
In high schools
As children grow older, they have an increasing right to make decisions for themselves, including whether to participate in student-organised activities at school.
Principals consider whether to seek consent from the parents and carers of students based on:
- knowledge of the family
- duty of care to students
- the student’s views
- any court orders that may be in place
- the child’s development
- whether many members of the school community may consider the student-organised activity to be controversial.
Principals:
- provide external providers, contractors, volunteers and visitors with opportunities to understand these procedures and any supporting material
- review and approve, before delivery, the content and materials from external providers, contractors, volunteers and visitors that is to be referenced or distributed to students and which are reasonably likely to contain controversial issues
- obtain written agreement from external providers, contractors, volunteers and visitors to abide by these procedures
- may delegate the task of reviewing the material to an appropriate member of the teaching staff and make a judgment based on the teacher’s feedback. This responsibility cannot be delegated to people from outside the school, including the publishers of material for use in the school or on school excursions
- cannot delegate the task of approving materials for distribution. Any material considered inappropriate must not be shown or distributed to students. Any proposed presentation or activity may either go ahead without the inappropriate material or may be cancelled.
Staff supervising activities or presentations from external providers, contractors, visitors and volunteers who consider an activity or presentation is inappropriate, contains inappropriate material or differs from the content approved must:
- request the presenter to move on immediately to another topic or stop the presentation or activity (if necessary) and explain to students why the presentation has been stopped
- address any questions or comments made by students on inappropriate or irrelevant content and state that the matter will be dealt with in a more appropriate forum
- promptly inform the principal or workplace manager.
Official visitors are welcome at schools. Some people may consider these visits controversial. Principals should notify the Director, Educational Leadership as soon as possible before any proposed official visit, including but not limited to, those outlined in Table 1.
Table 1 Type of visitor and appropriate action
| Type of visitor | Action |
|---|---|
Council members and Local members of parliament |
Take an active interest in schools within their local government areas and electorates. Whether in government or not, they should be welcomed at schools within their local government areas and electorates. All arrangements should be made between the principal and council member or the local member’s office. |
Other council members and members of parliament (state and federal) |
May request to visit a school outside their local government areas and electorates, or a principal may invite other members of council or parliament to their school. Arrangements are to be made through the office of the Minister for Education and Early Learning (minister’s office) for visits to schools by members of state or federal parliament, other than local members (or local candidates for political office). If a member of another council or another member of parliament approaches a school and initiates a visit, principals must ask them to contact the minister’s office. When members of state or federal parliament, other than local members (or local candidates for political office), visit schools, principals must make arrangements through the minister’s office. |
Flag presentations |
Local state and federal members of parliament traditionally visit schools on behalf of the government to present official Australian and state flags. These visits are welcome provided they are at the invitation of the principal. |
Speech and presentation events |
Schools organise speech and presentation events to celebrate the students’ achievements. The principal may invite council members or members of parliament, without informing the minister’s office. |
Union officials |
Union officials may visit schools to speak with members during non-working time. Industrial notices, containing material of a political nature are not permitted to be distributed or shown to students at school. |
3. Comply with audiovisual material requirements
This includes all audiovisual material used in schools, including films, computer games, television and radio content, music and digital content. It extends to any approved excursions that involve visits to cinemas, video game venues, theatres, associated coach or air travel or other related activity using audiovisual material.
Approval to use audiovisual material cannot be delegated to people from outside the school, including the material’s publishers or providers.
When parental consent can’t be obtained, schools can seek consent from any other person the principal considers appropriate. If the student is living independently of parents or other carers, the student must provide written agreement to view the material.
Principals:
- may delegate approval to use PG material to a suitable staff member
- review and approve, before use, all material classified M and MA15+. The principal may delegate the task of previewing the material to a suitable staff member who will advise the principal as to suitability for students 15 years and over. The approval of M and MA15+ material may not be delegated.
Teachers:
- refer to the consumer advice adjacent to the classification marking when previewing audiovisual materials
- carefully consider material classified PG for use with students under 15
- obtain the principal’s (M, MA15+) or delegate’s (PG) approval to use the audiovisual material
- plan alternative teaching and learning resources or activities for students who are not permitted to view the material, without departing from the syllabus or an approved text, particularly where an assessment task relates to the material
- notify parents of children over the age of 15 before presenting material classified M or MA15+ and gain their consent, as noted in section 2.1 When to inform parents or carers about controversial issues and section 2.2 When to gain parents’ or carers’ consent
- understand the classification of films and computer games under the Classification (Publications, Films and Computer Games) Enforcement Act 1995.
Table 2 Film and television classifications
| Classification | Details and consent |
|---|---|
C (Children), P (Preschool) and G (General) |
For general viewing and may be used with all students without obtaining parental consent. |
PG (Parental Guidance) |
Requires guidance from teachers, parents or carers for students under the age of 15. Material in this classification might upset, frighten or confuse some students and an adult may be required to provide guidance. PG is permitted for students under 15 years with parental opt-in or opt-out consent. |
M (Mature) |
Should only be considered for students who are 15 years and over when:
Material in this classification include portrayals of elements such as violence and themes that require a mature outlook. M is permitted for students over 15 years with parental opt-in or opt-out consent. |
MA15+ (Mature Accompanied) |
Legally restricted. Should only be considered for students 15 years and over when:
MA15+ is permitted for students over 15 years with parental opt-in or opt-out consent. |
R18+ and X18+(Restricted) |
Must not be shown to school students, regardless of their ages, under any circumstances. |
Record-keeping requirements
Retain and dispose of records related to controversial issues according to the requirements set out by the Functional Retention and disposal requirements for schools.
Table 3 Type of record and instruction for action
| Records | Instruction | Instrument |
|---|---|---|
Records of notifying parents and carers Completed opt-in or opt-out consent forms |
Retain for a minimum of 2 years after the activity and then destroy |
FA387 3.0.16 |
Excursion forms |
Retain for a minimum of 2 years after the excursion and then destroy |
FA387 3.0.16 |
Document with completed acknowledgement clause relating to:
|
Retain for a minimum of 5 years and then destroy |
FA387 3.0.15 |
Incident reports of breaches of this policy as a record relating to school management where the incident is serious and has the potential to impact the department, for example where there has been widespread media coverage |
Retain for a minimum of 25 years after the action has been completed and then destroy |
FA387 2.0.4 |
Supporting tools, resources and related information
- To search for classification and consumer advice about a particular film or computer game access the Australian Classification webpage
- Resources for educators, parents, and students are provided by the e-Safety Commissioner
- Understand the classification of television and radio materials under the Commercial Television Industry Code of Practice and the Broadcasting Services Act 1992
- To check copyright obligations for curricular and extra-curricular activities access Smartcopy
- Provide the Request for reconsideration of school library resources form to members of the school community who wish to raise concerns with the school executive about an item in the library collection.
- Broadcasting Services Act 1992
- Classifications (Publications, Films and Computer Games) Act 1995 (Cth)
- Classification (Publications, Films and Computer Games) Enforcement Act 1995 (NSW)
- ABC classification system
- Commercial television industry code of practice 2015
- SBS Code of Practice
- Education Act 1990
- Functional Retention and Disposal Authority: FA387 (PDF 106 KB)
- Anti-Racism policy
- Behaviour code for students
- Child Protection – responding to and reporting students at risk of harm
- Excursions and variation of routine procedures
- Incident notification and response procedure
- Library policy and Library procedures
- Multicultural education policy
- Other activities of a religious nature in schools procedures
- Professional and ethical standards
- Records management procedures
- Religious education and special education in ethics policy
- Social media policy
- Student behaviour policy
- Employment screening policy document
- Values in NSW public schools policy
Policy contact
The Executive Director, Curriculum monitors the implementation of these procedures, regularly reviews their contents to ensure relevance and accuracy, and updates them as needed.