Table 1.
Country |
Name given |
Type of exclusions |
Length (for fixed exclusions) |
Who makes the decision? |
Legal reasons for exclusion |
Prevalence 2 |
---|---|---|---|---|---|---|
Australia 3 (New South Wales) |
Suspension |
Short suspensions |
4 school days. |
School Principal |
Continued disobedience and aggressive behaviour |
Unknown |
Long suspensions |
Up to 20 school days. | School Principal | Physical violence, use or possession of prohibited weapons, firearms or knife, possession, use or supply of a suspected illegal substance, serious criminal behaviour, use a weapon, persistent or serious misbehaviour | |||
Expulsion |
Permanent |
Permanent |
School Principal |
In serious circumstances of misbehaviour, the principal may expel a student of any age from their school. The principal may also expel a student who is over 17 years of age for unsatisfactory participation in learning. |
||
Canada 4 (Ontario) |
Suspension |
Short‐term Long‐term |
1 to 20 school days. More than five school days are considered long‐term. |
School Principal. Parents must be informed within 24 hours. All suspensions can be appealed to the school board. |
Threat to inflict serious bodily harm on another person, possessing alcohol or illegal drugs, being under the influence of alcohol, swearing at a teacher or at another person in a position of authority, committing an act of vandalism that causes extensive damage to school property, or bullying. |
2.76% of enrolled students (N= 2,014,407). Academic Year 2013‐2014 5 |
Expulsion |
From school From all schools (in this case, the students must be offered alternative education) |
Indefinite. |
School Principal should recommend expulsion to the school board. Parents must be informed within 24 hours. All expulsions can be appealed at a tribunal. |
Possessing or using a weapon, physical assault on another person that causes bodily harm requiring treatment by a medical practitioner, sexual assault, trafficking in weapons, trafficking in illegal drugs, robbery, drinking alcohol. |
0.02% of enrolled students (N= 2,014,407) Academic Year 2013‐2014 6 |
|
Chile 7 |
Suspension |
Fixed. Implemented inside the school premises |
The law does not limit the duration of fixed suspensions. Each school community issues their own disciplinary code and defines disciplinary sanctions and their duration. |
Disciplinary Board |
Defined for each school, but it must be used in exceptional cases |
Unknown |
Expulsion |
School Principal |
Conduct that directly threatens the physical or psychological integrity of any member of the school community 8 |
Unknown |
|||
Colombia 9 |
Suspension |
Fixed |
Each school community issues their disciplinary codes and defines disciplinary sanctions and their duration. Normally fixed exclusion lasts 3 days. |
Discretionary |
Violation to the code of conduct |
Unknown |
Definitive |
Unknown |
|||||
Costa Rica 10 |
Suspension |
Fixed |
Up to 8 school days. |
School Principal |
Not clearly stated |
Unknown |
Permanent |
School Board |
Permanent disruptive/defiant behaviour, non‐compliance with previous sanctions, violence and aggressions towards a member of the school community, lack of moral integrity. |
||||
England 11 |
Exclusion |
Fixed (in‐school, out‐of‐school) |
1‐45 days per year. After 5 days of fixed out‐of‐school exclusion, the school must provide alternative education. |
Discretionary School principal |
Repeated failure to follow academic instruction, failure to complete a behavioural sanction (e.g. with a detention, a decision to change the sanction to exclusion would not automatically be unlawful), repeated and persistent breaches of the schools’ behavioural policy. |
Academic year 2014‐2015 12 3.8% of students (all schools) 7.51% of students (secondary schools) |
Permanent |
0.07% of students (all schools) 0.15% of students (secondary schools) |
|||||
France 13 |
Exclusion |
Temporary exclusion from the classroom |
Maximum of 8 days. |
Consultation between the various members of the pedagogical and educational team |
Serious cases of violence (physical or psychological) against the school community |
Unknown |
Temporary exclusion from school |
Maximum of 8 days. |
School principal or school board |
||||
Definitive exclusion |
Permanent |
Disciplinary board. The student should be represented on the disciplinary board. |
||||
Finland 14 |
Exclusion |
In‐school exclusion and out‐of‐school exclusion with the school obligated to provide education at home. |
In‐school exclusion: remainder of the day. Out‐of‐school exclusion: no more than 3 months. It is a very infrequent measure. |
Teacher and school principal using a formal procedure. In cases of out‐of‐school exclusion, a personal plan of education must be provided and local social services should be informed. |
Threats or serious violence that would endanger the safety of other members of the school community |
Unknown |
Permanent exclusion does not exist in the local law. |
||||||
Malta |
Suspension |
Fixed term suspension |
Suspension for the rest of the day or for a few days. The number of days is not stated in the law. |
Must be applied by the Head of School after the student's parent or guardian has been informed. The National Board for School Behaviour should be consulted. |
The law defines 3 levels of misbehaviour. Suspension and expulsion are restricted for level 3, meaning serious offenses only. No further details. |
Unknown |
Expulsion |
Expulsion |
Permanent |
||||
Norway 15 |
Exclusion |
Fixed exclusion, expulsion for the rest of the year and loss of rights to education. |
Primary education (level 1‐7): exclusion from specific lessons or for the rest of the day. Secondary education (level 8‐10): maximum of 3 days. Expulsion and loss of rights are defined in the Educational Law but its use is extremely rare. |
The school principal in consultation with the pupil's teacher, unless the local authority defines a different procedure. |
Exclusion is used as a last resort and can be justified only for serious issues of violence. The law suggests the use of alternatives such as mediation before imposing an exclusion. |
Unknown |
New Zealand 16 |
Stand‐down |
Stand‐down |
The student is removed from school for 5 school days in a term or 10 school days in a year. |
School Principal, through a formal procedure that includes informing the family, the Education Authority and the school board. |
Drugs (including substance abuse), continual disobedience and physical assault on other students were the most prevalent causes for stand‐down, suspensions, exclusion and expulsion. |
1.5% of school population (2015) |
Suspension |
Suspension |
The student is removed from school for no more than 7 days. |
School Board |
0.3% of school population (2015) |
||
Exclusion |
Expulsion |
Maximum of 10 days in a year. |
School Board |
0.1% of the total student population under 16 years old (2015) |
||
Exclusion |
Expulsion |
A student under the age of 16 would be excluded from the school, with the requirement that the student enrolls elsewhere |
School Board |
0.2% of the total student population over 16 years old (2015) 17 |
||
A student aged 16 or over would be expelled from the school, and the student may or may not enroll at another school. |
||||||
The US, Washington DC 18 |
Suspension |
Suspension (short‐term and long‐term) is a restriction in attending school or school activities. |
Short‐term suspension: maximum of 10 consecutive days. Long‐term suspension: more than 10 consecutive days. |
Certified teachers can decide a suspension but it must be communicated to the school principal. Short‐term suspensions must be formally communicated to the student/parents. Long‐term suspensions and expulsions require a formal process (i.e., written notice by the school district) and should be known by the School Principal. |
Violation of school district rules |
3.89% of all Washington students have been suspended or expelled (2014–15) The rate of suspensions and expulsions across districts range between nearly 0% to over 10% of students 19 . |
Expulsion |
Expulsion makes this restriction indefinite. |
Maximum: 1 calendar year |
Violation of school district rules, serious violence, gang activity on school grounds. |
|||
Emergency expulsion |
Temporary. The student would go back once the danger ceases |
The student's presence poses an immediate and continuing danger to others. The student's presence poses a threat of substantial disruption in the classroom. |
||||
The US, Virginia 20 |
Removal from classes |
In‐school |
Teacher |
Disruptive behaviour |
Unknown |
|
Suspension |
Suspension (short‐term and long‐term) is a restriction in attending school or school activities. |
Short‐term suspension: 10 consecutive or 10 cumulative school days in a school year Long‐term suspension: more than 10 school days but less than 365 calendar days. |
Imposed by the school principal, any assistant principal or, in their absence, any teacher. The suspension should entail a formal process. The student must be heard. |
Violation of school code of conduct |
||
Expulsion |
Expulsion makes the restriction last longer. |
A student is not permitted to attend school within the school division and is ineligible for readmission for 365 calendar days after expulsion. |
Imposed by a committee from the school board. Includes a formal process, written notice and appeal. |
Criminal activity, carrying a weapon, drug related offences, or when the pupil presence is a clear threat for the school community. |
||
The US, Texas 21 |
Suspension |
In‐school suspension (e.g., seclusion units) |
In‐school suspension lasts between 1 class and several days. |
Low‐level offences are dealt with on a discretionary basis (according to a defined code of conduct) by the designated administrator (usually the principal or vice principal). Higher‐level offences require mandatory removal from the classroom. Rules for a due process are defined. |
Violation of school code of conduct (unruly, disruptive, or abusive behaviours) |
9.24% (2014‐2015) 22 |
Expulsion |
Out‐of‐school suspension |
Out‐of‐school suspension should be no longer than 3 days. |
Unknown |
Weapon carrying, serious violence or crimes. |
4.33% (2014‐2015) |
|
In the case of serious offences, a student can be expelled from school. |
At least 1 year Disciplinary Alternative Education Program (DAEP) for students removed for over 3 days (no maximum period provided). |
Unknown |
3.39% (2014‐2015) |
Prevalence was calculated by dividing the number of excluded students per year (numerator) by the total number of students per year (denominator).
Information retrieved from “Suspension and Expulsion of School Students” New South Wales Government. Updated in October 2014 https://www.det.nsw.edu.au/policies/student_serv/discipline/stu_discip_gov/suspol_07.pdf
http://www.supereduc.cl/. Additionally, the information can be found in Torche & Mizala (2012)
In Colombia, each school must define school exclusion length. This is established in the Ley General de Educación N° 115, February 1994. http://www.mineducacion.gov.co/1621/articles‐85906_archivo_pdf.pdf. Additional information can be retrieved from http://www.mineducacion.gov.co/1621/article‐86906.html
In England, exclusions are regulated by the Education Act of 2002
In France, school exclusions are regulated by the Code de l'education: http://www.education.gouv.fr/cid56670/sanctions‐scolaires‐reforme‐des‐procedures‐disciplinaires‐dans‐les‐etablissements‐scolaires.html
Basic Education Act 628/1998 (Amendments up to 1136/2010). http://www.finlex.fi/en/laki/kaannokset/1998/en19980628.pdf
LOV 1998‐07‐17 nr 61: Law on Primary and Secondary Education (The Education Act)
In New Zealand, the guidance for suspensions is based on the Education Act of 1989 and the Education Rules 1999 (Stand‐down, Suspension, Exclusion, and Expulsion)
All data referring to prevalence was extracted from a governmental report informing data from academic years 2015. http://www.educationcounts.govt.nz/__data/assets/pdf_file/0011/147764/SSEE‐Indicator‐Report‐2015‐Data.pdf
In the US, procedures and definitions of school suspension vary among states. Here, we use Washington State as an example. For more details, see www.k12.wa.us/Safetycenter/Discipline/pubdocs/Suspension‐expulsion‐rights.pdf
Data extracted from Office of Super Intendent of Education (OSIP), State of Washington. http://www.k12.wa.us/DataAdmin/PerformanceIndicators/DataAnalytics.aspx#discipline
See the specific section for Virginia, p. 10‐16 in https://safesupportivelearning.ed.gov/sites/default/files/disciplinecompendium/School%20Discipline%20Laws%20and%20Regulations%20Compendium.pdf
See the specific section for Texas, p. 14–27 in https://safesupportivelearning.ed.gov/sites/default/files/discipline‐compendium/School%20Discipline%20Laws%20and%20Regulations%20Compendium.pdf
Data extracted from the Texas Education Agency based on categories which count students once. https://rptsvr1.tea.texas.gov/cgi/sas/broker