Letter · Education Law

Response to a proposal to refuse a student's enrolment on safety grounds (NSW government schools)

Letter for a parent or carer responding to a proposal that a NSW government school refuse enrolment (or that an enrolment direction be made) because of a history of violent behaviour: the s 34(4)(b) test, the risk assessment, proposed strategies and adjustments, and the information relied on.

Kind
Letter. A letter or email you adapt and send.
Where it applies
New South Wales
AI use
Yellow AI can help in set ways. A lawyer checks specific points before use.
Law stated as at
18 October 2026
Status
Maintained. Checked on 18 October 2026 against the 2 authorities it cites, for New South Wales.
Version
1
Source
Written for this library

When to use it

Use when a NSW government school or the Department indicates it may decline a local enrolment, refuse admission under s 34(4)(b) of the Education Act 1990 (NSW), or direct enrolment at a particular kind of school, because of safety concerns about the student, and the family wants to put its position before a decision is made.

Used for these tasks

Each task page says how far AI may help with the task and what the lawyer must review.

How AI may be used

AI may organise the school's correspondence, the student's records and the supports available into the response structure; the lawyer decides what to concede, what to contest and which strategies and adjustments to propose.

AI may

  • Build a chronology of incidents, responses and supports from school, medical and support-service records
  • List the information the school says it relied on and identify documents the family has not seen
  • Organise proposed strategies and adjustments from treating practitioners' reports into a table

AI must not

  • Must not describe the student's behaviour, diagnosis or history beyond what the records show
  • Must not argue that a disability discrimination claim exists; that is the lawyer's advice (see the live Red task on advising a school about students with disability)
  • Must not process the student's health and behaviour records in a tool outside the firm's approved environment

The lawyer checks

  • Which decision is proposed, by whom, and under which power: declining a local enrolment, refusal under s 34(4)(b), or an enrolment direction under s 26H
  • Whether the required risk assessment has been done and shared, and whether the proposed strategies and adjustments answer each identified risk
  • Disability discrimination obligations and the student's right to education are considered, and the family has approved every fact and disclosure in the letter

Method: how the Green, Yellow and Red levels are decided. This is guidance for planning, not legal advice.

Authorities

Read the full text

More in Education Law

All precedents for Education Law · Tasks and AI use in this area