Episode 2: Legislation and you: What school principals need to know

Today we’re talking about the law as it applies to schools and to the principal role. While you don't need to be a lawyer to be a principal, you do need to understand how legislation, natural justice and judge-made law affect your role.  We talk through relevant legislation, powers you do and don’t have under law, managing legal risk, give tips for avoiding legal fishhooks, and let you know where to go for advice on actual or potential legal issues.    My guests this week are: Gretchen Stone, partner at law firm Harrison Stone with significant expertise and practical experience in the legal issues that schools and school leaders face in New Zealand.  Patrick Walsh, MNZM, tumuaki of Sacred Heart College in Auckland, former president of the Secondary Principals Association of New Zealand and the Australia New Zealand Education Law Association, foundation member of the New Zealand Teachers Council and current member of the Disciplinary Tribunal of the Education Council, former chair of the New Zealand Law Society Seminars on Education Law.   This podcast was produced for the Ministry of Education as part of Te Ara Tīmatanga mō ngā Tumuaki - The Beginning Pathway for Principals.   You can learn more about this topic by accessing Te Ara Tīmatanga mō ngā Tumuaki - The Beginning Pathway for Principals e-learning modules on the Education LMS: https://training.education.govt.nz   Show notes   Episode themes: Importance of understanding legislation as it applies to schools and to the tumuaki role Legislation principals should understand, including the Employment Relations Act, Privacy Act, Bill of Rights Act, Health and Safety at Work Act, Education and Training Act Powers principals do and don’t have under legislation, including in relation to suspensions Responsibilities of principals under law Relevant sections of legislation to get your head around Managing legal risk Ensuring you have a good complaints policy to help manage issues Things that can trip tumuaki up and how they can be avoided, including the dangers of zero tolerance policies Where to go for advice.   To learn more about this topic, see Section 1 of Te Ara Tīmatanga mō ngā Tumuaki - The Beginning Pathway for Principals e-learning modules [link].   Additional information:   New Zealand School Boards Association (formerly New Zealand School Trustees Association, NZSTA) https://www.tewhakaroputanga.org.nz/advice-and-support/ Dealing with complaints https://www.educationalleaders.govt.nz/Managing-your-school/Guides-for-managing-your-school/Dealing-with-complaints   Education and the law https://www.educationalleaders.govt.nz/Problem-solving/Education-and-the-law   Basic principals of law for school leaders https://www.educationalleaders.govt.nz/Problem-solving/Education-and-the-law/Basic-principles-of-law   Education and Training Act 2020 https://www.education.govt.nz/our-work/legislation/education-and-training-act-2020/ Legislation https://www.legislation.govt.nz/act/public/2020/0038/latest/LMS170676.html   Health and Safety at Work Act 2015 https://www.education.govt.nz/school/health-safety-and-wellbeing/ Legislation https://www.legislation.govt.nz/act/public/2015/0070/latest/DLM5976660.html   Employment https://www.educationalleaders.govt.nz/Problem-solving/Education-and-the-law/Employment Employment Relations Act 2000 https://www.educationalleaders.govt.nz/Problem-solving/Education-and-the-law/Employment/Employment-relations Legislation https://www.legislation.govt.nz/act/public/2000/0024/latest/DLM58317.html   Privacy Act 2020 https://www.education.govt.nz/school/managing-and-supporting-students/sharing-information/ Privacy Act 2020: Resources for schools https://www.education.govt.nz/school/managing-and-supporting-students/sharing-information/privacy-act-2020-resources-for-schools-and-early-learning-services/   Stand-downs, suspensions, exclusions and expulsions guidelines – Part 1 https://www.education.govt.nz/school/managing-and-supporting-students/stud