School Education

Primary and secondary schools are subject to many different forms of legal regulation. Across Australian jurisdictions, there are lengthy statutes devoted to regulating schools. As well, many other statutes apply schools, such as those relating to criminal law, defamation law and discrimination law. Many common law rules, including those related to negligence, apply to disputes occurring commonly in school contexts. Non-government schools also have obligations under contract law concerning their treatment of students. State and territory education departments, and non-government schools and their authorities, have developed numerous policies concerning different situations which potentially involve legal liability. With over 9600 schools in Australia in 2006, having nearly 240,000 full-time equivalent teaching staff and almost 3.4 million full-time school students,1 the increasingly complex legal context adds challenging demands for teachers, principals, managers and educational administrators as well as parents and children. Several recent books have been published which explore many of these legal issues in detail, demonstrating the growing importance of the law in primary and secondary education.2 This chapter will provide insights into selected areas that are both significant legally, and which appear to be of particular relevance to children‘s education, as well as to teachers and schools. Consequently, we will focus mainly on the liability of schools to students in negligence, and on issues regarding the disciplining of students. Both within and beyond these topics, contentious issues and areas of likely or desirable reform will also be noted