What are your thoughts on the new regulations?

We want your feedback on how the regulations work in practice and how affected parties should act to follow the legislation.

Read the regulations overview tab and the relevant information sheets and provide your feedback by joining the converation below.

 

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Sue Miller

16 Mar 2020

Can you please provide a response to my earlier comment? Others have had their comments acknowledged and responded to below... Do the new regulations mean there will be changes to the school transport policy? This is a significant issue in regional areas because school zones and eligibility for travel allowances become complicated because they are defined by where a bus route goes. Do the new regulations mean government school buses can provide travel for all students, regardless of what school they attend (government or non-government school)? Will school buses be available for broader community use? If so, who makes these decisions? Is DfE still responsible for school buses or is it now Department for Planning, Transport and Infrastructure? This is significant for how government and non-government school students in regional areas get to school and what bus services are provided to regional communities. Do the regulations aim to ensure consistent school transport for all regional students. The government asked the community for their thoughts about the best way to provide fair access to school bus services for regional students but a year has now passed and there has been no feedback? School zoning is an issue in regional areas and influences if travel allowances are paid or not; will the new Act and regulations mean government school students can choose a different public school and be able to access public school buses, and receive a travel allowance in part or full when they exercise their choice of public school? What are the implications of allowing existing buses on government school routes to make stops at non-government schools within the area of current routes, with consideration also given to broader routes. Currently, stops are only made at non-government schools if the bus passes it in the normal course of its route. Thank you (again).

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Adrian Menzel

11 Mar 2020

I am making comments in relation to Regulation 10 which allows the Minister to publish criteria, requirements or policies for enrolment in particular school zones.
I am a member of the Robertstown Community and our Community Management Committee Inc. and I am concerned that our local Primary School only has in 2020 12 students in comparision to 30 in 2015 going to it.
This has mainly occurred due to a large amount of parents choosing to send their children to 1 of 2 schools in Eudunda, 22 Kilometres South of Robertstown.
There is a special bus trip to Eudunda to take them there which would be an added cost to do so.
When I went to school, parents had to send their children to their nearest school and that should be the same today.
Due to the low number of students attending the Robertstown Primary School and the Education Department chose to close it, what would be all of the repercussions of it happening?
As a result of what I have stated, the Minister should direct parents to send their children to the nearest school within the State of South Australia, except in the occasion of special circumstances where the parents would have to make and application and have it approved for an exemption.

Sue Miller > Adrian Menzel

12 Mar 2020

Adrian, you may be interested to read the submission EFS made to the Review of Regional School Bus Services in SA in February last year - go the the Eastern Fleurieu School website, governance page and scroll to the bottom. It's a large submission but echos some of your concerns. It is not clear what the new Act and regulations mean for changes (if any) may occur to the current DfE Transport Policy. In the lead up to the 2017 election, the Liberal Party made commitments re bus travel to families choosing to send their children to non-Government schools... potentially this has implications for the viability of some regional public primary and secondary schools.

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AV W

10 Mar 2020

In regards to Regulations 28 and 29, religious activities should be opt-in only. Our public schools need to remain secular! If certain religious students require different activities, that's fine, but I will not accept any public school teaching my child religious doctrines. Steve Wade has stated it perfectly below.
It would be great too if there was an amendment to the government funding of private schools to greatly reduce it, and put funding back into public education. That's what our taxes should be for.

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Department for Education > AV W

13 Mar 2020

Thanks for your contribution about regulations 28 and 29. As we’ve suggested in our responses to Steve and Lizzie below, you might want to consider section 82 of the Education and Children’s Services Act 2019 if you haven’t already; as this provides information on the delivery of religious and cultural activities in government schools. We note that you have made comments about funding arrangements for schools and would like to clarify that these are outside of the scope of the Education and Children’s Services Act and Regulations 2020. Regards Department for Education

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Lizzie Maughan

09 Mar 2020

I absolutely agree withSteve Wade below, regarding regulation 29, religious activities should be opt-in.

Regarding regulation 30, all children should have to do sex education as well as the KS:CPC. People opting out puts others at risk. More inclusive content with more trained teachers needs to be delivered to every child.

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Department for Education > Lizzie Maughan

13 Mar 2020

Hi Lizzie, thanks for your engagement with the draft regulations and sharing your comments on regulations 29 and 30. As we advised Steve below, you may also wish to consider section 82 of the Education and Children’s Services Act 2019 which provides more detail of the circumstances under which religious and cultural activities can be delivered in government schools. Regards Department for Education

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Steve Wade

09 Mar 2020

In regards to Regulation 29. Schools are *meant* to be secular and any parent not wishing to have their children engage in religious activities should not need to opt-out, it should be opt-in by default.

As a parent I do not expect any religious instruction in a public school without my express consent and it stands I should not need to refuse it, permission should be requested by the person wishing to provide that instruction.

Further, logic alone dictates that ANY religion could be taught, and if I were to allow religous instruction but "only christian content" - I would need to make a specific denial for each and every other religion - unless the school has decided that only christian content can be provided - which by itself raises questions about *other* religious freedoms where school councils decide 1) whether instruction is provided and 2) whose religion is taught.

No child should have any religion dictated - let alone a specific one - without an express request to have it provided.

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Department for Education > Steve Wade

13 Mar 2020

Thank you Steve for your contribution regarding regulation 29. Your feedback relating to exemptions from religious activities in government schools will be considered when the regulations are being finalised. If you haven’t already done so, you may wish to consider section 82 of the Education and Children’s Services Act 2019, which enables religious and cultural activities to be delivered in schools at the discretion of the school principal, who must provide written notice to parents. This section also requires that students who do not participate in these activities will be provided with an alternative curriculum-related activity. Thanks again for your involvement in this consultation. Regards Department for Education

Steve Wade > Steve Wade

13 Mar 2020

Appreciate the reply, but it needs to be said I was prompted to input to the new regulations because of what might (subsequently) be a breach of section 82 in that case.

At the school where 2 of my children currently attend (and a 3rd former student), students were asked to attend the school hall, from home group, where they were offered bibles by the Gideon Society and told all about it's "rightness".

No parental permission was sought and nor were students told prior to attending why they should be going to the hall. 3 times this has ocurred.

After it happened to our first high school child, I suggested to our kids they were under no obligation to attend any future Gideon meeting but they were not told so they could not refue.

So whilst no class instruction per se was given, this is either breach of section 82 or a loophole where the school council/principal can involve kids in their chosen religion without parental knowledge.

So either current regulations are incomplete/ambiguous (including section 82) or it needs very express qualification within the new regulations that NO religious actions be provided, under any circumstances without express permission up front.

Which, in short means, opt-in.

Principals/school councils should not be able to circumvent (or breach through ambiguity) section 82 and certainly not without at least a students right to refuse religious engagement as the barest minimum.

Government Agency

Department for Education > Steve Wade

20 Mar 2020

Hi Steve. Thanks for your further feedback and the example of your children’s experience.

Section 82 of the Education and Children’s Services Act 2019 is yet to come into operation. The current arrangements under the Education Act 1972 and regulations make provision for religious education classes, or half-day seminars held by the clergy. It is anticipated that the updated terminology relating to ‘religious and cultural activities’ in the new legislation will provide more certainty for parents and caregivers in relation to the conduct of such in schools. As you are aware, this will also make it clear that notification must be provided to parents and caregivers about the intended conduct of a specified religious or cultural activity.
As previously advised, your feedback will be considered in finalisation of the regulations and your input into the consultation is appreciated.

Regards, Department for Education

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Danielle Bailey

09 Mar 2020

Regulation 30 says parents and caregivers can request that their child be exempt from sex education. However, that exemption does not apply to the Keeping Safe: Child Protection Curriculum.

I believe all parents should be able to view the Child Protection Curriculum in order to be informed about what their children are learning about. I have concerns about some of the content of this course and I would like to have the right to exclude my child from portions of it. Disallowing parents the right to have a say in a child's education and what they are and are not comfortable with their child learning undermines the parent.

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Department for Education > Danielle Bailey

13 Mar 2020

Hi Danielle, we appreciate your views, which will be considered in finalising the regulations. I suggest you discuss your concerns with your child’s teacher or the Principal. They can also provide you with more information about the Keeping Safe: Child Protection Curriculum plus there is information available here: https://www.education.sa.gov.au/teaching/curriculum-and-teaching/keeping-safe-child-protection-curriculum. Regards Department for Education

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concerned teacher

06 Mar 2020

A little concerned with section 68 relating to Principals responsibilities. Why is there no mention of the need for principals to ensure the well being of all staff on site?

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Department for Education > concerned teacher

16 Mar 2020

Thanks for your question. We’d like to clarify that regulation 68 doesn’t include principals’ responsibility for staff wellbeing as this is covered under work health and safety legislation. Your engagement with this consultation is appreciated. Regards, Department for Education

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Sue Miller

03 Mar 2020

I am interested in what the new regulations mean regarding travel allowances - the outcomes of the Review of School Bus Services in Regional SA (Feb 2019) will likely be relevant to this however to the best of my knowledge the outcomes of the Review have not ever been made available publicly. My questions are:
1. When will the outcomes of the Review of School Bus Services in Regional SA will be published or communicated? If the outcomes won’t be published, how do those who made a submission obtain a copy of the report provided to government (flagged to be in March 2019 or whenever the report went to government)?
2. Has there been any communication to non-government schools regarding the outcomes of the Review of School Bus Services in Regional SA? If so, how does the public obtain a copy of this?
3. Has there been any communication to government schools regarding the outcomes of the Review of School Bus Services in Regional SA? If so, how does the public obtain a copy of this?
4. What changes are proposed to the existing School Transport Policy given the new Education and Children’s Services Regulations 2020 has a new regulation that makes specific reference to non-government schools in Part 1, 4 Applications of regulations to non-Government schools.
5. Are all families now entitled to a transport allowance, and access to Department for Education buses, when they are exercising their right to choose a non-government primary or secondary school? Or, to choose a government school that is not their closest school?
Can you please provide a public response to these questions? Thank you for this opportunity to join the discussion.

Government Agency

Department for Education > Sue Miller

16 Mar 2020

Hi Sue, your questions regarding changes to the School Transport Policy have been forwarded to the relevant part of the department. We will provide a response as soon as it is available. In relation to your queries about the School Bus Review, we can advise that the Review involved an extensive consultation process and the complexity of the matter has required careful and thorough analysis to ensure issues raised during the consultation by stakeholders have been fully considered and analysed, to assist the Government in its consideration of options.

Consultation included a broad range of stakeholders, including parents, the community, government and non-government school communities, representative associations and industry. The consultation process was lengthy and helped identify the main issues with the current services available, and to gain an understanding of policy areas that may require review or change.

A report is being finalised for the Government which identifies options and implications to assist the Government in determining the best way forward to ensure fair access to regional school bus services. The report will be provided to the Government for consideration soon.

Thank you for your interest.
Regards, Department for Education

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Alixe Boardman

02 Mar 2020

I think the clause in the legislation around teaching methods is very interesting and open to interpretation. As present it looks like it is targeted at homework but could the door be open for more directives on teaching pedagogies. This could be interpreted in a positive or negative way. E.g. the teaching of reading.

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Department for Education > Alixe Boardman

05 Mar 2020

Hi Alixe, thanks for your comments on regulation 18, which replicates regulation 73 in the current Education Regulations 2012. Since drafting of the original regulations under the current Education Act 1972, this has only dealt with arrangements for setting of homework, but note your comments about the potential use of this provision. Thank you for your consideration of the draft regulations. Regards, Department for Education

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Amanda Turner

29 Feb 2020

Sadly, regardless of the regulations, it seems some do not follow them. There needs to be more about leadership bullying and intimidation. We have a school community falling apart due to disregard to following any regulations. No staff have a voice or are included in decisions.
Adding to this, we are continually trying to expect children with disabilities to achieve certain curriculum requirements. Teachers and support workers are working above and beyond to achieve this when most children need support in basic education and more individual communication and independent living skills. There needs to be more individual based, flexibility in curriculum for children with disabilities. Instead we are pressured to make things look good in reviews and on the outside, yet no real support for the educators who are covering way more than is realistic.

Government Agency

Department for Education > Amanda Turner

05 Mar 2020

Hi Amanda, we note your perspectives about adherence to the regulations and curriculum needs for children with a disability. Your comments have been forwarded to the relevant part of the department. Thank you for providing feedback on the draft Education and Childrens Services Regulations 2020. Regards, Department for Education

concerned teacher > Amanda Turner

06 Mar 2020

I concur totally with Amanda. The incidence of bullying by leadership is a growing trend across a number of sites. Efoorts to call out this bullying often results in negative reprcussions for those trying to get it addressed.

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Department for Education > Amanda Turner

13 Mar 2020

Thanks for providing additional feedback about this issue. All comments submitted will be considered and included in the report about this consultation. Your interest is appreciated. Regards Department for Education.

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Angela Edwards

26 Feb 2020

I have no changes or suggestions, other than I feel there needs to be a limit on the extra curricular activities week the children are involved in. We regulate everything else it seems, but we have so many events in recognition of this and that....we are moving further and further from the core subjects.

Government Agency

Department for Education > Angela Edwards

27 Feb 2020

Hi Angela Thank you. We value all comments received and will be sure to pass them onto the project team. Regards Department for Education

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robert keage

26 Feb 2020

I have expressed concern about a lack of consultation process as it applies to the South Australian Modern Public Sector Enterprise Agreement: Salaried 2017 and WHS Act 2012.

Section 45—Assignment of duties and transfer to non-teaching position within Department.

• When a teacher is placed in a non-teaching (PSM Act) position, no make-up pay is provided at all? Wages not supplemented by another budget line?

• Does this mean non-teaching positions only in the department and not across other government departments?

• Do we assume priority of placement options considered in non-teaching positions mean placement in school communities first?

• If training or certification of work type is required to effect a non-teaching transfer who pays? The school, hiring manager or a separate debit line from the education budget?

• Does the non-teacher transfer apply outside or above industrially agreed government prioritised programs to place public servants into employment first? For example, post injured or excess employees?

• How is the chief executive to monitor compliance and obligations that involve relevant employees? I am reminded of the Dreamworld case where it was identified not having front line employees involved in identifying risk resulted in a less authentic information been given to directors. Perhaps middle managers may have moderated risk factors?

• Do we assume section 45 non-teaching position transfers only apply to those who have a post-injury, disability or is a required placement? And section 120(3)(a) termination will apply on most other occasions?

Government Agency

Department for Education > robert keage

27 Feb 2020

Hi Robert
Thank you, we value all comments received and have passed them onto the project team.
Regards
Department for Education

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Lisa Train

26 Feb 2020

I am leaving this comment because I want to express that I wish to engage in meaningful consultation, and I appreciate that you are offering this to staff. Unfortunately, current working conditions for educators in SA means I do not have the time/capacity to read and give thoughtful feedback. I hope that this systematic problem is being addressed in this Act and future policy.

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Department for Education > Lisa Train

27 Feb 2020

Hi Lisa Thank you for your feedback. We value all comments received and will be sure to pass them onto the project team. We are also consulting with key stakeholders, this includes the Australian Education Union and Public Service Association. Please be assured that the Department for Education will provide further updates later this year. Regards Department for Education

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Kerry Wood

26 Feb 2020

Clarity re: stand alone preschool teacher working terms and conditions e.g. NIT entitlements to align with teachers working in schools

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Department for Education > Kerry Wood

27 Feb 2020

Hi Kerry We’d like to clarify that the legislation and regulations do not define the hours of work, face to face teaching time or non-instruction time (NIT) for teachers in stand-alone preschools, as these are covered under the relevant Enterprise Agreement and safety net award. If you would like more information about these provisions, you can visit https://edi.sa.edu.au/hr/for-individuals/work-conditions/acts-awards-and-agreements/awards-and-agreements. Thank you for your comments. Department for Education

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