Education (Amendment) Regulations 1997

i Education (Amendment) Regulations 1997 S.R. No. 162/1997 TABLE OF PROVISIONS Regulation Page 1. Objective 1 2. Authorising provisions 1 3. Definitions 1 4. New Regulations 2.2 to 2.8 inserted 2 2.2 Application 2 2.3 State Schools 3 2.4. Special State schools 3 2.5 State schools in non-metropolitan areas 3 2.6. State schools in metropolitan areas 4 2.7. English language State schools 5 2.8. Exemptions 5 5. Regulations revert to original 6 6. Expiry 6 ═══════════════ NOTES 7 -- 1 of 8 -- 1 STATUTORY RULES 1997 S.R. No. 162/1997 Education Act 1958 Education (Amendment) Regulations 1997 The Governor in Council makes the following Regulations: Dated: 16 December 1997 Responsible Minister: PHILLIP GUDE Minister for Education SHARNE BRYAN Clerk of the Executive Council 1. Objective The objective of these Regulations is to make provision for age requirements in relation to enrolment or attendance at State schools. 2. Authorising provisions These Regulations are made under sections 25C, 82 and 83 of the Education Act 1958. 3. Definitions In regulation 1.6 of the Education Regulations 19881 insert the following definitions— ' "English language State school" means a State school which offers pupils a full time and intensive English language program for a minimum of 6 or a maximum of 12 months and includes a part of a State school that offers such a program; -- 2 of 8 -- S.R. No. 162/1997 Education (Amendment) Regulations 1997 2 "enrolled", in relation to the Victorian Certificate of Education, means— (a) enrolled in and undertaking units of study which will enable the pupil to complete no fewer than 16 units of study over no more than a continuous 3 year period and being units of study which meet the minimum requirements of the Board of Studies for the award of the Victorian Certificate of Education; or (b) enrolled in and undertaking a unit or units of study as approved by the Minister towards the completion of the Victorian Certificate of Education; "metropolitan area" has the same meaning as "metropolitan municipal district" has in the Public Holidays Act 1993 and includes French Island; "Special State school" means a State school that provides educational programs solely or mainly for pupils with disabilities or impairments irrespective of whether the title "special" is part of its school name and includes a special developmental school or specialist school.". 4. New Regulations 2.2 to 2.8 inserted After regulation 2.1 of the Education Regulations 1988 insert— "2.2 Application Nothing in regulation 2.3, 2.5 or 2.6 applies to a person who is an overseas student or to a preschool program or a Technical and Further Education program or other similar program conducted on State school premises. r. 4 -- 3 of 8 -- S.R. No. 162/1997 Education (Amendment) Regulations 1997 3 2.3 State Schools (1) A child under 6 years of age is not entitled to— (a) be enrolled at any State school; or (b) attend a State school; or (c) attend or participate in any course of study offered, conducted or provided by a State school; or (d) continue to be so enrolled or to so attend or participate. (2) Sub-regulation (1) does not apply if— (a) the child will have attained the age of 5 years by 30 April of the year in which the enrolment, attendance, participation or continuation of attendance or participation is sought; and (b) the enrolment, attendance, participation or continuation of attendance or participation relates to a course of primary education or a course approved by the Minister. 2.4. Special State schools Any person who is aged 18 years or over on 1 January in a particular year is not entitled in that year to be enrolled at or attend a special State school or to attend or participate in any course of study offered, conducted or provided by a special State school. 2.5 State schools in non-metropolitan areas (1) A person who is aged 18 years or over on 1 January in a particular year is not entitled in that year to be enrolled at or attend a State r. 4 -- 4 of 8 -- S.R. No. 162/1997 Education (Amendment) Regulations 1997 4 school that is located outside the metropolitan area or to attend or participate in any course of study offered, conducted or provided by such a State school unless the person is enrolled at that school solely in the Victorian Certificate of Education. (2) Any person who is enrolled at or attending a State school that is located outside the metropolitan area or who is participating in a course of study offered, conducted or provided by such a State school is not entitled to continue to be so enrolled or to so attend or participate after 31 December in the year in which he or she attains 21 years of age, unless— (a) the person is enrolled at that school solely in the Victorian Certificate of Education; and (b) there is no Technical and Further Education institution or alternative provider offering a course of study ordinarily provided at a TAFE institution that the Minister determines is within a reasonable geographic distance of that school. 2.6. State schools in metropolitan areas A person who is aged 18 years or over on 1 January in a particular year is not entitled in that year to be enrolled at or attend a State school in the metropolitan area or to attend or participate in any course of study offered, conducted or provided by such a State school unless the person is— r. 4 -- 5 of 8 -- S.R. No. 162/1997 Education (Amendment) Regulations 1997 5 (a) enrolled at that school solely in the Victorian Certificate of Education; and (b) under 21 years of age as at 1 January in that year. 2.7. English language State schools (1) A person is not entitled to be enrolled at or attend an English language State school or to attend or participate in an intensive English program offered, conducted or provided by such a school unless the person is under 18 years of age on the date of enrolment, attendance or participation in the program. (2) Any person enrolled at or attending an English language State school or attending or participating in an intensive language program offered, conducted or provided by such a school is entitled to continue to be so enrolled or to so attend or participate in the year in which he or she attains 18 years of age and in the following year solely for the purpose of completing the 6 or 12 months program he or she commenced before attaining the age of 18. (3) This regulation applies despite anything to the contrary in regulation 2.5 or 2.6. 2.8. Exemptions The Minister may grant an exemption to— (a) a person referred to in regulation 2.3 if— (i) the person requires extra support or assistance or possesses suitable academic ability; and (ii) the Minister considers it is in the person's best interests to be r. 4 -- 6 of 8 -- S.R. No. 162/1997 Education (Amendment) Regulations 1997 6 enrolled at or attend a State school or to attend or participate in any course of study offered, conducted or provided by a State school or to so continue to attend or participate; (b) a person referred to in regulation 2.5 or 2.6 if the person, due to causes of a temporary nature, has been unable to complete year 10 in time to satisfy the age requirements in those regulations and will be under 21 years of age at the time of completing year 10 if the exemption is granted.". 5. Regulations revert to original In the Education Regulation 1988— (a) the definitions of "English language State school", "enrolled", "metropolitan area" and "Special State school" are revoked on 14 December 1998; (b) regulations 2.2 to 2.8 are revoked on 14 December 1998. 6. Expiry These Regulations cease to have any force or effect on 15 December 1998. ═══════════════ r. 5 -- 7 of 8 -- S.R. No. 162/1997 Education (Amendment) Regulations 1997 7 NOTES 1 S.R. No. 258/1988. Reprinted to S.R. No. 116/1993 as amended by S.R. Nos 6/1997 and 122/1997. Notes -- 8 of 8 --