State special school enrolment (additional requirements) procedure

Audience

All Department of Education (department) staff involved in supporting parents who are considering or making an application for student enrolment in a state special school, and processing or making decisions regarding enrolment in a state special school.

Purpose

This procedure sets out the additional responsibilities and processes relating to enrolling students in state special schools in accordance with the Education (General Provisions) Act 2006 (Qld) (the Act). It should be read in conjunction with the responsibilities and processes set out in the Enrolment in state primary, secondary and special schools procedure.

Overview

The Inclusive education policy commits the department to continuing its journey towards a more inclusive education system, and acknowledges the right of children and young people of all abilities to attend their local state primary or secondary school.

Parent/s may choose to apply to enrol their child in a state special school. Enrolment in all state schools including state special schools must meet certain requirements as outlined in the Act and the Enrolment in state primary, secondary and special schools procedure. Additional requirements for enrolment in a state special school are set out in the Act.

The criteria to be considered in deciding whether a person is a person with a disability are set out in the Special School Eligibility (‘person with a disability’ criteria) policy (the policy). The Decision-making guidelines – Special school enrolment provide information to assist decision-makers by outlining the type of evidence or information that may indicate whether the requirements, including the four criteria set out in the policy, have been met.

Before a prospective student can be enrolled in a state special school, the Act prescribes that the following two requirements must be met:

• the prospective student is a ‘person with a disability’ with all four criteria set out in the policy being met; and
• the state special school is able to cater for the educational needs of the prospective student.

If the prospective student is currently enrolled in a Queensland state special school, and the proposed state special school principal is satisfied that the student continues to meet the above two requirements, the proposed state special school principal must enrol the prospective student if they are otherwise entitled under the Act to be enrolled at the school. If the proposed state special school principal is not satisfied the above requirements are met, or if the prospective student is not currently enrolled in a Queensland state special school, enrolment applications are forwarded to the delegated decision maker.

For prospective students not currently enrolled in a Queensland state special school, children and young people may register at and attend a state special school through temporary attendance (for up to 10 months) pending a final decision regarding enrolment being made if:

• all requirements set out in the Act and all four criteria set out in the policy are met, except that the prospective student has not been verified through the Education Adjustment Program (EAP) in the category of intellectual disability; and
• the prospective student is likely to be verified through the EAP in the category of intellectual disability within 10 months.

If the decision-maker refuses an enrolment application, applicant/s may seek an internal review of the decision by submitting an Application for internal review of special school enrolment ineligibility.

If unsatisfied with the outcome of the internal review, the applicant/s may, under section 394 of the Act, apply under the Queensland Civil and Administrative Tribunal Act 2009 (Qld), for a review of the internal review decision.

Responsibilities

State primary, secondary and special school principals

• Where a parent/s of a student enrolled in their school is considering or chooses to apply for enrolment in a state special school, seek advice from the regional office if required, and advise the parent/s on all enrolment options.
• Support parents to complete the necessary forms and gather information.
• Ensure all documentation is appropriately stored on the student’s file and in OneSchool.

Early Childhood Development Program (ECDP) staff

• Where a parent/s of a child registered at an ECDP is considering or chooses to apply for enrolment in a state special school, discuss all enrolment options with the parent/s and refer them to the regional office if needed.
• Support parents to complete the necessary forms and gather information.
• Ensure all documentation is appropriately stored on the student’s file and in OneSchool.

Regional Directors

• Nominate an officer/s to liaise with parent/s considering or making an application for enrolment to a state special school.
• Nominate officers, not involved in the original decision, to gather information in relation to internal reviews for state special school enrolments.
• Within 40 school days of receiving an Application for internal review of special school enrolment ineligibility, review the original decision to refuse state special school enrolment, if not involved in the original decision to refuse the state special school enrolment.
• If appropriate, consider and offer temporary attendance when undertaking an internal review of state special schools enrolment ineligibility (not applicable for students currently enrolled at another Queensland state special school).
• Record and progress Application for student enrolment through OneSchool.
• Ensure all documentation is appropriately stored on the student’s file and in OneSchool.

Senior Guidance Officers

• Consider applications for enrolment in state special schools and advise the applicant/s and proposed state special school principal of their decision as outlined in this procedure.
• If appropriate, consider and offer temporary attendance when considering applications for enrolment in a state special school.
• Make recommendations regarding internal reviews of decisions to refuse enrolment to state special schools, if not involved in the original decision to refuse enrolment.
• Record and progress Application for student enrolment through OneSchool.
• Ensure all documentation is appropriately stored on the student’s file and in OneSchool.

Assistant Director-General within State Schools Strategy

• Within 40 school days of receiving an Application for internal review of special school enrolment ineligibility, review the original decision to refuse state special school enrolment, if not involved in the original decision to refuse state special school enrolment.

Proposed state special school principal

For prospective students not currently enrolled in a Queensland state special school:

• Refer the parent/s to regional office if they contact the school to enrol their child in their school, if appropriate.
• Support the parent/s to complete the necessary forms and gather information, and request support from regional office, if necessary.
• Make recommendations regarding Application for student enrolment to state special schools to the delegated decision-maker through OneSchool.
• Refer Application and associated forms (as appropriate) together with all materials and information provided by the parent/s and gathered by the department to the delegated decision-maker through OneSchool.
• Process Application if the delegated decision-maker decides that all enrolment requirements have been met.
• Complete a Temporary attendance in a state special school – Registration and agreement if the decision-maker decides to offer temporary attendance and the parent/s accepts the offer within 10 school days.
• Request EAP verification in the category of intellectual disability where the student is registered with the school on temporary attendance
• Advise the delegated decision-maker of the outcome of EAP verification and whether all enrolment requirements continue to be met by completing the Education Adjustment Program (EAP) outcome (temporary attendance finalisation) (EAP outcome).

For prospective students currently enrolled in a Queensland state special school:

• Consider the Application for student enrolment for students seeking to enrol in another state special school.
• Accept the Application if satisfied all enrolment criteria are met.
• Refer the Application to the delegated decision-maker through OneSchool if not satisfied:
  • the student meets all four criteria set out in the policy; and/or
  • the special school is able to cater for the educational needs of the student.

Regional officer (officer nominated by the Regional Director)

• Provide advice to parent/s about enrolment options and supports that may be available at their local primary or secondary state school.
• Support parent/s to complete necessary forms and gather information.
• Collect other information needed to consider the enrolment application.
• Ensure all documentation is securely stored on the student’s file and in OneSchool.

Deputy Director-General, State Schools Strategy

• Within 40 school days of receiving an Application for internal review of special school enrolment ineligibility review the original decision to refuse state special school enrolment, if not involved in the original decision to refuse state special school enrolment.

Director-General

• Within 40 school days of receiving an Application for internal review of special school enrolment ineligibility, review the original decision to refuse state special school enrolment.

Parents/Applicants

For prospective students not currently enrolled in a Queensland state special school

• Seek advice regarding enrolment options from the ECDP their child is attending, their local state school or regional office.
• Consent to EAP verification if necessary.
• Complete the Application for student enrolment and the State special school enrolment parent consent and information form and provide information or reports they have, which may inform decision-making when making an application for student enrolment.
• Provide additional information or reports in response to the delegated Decision-maker’s preliminary view to refuse enrolment in a state special school.
• If accepting an offer of temporary attendance, complete a Temporary attendance in a state special school – Registration and agreement within 10 school days of receiving notification.

For prospective students currently enrolled in a state special school:

• Complete the Application for student enrolment.

Seeking a review of a decision

• If seeking an internal review of a decision to refuse enrolment, provide an Application for internal review of special school enrolment ineligibility to the department within 30 school days.
• If unsatisfied with the internal review decision, may apply to the Queensland Civil and Administrative Tribunal (QCAT) for a review within 28 days of being notified of the internal review outcome.

Process

Advising parent/s regarding enrolment options

• Departmental officers provide advice about enrolment options to parent/s who are considering, or have chosen to make, an application to enrol their child in a state special school. This may include officers from the:
  • ECDP where the child is currently registered; 
  • state primary or secondary school where the student is currently enrolled, after the school seeks advice from the regional office regarding options and supports for the student;
  • state special school where the student is currently enrolled;
  • department’s regional office; and/or
  • parent/s’ preferred future special school (noting that state special schools may refer parents to the regional office if they form the view that the prospective student will not meet all four criteria set out in the policy).

Parent application

Enrolment processes are different depending on if the prospective student is or is not currently enrolled at a Queensland state special school.

Parent/s may be supported to complete forms and gather relevant information by:

• the ECDP where the child is currently registered 
• the state special, primary or secondary school where the student is currently enrolled
• department’s regional office, or
• their preferred future special school (noting that state special schools may refer parents to the regional office if they form the view that the prospective student will not meet all of the four criteria set out in the policy).

For a prospective student currently enrolled in a Queensland state special school

• Parent/s complete an Application for student enrolment and submit the application to the department's regional office or their preferred future special school.

For a prospective student not currently enrolled in a Queensland state special school

• Parent/s complete an Application for student enrolment including providing certified copies of birth certificates and family court orders, where applicable, and a State special school enrolment parent consent and information form
• The applicant/s submit the forms, together with any available reports or other documents to support the application, to:
  • the ECDP where the child is currently registered 
  • the state primary or secondary school where the student is currently enrolled
  • department’s regional office, or
  • their preferred future special school.
• The department’s regional office, ECDP or school that receives the forms and supporting documentation, gathers any other relevant information from organisations nominated by the applicant/s and from within the department, and provides it to the proposed state special school principal.

Special school principal assessment

The special school principal assesses the application and all supporting information.

For a prospective student currently enrolled in a Queensland state special school

• The current state special school principal will:
  • consider the Application for student enrolment for the proposed Queensland state special school, and
  • ensure information in OneSchool contains evidence that the student meets all four criteria set out in the policy.
• The proposed state special school principal will:
  • enrol the student as per s156 of the Act if satisfied:
    • the student continues to meet all four criteria set out in the policy, and
    • the special school is able to cater for the educational needs of the student, or
  • complete the Enrolment application principal referral and refer the Application for student enrolment to the delegated decision maker through OneSchool if not satisfied:
    • the student continues to meet all four criteria set out in the policy, and/or
    • the special school is able to cater for the educational needs of the student.

For a prospective student not currently enrolled in a Queensland state special school

• The proposed state special school principal will:
  • consider the Application for student enrolment
  • consider the State special school enrolment parent consent and information form and all information provided by the applicant/s and gathered by departmental staff, and
  • complete the Enrolment application principal referral, review the evidence and indicate within OneSchool whether the student meets all enrolment requirements and all four criteria set out in the policy, and recommend/advise:
    • enrolment is approved, if all enrolment requirements, including all four criteria set out in the policy are met, or
    • the decision process continues awaiting finalisation of EAP verification in the category of intellectual disability; and whether an offer of temporary attendance up to 10 months, is appropriate, or
    • enrolment is refused, if not all enrolment requirements, including all four criteria set out in the policy, are met. 
• The proposed state special school principal will provide the following information to the delegated decision-maker:
  • Application for student enrolment
  • State special school enrolment parent consent and information form and all supporting information provided by the applicant/s 
  • Enrolment application principal referral, and
  • any other supporting information gathered by the department.

Decision-making

The delegated decision-maker considers all materials and information provided by the state special school principal and makes a decision on enrolment.

For a prospective student currently enrolled in a Queensland state special school

• The delegated decision maker will do one of the following:
  • if satisfied all four criteria set out in the policy are met and the special school is able to cater for the education needs of the student, refer the Application for student enrolment to the state special school for processing; or
  • if not satisfied all four criteria set out in the policy are met and/or the special school is able to cater for the education needs of the student, make a decision to refuse enrolment.

For a prospective student not currently enrolled in a Queensland state special school

• The delegated decision-maker will do one of the following:
  • refer the Application for student enrolment to the state special school for processing, if satisfied all enrolment requirements, including all four criteria set out in the policy, are met; or
  • where all the enrolment requirements and criteria are met except that the prospective student has not been verified in the EAP category of intellectual disability, if appropriate, offer temporary attendance for up to 10 months, and advise the:
    • state special school principal in writing about the continued decision-making process awaiting finalisation of the EAP verification of intellectual impairment and the offer of temporary attendance for up to 10 months (if appropriate); and
    • applicant/s in writing about the continued decision-making process and, if appropriate, an offer of temporary attendance and that the applicant/s should contact the state special school principal within 10 school days to accept the offer of temporary attendance.
• Where the decision-making process is continuing but is awaiting finalisation of the EAP verification of intellectual impairment and an offer of temporary attendance is made, the state special school principal will:
  • where the applicant/s accept the offer of temporary attendance and contacts the state special school principal within 10 school days:
    • complete a Temporary attendance in a state special school – Registration and agreement with the applicant/s; and
    • commence EAP verification process for intellectual disability, if not already commenced, when the prospective student starts attending the state special school.
  • advise the delegated decision-maker once EAP verification is finalised by completing an Education Adjustment Program (EAP) outcome (temporary attendance finalisation) (EAP outcome), including making a recommendation about whether enrolment in the state special school should be approved or refused.
  • if the applicant/s does not accept the temporary attendance offer or does not contact the state special school principal within 10 school days, the state special school principal will advise the delegated decision-maker by providing a completed EAP outcome.
• Where evidence gathering is finalised and the decision maker forms a preliminary view that enrolment should be refused, they must:
  • write to the applicant/s advising them of the preliminary view and providing them with an opportunity to respond and provide additional information prior to a final decision being made;
  • consider any additional information provided by the applicant/s and either:
    • approve enrolment if satisfied that all enrolment requirements including all four criteria set out in the policy are met
    • delay making a decision about enrolment in the state special school and offer temporary attendance for up to 10 months (if appropriate), to enable the EAP verification process to be completed, or
    • refuse enrolment if not satisfied that all enrolment requirements or all four criteria set out in the policy have been met.

Notification and actioning the decision

For a prospective student currently enrolled and not referred to the decision-maker

• Where the principal is satisfied all four criteria set out in the policy are met and the special school is able to cater for the educational needs of the student, the principal will:
  • advise the applicant/s in writing;
  • process the Application for enrolment in accordance with the State primary, secondary and special school enrolment procedure including signing an Enrolment agreement; and
  • securely store all enrolment application documentation on the student’s file and in OneSchool.

For a prospective student referred to the decision maker

• If satisfied the enrolment requirements for a state special school have been met:
  • the delegated decision-maker will refer the Application for student enrolment to the state special school principal for enrolment and refer to all information and materials considered (including State special school enrolment parent consent and information form and Enrolment application principal referral) to the state special school principal;
  • the state special school principal will:
    • advise the applicant/s in writing;
    • process the enrolment application in accordance with the State primary, secondary and special school enrolment procedure including signing an Enrolment agreement; and
    • securely store all enrolment application documentation on the student’s file and in OneSchool.
• If enrolment is refused, the delegated decision-maker will:
  • prepare an Information notice - Requirements for enrolment in state special school not satisfied;
  • advise the applicant/s in writing of the decision by posting the original Information notice - Requirements for enrolment in state special school not satisfied and including all documents considered, if not previously provided;
  • nominate an officer to assist the parent/s to enrol the student in a state primary or secondary school, if appropriate;
  • advise the state special school principal in writing and securely store all documents considered by the decision-maker [including additional information and materials provided by the applicant in response to a preliminary view letter if relevant for secure storage] on the student’s OneSchool special school enrolment record; and
  • advise the current school of the decision, if the student is already enrolled in a Queensland state school and, if needed, nominate an officer to work with the school to support the student’s continued enrolment in the school.

Internal review

For all internal review applications

• Applicant/s submits a completed Application for internal review of special school enrolment ineligibility within 30 school days of being given the Information notice – Requirements for enrolment in state special school not satisfied.
• Within 40 school days of the department receiving the application for internal review:
  • a nominated internal review officer requests officers not involved in considering or gathering evidence and information relating to the original decision, gather further information, if needed, which may include seeking a recommendation or further information from:
    • a Senior Guidance Officer not involved in the original decision; and/or
    • other relevant staff not involved in the original decision.
• The internal review officer considers the application, all material and documents related to the original decision and any additional information.

For a prospective student currently enrolled in a Queensland state special school

• The internal review officer will consider the Application for internal review of special school enrolment ineligibility and will either:
  • substitute the original decision and approve enrolment where all enrolment requirements for enrolment in the state special school, including all four criteria set out in the policy are met; or
  • confirm the original decision and refuse enrolment.

For a prospective student not currently enrolled in a Queensland state special school

• The internal review officer will consider the Application for internal review of special school enrolment ineligibility and will either:
  • substitute the original decision and approve enrolment where all enrolment requirements for enrolment in the state special school, including the policy’s criteria are met; or
  • form a preliminary view that the original decision to refuse enrolment should be confirmed, where they are not satisfied that all requirements for enrolment in the state special school, including all four criteria set out in the policy and:
    • write to the parent/s advising them of the preliminary view to confirm the original decision and provide them with an opportunity to provide additional information prior to a final decision being made; and
    • consider any additional information provided by the parent and either:
      • substitute the original decision and approve enrolment if all requirements for enrolment including all four criteria set out in policy are met; or
      • confirm the original decision and refuse enrolment, and offer temporary attendance if appropriate; or
      • confirm the original decision and refuse enrolment.

For all internal review request decisions

The internal review officer will:

• advise the applicant/s in writing via post of the internal review decision providing all information and evidence considered when making the decision;
• advise the proposed state special school principal in writing of the outcome of the internal review, providing all information and evidence considered. If the decision is made that all enrolment requirements have been met, refer the Application for student enrolment for processing; and
• advise the state primary, secondary or special school, of the outcome if the student is currently enrolled in that school.

Definitions

Legislation

• Education (General Provisions) Act 2006 (Qld)
• Education (General Provisions) Regulation 2017 (Qld)
• Anti-Discrimination Act 1991 (Qld)
• Disability Discrimination Act 1992 (Cwlth)
• Disability Standards for Education 2005 (Cwlth)
• Australian Human Rights Commission Act 1986 (Cwlth)
• Human Rights Act 2019 (Qld)

Delegations/Authorisations

• Delegation of Director-General’s Powers under the Education (General Provisions) Act 2006 (Qld)

Other resources

• Application for student enrolment
• Education Adjustment Program (EAP)
• Enrolment in state primary, secondary and special schools procedure
• Inclusive education
• Inclusive education policy
• Managing students' health support needs at school procedure
• K-12 curriculum, assessment and reporting framework
• Retention and disposal schedules (DoE employees only)
• State special school eligibility (‘person with a disability’ criteria) policy
• Brighter futures: Delivering excellence in every state school
• Support at school for students with intellectual disability – Enrolment options
• Students with disability

Superseded versions

Previous seven years shown. Minor version updates not included.

1.0 State special school enrolment (additional requirements) procedure